(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "The General Laws of the Commonwealth of Massachusetts, enacted December 22, 1920 : to take effect January 1, 1921, with the Constitution of the United States, the Constitution of the Commonwealth and the rearrangement thereof and tables showing the disposition of the revised laws and of other statutes of general application"

reMM 






**— *-«^;® 



CLERK OF SENATE 




State Library of Massachusetts 
~^ State House, Boston 



<5SbSifer»-^-.. 



THE 

GENERAL LAWS 



OF 



QTfje Commontoealtf) of ilassacljugettg 

Enacted December 22, 1920 
To TAKE Effect January 1, 1921 

WITH THE 

CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE 

COMMONWEALTH AND THE REARRANGEMENT THEREOF 

AND TABLES SHOWING THE DISPOSITION OF THE 

REVISED LAWS AND OF OTHER STATUTES 

OF GENERAL APPLICATION 

VOL. II 

Chapters 128-282 




BOSTON 

WEIGHT & POTTER PRINTING CO., STATE PRINTERS 

32 DERNE STREET 

1921 



ANALYSIS 



TITLES AND CHAPTERS 



CONTAINED IN 

THE GENERAL LAWS 



Vol. I. 



PART I. 

ADlVnNISTRATION OF THE GOVERNMENT. 



1 TITLE I. 

JURISDICTION AND EMBLEMS OF THE COMMONWEALTH, THE GENERAL 
COURT, STATUTES AND PUBLIC DOCUMENTS. 

Chapter 1. Jurisdiction of the Commonwealth and of the LTnited States. 

Chapter 2. Arms, Great Seal and Other Emblems of the Commonwealth. 

Chapter 3. The General Court. 

Chapter 4. Statutes. 

Chapter 5. Printing and Distribution of Laws and Public Documents. 

TITLE II. 

EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH. 

Chapter 6. The Governor, Lieutenant Governor and Council, Certain Officers under the 

Governor and Council, and State Library. 
Chapter 7. Supervisor of Administration. 
Chapter 8. Superintendent of Buildings, and State House. 
Chapter 9. Department of the State Secretary. 
Chapter 10. Department of the State Treasurer. 
Chapter 11. Department of the State Auditor. 

Chapter 12. Department of the Attorney General, and the District Attorneys. 

[iiil 



IV 



ANALYSIS - 



■PART I. 



Chapter 13. Department of Civil Service and Registration. 

Chapter 14. Department of Corporations and Taxation. 

Chapter 15. Department of Education. 

Chapter 16. Department of Public Works. 

Chapter 17. Department of Public Health. 

Chapter IS. Department of Public Welfare. 

Chapter 19. Department of Mental Diseases. 

Chapter 20. Department of Agriculture. 

Chapter 21. Department of Conservation. 

Chapter 22. Department of Public Safety. 

Chapter 23. Department of Labor and Industries. 

Chapter 24. Department of Industrial Accidents. 

Chapter 25. Department of Public Utilities. 

Chapter 26. Department of Banking and Insurance. 

Chapter 27. Department of Correction. 

Chapter 28. Metropolitan District Commission. 



TITLE III. 

LAWS RELATING TO STATE OFFICERS. 

Chapter 29. State Finance. 

Chapter 30. General Provisions relative to State Departments, Commissions, Officers and 
Employees. 



TITLE IV. 

CIVIL SERVICE, RETIREMENTS AND PENSIONS. 

Chapter 31. Civil Service. 

Chapter 32. Retirement Systems and Pensions. 



TITLE V. 

MILITIA. 

Chapter 33. Militia. 



TITLE VI, 

COUNTIES AND COUNTY OFFICERS. 

Chapter 34. Counties and County Commissioners. 

Chapter 35. County Treasurers, State Supervision of County Accounts, and County Finances. 

Chapter 36. Registers of Deeds. 

Chapter 37. Sheriffs. ' 

Chapter 38. Medical Examiners. 



ANALYSIS — PART I. 



TITLE VII. 

CITIES, TOWNS AND DISTRICTS. 

Chapter 39. Municipal Government. 

Chapter 40. Powers and Duties of Cities and Towns. 

Chapter 41. Officers and Employees of Cities, Towns and Districts. 

Chapter 42. Boundaries of Cities and Towns. 

Chapter 43. City Charters. 

Chapter 44. Municipal Finance. 

Chapter 45. Public Parks, Playgroimds and the Public Domain. 

Chapter 46. Return and Registry of Births, Marriages and Deaths. 

Chapter 47. Workhouses and Almshouses. 

Chapter 48. Fires, Fire Departments and Fire Districts. 

Chapter 49. Fences, Fence Viewers, Pounds and Field Drivers. 



TITLE VIII. 

ELECTIONS. 

Chapter 50. General Provisions relative to Primaries, Caucuses and Elections. 

Chapter 51. Voters. 

Chapter 52. PoUtical Committees. 

Chapter 53. Nominations, Questions to be submitted to the Voters, Primaries and Caucuses. 

Chapter 54. Elections. 

Chapter 55. Corrupt Practices and Election Inquests. 

Chapter 56. Violations of Election Laws. 

Chapter 57. Congressional, Councillor and Senatorial Districts, and Apportionment of Rep- 
resentatives. 



TITLE IX. 

TAXATION. 

Chapter 58. General Provisions relative to Taxation. 

Chapter 59. Assessment of Local Taxes. 

Chapter 60. Collection of Local Taxes. 

Chapter 61. Taxation of Forest Lands. 

Chapter 62. Taxation of Incomes. 

Chapter 63. Taxation of Corporations. 

Chapter 64. Taxation of Stock Transfers. 

Chapter 65. Taxation of Legacies and Successions. 



TITLE X. 

PUBLIC RECORDS. 



Chapter 66. Public Records. 



VI 



ANALYSIS — PART I. 



TITLE XI. 

CERTAIN RELIGIOUS AND CHARITABLE MATTERS. 

Chapter 67. Parishes and Religious Societies. 

Chapter 6S. Donations and Conveyances for Pious and Charitable Uses. 



Chapter 69. 
Chapter 70. 
Chapter 71. 
Chapter 72. 
Chapter 73. 
Chapter 74. 
Chapter 75. 
Chapter 76. 
Chapter 77. 
Chapter 78. 



Chapter 79. 
Chapter 80. 



Chapter 81. 
Chapter 82. 

Chapter S3. 
Chapter 84. 
Chapter 85. 
Chapter 86. 
Chapter 87. 
Chapter 88. 
Chapter 89. 
Chapter 90. 
Chapter 91. 
Chapter 92. 



TITLE XII. 

EDUCATION. 

Powers and Duties of the Department of Education. 

School Funds and Other State Aid for Public Schools. 

Public Schools. I 

School Registers and Returns. 

State Normal Schools. 

Vocational Education. 

Massachusetts Agricultural College. ' 

School Attendance. 

School Offenders and County Training Schools. 

Libraries. 

TITLE XIII. 

EMINENT DOMAIN AND BETTERMENTS. 

Eminent Domain. 
Betterments. 

TITLE XIV. 

PUBLIC WAYS AND WORKS. 

State Highways. 

The Laying Out, Alteration, Relocation and Discontinuance of Pubhc Ways, and 

Specific Repairs thereon. 
Sewers, Drains and Sidewalks. 
Repair of Ways and Bridges. 

Regulations and By-laws relative to Ways and Bridges. 

Boundaries of Highways and Other Pubhc Places, and Encroachments thereon. 
Shade Trees. 

Ferries, Canals and Public Landings. 
Law of the Road. 
Motor Vehicles and Aircraft. 
Waterways. 
Metropohtan Sewers, Water and Parks. 



Chapter 93. 
Chapter 94. 
Chapter 95. 



TITLE XV. 

REGULATION OF TRADE. 

Regulation of Trade and Certain Enterprises. 
Inspection and Sale of Food, Drugs and Various Articles. 
Measuring of Leather. 



ANALYSIS — PART I. 



Vll 



Chapter 96. Survey of Lumber. 

Chapter 97. Surveying of Land. 

Chapter 98. Weights and Measures. 

Chapter 99. The Metric System of Weights and Measures. 

Chapter 100. Auctioneers. 

Chapter 101. Transient Vendors, Hawkers and Pedlers. 

Chapter 102. Shipping and Seamen, Harbors and Harbor Masters. 

Chapter 103. Pilots. 

Chapter 104. Agents, Consignees and Factors. 

Chapter 105. Public Warehouses. 

Chapter 106. Sales of Personal Property. 

Chapter 107. Money and Negotiable Instruments. 

Chapter 108. BUls of Lading. 

Chapter 109. Limited Partnerships. 

Chapter 110. Labels, Trade Marks, Names and Registration thereof. 



TITLE XVI. 

PUBLIC HEALTH. 
Chapter 111. Public Health. 

Chapter 112. Registration of Certain Professions and Occupations. 
Chapter 113. Promotion of Anatomical Science. 
Chapter 11-4. Cemeteries and Burials. 



TITLE XVII. 

PUBLIC WELFARE. 

Chapter 115. State and Mihtary Aid, Soldiers' ReUef, etc. 

Chapter 116. Settlement of Paupers. 

Chapter 1 17. Support of Paupers by Cities and Towns. 

Chapter 118. Aid to Mothers vrith Dependent Children. 

Chapter 119. Protection and Care of Children, and Proceedings against Them. 

Chapter 120. Massachusetts Training Schools. 

Chapter 121. Powers and Duties of the Department of PubUc Welfare, and the Massachusetts 

Hospital School. 

Chapter 122. State Infirmary and State Paupers. 

Chapter 123. Commitment and Care of the Insane and Other Mental Defectives. 



TITLE XVIII. 

PRISONS, IMPRISONMENT, PAROLES AND PARDONS. 

Chapter 124. Powers and Duties of the Department of Correction. 
Chapter 125. Penal and Reformatory Institutions of the Commonwealth. 
Chapter 126. Jails, Houses of Correction and Reformation, and County Industrial Farms. 
Chapter 127. Officers and Inmates of Penal and Reformatory Institutions. Paroles and 
Pardons. 



Vlll 



ANALYSIS PART I. 



Vol. II. 



TITLE XIX. 

AGRICULTURE AND CONSERVATION. 

Chapter 128. Agriculture. 

Chapter 129. Animal Industry. 

Chapter 130. Powers and Duties of the Division of Fisheries and Game. Fisheries. 

Chapter 131. Preservation of Certain Birds and Animals. Hunting and Fishing Licenses. 

Chapter 132. Forestry. 

TITLE XX. 

PUBLIC SAFETY AND GOOD ORDER. 

Chapter 133. Disposition of Old and Infirm Animals. 

Chapter 134. Lost Goods and Stray Beasts. 

Chapter 135. Unclauned and Abandoned Property. 

Chapter 136. Observance of the Lord's Day. 

Chapter 137. Gaming. 

Chapter 13S. Intoxicating Liquors and Certain Non-Intoxicating Beverages. 

Chapter 139. Common Nuisances. 

Chapter 140. Licenses. 

Chapter 141. Supervision of Electricians. 

Chapter 142. Supervision of Plumbing. 

Chapter 143. Inspection and Regulation of, and Licenses for, Buildings, Elevators and Cine- 
matographs. 

Chapter 144. Tenement Houses in Cities. 

Chapter 14.5. Tenement Houses in Towns. 

Chapter 146. Inspection of Boilers, Air Tanks, etc. Licenses of Engineers, Firemen, and 
Operators of Hoisting Machinery. 

Chapter 147. State and Other PoUce, and Certain Powers and Duties of the Department of 
Public Safety. 

Chapter 148. Fire Prevention. 



TITLE XXI. 

LABOR AND INDUSTRIES. 

Chapter 149. Labor and Industries. 

Chapter 150. Conciliation and Arbitration of Industrial Disputes. 

Chapter 151. The Minimum Wage. 

Chapter 152. AYorkmen's Compensation. 

Chapter 153. Liability of Employers to Employees for Injuries not resulting in Death. 

Chapter 154. Assignment of Wages. 



ANALYSIS — -PART II. 



IX 



TITLE XXII. 

CORPORATIONS. 

Chapter 155. General Provisions relative to Corporations. 

Chapter 156. Business Corporations. 

Chapter 157. Co-operative Corporations. 

Chapter 158. Certain Miscellaneous Corporations. 

Chapter 159. Common Carriers. 

Chapter 160. Railroads. 

Chapter 161. Street Railways. 

Chapter 162. Electric R.ailroadg. 

Chapter 163. Trackless Trolley Companies. 

Chapter 164. Manufacture and Sale of Gas and Electricity. 

Chapter 165. Water and Aqueduct Companies. 

Chapter 166. Telephone and Telegraph Companies, and Lines for the Transmission of 

Electricity. 

Chapter 167. Banks and Banking. 

Chapter 168. Savings Banks. 

Chapter 169. Deposits with Others than Banks. 

Chapter 170. Co-operative Banks. 

Chapter 171. Credit Unions. 

Chapter 172. Trust Companies. 

Chapter 173. Mortgage Loan Investment Companies. 

Chapter 174. Bond and Investment Companies. 

Chapter 175. Insurance. 

Chapter 176. Fraternal Benefit Societies. 

Chapter 177. Assessment Insurance. 

Chapter 178. Savings Bank Life Insurance. 

Chapter 179. Proprietors of Wharves, Real Estate lying in Common, and General Fields. 

Chapter ISO. Corporations for Charitable and Certain Other Purposes. 

Chapter 181. Foreign Corporations. 

Chapter 1S2. Voluntary Associations. 



PART II. 

REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS. 



TITLE I. 

TITLE TO RE.4L PROPERTY. 

Chapter 183. Alienation of Land. 

Chapter 184. General Provisions relative to Real Property. 

Chapter 185. The Land Com-t and Registration of Title to Land. 



ANALYSIS — PART II. 



Chapter 186. 
Chapter 187. 
Chapter 188. 
Chapter 189. 



Estates for Years and at Will. 

Easements. 

Homesteads. 

Dower and Curtesy. 



TITLE II. 

DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS 
AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS. 

Chapter 190. Descent and Distribution of Real and Personal Property. 

Chapter 191. Wills. 

Chapter 192. Probate of Wills and Appointment of Executors. * I 

Chapter 193. Appointment of Administrators. 

Chapter 194. Public Administrators. 

Chapter 195. General Provisions relative to Executors and Administrators. 

Chapter 196. Allowances to W'idows and Children, and Advancements. 

Chapter 197. Payment of Debts, Legacies and Distributive Shares. 

Chapter 198. Insolvent Estates of Deceased Persons. 

Chapter 199. Settlement of Estates of Deceased Non-Residents. 

Chapter 200. Settlement of Estates of Absentees. 

Chapter 201. Guardians and Conservators. 

Chapter 202. Sales, Mortgages and Leases of Real Estate by Executors, Administrators, 
Guardians and Conservators. 

Chapter 203. Trusts. i 

Chapter 204. General Provisions relative to Sales, Mortgages, Releases, Compromises, etc., by 
Executors, etc. 

Chapter 20.5. Bonds of E.xecutors, Administrators, Guardians, Conservators, Trustees and 
Receivers. 

Chapter 206. Accounts and Settlements of Executors, Administrators, Guardians, Con- 
servators, Trustees and Receivers. 



TITLE III. 

DOMESTIC RELATIONS. 
Chapter 207. Marriage. 
Chapter 208. Divorce. 
Chapter 209. Husband and Wife. 
Chapter 210. Adoption of Children and Change of Names. 



ANALYSIS — PART III. 



XI 



PART III. 

COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES. 



TITLE I. 

COURTS AND JUDICIAL OFFICERS. 

(For the Land Court see Chapter 185.) 

Chapter 211. The Supreme Judicial Court. 

Chapter 212. The Superior Court. 

Chapter 213. Provisions Common to the Supreme Judicial and Superior Courts. 

Chapter 214. Equity Jurisdiction and Procedure in the Supreme Judicial and Superior Courts 

Ceapter 215. Probate Courts. 

Chapter 216. Courts of Insolvency. 

Chapter 217. Judges and Registers of Probate and Insolvency. 

Chapter 218. District Courts. 

Chapter 219. Trial Justices. 

Chapter 220. Courts and Naturalization. 

Chapter 221. Clerks, Attorneys and Other Officers of Judicial Coiu-ts. 

Chapter 222. Justices of the Peace, Notaries PubUo and Commissioners. 



TITLE II. 

ACTIONS AND PROCEEDINGS THEREIN. 

Chapter 223. Commencement of Actions, Service of Process. 

Chapter 224. Arrest on Civil Process. 

Chapter 225. Process after Judgment for Necessaries or Labor. 

Chapter 226. Bail. 

Chapter 227. Proceedings against Absent Defendants and upon Insufficient Service. 

Chapter 228. Survival of Actions and Death and Disabilities of Parties. 

Chapter 229. Actions for Death and Injuries resulting in Death. 

Chapter 230. Actions by and against Executors and Administrators. 

Chapter 231. Pleading and Practice. 

Chapter 232. Set-off and Tender. 

Chapter 233. Witnesses and Evidence. 

Chapter 234. Juries. 

Chapter 235. Judgment and E.Kecution. 

Chapter 236. Levy of Executions on Land. 



TITLE III. 

REMEDIES RELATING TO REAL PROPERTY. 



Chapter 237. Writs of Entry. 
Chapter 238. Writs of Dower. 
Chapter 239. Summary Process for Possession of Land. 



xu 



ANALYSIS - 



PART III. 



Chapter 240. Proceedings for Settlement of Title to Land. 

Chapter 241. Partition of Land. 

Chapter 242. Waste and Trespass. 

Chapter 243. Actions for Private Nuisances. 

Chapter 244. Foreclosure and Redemption of Mortgages. 

Chapter 245. Informations by the Commonwealth. 



TITLE IV. 

CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES. 

Chapter 246. Trustee Process. 

Chapter 247. Replevin. 

Chapter 248. Habeas Corpus and Personal Liberty. 

Chapter 249. Audita Querela, Certiorari, Mandamus and Quo Warranto. 

Chapter 2.50. Writs of Error, Vacating Judgment, Writs of Review. 

Chapter 251. Arbitration. 

Chapter 252. Improvement of Low Land and Swamps. 

Chapter 253. Mills, Dams and Reservoirs. 

Chapter 254. Liens on Buildings and Land. 

Chapter 255. Mortgages, Conditional Sales and Pledges of Personal Property, and Liens 

thereon. 

Chapter 256. Recognizances for Debts. 

Chapter 257. Seizure and Libelling of Forfeited Property. 

Chapter 258. Claims against the Commonwealth. 



TITLE V. 

STATUTES OF FRAUDS AND LIMITATIONS. 

Chapter 259. Prevention of Frauds and Perjuries. 
Chapter 260. Limitation of Actions. 



TITLE VI. 

COSTS AND FEES. 

Chapter 261. Costs in Civil Actions. 
Chapter 262. Fees of Certain Officers. 



ANALYSIS — PARTS IV. AND V. 



XIH 



PART lY. 

CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES. 



TITLE I. 

CRIMES AND PUNISHMENTS. 

Chattek 263. Rights of Persons accused of Crime. 

Chapter 264. Crimes against Governments. 

Chapter 265. Crimes against the Person. 

Chapter 266. Crimes against Property. 

Chapter 267. Forgery and Crimes ag.ainst the Currency. 

Chapter 268. Crimes against Public Justice. 

Chapter 269. Crimes against Public Peace. 

Chapter 270. Crimes against Public Health. 

Chapter 271. Crimes against Public Policy. 

Chapter 272. Crimes against Chastity, Morality, Decency and Good Order. 

Chapter 273. Desertion, Non-Support and Bastardy. 

Chapter 274. Felonies, Accessories and Attempts to commit Crimes. 



TITLE II. 

PROCEEDINGS IN CRIMINAL CASES. 

Chapter 275. Proceedings to prevent Crimes. 

Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Com- 
mitment and Bail. Probation Officers and Commission on Probation. 

Chapter 277. Indictments and Proceedings before Trial. 

Chapter 278. Trials and Proceedings before Judgment. 

^Chapter 279. Judgment and Execution. 

Chapter 280. Fines and Forfeitures. 



PART Y. 



the general laws, and express repeal of certain acts and 

resol\t;s. 



Chapter 281. The General Laws and their Effect. 
Chapter 282. Express Repeal of Certain Acts and Resolves. 



GENEKAL LAAYS 



MASSACHUSETTS 



1292 



AGRICULTURE. 



[Chap. 128. 



TITLE XIX. 

AGRICULTURE AND CONSERVATION. 

Chapter 128. Agriculture. 

Chapter 129. Animal Industry. 

Chapter 130. Powers and Duties of the Division of Fisheries and Game. 

Fisheries. 
Chapter 131. Preservation of Certain Birds and Animals. Hunting and 

Fishing Licenses. 
Chapter 132. Forestry. 



CHAPTER 128. 

AGRICULTURE. 



Sect. 



definitions. 



1. Definitions. 

DEPARTMENT AND COMMISSIONER. 

2. Certain powers and duties defined. 

3. May collect and publish information 

on available lands. 

4. Duties of department. 
6. Annual report. 

6. Lectures and publications. 

7. Preparation and distribution of cer- 

tain posters. 

8. May enforce provisions relative to 

packing, etc., of apples. 

DEMONSTRATION SHEEP FARMS. 

9. Establishment of demonstration sheep 

farms. 

10. Conduct of farms. 

11. Compensation from the commonwealth. 

DIVISION OF DAIRYING AND ANIM.AL HUS- 
BANDRT. 

12. Duties of division of dairj'ing and 

animal husbandry. 

13. Division of dairying, etc., to report 

unsanitary conditions. 

DUTIES, ETC., OP EMPLOYEES. 

14. Department to have access to certain 

places. 

15. Employees and their duties. 



Sect. 

director of the division of plant pest 

CONTROL. 

16. May enter public or private grounds. 

17. Inspection of nurseries and certificates. 

18. Nursery agents to be licensed. 

19. Sale, etc., of nursery stock regulated. 

20. Transportation of nursery stock, etc. 

21. Director may inspect all stock and 

fruits coming into commonwealth. 

22. Protection against white pine blister 

rust. 

23. Compensation provided for damages 

incident to checking spread of white 
pine blister rust. 

24. Inspection of orchards, etc., and pro- 

cedure. 

25. Appeal may be taken. 

26. Proceedings after appeal. 

27. Powers of director. 

28. Gypsy and brown tail moth control 

exempted. 

29. Penalty. 

30. Prosecutions. 

31. European corn borer, etc. Penalty. 



INSPECTOR or APIARIES. 

32. Duties of inspector. 

33. Keeping of bees prohibited in certain 

cases, etc. 

34. Quarantine and treatment of diseased 

bees. 

35. Regulations concerning shipping or 

transportation of bees, etc. 



Chap. 128.] 



AGRICULTXJKE. 



1293 



Sect. 

36. Access by inspector and assistants to 

apiaries, etc. 

37. Record to be kept, etc. 

38. Penalty. 

DIRECTOR OF THE DIVISION OP ORNITHOLOGY. 

39. Director of the division of ornithology, 

duties, etc. 

TRUSTEES FOR COUNTY AID TO AGRICUL- 
TURE. 

40. Trustees for county aid to agriculture. 

Treasurer. Audit of accounts. Re- 
port. 

41. Directors, how chosen. 



Sect. 

42. Trustees, expenditures. 

Trustees, appointment of instructors 
by. 

Trustees to prepare budget. 

Towns may take land. 



43 



AGRICULTURAL AND HORTICULTURAL SO- 
CIETIES, ETC. 

4G. Agricultural, etc., societies, assign- 
ment of police at exhibitions, etc. 

47. Farmers' clubs to receive publications, 

etc. 

48. Preservation of peace. 

49. Booths, etc., gaming, etc., prohibited. 

50. Penalty. 



DEFINITIONS. 

1 Section 1. The following words as used in this chapter shall have Definitions. 

2 the following meanings unless the context otherwise requires: "Com- igit^ll^'i^f' 

3 missioner", the commissioner of agriculture. "Department", the de-gg^f^^*- 

4 partment of agriculture. "Director", in sections sixteen to thirty-one, 

5 inclusive, the director of the division of plant pest control. " Inspector ", 

6 in sections thirty-two to thirty-eight, inclusive, the inspector of apiaries. 

7 "Trustees", the trustees for county aid to agriculture. 



DEPARTMENT AND COMMISSIONER. 



The department through its proper divisions shall have certain powers 

and duties 
defined. 



1918, 241. 

1919, 350, 
S§ 34. 38. 

1 Op. A. G, 382. 

2 0p. A. G. 118. 



1 Section 2 

2 power to — 

3 (a) Execute and carry into effect the laws relative to dairy products, a^l.'i6,^S5.^ 

4 animal breeding, apple grading, plant pest control except the gypsy J'gg^f 4°'2^ in 

5 and brown tail moth, ornithology, apiary inspection, and the produc- ?sgf?' 

6 tion, storage, marketing and distribution of agricultural products. iaoo, 428. 

7 (6) Aid in the promotion and development of the agricultural re- 1912! 4il 

8 sources of the commonwealth and the improvement of conditions of rural Wu. 267! 298.' 

9 life, the settlement of farms and the distribution of the supply of farm H" ''*' ^ "• 

10 labor. 

11 (c) Investigate the cost of production and marketing in all its phases, 

12 and the sources of supply, of agricultural products, and the production, 

13 transportation, storage, marketing and distribution of agricultural prod- 

14 ucts sold, offered for sale, stored or held within the commonwealth. 

15 (d) Collect and disseminate data and statistics as to the food pro- 

16 duced, stored or held withm the commonwealth, with the quantities 

17 available from time to time and the location thereof. 

18 (e) Investigate and aid improved methods of co-operative produc- 

19 tion, marketing and distribution of agricultural products within the 

20 commonwealth. 

21 (/) Offer prizes for and conduct exhibits of flowers, fruit, vegetables, 

22 grasses, grains or other farm crops, dairy products, honey, horses, cattle, 

23 sheep, swine, poultry, poultry products, farm operations, and canned 

24 and dried fruits and vegetables. 

25 It may also publish annually a leaflet relative to trees and birds, which 

26 shall be approved by the commissioner of education, and may distribute 

27 the same to the superintendents and teachers of rural and suburban 

28 public schools prior to Arbor and Bird Day. 



1294 



AGRICULTURE. 



[Chap. 128. 



May collect 

and publish 

information on 

available 

lands. 

1909, 212, § 1. 

1919, 350, § 34. 



Section 3. The department may collect all necessary information 1 

in regard to the opportunities for developing agricultural resources 2 

tlirough the reoccupancy of idle or partly improved farms and farm 3 

land, and may cause the facts so obtained, and a statement of the ad- 4 

vantages offered, to be cu-culated where and how it deems for the best 5 

interest of the commonwealth. 6 



Duties of 
department. 
1852, 142, § 3, 
G. S. le, § 5. 
P. S. 20, § 6. 



Section 4. The department may take and hold in trust gifts or 1 
bequests to it for promoting agricultural education or the general in- 2 
terests of husbandry. R. l. 89, § 6. igis, 2gs, § i. i9i9, 350, § 34. 3 



Annual report. 
1852, 142, § 4. 
G. .S. Hi, 5 7. 
P. S. 20. 5 8. 
1891,412, 
§S 8, 10. 
1895, 214. 
1901, 130. 
R. L. 9, § 7; 
89, §§ 8, 12. 
1908,410, § 1. 
1910. 653, § 7. 
1911,220, § 8. 
1914, 291, § 1. 
1918, 2tiS, § 1. 
1919,350, §§8 
34, 35. 37. 



Section 5. The department shall make an annual report, including 1 

the number of agents, assistants, experts and chemists employed in the 2 

division of dairying and animal husbandry with their expenses and dis- 3 

bursements, of all investigations made by the division, of all cases prose- 4 

cuted with the results thereof and other information advantageous to 5 

the dairy industry. There shall be included the report of the inspector 6 

of apiaries. 7 

Such parts of the report as the commissioner deems best adapted to 8 

promote the interests of agriculture may be published separatelj^ for 9 

general distribution. 10 



Lectures and 
publications. 
1SI«, 9fi, § 2. 
P. .S. 20, § 4. 
1884, 66. 



Section 6. The commissioner may arrange for lectures before the 1 
department, and may issue for general distribution such publications as 2 
he considers best adapted to promote the interests of agriculture. 3 



R. L. 89, § 4. 
1911, 186. 



191.5, 250. 
1910, 46, § 2. 



1917, 286. 
1919, 350, i 



1 34, 35. 



Preparation 
and distribu- 
tion of certain 
posters. 
1004, 444, 
H2,3. 
1914,239. 
1915, 140. 
1919, 3.50, 5 35. 
1920,202: 231. 



Section 7. The commissioner shall cause to be printed on durable 1 

material, suitable to be affixed to trees or otherwise to be posted in the 2 

open air, copies of such extracts from sections one hundred and five, 3 

one hundred and thirteen, one hundred and fifteen, one hundred and 4 

seventeen, one hundred and twenty-two and one hundred and thirty- 5 

one of chapter two hundred and sixtj'-six as in his opinion will tend 6 

to prevent depredations on farm and forest lands, and shall furnish a 7 

reasonable number of such copies to any owner or tenant of land, 8 

upon application, at a price not less than the cost thereof. 9 



proviSonTrd- SECTION 8. The Commissioner may enforce sections one hundred to 1 
ative to pack- Qj^g huiidrcd and seven, inclusive, one hundred and nine and one hundred 2 

ing, etc., ot ' ^ ' 

apples. and twelve of chapter ninety-four and prosecute all violations thereof. 3 

1918, 169, § 3. 1919, 350, § 35. 



Establishment 
of demonstra- 
tion sheep 
farms. 

1919, 256, § 1; 
350, §§ 34, 35. 



DEMONSTRATION SHEEP FARMS. 

Section 9. The department may establish demonstration -sheep 1 

farms in such places as may be selected by the commissioner. Such a 2 

farm may be established in co-operation with the owner of any farm 3 

who is desirous of conducting it in conformity with this and the two 4 

following sections. 6 



Conduct of Section 10. Each person conducting a demonstration sheep farm 1 

llo'iTh^st' ^'^^'' maintain under the supervision of and in accordance with such 2 

rules and regulations as may be prescribed by the commissioner, a 3 



ClL\P. 128.] AGRICULTURE. 1295 

4 flock of not less than twenty sheep and under his direction may from 

5 time to time purchase and sell such sheep as may be considered es- 

6 sential to the proper development of the industry in the locality of 

7 such farm, the sheep so purchased or sold to be passed upon by the 

8 di^^sion of animal industry of the department of conservation as to 

9 their condition and freedom from disease. 

1 Section 11. The owner of every such farm shall receive a reason- compensation 

2 able compensation froifi the commonwealth for the use of the farm as TOmm'o^nweaith. 

3 such demonstration sheep farm, for the labor and expense involved in ^^^^' ^^^' ^ ^■ 

4 carryins out this and the two preceding sections, and for any loss in- 

5 volved in the purchase or sale of sheep made in accordance with the 

6 preceding section. 

DIVISION OF DAIRYING AND ANIM.AL HUSBANDRY. 

1 Section 12. The di\ision of dairying and animal husbandry, under Duties of 

2 the general direction of the commissioner, shall inquire into the methods dairy°ng°ind 

3 of making butter and cheese in creameries or cheese factories, investi- bUndry.'""" 

4 gate all dairy products and imitation dairy products bought or sold, |§^7;i""ii. 

5 enforce the laws for the manufacture, transfer and sale of such prod- f^J'i^i^a 

6 ucts, and take such action as will tend to produce a better quality j^9g'4P,%M- 

7 thereof and to improve the dairy industry. It may co-operate with wioisso, 

8 the department of public health and with inspectors of milk, but it 4jDp!'a.'g. ' 

9 shall not interfere with the duties of such department or officers. ^'^' 

1 Section 13. The di\'ision shall report to the director of animal Division of 

2 industry each case brought to its attention where any barn, stable or to'repOTtun-" 

3 other enclosure, where neat cattle, other ruminants or swine are kept, dttion"^^ '°^' 

4 is found in an unsanitary condition. i9ii, ssi, § 2. 1919, 350, §§ 37, 39. 



1 



DUTIES, ETC., OF EMPLOYEES. 

Section 14. The department and its employees shall have access Department 

2 to each place used in the manufacture, transportation or sale of dairy to cmain""'^^ 

3 products or imitations thereof, and to each vessel and can used in such ?I,tj'\';^4i2, 

4 manufacture, transportation and sale, and shall have the authority flg*^' ^jIq § 5 

5 given to the department of public health or its officers, or to inspectors f^^^- |^'g5 13- 

6 of milk, to enforce and prosecute violations of all laws relating to dairy §§ i".'2, 4.' 

7 products or imitations thereof. Whoever hinders, obstructs, or in any §"§ 34, 44,' 96. 

8 way interferes with an officer or duly authorized agent of the department 

9 in the performance of his duty shall be punished for a first offence by 

10 a fine of one hundred dollars and for a subsequent ofi'ence by a fine of 

11 two hundred dollars, to the use of the commonwealth. 

1 Section 15. Employees of the department shall visit towns to Employees and 

2 inquire into the methods and needs of practical husbandry, ascertain isl'g, 203',!' 1. 

3 the adaptation of agricultural products to soil, climate and markets, p.l.2o,'|?6. 

4 encourage the establishment of farmers' clubs, agricultural libraries Hiis^les^* 

5 and reading rooms, disseminate useful information in agriculture by fljg 350 534 

6 lectures or otherwise, and annually in October make detailed reports 

7 to the commissioner. 



1296 



AGRICULTURE. 



[Chap. 128. 



May enter 
public or pri- 
vate grounds. 
1902, 495, § 6. 
1909, 444, 
§§ 15, 17. 
1912, 507, 
§§ 14, 16. 

Inspection of 
nurseries and 
certificates. 
1902, 495, 
§§2,6. 
1909, 444, 
H 2, 15, 17. 
1912, 507, 
§§ 2, 14, 16. 
1919,350, 
§37. 

Penalty, § 29. 



Nursery agents 
to be licensed. 
1909, 444, § 3. 
1912, 507, 
§§ 3, 16. 
1916, 91, § 1. 

1918, 268, 
§§1,4. 

1919, 350, 

§§ 34, .35, 37. 

Penalty, § 29. 



DIRECTOR OF THE DIVISION OF PLANT PEST CONTROL. 

Section 16. The director of the division of plant pest control, and 1 

his assistants, may at all times enter any public or private grounds in 2 

the performance of any duty required by sections seventeen to thirty- 3 

one, inclusive. 1919, 350, § 37. 4 

Section 17. The said director, either personally or through hi.s as- 1 

sistants, shall inspect at least once each year each nursery or place 2 

where nursery stock is grown, and if no dangerous insects or fungous 3 

pests are found therein, he shall give a certificate to that effect. If 4 

such pests are found therein the owner of the stock shall take such 5 

measures to suppress the same as the director shall prescribe, and no 6 

certificate shall be given until he has satisfied himself by a subsequent 7 

inspection that all such pests have been suppressed. He shall deter- 8 

mine the season for inspecting nurseries and the form of certificates 9 

to be given but in no case shall he issue a certificate to continue in force 10 

after July first next following the date of inspection. 11 

Section 18. Each agent or other person, except a grower, who sells 1 

nursery stock shall make application to the director for an agent's li- 2 

cense, and shall file with him the names and addresses of all persons 3 

or nurseries from which he purchases liis stock. On receipt of such 4 

application, the director shall issue an agent's license, valid for one 5 

year, in such form and with such provisions as the department pre- 6 

scribes. The license may be revoked at any time for failure to report 7 

the names and addresses of persons or nurseries from which stock is 8 

purchased, or for such other cause as may be deemed sufficient by the 9 

director and the commissioner. Each person except a grower who sells, 10 

or who takes or solicits orders for, nursery stock shall be regarded 11 

as a nursery agent for the purposes of sections eighteen to thirty-one, 12 

inclusive. 13 



Sale, etc., of 
nurser.v stock 
regulated. 
1902, 495, 
§§3,4. 
1909, 444, 
§§4,17. 
1912, 507, 
§§ 4, 16. 
1919, 350, § 34. 

Penalty, § 29. 



Transportation 
of nursery 
stock, etc. 
1902, 495, § 5. 
1907, 321, § 2. 
1909, 444, 
§§ 6, 17. 
1912, 507, 
§§5,16. 
1919,331; 
§37. 

Penalty, § 29. 



350, 



Section 19. No person shall sell, exchange, give, deliver or ship 1 

within the commonwealth any tree, slirub or plant commonly known as 2 

nursery stock unless such person holds a grower's certificate under 3 

section seventeen or an agent's license under the preceding section, and 4 

unless a copy of such certificate or license, or such other evidence as the 5 

department prescribes, shall accompany each car, box, bundle or pack- 6 

age sold, exchanged, given, delivered or shipped, and unless such cer- 7 

tificate or license is dated within twelve months of the date of such 8 

delivery or shipment; but this section shall not prohibit the selling, 9 

giving or exchanging of trees, plants or shrubs by any person who is not 10 

a grower of, dealer in, or agent for nursery stock. 11 

Section 20. No nursery stock shall be brought mto the common- 1 

wealth unless it bears an unexpired certificate of inspection. Each per- 2 

son bringing into the commonwealth, or receiving for transportation 3 

to a point within the commonwealth from outside thereof, any car, box, 4 

bundle, package or consignment in any form, of living trees, shrubs or 5 

plants commonly knowm as nursery stock, shall immediately notify the 6 

director of the fact that such consignment has been received by him and 7 

give the name and address of the consignee, together with such further 8 

report as may be lawfully required by the director. 9 



Chap. 128.] agriculture. 1297 

1 Section 21. The director, either personally or through his assist- Director may 

2 ants, may inspect at its point of destination all nursery stock coming "tuurand 

3 into the commonwealth, and if such stock is found to be infested with Ij^^to common- 

4 injurious insects or plant disease he may cause it to be destroyed, treated lj'go<l*444, § 7 

5 or returned to the consignor at the consignor's expense. He may, either J^'lfg'' 

6 personally or through his assistants, inspect all fruits brought into the wis. is'i, 

7 commonwealth from outside thereof which were grown on plants, shrubs isio. 91. § 5. 

8 or trees of any kind which also grow out of doors in this commonwealth, §§ ii':?-.' 

9 and, if such fruits are found to be infested with injurious insects or plant Penalty. § 29. 

10 disease lil'cely to become established herein, he may cause such fruits 

11 to be destroyed, treated or returned to the consignor at the consignor's 

12 expense. 

13 Each person, except a common carrier, who receives, brings or causes 

14 to be brought into this commonwealth any such fruits from such states, 

15 provinces or countries as may be designated by the commissioner, shall 

16 immediately after the arrival of such fruits notify the director of such 

17 arrival, and hold the same until they have been duly inspected. 

1 Section 22. If the director, either personally or through his as- Protection 

2 sistants, finds ribes or five leaved pines which are either infected with pmo bLto' " 

3 white pine blister rust, or so situated that in his opinion they are likely 'igfj, 263, ^ 2. 

4 to become so infected, he or his assistants may forthwith destroy or cause ^^^^- ^^°' ^ ^''• 

5 to be destroyed such ribes or five leaved pines. In carrying out his 

6 duties under this section the director shall co-operate with the state for- 

7 ester, local tree wardens, moth superintendents, city foresters and forest 

8 wardens. 

1 Section 23. The owner of any cultivated berry-bearing slirubbery compensation 

2 destroyed by the director or his assistants under the two preceding damages ind- 

3 sections shall receive compensation therefor from the commonwealth, fn "spread o'f' 

4 provided that he has given written notice thereof to the director within y*'g'Jgr''rust 

5 thirty days after the accrual of his claim to compensation. The di- }g j|' I50' Is s.s 

6 rector or an assistant shall thereupon investigate the same, and if the di- 37. ' ' 

7 rector does not agree with the claimant as to the validity of his claim 

8 or as to the amount thereof, the question at issue shall be determined 

9 by three arbitrators who shall be the commissioner, the state forester, 
10 and an assistant attorney general to be designated by the attorney gen- 
ii eral. Any award of damages made by said arbitrators, together with 

12 the cost of the appraisal, shall be certified to the state auditor, and shall 

13 thereupon be paid by the commonwealth in the same manner as other 

14 claims. 

1 Section 24. The director, either personally or through his assist- inspectio.n of 

2 tants, may inspect any orchard, field, garden, roadside or other place and procedure. 

3 where trees, shrubs or other plants exist, whether on public or private I909; 444,' ^ *' 

4 property, which he may know or have reason to suspect is infested with flilVo?, 

5 the San Jose scale or any serious insect pests or plant disease, when in ^^^^ Jj'j ^ ^ 

6 his judgment such pests or disease are likely to cause loss to adjoining ^gj^.^^^j'^ ^gl' 

7 owners, and may serve upon the owner, occupant or person in charge of ' 

8 trees, shrubs or other plants thus infested, written notice of the presence 

9 of such pests or plant disease, with a statement that they constitute 

10 a public nuisance, together with directions to abate the same, giving the 

11 methods of treatment for the abatement thereof, and stating a time 



1298 



AGRICULTURE. 



[Chap. 128. 



within which the nuisance must be abated in accordance with the methods 12 
given therein. If the person so notified refuses or neglects so to treat or 13 
destroy sucli trees, shrubs or other plants within the time prescribed, 14 
the director may cause such property to be so treated or destroyed, 15 
and may employ all necessary assistants for this purpose, who may enter 16 
upon any public or private property, if such entry is necessary for this 17 
purpose. Upon the completion of said treatment the director shall cer- 18 
tify in writing to the owner or person in charge of the treated property 19 
the amount of the cost of such treatment, and if this be not paid to the 20 
commissioner within ninety days thereafter, the same may be recovered 21 
by suit, together with the cost of the suit. 22 



Appeal may 
be taken. 
1907, 321, § 4. 
1909. 444, 
§5 9, 17. 
1912, 507, 
§§ 8, 16. 
1918. 268, 
l§1.4. 



Section 25. In case of objection to the action of the director or 1 

his assistants in executing any provision of sections sixteen to thirty-one, 2 

inclusive, an appeal may be taken within ten days to the commissioner, 3 

and the appeal shall act as a stay of proceedings until it has been heard 4 

and decided by the commissioner, whose decision shall be final. 5 

1919. .350, §§ 35. 37. 



Proceedings 
after appeal. 
1907. 321, § 5. 
1909. 444, 
§§ 10. 17. 
1912, S07, 
§§ 9, If.. 
1916, 91, § 3. 
1918, 268, 
5§1.4. 
1919.350, 
§§ 35, 37. 

Penalty, § 29. 



Section 26. When the commissioner has heard an appeal and has ren- 1 
dered a decision that the action of the director from which the appeal 2 
was taken is sustained, the director shall notify in writing the owner, 3 
occupant or person in charge of the trees, shrubs or other plants con- 4 
cerned, of the decision, and shall direct him to treat or destroy the trees, 5 
shrubs or other plants within a given time in accordance with a method 6 
prescribed in the notice. If the person so notified refuses or neglects 7 
so to treat or destroy such trees, shrubs or other plants within the time 8 
prescribed, the director may cause such property to be so treated or 9 
destroyed, and the cost thereof to be recovered as provided in section 10 
twenty-four. 11 



§3. 



103. 



Powers of 
director. 
1907,321, 
1909,444, 
§§ 13,17. 

1911, Bes. 

1912, 507, 
§§ 12, 16. 
191S, 193. 
1919,350. 
§§ 3.5. 37. 



Penalty. § 29. 



Section 27. The director, with the approval of the commissioner, 1 

after a duly advertised public hearing with notice to interested parties, 2 

may prohibit for such periods and under such conditions as he may im- 3 

pose, the delivery within the commonwealth of nursery stock from out- 4 

side thereof when in his opinion such nursery stock is likely to be in- 5 

fested with insect pests or di.sease or is likely to act as a carrier thereof. 6 

With the approval of the commissioner, he may prescribe such general 7 

requirements as may be needed to carry out sections sixteen to thirty- 8 

one, inclusive, and may publish information about such insects and 9 

disease as come within his observation. 10 



brXutoU Section 28. Sections sixteen to twenty-seven, inclusive, twenty- 1 

moth control nine and thirty, shall not apply to g.A'psy or brown tail moths in any stage 2 

1907, 321,' §8. of development except upon places wiiere nursery stock is grown and 3 

1909,444, • I- 1 1- • • il A 

§§ 14, 17. upon property immediately adjoining the same. 4 

1911, Res. 103. 1912, 507, |§ 13, 16. 



Penalty. 
1902, 495, § 3. 
1907, 321, 
§S2, 6. 
1909, 444, 
§§11.17. 
1912, 507, 
§§ 10, 16. 



Section 29. Whoever violates any provision of sections sixteen to 
twenty-seven, inclusive, or offers any hindrance to the carrying out of 
any part thereof, shall be punished by a fine of not less than ten nor more 
than one hundred dollars to the use of the commonwealth. 



CUAP. 128.] AGRICULTURE. 1299 



7. 



1 Section 30. All prosecutions under sections sixteen to twenty- Prosecutions. 

2 seven, inclusive, or section thirty-one shall be instituted by the commis- nm, til', ^ ' 

3 sioner and shall be directed by him. ^^ '-• ^'^■ 

1912, 507, §§ 11. 16- 1918, 2GS, §§ 1,4. 1919, 350. § 35. 

1 Section 31. Whenever the director finds that any town or part European com 

2 thereof is infested with the European corn borer or other insect pest, PenaUy*''' 

3 except the gypsy and brown tail moth, or with a plant disease which in §§'3^5,®3^'^;^358. 

4 his opinion is likely to spread to other parts of the commonwealth or 

5 to other states, he may, after a duly advertised public hearing, and with 

6 the approval of the commissioner, issue an order stating the insect pest 

7 or plant disease to be guarded against, and prohibiting, for such periods 

8 and under such conditions as he deems necessary, the transportation to 

9 or from such town or part thereof, of any specified trees, plants, shrubs 

10 or other vegetable growths or products, and any specified containers or 

11 other articles by means of whicli such an insect pest or plant disease is or 

12 is likely to be carried. The order aforesaid shall be advertised in a news- 

13 paper published in each town where it is to be effective, or, if no newspaper 

14 is published in such town, then in a newspaper of general circulation 

15 in the county where the town is situated. Whoever violates any order 

16 issued under this section or whoever offers any hindrance to the carry- 

17 ing out of such order shall be punished by a fine of not less than twenty- 

18 five nor more than three hundred dollars. 

INSPECTOR OF APIARIES. 

1 Section 32. With the approval of the commissioner, the inspector of .^"''^^ °f 

rt ■ • 1 n 1 1- -i c . • 11. inspector. 

2 apiaries shall prepare and distribute from time to time such literature i^io, ess, § 2. 

• 1011 2'-*0 S '^ 

3 upon the subject of bee culture as he deems advisable, shall annually 1919', 350! § 35. 

4 make or cause to be made through his assistants such inspection of the 

5 apiaries throughout the commonwealth as he deems necessary to dis- 

6 cover and suppress all bee diseases of a contagious nature, and may 

7 make and issue reasonable regulations for carrying out this and the six 

8 following sections. 

1 Section 33. No person shall keep a colony of bees affected with Keeping of 

2 foul brood, black brood, or any other infectious or contagious disease uedin'rartaia 

3 harmful to honey bees in the egg, larval, pupal or adult stage, except as ^gi'o'ess § 3 

4 pro\'ided in the following section, and each beekeeper, when he becomes isi', 220, §3. 

5 aware of the existence of such a disease among his bees, shall at once Penalty, § 38. 

6 notify the inspector to that effect. No person, knowing that a con- 

7 tagious or infectious disease exists among his bees, shall sell, barter, give, ^ 

8 or in any other way dispose of the same in whole or in part, or any prod- 

9 act of the same, or any hive, super, frame, section or other appliance 

10 used about the diseased bees, in such manner as to cause the spread of 

11 the disease. 

1 Section 34. The inspector or his assistants, upon the discovery of J^re""ent of"'* 

2 foul brood, black brood or other infectious or contagious disease, in any jq^g'^gg,''^'^^- 

3 apiary or colony, shall give instruction to the owner or caretaker thereof §§ 4,'5. 

4 as to the treatment of the diseased bees, and shall also send to the owner §§ 4,' 5." ' 

5 or caretaker a written order that such bees be held in quarantine until Penalty, § 38. 

6 released by WTitten permit from the inspector, and bees so quarantined 

7 shall not be removed from the premises. 



1300 



AGRICXJLTXJRE. 



[Chap. 128. 



If upon subsequent inspection the disease is still found to exist the 8 
inspector or his assistants may cause the diseased colonies to be de- 9 
stroyed in such manner as to prevent the spread of the disease. 10 



Regulations 
concerning 
shipping or 
transportation 
of bees. etc. 
1911. 220, § 6. 

Penalty, § 38. 



Section 35. No colony of bees shall be shipped or transported into 1 

or delivered in this commonwealth from a state or country having an 2 

inspector of apiaries, or other officer charged with similar duties, without 3 

a certificate stating that such officer has inspected said colonj^ and that 4 

it is free from infectious or contagious disease. No transportation com- 5 

pany or common carrier shall accept for transportation into the com- 6 

monwealth, nor shall it deliver to any consignee herein, any such colony 7 

from such state or country, unless such colony is accompamed by such 8 

certificate. In the absence of such a certificate, the consignee upon 9 

the receipt of said colony shall forthwith notify the inspector, who shall 10 

forthwith inspect the same. No transportation company or common 11 

carrier shall be liable in damages for refusing to receive, transport or 12 

deliver any colony of bees when not accompanied by a certificate as 13 

above provided. This section shall not prevent the transportation or 14 



delivery of queen bees when not accompanied by brood or comb. 



15 



Access by in- 
spector and 
assistants to 
apiaries, etc. 

1910, 653, § 6. 

1911, 220, § 7. 



Section 36. The inspector and his assistants shall have access to 1 
each place where bees, bee products or supplies or appliances used in 2 
apiaries are kept. Penait5', § 38. 3 



Record to be 
kept, etc. 
1910. 65,S, § 7. 
1911.220. §8. 
1919,350. §35. 



Section 37. The inspector shall keep a detailed record of the num- 1 

ber and location of all apiaries visited by him or his assistants, the num- 2 

ber and location of all colonies found diseased, the treatment thereof, 3 

and the expenditure incurred in the performance of the duties of his office. 4 

He shall report to the commissioner annually, and at such other times 5 

as he requests. 6 



Penalty. 

1910, 653, § 8. 

1911, 220, § 9. 



Section 38. Whoever violates any provision of sections thirty-two 1 

to tliirty-six, inclusive, shall be punished for the first offence by a fine 2 

of not more than ten dollars, for the second offence by a fine of not more 3 

than twenty-five dollars and for a subsequent offence by a fine of not 4 

more than fifty dollars. 5 



Director of 
the division 
ornithology, 
duties, etc. 
1908, 245, 
H2.3. 
1912. 500. § 
1914, 424, I 
1917, 75. 
1919, 350, 
l§ 35, 37. 



of 



director of the division of ornithology. 

Section 39. The director of the di\ision of ornithology shall in- 1 
vestigate the distribution and food habits of the birds of the com- 2 
monwealth; shall determine, so far as possible, the relation of birds to 3 
outbreaks of insects and animals; shall experiment with a view to dis- 4 
covering the best methods of protecting fruits and crops from birds; 5 
and shall serve the department and the people of the commonwealth in 6 
an advisory capacity in matters relating to the economic status of birds 7 
and to legislation concerning them. He shall report annually to the com- 8 
missioner. Subject to the approval of the commissioner, he may pur- 9 
chase such supplies and apparatus as may be reasonably necessary in 10 
carrying out his duties and may issue special reports and bulletins as the 11 
exigencies of his work may require. For the purpose of aiding in the 12 
study of the distribution and habits of the birds of the commonwealth 13 
he may appoint special observers to serve without compensation. 14 



Chap. 128.] agriculture. 1301 



TRUSTEES FOR COUNTY AID TO AGRICULTURE. 

1 Section 40. In each county, except Sufi'olk and except counties main- Trustees for 

2 taining vocational agricultural schools, there shall be an unpaid board agSture.'" 

3 of nine trustees to be known as trustees for county aid to agriculture. Aud'irof"^' 

4 The county commissioners of each such county shall annually appoint Report'" 

5 three trustees, qualified as hereinafter provided, to serve for three years J^js. 273, § 1. 

6 from April first of the year of appointment, and shall fill any vacancy 1920! 103. 

7 in said board for the unexpired term. All of said trustees shall be 

8 residents of the county where they are appointed, one shall always be 

9 a county commissioner of said county, and fom* so far as is possible shall 

10 be taken from the directors, chosen as provided in the following section, 

11 of such cities and towns as have appropriated funds toward carrying out 

12 sections forty to forty-five, inclusive. Subject to the approval of the 

13 county commissioners, the trustees shall annually appoint a competent 

14 person, who may be one of their own number, to serve as their treas- 

15 urer without compensation. He shall have the usual powers and duties 

16 pertaining to the office of treasurer and shall give bond to the county 

17 in such sum and with such surety as is approved by the county com- 

18 missioners. The premium on such bond may be paid by the treasurer 

19 from any funds held by him under sections forty to forty-five, inclusive. 

20 The accounts of the trustees shall be audited by the director of accounts 

21 in the manner in which other county accounts are audited imder general 

22 law. The trustees shall annually submit to the county commissioners 

23 a report for the previous year with a statement of receipts and expcndi- 

24 tures in such form and at such time as is required by them, and they 

25 shall cause the said report to be printed as a part of their regular annual 

26 report. 

1 Section 41. Choice of the directors mentioned m the preceding sec- Directors, 

2 tion shall be made in such towns at the annual town meeting at which i'ms.'^273^°§' 1. 

3 the appropriation is made, or at the next succeeding annual meeting i^''-''^^- 

4 when the appropriation is made at a special meeting, and in such cities, 

5 by the mayor, not later than fifteen days following the vote authorizing 

6 the appropriation. The directors shall serve for such terms as the 

7 mayor in cities and the voters in towns shall determine. 

1 Section 42. The trustees may receive on behalf of the county and Expenditures. 

2 apply to the purposes of sections forty to forty-five, inclusive, money '^^*' 2''3. § 2. 

3 appropriated therefor by the general court for any county or by any 

4 town, or by the federal government, and may control the expenditure 

5 thereof either solely or in conjunction with representatives or agents of 

6 the commonwealth or of the United States, or of any department, com- 

7 mission, board or institution created under the statutes of this com- 

8 monwealth or under an act of congress. The trustees may enter into 

9 agreements, arrangements or undertakings with any such departments, 

10 commissions, boards and institutions, relative to extension work with 

11 adults and with boys and girls in agriculture, homemaking and country 

12 life. 

1 Section 43. The trustees shall maintain one or more agents or in- Trustees. 

2 structors in agriculture, homemaking and country life, who shall meet i'n''8??i"tS'rs"by° 

3 the residents of the county individually and in groups for the purpose '^'*' ^^^' ^ ^' 



1302 



AGRICULTURE. 



[Chap. 128. 



of teaching and demonstrating better practice in agriculture and home- 4 

making, the benefits to be derived from co-operative efforts, better 5 

methods of marketing farm products and the organization of communi- 6 

ties to build up country life. 7 



Trustees to 
prepare budget. 
1918, 273, § 4. 
1920,517. 



Towns may 
take land. 
191S, 273, § 5. 



Section 44. The trustees shall annually prepare and submit to the 1 

county commissioners, not later than the first Wednesday in December, 2 

a budget containing detailed estimates of all sums required by them 3 

for carrying out sections forty to forty-five, inclusive, diu-ing the en- 4 

suing year. The county commissioners shall include in their annual 5 

estimate of county expenses to be appropriated by the general court and 6 

raised by the annual county tax levy at least one half of such sums as 7 

they deem necessary to carry out said piu"poses, such sums so appropri- 8 

ated to be paid over to the trustees annually. 9 

Section 45. Any town may accjuu-e, by purchase or otherwise, in the 1 

manner in which land may be acquired for school purposes, real estate 2 

for the purpose of carrying on, under the direction of the agents or in- 3 

structors of said trustees, demonstration work in agriculture and home- 4 

making, and may appropriate money to be expended b^' said trustees 5 

under sections forty to forty-three, inclusive, or for the purpose of ena- 6 

bling the trustees to acquire necessary real estate, or for the support of 7 

demonstration work, under the direction of the agents or instructors or 8 

of the trustees, on land owned by the town or by any resident thereof. 9 



Agricultural, 
etc.. societies, 
assigament of 
police at ex- 
hibitions, etc. 
1892, ISO. 
R. L. 124, i 16. 



.'VGRICULTUIt'VL AND HORTICULTUK.\.L SOCIETIES, ETC. 

Section 46. Upon the application of the president of an mcorporated 
agricultural or horticultiu'al society to the authorities of a town where 
an exhibition of such society is to be held, such authorities shall assign 
for special service at such e.xliibition all police officers or constables nec- 
essary to preserve the peace and enforce the law thereat. 

to receive'^pub- SECTION 47. Farmers' clubs which are organized and are holding 
is59°203'^"2 regular meetings shall, upon application made armually in November to 
G. I '66 §18^ the commissioner, receive copies of the department's report and of its 
20 other publications, in proportion to the number of their members and 
to the ap]3lications so made. A club which receives such copies shall 
annually in October make returns to said commissioner of its agricultural 
experiments and of the reports of its committees. 



R. L. 124, 
1919. 350, 
§§ 34. 35. 



Section 48. Each agricultural or horticultural society or farmers' 
clul) may establish such regulations, not inconsistent with law, as it 



6 Alien, 5g8. 



Preservation 

of peace. 

ISfil, 127, § 1, 

P. .S. 114, § 20 - - • c 11 

p L. 124. § 21 considers necessary and ex-pedient for the preservation ot peace and good 
order or for the protection of its interests at its regular or annual meet- 
ings, shows, fairs or exliibitions, and shall cause at least five copies of 
such regulations to be posted in public places on its grounds not less 
than forty-eight hours before the time of holding each meeting, show, 
fair or exhibition. 



gaming. Itc.', Section 49. No person, durmg the time of holding a cattle show, 1 

i'8M''i27'*§ 2 ^^^^ o"" exhibition or meeting of a farmers' club and witliout the consent 2 

T'i'ni'iii °^ ^^^^ authorities having charge of the same, shall establish within one 3 

R L. 124, § 22. half mile of the place of holding such show, fair, exhibition or meeting a 4 

tent, booth or vehicle of any kind for the purpose of vending any goods, 5 



Chap. 129.] 



ANIMAL INDUSTRY. 



1303 



6 wares, merchaiuiise, provisions or refreshments. No person shall engage 

7 in gaming or horse racing or e>diibit a show or play during the regular 

8 or stated time of holding a cattle show, agricultm-al fair or meeting of a 

9 farmers' club, or engage in pool selling, at or within one half mile of the 

10 place of holding the same; but no person having his regular place of busi- 

11 ness within such limits shall be hereby required to suspend his business. 

1 Section 50. Whoever violates any provisions of the preceding sec- Penalty 

2 tion, or of a regulation established under section forty-eight, shall forfeit r'.s'i'u!'|22. 

3 not more than twenty dollars. R. l. 124, § 23. 

REFERENCE. 
County aid to agriculture in Suffolk county, 1919, 75. 



CHAPTER 129 

ANIMAL INDUSTRY. 



Sect. 

1. Definitions. 

2. Powers and duties of director, orders, 

etc. 

3. Records of inspectors. 

4. Certification of documents by clerk. 

5. Orders, etc., to be sent to inspectors. 

6. Aid by sheriffs, etc. 

7. Entry on premises. 

8. Hospitals and quarantine. 
Duties of agcnt.s of Massachusetts So- 
ciety for Prevention of Cruelty to 
Animals. 

Examinations under oath. 

11. Isolation, etc., of affected animals. 

12. Compensation for killing cattle affected 

with tuberculosis. 

Compensation for killing animals af- 
fected with glanders. 

Extermination of foot and mouth dis- 
ease. Appraisals of and payments 
for property destroyed, etc. 

15. Appointment of inspector of animals. 

16. Penalty for refusal or neglect of town to 

appoint inspectors. Appointment by 
director. 

17. Oath of inspector. Compensation. 



9. 



10 



13 



14 



Sect. 

18. Duties of inspector. 

19. Inspection of domestic animals. 

20. Certificate of healthy condition. 

21. Quarantine of infected animals. 

22. Service of notice of quarantine. 

23. Examination of barns, etc. 

24. Notice of quarantine. 

25. Records of inspectors of animals. 

26. Provisions applying to Boston. 

27. Quarantine of imported animals. 
2S. Notice of contagious diseases. 

29. Expense of quarantine. 

30. Quarantine. General penalties. 

31. Assessment of damages. 

32. U.se of tuberculin restricted, etc. 

33. No compensation in certain cases for 

animals tested with tuberculin. 

34. No compensation to violators of regu- 

lations. 

35. Certain cattle not to be driven on 

streets, etc. 

36. Notice to be given of contagious dis- 

eases. 

37. Enforcement of provisions. 

38. Annual report. 



1 Section 1. The following words as used in this chapter, unless the Definitions. 

2 context otherwise requires, shall have the following meanings: imiwi,' ^^' 

3 "Agents", employees of the division of animal industry specially fglg^os, 

4 designated as agents by the director. r l go 

5 "Contagious disease", such disease as is recognized by the United ||,^,'|^- 

6 States bureau of animal industry to be contagious or infectious. i9i8;2b9. 

7 "Director", director of animal industry. 

8 "Division", division of animal industry. 

9 "Inspector", inspector of animals appointed under section fifteen or 
10 sixteen. 



1919. 350, 
§§ 40, 44. 



1304 



ANLMAL INDUSTRY. 



[Chap. 129. 



Powers and 
duties of 
director, 
orders, etc. 
1S60, 221, § 6. 
P. S. 90, § 10. 
1S94, 491, § 3S. 
1899, 408, § 4. 
R. L. 90, § 4 
1902, 116, § 3. 
1911,381, § 1. 

1912, 608, § 4. 

1913, 329. 
1919, 350, 
5§40,44. 

2 0p. A. G. 425, 
542. 

3 Op. A. G. 208. 



Section 2. The director may make and enforce reasonable orders, 
rules and regulations relative to the following: the sanitary condition of 
neat cattle, other ruminants and swine and of places where such animals 
are kept; the prevention, suppression and extirpation of contagious dis- 
eases of domestic animals; the inspection, examination, quarantine, care 
and treatment or destruction of domestic animals affected with or which 
have been exposed to contagious disease, the burial or other disposal of 
their carcasses, and the cleansing and disinfection of places where con- 
tagion exists or has existed. No rules or regulations shall take effect 
until approved by the governor and council. Op. a. g. (iqiq) 34. 



9 
10 



Section 3. The director shall make and prescribe forms for records 1 
899 408 1 1^' °^ inspectors, certificates of examination, notices and orders of quarantine, 2 
notices and orders for killing and burial, and for returns of inspectors 3 



Records of 

inspectors. 

1894, ■ ' 

1899, 

R. L. 90, § 4 

1902, 116, § 3 . , , , . , ,, 

1911, 381, 1 1. required bv this chapter. 1912, eos, § 4. 1913, 329. 1919, 3,50, §§ 40, 44. 4 



Certification 
of documents 
bv clerk. 

1893, 306, § 7. 

1894, 491. § 52. 
1899. 408, § 2. 
R. L. 90, § 2 
1902, 116, § 3. 
1912, 608, § 3. 



Section 4. The director may designate an employee of the division 
as clerk who shall keep the records of the di\-ision, shall certify copies 
of such records or of any order, rule or regulation issued by the director, 
and shall make any certificates of issuing, recording, delivering or pub- 
lishing of orders required under this chapter. 

1913, 329. 1918, 257, § 313. 1919, 5; 350. |§ 40, 44. 1920, 2. 



Orders, etc , 
to be sent to 
inspectors. 
1894,491, §40. 
1899. 408, § 13. 
R. L. 90, § 4 
1902. 116, §3 

1912, 60S, § 4. 

1913, 329. 



Section 5. AH orders, rules and regulations made by the director 
shall be entered on the records of his division and a copy thereof shall be 
sent to each inspector in the town to which the orders, rules or regula- 
tions apply, and shall be published by such inspector in the manner pre- 
scribed by the order, rule or regulation. i9i9, sso. §§ 40. 44. 2 0p. a. g. 425. 



Aid by 
sfieriffs, etc. 
1,894, 491, § 57. 
1899,408, § 11. 
R. L, 90, § 9. 
1902. 116, § 3. 
1912, 60S, § 4. 



Section 6. Sheriff's, constables and police officers shall upon request 1 

of the director or an inspector assist him in the performance of his duties 2 

and shall have the same powers and protection, while so engaged, as 3 

peace officers. i9i3. 329. 1919, 350, §§ 40, 44. 4 



Entry on 
premises. 
1894, 491, § 13. 
1899, 108, § 28. 
R. L. 90, § 23. 
1902, 116, § 3. 
1911,381, 
§§1,3. 

1912, 608, 

1913. 329. 

1918. 257. 
§314. 

1919. 5: 350. 
§§ 40. 44. 

1920. 2. 



:4. 



Section 7. For the purpose of inspecting or examining animals or 1 

the places where they are kept, the director, any of his agents or an 2 

inspector, duly qualified, may enter any building or part thereof or any 3 

enclosure or other place, and may examine or inspect such animals or 4 

places. Whoever prevents, obstructs or interferes with such director, 5 

agent, inspector or other person having like authority in the performance 6 

of any of his duties, or whoever hinders, obstructs or interferes with his 7 

making such inspection or examination, or whoever secretes or removes 8 

any animal, for the purpose of preventing it from being inspected or 9 

examined, shall be punished by a fine of not more than one hundred dol- 10 

lars or by imprisonment for not more than two months, or both. 11 



Hospitals and 
quarantine. 
1860, 221, § 3. 
1878. 24. § 1. 
P. S. 90. § 14. 
1887,252, §11. 
1894.491, §41. 
1899. 408. § 6. 
R. L. 90. § 5 
1902, 116. § 3. 

1912. 60S, §4. 

1913. 329. 



Section 8. The director may establish hospitals or quarantine sta- 
tions, with proper accommodations, wherein, under prescribed regula- 
tions, animals selected by him may be confined and treated for the pur- 
pose of determining the characteristics of a specific contagion and the 
methods by which it may be disseminated or destroyed, and he may 
direct inspectors to enforce and carry into effect all regulations made from 
time to time for that purpose. wi^' 350, §§ 40, 44. 



1 
2 

3 
4 
5 
6 

7 



Chap. 129.] anlm.\l industry. 1305 

1 Section 9. The agents of the Massachusetts Society for the Pre- Duties of 

2 vention of Cruelty to Animals may visit all places at which neat cattle, Ma"uchusctts 

3 sheep, swine or other animals are delivered for transportation or are Prevention of 

4 slaughtered, for the purpose of preventing violations of aiiy law and of AlSnlSs"* 

5 detecting and punishing the same; with power to prosecute any such laio. s'JO- 

6 violation coming to their notice. Any person who prevents, obstructs or 

7 interferes with any such agent in the performance of such duties shall be 

8 punished by a fine of not more than one hundred dollars or by imprison- 

9 ment for not more than two months, or both. 

1 Section 10. The director may examine on oath all persons who are Examinations 

2 believed to possess knowledge of material facts relative to the existence iss^iTs, § i. 

3 or dissemination, or danger of dissemination, of contagious diseases among l^^i.'io.'i-k. 

4 domestic animals, or relative to any other matter within the provisions }||f; 2II; | fy, 

5 of this chapter, and, for the purposes of this chapter, shall have all the J^gg' 49?; 1 1| 

6 powers vested in justices of the peace by chapters two hundred and issn! 4bs. § 10. 

7 twenty-two and two hundred and thirty-three to take depositions, to ino2: nh, § 3. 

8 compel witnesses to attend and testify before him and to administer lolsiS 

9 oaths. Witnesses shall receive the same fees for attendance and travel §§'^^6.^44*.' 

10 as witnesses before the superior court. The expense of procuring the 

11 attendance of such witnesses shall be paid by the commonwealth. Copies 

12 of the records of the division, or of any order, rule or regulation issued 

13 by the director, if duly certified by the clerk, and any certificate by the 

14 clerk of the issuing, recording, delivering or publishing of such orders, 

15 rules or regulations under this chapter, shall be competent evidence of 

16 such fact in any tribunal. 

1 Section 11. If the director, or one of his agents, by examination of a isolation, etc., 

2 case of contagious disease of domestic animals, except foot and mouth animal's' 

3 disease, is of opinion that the public good so requires, he shall cause the lfl%^if' ^ ^' 

4 diseased animal to be securely isolated or to be killed without appraisal 1^78,^24. § 1. 

5 or payment. An order for killing shall be issued in writing by the direc- jg«' J^o- 

6 tor, may be directed to an inspector or other person, and shall contain Pj^'^O' 

7 such direction as to the examination and disposal of the carcass and the i887.'252, 

8 cleansing and disinfection of the premises where such animal was con- 1892,195, § 3. 

9 demned as the director considers expedient. A reasonable amount may Jl^; I??; 1 15. 

10 be paid from the treasury of the commonwealth for the expense of such }^^g; |[||; | ^°- 

11 killing and burial. If thereafter it appears, upon post mortem examina- jy^ i?i,\''3 

12 tion or otherwise, that such animal was free from the disease for which 1912,' ms! § 4. 

13 it was condemned, a reasonable amount therefor shall be paid to the 1917! 121, 

14 owner by the commonwealth, except as otherwise provided in section 

15 fourteen relative to foot and mouth disease. 

1919, 350. §§ 40. 44. 152 Mas.s. 540. 30p. A. G. 208. 

1 Section 12. If under the preceding section any cattle affected with Compensation 

2 tuberculosis are killed, the full value thereof at the time of condemna- c°nie '"^ 

3 tion, not exceeding sixty dollars each, shall be paid to the owner by the tuberculosis. 

4 commonwealth if such animal was owned within the commonwealth for six }|^3; l^[ | f 

5 consecutive months next prior to its killing or was inspected within such {fpl' 491;' f to 

6 time and satisfactory proof has been furnished to the director by certifi- ism, 40s. § s. 

7 cate or otherwise that it was free from disease, and if the owner has r. l'oo.Is. 

8 not prior thereto in the opinion of the director by wilful act or neglect lOp. a. g 

9 contributed to the spread of tuberculosis. ^^*' ^^°' ^^^' 



1306 



ANIMAL IXDrSTRY. 



[Chap. 129. 



Compensation 
for killing 
animals 
affected 
with glanders. 
1913. 646, § 1. 
1919. 350. 
§§ 40. 44. 



Section 13. If under section eleven anj- horse, mule or ass affected 1 

with glanders is killed, the full value thereof at the time of condemna- 2 

tion, not exceeding fifty dollars, shall be paid to the owner by the com- .3 

monwealth if such animal was owned within the commonwealth for 4 

twelve consecutive months next prior to the killing thereof, and if tlie 5 

owner thereof has not in the opinion of the director contributed to the (> 

spread of glanders by any wilful act or neglect. 7 



Extermination 
of foot and 
mouth disease. 
Appraisals of 
and payments 
for property 
destroved. etc. 
1917, 121. 
§§1.2. 
1919. 330, 
§§ 40, 44. 



Section 14. All neat cattle and other domestic animals, which are 1 
affected with, or have been exposed to, foot and mouth disease, shall be 2 
destroyed when, in the opinion of the director, the public good so re- 3 
quires, and their carcasses shall be buried or otherwise disposed of. An 4 
order for killing and for the disposal of carcasses shall be issued in writing 5 
by said director, and may be directed to an agent, an inspector, or other 6 
person. The said director shall also issue such directions for the cleansing 7 
and disinfection of buildings, premises and places in which foot and 8 
mouth disease exists or has existed, and of property which may be on or 9 
contained therein, as in his opinion may be necessary or expedient. Any 10 
property on such premises which may be, in the opinion of the director 11 
or of his agents, a source of contagion may be destroyed by order of the 12 
director. The necessary expenses incurred in carrying out this section 13 
may be paid from the annual appropriation for the extermination of con- 14 
tagious diseases among domestic animals. The director may appoint 15 
persons to make appraisals on live stock and other property the destruc- 16 
tion of which is ordered under this section, and fifty per cent of the full 17 
value of such live stock and other property, as determined by the ap- 18 
praisal, may be paid from the annual appropriation aforesaid. If the 19 
United States government makes an appropriation for payment of a cer- 20 
tain portion of the value of any animals and property destroyed under 21 
this section, the payment by the commonwealth for such animals or 22 
property shall be limited to the difference between such portion and the 23 
full value thereof determined as herein provided, which shall not be in 24 
excess of fifty per cent of such value. 25 



Appointment 
of^nispector 
of animals. 
1S72. 231. § 1. 
1875. 29. § 1. 
1870, ISO, 5 1. 
P. S. 58, § 1 

1892, 195, § 1; 
432 

1893, we, s r,. 

1894, 491, § 1. 



Section 15. The mayor in cities, except Boston, and the selectmen 
in towns shall annually, in March, nominate one or more inspectors of 
animals, and before April first shall send to the du-ector the name, address 
and occupation of each nominee. Such nominee shall not be appointed 
until approved by the director. In cities at least one such inspector shall 
be a registered veterinary surgeon. is99. 408. § i". r. l. 90, § 12. 

1902. 116, §3. 1911,143. 1913,329. 1 Op. A. G. 74. 



1908. 378. 



1912, 60S, |§ 4, 6. 



1919, 350, §§ 40, 44. 



4 Op. A. G. 146. 



Penalty for 
refusal or 
neglect of town 
to appoint 
insjjoctora. 
Appointment 
by director. 
189.3. 306, 
l§ 5. 0. 

1894, 491, S 2. 
1899, 408, S 18, 
R. L. 90. § 13. 
1902, 116. § 3. 



Section 16. A town shall, for each refusal or neglect of its officers 
to comply with the requirements of the preceding section, forfeit not 
more than five hundred dollars. The director may appoint one or more 
inspectors for such town, and may remove an inspector who refuses or 
neglects to be sworn or who, in the opinion of the director, does not prop- 
erly perform the duties of his office and may appoint another inspector 
for the residue of his term. 

1912, 608, I 4. 1913, 329. 1919. 350, §§ 40, 44. 



S>* cto"/ "com- Section 17. Each inspector shall be sworn to the faithful performance 1 
p|5.f tj™ 5 J of his official duties, and shall receive from the town for which he is ap- 2 
1875, 29. 1'l. pointed reasonable compensation, if appointed by the town, or such com- 3 



Ch.\P. 129.] .VNIMAL INDUSTRY. 1307 

4 pensation as shall be fixed by the director, but not in excess of five istb, :so. 5 1. 

5 hundred dollars a year, if appointed by the director. Towns having a isss, 301;, § 5. 

6 valuation of less than two and one half million dollars shall be reimbursed Hit] tye,.' ^ ^' 

7 by the commonwealth for one half of such compensation, not exceeding jf^n.^^f'so 

8 two hundred and fifty dollars for each inspector in any one year. k.qL. 9o^§ w- 

1912, 608, § i. 1913, 329. 1919. 350, §§ 40, 44. 

1 Section 18. Each inspector shall comply with and enforce all orders Duties of 

2 and regulations directed to him by the director. If he refuses or neglects ism! «i', 

3 so to do, he shall be punished by a fine of not more than five hundred isog.tos, 

4 dollars. n. l. 90. § 10. « 21, 31. 

1902, 116, § 3. 1912, cos, § 4. 1913,329. 1919, 350, §§ 40, 44. 

1 Section 19. Inspectors shall make regular and thorough inspections inspection of 

2 of all neat cattle, sheep and swine found within the limits of their respec- anCiMis." 

3 tive towns. Such inspections shall be made at such times and in such ligf^lgillf; 

4 manner as the director shall from time to time order. They shall also [Hq- ^qI | 22 

5 from time to time make inspections of all other domestic animals within {go^neS^s' 

6 the limits of their respective towns if thev know, or have reason to sus- ws! 60s! i 4. 

. .* 1913 329 

7 pect, that such animals are affected with or have been exposed to any 1919! 350! 

8 contagious disease, and they shall immediately inspect all domestic s'op.'A. b. 

9 animals and any place where any such animals are kept whenever di- ^°^' 

10 rected so to do by the director; but this section shall not apply to the 

11 inspection of sheep or swine slaughtered in wholesale slaughtering estab- 

12 lishments, or to the obtaining of a license for the slaughtering of such 

13 sheep or swine. 

1 Section 20. An inspector who is satisfied, upon an examination of he'atthr'^ °' 

2 any neat cattle, sheep or swine, that they are free from contagious ^gg^'^^g"- 5 g 

3 disease, shall deliver to the owner or to the person in charge thereof a }?Qn'loS'| I, 

4 written certificate of their condition, in such form as the director shall r. l! 90, '§ is. ' 

5 prescribe, signed by the inspector, and shall enter a copy of said certificate 1912! eos! 1 4'. 

6 upon liis records. 1913, 329. 1919, 350, §§ 40, 44. 

1 Section 21. An inspector who, upon an examination of a domestic Quarantine of 

2 animal, suspects, or has reason to believe, that it is afl^ected with a con- Lnimau. 

3 tagious disease shall immediately cause it to be quarantined or isolated ilre! 24^§ i.^' 

4 upon the premises of the owner or of the person in whose charge it is 189^,491^ §'7. 

5 found, or in such other place as he may designate, and shall take such ^ ^l go^'s^g^' 

6 other sanitary measures to prevent the spread of such disease as may be 1902, no, § 3. 

7 necessary or as shall be prescribed by any order or regulation of the direc- 1913! 329! 

8 tor. He shall also deli-\'er to the owner or person in charge of such animal, §s 46, 44.' 

9 or to any person having an interest therein, a %\Titten notice or order of p- - ■ — • 

10 quarantine signed by him, in such form as the director shall prescribe, 

11 'and shall enter a copy of said notice upon his records. 

1 Section 22. Such notice or order may be served by an inspector or service of 

2 officer qualified to serve ci^•il process, by delivery in hand to, or lea\ing quarantine. 

3 at the last and usual place of abode of, the owner or person having an 1399! 40s,' § 25. 

4 interest in or in charge of the animal concerned, or by posting upon the fgi^^] uhfis. 

5 premises where said animal is quarantined or isolated. A copy thereof, }^}|' ^^^; ^ *• 

6 with the return of said officer or inspector thereon that such service has J?^^^g^4^.f' 

7 been made, shall be competent evidence in any court that such quarantine 

8 has been imposed. If an animal has been so quarantined, it shall remain 

9 in quarantine until the further order of the director. 



1308 



ANIMAL INDUSTRY. 



[ClIAP. 129. 



Examinat 


ion 


of barns. < 


etc. 


1899, 


,408, 


§29. 


R. L, 


90, 


24. 


1902, 


116, 


§3. 


1912, 


608, 


§ 4. 


1913, 


329. 




1919, 


,350. 




§§ 40, 44. 




Notice of 




quarantine. 


1894, 


491, 


§9. 


1899, 


408, 


§27. 


R. L. 


90. i 


§22. 


1902, 


116, 


§3. 


1912, 


608, 


§ 4. 


Records o 


f 


inspectors of 


animals. 




1894, 


491, 


§5. 


1899, 


408, 


§ 19. 


R. L. 


90, 


§15. 


1902, 


IIG, 


§3. 


1912, 


608, 


§4. 


1913, 


329. 




1916, 


147. 




1919, 


350, 




§§40 


1, 44. 




Provisions 


! 


applying to 


Boston. 




1912, 


608, 


§7. 


Quarantine 


of imported 


animals. 




1887, 


252, 


§20. 


1894, 


491, 


§63. 


1899, 


408, 


§12. 


R. L. 


90, § 10. 


1902, 


116, 


§3. 


1912, 


608, 


§4. 


Notice of 




contagious 


diseases. 




1860, 


219, 


§9; 


221, § 5. 




1878, 


24. 




1879, 


178. 




P. S. 


90, §§ 9, 


15. 






1885, 


148, 




§§1. 


2. 




1887, 


252, 




§§6, 


7. 




1894, 


491. 




§§29 


,30. 




1899, 


408, 




§§14 


, 15. 




R. L. 


90, § 11. 


1902, 


116, 


§3. 


1908, 


515, 


§ 1. 


1912, 


60S, 




§§4, 


5. 




1913, 


329. 




Expense o 


f 


quarantine. 


1860, 


219, 


§1. 


1878, 


24, § 1. 


P. S. 


90, § 1. 


1887, 


252, 


§ 1. 


1894, 


491, 


§ 27. 


1895, 


496, 


§9. 


1899, 


408, 


§ 26. 



Section 2.3. Inspectors shall, in addition to their inspections of ani- 
mals for contagious diseases, examine the places in which neat cattle are 
kept, with reference to their situation, cleanliness, light, ventilation and 
water supply, and the general condition and cleanliness of the said neat 
cattle, and shall make a detailed report, with names and residences of 
owners, to the director. 

Section 24. An inspector who has caused a domestic animal to be 
quarantined, as provided in section twenty-one, shall immediately give a 
written notice thereof, with a copy of the order of quarantine, to the 
director, and shall give such information to no other person. 



1913.329. 



1919,350, §§40,44. 



Section 2.5. Each inspector shall keep a record of all inspections made 
by liim and of his doings therein, and shall make regular returns thereof 
to the division, but such returns need not be retained for more than two 
years, and may then be destroyed or disposed of by their lawful cus- 
todian, and any proceeds received in the course of their disposal shall be 
paid to the commonwealth. The director shall prescribe the form in 
which and the times at which such records and returns shall be made, 
and may at any time inspect them and make copies thereof. 



Section 27. Animals brought into this commohwealth from places 
which in the opinion of the director are infected, may be seized and quar- 
antined by the director at the expense of their owners or consignees, so 
long as the public safety requires; and, if in his opinion safety so requires, 
he may cause such animals to be killed without appraisal or payment. 

1913, 329. 1919, 350, §§ 40, 44. 



Section 26. The provisions of this chapter relative to the duties of 1 
inspectors shall apply to persons officially performing the functions of 2 
inspectors in Boston. 3 



Section 28. The board of health of a town, any member or agent 1 

thereof or any other person who has knowledge of or reason to suspect 2 

the existence of any contagious disease among any domestic animals in 3 

the commonwealth, or that any domestic animal is affected with a con- 4 

tagious disease, whether such knowledge is obtained by personal exaini- 5 

nation or otherwise, shall immediately give written notice thereof to the 6 

director, or to an inspector for the town where the animal is kept. ^Vho- 7 

ever fails to give such notice shall be punished by a fine of not more than 8 

one hundred dollars. Upon the receipt of such notice by said inspector, 9 

he shall proceed as provided in sections twenty-one, twenty-two, twenty- 10 

four and twenty-nine. Upon receipt of such notice by the director he shall 1 1 

inspect or cause his agent to inspect such animal, and thereafter shall 12 

proceed as provided in section eleven or fourteen, as the case may be. 13 

1919, 350, §§ 40, 44. 

Section 29. If animals have been quarantined, collected or isolated 1 

upon the premises of the owner or of the person in possession of them at 2 

the time such cjuarantine is imposed, the expense thereof shall be paid by 3 

such owner or person; but if specific animals have been quarantined or 4 

isolated under section eight or twenty-one for more than ten days upon 5 



Chap. 129.] animal industry. 1309 

6 such premises, as suspected of being affected with a contagious disease, R. l oo, § 21. 

7 and the owner is forbidden to sell any of the product thereof for food, or 1 Op. a. g. 372. 

8 if animals have been quarantined, collected or isolated on any premises 

9 other than those of such owner or person in possession thereof, the ex- 
10 pense of such quarantine shall be paid by the commomvealth. 

1 Section 30. An animal which has been quarantined or isolated by Quarantine. 

2 order of the director or of his agent, or of an inspector, shall, during the aiUes. 

3 continuance of such quarantine or isolation, be deemed to be affected with I'sra! its! 

4 a contagious disease. Whenever an animal has been released from quar- iss^7,^2°52! M4. 

5 antine by order of the director the same animal shall not again be quar- J|g|' |gj; ^ *■ 

6 antined or isolated by an inspector during the period of thirty days ||g9''408 

7 immediately following such release except upon order of the director. H 32, ac' 

8 Whoever knowingly breaks or authorizes or causes to be broken a quar- §§' 25, 29. 

9 antine so imposed, or whoever, contrary to such order of quarantine or 1912', eos! § i. 

10 isolation, knowingly removes an animal or authorizes or causes it to be igilisg!'' 

11 removed from a building, place or enclosure where it is quarantined or ^l^lo^lf' 

12 isolated, or whoever, contrary to an order or notice of quarantine, know- 1 Op- ^- '^- "^■ 

13 ingly places or causes or authorizes to be placed any other animals within 

14 a building, place or enclosure where an animal is quarantined, or in 

15 contact therewith, or whoever knowingly conceals, sells, removes or trans- 

16 ports, or knowingly causes or authorizes to be concealed, sold, removed 

17 or tran.sported, an animal, knowing or having reasonable cause to be- 

18 lieve that it is affected with a contagious disease, or whoever knowingly 

19 authorizes or permits such animal to go at large upon any public way 

20 within the commonwealth, or whoever knowingly brings or authorizes 

21 or permits to be brought from another country, state, district or territory 

22 into this commonwealth, an animal which is affected with or has been 

23 exposed to a contagious disease, or whoever disobeys a lawful order or 

24 regulation of the director or of any of his agents or of inspectors in the 

25 performance of their duty under this chapter, shall be punished by a 

26 fine of not more than five hundred dollars or by imprisonment for not 

27 more than one year, or both. 

1 Section 31. If an owner is entitled to compensation for the killing Assessment 

2 of an animal or the destruction of other property under this chapter, i894,49i,|46. 

3 and cannot agree with the director as to its value, the director and the iggg; 403! § 33! 

4 owner may each select an arbitrator, and if the owner neglects or refuses }902' ne.S^s! 

5 to select an arbitrator within twenty-four hours after notice tliat the JgJs'log- 

6 director has selected one, the arbitrator selected by the director may jijt,i|j g 

7 select another. In each case if the two arbitrators cannot agree as to i9i8!257; 

8 the value, they may select a third. The arbitrators shall be sworn to igw.'s; 350, 

9 the faithful performance of their duties and shall determine the value i92o%^*' 

10 within the limits provided by sections eleven to fourteen, inclusive, and 

11 the amount so fixed shall be paid to the owner. 

12 If the owner's right to compensation is in dispute, if either party pre- 

13 fers to submit the amount of damages to judicial determination, or if the 

14 award of the arbitrators is unsatisfactory to either party, the owner or 

15 the director may, within thirty days after the killing of such animal or 

16 the destruction of such property, or, if arbitrators have been appointed, 

17 within thirty days after the date of their award, file a petition for the 

18 assessment of damages in the superior court for Suffolk county or for the 

19 county where the killing or destruction occurred. A copy of the petition 



1310 



ANIMAL INDUSTRY. 



[CiLiP. 129. 



shall be served upon the adverse party. If upon such petition it appears 20 
that the owner is entitled by law to compensation, the damages shall be 21 
assessed under chapter seventy-nine within the limits provided by sec- 22 
tions eleven to fourteen, inclusive, of this chapter. The damages, costs 23 
and expenses incurred by the director in prosecuting or defending the peti- 24 
tion shall be paid by the commonwealth. 25 



Use of tuber- 
culin restricted, 

1S95, 49G, § U. 

