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iBBi
ACT
Approxed l\\- the People, No\-einher 4, 1958
Chapter 684, Acts of 1958
and
ACTS AND RESOLVES
passed b}' the
(gmtrral (EiTurt nf iiafisadiuaftta
in the year
1959
TOGETHER WITH
RFTURNS OF VOTES UPON QUESTION
SUBMITTED TO VOTERS
PUBLISHED BY
JOSEPH D. WARD
Secretary of the Commonwealth
BOS' 1 "ON
U.\I\F.RSn V PUKSS OF CAMBRIDCK. INC.
19^9
Chapter 684.
(FIjc (Unmmmuuralllj uf fHaiUUirljUiicttii
Ix Tin: Vkak Oxk Thousand Nink IIundrhd and Fifty-eight.
An Act providing for the annual adjustment of pensions and
retirement aulowances payable to persons engaged in gainful oc-
cupation after retire:\rent for disability.
lie it enacted by the People, and by their authority :
Section 1. Chapter 32 of the General Laws is hereby amended by
inserting after section 91 the following section: — Section 91A. Every
person other than a judge of a court pensioned or retired under any
general or special law for disability, including accidental disability,
shall in each year before the last day of January subscribe under the
penalties of perjury and file with the board or officer by whom he was
pensioned or retired a statement, in such form as such board or officer
shall prescribe, certifjnng the full amount of his earnings from gainful
occupation during the preceding year. If such earnings exceed, or
when added to his adjusted pension or retirement allowance in such
preceding year exceed, the regular compensation which would have
been inij-able to such person in such preceding year had he continued
in service in the grade held by him at the time he was pensioned or
retired, he shall refund his adjusted pension or retirement allowance
for such preceding year or a portion thereof equal to such excess, as
the case maj' be ; and until such refund is made, his pension or retire-
ment allowance shall be Avithheld as security therefor. As used in
this section, the term "adjusted pension or retirement allowance" shall
be construed to mean the pension or retirement allowance remaining
after deduction of such part thereof as represents the actuarial equiva-
lent of accumulated deductions at time of retirement and any addi-
tional annuity obtained by special purchase.
If any person pensioned or retired as aforesaid fails to subscribe
and file before January thirty-first in any year the statement pre-
scribed by this section, the board or officer by whom he was pensioned
or retired, unless such board or officer finds good cause for such failure,
shall withhold his pension or retirement allowance as security for any
refund which such statement when filed may show to be payable under
this section. Any person who files under this section a statement which
is false shall make such refund as a true statement would have shown
to be payable under this section, and, in addition, shall forfeit his
pension or retirement allowance for such period as the board or officer
by whom he was pensioned or retired shall determine.
If the office or position which such person held prior to his being
I)ensioned or retired, or if the grade held by him at the time he was
pensioned or retired is abolished, the regular compensation payable to
such person in such preceding year had he continued in service in the
grade held by him at the time he was pensioned or retired shall be
deemed to be the regular compensation so payable of an office or posi-
tion or grade the duties of which are similar, as determined by the
director of the division of personnel, to the office or position held by
him prior to his retirement.
Section 2. The provisions of section ninety-one A of chapter thirty-
two of the (ieneral Laws, as appearing in section one of this act, shall
api)ly to all persons pensioned or retired prior to tiie effective date of
this act under any general or s}:)ecial law for disability, including acci-
dental disability; provided, however, that so much of said section
ninety-one A as relates to the refunding of a i)ension or retirement
allowance shall not, in the case of persons so retired prior to said
effective date, be applicable to income received by such retired persons
during the year nineteen hundred and fifty-eight or prior years.
Section 3. The provisions of this act are hereby declared to be
severable, and if any such provision, or the application of any such
provision to any person or group of persons or circumstance shall be
held to be unconstitutional, such unconstitutionality shall not be con-
strued to affect the constitutionality of any of tlie remaining provisions
of this act, or the application of such provisions or to persons or cir-
cumstances other than those to which it is so held unconstitutional.
Oftice of the Secretary, Boston, December 4, 1958.
I hereby certify that the foregoing law entitled "An Act Pro-
viding for the Annual Adjustment of Pensions and Retirement Allow-
ances Payable to Persons Engaged in Gainful Occupation after Re-
tirement for Disability" was approved by the People at the State Elec-
tion held on November 4, 1958, pursuant to the provisions of Article
XLVIII of the Amendments to the Constitution, as amended by
Article LXXIV of said Amendments.
FRANCIS X. AHEARN
Deputy Secretary of the Commonwealth.
ACTS AND RESOLVES
OF
MASSACHUSETTS
1959
'The General Court, which was chosen Novem-
ber 4, 1958, assembled on Wednesday, the seventh day
of January, 1959, for its first annual session.
The oaths of office were taken and subscribed by His
Excellency Foster Furcolo and His Honor Robert
F. Murphy on Thursday, the eighth day of Janu-
ary, in the presence of the two Houses assembled in
convention.
ACTS.
Chap. 1. Ax Act placing certain clerical positions in the town
OF SWAMPSCOTT UNDER THE CIVIL SERVICE LAWS AND RULES.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 82 of the acts of 1958 is liereby
anieiidod by striking ont the first sentence and inserting in place there-
of the following sentence : — The provisions of chapter thirty-one of the
General Laws shall, upon the effective date of this act, apply to all
offices and positions in the town of Swampscott which are not already
classified under said laws, including all clerical and custodial em-
ployees, employees of the school lunch program, the town accountant,
the health agent and the clerks employed by the treasurer, by the col-
lector of taxes and by the clerk of the tow^i.
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. Approi^ed February 2, 1959.
Chap. 2. An Act placing the positions of regular or permanent
MEMBERS OF THE POLICE DEPARTMENT OF THE TOWN OF MILLIS
UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc.,- as follows:
Section 1. The positions of regular or permanent members of the
police department of the town of Millis shall, upon the eft'ective date of
this act, become subject to the civil service laws and rules, and the
tenure of office of any incumbent thereof shall be unlimited, subject,
however, to said laws. The incumbent of each of said positions 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 position and shall be deemed to be permanently ap-
pointed thereto without being required to serve any probationary
period.
Section 2. This act shall be submitted to the voters of said town at
the annual town meeting in the current year in the form of the follow-
ing 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-nine, en-
titled 'An Act placing the positions of regular or permanent members
of the police department of the town of Millis under the civil service
laws', be accepted?" If the majority of the votes in answer to said
question is in the affirmative, then this act shall thereupon take full
effect, but not otherwise. Approved February 2, 1959.
8 Acts, 19r)9 — Chaps. 8, 4, 5.
Chap. 3. An Act providing life tenure for the present incum-
bent OF the office of highway superintendent of the
town of holbrook.
Be it enacted, etc., as foUoirs:
Section 1. The tenure of office of the present incumbent of the
office of highway superintendent of the town of Uolljrook shall be un-
limited, but he may be removed tlierefrom for cause after hearing in
tlie manner provided by section forty-three of cliapter 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
following question, M'hich shall be placed upon the official ballot to be
used for the election of town officers at said meeting: — "Shall an act
])assed by the General Court in the year nineteen hundred and fifty-
nine, entitled 'An Act providing life tenure for the present incumbent
of the office of highway superintendent of the town of Holbrook', be
accepted'/" If a majority of the votes in answer to said question is
in the affirmative, this act shall thereupon take full effect, but not
otherwise. Approved February 2, 1959.
Chap. 4. An Act providing tenure of office for the chief of
POLICE OF the town OF PEPPERELL.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Harold C. King, the incum-
bent of the office of chief of police of the town of Pepperell, shall
be unlimited. Said incumbent shall not be removed from office, low-
ered in rank or suspended, except for just cause and for reasons
specificall}' given him in writing by the board of selectmen.
Section 2. This act shall be submitted to the voters of said town at
the annual town meeting in the year nineteen liundred and fifty-nine
in the form of the following question, whieh 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 tifty-nine, entitled 'An Act providing tenure of office for
the chief of police of the town of Pepperell', be accepted?" If a
majority of the votes cast in answer to said question is in tlie affirma-
tive, this act shall take full effect, but not otherwise.
Approved February 2, 1959.
Chap. 5. An Act providing life tenure for the police chief of
THE TOWN of LAKEVILLE.
Be it enacted, etc., as follows:
Section 1. The tenure of office of John S. Erwin, incumbent of the
office of chief of police in the town of Lakeville, shall, upon the effective
date of this act, be unlimited. Said incumbent shall not be removed
from office, lowered in rank or suspended, except for just cause and
Arrs, id:)!). - ('iiai's. (i. <. 9
for reasons sixH-itirally </\\cu liiui in writiiiL: by Uie boaril ol" scU'c'lnien.
Section 2. This act shall be submitted for acceptance to the voters
of said town at its nrxt annual town ineetiufi: in the forin of tbo follow-
in;; quest ion. which shall be presented 1o said voters a1 saiil iiieetin<i:- —
"Shall an act passed by the General Court in the year nineteen hun-
dred and fifty-nine, entitled 'An Act providinjr life tenure for the
police chief of the town of Lakeville', be accepted?" If a iiui.jority of
the votes in answer to said (piestion is in the affirmative, then this act
shall thereupon lake full efVect, but iu)t otherwise.
Approved February :2, 1!)')D.
Chap. 6. An Act PKiiviDixc; lifk tenure for ali^ert e. cole, ivcum-
HENT OF THE OFFICE OF COLEECTOR-TREASTTRER OF THE TOWN
OF FRAMINGTIAM.
He if eiiaefcel, etc.. as; fnJIntrs::
Section 1. The tenure of office of Albert E. Cole, iiu'umbcnt of tlic
office of collector-treasurer of the town of Pi'aniiufjham, shall be un-
limited. Said incumbent shall not be removed from office, lowered in
rank or suspended, except for just cause and for reasons specifically
given him in writing: by the board of selectmen, 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 to the voters
of said town at the annual town election to be held in the current year,
in the form of the followino; question which shall be placed on the
official ballot to be used in said election: — "Shall an act passed by the
General Court in the year nineteen hundred and fifty-nine, entitled
'An Act providinj^ life tenure for Albert E. Cole, ijicumbent of the
office of collector-treasurer of tlie town of Framinji^ham', be accepted?"
If a majority of the votes in answer to said question is in the affirma-
tive, then this act shall thereupon take full effect, but not otherwise.
Approved February 2, 1959.
Chap. 7. An Act providing life tenure for the three present
FULL-TIME INCUMBENTS OF THE OFFICE OF FIRE ALARM CLERK
OF THE TOWN OF UXBRIDGE.
Be it enacted, etc., as follows:
Section 1. The tenure of office of the three jiresent full-time in-
cumbents of the office of fire alarm clerk of the town of Uxbridge shall,
upon the effective date of this act, be unlimited. Said incumbents shall
not be removed from office, lowered in rank or suspended except for
just cause and for reasons specifically given them in writing by the
board of selectmen.
Section 2. This act shall be submitted for acceptance to the voters
of said town at the annual town election to ))e held in the current year,
in the form of the following question Avhich shall be placed upon the
official ballot to be used in said election: — "Shall an act passed by
the General Court in the year nineteen hundred and fiftj^-nine, entitled
10 Acts, 1959. — Chaps. 8, 9.
'An Act providing life tenure for the three present full-time incum-
bents of the office of fire alarm clerk of the town of Uxbridge', 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 2, 1959.
Chap. 8. An Act providing life tenure for henry j. mcnamara, jr.,
INCUMBENT OF THE OFFICE OP CHIEF OF POLICE IN THE TOWN
OF GRAFTON.
lie it enacted, etc., as follows:
Section 1. The tenure of office of Henry J. McNamara, Jr., incum-
bent of the office of chief of police of the town of Grafton, shall, upon
the effective date of tliis act, be unlimited, but he may be removed for
cause after hearing in the manner provided by section forty-three of
chapter thirty-one of the General I^aws.
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 follow-
ing question, which shall be placed upon the official ballot to be used
for the election of town offfcers at said meeting: — "Shall an act passed
by the General Court in the year nineteen hundred and fifty-nine,
entitled, *An Act providing life tenure for Henry J. i\IcNamara, Jr.,
incumbent of the office of chief of police in the town of Grafton', be
accepted?" If a majority of the votes in answer to said question is in
the affirmative this act shall take full effect, but not otherwise.
Approved Fehruarij 2, 1959.
Chap. 9. An Act relative to the tenure of office of the present
CHIEF OF police of the town of williamstown.
JJe it enacted, etc., as follows:
Section 1. The incumbent of the office of chief of police in the
town of Williamstown on the effective date of this act sliall hold office
during good behavior unless incapacitated by ph3-sical or mental dis-
ability from performing the duties of chief of police, and until the
appointing authority 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 ])ublic service.
Section 2. This act shall be submitted for acceptance to the voters
of said town at the annual town meeting in the current year in the
form of the following question, which shall be placed on the official
ballot to be used for the election of officers at said meeting: — "Shall
an act passed by the General Court in the current year, entitled 'An
Act relative to the tenure of office of the present chief of police of the
town of Williamstown' be accepted?" If a majority of the votes in
answer to said question is in the affirmative, then this act shall tliere-
U])()n lake full effect, but not otherwise.
Approved February 2, 1959.
Acts, 1959. — Chaps. 10, 11, 12. 11
Chap. 10. An Act to ascertain the will of ttie voters of the
TOWN OF METIIUEN WITH REFERENCE TO THE CONSTRUCTION
OF A NEW JUNIOR HIGH SCHOOL IN SAID TOWN.
/)(• (7 cnacfi'd, etc., as follows:
Section ]. For tlio purpose of ascertaining- the will of the voters
of the town of ]\[etliuon with reference to the question of constrnctinf?
a new junior hig-h school building in said town, there shall be placed
upon the official ballot to be used at a town meetiuf^ in the current
year the following' question: — "Shall the town of Methucn construct
a new junior hiuh school building/" If a majority of the votes in
answer to said (piestion is in the affirmative, it shall be deemed and
taken to be the will of the voters of said town that a new junior high
school building shall be constructed, but if a majority of such votes
is in the negative, it shall be deemed and taken that said building
shall not be constructed.
Section 2. This act shall take effect upon its passage.
Approved February .?, 1959.
Chap. n. An Act relative to the acceptance by the town of
WINTHROP OF THE PROVISIONS OF LAW ESTABLISHING MINI-
MUT\r ANNUAL CO:\rPENSATION FOR FIRE FIGHTERS.
Be it enacted, etc., as follows:
Notwithstanding any contrary provision of section fifty-eight A of
chapter fifty-four of the General Laws, the following question shall
be placed upon the official ballot to be used for the election of officers
at the annual town meeting to be held in the town of Winthrop in
the current year: — "Shall the town vote to accept the provisions of
section one hundred and eight D of chapter forty-one of the General
Laws whereby, if accepted, the minimum annual compensation of each
permanent fire fighter in the fire department of the town of Winthrop
will be not less than five thousand dollars?" If a majority of votes
east in answer to said question is in the affirmative said act shall
thereupon take full effect in said town.
Approved February 4, 1959.
Chap. 12. An Act AUTHORIZING THE COUNTY COMMISSIONERS OF BRIS-
TOL COUNTY TO PURCHASE A NEW BEACH WAGON TO REPLACE
THE BEACH WAGON PRESENTLY USED FOR THE TRANSPORTA-
TION OF PRISONERS AT THE HOUSE OF CORRECTION.
Be it enacted, etc., as follows:
Section 1. The county commissioners of the county of Bristol are
hereby authorized to purchase a new beach wagon to replace the beach
wagon presently used for the transportation of prisoners at the house
of correction. For said purpose the commissioners may expend out of
any available funds a sum not exceeding three thousand 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 February j, 1959.
12 Acts, 1959. — Thaps. 13, 14.
Chap. 13. An Act to authorize the Massachusetts eye and ear
INFIRAIARY TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to authorize forthwith the Massacliusett-s Eye and
Ear Infirmary to hold additional real and personal estate, therefore
it is liereby declared to be an emergency law, necessary for the im-
mediate preservation of the public convenience.
Be it enacted, etc., as follows:
The Massachusetts Eye and Ear Infii'inary. a cliai-itat)!*' corporation
established by chapter ninety-one of the acts of eighteen hundred and
twenty-six, may hold real and personal estate in an amount not ex-
ceeding fifteen million dollars. Approred Februarij 5, 1959.
Chap. 14. An Act providing that the functions of the cemetery
CO .M:\IISSI0NEKS and the recreation committee AND THE
CARE AND MAINTENANCE OF THE TOWN DUMP AND TOWN
GROUNDS BE TINDER THE JURISDICTION OF THE BOARD OF
PUBLIC WORKS OF THE TOWN OF NORTH READING.
Be it enacted, etc., as follows:
Section 1. Chapter 9 of the acts of 1945 is hereb}' ameuded by
striking out section 2 and inserting in place thereof the following
section : — Section 2. Upon the qualifications of the initial members
of the board, the board shall have all the powers, rights and duties now
or from time to time vested by general or special law in the following
boards, departments and officers in said town, to wit: water commis-
sioners, sewer commissioners, highwaj^ department, including the
superintendent of streets, park department, moth department, board
of survey, tree warden, cemetery connnissioners and recreation com-
mittee, and such boards, departments and offices shall thereupon be
abolished during such time as this act is in effect as to them, respec-
tively. The board shall also have the rights, powers and liabilities with
respect to the care of dumps, now under the supervision of the board
of health and the care and maintenance of the town grounds, now
under the supervision of various departments of the town. No eon-
tracts or liabilities in force on the date when this act becomes fully
effective shall be afl'ected by such abolition, but the board shall in all
respects be the hnvfiil successor of the boards, departments and offices
so abolished.
Section 2. This act shall be submitted to the voters of the town
of North Reading for acceptance at the annual town meeting in the
current year. At such meeting there shall be placed upon the warrant
the following question: — "To see if the town will vote to accept an
act passed by the General Court in the year nineteen hundred and
fifty-nine, entitled 'An Act providing that the fum-tioius of the
cemetery commissioners and the recreation i-ommittee and the care
and maintenance of the town dump and town grounds be under the
jurisdiction of the board of public works of the town of North
Reading' " If a majoi-ily of the votes in answer to said question is
ill the afliiinat ivc, this ad shall take fnll effect, but not otherwise.
Approved February 5, 1959.
Acts, 19r)i). - Ciiai's. If), 1(1, 17. 13
Chap. 15. Ax Acr i.nckkasixo thi: amount ok I'ROpekty that may
1:1; \\\^.\A^ n\ TIIK AUdlTSTIXlAN COIJj:«K OF TlIK MERRIMACK
VAM.l.V.
Be if cnactid, etc., as foJJows:
The Aimusiiiii.iii Colloiic of the .Merrimack Valley, a corporatiou
oriranizecl uiuler ehapter one luiiulred and eijrlity of the General Laws,
is hereby authorized to hold real and ])ersonal property to an amount
uot exeeedinu' twenty-five million dollars to be used for the purposes
of said corporation as set forth in its charter or cei'tllicate of in-
coi'porat ion or in any anieiidnient iIkm-coI'.
Approi'cd Fibniavii 5, 1959.
Chap. 16. Ax Act relative to the granting of vacations for
.AI EMBERS OF THE REGULAR POLICE AND FIRE FORCES OF THE
TONVN OF WEST SPRINGFIELD.
Be it enacted, etc., as follows:
Notwithstanding the provisions of any general or special law to the
contrary, there shall be placed upon the official ballot to be used for
the election of town officers at the next annual town meeting in the
town of AVest Springfield the following question: — "Shall the town of
"West Springfield accept the provisions of section HID of chapter 41
of the General Laws which, if accepted, will provide that vacations
without loss of pay may be granted to all members of its regular police
or fire force, said vacations to be computed in the following manner:
For five years' service, but less than ten years' service, a vacation
of three weeks. For ten years' service or more, a vacation of four
weeks ? " If a majority of the votes in answer to said question is in the
affirmative, then said provisions shall take effect in said town, but not
otherwise. Approved February 5, 1959.
Chap. 17. An Act providing for withholding of taxes on wages
AND declaration OF ESTIMATED INCOME TAX.
Whereas, The deferred operation of this act would tend to defeat its
purpose, which is in part to provide forthwith for the withholding of
taxes upon wages on and after February fifteenth in the current year
as provided herein, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public con-
venience.
Be it enacted, etc.. as follows:
Section 1. The General Laws are hereby amended by inserting
after chapter 62A the following chapter: — ■
Chapter 62B.
WITHHOLDING OF TAXES ON WAGES AND
DECLARATION OF ESTIMATED INCOME TAX.
Section 1. The following words as used in this chapter shall, unless
14 Acts, 1959. — Chap. 17.
the context otherwise requires, have the following meanings : —
"Commission", the state tax commission.
"Commissioner", the commissioner of corporations and taxation.
"Internal Kevenue Code", the Internal lievenue Code of the United
States as amended and in effect January first, nineteen hundred and
fifty-nine ;
"Employer", employer as defined in section thirty-four hundred
and one (d) of the Internal Revenue Code;
"Employee", employee as defined in section thirty-four hundred
and one (c) of the Internal Revenue Code, except full-time students
engaged in seasonal or temporary employment whose estimated annual
income would not exceed two thousand dollars;
"Wages", wages as defined in section thirty-four hundred and one
(a) of the Internal Revenue Code.
WITHHOLDING OF TAXES ON WAGES.
Section 2. Every employer making i)ayment to employees on or
after February fifteenth, nineteen hundred and fifty-nine, of wages
subject to tax under chapter sixty-two shall deduct and withhold a tax
upon such wages in accordance with tables i)rei)ared by the conmiis-
sioner, with the approval of the commission, which tax so withheld
shall be substantially equivalent to the tax imposed by said chapter
sixty-two and any taxes in addition thereto. The commissioner may
permit the use of accounting machines to calculate the proper amount
to be deducted and withheld from such wages; provided, that such cal-
culation produces substantially the tax required by said tables.
If wages are paid with respect to a period w^hicli is not a pay-roll
period, the amount to be deducted and withheld shall be that applicable
in the case of a miscellaneous pay-roll period containing a number of
days, including Sundays and holidays, equal to the number of days in
the period with respect to which such wages are paid. In any ease iu
which wages are paid by an employer without regard to any pay-roll
period or other period, the amount to be deducted and withheld shall
be that api)licable in the case of a miscelUineous pay-roll period con-
taining a number of days equal to the number of days, including Sun-
days and holidays, which have elapsed since the date of the last pay-
ment of sucli wages by such employer during the calendar year, or the
date of commencement of employment with such employer during such
year, or Jaimary first of such year, whichever is the later.
■In determining the amount to be deducted and withheld under this
section, the wages may, at the election of the employer, be computed
to the nearest dollar.
The commission may, by regulation, authorize employers to estimate
the wages which will be paid to any employee in any quarter of the
calendar year, to determine the amount to be deducted and Avithheld
upon each payment of wages to such employee during such quarter as
if the appropriate average of the wages so estimated constituted the
actual wages paid, and to dedttct and withhold upon any payment of
wages to sucli emj)loyee during stich qtiarter such amount as may be
necessary to adjust tlie amount actually dediu'ted and withheld u])on
tlie wages of such employee during such quarter to the amount tliat
Acts, 1959. — Chap. 17. 15
would be rt'(|uii'0(l to he dcdnrivd aiul wilhlield during such (quarter if
the pay-roll poi-iud of the eiu])loyee was (luarlerly.
Tlie eoinniissiou may i)rovide by regulation, under such conditions
and to such extent as it deems proper, for withholding in addition to
that otherwise required under this section in cases in which the em-
ployer and the employee agree to such additional withholding. Such
additional withholding shall for all purposes be considered a tax re-
quired to be dechu'ted and withheld under this chapter.
Section 3. If the remuneration paid by an employer to an em-
ployee for services performed during one half or more of any pay-roll
])eriod of not more than thirty-one consecutive days constitute wages,
all the remuneration paid by such em])loyer to such employee for siuch
period shall be deemed to be wages; but if the remuneration paid by
an employer to an employee for services performed during more than
one half of any such pay-roll period does not constitute wages, then
none of the remuneration paid by such employer to such employee for
such period shall be deemed to be wages.
Section 4. (a) Every employee, on or before February fourteenth,
nineteen hundred and fifty-nine, or before the date of commencement
of employment, Avhichever is later, shall furnish his employer with a
signed withholding exemption and deduction certificate setting out the
number of dependencj'^ deductions which he claims, which shall in no
event exceed the number to which he is entitled under clause (/i) of
section six of chapter sixty-two plus one for his own personal exemp-
tion under clause (&) of section five of chapter sixty-two. The term
"dependency deductions" as used in this chapter, shall include a de-
duction for a spouse meeting the requirements of said clause {h). If
any employee fails to furnish such signed certificate, the number of his
withholding exemptions and deductions shall be considered to be zero.
[b) Withholding exemption and deduction certificates shall take
effect as of the beginning of the first pay-roll period ending, or as of
the time of the fir.st payment of w'ages made without regard to pay-roll
period, on or after the date on which such certificate is so furjiished;
provided, that certificates furnished before February fourteenth, nine-
teen hundred and fifty-nine, shall be considered as furnished on that
date. Each such certificate shall continue in effect with respect to the
employer to whom it was submitted until another such certificate shall
take effect under this paragraph. If a withholding exemption and
deduction certificate is furnished to take the place of an existing cer-
tificate, the employer maj^ at his option, continue the old certificate in
force with respect to all wages paid on or before the first status deter-
mination date which occurs at least tliirty days after the date on which
such new certificate is furnished. For the purpose of this paragraph,
the term "status determination date" means January first and July
first of each year.
(c) If, on any day during any calendar year, the number of de-
pendency deductions to which the employee is entitled is less than the
number of dependency deductions claimed by the employee on the
withholding exemption and deduction certificate then in effect with
respect to him, the employee shall, within ten days thereafter, furnish
the employer w^ith a new withholding exemption and deduction cer-
tificate relating the number of dependency deductions which the em-
16 Acts, 1959. — Chap. 17.
ployee then claims, which shall in no event exceed the number to which
lie is entitled on such day. If, on any daj'' during any calendar year,
the number of dependency deductions to which the employee is entitled
is greater than the number of dependency deductions claimed, the em-
ployee may furnish the employer witli a new withholding exemption
and deduction certificate relating to the number of dependency deduc-
tions which the employee then claims which shall in no event exceed the
number to which he is entitled on such day.
(d) If, on any day during any calendar year, the number of de-
l^endency deductions to which the employee may reasonably be ex-
pected to be entitled at the beginning of the next calendar year is
different from the number of dependency deductions to which the
employee is entitled on such day, the employee shall in such cases and
at such times as the connnission may by regulation prescribe, furnish
the employer M'ith a withholding exemption and deduction certificate
relating to the number of dependency deductions which he claims with
respect to such next calendar year, which shall in no event exceed the
numl)er to which he may reasonably be expected to be so entitled.
Withholding exemption and deduction certificates issued pursuant to
tliis paragraph shall not take effect with respect to any payment of
wages made in the calendar year in which the certificate is furnished.
(c) Withliolding exemption and deduction certificates shall be in
such form and contain such information as the commissioner shall,
with the approval of the commission, prescribe.
Section 5. Every employer required to deduct and withhold taxes
under section two shall, for the quarterly period beginning January
first, nineteen hundred and fifty-nine, and for each quarterly period
thereafter, on or before the last day of the month following the close
of each such quarterly ]ieriod, pay over the tax so withheld to the
connnissioner, and shall file a return Avith each such payment. Such
return shall be in such form as the commissioner shall, with the ap-
proval of the commission, prescribe.
The commission shall authorize every employer who has complied
with all the requirements of this chapter and all pertinent regulations
l)romulgated by it thereunder to retain from each payment required to
be made by him under the foregoing ]n-ovisions of this section as com-
pensation for services rendered in compliance with this chapter, such
amount not less than one half of one per cent nor more than three per
cent of such payment as the commission shall by regulation prescribe.
Every employer required to deduct atid withhold from an employee
a tax under section two or who would have been required under said
section to deduct and withhold a tax if the employee had not claimed
any personal exemption or dependency deductions shall furnish to
each such employee in respect of the wages paid by such employer to
such employee during the calendar 3'ear, on or before January thirty-
first of the succeeding year, or, if his em|)loyment is terminated before
the close of! such calendar year, within thirty days from the day on
which the last payment of wages is made, a written statement in dupli-
cate showing the name of the employer, the name of the emjiloyee and
his social security account number, if any, the total amount of wages
subject to taxation under chapter sixty-two. and the total amount
deducted ajid withhehl ;is tax. Said statement mav contain such other
Acts, 1959. — (/ha i'. IT. 17
iiiloi-iiiat ion ;is llic ((iiiitnissioiu'r, willi the approval of llir coiiiiiiissioii,
may prcscrilii*. Tlio roimnissioii may l)y rcj^ulat ion iJi-cscribc llial uiie
oL the copies of such stateinoiit may coustitutc the return fccpiired to
he math' in resix'ct o\' such wa^es uiuhu- section lour of chapter sixty-
two A.
Tlie commissioner may ^raiit reasonable extensions of time, not ex-
ceodinjr sixty (hiys. for the filinj:; of returns and statemtMits retpured
under this section.
if the commissioner, in any ease, has reason to believe that tlie col-
lection of the tax i)rovided for in section two is in jeopardy, he nuiy
reipiire the emjiloyci- lo lile a return aiul pay the tax at any time.
Every emi)l()yer wiio fails to withhold or pay to the commissioner
any sums retjuired by this chapter to be withheld or paid shall be per-
sonally and individually liable therefor to the commonwealth. The
term "employer", as used in this parajjraph and in section eleven, in-
cludes an oflicer or employee of a corjjoration, or a member or em-
l)loyee of a partnership, who as such officer, employee or member is
under a duty to withhold aiul pay over taxes in accordance with this
section and section two. Any sum or sums withheld in accordance
with the lu-ovisions of section two shall be deemed to be held in trust
for the cominouAvealth.
If an employer iu violation of the jirovisions of this chapter fails to
withhold the tax in accordance with section two, and thereafter the
tax ajrainst which such tax may be credited, pursuant to section nine,
is paid, the tax so required to be withheld shall not be collected from
the employer; but this paragraph shall in no case relieve the employer
fi-om liability for any penalties or addition to the tax otherwise ap-
plicable in respect of snch failure to withhold.
Section 6. In the event an employer fails to withhold and pay over
to the commissioner any amount re(jnired to be withheld under sec-
tion two, such amount may be assessed against such emplo.yer in the
same manner as is prescribed for the assessment of income tax under
the i)rovisions of sections thirt.y-five to thirty-seven, inclusive, of chap-
ter sixty-two. The commissioner shall collect the amounts so re(iuired
to be withheld and paid over and also the penalties prescribed in sec-
tion eleven of this chapter in the manner provided in section thirty-
nine of said chapter sixty-two for the collection of income taxes. He
shall have the same remedies for the collection of said amounts and
penalties as are provided in section forty-one of said chai)ter sixty-two
for the collection of income taxes, and in addition shall have a lien
uj)on all of the property of any employer who fails to withhold or pay
over sums required to be withheld under section two of this chapter.
Assessments remaining unpaid after the date upon which the same
are required to be paid shall bear interest at the rate of six per cent
per annum which shall be added to and become a part of the tax
assessed.
Section 7. (a) Whenever any emjiloyer fails to deduct and with-
hold taxes, file returns relating thereto, or pay over such taxes to the
connnissioner at the time and in the manner prescribed by this chapter
or by any regulation issued hereunder, and is notified, by notice de-
livered in hand to such employer, of any such failure, then all the
requirements of paragraph (h) shall be complied with. In the case of
18 Acts, 1959. — Chap. 17.
a corporation, partnership or trust, notice delivered in hand to an
officer, partner or trustee, shall, for the purposes of this section, be
deemed to be notice delivered in hand to such corporation, partnership
or trust and to all officers, partners, trustees and einplo3'ees thereof.
{b) Any employer who is required by this chai)ter to deduct and
withhold taxes, file returns relating thereto and pay over such taxes
to the commissioner, if notice has been delivered to such employer in
accordance with paragraph (a), shall withhold the taxes required by
section two to be withheld after the delivery of such notice, and, not
later than the end of the second banking day after any amount of such
taxes is withheld, deposit the same in a separate account in a national
bank doing business in the commonwealth or in a trust company char-
tered by the commonwealth, and shall keep the amount of such taxes
so withheld in such account until iniyment over to the commissioner.
Any such account shall be designated as a special fund in trust for the
commonwealth, payable to the commonwealth by such employer as
trustee.
(c) Whenever the commissioner is satisfied, with respect to any noti-
fication made under paragraph (a), that all the requirements of this
chapter and the regulations thereunder will thereafter be complied
with, he may cancel such iiotification. Such cancellation shall take
effect at such time as is specified in the notice of such cancellation.
(d) Any emploj'cr who fails to comply with any provisions of para-
graph (h) shall, in addition to any other penalties provided by law, be
punished by a fine of not less than one hundred nor more than five
thousand dollars, or by imprisonment for not more than one year, or
both.
(e) This section shall not applj' to any employer who shows that
there was reasonable doubt as to whether the law required the with-
holding of tax, or as to who was re(iuircd by law to withhold the tax,
and shall not apply to any employer who shows that his failure to
comply with the provisions of paragraph {h) was due to circum-
stances beyond his control. For the purposes of the preceding sen-
tence, a lack of funds existing innnediately after the paj^ment of wages,
whether or not created b}^ the payment of such wages, shall not be con-
sidered to be circumstances beyond the control of an employer.
Section 8. When an employer believes that he has made an over-
payment of the tax required to be paid under section five, he may file
an application Avith the commission on a form approved by it either to
have the amount of such overpayment refunded to him, or to have the
same credited against the payment which he is required to make for a
subsequent quarterly period, but such refund or credit sliall be made
to the employer only to the extent that the amount of such overjiay-
ment was not witlilield under section two by the employer. Applica-
tion for such refund or credit must be filed with the commission within
two years from the date on which sueh overi)ayment was made. The
commission shall notify the applicant by certified mail of its decision
upon any such application. Any employer aggrieved by the refusal of
tlie coiinnission to refund in accordance with an ai)plication duly filed
by him may ai)peal in the manner j)rovided in section forty-five of
chapter sixty-two. Any refund whether made as a result of the de-
cision of the commission or of the appellate tax board shall be repaid
Acts, 1959. — Chap. 17. 19
to the iMiiploNt'i- by llu' slali' tiH-asurcr with iutiM-cst llu'reou at three
per cent per amiuin from the titiic when it was i)aid. The eonuuission
shall by regulation prescribe the proeedure to be followed by an em-
ployer electing to have sueh an overpayment credited.
Section 9. The amount deducted and withheld as tax under section
two during any calendar year upon the wages of any employee shall be
allowed as a credit to the recipient of the income against the tax im-
posed thereon. If more tlian one taxable year begins in such calendar
year, such amount shall be allowed as a credit against the tax for the
last year so beginning.
Section 10. An employer shall be liable for the payment of the tax
required to be wilhlield under section two, and shall not be liable, ex-
cept as provided in section five, to any person for the amount of any
such payment.
Section 11. (a) W an employer fails to {)ay over a tax within the
time prescribed by this chapter, unless it is shown to the satisfaction
of the connnissioner that such failure is due to reasonable cause and
not due to wilful neglect, there shall be imposed on such employer a
penalty of one per cent of the amount of the underpayment if the
failure is for not more than one month, with an additional one per ceut
for each additional month or fraction thereof during which such fail-
ure continues, not exceeding six per cent in the aggregate. Sueh pen-
alty shall be added to and become a part of the tax assessed. For
purposes of this paragrai)h, the term "underpayment" shall mean tlie
excess of the amount of the tax required to be paid over the amount
thereof actually paid on or before the date prescribed therefor.
(h) If an employer fails to file a return within the time prescribed
by this chapter, including reasonable extensions of time therefor, un-
less it is shown that such failure is due to reasonable cause and not
due to wilful neglect, there shall be imposed on him a penalty equal to
five per cent of the amount of the tax which should have been shown
on such return if such failure is for not more than one month, -with an
additional five per cent for each additional month or fraction thereof
during w'liich such failure continues, not exceeding twenty-five per
cent in the aggregate. Such penalty shall be added to and become a
part of the tax assessed. The amount of tax required to be shown on
the return shall be reduced by the amount of any part of the tax which
is paid on or before the date prescribed for payment of the tax and
by the amount of any credit against the tax w^hich may be claimed in
the return.
(c) An employer who is required under the provisions of section
five to furnish a statement to an emploj'ee, and who wilfully fails to
furnish the statement required by said section, shall, for each such
offence be subject to a penalty of fifty dollars payable to the commis-
sioner as hereinafter provided, and shall be punished by a fine of not
more than one thousand dollars, or by imprisonment for not more than
one year, or both.
(d) An employee who wilfully furnishes his emi)loyer with a false
or fraudulent withholding exemption and deduction certificate or who
wilfully fails to supply a new certificate to his employer which would
increase the tax to be withheld from him shall be subject to a penalty
20 Acts, 1959. — Chap. 17.
of fifty dollars payable to the commissioner as hereinafter provided,
and shall be punished by a fine of not more than five hundred dollars
or by imprisonment for not more than one year, or both.
(e) Anj^ penalties imposed by this section shall be collected by the
commissioner in the manner provided in section thirty-nine of chap-
ter sixty-two for the collection of income taxes, and he shall have the
same remedies for the collection of said penalties as are provided in
section forty-one of said chapter sixty-two for the collection of income
taxes. Any person who believes that a penalty has been improperly
imposed upon him shall have the remedies provided in sections forty-
three and forty-five of said chapter sixty-two for the abatement of
income taxes.
ISection 12. All taxes deducted and withheld by an emi)loyer and
l)aid over to the connnissioner pursuant to section five shall be deemed
and credited as payments on account of the tax imposed on income for
the taxable year under chapter sixty-two, or chapter sixty-two A,
whichever is applicable, and any taxes in addition thereto.
DECLARATION OF ESTIMATED INCOME TAX.
Section 13. Every taxpayer who in any taxable year commencing
after December thirty-first, nineteen hundred and fifty-eight can
reasonably expect to receive income in excess of one hundred dollars
taxable under chapter sixty-two or sixty-two A from sources other
than wages upon which a tax is recpiired to be withheld under section
two shall file a declaration of his estimated tax for such year.
In said declaration the taxpayer shall state —
(a) The amount which he estimates as the tax due under chapter
sixty-two and any taxes in addition thereto, with respect to the taxable
year ;
(6) The amount which he estimates as the credits to which he will
be entitled under section nine for taxes withheld during the taxable
year ;
(c) The excess of (a) over {h), which for the purposes of this chap-
ter shall be considered the estimated tax for the taxable year ; and
{d) Such other information as the commissioner may, with the ap-
proval of the commission, prescribe.
Said declaration shall be filed on or before April fifteenth of the
taxable year, excei)t that if the requirements of the first paragraph of
this section are first met — ■
{i) After April first and before June second, the declaration shall
be filed on or before June fifteenth ; or
(m) After June first and before September second, the declaration
shall be filed on or before September fifteenth ; or
{Hi) After September first, the declaration shall be filed on or before
January fifteenth of the succeeding year.
The commission shall promulgate regulations governing reasonable
extensions of time for filing declarations and paying the estimated
tax; {)rovided, however, that no such extension shall be for more than
six months except in the case of taxpayers who are outside of the
United States.
A taxpayer may make amendments to any declaration of estimated
tax uiidoi- regulations prescribed by the comniission.
Acts, 1959. — Chap. 17. 21
If oil or l)ft'oiH> .lamiary t liirty-lii'st of tlie siR'eeeding year, tlio tax-
payer liU's a rctuni for tlu' year Vor which the dcehiratioii is re((uired
ami pays in full the aiiiounl coinijuted on tlie return as i)ayal)h% tlien,
under reji-nlations prescribed liy the cotnnussion, if the declaration is
not re(iuired to be tiled durin-,' the taxable year but is required to be
filed on or before January fifteentii, such return shall, for the purposes
of this section, be considered as such declaration. If the tax shown on
ihe return, reduced by the credits permitted under section nine, is
jrreater than the estimated tax shown in a declaration ])rcvionsly made;
ov in the last amendment thereof, such return shall, for the purposes
of this section, be considered as the amendment of the de(darati()n ])er-
mitted by this section to be filed on or before January fifteenth.
In the case of a husl)and and wife, a single declaration of esti-
matet! tax may be made by them jointly, in which case the liability with
respect to the estimated tax shall be .ioint and several. No joint
declaration may be made unless the husband and wife are married at
the time when the declaration is due and not separated by a decree of
divoi-ce or se])arate maintenance. If a joint declaration is made but
a joint return is not made for the taxable year, the estimated tax for
such year may be treated as the estimated tax of either the husband or
the wife, or may be divided between them.
Section 14. The estimated tax declared under section thirteeii shall
be i)aid as follows: —
(a) If the declaration is filed on or before April fifteenth of the
taxable year, the estimated tax shall be paid in four ecjual installments.
The flr.st installment shall be. paid at the time of the filing of the
declaration, and thereafter, the second on June fifteenth and the third
on September fifteenth of the taxable j^ear, and the fourth on January
fifteenth of the succeeding taxable year.
(6) If the declaration is filed after April fifteenth and not after
June fifteenth of the taxable year and is not re(iuired by section thir-
teen to be filed on or before A]n-il fifteenth of the taxable year, the
estimated tax shall be paid in three equal installments. The first in-
stallment shall be paid at the time of the filing of the declaration, the
second on September fifteenth of the taxable year and the third on
January fifteenth of the succeeding taxable year.
(c) If the declaration is filed after June fifteenth and not after
September fifteenth of the taxable year and is not required by section
thirteen to be filed on or before June fifteenth of the taxable year, the
estimated tax shall be paid in two equal installments. The first install-
ment shall be paid at the time of the filing of the declaratioii and the
second on January fifteenth of the succeeding taxable year.
(d) If the declaration is filed after September fifteenth of the tax-
able year, and is not required by section thirteen to be filed on or be-
fore September fifteenth of the taxable year, the estimated tax shall be
paid in full at the time of the filing of the declaration.
(e) If the declaration is filed after the time prescribed in section
thirteen including extensions of time for such filing, paragraphs {h),
(c) and (d) shall not apply, and there shall be ])aid at the time of such
filing all installments of estimated tax which would have been payable
on or before such time if the declaration had been filed within the time
prescribed in section thirteen and the remaining installments shall be
22 Acts, 19r)9. — Cttap. 17.
paid at the times at which, and in the amounts in which, they would
have been payable if the declaration had been so filed.
(/) If any amendment of a declaration is filed, the remaining install-
ments, if any, shall be ratably increased or decreased as the case may
be, to reflect the respective increase or decrease in the estimated tax by
reason of such amendment and if any amendment is made after Septem-
ber fifteenth of the taxable year any increase in the estimated tax by
reason thereof shall be paid at the time of making such amendment.
(g) At the election of the taxpayer, any installment of the estimated
tax may be paid prior to the date prescribed for its payment.
The application of this section to deceased persons and to other tax-
payers having taxable years of less than twelve months shall be in
accordance with regulations prescribed by the commission.
Section 15. In the case of a taxpayer whose estimated gross income
from farming for the taxable year is at least two thirds of his total
gross income from all sources for the taxable year, in lieu of the time
prescribed in section thirteen, the declaration for the taxable year may
be made at any time on or before January fifteenth of the succeeding
year. If such taxpayer makes a declaration of estimated tax after
September fifteenth of the taxable year and on or before January
fifteenth of the succeeding year, the estimated tax shall be paid in full
at the time of the filing of the declaration.
Section 16. In the application of sections thirteen, fourteen and
fifteen to taxpayers reporting on a fiscal year basis, there shall be sub-
stituted for the months specified therein, the months corresponding
thereto in accordance with regulations prescribed by the commission.
Section 17. All payments of estimated tax made by any taxpayer
pursuant to section fourteen shall be deemed and credited as payments
on account of the tax imposed on income for the taxable year under
chapter sixty-two or sixty-two A, as the ease may be, and any taxes in
addition thereto.
Section 18. (a) In the case of any under-payment of estimated tax,
except as provided in paragraph (&), there shall be added to the tax
due under chapter sixty-two, and any taxes in addition thereto for the
taxable year, an amount determined at the rate of six per cent per
annum upon the amount of the under-payment for the period of under-
payment. For the purposes of this paragraph, "the amount of the
under-payment" shall be the excess of the amount of the installment
which would be required to be paid if the estimated tax were equal to
seventy per cent, or sixty-six and two thirds per cent in the case of a
farmer referred to in section fifteen, of the tax shown on the return
for the taxable year, or, if no return w^as filed, seventy per cent or
sixty-six and two thirds per cent, as the case may be, of the tax for
such year, over the amount, if any, of the installment paid on or before
the last date prescribed for such payment. For the purposes of this
paragraph, "the period of under-payment" is the period from the date
the installment was required to be paid to the fifteenth day of the
fourth month following the close of the taxable year, or with respect to
any portion of the under-payment, to the date on which such portion is
paid, whichever is the earlier. A payment of estimated tax on any
installment date shall be considered a payment of any previous install-
Acts, 1959. — ('iial>. 17. 23
moiit only to the extent that such payment exeeeds the amount of the
installment for siu-h installment date.
{b) Notwithstanding the provisions of i)arajxrapli (a), the addition
to the tax with respeet to any under-payment of any installment shall
not be imjiosed if the total amount of all payments of estimated tax
made on or before the last date preseribed for the payment of such
installment equals or exceeds whichever of the followinn; is the lesser—
(1) the amount which would have been required to be paid on or
before such date if tlie estimated tax were whichever of tiie following
is the lesser —
(i) the tax shown on the return of the taxpayer for the preceding
taxable year, if a return showing a liabilitj^ for tax was filed by the
taxpayer for the preceding taxable year and such preceding year V(^as
a taxable year of twelve months, or
(ii) an amount equal to the tax computed, at the rates applicable to
the taxable year, on the basis of the taxpayer's status with respect to
his personal exemption under clause (&) of section five and deductions
for spouse and dependents under clause (/;) of section six of chapter
sixty-two for the taxable year, but otherwise on the basis of the facts
shown on his return for, and the law applicable to, the preceding
taxable year, or
(2) an amount equal to ninety per cent of the tax computed, at the
rates applicable to the taxable year, on the basis of the actual taxable
income for the months in the taxable year ending before the month in
which the installment is required to be paid.
(c) For the purposes of applying this section the estimated tax
shall be computed without any reduction for the amount which the
individual estimates as his credit under section nine, and the amount
of the credit alloAved under said section nine for the taxable year shall
be deemed a payment of estimated tax, and an equal j^art of such
amount shall be deemed paid on each installment date, determined
under section fourteen for such taxable year, unless the taxpayer estab-
lishes the dates on which all amounts were actually withheld, in which
case the amounts so withheld shall be deemed payments of estimated
tax on the dates on which such amounts were actually withheld.
(d) For the purposes of paragraphs (a) and (&), the term "tax"
means the tax imposed by chapter sixty-two and any taxes in addition
thereto, reduced by the credit against tax allowed by section six A of
said chapter.
Section 19. An}' addition of tax provided for under section eight-
een shall be collected hy the commissioner in the manner provided in
section thirty-nine of chapter sixty-two for the collection of income
taxes, and he shall have the same remedies for the collection of said
amounts as are provided in section forty-one of said chapter sixty-two.
Section 20. Any person aggrieved b}^ the action of the commis-
sioner in collecting any additioii to tax under section eighteen shall
have the remedies provided in sections forty-three and forty-five of
chapter sixty-two for the abatement of income taxes.
Section 21. The administration of this chapter is vested in the com-
missioner. All forms necessary and proper for the enforcement of
this chapter shall be prescribed and furnished by the commissioner
with the approval of the state tax commission. The state tax comrais-
24 Acts, 1959. — Chap. 18.
sioii iiiMv pi-(^s('ril)(' i-ctiiiljitions and niliivjs. not inconsistont with law,
to carry into ofTcet the provisions of this chapter, which rejriilations
and rnlin<:s, when reasonably desi^-ned to carry out the intent and
purposes of this chapter, shall be prima facie evidence of its proper
interpretation.
Section 2. Chapter 62 of the General Laws is hereby amended by
strikinff out section 43, as most recently amended by chapter 545 of the
acts of 1955, and insertinp- in place thereof the following section: —
Section 43. Any jierson who believes that he has been over-assessed
on or has over-paid any tax imposed by this chapter may apply in
writinj; to the state tax commission, hereinafter called the commission,
on a form prescribed by it, for an abatement of any such over-a.ssess-
ment or over-payment at any time within three years from the last day
for filing- the return required by this chapter or within one year after
the date of such over-assessment or over-payment, whichever occurs
later. If after hearinji', or othei'wise, the commission finds that the tax
assessed or paid exceeds the tax due it shall abate such excess. If there
has been an over-jniyment. the state treasurer shall refund the same
with interest thereon at the i-ate of three per cent per annum from the
time it Avas paid, excei)t that to the extent that an over-payment arises
from the fact that the total of the credit allowed under section nine of
(diapter sixty-two B and the ag-gregate payments on account of the
declaration of estimated tax pursuant to said chapter sixty-two B
exceeds the tax imposed by this chapter, interest shall be paid from a
date six months after the date ui)on which the return for the taxable
year was due to be filed and except that no interest shall be paid in the
case of an over-payment arising from the fact that an employee has
understated in tlie withholding exemption and deduction certificate
filed by him pursuant to section four (a) of chapter sixty-two B the
number of dependency deductions, as therein defined, to which he was
entithnl or has failed to claim a personal exemption. The commission
shall notify the ajiplicant by certified iiuiil of its decision upon the
application for abatement.
Section 'S. Notwithstanding the provisions of section eighteen of
chapter fifty-eight of the General Laws, or any other provision of law
to the contrary, all i)aynieuts on account of taxes on incomes under
chapter sixty-two of the General Laws collected by the commonwealth
during the fiscal year nineteen hundred and fifty-nine pursuant to
chapter sixty-two B of the General Laws, inserted by section one of
this act, shall be retained by the commonwealth.
Approved Fchnianj (1, 1939.
Chap. 18. An Act to provide for the determining of ties in the
ELECTION OF TOWN MEETING MEMBERS IN THE TOWN OF
LEXINGTON.
Be it enacted, etc., as follows:
Section 1. Section 2 of chapter 215 of the ads of 11)2!) is hereby
amended by sti-iUing out the fourth sentence, inserted by section 1 of
chapter 442 of the acts of 1956, and inserting in place thereof the fol-
lowing two sentences : — Such vacancy or vacancies shall be filled, in the
Acts, 15)59. — CHArs. 11), :>(), 1>1. 25
oriloi' of voles fci'civctl at cadi annual town election. I'roMi anion;,' tliosc
candidates in tlicii' respect ivt' pi-ccincts who fail of election to a tci-ni
of tlli'cc ViNirs. and in tlie case of a tie V(tte alT'eclinjx tile division be-
tween tlios(^ elected I'or tlii-ee year or olliei- tet-ms and those elected fof
shoiter terms, the ineinhei-s eh'cted ffom the |H'ecinct shad liy ballot
deterndne the same. .MeetinL.'s of memhers elected from tin' i)recinct
shall, for the purpose of deteninnin|_' su(di ties, be called and held as
set forth in sectiou seven.
Skction 2. This act shall be submitted for acceptance to the
voters of said t0"\vu at the next animal town nieetinji' in the form of the
following question which shall be placed upon the official ballot to be
used for the election of town officials at said meeting': — "Shall an act
jiassed by the General Court in the year idneteen hundred and fifty-
nine entitled 'An Act to provide for the (leteriniiiin<:' of ties in the
eleetion of town meeting members in the town of Lexinfj-ton', be
accepted.'" If a majority of the votes in answer to said question is
in the affirmative, then this act shall therenpon take full effect, but
not otherwise. Approved Fehrnary 6, 1959.
Chap. 19. Ax Act reviving Kingston yacht club.
Be it enacted, etc., as follows:
Kinsrston Yacht Club, a corporation dissolved on March twenty-
sixth, nineteen hundred and forty-seven by decree of the supreme
judicial court, is hereby revived with the same powers, duties and
obligations as if said decree had not been entered; and all acts and
proceedings of the officers, directors and stockholders of said corpora-
tion acting as such wliich would have been legal and valid but for
said decree of dissolution are hereby ratified and confirmed.
Approved Fehrnary 6, 1959.
Chap. 20. An Act authorizing the franklin typographical so-
ciety TO HOLD ADDITIONAL PERSONAL ESTATE.
Be it enacted, etc., as follows:
The Franklin Typographical Society, incorporated by chapter
eighty-one of the acts of eighteen hundred and twentj^-four, is hereby
authorized to hold, for the purposes of the society, personal estate to
an amount not exceeding live hundred and fifty thousand dollars in
value. Approved Fehrnary 6, 1959.
Chap. 21. An Act providing for life tenure for elmer c. pease,
THE chief of police OF THE TOW^N OF PLAINVILLE.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Elmer C. Pease, incumbent of
the ofTice of chief of police in the town of Plainville shall, upon the
effective date of tliis act, be unlimited. Said incumbent shall not be
26 Acts, 1959. — Chaps. 22, 23.
removed from office, lowered in rank or suspended, except for just
cause and after hearing by the board of selectmen 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 to the
registered voters of said town at the annual town meeting 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 town at said
meeting: — "Shall an act passed by the General Court in the current
year entitled 'An Act providing for life tenure for Elmer C. Pease,
the chief of police of the town of Plainville', be accepted?" If a
majority of the votes in answer to said question is in the affirmative,
then this act shall thereupon take full elfect.
Approved February 10, 1959.
Chap. 22. An Act including federal savings and loan associa-
tions IN THE definition OF THE WORD "bANK" IN THE
UNIFORM GIFTS TO MINORS ACT.
Be it enacted, etc., as follows:
Section 1 of chapter 201A of the General Laws, as appearing in
chapter 724 of the acts of 1957, is hereby amended by striking out
clause (a) and inserting in place thereof the following clause: — (a)
"Bank", a trust company, national banking association, federal
savings and loan association, savings bank, co-operative bank or other
bank. Approved February 10, 1959.
Chap. 23. An Act placing the position of regular or permanent
member of the police depaktjient of the town of mill-
bury under the civil service laws.
Be it enacted, etc., as follows:
Section 1. The position of regular or permanent member of the
police department of the town of Millbury shall, upon the elfective
date of this act, become subject to the civil service laws and rules, and
the tenure of office of any incumbent thereof shall be unlimited, sub-
ject, however, to said laws. Each incumbent of said position 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 i)osition and shall be deemed to be permanently ap-
pointed tiiereto without being reciuired to serve any probationary
period.
Section 2. This act shall be submitted to the voters of said town at
the annual town meeting in the current year in the form of the follow-
ing 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-nine, en-
titled 'An Act placing the position of regular or permanent member of
the i^oliee department of tlie town of Millbnry under the civil service
Acts, 1959. — Chaps. 24, 25, 26. 27
laws' 1)0 accoptod ?" Tf a majority of the votes in answer to said ques-
tion is ill the aflinnative. then this act shall thereupon take full eO'cet,
but not otherwise. Approved February 10, 1959.
Chap. 24. An Act increasixg the amount of r'Koi'EUTy that may
BE HELD BY NORTHEASTERN UNIVERSITY.
Be it enacted, etc., as follows:
Chapter 134 of the acts of 1955 is hereby amended by striking out,
in line 3, the word "thirty" and inserting in place thereof the
word: — fifty, — so as to read as foUows: — Northeastern University, a
corporation organized under the general law, is hereby authorized to
hold real and personal estate to an amount not exceeding fifty million
dollars, to be used for the purposes of said corporation as set forth
in its charter or certificate of incorporation or in any amendment
thereof. Approved February 10, 1959.
Chap. 25. An Act authorizing the new England home for little
WANDERERS TO HOLD ADDITIONAL PROPERTY AND PROVIDING
FOR THE ELECTION OF MANAGERS AND MEMBERS.
Be it enacted, etc., as follows:
Section 1. Chapter 205 of the acts of 1889 is hereby amended by
striking out section 2 and inserting in place thereof the following
section : — Section 2. Said corporation may hold real and personal
estate to an amount not exceeding seven million five hundred thousand
dollars.
Section 2. Said chapter 205 is hereby further amended by strik-
ing out section 3 and inserting in place thereof the following
section : — Section 3. The number of managers shall be fixed from
time to time as may be provided in the by-laws of said corporation,
notwithstanding any special act or provision in the constitution of
said corporation.
Section 3. Said chapter 205 is hereby further amended by in-
serting after said section 3 the following section: — Section 3 A. The
members of the corporation shall be elected at each annual meeting
for such terms and in such numbers as the constitution and by-laws
may from time to time provide. Approved February 10, 1959.
Chap. 26. An Act providing life tenure for clement lambert, in-
cumbent OF THE OFFICE OF TAX COLLECTOR OF THE TOWN
OF UPTON.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Clement Lambert, the incumbent
of the office of tax collector of the town of Upton, shall be unlimited.
Said incumbent shall not be removed from office except for just cause
and for reasons specifically given hira in writing by the board of
28 Acts, 1959. — Chaps. 27, 28.
selectmen, iu tlio manner provided by section forty-three of chapter
tliirty-one of the General Laws.
Sectiox 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 sixty or nineteen hundred and sixty-one 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 meet-
ing: — "Shall an act passed by the General Court in the year nineteen
hundred and tifty-iiine entitled 'An Act providing life tenure for
Clement Lambert, incumbent of the office of tax collector of the town
of Upton', be accepted?" If a majority of votes in answer to said
question is in the affirmative, this act shall thereupon take full effect,
but not otherwise. Approved February 10, 1959.
Chap. 27. An Act further protkctixg the rights of persons
TAKING OR ENTITLED TO TAKE CIVIL SERVICE EXAMINATIONS.
Be it enacted, etc., as follows:
Section 11 of chapter 31 of the General Laws, as appearing in the
Tercentenary Edition, is hereby amended bj' striking out, in line 1, the
words "in the public service", — so as to read as follows: — Section 11.
No person shall wilfully and corruptly defeat, deceive or obstruct any
person as to his right of examination ; or wilfully or corruptly make
a false mark, grade, estimate or report on the examination or proper
standing of any person examined under this chapter, or wilfully or
corruptly make any false rei)resentation concerning the same or con-
cerning the person examined; or wilfully or corruptly furnish to any
one special or secret information, for the purpose of improving or
injuring the prospects or chances of appointment, employment or pro-
motion of any per.son so examined or to be examined.
Approved February 10, 1959.
Chap. 28. An Act to ascertain the will of the voters of the
TOWN of NATICK RELATIVE TO THE CONTINUANCE OR DIS-
CONTINUANCE OF KINDERGARTENS.
Be it enacted, etc., as follows :
Section 1. For the purpose of ascertaining the will of the voters
of the town of Natick with reference to the question of continuing or
discontinuing kindergartens in said town, there shall be placed ui)on
the official ballot to be used at the annual town election in said town in
the current year the following (juestioii: — "Shall kindergartens be
continued as a part of the public school s.ystem in the town of Natick?"
If a majority of the votes in answer to said question is in the affirma-
tive, it shall be deemed mid taken to be the will of the voters of said
town that kindergartens be continued, and if a majorit}' of said votes
is in the negative, it shall be deemed and taken to be tlie will of said
voters that kindergartens be discontinued.
Section 2. This act shall take elfect ujjou its passage.
Approved Fcbrunrij 11, 1959.
Acts, 1959. — Cum's. L>9, :^.(), M. 29
Chap. 29. An Act designatkn'o the imethopolitan district com-
mission ICE SKATING ARENA IN REVERE AS THE STAFF
SElUiEANT PAT'E W. CUOXIX :\IKMORIAE ARENA.
lie if enacted, etc., as follows:
Section 1. The metropolitan district coinniissioii ice skating arena
in Revere shall be known and designated as the Sta(? Sergeant Paul
W. C'ronin Memorial Arena. A suitable tablet or marker bearing said
designation shall be erected and maintained at said arena by the said
commission.
Section 2. This act shall take efTect ni)on its passage.
Approveel February 11, ID.iO.
Chap. 30. An Act reviving insurance rrokkrs association of
MASSACHUSETTS.
He it enacted, etc., as folloivs:
Insurance Brokers Association of Massachusetts, a coi-poi-atinn
dissolved on March twenty-six, nineteen hundred and forty-seven by
decree of the supreme judicial court for Suffolk county, is hereby
revived, with the same powers, duties and obligations as if said decree
had not been entered. Approved February 11, 1959.
Chap. 31. Ax Act to provide funds for state activities by con-
tin uevg certain taxes.
Whereas, The deferred operation of this act would tend to defeat its
purpose, which is to provide funds forthwith for state activities, there-
fore it is hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. There is hereby imposed upon all domestic manufac-
turing corporations, foreign manufacturing corporations, domestic
business corporations and foreign corporations, as defined in chapter
sixty-three of the General Laws, as amended, in addition to the taxes
levied under the provisions of sections thirty to fifty-one, inclusive, of
said chapter sixty-three and all acts in amendment thereof and in
addition thereto, and in addition to the taxes imposed upon such
cori)orations under section nine of chai)ter seven hundred and twenty-
nine of the acts of nineteen hundred and forty-one, an additional
excise tax ecpial to three per cent of the net income of each such corpo-
ration determined to be taxable in accordance with the provisions of
said chapter sixty-three; provided, that the tax imposed by this section
shall not apply to corporations taxable under section thirty-eight B of
said chapter sixty-three. All i)rovisions of law relative to the assess-
ment, payment, collection and abaleincnt of the taxes iin[)Osed under
said chajjter sixty-three ui)on corporations taxable hereunder shall
apply to the additional taxes herein im])osed. This section shall ai)iily
only to taxes levied in or on account of the calendar year nineteen
hundred and sixty and the months of January and February, nineteen
30 Acts, 1959. — Chap. 31.
hundred aud sixty-one. The surtaxes imposed under section nine of
chapter seven hundred and twenty-nine of the acts of nineteen hundred
and forty-one shall apply to the taxes imposed by this section.
Section 2. There is hereby imposed, in addition to the taxes levied
under subsection (h) of section five and subsection (c) of section
five A of chapter sixty-two of the General Laws, upon income derived
from professions, employments, trade or business, and all acts in
amendment thereof and in addition thereto, and in addition to any
surtaxes, an additional tax equal to one per cent of such income. All
provisions of law relative to the assessment, payment, collection and
abatement of the taxes imposed under said chapter sixty-two shall
apply to the additional taxes herein imposed. This section shall apply
only to income received in the calendar years nineteen hundred and
fifty-nine and nineteen hundred and sixty and the months of January
and February, nineteen hundred and sixty-one. The surtaxes imposed
under section nine of chapter seven hundred and twenty-nine of the
acts of nineteen hundred and forty-one shall apply to the taxes im-
posed by this section.
Section 3. There is hereby imposed in addition to the taxes levied
under subsection (c) of section five of chapter sixty-two of the General
Laws, upon the excess of gains over losses received by the taxpayer
from purchases or sales of intangible personal property, w'hether or
not said taxpayer is engaged in the business of dealing in such prop-
erty, and all acts in amendment thereof and in addition thereto, and
in addition to any surtaxes, an additional tax equal to three per cent
of such income. All provisions of law relative to the assessment, pay-
ment, collection and abatement of the taxes imposed under said chap-
ter sixty-two shall apply to the additional taxes herein imposed. This
section shall apply only to income received in the calendar years nine-
teen hundred and fifty-nine and nineteen hundred and sixty and the
months of January and February, nineteen hundred and sixty-one.
The surtaxes imposed under section nine of chapter seven hundred and
twenty-nine of the acts of nineteen hundred and forty-one shall apply
to the taxes imposed by this section.
Section 4. There is hereby imposed, in addition to the taxes levied
under the provisions of chapter sixty-two of the General Laws, and all
acts in amendment thereof and in addition thereto, and taxes levied
under the provisions of sections thirty to sixtj^ inclusive, of chapter
sixty-three of the General Laws, and all acts in amendment thereof and
in addition thereto, an additional tax equal to twenty per cent of the
taxes assessed under the provisions of said sections, acts and chapters
in or on account of the calendar year nineteen hundred and sixty and
the months of January and February, nineteen hundred and sixty-one,
and all provisions of law relative to the assessment, payment, collec-
tion and abatement of the said taxes shall apply to the taxes imposed
by this section. This additional tax shall apply also to taxes levied
under sections one, two and three of this act.
Section 5. All property subject to a legacy and succession tax
under the provisions of chapter sixty-five of the General Laws, and of
any further amendments thereof or additions thereto, shall be subject
to an additional tax of twenty per cent of all taxes imposed by said
provisions with respect to property or interests therein passing or
Acts, 1959. — Ch a i'. ;^,1. 31
ave'riiinj:: upon tlu' cleat li of j)i'rsoiis wlio dii'd during the; period be-
ginning January tirst, ninetpcu hundred and sixty and ending Feb-
ruary twenty-eighth, nineteen hundred and sixty-one. All provisions
of hiw relative to the determination, certification, payment, collection
and abatement of such legacy and succession taxes shall apply to the
additional taxes im])osed by this section.
Si'X'TiON 6. There is hei-eby imi)osed. in addition to the taxes levied
under the ju-ovisions of chapter sixt,y-three A of the (Jeneral Laws, and
all acts in amendment thereof and in addition thereto, an additional
tax equal to twenty per cent of the taxes assessed under the provisions
of said chapter and acts in or on account of the calendar year nineteen
hundred and sixty and the months of January and February, nineteen
liundi-ed and sixty-one, and all provisions of law relative to the assess-
ment, payment, collection and abatement of the said taxes shall apply
to the taxes imi)osed by this section.
Section 7. Notwithstanding the provisions of section two of chap-
ter sixty-three of the General Laws, as most recently amended by
section forty-nine of chapter six hundred and fifty-four of the acts of
nineteen hundred and fifty-three, every bank taxed thereunder shall
])ay a tax assessed in the calendar year nineteen hundred and sixty
and the months of January and February, nineteen hundred and sixty-
one, measured by its net income, as defined in section one of said
chapter sixty-three at the rate assessed upon other financial corpora-
tions; provided, that such rate shall not be higher than the highest
of the rates assessed upon mercantile and business corporations doing
business in the commonwealth, and provided, further, that such rates
shall not be higher than eight per cent. During the period that the
provisions of this section are in effect, trust companies having a sav-
ings department shall not be sub.ject to the excise imposed by section
eleven of said chapter sixty-three, nor to the requirements of sections
eleven to sixteen, inclusive, of said chapter sixty-three.
Section 8. Notwithstanding the provisions of section twenty-two of
chapter sixtj^-three of the General Laws, as most recently amended by
section one of chapter three hundred and eighty-.seven of the acts of
nineteen hundred and forty-six and in lieu thereof, every domestic
insurance company coming within the scope of the definition of a
domestic company in section one of chapter one hundred and seventy-
five of the General Laws, except life insurance companies with respect
to business taxable under section twenty, and marine, or fire and
marine, insurance companies with respect to business taxable under
section twenty-nine A, shall pay for the years nineteen hundred and
sixty and nineteen hundred and sixty-one, an excise of two per cent
upon the gross premiums for all policies written or renewed, all addi-
tional i)remiums charged, and all assessments made by such company
on ])olicyliolders during the preceding calendar year, exclusive of
reinsurance; but such premiums and assessments for policies written
or renewed for insurance, exclusive of reinsurance, of property or
interest in other states or countries where a tax is actually paid by
such company, or its agents, shall not be so taxed.
Section 9. If any part, section or subsection of this act or the
application thereof shall be held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not be construed to affect the
32 Acts, 1959. — Chap. 32
validity or constitutionality of any of the remaining provisions of said
sections or the ai)i)lieation of such jjrovisions to persons or circum-
stances otlier than tliose as to which it is hekl invalid. It is hereby
dechired to he the li-^nslalive intent that said sections would have been
adopted liad such invalid or unconstitutional provisions not been in-
cltuled therein.
Sectiox 10. Ill addition to the excise tax imposed bj" chapter sixty-
four C of the General Laws, and in addition to the additional excise
tax imposed bj^ section nine of chapter seven hundred and thirty-one
of the acts of nineteen hundred and forty-five, there is hereby imposed
a further additional excise tax of one mill for each cigarette sold, used,
received as gift or gifts, or tlirough exchange or barter in the com-
monwealth during the period beginning September first, nineteen
liundred and fifty-nine and ending Fel)ruary twenty-eighth, nineteen
hundred and sixty-one, the same to be levied and collected as provided
in said chapter sixty-four C, and the provisions of said chapter shall
apply to said further additional excise to the same extent as to the
normal excise levied thereunder. All the provisions of said chapter
sixty-four C relative to the collection, verification and administration
of the tax thereunder imposed shall, in so far as pertinent, be ap-
j)licable to the tax imposed by tliis act. All cigarette taxes paid in
I)ursuance of this act or of any general or special law shall conclu-
sively be presumed to be a direct tax on the retail consumer, pre-
collected for the purpose of convenience and facility only.
Section 11. There is hereby imposed an additional excise on the
sale of alcoholic beverages and alcohol, other than malt beverages, for
the period beginning July first, nineteen hundred and fifty-nine and
ending February twenty-eightli, nineteen hundred and sixty-one, as
follows :
For each wine gallon, or fractional i)art thereof, of still wine, other
than cider containing more than three per cent but not more thau six
per cent of alcohol as aforesaid, including vermouth, at the rate of
twenty cents per Avine gallon.
For each wine gallon, or fractional part thereof, of all other alcoholic
beverages containing twenty-four i)er cent or less of alcohol by volume
at sixty degrees Fahrenheit, at the rate of forty-five cents per wine
gallon.
For each wine gallon, or fractional i)art thereof, of all other alcoholic
beverages containing more than twenty-four per cent but not more
than fifty per cent of alcohol by volume at sixty degrees Fahrenheit,
at the rate of twenty-five cents i)er wine gallon.
For each proof gallon, or fractional part thereof, of all other alco-
holic beverages cotitaiiiing more than fifty per cent of alcohol by
volume at sixty degrees Fahrenheit, or aleoliul, at the rate of twenty-
five cents per |)r(i()f gallon. Approved Fchruanj 12, 1959.
Chap. 32. An Act continuing the temporary tax imposed by the
CO:\I.MONWEAI.TII ON AMOUNTS WAGERED AT CERTAIN HORSE
AND DOG RAriN(3 IVtEETINGS CONDUCTED UNDER THE PARI-
Ml'TUKL Oi; CKiniFICATE SYSTE^NI OP WAGERING.
Whereas, The deferred opei'ation of this act would tend to defeat its
j)urpose, which is to make available immediately revenue for the Gen-
Acts, 1959. — Chap. 33 33
eral Fund, llierefore it is hereby declared to be an emergeney law,
neeessary for the innnediate preservation oL" the i)ublie eonvenienee.
Be it enacted, etc., as follows:
In addition to any amount required to be withheld under the i)ro-
visions of section five of chapter one hundred and twenty-eight A of
the General Laws by a licensee conducting a horse or dog racing meet-
ing, such licensee sliall witliliold an amount equal to two per cent of
the total amount wagered on eacli day of such meeting cofiducted
iluring the years nineteen hundred and fifty-nine and nineteen hun-
dred and sixty, and shall pay the same to the state racing commission
on the day following. All receipts paid into the state treasury under
this act shall be credited to the General Fund, notwithstanding any
provision of section fifteen of said chajiter one hundred and twenty-
eight A to the contrary.
Approved Fehriiary 12, 1959.
Chap. 33. An Act authorizing the town of sandwich to restore
THE HOXIE HOUSE AND GRIST MILL, SO-CALLED, AND TO BOR-
ROW MONEY THEREFOR.
lie it enacted, etc., as follows:
Section 1. The town of Sandwich is hereby authorized to expend a
sum not exceeding one hundred thousand dollars for the restoration of
the Hoxie House and the Grist Mill, so-called, owned by said town.
Upon restoration said house and mill shall be preserved and main-
tained by said town as ancient landmarks, possessing historical and
antiquarian interest.
Section 2. For the purposes of this act, the town of Sandwich
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
tlie aggregate, seventy-five thousand dollars, and may issue bonds or
notes therefor, which shall bear on their face the words. Sandwich
Iloxie House and Grist Mill Restoration Loan, Act of 1959. 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 the statutory limit, but
shall, except as provided for herein, be subject to chapter forty-four
of the General Laws, inclusive of the limitation contained in the first
jiaragraph of section seven thereof.
Section 3. Notwithstanding any provision of law to the contrary,
the selectmen of said town shall deposit with the town treasurer all
)noneys received from admission fees charged visitors to the Hoxie
House and Grist Mill, so-called, from the sale of souvenirs and other
articles thereat, and such deposits shall be set up in a separate account
to be known as Receipts from Hoxie House and Grist Mill. Said fund
shall be held, subject to appropriation by the town meeting, for the
purpose of paying debt and interest charges incurred under this act
and for maintaining and operating the house and mill.
Section 4. Tiiis act shall take effect upon its passage.
Approved February 12, 1959.
34 Acts, 1959. — Chaps. 34, 35, 3G.
Chap. 34. An Act authorizing the town of Orleans to use the
PROCEEDS FROM THE SALE OF ITS HIGH SCHOOL TO DEFRAY
CERTAIN ANNUAL ASSESSMENTS LEVIED AGAINST IT BY THE
REGIONAL SCHOOL DISTRICT COMMITTEE.
Be it enacted, etc., as follows:
Section 1. The town of Orleans is hereby authorized to use the
proceeds from the sale of its high school to the regional school district
to meet in part the assessments levied annually against the town of
Orleans by the regional seliool district committee for capital costs.
Section 2. Tliis act sliall take effect upon its passage.
Approved February 13, 1959.
Chap. 35. An Act authorizing the town of Norwood to use a
portion of the unexpended balance of a water stand-
pipe LOAN FOR LAYING OF WATER MAINS.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of section twenty of
chapter fortj^-four of the General Laws, the town of Norwood is hereby
authorized to appropriate, for the purpose of laying water mains of not
less than six inches in diameter, the sum of ninety thousand dollars
from the balance remaining of a loan issued by said town under the
provisions of clause (4) of section eight of chapter forty-four of the
General Laws for constructing a standpipe.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1959.
Chap. 36. An Act authorizing the building and maintenance of
A RADIO broadcasting SYSTEM IN THE COUNTY OF HAMPDEN
TO AID IN FIRE PROTECTION.
Be it enacted, etc., as follows:
Section 1. Subject to appropriation, the county commissioners of
Hampden county are hereby authorized to expend such sums as may
be necessary, not exceeding seven thousand dollars, for the establish-
ment of a radio broadcasting system to aid in the fire protection of
said Hampden county. The broadcasting station and the transmittal
tower of said sj'stem shall be installed and located in such building
and in such area in Hampden county as the countj^ commissioners and
Fire Chiefs Association of said county may designate.
Section 2. Said broadcasting system shall be administered and
operated by the fire-fighting personnel of such city or town as may be
designated hy the county commissioners. The cost of their services
sliall l)c borne by the city or town so designated.
Section 3. Said county commissioners are hei-ebj' authorized to
expend such other sums as may be necessary, subject to approj)ria-
tion, for the maintenance and opei-ation of the aforesaid radio broad-
casting system other than personnel, and said expense shall be as-
sessed and collected against the cities and towns of said county in the
manner pi-ovided by law for the assessment and collection of the
county tax.
Acts, 1959. — CiiAPs. 31, 38, 39. 35
Skctiox 4. Nolwitlislandiii'j: \\\o pi-ovisioiis of seclioii oiu; of this
act, IK) appropriation of funds hy tiie coiuil.y of llHiii])deu for the pur-
j)ose of tliis act shall be made unless prior approval of the said project
is first obtained from the office of defense and civilian mobilization.
SiXTiox 5. This act shall take effect upon its passage.
Approved Fehniary 13, 1959.
Chap. 37. Ax Aot autmorizino the town of bourne to appropri-
ate :moxey in conxe(;tion wrrii the celei?ration of the
SENT^NTY-FIFTH ANNIVERSARY OF SAID TOWN 's INCORPORA-
TION.
/.'r (7 niaclrd, cfc., as foJhncs:
Sectiox 1. Xot\vithstandin<; the ))rovisions of clau.se (27) of sec-
tion five of chapter forty of Ibe (Jeneral Laws, the town of Bourne is
hereby authorized to aj>propriate a sum of money, not to exceed two
tliousand five hundred dollars, to 1)e expended for entertainment and
other events in connection with the proposed celebration of the seventy-
fifth anniversary of the incorporation of the town of Bourne. The
money so appropriated shall be disbursed under the direction of the
board of selectmen.
Section 2. Any action taken by a town meeting in the current
year pursuant to authority contained in section one of this act shall
be valid and effective as though this act were in effect at the time of
the posting of the warrant of said meeting.
Section 3. This act shall take effect upon its passage.
Approved February 13, 1959.
Chap. 38. An Act authorizing the town of pelham to appropri-
ate the balance remaining in the workmen's com-
pensation insurance fund to create a stabilization
FUND.
Be it enacled, etc., as follows:
Section 1. Notwithstanding the provisions of se(Mion thirteen A
of chapter forty of the General Laws, the town of Pelham is hereby
authorized to appropriate the balance remaining iu the workmen's
compensation insurance fund for the purpose of creating a stabiliza-
tion fund, in accordance with the provisions of section five B of said
chapter forty.
Section 2. This act shall take effect upon its passage.
Appraised Fehruary 13, 1959.
Chap. 39. An Act authorizing the town of marshfield to assess
betterments for public improvements on certain pub-
lic WAYS IN said town.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of sections one and two
of chapter eighty of the General Laws, assessments for betterments
36 Acts, 1959. — Chaps. 40, 41.
may be validly made by the town of Marshfield for the construction
of public improvements on Mayflower lane, Carr road, Woodlawn
circle, June street, Fifth road, Bradley street, Grasshopper lane and
Longview terrace, public ways in said town of ]\Iarshfield, as voted
at the annual town meeting of nineteen hundred and fifty-eight, which
construction Avas or will be completed during the calendar years nine-
teen hundred and fifty-eight and nineteen hundred and fifty-nine.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1959.
Chap. 40. An Act authorizing the placing under civil service
OF THE offices AND POSITIONS OF EMPLOYEES OF THE OF-
FICES OF THE TREASURER AND COLLECTOR OF TAXES OF THE
CITY OF LAWRENCE.
Be it enacted, etc., as follows:
Section 1. The offices and positions of all employees in the offices
of the treasurer and the collector of taxes of the city of Lawrence
shall, upon tlie effective date of this act, become subject to the civil
service laws, and the rules and regulations made thereunder. The
incumbent of every such office and position on said effective date shall
be subjected to a qualifying examination for such office or position by
the division of civil service. If such an incumbent passes said exami-
nation, he shall be certified for said office or position and shall be
deemed to be permanently appointed thereto without serving any pro-
bationary period, and his tenure of office shall be unlimited, subject,
however, to the provisions of said civil service laws. If such an incum-
bent does not pass such qualifjdng examination, he may continue to
serve in said office or position, but shall not be subject to the provisions
of said civil service laws.
Section 2. This act shall take full effect upon its acceptance by
vote of the city council of the city of Lawrence, subject to the provi-
sions of its charter, but not otherwise.
Approved February 13, 1959.
Chap. 41. An Act relative to the hunting of raccoons or opos-
sums.
Be it enacted, etc., as follows:
Section 53A of chapter 131 of the General Laws, as amended by
chapter 234 of the acts of 1950, is hereby further amended by striking
out, in lines 22 to 24, inclusive, the words " ; provided, that no firearm
other than a revolver or pistol not larger than thirty-eight calibre is
used or possessed" and inserting in place tliereof the words: — , pro-
vided that no firearm other than a rifle designed to discharge a twenty-
two calibre rim-fire cartridge or a revolver or pistol not larger than
thirty-eight calibre is used or possessed.
Approved February 13, 1959.
Acts, 1959. — Chaps. 42, 43. 37
Chap. 42. An Act autiiokizing the town of BioiiMONT to convey
A certain parcel, op land in said town or grant a lease
OR license I'^or the use tiiereoe to waverley post
:;i^l272, veterans op foreign wars of the united states.
I>c it enacted, etc., as follows:
Section 1. The town of Belmont is hereby authorized to convey a
certain parcel of land or grant a lease or license for the use thereof to
Waverley Post ^1272, Veterans of Foreifjn Wars of the TTiiited States,
for use as a recreational area and head(|uarters for said post, but for
no other purpose, for such period of time and upon such terms as the
board of selectmen shall determine, being a certain parcel of land now
forming a part of the Pequossette Playground in the town of Belmont,
said parcel being bounded and described as follows : Northeasterly by
the Southwesterly line of Trapelo Road, seventy-seven and 77/100
(77.77) feet; Southeasterly by land of the Town of Belmont and being
the line of an easement, as shown on a plan hereinafter mentioned, one
hundred thirteen and 92/100 (113.92) feet; Southwesterly by the re-
maining land of the Town of Belmont, shown on said plan as "Pequos-
sette Playground" one hundred and forty-three and 46/100 (143.46)
feet ; Northwesterly by said land of the Town of Belmont, as shown
on said plan, one hundred and fifteen and 76/100 (115.76) feet; con-
taining 12,168 square feet of land and being the parcel marked "A"
on a plan entitled "Plan Showing Subdivision of Land, Pequossette
Playground, Belmont, Mass." dated December 8, 1958, by Joseph W.
Kales, Town Engineer, a copy of Avhich plan is on file in the Town
Clerk's Ot^ce in the Town of 13elmont.
Section 2. This act shall take effect upon its acceptance by a
majority vote of the town meeting members voting thereon at the
annual town meeting of said town in the current year.
Approved February 13, 1959.
Chap. 43. An Act relative to the form of question to be used
BY cities and towns IN PLACING PROVISIONS OP THE GEN-
ERAL LAWS ON THE BALLOT FOR ACCEPTANCE BY' THE VOTERS.
Be it enacted, etc., as follows:
Section 58A of chapter 54 of the General Laws, added by chapter
180 of the acts of 1956, is hereby amended by adding at the end the
following paragraph : —
The provisions of this section relative to the form of submitting for
acceptance to the voters of a city or town of any provision of the Gen-
eral Laws shall not apply to the submission for acceptance of any
provision of the General Laws in which or in the act creating such
provision there is set forth the form in which the question of the ac-
ceptance shall be submitted to the voters.
Approved February 13, 1959.
38 Acts, 1959. — Chaps. 44, 45.
Chap. 44. Ant Act establishing a park and recreation depart-
ment IN THE TOWN Oil' READING.
Be it enacted, etc., as follows:
Section 1. There is hereby established in the town of Reading a
park and recreation dei)artment to be under the jurisdiction of a
commission consisting of five members, hereinafter to be known as
commissioners.
Section 2. Said commissioners shall be elected at the annual town
election in the year nineteen hundred and sixty at which time three
commissioners shall be elected for terms of two years and two shall be
elected for terms of one year. Thereafter at each annual town election
their successors shall be elected for terms of three years. All commis-
sioners shall hold office until their respective successors are elected
and qualified.
Section 3. Said park and recreation department shall have juris-
diction and maintenance of all park and recreation areas within the
town and over the recreation program of the town, excepting those
areas and programs under the jurisdiction of the school department.
Section 4. Notwithstanding the provisions of cliai)ter one hundred
and eighteen of the acts of nineteen hundred and twenty-one and any
other general or special law, said department shall have all the rights,
powers and liabilities vested in a board of park commissioners under
chapter forty-five of the General Laws.
Section 5. This act shall take effect upon its acceptance by the
town of Reading at its annual town meeting in the current year or at
a special town meeting called for the purpose in the current year.
Approved February L3, 1959.
Chap. 45. An Act authorizing the commissioner of labor and
INDUSTRIES TO SUSPEND THE OPERATION OF CERTAIN LABOR
LAWS.
Be it enacted, etc., as folloivs:
The commissioner of labor and industries is hereby authorized, in
conformity with Article XX of Part the First of the Constitution of
the (■oininonwealth. to suspend until July first, nineteen hundred and
sixty, the ajiplication or operation of any provision of chapter one
hundred and forty-nine of the General Laws or of any rule or regula-
tion made thereunder, regulating, limiting or prohibiting the employ-
ment of women, or of minors over the age of sixteen, or both. The
commissioner shall exercise this authority when he finds, after oppor-
tunity has been given to interested parties to be heard, that an
emergency exists or that conditions of hardship in an industr.y,
branch of an industry, or individual establislnnent require or justify
the suspension of any provision of such laws, rules or regulations.
Suspension 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 connnissioner shall appoint
Acts, 1959. ("hai's. -IO, 17, IS. n9
iiulustry advisory ('i)miiiillt'rs, tui wliicli ciiiployci's and (Miiployees
shall ht» ('(iiially rei)rosentetl, to roiisull and advise with him in mattors
rolatinj]: to tlio suspr-nsioiis autliorized by this act.
Approiuil F<'hni(V]i /.V, l!).')!K
Chap. 46. An Act autiiouizino the hiknniai, aitointmiint ok two
TRUSTEES OF TTTE IMTTSKTIM OF FINK ARTS I'-V THK I;Anii:S
COMMITTEE THEREOF.
/>'< /7 e)tiirtt'd, etc., as folJoirs:
Section 1 of cliai)ter 4 of the acts of 1870 is hereby amended by
strikinir out, in line 8, the word "and", — and by insertiiiii' after the
word "Teehnolo<ry ". in line 10. the words: — , and two persons to be
biennially ap|)ointed by tlie Ladies Connnittee of the Museum of
Fine Arts. A pprorcd FchriKiry /V, Ift.lt).
Chap. 47. An Avt ri lative 'lo the APPoR'i'ioN.\n;NT of assessments
FOR betterments IN THE TOWN OF SOIJTIIBRIDGE.
Bi it enacted, etc., as follows:
Notwithstanding the provisions of section nine of chapter t^^'o luin-
dred and twenty-eight of tlie acts of eighteen hundred and ninety-nine
or of any other law to the contrary, assessments fo)' betterments in the
town of Southbritlge shall be apportioned and levied in conformity
with the provisions of section thirteen of chapter eighty of the General
Laws. Approi'cd February i:>, i,y,},9.
Chap. 48. An Act providing for the printing or typing of the
NAMES of physicians AND REGISTERED HOSPITAL MEDICAL
OFFICERS FURNISHING BIRTH AND DEATH CERTIFICATES.
Be it enacted, etc., as folloivs:
Section 1. The first paragrapli of section .3 of cliapter 4G of the
General Laws is hereby amend(^d by inserting aftei- the third sentence,
as appearing in tlie Tercentenary Edition, the following sentence : —
Said physician or officer shall print or type his name directly below his
signature on every report, and also on every notice, mailed or delivered
by him to a clerk or registrar under this section.
Section 2. Section 9 of said chapter 46 is hereby amended by
striking out the second sentence, inserted by chapter 137 of the acts of
1954, and inserting in place thereof the following sentence: — Said
physician or officer shall print or type on every certificate furnished by
him under this section the cause, or causes, of death and, directly below
his signature, his name.
Section 3. Tliis act shall take effect on October first in the current
year. Approved February 13, 1959.
40 Acts, 1959. — Chap. 49.
Chap. 49. An Act relative to the composition of representative
TOWN meetings IN THE TOWN OF AMHERST.
Be it enacted, etc., as follows:
Section 1. Section 2 of chapter 10 of the acts of 1936, is hereby
amended by striking out the first sentence, as amended by section 1
of chapter Go of the acts of 1951, and inserting in place thereof the
following sentence : — Other than the officers designated in section three
and in the by-laws of the town as town meeting members at large, the
representative town meeting membership shall in each precinct con-
sist of the largest number divisible by three which will admit of a
representation thereof in the approximate proportion which the num-
ber of registered voters therein bears to the total number of registered
voters in the town in accordance with the list of registered voters on
the first day of January next preceding the election, and which will
cause the total elected membershii) to be as nearly two hundred and
forty as may be.
Section 2. Section 3 of said chapter 10 is hereby amended by
striking out the first sentence, as amended by section 2 of said chapter
Gf) and inserting in ])lace thereof the following sentence : — Any repre-
sentative town meeting held under the provisions of this act, except
as otherwise provided herein, shall be limited to the town meeting
members elected under section two, together with the following town
meeting members at large, namely : any member of the general court
who is a registered voter of the town, the moderator, the town clerk,
the selectmen, the members of the school committee, the chairman of
the finance committee, and such other town meeting members at large
as may be provided for in the by-laws of the town, and authority is
hereby conferred to adopt such by-laws without being subject to sec-
tion thirty-two of chapter forty of the General Laws.
Section 3. This act shall be submitted for acceptance to the reg-
istered voters in the town of Amherst at the annual town meeting in
the year nineteen hundred and sixty in the form of the following
question, which shall be placed ui)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 year nineteen hundred and fifty-nine,
entitled 'An Act relative to the composition of representative town
meetings in the town of Amherst ', be accepted ? " If it is not accepted
at said annual town meeting, it shall be again submitted for acceptance
at the annual town meeting in the year nineteen hundred and sixty-one
in the same manner. If it is not accepted at said annual town meeting
in nineteen hundred and sixty-one it may again be submitted in like
manner from time to time to such voters at any annual town meeting,
but not later than the year nineteen hundred and sixty-four, upon
petition signed by not less than two per cent of the total number of
registered voters of said town and filed with the town clerk at least
thirty days prior to such meeting.
Section 4. Upon the acceptance of this act by a majority of the
voters voting thereon at any such town meeting aforesaid, it shall take
effect for the purjioses of the next annual town election in the town
of Amherst, at which election one third of the representative town
meeting membership to which each precinct shall be entitled hereunder
Acts, 1959. — Chaps. 50, 51. 41
shall be elected, tlie unexpired terms of ofliee of all j)reviously elected
town meeting members shall continue until their expiration; and for
the i)uri)ose of determining town meeting members at large and for
all other juirposes this act shall take effect upon the date of such
election. Approved Fehruary 13, 1959.
Chap. 50. An Act relative to the allocation ov insurance pro-
ceeds RECEmSD BY THE TOWN OF WINTIIROP.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of section fifty-three of
chapter forty-four of the General Laws or any other contrary pro-
vision of law, the proceeds from insurance against loss or damage by
fire or other hazard shall, upon receipt by the treasurer of the town of
Winthrop. be allocated to that department of said town which had
control over the property lost or damaged in an amount equal, as
nearly as may be, to the amount of the actual payment made or obliga-
tion incurred by such department on account of such loss or damage
within the fiscal year during which such loss or damage occurred, but
in no event more than two thousand dollars.
Section 2. This act shall take effect upon its acceptance by a
majority of the voters of the town of Winthrop present and voting
thereon at an annual town meeting or at a special town meeting called
for the purpose. Approved Fehrnary 13, 1959.
Chap. 51. An Act to provide for the contracting and payment
FOR GROUP LIFE INSURANCE BY COUNTIES PRIOR TO THE
PASSAGE OF THE COUNTY BUDGET.
V^licrcas, The deferred operation of this act would tend to defeat its
purpose, which is to expedite and facilitate negotiations by counties in
acquiring contributory group life, accide]it, hospitalization, medical
and surgical insurance for persons in their employ and their depend-
ents without delay, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public con-
venience.
Be it enacted, etc., as folloivs:
Section 34 of chapter 35 of the General Laws, as most recently
amended by section 3 of chapter 591 of the acts of 1948, is hereby
further amended by adding at the end the following paragraph: —
Notwithstanding the foregoing limitations upon the authority of the
county commissioners and other officers to incur liabilities during said
interval, such county commissioners and other officers may incur
liabilities and make payments therefor from any available funds in the
treasury to such extent as may be necessary for the purpose of con-
tracting and paying for group insurance in accordance with the provi-
sions of chapter thirty-two B. Approved February 20, 1959.
42 Acts, 1959. — Chai's. 52, 5o, 54, 55.
Chap. 52. An Act providing for tiik pay.mknt of one half of the
DEATH I5ENEFIT TO MEMBERS OF THE LEO^HNSTEU FIRE-
FIGHTERS RELIEF ASSOCIATION UPON RETIREMENT FRO^I THE
FIRE DEPARTMENT OF THE CITY OF LEOMINSTER.
Be it enacted, etc., as follows:
Section 1. Any member of the Leominster Firefighters Keliet" As-
sociation, a corporation duly organized under the laws of the common-
wealth, who ceases to be a permanent member of the Leominster fire
department by reason of being retired shall remain a member of said
association bnt after sncli retirement he shall be paid, within thirty days
after his re(|n('st therefor, from the funds of said association a sum of
money equal to one half of the death benefit y)rovided by its by-laws,
and his death benefit under said l)y-laws shall tiiereni)on be reduced by
one half.
Section 2. This act shall take effect upon its passage.
Approved Fehruary 20, 1959.
Chap. 53. An Act increasing the amount op money which the
TOW'N OF SOUTH ITADLEY MAY BORROW TO CONSTRUCT A
SEWAGE TREATMENT W'ORKS, AN INFLUENT SEWER, AN OUT-
FALL SEAVER, AND COMMON DRAINS AND SE\VERS WITHIN
SAID TOW^N AND WITHIN THE CITY OF CHICOPEE.
Be it enacted, etc., as follows:
Section 1. Section 4 of chapter 584 of the acts of 1951 is hereby
amended by striking out, in lines 5 and 6, the words "eight hundred
and fifty" and inserting in place thereof the words: — one million two
hundred.
Section 2. This act shall take effect nf)on its passage.
Approved February 20, 1D.59.
Chap. 54. An Act to validate action of the special tow^n meet-
ing HELD in THE TOWN OF AGAWAM ON AUGUST EIGHT-
EENTH, nineteen HUNDRED AND FIFTY-EIGHT.
Be it enacted, clc, as follows:
Section 1. All action of the special town meeting Ik^UI in the town
of Agawam on August eighteenth, nineteen hundred anil fifty-eight, is
liereby validated.
Section 2. This act shall take effect u|)on its jtassage.
Approved Fehruary 20, 1959.
Chap. 55. An Act providing that the voters of the town of
READING SHALL DETERMINE WHETHER OR NOT THE WATER
SUPPLY OF SAID TOW^N SHALL CONTINUE TO BE FLUORIDATED.
Be it enacted, etc., as folloui'^:
The following question shall br ])lii(('(l u|)()ii the oflirial ballot to be
used for the elect ion of officers at llie aiiiiuiil town uieetiiig in the cur-
Acts, 1959. — Chaps. Hf,, 57, 58. 43
rtMit year in the town of lu'adiufj: : — "Shall tlic lliioridat ion of tlie
watiM' supply of tlic> lown of Kcadiiij; he couliiiucd .'" If a majority of
lli(> votes ill answer 1o said (lueslion is in the al'linnative, the (luorida-
tion of ihe water snpi>l\' of said lown shall he eontinued, otherwise it
shall he diseontinned. Approved Fchruary 20, 1959.
Chap. 56. An Act providixc that the votfus ok tiii: town ok
W ll.MlMiTON SHATiL DKTKKMIN'K \V [IKTl I I'.K 01{ NOT 'I'llK
WATKK Sri'l'LV Ol' SAU) 'I'OWN SIlAMi CONTINn; TO HE
FIAORIDATED.
/>'( (7 ( iiacfed, cic, as follows:
The following (piestion shall he placed ii[)()ii the official hallot to be
used for the election of officers at the annual town meeting in the cur-
rent year in the town of Wilmington: — "Shall the fluoridation of the
water supply of the town of "Wilmington be eontinued?" If a majority
of the votes in answer to said (| nest ion is in the affirmative, the fluorida-
tion of the water supply of said town shall be eontinued, otherwise it
shall be discontinued. Approved February 20, 1959.
Chap. 57. An Act increasing the amount which towns may ap-
propriate FOR THE OBSERVANCE OF UNITED NATIONS DAY
AND CERTAIN OTHER DAYS.
Be it Luacted, etc., us follows:-
Clause (46 A) of section 5 of chapter 40 of the General Laws, as
amended by section 1 of chapter 118 of the acts of 1958, is hereby fur-
ther amended by striking out, in line 4, the words "five hundred" and
inserting in^ place thereof the words : — one thousand, — so as to read as
follows : —
(46x\.) 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 nninicii)al observance, to an amount not exceed-
ing one thousand dollai-s annually. Approved February 20, 1959.
Chap. 58. An Act relative to the qualification for appointment
AS A CADET ENGINEER IN A MUNICIPAL GAS OR LIGHT PLANT.
Be it enacted, etc., as follows:
Section 69D of chapter 164 of the General Laws, as renumbered by
section 5 of chapter 564 of the acts of 1958, is hereby amended by
striking out the fourth paragraph, and inserting in place thereof the
following paragraph: — •
An applicant for api)oiiitment as a cadet engineer must be a resi-
dent of the contracting city or tow^i, a graduate of a duly accredited
high school, shall be not less than seventeen nor more than twenty-five
years of age, and must have been accepted for admission to or be
enrolled in a duly accredited college or university within the com-
monwealth having a course of study leading to a degree of bachelor of
science in engineering. Approved Fchruary 20, 1959.
44 Acts, 1959. — Chap. 59.
Chap. 59. An Act making certain laws relative to certain vet-
erans' ORGANIZATIONS APPLICABLE TO THE VETERANS OP
WORLD WAR I OF THE U.S.A.
Be it enacted, etc., as follows:
Section 1. Section 8E of chapter 12 of the General Laws, as
amended by chapter 203 of the acts of 1955, is hereby further amended
by inserting after the word "Heart", in line 7, the words: — , the
Veterans of World War I of the U.S.A.
Section 2. Clause (12) of section 5 of chapter 40 of the General
Laws, as most recently amended by section 2 of chapter 118 of the acts
of 1958, is hereby further amended by inserting after the word "Asso-
ciation", in line 24, the words: — , local barracks of the Veterans of
World War I of the U.S.A.
Section 3. Section 9 of said chapter 40 is hereby amended by
striking out the first sentence, as most recently amended by chapter
469 of the acts of 1953, and inserting in place thereof the following
sentence : — A city or town may, for the purpose of providing suitable
headquarters for such post or posts of any veterans' organization in-
corporated or chartered by the congress of the United States, as have
been in operation for at least three years, or for the purpose of pro-
viding suitable headquarters for a camp of the United Spanish War
Veterans, or for a post of the Polish-American Veterans, Inc., of the
Lithuanian War Veterans Organization, Inc., of the American Vet-
erans of World War II, AMVETS, of the Italian-American World
War Veterans of the United States, Inc., of the Armenian American
Veterans Association, Inc., or for a barracks of the Veterans of World
War I of the U.S.A., lease for a period not exceeding five years build-
ings or parts of buildings Avhich shall be under the direction and
control of such post, camp or barracks subject to regulations made in
cities by the mayor with the approval of the council and in towns by
vote of the town, and for said purposes a town with a valuation of less
than five million dollars may annually appropriate not more than two
thousand dollars; a town with a valuation of five million dollars but
not more than twenty-five million dollars may annually appropriate
not more than three thousand dollars; a town with a valuation of more
than twenty-five million dollars but not more than fifty million dollars
may annually approj)riate not more than four thousand dollars; a
town with a valuation of more than fifty million dollars but not more
than seventy-five million dollars may annually appropriate not more
than five thousand dollars; a town with a valuation of more than
seventy-five million dollars but not more than one hundred million
dollars may annually appropriate not more than six thousand dollars;
a town wntli a valuation of more than one hundred million dollars but
not more than one hundred and twenty-five million dollars may annu-
ally ai)i)ropriate not more than seven thousand dollars; a town with a
valuation of more than one hundred and twenty-five million dollars
but not more than one hundred and fifty million dollars may annually
appropriate not more than eight thousand dollars; and a town with a
valuation of more than one hundred and fifty million dollars may an-
nually api)ropriatc eight thousand dollars, and in addition three thou-
sand dollars for each additional one hundred and fifty million dollars
of valuation, or major fraction thereof.
Acts, 1959. — Chaps. 60, 61. 45
Section- 4. Section 5 of chapter 264 of the General Ta'uvs, as most
i-ccently aniended by section 1 of chapter 117 of the acts of 1941, is
hereby further aniended by strikin<^ ont the third sentence aiid in-
sertinj:: in ]ihu'e thereof the followinj? sentence: — Notwithstanding the
foregoinj::, there may be attached to the staff bearing a flag of the
United States or of i\Iassachusetts belonging to an organization of
veterans of the Civil War, to a camp of the United Spanish War Vet-
erans, to a post or department of The American Legion, or to a post
or department of the Veterans of Foreign Wars of the TTnited States,
or to a post or department of the Jewish War Veterans of the United
States, or to a camp or department of the Sons of Union Veterans of
the Civil War, or to a barracks or de])artment of the Veterans of
World War T of the U.S.A., or belonging to or nsed in the service of
the United States or the commonwealth, a streamer having inscribed
thereon the names of battles and the name and nnmber of the organiza-
tion to which such flag belongs.
Section 5. Section 70 of chapter 266 of the General Laws, as most
recently amended by chapter 117 of the acts of 1957, is hereby further
amended by inserting after the word "League", in line 24, the words:
—or the Veterans of World War I of the U.S.A.
Approved February 20, 1959.
Chap. 60. Ax Act pRo\aDiNG that call members of the fire de-
partment IN THE TOWN OF COHASSET APPOINTED HERE-
AFTER SHALL NOT BE SUBJECT TO THE CIVIL SERVICE LAWS
AND RULES.
Be it enacted, etc., as follows:
Section 1. The civil service laws and rules shall not apply to call
members of the fire department in the town of Cohasset appointed after
the effective date of this act.
Section 2. This act shall take effect upon its acceptance by a
majority of the voters of said town at an annual towni meeting or any
special town meeting called for the purpose.
Section 3. Any action taken at the annual town meeting of said
town in the current year shall be 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. Approved Fchruary 20, 1959.
Chap. 61. An Act relative TO A QUORUM OF THE BOARD OF trustees
OF A SAVINGS BANK.
Be it enacted, etc., as follows:
The first paragraph of section 11 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 fourth sentence and inserting in place
thereof the following sentence : — A quorum shall consist of not less
than a majority of the trustees, and if there be less than a quorum then
a majority of tliose present may adjourn the meeting until the next
regular meeting or until another time or times prior thereto.
