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

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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, including not more than fifty-two permanent posi- 
tions ........ 280,079 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 ..... 141,529 00 

1387-01 For the operation of a detention center in Hampden 
county, including not more than two permanent posi- 
tions ........ 62,405 00 

1388-01 For the operation of a residential treatment unit for small boys 
in Oakdale, including not more than twenty-one permanent 
positions ....... 151,014 00 

1389—01 For the operation of a detention center in Worcester 
county, including not more than two permanent posi- 
tions ........ 61,821 00 

1390-01 For the maintenance of the Stephen L. French youth forest 
camp ........ 25,000 00 



Total $3,065,762 00 



Total, Division of Youth Service $3,797,974 00 



352 Acts, 1959. — Chap. 433. 

School Building Assistance Commission. 
Item 
1393-01 P'or the school buikiinjf assistance commission $75,741 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 ...... $10,025 00 

1394-02 For scholarships, as authorized by section twenty-six of chapter 
fifteen of the General Laws; provided, that notwithstanding 
the provisions of said section twenty-six, the board may grant 
scholarships equal to fifty per cent of the amount appropri- 
ated in this item to students enrolled in state colleges and 
operated by the commonwealth, prior appropriation con- 
tinued 100,000 00 



Total $110,025 00 



Total, Department of Education $39,426,007 00 

Service of the Department of Civil Service and Registration. 

Division of Civil Service. 

1402—01 For the salai-y of the director and for the compensation of 
members of the commission .... $40,000 00 

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-two thousand six hundred and seventy-eight 
dollars from the Highway Fund . . . 1,007,850 00 

1402-21 For expenses of hearings, as authorized by section forty-three of 
chapter thirty-one of the General Laws . . 2,500 00 



Total $1,050,350 00 

Division of Registration. 

1403-01 For the salary of the director .... $6,000 00 

1403-02 For the service of the division, including not more than forty- 
eight permanent positions .... 317,253 00 



Total $323,253 00 



For the service of the folloimng agencies in the division: 

1404-01 Board of registration in medicine, including not more than 
seven permanent positions .... $10,725 00 

1405-01 Board of dental examiners, including not more than five perma- 
nent positions ...... 5,950 00 

1406—01 Board of registration in chiropody, including not more than five 
permanent positions ..... 3,100 00 

1407-01 Board of registration in pharmacy, including not more than nine 
permanent positions ..... 31,873 00 

1408—01 Board of registration of nurses, including not more than ten 
permanent positions ..... 5,780 00 

1409—01 Board of registration in embalming and funeral directing, includ- 
ing not more than five permanent positions 11,500 00 

1410—01 Board of registration in optometry, including not more than five 
permanent positions ..... 2,900 00 

1411—01 Board of registration in veterinary medicine, including not more 
than five peiTnanent positions . . . 2,725 00 

1412—01 Board of registration of professional engineers and land sur- 
veyors ........ 17,305 00 



Acts, 1959. — Chap. 433. 353 

Item 

1413-01 Board of registration of arcliitects, including not more than five 
permanent positions ..... $4,525 00 

1414-01 Board of registration of certified public accountants, including 
not more than five permanent positions . . 14,910 00 

1416-01 State examiners of electricians, including not more than two 
permanent positions ..... 9,700 00 

1417—01 State examiners of plumbers, including not more than three 
permanent positions ..... 7,600 00 

1418-01 Board of registrat