1896, 270. 

1897, 105. 
1899, 408, § 42. 
R. L. 90, § 31. 
1903, 322. 



No compen- 
sation in cer- 
tain cases for 
animals tested 
with tuberculin. 
1S97, 499. 
1899, 408, § 43. 



No compen- 
sation to 
violators of 
regulations. 
1899, 408, § 44. 
R. L. 90, § 33. 



Section 32. Tuberculin as a diagnostic agent for the detection of 1 

tuberculosis in domestic animals shall be used only upon cattle brought 2 

into the commonwealth and upon cattle in quarantine stations at Brigh- 3 

ton, Watertown and Somerville; but it may be used as such diagnostic 4 

agent on any animal in any other part of the commonwealth, with the 5 

written consent of the owner or person in possession thereof, and upon 6 

animals which have been reported as tuberculous upon physical exam- 7 

ination by a competent veterinary surgeon. Such tests by the use of 8 

tuberculin shall be made without charge to citizens of the commonwealth, 9 

and in all other cases the expense of such tests shall be paid by the owner 10 

of such animals or by the person in possession thereof. 1 1 

Section 33. A person who has animals tested with tuberculin shall 1 

not be entitled to compensation from the commonwealth for any animals 2 

which react to the tuberculin test unless they have been tested by the 3 

director or his agents, acting in their official capacity. R- l. 9o, § 32. 4 

1902, 116, § 3. 1912, 008. § 4. 1913, 329. 1919, 350, §§ 40, 44. 

Section 34. No compensation shall be allowed by the common- 1 

wealth to an owner of condemned cattle who has failed to comply with 2 

the reasonable regulations of the director relative to cleanliness, ventila- 3 

tion, light, disinfection and water supply. An owner of cattle who re- 4 

fuses to comply with anj' such regulation shall be punished by a fine of 5 

not more than fifty dollars. 6 



Certain ca 


ttle 


not tc 


.bed 


riven 


on streets, 


etc. 


1870, 


137. 




P. S. ' 


90. 




§§20 


-28. 




1887, 


252, 




M21 


-33. 




1894, 


491, 




§§54 


-50. 




1899. 


408. 




§§ 38-40. 




R.L. 


90, § 


SO 


1902, 


116, 


§3. 


1912, 


COS, 


§4. 


Notice to 




be gi- 


ven of 


contagious 


s 


diseases- 




1894, 


491, 


§35. 


1899, 


408, 


§34. 


R.L. 


90, i 


)27. 


1902, 


110, 


§3. 


1908, 


515, 


§ 2. 


1912, 


608, 


§■4. 


1913, 


329. 




1919, 


3.50, 




§§ 40, 44. 





Section 35. Texan, Mexican, Cherokee, Indian or other cattle, 
which the director has reason to believe may spread contagious disease, 
shall not be driven on any public way or road, or outside the stockyards 
connected with any railroad in the commonwealth, contrary to an order 
of the director, and they shall be kept in dift'erent pens from those in 
which other cattle are kept in all stockyards in the commonwealth. 
Whoever violates any provision of this section shall be punished by a 
fine of not less than twenty nor more than one hundred dollars. 

1913, 329. 1919, 350, §§ 40, 44. 



Section 36. Whoever kills an animal or causes it to be killed, with 1 

the consent of the owner or person in possession thereof, upon suspicion 2 

that it is affected -nath or has been exposed to a contagious disease, and 3 

who, upon the inspection of the carcass thereof, finds or is of opinion 4 

that it is affected ^\^th a contagious disease, shall forthwith notify such 5 

owner or person in possession thereof, and the director or an inspector 6 

for the town where such animal was kept, of the existence of such dis- 7 

ease, and of the place where the animal was found, the name of the 8 

owner or person in possession thereof and of the disposal made of such 9 

carcass. Wlioever \-iolates any proNasion of this section shall be pun- 10 

ished by a fine of not more than one hundred dollars or by imprison- 11 

ment for not more than two months, or both. 12 



ClL-lP. 130.] POWDERS, ETC., OF DIVISION OF FISHERIES AND GAME. FISHERIES. 



1311 



1 Section 37. The superior court shall have jurisdiction in equity to Enforcement 

2 enforce this chapter and restrain violations thereof. °' provisions. 



189-1,491, § 58. 



1899, 408, § 41. 



R. L. 90, § 34. 



Section 38. The commissioner of conservation shall make an annual f'sTy^'^'s^Tig' 
report of the acts of the director, including therein the information ob- i*^;*' ^sii § si- 
tained from inspectors under section twenty-three. §§3,29. ' 



R. L. 90. §§ 3, 24. 
1902, 116, § 3. 



1912, 008, § 4. 

1913, 329. 



1919, 350, §§ 8, 40, 44. 



REFERENCE. 
Examination of sheep at demonstration sheep farms. Chap. 128, § 10. 



CHAPTER 130 



POWERS AND DUTIES OF THE DIVISION OF FISHERIES AND GAME. 

FISHERIES. 



Sect. 

1. Definitions. 



GENERAL PROVISIONS. 

2. Enforcement of fish and game laws, 

etc. 

3. Penalty. 

4. Powers of director, wardens and depu- 

ties. 

5. May arrest without warrant. 

6. Search may be made for fish or game 

illegally taken. 

7. Search warrants. 

8. Persons taking, killing, etc., birds, 

etc., to display them for inspection. 

9. Duties in respect to forest fires, etc. 

10. Certain old documents may be de- 

stroyed. 

11. Directormay investigate as to fisheries 

and game. 

12. Penalty for entering, without right, 

buildings, etc., used by the director 
in scientific investigations. 

13. Disposition of certain fines, etc. 



14. 



FISHING LAW. 

Director may take fish for fish culture. 



15. Stocking brooks with food fish. 

16. Discharge of waste material into cer- 

tain streams prohibited. 

Director may examine dams, make 
and serve orders. Courts may en- 
force orders. 

Penalty for not keeping fish way open. 

Director may build fish ways, etc. 

20. Compensation for land taken. 

21. Screening ponds and rivers. 



17 



18. 
19. 



Sect. 

22. Director may enter on land, etc. 

FISHING LICENSE. 

23. License to fish in stocked waters. 



FISHERIES IN GREAT PONDS. 

24. Certain ponds public. 

25. Director may control certain ponds. 

26. Notices of such occupation. 

27. Penalty. 

28. Stocking pond with food fish. 

29. Fishing in MUl pond. 

30. County commissioners to measure 

great ponds. 

31. Selectmen may measure certain ponds. 

32. Exclusive fishery of riparian owners. 

33. Acquisition of exclusive fishery. 

34. Penalty for taking fish in certain 

ponds. 

35. Use of nets in ponds regulated. 



CONTROL OF 



RIPARIAN 



FISHERIES BT 
PROPRIETORS. 

36. Enclosure of unnavigable streams. 

37. Ownership of fish artificially propa- 

gated. 

Penalty for fishing where fish are arti- 
ficially propagated. 

Definition of navigable streams. 

Governor may define tidal bounds and 
mouths of streams. 

Governor may limit fishing in certain 
waters. Penalty. 

42. Owners of certain streams to control 

fisheries. 

43. Fishing with sweep seines. 



38. 



39 
40 



41 



1312 



POWERS, ETC., OF DIVISION OF FISHERIES Airo GAME. FISHERIES. [ChAP. 130. 



Sect. 

herring, alewives and shad. 

44. Towns may open ditches, etc., to 

create herring fisheries. 

45. Towns shall own such fisheries. 

46. Penalty for fishing in such fisheries 

without permission. 

47. Rights under contracts, etc., not af- 

fected. 

48. Penalty for illegal taking of shad or 

alewives. 

TROUT. 

49. Provisions as to possession or sale of 

trout. 
60. Provisions as to fishing for trout. 

51. Limit of catch. 

52. Artificially propagated trout. License. 

53. Penalty. 

54. Establishing rearing stations for trout 

in certain counties. 

55. Trout and spawn, conditions of 

furnisliing. 



56. Commissioner to make regulations for 

taking salmon. 

57. Protection of salmon fry. 

PICKEREL. 

5S. Close season for pickerel. Penalty. 

59. Taking, etc., short pickerel. Penalty. 

60. Taking, etc., of pickerel may be regu- 

lated, etc. 

WHITE PERCH. 

61. Restrictions on the taking of white 

perch. Penalty. 

PIKE PERCH. 

62. Possession of certain pike perch pro- 

hibited. Seizure without warrant, 
and sale. Penalty. 

POLLOCK AND MACKEREL. 

63. Seining of pollock and spike mackerel. 

Penalty. 

BLACK BASS. 

64. Close season for black bass. Limit of 

length. 

65. Granting, etc., of licenses for propaga- 

tion. 

66. Penalty. 

SMELTS. 

67. Penalty for selling, etc., smelts be- 

tween certain dates. 

68. Permits to take smelts in great ponds. 

69. Penalty for taking smelts except with 

hook and line. 

70. Prohibition not to extend to certain 

counties, etc. 

71. Use of net, seine, etc., for catching 

smelts in Boston harbor, etc., pro- 
hibited. 



Sect. 

72. Possession of net, etc., prima facie evi- 

dence. 

73. Penalties. 

74. Searches ; seizure and libelling of prop- 

erty. 

MISCELLANEOUS PROVISIONS RELAXrVE TO 
FISH. 

75. Shiners may be taken for bait. 

76. Forfeiture of fish, boats and appa- 

ratus. 

77. Keepers of fish markets, etc., to give 

information of unlawful taking. 
Penalty. 

78. Introduction of fish into state waters. 



CERTAIN SHELLFISH AND EELS. 

79. Taking of scallops regulated. 

80. Not to be taken between April first 

and October first, etc. 

81. Taking Umited. 

82. Modification of close season, etc. 
S3. Penalty. 

84. City and town officers may regulate 

the taking of certain fish, etc. 

85. Cities and towns may grant licenses 

for the planting, etc., of quahaugs. 

86. Additional license may be granted to 

bed quahaugs, etc. 

87. Na\dgable water not to be obstructed. 

Hearing. Contents of and record- 
ing licenses. Survey, etc. 

88. No person except the Hcensee to take 

quahaugs, etc. 

89. Superior court may appoint a com- 

mission to determine if licensee is 
acting in good faith, etc. 

90. Licensee to have exclusive use. 

Action and penalty for taking, etc., 
without licensee's consent. 



LOBSTERS. 

91. Penalty for taking female lobsters. 

92. Director may purchase lobsters, mth 

eggs attached, caught along the 
shore of the commonwealth, etc. 

93. Purchased lobsters to be marked; 

possession of such lobster, etc., 
prohibited. 

94. Sale of lobsters, etc., regulated. 

95. Penalty for unlawfully selling, etc., lob- 

ster meat. 

96. Penalty for imlawful transportation of 

lobster meat. 

97. Lobster meat unlawfully sold, etc., 

may be confiscated. 

98. Not to affect sale of certain lobsters, 

etc. 

99. Penalty for selling, etc., small lobsters. 

100. Penalty for mutilation. 

101. State police to enforce. 

102. Right of search. 



Chap. 130.] powers, etc., of division of fisheries and game, fisheries. 



1313 



Sect. 

103. Protection of lobster industry. Pen- 

alty. 

104. Licenses. 

105. Revocation of license. 

106. Report by licensee, etc. 

107. Hours for drawing lobster pots. 
lOS. Penalty. 

109. Investigation of habits of lobsters, etc. 

110. Transportation of lobsters regulated. 

111. Penalties. 

112. Enforcement of sections 110 and 111. 

113. Proceedings in case of seizure of lob- 

sters. 

FISHING FOR LOBSTERS, TAUTOG, ETC., IN 
CERTAIN W.ITERS. 

114. Prohibition of taking lobsters, etc., in 

certain waters. 

115. Boundaries defined. 

116. Penalty if certain statutes have been 

accepted. 

117. Prohibition of taking lobsters in wa- 

ters of Provincetown. 

OYSTERS. 

118. Penalty for unlawfully destroying oy.s- 

ters. 

119. Selectmen may give permits to take 

oysters. 

120. Granting of licenses for the cultiva- 

tion of oysters in Barnstable, Bris- 
tol, Dukes and Nantucket. Boun- 
daries, etc. 

121. Licensees to make annual report, etc. 

122. Application for license, etc. 

123. Fees. 

124. License number to be displayed. 

125. Taking of oysters between certain 

hours prohibited. 

126. Penalty for injuring boundary marks, 

etc. 

127. Penalty for injuring or unlawfully tak- 

ing planted oysters. 

128. Penalty for placing stones, scoopings, 

etc., on oyster beds, etc. 

129. Arrest and detention of offenders. 

130. No territory to be granted in polluted 

waters. 

131. Granting of licenses in counties not 

covered by section 122. Revocation. 
Penalties. 

132. Hours for taking oysters. 

133. Penalty for taking oysters from li- 

censed flats without permission. 



.Sect. 

134. Penalty for using dredge, etc., upon 

private oyster beds. 

GENER.\L PROVISIONS RELATIVE TO SHKLL- 
FISH. 

135. Pen.alty for taking shellfish, other 

than oysters, except, etc. 

136. Indians not within prohibition of sec- 

tions 118, 119 and 135. 

137. Taking of shellfish from contaminated 

waters regulated. 

138. Local boards of health may grant per- 

mits to take clams or ciuahaugs for 
bait, etc. 

139. Person holding permit to keep the 

same on his person, etc. Penalty. 

140. Penalty for violation of permit. 

141. Penalty for sale, etc., of clams, etc., 

taken from polluted waters. 

142. Penalties for taking oysters, etc., from 

prohibited waters, etc. 

143. Cities and towns may make appro- 

priations for cultivation, etc., of 
shellfish. May declare close season, 
etc. 

144. Penalty, etc. 

REGULATION OF FISH WEIRS, NETS, PURSES 
AND SEINES. 

145. Town officers may authorize fish 

weirs, etc. 
140. Penalty for injuring such fish weirs. 

147. Penalty for constructing unauthorized 

fish weirs. 

148. Owners of fish weirs, lobster pots, etc., 

to make returns. Lobster cars to 
be marked. Penalty. 

MISCELLANEOUS PROVISIONS. 

149. Penalty for taking fish, etc., from 

traps, etc. • 

1.>11. Penalty for taking certain fish excejjt 
with hook and line. 

151. Penalty for poisoning fish. 

152. Officers to prosecute. 

153. Prosecutions under this chapter lim- 

ited. 

154. Town officers to enforce certain sec- 

tions. 

155. Bounty on seals. Certificate. Penalty. 

KELP AND SE.AWEED. 

156. Kelp, etc., adrift. 

157. Special laws not repealed. 



1 Section 1. In this chapter, the following Mords shall have the fol- Definitions. 

2 lowing meanings: 

3 "Angling", fishing with hand line or rod, with naturally or artificially 

4 baited hook. 

5 "Deputy", a deputy fish and game warden appointed under section nm.wr. 

6 seven of chapter twenty-one. 

7 "Director", director of the division of fisheries and game of the lom, .3.-.0, 

8 department of conservation. 



1314 



POWERS, ETC., Ill'' DniSKiN OF FISHERIES AND GAME. [ClIAP. 130. 



iftu'. 4r„-,, § ,. « Warden ", a fi.sh and game warden 
chapter twenty-one. 



iippointed under section seven of 9 

10 



Enforcement 
of fish and 
game laws, 
etc. 

1S69, 3S4, § .•!. 
P. S. fll, §:i, 
1SS4. 212. § :i. 
1S97, 2SS. 5 1, 
R. L. 01, §;i 
1905, 407. 
1908, 417, 
5« 1,3. 

1910, 575, § 1. 
1912, 4fi5, I 1. 
19i:!. 2.i0. 
1917, 271, § I. 
1919, 3,50. 
§§ 43, 102. 



GENERAL PRtlVISIONS. 

Section 2. Thq director, wardens, deputies aiul state police shall 1 
enforce the laws relating to fish, birds, mammals and game. They may 2 
seize and remove, summarily if need be, at the expense of the owner 3 
using or maintaining the same, all illegal obstructions, except dams, mills 4 
or machinery, to the passage of migratory fish. The wardens and depii- .5 
ties, when on duty, shall wear and display a metallic badge bearing the 6 
seal of the commonwealth and the words "fish and game warden" or 7 
"deputy fish and game warden", as the case may be. Th6 director, 8 
with tjie approval of the governor, may in writing authorize any warden 9 
to have in his possession and carry a re^'olver, club, billy, handcufi^s and 10 
twisters, or such other weapon or article required in the performance of 11 
his official dutv. 12 



Penalty. 
1908. 417 



5 2 Section 3. Whoever, not being a warden or deputy, possesses or 1 
191''' 4^5' 1 1 '^^'Cfirs the badge described in the preceding section shall be punished by 2 
ii)i.3: 2.w: '' a fine of ten dollars. 3 



Powers of 
dirertor. 
wardens and 
deputies. 
lilOS, 417. 5 1. 
1910, 57.J, § 1. 
1912, 4lo. § 1 



Section 4. The director, wanlens and deputies shall have and exer- 
cise throughout the commonwealth, for the enforcement of the laws 
relating to fish, birds, mammals, game and dogs, all the powers of con- 
stables, except the service of ci\'il process, and of police officers. 

1913, 2.50. 1917, 271, § 1. 1919, 350, § 43. 



May arrest 
without 
warrant. 
1880, 270, § 8. 
1893, lO.'i. 
1897,288, § 1. 
R. L. 91, § 4. 
1905, 407. 
1910,57.5. § 1. 
1912. 4115. § 1 
191.-5, 250. 



Section 5. The director, wardens, deputies, state police and all 
officers qualified to serve criminal process may arrest without a warrant 
any person found violating any of the fish or game laws, except that 
persons engaged in the business of regularly dealing in the buying and 
selling of game as an article of commerce shall not be so arrested for 
ha\'ing in possession or selling game at tlieir usual place of business. 

1919. 350, §§ 43, 102. 158 Mass. 149. 193 M.iss. 280. Op. A. G. (1920) 215. 



Search nia.v 
be made for 
fisli or game 
illeffallv taken 
1904, 3l'i7. § 1. 
1910, .54S; 
575, § 1 
1912,40 
1913, 2.50. 
1919. 350, 
§102. 
203 Mass. 
Op. A. G. 
(1920) 177 



R5. 5 1. 



Ifi. 



Section (3. The director, a warden, deputy or state police officer, 1 

may, without a warrant, search any boat, car, box, locker, crate or 2 

package, and any building, where he has reason to believe any game or 3 

fish unlawfully taken or held mn\ be found, and may seize any game 4 

or fisli so taken or held, which shall be disposed of in such manner as the 5 

director deems for the best interests of the commonwealth; provided, 6 

that this section shall not authorize entering a dwelling house, or apply 7 

to game or fish passing through this commonwealth under authority of 8 

the laws of the United States. 9 



Searcli 
warrants. 
1904, 3IJ7, § 2. 



Section 7. A court or justice authorized to issue warrants in crim- 1 

inal cases shall, upon a sworn complaint that the complainant believes 2 

that any game or fish unlawfully taken or held is concealed in a par- 3 

ticular place, other than a dwelling house, if satisfied that there is rea- 4 

sonable cause for such belief, issue a warrant to search therefor. Tlie 5 

warrant shall designate and describe the place to be searched and the G 

articles for which search is to be made, and shall be directed to any 7 

officer named in the preceding section commanding liim to search the 8 

place where the game or fish for whicli he is recjuired to search is believed 9 



to be concealed, and to seize such game or fish. 



10 



C'[IAP. loO.] POWERS, ETC., (IF DRISION OF FISHERIES AND GAME. 1315 

1 Section 8. The director or a warden may request any person whom Persons 

2 he reasonably believes to be engaged in unlawfully taking, killing, hunt- etc.'.°bi'rds!'efc.. 

3 ing or snaring fish, birds or animals to forthwith display for inspection 'orlnTpec^tion™' 

4 all fish, birds and animals then in his possession; and said director or }a?ol75 § i 

5 warden may arrest without warrant a person refusing to comply \\ith JjjJ^. ^ss, § i. 

6 such request. i9i9, soo, § 43. 203 Wass. sie. 

1 Section 9. The director, a warden or deputy may arrest without Duties in 

2 a warrant any person found unlawfully setting a fire and may require foresTfires, 

3 assistance according to section ten of chapter forty-eight. They shall 1907.299; 

4 take precautions to prevent the progress of forest fires, or the improper {afo^sys 5 j 

5 kindling thereof, and upon the discovery of any such fire shall imme- j^}^' ^|| | ^ 
G diately summon the necessary assistance, and notify the local forest 1013! 250! 

7 \\arden. The warden and deputies shall report to the state fire warden 

8 monthly their doings under this section; they shall report to him the 

9 situation and extent of any forest fire occurring within their respective 
10 districts. 

1 Section 10. The director may de.stroy from time to time license Certain oU 



o 



books, stubs, licenses and license blanks, after the same have been nmy b™ '^ 

3 properly audited by the state auditor, and also old examination papers, i913,°2B9.' 

4 old applications for himters' licenses, old applications for fish, quadru- 

5 peds and birds, and such other like documents as the director deems 
G advisable, after the same have been noted on the official records. 



may- 
investigate as 



1 Section 11. The director may investigate questions relating to fish, Dircetor 

2 fisheries or game, and may, personally or by assistants, institute and to^Shlfnes 

3 conduct inquiries pertaining to such questions. 1902. its. '""' ^''""'' 

1 Section 12. Whoever \\ ilfidly and without right enters in or upon Penalty lor 

2 an\- building or other structure or any area of land or water set apart ™thou't'right, 

3 and used by or under authority of the director for conducting scientific et^'.'fS by 

4 experiments or investigations after the director has caused printed 'j^ seleSfe 

5 notices of such occupation and use and the purposes thereof to be placed ''"„«?'''r,'l*'°"^- 

6 in a conspicuous position adjacent to any such areas of land or water 

7 or upon any such building or other structure, and whoever wilfully and 

8 maliciously injmes or defaces any such building or other structure or 

9 any notice posted as aforesaid, or injures or destroys any property used 

10 in such experiments or investigations, or otherwise interferes therewith, 

1 1 shall be punished by a fine of not more than two hundred dollars or by 

12 imprisonment for not more than six months. The director, wardens 
l-'J and deputies may arrest without warrant any person found violating 
14 any provision of this section. 

1 Section 13. All fines, penalties and forfeitures recovered in prosecu- Disposition 

2 tions under the laws relative to fisheries or to birds, animals and game, finer'etc" 

3 except as provided in section ninety-nine, shall be equally divided be- H^] }°x- ^ ^^ 

4 tween the county where such prosecution is made and the common- ^^j %^i7, 

5 wealth; provided, that if the prosecuting officer is a warden receiving ||jj'3S4'|33 
G compensation from the commonwealth, such fines, penalties and for- 'So'ijjg'l^, 
7 feitures shall be paid to the commonwealth. isso, ei, § 3. 



1881, 276. § 3. 




1890, 390. 




190.5, 44,-1. 




1912, 465, § 1. 


P. S. 91. §§Sd, 


104; 


1.S9S. 20."S. 




1907, 300. 




1913, 250. 


92. § 11. 




1899, .jlJO. 




1908, 330. 




108 Mass. 139. 


18811, 2715, § 9. 




R l.,91,§137i 


; 92, §20. 


1910, 575, 


§1. 


Op. A. G. (1920) 87. 



1316 



FISHERIES. 



[Chap. 130. 



FISHING LAW. 

SlTfish "^^ Section 14. The director may take fish at any time or in any manner 1 
cuUure, eto ^^^ puTposes Connected with fish cultm-e or scientific observation. 2 

ISfiS, 130, § 3; 1809, 76, § 2; P. S. 91, § 20, 

179, § 2. 384, § 5. R. L. 91, § U. 



Stocking 
brooks witii 
food fish. 
1900, 284. 
R. L. 91, 5 5. 



Section 15. If the owner of land where a brook is wliolly or partly 
situated agrees that such brook or part thereof shall be open to the 
public after the expiration of three years as hereinafter provided, the 
director may, upon petition of thirty or more inhabitants of a town 
where such brook is wholly or partly situated, including such owner, or 
upon petition of the aldermen or selectmen and such owner, cause such 
brook to be stocked with food fish; and shall then make reasonable 7 
regulations, to be in force for not more than three years, relative to 8 
fishing in such brook, may fix penalties of not more than twenty dol- 9 
lars for each violation thereof and shall cause such regulations to be 10 
enforced. 11 



Discharge of 
waste material 
into certain 
streams pro- 
liibited. 
1890, 129. 
R. L. 91, § 8. 
1901), 350. 
1910, 460. 
1919, 350, § 40. 
189 Mass. 247. 
211 Mass. 10, 



Section 16. If the commissioner of conservation determines that the 
fisheries of any brook or stream may be of sufficient value to warrant the 
prohibition or regulation of the discharge or escape of sawdust, shav- 
ings, garbage, ashes, acids, sewage, dyestuffs, and other waste material 
from any particular sawmill, mamifactm-ing or mechanical plant, or dwell- 
ing house, stable or other building, which may, directly or indirectly, 
materially injm-e such fisheries, he may by a written order to the owner or 
tenant thereof prohibit or regulate the discharge or escape therefrom of 
sawdust, Kha\-ings, garbage, ashes, acids, sewage, dyestulTs, and other 
waste material into such brook or stream. Such order may be revoked 
or modified by him at any time. Before any such order is made the <li- 
rector shall, after rea.sonable notice to all parties hi interest, give a public 
hearing in the county where the sawmill, manufacturing or mechanical 
plant, dwelling house, stable or other building to be affected by the order 
is located, at wliich hearing any citizen shall be heard. Upon petition 
of any party aggrieved by such order, filed within six months after its 
date, the superior court may, in equity, after such notice as it deems 
sufficient, hear all interested parties and annul, alter or affirm the order. 
If such petition is filed by the party aggriesed within ten days after the 
date of said order, it shall not take effect until altered or affirmed as afore- 
said. Whoever, having so been notified, discharges sawdust, shavings, 
garbage, ashes, acids, sewage, dyestuffs, or other waste material, or suf- 
fers or permits it to be discharged or to escape from said plant under 
liis control into a brook or stream in violation of the order of the di- 
rector, or of said court, it an appeal is taken, shall, for a first offence, be 
punished by a fine of not more than twenty-five dollars and for a subse- 
quent offence by a fine of fifty dollars. 



(3 
7 
8 
9 
10 
11 
12 
1,3 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 



Director may 
examine dams, 
make and 
serve orders. 
Courts may 
enforce orders. 
1735-6, 21, 
§§ 1,2. 
1741-2, 10, 
§§ 1,2,5. 
1743-4, 26. 
1745-6, 20, 
K 1,2, 5. 



Section 17. The commissioner of conservation may examine all dams 1 

upon rivers where the law requires fish ways to be maintained, or where 2 

in his judgment fish ways are needed, and he shall determine whether 3 

the fish ways, if any, are suitable and sufficient for the passage of the fish 4 

in such rivers, or whether a fish way is needed for the passage of fish over 5 

any dam; and shall prescribe by written order what changes or re- 6 

pairs, if any, shall be made therein, and where, how and when a new fish 7 



Chap. I'M).] fisheries. 1317 

S way must be built, and at what times the same shall be kept open, and j|ii~ivi*§ 4"" 
9 shall serve a copy of such oriler upon the owners of the dams. A cer- Jf''|'P^' 

10 tificate of the commissioner that service has been so made shall be suf- isef, 344, § 1. 

11 ficient proof thereof. The supreme judicial or superior coiu-t shall, on p.'s.'qi, 

12 petition of the director, have jurisdiction in equity or otherwise to en- iggg, los. 

13 force any such order and to restrain any violation thereof. 1*5 9_i®J' 

1904, 365. 1919, 350, §§ 40, 43. 104 Mass. 446. 

1 ' Section IS. Any owner of such a dam who refuses or neglects to Penalty for 

2 keep open or maintain a fish way at the times prescribed by the director fi°h way'open. 

3 shall forfeit fifty dollars for each day of such refusal or neglect. Ifht ^^' 

1741-2, 16, §§ 1, 3. 1867,344, §2. 1919, 350. § 43. 

1745-6,20,14. P. S. 91, §6. 5 Pick. 199. 

1811, 175, § 4. R. L. 91, § 11. 10 Pick. 383. 
1866, 238, § 15. 

1 Section 19. If the director deems that a passage for edible fish should P^j[f|*^J^"^^y^ 

2 be provided or if he finds that there is no fish way or an insufficient fish ff^^^ 21 ? 2 

3 way in or around a dam where a fish way is required by law to be main- 1741-2! in! § 4. 

4 tained, he may enter with %\orkmen and materials upon the premises of isu, iVs, § 4. 

5 the person required to maintain a fish way there and may, at the expense §§ 7's. 12. 

6 of the commonwealth, if in his opinion the per,son required by law to \l%[ |^' ^ ^• 

7 construct or maintain such fish way is unable to afford such expense, ^9(^' |4:j^ ^■ 

8 improve an existing fish way, or cause one to be constructed if none J'gia' I55 ^s'js 

9 exists, and may, if necessary, take the land of any other person who is 

10 not obliged by law to maintain said fish way; and if a fish way has 

11 been constructed in accordance with this section, he shall not require 

12 the owner of the dam to alter such fish way within five years after its 

13 completion. 

1 Section 20. All damages caused by taking land under the preceding Compensation 

2 section shall, upon the application of either party, be recovered from taken" 

3 the commonwealth under chapter seventy-nine. The amount so recov- jfy,'!.^*' 

4 ered shall be a charge against the person required by law to construct p**s.'9^i^i8.*' 

5 and maintain such fish way and shall be recovered in contract in the ^- ^- ^i' 5 1^. 

6 name of the commonwealth, with costs and with interest at the rate of 

7 twelve per cent per annum. 

1 Section 21. The commissioner of conservation may screen such screening 

2 ponds and rivers of the commonwealth not used as sources of water supply mere."" 

3 by towns as he deems necessary for the protection of fish therein. This ^®" ' 

4 section shall not affect any right existing on April thirtieth, nineteen 

5 hundred and twenty, to use such waters for mercantile or manufacturing 

6 purposes. 



1 Section 22. The director ma^•, in the performance of his duties, enter Director may 

^ 1 J 1 1 ^ • ^ enter on 

-' upon and pass through or over prnate property. is69, 384, § a. und, etc. 

P. S. 91, 5 9. R. L. 91, § 14 1919. 350, § 43. 

fishing license. 

1 Section 23. No person shall, except as provided in section three of gshTn staked 

2 chapter one hundred and thirty-one, fish in any of the inland waters of jg^i^l'lgg, 5 1. 

3 the commonwealth stocked by the director or his predecessors since Jan- p^^^,j 

4 uary first, nineteen hundred and ten, unless he has obtained a certificate chap. isi. § 14. 

5 of registration as required by said section. 



1318 



FISHERIES. 



[Chap. 130. 



Certain ponds 
public. 

B. L. 16. 

C. L. 90. § 2. 
1SI59, 384, § 8. 
P. S. 91. § 11. 
R. L. 91, § 15. 



FISHERIES IN GREAT PONDS. 

Section 24. The fishery of a pond, the area of which is more than 
twenty acres, shall be public, except as hereinafter provided; and all 
persons shall, for the purpose of fishing, be allowed reasonable means 
of access thereto. 

7 .\llen, 158. 170 Mass. 509. 2 Op. A. G. 239. Op. A. G. (1920) 233. 



Director may 
control certain 
ponds. 

18C,9, 384, § 9. 
1876, 62, § 1. 
P. S. 91. 
5§ 12, 17. 
1886, 248, § 2. 
R. L. 91, 5 ii;. 
1919, 350, § 43. 
108 Mass. 441. 
110 Mass. 175. 
119 Mass. 300. 
146 Mass. 5. 



Section 25. The director may occupy, manage and control not 1 

more than six great ponds, except such as have revested in the common- 2 

wealth for breach of the terms and conditions of any lease thereof, for '■] 

the purpose of cultivating useful fish and of distributing them \\ithin the 4 

commonwealth; and may occupy not more than one tenth part thereof 'i 

with enclosures and appliances for such cultivation; but this privilege 6 

shall not affect any public rights to such ponds, other than the right of 7 

fishing, and the appliances and enclosures shall be so placed as not to S 

debar ingress to or egress from such ponds at proper places. 9 



Notices of 
such occupa- 
tion. 

1876, 62, § 2. 
P. S. 91, § 18. 
R. L. 91, J 17. 

1918, 257, 
§ 315. 

1919, 5; 350, 
5 43. 

1920, 2. 



Section 26. If the director determines so to occupy and improve any 1 

such pond, he shall post a notice of such purpose in a public place in the 2 

towns where said pond is situated and file a like notice in the office of the 3 

clerk of each of said towns and in the office of the state secretary. The 4 

affidavit of an officer qualified to serve civil process that such notice has 5 

been posted shall be deemed full proof thereof. 6 



Penalty. 
1876, 62, I 3. 
P.S. 91.§ 19. 
R. L. 91, § IS. 



Section 27. After such notice has been so filed and posted, any 
violation of any of the rights of said director under section twenty-five 
shall for a first offence be punished by a fine of not less than one nor 
more than twenty dollars and for each subsequent offence by a fine of 
not less than five nor more than fifty dollars. 



Stocking pond 
with food 
fish. 

1897, 208. 
R. L. 91, § 19. 
1903. 274. 
1907, 308. 
1911,285, 
"": 1,2. 



223, 552. 



Section 28. The director, on petition of the aldermen of a city or 1 

the selectmen of a town where a great pond or a part thereof is situated, 2 

shall cause the pond to be stocked with such food fish as he judges best 3 

suited to the waters thereof; provided, that a public hearing upon the 4 

matter has previously been given within such city or town by the mayor 5 

2 Op. a!°g.^ *^' and aldermen, or by the selectmen, notice of which, at least ten days 6 

before the day of the hearing, has been posted in three or more public 7 

places and published in a newspaper in such city or town where the pond S 

is situated. If a town at a meeting has instructed the selectmen to file 9 

such petition, such hearing need not be given. When a great pond is not 10 

situated wholly within a city or town, the director shall not proceed under 1 1 

this section with respect to that pond, unless a majority of the cities and 12 

towns bordermg upon that pond have filed petitions as aforesaid. The 13 

director sliall thereupon prescribe for a period not exceeding three years, 14 

and enforce such reasonable regulations relative to fishing in the pond 1.5 

and its tributaries, with such penalties not exceeding twenty dollars for 1(1 

each offence, as he deems for the public interest; but this section shall 17 

not apply to ponds used as sources of public water supply. The director IS 

may restock such ponds and may extend such reasonable regulations 19 

for periods not exceeding three years each whenever he receives a petition 20 

therefor as herein provided. 21 



Chap. 130.] fisheries. 1319 

1 Section 29. The director may occupy and control ]Mill pond, in ^{^'''nE'"; 

2 Yarmouth, for tlie purpose of culti\'atin,<; food fish for distribution within isso. io7. 

3 the commonwealth. Whoever, without his written consent, fishes in •■'■-• 

4 said pond in any other manner than by angling, shall for a first offence 

5 be punished by a fine of not less than fifty nor more than two hundred 

6 dollars, and for a subsequent ofi'ence by a fine of not less than one hundred 

7 nor more tlian two hundred dollars. 

1 Section 30. The countv commissioners shall, in July, upon the county 

, ' „ I • • i I • *j. i 1 • commissioners 

2 request and at the expense t)t any persons clannmg to be niterested m a to measure 

3 great pond, cause a measurement thereof to be made which shall be fseg^ss", s n. 

4 recorded in the office of the city or town clerk of each city or town within ^ l. m',\^2i. 

5 the limits of which any part of such pond is situated; and no arm or ^^j^*,;^^^' 

6 branch shall be included as a part of a pond unless it is at least fifty feet i9i9. 5- 

7 in width and one foot in depth. 1920, 2. 

1 Section 31. The selectmen of a town may measure ponds which are .Selectmen may 

2 wholly within their town, in the manner pro\'ided in the preceding sec- certain pon.is. 

3 tion, and such measurement shall be recorded in the office of the town p.s/91, §22. 

4 clerk. R- l- 9i. § 22. 

1 Section 32. The riparian proprietors of any pond, other than a Exclusive 

2 great pond, and the proprietors of any pond or parts of a pond created npaHan" 

3 by artificial flowing shall have exclusive control of the fisheries therein. i8H9,'^3S4, 

p. S. 91, §10. R. L. 91,§23. 119 Mass. 300. §§".12. 

1 Section 33. A pond other than a great pond, bounded in part by land ^("^^"jlf^^i"" 

2 belonging to the commonwealth or to a countv, city or town shall be- S"y^, . ,,, 

,,. p, , '. ir»i* loo9. 384, § 13, 

3 come the exclusive property of the other proprietors as to the nshenes p. s. 91, § 23 

4 therein only upon payment to the state treasurer, or county, city or i9i8!25'7. 

5 town treasurer of a just compensation for their respective rights therein, loiV/s, 

6 to be determined by three arbitrators, of whom one shall be appointed by ^^^°' - 

7 the director, one shall be an individual riparian proprietor of said pond, 

8 or an officer of a corporation which is such proprietor, and one shall be 

9 the chairman of the comity commissioners of tlie county where the pond, 

10 or the largest part of the area thereof, is situated, if the riparian pro- 

11 prietors include the commonwealth, or one or more counties, or two or 

12 more cities or towns, or one or more cities and one or more towns, or the 

13 mayor or chairman of the board of selectmen, respectively, if one city, 

14 or one town, is such proprietor. 

1 Section 34. Whoever, without the written consent of the proprietor Penalty for 

2 or lessee of a natural pond, not a great pond, or of an artificial pond of certain ponds. 

3 any size, where fish are lawfully cultivated or maintained, takes any §§'i,'2. ' 

4 fish therefrom, shall be punished by a fine of not more than twenty-five i?'>?'9i'/i 24. 

5 dollars. r. L.91, §25. 

1 Section 35. Except as provided in chapter two hundred and thirty- use of nets 

2 two of the acts of nineteen hundred and four and in sections sixty-nine regulated. 

3 and seventy-three, whoever draws, sets, stretches or uses a drag net, §5 i.'s. ' 

4 set net, purse net, seine or trawl, or whoever sets or uses more than ten J903; 294^ '''' 

5 hooks for fishing, in any pond, or aids in so doing, shall be punished by a J^^f/ |°y^ ^ ,. 

6 fine of not less than twenty nor more than fifty dollars. This section 191S.257, §318. 



1320 



FISHERIES. 



[Chap. 130. 



1919,5. 
1920, 2. 

Additional 
penalty. § 76. 



shall not affect any rights conferred by section thirty -two or the corporate 7 
rights of any fishing company and shall not apply to a person taking 8 
fish other than shiners by means of the apparatus described in section 9 
seventj'-five if such other fish are immediately returned alive to the 10 



water. 



11 



Enclosure of 

unnavigable 

streams. 

1869, 384, § 16. 

P. S. 91. § 25. 

R.L. 91, §27. 



CONTROL OF FISHERIES BY RIP.\RIAN PROPRIETORS. 

Section 36. A riparian proprietor of an unnavigable stream may, 1 

within the limits of his own premises, enclose the waters thereof for the 2 

cultivation of useful fish if he furnishes a suitable passage for migratory 3 

fish naturally frequenting such waters. 4 



Ownership 
of fish 
artificially 
propagated. 
1869, 384, 
§§ 18, 20. 
P. S. 91, § 20. 
R. L. 91, § 28. 



Section 37. Fish artificially propagated or maintained shall be the 
property of the person propagating or maintaining them. A person 
legally engaged in their cultm-e and maintenance may take them in his 
ovm waters at pleasure, and may haxe them in his possession for pur- 
poses properly connected with said culture and maintenance, and may 
at all times sell them for these piu-poses, but shall not sell them for food 
at seasons when their capture is prohibited. 



Penalty for 
fishing where 
fish are arti- 
ficially propa- 
gated. 

1869, 384, § 19. 
P. S. 91, § 27. 



Section 38. Whoever, without the permission of the proprietors, 1 

fishes in that portion of a pond, stream or other water where fish are law- 2 

fully cultivated or maintained shall be subject to the penalties provided 3 

in section twentv-seven. R. l. 9i, § 29. 4 



108 Mass, 441. 
110 Mass. 175. 



119 Mass. 300. 

130 Mass. 469. 

Additional penalty, § 76. 



142 Mass. 71. 
162 Mass. 219. 



Definition 
of navigable 
streams. 
1869, 384, I 14. 
P. S. 91, § 28. 
U. L. 91, § 30. 



Section 39. For the piu-poses of this chapter, no tidal stream shall 1 

be considered navigable above the point where, on the average tlu-oughout 2 

the year, it has a channel less than forty feet wide and four feet deep 3 

during the three hours nearest the hoiu- of high tide. 4 



Governor 
may define 
tidal bounds 
and mouths 
of streams. 
1869, 384. 8 17. 
P. S. 91, § 29. 



Section 40. The governor, with the advice and consent of the 1 

council, may, for the purposes of this chapter, arbitrarily fix and define 2 

the tidal bounds and mouths of streams upon recommendation of the 3 

director. R. l. 9i, § 3i. 4 



Governor 
may limit 
fishing in 
certain waters. 
Penalty. 
1869, 3"84, § 15. 
P. S. 91, § 30. 
R. L. 91, § 32. 

Additional 
penalty, § 76. 



Section 41. The governor may, in like manner, limit or prohibit, 
for not more than five years at any one time, fishing in the navigable 
tidal waters and in the unnavigable waters of specified streams, except 
in such portions as may be enclosed as provided in section thirty-six; 
and whoever fishes in streams where the right of fishing is thus limited 
or prohibited shall for the first offence be punished by a fine of ten dol- 
lars, and for a subsequent offence by a fine of fifty dollars. 



Owners of 

certain streanis 
to control 
fisheries. 
1871, 281, § 2. 
P. S. 91, § 31. 
1890, 231. 
R. L. 91, §33. 
119 Mass. 526. 

Additional 
penalty. § 76. 



Section 42. The riparian proprietor on an unnavigable tidal stream, 1 

enclosed or unenclosed, in which fish are lawfully cultivated or main- 2 

tained shall have the control of the fishery thereof within his owii prem- 3 

ises and opposite thereto to the middle of the stream, and a riparian 4 

proprietor at the mouth of such stream shall also have control of the 5 

fishery thereof beyond and around the mouth of the stream so far as 6 

the tide ebbs, if it does not ebb more than eighty rods; and wlioever 7 



Chap. 130.] fisheries. " 1321 

S fishes within these hmits without permission of the owner shall be sub- 
9 ject to the penalties provided in section twenty-seven. 

1 Section 43. Whoever uses a sweep seine or combination of sweep Fishing with 

2 seines in such a manner as at an\- moment to close or seriously obstruct isegfs'lirpa. 

3 more than two thirds of the wi<lth of a stream at the place where used, K^'gi^'jl^ 

4 or delays or stops in paying out or hauling a sweep seine, or hauls a sweep ^^\ gi^j^sl: 

5 seine within one half mile of a point where such seine has been hauled Additional 

6 within an hoiu-, shall for a first offence be piu;ished by a fine of twenty- penalty, § 76. 

7 hve dollars and for a subsequent offence by a fine of fifty dollars; but this 

8 section shall not apply to seines lawfully used in the smelt fisheries, or 

9 to the fisheries for shad or alewives in the Taunton Great river, or to the 
10 fisheries in Noj'th river in Plymouth county. 

HERRING, .\LEWIVES AND SHAD. 

1 Section 44. A town may open ditches, sluiceways or canals into Towns nmy 

2 any pond within its limits for the introduction and propagation of herring etc^^to'creats 

3 or alewives, and for the creation of fisheries for the same; and may take fiSenfa. 

4 by eminent domain land within its limits for such ditches, sluicewaj^s p*s''9i^''| H; 

5 or canals. r. l. 9i,§34. lOTMass. iis, 

1 Section 45. A town creating such fishery shall own it, may make Towns shaii 

2 regulations concerning it and may lease it for not more than five years, fish"rie3. 

3 on terms agreed upon. A town may lease for a like period, and on like p^s!'9i*^§ It' 

4 terms, any fishery owiied by it or any public fishery regulated and con- ^- ^- ^^' ^ ^^■ 

5 trolled by it. 

1 Section 46. Whoever takes, kills or hauls on shore any herring or Penalty for 

2 alewives in a fishery created by a town, without its permission or that of fishenes"wkh- 

3 its lessees, or in a fishery created by a corporation, without the permission isG(ri87?'"°° 

4 of such corporation, shall be piuiished by a fine of not less than five nor p^l'gi^ 

5 more than fifty dollars. Prosecutions under this section shall be com- ^ ^'gi'i sg 

6 menced within thirty days after the commission of the offence. 

1 Section 47. The three preceding sections shall not impair the rights Rishts under 

contracts etc 

2 of any person under any law passed before AprU twenty-fifth, eighteen not affected. ' 

3 hundred and sixty-six, or under any contract then existing, or authorize p. s!'9i. § 67.' 

4 a town to enter upon or build canals or sluiceways into a pond which is ' ®^ 

5 pri^•ate property. 

1 Section 48. Whoever takes shad or alewives, except in the Con- P™a'ty for 

2 necticut, Taunton Great, Nemasket and Merrimack rivers and their tribu- of si.ad or 

3 taries in any other manner than by angling on Sunday, Tuesday or Thurs- i-sV-s^si, § i. 

4 day and whoever between June fifteenth and March first takes shad, 5§''i'~f6.^n. 

5 except in the Connecticut and Merrimack rivers, or alewives, shall forfeit |§f4^^||' 

for each shad five dollars, and for each alewife twenty-five cents. i^^i' ^s^- 

p. S. 91, § 55. 1S95, 88. § 2. R. L. 91, § 42. Additional penalty, § 76. 

TROUT. 

1 Section 49. No person shall at any time buy or sell or offer for sale Provisions as 

2 a trout taken or held in possession contrary to this cliapter, or take or or sale of 

3 have in possession trout between August first in any year and April i862, loi 



1322 



FISHERIES. 



[Chap. 130. 



1866, 24(1, 
H 1.3. 
1869, 384, 
1874. 181). 
1876, 221. 
1880, 86. 



fifteenth of the year following; or ha^•e in possession at any time a trout 4 

less than six inches m length, unless taken by a person la\^'fully fishing, 5 

and immediately returned alive to the water whence it was taken. 6 

i 51, 53. 



P. S. 91. § 
1S84, 171. 
1888, 276. 

1890, 193. 

1891, 138. 

1892, 252. 
1895, 277, I 



1901, 121; 142. 
E. L. 91, §§ 62-64. 

1902, 137; 544, § 11. 

1905, 190. 

1906, 263; 314, §§ 1, 2. 
1909, 377, §§ 1, 4. 



1910, 469. 

1916, 25. 

1918, 30, |§ 1. 6, 

160 Mass. 157. 

164 Mass. 477. 

Op. A. G. (1920) 107 



Provisions as 
<o fishing for 
trout. 
R. S. 55, 
§§ 2. 3. 



Section 50. It shall be unla'u-ful to take trout other than by angling, 
or at any other time than between one hour before sunrise and two 
hours after sunset. is57, 30. i859, loe. g. s. 83, 5 2. 



1869, 384, § 28. 
1874, 186. 
P. S. 91, §§ 49.51. 
R. L. 91, §§ 61, 62. 



1906, 314, § 1. 

1909, 377, |§ 1, 4. 

1910, 469. 
1917, 188, I 1. 



1918,30, §§2,6; 
257, §319. 

1919. 5. 

1920, 2. 



Limit of catch. 

1917, 188, § 1. 

1918, 30, 
51 3, 6. 



Section 51. No person shall in any one day take a total of more 
than twenty-five trout of any or all species, and when two or more per- 
sons are angling from the same boat or raft they shall take for a like period 
not more in the aggregate than thirty trout. 



Artificially 
propagated 
trout. 
License. 
1895. 277, § 1. 

1901, 121. 
R. L. 91, 
§§ 64, 66. 

1902, 544, § 11. 



Section 52. Upon written application to the director, permission 1 

may be granted to any person to buy and sell or have in possession, at 2 

any season of the year, trout artificially propagated and maintained, 3 

imder such rules and regulations, approved by the governor and council, i 

as may be made by the director. i905, 190. 5 

1907, 296. 1909, 377, §§ 2, 4. 191.8. 30, §§ 4, 6. 1919, 350, § 43. 



Penalty. 
R. S. 55, 
5§ 2, 4. 
G. S. 83, 
§§2,3. 
18.57, 30. 
1866,249, 
1869, 384, 
1874, 186. 
1876, 221, 
§11,2. 



§ 1. 
§ 28. 



Section 53. Violation of any provision of the four preceding sections, 
or any rule or regulation made under the preceding section, shall be pun- 
ished by a fine of not less than ten nor more than twenty-five dollars, 
and the director may, in case of a ^•iolation of any rule or regulation 
made by him, suspend or revoke any license or permit granted under 
authority of the preceding section. p. s. 49, §§ so, 51, 53. 

4. 



1890, 193. 

1891, 138. 
1895, 277, § 2. 
1901, 121; 142. 



R. L. 91. §§ 62-64. 
1902, 137; 544, § 11. 

1905, 190. 

1906, 314, §§ 1. 2. 



1909, 377, §§ 3, 

1917, 188, § 2. 

1918, 30. §§ 5, 6. 

1919, 350, § 43. 



Establishing 

rearing 

stations 

for trout in 

certain 

counties. 

1917, 228. 



Section 54. The director may establish and maintain one or more 
rearing stations, situated at such places, within the counties of Hamp- 
shire, Franklin and Berkshire as he may select, for the piu-pose of rearing 
to fingerling size the surplus trout fry produced by fish hatcheries. 

1919, 350, § 43. 



Trout and 
spawn, con- 
ditions of 
furnishing. 
1S93, 59. 
R. L. 91, § 65. 



Section 55. No person shall be pro\ided by the commonwealth with 1 

trout or trout spawn to stock waters owned or leased by him or under liis 2 

control unless he first agrees in wTiting with the director that waters so 3 

stocked shall be free for the public to lawfidly fish therein. 4 



SALMON. 

to°m^'freg" Section 56. The commissioner of conservation may make, with the 
lations for approval of the governor and council, such rules and regulations as he may 

taking salmon. t't' , . "„ , , . „ . ,. i • ^i • j 

1869, 384 § 27. deem expedient for the taking of any species oi salmon in the rivers and 
R. L. 9i, § 58. coastal waters and great ponds of the commonwealth and in any pri\'ate 



Chap. 130.] fisheries. 1323 

5 waters which have been stocked by the commonwealth under an agree- i909, 377, 

6 ment with the owner. The commissioner shall conspicuously post such isid, 469, § 1. 

7 rules and regulations on the shores of such inland ponds or waters and ||^i'*.'4*' 

8 shall file with the town clerks of the towns which border on such ponds §§^i%^,^®' 

9 or waters a copy thereof for public inspection. Whoever violates said 

10 rules and regulations shall be punished by a fine of not less than twenty 

11 nor more than fifty dollars. 

1 Section 57. The director shall, dm-ing April, May and June, for the Protection of 

2 better protection of salmon fry in the Merrimack river, cause wire screens IsM^iisi*'' 

3 to be erected and maintained at the entrance of the canals in Lowell and ^gjg- 350,^^43. 

4 Lawrence at the expense of the companies owning and operating said 

5 canals. 

pickerel. 

1 Section 58. No person shall take pickerel between March first and ciose reason 

2 May first in any year, or, diuing said period, sell or ofi'er or expose for 1912, 110. 

3 sale or have in possession a pickerel taken in this commonwealth. Who- 

4 ever violates any provision of this section shall be punished by a fine 

5 of not more than ten dollars. The possession of a pickerel during said 

6 period shall be prima facie evidence of such unlawful taking. 

1 Section 59. Whoever takes from the waters of the commonwealth Taking, etc., 

2 a pickerel less than ten inches in length, or sells or offers for sale, or has Pen'a'it'y'^ 

3 in possession any such pickerel, shall be punished by a fine of one dollar ^^f[ }^^-^ 57 

4 for each pickerel so taken, held in possession, sold or offered for sale; JgJ^'g"^' 

5 and in prosecutions under this section the possession of pickerel less than 

6 ten inches in length shall be prima facie evidence of such unlawful taking. 

1 Section 60. A town may by by-law forbid the taking of pickerel in Takins, etc., 

2 any river, stream or pond therein in any other manner than by angling, may be regu- 

3 and may provide a suitable penalty for its violation. " '^ "' 

1822, 21. G. S. 83, § 2. R. L. 91. § 68. 

1824. 127. P. S. 91, § 48. 1904, 3M. 

R. S. 55, § 2. 1888, 331. 1905, 417, | 1. 



WHITE PERCH. 

1 Section 61. No person shall take from waters stocked by the director Restrictions on 

2 or his predecessors with white perch any white perch otherwise than by white perch. 

3 angling or less than seven inches long or ha\'e the same in possession nor igj's. 54'. 

4 shall he take therefrom a total of more than ten pounds in any day, i^i'''-"- 

5 except that if the last fish caught increases the total weight of the fish 

6 caught to more than ten pounds, the last fish so taken may be kept; 

7 provided, that when two or more persons are angling from the same 

8 boat or raft they shall not take more in the aggregate than fifteen 

9 pounds, except that if the last fish caught increases the total weight of 

10 the fish caught by such persons to more than fifteen pounds, the last fish 

11 so taken may be kept. This section shall not ' apply to waters now or 

12 hereafter held under lease by the commonwealth or by the commissioner 

13 of twnservation. Violation of any provision of this section shall be pun- 

14 ished by a fine of not more than twenty-five dollars and five dollars adtli- 

15 tional for every fish so unlawfully taken or had in possession. 



1324 



FISHERIES. 



[Chap. 130. 



Possession of 
certain pike 
perch pro- 
hibited. 
Seizure with- 
out warrant, 
and sale. 
Penalty. 
1906, 179. 
1908, 488. 
1910, 575, § 1. 

1912, 465, I 1. 

1913, 250. 
1919, 350, § 43. 



PIKE PERCH. 

Section 62. No person shall have in possession any pike perch 1 
caught in that part of Lake Champlain or its tributaries known as INIissis- 2 
quoi bay, lying and being in the province of Quebec, or in the Richelieu 3 
ri\-er, which is the outlet of said lake, between February first and June 4 
first. The director, wardens and deputies may search for, seize., and con- 5 
fiscate, without a warrant, pike perch held in possession in violation of 6 
tliis section, and every other officer mentioned in section five shall with- 7 
out a warrant search for and seize pike perch so held in possession, and 8 
report the seizure to the director. The director shall authorize the sale 9 
of such fish; and the proceeds of such sale shall be paid to the common- 10 
wealth. Whoever violates this section shall be punished by a fine of 11 
fifty dollars, and ten dollars additional for each pike perch so unlaw- 12 
fully held in possession. 13 



Seining of 
pollock and 
spike 
mackerel. 
Penalty. 
1915, 49. 



POLLOCK AND MACKEREL. 

Section 63. No person shall seine in the harbors and rivers of the 
commonwealth pollock weighing less than three quarters of a pound, or 
spike mackerel weighing less than one quarter of a pound. Violation of 
any provision of this section shall be punished by a fine of not less than 
twenty-five nor more than fifty dollars or by imprisonment for not less 
than one nor more than two months, or both. 



Close season 
for black bass. 
Limit of 
length. 
1896, 229. 
R. L. 91, § 70. 
1912, 129, 
§§ 1,4. 



BL.\CK BASS. 

Section 64. No person shall take, sell, offer for sale, or have in pos- 
session a black bass or any part thereof between April first and June 
twentieth following, both dates inclusive, or at any time have in posses- 
sion a black bass less than eight inches in length unless such bass was 
taken by a person lawfully fishing and is immediately returned alive to 
the water whence it was taken. 



Granting, etc., 
of licenses for 
propagation, 
1912, 129. § 2. 
1919, 350. I 43. 



Section 65. Upon written application to the director, he may grant 
a license to any person to buy and sell or have in possession, at any 
season of the j-ear, black bass artificially propagated and maintained, 
imder rules and regulations made by him and approved by the go\'- 
ernor and c-ouucil. A license may be revoked by him. 



Section 66. ^\Tioever violates any provision of the two preceding 1 



Penalty. 
1896, 229. 

1912! 129, "■ sections shall be punished by a fine of not more than ten dollars for 2 
§§ 3, 4. p.jj^j^ ggj^ jjj respect to which the violation occurs. 3 



SMELTS. 



Penalty for 
selling, etc., 
smelts 
between 
certain dates. 
1874, 153, 
§§ 1,2. 
P. S. 91. § 57. 
1887, 105, § 2. 



Section 67. Whoever, between March fifteenth and June first, sells 1 

or offers or exposes for sale or has in his possession a smelt taken between 2 

said dates in the commonwealth, shall forfeit one dollar for every such 3 

smelt; and the possession of a smelt between said dates shall be prima 4 

facie evidence of ^•iolation of this section. is90, 3o. r. l. 9i, § 7i. 5 



ClIAI'. 1.'50.] FISHERIES. 1325 

1 Section 68. The director may permit the taking of smelt in great Permits to take 

.„, ., ,*. ■* , 11- 11 smelts in great 

2 ponds or the commonwealth, subject to rules and regulations made by ponds. 

3 him and approved by the governor and coimcil. Violation of any such 350] §43. 

4 rule or regulation shall be punished by a fine of not less than five dollars. 

1 Section 69. Except as provided in section seventy-three and in renaity for 

2 chapter tliree hundred and six of the acts of nineteen hundred and eleven, except ^Tth'^ 

3 whoever takes a smelt in any other manner than by angling shall forfeit i8,°s, nl'M- 

4 one dollar for each smelt so taken; and in all prosecutions inider this al^^i'^lf 

5 section the burden of proof shall be upon the defendant to show that jp?'???- 

6 smelts taken by him were legally caught. 1874, 153, 5 2. p. s. 91, § ss. 

R. L. 91, § 72. 108 Mass. 452. 151 Mass. GO. 153 Mass. 396. 

Additional penalty. § 76. 

1 Section 70. Sections sixty-seven and sixty-nine shall not apply to Prohibition 

2 smelts taken in a seine or net in Bristol, Barnstable, Nantucket or Dukes to certain 

3 county during the time and in the manner in which fishing is allowed for isag,"?!! '"°' 

4 perch, herring or alewives, nor to smelts lawfully taken under chapter H^f^ jjg; j o. 

5 tlu-ee hundred and six of the acts of nineteen hundred and eleven. ^g|j- ^^^^ ^'■'■ 

R. L. 91. §73. 

1 Section 71. Except as provided in chapter three hundred and six rseofnet, 

2 of the acts of nineteen hundred and eleven, no person shall set, draw, fo^citehing 

3 use or attempt to set, draw or use any net, seine, trap or device for catch- Boston'harbor. 

4 ing smelts, other than a naturally or artificially baited hook, in the fsis^'ioy'''''^' 

5 waters of Boston harbor, Hingham harbor. Weir river, Wevmouth Fore i823!4i. § i. 

„ . Tir .1 Ti 1 • XT '• /^i 1 ■■ T,r . 1884, 189, § 1. 

6 river, Vveymouth Back river, JNeponset rner, Charles river, JNlystic R. l. 9i, § 74. 

7 river, or in any co^'C, bay, inlet or tributary thereof; but this section 

8 shall not prohibit the use of traps for catching lobsters. 

1 Section 72. Possession of any net, seine, trap or device for catching Possession of 

2 fish, other than a naturally or artificially baited hook, in or upon said "a'^r'i'e\'vide''nce!* 

3 harbors, rivers or tributaries, or on the banks of the same, if adapted r*^l! gu'sVl 

4 to and apparently intended for the present catching of smelts, shall be 

5 deemed prima facie evidence of a violation of the provisions of the pre- 

6 ceding section, and the possession of any fresh smelts, not apparently 

7 caught by the use of a hook, in or upon said harbors, ri\-ers or tributaries, 

8 or on the banks of the same, after sunset or under other suspicious cir- 

9 cumstances, shall be, deemed prima facie evidence that said smelts were 

10 caught contrary to such provisions by the person in whose possession 

11 they are found. 

1 Section 73. Whoever violates any provision of section seventy-one Penalties. 

2 or receives smelts knowing or having reasonable cause to believe that the r*^l! 9i?'§y : 

3 same have been taken contrary to any pro^'ision of said section shall, Additional 

4 for a first oft'ence, be punished by a fine of not less than fifty nor more penalty, § 76. 

5 than two hundred dollars or by imprisonment for not less than six nor 

6 more than twelve months, or both, and, for a subsequent offence, by 

7 both said fine and imprisonment. 

1 Section 74. The director, warden, deputy, any member of the Searches; 

2 state police, sheriff, deputy sheriiT, police officer or constable, within his fibemng^of 

3 jurisdiction, may search for and seize, without warrant, any smelts which 5'^! 



property. 
'894. 1S9, 5 4. 



4 he has reason to suspect were taken contrary to any provision of section \f'l- ^-J^s, 

5 seventy-one, and the net, seine, trap or other device and the vessel, boat, i905,'407. 



1326 



FISHERIES. 



[Chap. 1:50. 



1912, 4(i5, ! 

1913, 250. 
1919, 350. 
§§ -13, 102. 



craft or other apparatus used in connection with such receiving, or other G 
violation of said section, and the cask, barrel or other vessel or wrapper 7 
containing said smelts. Said officer may libel said property according 8 
to law, or, at his discretion, sell the same or any part thereof at private 9 
sale or by public auction, and libel the net proceeds of such sale according 10 
to law, in the same manner and with the same eifect as if such proceeds 11 
were tlie property itself. 12 



shiners may 

be taken for 

bait. 

190G, 239, § 1. 



MISCELL.'USrEOUS PROVISIONS RELATIVE TO FISH. 

Section 75. Shiners may be taken for bait in any of the waters of 
the commonwealth by means of a circular or hoop net not exceeding six 
feet in diameter, or by means of a rectangular net other than a seine, con- 
taining not more than thirty-six square feet of net surface. 



Forfeiture of 
fish, boats and 
apparatus. 
1869, 384, 
§§ 15, 22. 
1871, 281, 
§1 1,2. 
P. S. 91. 
S§30,31,41,i;l. 
1884, 318, § 1. 
1890, 231. 
1894, 189, § 3. 
R. L. 91. 
I§ 78, 79. 



Section 76. Whoever takes any fish in violation of any provision of 1 

section thirty-five, thirty-eight, forty-one, forty-two, forty-eight or sixty- 2 

nine or violates any provision of section thirty-five, forty-two, seventy- 3 

three or one hundred and fifty, shall, in addition to the penalties therein 4 

provided, forfeit the boat and apparatus used, and whoever violates 5 

any provision of section thirty-five, forty-one or forty-three shall, in 6 

addition to the penalties therein provided, forfeit the fish taken and the 7 

apparatus used. This section shall not apply to fish taken in accordance 8 

with the preceding section. 9 



Keepers of fish 
markets, etc., 
to give in- 
formation of 
unlawful 
taking. 
Penalty. 
1869, 384, § 25. 
P. S. 91, § 62. 
R. L. 91, § SO. 



Section 77. Every superintendent, clerk or other person having 
charge of a market, provision store or other place where fish are sold, 
who has reasonable cause to believe that any fish taken in violation of 
law has been offered for sale on such premises, shall immediately give 
information thereof to a constable or trial justice in the town where 
said premises are situated; and for each neglect so to do shall be pun- 
ished by a fine of not less than five nor more than fifty dollars. 



Introduotion 
of fish into 
state waters. 
1911, 185. 



Section 78. Whoe\er puts in any of the public waters, or in any 
waters connecting therewith, any species of fish, or the roe, spawni or 
fry thereof, without having first secured the WTitten approval of the 
director, shall be pimished by a fine of not more than fifty dollars. 



Taking of 
scallops 
regulated. 
1887, 96, § 
1896, 268, 
R. L. 91, § 

1906, 288. 

1907, 297, i 

1909, 403, 
§5 1.4. 

1910, 177, 
S§ 1,5. 
1919,334; 
350, § 43. 



CERTAIN SHELLFISH AND EELS. 

Section 79. No person shall take from the flats or waters of the com- 1 
monwealth scallops other than adult scallops, or sell or offer for sale or 2 
have in possession such scallops so taken. For the purposes of this 3 
section an adult scallop shall be a scallop with a well defined raisetl 4 
annual growth line. Scallops taken from the tide waters of the common- 5 
wealth shall be culled when taken, and all scallops other than adult 6 
scallops shall immediately be returned alive to tide water which is at 7 
least tliree feet deep at mean low water; but it shall not be unlawful to 8 
sell or have in possession scallops other than adult scallops unavoidably 9 
left in the catch after it has been culled, to the amount of not more than 10 
five per cent of the total catch remaining. All scallops taken in accord- 1 1 
ance with this section shall be taken ashore in the shell. This and the 12 
following section shall not apply to seed and adult scallops carried by 13 
storm and tide from the natural beds and deposited on beaches and flats 14 



Chap. loO.] fisheries. 1327 

l.j where, in the opinion of the director, they cannot survive, but tlie taking 

16 and sale of the said seed and adult scallops may be authorized by him 

17 at any season of the year, subject to section eighty-four. The director 

18 shall prescribe rules and regulations governing the taking and sale of 

19 the said seed and adult scallops by special permits or otherwise, to pre- 

20 vent the sale of seed scallops at any time, or the sale of adult scallops 

21 betw^een April first and October first, except as authorized herein. 

1 Section SO. No person shall take scallops between April first and Skcn°berween 

2 October first from the flats or waters of the commonwealth, or buy or ^prii first and 

111* • n 111* -1 11 October first, 

.3 sell or have ui possession scallops so taken; but this section shall not etc. 

4 apply to the taking of scallops for bait in the waters adjacent to the isst^oo, '§ i. ' 

5 town of Nantucket from April first to May fifteenth, inclusive, nor shall isqo^Sus^ § i. 

6 the\- prohibit any person at any time from taking scallops by hand for ^^l; gj^j §3 

7 food for his own personal or family use. 

1908, 270, § 2. 1909, 403, §§ 2, 4. 1910, 177, §§ 2, 5. 

1 Section 81. No person shall take more than ten bushels of scallops Taking 

2 including shells in one day. i9io. 177, § 3. ^™'*^- 

1 Section 82. The provisions of the two preceding sections in respect Modification of 

^ 11 1 • 1 1 i> 11 close season, 

2 to the open and close season and m respect to the number or scallops etc 

.... 19'^0 139 

.3 that may be taken may be modified if, on petition of the aldermen or ' ' 

4 selectmen to the director, the director, after investigation, determines 

5 that, owing to unusual circumstances, such modification is expedient. 
() In that case, in his discretion, he may authorize, for a prescribed period, 
7 the aldermen or selectmen to issue permits to inhabitants of their re- 
S spective cities or towns to take scallops in such quantities and at such 
9 times as he deems expedient. 

1 Section S3. Whoever violates any provision of the four preceding Penalty. 

2 sections shall be punished by a fine of not more than twenty-fi\e dollars. Iss^ige"' *' 

3 Possession of scallops, other than adult scallops, except as is otherwise R^'^lg'i*' 

4 provided in section seventy-nine, shall be prima facie e\-idence that flos^'als 

5 such scallops were unlawfully taken. 1907, 297, 5 3. 

190S, 270, §1. 1909, 403, §§'3. 4. 1910, 177, §§ 4, 5. 



1 Section 84. The aldermen or selectmen, if so instructed by their City and town 

2 cities or towns, may, except as provided in sections seventy-nine to regulate 'the 

3 eighty-three, inclusive, control, regulate or prohibit the taking of eels, certain fish, etc. 

4 clams, quahaugs, razor fish, so called, and scallops within the same; }||?; 103; 

5 and maj^ grant permits prescribing the times and methods of taking eels Fils^pg 

G and such shellfisli within such cities and towns and make such other regu- Jg?' s^i- . 

7 lations in regard to said fisheries as they deem expedient. But an in- R.i- 91, '§ ss! 

• 1913517 

8 habitant of the commonwealth, without such permit, may take eels and igisiss." 

9 the shellfish above named for his own family use from the waters of his 174 Mass! 29! 

10 own or any other city or town, and may take from the waters of his 

11 own city or town any of such shellfish for bait, not exceeding three 

12 bushels, including shells, in any one day, subject to the general rules of 

13 the aldermen and selectmen, respectively, as to the times and methods 

14 of taking such fish; provided, that no person shall take scallops exceeding 

15 in quantity three bushels in any one week from the waters of any city 

16 or town by dredging without first obtaining a written permit from the 

17 aldermen or selectmen of such citv or town. This section shall not 



1328 



FISHERIES. 



[Chap. 130. 



authorize the taking of fish in violation of the provisions of sections IS 
forty-four and forty-five of chapter ninety-one of the Revised Laws. 19 
Wlioever takes any eels or any of said shellfish without such permit, 20 
and in violation of any provision of this section, shall be punished by a 21 
fine of not less than three nor more than fifty dollars. This section 22 
shall not afi'ect section one of chapter two hundred and fifty-five of the 2.3 
acts of eighteen hundred and ninety-three. 24 



Cities and 
towns may 
grant licenses 
for the plant- 
ing, etc., of 
quahaugs. 
1909, 469, § 1. 



Section S.j. Upon wTitten application, the aldermen or selectmen 
may grant a written license subject to such rules and regulations as are 
approN'ed by the city council of a city, or by the voters of a town at a 
town meeting, for the piu-pose of planting and cultivating quahaugs 
upon and in the flats and creeks of their respective cities and towns 
below mean low water mark and within the limits to be specified in the 
license, for a term of not less than five nor more than ten years, to any 
person who has resided in the commonwealth or has been a taxpayer 
in the city or town for not less than one year preceding the date of his 
application; and all such licenses may, with the WTitten consent of the 10 
aldermen or selectmen, be assigned by the licensee to any person who 11 
has been a resident of the commonwealth or a taxpayer in the city or 12 
town fur not less than one year preceding the date of the assignment. 13 



Additional 
license may be 
granted to bed 
quahaugs, etc. 
1909, 409, § 2. 



Section 86. The aldermen or selectmen may grant a licensee under 
the preceding section an additional license for the purpose of bedding 
quahaugs and of gathering the seed from the same between high and low 
water mark for such period, not exceeding five years, and under such con- 
ditions as they deem proper. The territory to be covered by the said 
license shall not include more than one half acre. 



Navigable 
water not to 
be obstructed. 
Hearing. 
Contents of 
and recording 
licenses. 
Survey, etc. 
1909, 4liH, 
§§ 3, 5, 6. 



Section S7. The licenses provided for in the two preceding sections 1 

shall not be granted if their exercise woidd materially obstruct na\igable 2 

water. No license shall be granted under said sections, until after a 8 

public hearing, due notice of which has been posted in three or more 4 

public places, and published in a newspaper, if any, published in the city 5 

or town Mhere the premises are situated, at least ten days before the time G 

fixed for the hearing, stating the name and residence of the applicant, 7 

the date of the filing of the application, and the location, area and de- 8 

scription of the grounds applied for. Such a license shall describe by 9 

metes and bounds the waters, flats and creeks to which the license is appli- 10 

cable, and shall ha\e no force until recorded with the clerk of the city or 1 1 

town granting the same, and the licensee shall pay annually to the city or 12 

town a fee of rfot less than one nor more than five doDars per acre for the 1 '.i 

license, as the aldermen or selectmen determine. A recording fee of fift;\' 14 

cents shall be paid to the city or town clerk for recording each license 1.5 

or an assignment thereof. Each license and any assignments thereof 16 

shall be recorded in a book kept therefor in the office of the said clerk, 17 

which shall be open to public inspection. Forms for licenses and assign- 18 

ments shall be provided by the aldermen or selectmen at the expense 19 

of the city or town. Before granting any such license the aldermen or 20 

selectmen shall cause to be made a sur\ey and plan of the territory within 21 

which licenses are to be granted, and shall cause to be marked upon a copy 22 

of such plan to be kept in the office of the city or town clerk the territory 23 

covered by any license issued by them. The licensee upon receiving his 24 



CUAP. l:!0.] FISHERIES. 1329 

25 license shall cause the territory oo\"ere(l thereby to be plainly marked 

26 out by stakes, buoys, ranges or monuments which shall be maintained 

27 by him during the term of the license. Failure to place or to maintain 

28 the same shall be sufficient cause for revocation of the license. 

1 Section 88. No person, except the licensee or his agents or assignees, No person 

2 shall dig or take quahaugs or quahaug seed within or remove the same ficensee*to take 

3 from territory covered by such a license. 1909, 469, § 4. quahaugs, etc. 

1 Section 89. If it appears to the aldermen or selectmen granting a superior court 

2 license that the licensee or liis assignee does not actually occupy and TOmnSon'to 

3 use in good faith for the purposes specified in sections eighty-five and llccnsre'il '^ 

4 eighty-six the territory covered by the license, they shall petition the f'.['t'|""(,\" ^""'^ 

5 superior court of the county where the territory is situated to appoint a i90y,'4G9', § 7. 
(J commission of one or more persons to in\estigate and report to the court 

7 as to the use and occupancy of such territory; and the court shall appoint 

8 a commission of one or more persons \\ho, after twelve days' notice to 

9 the petitioners and the respondent, shall hear the petitioners and respond- 

10 ent and shall transmit their findings to the court. If the court finds that 

11 the said territory is not used and occupied in good faith for the pm-pose 

12 stated in the license, the court may order that use of the territory shall 

13 revert to the city or town and that all stakes or buoys or other appli- 

14 ances marking the same shall be removed. The costs upon said petition 

15 shall be assessed as the court may direct. 

1 Section 90. The licensee, his heirs or assigns shall for the pur- Licensee to 

2 poses described in the license have the exclusive use of the territory tlse.^ Xt"ion " 

3 described therein during the term of the license and may in tort recover taifi.fg^eto^ '°^ 

4 treble damages of any person who, without his or their consent, digs or i\>en°"' 

5 takes quahaugs or other shellfish in the territory covered by the license '7"f''°*-„ 

6 or removes the same therefrom. Whoever so digs, takes or removes qua- 

7 haugs or other shellfish shall, in addition, be punished by a fine of twenty 

8 dollars. 

LOBSTERS. 

1 Section 91. Whoever at any time takes or has in possession with Penalty for 

2 intent to sell, or sells, any female lobster bearing eggs shall be punished Shste^rf.*""''* 

3 by a fine of not less than ten nor more than one hundred dollars or by lfili'°' 

4 imprisonment for not less than one nor more than three months; but a j'sli^gs 

5 person who takes any such lobster and immediately returns it alive to iss^, 98 

the waters from which it was taken shall not be subject to such penalty, issa! log! § i! 

7 This section shall not apply to lobsters spawning in lobster cars if they r. l!9i, " 

8 are immediately returned alive to the waters from wjiich they were immIJs. 278. 

9 taken nor to the taking, possession or sale of lobsters as provided in the 2 0p. a. G.321. 

10 following section. Exposure for sale or possession otherwise than as 

11 herein provided shall be prima facie e^^dence of an intent to sell. Alder- 

12 men, selectmen, police officers and constables shall enforce this section 

13 in their respective cities and towns. 

1 Section 92. The director may purchase to the extent of the money Director may 

2 provided therefor, and at a rate not above the market price of other KtCTsfwith 

3 lobsters, lobsters with eggs attached taken along the shores of the com- eaughtSong''' 

4 monwealth. Whoever takes any such lobsters with eggs attached mav, ^l"' ^^"^"^ °' 

r £. Ij.-* -p it (.1 1 V tlie romnion- 

o alter obtammg a permit from the du'ector, saieh' store the same in »caith, etc 

'^ ^ ' -' 1904. 408. 



1330 



FISHERIES. 



[Chap. 1.30. 



1917, 235, 
«1, 3. 

1918, 257, 
§320. 

1919,5; 350, 
§43. 

1920, 2. 



lobster cars or sections of cars used for such purpose only, and shall keep 6 

them separate from other lobsters until such time as the director or his 7 

agents can gather and pay for the same. The director or his agents shall 8 

liberate said lobsters in the ^■icinity of their place of taking. The di- 9 

rector may also purchase egg bearing lobsters found in the possession of 10 

lobster dealers and for such purpose may expend a sum not exceeding 11 

that expended as above authorized. 12 



Purchased 
lobsters to be 
marked; pos- 
session of such 
lobster, etc., 
prohibited. 
1917, 235, § 2. 
1919, 350, § 43. 



Section 93. The director or his agents shall mark in some suitable 
manner, and before their release, all lobsters purchased under the pre- 
ceding section, and any lobsters so marked shall not again be purchased. 
Any person having in possession any lobster so marked, or any lobster 
mutilated in such manner as to hide or obliterate the said mark, shall be 
punished by a fine of not less than two nor more than two hundred 
dollars. 



Sale of Section 94. All lobsters or parts of lobsters sold for use in or export 1 

lobsters etc. ^ 

regulated. ' from the commonwealth shall be sold and delivered in the shell, except 2 

as provided in section ninety-eight. 3 

unraw'tuiir Section 95. No person shall sell, give away, ship or buy lobster meat 1 

selling, etc., after the same has been taken from the shell, except as provided in sec- 2 

lobster meat. . . . '. , ,, , . , , , 

1913, 643, § 2. tion mnety-eight. Vv hoever Molates this section shall be pumshed by a 3 

fine of not more than twenty-five dollars. 4 



Penalty for 
unlawful 
transportation 
of lobster meat. 
1913, 643, § 3. 



Section 96. No common carrier shall carry from one place to another 1 

any lobster meat unless the same has been legally taken from the shell; 2 

and whoever knowingly violates this section shall be punished by a fine of 3 

not more than fifty dollars. 4 



uniaUfuib*^*' Section 97. Any lobster meat unlawfully sold, given away, shipped, 1 
be'TOnfiscaTed' bought or transported shall be liable to seizure and may be confiscated. 2 

1913, 043, § 4. 



2fe*of'c^e^tam Section 98. SectioHS ninety-four and ninety-five shall not proliibit 1 

i9i3''M3'"r5 ^^^ ^^ °^ lobsters legally canned, or of lobsters sold for food by licensed 2 

1919, 350, § 43. victuallers, or of lobsters remo\'ed from the shell on the premises where 3 

they are eaten. Said sections shall not prohibit the sale of lobster meat 4 

by wdiolesale or retail dealers in lobsters; provided, that the meat is 5 

removed from the shell at their regular place of business where lobsters 6 

are bought and^sold, and that said dealers have a written permit for such 7 

sale from tlie director, and that the lobster meat is so removed and sold 8 

under such conditions and regulations as he prescribes; and provided, 9 

that the premises where the meat is so removed or sold are at all times 10 



open to the inspection of the director, wardens and deputies. 



11 



Penalty for 

selling, etc, 

small lobsters. 

1874, 110, § 1. 

1877, 75. 

P. S. 91, §84. 

1884, 212, 

§§1.2. 

1887, 314, § 1. 

1900, 428. 

R. L. 91. § 88. 



Section 99. Whoever sells or offers for sale or has in possession an 
uncooked lobster less than nine inches in length, or a cooked lobster less 
than eight and three quarters inches in length, measuring from the end 
of the bone protruding from the head to the end of the bone of the middle 
flipper of the tail of the lobster, extended on its back its natural length, 
shall be punished by a fine of not less than two nor more than five dollars 



Chap. 130.] fisheries. 1331 

7 for every such lobster, one half to the use of the town where the offence i907, sos. 

8 is committed and one half to the commonwealth; and in all prosecutions 143 Ma\s. 560. 

9 under this section any mutilation of a lobster, cooked or uncooked, which }gf jj^gg; Hf 

10 affects its measurement shall be prima facie evidence that the lobster is J'oJ^ a'^g '321 

11 less than the required length and the possession of any lobster, cooked 

12 or uncooked, not of the required length shall be prima facie evidence of 

13 violation of this section. This section shall not apply to common carriers 

14 having lobsters in possession for the purpose of transportation. 

1 Section 100. Whoever, before a lobster is cooked, mutilates it by Penalty for 

2 severing the tail from the body, or has such tail in possession, shall be isgo, 293" 

3 punished by a fine of five dollars; and in all prosecutions under this r^^l! 9i^'§ S9. 

4 section the possession, by any person, of the tail of any uncooked lobster 

5 so severed from the body shall be prima facie evidence of violation of 

6 this section. 

1 Section 101. The commissioner of public safety, upon written re- state police 

2 quest of the director, may detail one or more of the state police to enforce is84^ 212% 4. 

3 section ninety-nine. R. l. 91, § 90. 1919, 350, |§ 43, 100, loi. 

1 Section 102. To enforce section ninety-nine, the director, a M^arden, Right of 

2 deputy, or member of the state police may search in suspected places ilss, 251;. 

3 for, seize and remove lobsters unlawfully taken, held or offered for sale, u^l] 9if'§ gl; 

1905. 407. 1912, 46.5, § 1. 1919, 350, §§ 43, 102. 2 Op. A. G. 321. 
1910, 575, § 1. 1913, 250. 203 Mass. 516. 

1 Section 103. No person either as principal, agent or employee shall onlbsi"? 

2 at any time catch lobsters in, or take them from any waters within the '^g^jj^fjllf ■ 

3 jurisdiction of the commonwealth, or place, set, keep, maintain, supervise, js-js, 403. 

4 lift, raise, or draw in or from the said waters, or cause to be placed, set, 1960! 230! 

5 kept, maintained, super^•ised, lifted, raised or dra^^Ti in or from the said wm, 2m. 

6 waters any pot, trap, or other contrivance designed for, or adapted to, §§\.'7.'^' 

7 the taking of lobsters, unless licensed so to do as provided in the fol- jl'x";!.^*' 

8 lowing section. 

1 Section 104. The clerk of any to\\'n in Essex, INIiddlesex, Suffolk, Licenses. 

2 Norfolk, Plymouth, Barnstable, Bristol, Dukes or Nantucket county, 1917; 312,' 

3 situated on the shores of the commonwealth, shall grant licenses in the igis, 212'. 

4 form prescribed and upon a blank furnished by the director, to catch 55^2; l'^'*' 

5 or take lobsters from the waters of the commonwealth within three °i^ig)^- 

6 miles of the shores of the county where the town lies. Such licenses 

7 shall be granted only to citizens of the commonwealth who have resided 

8 therein for at least one year next preceding the date of the same. A 

9 non-resident temporarily residing in any town granting such licenses 

10 may, during June, July, August and September in each year, upon pay- 

11 ment of the fee required by this section procure a license to take lobsters 

12 for consumption by the licensee and liis family only. Licenses, except 

13 those granted to non-residents, shall expire on November thirtieth 

14 next succeeding the granting of the same unless sooner revoked as pro- 
1.5 vided in the following section. The town clerk granting a license shall 
IC) collect therefor a fee of one dollar, which, less fifteen cents to be retained 

17 by liim, shall be forwarded to the director on the first Monday of the 

18 following month, together with coupons provided by the director for a 

19 flescription of the licensee antl liis buoys, and for such other information 



1332 



FISHERIES. 



[ClIAP. 130. 



as may be required. All books of forms fm-nished to town clerks under 20 

this section shall be returned to the director on January first of each 21 

year. Each applicant for a license shall state the color scheme or other 22 

special markings of the buoys to be used by liim wliich shall be set forth 23 

in liis license, and all buoys used by liim shall be marked accordingly 24 

and also with the Ucensee's initials or name which shall be branded or 25 

cut into the siuface of the buoy. A licensee under this section shall at 26 

all times, while acting in pm'suance of the license, exliibit liis license 27 

upon the demand of any officer qualified to serve criminal process. 28 



Revocation of 
license. 
1917,312, §4. 
1920,434, 5 4 



Section 105. If a licensee under the preceding section is convicted 1 

a second time of catching, taking or having in possession egg bearing 2 

lobsters or short lobsters, or of interfering with the pots or gear of other 3 

fishermen or is convicted once of catching, taking or having in possession 4 

egg bearing or short lobsters and once of interfering with the pots or 5 

gear of other fishermen, he shall immediately surrender his license to 6 

the officer who seemed the second conviction, and the license shall be 7 

void, and the licensee shall not receive another such license until after 8 

the expiration of one year from the date of the second conviction; 9 

provided, that a conviction of having short lobsters in possession shall 10 

not be counted as a conviction under this section vmless more than two 11 

per cent in count of the lobsters in possession by the licensee were short 12 

lobsters. 13 



Report by 
licensee, etc. 
1917,312, § 5. 

1919, 350, § 40. 

1920, 434, § 5. 



Section 106. A licensee under section one hundred and four shall, 1 

before receiving a new license, file on or before October twentieth of that 2 

year, a report of his catch with tlie director as provided in section one 3 

luindred and forty-eight. Any person refusing, or knowingly or wilfully 4 

neglecting, to make the said report shall not receive a new license until 5 

the report is made. The commissioner of conservation shall state in his 6 

annual report the number of licenses granted under section one hundred 7 

and four. 8 



Hours for 
drawing 
lobster pots. 
1920, 434, § 0. 



Section 107. No person shall tend, lift, raise or draw a lobster pot 
or trap or take lobsters from such pots or traps except 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 at any time when they are 
endangered by storms. 



R^T.'gi, § 92. Section 108. Violation of any provision of sections one hundred and 1 
1917' 312' 1 thi'^s to one hundred and seven, inclusive, shall be punished by a fine of 2 
1920, 434', § 7. not less than ten dollars. 3 



Investigation 
of habits of 
lobsters, etc. 
1889, 109, 
§1 4, 5. 
R. L. 91, 
K93, 94. 
1919, 350, § 43. 



Section 109. The director may occupy and use any small estuaries 1 
or creeks within the commonwealth, not exceeding six, for the scientific 2 
investigation of the habits, propagation and distribution of lobsters, if 3 
such occupation and use does not impair the private rights of any per.son 4 
or materially obstruct any navigable waters. Notice of such occupation 5 
shall be conspicuously posted and maintained by the director at the 6 
nearest points to said estuaries and creeks, and shall be recorded in the 7 
registry of deeds in the county where they are situated. 8 

Whoever, after the posting and recording of such notice, takes any 9 
lobster from any estuary or creek so occupied as aforesaid shall be pun- 10 
ished as provided in section ninety-one. 11 



Chap. 1.'50.] fisheries. 1333 

1 Section 110. All barrels, boxes or other packages in transit con- Transportation 

2 taining lobsters shall be marked with the word "LOBSTERS" in capital r'eguiatld° 

3 letters at least one inch in length, together with the full name of the ^^' 569. §i. 

4 shipper. Said marking shall be placed in a plain and legible manner on 

5 the outside of such barrels, boxes or other packages, and in case of seizure 

6 by any duly authorized officer of any barrels, boxes or other packages in 

7 transit, containing lobsters, which are not so marked, or in case of seizure 

8 by any such officer of barrels, boxes or other packages in transit con- 

9 taining lobsters less than the prescribed length, such lobsters as are 

10 alive and less than the prescribed length shall be liberated, and all such 

11 lobsters as are of the prescribed length found in such barrels, boxes or 

12 packages shall be held and disposed of as provided in section one hundred 

13 and thirteen. 