Approved February 20, 1959.
46 Acts, 1959. — Chaps. 62, 63.
Chap. 62. An Act increasing the amount of money the town of
J'LYMOUTH MAY APPROPRIATE FOR MUNICIPAL ADNTiRTISING
PURPOSES AND FOR PUBLIC AMUSEMENTS.
Be it enacted, etc., as follows:
Section 1. Section 1 of <^hapter 76 of the acts of 1950, as most re-
cently amended by section 1 of chapter 36 of the acts of 1954, is hereby
fui'ther amended by striking out, in line 3, the word "ten" and in-
serting in ])lace thereof the word : — fifteen, — so as to read as follows: —
Section 1. Tlic town of Plymouth may, by a majority vote, api)ropriate
each year a sum not exceeding fifteen thousand dollars for advertising
the advantages of the town and for providing amusements or entertain-
ments of a public character. The money so appropriated by the town
shall be expended under the direction, of the selectmen.
Section 2. This act shall take effect upon its acceptance by a
majority vote of the town meeting members at a regular or special
town meeting called for the ])iii'pose.
Approved February 20, 1959.
Chap. 63. xVn Act requiring certain busini-:ss certificates to be
SIGNED under OATH BY THE PERSONS WHOSE NAMES APPEAR
THEREIN.
Be it enacted, etc., as follows:
Chapter 110 of the General Laws is hereby amended by striking out
section 5, as most recently amended by section 1 of chapter 32 of the
acts of 1952, and inserting in place thereof the following section: —
Section 5. Any person conducting business in the commonwealth
under any title other than the real name of the person conducting the
business, whether indivithudly or as a partnership, shall file in the
office of the clerk of every city or town where an office of any such
person or partnership may be situated a certificate stating the full
name and residence of each ])erson conducting such business, the place,
including street and lunnber, where, and the title under which, it is
eoiiducted, and pay the fee as provided by clause (20) of section
thii'ty-four of chapter two hundred and sixty-two. Such certificate
shall be executed under oath by each person whose name appears
therein as conducting such business and shall be signed by each such
person in the presence of the city or town clerk or a person designated
by him or in the presence of a person authorized to take oaths. A per-
son who has filed such a certificate shall, upon his discontinuing, re-
tiring or withdrawing from such business or partnership, or in the
case of a change of residence of such person or of the location where
the business is conducted, file in the office of said clerk a statement
under oath that he has discontiiuu'd, retired or withdrawn from such
business or partnershiji, or of such change of his residence or change
of the location of such business, and pay the fee required by clause
(21) of said section thirty-four, lii the case of the death of such a
])erson, such statement nuiy be filed \)y tlie executor or administrator
of his estate. The clerk shall keep a suitable index of all certificates so
filed with him, setting foi'th the ])er1inent facts, including a reference
to any slatcnient of disconl innance, retii'cment ui- witlidcawal fi-om, or
Acts, 1959. — Chaps. G4, (kI. 47
chaiiiro of location of. sudi business, or ('lian<2fe of resideiu'c of sndi
person. X'iolatious of this section shall be punished by a line oi." not
more tliau one hundred dollars for eaeh mouth duriii<? whic^h sueli
violation continues. Approrcd FcJ)rHav\f 20, .1959.
Chap. 64. An Act to perimit the holding ok a town meeting in
ONE or INIORE places CONNECTED BY A I'UHLIC ADDRESS SYS-
TEM AND LOUD SPEAKERS.
Whereas, The deferred operation of this act would tend to defeat its
purpose, which is in part to make its y)rovisious applicable to town
meetin<:s in the current year, therefore it is hereby declared to be an
emergency law, necessary- for the immediate preservation of the public
eonvenience.
Be it enacted, etc., as folloivs:
Section 1. Section 10 of chapter 39 of the General Laws is hereby
amended by striking out the fourth sentence, inserted by section 1 of
chapter ].")'2 of the acts of 1949, and inserting in place thereof Uw
following two sentences: — The town meeting may be held in one or
more places; provided, that if it is held in more than one place, the
places are connected by means of a public address system and loud
speakers so that the proceedings in all such places may be heard and
])articipated in b,y all the voters present therein. Whenever the mod-
erator determines that voters are being excluded from the town meeting
because there is no room for them in the places provided or that voters-
in attendance are being deprived of the opportunity to participate
therein for any reason whatsoever, he shall either, on his own motion
recess the meeting for any period during the day of the meeting or,
after consultation Avith the members of the board of selectmen then
present, adjourn the same to another date, not later than fourteen
days following the date of said meeting, when places and facilities
sufficient to accommodate all voters attending and to enable them to
participate therein shall be available.
Section 2. The last paragraph of section 14 of said chapter 39,
added by section 2 of said chajiter 152, is hereby amended ))y striking
out the first sentence and inserting in place thereof the following sen-
tence : — If. as provided for in section ten, a town meeting is held in
separate places equipped with a public address system and loud
speaker facilities, the moderator may appoint an assistant moderator
to preside at each place of meeting whereat the moderator is not
present. Approved Fehrnary 31, 1959.
Chap. 65. An Act authorizing the town of wareiiam to trans-
fer certain lands HELD AS PUBLIC DOMAIN.
Be it enacted, etc., as foUoirs:
Section 1. The town of Wareham is hereby authorized, through
its board of selectmen, to transfer and convey to Ilein-y ]\I. Channing,
48 Acts, 1959. — Chap. 65.
Trustee under the will of William Miuot, in consideration of the con-
veyance to said town by said Trustee of certain other land now being
held by him under said will, certain parcels of land hereinafter desig-
iiated as parcels A, B and C, which are portions of parcel No. 6 con-
veyed to the town of Wareham by Henry M. Channing, Trustee under
the will of William Minot, by deed dated February 15, 1951 and re-
corded with Plymouth County Kegistry of Deeds, Book 2182, Page 173,
and presently used as town forest. The said Parcels A, B and C are
shown on "Plan of Minot Estate in Vicinity of Tempest Knob Terrace,
Wareham, Massachusetts, dated January 25, 1951, Revised December
2, 1958" and are respectively bounded and described as follows: —
PARCEL A. — Beginning at the northwesterly corner of the within
described premises, it being the northwesterly corner of Parcel No. 6,
hereinbefore mentioned; thence running easterly in line of land of
Henry M. Channing, Trustee, eighty feet to a point for a corner;
thence turning and running southerly by a line perpendicular to the
northerly boundary of the said Parcel No. 6 ninety-five feet more or
less to a point for a corner and other land of Henry M. Channing,
Trustee ; thence turning and running northwesterly in line of other
land of Henry M. Channing, Trustee, one hundred twenty feet more
or less to the point of beginning; said parcel contains 3,800 square
feet, more or less.
PARCEL B. — Beginning at the northwesterly corner of the within
described premises at a point in the northerly boundary line of the
aforementioned Parcel No. 6, said point being two hundred feet
easterly of the northeasterly corner of Parcel A, described above,
measured along the northerly boundary line of said Parcel No. 6 ;
thence running easterly along the northerly boundary line of said
Parcel No. 6, one thousand six hundred forty feet to a point for a
corner; thence turning and running southerly by a line perpendicular
to the northerly boundary line of said Parcel No. 6 one hundred feet
to a point for a corner; thence turning and running westerly by a line
parallel to and one hundred feet southerly from the northerly bound-
ary line of said Parcel No. 6 one thousand six hundred forty feet to a
point for a corner; thence turning and running northerly by remain-
ing land of the Town of Wareham one hundred feet to the point of
beginning; containing three and eight tenths acres, more or less. Re-
serving, however, to the Town of Wareham a right of access to said
Parcel No. 6 at the gravelpit, the location of the right of access being
already set forth in the deed from Channing, Trustee, to the Town of
Wareham.
PARCEL C. — Beginning at the northwesterly corner of the within
described premises at a point in the northerly boundary line of the
aforementioned Parcel No. 6, said point being one hundred feet east-
erly of the northeasterl}^ corner of Parcel B, measured along the north-
erly boundary line of said Parcel No. 6 ; thence running easterlj' along
the northerly boundary line of said Parcel No. 6 one thousand four
hundred ninety feet more or less to a point for a corner at land now or
formerly of Frank Laine and Arvo Laine; thence turning and run-
ning southerly in line of land now or formerly of Frank Laine and
Acts, 1959. — Chai'. GG. 49
Arvo Laiiu' our huiulred I'cet more or less to a poiut i'or a corner,
wliii'li point is distant two hundred fifty feet southerly of the southerly
sideline of Minot Avenue, said distance of two hundred fifty feet bcinj,'
measured along a radial ot the curve establisliing the southerly sideline
of ]\linot Avenue, said radial passing through the corner i)oint last
referred to; thence turning and running westerly by a lino parallel to
and one hundred feet southerly from the northerl}^ boundary line of
said Parcel No. 6 one thousand four hundred ninety feet more or less
to a point for a corner, which point is one hundred feet southerly
from the northwesterly corner of the parcel being described and is on a
line perpendicular to the northerly boundary line of said Parcel No. 6 ;
thence turning and running northerly in line of remaining land of the
Town of Wareham one hundred feet to the point of beginning, con-
taining three and four tenths acres, more or less.
Section 2. This act shall take full effect upon its acceptance by a
majority of the voters of the town of Wareham present and voting
tliereon at any special or regular town meeting.
Approved February 21, 1959.
Chap. 66. An x\.ct authorizing the building and maintenance op
A RADIO broadcasting SYSTEM IN THE COUNTY OF HAMP-
SHIRE TO AID IN FIRE PROTECTION.
Be it enacted, etc., as follows:
Section 1. Subject to appropriation, the county commissioners of
Hampshire county are hereby authorized to expend such sums as may
be necessary, not exceeding six thousand dollars, for the establishment
of a radio broadcasting system to aid in the fire protection of said
Hampshire county. The broadcasting station and the transmittal
tower of said system shall be installed and located in such building
and in such area in Hampshire county as the county commissioners
and Fire Chiefs Association of said county may designate.
Section 2. Said broadcasting system shall be administered and
operated by the fire-fighting personnel of such city or town as may be
designated by the county commissioners. The cost of their services
shall be borne by the city or town so designated.
Section 3. Said county commissioners are hereby authorized to
expend such other sums as may be necessary, subject to appropriation,
for the maintenance and operation of the aforesaid radio broadcasting
system other than personnel, and said expenses shall be assessed and
collected against the cities and towns of said county in the manner
provided by law for the assessment and collection of the county tax.
Section 4. Notwithstanding the provisions of section one of this
act, no appropriation of funds by the county of Hampshire for the
purposes of this act shall be made vmless prior approval of the said
project is first obtained from the office of defense and civilian mobili-
zation.
Section 5. This act shall take effect upon its passage.
Approved February 24, 1959.
50 Acts, 1959. — Chaps. 67, 68, 69.
Chap. 67. An Act autiiohizixg the byfield water district to
MAKE AN ADDITIONAL WATER LOAN.
Be it enacted, etc., as follows:
Section 1. For the purpose of extending its water mains, the
B^'field water district may borrow from time to time within five years
from the passage of this act such sums as may be necessary, not ex-
ceeding in the aggregate twenty thousand dollars, and may issue bonds
or notes therefor Avhich shall bear on their face the words, Byfield
Water District Loan, Act of 1959. Each authorized issue shall con-
stitute a separate loan, and such loans shall be paid in not more than
twenty years from their dates. Iiulebtednoss incurred under authority
of this act shall be outside the statutory limit of indebtedness, but
shall, except as otherwise provided in this act, be subject to chapter
fortj'-four of the General Laws.
Section 2. This act shall take effect upon its passage.
Approved February 24, 1950.
Chap. 68. An Act to protect land titles from certain claims
for dower or curtesy.
Be it enacted, etc., as follows:
Section 1. Chapter 189 of the General Laws is hereby amended
by adding after section 15 the following section: — Section 16. After
the expiration of a period of ten years from the recording of any
conveyance no spouse of any party making the conveyance shall make
anj^ claim to dower or curtesy in the land conveyed unless within such
period the spouse has recorded in the registry of deeds for the county
or district where the land lies a notice identifying the conveyance and
the place in the public records of its recording and stating that dower
or curtesy may be claimed in the land thereby conveyed. A reference
to such notice shall be noted on the margin of the record of the con-
veyance.
Section 2. The provisions of section sixteen of chapter one hun-
dred and eighty-nine of the General Laws, inserted by section one of
this act, shall apply to conveyances recorded prior to the eft'ective date
of this act as well as those recorded thereafter; provided, however,
that as 1o any conveyance recorded prior to said effective date the
period for recording notice that dower or curtesy may be claimed in
the land thereby conveyed shall not ex|)ii-e prior to .January first,
nineteen hundred and sixty-one. Approved Fehruary 24, 1959.
Chap. 69. An Act making certain corrective changes in the act
kelative to the taking of smelts from the waters of
THE WEWEANTIC RIVER WITHIN THE TOWN OF WAREHAM BY
MEANS OF NETS.
Be it enacted, etc., as follows:
Section 1 of chapter 67 of the acts of 1931 is hereby amended by
striking out, in lines 11 and 12, the words "sixty-seven or sixty-nine"
Acts, 1959. — Til ai's. 70, 71. 51
and iiiscrtiim- in placi' i1um-(mi|' i1i(> words: 1 1ni'ty-foiir of tliirty-fivc, —
so as lo road as follows: — kSrclidii I. 'I'lic sdcclnicii ol' llio lowii of
Waroliam ina\- uraiit ptMMiiits to iulialiilanls of ilio towns of Wju'diam,
IxOflu'stor, Marion and Mattapoisott ant lioi'izin^- tlio takiii.ti: of smolts,
Ix'twt'on ^laredi lii-st ami Apcil first. l)otli dates inclusive, from the
watei's of Wewoantic river within the limits of said town of Warcham,
hy means of nets, under such regulations as the said selectmen maj'
deem advisable ; provided, that such a net shall not contain more than
tive square feet of net surface. Any person taking smelts during
said period from said waters by means of nets shall not be subject to
the provisions of section thirty-four or thirty-five of chai)ter one
hundred and thirty of tlie General Laws if such smelts are taken as
authorized hereunder, otherwise he shall be subject to such provisions.
Approved February 2i, 1959.
Chap. 70. Ax Act providixg that certain duties of election of-
ficers RELATIVE TO ABSENT VOTING BALLOTS SHALL BE PER-
FORMED FORTHWITH.
Be it enacted, etc., as follows:
Section 95 of chapter 54 of the General Laws is hereby amended by
striking out the first sentence, as uiost recently amended by section 2
of chapter 39 of the acts of 1952, and inserting in place thereof the
following sentence : — The warden or his deputy in each polling place
shall forthwitli, after delivery of the envelopes purporting to contain
official absent voting ballots as provided in section ninety-four, and
after the ballots cast have been removed from the ballot box, open all
envelopes so delivered, and shall compare the signatures on the
envelopes therein enclosed with the signatures on the applications
attached thereto, except in the case of ballots prepared under section
ninety-eight, and shall examine the postmarks, if any, and affidavits.
Approved Fehruary 24, ID^D.
Chap. 71. An Act authorizing the town of ipswich to use the
BALANCE OF CERTAIN FUNDS RAISED BY BOND ISSUE FOR LAY-
ING A WATER-PIPE LINE.
Be it enacted, etc., as folloivs:
Xotwithstanding the provisions of section twenty of cha{)ter forty-
four of the General Laws or of -dny other general law, or of any special
law, to the contrary the town of Ii)swicli may for the purpose of laying
a twelve-inch water-pipe line in public ways in said town appropriate
and use the balance of the funds now remaining in the Standpipe
Account, so called, being the balance after the completion of the stand-
jiipe in nineteen hundred and fifty-six, which funds were raised by
bond issue voted at a meeting of the voters of the town of Ipswich held
on December twelfth, nineteen huiulred and fifty-five, under article
four of the warrant for said meeting.
Approved Fehruary 24, 1959.
52 Acts, 1959. — Chaps. 72, 73, 74.
Chap. 72. 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 DW^ELL-
ING PURPOSES.
Be it enacted, etc., an foUoivs:
Chapter 43 of the acts of 1946 is hereby amended by striking out
section 2, as most recently amended by chapter 88 of the acts of 1958,
and inserting in place thereof the following section: — Section 2. This
act shall become inoperative on June thirtieth, nineteen hundred and
sixty. Approved Fehruary 24, 1959.
Chap. 73. An Act authorizing cities and towns to construct,
MAINTAIN AND OPERATE INDOOR ARTIFICIAL ICE-SKATING
RINKS.
Be it enacted, etc., as follows:
Section 1. Clause (48) of section 5 of chapter 40 of the General
Laws, added by section 1 of chapter 716 of the acts of 1955, is hereby
amended by striking out, in line 2 and in line 4, the word : — outdoor, —
so as to read as follows : —
(48) For the construction, maintenance and operation of an arti-
ficial ice-skating rink for which refrigeration equipment is required ;
provided, however, that the cost of maintenance and operation of said
artificial ice-skating rink, including maturing debt and interest, shall
be defrayed by charges established by the city or town upon persons
using said rink.
Section 2. Clause (2A) of section 7 of chapter 44 of the General
Laws, inserted by section 2 of said chapter 716, is hereby amended
by striking out, in line 1, the w^ord "outdoor", — so as to read as
follows : —
(2A) For the construction of an artificial ice-skating rink for which
refrigeration equipment is required on land owned by the city or
town, fifteen years. Approved Fehruary 24, 1959.
Chap. 74. An Act authorizing a voter to establish, change or
cancel his party enrolment by FORWARDING TO THE
REGISTRARS OF VOTERS A NOTARIZED CERTIFICATE REQUEST-
ING THE SAME.
Be it enacted, etc., as follows:
Chapter 53 of the General Laws is hereby amended by striking out
section 38, as most recently amended by section 3 of chapter 237 of the
acts of 1945, and inserting in place thereof the following section : —
Section 38. No voter enrolled under this section or section thirty-
seven shall be allowed to receive the ballot of any political party except
that with which he is so enrolled; but a voter may, except within a
period beginning with the thirty-first day prior to a primary and end-
ing witli the day jn-ior thereto, establish, change or cancel his enrol-
Acts, 1959. — Chaps. 75, 16. 53
nieiit by forwarding to llio board of registrars of voters a notarized
c'ortilicatc re([ue.stiiijr to have Ills onrolinent established with a party,
changed to another party or cancelled, or bj^ appearing in person before
a nu'iuber of said board and recpiesting in writing that his enrolment
be so established, changed or cancelled and such enrolment, change or
cancellation shall take elfect at the expiration of thirty days there-
after. No voter enrolled as a member of one political party shall be
allowed to receive the ballot of any other political party, upon a claim
by him of erroneous enrolment, except upon a certificate of such error
from the registrars, which shall be presented to the i)residing officer of
the primary and shall be attached to, and considered a part of the
voting list and returned and preserved therewith; but the political
party enrolment of a voter shall not preclude him from receiving at a
cit}' or town prinuuy the ballot of any municipal party, though in no
one primary shall he receive more than one party ballot.
Any such notarized certificate shall be void and of no effect if the
person notarizing the same is a candidate for a nomination at a party
primary at the time of such notarization.
Said board shall forthwith notify each voter forwarding any such
notarized certificate that the same has been received and that his enrol-
ment has been established, changed or cancelled in accordance with his
request or that said certificate is void and of no effect, if such be the
case. Approved February 24, 1959.
Chap. 75. An Act relative to the penalty for neglecting or re-
fusing TO REPAIR OR REMOVE UNSAFE STRUCTURES.
He it enacted, etc., as follows:
The third sentence of section 9 of chapter 143 of the General Laws,
as appearing in section 4 of chapter 214 of the acts of 1957, is hereby
amended by strilving out, in lines 7 and 8, the words "forfeit to the
city or town in which the structure is located" and inserting in place
thereof the words :■ — be punished by a fine of, — so as to read as fol-
lows : — The costs and charges incurred shall constitute a lien upon the
land upon which the building is located, and shall be enforced within
the time and in the manner provided for the collection of taxes on
land ; and such owner, lessee or mortgagee in possession shall, for every
day's continuance of such refusal or neglect after being so notified, be
punished by a fine of not less than ten nor more than fifty dollars.
Approved February 24, 1959.
Chap. 76. An Act increasing prom one year to five years the
TERM for which THE CITY ENGINEER OP THE CITY OF
MALDEN SHALL BE APPOINTED.
Be it enacted, etc., as follows:
Section 1. Chapter 384 of the acts of 1954 is hereby amended by
striking out section 3, as amended by section 2 of chapter 110 of the
acts of 1955, and inserting in place thereof the following section : —
Section 3. There shall be within the department of public works, but
54 Acts, 1959. — Chaps. 77, 78.
subject to the control of the commission, a division of hif?hvvays, a
division of water works, a division of engineering and a division of
forestry and parks. Each such division shall assume such manage-
ment and control as shall be detei'iiiined by the commission. The city
engineer shall be appointed (iuin(|uennially by the mayor and city
council for a term commencing the first day of March and shall hold
office for the term of five years next ensuing and until the qualifica-
tion of his successor. liis salary shall be fixed by ordinance and he
shall, in addition to other duties prescribed by law, be in charge of
the division of engineering.
Sfx'Tion 2. This act shall take effect upon its acceptance by the
city council of the city of Maiden with the ai)proval of its mayor.
Approved February 24, 1959.
Chap. 77. An Act providing for the hearing of civil cases in the
SECOND district COURT OF BARNSTARLE BY A FULL-TIME
DISTRICT COURT JUSTICE.
Be it enacted, etc., as follows:
The first sentence of the third paragraph of section 77A of chapter
218 of the General Laws, as appearing in section 1 of chapter 675 of
the acts of 1958, is hereby amended by striking out, in lines 1 and 2,
the words "the second district court of Barnstable", — so as to read as
follows : — Except in the municipal court of the city of Boston, the dis-
trict court of Dukes county and the district court of Nantucket, no
special justice, and no justice other than a full-time justice, shall hear
and determine any civil cases other than supplementary proceedings,
summary process, small claims, and proceedings relating to juveniles
and insane persons in any district court without the authorization of
the administrative committee of the district courts.
Approved February 24, 1959.
Chap. 78. An Act placing the office of purchasing agent of
THE CITY OF WOBURN UNDER THE CmL SERVICE LAWS AND
PROVIDING TENURE OF OFFICE FOR THE INCUMBENT THEREOF.
Be it enacted, etc., as follows:
Section 1. The office of tlie purchasing agent of the city of "Woburn
shall, upon the effective date of this act, become subject to the civil
service laws and rules, and the tenure of office of any incumbent
thereof shall be unlimited, subject, however, to said laws. The incum-
bent of said office on said effective date shall be subjected by the divi-
sion of civil service to a qualifying examination for said office. 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 a probationai-y jx'riod, antl his tenure of office shall be un-
limited, subject, however, to the provisions of said laws.
Section 2. This act shall be submitted to tlie voters of said city at
the city election in the current year in the form of the following ques-
tion, wiiich shall be placed on the official ballot to be used at said
Acts, 1959. — Chaps. 79. 80. 55
clootion : — "Shall an act passed by tlir (ioiuM-al Coiirl in tlic year
iiinctcM'ii huiulrcd aiul lifty-niiu\ ontillcd 'An Act jilacin*; the office of
j-nircliasin^- ajiont of llie city of Wobnrn under the civil service laws
and {>rovidinir tenure of office for tlie incumbent thereof, he ac-
cepted?" If a majority of tlie votes in answer to said question is in
the atlrtrmativc. this act sliall take full effect, but not otherwise.
Approved February 21, 1959.
Chap. 79. Ax Act establishing a fifty-six iiot'K wi;fk i'or tok
PERMANENT ]\IE.MBERS OF THE FIRE DEPARTMENT IN THE
TOWN OF WARE.
Be it enacted, etc.. as follows:
Section 1. The hours of duty of the permanent members of the
uniformed fire fijihtinji- force in the town of Ware 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 wliicli such members
may be summoned and kept on duty because of conflagrations, shall
not exceed fifty-six in number. Sections fifty-six, fifty-.seven, fifty-
eight A, and fifty-nine of chapter forty-eight of the (icueral Laws shall
not apply to the permanent members of the uniformed fire fighting
force of said town.
Section 2. This act shall be submitted for acceptance by the voters
of said town at its annual town meeting in the current year in the form
of the following question, which shall be placed on the official ballot to
be used at said meeting: — "Shall an act passed by the General Court
in the current year, entitled 'An Act establishing a fifty-six hour week
for the permanent members of the fire department in the town of
Ware', be accepted?"
If a majority of the votes in answer to said question is in the affirma-
tive, this act shall thereupon take full effect, but not otherwise.
Approved February 24, 1959.
Chap. 80. An Act providing for the filling of certalv vacancies
OF town meeting members in the town of dedham.
lie it enacted, etc., as follows:
Section 1. Chapter 858 of the acts of 1926 is hereby amended by
striking out section 7 and inserting in place thereof the following sec-
tion: — Section 7. Any vacancy in the full number of town meeting
members from any precinct, whether arising from a failure of the
registered voters thereof to elect, or from any other cause, shall be
filled until the next annual election by the selection by the town clerk
of tlie person who received the highest number of votes as a defeated
candidate for the oiBce of town meeting member in the preceding
election in the precinct where the vacancy occurs and the town clerk
sliall promptly notify such person of his election as a town meeting
member. If for any reason such person cannot or does not accept such
office, the next highest in recorded vote of the defeated candidates in
that precinct shall be similarly selected.
56 Acts, 1959. — Chaps. 81, 82.
Section 2. This act shall take effect upon its acceptance by a ma-
jority vote of the town meeting members of the town of Dedham present
and voting thereon at an annual or special town meeting called for the
purpose, but not otherwise. Approved February 26, 1959.
Chap. 81. An Act authorizing the city of Gloucester to grant
AN EASEMENT OVER CERTAIN PARK PROPERTY,
Be it enacted, etc., as follows:
Section 1. The city of Gloucester, acting by its city manager, may,
with the approval of the director of the department of public works
for said city, grant to ]\Ierriiuack-Essex Electric Company an ease-
ment for the construction, maintenance and operation of poles and
wires for the transmission of electricity on, over and across a portion
of Fisherman's IMemorial Park on Ledgemont avenue in said city; said
easement to be in such form and at such location across said park as
said city manager may deem proper. The amount received for the
granting of such easement shall be used for the purposes stated in
section sixty-three of chapter forty-four of the General Laws.
Section 2. This act shall take full effect upon its acceptance by
vote of the city council of said city of Gloucester, subject to the pro-
visions of its charter, but not otherwise.
Approved Fehrnary 26, 1959.
Chap. 82. An Act establishing a department of waterways in
THE TOWN OF HARWICH.
Be it enacted, etc., as follows:
Section 1. There is hereby established in the town of Harwich a
de])artment to be known as the department of waterways, hereinafter
referred to as the department, and such department shall be under
the supervision of an officer to be known as the superintendent of the
department of waterways, hereinafter referred to as the superin-
tendent.
The selectmen shall annually appoint said superintendent, and, sub-
ject to appropriation, shall fix his compensation, and may remove said
superintendent for cause and after a hearing.
The duties of the superintendent shall include the supervision of all
municipal property, structures, and facilities which are located on,
adjacent to, or adjoining, and serve the use of, the shores, lakes, ponds,
rivers, and harbors of the town of Harwich, excepting therefrom any
part of the public waterways or beach system and the public road
system under the control of any agency of the commonwealth but in-
cluding the adjoining parking areas and any part of any road which
might reasonably be considered to be a part of those parking areas.
The superintendent shall have and exercise all the powers and duties
of harl)ormasters, w'harfingers, shellfish wardens, and herring super-
visors insofar as said duties do not conflict with the powers and duties
presently exercised by any agency of the commonwealth. He shall
hire all employees ajid purchase all materials, supplies and services
Acts, 1959. — Chaps. 83, 84. 57
noL-essary for tlie operation of the tlepartmout. lie may appoint such
subordinate otlicers as he thinks necessary and may remove the same
at au}^ time I'or cause. He shall, subject to appropriation, fix the com-
pensation of all members of the department. Subject to the approval
of the selectmen he may enter into contracts on behalf of the town.
The superintendent may make rules and regulations governing the
otHicers and employees of the department, and, subject to the approval
of the selectmen he may make suitable rules and regulations govern-
ing the use of the property, structures and facilities of the department
including the charging of fees therefor.
Section 2. This act shall take effect upon its acceptance by a
majority of the voters of the town of Harwich present and voting
thereon at an amnial or special town meeting called for the j)urpose
but not otherwise. Approved March 2, 1959.
Chap. 83. An Act authorizing fire district number one of the
TOWN OF south HADLEY TO BORROW MONEY FOR WATER
department office housing and for OTHER WATER DE-
PARTMENT PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of providing funds for the purchase
of land with buildings thereon in the town of South Hadley, and for
the improvement of said land and buildings, to be used as office hous-
ing for the water department of Fire District Number One of the Town
of South Hadley and for other water department purposes. Fire Dis-
trict Number One of the Town of South Hadley may borrow, within a
period of five years from the passage of this act, such sums as may be
necessary, not exceeding in the aggregate fifty thousand dollars, and
may issue bonds or notes of the district therefor which shall bear on
their face the words. Fire District Number One of the Town of South
Hadley Water Department Offices Project Loan, Act of 1959. 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 w^ithin the statutory limit, but shall,
except as provided herein, be subject to chapter forty-four of the Gen-
eral Laws, exclusive of the limitation contained in the first paragraph
of section nine thereof.
Section 2. This act shall take effect upon its passage.
Approved March 2, 1959.
Chap. 84. An Act validating the action of the town of needham
in changing the name of the board of PARK COMMIS-
SIONERS TO PARK AND RECREATION COMMISSION.
Be it enacted, etc., as folloivs:
Section 1. The vote taken at a special town meeting of the town of
Needham on October twenty-second, nineteen hundred and fifty-eight
58 Acts, 1959. — Chaps. 85, 86.
(•haiif^'injr the name ol" the Xeedhaiii board of park eonimissioners to
the Needham park and recreation eoiniai.ssion and transferring to said
(commission the powers granted to boards of park commissioners by
chapter forty-five of the General Laws, is hereby validated and con-
firmed.
Section 2. This act shall take effect upon its passage.
Approved March 3, 1959.
Chap. 85. An Act placing the office op chief of police of the
TOWN or LEICESTER UNDER THE CIVIL SERVICE LAWS.
lit a enacted, etc., as futlows:
Section 1. The office of chief of police of the town of Leiee.ster,
shall, upon the effective date of this act, become subject to the civil
service laws and rules, and the tenure of office of any incumbent
thereof shall be unlimited, subject, however, to said laws. The incum-
bent of said office on said effective date shall be subjected by the divi-
sion of civil service to a qualifying examination for said office. If he
I)asses said examination, he shall be certified for said of^ee and shall
be deemed to be permanently appointed thereto without being required
to serve a probationary period, and his tenure of office shall be un-
limited, subject, however, to the provisions of said laws.
Section 2. This act shall take effect upon its acceptance by a
majority of the inhabitants of the town of Leicester voting thereon at
an annual town meeting or at a special town meeting called for the
pui-])o.se. Approved March 3, 1959.
Chap. 86. An Act authorizing the city of fall river park de-
partment TO transfer certain parkway land to the
public works department for hiciiway' purposes.
Be it enacted, etc., as follows:
Section 1. The park department of the city of Fall River is hereby
authorized to transfer to tlie department of public works of said city
for highway purposes, a certain parcel of parkway land in said city
bounded and described as follows : — Beginning at a point 335 feet,
more or less, southerly from the southerly line of Pleasant Street
measured along the westerly line of Eastern Avenue ; thence turning
and running southerly 45 feet to a i)oint for a corner; thence turning
and running easterly 27 feet to a point for a corner; thence turning
and running northerly 45 feet to a point for a corner; thence turning
and running westerly 27 feet to the i)oint of beginning and containing
1,215 sfjuare feet of land, more or less, and being a portion of a certain
parcel of land dedicated as a })arkway by the board of aldermen of said
city in the year eighteen hundred and ninety-three.
Section 2. This act shall take effect upon its acceptance by a vote
of the city council of said city in accordance with the provisions of its
charter, but not otherwise. Approved March 3, 1959.
Acts, 1}):)9. — Chai's. 87, 88. 59
Chap. 87. A.N Act autiiorizino trust coMrANiios to ixvi;st in tiik
CAIMTAI, STOCK OK SMALl, HCSINKSS IX VIOST.M KNT COM I'AN' I i;S.
lii it enacted, etc., (IS fol^oirs:
Section 1. Chapter 172 of the (iencral T^aws is heivby amcMided by
striking; out section o3, as most recently amended by section 1 ot" cliap-
ter 242 of the acts of 1956, and insert inj^ in place thereof the follow-
in<r section: — Scctio)! oo. Such cori)oration may, subject to the limi-
tations of sections thirty-four, forty and forty-three, advance money
or credits, whether capital or general deposits, on real estate and on
personal security, on terms to be agreed upon, and also invest its money
or credits, whether ca])ital or general deposits, in the bonds or other
evidences of indebtedness of corporations or of associations or trusts,
both as detincd in cha})ter one hundred and eighty-two, or of govern-
ments, or political subdivisions thereof, both foreign and domcslic. or
in the caj)ital stock of any other trust company or a national banking
association incorporated or doing busin(\ss within tli(> commonweallh,
or in the capital stock of any small business investment company or-
ganized under the provisions of United States Public Law 85-699.
Such corporation may consent to any settlement, modification or re-
adjustment of any investment in securities legally made by such
corporation, and may accept and hold as investments bonds, notes,
stocks and other securities otfered in full or partial settlement, modi-
fication or readjustment of any such investment, pursuant to a reor-
ganization or otherwise.
Section 2. Section 43 of said chapter 172, as most recently amended
by section 3 of chapter 484 of the acts of 1941, is hereby further
amended by adding at the end thereof the following ])aragraph : — •
Xo such corporation shall hold shares of stock in small business
investment companies in an amount aggregating more than one per
cent of its capital and surplus. Approved March 3, 1959.
Chap. 88. An Act extending the time within which certain
SOLDIERS AND SAILORS AND THEIR WIVES, WIDOWS, FATHERS
OR MOTHERS AND BLIND PERSONS MXY PILE APPLICATIONS
FOR ABATEMENT OR EXEMPTION OP TAXES.
Be it enacted, etc., as follows:
Section 1. Chapter 534 of the acts of 1949 is hereby amended by
striking out section 3, as most recently amended by chapter .')7 of the
acts of 1958, and inserting in place thereof the following section : —
Section 3. Application for abatement or exemption, as provided in
sections one and two, of taxes levied in the year nineteen hundred and
fifty-eight may be made not later than October first, nineteen hundred
and fifty-nine, notwithstanding any provision of law to the contrary.
Section 2. Clause Thirty-seventh of section 5 of chapter 59 of the
General Laws, inserted by chapter 379 of the acts of 1953, is hereby
amended by adding at the end the following sentence : — Notwith-
standing any contrary provision of section fifty-nine, application for
abatement or exemi)tion as i)rovided in this clause may be made on or
before October first of the year following the year to which the tax
relates. Approved March 3, 1959.
60 Acts, 1959. — Chaps. 89, 90, 91.
Chap. 89. An Act relating to the rate and computation of
ORDINARY DIVIDENDS ON DEPOSITS IN SAVINGS BANKS.
Be it enacted, etc., as follows:
Section 60 of chapter 168 of the General Laws, as appearing in sec-
tion 1 of chapter 482 of the acts of 1955, is hereby amended by striking
out paragraph 2 and inserting in place thereof the foUo-sving para-
graph : —
2. Rate and Computation. — Ordinary dividends shall be at such
rate as the trustees shall determine, and if not withdrawn, shall be
treated as deposits and, in computing the dividend next following,
shall be considered as having been on deposit for the preceding divi-
dend period. If the by-laws of the corporation so provide, ordinary
dividends may be declared upon deposits of one, two, three, four or
five months' standing. Except in the case of a change in dividend
periods, no ordinary dividend shall be declared upon a deposit of less
than one month's standing, provided, however, that if the by-laws or
regulations of the corporation so provide, a deposit made on or before
the ninth day after the day on which deposits begin to draw dividends
or interest, as provided in the by-laws or regulations, or if such ninth
day be a Saturday, Sunday or legal holiday, on or before the next
business day succeeding such ninth day, and remaining on deposit
through the balance of the monthly period, may be construed as hav-
ing been on deposit one full month within the meaning of this section.
Approved March 3, 1959.
Chap. 90. An Act repealing the provisions of law prohibiting
THE taking of FISH FROM BIG HOMERS POND IN THE TOWN
OF WEST TISBURY OTHERWISE THAN BY MEANS OF FLY
FISHING.
Be it C7iacted, etc., as follows:
Chapter one hundred and fifty-seven of the acts of nineteen hundred
and forty-one is hereby repealed. Approved March 3, 1959.
Chap. 91. An Act to allow fire districts to purchase, operate
AND maintain AMBULANCES.
Be it enacted, etc., as follows:
Chapter 48 of the General Laws is hereby amended by striking out
section 69, as appearing in the Tercentenary Edition, and inserting in
place thereof the following section : — Section 69. Such districts may,
at meetings called therefor, raise money by taxation for the purchase
of engines and other articles necessary for the extinguishment of fires,
for hydrant and water service, for the purchase of land, for the erec-
tion and repairs of necessary buildings, for the erection and main-
tenance of street lamps within their limits, for the purchase, operation
and maintenance of ambulances, for the payment of a proper charge
of an insurance company for acting as surety on an official bond which
may be given to such district by any of its officers, and for other inci-
dental expenses of the fire dei)artment. The prudential committee of
such district may accei)t an insurance company as sufficient surety
upon such bond. Approved March 3, 1959.
Acts, 1959. — Chaps. 92, 93, 94, 95. 61
Chap. 92. Ax Act I'lnrniiou hix:ulatino kkal estate loans by
CREDIT UNIONS.
lie it enacted, etc., as follows:
The first paragraph of subdivision (B) of section 24 of chapter ]71
of the General Laws is hereby amended by striking out the third sen-
tence, inserted by chapter 122 of the acts of 1955, and inserting in
phice thereof the following sentence :- — xVny credit union having assets
of live hundred thousand dollars or more may loan upon any one par-
cel of real estate to an amount not exceeding fifteen thousand dollars,
and the total liability of any one member as borrower on loans so
secured shall not exceed thirty thousand dollars.
Approved March 3, 1959.
Chap. 93. An Act relative to the salaries of certain justices
OF certain district courts.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the ])rovisions of section three of
chapter six hundred and seventy-five of the acts of nineteen hundred
and fifty-eight any justice of any district court, other than the munici-
pal court of the city of Boston, who was appointed to said office be-
tween August first, nineteen hundred and fifty-eight and January
sixth, nineteen hundred and fifty-nine, both dates inclusive, shall re-
ceive such salary as is provided by sections seventy-seven A or seventy-
eight of chapter two hundred and eighteen of the General Laws, as
appearing in sections one and two, respectively, of said chapter six
hundred and seventy-five, or as from time to time hereafter amended.
Section 2. This act shall take effect as of August first, nineteen
hundred and fifty-eight. Approved March 3, 1959.
Chap. 94. An Act providing tenure of office for w^illiam m.
MCLAUGHLIN, INCUMBENT OF THE OFFICE OF PARKING
METER CO-ORDINATOR IN THE CITY OF CAMBRIDGE.
Be it enacted, etc., as follows:
Section 1. The tenure of office of AVilliam M. McLaughlin, incum-
bent of the office of parking meter co-ordinator in the city of Cam-
bridge, 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 the
city council of the city of Cambridge in accordance with the provisions
of its charter, but not otherwise. Approved March 5, 1959.
Chap. 95. An Act providing tenure of office for walter pel-
letier, the sergeant of police of the town of LAN-
caster.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Walter Pelletier, the incumbent
of the office of sergeant of police of the town of Lancaster, shall be
62 Acts, 1959. — Chaps. 96, 97.
unlimited. Said incumbent shall not be removed from office, lowered
in rank or suspended, except for just cause and for reasons specifically
given him in writing by the board of selectmen.
Section 2. This act shall be submitted to the voters of the town of
Lancaster at the annual town meeting 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 for the election of town officers at said meet-
ing: — "Shall an act passed by the General Court in the year nineteen
hundred and fifty-nine, entitled 'An Act providing tenure of office for
Walter Pelletier, the sergeant of police of the town of Lancaster', be
accepted!" If a majority of the votes east in answer to said question
is in the affirmative, this act shall take full efl'ect.
Approved March 5, 1959.
Chap. 96. An Ait cLAKiKVixf; tiik law kkqi-iring the coMisroN-
WEALTH TO I'UHCIIASE MEATS AND MEAT PROVISIONS FROM
SUCH ESTABLISHMENTS ONLY AS PAY THE PREVAILING RATE
OF WAGES.
V/liercas, The deferred operation of this act would tend to defeat
its purpose, which is to m;ike its clarifying provisions effective forth-
with, therei:'ore it is hereby declared to be an emergency law, necessary
for the immediate preservation of the public safet}^ and convenience.
Be it enacted, etc., as follows:
Clause (18) of section 22 of chapter 7 of the General Laws, added
by chapter 727 of the acts of 1955, is hereby amended by striking out,
in lines 17, 29 and 35, the words "this section" and inserting in place
thereof, in each instance, the words: — clause (18), — and by insert-
ing after the word "performance", in line 42, the words: — under
clause (18). Approved March 9, 1959.
Chap. 97. An Act providing unlimited tenure of office for ray-
NARD E. WHITCHER INCUMBENT OF THE OFFICE OF HIGHWAY
SUR\^YOR OF THE TOWN OK AUBURN.
Br it enacted, etc., as follows:
Section 1. The tenure of office of Raynard E. Whitcher, incum-
ment of the office of highway surveyor of the town of Auburn, shall,
upon the effective date of this act, be unlimited, but he may be re-
moved therefrom for cause after hearing in the manner provided \>y
section forty-three of chapter thirtj^-one of the General Laws.
Section 2. This act shall be submitted to the voters of said town
at the next annual 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-nine, entitled, 'An Act
providing unlimited tenure of office for Kaynard E. Whitcher, incum-
bent of the office of highway surveyor of the town of Auburn', be
accepted?" If a majority of the votes in answer to said question is
in the affirmative, this act shall thereupon take full effect, but not
otherwise. Approved March 9, 1959.
Acts, 1959. - (Miaps. 9S, 99, 100. G!^
Chap. 98. Ax Act authohizing the selectmen of a town to make
AN investigation OF ANY TOWN DEPARTMENT.
Be it cnacUd, etc., as folhics:
Chapter 41 of the Ceiioral Laws is luTcliy ainciulcd by iuscrtinj^ after
section 23A, inserted by chapter 145 of tlie aets of li)o(i, the followinj^
section: — Section 23B. The sek^etnien of any town may make an
iiivestijratioii into the condnct and operation of any town depaiiiiieiit.
l'l)on eomjiletion of snch investi<ration a report shall be snbmittcd to
the town clt'rk and snch report shall be i)i-int('d in the amnud town
report. Approved March !), 1959.
Chap. 99. An Act relative to the approval of the emergency
FINANCE board OP CERTAIN INDEBTEDNESS OF CITIES AND
TOWNS.
Be it enacted, etc., as follows:
Section 10 of chapter 44 of the General Laws, as most recently
amended by chapter 56 of the acts of 1952, is hereby further amended
b}' striking out the second sentence and inserting in place thereof the
following sentence : — A city may authorize indebtedness in excess of
two and one half per cent but not in excess of five per cent, and a town
may authorize indebtednes.s in excess of five per cent but not in excess
of ten per cent, on the aforesaid average of the assessors' valuations of
the taxable property; provided, however, that the amount of indebted-
ness so authorized shall be subject to the approval of the emergency
finance board established under chapter forty-nine of the acts of
nineteen hundred and thirty-three, which approval may be given
fit her before or after such authorization.
Approved March 9, 1959.
Chap. 1 00 An Act providing life tenure for cecil deskin, the
PRESENT incumbent OP THE OFFICES OF ELECTION COMMIS-
SIONER AND SECRETARY TO THE BOARD OF ELECTION COM-
MISSIONERS IN THE CITY OF REVERE.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Cecil Deskin, the present in-
cumbent of the office of election commissioner of the city of Revere
who is also the i)resent incumbent of the office of secretary to the board
of election commissioners in said city shall be unlimited with respect
to both said offices. Said incumbent shall not be removed from the
said offices, lowered in rank or suspended, except in accordance with
the provisions of section fortj^-three of chapter thirty-one of the (len-
eral Laws.
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 9, 1959,
64 Acts, 1959. — Chaps. 101, 1U2, 103.
Chap. 101. An Act relative to the assessment of the costs op
CERTAIN SEWERS OP THE SEWERAGE SYSTEM IN THE TOWN
OF ANDOVER.
Be it enacted, etc., as follows:
The last sentence of section 11 of chapter 386 of the acts of 1895 is
hereby amended by inserting after the word "street", in line 5, the
words : — , except when a connection which benefits the estate is made
to such a sewer, — so as to read as follows: — When a sewer has been
built running through land other than a street no assessment shall be
made as to said land abutting on said sewer until that part thereof
occui)i('d by the sewer has been laid out as a street, except when a con-
nection wliich benefits the estate is made to such a sewer.
Approved March 9, 1959.
Chap. 102. An Act authorizing credit unions to make certain
CONSTRUCTION MORTGAGE LOANS ON REAL ESTATE.
Be it enacted, etc., as follows:
Paragraph 3 of subdivision (B) of section 24 of chapter 171 of the
General Laws, as amended by section 1 of chapter 105 of the acts of
1952, is hereby further amended by adding at the end the following
sentence : — With the prior written approval of the commissioner of
banks, a credit union may make construction mortgage loans on real
estate with respect to any of the types of real estate mortgage loans
authorized by this chapter. Approved March 9, 1959.
Chap. 103. An Act providing that compensation of employees of
THE public works DEPARTMENT OF THE CITY OF MALDEN
SHALL BE ESTABLISHED BY THE CITY COUNCIL.
Be it enacted, etc., as follows:
Section 1. Chapter 384 of the acts of 1954 is hereby amended by
striking out section 2, as amended by section 1 of chaj:)ter 110 of the
acts of 1955, and inserting in place thereof the following section : — •
Sectio7i 2. All the powers, duties, facilities, properties and appropri-
ations now or from time to time vested by law or ordinances of the city
in the street and water commission, park commission, board of survey,
city forester and city engineer of the said city shall vest in and be
exercised and performed by the public works commission after the
appointment and qualification of its members, provided, however, that
the compensation of all the employees of the public works dejiartment
shall be fixed by ordinance by the city council, notwithstanding the
provisions of any general or special law to the contrary. The commis-
sion shall have the powers of the board of aldermen under and subject
to the provisions of chapter forty, section fourteen, of the General
Laws to purchase or take by eminent domain under chapter seventy-
nine of the General Laws any land, easement or right therein for the
purpose of carrying out any of its powers or duties. Upon the appoint-
ment and qualification of the public works commission as aforesaid,
the street and water commission, the park commission, the board of
Acts, 1959. — Chaps. KM, 105. 65
sui-vcy, and llu' uflirc oi' tlu' rily roivstcr shuU UK'rcui)uii be; abolished.
;Sl:ctio.\ 2. 'I'lus act sliall lake i'ull elTeel ui)ou ils aei-epLaiice by
vole of llie cily council of the city of Maiden, subject to the provisions
of its charter, but not otlieru ise. Approved Marcli 'J, 1959.
Chap. 104. Ax Act ai tiioki/.ing thk city of melrose to make
TE.Ml^OKAKY UEl'AlliS OX CEUTAIN I'KIVATE VVAVS WITHOUT
OBTAINING INDEMNIFICATION AQKEEAIEXTS.
lie it ( itdeted, etc., us folloirs:
So much of section six G of chapter forty of the (Jenerul Ijaws as
provides that temporary repairs on private ways shall not be under-
taken unless and until the mayor and city council have in their posses-
sion agreements executed by all abutting owners to release and save
the city harmless on account of any damage whatever caused by such
repairs, shall not apply to such repairs undertaken by the city of
Melrose under the i)rovisions of said section six 0.
Approved March 9, 1959.
Chap. 105, An Act relative to procedure for the foreclosure of
aiORTGAGES UNDER THE SOLDIERS ' AND SAILORS ' CIVIL RE-
LIEF ACT.
Be it enacted, etc., as follows:
Section 1. The form of notice in section 1 of chapter 57 of the
acts of 194o is hereby amended by striking out the salutation or greet-
ing and inserting in place thereof the following : —
'Jo (insert the names of all defendants named in the bill) and to all
persons entitled to the benefit of the Soldiers' and Sailors' Ciuii
Relief Act of 1940 as amended:
Section 2. Said section 1 of said chapter 57 is hereby further
amended by adding at the end the following paragraph : —
In proceedings under this section, no person who is not entitled to
the benefit of the Soldiers' and Sailors' Civil Relief Act of 1940 as
amended, with respect to the mortgage, trust deed or other security
described in the bill whether named as a defendant in the bill or not
shall be entitled to appear or be heard in such proceeding except on
behalf of a person so entitled, or unless an affidavit by the claimant,
or a certificate by counsel appearing for him, stating that he is in the
service and thus entitled to the benefit of the act, is filed with the
a|)pearanees. Such proceedings shall be limited to the issues of the
existence of such persons and their rights, if any.
Approved March 9, 1959.
The Commonwealth of Massachusetts,
Executive Department, State House,
Boston, March 20, 1959.
The Honorable Joseph D. Ward, Secretary of tlte Comnionwealth,
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
66 Acts, 1959. — Chaps. 106, 107.
Referendiim 11, Einergeucy Measures, hereby declare iu my opinion
the immediate preservation of the public convenience requires that the
law being Chapter 105 of the Acts of 1959, entitled, "An Act Relative
to Procedure for the Foreclosure of Mortgages under the Soldiers' and
Sailors' Civil Relief Act," and the enactment of which received my
approval on March 9, 1959, should take effect forthwith.
I further declare that in mj' 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 Avliich is to immediately preserve the rights of cer-
tain individuals in connection with the foreclosure of mortgages under
the Soldiers' and Sailors' Civil Relief Act.
Very truly yours,
Foster Furcolo,
Governor of the Commonwealth.
Office of the Secretary, Boston, March 20, 1959.
I, Joseph D. Ward, Secretary of the Commonwealth, hereby certify
that the accompanying statement was filed in this office by His Ex-
cellency the Governor of the Commonwealth of Massachusetts at four
o'clock and forty-three minutes, P.M., on the above date, and in
accordance with Article Forty-eight of the Amendments to the Con-
stitution said chapter takes effect forthwith, being chapter one hun-
dred and five of the acts of nineteen hundred and fifty-nine.
Joseph D. "Ward,
Secretary of the Commonwealth.
Chap. 106. An Act to extend the time within which counties,
CITIES, TOWNS and DISTRICTS MAY INCUR DEBT TO SECURE
THE BENEFITS PROVIDED BY THE FEDERAL GOVERNMENT TO
ASSIST THEM IN PUBLIC WORKS PROJECTS.
Be it enacted, etc., as follows:
Section 6 of chapter 74 of the acts of 1945, as most recently amended
by chapter 222 of the acts of 1957, is herebj' further amended by
striking out, in line 3, the word "fifty-nine" and inserting in place
thereof the word: — sixty-one, — so as to read as ioUows:— Section 6.
Loans by counties, cities, towns and districts may be authorized under
the provisions of this act until July first, nineteen hundred and sixty-
one. Approved March 9, 1959.
Chap. 107. An Act increasing the penalty imposed for the im-
proper DISPOSAL of containers USED FOR REFRIQERATIVE
PURPOSES.
Be it enacted, etc., as follows:
Section 46 of chapter 271 of the General Laws, as most recently
amended by chapter 604 of the acts of 1958, is hereby further amended
by striking out, in line 5, the word "hundred" and inserting in place
thereof the word:- — thousand, — so as to read as follows: — Section 46.
Acts, 1959. — Chaivs. 108, 109. 67
Whoever discards or sets aside for failure to use a (ioutaiiier originally
used for rofrijjerativc ])urposes without first reniovinjj^ the door or
doors, unless the container may he easily oj')onod fi-om tlie inside, shall
bo punished by a fine of not more than one thousand dollars.
Approved March 9, 1959.
Chap. 108. Ax Act further regulating real estate loans by co-
operative BANKS.
Be if evaded, etc., as follows:
Section 1. Section 24 of chapter 170 of the General Laws is here-
by amended by striking out subsection 3, as amended by section 2 of
chapter 118 of the acts of l!)o5, and inserting in place thereof the
following subsection : —
3. Except as otherwise provided by law, the amount of any loan
when made or acquired shall not exceed eighty per cent of the value
of the mortgaged property as certified by the security committee ; pro-
vided, that the amount of any loan made for a term to exceed twenty
years shall not exceed seventy-five per cent of the value of the mort-
gaged propertj^ as certified by the security committee.
Section 2. Said section 24 of said chapter 170 is hereby further
amended by striking out subsection 4, as most recently amended by
chapter 96 of the acts of 1958, and inserting in place thereof the fol-
lowing 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
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-five
per cent of the value of the mortgaged property as certified by the
security committee. Approved March 9, 1959.
Chap. 109. An Act requiring a certain notice to be given in
connection w^itii the preparation and transmission
of papers submitted to the supreme judicial court
in appellate proceedings.
Be it enacted, etc., as follows:
The last paragraph of section 135 of chai)ter 231 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 :— In order to carry any question of law from the
supreme judicial court when held by a single justice or from any other
court to the full court of the supreme judicial court upon appeal,
exception, reservation, report or otherwise as authorized by law, the
party having the obligation to cause the necessary paj)ers hereinbefore
68 Acts, 1959. — Chaps. 110, 111, 112.
specified to be prepared shall give to the clerk, recorder, register or
other appropriate official of the court in which the case is pending,
within ten days after such party has been notified by such clerk,
recorder, register or official tliat the case has become ripe for final
preparation and printing of the record for the full court, an order in
writing for tlic prcjiaration of sucli papers and copies of papers for
transmission to the full court of tlie supreme judicial court.
Approved March 9, 1959.
Chap. no. An Act graxting unlimited tenure of office to the
PRESENT incumbent OF THE OFFICE OF COMMISSIONER OF
PIIRLIC HEALTH OF THE CTTV OF QT'INCY UNTIL HE ATTAINS
THE AGE OF SEVENTY.
]ir it ()\(icl((J. (((•., as follows:
Section 1. Tlie lenurc of office of the present iMcnnihent of the
office of commissioner of public health of the city of Quincy sliall be
unlimited until he attains age seventy and he shall not be removed,
lowered in rank or suspended except in compliance with section fortj''-
three of chapter thirty-one of the General Laws.
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 9, 1959.
Chap, m . An Act providing tenure for certain hospital and
INFIRMARY EMPLOYEES IN THE CITV OF FALL RIVER.
Be it enacted, etc., as follows:
Section 1. No person employed in the Pall River General Hospi-
tal or the Bayside City Home and Infirmary, except an employee, other
than a nurse, rendering professional service, who is not classified
under chapter thirty-one of the General Laws, shall after having
actually performed the duties of the office or position for a period of
six months in the above named hospital or home, be discharged,
removed, suspended, laid off, transferred from the latest office or em-
ployment lield by liim witliout his consent, lowei'cd in rank or com-
])ensation, nor shall his office or })osition be abolished, except for just
cause and in the manner provided by section forty-three of said chapter
thirty-one.
Section 2. Tliis act shall take effect upon its acceptance hy the
city council and the mayor of said city in accordance with the provi-
sions of its charter, but not otherwise. Approved March 9, 1959.
Chap. 112. An Act relative to the appoixtment of substitutes
FOR certain city OFFICIAL-^ L\' FALL RIVER.
Be it enacted, etc., as follows:
Section ]. Section 1 of chapter 80 of the at-ts of 1920 is hereby
amended by strikiiig out, in line '2, the word "male", — so as to read
Acts, 1959. — ( 'iim's. 11:;, 111. 09
.'IS foINnvs: — Srcfio)! I. Tlir cily treasurer and llic ('it\' colloctor of
tilt' [■\\y of Fall Kivor shall (nicIi appoint one of tlicii- dorks as assistant
li-casurer and assistant collciloi-. rosjieet ivol>'. 'i'lie said assistants
shall, in cases whitdi will not admit of delay, ])erfonn the duties and
exercise the authority imposed or conferred by law or ordiuance upon
their respective chiefs, in case of their absence or disability, or of a
vacancy iu the office.
Section 2. This act shall tak(^ etTed upou its aeceptauce by the
city couucil of said city subject to the provi.sious of its charter, but
not otherwise. Approved March .0, 1959.
Chap. 113. A\ \r-\' ATTIIOiUZINC CITIES AND TOWNS TO APPROPRIATK
MONEY KOR THE TRANSPORTATION OF OROTIPR COiMPOSED OF
PUBLIC SCHOOL PUPILS WHICH TUvAR THE SCHOOL NA^ME
AND ARE TTXDER THE CONTF^'OL OI'^ THE SCIUVU; COMMITTEE.
/>V // niact(<l, lie, (IS ftilloivs:
Section -17 of cliajMer 71 of the General Laws, as most recently
amended by chapter 271 of the acts of 1954, is hereby further amended
by strikini^: out the fourth sentence and insertin<Tf in jilace thereof the
following sentence : — Cities and towns may a])propriate for the em-
ployment of coaches to supervise in public schools physical traininj^
and exercises, athletics, sports, games and play, and for the transporta-
tion of public school athletic teams, coaches, cheerleaders, bands and
any other groups composed of public school pupils which bear the
school name and are under the control of the school committee, within
and without the commouAvealth to places where athletic contests or
physical exercises, sports, games, play, musical festivals, competitions
or other events are held, and for the purchase of luiiforms and musical
instruments for the members of bands composed of public school
juipils and bearing the school name and under the control of the school
committee. Approved March 9, 1959.
Chap. 114. An Act authorizing the town of watertov/n to pay
A CERTALX UNI'AID BILL TO LEROY C. TITUS.
He it ciinctrd, etc., as follows:
For the purpose of discharging a moral obligation, the town of
Watertown is hereby authorized to appropriate money for the ])ayment
of, and after such appropriation the treasurer of said town is hereby
authorized to ])ay, an unpaid bill incurred by said town in the amount
of two thousand, one hundred and twelve dollars and seventy-six
cents, to fjeroy C. Titus, contractor, for services rendered and mate-
rials supplied to said town in the year nineteen hundred and fifty-
eight, which bill is legally unenforceable against said town by reason
of said services and materials not having been engaged pursuant to
j)rovisions of the General Laws and town by-laws and having been
incurred in the absence of available appropriations.
Approved March 9, 1959.
70 Acts, 1959. — Chaps. 115, 116, 117.
Chap. 115. An Act providing that persons over forty-five years
OF AGE SHALL NOT BE ELIGIBLE FOR EXAMINATION FOR AP-
POINTMENT AS A DETECTIVE IN THE DIVISION OF STATE
POLICE.
Be it enacted, etc., as follows:
The first paragraph of section 20 of chapter 31 of the General Laws,
as appearing in section 1 of chapter 354 of the acts of 1947, is hereby
ainoiided by adding at the end the following sentence : — No person
shall be eligible to take any examination for appointment as a detective
in tlie division of state police who on the date of such examination is
over forty-five years of age. Approved March 9, 1959.
Chap. 116. An Act increasing the net surplus which the lunen-
BURG WATER DISTRICT OF LUNENBURG MAY ACCUMULATE
BEFORE REDUCING THE WATER RATES.
Be it enacted, etc., as follows:
Section 1. Section 10 of chapter 17 of the acts of 1939 is hereby
amended by striking out, in line 11, the word "three" and inserting
in place thereof the word : — five, — so as to read as follows : — Section
10. Said board of w-ater commissioners shall fix just and equitable
prices and rates for the use of water, and shall prescribe the time and
manner of payment. The income of the water works shall be appro-
priated to defray all operating expenses, interest charges and pay-
ments on the principal as they shall accrue upon any bonds or notes
issued under authority of this act. If there should be a net surplus
remaining after providing for the aforesaid charges, it may be appro-
priated for such new construction as said water commissioners may
recommend, and in case a surplus exceeding five thousand dollars
should remain after payment for such new construction the water
rates shall be reduced proportionately. Said water commissioners
shall annually, and as often as the district may require, render a re-
port upon the condition of the works under tlieir charge, and an
account of their doings, including an account of receipts and expen-
ditures.
Section 2. This act sliall take effect upon its acceptance by a
majority of the voters of the Lunenburg Water District of Lunenl)urg
present and voting thereon at a meeting called for that purpose.
Approved March 9, 1959.
Chap. 117. An Act providing for the removal of certain persons
REFUSING appointment AS PERMANENT FULL TIME JUNIOR
BUILDING CUSTODIANS IN THE SCHOOL DEPARTMENT OF THE
CITY OF EVERETT.
Be it enacted, etc., as folloivs:
Section 1. Notwitlistanding any i)rovisions of law to the contrary,
anj'' permanent interjuittent junior building custodian in the school
department of the city of Everett, except one serving in the military
or naval service at the time of civil service certification, who refuses
Acts, 1959. — Chaps. 1J8, 119. 71
to accept appointiuoiit as a peniiaucut i"ull time junior building cus-
todian in said school department on the occasion of three separate
certifications after July lirst, nineteen hundred and fifty-nine shall be
ineligible for further certilication, and shall thereupon cease to be a
permanent intermittent junior building custodian. The appointing
officer shall forward to the director of the division of civil service a)id
to the i)ermanent intermittent junior building custodian affected a
notification of the termination of the service of such permanent inter-
mittent junior building custodian, setting forth the occasion of each
refusal ami the date upon whicli the sei-vices of such permanent inter-
mittent junior building custodian ceased.
Section 2. The provisions of this act shall not apply to any person
holding elective office in the city of Everett until the expiration of the
term for which he was elected.
Section 3. This act shall take effect upon its acceptance by the
school committee of the city of Everett and by the city council of said
city, subject to the provisions of its charter, but not otherwise.
Approved March 9, 1959.
Chap. 118. An Act reducing the period between the time of fil-
ing OF NOTICE OF INTENTION OF MARRIAGE AND MARRIAGE
FROM FIVE TO THREE DAYS.
Be it enacted, etc., as follows:
Section 1. Chapter 207 of the General Laws is hereby amended by
striking out section 19, as amended by section 41 of chapter 550 of
the acts of 1948, and inserting in place thereof the following section : —
Section 19. Persons intending to be joined in marriage in the com-
monwealth shall, not less than three days before their marriage, cause
notice of their intention to be filed in the office of the clerk or registrar
of the city or town where each of them dwells, or, if they do not dwell
within the commonwealth, in the office of the clerk or registrar of the
city or town where they propose to have the marriage solemnized and
pay the fee provided by clause (42) of section thirty-four of chapter
two hundred and sixty-two. In computing the three day period
specified in this section and in determining the third day referred to
in section twenty-eight, Sundays and holidays shall be counted.
Section 2. Section 28 of said chapter 207, as amended by section 2
of chapter 601 of the acts of 1941, is hereby further amended by
striking out, in line 1, the word "fifth" and inserting in place thereof
the word : — third. Approved March 9, 1959.
Chap. 119. Ax Act authorizing the town of wrentham to re-
ceive AND ADMINISTER THE PROPERTY OF THE SHKLDON-
VILLE CEMETERY CORPORATION IN SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The Sheldonville Cemetery Corporation, a corporation
duly incorporated by law and situated in the town of Wrentham,
hereinafter called the corporation, may, by deed duly executed, con-
vey and transfer to said town, and said town is hereby authorized and
72 Acts, 1959. — Chap. 120.
empowered to receive, and thereafter to hold uiid inaiiitaiii, but for
cemetery purposes only, and subject to all rights heretofore existing
in any burial lots, the real and personal property of the corporation
not subject to any trust, and thereupon, and upon the transfer of the
trust funds as hereinafter ])rovided, the corporation sliall be dis-
solved; and the cemetery of the corporation siiall be and become a
public burial place, grounds or cemetery.
Section 2. In so far as authorized by a decree of a court of com-
petent jurisdiction and in compliance with the terms and conditions
of sucii decree, said town uiay receive from the corporation a convey-
ance and transfer of, and administer, all funds or other i)roperty
held by the cori)oration in trust for the perpetual care oL* the lots in
its eemetery and for other ])ur])()ses, and also any j)ro])erty devised or
bequeathed to the corporation under the will of any i)erson living at
the time of said transfer or conveyance or under the will of any de-
ceased person not then probated. Interest and dividends, accruing on
funds deposited in trust with anj^ savings bank, under authority of
section twenty-five of chapter one hundred and sixty-eight of the
(Jeneral Laws, or with any other banking institution, for the benefit
of the corporation, or of any lots in its cemetery, may, after such con-
veyance, 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,
ac(iuired by said town from the corporation under authority of section
one 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 wliich any
persons have acquired in the cemetery of the corporation, or any lots
liierein, shall remain in force to the same extent as if this act had not
been pas.sed and such transfer had not occurred. The records of the
corporation shall be delivered to the clerk of said town, and such
clerk may certify copies thereof.
Section 4. This act shall take effect upon its aceej^tanee by a
majority vote of the voters of the town of Wrentham voting thereon at
a regular or si)ecial town meeting, but not otherwise.
Appro oed March 9, 1959.
Chap. 120. An Act increasing the amount of pension of certain
RETIRED POLICE OFFICERS AND FIRE FIGHTERS WHO HAD NOT
ATTAINED AGE SIXTY AT THE TIME OF RETIREMENT.
Be it enacted, etc., as follows:
Section 1. The amount of pension of every retired police officer
and fire fighter who at the time of his retirement had at least twenty
years of creditable service shall be increased by tliree hundred dollars;
provided, however, that the total annual amount of any such pension
as so increased shall not exceed twenty-five hundred dollars, and pro-
vided, further, that wo pension increase shall be paid under this act to
any police officer or fire fighter who is eligible for, or who has received
a pension increase under the lu-ovisions of cha]iter four hundred and
twenty-seven of the acts of nineteen hundred and fifty-seven.
Acts, 195!). — Ciiai's. li^l, I'Ji!. 7^
Skctiox "_'. Tins ;iri shall lake ('frccl iii)()ii its arct'plaiu'c in a city
havinj; a Plan D or i'laii E cJiarier by the allinuative vote oL' a majority
of all the ineiul)(M-s of the city council; in a city not haviii.t^ sucli a
charter by vote of the cily council, subject to the provisions of tlie
charter of such city; and in a town by a majorily vote at a town
nieetino:. Approved March 13, 1!)5D.
Chap. 121. Ax Act authorizing advance payments to certain em-
I-LOYEES OF CITIES, TOWNS OR COUNTIES WHO ARE ELIGIBLE
FOR RETIRE JIENT.
Be it enacted, etc., as follows:
Chapter 32 of the General La^vs is hereby amended by insert ing
after section 98, inserted by chapter 403 of tlie acts of 1*J58, the fol-
lowing section: — Section 99. The treasurer of any city, town or
count.y which accepts this section may make advance payments in an
amount not to exceed any retirement allowance actually due to em-
ployees of such cit}-, towai or county who are eligible for, and who have
filed api)lications for, retirement, during such period as is necessary
for the processing of such applications for retirement, and shall estal)-
lish rules and regulations governing such payments.
Tliis section shall take eifect upon its acceptance in a city by vote of
the city council, subject to the provisions of its charter; in a town by
vote of the voters at a \o^x\\ meeting; and in a county by vote of the
county connnissioners. Approveel March. 13, 1959.
Chap. 122. Ax Act authorizing trustees of the American col-
lege FOR girls at ISTANBUL IN TURKEY TO MERGE OR CON-
SOLIDATE with THE TRUSTEES OF ROBERT COLLEGE OF
ISTAX^iUL.
Be it enacted, etc., as foUoics:
Section 1. In so far as it may be competent on the part of the
commonwealth so to do Trustees of the American College for Girls at
Istanbul in Turkey, incorporated by chapter two hundred and forty-
nine of the acts of nineteen hundred and eight, and the name of said
corporation changed on December fifth, nineteen hundred and thirty-
two pursuant to the provisions of the General Laws, is hereby author-
ized to merge or consolidate with, and, as, if and when authorized 1)y
decree of the supreme judicial court of the commonwealth, to transfer
all of its real and personal property, including its trust funds which
are to remain subject to the trusts imposed thereon, to The Trustees
of Robert College of Istanbul, a charitable and educational corpora-
tion organized under the laws of tlie State of New York, upon the fol-
lowing terms and conditions: —
(1) Tliat said New York corporation agrees to maintain in Turke.y
a college or colleges and the preparatory school or schools in connec-
tion therewith for the education of lioys and girls, and in its discre-
tion a graduate school in Tui'key for boys or girls or both boys and
girls ;
74 Acts, 1959. — Chaps. 123, 124.
(2) That said Trustees of the American College for Girls at Istan-
bul in Turkey transfers all of its real and personal property, including
its trust funds which are to remain subject to the trusts imposed
thereon, upon such merger or consolidation to said New York corpora-
tion;
(3) That said New York corporation agrees that all property so
transferred shall be devoted solely to the use of those departments
of the colleges or schools operated in Turkey by said New York corpo-
ration as are concerned with the education of girls ;
(4) That said merger or consolidation and transfer to said New
York corporation is approved b}' the appropriate authority in the
State of New York.
Section 2. Upon the completion of such merger or consolidation
and said transfer the Trustees of the American College for Girls at
Istanbul in Turkey shall be dissolved.
Section 3. Upon the completion of such merger or consolidation
and said transfer any bequests or devises now or hereafter made to
Trustees of the American College for Girls at Istanbul in Turkey
shall pass and belong to the said New York corporation or its succes-
sors, to be used for the education of girls; and so far as is necessarj''
for this purpose, the existence of Trustees of the American College
for Girls at Istanbul in Turkey shall be deemed to continue in and
through said The Trustees of Robert College of Istanbul.
Appi'oved March 13, 1959.
Chap. 123. An Act providing that if any part of a mandatory
MINIMUM FAIR WAGE ORDER IS HELD TO BE UNCONSTITU-
TIONAL THE REMAINING PARTS SHALL NOT BE AFFECTED
THEREBY.
Be it enacted, etc., as follows:
Section 14 of chapter 151 of the General Laws, as appearing in
section 1 of chapter 432 of the acts of 1947, is hereby amended by
adding at the end the following paragraph : — If any part of any man-
datory minimum fair wage order is .severable therefrom and if such
part is held to be invalid or unconstitutional the remaining parts of
said order shall not be affected thereby, but shall continue in effect
as if the part determined to be invalid or unconstitutional had not
been included therein. Approved March 13, 1959.
Chap. 124. An Act excluding town meeting members of the
TOWN of SHREWSBURY FROM THE LAW PROHIBITING AN OF-
FICIAL OF SAID TOWN FROM MAKING OR HAVING ANY IN-
TEREST IN ANY CONTRACT WaTH SAID TOW^N UNLESS HE
GIVES NOTICE THEREOF TO THE SELECTISIKNT AND THE TOWN
MAN.\GER.
Be it enacted, etc., as follows:
Section 1. Chapter 559 of the acts of 1953 is hereby amended by
striking out section 15 and inserting in place thereof the following
section : —
Acts, 1959. — Chap. ll>5. 75
Section 15. Certain OJJicers nut to make Contracts with the Town.
— it shall be iinhiwt'ul I'or any seleetiuau, tlio town niauager, or any
oilier elective or appointive oliieial of the town other than a town
meeting member, directly or indirectly, to make a contract with the
town, or to receive any commissions, discount, bonus, gift, contribu-
tion or reward from, or any share in the profits of, any person or
corporation making or performing such contract, unless the official
concerned, immediately upon learning of the existence of such con-
tract, or that such a contract is proposed, shall notify the scilectmen
and the town manager, by registei-ed nuiil, of the contract and of the
nature of his interest therein, and shall abstain from doing any official
act on behalf of the town in reference thereto. In case sucli interest
exists ou the part of an officer whose duty it is to make such a contract
on behalf of the town, the contract may be made by another officer of
the town duh' authorized thereto by vote of the selectmen. Violation
of any provision of this section shall render the contract in respect to
which such violation occurs voidable at the option of the towii. Any
person violating any provision of this section shall be punished by a
fine of not more than one thousand dollars, or by imprisonment for not
more than one year, or both.
Section 2. This act shall take full effect upon its acceptance by a
majority of the town meeting members of the town of Shrewsbury
present and voting thereon at a regular or special town meeting, but
not otherwise. Approved March 13, 1959.
Chap. 125. An Act relative to the sale, mortgage or lease of
REAL estate HELD BY AN ABSENTEE UNDER TENANCY BY
THE ENTIRETY.
Be it enacted, etc., as follows:
Section 1. Chapter 202 of the General Laws is hereby amended by
striking out section 36 and the caption preceding it, added by section 1
of chapter 418 of the acts of 1945, and inserting in place thereof
the following caption and section :— SALES, MORTGAOES AND
LEASES BY LEGAL REPRESENTATIVES OF CERTAIN PER-
SONS HOLDING REAL ESTATE UNDER TENANCIES BY THE
ENTIRETY. Section 36. On petition under any provision of this
chapter by a guardian or conservator of a ward who is a tenant by the
entirety of real estate or by a receiver, appointed under chapter two
hundred, of an absentee person who is such a tenant by the entirety,
for a license to sell, mortgage or lease such real estate, the probate
court may, if the other tenant by the entirety assents in writing,
authorize such guardian, conservator or receiver to join with such
other tenant by the entirety in the conveyance, mortgage or lease of
such real estate upon such terms as it may approve.
Section 2. Any license heretofore granted by a probate court to a
receiver of an absentee person who is a tenant by the entirety of real
estate to sell, mortgage or lease such real estate, and any conveyance,
mortgage or lease under authority thereof in which the other tenant by
tlie entirety joins or has joined, is hereby made valid, in so far as such
76 Acts, 1959. — Chap. 126.
license or eonveyaiiL-e, mortgage or lease may be invalid by reason of
any lack of power in such court to grant sucli a license.
Apprurcd March 13, 1959.
Chap. 126. An Act to consolidate old sturbridge, inc. and wells
HISTORICAL MUSEUM.
Be it enacted, etc., as fullows:
Section 1. Old Sturbridge, Inc., incorporated pursuant to the
provisions of chapter one hundred and eighty of the Ueueral Laws,
under the name of Quinebaug Village Corporation, the certificate of
incorporation of which is dated August eighth, nineteen hundred and
thirty-eight, and Wells Historical MiBseum, incorporated pursuant to
the provisions of said chapter one hundred and eighty of the General
Laws, the certiiicate of incorporation of which is dated December
sixth, nineteen hundred and thirty-five, are hereby authorized to
consolidate into one corporation under the name of Old Sturbridge,
Inc., which shall in all respects be a continuation of each of said
existing corporations and which shall have all corporate i:)owers now
provided to each of said existing corporations.
Section 2. Upon such consolidation, all property, real and per-
sonal, of said existing corporations and all devises, bequests, convey-
ances and gifts heretofore and hereafter made to any of said existing
corporations shall vest in said consolidated corporation and otherwise
shall be held by said consolidated corporation subject to the same
terms, conditions, limitations and trusts as they are now held by said
existing corporations or would have been held by said existing corpo-
rations but for this act, and the treasurers of said exist iug corpora-
tions are hereby respectively authorized to execute and deliver all
pai)ers and documents that may be deemed necessary or i)roper for
the purpose of confirming in the consolidated e(>r})oratioii tlie record
title to the property of the existing corporations.
Section 3. Upon such consolidation the members of the existing
corporations shall be the members of the consolidated corporation
until such time as the consolidated corporation nuiy by an amendment
to its by-laws alter its membership and the members of the governing
boai-d and officers of the existing Old Sturbridge, Lie. shall be until
their successors are chosen and qualifuMl the members of the govern-
ing board and officers of the consolidated corporation which shall,
except as herein provided, in respect to the initial membership, be
governed by the by-laws of said Old Sturbridge, Inc. as the same now
are or may hereafter be amended.
Section 4. Upon the acceptance of this act within one year after
its passage by Old Stnrbridge, Inc. and by Wells Historical Museum
pursuant to authorization at meetings duly called for the purpose
duly certified eoi)ies of the respective votes of acceptance shall be
filed in the Kegistrv of Deeds, Worcester District, for Worcester
County and the consolidation of the corporations shall thereui)on be
complete.
Section 5. Whatever right or anihorily is granted or conferred
bv this act is liei'eb\' declared to be limited to siieh antlioi'itv or I'itirht
Acts, 1959. — Chaps. 1i>7, 1:>S, IlM). 77
as tlk' <j:i'iUM-al court may coiistitutiuually ^-raiil oi- roiifci-, without
prejuclii-e to auy proin'Oiliufj: that may he iustitutccl in any court of
com]>ctcnt jui'isilictiou to oiroct tlie purposes of this act.
Approved Mdrcli /,V, 1959.
Chap. 127. An Act provumng for bi-partisan boards op registrars
OP VOTERS IN ALL CITIES AND TOWNS IN THE COMMON-
WEALTH.
!!( it t)iac(ci], lie, as follows:
Section 1. Section 10 of chai)ter 51. of the Ueueral Laws is hereby
repealed.
Section 2. Section 15 of said ciiapti-r 51, as appeai'iu!^ in the Ter-
centenary Edition, is hereby amended by striking out, in line 1, the
words "sections sixteen and" and inserting in place thereof the
word : - section. Approved March 13, 1959.
Chap. 128. An Act relative to the investment by insurance com-
panies in contractual obligations op the united
STATES OR OP any STATE THEREOF.
Be it enacted, etc., as follows:
Section 63 of chapter 175 of the General Laws is hereby amended
by striking out paragraph 1, as ar)pearing in the Tercentenary Edi-
tion, and inserting in place thereof the following paragraph: —
1. In the public funds of the United States or of the District of
Columbia or of any state of the United States ; or in bonds, notes, evi-
dences of indebtedness, or contractual obligations for the yjayment of
money made, issued, assumed or guaranteed by the United States of
America or any instrumentality thereof, or by any state of the United
States, including, notwithstanding other i)rovisions of this chapter,
joint, undivided or particij^ating interests therein pursuant to agree-
ment with the ol)ligor, other investors or a trustee.
Approved March 13, 1959.
Chap. 129. A\ Act authorizing the town op dalton to construct
AND OPERATE A SYSTEM OF SEWERS AND TO CONTRACT WITH
THE CITY OF PITTSFIELD FOR THE USE OF ITS SEWERASE
SYSTEM WHICH SAID CITY IS AUTHORIZED TO EXPAND.
Be it enacted, etc., as foUoirs:
Section 1. The town of Dalton may lay out, construct, maintain
and operate a system or systems of main drains and common sewers
for a part or the Avhole of its territory, with such connections and
other works as may be recpiired for a system of sewage disposal, and
may construct such sewers, drains, pumping stations, and force inains
in said town as may be necessary. The town may make and maintain,
in any way therein where common sewers are constructed, such con-
necting sewers within the limits of such way as may be necessary to
connect any estate whit^h abuts upon th<^ way.
78 Acts, 1959. — Chap. 129.
Section 2. The town of Daltou may enter into an agreement with
the city of Pittsfield for the joint use of the sewerage facilities of the
city of Pittsfield to receive and treat the sewage of the town of Dalton.
The city of Pittsfield is hereby authorized to construct such additional
facilities as may be required therefor and said town shall pay such
proportion of the cost of such construction and such annual charges
for the transportation and treatment of sewage as shall be mutually
agreed upon by the town of Dalton and the city of Pittsfield. If said
town or the city of Pittsfield shall be unable to agree as to the proper
and just sum or sums which shall be paid by the said town to the city
of Pittsfield, either party may petition the supreme judicial court,
who shall appoint three commissioners to determine the compensation,
subject to the approval of the court. Such compensation may consist
of a sum in gross, yearly payments, or a sum in gross and yearly pay-
ments to be made to the cit}' of Pittsfield as said commissioners ap-
pointed by the court or a majorit}^ of them, after acceptance of their
findings by the court, shall decide.
Section 3. Said town may, at the meeting when this act is ac-
cepted, vote that the selectmen shall act as a board of sewer commis-
sioners. If the town does not so vote at said meeting, the town shall
elect by ballot, at any town meeting not later than the second annual
meeting after the commencement of construction hereunder of a sys-
tem or systems of sewerage and sewage disi)osal, a board of three
sewer commissioners, who shall be citizens of the town, to hold office,
if elected at an annual meeting, one until the expiration of one year,
one until the expiration of two years, and one until the expiration of
three years, from such annual town meeting, and until their succes-
sors are qualified, or, if elected at a special meeting, one until the
expiration of one year, one until the expiration of two years, and one
uiitil the expiration of three years from the next succeeding annual
town meeting, and until their successors are qualified, and thereafter,
at each annual town meeting the town shall elect one member of the
board to serve for three years and until his successor is qualified.
Any selectman shall be eligible to election to said board. In either
case, whether the town votes that its selectmen shall act as a board of
sewer commissioners, or elects a board of sewer commissioners, the
town may at an.y time thereafter, by any or all the methods permitted
by general law, provide for the election of a board of three sewer
commissioners, or that the selectmen may act as a board of sewer com-
missioners, as the case may be.
Section 4. Until the board of sewer commissioners has first been
elected as provided in this act or the selectmen have first been author-
ized by vote to act as such board, as the case may be, but not in any
event later than the second annual meeting after the commencement
of the work of eojistruction authorized hereby, said town may carry
on such work by a duly authorized committee of the town. The com-
mittee shall serve without pay and shall have all the powers and
authority given to the board of sewer commissioners in this act or by
general law. Whenever the phrase "said board of sewer commis-
sioners" or "said board" hereinafter occurs, it shall mean and include
the board of sewer commissioners, the selectmen acting as such or the
committee of the town provided for in tliis section, as the ease may be.
Acts, 1959. — Chap. 129. 79
Skc'imon 5. Said board oL' sewer oommissioners, acting for and on
l)ehall" of said town, ma}^ take by eminent domain under chapter sev-
enty-nine of tlie General Laws, or acquire by purchase or otlierwise,
any lands, water rights, rights-of-way or easements, public or private,
in said town, necessary for accomplishing any purpose mentioned in
this act, and may construct such sewers under or over any bridge,
railroad, railway, boulevard or other public way, or within the loca-
tion of any railroad, and may enter upon and dig up any private land,
l)til)lic way or railroad location, for the purpose of laying such sewers
aiul 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, and that
thej' shall not enter upon or construct any sewer within the location
of any railroad corporation except at such time and in such manner
as they may agree upon Avith such corporation, or, in case of failure
to agree, as may be approved by the department of public utilities.
Section 6. Any person injured in his proi)erty by any action of
said board of sewer commissioners under this act may recover damages
from said town under chapter seventj^-nine of the General Laws.
Section 7. Said tow^n shall, by vote, determine whether it shall
pay the whole or a portion of the cost of said system or systems of
sewerage and sewage disposal and if a portion, what proportion. If
the town votes to pay less than the whole cost, in providing for the
paj-ment of the remaining portion of the cost of said system or systems
the town may avail itself of any or all of the methods permitted by
General Laws, and the provisions of said General Laws relative to the
assessment, apportionment, division, reassessment, abatement and col-
lection of sewer assessments, to liens therefor and to interest thereon,
shall apply to assessments made under this act, except that interest
shall be at the rate of four per cent per annum. At the same meeting
at which it determines that any portion of the cost is to be borne by
the town, it may by vote determine by which of such methods the
remaining portion of said cost shall be provided for. The collector of
taxes of said town shall certify the paj^ment or payments of such
assessments, or apportionments thereof to the sewer commissioners, or
to the selectmen acting as such, who shall preserve a record thereof.
Section 8. For the purpose of paying the necessary expenses and
liabilities incurred under this act, said town may from time to time,
within five years after the passage of this act, borrow such sums as
may be necessary, not exceeding, in the aggregate, nine hundred fifty
thousand dollars, and may issue bonds or notes therefor which shall
bear on their face the words Dalton Sewerage Loan, Act of 1959. Each
authorized issue shall constitute a separate loan and such loans shall
be payable in not more than thirty years from their dates. Indebted-
ness incurred under this act shall be in excess of the statutory limit,
but shall, except as provided herein, be subject to chapter forty-four
of the General Laws.
Section 9. The receipts from sewer assessments and from pay-
ments made in lieu thereof shall be applied to the payment of charges
and expenses incident to the maintenance and operation of said sys-
tem or systems of sewerage and sewage disposal or to the extension
thereof, to the payment of interest upon bonds or notes i.ssued for
8U Acts, 1959. — Chap. 129.
sewer purposes or to the payment or redemption of such bonds or notes.
Section 10. Said board of sewer commissioners maj^ annually ap-
point a clerk and ma.y appoint a superintendent of sewers who shall
not be a member of tlic board, and shall define their duties. It may
remove the clerk or superintendent at its pleasure. Said board may,
in its discretion, prescribe for the users of said .sewer system or sys-
tems such annual rentals or charges based on the benefits derived
therefrom as it may deem proper, subject, however, to such rules and
regulations as may be fixed by vote of the town.
Skction 11. All contracts made by the board of server commis-
sioners shall be made in the name of the town and shall be signed by
the board, but no contract shall be made or obligations incurred by
said board for any purpose in excess of the amount of money ap-
propriated therefor bj' the town.
Section 12. The board of sewer commissioners maj^ from time to
time, prescribe rules and regulations for the connection of estates and
buildings with sewers, and for inspection of the materials, the con-
struction, alteration and use of all connections entering into such
sewers, and may prescribe penalties, not exceeding twenty dollars, for
each violation of any such rule or regulation. Such rules and regula-
tions shall be published at least once a week for thi-ee .successive weeks
in some newspaper published in the town if there be any, and if not,
then in some newspaper published in Pittsfield, and shall not take
effect until such publications have been made.
Section 13. For the purposes of this act the city of Pittsfield
may, from time to time, within five years after the passage of this act,
borrow such sums as may be necessary, not exceeding in the aggregate
five million dollars, and may issue bonds or notes therefor which shall
bear on the face thereof the words Pittsfield Sewerage Loan, Act of
1959. Each authorized issue shall constitute a separate loan, and such
loans shall be payable in not more than thirty .years from their dates.
Indebtedjiess incurred under this act shall be in excess of the statu-
tory limit, but shall, except as provided herein, be subject to chapter
forty-four of the General Laws.
The city council of said city shall, by vote, determine what propor-
tion said city shall pay of the cost of the construction, maintenance
and operation of that portion of such .sewerage works constructed
within the limits of said city. If the city votes to pay less than the
whole cost, in providing for the payment of the remaining portion of
the cost of said works the city may avail itself of any or all of the
methods permitted by the General Ijaws, and the provisions of the
said General Laws relative to the assessment, apportionment, division,
reassessment, abatement and collection of sewer assessments, to liens
therefor and to interest thereon, shall apply to assessments nuide under
this act, except that interest shall be at the rate of four per cent per
annum. Notwithstanding the provisions of section twenty-three of
chapter eighty-three of the General Laws, the city may assess any
part or all of the cost of common sewers as a betterment assessment
agHJnst tlip abutting ])rn]ierties. At the same meeting at which the
city council determines the iiroportion of the cost which is to be ])orne
})y the city, or at a snbse(pient meeting, it shall by vote determine by
which of such methods the remaining ])ortion of said cost shall be
Acts, 1959. — Chars. J:^0, 131. 81
pi-(ni(i(Ml. The collcrior of taxi's of said city shall certify the pay-
iiuMits of sucli assessments or apportionineuls tliereof to the depart-
ment of public works of said city, whicli shall preserve a record tliereof.
ISEt'Tiox 14. No act sliall be done under autliority of tlie prec<>din<?
sections except in the nudviny: of surveys and other })reliniinary in-
vest i<:a1 ions, until the phin for said system or systems of sewerage and
sewage disposal has been approved bv tlie state department of public
health.
Section 35. This act shall take full elfect upon its acceptance by
a majority of the voters of the said town of Dalton votiug thereon at
an aniuud town meeting or a special town meeting called for the pur-
jiose witliiu four years after its passage, and by accei)tance by the city
council of rittsfield within four yeai's of its passage. No expendi-
ture shall be made aud no liability incurred herenuder until such
acceptance. Approved March 13, 1959.
Chap. 130. Ax Act authorizing medical service corporations to
CONTRACT AND PAV FOR CERTAIN MEDICAL AND SURGICAL
SERVICES OF CHIROPODISTS.
Be it enacted, etc., as follows:
Chapter 176B of the General Laws is hereby amended by striking
out section 4, as amended b.y chapter 472 of the acts of 1950, and in-
serting in place thereof the following section : — Section. 4. Any medi-
cal service corporation may enter into contracts with its subscribers
and with participating physicians, dentists and chiropodists ( podi-
atrists), licensed under the laws of the connnonwealth for such medi-
cal and surgical services as may lawfully be rendered by them to the
subscribers and may pay for such services. A contract with a sub-
scriber may provide for the medical and surgical care of any depend-
ents of the subscriber named therein. The form of subscription
certificate and of agreement Avitli participating physicians, dentists
and chiropodists (podiatrists), the rates cliarged by such corporation
to the sul)scribers and the rates at which participating physicians,
dentists and chiropodists (podiatrists) are compensated for their serv-
ices to the subscribers or to covered dependents, shall at all times be
subject to the written approval of the commissioner. Acquisition
costs in connection with the solicitation of subs^i-ib^rs and costs of
administration shall at all times be limited to such amounts as the
commissioner shall a])prove. Approved March 13, 19.59.
Chap. 131. An Act relative to certain funds of patients now or
FORMERLY IN INSTITUTIONS UNDER THE SUPERVISION AND
CONTROL OF THE DEPARTMENT OF PUBLIC HEALTH.
Be if enacted , etc., as follows:
Chapter 111 of the General Laws is hereby amended by inserting
after section fioP> the following sections: — Section 6.5C. The super-
intendent of any institution under the supervision and control of the
82 Acts, 1959. — Chap. 132.
department may deposit iu auy bauk or trust company witliin the
commonwealth or on paid-up shares and accounts oi: and in co-opera-
tive banks, funds belonging to individual patients and funds deposited
by their relatives or friends to be used for their benefit, or may use
said funds to purchase share accounts of a federal savings and loan
association located in the commonwealth, in an account entitled "Pa-
tients' Funds", or the superintendent may, whenever he deems it
desirable, deposit such funds in such banks in separate accounts as
trustee or use said funds to purchase share accounts of a federal sav-
ings and loan association located in the commonwealth, as trustee, in
each instance, for the patient.
Section 65D. So much of any funds known as "Patients' Funds"
as represents monies belonging to, or deposited for the benefit of,
former patients of any such institution, which shall have remained
unclaimed for more than seven years, shall be paid by the superin-
tendent thereof to the state treasurer to be held subject to be paid to
the person establishing a lawful right thereto, with interest at the
rate of three per cent per annum from the time when it was so paid
to the state treasurer to the time when it is paid by him to such per-
son; provided, that so much of any monies so paid to the state treas-
urer as may be necessary to reimburse the institution for au}^ sum
due for the support of the person by whom or for whose benefit such
money was originally deposited shall be credited to said trustees for
that purpose. After six years from the date when any such monies
were paid to the state treasurer the same or any balance thereof then
remaining in his hands may be used as a i)art of the ordinary revenue
of the commonwealth. Any person may, however, establish his claim
after the expiration of the six years above mentioned, and any claim
so established shall be paid from the ordinary revenue of the common-
wealth. Any person claiming a right to money deposited with the
state treasurer under this section may establish the same by a petition
to the probate court; provided, that iu cases where claims amount to
less than fifty dollars, the claims may be presented to the comptroller,
who shall examine the same and allow and certify for payment such
as may be proved to his satisfaction. Approved March 13, 1959.
Chap. 132. An Act authorizing the building and maintenance of
A radio broadcasting system in the county of ESSEX
TO aid in fire protection.
7?' it enacted, etc., as follows:
Section 1. Subject to appropriation, the county commissioners of
Essex county are hereby authorized to expend such sums as may be
necessary, not exceeding four thousand dollars, for the establishment
of a radio broadcasting system to aid in the fire protection of said
Essex county. Said radio broadcasting system, other than the trans-
mittal tower, shall be installed at the fire alarm headquarters at 17
Hamilton avenue in Haverhill. The transmittal tower shall be located
in such area in Essex county as the county commissioners and Fire
Chiefs Association of said count.v may designate.
Section 2. Said broadcasting svstem shall be administered and
Acts, 1959. — Chaps. 133, 134. 83
operated by the lire-fightiug persouuel of the city of Ilaverliill and
the cost of their services shall be borne by said city.
ISection 3. Said county commissioners are hereby authorized to
expend sucli other sums as may be necessary, subject to appropria-
tion, for the muintenauce and operation of the aforesaid radio broad-
casting system other than personnel, and said expenses shall be as-
sessed and collected against the cities and towns of said county in the
manner provided by law for the assessment and collection of the
county tax.
JSix'Tiox 4. Notwithstanding the provisions of section one of this
act, no expenditure of funds by the county of Essex for the purpose
of this act shall be made unless prior approval of the said project is
first obtained from the office of defense and civilian mobilization.
!Section 5. This act shall take effect upon its passage.
Approved March 13, 1959.
Chap. 133. An Act providing for a bi-partisan count of ballots
AT state elections IN TOWNS NOT DIVIDED INTO VOTING
PRECINCTS.
Be it enacted, etc., as follows:
The first paragraph of section 105 of chapter 54 of the General Laws
is hereby amended by striking out the last sentence, as appearing in
the Tercentenary Edition. Approved March 13, 1959.
Chap. 134. An Act authorizing the building and maintenance of
A radio broadcasting system in the county of WORCES-
TER to aid in fire protection.
Be it enacted, etc., as follows:
Section 1. Subject to appropriation, the county commissioners of
Worcester county are hereby authorized to expend such sums as may
be necessary, not exceeding four thousand dollars, for the establish-
ment of a radio broadcasting system to aid in the fire protection of
said Worcester county. Said radio broadcasting system and the trans-
mittal tower shall be installed and located in such area and in such
building in the city of Fitchburg as the councillors of said city may
designate.
Section 2. Said broadcasting system shall be administered and
operated by the fire-fighting personnel of the city of Fitchburg and
the cost of their services shall be borne by said city.
Section 3. Said county commissioners are hereby authorized to
expend such other sums as may be necessary, subject to appropriation,
for the maintenance and operation of the aforesaid radio broadcasting
system other than personnel, and said expenses shall be assessed and
collected against the cities and towns of said county in the manner
provided by law for the assessment and collection of the county tax.
Section 4. Notwithstanding the provisions of section one of this
act, no expenditure of funds by the county of Worcester for the pur-
poses of this act shall be made unless prior approval of the said
84 Acts, 1959. — Chaps. 135, 136, 137, 138.
project is first obtained of the office of defense and civilian mobiliza-
tion.
Section 5. This act shall take effect upon its passage.
Approved March 20, 1959.
Chap. 135. An Act repealing the law providing for the estab-
lishment OP representative town government by
limited town meetings in the town of palmer.
Be it enacted, etc., as follows:
Notwithstanding the provisions of section twelve of chapter forty-
three A of the General Laws, chapter one hundred and sixty-seven of
the acts of nineteen hundred and Hfty-seven is hereby repealed.
Approved March 20, 1959.
Chap. 136. An Act extending the application of certain provi-
sions of the small loans law to any proceeding
thereunder.
Be it enacted, etc., as follows:
Section 1. Section 96 of chapter 140 of the General Laws is hereby
amended by striking out, in lines 25 and 26, as appearing in section 1
of chapter 158 of the acts of 1D41, the words "In prosecutions under"
and inserting in place thereof the words : — For the purposes of.
Section 2. Section 110 of said chapter 140 is hereby amended by
striking out, in line 11, as appearing in the Tercentenary Edition, the
word "jn-osecutions" and inserting in place thereof the words: — any
judicial proceeding. Approved March 20, 1959.
Chap. 137. An Act providing that street lists shall designate
persons who are registered voters.
Be it enacted, etc., as follows:
Section 7 of chapter 51 of the General Laws, as most recently
amended by section 2 of chapter 67 of the acts of 1955, is hereby fur-
ther amended by adding the following sentence : — Every person so
listed shall, if he is a registered voter, be so designated l)y an asterisk
or other sj'inbol. Approved March 20, 1959.
Chap. 138. An Act establishing a park and recreation depast-
MENT IN the town OF READING.
Be it enacted, etc., as follows:
Section 1. Chapter 44 of the acts of 1959 is hereby repealed.
Section 2. There is hereby established in the town of Reading a
park and recreation department to be under the jurisdiction of a com-
mission consisting of live members, hereinafter to l)e known as com-
missioners.
Acts, 1959. — Chap. 139. 85
Section 3. Said t'ommissioiuM-s sliall he fUH-lcd at the annual town
election in the veur nineteen iiumh-ed and sixty at \vlii('h time two
eoniniissioiiers sliall be elected for terms ot" one year, two coiinnission-
crs shall lie elected for terms of Iwo years, and one commissioner shall
be t^liM'led for a lei'in of three years. Thereafter at each arnnial town
election tlu-ir siiccessors shall be elected for terms of three years. All
commissioners shall hold office nntil their respective successors are
elected and qualified.
Section 4. Said i)ark and i-ecreation department shall have juris-
iliction and niaintenauee of all park and of all public and school rec-
reation areas within the town and over the recreation program of the
town, excepting those ])rograms nnder the jurisdiction of the school
de])artment.
Section 5. Notwithstanding the j)rovisions of chapter one hun-
dred and eighteen of the acts of nineteen hundred and twenty-one and
any other general or special law, said department shall have all the
rights, powers and liabilities vested in a board of park commissioners
under chai)ter forty-five of the General Laws.
Section 6. Section one sliall take effect upon the passage of this
act and sections two to five, inclusive, shall take effect upon acceptance
by a ma.jorit.y vote of the town meeting members of the town of Read-
ing present and voting thereon at a special town meeting called for
the purpose in the current year. Approved March 20, 1959.
Chap. 139. An Act relative to the payment of the cost op con-
struction OF PARTICULAR SEWERS AND CONNECTING DRAINS
IN THE TOWN OF WELLESLEY.
Be it enacted, etc., as follows:
Section 1. The town of Wellesley, through its board of public
works, acting as the sewer commissioners of said town, or any other
board or commission hereafter acting as such commissioners may,
upon the application of the owner of any estate abutting on any way
where a main drain or common sewer is constructed, lay in such
sewered way and in the private land of such owner such i)articular
sewer or connecting drain as may be necessary to connect any build-
ing on such estate with such main drain or sewer, and said board or
commission may make all necessary contracts in the name and behalf
of the town for such purpose. The expenses thereof shall be paid out
of any appropriation that may be made by the town therefor.
Section 2. The cost of constructing each particular sewer or con-
necting drain shall at the election of said board or commission be col-
lected from the owner of the estate who applied for the same or be
assessed upon the estate benefited thereliy. Such election shall be
made within thirty days after the construction has been completed.
Section 3. Within a reasonable time after its determination to
make such an assessment upon an estate benefited by a particular
sewer or connecting drain the board or commission shall file with the
assessors of the town a certificate specifying the way and the private
land in w^hieh the particular sewer or connecting drain has been con-
86 Acts, 1959. — Chap. 140.
structed, desiguatiug as the owner of the estate for which such con-
nection has been made the person who was liable for the assessment
therefor on llie preceding January first under the provisions of chap-
ter fifty-nine of the (Jencral Laws and stating the amount of the
assessment. A copy or duplicate of such certilicate shall, witlnn ten
days after the filing of the certificate with the assessors, be recorded
in the registry of deeds for the county of Norfolk or, in the case of
registered land, filed for registration in the office of the registry dis-
trict for said county.
Upon receipt of such certificate the assessors shall forthwith com-
mit the assessment with their warrant to the collector of taxes of the
town. The collector of taxes shall, upon receipt of such warrant, send
by mail a notice of such assessment to the owner designated in the cer-
tificate filed with the assessors, said notice to be mailed to the last
known address of said owner.
Every owner of an estate upon which such an assessment is made
shall within three months after notice thereof is so served upon him
pay the collector of taxes the sum so assessed or request apportionment
thereof as hereinafter provided.
Section 4. 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 act. In
applying said provisions to assessments made under this act, the notice
from the collector of taxes required by section three shall be deemed
to be a demand from him for payment of the assessment. The lien for
any assessment made under this act 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
act, no installment shall be less than ten dollars.
Section 5. This act shall take effect upon its acceptance by a
majority of the town meeting members of the toAvn of Wellesley pres-
ent and voting thereon at a meeting legally called for the purpose.
Approved March 20, 1959.
Chap. 140. An Act designating the youth forestry camp in the
TOWN OF BREWSTER AS THE STEPHEN L. FRENCH YOUTH
FORESTRY CAMP.
Be it enacted, etc., as follows:
Section 1. The youth forestry camp established by the division of
youth service in the town of Brewster is hereby designated as the
Stephen L. French Youth Forestry Camp. Said division shall erect
suitable markers or plaques bearing such designation at such camp.
Section 2. This act shall take effect upon its passage.
Approved March 30, 1959.
Acts, 1959. — Chaps. 141, 1412, 143. 87
Chap. 141. An Act providing that a certain agent appointed by
A board op select:men acting as a board of public
WELFARE SHALL HAVE THE TITLE OF DIRECTOR OF PUBLIC
W^ELFARE.
lie it enacted, etc., as follows:
Section 1. Section 32 of chapter 41 of the General Laws, as
amended by section 3 of chapter 703 of the acts of 1950, is hereby fur-
ther amended by inserting after the word "who", in line 4, the words:
— under the title of director of public welfare.
Section 2. The first sentence of section 2 of chapter 118B of the
General Laws, as appearing in section 3 of chapter 353 of the acts of
1952, is hereby amended by inserting after the word "administrator",
in line 7, the words: — , W'lio shall exercise his powers and perform his
duties under the title of director of public assistance, ,
Approved March 30, 1959.
Chap. 142. An Act providing tenure of office until age seventy
FOR EDWARD J. ZIEMBA, INCUMBENT OF THE OFFICE OF CITY
treasurer OF THE CITY OF CHICOPEE.