1 Section 111. Whoever ships lobsters without having the barrels. Penalties. 

2 boxes or other packages in which the same are contained marked as pre- ^ ^ ' ' ^ ' 

3 scribed in the preceding section shall for a first oft'ence be punished by a 

4 fine of not more than twenty-five dollars, and for a subsequent offence 

5 by a fine of not more than fifty dollars; and any common carrier who 

6 knowingly carries from place to place lobsters in barrels, boxes or other 

7 packages not so marked shall be punished by a fine of not more than 

8 fifty dollars, and lobsters shipped in violation of tliis or the preceding 

9 section shall be forfeited to the commonwealth. 

1 Section 112. In order to enforce the two preceding sections, the Enforcement 

2 director, a warden, deputy, or state police officer may, without a war- airii'™' "° 

3 rant, search any boat, car, box, locker, crate or package and any building \l\l] 1%' ^ ^■ 

4 where he has reason to believe any lobsters are being transported or held ^^ *^' '°-- 

5 for transportation in violation of law, and may seize and hold any lob- 

6 sters illegally transported; provided, that this section shall not authorize 

7 the entering of a dwelling house, antl shall not apply to lobsters passing 

8 tlirough this commonwealth under authority of the laws of the United 

9 States. 

1 Section 113. When any lobsters are seized by \irtue of the three pre- Proceedings 

2 ceding sections, the officer making the seizure shall immediately notify seizure of 

3 the shipper thereof, if known, and shall forthwith proceed to enforce, in ^"g'is'^Gg, § 4. 

4 accordance with chapter two hundred and fifty-seven, the forfeiture 

5 of such lobsters, so seized, as he is not reciuired to liberate. He shall 

6 cause the appraisal required by section thirteen of said chapter to be 

7 made within twenty-foiu- hours after the time of such seizure, and after 

8 said appraisal may sell the said lobsters at such time or in such manner 

9 as he deems proper. He shall pay the proceeds thereof into the court 

10 before \\hich the libel for forfeiture is pending, and the court may decree 

11 a forfeitiu-e of said proceeds, or payment thereof to a claimant, or any 

12 other appropriate disposition thereof. 

fishing for lobsters, tautog, etc., in certain waters. 

1 Section 114. No person living without this commonwealth shall fa'kkig'iob"teL, 

2 take any lobsters, tautog, bass or other fish witliin the harbors, streams, ^^'^j'^^ certain 

3 or waters of Fairhaven, New Bedford, Dartmouth or Westport for the j^^^^'fj'lg- 

4 purpose of carrying them thence in vessels or smacks of any size what- c'. s. 83! 1 4'. 

5 ever owned without this commonwealth, nor in anv of more than fifteen r. l. 91, §95. 



1334 



FISHERIES. 



[Chap. 1.30. 



tons burden owned M'ithin this commonwealth, under a penalty of ten 6 
dollars for each offence and a forfeiture of all fish and lobsters so taken. 7 



Boundaries 
defined. 
1821, 97, § 2. 
R. S. 55, § 6. 
G. S. 83, § 5. 
P. S. 91, § 87. 
R. L. 91. § 96. 



Section 115. For the purposes of the preceding section, the waters 
and shores of the places therein mentioned shall be deemed to extend 
from the line of the state of Rhode Island to the line of Plymouth county, 
and to include all the waters, islands and rocks lying within one mile of 
the main land. 



Penalty if 
certain statutes 
have been 
accepted. 
1839, 85, 
n 1.3. 
G. S. 83, § 6. 
P. S. 91, § 88. 
R. L. 91, § 97. 



Section 116. If, ■within the harbors, streams, or waters of any town 
on the sea coast which accepts this section or has accepted corresponding 
provisions of earlier laws, a person who lives without the commonwealth 
takes, for the purpose of carrying thence, any lobsters, tautog, bass, 
bluefish or scuppaug, or if a person who lives in tliis commonwealth takes 
and carries away from such place any such fish or lobsters in vessels or 
smacks of more than fifteen tons burden, he shall forfeit not more than 
twenty dollars, and all the fish and lobsters so taken. 



Prohibition of 
taking lobsters 
in waters of 
Provincetown. 
1821, 102, § 1. 
R. S. 55, 
§§ 7-9. 
G. S. 83, 
§§ 7-9. 
P. S. 91, 
§§ 89-91. 
R. L. 91, I 98. 



Section 117. No person shall take lobsters witliin the waters and 1 
shores of Pro\ancetown for the purpose of carrying them from said waters 2 
in a vessel or smack of more than fifteen tons burden, or for the pm-pose of .3 
putting them on board of such vessel or smack to be transported to any 4 
place, unless a permit is first obtained therefor from the selectmen of said .5 
town, who may grant the same for such amount, to be paid to the use 6 
of the town, as they deem proper. Whoever violates this section shall 7 
forfeit ten dollars; and a fiuther amount of ten dollars for every hundred 8 
lobsters over the first hundred taken or found on board of any such vessel 9 
or smack, and in that proportion for any smaller number. For the pur- 10 
poses of this section, the waters and shores of Provincetown shall be 11 
deemed to be as follows: beginning at Race Point, one half mile from the 12 
shore, and thence running by said shore to the end of Long Point which 13 
forms the harbor of Provincetown, and from the end of Long Point one 14 
half mile and including the harbor within the town of Provincetown. 15 



Penalty for 
unlawfully 
destroying 
oysters. 
1764-5, 
25. I 1. 
1771-2, 13, 
§§1.2. 



OYSTERS. 

Section 118. Whoever takes oysters from their beds, or destroys 
them or wilfully obstructs their growth therein, except as is provided in 
the following sections, shall forfeit two dollars for every bushel of oysters, 

1795, 71, I 1. 



including the shells, so taken or destroyed. 



R. S. 55, § 11. 
G. S. 83, § 11. 



P. S. 91. §93. 
R. L. 91, § 100. 



13 Allen. 541. 
221 Mass. 323. 



Selectmen may 
give permits to 
take ovsters. 
1764-6, 25, 
§§ 1.2. 
1795, 71, § 1. 
R. S. 55, § 12. 
G. S. S3, § 12. 
1879, 105. 
P. S. 91, § 94. 
1892, 74. 
R. L. 91, 5 101. 
7 Met. 438. 



Section 119. The aldermen of a city or selectmen of a town where 
there are oyster beds may grant a written permit to any person to take 
oysters from their beds at such times, in such quantities and for such 
uses as they shall express in their permit; but e\ery inhabitant of such 
city or town, except Yarmouth, may, without such permit, take oysters 
from the beds therein for the use of his family, from September first to 
June first, not exceeding in any week two bushels, including the shells. 

221 Mass. 323. 



Hc?nsesfo?^he Section 120. The aldermen of any city, or the selectmen of any town, 1 
cultivation of [^ Bamstablc, Bristol, Dukes or Nantucket countv, may, after a public 2 

oysters in '' ».'..'a 



Chap. 130.] fisheries. 1335 

3 hearing, grant to any inhabitant of such city or town, or to a firm com- Bamstabie, 

4 posed of inhabitants thereof, or to a domestic corporation, a Ucense for a and Nintucket. 

5 period of fifteen years to plant, grow and dig oysters, or to plant shells etc"° ""'"' 

6 for the purpose of catcliing oyster seed upon and in any territory below §§\%^.®'^' 

7 mean low water mark, within the limits of the city or town, and within the 

8 limits specified in the license, on such terms and conditions as they deem 

9 proper, not, however, so as materially to obstruct navigable waters. Such 

10 license, when granted, may be transferred to any person to whom it 

1 1 might originally have been granted, subject to the approval of the author- 

12 ities granting it. Any such license may, witliin two years before the 

13 expiration of the same, be renewed for a fiu'ther term of fifteen years, 

14 after a public hearing. All territory for wliich a license is granted shall 

15 be designated by suitable bounds, consisting of stakes or buoys, one at 

16 each of the several corners of every grant, so that the boundaries thereof 

17 may be evident at high and low tide; and the said boimds shall be main- 

18 tained by the licensee under penalty of forfeiture of the license. The 

19 aldermen and selectmen shall keep at their offices records open to public 

20 inspection of each license, describing by metes and bounds the waters, 

21 flats and creeks so licensed, and a map or chart of all such licensed 

22 property. 

1 Section 121. Every licensee shall be required to submit on oath Licensees to 

2 to the aldermen, or selectmen, or to a duly authorized inspector appointed Kportl'et"'' 

3 by them, an annual report of the total number of bushels of oysters ^''"' ^^^- ^ ^' 

4 planted or produced upon the territory covered by the license, and an 

5 estimate of the total number of bushels of oysters at that time planted 

6 or growing upon said territory, and if the total amoimt falls below fifty 

7 bushels per acre, on any grant less than six acres, or if said inspector, 

8 after due examination, finds that the quantity of oysters planted or 

9 growing is less than fifty bushels per acre on any grant less than six 

10 acres, or less than five hundred bushels on any grant over six acres, for 

11 three consecutive years, then the license may be declared forfeited and 

12 the grant shall revert to the place where situated. 

1 Section 122. Any inhabitant, firm or corporation, qualified as pro- Application for 

2 \'ided in section one hundred and twenty and desiring to obtain a license i9i4r597,"§ 4. 

3 thereunder, shall present to the aldermen or selectmen a WTitten applica- 

4 tion setting forth the name and address of the applicant, a reasonably 

5 definite description of the desired territory, and shall petition that the 

6 applicant be registered, that the territory be surveyed, that a plan or 

7 map be made, and that such license be granted to the applicant. When 

8 such license is granted, the authorities granting it shall, after the sur- 

9 vey is made, locate the corners for the licensee without charge, but the 
10 relocation of corners shall be at his expense. 

1 Section 123. Every such licensee shall pay an annual fee per acre, Fees. 

2 the amount of which shall be fixed for the term of five years according to 

3 a just and equitable valuation by the authorities granting such license 

4 or by their duly appointed agents, under penalty of forfeiture of the 

5 license if the rental is not paid within six months after it becomes due. 

6 The money received from the annual fees may be expended, so far as 

7 may be necessary, for the protection and surveying of the grants, .and 

8 the remainder shall be paid to the city or town. 



1336 



FISHERIES. 



[ClIAP. 130. 



Section 124. Everv such licensee shall have the number of his 



License 
number to be 

igw'^sgy § 6 license painted in letters at least two inches in height in a conspicuous 
place on his buoys, or on flags attached to stakes. 



Jys't'elf between SECTION 125. No licensee or other person shall dig, take or carry 1 
"^rowbited"" away any oysters or shells from any waters, flats or creeks, between one 2 
1914, 597. § 7. hour after sunset and one hour before sunrise, by any method whatever. 3 



Penalty for 
injuring 
boundary 
marks, etc. 
1914, 597, § 8. 



Section 126. \^Tioever wilfully injures, defaces, destroys or removes 1 

any mark or bound used to define the extent of any such license or grant, 2 

or places any imauthorized mark thereon, or ties or fastens any boat or 3 

vessel thereto, shall be punished by a fine of not less than three nor more 4 

than twenty dollars and shall be liable in tort for double damages and 5 

costs to the licensee injured by such act. 6 



Penalty for 
injuring or 
unlawfully 
taldng planted 
oysters. 
1914, 597. § 9. 



Section 127. Whoever works a dredge, oyster tongs or rakes, or 1 

any other implement for the taking of oysters upon any territory offi- 2 

cially designated as licensed, or in any way disturbs the growth of planted 3 

oysters, without the consent of the licensee during the continuance of 4 

such license, or discharges any substance which may directly or indi- 5 

rectly injure the planted oysters, shall for the first offence be punished 6 

by a fine of not less than five nor more than one hundred dollars, and 7 

for a subsequent oft'ence by a fine of not less than one hundred nor more 8 

than two hundred dollars or by imprisonment for not more than six 9 

months, or both. 10 



Penalty for 
placing stones, 
scoopings. etc., 
on oyster 
beds, etc. 
1914, 597, § 10. 



Section 128. Whoever wilfully breaks up, damages or injures any 1 

bed of oysters, or any tract of land leased from the commonwealth or 2 

licensed by any town for an oyster bed, by depositing thereon earth, 3 

stones or dredging, or scoopings, shall be punished by a fine of not less 4 

than twenty-five nor more than five hundred dollars. 5 



Arrest and 
detention of 
offenders. 
1914, 597, § 11. 



Section 129. The director, a warden, deputy, police officer or con- 1 

stable witnessing the commission of any act prohibited by the nine pre- 2 

ceding sections shall, without a warrant, arrest the offender and detain 3 

him until an application for a warrant may be made. 4 



No territory 
to be granted 
in polluted 
waters. 
1914, 597, § 12 



Section 130. To protect the purity of oysters, no territory in pol- 1 

luted water shall be granted for tlie growing of oysters for market. The 2 

licensing authorities and inspectors appointed under section one hun- 3 

dred and twenty-one may make examinations necessary to ascertain 4 

the sanitary condition of the waters over and adjacent to the oyster pro- 5 

ducing area, and may give WTitten certificates of the sanitary condition 6 

thereof. 7 



Granting of 
licenses in 
counties not 
covered by 
section 122, 
Revocation. 
Penalties. 
1848, 152. 
G. S. 83. 
« 16-18. 
1869, 172, § 8 
P. S. 91, 
§§ 97-99. 
1884, 284. 



Section 131. In cities and to-wns in counties not mentioned in sec- 1 

tion one hundred and twenty, the aldermen or selectmen may grant a 2 

written license for a term not exceeding fifteen years to any inhabitant 3 

thereof to plant, grow and dig oysters at all times of the year, or to plant 4 

oyster shells for the purpose of catching oyster seed, upon and in any 5 

waters, flats and creeks therein, at any place where there is no natural 6 

oyster bed ; not, however, impairing the private rights of any person, nor 7 

materiallv obstructing any navigable waters. Such license shall describe 8 



Chap. 130.] fisheries. 1337 

9 by metes and bounds the waters, flats and creeks so appropriated and |f*f'|^°" 

10 shall be recorded by the city or town clerk before it shall have any force, J|||' |P' § i- 

1 1 and the licensee shall pay to the aldermen or selectmen, to the use of R- l' 9i. 

12 the city or town, two dollars, and to the clerk fifty cents. The shore i9i3.549. ' 

13 line of such licensed premises shall be the line of mean low water for iss Mass' 120' 

14 the planting and growing of oysters, and the line of high water for the 224 Masslso?! 

15 planting of oyster shells, but this section shall not authorize the placing iop'^A^G.'lli. 

16 of such shells upon the land of a riparian owner between high and low p^^^^ . 

1 7 water mark without his written consent. Such license shall not be granted §§ 1^2, isa. 

18 until after a public hearing, due notice of which shall have been posted 

19 in three or more public places in the cit;j' or town where the premises 

20 are situated at least seven days before the time fixed for such hear- 

21 iiig, and shall be granted, assigned or transferred only to inhabitants 

22 of the city or town where the licensed premises are situated, and shall 

23 not be assigned or transferred without the written consent of the alder- 

24 men or selectmen. The licensee, his heirs and assigns shall, for the pur- 

25 poses aforesaid, have the exclusive use of the waters, flats and creeks 

26 described in the license during the time therein specified; and may, in 

27 tort, recover treble damages of any person who, without his or their 

28 consent, digs or takes oj'sters or oyster shells from such waters, flats 

29 or creeks during the continuance of the license. If the licensee fails 

30 for two years after the license has been granted to plant and grow oysters 

31 or to plant oyster shells in the waters, flats or creeks described in the 

32 license, it shall be revoked by the officers who granted it and the revo- 

33 cation shall be recorded by the city or town clerk. 

1 Section 132. No person shall dig, take or carry away any oysters Hours for 

2 or oyster shells between one hour after sunset and one hour before sun- isrsl^iToTl""' 

3 rise, by any method whatever, from any waters, flats or creeks for which fsl4,l84! IT' 

4 a license has been granted under the preceding section. A licensee vio- If^l'l^®' 

5 lating said section shall, in addition to the other penalties pro\-ided, for- is^^', 282 § i 

6 feit his license and the oysters remaining on the licensed premises. 229 Mass. is5.' 

1 Section 133. ^^^loever -v-iolates the preceding section, or whoever. Penalty for 

2 without the consent of the licensee, digs or takes any oysters or oyster fromfi°enseT 

3 shells from any waters, flats or creeks described in any license granted permllsioS"' 

4 under section one hundred and thirty-one diuing the continuance of p* s^'gi^j fo^i 

5 such license, shall be punished by a fine of not more than one hundred is8|. 284, 1 1. 

6 dollars or by imprisonment for not less than one nor more than six r. L!9i,'§iii. 

-7 ,1 L XL 136 Mass. 456. 

/ months, or both. 

1 Section 134. 'Whoever works a dredge, oyster tongs or rakes, or any Penalty tor 

2 other implement for the taking of shellfish of any description, upon any etcl'.^uto'i?*''' 

3 oyster grounds or beds covered by a license imder section one hundred gej™'^ °*'*"^'' 

4 and thirty-one, without the consent of the licensee, lessee or owner Jf l'9i°§\i2 

5 thereof, or whoever, while upon or sailing over any such grounds or beds, 

6 casts, hauls, or has overboard any such dredge, tongs, rake or other im- 

7 plement for the taking of shellfish of any description, under any pretence 

8 or for any purpose whatever, without the consent of the licensee, lessee 

9 or owner, shall, for the first offence, be punished by a fine of not more 

10 than twenty dollars or by imprisonment for not more than one month, 

1 1 and for a subsequent oft'ence, by a fine of not more than fifty dollars or 

12 by imprisonment for not more than six months. 



1338 



FISHERIES. 



[Chap. 130. 



Penalty for 
taking shellfish 
other than 
oysters, 
except, etc. 
1771-2, 13, I 3. 
1795, 71, I 2. 

1798, 14, I 1. 

1799, 19, I 1. 
1808, 28. 
1830, 2. 
R.S. S5, § 13. 

1838, 110; 113. 

1839, 84. 

1840, 9. 
1842, 10. 

G. S. 83, 5 13. 
P. S. 91, § 95. 



GENER.\L PROVISIONS REL.\TIVE TO SHELLFISH. 

Section 135. Whoever takes any shellfish, other than oysters, from 1 

their beds, or destroys them or wilfully obstructs their growth therein, 2 

except as is provided in this chapter, shall forfeit one dollar for every 3 

bushel of such shellfish, including the shells. But the aldermen of a 4 

city or selectmen of a town may at any time give a written permit 5 

to any person to take such shellfish from their beds therein, at such 6 

times, in such quantities and for such uses as they shall express in their 7 

permit; but every inhabitant of each of said places may, without such 8 

permit, take such other shellfish from the beds therein for the use of 9 

his family. R. l. 9i, § 102. 7 Met. 43s. 10 

13 Allen, 541. 155 Mass. 10. 221 Mass. 323. 224 Mass. 39. 



Indians not 
within pro- 
hibition of 
sections 118, 
119 and 135. 
1795, 71, I 5. 
1798, 14, I 2. 
R. S. 65. § 1,5. 
G. S. 83, § 15. 
1867, 70. 
1872, 40, § 2. 



Section 136. Sections one hundred and eighteen, one hundred and 
nineteen and one hundred and thirty-five shall not deprive native 
Indians of the privilege of digging shellfish for their own consumption, 
or prevent a fisherman, an inhabitant of the commonwealth, from tak- 
ing shellfish which he may need for bait, not exceeding at any one 
time seven bushels, including the shells. 

p. S. 91, § 96. R. L. 91, § 103. 13 Allen, 541. 



Taking of 

shellfish from 

contaminated 

waters 

regulated. 

1901, 138, 

§§1,2. 

1919! 350, § 9(i. if necessary, mark such bounds. It may also, in writing, request the 

221 Mass. 323. (jjppp^Qp ^q prohibit the taking from such contaminated waters and flats 

of any shellfish. Upon receipt of such request, the director shall prohibit 

the taking of shellfish from such contaminated waters or flats for such 



Section 137. The department of public health may examine all 
complaints brought to its notice relative to the contamination of tidal 
waters and flats in the commonwealth by sewage or other causes, may de- 
termine, as nearly as may be, the bounds of such contamination, and. 



period of time as said department may prescribe. 



Local boards 
of health may 
grant permits 
to take clams 
or quahaugs 
for bait, etc. 
1907, 285, § 1. 



Section 138. When the director has so prohibited the taking from 
contaminated waters or flats in any city or town of any shellfish, the 
local board of health may grant written permits to any person to take 
from such waters clams or quahaugs to be used for bait only, and in 
such quantities and upon such conditions as it shall express in the 
permit. 



pcmntto'keep SECTION 139. Whocvcr holds a permit under the preceding section 
"er-on^et*" ""'^ shall kccp it in his possession, and on his person, Avhile acting there- 
igm'lss *" under, and shall at all times display it upon the request of any person 
authorized to enforce sections one hundred and thirty-eight to one hun- 
dred and forty-one, inclusive. Violation of this section shall be punished 
by a fine of not less than ten nor more than fifty dollars, and m addition 
the permit shall be revoked and shall not thereafter be issued within one 
.vear. 



Section 140. Whoever violates any provision of such permit shall 1 



Penalty for 
violation of 

i9OT,'285, § 3. forfeit the permit and shall be punished by a fine of not more than one 2 
hundred dollars or by imprisonment for not more than three months, 3 
or both. 4 



Chap. 130.] fisheries. 1339 

1 Section 141. Whoever sells, or exchanges, or exposes or offers for Penalty for 

2 sale or exchange, or buys any clams or quahaugs, taken from waters or dams?etc.° 

3 flats proscribed as contaminated under section one hundred and thirty- ponTtedwlters. 

4 seven shall be punished by a fine of not more than one hundred dollars J9J3; ggf' ^ *• 

5 or by imprisonment for not more than three months, or both. 

1 Section 142. Whoever not having a permit therefor takes any shell- f^a'ties for 

-,,„ .,, ^ Ml • 11' taking oysters, 

2 fish from tidal waters or flats proscribed as contaminated under section ''*'=v//°"\ 

3 one hundred and thirty-seven shall for the first offence forfeit not less waters, etc. 

4 than five nor more than ten dollars and for a subsequent offence forfeit r. l!9i.§'ii4. 

5 not less than fifty nor more than one hundred dollars; but such penalties "^ ^^'^^^' ^'^' 

6 shall not be incurred until one week after the director has caused notice 

7 of such proscription, with a description, or the bounds, of the tidal waters 

8 or flats to which such proscription applies, to be published in a newspaper 

9 published in the town or county in which or adjacent to which the tidal 
10 waters or flats to which such proscription applies are situated. 

1 Section 143. Cities by a two thirds vote of the city council, and towns may 

2 towns by a two thirds vote at a town meeting, may appropriate money "J.^sltiora'?" 

3 for the cultivation, propagation and protection of shellfish. Tlie alder- ^"'^■'J*'?",',^ ^ 

4 men or selectmen, when so authorized by their respective cities or towns, way declare 

5 may declare from time to time a close season for shellfish for not more etc^'^ '"='"'°"' 

6 than three years in such waters or flats within the limits of their respective ^^°*' ^^' ^ ^" 

7 cities and towns as they deem proper, and may plant and grow shellfish 

8 in such waters and flats; provided, that no private rights are impaired, 

9 and provided, that when any close season, declared as aforesaid, shall 

10 have ended, the flats and waters so closed shall be opened subject to 

11 section eighty-foiu- and any special laws. 

1 Section 144. WTioever takes shellfish in violation of the preceding Penalty, etc. 

2 section shall be punished by a fine of not less than three nor more than 

3 fifty dollars. Any officer qualified to serve criminal process, and con- 

4 stables designated imder section one hundred and fifty-two, shall, with 

5 all the powers conferred by said section, enforce this section. 



REGULATION OF FISH WEIRS, NETS, PURSES AND SEINES. 

1 Section 145. The aldermen of a city and the selectmen of a town Town officers 

„ , . J.- J J. • -J.- J.1 • J. ™^y authorize 

2 lying upon tide water, may, m writing, authorize any person to con- e^h woirs. etc 

3 struct weirs, pound nets or fish traps in tide water in locations not only p s!'9i.'§ 76. 

4 where no harbor lines exist but also in locations beyond established it''L!9?^§\i6. 

5 harbor lines, within the limits of such city or town, for a term not exceed- }^J^' g-*- 

6 ing five years, but no authority so given shall be valid unless approved i-Jjs, 27.^ 

7 in writing by the division of waterways and public lands of the depart- §113. ^ 

8 ment of public works, upon such terms and subject to such conditions 2 bp. a. g. 2.5, 

9 as it may, in its discretion, impose. 3 Op. a. g. is. ' 

1 Section 146. Whoever wilfully destroys or injures any such w'eir. Penalty for 

2 pound net or fish trap, or takes fish therefrom without the consent of the iish'wefrs"" 

3 owner, shall forfeit not more than twenty dollars to the use of the owner, r si'aT.'Ir^i. 

4 and shall be liable in an action to the person injured. R. l. 9i, § 117. 



1340 



FISHERIES. 



[Chap. 1:3(). 



Penalty for 
constructing 
unauthoriEed 
fish weirs. 
1877, 119. 
P.S. 91, §72. 
R. L. 91, § 118. 



Owners of fish 
weirs, lobster 
pots, etc., to 
make returns. 
Lobster cars 
to be marked. 
Penalty. 
1876, 104. 
1881, 28. 
P.S. 91, 
{§ 73-75. 
1889, 109, 
§§ 2, 3. 
1901, 290. 
R. L. 91, §119. 



Section 147. Whoever constructs or maintains a weir, pound net 
or fish trap in tide water without the authority mentioned in section one 
liundred and forty-five and, if from an island in tide water, witliout 
written authority from the aldermen of every city and the selectmen 
of every town which is distant not over two miles from said island, shall 
forfeit ten dollars for each day he maintains such weir, pound net or 
fish trap; and he may be enjoined therefrom. 



Section 148. The owner of every pound net, weir, fyke net or 1 

similar contrivance, of every fishing pier, seine, drag or gill net, lobster 2 

pot or trap used in any of the waters of the commonwealth for fishing .3 

purposes, shall annually, on or before October twentieth, make a written 4 

report, on oath, to the director of the number of pounds and the value 5 

of each kind of edible fish caught by his pound net, weir, fyke net or 6 

similar contrivance, pier, seine, drag or gill net, and the number and 7 

value of lobsters taken by him in pots or traps, during the year last 8 

preceding the date of said report, and the number and value of the de- 9 

vices used in such catching or taking, and the number of persons em- 10 

ployed therein; and for such purpose, the director shall annually, on or 11 

before ]\Iarch fifteenth, provide him, upon his application, with suitable 12 

blank forms for such reports, so arranged that each month's catch may l.j 

be separately recorded thereon; and, in filling out such reports, such 14 

owner shall give the results of each month's fishing, so far as practicable. 15 

Such owner shall apply to the director for such blank forms. The owner Ifi 

of any cars or other contrivances used for keeping lobsters shall have his 17 

name and residence legibly marked thereon. ^Yhoeve^ knowingly and 18 

wilfully violates any provision of this section shall be punished by a fine of 19 

not less than ten nor more than one hundred dollars. 20 



Penalty for 
taking fish, 
etc., from 
traps, etc, 
1882, 53. 
R.L. 91, § 131 



MISCELLANEOUS PROVISIONS. 

Section 149. Whoever takes any fish or lobster from a trap, trawl 
or seine set for catching fish or lobsters, without the consent of the owner 
thereof, and whoever wilfully molests or interferes with such trap, trawl 
or seine, shall, for the first offence, be punished by a fine of not less than 
five nor more than twenty-five dollars or by imprisonment for one month, 
or both; and for a subsecpient offence, by a fine of not less than twenty 
. nor more than fifty dollars or by imprisonment for two months, or both. 



Penalty for 
taking certain 
fish except 
with hook and 
line. 
1741-2, 
20, § 1. 
1754-5,31, 
§§1,2. 
1764-5, 34, 
§§1,2, 
1822, 21. 
R. S. 55, § 2. 
1857, 30. 
G. S. S3. § 2. 
1869, 384, § 26. 
P.S. 91, §48. 
R. L. 91,§ 132. 
1908, 492. 
1917, S3. 
1919, 33. 

Additional 
penalty, § 7G. 



Section 150. Whoever takes any fish which at any season frequent 
fresh water, except as otherwise allowed in this chapter, in any other 
manner than by angling, shall forfeit not less than five nor more than 
fifty dollars; but towns may permit the use of nets and seines for taking 

herring and alewives or pots for the taking of eels; and this section shall 5 

not prohibit spearing eels, carp or those species of fish commonly known 6 

as eels and "suckers". The possession by any person in or upon fresh 7 

waters or upon the banks of the same, except as allowed by this sec- 8 

tion, of any net, trap, trawl, or other device adapted for taking fish 9 

shall be prima facie evidence of a violation of this section. This section 10 

shall not apply to ponds or waters now held under lease or which may 1 1 

hereafter be leased by the commonwealth or by the commissioner of 12 

conservation. 13 



poi"sonmg"fish. SECTION 151. Whoever puts or throws into any waters for the pur- 1 
|830,43 ^ pQgg of taking or destroying fish therein any poisonous substance, simple, 2 



Chap. 130.] fisheries. 1341 

3 mixed or compound, or whoever kills or destroys fish by the use of dyna- g. s. 83, § i. 

4 mite or other explosive, or explodes dynamite or powder in fishing waters, r. L.gV.I m. 

5 shall be punished by a fine of not more than five hundred dollars or by J9?|;4|9' 

6 imprisonment for not more than one year. This section shall not apply 

7 to operations of the United States, the commonwealth or a town, nor 

8 to the use of explosives for raising the body of a drowned person. 

1 Section 152. The mayor of a city or the selectmen of a town may Officers to 

2 designate one or more constables for the detection and prosecution of iss5!'22o,' § 6. 

3 any violation of the laws of the commonwealth relative to shellfisheries. ig's^Mas's^ilo.' 

4 Such constables may arrest without a warrant any person found violat- 

5 ing such laws, and detain him until a warrant for arrest for such viola- 

6 tion may be applied for; and may seize any boat or vessel used in such 

7 violation, and her tackle, apparel, fm'niture and implements, which 

8 shall be forfeited. 

1 Section 153. Actions and prosecutions under the laws relative to Prosecutions 

2 fisheries shall, unless otherwise expressly provided, be commenced chai"er'"^ 

3 within one year after the time when the cause of action accrued or the iglaj'xbs, § 4. 

4 offence was committed. ises, 179, § 3. ]869,3S4, § 32. 

1873, 137, § 1. P. S. 91, § 103. R. I.. 91, § 135. 

1 Section 154. The aldermen, selectmen, police officers and consta- Town officers 

2 bles shall cause the provisions of sections sixty-seven and sixty-nine tain'se'ctions.'^' 

3 to be enforced in their respective cities and towns. is74, 153, 5 3. 

1876, 221, § 2. P. S. 91, §§ 54, 60. R. L. 91, § 1.36. 

1 Section 155. A bounty of two dollars shall be paid to every person Bounty 

2 killing a seal in the ct)mmonwealth pro\ided that within ten days there- CerUficate. 

3 after he exhibits to any town treasurer the whole skin of the seal, with the fiss.'SsV. 

4 nose in the same condition as at the time of the killing, and signs and \f^l\ gf^j jgg 

5 makes oath to a certificate stating the date and place of killing, that Jgjg'lo^ 

6 he killed the seal and that it was killed in this commonwealth. Tiie treas- 

7 urer shall thereupon cause to be cut off and burned the nose of the seal, 

8 wholly destroying it, and shall pay the said bounty, taking the claim- 

9 ant's receipt therefor and shall then forward to the state treasurer the 

10 said certificate with a statement that he has paid the said bounty in 

11 accordance herewith, and that the claimant personally appeared before 

12 him and made oath as aforesaid. The state treasurer shall then pay to 

13 the town treasurer the sum of two and one half dollars, of which sum 

14 fifty cents shall be retained by the town treasurer as a fee for his serv- 

15 ices hereunder. Whoever obtains tiie bounty herein provided for by 

16 a false representation, or whoever brings into the commonwealth a 

17 seal, whether alive or dead which was not taken or killed in this com- 

18 monwealth or in the waters thereof, for the purpose of obtaining the said 

19 bounty, shall be punished by a fine of not less than fifty nor more than 

20 fi^e hundred dollars. 

KELP AND SEAWEED. 

1 Section 156. Any person may take and carry away kelp or other Keip, etc 

2 seaweed between high and low water mark while it is actually adrift in 1859,247. 

3 tide waters; but for such purpose no person shall enter on upland or on p.s.'gi.'s ioa 

4 lawfully enclosed flats without the consent of the owner or lawful oecu- 2 AUeSI'slg.*"' 

5 pant thereof. This section shall not apply to any town where the sub- 

6 ject matter thereof is regulated by special laws. 



1342 



PKESERVATION OF BIRDS AND .\NIMALS, ETC. [Cll.\P. 131. 



Special laws 
not repealed. 
G. S. 83, I 2. 
1869, 384, 
§§ 7, 22, 26. 



Section 157. Tlais chapter shall not affect any pro\isions or penalties 1 
contained or any privileges granted in any special statutes relating to 2 
fisheries in particular places. p. s. 9i, § los. r. l. qi, § i38. 3 



REFERENCES. 

Provisions relating to fishing licenses, Chap. 1.31, §§ 3 to 14, inclusive. 

Leasing Tisbury Great pond, 1910, 529, as amended by 1919, 39. 

Leasing Oyster pond, 1916, 193. 

Special provisions for taking shad or alewives from the Connecticut or Merrimack 
rivers, R. L. 91, §§ 38 to 41, inclusive. 

Taking alewives in Dukes county, R. L. 91, § 43. 

Taking clams and quahaugs in certain towns in Barnstable county, 1915, 128; 
as to other towns, 1904, 269, as amended 1905, 265, § 1. 

Taking clams and quahaugs in Plymouth county, 1916, 35, and 1912, 57. 

Taking clams in Essex county, 1912, 710. 

Weirs, nets, etc., in Buzzards bay, R. L. 91, §§ 121 to 126, inclusive. 

There are many other laws relating to particular localities. 



CHAPTER 131. 



PRESERVATION OF CERTAIN BIRDS AND ANIMALS. 

FISHING LICENSES. 



HUNTING AND 



Sect. 

1. Definitions. 

2. Powers and duties of the director. 

3. Registration of hunters, trappers and 

fishermen. 

4. Certificates, form, term, etc. 

5. Certificates for fishing. 

6. Certificates to minors. 

7. Certain unnaturalized foreign born per- 

sons entitled to certificate. 
Registration fee for citizens. 
Registration fees for non-residents. 
City or town clerk's fee. 

11. Duplicate certificate may be issued. 

12. Record of certificates to be kept. 
Non-resident licensees entitled to carry 

game from the commonwealtli. 

Penalty for false representation, etc. 

List of waters stocked by commission to 
be given clerks. 

Certain unnaturalized foreign born resi- 
dents prohibited from hunting, etc. 

17. Director to be notified of seizure of fire- 

arms, etc. 

18. Arrests. 

19. Penalty for killing mid birds. 

20. Protection of certain wild fowl. 

21. Protection of loons and eagles. 

22. Possession of body or feathers of birds 

penalized. 

23. Protection of gray, European or Hun- 

garian partridges. 

24. Protection of prairie chickens. 

25. Protection of homing pigeons. 

26. Protection of upland plover, wood duck, 

etc. 

27. Protection of heath hen. 



8. 



10. 



13. 



14. 
15. 



16. 



Sect. 

28. Protection of heron or bittern. 

29. Close season for game may be pro- 

claimed in times of drought. 

30. Violations of preceding section penal- 

ized. 

31. Proclamation to be published, etc. 

32. Sunday to be close season. 

33. Close season for woodcock and ruffed 

grouse. 

34. Close season for quail. 

35. Possession prima facie evidence of vio- 

lation. 

36. Bag limit for ruffed grouse, woodcock 

and quail. 

37. Close season for swans, ducks and 

geese. 

38. Bag limit for black ducks. 

39. Close season for shore birds. 

40. Permit to bring birds into the common- 

wealth. 

41. Wild turkeys. 

42. Pheasants. 

43. Open season for pheasants. 

44. Pheasant doing damage may be killed. 

45. Close season, etc., for gray squirrels. 

Bag limit. 

46. Hares and rabbits. 

47. Hares in certain counties. 

4S. Rabliits not to be trapped, etc. 

49. Rabbits may be trapped by farmers. 

50. Penalty for taking, etc., hares or ralj- 

bits. 

51. Close season for certain fur-bearing 

animals. 

52. Buj-ing, selling and possession of such ' 

animals. 



Chap. 131.1 



HUNTING, ETC., LICENSES. 



1343 



Sect. 

53. Training dogs by pursuit of game birds 

and animals in close season allowed. 

54. Restrictions as to setting traps. 

55. Setting traps to protect farms. 

56. Penalties. 

57. Birds, not to be taken by snares, etc. 

58. Poison or wire snares not to be used. 

59. Certain traps not to be used. 

60. Traps not to be used without permis- 

sion of owner of land. 

61. Scented bait not to be used. 

62. Deer not to be killed except when doing 

damage. 

Open season for deer. 

Moose not to be killed. 

Dogs chasing deer. 

Birds or quadrupeds not to be killed 
with rifle, etc., in deer season. 

Damages by deer to be paid by com- 
monwealth. 

Hunting in pubUc parks prohibited. 

Reservations for protection of birds or 
animals. 

Close season on restricted areas. 

Regulations for reservations, etc. 

Enforcement of regulations. 



63 
64 
65 

66, 

67, 
68, 



70. 

71. 
72. 



Sect. 

73. Publication of notice establishing reser- 

vation, etc. 

74. Penalty for hunting on reservation. 

75. Possession of firearms on reservation 

prima facie eWdence of violation. 
Protection of birds by towns. 
Birds illegally killed not to be sent out 

of state. 

78. Extermination of English sparroiv. 

79. Posting land. 

SO. Ownership of artificially propagated 
game. 

81. Sale of wild birds and game forbidden. 

82. Rules for propagation of wild birds or 

game. 

83. License for rearing and sale of such 

birds and game for food. 

84. Revocation of licenses. 
Market man's license. 
Same subject. 

87. Licenses revocable. 

88. Penalties for breach of sections 81 to 86. 

89. Museums, etc., exempt from certain 

sections. Application of certain sec- 
tions. 

90. Canada lynx. 



76. 
77. 



85. 
86. 



1 Section 1. In this chapter the following words shall ha\e the follow- Definitiomi. 

2 ing meanings: 

3 "Commissioner", the commissioner of conservation. 

4 "Department", the department of conservation. 

5 "Deputy", a deputy fish and game warden appointed under section 

6 seven of chapter twenty-one. 

7 "Director", the director of the division of fisheries and game. 

8 "Division", the division of fisheries and game. 

9 "Warden", a fish and game warden appointed under section seven of 
10 chapter twenty-one. 

1 Section 2. The director, wardens and deputies shall have and ex- Powers and 

2 ercise the same powers as to the propagation, protection and preserva- the dfrector. 

3 tion of birds and animals which they have as to fish, subject, however, Hgs] lei'' ^ '^^ 

4 to the supervision and control of the commissioner. 

R. L. 92. § 19. 1919, 350, §§ 39, 43. 153 Mass. 171. 



1 Section 3. No person shall, except as provided in section forty- 

2 four, forty-nine, sixty-two, eighty-two or eighty-three, during the open 

3 season for any bird or quadruped protected under this chapter, hunt, 

4 pursue, take or kill any such bird or quadruped, or fish, except as here- 

5 inafter provided, in any of the inland waters of the commonwealth 

6 stocked by the director or his predecessors since January first, nineteen 

7 hundred and ten, without first having obtained a certificate of registra- 

8 tion as hereinafter provided; provided, that nothing in sections three to 

9 fourteen, inclusive, shall be construed as afi'ecting in any way the general 

10 laws relating to trespass, or as authorizing the hunting, pursuing, taking, 

11 wounding or killing, or the possession of birds or quadrupeds contrary 

12 to law. But said sections shall not prohibit any person who is a legal 

13 resident of the commonwealth from hunting on land owned or leased by 



Registration 
of hunters, 
trappers and 
fishermen, 
100.5,317, § 1. 
1907, 198, 
§§ 1. 2. 

190S, 402. § 1; 
484. §§ 1. 3. 
1909, 202, 
§1;325. 
1910,614, § 1. 
1911.235. § 1: 
614, §§ 1,13. 
1919, 296, 
§§ 1, 14: 
350, § 43. 

Penalty, § 14. 



1344 



HUNTING, ETC., LICENSES. 



[Chap. 1.31. 



Certificates, 

form, term, 

etc. 

1905, 317, § 2. 

1907, 19S, 
§§3,4. 

1908, 402, § 2: 
484, § 2. 
1910,614, § 3. 
1911, 235, §2; 
614, §§ 2. 1.3. 
1917, 26. 
1919, 296, 

§§ 2, 14. 



him or from fishing in any inland waters bordered by such land, pro- 14 
vided that he is actually domiciled thereon, and that the land is used 1.5 
exclusively for agricultural purposes, and not for club, shooting or fish- 16 
ing purposes. 17 

Section 4. The clerk of any toAvn shall, upon the application of any 1 

person entitled to receive a certificate of registration under any of the 2 

classes hereinafter described, upon payment of the registration fee here- 3 

inafter specified, and the furnishing of an affiilavit by any non-resident 4 

desiring to be classified under clauses one, two and tliree of section nine, 5 

register and issue to such person a certificate in the form prescribed upon 6 

a blank furnished by the division. The certificate shall bear the name, 7 

age, occupation, place of residence, and signature and identifying de- 8 

scription of the person thus registered, and shall authorize him to hunt 9 

birds, to hunt and trap quadrupeds and to fish, subject to existing laws. 10 

Said certificate shall be valid for use to and including the following 11 

December thirty-first, shall not be transferable and shall be produced 12 

for examination upon the demand of any person. Failure or refusal to 1-3 

produce said certificate upon such demand shall be prima facie evidence 14 

of the violation of sections three to fourteen, inclusive. 15 



Certificates 
for fishing. 
1919, 296, § 3. 



Section 5. Certificates of registration to fish only may be granted 1 
in any town by any resident thereof designated for the purpose by the 2 
clerk. A person so designated shall be known as deputy registrar for 3 
fishing licenses, in sections three to fourteen, inclusive, called the deputy 4 
registrar, and shall hold office for the term of one year. The deputy 5 
registrars may exercise in their respective towns all the powers of clerks 6 
in respect to fishing certificates, and all the provisions of sections three 7 
to fourteen, inclusive, in relation to the issue of such certificates by clerks 8 
shall apply to their issue by deputy registrars. Upon issuing a certifi- 9 
cate e\ery deputy registrar shall forthwith make return tliereof, witli the 10 
fee, to the clerk. 11 



Certificates 
to minors. 
1911, 235, § 2; 
614, §§ 7, 13. 
1916, 74. 

1919, 296, 
§§8,14. 

1920, 300. 
Op. A. G. 
(1920) 176. 



Section 6. No certificate of registration to hunt and trap shall be 1 

granted to minors under fifteen, but any clerk may issue a certificate to 2 

any minor between twelve and eighteen who is a citizen of the United 3 

States authorizing him to take wild quadrupeds by trap only, in con- 4 

formity with law. Twenty-five cents shall be paid to each clerk for each 5 

certificate to trap issued by him. The clerk of any town may, but need 6 

not as a matter of right, issue a certificate to hunt and trap to a minor 7 

l)etween fifteen and eighteen if he applies therefor in writing and files a 8 

statement signed by his parents or guardian consenting to the granting 9 

thereof, which shall be preserved by the clerk. Minors under eighteen 10 



and women shall not be required to take out a certificate to fish. 



11 



Certain un- 
naturaUzeri 
foreign born 
persons en- 
titled to 
certificate. 
1905, 317, § 2. 
1908, 402, § 2. 
1910,614. § 3. 
1911,614, 
§§ 3, 13. 

Registration 
fee for 
citizens. 
1908,484, § 3. 



Section 7. An unnaturalized foreign born resident owning real estate 
in the commonwealth assessed for taxation at not less than five hundred 
dollars may be granted a certificate of registration. He shall pay for such 
registration a fee of fifteen dollars to the clerk of the town where he resides, 
or for a certificate to fish only a fee of one dollar to the clerk or a deputy 
registrar. I9i5, 240. 1919, 296, §§ 4, 14. 



Section 8. Every citizen of the United States who has been a resident 1 
of the commonwealth for six months next prior to the date of his applica- 2 



Chap. 131.] hunting, etc., licenses. 1345 

3 tiou shall pay for such registration a fee of one dollar to the clerk of the woo, 32.5. § 1. 

4 town from whom he procures his certificate, except that if he desires a louieu,' 

5 certificate to fish only, he shall pay for his registration the sum of fifty 1919, 296, 

6 cents to the clerk or to a deputy registrar. ^^ •*■ ^*- 

1 Section 9. Every citizen of the United States, not a resident of the Registration 

2 commonwealth or not ha\'ing resided therein for a period of six months relkie°nt"°°" 

3 preceding his application for registration, shall pay for said registration ||°2','7.^*' 

4 a fee of ten dollars to the clerk of the town from Avhom he procures his }g°"' f^f 

5 certificate, except that, if he desires a certificate to fish only, he shall pav 5* 1. 13- ' 

• 1913 4 79 

6 to the clerk or a deputy registrar one dollar, or, if he comes within one of loipi 296,' 

7 the three following classes and resides in a state extending similar exemp- 

8 tion to citizens of this commonwealth, he shall pay the fees required by 

9 section eight. 

10 (1) A non-resident citizen of the United States owning real estate 

1 1 situated in the commonwealth assessed for taxation at &ve himdred dollars 

12 or more, or, subject to section six, any minor child of such non-resident. 

13 (2) A non-resident citizen of the United States who is a member of 

14 any association incorporated prior to nineteen himdred and seven for the 

15 purpose of hunting or fishing upon land owned by such corporation; 

16 provided, that such corporation owns real estate in this commonwealth 

17 assessed for taxation at a sum equal to fi^e hundred dollars for each 

18 member and that the membership list of the association shall be filed 

19 with the clerks of the towns where such real estate is situated. 

20 (3) A non-resident citizen of the United States who, on the written 

21 invitation of a member of an association incorporated under the laws of 

22 the commonwealth, attends the meeting of the association for the pur- 

23 pose of hunting foxes only, during a period not exceeding six days; pro- 

24 vided, that the membership list of the association shall be filed with the 

25 clerk of the town where the hunt takes place. 

1 Section 10. The clerk of the town where the registration is recorded SeSks'fee"" 

2 may retain fifteen cents from each such registration fee, including fees };|og' *f^*' 5 3- 

3 paid to the deputy registrar imder section five and fees for certificates wioieUiii. 

4 to trap under section six. 

1911. 614, §§ 6, 13. 1919. 296, §§ 7, 14. 1920, 300. 

1 Section 11. Whoever loses or by mistake or accident destroys his Duplicate 

2 certificate of registration may, upon application to the director accom- may'bTissueti. 

3 panied by an affidavit fully setting forth the circumstances of the loss, Jglg'^e'lfg 

4 receive without charge a duplicate certificate. I4;3o0, §43. 

1 Section 12. The clerk of every town shall record all registrations Record of 

2 in books kept therefor, including records of certificates issued by deputy brkcpt""^ '" 

3 registrars and reported under section five and certificates to trap under Jfio?; j', J; 1 1; 

4 section six, one coupon of which shall be retained by the clerk or deputy ^"J'V""' ^ ^• 

5 registrar as his record. The said books shall be supplied by the division, J;/',?'!'*' 

6 shall be the property of the commonwealth, shall be open to public ii)fi. 614, 

7 inspection during the usual office hours of the clerk, and shall be subject iiii's.'ii^, § 1. 

8 at all times to audit and inspection by the director, by the state auditor, |§\o,TI;' 

9 or by their agents; and every such clerk shall, on the first Monday f|°' ^^ ^®' '^"^ 

10 of every month, pay to the division all moneys received by him for the 4 6p a. g. 152. 

11 said registrations issued during the month preceding, except the record- 

12 ing fee, together with a receipted bill for fees retained under section ten. 



1346 



HINTING, ETC., LICENSES. 



[Chap. 131. 



All remittances shall be made by certified check. United States post- 13 
office money order, ex]3ress money order or in lawful money of the Ignited 14 
States; and every clerk shall, within thirty days succeeding January first 15 
of each year, return to the division all registration books used diu-ing 16 
the year preceding, including all stubs and unused and Aoid certificates. 17 
The director shall furnish the state treasurer with a list of the number IS 
and kind of registrations recorded by each clerk during the pre\ious 19 
month. 20 



ifo°ense^'ra°-' SECTION 13. A non-rcsIdent certificate of registration shall entitle 1 

game fronTthe ^he holder thereof to carry from the conmionwealth into any state accord- 2 

^""monweaith. Jng sJniilar pri\ileges not more than ten birds, the ex]:)ortation of which is 3 

wiijeii; ■ otherwise proliibited by law, and ten pounds of brook trout in any one 4 

year; p^o^^ded, that he shall carry them open to view for inspection, 5 

shall present his certificate for inspection upon demand, and shall have 6 

informed by letter or otherwise the director or the warden in whose dis- 7 

trict he is hunting or fisliing as to the number and kinds of such birds 8 

and fish. 9 



§8 10, 13. 
1919,296. 
§§ 11.14; 
350, § 43. 



Penalty for 
false repre- 
sentation, 
etc. 

190,5, .317, 
§§3,6. 
1907. 198, 
§§ 1, 5. 
190S,4.S4, § 
1911,23.1, 
§3; 614. 
1912,379. 
1913,24'.), 
1919, 29t;, 
350, J§ 39, 40 
43. 

3 Op. A. G. 514 
Op. A. (1. 
(1919) 96, lOr., 



11. 



12; 



Section 14. Whoever makes a false representation as to birthplace, 1 

requirements for identification, or of facts relati^■e to property qualifica- 2 

tions, or natiu^alization, or otherwise violates any provision of sections 3 

three to fourteen, inclusi^•e, or is in any way directly or indirectly a party 4 

thereto, shall be punished by a fine of not less than ten nor more than 5 

fifty dollars or by imprisonment for not more than one month, or both. 6 

The certificate of any person convicted of a \'iolation of the fish and 7 

game laws or of any pro\'ision of sections three to fourteen, inclusi^•e, 8 

shall be void, and shall immediately be surrendered to the officer securing 9 

such con^•iction. The officer shall forthwith forward the certificate to 10 

the director, who shall cancel the same and notify the clerk issuing the 11 

certificate of the cancellation thereof, and no person shall be given a 12 

certificate during the period of one year from the date of con\'iction. 13 

Any certificate issued to such person within one year of his con\'iction as 14 

aforesaid sliall be Aoid, and shall be surrendered on demand of any 15 

officer authorized to enforce the fi.sh and game laws. No fee received for 16 

a certificate cancelled under this section shall be returned. 17 



Section 15. The director shall furnish all clerks with a list of inland 



List of waters 
stocked by 

be'eiven'°° '" "^^'^ters stocked by him or his pretlecessors with fish since January fii-st, 
igig^izqe 5 is- ^1""^^*^^" hundred and ten, and annually on or before January first a list 
350,|§39,'40,43; of inland waters stocked by him with fish diu-ing the preceding year. 



Certain un- 
naturalized 
foreign born 
residents pro- 
hibited from 
hunting, etc. 
1915, 240, 
§ 1,2. 

232U,S. 13S. 
Op. A. G. 
(1920) 87. 



Section 16. No unnaturalized foreign born person who has resided 1 

■ftitliin the commonwealth for ten consecutive days, who does not own 2 

real estate in the commonwealth to the value of fi\-e hundred dollars or 3 

more, shall hunt, capture or kill any wild bird or animal of any descrip- 4 

tion, excepting in defence of the person, and no such person shall, within 5 

the commonwealth, owti or have in his possession or under his control 6 

a shotgun or rifle; any shotgun or rifle owned by him or in his possession 7 

or under his control shall be forfeited to the commtrnwealth. \'iolations 8 

of this section shall be punished by a fine of fifty dollars or by imprison- 9 

ment for not more than one month, or both. 10 



Chap. 131.] preservation of birds and animals. 1347 

1 Section 17. Notice of the seizure of any firearm owned by or found P're'^to'- .^ ^ 

,, . -. IP •!• .. tobe notined 

2 in the possession or under the control or any person violating any provision of seizure ot 

3 of the preceding section shall he sent to the director by the officer making ims^wf §'^3. 

4 the seizure immediately after the guilt of such person shall be established §§'39,\a'43. 

5 by a final adjudication in any prosecution brought against him for such 

6 violation, and any firearm so seized shall be sold, at the discretion of the 

7 director, who shall pay the proceeds to the commonwealth. 

1 Section IS. The director, wardens, deputies, members of the state Arrests. 

2 police, and all other officers qualified to serve criminal process shall ion', mV. 1 13. 

3 arrest, without warrant, any person found with a shotgun or rifle in his Ji^Jg' Is"; ^ *' 

4 possession if they have reason to believe that he is a foreign born per- || ^^^ *^^^ 

5 son described in section sixteen. If the arrest be made upon Sunday, W2. 

6 the person so arrested may be committed for safe keeping to a jail or 

7 lockup for that day; but he shall be taken before a magistrate and 

8 proceeded against on the next day; and any such officer may, if he has 

9 reason to believe that a shotgun or rifle is being concealed by a foreign 

10 born person described in section sixteen, apply to any court having juris- 

11 diction of the ofi'ence, and the court, upon receipt of proof, made by affi- 

12 davit, of probable cause for believing that there is such concealment by 

13 such person, shall issue a search warrant and cause a search to be made 

14 in any place where such shotgun or rifle may be concealed; and to that 

15 end the said officer may, after demand and refusal, cause any building, 

16 room, enclosure or car to be broken open and entered, and any receptacle 

17 to be opened and its contents examinefl. 

1 Section 19. Whoever, except as provided in section thirty-three, Pmaity for 

2 thirty-four, thirty-seven, thirty-nine, forty-three, forty-four or se-\^enty- birds^ "' 

3 two, takes or kills or has in his possession a wild or undomesticated bird J'g'70; 304; 1 1'. 

4 except an English sparrow, crow blackbird, crow, jay, starling, the fol- Jg79'|oi,\''5 

5 lowing named birds of prey, — sharp-shinned hawk, cooper's hawk, gos- p s 92, § e. 

6 hawk, red-tailed hawk, red-shouldered hawk, duck hawk, pigeon hawk, isise] arb, § 4. 

7 barred owl, great horned owl and snowy owl, • — and fresh M'ater or sea loosi 2S7. 

8 fowl not named in said sections, or wilfully destroys, disturbs or takes a \l°l] |o°' ^ '" 

9 nest or eggs of any wild or undomesticated bird, except such as are not 55^39^/0 '43 

10 protected by this section, shall be punished by a fine of ten dollars for i9-o. 20s'. 

11 each bird taken, killed or had in possession or for each nest or egg dis- 

12 turbed, destroyed or taken; but a person OA'er twenty-one, who has a 

13 certificate from the commissioner or from the president of the Boston 

14 Society of Natural History that he is engaged in the scientific study of 

15 ornithology or is collecting in the interests of a scientific institution, may 

16 at any season take or kill a wild or undomesticated bird, except woodcock, 

17 ruffed grouse and quail, or take the nests or eggs of such bird; but this 
IS section shall not authorize a person to enter upon private grounds with- 

19 out the consent of the owner thereof for the purpose of taking nests or 

20 eggs or killing birds. The commissioner or the president of said society 

21 may at any time revoke said certificate. The provisions of this section 

22 as to certificates shall not apply to the birds mentioned in sections 

23 twenty-one, twenty-three, twenty-four, twenty-six and twenty-seven. 

1 Section 20. Wlioever, except as provided in section thirty-three, protection of 

2 thirty-four, thirty-se^'en, thirty-nine, forty-three, forty-four or seventy- {Xi°' '"''^ 

3 two, captures or has in possession a wild or unrlomesticated bird except }gof'25o' § 2 

4 those specified in section nineteen, and birds not found wild within the 



1348 



PRESERVATION OF BIRDS AND ANIMALS. 



[ClL\P. 131. 



commonwealth, shall be punished by a fine of ten dollars. Possession of 5 

the wild or undomesticated birds specified in this section shall be prima 6 

facie evidence that they have been captured and are held in possession 7 

contrary to law. 8 



^oma'nd""' SECTION 21. Whoever hunts, captures, wounds or kills a loon in or 1 

eae'es- upon fresh water, or an eagle in any place, shall be punished by a fine of 2 

twenty dollars. 3 



Possession of 
body or 
feathers of 
birds penalized. 

1897, 524. 

1898, 339. 

R. L. 92, § 8. 

1903, 329. 

1 Op. A. G. 478. 



Section 22. Whoever, except as pro\ided in section eighty-nine, 
has in possession the body or feathers of a bird, the taking or killing 
of which is prohibited by section nineteen, whether taken in tlie com- 
monwealth or elsewhere, or wears such feathers for the purpose of dress 
or ornament, shall be punished by a fine of ten dollars; but this section 
shall not apply to non-residents of the commonwealth passing through 
it or temporarily dwelling therein. 



Protection of 
gray, European 
or Hungarian 
partridees. 
1911, 19, 
§§ 1. 3. 



Section 23. No person, except as provided in sections eighty-two, 
eighty-three and eighty-six, shall hunt, pursue, take or kill, sell or offer 
for sale, or have in possession the bird known as perdix cinerea, com- 
monly called Hungarian partridge, gray or European partridge. Viola- 
tions of this section shall be punished by a fine of not more than fifty 
dollars for each bird or part thereof in respect to which such violation 
occurs. 



Protection 
of prairie 
chickens. 
1906, 304. 



Section 24. No person shall buy, sell or otherwise dispose of or 
have in possession a prairie chicken, scientifically known as tympanuchus 
Americanus and as pedioecetes phasianellus, or any part thereof, when- 
ever or wherever taken. Violations of this section shall be punished by 
a fine of twenty dollars for each bird or part thereof in respect to which 
the violation occurs. 



Protection of 

homing 
pigeons. 
1911, 198. 



Section 25. No person, except the owner, shall catch, detain, shoot 
or kill, injure or in any way interfere with a homing or carrier pigeon, 
or remove any identification mark, band or other thing from it. Viola- 
tions of this section shall be punished by a fine of not less than twenty- 
five nor more than fifty dollars for each bird in respect to which the Aiola- 
tion occurs. 



Protection 

of upland 

plovei, 

wood duck, 

etc. 

1817, 103, § 

1821, 10, § 1 



Section 26. Whoever takes or kills a Bartramian sandpiper, also 
called upland plover, a wood duck, a Carolina or mourning do\e, a gull 
or a tern shall be punished by a fine of not less than ten nor more tiian 
fifty dollars for every bird so taken or killed. 



1835, 136, § 1. 
R. S. 53, §§ 1,5. 

1849, 158, §§ 2-4. 

1850, 29B. 

G. S. 82, §§ 5, 10. 
1809, 241), § 4. 
1870, 3CM, § 4. 



1877, 95, § 3. 
1S79, 209, §§ 3, 4. 
1881, 297, § 3. 
P. S. 92, §§ 4, 5. 
1888, 27«, § 2. 
1901, 178. 
R. L. 92, § 5. 



1903, 162. 
1905, 414. 
1900, 274. 
1907,99. 

1909, 508, § 3. 

1910, 472. 
1916, 15. 



Protection of 
heath hen. 
1900, 141. 
1911, 18. 
1916, 15. 



Section 27. Whoever takes or kills a heath hen shall be punished by 1 
a fine of not less than twcnty-fi\'e nor more than one hundred dollars for 2 
every bird so taken or killed. 3 



Chap. 131.] preservation of birds .^nd .animals. 1349 

1 Section 28. Whoever, except as provided in section eighty-nine, Protection 

2 takes or kills a heron or bittern, or has in possession any such bird or part bitter™ ""^ 

3 thereof, whenever or wherever taken, shall be punished by a fine of not ^^'^^•^*^-- 

4 more than ten dollars for every bird so taken or killed, or bird or part 

5 thereof so had in possession. Nothing in this section shall prevent the 

6 owner or keeper of any trout pond or trout hatchery from killing any 

7 heron or bittern engaged in the act of destroying fish. 

1 Section 29. Whenever, during an open season for the hunting of Sr°game may 

2 any kind of game, it shall appear to the governor that by reason of extreme -Jf t'J™^,"''^™'^'* 

3 drought the use of firearms is likclv to cause forest fires, he mav, by proc- drought. 

. ' ^ ' i' ' i' Jr 1909 422 § 1 

4 lamation, suspend the open season and make it a close season for the 

5 shooting of birds and wild animals of every kind for such time as he may 

6 designate, and may prohibit the discharge of firearms on or near forest 

7 land during the said time. 

1 Section 30. During the time designated as above by the governor, violations of 

2 all laws relating to the close season shall be in force, and whoever violates section'^^ 

3 any provision thereof shall be subject to the penalty prescribed therefor. i9S9j'|22', § 2. 

4 Whoever, during a close season proclaimed as aforesaid, discharges a 

5 firearm on or near forest land, or shoots any wild animal or bird, as to 

6 which there is no close season other-s\-ise provided by law, shall be pmiished. 

7 by a fine of not more than one hundred dollars. 

1 Section 31. A proclamation issued under section twenty-nine shall fjbe'"ub^'°° 

2 be published in such newspapers and posted in such places antl in such lished, etc. 

3 manner, under the direction of the department, as the governor may i9i9[ 350,' § 39. 

4 order. 



1 Section 32. Sunday shall be close season. No person shall set traps, Sunday to be 

2 hunt or destroy birds, wild animals or game of any kind on Sunday, isll, m°°' 

3 except that animals caught in traps may be removed provided said traps ^04! 1*76.^ ^' 

4 are not reset or baited. Whoever violates this section shall be punished i9is,53. 

5 by a fine of not less than ten nor more than twenty dollars in addition to 

6 any penalties for taking, killing or having in possession birds, wild animals 

7 or game protected by law. 

1 Section 33. Except as pro\-ided in section fifty-three, no person, close seaBon 

2 except between the twentieth of October and the twentieth of November, and^rufled"^ 

3 both inclusive, shall hunt, pursue, take or kill a ruffed grouse, commonly i8°i7rio3, § 1. 

4 called partridge, or a woodcock, or have the same, or any part thereof, fs'J'.^ilsf §'2. 

5 in possession, whenever or wherever the same may have been taken or J|50' 296. ^ 

6 killed; and no person, except as pro\-ided in section thirteen, shall at g. s.'s2 §1. 

7 any time transport or cause to be transported out of the commonwealth ises! 126! 

8 the above named birds, or have in possession any such bird ^-ith intent is-b! 304] § i. 

9 so to do. 1S74, 77, 5 1. 1877, 95, § 1. 1879, 209, § 1. 

1881, 297, § 1. 1S9S. 195. 1912, 203. 

P. S. 92. §§ 1,2. 1900,379, §§ 1,2, S. 1917, 170, § 1. 

1886, 270, §§1,3. R. L. 92, §§ 2, 21. 1919, 153, § 1. 

1888, 292. 1903, 206. 128 Mass. 410. 

1890, 240, § 12. 1908, 441, §§ 1,4. Op. A. G. (1920) 107. 

1891, 142. 1909, 272. 

1893, 189. 1910, 30.5. Penalty, § 34. 

1894, 205. 1911, 236, §§ 1, 2. 

1 Section 34. Except as pro\4ded in section fifty-three, no person, Close season 

2 except between the twentieth of October and the twentieth of November, isu^ios, § i. 

3 both inclusive, shall hunt, pursue, take or kill a quail, or have the same fsss, i97,\^i. 



1350 



PRESERVATION OF BIRDS AND ANIMALS. 



[Chap. 131. 



G.S. 
1865, 
1867, 
1868, 
1869, 
1871, 
1879, 
1S81, 
P. S. 
1886, 
§§1, 
1888, 
1890, 
1893, 
1894, 
1S98, 



82. § 1. 

158. 

257. 
.126. 

246, § 2. 

260. 
, 209, § 1. 

297, § 1. 
92, § 1. 
,276, 
3. 

292. 
, 249, § 1. 

189; 398. 
,205. 

195. 



or any part thereof in possession, except as pro\-ided in section eighty- 4 
two, eighty-tliree or eighty-six; and no person, except as pro\'ided in 5 
section thirteen, shall at any time transport or cause to be transported 6 
out of the commonwealth a cjuail taken or killed within the common- 7 
wealth, or have in possession quail with intent so to do, except quail arti- 8 
ficially propagated as provided in section eighty-two or eighty-three. 9 
Whoever violates this or the preceding section shall be punished by a 10 
fine of twenty dollars for each bird or part thereof in respect to which 11 
the violation occurs. i9oo, 379, §§3,5. r. l. 92, §§ 2, 3, 21. 12 



1902. 165. 

1903, 206. 

1905, 406. 

1906, 303. 
1908, 441, 



i 1.3,4. 



1909, 272. 

1910, 365. 

1911, 356, |§ 1, 4, 5. 

1912, 270. 
1917, 170, § 2. 



1919, 153, § 2. 
128 Mass. 410. 
161 U. .S. 519. 
Op. A. G. (1920) 107 



Possession 
prima facie 
evidence of 
violation. 
1906, 303, § 3. 
1908, 441, 
§§3,4. 

1911, 236, 5§ 2, 
3; 356, §§4.5. 



Section 35. The possession contrary to either of the two preced- 
ing sections of ruffed grouse, woodcock or cjuail during the season when 
taking or killing is prohibited by law shall be prima facie evidence that 
the person having possession has violated some provision of the two 
preceding sections. 



Bag limit for 
ruffed grouse, 
woodcock and 
quail. 
1912, 523, 
§§1.2. 



Section 36. No person shall take or kill more than three ruffed 1 

grouse in one day, or more than fifteen in one year; more than four wood- 2 

cock or quail in one day, or more than twenty in one year, ^'iolations of 3 

this section shall be punished by a fine of twenty dollars for each bird 4 

in respect to which the violation occurs. 5 



Close season 
for swans, ducks 
and geese. 
1830, 69. 
R. S. 63, § 1. 
1837, 170. § 1. 
1844, 156, § 1. 
G. S. 82, § 6. 

1869, 246, § 3. 

1870, 304, 
§§2,3. 
1875, 172. 
1877, 95, 
§§2,7. 
1879, 209, 
§§2,9. 
1881, 297, 
§§ 1. 2. 



Section 37. Whoever, except as provided in sections forty and eighty- 1 

nine, kills a swan at any time, or pursues, hunts, takes or kills any other 2 

of the anatidse, commonly known as wild geese, brant, ducks and teal, 3 

between January sixteenth and September thirtieth, both inclusive, in 4 

Barnstable, Bristol, Dukes or Nantucket county, or between December 5 

thirty-first and September fifteenth in any other county, or buys, sells, 6 

offers for sale or has in possession any such bird or part thereof during 7 

the time when the taking or killing of them is prohibited by law, when- 8 

ever or wherever said birds may be taken or killed, shall be punished by 9 

a fine of not less than twenty dollars. 10 



P. S.92, §§ 1,3. 

1886, 276, §§ 1, 3. 
1888, 292. 

1890, 249, I 1. 

1891, 142. 



1893,189; 398. 
1894, 205. 
1S98, 195. 
1900, 379, §§ 4, 5. 
R. L. 92, § 4. 



1906, 301, §§ 1-3. 
1909,421, §§ 1,4. 
• 1917, 73, § 1. 
128 Mass. 410. 



Bag limit 
for black 
ducks. 
1911, 188. 



Section 38. No person shall take or kill more than fifteen black 1 

ducks in one day. Violations of this section shall be punished by a fine 2 

of not less than twenty dollars for each bird in respect to which the 3 

violation occurs. 4 



Close season 
for shore birds. 
1817, 103, § 1. 
1821, 10, § 1. 
1835, 136, § 1. 
R. S. 53, 
§§1,5. 

1849, 158, 
§§ 2-4. 

1850, 290. 
G. S. 82, 
§§ 5, 10. 
1867, 257. 
1869, 246, § 4. 



Section 39. Whoever, except as provided in sections forty and 1 

eighty-nine, takes, kills or pursues with intent to kill, or has in possession 2 

any of the limicolce, known as peeps, plover, snipe or sandpipers, or 3 

any of the rallidie known as rails, gallinules and quarks or mud hens, all 4 

of which birds are known collectively as shore, marsh or beach birds, 5 

between December thirty-first and August first, or a piping plover or a 6 

kildeer plover at any time shall be punished by a fine of not less than 7 

twenty dollars. isvo, 304, § 4. 8 



1877, 95, § 3. 
1879, 209, §§ 3, 4. 
ISSl, 297, I 3. 



P. .S. 92, § 4. 
R. I,. 92, § 5. 
1903, 162. 



1905, 414. 

1907, 99. 

1909, 508, §1 1, 3, 4. 



Chap. 131.] preservation of birds and animals. 1351 

1 Section 40. Any resident of the commonwealth may apply to the Permit to 

2 director for a permit to bring into the commonwealth any of the species intSlhc'^com- 

3 of birds named in sections tliirty-seven and thirty-nine, during the close 5'909*42'i',''§ 2; 

4 season above provided, to a number not exceeding fifty birds in one J^gigfg^,-,, 

5 year, and the director may grant such permits upon such conditions §'§39, 4o,'43. 

6 and for such terms as he may deem expedient, and he may suspend or 

7 revoke a permit so granted. 

1 Section 41. Whoever imports into or liberates within the common- wiid turkeys. 

2 wealth aiiy wild turkey infected with the disease termed coccidiosis or §§ 2,'3. ' 

3 entero-nepatitis, commonly known as " black head", or imports any living §§'^|9,^|o;43. 

4 wild turkey except under a special written permit from the director shall 

5 be punished by a fine of twenty dollars. 

1 Section 42. No person shall hunt, pursue, take or kill, sell or offer Pheasants. 

2 for sale, or have in possession, a pheasant of any kind, or the flesh of any 1900! 64! 

3 pheasant, except as provided in the two following sections or in section JlosiTl, ^ '*'' 

4 fifty-three, eighty-three or eighty-five. Whoever violates tliis section JgoH^f; 

5 shall be punished by a fine of not more than fifty dollars for each bird or §§ !• 3. ■»• 

6 part thereof in respect to which the violation occurs. 1909,309, §§ 1,3,4. 

1 Section 43. The commissioner may declare an open season on Open season 

. , , 1 • I 1 1 for pheasants. 

2 pheasants m any county where such open season seems advisable, and loos, 477, § 2. 

3 may make such rules and regulations relating to bag limit, time and §'§2,' 4. ' 

4 length of open season and varieties to be taken, and all other matters §'"|;|'^''' 

5 connected with such open season as he may deem necessary or expedient; jfY'a"'' 

6 provided, that any person may hunt, pursue, take or kill pheasants ||'|^_^|o' 

7 artificially propagated under section eighty-two or eighty-three on land 

8 owned or leased by him. Whoever violates any such rule or regulation 

9 shall be punished by a fine of not more than fifty dollars for each bird 
10 or part thereof in respect to which the violation occurs. 

1 Section 44. A person may capture, pursue, wound or kill, upon land ^0^^^ ^"'^^^^5 

2 owned or occupied by him, a pheasant which he finds in the act of doing JJf^^ ''/gj'"'^- 

3 damage to any crop on cultivated land or may authorize a member of §| 2,' 3. 

4 his family or person permanently employetl by him on such land so to do. §'§ 39, 40.' 

5 The person by whom or under whose direction a pheasant is so captured, 

6 wounded or killed shall within twenty-four hours make a written report 

7 to the director, stating the time, place and the number of pheasants so 

8 captured, wounded or killed. Failure to make such report shall be pun- 

9 ished by a fine of not more than fifty dollars. 

1 Section 45. Whoever, except between October twentieth and No- ciose^season, 

2 vember twentieth, both inclusive, hunts, takes or kills a gray squirrel, squirrels. 

3 or takes or kills at any time a gray squirrel by means of a trap, net or is-g.'m 5 8. 

4 snare, or for the purpose of killing a gray squirrel constructs or sets a fsse.^re! §5. 

5 trap, snare or net shall be punished by a fine of not less than ten nor }9oi;^o2. 

C) more than twenty-five dollars. This section shall not apply to the '/,Jo^- ^jr^^ "• 

7 owner or occupant of any dwelling house or other building finding any ifioo' 4B6' § 2. 

8 gray squirrel doing substantial damage to the same, or to any fruit tree, 191 1', 172. 

9 grain or other growing cultivated crop. Whoever takes or kills more iglilMo. 

10 than five gray squirrels in one day or more than fifteen in one year shall J^JJ' J™; | f 

11 be punished by a fine of twenty dollars for each squirrel so taken or killed. 



1352 



PRESERVATION OF BIRDS AND ANIMALS. 



[Chap. 131. 



Hares and 
rabbits. 
1879, 209, § 8 
P. S. 92. § 9. 
1888, 276, § 5 
1894, 97. 
1901, 102. 
R. L. 92, § 9. 
1907, 166. 
1908,413. 
1909, 466, 
§§1,2. 
1911, 118, 
§§1,4. 
1914, 120. 
1917, 170, § 4 
196. 

1919, 1.53, § 4 

1920, 425, 
§5 1, 3, 5. 



Section 40. No person, except as provided in sections forty-nine, 1 
fifty-tliree and eigiity-two to eighty-eight, inchisive, shall hunt, take, 2 
kill or have in possession a hare or rabbit except between October .3 
twentieth and January thirty-first, both dates inclusive, or diu-ing 4 
the open season take or kill more than two northern varying hares, 5 
otherwise known as Canada hares, snow-shoe rabbits or white rabbits, 6 
or more than five rabbits in any one day, or have in possession more 7 
than two of the said hares or five of the said rabbits taken or killed in 8 
any one day; nor shall any person at any time buy, sell, offer for sale or 9 
have in possession for the purpose of sale a hare or rabbit taken or killed 10 
in this commonwealth, but during the open season in tliis common- 11 
wealth hares or rabbits lawfully taken without the commonwealth may 12 
be sold; provided, that the sale thereof is lawful in the state or country 13 
in which they were taken. This section shall not apply to European hares 14 
in the county of Berkshire which may be taken or killed at any time. 15 



Hares 
in certain 
countiea. 
1920, 425, 
§§ 2, 5. 



Section 47. In Barnstable, Dukes, Nantucket and Norfolk coun- 
ties, hares may not be taken, killed or had in po.ssession except as 
provided in sections forty-nine and eighty-two to eighty-eight, inclusive, 
till April twentieth, nineteen hundred and twenty-three, except that 
they may be had in possession in such counties if they were taken or 
killed in another state or country without violating the laws thereof. 



Rabbits not 
to be trapped, 
etc. 

1874, 57. 
1879, 209, § 6. 
1881, 297, § 4. 
P. S. 92, § 7. 
1886, 276, § 6. 
1891, 254. 
1898, 124. 
R. L. 92. § 11. 
1906, 241, 

1909, 328. 

1910, 533. 
§§ 2, 4, 5. 

1911, 118, 
§§ 2,4.5. 

1919, S3. 

1920, 425, § 4. 



Section 48. No person shall remove or attempt to remove a hare 1 
or a rabbit from any hole in the ground, stone wall, from under any ledge, 2 
stone, log or tree, and, except as provided in the following section, 3 
no person shall take or kill a hare or a rabbit by a trap, snare or 4 
net, or for that purpose construct or set a trap, snare or net, or use a 5 
ferret. The possession of a ferret in a place where hares or rabbits might 6 
be taken or killed shall be prima facie evidence that the person ha^■ing 7 
the ferret in possession has used it for taking and killing hares or rab- 8 
bits contrary to law. Ferrets used in violation hereof shall be confis- 9 
cated. Whoever, except as provided in section fifty, violates tliis section 10 
shall be punished by a fine of not less than five nor more than fifty dollars. 11 



bj'tra*^ ed^by Section 49. The tliTce preceding sections shall not be construed to 

i^'i^'^^nn prohibit farmers and fruit growers from trapping rabbits in box traps at 

i9oo', 379', § 1. any time during the year; provided, first, that such trapping is done on 

R. l! 92, § 12. land owned or leased by the person setting the trap and used for the raising 

i9io!633; of fruit, vegetables or other products by the person so trapping; second, 

19U, us, § 3 that the person so trapping shall first have made an affida\'it before a jus- 

1919, 350, § 43. i[(.Q of the peace that hares or rabbits have injured fruit, ^'egetables or 

other products on his said premises and shall have forwarded the affida\it 

so made to the director; and tliird, that the said director has issued to 

him a permit so to trap. No person shall barter or sell hares or rabbits 

trapped in accordance here\nth. Wioever violates this section shall be 

punished by a fine of not more than ten dollars. 



1 
2 

3 
4 
5 
6 

7 

8 

9 

10 

11 

12 



Penalty for 
taking, etc., 
hares or 
rabbits. 
1.874, 57. 
1879, 209, 
§§ 6, 8. 



Section 50. Wlioever takes, kills or has in possession a hare or rab- 1 

bit contrary to any provision of section forty-six, forty-seven or forty- 2 

eight shall be punished by a fine of not more than twenty dollars for 3 

every animal so taken, killed or had in possession. 4 



P. s. 


92, §§ 7, 9. 


1894, 


97. 


1886, 


,276, §§5,6. 


1901, 


102. 


1S91, 


254. 


R. L. 


92, 



(9, 11. 



1906, 241. 

1907, 1611. 

1909, 328; 466, §§ 2, 3. 



1910, 533, §§ 4. 5. 

1911, lis, §§ 4, 5. 
1920, 425, I 4. 



ClL-VP. 131.] PRESERVATION OF BIRDS AND ANIMALS. 1353 

1 Section 51. Except in Dukes and Nantucket counties, no person ciose season 

2 .shall, except as provided in the two following sections and in sections fur-beaHng 
•3 eighty-one to eighty-eight, inclusive, hunt, take or kill or have in pos- iSlg'^'ge, § i. 

4 session the living or dead bodies or parts thereof of minks, otters, musk- JFf'o^J' 

5 rats, skunks or raccoons except between November first and March first, 

6 both dates inclusive, by shooting or trapping, provided that muskrats 

7 may also be so taken in April and raccoons may also be taken with the 

8 aid or by the use of dogs or guns in October, but not more than twenty- 

9 five raccoons shall be taken by one person in one season. 

1 Section 52. The bodies or skins of such animals which have been Buj-ing, 

2 legally taken or legally propagated in the commonwealth or legally taken posLe?sL"n of 

3 and transported from any other state or country which does not prohibit i92o,''437l''§\ 

4 their sale or export may be bought, sold or had in possession at all times. 

1 Section 53. For the purpose of training hunting dogs which are duly Training dogs 

2 licensed, no person duly licensed to hunt or trap shall be deemed guilty of gan'e bir'il"^ 

3 a violation of the game laws forbidding the hunting or pursuing of wild fn eio"™'''^ 

4 birds or wild quadrupeds by reason of the fact that he trains said dogs on |ffJ;°.J|j 

5 said birds and quachupeds between September first and March first, both i92o, 437, § e. 

6 dates inclusive; provided, that no birds or animals protected by law are 

7 killed or injm'cd and that no firearm is had in possession by any person 

8 so training dogs or by any person accompanying him. 

1 Section 54. No person shall set or maintain any trap on the im- Restrictions 

2 proved land of another, or on land posted as proA'ided in section seventy- t^apl*""'"^ 

3 nine, ^^■ithout the written consent of the owner or occupant, nor shall ^^"°' *^^' ^ ^• 

4 any trap be placed in a public \\ay, cart road or path commonly used 

5 as a passageway for human beings or domestic animals. No trap shall 

6 be placed within ten feet of a muskrat house, nor shall a muskrat house 

7 be torn open, disturbed or destroyed. Every trap shall be marked 

8 with the name of the owner in such a manner that it shall be legible at 

9 all times. All traps shall be removed at the close of the open season 

10 on fur-bearing animals provided in section fifty-one. Any trap set in 

1 1 \iolation of law shall be confiscated by any officer empowered to enforce 

12 the fish and game laws and shall be declared forfeited and sold by 

13 the director, or at his order, and the proceeds shall be paid to the 

14 commonwealth. 

1 Section 55. Owners of property, wliich has been damaged or injured foprofecr"^ 

2 or which the owners reasonably belie\e is likely to be injured by any jgog^^j^ . ^ 

3 wild quadruped, except deer, may, at any time and in such manner as 

4 may be necessary to protect said property from said animals, place traps 

5 of the size and kind not forbidtlen by section fifty-nine on the said land, 

6 provided that the carcasses and skins of all animals so taken during 

7 other than the open season shall not be sold. 

1 Section 56. Violation of any provision of sections fifty-one to fifty- Penalties. 

2 five, inclusive, shall be punished by a fine of not less than ten nor more 1920] 437, 

3 than one hmidred dollars, in addition to any other penalty or forfeiture ^* '^' ^' 

4 which may be imposed for taking, killing or ha\'ing in possession any 

5 birds or animals at times or bv means contrarv to law. 



1354 



PRESERVATION OF BmDS AND ANIMALS. 



[Chap. 1.31. 



Birds, not to 
be taken by 
snares, etc, 
1835, 136, § 2. 
R. S. 63, § 6. 
1855, 197, § 2. 
G. S. 82, 
§§2,11. 
1870, 304, § 6. 
1877, 95. § 5. 
1879, 209, § 6. 
1881. 297, § 4. 
P. S. 92, § 7. 
1886, 276. § 6. 

1891, 254. 

1892, 102. § 2. 
1897, 184. 
1901, 174. 

R. L. 92. I 11. 
1906, 241. 



Section 57. Wlioever takes or kills a wikl bird or water fowl, for 1 
^vhich a close season is provided, by means of a trap, net or snare, or, for 2 
the purpose of killing a wild bird or water fowl, so protected by law, .3 
constructs or sets a trap, net or snare, or pursues, shoots at or kills any 4 
wild fowl, or any of the so called shore, marsh and beach birds, with a 5 
swivel or pivot gun, or by the use of a torch, jack or artificial light, or 6 
by the aid or use of any ^'chicle, boat or floating de\ice propelled by 7 
steam, naphtha, gasoline, electricity, compressed air, or similar motive 8 
power, or mechanical means other than sails, oars or paddles, except 9 
such boats or floating de\'ices Avhen at anchor, shall be punished by a fine 10 
of not less than five nor more than fifty dollars. i909, 328. 1 1 

1, 4. 



1910, 533, 

1911, 101. 



1916, 110. 
1919, 65; 83. 



1920, 437. 

3 Op. A. G. 189. 



Poison or wire 
snares not to 
be used. 
1913,626, § 1. 



Section 58. Whoe\er places poison in any form whatsoever for 1 

the purpose of killing any animal, or constructs, erects, sets, repairs or 2 

tends any wire snare for the purpose of catching or killing any animal, 3 

shall be punished by a fine of not more than one hundred dollars; pro- 4 

vided, that this section shall not prohibit any person from placing in or 5 

near his house, barns or fields poison intended to destroy rats, woodchucks 6 

or other pests of a like nature, or insects of any kind. 7 



Certain traps 
not to be used. 
1913. 626, § 2. 



Section 59. Whoever sets, places, maintains or tends a steel trap 1 

with a spread of more than six inches, or a steel trap with teeth jaws, or 2 

a "stop-thief" or choke trap with an opening of more than six inches, 3 

shall be punished by a fine of not more than one hundred dollars. 4 



Traps not to 

be used witli- 

out permission 

of owner of 

land. 

1913, 626, 5 3. 



Section 60. Whoever sets, maintains or tends a steel trap on enclosed 1 

land of another, without the written consent of the owner thereof, or 2 

whoever fails to visit at least once in twenty-four hours a trap set or main- 3 

tained by him shall be punished by a fine of not more than twenty dollars. -4 



Scented bait 
not to be 
used. 
1911, 215. 



Section 61. Whoever sets, places or locates a trap or snare of any 
kind with scent or scented bait upon or near the premises of another, 
without the consent of the owner or occupant of said premises, shall be 
punished by a fine of not more than fifty dollars or by imprisonment for 
not more than one month, or both. 



Deer not to 
be killed 
except when 
doing damage. 
1898, 151. 
R. L. 92, § 17. 
1903, 245. 
1905,419. 

1907, 307. 

1908. 377. 
190'J, 396. 
1910,545, 
§§ 1.4,5. 
1913, 529. 
§§ 1.4,5. 
1914.453. 
1919, 350, 

§§ 39, 40, 43. 

lOp.A.G. 

523. 

4 Op. A. G. 

512. 



Section 62. Whoever, except as provided in tliis and the following 1 
section, hunts, pursues, wounds or kills a deer, or sells or offers for sale, or 2 
has in possession for the purpose of sale, a deer or the flesh of a deer cap- 3 
tured or killed in the commonwealth shall be punished by a fine of not 4 
more than one hundred dollars; provided, that this section shall not 5 
apply to a tame deer belonging to any person and kept on his own prem- G 
ises; and provided, further, that any farmer or other person may, on land 7 
owned or occupied by him, or, witli the consent of the owner, upon land 8 
adjacent thereto, pursue, wound or kill any deer which he has reasonable 9 
cause to believe has damaged or is about to damage crops, fruit or or- 10 
namental trees, except grass growing on unculti\'ated land; and he may 11 
autliorize any member of his family, or any person employed by him so 12 
to pursue, wound or kill a deer under the circumstances abo\'e specified. 13 
In the event of the wounding or killing of a deer as aforesaid, the person 14 
by whom or under whose direction the deer was wounded or killed shall, 15 
within twenty-four hours thereafter, send to the director a written report, 16 



Chap. 131.] preservation of birds and anim.^ls. 1355 

17 signed by him, of the facts relative to the said wounding or killing, includ- 

18 ing the time and place thereof, and the kind of tree or crop injured or 

19 destroyed, or about to be injured or destroyed, by the deer. Whoever 

20 sells or offers for sale the whole or any part of a deer killed under the afore- 

21 said provision shall be punished by a fine of not more than one hundred 

22 dollars. 

1 Section 63. Any person duly authorized to hunt in the common- open season 

2 wealth may, between sinirise of tiie first INIonday of December and sunset mo.^Ms, 

3 of the following Saturday, hunt, pursue, take or kill by the use of a shot- flil'^'sg 

4 gun, a wild deer, subject to the following restrictions and provisions: J?',?!^-*- 

5 No person shall, except as provided in the preceding section, kill or have 1917. i39. 

6 in possession more than one deer. No deer shall be hunted, taken or §§39, 40.' 43, 

7 killed on land posted in accordance with section seventy-nine, or on land 

8 under control of the metropolitan district commission, or in violation of 

9 any city ortlinance or town by-law, or in any state reser\'ation. No 

10 person shall make, set or use any trap, salt lick or other device for the 

11 purpose of ensnaring, enticing, taking, injuring or killing a deer. Who- 

12 ever wounds or kills a deer shall make a written report, signed by him, 

13 and send it within twenty-four hours of such wounding or killing, to the 

14 director, stating the facts relative to the wounding or killing. Violations 

15 of this section shall be punished by a fine of not more than one hundred 

16 dollars. 

1 Section 64. '\^^^oever hunts, pursues, takes, wounds or kills a moose. Moose not 

2 or sells, offers for sale or has in possession the flesh of a moose captured %i^ ^29,'^' 

3 or killed in the commonwealth, shall be punished by a fine of not more ^ ^'' "^*- 

4 than one hundred dollars. 

1 Section 65. The director, wardens, deputies, any member of the Dogs chasing 

2 state police, or any officer cjualified to serve criminal process, may kill a "ims-A. 10, 

3 dog found chasing or himting deer at any time, if the dog is used for such ||g|' |j®; , ^,3 

4 purpose with the knowledge and consent of his owner or keeper, and the H'J"i *• 

5 owner or keeper shall be punished by a fine of fifty dollars. If a dog has 1730-40, 3. § 1. 

6 twice been found chasing or hunting deer, and the owner or keeper of the 17B3-4! 2s, § 2. 

7 dog has been notified on each occasion by the director, if the same dog is iso6[45! 

8 thereafter found chasing or hunting deer, it shall be prima facie evidence Jsos!??! 

9 that such chasing or hunting was with the knowledge and consent of 9'oo^?J?>'',', 
10 the said owner or keeper. isgq, 246, § s. 

1870, 304, §§ 7, S. 1881. 297, § 5. 1905, 245. 

1871, 320. P. S. 92. §§ 8, 10. 1913, 552. 

1874, 77, I 2. 1882, 199. 1919, 350, §§ 39, 40, 43, 

1877, 95, §§ 6, S. R. L. 92, § 18. 99, 101, 102. 

1879.209. §§ 7, 10. 1902,154. 1 Op. A. G. 523. 

1 Section 66. Whoever during the open season for deer hunts, wounds Birds or quad- 

2 or kills a bird or quadruped with a rifle, revolver or pistol, or in pursuit bekiifeS with 

3 of birds or quadrupeds has in possession in any wood or field, or on any de'i.'r' le'as'on" 

4 highway, a rifle, revolver or pistol shall be punished by a fine -of not less JgJ|' y^^' ^ ^• 

5 than ten nor more than fifty dollars. 

1 Section 67. Whoever sufi'ers loss by the eating, browsing or tramp- Damages by 

2 ling of his fruit or ornamental trees, vegetables, produce or crops by wild paw by " 

3 deer, if the damage is done in a city may inform the officer of police ^eaUh!"" 

4 thereof, who shall be designated to recei\'e such information by the mayor, i|j°i5' ^°^- 

5 and if the damage is done in a town may inform the chairman of the 



1356 



PRESERVATION OF BIRDS AND AXIilALS. 



[Chap. 131. 



selectmen of the town where the damage was done, who shall proceed to 6 
tlie premises and determine whether the damage was inflicted by deer, 7 
and, if so, appraise the amount thereof if it does not exceed twenty dol- 8 
lars. If, in the opinion of the ofBcer or chairman, the amount of said 9 
damage exceeds twenty dollars, he shall appoint two disinterested per- 10 
sons, who, with himself, shall appraise, under oath, the amount thereof. 11 
The officer or chairman shall return a certificate of the damages found, 12 
except in Suffolk county, to the treasurer of the county in which the 13 
damage is done, within ten days after such appraisal is made. The 14 
treasurer shall thereupon submit the same to the county commissioners, 1.5 
who, within thirty days, shall examine all bills for damages, and if any 16 
doubt exists, may summon the appraisers and all parties interested 17 
and make such examination as they may think proper. The bills prop- 18 
erly appro\ed with the cost of appraisal shall be sent by the county 19 
treasurer to the state auditor, and they shall be paid by the common- 20 
Mealth. In Suffolk county the certificate of damages shall be returned 21 
to the treasurer of the town where the damage is done, who shall exer- 22 
cise and perform the rights and duties hereby conferred and imposed 23 
upon the county commissioners in other comities. The appraisers shall 24 
receive from the commonwealth one dollar each for every such exami- 25 
nation made by them, and shall receive twenty cents a mile, one way, 26 
for their necessary travel. 27 



Hunting in 
public parks 
prohibited. 
1909, 362. 
1920, 604, § 4. 
Op. A. G. 
(1920) 72, 215. 



Section 68. No person shall hunt, pursue, take, kill or in any man- 1 
ner molest or destroy any wild bird or game within the boundaries of any 2 
state reservation, park, common or any land held in trust for public use, 3 
except that the authorities or persons having the control and charge of 4 
such reser\'ations, parks, commons or otlier lands may, with such limita- 5 
tions as they may deem advisable, authorize persons to hunt, take or kill 6 
within said boundaries any wild birds or animals not protected by law. 7 
Such authorizations shall be by written license, revocable at the pleasure 8 
of the authorities or persons granting it. The boards, officials and per- 9 
sons ha^'ing charge of reservations, parks, commons and lands held for 10 
public use shall enforce this section. Whoever violates this section shall 1 1 
be punished by a fine of not more than twenty-five dollars. This section 12 
shall not apply to state forests acquired under section thirty-three of 13 
chapter one hundred and thirty-two. 14 



Reservations 
for protection 
of birds or 
animals. 
1911,410, § 1. 
1919, 350, 
§§ 39, 40. 



Section 69. For the purpose of protecting any species of useful 
wild birds or quadrupeds and for aiding the propagation thereof the 
commissioner may accjuire in fee by piu-chase, gift or devise, or may 
lease, or, with the consent of the owners, may control any land, water 
or shore or the right to use the same, including the right of the public in 
such land or on such water or shore, as a bird and game preserve. 



close season 
on restricted 
areas. 

1911.410, § 2. 
1910, 3S0, 
§5 39, 40, 43. 



Section 70. For the purposes aforesaid the commissioner, upon a 1 

petition filed with him by the aldermen or the selectmen, or by one or 2 

more owners of land, water or shore, if satisfied of the suitable character 3 

and situation of the same, may, with the consent of the owners, order a 4 

close season for one or more periods, not exceeding five years each, on 5 

all wild birds and ciuadrupeds within the area or any part thereof specified 6 

in the petition. But before making any such order, the director shall 7 

give a public hearing upon the matter at some place in or near the territory 8 



Chap. 131.] preservation of bird.s and ,\nimals. 1357 

9 under consideration ; notice of said hearing shall be given by publication 

10 once a week for two successive weeks in one or more newspapers pub- 

11 lished in the counties embracing the territory, the last publication to be 

12 at least seven days prior to the time fixed for the hearing. 



1 Section 71. In respect to any territory mentioned in the two pre- Regulations for 

2 ceding sections, the director may make such use of the land, water or shore ^^f"^^^°°'^' 
.3 within the territory as he deems best for the purpose of improving the §§ V'g^"' 

4 feeding and nesting en\droimient of birds or game, and may from time to ij'|9^4o'43 

5 time make such rules and regulations relating to such territory as he 

6 deems proper, and such rules and regulations when approved by the 

7 governor and council shall have the force of law. The director may 

8 liberate birtls within the limits of the said territories, and, when in his 

9 opinion such action is advisable, co-operate with land owners within 

10 such territory in experiments in the propagation of birds or quadrupeds. 

11 Whoever violates any such rules or regulations shall be punished by a 

12 fine of not more than one hundred dollars or by imprisonment for not 

13 more than two months, or both. 

1 Section 72. The director may appoint wardens or deputies to en- Enforcement 

2 force sections sixty-nine to seventy-five, inclusive, and any rules and ignffio',"!"!; 

3 regulations made thereunder, and may authorize in wxiting any such §|'|g^/o'43 

4 warden or deputy or the owner or occupant of any land within any such 

5 territory to himt, pursue, trap, snare or kill within the said territory and 

6 under the direction of the director any quadrupeds or birds which he may 

7 consider harmful to birds and game or to agriculture, or to take or re- 

8 mo\'e the nests or eggs of any such birds. 

1 Section 73. If an order is made by the commissioner establishing Publication 

2 a close season or a preserve, as provided in section sixty-nine or seventy, ^tawishing 

3 he shall cause a copy of the order to be published once a week for two ^esenation, 

4 successive weeks in one or more newspapers published in the counties J^Ji' *^°j 5 s. 

5 embracing the territory, and shall cause copies of the order to be posted §§ 39, 40.' 

6 in conspicuous places within the towns where the territory is situated, 

7 and also within the limits of the territory itself. If a great pond or 

8 any part thereof, or any seashore, is included within the territory as to 

9 which a close season is ordered as aforesaid, a copy of the order shall be 

10 filed in the office of the clerk of any town bordering upon the pond or 

11 seashore., and also in the office of the state secretary. An order made by 

12 the commissioner in accordance herewith shall take effect, when posted 

13 as aboA'e provided. Any order made in accordance herewith shall contain 

14 a full description of the territory so established, and the period for which 

15 it is closed. 

1 Section 74. Whenever such preserve has been established or a close Penalty for 

2 season has been established upon a territory by an order as above pro- re^J^Ttion. 

3 vided, no person, except as provided in section seventy-two, shall molest, J^'yi'^i"' 

4 himt, pursue, take or kill any bird or quadruped within the said territory, 

5 or disturb or injure any nest, eggs or young, or remove the eggs or young 

6 from the nest. Violations of this section shall be punished by a fine of not 

7 more than one himrlred dollars or by imprisonment for not more than 

8 two months, or both. 



1358 



PRESERVATION OF BIRDS .\ND .\NIMALS. 



[Chap. 131. 



Possession of 
firearms on 
reservation 
prima facie 
evidence of 
violation. 
1911, 410, § S. 



Section 75. The entrance of any person with a firearm or any device 
adapted for killing or injuring birds or quadrupeds or with a trap or snare 
upon any territory established as a preserve or upon which a close season 
has been established, shall be prima facie evidence of a violation of the 
provisions of the preceding section. 



Protection 
of birds by 
towns. 
1913, 296. 



Section 76. IMoney may be appropriated by a city council or a 1 

town for the protection and encouragement of birds which li\'e upon 2 

insects injurious to crops and trees. Such protection and encourage- 3 

ment may include the appointment and payment of bird wardens. 4 



Section 77. Whoever transports or causes to be transported out of 



Birds illegally 
killed not to 

ofstete.""' the commonwealth any bird or animal protected by this chapter which 
r*l'I™s 22°' ^^^^ illegally been taken or killed therein, or has in possession any such 
1902, 236. bird or animal with intent so to do, shall be punished by a fine of twenty 

dollars for each bird or animal so transported or had in possession. 



Extermination 
of English 
sparrow. 
1890, 4-13. 
R. L. 92, § 24. 



Section 78. Officers in charge of public buildings in cities and such 1 

officers as the selectmen designate and appoint in towns shall take such 2 

reasonable means and use such appliances, except poison, as in their 3 

judgment will effectively exterminate the English sparrow in such cities 4 

and towns, but nothing herein shall authorize an officer to enter on private 5 

property without the consent of the owner or occupant thereof. Whoever 6 

wilfully resists such officers while engaged in such duties or knowingly 7 

interferes with the means used by them for such purpose shall be pun- 8 

ished by a fine of not more than twentv-five dollars. 9 



Posting land. 

1S84. 303, 

§§1.3. 

R. L. 92, § 14. 

4 Op. A. G. 

518. 



Section 79. Whoever, for the purpose of shooting or trapping, goes 
on land without permission of the owner thereof, after such owner has 
conspicuously posted thereon notice that shooting or trapping thereon 
is prohibited, shall be punished by a fine of not more than twenty dollars. 



arTifidaUy °^ Section SO. A pcrsou wlio artificially propagates and maintains 1 
^l'^^^'^^^^ game upon land so posted shall have exclusi\'e property thereof. 2 

1884. 308, I 2. R. L. 92, § 15. 



Sale of wild 
birds and 
game for- 
bidden. 
1817, 103, § 
1830, 69. 
R. S. 63, § 1 

1849, 158, § 

1850, 296. 
1855, 197, § 
G. S. 82, § 1 



Section 81. No person, except as provided in sections forty-six, fifty- 1 
two and eighty-two to eighty-nine, inclusive, shall buy, sell, barter, ex- 2 
change, or in any way deal in or trade with respect to, the dead or li^■ing 3 
bodies, or any part thereof, of wild birds or game quadrupeds, protected 4 
l)y law in any part of the United States, whene^•er and where\er taken 5 
or killed. is69,246, §i. 6 



1870, 304, § 1. 
1877, 95, § 1. 
1879, 209, § 1. 
1881,297, § 1. 
P. S. 92, §1 2, 4. 
1884, 308, §§ 2, 3. 
1886, 276, §1 3, 5. 

1893, 189; ,398. 

1894, 97: 205. 
1898, 195. 



1900, 379, §§ 2, 5. 

1901, 102. 

R. L. 92, §§ 2, 3, 6, 9, 15. 

1902, 105. 

1903, 206. 

1904, 369. 

1905, 406. 

1906, 303, §§ 1, 2. 

1907, 166. 
1908,441, §§2,4. 



1910,564, § 1. 

1911, 172, § 1; 
356, §§ 3, 5. 

1912, 203; 567, §1 
1913,270. 
1917, 170, §§ 1. 3 
1919,153, §§ 1,3. 
4 Op. A. G. 518. 

Penalty, § 88. 



236, §§ 1, 2; 
§§ 1, 9. 



Rules for propa- 
gation of wild 
birds or game. 
1906,301, 5 1. 
1909,309, §2; 
421, §§ 1,3. 

1911, 19, §2; 
3.56, § 2. 

1912, 567, 
§§2,9. 
1919. 3.50, 

§§ 39, 40, 43. 



Section 82. Upon written application to the director, a license may 
be granted, without charge, to any person to engage in the rearing within 
an enclosure of any wild birds or game quadrupeds, and to dispose of the 
same alive for purposes of propagation under such rules and regulations 
as may be made by the director, which, when approved by the go\'ernor 
and council, shall luu'e the force of law. Such artificially propagated wild 



ClIAP. 131.] PRESERVATION OF BIRDS AND ANIMALS. 1359 

7 birds or game quadrupeds, if alive, may be bought, sold and had in pos- 

8 session at any season of the year for purposes of propagation. 

1 Section 83. Upon written application to the director, a license may License for 

2 be issued, without charge, to any person desiring to engage in the rear- ll"'oUuch 

3 ing for sale as food of any of the species known as cervidfe (commonly gamlfw food. 

4 known as deer or elk), pheasants, quail, European or gray partridge, igos^frr.'fo 

5 wild geese, wild ducks of all species, and such other birds or quadrupeds ^s°2'4°4''i 

6 as may appear to the director to be expedient, upon such terms and §§ h 3. 

7 conditions as he shall prescribe. Such birds and quadrupeds killed § 2; sso.j 2. 

8 and tagged in accordance with this section may be bought, sold and had §§3,' 9. '' 

9 in possession. To each carcass of each bird or quadruped, and to each §1^39,^40,' 43. 

10 quarter of those species known as cervidBe, reared under this section, shall Penalty. § ss. 

11 be affixed a numbered tag, to be supplied by the director at a cost 

12 of fi\'e cents each; and an accurate accoiuit of birds and quadrupeds 
1.'^ so killed and tagged shall be kept by the licensee and submitted to 
14 the director upon the first and fifteenth of each month during which 
1.5 the killing of such birds and quadrupeds is permitted, together with the 

16 names of any persons to Avhom they were sold or transported. EAcry 

17 package containing birds or quadrupeds killed under this section shall be 

18 plainly labelled with the name of the licensee by whom such birds or 

19 quadrupeds were reared and killed, with the name of the consignee, and 

20 with a statement of the nimiber and kind of birds or quadrupeds con- 

21 tained therein. All carcasses or parts thereof shall remain entire and 

22 unphicked until the time when they are prepared for consumption as 

23 food. The sale of any carcass, or part thereof, not having at the time 

24 affixed thereto the tag required by this section, shall be a \aolation of 
2.5 sections eighty-one to eighty-six, inclusive. 

1 Section 84. Any person holding a license under section eighty-two, Revocation 

2 eighty-three or eighty-six, convicted of any violation of the fish and i9i2,'567!'§ 4. 

3 game laws, shall forfeit such license and be debarred from securing a new |jgP- ^- °- 

4 license for a period of one year from the date of conviction, in addition to 

5 being subject to the penalties pro\ided in section eighty-eight. No pcr- 

6 son and no corporation of which he is a member shall be eligible to hold 

7 such a license if he has been convicted of any violation of the fish and 

8 game laws within one year prior to application therefor. 

1 Section 85. Any person licensed under section eighty-sLx may have Market man's 

2 in possession and sell the unphicked entire bodies of tlie following i9i2!667. § 5. 

3 species of birds imported from without the United States, namely, ^^^^' ^°°- ^ *^- 

4 pheasants, mallard ducks, Scotch grouse, European black game, European 

5 black plover, red-legged partridge, and Egyptian or migratory cjuail. 

6 Any such person may buy, sell and have in possession deer, moose, 

7 caribou and elk legally killed outside of the commonwealth and legally 

8 transported therein; provided, that there is attached to some part of the 

9 body of such deer, moose, caribou or elk the game warden's tag allowing 

10 the same to be shipped from the state or country in which it was killed; 

11 and provided, further, that before each bird is sold in the common- 

12 wealth, there shall be affixed to each carcass or body, or part thereof, a 

13 numbered tag to be supplied at a cost of five cents each by the director, 

14 and said tag shall be affixed to said body or carcass upon its entry into 

15 the commonwealth and be kept thereon while the same is mthin the 

16 commonwealth. 



1360 



PEESERVATION OF BIRDS .^'D ,\NIMALS. 



[Chap. 131. 



Same subject. 
1886, 276, § 3. 
1391, 142, § 1. 
1S93. 39S. 
1894, 205. 
1900, 379, 
l§3,4. 



Section 86. A dealer's license allowing the holder thereof to engage 
in the business of selling and offering for sale wild birds or game quafl- 
rupeds reared or imported under section eighty-three or eighty-five may 
be granted without charge by the director to any person. 

3, 4, 6. 



R. L. 92, §i 
1902, IBS. 

1904, 369. 

1905, 406. 



1906, 301, §§ 1, 2; 

303, §§ 1, 2. 

1908,441, § 2. 

1909,421, §§ 1, 3; 508, § 1. 



1911, 356, § 3. 

1912, 567, §§ 6, 9. 
1919, 350, §§ 39, 40, 43. 



Licenses 
revocable. 



Section 87. Licenses issued by the director may be revoked by him. 

1912, 567, § 8. 1919, 3.50, §§ 39. 40, 43. 



Penalties for 
breach of sec- 
tions 81 to 86. 
1817, 103, § 1. 
R. S. 53, § 1. 
1837, 170, s 1. 
1S44, 150, § 1. 
1855, 197, I 1. 
G. S. 82, 
§§1,5,6. 
1869. 246, 
§§1,3. 



Section 88. Whoever violates any provision of sections eighty- 
one to eighty-six, inclusive, or any rule or regulation made thereunder, 
or counterfeits or uses again any tags used as therein pro\ided, shall be 
punished by a fine of not less than twenty nor more than fifty dollars for 
each bird or quadruped, or part thereof, in respect to which the violation 
occurs, and for a subsequent offence by imprisonment for not more than 
three months. i870, 304, §§ 1-4. is77, 95, §§ 1-3. 



1879,209, §§ 1-3. 
1881,291, § 1. 
P. S. 92, §§H. 
1884, 308. § 3. 
1886,276, §§3.5. 

1893, 189. 

1894, 97; 205. 
1898, 195. 



1900, 379, § 5. 

1901, 102. 

R. L. 92. §§2-4, 0, 9, 15. 

1902, 165. 

1903, 206. 

1904, 369. 

1905, 406. 

1906,301, §§2, 3; 303, §§2,3. 



1907, 166. 

190.8,441, §§3, 4; 477, §3. 

1909, 309, S§ 3, 4; 421, 
§§3,4; 508, §§3, 4. 

1910, 564, § 3. 

1911, 19, § 3; 172, §§ 3, 4; 
236, §§ 2, 3: 356, §§ 4, 5. 

1912, 567, §§ 9, 10. 



Museums, 
etc., exempt 
from certain 
sections. 
Application 
of certain 
sections. 

1897, 524. 

1898, 339. 



Section 89. Sections twenty-two, twenty-eight, thirty-seven, thirty- 1 

nine and eighty-one shall not apply to natural history associations 2 

and museums nor to holders of the certificates provided for in section 3 

nineteen, and sections eighty-one to eighty-six, inclusive, shall not apply 4 

to the sale of feathers or fur. R. l. 92, §8. 5 



1903. 244, § 2; 329. 
1909, 421, § 1; 508, § 1. 



1912, 567, § 7. 
1917, 73. 



Canada lynz. 
1903, 344. 



Section 90. Whoever in any town kills a wild cat, Canada lyiLx or 
loupcervier not being in captivity shall, upon producing satisfactory evi- 
dence of such killing, be entitled to recei^'e from the treasury of the town 
the sum of five dollars; and all sums so paid out shall be repaid to the 
town treasurer by the treasurer of the county where the town is situated : 
provided, that a sworn statement thereof shall be transmitted by the 
town treasurer to the county treasurer. 



REFERENCES. 

Bonds of city clerks relative to fees for hunter's certificate, Chap. 140, § 14S. 

Dogs, Ucensing of. Chap. 130, § 137 el seq. 

Fines, disposition of, under game laws. Chap. 130, § 13. 

§§ 37, 39, 40 are affected by the act to carry out the treaty between the United 
States and Great Britain as to migratory birds (40 U. S. Sts. at L. 755) and regula- 
tions made thereunder. 

Special Acts. 
R. L. 92, § 13, Plymouth harbor and adjacent waters, kilhng of certain aquatic birds 

restricted. 
R. L. 92, § 23, Dukes county, killing of foxes, etc., in. 
1905, 273, Dukes count}', shooting of ducks in waters restricted. 
1907, 264, Dukes county, shooting of ducks restricted. 

1907, 504, Martha's Vineyard, shooting heath hen. 

1908, 331, Edgartown, shooting of wild fowl restricted. 
1917, 40, Muskeget island, possession of live cats prohibited. 
1917, 157, Hampden county, shooting quail in, regulated. 
1917, 157, Middlesex county, shooting quail in, regulated. 

1919, 40, Essex, Dukes and Nantucket counties, protection of quail. 

1920, 273, Nantucket, use of decoys. 
There are other special acts. 



Chap. 132.] 



FORESTRY. 



1361 



CHAPTER 132. 



FORESTRY. 



Sect. 

1. Duties of state forester. 

2. Gifts and bequests. 

3. Payment of forest warden. 

4. Report. 

5. Management of forest land. 

6. Advice to owners of forests. 

7. Labor on state forests. 
Agents destroying gypsy moths may 

enter on any land. 

Nurseries of forest trees. 

Land for experiments in forest manage- 
ment. 

GjTJsy and brown tail moths declared 
public nuisances. Regulations for 
their suppression. 

Penalty for interfering with moth 
work. 

13. Local gypsy moth superintendents. 

14. Reimbursement of cities and towns. 

15. Accounts. 

16. Sums to be spent by cities and towns. 

17. Same subject. 



8. 



9. 
10. 



11 



12 



Sect. 

18. Notice to land owners. Assessment of 

cost of work. 

19. Assessment of special benefits. 

20. Appeal. 

21. Abatement of assessment. 

22. Application for abatement. 

23. Abatement. 

24. Record of abatement. 

25. Tent caterpillar, leopard moth and elm 

beetle. 

26. Entry on land. Assessment for cost of 

work. 

27. Arsenate of lead furnished at cost. 

28. Collection of amount charged. 

29. Forester to furnish arsenate of lead. 

30. State forests. 

31. Management of state forests. 

32. Appropriation. 

33. Additional lands for state forests. 

34. Rules as to use of state forests. 
.35. Forests in cities and towns. 

36. Appropriation. 

37. Duties of local forest wardens. 



Section 1. The state forester, in this chapter called the forester, Duties ot 
shall act for the commonwealth in suppressing the gypsy and brown tail igol, 409!§ 2. 
moths; shall promote the perpetuation, extension and proper manage- igooiiesiii' 
ment of the public and private forest lands of the commonwealth; Jg^g; ^l' * '■ 
shall give such a course of instruction to the students of the Massa- |5 1- 2-, 

...,.^,, -. .. ™« iyi7, bd. 



6 chusetts Agricultural College on the art and science of forestry as mav i^is' ssb, § 42. 

224 Mass 28 

7 be arranged by the trustees of the college and the forester; and shall 

8 perform such other duties as may be imposed upon him by the governor 

9 and council. 



1 Section 2. The commissioner of conservation, in this chapter called p'f'= "P'^ 

n 1 *■ •!! ipi 1-1 bequests. 

2 the commissioner, with the approval 01 the governor and council, may isos, 4Ts, § 3. 
accept on behalf of the commonwealth bequests or gifts to be used for isia! 3,50! 
the purpose of advancing the forestry interests of the commonwealth, 
under the direction of the governor and council, in such manner as to 
carry out the terms of the bequests or gifts ; and he may, subject to the 
approval of the deed and title by the attorney general as provided in 

8 section ten, accept on behalf of the commonwealth gifts of land to be 

9 held and managed for the purpose provided in said section. A donor 

10 of such land may reserve the right to buy back the land in accordance 

11 with said section; but in the absence of a provision to that effect in his 

12 deed of gift he shall not have such right. 



3 

4 
5 
6 

7 



1 Section 3. The forester shall from the money appropriated annually payment of 

2 for the expenses of his office recompense the forest wardens for the time ig^.^""'*'^''' 

3 spent by them in making investigations under his direction, as required [1*^^ I^q^ | 43 



1362 



FORESTRY. 



[ClLiP. 132. 



by section thirty-seven of tliis chapter and section twenty-five of chapter 4 
forty-eight; provided, that he shall not be liable to make any such pay- 5 
ment except upon the presentation of a duly itemized account or to pay 6 
for such investigations at a rate greater than that approved by him or 7 
in excess of the appropriation available for such pajTnent. He may also 8 
expend such sums as are annually appropriated in making necessary 9 
arrangements for conventions of forest wardens to be held at a place 10 
within the commonwealth and in paying wholly or in part the traveling 11 
expenses to and from their towns of such forest wardens who attend these 12 
conventions; provided, that no money shall be expended in pajing the 13 
traveling expenses of any one warden to or from more than one convention 14 
in one year. 15 



Report. 

1904, 409. 5 5. 

1905, 381. § 2. 
1909, 263, § 2. 
1911. 722. § 2. 
1914. 720, § 3. 
1916, 97. 
1919, 350. 

§§ 8, 39. 42. 



Section 4. The commissioner shall make an annual report of the acts 1 

of the forester. The report shall separate so far as practicable the expend- 2 

itures on work against the gypsy moth from those on work against the 3 

brown tail moth in each town. It shall include the account of all money 4 

invested in each state forest and of the annual income and expense thereof, 5 

and the report of the state fire warden required by section twenty-eight 6 

of chapter forty-eight. 7 



oflores^Uand SECTION 5. The forcstcr shall replant or otherwise manage all land 1 
J2?S':JTo' t ?\ acquired by the commonwealth and held bv it under section ten in such 2 
manner as will produce the best forest growth both as to practical forestry 3 

4 



results and protection of water supplies. 



Advice to 
owners of 
forests. 

1904. 409. § 2. 
1919. 350. § 42. 
224 Mas3. 28. 



Section 6. The forester may give to any person owning or controlling 1 

forest lands aid or advice in the management thereof. Any recipient of 2 

such aid or advice shall be liable to the commonwealth for the necessary 3 

expenses of travel and subsistence incurred by him or his assistants. The 4 

forester may publish the particulars and results of any investigation made 5 

by him or his assistants as to any lands within the commonwealth, and 6 

the advice given. 7 



Labor on 

state forests. 
1914. 720, I 4. 
1919, 350, § 42. 



Section 7. The forester, in the reforestation, maintenance and 
development of lands purchased under section tliirty or thirty-three, 
shall, so far as practicable, obtain the labor necessary therefor under 
sections eighty-three and eighty-four of chapter one hundred and 
twenty-seven. 



Agents 
destroying 
gypsy moths 
may enter on 
any land. 

1905, 381, 5 3. 

1906, 268, § 1. 

1908, 591, 
§§ 1. 2. 

1909, 263. § 2. 
1915, 124. 
1919, 350, § 42. 



Section 8. The clerks, assistants and agents employed by the for- 1 

ester may, for the purpose of carrying out the provisions of this chap- 2 

ter relative to the suppression of gypsy and brown tail moths, enter 3 

upon any land; and any local superintendent appointed as provided in 4 

section thirteen or any agent or employee of such superintendent may 5 

enter upon any land within the said town for the purpose of determin- G 

ing if such land is infested with said moths or the extent to which such 7 

land is so infested. 8 



Nurseries of Section 9. The forestcr may establish and maintain nurseries for the 1 

1904, 409"§ 3. propagation of forest tree seedlings upon such lands of the commonwealth 2 

1919! 35o! § 42. at any state institution as the superintendent or trustees thereof may set 3 

apart for this purpose. Superintendents of institutions where land is 4 



CllAP. 132.] FORESTRY. 1363 

5 set apart therefor may furnish without charge the labor of their inmates 

6 necessary to estabUsh and maintain said nurseries. Seedlings from these 

7 nurseries shall be furnished to the commonwealth without expense for use 

8 upon reservations set aside for the propagation of forest growths for other 

9 than park purposes. All stock grown in nurseries established under this 

10 section shall be used within the commonwealth and shall be furnished to 

11 state institutions without charge. The forester may distribute seeds and 

12 seedlings to land owners, citizens of the commonwealth, under such con- 

13 ditions and restrictions as he may determine, subject to the approval of 

14 the governor and council. 

1 Section 10. The commissioner, with the advice and consent of the Land for ex- 

2 governor and council, for experiment and illustration in forest manage- For™m'an'a°ge- 

3 ment and for reforestation as set forth in this section may expend annu- igos%78, 

4 ally such sum as is appropriated by the general coiu't in purchasing ||o9' I'h^' 

5 lands situated within the commonwealth and adapted to forest produc- J?i|i^°i'' 

6 tion. Land so acquired shall be under the control and management 

7 of the forester, who may, subject to the approval of the governor 

8 and council, cut and sell trees, wood and other produce therefrom. The 

9 price of such land shall not exceed in any instance five dollars per acre, 

10 nor shall more than eighty acres be acquired in any one tract in any one 

1 1 year, except that a greater area may so be acquired if the land purchased 

12 directly affects a source or tributary of water supply in any town of the 

13 commonwealth. All such lands shall be conveyed to the commonwealth, 

14 and no lands shall be paid for nor shall any money be expended in im- 

15 provements thereon until all instruments of conveyance and the title to 

16 be transferred thereby have been approved by the attorney general, and 

17 until such instruments have been executed and recorded. For assisting 

18 in reforestation a portion, not exceeding twenty per cent of the money 

19 authorized to be expended under this section may be used by the forester 

20 for the distribution, at not less than cost, of seeds and seedlings to land 

21 owners who are citizens of the commonwealth, under such conditions 

22 and restrictions as the forester, subject to the approval of the governor 

23 and council, may impose. The owners of land purchased under this sec- 

24 tion, or their heirs and assigns, may repurchase the land within ten years 

25 after the purchase, upon paying the price originally paid by the com- 

26 monwealth, with interest at the rate of four per cent per annum, 

27 together with the amount expended in improvements and maintenance. 

28 The commissioner, with the approval of the governor and council, may 

29 execute in behalf of the commonwealth such deeds of reconveyance as may 

30 be necessary; provided, that there shall be included in such deeds a restric- 

31 tion that trees cut from such property shall not be less than eight inches 

32 in diameter at the butt. 

1 Section 11. The forester may, subject to the approval of the gov- Gypsy and 

2 ernor, make rules and regulations governing all operations by towns or motiisde^' 

3 persons for the purpose of suppressing the gypsy and brown tail moths, nuSat^es''''" 

4 their pupse, nests, eggs and caterpillars, which are hereby declared public ^r^h^'r""^ 

5 nuisances. He may make contracts on behalf of the commonwealth; jngFlgj™- 

6 may act in co-operation with any person, any other state, the United §§ i.'s. 

7 States, or any foreign government; may conduct investigations and gather igos! 591! § 1'. 

8 and distribute information concerning said moths; may use and require i9?9!35o! 

9 the use of all other lawful means of suppressing said moths; may lease ^^ '*''^^' 



1364 



FORESTRY. 



[Chap. 132. 



2 0p. A. G.589. real estate M'lien he deems it necessary, and, with the approval of the 10 
^- ■ ■ ■ authority in charge, may use any real or personal property of the com- 11 
monwealth; may at all times enter upon any land, and may use all reason- 12 
able means in suppressing said moths; and, in the undertakings aforesaid, 13 
may, in accordance with this chapter, expend the funds appropriated or 14 
donated therefor; but no expenditure shall be made or liability incurred 15 
in excess of such appropriations and donations. No owner or occupant 16 
of an estate infested by the aforesaid nuisances shall by reason thereof be 17 
civilly or criminally liable except to the extent and in the manner and 18 
form set forth in this chapter. 19 



Penalty for 
interfering 
with moth 
work. 
1902, 57. § 3 

1905, 381, § 

1906, 268, I 
1909, 263, I 
1919, 350, 
§§39,41. 



Section 12. Whoever wilfully resists or obstructs the forester or any 1 

ofHcer of a town, or a servant or agent duly employed by said forester or 2 

by any of said officers wliile engaged in suppressing the gypsy and brown 3 

tail moths, elm leaf beetle, or any other tree or shrub destroying pest, 4 

or knowingly fails to comply with any of the rules or regulations issued 5 

by the forester, shall be punished by a fine of not more than twenty-five 6 

dollars. 7 



moth^^enn- SECTION 13. The mayor in cities and the selectmen in towns shall 1 

ilostssi, § 4. annually in the month of January appoint a local superintendent for 2 

1907' 52i' I f *^^^ suppression of gypsy and brown tail moths. Said superintendents 3 

i9io! i5o'. shall, under the advice and general direction of the forester, destroy 4 

1919] 35o! § 42. the eggs, caterpillars, pupae and nests of the gypsy and brown tail moths 5 

within their limits, except in parks and other property under the control 6 

of the commonwealth, and except in private property, save as other- 7 

wise provided herein. The appointment of a local superintendent 8 

shall not take effect unless approved by the forester; and when so 9 

approved notice of the appointment shall be given by the mayor or the 10 

selectmen to the person so appointed. 11 



Reimbiurse- 
ment of cities 
and towns. 

1905, 381, 
§§ 4, 12. 

1906, 268, § 2. 

1907, 521, 
§§ 1,2,4. 

1909, 263. § 2. 

1910, 150. 
1911,474. 
1913, 600, § 2. 
1919, 350, § 42 



Section 14. When any city or town in which one twenty-fifth of 1 
one per cent of the assessed valuation of real and personal property is 2 
more than five thousand dollars shall have expended within its limits 3 
city or town funds to an amount in excess of five thousand dollars in 4 
any one year ending November thirtieth in suppressing gypsy or brown 5 
tail moths, the commonwealth shall reimburse such city or town to 6 
the extent of fifty per cent of such excess above said five thousand 7 
dollars. 8 

Cities or towns where one twenty-fifth of one per cent of the assessed 9 
valuation of real and personal property is less than five thousand dollars, 10 
and where the assessed valuation of real and personal property is greater 1 1 
than six million dollars, shall be reimbursed by the commonwealth to the 12 
extent of eighty per cent of the amount expended by such cities or towns 13 
of city or town funds in suppressing said moths in any one such year, 14 
in excess of said twenty-fifth of one per cent. 15 

In towns where the assessed valuation of real and personal property 16 
is less than six million dollars, after they have expended in any one such 17 
year town funds to an amount equal to one twenty-fifth of one per cent 18 
of their assessed valuation of real and personal property, the common- 19 
wealth shall expend within the limits thereof for the suppression of said 20 
moths such an amount in addition as the forester, with the advice and 21 



Chap. 132.] forestry. 1365 

22 consent of the governor, shall determine. The commonwealth shall reim- 

23 burse cities and towns every sixty days. 

24 No city or town shall be entitled to any reimbursement from the com- 

25 monwealth until it has submitted to the state auditor itemized accounts 

26 and vouchers showing the definite amount expended by it for the purpose 

27 of suppressing said moths, nor shall any money be paid out of the state 

28 treasury to cities or towns until said vouchers and accounts have been 
'29 approved by the forester and the state auditor. 

30 For the purposes of this section and section sixteen the valuation of 

31 the previous year shall be taken as a basis. 

1 Section 15. Every city or town in rendering the account required nSs^ali; § 7. 

2 by the preceding section shall deduct from such amount as it has expended }^o^' ^^s. | s. 

3 the total amount it has assessed for work performed under section eighteen 

4 during the term covered by the account, if such work was performed 

5 under such conditions as require reimbursement in whole or in part by 

6 the commonwealth. 

1 Section 16. When, in the opinion of the forester, any city or town sums to be 

2 is not expending a sufficient amount for the abatement of said nuisance anTto'wns.""^^ 

3 or is not conducting the necessary work in a proper manner, the forester Jggf,; HI] | 3; 

4 shall, with the advice and consent of the governor, order such city or J^°^' |f;^' 1 1 

5 town to expend such an amount as the forester shall deem necessary, Jn'Mlii' 540 

6 and in accordance with such methods as the forester, with the consent of 2 Op! a. g. 594! 

7 the governor, shall prescribe; provided, that no city or town where the 

8 assessed valuation of real and personal property exceeds six million 

9 dollars shall be required to expend, exclusive of any reimbursement re- 

10 ceived from the commonwealth, during any one full year more than one 

11 fifteenth of one per cent of such valuation, and that no town where the 

12 assessed valuation of real and personal property is less than six million 

13 dollars shall be required to expend, exclusive of any reimbursement 

14 received from the commonwealth, during any one full year more than one 

15 twenty-fifth of one per cent of such valuation. 

1 Section 17. Any city or town failing to comply with the directions Same subject. 

2 of the forester in the performance of said work within the date specified Itae. las, 1 3. 

3 by him shall pay a fine of one hundred dollars a day for failure so to do, {gog; 263] 1 2. 

4 said fine to be collected by information brought by the attorney general }g}g' Hq , ^3 

5 in the supreme judicial court for Suffolk county. 

6 In case of emergency, or where there is great or immediate danger of 

7 the increase or spread of moths due to the neglect of any city or town 

8 to comply with the pro\isions of this chapter relating to the suppression 

9 of gypsy and brown tail moths, the forester, with the consent of the 

10 governor, may initiate or continue the work of suppression within such 

1 1 city or town for such a period as he may deem necessary. The cost of 

12 such work, including that done on private estates, less any sum due from 

13 the commonwealth by way of reimbursements on account of said work, 

14 shall be certified by the forester to the state treasurer, and be collected 

15 by him as an additional state tax upon the city or town so failing to 

16 comply with the requirements of the law. The forester may also in case 

17 of emergency, subject to the approval of the governor, carry on wholly 

18 or in part such operations as may be necessary to check the spreading of 



1366 FORESTRY. [ChAP. 132. 

the gj^psy or brown tail moth in parks not under the control of the com- 19 
monwealth, and in cemeteries, woodlands and other places of public 20 
resort. The amount to be so expended in any one year shall not exceed 21 
ten per cent of the appropriations made for the year by the commonwealth 22 
for the purpose of suppressing said moths. The forester may also take 23 
complete control of the work of suppressing the gypsy and brown tail 24 
moths in such cities and towns as may through the proper officials request 25 
it. The cost of such work shall be certified by the forester to the state 26 
treasurer, and shall be collected by him as an additional state tax upon the 27 
city or town wherein such work is performed; provided, that no city or 28 
town shall be required to pay more for such work than would have been 29 
its liability as defined by section fourteen. 30 

landown" SECTION 18. The mayor of every city and the selectmen of every 1 

Assessment of towu shall, ou OF bcfoFC Novcmbcr first in each year, and at such other 2 

1905, 381, § '6, times as he or they shall see fit or as the forester may order, cause a notice 3 

1908] 59i! 1 2. to be sent to the owner, so far as can be ascertained, of every parcel of land 4 

1915; 124! ^ ^' therein which is infested with said moths; or, if such notification appears 5 

mVs^ss! 394^' to be impracticable, by posting such notice on said parcels of land, re- 6 

2 Op. A. G. 594. quiring that the eggs, caterpillars, pupse and nests of said moths shall be 7 

destroyed within a time specified therein. The publication of the notice 8 

in newspapers published or circulated in the city or town at least three 9 

times during the month of October shall be deemed a compliance with the 10 

law, if in the opinion of the mayor or selectmen such publication will be 1 1 

a sufficient notice. 12 

When, in the opinion of the mayor or selectmen, the cost of destroying 13 

such eggs, caterpillars, pupse or nests on land contiguous and held under 14 

one ownership in a city or town shall exceed one half of one per cent of 15 

the assessed value thereof, a part of said premises on which said eggs, 16 

caterpillars, pupae or nests shall be destroyed may be designated in such 17 

notice, and such requirement shall not apply to the remainder of said 18 

premises. The mayor or selectmen may designate the manner in which 19 

such work shall be done, but all work done under this section shall be sub- 20 

ject to the approval of the forester. 21 

If the owner shall fail to destroy such eggs, caterpillars, pupte or nests 22 

as required by said notice, the city or town, acting by the local superin- 23 

tendent appointed under section thirteen, shall, subject to the approval 24 

of the said forester, destroy the same, and the amount actually ex-pended 25 

thereon, not exceeding one half of one per cent of the assessed valuation 26 

of said lands, as heretofore specified in this section, shall be assessed upon 27 

the said lands; and such an amount in addition as shall be required shall 28 

be apportioned between the city or town and the commonwealth in 29 

accordance with section fourteen. The amounts to be assessed upon 30 

private estates as herein provided shall be assessed and collected, and 31 

shall be a lien on said estates, in the same manner and with the same 32 

effect as in the case of assessments for street watering. 33 

rflp^cTaT' Section 19. If, in the opinion of the assessors of a city or town, any 1 

1905^^81 5 7 '^^"^ therein has received, by reason of the abatement of said nuisances 2 
1909] 20:5; I i. thereon by said forester or bv said city or town, a special benefit bevond the 3 

1919 350 § 42. *".. ^ r ^v 

' general advantage to all land in the city or town, then the said assessors 4 
shall determine the value of such special benefit and shall assess the 5 
amount thereof upon said land; provided, that no such assessment on lands 6 



Chap. 132.] forestry. 1367 

7 contiguous and held under one ownership shall exceed one half of one per 

8 cent of the assessed valuation of said lands; and provided, that the owner 

9 or owners shall have deducted from such assessment the amount paid and 

10 expended by them during the twelve months last preceding the date of 

11 such assessment toward abating the said nuisances on said lands, if, in the 

12 opinion of the assessors, such amount has been expended in good faith. 

13 Such assessment shall be a lien upon the land for three years from the 

14 first day of January next after the assessment has been made, and shall 

15 be collected under a warrant of the assessors to the collector of taxes of 

16 such city or town, in the manner and upon the terms and conditions 

17 and in the exercise of the powers and duties, so far as they may be ap- 

18 plicable, prescribed by chapter sixty, and real estate sold under such ' 

19 warrant shall be subject to the provisions of said chapter relative to 

20 land sold for taxes. 

1 SectiojST 20. A person aggrieved by such assessment may appeal to Appeal, 

2 the superior court for the county where the land lies, by entering a com- ^°°^' ^^^' ^ ^' 

3 plaint in said court within thirty days after he has had actual notice 

4 of the assessment, which complaint shall be determined as other causes 

5 by the court without a jury. The complaint shall be heard at the first 

6 sitting of said court for trials without a jury after its entry; but the court 

7 may allow further time, or may advance the case for speedy trial, or may 

8 appoint an auditor as in other cases. The court may revise the assess- 

9 ment, may allow the recovery of an amount wrongfully assessed which 

10 has been paid, may set aside, in a suit begun within three years from the 

11 date thereof, a collector's sale made under an erroneous assessment, may ^ 

12 award costs to either party, and may render such judgment as justice and 

13 equity require. 

1 Section 21. If, in the opinion of the assessors, the owner of an estate Abatement of 

2 upon which an assessment has been made is, by reason of age, infirmity or igoTssT.*! v. 

3 poverty, unable to pay the assessment, they may upon application abate Jgof; goj; 1 3; 

4 the same. 

1 Section 22. A person aggrieved by the taxes assessed upon him for Application for 

2 the suppression of gypsy and brown tail moths, pursuant to section i9ii°243,'§ 1. 

3 eighteen or nineteen, may, within six months after the date of the first tax 

4 bill issued on account of the taxes complained of, apply to the assessors 

5 for the abatement thereof, who may make such abatement as they deem 

6 reasonable. 

1 Section 23. The assessors shall not abate a tax under the preceding Abatement 

2 section except upon the written recommendation of the local superin- ^^^'' ^''~' ^ ^" 

3 tendent who certified the assessment in question to the assessors or pro- 

4 vided them with the information as to the work performed, upon which 

5 such tax was assessed, unless the error or excess complained of originated 

6 in the work of the assessors who laid the tax. 

1 Section 24. The assessors shall keep a record of all such taxes abated Record of 

2 and shall preserve for three years all written recommendations received 1911,242, §3. 

3 under the preceding section. They shall fift-nish the collector of taxes 

4 with a certificate of each abatement, which shall relieve him from the 

5 collection of the sum abated. 



1368 



FORESTRY. 



[Chap. 132. 



Tent cater- 
pillar, leopard 
moth and elm 
beetle, 

1902, 57, § 1. 
1914, 404, § 1. 



Section 25. The city forester, superintendent or other person having 1 

charge of the suppression of gji)sy and brown tail moths in each city and 2 

town in the commonwealth, or, where there is no such person, the tree 3 

warden may destroy within the limits of his city or town the tent cater- 4 

pillar, leopard moth and elm beetle or any other tree or shrub destroying 5 

pest, if authorized so to do by the mayor and city council or by the select- 6 

men in towns. 7 



Entry on land. 
Assessment for 
cost of work. 
1902,57, § 1. 
1914, 404, § 2. 



Section 26. The city forester or other officer designated in the 1 
preceding section may enter upon private land, and the owners of private 2 
land may be taxed for work done under said section as provided by 3 
sections eighteen and nineteen; provided, however, that nothing con- 4 
tained in this section shall require the commonwealth to pay any part of 5 
any such expense other than for the suppression of the gypsy and brown 6 
tail moths, that no land shall be assessed hereunder which has been 7 
assessed the maximum amount provided by said sections eighteen and 8 
nineteen for the suppression of the gypsy and brown tail moths, and 9 
that the aggregate assessment on any parcel of private land for the sup- 10 
pression of the tent caterpillar, leopard moth, elm beetle and gypsy 11 
and brown tail moths shall not exceed the maximum provided by said 12 
sections. 13 



Arsenate of 
lead furnished 
at cost. 
1913, 605, § 1. 
1915, 80. 



Section 27. To assist in exterminating gj^psy and brown tail moths, 
the local moth superintendent in any city or town may furnish, at cost, 
to any owner of real estate situated within such city or town arsenate of 
lead. It shall be used only for the suppression of gypsy and brown tail 
moths and only upon land of the purchaser. 



Collection 
of amount 
charged. 
1913, 605, § 2. 



Section 28. The amounts due for material furnished under the 
preceding section shall be charged by the local moth superintendent to 
the owners of private estates, and shall be collected in the same way as 
amounts a.ssessed for private work, and shall be a lien on said estates in 
the same manner as said assessments. The amount thus charged shall 
be deducted from the total amount expended in each city or town in the 
suppression of the gypsy and brown tail moths as provided in section 
fifteen. 



1 
2 

3 

4 
5 
6 

7 
8 



Forester 
to furnish 
arsenate 
of lead. 
1915, 171. 
1919, 350, § 42. 



Section 29. To assist in exterminating insect pests the city forester, 1 

local moth superintendent or tree warden in any city or town may obtain 2 

from the forester, at cost, arsenate of lead. It shall be used only for the 3 

suppression of gypsy and brown tail moths, the tent caterpillar, leopard 4 

moth and elm beetle, and only upon lands owned or controlled by the 5 

city or town. The cost of said material shall be certified by the forester 6 

to the state treasurer, and shall be collected by him as an additional state 7 

tax upon the city or town making such purchase. 8 



state forests. 
1914, 720, § 2. 
1916, 130. 
1919. 350, 
§§39-42. 



Section 30. The commissioner may, subject to the approval of the 
advisory council of the department of conservation, acquire for the 
commonwealth, by purchase or otherwise, and hold, any woodland or 
land suitable for timber cultivation within the commonwealth, and, with 
the approval of the governor and council, may take such lands in fee by 
eminent domain under chapter seventy-nine. The commissioner may, 



Chap. 132.] forestry, 1369 

7 subject to the approval of the advisory council of the department of 

8 conservation, after a public hearing, sell or exchange any land thus ac- 

9 quired which in his jlidgment can no longer be used advantageously for 

10 such purpose. The average cost of land so purchased by the commis- 

11 sioner shall not exceed five dollars an acre. 

1 Section 31. Lands acquired under the preceding section shall be Management 

2 known as state forests, and shall be under the control and management of i9H^72o°r3'^' 

3 the forester. He shall reforest and develop such lands, and may, subject '®^'*' ^''°' ^ *^- 

4 to the approval of the commissioner and advisory council of the depart- 

5 ment of conservation, make all reasonable regulations which in his opinion 

6 will tend to increase the public enjojTnent and benefit therefrom and to 

7 protect and conserve the water supplies of the commonwealth. 

1 Section 32. The forester, subject to the approval of the commissioner Appropriation. 

2 and advisory council of the department of conservation, may expend 1919; 350, \ 42. 

3 such sums as are annually appropriated for the necessary expenses in- 

4 curred under section thirty-one. 

1 Section 33. In 'addition to lands acquired under section thirty the Additional 

2 commissioner may purchase or take by eminent domain and hold for it a S" forests. 

3 state forests lands within the commonwealth suitable for the production ||"{':3^°''' 

4 of timber to the extent of not more than one hundred thousand acres. 

5 The land shall be purchased before August fifth, nineteen hundred and 

6 thirty-five, at a rate not exceeding an average cost of five dollars per 

7 acre or at such price as the general court may from time to time deter- 

8 mine. The forester shall reclaim the said lands by replanting or other- 

9 wise in order to produce timber and to protect the water supply of the 
10 commonwealth. 

1 Section 34. The commissioner may make rules and regulations Rules as to 

2 relative to hunting and fishing or other uses of any such land, provided forests^ 

3 that such rules and regulations shall be consistent with all laws in rela- ^^^°' '^°*' ^ *' 

4 tion to the protection of fish, birds and quadrupeds. 

1 Section 35. Towns may acquire by purchase, gift or bequest lands Forests 

2 for the purpose of forestation at a rate not exceeding an average cost of towns^^^° 

3 five dollars per acre and may reclaim and plant such lands. The said ^^^°' ^°*' ^ ^' 

4 department may upon application in such form as the forester may pre- 

5 scribe furnish such towns free of charge with seedlings for the planting 

6 of their lands. 

1 Section 36. To meet the expenditures authorized by sections thirty- Appropriation. 

2 three to thirty-five, inclusive, the said department may expend before ^^"°' ''°*' ^ "' 

3 August fifth, nineteen hundred and thirty-five, such simis not exceed- 

4 ing three million dollars as the general com-t may from time to time 

5 appropriate. 

1 Section 37. Every local forest warden, in addition to his duties pre- Duties of 

2 scribed by chapter forty-eight, shall investigate the values of forest lands, wa^dinr^' 

3 the character and extent of woodcutting operations, the prevalence of Jgjgj 350, 1 42. 



1370 FORESTRY. [CrAP. 132. 

insect pests injurious to forest growths, and other matters affecting the 4 
extent and condition of woodlands in his town, and shall report thereon 5 
to the forester at such times and in such form as he requires. 6 

REFERENCES. 

Setting fires in the open air, and state forester's power in relation thereto, Chap. 
48, §§ 13-15. 

Taxation of forest land, Chap. 61. 

Certain duties of forest wardens, Chap. 48, §§ 9, 10. 

Reimbursement of towns for providing protection against forest fires. Chap. 40, 

§11- . . ^ 

Fish and game deputies to give notice of fires. Chap. 130, § 9. 



Ch.\p. 133.] 



DISPOSITION OF OLD A>rD IXFIRM .^^EMALS. 



1371 



TITLE XX. 



PUBLIC SAFETY AND GOOD ORDER. 



Chapter 133. 
Chapter 134. 
Chapter 135. 
Chapter 136. 
Chapter 137. 
Chapter 138. 

Chapter 139. 
Chapter 140. 
Chapter 141. 
Chapter 142. 
Chapter 143. 

Chapter 144. 
Chapter 145. 
Chapter 146. 



Chapter 147. 
Chapter 148. 



Disposition of Old and Infirm Animals. 

Lost Goods and Stray Beasts. 

Unclaimed and Abandoned Property. 

Observance of the Lord's Day. 

Gaming. 

Intoxicating Liquors and Certain Non-Intoxicating 

Beverages. 
Common Nuisances. 
Licenses. 

Supervision of Electricians. 
Supervision of Plumbing. 
Inspection and Regulation of, and Licenses for. 

Buildings, Elevators and Cinematographs. 
Tenement Houses in Cities. ■ 
Tenement Houses in Towns. 
Inspection of Boilers, Air Tanks, etc. Licenses of 

Engineers, Firemen, and Operators of Hoisting 

Machinery. 
State and Other Police, and Certain Powers and 

Duties of the Department of Public Safety. 
Fire Prevention. 



CHAPTER 133. 

DISPOSITION OF OLD AND. INFIRM ANIMALS. 



Sect. 

1. Powers and duties of certain officers 

relative to disabled animals, etc. 

2. Payment of value of animals taken. 

Costs, etc. 



Sect. 

3. Value of infected animal. 

4. Disposition of certain horses owned by 

cities or towns. 



1 Section 1. Any officer or agent of any society incorporated under Powers and 

2 the laws of the commonwealth for the prevention of cruelty to animals tain"^officerf ' 

3 or for the care and protection of homeless or suffering animals, provided abfedTnimfll' 

4 he is also a special police officer appointed under section ten of chapter i88i_283. 

5 one hundred and forty-seven, or a constable, sheriff or deputy sheriff', or a g- 1- ^|' |i|- 

6 police officer of any town, may take possession of any old, maimed, dis- JM^. sijs, § i". 

7 abled, diseased or injiu-ed animal and apply to a district court, ■within 

8 whose district the animal is taken, for process to cause it to be killed 

9 humanely. If the owner is known, and can after reasonable search be 

10 found, a copy of such application shall be served upon him in hand with 

11 an order of court to appear at a time and place named to show cause 

12 why such animal should not be killed and its value determined. If he 



1915, 125. 



1372 



LOST GOODS AND STRAY BEASTS. 



[Ch.\p. 134. 



Payment of 
value of ani- 
mals taken. 
Costs, etc. 
18S1, 283. 
P. S. 96, § 15. 
R. L. 95, § 13. 

Value of in- 
fected animal. 
1907, 363, § 3. 



is unknown, or cannot after reasonable search be found, the court 13 

shall order notices to be posted in two public places in the town where 14 

the animal was taken, stating the facts of the case, and giving twenty- 15 

four hours' notice of a hearing on said application. At such hearing, if 16 

it appears that such animal is so old, maimed, disabled, diseased or in- 17 

jured as to be unfit for humane use, the court shall issue process directing 18 

any officer designated herein to kill the same humanely, and shall deter- 19 

mine its value. If the owner is aggrieved by such determination he may 20 

petition the superior coiu"t for the assessment of his damages under chapter 21 

seventy-nine. 22 

Section 2. The value or damages, if any, determined under the pre- 1 

ceding section, and the reasonable costs and expenses incurred by said 2 

officer and approved by the court, shall be paid by the society whose 3 

officer or agent made the application for process. i907. 363, § 2. 4 

Section 3. If the animal taken possession of as aforesaid has any 1 

infectious or contagious disease, or, for any reason, might lawfully be 2 

destroyed as an abatement of a public nuisance, that fact shall be prima 3 

facie evidence that the animal has no value. 4 



Disposition of 
certain horses 
owned by 
cities or 
towns. 
1908, 133. 



Section 4. Whenever any horses used in any department of any 1 
town shall, by reason of disability or disease, become unfit for use therein, 2 
the officer in charge of such department, in cities with the approval of 3 
the mayor, and in towns with the appro^•al of the selectmen, instead of 4 
causing such horses to be sold, may transfer them to the custody of the 5 
Red Acre Farm, Incorporated, or any charitable society incorporated 6 
in the commonwealth for the prevention of cruelty to animals, or for the 7 
care and protection of dumb animals, if the society is willing to accept 8 
the custody thereof, to be disposed of as the society may deem best; 9 
provided, that the society' upon recei\"ing any such horse shall give a 10 
written agreement not to sell the horse or let the same for hire. If any 11 
horse so received shall thereafter be sold or let for hire, the proceeds of 12 
such sale or letting shall be the property of the town, and custody of the 13 
horse shall revert thereto. 14 



CHAPTER 134. 



LOST GOODS AND STRAY BEASTS. 



Sect. 

1. Finder of lost money or goods to give 

notice, etc. 

2. When stray beasts are taken up, 

notice to be given. 

3. Restitution of property. 



Finder of lost 
money or goods 
to give notice, 
etc. 

C. L. 142, § 1. 
1698,9, § 1. 
1727-8. 6, § 1. 
1788, 55, § 1. 
R. S. 56, § 1. 
G. S. 79, § 1. 
P.S.95, § 1. 
R. L. 94, § 1. 
1918,237,1324. 



Sect. 

4. Rights of finder if no owner appears. 

5. Sale of strays. 

6. Eights of owner and finder of strays. 

7. Penalty for taking away strays. 



Section 1. Any person who finds lost money or goods of the value 1 

of three dollars or more, the owner of which is unknown, shall within 2 

two days report the finding thereof to the officer in charge at a police 3 

station in the town where said property was found, or, if tiiere is no 4 

police station, post notice thereof in two public places therein, or, in- 5 

stead of such report or posting, cause notice thereof to be advertised 6 

in a newspaper published therein. i9i9, 5. 1920, 2. 7 

105 Mass. 163. 106 Mass. 286. 116 Mass. 42. 130 Mass. 176. 



Chap. 134.] lost goods and stray beasts. 1373 

1 Section 2. Except as otherwise provided in chapter one hundred ^^st" aretLken 

2 and thirty-three, any person who takes up a stray beast shall report, "p. "oti'^e to be 

3 post or advertise the finding thereof, in the manner provided in the c. l 142, § i.^ 

4 preceding section, giving a description of the color and the natural and nss, 55, § 1.' "' 

5 artificial marks of such beast; otherwise he shall not be entitled to com- §! i! 79! § 2. 

6 pensation for any expenses which he may incur relative thereto. r. l.94',\ 2, 

1918,257, §325. 1919,5. 1920,2. 

1 Section 3. If, within three months after the finding of stray beasts. Restitution 

2 or within one year after the finding of lost money or goods, the owner c. £™i42,"§'3. 

3 appears and, except as otherwise provided in section two, pays all reason- nss! Is, § 3. 

4 able ex-penses incurred by the finder in keeping such goods or beasts and ji*^s.'s6,'§V5',7. 

5 in complying with this chapter, he shall have restitution of the money, p; |; ^|; || s/i. 

6 goods or beasts. R L- o*. § *■ 

191S.257, §327. 1919,5. 1920,2. 

1 , Section 4. If the owner of lost money or goods does not appear Rights of 

2 within one year after the finding thereof, they shall enure to the finder, ownir ap°p'ears. 

3 provided he has complied with section one. i7ss, 55, § 3. r. s. 56, § e. 

G. S. 79, § 6. R. L. 94, § 5. 1919, 5. 

P. S. 95, § 6. 1918, 257, § 328. 1920, 2. 

1 Section 5. If the owner of stray beasts does not appear within Saie of strays. 

2 three months after the finding thereof and prove title thereto, the Hlf, h. §'2. 

3 finder may sell them by public auction, first giving notice of such sale, §; 1 79; § g.' 

4 at least four days before the time of sale, in two public places in the r.l.m',|1). 

5 town where the beasts were found. 

1918,257, §329. 1919,5. 1920,2. 

1 Section 6. If the owner of stray beasts appears within one year Rights of 

2 after the finding thereof, and proves title thereto, he shall, if they have findlrof"strays. 

3 not been sold under the preceding section, have restitution thereof upon fra^;"^!/'' 

4 payment, except as provided in section two, of all reasonable expenses Jgis'^fg^' 

5 incurred by the finder in keeping such beasts and in complying with |f^|'||'||- 

6 this chapter; but if they have been sold he shall be entitled to receive c.g^railg. 

7 the proceeds of the sale after deducting the ex-penses aforesaid. If no r'. l. 94, § 7. 

8 such owner appears within said. year the beasts, or the proceeds, shall 1919; 5. ' 

9 enure to the finder, provided he has complied with this chapter. ^^^°' ^■ 

1 Section 7. Any person who takes away a beast taken up as a stray. Penalty for 

2 without paying all lawful charges in relation thereto, shall forfeit to the stray!. "^"^ 

3 finder double the amount of such charges, but not more than the value f698',9!§'i*' 

4 of the beast at the time of such taking away. 



1788, 55, § 5. 


P. S. 95, § 11. 


1919, 5. 


R. S. 56, § 11. 


R. L. 94, §9. 


1920, 2. 


G. S. 79,§ 11. 


1918,257, § 332. 





REFERENCES. 

Provisions prohibiting the leading, riding, driving, or sale by auction of certain 
horses on any public way, Chap. 272, § 78. 

Provisions as to disposition of old and infirm aniinals by certain societies, Chap. 133. 

Disposition of money, goods or other property that comes into the possession of a 
member of a city police department, Chap. 135, §§ 7-11. 

Disposition of money, goods or other property that comes into the possession of 
a public officer or other employee of the metropohtan district commission, Chap. 
92, §§ 89-94. 



1374 



UNCLAIMED AND AB.\NDONED PROPERTY. 



[Ch.U'. 135. 



CHAPTER 135, 



UNCLAIMED AND ABANDONED PROPERTY. 



Sect. 

1. Publication of unclaimed effects of 

passengers. 

2. Sale of unclaimed articles. 

3. Proceeds to be paid to commonwealth. 

4. Penalty for failure to comply with 

certain provisions. 
6. Perishable articles maj' be sold. 
6. Sale of unclaimed goods carried by a 

railroad or vessel or by express. 



Sect. 

7. Disposition of stolen, etc., property by 

police officers. 

8. Sale of such property, etc. 

9. If perishable, etc., how sold. 

10. Proceeds, disposal of. 

1 1 . When owner to be paid if he applies. 

12. Timber carried away by flood may be 

taken by owners, etc. 



Publication of 
unclaimed 
effects of 
passengers. 
1851, 147, § 1. 
G. S. 80, § 1. 
P. S. 96. § 1. 
R. L. 95, § 1. 
6 Allen, 240. 



Sale of tin- 
claimed articles. 
1851, 147, § 2. 
G. S. 80. § 2. 
P. S. 96, § 2. 
R. L. 95, § 2. 



Section 1. Railroad corporations and proprietors of steamboats en- 1 

gaged in the transportation of passengers shall semi-annually, on the 2 

first Mondays of January and July, publish, in one newspaper at least 3 

in every county where such corporation or proprietors have a pas- 4 

senger station or office, a descriptive list of all trunks, bags, valises, 5 

parcels and passengers' effects which have been left and then remain 6 

unclaimed at any passenger station or office, or in the possession of any 7 

such corporation, proprietors or their agents, and the list shall indicate 8 

all such specific marks as may serve to identify the same. 9 

Section 2. If at the expiration of six months after such advertise- 1 

ment any of the articles so advertised remain unclaimed, said corpora- 2 

tion or proprietors having possession thereof shall give notice to the 3 

aldermen of the city or selectmen of the town where the articles may 4 

be, who shall cause them to be examined, and may order them to be 5 

sold by public auction upon publication, in the manner set forth in the 6 

preceding section, of notice of the time and place of sale, or may order 7 

them to be again advertised and to remain another six months before 8 

being sold. 9 



Proceeds to 
be paid to 
commonwealth. 
1851, 147. § 3. 
G. S. 80, § 3. 



Section 3. The proceeds of all articles so sold, after deducting costs 1 
of storage and all expenses incurred in complying with sections one and 2 
two, shall be paid to the commonwealth. P. s. 96, § a. r. l. 95, § a. 3 



Penalty for 
failure to _ 
comply with 
certain pro- 
visions. 
1851. 147, § 4. 
G. S. SO, § 4. 



Section 4. Any such corporation or proprietor neglecting or omit- 1 

ting so to advertise and cause any such effects to be examined shall be 2 

liable for all damages caused thereby, and shall also forfeit one hundred 3 

dollars. p. s. 96, § 4. r. l. 95, § 4. 4 



Perishable 
articles may 
be sold. 
1857, 237. 
G. S. SO, § 5. 
P. S. 96, § S. 
R. L. 95, § 5. 



Section 5. When a common carrier has transported fresh meats, 1 

fresh fish, shellfish, fruit or vegetables to theu* destination, such carrier 2 

may, in the exercise of a reasonable discretion, after notice to the owner 3 

or consignee thereof of the arri\-al of such goods and his refusal or omis- 4 

sion to pay the freight and proper charges thereon and to receive and 5 

take them away, or without such notice and refusal or omission if such 6 

owner or consignee thereof cannot, on reasonable inquiry, be found, sell 7 

the same at public or private sale without advertising. The proceeds 8 

thereof, after deducting the amount of the freight thereon and the 9 

charges and expenses of sale, shall be paid to tlie owner or consignee. 10 



Chap. 135.] uncl.\imed and ab.andoned property. 1375 

1 Section 6. If goods carried by a railroad company, by express or Saieofun- 

2 in a vessel are not called for by the owner or consignee within one year carried by°a 

3 after the date of their receipt at the place of consignment, they may be vessei'or°by 

4 sold by public auction, notice of the time and place of sale, containing a ilSffsg. 

5 descriptive list of all such goods with all such specific marks as may p^ s''9g^^s§ e-g 

6 serve to identify the same, first being published once a week for three R- l. 95, 

7 successive weeks in a newspaper, if any, published in the town where lais, 257, 

8 such sale is to take place, and also in the town to which they were igig.'s. 

9 consigned, otherwise in the newspaper published nearest thereto. The 2oiVass. 564. 

10 proceeds, after deducting costs of transportation, storage, advertising ^°^ ^'^^'^^- *^^- 

11 and sale, shall be paid to the owner, upon demand and satisfactory 

12 proof of ownership, within three years after the sale; otherwise to the 

13 commonwealth. 

1 Section 7. If property which has been stolen, lost, abandoned or Disposition of 

2 taken from a person imder arrest comes into the possession of a member property by 

3 of the police department of a city by virtue of his office, he shall deliver issorisfrri'. 

4 the same to the officer or member of the department designated by the ^- ^ ^^j \ ^^■ 

5 rules thereof, and shall thereupon be relieved from further responsibility 

6 therefor. The officer or member to whom such property is so delivered 

7 shall give notice as provided in section one of chapter one hundred and 

8 thirty-fom-. 

1 Section 8. If such property remains unclaimed in the possession of prope/ty^ete. 

2 such police department or member thereof for six months, and the ^f^j's^*' 

3 owner thereof or his place of abode or business is unknown, such de- P- s. 9| § 11. 

4 partment may sell the same, excepting money unclaimed, by public 

5 auction, notice of the time and place of sale, with a description of the 

6 property to be sold, first being given by publishing the same once in 

7 each of three successive weeks in a newspaper published in such city. 

1 Section 9. Such property, if perishable or liable to deteriorate if perishable. 

2 greatly in value by keeping or the value of which will probably be less isso, 155, § 4. 

3 than the ex-pense of keeping the same, may be sold by public auction r. l. 95, § w. 

4 within said six months in accordance with the rules of the department, 

5 reasonable notice of the time and place of sale first being given by pub- 

6 lishing the same in a newspaper published in such city. 

1 Section 10. The proceeds of such sale, or the balance of such un- Proceeds, dis- 

2 claimed money, after deducting all reasonable charges and expenses ilEo, 155, § 5. 

3 incurred on such property, shall be paid into the city treasury. r.l.95,Vu. 

1 Section 11. If, within two years and six months after such money when owner 

2 has come into the possession of a member of the police department of 1,° appifes. ' 

3 a city or within two years after such sale of other property, the owner J.* f^'gl^^j \i; 

4 claims and proves ownership thereof, the unclaimed balance of such ^- ^- ^^' 5 12. 

5 money or the proceeds of such sale, after deducting all reasonable 

6 charges and expenses, shall be paid to him, upon the order of the head 

7 of such department. 

1 Section 12. The owner of a log, mast, spar or other timber carried J^^"y bygood* 

2 by flood into land adjoining any river, stream or pond may, within six "y^o^ners'^etc. 

3 months, remove the same from said land upon paying or tendering to i^so, 31. 



1376 



OBSERV.\NCE OF THE LORD S DAT. 



[ClLiP. 136. 



1793. 42, 
§§ 4, 6. 
1S04, 5. 
R. S. 62. § 1. 
1841. 26. 
G. S. 78. § 1. 
P. S. 94, § 1. 



the owner or occupant thereof such reasonable damages as may be 4 

caused by such removal; and if he does not so remove it within said six 5 

months, or otherwise agree with the owner or occupant of such land, 6 

it shall be the property of such owner or occupant. 7 

E. L. 93. § 1. lOG Mass. 286. 



REFERENCES. 

Provisions where lost money or goods or stray beasts are retained by the finder 
other than a member of city police. Chap. 134. 

Disposition of old and infirm animals, Chap. 1.33. 

Disposition of money, goods or other property that comes into the possession of 
a police officer or other employee of the metropohtan district commission, Chap. 
92, §§ 89-94. 

Carrier not to be liable for failure to deliver goods when sold to satisfy a carrier's 
lien or when sold because unclaimed, perishable or hazardous, Chap. 108, § 25. 



CHAPTER 136. 

OBSERVANCE OF THE LORD'S DAY. 



Sect. 

1. "Lord's day" defined. 

2. Being present at or taking part in 

certain entertainments on Lord's day 
prohibited. 

3. Maintaining certain public exhibitions 

prohibited. 

4. Certain public entertainments may be 

licensed. Revocation. 

5. Keeping open ahop, etc., and doing 

certain work, etc., prohibited. 

6. Limit of operation of preceding section. 
7; Sale of certain articles on Lord's day 

licensed. 

8. Pro\4sions of licenses. Fee. Revocation. 

9. Certain work may be performed on 

Lord's day. 

10. Certain parades with music allowed on 
Lord's day. 
Firemen may parade with music on 

second Sunday of June. 
Persons keeping places of entertain- 
ment, etc., to entertain only travelers, 
etc. 

13. Civil process not to be served on 
Lord's day. 



11 



12. 



Sect. 

14. Penalty for rude behavior. 

15. Limitation of the commencement of 

prosecutions. 

16. Sheriffs, etc., to inform of offences. 

17. Penalty for discharging firearms, etc., 

on Lord's day. 

18. Innholders who permit implements of 

gaming to be used, etc. 

19. Department of public utilities may au- 

thorize running trains and steam- 
boats on Lord's day. 

20. This chapter not a defence. 

CERT-IIN SPORTS AND GAMES PEKMITTED ON 
THE lord's D.\Y. 

21. Certain sports and games permitted. 

22. To be held only on licensed places. 

23. To be conducted under regulations, 

etc. 

24. No admission to be charged, etc. 
2.5. Revocation of permit. 

26. Manner of accepting sections 21 to 28, 

inclusive. 

27. Resubmission of said sections. 

28. Limit of application of said sections. 



"Lord'sday" 
defined. 
1782, 23, § 6. 
1791,58, § 4. 



Being present 
at or taking 
part in certain 
entertainments 
on Lord's day 
prohibited. 
1760-1,20, §9. 
1782. 23, 
§§1,7. 
1791, 58, 
U I. 5. 
1796. 89, § 1. 
R. S. 50, § 5. 
1858, 151. 



Section 1. The Lord's day shall include the time from midnight to 1 
midnight. R- s. so, § 4. i844, leo, § 2. 2 

G. S. 84, § 12. p. S. 98, § 16. R. L. 98, § 16. 



Section 2. Wlioever on the Lord's day is present at a game, sport, 
play or public diversion, except a concert of sacred music, a public 
entertainment duly licensed as provided in section four or a free open 
air concert given by a town, or by license of the mayor or the selectmen, 
upon a common or public park, street or square, shall be punished by 
a fine of not more than five dollars. Whoever on the Lord's day takes 
part in any game, sport, play or public diversion, except as aforesaid, 
shall be punished by a fine of not more than fifty dollars. This and the 



Chap. 13(3.] observ.^nce of the lord's day. 1377 

9 following section shall not apply to sports or games conducted in ac- g. s. s4, § 4. 
10 cordance with sections twenty-one to twenty-eight, inclusive. issv, 391, ii. 

1895. 434, 5§ 1,4. 1908, 38.5, § 1. 1919,5. 

R. L. 98, §§ 1. 2, 5. 1918, 257, §§ 330. 338. 1920, 2; 240. 

1904, 460, §§ 1-3. 

1 Section 3. Whoever offers to view, sets up, establishes, maintains. Maintaining 

2 or attempts to set up, establish or maintain, or promotes or assists in exhibUiSns '" 

3 such attempt, or promotes, or aids, abets or participates in offering to c.'l.''i33' 

4 view, setting up, establishing or maintaining any public entertainment 1B92-3, 22, § 1. 

5 on the Lord's day, except a concert of sacred music, or a free open air Jyoy-s'.^'Vi'' 

6 concert given as provided in the preceding section, unless such public H''.°"g'-'^' 

7 entertainment shall be in keeping with the character of the day and not 1782, 23, 

8 inconsistent with its due observance and duly licensed as provided in iroi. ss, 

9 the following section, or whoever on the Lord's day acts as proprietor, 1796, Iq, § 1. 

10 manager or person in charge of a game, sport, play or public diversion, f^ f |°' 

11 except a public entertainment licensed under the follo\Aing section, a con- ^-^^ ^*- ^^ ^• 

12 cert of sacred music, or a free open air concert given as aforesaid, shall i*';^' '■^^■ 

13 be punished by a fine of not more than five hundred dollars. 

p. S. 98, §H,2. 1904, 4fi0, §§ 1-3. 1919,5. 

1887, 391. mOS, 385, § 1. 1920, 2. 

1895, 434, §§1,2, 4. 1918, 257, §§ 336, 338. 185 Mass. 551. 
R. L. 98, §§ 1,2,5. 

1 Section 4. Except as provided in section one hundred and five of ^n"*ftainments 

2 chapter one hundred and forty-nine, the mayor of a city or the selectmen pay be 

3 of a town may, upon written application describing the proposed enter- Revocation 

4 tainment, grant, upon such terms or conditions as they may prescribe, a 1909! 189! 

5 license to hold on the Lord's day a public entertainment, in keeping 

6 with the character of the day and not inconsistent with its due observ- 

7 ance, to which admission is to be obtained upon payment of money 

8 or other \aluable consideration; provided, that no such license shall be 

9 granted to have effect before one o'clock in the afternoon, nor shall it 

10 have effect unless the proposed entertainment shall, upon application 

11 accompanied by a fee of one dollar, have been approved in writing by 

12 the commissioner of public safety as being in keeping with the character 

13 of the day and not inconsistent with its due observance. Any such 

14 license may, after notice and a hearing given by the mayor or selectmen 

15 issuing the same, or by said commissioner, be suspended, revoked or 

16 annulled by the officer or board giving the hearing. 

Whoever on the Lord's day keeps open his shop, Keeping open 

2 warehouse or workhouse, or does any manner of labor, business or doing certain 

3 work, except works of necessity and charity, shall be punished by pmhibfted. 

4 a fine of not more than fifty dollars. c. l. 133, §§ 1,2. 

1692-3, 22, § 1. 7"Gray, 164. 128 Mass. 148, 594. 

1716-7, 13, § 1. 8 Gray, 384, 553. 131 Mass. 156, 546. 

1727-8, 5, §§ 1,4. 11 Gray, 308. 135 Mass. 113. 

1760-1, 20, §§ 2, 9. 15 Gray, 433. 130 Mass. 384. 

1782, 23, § 1. 9 Allen. 118,452. 139 Mass. 74. 

1791, 58, § 1. 10 Allen, 18. 140 Mass. 199. 

1796, 89, § 1. 11 Allen, 209. 143 Mass. 28, 167. 

R. S. 50, § 1. 12 Allen. 187. 144 Mass. 359, 362, 363. 

G. S. 84, § 1. 13 Allen, 559. 145 Mass. 353. 

1862, 152. 14 Allen, 20, 165, 475, 4,85. 155 Mass. 543. 

P. S. 98, § 2. 97 Mass. 45, 166, 407. 411. 159 Mass. 101. 

1895, 434, §§ 2, 4. 101 Mass. 30, 366. 168 Mass. 519. 

R. L. 98. §§2,5. 103 Mass. 188. 170 Mass. .560. 

1904, 460, § 2. 105 Mass. 399. 176 Mass. 5, 104. 

1909. 423, § 4. 107 Mass. 251,439. 185 Mass. 551. 

1918, 257, §§ 336, 338. 108 Mass. 517. 190 Mass. 578. 

1919, 5. 109 Mass. 398. 194 Mass. 151. 

1920, 2. 112 Mass. 368, 467. 199 Mass. 534. 
6 Mass. 76. 115 .Vlass. 326. 200 Mass. 514. 
13 Mass. 324. 117 Mass. 65, 142. 208 Mass. 528. 

12 Met. 24. 118 Mass. 195. 213 Mass. 207. 

13 Met. 284. 120 Mass. 490. 221 Mass. 70. 
2 Cush. 556. 121 Mass. .301. 225 Mass. 445. 
4 Cush. 243. 122 Mass. 40. 125 U. S. 555. 
10 Cush. 257. 127 Mass. 123. 



1378 



OBSERVANCE OF THE LORD S DAY. 



[Chap. 136. 



Limit of 

operation of 

preceding 

section. 

R. S. SO, § 10. 

G. S. 84, §9. 

P. S. 98. § 13. 

1886, 82. 

1887, 391, § 2. 
1893, 41. 
1895, 434, § 2. 
1900. 440. 
1901.80. 

R. L. 98, 
§§ 3.4. 
1902.414, § 1. 
1908. 126, § 1; 
273, § 1; SS.'i; 
343. 

1909,420, § 2; 
423, § o. 
1910. 327. 
1911,328, § 1. 
1914,757, § 1. 

1916, 148, § 1. 

1917, 207. 

13 Allen, 559. 
122 M.iss. 40. 

144 Mass. a.TO. 

145 Mass. 
99, 430. 

149 Mass. 68. 
176 Mass. 104. 
194 Mass. 151. 
221 Mass. 70. 



Section 0. The preceding section .shall not prohibit the manu- 1 
facture and distribution of steam, gas or electricity for illuminating 2 
purposes, heat or motive power; the distribution of water for fire or 3 
domestic purposes; the use of the telegraph or the telephone; the 4 
retail sale of drugs and medicines, or articles ordered by the prescription 5 
of a physician, or mechanical appliances used by physicians or surgeons; 6 
the retail sale of tobacco in any of its forms by licensed innholders, 7 
common victuallers, druggists and newsdealers whose stores are open 8 
for the sale of newspapers every day in the week; the retail sale of ice 9 
cream, soda water and confectionery by licensed innholders and druggists, 10 
and by such licensed common victuallers a.s are not also licensed to sell 11 
certain non-intoxicating beA-erages, as defined in section one of chapter 12 
one hundred and thirty-eight, and who are authorized to keep open their 13 
places of business on the Lord's day; the sale of ice cream, soda water, 14 
confectionery or fruit by persons licensed under the following section or 15 
the keeping open of their places of business for the sale thereof; work 16 
lawfully done by persons working under permits granted under section 17 
nine; the sale by licensed innholders and common victuallers of meals IS 
such as are usually served by them, consisting in no part of intoxi- 19 
eating liquors, which meals are cooked on the premises but are not 20 
to be consumed thereon; the operation of motor vehicles; the letting 21 
of horses and carriages or of boats; unpaid work on pleasure boats; 22 
the running of steam ferry boats on established routes; the running 23 
of street railway cars; the running of steamboat lines and trains or 24 
of steamboats, if authorized under section nineteen; the preparation, 25 
printing and publication of newspapers, or the sale and delivery 26 
thereof; the wholesale or retail sale and delivery of milk, or the 27 
transportation thereof, or the delivery of ice cream; the making of 28 
butter and cheese; the keeping open of public bath houses; the mak- 29 
ing or selling by bakers or their employees, before ten o'clock in the 30 
forenoon and between the hours of four o'clock and half past six o'clock 31 
in the afternoon, of bread or other food usually dealt in by them; the 32 
selling of kosher meat by any person who, according to his religious 33 
belief, observes Saturday as the Lord's day by closing his place of busi- 34 
ness during the day until six o'clock in the afternoon or the keeping open 35 
of his shop on the Lord's day for the sale of kosher meat between the 36 
hours of six o'clock and ten o'clock in the forenoon; the performing of 37 
secular business and labor on the Lord's day by any person who con- 38 
scientiously believes that the seventh day of the week ought to be ob- 39 
served as the Sabbath and actually refrains from secular business and 40 
labor on that day, if he disturbs no other person thereby; the carrying 41 
on of the business of bootblack before eleven o'clock in the forenoon; 42 
the digging of clams; the icing and dressing of fish; the cultivation 43 
of land, and the raising, harvesting, conser^4ng and transporting of 44 
agricultural products during the existence of war between the United 45 
States and any other nation and until the first day of January following 46 
the termination thereof; the sale of catalogues of pictures and other 47 
works of art in exhibitions held by societies organized for the purpose 48 
of promoting education in the fine arts or the exposure of photographic 49 
plates and films for pleasure, if the pictures to be made therefrom are 50 
not intended to be sold and are not sold. 51 



Sale of certain 
articles on 

Uransed.^'^ tliis aud the following section or has accepted corresponding provi- 



Section 7. In Bcston, and in any other city or town which accepts 1 



Chap. 13G.] observ.vnce of the lord's day. 1379 

3 sions of earlier laws, in a city by its city council or in a town by the 1909, 42.3. §§ 1, 

4 voters of the town at an annual town meeting, the licensing board or 1918,257, 

5 officer in such city or town, or if there is no such board or officer the H^.'s. 

6 aldermen of a city, or if there are no aldermen the city council, with 225°Mass. 104. 

7 the approval of the mayor, or the selectmen of a town, may grant, 

8 to any reputable person who on secular days is a retail dealer in ice 

9 cream, confectionery, soda water or fruit and who does not hold a 

10 license for the sale of certain non-intoxicating beverages, as defined in 

11 section one of chapter one hundred and thirty-eight, a license to keep 

12 open his place of business on the Lord's day for the sale of ice cream, 

13 confectionery, soda water or fruit. 

1 Section 8. Every license granted under the preceding section shall ^f™™^""* 

2 specify the street or place and the number, if anv, or if there is no f^e. 

3 number, the location of the place of business in which the license is i909, 423, § 2. 

4 to be exercised, and the license shall not be valid in any other place. 

5 A license if granted prior to May first in any year shall take effect on 

6 that day, but if granted thereafter it shall take effect on the date thereof, 

7 and all licenses shall ex-pire on April thirtieth of each year. The fee for 

8 such license shall not be more than five dollars a year, and it may be sus- 

9 pended or revoked by the officer or board granting the same. 

1 Section 9. The police commissioner of Boston, or any member of ^"^J^jj" '^"/} 

2 the police department having a rank not lower than that of captain formed on 

11- 11 • 1 • • 1 1 ' p p !• I Lord s day. 

3 and designated by said commissioner, or the chief 01 police or other 1909, 420. § 1. 

4 officer in charge of the police department of any other city or of any 

5 town, upon such terms and conditions as he deems reasonable, may 

6 issue a permit for the performance on the Lord's day of necessary work 

7 or labor which in his judgment could not be performed on any other 

8 day without serious suffering, loss, damage or public inconvenience. 

9 Such permit shall cover not more than one day and shall not be issued 
10 more than six days prior to the day for which it is issued. 

1 Section 10. Any post of the Grand Army of the Republic, camp of p^^''^^^" 

2 the United Spanish War Veterans or post of the American Legion may «;i'h music 

,•1. I'll I •! allowed on 

3 parade with music on the day designated by tlie national encampment Lord's day. 

4 of the grand army as memorial Sunday next preceding Memorial Day, 1920', hi! 

5 for the special purpose of attending divine service on that day; pro- 

6 \dded, that the music shall be suspended while passing -within two 

7 hundred feet of any place of public worship where ser\'ices are being held. 

1 Section 11. Any company or association of firemen, whether in Firemen may 

2 active service or former members of a fire department, may parade mj^ic^on' 

3 with music on firemen's memorial day, the second Sunday of June in ofXne. "" "^ 

4 each year, for the special purpose of decorating the graves of deceased ^^°^' ^^®- 

5 firemen; provided, that the music shall be suspended while passing 

6 within two hundred feet of any place of public worship where services 

7 are being held. 

1 Section 12. Whoever, keeping a house, shop, cellar or place of klip?"! places 

2 public entertainment or refreshment, entertains therein on the Lord's ofentertain- 

01 1 11 ir ment, etc., to 

3 day any persons other than travelers, strangers or lodgers, or sutlers entertain only 

4 such persons on said day to remain therein or in the yards, orchards or 1692-3,22, §3. 

5 fields appertaining thereto, drinking or spending their time idly or at 1727-8, .5, § 3. 



1380 



OBSERVANCE OF THE LORD S DAY. 



[Chap. 13(5. 



1760-1,20, §4. 
1782, 23, 
§§ 4, 7. 
1791, 5S, § .3. 
1796, 89, § 1. 
1832, 166, § 5. 
R. S. 47, § 13; 
50, § 3. 
1837, 242, § 1. 



play, or in doing any secular business, shall for a first offence be pun- (i 

ished by a fine of not more than fifty dollars for each person so enter- 7 

tained or suft'ered so to remain; and for a subsequent offence by a fine 8 

of not more than one hundred dollars; and if convicted three times, he 9 

shall thereafter be disqualified to hold a license. i844, leo. 10 

G. S. S4, § 3. p. S. 98, § 4. 2 Pick. 139. 

1864, 79. R. L. 98, § 6. 117 Mass. 116. 



Civil process 
not to be 
served on 
Lord's day. 
17S2, 23, § 11. 
1791, 58, § 9. 
R. S. 50, § 7. 



Section 1.3. A civil process shall not be served or executed on the 
Lord's day, and such ser\-ice if made shall be void, and the person who 
serves or executes it shall be liable in damages to the person aggrieved 
in like manner as if he had no such process. g. s. 84, § a. 

p. S. 98. § 6. R. L. 98, § 8. 140 Mass. 147. 



rude"beha°vior. SECTION 14. Whocvcr ou the Lord's day bchaves rudcly or iudcccntly 1 

i79i'ss'§7 i'^ ^'^.V house of public worship shall be punished by a fine of not more 2 

R. s.'50,'§8. than ten dollars. g. s. 84, §7. p. s.9s, §7. r. l. 98, §9. 3 

tiJrcommenie- SECTION 15. Prosccutions for penalties incurred under the preceding 1 

mentotpros- provisious of this chapter shall be commenced within six months after 2 

ecutions. ^ rt> • i 

1815,135. the oitence was committed. r. s. so, §ii. 3 

G. S. 84. § 10. ^ p. S. 98, § 8. R. L. 98, § 10. 



Sheriffs, etc., 
to inform of 
offences. 
1727-8, 5, § 5. 