Be it enacted, etc., as follows:
Section 1. Edward J. Ziemba, incumbent of the office of city treas-
urer of the city of Chicopee shall hold said office during good behavior
until he reaches age seventy, unless incapacitated by physical or men-
tal disability from performing the duties thereof, but 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 to the reg-
istered voters of the city of Chicopee at its regular city election in the
current year in the form of the following question, which shall be
placed on the official ballot to be used at said election: — "Shall an act
passed hy the General Court in the current year, entitled 'An Act
providing tenure of office until age seventy for Edward J. Ziemba, in-
cumbent of the office of city treasurer of the city of Chicopee', 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 March 30, 19.59.
Chap. 143. An Act providing for filling vacancies in town plan-
ning BOARDS BY APPOINTMENT WHEN THE BOARD ITSELF IS
appointed.
Be it enacted, etc., as follows:
Section 81A of chapter 41 of the General Laws is hereby amended
by striking out the seventh sentence, as appearing in section 4 of chap-
ter 340 of the acts of 1947, and inserting in place thereof the following
sentence : — A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term, in a city, in the same manner as
88 Acts, 1959. — Chaps. 1^ 145.
an original appoiulment, and, in a town, if the members of the board
arc aj)i)ointe(l, in tlie same manner as an original appointment and, if
they are elected, in the maniiei- i)i-ovided in section eleven.
Approved March 30, 1959.
Chap. 144. An Act providing that certain copies of planning
BOARD RULES AND REGULATIONS BE CERTIFIED BY THE CITY
OR TOWN CLERK.
Be it enacted, etc., as follows:
Section 81N of chapter 41 of the General Laws is hereby amended
by striking out the last sentence, as amended by chapter 1-iG of the
acts of 1957, and inserting in place thereof the following sentence: —
The subdivision control law, however, shall not become elfective in any
city or town in which it was not in effect on the first day of January,
nineteen hundred and fifty-four, until the planning board of such city
or town shall have notified the register of deeds and the recorder of
the land court that the city or town has accepted the provisions of
the subdivision control law and that the planning board has adopted
its rules and regulations as provided in se('tion eighty-one Q and shall
have furnished the said register and recorder with a copy of the vote
of the city council or town meeting under which the provisions of the
subdivision control law were accepted in such city or town, certified
by the city or town clerk, and a copy of such rules and regulations
certified b}^ said clerk. Approved March 30, 1959.
Chap. 145. An xVct providing tenure of office until age seventy
FOR JOHN D. CASEY, INCUMBENT OF THE OFFICE OF CITY
collector OP THE CITY OF CHICOPEE.
Be it enacted, etc., as follows:
Section 1. John D. Casey, incumbent of the ofTice of city collec-
tor of the city of Chicopee shall hold said office during good I)ehavior
until he reaches age seventy, unless incapacitated by physical or men-
tal disability from performing the duties thereof, but 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 to the reg-
istered voters of the city of Chicopee at its regular city election in the
current year in the form of the following qu(^stion, which shall be
placed on the official ballot to be used at said election: — "Shall an
act passed by the General Court in the current year, entitled 'An Act
providing tenure of office until age seventy for John D. Case.v, incum-
bent of the office of city collector of the cit.y of Chicopee', be ac-
cepted?" If a majority of votes in answer to said question is in the
Jiftinii.-if ivc, this act shall th(M-enpon take full effect, but not otherwise.
Approved, March 30, 1959.
Acts, 1959. — Chaps. M(5, 147. 89
Chap. 146. Ax Ait ut.la'i'ivi: to couuections of uecouds of biutu
TO CONFOU.M TO DECKKES OF ADOI'TION GRANTED UY OTIlEli
STATES OR COUNTRIES.
7>t' it enacted, etc., as folloirs:
ISocliou 13 of cliapler •!() oL' tho Gt'iierul Laws is hereby atnended by
slrikiiiir out tlie I'ourth para»^rapli, as amended by section 3 of chai)ler
lUT of the acts of ID55, and inserting in place tliereof the following
paragraph : — -
If a i)erson shall have been adopted l)y judicial decree or a person
so adopted has had his name legally changed at a later date to that of
his adoptive ])arents, or if a })erson of illegitinuite biilh shall have
acquireil a new name by judicial decree, the clerk of the town where
such ])ersoii was born shall receive the certificate ot" such adoption
issued under aulhorit.y of section six A of chai)ter two hundred and
icn or a cei'tilied copy of the decree for such adoption or change of
nanic. ^\■hether issued by the probate court of the commonwealth or
by the approi)riate court of any other state or country. Said clerk
shall forthwith, after receiving such certificate of adoption or any
such certified cop}" of a decree of adoption, notify the adopting parents,
or parent, of the receipt thereof and, upon payment to him of the
fees ])i'escribed bj^ section thirty-four of chapter two hundred and
sixty-two, he shall correct the record of birth of the person so adopted
in the manner hereinafter provided and furnish to such parents, or
parent, a certified copy of such record, as so corrected ; provided, that
if the certificate of adoption or the certified copy of decree of adoption
does not indicate the desire of the adopting parents, or parent, to
have the record of birth of the person adopted corrected, or does not
contain the original name and date and place of birth of the person
ado])ted, or does not contain the facts relative to the adopting ])arents,
or parent, hereinafter required for correcting such record, the clerk
shall not correct such record until he has received an affidavit, signed
and sworn to by the adopting parents, or parent, containing such facts.
Approved March 30, lOnn.
Chap. 147. An Act to rescind the action of the town of norton
PLACING ITS intermittent PATROLMEN UNDER THE CIVIL
SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The action of the town of Norton at the annual town
election of March tenth, nineteen hundred and fifty-eight, in voting
to accept the provisions of section forty-eight of chapter thirty-one of
the General Laws to place the regular members of the Norton police
force within the civil service laws is hereby rescinded, in so far as it
a[)plies to the position of intermittent patrolmen. All full-time posi-
tions of ])atrolmen shall be filled in accordance with the civil service
laws and rules and shall not be filled by the assignment of intermittent
patrolmen.
Section 2. This act shall be submitted to the voters of said town
at the annual town meeting in the year nineteen hundred and fifty-
90 Acts, 1959. — Chaps. 148, 149, 150.
uiue in the fonii of the following question, which shall be placed upon
the official ballot to be used for the election of tow^n ofhcers at said
meeting: — "Shall an act passed by the General Court in the year
nineteen hundred and fifty-nine, entitled 'An Act to rescind the ac-
tion of the town of Norton placing its intermittent patrolmen under
the civil service laws', be accepted?" If a majority of the votes cast
in answer to said question is in the affirmative, this act shall take full
eff'ect, but not otherwise.
Section 3. Any action taken by the town of Norton at its annual
town meeting in the current year pursuant to the authority contained
in section one shall be as valid and effective as if this act had the force
of a law at the time the warrant for such annual meeting was posted.
Approved March 30, 1959.
Chap. 148. An Act authorizing the town of athol to reimburse
EDMUND L. BRUNO FOR CERTAIN MEDICAL AND HOSPITAL
EXPENSES.
Be it enacted, etc., as follows:
Section 1. The town of Athol is hereby authorized to pay the sum
of twenty-three hundred and eight^'-two dollars and eighty-five cents
to Edmund L. Bruno as reimbursement for medical and hospital ex-
penses incurred by him as a result of an injury sustained on or about
October twentieth, nineteen hundred and fifty-seven, while officially
engaged in perambulating the town lines.
Section 2. Any action taken by the town of Athol at its annual
town meeting in the current year pursuant to authority contained in
section one is hereby confirmed and validated as though this act were
in effect at the time of the posting of the warrant for said annual town
meeting. Approved March 30, 1959.
Chap. 149. An Act making certain intestate estates of members
IN soldiers' homes inure to the benefit of the legacy
ACCOUNT OF said HOMES.
Be it enacted, etc., as follows:
Clause (7) of section 3 of chapter 190 of the General Laws, as ap-
pearing in the Tercentenary Edition, is hereby amended by inserting
after the word "commonwealth", in line 2, the words: — ; provided,
however, if such intestate is a veteran who died while a member of
the Soldiers' Home in Massachusetts or the Soldiers' Home in Holyoke,
his estate shall inure to the benefit of the legacy fund or legacy account
of the soldiers' home of which he was a member.
Approved March 30, 1959.
Chap. 1 50. An Act further regulating the catching or taking
OF lobsters and FDHJLE crabs in COASTAL WATERS.
Be it enacted, etc., as follows:
Section 39 of chapter 130 of the General Laws, as appearing in
section 1 of chapter 598 of the acts of 1941, is hereby amended by
Acts, 1959. — Chaps. 151, 152. 91
inserting after \hc \v«,»rd ''trap", iu line 3, the words: — , or catch or
take lobsters or etiible crabs from the coastal waters by any means, —
so as to read as follows : — Section 39. No person shall tend, lift, raise
or draw a lobster or crab pot or trap, or take lobsters or edible crabs
from snch a pot or trap, or catch or take lobsters or edible crabs from
the coastal waters by any means, execi)t during the period from one
half hour before sunrise until one half hour after sunset, except that
traps may be taken up by the owner or by his employee or agent, if
licensed under section thirty-eight, at any time when they are en-
daiigered by storms, and except that the director, a coastal warden
or deputj'^ may at anj^ time lift, raise or draw such pot or trap with
its contents, if any, for the purpose of inspection provided in this
eliapter. Violation of the provisions of this section sJiall be punished
by a tine of not less than ten nor more than fifty dollars.
Approved March 30, 1959.
Chap. 151. Ax Act further restricting the possession op short
LOBSTERS.
Be it enacted, etc., as follows:
Section 44 of chapter 130 of the General Laws, as most recently
amended by chapter 156 of the acts of 1953, is hereby further amended
by inserting after the word "for", the first time it appears in line 3,
the word : — immediate, — so as to read as follows : — Section 44. Who-
ever sells, or offers for sale, or has in possession for a period longer
than is necessary for immediate measuring, or for any purpose other
than legally disposing of same, a lobster measuring less than three
and three sixteenths inches in length, alive or dead, cooked or un-
cooked, measured from the rear of the eye socket along a line parallel
to the center line of the body shell to the rear end of the body shell,
shall be punished by a fine of not less than five nor more than ten
dollars for every such lobster, and such lobster shall be seized and
forfeited, and shall be disposed of by the director to the best interests
of the commonwealth. If the measurement of any such lobster taken
from one or the other eye sockets is of the required length, such lob-
ster shall be deemed to be a legal lobster. In all prosecutions under
this section any mutilation of any lobster which affects its measure-
ment as aforesaid shall be prima facie evidence that the lobster was
or is less than the required length. This section shall not apply to
common carriers having lobsters in possession for the purpose of
transportation. Approved March 30, 19.59.
Chap. 1 52. An Act establishing certain charges and fees for the
COLLECTION OF POLL TAXES.
Be it enacied, etc., as follows:
Chapter 60 of the General Laws is hereby amended by striking out
section 15 A, as amended by chapter 386 of the acts of 1948, and in-
serting in place thereof the following section: — Section 15 A. For the
92 Acts, 1959. — Chap. 153.
collection of a deliuqueut poll tax, the following interest, charges and
fees, and no others shall be added to said poll tax and collected as a
part thereof :
1. Interest, as provided by law, which shall be paid into the town
treasury.
2. For each written demand provided for by law, thirty-five cents,
which shall be paid into the town treasury.
3. For the issuance and delivery of a warrant to an ofiScer, fifty
cents, which shall be paid into the town treasury.
4. For the notice to the delinquent that a warrant has been issued,
one dollar, which shall be retained by the officer having the warrant
for service.
5. For exhibiting a warrant or delivering a copy thereof to the de-
linquent or his representative, or leaving it at his last and usual place
of abode or of business, before and without distraint or arrest, tiiree
dollars, which shall be retained by the officer having the warrant for
service.
6. For arresting the body, two dollars, which shall be retained by
the officer having the warrant for service.
7. For custody of the body arrested, if payment of the delinquent
tax is not made forthwith, three dollars, which shall be retained by the
officer having the warrant for service.
Any officer having a warrant who attempts to collect or collects more
than the above interest, charges and fees in the collection of a delin-
quent poll tax shall be punished by a fine not exceeding one hundred
dollars or by imprisonment not exceeding one month, or both.
Approved March 30, 1959.
Chap. 153. An Act relative to the taking, possession, marking
AND disposition OF EGG-BEARING LOBSTERS.
Be it enacted, etc., as follows:
Chapter 130 of the General Laws is hereby amended by striking out
section 43, as most recently amended by section 3 of chapter 56() of
the acts of 1949, and inserting in place thereof the following section : —
Section 43. Between March first and October thirty-first, both dates
inclusive, in any year, the director may authorize the taking or pos-
session of egg-bearing lobsters by any person licensed under section
thirty-eight to catch or take lobsters and edible crabs, upon the condi-
tion that such egg-bearing lobsters shall be taken, held or delivered in
accordance with the instructions of the director to a plant for the
propagation of lol)sters established and maintained for rearing them
from the time of hatching to the bottom crawling stages or for such
other disposition as the director may deem for the best interests of the
commonwealth. Before any such egg-bearing lobster is disposed of b.y
liberating, it shall be marked by the director or his authorized agent
by punching a single V notch in either of the flippers next to the
middle flipper of its tail. Any licensed lobster fislierman may mark,
as above provided, any lobster bearing eggs found in liis traps, before
returning sucli lobster alive to the waters from which it was taken.
Acts, .1959. — Chaps. J,")^, bV). 91]
Any piM-son havin-j: possi^ssioii of any l()l)st(M- so niarkod or of any loh-
stor mutilated in sucli nianniM- as to liide or obliterate such mark, shall
he punished by a fine of not less than lifty nor more than two hundred
dollars or by imprisonment for not more than thirty days, or both;
but any person catehing any lobster so marked or mutilated and im-
mediately returning the same to the waters from which taken shall not
be deemed to have violated the foregoing provisions of tliis section.
If the eggs from the lobsters so obtained shall be hatched the young
therefrom shall be reared to the bottom crawling stages. Lobsters
from which eggs have been so hatched, and the young lobsters so
reared, shall be liberated, as nearly as possible, in the areas from which
such egg-bearing lobsters were obtained and in the same proportion.
Nothing in this section shall be so construed as to prevent the director
from otherwise disposing of lobsters from which eggs have been so
removed, or young lobsters so reared, when in the oy)inion of the direc-
tor by so doing depleted or non-productive areas may be benefited.
Approved March 30, 1959.
Chap. 154. An Act autiiokizing the east parish in Salisbury to
PURCHASE OR ERECT CERTAIN BUILDINGS AND TO PROVIDE
FOR THE FINANCING AND RENTING THEREOF.
Be it enacted, etc., as follows:
The East Parish in Salisbury is hereby authorized to purchase
buildings now standing upon its lands and to erect buildings upon its
lands for the purpose of renting or leasing such buildings; to borrow
money necessary for the purchase and erection of such buildings; and
to issue notes, and execute and deliver mortgages securing the pay-
ment of said notes ; provided, the Parish so votes at any regular meet-
ing called for that purpose, and provided, further, that the net income
from the renting or leasing of such buildings shall be expended solel.y
for the support of preaching and other religious activities of the
church of said East Parish. Approved March 30, 1959.
Chap. 155. An Act to provide for a complete count of all bal-
lots USED or unused IN ELECTIONS AND RECOUNTS.
Be it evacted, etc., as follows:
Section 1. Section 105 of chapter 54 of the General Laws is hereby
amended by striking out the first yiaragraph, as most recently amended
by chapter 133 of the acts of 1959, and inserting in place thereof the
following paragraph: — If the state ballot box is used, the clerk shall,
as soon as the polls are closed, record the total number of ballots re-
ceived at the polling place, the ballot box register, and the total num-
ber of spoiled ballots. The election officers shall then publicly and in
the presence of the other election officers audibly and distinctly count
and announce the number of names cheeked on each list and the clerk
shall record the same. The ballot box shall then be opened by the
presiding officer and the ballots taken therefrom and audibly counted
in public view, one by one, and the whole number of the ballots cast
94 Acts, 1959. — CiiApy. 156, 157.
shall be publicly annouuced by him. The ballots may be divided iuto
convenient packages, and each block or package shall be canvassed
and counted by two election officers representing the two leading
political parties, detailed by the presiding officer. Each election of-
ficer, in so canvassing and counting votes, shall be under the inspection
of an election officer of a ditferent political party. The result of the
canvas and count shall be reported to the presiding officer, who shall
cause it to be correctly recorded on the blank forms provided there-
for. When absent voting ballots have been cast, the clerk shall amend
the ballot box register and the number of names checked on the
voting list to include the absent voting ballots deposited in the ballot
box under the provisions of section ninety-five. Immediately there-
after, the election officers shall proceed to count audibly all unused
ballots, and the total number of unused ballots shall be publicly an-
nounced by the presiding officer who shall cause this information to
be correctly recorded on blank forms provided therefor.
Section 2. The fifth paragraph of section 135 of said chapter 5-4,
as appearing in chapter 417 of the acts of 1943, is hereby amended by
adding after the word "recounted", in line 7, the words: — and all
spoiled and unused ballots shall also be counted and the results re-
corded on the blank forms provided therefor.
Approved March 30, 1959.
Chap. 1 56. An Act authorizing the city of fitchburg to supply
AND SELL W^ATER FOR THE USE OF THE OWNER OR OCCUPANT
OF A CERTAIN PARCEL OF LAND IN THE TOWN OF LUNENBURG.
Be it enacted, etc., as follows:
Section 1. The city of Fitchburg is hereby authorized to supply
and sell w^ater to the owner or occupant of a certain parcel of land in
the town of Lunenburg situated wathin an area in the extreme westerly
part of said town, on the northerly side of Charlton street, said area
being more particularly shown as that part of Lot 27 in said town
shown on a Plan recorded in Worcester Northern District Registry of
Deeds, Book 99, Page 9.
Section 2. This act shall take effect upon its acceptance by the
city council of the city of Fitchburg, in accordance with the provisions
of its charter, but not otherwise. Approved March 30, 1959.
Chap. 157. An Act authorizing the leominster firefighters re-
lief association to PAY A SUM OF MONEY TO CARL TYLER,
A RETIRED MEMBER OF THE LEOMINSTER FIRE DEPARTMENT.
Be it enacted, etc., as follows:
Notwithstanding any provisions of law to the contrary, the Leomin-
ster Firefighters Relief Association is hereby authorized to pay the
sum of three liundred and fifty dollars from the funds of said associa-
tion to Carl Tyler, a former member of said association and a retired
member of the Leominster fire department.
Approved March 30, 1959.
Acts, 1959. — Chaps. 158, 159. 95
Chap. 158. An Act fukthek kkuulatincj personal loans by credit
UNIONS.
Be it enacted, etc., as follows:
Section 1. Tlu' lirst i)ara^raph oi" subdivisiou (A) of section 24 of
chapter 171 of the (Jeiunal Laws, as ai)peai-ing in chapter 117 of the
acts of 1951, is hereby amended by striking out, in line 1, the word
"twenty-four" and inserting in i)hiee thereof the word: — thirty, — so
as to read as follows : — Each personal loan shall be payable within
thirty months from the date thereof and shall be paid or renewed on or
before such date.
Section 2. The second paragraph of said subdivision (A) of said
section 24 of said chapter 171 is hereby further amended by striking
out lines 1 to 7, inclusive, as appearing in chapter 133 of the acts of
1958, and inserting in i)lace thereof the following: — 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 one thousand dollars at any
one time : — . Approved March 30, 1959.
Chap. 1 59. An Act increasing the amount w^iiich the trustees
OF THE BRISTOL COUNTY AGRICULTURAL SCHOOL MAY BOR-
ROW FOR THE PURPOSE OF ERECTING AND EQUIPPING A NEW
DORMITORY-DINING HALL BUILDING.
Be it enacted, etc., as follows:
Chapter 248 of the acts of 1958 is hereby amended by striking out
sections 1 and 2 and inserting in place thereof the following two sec-
tions:- — Section 1. The trustees of the Bristol County Agricultural
School may expend a sum, not exceeding four hundred and twenty-
seven thousand, four hundred and sixty dollars, to erect and equip a
new dormitory-dining hall building providing dining room accommo-
dations for one hundred and eighty-five students to replace the pres-
ent 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 tlie county commissioners of said county, such sums, not
exceeding, in the aggregate, four hundred and twenty-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 Agricultural School Loan, Act of 1958. Each author-
ized issue shall constitute 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 tw^enty 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
96 Acts, 1959. — Chaps. 1(JU, l(jl.
priueipai of the loan paj'able in any subsequent year. ISueli bonds or
noies sliall be signed by tlie treasurer of tlie county and eouniersigned
by a majority of said county counnissioners. The county may sell said
securities at public or private sale upon such terms and coudiiions as
said county commissioners may deem proper, but not for less than
their par value. Indebtedness incurred under this act shall, except
as herein provided, be subject to chapter thirty-live of the General
Laws. Appruvtd Aiarck 30, lyjiJ.
Chap. 160. Ax Act imposing penalties for the concealment and
TllEET OF trailers AND FOR CERTAIN OTHER VIOLATIONS
RELATIVE THERETO.
Be it enacted, etc., as folloiva:
Section 1. Chapter 266 of the (Jeneral Laws is hereby amended by
striking oat section 21 A, as appearing in the Tercentenary Edition,
and inserting in place thereof the following section : — Section 27 A.
Whoever, with intent to defraud the insurer, removes or conceals a
motor vehicle or trailer belonging to himself or another which is at
the time insured against theft, or whoever, with intent as aforesaid,
aids or abets in such removal or concealment, shall be punished by
imprisonment in the state prison for not more than five years or by
imprisonment in jail or house of correction for not less than one year.
Section 2. Said chapter 266 is hereby further amended by striking
out section 28, as so appearing, and inserting in place thereof the
following section : — Section 28. Whoever steals a motor vehicle or
trailer, or receives or buj's a motor vehicle or trailer knowing the same
to h-ave been stolen, or conceals any motor vehicle or trailer thief know-
ing him to be such, or conceals any motor vehicle or trailer knowing
the same to have been stolen, or takes a motor vehicle or trailer without
the authority of the owner and steals from it any of its parts or acces-
sories, or without the authority of the owner operates a motor vehicle
after his right to operate without a license has been suspended or aft-er
his license to operate has been suspended or revoked and prior to the
restoration of such right or license to oi)erate or to tlie issuance to him
of a new license to operate, shall be punished by imprisonment in the
state prison for not more than ten years or by impi'isonment in jail or
house of correction for not more than two and one half years.
Approved March 30, 1959.
Chap. 161. An Act clarifying the law with respect to gar.\ges
FOR certain schools, HOSPITALS AND CHURCHES IN THE
city of BOSTON.
Be it enacted, etc., an follows:
Section 3 of chapter 577 of the acts of 1913, as most recently
amended by section 1 of chapter 316 of the acts of 1922, is hereby fur-
ther amended by inserting after tlie word "church", in line 14, the
words; — , but nothing in tiiis proviso .shall be construed to prohibit
Acts, 1959. — Chaps. 1G2, 1G3, 1G4. 97
graiitiiio; an application or issuing a permit for the erection, main-
tenance or use of a structure or building as a garage for more than
four cars ou premises owned and exclusively occupied for its corporate
purposes by such school, hospital or church.
Approved March 30, 1059.
Chap. 1 62. An Act authorizing the granting of a license for the
SALE OP ALCOHOLIC BEVERAGES TO VITTORI ROCCI POST :^56
OF THE ITALIAN-AMERICAN WAR VETERANS.
Be it enacted, etc., as follows:
Section 1. Notwitlistanding any provision of law to the contrary,
the licensing authority of the city of Beverly is hereby authorized to
grant Vittori Rocci Post #56 of the Italian- American War Veterans
a license for the sale of alcoholic beverages to the members of said post
and subject to regulations made by said licensing authority, to guests
introduced by such members, and to no others. Such license shall not
be transferable and shall, except as provided herein, be subject to all
applicable provisions of said chapter one hundred and thirty-eight.
Section 2. This act shall take effect upon its passage.
Approved March 31, 1959.
Chap. 163. An Act authorizing the town of braintree to pay
certain medical expenses of ROBERT O'CONNOR WHO WAS
injured ON THE PREMISES OF THE NOAH TORREY ELEMEN-
TARY SCHOOL.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obligation, the
town of Braintree may appropriate and pay the sum of six hundred
and fifty dollars to Cornelius A, O'Connor, Jr. for medical expenses
incurred by him on account of injuries received by his son Robert
O'Connor, as the result of an accident on September twenty-fourth,
nineteen hundred and fifty-seven occurring on the premises of the
Noah Torrey Elementary School.
Section 2. Any action taken by the tow^n of Braintree at its an-
nual town meeting in the current year in voting to appropriate money
for the purpose of section one is hereby validated and confirmed, and
shall have the same effect as though this act were in full force and
effect at the time of the posting of the warrant for said meeting.
Section 3. This act shall take effect upon its passage.
Approved April 6, 1959.
Chap. 164. An Act authorizing the town of milford to borrow
MONEY FOR THE DREDGING AND IMPROVEMENT OF CERTAIN
WATERWAYS AND VALIDATING ACTS AND PROCEEDINGS OF A
CERTAIN TOWN MEETING.
Be it enacted, etc., as follows:
Section 1. The town of Milford, for the purpose of contributing
to the cost or expense of dredging or otherwise improving certain por-
98 Acts, 1959. — Chaps. 165, 166.
tioiis of the Charles river and tributaries thereof, including Louisa
lake and Godfrey brook, to relieve flood conditions in said town, said
work to be done by the division of waterways of the department of
public works, may borrow from time to time, within three years of
the passage of this act, such sums as may be necessary, not exceeding,
in the aggregate, one hundred and ten thousand dollars and may
issue bonds or notes of the town therefor which shall bear on their
face the words. Town of Milford Dredging and Waterways Im-
l)rovement Loan, Act of 1959. Each authorized issue shall constitute
a separate loan, and such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this act shall
be in excess of the statutory limit of indebtedness and shall, except as
herein provided, be subject to the provisions of chapter forty-four of
the General Laws, exclusive of the Innitation contained in the first
paragrai)h of section seven thereof.
Section 2. The acts and proceedings taken at the town meeting of
the town of Milford on March twentieth, nineteen hundred and fifty-
seven, and contained in Article 40 of the warrant for said meeting, and
all acts done in pursuance thereof are hereby confirmed and declared
valid.
Section 3. This act shall take effect upon its passage.
Approved April 6, 1959.
Chap. 165. An Act authorizing the county commissioners op the
COUNTY OF BARNSTABLE TO EEPAIR AND RENOVATE THE
BARNSTABLE COUNTY HOSPITAL AND TO EXPEND A CERTAIN
SUM OF MONEY THEREFOR OUT OF ANY AVAILABLE FUNDS.
Be it enacted, etc., as follows:
Section 1. The county commissioners of the county of Barnstable
are hereby authorized to repair and renovate the Barnstable county
hospital in the town of Bourne. For said purpose said commissioners
may expend out of any available funds a sum not exceeding thirty
thousand dollars, which sum shall be included in the appropriation
for the current j^ear for said county.
Section 2. This act shall take effect upon its passage.
Appro iU'd April 6, 1959.
Chap. 166. An Act relative to membership in the fitchburq fire-
fighter's RELIEF ASSOCIATION AND PROVIDING THAT CER-
TAIN members of SAID ASSOCIATION MAY, UPON PENSION
OR RETIREMENT FROM THE FITCIIBURG FIRE DEPARTMENT,
BE PAID A CERTAIN SUM OF MONEY BY SAID ASSOCIATION.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to provide forthwith for the payment of certain
sums of money to certain members of the Fitchburg Firefighter's Re-
lief Associutipii u\ lieu of a death bcnefitj therefore it is hereby de-
Acts, 1959. — Chaps. 167, 168. 99
(•laiT(i to 1)0 an (Mnorgoncy law, necessary for the immediate preserva-
tion of the public convenience.
Be it enacted, etc., as follows:
Section 1. Any nienibcr of the Fitchburg Firefighter's Relief As-
sociation, a corporation duly established by law and its name changed
from Fitchburg Fireman's Kelief Association, shall, if he so elects by
a writing filed with the secretary of said associatioji within thirty days
after he is pensioned or retired from the fire department of the city
of Fitchburg, receive from said association a sum equal to and in lieu
of the deatii benefit provided by the by-laws of said association, and
he shall thereupon cease to be a member of said association or entitled
to receive any benefits therefrom; if any member of said association
who is pensioned or retired from said fire department does not make
such election as aforesaid, he shall remain a member of said association
and entitled to its death benefits, and, subject to the provisions of its
l)y-laws, entitled to any other of its benefits.
Section 2. Chapter four hundred and five of the acts of nineteen
hundred and fifty-eight is hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved April 6, 1959.
Chap. 167. An Act permitting any district court to revise or
REVOKE A SENTENCE IMPOSED WITHOUT TRIAL AFTER A PLEA
OP GUILTY OR NOLO CONTENDERE.
Be it enacted, etc., as follows:
Section 1. Chapter 278 of the General Laws is hereby amended
by inserting after section 29 the following section: — Section 29 A.
Anj- district court may within sixty days after a sentence is imposed,
if it appears to the court that justice has not been or cannot be done,
and upon such terras or conditions as the court shall order, revise or
revoke a sentence imposed without trial after a plea of guilty or nolo
contendere, and, in the event of revocation, permit the withdrawal of
the plea upon which the sentence was imposed.
The provisions of this section shall not apply to any case which is
appealed nor in which, under section twenty-five, an appeal is with-
drawn.
Section 2. This act shall take effect on October first, nineteen
hundred and fifty-nine and shall apply to sentences imposed before
as well as after said date. Approved April 6, 19'>9.
Chap. 168. An Act providing that the effect of the lack of a
SW^ORN STATEMENT OF LOSS SHALL BE THE SAME UNDER ALL
policies of INSURANCE AS IT IS UNDER FIRE INSURANCE
POLICIES.
Be it enacted, etc., as follows:
Section 1. Chapter 175 of the General Laws is hereby amended
by inserting after section ISfiA the following section: — Section 186B.
100 Acts, 1959. — Chaps. 169, 170.
The provisions of section one hundred and two, relative to certain
rights of an insured who has failed to render a sworn statement of
loss, shall apply in case of claims for loss or damage from any hazard
insured against under any policy of insurance issued in the common-
wealth.
Section 2. The provisions of section one hundred and eighty-six B
of chapter one hundred and seventy-five of the General Laws, inserted
by section one of this act, shall apply only to policies of insurance
issued after the effective date thereof. Approved April 6, 1959.
Chap. 1 69. An Act validating and confirming the appointment
OF GORDON MCLEOD AS A PERMANENT MEMBER OF THE FIRE
DEPARTMENT IN THE CITY OF PITTSFIELD.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any provision of general or special
law or of any ordinance of the city of Pittsfield to the contrary, the
appointment on December twenty-eighth, nineteen hundred and fifty-
seven, of Gordon McLeod as a permanent member of the fire depart-
ment in the city of Pittsfield is hereby validated and confirmed and
said Gordon McLeod shall be deemed to have been a permanent mem-
ber of said fire department as of January second, nineteen hundred
and fifty-eight, the day on which he first reported for duty as a fire-
fighter. Said Gordon McLeod may count the period from said Jan-
uary second to the effective date of this act as creditable service for
retirement and other purposes.
Section 2. This act shall take full effect upon its acceptance by
vote of the city council of the city of Pittsfield, subject to the pro-
visions of its charter, but not otherwise. Approved April 6, 1959.
Chap. 170, An Act requiring that costs of group hospital medi-
cal BENEFITS FOR CITY EMPLOYEES BE INCLUDED IN CER-
TAIN CITY BUDGETS.
Be it enacted, etc., as follows:
The first paragraph of section 3 of chapter 32B of the General
Laws, as amended by chapter 242 of the acts of 1957, is hereby further
amended by inserting after the second sentence the following sen-
tence : — If a city accepts the provisions of this chapter as provided
under section ten the annual budget shall include sums necessary to
implement said provisions. Approved April 6, 1959.
Acts, 1959. — Chap. 171.
101
Chap. 171. An Act making APrRoi'UiATioNs for the fiscal year
ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FIFTY-
NINE, TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING
APPROPRIATIONS AND FOR CERTAIN NEW ACTIVITIES AND
PROJECTS.
lie it enacted, etc., as follows:
Section 1. To provide for supplemeiitiii);^ certain apj)ropriations
previously made, and for certain new activities and projects, the
sums set forth in this act are hereby made available from the funds
designated, to be in addition to any amounts otherwise available for
the purpose, subject to the provisions of law regulating the disburse-
ment of public funds and the approval thereof and the conditions
pertaining to said appropriations in chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight.
Section 2.
STATE PURPOSES APPROPRIATIONS.
APPROPRIATIONS MADE FROM THE GENERAL FUND.
Service of the Legislature.
Senate.
Item
0101-07
0101-30
0101-60
0102-06
0102-07
0102-20
0102-30
0102-52
0102-53
0102-60
For clerical and other assistance including expenses of the senate
committee on rules, including not more than seven permanent
positions; provided, that notwithstanding any provision of law
to the contrary, the present clerk of the senate committee on
rules may continue to serve in said office subject to the will of
the senate ....... $5,000 00
For expenses of senators, including ti-avel, prior appropriation
continued ....... 7,000 00
For traveling and such other expenses of the committees
of the senate as may be authorized by oi'der of the
senate ....... 1,000 00
House of Representatives.
For personal services of the counsel to the house of representa-
tives and assistants, including not more than seven perma-
nent positions ...... $18,000 00
Item 0102-07 of section two of chapter four hundred and
thirty-four of the acts of nineteen hundred and fifty-eight is
hereby amended by striking out the wording and inserting in
place thereof the following:
For clerical and other assistance to the house committee on
rules, including not more than thirteen permanent posi-
tions . . . . , . . 3,130 00
For a certain payment, as authorized by chapter twelve of the
resolves of the current year .... 9,700 00
For expenses of representatives, including travel, prior ap-
propriation continued ..... 21,000 00
For expenses of the committee on rules on the part of the house
of representatives for the year nineteen hundred and fifty-
nine and the previous year .... 3,500 00
For expenses of the counsel to the house of representa-
tives 1,500 00
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 . . . . 1,100 00
102
Acts, 1959. — Chap. 171.
Item
0103-04
0103-05
0103-51
Sergeant-at-Arins.
For the salaries of assistant doorkeepers of the senate and
house of representatives and of general court officers, with
the approval of the sergeant-at-arms, including not more
than thirty-six permanent positions . . $8,715 00
For compensation of the pages of the senate and house of rep-
resentatives, with the approval of the sergeant-at-arms, in-
cluding not more than twenty-four permanent posi-
tions 13,860 00
For contingent expenses of the senate and house of representa-
tives and necessary expenses in and about the state house,
with the approval of the sergeant-at-arms, prior appropria-
tion continued 8,000 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 respec-
tive branches, prior appropriation continued $65,000 00
0110-05 Item 0110-05 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by adding at the end thereof the following: —
for the year nineteen hundred and fifty-nine and the previous
year 10,000 00
0110-11 For the compilation, indexing, annotating, printing and distribu-
tion of veterans' laws subject to the joint committee on rules,
as provided by a joint oi-der, appropriation expires June
thirtieth, nineteen hundred and sixty . . 3,000 00
0110-21 For printing a descriptive pamphlet of the murals, house of
representatives ...... 700 00
0110-30 For traveling and such other expenses of joint committees of
the general court as may be authorized by joint order of the
general court ...... 600 00
0110-74 For the expenses of the special investigation of the depart-
ment of public works, as authorized by an order of the
senate adopted September seventeen, nineteen hundred and
fifty-eight, with the approval of the senate committee on
rules 28,778 00
Special Investigations.
0259-01 For an inve.stigation and study relative to the organization and
operation of the metropolitan district commission, as author-
ized by chapter six of the resolves of nineteen hundred and
fifty-nine $25,000 00
Service of the Judiciary
Superior Court.
0305-01 For the salaries of the chief justice and of the thirty-seven
justices . $87,500 00
0305—02 For traveling allowances and expenses, prior appropriation con-
tinued 5,500 00
0305-04 For expenses authorized by section twenty-eight of chapter two
hundred and twelve of the General Laws . 2,000 00
0305-11 For compensation of justices of district courts while silting in the
superior court, prior appropration continued 50,000 00
0305-12 For expenses of justices of district courts while sitting in the
superior court, prior appropriation continued 8,700 00
Pensions for Certain Retired Justices.
0345-01 For pensions of retired judges, as authorized by law $22,563 00
Acts, IDilO. - Cii ai\ 171. 10?>
Service of ihe Executive Department.
Extraordinary bJxjjetisi's.
Item
0405-01 For the cost, not to exceed fifLoen thousand dollars, of enter-
tainmont of distintniished visitors to the commonwealth, pro-
vitlcd that no expenditure shall be allowed for a party
exceeding- fifty visitors; for the payment of extraordinary
expenses not otherwise provided for; and for transfers to
appropriation accounts where the amounts otherwise avail-
able are insutlicient, provided that requests for such trans-
fers 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 recommenda-
tion as to the amount of funds required, with facts pertinent
thereto $25,000 00
Civil Defense Agcnvij-
040G-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 approi)riation continued . . . $23,000 00
Service of the Military Division.
Adjutant General.
0420-01 For the salary of the adjutant general . . $3,557 00
0420-02 For the office of the adjutant general, including not more than
thirty-eight permanent positions . . . 10,041 00
Militia:
0421-13 For compensation for special and miscellaneous duty, including
not more than seven permanent positions, and for expenses
of operation of the twenty-sixth division 3,695 00
0421-21 For the service of the air national guard, including not more
than one permanent position .... 1,77G 00
State Qaartermasfer.
0423-02 For the operation of armories of the first class, including not
more than ninety permanent positions . . $40,000 00
Boards and Commissions serving under Governor and Council.
Commission on Administration and Finance.
0441-02 For a study of the space requirements of the various depart-
ments, boards and commissions to enable the commissioner of
administration to negotiate a contract or lease, as authorized
by section eight of chapter six hundred and three of the acts
of nineteen hundred and fifty-eight . . $48,500 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 .... 2,700 00
0445-01 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 Highway Fund . . 3,200 00
104 Acts, 1959. — Char 171.
Item
0445—03 For the compensation and expenses of the personnel appeals
board, as authorized by chapter six hundred and fifteen of
the acts of nineteen hundred and fifty-eijjht $3,000 00
0448-01 For administration of the state employees' ^oup insur-
ance, including not more than eleven permanent posi-
tions 9,934 00
0448—02 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 divisions 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 sev-
eral 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 continued 68,000 00
State Superintendeyit of Buildings.
0450-01 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 posi-
tions $30,000 00
State Racing Commission.
0463-01 For the service of the commission, including not more than
eleven permanent positions; provided, that fees paid to
veterinarians for services in connection with horse racing
shall not exceed twenty-five dollars per diem, and in connec-
tion with dog racing, shall not exceed twenty dollars per
diem $5,164 00
State Housing 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 general . $15,200 00
Veterans' Bonus Commission.
0484-01 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 . $6,500 00
Cominissioner of Vetcraiis' Services.
0485-03 For the payment of annuities to certain disabled veterans, as
authorized by sections six A to six C, inclusive, of chapter
one hundred and fifteen of the General Laws, as amended,
prior appropriation continued . . . $3,500 00
CoviTnissioner on Alcoholism.
0499-01 For the service of the oflSce of the commissioner on alco-
holism, including not more than three permanent posi-
tions $1,773 00
Acts, 1959. — Chap. 171,
105
I torn
0501-
Service of the Secretary of the Commonwealth
02 Item 0501-02 of section two of chapter five hundred and sixty-
seven of the acts of nineteen hundred and fifty-eight is
hereby amended by striking out the wording and inserting in
phice thereof the following: —
For the office of the secretary, including not more than seventy-
eight permanent positions .... $22,307 00
0528-01 For a certain payment, as authorized by chapter eleven of the
resolves of the current year .... 1,643 GO
Service of the Treasurer and Receiver-General.
OGOl-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 $1,200 00
St((te Board of Retirement.
0604-01 For the administrative office of the board, including not more
than twenty permanent positions . . . $400 00
Service of the Auditor of the Commonwealth.
0701-02 For the office of the auditor, including not more than forty-two
permanent positions; provided, that the comptroller shall
transfer to the General Fund the sum of ninety-three thous-
and nine hundred and four dollars from the Highway
Fund . . $10,500 00
0701-23 For an audit of the accounts of the Metropolitan Transit Au-
thority 3,000 00
0701-25 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 ..... 2,400 00
Service of the Department of the Attorney General.
0801-02 For the office of the attorney general, including not more than
forty-one permanent positions, for the year nineteen hundred
and fifty-nine and the previous year . . $2,149 00
0802-01 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 comp-
troller shall transfer to the General Fund from the appropri-
ate funds sums equal to the payments made under this item
for claims against agencies whose appropriations are derived
from other funds 30,000 00
0802-02 For the settlement of certain small claims, as authorized by
section three A of chapter twelve of the General
Laws ........ 5,000 00
0828-01 For a certain payment, as authorized by chapter one hundred
and forty-four of the resolves of nineteen hundred and fifty-
eight 5,796 00
Service of the Department of Agriculture.
0901-02 For the office of the commissioner, including not more than
thirty-three permanent positions . . . $3,610 00
Service of the Department of National Resources.
1001-02 For the office of the commissioner, including not more than
thirty-four permanent positions . . . $5,000 00
106 Acts, 1959. — CHAr. 171.
Division of Foi'csts and Parks.
Item
1002-12 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 au-
thorized 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 $15,000 00
1002-21 For the development of forests, including not more than thirty-
eight permanent positions .... 8,900 00
1002-26 For certain farm forestry projects in co-operation with the
United States Forest Service and the county of Berkshire, in-
cluding not more than one permanent position; provided, that
no expenditure shall be made under this item until the county
of Berkshire shall have deposited the sum of one thousand six
hundred and sixty-four dollars in the state treasury for this
project 50 00
1002-27 For certain fai-m forestry projects in co-operation with the
United States Forest Service and the county of Essex, includ-
ing not more than one permanent position; provided, that no
expenditure shall be made under this item until the county
of Essex shall have deposited the sum of one thousand five
hundred and thirty-seven dollars in the state treasury for
this project . .' 50 00
1002-31 For the suppression of insect pests and shade tree diseases, in-
cluding gypsy 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 hundi'ed and fifty-seven
and thereafter representing thoir 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 author-
ization of notes under section four of said chapter one hun-
dred 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 progi'am to its completion
all charges shall be apportioned equally between 1002-31
and sums made available by section two of chapter one hun-
dred and forty-eight of the acts of nineteen hundred and
fifty-four, prior appropriation continued . 21,000 00
D)7'isin7i of Law Evforccvievi.
1003-02 For the administration and enforcement of laws relative to
shellfish and other marine fisheries, and for regulating the
sale and cold storage of fresh food fish, including not more
than twenty-eight permanent positions . . $4,250 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 administra-
tion of the activities provided for under item 2610-04; pro-
vided, that a sum not exceeding ton thousand dollars may be
expended from this item for an educational program in re-
gard to handling fish aboard vessels contingent upon receiving
a subsidy equal to the expenditures from the federal govern-
ment for the purpose ..... $2,500 00
Division of Water Resources.
1010-01 For the service of the division, including not more than four
permanent positions ..... $1,300 00
Acts, inno. - Ohai-. 171. 107
Service of the Department of Banking and Insurance.
Diritiion of l!a)ikn.
Item
1101-02 P^or the office of the comiuissioner, iiu'ludinii,- not more than one
hundred and sixty-five permanent positions . $37,500 00
1102-01 Fi>r the office of the supervisor of loan agencies, including not
more than eleven permanent positions . . 22,440 00
Division of hisurance.
1103-02 For the service of the division, including expenses of the board
of appeal and certain other costs of supervising motor vehicle
liability insurance, and including not more than two hundred
and forty-five i)ermanent positions; provided, that contracts
or orders for the purchase of statement blanks for the making
of annual reports to the commissioner of insurance shall not
be subject to the restrictions prescribed by section one of
chapter five of the General Laws; and, provided further, that
the comi)troller shall transfer to the General Fund the sum of
two hundred and fifty-nine thousand six hundred and forty
dollars from the Highway Fund . . . $5,000 00
Service of the Department of Corporations and Taxation.
1201-02 Item 1201-02 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by striking out the wording and inserting in place
thereof the following: —
For personal services of the department except as otherwise
provided, including not more than seven hundred and fifteen
permanent positions; 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 two hundred
and thirty-two thousand six hundred and twenty-four dollars
from the receipts of the income tax . . $111,091 00
1201-03 For expenses of the department except as otherwise pi'ovided
for; provided, that the comptroller shall transfer to the Gen-
eral Fund the sum of forty-one thousand six hundred and
sixty dollars from the Highway Fund . . 3,000 00
1202-02 For expenses of the income tax division; provided, that a sum
equivalent to the payments under this item shall be trans-
ferred to the General Fund from the receipts of the income
tax 249,575 00
Service of the Department of Education.
1301-02 For the office of the commissioner, including not more than
eighty-four permanent positions . . . $2,450 00
1301-03 Item 1301-03 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by striking out in line twelve the words "two hun-
dred and ten" and inserting in place thereof the following: —
two hundred and thirty-five.
1301-10 For the service of the state building on Newbury Street,
Boston, including not more than five pei-manent posi-
tions ........ 2,500 00
1301-32 For assistance to children of certain war veterans, prior appro-
priation continued, as authorized by section seven B of chap-
ter sixty-nine of the General Laws and corresponding pro-
visions of earlier laws ..... 65,000 00
1301-33 For certain educational services to certain war vet-
erans ........ 75 00
108 Acts, 1959. — Chap. 171.
School Lunch and Commodity Distribution Program.
Item
1305-01 For the administration of the program, including not more than
twenty-seven permanent positions . . . $16,900 00
Education of Deaf and Blind Pupils.
1311-01 For education of deaf and blind pupils of the commonwealth, as
provided by section twenty-six of chapter sixty-nine of the
General Laws, prior appropriation continued $100,000 00
Division of University Extension.
1313-01 Item 1313-01 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by striking out in line six the words "two hundred
thousand" and inserting in place thereof the following: —
two hundred and twenty thousand.
Division of Immigration and Americanization.
1315-01 For the service of the division, including not more than nineteen
permanent positions ..... $852 00
Division of Public Libraries.
1316-01 For the service of the division, including not more than twenty-
five permanent positions .... $600 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
positions ....... $5,000 00
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 ...... 2,500 00
1317-11 For the operation of local shops, including not more than eleven
permanent positions ..... 540 00
1317-16 For the operation of certain industries for men, including not
more than nine permanent positions . . 1,000 00
1317-28 For the promotion of vocational rehabilitation of the blind in
co-operation with the federal government, prior appropriation
continued ....... 54,000 00
Teachers' Retirement Board.
1319-01 For the sei*vice of the board, including not more than thirty
permanent positions ..... $4,031 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 200.000 00
Massachusetts MaHtim,e Academy.
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 .... $45,500 00
For the maintenance of and for certain iyiiproi'ements at the
following state teachers' colleges, and the boarding halls
attached thereto, with the approval of the com)nissio7ier of
education:
1330-01 State teachers college at Bridgewater, including not more than
one hundred and nine permanent positions . $7,000 00
1330-21 State teachers college at Bridgewater, boarding hall, in-
cluding not more than thirty-seven permanent posi-
tions 1,000 00
Acts, 1959. — Chap. 171. 109
Item
1331-01 State teachers college at Fitchburj?, including not more than
ninety permanent positions .... $7,000 00
1331-21 State teachers college at Fitchburg, boarding hall, including
not more than eleven permanent positions 1,000 00
1332-01 State teachers college at Framingham, including not more than
eighty-nine permanent positions . . . 17,000 00
1332-21 State teachers college at Framingham, boarding hall, including
not more than thirty permanent positions . 1,000 00
1333-01 State teachers college at Lowell, including not more than sixty-
eight permanent positions .... 2,000 00
1333-21 State teachers college at Lowell, boarding hall 1,000 00
1334-01 State teachers college at North Adams, including not more than
thirty-eight permanent positions . . . 2,000 00
1334-21 State teachers college at North Adams, boarding hall, including
not more than seven permanent positions . 700 00
1335-01 State teachers college at Salem, including not more than eighty-
one permanent positions .... 2,000 00
1336-01 State teachers college at Westfield, including not more than
sixty-two permanent positions . . . 700 00
1336-21 State teachers college at Westfield, boarding hall, including not
more than seven permanent positions . . 300 00
1337-01 State teachers college at Worcester, including not more than
sixty-six permanent positions . . . 2,000 00
1339-01 Massachusetts school of art, including not more than forty-three
permanent positions ..... 2,000 GO
For the maintenance of and for certain improvements at the
following institutes, with the approval of the commissioner of
education and the trustees thereof.
1340-01 Bradford Durfee College of Technology, including not more
than fifty-four permanent positions, and including the sum of
ten thousand dollars which is to be assessed upon the city of
Fall River as a part of the charges to be paid by said city
to the commonwealth in the calendar year nineteen hundred
and fifty-eight $4,000 00
University of Massachusetts.
1350-01 For the maintenance of the University of Massachusetts, with
the approval of the trustees, including not more than one
thousand one hundred and twenty-six permanent posi-
tions $85,000 00
Massachusetts Board of Regional Community Colleges.
1360—01 For administration of the program, as authorized by section
twenty-seven of chapter fifteen of the General Laws, appro-
priation expires June thirtieth, nineteen hundred and
sixty ........ $25,000 00
Division of Youth Service.
1380-01 For the youth service board and for the administration of the
division of youth service, including not more than seventy-
nine permanent positions .... $14,940 00
For the maintenance of and for certain improvements at the
institutions within the division:
1381-01 Industrial school for boys, including not more than one hundred
and twenty-one permanent positions . . $8,000 00
1382-01 Industrial school for girls, including not more than seventy
permanent positions ..... 9,700 00
110 Acts, 1959. — Chap. 171.
Item
1383-01 Lyman school for boys, including not more than one hundred
and thirty-five permanent positions . . $26,500 00
1384-01 For the operation of reception and detention facilities for boys
ill the city of Boston, including not more than fifty-one per-
manent positions ...... 5,080 00
1385—01 For the operation of the institute of juvenile guidance, including
not more than fifty-two permanent positions 2,450 00
1386—01 For the operation of reception and detention facilities for girls
in the city of Boston, including not more than twenty-seven
permanent positions ..... 4,750 00
1388-01 For the operation of a residential treatment unit for small boys
in Oakdale, including not more than twenty-one permanent
positions 5,000 00
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 appropria-
tion continued $1,000 00
Service of the Department of Civil Service and Registration.
Division of Civil Service.
1402—02 For the service of the division, including not more than two
hundred and thirteen permanent positions; provided, that
the comptroller shall transfer to the General Fund the sum
of one hundred and fifty-three thousand five hundred and
twenty-eight dollars from the Highway Fund $4,000 00
Division of Registration.
1403—02 For the service of the division, including not more than forty-
eight permanent positions .... $44,980 00
For the service of the following agencies in the division:
1411-01 Board of registration in veterinary medicine, including not more
than five permanent positions . . . $300 00
1412-01 Board of registration of professional engineers and land
surveyors ....... 6,905 00
1418-01 Board of registration of real estate brokers and sales-
men ........ 500 00
Service of the Department of Commerce.
1551-01 Item 1551-01 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by adding at the end thereof the following: — ;
provided, that notwithstanding the provisions of section eight
A of chapter twenty-nine of the General Laws, the sum of one
thousand one hundred and fifty-four dollars and nineteen
cents shall be allowed and paid for certain improvements to
the New York office during the fiscal year nineteen hundred
and fifty-seven.
Service of the Department of Labor and Industries.
1607-01 For the division of statistics, including not more than thirty-
four permanent positions .... $9,526 00
Health, Welfare and Retirement Trust Funds Board.
1640-01 For the service of the board, as authorized by sections ten E
and ten F of chapter twenty-three of the General
Laws ... .... $40,000 00
Acts, 1959. — Chai\ 171. Ill
Divi!tion of Ivdustrial Accidenfi^.
Itom
1651-OG Item 1()51-0G of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by strikinjr out the wordinjr and inserting in place
thereof the following: —
P^r 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 appropriation continued; provided, that
the comptroller shall transfer to the General Fund the sum of
three hundred and sixty-eight thousand dollars from the
Highway Fund . . ' . . . . $197,000 00
Service of the Department of Mental Health.
For the imnntcnoiice of and for certain iinprovemenffi at the
foUoirivg instHufioiis 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 posi-
tions $67,550 00
1713-00 Foxborough state hospital, including not more than four hun-
dred and seventy permanent positions . . 80,200 00
1714-00 Gardner state hospital, including not more than four hundred
and eighty-one permanent positions . . 87,300 00
1715-00 Grafton state hospital, including not more than five hundred
and sixty-nine permanent positions . . 25,000 00
1716—00 Item 1716-00 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by adding at the end thereof the following: — ;
provided, that an overpayment of thirty dollars deemed to be
uncollectible may be charged to this item.
1719-00 Item 1719-00 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by adding at the end thereof the following: — ;
provided, that notwithstanding any other provision of law to
the contrary, there shall be included payments totaling five
thousand four hundred and three dollars and seven cents for
certain prior-year salaries earned but not paid 88,835 00
1723-00 Belchertown state school, including not more than four hundred
and sixty-two permanent positions . . . 50,000 00
1724-00 Walter E. Fernald state school, including not more than eight
hundred and thirty permanent positions . 67,550 00
1725-00 Wrentham state school, including not more than six hundred
and thirty-eight permanent positions . . 10,000 00
Service of the Department of Correction.
Parole Board.
1805-01 For the sei-vice of the board, including not more than sixty-
three permanent positions .... $1,500 00
Section two of chapter four hundred and thirty-four of the
acts of nineteen hundred and fifty-eight is hereby amended
by striking out the heading preceding item 1810-01 and
inserting in place thereof the following: —
For the vinintenance of and for certain improvements at the fol-
lowing im^titutions imder the control of the department of
correction; provided, however, that the governor, upon the
recommendation of the commission on administration and fi-
nance, may allocate funds by transfer or otherwise between
appropriations made available to the department of correction
112 Acts, 1959. — Chap. 171.
Item
for the fiscal year ending June thirtieth, nineteen hundred and
fifty-nine, in appropriation items 1802-01, 1810-01, 1812-01,
1812-02, 1814-01, 1814-02, 1816-01, 1816-02, 1818-01 and
1818-02:
1810-01 Correctional institution at Bridgewater, including not more
than four hundred and eighty-one permanent posi-
tions $40,000 00
1812-01 Correctional institution at Walpole, including not more than two
hundred and seventy permanent positions . 9,000 00
1812-02 Correctional institution at Walpole, industries, including not
more than thirty permanent positions; provided, that the com-
missioner of correction shall determine the cost of the manu-
facture of motor vehicle registration plates and certify to the
comptroller the amounts to be transferred therefor from the
Highway Fund to the General Fund . . 21,000 00
1814-01 Correctional institution at Concord, including not more than
two hundred and forty-five permanent positions 17,000 00
1814-02 Correctional institution at Concord, industries, including not
more than twenty-three permanent positions 3,200 00
1816—01 Correctional institution at Framingham, including not more than
one hundred and thirty-one permanent positions 10,000 00
1818-01 Correctional institution at Norfolk, including not more than two
hundred and fifty-three peraianent positions 25,000 00
1818-02 Correctional institution at Norfolk, industries, including not
more than twenty-nine permanent positions 1,800 00
Service of the Department of Public Welfare.
1901-03 For administration of the program of old age assistance provided
by chapter one hundred and eighteen A of the General Laws,
and for the office of the commissioner and expenses of the
depai'tment of public welfare, including not more than five
hundred and sixty-nine permanent positions . $7,500 00
1901-06 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 General Laws . . . 5,000 00
Division of Child Gnardianship.
1906-04 For the care and maintenance of children under the jurisdiction
of the division of child guardianship, prior appropriation
continued $356,000 00
Service of the Department of Public Health.
Bureau of Administration.
2001—03 For a poliomyelitis vaccine (Salk) progi'am, as authorized by
chapter four hundred and eighty-one of the acts of nineteen
hundred and fifty-five, as amended, and for the development
of programs for the diagnosis, care, treatment and rehabili-
tation of victims of the poliomyelitis epidemic, to be ex-
ponded either with or without grants or contributions from
public or private agencies; provided, that such grants or con-
tributions may be expended without appropriation, prior
appropriation continued .... $75,000 00
Bureau of Health Services.
2004-01 For the service of the bureau of health services, including not
more than fifty-four permanent positions . $42,445 00
Acts, 1959. — Chap. 171.
118
Item
For tlie }nni)itcna)icc of and for certain inijirovcments at the fol-
lowing i7istitutio7i^ under the control of the department of
public health:
1919-00( Item 1919-00 of section two of chapter four hundred and thirty-
2021-OOj four of the acts of nineteen hundred and fifty-ei^ht is hereby
amended by striking? out the wording and by changing the
item number to item 2021-00 and by inserting in phice there-
of the following: — 2021-00 for the maintenance of the Tewks-
bury hospital, including not more than seven hundred and
sixty-one permanent positions . . . $29,000 00
8457-02 Item 8457-02 of section four of chapter seven hundred and
eleven of the acts of nineteen hundred and fifty-six is hereby
amended by adding at the end thereof the following: — ; pro-
vided, that notwithstanding the provisions of section eight A
of chapter twenty-nine of the General Laws, the sum of four
thousand two hundred dollars shall be allowed and paid for
the purchase and installation of certain equipment.
Thames River Valley Flood Control Commission.
2040-04 For expenses of the commission, as authorized by chapter six
hundred and sixteen of the acts of nineteen hundred anfl
fifty-seven $7,300 00
Service of the Department of Public Safety.
2101—02 For certain administrative expenses of the department, including
not more than ninety-nine permanent positions $2,250 00
Board of Schoolhoiise Struct^iral Standards.
2110-01 For the service of the board, as authorized by chapter six hun-
dred and seventy-five of the acts of nineteen hundred and
fifty-five, as amended $1,200 00
Service of the Department of Public Works.
Division of Waterways.
2202-07 For the operation and maintenance of the New Bedford state
pier, including not more than three permanent posi-
tions $5,970 00
2220-23 Any funds remaining in item 2220-23 of section two of chapter
seven hundred and seventy-one of the acts of nineteen
hundred and fifty-seven are hereby made available for the
continued investigation and study relative to great ponds,
as authorized by chapter one hundred and fifty-five of the
resolves of nineteen hundred and fifty-eight.
2220-46 For certain improvements to the channel markings in the Plum
Island River, as authorized by chapter four hundred and
ninety-five of the acts of nineteen hundred and fifty-
eight 2,000 00
Service of the Department of Public Utilities.
2301-01 For personal services of the commissioners, including not
more than seven permanent positions . . $12,000 00
2301-02 For administration, including not more than seventy-three
permanent positions ..... 4,233 00
Commercial Motor Vehicle Division.
2304-01 For the service of the division, including not more than thirty-
two permanent positions .... $2,966 00
114 Acts, 1959. — Chap. 171.
Annuities and Payments.
Item
2805-01 For the payment of certain annuities and pensions of soldiers
and others under the provisions of certain acts and re-
solves $3,250 00
Miscellaneous.
2820-03 For the payment of certain compensation, as authorized by
chapter five hundred and thirty of the acts of nineteen hun-
dred and fifty-eight $4,500 00
2820-07 For the payment of certain claims, as authorized by chapters
thirty-two and thirty-three of the resolves of nineteen hun-
dred and fifty-eight 4,029 00
2820-08 For the payment of claims for unpaid checks, with the approval
of the state treasurer and certification by him to the comp-
troller of the amount due, w^here payment has otherwise been
prevented as a result of the application of section thirty-two
of chapter twenty-nine of the General Laws 100 00
2820-32 For a reserve for expenses arising from the increased cost of
postage, the sum of one hundred thousand dollars is hereby
appropriated and made available for transfer, w-ith the ap-
proval of the commission on administration and finance, to
appropriation items where the amounts otherwise available
are insufficient for the purpose; provided, that no such trans-
fer shall limit the power of the budget commissioner to in-
crease or decrease the amounts of subsidiary accounts as
authorized by section twenty-nine of chapter twenty-nine of
the General Laws 100,000 00
2820-40 For the payment of the commonwealth's share of certain ex-
penses of the Massachusetts Market Authority 465 00
4181-00 Notwithstanding any provision of law or rules and regulations
of the division of personnel, the comptroller is hereby author-
ized to allow payments totaling one thousand eighty-six dol-
lars and seventy-nine cents made to certain employees of the
division of employment security prior to July first, nineteen
hundred and fifty-eight, and deemed to be uncollectible.
APPROPRIATIONS MADE FROM THE HIGHWAY FUND.
Service of the Department of Public Works.
High way AcfivH ies.
The salaries nf nil officers and employees of the department
engaged iv projects or actiinties relating to highioays shall be
charged for the nineteen hundred and fifty-nine fiscal year in
full to appropriations authorized under the heading of "High-
ivay Activities" in this act:
2900-121 From the unexpended balances remaining in items 2900-12 and
2900-36 > 2900-36 of section two of chapter four hundred and thirty-
2900-02J four of the acts of nineteen hundred and fifty-eight, the sum
of four hundred and seventy thousand dollars from said item
2900-12 and the sum of nine hundred and fifty thousand
dollars from said item 2900-36 are hereby transfen-ed and
made available for the purposes of item 2900-02 of section
tv.'o of said chapter four hundred and thirty-four, and said
item 2900-02 is hereby amended by inserting in line seven
after the word "rules" the following:— ; and, provided
further, that the sum of one million four hundred and twenty
thousand dollars is hereby made available for personal serv-
ices in addition to the initial amounts made available for the
purpose.
Acts, 19r)9. — Cttap. 171. IIT^
Service of the Reijistry of Motor Vehicles.
Item
2900-36 ( From the unexpended halancc reniaininj;' in item 2900-36 of sec-
2924-011 tion two of chapter four hundred and thirty-four of the acts
of nineteen hundred and lifty-ei^ht, the sum of one hundred
and twenty-live thousand dollars is herehy transferred and
made available for the purjioses of item 2921-01 of section
two of said chapter four hundred and thirty-four.
Service of the Department of Public Safety.
Division of State Police.
2900-04 ( From the unexpended balance remaininjj in item 2900-04 of
2926-011 section two of chapter four hundred and thirty-four of the
acts of nineteen hundred and lifty-eig-ht, the sum of fifteen
thousand dollars is hereby transferred and made available
for the purposes of item 2926-01 of section two of said chap-
ter four hundred and thirty-four.
Service of the Metropolitan District Commission.
The following item is to be paid tvith the approval of the Metro-
politan District Commission:
2900—04^ From the unexpended balance remaining in item 2900-04 of
2931-06) section two of chapter four hundred and thirty-four of the
acts of nineteen hundred and fifty-eight, the sum of sixteen
thousand five hundred dollars is hereby transferred and made
available for the purposes of item 2931-06, and said item
2931-06 is hereby amended by adding at the end thereof the
following:—; and, provided further, that the amount author-
ized by chapter one hundred and fifteen of the resolves of
nineteen hundred and fifty-eight shall be paid from this item;
and, provided fui'ther, that notwithstanding any other pro-
vision of law to the contrary, there shall be included a pay-
ment of six hundred and forty-two dollars for a certain prior-
year salary earned but not paid.
APPROPRIATIONS 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 Fund the sum of eleven thousand
dollars from the Agricultural Purposes Fund $30,500 00
3809-22 For certain renovations and improvements to the state agricul-
tural and industrial building in the town of West Springfield;
provided, that this item shall be subject to the provisions of
section thirty A of chapter seven of the General Laws, ap-
propriation expires June thirtieth, nineteen hundred and
fifty-nine ....... 9,580 00
APPROPRIATIONS PAYABLE FROM THE MOSQUITO
CONTROL FUND.
Service of the State Reclamation Board.
3918-00 For the expenses of mosquito control projects, as authorized by
chapter four hundred and thirty-two of the acts of nineteen
hundred and fifty-eight, to be a.ssessed in the calendar year
nineteen hundred and fifty-nine . . . $79,451 00
116 Acts, 1959. — Chap. 171.
appropriations payable from the state
recreation areas fund.
Service of the Department of Natural Resources.
Division of Forests and Parks.
Item
4010-01 For the service of the bureau of recreation, including not more
than seventy permanent positions . . . $29,000 00
Service of the Department of Public Works.
4050-01 Item 4050—01 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by striking out, in line two, the word "two" and in-
serting in place thereof the word: — three . $3,700 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 ..... $300 00
APPROPRIATIONS PAYABLE FROM THE METROPOLITAN
DISTRICT COMMISSION FUNDS.
The following appropriations are to be assessed upon the several
districts in accordance with the methods fixed by law, unless
otherwise provided, and to be expended under the direction of
the Metropolitan District Commission:
Metropolitan Water System.
8902—25 For certain claims, as authorized by chapter three hundred and
seventy-nine of the acts of nineteen hundred and fifty-
eight $25,000 00
8902— 26 i From the unexpended balance remaining in item 8902-26 of
8902-80) section two of chapter four hundred and thirty-eight of the
acts of nineteen hundred and fifty-seven the sum of four
thousand one hundred and seventy-seven dollars is hereby
transferred and made available for the purposes of item
8902-80 of section two of chapter five hundred and forty-one
of the acts of nineteen hundred and fifty-five.
LOCAL AID APPROPRIATIONS.
The following appropriations are for reimbursements and grants
to local governments and for certain other purposes, and are
to be in addition to any unexpended balance of appropriations
heretofore made for the purpose :
APPROPRIATIONS MADE FROM THE GENERAL FUND.
Service of the Judiciary.
Superior Court.
2603-01 For reimbursing certain counties for compensation of certain
special justices for services in holding sessions of district
courts in place of the justice, while sitting in the superior
court, for the year nineteen hundred and fifty-nine and the
previous year ...... $45,400 00
Acts, 1959. — CnAr. 171. 117
Service of the Department of Corporations and Taxation.
Rrimbitrsemcnt for fjoss of Taxcn.
Item
2G12-02 For the roimbursement of cities and towns for abatements
{rranteci, as provided by section eijrbt A of chapter fifty-eight
and section five of chapter fifty-nine of the General
Laws $17,000 00
Service of the Department of Education.
2G13-05 For the reimbursement of certain cities and towns for a part
of the expenses of maintaining agricultural and industrial
vocational schools, as provided by law . . $197,245 00
2G13-0G For reimbursement of certain cities and towns far adult
English-speaking classes .... 11,366 00
2G13— 07 For the reimbursement of certain towns for the transportation
of pupils, as authorized by section eight A of chapter seventy-
four of the General Laws; provided, that a sum equivalent
to the payments under this item shall be transferred
to the General Fund from the receipts of the income
tax 11,088 00
2613-19 For the reimbursement of certain cities and towns maintaining
extended courses of instruction, as authorized by section
seventy-eight of chapter seventy-one of the General
Laws 8,000 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 nine-
teen hundred and fifty-one, and if necessary for supplement-
ing federal funds allocated for the special milk program; pro-
vided, that notwithstanding any provisions of law to the con-
trary, reimbursements so authorized to be paid from state
funds shall not exceed fifty per cent of the total reimburse-
ment authorized by the national school lunch act; and, pro-
vided further, that a sum equivalent to the payments under
this item shall be transferred to the General Fund from the
receipts of the income tax . . . $150,000 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 ...... $35,000 00
Service of the Department of Public Welfare.
2619-08 For reimbursement to cities and towns for old age assistance, as
provided by law ..... $7,500,000 00
2619-09 Item 2619-09 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by striking out in line four the words "one million
seven hundred and fifty thousand" and inserting in place
thereof the following: — three million.
DEBT SERVICE APPROPRIATIONS.
APPROPRIATIONS MADE FROM THE HIGHWAY FUND,
Interest and Redemption of Debt.
2952-00^ From the unexpended balance remaining in item 2952-00 af sec-
2951-OOj tion two of chapter four hundred and thirty-four of the acts
of nineteen hundred and fifty-eight, the sum of three hundred
118
Acts, 1959. — Chap. 171.
Item
and sixty-three thousand nine hundred and eleven dollars is
hereby transferred and made available for the purposes of
item 2951-00 of said section two of chapter four hundred
and thirty-four of the acts of nineteen hundred and fifty-
eight $441,210 00
DEFICIENCIES.
For deficiencies in certain appropriations of previous years, in
certain funds, as follows:
2899-00 General Fund $32,058 00
2999-00 Highway Fund 8,619 00
3999-00 Special Assessment Fund .... 459 00
4099-00 State Recreation Areas Fund .... 898 00
8699-00 Metropolitan District Parks Fund . . . 3,409 00
8999-00 Metropolitan District Water Fund . . . 1,200 00
Section 3. It is hereby provided that, for the purpose of allocating
charges for engineering services rendered during fiscal nineteen hun-
dred and fifty-nine as a part of the direct cost of the projects for
which they were incurred, the comptroller is liereby directed to trans-
fer to Water System Bond Issue Accounts 9104-06 and/or 9104-07
from the following items such amounts as may be certified to him by
the commissioner of the metropolitan district commission as charge-
able to said items for personal services rendered by the personnel
of the construction division upon the projects provided for in said
items :
8329-00
9104-05
9107-33
8602-91
9107-01
9107-34
9102-01
9107-02
9107-35
9103-01
9107-21
9107-36
9103-02
9107-22
9107-39
9103-03
9107-23
9114-01
9103-04
9107-25
9117-01
;no4-03
9107-26
9118-01
9104-04
9107-31
Section 4. To provide for meeting the cost of salary adjustments
authorized to be paid in accordance with the provisions of section fif-
teen of chapter seven luindred and forty-three of the acts of nineteen
hundred and fifty-seven the unexi)ended balance remaining in item
2844-01 of section two A of chapter three hundred and forty-two of
the acts of nineteen hundred and fifty-eight is hereby made available
for transfer, as provided in said section fifteen, to appropriation ac-
counts for personal services for the fiscal year nineteen hundred and
fifty-nine, and amounts available for personal services for the fiscal
year nineteen hundred and fifty-nine shall be available for the pay-
ment of said salary adjustments.
Section 5. This act shall take efl£ect upon its passage.
Approved April 6, 1959.
Acts, 1959. — (^iiaps. 172, 173. 119
Chap. 172. An Act .vrTiioHi/.ixr. Tin: city ok marlbokoikjII to bor-
row MOXEV FOR THE PURPOSE OF PROVIDING OFF-STREET
I'UBLIC PARKING FACILITIES IN SAID CITY.
Be it enacted, etc., as follows:
Section 1. For the purpose of providiuj^ olV-street public parking
faeilities the city of iMarJborough may, for such purpose, acquire by
purchase, lease or otherwise, or take by eminent domain under the pro-
visions of cliapter seventy-nine or eighty A of the General Laws, such
land and buildiugs located in said city as the city council may deter-
mine. Said city may for the purposes of this act borrow, from time
to time, within a period of five years from the passage of this act, such
sums as may be necessar}^, not exceeding in the aggregate two hun-
dred and fifty thousand dollars and may issue bonds or notes therefor
which shall bear on their face the words, City of Marlborough, Public
Parking Loan, Act of 1959. 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 liinit, and shall, except as herein pro-
vided, be subject to chapter forty-four of the General Laws, exclusive
of the limitation contained in the first paragraph of section seven
thereof.
Section 2. Said city may install parking meters in said off-street
parking areas and the receipts thereof shall be applied annually, first,
to reimbursing the city for its annual payments on account of the
above-mentioned loan, and secondly, for any of the purposes for
which parking meter receipts may be used under sections twenty-two
B and twenty-two C of chapter forty of the General Laws, including
the taking by eminent domain under chapters seventy-nine and eighty
A of the General Laws of additional parking lots and the care and
maintenance of the same.
Section 3. Upon liquidation of the loan authorized by section
one, receipts from said parkiug meters may be used for the purposes
prescribed by sections twenty-two B and twenty-two C of chapter
forty of the General Laws, or for the purposes of acquiring such other
off-street parkiug spaces in said city by purchase, lease or otherwise,
or by eminent domain, as the city council shall determine.
Section 4. Said city may acquire said meters in the manner pro-
vided by section twenty-two A of chapter forty of the General Laws.
Section 5. This act shall take effect upon its passage.
Appro vcel April 8, 1959.
Chap. 173. An Act relative to the dates of filing and certifica-
tion OF nomination papers and the holding of pre-
liminary elections in the city of holyoke.
Be it cnacteel, etc., as follows:
Section 1. Section 1 of chapter 327 of the acts of 1957 is hereby
amended by striking out. in line 1, the word "third" and inserting
in place thereof the Avord : — fourth.
120 Acts, 1959. — Chaps. 174, 175.
Section 2. Section 3 of said chapter 327 is hereby amended by
striking out, in line 10, the word "sixth" and inserting in place
thereof the word : — eighth.
Section 3. Section 4 of said chapter 327 is hereby amended by
striking out, in line 10, the word "fifth" and inserting in place thereof
the word : — seventh.
Section 4. This act shall take effect upon its passage.
Approved April 8, 1959.
Chap. 174. An Act authorizing co-operxVTIve banks to make cer-
tain MORTGAGE LOANS UP TO NINETY PER CENT OF THE
VALUE OF THE MORTGAGED PROPERTY.
Be it enacted, etc., as follows:
Section 24 of chapter 170 of the General Laws is hereby amended
by inserting after subsection 3 the following subsection : —
3A. Notwithstanding the provisions of subsection 3, the amount
of any loan when made or acquired may exceed eighty per cent but
not more than ninety per cent of the value of the mortgaged prop-
erty as certified by the security committee, provided that (a) a loan
made under this subsection shall not exceed eighteen thousand dollars ;
(6) the term of the note therefor shall not exceed eighteen years;
(c) said loan shall be secured by a first mortgage on a single family
residence occupied or to be occupied by the mortgagor; (cZ) the secu-
rity committee has certified in writing (1) that the mortgagor does
not require junior financing; (2) that the building has a useful life
beyond the term said loan has to run and (3) that the building will
be completed prior to the making of any disbursement on the loan;
(c) the terms of the note or mortgage require monthly payments in
such amounts that the aggregate principal reduction at any time dur-
ing the term of the loan shall not be less than that which would be
required in the case of a note of like amount and interest rate pro-
viding for complete amortization by equal monthly payments over a
period of eighteen years which payment shall be first applied to in-
terest and the balance thereafter remaining applied to principal.
Interest upon each such loan shall be computed monthly on the unpaid
balance thereof. A note or mortgage taken under this subsection
shall contain a provision requiring the payment each month of a
proportionate part of the estimated real estate taxes and betterment
assessments. The aggregate amount of loans outstanding hereunder
shall not at any one time exceed five per cent of the deposits of the
corporation. Approved April 8, 1959.
Chap. 175. An Act imposing a penalty for failure to surrender
A sporting, hunting, fishing or trapping license after
demand and notice.
Be it enacted, etc., as follows:
Chapter 131 of the General Laws is hereby amended by striking out
section 16A, inserted by chapter 647 of the acts of 1955, and inserting
Acts, 1959. — Chap. 176. 121
in place thereof the following section: — Section 16 A. The provisions
of section sixteen, except as hereinafter provided, shall not apply to
any lioldor of a sportiii<i:, hunting, fishing or trapping license w^ho
viohites section six in that he fails to carry snch license on his person
and wear it in a visibk^ manner on his outer clothing while fishing,
hunting or trapi)ing; provided, that he furnishes definite proof to the
person demanding the production of his license for inspection, as
authorized in said section six, that he is the holder of a valid license.
In the event that a holder of such license fails to carry it on his per-
son and wear it in a visible manner, he shall for his first offence be
rei)orted to the director ; upon his second such offence, his license shall
be surrendered and shall be void for a period of thirty days from
the date of the notice of his second oft'euce, after which it will be
returned to him by the director; and upon a subsequent offence his
license shall be subject to the provisions of section sixteen. The fail-
ure to surrender a license on demand of the director, conservation
ofifieer or any officer empowered to enforce this chapter, after notice
by certified mail to surrender such license, shall be punished by a fine
of not less than ten nor more than fifty dollars.
Approved April 8, 1959.
Chap. 176. An Act relative to deposits in savings departments
OF TRUST companies.
Be it enacted, etc., as follows:
Section 1, Section 60 of chapter 172 of the General Laws is
hereby amended by striking out the last sentence, as appearing in
section 2 of chapter 23 of the acts of 1951.
Section 2. Said chapter 172 is hereby further amended by in-
serting after said section GO the following section: — Section 60 A.
Such corporation may receive deposits in its savings department, sub-
ject to the following limitations: —
1. Deposits from any person for his own account or for the ac-
counts of one or more distinct estates or trusts, not more than ten
thousand dollars for each account ; and may allow interest on such
deposits, and upon the interest accumulated thereon until the prin-
cipal, with the accrued interest, amounts to twenty thousand dollars,
and thereafter upon no greater amount than twenty thousand dollars.
2. Deposits on any joint account provided for in section fourteen
of chapter one hundred and sixty-seven to the amount of twenty
thousand dollars; and may allow interest on such deposits, and upon
the interest accumulated thereon, until the principal, with the accrued
interest, amounts to forty thousand dollars, and thereafter upon no
greater amount than forty thousand dollars. Either party to a joint
account also may make deposits for his individual account, but the
deposits in his individual account and in all joint accounts to which
he is a party shall not at any one time exceed twenty thousand dol-
lars, exclusive of interest accumulated thereon.
Said limitations shall not apply to deposits by a religious, chari-
table or educational corporation or organization, a labor union, credit
122 Acts, 1959. — Chaps. 177, 178.
union, fraternal benefit society, in the name of a judge of probate,
by order of any court, on account of a sinking fund of a town in the
commonwealtli, or of any trust fund held by a town for public uses,
or of the funds of any state, county or municipal retirement or pen-
sion system or asso(nation. Approved April 8, 1959.
Chap. 177. An Act increasing the amounts which savings banks
MAY receive as DEPOSITS FOR THE ACCOUNT OF A SINGLE
PERSON, ESTATE OR TRUST, AND IX JOINT ACCOUNTS.
Be it enacted, etc., as follows:
Section 1. Section 21 of chapter 1G8 of the General Laws is
hereby amended by striking out paragraph 1, as api)earing in section
1 of chapter 432 of the acts of 1955, and inserting in place thereof the
following paragraph : — 1. Amounts Limited. — Such corporation may
receive on deposit from any person for his own account or for the
accounts of one or more distinct estates or trusts, not more than ten
thousand dollars for each account; and may allow interest on sucli
deposits, and upon the interest accumulated thereon, until the prin-
cipal, with the accrued interest, amounts to twenty thousand dollars,
and thereafter upon no greater amount than twenty thousand dollars.
Section 2. Section 22 of said chapter 1G8, as so appearing, is
hereby amended by striking out the first paragraj)!! and inserting in
place thereof the following paragrai)h: — Such corporation may receive
dej)Osits on any joint account provided for in section fourteen of
chapter one hundred and sixty-seven to the amount of twenty thou-
sand dollars, and may allow interest upon such deposits, and upon
the interest aecunnilated thereon, until the prineipal. with the ac-
crued interest, amounts to forty thousand dollars, and thereafter upon
no greater amount than forty thousand dollars. Either party to a
joint account also may make deposits for his individual account, but
the deposits in his individual account and in all joint accounts to
which he is a party shall not at any one time exceed twenty thousand
dollars, exclusive of interest accumulated thereon.
Approved April 8, 1959.
Chap. 1 78. An Act relative to the persons who may certify that
A voter by reason of physical DISAHUJTY is UNABLE TO
CAST HIS VOTE IN PERSON.
Be it enacted, etc., as follows:
Section 1. Chapter 54 of the General LaM's is hereby amended by
striking out section 8(), as most recently amended by chapter 101 of
the acts of 1954, and inserting in i)lace thereof the following section : —
Section 86. Any voter who during the hours that the polling places
are open on the day of the biennial state election is absent from the
city or town where he is a voter by reason of his employment in an-
other community or for any other reason or who will be unable bj''
reason of physical disability to cast his vote in person at the polling
Acts, 1959. — ('haps. 179, 180. 12^,
pl.icc. ;m(l whoso iipplii'.il imi \'ov ;m official absent voting ballot has
been fiieil witli llio city or town cleric as provided in section eighty-
nine, or with the state secretary, and certified under section ninety-
one, may vote in accordance with sections eighty-seven to one hundred
and three, inclusive; provided, that a voter who is in a penal institu-
tion under sentence shall not be entitled or permitted to avail himself
of the provisions of this and the seventeen following sections; and
lirovided, further, that a voter who will be unable by reason of physi-
cal disability to cast his vote in person at the polling place shall file
with the city or town clerk with his application for an official absent
voting ballot a certificate executed by a registered physician, attending
registered nurse, superintendent of a hospital or like institution, a
practitioner of th(> Christian Science Church, or an ordained minister,
priest, or rabbi who is personally acquainted with the voter and aware
of his physical disability, stating that the voter will be unable by
reason of physical disability to cast his vote in person at the polling
place on the day of election.
Section 2. Clause (h) of section 87 of said chapter 54 is hereby
amended by striking out the heading "Certificate of Physician, Hos-
pital Superintendent, Attending Registered Nurse or Christian Sci-
ence Practitioner" as appearing in section 2 of chapter 153 of the
acts of 1951, and inserting in place thereof the following: — -Certificate
of Physician, Hospital Superintendent, Attending Registered Nurse,
Ordained Minister, Priest, Rabbi, or Christian Science Practitioner.
Approved April 8, 1959.
Chap. 179. An Act providing that co-operative banks mat make
REAL ESTATE LOANS TO PERSONS OTHER THAN MEMBERS.
Be it rnacied, etc., as follows:
Section 24 of chapter 170 of the General Laws is hereby amended
by striking out subsection 1, as appearing in section 1 of chapter 371
of the acts of 1950. Approved April 8, 1959.
Chap. 180. An Act providing for the issuance of certain certifi-
cates BY THE secretary OF STATE FOR FILING IN REGIS-
TRIES of DEEDS AND TOW^N CLERKS ' OFFICES AS EVIDENCE
OF MERGERS AND CONSOLIDATIONS OF CORPORATIONS.
Be it enacted, etc., as follows:
Section 1. The last paragraph of section 46A of chapter 156 of
the General Law-s, as appearing in chapter 524 of the acts of 1948, is
hereby amended by inserting after the word "business", in line 7, the
words: — , or, in lieu of such certified copy, a certificate issued pur-
suant to section forty-six F evidencing the filing of such articles with
the state secretary, — so as to read as follows: — The resulting corpora-
tion shall, within twenty days of the filing of such articles with the
state secretary, file a copy thereof, certified by the state secretary, in
the registry of deeds in every district in which real property of the
124 Acts, 1959. — Chap. 181.
merged corporation, association or trust is situated, and with the
clerk of ever}'' town where such association or trust had a usual place
of business, or, in lieu of such certified copy, a certificate issued pur-
suant to section forty-six F evidencing the filing of such articles with
the state secretary.
Section 2. The sixth paragraph of section 46B of said chapter
156, as appearing in section 2 of chapter 514 of the acts of 1941, is
hereby amended by inserting after the word "situated", jn line 5,
the words: — , or, in lieu of such certified copy, a certificate issued
pursuant to section forty-six F evidencing the filing of such articles
with the state secretary, — so as to read as follows : — The consolidated
corporation shall within twenty days of the filing of the articles of
consolidation with the state secretary file a certified cop}' thereof in
the registry of deeds in every district in which real property of any
constituent corporation is situated, or, in lieu of such certified copy,
a certificate issued pursuant to section forty-six F evidencing the
filing of such articles with the state secretary.
Section 3. The fifth paragraph of section 46D of said chapter
156, as so appearing, is hereby amended by inserting after the word
"situated", in line 5, the words: — , or, in lieu of such certified copy,
a certificate issued pursuant to section forty-six F evidencing the
filing of such articles with the state secretary, — so as to read as fol-
lows: — The consolidated corporation shall, within twenty days of the
filing of the articles of consolidation with the state secretary, file a
certified copy thereof in the registry of deeds in every district in
which real property of any constituent corporation is situated, or, in
lieu of such certified copy, a certificate issued pursuant to section
forty-six F evidencing the filing of such articles with the state secre-
tary.
Section 4. Said chapter 156 is hereby further amended by in-
serting after section 46E the following section: — Section 46F. Upon
payment of a fee of two dollars, the state secretary shall issue a cer-
tificate in such form as he shall prescribe, evidencing the filing in the
office of the state secretary of any articles of amendment pursuant to
section forty-six A, or of any articles of consolidation pursuant to
section forty-six B or section forty-six D. Approved April 8, 1959.
Chap. 181. An Act increasino toe number of shares in a co-
operative BANK which mat BE HELD BY A PERSON IN-
DIVIDUALLY OR BY TWO OR MORE PERSONS AND PROVIDING
that A CORPORATION OR TRUST MAY HOLD AS MANY OF
SUCH SHARES AS TWO OR MORE PERSONS MAY HOLD.
Bg it enacted, etc., as follows:
Section 16 of chapter 170 of the General Laws is hereby amended
by striking out the first two paragraphs, as amended by chapter 108
of the acts of 1954, and inserting in place thereof the following two
paragraphs : —
Except as otherwise provided in this chapter and in other applic-
able provisions of law, no person individually shall hold in any one
Acts, 1959. — Chap. 182. 125
such corporation, at the same time, more thau fifty serial shares and
more thau a combined total of fifty paid-up and savings shares; and
no two or more persons, as provided in section fifteen, shall hold more
than one hundred serial shares and more than a combined total of
one hundred paid-up and savings shares, and each person so holding
shares with one or more other persons also may hold shares indi-
vidually, but the total amount of shares in such corporation held at
the same time by such person both individually and with one or more
other persons, shall not exceed one hundred serial shares and the
combined total of one hundred paid-up and savings shares. Said
limitations upon individual holdings shall apply to shares held by
more than one fiduciar}^ in the same estate and to shares held for each
estate where the same person is fiduciary in two or more distinct
estates.
The foregoing limitations upon holdings of two or more persons
shall apply to shares held by the commonwealth or any political sub-
division thereof, a banking institution, corporation, trust, religious,
charitable, medical service or cemetery organization or corporation,
labor union, credit union, or fraternal benefit society, or with respect
to any one estate or proceeding in the name of a judge of probate or
b}' order or approval of court, or on account of any fund held by any
fiduciary subject to the supervision of any court, or on account of
any fund held in custod.y or trust under the jurisdiction of the com-
monwealth or any political subdivision thereof, or by any public or
private retirement or pension sj^stem, association, corporation or trust.
Approved April 8, 1959.
Chap. 182. An Act authorizing the city op malden to convey a
CERTAIN PARCEL OF PARK LAND THEREIN TO THE UNIVERSAL
realty CORPORATION.
Be it enacted, etc., as follows:
The city of Maiden is hereby authorized to convey to Universal
Realty Corporation, a Massachusetts corporation, a certain parcel of
park land containing about one hundred seventy thousand square feet
and being designated on the City Engineer's Plan No. D779, subject
to such easements as the city may retain for drainage purposes, in
consideration of the conveyance by said Universal Realty Corporation
to said city of a certain parcel of land owned by said corporation and
containing approximately one hundred seventy-one thousand square
feet and being bounded by Kennard street, Marion street, land of
owners unknown, and by the above-mentioned land now owned by the
city of Maiden, as shown on said plan. Said city is authorized to make
said conveyance subject to such other terms, conditions and restric-
tions as the mayor and city council may determine ; provided, how-
ever, that the deed of said city shall contain an express condition
binding upon the grantee, its successors or assigns, that no open air
theatre or parking area incidental to or connected with an open air
theatre shall be constructed or maintained on the land conveyed by
said deed. Approved April 8, 1959.
126 Acts, 1959. — Chaps. 183, 184.
Chap. 1 83. An Act authorizing and directing tue city of med-
FOKD TO TRANSFER CERTAIN I'ARK LAND TO TUE MEDFORD
HOUSING AUTilOKITY FOR A HOUSING PROJECT FOR ELDERLY
PERSONS.
Be it enacted, etc., as follows:
Section 1, The city of Medford through its board of park coiu-
missiouers is hereby authorized and directed to transfer to the Med-
ford Housing Authority for use as a housing project for elderly
persons of low income certain park land in said city bounded and
described as follows : —
Beginning at the Southeasterly corner of a tract of land on Elm
Street, formerly of Samuel C. Lawrence and as bounded and described
in a taking by the Town of JNIedford on July fifteen, eighteen eighty-
nine, recorded at the Registry of Deeds, Southern District of Middle-
sex County, on August twelve, eighteen eighty-nine in Book No.
nineteen twenty-five, Page five hundred twenty-nine, by land now or
formerly of Helen E. Saville; thence the line runs North 62 degrees — -
09 minutes West b}' said land now or formerly of Helen E. Saville a
distance of two hundred seven and four tenths feet (207.4') ; thence.
North 58 degrees — 01 minute West by said land now or formerly of
Helen E. Saville a distance of three hundred twenty-eight feet (328')
to a corner ; thence, North 27 degrees — 0-1 minutes East by said land
now or formerly of Helen E. Saville a distance of five hundred fifty
feet (550') ; thence North 25 degrees — 26 minutes East by said land
now or formerly of Helen E. Saville a distance of one hundred twenty-
one and two tenths feet (121.2') to laud of the Town of Medford
formerly land of Tudor ; thence, North degrees — 19 minutes East
l)y said land of Medford a distance of one hundred and one hun-
dredths feet (100.01'); thence North degrees— 01 minute West by
said land of Medford a distance of two hundred and fifty feet (250') ;
thence North 89 degrees — 59 minutes East a distance of four hundred
feet (400') ; thence South 23 degrees — 16 minutes East a distance of
five hundred and thirty feet plus or minus (530' ±) to the North side-
line of Elm Street; thence, by the Northerly sideline of Elm Street by
various courses and distances to the point of beginning, or such por-
tion thereof as may be required by the Mcnlford Housing Authority
for a project for the housing of elderly persons.
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 8, 1959.
Chap. 184. Ax Act authorizing the city of Worcester to acquire
THE real AND PERSONAL PROPERTY OP THE WORCESTER
protective DEPARTMENT AND PROVIDING THAT CERTAIN
PERSONNEL OF SAID PROTECTIVE DEPARTMENT SHALL BE-
COME MEMBERS OP THE WORCESTER FIRE DEPARTMENT.
Be it enacted, etc., as folloivs:
Section 1. The Worcester Protective Department, a corporation
incorporated by chapter two hundred and thirty-four of the acts of
Acts, 1959. — Chap. 185. 127
eighteen liuudred and seventy-five, is hereby autliorized to convey and
transfer to the city of Worcester, and tlie city conncil of said city is
hereby authorized in the name of and on belialf of said city to acquire
for a nominal sum, all the property, real and ])ersonal, of said Worces-
ter Protective Dci)artment as shown on an inventory furnished the
Worcester fire department on June twenty-third, nineteen hundred
and fifty-eight. Upon the acquisition and transfer of said property,
the city council shall provide by ordinance or order for the manage-
ment and operation of the same.
Skctiox 2. Upon the acquisition and transfer of said property, as
provided for in section one, the following personnel of the Worcester
I'rotective Dei)artment, namely. Lieutenant Francis A. Leland, Pri-
vates Carl B. Kej'nolds, Warren E. Nelson, Francis X. Quinn, Henry
F. nines, Edward J. Dickinson, Joseph R. Ambrose, Leon H. Win-
chester, Charles J. Collins, Andrew J. Yess, Paul J. Greaney, Edward
L. Metterville, Edw^ard E. Nelson, John J. Foley, John J. Halloran,
shall become members of the Worcester fire fighting force, subject to
a qualifying examination by the division of civil service, and shall
have the same sick leave, vacation, seniority, i)romotion, emi)loyment
and pension rights as any new employee of the city of Worcester, and
shall be subject to transfer and assignment to any duties within the
Worcester fire department as the chief engineer of the said depart-
ment may determine, but shall retain their classification, insofar as
practicable under the civil service laws and rules relating to classi-
fication, and rate of pay received by them as members of the AVorces-
ter Protective Department on the date of the acquisition and transfer
of said property, as provided for in section one.
JSection 3. This act shall take effect upon its ])assage.
Approved April 13, 1959.
Chap. 185. xVx Act validating the action taken by the town of
OAK BLUFFS IN WITHDRAWING FROM THE MOSQUITO CON-
TROL project IN THE COUNTY OF DUKES COUNTY.
Be it enacted, etc., as follows:
Section 1. The action of the tow-n of Oak Bluffs in withdrawing
from membership in the mosquito control ])roject established in the
county of Dukes County, in accordance with the provisions of section
three of chapter three hundred and seventy-one of the acts of nine-
teen hundred and fifty-seven, taken at the annual town meeting held
on February eleventh, nineteen hundred and fifty-nine, and at any
adjourned session thereof, and all acts done i)ursuant to such action,
are hereby ratified, validated and confirmed in all respects, notwith-
standing any defect or omission in the warning of such meeting, to
the same extent as if such meeting had been duly warned in all
respects.
Section 2, This act shall take effect upon its passage.
Approved April 13, 1959,
128 Acts, 1959. — Chaps. 186, 187.
Chap. 186. An Act postponing the effective date of the law
REQUIRING PLANS, SPECIFICATIONS, PLATS AND REPORTS PRE-
PARED BY PROFESSIONAL ENGINEERS OR LAND SURVEYORS TO
BE STAMPED WITH A SEAL WHEN FILED WITH PUBLIC
AUTHORITIES.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to forthwith postpoue the effective date of the
law requiring plans, specifications, plats and reports prepared by
professional engineers or land surveyors to be stamped with a seal
when filed with public authorities, therefore it is hereby declared to
be an emergency law, necessary for the immediate preservation of the
public convenience.
Be it enacted, etc., as follows:
Notwithstanding any provision of section eighty-one M of chapter
one hundred and twelve of the General Laws to the contrary, plans,
specifications, plats and reports prepared by professional engineers
or land surveyors whether or not registered under the provisions of
said chapter one hundred and twelve shall not, until January first,
nineteen hundred and sixtj'', be required to be stamped with a seal
when the same are filed with public authorities.
Approved April 13, 1959.
Chap. 1 87* An Act further increasing the amount of wages
EXEMPT from attachment BY TRUSTEE PROCESS AND
MAKING A CERTAIN CORRECTIVE CHANGE RELATIVE TO TRUS-
TEE PROCESS.
Be it enacted, etc., as follows:
Section 1. Section 28 of chapter 24G of the General Laws is
hereby amended by striking out the first sentence, as appearing in
chapter 155 of the acts of 1956, and inserting in place thereof the
following sentence : — If wages for personal labor or personal services
of a defendant are attached for a debt or claim, an amount not ex-
ceeding fifty dollars out of the wages then due to the defendant for
labor performed or services rendered during each week for which such
wages were earned but not paid shall be reserved in the hands of the
trustee and shall be exempt from such attachment.
Section 2. Section 32 of said chapter 246 is hereby amended by
striking out paragraph First, as appearing in the Tercentenary Edi-
tion, and inserting in place thereof the following paragraph : — First,
By reason of having drawn, accepted, made or endorsed a negotiable
bill, draft, note or other security which at the date of the writ was
negotiable to a holder in due course under the provisions of chapter
one hundred and six.
Section 3. This act shall take effect on January first, nineteen
hundred and sixty and shall apply only to actions begun on and after
said date. Approved April 13, 1959.
Acts, 1959. — Chap. 188. 129
Chap. 1 88. An Act to consolidate hale house association, Harriet
TUBMAN HOUSE, INC., LINCOLN HOUSE ASSOCIATION, THE
children's art CENTRE, INC., AND THE SOUTH END HOUSE
ASSOCIATION.
Be it enacted, etc., as foll()Ws:
Section 1. Ilalo House Association, incorporated under chapter
one lumdred and fifteen of the Public Statutes, Harriet Tubman
House, Inc., incorporated under chapter one hundred and twenty-five
of the Revised Laws, Lincoln House Association, incorporated under
chapter one hundred and fifteen of the Public Statutes, The Children's
Art Centre, Inc., formerly Settlements Museum Association, incorpo-
rated under chapter one hundred and twenty-five of the Revised Laws,
and The South End House Association, incorporated under chapter
one hundred and fifteen of the Public Statutes, and any two or more
of them, are hereby authorized to consolidate into one corporation
under the name of United South End Settlements which shall in all
respects be a continuation of and shall have all the powers, privileges
and exemptions of each of said existing consolidating corporations,
and shall be subject to all the duties, liabilities and restrictions pro-
vided by law in so far as they relate to the said existing consolidating
corporations.
Section 2. Upon such consolidation, all property, real and per-
sonal, and all rights and interests, legal or equitable, of said existing
consolidating corporations and all devises, bequests, conveyances and
gifts heretofore and hereafter made to or for any of said existing
consolidating corporations shall vest in or for the benefit of said con-
solidated corporation and otherwise shall be held by said consolidated
corporation subject to the same terms, conditions, limitations and
trusts as they are now held by said existing consolidating corporations
or Avould have been held by said existing consolidating coi-porations
l)ut for this act, and the treasurers of said existing consolidating cor-
porations are hereby respectively authorized to execute and deliver
all papers and documents that they may deem necessary or proper
for the purpose of confirming in the consolidated corporation the
record title to the property of the existing consolidating corporations.
Skctiox 3. Upon snch consolidation the members of the existing
consolidating corporations shall be the members of the consolidated
corporation until such time as the consolidated corporation may, by
an amendment to its by-laws, provide for a different membership, and
the members of the joint board of directors and the officers of the
existing Federation of South End Settlements, an unincorporated as-
sociation with offlcps at twenty Union Park, Boston, Massachusetts,
shall be, until their successors are chosen and qualified, the membei'S
of the board of directors and the officers of the consolidated corpora-
tion which shall, except as hfM-ein pi-ovided with respect to the initial
membership and name, he governed by the by-laws of The South End
House Association in effect at the time of consolidation, until amended
by the consolidated corporation.
Section 4. Upon the acceptance of this act within one year after
its passage by two or more of the existing corporations at meetings
duly called for the purpose, duly certified copies of the respective
130 Acts, 1959. — Chaps. 189, 190.
votes of acceptance shall be filed in the registry of deeds for Suffolk
county and the consolidation of the corporations so accepting this
act shall thereupon be complete. Nothing herein shall affect any
existing corporation not so accepting this act.
Section 5. Wluitever right or authority is granted or conferred
by this act is hereb}- declared to be limited to such authority or riglit
as the general court may constitutionally grant or confer, without
prejudice to any proceeding that may be instituted in any court of
competent jurisdiction to effect the purposes of this act.
Section 6. The United South End Settlements may hold real and
personal estate to an amount not exceeding ten million dollars.
Approved April 13, 1959.
Chap. 189. An Act relative to the approval or disapproval of
PRELIMINARY PLANS BY A PLANNING BOARD UNDER THE
SUBDIVISION CONTROL LAW AND RELATIVE TO NOTICE
THEREOF.
Be it enacted, etc., as follows:
Chapter 41 of the General Laws is hereby amended by striking out
section 81S, as most recently amended by section 2 of chapter 2UG of
the acts of 1958, and inserting in place thereof the following section : —
Section 81S. 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 pre-
paid, that he has submitted such a plan. If the notice is given by
delivery the city or town clerk shall, if requested, give a written re-
ceipt therefor. Within sixty days after submission of a preliminary
plan each board shall tentatively approve such preliminary plan Avith
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. The plan-
ning board shall notify the city or town clerk of its approval or dis-
approval, as the case may be. Except as is otherwise expressly pro-
vided, the j^rovisions of the subdivision control law relating to a i)lan
shall not be ai)plicable to a preliminary plan, and no register of deeds
shall record a preliminary plan. Approved April 13, 1959.
Chap. 190. An Act clarifying the minimum wage law avith re-
spect TO its applicability to professional services.
Be it enacted, etc., as follows:
The paragraph defining "Occupation" in section 2 of chapter 151
of the General Laws, as most recently amended by chapter 174 of the
acts of 1954, is hereby further amended by inserting after the word
"include", in line 4, the words: — professional service.
Approved April 13, 1959.
Acts, 1959. — Chaps. 191, 192, 193. 131
Chap. 191. An Act autiiokizini! the payment jjy the methuen
firefighters' relief association, inc. of certain bene-
fits to certain members upon their retirement from
the fire department of the town of methuen.
Be it enacted, etc., as folloivs:
Any member of the Methuen Fircfiglitcrs' Relief Association, Inc.,
a corporation duly organized under the laws of the commonwealth,
who ceases to be a member of the Methuen fire department by reason
of being retired shall, at his request, within sixty days of his retire-
ment, be paid from the funds of said association a sum of mone.y equal
to the death benefit provided by its by-laws and he shall thereupon
cease to be a member of said association and shall no longer be entitled
to any benefits therefrom ; provided, however, that if said member
does not make such a request within sixty days of his retirement he
shall remain a member of said association and upon his death, said
death benefit shall be payable to any beneficiary previously designated
by him. In the absence of the designation of a beneficiary said death
benefit shall be paid to his heirs at law. Approved April 13, 1959.
Chap. 192. An Act designating the softball field in the stony
brook reservation as the SAMUEL S. GELEWITZ FIELD.
Be it enacted, etc., as follows:
The newly constructed softball field located in the Stony Brook
reservation in the Hyde Park district of the city of Boston shall be
known and designated as the Samuel S. Gelewitz Field, in commemora-
tion of Samuel S. Gelewitz, a deceased war veteran, and a suitable
tablet or marker bearing such designation shall be erected thereat by
the metropolitan district commission. Approved April 1.3, 1959.
Chap. 193. An Act prohibiting the building commissioner of the
city of boston from issuing certain building permits
while an appeal is pending and reducing the appeal
period to thirty days.
Be it enacted, etc., as follows:
Section 3 of chapter 488 of the acts of 1924 is hereby amended by
striking out paragraph (3), as most recently amended by section 1
of chapter 143 of the acts of 1952, and inserting in place thereof the
following paragraph : —
(3) Educational, religious, philanthropic or other institutional uses,
provided that in the case of a hospital, home for aged, convalescent
home, sanitarium, correctional institution or similar use the health
commissioner of Boston and building commissioner of Boston approve
the location as not detrimental or injurious to the residential charac-
ter of the neighborhood after public notice and hearing; and pro-
vided, further, that any person aggrieved by a decision of said com-
missionei's may, within thirty days after notice thereof, appeal
thei-cfrom as provided in section nineteen; and provided further, that
no permit for construction shall be issued during the appeal period
herein provided ; . Approved April 13, 1959.
132 Acts, 1959. — Chaps. 191, 195, 196.
Chap. 194. An Act relative to the payment by the fall river
POLICE RELIEF ASSOCIATION OF SUMS OF MONEY TO RETIRED
MEMBERS OF THE ASSOCIATION AND AUTHORIZING THE PAY-
MENT OF CERTAIN DEATH BENEFITS.
Be it enacted, etc., as follows:
The Fall River Police Relief Association, a corporation duly estab-
lished under the laws of the commonwealth, is hereby authorized,
upon the retirement of any member in good standing from the police
department of the city of Fall River, to pay such member such sum,
not exceeding five hundred dollars, as may be determined by vote of
the board of directors of said corporation. Said association is hereby
further authorized to ])ay to a member upon tlie death of his wife
such sum, not exceeding five hundred dollars, as may be determined
by said board, and upon the death of a member to pay a death benefit
in such sum, not exceeding five thousand dollars, as may be determined
by vote of said board. Approved April 13, 1959.
Chap. 195. An Act authorizing payment of interest by co-opera-
tive BANKS on certain AMOUNTS DEPOSITED IN SAVINGS
SHARE ACCOUNTS.
Be it enacted, etc., as follows :
Subsection 3 of section 13 of chapter 170 of the General Laws, as
appearing in section 1 of chapter 371 of the acts of 1950, is hereby
amended by striking out paragraph (c) and inserting in place thereof
the following paragraph : —
(c) There shall be credited to each savings share account of ten
dollars or more at every distribution date applicable to savings shares,
interest on such rate basis as the directors from time to time may
determine, not exceeding the dividend rate payable upon paid-up
shares, com])uted without regard to fractions of a dollar; provided,
that interest shall not be credited on amounts withdrawn between
distribution dates, and shall be credited upon amounts deposited from
and after the bank day next following, and may be credited upon
amounts deposited within ten days subsequent to the preceding bank
day. Approved April 13, 1959.
Chap. 196. An Act relative to membership in the co-operative
BANKS employees RETIREMENT ASSOCIATION AND TO THE
PAYMENT OF ANNUITIES OR PENSIONS TO CERTAIN MEMBERS
THEREOF.
Be it enacted, etc., as follows:
Section 1. Chapter 170 of the Cenei-al Laws is hereby amended
by striking out section 51, as most recently amended by chapter 109
of the acts of 1954, and inserting in place thereof tlie following sec-
tion: — Section 51. Fifteen or more co-opeivitive baiil<s may form the
Co-operative Banks Employees Retirement Association, in this section
and in sections fifty-two and fifty-three called the association, for the
Acts, 1959. — Chap. 196. 133
l>uf|)()si' of providing pensions For oliyiblc employees oL" the purtici-
puiing banks who retire on account of age or disability.
All co-oi)erative banks established under the laws oi" the conunon-
wealtli, the Co-operative Dank League oi" Massachusetts, the Co-
operative Banks Employees Ketirement Association, The Co-operative
Central Bank, and such other Massachusetts co-operative bank organi-
zations as from time to time may be provided for in the by-laws of the
association, and such of the respective employees of each of the fore-
going as may be provided by such by-laws, shall be eligible for mem-
Ijcrshi]) in tlie association. For the purposes of this section and sec-
tions tifty-two and fifty-three a reference to "bank" or "banks" shall,
unless the context otherwise requires, mean and include any or all of
the organizations named or referred to in this paragraph, and a ref-
erence to "board of directors" of a bank shall also, unless the context
otherwise requires, mean and include the governing body of each of
such organizations.
Eligible employees may contril)ute a portion of their salaries or
wages, to be deducted by the employing banks and paid to the associa-
tion. A participating bank may contribute to the funds of the associ-
ation to the extent determined by its board of directors, but its
contributions for future service, as defined in the by-laws, on account
of any employee shall not exceed such employee's contributions or
five per cent of his salary or wages, whichever is less, and an addi-
tional amount of not more than five per cent of that part of such
employee's annual salary or wages which is not in excess of ten thou-
sand dollars. A participating bank may also contribute for past
service, as defined in the by-laws, amounts necessary to provide
eligible employees with an annuity or pension to begin at age sixty -five
or later, such annuity or pension not to exceed one and one half per
cent of the average salary for the five years preceding the date such
bank joins the association for each year, but not exceeding twenty-five
years, of continuous employment between age thirty and the date of
such joining. If upon retirement after December thirty-first, nine-
teen hundred and fifty-eight from a participating bank of an employee
eligible for retirement under the by-laws of the association {a) the
annuity or pension provided by contributions from any and all banks,
as defined in the second paragraph of this section, to the association
or to any retirement plan established by any such bank pursuant to
chapter two hundred and eightj^-three of the acts of nineteen hundred
and forty-eight, as amended, for the benefit of such employee on
account of past and future service plus one half of his primary social
security benefit shall, in the aggregate, be less than (h) an amount
equal to two per cent of such employee's average salary for the five
years preceding the date of his retirement for each year of his service
with any and all banks as so defined, not exceeding twenty-five years,
such participating bank, through the association, may provide such
employee, upon his retirement after December thirty-first, nineteen
hundred and fifty-eight, with a supplemental annuity or pension in
monthly or other periodic instalments not exceeding in any one year
the diffei-ence obtained by subtracting the annual total of (a) from
the annual total of (5) above provided, ami to give effect to the fore-
going provisions of this sentence, such participating bank, at any time
134 Acts, 1959. — Chap. 197.
before or after such employee's retirement, may contribute to the
funds of the association sucli amounts as may be necessary to provide
such supplemental annuity or pension. No supplemental annuity or
pension shall be paid under the provisions of the preceding sentence
to any employee retiring after March first, nineteen hundred and
sixty-four unless such employee shall retire or be retired from the
employ of the participating bank not more than five years after at-
taining his normal retirement age as defined in the by-laws of the
association.
In the event that any employee who has been continuously in tlie
employ of such a bank for ten years or more becomes incapacitated
for further service by reason of physical or mental disability before
age sixty-five, the employing bank may pay him a pension in an
amount not to exceed two per cent of his average salary for the five
years preceding the date of retirement for each year, not exceeding
twenty-five years, of continuous service with any and all banks as
defined in the second paragraph of this section. Any pension paid on
account of disability may be discontinued at any time by the board of
directors of the employing bank, and shall be discontinued when any
such pensioner substantially recovers his earning capacity.
The funds contributed by participating banks and member em-
ployees shall be held or used by the trustees of the association for the
purchase of annuities or payment of pensions to eligible employees
upon their retirement from service, for the payments to beneficiaries
or representatives of any member employee of the participating bank
dying before reaching the age of retirement, and for the payment to
any such employee retiring from service before becoming entitled to a
pension or annuity. Expenses necessary for the administration of
the association shall be paid by participating banks, on a proportionate
basis as provided in the by-laws.
No annuity or pension provided by contributions from any and all
banks, as defined in the second paragraph of this section, for the
benefit of any employee of such a bank on account of past and future
service and on account of supplemental and disability benefits herein-
before provided in this section, shall exceed, in the aggregate, three
fourths of the first five thousand dollars of his average salary for the
five years preceding the date of retirement, one half of the next ten
thousand dollars of such average salary, and one fourth of any addi-
tional amount of such average salary.
Section 2. If any paragraph, clause, sentence or other provision
of this act is held unconstitutional or invalid, the remainder of the
act shall not bo alToctod thereby. Approved April 13, 19~)9.
Chap. 197. An Act relative to membership in the savings banks
EMPLOYEES RETIREMENT ASSOCIATION AND TO THE PAYMENT
OP ANNUITIES OR PENSIONS TO CERTAIN MEMBERS THEREOF.
Be it enacted, etc., as follows:
Section 1. Chapter 108 of the General Ijaws is licreby amended
by striking out section 74, as appearing in section 1 of chapter 432 of
the acts of 1955, and inserting in place thereof the following sec-
Acts, 1959. — Chap. 197. 135
tiou: — Section 71. Firteeii or more savings banks may form the
Savings Banks Emplo^'ees Ketirement Association, in this section and
in sections seventy-live and seventy-six called the association, for the
pnrpose of providing pensions for eligible employees of the partici-
pating banks who retire on acconnt of age or disability.
Ail savings banks established under the laws of the commonwealth,
the Savings Banks Association of Massachusetts, the Savings Banks
Employees Retirement Association, the Mutual Savings Central Fund,
Inc., the Savings Bank Life Insurance Council, and such other Massa-
chusetts saviiigs bank organizations as from time to time may be pro-
vided for in the by-laws of the association, and such of the respective
employees of each of the foregoing as may be provided by such by-laws,
shall be eligible for membership in the association. For the purposes
of this section and sections seventy-five and seventy-six a reference
to "bank" or "banks" shall, unless the context otherwise requires,
mean and include any or all of the organizations named or referred to
in this paragraph, and a reference to "trustees" of a bank shall also,
unless the context otherwise requires, mean and include the governing
l)ody of each of such organizations.
Eligible employees may contribute a portion of their salaries or
wages, to be deducted by the employing banks and paid to the associa-
tion. A participating bank may contribute to the funds of the asso-
ciation to the extent determined by its trustees, but its contributions
for future service, as defined in the by-laws, on account of any em-
ployee shall not exceed such employee's contributions or five per cent
of his salary or wages, whichever is less, and an additional amount of
not more than five per cent of that part of such employee's annual
salarj"- or wages which is not in excess of ten thousand dollars. A par-
ticipating bank may also contribute for past service, as defined in the
by-laws, amounts necessary to provide eligible employees with an
annuity or pension to begin at age sixty-five or later, such annuity or
pension not to exceed one and one half per cent of the average salary
for the five years preceding the date such bank joins the association
for each year, but not exceeding twenty-five years, of continuous
employment, between age thirty and the date of such joining. If upon
retirement after December thirty-first, nineteen hundred and fifty-
eight from a participating bank of an employee eligible for retirement
under the by-laws of the association (a) the annuity or pension pro-
vided by contributions from any and all banks, as defined in the
second paragraph of this section, to the association or to any retire-
ment plan estal)lished by any such bank pursuant to chapter two
hundred and eighty-three of the acts of nineteen hundred and forty-
eight, as amended, for the benefit of such employee on account of past
and future service plus one half of his primary social security benefit
sliall, in the aggregate, be less than (6) an amount equal to two per
cent of such employee's average salary for the five years preceding
the date of his retirement for each year of his service with any and
all banks as so defined, not exceeding twenty-five years, such partici-
])ating bank, through tlie association, may provide such employee,
upon his retirement after December thirty-first, nineteen hundred and
fifty-eight, with a supplemental annuity or pension in monthly or
other periodic instalments not exceeding in any one year the differ-
136 Acts, 1959. — Chap. 198.
euce ubLaiaed by sublracting tiie cuiiuuii total of (a) i'rom the auiiual
total of {b) above provided; and to give elfeet to the foregoiug pro-
visions of this sentence, such participating baiilv, at any time before
or alter such employee's retirement, may contribute to the funds of
the association such amounts as may be necessary to provide such
supplemental annuity or pension. i\o supplemental annuity or pen-
sion shall be paid under the provisions of the preceding sentence to
any emi)loyee retiring after Marcli hrst, nineteen hundred and sixty-
lour unless such employee shall retire or be retired from the employ
of the participating bank not more than hve years after attaining his
normal retirement age as defined in the by-laws of the association.
In the event that any employee who has been continuously in the
employ of such a bank for ten years or more becomes incapacitated
for further service by reason of physical or mental disability before
age sixty-five, the employing bank may pay him a pension in an
amount not to exceed two per cent of his average salary for the five
years preceding the date of retirement for each year, not exceeding
twenty-hve years, of continuous service with any and all banks as
delined in the second paragraph of this section. Any pension paid on
account of disability may be discontinued at any time by the trustees
of the employing bank, and shall be discontinued when any such pen-
sioner substantially recovers his earning capacity.
The funds contributed by participating banks and member em-
ployees shall be held or used by the trustees of the association for the
purchase of annuities or payment of pensions to eligible employees
upon their retirement from service, for the i^ayments to beneficiaries
or representatives of any member employee of the participating bank
dying before reaching the age of retirement, and for the payment to
any such employee retiring from service before becoming entitled to a
l)eiision or annuity. Expenses neeessarj' for the administration of
the association shall be paid by participating banks, on a proportionate
basis as provided in the by-laws.
No annuity or pension provided by contributions from any and all
banks, as defined in the second paragraph of this section, for the bene-
fit of any employee of such a bank on account of past and future serv-
ice and on account of supplemental and disability benefits hereinbefore
provided in this section, shall exceed, in the aggregate, three fourths
of tlie first five thousand dollars of his average salary for the five years
preceding the date of retii-ement, one half of the next ten tliousand
dollars of such average salary, and one fourth of any aihlitional
amount of such average salary.
Section 2. If any paragraph, clause, sentence or otlier })rovision
of this act is held unconstitutional or invalid, the remainder of the
act shall not be affected tliereby. Approved April 13, 1959.
Chap. 198. An Act .\i;tiiokizing the county ok fkaxkun to pay
A CERTAIN BILL INCURRED BY IT.
Be it enacted, etc., as follows:
Section 1. The treasurer of Franklin county is hereby authorized
to pay from funds available therefor the sum of eleven hundred and
thirtv-four dollars and seventy-five cents to Bernard II. Walbridge in
Acts, 1959. — Chaps. 199, 200. VM
satisfaction of his i-liiiin for servict^s performed in binding, re-l)ind-
ing and repairing eerlain vohunes of records in the registry of deeds
for said county, iiotwithslanding the fact that said claim is legally
unenforceable by reason of the failure of the board of county commis-
sioners to comply with the provisions of section seventeen of chapter
thirty-four of the General Laws.
Section 2. This act shall take elTect upon its passage.
Approved April 15, 1959.
Chap. 199. An Act authorizing the industrial accident board to
REQUIRE THAT PAYMENT FOR CERTAIN SPECIFIC INJURIES BE
MADE IN A BULK SUM.
Be it evorfrd, etc., as follows:
The last paragraph of section 36 of chapter 152 of the General Laws,
added by chapter (U of the acts of 1953, is hereby amended by strik-
ing out, in line 1, the word "may" and inserting in place thereof the
word: — shall, — so as to read as follows: — The weekly payments pro-
vided for in this section shall at the discretion of the board or any
member thereof be paid to the employee in a bulk sura. Nothing in
this section shall adversely affect the employee's right to any compen-
sation Avhich is or may become due under the provisions of this or any
other section. Approved April 15, 1959.
Chap. 200. Ax Act providing for the admissibility in evidence op
RECORDS of DISPENSARIES OR CLINICS, AND SANATORIA.
Be if niaefcd. eic, as folloivs:
(■hapter 233 of the General Laws is hereby amended by striking out
section 70. as most recently amended by section 1 of chapter 20B of the
acts of 1057. and inserting in place thereof the following section: —
Section 79. Kccords kept by hospitals, dispensaries or clinics, and
sanatoria under section seventy of chapter one hundred and eleven
shall be admissil)le, and records which the court finds are requii'ed to
be kept by the laws of any other state or territory, or the District of
Columbia, or by the laws and regulations of the United States of
America pertaining to the department of national defense and the
veterans administration, by hospitals, dispensaries or clinics, and san-
atoria similarly conducted or operated or which, being incorporated,
offer treatment free of charge, may be admitted by the court, in its
discretion, as evidence in the courts of the commonwealth so far as
such records relate to the treatment and medical history of such cases
and the court may, in its discretion, admit copies of such records, if
certified by the persons in custody thereof to be true and complete;
but nothing therein contained shall be admissible as evidence which
has i-eference to the question of liability. Copies of photographic or
mierophotoirraphic records so kept by hospitals, dispensaries or clinics,
or sanatoria, when duly certified by the person in charge of the hos-
pital, dispensary or clinic, or sanatorium, shall be admitted in evidence
equally with the original photographs or microphotographs.
138 Acts, 1959. — Chaps. 201, 202.
A record kept by any hospital, dispensary or clinic, or sanatorium
under section seventy of chapter one hundred and eleven which is re-
quired to be produced in court by any party shall be certified by the
affidavit of the person in custody thereof to be a true and complete
record, and shall be delivered by such hospital, dispensary or clinic,
or sanatorium to the clerk of such court, Avho shall keep the same in
his custody until its production is called for at the trial or hearing
})y the party requiring the said record. Such record, so certified and
delivered shall be deemed to be sufficiently identified to be admissible
in evidence if admissible in all other respects. The party requiring
the production of said record and, in the discretion of the court, any
other party may examine said record in the custody of the clerk at any
time before it is produced in court. The clerk upon the completion of
such trial or hearing shall notify such hospital, dispensary or clinic,
or sanatorium that said record is no longer required and will be re-
turned to any authorized representative of the hospital, dispensary or
clinic, or sanatorium calling for the same at the oiRce of said clerk.
Approved April 15, 1959.
Chap. 201. An Act establishing a minimum size for oysters that
MAY BE TAKEN OR POSSESSED EXCEPT FOR SEEDING PURPOSES.
Be it enacted, etc., as follows:
Chapter 130 of the General Laws is hereby amended by striking out
section 69, as amended by section 6 of chapter 98 of the acts of 1945,
and inserting in place thereof the following section : — Section 69.
AVhoever takes or has in possession quahaugs or soft-shelled clams
less than two inches in longest diameter or oj-'sters less than three
inches in longest diameter, hereinafter referred to as seed quahaugs,
seed clams or seed oysters, to the amount of more than five per cent
of any batch shall be punished by a fine of not less than five nor more
than fifty dollars or ])y imprisonment for not more than thirty days;
provided, that it shall not ])e unlawful to take seed quahaugs, seed
clams or seed oysters or have the same in possession under authority
of a permit therefor, which the director is hereby authorized to grant,
for replanting in waters or flats within the commonwealth.
Approved April 15, 1959.
Chap. 202. An Act relative to the conversion of savings banks
OR savings and loan associations.
Be it enacted, etc., as follows:
Section 1. Chapter 168 of the General Laws is hereby amended
by inserting after section 73 the following section : — Section 73 A.
Any such corporation may upon a majority vote of its board of in-
vestment, petition the board of bank incorporation for authority to
surrender its charter in order to accept a savings bank charter from
the federal government. If the board of bank incorporation deter-
mines that public convenience and advantage will be promoted
thereby, it shall grant such authority, Avhich grant shall be valid for
Acts, 1959. — Cjiap. 20:1 139
one year from the date thereof. Ui)on the receipt of such petition,
said board shall assign a date and place for a public hearing thereon
and shall fnrnish such corporation a form of notice relative thereto.
Such corporation shall publish the notice at least once a week for
three successive weeks in one or more newspapers designated by said
board and published in the town wherein the main office of such cor-
]ioration is located or, if there is no newspaper in said town, in the
town Avherein a newspaper is published and which is nearest to the
location of the main office of such corporation. If the board refuses
to approve such petition, no further proceeding thereon, except as
authorized by chapter thirty A, shall be had, but the petition may be
renewed after one year from the date of the refusal, in which case
notice of a public hearing tliereon shall be ])ublished as hereinbefore
provided. If the board grants approval of said petition, the state
charter of said bank shall become void provided: (1) the action of
said board of investment in filing such petition has been approved by
an affirmative vote of two thirds of the corporators at the annual
meeting, or at a meeting specially called for the purpose, and by an
affirmative vote of two thirds of the trustees at a regular meeting or
at a meeting specially called for the purpose, and (2) the commis-
sioner has been notified in writing by the federal supervisory author-
ity that such corporation has been granted a federal charter.
Upon the acceptance by such corporation of a federal charter, it
shall cease to be a member bank in the Mutual Savings Central Fund,
Inc., and shall be entitled to receive from the Mutual Savings Central
Fund, Inc. an amount not to exceed the actual deposits made by it
pursuant to the provisions of section four of chapter forty-four of
the acts of nineteen hundred and thirty-two, as amended, less its in-
debtedness, if any, to said Mutual Savings Central Fund, Inc. All
amounts required to be paid by the corporation pursuant to the pro-
visions of section one of chapter forty-three of the acts of nineteen
Inindred and thirty-four, as amended, shall be retained by the Mutual
Savings Central Fund, Inc. as a charge for the insurance of the de-
posits of such corporation while it was a member bank. Such corpora-
tion shall, however, participate in any distribution made under the
provisions of section ten of said chapter forty-three, but such distri-
bution shall be limited to an amount equal to the amount the corpora-
tion would have received had the Deposit Insurance Fund been
liquidated at the time such corporation accepted its federal charter.
Section 2. Section 34 of chapter 93 of the General Laws, as ap-
pearing in the Tercentenary Edition, is hereby amended by adding
at the end the following sentence : — The provisions of section forty-
nine of chapter one hundred and seventy shall govern such associa-
tions where applicable. Approved April 15, 1959.
Chap. 203. An Act reokganizing the pubtjc safety commission op
THE CITV of BOSTON AND EXTENDING ITS FUNCTION.
r>r it enacted, etc., a.s follows:
Section 1. There shall be in the administrative services depart-
ment of the city of Boston, or in such other department of said city
140 Acts, 1959. — Chap. 204.
as the city council of said city with the approval of the mayor of said
city shall from time to time determine, a board, known as the public
safety commission, consisting of the director of administrative serv-
ices, the director of civil defense, the building commissioner, the fire
commissioner, the health connnissioner, the police commissioner, the
public works commissioner, the traffic commissioner, and the superin-
tendent of schools of said city, ex otficiis. It shall be the duty of said
commission to co-ordinate the work of all departments of said city
concerned with public safety to the end that there may be efficient
and concerted action by said departments, particularly in times of
emergency and disaster. Said commission shall meet at least once
each montli, at tlic call of the director of administrative services, for
the i)urpose of discharging said duty.
Section 2. There shall be in the building department of said city
a committee of said public safety commission, known as the committee
on licenses, consisting of the building commissioner, the fire commis-
sioner, and the traffic commissioner, ex officiis. Said committee shall
have the powers and perform the duties conferred or imposed on the
board of street commissioners by chai^ter one hundred and forty-eight
of the General Laws and by chapter five hundred and seventy-seven
of the acts of nineteen hundred and thirteen, chapter four hundred
and eightj^-eight of the acts of nineteen hundred and twenty-four, and
chapter three hundred and forty-nine of the acts of nineteen hundred
and fifty-three, and all acts in amendment thereof.
Section 3. This act shall take effect upon its acceptance by the
city council of the city of Boston in accordance with the provisions of
its charter. Upon such acceptance section eight of chapter nine of the
Revised Ordinances of 1947 of said city, as amended, shall be deemed
to be repealed. Approved April 15, 1959.
Chap. 204. An Act authorizing the city of beverly to pay sums
OF money to William devitt, alice p. iiuson, bayard d.
HUSON, LAW^RENCE LAPOINTE, MARIE AND ANTHONY VAC-
CARO AND CLIFFORD M. AND HENRIETTA C. CAVERLY.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obligation, the
city of Beverly may apj^ropriate and pay to William Devitt, twenty-
five hundred dollars, Alit^e P. Iiuson, sixty-five hundred dollars, Bay-
ard D. Huson, one thousand dollars, Lawrence LaPointe, one hundred
and fifty dollars, Marie and Anthony Yaccaro, fifty-five dollars and
fifty cents, and Clifford M. and Henrietta C. Caverly one thousand
forty-two dollars and forty-two cents, all of said Beverly, in full set-
tlement of law suits brought by them against employees of the city
for damages to their ])roi)erty caused by the removal of a public shade
tree.
Section 2. This act shall take effect upon its acceptance by a ma-
jority vote of the city council with tlie approval of the mayor of said
city, subject to the provisions of its charter, but not otherwise.
Approved April 15, 1959.
Acts, 1959. — Chaps. 205, 206, 207. 141
Chap. 205. An Act providing for the issuance of certain number
PLATES FOR MOTOR VEHICLES OF COUNTY SHERIFFS DP^PART-
MENTS.
B( if ( )iact((l, (fc, (IS follows:
The sevonlli j)ara|;iui)li ol' section 2 of chapter i)0 oL' the General
Laws, as most recently aiuouded by chapter 274 of the acts of 1!)58, is
liereby further aniendetl by inserting after the word "board", the
lirst time it appears in line 8, the words: — or by the sheriff's office of
any county, — and by striking out, in said line 8, the words "or board"
and inserting in place thereof the words: — , board or office.
Approved April 15, 1959.
Chap. 206. An Act regulating the methods of taking shad.
Be it enacted, etc., as follows:
Chapter 130 of the General Laws is hereby amended by inserting
after section lOOB the following section: — Section lOOC. No person
shall take, or attempt to take, wdth or by use of a net, seine or other
contrivance of any kind or description, except by hook and line, any
shad within the jurisdiction of the commonwealth; provided, that it
shall not be a violation of this section for any person to take shad by
means of such seine, net or other contrivance, while fishing for other
fish for the catching of which the use of such seine, net or other con-
trivance is permitted, if such shad is immediately returned alive to
the waters from which taken ; and provided, further, that this section
shall not affect the taking of such fish in fish traps authorized under
authority of section twenty-nine, provided that such traps may be
examined bj'- the director or a person designated by him in writing.
If it appears, after such examination, that such trap is constructed
or operated for the primary purpose of taking shad, the director, after
a hearing, may in writing order the licensee to alter the construction
or ojx'ration of such trap. Any licensee who fails to so alter such trap
within forty-eight hours after such order has been received shall be
punished by a fine of not less than one hundred dollars for each day or
part thereof that such trap remains in operation contrary to such
order.
Whoever violates any provision of this section for which no other
penalty is provided shall be ])unished by a fine of not less than twenty-
five nor more than fifty dollars. Approved April 15, 1959.
Chap. 207. An Act providing that the selectmen of the town of
SOUTHBOROUGH SHALFj CONSTITUTE A BOARD OF PUBLIC
WORKS, WPIICH BOARD SHALL EXERCISE THE POWERS OF CER-
TAIN OTHER BOARDS, DEPARTMENTS AND OFFICES.
Be it enacted, etc., as follows:
Section 1. Chapter 127 of the acts of 1952 is hereby repealed.
Section 2. There shall be established in the town of Southborough
142 Acts, 1959. — Chap. 207.
a board of public works, and the board of selectmen shall act as such
board of public works. The members of the said board shall forth-
with, after each annual town election, elect one of their members as
chairiiian to serve until the next annual town election. The mem])ers
of the said board of public works shall receive sucli compensation for
their services as tiie town may determine.
Section 3. Upon the date when this act becomes fully effective
the board shall have the powers, rights and duties now or from time
to time vested by general or special law in the following boards, de-
partments and offices in said town, to wit : water commissioners, high-
way department, including the superintendent of streets, cemetery
commissioners, park department, moth department, and tree warden,
and such boards, departments and offices shall thereupon be abolished.
In addition, the board is hereby authorized to and shall assume all
powers, rights, duties and liabilities with respect to the collection and
disposal of garbage in said town. No contracts or liabilities in force
on the date when this act becomes fully effective shall be affected, but
the board shall in all respects be the lawful successor of the boards,
departments and offices so abolished.
Section 4. The board shall appoint a superintendent of public
works and fix his compensation. He shall be a competent civil engi-
neer, being especially fitted by training and experience to perform
the duties of said office. He may or may not be a resident of the
town. The superintendent shall exercise and perform under the
supervision and direction of the board, such of the powers, rights and
duties transferred to it under section three as it may from time to
time designate. The superintendent shall be responsible for the ef-
ficient exercise and performance of such powers, rights and duties.
The board by a majority vote may at any time remove the superin-
tendent for cause after a hearing or an opportunity therefor, provided
a written statement setting forth specific reasons for such removal is
filed with the town clerk and a copy thereof delivered to or sent by
registered mail to said superintendent at least five days before the
date of said proposed hearing. The action of the board shall l)e final.
No member of the board shall be eligible for appointment as such
superintendoit of public works. During his tenure, the superin-
tendent shall hold ]io elective or other appointive office, nor shall he
be engaged in any other business or occupation. The sujierintendent
shall, subject to the approval of the board, appoint such assistants,
agents and employees as the exercise and performance of his i)owers,
rights and duties may require and may remove them, subject to the
approval of the board. He sluiU keep full and complete records of the
doings of his office and render to the board as often as it may require
a full report of all oi)era1ions under his control during the period
reported upon; and annually and from time to time as required by
the board, he shall make a synoi)sis of such reports for publication,
including an annual report for publication in the town report. He
shall keep the board fully advised as to the needs of the town within
the scope of his duties, and shall annually furnish to the board not
later than the first day of December of each year a carefully prepared
and detailed estimate in writing of the ai)propriation required during
the next succeeding fiscal year for the proper exercise and perform-
Acts, 1959. — Chap. 207. 143
anco of all said powers, rights and duties. The superintendent, as
the board may direct, may undertake such engineering services as the
town may need in departments otiier than those mentioned in section
three.
Section 5. Tliis act sliall take full effect when accepted by a ma-
jority of the voters of said town present and voting thereon by ballot
in accordance with the provisions of General Laws, so far as the same
shall be applicable, at a meeting which the selectmen shall call for
the purpose, not later than thirty days before the annual town meet-
ing, in answer to the following question which shall be placed upon
the official ballot to be used at said meeting: — "Shall an act passed
by the General Court in the year nineteen hundred and fifty-nine en-
titled 'An Act providing that the selectmen of the towm of South-
borough shall constitute a board of public works, which board shall
exercise the powers of certain other boards, departments and offices',
be accepted?"
Section 6. At any time after the expiration of three years from
the date on which this act is accepted, twenty per cent of the qualified
voters of the town may petition the selectmen that the question of
revoking the acceptance of this act be submitted to the voters at a
meeting to be held at least sixty days before the annual town meeting.
The vote shall be taken by ballot in accordance with the provisions of
General Laws, so far as the same shall be applicable, in answer to the
following question which shall be placed upon the official ballot to be
used at said meeting: — "Shall the acceptance by the town of an act
passed by the General Court in the year nineteen hundred and fifty-
nine, entitled 'An Act providing that the selectmen of the town of
Southborough shall constitute a board of public works, which board
shall exercise the powers of certain other boards, departments and
offices', be revoked?" If such revocation is favored by a majority of
the voters voting thereon, and if the total number of voters voting
thereon shall be a majority of the registered voters of the town, this
act shall cease to be operative on and after the next annual town meet-
ing following such vote, and the town shall at the next annual town
meeting following such vote elect such boards and officers as are nec-
essary to exercise and perform the powers, rights and duties trans-
ferred to the board of public works by this act. Such action shall not
affect any contract then existing or any action at law or suit in equity
or other proceeding then pending. All general laws respecting town
administration and town oificers and any special laws relative to the
town, the operation of which has been suspended or superseded by
the acceptance of this act, shall be revived by such revocation and
shall continue to be in full force and effect. By-laws in force when
such revocation takes effect, so far as they are consistent with general
laws respecting town administration and town officers, and with spe-
cial laws relating to the town, shall not be affected thereby, but any
other by-law inconsistent with such general or special laws shall be
annulled. Any subsequent petition to revoke the acceptance of this
act shall not be filed under this section oftener than once in every
three years. Approved April 15, 1959.
144 Acts, 1959. — Chaps. 208, 209.
Chap. 208. An Act i'kuviding that cities and towns may accumu-
late IN a conservation fund moneys appropriated
FROM Y'EAR TO YEAR FOR CONSERVATION PURPOSES.
Be it enacted, etc., as follows:
Clause (51) of section 5 of chapter 40 of the General Laws, added
by section 2 of chapter 223 of the acts of 11)57, is hereby amended by
adding at the end the following two sentences: — The whole or any
part of money so appropriated in any year may be placed in a con-
servation fund and allowed to accumulate from year to year. Money
may be expended from said fund for any purpose, including the pur-
chase of laud, authorized by said section eight C.
Approved April 15, 1.959.
Chap. 209. An Act authorizing group insurance of persons
granted POLICY loans BY INSURANCE COMPANIES.
Be it enacted, etc., as follows:
Section 1. Section 133 of chapter 175 of the General Laws is
hereby amended by striking out clause (c) as most recently amended
by chapter 188 of the acts of 1958, and inserting in place thereof the
following clause: — ; or (c) a grou}) of persons who at any time are
debtors of a bank, association, financial or other institution, including
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
conditional guarantor of the ol)ligation, under an agreement to pay
any such indebtedness, or any balance thereof, in instalments over a
period of not more than ten years, or who at any time have been
granted a policy loan pursuant to a polic}^ provision therefor, written
under a policy issued, with or without medical examination, and made
payable to such creditor or the assignee of the indebtedness, or the
insurance company granting the polic}' loan, including the insurance
compan.y which issues such policy, and insuring the life of each debtor,
or the person granted such policy loan, for ;in amount not exceeding
his individual indebtedness or policy loan with interest, and not ex-
ceeding ten thousand dollars; provided, that 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 insured 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.
Section 2. Section 134 of said chapter 17.") is hereby amended by
striking out provision 4A, inserted by chapter HiO of the acts of 1955,
and inserting in place thereof the following provision: —
4A. In the case of a policy issued to a creditor to insure debtors of
such creditor, a provision that the insurer will furnish to the policy-
holder for delivery to each debtor insured under the policy a form
which will contain a statement that the life of the debtor is insured
under the policy or in the case of a ])oli('3' issued to an insurance
company to insure persons granted policy loans, a provision that the
j)olicyhol(ler will (b^liver to each person insured under the policy a
Acts, 1959. — Chaps. 210, 211, 212. 145
form which will coiitniu a statoiiient that the life of the person
jjranted the loan is insured, and that an}' death benefit paid there-
under by reason of liis deatii shall be applied to reduee or extiufjcnish
the indebtedness or poliey loan. Approved April 15, 1!)5!K
Chap. 210. Ax Act penalizing the use of certain narcotic i'kep-
ARATIONS EXCEPT IN GOOD FAITH AS A MEDICINE.
Be it enacted, etc., as follows:
Chapter J)4 of the General Laws is hereby amended by inserting
after section 199E, as appearing in section 1 of diaper 660 of the
acts of 1957, the following section : — Section 1!)9F. Whoever pur-
chases, acquires or receives and thereafter uses any narcotic prepara-
tion as defined in section one hundred and ninety-nine E except in
good faith as a medicine for the alleviation of pain or disease shall be
punished by a fine of not more than two thousand dollars or by im-
prisonment in the state prison for not less than two and one half nor
more than five years. Approved April 15, 1959.
Chap. 211. An Act validating and confirming the action of the
VOTERS of the TOWN OF WILLIAMSTOWN AT THE ANNTTAL
TOWN MEETING IN VOTING TO PROVIDE CIVIL SERVICE FOR
POLICE OFFICERS.
Be it enacted, etc., as follows:
Section 1. The action of the voters of the town of Williamstown
taken at the annual town meeting held in said town on February
sixteenth, nineteen hundred and fifty-nine, on the following question
which appeared on the official ballot used at said meeting as follows: —
"Shall the pertinent provisions of chapter thirty-one of the General
Laws, providing civil service for police officers (exclusive of the chief)
in accordance with section forty-eight, be accey)ted?", is hereby vali-
dated and confirmed notwithstanding the fact that said question was
not placed on said liallot in the manner provided by section forty-eight
of eliapter thirty-one of the General Laws.
Section 2. This act shall take effect ujion its passage.
Approveel April 31. 1959.
Chap. 212. An Act to authorize the town of westwood to con-
struct A PART OP its SVSTEM OF SEWERS AND DR.MNS IN A
CERTAIN SECTION OF THE TOWN OF NORW^OOD.
Be it enacted, etc., as follows:
Section 1. The town of Westwood in connection with the con-
struction and operation of a system of sewers and drains, as author-
ized by chapter three hundred and eighty of the acts of nineteen hun-
dred and fifty-five, as amended, is hereby authorized to construct in
Everett street, a public way in the town of Norwood, and in land in
146 Acts, 1959 — Chaps. 213, 214.
the town of Norwood adjacent to said public way such drains, sub-
drains, connecting drains, and sewers, as are deemed necessary by the
board of sewer commissioners of the town of Westwood. Said board
shall have and exercise for the purposes of this act all the authority
conferred upon it by said chapter three hundred and eighty, and by
the vote of the town of Westwood under Article 15 of the w'arrant for
the special town meeting held November seventeenth, nineteen hun-
dred and fifty-eight.
Section 2. Any person injured in his property by any action of
the board of sewer commissioners of the town of Westwood under the
provisions of this act may recover damages from said town under
chapter seventy-nine of the General Laws.
Section 3. This act shall take effect upon its passage.
Approved April 21, 1959.
Chap. 213. An Act prohibiting trespassing upon or refusal to
LEAVE CERTAIN LAND OR PREMISES APPURTENANT TO THE
soldiers' home IN MASSACHUSETTS OR TO THE SOLDIERS'
HOME IN HOLYOKE.
Be it enacted, etc., as follows:
Chapter 266 of the General Laws is hereby amended by striking out
section 123, as most recently amended by section 8E of chapter 613
of the acts of 1958, and inserting in place thereof the following sec-
tion:- — Section 123. Whoever wilfully trespasses upon laud or prem-
ises belonging to the commonwealth appurtenant to the state prison,
state prison colony, Massachusetts reformatory, reformatory for
women, state farm, Tewksbuiy hospital. Soldiers' Home in Massachu-
setts, Soldiers' Home in Holyoke, any public institution for the care
of insane, feeble minded or epileptic persons, any Massachusetts train-
ing school or state charitable institution, or upon land or premises
belonging to any county appurtenant to a jail or house of correction,
or whoever, after notice from an officer of any of said institutions to
leave said land, remains thereon, shall be punished by a fine of iiot
more than fifty dollars or b}^ imprisonment for not more than three
months. Approved April 21, 1959.
Chap. 214. An Act increasing the amount of property that may
BE HELD BY THE BOSTON YOUNG MEN'S CHRISTIAN ASSOCIA-
TION.
Be it enacted, etc., as follows:
Chapter 3 of the acts of 1928 is hereby amended by striking out, in
line 3, the words "four million five hundred thousand" and inserting
in place thereof the words: — ten million, — so as to read as folloAvs: —
The Boston Young J\Ien's Christian Association is hereby authorized
to hold real and personal estate to an amount not exceeding ten mil-
lion dollars. The amount hereby authorized shall be exclusive of such
amount as any affiliated cor})oration is authorized to hold.
Approved April 21, 1959.
Acts, 1959 — Thap. 215. 147
Chap. 215. An Act deskjnating the myles standisii state school
AS the PAUL A. DEVKR STATE SCHOOL.
B( it ( nacird, dc, as folloirs:
Section 1. The Myles Standish state school, located in the city of
Taunton, shall be known and designated as the Paul A. Dever state
school. The commissioner of mental health shall cause a suitable
tablet bearing such designation to be placed therein. The board of
trustees appointed under section six of chapter nineteen of the Gen-
eral Laws shall serve, without reappointment, as the board of trustees
of the Paul A. Dever state school.
Section 2. Section 5 of chai)ter 19 of the General Laws, as most
recently amended by section 1 of chapter 63 of the acts of 1956, is
hereby fm-ther amended by striking out, in line 11, the words "Myles
Standish" and inserting in place thereof the words: — Paul A. Dever,
— so as to read as follows : — Section 5. The boards of trustees of the
following public institutions shall serve in the department: Belcher-
town state school, Massachusetts mental health center (Boston psycho-
pathic hospital), Boston state hospital, Danvers state hospital, Fox-
borough state hospital, Gardner state hospital, Grafton state hospital,
Walter E. Fernald state school, Medfield state hospital, Metropolitan
state hospital, Monson state hospital, Norfolk state hospital, North-
ampton state hospital, Taunton state hospital, Westborough state hos-
pital, Worcester state hospital. Gushing hospital, Paul A. Dever state
school and Wrentham state school.
Section 3. Section 25 of chapter 123 of the General Laws, as most
recently amended by section 2 of said chapter 63, is hereby further
amended by striking out, in line 11, the words "Myles Standish" and
inserting in place thereof the words: — Paul A. Dever, — so as to read
as follows : — Section 25. The state institutions under the control of
the department shall be Worcester state hospital, Taunton state hospi-
tal, Northampton state hospital, Danvers state hospital, Grafton state
hospital, AVestborough state hospital, Foxborough state hospital, Med-
field state hospital, Monson state hospital, Gardner state hospital,
Wrentham state school, Boston state hospital, Walter E. Fernald state
school, Massachusetts mental health center (Boston psychopathic hos-
pital), Belchertown state school, Metropolitan state hospital, Norfolk
state hospital. Gushing hospital, Paul A. Dever state school, and such
others as may hei'oafter be added by authority of law.
Section 4. The first sentence of section 45 of said chapter 123, as
appearing in section 4 of chapter 684 of the acts of 1950, is hereby
amended by striking out, in line 3, the words "Myles Standish" and
inserting in place thereof the words: — Paul A. Dever, — so as to read
as follows: — The Walter E. Fernald state school, the Belchertown
state school, the Paul A. Dever state school and the Wrentham state
school shall each maintain a school department for tlie instruction and
education of feeble minded persons who are within the school age or
who in the judgment of the superintendent are capable of being bene-
fited by school instruction, and a custodial department for the care
and custody of feeble minded persons beyond the school age or not
capable of being benefited by school instruction.
Section 5. Section 46 of said chay)ter 123, as most recently
148 Acts, 1959 — Chap. 215.
amended by section 5 of said chapter 684, is hereby further amended
by striking out, in line 3, the words "Myies Standish" and inserting
in place thereof the words: — Paul A. Dever, — so as to read as fol-
lows: — Section 46. Persons received by the Walter E. Fernald state
school, by the Belchertown state school, by the Paul A. Dever state
school and by the Wrciithani state school shall be classified in said
departments, and the superintendent uvdy receive and discharge
pupils, and may at any time discharge any pupil or other inmate and
cause him to be removed to his home.
Section 6. The first paragraph of section 51 of said chapter 123,
as appearing in section 8 of chapter 637 of the acts of 1955, is hereby
amended by striking out, in lines 4 and 5, the words "Myles Standish"
and inserting in place thereof the words: — Paul A. Dever, — so as to
read as follows :■ — No person shall be committed to any institution for
the mentally ill designated under or described in section ten, except
the AValter E. Fernald state school, the Belchertown state school, the
Paul A. Dever state school and the Wrentham state school, unless
there has been filed with the court a certificate or certificates in ac-
cordance with section fifty-three certifying to the mental illness of
such person by two properly qualified physicians, nor without an order
therefor, signed by a judge designated in section fifty, stating that he
finds that the person committed is mentally ill and is a proper sub-
ject for treatment in a hospital for the mentally ill, and either that
said person has been an inhabitant of the commonwealth for the six
months immediately i)receding such finding, or that provision satis-
factory to the department has been made for his maintenance, or that
by reason of mental illness he would be dangerous if at large. The
order of commitment shall also authorize the custody of the mentally
ill person either at the institution first named, or at any other institu-
tion under the control of the department to which he may be properly
transferred.
Section 7. The first sentence of section 66 of said chapter 123, as
most recently amended by section 7 of said chapter 684 of the acts of
1950, is hereby further amended by striking out, in line 5, the words
"Myles Standish" and inserting in i)lace thereof the words: — Paul A.
Dever, — so as to read as follows: — Any judge of probate, within his
county, upon written application, if he finds that a person residing or
being within said county is a joroper subject for the Walter E. Fernald
state school, the Belchertown state school, the Paul A. Dever state
school or the Wrentham state school, may commit him thereto by an
order of commitment, directed to the superintendent thereof, made in
accordance with section fifty-one, and accompanied by a certificate in
accordance with section fifty-three by a physician, qualified as therein
provided, that such person is a pro|)er subject for said school, and all
provisions of said section shall apply to such certificate, except that
the physician's examination of the alleged feeble minded person shall
have occurred witliin ten days of the signing and making oath to the
certificate, which shall bear date not more than twenty days prior to
the commitment of such person.
Section 8. Section 67 A of said chapter 123, inserted by section 8
Acts, 1959 — Chap. 215. 149
of said cliaiiter (i84, is hereby aiiKMulod by striking out. in line 2, the
words "^iyles Standish" and inserting in place thereof the words: —
Paul A. Dever, — so as to read as foMows: — iSrctioii 67 A. If an inmate
of the Paul A. Dever state school has i-eached the limit of school age,
or if in the .iudgment of the dt^partment he is incapable of IxMiig fur-
llicr IxMicfiled by scliooj instruction, or if tlu^ question of the commit-
ment to or continuance in the said school of any inmate, including
inmates who may luive been transferred from one department to
another of such school, under section forty-six, is in the opinion of
tile department a proper subject for judicial inquiry, the probate
court for Bristol county, upon the written petition of said department,
or of any member thereof, and after such notice as the court may
order, may, in its discretion, order such inmate to be brought before
the court, and shall determine wdiether or not he is a feeble minded
person, and may commit him to such school or either department
thereof, or may order him to be discharged therefrom.
Section 9. Section 91 of said chapter 123, as amended by section
9 of said chapter 684, is hereby further amended by striking out, in
line 11, the words "Myles Standish" and inserting in place thereof
the words: — Paul A. Dever, — so as to read as follows: — Section 91.
Awy person may make written application to a justice of the supreme
judicial court at any time and in any county, stating that he believes
or has reason to believe that a person named in such application is
confined as an insane person in an institution or other place, public or
private, and ought not longer to be so confined, giving the names of
all persons supposed to be interested in keeping him in confinement,
and requesting his discharge. Such an application may likewise be
made by any inmate of the Walter E. Fernald state school, of the
Belchertow'n state school, of the Paul A. Dever state school or of the
Wrentham state school, or by any person in his behalf.
Section 10. Section 93 of said chapter 123, as amended by section
10 of said chapter 684, is hereby further amended by striking out, in
line 7, the words "Myles Standish" and inserting in place thereof the
words: — Paul A. Dever, — so as to read as follows: — Section 93. If
it appears upon the verdict of the jury, or in the opinion of the jus-
tice if the case is not submitted to a jury, that the person so confined
is not insane, or that he is not dangerous to himself or others and
ought not longer to be so confined, or in case of an inmate of the
Walter E. Fernald state school, of the Belchertown state school, of the
Paul A. Dever state school or of the Wrentham state school, either
that such inmate is not feeble minded, or that continued custody of
his person is unnecessary and unreasonable, or that he can be dis-
charged with safety to himself and the public, and will be cared for
properly elsewhere, he shall be discharged from confinement.
Section 11. The words "Myles Standish state school" or any
words connoting the same when used in any general or special law,
rule or regulation or judicial order or decree shall mean the "Paul A.
Dever .state school."
Section 12. This act shall take effect on October first, niiu^een
hundred and fifty nine. Approved April 21, 1959.
150 Acts, 1959. — Chaps. 216, 217, 218.
Chap. 216. An Act authorizing the peter bent brigham hospital
TO HOLD additional REAL AND PERSONAL ESTATE.
Be it enacted, etc., as follows:
Chapter 370 of the acts of 1909 is lierchy ainciided by striking out
section 1 and inserting in place thereof the following section: — Sec-
tion 1. The Peter Bent lirigham Hospital is hereby authorized to
hold, for its corporate purposes, real and personal estate to an amount
not exceeding fifteen million dollars in value, including the amount
that it is already authorized by law to hold.
Approved April 21, 1959.
Chap. 217. An Act enabling American unitarian association to
HOLD meetings OF ITS MEMBERS ANYWHERE IN THE UNITED
STATES OP AMERICA AND CANADA.
Be it enacted, etc., as follows:
Section 1. The American Unitarian Association, incorporated by
chapter forty-two of the acts of eighteen hundred and forty-seven, is
hereby authorized to hold meetings of its members anywhere in the
United States of America or Canada and to transact any and all busi-
ness at such meetings which it might transact if such meetings were
held in the commonwealth.
Section 2. Section one of this act shall take effect upon acceptance
by the members of the American Unitarian Association at an annual
meeting held in the commonwealth, and upon the filing of a certified
copy of said vote of acceptance with the secretary of the common-
wealth. Approved April 21, 1959.
Chap. 218. An Act providing that the assessment of taxes upon
THE STOCK in TRADE OF TRANSIENT VENDORS SHALL MAKE
THE TRANSIENT VENDORS LAW INAPPLICABLE TO SUCH
VENDORS.
Be it enacted, etc., as follows:
Chapter 101 of the General Laws is hereby amended by striking out
section 2, as most recently amended by chapter 243 of the acts of 1957,
and inserting in place thereof the following section : — Section 2. The
provisions of this chapter relative to transient vendors shall not apply
to sales by connnercial travelers or by selling agents to dealers in the
usual course of business, or to bona fide sales of goods, wares or mer-
chandise by sample for future delivery, or to sales of goods, wares or
merchandise by any domestic corporation or agent thereof, by any
person, whether principal or agent, who engages in temporary or
transient business in any town in which taxes have been assessed upon
his stock in trade during the current year, or to hawkers and pedlers
as defined in section thirteen, nor shall they affect the right of any
town to pass ordinances or by-laws authorized by law relative to
transient vendoi-s. No transient vendor shall be relieved or exempted
from the provisions and requirements of this chapter relative to
Acts, 1959. — Chaps. 219, 220, 221. 151
transient vendors by reason of associating himself temporarily Avitli
any local dealer, trader or merchant, or by conducting such temporary
or transient business in connection with or as a part of the business
of, or in the name of any local dealer, trader or merchant.
Approved April 21, 1959.
Chap. 219. An Act requiring that retail sale of certain edible
FISH be made by weight.
Be it enacted, etc., as follows:
Chapter 94 of the General Laws is hereby amended by striking out
section 92B, and the heading preceding said section, inserted by chap-
ter 97 of the acts of 1935, and inserting in place thereof, under the
heading "MEATS, POULTRY AND FISH", the following section:—
Scctio7i 92B. All meats, poultry and edible fish, except soft shell
clams and oysters, shall be sold at retail only by weight and, except
when sold in package form bearing a plain and conspicuous statement
of quantity of contents as provided in section one hundred and eighty-
one, such weight shall be determined at the time of sale. Whoever
himself or by his servant or agent violates any provision of this sec-
tion shall be punished by a fine of ten dollars.
Approved April 21, 1959.
Chap. 220. An Act granting jurisdiction to the superior court
to compel compliance with ordinances or by-laws of
cities and towns prohibiting or regulating the re-
moval OF SOIL, LOAM, SAND OR GRAVEL.
Be it enacted, etc., as follows:
Section 21 of chapter 40 of the General Laws is hereby amended by
striking out clause (17), as amended by chapter 352 of the acts of
1951, and inserting in place thereof the following clause : —
(17) For prohibiting or regulating the removal of soil, loam, sand
or gravel from land not in public use in the whole or in specified dis-
tricts of the town. The superior court shall have jurisdiction in equity
to compel compliance with any ordinance or by-law made hereunder.
The penalty for violation of any ordinance or by-law made hereunder
shall be as follows : — for the first offence, fifty dollars ; for the second
offence, one hundred dollars; and for each subsequent offence, two
hundred dollars. Approved April 21, 1959.
Chap. 221. An Act relative to the effect of the adoption or
AMENDMENT OF ZONING ORDINANCES OR BY-LAWS ON CER-
TAIN LAND SHOWN ON PLANS FILED UNDER THE SUBDIVISION
CONTROL LAW.
Be it enacted, etc., as follows:
Chapter 40A of the General Laws is hereby amended by striking
out section 7A, inserted by chapter 297 of the acts of 1957, and in-
152 Acts, 1959 — Chaps. 222, 223.
serting in place thereof the i'ollowiiij!: section: — Section 7A. When a
preliminary plan referred to in section eighty-one S of chapter forty-
one of the (Jeneral Laws 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, the land shown on such preliminary plan and on
the definitive plan evolved therefrom shall be governed by the zoning
ordinance or by-law in effect at the time of the submission of the pre-
liminary plan Avhile such plan or plans are being processed under the
subdivision control law; provided, that the definitive plan is duly
submitted within seven months from the date on which the prelimi-
nary plan was submitted and is thereafter duly approved; and pro-
vided, further, that the land shown thereon is to be developed for
residential use. Notwithstanding any other provision of law, no
amendment to any zoning ordinance or by-law shall apply to or affect
any lot shown on a definitive subdivision plan for residences which
has been previously ajiproved by a })lanning board until a period of
three years from the date of such approval has elapsed, provided said
lot complies with the provisions of the zoning ordinance or by-law
existing at the time of said ap|)roval. Ai^provcd April 21, 1950.
Chap. 222. An Act authorizing railroad corporations to hold
STOCK in certain COMPANIES.
Be it (nacicd, etc., os folloica:
Chapter KiO of the (ieiiei-al Laws is hereby amended by inserting
after section (j5A the following section: — Section 6'."»/>. A railroad
cori)oi'ation may hold stock in real estate, warehouse, industrial facil-
ity, and industrial development companies but in no event shall such
holdings exec^^d, in the aggrc^gate, ten y)er cent of the outstanding
caj)ital stock of such railroad cori)oration.
Approved April 21, 1959.
Chap. 223. An Act permitting the use of the balance of certain
LOANS for the CURRENT COST OF THE CARE, MAINTENANCE
AND REPAIR OF COUNTY TUBERCULOSIS HOSPITALS.
Be it eiiactrd. ( ic. a.s follon's:
Section 85A of chai)t(>r 111 of the (ieneral Laws, as ainended l)y
chapter (i5 of the acts of 1!)3-, is hereby further amended by adding
at the end the following paragraph : —
Notwithstanding the limitations imposed by section thirty-seven A
of chapter thirty-five, expeiulitures for the cost in any year of the
care, maintenance and repair of county tuberculosis hospitals may be
made from any tuberculosis hosi)ital cash balance remaining in the
treasury at the eiul of the preceding fiscal yenv resulting from loans
issued under the anthoritA^ of this section.
Approved April 21, 1959.
Acts, 1959. — Chaps. 224, 225, 22(). 153
Chap. 224. An Act providing for a reduction in sentence for
PRISONERS WHO DONATE BLOOD FOR CERTAIN CAUSES.
B( if enacted, etc., as follows:
Chapter 127 ol' tlio General Laws is hereby amended by inserting
after section 129 the; following section :—>S'c;c/)'oh 129A. A prisoner
of any correctional in.stitntion of the commonwealth whose term of
imprisonment is thirty days or more ma.v have his sentence reduced
liy five days for each pint of blood donated by him to any veterans'
organization, civil defense unit, or hospital, or to the armed forces of
tlie United States, or the Red Cross, or for the purposes of scientific
research. Each prisoner shall be limited to four donations a year.
Any reduction of sentence so earned shall not be subject to forfeiture.
The blood so donated shall not be used in any way commercially or
for a profit. A list of all such blood donors and the amounts of blood
donated l)y each shall be kept by the principal officer of the institution
and forwarded to the commissioner. Approved AprU 21, 1959.
Chap. 225. An Act authorizing the city of brockton to vote at
ITS municipal election in the current year on the
QUESTION OP adopting THE "PLAN b" FORM OF CITY GOV-
ERNMENT.
Be it enacted, etc., as follows:
Notwithstanding the provisions of chapter forty-three of the Gen-
ei-al Laws the following question shall be placed upon the ballot to
lie used at the municipal election for the city of Brockton in the cur-
rent year : — "Shall the city of Brockton adopt the form of government
defined as Plan B and consisting of government by a mayor and
councillors elected partly at large and partly from wards or districts,
with elections to be held biennially in every odd-numbered
year, according to chapter forty-three of the General Laws
relative to city charters?"
If a majority of the voters voting on said question vote in the af-
firmative, the officers provided for under said Plan B shall be elected
in accordance with the provisions of chapter forty-three of the Gen-
eral Laws relating to such plan and in accordance with section fifteen
thereof, and their terms of office shall begin at ten o'clock in the fore-
noon on the first Monday of January following their election, at
which time said Plan B shall take full effect in said city.
Approved. April 21, 1959.
Chap. 226. Ax Act to correlate a special act regulating the in-
stallation AND USE OF electric WIRING, APPARATUS,
equipment AND APPLIANCES IN THE CITY OF BOSTON WITH
THE PROVISIONS OF THE GENERAL LAWS REGULATING THE
CONSTRUCTION AND MAINTENANCE OF ELEVATORS AND
ESCALATORS.
Be it enacted, etc., as follows:
Chapter 268 of the acts of 1898 is hereby amended by adding after
section 4, inserted by section 1 of chapter 2G2 of the special acts of
YES.
NO.
154 Acts, 1959. — Chaps. 227, 228, 229.
1915, the following section : — Section 5. No provision of this act nor
any rule or regulation made thereunder shall apply to the installation,
repair or wiring of elevators, escalators or dumbwaiters.
Approved April 21, 1959.
Chap. 227. An Act to correlate the boston building code with
THE provisions OF THE GENERAL LAWS RELATIVE TO THE
LICENSING OF PERSONS ENGAGED IN THE CONSTRUCTION AND
MAINTENANCE OF ELEVATORS AND ESCALATORS.
Be it enacted, etc., as follows:
Paragraph (6) of section 120 of chapter 479 of the acts of 1938 is
hereby amended by striking out the first sentence and inserting in
place thereof the following sentence : — The board of examiners shall
hold examinations, under rules and regulations adopted by it, of per-
sons desiring to be registered as qualified to have charge or control of
the construction, alteration, removal or tearing down of buildings or
structures. xipproved April 21, 1959.
Chap. 228. An Act establishing a minimum annual compensation
FOR POLICE OFFICERS IN CERTAIN CITIES AND TOW^NS.
Be it enacted, etc., as follows:
Chapter 41 of the General Laws is hereby amended by inserting
after section 108D the following section: — Section lOSE. Notwith-
standing the provisions of any general or special law to the contrary,
the minimum annual compensation of each regular police officer of the
police department of any city or town shall be not less than the fol-
lowing :
For the first year of service four thousand eight hundred and eighty
dollars.
For the second year uf service five thousand and thirty dollars.
For the third and each succeeding year of service five thousand five
hundred dollars.
This section shall become effective when accepted in a city having a
plan E charter by the affirmative vote of a majority of all the members
of the city council, and, in the case of other cities by vote of the city
council, subject to the provisions of the charter, and in a town by
majority vote at an annual town meeting.
Approved April 21, 1959.
Chap. 229. An Act to provide for the filing of a certain affi-
davit PRIOR to the appointment OF A KEEPER OF AT-
TACHED personal PROPERTY.
Be it enacted, etc., as follows:
Section 48 of chapter 223 of the General Laws, as most recently
amended by section 1 of chapter 348 of the acts of 1938 is hereby fur-
ther amended by inserting after the first sentence the following sen-
Acts, 1959. — CHArs. 230, 231. 155
joiiec: — No writ shall he so ciidorsod unless tlie plaiutilT, in support
of his ai)pli('atic)ii I'or said ai)i)ointin(Mit, sliall first have filed an af-
fidavit stating the facts which require such appointment.
Approved April 21, 1959.
Chap. 230. An Act relative to payments for a certain specific
INJURY TO an eye UNDER TilE WORKMEN'S COMPENSATION
act.
Be it cnacicd, etc., as follows:
Section 36 of chapter 152 of the General Laws is hereby amended
by striking out paragraph (d), as appearing in chapter 519 of the
acts of 1940, and inserting in place thereof the following paragraph: —
(d) For the loss by enucleation or otherwise, or the total loss of use
of one eye, or for injury to one eye which produces an inability which
is not correctible to use both eyes together for single binocular vision,
a period of two hundred weeks, Approved April 21, 1959.
Chap. 231. An Act relating to the north Middlesex regional
SCHOOL district.
Be it enacted, etc., as foUoics:
Section 1. The proceedings heretofore taken relating to the es-
tablishment and organization of the North Middlesex Regional School
District, together with the proceedings amendatory thereof by the
towns of Ash]\v, Dunstable, Pepperell and Townsend at special town
meetings held January eighteenth, nineteen hundred and fifty-six,
namely, proceedings to adopt the first amendment to the North Mid-
dlesex Regional School District agreement providing for the with-
drawal of the towns of Ashby and Pepperell from said regional school
district, which amendment was adopted by the towns of Townsend
and Pepperell at special toAvn meetings held on June tenth, nineteen
hundred and fifty-seven, by the town of Dunstable at a special town
meeting held on June eleventh, nineteen hundred and fifty-seven, and
by the town of Ashby at a special town meeting held on June twenty-
seventh, nineteen hundred and fifty-seven, and proceedings to adopt
the second amendment to the North IMiddlesex Regional School Dis-
trict agreement providing for the readmission of the town of Pepperell
to, and the withdrawal of the town of Dunstable from said regional
school district, which amendment was adopted by the town of Dun-
stable at a special town meeting held on November twenty-fourth,
nineteen hundred and fifty-eight, by the town of Pepperell at a spe-
cial town meeting held on December first, nineteen hundred and
fifty-eight, and by the town of Townsend at a special town meeting
held on December tenth, nineteen hundred and fifty-eight are hereby
validated. Said regional school district, which presently consists of
the towns of Townsend and Pepperell, is hereby declared to be, and at
all times since its establishment and organization to have been, a valid
regional school district with all the rights, powers and duties of dis-
156 Acts, 1959. — Chaps. 232, 233.
tricts duly established and organized under section fifteen of chapter
seveJily-one of the General Laws.
Section 2. All acts and proceedings of said regional school dis-
trict and of the officers thereof heretofore done or taken are hereby
validated. Without limiting the generality of the foregoing, the vote
of the regional district school committee of said regional school district
passed January sixteenth, nineteen hundred and fifty-nine, author-
izing the issue of bonds of said regional school district to the amount
of one million eight hundred and forty-five thousand dollars, is hereby
validated and said bonds may be issued accordingly without further
opportunity to the meml)er towns to express disapi)roval of the amount
thereof.
Section 3. This act shall take efTect upon its passage.
Approved April 22, 1959.
Chap. 232. An Act validating the action of the special town
MEETING HELD IN THE TOWN OF W^ESTFORD ON MARCH
SEVENTH, NINETEEN HUNDRED AND FIFTY-NINE.
Be it enacted, etc., as foUows:
Section 1. All action taken at the special town meeting hold in
the town of Westford on March seventh, nineteen hundred and fifty-
nine, is hereby validated.
Section 2. This act shall take effect upon its passage.
Approved April 22, 1959.
Chap. 233. An Act increasing the exemption from taxation of
certain real property of certain disabijEd veterans.
Be it enacted, etc., as follows:
Section 1. Section 5 of chapter 59 of the General Laws is hereby
amended by inserting after clause Twenty-second A the following
clause : — Twenty-second B, Real estate of soldiers and sailors described
in paragraph (a) of clause Twenty-second who are legal residents of
the commonwealth, and who according to the records of the Veterans
Administration by reason of war time service in the armed forces of
the TTnited States have suffered in the line of duty permanent and
total disability, and who by reason of such disal)ility have received
assistance in acquiring "specially adapted housing" under laws ad-
ministered by the Veterans Administration, to the amount of ten
thousand dollars; provided that such real estate is occupied as his
domicile by such person ; and provided, ftu'ther. that if said property
be greater than a single family house, then only that value of so mueh
of said house as is occupied by said person as his domicile shall be
exempted; and provided, further, the real estate of the person so
exempted or the combined real estate of .such person and his wife does
not exceed ten 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 mav be included in said whole estate or com-
Acts, 1959. — Chaps. 234, 235. 157
billed property; but if said whole estate or combined property of such
soldier or sailor and his wife, being less than ten thousand dollars, the
sura total thereof and of such mortgage interest exceeds ten thousand
dollars, the amount so exempted shall be ten thousand dollars.
Two thousand dollars of this exemption shall be borne by the city
or town as provided in clause Twenty-second. The balance, up to
eight thousand dollars, shall be borne by the commonwealth, and the
state treasurer shall ainiually reimburse the city or town for the
amount of the tax which otherwise would have been collected on ac-
count of this balance.
Section 2. This act shall apply only to taxes assessed in the year
nineteen hundred and sixty and in subsequent years.
Approved April 22, 1959.
Chap. 234. An Act providing a penalty for throwing or shoot-
ing MISSILES AT A SCHOOL BUS, OR INTERFERING WITH THE
OPERATOR THEREOF.
Be it enacted, etc., as follows:
Section 104 of chapter 159 of the General Laws is hereby amended
by striking out the first sentence, as amended by section 1 of chapter
117 of the acts of 1950, and inserting in place thereof the following
sentence : — Whoever wilfull}^ throws or shoots a missile at a locomo-
tive engine, or railroad or railway car or train, or at a motor bus or
trackless trolley vehicle, or at a school bus, or at a person on such
engine, car, train, motor bus or trackless trolley vehicle, or school bus,
or in any way assaults or interferes with a conductor, engineer, brake-
man, motorman or operator while in the performance of his duty on
or near such engine, car, train, motor bus or trackless trolley vehicle,
or school bus, shall be punished by a fine of not more than one hun-
dred dollars or by imprisonment for not more than one year, or both.
Approved April 22, 1959.
Chap. 235. An Act providing that any person who, without in-
forming THE purchaser, SELLS A MOTOR VEIUCLE WHICH
HE KNOWS HAS BEEN USED AS A RENTAL VEHICLE SHALL BE
SUBJECT TO A PENALTY.
Be it enacted, etc., as follows:
Chapter 266 of the General Laws is hereby amended by striking out
section 92A, as amended by chapter 26] of the acts of 1957, and in-
serting in place thereof tlu' following section: — Section 92A. Who-
ever sells a motor vehicle knowing that its engine or electrical jiarts
have been submerged in water, or knowing that it has been used as a
jiolice car, a taxicab, or a rental vehicle by a motor vehicle rental
agency, without informing the ))urchaser of such fact shall be jiun-
ished by a fine of not less than ten nor more than five hundred dollars.
Approved April 22, 1959.
158 Acts, 1959. — Chaps. 236, 237.
Chap. 236. An Act regarding the disposition of certain un-
claimed FUNDS of former PATIENTS OR MEMBERS OF THE
soldiers' homes of the COMMONWEALTH.
Be it enacted, etc., as follows:
Section 1. Chapter 115A of the General Laws is hereby amended
by iuserting after section 5, as appearing in section 42 of chapter G27
of the acts of 1954, the following section: — Section 6. So much of
any funds known as "Patients Funds" as represents monies belong-
ing to, or deposited for the benefit of, patients or members who have
been discharged or voluntarily departed from, or died at, either of
said Homes, which shall have remained unclaimed for more than
seven years, shall be paid by the commandant or su})erintendent
thereof to the state treasurer to be held subject to be paid to the per-
son establishing a lawful right thereto, with interest at the rate of
three per cent per annum from the time when it was so paid to the
state treasurer to the time when it is paid by him to such person ; pro-
vided, that so much of any monies so paid to the state treasurer as
may be necessary to reimburse said Home for any sum due for the
support of the person by whom, or for whose benefit such money was
originally deposited, shall be credited to said Home for that purpose.
After six years from the date when any such mojiies were paid to the
state treasurer the same or any balance thereof then remaining in his
hands shall be transferred to the trustees of said Home for deposit in
its legacy fund or legacy account. Any person, may, however, estab-
lish his claim after the expiration of the six years above mentioned
and any claim so established shall be paid from the legacy fund or
legacy account of said Home. Any person claiming a right to money
deposited with the state treasurer or with the trustees under this sec-
tion may establish the same by a petition to the probate court. A
justice of said court, after examining the merits of the claim, may
direct the treasurer or the trustees to pay such money to the claimant.
Section 2. Section 14 of chapter 200A of the General Laws, as
appearing in chapter 801 of the acts of 1950, is hereby amended by
inserting after tlie word "section", in line 2, the words: — six of chap-
ter one hundred and fifteen A; section, — and l)y sti-iking out, in line
14, the words : — " ; all of the General Laws".
Approved April 22, 1959.
Chap. 237. An Act providing for life tenure for francis x. bow-
KER, incumbent OF THE OFFICE OF CHIEF OF POLICE IN THE
town OF HOPKINTON.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Francis X. Bowker, incumbent
of the office of chief of police of the town of Ilopkinton, shall, upon
the effective date of this act be unlimited, but he may be removed 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 tli(^ voters of said town
at the annual town meeting to be held in the year nineteen hundred
Acts, 1959. — Chaps. 238, 239. 159
and sixty in the form of the following question, which shall be placed
upon the oftieial ballot to be used for the election of town officers at
said meetino;: — "Shall an act passed by the general court in the year
nineteen hundred and fifty-nine, entitled :—' An Act providing for
life tenure for Francis X. Bowker, incumbent of the office of chief of
police in the town of Ilopkintou', be accepted?" If a majority of
the votes in answer to said question is in the affirmative this act shall
take full effect, but not otherwise. Approved April 22, 1959.
Chap. 238. An Act relative to the office op special investigatok
IN the police department of the town of marblehead.
Be it enacted, etc., as follows:
Section 1. Upon the termination of the services of the senior
patrolman presently assigned as special investigator in the Marblehead
police department, a lieutenant of the police department shall be as-
signed as special investigator.
Section 2. The provisions of section one of this act shall not affect
any rights of the senior patrolman presently assigned as special in-
vestigator in the Marblehead police department as set forth under the
provisions of chapter three hundred and five of the acts of nineteen
hundred and fifty-three. Upon the termination of the services of the
senior patrolman assigned as special investigator, chapter three hun-
dred and five of the acts of nineteen hundred and fifty-three shall
become inoperative.
Section 3. This act shall take effect upon acceptance by the board
of selectmen in the town of Marblehead. Approved April 22, 1959.
Chap. 239. An Act relative to discrimination because of race,
CREED, color, OR NATIONAL ORIGIN IN MULTIPLE DWELLING
AND CONTIGUOUSLY LOCATED HOUSING ACCOMMODATIONS.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 151B of the General Laws is
hereby amended by adding after subsection 11, added by section 1 of
chapter 426 of the acts of 1957, the following subsection : —
12. The term "contiguously located housing" means (1) housing
which is ott'ered for sale, lease or rental by a person who owns or at
any time has owned, or who otherwise controls or at any time has
controlled, the sale of ten or more housing accommodations located on
land that is contiguous (exclusive of public streets), and which hous-
ing is located on such land, or (2) housing which is offered for sale,
lease or rental and which at any time was one of ten or more lots of a
tract whose jilan has been submitted to a planning board as required
by THE subdivision control law, as appearing in sections eighty-one K
to eighty-one GG, inclusive, of chapter forty-one.
Section 2. Subsection 6 of section 4 of said chapter 151B, added
by section 2 of said chapter 426, is hereby amended by inserting after
the word "assisted", in line 2, the words: — or multiple dwelling or
contiguously located,^ — so as to read as follows: —
160 Acts, 1959. — Chaps. 240, 241.
G. P'or the owner, lessee, sublessee, assignee or managing agent of
publicly assisted or multiple dwelling or contiguously located housing
accommodations or other person having the right of ownership or
possession or right to rent or lease such accommodations: —
(a) to refuse to rent or lease or otherwise to deny to or withhold
from any person or group of persons such accommodations because of
the race, creed, color or national origin of such person or persons ;
(6) to discriminate against any person because of his race, creed,
color or national origin in the terms, conditions or privileges of such
accommodations or in the furnishing of facilities or services in con-
nection therewith ; or
(c) to cause to be made any written or oral inquiry or record con-
cerning the race, creed, color or national origin of a person seeking to
rent or lease any such accommodation. Approved April 22, 1951).
Chap. 240. An Act authorizing the city of boston to convey cer-
tain PARK LAND TO THE METROPOLITAN DISTRICT COMMIS-
SION.
Be it enacted, etc., as follows:
The board of park commissioners of the city of Boston, with the
approval of the mayor, is hereby authorized to convey without con-
sideration to the metropolitan district commission so much of two
parcels of land now held by said city for public park purposes,
bounded by Gardner way and Farragut road in the South Boston dis-
trict of said city, and bounded by Beacon street, Chestnut Ilill avenue.
Commonwealth avenue, and Chestnut Ilill Reservoir, in the Brighton
district of said city, as may be agreed upon by tlie city and the com-
mission to be required for the development of recreational centers by
the commission at said locations. Approved April 22, 1959.
Chap. 241. An Act authorizing the county commissioners of the
COUNTY OF MIDDLESEX TO USE FOR HIGHWAY PURPOSES CER-
TAIN LAND OP SAID COUNTY, LOCATED IN THE TOWN OF
BILLERICA AND ACQUIRED FOR HOUSE OF CORRECTION PUR-
POSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of relocating Treble Cove road iu the
town of Billerica, the county commissioners of tlie county of Middle-
sex are hereby authorized to use for highway purposes certain land
in said town acquired by said county under the provisions of chaj)ter
three hundred and eighty-one of the acts of nineteen hundred and
twenty-nine for the purpose of providing a new house of correction ;
said land being shown on a plan of the proposed relocation of said
Treble Cove road, prepared by said county commissioners, and
bounded and described as follows: —
Parcel "A". Beginning at a Massachusetts highway bound at the
northeasterly corner of the granted premises, and on the north-
Acts, 1959. — Chap. 241. 161
westerly side of the highway as laid out by the Department of Public
Works of the Commonwealth of Massachusetts on September 15, 1953,
and known as Route 3; tlience running southerly S. 15° 17' 16" W.,
119.80 feet to a IMassachusetts highway bound; thence S. 12° 09' 13"
W., 114.17 feet to a point in the northwesterly line of Treble Cove
Road as laid out by the County Commissioners in 1934, and also at
the southerly end of the 1953 town lay out of said road; thence by a
curved line of radius 746.14 feet, following the said northwesterly
line of said Treble Cove Road as laid out by the County Commis-
sioners in 1934, about 210 feet to a point in a stone wall; thence along
said stone wall in a northerly direction for a distance of about 55 feet
to a point in said wall at other land of the said County; thence along
said other land of said County by a curved line of radius 1043.35 feet,
392.52 feet to the point of beginning — containing about 9,000 square
feet;
Parcel "B", Beginning at the northeasterly corner of the granted
premises at a point in the present northwesterly line of Treble Cove
Road, as laid out by the County Commissioners in 1934; thence run-
ning southwesterly by a curved line of radius 479.47 feet in the said
present northwesterly line of Treble Cove Road, about 134 feet to a
point marking the southwesterly end of said curve of 479.47 feet
radius; thence turning and running northeasterly by a curved line
of radius, 1079.88 feet, about 134 feet to a point in a stone wall ;
thence in a southeasterly direction about 12 feet to the point of be-
ginning — containing about 575 square feet;
Parcel "C". Beginning at the northeasterly corner of the granted
premises on the northwesterly side of Treble Cove Road, in said
Billerica, and at a point in the present northwesterly line of Treble
Cove Road as laid out by the County Commissioners in 1934, and
running in a southwesterly direction by a curved line of radius 1681.08
feet in the said present northwesterly line of Treble Cove Road,
289.98 feet to a point; thence S. 22° 49' 00" W., still following the
said present noi-thwesterly street line of Treble Cove Road, about 65
feet to a point; thence southwesterly along other land of said County
by a curved line of 1450.00 feet radius, about 871 feet to a point;
thence turning and running southerly, still along said other land of
said County by a curved line of radius of 19.11 feet, 49.61 feet to a
stone bound in the said present northwesterly line of Treble Cove
Road ; thence by a curved line of 900.65 feet radius, following the
said present northwesterly street line of Treble Cove Road, about 50
feet to a point; thence northerly partly along a stone wall about 61
feet to a point in said wall ; thence along still other land of said
County by a curved line of radius 1400.00 feet, about 1075 feet to a
point ;"^ thence N. 32° 42' 00" E., still along said other land of said
County, 152.69 feet to the point of beginning — containing about
51.000 square feet.
Section 2. Upon the relocation of said Treble Cove road all the
responsibilities and liabilities incumbent upon a city or town per-
taining to highways and public ways shall, with respect to so much
of the land described in section one as is used for the purpose of
relocating said road, vest in the town of Billerica.
162 Acts, 1959. — Chap. 242.
Section 3. So much of the land described in section one as is not
actually used in the relocation of said Treble Cove road shall continue
to be used by the county of Middlesex for house of correction pur-
poses. Any land used for highway purposes under the provisions of
this act which ceases to be used or required therefor shall thereafter
be used by said county for house of correction purposes.
Section 4. This act shall take effect upon its passage.
Approved April 27, 1959.
Chap. 242. An Act establishing a selectmen-director of public
WORKS PLAN FOR THE TOWN OF ROCKPORT.
Be it enacted, etc., as follows:
Section 1. Board of Selectmen. — At the first town election follow-
ing the acceptance of this act, the registered voters of the town of
Rockport shall elect five selectmen, of whom two shall serve for terms
of three j^ears, two for terms of two j^ears. and one for a term of one
year. At each annual town election thereafter the voters shall elect
in place of those selectmen whose terms are about to expire a like
number of selectmen to serve for terms of three years. When a va-
cancy occurs in the office of selectman, the remaining selectmen may
at any time prior to the next town election appoint a qualified person
to serve as selectman until such election, at which election the voters
sliall ele(!t a selectman to serve for the unexpired portion, if anj', of the
original tcfUL The selectmen in office at the time of said first election
shall continue in office until their successors are elected and qualified.
Tlic selectmen of said town shall also serve as the board of public
welfare.
Section 2. Other Elected Officials. — In addition to the selectmen,
the registered voters of the town shall continue to elect the following
officials in accordance with any applicable statutes, by-laws and votes
of the town : —
(a) A moderator.
(h) A school committee.
(c) Library trustees.
(d) A town clerk.
(c) A collector and treasurer.
(/) A planning board.
(fj) A board of assessors.
The term of office of any elective office, board or committee so con-
tinned, under this section, shall not be interrupted. Every other elec-
tive office, board or commission shall be terminated as hereinafter pro-
vided, any other provisions of law to the contrary notwithstanding.
The term of office of any person elected to any office, board or com-
mission existing at the time of such aecoptnnee and terminated here-
uiidcr shall continue luilil such first town (Section and until the ap-
pointmont and qualification of his successor, if anv, and thereafter
the said offices, boards and commissions shall be abolished and all
powers, duties and o])ligations conferred or imposed thereon by law,
except as provided by th'm net, shfill be conferred nnd imposed upon
Acts, 1959. — Chap. 242. 163
the selectmen aud exercised by tlie director of pu])lic works, herein-
after caHed the director, to the extent hereinafter })rovided. The
powers, duties and responsibilities of elected officials shall be as now or
hereafter provided by applicable statutes and by-laws and votes of the
town, except as otherwise expressly provided herein.
Section 3. Appointed Officials. — (a) The selectmen shall appoint
a director as provided in section six, who may thereafter be removed
as provided in section eight.
{b) The selectmen shall appoint a zoning board of appeals, a vet-
erans' agent, a sealer of weights and measures, an inspector of ani-
mals, officers and registrars of voters other than a town clerk, a direc-
tor of civil defence, election officers, a forest warden, a building in-
spector, a town accountant, a welfare agent, a finance committee, a
town attorney, members of the town police department, the fire engi-
neers, members of the board of health and members of the housing
authority, and all other committees, boards or officers appointed by the
board of selectmen prior to the passage of this act, but not contrary
to provisions elsewhere included in this act, and may, subject to the
provisions of chapter thirty-one of the General Laws where applicable,
remove any or all such appointees.
(c) The moderator shall appoint such boards, committees and of-
ficers as he may now or hereafter be directed to appoint by any ap-
plicable law, by-law or vote of the town.
(d) The director shall appoint, upon merit and fitness alone, and
may, subject to the provisions of said chapter thirty-one Avhere ap-
plicable, remove for cause the water and sewer superintendent, the
highway superintendent, the park superintendent, the tree and moth
superintendent, the cemetery superintendent and the town engineer.
Section 4. Memherships, Ternn^, Powrrs, Dvtir^ and. RcspnnsihiU-
firs. — The number of members of boards, commissions and committees
so appointed as provided in the preceding section, the length of the
term of each member thereof and of officers so appointed, and the
powers, duties and responsibilities of the same shall be as now or here-
after provided by any applicable law, by-laAV or vote of the town,
except as herein otherwise provided. Upon appointment and qualifica-
tion of the various officials as provided for in section three, the term
of office and all powers and duties of each person theretofore holding
eaeh such office shall cease and be terminated.
Offieers, boards, commissions and committees appointed by the direc-
tor shall possess all the powers and rights and shall be subject to all
the duties and liabilities specifically conferred or imposed by any
applicable provision of law upon them or upon officers, boards, commis-
sions or committees having corresponding powei'S and duties, but in
the performance thereof they shall be subject to the general super-
vision of the director.
Section 5. Mvliiplc. Offices. — A member of the board of select-
men, or of tlip school committee, or of the finance committee, shall dur-
ing the term for which he was elected or appointed, be ineligible to
hold any other elective or appointive town office or position. Any
person elected or appointed to any other office, board, commission or
committee under the provisions of this act or of any general or special
164 Acts, 1959. — Chap. 242.
law, shall be eligible, during his term of office, for election or appoint-
ment to any other town office, board, commission or committee, except
that the town accountant shall not be eligible to hold the office of town
treasurer or town collector.
Subject to the approval of the selectmen the director may, but with-
out additional compensation therefor, assume the powers, duties and
responsibilities of any office which he is authorized to fill by appoint-
ment, such assumption to be evidenced by and effective upon the filing
with the town clerk of a written declaration of such assumption signed
by the director, except he shall not appoint himself as a member of
any board or committee.
Section 6. Appointment of Director. — The selectmen shall ap-
point, as soon as practicable after the first town election following
acceptance of this act or after the occurrence of any vacancy, a direc-
tor who shall be a person especially fitted by education, training and
previous experience in a responsible position, to perform the duties
of his office. The director shall be appointed without regard to his
political beliefs. He need not be a resident of the town when ap-
pointed, but shall be a resident of the town while serving as director
should the board of selectmen so decide. During the first five years
that the selectmen-director of public works plan is in effect, no present
or former elected or appointed official of the town shall be eligible for
appointment to the position of director. Before entering upon the
duties of his office the director shall be sworn to the faithful and
impartial performance thereof by the town clerk, or by a justice of
the peace. He shall execute a bond in favor of the town for the faith-
ful performance of his duties in such sum and with such surety or
sureties as may be fixed or approved by the selectmen, the premium
for said l)ond to be paid by the town.
Section 7. Acting Director. — The director may designate, by let-
ter filed with the town clerk, a qualified officer of the town to perform
his duties during his temporary absence or disability. Pending the
appointment of a director or the filling of any vacancy or the failure
of the director to designate a temporary director, or during the sus-
pension of the director, the selectmen shall appoint a suitable person
to perform the duties of the office.
Section 8. Removal of Director. — The selectmen, by a majority
vote of the full membership of the board, may remove the director.
Section 9. Compensation of Director. — The director shall receive
such compensation for his services as the selectmen shall determine,
but it shall not exceed the amount appropriated therefor by the town.
Section 10. Powers and Duties of Director. — In addition to other
powers and duties expressly provided for in this act, the director shall
have the following powers and duties: —
(a) The director shall supervise and direct and shall be responsible
for the efficient administration of all offices, boards and committees
appointed by him and their respective de]iartments.
(&) The director shall keep full and complete records of his office
and shall render as often as may be required by the selectmen a full
report of all operations during the period reported on.
(c) The director shall keep the selectmen fully advised as to the
needs of the town, and shall recommend to the selectmen for adoption
Acts, 1959. — Chap. 242. 1G5
such measures requiring action by them or by the town as he may deem
necessary or expedient.
{d) The director shall have jurisdiction over the rental and use of
all town property, except schools. lie shall be responsible for the
maintenance and repairs of all town property, except school buildings
and grounds. He shall be responsible for the preparation of plans
and the supervision of work on all construction, recoiistruction, alter-
ations, improvements and other undertakings authorized by the town,
subject, however, to the approval of the school connnittee with respect
to plans for the construction or improvement of school buildings or
jiroperty.
(e) The director shall perform such other duties consistent with his
office as may be required of him by the by-laws or vote of the town or
by the vote of the selectmen.
(/) The director shall have access to all town books and papers for
information necessary for the proper performance of his duties.
{g) The director shall purchase all supplies, materials and equip-
ment and shall award all contracts for all departments and activities
of the town under his supervision ; but only upon and in accordance
with a requisition duly signed by the head of any such department.
Section 11. Investigation of Claims. — Whenever any pay roll, bill
or other claim against the town is presented to the director, he shall,
if the same seems to him to be of doubtful validity, excessive in amount,
or otherwise contrary to the interests of the town, refer it to the
selectmen, who shall immediately investigate the facts and determine
what, if any, payment should be made. Pending such investigation
and determination by the selectmen, payment shall be withheld.
Section 12. Approval of Warrants. — Warrants for the payment
of town funds prepared by the town accountant, in accordance with
the provisions of section fifty-six of chapter forty-one of the General
Laws, shall be submitted to the board of selectmen. The approval of
any such warrant shall be sufficient authority to authorize payment by
the town treasurer.
Section 13. Fees paid to Treasury. — The aggregate compensation
of each town officer or employee appointed by the director shall be
limited to the amount established in accordance with the provisions of
this act, and all fees received in accordance with the provisions of any
general or special law shall be paid into the treasury of the town.
Section 14. Certaiii Officers not to make Contracts with the Town.
— It shall be unlawful for any selectman, the director, or any other
elective or appointive official of the town, directly or indirectly, to
make a contract with the town, or to receive any reward from, or any
share in the profits of, any person or corporation making or perform-
ing such contract, unless the official concerned, immediately upon
learning of the existence of such contract, or that such a contract is
proposed, shall notify the selectmen, by registered mail, of the con-
tract and of the nature of his interest therein, and shall abstain from
doing any official act on behalf of the town in reference thereto. In
ease such interest exists on the part of an officer whose duty it is to
make such a contract on behalf of the town, the contract may be made
by another officer of the town duly authorized thereto by vote of the
selectmen. Violation of any provision of this section shall render the
166 Acts, 1959. — Chap. 242.
contract in respect to which such violation occurs voidable at the
option 01 the town. Any person violating any provision of this sec-
tion shall be punished by a fine of not more than one thousand dollars,
or by imprisonment for not more than one year, or by both such fine
and imprisonment.
Section 15. Estitnatc of Expenditures. — All boards, officers and
committees appointed by the director shall annually, submit to him in
writing a detailed estimate of the appropriations required for the
efficient and proper conduct of their respective departments and offices
during the next fiscal year. On or before the first day of December
of each year, the director shall submit to each member of the finance
committee and of the board of selectmen a cop}' of his annual budget,
which shall contain a careful, detailed estimate of the probable expen-
ditures of his department for the ensuing fiscal 3'ear, and showing
specifically the amount necessary to be provided for each office, de-
partment and activity, together with a statement of the expenditures
for the same purposes in the two preceding years and an estimate of
expenditures for the current year. He shall also submit a statement
showing all revenues received by the town from each department in
the two preceding j^ears, together with an estimate of the receipts of
the current year.
Section 16. By-Laws, Rules, etc. — All laws, by-laws, votes, rules
and regulations in force in the town of Rockport on the efi:ective date
of this act, or any portion thereof, not inconsistent with its provisions,
whether enacted by autliority of the town or any other authority, shall
continue in full force and effect until otherwise provided by law, bj''-
iaw or vote ; all other laws, by-laws, votes, rules and regulations, so
far as they refer to the town of Ko(!ki)ort, are hereby repealed and
annulled, but such repeal shall not revive any i)re-existing enactment.
Section 17. Contracts. — No contract existing and no action at
law or suit in equity, or other proceeding pending at the time this act
is accepted, or at the time of revocation of such acceptance, shall be
affected by such acceptance or revocation.
Section 18. Suhmissioii of Act and Time of Taking Effect. — This
act may be submitted for acceptance by the town of Rockport at a
special town meeting called for the purpose in the current year, but, if
not so submitted, it shall be so submitted at the ainiual town election
in the year nineteen hundred and sixty. If this act is rejected at such
special town meeting, or, not having been submitted at such special
town meeting, if it is re.jected at said annual town election, it shall
agaiii be so submitted nt the annual town election in the year nineteen
hundred and sixty-one. If it is rejected for a second time at said
election in the year nineteen hundred and sixty-one it shall be so sub-
mitted for a third and last time at the annual town election in the
year nineteen hundred and sixty-three.
The vote on acceptance of this act shall be taken by written ballot,
in accordance Avith the provisions of the General Laws so far as the
same shall be applicable, in answer to the following question, which
shall be printed upon a ballot to l)e used at such special town meeting,
or u])on the otficial ballot to be used at any such town election: —
"Shall an act ]>assed by the General Court in the year nineteen hun-
dred and fifty-nine entitled 'An Act establishing a selectmen-director
Acts, 1959. — Chap. 243. 167
of public works plan for the town of l\o('ki)ort', be accepted by the
town-" If a majority of the voters voting on this question vote in
the aftirniative, said act shall take effect innuediately for the purpose
of the next annual town election, and for all thing's relating thereto,
and shall take full effect beginning with said following election. It
shall be the duty of all town officials having to do with elections and
holdhig office at the time of acceptance to do, in compliance with law,
all things necessary for the nomination and election of officers first to
be elected under this act.
Section 19. Eccocation of Acceptance. — Xi any time after the ex-
l)iration of three years from the date of acceptance of this act, and
not less than ninety days before the date of an annual meeting, a peti-
tion signed by not less than ten per cent of the registered voters of the
town may be filed with the selectmen, requesting that the question of
revoking the acceptance of this act be submitted to the voters. No
such petition shall be valid unless notice thereof shall be published by
the selectmen for at least two consecutive weeks in a newspaper having
general circulation in the town, the last publication to be at least
thirty days prior to said annual meeting. The selectmen shall there-
upon direct the town clerk to cause the said question to be printed on
the official ballot to be used at the next annual election in the follow-
ing form: — "Shall the acceptance by the town of Rockport of an act
passed by the General Court in the year nineteen hundred and fifty-
nine, entitled 'An Act establishing a selectmen-director of public
works plan for the town of Rockport', be revoked?" If such revoca-
tion is favored by a majority of the voters voting thereon, this act
shall cease to be operative on and after the annual meeting next fol-
lowing such vote. All general laws respecting town administration
and town officers, and any special laws relative to said town, the opera-
tion of which has been suspended or superseded by acceptance of this
act, shall be revived by such revocation and shall continue to be in full
force and effect. By-laws, votes, rules and regulations in force when
such revocation takes eff'ect, so far as they are consistent with the
general laAvs respecting town administration and town officers and
with special laws relating to said town, shall not be affected thereby,
but any other by-laws, votes, rules and regulations inconsistent with
such general or special laws shall be annulled. If such revocation is
not favored by a majority of the voters voting thereon, no further
petition therefor sliall be filed under this section oftener than once in
every three years thereafter. Approved April 27, 1959.
Chap. 243. An Act authorizing the possession of certain mam-
mals WITHOUT A PERMIT.
Be it enacted, etc., as follows:
The first paragraph of section 105 of chapter 131 of the General
Laws, as appearing in section 2 of chapter 599 of the acts of 1941, is
hereby amended by inserting after the word "mammal", in line 3, the
words: — , excepting a chipmunk, fox, flying squirrel, red squirrel,
porcupine, skunk, Aveasel or woodehuek, — so as to read as follows: — ■
Except as otherwise provided in this chapter, no person sliall have in
168 Acts, 1959. — Chaps. 244, 245.
his possession at any time a live bird or mammal, excepting a chip-
munk, fox, flying squirrel, red squirrel, porcupine, skunk, weasel or
woodchuck, which is protected by this chapter ; but the director, upon
written application to him, may issue to any person one or more prop-
agator 's licenses under section one hundred and seven.
Approved April 27, 1959.
Chap. 244. An Act relative to the evidence required for the
PAYMENT OF A BOUNTY FOR KILLING CERTAIN ANIMALS.
Be it enacted, etc., as follows:
Chapter 131 of the General Laws is hereby amended by striking out
section 109, as appearing in section 2 of chapter 599 of the acts of
1941, and inserting in place thereof the following section: — Section
109. Whoever in any city or town kills a Avildcat, Canada lynx or
loupcervier not being in captivity shall, upon producing the body of
such animal and furnishing a sworn statement that such animal was
killed within such city or town, be entitled to receive from the treas-
ury of such city or town the sum of ten dollars. The city or town
treasurer, in order to identify such animal as one for which a bounty
has been paid, shall cause the four front teeth of such animal to be
broken. All sums so paid shall be repaid to the city or town treasurer
by the treasurer of the county where the city or town is situated upon
receipt from said city or town of a certificate that a bounty has been
paid as herein provided, accompanied by the sworn statement of the
claimant. Approved April 27, 1959.
Chap. 245. An Act authorizing the city of fitchburg to trans-
fer CERTAIN PARK LAND TO THE PUBLIC WORKS DEPART-
MENT FOR HIGHWAY PURPOSES.
Be it enacted, etc., as follows:
Section 1. The city of Fitchburg, by its board of park commis-
sioners, may transfer to the public works department a tract of land
seventy feet wide from Pearl street northerly to Lincoln street for
the construction and maintenance of a highway in the westerly por-
tion of Coolidge park to be located within the following described
tract of land: — Beginning at the southwesterly corner on the north-
erly side line of Pearl Street at land now or formerly of W. II. Ravel-
lett and at a bound marked "F"; thence N. 18° 03' 20" W. 100.76
feet to a bound marked "F"; thence N. 25° 15' 20" W. 142.31 feet
to a bound marked "F"; thence N. 23° 01' 40" W. 381.78 feet to a
bound marked "F"; thence S. 53° 02' 30" W. 270.60 feet to a bound
marked "F" on the easterly side line of East Street; thence N. 11°
49' 00" W. 8.98 feet by the easterly side line of East Street to an angle
at East Street and Rice Street; thence N. 81° 19' 30" W. to a point at
the northeasterly intersection of Lincoln Street and Rice Street;
thence N. 1° 29' W. 972.58 by the easterly side line of Lincoln
Street to an angle ; thence N. 10° 42' W. 824.76 feet by said street to
Acts, 1959. — Chap. 246. 169
a bound marked "F"; thence N. 6° 10' W. 230 feet by said street to
an iron pin; thenee N. 0° 13' W. 419.71 feet by said street to land
formerly owned by the C. H. Greene estate; thence N. 77° 13' E.
102.15 feet by said C. II. Greene estate to an angle; thenee S. 58° 38'
E. 64.00 feet to the southeast corner of said C. II. Greene estate land;
thence S. 34° 00' E. about 1,030 feet to an angle; thence S. 13° 48' 50"
W. 561.71 feet to a stone bound; thence S. 10° 15' E. about 863 feet
crossing land of the City of Fitchburg, Coolidge Park, to an angle;
thence S. 24° 16' 20" E.' about 625 feet crossing land of the City of
Fitchburg, Coolidge Park, to the northerly side line of Pearl Street;
thence S. 65° 43' 40" W. 135 feet by the northerly side line of Pearl
Street to the place of beginning.
Section 2. The city of Fitchburg, by its board of park commis-
sioners, may transfer to the public works department a tract of land
seventy feet wide from North street northwesterly to Rindge road for
tlie construction and maintenance of a highway in McKay park to be
located within the following described tract of land: — Beginning at
the most easterly corner thereof on the westerly line of said North
Street and at land of Roger Fisher; thence by said North Street
S. 36° 24' W. 480 feet to land now or formerly of Charles W. Irving
et ux; thence by last named land N. 42° 46' W. 79.5 feet to land now
or formerly of Edwin M. Knapp ; thence by said Knapp land N. 28°
43' W. 363 feet to said Rindge Road; thence by said road N. 26° 09'
30" W. 56 feet to an angle; thence still by said road curving to the
right on a radius 202 feet to an angle (radius of 1025.42 feet) ; thence
still by said road N. 14° 49' 30" W. 505.40 feet to land of Gifford K.
Simonds; thence by said Simonds' land N. 26° 45' 10" E. 247.83 feet
to the middle of Falulah Brook; thence down said brook S. 83° 40' 50"
E. 159.20 feet to an angle; thence by unknown owners' land S. 20°
24' 30" E. 197 feet to a drill hole, S.'26' 37" E. 133.57 feet to a stone
bound, S. 24° 26' 30" E. 231.87 feet to a stone bound, S. 23° 09' E.
233.70 feet to a drill hole. S. 2° 25' 30" W. 40.29 feet to an angle and
S. 21° 47' E. 60 feet to land of said Fisher; thence by said Fisher
land S. 53° 35' 30" E. 164 feet to the place of beginning.
Approved April 27, 1959.
Chap. 246. An Act changing the name op the Massachusetts
SCHOOL OP ART TO THE MASSACHUSETTS COLLEGE OP ART.
Br it enacted, etc., as folloivs:
Section 1. The name of the Massachusetts School of Art is hereby
changed to the Massachusetts College of Art.
Section 2. Chapter 73 of the General Laws is hereby amended by
striking out section 1, as most recently amended by section 1 of chap-
ter 618 of the acts of 1952, and inserting in place thereof the following
section: — Section 1. The department of education, in this chapter
called the department, shall, through its division of teachers colleges,
have general management of the state teachers colleges at Boston,
Bridgewater, Fitchburg, Framingham, Lowell, North Adams, Salem,
Westfield and Worcester, and the Massachusetts college of art at Bos-
ton, wherever said colleges may be hereafter located, and of boarding
170 Acts, 1959. — Chaps. 247, 248.
houses connected therewith, and may direct the expenditure of money
appropriated for their maintenance.
Section 3. Section lA of said chapter 73, inserted by section 1 of
chapter 499 of the acts of 1052, is hereby amended by striking out, in
line 3, the word "school" and inserting in ])lace thereof the word: —
college.
Section 4. Section 7 of said chapter 73, as most recently amended
by section 3 of chapter 605 of the acts of 1958, is hereby further
amended by striking out, in line 7, the word "school" and inserting in
place thereof the Avord : — college.
Section 5. Section 8 of said chapter 73, inserted by section 4 of
chapter 620 of the acts of 1948, is hereby amended by striking out, in
line 4, the word "school" and inserting in place thereof the word: —
college. Approved April 27, 1959.
Chap. 247. An Act authorizing the citv of malden to appropri-
ate AND PAY SUMS OF MONEY FOR i\I ERCHANDISE PURCHASED
AND DELIVERED TO THE WELFARE DEPARTMENT OF SAID CITY.
Be it enacted, etc., a.s folJovs:
The city of Maiden is hereby authorized to appropriate and pay to
Bond Bread Co., one hundred nineteen dollars and seventy-one cents,
Gilguns Dairy, three hundred eighty-five dollars and thirty-six cents,
Nelson's Bakery, Inc., one hundred thirty-five dollars and eighteen
cents. Stop & Shop, Inc., Maiden Store No. 377, one hundred four
dollars and sixty-seven cents, Johnnie's Fruit Mart, twenty-two dol-
lars and thirty-nine cents, and Webster Thomas Co., seventy-four dol-
lai's and ninety-five cents; said sums being in payment for merchandise
furnished to the welfare de])artment of said cit.v, payment for which
is legally unenforceable against said city.
Approved April 27, 1959.
Chap. 248. An Act fitrther regulating the sale of instruments
ADAPTED FOR THE SUBCUTANEOITS INJECTION OP NARCOTIC
DRUGS.
Br it (uaef(d, rtc, an foJJoirs:
Paragraph (e) of section 211 of chapter 94 of the General Laws, as
amended l)y chapter 276 of the acts of 1958, is hereby further amended
by adding at the end the following two sentences: — The pharmacist
filling the ])i'escription shall dispense any such instrument in a sani-
tary container which shall completely enclose such instrument, and
shall affix to said container a label bearing (1) the name and address
of the pharmacy, and if said pharmacy is in a hospital, the name and
address of said hospital, (2) the name and address oF the patient,
(3) the number of the prescription, and (4) the name of the physician
prescribing the same. The person to whom the prescription is issued
shall keep such instrument in said container at all times, excepting
when such instrument is in actual use or is in the process of being
cleaned. Approved April 27, 1959.
Acts, 1959. — Chaps. 249, 250. 171
Chop. 249. Ax A( p kxthxhing the ti.mk foii tih; makixo and ac-
quiring BY BANKING INSTITUTIONS AND INSURANCE COM-
PANIES OF EOANS TO VETERANS (GUARANTEED BY THE
ADIMINISTRATOR OF VETERANS ' AFFAIRS.
Whereas, The deferred operation of this ac-t would tend to defeat
its purpose, wliieli is to extend an additional two years the authority
of co-operative banks, ci-edit unions, savings banks, trust companies
and insurance companies to lend money on real estate mortgages guar-
anteed in whole or in part by the Administrator of Veterans' Affairs,
therefore it is hereby declared to be an emergency law, necessary for
the immediate preservation of the public convenience and welfare.
Be it enacted, etc., as follows:
Chapter 46 of the acts of 1945 is hereby amended by striking out
section 1, as most recently amended by chapter 78 of the acts of 1957,
and inserting in place thereof the following section : — Section 1. Sub-
ject to such regulations as the commissioner of banks deems to be nec-
essary or advisable in respect to trust comjninies, banking companies,
savings banks, co-operative banks or credit unions, and to such regu-
lations as the commissioner of insurance deems to be necessary or
advisable in respect to insurance companies, any trust company,
banking company, savings bank, co-operative bank, credit union or
insurance company organized under the laws of this commonwealth is
authorized to make and acquire such loans and advances of credit to
qualified veterans of World War II, and to any veteran eligible by
virtue of active service in the armed forces of the United States on or
after June twenty-seventh, nineteen hundred and fifty, and prior to
such date as shall be determined by presidential proclamation or con-
current resolution of the congress, as are guaranteed in whole or in
part by the administrator of veterans' affairs or his successor or suc-
cessors in such of^ce under the act of congress known as the Service-
men 's Readjustment Act of 1944, or any amendment thereof, and to
obtain such guarantees or insurance, to collect and apply payments
due upon and otherwise to service any such mortgage loan so guar-
anteed or insured, and with respect to such mortgage loan to make
agreements with any mortgagees thereof to collect and apply payments
due upon and otherwise to service any such mortgage loan. The
authority granted by this section shall terminate on July twenty -fifth,
inneteen hundred and sixty-one. Approved April 28, 1959.