Section 16. Sheriffs, constables and grand jurors shall inquire into 1 
and inform of all violations of this chapter, and cause it to be enforced. 2 

R. L. 98, § 11. 



1791. 58. S§ 10. 12 
R. S. 50, J 9. 



G. S 
P. S. 



84. § 8. 
98, § 9. 



Penalty for 

discharging 

firearms, etc., 

on Lord's day. 

1865, 253. 

P. S. 98, §§ 10- 

12. 

R. L.98, § 12. 

1908, 123. 



Section 17. Whoever on the Lord's day discharges any firearm 
for sport or in the pursuit of game, or attempts to take or catch any 
fish by using any hook, line, net or spear, shall be punished by a fine of 
not more than ten dollars. Prosecutions hereunder shall be commenced 
within thirty days after the offence was committed. 



Innholders who 
permit imple- 
ments of 
gaming to be 
used, etc. 
1854, 450. § 1. 
G. S. 84. § 11. 
P. S. 98, 5 14. 
R. L. 98, § 13. 



Section 18. Any innholder, common \ictualler or person keeping 1 

or suffering to be kept in any place occupied by him implements such 2 

as are used in gaming, in order that the same may for hire, gain or 3 

reward be used for purposes of amusement, who, on the Lord's day, 4 

uses or suffers to be used any such implements upon any part of his 5 

premises, shall for a first offence be punished by a fine of not more than 6 

one hundred dollars or by imprisonment for not more than three months; 7 

and for a subsequent offence by imprisonment for not more than one year; 8 

and in either case shall further recognize, with sufficient siu-eties, in a 9 

reasonable sum for his good behavior, and especially that he will not be 10 

guilty of any violation of this section for three months after the date of 1 1 

his recognizance. 12 



Department 
of public utili- 
ties may 
authorize 
running 
trains and 
steamboats 
on Lord's day. 
1881, 119. 
P. S. 98, § 15. 
1887, 391, § 3. 
1897, .389. 
R. L.98, §§14, 
15. 



Section 19. The department of public utilities may authorize the 1 

running, on the Lord's day, of such steamboat lines and of such trains 2 

on any railroad, as in its opinion public necessity and convenience require, 3 

having regard to the due ob.servance of the day; and may, if public neces- 4 

sity, con\enience, health or welfare so requires, authorize the running of 5 

steamboats on said day upon such conditions as it deems judicious to 6 

prevent disorderly conduct or the disturbance of public worship, and it 7 

may at any time revoke such authority. I9i3, 784. 1919,350. §ii7. S 



Chap. 136.] observ.vnxe of the lord's day. 1381 

1 Section 20. The provisions of tiiis chapter shall not constitute a This chapter 

2 defence to an action for a tort or injury suffered by a person on the 1877* 23?°'^^' 

3 Lord's day. 



p. S. 98. § 3. 


128 Mass. 594. 


165 Mass. 346. 


1884, 37. 


131 Mass. 156. 


209 Mass. 135. 


R. L. 98. § 17. 


140 Mass. 199. 


125 U. S. 555. 



CERTAIN SPORTS AND GAMES PERMITTED ON THE LORD S DAY. 

1 Section 21. In any city or town which accepts sections twenty-one Certain sports 

2 to twenty-eight, inclusive, in the manner provided in section twenty-six, pefmitted^ 

3 or has accepted corresponding provisions of earlier laws in the manner §§"f;7.*°' 

4 provided therein, it shall be lawful to take part in or witness any athletic n^jo)' 1^9 

5 outdoor sport or game, in which the contestants do not receive and have 
fi not been promised any pecuniary reward, remuneration or consideration 

7 whatsoever directly or indirectly in connection therewith, on the Lord's 

8 day between the hours of two and six in the afternoon as hereinafter 

9 provided. 

1 Section 22. Such sports or games shall take place on such play- To be held 

2 grounds, parks or other places as may be designated for that purpose in urens^ 

3 a license or permit issued by the city council, \nth the approval of the i92a^240. § 2. 

4 mayor, or by the selectmen; provided, that if, under any statute or 

5 ordinance, a public playground or park is placed under the exclusive 

6 charge and authority of any other officials, such officials shall, for that 

7 playground or park, be the licensing authority; and provided, that no 

8 sport or game shall be permitted in a place, other than a public play- 

9 ground or park, within one thousand feet of any regular place of worship. 

1 Section 23. Such sports or games shall be conducted subject to Tobecon- 

2 such regulations and restrictions as shall be prescribed by the city coun- regulations.*"^ 

3 cil or selectmen, and the same shall be stated in the license or permit. 1920, 240. § 3. 

1 Section 24. Xo admission fee shall be charged directly or indirectly. No admission 

2 and no business or other enterprise shall be conducted, and no collection etc. ^"^ ^'^ ' 

3 shall be made at any such sport or game. 1920, 240. § 5. 

1 Section 2.5. The licensing authorities described in section twenty-two Revocation 

2 may at any time and without previous notice revoke permits to conduct iglo.'aio. § 6. 

3 the said sports or games if they have reason to believe that any provision 

4 of sections twenty-one to twent.y-eight, inclusive, or of any regulation 

5 or restriction prescribed under section twenty-three, is being or will be 

6 violated. 

1 Section 26. In a city, the question of accepting sections twenty-one Manner of 

2 to twenty-eight, inclusive, shall be submitted at a city election, but only secSons 21 to 

3 upon a petition signed by not less than ten per cent of the voters and i92o°^24o!'rs. 

4 filed with the city clerk not less than thirty days before the election, and 

5 said sections shall take effect therein upon their acceptance by a majority 

6 of the voters voting thereon at such election. In a town, said sections 

7 shall take effect upon their acceptance by a majority of the voters voting 

8 thereon at an annual or special town meeting, and the selectmen of a town 

9 shall, upon the petition of not less than ten per cent of the registered 
ID voters thereof, call a special town meeting for the purpose of voting upon 
11 such acceptance. 



1382 



GAMING. 



[CH-\P. 137. 



Resubmission 
of said sec- 
tions. 
1920, 240. § n. 



Limit of 
application 
of said 
sections. 
1920, 240, § 4. 



Section 27. In any city or town in which the pro\asions of sec- 1 

tions twenty-one to twenty-eight, inclusive, are in force, said sections 2 

shall be resubmitted to the voters at a municipal election, if a petition 3 

to that effect, signed by not less than ten per cent of the voters, is filed 4 

with the city or town clerk not less than thirty days before the election. 5 

If, upon such resubmission, a majority of the voters voting thereon vote 6 

against said sections, they shall cease to have effect in that city or town 7 

until reaccepted by the voters as hereinbefore provided. 8 

Section 28. Sections twenty-one to twenty-eight, inclusive, shall 1 

not prohibit participation at other hours on the Lord's day in other out- 2 

door exercise not involving the element of contest, nor shall they permit 3 

horse racing, automobile racing, boxing, or hunting with firearms. 4 



REFERENCES. 

Disposal of applications to the commissioner of public safety under this chapter. 
Chap. 147, § 6. 

Use of any building as a theatre, special hall, place of pubhc resort, etc., prohibited 
unless licensed by commissioner of public safety and mayor of Boston, Chap. 143, 
§ 52. 

One day's rest in seven for employees, Chap. 149, §§ 47-52, wherein it is expressly 
stated that neither act shall authorize any work on Sunday not now authorized by 
law. 

Innkeepers and common victuallers allowed to keep their places, if licensed, open 
on Sunday, Chap. 140, § 8 f221 Mass. 70). 

Hunting or destroving birds, wild animals or game of any kind on Sunday pro- 
hibited, Chap. 131, §32. 

Baseball or football games between 1 and 6 p..m. on Sunday, in which all players 
are in United States military or naval service, and to which no admission is charged, 
allowed during the world war (special and temporary), 1918, 134. 

Mayor or selectmen may grant licenses for certain exhibitions, etc., but not to 
be held on Sunday, except that they may grant licenses for public entertainments 
on that day as provided in § 4 of this chapter, Chap. 140, § 181. 

Parades with firearms regulated. Chap. 33, § 64. 



CHAPTER 137 



GAMING. 



Sect. 

1. Recovery of money, etc., lost at gaming. 

2. Liability of owner of gaming house. 

3. Notes, conveyances, etc., for gaming, 

\'oid. 

4. Dealing in securities without actual 

sale. 



Sect. 

5. Stolen, etc., property, recovered by 
whom. 

G. Prima facie evidence of intent not to 
receive and deliver. 

7. "Securities" and "commodities" de- 
fined. 



Recovery of 
money, etc . 
lost at gaming. 
1736-7, 17. S 2. 
1742-3. 27, § 2. 
17S5, .58, § 2. 
R. S. SO, § 12. 
G. S. 8.5, § 1. 
P. S.99, § 1. 
1895,419, § 11. 
R. L. 99, § 1. 
17 Mass. SCO. 
3 Pick. 446. 
S Gray, 243. 
1 Allen, £63. 
116 Mass. 272. 
129 Mass. 407. 
133 Mass. 466. 



Section 1. Whoever, by playing at cards, dice or other game, or by 
betting on the sides or hands of those gaming, loses to a person so play- 
ing or betting money or goods, and pays or delivers the same or any part 
thereof to the winner, or whoever pays or delivers money or other thing 
of value to another person for or in consideration of a lottery, policy or 
pool ticket, certificate, check or slip, or for or in consideration of a chance 
of drawing or obtaining any money, prize or other thing of value in a 
lottery or policy game, pool or combination, or other bet, may reco\"er 
such money or the value of such goods in contract; and if he does not 
within three months after such loss, payment or delivery, without covin 



Chap. 137.] g.iming. 1383 

11 or collusion, prosecute such action with effect, any other person may sue 134 Mass. iso, 

12 for and recover in tort treble the value thereof. i36 Mass. 52.';, 564. 

143 Mass. 2S0, 149 Mass. 124. 170 Mass. 146. 226 Mass. 409. 



1 Section 2. The owner, tenant or occupant of a house or building Liawuty.of 

2 where money or goods are lost, paid or delivered in any form of gaming gam?ng°house. 

3 referred to in the preceding section, or by betting on the sides or hands a^s.'s™! 2. 

4 of those gaming, with the knowledge or consent of said owner, occupant rs9^5',®4%^ f 12. 

5 or tenant, shall be liable in the same manner and to the same extent as ?,■/'; r^"' ^„2.;„ 

r» I • • I' • T T 1 !• • 116 Mass. 272. 

6 the wuiner or receiver tliereoi is liable under the preceding section. 129 Mass. 407. 

' ^ 1.34 Mass. 150. 

143 Mass. 2S0. 154 Mass. 346. 226 Mass. 409. 



non- 
ances, etc., 
gaming, 



1 Section 3. Notes, bills, bonds, mortgages or other securities or con- Notes. 

2 veyances the whole or part of the consideration of which is money or Jor]_ 

3 goods won by gaming or playing at cards, dice or any other game, or by [ygfiLy n ^ i. 

4 betting on the sides or hands of persons gaming, or for repaying or re- "ll'lj^I'/ ^' 

5 imbursing money knowingly lent or advanced for gaming or betting, or i8oo;s7;§ s. 

6 lent and advanced at the time and place of such gaming or betting to a g'. s. 8.< § 4. ' 

7 person so gaming or betting, shall be void as between the parties thereto, r'. l. 99. § 3. 

8 and as to all persons except such as hold or claim under them in good l^iw^"^' 

9 faith and without notice of the illegality of the consideration. Jgoo; 2. 

3 Cush. 448. 120 Mass. 271. 151 Mass. 118. 226 Mass. 409. 

1 Section 4.' Whoever upon credit or upon margin contracts to buy Dealing in 

2 or sell, or employs another to buy or sell for his account, any securities or »Tthou'f actual 

3 commodities, intending at the time that there shall be no actual purchase ^islo, 437, § 2. 

4 or sale, may recover in contract from the other party to the contract, or R.'Liogfsc^' 

5 from the person so employed, any payment made, or the value of any- Jgl^j^f^^gg' |/' 

6 thing delivered, on account thereof, if such other party to the contract los Mass. 232, 

7 or person so employed had reasonable cause to believe that said inten- 174 Mass. 23s. 

8 tion existed; but no person shall have a right of action under this section 3S2. 

9 if, for his account, such other party to the contract or the person so em- Its, sooTsel.^' 

10 ployed makes, in accordance with the terms of the contract or employ- 251.^^"^^' ^"^' 

1 1 ment, personally or by agent, an actual purchase or sale of said securities p^ ^'^^^- ^''^' 

12 or commodities, or a valid contract therefor. If a purchase or sale of the '** ^'^^s- ^is, 

13 securities or commodities ordered to be bought or sold is made by the issMass. iss. 

14 person so employed on a stock exchange or board of trade, and other pur- 191 Mass! 117. 

15 chases or sales of such securities or commodities are made on the same igsMassillei 

16 day on such exchange or board by such person for others in due course of ingMnss. 242. 

17 business, and the balance of such purchases or sales of securities or com- ;Jj° jjjjfjjj- 

18 modities is received or delivered by such person by direction of the clear- 206 Mass. 275. 

19 ing house of such exchange or board on the day when such purchase or 214 Mass! iso! 

20 sale or contract therefor is made, or on the regular clearing day of such 221 Mass! 495! 

21 exchange or board next thereafter, which shall not be more than four 226 Mass! 46^' 

22 days after the making of such purchase or sale, or contract therefor, 232 Mass! 117. 

23 such purchases and sales shall be deemed actual purchases and sales fjg ^Im- 'Hf 

24 within the meaning of this section. 

1 Section 5. If, in a case under the preceding section, the money or .stolen, etc., 

2 property paid or delivered has been stolen, embezzled or fraudulently recovered 

3 or wrongfully used by the party entitled to recover under said section, i.sgo.'Ts?! § 3. 

4 the person to whom it rightfully belongs may in his own name recover loo^ji^a^s's^aw. 

5 it in contract. 



1384 



INTOXICATING LIQUORS, ETC. 



[Chap. KiS. 



Prima facie 
evidence of 
intent not to 
receive and 
deliver. 
1890,437. 5 4. 
1901,459, § 2. 
R. L. 99. § U. 
1919.247,8 2. 
ISl Mass. 251. 
182 Mass. 321. 
195 Mass. 419. 
200 Mass. 307. 
206 Mass. 27.'). 
217 Mass. 451. 
221 Mass. 49.i. 
226 Mass. 4(1. 
230 Mass. 49. 
234 Mass. 23l'i. 
236 Mass. 454. 



"Securities" 
and "com- 
modities" 
de6ned. 
1890.437,5 1. 
R. L. 99. § 7. 



Section 6. In a proceeding under either of the two preceding sections, 1 

if the person so employed does not make an actual transaction relieving 2 

him from liability under section four, the fact that the seller or the per- 3 

son employing another to sell for his account did not own the securities 4 

or commodities at the time of the contract of sale or of the giving of the 5 

order to sell, and the fact that settlements were made without completion 6 

of the purchase or sale of the securities and commodities bought or sold 7 

or ordered to be bought or sold, shall each be prima facie e\idence that 8 

within the meaning of section four there was an intention that there 9 

should be no actual purchase or sale, and that there was reasonable 10 

cause to believe that said intention existed; and the parties liable to an 11 

action under said section shall be jointly and severally liable. 12 



Section 7. In the three preceding sections, the word "securities" 
shall include all evidences of debt or property and options for the pur- 
chase and sale thereof, shares in any corporation, joint stock company 
or association, bonds, coupons, scrip, rights, choses in action and other 
evidences of debt or property and options for the purchase or sale thereof; 
and the word "commodities" shall include everything movable that is 
bought and sold. 

REFERENCE. 
Criminal provisions for bucketing, etc., Chap. 271. 



CHAPTER 138. 

INTOXICATING LIQUORS AND CERTAIN NON-INTOXICATING 

BEVERAGES. 



Sect. 

definitions and sale. 

1. Definitions. 

2. Regulation of sales. 

3. Definition of intoxicating liquor. 

LICENSING BOARDS. 

4. Appointment. 

5. Terms of oflice. Removal. 

6. Cliairman. Quorum. Vacancies. 

7. Office, salaries, etc. 

8. Powers to vest in aldermen in no li- 

cense cities. 

9. Record and report. 

10. Certain cities exempt. 

GRANTING OF LICENSES. 

1 1 . Granting of licenses. 

12. Information relative to applications and 

licenses. 
1.3. Applications to be received during 
March and April. 

14. Number of licenses limited, etc. 

15. Notice of application to be published. 

16. Licenses may be refused to unfit per- 



CONDITIONS OF LICENSES. 

17. Conditions. 



Sect. 

classes of licenses. 
18. Five classes of licenses. 



FEES FOR LICENSES. 

19. Fees. 

20. Death of licensee, new license, etc. 

REGULATION OF LICENSED PREMISES. 

21. Entrances and screens. 

22. License of premises near school forbid- 

den. 

23. License in dwelling house or store con- 

nected with it forbidden. 

24. Hours of closing for common victuallers. 

DRUGGISTS. 

25. Sale by druggists. 

26. Licenses to druggists. 

27. Certificate of fitness for licen.sc. 

2S.. Sale of alcohol by pharmacists regu- 
lated. 

29. Druggist's license to become void in 

certain cases. 

30. Sale only on certificate. 

31. Record book for sales of liquor. Cer- 

tificate. 



Chap. 138.] 



INTOXICATING LIQUORS, ETC. 



1385 



Sect. 

32. Books, etc., open to inspection. 

33. Penalty for sale of liquor in name of 

pharmacist. 

SALE OF WOOD ALCOHOL. 

34. Manufacture, sale, etc. , of wood alcohol, 

etc., without license by other than 
registered druggist forbidden. 

35. Licenses to manufacture, sell, etc., 

wood alcohol, etc. 

36. Form of label on containers of wood al- 

cohol, etc. Penalty. 

37. Offence of unlawful sale of wood 

alcohol, etc. 

38. Penalty. 

LICENSES TO DEALERS IV PAINTS AND CHEM- 
ICALS. 

39. Licenses to dealers in paints, etc. 

40. License to become void in certain cases. 

41. Record book for sales. 

42. Refilling of bottles. 

BONDS AND TRANSFEKS OF LICENSES. 

43. Payment of fee and bond. 

44. Sureties on bond. 

45. Transfer of licenses. 

46. One quarter of fees to be paid to com- 

monwealth. Penalty. 

PENALTIES FOR ILLEG.AL SALE. SEIZURE. 
CIVIL DAMAGES. 

47. Entry on licensed premises for exam- 

ination and taking samples. 
4S. Forfeiture of license. 

49. Civil liability for damages caused by 

an intoxicated person. 

50. Action by owner paj^ng money for ten- 

ant. 

51. Minors under eighteen not to handle 

liquor. 

52. Penalty for furnishing liquor to minors. 

53. Penalty for false statement of age in 

order to procure liquor. 

54. Analysis of liquor bj' department of 

public health. 

55. Certificate to accompany sample. 

56. State secretary to pro\dde forms. Cer- 

tificate to be evidence. 

57. Tampering with samples forbidden. 



,Sect. 



58. 
59. 



60. 



Court may order analysis. 

Delivery of liquor prima facie evi- 
dence of sale in certain cases. 

Signs prima facie evidence of keeping 
for sale in certain cases. 

61. Search warrant. 

62. Search of dwelling house. 

63. Designation of place to be searched. 

64. Search of premises and seizure of 

liquor. 

65. Notice to keeper of liquors seized. 

66. Form and service of notice. 

67. Postponement of trial. 

68. Claimant of liquors may be admitted as 

party. Judgment. 

69. Disposition of forfeited liquor. 

70. Liquors not forfeited to be returned. 

71. Forfeiture of furniture, etc. 

72. Costs. 

73. Appeal. 

74. Superior court to have jurisdiction 

when liquors worth more than one 
thousand dollars. 

75. Arrest without warrant in certain cases. 

76. Charter of club where liquor is ille- 

gally sold, etc., may be declared 
void. 

77. Disposition of prosecution regulated. 

78. Licensing authorities to be notified of 

conv-iction. 

79. Owner of building to be notified of 

conviction. 
SO. Forms for prosecution. 

81. Liquors illegally kept, etc., common 

nuisances. 

82. Clubs u.sed for selling liquor common 

nuisances. 

S3. Penalty for illegal sale, etc., of certain 
non-intoxicating beverages. 

84. Conviction of licensee of violation of 
law or of conditions of license ren- 
ders license void. 

So. Certain pro^nsions not to apply to sales 
on a physician's prescription. 

S6. General penalty. 

87. Penalty for ^'iolation of certain sec- 

tions. 

88. Penalty for false certificates or prescrip- 

tions. 

89. Penalty for -iiolation of section 42. 



DEFINITIONS AND SALE. 

1 Section 1. The following words as used in this chapter, unless a Definitions. 

2 contrary meaning is required by the context, shall have the following ^""°" '^^°' ^ '" 

3 meanings: 

4 "Certain non-intoxicating beverages", all beverages containing not 

5 less than one half of one per cent and not more than two and three 

6 fourths per cent of alcohol by weight at sixty degrees Fahrenheit. Such 

7 beverages shall be deemed not to be into.xicating liquor. 

8 "Licensing board", the board appointed under section four or the 

9 board described in section ten. 



1386 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



"Licensing authorities", all boards or officers having power to grant 10 
licenses for the sale of intoxicating liquor or of certain non-intoxicating 11 
beverages. 12 



Regulation of 

sales. 

U, S. Const. 

Amend. IS 



Section 2. No person shall sell, or expose or keep for sale, spirituous 1 
or intoxicating liquor or certain non-intoxicating beverages, except as 2 



1920, 630. authorized by this chapter. 



236 Mass. 281. 



Penalty, §§ 83, 86. 



Definition of 

intoxicating 

liquor. 

236 Mass. 448. 



Section 3. Any beverage containing more than two and three 1 

quarters per cent of alcohol by weight at sixty degrees Fahrenheit, and 2 

distilled spirits, shall be deemed to be intoxicating liquor within the 3 

meaning of this chapter. 4 



Appointment. 
1875, 99, § 20. 
187S, 244, § 2. 
P. S. 100, § 28. 

1894, 428. 
HI, 2. 

1895, 379. 

1896, 396. 

R. L. 100, § 3. 
1920, 630, § 2. 
184 Mass. 238. 



LICENSING BOARDS. 

Section 4. In each city which is not exempt by the provisions of 1 

section ten there shall be a licensing board appointed by the mayor, con- 2 

sisting of three persons, who shall not be engaged, directly or indirectly, 3 

in the manufacture or sale of intoxicating liquors or of certain non- 4 

intoxicating beverages, who have been residents of the city in which 5 

they are appointed for at least two years immediately preceding their 6 

appointment, and who shall not hold any other public office except that 7 

of notary public and justice of the peace. One member shall be ap- S 

pointed from each of the two leading political parties and the third 9 

member may also be appointed from one of said parties. If any member 10 

of said board engages directly or indirectly in such manufacture or 11 

sale, his office shall immediately become vacant. 12 



Terms of 
office. Re- 
moval. 

1894.428, § 2. 
lS9fi, 396. 
R.L. 100, §4. 
1912,389. 
1920, 630, § 2. 
223 Mass. 542. 
223 Mass. 196. 



Section 5. The terms of office of the members first appointed shall 1 
commence at the date of their appointment, and shall be so arranged as 2 
to expire at the end of two, four and six years from the first Monday in 3 
June in the year of their appointment, the date of expiration to be speci- 4 
fied in their respective commissions; and thereafter a member sha,ll be 5 
appointed for a term of six years from the first Monday in June of the G 
year in which the previous term expires. All members shall hold office 7 
until their respective successors are qualified. They may be removed by 8 
the mayor for cause, after charges preferred, reasonable notice thereof, 9 
and a hearing thereon; and the mayor shall, in the order of removal, state 10 
his reasons therefor. Any member of said board may, within seven days 1 1 
after notice of his removal, apply to the superior court for a review of 12 
the charges, of the evidence submitted thereunder, and of the findings 13 
thereon by the mayor. Notice of the entry of such application shall be 14 
given to the mayor by serving upon him an attested copy thereof. The 15 
entry fee, costs, and all proceedings upon such application shall be ac- 16 
cording to the rules regulating the trial of civil causes. The court, after 17 
a hearing, shall affirm or revoke the order of the mayor removing such 18 
member, and there shall be no appeal from the decision. 19 

If any member of said board who has been removed from office shall 20 
apply to the superior court for the review provided for in this section, 21 
the removal shall not take effect until the court shall have affirmed 22 
the order removing the member; and until such order is affirmed the 23 
member shall continue to exercise the powers and perform the duties of 24 
his office. 25 



Chap. 138.] intoxicating liquors, etc. 1387 

1 Section 6. The mayor shall designate one naember as chairman, chairman. 

2 who shall also act as secretary. Two members shall be a quorum for the Vacandes. 

3 transaction of business. If a member ceases to be a resident of the city j^'i*; too. 1 1'. 

4 for which he is appointed or becomes unable to perform his official duties, ^^"°' ^^°' ^ ^' 

5 there shall be a vacancy in the board. All vacancies shall be filled by the 

6 mayor for the residue of the unexpired term in the manner p^o^•ided for 

7 an original appointment. 

1 Section 7. Each city which has such a board shall provide it with office, 

2 suitable rooms, properly furnished, heated and lighted, shall pay such i'sm,' «!. s 6. 

3 salaries as the city council, subject to the approval of the mayor, may J920; 030. 1 2. 

4 from time to time establish, and shall also pay all expenses incurred 

5 by said board for blank books, printing and other necessary expenses 

6 approved by said board, not exceeding one thousand dollars in any one 

7 year. 

1 Section S. If, at any annual city election, a city in which such Powers to 

2 board has been appointed shall not vote to authorize the granting of men in no ^' 

3 licenses for the sale of certain non-intoxicating beverages, all obligations i894!428,'r'7. 

4 imposed upon said city by the preceding section shall cease from and ^920,' eso,' § 2.' 

5 after the first Monday in June next following such vote and, from and i^o -'^laas. isi. 

6 after said date, the powers and duties granted to and imposed upon said 

7 board in respect to third and fourth class licenses and licenses of inn- 

8 holders and common victuallers shall vest in the aldermen of said city. 

9 If said city shall, at a subsequent annual city election, again vote to 

10 authorize the granting of licenses for the sale of such beverages, the obli- 

11 gations imposed by the preceding section shall be revived and shall 

12 attach to said city from and after March first next following such vote 

13 and, from and after said date, the powers and duties of the aldermen 

14 relative to licenses of the third and fourth classes and licenses of inn- 

15 holders and common victuallers shall revest in the licensing board ap- 

16 pointed in said city. 

1 Section 9. Each board shall keep a record of its doings and hearings Record ana 

2 and shall make a quarterly report of its doings to the mayor. It may 1194^428, 

3 prescribe the forms of applications for licenses, may require any state- f^ l.%o, § 8. 

4 ment which may be made before it and papers which may be filed with '"-°' ''^°' ^ ^• 

5 it relative to applications for licenses to be sworn to, and for such pur- 

6 pose, any member may administer oaths. 

1 Section 10. The following cities shall be exempt from the opera- Certain cities 

2 tion of the six preceding sections: First, Cities having a licensing board i894,'42s, f 10. 

3 created by special statute or under the provisions of a charter. Second, 1920; iaS; §2. 

4 Cities which have not at any annual city election before this chapter 

5 takes eft'ect voted to authorize the granting of licenses for the sale of 

6 certain non-intoxicating beverages; but if any such city hereafter, at an 

7 annual city election, votes to authorize the granting of such licenses, a 

8 board shall, thereupon, in the February following, be appointed for such 

9 city as above provided, and the provisions of the six preceding sections 
10 shall thereafter apply to said city. 



1388 IXTOXICATIXG LIQUORS, ETC. [Ch.\P. 138. 



GR'tNTING OF LICENSES. 

Granting of SECTION 11. In a citv OF town whicli at its annual election votes to 1 

licenses. ,., .»,. piip • ... 

1875 99. authorize the granting of hcenses tor the sale or certain non-mtoxicating 2 

1878, 244, § 2. beveragcs, as hereinafter provided, licenses of the first two classes men- 3 

§§ i.'l. ' tioned in section eighteen may be granted annually to applicants therefor 4 

5*5 1; 28°' by the licensing boards in cities and by selectmen in towns, and in any 5 

323^'§*2.' city or town, licenses of the third, fourth or fifth class mentioned in 6 

1896' 397' I \o ^^^^ section may be granted annually to applicants therefor by the licens- 7 

IS97', 398. 1 1. ing board in cities having such boards, by the aldermen in other cities, and 8 

1920.' 630.' § 3. ■ by the selectmen in towns. Every license shall be signed by the licensing 9 

136 Mass! 50 ' board in cities having such boards, in other cities by the mayor and city 10 

221 MaS: 395: clerk, and in towns by the chairman of the selectmen and town clerk, and 1 1 

it shall be recorded in the office of the licensing board in cities having 12 

such boards, and in other cities and towns in the office of the city or 13 

town clerk, and the licensee shall pay the recording officer one dollar for 14 

recording the license. It shall name the person licensed, shall set forth 15 

the nature of the license and the building in which the business is to be 16 

carried on, and shall continue in force until the first day of the May 17 

next ensuing, unless sooner forfeited or rendered void. The aldermen 18 

and selectmen, respectively, shall insert in the warrant for the annual 19 

city election or town meeting an article providing for a vote upon the 20 

question, "Shall licenses be granted for the sale of certain non-intoxicat- 21 

ing beverages in this city (or town)?" The clerk of each city or town 22 

shall, within thirty days after such vote is taken, transmit a true state- 23 

ment thereof to the state secretary; and shall annually, in November, 24 

make a return to said secretary, showing the number of licenses of each 25 

class issued, the amount received for the same by classes and the number 26 

revoked if any. 27 

reMve^to" SECTION 12. The licensing board shall certify to the city clerk, the 1 

anS'uc^'nsel ^ity trcasurcr and the chief of police or city marshal the name of each 2 

1894. 428, 1 5.^ applicant for a license, the name of each person to whom a license is 3 

19201 o3o', ^ 2. issued, the date when each license goes into effect, the premises on which 4 

it is to be exercised, the class of the license, each change of location by a 5 

licensee and each transfer of a license ordered by it. 6 

ufberec'eh!.! SECTION 13. The licensing authorities of a city or town which has 1 
during -March yotcd to authorlzc the granting of licenses for the sale of certain non- 2 

and April. . ... ° i-titi i»'i • i- n 

1883.93. ^ intoxicatmg beverages may, during iVlarcn and April, recen'e applica- 3 

i92o; 63o'. § i" tions for such licenses, publish, investigate and act thereon, and may, 4 

in April, grant such licenses, to take effect on the first day of May 5 

following. . 6 

Number of SECTION 14. In citics and towns whicli vote to authorize the granting 1 

limited, etc. of liccuses for the sale of certain non-intoxicating beverages the number 2 

1892] 28o! of places licensed for the sale of such beverages shall not exceed one 3 

1899! 248'; for each one thousand of the population as ascertained by the last preced- 4 

R. L.*iw. ing national or state census, but one such place may be licensed in any 5 

1909 371 § s town having a population of less than one thousand. In Boston, one 6 

1915 67^' ^"^*^^^ place may be licensed for each five hundred of the population, but 7 

^IJ^^'^o'l in no event shall the total number of licensed places therein exceed one 8 

1919 350 

§§25.26.' thousand. Nowhere in the commonwealth shall a first class license be 9 



("hap. 138.] INTOXICATING LIQUORS, ETC. 1389 

10 granted to be exercised upon the same premises with a license of the 1020, ist; 

11 second class, except that a licensed innholder, who has a license of the lu/Mass. 290. 

12 first class may likewise be granted a license of the second class for the 

13 purpose of supplying said non-intoxicating beverages to guests who have 

14 resorted to his inn for food or lodging. No more than one license shall 

15 be granted by any one vote of the licensing board. Such licenses shall 

16 be numbered in regular order as granted, and any license granted con- 

17 trary to, or in excess of, the provisions of this section shall be void; but 

18 in a town voting as aforesaid at its last annual town meeting which has 

19 less than five thousand permanent residents according to the last pre- 

20 ceding state or national census but has an increased resident population 

21 during the summer months, the selectmen may, on or before May fifteenth 

22 in any year, apply to the state secretary to have an enumeration made 

23 of the temporary or summer residents of such town. Said secretary 

24 shall thereupon make such enumeration, between June twenty-third 

25 and twenty-eighth next following, under such rules as he shall establish. 

26 A person who has not been a resident of such town for at least three 

27 days preceding the enumeration shall not be regarded as a temporary or 

28 summer resident thereof. The secretary may employ, for such enumera- 

29 tion, such persons as may be necessary, who shall in all cases be resi- 

30 dents of the town if suitable and competent persons can be found ; other- 

31 wise, non-residents may be employed. The secretary shall report the 

32 total number of such temporary or summer residents to the selectmen 

33 of the town on or before said June twenty-eighth. The expenses incurred 

34 in making such special enumeration shall be paid by the common- 

35 wealth. The state treasurer shall thereupon issue his warrant, as pro- 

36 vided in section twenty of chapter fifty-nine, requiring the assessors of 

37 such towns to assess a tax to the amount of the expense incurred in 

38 making this special enumeration, and such amount shall be collected and 

39 paid over to the state treasurer in the same manner as other state taxes. 

40 The selectmen may, in April, recei\e applications for such licenses and 

41 investigate and publish the same; and may grant one such license for 

42 each five hundred of such temporary resident population, not including 

43 the permanent inhabitants of such town, as ascertained by said special 

44 enumeration, to take effect on July first and to expire on October first 

45 next follo^\■ing. And in the towns of Hull and Nahant it is further pro- 

46 vided that when either of said towns has voted to authorize the granting 

47 of licenses for the sale of certain non-intoxicating beverages at its last 

48 annual town meeting, and such special enumeration has been made in 

49 the calendar year last preceding said last annual town meeting, the 

50 selectmen may, in April, receive applications for such licenses and in- 

51 vestigate and publish the same, and may grant one such license for each 

52 five hundred of such temporary resident population, not including the 

53 permanent inhabitants of the town, as ascertained by said special enumer- 

54 ation taken in said last preceding calendar year, to take effect on INIay 

55 fifteenth and to expire on October first next following. A selectman, 

56 member of a licensing board or census enumerator who violates any 

57 provision of this section shall be punished by a fine of five hundred 

58 dollars. 

1 Section 15. Notice of all applications for licenses shall, at the ex- Notice of 

2 pense of the applicant, to be paid in advance, be published in the follow- b?'^pubiVshed° 

3 ing manner: in Boston by the licensing board in two or more daily p'.'s.' wo.' i d.' 

4 newspapers published therein; and in the Charlestown, East Boston, }||5;3i3;5 2 



1390 



IXTOXICATIXG LIQUOKS, ETC. 



[Ch.\p. 138. 



r^lIoo'Iu South Boston, Dorchester, Roxbury and Brighton districts of said city, 5 
1920, 6.30,' § 6. respectively, in at least one weekly newspaper published in the district G 
ISO Mass! 389. in whicli the premises for which the license is asked are situated, if any 7 
201 Mass.' 204. is there published ; in other cities and towns by the licensing authorities 8 
thereof, in such newspapers, printed therein and published at least once 9 
a week, as they may designate; or if no such newspaper is printed 10 
therein, then by posting such notice in a conspicuous place on the premises 1 1 
described in the application for the license and in two or more places in 12 
which public notices are usually posted in the neighborhood. Such notice 13 
shall set forth the name of the appHcant in full, the class of the license 14 
applied for, a particular description of the premises on which the license 15 
is to be exercised, designating the building or part of a building to be 16 
used, and, if practicable, the street and number, and shall be published at 17 
least ten clays before the licensing authorities act thereon. If a license is 18 
granted without such previous publication, any citizen of the city or 19 
town within which such license is issued may make complaint to the 20 
district court haxing jurisdiction therein; and if, after due hearing, it 21 
appears that such notice was not given, the court shall revoke the license 22 
and give notice thereof to the authorities which issued it. 23 



beTrfused'to SECTION 16. The licensing authorities may at any time refuse to 
i87s.99?r5 issue a license to a person whom they consider mifit to receive the same; 
R l\°ooV'io but this chapter shall not be so construed as to compel said licensing 
1920, fi30, 1 7. authorities to grant licenses. 



CONDITIONS OF LICENSES. 

fsTs^'og^le Section 17. Each license of the first two classes shall be expressed 1 

p. s.'ioq, §9. to be subject to the following conditions: 1906,395. 1913, sss, §6. 2 

1920, 630, § S. 126 Mass. 542. 150 Mass. 272. 



R. L. 100, 
§§ 17,41. 



145 Mass. 464. 



1S85, 90; 216. 
1889, 186; ,361. 
1893, 417, § 9. 
1898, 548, § 6. 
R. L. 11. § 6. 
1907, 468; 560, 
§§ 6, 456. 
1913, S35, 
§503. 

140 Mass. 289. 
145 Mass. 244. 
152 Mass. SOS. 
177 Mass. 221. 
182 Mass. 22. 



1891, 369. 
217 Mass. 507. 



First, That the provisions in regard to the nature of the license, and 3 
the building in which the business may be carried on under it, shall be 4 
strictly adhered to. 5 

Second, That spirituous or intoxicating liquor shall not be sold, ex- 6 
changed or deli\ered, or exposed, offered or kept for sale, exchange or 7 
delivery, upon the licensed premises. 8 

Third, Certain non-intoxicating be\-erages shall not be sold between 9 
the hours of eleven at night and six in the morning, or on the Lord's 10 
day or on a legal holiday or any day on which a national, state, city or 11 
annual town election is held in the city or town in which the licensed 12 
premises are situated; but if the licensee is also licensed as an inn- 13 
holder, he may, between the hours of six in the morning and eleven at 14 
night, on the Lord's day, a legal holiday or such election day, supply 15 
such be\'erages to persons who ha^•e resorted to his inn for food or 16 
lodging. 17 

Fourth, That there shall be no disorder, indecency, prostitution, 18 
lewdness or illegal gaming on the licensed premises, or any premises 19 
connected therewith by an interior communication. 20 

Fifth, That the license, or a copy thereof, certified by the recording 21 
officer of the licensing board or by the clerk of the city or town by which 22 
it is issued, shall be displayed on the premises in a conspicuous position, 23 
where it can easily be read. 24 

Sixth, That the license shall be subject to forfeiture, as herein pro- 25 
Aided, for breach of its conditions, and that, if the licensee is convicted 26 



Chap. 138.] intoxicating liquors, etc. 1391 

27 of a violation of any of such conditions, his Hcense shall thereupon be- 

28 come void. 

29 Each license of the first class shall be subject to the further con- 

30 dition that the licensee shall hold a license as an innholder or common 

31 \'ictualler. 

32 Each license to a common victualler shall specify the room or rooms is9i, 369. 

33 in which certain non-intoxicating beverages shall be kept or sold, and iso MaS: issi 

34 the holder of such license shall not keep, sell or deliver any such bever- ^~' 

35 ages in any room or part of a building not so specified. 

36 Licenses of the third, fourth or fifth classes shall be expressed to be 

37 subject to the first, fourth, fifth and sixth paragraphs of this section. 

38 Each license of the third or fourth class shall be subject to the fur- is90, 272. 

39 ther condition that all spirituous or intoxicating liquors which are sold, 

40 exchanged or deli\-ered, or which are exposed or kept for sale, exchange 

41 or delivery, shall be of the quality required for their sale as drugs under 

42 the laws relative to food and drugs. 



CLASSES OF LICENSES. 

1 Section 18. Licenses shall be of the following classes: Five classes 

2 First class. To sell malt beverages, cider and light wines containing i86's,Tli!'§4; 

3 not more than two and seventy-five one-hundredths per cent of alcohol 1875, 99, § 7. 

4 by weight at sixty degrees Fahrenheit, to be drunk on the premises. r'.l.\w).Vi8 

5 Second class. To sell, or manufacture and sell, malt beverages, cider ^^~°' ''^o. § 9- 

6 and light wines containing not more than two and seventy-five one- 

7 hundredths per cent of alcohol at sixty degrees Fahrenheit, not to be 

8 drunk on the premises. 

9 Third class. Licenses to retail druggists to sell liquors of any kind Jlge,' 397, § 13 

10 for medicinal, mechanical or chemical purposes only, and to such persons 

1 1 only as may certify in WTiting for what use they want them. 

12 Fourth class. To sell, to any person holding a third or fifth class 

13 license, or a certificate of fitness imder section twenty-seven, or to any 

14 person lawfully authorized by the laws of the L^nited States and the 

15 regulations made thereunder to purchase intoxicating liquors, intoxicat- 

16 ing liquors of any kind for other than beverage pm-poses, not to be used 

17 on the premises. 

18 Fifth class. Licenses to dealers in paints or in chemicals to sell alcohol ^^'^''- ^^^' § ' 

19 for mechanical, manufacturing or chemical purposes only. 



FEES FOR LICENSES. 

1 Section 19. The fees for licenses shall be as follows: Fees. 

2 For a license of the first, second or fourth class, not less than two p. s^"iod. 5 ii. 

3 hundred and fifty dollars. 

ISSS, 341. R. L. 100, § 19. 1920, 030, § 10. 

4 For a license of the third or fifth class, one dollar. 

1 Section 20. If a licensee of the first, second or fourth class dies be- Death of 

2 fore the expiration of the term of his license, or if a license has been ucensretc^." 

3 surrendered and cancelled, the authorities issuing the license may issue r^^l! loo, ^ ' 

4 another license of either of such classes, and the two licenses shall count ^^zo. ^_^^ 



5 as one license; and said authorities shall require as a license fee for such 52°^' ^°''' 

6 second license a part of the license fee required therefor for the whole year 1920,' esb. 



1392 



INTOXICATING LIQUORS, ETC. 



[CH.4P. 138. 



1S9 Mass. 260. 
217 Mass. 233. 



proportionate to the unexpired term of the license. Said authorities may 7 
in their discretion, in cases where two Hcenses of the first, second or fourth 8 
class have been issued in the same year, give a certificate to the party 9 
to whom the first hcense was issued, or, in case of his death, to his ad- 10 
ministrator or executor, stating that a part of the fee paid therefor pro- 1 1 
portionate to the unexpired term of the Hcense is to be refunded to such 12 
party, or to such administrator or executor, by the treasurer of the city 13 
or town from the fees thereafter received by said treasurer for licenses 14 
imder this chapter. Said treasurer shall comply with the requirements 15 
of such certificate, and shall retain one quarter of the amount so paid 16 
from any money thereafter due from him or the city to the common- 17 
wealth on account of such licenses. If a licensee dies before the expira- 18 
tion of the term of his license, the city or town by which it was granted 19 
may refund to his executor or administrator a part of the license fee 20 
proportionate to the unexpired term of the license, and the proportionate 21 
part of the percentage which has been paid to the commonwealth shall 22 
be refunded to the city or town. 23 



REGULATION OF LICENSED PREMISES. 



Entrances 
screens. 
1S80, 239, 
1881,225. 
P. S. 100, 
1882, 259, 
R. L. 100, 
1906, 374, 
1917,36. 
1920, 630, 

133 Mass. 
404. 

134 Mass. 
197. 

138 Mass. 

140 Mass. 
447. 

141 Mass. 
5S, 321. 
143 Mass. 
145 Mass. 
150 Mass. 
.504. 

158 Mass. 



and 

§2. 

§12. 
§ 1. 
§34. 
§1. 

§12. 
192, 



511. 
441, 

28, 

92. 

244. 

320, 



Section 21. The authorities which grant a license of the first two 
classes may require a licensee to close permanently all entrances to the 
licensed premises except those from the public street or streets upon 
which said premises are situated, and may so specify in the license. In 
such case the construction or opening of any such entrance shall of 
itself make the license void. A licensee holding a license of the first class 
shall not place or maintain or permit to be placed or maintained, in any 7 
public room used by him for the sale of certain non-intoxicating bever- S 
ages under the provisions of his license, any screen, blind, shutter, cur- 9 
tain, partition, or painted, ground or stained glass window, or any other 10 
obstruction, in such a way as to interfere with a view of the business 11 
conducted on the premises, and the placing or maintaining of any of 12 
said obstructions shall of itself make the license void, except that the 13 
licensing authorities in their discretion may, upon application of a 14 
licensed innholder who also holds a license to sell such beverages, per- -15 
mit screens, curtains, or such other obstructions as they may designate 16 
to be placed at the windows of the dining rooms of the hotel maintained 17 
by said innholder and said authorities shall have the power to revoke 18 
such privilege. 19 



p?^lls°near SECTION 22. No liccnsc of the first class shall be granted for the 1 

wdden'" ^^'^ '^^ Certain non-intoxicating be\'erages in any building or place on 2 

1I94' 1^9' ^^^ same street as, and within four hundred feet of, any building occupied 3 

R. l! 100, § 35. in whole or in part by a public school; but this section shall not prevent 4 

1920,' 63o', § 13. the granting of such license to be exercised on premises fitted up and 5 

occupied as a place for selling such beverages under a license and by a G 

licensee of a corresponding class of the preceding year although said 7 

premises are within four hundred feet of a building used temporarily 8 

in whole or in part for school purposes, if such use will cease permanently 9 

within one year after the granting of said license; nor shall this section 10 

prevent the granting of such a license to be exercised in any hotel on the 11 

same street as, and having its bar more than four hundred feet from, 12 

a building occupied in whole or in part by a public school; provided, 13 

that there is no public bar in such hotel. 14 



Chap. 13S.] intoxicating liquors, etc. 1393 

1 Section 23. No license of the first two classes shall be granted to License in 

2 be exercised in a dwelling house or in any room or shop having any orTtOT^con-'** 

3 interior connection or means of communication with a dwelling or tene- "o^'iddra"' '' 

4 ment of any family, and the opening or maintaining of any such con- if^f'j^^®' 

5 nection or means of commmiication shall render the license void. 

K. L. 100, §§36, 37. 1920, 030, §§ 14, IS. 150 Mass. 270. 

1 Section 24. A common victualler who holds a license under this Hours of 

2 chapter shall keep the licensed premises closed between the hours of common"'^ 

3 twelve at night and five in the morning. victuallers. 

1S82, 242, § 1. R. L. 100, § 40. 1020, 630, § 16. 

DRUGGISTS. 

1 Section 25. Druggists having a third class license may sell pure saie by 

2 alcohol for medicinal, mechanical or chemical purposes without a phy- isrlfgg^i 2. 

3 sician's prescription, the said sales to be recorded in the manner pre- J^§f ^^{ || 

4 scribed in section thirty-one. isga, 397, § 10. 

R. L. 100, § 21. 1907, 190. 1913, 410, § 1. Op. A. G. (1918) 6. 

1 Section 2C. No license for the sale of spirituous or intoxicating Licenses to 

2 liquor, except of the third class, shall be granted to retail druggists. One issffwi, § i. 

3 or more licenses of the third class may be granted annually by the li- {goo; loe." ^ '"' 

4 censing authorities of a city or town to retail druggists who are regis- J^qo' J27' | f ^' 

5 tered pharmacists actively engaged in business on their own account, J-jo®! 525; § 3. 

6 or on the account of the widow, executor or administrator of a deceased i9i3;4io! § 2. 

7 registered pharmacist, or of the wife of one who has become incapacitated, i9i8!257i 

8 upon presentation to said authorities of the certificate prescribed by the fg^igl's. 

9 following section, if it appears that the applicant is a proper person to isIVass. 273. 

10 receive such license, and is not disqualified to receive it under the pro- ^-^ ^^^''^- ^^■ 

11 visions of section eighty-four. A registered pharmacist who owns stock 

12 of the actual value of at least five hundred dollars in a corporation 

13 which has been incorporated for the purpose of carrying on the drug 

14 business, and who conducts in person the business of a store of such 

15 corporation, shall be considered as actively engaged in business on his 

16 own account and as qualified to receive a license for such store. The 

17 licensing authorities may refuse to grant any and all such licenses. 

1 Section 27. The board of registration in pharmacy may, upon the Certificate of 

2 pajTnent of a fee of not more than five dollars by an applicant for a license. "'^ 

3 license of the third class, issue to him a certificate of fitness, which shall Jswil™! 

4 not be valid after one year from its date, stating that in the judgment of ^'■'l' ^qq' | 23 

5 said board he is a proper person to be intrusted with such license and J^oii, 281, § 2. 

6 that the public good will be promoted by the granting thereof. The mob, 261, § 1. 

7 board and the licensing authorities of the cities and towns mentioned in 

8 the following section may, after giving a hearing to the parties inter- 

9 ested, revoke or suspend such certificate for any cause which they may 

10 deem proper, and such revocation or suspension shall re\'oke or suspend 

1 1 the third class license granted thereon. 

1 Section 28. In any city or town where licenses of the first two saie of aicohoi 

2 classes are not granted, registered pharmacists to whom a certificate of riguiated.'"'"''^ 

3 fitness has been issued as provided by the preceding section may sell J9?.3; ffs,' ^ '' 

4 pure alcohol for medicinal, mechanical or chemical purposes without a M'^'q 

5 physician's prescription, such sales to be recorded in the manner pro- 09i9) 72. 



1394 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



vided in section thirty-one, and may sell intoxicating liquors or certain 

non-intoxicating beverages upon the prescription of a registered physician 7 

practicing in such city or town, provided that the prescription is dated, 8 

contains the name of the person prescribed for, and is signed by the 9 

physician. All such prescriptions shall be retained and kept on file in 10 

a separate book by the pharmacist filling the same, and shall not be 11 

filled a second time. Such prescription book shall be open at all times 12 

to the inspection provided by section thirty-two. 13 



Druggist's 
license to be- 
come void in 
certain cases. 
1893, 472, § S. 
1896, 397, § 12. 
R. L. 100, § 24. 



Section 29. A license of the third class shall become null and void 
without any process or decree, if the registered pharmacist to whom it 
has been granted ceases to conduct his business in person and on his 
own account, or upon the revocation of his certificate of registration as a 
pharmacist, unless the registered pharmacist has been unable to so con- 
duct his business or has died, and his business is continued by his ■wife, 
Andow, executor or administrator under another registered pharmacist. 



Sale only on 
certificate. 
1838, 157, § 2. 
1SS5, 215, § 2. 
G. S. 86. § 26. 
1869,415, §28. 
1870, 389. I 4. 
1875, 99, § 2. 
P. S. 100, § 2. 
18S7, 431. § 2. 
1896, 397, § 13. 



Section 30. Retail druggists shall not sell intoxicating liquor of any 
kind or certain non-intoxicating beverages for medicinal, mechanical or 
chemical purposes except upon the certificate of the purchaser, which 
shall state the use for which it is wanted, and which shall be immedi- 
ately cancelled at the time of sale in such manner as to show the date 
of cancellation. R. l. loo, § 25, i48 Mass. 160. 



156 Mass. 233. 



158 Mass. 482, 499. 



Penalty, § 87. 



Record book 
for sales of 
liquor. Cer- 
tificate. 
1855. 215, § 2. 
G. S. 86, § 26. 
1869, 415. § 28. 
1872.271. 
1878, 203, § 2. 
P. S. 100, § 3. 
1887,431, §3. 
1896, 397, § 14. 
1901,91. 
R. L. 100, § 26. 
155 Mass. 291. 
Op. A. G. 

(1918) 6. 
Op. A. G. 

(1919) 71. 

Penalty, § S7. 



Section 31. Every retail druggist shall keep a book in which he 1 

shall enter, at the time of every such sale, the date thereof, the name of 2 

the purchaser, the kind, quantity and price of said liquor or beverage, 3 

the purpose for which it was sold, and the residence by street and number, 4 

if any, of said purchaser. If such sale is made upon the prescription 5 

of a physician, the book shall also contain the name of the physician 6 

and shall state the use for which said liquor or be\erage is prescribed 7 

and the quantity to be used for such purpose, and the prescription shall 8 

be cancelled in the manner provided in the preceding section with refer- 9 

ence to certificates. Said book shall be in form substantiallv as follows: 10 



Date. 



Name of 
Purchaser. 



Residence. 



Kind and 
Quantity. 



Purpose 
of Use. 



Price. 



Name of 
Physician. 



The certificate mentioned in the preceding section shall be a part of 11 

said book and shall not be detached therefrom, and shall be in form sub- 12 

stantially as follows : 13 

Certific.A-TE. 

I wish to purchase and I certify that I am not a minor and 

that the same is to be used for * Mechanical * Chemical * Medicinal purposes. 
(* Draw a line through the words which do not indicate the purpose of the purchase.) 

Signature 

Cancelled 



Books, etc., 

open to 

inspection. 

1855, 215, § 2. _ 

?869 ^'s^Im °"® ^'^^^^ ^^ ^'^ times be open to the inspection of the board of regis- 3 
1872! 271.' tration in pharmacy, the licensing board in cities ha\'ing such boards 4 



Section 32. The book, certificates and prescriptions provided for in 
the two preceding sections and the book pro^•ide(^ for in section forty- 



Chap. 138.] intoxicating liquors, etc. 1395 

5 and in all other cities and towns, to the inspection of the aldermen, is78. 203, § 2. 

6 selectmen, overseers of the poor, sheriffs, constables, police officers and rs87,43i'.|4. 

7 justices of the peace. isoe, 307, § 15. is97, 39s, § 4. r. l. 100, § 27. 

1918, 257, §341. 1919,5. 1920,2. Penalty, § 87. 

1 Section 33. A person, not a registered pharmacist, who procures Penalty for 

2 a third class license for the sale of intoxicating liquors in the name fn'nameot"'^ 

3 of a registered pharmacist who is dead, or in the name of a registered 5'893"4''72'''§ 4 

4 pharmacist by borrowing, hiring or purchasing the use of his certificate, Jf^j^' 397, 1 17. 

5 and, being himself the owner or manager of the place, personally or 

6 by his servants sells intoxicating liquor, shall be punished by a fine 

7 of not less than fifty nor more than five hundred dollars and by im- 

8 prisonment for not less than one nor more than six months. Section 

9 eleven of chapter tM'o hundred and seventy-nine shall not apply to a 
10 conviction under this section. 

SALE OF wood ALCOHOL. 

1 Section 34. No person other than a registered druggist shall en- Manufacture, 

2 gage in the business of manufacturing, buying, selling or dealing in woo/aic'ohoi, 

3 methyl alcohol, or wood alcohol, so called, or denatured alcohol, or any ficensTby""' 

4 preparation used for manufacturing or commercial purposes which con- °*j|ter'^d° 

5 tains more than three per cent of any of the said alcohols and is intended f™b1f['|*„ 

6 for use other than as a beverage, without being licensed so to do by the i9i9,36o,'§ 1. 

7 board of health of the town where the business is conducted. 

1 Section 35. The board of health of each town may issue licenses Licenses to 

2 under the preceding section, upon the paj-ment of a fee of one dollar, to sefiretcl'wo^t^ 

3 such persons as it shall find to be properly qualified to carry on the said i9''°9''°36o*s'2 

4 business. The licenses shall expire on April thirtieth of each year, and 

5 may at any time be suspended or revoked, for cause, by the board. The 

6 board shall keep a record of all such licenses. 

1 Section 36. Every barrel or keg containing methyl alcohol or wood on TOnfa'nera 

2 alcohol, so called, or denatured alcohol containing methyl alcohol, or "f^^hof etc 

3 any drug or medicine intended for external use containing methyl alcohol, Penalty. 

4 shall bear in capital letters not less than three fourths nor more than i9io;54i:§i; 

5 one and one half inches in height, stencilled thereon or printed upon a 1920,' isi' ^ ^' 
•6 label affixed thereto, the words "POISON, NOT FOR INTERNAL 

7 USE". Every other container of any such alcohol, drug or medicine 

8 shall bear a label of white paper on which shall be printed in red capital 

9 letters not less than one fourth of an inch in height, the words " DEADLY 

10 POISON", the name and place of business of the vendor, and the state- 

11 ment that he is a registered druggist or the number of his license under 

12 the two preceding sections, and, in legible tvpe, the words "NOT FOR 

13 INTERNAL USE, CAUSES BLINDNESS. KEEP FROM THE 

14 EYES." Whoever, himself or by his servant or agent, sells, exchanges 

15 or delivers any such alcohol, drug or medicine in any container not con- 

16 forming to this section shall be punished by a fine of not less than fifty 

17 nor more than two hundred dollars. 

1 Section 37. The sale of methyl alcohol, wood alcohol, so called, de- osence of 

2 natured alcohol, or any preparation containing alcohol as described in ""wood "^^ ^ 

3 section thirty-four, by a person not licensed as required by sections loTg'llJeo.'M. 

4 thirty-four and thirty-five, or by a licensee to a minor or to any person 



1396 



INTOXICATING LIQUORS, ETC. 



[Chap. 1.38. 



without reasonable investigation and inquiry to determine that the same .5 
is not to be used for drinking purposes, shall constitute the offence of 6 
unlawful sale of alcohol and may be described as such in any complaint 7 
or indictment without more; but a person so charged shall be entitled 8 
to a bill of particulars in accordance with section forty of chapter two 9 
hundred and seventv-seven. 10 



Penalty. 
1919, 360, § ,^. 



Section 38. Except as otherwise provided in section thirty-six, vio- 1 

lation of any provision of sections thirty-four to thirty-seven, inclusive, 2 

shall be punished by a fine of not more than one hundred dollars or by 3 

imprisonment in the house of correction for a term not exceeding six 4 

months, or both. 5 



LICENSES to dealers IN PAINTS AND CHEMICALS. 

deaferein" Section 39. The licensing authorities of a city or town may annu- 

i897!398!'§ 1. 'I'ly grant a license of the fifth class, for the sale of pure alcohol for 
R. L. 100, § 30. mechanical, manufacturing or chemical purposes only, to a dealer in 
paints or in chemicals who applies therefor, if it appears that the appli- 
cant is a proper person to recei^•e such license and that he is actually 
carrying on business as a dealer in paints or chemicals. 



cdmrvoid in Section 40. A license of the fifth class shall become null and ^•oid 1 
is97,'39s!T2. '^^'ithout any process or decree if the licensee ceases to carry on the 2 
R. L. 100, § 31. business of dealing in paints or chemicals. 3 



for's°ak3:'°°'' Section 41. E\-ery dealer in paints or chemicals to whom such 

sfes'eftio'n^.^l l'<^dse is granted shall keep a book in which he shall enter, at the time 
R. L. 100, § 32. of every sale of alcohol, the date thereof, the name and residence of 
Penalty, § 87. the purchascr, his residence by street and number, if any, the quantity 

and price of the alcohol sold, and the purpose for which it is to be used. 

Said book shall be in form substantially as follows: 



Date. 



Name of 
Purchaser. 



Residence, giving 

Street and Number, 

if Any. 



Quantity. 



Price. 



Purpose of 



ReBlIing of 
bottles. 
1917, 150, 
S§1,2. 

Penalty, § 89. 



Section 42. All persons holding licenses to sell intoxicating liquors 1 

shall, immediately upon the emptying, within the limits of the licensed 2 

premises, of the original contents of a bottle containing liquors other 3 

than malt liquors, and before refilling the same, destroy all labels or 4 

printed marks thereon. There shall not thereafter be placed on such 5 

bottles any label or printed mark so similar to the original as to promote 6 

fraud or deceit, or as to be likely to be mistaken for the original label or 7 

mark. This section shall not be construed to prohibit the lawful refilling 8 

of such bottles ^\^th liquors true to label by the persons entitled to use the 9 

original label or mark or their agents. 10 



Payment of fee 
and bond. 
1875, 99, § 9. 
P. S. 100, § 13. 
18.S2, 259, § 2. 
1885,83; 
323, § 2. 



BONDS AND TRANSFERS OF LICENSES. 

Section 43. A license shall not be issued until the license fee has 
been paid to the treasurer of the city or town by which it is to be issued, 
nor until he has received a satisfactory bond, payable to him as such 
treasurer, in the sum of five hundred dollars, signed by the licensee and 



221 Mass. 395. 



Chap. 138.] intoxicating liquors, etc. ' 1397 

5 sufficient surety or sureties, who shall be jointly and severally liable, and il94'f2s'§4 

6 conditioned for the payment of all costs, damages and fines which may f^.^- joo. § 42. 

7 be incurred by a Nnolation of the provisions of this chapter. Separate 127 Mass'. 497. 

8 actions may be brought on such bond by any person at his own expense. i77Mkss.i97: 

9 Such bond, after approval, shall be filed in the office of the city or town 217 Mass! 507! 

10 clerk, and a certified copy thereof shall be admissible in ev'idence. No 

11 such bond shall be accepted or appro \ed until each surety has made and 

12 subscribed a statement under oath that he is worth not less than one 
1.3 thousand dollars over and above all liabilities and indebtedness, and the 

14 statement so made shall designate sufficient property, real or personal, 

15 to cover the requirement of the bond and shall be kept on file with the 

16 bond. The bond may be in the following form: 

KNOW ALL MEN BY THESE PRESENTS, that we, A. B., of 
as principal, and C. D. and E. F. of , as sureties, are 

held and firmly bound unto the treasurer of the city (or town) of , 

in the sum of five hundred dollars, to which paj-ment well and truly to be made 
we bind ourselves and our legal representatives. 

Sealed with our seals this day of , A.D. 19 

The condition of this obligation is such, that whereas the above bounden 
A. B. has this day been licensed by license No. , by the aldermen (board 

of police or licensing board) of the citj' of (or the selectmen of the town of) 

, in the countj^ of , now if the said A. B. shall well 

and truly comply with all the provisions of law, then this bond shall be void; but 
otherwise in force. 

Executed in presence of 

1 Section 44. No person, except a corporation organized for the pur- sureties 

2 pose of acting as surety on bonds and duly qualified to do business in the ?s94?3ss. 

3 commonwealth, shall be accepted as surety upon more than ten bonds ^^l[ }q^- 5 43 

4 which may be given under the preceding section. Each surety, except as i^^"- '^^°' 5 is- 

5 aforesaid, shall make a written statement, under oath, that he is not a 

6 surety upon more than nine other bonds given under said section, and 

7 such statement shall be kept on file with the bond. 

1 Section 45. Licensing authorities may transfer licenses from one Transfer of 

2 location to another within the city or town in which such licenses are in issa^s^. 

3 force; but such transfer shall be granted only to the original licensee, 1920', oaa I la 

4 and like notice shall be given, the same provisions shall apply, and other 

5 proceedings shall be the same as are required upon the granting of li- 

6 censes, except that no new license fee shall be reciuired. 

1 Section 46. The treasurer of a city or town shall, within thirty days One quarter of 

2 after the receipt of money for licenses of the first, second and fourth to^commoS-' 

3 classes, make a return of the amount thereof to the state treasurer and peniuy. 

4 at the same time shall pay to him one fourth of the amount so received, }|75;9"|\J^' 

5 and for neglect thereof he shall pay interest at the rate of six per cent P^gS. 100, § 14. 

6 per annum on the amount of such receipts from the time they become isgsisoi! 

7 due until they are paid. R. l. 100, § 45. 1020, eso, § 20. 

213 Mass. 271. 221 Mass. 395. Op. .\. G. (1919) 118. 

PENALTIES FOR ILLEGAL SALE. SEIZURE. CIVIL DAMAGES. 

1 Section 47. The licensing board of a city, the selectmen of a town. Entry on 

2 or any police officer or constable specially authorized by either of them, prlmisea for 

3 may at any time enter upon the premises of a person who is licensed under and'taSng" 

4 this chapter, to ascertain the manner in which such person conducts his i|o8^'i4i, § i4. 



1398 V INTOXICATING LIQUORS, ETC. [Ch.\P. 138. 

R s^'ioo.Vi^s. business and to preserve order. Such police officer or constable may at 5 

mo' 63o' 1 21' ^^^y time take samples for analysis from any liquors kept on such prem- 6 

126 Mass. 269. ises, and the vessel or vessels containing such samples shall be sealed on 7 

the premises by the seal of the vendor, and shall remain so sealed until 8 

presented to the department of public health for analysis and duplicate 9 

samples shall be left with the dealer. 10 

oUia-nse" Section 48. The licensing board, after notice to the licensee and 1 

§n.'i'"' reasonable opportunity for him to be heard by them or by a committee 2 

§§'1^2 ^^6 °^ t^^ aldermen or by the selectmen, if the license was granted by them, .3 

p^'i'wo'iie ^^y declare his license forfeited, or may suspend his license for such 4 

1885, 323, §2.' period of time as they may deem proper, upon satisfactory proof that 5 

R. l! loo', § 47. he has violated or permitted a violation of any condition thereof, or 6 

1920,' o3o' § 22. any law of the commonwealth. If the license is declared to have been 7 

12s Mass.' 76^' forfeited, the licensee shall be disqualified to receive a license for one 8 

163 Mass' 470 -^'^^^ after the expiration of the term of the license so forfeited, and if he is 9 

the owner of the premises described in such forfeited license, no license 10 

shall be issued to be exercised on said premises for the residue of the 11 

term thereof. 12 

fc)7da'mages^ SECTION 49. A wife, husband, child, parent, guardian, conservator, 1 

fntox^a'tecT" cmploycr or other person who is injured in person, property or means of 2 

is-5'"2i- « 22 support by an intoxicated person, or in consequence of the intoxication, 3 

G. s.'se, §39. ■ habitual or otherwise, of any person, shall have a right of action in his 4 

1869. 415, §41. . . ,, •',,^ .' I U IT C 

1875,99, §14. own name, jointly or severally, agamst any person who, by selling or 5 

is8o! 239', I i; .giving intoxicating liquor, has caused in whole or in part such intoxica- 6 

Rs.^oo. tion; and any person who owns, rents, leases, or permits the occupation 7 

R l'ioo § 58 °^ ^'■^y building or premises, and has knowledge that intoxicating liquor 8 

^ik^iP- ,co is to be sold therein, or who, having leased the same for other purposes, 9 

130 Mass. 158, , . . ', . ' , . ■ .... i ii -p i rv 

366. knowingly permits therein the sale of intoxicating liquor, shall, 11 anv 10 

132 Mass. 567. I ]• t I • 4-1 • • I, 1 • i 4.1 • 4- • 1 l 

133 Mass. 86. sucii liquor sold or given therein causes m whole or in part the intoxi- 11 
i52Massl4ol catiou of a person, be liable jointly or severally with the person who 12 
157 Mass.' 333. sells Of gives intoxicatiug liquor as aforesaid, for all damages sustained; 13 
Jon i}"^'*' f !?■ and the same mav be recovered in an action of tort; but a lessor of 14 

180 Mass. 141. i ' t . .1 

203 Mass. 37 rcal cstatc shall not be liable for such damages if the occupant holds a 15 
license for the sale of such liquor. A married woman may bring such 16 
action in her own name, and all damages recovered by her shall enure 17 
to her separate use; and all damages recovered by a minor shall be 18 
paid either to such minor, or to such person in trust for him, and on 19 
such terms, as the court may order. Upon the death of either party, 20 
the action and right of action shall survive to or against his executor 21 
or administrator. The party injured or his legal representative may 22 
bring either a joint action against the person intoxicated and the person 23 
who furnished the liquor, or a separate action against either. 24 

own'er°ifflying SECTION 50. An owucr or Icssor of real estate who pays money on 1 
money for account of liis liabilitv incurred under the preceding section for an act 2 

tenant. p -i • .' .. ci lo 

1879,297, §3. of his tcuaut may, in an action ot contract, recover of such tenant the o 
money so paid. p. s. loo, § 22. r. l. 100, § 59. 4 

dgKI'nor Section 51. Whoever employs a minor under eighteen in handling 1 
ii°uo"'"'' intoxicating liquors or packages containing such liquors in a brewery 2 



Chap. 138.] intoxicating liquors, etc. 1399 

3 or bottling establishment in which such liquors are prepared for sale or 1899,413. 

4 offered for sale shall be punished by a fine of not less than fifty dollars ' '' ' 

5 or by imprisonment for not less than three months, or both. 

1 Section 52. Whoever, personally or by his agent or servant, sells Penalty for 

2 or gives intoxicating liquors to a minor, either for his own use, the use fkfuor'to'^ 

3 of his parent or of any other person, or allows a minor to loiter upon the frse'l's. § 7. 

4 premises where such sales are made, shall forfeit one hundred dollars Jss?' il'g^ f jo 

5 for each offence, to be recovered by the parent or guardian of such minor fcnl' ^'^■/^s '■ 

6 in an action of tort. Actions for penalties under this section shall be ists'qd. §15. 

7 commenced within two years after the offence has been committed. issV, 390; § 1. ' 

R. L. 100, § 62. 171 Mass. 250. 235 Mass. 559. 

124 Mass. 277, 578. 207 Mass. 21. 

130 Mass. 167. 217 Mass. 507. Druggists excepted, § 85. 

145 Mass. 311. 

1 Section 53. No minor seventeen years of age or over shall make a Penalty for 

2 false statement as to his age in order to procure a sale or delivery of in- mlfnt^o^age 

3 toxicating liquor, either for his own use or for the use of another. No Jfrocm" liquor. 

4 person shall knowingly make a false statement as to the age of a minor i^i-' °^'^- ^ ^■ 

5 in order to procure a sale or delivery of intoxicating liquor to such minor, 

6 either for the use of the minor or for the use of some other person, or 

7 induce a minor to make a false statement as to his age in order to procure 

8 a sale or deli\"ery of intoxicating liquor to such minor. Whoever violates 

9 this section shall be punished by a fine of not less than ten nor more than 
10 one hundred dollars. 

1 Section 54. The department of public health shall inspect and if°*^^y°' 

2 analyze all liquors sent to it by the licensing board of any city, the select- department 

3 men of any town, or by police officers or other officers authorized by health. 

4 law to make seizures of liquors, if the department is satisfied that the i872;206,'§2." 

5 analysis requested is to be used in connection with the enforcement is7s!244,§'2! 

6 of the laws of the commonwealth. It shall return to such licensing ^~i,'ioo.' i 29. 

7 board, selectmen, police or other officers, as soon as may be, a certificate r^l wo'leV. 

8 signed by it of the percentage of alcohol by weight at sixty degrees i90|. 110 

9 Fahrenheit which such samples of liquor contain. Such statement shall 1919', 350', § 96. 

10 be prima facie evidence of the composition and quality of the liquors to 

11 which it relates. 

1 Section 55. A certificate shall accompany each sample of liquor Certificate to 

2 sent for analysis by an officer to the department of public health stating samS'e^''"^ 

3 by whom the liquor was seized, the date of the seizure and the name and 1**1^; 100,' | Is. 

4 residence of the officer who seized said liquor. Said department shall JgJj'iflSji 

5 note upon said certificate the date of the receipt and the analvsis of said 1919! 350', §96. 

n T 11 piiii ■111*' 1' l"*' J^lass. 444. 

hquors and the percentage 01 the alcohol, as required by the preceding 
7 section. Said certificate may be in the following form: 

ss. 

CiTT OP (or Town of) 19 . 

To the Department of Public Health . 

Sirs : — I send you herewith a sample of taken from liquors 

seized by me (date) 19 . 

Ascertain the percentage of alcohol it contains, by weight, at sixty degrees 
Fahrenheit, and return to me a certificate herewith upon tlie annexed form. 

Constable of 
Police officer of 



1400 



INTOXICATING LIQITQRS, ETC. 



[Chap. 1.38. 



COMMONT\"EALTH OF MASSACHUSETTS. 



Department of Public Health, 
Boston, 19 . 

This is to certify that the received by this Department with the 

above statement and anal_vzed by me contains per cent of alcohol, 

by weight, at sixty degrees Fahrenheit. 

Received 19 . 

Analysis made 19 . 

Department of Public Health, 
By 



Analyst. 



to protide'^"^^ SECTION 56. The State secretary shall pro\-ide and cause officers to 
Certfficateto ^® Supplied with a suitable number of the forms prescribed by the pre- 
heevidence. ceding sectiou. The certificate of the department of public health, given 
R. l! loo', § 69. substantially in the form hereinbefore set forth, shall be admitted as 
evidence on trials for the forfeiture of intoxicating liquors as to the com- 
position and quality of the liquors to which it relates. 



Ifth^frJfpks Section 57. No person shall tamper with samples of liquor taken as 1 
is8'''22i'' § 4 pro\'ided in section forty-seven or alter the statements made upon the 2 
R. L. loo', § 70. forms or certificates aforesaid. Penalty, { 87. 3 



Court may 
order analysis. 
1882, 221, § 5. 
R. L. 100, § 71. 



Section 58. Any court or trial justice may cause liquors which have 
been seized under this chapter to be analyzed by a competent chemist, 
and the reasonable expense thereof, including a fee of not more than 
five dollars for each analysis, shall be taxed, allowed and paid hke other 
expenses in criminal cases. 



Delivery of 
liquor prima 
facie evidence 
of sale in cer- 
tain cases. 
1855, 215, § 34. 
G. S. 86, § 33. 
1868, 141, § 20. 
1869,415, I 35. 
1875, 99, § 17. 
P. S. 100, § 26. 



Section 59. The delivery of intoxicating liquor in or from a building, 1 

booth, stand or other place, except a private dwelling house, or in or 2 

from a private dwelling house if any part thereof or its dependencies is 3 

used as an inn, eating house or shop of any kind, or other place of com- 4 

mon resort, such deli\ery in either case being to a person not a resident 5 

therein, shall be prima facie evidence that such delivery is a sale. 6 

231 Mass. 65. 



R. L. 100, § C4. 
12 Gray, 127. 



14 Gray, 47. 
7 Allen, S2S. 



103 Mass. 58. 
219 Mass. 37. 



fafie^e''v'id"nce Section 60. If any placard, sign or advertisement is exposed from, 1 

saieln^ceftlTn maintained in or permitted to remain upon any vehicle, shop, stand, 2 

ifii'iu s 1 tenement, or any place of common resort, purporting or designed to 3 

R. l! loo', § 65. announce the keeping in or upon said vehicle or any of said premises of 4 

spirituous or intoxicating liquors, except in drug stores, it shall be prima 5 

facie evidence that such liquors are kept in or upon such \-ehicle or prem- 6 

ises for sale. 7 



Search 
warrant. 
1S.52, 322, § 14. 
1855, 215, § 25. 
G. S. 86, § 42. 
1869, 415, § 44. 
1876, 162, § 1. 

1878, 207, I 3. 

1879, 305, I 9. 
P. S. 100, § 30. 
1881, 191; 28U. 
1887, 406, § 1. 
1888,297. 
1897, 487, § 2. 



Section 61. If two persons of full age make complaint to a district 1 

court or trial justice that they ha\-e reason to believe and do belie\"e that 2 

spirituous or intoxicating liquor, described in the complaint, is kept or 3 

deposited by a person named therein in a store, shop, warehouse, build- 4 

ing, vehicle, steamboat, vessel or place, and is intended for sale contrary 5 

to law, such court or justice, if it appears that there is probable cause 6 

to believe said complaint to be true, shall issue a search warrant to a 7 

sheriff, deputy sheriff, city marshal, chief of police, deputy chief of 8 



Chap. 138.] intoxicating liquors, etc. 1401 

9 police, deputy marshal, police officer or constable, commanding him to R. l. loo, §72. 

10 search the premises in which it is alleged that such liquor is deposited, scray.'ssg.' 

11 and to seize such Hquor, the vessels in which it is contained and all im- ida'AiL'si^^s. 

12 plements of sale and furniture used or kept and provided to be used in Jofitiassfle 

13 the illegal keeping or sale of such liquor, and securely keep the same nsMafts'' 

14 until final action thereon, and return the warrant with his doings iis Mass. 142, 

15 thereon, as soon as may be, to a court or trial justice having jurisdic- iieaiass. 21, 

16 tion in the place in which such liquor is alleged to be kept or deposited. 117 Mass. 427. 

122 Mass. 8. 36. 135 Mass. 519. 145 Mass. 1.S2. 1(52 Mass. 21.5. 

130 Mass. 29. 140 Mass. 2S7. 150 Mass. 164. 203 Mass. 685. 

1 Section 62. A warrant shall not be issued for the search of a dwell- ■^«=";^!' °f 

.... . , 1 ji dwelling house. 

2 ing house, if no tavern, store, grocery, eating house or place oi common is52, 322, § 14. 

3 resort is kept therein, unless one of the complainants makes oath that he g. s.' sg, '§ 43. ' 

4 has reason to believe and does believe that such liquor has been sold isre] 162' § 2.^' 

5 therein or taken therefrom for the purpose of being sold by the occupant, r. l.'ioo.V73. 

6 or by his consent or permission, contrary to law, within one month next i'/\iien*52' 

7 before making such complaint, and is then kept therein for sale con- ^o.^M^I^-g^i^j 

8 trary to law by the person complained against. Such complainant shall ssi. 595. 

9 state the facts and circumstances on which such belief is founded, and iioKiasslis2. 
10 such allegations shall be recited in the complaint and warrant. 122 Kiass! 14'. 

142 Mass. 470. 

1 Section 63. The complaint shall particularly designate the building. Designation of 

2 structure and place to be searched, the liquor to be seized, the person by search^. " 

3 whom it is owned, kept or possessed and intended for sale, and shall allege a's'su"'? 11"' 

4 the intent of such person to sell the same contrary to law. The warrant }|'i^' *^S' fs^' 

5 shall allege that probable cause has been shown for the issuing thereof; ]!■ ^ ^^^- §32^ 

6 and the place to be searched, the liquor to be seized, and the person be- 97 Mass. 334 

7 lieved to be the owner, possessor, or keeper of such liquor, intending to 108 Mass. 290! 

8 sell the same contrary to law, shall be designated therein with the same no Mass! II2. 

9 particularity as in the complaint and the complainants shall be sum- tis Mass. 13, 
10 moned to appear as witnesses. ^°*' ''^^■ 

116 Mass. 342. 146 Mass. 509. 163 Mass. 42. 

1 Section 64. The officer to whom the warrant is committed shall prem'ises'and 

2 search the premises and seize the liquor described in the warrant, the seizure of 

3 casks or other vessels in which it is contained, and all implements of sale is52, 322, § u. 

4 and furnitm-e used or kept and provided to be used in the illegal keeping c^'S'. s«.^§ 45!^' 

5 or sale of such liquor, if they are found in or upon said premises, and it?!', ira.'l-t.''' 

6 shall convey the same to some place of security, where he shall keep the rss7,406,|l^' 

7 liquor and vessels until final action is had thereon. 

ISSS, 297. R. L. 100. § 75. 188 Mass. 399. 

1 Section 65. If, in the opinion of the court or trial justice before Notice to 

2 whom the warrant is returned, the value of the liquor seized and the uquorssLed. 

3 vessels containing it does not exceed one thousand dollars, a notice, Istl;!!!,!"!). 

4 under seal, and signed by the justice or the clerk of said court, or by the f869,4i'5!|*48 

5 trial justice, shall be issued within twenty-four hours after such seizure, p*'|'/oo'||i 

6 commanding the person complained against as the keeper of the liquor R^ l. lod, § 76. 

7 seized and all other persons who claim any interest therein or in the casks is'Aiienf'si-.L' 

8 or vessels containing the same to appear before said court or trial justice, ^^ ^'"^^^ '^°^' 

9 at a time and place therein named, to answer to said complaint and 

10 show cause why such liquor and the vessels containing it should not be 

11 forfeited. 



1402 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



Form and 
ser\'ice of 
notice. 

1S55, 215, § 26. 
G. S. 80, § 47. 
1869, 415, § 49. 
1873, 328. 
1876, 162, § 6. 
P. S. 100, § 35. 
R. L. 100, § 77. 
6 Allen. 599. 
97 Mass. 334. 
135 Mass. 519. 
146 Mass. 509. 



Section 66. The notice shall contain a description of the number 1 

and kind of vessels, the quantity and kind of licjuor seized, as nearly as 2 

may be, and shall state when and where they were seized. It shall, not .3 

less than fourteen days before the time appointed for the trial, be served 4 

by a sheriff, deputy sheriff, constable or police officer upon the person 5 

charged with being the keeper thereof by leaving an attested copy 6 

thereof with him personally or at his usual place of abode, if he is an 7 

inhabitant of the commonwealth, and by posting an attested copy on 8 

the building in which the liquor was seized, if it was found in a building; 9 

otherwise in a public place in the city or town in Mdiich the liquor was 10 

seized. 11 



Tftrfa™''™^"' Section 67. If, at the time appointed for trial, said notice has not 
G^i'Uh 48*'' been duly served, or other sufficient cause appears, the trial may be post- 
1869,415, §50. poned to some other day and place, and such further notice issued as 
p. s.'ioc' § 36. shall supply any defect in the previous notice; and time and opportunity 
R. L. 100, § /8. j,^^ ^^j^j ^^^j defence shall be given to persons interested. 



Claimant of 
liquors may be 
admitted as 
party. 
Judgment. 
1852, 322, § 14. 
1855, 215, § 27. 
G. S. 86, § 49. 

1869, 415, § 51. 

1870, 162, § 8. 
P. S. 100, § 37. 
R. L. 100, § 79. 
107 Mass. 396. 
113 Mass. 23. 
142 Mass. 470. 



Section 68. At the time and place designated in the notice, the per- 
son complained against, or any person claiming an interest in the liquor 
and vessel seized, or any part thereof, may appear and make his claim 
verbally or in writing, and a record of his appearance and claim shall be 
made, and he shall be admitted as a party to the trial. Whether a claim 
as aforesaid is made or not, the court or trial justice shall proceed to 
try, hear and determine the allegations of such complaint, and ^^•hether 
said liquor and vessels, or any part thereof, are forfeited. If it appears 8 
that the liquor, or any part thereof, was at the time of making the com- 9 
plaint owned or kept by the person alleged therein for the purpose of 10 
being sold in violation of law, the court or trial justice shall render 11 
judgment that such and so much of the liquor so seized as was so unlaw- 12 
fully kept, and the vessels in which it is contained, shall be forfeited to 13 
the commonwealth. 14 



Disposition of 
forfeited 
liquor. 

1852, 322, § 14. 
1855, 215, § 27. 
G. S. 86, § 50. 
1869, 415, § 52. 
1872, 304. 
1876, 162, § 9. 
1879, 305, I 3. 
P. S. 100, § 38. 
1887, 53. 



Section 69. Any liquor so forfeited shall, by the authority of the 
written order of the court or trial justice, be forwarded by common 
carrier to the commissioner of public safety, who upon receipt of the 
same shall notify said court or justice thereof. The officer who serves 
the order above named shall be allowed therefor fifty cents, but shall 
not be entitled to receive any traveling fees or mileage on account of 
the service thereof. R. L- loo, § so. 



kJrleiTedTo'be Section 70. If it IS not provcd on the trial that all or part of the 
i85!5"li5 s 28 li^iuor seized was kept or deposited for sale contrary to law, the court 
G. s. 86, § 51 or trial justice shall issue a written order to the officer having the same 

1869, 415, § 53. . ., 1 J J 1 J 1 p J. Ill 

1870, 162, 1 10. in custody to return so much thereof as was not proved to be so kept or 

r'.'l. 100, § 8i. deposited and the vessels in which it is containetl, to the place as nearly 

103 Mass. 454. ^^ ^^^^^ ^^ from wlucli it was taken, or to deliver it to the person entitled 

to receive it. After executing such order, the officer shall return it to the 

court or trial justice with his doings endorsed thereon. 



hinift'urer °' Section 71. All implements of sale and furniture seized under sec- 1 
1888 297 tions sixty-oue and sixty-four shall be forfeited and disposed of in the 2 

R. h. 100, § 82. manner provided for the forfeiture and disposition of intoxicating liquors ; 3 



Chap. 138.] intoxicating liquors, etc. 1403 

4 but the court or trial justice may, if it is deemed to be for the interest 

5 of the commonwealth, order the destruction or sale of said property 

6 by any officer qualified to serve criminal process and the proceeds of 

7 a sale thereof shall be paid over to the county; and said officer shall 

8 make return of the order for such destruction or sale and his doings 

9 thereon to the court or justice issuing the same. 

1 Section 72. If no person appears and is admitted as a partv as costs. 

2 aforesaid, or if judgment is rendered in favor of all the claimants who g. s.'se. § 52. ' 

3 appear, the cost of the proceedings shall be paid as in other criminal {ly"; j,-?; | ft; 

4 cases. If only one party appearing fails to sustain his claim, he shall r.l.'ioo.Vss. 

5 pay all the costs except the expense of seizing and keeping the liquor, 

6 and an execution shall be issued against him therefor. If judgment 

7 is rendered against two or more claimants of distinct interests in the 

8 liquor, the costs shall, according to the discretion of the court or trial 

9 justice, be apportioned among such parties, and executions shall be 

10 issued against them severally. If such execution is not forth\^ith paid, 

11 the defendant therein named shall be committed to jail, and shall not 

12 be discharged therefrom until he has paid the same and the costs of 

13 commitment, or until he has been imprisoned thirty days. 

1 Section 73. A claimant whose claim is not allowed as aforesaid, fs'52;*322, § 10. 

2 and the person complained against, shall each have the same right of 1,^55. |^5, yg. 

3 appeal to the superior court as if he had been convicted of crime; but }|^^|]|' ^ ss. 

4 before his appeal is allowed he shall recognize to the commonwealth in mr,', wz, § 12. 

5 the simi of two hundred dollars, with sufficient surety or sureties, to r. l. 106, § si. 

6 prosecute his appeal to the superior court and to abide the sentence of 

7 the coiu-t thereon. Upon such appeal, any question of fact shall be tried 

8 by a jury. On the judgment of the court after verdict, whether a for- 

9 feiture of the whole or any part of the liquor and vessels seized, or 

10 otherwise, similar proceedings shall be had as are directed in the five 

11 preceding sections. 

1 Section 74. If, in the opinion of the com-t or trial justice before superior 

2 whom a warrant under which liquor has been seized is returnable, the JuJisdi^c'tira''^ 

3 value of the liquor seized with the vessels containing it exceeds one ^orJh'Sri^ 

4 thousand dollars, a notice shall be issued and served as du-ected in jh"°g°^^ 

5 sections sixty-five and six-ty-six, except that it shall be made return- j'll'Flj^ ,3^ 

6 able to the sitting of the superior comt for criminal business to be held g.s.'si;, §54./ 

7 in the county next after the expiration of fourteen days from the time isye; i(i2; § is. 

8 of issuing the notice. The superior court shall have jurisdiction of the r.l.'ioo.VIs. 

9 case, and may proceed therein in the manner directed in sections sixty- Is^liien^'sKL 

10 seven to seventy, inclusive, and sevent>-two, as nearly as may be, and }o^ ^J^|^ ^sb. 

11 with the jury, upon any issue of facts presented by the claimant or 

12 directed by the court. 

1 Section 75. A mayor, alderman, selectman, deputy sheriff, chief iv^rlnfi*''""' 

2 of police, deputy chief of police, city marshal, deputy or assistant mar- Jl55'2i'^5''f la 

3 shal, police officer or constable, in his city or town, may without a war- g.s.'sb, § 55 

4 rant arrest any person whom he finds in the act of illegally selling, isri;! inbi § u! 

5 transporting, distributing or delivering intoxicating liquor, and seize the ilrl] 305, § 9. 

6 liquor, vessels and implements of sale in the possession of such person, R.L'io'o.Vs'i. 

7 and detain them until warrants can be procured against such person, '^°''' '--■ 



1404 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



11 Gray, 36S. 
14 Gray. 200 
193 Mass. 2S0. 



and for the seizure of said liquor, vessels and implements, under this 8 
chapter. Such officers shall enforce or cause to be enforced the penalties 9 
provided by law against every person who is guilty of a violation of 10 
any law relative to the sale of intoxicating liquor of which they can 11 
obtain reasonable proof. 12 



Charter of 
club where 
liquor is 
illegally sold, 
etc., may be 
declared void. 
1S90, 439, § 2, 

1893, 226, § 2, 

1894, 542. 



Section 76. If any person is con\-icted of exposing and keeping for 
sale or selling intoxicating liquor on the premises occupied by any club 
or organization described in section two of chapter one hundred and 
eighty or of illegal gaming upon said premises, or of being present where 
implements of gaming are found upon said premises, the selectmen of 
R. L. 100. § 89 ^YiQ town, or the aldermen of the city, in which such club or organization G 
is situated, except Boston, and in Boston, the licensing board, shall 7 
immediately notify the state secretary, and he shall, upon receipt of 8 
such notice, declare the charter of said club void, and shall publish a 9 
notice, in at least one newspaper published in the county in which said 10 
club or organization is situated, that such incorporation is void and of 11 
no further effect. 12 



Section 77. A complaint or indictment for the violation of any 



Disposition of 
prosecution 

i855'"i5 § 35 pro\'ision of law relative to intoxicating liquors shall not, unless the 

C'-s |B.Jos. purposes of justice require such disposition, be placed on file or dis- 

1869! 415', § 60. posed of except by trial and judgment according to the regular course 

1885.' 359.' ■ of criminal proceedings. It shall be otherwise disposed of only upon 

R. L. 100. § 55. jjjq|-Jqjj Jj, writing stating specifically the reasons therefor and verified 

by affidavit if facts are relied on. If the court or magistrate certifies in 

writing that he is satisfied that the cause relied on exists and that the 

interests of public justice require the allowance thereof, such motion 

shall be allowed and said certificate shall be filed in the case. 



1 

2 
3 
4 
5 

6 
7 
8 
9 
10 



authoritfesto SECTION 78. Upou the convictioii of a holder of a license for the 
conv'icS °' sale of intoxicating liquors of the violation of any law relative to the 
p^f'foo^ig t'lisiness he is licensed to pursue, the court in which or the magistrate 
r.'l. io6."§s6. before whom he has been convicted shall send to the authorities which 

issued the license a certificate under seal, showing the time and place of 

such conviction. 



Owner of 
building to^be 
notified of 
con\'iction. 
1876, 162. § 16. 
P. S. 100. § 20. 
R. L. 100. § 57. 
1910.264. 



Section 79. Upon the con\-iction of a person of the illegal keeping 
or sale of intoxicating liquor, the court or magistrate by -whom he has 
been con\'icted shall issue and cause to be served upon the owner of the 
building, or agent of such owner in charge of the building, used for such 
illegal keeping or sale, if he resides within the commonA\ealth and is not 
the person so convicted, a WTitten notice that the tenant of said building 
has been con\acted as aforesaid; and a return thereof shall be made to 
the court or magistrate issuing it. Such notice, so served, shall be 
deemed to be due and sufficient notice under section twenty of chapter 
one hundred and thirtv-nine. 



1 
2 

o 
O 

4 

5 
(3 
7 
8 
9 
10 



pr°o™™tTon. Section 80. The forms heretofore in use may continue to be used 1 

G^i'W\ 63 ^" prosecutions under this chapter, and if substantially followed shall be 2 
1869. 4i'5.' § 66. deemed sufficient to fully and plainly, substantially and formally describe 3 



Chap. 138.] intoxicating liquors, etc. 1405 

4 the several offences in each of them set forth, antl to authorize the lawful p^'|;ioo"'|4'(;^' 

5 doings of the officers acting bv \artue of the warrants issued in sub- 5';-^;,i°°' L",? 

, n . .1 1 • * 1 11 111 '^"^ Mass. 17&. 

6 stantial conformity therewith; but this section shall not exclude the use uoMass. i82. 

7 of other suitable forms. 

1 Section 81. All intoxicating Hquors which are kept for sale con- Liquors 

2 trary to law and the implements and vessels actually used in selling and L'tcf common 
.3 keeping the same are declared to be common nuisances. isss, 215, § 37. "uisances. 

G. S. 86. § 60. 1876, 162, § 15. R. L. 100, § 87. 

1869, 415, § 62. P. S. 100, § 44. 12 Gray, 89. 

1 Section 82. All buildings or places used by clubs for the purpose ciubs used tor 

2 of selling, distributing or dispensing intoxicating liquors to their mem- common"""'^ 

3 bers or others shall be deemed common nuisances. Whoever keeps or 'issT,'226.' 

4 maintains, or assists in keeping or maintaining, such a common nuisance, ^^fy 2*06.^ *"' 
.5 shall be punished by a fine of not less than fift\' nor more than one R- l- loa, § 88. 

6 hundred dollars and by imprisonment for not less than three nor more 137 Mass. 564. 

7 than tweh-e months. 

152 Mass. 337. 167 Mass. 13. 219 Mass. 37. 

1 Section 83. Whoever, not being duly licensed as provided in this Penait.v for 

2 chapter, sells, exposes or keeps for sale certain non-intoxicating bever- 'etcrof certain 

3 ages as defined in section one shall be punished by a fine of not less .""ifile'eragel' 

4 than fifty nor more than five hundred dollars and by imprisonment for ^^~'^' '^^o. § 24. 

5 not less than one nor more than six months. 

1 Section 84. Con\'iction of a licensee of the ^^olation of any pro- Comiction 

2 vision of a license of the first two classes or the fourth or fifth class or ^ioiati'mf 0° 

3 of any pro\ision of this chapter shall render such license \oid. conditions of 

4 Conviction of a holder of a third class license of a \iolation of any Jl^lnseTOiu'* 

5 pro\asion of sections thirty to thirty-two, inclusive, shall render such isjjs. i^i^ § is. 

6 license void. ^^T't'q'^'i n 

7 Such licensee shall be disqualified to hold a license for one year after p. s.'iod. s is. 

8 his conviction, and if he is the owner of the licensed premises, no license 1887! 392! 

9 shall be exercised on the premises described in the forfeited license dur- {ffg; ^t; 347. 
10 ing the residue of the term thereof. is96, 30s. 

1897. 207, § 2: R. L. 100, § 53. 126 Mass. 250. 

271, § S; 487, § 1. 1920. 630, § 24. 156 Mass. 233. 

1 Section 85. The provisions of section fifty-two shall not apply to Certain pro- 

2 sales by the holder of a license of the third class if made upon the writ- appb' to sales 

3 ten prescription of a practicing physician. i875, 99, § 2. San^pr^ 

p. S. 100. §2. 1887,431,5 1. 1896,397,5 10. scription. 

1885, 282, § 1. 1889, 390, § 2. R. L. 100, §§ 25, 62, 63. 

1 Section 86. A violation by any person of any pro\'ision of this General 

2 chapter for which a specific penalty is not imposed or a \iolation by a 1832, lee, 

3 licensee of any provision of his license shall be punished by a fine of r.M; 47, § 27. 

4 not less than fifty nor more than fi\-e hundred dollars and by imprison- jfTs.'iV^.' 

5 ment for not less than one nor more than six months. 

G. S. 86, §§ 30, 31. 1880, 239, I 6. 1896, 308. 

1868, 141, S 18. P. S. 100. § 18. 1897, 207, §2; 

1869, 415, § 32. 1882, 242, § 2. 271, § 5: 487, § 1. 
1875, 99, § 13. 1888, 254. R. L. 100, § 53. 
1878, 207, § 2. 1889, 114; 347. 1920, 630, § 24. 



1406 



COMMON NUISANCES. 



[Chap. 1.39. 



i^ti^on'of 'certeta SECTION 87. Except as provided in the following section, violation 
iss''°22i 5 4- ^^ ''^"y provisions of section twentj'-eight, thirty, thirty-one, thirty- 
isqr^qy i6 ^^ °' forty-one or fifty-seven shall be punished by a fine of not less than 
1897! 398', t) 6. ' fifty nor more than five hundred dollars or by imprisonment for not 
R. L. 100, § .54. less than one nor more than six months, or both. A licensee of the 
1913; 413,' i 3. fifth class who violates section thirty-two shall be punished as above 



provided. 



Section 88. Any person who makes or issues a false or fraudulent 1 



Penalty for 
false cer- 

prescrfpt?ons. Certificate or prescription referred to in sections thirty and thirty-one 2 
1887,431, §5. shall be punished by a fine of ten dollars. i896.397.§ i6. r. l. loo, 5 2s. 3 



Penalty for 
violation of 
section 42, 
1917, 150, § 3. 



Section 89. Violations of section forty-two shall be punished bj- a 1 
fine of not less than fifty nor more than two hundred dollars. 2 



REFERENCES. 

Revocation of club charter for illegal keeping of liquor, Chap. ISO, § 27. 

Provisions as to druggists' licenses do not apply to physicians, wholesale dealers, 
etc., Chap. 112, §3.5. 

Screened booths in caffe forbidden. Chap. 272, § 25. 

Refilling registered bottles, Chap. 110, § 18. 

Registration of pharmacists. Chap. 112, §§ 24-36. 

Employment of minors in establishments where liquor is handled or sold, Chap. 
149, §§ 62, 64. 

§§ 25-27, 2&-33, 88. Not to apply to physicians who put up their own prescrip- 
tions, etc., Chap. 112, § 35. 

§ 27. Cancellation of certificate. Chap. 112, §§ 61-65. 



CHAPTER 139, 

COMMON NUISANCES. 



Sect. 

burnt or dangerous buildings. 

1. Burnt or dangerous buildings, how dis- 

posed of. 

2. Owner aggrieved may appeal to supe- 

rior court. 

3. Nuisances may be abated, etc. 

PL.\CES OF PROSTITUTION, ETC. 

4. Buildings, etc., used for prostitution, 

etc., to be deemed a nuisance. 

5. Penally. 

6. Abatement of nuisance. 

7. Filing, etc., of bill of complaint. 

8. Temporary injunction may be ordered, 

etc. 

9. Decree of court ordeiing abatement of 

nuisance, etc. 

10. Fee of officer for removing and selling 

property. Application of proceeds 
of sale. 

11. Order of abatement may be modified 

in certain cases, etc. 



Sect 

12. Bill of complaint not to be dismissed, 

except, etc. 

13. Persons found in places used for pros- 

titution, etc., may be summoned as 
witnesses. 

PLACES RESORTED TO FOR ILLEGAL GAMING 
OK USED FOR THE ILLEGAL KEEPING OR 
SALE OF INTOXICATING LIQUOR. 

14. Buildings resorted to for illegal gaming. 

etc., to be common nuisances. 

15. Penalty. 

16. Abatement of common nuisance. 

17. Evidences of sales. 

18. Removal of gambling booths, etc., near 

public shows. 

GENERAL PROVISIONS. 

19. Keeping a nuisance by tenant to make 

lease void, etc. 

20. Aiding in the maintenance of a nuisance. 



Chap. 139.] common nuisances. 1407 



BURNT OR DANGEROUS BUILDINGS. 

1 Section 1. In a city or town in which the city council or the in- Burnt or dan- 

2 habitants of the town accept this and the two following sections or fngs,"howdis- 
,3 have accepted corresponding provisions of earlier laws, the aldermen isss'l'^eo, 

4 or selectmen, after \\-ritten notice to the owner of a burnt, dilapidated or ^^ g' |v, 5 1 

5 dangerous building, or his authorized agent, and after a hearing, may Rf;\°j/l\- 

6 make and record an order adjudging it to be a nuisance to the neighbor- isis. 33:i', s 7. 

7 hood, or dangerous, and prescribing its disposition, alteration or regu- 

8 lation. The city or town clerk shall deliver a copy of the order to an 

9 officer qualified to serve civil process, who shall forthwith serve an 

10 attested copy thereof in the manner prescribed in section one hundred 

11 and twenty-four of chapter one hundred and eleven, and make return 

12 to said clerk of his doings thereon. 

1 Section 2. A person aggrie\'ed by such order may appeal to the owner ag- 

2 superior court for the county where such building is situated, if, within appeai't™''^ 

3 three days after the service of such attested copy upon him, he pre- is'g^'^o, 

4 sents to such court a petition stating liis grievance and the order of ^ |"|- 

5 the board. After such notice to the board as the court shall order, trial i**'^*'2ci.' 

6 by jury shall be had as in other civil causes. The jury may affirm, s§2-4. 

7 annul or alter such order, and the court shall render judgment in con- §§2-4. 

8 formity with said verdict, which shall take effect as an original order. If {920,' sJ*^' ^ ^' 

9 the order is affirmed, the petitioner shall pay the costs; if it is annulled, 

10 he shall recover from the town his damages, if any, and costs; and if it 

11 is altered, the court may render such judgment as to costs as justice shall 

12 require. 



court. 
409. 



1 Section 3. The aldermen or selectmen shall have the same power to Nuisances may 

2 abate and remove any such nuisance as is given to the board of health i855''4e9,'§'2°.' 

3 of a town under sections one hiuidred and twenty-three to one hundred p.f.foi.Vs. 

4 and twenty-five, inclusive, of chapter one hundred and eleven. ^' ^- *oi' § ^■ 

PLACES of prostitution, ETC. 

1 Section 4. Every building, part of a building, tenement or place Buildings, etc., 

2 used for prostitution, assignation or lewdness, and every place within tuutio^n, ?t°!' 

3 or upon which acts of prostitution, assignation or lewdness are held or i°nutsance!'"' 

4 occur, shall be deemed a nuisance. 

1855, 405, § 1. Gray, 2!)0. Ifi Gray, 18. 145 Mass. 251. 

G. S. 87, § 6. 10 Gray, 405. 12 Allen, 177. 213 Mass. 238. 

P. .S. 101, §6. 11 Gray, 48, 114 Mass. 281. 232 Mass. 88. 

R. L. 101. § 6. 12 CJrav, 326. 118 Mass. 456. 

1914, 624, § 1. 13 Gray, 26. 132 Mass. 1. See cases cited 

7 Gray, 328. 14 Gray, 406. 134 Mass. 201. under §§ 14, 15. 

1 Section 5. Whoe^■er keeps or maintains such a nuisance shall be Penalty. 

2 punished by a fine of not less than one hundred nor more than one thou- a's.'s?,''! V"' 

3 sand dollars and by imprisonment for not less than three months nor Hoeiisoils: 

4 more than three years. P- s. loi, § 7. 

R. L. 101, § 7. 1914, 624, § 2. See cases cited under §§ 4, 14, 15. 

1 Section 6. ^Yhene\■er there is reason to belie^•e that such a nuisance Abatement of 

2 is kept or maintained or exists in any town, either the district attorney iSt^'sso. 

3 for the district, or the attorney general, in the name of the common- r.'l; loi', I s°' 

4 wealth, or a citizen in his own name, may maintain a bill in equity per- ug^M^it |.5a 

5 petually to enjoin the person conducting or maintaining the same, and 201 m.-iss. 204 



1408 



COMMON NUISANCES. 



[Chap. 139. 



Filing, etc.. of 
bill of com- 
plaint. 
1914. 624, § 4. 



the owner, lessee or agent of tlie building or place in or upon which such 6 

nuisance ex'sts and their assignees from directly or indirectly maintain- 7 

ing or permitting such nuisance. 8 

Section 7. The bill of complaint shall join the owner of record of 1 

the premises as a party respondent and shall be filed in the superior 2 

court for the county where the nuisance is believed to exist, and shall be 3 

verified by oath of the complainant unless filed by the attorney general or 4 

a district attorney. The bill shall forthwith after filing be presented to 5 

the court sitting in equity within the county, or to any justice thereof 6 

if the court is not so sitting, and the proceeding shall have precedence 7 

over all other matters upon the docket except criminal proceedings, elec- 8 

tion contests and hearings upon petitions for other injunctions. 9 



Temporary in- SECTION 8. If upou a hearing, after at least two days' notice to the 1 

be ordered, etc. respondents of the time and place assigned therefor, the existence of 2 

1914, 624, § 5. ^^^^j^ ^ nuisance is shown to the satisfaction of the court or justice, either 3 

through verified complaint or through e\'idencc in the form of affidavits, 4 

depositions, oral testimony or otherwise, a temporary injunction shall 5 

be ordered to issue forthwith restraining the maintenance of the nuisance 6 

and enjoining the occupants, owner and all other persons from remov- 7 

ing fixtures, furniture, musical instruments and all other movable prop- 8 

erty from the premises until further order of the court. 9 



Decree of court 
ordering abate- 
ment of 
nuisance, etc. 
1914. 624, § fi. 
232 Mass. SS. 



Section 9. If upon subsequent hearing the existence of the nui- 1 
sance shall be established, the court shall enter a decree permanently 2 
enjoining the maintenance thereof, including in such decree an order of 3 
abatement directing the sheriff of the county or his deputy to enter the 4 
building or place where the nuisance existed and to sell all furniture, 5 
musical instruments and movable property used in maintaining the 6 
nuisance, in the manner provided for the sale of chattels under execu- 7 
tion, and to remove the same. If it shall appear that the bill of com- 8 
plaint was filed five or more days after notice to the record owner of the 9 
premises, and that he did not proceed forthwith to enforce his rights 10 
under section nineteen, such order of abatement shall further direct the 11 
effectual closing of the building or the place and the prohibition of 12 
its use for any purpose for one year, unless sooner released as provided 13 
in section eleven. For the purpose of proving the existence of the nui- 14 
sance the general reputation of the place shall be admissible as evidence. 15 



Fee of officer 
for removing 
and selling 
property. 
Application of 
proceeds of sale. 
1914, 624, § 7. 



Section 10 For removing and selling the mo\-able property in 1 

accordance with the decree of the court the officer shall be entitled to 2 

the same fees as for levying upon and selling like property on execution, 3 

and for closing the premises and keeping them closed, a reasonable sum 4 

shall be allowed by the court. The proceeds shall be applied: first, to 5 

the fees and costs of removal and sale; second, to the allowances and 6 

costs of so closing and keeping closed the premises; third, to the pay- 7 

ment of the complainants' costs in such proceeding, including a reason- 8 

able attorney's fee to be fixed by the court; fourth, the remainder, if any, 9 

to the owner of the property .sold. 10 

Order of abate- Section 11. If thc owucr of auy sucli prcmiscs shall pay all costs of 1 

modified in cer- tlic procecdings, and file with the court a bond with sureties approved 2 

i9i4.''o24!'5''a' by the clerk in the full value of such premises as ascertained by thc 3 



Chap. 139.] 



COMMON NUIS.\NCES. 



1409 



4 court, or in \acation by the clerk, payable to the court and conditioned 

5 that the owner of the premises found to be a nuisance will immediately 

6 abate such nuisance and prevent the same from being established or 

7 kept therein within one year thereafter, the court or justice may, if 

8 satisfied of the owner's good faith, order the premises so closed to be 

9 delivered to such owner and the order of abatement to be so modified 

10 as to dissolve the order that the premises remain closed for one year; 

11 provided, that such modification shall not release such premises from 

12 any judgment, lien, penalty or liability to which it may be subject. 

1 Section 12. No bill filed under section six shall be dismissed, except Bin of com- 

2 upon a sworn statement made and filed by the complainant and by his dismissed, 

3 attorney setting forth the reasons for dismissal thereof and upon ap- i9i4^c2T§ 9. 

4 proval of such dismissal by the court in open court. If the court is of 

5 opinion that the bill ought not to be dismissed he may direct the dis- 

6 trict attorney to prosecute the case to a final decree. If a bill brought 

7 by a citizen is continued more than one term of court, any citizen of the 

8 comity, or the district attorney, or, if public interest so requires, the 

9 attorney general, may be substituted for the original complainant and 

10 prosecute the case to a final decree. If the bill was brought by a citizen 

11 and the court finds that there was no reasonable ground therefor, costs 

12 may be awarded against the complainant. 



1 Section 13. All persons found in or upon premises used for prostitu- Persons found 

2 tion, assignation or lewdness may be required by a justice of a court of fo/proltiu!- 

3 record to recognize, with or ^\■ithout sureties, to ajjpear as witnesses at besummoned' 

4 any hearing in an action to punish a person for keeping or maintaining 

5 such a nuisance as is described in section four, or for aiding in the main- 

6 tenance of such a nuisance in the manner set forth in section twenty, 

7 or to enjoin or abate such a nuisance, and a w'arrant may be issued to 

8 bring such persons before the justice to recognize as aforesaid. 



as witnesses. 
1S14, C24, § 1.5. 



PL.\CES RESORTED TO FOR ILLEGAL GAMING OR USED FOR THE ILLEGAL 
KEEPING OR SALE OF INTOXICATING LIQUOR. 

1 Section 14. Every building, place or tenement which is resorted to Buiidinp 

2 for illegal gaming, or which is used for the illegal keeping or sale of in- iiicgai gaming, 

3 toxicating liquor, shall be deemed a common nuisance. mon nuislnce™.' 



1855, 405, § 1. 
G. .S. 87, § 6. 
P. S. 101, §6. 
R. L. 101, § 6. 
1914, 024, § 11. 

Tenements. 

10 Gray, 4(i4, 465. 

11 Gray, 4.54, 456. 
1-1 Gray, 406. 
107 Mass. 212. 
112 Mass. 277. 

144 Mass. 297. 

145 Mass. 104. 
148 Mass. 8. 
150 Mass. 71. 

153 Mass. 5, 483. 

154 .Mass. 388. 
166 Mass. 377. 
205 Mass. 124. 

Illegal gaming. 
7 Gray, 328. 

13 Gray, 26. 

14 Gray, 26, 390, 406. 
16 Gray, 18. 

7 Allen, 304. 
145 Mass. 251. 



Used for the 
illegal keeping 
or sale. 
7 Gray, 328. 

9 Gray, 296, 298. 

10 Gray, 9. 

11 Gray, 454. 

12 Gray, 89, 175, 
177, 178. 

13 Gray, 26. 

14 Gray, 23, 386, 390. 
16 Gray. 18. 19. 

1 Allen, 1, 592. 

2 Allen, 169. 
4 Allen, 589. 
97 Mass. 122. 

102 Mass. 144, 148. 

108 Mass. 24,26, 
27,480, 482. 

109 Mass. 361. 

110 Mass. 359,502. 

111 Mass. 425,426. 

113 Mass. 191. 

114 Mass. 252, 255,257, 
259 261 

lls'Mass. 102.141. 

116 Mass. 32,35, 46, 61. 

117 Mass. 140. 



123 Mass. 401. 

124 Mass. 26. 

126 Mass. 56, 256. 

127 Mass. 452. 
132 Mass. 267. 
136 Mass. 148, 436. 
138 Mass. 496, 498i 
508, 511. 

141 Mass. 28, 110. 

142 Mass. 474. 

143 Mass. 468. 

144 Mass. 171. 

145 Mass. 117, 
250. 251. 

147 Mass. 161. 

148 Mass. 425. 
150 Mass. 506. 
153 Mass. 211. 
167 Mass. 374. 

Resorted to. 
7 Allen, 304. 
12 Allen, 177. 

See cases cited 
under §§ 4, 15. 



1410 



COMMON NUISANCES. 



[Chap. 139. 



Penalty. 
1855, 405, § 2. 
G. S. 87, § 7. 

1865, 269, § 1. 

1866, 280, § 3. 
P. S. 101, § 7. 
R. L. 101, § 7. 



Section 15. Whoever keeps or maintains such common nuisance 
shall be punished by a fine of not less than fifty nor more than one hun- 
dred dollars and by imprisonment for not less than three months nor 
more than one year. los Mass. 465. 



107 Mass. 212. 
138 Mass. 498. 



145 Mass. 406. 
150 Mass. 506. 



154 Mass. lis. 
160 Mass. 298. 



See cases cited 
under §§ 4, 14. 



TOmmOT°'°^ Section 16. Upon an information filed by the district attorney for 

?s87"3so ^^^ district, or upon the petition of the board or officer having control 

1S95. 419, 1 10. of the police of a town or of not less than ten legal voters of a town, 

1914; C24! § 12. stating that a building, place or tenement therein is resorted to for 

illegal gaming, or is used for the illegal keeping or sale of intoxicating 

liquors, the supreme judicial or superior court may enjoin or abate the 

same as a common nuisance. 



S^afes"^"^ Section 17. Section sixty of chapter one hundred and thirty-eight 1 

E *l' loi' I i' ^'^^^^ ^PP'y to all cases relative to the use of any building, place or tene- 2 

ment for the illegal keeping or sale of intoxicating liquors in violation of 3 

this chapter. 4 



Removal of 
gambling 
booths, etc, 
near public 
shows. 
1850, 291. 
1851,91. 
G.S. 87, § 10. 
P. S. 101, § 10. 
R. L. 101, § 12. 



Section IS. The aldermen or the selectmen, upon complaint made 1 

to them under oath that the complainant has reason to believe and does 2 

belie\'e that a booth, shed or other temporary erection, situated within 3 

one mile of a muster field, cattle show ground, or other place of public 4 

gathering, is used and occupied for the sale of spirituous or fermented 5 

liquor, or for the purpose of gaming, may order the owner or occupant 6 

thereof to vacate and close the same forthwith. If the owner or occu- 7 

pant fails so to do, the aldermen or selectmen may forthwith abate such 8 

booth, shed or erection as a nuisance, and may pull down or otherwise de- 9 

stroy the same through the agency of any force, civil or military. 10 



Keeping a 
nuisance by 
tenant to 
make lea.se 
void, etc. 
R. S. 130. § 9. 
1855, 405, § 3. 
G. S. 87, § 8; 
165. § 14. 
P. S. 101, § 8; 
207, § 14. 
R. L. 101, 
1914, 624. 
15 Gray, 312, 

6 .Mien, 364. 

7 .Mien, 109. 
14 Allen, 289. 
103 Mass. 381 



§ 10. 
5 13. 



GENERAL PROVISIONS. 

Section 19. If a tenant or occupant of a building or tenement, 1 

under a lawful title, uses such premises or any part thereof for the pur- 2 

poses of prostitution, assignation, lewdness, illegal gaming, or the illegal 3 

keeping or sale of intoxicating liquors, such use shall at the election of 4 

the lessor or owner annul and make ^'oid the lease or other title under 5 

which such tenant or occupant holds and, without any act of the lessor 6 

or owner, shall cause the right of possession to revert and vest in him, 7 

and he may, without process of law, make immediate entry upon the 8 

premises, or may avail himself of the remedy provided in chapter two 9 

hundred and thirty-nine. loe Mass. 537. 10 



Aiding in the 
maintenance of 
a nuisance. 
1855, 405, § 4. 
G. S. 87, § 9. 
1866, 280, § 3. 
P. S. 101, § 9. 
R. L. 101, ? 11. 
1914, 624, § 14. 
106 Mass. 537. 
112 Mass. 277. 
135 Mass. 652. 
131) Mass. 148. 
138 Mass. 181. 
146 Mass. 36. 
228 Mass. 266. 



Section 20. Whoever knowingly lets premises owned by him, or 1 

under his control, for the purposes of prostitution, assignation, lewdness, 2 

illegal gaming, or the illegal keeping or sale of intoxicating liquors, or 3 

knowingly permits such premises, while under his control, to be used 4 

for such purposes, or after due notice of any such use omits to take all 5 

reasonable measures to eject therefrom the persons occupying the same 6 

as soon as it can lawfully be done, shall be punished by a fine of not less 7 

than fifty nor more than one hundred dollars and by imprisonment for 8 

not less than three months nor more than one year. 232 Mass. 88. 9 



Chap. 140.] 



LICENSES. 



1411 



REFERENCES. 

Building or structure erected in violation of Chap. 143, § 4, made a common nui- 
sance, and its abatement or removal provided for, Chap. 14.3. § 5. 

Buildings, etc., resorted to by habitual users of narcotic drugs for the purpose of 
using such drugs or for the illegal keeping or sale of the same declared a common 
nuisance. Chap. 94, § 210. 

Order for the securing or removal of dangerous buildings in cities or to^Tis accepting 
§§ 6-12 of Chap. 143, appeal to superior court from such order, restraintof such illegal 
construction by injunction in supreme judicial or the superior court, and such court's 
jurisdiction to order the removal or abatement of such construction as a nuisance, 
Chap. 143, §§ 6-12. 

Articles and things placed upon a fire escape or outside means of egress of any 
building declared a common nuisance, and seizure and disposal thereof, Chap. 143, 
§22. 

Certain proceedings in the auction of horses in Boston declared a common nuisance, 
and the abatement thereof provided for, 1904, 336, as amended by 1905, 426. 

Emission of smoke in certain manner in certain cities and towns declared a nuisance, 
and its abatement provided for, Chap. 140, §§ 132-136. 

Abatement of smoke in Boston, Cambridge, Somerville, Everett, Chelsea and 
Brookline, 1910, 6.51; 1911, 10; 191.5, 50. 

Suppression of gypsy and brown tail moths as public nuisances, Chap. 132, §§ 11-24. 

Suppression of tent caterpillar, leopard moth and elm beetle. Chap. 132, §§ 25, 26. 

Public nuisances of insect pest or plant disease and abatement by director of the 
division of plant pest control, Chap. 128, § 24, et seq. 

Unauthorized erections or work done in the Connecticut river declared pubUc 
nuisances, and the abatement thereof provided for. Chap. 91. § 12. 

Unauthorized erections or work done in non-tidal part of Merrimack river declared 
public nuisances, and the abatement thereof provided for. Chap. 91, § 12. 



CHAPTER 140 

LICENSES. 



Sect. 

1. Definition. 

IN>fHOLDERS AND COMMON VICTUALLERS. 



9. 
10. 



11. 

12. 



13. 
14. 



15. 
16. 



17. 

18. 



Licen9e. 

Form of innholders' licenses. 

Contents of license of an iunholder or 
common victualler. Term. 

Innholders, etc., to have suitable ac- 
commodations for travelers. 

Refusal of license. 

Penalty for refusing to receive trav- 
eler. 

Penalty for refusing food to traveler. 

Revocation of license. 

Liability of innholder for loss of prop- 
erty. 

Liability for loss by fire. 

Penalty for fraudulently procuring en- 
tertainment at an inn or boarding 
house. 

Copy of certain sections to be posted. 

Disposition of baggage in possession of 
innholders. 

Disposition of proceeds of sale- 
Balance of proceeds of sale to be paid 
to owner. 

Negligence of guest a defence. 

Signs. 



Sect. 

19. Summary of laws to be furnished 

licensees. 

20. Penalty on unlicensed innholder, etc. 

21. Penalty on tliird conviction. 



LODGING HOUSES. 

Definition. 

Licenses. 

Penalty. 

Inspection. 
26. Penalty for permitting immoral con- 
duct. 

Register. 

Order to keep a register. 

Penalty for false entry in register, etc. 

Revocation, etc., of licenses. 

Posting of laws. 

Record of conviction to be sent to 
licensing authorities. 



22, 
23 
24 

25, 



27. 
28. 
29. 
30. 
31. 
32. 



public lodging houses. 

33. Definition. 

34. Licenses. 

35. Inspection of means of escape from fire. 

36. Inspection by board of health. 

37. Register. 

38. Access for purposes of inspection. 



1412 



LICENSES. 



[ClL\P. 140. 



Sect. 

39. Penalty for keeping public lodging 

house without a license. 

40. Penalty. 

INTELLIGENCE OFFICES. 

41. Penalty for keeping unlicensed intelli- 

gence office. 

42. Licenses for intelligence offices. 

43. Keeper not to receive money unless 

employment is furnished. 

44. Money to be refunded in certain cases. 

45. Statutes to be printed on licenses. 

46. Penalty. 

MISCELLANEOUS PROVISIONS. 

47. License for coffee houses. 

48. Penalty for receiving gratuity given 

to cmploj-ee. 

49. Licenses for lunch carts. 

50. Same subject. 

51. Manicuring, massage or vapor baths. 

52. Officers may enter premises. 

53. Penalty. 

54. Licenses of junk dealers, etc. 

55. Penalty. 

56. Junk collector. 

S.\LE OF SECOND HAND MOTOE VEHICLES. 

57. License required e.xcept in certain 

cases. 

58. Classes of licenses. 

59. Licensing authorities. Contents of 

license, etc. 

60. Rules relative to purchase, etc., of 

second hand motor vehicles. 

61. Vehicles or parts to be kept for four 

days. 

62. Licensee to keep a record book. 

63. Daily or weekly reports by licensees. 

64. Police authorities may waive the four 

days' requirement. 

65. Notice of proposed sale required liy 

an unlicensed person. 

66. Police authorities may enter licensed 

premises. 

67. Penalty for refu-iial to allow entry, etc. 

68. Penalty for doing business without 

license. 

69. Penalties for breach of rules. 

pawnbrokehs. 

70. Licenses. 

71. Pawnbrokers to retain articles four 

months, etc. 

72. Rate of interest may be limited. 

73. Officers may enter pawnbroker's shop, 

etc. 

74. Penalty for refusing to admit officer. 

75. Penalty for acting without license. 

76. Loans on personal property regulated. 

77. Fee for license. 

78. Regulations. 

79. Pawnbrokers to keep record of 

pledges, etc. 



Sect. 

80. Memorandum to pledgor. 

81. Books to be open to inspection. 

82. Penalty. 

83. Record of amount loaned on tools, etc. 

84. Penalty. 

85. .Application of certain sections. 



86. Loans on collateral security of house- 

hold goods, etc. 

87. Record book to be open to inspection. 

88. When articles pledged are to be re- 

tained. 

89. Penalty for refusing inspection, etc. 

90. Loans of less than one thousand 

dollars. 

91. Loans secured by pledge, etc. 

92. Loan on security of household furni- 

ture. 

93. Notice to foreclose. 

94. Liability for refusal to discharge 

mortgage. 

95. Application of five preceding sections. 

96. Licenses for business of making small 

loans. 

97. Regulations. Investigations. 

98. Returns to commissioner. 

99. Examination of licensees. 

100. Rate of interest. 

101. Term and fomi of license. Posting. 

102. Fees. 

103. Penalty for violation of law by 

licensees. 

104. Conditions of granting license. 

105. Bond. 

106. Recover}' of illegal interest. 

107. Mortgage, etc., as security dis- 

charged in payment of loan. 

108. Validity of mortgage, etc. 

109. Receipt for part payment. 

110. Penalty for acting without a license. 

111. Law as to rate of interest in absence 

of agreement not affected. 

112. Duties of state police, etc. 

113. Old returns may be destroyed. 

114. Certain associations need not procure 

licenses. 

STEAM ENGINES AND FURNACES. 

115. Licenses. 

116. Changes in furnaces, etc., erected be- 

fore acceptance of law. 

117. .Appeal. 

118. Stationary engines. 

119. Furnaces, etc., illegally erected or 

used are nuisances. 

120. Application of five preceding sec- 

tions. 

SALE OF FIREARMS. 

121. Definitions. 

122. Licenses. 

123. Conditions of licenses. 



Chap. 140.] 



LICENSES. 



1413 



Sect. 

12-t. Term of licenses. 

125. Suspension or revocation of licenses. 

126. Signs, etc., evidence that firearms are 

kept for sale. 

127. Transfer of licenses. 

12S. Penalty for selling without a license. 

129. Penalty for giving false name, etc. 

130. Penalty for selling firearms, etc., to 

minor under fifteen. 

131. License to carry pistol, etc. 

SMOKE NUISANCE. 

132. Smoke nuisance. 

133. Permits. 

134. Objections to permits. 

135. Enforcement. 

136. Penalty. 

D003. 

137. Licenses. 

138. Same subject. 

139. Fees. 

140. Breeder's Ucense. 

141. Penalty for keeping unlicensed dog. 

142. Keeping of bloodhound, etc. 

143. Penalty. 

144. Dog to be removed or killed in certain 

circumstances. 

145. License to have description of liydro- 

phobia printed on it. 

146. License valid throughout the state, 

etc. 

147. Issuing of licenses, disposition of fees, 

etc. 

148. Bond of city clerk. 

149. Accounts of county, etc., clerks. 

150. Assessors to take list of dogs. 

151. Dog officers. Killing unlicensed dogs. 

152. Returns by dog officers. 

153. Warrant to dog ofiieers. 

154. Mayor, etc., to certify to district at- 

torneys as to warrants. 

155. Damage by dogs. 

156. Dog attacking person or certain 

animals may be killed, when. 

157. Complaint as to dangerous dog. 

158. Dog proved dangerous may be killed. 

159. Treble damages if dog, after notice, 

causes injury, etc. 

160. Protecting domestic animals from in- 

jury by dogs. 

161. Certain damages by dogs to be paid 

by the county. 

162. Reward for killing dog found injuring 

domestic animals. 

163. Notice to owner to kill such dog. 

164. Penalty for not confining dog. 

165. Appointment of persons to investigate 

damages by dogs. 

166. Person damaged has choice of remedy. 

167. Dogs may Ix- required to be muzzled. 

168. Service of notice. Penalty. 

169. Penalty on town officer. 

170. Disposition of fees, etc., in Suffolk 

county. 



Sect. 

171. Owner of dog liable to county for 

damages paid by it. 

172. Disposition of une.xpended balance of 

dog fund. 

173. Ordinances and by-laws as to dog.s. 

174. Recovery of penalties. 

175. Liability for killing, etc., a licensed 

dog. 

STALLIONS. 

176. Registration. 

BILLIARD TABLES AND BOWLING ALLEYS. 

177. Licenses. 

178. Penalty. 

179. Penalty for admitting minors to bil- 

liard rooms, etc. 

180. Penalty for unlawful use, etc., of 

bowling alley. 

THEATRICAL EXHIBITIONS, PUBLIC AMUSE- 
MENTS, ETC. 

181. Licenses. 

182. Penalty for unlicensed exhibition. 

183. Darkened hall prohibited during 

progress of public dances therein. 

184. Penalty for exhibition when liquor is 

sold. 

185. Masked ball prohibited. 

SKATING RINKS. ETC. 

186. License. 

187. Penalty. 

PICNIC GROVES. 

188. License. 

189. Penalty. 

190. Peddling near picnic grove forbidden. 

STEAMBOATS. 

191. License. 

192. Form of license. Fee. 

193. Penalty. 

BOATING .4.ND BATHING. 

194. License. 

195. Posting notices. 

196. Penaltj' for acting without license. 

GENERAL PROVISIONS. 

197. Admission of children to entertain- 

ments regulated. 

198. Admission of young persons to dance 

halls and skating rinks regulated. 

199. Posting copy of law. 

200. Penalty. 

201. Officers may enter billiard rooms, 

etc 

202. Form, etc., of certain licenses. 

203. Term of licenses. 

204 License valid only in place specified. 

205 Revocation of license. 



1414 

Definition. 



LICENSES. 



[Chap. 140. 



Section 1. "Licensing authorities" as used in this chapter, unless a 1 

contrary meaning is required by the context, shall mean the boards in 2 

Boston and other cities which by special statutes or city charters have 3 

the power to issue licenses for innholders or common N-ictuallers, the 4 

aldermen in other cities and the selectmen in towns. 5 



License. 
C. L. 79, § 2. 
1692-3, 9, § 1. 
1703-4, 5, 5 1. 
17S6, 68, § 1. 
1792, 25. 
1832, 166, §§ 4, 
6,8. 
^ 1833, 122. 
R. S. 47. 
§§ 17. 18. 
1837, 242, § 2. 
G. S. 88, 
§§ 2, 21. 
1875. 99, § 6, 
cl. 5. 

1878. 241, § 8. 

1879. 38, § 1. 
P. S. 102, 

l§ 2. 24. 
1885. S3; 
323. § 2. 

1894. 235; 
351; 428, §4. 

1895, 343. 



INNHOLDERS AND COMMON VICTUALLERS. 

Section 2. Licensing authorities may grant licenses to persons to be 1 
innholders or common victuallers. Such Ucense shall not be issued or be 2 
valid until it has been signed by a majority of the aldermen in cities 3 
where the license is to be granted by the aldermen, by a majority of the 4 
licensing board in other cities or by the selectmen in towns. An alderman, 5 
any member of the licensing board or a selectman may refuse to sign a 6 
license for a person who, in his opinion, has not complied Mith tliis chap- 7 
ter. Tliis section shall not recjuire the licensing authorities to grant S 
either of said hcenses if, in their opinion, the pubhc good does not recjuire 9 
it. A fee of not more than five dollars may be charged for either of said 10 
licenses. The hcenses shall be recorded in the office of the licensing 11 
authorities. An alderman, member of a licensing board or selectman 12 
who signs a hcense granted contrary to this chapter shall be punished by 13 
a fine of not more than fifty dollars. R l. 102, § 2. 1906, 291, § 4. 14 

1910, 383. 141 Mass. 23. 225 Mass. 104. 

1916, Sp. 310. 221 Mass. 395. 3 Op. A. G. 276.^ 



Form of 
innholders' 
licenses. 
1915, 180, § 5. 
1918, 259, § 2. 



Section 3. All innholders' licenses shall be expressed to be subject 1 

to sections twenty-two to tliirty-two, inclusive, of this chapter and sec- 2 

tions twenty-five to twenty-seven, inclusive, of chapter two hundred and 3 

seventy-two. 4 



Contents of 
license of aa 
innholder or 
common 
victualler. 
Term. 

C. L. 83. § 15. 
1703-4. 5, § 1. 
1780, 68. § 2. 
1832, 166, 
§§ 6, 7. 
R.S. 47. 
5S 17, 19. 



Section 4. Every license of an Innliolder or common \ictualler shall 
specify the street and number, if any, of the building where the business 
is to be carried on or give some other particular description thereof, and 
the Ucense shall not protect a Hcensee who carries on liis business in 
any other place. Such hcenses shall expire on April tliirtieth of each 
year; but they may be granted during April, to take efi'ect on May first 

following. G.S.SS, §§2,3. 



1878, 241, § 9. 

1879, 38, § 2. 



P. S. 102, i 
1890, 73. 



R. L. 102, |§ 3, 4. 
201 Mass. 204. 



Section 5. Every innholder and every common victualler shall at 

all times be provided with suitable food for strangers and traA'elers. 

Every innliolder shall also have upon his premises suitable rooms, with 

beds and bedding, for the lodging of his guests, and, if the licensing 

1832, 166,; §io. authorities so require, be provided with stable room, hay and provender 



Innholders, 
etc., to have 
suitable ac- 
commodations 
for travelers. 
C. L. 82, § 10. 
1698. 10. § 1. 
1786. 68. I 3 



R. S. 4 

G. S. 88, § 8. 



for their horses and cattle. 

p. S. 102. §§ 5, 6. 



R. L. 102. § 5. 



1878. 241, §§ 1, 2. 

221 Mass. 



Refusal of 

license. 

1878. 241, 

§§3,4. 

P. S. 102, 

5§ 7, 8. 

R. L. 102. § 6. 

201 Mass. 204. 

221 Mass. 70. 



Section 6. An innholder's or common victualler's license shall not 1 

be granted unless at the time of making application therefor the applicant 2 

has upon his premises the necessary implements and facilities for cooking, 3 

preparing and serving food for strangers and travelers; and, if he is an 4 

applicant for an innholder's license, also has the rooms, beds and bedding 5 

and stable room and prov'ender for horses and cattle required by law. 6 



1919, 99. 
189 Mass. 70. 



Chap. 140.] licenses. 1415 

1 Section 7. An innholder who, upon request, refuses to receive and feeling to"^ 

2 make suitable provision for a stranger or traveler, and also for his horses [^if^^l^ 

3 and cattle, when he may under the provisions of this chapter be legally '^j^^^f § i°- 

4 required so to do, shall be punished by a fine of not more than fifty n, § 4. ' 

5 dollars. 1786, 68, § 3. 1832, 166. § 10. R. S. 47, § 8. 

G. S. SS, § 9. 1878, 241, § 5. P. S. 102, § 9. R. L. 102, § 7. 

1 Section 8. A common victualler who, upon request, on any day but Penalty for 

2 Sunday, refuses to supply food to a stranger or traveler shall be punished to traveler. 

3 by a fine of not more than fifty dollars. 

1878, 241, § 6. P. S. 102, § 10. R. L. 102, § 8. 221 Mass. 70. 

1 Section 9. If, in the opinion of the licensing authorities, a licensee Revocation 

2 as an innholder or a common victualler ceases to be engaged in the business i78'6,^6&§ s. 

3 he is licensed to pursue, or fails to maintain upon his premises the im- R^^l.'il,^!!.'"' 

4 plements and facilities required by this chapter, they shall immediately G^I'lli^iV^- 

5 revoke his license. If a licensee at any time conducts his licensed busi- i?1'|'*'' 
G ness in an improper manner, the licensing authorities, after notice to the p, s! 102. 

7 licensee and reasonable opportunity for a hearing, may upon satisfactory r. l 102, 

8 proof thereof suspend or revoke his license. An innholder who violates i9is~ w."' 

9 section seven or a common victualler who violates section eight shall ' '" "" 

10 forfeit his license. A licensee who is convicted a second time of the 

11 violation of any of the provisions of sections six to eighteen, inclusive, 

12 shall forfeit his license. 

1 Section 10. An innholder shall not be liable for losses sustained by Liability oi 

2 a guest except of wearing apparel, articles worn or carried on the person, loss of " 

3 personal baggage and money necessary for traveling ex-penses and personal isssfwo, § 1. 

4 use, nor shall such guest recover of an innholder more than one thousand fs?!, lis!/ 1'. 
.5 dollars as damages for any such loss; but an innholder shall be liable in ^^^^ ^°^^ ^ 12. 

6 damages to an amount not exceeding three thousand dollars for the loss js^^. sos. ^^ 

7 of money, jewels and ornaments of a guest specially deposited for safe a Pick 2"so. 

8 keeping, or offered to be so deposited, with such innholder, person in i4o Mass. 123. 

9 charge at the office of the inn, or other agent of such innholder authorized 

10 to receive such deposit. This section shall not affect the innholder's 

11 liability under any special contract for other property deposited with 

12 him for safe keeping after being fully informed of its nature and value, 

13 nor increase his liability in case of loss by fire or overwhelming force 

14 beyond that specified in the following section. 

1 Section 11. In case of loss by fire or overwhelming force, innholders Liability for 

2 shall be answerable to their guests only for ordinary and reasonable care isss, 405?§ 2. 

3 in the custody of their baggage or other property. 

G. S. 88, § 11. P, S. 102, § 15. R. L. 102, § 11. 

1 Section 12. Whoever puts up at an inn or boarding house and, fraudifentfy 

2 without having an exTiress agreement for credit, procures food, enter- procuring 

,. i.'^., . ii. i-i- entertainment 

6 tamment or accommodation without paying therefor, and with intent at an inn 

4 to cheat or defraud the owner or keeper thereof; or, with such intent, hous°e.'^ '" 

5 obtains credit at an inn or boarding house for such food, entertainment p ki62,§ is. 

6 or accommodation by means of any false show of baggage or eft'ects SUf; {eg.' ^ '' 

7 brought thereto; or, with such intent, removes or causes to be removed ''■ ^- ^'^^ ^ ^^' 

8 any baggage or effects from an inn or boarding house while a lien exists 

9 thereon for the proper charges due from him for fare and board furnished 



1416 



LICENSES. 



[Chap. 140. 



therein, shall be punished by a fine of not more than fifty dollars or b_y 10 
imprisonment for not more than three months. 11 

Sti^n°s'tobr° Section 13. Innholders shall post a printed copy of this and the 1 

fsrotlss, § 3. three preceding sections in a conspicuous place in each room of their inns. 2 

r*l' 10^' ^ ^ Boarding house keepers shall post a copy of the preceding section in a .3 

§§' 12, 13'.' conspicuous place in each room of their boarding houses. 4 



biggagein"pos- SECTION 14. An innholdcr, after retaining for six months from the 1 
iToid^re"^ '"°" time of departure of a guest from his inn any trunks, bags, valises, parcels, 2 
1894' isi' ^ ' clothing, goods or other personal property of a guest which has been aban- 3 
R. L.' 102, § 14, doned by such guest, or which such innholder retains by virtue of his 4 
lien thereon for the unpaid board, lodging and other charges of such .5 
guest, may sell the same by public auction upon the premises of the inn, 6 
notice of the time and place of sale first being posted in a conspicuous 7 
place in the office of the inn for four weeks prior to the date of such sale, 8 
and published once in each of three successive weeks in a newspaper, if 9 
any, published in the town where the inn is situated; otherwise, in a 10 
newspaper published in the county where the inn is situated, the first 11 
publication of such notice to be not less than twenty-one days before 12 
the day of sale. A copy of such notice shall be sent by registered mail 13 
addressed to said guest at the residence given by him in the register of 14 
such inn. Such notice shall contain a descriptive list of all such property 15 
and of all such specific marks as may serve to identify such propert.y, 16 
and the name of the guest so far as known to such innholder. 17 

Section 15. The proceeds of such sale, after deducting reasonable 1 

charges and expenses incurred in the storage and sale of such property, 2 

shall be applied to the discharge of the lien of such innliolder thereon 3 

for the board, lodging and other charges of such guest, and any proceeds 4 

remaining thereafter shall be paid to the commonwealth. 5 

pr^o^eedVof sale Section 16. If, withiu three years after such sale, the owner of any 1 

ownlr"''''' *° s"^'^ property claims it and proves his ownership thereof, the said pro- 2 

R ^L 102' 1 16 ^^^'^^^> ^^^^^' deducting all reasonable charges and expenses, shall be paid 3 

over to him by the state treasurer. 4 



Disposition of 

proceeds of 

sale 

1S93. 419, § 2. 

R. L. 102. § 15. 



Negligence 


of guest a 


defence. 


1853, 405, § 3. 


G. S. 8S, § 12. 


P. S. 102. ^ 16. 


R. L. 102, § 17. 


140 Mass. 123. 


145 Mass. 1S6. 


Signs. 


C. L. 79, 5 2. 


1786, 68. § 3. 


1S32, 166, ^ 10. 


R. S. 47, § 7. 


G. S. 88, S 14. 


P. S. 102, § 17. 


R. L, 102, § 18. 


Summary of 


laws to be 


furnished 


licensees. 


1837, 242, S 5. 


G. .S. 88. § 22. 


P. S. 102, s 2.5. 



Section 17. An innholder against whom a claim is made for loss 1 

sustained by a guest may show that such loss is attributable to the 2 

negligence of the guest or to his failure to comply with the regulations of 3 

the inn, if they are reasonable and proper and are shown to have been 4 

duly brought to the notice of the guest by the innholder. 5 

Section 18. Every innholder and common victualler shall at all times 1 

have a board or sign affixed to his house, shop, cellar or store, or in a 2 

conspicuous place near the same, with his name legibly inscribed thereon 3 

in large letters and the business for which he is licenseil inscribed thereon, 4 

and upon neglect thereof shall forfeit twenty dollars. 5 

Section 19. The state secretary shall cause a condensed summary of 1 

all laws relative to innholders and common victuallers to be printed, and 2 

shall supply copies thereof to licensing authorities, who shall at the time 3 

of granting each license provide the licensee with a copy of such summary. 4 

R L. 102, § 22. 



Chap. 140.] licenses. 1417 

1 Section 20. Wlioever assumes to be an innholder or common vict- Penalty on un- 

2 ualler without being licensed as such under this chapter shall forfeit one howlr, etc" 

3 hundred dollars. 

C. L. 79, § 2; 84. § 3. 1S32, 166. §§ 1. 3 P. S. 102, § 1. 

178(;, 68, §1. R. S. 47, §1. R. L. 102,'§1. 

1830, 136, §§ 1, 2, G. S. 88. § 1, 101 Mass. 214. 

1 Section 21. Whoever is convicted a third time of a ^•iolation of any Penalty 

2 provision of the preceding sections, except those contained in sections "onvirtion. 

3 seven and eight, shall, in addition to the penalties before provided, be nge'.ls, If. 

4 punished by imprisonment for not more than three months. ^^-- '^^' ^ ^^ 

R. S. 47, § 29. G. S. 88, § 17. R. L. 102, § 21. 

1837, 242, § 4. P. S. 102, § 20. 

LODGING HOUSES. 

1 Section 22. "Lodging house", as used in sections twenty-two to DeBnition 

2 thirty-one, inclusive, shall mean a house where lodgings are let to five '^^^'^^^'^ '• 

3 or more persons not within the second degree of kindred to the person 

4 conducting it, and shall not include dormitories of charitable, educational 

5 or philanthropic institutions. 

1 Section 23. Licensing authorities may grant licenses for lodging Licenses. 

2 houses which shall be for the period provided in section four and shall §5'!; 9.^^' 

3 be issued without charge. Said authorities shall enforce sections twenty- 

4 four to thirty-one, inclusive, and shall prosecute all violations thereof. 

1 Section 24. Whoever conducts a lodging house without a license penalty. 

2 shall be punished by a fine of not less than one hundred nor more than '^^*' ^^^' ^ *• 

3 five hundred dollars or by imprisonment for not more than three months, 

4 or both. 

1 Section 25. Premises occupied, used or controlled by a licensee inspection. 

2 under sections twenty-two to thirty-one, inclusive, or under an innholder's ^^'*' ^^^' ^ ^' 

3 license shall be subject to inspection by the licensing authorities and their 

4 authorized agents, and by the police on request from the licensing 

5 authorities. 

1 Section 26. Whoever, being licensed as a lodging house keeper under penalty for 

2 sections twenty-two to thirty-one, inclusive, or as an innholder, or being P"mo"i"* 

3 in actual charge, management or control of the premises for which the Jgig^lgQ 

4 license is issued, knowingly permits the premises under his control to be SM.'s. 

5 used for the purpose of immoral solicitation, immoral bargaining or 

6 immoral conduct shall be punished by a fine of not less than five hun- 

7 dred nor more than one thousand dollars or by imprisonment for not 

8 less than six months nor more than one jear, or both. E\idence that a 

9 room in a hotel or lodging house was not actually used for immoral con- 

10 duct shall not prevent a conviction under this section of a person in 

11 actual charge, control or management of the premises who permits the 

12 occupation of such a room knowing or having good reason to know that 

13 the parties occupying such a room intended to use it for immoral solici- 

14 tation, immoral bargaining or immoral conduct. If it is required that 

15 registers be kept, as provided in sections twenty-seven and twenty-eight, 

16 evidence that the person in actual charge, control or management of 

17 the premises has knowingly permitted the occupation of a private room 

18 of less than four hundred square feet floor area, containing a bed or 



1418 



LICENSES. 



[Chap. 140. 



couch, by the same woman on different occasions within a period of 19 
thirty days with different men, or by the same man on different occasions 20 
within a period of thirty days with different women, shall be prima facie 21 
evidence of a violation of this section. 22 



Register. 
1918. 259, 
§§ 5, 8. 



Section 27. Every innholder, and every lodging house keeper re- 
quired so to do imder section twenty-eight, shall keep or cause to be 
kept, in permanent form, a register in which shall be recorded the true 
name or name in ordinary use and the residence of every person engaging 
or occupying a priA'ate room averaging less than four hundred square 
feet floor area, excepting a private dining room not containing a bed or 
couch, or opening into a room containing a bed or coUch, for any period 
of the day or night in any part of the premises controlled by the licensee, 8 
together with a true and accurate record of the room assigned to such 9 
person and of the day and hour when such room is assigned. The entry 10 
of the names of the person engaging a room and of the occupants of said 11 
room shall be made by said person engaging said room or by an occupant 12 
thereof. Until the entry of such name and the record of the room has 13 
been made, such person shall not be allowed to occupy privately any 14 
room upon the licensed premises. Such register shall be retained by the 15 
holder of the license for a period of at least one year after the date of the 16 
last entry therein, and shall be open to the inspection of the licensing 17 
authorities, their agents a.nd the police. Whoever violates any pro- IS 
vision of this section shall be punished by a fine of not less than one 19 
hundred nor more than five hundred dollars or by imprisonment for not 20 
more than three months, or both. 21 



Order to keep 
a register. 
191S, 259, § 7. 



Section 28. Every person conducting a lodging house shall within 1 

twenty-four hours after he is ordered to do so by the licensing authorities 2 

keep a register. The said authorities may issue such order at any time, .3 

and shall do so upon receipt of an affida^'it of a commissioned officer of 4 

the United States army or navy or a police officer stating that the affiant 5 

knows or believes such lodging house is being used for immoral solicita- 6 

tion, immoral bargaining or immoral conduct. 7 



Penalty for 
false entry in 
register, etc. 
1918, 259, § 6. 



Revocation, , 
etc., of 
licenses. 
1918, 259, § 9. 



Section 29. No person shall write or cause to be written, or if in 1 

charge of a register knowingly permit to be written, in any register in 2 

any lodging house or hotel any other or different name or designation 3 

than the true name or name in ordinary use of the person registering or 4 

causing himself to be registered therein. No person occupying such 5 

room shall fail to register or fail to cause himself to be registered. Who- 6 

ever violates any provision of this section shall be punished by a fine of 7 

not less than ten nor more than twenty-five dollars. 8 

Section 30. A license issued under sections twenty-two to thirty- 1 

one, inclusive, or an innholder's license, shall be revoked if at any time 2 

the licensing authorities are satisfied that the licensee is unfit to hold 3 

the license. They may suspend and make inoperative, for such period 4 

of time as they may deem proper, the licenses mentioned herein for any 5 

cause deemed satisfactory to them. The revocation and suspension shall 6 

not be made until after investigation and a hearing, or after giving the 7 

licensee an opportunity to be heard; notice of the hearing shall be left at 8 

the premises of the licensee not less than three days before the time 9 

therefor. 10 



Chap. 140.] licenses. 1419 

1 Section 31. All innholders, and all lodging house keepers who have Posting of 

2 been ordered to keep a register, shall post in a conspicuous place near the ml, 259, § 10. 

3 register a notice, to be furnished by the hcensing authorities, containing 

4 the provisions of sections twenty-se\en and twenty-nine relating to the 

5 entry of names and residences in the register, together with the penalty 

6 provided for their \-iolation. 

1 Section 32. The clerk of a court where any person is convicted of a Record of 

2 violation of any pro^^sion of sections twenty-two to thirty-one, inclusi^'e, be sent to 

3 shall forthwith send a copy of the record of the conviction to the licensing authorities. 

4 authorities in the town where the offence occurred. i9i8, 259, § 11. 

public lodging houses. 

1 Section 33. In cities of over fifty thousand inhabitants every build- fs94?4u°'§ 1. 

2 ing not licensed as an inn, in which ten or more persons are lodgetl free l^*-§'^^- 

3 or for a charge of twenty-five cents or less for each person for a day i'"!!?^-, , 

4 of twenty-four hours, or for any part thereof, shall be deemed a public 

5 lodging house within the meaning of sections thirty-four to forty, in- 

6 elusive. No building or part thereof erected, altered or converted to 

7 be used as such a public lodging house shall have the sleeping compart- 

8 ments arranged on the cubicle plan. 

1 Section 34. The officer or board having charge of the police in any Licenses. 

2 such city may license persons to keep public lodging houses therein, and §§ 2,'?. ' 

3 shall immediately revoke such license if the licensee violates any pro- §§*2,'7',^8.' 

4 vision of sections thirty-five to thirty-eight, inclusive. No fee shall be 

5 charged for such license, and, subject to section forty-nine of chapter 

6 one hundred and forty-three when applicable, it shall expire on the 

7 thirtieth day of April next after the granting of the same. Every such 

8 license shall specify the street and number, if any, of the building where 

9 the business is to be carried on or give some other particular description 

10 thereof, and the license shall not protect a licensee who carries on his 

11 business in any other place. 

1 Section 35. No such license shall be granted in anv such citv until inspection of 

^^ * * means or 

2 the inspector of buildings thereof, or the other officer or board having escape from 

3 authority to administer the laws and ordinances in regard to the con- isni, 414, 1 3. 

4 struction of buildings therein, has certified that the building, if it has §'5 3.'8 ' 

5 eight or more rooms or ten or more persons are accommodated above ^^''^' ^"^^ ^ ""■ 

6 the second story, complies with the requirements of chapter one hundred P«°»'ty' § ^°- 

7 and forty-three, and in other cases is provided with sufficient means of 

8 escape in case of fire, and that suitable appliances are provided for ex- 

9 tinguishing fires and for giving alarm to the inmates in case of fire; and 

10 such officer or board may from time to time require such alterations to 

11 be made or such additional appliances to be provided as may in his or 

12 its judgment be necessary for the protection of life and property in case 

13 of fire. 

1 Section 36. No such license shall be granted in any such city until bow^of"" ^^ 

2 the board of health thereof has certified that the building is provided 5'^§^"'4j4 s^ 

3 with a sufficient number of water closets and urinals and with good and 1904! 242', 

4 sufficient means ol ventilation; and the said board may from time to ^^ 

5 time require the licensee thoroughly to cleanse and disinfect all parts of "^"^ "^' 

6 said building and the furniture therein to the satisfaction of such board. 



1420 



LICENSES. 



[CH.A.P. 140. 



fsli^'414 § 5 Section 37. In every public lodging house a register shall be kept 1 

ITs'i*^' ''^ which shall be entered the name and address of each lodger, together 2 

with the time of his arrival and departiu-e, and such register shall at all 3 

™* ^' times be open to the inspection of the police. 4 



pu^poses'of Section 38. The keeper of every public lodging house shall at all 1 

]^94"^4iT § 6 times, when so required by any officer of the building department, of the 2 

1904,242, health department, or of the police department, give him free access to 3 

said house or any part thereof. 4 



i6, 8. 
Penalty, § 40, 



Penalty for 
keeping public 
lodging Louse 
without a 
license. 

1894, 414, § 7. 
1904, 242, 
§§ 7, 8. 



Section 39. Whoever keeps or holds himself out as keeping a public 1 

lodging house without being duly licensed as hereinbefore pro^•ided, and 2 

whoever is concerned or financially interested in any public lodging house, 3 

the keeper of which is not so licensed, shall be punished by a fine of not 4 

more than one hundred dollars. 5 



Penalty. 
1894, 414, 5 7. 
1904. 242. 



Section 40. Any keeper of a public lodging house who violates any 1 
provision of sections thirty-five to thirty-eight, inclusive, shall be punished 2 
bv a fine of one hundred dollars. 3 



Penalty for 

keeping 

unlicensed 

intelligence 

office. 

1848, 270, § 1. 

G. S. 88, § 23. 

1872, 237. 

P. S. 102, § 26. 

R. L. 102, § 23. 



intelligence offices. 

Section 41. Whoever, without a license therefor, establishes or 
keeps an intelligence office for the purpose of obtaining or giving in- 
formation concerning places of employment for domestics, servants or 
other laborers, except seamen, or for procuring or giving information 
concerning such persons for or to employers, or for procuring or giving 
information concerning employment in business, shall be punished by 
a fine of ten dollars for each day such office is so kept. 



Licenses for 
intelligence 
offices. 

1848, 270, § 2. 
G S. 88. § 24. 
187(1, 147, 
§§1.2. 
1880, 84. § 1. 
P. S 102, § 27 



Section 42. The licensing board in Boston, the license commission 1 

in Lowell, the aldermen in other cities and the selectmen in towns, may, 2 

for the purposes mentioned in the preceding section, grant licenses to 3 

suitable persons, subject to sections two hundred and two to two hun- 4 

dred and five, inclusive, and may revoke them at pleasm-e. 5 

R. L. 102, § 24. 1902, 187, S 5. 1906, 291, § 4. 1911, 645. 



Keeper not to 
receive money 
unless employ- 
ment is fur- 
nished. 
1894, 180, 5 I 
R. L. 102, § 25. 



Section 43. The keeper of an intelligence office shall not recei\e 1 

or accept any money from a person seeking employment through 2 

the agency of such office, unless employment of the kind demanded is 3 

furnished. 4 



Money to be 
refunded in 
certain cases. 
1894, 180, § 2. 
R. L. 102, § 26. 



Section 44. If a person who receives employment through the agency 1 

of an intelligence office is discharged by his employer within ten days 2 

after the time of entering upon such emplo\"ment, and such discharge 3 

is not caused by his inability, incompetence, refusal to perform the work 4 

required or other fault, the keeper of such intelligence office shall on de- 5 

mand refund to him five sixths of the amount paid to such keeper b\- the 6 

employer on account of such employment. 7 



Statutes to be 

Erinted on 
censes. 
1894, ISO, § 3. 
R. L. 102, 1 27. 



Section 45. City and town officers who are charged with the duty 1 

of granting licenses to keepers of intelligence offices shall cause sections 2 

forty-three to forty-six, inclusive, to be printed on every such license. 3 

They shall also cause to be prepared and shall furnish to each keeper of 4 



Ch.\.P. 140.] LICENSES. 1421 

5 a licensed intelligence office copies of said sections, printed upon card- 

6 board in type of a size not smaller than pica, and each licensee shall con- 

7 spicuously post three of said printed copies in each room occupied by 

8 him for the purpose of such intelligence office. 

1 Section 46. If a keeper of an intelligence office violates any pro- Penalty. 

2 vision of the three preceding sections, his license may be suspended or r. l; 102,' § 28. 

3 revoked by the Ucensing authorities mentioned in section forty-two and Jlg^M^als! 70. 

4 he shall be punished by a fine of not less than twenty-five nor more than 

5 fifty dollars. 

MISCELLANEOUS PROVISIONS. 

1 Section 47. No coflFee house, so called, or tea house or place of J"Xe^hJSIe3 

2 resort for refreshment where the principal business is or purports to }?\'|^' 

3 be the sale of coffee or tea as a beverage shall be maintained in any 

4 town which accepts tliis section, or has accepted corresponding pro- 

5 \asions of earlier laws, by a vote of a city council or by vote of a town at 

6 a town meeting, until a license therefor has been granted by the licensing 

7 authorities. The fee for the license shall be five dollars or such other 

8 sum as shall be fixed from time to time by the city coimcil or selectmen. 

9 Licenses issued hereunder shall expire on May first following the date 

10 of issue, and may be revoked at any time by the licensing authorities. 

11 Whoever violates this section shall be punished by a fine of not more 

12 than one hundi-ed dollars. 



1 Section 48. Whoever directly or indirectly accepts dr receives any Penalty for 

2 gratuity given to his employee for the checking of clothing shall be gratuit'y 

3 punished by a fine of not less than fiftj- dollars. wis. i49, § :. ^o employee 



ing 
given 



1 Section 49. The street commissioners and the police commissioner of i';fn";''^art7 

2 Boston, the aldermen of anv other citv, or the selectmen of anv town }-I9*j ?S0' Lk 

3 may, if in theii* opinion public convenience so requires, license any repu- 

4 table person, upon the payment of an annual license fee of not less than 

5 fifty dollars, to maintain a vehicle for the sale of food in such part of any 

6 public way and during such hours as they may designate, provided that 

7 public travel is not incommoded thereby. Any such license may be 

8 revoked by them at any time. 



1 Section 50. No license as aforesaid shall be granted to use any part Same subject^. 

2 of a highway the fee in which is not owned by the town unless 'the owners 

3 of the land abutting on that part of the way consent in ■RTiting to the 

4 granting of the license. 

1 Section 51. No. person shall practice manicuring or massage, or Manicuring, 

2 conduct an establishment for the giving of vapor baths for hire or reward, ""po^batL. 

3 or advertise or hold himself out as being engaged in the business of [HI', Uk 1 1. 

4 manicuring, massage or the giving of said baths without receiving a 

5 license therefor from the board of health of the town where the said 

6 occupation is to be carried on. The board of health may grant the license 

7 upon such terms and conditions, and may make such rules and regula- 

8 tions in regard to the carrying on of the occupation so licensed, as it 

9 deems proper, and may revoke any license granted by it for such cause 

10 as it deems sufficient, and without a hearing; provided, that a person 

11 licensed to massage or to conduct an establislmient for the giving of 



1422 



LICENSES. 



[Chap. 140. 



Officers may 
enter premises. 
1911, 443, § 2. 



Penalty. 
1911, 443, 



Licenses of 


junk dealers. 


etc. 






1839. 


53, 




§§1. 


2.4. 




G. S. 


88, 




§§2,5 


1.26. 




1862, 


205, 


§2 


1876. 


147, 




§§1, 


2 




ISSO, 


84. § 1. 


P. S. 


102, 




§§ 28, 30. 




R. L. 


102, 




§§29 


.31. 




1902, 


187, 




§§1. 


5. 




1910, 


554. 


§1. 


1911, 


645. 




1915, 


144, 


§1. 


1917, 


130. 




1918, 


291. 


§ 18. 


1S3 Mass. 


196. 


1S9 Mass. 


70. 


220 Mass. 


552. 


Penalty. 




1839, 


53. § 3. 


G. S. 


88, § 


•21. 


1862, 


205, 


§3. 


P. S. 


102, 


§31. 


R. L. 


102, 


§32. 


1902, 


187, 


§3. 


1910. 


5.54, 


§2. 


1918, 


291, 


§20. 


Junk collector. 


1862, 


205. 


§1. 


P.S. 


102, 


§29. 


1900, 


416, 


§3. 


R.L. 


102. 


§30. 


1902, 


187, 


§2. 


1910, 


193. 




License re- 


quired e-xcept 


in certain 




cases 






1919, 


259, 




§§1, 


14. 




Classes of 




licenses. 




1919, 


,259, 


.§2. 



vapor baths in any town may, at the request of a physician, attend 12 
patients in any otlier town in the commonwealth without taking out 13 
an additional license. 14 

Section 52. Members of the police department of any town may 1 
enter and inspect any premises in that town used for manicuring or 2 
massage or the giving of vapor baths. 3 



Section 53. ^^lioever violates any provision of section fifty-one, or 
any rule or regulation made under authority thereof, or prevents or 
hinders any member of a police force from exercising the authority con- 
ferred upon him by section fifty-two, shall be punished by a fine of not 
more than one hundred dollars or by imprisonment for not more than six 
months, or both. 



Section 54. Cities and towns by ordinance or by-law may pro\'ide 1 

for the hcensing, by the police commissioner in Boston, by the license 2 

commission in Lowell, by the aldermen in other cities and by the select- 3 

men in towns, of suitable persons to be collectors of, dealers in or keepers 4 

of shops for the purchase, sale or barter of jmik, old metals or second 5 

hand articles, may make rules and regulations relative to their business, 6 

anfl may proNide for the super\ision thereof. Said licensing board or 7 

officer may, except as other\use i3ro\ided in such ordinance or by-law, 8 

make additional rules, regulations and restrictions which shall be ex- 9 

pressed in all licenses. Said licenses may be revoked at pleasure, and 10 

shall be subject to sections two hundred and two to two hundred and 11 

five, inclusive, except that societies, associations or corporations organ- 12 

ized solely for reUgious or charitable purposes and their agents shall not 13 

be required to pay a fee for such licenses. 4 0p.A.G.633. 14 

Section 55. \Vhoever acts as a collector of, dealer in or keeper of a 1 

shop for the purchase, sale or barter of junk, old metals or second hand 2 

articles without a license, or in any other place or manner than that 3 

designated in his license or after notice to him that his license has been 4 

revoked, or violates any such rule, regulation or restriction, shall forfeit 5 

twenty dollars. 6 

Section 56. A junk collector shall be deemed to be any person who 1 

by going from place to place collects by purchase or otherwise junk, 2 

old metals or second hand articles, whether or not by previous contract 3 

or arrangement. isis. 291. § 19. is3 Mass. i96. 220 Mass. 552. 4 



SALE OF SECOND H.\ND MOTOR VEHICLES. 

Section 57. No person, except one whose principal business is the 1 

manufacture and sale of new motor vehicles but who incidentally acquires 2 

and sells second hand vehicles, shall engage in the business of buying, sell- 3 

ing, exchanging or assembling second hand motor vehicles or parts thereof 4 

without securing a license as provided in section fifty-nine. 5 

Section 58. Licenses granted under the following section shall be 1 

classified as follows: 2 

Class 1 . — Any person who is the recognized agent of a motor vehicle 3 

manufacturer, and whose principal business is the sale of new motor 4 



Chap. 140.] licenses. 1423 

5 vehicles, the sale of second hand motor vehicles being incidental thereto, 

6 may be granted an agent's license. 

7 Class 2. — Any person whose principal business is the buying and sell- 

8 ing of second hand motor vehicles may be granted a used car dealer's 

9 license. 

10 Class 3. — Any person whose principal business is the buying of 

1 1 second hand motor vehicles for the purpose of remodelling, taking apart 

12 or rebuilding the same, or the buying or selling of parts of second hand 

13 motor vehicles or tires, or the assembling of second hand motor vehicle 

14 parts may be granted a motor vehicle junk license. 

1 Section 59. The police commissioner in Boston and the licensing Licensing 

2 authorities in other cities and town.s may grant hcenses under this conte"trof 

3 section which shall expire on January first following the date of issue 'igig^ooo'.'^j 3: 

4 unless sooner revoked. The fees for the licenses shall be fixed by the Jj"' ^^ ^^'• 

5 licensing board or officer, but in no case shall exceed fifty dollars. The 

6 license shall specify all the premises to be occupied by the licensee for 

7 the purpose of carrying on the licensed business. Permits for a change 

8 of situation of the licensed premises or for additions thereto may be 

9 granted at any time by the licensing board or officer in writing, a copy 

10 of which shall be attached to the license. All licenses granted under 

1 1 tliis .section shall be revoked by the licensing board or officer if it appears, 

12 after hearing, that the hcensee is not compljing with sections fifty-seven 

13 to sixty-mne, inclusive, or the rules and regulations made thereunder; 

14 and no new license shall be granted to such person thereafter, nor to any 

15 person for use on the same premises, without the approval of the registrar 

16 of motor vehicles, in sections fifty-nine to sixty-six, inclusive, called the 

17 registrar. The hearing may be dispensed with if the registrar notifies 
IS the Ucensing board or officer that a licensee is not so compljing. 

1 Section 60. The registrar may from time to time make rules and Rules relative 

^ * ..... to purchase, 

2 regulations consistent \Mth sections fifty-se^•en to sixty-mne, mclusn'e, etc of^ second 

3 relative to the purchase, sale or exchange of second hand motor vehicles vehicles. 

4 or parts thereof. Such rules and regulations shall be subject to approval, § 12- 350. 

5 and shall take effect, in the manner pro^•ided by section six of chapter ^^ ^^^' "^■ 

6 sixteen. 

1 Section 61. All second hand motor vehicles or parts thereof pur- vehicles or 

2 chased or taken in exchange by any licensee under class two or three of Eept^o" four 

3 section fifty-eight, or left on the premises of any such licensee for the pur- jgg; 259, § 4. 

4 pose of sale, exchange or assembly, shall be retained on the premises for 

5 four days unless the licensee receives the notice provided for in section 

6 sixty-four. 

1 Section 62. Every licensee shall keep a book, in such form as shall ^lepT Record 

2 be approved by the registrar, in which, at the time of the purchase, sale, J^^^asg § g- 

3 exchange, or receipt for the purpose of sale, of any second hand motor aso, '§§ lii, 

4 vehicle or parts thereof, shall be legibly written in the English language 

5 an account and description of such motor vehicle or parts, with the 

6 name and address of the seller, of the purchaser, and of the alleged owner 

7 or other person from whom such motor vehicle or parts were purchased 

8 or received or to whom they were deli^'ered, as the case may be. Such 

9 description, in the case of motor vehicles, shall also include the engine 



1424 



LICENSES. 



[Ch.\p. 140. 



. number, if any, the maker's number, if any, chassis number, if any, and 10 
such other numbers or identification marks thereon as shall be required 11 
by the registrar, and shall also include a statement that a number has 12 
been obliterated, defaced or changed if such is the fact. 13 



Daily or 
weekly reports 
by licensees. 
1919. 259. § 9: 
350, H 111, 
115. 



Section 6-3. Every licensee under classes two or three of section 1 

fifty-eight shall send daily by mail to the registrar a list, on blanks pre- 2 

scribed by him, of the second hand motor vehicles or parts thereof pur- 3 

chased or sold by him or stored for the purpose of sale during the preced- 4 

ing twenty-four hoiu-s. A copy of such list shall also be sent daily in 5 

Boston to the poHce commissioner and in other cities and towns to the 6 

local chief of police. Every licensee imder class one shall send the said 7 

list weekly, covering a period of seven days. 8 



ruthorities Section 64. The police commissioner of Boston, the chief of police 

may waive the of anv Other citv, the selectmen of a town, or any officer authorized 

four (lavs re- ^ , '' * i» i • i 

quirement._ _ by them, and any agent or inspector oi the registrar may, by written 
notice, release any person licensed under section fifty-nine, or any per- 
son described in the following section, from retaining any second hand 
vehicle or part thereof for the period prescribed in section sixty-one or 
sixty-five. Upon receipt of such notice such licensee or person shall be 
deemed to have comphed \ntli said sections. 



1919,259, § 10; 
350, §1111. 
11.5. 



Notice of pro- 
posed sale re- 
quired by an 
unlicensed 
person. 

1919.259, § 11; 
350, §§111. 
115. 



Section 65. Any person not licensed under section fifty-nine, selling 
or offering to sell any motor \eliicle, except to a licensee under class 
one of section fifty-eight or a person exempted b>' section fifty-se^•en, shall, 
at least four days before such sale, notify in writing the registrar and the 
chief of police or selectmen in the city or town where the sale is to be 
made, or, if in Boston, the police commissioner, unless he has secured a 
release as provided in the preceding section. Such notice shall contain 
all the information required by law to be set forth in an application for 8 
the registration of motor vehicles in the commonwealth, with the names 9 
and addresses of the vendor and vendee. 10 



Police 
authorities 
may enter 
licensed 
premises. 
1919.259, § 5; 
350, §§ 111, 
115. 



Section 66. The police commissioner in Boston, the chief of police 
of any other city, the selectmen of a town or any police officer authorized 
by them, or an agent or inspector of the registrar may at any time enter 
upon any premises used by any person hcensed imder se<.-tion fifty-nine 
for the purpose of carrying on his licensed business, ascertain how he con- 
ducts the same, and examine all second hand motor vehicles or parts 
thereof kept or stored in or upon the premises, and all books, papers and 
inventories relating thereto. 



Penalty for 
refusal to 
allow entry, 

ig'i'g, 259, s 6. 



Section 67. A licensee under section fifty-nine, or a clerk, agent or 1 

other person in charge of the licensed premises, who refuses to admit 2 

thereto an officer authorized to enter the same, or who fails to exhibit to 3 

him on demand all such motor vehicles, parts thereof, and books, papers 4 

and inventories relating thereto, and any person who \\-ilfully hinders, 5 

obstructs or prevents such officer from entering the premises or from 6 

making the examination authorized in the preceding section, shall be 7 

punished by a fine of not more than two hundred dollars or by imprison- 8 

ment for not more than one year, or both. 9 



Chap. 140.] licenses. 1425 

1 Section 68. Whoever, not being licensed, carries on the business Penalty tor 

2 for wliich a hcense is required by section fifty-seven, or is concerned wittout 

3 therein, or, being Hcensed, carries on such business or is concerned therein isii^^g, § 7. 

4 in any other place or manner than that designated in his hcense, or after 

5 notice to liim that his hcense has been revoked or suspended, shall be 

6 punished by a fine of not more than one hundred dollars. 

1 Section 69. Whoever violates any provision of sections fifty-seven to Penalties for 

2 sixty-eight, inclusive, or any rule or regulation made by the registrar ruSJ! 

3 under section sixty, unless another penalty not including the revocation Mof'^'ni^.'^' 

4 of a license is prescribed in sections fifty-seven to sixty-eight, inclusi\'e, 'i^- 

5 shall be punished by a fine of not more than five hundred dollars or by 

6 imprisonment for not more than one year, or both. 

PAWNBROKERS. 

1 Section 70. The police commissioner of Boston, the license com- Licenses. 

2 mission of Lowell, the aldermen of any other city, or the selectmen of a.^tsi!^^^' 

3 any town, if ordinances or by-laws therefor have been adopted in such isTe^'m, 

4 city or town, may license suitable persons to carry on the business of \l^^ |^ ^ j 

5 pawnbrokers in such city or town, subject to sections two hundred and ^^gJi/^gO^' \'^^- 

6 two to two hundred and five, inclusive, and may revoke such Ucenses at R. l. 102! § 33. 

7 pleasure. 1902, is7, § 5. 1906. 291. § 10. i909, 221. 

1911, 645. 189 Mass. 70. 206 Mass. 430. 

1 Section 71. Articles deposited in pawn with a licensed pawnbroker PawBbrokers 

2 shall, unless redeemed, be retained by him on the premises occupied artuieslour 

3 by him for his business for at least four months after the date of deposit, isra, ioCli. 

4 if not of a perishable nature; and, if perishable, for at least one month fs^,324.^^^' 

5 after said date. After such date, he may sell the same by public auction, fg/^^^' \q^- 

6 apply the proceeds thereof in satisfaction of the debt or demand and the 

7 expense of the notice and sale, and pay any surplus to the person enti- 

8 tied thereto on demand. No article taken in pawn by such pawnbroker 

9 exceeding twenty-five dollars in value shall be disposed of otherwise 

10 than as above provided, any agreement or contract between the parties 

11 thereto to the contrary notwithstanding. Articles of personal apparel 

12 shall not be deemed to be of a perishable nature within the meaning of 

13 this section. 

1 Section 72. The authorities which issue such licenses may fix the Rate of 

2 rate of interest which such pawnbrokers may recei\'e on loans, and may be limited. 

3 fix diiTerent rates which may be received for difi'erent amounts of money p's.'io27§34, 

4 lent; and no licensed pawnbroker shall charge or receive a greater rate l*op'. a" g.^om. 

5 of interest than that so fixed. Any such pawnbroker who violates any 

6 provision of this or the preceding section shall be punished by a fine of 

7 not more than fifty dollars. 

1 Section 73. The chief of police of a city, the selectmen of a town, oiBaers may 

2 any officer authorized by either of them, or a state police officer may broiicra shop, 

3 at any time enter upon any premises used by a licensed pawnbroker for fsT?. iss, § i. 

4 the purposes of his business, ascertain how he conducts his business, igfs, 243.^ '^^' 

5 and examine all articles taken in pawn or kept or stored in or upon said ^- ^- 'o^. § 36. 

6 premises and all books and inventories relating thereto. Every such 

7 pawnbroker, his clerk, agent, servant or other person in charge of the 



1426 



LICENSES. 



[Chap. 140. 



premises shall exhibit to such officer on demand any or all of such articles, 8 
books and inventories. 9 



Penalty for 
refusing to 
admit officer. 
1877, 1S5, § 2. 
P. S. 102, § 36. 
R. L. 102, § 37. 



wSection 74. A licensed pawnbroker, clerk, agent or other person in 1 

charge of such premises who refuses to admit thereto an officer authorized 2 

to enter the same, or who fails to exhibit to him on demand all such 3 

articles, books and inventories, and any person who wilfully hinders, 4 

obstructs or prevents such officer from entering the premises or from 5 

making the examination authorized in the preceding section, shall be 6 

punished by a fine of not more than two hundred dollars or by imprison- 7 

ment for not more than one year, or both. 8 



Penalty for 
acting without 
license. 
1855, 121, 
§§3,4. 
G. S. 88, 
P. S. 102. 
R. L. 102, 



30. 
I 37. 
38. 



197 Mass. 107. 



Section 75. Whoever, not being licensed, carries on such business 1 

or is concerned therein within such town, or, being licensed, carries on 2 

such business or is concerned therein in any other place or manner than 3 

that designated in his license or after notice to him that his license has 4 

been revoked shall be punished by a fine of not more than fifty dollars. 5 



Loans on 
personal 
property 
regulated. 
1895, 497, § 1. 
R. L. 102, § 39. 
176 Mass. 290. 
206 Mass. 430. 

Penalty, § 82. 



Section 76. No person shall, in any city or in any town of ten 1 

thousand or more inhabitants, engage in or carry on the business of 2 

loaning money upon mortgages, deposits or pledges of wearing apparel, 3 

jewelry, ornaments, household goods or other personal property, or of 4 

purchasing such property on condition of selling it back again at a stip- 5 

ulated price, unless he is licensed as a pawnbroker; but this and the six 6 

following sections shall apply only if such property is deposited with the 7 

lender, and shall not apply to loans made upon stock, bonds, notes or 8 

other written evidences of ownership of property or of indebtedness to 9 

the holder or owner of any such securities. 10 



Fee for license. 
1895, 497. § 2. 
R. L. 102, § 40. 
1905, 415. 



Section 77. The fee for a license as a pawnbroker or renewal thereof 1 

shall be fifty dollars, but if a license is issued on or after November first 2 

in any year the fee shall be twentj--five dollars. The licensee shall, at 3 

the time of ^ecei^•ing such license, file with the authorities who issue the 4 

license a bond to such city or town, in the sum of three hundred dollars, 5 

with two sureties approved by such authorities, and conditioned for the 6 

faithful performance of the duties and obligations pertaining to the 7 

business so licensed. 8 



Regulations. 
1895, 497, § 3. 
R. L. 102, S41. 
1911,727. §21. 
4 Op. A. G. 562. 

Penalty, § 82. 



Section 78. The authorities who grant licenses to pawnbrokers 1 

shall establish regulations, to the satisfaction of the commissioner of 2 

banks, relative to the business carried on and the rate of interest to be 3 

charged by them, and a pawnbroker shall not charge or receive upon any 4 

loan a greater rate of interest than that fixed by the licensing authorities. 5 



Pawnbrokers 
to keen record 
of pledges, etc. 
1895, 497, § 4. 
R. L. 102, § 42. 
1907, 211, § 1. 
197 Mass. 218. 

Penalty, § 82. 



Section 79. Every pawnbroker shall keep a book in which, at the 1 

time of making a loan, shall be legibly written in the English language 2 

an account and description, including all distinguishing marks and 3 

munbers, of the articles pawned, the amount of money loaned thereon, 4 

the time of pawning them, the rate of interest to be paid on such loan, 5 

and the name and residence of the person pawning such articles, and 6 

shall furnish a correct record of such transactions, containing all such 7 

information, once a week, or oftener if required, to the licensing authori- 8 

ties or to any person designated by them. 9 



Chap. 140.] licenses. 1427 

1 Section 80. Every such pawnbroker shall, at the time of making Memorandum 

2 such loan, deliver to the person who pawns any article a memorandum i895f497r§ 5. 

3 or note signed by him and containing the substance of the entry required 197 Ma°i'. o*!.' 

4 by the preceding section. No charge shall be made or required by any Penaity_ 5 52. 

5 pawnbroker for such entry, memorandum or note. 

1 Section 81. Said book shall at all reasonable times be open to the Books to be 

2 inspection of the mayor, of the members of the board of police, of the spection^" 

3 superintendent of police and deputy superintendents, of the chief inspector {Us. sis! ^' 

4 of police, of anj' officer of the state police or of any person authorized by ^- ^- ^°^' ^ **■ 

5 them in writing for that purpose who exhibits such written authority to Penalty, § 82. 

6 such pawnbroker. 

1 Section 82. Whoever violates any provision of the six preceding Penaity_ 

2 sections shall be punished by a fine of not less than fifty nor more than r. l. 102! § 45. 