Chap. 250. An Act relative to the period for which t>icenses for
LODGING HOUSES MAY BE GRANTED IN THE CITY OF BOSTON.
Be it evaded, etc., as follows:
Section 1. In the city of Boston, notwithstanding any pi-ovisions
of sections four and twenty-three of chapter one hundred and fortv of
the General Laws to the contrary, licenses for lodging houses shall ex-
pire on April thirtieth of each year; but they may be granted during
April, to take effect on May first following.
Section 2. This act shall take effect upon its passa'je.
Approved April 28, 1959.
172 Acts, 1959. — Chap. 251.
Chap. 251. An Act making appropriations for the maintenance
OP BERKSHIRE COUNTY, ITS DEPARTMENTS, BOARDS, COM-
MISSIONS AND INSTITUTIONS, OF SUNDRY OTHER SERVICES,
FOR CERTAIN PERMANENT IMPROVEMENTS, FOR INTEREST
AND DEBT REQUIREMENTS, AND TO MEET CERTAIN REQUIRE-
MENTS OF LAW AND GRANTINO A COUNTY TAX FOR SAID
COUNTY.
Whereas, The deferred operation of this act would result in un-
necessarily extending the period during which county expenditures
would be made in anticipation of appropriation, therefore it is hereby
declared to be an emergency law, necessary for the immediate preser-
vation of the i)ublic convenience.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of Berkshire county,
its departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several purposes and subject to the conditions specified
in section two are hereby appropriated, subject to the provisions of
law regulating the disbursement of county funds and the approval
thereof for the year nineteen hundred and fifty-nine: —
Item Berkshire County
1. For interest on county debt $4,000 00
3. For county commissioners, salaries and expenses 18,702 95
4. For transportation and expenses of county and
acting commissioners 1,500 00
5. For clerk of courts, salaries and expenses 25,476 50
6. For county treasurer, salaries and expenses .... 12,442 25
7. For sheriff, salary and expenses 7,650 00
8. For registries of deeds, salaries and expenses . . . 94,243 64
8a. For registry of probate, salaries and expenses . . 6,875 00
9. For law library, salaries and expenses 8,658 45
10. For highways, including state highways, bridges
and land damages 206,994 14
11. For examination of dams 1,359 00
12. For criminal costs in superior court 22,016 00
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees 45,205 00
14. For district courts, salaries and expenses 178,958 72
15. For medical examiners and commitments of in-
sane 7,500 00
16. For jail and house of correction, maintenance and
operation 123,336 35
17. For training school 800 00
18. For court houses and registry buildings, main-
tenance and operation 46,563 67
20. For agricultural school or county aid to agricul-
ture, maintenance and operation 44,426 75
Acts, 1959. — Chap. 251. 173
Item
21. For state reservation, maintenance and opera-
tion, Mount Greyloek $38,890 23
21a. For state reservation, maintenance and opera-
tion, J\Iount Everett 6,409 00
22. For liospital or sanatorium 101,373 34
24. For non-contributory pensions 793 32
25. For contributory retirement system and supervi-
sory expenses 23,783 80
26. For miscellaneous and contingent expenses .... 2,815 05
27. For unpaid bills of previous years 1,200 00
28. For reserve fund 6,000 00
29. For advertising recreational, industrial and agri-
cultural advantages of the county 30,000 00
30. For forest development in co-operation with the
state 1,700 00
32. For Dutch elm disease 5,000 00
33. For forest fire patrol 5,000 00
35. For industrial development commission 61,810 50
39. For group insurance 8,200 00
Total Amount of Appropriations $1,149,683 66
Less Estimated amount available for Reduction of
County Tax 205,885 63
And the county commissioners of Berkshire
County are hereby authorized to levy as the
county tax of said county for the current year,
in the manner provided by law, the sum of . . . $943,798 03
Section 2. Sums appropriated in section one are based upon de-
tailed schedules approved by the joint committee on counties, copies
of which are deposited with the director of accounts.
Said director shall file with the county commissioners and the county
treasurer of Berkshire county a certification of the amounts above
appropriated as set forth in the approved schedules for said county.
Except as provided by this act or except as otherwise provided by
law, no liability may be incurred and no expenditure shall be made in
excess of the amount available in an existing appropriation for a
function, a main group, a class or a sub-class.
Transfers within an appropriation from a main group to another
main group may be made upon written request of the authorized of-
ficial of the organization unit with the written approval of said
county commissioners, and copies of said request and approval shall
be filed with the county treasurer; provided, however, that no trans-
fer shall be made from the main groups "personal services" or
"equipment" to another main group nor shall any transfer be made
from any other main group into the main groups "personal services"
or "equipment".
Transfers within an appropriation between classes and between
sub-classes within a main group may be made by the authorized of-
ficial of the organization unit whenever in his opinion public neces-
sity and convenience so requires ; provided, however, that no transfer
174 Acts, 1959. — Chap. 251.
shall be made within the classes of the main groups ''personal serv-
ices" or ''equipment".
Amounts included lor permanent positions in sums appropriated in
section one for personal services are based upon schedules of perma-
nent i)ositions and salary rates as approved by the joint committee on
counties, and, except as otherwise shown by the files of said committee,
a copy of which shall be deposited with the county personnel board,
no part of sums so appropriated in section one shall be available for
payment of salaries of any additional permanent positions, or for
pa\'ments on account of reallocations of permanent positions, or for
I)ayments on account of any change of salary range or compensation
of any permanent positions, notwithstanding any special or general
act to the contrary.
Moneys appropriated under this act for the ])urchase of equipment
shall be expended for the purposes specified in the schedules as ap-
proved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund shall
be made, but transfers from this account to other accounts may be
made to meet extraordinary or unforeseen expenditures upon the re-
quest of tlie count}' commissioners with the approval of the director of
accounts.
Section 3. No expense incurred for mid-day meals by county
officers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
boarding and housing, and those county officers and employees who
are stationed beyond commuting distance from their homes for a
I)eriod of more than twenty-four hours, shall be allowed by any
county; provided, that officers or employees who have cliarge of juries
or who have the care and custody of prisoners, insane persons or
other persons placed in their charge by a court or under legal pro-
ceedings for transfer to or from court to an institution or from insti-
tution to institution and persons certified by a district attorney as
I'ligaged in investigation shall be reimbursed for the expense of mid-
day meals when necessarily engaged on sueh duty; and provided,
further, that county officers and employees in attendance at meetings
and conferences called by or for any group or class on a statewide
basis shall be so reimbursed.
No moneys appropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers
or employees at i)laces other than regular county offices.
Section 4. The allowance to county officers and employees for
expenses incurred by them in the operation of motor vehicles owned
by them or by any member of their immediate families and used in the
performance of their official duties shall not exceed eight cents a mile,
except in cases where a higher allowance is specifically provided by
statute; provided, that in the case of commitments of the insane the
justice of the court ordering the commitment may order a higher rate.
No expenditures shall be made for travel outside the commonwealth
for attendance at conferences or conventions.
Section 5. Any provision of general or special law to the contrary
notwithstanding, any county officer or employee whose salary rate on
July first, nineteen hundred and fifty-seven, was limited to an increase
Acts, 1959. — Chaps. 252, 25:i 175
ill rate of one thousand dollars shall receive an increase in salary
i-ate of not more than one step in his salary <^rade, effective on his
anniversary date or on -Inly first, nineteen hundred and fifty-nine, in
accordance with ai)i)i-oved list fih'd with the county personnel board
by the joint coniniittee on counties. Approved April :28, 1959.
Chap. 252. Ax Act relative to the membership of the corpora-
tion CALLED trustees OP CLARK UNIVERSITY.
Be it enacted, etc., as follows:
Section 1. The last sentence of paragraph (a) of section 4 of
chapter 133 of the acts of 1887, as appearing in section 1 of chapter
293 of the acts of 1947, is hereby amended by inserting after the word
"office", in line 3, the words: — , except as hereinafter provided, — so
as to read as follows: — No alumni member shall be eligible for re-
election within one ja^ar after the exi)iration of his term of office, ex-
cei)t as hereinafter provided.
Section 2. Said section 4 of said chapter 133 is hereby further
amended by striking out paragraph (c), as appearing in section 1 of
chapter 137 of the acts of 1943, and inserting in place thereof the fol-
lowing paragraph : —
(,c) In the event that a vacancy occurs in the number of life mem-
l)ers it shall be filled by vote of a majority of the remaining life mem-
l)ers at a meeting duly called for the purpose; and in the event of a
vacancy in the number of alumni members it shall be filled for the
unexpired term of his predecessor by vote of a majority of the mem-
bers of the alumni council of Clark University, with the approval of a
majority of the members of the corporation. An alumni member so
elected sliall be eligible for re-election to a term of four years or any
portion thereof immediately following the expiration of his term of
office. Approved April 28, 1959.
Chap. 253. An Act authorizing the town of west stockbridge to
APPROPRIATE OR TRANSFER FUNDS TO ADVERTISE THE AD-
VANTAGES OF SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The town of AVest Stockbridge is hereby authorized to
appropriate a sum of money, not exceeding five thousand dollars, for
advertising the recreational and other advantages of said town, or to
transfer any available funds for said purpose, subject to said limita-
tion; provided, that a like amount is raised for the said purpose by
private contributions or donations. Any money raised under this
section shall be expended under the joint direction of the board of
selectmen and the j^lanning board.
Section 2. This act shall take effect upon acceptance by the voters
of the town of West Stockbridge at a special town meeting called for
the purpose in the current year, but not otherwise.
Approved April 28, 1959.
176 Acts, 1959. — Chaps. 254, 255, 256.
Chap. 254. An Act authorizing the city of Springfield to re-
imburse THE WIDOW OF DANIEL J. LAWLER FOR THE EX-
PENSES OF HIS FUNERAL.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obligation, the
city of Springfield may appropriate and pay to the widow of Daniel J.
Lawler, who died June twenty-ninth, nineteen hundred and fifty-eight,
as a result of injuries sustained while in the performance of his duty as
a member of the fire department of said city, a sum not exceeding
twelve hundred thirty-seven dollars, in reimbursement of the expenses
of his funeral.
Section 2. This act shall take full effect upon its acceptance dur-
ing the current year by vote of the city council of said city, subject to
the provisions of its charter, but not otherwise.
Approved April 28, 1959.
Chap. 255. An Act prohibiting the use of lie detector tests by
EMPLOYERS AS A CONDITION OF EMPLOYMENT.
Be it enacted, etc., as follows:
Chapter 149 of the General Laws is hereby amended by inserting
after section 19A, inserted by chapter 117 of the acts of 1953, the
following section: — Section 19B. No employer shall require or sub-
ject any employee to any lie detector tests as a condition of employ-
ment or continued employment. Any person violating this section
shall be punished by a fine of not more than two hundred dollars.
Approved April 28, 1959.
Chap. 256. An Act further regulating fraternal benefit soci-
eties AND cemetery CORPORATIONS.
Be it enacted, etc., as follows:
Section 1. Chapter 176 of the General Laws is hereby amended
by inserting after section 22 the following section : — Section 22A. No
society shall by its by-laws or by any contract or policy made or issued
by it in this commonwealth restrict the payment of benefits or any
part thereof accruing under such by-laws, contract or policy upon the
death of a member or of the person insured, as the case may be, to a
designated funeral director or group of funeral directors, or in any
way deprive the personal representative or family of the deceased of
freedom of choice in procuring and purchasing supplies and services
in connection with the burial of such deceased.
Such benefits or any part thereof shall be paid to such funeral direc-
tor as the person or persons entitled to said benefits or the personal
representative of the deceased shall direct.
Section 2. Chapter 114 of the General Laws is hereby amended
by inserting after section 5 the following section: — Section 5 A. No
such cemetery corporation shall deny the right to perform burials and
the functions incidental thereto to the funeral director designated by
Acts, 1959. — Chaps. 257, 258. 177
the representative of the deceased, provided tlic deceased is otherwise
entitled to interment in said cemetery.
Section 3. Every fraternal benefit society shall be subject to the
provisions of section twenty-two A of chapter one hundred and sev-
enty-six of the General Laws, inserted by section one of this act, not-
withstanding any special law to the contrary.
Approved April 30, 19')9.
Chap. 257. An Act validating the action of the town of milton
IN voting to sell and convey certain park land to
HOWARD LESLIE.
Be it enacted, etc., as follows:
Section 1. The action taken by the town of Milton at an adjourned
town meeting held on March fourteenth, nineteen hundred and fifty-
nine, in voting to sell and convey to Howard Leslie of Milton a certain
parcel of park land situated off Brook road in said town, containing
about one thousand six hundred and seventy-three square feet and
shown on a plan entitled "Plan Showing Area Proposed to be Con-
veyed to Howard Leslie by Town of Milton — Park Department, De-
cember 1958. Scale : 1 inch = 40 ft. ' ', is hereby validated.
Section 2. This act shall take effect upon its passage.
Approved Maij 4, 1959.
Chap. 258. An Act authorizing the town of Pembroke to borrow
FOR purchasing CERTAIN REAL ESTATE FOR USE AS A FIRE
STATION AND VALIDATING THE ACTION OF SAID TOWN IN
CONNECTION THEREWITH.
Be it enacted, etc., as follows:
Section 1. For the purpose of purchasing the land described on
the assessors' plans as Lot No. 80 on Map C-9 and the building thereon
for use as a fire station, the town of Pembroke may appropriate the
sum of twenty-five hundred dollars from available free cash in the
treasury and may borrow the sum of eleven thousand dollars by the
issuance of bonds or notes. Sucli bonds or notes shall bear on their
face the words Pembroke Fire Station Loan, Act of 1959, and shall
l)e payable in not more than five years from the date of issue. In-
debtedness 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, inclusive of the limitation contained in the first
paragraph of section seven thereof.
Section 2. Any action taken by the town of Pembroke at its an-
nual town meeting in the current year pursuant to authority con-
tained 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 May 4, 1959.
178 Acts, 1959. — Chaps. 259, 260, 261.
Chap. 259. An Act providing that the failure to register or the
IMPROPER registration OF A MOTOR VEHICLE SHALL NOT
BE DEEMED TO RENDER THE VEHICLE A NUISANCE OR TO
RENDER ANY PERSON A TRESPASSER UPON A WAY.
Be it enacted, etc., as follows:
Section 9 of chapter 90 of the General Laws is hereby amended by
striking out the third sentence, as ai)pearing in chapter 85 of the acts
of 195(i, and inserting in place thereof the following sentence: — Vio-
lation of this section shall not be deemed to render the motor vehicle
or trailer a nuisance or any person a trespasser upon a waj' and shall
not constitute a defense to, or prevent a recovery in, an action of tort
for injuries suffered by a person, or for the death of a person, or for
damage to property, unless such violation by the person injured or
killed or sustaining the damage was in fact a proximate cause of such
injury, death or damage, but violation of this section shall be deemed
evidence of negligence on the part of the violator.
Approved May 4, 1959.
Chap. 260. An Act authorizing the city of medford to indemnify
CHARLES F. BRYSON FOR CERTAIN EXPENSES INCURRED BY
HIM.
Be it enacted, etc., as foUoivs:
Section 1. For the purpose of discharging a moral obligation, the
city of Medford may appropriate and pay the sum of twelve hundred
dollars to Charles F. Bryson of Medford to indemnify him for ex-
penses incurred in the settlement of a suit brought against him by
James A. Dykman, resulting from an automobile accident occurring
oil March thirt.y-first, nineteen hundred and fifty-seven, while said
Charles F. Bryson was driving a city owned vehicle i?i his capacity as
an auxiliary jiol iceman of said city.
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 May 4, 19')9.
Chap. 261. An Act relative to retirement or insurance benefits,
OR BOTH, for certain CLASSES OF INSURANCE AGENTS.
Be it enacted, etc., as folloivs:
Section 36A of chapter 175 of the General Laws, inserted by chap-
ter 496 of the acts of 1948, is hereby amended by striking out the first
sentence and inserting in place thereof the following sentence: — Any
domestic life company or any domestic company transacting business
solely under subdivisions (a) and (d) of clause sixth of section forty-
seven, with written ajiproval of the commissioner, may establish a plan
for retirement or insurance benefits, or both, for agents, or any class
or classes thereof as the company may determine, having a written
contract with such company or with any agent thereof under which he
Acts, 1959. — Chaps. 262, 263. 179
solicits exclusively applications for policies of life or endowment in-
surance or annuity or i)ure endowment contracts or accident and
health insurance issued b.y such company, and for the agency em-
ployees of any agent having such a contract; provided, that qualifica-
tion requirements for such plans and the determination of the amounts
of such retirement benefits shall l)e based exclusively upon the solicita-
tion and sale of life or endowment insurance or annuity or pure en-
dowment contracts or accident and health insurance for such company
and shall not in any manner directly or indirectly be based upon the
solicitation or sale of any other kind of insurance by said agent.
Approved May 4, 1959.
Chap. 262. An Act authorizing the city op leominster to pay a
CERTAIN SUM OF IMONEY TO THE L. & H. REALTY CORPORA-
TION AS DAMAGES FOR THE TAKING OF ITS LAND.
Be it enacted, etc., as follows:
Section 1. The city of Leominster is hereby authorized to appro-
priate and pay to the L. & H. Realty Corporation the sum of three
thousand dollars as damages for the taking of its land and building
located on Manning avenue in said city for off-street parking pur-
])Oses, said taking being more particularly described in an order of
taking by the city of Leominster, dated December thirteenth, nineteen
hundred and fifty-four.
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 otherw^ise.
Approveel May 4, 1959.
Chap. 263. An Act authorizing the city of quincy to appropriate
AND pay a certain SUM OF MONEY TO R. W. LEBARON, INC.
OF WALTHAM.
Be it enacted, etc., as follows:
Section 1. The city of Quincy is hereby authorized to appropriate
and pay the sum of seven hundred and fifty-nine dollars and thirty-
eight cents to R. W. LeBaron, Inc., of Waltham, for services rendered
and materials furnished to said city in the years nineteen hundred
and fifty-three, nineteen hundred and fifty-five, nineteen hundred
and fifty-six and nineteen hundred and fifty-seven for the repair of
traf^c signals and controls, which sum is legally uncollectible from
said city.
Section 2. No bill for such services or materials 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 a certificate has
been signed and filed with said city auditor, in each instance, stating
under the penalties of perjury that said services were rendered to
said city and said materials were actually furnished.
Section 3. Any person who knowingly files a certificate required
by section two which is false, and who thereby receives payment for
180 Acts, 1959. — Chaps. 264, 265, 266.
services which were not rendered to said city or materials which were
not furnished to said city shall be punished by imprisonment for not
more than one year or by a fiue of not more than three hundred dol-
lars, or both.
Section 4. 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 May 4, 1959.
Chap. 264. An Act desionating that portion of the revere beach
PARKWAY ADJACENT TO UNION STREET IN THE CITY OF
CHELSEA AS JAMES SAMPSON SQUARE.
Be it enacted, etc., as follows:
That portion of the Revere Beach Parkway adjacent to Union street
in the city of Chelsea is hereby designated as James Sampson Square.
The metropolitan district commission is hereby authorized and di-
rected to place thereon in a conspicuous place a suitable marker bear-
ing said designation. Approved May 4, 1959.
Chap. 265. An Act relative to the molesting, attacking or kill-
ing OF deer by dogs in BERKSHIRE COUNTY.
Be it enacted, etc., as follows:
Section 1. Section 88 of chapter 131 of the General Laws, as ap-
pearing in section 2 of chapter 599 of the acts of 1941, is hereby
amended by adding at the end tlie following sentence: — The provisions
of this section shall not apply in Berkshire county.
Section 2. Said chapter 131 is hereby further amended by in-
serting after section 88 the following s,e.ction:— Section 88A. Any
person who owns, keeps or possesses a dog which during the period
from the close of the rabbit season to the first day of May in each year
is found molesting, attacking or killing deer in Berkshire county shall
be punished by a fine of twenty-five dollars. An enforcement officer
in the division of law enforcement may, without any liability on his
part, destroy any dog found molesting, attacking or killing deer in
said county during said period. The provisions of section sixteen
shall not be applicable to this section. Approved May 4, 1959.
Chap. 266. An Act authorizing the city op springfield to ap-
propriate money for the payment of, and to pay, cer-
tain unpaid BILLS.
Be it enacted, etc., as follows:
Section 1. The city of Springfield is hereby authorized to ap-
propriate money for the payment of, and after such appropriation.
Acts, 1959. — Chap. 2G7. 181
the treasurer of said city is hereby authorized to pay, such of the
unpaid bills incurred by said city and totalling three thousand four
hundred forty-oue dollars and eighty cents, as set forth in the list on
file in the office of the director of accounts in the department of corpo-
rations and taxation, as are legally unenforceable against said city, by
reason of their being incurred in excess of available appropriations,
and as are certified for payment by the personnel department, wherein
the bills were contracted; provided, that the money so appropriated to
pay such bills shall be raised by taxation in said city.
JSection 2. No bill shall be approved by the city auditor of said
city for payment or paid by the treasurer thereof under authority of
this act unless and until certificates have been signed and filed with
said city auditor, stating under the penalties of perjury that the
goods, materials or services for which bills have been submitted were
ordered b}^ an official or an employee of said city, and that such goods
and materials were delivered and actually received by said city or that
such services were rendered to said city, or both.
Section 3. Any person who knowingly files a certificate required
by section two, which is false and who thereby receives payment for
goods, materials or services which were not received by or rendered
to said city, shall be punished by imprisonment for not more than
one 3^ear or by a fine of not more than three hundred dollars, or both.
Section 4. 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 May 4, 1959.
Chap. 267. An Act authorizing the city of Springfield to ap-
propriate MONEY FOR THE PAYMENT OF, AND TO PAY, CER-
TAIN UNPAID BILLS.
Be it enacted, etc., as foUoivs:
Section 1. The city of Springfield is hereby authorized to ap-
propriate money for the payment of, and after such appropriation,
the treasurer of said city is hereby authorized to pay, such of the
unpaid bills incurred by said city and totalling two thousand one
hundred sixteen dollars and fourteen cents, as set forth in the list on
file in the office of the director of accounts in the department of corpo-
rations and taxation, as are legally unenforceable against said city,
by reason of their being incurred in excess of available appropriations,
and as are certified for payment by the veterans' service department,
wherein the bills were contracted ; provided, that the money so ap-
propriated to pay such bills shall be raised by taxation in said city.
Section 2. No bill shall be approved by the city auditor of said
city for payment or paid by the treasurer thereof under authority of
this act unless and until certificates have been signed and filed with
said city auditor, stating under the penalties of perjury that the goods,
materials or services for which bills have been submitted were ordered
by an official or an employee of said city, and that such goods and
182 Acts, 1959. — Chaps. 268, 269.
materials were delivered and actually received by said city or that such
services were rendered to said city, or both.
Section 3. Any person who knowingly files a certificate required
oy section two, which is false and who thereby received payment for
goods, materials or services whicJi 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 tliree liundred dollars, or both.
Section 4. 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 otlierwise.
Approved May 4, 1959.
Chap. 268. An Act providing that no petition proposing the same
PLAN of city charter WHICH HAS BEEN REJECTED SHALL
BE PILED WITHIN FOUR YEARS THEREAFTER.
Be it enacted, etc., as follows:
Section 12 of chapter 43 of the General Laws, as appearing in the
Tercentenary Edition, is hereby amended by striking out, in line 3,
the words "one year" and inserting in place thereof the words: —
four years, — so as to read as follows : — Section 12. Sliould a majority
of the votes cast be against the adoption of the plan proposed, no peti-
tion proposing the same plan shall be filed within four years there-
after ; but a petition proposing the adoption of one of the other plans
provided for in this chapter may be filed at any time thereafter, and,
subject to section ten, proceedings thereon shall be had as though no
prior petition under this chapter had been filed.
Approved May 4, 1959.
Chap. 269. An Act changing the time for commencing actions to
recover land and for making entries thereon to
twenty-five years in certain cases.
Be it enacted, etc., as follows:
Section 1. Section 25 of chapter 260 of the General Laws, as ap-
pearing in the Tercentenary Edition, is hereby amended by adding
after the word "removed", in line 5, the words: — , if within twenty-
five years after the i-ight of action or of entry first accrued.
Section 2. Section 26 of said chapter 260, as so appearing, is
hereby amended by adding after the word "death", in line 6, the
words: — , if within twenty-five years after the right of action or of
entry first accrued.
Section 3. This act shall apj)ly to riglits of action and of entry
existing on the effective date of tliis act except that action may be com-
menced or entry made at any time before January first, nineteen hun-
dred and sixty-one, if a period of twenty-five years after the right of
action or of entry fii-st accrued has expired before the effective date
of this act or will expire before January first, nineteen hundred and
sixty-one. Approved May 4, 1959.
Acts, 1959. — Chaps. 270, 271, 272. 183
Chap. 270. An Act authorizing a city or town to transfer park-
ing I^IETER RECEIPTS TO ITS GENERAL POINDS AS PAYMENTS
IN LIEU OF TAXES ON CERTAIN MUNICIPALLY OWNED PARK-
ING AREAS AND FACILITIES.
Be it enacted, etc., as follows:
Chapter 40 of the General Laws is hereby amended by striking out
seetion 22B, as amended by chapter 92 of the acts of 11)53, and in-
serting in place thereof the following section: — Section 22B. Any
city or town having installed parking meters may acquire off-street
parking areas and facilities by purchase, gift, eminent domain under
chapter seventy -nine or chapter eighty A, by lease not to exceed five
years, or otherwise, and may pay for such acquisition or lease, in-
eluding the cost of policing, constructing or reconstructing, surfacing,
operating and maintaining such areas and facilities, and including
any debt incurred for such acquisition, in whole or in part, from any
receipts from said parking meters and may in each year transfer or
pay into its general funds from said receipts a sum or sums in lieu of
taxes for the year in question upon the average assessed valuation of
said areas and facilities for the three years innnediately prior to the
date of said acquisition, determined by multiplying each one thou-
sand dollars of such average valuation or fraction thereof by the tax
rate set for said city or town for that year ; provided, that the off-street
parking areas and facilities are located not more than six hundred
feet from a building in which the principal activity is business, com-
mercial, manufacturing or industrial in character, and which building
is in a business, commercial, manufacturing or industrial zone, but is
not more than six hundred feet from the nearest parking meter of any
group of not less than thirty parking meters approved by the depart-
ment of public works. Approved May 4, 1959.
Chap. 271. An Act repealing authorization granted the city of
MEDFORD TO TRANSFER CERTAIN LANDS UNDER THE JURIS-
DICTION OF ITS PARK DEPARTMENT TO THE JURISDICTION OF
THE CITY.
Be it enacted, etc., as follows:
Chapter seven hundred and forty-one of the acts of nineteen hun-
dred and fifty-seven is hereby repealed. Approved Majf 4, 1959.
Chap. 272. An Act providing for tenure of office for the incum-
bent OF THE OFFICE OF CHIEF OF POLICE OF THE TOWN OF
DIGHTON.
Be it enacteel, etc., as follows:
Section 1. The tenure of office of Charles Mason, tlie incumbent
of the office of chief of police of the town of Dighton, shall be un-
limited. Said incumbent shall not be removed from office, lowered in
rank or suspended, except for just cause and for reasons specifically
given him in writing bv the board of selectmen.
184 Acts, 1959. — Chap. 273.
Section 2. This act shall be submitted to the voters of said town
of Dighton at the next annual town meeting in the form of the follow-
ing 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-nine, en-
titled 'An Act providing for tenure of office for the incumbent of the
office of chief of police of the town of Dighton', be accepted?" If a
majority of the votes in answer to said question is in the affirmative,
then this act shall thereupon take full eli'eet, but not otherwise.
Approved May 4, 1959.
Chap. 273. An Act exempting certain veterans who have lost
THE SIGHT OP ONE EYE FROM THE PAYMENT OF THE EXCISE
ON MOTOR VEHICLES OWNED AND REGISTERED BY THEM.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to provide immediately for an exemption of the
payment of the excise on motor vehicles owned and registered by cer-
tain disabled veterans, therefore it is hereby declared to be an emer-
gency law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter GOA of the General Laws is hereby
amended by striking out the fifth paragraph, as most recently amended
by section 4 of chapter 403 of the acts of 1955, and inserting in place
thereof the following paragraph : —
The excise imposed by this section shall not apply to a motor vehicle
owned, operated and registered by a World War I, World War II or
Korean veteran who according to the records of the United States
Veterans Administration, by reason of service in the armed forces
of the United States, has suffered loss, or permanent loss of use of,
one or both feet, or loss, or permanent loss of use of, one or both hands ;
nor to a motor vehicle owned and registered by a World War I, World
War II or Korean veteran who is receiving a statutory award from
the Veterans Administration for the loss of sight of one eye or who
according to the records of the United States Veterans Administra-
tion, by reason of service in the armed forces of the United States has
suffered i)erman('iit impairment of vision of both eyes of the follow-
ing status: central visual acuity of 20/200 or less in the better eye,
with corrective glasses, or central visual acuity of more than 20/200
if there is a field defect in which the peripheral field has contracted to
such an extent that the widest diameter of visual field subtends an
angular distance no greater than twenty degrees in the better eye.
This exemption shall apply only to motor vehicles owned or operated
for the personal, non-commercial use of said veterans.
Section 2. This act shall take effect as of January first, nineteen
hundred and fifty-nine, and shall apply to the excise levied in the year
nineteen hundred and fifty-nine and subsequent years.
Approved Maij 5, 1959.
Acts, 1959. — Chap. 274. 185
Chap. 274. An Act providing for the policing of the general
EDWARD LAWRENCE LOGAN INTERNATIONAL AIRPORT BY THE
STATE POLICE.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to provide forthwith for effective policing at the
General Edward Lawrence Logan International Airport, by the state
police, therefore this act is hereby declared to be an emergency law,
necessary for the immediate preservation of the public safety and
convenience.
Be it enacted, etc., as follows:
Section 1. Chapter 22 of the General Laws is hereby amended by
inserting after section 91, inserted by chapter 548 of the acts of 1956,
the following two sections : — Section 9J. The commissioner is hereby
authorized and directed to enter into an agreement with the Massa-
chusetts Port Authority for police service to be furnished to the
Authority by the department at the General Edward Lawrence Logan
International Airport. Said agreement shall fix the legal responsi-
bility pertaining to the operation and maintenance of such service and
shall include, among other provisions, a provision for payments to the
commonwealth for the cost of retirement, compensation of injured
officers, sick leave, or other employee benefits, and a minimum allow-
ance for departmental supervision. Said agreement shall also include
a provision tliat all expenses incurred by the department in supplying
such police service shall, upon proper requisition, be paid by the
Authority as such expenses are incurred.
Section 9K. The commissioner may appoint and organize a state
police force of such size as he and the Authority may agree upon, in
addition to any other force authorized by law, to be assigned to the
^Massachusetts Port Authority to meet the requirements of section
twenty-three of chapter four hundred and sixty-five of the acts of
nineteen hundred and fifty-six, as amended by section eleven of chap-
ter five hundred and ninety-nine of the acts of nineteen hundred and
fifty-eight. The officers of the state police force, so appointed and so
assigned, shall have the same powers and be subject to the same quali-
fications, orders or restrictions as officers appointed under the provi-
sions of section nine A. During such assignment, such officers, in the
])erformance of their duties, shall be subject to the control of the com-
missioner, but shall perform such police duties as may be requested by
the Authorit3^ Any officer, so appointed and so assigned, may be
reassigned to general duties the same as those officers appointed under
the provisions of said section nine A, and any officer appointed as
provided in section nine A may be substituted by assignment for any
officer appointed under this section. Any officer so appointed, assigned
or reassigned shall for the purposes of salary, seniority, retirement or
other rights be considered as appointed under the provisions of said
section nine A, and the assignment or reassignment shall in no way
impair any rights to which an officer may be entitled, and such officer
shall at all times be considered to be an employee of the commonwealth.
Any officer assigned to duty with the Authority shall receive his
entire compensation during the period of his assignment from the
Authority, and the appointment and assignment of such officers by the
186 Acts, 1959. — Chaps. 275, 27G.
commissioner shall in no way be considered a violation of any provi-
sions of chapter twenty-nine. All assignments and reassignmeuts to
the Authority hereunder and under section nine A, except as the com-
missioner shall determine that an emergency exists or is threatened,
shall be subject to the approval of the Authority.
Section 2. Members of the uniformed braiicli of the division of
state police in the department of public safety, during such period or
periods as they may be assigned or reassigned to the Massachusetts
Port Authority, under the provisions of sections nine J and nine K of
chapter twenty-two of the General Laws, inserted by section one of
this act, shall be considered as employees of the commonwealth and
entitled to all rights and benefits accorded employees of the common-
wealth under the provisions of chapter thirty-two of the General Laws.
Said Authority is herebj' authorized and directed to make such deduc-
tions as are required to be made by said chai)ter thirty-two and to
transmit such deductions monthly, together with a report showing the
amount of regular compensation paid to and the amount deducted
from the salary of each such member for retirement purposes, to the
state board of retirement. Approved May 5, 1959.
Chap. 275. An Act authorizing the town op nantucket to bor-
row MONEY FOR RECONSTRUCTING AND MAKING EXTRAOR-
DINARY REPAIRS TO ITS SEW^ER PORCE MAIN.
Be it enacted, etc., as follows:
Section 1. For the purpose of reconstructing and making extraor-
dinary repairs to the sewer force main, the town of Nantucket may
borrow, within a period of two years from the passage of this act, such
sums as may be necessary, not exceeding, in the aggregate, seventy-five
thousand dollars, and may issue bonds or notes therefor, which shall
bear on their face the words, Nantucket Sewer Keeonstruction Loan,
Act of 1959. Any such loan shall be i)aid in not more than ten years
from its date.
Section 2. Any action taken under authority of this act at the
annual or at a special town meeting of the town of Nantucket 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 said
meeting was posted.
Section 3. This act shall take effect upon its passage.
Approved May 5, 1959.
Chap. 276. An Act providing that a member of the board of reg-
istration in embai.:\iing and funeral directing may
serve more than one full term.
Be it enacted, etc., as follows:
The second paragraph of section 29 of chapter 13 of the General
Laws, as appearing in section 1 of cha})ter 653 of the acts of 1954, is
hereby amended by striking out the last sentence.
Approved May 5, 1959.
Acts, 1959. — Chaps. 277, 278, 279. 187
Chap. 277, Ax A( t i;xTi:M)ix(i the period of operation of the law
AITHOKIZINC; THE TRIAL OF CIVIL ACTIONS IN THE CENTRAL
DISTRICT COURT OF WORCESTER BY A JURY OF SIX.
Be it oiacfrd, itc, as follows:
Section 14 of chapter 738 of the acts of 1956 is hereb}^ amended by
striking out, in line 4, the word "fifty-nine" and inserting in place
thereof the word: — sixty-one. Appi^oved May 5, 1959.
Chap. 278. Ax Act authorizing the issuance of an alcoholic bev-
erage LICENSE to the MARLBOROUGH LODGE NO. 1129,
LOYAL ORDER OF MOOSE, INCORPORATED.
Bf if enacted, etc., as follows:
Notwithstanding any limitation on the number of licenses under the
provisions of section seventeen of chapter one hundred and thirty-
eight of the General Laws, but subject, however, to all other provisions
of said chapter, including the provisions of section sixteen C thereof,
the licensing board of the city of Marlborough is hereby authorized to
issue to the Marlborough Lodge No. 1129, Loyal Order of Moose, In-
corporated an annual license to sell all alcoholic beverages, to be drunk
on its premises, to members and to guests introduced by such members
and to no others.
Said license shall not be transferable to any other licensee and shall
not be included in the number of licenses issued under authority of
said section seventeen ; provided, however, that if there is an addition
to the quota of such licenses in said city under said section seventeen
because of an increase in population in said city, then said license
shall be included in such new quota. Approvcel May 5, 1959.
Chap. 279. An Act authorizing the selectmen of the town of
READING TO CALL A SPECIAL TOWN ELECTION FOR THE PUR-
POSE OF ASCERTAINING, BY THE USE OF AN OFFICIAL BALLOT,
THE WILL OF THE VOTERS RELATIVE TO CONTINUING THE
FLITORIDATION OF THE WATER SUPPLY OF SAID TOWN.
Be it enacted, etc., as feAloivs:
The selectmen of the town of Reading are hereby authorized to call
a special town election in said town in the current year, at which
election there shall be submitted to the voters the following question
which shall be printed upon the official ballot which shall be used at
said election: — "Are you in favor of fluoride supplementation of the
Reading water supply?" If a majority of those voting vote in favor
of such supplementation it shall be deemed and taken to be the will
of the voters of said town that the public water supply shall continue
to be fluoridated, and if a majority of votes cast in answer to said
question 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 May 5, 1959.
188 Acts, 1959. — Chaps. 280, 281.
Chap. 280. An Act increasing the number of trustees of the
SPRINGFIELD MUNICIPAL HOSPITAL.
Be it enacted, etc., as follows:
Section 1. Chapter 455 of the acts of 1948 is hereby amended by
striking out section 2 and inserting in place thereof the following sec-
tion : — Section 2. Notwithstanding the provisions of any general or
special law, the construction and operation of said hospital shall be
vested in a board of twelve trustees. One of said trustees shall be the
commissioner of public health in said city by virtue of his office. Six
members of the board of trustees, other than the said commissioner,
shall be appointed by the mayor, subject to confirmation by the board
of aldermen, and shall be practicing physicians and surgeons in said
city, but not more than two trustees shall be members of the staff of
any one general hospital in said city. The remaining five trustees
shall be laymen and sliall be appointed by the mayor, subject to con-
firmation by the board of aldermen. Upon the expiration of the term
of any trustee, his successor shall be appointed for a term of six years.
Any vacancy in the board of trustees shall be filled for the unexpired
term in the same manner as the original appointment was made. The
board shall elect annually one of its members to serve as chairman, and
the members of the board shall receive no eomi)ensation as such.
Section 2. Any person serving as a member of the board of trus-
tees of the Springfield Municipal Hospital on the effective date of this
act shall continue to serve until the expiration of the term for which
he was appointed. The initial appointments of the five additional
members of said board, authorized under section two of said chapter
four hundred and fifty-five, as amended by section one of this act, shall
be as follows : one for a term of two years, one for a term of three
years, one for a term of four years, one for a term of five years and
one for a term of six years from the date of the organization of the
city government in the year following his appointment. Upon the
expiration of the term of any member of said board of trustees, his
successor shall be appointed in the manner and for the term provided
in said section two.
Section 3. This act shall take effect upon its passage.
Approved May 6, 1959.
Chap. 281 . An Act authorizing the acceptance of federal aid for
certain sewerage works within the south metropoli-
tan DISTRICT, AND FURTHER PROVIDING FOR ASSESSMENTS
TO BE PAID BY THE TOWN OF WESTWOOD.
Be it enacted, etc., as follows:
Section 1. For the purpose of further carrying out the construc-
tion authorized by chapter three hundred and eighty of the acts of
nineteen hundred and fifty-five, as amended by section one of chapter
seven hundred and sixty-four of the acts of nineteen hundred and
fifty-seven, the metroi)olitan district commission is authorized to apply
for and accept any federal funds as a grant or reimbursement avail-
Acts, 1959. — Chap. 282. 189
able for sewerage projects, and any such funds received prior to the
issuing of bonds authorized to be sold under section fourteen of said
chapter thi-ee hundred and eighty, as amended by section one of said
chapter seven hundred and sixty-four, shall be used without further
appropriation, notwithstanding the provisions of any general or special
law to the contrary, in lieu of the issuing of such l)onds, and the total
of the bonds authorized under said section fourteen shall be reduced
by the amount of federal funds so received. In the event that such
federal funds shall be received after the issuance of the total amount
of bonds authorized under said section fourteen, said federal funds
shall be credited to the jMetropolitan District Sewerage Loan, Act of
1957, redemptiou account.
Section 2. In the event federal aid is received as provided for in
this act, the amount of the additional, annual special assessment to be
paid by the town of Westwood as provided for in section fourteen of
chapter three hundred and eighty of the acts of nineteen hundred and
fiftj'-five, as amended by section one of chapter seven hundred and
sixty-four of the acts of nineteen hundred and fifty-seven, shall be
one-twentieth of the difference between four hundred and fifty thou-
sand dollars and the amount of the federal aid so received.
Section 3. This act shall take effect upon its passage.
Approved May 6, 1959.
Chap. 282. An Act making property damage insurance coverage,
so CALLED, OR EQUIVALENT INDEMNITY OR PROTECTION, A
PREREQUISITE TO THE REGISTRATION OP MOTOR VEHICLES TO
BE LEASED UNDER THE " DRIVE-IT- YOURSELF " OR ANY SIMI-
LAR SYSTEM.
Be it enacted, etc., as follows:
Section 1. Section 32E of chapter 90 of the General Laws, inserted
by section 1 of chapter 209 of the acts of 1934, is hereby amended by
adding at the end the following paragraph : —
Every lessor shall provide and maintain, during such time as he en-
gages in the business of leasing motor vehicles under any system re-
ferred to in section thirty-two C, a motor vehicle liability policy or
bond or deposit, which, in addition to providing indemnity, protection
or security for personal injuries, shall further provide indemnity,
protection or security for damage to property as required by the pro-
visions of this chapter.
Section 2. The paragraph defining "Motor vehicle liability bond"
in section 3-lA of said chapter 90, as appearing in section 2 of chapter
459 of the acts of 1935, is hereby amended by inserting after the word
"person", in line 24, the following: — ; provided, however, that in the
case of a person who is engaged in the business of leasing motor vehicles
under any system referred to in section thirty-two C, the words "motor
vehicle liability bond" shall mean a bond as described herein but con-
ditioned further that the obligor shall witliin thirty days after the
rendition thereof satisfy all judgments rendered against him or against
190 Acts, 1959. — Chap. 282.
any person responsible for the operation of the obligor's motor vehicle
with his express or implied consent, including such consent imputed
under section thirty-two E, in actions to recover damages for injury
to property sustained during the term of said bond by any person, and
arising out of the ownership, operation, maintenance, control or use
upon the ways of the commonwealth of such motor vehicle, to the
amount or limit of at least one thousand dollars on account of any such
injury to property.
Section 3. The paragraph defining "Motor vehicle liability pol-
icy" in said section 34 A of said chapter 90, as so api)earing, is hereby
amended by inserting after the word "policy", in line 26, the follow-
ing : — ; provided, however, that in the ease of a person who is engaged
in the business of leasing motor vehicles under any system referred to
in section thirty-two C, the words "motor vehicle liability policy"
shall mean a policy of liability insurance as described herein and pro-
viding, in addition, indemnity for or protection to the insured and
any person responsilile for the operation of the insured's motor vehicle
with his express or implied consent, including such consent imputed
under section thirty-two E, against loss by reason of the liability to pay
damages to others for injury to property sustained during the term
of the policy by any person, and arising out of the ownership, opera-
tion, maintenance, control or use upon the ways of the commonwealth
of such motor vehicle, to the amount or limit of at least one thousand
dollars on account of any such injury to i)roperty.
Section 4. The first sentence of section 34D of said chapter f)0, as
appearing in section 4 of chapter 571 of the acts of 194!), is hereby
amended by inserting after the word "judgment", in line 25, the fol-
lowing : — - ; provided, however, that if the applicant for registration is
engaged in the business of leasing motor vehicles under any system
referred to in section thirty-two C, such applicant shall deposit with
said treasurer additional security in the amount or value of at least
one thousand dollars for the payment by such applicant or by any
person responsible for the operation of such applicant's motor vehicle
wdth his express or implied consent, including such consent imputed
under section thirty-two E, of all judgments rendered against such
applicant or against such person in actions to recover damages for
i)ijui'y to property sustaiiunl during the term of registration by any
person, and arising out of the ownership, operation, nuiintenance, con-
trol or use upon the ways of the commonwealth of such motor vehicle,
to the amount or limit of at least one thousand dollars on account of
any such judgment.
Section 5. Section 34J of said chapter 90, as appearing in the
Tercentenary Edition, is hereby amended by adding at the end the
following sentence: — This section shall not apply to a person who
operates a motor vehicle leased under any system referred to in sec-
tion thirty-two C without knowledge that the lessor thereof has not
complied with the provisions of section thirty-two E relative to pro-
viding indemnity, ])rotecti()n or security for i>roperty damage.
Section 6. The provisions of this act shall apply to the registra-
tion of motor vehicles for the yenv nineteen hundred and sixty and
for subsequent years. Approved May 6, 1959.
Acts, 1959. — Chap. 28^5. 191
Chap. 283. Ax Act autuouizino the consolidation of the chil-
dren 's HOSPITAL AND THE CHILDREN'S MEDICAL CENTER,
INC. UNDER THE NAME OP THE CHILDREN'S HOSPITAL MEDI-
CAL CENTER AND THE CONSOLIDATION OE CERTAIN OTHER
CHARITABLE CORPORATIONS WITH THE CHILDREN'S HOSPITAL
MEDICAL CENTER.
Be it enacted, etc., as follows:
Section 1. The Children's llospitcil, incorporated by chapter
forty-four of the acts of eighteen hundred and sixty-nine and The
("liildren's Medical Center, Inc., incorporated under chapter one hun-
dred and eighty of the General Laws, are hereby authorized, by ac-
ceptance of this act within one year after its etlective date, at meetings
of the members duly called for the purpose, to consolidate into one
cori)oration under the name of The Children's Hospital Medical Cen-
ter, which shall in all respects be a continuation of, shall have all the
powers, privileges and exemptions of, and shall be subject to all the
duties, liabilities and restrictions provided by law in so far as they
relate to, said existing corporations. Upon such acceptance, copies of
the votes of acceptance certified by the clerk or other officer of the
respective corporations so voting shall be filed in the registry of deeds
of Suffolk county and with the state secretary, and the consolidation
of such corporations shall thereupon be complete.
Section 2. Infants Hospital, The Hospital and Convalescent
Home for Children, Association of the House of the Good Samaritan,
The Sharon Sanatorium, The Children's Mission to Children, Chari-
table Surgical Appliance Shop and Sarah Fuller Foundation for Little
Deaf Children, all cliarital)le corporations organized and existing
under the laws of Massachusetts, are hereby severally authorized, by
acceptance of this act within two years after its effective date at a
meeting of the members duly called for the purpose, to consolidate
with The Children's Hospital Medical Center, which shall in all re-
spects be a continuation under that name, and shall have all the pow-
ers, privileges and exemptions, of each of the corporations so consoli-
dating with it, and shall be subject to all of the duties, liabilities and
restrictions provided by law in so far as they relate to the said con-
solidating cori)orati()ns. Upon such acceptance, copies of the vote of
acceptance certified l)y the clerk or other officer of the corporation so
voting shall be filed in the registry of deeds of Suffolk county and
with the state secretary, and the consolidation of such corporation
with The Children's Hospital Medical Center shall thereui)on be
complete.
Section 3. Upon each such consolidation, all i)roperty, real and
personal, of the corporations so consolidating and all devises, bequests,
conveyances and gifts heretofore and hereafter made to any of such
corporations shall vest in the consolidated corporation and otherwise
shall be held by the consolidated corporation subject to the same terms,
conditions, limitations and trusts as they are now held by such con-
solidating corporations or would have been held but for this act, and
the treasurers of such corporations are hereby respectively authorized
to execute, acknowledge and deliver all papers and documents that
192 Acts, 1959. — Chap. 284.
may be deemed necessary or proper for the purpose of coiifirmiug in
The Children's Hospital Medical Center the record title to the prop-
erty of the corporations so consolidating.
Section 4. Upon c6nsolidation of The Children's Hospital and
The Children's Medical Center, Inc., the members of both those cor-
porations shall be the members of the consolidated corporation until
such time as the consolidated corporation may, by amendment of its
by-laws, alter its membcrsliip, and the members of the governing board
and officers of The Children's Hospital shall be, until their successors
are chosen and qualified, the members of the governing board and
officers of the consolidated corporation, which shall, except as herein
provided with respect to the initial membership, both thereupon and
after the consolidation of other existing corporations pursuant to sec-
tion two hereof, be governed by the by-laws of The Children's Hospital
as the same now are or may hereafter be amended.
Section 5. The consolidated corporation shall have all of the pow-
ers granted to The Children's Hospital by chapter two hundred and
sixty-one of the acts of nineteen hundred and fifty-four to form with
the Infants Hospital and with such other charitable corporations or-
ganized under the laws of the commonwealth as may be mutually
agreed upon, an alliance for, and otherwise to co-operate in, establish-
ing, maintaining and operating a medical center and to render mutual
services and operate one or more plants in common in connection with
such medical center.
Section 6. The consolidated corporation may hold real and per-
sonal property to an amount not exceeding the aggregate amount of
property which the consolidating corporations may lawfully acquire
and hold.
Section 7. Whatever right or authority is granted or conferred by
this act is hereby declared to be limited to such authorit}^ or right as
the general court may constitutionally grant or confer, without preju-
dice to any proceeding that may be instituted in any court of compe-
tent jurisdiction to effect the ])urposes of this act.
Approved May 6, 1959.
Chap. 284. An Act relative to soliciting, by sign, listing or
other form of advertisement, work required by law
to be performed by a master plumber or a journeyman.
Be it enacted, etc., as follows:
Chapter 142 of the General Laws is hereby amended by striking
out section 3, as most recently amended by chapter 2(53 of the acts
of 1958, and inserting in place thereof the following section : — Sec-
tion 3. No person shall engage in the business of a master plumber
or work as a journeyman, nor solicit, by sign, listing or any other
form of advertisement, work regulated or controlled by this chapter
or by any ordinance, by-law, rule or regulation made hereunder,
unless he is lawfully registered, or has been licensed by the examiners
as provided in this chapter. Any person so licensed as a master
plumber may carry on the work of a gas fitter throughout the com-
Acts, 1959. — Chaps. 285, 286. 193
monwealth, uotwitlistcUKlin<? any local ordinauce, by-law, rule or regu-
lation to the contrary.
The license or certificate of a .)()nrne,yinan shall be exhibited when-
ever required by an insi)ector ol" plumbing.
The license or certificate of a masler pluuibei- shall at all times be
displayed conspicuously within his place of business. Any sign,
listing or advertisement of a master plumber or a journeyman shall
contain his designation and license number.
ApiJrovcd May 6, 1959.
Chap. 285. An Act to grant time off without loss of pay to
DELEGATES TO THE STATE CONVENTION OF THE ASSOCIATED
FIRE FIGHTERS OF MASSACHUSETTS AFL :CIO.
Be it enacted, etc., as follows:
Section 1. Chapter 48 of the General Laws is hereby amended by
inserting after section 57A, inserted by chapter 640 of the acts of
1953, the following section: — Section 57B. Members of the fire de-
partment in any city or town adopting this section may be excused
from duty for not more than four days in any year without loss of
pay while in attendance as an official delegate to the Associated Fire
Fighters of jMassachusetts AFL :CIO convention held within the
commonwealth.
Section 2. This act shall take effect upon its acceptance in cities
by vote of the city council, and in towns by vote at an annual or special
town meeting called for the purpose. Approved May 6, 1959.
Chap. 286. An Act making a corrective change in the general
LAWS BY striking OUT THE REFERENCE TO THE SALARY OP
THE SPECIAL JUDGE OP PROBATE AND INSOLVENCY FOR
MIDDLESEX COUNTY.
Be it enacted, etc., as follows:
Chapter 217 of the General Laws is hereby amended by striking out
section 41, as most recently amended by chapter 503 of the acts of
1941. and inserting in place thereof the following section: — Section
41. Except as hereinafter provided, whenever a special .judge holds
a session of the probate court or court of insolvency, he shall receive
from the commonwealth twenty-five dollars for each day that he per-
forms such duties. The special judge of probate and insolvency for
Dukes county shall be paid his actual traveling expenses necessarily
incurred in the performance of his duties, irrespective of the place of
holding and attending court, and also ten dollars for each day's serv-
ice. Compensation for sitting in the place of the judge of probate for
said county in excess of thirty days in any one year shall be deducted
by the comptroller from the salary of the judge.
Approved May 6, 1959.
194 Acts, 1959. — Chaps. 287, 288.
Chap. 287. An Act authorizing the town of Wilmington to regu-
late OR PROHIBIT BY BY-LAW THE FURTHER REMOVAL OF
SOIL, LOAM, SAND OR GRAVEL FROM CERTAIN LAND.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of any special or gen-
eral law to the contrary, the town of AYilniington may regulate or pro-
hibit by zoning or general by-law, or by any amendment thereof the
further removal of soil, loam, sand or gravel from land not in public
use even though such land was being used for such purposes at the
time of the adoption of said ordinance or by-law.
Section 2. This act shall take effect upon its passage.
Approved May 7, 1959.
Chap. 288. An Act making appropriations for the maintenance
OF franklin county, its departments, boards, commis-
sions AND institutions, OF SUNDRY OTHER SERVICES, FOR
certain permanent improvements, for interest AND
DEBT REQUIREMENTS, AND TO MEET CERTAIN REQUIREMENTS
OF LAW AND GRANTING A COUNTY TAX FOR SAID COUNTY.
Whereas, The deferred operation of this act would result in un-
necessarily extending the period during which county exjicnditures
would be made in anticipation of appropriation, therefore it is hereby
declared to be an emergency law, necessary for the immediate preserva-
tion of the public convenience.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of Franklin county,
its departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several purposes and sul)ject to the conditions specified
in section two are hereby appropriated, subject to the provisions of
law regulating the disbursement of county funds and the approval
tiici'col' foi" the year nineteen hundred and fifty-nine: —
Franklin County.
Item
1 . For inlercst on county debt $1,500 00
.'J. For county commissioners, salaries and expenses . . 1U,7'J5 00
4. For transportation and expenses of county and act-
ing commissioners 600 00
5. For clerk of courts, salaries and expenses 22,866 00
0. For county treasurer, salaries and expenses 12,209 75
7. For sheriff, salary and expenses 5,960 00
;S. For registry of deeds, salaries and expenses 36,728 17
8a. For registry of probate, salaries and expenses 3,6-10 00
9. For law library, salaries and expenses 8,161 00
10. For highways, including state highways, bridges and
land damages 146,825 00
11 . For examination of dams 400 00
Acra, 1959. — Chap. 288. 195
Item
12. For criminal costs in superior court $15,880 30
18. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees 22,195 00
14. For district courts, salaries and expenses 53,585 83
15. For medical examiners and commitments of insane 4,011 00
16. For jail and house of correction, maintenance and
operation 76,795 39
1 7. For training school 200 00
IS. For court houses and registry buildings, mainte-
nance and operation 27,649 00
20. For agricultural school or county aid to agriculture,
maintenance and operation 39,521 51
21. For state reservation, maintenance and operation.
Sugar Loaf 5,192 50
22. For hospital or sanatorium 27,536 21
23. For preventorium or health service 2,200 00
24. For non-contributory pensions 1,700 00
25. For contributory retirement system and supervisory
expenses 10,885 05
26. For miscellaneous and contingent expenses 2,730 16
27. For unpaid bills of previous years 700 00
28. For reserve fund 5,000 00
29. For advertising recreational, industrial and agricul-
tural advantages of the county 7,600 00
31. For radio system for fire protection 1,230 00
39. For group insurance 4,300 00
40. For advertising and promoting county fairs 250 00
Total Amount of Appropriations $558,846 87
Less Estimated amount available for Keduction of
County Tax 75,842 88
And the county commissioners of Franklin County
are herel)y authorized to levy as the county tax of
said couiitv for the current year, in the manner
provided by law, the sum of $483,003 99
Section 2. Sums ap])ropriated in section one are based upon de-
tailed schedules approved by the joint committee on counties, copies
of which are deposited with the director of accounts.
Said director shall file with the county commissioners and the county
treasurer of Franklin county a certification of the amounts above
appropriated as set forth in the api)roved schedules for said county.
Except as provided by this act or except as otherwise provided by
law, no liability may be iiicurred and no expenditure shall be made in
excess of the amount available in an existing appropriation for a
function, a main group, a class or a sub-class.
Transfers within an ap[)ropriation from a main gi-oup to another
main group may be made upon written recjuest of the authorized of-
ficial of the organization unit with the written approval of said county
196 Acts, 1959. — Chap. 288.
commissioners, and copies of said reciuest and approval shall be filed
with the county treasurer; provided, however, that no transfer shall
be made from the main •jronps "j)ersonal services" or "equipment"
to another main grroup nor sliall any transfer be made from any other
main n:roup into the main ^rroups "personal services" or "equipment".
Transfers within an appropriation between classes and between sub-
classes within a main group may be made by the authorized official of
the organization unit whenever in his opinion public necessity and
convenience so requires; provided, however, that no transfer shall be
made within the classes of the main groups "personal services" or
"equipment".
Amounts included for permanent positions in sums ap])roi)riated in
section one for personal services are based upon schedules of perma-
nent positions and salary rates as approved by the joint committee on
counties, and, except as otherwise shown by the files of said committee,
a copy of Avhich shall be deposited with the county personnel board,
no part of sums so appropriated in section one shall be available for
payment of salaries of any additional permanent positions, or for pay-
ments on account of reallocations of permanent positions, or for pay-
ments on account of any change of salary range or compensation of
any permanent positions, notwithstanding any special or general act
to the contrary.
Moneys appropriated under this act for the purchase of equipment
shall be expended for the purposes specified in the schedules as ap-
proved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund shall
be made, but transfers from this account to other accounts may be
made to meet extraordinary or uiifoi'eseen expenditures upon the
request of the county commissioners with the approval of the director
of accounts.
Section 3. No expense incurred for mid-day meals by county offi-
cers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
boarding and housing, and those county officers and employees who
arc stationed beyond commuting distance from their homes for a
period of more llian twenty-four hours, shall be allowed by any county ;
provided, that officers or onployees who have charge of juries or who
have the care aiul custody of prisoners, insane persons or other per-
sons placed in their charge by a court or under legal proceedings for
transfer to or from court to an institution or from institution to insti-
tution and persons certified by a district attorney as engaged in inves-
tigation shall be reimbursed for the expense of mid-day meals when
necessarily engaged on such duty; and provided, further, that county
officers and employees in attendance at meetings and conferences called
by or for any group or class on a statewide basis sliall be so reimbursed.
No moneys ajipropriated under this act sliall be expended by county
officers or employees for telephone service furnished to such officers or
employees at places other than regular county offices.
Section 4. The allowance to county officers and employees for
expenses incurred by them in the operation of motor vehicles owned
by them or by any member of their immediate families and used in the
performance of their official duties shall not exceed eight cents a mile.
Acts, 1959. — Chap. 289. 197
except in cases where a higher allowance is specifically provided by
statute; provided, that in the case of commitments ol" the insane the
justice of the court ordering the commitment may order a higher rate.
\'o cxiieiulitures shall he made for travel outside the commonwealth for
attendance at conferences or conventions.
!Sl:ctiox 5. Any provision of general or special law to the contrary
notwithstanding, any county oi^cer or emi)loyee whose salary rate on
July first, nineteen hundred and fifty-seven, was limited to an increase
in rate of one thousand dollars shall receive an increase in salary rate
of not more than one step in his salary grade, effective on his anni-
versary date or on July first, nineteen hundred and fifty-nine, in
accordance with approved list filed with the county personnel board
by the joint committee on counties. Approved May 11, 1959.
Chap. 289. An Act making appropriations for the maintenance
OF HAMPSHIRE COUNTY, ITS DEPARTMENTS, BOARDS, COM-
MISSIONS AND INSTITUTIONS, OF SUNDRY OTHER SERVICES,
FOR CERTAIN PERMANENT IMPROVEMENTS, FOR INTEREST
AND DEBT REQUIREMENTS, AND TO MEET CERTAIN REQUIRE-
MENTS OF LAW AND GRANTING A COUNTY TAX FOR SAID
COUNTY.
^Vhcnas, The deferred operation of this act would result in un-
necessarily extending the period during which county expenditures
would be made in anticipation of appropriation, therefore it is hereby
declared to be an emergency law, necessary for the immediate preser-
vation of the public convenience.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of Hampshire county,
its departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several purposes and subject to the conditions specified
in section two are hereby appropriated, subject to the provisions of
]hw regulating the disbursement of county fuJids and the approval
tliereof for the year nineteen hundred and fifty-nine : —
Hampshire County.
Item
1. For interest on county debt $4,500 00
3. For county commissioners, salaries and expenses . . 16,735 60
4. For transportation and expenses of county and act-
ing commissioners 700 00
5. For clerk of courts, salaries and expenses 23,235 50
6. For county treasurer, salaries and expenses 17,759 50
7. For sheriff, salary and expenses 6,345 00
8. For registry of deeds, salaries and expenses 43,129 91
8a. For registry of ])r()bate, salaries and exjienses .... 4,675 00
9. For law library, salaries and expenses 6,870 00
10. For highwavs. including state highwavs, bridges
and land damages " 142,800 00
11. For examination of dams 2,000 00
198 Acts, 1959. — Chap. 289.
Item
12. For criminal costs in superior court $26,694 75
13. For civil expenses in supreme judicial, superior,
probate and laud courts, including auditors, mas-
ters and referees 36,873 70
14. For district courts, salaries and expenses 89,069 05
15. For medical examiners and commitments of insane 8,140 00
16. For jail and house of correction, maintenance and
operation 101,264 56
17. For training school 600 00
18. For court houses and registry buildings, mainte-
nance and operation 33,844 58
20. For agricultural school or county aid to agriculture,
maintenance and operation 46,299 91
21. For state reservation, maintenance and operation,
Mt. Tom 5,964 89
21a. For state reservation, maintenance and operation.
Deer Hill 350 00
22. For hospital or sanatorium 154,614 80
23. For preventorium or health service 500 00
24. For non-contributor}^ pensions 1,407 85
25. For contributory retirement system and supervi-
sory expenses 16,857 84
26. For miscellaneous and contingent expenses 2,214 67
27. For unpaid bills of previous years 100 00
28. For reserve fund 6,500 00
29. For advertising recreational, industrial and agri-
cultural advantages of the county 6,600 00
31. For radio system for fire protection 6,000 00
34. For soil conservation 250 00
39. For group insurance 10,000 00
Total Amount of Appropriations $822,897 11
Less Estimated amount available for Reduction of
County Tax 138,165 60
And the county commissioners of Hampshire
County are hereby authorized to levy as the
county tax of said county for the current j'ear,
in the manner provided by law, the sum of $684,731 51
Section 2. Sums appropriated in section one are based upon de-
tailed schedules approved by the joint committee on counties, copies
of which are deposited with the director of accounts.
Said director shall file with the county commissioners and the county
treasurer of Hampshire county a certification of the amounts above
appropriated as set forth in the approved schedules for said county.
Except as provided by this act or except as otherwise pi'ovided by
law, no liability may be incurred and no expenditure shall ho made in
excess of the amount available in an existing approprialion for a
function, a main group, a class or a sub-class.
Transfers witliin an appropriation from a main group to another
main group may be made upon written request of the authorized of-
Acts, 1959. — Chap. 289. 199
tieial of the orgauizatiou unit w itli the written approval of said county
eouunissioiiers, and copies of said request and ai)proval sluill be filed
with the county treasurer; provided, however, that no transfer shall
l)e made from the main groups "personal services" or '"equipment"
to another nuiin group nor shall any transfer be made from any other
main group into the main groups "personal services" or "equipment".
Transfers within an appropriation between classes and between sub-
classes within a main group may be made by the authorized otiicial of
the organization unit whenever in his opinion public necessity and
convenience so requires; provided, however, that no transfer shall be
made within the classes of the main groups "personal services" or
"equipment".
Amounts included for permanent positions in sums appropriated in
section one for personal services are based upon schedules of perma-
nent positions and salary rates as approved by the joint committee on
counties, and, except as otherw'ise shown by the files of said commit-
tee, a cop3^ of which shall be deposited with the county personnel
board, no part of sums so appropriated in section one shall be avail-
able for pa^'ment of salaries of any additional permanent positions, or
for payments on account of reallocations of permanent positions, or
for payments on account of any change of salary range or compensa-
tion of any permanent positions, notwithstanding any special or gen-
eral act to the contrary.
Moneys appropriated under this act for the purchase of equipment
shall be expended for the purposes specified in the schedules as ap-
proved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund shall
be made, but transfers from this account to other accounts may be
made to meet extraordinary or unforeseen expenditui-es upon the re-
quest of the county commissioners with the approval of the director
of accounts.
Section 3. No expense incurred for mid-day meals by county of-
ficers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
boarding and housing, and those county officers and employees who
are stationed beyond commuting distance from their homes for a
period of more than twenty-four hours, shall be allowed by -any
county; provided, that officers or employees who have charge of juries
or who have the care and custody of prisoners, insane persons or other
persons placed in their charge by a court or under legal proceedings
for transfer to or from court to an institution or from institution to
institution and persons certified by a district attorney as engaged in
investigation shall be reimbursed for the expense of mid-day meals
when necessarily engaged on such duty; and provided, further, that
county officers and employees in attendance at meetings and confer-
ences called by or for any group or class on a statewide basis shall be
so reimbursed.
No moneys appropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers or
employees at places other than regular county offices.
Section 4. The allowance to county officers and employees for ex-
penses incurred by them in the operation of motor vehicles owned by
200 Acts, 1959. — Chaps. 290, 291.
tJu'iu or by any nicinbcr (jf their iinuu'diate I'aiuilies and used in the
peri'orniaiiee of their oftlcial duties shall not exceed eight cents a mile,
excei)t in eases where a higher allowance is specifically provided by
statute; provided, that in the case of commitments of the insane the
justice of the court ordering the commitment may order a higher rate.
No expenditures shall be made for travel outside the commonwealth
for attendance at conferences or conventions.
Section 5. Any provision of general or special law to the contrary
notwitlistanding, any county officer or employee whose salary rate on
July first, nineteen hundi-ed and fifty-seven, was limited to an increase
in rate of one thousand dollars shall receive an increase in salary rate
of not more than one step in his salary grade, effective on his anni-
versary date (u- on .July fii-st, nineteen hundred and fifty-nine, in ac-
cordance with approved list filed with the county personnel board by
the joint committee on counties. Approved May 11, 1959.
Chap. 290. An Act increasing the compensation of the members
OF THE BOARD OF EXCISE OF THE CITY OF CHELSEA.
Be it enacted, etc., as follows:
Section 1. Chapter 310 of the Special Acts of 1916 is hereby
amended by striking out section 3 and inserting in place thereof the
following section: — Section 3'. The annual salary of the chairman of
the excise board shall be twelve hundred dollars, that of each of the
other members one thousand dollars, and the clerk shall receive such
compensation as the board shall fix. The said salaries and compensa-
tion shall be paid monthly from the treasury of the city. Neither the
clerk nor any member of the board shall be engaged or interested in
any business for which the board is authorized to grant licenses. The
board shall be provided by the city with such rooms as will be con-
venient and suitable for the ])erformance of its duties. All necessary
expenses incurred by the board shall be paid by the city upon the
requisition of the board.
Section 2. This act shall take etfect upon its passage.
Approved Mni/ 11, 1959.
Chap. 291. An Act validating and confirming the laying out,
alteration, relocation or discontlnuance of public
ways in the town of draintree.
Be it enacted, etc., as follows:
Section 1. The laying out, alteration, relocation or discontiiniance
of all public ways in the town of Braintree previous to the year nine-
teen hundred and fifty-nine 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-iune, eigiity and eighty-two of the General Laws, is hereby
validated and confirmed.
Section 2. This act shall take cll'eet upon its ])assage.
Approved May 11, 1959.
Acts, 1959. — Chaps. 292, 29:1 201
Chap. 292. An Act aithokizincj the town of Buiixii'.WATKU to nou-
ROW MONEY FOR AN ADDITION TO ITS SEWAGE DISPOSAL
PliANT.
lit if oiacfrd, etc., as follows:
Section 1. For the purpose of constructing an addition to its
present sewage disposal ])lant thereby increasing its capacity to treat
sewage the town of Bridgewater is hereby authorized, within five
years after the passage of tliis act, to borrow such sums as may be
necessary, not exceeding in tlie aggregate one hundred and fifty thou-
sand doHars and may issue bonds or notes therefor, which shall bear
on their face the words, Bridgewater Sewerage Loan, Act of 1959.
Each authorized issue shall constitute a separate loan and such loans
shall be paj-able in not more than thirty years from their dates.
Indebtedness incurred under this act shall be in excess of statutory
limit but shall, except as provided herein be subject to chapter forty-
four of the General Laws inclusive of the limitation contained in the
first paragraph of section seven thereof.
Section 2. Until the plans for and the location of said addition
to sewage disposal plant have been approved by the state department
of public health, only so much of the money borrowed under section
one of this act as is necessary for the making of said plans, including
surveys and other preliminary investigation, shall be expended.
Approved May 11, 1959.
Chap. 293. An Act relative to the adjudication op the recovery
AND competence OF PERSONS WHO WERE MENTALLY ILL.
Br it enacted, etc., as foUows:
Chapter 123 of the General Laws is hereby amended by striking out
section 94A, as amended by chapter 535 of the acts of 1952, and in-
serting in place thereof the following section : — Section 94A. Any
person adjudicated by any court to be a mentally ill person, whether
or not in custody, may petition for adjudication of his or her recovery
and competence. The petition for such adjudication may be made by
such person or by any parent, guardian, conservator, relative or friend
of such person, and shall be filed in the probate court for the county
in which the person resides, is confined, or in which the adjudication
f)f mental illness was made. At any time prior to the hearing, the
department of mental health shall be notified of such petition and may
participate in the proceedings of the hearing. The department of
mental health shall appoint two physicians certified by the American
Board of Psychiatry and Neurology, Licorporated, to examine the sub-
ject and advise the court of his present mental condition. All reason-
able expenses incurred in su(!h examination and report shall be audited
and paid as in the case of other court expenses, as provided for in
section seventy-four. Notice of such jietition shall be given to the
liusband or wife, if any, and to the guardian or conservator, if any, of
such person, and the court may order notice to be given to all other
persons who may be interested. If the court, after hearing, finds that
such person is sane a decree to that effect shall be entered, and if in
202 Acts, 1959. — Chap. 294.
custody or ou leave of absence or on visit, so called, such person shall
forthwith be discharged. If the court finds that such person is still
mentally ill it shall enter a decree to that effect and shall dismiss the
petition, and no further petition for an adjudication of recovery and
competence shall be filed by or in behalf of such person within one year
of such dismissal. Approved May 11, 1959.
Chap. 294. An Act to protect land titles against the effects of
INDEFINITE REFERENCES.
Be it enacted, etc., as follows:
Section 1. Chapter 184 of the General Laws is hereby amended
by adding after section 24 the following section: — Section 25. No in-
definite reference in a recorded instrument shall subject any person
not an immediate party thereto to any interest in real estate, legal or
equitable, nor put any such person on inquiry with respect to such
interest, nor be a cloud on or otherwise adversely affect the title of
any such person acquiring the real estate under such recorded instru-
ment if he is not otherwise subject to it or on notice of it. An in-
definite reference means (1) a recital indicating directly or by im-
plication that real estate may be subject to restrictions, easements,
mortgages, encumbrances or other interests not created by instruments
recorded in due course, (2) a recital or indication affecting a descrip-
tion of real estate which by excluding generally real estate previously
conveyed or by being in general terras of a person's right, title or
interest, or for any other reason, can be construed to refer in a manner
limiting the real estate described to any interest not created by in-
struments recorded in due course, (3) a description of a person as
trustee or an indication that a person is acting as trustee, unless the
instrument containing the description or indication either sets forth
the terms of the trust or specifies a recorded instrument which sets
forth its terms and the place in the public records where such instru-
ment is recorded, and (4) any other reference to any interest in real
estate, unless the instrument containing the reference either creates
the interest referred to or specifies a recorded instrument by which the
interest is created and the place in the public records where such in-
strument is recorded. No instrument shall be deemed recorded in due
course unless so recorded in the registry of deeds for the county or
district in which the real estate affected lies as to be indexed in the
grantor index under the name of the o-\\Tier of record of the real estate
affected at the time of the recording. This section shall not apply to
a reference to an instrument in a notice or statement permitted by
laAV to be recorded instead of such instrument, nor to a reference to
the secured obligation in a mortgage or other instrument appearing of
record to be given as security, nor in any proceeding for enforcement
of any warranty of title.
Section 2. Section twenty-five of chapter one hundred and eighty-
four of the General Laws, inserted by section one of this act, shall
apply to indefinite references made before the effective date of this
act as well as to those made thereafter except that it shall not apply
to any interest which appears of record in accordance with tliis sec-
Acts, 1959. — Chap. 295. 203
tiou bel'oro the expiration of one year after said effective date. An
interest appears of record if (a) there is recorded in the registry of
deeds for the connty or district in which the real estate aft'ected lies
an instrument creating the interest or a notice of claim signed and
acknowledged by the holder of the interest fully describing it and spe-
cifying his residence and the name of the owner of record of the real
estate affected at the time of the recording, and (b), in case of an
instrument not so recorded as to be indexed in the grantor index under
tlie name of the owner of record of the real estate affected at the time
of its recording, whether before or after said effective date, there is
also recorded a notice of recording identifying the instrument and
specifjang the place of its recording in the registry of deeds and the
name of the owner of record of the real estate affected at the time of
the recording of the notice. All notices of claim and notices of re-
cording shall be indexed in the grantor index under the name of the
record owner specified therein. Approved May 11, 1959.
Chap. 295. An Act further regulating the holding op public
HEARINGS ON APPLICATIONS FOR PARI-MUTUEL RACING IN
CONJUNCTION WITH STATE AND COUNTY FAIRS AND THE FUR-
THER REGULATION THEREOF,
Be it enacted, etc., as follows:
Section 1. Section 2 of chapter 128A of the General Laws is
hereby amended by striking out the second paragraph, as amended by
chapter 716 of the acts of 1950, and inserting in place thereof the fol-
lowing paragraph : —
Such application, except an application for a license to conduct a
horse or dog racing meeting in connection with a state or county fair,
shall be filed with the commission on or before the fifth day of January'
of the calendar year for which such application requests a license to be
issued under this chapter; and the commission shall grant or dismiss
such application not later than the thirtieth day of January there-
after ; provided, however, that an application for a license to conduct
a horse or dog racing meeting in connection with a state or county
fair shall be filed with the commission on or before the first day of
April of the calendar year for which such application requests a license
to be issued under this chapter; and the commission shall grant or
dismiss such application not later than the thirtieth day of April
thereafter ; and provided, further, that a supplementary application
by a licensee for a subsequent license in that calendar year relating
to the same premises and the original application, and supplementary
applications by a licensee for additional licenses under section four of
this chapter, may be filed with the commission at any time prior to the
expiration of said year, and the commission shall grant or dismiss su(;h
applications within thirty days of the date of filing. Such applica-
tions shall be signed and sworn to, if made by an individual, by such
individual, if made by two or more individuals or a partnership, by
one of such individuals or by a member of such partnership, as tlie
case may be, if made by a trust, by a trustee of such trust, and, if made
204 Acts, 1959. — Chap. 296.
by an association or eoi'poration, by the president or vice president
thereof. The commission may prescribe forms to be used in making
such applications.
Section 2. Section 3 of said chapter 128A is hereby amended by
striking out the first paragraph, as most recently amended by section 2
of chapter 208 of the acts of 1958, and inserting in place thereof the
following paragraph : — If any application for a license, filed as pro-
vided 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 provisions of this chapter, at the race track specified in such appli-
cation; provided, that if the commission has already taken action on an
ai)plieation for any calendar year, after such notice and public hearing,
no other {niblic hearing need be granted on any other application from
the same applicant relating to the same premises filed prior to the ex-
piration 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 meeting under the provisions of this chapter prior to July
first, nineteen hundred and fifty-eight, the applicant 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 com-
missioner of agriculture that said fair is properly qualified and ap-
proved by him; 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 to whom a prior license to con-
duct such a racing meeting at the race track specified in said applica-
tion has been granted b}^ the commission, no hearing need be held,
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 with the
commission not later than thirty days following the granting of said
license. In determining 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 oft'ered
in such events and whether or not the granting of a racing license
would tend to ju-omote the agricultural purposes of the fair.
Approved May 11, 1959.
Chap. 296. An Act further regulating the issuance of licenses
FOR the sale, rental AND LEASING OF CERTAIN FIREARMS.
Be it enacted, etc., as follows:
Section 1. Section 121 of chapter 140 of the General Laws, as most
recently amended by section 4 of chapter 688 of the acts of 1957, is
liereby further amended by inserting after the third sentence the
following sentence: -The word "conviction" shall mean a finding or
Acts, 1959. — Chap. !>96. 205
verdict of guilty, or a plea oi" guilty, whether or not fiiuil sentence is
imposed.
JSectiox 2. Said chapter 140 is hereby further amended by strik-
ing out section 122, as most recently amended by section 5 of said
chapter (388, and inserting in place thereof the following section: —
:Scction 122. The chief of i)oiice or the board or ofticer having control
of the police in a city or town, or persons authorized by them, may,
after an investigation, grant a license to any person except an alien,
a minor or a person who has been convicted of a felony or of the
unlawful use, possession or sale of narcotic or harmful drugs, to sell,
rent or lease firearms, rifles, shotguns or machine guns, or to be in
Inisiness as a gunsmith. Every license shall specify the s^treet and
number, if any, of the building where the business is to be carried on,
and the license shall not protect a licensee who carries on his business
in any other place. The licensing authority to whom such application
is made shall cause one copy of said applicant's fingerprints to be
forwarded to the commissioner of public safety, who shall within a
reasonable time thereafter advise such authority in writing of any
criminal record of the applicant. The taking of fingerprints shall not
be required in issuing a renew^al of a license, if the fingerprints of
said applicant are on file with the commissioner. Any person refused
a license under this section may within ten days thereafter apply to
the commissioner for such license, who may direct that said licensing
authorities grant said license, if, after a hearing, he is satisfied there
were no reasonable grounds for the refusal to grant such license and
that the applicant was not barred by the provisions of law from hold-
ing such a license. The fee for any license issued under this section
shall be set by, and paj^able in, a manner prescribed by the authorities
empowered to issue said license, but said fee shall not exceed twenty
dollars per year. A person licensed to sell, rent or lease firearms, rifles,
shotguns or machine guns shall not be assessed any additional fee for
a gunsmith's license. Whoever knowingly issues a license in violation
of this section shall be punished by imprisonment for not less than
six months nor more than two years in a jail or house of correction.
Section 3. Said chapter 140 is hereby further amended by strik-
ing out section 122A, as most recently amended by section 6 of said
chapter 688, and inserting in place thereof the following section: —
Section 122A. The licensing authority under section one hundred
and twenty-two shall record all licenses issued in books or forms kept
for that purpose, and upon the granting of any such license or renewal
thereof or renewal of an expired license shall send notice thereof to
the commissioner of public safety on forms approved and furnished
by the commissioner. The commissioner, ui)on the application of the
licensee, at a price not in excess of the cost thereof, shall furnish said
licensee with the necessary sales record books to be kept by him as
provided in section one hundred and twenty-three.
Section 4. Said chapter 140 is hereby further amended by strik-
ing out section 123, as most recently amended by section 7 of said
chapter 688, and inserting in place thereof the following section: —
Section 123. The license shall be expressed to be and shall be sub-
ject to the following conditions: — First, That the provisions in regard
206 Acts, 1959. — Chap. 296.
to the nature of the lieeuse and the building in which the business
may be carried on under it shall be strictly adhered to. Second, That
every licensee shall before delivery of a hrcarm make or cause to be
made a true, legible entry in a sales record book to be furnished by
the commissioner of public safety and to be kept for that purpose,
specifying the complete descrii)tion of the tirearm, including the make,
number, type of firearm, type of ignition, if any, whether sold, rented
or leased, the date of such Scile, the sex, residence and occupation of
the purchaser, renter or lessee, and shall before delivery, as aforesaid,
require the purchaser, renter or lessee personally to write in said sales
record book his full name. The said book shall be open at all times
to the inspection of the police. Third, That the license or a copy
thereof, certified by the ofticial issuing the same, shall be displayed on
the premises in a position where it can easily be read. Fourth, That
no firearms or machine guns shall be displayed in any outer window
of said premises or in any other place where they can readily be seen
from the outside. Fifth, That the licensee shall, once a week, send a
copy of the record of sales, rentals and leases made by him for the
preceding seven days to the commissioner of public safety. Sixth,
That every firearm shall be unloaded wiien delivered. Seventh, That
no delivery of a firearm shall be made to any person not having a
license to carry said firearm, issued under the provisions of section
one hundred and thirty-one of this chapter, except that a dealer may
deliver, or cause to be delivered by any person so licensed to carry, a
firearm to the residence or place of business of the purchaser who does
not have said license to carry. Eighth, That no firearm shall be sold,
rented or leased to a person who has not a permit then in force to
purchase, rent or lease the same issued under section one hundred and
thirty-one A, except as provided for in section one hundred and
thirty-one E, and that no machine gun shall be sold, rented or leased
to a person who has not a license to possess the same issued under sec-
tion one hundred and thirty-one. Ninth, That upon the sale, rental
or lease of a firearm, the licensee under section one hundred and
twenty-two shall take up such permit to purchase, and shall endorse
upon it the date and place of said sale, rental or lease, and shall forth-
with transmit the same to the commissioner of jniblic safety; and that
upon the sale, rental or lease of a machine gun shall endorse upon the
license to possess the same the date and place of said sale, rental or
lease, and shall forthwith transmit a notice thereof to said commis-
sioner. In case of a sale under the provisions of section one hundred
and thirty-one E the dealer shall write in the sales record book the
number of the license to carry issued the purchaser under the pro-
visions of section one hundred and thirty-one. Tenth, That this license
shall be subject to forfeiture as provided in section one hundred and
twenty-five for breach of anj^ of its conditions, and that, if the licensee
hereunder is convicted of a violation of any such conditions, this
license shall thereupon become void. Eleventh, That the second, fifth,
eighth and ninth conditions shall not apply to a gunsmith, unless said
gunsmith has manufactured a firearm for the purchaser, but said
gunsmith shall keep records of the work done by him together with the
names and addresses of his customers. Such records shall be kept
Acts, 1959. — Chap. 29G. 2U7
open lor iusi)c'c*tiou by the police at all times. Twelfth, That any
licensee shall keep records of each sale, rental or lease of a rille or
shotgun, specifying the description of said rille or shotgun, togethci'
with the name and address of the purchaser, renter or lessee, and the
date of such transaction. No licensee shall sell any ritle or shotgun,
contrary to the provisions of section one hundred and thirty.
Section 5. Said chai)ter 140 is hereby further amended by strik-
ing out section 130, as most recently amended by section 13 of said
chapter G88, and inserting in place thereof the following section: — •
Section 130. Whoever sells or furnishes a firearm or machine gun or
ammunition therefor to an alien or to a minor, except to a minor who
displays a license issued to him under section one hundred and thirty-
one to carry firearms or to possess a machine gun and who has in his
possession the written consent of his parent or guardian that a firearm
or machine gun or ammunition therefor be sold or furnished to him,
or whoever sells or furnishes a rifle or shotgun or ammunition therefor
to an alien who does not hold a permit issued to him under section
fifty-one of chapter one hundred and thirty-one, or to a minor eighteen
years of age or over, except to such minor who displays a sporting or
hunting license issued to him and who has in his possession the written
consent of his parent or guardian that a rifle or shotgun or ammuni-
tion therefor be sold or furnished to him, or to a minor under eighteen
years of age, shall be punished by a fine of not less than one hundred
nor more than five hundred dollars. Nothing in this section shall be
construed as prohibiting a parent or guardian from furnishing his
child or ward with a rifle or shotgun or ammunition therefor, nor shall
it be construed as prohibiting an instructor from furnishing rifles or
shotguns or ammunition therefor to pupils provided that said instruc-
tor has the consent of the parent or guardian of the minor.
Section 6. Said chapter 140 is hereby further amended by strik-
ing out section 131, as most recently amended by section 15 of said
chapter 688, and inserting in place thereof the following section :—
Section 131. The chief of police or the board or officer having control
of the police in a city or town, or the commissioner of public safety,
or persons authorized by them, respectively, after an investigation,
may, upon the application of any person, including a minor eighteen
or over who has the written consent of his parent or guardian, residing
or having a place of business within their respective jurisdiction,
except an alien, a person who has been convicted of a felony or of the
unlawful use, possession or sale of narcotic or harmful drugs or a
minor under the age of eighteen, issue a license to such applicant to
carry firearms in the commonwealth or to possess therein a machine
gun, if it appears that he is a suitable person to be so licensed, and
that he has good reason to fear injury to his person or property, or
for any other proper purpose, including the carrying of firearms for
use in target practice only. Licenses shall be renewed according to
the following schedule:— a licensee whose date of birth occurs in an
even-numbered year shall be issued a license expiring on his date of
birth in the next even-numbered year ; a licensee whose date of birth
occurs in an odd-numbered year shall be issued a license expiring on
his date of birth in the next odd-num})ered year; any renewal thereof
208 Acts, 1959. — Chap. 296.
or subsequent original issue shall expire on the anniversary of the
applicant's date of birth occurring more than twelve months but not
more than twenty-four months after the effective date of such license ;
any license issued to an applicant born on February twenty-ninth, for
the purposes of this section, shall expire on March first. All such
licenses shall be revocable for cause at the will of the authority issuing
the same, who shall forthwith send w'ritten notice of such revocation
to the commissioner of public safety. Licenses shall be issued on
forms furnislied by said commissioner and shall contain blank spaces
for such information as the commissioner deems necessary for proper
identification of the licensee. The authority to whom such applica-
tion is made shall cause one copy of said applicant's fingerprints to be
forwarded to said commissioner, who shall within a reasonable time
advise in writing of the criminal record, if any, of the applicant. The
taking of fingerprints shall not be required in issuing the renewal
of a license, if the fingerprints of the applicant are on file with the
commissioner. The fee for such license shall be two dollars, and shall
be payable in a manner prescribed by the authority empowered to
issue such license and shall not be prorated or refunded in case of
revocation. Whoever, knowingly, issues a license in violation of this
section shall be punished by imprisonment for not less than six months
nor more than two years in a jail or house of correction. Notwith-
standing the provisions of this section, no license shall be required for
the possession or carrying of a firearm known as a detonator and
commonly used on motor vehicles as a signalling and marking device,
when carried or possessed for such signalling and marking puri)oses.
Section 7. Said chapter 140 is hereby further amended by strik-
ing out section 131A, as most recently amended by section 16 of said
chapter 688, and inserting in place thereof the following section : —
Section 131A. A licensing authority under section one hundred and
thirty-one, upon the application of a jiei-son qualified to be granted a
license thereunder by such authority, may grant to such a person,
other than a minor, a jiermit to ])urchase, rent or lease a firearm if it
appears that such purchase, rental or lease is for a proper purpose,
and may revoke such permit at will. Such permits shall be issued on
forms furnished by the commissioner of public safety, shall be valid
for not more than ten days after issue, and a copy of every such permit
so i.ssued shall within one week thereafter be sent to the said commis-
sioner. Whoever knowingly issues a permit in violation of this section
shall be punished by imprisonment for not less than six months nor
more than two years in a jail or house of correction.
Section 8. Said chapter 140 is hereby further amended by strik-
ing out section 131 F, inserted by section 20 of said chapter 688, and
inserting in place thereof the following section: — Section 131F. A
temporary license to carry firearms within the commonwealth may be
issued by the commissioner of ])ul)lic safety, or piM-sons authorized by
him, to a non-resident or an.y person not falling within the jurisdiction
of a local li('ensing anthority, i)T-()vi(le(l that no license shall be issued
to an alien, a person convicted of a felony, or convictetl of the unlawful
use, possession or sale of narcotic or harmful drugs. Such license
shall be valid for a ])eriod of one month, but the commissioner may
Acts, 1959. — Chap. 297. 209
roilow said licoiisc, if in liis (liscrctioii such reuowal is nocnssary. Tcin-
porary licenses issued under this section shall be marked "TcMnporary
License to earry Firearms," and shall not be used to purchase fire-
anus in the eomnionwealth as provided for in section one hundred and
thirty-one E. A license issned nnder the provisions of this section to
a non-resident -who is in the employ of a bank, public utility corpora-
tion, or a firm en<ra<j:ed in tln^ business of transferring monies, or
business of similar nature, or a firm lic(>nsed as a private detective
under the provisions of cha])1('r one hundred and forty-seven, and
whose application is endorsed l)y his emj)loyer, or who is a member of
the armed services and is stationed within the territorial boundaries
of the commonwealth and has the written consent of his commanding
officer, may be issued for any term not to exceed two years, and said
licenses shall expire in accordance with the provisions of section one
liundred and thirty-one.
Si:("riox 9. Cha])ter 20!) of the Cieneral T^aws is hereby amended by
striking out section T2A, inserted by chapter 26)] of the acts of 1951,
and inserting in place thereof the following section: — Section 12A.
Whoever sells to a minor under the age of eighteen or whoever, not
being the parent, guardian or adult teacher or instructor, furnishes to
a minor under the age of eighteen an air rifle or so-called BB gun, shall
be punished by a fine of not less than fifty nor more than two hundred
dollars or by imprisonment for not more than six months.
Approved May 11, 1959.
Chap. 297. An Act providinc! for the first assistant attorney
GENERAL TO SER^^ DURING CERTAIN VACANCIES IN THE
OFFICE OF THE ATTORNEY GENERAL.
Be a enacted, etc., as followa:
Section 1. Chapter ]2 of the General Laws is hereby amended by
striking out section 2, as most recently amended by section 2 of chapter
6-H of the acts of 1941, and inserting in place thereof the following
section : — Section 2. He shall appoint a first assistant attorney gen-
eral and may appoint such other assistants as the duties of the depart-
ment require and a chief clerk and, with the approval of the governor
and council, shall fix their compensation. He may, with the approval
of the governor and council, employ additional legal assistance. Ap-
pointments under this section, other than that of chief clerk, shall be
exempt from chapter thirty-one. Persons appointed as assistant attor-
neys general shall, in the event of a vacancy in the office of attorney
general continue in the office until an attorney general is duly qualified.
Section 2. Said chapter 12 is hereby further amended by insert-
ing after section 2 the following section : — Section 2 A. If the attor-
ney general is disabled from performing his official duties, the first
assistant attorney general shall perform the same during such dis-
ability. If the attorney general is disabled from performing his
official duties and the first assistant attorney general is also disabled,
the governor shall appoint one of the other assistant attorneys general
to perform the official duties of the attorney general during the dis-
210 Acts, 1959. — Chaps. 298, 299.
ability of the attorney general and the first assistant attorney general.
In the event of a vacancy in the office of attorney general, the first
assistant attorney general shall be continned in office and shall per-
form all statutory duties of the attorney general until an attorney
general is duly qualified. In the event that the first assistant attorney
general is disabled or is unable to fill the vacancy in the office of attor-
ney general, the governor shall appoint one of the other assistant
attorneys general to perform the statutory duties of the office during
the disability of the first assistant attorney general or until an attorney
general is duly qualified. The person upon whom such duties shall
devolve shall notwithstanding anything to the contrary herein con-
tained possess the powers and perform the duties of the attorney gen-
eral only in matters not admitting of delay, but shall have no power
to make appointments. Approved May 11, 195D.
Chap. 298. An Act placing the office of attorney general be-
fore THE OFFICES OF TREASURER AND AUDITOR ON BALLOTS
AND VOTING MACHINE LABELS USED AT STATE PRIMARIES
AND ELECTIONS.
Be it enacted, etc., as follows:
Section 43A of chapter 54 of the General Laws, inserted by section
1 of chapter 126 of the acts of 1957, is hereby amended by striking out
the first paragraph and inserting in place thereof the following para-
graph : — At state elections and primaries at which any of the following
offices are to be voted for, such ofiices shall appear on ballots and on
ballot labels on voting machines in the following order consecutively : —
Presidential elector, senator in congress, governor, lieutenant governor,
secretary of state, attorney general, treasurer and receiver general,
auditor, congressman, councillor, senator, and representative in the
general court; all other offices to be voted for shall immediately fol-
low said offices consecutively, in such order as the secretary of state
may determine ; and on ballots, and on ballot labels on voting machines
on whicli the names of the candidates of each political party are
arranged in a vertical row, questions to the voters shall follow all oC
said offices, in such order as the secretary of state may determine.
Approved May 11, 1959.
Chap. 299. An Act further regulating certain information re-
quired ON pay rolls of cities and towns.
Be it enacted, etc., as follows:
Chapter 41 of the General Laws is hereby amended by striking out
section 42, as appearing in the Tercentenary Edition, and inserting in
place thereof the following section: — Section 42. Every such pay
roll, bill or account shall contain the following information: First, full
name of each emploj'ce; second, title of office or position authorized by
the division of civil service wherever applicable, otherwise title author-
ized by appointing authority; third, salary, wages or other compensa-
tion; fourth, dates of employment. Approved May 11, 1959.
Acts, 1959. — Chaps. 300, 301, 302. 211
Chap. 300. An Act relative to subrogated automobile property
DAMAGE CLAIMS.
Be it enacted, etc., as follows:
Chapter 231 of the Goueral Laws is liereby auieiicled by inserting
after seetioii 85D the followinfr section : — Section 85E. In any action
to recover for dainag-c to a motor vehicle broiiglit in the name of a
person or persons holding a security interest in said motor vehicle,
any defense which would be available as against any registered owner
thereof shall be available as against the person or persons holding said
security interest. Approved May 11, 1959.
Chap. 301 . An Act increasing certain fees for medical examiners
AND ASSOCIATE MEDICAL EXAMINERS.
Be it enacted, etc., as follows:
Section 1. Section 5 of chapter 38 of the General Laws is hereby
amended by striking out the last sentence, as amended by section 3 of
chapter 632 of the acts of 1945, and inserting in place thereof the fol-
lowing sentence : — Medical examiners and associate medical examiners
in other counties shall receive fees as follows : For a view without an
autopsy, fifteen dollars ; for a view with an autopsy, thirty-five dollars ;
and for travel, ten cents a mile for each mile traveled in the investiga-
tion of a death ; for attendance as a witness at inquests or in criminal
cases in district courts and superior courts, thirty-five dollars for each
day of such attendance ; and for travel, ten cents a mile to and from
the place where such inquest or court trial is held.
Section 2. Section 16 of said chapter 38, as appearing in the Ter-
centenary Edition, is hereby amended by striking out, in line 3, the
word ' ' seven ' ' and inserting in place thereof the word : — ten.
Approved May 12, 1959.
Chap. 302. An Act relative to sales of copies of rules of the
COURTS.
Be it enacted, etc., as follows:
Section 1. Section 3A of chapter 213 of the General Laws, in-
serted by section 1 of chapter 654 of the acts of 1949, is hereby
amended by striking out the last sentence and inserting in place
thereof the following sentence: — Each such clerk shall in January
in each year pay into the state treasury all sums received from the
sale of such copies during the preceding year, and shall also in said
month report in writing to the chief justice the number of such copies
sold during the preceding year and the number remaining on hand
at the end thereof.
Section 2. This act shall take effect on February first, nineteen
hundred and sixty and the provisions of section three A of chapter
two hundred and thirteen of the General Laws, as amended by section
one of this act, shall apply to the sale of such copies on and after
January first, nineteen hundred and sixty. Approved May 12, 1959.
212 Acts, 1959. — Chaps. 303, 304.
Chap. 303. An Act increasing the appropriation relative to the
MOSQUITO CONTROL PROJECT IN BERKSHIRE COUNTY.
Be it enacted, etc., as follows:
Chapter 456 of the acts of 1945 is hereby amended by striking out
section 1, as amended by section 1 of chapter 734 of the acts of 1950,
and inserting in place thereof the following section: — Section 1. The
area included in the cities and towns comprising the county of Berk-
shire 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 by the state reclamation board
acting under said section five A, and the improvements herein author-
ized shall be undertaken under the identifying name of the Berkshire
County Mosquito Control Project. Beginning with the fiscal year
commencing on July first, nineteen hundred and fifty-nine, 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 forty cents on each one thousand dollars of the taxable
valuations of all such cities and towns, and the state treasurer shall
issue his warrant requiring the assessors of such cities and towns to
assess a tax to the amount of the sums so expended in proportion to
their said valuations, 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.
Approved May 12. 1959.
Chap. 304. An Act imposing a penalty for prostitution.
Be it enacted, etc., as follows:
Section 1. Chapter 272 of the General Laws is hereby amended
by striking out section 53, as most recently amended by section 21 of
chapter 715 of the acts of 1956, and inserting in place thereof the fol-
lowing section :— Section 53. Stubborn children, runaways, common
night walkers, both male and female, common railers and brawlers,
persons who with offensive and disorderly act or language accost or
annoy persons of the opposite sex, lewd, wanton and lascivious persons
in speech or behavior, idle and disorderly persons, prostitutes, dis-
turbers of the peace, keepers of noisy and disorderly houses and per-
sons guilty of indecent exposure may be punished by imprisonment
in a jail or house of correction for not more than six months, or by a
fine of not more than two hundred dollars, or l\y both such fine and
imprisonment.
Section 2. The schedule of forms and pleadings at the end of
chapter 277 of the General Laws is hereby amended by inserting after
the form of complaint or indictment for ''Open and fjross lewdness"
the following form : —
Acts, 19f)9. — Ohaps. rJOf), ?m, ?>01. 213
rrtistitutc. (I'lulor ('hap. L*72, §r)3.) — That A. Li. a rciuah', was a
jirostitule otri'riuij: hi'i- body to iiidiscriiuinate iiitercourse witli men Tor
hire. Approved May 12, 1959.
Chap. 305. An Act providing for payment op death benefits to
MEMBERS OF THE FITCIIBURG POLICE RELIEF ASSOCIATION
UPON THEIR RETIREMENT FROM THE POLICE DEPARTMENT
OF THE CITY OF FITCHBrRG.
Be it (luicted, <te., as folloics:
Any uK'iiiber of the Fitchbury; Police Relief Association who ceases
to be a member of the h'itcliburg police department shall thereupon
cease to be a member of said association, and shall no longer be en-
titled to any benefits therefrom ; provided, however, that any member
of said association who ceases to be a member of said department by
reason of being retired shall, Avithin 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. Approved May 12, 1959.
Chap. 306. An xVct providing that circuit drive in the city of
BOSTON BE KNOWN AND DESIGNATED AS JEWISH WAR VET-
ERANS DRIVE.
Be it enacted, etc., as follows:
The road in Franklin Park in the city of Boston now known as Cir-
cuit drive shall hereafter be known and designated as Jewish War
A'eterans drive. Suitable markers bearing said designation shall be
erected along said road by the city of Boston.
Approved May 12, 1959.
Chap. 307. An Act increasing bail fees in certain cases.
Be it enacted, etc., as follows:
Chapter 262 of the General Laws is hereby amended by striking out
section 24, as most recently amended by chapter 244 of the acts of
1955, and inserting in place thereof the following section : — Section
24. The maximum fee to be charged by any ])erson authorized to take
bail in the case of a person arrested for any misdemeanor shall be three
dollars, except that when an arrest is made and bail taken between
the hours of twelve midnight and six o'clock in the morning the maxi-
mum fee shall be seven dollars for the first charge and five dollars for
each additional charge. Approved May 12, 1959.
214 Acts, 1959. — Chaps. 308, 309.
Chap. 308. An Act authorizing the state board of education to
INCLUDE PRIVATE SECONDARY SCHOOLS IN THE STATE PLAN
TO BE SUBMITTED IN ACCORDANCE WITH THE PROVISIONS OF
THE NATIONAL DEFENSE EDUCATION ACT OF 1958, AND TO
DISBURSE CERTAIN FEDERAL FUNDS RECEIVED UNDER SAID
ACT TO SAID PRIVATE SECONDARY SCHOOLS.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is, in part, to authorize forthwith the state board
of education to disburse certain federal funds received under the
National Defense Education Act of 1958 to private secondary schools,
and to include said schools in a state program in connection with said
act, 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:
Chapter 664 of the acts of 1958 is hereby amended by adding at the
end the following two paragraphs :— The state board of education is
hereby authorized to include in any plan filed with the United States
Commissioner of Education pursuant to Section 503 of said National
Defense Education Act, appropriate provisions for the testing of stu-
dents in private schools and private school systems, to be conducted
in compliance with the requirements of the said National Defense
Education Act.
The state board of education is also authorized to make payments
from federal funds received under Part A of Title V of said National
Defense Education Act to private secondary schools and to private
secondary school systems to cover the cost of testing students in such
schools or school systems in order to identify students with outstanding
aptitudes and ability, in accordance with and to the extent permitted
by said Section 503 of said National Defense Education Act.
Approved May 18, 1959.
Chap. 309. An Act authorizing the town of Lexington to appro-
priate AND pay a certain SUM OF MONEY TO MARK MOORE,
JR., AS TRUSTEE OF MOORE REALTY TRUST.
Be it enacted, etc., as follows:
Section 1. The town of Lexington is hereby authorized to appro-
priate and pay to Mark Moore, Jr., as Trustee of Moore Realty Trust,
the sum of five thousand dollars to reimburse him for the excess
money expended by him as said trustee in constructing a box culvert
in Emerson road to a more than normal length, as required b}^ the
town planning board in its approval of a subdivision plan entitled
"Burnham Farms Section Two Lexington - Mass.", so as to be of
adequate length if the town should decide to widen the pavement of
said road to make it a major traffic road.
Section 2. The action taken by said town at its annual town meet-
ing on March sixteenth in the current year, subject to the authority
contained in section one of this act, is hereby validated and confirmed
Acts, 1959. — Chap. 310. 215
and shall have the same effect as though this act were in full force
aud effect ou the date of the posting of the warrant for said meeting.
Section 3. This act shall take effect upon its passage.
Approved May 18, 1959.
Chap. 310. An Act making appropkiations for the maintenance
OF DUKES COUNTY, ITS DEPARTMENTS, BOARDS, COMMISSIONS
AND INSTITUTIONS, OF SUNDRY OTHER SERVICES, FOR CER-
TAIN PERMANENT IMPROVEMENTS, FOR INTEREST AND DEBT
REQUIREMENTS, AND TO MEET CERTAIN REQUIREMENTS OF
LAW AND GRANTING A COUNTY TAX FOR SAID COUNTY.