3 three hundred dollars or by imprisonment for not more than two months, 

4 or both. 

1 Section 83. When a licensed pawnbroker buys or takes in pawn any Record of 

2 tool such as is used by contractors, builders or mechanics, he shall enter o"toois, et?.^ 

3 in a book kept for that purpose a description of the same and the amount ^^°^' °°°' ^ ^' 

4 paid for or loaned upon the same, and shall cause the person offering such 

5 tool for sale or for pawn to sign his name and address therein. The 

6 pawnbroker shall also write therein the name and address of the said 

7 person. 

1 Section 84. Any person thus offering any tool for pawn or for sale Penalty. 

2 who signs a wrong name or address shall be punished by a fine of not 

3 more than one hundred dollars or by imprisonment for not more than 

4 six months. Any pawnbroker who kno^^^ngly writes the wrong name 

5 or address of a person thus offering a tool for sale or for pawn, or knowingly 

6 permits the signing of such wrong name or address, shall be fined one 

7 hundred dollars for the first offence, and upon a second offence his 

8 license shall be revoked, and he shall not be permitted to conduct the 

9 business of pawnbroker in the commonwealth for one year. 

1 Section 85. The provisions of sections eighty-six to one hundred and ofP^enaiif" 

2 twelve, inclusive, shall not apply to licensed pawnbrokers. sections. 

1890, 410, §§ 1, 6. 1892, 428, §6. 1898, 677, § U- R. L. 102, § 46. 

LOANS. 

1 Section 86. Every person who is engaged in the business of making Loans on 

2 loans on collateral security represented by household goods, wearing se'urit.v'of 

3 apparel, watches, diamonds, jewelry or other articles of personal use or g°ojs''e'tc. 

4 ornament, or on notes secured by pledge or mortgage of any such prop- ^f""'!""' 

5 erty, and with whom such property is deposited, or who purchases such f.hP-- li^- 

6 property on condition of selling it back again at a stipulated price, or 

7 who pays or advances money thereon under such circumstances that 

8 it may be inferred from the character of the transaction that such prop- 

9 erty may afterward be redeemed, shall keep a book in which, for the 

10 purpose of identification, shall be recorded at the time of each loan or 

11 transaction a full and accurate description of the articles pledged or 



1428 



LICENSES. 



[Ch.\p. 140. 



deposited, with any designating numbers or marks and also the name 12 
and residence of the borrower or depositor, and each transaction shall be 1.3 
specifically numbered in said book. He shall also give to each borrower 14 
or depositor a receipt, ticket or card, numbered to correspond with the 1.5 
number of the transaction on said book, inscribed with the name of the 16 
lender, the article pledged, the description of the property as above 17 
required, the name of the borrower or depositor, the amount of the loan, 18 
the date when made and the date when payable. 19 



Record book 
to be open to 
inspection. 
1890,4] ft. § 3. 
R. L. 102. §4S. 
1906,291, § 10. 



Section 87. Said book shall at all times be open to the inspection 1 

of the police commissioner and of the superintendent and chief inspector 2 

of police of Boston, of the commissioner of public safety, and of the 3 

chief of police and selectmen of their respective cities or towns, or of an 4 

officer specially authorized by any of them in A\Titing for that purpose, who 5 

exhibits such written authority; and the property described in said book 6 

shall on demand be exhibited to said officers. 7 



When articles SECTION 88. If it appears to anv of the officers mentioned in the 1 

pledged are to . "^ '^ . , i '• i i i i i i 

be retained. prcccdmg scctiou that any articles which have been pledged under section 2 

R. l! 102! § 49. eighty-six have been stolen, he may give written notice to the pledgee to 3 

hold such articles, and they shall thereafter be held by the pledgee for 4 

sixty days unless said notice shall be recalled in writing by the officer 5 

gi\ing it, and be subject to inspection and examination at all reasonable 6 

times; and they shall be produced, upon notice or summons by the district 7 

attorney or other prosecuting officer, before any court or grand jury if 8 

the question of the larceny of the same is under in^■estigation, and said 9 

pledgee shall not be liable in damages or otherwise on account of such 10 



detention. 



11 



Penalty for 
refusing 
inspection, etc. 
1890,410, § 4. 
R. L. 102, § 50. 



Section 89. Every person engaged in the business mentioned in 1 

section eighty-six, his agent or other person in charge thereof, who fails 2 

or refuses to allow the inspection of the book, or who wilfully hinders, 3 

obstructs or prevents said officers from inspecting the book or examining 4 

the property as provided in section eighty-seven, or who wilfully violates 5 

any other pro\"ision of the three preceding sections, shall be punished by a 6 

fine of not more than two hundred dollars or by imprisonment for not 7 

more than one year, or both. 8 



Loans of less 
than one 
thousand 
dollars. 
1888, 388. 
1892, 428. § 1. 
R. L. 102, § 51. 
148 Mass. 231. 
160 Mass. 237. 
163 Mass. 322. 
163 Mass. 258. 
170 Mass. 517. 
208 Mass. 84. 
211 Mass. 72. 
217 Mass. 144. 



Section 90. A loan of less than one thousand dollars shall be dis- 1 
charged upon payment or tender by the debtor of the principal sum 2 
actually borrowed, with interest at the rate of eighteen per cent per 3 
annum from the time said money was borrowed, and a sum not exceeding 4 
five dollars for the actual expenses of making and securing the loan; but 5 
the lender shall be entitled to interest for six months at said rate if the 6 
debt is paid before the expiration of that period. All payments in excess 7 
of said rate shall be applied to the discharge of the principal, and the 8 
borrower shall be obliged to pay or tender only the balance of the principal 9 
and interest, at said rate, due after such application. This section shall 10 
not affect any loan made at a less rate than eighteen per cent per annum, 11 
nor shall it affect so much of section three of chapter one hundred and 12 
seven as provides that if there is no agreement for a different rate the 13 
interest of money shall be at the rate of sLx dollars upon each hundred 14 
dollars for a year. 15 



Chap. 140.] licenses. 1429 

1 Section- 91. If a loan of less than one thousand dollars is secured Loans secured 

2 by a mortgage or pledge of personal property, the mortgagee or pledgee is92, 428,' § 2/ 

3 shall discharge such mortgage and restore such pledge upon payment t7o Mass', si?.' 

4 or tender to him of the amount legally due under the preceding section, '°^ '^'''''^ ^*' 

5 and such payment or tender may be made by the debtor or by a person 

6 having an interest in the property mortgaged or pledged. 

1 Section 92. A mortgage of household furniture on which interest Loan on 

2 is charged at the rate of eighteen per cent or more per annum, made to household 

3 secure a loan of less than one thousand dollars, shall not be valid unless 1892' 42s, § 3. 

4 it states with substantial accuracy the amount of the loan, the time for fds^iTss'. lo^i*' 

5 which the loan is made, the rate of interest to be paid, and the actual \g1 ^{m- '^? 

6 expense of making and securing the loan, nor unless it contains a pro\-ision i^* Mass. 315. 

7 that the debtor shall be notified, in the manner provided in section five 

8 of chapter two hundred and fifty-five, of the time and place of any sale 

9 to be made in foreclosure proceedings at least seven days before such 
10 sale. 

1 Section 93. A notice of intention to foreclose a mortgage of per- Notice to 

2 sonal property given to secure loans of less than one thousand dollars, i'802,'428, § t. 

3 under sections five and eight of chapter two hundred and fifty-five, shall 23/'m°ss'. I57.' 

4 not be \'alid unless it expressly states where such notice is to be recorded, 

5 and that the right of redemption will be foreclosed sixty days after such 

6 recording. 

1 Section 94. Whoever refuses or neglects, after request, to discharge Liability for 

2 a mortgage or to restore the property held as a pledge, as provided in discharge 

3 section ninety-one, shall be liable in tort to the borrower for all damages ™892.*|28! § 5. 

4 resulting to him from any violation of said section. R l. 102, § 55. 

1 Section 95. The five preceding sections shall not apply to any loan Application of 

2 of three hundred dollars or less made by a person who holds a license seclioIS^^ '°^ 

3 under sections ninety-six to one hundred and thirteen, inclusive, nor af- Jig"; til'. | a. 

4 feet section seventy-two of this chapter or section four of chapter two ^^l' HI] | Ig 

5 hundred and fifty-five. 

1 Section 96. No person shall directly or indirectly engage in the Licenses for 

2 business of making loans of three hundred dollars or less, if the amount nmk"iirsniaii 

3 to be paid on any such loan for interest and expenses exceeds in the Iggs! 577, s 1. 

4 aggregate an amount equivalent to twelve per cent per annum upon the f^^- ,;q|' | j ''• 

5 sum loaned, without first obtaining from the commissioner of banks, JgJi'OTg'l?' 

6 in sections ninety-six to one hundred and fourteen, inclusi\'e, called the wiai 347! § T. 

_ . . ',. ^ , • 1 1 • • ji j_ 1 176 Mass. 19. 

7 commissioner, a license to carry on the said business in the town where 223 Mass. 311. 

8 the business is to be transacted. When an application for a loan or for """ ' '^^ 

9 an endorsement or guarantee or for the purchase of a note is made by ^<'°"">'' 5 103. 

10 any person within this commonwealth, and the money is advanced or the 

11 endorsement or guarantee is made or furnished by any person without 

12 this commonwealth, the transaction shall be deemed a loan made within 

13 this commonwealth, and such a loan and the parties making it shall be 

14 subject to sections ninety-six to one hundred and thirteen, inclusive. The 

15 buying or endorsing of notes or the furnishing of guarantee or security for 
IG compensation shall be considered to be engaging in the business of making 

17 small loans within said sections. In prosecutions under said sections, 

18 the amount to be paid upon any loan of three hundred dollars or less for 



1430 



LICENSES. 



[Chap. 140. 



Regulations. 
Investigations. 
1S98, 577, § 5. 
R. L. 102, § 01. 
1908, 605. § 2. 
1911, 727, S 4. 
1919, 350, § 49. 

Penalty, § 103. 



interest or expenses shall include all sums paid or to be paid by or on be- 19 
half of the borrower for interest, brokerage, recording fees, commissions, 20 
services, extension of loan, forbearance to enforce payment, and all other 21 
sums charged against or paid or to be paid by the borrower for making or 22 
securing directly or indirectly the loan, and shall include all such sums 23 
when paid by or on behalf of or charged against the borrower for or on 24 
account of making or securing the loan, directly or indirectly, to or by 25 
any person, otlier than the lender, if such payment or charge was known 26 
to the lender at the time of making the loan, or might ha\'e been ascer- 27 
tained by reasonable inquiry. Any person directly or indirectly engag- 28 
ing in the business of negotiating, arranging, aiding or assisting the bor- 29 
rower or lender' in procming or making loans of three hundred dollars or 30 
less, for which the amount paid or to be paid for interest and expenses, 31 
including all amounts paid or to be paid to any other party therefor, 32 
exceeds in the aggregate an amount equivalent to twelve per cent per 33 
annum, whether such loans are actually made by such person or by an- 34 
other party, shall be deemed to be engaged in the business of making 35 
small loans, and shall be subject to sections ninety-six to one hundred 36 
and twelve, inclusive. 37 

Section 97. The commissioner shall from time to time establish 1 

regulations respecting the granting of licenses and the business carried 2 

on by the licensees, and by loan companies and associations established 3 

by special charter. He shall either personally or by such assistants as 4 

he may designate, at least once a year and oftener if he deems it neces- 5 

sary, investigate the affairs of such licensees, companies and associations, 6 

and for that purpose shall have free access to the vaults, books and 7 

papers thereof, and shall ascertain the condition of the business and 8 

whether it has been transacted in compliance with the law and the regu- 9 

lations made hereunder. The commissioner may cause an examination 10 

of the said books and business to be made by an accountant whom he 11 

may select, and the cost of any such examination shall be paid b\' the 12 

person whose books are so examined. 13 



Returns to 
commissioner. 

1911, 727, 
5§ 1, 5. 

1912, 675, I 1. 

Penalty, § 103. 



Examination 
of licensees. 
1911,727, §6. 



Section 98. All persons required by sections ninety-six to one hun- 
dred and fourteen, inclusiA'c, to be under the supervision of the com- 
hiissioner shall annually on November first make a return to him in 
the form of a trial balance of theh books at the close of business on 
September thhtieth preceding, and shall specify the different kinds of 
liabilities and the different kinds of assets, ^\•ith such other mformation 
as may be called for by the commissioner in accordance with a blank form 
to be furnished by him. The commissioner shall make an annual report 
and shall forward therewith a copy of such returns or so much thereof 
as he may deem necessary. 

Section 99. The commissioner may summon said licensees, com- 
panies or associations, or any of their agents or employees, and such 
other witnesses as he deems necessary, and examine them relative to 
their transactions and to the condition of their business, and for that 
purpose may administer oaths. Whoever without justifiable cause re- 
fuses to appear and testify when so required, or obstructs the commis- 
sioner or his representatives in the performance of their duties, shall be 
punished by a fine of not more than five hundred dollars or by impris- 
onment for not more than six months, or both. 



1 
2 
3 

4 
5 
6 
7 
8 
9 
10 

1 
2 

o 
O 

4 
5 
6 

7 
8 
9 



Ch.\P. 140.] LICENSES. 1431 

1 Section 100. He shall establish tlie rate of interest to be collected, ?^!*^ °[ 

interest, 

2 and in fixing said rate shall have due regard to the amount of the loan, isas. 577. § s. 

3 and the nature of the security, and the time for which the loan is made; i90s,'605,' §2.' 

4 but the total amount to be paid on any loan for interest and expenses 1916! 224! ^ ' 

5 shall not in the aggregate exceed an amount equi\-alent to three per cent penalty, § 10a 

6 a month on the amount actually received by the borrower, computed 

7 on unpaid balances; and no licensee or company or association to which 

8 sections ninety-six to one hundred and twelve, inclusive, apply shall 

9 charge or recei\'e upon any loan a greater rate of interest than that fixed 

10 by the commissioner. No charge, bonus, fee, expense or demand of any 

11 nature whatsoever, except as above provided, shall be made upon loans 

12 to which said sections relate. , 

1 Section 101. Licenses granted by the commissioner sli^ll be for Term and 

2 a period of one year from October first. Each license shall plainly state ikeSse. 

3 the name of the licensee, and the city or town, with the name of the street, i9n'"727, § g. 

4 and the nimiber, if any, of the place where the business is to be carried 

5 on, and shall be posted in a conspicuous place in the office where the 

6 business is transacted. 

1 Section 102. The fee for all licenses granted under section ninety- Fees. 

2 six shall be not less than one hundred dollars. If the licensee desires ^^^^' ^''^^^ 

3 to carry on business at more than one place he shall procure a license 

4 for each place where the business is to be conducted. 

1 Section 103. Anv person violating anv provision of sections ninety- Pemity for 

. . . , . • ,^ . , 1 'i 1 1 • violation of 

2 six to ninety-eight, inclusive, and one hundred to one hundred and nine, }?«• by 

3 inclusive, or any regulation made thereunder, or any rule or order made isqs, 577. § 10. 

4 by the commissioner, shall be subject to a fine of not more than fiAe wo». ml'. 

5 hundred dollars, and the license may be suspended or revoked by the iIh.t^?, § 10. 

6 commissioner. Any loan upon which a greater rate of interest or expense 223^Ma^ffi'. Ii^i. 

7 is charged or received than is allowed by sections ninety-six to one hun- 

8 dred and eleven, inclusive, and the regulations made thereunder, may be 

9 declared \'oid by the supreme judicial or superior court in equity upon 
10 petition by the person to whom the loan was made. 

1 Section 104. A license under section ninety-six shall not be granted Conditions of 

2 until the applicant has filed with the commissioner a statement on license. 

3 oath, which in the case of a corporation or association may be made by n^t. 102'. § ss. 

4 the president or agent thereof in charge of the business, stating the place '^^'' ^""' ^ ^'' 

5 in the town where tlie business is to be carried on, the name and the Pe'^a'ty, § 103. 

6 private and business address of the applicant, and in the case of a cor- 

7 poration the state under the laws of which it is organized, and the name 

8 and private address of the clerk or secretary and of the agent or other 

9 officer haxing charge of its proposed business, nor until the applicant, 

10 unless excused by the commissioner, files with him a power of attorney, 

11 appointing a person satisfactory to the commissioner to be his attorney, 

12 upon whom all lawful process may be served in any action or proceeding 

13 arising under sections ninety-six to one hundred and twelve, inclusive, 

14 with the same effect as if served upon the licensee. If any change occurs 

15 in the name or address of a licensee or of the clerk, secretary or agent afore- 

16 said of any licensed corporation, or in the place where the licensed busi- 



1432 



LICENSES. 



[Chap. 140. 



ness is carried on, or in the membership of anj' partnership licensed under 17 

said sections, a true and full statement of such change, sworn to in the 18 

manner required by this section in the case of the original statement, 19 

shall forthwith be filed with the commissioner, who may after a hearing 20 

revoke the license. 21 



Bond. 

1898, 577, § 3. 
E. L. 102. § 59. 
1911, 727, 5 12. 



Section 105. No license shall be issued under section ninety-six until 1 
the licensee gives to the state treasurer a bond in the sum of fi\"e thousand 2 
dollars, executed by the licensee and by a surety company appro\'ed by 3 
the commissioner, conditioned upon the faithful performance by the 4 
licensee of the duties and obligations pertainmg to the business so licensed 5 
and the prompt payment of any judgment recovered against him or for 6 
which he may be liable under sections ninety-six to one hundred and 7 
eleven, inclusive, but no suit at law or in equity shall be begun against 8 
the sureties on such a bond within thirty days after judgment against 9 
the licensee. If in any case at law or in equity against the licensee un- 10 
der sections ninety-six to one hundred and eleven, inclusive, it appears 11 
that the plaintiff is entitled to judgment or decree, except for proceedings 12 
m bankruptcy or insolvency, or the discharge therein of the licensee, the 13 
court may at any time, on motion, enter a special judgment or decree 14 
for the plaintiff for the amount of his debt, damages and costs, or for 15 
such other relief as he may be entitled to; and the said bond shall be 16 
conditioned upon the payment of any such special judgment and upon 17 
compliance with any such decree. Whoever is aggrieved by a breach of 18 
the condition of such a bond may sue thereon at his own expense and 19 
in his own behalf, but in the name of the obligee; and if judgment shall 20 
be entered for the defendant for costs, execution therefor shall issue 21 
against the person for whose benefit the suit is brought, as if he were 22 
the plaintiff of record, but not against the obligee. In such a suit like 23 
proceedings shall be had as in a suit by a creditor on an administration 24 
bond. The commissioner may at any time require the licensee to file 25 
an additional bond of like nature and with like effect, and to give full 26 
information as to all judgments recovered or suits pending on his bond. 27 
Upon failiire to file any bond so required, the license shall be revoked. 28 



Recovery of 
iUegat interest. 



1911. 727, § 13 

1912. 675, § 4 
223 Mass. 311 



Section 106. If a greater rate of interest or amount for expenses 1 
R^L io2'|g'' *-^^" '^ allowed under sections ninety-six to one hundred and eleven, in- 2 
elusive, has been paid on any loan to which said sections apply, the person 3 
who paid it may file a complaint with the commissioner, who may, after 4 
a hearing, order such excess amounts refunded, or may make such other 5 
order as he may deem necessary. The filing of the complaint and the 6 
decision of the commissioner shall not affect the right of the complainant 7 
under section one hundred and three, who may, in an action of contract 8 
or suit in equity, recover back the amount of the unlawful interest or 9 
expenses, with twice the legal costs, if such action or suit is brought within 10 
two years after the time of payment. 11 



as°ec^y'*'" Section 107. If a loau to which sections ninety-six to one hundred 
piymTnt^f"' ^""^ clcven, inclusivc, apply is secured by a mortgage or pledge of per- 
1898 577 « 7 ^'^"''^' property or by an assignment of wages, the mortgage shall be dis- 
R. l'. 102'. §63. charged, the pledge restored or the assignment released upon payment or 
' tender of the amount legally due under said sections; and such payment 
Penalty, § 103. ^j. ^gjj^jgp jjj^y {jg made by the debtor, by any person duly authorized by 



Chap. 140.] licenses. 1433 

7 him, or by any person having an interest in the property mortgaged or 
S pledged or in the wages assigned. Whoever refuses or neglects, upon 
9 request, to discharge a mortgage, release an assignment or restore a 

10 pledge to the party entitled to receive the same, after payment of the 

11 tlebt secured thereby or the tender of the amount due thereon as afore- 

12 said, shall be liable in tort to the borrower for all damages thereby sus- 

13 tained by him. 

1 Section 108. A mortgage or pledge of personal property, or an assign- validity of 

2 ment of or order for wages or salary to which sections ninety-six to one Tms^lii. § I'. 

3 hundred and eleven, inclusive, apply, shall not be valid unless it states f^^- 727,' i 15! 

4 with substantial accuracy the actual amount of the loan, the time for pg^^^y ^ jos 

5 which the loan is made, the rate of interest to be paid, and the expense of 

6 making and securing the loan, if any; nor miless it contains a provision 

7 that the debtor shall be notified, in the manner provided in section five 

8 of chapter two hundred and fifty-five, of the time and place of any sale 

9 to be made in foreclosure proceedings at least seven days before such 

10 sale. A notice of intention to foreclose under the provisions of section 

11 five or section eight of chapter two hundred and fifty-five shall not be 

12 valid in such a case unless it expressly states where such notice is to be 

13 recorded, and that the right of redemption will be foreclosed sixty days 

14 after such recording. At any time after twenty days from the date of 

15 any such mortgage, if the same has not been recorded the holder thereof 

16 shall forthwith, on demand and payment or tender of one dollar, give to 

17 the mortgagor or any person interested in the mortgaged property a 
IS copy of the mortgage and of the note or other obligation secured thereby, 
19 which such holder shall certify to be a true copy thereof. 

1 Section 109. If a payment is made on account of a loan to which sec- Receipt for 

2 tions ninety-six to one hundred and eleven, inclusive, apply, the person i'89S,''577?r9. 

3 who receives the payment, or his pnncipal, shall, when the payment is {ga; 727,' | le! 

4 taken, give to the person paying a receipt setting forth the amount then 

5 paid and the amount previously paid, and identifying the loan, note, 

6 mortgage or assignment to which it is to be applied. 



Penalty, § 103. 



•J25 Mass. 448. 



1 Section 110. Whoever, not being duly licensed as provided in sec- Penalty for 

2 tion ninety-six, on his own account or on account of any other person not Sheens™.' 

3 so licensed, engages in or carries on, directly or indirectly, either sepa- jj^^f' 102, | m. 

4 rately or in connection with or as a part of any other business, the business }g}',; y^^; 1 1''- 

5 of making loans or buying notes or furnishing endorsements or guarantees, {^g^j'^^gg' \^' 

6 to which sections ninety-six to one hundred and eleven, inclusive, apply, 218 Mass. 306. 

7 shall be punisJied by a fine of not more than five hundred dollars or by 223 Mass. 311! 

8 imprisonment for not more than two months, or both. Any loan made 

9 or note purchased or endorsement or guarantee furnished by an un- 

10 licensed person in violation of said sections shall be void. In prosecutions 

11 under said sections the fact that the defendant has made or assisted in 

12 the making of two or more loans of three hundred dollars or less, upon 

13 which there has directly or indirectly been paid or charged, for interest, 

14 brokerage, recording fees, commissions, services, extension of loan, for- 

15 bearance to enforce payment or other expenses, a sum which exceeds in 

16 the aggregate an amount equivalent to twelve per cent per annum upon 

17 the amount actually received by the borrower, whether such sum has been 

18 paid to or charged by the defendant or paid to or charged by any other 



1434 



LICENSES. 



[ClL\P. 140. 



person, shall be prima facie evidence that the defendant has engaged in 19 
and carried on the business of making loans to which sections ninety-six 20 
to one hundred and twelve, inclusive, apply. 21 



Section 111. Sections ninety-six to one hundred and eleven, inclu- 



Law as to rate 
of interest in 

agreement not sive, shall not affcct SO much of section three of chapter one hundred and 
ifgs'sy? § u seven as provides that, if there is no agreement for a different rate, the 
fan -2-' t IS ^^^terest on money shall be at the rate of six dollars upon each one hun- 
dred dollars for a year. 



°at"poUce, Section 112. The state police and the police of the cities or towns 1 

«*<= - shall carry out the directions of the commissioner in enforcing sections 2 

ninety-six to one hundred and thirteen, inclusive, and any regulations 3 

made by him. 4 



1911, 727, § 2. 



S'ay^be"d?? SECTION 113. Rctums made to the commissioner under section 1 

me^m ninety-eight may be destroyed or disposed of by his order after the lapse 2 

of three years from the date of their receipt, and any proceeds received 3 

in the course of their disposal shall be paid to the commonwealth. 4 



Certain 
associations 
need not pro- 
cure licenses. 
1899, 261. 
R. L. 102, § 6S. 
1909, 27S, § 1. 
1911, 727, § 19. 



Section 114. Loan companies and loan associations established 1 

by special charter, and fraternal mutual benefit societies the member- 2 

ship of which is limited to the employees of any one person and which 3 

make loans to its members only, shall be subject to the supervision of the 4 

commissioner, but need not procure a license. 5 



Licenses. 

1845. 197, §1 1. 

5. 10. 

1S4B, 96, 

§§ 1, 3. 

G. S. 88, §§ 33, 

34. 

P. S. 102, §§ 40, 

41. 

R. L. 102, § 73. 

1 Allen, 137. 

140 Mass. 106, 

109, 594. 

160 Mass. 391. 

175 Mass. 357. 



STEAM ENGINES AND FURNACES. 

Section 115. A furnace for melting iron or making glass, or a sta- 1 
tionary steam engine for use in a mill for planing or sa'u'ing boards or 2 
turning wood or in which other fuel than coal is used to create steam, 3 
shall not be erected or put up to be used in a town which accepts this 4 
and the two following sections or has accepted corresponding provisions 5 
of earlier laws, unless the aldermen or selectmen thereof ha\'e granted a 6 
license therefor, prescribing the place where the building shall be erected 7 
in which the steam engine or furnace is to be used and the materials and 8 
construction thereof, and have made such regulations as to the Jieight 9 
of flues and protection against fire as they deem necessary for the safety 10 
of the neighborhood. Such license may be granted on a written appli- 11 
cation, and shall be recorded in the town records. The aldermen or select- 12 
men shall assign a time and place for a hearing upon such application, and 13 
cause at least fourteen days' public notice thereof to be gi\"en, at the ex- 14 
pense of the applicant, in such manner as they may order. 15 



Changes in 

furnaces, etc., 

erected before 

acceptance 

of law. 

1845, 197, §§ 2, 

10. 

G. S. 88, § 35. 

P. S. 102. §42. 

R. L. 102, § 74. 



Section 116. In a town which accepts this section or has accepted 1 

corresponding provisions of earlier laws, the aldermen or the selectmen, 2 

after due notice in writing to the owner of such steam engine or furnace, 3 

except for making glass, erected or in use therein before the time of 4 

such acceptance and a hearing, may adjudge it to be dangerous or a 5 

nuisance to the neighborhood, and make and record an order prescribing 6 

such rules, restrictions and alterations as to the building in which it is 7 

constructed or used, the construction and height of its smoke flues, and 8 

such other regulations as they deem necessary for the safety of the neigh- 9 

borhood; and the town clerk shall deliver a copy of such order to a con- 10 



Chap. 140.] licenses. 1435 

11 stable, who shall serve on the owner an attested copy thereof, and make 

12 return of his doings thereon to said clerk within three days after the de- 

13 livery thereof to him. 

1 Section 117. An owner of a steam engine or furnace who is aggrieved fsTs^^ig? 

2 by such order may have the remedy prescribed by section two of chap- |,5 |-|g ^^ 36- 

3 ter one hundred and thirty-nine. The superior court, on granting the 39. 

4 application for a jury, may issue an injunction restraining the further p. s.'io2.' 

5 use of such engine or furnace until the final determination of the n. h'loi, § 75. 

6 application. 

1 Section 118. In a town which accepts this section or has accepted stationary 

2 corresponding provisions of earlier laws, a stationary engine, propelled 1862, 74. 

3 by steam or other motive power, shall not be erected or put up for use i^. s! 102. § 47. 

4 within five hundred feet of a dwelling house or public building unless a f4o^Mlss.' m' 

5 license therefor has been first granted and recorded in the manner pro- "^' 

6 vided in section one hundred and fifteen. 

1 Section 119. An engine or furnace erected or used contrary to sec- Furnaces, 

2 tion one hundred and fifteen, one hundred and sixteen or one hundred Ifec'ted'^OT"*^ 

3 and eighteen shall be deemed a common nuisance; and the aldermen nuisances. 

4 or selectmen may remove the same in the same manner as boards of l^\^g ^^~' ^^ ^' 

5 health may remove nuisances under sections one hundred and twenty- Jf*|'|®' 

6 three to one hundred and twenty-five, inclusive, of chapter one hundred g. s'. 88, § 40. 

7 and eleven. 1862, 74, § 2. p. s. 102, § 4s. r. l. 102. § 77 

1 Section 120. All the powers and duties imposed by the five preced- ofP^^e"''"" 

2 ing sections on aldermen, selectmen or town clerks shall be exercised by preceding 

3 the state fire marshal in the cities and towns of the metropolitan fire lau, 795, § 5. 

4 prevention district as described in section twenty-eight of chapter one 

5 hundred and forty-eight. 

SALE OF firearms. 

1 Section 121. In sections one hundred and twenty-two to one hun- Definitions. 

2 dred and twenty-nine, inclusive, "firearms" includes a pistol, revolver or Jj'^' *®^' ^^ '" 

3 other weapon of any description, loaded or imloaded, from which a shot or 

4 bullet can be discharged and of which the length of barrel, not including 

5 any revolving, detachable or magazine breech, does not exceed twelve 

6 inches; and "licensing board" means the city councils of cities and 

7 the selectmen of towns. Said sections shall not apply to antique fire- 

8 arms incapable of use as firearms nor to sales of firearms at wholesale. 

1 Section -122. The licensing board in any town may, in its discretion, Licenses 

2 grant licenses to persons to sell, rent or lease firearms. Every such license ^^"' '*^^' ^ ^' 

3 shall specify the street and number, if any, of the building where the 

4 business is to be carried on, and the license shall not protect a licensee 

5 who carries on his business in any other place. 

1 Section 123. The license shall be ex-pressed to be and shall be sub- Conditions of 

2 ject to the following conditions: First, That the provisions, in regard i9i™495, §4. 

3 to the nature of the license and the building in which the business may 

4 be carried on under it shall be strictly adhered to. Second, That every 

5 licensee shall before deliverv of a firearm make or cause to be made a true 



1436 



LICENSES. 



[Chap. 140. 



entry in a book to be kept for that purpose, specifying the description of 6 
the firearm, the make, number, whether single barrel, magazine, revol- 7 
ver, pin, rim, or central fire, whether sold, rented or leased, the date and 8 
hour of such delivery, and the full name, sex, residence and occupation 9 
of the pm-chaser, exchanger or hirer. The said book shall be open at all 10 
times to the inspection of the licensing board and of the police. Third, 11 
That the license or a copy thereof, certified by the recording officer of 12 
the licensing board or by the clerk of the town by which it is issued, shall 13 
be displayed on the premises in a position where it can easily be read. 14 
Fourth, That no firearms shall be displayed in any outer window of said 15 
premises or in any other place where they can readily be seen from the 16 
outside. Fifth, That the license shall be subject to forfeiture as herein 17 
provided for breach of any of its conditions, and that, if the licensee is 18 
convicted of a violation of any such condition, his hcense shall thereupon 19 
become void. 20 



Term of 
licenses. 
1911, 495, § 5. 



Section 124. Licenses shall expu-e on April thirtieth of each year; 1 
but they may be granted during April to take effect on May first next 2 
ensuing. 3 



Suspension or 
revocation of 
licenses. 
1911, 495, § 6. 



Section 12.5. The licensing board, after notice to the licensee and 1 

reasonable opportunity for him to be heard by the board or by the mayor 2 

and a committee of the city council, may declare his license forfeited, 3 

or may suspend his license for such period of time as they may deem 4 

proper, upon satisfactory proof that he has violated or permitted a vio- 5 

lation of any condition thereof or has ^'iolated any law. The pendency 6 

of proceedings before a court shall not suspend or interfere with the 7 

power to declare a forfeiture. If the license is declared forfeited, the 8 

licensee shall be disqualified to receive a license for one year after the 9 

expiration of the term of the license so forfeited. 10 



Signs, etc., 
evidence that 
firearms are 
kept for sale. 
1911. 495, § 7. 



Section 126. If any placard, sign or advertisement is exposed from, 
maintained in or permitted to remain upon any vehicle, shop, stand, 
tenement, or any place of common resort, purporting or designed to 
announce the keeping in or upon said vehicle or in or upon any of said 
premises of firearms, it shall be prima facie evidence that firearms are 
kept in or upon such vehicle or premises for sale. 



Transfer of 
licenses, 
1911, 495. § 



Section 127. Licensing boards may transfer licenses from one loca- 1 

tion to another within the town in which the licenses are in force, but 2 

such transfer shall be granted only to the original licensee and upon the 3 

same terms and conditions upon which the license was originalh- granted. 4 



Penalty 
for selling 
without a 
license. 
1911, 495, § 9. 



Section 128. Whoever, without being licensed as hereinbefore pro- 
vided, sells or exposes for sale, or has in his possession with intent to 
sell, firearms shall be punished by a fine of not less than fifty nor more 
than five hundred dollars or by imprisonment for not more than one 
year. 



Penalty for SECTION 129. Any pcrson who in purchasing, exchanging or hiring 1 

name. etc. a firearm gives a false or fictitious name or address shall be punished by 2 

' a fine of not less than twenty-five nor more than one hundred dollars 3 

or by imprisonment for not more than one year, or both. 4 



Chap. 140.] licenses. 1437 

1 Section 130. Whoever sells or furnishes to a minor under the age Penalty 

2 of fifteen any firearm, air gun or other dangerous weapon or ammunition fi°elrm^1.tc.. 

3 therefor shall be punished by a fine of not less than ten nor more than fift™°°'' "°'*^'' 

4 fifty dollars, but instructors and teachers may furnish military weapons ^^ l^^ § 92 

5 to pupils for instruction and drill. i909, 199. 1919, iso. 

1 Section 131. The justice of a court or a trial justice, the board of ^3r™pis*t°oi, 

2 police or mayor of a city, or the selectmen of a town, or persons au- '^^^^^ j,, ^ ^ 

3 thorized by them may, upon the application of any person, issue a license lani 548! 1 1. 

4 to such person to carry a pistol or revoh'er in the commonwealth if it 

5 appears that the applicant has good reason to fear an injury to his per- 

6 son or property or for any other proper purpose, and that he is a suitable 

7 person to be so licensed. 

SMOKE NXJIS.\NCE. 

1 Section 132. In a toum, except those mentioned in chapter six hun- smoke 

2 dred and fifty-one of the acts of nineteen hundred and ten, which accepts igm!"^!?, §§ 1, 

3 sections one hundred and thirty-two to one hundred and thirty-six, r.^l/?02. 

4 inclusive, or has accepted corresponding provisions of earlier laws by i9os!~f87~'^' 

5 a vote of the city council or of the voters of a town at an annual town p^^^^^ , j3g 

6 meeting, the emission, except by locomotive engines or by brick or 

7 pottery kilns, into the open air of dark smoke or dense gray smoke for 

8 more than five minutes continuously, or the emission, except as afore- 

9 said, of such smoke during ninety minutes of any continuous period of 

10 twelve hours, within a quarter of a mile of a dwelling, is hereby declared 

11 a nuisance unless such emission is under a permit which maybe granted 

12 annually by the aldermen of cities or the selectmen of towns. 

1 Section 133. Such permit shall be signed by the mayor or by a P?™it^ 

2 majority of the board of selectmen and by the city or town clerk, and be e, s.' 

3 recorded in the office of said clerk. It shall name the person to whom it §'123/ "' 

4 is granted, and definitely and clearly describe the location and limits of 

5 the premises to which it applies, and shall remain in force until the first 

6 day of May next after its date, unless sooner forfeited or rendered void. 

7 Notice of applications for such permits shall be published at the expense 

8 of the applicant in the manner prescribed by section fifteen of chapter 

9 one hundred and thirty-eight relative to applications for liquor licenses. 

10 The board granting the permits may establish fees for their issue, not 

11 exceeding one dollar each, to be paid to the treasurer of the municipality. 

1 Section 134. If, before the expiration of the ten days following the objections 

2 publication of the notice, the owner of a dwelling within a quarter of a igoi. 427. § 7. 

3 mile of the premises described therein gives ■WTitten notice to the board ■ • ■ 

4 having authority to grant the permit that he objects to the granting 

5 thereof, it shall not be granted, unless said board, after a public hearing 

6 of the persons interested, decides that no just ground for objection exists, 

7 or that the public good requires that it be granted ; but the granting of 

8 a permit shall not prejudice any right of damages which a person may 

9 have against the person receiving the permit. If a permit is granted 

10 after objection is filed, and without a hearing as aforesaid, or without 

11 proper advertisement as herein provided, the owner of such dwelling may 

12 apply to the district court within whose jurisdiction the premises are 

13 situated for a hearing in the case; and said court, if it appears that said 



1438 



LICENSES. 



[Ch.\p. 140. 



permit was granted without compliance with this and the preceding sec- 14 
tion, shall revolve the permit, and notice of such revocation shall be sent 15 
to the board granting the permit and to the person receiving it. 16 



Enforcement. 
1901, 427, 
§§ 3, 4, 
R. L. 102, 
§ 125. 



Section 135. The mayor or selectmen may, in January of each year, 1 

designate some proper persons who shall be charged with the enforcement 2 

of sections one hundred and thirty-two to one hundred and thirty-six, 3 

inclusive, during the year in which they are appointed; but such desig- 4 

nation shall be subject to change at any time. An officer so designated 5 

may apply to the supreme judicial or superior court for an injunction to 6 

restrain the further operation of any furnace or steam boiler which is being 7 

operated in such a manner as to create a nuisance as above defined ; and 8 

said court may, after hearing the parties, enjoin the further operation of 9 

such furnace or boiler. 10 



Penalty. 
1901, 437, § '. 
R. L. 102, 
§ 126. 



Section 136. Whoever commits the nuisance defined in section one 1 

hundred and thirty-two, or suffers the same to be committed on any 2 

premises owned or occupied by him, or in any way participates in com- 3 

mitting the same, shall be punished by a fine of not more than one hun- 4 

dred dollars for each week during any part of which such nuisance exists. 5 



Licenses. 

1797, 53, 
5§ 1. 2. 

1798, 54, § 1. 
1810, 109. 
1S12, 140, § 1. 
R. S. 58, 

§§ 10, 12. 
1850. 245. 

1858, 139, 
§§ 1-3, 8. 

1859, 225, 
§§ 1. 2 

G. S. 88. § 52. 

1864, 299, § 1. 

1865, 197, § 1. 
1867, 130, § 1. 
1872, 330, § 1. 
P. S. 102, § 80. 
1SS5, 292. 



DOGS. 

Section 137. The owner or keeper of a dog which is three months 1 
old or over shall annually, on or before March thirty-first, cause it to be 2 
registered, numbered, described and licensed for one year from April first 3 
following, if the dog is kept in Boston in the office of the police commis- 4 
sioner, or if kept in any other town in the office of the clerk thereof. The 5 
license shall be subject to the condition expressed therein that the dog 6 
which is the subject of the license shall be controlled and restrained from 7 
killing, chasing or harassing sheep, lambs, fowls or other domestic animals. 8 
The owner or keeper of a licensed clog sha'll cause it to wear around its 9 
neck a collar distinctly marked with its owner's name and its registered 10 
number. 11 



R. L. 102, § 128. 
1909, 440, § 4. 
1914, 198. § 4. 
1917, 271, § 2. 



12 Allen, 480. 
100 Mass. 136. 
123 Mass. 245. 
134 Mass. 537. 



109 Mass. 354. 
1 Op. A. G. 290. 

Penalty, § 135. 



Same subject. 


1859, 


225, 


§10. 


G. S. 


88, § 55. 


1863, 


113. 




1864, 


299, 


§2. 


1867, 


130. 


§2. 


1872, 


330, 




§§ 1. 


2. 




P. S. 


102, 


181. 


1885, 


292. 




R. L. 


102, 




§129 


1 




1909, 


440, 


,§4. 


Fees. 






1797, 


53, i 


§2. 


1824, 


139, 


§2. 


R. S. 


58, § 10. 


1858, 


139, 


§3. 


1859, 


225, 


§1. 


G. .S. 


88, § 52. 


1867, 


130, § 1. 


P. S. 


102, 


§82. 


1890, 


72. 




R.L. 


102, 


§130 



Section 138. The owner or keeper of a dog may at any time have it 
licensed until i\pril fu'st follo\\ing; and a person who becomes the owner 
or keeper of a dog after x\pril first, which is not duly licensed, and the 
owner or keeper of a dog which becomes three months old after March 
thirty-fu-st in any year shall, when it is three months old, cause it to be 
registered, numbered, described, licensed and collared as reciuired by the 
preceding .section. ish. los, § 4. 

4 Allen, 584. 174 Mass. 74. Penalty, § 141. 

Section 139. The fee for every license shall, except as provided in 
section one hundred and seventy-three, be two dollars for a male dog and 
five dollars for a female dog, unless a certificate of a registered veterinarian 
who performed the operation that said female dog has been spayed and 
has thereby been deprived of the power of propagation has been filed 
with the town clerk, in which case the fee shall be two dollars. A certi- 



Chap. 140.] licenses. 1439 

7 fied copy of such certificate on file in the office of any town clerk within i908, i69. 

8 the commonwealth may be accepted as evidence that the said operation ^^^°' ^^' 

9 has been performed. 

1 Section 140. The owner or keeper of dogs kept for breeding purposes Breeder's 

2 may annually receive a license authorizing him to keep such dogs upon iss7^307. 

3 the premises described in the license. If the number of dogs so kept f lai/*^^' 

4 does not exceed five, the fee for such license shall be twenty-five dollars, 

5 and if the number of dogs exceeds five, the fee shall be fifty dollars, and 

6 no fee shall be required for the dogs of such owner or keeper which are 

7 under the age of six months. The three preceding sections shall not 

8 apply to licenses under this section. 

1 Section 141. Whoever violates any provision of sections one hundred ^ll"^;'*" '°'' 

2 and thirty-seven, one hundred and thirty-eight or one hundred and forty l'cf2'*'^'!,q °f- 

3 shall forfeit not more than fifteen dollars, which shall be paid, if the dog issq! 225! § 9! 

4 was kept in any town in Suffolk county, to the treasurer of the town, liei, 299, § s. 

5 or, if kept in any other county, to the treasurer thereof. p^'s.' 102,' Hi. 

1901, 120. 15 Gray, 193. 107 Mass. 405. 

R. L. 102, § 137. 2 Allen, 507. 1 Op. A. G. 603. 

1 Section 142. No person shall keep or have in his care or possession KeepinK of 

2 any bloodhound, excepting an English bloodhound of pure blood whose ^J°'«^'"'""''' 

3 pedigree is recorded or would be entitled to record in the English blood- ^^l' fg^' ^ '• 

4 hound herd book, or any dog classed by dog fanciers or breeders as Cuban Lm^iQs' 

5 bloodhound or Siberian bloodhound, whether such dog is in whole or in 5§ i.' 2- 

6 part of such species, unless such dog is kept solely for exhibition. In 

7 such case he shall at all times be kept securely enclosed or chained, and 

8 shall not be allowed at large even though in charge of a keeper, unless 

9 properly and securely muzzled. 

1 Section 143. Whoever violates the preceding section shall forfeit Penalty. 

2 fifty dollars, ten dollars of which shall be paid to the complainant, and u^t m] ^ ^' 

3 forty dollars shall, if the dog was kept in any town in Suffolk county, be ^ ^^''^' 

4 paid to the treasurer of the town, or, if kept in any other county, to the 

5 treasurer thereof. 



moved or 
killed in certain 



1 Section 144. Within forty-eight hours after the conviction of any Dog to be 

2 person for keeping a dog contrary to the provisions of section one hundred 

3 and forty-two, the mayor of a city or chairman of the selectmen of a town fsge^Jo^^ri 

4 within which such dog is kept shall order the person so convicted to |'i^I'°^' 

5 remove such dog from the city or town. Written notice of the order for 

6 such removal shall be served by any police officer or constable of the 

7 city or town; and if such dog is not removed within twenty-four hours 

8 after service of such notice, the mayor or chairman of the selectmen 

9 shall in writing order such dog to be killed by any police officer or con- 

10 stable of such city or town, who may, in the execution of such order, 

11 enter any premises within its limits. 

1 Section 145. Every license issued to the owner of a dog shall have License to 

2 a description of the symptoms of hydrophobia printed thereon. Such lioyfol'^hydro- 

3 description shall be supplied by the department of public health to the ^ll"^^''^^ pnnteJ 

4 clerks of the several towns upon application therefor. is77, io7, § 4. 

p. S. 102, § 83. 1886, 101, § 4. R. L. 102, § 132. 



1440 



LICENSES. 



[Chap. 140. 



License valid 
throughout 
the state, etc. 
1859, 225. §11. 
G. .S. 88. § 55. 
1864. 299, § 5. 
1867, 130, I 5. 
P. S. 102. § S6. 
18S4, 185. 



Section 146. A license duly recorded shall be valid throughout the 1 

commonwealth, and may be transferred with the dog licensed thereunder; 2 

but after thirty days from such transfer it shall be again recorded, if the 3 

dog is kept in Boston, by the police commissioner, or, if kept in any other 4 

city or town, by the clerk thereof. 5 

R. L. 102, 5 13G. 1906, 291, § 10. 134 Jlass. 537. 



Issuing of 
licenses, dis- 
position of fees, 
etc. 

1797, S3. § 3. 
1824, 139, § 2. 
R. S. 58. § 11. 

1858. 139. 
§§ 1,4. 

1859, 225, § 1. 
G. S. 88. I 53. 

1864, 299, § 3. 

1865, 197, § 2. 
1867. 130, I 3. 
1871,41. 

P. S. 102. § 84. 
1886, 259, § 2. 
18S7, 135. 
1888, 320, § 2. 
E. L. 102, 
§ 133. 

1904. 353, § 3. 
1906, 291, § 10. 
141 Mass. 479. 



Section 147. The police commissioner of Boston and the clerks of 1 

other cities and towns shall issue said licenses, receive the money there- 2 

for, and pay it into the treasuries of their respecti\'e counties, except in 3 

the county of Suffolk, on or before June first and December first of each 4 

year, retaining, except in Boston, to their own use twenty cents for each 5 

license, and shall return therewith a sworn statement of the amount of 6 

money thus received and paid over by them. They shall also keep a record 7 

of all licenses issued by them, of the names of the keepers or owners of 8 

dogs licensed, and of the names, registered numbers and descriptions of 9 

all such dogs. If a city or town clerk neglects to pay over such money 10 

to the county treasurer as required by this section, the city or town may 11 

recover the amount thereof for the benefit of the county, with all damages 12 

sustained through such neglect, and interest, in an action on the official 13 

bond required of city clerks by the following section or of town clerks by 14 

section thirteen of chapter forty-one. 15 



Bond of city 

clerk. 

1SS8, 320, 

§§ 1.3. 

R. L. 102, 

§ 134. 

1910. 319, § 1. 

191S, 291. § 21. 



give bond with 



Section 148. City clerks, except in Bo.ston, shall 
sureties to their respective cities, which, within ten days after their elec 
tion and qualification, shall be approved by the aldermen, conditioned 
faithfully to account for all fees received for dog licenses and hunters' 
certificates, and for the payment of all fees received for dog licenses, less 
their fees, into their respective county treasuries, and for the payment 
of all fees received for hunters' certificates of registration, less their fees, 
to the commonwealth. 



Accounts of 
county, etc., 
clerks. 

1859. 225, § 1. 
G. S, 88. § 53. 
1864, 299. § 4. 
1807, 130, § 4. 



Section 149. Each county, city and town treasurer, except in Suf- 1 

folk county, shall keep an accurate and separate account of all money 2 

received and expended by him under the provisions of this chapter re- 3 

lating to dogs. p. s. 102, 5 85. r. l. 102, § 135. 4 



-Assessors to 

take list of 

dogs. 

1S5S. 139. § 2. 

1859, 225. § 15. 

1864, 299, § 6. 

1867, 130, § 0. 

1871. 41. 

P. .S. 102. § 89. 

R. L, 102, 

§ 142. 

1914, 198, § 4. 



Section 150. The assessors shall annually take a list of all dogs 1 

owned or kept in their respective cities and towns on April first, with 2 

the owners' or keepers' names, and return the same to the city or town 3 

clerk, or, in Boston, to the police commissioner, on or before July first. 4 

An owner or keeper of a dog who refuses to answer or answers falsely to 5 

the assessors relative to the ownership thereof shall be punished by a 6 

fine of not less than ten dollars, which, except in Sufi'olk county, shall 7 

be paid into the county treasury. 8 



Dog officers. 
Killing un- 
licensed dogs. 

1797, 53, § 4. 

1798, 54, § 2. 
1812, 146, § 2. 
R. S. 58. § 12. 

1858. 139, § 1. 

1859, 225, 
H 4, 12. 



Section 151. The mayor of each city and the chairman of the select- 1 

men of each town shall annually, within ten days after July first, issue 2 

a warrant to one or more police officers or constables, who shall hold 3 

office for one year or until their successors are qualified, directing them 4 

forthwith to kill or cause to be killed all dogs within such city or town 5 

which are not licensed and collared as required by this chapter, and to 6 



Chap. 140.] licenses. 1441 

7 enter complaint against the owners or keepers thereof; and any person c. s ss, 

8 may, and every poHce officer and constable shall, kill or cause to be killed i864*o99, § 7. 

9 all such dogs whenever or wherever found. Such officers, other than r&^'io2!'§^90. 

10 those employed under regular pay, shall receive from the treasurers of their f^\^ '■^'-• 

11 respective cities and towns one dollar for each dog so destroyed; except JqU^'isS'^ ^' 

12 that in cities of twenty-five thousand inhabitants or more they shall be igiaop. 

13 paid the same wages per diem for the time actually employed which the is pick. 202. 

14 regular police officers of such cities receive. Bills for such services shall is^cf/ay.^li 

15 be approved by the mayor of the city or chairman of the selectmen of JooM'iis'iaG. 

16 the town in which said dogs are destroyed, and in cities and towns in loo Mass. 273, 

17 the countv of Suffolk shall be paid from money received under the iss m-^ss 240 

" 191 Miss o') 

18 provisions of this chapter relating to dogs. Cities and towns in other 210 Mass! 374. 

19 counties shall be reimbursed bj' the treasurers of their respective counties 226 Mass! 579'. 

20 from the money received under such provisions. 1 Op. a. g. 603. 

1 Section 152. Each police officer or constable to whom such warrant f^^^^^^\^ 

2 is issued shall make returns, on or before October first following and at 1867. iso. § s. 

• • • .PS 102 5 91 

3 the expiration of his term of office, to the mayor or chairman of select- r l. 102. 

4 men issuing the same, and shall state in said returns the number of dogs i907!'24o, § 2. 

5 killed, the names of the owners or keepers thereof and whether all unli- 

6 censed dogs in his town have been killed, and the names of persons against 

7 whom complaints have been made under the provisions of this chapter 

8 relating to dogs, and whether complaints have been entered against all 

9 the persons who have failed to comply therewith. 

1 Section 153. Such warrant may be in the following form: warrant to 

dog officers. 
1867, 130. § 16. 

Commonwealth or Massachusetts. ^- ^ 'j°| ^ '"^ 

(Seal.) § 164. 

,ss. 

To , constable of the city {or toum) of 

In the name of the Commonwealth of Massachusetts, you are hereby required 
to proceed forthwith to kill or cause to be killed all dogs wdthin the said city (or 
town) not duly licensed and collared according to the provisions of chapter one 
hundred and forty of the General Laws, and you are further required to make 
and enter complaint against the owner or keeper of every such dog. 

Hereof fail not, and make due return of this warrant with your doings therein, 
stating the number of dogs killed and the names of the owners or keepers thereof, 
and whether all unlicensed dogs in said city (or town) have been killed, and 
the names of persons against whom complaints have been made under tlie pro- 
visions of said chapter, and whether complaints have been made and entered 
against all the persons who have failed to comply with the jjro visions of said 
chapter, on or before the first day of October ne.xt. 

Given under my hand and seal at aforesaid, the 

day of , in the year nineteen hundred and 

Mayor of {or Chairman of the Selectmen of) 

1 Section 154. The mayor of each city and the chairman of the select- Mayor etc.. 

2 men of each town shall annually, within ten days after October first, district nt- 

3 sign and transmit to the district attorney of his district a certificate, w°amfnt.r 

4 on oath, stating that the warrant named in section one hundred and fifty- JlS-y; 130; j 9; 

5 one was issued and whether it has been duly executed and returned ac- hi' '102^^^ 

6 cording to this chapter. The district attorney shall prosecute city, town § '*5. 

7 or county officers who fail to comply therewith. 



1442 



LICENSES. 



[Chap. 140. 



Damage 
by does. 
1791, 38. 
1797, 53, 



Section 155. The owner or keeper of a dog shall be liable in tort to a 1 
5; person injured by it in double the amount of damages sustainetl by him. 2 



179S, .54. 5 3 
1812, 14B, 9 3. 
R. S. 08, ? 13. 
G. S. 88. § 59. 
P. S. 102. § 93. 
R. L. 102. 5 146. 
20 Pick. 477. 
12 Met. 291. 
12 Cush. 278. 
11 Gray. 29. 
1 AUen, 191. 
3 Allen, 101, 191. 



i Allen. 431 
117 Mass. 109. 

123 Mass. 580. 

124 Mass. .57. 

128 Mass. 218, 598. 
131 .Mass. 236. 
148 Mass. 85. 

152 Mass. 7, 

153 Mass. 347. 

154 Mass. 346, 
159 Mass. 497. 



101 Mais. 182, 184. 
170 Mass. 441. 
172 Mass. 453. 
177 Mass. 163. 
184 Mass. 150. 
202 Mass. 506. 
204 Mass. 195. 
213 Mass. 28. 
216 Mass. 556. 
221 Mass. 73. 
229 Mass. 348. 



°erfon"oT'"°^ SECTION 156. Any person may kill a dog which suddenly assaults him 

anVmais may ^'hile he is peaceably walking or riding outside the enclosure of its owner 

Ij"? k'l'ed, when, or keeper; and any person may kill a dog found out of the enclosure of its 

R. s.'5s,'§ Ti, owner or keeper and not under his immediate care worrying, wounding 

p.' s.' 102, §94. or killing neat cattle, sheep or lambs. 

R. L. 102, JU7. 141 .Mass. 179. 177 Mass. 200. 



Complaint as 
to dangerous 
dog. 

1791, 38, § 2. 
R. S. oS, § 16. 
G. S. 88, § 61. 
P. S. 102, § 95. 
R. L. 102, 
§ 148. 



Dog proved 
dangerous may 
be killed- 
1791, 38, § 3. 
R. S. 58, § 16. 
G. S. 88, § 1)2. 
1805, 197, S 4. 
1867, 130, 5 14. 
P. .S. 102, § 96. 
R. L. 102. 
§ 149. 

Treble dam- 
ages if dog. 
after notice, 
causes injury, 
etc. 

1791, 38, § 4. 
R. S. 58, § 17. 
G. S. 88, § 63. 
P. S. 102, § 97. 

Protecting 
domestic 
animals from 
injury by dogs, 
1902, 226. 
1904, 127. 



Section 157. If a person who has been so assaulted, or who finds a 
dog strolling outside of the enclosure of its owner or keeper and not under 
his immediate care, within forty-eight hours after such assault or finding 
makes oath thereof before a district court or trial justice or before the 
clerk of the town where the owner or keeper of the dog dwells, and that 
he suspects the dog to be dangerous or mischievous, and gives notice 
thereof to its owner or keeper by delivering to him a certificate of such 
oath signed by such court, justice or clerk, the owner or keeper shall 
forthwith kill or confine such dog; and if he neglects so to do after 
twenty-four hours from the receipt of such notice he shall forfeit ten 
dollars. 

Section 158. If such dog is licensed the fine prescribed by the pre- 
ceding section shall not be imposed unless the dog is pro^'ed to be mis- 
chievous or dangerous. Any person may kill a licensed dog which has 
been so proved to be mischievous or dangerous if it is again found stroll- 
ing outside of the enclosure of its owner or keeper and not under his im- 
mediate care. 

Section 159. If a dog, after such notice to its owner or keeper, by 
such assault wounds any person, or worries, wounds or kills any neat 
cattle, sheep or lambs, or does any other mischief, the owner or keeper 
shall be liable in tort to the person injured thereby in treble the amount 
of damages sustained bv him. R. l. 102. § 150. 



1 
2 
3 

4 
5 
6 
7 
8 
9 
10 
11 

1 
2 

3 
4 

5 
6 

1 
2 
3 

4 
5 



Section 160. The county commissioners of any county, or their 1 
agents thereto authorized in WTiting, may enter upon the premises of 2 
the owner of any dog known to them to have M'orried or killed sheep, 3 
lambs, fowls or other domestic animals, and then and there kill such dog, 4 
unless such owner whose premises are thus entered for the said purpose 5 
shall give a bond in the sum of two huntlred dollars, with sufficient sure- 6 
ties, approved by the county commissioners, conditioned that the dog 7 
shall refrain from killing or worrying sheep, lambs, fowls or other domestic 8 
animals for twelve months next ensuing. And if the owner of the dog 9 
declares his intention to give such a bond, the said county commissioners 10 
or their agents shall allow him reasonable time in which to procure and 11 
prepare the same and to present it to them, or to file it with the clerk of 12 
the town where the said owner resides. 13 



Chap. 140.] licenses. 1443 

1 Section 161. Whoever suffers loss by the worrying, maiming or Certain 

2 killing of his live stock or poultry by dogs, outside the premises of the doS''*o\eViJ 

3 owners or keepers of such dogs, may, if the damage is done in a city, in- isss.'isS,"^ T 

4 form the officer of police of the city who shall be designated to receive cf's'llflcl.' 

5 such information by the authority appointing the police, and, if the dam- J||;^' J^^' | ^^ 

6 age is done in a town, may inform the chairman of the selectmen of the l'sgg''Jjo 

7 town, or, if he is absent or ill, any one of the selectmen, who shall proceed isse,'259.' 

8 to the premises where the damage was done and determine whether the r. l. io2;_ 

9 same was inflicted by dogs, and if so, appraise the amount thereof if it fgos^Vasi. 

10 does not exceed twenty dollars. If in the opinion of said officer of police, \l°\[ Igl'. ^ ^ 

11 chairman or selectman, the amount of said damage exceeds twenty dol- 20°' a*g ■^so 

12 lars, the damage shall be appraised, on oath, by three persons, of whom 

13 one shall be such officer of police, chairman or selectman, one shall be 

14 appointed by the person alleged to be damaged, and the third shall be 

15 appointed by the other two. The said appraisers shall consider andin- 

16 elude in such damages the labor and time necessarily expended in the 

17 finding and collecting of the live stock or poultry injured or separated 

18 and the value of those lost or otherwise damaged by dogs. The said 

19 officer of police, chairman or selectman shall return a certificate of the 

20 damages found, except in Suffolk county, to the treasurer of the county 

21 where the damage was done, within ten days after such appraisal is made. 

22 The treasurer shall thereupon submit the same to the county commission- 

23 ers, who within tliirty days shall examine all bills for damages, and may 

24 upon their own motion or upon request of an interested party shall sum- 

25 mon the appraisers and all parties interested and make such investiga- 

26 tion as they may think proper, and shall issue an order upon the treasui'er 

27 of the county for such amounts, if any, as they decide to be just and shall 

28 notify all interested parties of their decision. The treasurer, except in 

29 Suffolk county, shall pay all orders drawn upon him in full, for the above 

30 purpose, and for the expenses of appraisal out of any money in the county 

31 treasury, and payments made therefor shall be charged to the dog fund. 

32 The appraisers shall receive from the county tlu^ee dollars each for every 

33 such examination made by them, and also twenty cents a mile one way 

34 for their necessary travel. 

1 Section 162. The aldermen or selectmen may offer a reward of not Pf.^^I'Jj''"' 

2 more than twenty-five dollars for the killing of any dog found to have found injuring 

3 worried, maimed or killed any sheep, lambs, fowls or other domestic anmfais' 

4 animals, thereby causing damages for which their owner may become }**l! 102; ^ ^ 

5 entitled to compensation under the preceding section, or for evidence fgol^oo. 

6 which shall determine to the satisfaction of such aldermen or such select- 

7 men who is the owner or keeper of the dog by w hich such damage is done. 

8 The county commissioners, except in Suffolk county, shall pay the said 

9 reward from the dog fund, upon a certificate signed by the aldermen or 
10 selectmen. 

1 Section 163. If the aldermen or selectmen determine, after notice Notice to 

2 to parties interested and a hearing, who is the ownei or keeper of any suXdog. 

3 dog which is found to have worried, maimed or killed any sheep, lambs, ]i^t tot'. ^ ^' 

4 fowls or other domestic animals, thereby causing damages for which ^ ^^^■ 

5 their owner may become entitled to compensation from the dog fund 

6 under section one hundred and sixty-one, they shall serve upon the owner 

7 or keeper of such dog a notice directing him within twenty-four hours to 

8 kill or confine the dog. 



1444 



LICENSES. 



[Ch.\p. 140. 



Penalty for 

not confining 

dog. 

1SS9, 454, § 4. 

R. L. 102. 

§ 154. 



Section 164. A person who owns or keeps a clog, and who has re- 
ceived such notice and does not within twenty-four hours kill such dog 
or thereafter keep it on his premises or under the immediate restraint 
and control of some person, shall be punished by a fine of not more than 
twenty-five dollars; and any person may kill such dog if it is found 
strolling outside of the enclosure of its owner or keeper and not under 
his immediate care. 



Appointment 
of persona to 
investigate 
damages by 
dogs. 

1SS9, 434, § 5. 
1894, 309, § 1. 
R. L. 102, 
§ 155. 

19W, 142, § 1. 
1907, 241. 
1910, 392, § 1. 
1918, 271, § 1. 
160 Mass. 186. 
177 Mass. 34. 



Section 165. The county commissioners, except in Suffolk county, 1 
shall appoint one and may appoint not more than four suitable persons, 2 
all residents of the county, any one of whom shall, at the request of said 3 
commissioners or of the chairman of the selectmen or officer of the 4 
police designated as provided in section one hundred and sixty-one, 5 
investigate any case of damages done by a dog of which the commis- 6 
sioners, chairman or officer shall have been informed as provided in said 7 
section; and if he believes that the evidence is sufficient to sustain an 8 
action against the owner or keeper of the dog as provided in said section 9 
and believes that such owner or keeper is able to satisfy any judgment 10 
recovered in such action, he shall, unless the owner or keeper before action 11 
brought pa.vs him such amount in settlement of the damage as he deems 12 
reasonable, bring the action. It may be brought in his own name and in 1.3 
the county where he resides, and he shall prosecute it. The persons so 14 
appointed shall also have throughout their respective counties the same 15 
powers and authority as police officers or constables acting under section 16 
one hundred and fifty-one. All damages received or reco\"ered imder this 17 
section shall be paid over to the county treasurer and placed to the credit 18 
of the dog fund. The county treasurer shall pay out of the dog fund such 19 
reasonable compensation as the county commissioners shall allow for 20 
se^^■^ces and necessary expenses under this section and the reasonable 21 
expense of prosecuting the said actions. The persons appointed here- 22 
imder may be removed at an\- time by the county commissioners, and 2.3 
in counties where they are appointed the county treasurer shall not be 24 
authorized to bring the said actions. 25 



Person 
damaged has 
choice of 
remedy 
1859, 225, § 8. 
G. S. 88, § 65. 
1864, 299, § 99. 
1867, 130, § 10. 
P. S. 102, § 99. 
R. L. 102, 
I 156 



Section 166. The owner of sheep, lambs, fowls or other domestic 1 

animals which have been worried, maimed or killed by dogs shall have 2 

his election to proceed under section one hundred and sixty-one or sections 3 

one hundred and fifty-seven to one hundred and fifty-nine, inclusi\-e: 4 

but, having signified his election by proceeding in either mode, he shall 5 

not have the other remedv. 6 



Dogs may be 
required to be 
muzzled. 
1877, 167, 
S§1,2 
P. S. 102, 
§§ 101, 102. 
R. L. 102, 
§ 158. 



Section 167. The- aldermen or selectmen may order that all dogs 1 

shall be muzzled or restrained from running at large during such time 2 

as shall be prescribed by such order. After passing such order and posting 3 

a certified copy thereof in two or more public places in the town, or, if 4 

a daily newspaper is published in such town, by publishing such copy 5 

once in such newspaper, the aldermen or selectmen may issue their 6 

warrant to one or more of the police officers or constables of such town, 7 

who shall, after twenty-four hours from the publication of such notice, 8 

kill all dogs found unmuzzled or running at large contrary to such order, 9 

and shall receive such compensation therefor as is provided in section 10 

one hundred and fiftv-one. 11 



Chap. 140.] licenses. 1445 

1 Section 168. The aldermen or selectmen may cause service of such service of 

2 order to be made upon the owner or keeper of the dog by causing a Penafty. 

3 certified copy thereof to be delivered to him; and if he refuses or neglects p'^i.' 102,' im. 

4 for twelve hours thereafter to muzzle or restrain such dog as so required, f 159/°"' 

5 he shall be punished by a fine of not more than twenty-five dollars. 

1 Section 169. A county, city or town officer w ho refuses or wilfully Penalty on 

2 neglects to perform the duties imposed upon him by the provisions of isss, i39™§'6. 

3 this chapter relating to dogs shall be punished by a fine of not more than a^|.' ss,°§ ei^' 

4 one hundred dollars, which shall be paid, except in Suffolk county, Hey' 130 1 1? 

5 into the county treasury. Whoever is aggrie\ed by such refusal or neg- S f; \%^ ^°*' 

6 lect may report the same forthwith to the district attorney of his district. § leo. 

1 Section 170. In Suffolk count \-, all money received for licenses or Disposition 

2 recovered as fines or penalties under the provisions of this chapter re- Cl suffofk"^" 

3 lating to dogs shall be paid into the treasury of the town in which said ilS^g, 1 12. 

4 licenses are issued or said fines or penalties recovered. All claims for \f^- i?J | \^- 

damages done by dogs in Suffolk county shall be determined by appraisers J^ w^' 102, §105. 

6 as specified in section one hundred and sixty-one and, when approved § lei. 

7 by the aldermen or selectmen of the city or town where the damage was 

8 done, shall be paid in full on the first Wednesday of January of each 

9 year by the treasurer of such town, if the gross amount received by him 

10 and not previously paid out under the provisions of this chapter relating 

11 to dogs is sufficient therefor; otherwise such amount shall be divided 

12 pro rata among such claimants in full discharge of their claims. 

1 Section 171. The owner or keeper of a dog which is doing damage owner of dog 

2 to sheep, lambs, fowls or other domestic animals shall be liable in tort coumy°for 

3 to the county for all damages so done which the county commissioners damages pa.d 

4 thereof ha\'e ordered to be paid as provided in this chapter. The county }|5*' ^^9. | s 

5 treasurer, except as provided in section one hundred and sixty-five, may, ^i,^^ HA'^ji 

6 and if so ordered by the county commissioners shall, bring such action, isot! iss! 

7 In Suffolk county, such owner or keeper shall be liable in like manner to r s.^ioa, § loe. 

8 the town for damages so done therein which the aldermen or selectmen f im/"'' 

9 have so ordered to be paid; and the town treasurer may, and if so ordered '®° ^^^^- '*® 
10 by the aldermen or selectmen shall, bring such action. 



1 Section 172. Money received by a county treasurer under the pre- Disposition of 

2 ceding sections relating to dogs, and' not paid out for damages, shall, in ""laT^oFdog 

3 January, be paid back to the treasurers of the towns in proportion to 'j'^^^ jg^ 5 3 

4 the amounts received from such towns, and the money so refunded i|g'J^g'|i" 

5 shall be expended for the support of public libraries or schools. In p .s.'ro2,§ 107. 

6 Suffolk county, money so received by the town treasurer and not so § les. " 

7 paid out shall be expended by the school committee for the support of ^OpA.G.sie, 

8 public schools. 

1 Section 173. A town may make additional ordinances or by-laws Ordinances 

2 relative to the licensing and restraining of dogs, and may affix penalties ?" dog^"'""" "^ 



139. 



10. 



3 of not more than ten dollars for a breach thereof; but such ordinances r^^J.'II,' 

4 or by-laws shall relate only to dogs owned or kept in such town, and the J^^o. 24's. ^ ^^ 

5 annual fee required for a license under section one hundred and thirty- p| foiVVoo 

6 nine shall in no case be more than one dollar in addition to the amount R l 102, 



required by said section. 10 Met. 3S2 



165. 



1446 



LICENSES. 



[Chap. 140. 



^n&\S°' Section 174. All fines and penalties provided in the preceding sec- 

p.' I.' folVuo. tions relating to dogs may be recovered before a district court or trial 
8*166 '°^' justice in the county where the offence was committed. 



kmbg.'etc" Section 175. Whoever wrongfully kills, maims, entices or carries 1 

isss^Tsg.l"! a^'<iy ii dog licensed and collared as pro\'ided in section one hundred and 2 

1859, 225, 1 5. thirty-scven shall be liable in tort to its owner for its value. 3 

G. S. 88, § 57. P. S. 102. § 88. R. L. 208, § 38. 1913, 551. 



Registration 
1890, 334, " 
R. L. 102, 
§ 167. 



ST.\LLIONS. 

5 1. Section 176. The owner or keeper of a stallion for breeding purposes 1 

shall, before advertising the service thereof, file a certificate of the name, 2 

color, age, size and pedigree, as fully as obtainable, of said stallion, and 3 

of the name of the person by whom he was bred, witli the clerk of the 4 

town where said stallion is owned or kept, who .shall, upon payment 5 

of a fee of twenty-five cents, record the same in a book to be kept for that 6 

purpose. Whoever neglects to make and file such certificate shall re- 7 

co\'er no compensation for the services of his stallion, and whoever know- 8 

ingly and wilfully makes a false certificate shall be punished by a fine of 9 

one hundred dollars. 10 



Licenses. 
1857, 194. § 2. 
G. S. 88. § 69. 
1876, 147, 
§5 1,2. 
1880, 94. 
P. .S..102, § HI. 
1885, 323. § 2. 
R. L. 102, 
§ 168. 

1902. 187, I 5. 
1906. 291, § 4. 
1911. 645. 
1920. 191. 
133 Mass. 578. 



BILLI.\RD TABLES AND BOWLING ALLEYS. 

Section 177. The licensing board of Boston, the license commission 1 

of Lowell, the aldermen of any other city, and the selectmen of any 2 

town may grant and may suspend or revoke at pleasure a license which 3 

shall be subject to sections two hundred and two to two hundred and 4 

five, inclusive, to a person to keep a billiard, pool or sippio table or a 5 

bowling alley for hire, gain or reward, upon such terms and conditions 6 

as they deem proper, to be used for amusement merely and not for the 7 

purpose of gaming for money or for property. 8 

140 Mass. 38. 19U.Mass. 341. 



Penalty. 

1857. 194, I 1. 

G. S. 88, § 70. 

1880, 94. 

P. S. 102.5 112. 

R. L. 102, 

5 169. 

109 Mass. 344. 

141 Mass. 420, 



Section 178. Wlioever without such license keeps or suffers to be 1 

kept in a house, building, yard or dependency thereof, actually occupied 2 

or owned by him, a table for the purpose of playing at billiards, pool or 3 

sippio, or a bowling alley for hire, gain or reward, or whoever for hire, 4 

gain or reward suffers any person to resort thereto for such purpose shall 5 

forfeit not more than one hundred dollars. 6 



Penalty for 
admitting 
minors to 
billiard rooms. 

1855. 429, § 1. 
G. S. 88, § 71, 
1866, 237. 
1880, 94. 



Section 179. The keeper of a billiard, pool or sippio room or table, 1 

bowling alley, or place in which pictures are displayed upon the deposit 2 

of money in a coin controlled apparatus, Avho admits a minor thereto 3 

without the written consent of his parent or guardian, shall forfeit ten dol- 4 

lars for the first and twenty dollars for each subsequent offence, 5 

p. S. 102. § 113. R. L. 102, § 170. 1908, 368. 98 Mass. 6. 



unCfwfu/use, Section 180. Whocvcr erects, occupies or uses a building for bowling 
aifey."' ^°^'^'"^ alleys, except in such part of a town as the aldermen or selectmen order, 
cf^s'ls^s 73 s^^^^ forfeit not more than fifty dollars for every month he so occupies 
PSioisiii or uses such building, and in like proportion for a shorter time. The 
5 ni. "■ superior court may restrain such erection, occupancy or use without 
sucli order. 



Chap. 140.] licenses. 1447 



THEATRICAL EXHIBITIONS, PUBLIC AMUSEMENTS, ETC. 

Section 181. The mayor or selectmen may, except as provided 



License s. 
1S05, 98, 



uiilueiised 
pxhil)itioii. 
ISO.), flS, 
§S 1.3. 



2 in section one hundred and fi^•e of chapter one hundred and forty-nine, l^^^ 3^, 
.3 grant, upon such terms and conditions as they deem reasonable, a license §§ i.'s. . 

4 for theatrical exhibitions, public shows, public amusements and exhi- ism. 231: § i. 

5 bitions of every description, to be held upon week days only, to which p. ,s. i'o2.'§ 115. 

6 admission is obtained upon payment of money or upon the delivery HH] 434; 5 3 

7 of any valuable thing, or by a ticket or voucher obtained for money or f^h^ '°-'. 

8 any valuable thing, or in which, after free admission, amusement is jsos. 341. 1 1. 

9 furnished upon a deposit of money in a coin controlled apparatus; and 100s'. |s5._§ 2. 

10 the mayor or selectmen may revoke or suspend such license at their 7 ciriy! 162! 

11 pleasure, but they shall not grant a license for any such theatrical ex- uls mS: 519. 

12 hibitions, public shows or public amusements or exhibitions of any de- J^j ^J^S: III. 

13 scription whatever to beheld upon Sunday, except as provided in chapter iop^a!*g.^306. 

14 one hundred and thirty-six. Op. a. g. (1920) 300. 

1 Section 182. Whoe\-er offers to view, sets up, sets on foot, maintains, rcnaity tor 

2 carries on, publishes or otherwise assists in or promotes any such exhibi- 

3 tion, show or amusement without such license shall be punished by a 

4 fine of not more than five hundred dollars. This and the preceding jfif'ss^^l'- 

5 section shall not apply to public entertainments by religious societies in q^^IU'i^- 

6 their usual places of worship for a religious or charitable purpose, or to isso. is's. 

7 entertainments given in school buildings by or for the benefit of the k.l. 102,' 

8 pupils thereof and under the supervision of the principal or teacher in iooV, 4iio, § 5. 

9 charge of the school classes therein, or to entertainments given in a \^l] Ijf; ^ ^■ 

10 pri\ate dwelling, except in apartments thereof having a seating capacity i64 Masl!*n. 

11 of four hundred or more. 177 Mass. 347. 

1 Section 183. No person shall darken in whole or in part the hall, p^iJlbfted '"'" 

2 room, piazza, roof garden or other place in which a public dance re- during progress 

3 quired to be licensed under section one hundred and eighty-one is held, dances therein. 

4 or any stairway, anteroom or passageway connected therewith, dur- hi-4. ' 

5 ing the progress of a dance therein or until all persons except the propri- 

6 etor and his employees have withdrawn from the premises. The degree 

7 of light required in such places shall be fixed by regulations prescribed 

8 by the commissioner of public safety, copies of which and of this section 

9 shall be conspicuously posted in every such place. Violations of this sec- 

10 tion shall be punished by a fine of not less than one hundred nor more 

11 than one thousand dollars. 

1 Section 184. Whoever offers to view, sets up, sets on foot, maintains Penalty for 

2 or carries on a theatrical exhibition, public show, concert or dance hall iiquor is sold. 

3 exhibition, of any description, at which lager beer or other intoxicating g.s.'ss, §7b. 

4 liquor is sold or exposed for sale with the consent of those who get up, r. l.'ub,^ ^'^' 

5 set on foot or otherwise promote such exliibition or show, shall be punished ^ ^''*- 

6 by a fine of not more than fi\e hundred dollars or by imprisonment for 

7 not more than two years, unless such exhibition or show has been duly 

8 licensed as provided by section one hundred and eighty-one. This 

9 section shall not authorize the licensing of the sale of liquor contrary to 
10 law. 



1448 



LICENSES. 



[Chap. 140. 



prowbftid" Section 185. \Mioever gets up, sets on foot, causes to be published, 1 

cft^'ll V77' °^ otherwise aids in getting up and promoting a masked ball or other 2 

P.S.102, § lis public assembly at which the company wear masks or other disguises and 3 

5 175. ' to which admission is obtained upon payment of money or the delivery 4 

of any valuable thing, or by a ticket or voucher obtained for money or 5 

any ^-aluable thing, shall for the first offence be punished by a fine of not 6 

more than fi\-e hundred dollars and for any subsequent offence by im- 7 

prisonment for not more than one year. 8 



License. 
1885, 196, i 
R. L. 102, 
§ 176. 
1902, 187, I 
1906, 190. 
1911, 645. 
1920, 47. 



SIC^.TING RINKS, ETC. 

Section 186. The licensing board of Boston, the license commission 1 

of Lowell, the mayor of any other city, and the selectmen of any town, 2 

may grant a license to any person to establish, keep open and maintain 3 

skating rinks to be used for roller skating, carousels, inclined railways, 4 

Ferris wheels and outdoor exhibitions of fire fighting for the amusement 5 

of the public, for hire, gain or reward, upon such terms, conditions and 6 

regulations as they deem proper, subject to sections two hundred and 7 

two to two hundred and five, inclusive, and to the provisions of law 8 

relating to the observance of Sunday. 9 



Tsss'ioe § 2 Section 187. Whoever, without such license, establishes, keeps open 1 

R. 1:102; ■ or maintains a skating rink to be used for the amusement of roller skating 2 

shall be punished by a fine of not more than five hundred dollars. 3 



License. 

1885. 309, §§ 1. 

4; 323, § 2. 

R. L. 102, 

§ 178. 

1902, 187, § 5. 

1906, 291, I 4. 



PICNIC GROVES. 

Section 188. In a city or town which accepts the provisions of this 1 

and the two following sections or has accepted corresponding provisions 2 

of earlier laws, the aldermen, except in Boston and Lowell, or the select- 3 

men may grant a license to any person to establish, let, keep open and 4 

maintain a grove to be used for picnics or other lawful gatherings and 5 

amusements for hire, gain or reward, upon such conditions and regula- 6 

tions as they deem proper, subject to the provisions of sections two 7 

hundred and two to two hundred and five, inclusive. Li Lowell the 8 

license commission and in Boston the licensing board may grant such 9 

licenses. 10 



Penalty. 
1885, 309, § 2. 
R. L. 102, 
§ 179. 



Section 189. Whoever, without such license, establishes, lets, keeps 1 

open or maintains, himself or by another, a grove to be used for picnics 2 

or other amusements for hire, gain or reward shall be punished by a fine 3 

of not more than one hundred dollars. 4 



Peddling near 
picnic grove 
forbidden. 
1887, 445. 
R. L. 102, 
§ 180. 



Section 190. Whoever, not having his residence or regular place of 1 

business within one half mile of a grove licensed under section one hun- 2 

dred and eighty-eight, during the time of holding a picnic or other lawful 3 

gathering in such licensed grove and within one half mile thereof hawks or 4 

peddles goods, wares or merchandise, or establishes or maintains a tent, 5 

booth, vehicle or building for vending provisions or refreshments Math- 6 

out the consent of the licensee of such grove, or engages in gaming or 7 

horse racing, or exhibits or offers to exhibit any show or play, shall forfeit 8 

not more than twentv dollars. 9 



Chap. 140.] licenses. 1449 



STEAMBOATS. 

1 Section 191. The aldermen or selectmen may license any person to License. 

2 run a steamboat or other boat propelled by power other than muscular r!I.'io2!'h2o. 
■3 power for the conveyance for hire of passengers on lakes, ponds or waters Sgio/i^l'.Vf'' 
4 not within the maritime jurisdiction of the United States. i^" -^i*^^ 221. 

1 Section 192. Such licenses shall be granted for a term of not more Form of 

2 than one year, and shall be recorded by the clerk of the town where lOTcaoo^rs 

3 they are granted, who shall receive a fee of one dollar for recording each ^ | ui,^ ^"^ 

4 license. Every such license shall set forth the name of the steamboat f g\o^ J25 5 2 

5 or other boat, of the master and owner, and the number of passengers 

6 it is permitte<l to carry at any one time, with the number of life preservers 

7 that shall be carried. The license shall be posted in a conspicuous place 

8 therein, and the number of passengers specified in such license shall in 

9 no case be exceeded. 

1 Section 19.3. Whoever, runs a steamboat or other boat propelled by Penalty. 

2 power other than muscular power for the con\"eyance of passengers for §§2,4 ' 

3 hire on such waters without first obtaining such license from the aldermen r. L^'o'i^ '^" 

4 of every city and the selectmen of every town within which such steam- f9\o^ 125 § 3. 

5 boat or other boat lands or receives passengers for hire shall be punished 
C by a fine of not more than fifty dollars. 

boating ANT) bathing. 

1 Section 194. Cities and towns which accept this and the two follow- License 

2 ing sections or have accepted corresponding provisions of earlier laws '^^°' ^°°' ^ ^' 

3 by a vote of the city council or of the town at a town meeting called for 

4 the purpose may prohibit any person from carrying on the business of 

5 renting boats or bathing suits, for use upon or in so much of the waters 

6 of any great pond as is situated within the town, without first obtaining 

7 a license so to do from the aldermen or selectmen. 

1 Section 195. The aldermen of such cities and the selectmen of such Posting 

2 towns shall cause to be posted in the immediate vicinity of such ponds mo.lbo, § 2. 

3 notices stating that sections one hundred and ninet\-four to one hun- 

4 dred and ninety-six, inclusive, have been accepted by the city or town. 

1 Section 196. Whoever in such a city or town, without obtaining a Penalty for 

2 license under section one hundred and ninety-four, if one is required, ficensl'"' °"' 

3 engages in the business described in said section, shall be punished by '^^°' *^- ^ ^' 

4 a fine of not more than ten dollars. 

GENERAL PROVISIONS. 

1 Section 197. Whoever, himself or by his servant or agent, admits Admission of 

2 a child under fourteen to any licensed show or place of amusement unless entertmnments 

3 such child is accompanied by a person over twenty-one, shall, on com- islf^lG; 

4 plaint of a parent or guardian of the child or of any police officer or of an f)^ ^°^' 

5 attendance officer of the town in which the chikl is so admitted, be pun- jgoy'ssg 

6 ished by a fine of not more than one hundred dollars; but he shall not i9io!532; 

7 be liable to said fine if a child apparently fourteen years old has obtained 

8 admission by any written misrepresentation or by any unauthorized en- 

9 trance to said place of amusement, or has entered with and apparently 



1450 



LICENSES. 



[Chap. 140. 



in the company of a person over twenty-one but does not remain with 10 
such person, provided the person in charge of said place of amusement 11 
shall remove such child immediately therefrom upon knowledge that the 12 
child is under fourteen and not then accompanied by a person over twenty- 13 
one. This section shall not apply to shows or entertainments which 14 
take place before six o'clock in the afternoon and during the hours that 15 
the school of which the child attending such show or entertainment is a 16 
pupil is not in session. It shall be prima facie evidence that such school 17 
is in session if the public schools are in session in the town where said IS 
show or entertainment takes place. 19 



No proprietor, lessee or manager and no employee of a 



Admission of SECTION 198. 

young persons . , » 1 i- i ii • i • i i • 

to dance halls proprietor, lessee or manager oi any public hall or room in which dancino 
rinks regulated, or roller skating is practiced, and for admission to which money or other 

1<)06, 384. o I 

§§ 1.2. 



valuable thing is accepted, shall admit, while dancing or roller skating 
is practiced therein between six in the afternoon and six in the fore- 
noon, any person under seventeen unless such person is accompanied 
by a parent, guardian or adult member of the family with whom such 
person is residing; and any minor may be refused admission to or ex- 
cluded from any such hall or room while a dance or roller skating is 
being carried on therein, unless such minor produces evidence satisfactory 10 
to the proprietor or his agent that he is over seventeen. This section 11 
shall not apply to a dance given by any charitable or religious society, 12 
or by any public or private school, or by any class, .society or club the 13 
membership of which is restricted to some particular charitable or reli- 14 
gious society or to some particular public or private school. 15 

Postmgcopy Section 199. A copy of sections one hundred and ninety-eight to 1 

1006, 384, § 3. |.^^,Q hundred, inclusive, .shall be posted at the entrance of every public 2 

hall or room where roller skating or public dances are practiced. 3 

I'loe'ss^ § 4 Section 200. Whoever violates any provision of the two preceding 1 
sections shall be punished by a fine of not less than five nor more than 2 
one hundred dollars or by the forfeiture of his license, or both. 3 



Officers may 
enter billiard 
rooms, etc. 
1835, 429, § 2 
1859, 219. 
G. S. 88, § 72. 
1S02. 222. 
ISSO, '.)4, 
P. S. 102, § 123. 
1885, 196, § 3; 
309, § 3. 
K. L. 102, 
§ 185. 



Form, etc., of 
certain licenses. 
1839, 53, § 2. 
1855, 121, § 2. 
G. S. 88. 
§§ 26, 29. 
1876, 147, § 1. 

1879, 102, § 3. 

1880, 84; 94. 
P. .S. 102, § 124. 
1882, 258. 
1885. 196, § 1; 
309, § 1 ; 

323. § 2. 
189-5, 497, 
R. L. 102, i 
1902. 1S7, 
§§ 4, 5, 



§2. 
) 186. 



Section 201. A sheriff, marshal or their deputies, a constable or 1 

police officer may at any time enter a billiard, pool or sippio room, bowling 2 

alley, skating rink, the licensed premises of a common victualler or room 3 

connected therewith, or a grove required to be licensed under section one 4 

hundred and eighty-eight, or any building therein, for the purpose of en- 5 

forcing any law; and whoever obstructs or hinders the entrance of such 6 

officer shall be punished by a fine of not less than five nor more than 7 

twenty dollars. 8 

Section 202. Licenses granted to keepers of intelligence offices, 1 

dealers in junk, old metals and second hand articles, junk collectors, 2 

pawnbrokers and keepers of billiard saloons, pool or sippio rooms or 3 

tables, bowling alleys, skating rinks and picnic groves shall, except as 4 

hereinafter provided, be signed by the clerk of the town where they are 5 

granted. Every such license shall, before being deli^•ered to the licensee, 6 

be recorded by the town clerk, in a book kept for that purpose. Such 7 

license shall set forth the name of the licensee, the nature of the biisi- 8 

ness, and the building or place in such town in which it is to be carried 9 

on, and shall continue in force until May first following unless sooner 10 



Chap. 141.] 