Whereas, The deferred operation of this act would result in unnec-
essarily extending the period during which county expenditures would
be made in anticipation of appropriation, therefore it is hereby de-
clared to be an emergency law, necessary for the immediate preserva-
tion of the public convenience.
Be it enacteel, etc., as follows:
Section 1. To provide for the maintenance of Dukes county, its
departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several purposes and subject to the conditions specified
in section two are hereby appropriated, subject to the provisions of
law regulating the disbursement of county funds and the approval
thereof for the year nineteen hundred and fifty-nine: —
Dukes County.
Item
1. For interest on county debt $9,480 00
2. For reduction of county debt 26,000 00
3. For county commissioners, salaries and expenses . . 5,349 33
4. For transportation and expenses of county and act-
ing commissioners 500 00
5. For clerk of courts, salaries and expenses 7,600 00
6. For county treasurer, salaries and expenses 4,026 50
7. For sheriff, salary and expenses 3,635 00
8. For registrj' of deeds, salaries and expenses 15.255 00
8a. For registry of probate, salaries and expenses .... 3,200 00
9. For law library, salaries and expenses 750 00
10. For highways, including state highways, bridges
and land damages 24,500 00
12. For criminal costs in superior court 5,010 89
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors, mas-
ters and referees 1,000 00
14. For district courts, salaries and expenses 16,786 91
15. For medical examiners and commitments of insane 500 00
16. For jail and house of correction, maintenance and
operation 10,905 00
216 Acts, 1959. — Chap. 310.
Item
18. For court house aud rcgiistry building, maintenance
and operation $6,535 75
20. For agricultural school or county aid to agricul-
ture, maintenance and operation 14,44:9 08
21. For state reservation, maintenance and operation,
(Jay Head 1,000 00
21a. For state reservation, maintenance and operation,
Indian Burial Ground 400 00
25. For contributory retirement .system and supervi-
soiy expenses 3,786 52
26. For miscellaneous and contingent expenses 7,063 56
27. For unpaid bills of previous years 2,000 00
28. For reserve fund "^ 3,000 00
29. For advertising recreational advantages of the
county 20,000 00
30. For county rodent control 6,150 00
31. For county airport, maintenance and oi)erat ion ... 39,398 46
32. For woodtick control 1,250 00
34. For Dukes County soil conservation district 250 00
39. For group insurance 3,500 00
Total Amount of Appropriations $243,282 00
Less Estimated amount avaihibU' for Jleduction of
County Tax 49,971 94
And the county commissioners of Dukes County are
hereby authorized to levy as the county tax of
said county for the current year, in the manner
provided b}" law, the sum of $193,310 06
Section 2. Sums appropriated in section one are based upon de-
tailed schedules approved by the joint committee on counties, copies
of which are deposited with the director of accounts.
Said director shall file with the county commissioners and the
county treasurer of Dukes county a certification of the amounts above
appropriated as set forth in the approved schetlules for said county.
Except as provided b}^ this act or except as otherwise provided by
law, no liability may l)e incurred and no expenditure shall be made in
excess of the amount available in an existing appropriation for a
function, a main group, a class or a sub-class.
Transfers within an approjiriation from a maiii group to another
main group may be made upon written request of the authorized of-
ficial of the organi/ation unit with the wi-itten apju'oval of said county
commissioners, and copies of said request and approval shall be filed
with the county treasurer; provided, however, that no transfer shall
be made from the main groups "personal services" or "equijiment"
to another main group nor shall any transfer be made fi-om any other
nuiin group into the main groups "persoiud services" or "equipment".
Transfers within an a])projiriation between classes and between
.sub-classes within a main group may be made by the authorized ofTficial
of tlie organization unit \\"lien(n'ei' in his opinion public necessity and
Acts, 1959. — Chap. ?»10. 217
('(.mveniciUH' so i iMiiiici's : piovidcd, liow cxrr, that no traiislV'r shull be
made Avithin the elass/s of tlie main .Ltfoiips "personal serviees" or
"equipment ".
Amounts inchhh'd for permanent jxisilions in snms appropriated
in section one for personal sci-viccs aic hascd n|)on seliedulcs of ])er-
manent i)ositions ami salai-y rales as appr-ovcd by the joint committee
on counties, and, excei)t as otherwise shown by the files of said com-
mittee, a copy of which sliall be deposited with the (tonnty personnel
board, no ])art of sums so appropi-ialed in section one shall be avail-
able for payment of salaries of any additional permanent ])ositions, or
for jiayments on account of reallocations of permanent jiositions, or
for payments on account of any chaniic ol' salary range or compensa-
tion of any permanent positions, notwithstanding any special or gen-
eral act to the conti-ary.
iMoneys api)ro])riated iinder this act for the ])urchase of equipment
shall be expended for the pur])oses specified in the scliedules as ap-
proved by the joint committee on counties and foi' no other purpose.
Xo direct drafts against the account known as the reserve fund
shall be made, but transfers fr-om this account to other accounts may
be made to meet extraordinary or unforeseen expenditures upon the
request of the county commissioners with the approval of the director
of accounts.
Section 3. No expense incurred for raid-day meals by county of-
ficers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
t)oai'ding and housing, and those county officers and employees who
are stationed beyond commuting distance from their homes for a
period of more than twenty- four hours, shall be allowed by any county;
jirovided. that oiificers or employees who have charge of juries or who
have the care and custody of prisoners, insane persons or other per-
sons placed in their charge by a court or under legal proceedings for
transfer to or from coui-f to an institution or from institution to insti-
tution and pei'sons certified by a district attorney as engaged in inves-
tigation shall be reimbursed for the expense of mid-day meals when
necessarily engaged on such duty : and provided, further, that county
oflficers and employees in attendance at meetings and conferences
called by or for any group or class on a state'wide basis shall be so
reimbursed.
Xo moneys approju-iated under this act shall be ex]iended by county
officers or employees for telephone service furnished to such officers or
employees at places other than regular county of^ces.
Section 4. The allowance to county officers and employees for
expenses incurred by them in the operation of motor vehicles owned
bv them or by any member of their immediate families and used in
the performance of their official duties shall not exceed eicrht cents a
mile, except in cases where a higher allowance is specifically provided
bv statute ; provided, that in the case of commitments of the insane
the justice of the court ordering the commitment may order a higher
rate. No exi)enditures shall be made for travel outside the connnon-
wealth for attendance at conferences or conventions.
Section 5. Any provision of general or special law to the con-
trary notwithstanding, any county officer or employee whose salary
218 Acts, 1959. — Chap. 311.
rate on July first, nineteen hundred and fiftj^-seven, was limited to an
increase in rate of one thousand dollars shall receive an increase in
sahiry rate of not more than one step in his salar}'' grade, effective on
his anniversary date or on July first, nineteen hundred and fifty-nine,
in accordance with approved list filed with the county personnel board
by the joint committee on counties. Approved May 18, 1959.
Chap. 311. An Act making appropriations for the maintenance
OF NORFOLK COUNTY, ITS DEPARTMENTS, BOARDS, COMMIS-
SIONS AND INSTITUTIONS, OF SUNDRY OTHER SERVICES, FOR
CERTAIN PERMANENT IMPROVEMENTS, FOR INTEREST AND
DEBT REQUIREMENTS, AND TO MEET CERTAIN REQUIREMENTS
OP LAW AND GRANTING A COUNTY TAX FOR SAID COUNTY.
Whereas, The deferred operation of this act would result in unnec-
essarily extending the period during which county expenditures would
be made in anticipation of appropriation, therefore it is hereby de-
clared to be an emergency law, necessary for the immediate preserva-
tion of the public convenience.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of Norfolk county, its
departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several purposes and subject to the conditions specified
in section two are hereby appropriated, subject to the provisions of lav/
regulating the disbursement of county funds and the approval thereof
for the year nineteen hundred and fifty-nine : —
Norfolk County.
Item
1. For interest on county debt $10,762 50
2. For reduction of county debt 50,000 00
3. For county commissioners, salaries and expenses 23,287 00
4. For transportation and expenses of county and
acting commissioners 645 00
5. For clerk of courts, salaries and expenses 65,120 42
G. For county treasurer, salaries and expensi^s .... 33,330 00
7. For sheriff, salary and expenses 9,050 00
8. For registry of deeds, salaries and expenses .... 323,975 49
8a. For registry of probate, salaries and expenses . . 24,575 00
9. For law library, salaries and expenses 6,971 90
10. For highways, including state highways, bridges
and land damages ....." 447,801 23
12. For criminal costs in superior court 133,483 31
13. For civil expenses in supreme judicial, superior,
l)robate and land courts, including auditors,
masters and referees 180.600 00
14. For district courts, salaries and expen.ses 519,721 07
15. For medical examiners and commitments of in-
sane 34,500 00
Acts, 1959. — Chap. 311. 219
If 0111
m. For jail and house ol' eojToction, maintoiiaiice and
operation $226,230 34
1 7. For training school 55, (KM) 00
IS. For court houses and registry buildings, mainte-
nance and operation 203,014 67
19. For construction of county buildings and/or pur-
chase of land 25,000 00
20. For agricultural school or county aid to agricul-
ture, maintenance and operation 420,977 83
24. For non-contributory pensions 20,000 00
25. For contributory retirement system and supervi-
sory expenses 59,212 27
26. For miscellaneous and contingent expenses 11,292 39
27. For unpaid bills of previous years 7,800 00
28. For reserve fund 20,000 00
30. For forest fire patrol 3,500 00
39. For group insurance 25,000 00
Total Amount of Appropriations $2,947,450 42
Less Estimated amount available for Reduction of
County Tax 925,098 98
And the county commissioners of Norfolk County
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the sum of $2,022,351 44
Section 2. Sums appropriated in section one are based upon de-
tailed schedules approved by the joint committee on counties, copies
of which are deposited with the director of accounts.
Said director shall file with the county commissioners and the
county treasurer of Norfolk county a certification of the amounts above
appropriated as set forth in the approved schedules for said county.
Except as provided by this act or except as otherwise provided by
law, no liability may be incurred and no expenditure shall be made in
excess of the amount available in an existing appropriation for a
function, a main group, a class or a sub-class.
Transfers within an appropriation from a main group to another
main group may be made upon written request of the authorized of-
ficial of the organization unit with the written approval of said county
commissioners, and copies of said request and approval shall be filed
with the county treasurer; provided, however, that no transfer shall
be made from the main groups "personal services" or "equipment"
to another main group nor shall any transfer be made from any other
main group into the main groups "personal services" or "equipment".
Transfers within an appropriation between classes and between
sub-classes within a main group may be made by the authorized official
of the organization unit whenever in his opinion public necessity and
convenience so requires; provided, however, that no transfer shall be
made within the classes of the main groups "personal services" or
"equipment".
220 Acts, 1959. — Chap. 311.
Amounts included for permanent positions in sums appropriated
in section one for personal services are based upon schedules of per-
manent positions aud salary rates as approved by the joint committee
on counties, and, except as otherwise shown by the files of said com-
mittee, a copy of which shall be deposited with the county personnel
board, no part of sums so api)ropriated in section one shall be avail-
able for payment of salaries of any additional permanent positions, or
for paynKMits on account of reallocations of permanent positions, or
for paymeiits on account of any change of salary range or compensa-
tion of any permanent i)osilions, notwithstanding any special or gen-
eral act to the contrary.
Moneys appropriated under this act for the purcliase of equipment
shall be expended for the purposes specified in the schedules as ap-
proved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund
shall be made, but transfers from this account to other accounts may
be made to meet extraordinary or unforeseen expenditures upon the
request of the county commissioners with the approval of the director
of accounts.
Section 3. No expense incurred for mid-day meals by county of-
ficers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
boarding and housing, and those county officers and employees who
are stationed beyond commuting distance from their homes for a
period of more than twentj^-four hours, shall be allowed by any county;
provided, that officers or employees who have charge of juries or who
have the care and custody of prisoners, insane persons or other per-
sons placed in their charge by a court or under legal proceedings for
transfer to or from court to an institution or from institution to insti-
tution and persons certified by a disti'ict attorney as engaged in inves-
tigation shall be reimbursed for the expense of mid-day meals when
necessarily engaged on such duty ; and provided, further, that county
officers and employees in attendance at meetings and conferences
called by or for any group or class on a statewide basis shall be so
reimbursed.
No moneys ajipropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers or
employees at places other than regular county offices.
Section 4. The allowance to county officers and em]tloyees for
expenses incurred by them in the operation of motor vehicles owned
by them or by any member of their immediate families and used in
the performance of their official duties shall not exceed eight cents a
mile, except in cases where a higher allowance is specifically provided
by statute ; provided, that in the case of commitments of the insane
the justice of the court ordei-ing the commitment may order a higher
rate. No expenditures sball be made for travel outside the common-
wealth for attendance at conferences or conventions.
Section 5. Any provision of general or special law to the con-
trary notwithstanding, any county officer or employee whose salary
rate on July first, nineteen hundred and fifty-seven, Avas limited to an
increase in rate of one thousand dollars shall receive an increase in
Acts, 1959. — Chaps. 312, 313. 221
salary rate of not nioro tlian one stoj) in liis salary <^rade, olTective on
his annivorsary date or on July first, ninet(HMi hundred and fifty-nine,
in accordance with approved list filed witli the count.y personnel board
by the joint committee on counties. Approved May 18, 1959.
Chap. 312. An Act relative to the eximkation dates and renewal
FEES OF electricians ' LICENSES.
^yh(r(^s:, Tlie deferred operation of this act would tend to defeat
its purpose, which is in part to provide forthwith electricians' licenses,
wliich expire annually on July thirty-first, be renewable for a two-
year period and in i)art to regulate the amount to be paid upon the
expiration date of such license for a rencAval, therefore it is hereby
declared to be an emergencj' law, necessary for the immediate preser-
vation of the public welfare and convenience.
Be it enacted, etc., as follows:
Section 1. Section 3 of chapter 141 of the General Laws is hereby
amended by striking out clause (4), as amended by section 1 of chap-
ter 347 of the acts of 1934, and inserting in place thereof the following
clause : —
(4) Each "Certificate A" shall expire on July thirty-first in each
odd numbered year, but may be renewed by the same person, or the
same firm or corporation acting by one or more of its members or
officers, Avithout further examination, upon payment of a fee of thirty
dollars, application therefor being made during said month or, in
case of absence, sickness or other disability of the holder, at such time
thereafter as the examiners may permit.
Section 2. Said section 3 of said chapter 141 is hereby further
amended by striking out clause (5), as amended bj^ section 2 of chap-
ter 190 of the acts of 1954, and inserting in place thereof the follow-
ing clause : —
(5) Each "Certificate B" shall expire on July thirty-first in each
odd numbered year, but may l)e renewed upon payment of a fee of five
dollars, and upon the same conditions set forth in clause (4).
Approved May 18, 19.^9.
Chap. 313. An Act making certain corrective changes in the
GENERAT; LAWS BV STRIKING OUT REFERENCES TO THE OFFICE
OF TRIAL JUSTICE.
Be it enacted, etc., as follows:
Section 1. Section 40 of chapter 138 of the General Laws, as ap-
pearing in section 2 of chapter 376 of the acts of 1933, is hereby
amended by striking out, in line 1, the words "or trial justice".
Section 2. The first paragraph of section 42 of said chapter 138,
as so appearing, is hereby amended by striking out, in line 2, and in
lines 20 and 21, the words "or trial justice".
Section 3. Section 47 of said chapter 138. as so appearing, is
hereby amended by striking out, in line 1, the Avords "or trial jus-
222 Acts, 1959. — Chap. 313.
tice", — by striking out, in lines 5 and G, the words "or by the trial
justice,", — and by striliing out, in lines [) and lU, the words "or trial
justice".
iSECTiON 4. Section 50 of said chapter 138, as so appearing, is
hereby amended by striking out, in lines 8, 14 and 21, in each instance,
the words "or trial justice".
Section 5. Section 51 of said chapter 138, as so appearing, is
hereby amended by striking out, in lines 2 and 3, the words "or trial
justice", — and by striking out, in lines 4 and 5, and in line 15, the
words "or justice".
Section 6. Section 52 of said chapter 138, as so appearing, is
hereby amended by striking out, in line 3, and in lines 9 and 10, the
words "or trial justice".
Section 7. Section 53 of said chapter 138, as so appearing, is
hereby amended by striking out, in lines 4 and 5, the ^vords "or trial
justice", — and by striking out, in line 11, the words "or justice".
Section 8. Section 54 of said chapter 138, as so appearing, is
hereby amended by striking out, in line 10, the words "or trial
justice".
Section 9. Section 9 of chapter 272 of the General Laws, as ap-
pearing in the Tercentenary Edition, is hereby amended by striking
out, in lines 1 and 2, 7, 14, 15, and 16, in each instance, the words "or
trial justice".
Section 10. Said chapter 272 is hereby further amended by strik-
ing out section 45, as most recently amended by chapter 409 of the
acts of 1947, and inserting in place thereof the following section : —
Section 45. Whoever arrests a person for drunkenness shall make a
complaint against him therefor at the next session of the court having
jurisdiction of the case; and such court may proceed to hear and to
dispose of the same according to due course of law; and may, if the
accused has been released under this section, order the issuance of a
warrant for the arrest, or a summons for the appearance, of the ac-
cused for trial, or if the court is satisfied by the report of its probation
officer, or otherwise, the court may thereupon direct that the accused,
if still in custody, be released without arraignment; and if not in
custody, that further proceedings in the case be suspended or that the
complaint be dismissed.
A person so arrested may, after he has recovered from his intoxica-
tion, make a written statement, addressed to the court having jurisdic-
tion of his offence, giving his name and address, setting forth what
persons, if any, are dependent upon him for support, his place of
employment, if any, and whether he has been arrested for drunkenness
within the twelve months next preceding, and requesting to be re-
leased from custody; and may deliver said statement to the officer in
charge of the place in which he is confined, who shall endorse thereon
the name of the arresting officer, and shall transmit such statement to
a i)rol)ali()n officer of said court. Said probation officer, or his as-
sistants, shall forthwith inquire into the truth tlu'rcof and shall inves-
tigate the record of said person as to previous similar ofi'cnces, and,
for the use of the court having jurisdiction of the case, shall endorse
on such statement, with his signature, the result of his investigation.
The officer for the time being in charge of the place of custody in a
Acts, 1959. — Chap. 313. 223
town where uo probation officer resides forthwith may release, and
elsewhere the jjrobatiou officer or assistant probation officer of the
court havint; jurisdiction of the otfence may direct the officer in charge
of the phice of custody fortliwith to rek^ase, and sucli officer so in
charge shall thereupon release, such arrested person pursuant to his
request; provided, that the officer so releasing or directing the release
believes that the person arrested has given his true name and address,
that he will appear upon a summons, and that he has not four times
before been arrested for drunkenness within the preceding twelve
months.
!Section 11. Section 47 of said chapter 272, as appearing in the
Tercentenary Edition, is hereby amended by striking out, in line 1,
the words "or trial justice".
Section 12. Section 67 of said chapter 272, as so appearing, is
hereby amended by striking out, in line 4, the words "or trial justice".
Section 13. Section 69 of said chapter 272, as so appearing, is
hereby amended by striking out, in line 4, the words "or trial justice".
Section 14. Section 90 of said chapter 272, as so appearing, is
hereby amended by striking out, in lines 4 and 5, the words "or a
trial justice".
Section 15. Section 91 of said chapter 272, as so appearing, is
hereby amended by striking out, in lines 2 and 3, the words "or a
trial justice", and by striking out, in lines 5 and 10, in each instance,
the words "justice or".
Section 16. Section 4 of chapter 273 of the General Laws, as so
appearing, is hereby amended by striking out, in line 1, the words
", or a trial justice", — by striking out, in line 2, the words "or trial
justice", — and by striking out, in line 10, the words ", or by a trial
justice ' '.
Section 17. Section 1 of chapter 275 of the General Laws, as so
appearing, is hereby amended by striking out, in line 2, the words
", of district courts and trial justices" and inserting in place thereof
the words : — and of district courts.
Section 18. Section 8 of said chapter 275, as so appearing, is
liereby amended by striking out, in line 2, the words "or trial justice".
Section 19. Section 2 of chapter 276 of the General Laws, as so
appearing, is hereby amended by striking out, in line 8, the words "or
li-ial justice".
Section 20. Section 8 of said chapter 276, as so appearing, is
hereby amended by striking out, in line 2, the words "or trial justice".
Section 21. Section 22 of said chapter 276, as so a])pearing, is
hereby amended by striking out, in line 8, the words "or trial justice".
Section 22. Section 34 of said chapter 276, as so appearing, is
hereby amended by striking out, in lines 2 and 3, the words "or trial
justice".
Section 23. Section 37A of said chapter 276, inserted by section
43 of chapter 180 of the acts of 1932, is hereby amended by striking
out, in lines 2 and 3, the words "or trial justice", — by striking out, in
lini'S 7 and 10, in each instance, the words "or by the trial jtistice", —
and by striking out, in line 14, the M^ords ", or before the trial
justice,".
224 Acts, 1959. — Chaps. 314, 315.
Section 24. Section 44 of said chapter 27G, as appearing in the
Tercentenary Edition, is hereby amended by striking out, in line 4,
the words "or before the trial justice".
Section 25. Section Gl of said chapter 27(), as so appearing, is
hereby amended b}^ striking out, in line 26, the words "or trial jus-
tice", — and by striking out, in line 27, the words "or whom".
Section 26. Section 79 of said chapter 276, as so appearing, is
hereb}'' amended by striking out, in line 5, the words "or trial jus-
tice", — by striking out, in line 9, and in lines 11 and 12, in each in-
stance, the words ", trial justice", — and by striking out, in lines 13
and 14, the words "or with the trial justice before whom such person
was recognized to appear".
Section 27. Section 80 of said chapter 276, as so appearing, is
hereby amended by striking out, in line 2, the words "or trial jus-
tice" and by striking out, in lines 5 and 6, the words ", or trial
justice,". Approved May 18, 1959.
Chap. 314. An Act authorizing the waltham police relief asso-
ciation TO PAY CERTAIN BENEFITS TO CERTAIN RETIRED
MEMBERS OF THE WALTHAM POLICE DEPARTMENT.
Be it enacted, etc., as follows:
Section 1. The Waltham Police Relief Association, a corporation
duly organized under the laws of the commonwealth, is hereby author-
ized, upon the retirement of any member in good standing from the
police department of the city of Waltham, to pay such member such
sum, not exceeding five hundred dollars, as may be determined by vote
of the board of directors of said corporation. Said association is
hereby further authorized to pay to a member upon the death of his
wife such sum, not exceeding five hundred dollars, as may be deter-
mined by said board.
Section 2. The Waltham Police Relief Association is hereby fur-
ther authorized to pay to Thomas Henry, Thomas McKeown and
Bernard Clare, former members of said association and retired mem-
bers of the Waltham police department, such sum, not exceeding five
hundred dollars each, as may be determined by vote of its board of
directors. Approved May 18, 19.59.
Chap. 315. An Act establishing penalties for persons who aid,
assist or advise in the preparation of fraudulent in-
come TAX returns, and FOR CERTAIN PERSONS WHO FAIL
TO PAY CERTAIN MONEY TO THE TAX COMMISSIONER.
Be it enacted, etc., as follows:
Section 56 of chai)ter ()2 of the General Laws, as most recently
amended by section 2 of chapter 539 of the acts of 1955, is hereby
further amended by adding at the end the following two paragraphs : —
Any person who wilfully aids or assists in, procures, counsels or ad-
vises the preparation or filing of a return, application or other docu-
ment under, oi- in connection with anv matter arising under, tliis
Acts, 1959. — Chap. 316. 225
chapter, wliii'li is I'raiuliiloiit and known by liini to be fraudulent,
whether or not sneh fraud is witli the knowledge or consent of the per-
son required to fih^ such return, application or document, sliall be
punislunl as provided in tliis section.
Any person who, in coiuiection with the preparation of a tax return
for anolhei", receives money from such other person to be paid to the
commissioner to disehai-ge in whole or in part such other person's
liability under this chapter and fails to pay the same to the commis-
sioner, shall he punished as provided in this section.
Approved May 18, 1959.
Chap. 316. An Act REQUutma a contractor making an excavation
IN A PUBLIC WAY TO GIVE NOTICE THEREOF TO PUBLIC
UTILITY COMPANIES.
Be it enacted, etc., as follows:
Chapter 82 of the General Laws is hereby amended by inserting
after section 39 the following section : — Section 40. No person, other
than a direct employee of the commonwealth or any political subdivi-
sion thereof or of a public utility company, as defined in section three
of chapter twenty-five, shall, except in an emergencj^, make an excava-
tion in a public way unless at least forty-eight hours, exclusive of
Saturdays, Sundays and legal holidays, before the proposed excavation
is to be made, he has given notice in writing of the proposed excavation
to natural gas pipe line companies and to such public utility companies
as supply gas, electricity, water or telephone service in the city or tovsm
in which such way is located. Such notice shall set forth the name of
the street, or route number of the way, and a reasonably accurate
description of the location in which the excavation is to be made. If,
because of an emergency, such notice cannot be given as aforesaid, it
shall be given as soon as may be practicable.
Where an excavation is to be made by a contractor as part of the
work required by a contract with the commonwealth or with any
7)olitical subdivision thereof or other public agency, for the construc-
tion, reconstruction, relocation or improvement of a public way or for
the installation of a railway track, conduit, sewer or water main, such
contractor shall be deemed to have complied with the requirements of
this section by giving one such notice setting forth the location and
approximate length of the project to each of said companies.
Proper return notice shall be made by said companies designating
the location, if any, of pipes or conduits in that portion of the public
way in which such excavation is to be made. Any such excavation
shall be performed in such manner, and such reasonable precautions
taken, as to avoid damage to the pipes or conduits in use under the
surface of said way.
Any person failing to give the notification required by the first para-
graph of this section shall be punished by a fine of not more than fifty
dollars.
Nothing contained in this section shall be construed to affect or
impair local ordinances or by-laws requiring permits to be obtained
before excavating in a public way. Approved May 18, 1959.
226 Acts, 1959. — Chap. 317.
Chap. 317. An Act relative to the publication of notices op cer-
tain HEARINGS UNDER THE ZONING ENABLING ACT.
Be it enacted, etc., as follows:
Section 1. Chapter 40 A of the General Laws is hereby amended
by striking out section 6, as most recently amended by chapter 137 of
the acts of 1957, and inserting in place thereof the following section : —
Section 6. Zoning ordinances or by-laws may be adopted and from
time to time be changed by amendment, addition or repeal, but only
in the manner hereinafter provided. No zoning ordinance or by-law
originalh^ establishing the boundaries of the districts or the regula-
tions and restrictions to be enforced therein, and no such ordinance
or by-law changing the same as aforesaid, shall be adopted until after
the planning board, if any, or, in a town having no such board, the
board of selectmen, has held a public hearing thereon, first causing
notice of the time and place of such hearing to be published in a news-
paper of general circulation in the city or town once in each of two
successive weeks, the first publication being not less than twenty-one
daj's before the day of such hearing or if there is no such newspaper
in such city or town then by posting such notice in a conspicuous place
in the city or town hall for a period of not less than twenty-one days
before the day of such hearing, and has submitted a final report with
recommendations to the city council or town meeting, or until twenty
days shall have elapsed after such hearing witliout the submission of
such report ; proA'ided, that, in case of a proposed ordinance or b.y-law
originally establishing the boundaries of the districts or the regula-
tions and restrictions to be enforced therein, it shall be sufficient if a
public hearing is held and a final report with recommendations is
submitted by a zoning board appointed for the purpose by the city
council or selectmen or twenty days elapse after such hearing without
such report being submitted. In a city no such ordinance as proposed
to be originally established or changed as aforesaid shall be adopted
until after the city council or a committee designated or appointed
for the purpose by it has held a public hearing thereon, at which all
interested persons shall be given an opportunity to be heard. Notice
of the time and place of such hearing before the city council or com-
mittee thereof shall be published in a newspaper of general circulation
in the city once in each of two successive weeks, the first ]>ublication
to be not less than twenty-one days before the day of the liearing or if
there is no such newspaper in such city then by ])()sting such notice in
a conspicuous place in the city hall for a period of not less than
twenty-one days before the day of such hearing. After such notice,
hearings and report, or lapse of time without report, a city council
or town meeting may adopt, reject, or amend and adopt any such
proposed ordinance or by-law.
Section 2. Said cha])ter 40A is hereby further amended by strik-
ing out section 17, as appearing in section 2 of chapter 368 of the
acts of 1954, and inserting in place thereof the following section: —
Section 17. The board of ap])eals shall fix a reasonable time for the
hearing of any appeal or other matter referred to it or any petition
for a variance, and shall cau.se the notice of the time and place of
such hearing thereof to be published in a newspa])er of general circu-
lation in tile city or town once in each of two successive weeks, the
Acts, 1959. — Chaps. 318, 319, 320. 227
first publication to be not loss than twenty-one days before Iho day
of the hearing or it" there is no such newspaper in such city or town
then by posting such notice in a conspicuous place in the city or town
hall for a period of not less than twenty-one days before the day of
such hearing, and also send notice by mail, postage prepaid, to the
petitioner and to the owners of all property deemed by the board to
be aiTected thereby, as they appear on tlie most recent local tax list,
and to the planning board of such city or town. At the hearing any
party whether entitled to notice thereof or not may appear in y)erson
or bv agent or bv attorney. Approved May 19, 1959.
Chap. 318. Ax Act rel.vtive to posting op notices of competitive
PROMOTIONAL EXAMINATIONS.
Be it enact rd, etc., as follows:
Section 8 of chapter 81 of the General Laws, as most recently
amended by section 3 of chapter 703 of the acts of 1945, is hereby
further amended by striking out the second paragraph and insert-
ing in place thereof the following paragraph : —
The director shall also prepare notices of all competitive promo-
tional examinations, and shall send copies of such notices to the
appointing authority in the department in which the promotion is to
be made, who shall cause such notices to be posted in conspicuous
places in the department and division of a department for which the
examination is to be held. Approved May 19, 1959.
Chap. 319. An Act clarifying inforjiation on lists to be filed
WITH THE division OF CIVIL SERVICE.
Be it enacted, etc., as follows:
The first paragraph of section 31 of chapter 31 of the General LaAvs,
as appearing in section 1 of chapter 422 of the acts of 1939, is hereby
amended by striking out the second sentence and inserting in place
thereof the following sentence : — Said report shall be in the form
prescribed by the commission or the director, shall be made on oath,
and shall contain the following information : first, the full name of
person appointed or employed or rendering bill for services or labor;
second, title of the office or position authorized by the division of civil
service; third, his salary, wages or other compensation; and fourth,
dates of employment; provided, that such appointing or employing
officer or board shall not be required to file in any month more than
one such report with the commission or the director and one Avith the
auditor or auditing officer. Approved May 19, 1959.
Chap. 320. An Act making certain corrective changes in the
names of certain correctional institutions as appear-
ing IN the civil service law.
Be it enacted, etc., as follows:
Section 1. Section 4 of chapter 31 of the General Laws is liereby
amended by striking out the fifth paragraph, as appearing in section
228 Acts, 1959. — Chaps. 321, 322.
4 of chapter 701 of the acts of 1945, and inserting in place thereof the
following paragraph : —
Instructors in the Massachusetts Correctional Institution, Walpole,
the Massachusetts Correctional Institution, Concord, and the Massa-
chusetts Correctional Institution, Norfolk, and all other employees in
said institutions having prisoners under their charge ; ,
Section 2. Said section 4 of said chapter 31 is hereby further
amended by striking out the ninth paragraph, as so appearing, and
inserting in place thereof the following paragraph : —
All permanent employees of the Massachusetts Correctional Institu-
tion, Bridgewater, except those specifically exempted by law and quali-
fied physicians and registered nurses ; . Approved May 19, 1959.
Chap. 321. An Act authorizing the use of automation equip-
ment IN KEEPING SCHOOL REGISTERS OP DAILY ATTENDANCE.
Be it enacted, etc., as follows:
Section 8 of chapter 72 of the General Laws is hereby amended by
adding at the end the following paragraph : — The use of automation
equipment in keeping such registers may be used, with the approval of
the department of education. Approved May 19, 1959.
Chap. 322. An Act increasing the amount op money which the
COUNTY commissioners OP BARNSTABLE COUNTY MAY EX-
PEND IN ANY ONE YEAR FOR THE PURPOSE OF PROMOTING
THE RECREATIONAL ADVANTAGES OF SAID COUNTY FROM
FIFTY THOUSAND DOLLARS TO SEVENTY-FIVE THOUSAND
DOLLARS.
Be it enacted, etc., as follows:
Section 1. The county commissioners of Barnstable county may,
for the purpose of advertising the recreational advantages of said
county, expend such sums, not exceeding, in the aggregate, seventy-
five thousand dollars in any one year, as may be appropriated there-
for; provided, that such expenditures from money so appropriated
shall not at any time be more than triple the sum which shall have been
contributed by public subscription or by donation deposited with the
county treasurer for the purpose aforesaid. Said commissioners shall
expend such sums only for advertising in newspapers, magazines and
the like, or for booklets, posters or other forms of advertising, or for
information booths within the coifnty, or for displays or booths main-
tained at fairs or expositions outside the county for the purpose of
advertising such advantages. In carrying out the provisions of this
act the commissioners may designate an agent or agents to act for
them; provided, that all bills incurred shall be accompanied by proper
vouchers and shall be paid by the county treasurer only on warrants
approved by the county commissioners or a majority of them.
Section 2. The state secretary shall c^use to be placed on the
official ballot to be used in the towns in Barnstable county at the
Acts, 1959. — Chaps. 323, 324. 229
biennial state election in the year nineteen hundred and sixty the
following question: — "Shall an act passed by the General Court in
the year nineteen hundred and fii'ty-nine, entitled 'An Act increasing
the amount of money which the county commissioners of Barnstable
county may expend in any one year for the purpose of promoting the
recreational advantages of said county from fifty thousand dollars to
seventy-five thousand dollars', be accepted?" If a majority of the
votes cast in said county in answer to said question is in the affirma-
tive, sections one and three of this act shall thereupon take full effect,
but not otherwise.
Section 3. Chapter one hundred and seventy-five of the acts of
nineteen hundred and fifty-four is hereby repealed.
Approved May 19, .1959.
Chap. 323. An Act authorizing the city of quincy to enter into
A contract with the new YORK, NEW HAVEN AND HART-
FORD RAILROAD COMPANY RELATIVE TO THE CONSTRUCTION
OF A PEDESTRIAN UNDERPASS AT ST. ANN 's ROAD IN SAID
CITY.
Be it enacted, etc., as follows:
Section 1. The city of Quincy is hereby authorized to enter into
a contract with the New York, New Haven and Hartford Railroad
Company for the temporary construction work necessary for the sup-
port of the railroad tracks prior to the construction by said city of a
pedestrian underpass at St. Ann's road in said city. Said contract
may provide for the monthly advancement of funds to the railroad not
to exceed six thousand dollars based on the estimated pay roll for such
temporary work. Final payment shall be subject to the approval of
the city engineer after verification of such pay roll records, and any
excess payment shall be refunded to the city.
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 May 19, 1959.
Chap. 324. An Act providing for the designation of a portion
OF ROUTE 28 AND A PORTION OF ROUTE 6a AS CRANBERRY
highway.
Be it enacted, etc., as follows:
Section 1. That portion of route 28 from Middleborough to Buz-
zards Bay and that portion of route 6A beginning at the w^esterly end
thereof at its junction Avith route 6 to Orleans are hereby designated
as Cranberry Highway, The department of public works is hereby
authorized and directed to erect along said highways suitable markers
bearing said designation.
Section 2. This act shall take effect upon its passage.
Approved May 20, 1959.
230 Acts, 1959. — Chaps. 325, 326, 327.
Chap. 323. i\N Act authorizing the town of winchendon to
APPKOPRIATE FUNDS FROM ITS STABILIZATION FUND FOR
THE CONSTRUCTION OF A NEW JUNIOR-SENIOR HIGH SCHOOL,
Be it enacted, etc., as follows:
Section 1. Notwithstanding any contrary provision of section
five B of chapter forty of the General Laws, the town of Winchendon
may, by a two-tliirds vote, appropriate from its stabilization fund at
a special town meeting to be held during tlie current 3'ear, the sum of
thirty thousand dollars, said sum to be applied to the construction
of a new junior-senior high school.
Section 2. This act shall take effect ui^on its passage.
Approved May 21, 1959.
Chap. 326. An Act relative to the salaries of certain justices
of the superior court.
Be it enacted, etc., as follows:
Section 1. NotAvithstanding the provisions of section four of
chapter seven hundred and thirty-three of the acts of nineteen hun-
dred and fifty-five, any justice of the superior court who was appointed
to said office between the fourth day of October, nineteen hundred and
fifty-eight and the effective date of this act, both dates inclusive, shall
receive such salary as is provided by section twenty-seven of chapter
two hundred and twelve of the General Laws, said salary to be effec-
tive as of the date of his appointment.
Section 2. This act shall take effect upon its passage.
Approved May 25, 1959.
Chap. 327. An Act relative to the issuing of a certificate of
incorporation.
Whereas, The deferred operation of this act would tend to defeat
its jnirpose, which is to provide forthwith for a shorter form of cer-
tificate of incorporation to be issued to a corporation organized under
the laws of the commonwealth, in order to expedite the issuance of
such certificates, therefore it is hereby declared to be an einergeuey
law, necessary for the immediate preservation of the public con-
venience.
Be it enacted, etc., as follows:
Section 1. Chapter 156 of the General I^aws is hereby amended
by striking out section 12, as amended by ('ha])ter 67 of the acts of
1932, and inserting in place thereof the following section: — Section
12. Upon the approval and filing as above provided of the articles
of organization of a corporation organized under general laAvs, the
state secretai-y shall issue a certificate oi" incorpoi-ation in the follow-
ing foi-m : —
Tllp; Go.MMONWEALTIl OF ]\1aSSACHUSETTS
Be it known lliat whereas (the names of the subscribers to the agree-
ment of associalion) have associated themselves with the intention of
Acts, 1959. — Chaps. 328, 329. 231
I'ormiiig a ooi-poi-ation uiidcr tlu' iiaiue of (^the name oi" the corpo-
ration), and have complied with the provisions of the statutes of the
commonwealth in such case made and provided, as appears from the
articles of organization of said corporation, duly approved by the
commissioner of corporations and taxation and recorded in this office:
Now, therefore, I, (the name of the state secretary), Secretary of the
Commonwealth of ^lassachusetts, do hereby certify that said (names
of the subscribers to the agreement of association), their associates
and successors are l(>gally organized and established as, atul are here-
by made an existing coi'poration as of (the date of filing of the articles
of organization), under the name of (the name of the corporation),
with the powers, rights and privileges, and subject to the limitations,
duties and restrictions, which by law appertain thereto.
Witness my ofHcial signature hereunto subscribed, and the great
seal of the commonwealth of Massachusetts hereunto affixed this
day of in the year
The state secretary- shall sign the certificate of incorpoi*ation and
cause the great seal of the commonwealth to be thereto affixed, and
such certificate shall have the force and effect of a special charter.
The existence of every corporation organized under general laws shall
begin upon the filing of the articles of organization in the office of the
state secretary. The state secretary shall make a record of the fact
of said incorporation and shall create an index in alphabetical order.
A certified statement of the fact of incorporation by the state secre-
tary shall be conclusive evidence of such incorporation.
Section 2. This act shall take effect on July first, nineteen
hundred and fifty-nine. Approved May 25, 1959.
CEiop. 328. An Act relative to training for handicapped indi-
viduals.
Whereas, The deferred operation of this act would tend to defeat
its purpose which is to provide forthwith for training for handicapped
individuals who are found by the Massachusetts rehabilitation com-
mission to require financial assistance with res])ect thereto, therefore
it is hereby declared to be an emergency law, necessary for the imme-
diate preservation of the public welfare.
Be it enacted, etc., as follows:
Section 1. The definition of "Vocational rehabilitation services"
in section 77 of chapter 6 of the General Laws, as api)earing in section
2 of chapter 602 of the acts of 1956, is hereby amended by striking out,
in line 8, the word "training," and by adding at the end of said defini-
tion the following item: — 9. Training for handicapped individuals;.
Section 2. Section 78 of said chapter 6, as so appearing, is hereby
amended by striking out, in line 11, the figure "8" and inserting in
place thereof the figure :^ 9. Approved May 25, 1959.
Chap. 329. An Act ai;thoki/l\(; cities and towns to borrow on
account op Pl'BLIC WELFARE AND VETERANS' BENEFITS.
Whereas, The deferred oi)erati()n of this act would tend to defeat
its purpose, which in part is to make immediately operative, in view of
232 Acts, 1959. — Chap. 329.
the existing financial emergency in certain cities and towns, the pro-
visions of this act authorizing cities and towns to borrow certain sums
during the current year and the next succeeding year on account of
expenses for public welfare and for aid to veterans, therefore this act
is hereby declared to be an emergency law, necessary for the imme-
diate preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Subject to the provisions of this act, any city or town,
by a two-thirds vote as defined in section one of chapter forty-four of
the General Laws, and with the approval of the mayor or selectmen
and of the emergency finance board established under section one of
chapter forty-nine of the acts of nineteen hundred and thirty-three,
may borrow in each of the years nineteen hundred and fifty-nine and
nineteen hundred and sixty, inside its limit of indebtedness as pre-
scribed by section ten of said chapter forty-four, for use only for
meeting appropriations made or to be made for public welfare, in-
cluding in such term old age assistance, aid to dependent children, and
disability assistance, and for veterans' benefits to an amount not
more than one half of one per cent of the average of the assessors'
valuation of its taxable property for the three preceding years, such
valuation to be reduced and otherwise determined as provided in said
section ten of said chapter forty-four, and may issue bonds or notes
therefor, which shall bear on their face the words (name of city or
town) Municipal Relief Loan, Act of 1959. Each authorized issue
shall constitute a separate loan, and such loans shall be paid in not
more than five yeai's from their dates, as said board shall fix, and,
except as herein provided, shall be subject to said chapter fortj^-four,
exclusive of the limitation contained in the first paragraph of section
seven thereof.
Loans may be issued hereunder in the year nineteen hundred and
fifty-nine or nineteen hundred and sixty, as the case may be, only by a
city or town which in such year has appropriated to be raised by
taxation, or appropriated from available funds for the purposes
enumerated in the preceding paragraph, an amount not less than
ninety per cent of the aggregate of its expenditures made in the year
preceding the j^ear of issue for old age assistance, aid to dependent
children and disability assistance to be met otherwise than from the
proceeds of federal grants, and of its expenditures made in said pre-
ceding year for veterans' benefits, together with an amount equal to
not less than ninety per cent of its expenditures made in said preceding
year for all i)ul)lic welfare purposes, all as determined by the board.
If a loan under authority of this act has been approved by said
])oard during the year nineteen hundred and fifty-nine or nineteen
hundred and sixty for a city or town, the amount of any appropria-
tion voted by such city or town for said year for public welfare,
including in such term old age assistance, aid to dependent children,
disability assistance, and veterans' benefits, shall not be reduced
during the said year by appropriation, transfer or otherwise, except
with the written approval of the ])oai-d. Whenever used in this act,
the words "veterans' benefits" shall include the forms of aid to
Acts, 1959. — Chap. 330. 233
veterans now or i'onnorly known as state aid, military aid, soldiers'
relief, and soldiers' burials, or any words or phrases connoting the
same.
Section 2. The members of the board aforesaid, Avhen acting
under this act, shall receive from the commonwealth compensation as
follows: Each appointive member, thirty-two dollars for each day's
attendance at board meetings, provided that the total amount paid
hereunder to such member as aforesaid shall not exceed three thousand
dollars in any period of twelve months ; each non-appointive member,
thirty dollars for each day's attendance at board meetings, provided
that the total amount paid hereunder to such member as aforesaid
shall not exceed two thousand dollars in any period of twelve months.
Section 3. A loan order voted in any city under authority of this
act shall be deemed to be an emergency order and as such may be
passed in such manner as is provided for emergency orders or ordi-
nances in its charter, and shall be in full force and effect immediately
upon final favorable action thereon by its city council or chief execu-
tive, as the case may be, or upon expiration of any period specified
by such charter for the approval or disapproval of such orders by its
chief executive in any case where he fails to appix)ve or disapprove
such an order within such period, notwithstanding any provision of
general or special law or ordinance to the contrary; provided, that
in the city of Boston such loan orders may be passed in the manner
provided in its charter for loan orders for temporary loans in anti-
cipation of taxes.
Section 4. In any city a loan order under authority of this act
may be passed by vote of two thirds of all the members of the city
council, or of each branch thereof where there are two branches,
notwithstanding any provision of law to the contrary.
Approved May 25, 1959.
Chap. 330. An Act imakinq APPRormATioNS for the maintenance
OF PLYMOUTH COUNTY, ITS DEPARTMENTS, BOARDS, COMMIS-
SIONS AND INSTITUTIONS, OF SUNDRY OTHER SERVICES, FOR
CERTAIN PERMANENT IMPROVEMENTS, FOR INTEREST AND
DEBT REQUIREMENTS, AND TO MEET CERTAIN REQUIREMENTS
OF LAW AND GRANTING A COUNTY TAX FOR SAID COUNTY.
Whereas, The deferred operation of this act would result in un-
necessarily extending the period during which county expenditures
would be made in anticipation of appropriation, therefore it is hereby
declared to be an emergency law, necessary for the immediate preserva-
tion of the public convenience.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of Plymouth county,
its departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several purposes and subject to the conditions specified
in section two are hereby appropriated, subject to the provisions of
234 Acts, 1959. — Chap. 3m
law ref^ulating the disbursement of county funds and the approval
thereof for the j'ear nineteen hundred and fifty-nine: —
Plymouth County.
Item
1. For interest oji county debt $7,521 55
2. For reduction of county debt 126,863 50
3. P^or county commissioners, salaries and expenses 23,342 50
4. For transportation and expenses of county and
acting commissioners 1,297 00
5. For clerk of courts, salaries and expenses 55,139 88
6. For county treasurer, salaries and expenses .... 21,699 50
7. For sherilf, salary and expenses 9,335 00
8. For registry of deeds, salaries and expenses .... 171,603 92
8a. For registry of probate, salaries and expenses . . 16,952 75
9. For law library, salaries and expenses 9,750 00
10. For highways, including state highways, bridges
and land damages 273,515 00
11. For examination of dams • 1 .000 00
12. For criminal costs in superior court 102,975 96
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees 118,007 00
14. For district courts, salaries aiul expenses 244,270 59
15. For medical examiners and connuitments of in-
sane 15,116 00
16. For jail and house of correction, maintenance
and operation 2^6,809 2S
17. For training school 11,000 00
18. For court houses and registry buildings, mainte-
nance and operation 93,524 79
20. For agricultural school or county aid 1o agricul-
ture, maintenance and operation 70,905 84
24. For non-contributory pensions 16,447 10
25. For contributory retirement system and snper-
visory expenses 41,819 45
26. For miscellaneous and contingent expenses .... 2,638 97
27. For unpaid bills of ])i-evious years 5,000 00
28. For reserve fund ' 1 5.000 00
30. For forest fire control 7,479 00
31. For bnreau of criminal investigation and police
training school 24,708 50
39. For group insurance 14,015 00
Total Amount of Appropriations $1,797,738 08
Less Estimated amount available for Reduction of
Countv Tax 370,392 46
And the county connnissioncrs of Plymouth County
are hereby authorized to levy as the count}' tax
of said county for the current year, in the man-
ner provided by laAv, the sum of $i ,427,345 62
Acts, lllin. - C\\\\\ nno. 2?u)
Section 2. Sums aitiiroin-iahMl in scctioii oiu' are bascil upon
detailed seliedules api)roved by the joint eominittee on count ies, copies
of whicli are deposited with tlie director of accounts.
Said director sludl tile witli the county coinmissioners and the county
treasurer of Plymouth (-(ninty a certification of the amounts above
appropriated as set forth in the a])iu'oved schedides for said county.
Except as j^rovided by this act or except as otherwise provided by law,
no liability may be incurred and no expenditure shall be made in
excess of the amount available in an existing appropriation for a func-
tion, a main group, a class or a sub-class.
Transfers within an ai)])i'opriation from a main group to another
main group may be made upon written request of the authorized
olScial of the organization unit with the written approval of said
county commissioners, and copies of said request and ai)proval shall
be filed with the county treasurer ; provided, however, that no transfer
shall be made from the main groups "personal services" or "equip-
ment" to another main group nor shall any transfer be made from
any other main group into the main groups "personal services" or
"equipment".
Transfers within an apjn-opriation between classes and between sub-
classes within a main group may be made by the authorized official of
the organization unit whenever in his opinion public necessity and
convenience so requires; provided, however, that no transfer shall be
made within the classes of the main groups "personal services" or
"equipment".
Amounts included for permanent positions in sums appropriated in
section one for personal services are based upon schedules of perma-
nent positions and salar^v rates as approved by the joint committee on
counties, and, except as otherwise shown by the files of said committee,
a copy of wdiich shall be deposited with the county personnel board,
no part of sums so appropriated in section one shall be available for
payment of salaries of any additional permanent positions, or for pay-
ments on account of reallocations of permanent positions, or for
payments on account of any change of salary range or compensation of
any permanent positions, notwithstanding any special or general act
to the contrary.
Moneys appropriated under this act for the purchase of equipment
shall be expended for the purposes specified in the schedules as
approved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund shall
be made, but transfers from this account to other accounts may be made
to meet extraordinary or unforeseen expenditures upon the request
of the county commissioners with the approval of the director of
accounts.
Section 3. No expense incurred for mid-day meals by county
officers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
boarding and housing, and those county officers and employees who
are stationed beyond commuting distance from their homes for a
period of more than twenty-four hours, shall be allowed by any
236 Acts, 1959. — Chap. 331.
county; provided, that officers or employees who have charge of juries
or who have the care and custody of prisoners, insane persons or other
persons placed in their charge by a court or under legal proceedings
for transfer to or from court to an institution or from institution to
institution and persons certified by a district attorney as engaged in
investigation shall be reimbursed for the expense of mid-day meals
when necessarily engaged on such duty; and provided, further, that
county officers and employees in attendance at meetings and confer-
ences called by or for any group or class on a statewide basis shall be
so reimbursed.
No moneys appropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers or
employees at places other than regular county offices.
Section 4. The allowance to county officers and employees for
expenses incurred by them in the operation of motor vehicles owned
by them or by any member of their immediate families and used in the
performance of their official duties shall not exceed eight cents a mile,
except in cases where a higher allowance is specifically provided by
statute ; provided, that in the case of commitments of the insane the
justice of the court ordering the commitment may order a higher rate.
No expenditures shall be made for travel outside the commonwealth
for attendance at conferences or conventions.
Section 5. Any provision of general or special law to the contrary
notwithstanding, any county officer or employee whose salary rate on
July first, nineteen hundred and fifty-seven, was limited to an increase
in rate of one thousand dollars shall receive an increase in salary rate
of not more than one step in his salary grade, effective on his anni-
versary date or on July first, nineteen hundred and fifty-nine, in
accordance with approved list filed with the county personnel board
by the joint committee on counties. Approved May 25, 1959.
Chap. 331. An Act making appropriations for the maintenance
OF BARNSTABLE COUNTY, ITS DEPARTMENTS, BOARDS, COM-
MISSIONS AND INSTITUTIONS, OF SUNDRY OTHER SERVICES,
FOR CERTAIN PERMANENT IMPROVEMENTS, FOR INTEREST
AND DEBT REQUIREMENTS, AND TO MEET CERTAIN REQUIRE-
MENTS OF LAW AND GRANTING A COUNTY T^\JC FOR SAID
COUNTY.
Whereas, The deferred operation of this act would result in un-
necessarily extending the period during which county expenditures
would be made in anticipation of appropriatioji, therefore it is hereby
declared to be an emergency law, necessary for the immediate preserva-
tion of the public convenience.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of Barnstable county,
its departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
Acts, 1959. — Chap. 331. 237
suras for tlio several purposes and subject to the conditions specified
in section two are hereby appropriated, subject to the provisions of
law re<rnhitini2: the disbursement of eouuty funds and the approval
thereof for tlie year nineteen hundred atul fifty-nine: —
BARNSTABLE COUNTY.
Item
1. For interest on county debt $15,757 85
2. For reduction of county debt 77,525 00
3. For county commissioners, salaries and expenses 17,518 50
4. For transportation and expenses of county and
actins: commissioners 1,000 00
5. For clerk of courts, salaries and expenses 19,576 80
6. For county treasurer, salaries and expenses .... 23,331 88
7. For sheriff, salary and expenses 9,436 50
8. For registry of deeds, salaries and expenses .... 111,840 20
8a. For registry of probate, salaries and expenses . . . 9,064 00
9. For law library, salaries and expenses 4,900 00
10. For highAvavs, including state highways, bridges
and land damages 186,100 00
12. For criminal costs in superior court 30,157 23
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees 25,761 00
14. For district courts, salaries and expenses 104,311 69
15. For medical examiners and commitments of
insane _ 3,052 50
16. For jail and house of correction, maintenance
and operation 172,081 25
17. For training school 500 00
18. For court houses and registry buildings, main-
tenance and operation 39,235 30
20. For agricultural school or county aid to agricul-
ture, maintenance and operation 44,146 11
22. For hospital or sanatorium 575,040 00
23. For preventorium or health service 63,321 00
24. For non-contributory pensions 15,384 90
25. For contributory retirement system and super-
visory expenses 21,211 74
26. For miscellaneous and contingent expenses 12,719 45
27. For unpaid bills of previous years 500 00
28. For reserve fund 10,000 00
29. For advertising recreational advantages of the
county 50,000 00
30. For state fire patrol 5,200 00
31. For maintenance, forest fire apparatus 700 00
32. For police training school and bureau of criminal
identification 21,146 75
33. For police radio system 32,243 85
36. For beach commission 925 00
38. For airplane 4,025 00
238 Acts, 1959. — Chap. 331.
Item
39. For j^ioup insurance $14,900 00
■iU. For advertising and promoting county fairs .... 500 00
Total Amount of Appropriations $1,723,113 50
Less Estimated amount available for Reduction of
County Tax 614,207 61
And the county commissioners of Barnstable
County are hereby authorized to levy as the
county tax of said county for the current year,
in the manner provided by law, the sum of ... $1,108,905 89
Section 2. Sums appropriated in section one are based upon de-
tailed schedulrs a])proved by the joint committee on counties, copies
of which are deposited with the director of accounts.
Said director shall file with the county commissioners and the
county treasurer of Barnstable county a certification of the amounts
above aj^propriated as set forth in the approved schedules for said
county. Except as provided by this act or except as otherwise pro-
vided by law, no liability may be incurred and no expenditure shall be
made in excess of the amount available in an existing appropriation
for a function, a main group, a class or a sub-class.
Transfers within an appropriation from a main group to another
main group may be made upon written request of the authorized of-
ficial of the organization unit with the written approval of said county
commissioners, and copies of said request and approval shall be filed
with the county treasurer; provided, however, that no transfer shall
be made from the main groups "personal services" or "equipment"
to another main group nor shall anj^ transfer be made from any other
main group into the main groups "personal services" or "equipment".
Transfers within an appropriation between classes and between
sub-classes within a main group may be made by the authorized official
of the organization unit whenever in his opinion public necessity and
(convenience so requires; provided, however, that no transfer sliall be
made within the classes of the main groups "personal services" or
"equipment".
Amounts included for permanent positions in sums appropriated
in section one for personal services are based upon schedules of per-
manent positions and salary rates as approved by the joint committee
on counties, and, except as otherwise shown by tlie files of said com-
mittee, a coi)y of which shall be dei)Osited witli tlie county personnel
board, no part of sums so appropriated in section one shall be avail-
able for payment of salaries of any additional permanent positions, or
for payments on account of reallocations of permanent positions, or
for payments on account of any change of salary range or compensa-
tion of any permanent positions, nolwillistaiiding any special or gen-
eral act to the contrary.
Moneys ap])ro})riated under this act for the i)urchase of ecpiipment
shall be expended for the jiurposes si)ecified in the schedules as ap-
proved by the joint committee on counties and for no otlier purpose.
No direct drafts again.st the account known as the reserve fund
Acts, 1959. — Chap. ;};}i^. 2:?,9
slijill 1)(^ iiKulo, hut transfers from this account to oIIht accounts iiuiy
1)0 mailc lo moot oxtraorclinary or uni'oresccn ex[)eudiUires ui)ou the
ro(luest oL" the couuty conunissiouers with the ai)proval oL" the dii-ector
of accounts.
Section 3. No exi)euse incurred i'or mid-day meals by count}' ol-
ticers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
hoarding: and housing, and those county ot^cers and employees who
are stationed beyond commuting distance from their homes for a
jieriod of more than twenty-four hours, shall be allowed by any county;
provided, that officers or emplo^^ees who have charge of juries or who
liave the care and custody of prisoners, insane persons or other per-
sons placed in their charge by a court or under legal proceedings for
transfer to or from court to an institution or from institution to insti-
tution and persons certified by a district attorney as engaged in inves-
tigation shall be reimbursed for the expense of mid-day meals when
necessarily engaged on such duty; and proA^ded, further, that county
officers and cm})loyees in attendance at meetings and conferences
called by or for any group or class on a statewide basis shall be so
reimbursed.
No moneys appropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers or
employees at places other than regular county offices.
Section 4. The allowance to county officers and employees for
expenses incurred by them in the operation of motor vehicles owned
by them or by any member of their immediate families and used in
the performance of their official duties shall not exceed eight cents a
mile, except in cases where a higher allowance is specifically provided
by statute; provided, that in the case of commitments of the insane
the justice of the court ordering the commitment may order a iiigher
rate. No expenditures shall be made for travel outside the common-
wealth for attendance at conferences or conventions.
Section 5. Any provision of general or special law to tlie con-
trary notwithstanding, any county officer or employee whose salary
rate on July first, nineteen hundred and fifty-seven, was limited to an
increase in rate of one thousand dollars shall receive an increase in
salary rate of not more than one step in his salary grade, effective on
his anniversary date or on July first, nineteen hundred and fifty-nine,
in accordance with approved list filed with the county personnel board
by the joint committee on counties. Approved May 25, 1959.
Chap. 332. An Act providing for registration sessions in certain
FACTORIES AND MILLS.
Be it enacted, etc., as follows:
Chapter 51 of the General Laws is hereby amended by inserting
after section 42A the following section: — Section 42B. The regis-
trars or election commissioners shall hold a registration session in any
factory or mill within their city or town on or before the last day for
registration for the biennial state primary or election if, in the case of
said primary, not less than forty-eight days before said primary or.
240 Acts, 1959. — Chap. 333.
in the case of said election, not less than forty-six days before said
election but not earlier than the second day following the primary,
ten or more voters of such city or tovm file a petition with said regis-
trars or commissioners for the holding of a registration session in such
factory or mill, signed by them with their names and addresses as they
appear on the voting list of said city or town and stating that ten or
more persons employed in said factory or mill desire and are entitled
to be registered as voters in said city or town. Such registration ses-
sion shall then be held if, at the time such petition is filed, the said
registrars or commissioners are in receipt of permission in writing
from the tenant or, if there is no tenant, from the owner of said fac-
tory or mill to use his premises for the purpose of holding said session.
Approved May 25, 1959.
Cheap. 333. An Act increasing the fees for sporting, hunting,
FISHING, AND TRAPPING LICENSES.
Be it enacted, etc., as follows:
Section 1. Chapter 131 of the General Laws is hereby amended by
striking out section 8, as most recently amended by section 1 of chapter
454 of the acts of 1952, and inserting in place thereof the following
section : — Section 8. Sporting, hunting, fishing and trapping licenses
shall be issued to the following classes of persons upon payment of
fees as hereinafter provided: —
(1) A citizen of the United States, resident in this commonwealth
for at least six consecutive months immediately prior to his applica-
tion for such license, or a non-resident citizen coming within one of
the two following classes : —
Class A. Owner of real estate in the commonwealth assessed for
taxation at not less than one thousand dollars, or person commissioned
or enlisted in the military or naval service of the United States and
stationed within the commonwealth.
Class B. Member of any club or association incorporated for the
purpose of hunting, fishing or tra])ping, or for any combination of such
purposes; provided, that said corporation owns land in the common-
wealth assessed for taxation in a total amount which is at least equal
to one thousand dollars for each member, and that the membership
list of the corporation shall be filed from time to time upon request,
and at least annuallj', with the clerks of the several cities and towns
within which such land, or any portion thereof, is located and with
the director;
For which licenses the fees shall be as follows: —
For a sporting license, seven dollars and twenty-five cents;
For a hunting license, four dollars and twenty-five cents;
For a fishing license, four dollars and twenty-five cents, except that
for such license issued to a minor fifteen to seventeen years of age,
inclusive, the fee shall be two dollars and twenty-five cents; and to a
female over eighteen, three dollars and twenty-five cents;
For a trapping license, seven dollars and seventy-five cents, except
that for such license issued to a minor fifteen to seventeen years of
age, inclusive, the fee shall be two dollars and twenty-five cents.
Acts, 1959. — Chap. 334. 241
No fee shall be charged for any license issued under this clause to a
person over the age of seventy or for a fishing license issued there-
under to a person seventy years of age or under who is a recipient oi
old age assistance granted under chapter one hundred and eighteen A,
or to a person who is blind.
(2) A citizen of the United States, who does not come within the
provisions of clause (1), for which licenses the fees shall be as follows:
For a hunting license, fifteen dollars and twenty-five cents ;
For a fishing license, eight dollars and seventy-five cents;
For a fishing license covering all the inland waters and good for
seven consecutive days specified on the license, four dollars and twenty-
five cents. Said days may be so specified on the license and the dura-
tion of the license may be so limited, notwithstanding any provision
of sections six and thirteen.
No person shall be granted a sporting, hunting or trapping license
unless he files with the city or town clerk or the director, as the case
may be, a written report upon blanks furnished by the director stat-
ing the number of birds or mammals, if any, taken by him within the
commonwealth during the preceding year. The city or town clerk
shall on the first Monday of each month forward such reports to the
director. Nothing herein shall be deemed to prohibit the director,
upon written order to city and town clerks, to suspend the require-
ment of any such written report, and section thirty-seven of chapter
thirty shall apply to such order.
Section 2. This act shall take effect on January first, nineteen
hundred and sixty. Approved May 25, 1959.
Chap. 334. An Act authorizing the submission to the voters of
THE CITY OF SPRINGFIELD OF THE QUESTION OF INCREASING
THE SALARIES OF AND ESTABLISHING A MINIMUM ANNUAL
SALARY FOR FIRE FIGHTERS, CERTAIN FIRE DEPARTMENT
PERSONNEL AND CERTAIN MEMBERS OF THE POLICE DEPART-
MENT OF SAID CITY.
Be it enacted, etc., as follows:
Section 1. The officers and members of the fire department of the
city of Springfield 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 chief of the department shall not
receive as an annual salary less than eleven thousand two hundred and
xuity-nine dollars and twelve cents, nor a deputy fire chief less than
eight thousand nine hundred and six dollars and fifty-six cents, nor a
district fire chief less than seven thousand and twenty-two dollars and
sixty cents, nor a fire captain less than six thousand one hundred and
eighty-one dollars and seventy-six cents, nor a fire lieutenant less than
five thousand six hundred and sixtj^-four dollars and eighty-eight
cents, nor a fire captain drill master less than six thousand seven
hundred and forty-one dollars and twenty-eight cents, nor an assistant
fire alarm and police signal superintendent less than five thousand
nine hundred and twenty-four dollars and eighty-eight cents, nor a
superintendent of fire repairs less than six thousand seven hundred
242 Acts, 1959. — Chap. 334.
and forty-one dollars and twenty-oigfht cents, nor a supervisor fire
prevention inspector less than six thousand seven hundred and forty-
one dollars and twenty-eight cents, nor a fire alarm and police sijjnal
superintendent and inspector of wires less than seven thousand four
hundred and twenty-eight dollars and seventy-two cents, nor a fire
prevention inspector, a fire alarm operator, a fire alarm and signal
maintenance man, or a fire fighter after the second year of service less
than five thousand two hundred dollars, or in the second j-ear of serv-
ice less than four thousand nine hundred and twenty-five dollars and
forty-four cents, or in the first year of service less than four thousand
six hundred and fifty dollars and eiglity-eight cents, nor a motor ef}uip-
ment repairman less than two dollars and thirty cents per hour after
the second year of service, or in the second year of service not less than
two dollars and fifteen cents per hour, or in the first year of service
not less than two dollars and three cents per hour.
Section 2. Tlie officers and members of the police department of
said city shall receive such annual salary as shall from time to time be
fixed by the police commissioner, with the approval of the mayor; pro-
vided, however, that the chief of the department shall not receive as
an annual salary less than eleven thousand two hundred and forty-
nine dollars and twelve cents, nor a deputy chief less than eight
thousand nine hundred and six dollars and fifty-six cents, nor a police
captain less than seven thousand and twenty-two dollars and sixty
cents, nor a police lieutenant less than six thousand one hundred and
eight.y-one dollars and seventy-six cents, nor a police radio engineer
])atrolman less than six thousand one hundred and eighty-one dollars
and seventy-six cents, nor a police sergeant less than five thousand six
hundred and sixty-four dollars and eighty-eight cents, nor a police
matron less than four thousand and fifty-eight dollars and sixty cents
fifter two years of service, or less than three thousand seven hundred
and eighty-four dollars and four cents in the second year of service, or
less than three thousand five hundred and four dollai's and twenty-
eight cents in the first year of service, nor a i)olicewoman or patrolman
less tlian five thousand two hundred dollars after the second year of
service, or less than four thousand nine hundred and twenty-five
dollars and forty-four cents in the second year of service, or less than
four thousand six hundred and fifty dollars and eighty-eight cents in
the first year of service.
SixrriON 'S. (o.) Jf a petition is obtained, signed and filed, and sig-
natures thereon certified, and a certificate transmitted to the city clerk,
all as provided in this section, there shall be printed an the official
ballot to be used in the city of Springfield at the municipal election in
the current year the following question: — "Shall fire fighters, certain
members of the fire department, police ofiicers and certain members of
the police department of the city of Springfield who now receive a
yearly salary of $3,856.40 to start, $4,042.48 after one year's service,
$4,229.16 after two years' service, $4,439.76 after three years' service
and $4,650.88 after four years' service, receive a minimum yearly
snhiry of $4,650.88 to start, $4,925.44 after one year's service and
$5,200.00 after two yeai-s' service, witli salary increases of at least
$549.12 for their unit'oi-iiied superiors; and shall police matrons in
YKS.
^o.
Acts, 1959. — Thap. :r,4. 2\?,
said police doiiartiiuMil wlio now roceivo a yearly salary of $2,898.48
to start, S;^,()8;).40 after one year's service, $3,177.20 after two years'
service, $3,342.04 after three years' service and $3,504.28 after four
years' service, receive a minimum yearly salary of $3,504.28 to start,
'>;3,784.04 after one year's service and $4,058.60 after two years' serv-
ice ; and shall motor e(|uipiiicnt repairmen in saiil life department who
are now paid $2.03 per hour, l)e })aid $2.03 per hour to
start, $2.15 per hour after one year's service and $2.30
l)er lK)ur after two 3-ears' service?
{b) A petition for the printing of such question as aforesaid shall
he i.ssued only if, after the effective date of this section, ten or more
registered voters of the city appear together at the otflce of the board
of election connnissioners of the city, elsewhere in this act called the
election commission, and in the presence of a justice of the peace sub-
scribe, 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 SPRINGFIELD
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 1959 :
1. That he is a registered voter of the City of Springfield 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
Springfield at the municipal 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 hereby appoint each of the folloAving 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 Present
Petitioner January 1, 1959 Ward Precinct Residence
Signed by the sub.scribers appearing together at the office of the Board of Election
Commissioners of the City of Springfield on this day of
1959, in the presence of
Justice of the Peace.
(c) If a request is subscribed as provided for by paragraph (&),
the election commission shall cheek each name on such request and
shall certify thereon the number of signatures so checked Avhich 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 re({uest, petition sheets containing spaces for signatures equal in
number to one half of the number of persons registered to vote in the
city at the municipal election ne.\t preceding the filing of such request.
Each petition sheet shall be in substantially the following form: —
244 Acts, 1959. — Chap. 334.
The Commonwealth of Massachusetts
CITY OF SPRINGFIELD
Petition for Printing of Certain Question on Ballot
IN THE City of Springfiei.d.
To the Board of Election Commissioners of the City of Springfield:
We, the undersigned, registered voters of the City of Springfield, hereby petition
that there be printed on the official ballot to be used in the City of Springfield at
the municipal election to be hold in the current year, the following question: —
(Here insert the question set forth in paragraph (a) of this section.)
Signatures of Residence
Petitioners January 1, 1959
(To be Bi^ed in person (If registered after Ward Precinct Present
with name as registered) above date, residence Residence
when registered)
The Commonwealth of Massachusetts
Hampden, ss. Springfield, 19
The undersigned, being the circulator or circulators of this sheet, severally
certify, 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.
NUMBER OF LINES UPON WHICH
NAMES AND ADDRESSES OP 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
Name 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
election 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 to at least
five per cent of the persons registered to vote in the city at the munici-
pal election next preceding the filing of the petition. Every voter
signing such a petition shall sign in person, with his name as regis-
tered, 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 prevented by physical disability from writing may authorize
some person to write his name and residence in his presence. The
signature of any petitioner Avhich is not certified by the circulator of
the sheet as provided in the form set forth in paragraph (c) shall not
be counted in determining the number of petitioners. If the name of
any voter appears 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 ques-
tion as aforesaid shall be filed all together with the election commis-
sioner at or before five o'clock in the afternoon of July twenty-second
in the current year. Every sheet of such petition shall be signed by
Acts, 1959. — Chap. 334. 245
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 signal nre his place of residence, giving street and number, if
any; and the election coiinnission shall require satisfactory identifica-
tion of such person. 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 connnission shall check each name to be certi-
fied 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; provided, 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 thereafter be certified on the same petition. A peti-
tion not containing names certified pursuant to this paragraph, to the
number required by said paragraph (d), shall be invalid. The election
commission shall complete the certification required by this paragraph
at or before five o'clock in the afternoon of August nineteenth in the
current j'car.
(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 com-
mission 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
notwithstanding, objections filed with the election commission shall
forthwith be transmitted by it to the Springfield ballot law commis-
sion, which shall forthwith consider such objections and not later than
September ninth in the current year render its decision on such objec-
tions 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 commis-
sion in matters under its jurisdiction; and the decision of said com-
mission 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. Certification 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
paragraph (g), the election commission shall transmit to the city clerk
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 there-
on 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
Wednesday of January, nineteen hundred and sixty, if the aforesaid
question is printed on the official ballot to be used in the city of
Springfield at the municipal election in the current year and a majority
of votes cast in answer to such question at such election are in the
affirmative. Approved May 25, 1959.
246 Acts, 1959. — Chaps. 335, 336.
Chap. 335. An Act regttlating the issue op capital stock by the
EDGARTOWN WATER COMPANY.
Be it enacted, etc., as follows:
Section 1. Chapter 143 of the acts of 1906 is liereby amended by
striking out section 7 and inserting in place thereof tlie following sec-
tion : — Section 7. Said corporation may for the purposes set forth in
this act, hold real estate not exceeding in amount fifty thousand dol-
lars ; and the capital stock of said corporation shall be one hundred
thousand dollars, to be divided into shares having a par value of one
hundred dollars each, and said capital stock may be increased or
reduced in the manner provided by chapters one hundred and fifty-five
and one hundred and sixty-five of the General Laws.
Section 2. Said chapter 143 is hereby further amended by strik-
ing out section 9 and inserting in place thereof the following section : —
Section 9. Said corporation may issue bonds, coupons, notes and
other evidences of indebtedness payable at periods of more than one
year after the date thereof to an amount equal to its surplus plus an
amount not exceeding its capital stock actually paid in at the time of
such issue, in the manner and to the extent provided by chapters one
hundred and sixty-four and one hundred and sixty-five of the General
Laws, in so far as they are applicable to water companies.
Section 3. Said chapter 143 is hereby further amended by striking
out section 10 and inserting in place thereof the following section : —
Section 10. Capital stock hereinbefore authorized shall be issued only
in such amounts as the department of public utilities may from time
to time vote is reasonably necessary for the purpose for which such
issue of stock has been authorized. Its decision approving such issue
shall specify the respective amounts of stock authorized to be issued,
and the purposes to which the proceeds thereof are to be applied. A
certificate setting forth such decision shall be filed in the office of the
secretary of the commonwealth before the certificate of the stock is
issued, and the proceeds of such stock shall not be applied to any
purpose not specified in such decision. x\pproved May 25, 1959.
Chap. 336. An Act making an appropriation to insure receipt by
THE COIMMONWEALTH OF CERTAIN GRANTS MADE AVAILABLE
]5V TIIK NATIONAL DEFENSE EDUCATION ACT.
Be it enacted, etc., as follows:
Section 1. To provide for expenses in connection with the com-
monwealth's share of the program authorized by the National Defense
Education Act, the sums set forth in section two of this act are hereby
ai)propriated from the General Fund or oixlinary revenue of the com-
monwealth, subject to the provisions of law regulating the disburse-
ments of public fuiuls and the approval thereof for the fiscal year
nineteen hundred Jind lit'tv-niiu'.
Acts, 1959. — Chai's. :W7, 338. 247
Section 12.
Service of the Department of Education.
Item
i:)01-04 For matching-, with the approval of the commission on adminis-
tration and finance, certain federal funds authorized to be
accepted and disbursed by chapter six hundred and sixty-four
of the acts of nineteen hundred and fifty-eifi-ht and allocated to
the commonwealth under the provisions of Public Law 85-864;
provided, that the department may use for matching such fed-
eral funds other state appropriated funds or any public or
private funds that may be available, in addition to the amount
made available by this item, appropriation expires June
thirtieth, nineteen hundred and sixty .... $30,000
SectiOxX 3. This act shall take efrcct upon its passage.
Approved May 26, 1959.
Chap. 337. Ax Act makixg available certain funds for the divi-
sion OF university extension in the department of
education.
Be it cuacird, etc., as follows:
Section 1. Item 1313-01 of section two of chapter one Imndred
and seventy-one of the acts of the current year, is hereby amended
by striking out. in line 5, the words "two hundred and twenty thou-
sand" and inserting in place thereof the following: — two hundred
and fifty thousand.
Section 2. This act shall take effect upon its passage.
Approved May 26, 1959.
Chap. 338. An Act making appropriations for the maintenance
OF ESSEX COUNTY, ITS DEPARTMENTS, BOARDS, COMMISSIONS
AND INSTITUTIONS, OF SUNDRY OTHER SERVICES, FOR CER-
TAIN PERMANENT IMPROVEMENTS, FOR INTEREST AND DEBT
REQUIREMENTS, AND TO MEET CERTAIN REQUIREMENTS OF
LAW AND GRANTING A COUNTY TAX FOR SAID COUNTY.
Whereas, The deferred operation of this act would result in un-
necessarily extending the period during which count.y expenditures
would be made in anticipation of appropriation, therefore it is hereby
declared to be an emergency law, necessary for the immediate preserva-
tion of the public convenience.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of Essex county, its
departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several i)urposes and subject to the conditions specified
in section two are hereby appropriated, subject to the provisions of
law regulating the disbursement of count}' funds and the approval
thereof for the vear nineteen hundred and fifty-nine : —
248 Acts, 1959. — Chap. 338.
Essex County.
Item
1. For interest on county debt $25,599 51
2. For reduction of county debt 123,000 00
3. For county commissioners, salaries and expenses 35,654 50
4. For transportation and expenses of county and
acting commissioners 2,500 00
5. For clerk of courts, salaries and expenses 123,865 11
6. For county treasurer, salaries and expenses .... 39,850 96
7. For sheriff, salary and expenses 9,990 00
8. For registry of deeds, salaries and expenses .... 346,925 25
8a. For registry of probate, salaries and expenses . . 18,185 84
9. For law library, salaries and expenses 25,122 96
10. For highways, including state highways, bridges
and land damages 388,546 18
12. For criminal costs in superior court 93,083 00
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees 222,500 00
14. For district courts, salaries and expenses 550,276 80
15. For medical examiners and commitments of insane 30,225 00
16. For jail and house of correction, maintenance and
operation 301,118 23
16a. For industrial farm, maintenance and operation 157,964 50
17. For training school 224,133 91
18. For court houses and registry buildings, mainte-
nance and operation 192,705 35
20. For agricultural school or county aid to agricul-
ture, maintenance and operation 631,692 13
24. For non-contributory pensions 65,925 83
25. For contributory retirement system and super-
visory expenses 113,132 70
26. For miscellaneous and contingent expenses 35,881 74
27. For unpaid bills of previous years 2,020 18
28. For reserve fund 20,000 00
29. For advertising recreational and agricultural ad-
vantages of the county 10,000 00
30. For fire patrol 5,500 00
31. For forest development 1,700 00
39. For group insurance 38,600 00
Total Amount of Appropriations $3,835,699 68
Less Estimated amount available for Keduction of
County Tax 901,139 59
And the county commissioners of Essex County
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the sum of $2,934,560 09
Acts, 1959. — Chap. 338. 249
Section 2. ISuius appropriated iu section one are based upon de-
tailed schedules approved by the joint eonimittee on counties, copies
of Avhich are deposited with the director of accounts.
Said director shall file with the county connnissioners and the
county treasurer of Essex county a certification of the amounts
above appropriated as set forth in the approved schedules for said
county. Except as provided by this act or except as otherwise pro-
vided by law, no liability may be incurred and no expenditure shall be
made iu excess of the amount available in an existing appropriation
for a function, a main group, a class or a sub-class.
Transfers within an appropriation from a main group to another
main group may be made upon written request of the authorized of-
ficial of the organization unit with the written approval of said county
commissioners, and copies of said request and approval shall be filed
with the county treasurer; provided, however, that no transfer shall
be made from the main groups "personal services" or "equipment"
to another main group nor shall any transfer be made from any other
main group into the main groups "personal services" or "equipment".
Transfers within an appropriation between classes and between
sub-classes within a main group may be made by the authorized official
of the organization unit whenever in his opinion public necessity and
convenience so requires; provided, however, that no transfer shall be
made within the classes of the main groups "personal services" or
"equipment".
Amounts included for permanent positions in sums appropriated
in section one for personal services are based upon schedules of per-
manent positions and salary rates as approved by the joint committee
on counties, and, except as otherwise shown by the files of said com-
mittee, a copy of which shall be deposited with the county personnel
board, no part of sums so appropriated in section one shall be avail-
able for pajTiient of salaries of any additional permanent positions, or
for payments on account of reallocations of permanent positions, or
for payments on account of any change of salary range or compensa-
tion of any permanent positions, notwithstanding any special or gen-
eral act to the contrary.
Moneys appropriated under this act for the purchase of equipment
shall be expended for the purposes specified in the schedules as ap-
l)roved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund
shall be made, but transfers from this account to other accounts may
be made to meet extraordinary or unforeseen expenditures upon the
request of the county commissioners with the approval of the director
of accounts.
Section 3. No expense incurred for mid-day meals by county of-
ficers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
boarding and housing, and those county officers and employees who
are stationed beyond commuting distance from their homes for a
period of more than twenty-four hours, shall be allowed by any county ;
provided, that officers or employees who have charge of juries or who
have the care and custody of prisoners, insane persons or other per-
sons placed in their charge by a court or under legal proceedings for
250 Acts, 1959. — Chap. 339.
transfer to or from court to an institution or from institution to insti-
tution and persons certified by a district attorney as engaged in inves-
tigation shall be reimbursed for the expense of mid-day meals when
necessarily engaged on such duty; and provided, further, that county
officers and employees in attendauL-e at meetings and conferences
called by or for any group or class on a statewide basis shall be so
reimbursed.
No moneys appropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers or
employees at places other than regular county offices.
Section 4. Tlie allowance to county officers and emplo^^ees for
expenses incurred by them in the oi)eration of motor vehicles owned
by them or by any member of their immediate families and used in
the performance of their official duties shall uot exceed eight cents a
mile, except in cases where a higher allowance is specifically provided
by statute ; provided, that in the case of commitments of the insane
the justice of the court ordering the commitment may order a higher
rate. No expenditures shall be made for travel outside the common-
wealth for attendance at conferences or conventions.
Section 5. Any provision of general or special law to the con-
trary notwithstanding, any county officer or employee whose salary
rate on July first, nineteen hundred and fifty-seven, was limited to an
increase in rate of one thousand dollars shall receive an increase in
salary rate of not more than one step in his salary grade, effective on
his anniversary date or on July first, nineteen hundred and fifty-nine,
in accordance with approved list filed with the county personnel board
by the joint committee on counties. Approved May 26, 1959.
CIdap. 339. An Act authorizing the city op Gloucester to lease
CERTAIN LAND OWNED BY IT AND KNOWN AS TEN POUND
ISLAND.
Be it enacted, etc., as foil own:
Section 1. Notwithstanding the provisions of any general or spe-
cial law the city of Gloucester, acting by and thi-ough its citj' council,
is hereby authorized to let or lease land owned by it and known as
Ten Pound Island, as described in a deed of the United States of
America, dated January thirty-first, nineteen hundred and fifty-eight,
and recorded in the Essex County Registry of Deeds, Southern Dis-
trict, Book 4441, Page 560 subject to the terms and restrictions in said
deed, for such period of time, not exceeding ninety-nine years as it
shall determine, and upon such other terms, covenants and conditions
and at such rent as it shall determine to any ])erson, persons, firm,
partnership, a.ssociation or cori)oration as it desires.
Section 2. Such lease shall not be effective unless authorized b}''
a majority vote of said city council. The city council may. by a like
vote, authorize the city manager to execute such lease and affix the seal
of said city thereto as the act and in the name and behalf of said city.
Section 3. This act shall take effect upon its passage.
Approved May 2G, 1959.
Acts, 1959. — Chaps. ?,40, 341, 342. 251
Chap. 340. An Act desicxatino a certain iiKiiiwAV in the city of
FALL KIVER AS THE AMERICAN LEC.ION lIKillWAY.
Be it enacted, etc., as follows:
Section 1. The state hij^lnvay in the city of Fall River running
from an interehantre nortli of Wilsoji road in a southwesterly direction
crossin*^ North Main street at Mt. Pleasant street and runninf]: along
the east bank of the Taunton river to interstate route 95E, sometimes
known as the western Fall River expressway, shall, u]K)n its comple-
tion, be designated and knowni as the American Legion Highway. The
department of public works is hereby authorized and directed to erect
along said highway suitable markers bearing said designation.
Section 2. This act shall lake effect upon its passage.
Approved May 26, 1959.
Chap. 341. An Act relative to reports rendered to the commis-
sioner or BANKS.
Be it enacted, etc., as follow.'^:
Chapter 167 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: — Section 8. An officer of
any bank who, for fifteen days after notice by the commissioner, fails
to make any return, statement or report required by law or by the
commissioner, or to amend such a return, statement or report if law-
fully required by the commissioner, shall be punished by a fine of not
more than one thousand dollars or by imprisonment for not more than
one year, or both. Approved May 26, 1959.
Chap. 342. An Act authorizing co-operative banks to make or
ACQUIRE LOANS GUARANTEED BY THE FEDERAL HOUSING
ADMINISTRATOR.
Be it enacted, etc., as follows:
Chapter 170 of the General Laws is hereby amended by inserting
after section 24 the following section : — Section 24A. Notwith-
standing the limitations contained in sections twenty-three and twenty-
four, and in addition to the authority granted by section fifty-one of
chapter one hundred and sixty-seven, any such corporation having
deposits of more than twenty-five million dollars may, subject to regu-
lations established by the commissioner, make or acquire mortgage
loans on real estate regardless of location, on which the notes have
been endorsed for insurance by the Federal Housing Administrator;
provided, that the aggregate balance of principal outstanding at any
one time in loans made hereunder does not exceed ten per cent of the
deposits of such corporation ; and further provided, that no such loan
shall exceed one half of one per cent of the deposits of such cor-
poration. Approved May 26, 1959.
252 Acts, 1959. — Chaps. 343, 344.
Chap. 343. An Act relative to the registration of operators as
HAIRDRESSERS.
Be it enacted, etc., as follows:
Section 87 W of chapter 112 of the General Laws is hereby amended
by striking out the first paragraph, as amended by section 2 of chapter
540 of the acts of 1950, and inserting in place thereof the following
paragraph : — Any registered operator who has had not less than one
year's practical experience as such, and who makes application there-
for, accompanied by a fee as provided in section eighty-seven CC, may
be registered by the board as a hairdresser, and thereafter may prac-
tice hairdressing in a registered shop for compensation and may super-
vise operators, without additional payment for the period during
which such person was originally registered as an operator, and
thereafter upon payment annually of a hairdresser's renewal fee as
provided in said section eighty-seven CC. In computing practical
experience under this paragraph, time which an operator has worked
as such under a temporary permit shall be included in computing such
period ; provided, however, that credit for such work shall not exceed
three months. Approved May 26, 1959.
Chap. 344. An Act increasing the fees for the examination and
REGISTRATION OF PHYSICIANS.
Be it enacted, etc., as follows:
Section 1. Chapter 112 of the General Laws is hereby amended by
striking out section 2, as most recently amended by chapter 329 of the
acts of 1957, and inserting in place thereof the following section: —
Section 2. Applications for registration as qualified physicians, signed
and sworn to by the applicants, shall be made upon blanks furnished
by the board of registration in medicine, herein and in sections three
to nine A, inclusive, called the board. Each applicant who shall fur-
nish the board with satisfactory proof that he is twenty-one or over
and of good moral character, that he possesses the educational qualifi-
cations required for graduation from a public high school, that he has
completed two years of pre-medical collegiate work, including physics,
chemistry and biology, in a college or university approved by a body
constituted as provided in this section and herein referred to as the
approving authority, that he has attended courses of instruction for
four years of not less than thirty-two school weeks in each year, or
courses which in the opinion of the board are equivalent thereto, in
one or more legally chartered medical schools, and that he has received
the degree of doctor of medicine, or its equivalent, from a legally
chartered medical school having the power to confer degrees in medi-
cine and approved by the approving authority, shall, upon payment
of fifty dollars, be examined, and if found qualified by the board, be
registered as a qualified physician and entitled to a certificate in testi-
mony thereof, signed by the chairman and secretary. An applicant
who has received from a medical school legallj^ chartered in a sov-
ereign state other than the United States or Canada a degree of doctor
of medicine or bachelor of medicine or its equivalent, shall be required
Acts, 1959. — Chap. 344. 253
to furnish to tlio board such documentary evidence as the board may
require that his education is substantially the equivalent of that of
jrraduates of medical schools in the United States and such other evi-
dence as the board may require as to his qualifications to practice
medicine, and shall be required to take an examination olTered periodi-
cally by the National Board of Medical Examiners of the United States
and if the National Board of ]\Iedical Examiners of the United States
shall certify to the board that the applicant has successfully passed
said examination, and if the board shall be satisfied as to his education
and his qualifications, then the board shall, upon payment of fifty
dollars by the applicant, admit him to the examination for licensure.
Said body sliall consist of the secretary of the board, the commissioner
of public health, an osteopathic member of the board or, if there be
none on the board, then a qualified osteopathic physician who shall be
a fjraduate of a school approved by the American Osteopathic Asso-
ciation and by the approving authority, and a layman. If at any time
there is no osteoi)athic member of the board the governor, with the
advice and consent of the council, shall appoint to said approving
authority an osteopathic physician qualified as aforesaid, who shall
serve until such time as there is an osteopathic member of the board,
but not in any event for more than three years. The layman member
of the board shall be appointed by the governor, with the advice and
consent of the council, for the term of three years. An applicant
aggrieved by the refusal of the approving authority to approve a
medical school under this section shall be entitled to have the reason-
ableness of such refusal reviewed by a justice of the superior court,
whose decision shall be final. An applicant failing to pass an examina-
tion satisfactory to the board shall be entitled to two re-examinations
within two years at a meeting of the board called for the examination
of applicants upon payment of a further fee of twenty-five dollars for
each re-examination; but two such re-examinations shall exhaust his
privilege under his original application. The board, after due notice
and hearing, may revoke any certificate issued by it to, and cancel the
registration of, any physician convicted of a felony, or any physician
who has been shown at any such hearing to have been guilty of the
use of narcotic drugs in any way other than for therapeutic purposes,
and may, at any time after the expiration of one year thereafter,
reissue any certificate so revoked, and register anew any physician
whose registration was so cancelled. The board, after due notice and
hearing, may suspend, for a period not exceeding one year, any cer-
tificate issued by it to, and cancel the registration of, any physician
who has been shown at such hearing to have been guilty of gross and
confirmed use of alcohol in any of its forms while engaged in the prac-
tice of his profession ; or of abuse of the authority granted in section
two hundred and nine A of chapter ninety-four; or of publishing or
causing to be published, or of distributing or causing to be distributed,
any literature contrary to section twenty-nine of chapter two hundred
and seventy-two; or of acting as principal or assistant in the carrying
on of the practice of medicine by an unregistered person or by any
person convicted of the illegal practice of medicine or by any physician
whose registration has been cancelled, and whose certificate has been
254 Acts, 1959. — Chap. 344.
revoked or susiieiided. l\v tlie board; or of aidinp: and abetting in any
attempt to secure registration, either for himself or for another, by
fraud ; or, in connection with his practice, of defrauding or attempting
to defraud any person. Except as otherwise provided herein, the
board may, at any time, reissue any certificate so revoked and register
anew any physician whose registration was cancelled.
The approving authority shall, upon the request of any college,
university or medical school in this commonwealth, inspect said college,
university or medical school and notify its trustees or other governing
body in writing if said college, university or medical school is approved
by the approving authority for the purposes of this section, or if
not, what steps said college, university or medical school must take in
order to gain the approval of the approving authority.
Any college, university or medical school desiring to be approved
for the purposes of this section may file with the ajiproving authority
a written request for the approval of such college, university or medi-
cal school, and thereupon a public hearing shall be seasonably granted
by the approving authority and a written decision made by it within
twenty days after the termination of such hearing. The applicant for
such approval shall be notified forthwith in writing of such decision
and, if such college, university or medical school is not approved by
the approving authority for the purposes of this section, it shall forth-
with be notified in writing what steps it must take in order to gain
the approval of the approving authority. A written decision of the
approving authority refusing to approve any college, university or
medical school shall not become effective until thirty days after written
notice of such decision is given to the college, university or medical
school seeking such approval. Every such college, university or medi-
cal school aggrieved by such refusal shall have the right to file a
petition in the superior court for Suffolk county to revise or reverse
the decision of the approving authority. Notice of the entry of such
petition shall be given to the secretary of the board of registration in
medicine and all proceedings connected therewith shall be according
to rules regulating the trial of civil causes without juries. The court
shall hear the case and finally determine Avhether or not such approval
shall be granted or revised.
Upon the filing of such a petition within the aforesaid period of
thirty days, then the said decision of the apj)roving authority shall
not become eff'eelive until a final decree affirming said decision is
entered upon the aforesaid i)etition.
The approving authority may from time to time, but not oftener
than once a year, inspect each college, university, or medical school
approved under this section and if, in the opinion of said authority,
such college, university, or medical school does not meet the require-
ments necessary for approval, it sluill send written notification thereof
to the trustees or other governing body of such college, university, or
medical school specifying therein what steps it nnist take in order to
prevent the withdi-awal of such apin'oval and a reasonable time within
which it nuist take such steps. If such college, university, or medical
school fails to take such steps within the time prescribed, said author-
ity shall give written notice that it will withdraw its approval. A
Acts, 19r)n. — Chap. 'M4. 2.^)
eollego, uiiivtM'sity, or iiu'ilical school objcctiiig to the withdraAval of
the approval <rraiitod to it may tiU' with the approviiifi: authority, witli-
\u twenty days after such Avritten notice, its written objections tliereto,
and tlierenpon a ]niblic hearing: shall he seasonably jjranted by the
ap])rovin<r anthority. As soon as may be, the approvin*; antliority
shall give a copy of its decision to sncji college, university, or medical
scliool. A written decision of the approving authority withdrawing
its approval of a college, university or medical school shall not become
efTective until thirty days after a copy of such decision is given to the
college, university, or medical school concerned. The pi-ovisions of
this section a})i)lical)le in the case of a refusal of the approving author-
ity to approve originally a college, university, or medical school shall
api)ly, so far as apt, in the case of a withdrawal by the approving
authority of approval of a college, university, or medical school.
The board shall examine an applicant who is an ali6n only if he
presents to it a certificate from the court in which he shall have filed
his declaration of intention to become a citizen of the United States,
or from the Immigration and Naturalization Service of the United
States, showing that he has declared his intention to become such a
citizen, or a copy of such declaration of intention, certified by the
clerk of such court. In case the applicant is subsequently registered,
uidess he shall present to the board, within five years following the
filing of the certificate or certified copy hereinbefore referred to, his
completed naturalization papers showing that he is a citizen of the
United States his certificate of registration shall be revoked and his
registration cancelled. The foregoing provisions of this paragraph
shall not apply to limited registration under section nine or section
nine A or to any alien physician of distinguished merit and ability,
duly licensed to practice his profession in any foreign country wherein
the requirements for the issuance of such a license are not substan-
tially lower than those of this commonwealth, while he is temporarily
teaching in this commonwealth in a medical school approved by the
approving authority.
The board may, without examination, grant certificates of registra-
tion as qualified physicians to such persons as shall furnish with their
applications satisfactory proof that they have the qualifications re-
quired in the commonwealth to entitle them to be examined and have
been licensed or registered upon a written examination in another state
whose standards, in the opinion of the board, are equivalent to those
in the commonwealth; provided, that no person shall be so registered
without an examination if he has attempted unsuccessfully to secure
registration in the commonwealth or if he is a graduate of a medical
school not approved by the approving authority. The fee for such
registration without examination shall be seventy-five dollars.
Section 2. Section 2A of said chapter 112, as most recently
amended by section 2 of cha])ter 519 of the acts of 1954, is hereby
further amended by striking out, in line 11, the word "fifty" and
inserting in place thereof the word :— seventy-five.
Section 3. This act shall take effect on January first, nineteen
hundred and sixty. Approved May 26, 1959.
256 Acts, 1959. — Chap. 345.
Chap. 345. An Act PROviDiNa for the merger and union of the
BETHANY BAPTIST CHURCH WITH THE STOUGHTON STREET
BAPTIST CHURCH IN DORCHESTER, BOTH OF BOSTON, AND THE
TRANSFER OP THE PROPERTY OF SAID BETHANY BAPTIST
CHURCH TO THE STOUGHTON STREET BAPTIST CHURCH IN
DORCHESTER.
Be it enacted, etc., as follows:
Section 1. The Bethany Baptist Church, of Boston, duly orgaji-
ized under the laws of the commonwealth, is hereby authorized to
merge in and unite with the Stoughton Street Baptist Church in
Dorchester, a corporation so organized and said Stoughton Street Bap-
tist Church in Dorchester shall in all respects be a continuance of, and
the lawful successor to, said Bethany Baptist Church, with all the
privileges, powers and immunities to which other religious corpora-
tions in the commonwealth are entitled.
Section 2. Upon said merger and union, the treasurer of said
Bethany Baptist Church is hereby authorized to execute and deliver
all papers and documents that may be deemed necessary and proper
for effecting the transfer of its property of every kind to said
Stoughton Street Baptist Church in Dorchester.
Section 3. All bequests, devises, conveyances and gifts heretofore
or hereafter made to said Bethany Baptist Church, however described,
and all the powers and privileges thereof, shall vest in said Stoughton
Street Baptist Church in Dorchester, and all trusts heretofore or here-
after vested in any of said corporations shall be preserved inviolate,
and all powers relating to such trusts shall have full force and effect
in said Stoughton Street Baptist Church in Dorchester, in so far as
such authority and right may be granted by statute.
Section 4. Whatever right or authority is granted or conferred
by this act is hereby declared to be limited to such authority or right
as the general court may constitutionally grant or confer, Avithout
prejudice to any proceeding that may be instituted in any court of
competent jurisdiction to effect the purposes of this act.
Section 5. The proceedings and votes of said Bethany Baptist
Church and said Stoughton Street Baptist Church in Dorchester, re-
lating to the merger and union of said churches, and acts and doings
thereunder, are hereby ratified and confirmed, notwithstanding any
informalities, errors or omissions.
Section 6. Upon acceptance of this act by a majority of the mem-
bers of each of said corporations present and voting at meetings duly
called for the purpose, certified copies of the respective votes of accept-
ance, sworn to by the respective clerks or recording officers of said
corporations, shall be filed for record in the registry of deeds for the
county of Suffolk and in the office of the state secretary, and, upon
such filing said union and merger shall be complete, and thereupon
the persons who are then members of said Bethany Baptist Church
shall become members of said Stoughton Street Baptist Churcli in
Dorchester. Approved May 26, 1959.
Acts, 1959. — Chap. 346. 257
Chap. 346. Ax Act authorizing tue conveyance by the common-
wealth TO THE TOWN OF CHATHAM OF CERTAIN LAND IN
SAID TOW^N.
Be it enacted, etc., as follows:
The comraissiouer of public works, in the name of and on behalf of
tlie commonwealth, is hereby authorized, subject to the approval of
tlie governor and council, to convey to the town of Chatham for a
nominal consideration the following parcels of land located in said
town and owned by the commonwealth and under control of the
department of public works, said parcels being bounded and described
as follows : —
Parcel 1. Northerly, by the mean low water mark of land of Robert
M. and Marj- Louise Home shown as part of Lot C on Land Court
Plan 122US-U, lying westerly of Lot 84 on Land Court Plan 12208-1,
by the mean low water mark land of the Town of Chatham shown as
Lot 84 on Land Court Plan 12208-1, and by the mean low water mark
of land of Robert j\L and Mary Louise Ilorne shown as part of Lot C
on Land Court Plan 12208-U, lying easterly of said Lot 84 ; "Westerly,
by the waters of Stage Harbor ; Southerly, by land and flats of David
M. and Anne Hall Davis, being that portion of the land on Land Court
Plan 22613-D lying westerly of Lot 3 shown on said plan, by Lot 3
shown on said plan and being land of said David M. and Anne Hall
Davis, and by the mean low water mark of land and flats of Edward
R. Xoyes shown as a portion of Lot 4 on said plan and lying easterly
of said Lot 3 ; and Easterly, by the waters of Chatham Harbor, and
being shown as a portion of Stage Harbor on said Plan 22613-D.
Parcel 2. Northerly, by Lot 3 shown on Land Court Plan 22613-C,
and being land of David M. and Anne Hall Davis; Easterly, by the
easterly line of said Lot 3 extended southerly to Lot 2 on said plan;
Southerly, b}' Lot 2 shown on said plan, and being land of said David
]\r. and Anne Hall Davis ; and Westerly, by the westerly line of said
Lot 2 extended northerly to said Lot 3.
Parcel 3. Westerly, by the easterly line of Lot 3 shown on Land
Court Plan 22613-D extended southerly to Lot 2 shown on said plan;
Northerly, Easterly and Southerly, by the low water mark of the creek
leading easterly from Stage Harbor as sho^vn on Land Court Plan
22613-A, at land of Edward R. Noves shown as Lot 4 on Land Court
Plan 22613-D.
Parcel 4. Easterly, by the westerly line of Lot 3 shown on Land
Court Plan 22613-D extended southerly to Lot 2 shown on said plan ;
Southerly, by mean low water line of land of David M. and Anne Hall
Davis shown on said plan ; Westerly, by waters of Stage Harbor ; and
Northerly, by the mean low Avater line of said land of David M. and
Anne Hall Davis shown on aforementioned plan.
Approved May 26, 1959.
258 Acts, 1959. — Chaps. 347, 348, 349.
Chap. 347. An Act authorizing the town of natick to abate
AND REFUND CERTAIN PERSONAL PROPERTY TAXES TO THE
CANARY SUPER MARKET, INC.
Be it enacted, etc., as follows:
The town of Natick is hereby authorized to abate certain personal
property taxes for the year nineteen hundred and fifty-four in the
sum of five hundred and twenty-five dollars and sixty cents and for
the year nineteen hundred and fifty-five in the sum of seven hundred
and forty-seven dollars and fifty cents and to refund said sums to
Canary Super Market, Inc., as said sums were paid to the town in
error, inasmuch as the taxes on said personal property were also paid
by said corporation to the commonwealth as corporate excise taxes.
Approved May 26, 1959.
Chap. 348. An Act providing for the election of a fire chief for
THE DARTMOUTH FIRE DISTRICT NO. 3.
Be it enacted, etc., as follows:
Section 1. The prudential committee for The Dartmouth Fire
District No. 3 shall, within thirty days of the effective date of this
act, call a special election for the purpose of choosing a fire chief for
said district, the office of fire chief in said district being vacant as a
result of two candidates for election thereto having received the same
number of votes at the regular election in the current year.
Section 2. If the voters of said district fail to choose a fire chief
at the special election authorized by section one the prudential com-
mittee of said district shall choose a fire chief to serve until the next
regular election fr-om the candidates receiving the highest number of
votes for said office at said special election.
Section 3. This act shall take effect upon its passage.
Approved May 27, 1959.
Chap. 349. An Act making appropriations for the fiscal year
ending june thirtieth, nineteen hundred and fifty-
nine, to provide for supplementing certain existing
appropriations.
Be it enacted, etc., as follows:
Section 1. To provide for supplementing certain appropriations
previously made, the sums set forth in this act are hereby made avail-
able from the funds designated, to be in addition to any amounts other-
wise available for the purpose, subject to the provisions of law regulat-
ing the disbursement of public funds and the approval thereof and the
conditions pertaining to said appropriations in chapter four hundred
and thirty-four of the acts of nineteen hundred and fifty-eia;ht.
Acts, 1959. — Chap. 350. 259
Section 2.
STATE PURPOSES APPROPRIATIONS.
APPROPRIATIONS MADE FROM THE GENERAL FUND.
Service of the Judiciary.
Pensions for Certain Retired Justices.
Item
0345-01 For pensions of retired judges, as authorized by law $3,959.00
Service of the Treasurer and Receiver-General.
State Board of Betircment.
0604-03 Item 0604-03 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by striking out the wording and inserting in place
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 comptroller shall transfer to the General
Fund the sum of eight hundred and ninety-eight 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 re-
ceived from the metropolitan district commission, in accord-
ance with the provisions of section nine A of chapter twenty-
nine of the General Laws and from the federal government on
account of the retirement of employees of the division of
employment security and the departments of public health,
public welfare and education are to be in addition to this
item and to be available for expenditure without further
appropriation $725,000.00
Non-Contributory Pensions.
2811-02 Item 2811-02 of section two of chapter four hundred and thirty-
four of the acts of nineteen hundred and fifty-eight is hereby
amended by striking out the wording and inserting in place
thereof the following: —
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 five hundred and twenty-seven thousand
dollars from the Highway Fund . . . $130,000.00
Section 3. This act shall take effect upon its passage.
Approved May 27, 1959.
Chcp. 350. An Act increasing the amount of money which the
TREASURER OF THE COUNTY OF BRISTOL MAY BORROW FOR
THE PURPOSE OF REPAIRING, ALTERING AND RENOVATING
THE COURT HOUSE IN THE CITY OF TAUNTON AND FOR THE
CONSTRUCTION OF AN ADDITION THERETO.
Be it enacted, etc., as follows:
Section 1. Section 1 of chaptei- 388 of the acts of 1957, as amended
])y section 1 of chapter 505 of the acts of 1958, is hereby further
amended by striking out, in lines 2 and 3, the words "one hundred
260 Acts, 1959. — Chap. 351.
and ninety-five" and inserting in place thereof the words: — two hun-
dred and forty, — so as to read as follows: — Section 1. The county
commissioners of the county of Bristol are hereby authorized to ex-
pend a sum not exceeding two hundred and forty thousand dollars
for the repair, alteration and renovation of the building presently
housing the first district court of Bristol at Taunton and for the con-
struction of an addition to said building. In making such repairs,
alterations and renovations the ])resent exterior design of said build-
ing, excepting the rear thereof, shall be retained.
Section 2. The first sentence of section 2 of said chapter 388, as
amended by section 2 of said chapter 505, is hereby further amended
by striking out, in line 4, the words "one hundred and ninety-five"
and inserting in place thereof the words : — two hundred and forty, —
so as to read as follows: — 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 sura not exceeding two hundred and
forty thousand dollars, and may issue bonds therefor, which shall
bear on their face the words, Bristol Countv Court House Loan, Act
of 1957.
Section 3. This act shall take eifect upon its passage.
Approved June 1, 1959.
Chap. 351. An Act relative to the membership of the board op
REGISTRATION OF REAL ESTATE BROKERS AND SALESMEN AND
POSTPONING THE DATE ON AND AFTER WHICH REAL ESTATE
BROKERS AND SALESMEN ARE REQUIRED TO BE LICENSED.
Whereas, The deferred operation of this act would tend to defeat its
purj)ose, which is, in part, immediately to posti)oiie the date on and
after which real estate brokers and salesmen are required to be licensed
and to extend the time for the issuance of such licenses, therefore it is
hereby declared to be an emergency law, necessary for the immediate
preservation of the public safety and convenience.
Be it enacted, etc., as follows:
Section 1. Chapter 13 of the General Laws is hereby amended by
striking out section 54, inserted by section 1 of chapter 726 of the
acts of 1957, and inserting in place thereof the following section : —
Section 54. There shall be a board of registration of real estate
brokers and salesmen, in this section and in sections fifty-five to fifty-
seven, inclusive, called the board, to be appointed bj^ the governor,
with the advice and consent of the council, consisting of five mem-
bers, citizens of the commonwealth, three of whom shall have been
actively engaged in the real estate business as a full-time occupation
for at least seven years prior to their appointment and who shall be
licensed real estate brokers, and two of whom shall be representatives
of the public. The governor shall designate the chairman. As the
term of office of a member of the board expires, his successor shall be
appointed by the governor, with like advice and consent, to serve for
Acts, 1959. — Chap. 351. 261
five years. Each ineiuber shall be eligible for reappoiutmeut and shall
serve until the qualilieation of his successor. The governor may also,
with like advice and consent, till any vacancy in the board for tlie un-
exi)ired portion of the term.
Section 2, Section 3 of chapter 72(J of the acts of l!i57 is hereby
amended by striking out the lirst paragrai)h and inserting in place
thereof the following paragraph: — Notwithstanding the provisions
of sections eighty-seven PP to eighty-seven DDD, inclusive, of chapter
one hundred and twelve of the (jeneral Laws, inserted by section two
of this act, any individual who files an ap{)lication for a license as a
real estate broker or salesnuin with the board of registration of real
estate brokers and salesmen, hereinafter called the board, at any time
prior to the first day of January, nineteen hundred and sixty, on a
form furnished by the board, containing a written statement that he
is engaged in the real estate business in the commonwealth on the date
of said application, and furnishes evidence that he is and is found to
be of good moral character, and complies with all requirements as to
citizenship or intention to become a citizen, as provided in section
eighty-seven TT of said chapter one hundred and tAvelve, and pays the
appropriate license fee as provided in section eighty-seven ZZ of said
chapter one hundred and twelve, and, if the application is for a
broker's license, files the bond required by said section eighty-seven
TT, shall, without examination or compliance with any other provision
of said sections eighty-seven PP to eighty-seven DDD, inclusive, be
granted and issued by the board, the license for which application is
so made, and such license shall be effective January first, nineteen
hundred and sixty, and shall expire on the anniversary of the licensee's
date of birth next occurring more than twelve months after the date of
issuance.
Section 3. Said chapter 726 of the acts of 1957 is hereby further
amended by striking out sections 4 to 6, inclusive, and inserting in
place thereof the following three sections: — Section 4. The five
members originally appointed by the governor, with the advice and
consent of the council, to the board of registration of real estate
brokers and salesmen, established b.y section fifty-four of chapter
thirteen of the General Laws, inserted by section one of this act, shall
serve for terms of five years, four years, three years, two years and
one year, respectively, as the governor may designate, and, notwith-
standing the provisions of said section, any member so appointed, or
a successor appointed before January first, nineteen hundred and
sixty, to fill a vacancy of an original appointee, shall not be required
to be a licensed real estate broker.
Section 5. The board of registration of real estate brokers and
salesmen shall, upon qualification of its members, organize and proceed
forthwith to grant and issue licenses to applicants who qualify under
section three, and notwithstanding the provisions of section eighty-
seven SS of chapter one hundred and twelve of the General Laws,
inserted by section two of this act, that said l)oard conduct at least four
examinations in each calendar year, said board shall conduct, as soon
as reasonably possible, suclt examination or examinations prescribed
in said section eighty-seven SS, as may be necessary to determine, prior
262 Acts, 1959. — Chap. 352.
to January first, nineteen hundred and sixty, the competence of other
applicants for real estate broker's or salesman's licenses, and to deter-
mine their qualifications, pursuant to such provisions of sections
eighty-seven PP to eighty-seven DDD, inclusive, of said chapter one
hundred and twelve, as are applicable, and to provide for the grant-
ing and issuing of licenses to be effective January first, nineteen hun-
dred and sixty, to applicants entitled thereto under said provisions.
The provision of section eighty-seven TT of said chapter one hundred
and twelve, that no license shall be issued unless the application has
been on file with the board at least ten days, shall not apply to applica-
tions filed prior to January first, nineteen hundred and sixty.
Section 6. This act, excepting the provisions of sections eighty-
seven RR, eighty-seven VV, eighty-seven AAA and eighty-seven CCC
of chapter one hundred and twelve of the General Laws, inserted by
section two of this act, shall take effect on December thirty-first, nine-
teen hundred and fifty-eight and said sections eighty-seven RR, eighty-
seven W, eighty-seven AAA and eighty-seven CCC shall take effect
on January first, nineteen hundred and sixty; provided, that, not-
witlistanding any provision of this act, no person .shall be required to
be licensed in order to act as a real estate broker or salesman prior to
January first, nineteen hundred and sixty.
Approved June 1, 1959.
Chap. 352. An Act relativb to expenditures for the care, main-
tenance AND repair of TUBERCULOSIS HOSPITALS IN CER-
TAIN COUNTIES.
Whereas, The deferred operation of this act would result in un-
necessarily extending the period during which expenditures by certain
counties for tuberculosis hospital purposes would be made without
express authorization therefor by the general court, therefore this
act is hereby declared to be an emergency law, necessary for the imme-
diate preservation of the public convenience.
Be it enacted, etc., as follows:
The trustees of the Bristol county tuberculosis hospital and the
county commissioners of the other counties hereinafter specified are
hereby authorized to expend for the year nineteen hundred and fifty-
nine the sums set forth in this act for the care, maintenance and repair
of the county tuberculosis hospitals within their respective counties,
and to assess the same in the manner set forth in section eighty-five of
chapter one hundred and eleven of the General Laws.
The sums set forth are based upon detailed schedules api)roved by
the joint committee on counties, copies of which are deposited with
the director of accounts.
!Said director shall file with said trustees and said county commis-
sioners and with the county treasurer a certification of the amounts
set forth in the approved schedules for such hospitals. Except as pro-
vided by this act or except as otherwise ])rovided by law, no liability
Acts, 1959. — Chap. 352. 2G3
may bo iiKurrod and uo expenditure shall be made in excess oi" tlie
amount available in an existing main group, a class or a sub-class.
Transfers from a main group to another main group may be made
upon Avritten request of said trustees or said county commissioners
with tlie written api)roval of the director of accounts and copies of
said request and api)roval shall be filed with the county treasurer;
provided, however, that no transfer shall be made from the main
groups "personal services" or "equipment" to another main group
nor shall any transfer be made from any other main group into the
main groups "personal services" or "equipment".
Transfers within an appropriation between classes and between sub-
classes within a main group may be made by said trustees or said
county connnissioners whenever in their opinion public necessity and
convenience so requires; provided, however, that no transfer shall be
made within the classes of the main groups "personal services" or
"equipment".
Amounts included for permanent positions in sums appropriated
herein for personal services are based upon schedules of permanent
positions and salary rates as approved by the joint committee on
counties, and, except as otherwise shown by the files of said committee,
a copy of which shall be deposited with the county personnel board,
no part of sums so appropriated shall be available for payment of
salaries of any additional permanent positions, 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 perma-
nent positions, notwithstanding any special or general act to the
contrary; except that an attendant who becomes a licensed practical
nurse may be paid an increased salary rate on account of such promo-
tion, subject to approval by the county personnel board.
]\Ioneys appropriated under this act for the purchase of equipment
shall be expended for the purposes specified in the schedules as ap-
proved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund
shall be made, but transfers from this account to other accounts may
be made to meet extraordinary or unforeseen expenditures upon the
request of said trustees and said county commissioners with the ap-
proval of the director of accounts.
No moneys appropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers
or employees at places other than regular county offices.
Any provision of general or special law to the contrary notwith-
standing, any county officer or employee of a tuberculosis hospital
whose salary rate on July first, nineteen hundred and fifty-seven, was
limited to an increase in rate of one thousand dollars shall receive an
increase in salary rate of not more than one step in his salary grade,
efi'ective on his anniversary date or on July first, nineteen hundred
and fifty-nine, in accordance wath approved list filed with the county
persoiniel board by the joint committee on counties.
264 Acts, 1959. — Chap. 352.
Bristol County.
Item
1. For personal services
2. For coiitraetiial services
'S. For supplies and materials
4. For current charges and obligations
5. For equipment
7. For land and nonstructural
H. For debt and interest
](). For unpaid bills of previous years
1 1 . For reserve fund
12. For group insurance
For total expenditures
Essex County,
Item
1. For personal services $780,935 31
2. For contractual services 53,785 00
3. For supplies and materials 256,500 00
4. For current charges and obligations 82,115 40
5. For equipment 13,250 00
8. For debt and interest 16,000 00
10. For unpaid bills of previous years 3,054 00
11. For reserve fund *. 10,000 00
12. For group insurance 15,000 00
13. For accident insurance 4,040 00
$251,249 70
33,200
00
95,050
00
26,741
53
10,525
00
200
00
7.000
00
250
00
2,500
00
3,500
00
$430,216 23
For total expenditures $1,234,679 71
Middlesex County
Item
1. For personal services $991,917 58
2. For contractual services 79,770 00
3. For supplies and materials 278,110 00
4. For current charges and obligations 53,579 81
5. For eciuipment 68,518 00
(i. For structui'es and improvements 190,364 00
S. For debt and interest 25,000 00
10. For unpaid bills of previous years 1,000 00
1 1 . For reserve fund 20.000 00
1 2. For group insurance 16,000 00
For total expenditures $1,724,259 39
Acts, 1959. — Chap. 352. 265
NoRFOLJi County.
Item
1. For personal sorvieos $574,227 98
For t'ontrai'tual services 48,100 00
For sui)plies and materials 216,750 00
For eiirreut charges and obligations 32,431 40
5. For equipment 3,883 40
8. For debt and interest 10,000 00
1 1 . For reserve fund 10,000 00
12. For group insurance 10,000 00
For total expenditures $905,392 78
Plymouth County-.
Item
1. For personal services $448,282 89
2. For contractual services 40,563 00
3. For supplies and materials 161,200 00
4. For current charges and obligations 36,031 93
5. For equipment 9,013 40
7. For land and nonstructural 1,000 00
^. For debt and interest 11,000 00
1 1 . For reserve fund 10,000 00
12. For group insurance 8,248 00
For total expenditures $725,339 22
Worcester County.
Item
1 . For [)ersonal services $597,404 91
2. For contractual services 59,532 00
3. For supplies and materials 190,200 00
4. For current charges and obligations 49,804 86
5. For equipment 12,503 00
8. For debt and interest 15,000 00
10. For unpaid bills of previous years 470 00
1 1 . For reserve fund '. 5.000 00
12. For group insurance 11,000 00
For total expenditures $940,914 77
Approved June 1, 1959.
266 Acts, 1959. — Chaps. 353, 354, 355.
Chap. 353. An Act authorizing the revocation of certain un-
exercised LICENSES TO KEEP, STORE OR SELL CERTAIN
EXPLOSIVES OR INFLAMMABLE MATERIALS.
Be it e7iacted, etc., as follows:
Section 1. Section 13 of chapter 148 of the General Laws is here-
by amended by inserting after the fourth paragraph the following
paragraph : —
Any license granted hereunder between July first, ninteen hundred
and thirty-six and August seventeenth, nineteen hundred and fiftj'-
one, both dates inclusive, not exercised for a period of at least three
years, may be revoked by the local licensing authority after notice and
hearing given to the owner or occupant of the land licensed.
Section 2. This act shall take effect on October first, nineteen
hundred and sixty. Approved June 1, 1959.
Chap. 354. An Act authorizing the city of Cambridge to convey
A CERTAIN portion OF PARK LAND TO THE ROMAN CATHOLIC
ARCHBISHOP OF BOSTON, A CORPORATION SOLE.
Be it enacted, etc., as follows:
Section 1. The city of Cambridge is hereby authorized to convey
to the Roman Catholic Archbishop of Boston, a corporation sole, a
certain portion of park land known as Winthrop Park, located at the
corner of Mt. Auburn and Boylston streets in said city, being a strip
of land ten feet eight inches in width and seventy feet and seven and
a half inches in length, adjacent to the land of the Hol.y Cross Church,
which strip is presently used as a public passageway from Mt. Auburn
street to "Winthrop street, for the purpose of constructing a second
story for the Holy Cross Church extending from the main church over
said above-described strip of land, reserving, however, the right to the
public to use forever said strip as a public passageway between Mt.
Auburn street and Winthrop street. Said city may, notwithstanding
the provisions of section seven of chapter forty-five of the General
Laws, authorize the erection of such supports in said Winthrop Park
at the edge of the above-described strip as may be necessary to support
the structure to be built over said strip.
Section 2. This act shall take effect upon its acceptance by the
city council of said city, subject to the provisions of its charter, but
not otherwise. Approved June 1, 1959.
Chap. 355. An Act further regulating the installation, repair
AND maintenance OF ELECTRICAL WIRING AND ELECTRICAL
FIXTURES USED FOR LIGHT, HEAT AND POWER PURPOSES.
Be it enacted, etc., as follows:
Section 3L of chapter 143 of the General Laws is hereby amended by
striking out the last paragraph, added by chapter 403 of the acts of
195(), and inserting in place thereof the following paragraph :■ —
No person shall install for hire any electrical wiring or fixtures sub-
ject to this section without first or within five days after commencing
Acts, 1959. — Chaps. 35G, 357, 358. 2G7
the work giving notice to the inspector of wires appointed pursuant to
the provisions of section thirty-two of chapter one hundred and sixty-
six. Any person failing to give such notice shall be punished by a fine
not exceeding twenty dollars. This section shall be enforced by the
inspector of wires within his jurisdiction and the state examiners of
electricians. Approved June 1, 1959.
Chap. 356. An Act designating certain land in the town op
HUNTINGTON AS THE CHARLES M. GARDNER STATE PARK.
Be it enacted, etc., as follows:
Section 1. Certain land in the town of Huntington owned by the
commonwealth and under the control of the department of natural
resources and situated between Route 112 and the Westfield river,
comprising thirty acres, more or less, shall be known and designated
as the Charles ]M. Gardner State Park. A suitable tablet or monu-
ment bearing such designation shall be erected thereon by said de-
partment.
Section 2. This act shall take effect upon its passage.
Approved June 1, 1959.
Chap. 357. An Act relative to the fee for a certified copy of
BIRTH, marriage AND DEATH RECORDS IN THE OFFICE OF
the SECRETARY OF THE COMMONWEALTH.
Be it enacted, etc., as follows:
Section 36 of chapter 262 of the General Laws, as amended by chap-
ter 301 of the acts of 1952, is hereby further amended by inserting
after the word "each", in line 5, the words : — , except that the fee for
a certified copy of a birth, marriage or death record shall be one dollar,
— so as to read as follows : — Section 36. The fee for copies of any
official papers certified by the state secretary shall be seventy-five
cents for the first page and sixty cents for each additional page. The
fee for the state secretary's certificate on copies or otherwise shall be
fifty cents each, except that the fee for a certified copy of a birth,
marriage or death record shall be one dollar.
Approved June 1, 1959.
Chap. 358. An Act providing for a proclamation by the governor
RELATIVE TO SIGHT-SAVING MONTH.
Be it enacted, etc., as follows:
Chapter 6 of the General Laws is hereby amended by inserting after
section 12V, inserted by chapter 110 of the acts of 1958, the following
section : — Section 12W. The governor shall annually issue a procla-
mation calling for a proper observance of September as sight-saving
month as a period of special attention to the importance of the con-
sei-vation of the gift of sight, one of mankind's greatest treasures.
Approved June 1, 1959.
268 Acts, 1959. — Chap. 359.
Chap. 359. An Act authorizing the town op Greenfield to appro-
priate MONEY FOR THE PAYMENT OP AND TO PAY CERTAIN
UNPAID BILLS AND TO BORROW FOR SAID PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Greenfield is hereby authorized to appro-
priate ninety thousand seven hundred forty-two dollars and forty-
three cents by taxation or from available funds or by borrowing:, and
thereafter the town treasurer may pay certain unpaid bills incurred
by said town for goods, materials and services furnished to said town
in the construction of the new senior high school in the years nineteen
hundred and fifty-five, nineteen hundred and fifty-six, nineteen hun-
dred and fifty-seven and nineteen hundred and fifty-eight, as set forth
in the list on file in the office of the director of accounts in the depart-
ment of corporations and taxation, whii-h bills are legally unenforce-
able against said town, by reason of their having been incurred in
violation of the provisions of the General Laws, including having been
incurred in excess of existing appropriations.
Section 2. For the purpose of meeting the appropriations author-
ized to be made under section one of this act, the town of Greenfield
may bori-ow such sums as may be necessary not exceeding eighty-five
thousand dollars for a period of not more than twenty years by the
issue of bonds or notes which shall bear on their face the words, Green-
field New Senior High School Building Loan, Act of 1959. Said
borrowing shall be outside the statutory limit and, except as otherwise
provided in this act, shall be subject to provisions of chapter forty-four
of the General Laws, exclusive of any limitations contained therein ;
provided, however, that in the year in which the loan is first authorized
to be issued, the sum of five thousand seven hundred forty-two dollars
and forty-three cents shall be raised by taxation or from available
revenue funds.
Section 3. The senior high school building committee of said town
may approve any bills the payment of which is authorized under the
provisions of section one of this act, for the purpose of qualifying the
town for reimbursement of a portion of the cost represented thereby,
in accordance with the provisions of chapter six hundred and forty-
five of the acts of nineteen hundred and forty-eight, as amended, and
with the approval of the school building assistance commission of the
commonwealth.
Section 4. No bill shall be approved by the accountant of said
town for paj'ment or paid bj' the treasurer thereof under authority of
this act unless and until certificates have been signed and filed with
said town accountant stating under the penalties of perjury that the
goods, materials or services for which bills have been submitted were
ordered by an official or an employee of said town, and that such goods
and materials were delivered and actually received by said town or
that such services were rendered to said town, or both.
Section 5. Any person who knowingly files a certificate required
by section four which is false, and who thereby receives payment for
goods, materials or services which were not received by or rendered to
said town, shall be punished by imprisonment for not more than one
3H^ar or by a fine of not more than three hundred dollars or both.
Acts, 1959. — Chap. 360. 269
Section tj. No paynieut shall be made by the town treasurer of
Greenfield of any bill authorized to be paid under the provisions of
this act except upon further approval of the director of accounts of the
bureau of accounts in the department of corporations and taxation.
Said director, for said purpose, may investigate the accounts and finan-
cial transactions of any department, board, commission or officer of
said town relating to the construction of said new senior high school.
Section 7. This act shall take effect upon its acceptance by a
majority vote of the town meeting members at an annual or special
town meeting called for the purpose. Approved June 1, 1959.
Chap. 360. An Act making appkoprixVtions for the maintenance
OF BRISTOL county, ITS DEPARTMENTS, BOARDS, COMMIS-
SIONS AND INSTITUTIONS, OP SUNDRY OTHER SERVICES, FOR
CERTAIN PERMANENT IMPROVEMENTS, FOR INTEREST AND
DEBT REQUIREMENTS, AND TO MEET CERTAIN REQUIREMENTS
OF LAW AND GRANTING A COUNTY TAX FOR SAID COUNTY.
^Yhereas, The deferred operation of this act would result in unnec-
essarily extending the period during which county expenditures would
be made in anticipation of appropriation, therefore it is hereby de-
clared to be an emergency law, necessary for the immediate preserva-
tion of the public convenience.
Be it enacted, etc., as follows:
Section 1, To provide for the maintenance of Bristol county, its
departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several purposes and subject to the conditions specified
in section two are hereby appropriated, subject to the provisions of
law regulating the disbursement of county fnnds and the approval
thereof for the year nineteen hundred and fifty-nine: — -
Bristol County.
Item
1. For interest on county debt
2. For reduction of county debt
3. For comity commissioners, salaries and expenses
4. For transportation and expenses of county and
acting eommissionei's
5. For clerk of courts, salaries and expenses
6. For county treasurer, salaries and expenses ....
7. For sheriff, salary and expenses
8. For registries of deeds, salaries and expenses . . .
8a. For registry of probate, salaries and expenses . .
9. For law library, salaries and expenses
10. For highways, including state highways, bridges
and land damages
11. For examination of dams
12. For criminal costs in superior court
$25,752
50
70,000
00
14,767
00
1,200
00
82,067
50
37,684
00
9,862
50
202,527
86
15,388
00
28,208
40
212,550
00
6,500
00
102,366
19
270 Acts, 1959. — Chap. 360.
Item
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees $148,435 50
14. For district courts, salaries and expenses 352,809 08
15. For medical examiners and commitments of in-
sane 26,475 00
16. For jail and house of correction, maintenance and
operation 229,379 00
17. For training school 10,000 00
18. For court houses and registry buildings, main-
tenance and operation 212,207 24
20. For agricultural school or county aid to agricul-
ture, maintenance and operation 348,913 06
24. For non-contributory pensions 25,122 25
25. For contributory retirement system and supervi-
sory expenses 53,350 20
26. For miscellaneous and contingent expenses 21,021 11
27. For unpaid bills of previous years 3,000 00
28. For reserve fund 10,000 00
30. For forest fire patrol 5,500 00
32. For police training school 500 00
39. For group insurance 20,000 00
Total Amount of Appropriation $2,275,586 39
Less Estimated amount available for Reduction of
County Tax 546,734 87
And the county commissioners of Bristol County
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the sum of $1,728,851 52
Section 2. Sums appropriated in section one are based upon de-
tailed schedules approved by the joint committee on counties, copies
of which are deposited with the director of accounts.
Said director shall file with the county commissioners and the
county treasurer of Bristol county a certification of the amounts
above appropriated as set forth in the approved schedules for said
county. Except as provided by this act or except as otherwise pro-
vided by law, no liability may be incurred and no expenditure shall be
made in excess of the amount available in an existing appropriation
for a function, a main group, a class or a sub-class.
Transfers within an appropriation from a main group to another
main grouyi may be made upon written request of the antliorized of-
ficial of the organization unit with the written approval of said county
commissioners, and copies of said request and approval shall be filed
with the county treasurer; provided, however, that no transfer shall
be made from the main groups "personal services" or "equipment"
to another main group nor shall any transfer be made from any other
main group into the main grou]is "yxM-sonal services" or "equipment".
Transfers within an appropriation between cla.sses and between
Acts, 1959. — Chap. 360. 271
sub-classes within a main group may be made by the authorized official
of the organization unit whenever in his opinion public necessity and
convenience so reciuires; provided, however, that no transfer shall be
made within the classes of the main groups "personal services" or
"equipment".
Amounts included for permanent positions in sums appropriated
in section one for personal services are based upon schedules of per-
manent positions and salary rates as approved by the joint committee
on counties, and, except as otherwise shown by the files of said com-
mittee, a copy of which shall be deposited with the county personnel
board, no part of sums so appropriated in section one shall be avail-
able for payment of salaries of any additional permanent positions, or
for payments on account of reallocations of permanent positions, or
for payments on account of any change of salary range or compensa-
tion of any permanent positions, uotw'ithstauding any special or gen-
eral act to the contrary.
Moneys appropriated under this act for the purchase of equipment
shall be expended for the purposes specified in the schedules as ap-
proved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund
shall be made, but transfers from this account to other accounts may
be made to meet extraordinary or unforeseen expenditures upon the
request of the county commissioners with the approval of the director
of accounts.
Section 3. No expense incurred for mid-day meals by county of-
ficers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
boarding and housing, and those county officers and employees who
are stationed beyond commuting distance from their homes for a
|)eriod of more than twenty-four hours, shall be allowed by any county ;
provided, that officers or employees who have charge of juries or who
have the care and custody of prisoners, insane persons or other per-
sons placed in their charge by a court or under legal proceedings for
transfer to or from court to an institution or from institution to insti-
tution and persons certified by a district attorney as engaged in inves-
tigation shall be reimbursed for the expense of mid-day meals when
necessarily engaged on such duty ; and provided, further, that county
officers and employees in attendance at meetings and conferences
called by or for any group or class on a statewide basis shall be so
reimbursed.
No moneys appropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers or
employees at places other than regular county offices.
Section 4. The allowance to county officers and employees for
expenses incurred by them in the operation of motor vehicles owned
by them or by any member of thpir immediate families and used in
the performance of their official duties shall not exceed eight cents a
mile, except in cases where a higher allow'ance is specifically provided
by statute ; provided, that in the ease of commitments of the insane
the justice of the court ordering the commitment may order a higher
rate. No expenditures shall be made for travel outside the common-
wealth for attendance at conferences or conventions.
272 Acts, 1959. — Chaps. 361, 362.
Section 5. Any provision of general or special law 1o the con-
trary notwithstanding, any county officer or employee whose salary
rate on July first, nineteen hundred and fifty-seven, was limited to an
increase in rate of one thousand dollars shall receive an increase in
salary rate of not more than one step in his salary grade, effective on
his anniversary date or on July first, nineteen hundred and fifty-nine,
in accordance with approved list filed with the county personnel hoard
by the joint committee on counties. Approved June 9, 1959.
Chap. 361. An Act authorizing the payment of the common-
wealth's SHARE OF FUNDS REQUIRED UNDER THE NATIONAL
DEFENSE EDUCATION ACT TO CERTAIN EDUCATIONAL INSTI-
TUTIONS.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to facilitate and expedite the granting of assist-
ance to individuals and making more adequate educational opportuni-
ties available to students, therefore it is hereby declared to be an
emergency law, necessary for the preservation of the public convenience
and Avelfare.
Be it enacted, etc., as follows:
There is hereby authorized to be paid from the treasury of the
commomvealth to each educational institution under the control of the
state department of education, to the University of Massachusetts and
to the Lowell Technological Institute of jMassachusetts such sum or
sums, subject to availability of appropriations, as may be necessary to
meet the commonwealth's share of funds required under the provisions
of Title II of the National Defense Education Act of 1958 (Public
Law^ 85-864). Said funds shall be received and administered by said
institutions in accordance with said National Defense Education Act
and the r(>gulatious prescribed thereunder.
Approi'cd June 9, 1959.
Chap. 362. An Act validating the action of the town of Swansea
RELATIVE TO THE PURCHASE OF LAND AND BUILDINGS FOR
USE AS A FIRE STATION.
Be it rnacii d, etc., as follow>i:
Section 1. The action of the town of Swansea taken at the annual
meeting held on March ninth, nineteen hundred and fifty-nine, in
voting (1) to acquire by purchase or eminent domain the land with
buildings thereon belonging to the North Swansea Protective Com-
pany, Inc. for the purpose of housing fire apparatus and equipment,
which land is located on the northerly side of Grand Army of the Re-
l)ublic Highway and bounded as follows: — southerly by said highway
one hundred (100) feet; westerly by land of B. Herbert Adams two
hundr(Ml fourteen and 50/100 (214.50) feet; northerly by land now or
formerly of Mary D. Mason eighty and 75^00 (80.75) feet; and
easterly b}' land of Joseph Santos et ux, excepting from the above
Acts, 1959. — Chap. 36:^. 273
(lt'scril)(>il i)i-iMnisi>s so much of llu' same as may have beoii taken by the
eommouwoalth i'or lii_<rh\vay purposes and (2) that an api)ropriation
be nuuie in the amount of fifteen thousand five hundred dollars to be
raised as follows: twenty-five liundred dollars to be transferred from
unapiH-oiH'iated available funds in the treasury and a smn not in
excess of thirteen thousand to be borrowed from time to time by the
treasurer of said town, with the approval of the board of selectmen
bonds and notes of the towni therefor to be payable in not more than
five years, and all acts done in pursuance thereof, aie hereby co)ifirmed
and made valid, notwithstaiuliuji: any provisiou of section seven of
chapter forty-four of the (ieneral Tvaws to tlie conti-ary.
Section 2. This act shall take effect upon its passap:e.
Approved June 9, l!h')9.
Chap. 363. An Act making appropriations for the maintenance
OF HAMPDEN COUNTY, ITS DEPARTMENTS, BOARDS, COMMIS-
SIONS AND INSTITUTIONS, OF SUNDRY OTHER SERVICES, FOR
CERTAIN PERMANENT IMPROVEMENTS, FOR INTEREST AND
DEBT REQUIREMENTS, AND TO MEET CERTAIN REQUIREMENTS
OF LAW AND GRANTING A COUNTY TAX FOR SAID COUNTY.
Whereas, The deferred operation of this act would result in un-
necessarily extending the period during which connty expenditures
would be made in anticipation of appropriation, therefoi-e it is hereby
declared to be an emergency law, necessary for the immediate preser-
vation of the public convenience.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of Hampden county,
its departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several purposes and subject to the conditions specified
in section two are hereby appropriated, snb.ject to the provisions of
law regulating the disbursement of county funds and the approval
thereof for the year nineteen hundred and fifty-nine : —
Hampden County.
Item
1. For interest on county debt $11,500 00
2. For reduction of county debt 56,000 00
3. For county commissioners, salaries and expenses 24,282 50
4. For transportation and expenses of county and
acting commissioners 600 00
5. For clerk of courts, salaries and expenses 73,684 51
6. For county treasurer, salaries and expenses 24,845 35
7. For sheriff, salary and expenses 10,000 00
8. P"'or registi-y of deeds, salaries and expenses .... 173,443 74
8a. For registry of probate, salaries and expenses . . . 33.554 34
9. For law library, salaries and expenses 23,578 50
10. For highways, including state highways, bridges
and land damages 222,275 00
274 Acts, 1959. — Chap. 363.
Item
11. For examinations of dams $4,2U0 00
12. For criminal costs in superior court 61,714 00
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees 203,679 84
14. For district courts, salaries and expenses 453,544 11
15. For medical examiners and commitments of in-
sane 25,000 00
16. For jail and house of correction, maintenance and
operation 252,641 94
17. For training school 105,615 79
18. For court houses and registry buildings, main-
tenance and operation 124,644 86
20. For agricultural school or county aid to agricul-
ture, maintenance and operation 109,191 09
21. For state reservation, maintenance and operation,
Mount Tom 36,174 70
23. For preventorium or health service 3,000 00
24. For non-contributory pensions 23,621 41
25. For contributory retirement system and supervi-
sory expenses 56,447 46
26. For miscellaneous and contingent expenses 10,805 72
27. For unpaid bills of previous years 700 00
28. For reserve fund 15,000 00
29. For advertising recreational, industrial and agri-
cultural advantages of the county 4,600 00
30. For radio system for fire protection 7,000 00
39. For group insurance 19,000 00
Total Amount of Appropriations $2,170,344 86
Less Estimated amount available for Reduction of
County Tax 424,579 43
And the county commissioners of Hampden
County are hereby authorized to levy as the
county tax of said county for the current year,
in the manner provided by law, the sum of . . . $1,745,765 43
Section 2. Sums appropriated in section one are based upon de-
tailed schedules approved by the joint committee on counties, copies
of which are deposited with the director of accounts.
Said director shall file with the county commissioners and the
county treasurer of Hampden county a certification of the amounts
above appropriated as set forth in the approved schedules for said
county. Except as provided by this act or except as otherwise pro-
vided by law, no liability may be incurred and no expenditure shall be
made in excess of the amount available in an existing appropriation
for a function, a main group, a class or a sub-class.
Transfers within an appropriation from a main group to another
main group may be made upon written request of the authorized of-
ficial of the organization unit with the written approval of said county
Acts, 1959. — Chap. 363. 275
eommissiuiiors, and copies ol' said request and approval shall be filed
with the eouiity treasurer; provided, however, that uo transfer shall
lie luade from tlie main groups "personal services" or "equipment"
to another main group Jior shall any transfer be made from any other
main group into the main groups "personal services" or "equipment".
Transfers within an appropriation between classes and between
sub-classes within a main group may be nmde by the authorized official
of the organization unit whenever in his opinion public necessity and
convenience so requires ; jirovided, however, that no transfer shall be
made within the classes of the main groui)s "personal services" or
"equipment".
Amounts included for permanent positions in sums appropriated
in section one for personal services are based upon schedules of per-
manent positions and salary rates as approved by the joint committee
on counties, and, except as otherwise shown by the files of said com-
mittee, a copy of which shall be deposited with the county personnel
board, no part of sums so appropriated in section one shall be avail-
able for payment of salaries of any additional permanent positions, or
for payments on account of reallocations of permanent positions, or
for payments on account of any change of salary range or compensa-
tion of any permanent positions, notwithstanding any special or gen-
eral act to the contrary.
Moneys appropriated under this act for the purchase of equipment
shall be expended for the purposes specified in the schedules as ap-
proved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund
shall be made, but transfers from this account to other accounts may
be made to meet extraordinary or unforeseen expenditures upon the
request of the county commissioners with the approval of the director
of accounts.
Section 3. No expense incurred for mid-day meals by county of-
ficers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
boarding and housing, and those county officers and employees who
are stationed beyond commuting distance from their homes for a
period of more than twenty-four hours, shall be allowed by any county ;
provided, that officers or employees who have charge of juries or who
have the care and custody of prisoners, insane persons or other per-
sons placed in their charge by a court or under legal proceedings for
transfer to or from court to an institution or from institution to insti-
tution and persons certified by a district attorney as engaged in inves-
tigation shall be reimbursed for the expense of mid-day meals when
necessarily engaged on such duty; and provided, further, that county
officers and employees in attendance at meetings and conferences
called by or for any group or class on a statewide basis shall be so
reimbursed.
No moneys appropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers or
employees at places other than regular county offices.
Section 4. The allowance to county officers and employees for
expenses incurred by them in the operation of motor vehicles owned
by them or by any member of their immediate families and used in
276 Acts, 1959. — Chaps. 364, 365.
the performance of their official duties shall uot exceed eight cents a
mile, except in cases where a higher allowance is specifically provided
by statute; provided, that in the case of commitments of the insane
the justice of the court ordering the commitment may order a higher
rate. No expenditures shall be made for travel outside the common-
wealth for attendance at conferences or conventions.
Section 5. Any provision of general or special law to the con-
trary notwithstanding, any county officer or employee whose salarj^
rate on July first, nineteen hundred and fifty-seven, was limited to an
increase in rate of one thousand dollars shall receive an increase in
salary rate of not more than one stej) in his salary grade, effective on
his anniversary date or on July first, nineteen hundred and fifty-nine,
in accordance with approved list filed with the county personnel board
by the joint committee on counties. Approved June 9, 1959.
Chap. 364. An Act designating a certain pedestrian underpass
IN the city of boston as the veterans of foreign wars,
post 144, underpass.
Be it enacted, etc., as follows:
Section 1. The pedestrian underpass running from the northerly
side of Blackstone street opposite Hanover street in the city of Boston
and under the John F. Fitzgerald Expressway to the southerly side of
Cross street shall be known and designated as the Veterans of Foreign
Wars, Post 144, Underpass, and suitable markers bearing said desig-
nation shall be erected and maintained thereon by the state depart-
ment of public works.
Section 2. This act shall take effect upon its passage.
Approved June 9, 1959.
Chap. 365. An Act authorizing the town of webster to use cer-
tain PARK LAND FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Webster acting through its park commis-
sioners may transfer to the school building committee of said town for
the erection thereon of a public school builditig, and for all purposes
incidental thereto including general school purposes, the care, custody,
management and control of a certain parcel of park land located at
the junction of Park avenue and Pay street in said town, being a
portion of IMemorial Park, and bounded and described as follows : —
Beginning at the intersection of the southwesterly line of Park avenue
and the northerly line of Kay street ; thence westerly eight hundred
and forty feet by the northerly line of said Ray street ; thence north-
erly at right angles to said Ray street, a distance of seven hundred
sixteen and fifty-six hundredths feet to a stake at land of Michael
Grigerek et ux; thence easterly at right angles to the last mentioned
course, a distance of three hundred ninety-seven and forty-five hun-
dredths feet by land of said Grigerek and others to an iron pipe in
Acts, 1959. — Chaps. 366, 367, 368. 277
ihe soutiiwestL'rly line of said Park avenue; thence southeasterly, with
an interior angle of one hundred twenty-one degrees and forty-two
minutes, a distance of eight hundred forty-two and twenty-one hun-
clredths feet by the southwesterly line of said Park avenue to the
point of beginning, and containing ten acres, more or less. Being a
portion of the premises conveyed to the town of Webster by S. Slater
and Sons Incorporated by a deed dated April 21, 1923 and recorded
with the Worcester District Registry of Deeds, Book 2296, Page 138.
Section 2. This act shall take elfect upon its passage.
Approved Juno 9, l'J59.
Chap. 366. An Act validating the acts and proceedings at the
ADJOURNED SESSIONS OF THE ANNUAL TOWN MEETING OF
THE TOWN OF WALPOLE IN THE YEAR NINETEEN HUNDRED
AND FIFTY-NINE.
Be it enacted, etc., as follows:
Section 1. The acts and proceedings of the town of Walpole at the
adjourned sessions of the annual town meeting, held on March second,
twenty-third and thirtieth in the current year, and all acts done in
j)ursuance thereof, are hereby confirmed and declared valid, notwith-
standing 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 June 9, 1959.
Chap. 367. An Act providing that a fire fighter in certain cities
AND towns shall NOT BE REQUIRED TO PERFORM THE
DUTIES OF A POLICE OFFICER.
Be it enacted, etc., as follows:
Chapter 48 of the General Laws is hereby amended by adding at the
end the following section: — Section 88. No city or town having a
population of forty thousand persons or more shall require a perma-
nent member of its fire department to perform the duties of a police
officer during his tour of duty. Approved June 9, 1959.
Chap. 368. An Act changing the date op^ the observance of stu-
dent GOVERNMENT DAY.
Be it enacted, etc., as follows:
Section 12M of chapter 6 of the General Laws, as amended by chap-
ter 650 of the acts of 1951, is hereby further amended by striking out,
in line 2 and in line 29, the words "second Friday of March" and in-
serting in place thereof, in each instance, the words: — first Friday of
April. Approved June 9, 1959.
278 Acts, 1959. — Chaps. 369, 370.
Chap. 369. An Act amending the special capital outlay program
OF NINETEEN HUNDRED AND FIFTY-EIGHT TO PROVIDE FOR A
certain refund TO THE TOWN OF lURXSTABLE.
Be it enacted, etc., as follows:
Item 8259-94 of section 2 ol" chapter 650 oi" llie acts of 1958 is hereby
amended by adding at tlie end thereof the following words: — ; and
provided, further, that if any unexpended balance of amounts pah^ to
the federal government under this item is refunded to the common-
wealth, twenty-five per cent of such refund shall be repaid by the
commonwealth to the town of Barnstable. Approved June 9, 1959.
Chap. 370. An Act increasing pensions payable under the per-
manent SCHOOL pension FUND IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Chai)ter 468 of the acts of 1951 is hereby amended by
striking out sections 6 and 7, as amended by section 1 of chapter 594
of the acts of 1955, and inserting in place thereof the following two
sections: — Section 6. The pension payable to any member retired
under section five of this act shall be as follows : — If the member shall
have been retired after service for a period aggregating thirty years
or more, ten of which shall have been in the employ of the school com-
mittee, such member shall receive an annual pension of two thousand
dollars. If the member shall have been retired after service for a
period aggregating less than thirty years, ten of which shall have been
in the employ of the school committee, such member shall receive an
annual pension which bears the same ratio to two thousand dollars as
the total number of years of service of such member bears to thirty;
provided, that the annual pension of such member shall be not less
than twelve hundred dollars.
Section 7. The amount of the pension of every person retired be-
fore the effective date of this act under chapter five hundred and
eighty-nine of the acts of nineteen hundred and eight, as from time to
time amended, and the amount of the pension of every person retired
under this act prior to September first, nineteen hundred and fifty-
nine, shall be re-established in accordance with the provisions of this
act, to date from said September first ; and the amount of tiie pension
of every person granted before the effective date of this act a pension
under section four of chapter six hundred and seventeen of the acts
of nineteen hundred and ten, as amended, shall be re-established at
the minimum amount payable under the last sentence of section six
of this act, to date from said September first. Nothing in this act as
amended shall be construed to decrease the amount of anj'' pension
being paid to any person.
Section 2. Nothing in this act shall be construed to diminish the
reimbursements provided for by section two of chapter six hundred
and seventy-four of the acts of nineteen hundred and forty-seven and
paragraph (c) of subdivision (2) of section twenty of chapter thirty-
two of the General Laws.
Section 3. This act shall take effect on September first in the cur-
rent year ; provided, that ])rior to said date it has been accepted by
vote of the city council of the city of Boston, subject to the provisions
of its charter, but not otherwise. Approved J une 9, 1959.
Acts, 1959. — Chaps. 371, 372, 373. 279
Chap. 371. An xVct extending the time within which applica-
tions FOR the abatement OF EXCISE TAXES ON MOTOR
VEHICLES MAY BE FILED.
Whereas, The deferred operation of lliis act would teud to defeat
its puri)usie, wliicli is to afford fortliwilii an extension of time within
which applications for abatement of excise taxes on motor vehicles
may be tiled, therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Section 2 of chapter 60A of the General Laws is hereby
amended by striking out the ninth sentence, as appearing in section 2
of chapter 6-10 of the acts of 1954, and inserting in place thereof the
following sentence: — The owner, if aggrieved by the excise assessed,
may on or before June thirtieth of the year next succeeding the year
to which tlie excise relates or, if the notice of assessment is first sent
after June first of such succeeding year, on or before the thirtieth day
after the date on which such notice is so sent, apply for an abatement
to the board of assessors or the state tax commission, as the case may
be, and, from a decision of the board of assessors upon such applica-
tion, an appeal may be taken to the county commissioners or to the
appellate tax board, all in accordance with section sixty-four or sixty-
five of chapter fifty-nine, or from a decision of the commission an ap-
peal may be taken to the appellate tax board in the time and manner
provided in the case of appeals taken pursuant to section seventy-one
of chapter sixty-three.
Section 2. This act shall apply to excises assessed before or after
tlie effective date of this act for the privilege of registration in the
year nineteen hundred and fifty-nine and thereafter under chapter
ninety of the General Laws. Approved June 12, 1959.
Chap. 372. An Act providing tenure for william aldrich, provi-
sional police officer in the town of lee.
Be it enacted, etc., as follows:
Section 1. AVilliam Aldrich, a provisional police officer in the
town of Lee, shall be deemed to be permanently appointed as police
officer in accordance with chapter thirty-one of the General Laws; pro-
vided, he passes a qualifying examination to which he shall be sub-
jected by the division of civil service, which examination shall not
include a physical examination or strength test.
Section 2. This act shall take effect upon its acceptance by a
majority of the voters of the town of Lee present and voting thereon
at an annual town meeting. Approved June 12, 1959.
Chap. 373. An Act postponing the effective date of certain ele-
vator and escalator regulations.
Be it enacted, etc., as follows:
The effective date of the revised elevator and escalator regulations
(ELY-I Eevised) made by the board of elevator regulations, in ac-
280 Acts, 1959. — Chaps. 374, 375, 376.
cordance with the provisions of section sixty-nine of chapter one
hundred and forty-three of the General Laws, shall be January first,
nineteen hundred and sixty-four. Approved June 12, 1959.
Cliap. 374. An Act further regulating the date of municipal
ELECTIONS IN THE CITY OF xMALDEN.
Be it e7iacted, etc., as follows:
Section 9 of chapter 169 of the acts of 1881, as amended by section 1
of chapter 286 of the acts of 1958, is hereby further amended by strik-
ing out the first sentence and inserting in place thereof the following
sentence : — On the first Tuesday after the first Monday in November
in each odd numbered year the qualified voters in the several wards
shall give in their votes b.y ballot for mayor, city councillors, and school
committee, in accordance with the provisions of law.
Approved June 12, 1959.
Chap. 375. An Act reviving rio casino, inc.
Be it enacted, etc., as follows:
Section 1. Rio Casino, Inc., a corporation dissolved on December
thirtieth, nineteen hundred and fifty-two, by decree of the supreme
judicial court for Suffolk County, shall be revived, in accordance with
the provisions of section two of this act.
Section 2. The commissioner of corporations and taxation shall
file in the office of the secretary of state a certificate in such form as he
may prescribe reviving said cor])oration. He may subject the revival
of said corporation to such terms and conditions, as in his judgment
the public interest requires, including more specifically and without
limiting the foregoing, the filing of all returns and documents re-
quired by laAV to be filed in this commonwealth by domestic business
corporations and the payment of all taxes, interest and penalties and
fees found to be due the commonwealth. Upon the filing of said
certificate, said corporation shall stand revived with the same powers,
duties and obligations as if it had not been dissolved, except as other-
wise provided in said certificate; and all acts and proceedings of its
officers, directors and stockholders or mend^ers, acting or purporting
to act as such, which would have been legal and valid but for such
dissolution, shall, except as aforesaid, statul ratified and confirmed.
Approved June 22, 1959.
Chap. 376. An Act rel.\tivk to the authoritv ok cities and towns
TO appropriate funds for local councils for the
AGING.
Be it enacted, etc., as follows:
Section 5 of chapter 40 of the General Laws is hereby amended by
striking out clause (49), as most recently amended by section 2 of
chapter 406 of the acts of 1957, and inserting in place thereof the
following clause : —
Acts, 1959. — Chap. 377. 281
(•19) For tlie ])urpose of eo-ordiiuitiii{,^ or conducting programs deal-
ing with problems of the aging and to promote facilities for the health,
education, welfare and recreation of the aging, as authorized by sec-
tion eight J\ not in excess of three thousand dollars annually.
Approved June 22, 1959.
Chap. 377. Ax Act authorizing the county commissioners of the
COUNTY OF BARNSTABLE TO PURCHASE OR TAKE BY EMINENT
DOMAIN A CERTAIN PARCEL OF LAND IN SAID COUNTY FOR
SEWAGE PURPOSES.
Be it enacted, etc., as follows:
Section 1. The county commissioners of the county of Barnstable
are hereby authorized to purchase or take by eniiuent domain, under
chapter seventy-nine of the General Laws, a certain parcel of land to
be used for treatment, purification and disposal of sewage, said parcel
being located in the town of Barnstable and bounded and described as
follows: — Beginning at a county bound at the southwesterly corner of
tlie premises, at a point at the northeasterly corner of land owned by
the county of Barnstable; thence running in a northwesterly direc-
tion, at an angle of 35° 40', 68.25 feet to a point where a county bound
will be set ; thence turning and running in a northeasterl3' direction
at an angle of 37° 38' 20", 100 feet to a point where a county bound
will be set ; thence turning and running in a northeasterly direction at
an angle of 8° 42' 20", 49.16 feet to a point where a county bound will
be set; thence turning and running in a northeasterly direction at an
angle of 62° 01' 50", 57.99 feet to a point where a county bound will
be set; thence turning and running in a northeasterly direction at an
angle of 37° 38' 20", 63.33 feet to a point where a county bound will be
set; thence turning and running in a northeasterly direction along the
remains of a fence at an angle of 51° 53' 20", 203.01 feet to a point
where a county bound will be set; thence turning and running in a
southwesterly direction at an angle of 19° 24' 50", 99.61 feet to a point
where a county bound will be set; thence turning and running in a
southeasterly direction at an angle of 35° 40', 196 feet to a point
where a stone bound will be set; thence turning and running in a
southwesterly direction at an angle of 54° 20', 75 feet to a stone bound ;
thence turning and running in a northwesterly direction at an angle
of 35° 40', 100 feet to a point where a stone bound will be set; thence
turning and naming in a southwesterly direction at an angle of 54°
20', 300 feet to the point of beginning. Said parcel containing 53,430
square feet of land more or less and being shown as parcel 2 on a plan
of land entitled "Plan showing proposed land takings for extension
of county sewage system at Barnstable, ]\Iass. by the County of Barn-
stable, scale fifty feet to the inch, E. D. Kellogg, civil engineer."
Section 2. Said county commissioners are also authorized to pur-
cliase or take by eminent domain under said chapter seventy-nine such
easements over land adjacent to the land described in section one as
may be necessary for drainage purposes in order to make the maximum
use of said land for the purpose for which it was acquired.
Approved June 22, 1959.
282 Acts, 1959. — Chaps. 378, 379.
Chap. 378. An Act further regulating tue length op semi-
trailer UNITS USING the HIGHWAYS OF MASSACHUSETTS.
Be it enacted, etc., as follows:
The first paragraph of beetion 19 of chapter 90 of the General Laws,
as appearing in chapter 573 of the acts of 1951, is hereby amended by
striking out, in line 16, the word "forty-five" and inserting in place
thereof the word : — fifty, — so that the first sentence will read as fol-
lows : — No motor vehicle or trailer, the outside width of which is more
than ninety-six inches or the extreme over-all length of which is more
than thirty-three feet or, in the case of a motor bus or truck, thirty-five
feet, shall be operated on any way without a special permit so to oper-
ate from the board or officer having cliarge of such way or, in case of
a state highway or a way determined by the department of public
works to be a through route, from said department; provided, that
such width may be exceeded by the lateral projection of pneumatic
tires beyond the rims of the wheels for such distance on either side of
the vehicle or trailer as will not increase its outside width above one
hundred and two inches; and provided, further, that the extreme
over-all length of a semi-trailer unit, wherever used, may exceed
thirty-three feet but not fifty feet, and that such length of any other
motor vehicle, or any trailer, when used for the transportation of
poles or single units of lumber or metal, may exceed thirty-three feet
but not sixty feet, except as authorized by a special permit granted as
aforesaid. Approved June 22, 1959.
Chap. 379. An Act providing tenure of office for russell reid,
incumbent of the office of chief of police of the
town of rayniiam.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Russell Reid, incumbent of the
office of chief of police in the town of Raynham, shall, upon the effec-
tive date of this act, be unlimited during good behavior. Said incum-
bent shall not be removed from office, lowered in rank or suspended,
except for just cause and for reasons given him in writing by the
board of selectmen.
Section 2. This act shall be submitted to the voters of the town of
Raynham at the annual town meeting in the year nineteen hundred
and sixty in the form of the folloAving question, which shall be placed
uj)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 year
nineteen hundred and fifty-nine, entitled 'An Act providing tenure of
office for Russell Reid, incumbent of the office of chief of police of the
town of Raynham ', be accepted ? " If a majority of the votes in answer
to said question is in the affirmative, this act shall thereupon take full
effect, but not otherwise. Approved June 22, 1959.
Acts, 1959. — Chaps. 380, 381. 283
Chap. 380. Ax Aw authorizing the town of Wilmington to use
CERTAIN FUNDS FOR THE PURPOSE OF DEVELOPING ADDI-
TIONAL WELL FIELDS, INCLUDING WELLS, PIPES AND ORIG-
INAL PUMPING STATION EQUIPMENT.
lie it enactfd, etc., as follows:
Section 1. Notwithstanding the provisions of section twenty of
chapter forty-four of the General Laws, the town of Wilmington is
hereby authorized to appropriate and expend for the p^irpose of de-
veloping additional well fields, including wells, pipe> and original
]»uinping station equipment, the sum of fifty-one thousand six hundred
and three dollars from the balance remaining of a loan issued by said
towu under the provisions of clause (4) of section eight of said
chapter forty-four for constructing a standpipe.
Section 2. This act shall take effect upon its passage.
Approved June 29, 1959.
Chap. 381. An Act providing that a physician or a dentist em-
I'LOYED as an intern IN A MUNICIPAL HOSPITAL MAY ELECT
whether or not to JOIN THE CONTRIBUTORY' RETIREMENT
SYSTEM.
^Vlicrcas, The deferred operation of this act would tend to defeat
its purpose, which is in part to immediately allow a physician or a
dentist employed as an intern in a municipal hospital to elect whether
or not he shall become a member of the contributory retirement sys-
tem, therefore it is hereby declared to be an emergencj' law, necessary
for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Paragraph (a) of subdivision (2) of section 3 of chapter 32 of the
General Laws is hereby amended by striking out clause (iv), as most
recently amended by section 2 of chapter 321 of the acts of 1958, and
inserting in place thereof the following clause : —
(iv) Any person, except as specifically otherwise provided for in
sections one to twenty-eight, inclusive, who, while under age sixty,
enters or re-enters the service as an employee of the commonwealth, a
teacher as defined in section one, or an employee of any political sub-
division of the commonwealth for which a system established under the
provisions of such sections, or under corresponding provisions of
earlier laws, is in operation on the date when he becomes an employee ;
provided, that any such person who becomes regularly employed, as
determined by the board as provided for in paragraph (d) of this
subdivision, on a part-time, provisional, temporary, temporary pro-
visional, seasonal or intermittent basis, shall become a member in
service, if he is to be classified in Group 1, upon the completion of six
calendar months of service, and any other such person shall become a
member in service upon his entry into service ; and provided, further,
tliat a physician or dentist who is employed as an intern in a municipal
h()sj)ital shall not liecome a member unless he files a written applica-
tion for membership within ninety days of his appointment.
Approved June 29, 1959.
284 Acts, 1959. — Chaps. 382, 383.
Chap. 382. An Act providing for a reduction in sentence for
PRISONERS IN jails AND HOUSES OF CORRECTION WHO
DONATE BLOOD FOR CERTAIN CAUSES.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to provide forthwith for uniformity in the appli-
eatiou of the system provided for reduction of sentences of prisoners
who donate blood in jails, houses of correction and other correctional
institutions of the commonwealth, therefore it is hereby declared to
be an emergency law, necessary for the immediate preservation of the
public safety.
Be it enacted, etc., as follows:
Section 1. Chapter 127 of the General Laws is hereby amended bj^
striking out section 12'JA, inserted by chapter 22-1 of the acts of the
current year, and inserting in place thereof the following section : —
Section 129 A. A prisoner of any correctional institution of the com-
monwealth or of any jail or house of correction whose term of impris-
onment is thirty days or more may have his sentence reduced by five
days for each pint of blood donated by him to any veterans' organiza-
tion, civil defense unit, or hospital, or to the armed forces of the
United States, or the Ked Cross, or for the i)urposes of scientific re-
search. Each prisoner shall be limited to four donations a year. Any
reduction of sentence so earned shall not be subject to forfeiture. The
blood so donated shall not be use<l in anj' way commercially or for a
profit. A list of all such blood donors and the amounts of blood
donated by each shall be kept b}^ the superintendent of the correctional
institution or the keeper or master of the jail or house of correction
and shall be forwarded to the commissioner of correction, the county
commissioners or, in the county of Suffolk, the penal institutions com-
missioner of the city of Boston, respectively.
Section 2. This act shall take effect on July twentieth, nineteen
hundred and fifty-nine. Approved June 29, 1959.
Chap. 383. An Act relative to the membership of the academic
BOARD OF THE MASSACHUSETTS MILITARY ACADEMY.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to increase forthwith the number of connnissioned
officers on the academic board of the Massachusetts Military Academy
and to provide that the senior army advisor and the commandant of
the academy shall be members of said board, therefore it is hereby
declared to be an emergency law, necessary for the innnediate preser-
vation of the public welfare and convenience.
Be it enacted, etc., as follows:
Section V.) of chapter 33 of the General Laws, as appearing in sec-
tion 1 of chapter 590 of the acts of 1954, is hereby amended by striking
out paragi'aph {h) and inserting in place thereof the following para-
graph :—
{!)) Under such reguiations as the commander-in-chief may pre-
scribe, the educational jjolicies, courses of study, standards of admis-
sion and graduation of the academy shall be determined by an aca-
demic board of twelve commissioned officers, of whom one shall be the
Acts, 1959. — Chaps. 384, 385. 285
seuior army advisor and one shall be the commandant of the academy,
to be appointed by the commantler-in-chief. At least a majority of the
members of said academic board shall be active officers of the national
guard, army or air, at the time of their appointment. Members of the
academic board shall serve for such terms as the commander-in-chief
may prescribe, or until relieved by his order.
Approved June 29, 1959.
Chap. 384. Ax Act validating certain proceedings of the mendon-
UPTON regional SCHOOL DISTRICT COMMITTEE.
Be it enacted, etc., as follows:
Section 1. The proceedings heretofore taken by the Mendon-Upton
regional district school committee authorizing the issuance of bonds of
the Mendon-Upton Regional School District to the amount of one mil-
lion, one hundred and fifty thousand dollars and awarding a contract
for construction of a regional school building including without limi-
tation the vote of said regional school district committee passed April
fourth, nineteen hundred and fifty-nine, are hereby validated, and said
bonds may be issued accordingly without further opportunity to the
member towns to express disapproval of the amount of said bonds.
Section 2. This act shall talce efliect upon its passage.
Approved June 29, 1959.
Chap. 385. An Act relative to residence requirements of appli-
cants FOR aid to dependent CHILDREN.
^Yhereas, The deferred operation of this act would tend to defeat
its purpose, which is to make the residence requirements for aid to
dependent children comply with Title IV of the federal social security
act and thereby assure continued receipt of federal funds under said
social security act, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public welfare
and public convenience.
Be it enacted, etc., as follows:
The first sentence of section 2 of chapter 118 of the General Laws, as
most recently amended by chapter 349 of the acts of 1958, is hereby
further amended by inserting after the word "application", in line
11, the words: — or birth, — so as to read as follows: — In every town
the board of public welfare, subject to the super^asion of the depart-
ment and in compliance with the rules and regulations adopted by the
department pursuant to the provisions of this chapter, shall aid every
parent in pi-operly bringing up, in his or her own home, each de-
pendent 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
unloss (1) such child has resided in the commonwealth one year im-
mediately preceding the apj)lication 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 pre-
ceding the application or birth. Approved June 29, 1959.
286 Acts, 1959. — Chaps. 386, 387, 388.
Chap. 386. An Act authorizing the town of millis to appropri-
ate MONEY IN connection WITH THE CELEBRATION OF THE
SEVENTY-FLB^TH ANNIVERSARY OF SAID TOWN 's INCORPORA-
TION.
Be it enacted, etc., as follows:
Section 1. Notwithstaudiug the provisions of clause (27) of sec-
tion five of chapter forty of the General Laws, the town of ]\Iillis is
hereby authorized to appropriate a sum of money, not to exceed
twenty-five hundred dollars, to be expended for entertainment and
other events in connection Avith the proposed celebration of the sev-
enty-fifth anniversary of the incorporation of the town of ]\Iillis. The
money so appropriated shall be disbursed under the direction of the
board of selectmen.
Section 2. Any action taken by the town of Millis at its annual
town meeting held 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
meeting was posted.
Se(?tion 3. This act shall take effect upon its passage.
Approved June 29, 1959.
Chap. 387. An Act further extending the opportunity to cities
AND TOWNS TO BORROW UNDER THE ACT CREATING THE
EMERGENCY FINANCE BOARD.
Whereas, The provisions of law sought to be extended by this act
would, but for this act, shortly cease to be effective, but the circum-
stances and conditions which made advisable their enactment still
continue and it is accordingly desirable that said provisions continue
in effect without interruption, therefore this act is hereby declared
to be an emergency law, necessary for the immediate preservation of
the public convenience.
Be it enacted, etc., as follows:
Section 1. Section 2 of chapter 49 of the acts of 1933, as most
recently amended by section 1 of chapter 209 of the acts of 1957, is
hereby further amended by striking out, in line 14, the word "fifty-
nine" and inserting in place thereof the word: — sixty-one, — by strik-
ing out, in line 26, the word "sixty" and inserting in place thereof
the word: — sixty-two, — and by striking out, in line 39, the word
"sixty-one" and inserting in place thereof the word: — sixty-three.
Section 2. Section 5 of said chapter 49, as most recently amended
by section 2 of said chapter 209, is hereby further amended bj'' striking
out, in lines 16 and 17, the word "sixty-two" and inserting in place
thereof the word: — sixty-four. Approved June 29, 1959.
Chap. 388. An Act relative to the registration of certain per-
sons AS hairdressers.
Be it enacted, etc., as follows:
Section 1. The schedule in section 87CC of chapter 112 of the
General Laws, as appearing in chapter 501 of the acts of 1954, is
Acts, 1959. — Chap. 389. ' 287
hereby ameiuled by iuscrliiig after iJie sixth item the iollowiiig item: —
Hairdressers (re-examination) $5.00 $3.00,-
aud by inserting after the fifteenth item tlie following item :
Temporary license 10.00 5.00.
«HCTiON 2. Chapter 508 of the acts of 1957 is hereby amended by
striking out section 3 and inserting in place thereof the following sec-
tion: — Section 3. Notwithstanding the provisions ol! section eighty-
seveu V and eighty-seven W of chapter one hundred and twelve of the
General Laws, any person who was never registered as a hairdresser,
operator or manicurist within the commonwealth but who prior to
January first, nineteen hundred and thirty-six practiced as such within
the connuonwealth and who submits notarized affidavits satisfactory
to the board that he so practiced, shall file application for examination
accompanied by examination fee as provided in section eighty-seven
CC of chapter one hundred and twelve of the General Laws and upon
completion of a refresher course of at least five hundred hours as a
hairdresser or operator of professional training and fifty hours as a
manicurist in a school approved by the board, and upon passing an
examination satisfactory to the board, may be registered by the board
and may thereafter practice as such within the commonwealth for a
period of original registration and thereafter upon payment annually
of a renewal fee as provided in said section eighty-seven CC. Upon
completion of the required refresher course said applicant may file
application plus an additional fee of five dollars and be granted a
temporary license authorizing him to practice as such hairdresser,
operator or manicurist as the case may be. Such temporary license
shall bear an expiration date, which shall be six months from date of
issuance, and the place of employment of such temporary licensee. If
such applicant fails to appear for examination in accordance with the
]jrovisions of section eighty-seven KK of said chapter one hundred and
twelve during such period, he shall forfeit such temporary license, as
well as the fee for examination. There shall be no refund once a
temporary license has been issued to the applicant.
Approved June 29, 1959.
Chap. 389. An Act relative to the payment of salaries, wages or
OTHER MONEY OWING BY THE COMMONW^EALTII UPON THE
DEATH OF OFFICERS OR EMPLOYEES.
Be it enacted, etc., as follows:
Chapter 29 of the General Laws is hereby amended by inserting
after section 31C the following section : — Section 31D. AVhenever an
officer or employee or former officer or employee of the commonwealth
dies, and the commonwealth owes him any sum or sums, not exceeding,
in the aggregate, five hundred dollars, by reason of services rendered
or by reason of the terms of his employment, the state treasurer may,
after the expiration of thirty days from the date of death of such
decedent, provided no petition for letters testamentary or letters of
administration has been filed with the probate court of the county in
which the decedent resided and no attested copy of a statement duly
288 Acts, 1959. — Chaps. 390, 391.
filed under sectiou bixteeu of chapter one hundred and ninety-five has
been issued by tlie register of said probate court, pay such sum or sums
to tlie husband, widow, or next of kin of such officer or employee.
Payments made as provided in this section shall discharge the liability
of the commonwealth 1o all persons with respect to such sum or sums.
Approved June 29, 1959.
Chap. 390. An Act providing for the hearing by the state ballot
LAW C0:\[ MISSION OF PROTESTS AGAINST THE VALIDITY OR
SUFFICIENCY OF PETITIONS FOR THE RESTORATION OF VOTING
BY PROPORTIONAL REPRESENTATION IN CERTAIN PLAN E
CITIES.
Be it enacted, etc., as follows:
Section 1. Section 2 of chapter 152 of the acts of 1954 is hereby
amended by striking out, in line 3, the word "sixt}'" and inserting in
place thereof the words : — one hundred and forty.
Section 2. Said chapter 152 is hereby further amended by in-
serting after section 2 the following section: — Section 2A. If any
question arises as to the validity or sufficiency of the petition or of the
signatures thereon, any registered voter of the city may appeal to the
state ballot law commission for a determination of said question, by
filing a notice of such appeal with the city council, and with the clerk
of the election commission or the board of registrars of voters within
sixty days after the date the petition was filed with the city clerk.
The state ballot law commission shall give such voter a hearing on
said protest and shall within thirty days render a decision thereon.
Said commission shall submit notice of its decision forthwith to the
city council. Approved June 29, 1959.
Chap. 391. An Act providing life tenure for henry j. sliwoski,
incumbent of the offices of chief of police and cus-
todian OF town hall of the town of HATFIELD.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Henry J. Sliwoski, incumbent
of the offices of chief of police and custodian of town hall of the town
of Hatfield shall be unlimited in each of said offices, but he may be
removed from either or both of said offices for cause after hearing in
the manner provided by section forty-three of chapter thirtj^-one of
the General Laws.
Section 2. This act shall be submitted to the voters of said toAvn
at the annual town meeting to be held in the year nineteen hundred
and sixty 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-nine, entitled 'An Act providing life
tenure for Henry J. Sliwoski, incumbent of the offices of chief of police
and custodian of town hall of the town of Hatfield', be accepted?" If
a majority of the votes east in answer to said question is in the affirma-
tive, this act shall take full effect, but not otherwise.
Approved June 29, 1959.
Acts, 1959. — Chap. 392. 289
Chap. 392. AxV xVct tkoviding fou the mekgeu and union of the
UARVAKD ALUiMNI CHORUS, INC. WITH HARVARD GLEE CLUB
FOUNDATION, INC., AND THE TRANSFER OF THE PROPERTY
OF SAID THE HARVARD ALUMNI CHORUS, INC. TO SAID HAR-
VARD GLEE CLUB FOUNDATION, INC.
Be it enacted, etc., as follows:
Section 1. The Harvard Alumni Chorus, Inc., incorporated pur-
suant to the provisions of chapter one liundred and twenty-five of the
Hevised Laws, the certificate of incorporation of which is dated Novem-
hei- eighth, nineteen liundred and sixteen, is hereby authorized to
merge in and unite with Harvard Glee Club Foundation, Inc., iu-
e-orporated pursuant to the provisions of chapter one hundred and
eighty of the General Laws, the certificate of incorporation of which
is dated December fifteenth, nineteen hundred and forty-nine, and
said Harvard Glee Club Foundation, Inc. shall, in all respects, be a
continuation of said The Harvard Alumni Chorus, Inc. and shall be
its lawful successor and shall have all of the corporate powers and
privileges now provided to each of said existing corporations, and
shall be subject to all the duties, liabilities and restrictions of each of
said existing corporations, in so far as they relate to the merging
corporations.
Section 2. Upon such merger and union, all property, real and
personal, of said The Harvard Alumni Chorus, Inc. and all devises, be-
quests, conveyances and gifts heretofore and hereafter made to it,
shall vest in Harvard Glee Club Foundation, Inc. and otherwise be
held b.y it, subject to the same terms, conditions, limitations and trusts
as are now held by said The Harvard Alumni Chorus, Inc. or would
have been held by said The Harvard Alumni Chorus, Inc. but for this
act, and the treasurer of said The Harvard Alumni Chorus, Inc. is
herebj' authorized to execute and deliver all papers and documents
that may be deemed necessary or proper for the purpose of confirming
in said Harvard Glee Club Foundation, Inc. the record title to the
property of said The Harvard Alumni Chorus, Inc.
Section 3. Upon such merger and union the members of said The
Harvard Alumni Chorus, Inc. shall be the members of said Harvard
Glee Club Foundation, Inc. until such time as said Harvard Glee Club
Foundation, Inc. shall by an amendment to its by-laws alter its
membership.
Section 4. Upon the acceptance of this act within one year after
its passage by said The Harvard Alumni Chorus, Inc. and by said
Harvard Glee Club Foundation, Inc., pursuant to authorization at
meetings duly called for the purpose, duly certified copies of the re-
spective votes of acceptance shall be filed in the registry of deeds for
the southern district of the county of Middlesex and in the office of the
state secretary, and, upon such filing, such merger and union of the
corporations shall be complete.
Section 5. "Whatever right or authority is granted or conferred
by this act is hereby declared to be limited to such authority or right
as the general court may constitutionally grant or confer, without
prejudice to any proceeding that may be instituted in any court of
competent jurisdiction to effect the purposes of this act.
Approved June 29, 1959.
290 Acts, 1959. — Chaps. 393, 394, 395.
Chap. 393. An Act relating to the nuNTiNGTON-MONTGOMERY
KEGIONAL SCHOOL DISTRICT AND VALIDATING PROCEEDINGS
RELATING THERETO AND OTHER PROCEEDINGS OF THE TOWN
OP HUNTINGTON AND PROVIDING FOR A SPECIAL TOWN
MEETING OF SAID TOWN.
Be it enacted, etc., as follows:
Section ] . The proceedings heretofore taken relating to the estab-
lishment of the Huntington-Montgomer}^ Kegional School District are
hereby validated, and said district is hereby declared to be, and at all
times since its eslablisliment to have been, a valid district with all
the rights, powers and duties of districts duly established under section
fifteen of chapter seventy-one of the General Laws.
Section 2. All proceedings heretofore taken by the town of Hunt-
ington at town meetings held since December twenty-seventh, nineteen
hundred and thirty-five, are hereby validated, notwithstanding any
defect in the warning of such meetings and more j)articularly in the
posting of the warrants, to the same extent as if such meetings had
been duly warned in all respects.
Section 3. Said town is hereby authorized to hold a special town
meeting during the current year for the purpose of repealing the by-
law adopted at a special town meeting held on December twenty-
seventh, nineteen hundred and thirty-five, relative to the posting of
warrants and to take such further action relative to the posting of
warrants as the town may determine. Approved June 29, 1959.
Chap. 394. An Act authorizing the unitarian church of marble-
head TO use certain land formerly used for cemetery
purposes.
Be it enacted, etc., as follows:
The Unitarian Church of Marblehead is hereby authorized to erect
an addition to its present church building on land adjacent thereto
and formerly used for cemetery purposes ; and said church is hereby
further authorized to remove any remains interred on said land and
reinter the same in another portion of said cemetery, marking the new
graves in so far as now marked, or to permit any descendant or rela-
tive of any person interred to remove the remains of such person, and
reinter such remains in accordance with applicable laws and regula-
tions concerning burial. Approved June 29, 1959.
Chap. 395. An Act relative to the retirement of certain vet-
erans IN the town of winthrop.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of section sixty of
chapter thirty-two of the General Laws, the provisions of sections
fifty-six to fifty-nine, inclusive, of said chapter shall be in effect in
the town of Winthrop, ])r()vided, that no veteran whose employment
first began after June thirtieth, nineteen hundred and thirtv-nine,
Acts, 1959. — CKAr. 396. 291
shall be subject to the provisions of said sections fifty-six to fifty-nine,
iuelusive.
Section 2. This act shall take effect upon its acceptance by a
majority vote of the town meeting members at an annual or special
town meeting called for the purpose. A^) proved June 29, 1959.
Chap. 396. An Act relative to the sale of agricultural, vege-
table, FLOWER AND OTHER KINDS AND MIXTURES OF SEEDS.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 94 of the General Laws is hereby
amended bj^ striking out the two paragraphs defining "Inert matter"
and "Lot", as appearing in the Tercentenary Edition.
Section 2. Said chapter U-l is hereby further amended by striking
out sections 261A to 2t)lK, inclusive, inserted by section 2 of chapter
377 of the acts of 194(3, and insei'ting in place thereof the following
eleven sections : —
Section 261A. The following words, as used in sections two hun-
dred and sixty-one A to two hundred and sixty-one K, inclusive, un-
less the context otherwise requires, shall have the following mean-
ings:—
"Commissioner", the commissioner of agriculture.
"Director", the director of the Massachusetts agricultural experi-
ment station.
"Agricultural seeds", seeds of grass, forage, cereal, mangel beets,
and fiber crops and any other kinds of seeds commonly recognized as
agricultural, lawn or field seeds, and mixtures of such seeds.
"Vegetable seeds", seeds of those food crops which are grown in
gardens and on truck farms and are generally known and sold under
the name of vegetable or herb seeds.
"Flower seeds", seeds of herbaceous plants grown for their blooms,
ornamental foliage or other ornamental parts and commonly known
and sold under the name of flower seeds.
"Tree and shrub seeds", seeds of woody plants commonly known
and .sold as tree or shrub seeds.
"Weed seeds", the seeds of all plants generally recognized as weeds,
including noxious-weed seeds.
"Xoxious-weed seeds", are hereby divided into two classes, "Pro-
hibited noxious-weed seeds" and "Restricted noxious-w-eed seeds", as
hereinafter defined ; provided, that the commissioner may add to or
subtract from the list of seeds included under either definition when-
ever he finds, after public hearing, that such additions or subtractions
are or are not within the respective definitions.
"Prohibited noxious-M-eed seeds", seeds of perennial weeds such
as not only reproduce by seed, but also si)read by underground roots
or stems and other reproductive parts and which, when established, are
highly destructive and difficult to control by ordinary good cultural
practice, including the seed of Canada thistle (Cirsinra arvense), field
bindweed (Convolvulus arvensis), and quack grass (Agropj^ron
repens).
292 Acts, 1959. — Chap. 396.
"Restricted noxious-weed seeds", seeds of such weeds as are very
objectionable in fields, lawns or gardens, but can be controlled by good
cultural practice; including the seeds of dodder (Cuscuta spp.), horse-
nettle (Solanum carolinense), wild mustards (Brassica spp.), wild
garlic and wild onion (Allium spp.), perennial sowthistle (Sonchus
arvensis), corncockle (Agrostemma githago), buckhorn plantain
(Plantago lanceolata), wild radish (Raphanus raphanistrum), and
bedstraw (Galium spp.).
"Labeling", all labels, and other written, printed or graphic repre-
sentations, in any form, accompanying and pertaining to any seed
whether in bulk or in containers, including invoices.
"Advertisement", all representations, other than those on the label,
disseminated in any manner or by any means, relating to seed within
the scope of said sections two hundred and sixt^'-one A to two hundred
and sixty-one K, inclusive.
"Stop sale", an administrative order provided by law, restraining
sale, use, disposition and movement of a definite amount of seed.
' * Seizure ' ', a legal process carried out by court order against a defi-
nite amount of seed.
"Kind", one or more related species or subspecies which, singly or
collectively, is known by one common name, for example, corn, oats,
alfalfa or timothj^
"Variety", a subdivision of a kind characterized by growth, yield,
disease resistance, plant, flower, fruit, seed or other characteristics by
which it may be differentiated under certain conditions from other
plants of the same kind, including hybrid designations.
"Lot", a definite quantity of seed which is identified by the same lot
number or other mark, each portion or container of which is represent-
ative of the whole quantity.
"Hybrid", the first generation of a cross produced under controlled
pollination, the parents of which are each sufficiently uniform to per-
mit repeated production of the hybrid without change in performance.
"Pure seed", agricultural, vegetable, flower and tree or shrub seeds,
exclusive of inert matter, weed seeds, and all other seeds distinguish-
able from the kinds, or kinds and varieties, being considered.
"Percentage of germination", the percentage of seeds, other than
hard seeds, which are capable of producing normal seedlings under
favorable conditions.
"Percentage of hard seed", the percentage of seeds which are in-
capable of sprouting promptly ])ecause their outer structures are im-
permeable to water.
"Inert matter", all matter not seeds, including broken seeds, sterile
florets, chaff and stones.
"Other agricultural seeds", agricultural seeds other than those in-
cluded in the percentage or percentages of kind, variety or type and
may be expressed as "crop seeds" or "other crop seeds" but the per-
centage shall include collectively all kinds, varieties or types not
named upon the label.
"Treated", seed that has received an application of a substance or
process whicli substance or process is designed to reduce, control or
repel certain disease organisms, insects or other pests attacking such
seeds or seedlings growing therefrom.
Acts, 1959. — Chap. 396. 293
"Certified", "Registered", "Foundation", or any other terms con-
veying similar meaning when referring to seed, seed which has been
Itroduced, processed and labeled in accordance with the procedures and
in compliance with the rules and regulations of an officially recognized
certification agency or agencies.
"Officially recognized", recognized and designated by the laws or
regulations of any state, the United States, any province of Canada,
or the government of any foreign country wherein said seeds were
produced.
Section 261B. Except as otherwise provided in section two hun-
dred and sixty-one D, each container of agricultural, vegetable, flower
or tree and shrub seed which is sold, offered for sale or exposed for
sale within the commonwealth for sowing purposes shall bear thereon,
or have attached thereto in a conspicuous place on one side of a plainly
written or printed label or tag, in the English language, the following
information : —
(1) The name and address of the person who labeled said seed, or
who sells, offers or exposes said seed for sale within the commonwealth.
(2) If said seed has been treated, in which case a separate label may
be used, a word or statement indicating that the seed has been treated,
the commonly accepted coined, chemical or abbreviated chemical name
of the applied substance, and, if the substance in the amount present
with the seed is harmful to humans or other vertebrate animals, a
statement advising caution such as "Do not use for food, feed or oil
purposes", or if said seed contains mercurials or similarly toxic sub-
stances, a statement or symbol indicating that it is poisonous.
A. Agricultural Seeds (including lawn seeding mixtures). — •
(1) The commonly accepted name of the kind and variety of each
agricultural seed component in excess of five per cent of the whole,
and the percentage by weight of each in the order of its predominance.
In the case of barley, buckwheat, oats, rye or wheat, when the variety
thereof is unknow^n, the label or tag shall have printed thereon the
words "Variety Unknown". When more than one component is re-
quired to be named, the word "mixture" or the word "mixed" shall
be shown conspicuously on the label.
(2) The lot number or other lot identification.
(3) The origin, if known, of alfalfa, red clover, white clover and
field corn (except hybrid corn). If the origin is unknown, that fact
shall be stated.
(4) The percentage by weight of all weed seeds.
(5) The name and number of each kind of "Restricted" noxious-
weed seed per pound when present.
(6) The percentage by weight of agricultural seeds other than those
named on the label, or voluntarily named which may be designated as
"other crop seed."
(7) The percentage by weight of inert matter.
(8) For each named agricultural seed: —
(a) The percentage of germination, exclusive of hard seed.
{h) The percentage of hard seed, if present,
(c) The calendar month and year the test was completed to
determine such percentages.
294 Acts, 1959. — Chap. 396.
B. Vegetable Seeds. —
(1) For peas, beans and sweet corn in containers of one pound or
less, and all other kinds of vegetable seeds in containers of one quarter
pound or less.
(a) The date of test or calendar year for which seed is pack-
aged.
{h) The kind and variety of seed.
(c) For seed that germinates less than the standard last
adopted b}^ the director :
1. Percentage of germination, exclusive of hard seed.
2. Percentage of hard seed, if present.
3. The calendar month and year the test was completed to
determine such percentages.
4. The words "Below Standard" in not less than eight
point type.
(2) For peas, beans and sweet corn in containers of more than one
pound and all other kinds of vegetable seeds in containers of more than
one quarter pound.
(a) The kind and variety of seed.
(&) Lot number or other lot identification.
(c) Percentage of germination, exclusive of hard seeds.
[d) Percentage of hard seed, if present.
(c) For seed germinating less than the standard, the words
"Below Standard" in not less than eight point type.
(/) The calendar month and year the test was comi)leted to de-
termine such percentages.
C. Flower Seeds. —
For those kinds of flower seeds where there are annual, biennial and
perennial sorts, or any two of such sorts a statement in a conspicuous
location on the seed container to indicate whether the seed is of the
annual, biennial or perennial sort.
1. For flower seeds in packets for use in home flower gardens.
(a) The date of test or calendar year for which seed is packaged.
(&) Name of the kind and variety (if any) or a statement of
type and performance characteristics as prescribed in regu-
lations.
(r) For those kinds of seeds for which standard testing proce-
dures shall liave been ado]ited, and which germinate less
than the standard last adopted by tlie director and approved
by the commissioner under section two hnndrod atul sixty-
one I :
(1) Percentage of germination, exclusive of hard seed.
(2) Percentage of hard seed, if present.
(3) The calendar month and year the test was completed to
determine sneh ])ercentages.
(4) The words "l>elow Standanl" in not less than eight
point type.
2. For flower seeds in containers other than packets prepared for
use in home flower gardens.
(a) Name of the kind and variety, if any, or a statement of type
and performance characteristics as prescribed in regula-
tions.
Acts, 1959. — Chap. 396. 295
{b) Lot uuinbei- or oilier lot ideiitilicatiou.
(c) For kinds of seeds for which standard testing procedures
shall have been adopted.
(1) Percentage of germination, exclusive of liai-d seed.
(2) Percentage of hard seed, if present.
(3) For seeds germinating less than the standard, the
words "Pelow Standard" in not less than eight point
type.
(4) The calendar month and year the test was completed to
determine such percentages.
D. Tree and Shrub Seeds, in containers of quartrr pound or
nu)rt'. —
(1) The kiiul of seed and the variety.
(2) The percentage by Aveight of pure seed.
(3) The percentage of germination of those kinds for which stand-
ard testing procedures have been adopted.
(4) The year of collection of such seed.
(5) The specific locality (state and county in the United States or
nearest equivalent political unit in the case of foreign countries in
which the seed was collected). If origin is unknown, that fact shall
be stated.
(G) The date of test or calendar year for which seed is packaged.
Section 26lG. A. Except as otherwise provided in section two
hundred and sixty-one D, no person shall sell, offer for sale or expose
for sale any agricultural, vegetable, flower or tree and shrub seed
within the commonwealth : —
(1) Unless the test to determine the percentage of germination re-
quired by section two hundred and sixty-one B was completed within
a nine-month period, exclusive of the calendar month in Avhich the
test was completed, immediately prior to sale, exposure for sale or
offering for sale or transportation ; and provided, further, that the
records of such tests shall be available to the commissioner or his duly
authorized assistants for a period of at least one year from date of
test.
(2) Not labeled in accordance with the provisions of sections two
hundred and sixty-one A to two hundred and sixty-one K, inclusive,
or having a false or misleading labeling.
(3) Pertaining to which there has been a false or misleading adver-
tisement.
(4) Consisting of or containing "Prohibited" noxious-weed seeds.
(5) Consisting of or containing "Restricted" noxious-weed seeds
at a rate per pound in excess of the number declared on the label at-
tached to the container of the seed or associated with the seed, subject
to tolerances.
(6) Containing more than one per cent of all weed seeds.
(7) So weak or so low in germination according to standards
adopted and rules and regulations prescribed by the director under
the provisions of section two hundred and sixty-one I as to be unfit
for seeding purposes.
(8) Represented to be "certified seed" "registered seed" or
"foundation seed" or designated l)y any other term conveying similar
296 Acts, 1959. — Chap. 396.
meaning, unless such seed has been produced, processed and labeled in
accordance with the procedures and in compliance with the rules and
regulations of an officially recognized certification agency or agencies
and bears an official tag or label of such an agency.
( 9 ) Rei3resented to be hybrid seed unless such seed conforms to the
definition of hybrid in section two hundred and sixty-one A, except
that this provision shall not apply to variety names in common trade
usage.
B. No person shall, within the commonwealth: —
(1) Detach, alter, deface or destroy any label provided for in said
sections two hundred and sixty-one A to two hundred and sixty-one K,
inclusive, or the regulations promulgated thereunder, or alter or sub-
stitute seed, in a manner that may defeat the purposes of said sections.
(2) Disseminate any false or misleading advertisement concerning
agricultural, vegetable, flower or tree and shrub seed.
(3) Hinder or obstruct any authorized person in the performance
of his duties under said sections two hundred and sixty-one A to two
hundred and sixty-one K, inclusive.
(4) Fail to comply with an official order to withhold from sale cer-
tain seeds as provided in section two hundred and sixty-one F.
(5) Move or otherwise handle or dispose of any lot of seed held
under a "stop-sale" order or tags attached thereto, except with the
written permission of the enforcing officer, and for the purpose speci-
fied therein.
(6) Sell, offer or expose for sale any color mixture of a single kind
of flower seed representing four or more colors or shades, in which any
one color or shade occurs in sixty per cent or more of the plants which
the mixture is capable of producing, unless colors or shades and ap-
proximate percentage of each is indicated on the label.
(7) Sell, offer or expose for sale a mixture of flower seed kinds in
which any one kind is present in excess of twenty-five per cent by
seed count unless the kinds present and the approximate percentage of
each are indicated on the label.
(8) Use of the word "trace" as a substitute for any statement as
to quantity or percentage which is required.
Section 26 ID. (a) Sections two hundred and sixty-one B and two
hundred and sixty-one C shall not apply : —
(1) To seed or grain not intended for sowing purposes,
(2) To seed in storage in, or consigned to, a seed cleaning or
processing establishment for cleaning or processing; provided, that
any labeling or other representation made with respect to the unclean
seed shall be subject to sections two hundred and sixty-one A to two
liundred and sixty-one K, inclusive.
(h) No person shall be subject to the penalties of section two hun-
dred and sixty-one K for having sold or offered or exposed for sale in
the commonwealth, any agricultural, vegetable, flower or tree and
shrub seeds which were incorrectly labeled or represented as to kind,
variety or origin, which seeds cannot be identified by examination
thereof, unless he has failed to obtain an invoice or grower's declara-
tion or other labeling information giving kind, variety or origin, if
Acts, 1959. — Chap. 396. 297
required, and to take sueli other precautions as ma^^ be necessary to
insure the identity to be that stated.
(c) The labeling requirements for all vegetable and agricultural
seeds (including mixtures), flower and tree or shrub seeds shall be con-
sidered to have been met if the seed is taken from a properly labeled
container in the presence of the purchaser.
ISictiou 26 IE. The commissioner and his duly authorized assistants
sliall have authority to enforce sections two hundred and sixty-one A
to two hundred and sixty-one K, inclusive, and to prosecute all viola-
tions thereof. Before any prosecution is begun by said commissioner
or any of his duly authorized assistants, the parties concerned shall be
given an opportunity to be heard before said commissioner or a person
designated by him for such purpose. The parties concerned shall be
given reasonable notice of the hearing, specifying the day, hour and
place thereof, and accompanied by a description of the alleged vio-
lation.
Section 26 IF. (a) The commissioner, either in person or his as-
sistants, shall have free access at all reasonable hours to each building
or other place where agricultural seeds or mixtures thereof, vegetable
seeds, flower seeds or tree and shrub seeds are stored, sold or offered or
exposed for sale, for the purpose of inspection of such seeds, and, upon
tendering the market price, may take samples of such agricultural,
vegetable, flower or tree and shrub seeds or mixtures thereof for tests
and analyses.
Such samples shall be thoroughly mixed and two official samples
taken therefrom; each official sample shall be securely sealed. Such
offfeial samples shall be su])mitted by said commissioner or his duly
authorized assistants to the director for testing and analyzing. One
of such samples shall be held by the director or his duly authorized
assistant at the disposal of the person named on the label as the vendor
of the seed samples for six months after the results of the analysis have
been reported, as provided in section two hundred and sixty-one H,
and the other sample retained by the director or such assistant for
analysis.
{h) The commissioner shall co-operate with the United States de-
partment of agriculture in seed law enforcement.
(c) The commissioner may order that any agricultural seeds or mix-
tures thereof, vegetable seeds, flower seeds or tree and shrub seeds, the
containers of which he finds are not tagged or labeled as provided in
section two hundred and sixty-one B or which do not conform to the
statements on the tags or labels attached to the containers thereof, be
withheld from sale until properly tagged or labeled or until made to
conform to the statements on the tags or labels attached to the con-
tainers thereof. Any person aggrieved by such an order may, within
ten days after the entry thereof, appeal therefrom by petition to the
superior court in the county where he resides or has his usual place of
business or in the county of Suffolk. The court shall hear such peti-
tion speedily in accordance with the usual course of procedure in
equity, and may affirm, modify or revoke such order. Such order shall
remain in force until so modified or revoked.
298 Acts, 1959. — Chap. 396.
/Section 261G. Auy lot of agricultural, vegetable, flower or tree
and shrub seed not in compliauce with the provisions of sections two
hundred and sixty-one A to two hundred and sixty-one K, inclusive,
shall be subject to seizure on complaint of the commissioner to a court
of competent jurisdiction in the area in which the seed is located. If
the court finds the seed to be in violation of said sections, and orders
the condenniation of such seed, it shall be denatured, processed, de-
stroyed, relabeled, or otherwise disposed of in compliance with the
laws of the commonwealth; provided, that the court shall not order
such disi)osition of such seed without first having given the claimant
an opportunity to apply to the court for the release of such seed or
permission to process or relabel it to bring it into compliance with said
sections.
Section 261H. The director shall cause such tests and analyses as
he may specify to be made of samples collected under section two hun-
dred and sixty-one F in order to determine the quality of the seeds
contained in such samples. The results of all such analj^ses shall be
reported to the commissioner. To enable the director to determine the
trueness to type or variety of vegetable, flower and other seeds, he
shall provide that field tests be made of such samples of seeds as he
may designate, and may publish the results of all such tests and
analyses as are made in accordance with the provisions of this section.
Section 2611. The director, after a reasonable notice and hearing
and with the approval of the commissioner, shall adopt vegetable seed
and flower seed germination standards, prescribe rules and regulations
from time to time, and in like manner, modify or amend rules and
regulations governing the methods of sampling, inspecting, analyzing,
testing and examining agricultural, vegetable, flower or tree and shrub
seed and the tolerances to be followed in the administration of sections
two hundred and sixty-one A to two hundred and sixty-one K, inclu-
sive, which shall be in general accord with officially prescribed prac-
tice in interstate commerce, and such other rules and regulations as
may be necessary to secure the efficient enforcement of said sections.
Section 261J . Any person residing or doing business in the com-
monwealth may submit to the director samples of seeds for purity and
germination tests subject to such rules and regulations as may be
adopted by the director, including a reasonable charge or fee for such
tests. Receipts under this section shall be j^aid into the state treasury.
Sr.ction 261K. Whoever sells, offers or exposes for sale any lot of
agricultural seeds or mixtures thereof, vegetable seeds, flower seeds or
tree and shrub seeds without complying with the requirements of sec-
tions two hundred and sixty-one A to two hundred and sixty-one J,
inclusive, applicable thereto, or in violation of any order, under sec-
tion two hundred and sixty-one F, of the commissioner or of the
snpeiior court if an a])|)eal is taken, or whoever falsely marks or labels
-any such seed or mix1ui-e, or imjiedes, obstructs or hiiulers the com-
missioner or any of his duly authorized agents, or the director or any
of his duly authorized assistants, in the dischai-ge of the authority or
duties conferred or imposed by any provision of said sections, shall
be punished by a fine of not more than five hundred dollars.
Approved June 29, 195.0.
Acts, 1959. — Chaps. 397, 398. 299
Chap. 397. An Act desrixating the elementary scuooe building
AT THE WHENTHAM STATE SCHOOL AS THE DK. KARL V.
QHINN ELEMENTARY SCHOOL BUILDING.
Be it enacted, etc., as follows:
The ne^v elemoiilary school building' at the Wreiitham state school
shall be desifrnated and known as The Dr. Karl V. Quinn Elementary
School Building, in honor of Dr. Karl V. (^uiiui, present superin-
teudeut of said school. Approved June 29, 1959.
Chap. 398. An Act xmaking appropriations for the fiscal year
ENDING .JUNE THIRTIETH, NINETEEN HUNDRED AND FIFTY-
NINE, TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING
appropriations AND FOR CERTAIN NEW ACTIVITIES AND
PROJECTS.
Be it enacted, etc., as follows:
Section 1. To provide for supplementing certain appropriations
previously made, and for certain new activities and projects, the sums
set forth in this act are hereby made available from the funds desig-
nated, 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 chapter four hundred and thirty-four of the
acts of nineteen hundred and fifty-eight.
Section 2.
STATE PURPOSES APPROPRIATIONS.
APPROPRIATIONS MADE FROM THE GENERAL FUND.
Service of the Legislature.
House of Representatives.
1 tern
0102-06 For personal services of the counsel to the house of representa-
tives and assistants, including not more than seven permanent
positions $295 00
0102-07 For clerical and other assistance to the house committee on
rules, including not more than thirteen permanent posi-
tions 1,183 00
0102-08 For clerical and other assistance to the house committee on v/ays
and means, including not more than seven pei'manent posi-
tions, prior appropriation continued . . . 2,890 00
Sergcunt-at-Anns.
0103-04 For the salaries of assistant doorkeepers of the senate and house
of representatives and of general court officers, with the ap-
proval of the sergeant-at-arms, including not more than
thirty-six permanent positions .... $6,518 00
0103-05 For compensation of the pages of the senate and house of repre-
sentatives, with the approval of the sergeant-at-arms, in-
cluding not more than twenty-four permanent posi-
tions 5,610 00
0103-06 For the salaries of clerks employed in the legislative docu-
ment room, including not more than three permanent posi-
tions 876 00
0103-51 For contingent expenses of the senate and house of representa-
tives and necessary expenses in and about the state house,
with the approval of the sergeant-at-arms, prior appropriation
continued 3,800 00
300 Acts, 1959 — Chap. 398.
Other Expenses.
0110-30 For traveling and such other expenses of joint committees of the
general court as may be authorized by joint order of the
general court $1,000 00
Special Investigations.
0245-00 For an investigation and study relative to retarded children
and the training facilities available therefor, as authorized
by chapter fifty-nine of the resolves of the current
year $6,780 00
0259-02 For expenses of the Massachusetts civil war centennial commis-
sion, as authorized by chapter one hundred and thirty-seven of
the resolves of nineteen hundred and fifty-eight 15,000 00
Service of the Judiciary.
Superior Court.
0305-11 For compensation of justices of distinct courts while sitting in the
superior court, prior appropriation continued $10,000 00
Service of the Department of Education.
For the maintenance of and for certain improvements at the fol-
lowing state teachers' college, with the approval of the com-
missioner of education:
1337-01 State teachers' college at Worcester, including not more than
sixty-six permanent positions .... $10,000 00
Division of Youth Service.
1380-01 For the youth service board and for the administration of the
division of youth service, including not more than seventy-
nine permanent positions ..... $19,900 00
For the maintenance of and for certain improvements at the in-
stituiions within the division:
1382-01 Industrial school for girls, including not more than seventy
permanent positions ...... 3,800 00
1388-01 For the operation of a residential treatment unit for small boys
in Oakdale, including not more than twenty-one permanent
positions ........ 7,743 00
LOCAL AID APPROPRIATION.
The foUoiviyig appropriation is for reimbursements and grants to
local governtnents and for certain other purposes, and is to be
in addition to any unexpended balance of appropriations here-
tofore made for the purpose:
APPROPRIATION MADE FROM THE GENERAL FUND.
Service of the Department of Education.
2613-19 For the reimbursement of certain cities and towns maintaining
extended courses of instruction, as authorized by section
seventy-eight of chapter seventy-one of the Genei'al
Laws $965 00
DEBT SERVICE APPROPRIATION.
APPROPRIATION MADE FROM THE GENERAL FUND.
Interest and Redemption of Debt.
2410-00 For the payment of interest on the direct debt of the common-
wealth, to be in addition to the amount appropriated in item
2951-00, prior appropriation continued . . $526,674 00
DEFICIENCIES.
For deficiencies in certain appropriations of previous years, in
cei'tain funds, as follows:
2899-00 General Fund $13,412 00
2999-00 Highway Fund 9,311 00
Section 3. Tliis act sliall take effect upon its passaj^e.
Approved June 30, 1959.
Acts, 1959. — Chaps. 399, 400. 301
Chap. 399. An Act autiiokizing certain emergency expenditures
DURING THE MONTH OP JULY IN THE FISCAL YEAR NINETEEN
HUNDRED AND SIXTY.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any other provision of law to the con-
trary, House Bill numbered 28G0, as amended and passed to be en-
grossed by the House of Representatives, making appropriations for
the tiscal year nineteen hundred and sixty for the maintenance of
departments, boards, connuissions, institutions, and certain activities
uf the commonwealth, for interest, sinking fund and serial bond re-
quirements, and for certain permanent improvements, shall be effec-
tive on the passage of this act; provided, that expenditures thereunder
shall be limited to the amounts made available by allotment by the
governor upon recommendation of the commission on administration
and finance ; and, provided, further, that said commission is directed
to limit its recommendations to allotment of funds to those appropria-
tion accounts which are essential for the maintenance of services dur-
ing the month of July, The total allotment to any department, board
or commission subject to allotment under the provisions of section nine
B of chapter twenty-nine of the General Laws shall not exceed the
amount allotted in the first allotment period of the nineteen hundred
and fifty-nine fiscal year ; provided, however, that in case of appropria-
tion accounts which did not receive an allotment in the first period of
the 1959 fiscal 3'ear, the commission may authorize such allotment as
may be necessary, in which case a copy of such authorization shall be
filed with the joint committee on ways and means.
Section 2. This act shall cease to be operative upon the enactment
into law of the general appropriation bill for the fiscal year nineteen
hundred and sixty or on July thirty-first, nineteen hundred and fifty-
nine, whichever is the earlier, and all action taken under this act shall
apply against said appropriation act.
Section 3. This act shall take effect upon its passage.
Approved June 30, 1959.
Chap. 400. An Act making appropriations for the fiscal year
nineteen hundred and sixty for the milk control
commission.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of the services of the
milk control commission, the sums set forth in section two of this act,
for the purposes and subject to the conditions specified in said section
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 sixty, in this act referred to as the year nineteen hundred
and sixty, or for such period as may be specified.
302 Acts, 1959. — Chap. 400.
Section 2.
STATE PURPOSES APPROPRIATIONS.
APPROPRIATIONS MADE FROM THE GENERAL FUND,
Service of the Department of Agriculture.
Milk Control Commission.
Item
0900-01 For the service of the commission, including not more than
thirty-four permanent positions . . . $49,391 00
Section 3. Wherever, iu 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 ex-
pended 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 estab-
lished 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 state-owned motor vehicle shall be used for providing transporta-
tion for state officers or employees between their domiciles and places
of emploj'inent nor shall any expense be incurred for the garaging of
such vehicles except under regulations approved by the commission
on administration and finance.
Section 6. Amounts included for permanent positions in suras
ai)propriated 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-
])riat('d in section two sluill be available for payment of salaries of any
additional permanent position, or for payments on account of realloca-
tions of pernument positions, or for ])ayments on account of any change
of salary range or com])ensation of any permanent j)osition. notwith-
standing any special or general act to the contrary ; provided, that no
vacancy occurring in any classified permanent })osition included iu
said schedules of permanent positions may be filled in any manner
except upon approval as required by rules and regulations established
under the provisions of paragraph six of section forty-five of chapter
thirty of the (icneral Laws; and, provided further, tliat no part of
sums appropriated in section two shall be available for the payment of
overtime service to any employee of the commonwealth without the
prior written approval of such overtime by the commission on admin-
istration and finance, upon recommendation of the director of the
Acts, 1959. — Chap. 400. 30^
ilivisiou oL" pcrsouuel and slaudardiziitiou, except wliere such over-
lime service is esseutial to replace the service of an employee necessary
for the care of patients or inmates in institutions operated by the
commonwealth.
Section 7. In addition to the payment of regular salaries, sums
appropriated for personal services in the fiscal year nineteen hundred
and sixty shall be available for the payment of such other forms of
compensation as may be due under existing statutes, or under the
provisions of rules and regulations made in accordance with said
statutes.
Section 8. No agency of the commonwealth receiving an appro-
priation under section two of this act shall make any expenditure for
any document printed, mimeographed or prepared in any other way,
whether for outside or interdepartmental circulation, unless publica-
tion of such document shall have been approved by the state purchas-
ing agent, and the state purchasing agent is hereby authorized and
directed to require such agencies to summarize and consolidate such
documents when feasible, and each document authorized to be printed
which is four pages or more in length shall state on its face the esti-
mated cost per copy, including the cost of paper, printing and binding.
Notwithstanding any special or general law, complete original manu-
scripts of annual reports of state agencies, whenever printed in full
or in summarized or consolidated form or in case such report is not
printed, shall be filed with the secretary of the commonwealth. Except
as otherwise provided by law, agencies selling documents shall do so
at not less than the stated estimated cost; provided, however, that
such agencies may dispose of excess copies of documents no longer cur-
rent as provided by rules and regulations of the commission on admin-
istration and finance.
Section 9. Notwithstanding the salary schedule adopted in chap-
ter seven hundred and twent3^-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 ;
provided, 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, provided further, that on and
after October first, nineteen hundred and fifty-seven, any officer or
employee who has been prevented from receiving the maxinuim 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 cor-
responding sections in succeeding appropriation acts shall, on com-
pleting 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 job group to which his title is assigned or an increase to the maxi-
mum of the range, whichever is the lesser.
Section 10. This act shall take effect upon its passage.
Approved June 30, 1959.
304 Acts, 1959. — Chaps. 401, 402, 403.
Chap. 401. An Act relative to the disposition op certain funds
AUTHORIZED TO BE RAISED FOR THE ALLEVIATION OF CERTAIN
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 teud to defeat
its purpose, which is to extend the time within which certain unen-
cumbered funds remaining in the hands of the commission on admin-
istration and finance on June thirtieth, nineteen hundred and fifty-
nine, may be used for the purpose of alleviating 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, therefore it is hereby declared
to be an emergency law, necessary for the immediate preservation of
the public convenience.
Be it enacted, etc., as follows:
Section 1 of chapter 436 of the acts of 1958 is hereby amended by
striking out, in line 9, the word "fifty-nine" and inserting in place
thereof the word: — sixty, — so as to read 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 nine-
teen hundred and fifty-six, which w^ould otherwise revert on June thir-
tieth, 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 sixty. Approved June 30, 1959.
Chop. 402. An Act providing a penalty for the failure by a
FATHER OR MOTHER TO SUPPORT A NEEDY DISABLED SON OR
DAUGHTER,
Be it enacted, etc., as follows:
Chapter 273 of the General Laws is hereby amended by adding at
the end thereof the following section -.—Section 23. The father or
mother of any needy disabled person who unreasonably neglects or
refuses to provide for the support and maintenance of such person
shall be punished by a fine of not more than five hundred dollars or
by imprisonment for not more than two years, or both.
Approved July 6, 1959.
Chap. 403. An Act providing for the equipping and furnishing op
THE new city hall IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section 3 of chapter 624 of the acts of 1958 is hereby
amended by inserting after the word "thereon", in line 16, the words:
Acts, 1959. — Chap. 404. 305
— and the original equipping and furnisiiiug, — so as to read as fol-
lows: — Section 3. The Government Center Commission created by
seetion two shall have the power and duty to acquire in the name and
behalf of said city by purchase or gift from said authority or other-
wise or to request the public improvement commission of said city to
so acquire by eminent domain under said chapter seventy-nine or
eighty A from said authority or otherwise, a suitable site for a new
city hall for said city, and, in acquiring the whole or any part of such
site from said authority, to assume in the name of said city any and
all obligations imposed by or under the aforesaid section twenty-
six LL. Subject to the provisions of sections forty-four A to forty-
four L, inclusive, of chapter one hundred and forty-nine of the Gen-
eral Laws and the provisions of section six of chapter four hundred
and eighteen of the acts of eighteen hundred and ninety, as respec-
tively amended, the Government Center Commission shall also have
the power and duty to contract in the name and behalf of said city
for the preparation of such site and the planning and construction
thereon and the original equipping and furnishing of such new city
hall.
Section 2. This act shall take effect upon its ])assage.
Approved July 7, 1959.
Chap. 404. An Act authorizing the town of stoneham to borrow
:money for the dredging and improvement of certain
waterways and validating acts and proceedings of a
certain town meeting.
Be it enacted, etc., as follows:
Section 1. The town of Stoneham, for the purpose of contributing
to the cost or expense of dredging or otherwise enlarging and im-
proving the Sweetwater brook and adjacent areas in said town, said
work to be done by the division of waterways of the department of
public works, may borrow from time to time, within three years of the
passage of this act, such sums as may be necessary, not exceeding, in
th'e aggregate, fifty-three thousand dollars and may issue bonds or
notes of the town therefor which shall bear on their face the words,
To\^^l of Stoneham, Brook Clearance Loan, Act of 1959. Each author-
ized issue shall constitute a separate loan, and such loans shall be paid
in not more than twenty years from their dates.
Section 2. The action taken by the town of Stoneham at the
adjourned town meeting on March sixteenth, nineteen hundred and
fifty-nine, in voting to adopt Article 47 of the town warrant, and all
acts and proceedings in pursuance thereof are hereby confirmed and
validated, and shall have the same effect as though this act were in full
force and eft'eet uf)on the date of the posting of said warrant.
Section 8. This act shall take effect upon its ])assage.
Approved July 7, 1959.
306 Acts, 1959. — Chap. 405.
Chap. 405. An Act making appropriations for the maintenance
OF WORCESTER COUNTY, ITS DEPARTMENTS, BOARDS, COM-
MISSIONS AND INSTITUTIONS, OF SUNDRY' OTHER SERVICES,
FOR CERTAIN PERMANENT IMPROVEMENTS, FOR INTEREST
AND DEBT REQUIREMENTS, AND TO MEET CERTAIN REQUIRE-
MENTS OF LAW AND GRANTING A COUNTY TAX FOR SAID
COUNTY.
Whereas, The deferred operatiou of this act would result iu un-
necessarily extending the period during which couiitj^ expenditures
would be made in anticipation of appropriation, therefore it is hereby
declared to be an emergency law, necessary for the immediate preser-
vation of the public convenience.
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of "Worcester county,
its departments, boards, commissions and institutions, of sundry other
services, for certain permanent improvements, for interest and debt
requirements, and to meet certain requirements of law, the following
sums for the several purposes and subject to the conditions specified
in section tAvo are hereby appropriated, subject to the provisions of
law regulating the disbursement of county funds and the approval
thereof for the year nineteen hundred and fiftj'-nine : —
Worcester County.
Item
1. For interest on county debt $53,840 00
2. For reduction of county debt 135,000 00
3. For county commissioners, salaries and expenses 33,142 00
4. For transportation and expenses of county and
acting commissioners 2,541 00
5. For clerk of courts, salaries and expenses 147,092 06
6. For county ti-easurer, salaries and expenses .... 41,413 50
7. For sheriff, salary and expenses 10,460 00
8. For registries of deeds, salaries and expenses .... 297,965 49
8a. For registry of probate, salaries and expenses . . 14,005 00
9. For law libraries, salaries and expenses 33,415 84
10. For highways, including state highways, bridges
and land damages 589.577 40
] 1. For examination of dams 3,200 00
12. For criminal costs in superior court 149,888 10
13. For civil expenses in supreme judicial, superior,
probate and land courts, including auditors,
masters and referees 303,682 50
14. For district courts, salaries and expenses 551,569 60
15. For medical examiners and commitments of in-
sane 80,220 00
16. For jail and house of correction, luaintctiaiice ;ind
operatioii 333,631 70
18. For court houses and i-egisti*y buildings, main-
tenance and operation 254,648 89
20. For agricultural school or county aid to agricul-
ture, maintenance and operation 126,176 24
Acts, 1959. — Chap. 405. 307
Item
■Jl. For state reservation, maintenance and opera-
tion, Mount Waehusett $34,591 00
L^a. For state reservation, maintenance and opera-
tion, Purgatory Chasm 15,595 50
24. For non-contributory pensions 41,684 27
25. For contributory retirement system and supervi-
sory expenses 74,743 00
26. For miscellaneous and contingent expenses 21,832 69
27. For unpaid bills of previous years 4,500 00
28. For reserve fund 20,000 00
29. For bindery department 13,183 50
30. For forest 'fire patrol ^ 3,200 00
39. For group insurance 31,025 00
Total Amount of x\ppropriations $3,421,824 28
Less Estimated amount available for Reduction of
County Tax 580,460 35
And the county commissioners of Worcester
County are hereby authorized to levy as the
county tax of said county for the current year,
in the manner provided by law, the sum of . . . $2,841,363 93
Section 2. Sums appropriated in section one are based upon de-
tailed schedules approved by the joint committee on counties, copies
of which are deposited with the director of accounts.
Said director shall file with the county commissioners and the
county treasurer of Worcester county a certification of the amounts
above appropriated as set forth in the approved schedules for said
county. Except as provided by this act or except as otherwise pro-
vided by law, no liability may be incurred and no expenditure shall be
made in excess of the amount available in an existing appropriation
for a function, a main group, a class or a sub-class.
Transfers within an appro{)riation from a main group to another
main group may be made upon written request of the authorized of-
ficial of the organization unit with the written approval of said county
commissioners, and copies of said request and approval shall be filed
with the county treasurer; provided, however, that no transfer shall
be made from the main groups "personal services" or "equipment"
to another main group nor sliall any transfer be made from any other
main group into the main groups "personal services" or "equipment".
Transfers within an appropriation between classes and between
sub-classes within a main group may be made by the authorized official
of the organization unit whenever in his opinion public necessity and
convenience so requires ; provided, however, that no transfer shall be
made within the classes of the main groups "personal services" or
"equipment".
Amounts included for permanent positions in sums approi)riated
in section one for personal services are based upon schedules of per-
manent positions and salary rates as approved by the joint committee
on counties, and. except as otherwise shown by the files of said com-
308 Acts, 1959. — Chap. 405.
mittee, a copy of which shall be deposited with the county personnel
board, no part of sums so appropriated in section one shall be avail-
able for payment of salaries of any additional permanent positions, or
for payments on account of reallocations of permanent positions, or
for payments on account of any change of salary range or compensa-
tion of any permanent positions, notwithstanding any special or gen-
eral act to the contrary.
Moneys appropriated under this act for the purchase of equipment
shall be expended for the purposes specified in the schedules as ap-
proved by the joint committee on counties and for no other purpose.
No direct drafts against the account known as the reserve fund
shall be made, but transfers from this account to other accounts may
be made to meet extraordinary or unforeseen expenditures upon the
request of the county commissioners with the approval of the director
of accounts.
Section 3. No expense incurred for mid-day meals by county of-
ficers and employees, other than those who receive as part of their
compensation a non-cash allowance in the form of full or complete
boarding and housing, and those county officers and employees who
are stationed beyond commuting distance from their homes for a
period of more than twenty-four hours, shall be allowed by any county ;
provided, that officers or employees who have charge of juries or who
have the care and custody of prisoners, insane persons or other per-
sons placed in their charge bj'' a court or under legal proceedings for
transfer to or from court to an institution or from institution to insti-
tution and persons certified by a district attorney as engaged in inves-
tigation shall be reimbursed for the expense of mid-day meals when
necessarily engaged on such duty ; and provided, further, that county
officers and employees in attendance at meetings and conferences
called by or for any group or class on a statewide basis shall be so
reimbursed.
No moneys appropriated under this act shall be expended by county
officers or employees for telephone service furnished to such officers or
emj)loyees at places other than regular county offices.
Section 4. The allowance to county officers and employees for
expenses incurred by them in the operation of motor vehicles owned
by them or by any member of their immediate families and used in
the performance of their official duties shall not exceed eight cents a
mile, except in cases where a higher allowance is specifically provided
by statute; provided, that in the case of commitments of the insane
the justice of the court ordering the commitment may order a higher
rate. No expenditures shall be made for travel outside the common-
wealth for attendance at conferences or conventions.
Section 5. Any provision of general or special law to the con-
trary notwithstanding, any county officer or employee whose salary
rate on July first, nineteen hundred and fifty-seven, was limited to an
increase in rate of one thousand dollars shall receive an increase in
salary rate of not more than one step in his salary grade, effective on
his anniversary date or on July first, nineteen hundred and fifty-nine,
in accordance with approved list filed with the county personnel board
by the joint committee on counties. Approved July 7, 1959.
Acts, 1959. — Chaps. 406, 407, 408, 409. 309
Chap. 406. Ax Act designating the bridge over the fall river
EXPRESSWAY ON PLEASANT STREET IN THE CITY OF BROCK-
TON AS THE CHARLES G. MILES BRIDGE.
He it enacted, etc., as follows:
Section 1. The bridge over the Fall River Expressway on Pleasant
street in the city of Brockton shall be known and designated as the
Charles G. J\liles bridge in honor of the late Doctor Charles G. Miles,
a former member of tlie IMassachnsetts Senate. A snitable marker
hearing said designation shall be attached to said bridge by the state
department of public works.
Section 2. This act shall take effect upon its passage.
Approved July 7, 1959.
Chap. 407. An Act designating the bridge over the fall river
expressway on BELMONT STREET IN THE CITY OF BROCK-
TON AS THE ARTHUR J. SHEEHAN BRIDGE.
Be it enacted, etc., as follows:
Section 1. The bridge over the Fall River Expressway on Belmont
street in the city of Brockton shall be known and designated as the
Arthur J. Sheehan bridge in honor of the late Arthur J. Sheehan who
represented said city in the Massachusetts House of Representatives.
A suitable marker bearing said designation shall be attached to said
bridge by the state department of public works.
Section 2. This act shall take effect upon its passage.
Approved Jidy 7, 1959.
Chap. 408. An Act repealing the law restricting the use of
LANDS ABUTTING THE YANKEE DIVISION HIGHWAY IN THE
TOWNS OF LYNNFIELD AND DANVERS AND THE CITY OF
PEABODY.
Be it enacted, etc., as follows:
Section 1. Chapter four hundred and ninety-one of the acts of
nineteen hundred and fifty is hereby repealed.
Section 2. Notwithstanding the provisions of section one of this
act no road providing access to or egress from the Yankee Division
Highway shall, without the approval of the state department of public
works, be laid out or constructed in the towns of Lynnfield and Dan-
vers and the city of Peabody.
Section 3. This act shall take effect upon its passage.
Approved Jidy 7, 1959.
Chap. 409. An Act authorizing the department of correction to
TRANSFER BACK TO THE DEPARTMENT OF MENTAL HEALTH
A CERTAIN PARCEL OF LAND IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
The commissioner of the department of correction is hereby author-
ized and directed to transfer back to the department of mental health
310 Acts, 1959. — Chaps. 410, 411, 412.
that certain parcel of land which was transferred to it bj' the depart-
ment of mental health under the authority and direction of chapter
seven hundred and forty-one of the acts of nineteen hundred and
fifty-six. Approved July 7, 1959.
Chap. 410. An Act terminating easements of non-abutting lots
IN abandoned portions of turnarounds, shown on
plans approved under the subdivision control law.
Be it enacted, etc., as follows:
Section 81Q of chapter 41 of the General Laws is hereby amended
by inserting after the third sentence, as appearing in section 7 of
chai)ter 674 of the acts of l!)53, the following two sentences: — Such
rules and regulations may set forth a requirement that a turnaround be
provided at the end of the approved portion of a way which does not
connect with another way. Any easement in any turnaround shown
on a plan approved under the subdivision control law which arises
after January first, nineteen hundred and sixty, other than an ease-
ment appurtenant to a lot abutting the turnaround, shall terminate
upon the aj^proval and recording of a plan showing extension of said
way, except in such portion of said turnaround as is included in said
extension, and the recording of a certificate by the planning board of
the construction of such extension. Approved July 7 , 1959.
Chap. 411. An Act exempting fro:n[ t.vxation the re.al and per-
sonal PROPERTY OF INCORPORATED INSTRUMENTALITIES OP
THE SALVATION ARMY.
Be it enacted, etc., as follows:
Section 1. The property of any incor])orated instrumentality of
The Salvation Army, an unincorporated association, whether such
instrumentality is incorporated under the laws of this commonwealth
or under the laws of any other state of the United States, shall be
exempt from taxation under the provisions of chapter fifty-nine of
the General Laws, so long as such property is devoted to the religious
or charitable purposes of said unincorporated association.
Section 2. This act shall take effect as of January first of the cur-
rent year. Approved July 7, 1959.
Chap. 412. An Act providing for payments by the commonwealth
TO certain TOWNS IN REIMBURSEMENT FOR LOSS OF TAXES
BY REASON OF PROPERTY TAKEN FOR FLOOD CONTROL.
Be it enacted, etc., as follows:
Section 1. Chapter 58 of the General Laws is hereby amended by
striking out section 17B, as most recently amended by section 13 of
chapter 654 of the acts of 1953, and inserting in place thereof the fol-
lowing section: — Section 17B. The state treasurer shall annually,
Acts, 1959. — Chaps. 413, 414. 311
uot later tliau November twentieth, upon certification by the coiniuis-
siou as liereinafter provided, pay to each town in which property has
been taken for flood control by the United States pursuant to consent
granted by the commonwealth under chapter two huudred and eighty-
four of the acts of nineteen hundred and thirty-nine, chapter five
hundred and ninety-four of the acts of nineteen hundred and forty-
eiirlit and chapter six hundred and thirteen of the acts of nineteen
liundred aud fiftj^-six, an amount determined by multiplying^ each
thousand dollars of the average assessed valuation of such property
for the last three j^ars prior to acquisition by the United States, or
fractional part thereof, by the rate provided for under section fifty-
eight of chapter sixty-three. Said commission shall annually ascer-
tain said valuation and the amount to be paid to each town, and shall
certify the same to the state treasurer not later than November first.
Section 2. This act shall apply in the year nineteen hundred and
fifty-nine and thereafter. Approved July 7, 1959.
Chap. 413. An Act relative to payment of claims of cities and
TOWNS FOR the CARE OF TUBERCULOSIS CASES.
Be it enacted, etc., as follows:
Chapter 111 of the General Laws is hereby amended by striking out
section 77, as most recently amended by section 4 of chapter 270 of the
acts of 1952, and inserting in place thereof the following section: —
Section 77. The department shall certify, in the case of each hospital,
building or ward approved by it, as provided in section seventy-six, the
number of patients for whom the town is entitled to the subsidy, and
upon such certification the subsidy shall be paid by the commonwealth.
No claim shall be allowed for a subsidy covering more than ninety days
prior to the date when notice of the claim is received by the department.
Approved July 7, 1959.
Chap. 414. An Act providing that the fee for registration of
MOTOR vehicles UNDER A GENERAL DISTINGUISHING NUM-
BER OR MARK SHALL FOR THE PERIOD BETWEEN OCTOBER
FIRST AND DECE-AIBER THIRTY-FIRST BE ONE HALF THE
CHARGE FOR A FULL YEAR's REGISTRATION.
Be it enacted, etc., as follows:
Subdivision (7) of section 33 of chapter 90 of the General Laws is
hereby amended by striking ont the eleventh paragraph, as appearing
in chapter 540 of the acts of 1952, and inserting in place thereof the
following paragraph: —
For the registration of every motor vehicle or trailer by an owner
who a])i)lies therefor under section two or section five during the
period beginning with the first day of October and ending with the
thirty-first da}' of December in any year, one half of the fee for a full
year's registration of said vehicle. Approved July 7, 1959.
312 Acts, 1959. — Chap. 415.
Chap. 415. An Act further regulating fees charged by the
BOARD OF registration IN NURSING FOR EXAMINATIONS.
Be it enacted, etc., as follows:
Section 1. Chapter 112 of the General Laws is hereby ameuded by
striking out section 74, as most recently amended by section 4 of
chapter 350 of the acts of 1953, and inserting in place thereof the fol-
lowing section : — Section 74. The board of registration in nursing, in
this section and in sections seventy-four A to seventy-nine, inclusive,
called the board, shall hold examinations for the registration of nurses
at such times and places as it shall determine. Applications for reg-
istration, signed and sworn to by the applicant, shall be made on
blanks furnished by the board. An applicant who furnishes satis-
factory proof that he is at least twenty years of age, of good moral
character and a graduate of a school for nurses approved by the ap-
proving authority for schools for nurses and schools for practical
nurses established by section fifteen A of chapter thirteen, in this
section and in sections seventy-four A, seventy-five and eighty-one A
to eighty-one C, inclusive, referred to as the approving authority, shall,
upoji payment of ten dollars, be examined by the board, and, if found
qualified, shall be registered, with a right to use the title registered
nurse and to practice as such, and shall receive a certificate thereof
from the board, signed by its chairman and secretary. An applicant
failing to pass an examination satisfactory to the board shall be
entitled to additional examinations under the rules of the board but
shall file a new application and pay a fee of ten dollars for each
such examination. Every person registered hereunder who con-
tinues to hold himself out as a registered nurse shall, on or before his
birthday in each year, renew his registration for the ensuing year by
payment of one dollar to the board, and thereupon the board shall
issue a certificate showing that the holder thereof is entitled to practice
as a registered nurse for the period covered by said pa^nnent ; provided,
that if a birthday of any person who shall be registered hereunder shall
occur within three months after such original registration, such person
need not renew his registration until the birthday next following the
birthday aforesaid. For the purposes of this section and of section
seventy-four A, the birthday of a person born on P^'ebruary twenty-
nine shall be deemed to be February twentj^-eight. In default of such
renewal, a person registered hereunder shall forfeit the right to
practice as a registered nurse or to hold himself out as such until such
fee shall have been paid. The board, after a hearing, by vote of a
majority of its members, may annul the registration and cancel the
certificate of any nurse who has been found guilty of a felony.
Section 2. Said chapter 112 is hereby further amended by strik-
ing out section 74A, as most recently amended by section 5 of said
chapter 350, and inserting in place thereof the following section : —
Section 74A. The board shall liold examinations for the licensing of
practical nurses at such times and places as it shall determine. Ap-
plications for licenses as practical nurses, signed and sworn to by the
applicants, shall be made on blanks furnished by the board. An ap-
plicant who furnishes satisfactorj^ proof that he is at least nineteen
years of age, of good moral character and a graduate of a school for
Acts, 1959. — Chap. 416. 313
practical nurses ai)proved by the approviug authority shall, upou pay-
ment of ten dollars, be examined by the board and, if found qualified,
shall be licensed, with a right to use the title licensed practical nurse
and to practice as such, and shall receive a certificate thereof from the
boai-(l signed by its chairman and secretary. An applicant failing to
pass an examination satisfactory to the board shall be entitled to addi-
tional examinations under the rules of the board but shall file a new
application and pay a fee of ten dollars for each such examination.
Every person licensed hereunder who continues to hold himself out as
a licensed practical nurse shall, on or before his birthday in each year,
renew his license for the ensuing year by payment of one dollar to the
board, and thereupon the board shall issue a certificate showing that
I lie holder is entitled to practice as a licensed practical nurse for the
period covered by said payment; provided, that, if a birthday of any
person who shall be licensed hereunder shall occur within three months
after such original licensing, such person need not renew his license
until the birthday next following the birthday aforesaid. In default
of such renewal, a person licensed hereunder shall forfeit the right to
l)ractice as a licensed practical nurse or to hold himself out as such
until such fee shall have been paid. The board, after a hearing, by
vote of a majority of its members, may annul the license and cancel
the certificate of any practical nurse who has been found guilty of a
felony.
Section 3. Section 1 of chapter 371 of the acts of 1956, as amended
by chapter 539 of the acts of 1957, is hereby further amended by
striking out, in line 8, the word "five" and inserting in place thereof
the word : — ten.
Section 4. Section 2 of said chapter 371 is hereby amended by
striking out, in line 13, the word "five" and inserting in place thereof
the word : — ten.
Section 5. This act shall take effect on January first, nineteen
hundred and sixty. Approved July 7, 1959.
Chap. 416. An Act establishing a mass transportation commis-
sion.
Be it enacted, etc., as follows:
Chapter 16 of the General Laws is hereby amended by adding at the
end, under the heading MASS TRANSPORTATION COMMISSION,
the following three sections : — Section 9. There shall be in the de-
partment of public works but in no manner subject to its control a
commission to be known as the mass transportation commission con-
sisting of the chairman of the metropolitan district commission, the
chairman of the board of trustees of the metropolitan transit author-
ity, the chairman of the Massachusetts turnpike authority, the com-
missioner of public works, the chairman of the Massachusetts port
authority, the chairman of the Boston traffic commission and five per-
sons to be appointed by the governor, with the advice and consent of
the council, one of whom shall be experienced in railroad management
and operation. Of the five members initially appointed three shall
serve for terms of two years and two shall serve for terms of three
314 Acts, 1959. — Chap. 416.
yours. L'pou the expiration of tiie term of a niember his successor
shall be appointed in the manner aforesaid for a term of three years.
The governor shall designate one member as chairman of the com-
mission. The governor, with the advice and consent of the council,
may remove any member for cause, and with like advice and consent,
shall fill any vacancy for the unexpired term.
Section 10. The commission shall investigate and study mass trans-
portation problems and plan co-ordinated mass transportation facili-
ties and policies affecting the commonwealth, the metropolitan Boston
area and the city of Boston. The commission shall also investigate
and study the relationship of mass transportation facilities to the eco-
nomic needs and opportunities of the commonwealth and to the civil
defense and disaster program of the commonwealth. The commission
shall, from time to time, make such recommendations to the governor
and the general court for the co-ordination of mass transportation
programs and for the development of mass transportation plans as the
commission may deem advisable.
Section 11. The commission may employ an adequate technical
staff and such other employees as, in its opinion, the work and duties
of the commission may require and may expend for such purpose and
other necessary expenses such amounts as may be appropriated there-
for, including funds received by the treasurer of the commonwealth
from the federal government for its purposes. The members of the
commission shall serve without compensation but each member shall
be reimbursed for all necessary travel and other expenses incurred by
him in the performance of his official duties. The commission shall be
provided with suitable quarters in the state house or elsewhere in the
city of Boston. Approved July 9, 1959.
The Commonwealth of Massachusetts,
Executive Dep.vrtment, State House,
Boston, July 14, 1959.
The Honorable Joseph D. Ward, 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 public convenience requires that
the law being Chapter 416 of the Acts of 1959, entitled, "An Act
Establishing a Mass Transportation Commission" and the enact-
ment of which received my approval on July 9, 1959, 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 de-
feat its purpose in that it will delay the study of mass transportation
problems and plans for co-ordinating mass transportation facilities.
Very truly yours,
Foster Furcolo,
Governor of the Commonwealth.
Acts, 1959. — Chaps. 417, 418. 315
Office of the Secketary, Boston, Jul}- 14, 1959.
i, Joseph D. Ward, ISeeretary of the Conimomvealth, hereby certify
that the accompanyiug statement was tiled in this ol'lice by His Ex-
cellency the Governor of the Commonwealth of Massachusetts at three
o'clock r.M., on the above date, and in accordance with Article Forty-
eight of tlie Amendments to the Constitution said chai)ler takes effect
forthwith, l)cing chapter four hundred and sixteen of the acts of nine-
teen hundred and liftj'-nine.
JOSEI'U D. WAlil),
Secretary of the Commonweallh.
Chap. 417. An Act authorizing the continuation of the p^unc-
TIONS OP THE veterans' BONUS COMMISSION FOR A CERTAIN
PERIOD AND DESIGNATING THE COMMISSIONER OF VETERANS'
SERVICES AS THE DIRECTOR THEREOF.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to authorize forthwith the continuation of the
functions of the Veterans' Bonus Commission in order that those
veterans of the Korean hostilities Avho have not as yet received recog-
nition for their services may continue to apply for aud receive a bonus
under the law, therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Notwithstanding the provisions of any general or special law to the
contrary, the Veterans' Bonus Commission, established by section five
of chapter four hundred and forty of the acts of nineteen hundred and
fifty-three, is hereby authorized and directed to designate the commis-
sioner of veterans' services as the director of said commission, with all
the rights, powers and duties authorized by said act for the purpose of
continuing the functions of said commission, and said commissioner
of veterans' services in his capacity as said director may expend for
the administration of said act during the month of July, nineteen
hundred and fifty-nine, such sums as may be necessary from appropria-
tion item (3480-02 made available by chapter three hundred ancl ninety-
nine of the acts of the r-nrront yeai-. Approved July 17, 195!).
Chap. 418. An Act abolishing the op^fice of commissioner on al-
coholism AND TRANSFERRING THE POWDERS AND DUTIES
FOR:MERLr EXERCISED BY SAID COMMISSIONER TO THE DE-
PARTMENT OF PUBLIC HEALTH.
Whereas, The deferred operation of this act would tend to defeat
its purpose, which is to transfer the powers and duties of the commis-
sioner on alcoholism to the department of ])ublic health and to make
such transfer effective as of the beginning of fiscal year nineteen hun-
dred and sixty, therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public convenience.
316 Acts, 1959. — Chap. 418.
Be it enacted, etc., as follows:
Section 1. Section 17 of chapter 6 of the General Laws is hereby
amended by striking out, in lines 11 and 12, as appearing in section 1
of chapter G23 of the acts of 1958, the words ", commissioner on alco-
holism".
Section 2. Sections 94, 95 and 96 of said chapter 6 are hereby re-
pealed, and the caption preceding said section 94 is hereby stricken
out.
Section 3. Chapter 111 of the General Laws is hereby amended by
inserting after section 4C the following section : — Section 4D. There
shall be an advisory council on alcoholism, consisting of the commis-
sioners of education, public health, public welfare, mental health,
public safety, and correction, the chairman of the parole board, the
commissioner of probation, the registrar of motor vehicles, the com-
missioner of rehabilitation, the chairman of the youth service board,
and three members appointed by the governor for terms of three years
each. Such appointive members shall have had experience in some
field connected with the care and treatment of alcoholics. The com-
missioner of public health shall serve as chairman.
The advisory council shall meet at least twice a year, and shall meet
at any time upon call of the chairman. It shall consider and make
recommendations to the commissioner of public health as to the care
and treatment of alcoholics and as to the assembling and dissemination
of knowledge regarding the problem of alcoholism. For services on
the council, its members shall receive no compensation, but they shall
receive their expenses necessarily incurred in rendering such service.
Section 4. Said chapter 111 is hereby amended by striking out
section 4A, as most recently amended by section 3 of chapter 715 of
the acts of 1956, and inserting in place thereof the following section : — •
Section 4A. The department of public health is hereby authorized and
directed to establish programs for the diagnosis, treatment and re-
habilitation of persons addicted to the excessive use of alcoholic bev-
erages; to study the problems of alcoholism; and to develop and pro-
mote preventive and educational programs relating thereto.
The department shall seek to co-ordinate the work of all departments
and agencies dealing with the care and treatment of alcoholics or
with the problems of alcoholism; shall receive annually, and from
time to time, reports from all such departments and agencies dealing
with the care and treatment of alcoholics or with problems of alco-
holism; shall make a continuous study of methods for treating alco-
holism and of other factors relating to the problem of alcoholism in
the commonwealth ; shall prepare, in co-operation with the department
of education, materials for use in the schools and in the teachers col-
leges relative to the problem of alcoholism and the use of alcohol as a
beverage ; shall, together with the commissioner of the department
responsible for their maintenance, inspect all public facilities for the
treatment of alcoholics and make recommendations to the departments ;
shall consult with the commissioner of any department concerning the
establishment of new facilities for the care and treatment of alco-
holics; and shall report annually to the governor and to the general
court its findings and recommendations. The department may require
Acts, 1959. — Chap. 418. 317
of any departmout, commission, board or officer of the commonwealth
which has information relative to the problems of alcoholism such in-
formation as may be helpfnl in carrying out the purposes of this
section. The department may negotiate with the conunissioners of
any county except Sutfolk and with the penal institutions commissioner
of Boston relative to the establishment of treatment facilities at jails
and houses of correction,
A department representative shall meet at least ten times a year
with representatives designated by the commissioners of mental health,
public welfare, correction and rehabilitation to review the programs
boing carried on for the treatment of alcoholics in their respective
departments.
The commissioner, with the approval of the public health council,
may appoint a director of the alcoholism program.
The director may work in conjunction with any foundation or
scientific organization in any program designed to develop information
relative to the care, studj^ and treatment of alcoholics and alcoholism.
The department 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 au}^ 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 department
in accordance with the conditions of the gift or grant under the order
or the approval of the advisory council without specific appropriation.
Section 5. Any person emploj^ed on a full-time basis by the com-
missioner on alcoholism immediately prior to the effective date of this
act shall be transferred to the department of public health without
reduction in salary, impairment of status or loss of seniority or of
retirement, civil service, veterans' or other rights.
The. commissioner on alcoholism on the effective date of this act shall
be employed in the department of public health in the capacity of a
sjiecial assistant to the commissioner of public health and may super-
vise the program of alcoholism and such other duties as the commis-
sioner of public health shall prescribe, until such time as the director
of civil service shall fill the position by an open competitive exam-
ination.
Section 6. Funds available for expenditure by the commissioner
on alcoholism shall be available on the effective date of this act for
expenditure by the department of public health for the purposes of
this act.
Section 7. The three appointive members of the advisory council
on alcoholism, established under section ninety-five of chapter six of
the General Laws, shall continue to serve in said office until the ex-
piration of their terms and upon the expiration of any such term his
successor shall be appointed for a term of three years, as provided by
section four D of chai)ter one hundred and eleven of the General Laws,
inserted by section three of this act.
Section 8. This act shall take effect on July first, nineteen hundred
and fifty-nine. Approved July 17, 1959.
318 Acts, 1959. — Chaps. 419, 420, 421.
Chap. 419. An Act designating the traffic circle on route 128
EXTENSION in THE CITY OF GLOUCESTER AS THE HOWARD
BLACKBURN MEMORIAL CIRCLE.
Be it enacted, etc., as follows:
Section 1. The traffic circle on the new extension of route 128 in
the city of Gloucester, in the vicinity of Maplewood avenue, shall be
designated as the Howard Blackburn Memorial Circle, and a suitable
marker bearing said designation shall be erected and maintained at
said circle by the state department of public works.
Section 2. This act shall take effect upon its passage.
Approved July 17, 1959.
Chap. 420. An Act authorizing the city of lynn to borrow
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing school buildings in the
Aboru School and Hood School areas, and originally equipping and
furnishing such buildings, the city of Lynn 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, nine hun-
dred and fifty thousand dollars, and may issue bonds or notes therefor
which shall bear on their face the words "Lynn School Loan, Act of
1959". Each authorized issue shall constitute a separate loan, and
such loans shall be paid in not more than twenty years from their
dates. Indebtedness incurred under this act shall be in excess of the
statutory limit, but shall, except as provided herein, be subject to
chapter forty-four of the General Laws, including tlie limitation con-
tained in the first paragraph of section seven thereof.
Section 2. This act shall take effect ui)on its passage.
Approved July 17, 1959.
Chap. 421. An Act authorizing the commonwealth to convey
CERTAIN land IN THE TOWN OF PROVINCETOWN TO THE
CAPE COD PILGRIM MEMORIAL ASSOCIATION OF PROVINCE-
TOWN.
Be it enacted, etc., as follows:
The commissioner of public works is hereby authorized and directed,
in the name and on behalf of the commonwealth, to convey to the Cape
Cod Pilgrim Memorial Association of Provincetown, a charitable cor-
poration duly established by law, a certain parcel of land in the town
of Provincetown shown on a plan entitled "Plan of Land taken hy the
Provincetown Tercentenary (Commission, Department of Public Works,
Division of Waterways and Public Lands, Scale 40 ft. = 1 inch. Sur-
vey Date April 1927", and bounded and described as follows: —
Beginning at a point on the southeasterly side of a town way, as shown
on said plan, and running northeasterly 476.82 feet on the south-
easterly side of said town way; thence turning and running in a south-
easterly direction along land now or formerly of Victor Viegas 40
Acts, 1959. — Chap. 422. 1^19
feet; thence uortheasterly alou^ land of said Viegas 36 feet; thence
southeasterly along land now or formerly of John G. Santos 8-i feet;
thence northeasterly 2 feet; thence southeasterly along land now or
formerly of Manuel \l. Luiz oO feet; thence northeasterly 32 feet to
land now or formerly of Rodo S. Remigio; thence southeasterly by
land of said Remigio 54 feet, and by land now or formerly of Mary W.
Oliver et al. 60 feet; thence southwesterly 15.2 feet; thence turning at
an angle of 211° 03' and running 20.8 feet to a point on the north-
easterly side of the East Api)roach as shown on said ])lan ; thence in a
general -westerly direction 406.29 and 89.47 feet to land now or for-
merly of II. S. Cook; thence along the easterly boundary line of land
of said Cook 109.57 feet to the point of beginning; containing 95,382
square feet, more or less.
Said conveyance of said land shall be in consideration of an agree-
ment by said association to construct and maintain thereon a free
public parking area; and if at any time said parcel of land shall cease
to be used by said association as a free public parking area, it shall
thereupon revert to and revest in the commonwealth.
The deed convej-ing the above described parcel of land to said asso-
ciation for use as a free public parking area shall be approved as to its
form by the attorney general. Approved July 17, 1959.
Chap. 422. An Act relative to the adoption or amendment op
REGULATIONS BY THE DEPARTMENT OF PUBLIC HEALTH TO
PRE^T:NT POLLUTION OR CONTAMINATION OF THE ATMOS-
PHERE AND THE EFFECTIVE DATE OF SUCH REGULATIONS.
Be it enacted, etc., as follows:
Chapter 111 of the General Laws is hereby amended by striking out
section 142A, inserted by section 3 of chapter 672 of the acts of 1954,
and inserting in place thereof the following section: — Section 143A.
The department may from time to time, subject to the approval of the
governor and council, after a hearing adopt or amend regulations to
prevent pollution or contamination of the atmosphere, effective upon
filing with the state secretary as provided in section thirty-seven
of chapter thirty, or at such later date as may be specified by the
department. Such filing shall create a presumption, which may be
rebutted, of compliance with the requirements of section two of chap-
ter thirty A in the adoption or amendment of such regulations. Any
municipality, corporation or person, which, after due notice, continues
to violate any such regulation shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine of not less
than ten nor more than fifty dollars for the first offence, and not less
than twenty nor more than one hundred dollars for every succeeding
otfence. The supreme judicial or superior court, upon the application
of the department, or upon the application of any person interested,
with the approval of the department, may enforce such regulations,
and restrain the use or occupation of the premises or such portion
thereof as the department may specify until such regulations have
been complied with. Approved July 17, 19.59.
320 Acts, 1959. — Chaps. 423, 424.
Chap. 423. An Act regulating the storage and transportation
OF FROZEN FOOD.
Be it enacted, etc., as follows:
Chapter 94 of the General Laws is hereby amended by inserting
after section 73 under the caption FROZEN FOOD the following sec-
tion: — Section 73 A. No person engaged in the business of storing
frozen food or transporting such food shall store or transport such
food within the commonwealth unless it is stored or transported under
refrigeration which shall insure good keeping qualities and under
temperatures and holding conditions approved by the director of the
division of food and drugs of the department of public health. Said
director may, after public hearing, make regulations for the storing
and transportation of frozen food, including temperature control, sani-
tation and other matters, in accordance with recognized standards
necessary for the protection of the public health and the preservation
of such food in wholesome condition. The term "frozen food", as
used in this section, shall include food of any kind which has been
preserved by a process of freezing. Nothing in this section shall be
construed to apply to delivery of such food by a retailer to the
purchaser.
Whoever violates any provision of this section or of any regulation
made hereunder shall be punished by a fine of not more than one
hundred dollars for the first offense, and not less than one hundred
dollars nor more than five hundred dollars for each subsequent offense.
Approved July 17, 1959.
Chap. 424. An Act providing life tenure for james j. gloster.
INCUMBENT OF THE OFFICE OP BUILDING INSPECTOR OF THE
TOWN OF AGAWAM.
Be it enacted, etc., as follows:
Section 1. The tenure of office of James J. Gloster, incumbent of
the office of building inspector of the town of Agawam, shall, upon the
effective date of this act, be unlimited, but he may be removed there-
from for cause after hearing in the manner provided by section forty-
three of chapter thirty-one of the General Laws.
Section 2. This act shall be submitted to the voters of the town of
Agawam at the annual town meeting in the year nineteen hundred and
sixty 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-nine, entitled 'An Act providing life
tenure for James J. Gloster, incumbent of the office of building inspec-
tor of the town of Agawam', be accepted?" If a majority of the votes
in answer to said question is in the affirmative, this act shall take full
effect, but not otherwise. Approved July 17, 1959.
Acts, 1959. — Chaps. 425, 426. 321
Chap. 425. An Ac r i;i;i,.\'iive to the ai'i-ointmeni' of a plumbing
IXsrECTOU IN the city of MAT>l)EN.
He it enacted, etc., as folloivs:
Section 1. Xotwithstaiidiug any pi-o visions oi" law to the coutrary,
the mayor and city council of the citj' of Maiden may appoint and re-
move in accordance with the civil service laws and rules a plumbing
insi)ei'tor who shall be a practical plumber and shall have had prac-
tical experieni-e either as a master plumber or a journeyman, continu-
ously, during five years next preceding his appointment. Said mayor
and L'ity council shall tix his comjiensation. Said i)lumbing inspector
shall inspect all plumbing in process of construction, alteration or
repair for which permits are granted within the city, and shall, not-
withstanding any provision of law or any ordinance to the contrary,
rt'port to the mayor and city council violations of an.y law, ordinance,
rule or regulation relative to i)lumbing; and shall perform such other
appropriate duties as nuiy be required by the ordinances of said city.
Thomas Cunningham, incumbent of the office of inspector of plumb-
ing in said city, shall continue to hold office without interruption of
his civil service or other rights, but shall otherwise be subject to the
provisions of this section.
Section 2. This act shall take full 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 July 17, 1959.
Chap. 426. An Act including certain handicapped children in
THE definition OP DEPENDENTS UNDER THE LAW RELATIVE
TO CONTRIBUTORY GROUP GENERAL OR BLANKET INSURANCE
FOR PERSONS IN THE SERVICE OF THE COMMONWEALTH.
Be it enacted, etc., as followa:
Section 1. Section 2 of chapter 32 A of the General Laws is hereby
amended by striking out paragraph {d), as appearing in section 1 of
L-hapter 628 of the acts of 1955, and inserting in place thereof the
following paragraph: —
((/) ''Dependents", an employee's spouse, his unmarried children
under nineteen years of age, and any child nineteen years of age or
over who is mentally or physically incapable of earning his own liv-
ing, provided that an additional premium is paid for the coverage of
such handicapped child.
Section 2. Paragraph (a) of section 8 of said chapter 32A, as so
api)earing, is hereby amended by adding at the end the following
sentence: — The commonwealth shall also contribute fifty per cent of
any additional premium which may be required for coverage of an
employee's dependent child who is nineteen years of age or over and
mentally or physically incapable of earning his own living.
Approved July 17, 1959.
322 Acts, 1959. — Chaps. 427, 428.
Chap. 427. An Act authorizing the formation of a regional
SCHOOL DISTRICT FOR VOCATIONAL EDUCATION BY THE CITY
OF NORTH ADAMS AND CERTAIN TOWNS.
Be it enacted, etc., as follows:
Section 1. Section 3 of chapter 518 of the acts of 1958 is hereby
amended by striking out clause (c), and by adding at the end the
following paragraph : —
The type of regional district school or schools shall be a vocational
high school or schools consisting of grades nine through twelve, inclu-
sive, which may oti'er vocational education notwithstanding that one
or more of the towns may have previously joined a regional school
district or districts providing for vocational education. "When the
district has been organized and its school is available for use, no city
or town belonging to the district and no other regional school district
of which such city or town is a member shall offer vocational education
except with the approval of the commissioner of education. Said
commissioner shall not give such approval if in his opinion it would
involve unnecessary duplication of facilities. As used in this section,
vocational education includes such kinds of education as may be pro-
vided by cities or towns pursuant to chapter seventy-four of the Gen-
eral Laws.
Section 2. Said chapter 518 is hereby further amended by insert-
ing after section 14 the following two sections: — Section 14A. The
provisions of sections sixteen to twenty-eight, inclusive, of chapter
forty-four of the General Laws shall, so far as pertinent, apply to the
regional school district, but the provisions of said section sixteen relat-
ing to the countersigning of bonds and notes and the provisions of
section twenty-four of said chapter forty-four relating to the counter-
signing and approval of notes and the certificates of the clerk relating
thereto shall not apply to said district.
Section 14B. Where the context permits, references in this act to
any other portions of this act and to other statutes shall be taken to
refer to such other portions or statutes as heretofore or hereafter
amended.
Section 3. The organization of a regional school district planning
board by the city of North Adams and the towns of Adams, "Williams-
town, Clarksburg, Florida, Savoy, Monroe, Heath, Charlemont and
Rowe under the provisions of cha])ter five hundred and eighteen of
the acts of nineteen hundred and fifty-eight is hereby validated.
Section 4. This act shall take effect upon its passage.
Approved July 17, 1959.
Chap. 428. An Act making any credit union doing business in the
commonwealth eligible to become a member of the
central credit union fund, inc.
Be it enacted, etc., as follows:
Chapter 216 of the acts of 1932, is hereby amended by striking out
section 3, as amended by chapter 46 of the acts of 1958, and inserting
in place thereof the following section : — Section 3. Any credit union
Acts, 1959. — Chaps. 429, 430. 323
doiug business in 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 credit 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 July 23, 1959.
Chap. 429. An Act authorizing the city of boston to borrow
MONEY FOR REMODELING, RECONSTRUCTING AND MAKING
EXTRAORDINARY REPAIRS TO A CERTAIN SCHOOL OWNED BY
SAID CITY.
Be it enacted, etc., as follows:
Section 1. The city of Boston, by a two-thirds vote, as defined in
section one of chapter forty-four of the General Laws, may borrow
from time to time not exceeding, in the aggregate, one million dollars,
for remodeling, reconstructing, or making extraordinary repairs to,
Roxbury Memorial High School in order to make it suitable for use
as Boston Technical High School, and may issue bonds or notes there-
for. Such bonds or notes shall bear on their face the words, City of
Boston, Extraordinary School Repairs Loan, Act of 1959. Each
authorized issue shall constitute a separate loan and shall be paid in
not more than ten years from the date of issue. Debt incurred under
this section shall not be included in determining the limit of indebted-
ness of said city as established by law, but shall, except as provided
herein, be subject to the provisions, applicable to said city, of chapter
forty-four of the General Laws, exclusive of the limitation contained
in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved July 23, 1959.
Chap. 430. An Act authorizing the county treasurer for the
county of PLYMOUTH TO PAY; A SUM OF MONEY TO H. F,
JOHNSON & SONS.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of any general or spe-
cial law to the contrary, or the failure to comply with the provisions
of sections forty-four A to fort,y-four L, inclusive, of chapter one hun-
dred and fortj'-nine of the General Laws, the treasurer of the county
of Plymouth is hereb}^ authorized to pay, from funds available, the
sum of two thousand three hundred and fifty dollars to H. F. Johnson
& Sons of Brockton for labor and materials furnished in making cer-
tain repairs on the superior court court house in the city of Brockton
under a contract dated December sixteenth, nineteen hundred and
fifty-eight and entered into between the county commissioners of said
county and said H. F. Johnson & Sons.
Section 2. This act shall take effect upon its passage.
Approved July 23, 1959.
324 Acts, 1959. — Chaps. 431, 432.
Chap. 431. An Act regulating tue DisPoaAL of coxVtainers used
FOR REFRIGERATIVE PURPOSES.
Be it enacted, etc., as follows:
Section 1. Chapter 271 of the General Laws, as ameuded by chap-
ter 107 of the acts of 1959, is hereby further amended by striking out
section 46 and inserting in place thereof the following section : — Sec-
tion 46. Whoever fails to remove the door or doors from a container
originally used for refrigerative purposes before discarding it, or
setting it aside for failure to use such container, or before keeping it
out of doors for sale or any other purpose in a place accessible to un-
attended children, shall be punished by a fine of not more than one
thousand dollars.
Section 2. The commissioner of public safety shall notify in writ-
ing the police authorities throughout the commonwealth of the need
for diligent enforcement of section forty-six of chapter two hundred
and seventy-one of the General Laws as hereby amended.
Approved July 23, 1959.
Chap. 432. An Act establishing representative town govern-
ment BY LIMITED TOWN MEETINGS IN THE TOWN OF
AUBURN.
Be it enacted, etc., as follows:
Section 1. There is hereby established in the town of Auburn a
form of representative town government by limited town meetings
hereinafter set forth.
Section 2. Upon the acceptance of this act by the town, a dis-
tricting committee, consisting of the selectmen and the registrars of
voters, shall divide the town into not less than five voting precincts.
Each precinct shall contain not less than eight hundred nor more than
two thousand registered voters.
Section 3. The number of members of the representative town
meeting elected in each precinct shall be approximately in the same
ratio to the number of members elected in the town as the number of
registered voters in the precinct is to the number of registered voters
in the town. The membership in each jorecinct shall consist of the
largest number divisible by three which will result in a total elected
membership in the town not exceeding one hundred and twenty.
Section 4. The mem])ership of the representative toAvn meeting
elected in each precinct shall consist of registered voters other than
elected town officials.
Section ,5. It shall be the duty of the select meii and the chairman
of each board or committee of the town and the head of each town
department to attend that part of every representative town meeting
at which matters, other than those to be acted upon or determined by
ballot, are to be considered.
Section 6. The j)recincts shall be plainly designated and so estab-
lished as to consist of compact and contiguous territory, and shall be
l)ounded so far as possible by the center line of highways or by other
well-defined limits.
Acts, 1959.~CHAr. i;J2. 325
Section 7. The bouudaries oi' the i)reeiiicts shall be reviewed and
may be wholly or partly revised by the districting eoiuniittee in
November of any year after the exi)iration of five years following their
establishment or revision, or in November of any other year when so
directed by vote of a representative town meeting held not later than
the twentieth day of October in such year.
Section 8. The districting committee shall within thirty da^^s after
the establishment or revision of precincts file its report with the town
clerk and the assessors, with a map or descri{)tion of the precincts and
the names and addresses of the registered voters in each precinct. It
also shall cause to be posted in the towii hall a map or description and
a list of the registered voters in the precinct as established or revised,
and similar information for each precinct shall be posted in at least
one public place in the precinct.
Section 9. The division of the town into precincts and any re-
vision of precincts shall take effect upon the date of filing of said
report with the town clerk. Whenever precincts are established oi-
revised, the town clerk shall give wa*itten notice to the secretary of
the commonwealth, stating the number and designation of the pre-
cincts.
Section 10. Meetings of the registered voters of the several pre-
cincts for elections and primaries or for voting upon a question to be
submitted to all the voters of the town shall be held at the same time
and at such place or places as the selectmen shall direct in the warrant
for the meeting.
Section 11. The nomination of candidates for town meeting mem-
bers shall be made by nomination papers -which shall bear no political
designation. Such papers shall be signed by not less than ten regis-
tered voters of the ])recini't in which the candidate resides and shall be
filed with the town clerk not later than the last day on which the
nomination papers of candidates for other tow'n offices must be filed.
They shall be submitted to the registrars of voters and shall be certified
in the manner provided by law for the certification of the nomination
papers of candidates for town offices. Nomination papers shall not be
valid for any candidate whose written acceptance is not endorsed
thereon or attached thereto when filed.
Section 12. A tow-n meeting member may become a candidate for
re-election by giving written notice to the town clerk not later than
fourteen days prior to the last day on which the nomination papers of
candidates for other town offices must be filed.
Section ]3. The registered voters in each precinct, at the first an-
nual town election held after the establishment of the precinct, and
those in any precinct affected by a revision of precincts at the first
annual town election following such revision, shall elect by ballot the
tnimber of registered voters in the ])recinct, determined as herein pro-
vided, to be towni meeting members of the town.
Section 14. The first third oF members elected in the order of
votes received shall serve for three years, the second third for two
years, and the remaining third for one year from the day of the annual
town meeting. Tn case of an equal vote affecting the division into
thirds, the members from the precinct shall determine the same by
ballot.
326 Acts, 1959. — Chap. 432.
Section 15. Thereafter, except as otherwise provided herein, the
registered voters of each precinct at each annual town election shall
elect for the term of three years in like manner such number as is nec-
essary to provide the total number of town meeting members to which
the precinct is entitled.
Section 16. If two or more candidates for town meeting member
receive an equal number of votes, other than for the division into
thirds, for deciding their term of office, the remaining members elected
in such i)recinct at the same election shall determine by ballot which
of the candidates shall serve as a town meeting member. The terms
of office of the town meeting members from any precinct whose
boundaries are revised shall cease upon the election of their successors.
The town clerk, after every election of town meeting members, shall
notify each member by mail of his election.
Section 17. If the boundaries of any precinct are revised or any
new precinct established there shall be a new election of town meeting
members in such precinct at the first annual town election following
such a revision.
Section 18. The town meeting meml)ers shall be elected in con-
formity with the laws relative to elections, and tlie provisions of law
relating to precinct voting at elections shall apply to all elections and
primaries in the town so far as such laws are not inconsistent with
this act.
Section 19. A town meeting member may resign by filing a writ-
ten resignation wath the town clerk, effective upon the date of filing.
A member who removes from the town shall cease to be a member, and
a member who removes from one precinct to another may serve only
until the next annual town meeting.
Section 20, A vacancy in the number of town meeting members
from any precinct arising from any cause shall be filled by the unsuc-
cessful candidate receiving the highest number of votes at the pre-
ceding election in the precinct and who consents to accept the office.
Such candidate shall be deemed to be elected and the town clerk shall
give notice of his election upon the filing of his Avritten acceptance,
if there be no such candidate willing to accept, then the vacancy shall
be filled by the remaining members from the precinct as hereinafter
provided.
Section 21. Upon petition signed by not less than one third of the
town meeting members from the precinct, the town clerk shall call a
meeting of the remaining members from the precinct for the purpose
of filling the vacancy, notice of which shall be mailed to such members
not less than seven days before the time of the meeting.
Section 22. A majority of the members from the precinct at-
tending such meeting shall constitute a quorum and shall elect one of
their number as chairman and one as clerk. The vote shall be by
ballot and a plurality of votes cast shall be necessary for a choice. The
chairman and clerk shall count the ballots, and the chairman shall
make a certificate of the clioice which shall be filed with the town clerk
together with a written acceptance of the person so chosen, who there-
upon sliall be deemed to be elected as a town meeting member.
Section 23. A moderator shall be elected by ballot at the annual
town meeting when the term of office of a moderator expires, and he
Acts, 1959. — Chap. 432. 327
shall serve at all low a lueeliugs, except as otherwise provided by law,
uutil a successor is elected and qualified. It shall be his duty to vote
wheuever the meeting is evenlj' divided. The nomiuation aud election
of a moderator shall be the same as for other elective town officers and
any vacancy in the office may be filled by the town meeting members
at a meeting held for the purpose. If the moderator is absent, a mod-
erator pro tcm nuiy be elected by the town meeting members.
Section 24. The articles in the warrant for every town meeting
which relate to the election of a moderator, town officers, and town
meeting members and to referenda and ail matters to be acted upon
and determined by ballot, shall be acted upon aud determined by the
registered voters of the town in their respective precincts. All other
articles shall be acted upon and determined exclusively by the town
meeting members at a meeting held at a time aud place specified by
the selectmen in the warrant for the meeting, subject to a referendum
as herein provided.
Section 25. The town clerk shall mail a copy of the warrant to
each town meeting member at least seven days before the meeting.
Section 26. The members of the town meeting shall be the judge
of the election and qualifications of their own members. The mem-
bers shall receive no compensation for serving as members of the town
meeting. Two thirds of the members shall constitute a quorum for
the transaction of business. A lesser number may organize temporarily
and may adjourn from time to time, but a meeting shall not adjourn
beyond the date of an election of town meeting members.
Section 27. All representative town meetings shall be open to the
public. Any registered voter of the town who is not a town meeting
member may, subject to such conditions as the town meeting may
determine, speak at least once on any matter at such a meeting, but he
shall have no vote.
Section 28. A vote of the representative town meeting, either
passing or rejecting a measure, under any article in the warrant shall
not be operative until the expiration of seven days exclusive of Sun-
days and holidays, from the dissolution of the meeting other than the
following: (a) to adjourn; (&) to appropriate money for the payment
of principal and interest of bonds and notes of the town; (c) to
authorize the temporarj^ borrowing of money in anticipation of rev-
enue; (d) to enact an emergency measure required for the immediate
preservation of the public peace, health or safety and so declared by a
preamble and adopted by a two thirds vote of the town meeting mem-
bers present and voting thereon.
Section 29. If within such period of seven days a petition signed
by not less than three per cent of the registered voters in each pre-
cinct is filed with the selectmen asking that any question involved in
such a vote be submitted to the voters of the town at large, then the
selectmen wnthin five days thereafter shall call a special meeting to be
held within ten days following such call for the sole purpose of pre-
senting the question to the voters at large.
Section 30. Any question submitted shall be stated upon the ballot
substantially in the same language and form in which it was finally
presented to the representative town meeting by the moderator as
recorded in the records of the meeting.
328 Acts, 1959. — Chap. 432.
Section 31. The polls for voting upon siicli a question shall be
opened at two o'(^loek in the afleriiooii and elosed not earlier than
eight o'elock in the evening. The vote shall be takfii by l>allot and the
eheck list used in the several preeincts in the same manner as for the
election of town officers. A question submitted shall be determined
by the same proi)ortion of votes as would be required if the question
were determined by a representative town meeting, but an action of
the representative town meeting shall not be reversed unless at least
twenty per cent of all the registered voters shall so vote.
Section 32. If such a petition for a referendum is not filed within
seven days the vote of the representative town meeting shall become
operative and etfeetive upon the expiration of that period.
Section 33. The town shall liave the cai)acity to act through and
to be bound by the action of its town meeting members, who when con-
vened from time to time shall constitute a representative town meeting.
The representative town meeting shall have and may exercise all
])owers vested in the municij)al eoi'poration so far ms is consistent with
the provisions of this act.
Section 34. Action by a representative town meeting in con-
formity with laws now or hereafter applicable to the transaction of
town affairs in town meeting shall have the same force and effect as if
taken in a town meeting open to all voters of the town, as organized
and conducted before the establishment of representative town gov-
ernment.
Section 35. This act shall not abridge the right of the inhabitants
of the town to hold general meetings, as secured to them by the con-
stitution of the commonwealth, nor confer upon any representative
town meeting the power finally to commit the town to any measure
affecting its municipal existence or substantially changing its form of
government without action thereon by the voters at large, using the
l)allot and check list therefor.
Section 36. This act shall be submitted to the registered voters of
the town of Auburn at a s))ecial town meeting to be held during the
last ten days of October, nineteen hundred and fifty-nine — said meet-
ing to be called l)y the selectmen in the manner prescribed by law.
The vote shall be taken by ballot in accordance with the provisions of
law, so far as the same shall be applicable. The question to be placed
upon the ballot shall be: — "Shall an act passed by the General Court
in the year nineteen hundred and fifty-nine entitled 'An act establish-
ing representative town government by limited town meetings in the
town of Aul)urn' be accepted by this town?"
Section 37. Tf this act is not accepted by the registered voters of
the town when first submitted, it may again be submitted for ac-
ceptance in like manner from time to time at any town election within
five years thereafter, upon petition signed by at least three per cent of
the registered voters of the town.
Section 38. This act shall take effect upon its acceptance by a
majority of the voters voting thereon for all purposes incidental to
th(> next annual town election, and it shall take full effect beginning
with said election. Apprnvrd July 27, 1959.
Acts, 1959. — Chap. 433. 329
Chap. 433. An Act making Ai'i'Hoi-mA'riDXs kok thk fiscal year
NIXKTKEX liUNDHEI) AND SIXTY, FUK THE MAINTENANCE OF
DEl'AKTiMENTS, IJOAHOS, COMMISSIONS, INSTITUTIONS AND
CERTAIN ACTIVITIES OF THE COM MONWEAETII, FOR INTEREST,
SINKING FUND AND SERIAL BOND REQUIREMENTS, AND FOR
CERTAIN PERMANENT IMPROVEMENTS.
Ii( H ( nachd, etc., as follows:
Section 1. To provide for tlic niainteiuuicc of the several depart-
nuMits, boards, coiumissious and institutions, of sundry other services,
and for certain pei-manent improvements, and to meet certain require-
ments of law, the sums set forth in section two, for the several pur-
poses and subject to the conditions specified in said section two, are
hereby appropriated from the funds designated in said section, sub-
ject to the provisions of law regulating the disbursement of public
funds and the approval thereof, for the fiscal year ending June thir-
tieth, nineteen hundred and sixty, in this act referred to as the year
nineteen hundred and sixty, or for such period as may be specified.
Section 2.
STATE PURPOSES APPROPRIATIONS.
APPROPRIATIONS MADE FROM THE GENERAL FUND.
Service of the Legislature.
Senate.
Item
0101-01 For the compensation of senators, prior appropriation con-
tinued $221,000 00
0101-02 For the salary of the clerk of the senate . . 12,000 00
0101-03 For the salary of the assistant clerk of the senate 9,500 00
0101—04 For clerical assistance to the clerk of the senate, includiiig not
more than two permanent positions . . 12,480 00
0101-05 For the salary of the chaplain of the senate . 3,960 00
0101-06 For personal services of the counsel to the senate and as-
sistants, including' not more than four pemianent posi-
tions ........ 44,640 00
0101-07 For clerical and other assistance including expenses of the
senate committee on rules, including not more than seven
permanent positions; provided, that notwithstanding any pro-
vision of law to the contrary, the present clerk of the senate
committee on rules may continue to serve in said ofHce sub-
ject to the will of the senate . . . . 52,130 00
0101-30 For expenses of senators, including travel, prior appropriation
continued ....... 34,000 00
0101-51 For stationery for the senate, purchased by and with the ap-
proval of the clerk 600 00
0101-53 For expenses of the counsel to the senate . . 1,500 00
0101-54 For expenses of the senate clerk's office . . 200 00
0101-56 For the expenses of the senate committee on ways and means,
including not more than three permanent positions, prior
appropriation continued .... 18,000 00
0101-60 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 $411,010 00
330 Acts, 1959. — Chap. 433.
House of Representatives.
Item
0102-01 For the compensation of representatives, prior appropriation
continued $1,263,600 00
0102-02 For tlie salary of the clerk of the house of representa-
tives 12,000 00
0102-03 For the salary of the assistant clerk of the house of representa-
tives 9,500 00
0102-04 For clerical assistance to the clerk of the house of representa-
tives, including not more than four permanent posi-
tions 26,640 00
0102-05 For the salary of the chaplain of the house of representa-
tives 3,960 00
0102—06 For personal services of the counsel to the house of representa-
tives and assistants, including not more than seven perma-
nent positions ...... 85,000 00
0102-07 For clerical and other assistance to the house committee on
rules, including not more than fourteen permanent posi-
tions 75,440 00
0102—08 For clerical and other assistance to the house committee on
ways and means, including not more than eight permanent
positions, prior appropriation continued . 56,700 00
0102-30 For expenses of representatives, including travel, prior ap-
propriation continued ..... 225,000 00
0102-51 For stationery for the house of representatives, purchased by
and with the approval of the clerk . . . 1,300 00
0102-52 For expenses of the committee on rules on the part of the
house of representatives for the year nineteen hundred
and sixty and the previous year, prior appropriation con-
tinued 7,000 00
0102-53 For expenses of the counsel to the house of representa-
tives 1,500 00
0102-54 For expenses of the clerk's office, house of representa-
tives 500 00
0102-56 For expenses of the house committee on ways and means, prior
appropriation continued .... 15,000 00
0102—60 For traveling and such other expenses of the committees of the
house of representatives as may be authorized by order of the
house of representatives ..... 1,500 00
Total $1,784,640 00
Sergeant-at-A rms.
0103-01 For the salary of the sergeant-at-arms . . $8,780 00
0103-02 For clerical and other assistance employed by the sergeant-
at-arms, including not more than six permanent posi-
tions 33,540 00
0103-03 For the salaries of the doorkeepers of the senate and
house of representatives, with the approval of the ser-
geant-at-arms, including not more than two peniianent posi-
tions 14,640 00
0103-04 For the salaries of assistant dooi-keepers of the senate and
house of representatives and of general court officers, with
the approval of the sergeant-at-arms, including not more than
thirty-six permanent positions . . . 213,820 00
0103-05 For compensation of the pages of the senate and house of
representatives, with the approval of the sergeant-at-
arms, including not more than twenty-four permanent posi-
tions ... .... 64,220 00
0103-06 For the salaries of clerks employed in the legislative document
room, including not more than three permanent posi-
tions 27,360 00
Acts, 1959. — Chap. 433. 331
It«m
0103-51 For contingent expenses of the senate and house of representa-
tives and necessary expenses in and about the state house,
with the approval of the sergeant-at-arms, prior appropria-
tion continued . .... $21,200 00
0103-52 For the payment of witness fees to persons summoned to ai)pear
before committees of the general court, and for expenses in-
cidental to summoning them, with the approval of the ser-
geant-at-anns ...... 300 00
Total $383,860 00
Legislative Research Council.
0104-01 For expenses of the legislative research council, prior appropri-
ation continued ...... $3,000 00
0104-02 For personal services and other expenses of the legislative re-
search bureau 80,000 00
Total $83,000 00
Recodification Counsel.
0105-01 For expenses of the recodification counsel, as authorized by sec-
tion fifty-five A of chapter three of the General Laws, includ-
ing not more than four permanent positions $31,120 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
0110-04 For expenses in connection with the publication of the bulletin
of committee hearings and of the daily list, with the approval
of the joint committee on rules, including not more than two
permanent positions ..... 50,000 00
0110-05 For telephone service, prior appropriation con-
tinued 30,000 00
0110-12 For the emergency services of a physician, for medical supplies
in the state house and for expenses including the purchase of
equipment in connection thei'ewith, 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 payments made under this item . . 5,200 00
0110-22 For the preparation and printing of a descriptive pamphlet of
the senate chamber and adjacent rooms . . 600 00
0110-30 For traveling and such other expenses of joint committees of
the general court as may be authorized by joint order of the
general court 2,000 00
Total $287,800 00
Special Investigations.
0258-01 For an investigation and study of state needs and pioblems, as
authorized by chapter eighty-six of the resolves of nineteen
hundred and fifty-eight ..... $5,000 00
Total, Legislative $2,986,430 00
332
Acts, 1959. — Chap. 433.
Item
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
0305-14
0305-15
Service of the Judiciary.
Supreme Jndicinl 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 . . . 4,473 00
For law clerks and clerical assistance for the jus;-
tices 65,852 00
For office supplies, services and equipment . 7,500 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 3,500 00
For the service of the executive secretary . . 29,815 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 pennanent positions , . . 18,275 00
Total $319,801 00
Superior Court.
For the salaries of the chief justice and of the thirty-seven
justices $710,000 00
For traveling allowances and expenses, prior appropriation con-
tinued ........ 38,000 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 . 37,500 00
For the compensation of probation officers, including not more
than forty pennanent positions . . . 290,000 00
For personal services and expenses of the office of the .super-
visor of probation ..... 6,033 00
Total $1,083,033 00
Judicial Council.
0308-01 For the servic* of the judicial council
$8,000 00
Administrative Committee of District Courts.
0310-01 For the service of the administrative committee of district
courts ........ $14,000 00
Administrative Committee of Probate and Insolcency 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 foi- premiums paid for procuring
sui'eties 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
Acts, 1959. — Chap. 433.
333
Item
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
0329-02
0329-03
0329-04
0330-01
0330-02
0330-04
Probate and Insolvency Courts.
For the salaries of judges of probate, registers of probate, as-
sistant registers and clerical assistance to registers of the
several counties:
Barnstable:
Judge of probate
Register
Assistant register . .
Clerical assistance to register, including not
permanent positions
Berkshire:
Judge of probate .
Register
Assistant legister . . . . .
Clerical assistance to register, including not
permanent positions ....
Bristol:
Two judges of probate ....
Register ......
Two assistant registers ....
Clerical assistance to register, including not
teen permanent positions .
Dukes:
Judge of probate .....
Register . . ,
Clerical assistance to register, including not
permanent position
Essex:
Two judges of probate
Register
Three assistant registers
Clerical assistance to register, including not more than six-
teen permanent positions
Franklin:
Judge of probate .
Register
Assistant register .
Clerical assistance to register, including not more than two
permanent positions
Hampden :
Two judges of probate .
Register ....
Three assistant registers
Clerical assistance to register,
thirteen permanent positions
Hampshire:
Judge of probate .
Register ....
Assistant register
including
Clerical assistance to register, including not more than two
permanent positions ..... 6,969 00
Middlesex:
Three judges of probate
Register ......
Five assistant registers ....
Clerical assistance to register, including not
three permanent positions .
Nantucket:
Judge of probate .....
Register ....... .,
Clerical assistance to register, including not more than one
permanent position . . 3,146 00
$11,500 00
7,150 00
4,950 00
more than four
12,656 00
11,500 00
7,700 00
5,500 00
more than five
17,622 00
26,000 00
9,350 00
12,650 00
nore than four-
49,322 00
4,500 00
4,950 00
more than one
3,146 00
26,000
9,900
19,800
00
00
00
56,809 00
11,500 00
7,150 00
4,950 00
not
7,254 00
26,000 00
9,350 00
18,150 00
more than
47,279 00
11,500 00
7,150 00
4,950 00
43,500 00
11,550 00
34,650 00
more than forty-
149,294 00
4,500 00
4,950 00
334
Acts, 1959. — Chap. 433.
Item
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
including not
Norfolk:
Two judges of probate .
Register ....
Three assistant registers
Clerical assistance to register
teen permanent positions .
Plymouth :
Judge of probate .....
Register ......
Assistant register .....
Clerical assistance to register, including not
permanent positions ....
Suffolk:
Three judges of probate
Register ......
Five assistant registers ....
Clerical assistance to register, including not
nine permanent positions .
Worcester:
Two judges of probate ....
Register ......
Four assistant registers
Clerical assistance to register,
permanent positions .
$29,000 00
9,900 00
19,800 00
more than fif-
53,439 00
11,500 00
7,700 00
5,500 00
more than eight
27,016 GO
45,750 00
11,550 00
34,650 00
more than forty-
175,878 00
26,000 00
9,900 00
25,300 00
including not more than fifteen
53,163 00
Total $1,260,843 00
Land Court.
For the salaries of the judge, associate judges and the re-
corder, including not more than four permanent posi-
tions $71,250 00
For the service of the land court, including not more than forty-
three permanent positions .... 269,068 00
Total $340,318 00
0345-01
For
law
Pensions for Certain Retired Justices.
pensions of retired judges, as
authorized by
$150,000 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
positions $173,801 00
0351-01 For the salaries of the district attorney and assistants for the
northern district, including not more than twelve permanent
positions 82,500 00
0352-01 For the salaries of the district attorney and assistants for the
eastern district, 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 district, including not more than five permanent
positions ....... 26,200 00
0356-01 For the salaries of the district attorney and assistants for the
western district, including not more than four permanent
positions 20,400 00
Acts, 1959. — Chap. 433. 335
Item
0357-01 For the salaries of the district attorney and assistant for the
northwestern district, including not more than two per-
manent positions ...... $10,100 00
0358-01 For the salaries of the district attorney and assistants for the
Norfolk district, including not more than four permanent
positions 19,800 00
0359-01 For the salaries of the district attorney and assistants for the
Plymouth district, including not more than four pennanent
positions 19,300 00
0365-01 For traveling expenses necessarily incurred by the district at-
torneys, except in the Suffolk district, including expenses in-
curred in previous years .... 5,000 00
Total $410,301 00
Committee on Probation.
0370-01 For the office of the commissioner of probation, including not
more than fifty pex-nianent positions . $242,560 00
0370-02 For compensation and expenses of the members of the commit-
tee on probation, as authorized by section ninety-nine A of
chapter two hundred and seventy-six of the General
Laws 1,700 00
Total $244,260 00
Board of Bar Examiners.
0380-01 For the sez'vice of the board, including not more than six per-
manent positions ...... $37,575 00
Total, Judiciary $3,875,631 00
Service of the Executive Department.
Governor.
0401-01 For the salary of the governor .... $20,000 00
0401-02 For the salaries of officers and employees in the governor's
office 140,000 00
0401-03 For postage, printing, office and other contingent expenses, in-
cluding travel of the governor . . . 40,000 00
0401-04 For maintenance expenses of the governor's auto-
mobile 1,800 00
Total $201,800 00
Lientenant-Governor.
0402-01 For the salary of the lieutenant-governor . . $11,000 00
0402-02 For personal services for the lieutenant-governor's
office 18,400 00
Total $29,400 00
Governor's Coimcil.
0403-01 For the salaries of the eight councillors . . $24,000 00
0403-02 For personal services for the council . . . 32,390 00
0403-03 For postage, printing, stationery, traveling and contingent
expenses of the governor and council . . $14,000 00
0403-05 For travel and expenses of the lieutenant-governor and council
from and to their homes .... 4,000 00
Total $74,390 00
336
Acts, 1959. — Chap. 433.
Item
0405-01
Extraordinary Expenses.
For the cost, not to exceed fifteen thousand dollars, of enter-
tainment of distinguished visitors to the commonwealth,
provided that no expenditure shall be allowed for a party
exceeding fifty visitors; for the payment 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 fi-
nance which, after investigation, shall submit for the approval
of the governor and council its written recommendation as
to the amount of funds required, with facts pertinent
thereto $100,000 00
Civil Defense Ageyicy.
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 continued . . . $250,000 00
Total, Executive Department $655,590 00
Serviae of the Military Division.
Adjutant General.
0420-01 For the salary of the adjutant general $16,200 00
0420—02 For the office of the adjutant general, including not more than
thirty-eight pei-manent positions . . . 187,860 00
Militia :
0421-01 For allowances to companies and other administrative units,
to be expended under the direction of the adjutant
general 192,000 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 . . . 50,000 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 twenty-sixth division . 43,692 00
0421-14 For compensation for accidents and injuries sustained in the
performance of military duty . . . 2,000 00
0421-15 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, in-
cluding compensation of the commissioner . 579 00
0421-21 For the service of the air national guard, including not more
than one permanent position . . . . 11,637 00
0421—60 For the operation of the war records project, so-called, includ-
ing not more than seven permanent positions . 25,570 00
0421—61 For expenses for maintaining headquarters in the state house
of the department of Massachusetts United Spanish War
Veterans, with the approval of the department commander
and the adjutant general .... 1,500 00
Total $612,038 00
Acts, 1959. — Chap. 43;i
337
Item
0423-01
0423-02
0424-01
0424-02
0424-05
0424-08
0428-01
State Quartermaster.
For the office of the state quartermaster . . $3,850 00
For the operation of armories of the first class, including not
more than ninety permanent positions . . 676,000 00
Militia:
For reimbursement for rent and maintenance of armories not
of the first class 24,320 00
For the Camj) Curtis Guild rifle range, including not more than
seven permanent positions .... 29,951 00
For certain storage and maintenance facilities, including not
more than twenty-eight permanent positions 106,753 00
For certain national guard aviation facilities, including not
more than nine permanent positions . . 37,516 00
Total $878,390 00
A r tno ry Co m vi iss io n.
For compensation of one member and for expenses of the
armory commission ..... $200 00
Notwithstanding the provisions of chapter thirty of the General
Laws, certain military personnel in the military division may
be paid salaries according to military pay grades, so-called.
Total, Military Division $1,490,628 00
Boards and Commissions serving under Governor and Council.
Comtnission on Administration and Finance.
0440-32 For awards to state employees to be granted as provided by
chapter five hundred and four of the acts of nineteen
hundred and fifty-three, prior appropriation continued.
0441-01 For the office of the commissioner of administration, including
not more than fourteen permanent positions; provided, that
the comptroller shall transfer to the General Fund the sum
of one hundred and six thousand and sixty-one dollars from
the Highway Fund $216,637 00
0441-03 For telephone service in the state house, prior appropriation
continued ....... 160,000 00
0441-04 For the personal expenses of the governor while living in the
vicinity of Boston, with the approval of the commissioner of
administration ...... 10,000 00
0442-01 For the bureau of the comptroller, including not more than one
hundred and seventeen peiTiianent positions; provided, that
the comptroller shall transfer to the General Fund the sum
of one hundred and seventy-eight thousand two hundred and
ninety-four dollars from the Highway Fund . 594,312 00
0443-01 For the bureau of the budget commissioner, including not more
than fourteen permanent positions; provided, that the comp-
troller shall transfer to the General Fund the sum of thirty-
two thousand two hundred dollars from the Highway
Fund 90,334 00
0444-01 For the bureau of the purchasing agent, including not more
than seventy-four permanent positions; provided, that the
comptroller shall transfer to the General Fund the sum of
one hundred and seven thousand six hundred and forty-five
dollars from the Highway Fund . . . 358,816 00
0444—02 For the purchase of paper used in the execution of the con-
tracts for state printing, other than legislative 85,000 00
338
Acts, 1959. — Chap. 433.
Item
0445-01
0445-03
0446-01
0447-01
0448-01
0448-02
For the division of personnel and standardization, including not
more than sixty-tive permanent positions; provided, that the
comptroller shall transfer to the General Fund the sum of
one hundred and fifteen thousand five hundred and thirty-
nine dollars from the Highway Fund . . $365,130 00
For the compensation and expenses of the personnel appeals
board, as authorized by section fifty-five of chapter thirty
of the General Laws ..... 3,000 00
For the division of building construction, including not more
than forty permanent positions . . . 336,101 00
For the division of hospital costs and finances, including not
more than three permanent positions . . 43,829 00
For administration of the state employees' group insurance,
including not more than eleven permanent posi-
tions 110,522 00
For the commonwealth's share of the state employees' group
insurance premium; provided, that the group insurance com-
mission shall chai'ge the division of employment security and
other departments and divisions 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 continued . . 2,950,000 00
Total $5,323,681 00
0450-01
0457-01
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 $820,209 00
Total $820,209 00
Cotntnissioners on Uniform State Laws.
For the expenses of the commissioners . . $2,750 00
State Library.
0459-01 For the service of the state library, including not more than
thirty-one permanent positions . . . $153,940 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, prior appropriation
continued $3,117 00
Massachusetts Comniission Against Discriviinution.
0462—01 For the service of the Massachusetts Commission Against Dis-
crimination, including not more than fourteen permanent
positions $90,597 00
Acts, 1959. — Chap. 433. 339
state Racing ConDuission.
It«m
0463-01 For the service of the commission, including not more than
eleven permanent positions; provided, that fees paid to vet-
erinarians 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 $152,531 00
Council for the Aging.
0465-01 For expenses of the council for the aging , . $13,689 00
Mount Greylock Reservation Commission.
0466-01 For the maintenance of the Mount Greylock war me-
morial $1,327 00
Old State House.
0467-01 For the contribution of the commonwealth toward the main-
tenance of the old provincial state house . $1,500 GO
Alcoholic Beverages Control Commission.
0469-01 For the service of the commission, including not more than sixty-
five permanent positions .... $415,661 00
Contributory Retirement Appeal Board.
0471-01 For the sei*vice of the contributory retirement appeal
board $100 00
Thames River Valley Flood Control Comtnission.
0473-01 For expenses of the commission, as authorized by chapter six
hundred and sixteen of the acts of nineteen hundred and
fifty-seven $7,500 00
Connecticut River Valley Flood Control Commission.
0474-01 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 $21,800 00
Merrimack River Valley Flood Control Commission.
0475-01 For expenses of the commission, as authorized by chapter six
hundred and eight of the acts of nineteen hundred and
fifty-six $55,625 00
New England Board of Higher Education.
0476-01 For expenses of the New England Board of Higher Education,
as authorized by chapter five hundred and eighty-nine of the
acts of nineteen hundred and fifty-four, and for compensation
and expenses of the commissioners, as provided by section
four of said chapter $25,570 00
0476-02 For payments to medical or dental schools on acceptance of cer-
tain Massachusetts students, as authorized by the New Eng-
land Board of Higher Education, prior appropriation
continued 60,000 00
Total $85,570 GO
Finance Advisory Board.
0477-01 For expenses of the board . . . . $100 00
340
Acts, 1959. — Chap. 433.
Item
0479-01
0479-02
0481-01
0482-01
0483-01
0484-01
0485-01
0485-02
0485-03
0490-02
0497-01
0498-01
Medical, Dental and Nursing Scholarship Board.
P'or expenses of the board, as authorized by section one hundred
of chapter six of the General Laws . $500 00
For scholarships, as authorized by section one hundred of chap-
ter six of the General Laws .... 60,000 00
Total $60,500 00
Soldiers' Hovie in Massachusetts.
For the maintenance of the Soldiers' Home in Massachusetts,
including- not more than live hundred and seventy-two per-
manent positions $2,989,863 00
Total $2,989,863 00
Soldiers' Home in Holyoke.
For the maintenance of the Soldiers' Home in Holyoke, including
not more than two hundred and eight permanent posi-
tions $1,076,157 00
State Housing Board.
For the service of the board, including not more than thirteen
peiTnanent 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 general . $289,399 00
Veterans' Bonus Commission.
The functions and duties of the vetei-ans' bonus commission are
hereby transferred to the jurisdiction of the commissioner of
veterans' services.
Commissioner of Veterans' Services.
For personal sei'vices of the commissioner and deputies, includ-
ing not more than three permanent positions . $25,540 00
For the office of the commissioner, and for the administration
of the veterans' bonus act, so called, including not more than
eighty-three permanent positions . . . 432,224 00
For the payment of annuities to certain disabled veterans, as
authorized by sections six A to six C, inclusive, of chapter
one hundred and fifteen of the General Laws, prior ap-
propriation continued ..... 107,000 00
Total $564,764 00
Massachusetts Aeronautics Commissio7).
For the service of the commission, including not more than nine
permanent positions ..... $40,244 00
Total $40,244 00
Massachusetts Rehabilitation Commission.
For the service of the commission, including not more than
one peiTnanent position, prior appropriation con-
tinued . $580,376 00
Massachiutetts Co^nmission on Atomic Energy.
For the service of the commission . . . $10,334 00
Total, Boards and Commissions serving under Governor and
Council $12,761,584 00
Acts, 1959. — Chap. 4:'.:).
'M\
()r>oi-
i)r)Oi-
0502-01
050L' 02
0503-01
0503-02
0503-03
0504-01
0505-01
0506-01
Service of the Secretary of the Commonwealth.
For the salary of the secretary . . . . $11,000 00
For the otHce of the secretary, incluclinj; not more than seventy-
eight permanent positions .... 432,225 00
For the purchase of certain supplies, equipment and repairs
necessary in connection with the reproduction of the manu-
script collection designated "Massachusetts Archives", and
for the furnishing of photostatic copies of corporation papers,
election papers and acts and resolves . . 7,300 00
For the purchase and distribution of copies of certain journals
of the house of representatives of Massachusetts Bay from
seventeen hundred and fifteen to seventeen hundred and
eighty, inclusive, as authorized by chapter four hundred and
thirteen of the acts of nineteen hundred and twenty, as
amended 2,250 00
Total $452,775 00
Printing Laws, etc.
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 sixty, prior ap-
propriation continued ..... $36,900 00
For the printing of reports of decisions of the supreme judicial
court, prior appropriation continued . . 15,500 00
For printing and binding public documents, prior appropriation
continued ....... 9,000 00
Total $61,400 00
Matters Relatirig to Elections.
For preparing, printing and distributing ballots, and other mis-
cellaneous expenses for primary and other elections, including
not more than five permanent positions, prior appropriation
continued ....... $409,148 00
Medical Examiners.
For medical examiners' fees .
$1,500 00
Commission on Interstate Co-operation.
For the service of the commission, including not more than two
permanent positions ..... $32,443 00
Total, Department of the Secretary of the Commonwealth $957,266 00
0601-01
0601-02
0602-01
)ervice o
f the Treasurer and Receiver-General.
the
For the salary of the treasurer and receiver-
general ....... $11,000 00
For the office of the ti'easurer 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-nine thousand two hundred and
fourteen dollars from the Highway Fund . 423,245 00
Total $434,245 00
Commissioners on Firemen's Relief.
For expenses of administration and for relief disbursed by the
commissioners on firemen's relief . . . $15,250 00
342 Acts, 1959. — Chap. 433.
State Board of Retirement,
Item
0604—01 For the administrative office of the board, including not more
than twenty permanent positions . . . $98,011 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 eight hundred and twenty-five 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 re-
ceived from the metropolitan district commission, in accord-
ance with the provisions of section nine A of chapter twenty-
nine of the General Laws, and from the federal government
on account of the retirement of employees of the division of
employment security and the departments of public health,
public welfare and education are to be in addition to this item
and to be available for expenditure without further ap-
propriation $5,500,000 00
Total $5,598,011 00
Emergency Finance Board.
0605—01 For administrative expenses of the board, including not more
than one permanent position . , . . $16,567 00
World War and Spanish- A^nerican War Service.
0606—01 For making payments to soldiers in recognition of service during
World War I and the Spanish War, as provided by
law $750 00
Total, Department of the Treasurer and Receiver-General $6,064,823 00
Service of the Auditor of the Commonwealth.
0701-01 For the salary of the auditor .... $11,00000
0701-02 P"'or the office of the auditor, including not more than forty-two
permanent positions; provided, that the comptroller shall
transfer to the General Fund the sum of ninety-five thousand
four hundred and seventeen dollars from the Highway
Fund 303,056 00
0701-23 For an audit of the accounts of the Metropolitan Transit
Authority 30,500 00
0701-24 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 3,400 00
0701-25 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 .... 89,200 00
Total, Department of the Auditor $437,156 00
Service of the Department of the Attorney General.
0801-01 For the salary of the attorney general . . $15,000 00
0801-02 For the office of the attorney general, including not more than
forty-one permanent positions . . . 336,753 00
Acts, 1959.
Chap. 433.
343
Item
0801-
0802-
03
01
0802-02
0901-01
0901-02
0901-11
0901-21
0901-22
For the cost of providing certain legal assistance for the benefit
of veterans, 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 payments made under this item for claims
against agencies whose appropriations are derived from
other funds 60,000 00
For the settlement of 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 $440,353 00
Service of the Department of Agriculture.
For the salary of the commissioner . . . $10,000 00
For the office of the commissioner, including not more than
thirty-three permanent positions . . . 200,143 00
For expenses of the board of agriculture . . 500 00
For apiaiy 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 . . 8,474 00
For a program of soil conservation, as authorized by chapter
one hundred and twenty-eight B of the General
Laws 1,835 00
Total $220,952 00
0905-01
0905-03
0905-04
Division of Dairying ar?d Animal Husbandry.
For the service of the division, including not more than five
pei'manent positions ..... $30,728 00
For administering the law relative to inspection of barns and
dairies by the department of agriculture, including not more
than fifteen permanent positions . . . 90,849 00
For matching certain Federal funds allocated to the department
for a program of quality improvement of dairy prod-
ucts 4,200 00
Total $125,777 00
0906-01
Milk Control Commission.
This item postponed.
Division of Livestock Disease Control.
0907-01 For the office of the director, including not more than twenty-
eight permanent positions .... $230,819 00
0907—06 For travel, when allowed, of inspectors of animals, incidental
expenses of killing and burial of animals, quarantine and
emergency services, and for laboratory and veterinary sup-
plies and equipment ..... 1,610 00
0907-07 For reimbursement of owners of tubercular cattle killed, as
authorized by section twelve A of chapter one hundred and
twenty-nine of the General Laws and in accordance with
certain provisions of law and agreements made under author-
ity of section thirty-three of said chapter one hundred and
twenty-nine, prior appropriation continued . 2,000 00
344 Acts, 1959. — Chap. 433.
Item
0907-08 For the reimbursement of owners of certain brucellosis cattle
killed, as authorized by section thirty-six G of chapter one
hundred and twenty-nine of the General Laws, prior appro-
priation continued ..... $10,000 00
Total $244,429 00
Dirhio7i of Morkeln.
0908-01 For the service of the division, including: not more than eleven
permanent positions ..... $102,861 00
Dh'isiov of Plant Pest Cotitrol and Fairs.
0909-01 For the service of the division, including not more than four
permanent positions ..... $27,815 00
State Rcchivuitioii Board.
0910-01 For the service of the board, including not more than four
permanent positions ..... $17,749 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 Law.s 6,500 00
Total $24,249 00
Total, Department of Agriculture $746,083 00
Service of the Department of Natural Resources.
1001-01 For the salary of the commissioner . . . $10,000 00
1001-02 For the office of the commissioner, including not more than
thirty-four permanent positions . . . 189,350 00
1001-04 For the expenses of the natural resources board 500 00
Total $199,850 00
Diri.siov of Forests and Parks.
1002-01 For the office of the director, including not more than five
permanent positions ..... $26,858 00
1002-12 For the £el•^•ice of the state fire warden, including not more
than twenty-two permanent positions, and for expenses of the
Northeastern Forest Fire Protection Commission, as author-
ized 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 ....... 387,231 00
1002-14 For the expenses of forest fire patrol, as authorized by section
twenty-eight A of chapter forty-eight of the General
Laws ........ 58,245 00
1002-21 For the development of forests, including not more than thirty-
eight permanent positions .... 220,494 00
1002-26 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 bo made under this item until the
county of Berkshire shall have deposited the sum of two
thousand two hundred and fifty dollars in the state treasurj'
for this project ...... 8,999 00
A(Ts, 1959. — Chap. 433. 345
Item
1002-27 For certain farm forestry projects in co-operation with the
United States Forest Service and tiie county of Essex, in-
cludin<r not more than one permanent position; provided, that
no expenditure shall be made under this item until the county
of Essex shall have deposited the sum of two thousand one
hundred and forty-seven dollars in the state treasury for
this project ....... $8,589 00
1002-31 F'or the suppression of insect pests and shade tree diseases,
including- gypsy and brown tail moths and Japanese beetles
under any general or special law, and including- not more than
eighteen permanent positions . . . 176,393 00
Total $886,809 00
Division of Law Enforcotietit.
1003-01 For the office of the director, including- not more than five
permanent positions ..... $24,239 00
1003-02 For the administration and enforcement of laws relative to shell-
fish and other marine fisheries, and for regulating the sale
and cold storage of fresh food fish, including not more than
twenty-eight permanent positions . . . 194,453 00
1003-03 For conservation officers, including not more than thirty-nine
peniianent positions; provided, that the comptroller shall
transfer to the General Fund a sum equal to fifty per cent
of the payments made under this item from the Inland Fish-
eries and Game Fund, as provided by section three A of
chapter one hundred and thirty-one of the General
Laws 256,332 00
Total $475,024 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 activities provided for under item
2610-04 $104,475 00
Total $104,475 00
Division of Wafer Resources.
1010-01 For the service of the division, including not more than six
permanent positions ..... $75,915 00
Total, Department of Natural Resources $1,742,073 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 1,097,731 00
1102—01 For the office of the supervisor of loan agencies, including not
more than eleven permanent positions . . 135,113 00
Total $1,245,344 00
346 Acts, 1959. — Chap. 433.
Division of Insurance.
Item
1103-01 For the salary of the commissioner . . . $12,500 00
1103-02 For the service of the division, including expenses of the board
of appeal and certain other costs of supervising motor vehicle
liability insurance, and including not more than two hundred
and forty-five peiTnanent positions; provided, that contracts
or orders for the purchase of statement blanks for the mak-
ing of annual reports to the commissioner of insurance shall
not be subject to the restrictions prescribed by section one of
chapter five of the Genei-al Laws; and, provided further, that
the comptroller shall transfer to the General Fund the sum
of two hundred and sixty-four thousand six hundred and
seventy-four dollars from the Highway Fund 1,310,368 00
Total $1,322,868 00
Division of Savings Bank Life Insurance.
1105-01 For the service of the division, including not more than twenty-
eight permanent positions .... $124,625 00
Total, Department of Banking and Insurance $2,692,837 00
Service of the Department of Corporations and Taxation.
1201-01 For the salary of the commissioner and associate
commissioners ...... $43,000 00
1201-02 For personal services of the department except as otherwise
provided, including not more than seven hundred and fifteen
permanent positions; provided, that the comptroller shall
transfer to the General Fund the sum of one hundred and
sixty-nine thousand nine hundred and twenty-eight dollars
from the Highway Fund and the sum of two million two
hundred and sixty-five thousand seven hundred and six dol-
lars from the receipts of the income tax . 3,348,558 00
1201-03 For expenses of the department except as otherwise provided
for; provided, that the comptroller shall transfer to the Gen-
eral Fund the sum of forty-five thousand eight hundred dol-
lars from the Highway Fund .... 220,000 00
1202-02 For expenses of the income tax division; provided, that a sum
equivalent to the payments under this item shall be trans-
ferred to the General Fund from the receipts of the income
tax 997,600 00
Total $4,609,158 00
Division of Acco^ints.
1203-01 For the service of the division, including not more than one
hundred and thirty-one pennanent positions, partly charge-
able to item 1203-11 $701,750 00
1203-11 For expenses of auditing and installing systems of municipal
accounts, the cost of which is to be assessed upon the munici-
palities for which the work is done . . 78,500 00
1203-12 For the expenses of certain books, fomis and other material
which may be sold to cities and towTis requiring the same for
maintaining their system of accounts . . 55,000 00
1203-21 For the service of the county personnel board, including not
more than six permanent positions . . 18,637 00
Total $853,887 00
Acts, 1959. — Chap. 433. 347
Appellate Tax Board.
Item
1204-01 For the service of the board, including not more than twenty-
nine permanent positions .... $206,944 00
Total, Department of Corporations and Taxation $5,669,989 00
Service of the Department of Education.
1301-01 For the salary of the commissioner . . . $14,000 00
1301-02 For the office of the commissioner, including not more than
seventy-five permanent positions . . . 472,480 00
1301-03 For extension courses in the methods used in the art of teach-
ing and related 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 ap-
proved by the state board of education; provided, that such
courses may be furnished free of charge to veterans, as
authorized in sections seven and seven A of chapter sixty-
nine of the General Laws; and, provided further, that the
division may, in addition to the sums appropriated for the
purpose in this item, expend from the receipts, without
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 thirty-five thousand
dollars with the approval of the state board of
education 14,000 00
1301-04 For matching, with the approval of the commission on adminis-
tration and finance, certain federal funds authorized to be
accepted and disbursed by chapter six hundred and sixty-four
of the acts of nineteen hundred and fifty-eight and allocated
to the commonwealth under the provisions of Public Law
85-864; provided, that the department may use for matching
such federal funds other state appropriated funds or any
public or private funds that may be available, in addition to
the amount made available by this item, prior appropria-
tion continued ...... 135,000 00
1301-06 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
1301-08 For aid to certain pupils in state teachers' colleges, under the
direction of the department of education . 4,000 00
1301-10 For the service of the state building on Newbury street, Boston,
including not more than five pennanent positions 41,784 00
1301-20 For the board of education, including not more than two per-
manent positions ...... 10,568 00
] 301-25 For expenses of the board of collegiate authority 400 00
1301-29 For a program of sight saving classes . . 3,000 00
1301—32 For assistance to children of certain war veterans, prior appro-
priation continued, as authorized by section seven B of chap-
ter sixty-nine of the General Laws and corresponding provi-
sions of earlier laws ..... 125,000 00
1301-33 For certain educational services to certain war vet-
erans 40,668 00
Total $866,825 00
School Lunch and Commodity Distribution Program.
1305-01 For the administration of the program, including not more than
twenty-seven permanent positions . . . $165,357 00
3i8 Acts, 1959. — Chap. 433.
Item
1305-05 For partial assistance in the furnishing of lunches to school
children, as authorized by chapter five hundred and thirty-
eight of the acts of nineteen hundred and fifty-one, 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 pay-
ments under this item shall be transferred to the General
Fund from the receipts of the income tax, prior appropriation
continued $300,000 00
Total $465,357 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 provi-
sions 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 au-
thorized in sections seven and seven A of chapter sixty-nine of
the General Laws $122,396 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 transfei-red to the General Fund from the receipts of the
surplus property agency, established by section fifty-five of
chapter seventy-four of the General Laws . 18,330 00
Total $140,726 00
Education of Deaf and Blind Pupils.
1311-01 For education of deaf and blind pupils of the commonwealth, as
provided by section twenty-six of chapter sixty-nine of the
General Laws, prior appropriation continued $1,700,000 00
Division of University Extension.
1313-01 For the university extension courses, including not more than
fifty-five 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
three hundred and five thousand dollars with the approval of
the state board of education .... $242,771 00
Division of Immigration and Americanization.
1315-01 For the service of the division, including not more than seven-
teen permanent positions .... $88,609 00
Division of Public Libraries.
1316-01 For the service of the division, including not more than twenty-
five permanent positions .... $132,908 00
Acts, 1959. — Chap. 433. 349
Division of the Blind.
Item
1317-01 For g;eneral administration and for instruction of the adult blind
in their homes, including not more than sixty-seven permanent
positions $360,781 00
1317—08 For aiding the adult blind, subject to the conditions provided by
law, including the cost of certain medical assistance and sup-
plies, prior appropriation continued . . 1,900,000 00
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 23,500 00
1317—11 For the operation of local shops, including not more than eleven
permanent positions ..... 166,561 00
1317-13 For the operation of the Woolson House industries, including
not more than three permanent positions . 100,789 00
1317-15 For the opeiation of the salesroom and other expenses in connec-
tion with the sale of materials made by blind persons, includ-
ing not more than four permanent positions 48,073 00
1317-16 For the operation of certain industries for men, including not
more than nine pennanent positions . . 346,143 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 nineteen hundred and fifty-one, including not
more than thi'ee permanent positions . . 67,506 00
1317—18 For certain payments 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 108,000 00
Total $3,161,353 00
Teachers' Retirement Board.
1319-01 For the service of the board, including not more than thirty per-
manent positions ...... $148,182 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, prior appropriation con-
tinued 10,950,000 00
Total $11,098,182 00
Massachusetts Maritime Academy.
1327-01 For administration, including not more than two permanent
positions ....... $11,648 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 .... 442,950 00
Total $454,598 00
For the maivtevavce of and for certain improveynents at the fol-
loiring state teachers' colleges, and the hoarding 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 . $787,045 00
1330-21 State teachers' college at Bridgewater, boarding hall, in-
cluding not more than thirty-seven permanent posi-
tions ........ 232,326 00
1331-01 State teachers' college at Fitchburg, including not more than
ninety permanent positions .... 637,247 00
1331-10 For scholarships, as authorized by section seven C of chapter
sixty-nine of the General Laws . . . 5,000 00
350
Acts, 1959. — Chap. 433.
Item
1331-21
1332-01
1332-21
1333-01
1333-21
1334-01
1334-21
1335-01
1336-01
1336-21
1337-01
1338-01
1339-01
1340-01
1342-01
1345-01
1345-42
State teachers' college at Fitchburg, boarding hall, including not
more than eleven permanent positions . . $126,867 00
State teachers' college at Framingham, including not more than
eighty-nine permanent positions . . . 471,490 00
State teachers' college at Framingham, boarding hall, including
not more than thirty permanent positions . 171,425 00
State teachers' college at Lowell, including not more than sixty-
eight permanent positions .... 369,303 00
State teachers' college at Lowell, boarding hall 11,265 00
State teachers' college at North Adams, including not more than
thirty-eight pei'manent positions . . . 229,031 00
State teachers' college at North Adams, boarding hall, including
not more than seven permanent positions . 40,420 00
State teachers' college at Salem, including not more than eighty-
one permanent positions .... 533,449 00
State teachers' college at Westfield, including not more than
sixty-two permanent positions . . . 360,186 00
State teachers' college at Westfield, boarding hall, including not
more than seven permanent positions . . 23,926 00
State teachers' college at Worcester, including not more than
sixty-six permanent positions . . . 445,312 00
State teachers' college at Boston, including not more than one
hundred and nine permanent positions . . 769,541 00
Massachusetts College of Art, including not more than forty-
three permanent positions .... 312,360 00
Total $5,526,193 00
For the maintenance of and for certain improveynents at the fol-
lowing institutes, with the approval of the commissioner of
education and the trustees thereof :
Bradford Durf ee College of Technology, including not more than
fifty-four permanent positions, and including the sum of ten
thousand dollars which is to be assessed upon the city of Fall
River as a pai't of the charges to be paid by said city to the
commonwealth in the calendar year nineteen hundred and
fifty-nine $387,815 00
New Bedford Institute of Technology, including not more than
forty-nine permanent positions, and including the sum of ten
thousand dollars 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-nine 432,077 00
Total $819,892 00
Lowell Technological Institute of Massachusetts.
For the maintenance of the Lowell Technological Institute of
Massachusetts, 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-nine; provided, that said institute
is hereby authorized to conduct a summer school at no expense
to the commonwealth, and for said purpose the institute may
receive and expend income derived therefrom $1,309,130 00
For certain scholarships at the Lowell Technological Institute of
Massachusetts, as authorized by section seventeen of chapter
seventy-five A of the General Laws . . 10,000 00
Total $1,319,130 GO
Acts, 1959. — Chap. 433.
351
01
Item
1350-
1350-
1350-27
1350-96
University of Massachusetts.
For the maintenance of the Univei-sity of Massachusetts, with
the approval of the trustees, including- not more than one
thousand one hundred and twenty-six permanent posi-
tions $9,260,723 00
For expenses in connection with research projects for which the
commonwealth will be fully reimbursed by the federal govern-
ment, with the approval of the commission on administration
and finance, prior appropriation continued , 40,000 00
For a payment to the town of Amherst as part of the cost of con-
struction of an addition to the sewage treatment plant; pro-
vided, that the university shall first negotiate an agreement
with said town for continuing service at the plant, appropria-
tion expires June thirtieth, nineteen hundred and sixty-
one ........ 100,000 00
For certain scholarships at the University of Massachusetts, as
authorized by section thirty-one of chapter seventy-five of
the General Laws ...... 25,000 00
Total $9,425,723 00
Division of Youth Service.
1380-01 For the youth service board and for the administration of the
division of youth service, including not more than seventy-
nine permanent positions .... $732,212 00
For the Tnaintenance of and for certain improvements at the
institutions within the division:
1381-01 Industrial school for boys, including not more than one hundred
and twenty-one permanent positions . . $664,925 00
1382-01 Industrial school for girls, including not more than seventy per-
manent positions ...... 454,338 00
1383-01 Lyman school for boys, including not more than one hundred
and thirty-five permanent positions . . 885,385 00
1384-01 For the opei-ation of reception and detention facilities for boys
in the city of Boston, including not more than fifty-one per-
manent positions ...... 334,466 00
1384-22 For the air conditioning of medical and mental health
areas ........ 4,800 00
1385-01 For the operation of the institute of juvenile guid-
ance, inclu 
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