SUPERVISION OF ELECTRICIANS. 



1451 



11 revoked. The board or officer issuing such a hcense shall, except as woo, 201, § lo. 

12 provided in section seventy-seven, receive for the use of the town such 4"op. Tg. 

13 amount, not less than two dollars for each license, as the board or 

14 officer considers reasonable. In Boston licenses for keepers of billiard 

15 saloons, pool or sippio rooms or tables, bowling alleys, skating rinks and 

16 picnic groves shall be signed by the licensing board and recorded by its 

17 clerk; the other licenses shall be signed by the police commissioner and 
IS recorded by his clerk. 

1 Section 203. Such licenses may be granted in April, to take effect on Term of 

2 May first following. isvg, 147, § 2. p. s. 102, § 125. r. l. 102, § isr. '-ceuses. 

1 Section 204. A license issued as aforesaid shall not protect the License valid 

2 holder thereof in a building or place other than that designated in the BpeoiSecf! ""^^ 

3 license unless consent to removal is granted by the licensing board or F.'i.'iol.'iiie. 

4 officer. r. l. 102, § iss. 



1 Section 205. Upon the revocation of such a license, such clerk shall ^n[°™Je°" 

2 note the revocation upon the face of the record thereof, and shall give ^'^'•iQ.hiy-i'j 

3 written notice to the licensee by delivering it to him in person or by leav- R-^l. icS, 

4 ing it at the place of business designated in the license. 



§ 189. 



REFERENCES. 

Other provisions relative to matters dealt with in this chapter: 
Boarding and lodging house keepers, liens, Chap. 255, § 23. 
Dogs, chasing deer, Chap. 131, § 65. 

Penalty for steahng, Chap. 266, § 47. 

Power of director of division of fisheries and game, wardens, etc.. Chap. 
130, § 4. 
Licenses for hospitals, dispensaries, etc.. Chap. Ill, §§ 53, .59, 71, 1.55. 
Night watcluncn in hotels and rope fire escapes, Cliap. 143, §§ 44-47. 
Smoke nuisance in Boston and vicinity, 1910, 651. 
§ 115. In metropolitan district, state fire marshal to grant licenses under this section, 
Chap. 14.S, § 30. 



CHAPTER 141 



SUPERVISION OF ELECTRICI.A.NS. 



Sect. 

1. Registration of persons, firms, etc., to 

install wires or apparatus for electric 
light purposes, etc. Definitions. 

2. State examiners of electricians. Rules, 

examinations, etc. 

3. Forms of licenses. 

4. Certificates not transferable. May be 

suspended or revoked. 



Sect. 

5. Penalties. 

6. Liability of holder of a master's certifi- 

cate. 
Not to apply to certain work. 
Exemption of apprentices and certain 

electricians. 
Penalty for misstatement. 
Disposition of fees and fines. 



7. 

8. 



9. 
10. 



1 Section 1. No person, firm or corporation shall enter into, engage Registration of 

2 in, or work at the business of installing wires, conduits, apparatus, fix- et'oTt'omst'afi' 

3 tures or other appliances for carrying or using electricity for light, heat app'ifra'tus 

4 or power purposes, either as master electrician or as journeyman elec- light'puVposes, 

5 trician, unless such person, firm or corporation shall have received a fte 

/-.!• 1 -r-if. Ill • i?i Definitions, 

D license and a certificate thereior, issued by the state examiners oi elec- I'Jio, 290, § 1. 

7 tricians and in accordance with the provisions hereinafter set forth. 



1452 



SUPERVISION' OF ELECTRICIANS. 



[Chap. 141. 



"Master elec- 
trician" defined. 



"Journeyman 

electrician" 

defined. 

4 Op. A. G. 

496. 

State examiners 
of electricians. 
Rules, exami- 
nations, etc. 
1915, 296, I 2. 



Annual report. 

Conduct of 
examinations, 

225 Mass. 192. 
4 Op. A. G. 
631. 



The words "master electrician" as used in this chapter shall mean a S 
corporation, firm or person, having a regular place of business, who, by 9 
the employment of journeymen, performs the work of installing wires, 10 
conduits, apparatus, fixtures and other appliances for carrying or using 11 
electricity for light, heat or power purposes. 12 

The words "journeyman electrician " as used in this chapter shall mean 13 
a person doing any work of installing wires, conduits, apparatus, fixtures 14 
and other appliances for hire. 15 



Section 2. The state examiners of electricians, in this chapter called 1 
the examiners, may make necessary rules for the proper performance of 2 
their duties. 3 

They shall hold frequent examinations in Boston, and, twice in each 4 
year, shall hold examinations in at least five other convenient places 5 
within the commonwealth, and they may hold annual or occasional exam- 6 
inations in other places. Public notice shall be given of all examinations. 7 

They shall make an annual report of their doings. 8 

In the conduct of the examinations they shall make uniform require- 9 
ments for all towns, which may be revised from time to time, as circum- 10 
stances require. Said examinations shall be sufficiently frequent to give 11 
ample opportunity for all applicants to be thoroughly and carefully ex- 12 
amined, may be written or in practical work, and may be supervised by 13 
one or more of the examiners, but no license shall be granted without 14 
the sanction of the examiners. 15 



Forms of 
licenses. 
1915, 296, 
§§2,3. 

1918,213, § 1; 
257, § 342. 

1919, 2: oG; 
333. § 8. 

1920, 2. 

4 Op. A. G. 631. 



Fees. 



Re-examina- 
tion. 



Expiration 
and renewals, 
"Certifi- 
cate A." 



Section 3. Two forms of licenses shall be issued. The first, herein- 
after referred to as "Certificate A", shall be known as "master elec- 
trician's license", and the second, hereinafter referred to as "Certificate 
B", shall be known as "journeyman electrician's license". 

(1) "Certificate A" shall be issued to any person, firm or corporation 
engaged in or about to engage in the business of installing electrical 
wires, conduits, apparatus, fixtures and other electrical appliances, qual- 
ified unfler this chapter. The certificate shall specify the name of the 
person, firm or corporation so applying, and the name of the person, who 
in the case of a firm shall be one of its members, and in the case of a cor- 
poration, one of its officers, passing said examination, by which he or it 
shall be authorized to enter upon or engage in business as set forth therein. 
The holding of " Certificate A " shall not entitle the holder individually to 
engage in or perform the actual work of installing electric wires, conduits 
and appliances as previously described in this chapter, but shall entitle 
him to conduct business as a master electrician. 

(2) "Certificate B" shall be granted to any person who has passed an 
examination before the state examiners of electricians. It shall specify 
the name of such person, who shall thereby be authorized to engage in 
the occupation of a journeyman electrician. 

(3) Persons desiring an examination shall make ^^Titten application 
therefor, accompanied by the proper fee, which shall be twenty-five 
dollars for "Certificate A" and one dollar for "Certificate B". An 
applicant failing in his examination shall not have his fee returned to 
him, but shall be entitled to one free re-examination. For each subse- 
quent re-examination for "Certificate A", he shall pay fifteen dollars 
and for "Certificate B", fifty cents. 

(4) Each " Certificate A" shall expire on July thirty-first in each year, 
but may be renewed by the same person, or the same firm or corpora- 



1 

2 

3 
4 
5 
6 



9 
10 
11 
12 
13 
14 
15 
IG 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 



Chap. 141.] supervision of electricians. 1453 

30 tion, acting by one or more of its members or officers, without further 

31 examination, upon payment of a fee of fifteen dollars, application therefor Fee. 

32 being made during the preceding month. 

33 (5) Each " Certificate B " shall expire on July thirty-first in each year, Expirations. 

34 but may be renewed upon paj-ment of a fee of fifty cents, and upon the cat'e b.-'"' ' 

35 same conditions set forth in the preceding paragraph. 

36 (6) Holders of "Certificate A" shall keep their certificate of registra- Holders to 

37 tion displayed in a conspicuous place in their principal offices or places of tJfiratls.Ttc. 

38 business. Holders of "Certfficate B" shall be furnished by the exam- 

39 iners with evidence of having been so licensed, in card form or otherwise, 

40 which shall be carried on the person of the licensee and exhibited on 

41 request. 

42 (7) Any certificate expiring while the holder thereof is in the military 

43 or naval service of the United States shall be renewed without further 

44 examination, upon payment of the prescribed fee, at any time within four 

45 months after such person's discharge from the service. 

46 (8) Examination papers and applications for "Certificate A" and E^^^mination 

47 " Certificate B " shall be preserved for at least three years, after which PJ^'g"^^- 

48 time they may, at the discretion of the examiners, be destroyed. 

49 (9) Records of the meetings of the examiners shall be open for inspec- Records to be 

50 tion at all times, and they shall have printed annually a manual of their ef™ '° "" 

51 regulations, including the names of all licensees. 

1 Section 4. No certificates issued under this chapter shall be assign- CertiScites 

2 able or transferable. They may, after hearing, be suspended or revoked abie.'^''May be 

3 by the examiners upon failure or refusal of the licensee to comply with revoked'"' ""^ 

4 the rules and requirements of the examiners, or for other sufficient cause. J^Jg' J^^| 1 1; 

1 Section 5. Any person, firm or corporation, or employee thereof, and fg^l'Mo, 5 5. 

2 any representative, member or officer of such firm or corporation indi- 

3 vidually, entering upon or engaging in the business and work hereinbefore 

4 defined, without having complied with this chapter, shall for the first 

5 offence be punished by a fine of not less than ten nor more than one 

6 hundred dollars, and for a subsequent offence by a fine of not less 

7 than fifty nor more than five hundred dollars or by imprisonment in the 

8 house of correction for six months, or both. 

1 Section 6. No person, firm or corporation holding a " Certificate A" ^ifder'^ a' 

2 shall be liable for work done by his or its employees, unless it appears ^^^^'^^ ""' 

3 that such work was done with his or its knowledge or consent or by his wis, 296, § 0. 

4 or its authorization. 



1 Section 7. This chapter shall not apply to the installation, repairing Not to apply 

2 and wiring of elevators or to work in connection with the erection, con- work. 

3 struction, maintenance or repair of lines for transmission of electricity ^^^^' 

4 from the source of supply to the ser^•ice switch on the premises where used 

5 by municipal electric plants, by electric companies as defined in section 

6 one of chapter one hundred and sixty-four, by gas companies author- 

7 ized to make or sell electricity, by electric street railway companies, by 

8 electric railroad companies or by railroad companies; nor to the work 

9 of such plants or companies on premises owned or controlled by them; 

10 nor to the work of said municipal electric plants or of said electric or gas 

11 companies in installing, maintaining and repairing, on the premises of 

12 customers, service connections and meters and other apparatus and 



1454 



SUPERVISION OF PLUilBIXG. 



[Chap. 142. 



appliances remaining the property of such plants or companies after 13 
installation; nor to work in connection with the lighting of public ways, 14 
alleys, private ways or private or public parks, areas or squares; nor to 15 
the work of companies incorporated for the transmission of intelligence 16 
by electricity in installing, maintaining or repairing wires, apparatus, 17 
fixtures or other appliances used by such companies and necessary for 18 
or incident to their business, whether or not such wires, conduits, appa- 19 
ratus, fixtures or other appliances are on its own premises. 20 



Exemption c 
apprenticei? : 
certain elec- 
tricians. 
1915. 296. § 
4 Op. A. G. 
496. 



nd Section 8. This chapter shall not forbid the emplojTnent of learners 1 

or apprentices working with and under the direct personal supervision of 2 

*■ licensed journeymen electricians. 3 

Electricians employed by theatrical companies may install temporary 4 

■u"iring and appliances required for the purpose of the engagement of any 5 

such company, subject to the super\ision of a person licensed under this 6 

chapter. 7 

Electricians regularly employed by firms or corporations other than 8 

holders of "Certificate A" may install such electrical wiring, conduits 9 

and appliances or make such repairs as may be required only on the prem- 10 

ises and property of such firms or corporations; pro\'ided, that such 11 

electricians hold journeymen's licenses, and ha^vB complied with this 12 

chapter. 13 

mlssteLuInt. SECTION 9. Any person applying for a journeyman's license and 1 

1918! 257' * °' making any misstatement as to his experience or other qualifications, or 2 

liio's ^^^y Person, firm or corporation subscribing to or vouching for any such 3 

1920! 2. misstatement, shall be subject to the penalties set forth in section five. 4 

Se?and fines^ SECTION 10. Fccs and fiucs collcctcd Under this chapter shall be paid 1 

1913, 296, § 6. to the commonwealth. 2 

REFERENCE. 
§ 2. Certain state officials to be state examiners of electricians, Chap. 13, § 32. 



CHAPTER 142. 



SUPERVISION OF PLUMBING. 



1. Definitions. 

2. Application of cliapter. 

3. Master plumbers and journej-men 

must be licensed, etc. 

4. Rules for examinations of plumbers, etc. 

5. Fees for licenses, examination and re- 

newals. 

6. Licenses valid throughout common- 

wealth. Registration. Revocation 
of licenses. 

7. Temporary suspension of license for 

violation of statute, etc. 

8. Rules as to construction, etc., in cer- 

tain towns. Revision of rules. 

9. Appointment and compensation of in- 

spectors of plumbing. Appeal from 
inspector's decision, etc. 



Sect. 

10. Inspection districts. 

11. Appointment and duties of inspectors 

in cities and in certain towns. 

12. Appointment of additional inspectors. 

13. Regulation of plumbing, fi.xtures, etc. 

14. Sections 1 to 16 to apply to persons 

learning business, when. 

15. Expenditure of fees. 

10. Penalty for certain violations. Penalty 

for violation by towns. 
17. Marking, etc., of range boilers. 
IS. Same subject. 

19. Penalty for violation of sections 17 

and 18. 

20. Exception to sections 17, IS and 19. 



Chap. 142.] supervision of plitmbing. 1455 

1 Section 1. In this chapter the following words shall have the fol- fs|4''455""i j 

2 lowing meanings: mn-f;' «r'Io' 
d L ertihcate , a certmcate or registration issued m accordance with 219 Mass. 3.3. 

4 section three of chapter five hundred and thirty-six of the acts of nine- Jop. a. G.252. 

5 teen hundred and nine, section two of chapter five hundred and ninety- 

6 seven of the acts of nineteen hundred and ten or chapter ^xe hundred 

7 and eighteen of the acts of nineteen hundred and twelve. 

8 "Examiners", state examiners of plumbers appointed under section 

9 ten of chapter seventeen. 

10 "Journeyman", a person who himself does any work in plumbing sub- 

11 ject to inspection under any law, ordinance, by-law, rule or regulation. 

12 "Master plumber", a plumber having a regular place of business and 
1.3 who, by himself or journeymen plumbers in his employ, performs plumb- 

14 ing work. 

15 "Practical plumber", a person who has learned the business of plumb- 

16 ing by working for at least two years as an apprentice or under a verbal 

17 agreement for instruction and who has then worked for at least one year 
IS as a journeyman plumber. 

19 "Registered", registered in accordance with section three of chapter 

20 five hundred and thirty-six of the acts of nineteen hundred and nine, 

21 section two of chapter five hundred and ninety-seven of the acts of nine- 

22 teen hundred and ten or chapter five hundred and eighteen of the acts of 

23 nineteen hundred and twelve. 

1 Section 2. Sections one to seven, inclusive, sections eleven and ^f^l'^pll°° 

2 twelve and sections fourteen to sixteen, inclusive, shall apply to all is^s. 453. ^^ 

3 cities, and section thirteen shall applv to all cities except Boston; pro- 1909,' sae,' § s. " 

4 \'ided, that any such city except Boston may by vote of its city council 1911! 202.' 

5 exempt from thfe pro\-isions of said sections any or all of its territory 

6 Ijing outside of the limits of the water supply of such city, or uncon- 

7 nected ^^^th a common sewer. Sections one, three, six and scA'cn and 

8 sections eleven to sixteen, inclusive, shall apply to all to^^•ns which by 

9 vote of their inliabitants accept said sections or have accepted cor- 

10 responding proAisions of earlier laws, and said sections, except section 

11 tliirteen, shall apply to all towns which accept rules formulated by the 

12 examiners under sections eight and nine or have accepted them under 

13 corresponding pro\'isions of earlier laws. 

1 Section 3. No person shall engage in the business of a master Master 

2 plumber or work as a journeyman unless he is lawfully registered, or has foumeyme" 

3 been licensed by the examiners as pro\ided in tliis chapter. The license iTcensed, etc 

4 or certificate of a journeyman shall be exliibited whenever required by isM'tsl'f/' 

5 an inspector of plumbing. Every master plumber's license or certificate fgmM'i}- 
G shall at all times be displayed conspicuously VAithin liis place of business. 213 iiass. iss. 

217 Mass. 134. 219 Ma.ss. 219. 4 Op. A. G. 252. 

1 Section 4. The examiners may make such rules as they deem neees- Rules for 

2 sary for the proper performance of their duties, which shall take effect of plumber".^ 

3 when approved by the department of public health. They shall examine f^Q^^ 477^ 

4 each applicant desiring to engage in the business of a master plumber or 1894' 455 

5 to work as a journeyman, as to his practical knowledge of plumbing, fJ^^jg, 

6 house drainage and plmnbing ventilation, and subject him to a practical §§2,4. 

7 test satisfactory to the examiners, who if satisfied of his competence shall 225 Mass'. 192. 

8 issue to him a license as applied for. They shall hold frequent examina- 



1456 



SUPERVISION OF PLUMBING. 



[Chap. 142. 



tions in Boston and, twice in each year, hold examinations at five other 9 
convenient places within the commonwealth. Public notice shall be 10 
given of all examinations. Every application for examination shall be 11 
in the handwriting of the applicant who shall be notified by the exam- 12 
iners of the time and place of examination. The examiners may, without 13 
payment of any fee, issue a probationary license in force for six months to 14 
a person who, having worked as an apprentice, or under a verbal agree- 15 
ment for instruction, for not less than three years, presents an appHca- 16 
lion therefor with the signed endorsement of his employer agreeing to be 17 
responsible for all work done under the license and to have the licensee, 18 
at the expiration of the license, present himself for examination as a 19 
journeyman. 20 



Fees for 
licenses, 
exaniination 
and renewals. 

1893, 477. I 4. 

1894, 455. I 4. 



Section 5. The fee for the license of a master plumber shall be two 1 
dollars; for examination and for renewals fifty cents each; for the license 2 
of a journeyman fifty cents each. r. l. io3, § 4. 1909, 530, § 3. 3 



Licenses 
valid 

throughout 
common- 
wealth. 
Registration. 
Revocation of 
Ucenses. 

1893, 477, 5 4. 

1894, 455, § 4. 
R. L. 103, § 4. 
1909, 536, § 4. 
Op. A. G. 
(1920) 106. 



Section 6. Licenses and certificates issued by the examiners shall 1 
be valid throughout the commonwealth. The examiners shall forward 2 
to the board of health of each town, or to the inspector of buildings 3 
having control of the enforcement of regulations relative to plumbing in 4 
such town, the names and addresses of all persons in such town to whom 5 
such licenses have been granted. Licenses shall be issued for one year 6 
and may be renewed annually on or before May first upon pajment 7 
of the required fee. Each holder of a master plumber's certificate or 8 
license shall register his name and business address with said inspector of 9 
buildings if he has such control, otherwise with the board of health, in 10 
the town wherein he desires to engage in business as a master plumber. 11 
The examiners may, after notice and hearing, revoke the license of a 12 
licensee violating any regulation relative to plumbing who has previously 13 
been convicted of a like offence. 14 



Temporary 
suspension of 
license for 
violation of 
statute, etc. 
1909, 536, § 4. 



Section 7. If in the opinion of such inspector of buildings, if any, 1 

otherw-ise of the board of health, of a town, the holder of a license or cer- 2 

tificate violates any statute, ordinance, by-law, rule or regulation relative 3 

to plumbing, the said inspector or board of health of the town where such 4 

violation is committed may request the examiners to forbid such holder, 5 

for not more than thirty days, to engage in business in such town as a 6 

master plumber or to work as a journeyman. After notice and hearing 7 

both parties, the examiners maj' so forbid such holder and shall give 8 

notice of their decision to each of the parties interested. 9 



Rules as to 
construction, 
etc., in certain 
towns. 
Revision 
of rules. 
1909, 536, § 5. 



Section 8. Upon petition of the board of health of any town wliich 1 

has not prescribed regulations relative to plumbing under section tliir- 2 

teen or corresponding proAisions of earher laws, the examiners shall 3 

formulate rules relative to the construction, alteration, repair and in- 4 

spection of all plumbing work within such town, wliich rules, when 5 

approved by the department of public health and accepted by the said 6 

board of health and published once a week for tliree consecutive weeks 7 

in some newspaper published in said town, shall have the force of law. 8 

Such rules may be re\'ised by the examiners upon petition of the board 9 

of health. 10 



Ch.\P. 142.] SUPERVISION OF PLimBING. 1457 

1 Section 9. Within thirty days after rules have taken effect as pro- Appointment 

2 vided in the preceding section, the local board of health shall appoint an sation™}"*" 

3 inspector of plumbing having the qualifications and duties specified in pluStblng! °' 

4 sections eleven and twelve to hold office for three years unless, after inspector™™ 

5 hearing, sooner removed for cause. He shall receive from the town com- ?^n'n'°=:'J'/*f ,= 

6 pensation to be fixed by the appomtmg board, subject to the approval of 

7 the selectmen. Appeal from a decision of such inspector may be made to 

8 the examiners within ten days from the date of notice of his decision.- 

9 The appellant shall deposit five dollars with the examiners to be returned 

10 if the appeal is sustained, otherwise to be paid to the commonwealth. 

11 The decision of the examiners, a copy of which shall be served on each 

12 person interested, shall be subject to the approval of the department of 

13 public health and to review by the superior court. 

1 Section 10. Two or more towns may unite in forming an inspection inspection 

2 district, the expense thereof to be paid on such basis as may be agreed igMlM'e, § 6. 

3 upon by the boards of health thereof. 

1 Section 11. The said inspector of buildings, if any, otherwise the Appointment 

2 board of health, of each city and town, shall, ^^ithin three months after p? inspectors 

3 it becomes subject to sections one to sixteen, inclusive, appoint from SnceTTain"'' 

4 the classified ci\'il ser\-ice list one or more inspectors of plumbing who ^ggs^i?? 5 5 

5 shall be practical plumbers and shall have had practical experience i|9|^ Hi § 5. 

6 either as master plumbers or journejinen, continuously, during five R- l' los, § 5. 

7 years next preceding their appointment. Such inspector of buildings 

8 or board may remove them for cause shown and shall, subject to, ap- 

9 proA^al of the city council or selectmen, fix their compensation which 

10 shall be paid by the city or town. Said inspectors of plumbing shall 

11 inspect all plumbing in process of construction, alteration or repair for 

12 which permits are granted \\ithin their respective cities and towns and 

13 shall report to their appointing power or board violations of any law, 

14 ordinance, by-law, rule or regulation relative to plumbing; they shall 

15 perform such other appropriate duties as may be required. The ap- 

16 proval of plumbing by any inspectors other than those provided for by 

17 this chapter shall not be a compliance therewith. 

1 Section 12. No inspector of plumbing shall inspect or appro\e any Appointment 

2 plumbing work done by himself, his employer, employee or one employed hispectorT'' 

3 with him, but in a city or to^Mi subject to sections one to sixteen, in- r.^l.Ios, §6. 

4 elusive, the said inspector of buildings, or the board of health, shall in 

5 the manner pro^^ded in the preceding section appoint an additional 

6 inspector of plumbing as therein pro\ided, who shall inspect plumbing 

7 so done. Said additional inspector may act in the absence or disabiUty 

8 of the local inspector and for his ser\-ices shall receive like compensation. 

9 This section shall not apply to any city or town establisliing an amiual 

10 salary for the inspector of plumbing, and in such city or town the in- 

11 spector of plumbing shall not engage in or work at the business of 

12 plumbing. 

1 Section 13. Each city, except Boston, and each town which has Regulation of 

2 five thousand inliabitants or more or which has a system of water supply g'"'"'''°^' 



fixtures, etc. 



3 or sewerage, shall by ordinance or by-law prescribe regulations for the Utt Ijf, [ 

4 materials, construction, alteration and inspection of all pipes, tanks, jigl; 4^ ;,; | {■ 

5 faucets, valves and other fixtures by and through which waste water or f-^^- 1°'-^^ \Jy^ 



1458 



SUPERVISION OF PLUMBING. 



[Chap. 142. 



sewage is used and carried; and shall provide that such pipes, tanks, 6 

faucets, valves or other fixtiues shall not be placed in any building in such 7 

city or town, except in accordance ^\-ith plans approved by said inspector 8 

of buildings, if any, other^\-ise by the board of health; and shall further 9 

proN-ide that no plumbing shall be done, except to repair leaks, -without a 10 

permit first being issued therefor, upon such terms and conditions as 11 

such cities or towns shall prescribe. This section shall not prevent boards 12 

of health from making such regulations relative to plumbing and house 13 

drainage authorized by law prior to July sixth, eighteen hundred and 14 

ninety-four, as are not inconsistent with any ordinance or by4aw made 15 

under authority of this section. 16 

1 to''?6 to Section 14. Sections one to sixteen, inclusive, shall apply to all 1 

p?re?ns°ieara- persous learning the business of pliunbing when they are sent out to do 2 

when"'''°^^^' the work of a jom-ne;yman. iso*. 453, § 9. r. l. 103, § 9. 3 



Expenditure 
of fees. 

1S94, 455, § 11. 
R. L. 103, § 11. 



Section 1.5. Inspectors of buildings and boards of health may ex- 
pend such portion of the fees collected by them under tliis chapter as is 
necessary to properly perform the duties imposed thereby, and they shall 
annually, before June first, make a detailed report to their respective 
cities or towns of all their proceedings under sections one to sixteen, 
inclusive, during the preceding year. 



Penalty for 
certain viola- 
tions. 

Penalty for 
violation by 
towns. 
1888, 105, § 2. 

1893, 477, § 7. 

1894, 455, § 8. 
R. L. 103, § 8. 
1909, 536, § 10. 
1914, 287. 

225 Mass. 192. 



Section 16. Every person engaged in the business of a master 1 
plumber or working as a journejonan not lawfully registered or licensed, 2 
if required by tliis chapter; and every person engaging in or working 3 
at the business of plumbing in a city or town when forbidden so to 4 
do under section seven; and every master plumber who engages or 5 
employs any person to work as a journeyman who has not been so regis- 6 
tered or licensed; and every person violating any p^o^^sion of sections 7 
one to fifteen, inclusive, of this chapter or any ordinance, by-law, rule 8 
or regulation made thereunder, shall be punished by fine not exceeding 9 
fifty dollars. Any city or town subject to the preceding sections of 10 
tliis chapter neglecting to comply -nith any of its pro\-isions shall forfeit 1 1 
fifty dollars to the use of the commonwealth for each month during 12 
which such neglect continues. 13 



Marking, etc., 
of range 
boilers. 
1916, 154, § 1. 



Section 17. No range boiler shall be sold or offered for sale unless 
its capacity is plainly marked thereon in terms of Massachusetts stand- 
ard liquid measure, and with the maker's business name, in such manner 
as to be easily identified. 



Same subject. 

1916, 154, § 2. 

1917, 39, § 1. 



Section 18. No copper, iron or steel pressure range boiler, plain 1 

or galvanized, or other vessel or tank in which water is to be heated 2 

under pressure, shall be sold or offered for sale -without having stamped 3 

thereon the maker's guarantee that it has been tested to not less than 4 

two hundred pounds hydraulic or hydrostatic pressure to the square 5 

inch, together with the maximum working pressure at which it may be 6 

installed. And no such boiler, or other vessel or tank in which water is 7 

to be heated under pressure, shall be installed if the working pressure is 8 

greater than forty-two and one half per cent of the guaranteed test pres- 9 

sure marked thereon by the maker. 10 



Chap. 143.] 



INSPECTION OF BUILDINGS, ETC. 



1459 



1 Section 19. Whoever sells or offers or exposes for sale any range Penalty for 

2 boiler not marked or stamped as provided in the two preceding sections, S^uonTi? 

3 or which is falsely marked as having a capacity which is greater by seven !l9?6!ts4, § 3. 

4 and one half per cent than its true capacity, or who marks or causes the ^^"- ^^' ^ ^■ 

5 same to be marked with such false capacity, shall be pvmished by a fine 

6 not exceeding fifty dollars. The inspectors of plumbing within their 

7 respective cities and towns shall cause this and the two preceding sec- 

8 tions to be enforced. 

1 Section 20. The tliree preceding sections shall not apply to the sale Esception to 

2 or offering for sale of installed range boilers or to the sale or offering for if "nd^o!' 

3 sale of range boilers as junk. i9i6, 154, 5 4. 



CHAPTER 143 



INSPECTION AND REGULATION OF, AND LICENSES FOR, BUILDINGS, 
ELEVATORS AND CINEMATOGRAPHS. 



Sect. 

general provisions. 

1. Definitions. 

2. Height of buildings in cities. 



INSPECTION OF BUILDINGS. 

3. Regulations by cities and towns. 

4. Building limits in towns. 

6. Certain structures common nuisances. 

6. Inspector of buildings. 

7. Time allowed to remove or repair un- 

safe structure. 

8. Proceedings on failure to remove or 

repair. 

9. Dangerous structure to be removed 

or repaired by building inspector. 
Penalty. 

10. Person aggrieved may apply for jurj-. 

11. Notice to non-resident. 

12. Restraining illegal construction, etc. 

13. State inspector may inspect in certain 

cities and towns. 

14. Dangerous structures to be removed or 

repaired. 

15. Construction of public buildings. 

16. Penalty. 

17. Temporary flooring during construction. 

18. Same subject. 

19. Penalty. 

20. Hatchways, etc., to be protected. 

21. Fire escapes, exits, etc. 

22. Fire escapes to be kept clear. 

23. Stairways to be kept clear. 

24. Fire extinguishers, etc. 

25. Wooden flues, etc., prohibited. 

26. Construction of theatres. 

27. Fire resisting partition, curtains, etc. 

28. Certificate of inspection. 



Sect. 

29. Application for certificate. 

30. Notice of change in use of building. 

31. Notice of failure to conform to law. 
Schoolhouses in cities to have fire es- 
capes. 

Cities may require three storj' build- 
ings to conform to this chapter. 
Licenses for theatres, etc. 
Liability of licensee. 
Inspection of theatres, etc. 

37. Reports to be kept on fUe. 

38. Copies of ratings, etc., to be sent to 

licensee. Penalty for non-compli- 
ance with order. 

Copy of ratings, etc., may be posted. 

Penalty for false statement, etc. 

Penalty for giving or receiving free pass. 

Ventilation and sanitation. Inspection 
by department of public health. 

Joint owner, etc., may provide fire es- 
cape. 

Watchmen in hotels, etc. 

Modification of preceding section. 

Further provisions for protection of life 
may be prescribed. Penalty. 

47. Rope fire escapes in hotels, etc. 

48. Inspection of hotels, etc. 

49. Certificate of inspector prerequisite to 

license. 

50. Penalty for hindering inspector, etc. 
61. Owner must see that law is obeyed. 

52. Penalty for unlicensed use as theatre, 

etc. 

53. General penalty. 

54. Enforcement. 

55. Appeal. 

56. J'ees for experts. 

57. Restraining illegal erection, etc. 



32. 

33. 

34. 
35. 
36. 



1460 



INSPECTION OF BUILDINGS, ETC. 



[ClL\P. 1-13. 



Sect. 

58. Concurrent jurisdiction of inferior 

courts. 

59. Enforcement of inspectors' orders. 

60. Restraining illegal use, etc., of build- 

ings. 

61. Notice to assessors of permits for build- 

ing. 

ELEV.4T0RS. 

62. Installation and inspection. 

63. Test of safety devices. 

64. Report of inspection. 

65. Certificate of inspection to be posted 

in elevator. 

66. Report of accidents and of defective ele- 

vators. 

67. Petition for changes in regulations. 

68. Board to amend regulations. 

69. Establishment of regulations. 



Sect. 

70. .4ppea!. 

71. Penalty. 

CINEMATOGRAPHS. 

72. Regulation. 

73. Inspection. 

74. Fee for inspection. 

75. Licenses. 

7C. Assistant's permit. 

77. Second class license. 

78. First class license. 

79. Eligibility for examination. 
SO. Special license. 

81. Suspending or revoking license or permit. 

82. Permits for special exhibitions. 

83. Application of certain sections. 

84. Penalty. 

85. Special licenses for operators in 

churches, schools, etc. 



Definitions. 
R. L. 104, § 14. 
1904,450, I 1. 
1913, 610, § L>; 
655, §§ 14. 
30, 39. 41; 
S06, 5 1. 



2 Op. A. G. 564. 



GENERAL PROVISIONS. 

Section 1. In this chapter the following terms, unless a contrary 1 

meaning is required by the context or is specificallj'' prescribed, shall have 2 

the following meanings: 3 

"Alteration", changes in or addition to a building. 4 

"Department", department of public safety. 5 

"Inspector", an inspector of the division of inspection of the depart- 6 

ment of public safety, except that in sections tliirty-four to thirty-eight, 7 

inclusive, "inspector" shall include the inspectors of the building de- 8 

partment of Boston and in sections sixty-tliree to sixty-six, inclusive, 9 

"inspector" shall include a building inspector of a city or town. 10 

"Inspector of buildings", a building inspector of a city or town. 11 

"Miscellaneous hall", a building or part thereof containing an as- 12 

sembly hall with a seating capacity of not more than four hundred, a 13 

society hall, or a hall in a public or private school building. 14 

"Public building", any building or part thereof used as a public or 15 

private institution, schoolhouse, church, theatre, special hall, public hall, 16 

17 
18 
19 
20 
21 
'>2 



miscellaneous hall, place of assemblage or place of public resort 

"Public hall", any building or part thereof, except theatres, armories, 
churches and schools, containing an assembly hall with a seating capacity 
of more than four hundred and used for public gatherings and for such 
entertainments, not requiring the use of scenery and other stage appli- 
ances, as the licensing officer may approve. 

"Repair", the reconstruction or renewal of a building or part thereof 23 
damaged by fire or other cause. 24 

"Special hall", a building or part thereof containing an assembly hall 25 
with a seating capacitj^ of more than four hundred which may be used 26 
for occasional performances for the entertainment of spectators, with the 27 
use of scenery under such conditions as the licensing officer shall direct, 28 
and for public gatherings. 29 

"Story", any horizontal portion through a building between floor and 30 
ceiling of which the ceiling is six feet or more above the average grade 31 
of the sidewalk or ground adjoining. 32 

"Supervisor of plans", an inspector of the division of inspection of the 33 
department of public safety designated by the commissioner of public 34 



ClLiP. 143.] INSPECTION OF BUILDINGS. 1461 

35 safety to receive the plans and specifications of all buildings subject to 

36 this chapter, to be erected or in which alterations are to be made, and 

37 to act officially upon them under the direction of the chief of inspections 

38 of the department of public safety. 

39 "Theatre", a building or part thereof in which it is intended to make 2 0p. a. g.s64. 

40 a business of the presentation of performances for the entertainment of 

41 spectators, which has a seating capacity of more than foiu- hundred, with 

42 a stage which can be used for scenery and other stage appliances. 

1 Section 2. In a city no building shall be erected to a height of more Height of 

2 than one hundred and twenty-five feet above the grade of the street; citles"^^ '° 

3 but this restriction shall not apply to grain or coal elevators or sugar r*^l! 26, § 37. 

4 refineries, nor to steeples, domes, towers or cupolas erected for strictly iu'^u^a'Qi.^^' 

5 ornamental purposes, of fireproof material, on buildings of the above 

6 height or less. The supreme judicial or superior court may enforce this 

7 section and restrain any violation thereof. Tliis section shall not apply 

8 to Boston. 

inspection of BmLDINGS. 

1 Section 3. Every city, except Boston, and every town which accepts Regulations 

2 this section or has accepted corresponding pro\'isions of earlier laws towns!'^^'"' 

3 may, for the prevention of fire and the preservation of life, health and §§^'2. 4.' 

4 morals, by ordinances or by-laws consistent with law and applicable fsw.^si',! n. 

5 tliroughout the whole or any defined part of its territory, regulate the f^^- ^°*- 5 1- 

6 inspection, materials, construction, alteration, repair, height, area, loca- }23\P,^'l-2 

7 tion and use of buildings and other structures within its limits, except 143 Mass! 593! 

8 such as are owned or occupied by the United States or by the common- 203 mSs! 241! 

9 wealth, and except bridges, quays and wharves, and may prescribe penal- lii Mast 296! 

10 ties not exceeding one hundred dollars for every violation of such ordi- 5}? jj^g^; 273. 

11 nances or by-laws. 224 Mass! 78." 

1 Section 4. In a town which accepts this and the following section Building 

2 or has accepted corresponding prov^isions of earlier laws, no dwelling t'lwns.'^ 

3 house or other structure more than eight feet in length or breadth and §|'i','3.'^' 

4 seven feet in height, except detached houses or structures situated more f8^4.4°8*i,H2. 

5 than one hundred feet from any other building and wooden structiu-es fg^- J°*' 1 1- 

6 erected on wooden wharves, shall be built within such limits as the town 

7 may from time to time prescribe, unless made of and covered with an 

8 incombustible material, or unless a license is granted therefor by the 

9 selectmen for public good or necessity and recorded in the town records. 



1 Section 5. A building or structure erected in violation of the pre- Certain stmc- 

2 ceding section shall be deemed a common nuisance without other proof nu"iSnces.™°° 

3 thereof than proof of its unla^^'ful construction and use; and the select- p'a'm^'H' 

4 men may abate and remove it in the same manner in which boards of ^^^' |^|' | ^^• 

5 health may remo\-e nuisances^^nder sections one hmidred and twenty- i9i3. ess, § 3. 

6 three to one hundred and twenty-five, inclusive, of chapter one hmidred 

7 and eleven. 

1 Section 6. In a city or town which accepts this and the six follow- inspector of 

2 ing sections or has accepted corresponding provisions of earlier laws, i878,47!§i. 

3 the superintendent of public buildings or such other person as the mayor ^39^4, 4s\,\ u. 

4 of such city or the selectmen of such town may designate shall be in- ^^l' Jg^; f J; 

5 spector of buildings, and, immediately upon being informed by report i90|. 221, 1 1. 



1462 



INSPECTION OF BUILDINGS. 



[ClL\P. 143. 



1918, 291. 5 23. 
207 Mass. 285. 
20S Mass. 51. 



or otherwise that a building or other structure or anything attached 6 

to or connected therewith in that city or town is dangerous to Hfe or 7 

Umb, shall inspect the same; and if it appears to him to be dangerous 8 

he shall forthwith in wTiting notify the owner, agent or any person 9 

having an interest therein to remove it or make it safe. If it appears that 10 

such structure would be specially unsafe in case of fire, it shall be deemed 11 

dangerous within the meaning hereof, and the inspector of buildings may 12 

affix in a conspicuous place upon its exterior walls a notice of its danger- 13 

ous condition, which shall not be removed or defaced without authority 14 

from him. 15 



Time allowed 
to remove or 
repair unsafe 
structure. 
1878. 47, § 2. 
P. S. 104. § 5. 
1888. 399, § 3. 
1894. 481, 
§§ 15,49. 
1899, 139, § 2. 
R.L. 104, § 5. 
1913, 655. § S. 



Section 7. Any person so notified shall be allowed until twelve 1 

o'clock noon of the clay following the service of the notice in which to 2 

begin to remove such structure or make it safe, and he shall employ 3 

sufficient labor speedilj' to make it safe or remove it; but if the public 4 

safety so requires and if the aldermen or selectmen so order, the inspec- 5 

tor of buildings may immediately enter upon the premises with the 6 

necessary workmen and assistants and cause such unsafe structure to 7 

be made safe or taken down without delay, and a proper fence put up 8 

for the protection of passers-by. 9 



Proceedings 
on failure to 
remove or 
repair. 

1878, 47. § 3. 
P. S. 104, § 6. 
1888, 399, § 4. 
1894,481, 
B 16, 50. 
1899, 139, § 3. 
R. L. 104. § 6. 
1913, 655, § 6. 



Section 8. If an owner, agent or person interested in such unsafe 1 
structure refuses or neglects to comply with the requu-ements of such 2 
notice within the time limited, and such structure is not made safe or 3 
taken down as therein ordered, a careful survey of the premises shall 4 
be made by a board consisting in a city of the city engineer, the chief 5 
engineer of the fire department and one disinterested person to be ap- 6 
pointed by the inspector of buildings, and in a town of a surveyor, the 7 
chief engineer of the fire department and one disinterested person to be 8 
appointed by the inspector of buildings. If there is no city engineer in 9 
such city or no chief engineer of the fire department in such city or town, 10 
the mayor or selectmen shall designate one or more officers or other 11 
suitable persons in place of the officers so named as members of said 12 
board. A wTitten report of such survey shall be made, and a copy 13 
thereof served on such owner, agent or interested person. 14 



Dangerous 
structure to 
be removed or 
repaired by 
building in- 
spector. 
Penalty. 
1878, 47, 
§§ 4, 5. 
P. S. 104. § 7. 
1894,481, § 17. 
1S99, 139, § 4. 
R. L. 104, § 7. 
1913, 655, I 7. 



Section 9. If such report declares such structure to be dangerous, 1 

and if the owner, agent or person interested continues such refusal or 2 

neglect, the inspector of buildings shall cause it to be made safe or taken 3 

down, and the costs and charges inciu-red shall constitute a lien upon the 4 

land upon which the building is located, and shall be enforced within the 5 

time and in the manner provided for the collection of taxes on land; 6 

and such owner or interested person shall, for every day's continuance 7 

of such refusal or neglect after being so notified, forfeit to the city or 8 

town in which the structure is located not less than ten nor more than 9 

fifty dollars. 10 



Person ag- 
grieved may 
apply for jury. 
1S73. 261. 
1878,47, 
§§ 0-8. 
P. S. 104, 
§§ 8-10. 
1894, 481, 
§§ 18-20. 
1S99, 139, § 5. 



Section 10. An owner or interested person aggrieved by such order 
may have the remedy prescribed by section two of chapter one hun- 
dred and thirty-nine; but this section shall not prevent the city or 
town from recovering the forfeiture provided in the preceding section 
from the date of the service of the original notice, unless the order is 
annulled by the jury. R. l. io4, § s. i9i3, 655, § s. 



Chap. 143.] inspection of buildings. 1463 

1 Section 11. If an owner or interested person lives out of the com- Notice to 

2 monwealth, the notice required by section six may be served upon him i878!'47.™ib. 

3 by a notary public, whose certificate of service imder liis notarial seal i8m,4m',V2i. 

4 shall be sufficient evidence thereof. R. l. io4, § 9. wis, ess, § 9. 

1 Section 12. The supreme judicial or superior court may restrain Restraining 

2 the construction, alteration, repair, maintenance or use of a building or structionretc. 

3 structure in A'iolation of any ordinance or by-law of a city or town and lUz', lis, § 3. 

4 order its removal or abatement as a nuisance; and may restrain the further p^s^'iw, Vi2 

5 construction, alteration or repair of a building or structure reported to be )f?|' ???• 

1*11 ••! 'Ill loy4, 4ijl, 

6 dangerous, under a survey authorized by section eight, until the deter- |§ ■*• 22. 

7 mination of the matter, as provided in section ten. i9i3, ess, § 10. 

1 Section 13. Any inspector, if called upon by the aldermen of any state inspector 

2 city or by the selectmen of any town which has not accepted sections ^rfa'S atu;V° 

3 six to eleven, inclusive, shall inspect any building or other structure, i8ss!°3"9?§ 1. 

4 or anything attached to or connected therewith, in such city or town r^l'io4'|i2' 

5 which has been represented to be dangerous to life or limb. i^i^' ^^^' § 12. 

1 Section 14. If it appears to such inspector that the building or Dangerous 

2 other structure, or anything attached to or connected therewith, is dan- be™emoved° 

3 gerous to life or limb in case of fire or otherwise, he shall cause it to be iss^s.^m'^j 2. 

4 removed or rendered safe in the manner provided by sections six to ^^f- *ll- 1 j|- 

5 eleven, inclusive, and may cause proceedings to be instituted under sec- ^^^^- ^^^- 5 is. 

6 tion twelve. 

1 Section 15. Except in Boston, no building which is designed to be Construction 

2 used, or in which alteration shall be made for the purpose of using it, or CuSdin^. 

3 continuing its use, in whole or in part, as a public building, or as a factory, }||| |Jg' ^ '• 

4 workshop or mercantile or other establishment, and to have accommoda- fgg|* jgg 

5 tions for ten or more employees, and no building more than two stories is^*',!^?! § s] 

6 in height designed to be used above the second story, or in which altera- r. l. lol,' 

7 tion shall be made for the purpose of using it, or continuing its use, in igisT'ess. 

8 whole or in part, as an office building, dormitory, hotel, family hotel, 230^11833.306. 

9 apartment house, boarding house, lodging house or tenement house, and 4 ^p- ^- g- flJ- 

10 to have eight or more rooms above said story, shall be erected, and no o^i^jfu 

11 alteration shall be made therein, until a copy of the plans and specifica- 

12 tions thereof has been deposited with the supervisor of plans by the 

13 person causing its erection or alteration or by the architect thereof. Such 

14 plans and specifications shall include those for heating, ventilation and 

15 sanitation, if the supervisor of plans so requires. Such building shall 

16 not be so erected or altered without sufficient egresses and other means 

17 of escape from fire, properly located and constructed. The supervisor of 

18 plans may require that stairways shall be enclosed, that they shall have 

19 suitable landings, that they shall be provided with hand rails, that egress 

20 doors and windows shall open outward and ha\e approved hardware, 

21 that places of egress shall be properly lighted and designated, and that 

22 proper fire stops shall be provided in the floors, walls, partitions and 

23 stairways of such building. He may make such further requirements as 

24 may be necessary to prevent the spread of fire or its communication from 

25 any steam boiler or heating apparatus therein. The certificate of ap- 
2G proval by the supervisor of plans of such plans and specifications, en- 
27 dorsed with the approval of the chief of inspections of the department, 



1464 



INSPECTION OF BUILDmGS. 



[Chap. 143. 



or a specification of requirements necessary for compliance with sections 28 
fifteen to sixty, inclusive, set forth in detail and so endorsed, shall be 29 
issued to the person causing its erection or alteration, or to the architect 30 
thereof, and a copy of the same, together with the plans, shall then be 31 
turned over to the inspector in whose district the building is to be erected 32 
or altered, who shall enforce the requirements thereof and supervise such 33 
erection or alteration. After a certificate of approval or a specification 34 
of requirement has been issued, no change shall be made in the plans or 35 
specification or in the building without the wTitten permission of the 36 
supervisor of plans. 37 



Penalty. 
1888, 316, § 2. 
1892.419, 
§ 138. 

1S93, 199. 5 2. 
1894, 382, § 3; 
481. S§ 26, 39. 
R. L. 104, 
§§ 24, 53. 



Section 16. ^^^^oeve^, except in Boston, erects, constructs or makes 1 

alteration in a building, or draws plans or specifications, or superintends 2 

the erection, construction or alteration of a building in violation of 3 

sections fifteen to sixty, inclusive, shall be punished by a fine of not less 4 

than fiftv nor more than one thousand dollars. wis. ess, §§ le, 52. 5 



Temporarj' 
flooring during 
construction. 
1901, 166, § 1. 
R. L. 104, § 44. 
1909, 514, § 97. 
1913, 655, § 17. 
194 Mass. 431. 
213 Mass. 229. 

Penalty, § 19. 



Section 17. If, in the erection of an iron or steel framed building, 1 
the spaces between the girders or floor beams of any floor are not filled 2 
or covered by the permanent construction of said floors before another 3 
story is added to the building, a close plank flooring shall be placed and 4 
maintained over such spaces from the time when the beams or girders 5 
are placed in position until said permanent construction is applied ; but 6 
openings protected by a strong hand railing not less than four feet high 7 
may be left through said floors for the passage of workmen or material; 8 
provided, that when such flooring cannot be used without serious inter- 9 
ference with the work of construction, such provision shall be made to 10 
protect the workmen from falling material as the inspector shall direct. 11 



Same subject. 
1901, 166, § 2. 
R. L. 104, § 45. 
1909, 514, 5 98. 
1913. 65S, § 18. 

Penalty. § 19. 



Section 18. In the construction of any iron or steel framed building 1 

having a clear story of twenty-five feet elevation or more, a staging with a 2 

close plank flooring shall be placed under and not more than ten feet 3 

below the under side of the whole extent of the beams, girders or trusses 4 

of such story upon which iron or steel workers are working. 5 



Penalty. 
1901, 166, § 4. 
R. L. 104, § 46. 
1909, 514, § 99. 
1913, 655, I 19. 



Section 19. Violations of any provision of the two preceding sec- 1 
tions shall be punished by a fine of not less than fifty nor more than five 2 
hundred dollars. 3 



14. 



Hatchways, 
etc.. to be 
protected. 
1877, 214, § 
P. S. 104. I 
1SS2, 20S. 
1894, 481, 
§§41,62. 
R. L. 104, 
§§ 43. 56. 
1909, 514, 
§§ 36. 96. 
1913, 806, § 13. 
145 Miiss. 123. 
202 Mass. 82. 



Section 20. The openings of hoistways, hatchways and well holes 1 

on every floor of a public building, except in Boston, shall be protected 2 

by suflicient trapdoors or self-closing hatches or such other safeguards 3 

as an inspector directs; and due diligence shall be used to keep such 4 

trapdoors closed at all times except when in actual use by the occupant 5 

of the building haA-ing the use and control of the same. Violations of 6 

this section shall be punished by a fine of not more than one hundred 7 

dollars. 213 Mass. 573. 8 



Fire escapes, 
exits, etc. 
1877, 214, 
§§ 4, 5, 19. 
1880, 197. 
P. S. 104. 
§§ 1.5, 16. 
18-20. 23. 



Section 21. Except in Boston, any building in whole or in part used 1 

as a public building, and any building in which ten or more persons 2 

are employed in a factory, workshop, mercantile or other establishment, 3 

and an office building, dormitory, hotel, family hotel, apartment house, 4 



ClLiP. 143.] INSPECTION OF BUILDINGS. 1465 

5 boarding house, lodging house or tenement house which has eight or is82, 266, 

6 more rooms, or in which ten or more persons are accommodated, lodge ilsk Isi, § 2. 

7 or reside above the second story, the owner, lessee or mortgagee in pos- lii^'fT.'^' 

8 session whereof is notified in writing bj'- an inspector that sections fifteen Jg^j' ifl' | f'- 

9 to sixty, inclusive, apply thereto, shall be provided with proper egresses i^,- ^^ ^°f 

10 or other means of escape from fire sufficient for the use of all persons i907,'5o.3, § 1, 

11 accommodated, assembled, employed, lodged or resident therein; but §§26,52.' 

12 no owner, lessee or mortgagee in possession of such building shall be i2r/i/aM'. L^' 

13 deemed to have violated this provision unless he has been notified in 22SMass:368. 

14 writing by an inspector as to what additional egresses or means of escape lo"' a'§ 347' 

15 from fire are necessary, and for thirty days has neglected or refused to 

16 provide the same. The egresses and means of escape shall be kept un- 

17 obstructed, in good repair and ready for use, and, if the inspector so 

18 directs in WTiting, every such egress shall be properly lighted and pro- 

19 vided with a sign having on it the word "Exit" in letters not less than 

20 five inches in height, and so made and placed as plainly to indicate to 

21 persons within the building the situation of such egresses; stairways 

22 shall have suitable hand rails; egress doors and windows shall open 

23 outwardly, and women or children shall not be employed in a factory, 

24 workshop, mercantile or other establishment in a room above the sec- 

25 ond story from which there is only one egress. The certificate of the 

26 inspector shall be conclusive evidence of a compliance with the said re- 

27 quirements. Portable seats shall not be allowed in the aisles or passage- 

28 ways of such buildings during any service or entertainment held therein. 

29 Stairways on the outside of the building shall have suitable railed land- 

30 ings at each story above the first, accessible at each story from doors or 

31 windows, and such landings, doors and windows shall be kept clear of ice, 

32 snow and other obstructions. 

1 Section 22. Any article placed upon a fire escape or an outside means Fire escapes 

2 of egress of any building is hereby declared a common nuisance. Any Jfear^ "''"' 

3 court authorized to issue warrants in criminal cases may, upon complaint ^^°^' ^^'' ^ '■ 

4 under oath made by any police officer that any article is placed or raain- 

5 tained upon a fire escape or outside means of egress of any building, 

6 issue a warrant to bring such article when found before a court having 

7 jurisdiction of the same, and all articles seized under the authority of such 

8 a warrant shall be disposed of in like manner as gaming implements 

9 seized under chapter two hundred and seventy-six. Any owner, lessee, 

10 tenant or occupant of any building who maintains or permits to remain 

11 upon any fire escape or outside means of egress of any building any 

12 article for more than twenty minutes shall be punished by a fine of not 

13 more than one hundred dollars. The existence of any article upon a fire 

14 escape or outside means of egress of any building shall be prima facie 

15 evidence that such article was so placed, maintained or permitted to 

16 remain by the occupant of the premises having access from said building 

17 to said fire escape or outside means of egress. 

1 Section 23. Every stairway of every building shall be kept free and |f \''^','^^^ '° ^^ 

2 unobstructed, and any person who permits any article to remain in any wos, 347,§ 2. 

3 stairway of any building in such a manner as may impede the egress of 

4 any person lawfully in said building or the ingress of any person lawfully 

5 entitled to enter said building shall be punished by a fine of not more 

6 than five hundred dollars. The existence of any article in any such 



1466 



INSPECTION OF BUILDINGS. 



[ClL\P. 143. 



stairway in any building shall be prima facie evidence that it was placed 7 
or permitted to remain therein by the owner, lessee, tenant or occupant 8 
of the building. 9 



Fire extin- 
guishers, etc. 
1877, 214, 
§§4,9. 
P. S. 104, 
H 19, 23. 
1888,426, § 9. 
1S94, 481, 
§§ 34, 39. 
R. L. 104, 
§§ 26, 53. 



Section 24. Except in Boston, the basement and each story of a 
building which is subject to section twenty-one shall be supplied with 
means of extinguishing fire, consisting of a hose attached to a suitable 
water supply and capable of reaching any part of such basement or story, 
or of such portable apparatus as the inspector shall direct; and such 
appliances shall be kept at all times ready for use and in good condition. 

1913, 655, §5 21, 52. 



Wooden 
flues, etc., 
prohibited. 
1885, 326. 
1888. 316, 5 1 
426. § 8. 

1892, 419. 
§ 138. 

1893, 199, § 1 

1894, 481, 

5§ 25, 33, 39. 



Section 25. Except in Boston, no wooden flue or air duct for heat- 
ing or ventilating purposes shall be placed or remain placed in any build- 
ing subject to sections fifteen and twenty-one, and no pipe for con\'eying 
hot air or steam in such building shall be placed or remain placed 
within one inch of any woodwork, unless protected to the satisfaction 
of the inspector by suitable guards or casings of incombustible material. 



R. L. 104, §§ 23, 53. 



1913. 655. §§ 22, 52. 



Construction 
of theatres. 
1877,214, § 5. 
P. S. 104, § 20 
1894, 382, § 1. 
R. L. 104, 
5§ 36, 53. 
1913, 655. 
§§ 23, 52. 
189 Mass. 568. 



Section 26. Except in Boston, the audience hall in a building erected 
or designed to be used in whole or in part as a theatre, or in which any 
change or alteration shall be made for the purpose of using it as a theatre, 
shall not be placed above the second floor of such building. The au- 
dience hall and each gallery of every such building shall, respectively, 
i'opt'ArG."306. have at least two independent exits, as far apart as may be; and if the 
"' ' ■ audience hall is on the second floor, the stairways from said floor to the 

ground floor shall be enclosed with fireproof walls, and shall have no 8 
connection with the basement or first floor of the building. Every such 9 
exit shall have a width of at least twenty inches for e\'ery one hundred 10 
persons which such hall, or gallery from which it leads, is capable of 11 
holding; but two or more exits of the same aggregate width may be sub- 12 
stituted for either of the two recjuired exits. None of the recjuired exits 13 
shall be less than five feet wide; provided, that the exits from a gallery 14 
capable of holding not more than one hundred and fifty persons may each 15 
be less than five feet but not less than three feet wide. 16 



Fire resisting 
partition, 
curtains, etc. 
18SS, 207; 
426, § 1. 
1892, 419, 
§ 138. 
1894,481, 
§§ 24, 39. 
1900, 335, § 1. 
R. L. 104, 
H 37, 63. 
1913, 655, 
§§ 24, 52. 



Section 27. Except in Boston, the wall or partition between the 1 
auditorium and stage of every theatre shall be fireproof or fire resisting 2 
on the stage side, for the whole width of the auditorium and the whole 3 
height of the auditorium or stage, as the inspector shall direct, and all 4 
doors in such wall or partition shall be fireproofed and provided with 5 
approved self-closing devices. The proscenium or curtain opening shall 6 
have a fire resisting curtain of an incombustible material, properly con- 7 
structed and operated by appro\'ed mechanism. There shall be one or 8 
more ventilators near the centre and above the highest part of the stage, 9 
equal in area to one tenth of that of the stage floor back of the fire re- 10 
sisting cm-tain, and arranged so as to open automatically from heat, and 11 
by a cord or cords from the stage floor, as the inspector shall direct. 12 



?nn'spe^*tiqn. Section 28. Exccpt in Boston and as otherwise provided by law, 1 
if'j2! 4i'j'; ^ ^' t'^^ inspectors shall from time to time examine all buildings within their 2 
§ 138. respective districts which are subject to sections fifteen to sixty, in- 3 



Chap. 143.] inspection of buildings. 1467 

4 elusive. If in the judgment of any such inspector such building con- is94, 4si, 

5 forms to the requirements of said sections for buildings of its class, he r. l.'ioi. 

6 shall issue to the owner, lessee or occupant thereof, or of any portion ilia^'esl. 

7 thereof used in the manner described in section twenty-one, a certificate | op^'a'g. 305. 

8 to that effect, specifying the number of persons for whom the egresses 

9 and means of escape from fire are sufficient. Such certificate shall con- 

10 tinue in force for not more than five years after its date, but so long as 

11 it continues in force it shall be concIusi^'e evidence of a compliance with 

12 said section by the person to whom it is issued. It shall be void if a 

13 greater number of persons than is therein specified are accommodated or 

14 employed, or assemble, lodge or reside within such building or portion 

15 thereof, or if such building is used for any purposes materially different 

16 from the purpose for which it was used at the time of the granting thereof, 

17 or if its interior arrangement is materially altered, or if any egresses or 

18 means of escape from fire in such building at the time of granting the 

19 said certificate are rendered unavailable or are materially changed. 

20 The certificate may be revoked by an inspector at any time upon WTitten 

21 notice to the holder thereof or to the occupant of the premises for which 

22 it was granted, and shall so be re^'oked if, in the opinion of the inspector, 

23 circumstances have so changed that the existing egresses and means of 

24 escape are not proper and sufficient. A copy of said certificate shall 

25 be kept posted in a conspicuous place upon each story of such building 

26 by the occupant of the premises covered thereby. 

1 Section 29. Except in Boston, upon application to an inspector for a Application 

2 certificate under the preceding section, he shall issue to the applicant an isssfwon I'. 

3 acknowledgment thereof, which for ninety days, pending the granting §*i'38.*^^' 

4 or refusal of the certificate, shall ha^'e the same effect as the certificate, If^ls^lJ' 

5 and such acknowledgment mav be renewed by him with the same effect ?.■ h ^P,' 

6 for a further period, not exceeding ninety days. lois, ess, §§ 26, 52. 

1 Section 30. Except in Boston, if any change shall be made upon Notice of 

2 premises for which such certificate has been issued or in the use thereof of bmfding"''* 

3 which would render the certificate void according to section twenty-eight, isoiitio! ^ *' 

4 the person making such change shall forthwith gi\'e written notice thereof f894*'48i, 

5 to an inspector for the district or to the commissioner of public safety. ^^ ~^- ^^■ 

E. L. 104, §§ 17, 53. 1913, 655, §§ 27, 52. 

1 Section 31. Except in Boston, if an inspector finds that any building Notice of 

2 or part thereof subject to sections fifteen to sixty, inclusive, fails to con- con{o?m°to 

3 form thereto, or if any change is made therein which would render a 'i^s^s, 42c., § s. 

4 certificate void under section twenty-eight, he shall give WTitten notice Pjfg*^^' 

5 to the owner, lessee, occupant or agent in charge thereof, specifying such |?^i;^|„^' 

6 additional provisions, egresses or other means of escape from fire as in r. l.'io4, 

7 his opinion may be necessary to make it conform to said section and to 1913, 'ess. 

8 "obtain a certificate; and any such owner, lessee, occupant or agent in "^*•^^■ 

9 charge thereof failing to comply with such notice for a period of thirty 

10 days shall be punished by a fine of not less than fifty nor more than one 

11 thousand dollars. 

1 Section 32. If a schoolhouse in any city, except Boston, has not Schooihouses in 

2 been provided with a safe and proper egress or other means of escape from fiio escape's. 

3 fire, as required by sections fifteen to sixty, inclusive, within six months 4si, 5 40.' 



1468 



INSPECTION OF BUILDINGS. 



[Chap. 14.3. 



R. L. 104. § 11. after the ■uTitten notice provided for in the preceding section, the mayor, 4 

' ^ ' for the purpose of conforming to the provisions of this chapter relative 5 

to egresses or other means of escape from fire in schoolhouses, may, upon 6 

petition of one hundred citizens or taxpayers in such city, authorize the 7 

expenditure upon such sclioolhouse of not more than fifteen per cent of 8 

the cost thereof, payable from any money in the treasiu-y of that city 9 

which is not otherwise appropriated. 10 



re'quire°thKe SECTION 3.3. Any city, cxccpt Boston, may by ordinance provide that 

to°con^orm'°^' scctious fifteen, sixteen, twenty-one to thirty-one, inclusive, forty-se^'en 

iss^'leo'*?'"' ^'^*^ forty-eight shall apply to any building of three or more stories in 

i88s;426; § 11. height within its limits. 



1894, 481, §§ 36, 39. 



R. L. 104, §§ 53, 54. 



1913, 6.55, §§ 29, 52. 



Licenses for 
theatres, etc. 
1904.450, § 2. 
1905. 342, 
§U,2. 

1907, 463. 

1908, 335, § 1. 
1910, 284, § 1. 
1913, 055, § 31. 
213 Mass. 213. 



Section 34. In sections thirtj'-four to thirty-eight, inclusive, the 1 
term "licensing officer" shall mean the mayor of Boston and the com- 2 
missioner of public safety. In Boston the mayor and elsewhere the 3 
commissioner of public safety shall issue licen.ses for theatres, special 4 
halls and public halls. He may require such changes in the structural .5 
or other condition of any building before issuing any license as in his 6 
opinion the public safety requires, but no change shall be ordered in 7 
excess of the requirements for a new building of like character. In 8 
buildings existing on No\ember first, nineteen hundred and thirteen, 9 
an equivalent of the conditions reciuired by law may be accepted by 10 
the licensing officer; pro\aded, that such equivalents are set forth in 11 
detail in the license. The Ucenses provided for herein shall be con- 12 
spicuously posted near the main entrance of the theatre, special hall 13 
or pubhc hall. Licenses for theatres, except in Boston, shall expire on 14 
September first, for special halls on August first, and for public halls on 15 
July first of each year. 16 



Liability of 
licensee, 
1904, 4,50, § 3. 
1913, 655, § 32 



Section 35. The licensee shall be responsible, civilly and criminally, 
for non-compliance with the laws applicable to the theatre, special hall 
or public hall coA'cred by his license, and for non-compliance with the 
conditions thereof. The licensing officer shall cause a complete inspec- 
tion of all theatres to be made once in each month, of special halls and 
public halls once in every six months, and as much oftener as circum- 
stances may require. 



Inspection of 
tiieatres, etc. 
1904, 4.50, § 4. 
1913, 655, § 33. 



Section 36. Every inspection of theatres, special halls or public halls 1 
shall cover all details relating to the condition of the building as regards 2 
the safety of life and property. The inspector shall make a signed re- 3 
port as to all such details upon a tabulated inspection blank, the form of 4 
which shall be determined by the licensing officer. The forms of such 5 
blanks may be adapted to the circumstances of the different classes of 6 
buildings, but shall be such as to enable the inspectors to report a rating 7 
on the points and in the form hereinafter specified, and shall include a 8 
detailed table of legal requirements, with a statement as to compliance 9 
or non-compliance with each. All inspectors inspecting theatres, special 10 
halls and public halls shall on the first of each week forward to the licens- 11 
ing officer the reports of their inspections of the previous week, and shall 12 
rate each theatre, special hall or public hall on the following points in the 13 
following form : 14 



Chap. US.] inspection of buildings. 1469 

15 1. Compliance with existing laws, non-compliance in any particular 

16 to be specified. 

17 2. The following ratings of each building as to the safety of the au- 

18 dience, in the judgment of the inspectors, in the light of improved methods 

19 of insuring safety: 

Condition, whether poor, fair, good or excellent. Remarks. 

a. Structural condition. 

b. Facility of escape of audience. 

c. Heating apparatus. 

d. Water supply. 

e. Lighting apparatus. 

f. Condition of fire apparatus. 

g. Condition of sprinklers. 

h. Condition of fire resisting curtain. 

i. Protection against neighborhood hazard. 

j. General condition of appliances and apparatus. 

k. General condition of stage. 

Rating as a whole. 

With regard to safety of audience. 

20 And such other points as in the opinion of the licensing officer may be 

21 suitable. These reports and ratings shall be signed by the inspectors, 

22 and shall give the date of the inspection, with such remarks upon the 

23 condition of each theatre, special hall and public hall as may be suitable to 

24 give notice of danger or to give confidence in the safety of such buildings. 
2.5 After each inspection of a theatre, special hall or public hall, the inspector 
2() shall post a notice in conspicuous type, near the main entrance thereof, 
27 in the following form : 

This theatre (or special hall) (or public hall) has been inspected by inspector 
(name of inspector) on (date) 

1 Section 37. The full inspection reports of theatres, special-halls and ke^''"^^ gi'^''^ 

2 public halls shall be kept on file by the licensing officer, but, except as laoi. 450. § 6. 

3 hereinafter provided, shall not be open to examination by the public 

4 until the expiration of one month from the time when they were rendered, 

5 except with the consent of the licensing officer. Every licensee shall be 

6 entitled to examine the full reports of his own building at any time. The 

7 licensing officer shall make a full report annually of the condition of all 

8 theatres, special halls and public halls, which shall be open to examina- 

9 tion by the public at all times. The reports of inspectors shall be public 

10 records of matters of public interest; and a fair publiciition of these 

11 reports, or parts thereof, or comment thereon, by any person, in news- 

12 papers or otherwise, shall be privileged. 

1 Section 38. A certified copy of all ratings and conclusions of the Copies of 

2 inspectors in respect to any licensed theatre, special hall or public hall t"b?sent'to 

3 shall be delivered or mailed by the licensing officer to the licensee at the Penalty for 

4 building. If any inspector shall report that the laws of the conditions of ""fh^r'dcJ"'"'^^ 

5 the license are not complied with by any licensee, the licensing officer ^^°f^- ^g?' 5 s. 

6 may notify the licensee, fixing a time within which he shall comply with §§2,'3._ ' _ 

7 the law and the conditions of the license. If at the expiration of such 

8 time there has not been such compliance, the licensing officer shall gi\-e 

9 a hearing to the licensee; and if upon investigation he shall find that 

10 there is cause, he shall revoke the license. The licensing officer may, if 

1 1 in his opinion the public safety requires it, order any theatre, special hall 



1470 



INSPECTION OF BUILDINGS. 



[Chap. 143. 



Copy of 
ratings, etc., 
may be posted. 
1904. 450. § 9. 
1913, 635, I 30. 



Penalty for 
false state- 
ment, etc. 
1904, 430, 5 13. 
1913, 655, § 37. 



or public hall to be closed pending a hearing upon the revocation of the 12 
license, and any person failing to comply with such order shall be punished 13 
by a fine of not less than fifty nor more than one thousand dollars. 14 

Section 39. Any licensee may post upon his premises a certified 1 

copy of the complete table of ratings and conclusions relating to the 2 

theatre, special hall or public hall covered by his license, but he shall not 3 

post an incomplete copy of such table. 4 



Section 40. Any person having any duty to perform under this 1 

chapter in connection with the licensing or inspection of theatres, special 2 

halls or public halls ^^■ho wilfully makes any false statement or report 3 

or any false record of any statement, report or rating as to any such 4 

theatre, special hall or public hall shall be punished by a fine of not more 5 

than one thousand dollars or by imprisoiunent for not more than one 6 

vear. 7 



Penalty for 

giving or re- 

cei^'ing free 

pass. 

1904, 450, 5 14. 

1913. 655, I 38. 



Section 41. Any officer or person having any duty in any way con- 1 

nected with the inspection of theatres, special halls or public halls, who 2 

requests for himself or another, or accepts or uses any ticket or pass or 3 

privilege of admission, or admission, to any theatre, special hall or public 4 

hall for which he is to pay or has paid either nothing or a price less than 5 

that demanded of the public generally, and any o\\Tier, proprietor, 6 

manager, lessee, agent or employee of any theatre, special hall or public 7 

hall, or any other person who issues, delivers, offers or allows any such 8 

ticket, pass, privilege or admission to any such officer or person, or to 9 

any other person, at the request, solicitation, procurement or with the 10 

connivance of any such officer or person, shall be punished by a fine of 11 

not less than one hundred nor more than one thousand dollars. 12 



Ventilation 
and sanitation. 
Inspection by 
department of 
public health. 

1913. 655, 
§§40.41. 

1914, 792, § 1. 
3 Op. A. G. 192. 



Joint owner, 
etc., may 
p^o^^de fire 
escape. 



Section 42. Every public building as defined in section one, except 1 

schoolhouses in which public or private instruction is afforded to less 2 

than eleven pupils at one time, shall be kept clean and free from efSuvia 3 

arising from any drain, pri\y or nuisance, shall be provided with a 4 

sufficient number of proper water closets, earth closets or privies, and 5 

shall be ventilated in such a manner that the air shall not become so 6 

impure as to be injurious to health. If it appears to an inspector that 7 

further or different heating, ventilating or sanitary provisions are re- 8 

quired in any such public building, in order to conform to the require- 9 

ments of this section, and that such requirement can be provided with- 10 

out unreasonable expense, he may issue a ^\Titten order to the proper 11 

person or authority, directing such heating, ventilating or sanitary pro- 12 

visions to be provided. A school committee, public officer or person 13 

who has charge of, owns or leases any such public building, who neglects 14 

for four weeks to comply with the order of such inspector, shall be 15 

punished by a fine of not more than one hundred dollars. The district 16 

health officers or such other officers as the department of public health 17 

may from time to time appoint shall make such examinations of school 18 

buildings subject to this section as in the opinion of the department 19 

the protection of the health of the pupils may require. This section 20 

shall not apply to Boston. 21 

Section 43. Except in Boston, if a building subject to sections 1 

fifteen to sixty, inclusive, is owned, leased or occupied, jointly or in 2 



Chap. 143.] inspection of buildings. 1471 

3 severalty, any owner, lessee or occupant may affix to anj' part of the isss, 426. § e. 

4 outside wall of such building any means of egress or of escape from fire § iss. ' 

5 specified and described by an inspector, notwithstanding the objection §§^31,^3*9.' 

6 of any other such owner, lessee or occupant; and such means of egress f§4s,^5|; 

7 or of escape may project over the highway, or o\er a right of way for isis^ 655, 

8 a distance not exceeding one half the width of the right of way. 

1 Section 44. The keeper of a hotel, boarding or lodging house or watchmen in 

2 family hotel containing one hundred or more sleeping rooms, and being isss. 25i,§ 1. 

3 four or more stories high, shall have therein at least two competent r!"i,; loii § 29. 

4 watchmen, each properly assigned, and each on duty between the hours '^^^' '^^°' ^ ''^■ 

5 of nine o'clock at night and six o'clock in the morning. The keeper of Penalty, § 40. 

6 every hotel, boarding or lodging house or family hotel containing fifty 

7 or more sleeping rooms, but less than one hundred, and being three 
S stories high, shall have between said hours at least one competent 

9 watchman on dutj' therein. In all such hotels, lodging houses or family 

10 hotels, the halls, corridors and stairways shall be properly lighted at 

11 night, and a red light shall be kept during the night at the top and 

12 bottom of each flight of stairs; and one or more proper alarms or gongs, 

13 capable of being heard throughout the house, shall always remain easy 

14 of access and ready for use in every such building to give to the in- 

15 mates warning of fire. The keeper of every such hotel, boarding or 

16 lodging house or family hotel shall keep a notice descriptive of such 

17 means of escape conspicuously posted in every sleeping room. 

1 Section 45. Except in Boston, the keeper of any such hotel, board- oJ ^e^eda'nT 

2 ing or lodging house or family hotel who adopts a system of electric ^|8":i°223 § 1 

3 watch clocks which register at the office the movements of the watch- R- l! iw] 

4 men throughout the house, or who adopts a system of thermostats or iQi.-i.'ess. 

5 fire alarm bells in the rooms, or who provides a watchman's watch with 

6 key stations, the record of which is kept at the office, shall not be re- •^^°'' '^'' ^ *''■ 

7 quired to maintain more than one watchman in addition to the regular 

8 night clerk and porters; provided, that the system or device so adopted 

9 or provided is approved by the inspector. 

1 Section 46. The aldermen of any city, except Boston, and the select- Further pro- 

2 men of towns may prescribe additional night watch to be kept and tection of hfe 

3 further provision for the prevention of fires and for the better protection "crrbed. '"^'^ 

4 of life in case of fire to be made by the keepers of hotels, boarding or flsa'^si, 

5 lodging houses or family hotels within their cities and towns. Who- 1884, 223, § 2. 

6 ever neglects or refuses to comply with any provision of this or the two Xgi^^^^a 

7 preceding sections shall be punished by a fine of not less than fifty nor iii|: '^||' 

8 more than one thousand dollars. 

1 Section 47. The owner, lessee, proprietor or manager of a hotel ^s°PpesTn 

2 which is not otherwise suitably provided with fire escapes, or of a lodg- jggo go?"'? 1 

3 ing house which contains eight or more rooms above the second story, isw! 341- 

4 shall place or cause to be placed a knotted rope, or better appliance, 11. l. 104. § 33. 

5 for use as a fire escape in every room of such hotel or lodging house 3 op! a. g. 319. 

6 used as a sleeping room, except rooms on the ground floor. One end Penalty, § 48. 

7 of such rope shall be securely fastened to a suitable iron hook or eye 

8 securely screwed into one of the timbers next adjoining the frame of a 

9 window, or into the frame of a window, of said room, at least five feet 



1472 



INSPECTION OF BUILDINGS. 



[Ch.\p. 143. 



from the floor, and the rope shall at all times be kept coiled and ex- 10 
posed to the plain view of the occupant of the room. The coil shall 11 
be fastened in such manner as to be easily and quickly loosened and 12 
uncoiled. The rope shall contain knots not more than eighteen inches 13 
apart, a loop at the end at least three inches in length, shiill not be 14 
less than one half inch in diameter, and shall be of sufficient length to 15 
reach from such iron hook or eye to the ground. Such rope, iron hook 16 
or eye and fastenings shall be of sufficient strength to sustain a weight 17 
of four hundred pounds, and plain directions for the use of such rope 18 
or other appliance shall be printed and posted within six inches of the 19 
hook or eye to wliich the rope is fastened. Tliis section shall not apply 20 
to Boston. 21 



Inspection of 
hotels, etc. 
1800. 307, 
«2,3. 
1894.481, 
§§45,68. 
R. L. 104, 
§§ 34, 35. 
1913, 655, § 46. 



Section 48. The inspector of buildings of each city and town, if 1 
there be any, otherwise the chief engineer of the fire department, if 2 
there be any, otherwise such person as the mayor of a city or the select- 3 
men of a town shall designate, shall annually in the month of April 4 
inspect every room of every hotel and lodging house of eight or more 5 
sleeping rooms above the second story in his city or town and ascer- 6 
tain if the preceding section is being complied with, and sliall report 7 
the condition of the rope or other appliance to the commissioner of 8 
public safety, upon forms to be furnished by him. 'S^Tioever \iolates 9 
any pro\dsion of this or the preceding section shall be punished by a 10 
fine of not more than five hundred dollars or by imprisonment for not 11 
more than six months, or both. This section shall not apply to Boston. 12 



Certificate of 
inspector pre- 
requisite to 
license. 

1888, 426, § 7. 
1892, 419, 
§ 138. 
1894, 481, 
§§ 32. 39. 
R. L. 104, 
§§ 49, 53. 
1913, 655, 
§§ 48. 52. 



Section 49. Except in Boston, a license which is required by law, 
ordinance or by-law to authorize any building or part thereof to be 
used for any purpose specified in section twenty-one shall not be granted 
until a license by the commissioner of public safety, or a certificate by 
an inspector, as required by sections fifteen to sixty, inclusi\'e, shall 
have been issued therefor, and, when granted, shall not continue in 
force after the expiration of such license or certificate. 



Penalty for 
hindering in- 
spector, etc. 
1904, 4.50, § 12. 
1908, 389, § 2. 
1913, 655, § 49. 



Section 50. Any person who hinders or prevents or attempts to 
prevent the commissioner of public safety, the chief of inspections of 
the department or any inspector from entering any building, structure 
or enclosure or part thereof in the performance of his duty in the en- 
forcement of the laws of the commonwealth relating thereto shall be 
punished by a fine of not less than fifty nor more than one himdred 
dollars. 



Owner must 
see that law is 
obeyed. 
1877,214,5 8. 

1881, 137, 
§ 2; 195. 

P. .S. 104, § 22. 

1882, 266, § 3. 
1888, 426, § 12. 
1894, 382, § 2; 
481, §§ 37, 39. 
R. L. 104, 

§§ 60, 53. 
1913, 655, 
§§ 50, 62. 
161 Mass. 35. 



Section 51. Except in Boston, the owner, lessee or occupant of a 1 
theatre, factory, workshop or manufactm'ing establishment, or who- 2 
ever owns any building or part thereof mentioned in and subject to 3 
sections twenty-one, twenty-four to twenty-eight, inclusive, and thirty, 4 
or controls the use thereof, shall cause the provisions thereof to be 5 
observed, and such person shall be liable to any person injured for all 6 
damages caused by a violation of the provisions of said sections. No 7 
criminal prosecution shall be begun for such violation until four weeks S 
after wTitten notice to such person has been given by an inspector of any 9 
changes necessary to be made in order to conform to said sections, nor 10 
if such changes shall have been made in accordance with such notice. 11 



Chap. 143.] inspection of buildings. 1473 

12 Notice to one member of a firm or to the clerk or treasurer of a cor- 

13 poration or to the person in charge of the building or part thereof shall 

14 be sufficient notice hereunder to all members of any firm or corporation 
1.5 owning, leasing or controlling the building or any part thereof. Such 
IG notice may be served personally or sent by mail. 

1 Section 52. No person shall occupy or use any building or part ^^f"^^^'^^'' 

2 thereof as a theatre, special hall, public hall, miscellaneous hall, place as theatre, 

3 of assemblage or place of public resort until a license therefor has been looe, los, § i. 

4 issued by the commissioner of pubhc safety or the mayor of Boston, or Igos'. 335,' 

5 a certificate therefor by an inspector or an inspector of the building 1910,^3- 

6 department of Boston. The certificate of the inspector shall be con- igjg^ggj 

7 elusive e^'idence of a compliance with sections fifteen to sixty, inclusive, §§ 39, 51.' 

8 for such use of a hall as he shall set forth in detail in the certificate, 

9 and shall be conspicuously posted near the main entrance of the hall. 

10 Molations of tliis section or of the conditions of a hcense or certificate 

11 shall be punished by a fine of not less than twenty-five nor more than 

12 one thousand dollars or by imprisonment for not more than one year, 

13 and the license or certificate may be revoked. 

1 Section 53. Whoever, being the owner, lessee or occupant of any General 

2 building or part of a building described in section twenty-one, ^•iolates iss2, 26b, § .■?. 

3 any provision of sections fifteen to fifty-two, inclusi\-e, for which no lUg; lit] i ^3. 

4 other penalty is specifically prescribed, shall be punished by a fine of 48i!'§§*60,^62.' 

5 not less than fifty nor more than five hundred dollars. 

R. L. 104, §§ 55. 56. 1913, 655, § 53. 

1 Section 54. Sections fifteen to fifty-two, inclusive, .shall, except Enforcement. 

2 when otherwise specifically provided, be enforced by the commissioner r. l!io4!§46. 

3 of public safety, the chief of inspections of the department and the inioilst', |T' 

4 inspectors. The commissioner of pubhc safety shall issue regulations 655?§'54*!'^^' 

5 necessary for their uniform enforcement. All sections of tliis chapter 
G wliich apply to Boston shall be enforced by the building commissioner. 

1 Section 55. Any person aggrieved by an order, requirement or direc- Appeal. 

2 tion of an inspector under any of the preceding sections may, within isw! tlf, I k 

3 thirty days after the service thereof, appeal to a judge of the superior looV, 45o'.|\o. 

4 court for the county where the building to A\hich such order, require- \Iqj[ Igg' ^ ■* 

5 ment or direction relates is situated for an order forbidding its enforce- Vf^'^^'^' 

6 ment; and after such notice as said court shall direct to all parties l^i^^^i^, 

7 interested, a hearing may be had before the court at an early and con- i9i7','i56, § 2. 

8 venient time and place fixed by it; or the court may appoint three - ^ ''^• 

9 disinterested persons, skilled in the subject .matter of the contro^■ersy, 

10 to examine the matter and hear the parties; and the decision of said 

11 court, or the written decision under oath of a majority of said experts, 

12 filed in the office of the clerk of courts in said county within ten days 

13 after such hearing, may alter, aimul or affirm such order, requirement 

14 or direction. Such decision or a certified copy thereof shall have the 

15 same authority, force and effect as the original order, requirement or 
IG direction of the inspector. If such decision annuls or alters the order, 

17 requirement or direction of the inspector, the court shall order the 

18 inspector not to enforce his order, requirement or direction, and in 

19 every case the certificate required by law shall thereupon be issued by 

20 said court or by said experts. 



1474 



INSPECTION OF ELEVATORS. 



[Chap. 143. 



Mplrts' Section 56. The court may award reasonable compensation to such 1 

1890. 43S, experts, to be paid by the county in which the appHcation for an order 2 

1894,481. of the court was made, if the order, recjuirement or direction of the 3 

R L 104. inspector is altered or annulled, otherwise by the applicant. If the 4 

iisofl.'ioo. 1 4. order, requirement or direction of the inspector is affirmed by the court 5 

1913! 655! § 56. or the experts, costs shall be taxed against the applicant as in civil 6 

cases, and shall be paid into the treasury of the said county. 7 



Restraining 

illeg.al erection, 

etc. 

188S. 316. § 2; 

426, § 12. 

1893, 199, § 2. 

1894, 382. § 2; 
481. §§ 26, 38. 
R. L. 104, 
§§51,53. 



Section 57. The supreme judicial or superior court may, upon the 1 

petition of an inspector or, in Boston, of the building commissioner, 2 

temporarily or permanently restrain the erection, construction, alter- 3 

ation, use or occupation of a building in \-iolation of any pro\ision of 4 

sections fifteen to fifty-two, inclusive. 5 

1910, 2S4, § 1. 1913, 655, § 57. 



Concurrent 
jurisdiction of 
inferior courts. 
1906. 105, § 6. 
1908, 335, § 3; 
389, § 3. 



Section 58. District courts shall have jurisdiction concurrently with 1 
the superior court of prosecutions and proceedings at law under sections 2 
three to fifty-two, inclusive. i9i3, 655, § 58. 3 



Enforcement 
of inspectors' 
orders. 

1904,450. § 11. 
190G, 105, § 5. 
1910, 2.84, § 1. 
1913, 655, § 59. 



Section 59. The supreme judicial or superior court may, upon the 1 

application of the commissioner of public safety, the chief of inspec- 2 

tions of the department or any inspector or, in Boston, of the building 3 

commissioner, enforce, by any suitable process or decree, any pro\'ision 4 

of sections fifteen to fifty-two, inclusive, and any order or requirement 5 

of any person made under authority thereof. 6 



Restraining 
illegal use, 
etc., of 
buildings. 
1899, 326. 
R. L. 104, § 52. 
1913, 655. § 60. 



Section GO. The supreme judicial or superior court may restrain 1 

the illegal placing, maintenance or use of any building, structure 2 

or other thing. It may, upon the petition of a city or town for such 3 

relief, require the removal of any such building, structure or other 4 

thing by the owner, and may authorize the city or town, in default of 5 

such removal by the owner, to remove it at his expense. Upon such 6 

petition, the defendant shall be presumed to have acted without a 7 

license or authority until he proves the contrary. 8 



Notice to 
assessor.'* of 
permits for 
building. 
1913, 676, § 1. 



Section 61. The inspector of buildings in every city and town 1 

having such an officer shall give written notice to the assessors thereof 2 

of the granting by him of permits for the construction of any building 3 

therein or for any substantial alteration therein or addition thereto. 4 

Such notice shall be given within seven days after the granting of each 5 

permit, and shall state the name of the person to whom the permit 6 

was granted and the location of the building to be constructed or al- 7 

tered or to which an addition is to be made. 8 



Installation 
and inspection. 
1901, 43C. 
R. L. 104. 
S27. 

1913, 806, 
§§ 1,7. 

189 Mass. 580. 

190 Ma,ss. 518. 
200 Mass. 200. 
204 Mass. 559. 



ELEVATORS. 

Section 62. In cities and towns not having a building department 1 

or an inspector of buildings, the installation and alteration of all ele- 2 

vators shall be under the supervision of the inspectors of the division 3 

of inspection of the department. In cities and towns ha\ang an in- 4 

spector of buildings or a person acting as such, the installation and al- 5 

teration of all elevators shall be under his supervision. No elevator G 



Ch.\P. 143.] INSPECTION OF ELEVATORS. 1475 

7 shall be installed or altered until a copy of the plans and specifications 213 Mass. 247. 

8 of such elevator or of the proposed alterations shall have been filed by 

9 the owner of the premises where the elevator is to be installed or altered, '^"'' '^' '*' 

10 or by the manufacturer of the elevator, with the inspector or building 

11 inspector having jurisdiction, and a certificate of approval or a speci- 

12 fication of requirements shall have been issued by him. The inspectors 
1.3 and inspectors of buildings or the departments of buildings of cities and 

14 towns shall enforce the regulations made by the board of elevator regu- 

15 lations as hereafter provided. 

1 Section 6.3. On completion of the work of installation or alteration, Test of safety 

2 the manufacturer of the elevator or the person making the alterations igls^loe. § 2. 

3 shall make a practical test of the safety devices of the elevator in the 

4 presence of the inspector ha^■ing jurisdiction thereof; and if the test is 

5 satisfactory to him, he shall issue a certificate approving the elevator and 

6 safety devices thereof. 

1 Section 64. All elevators shall be thoroughh^ inspected and a Report of 

2 practical test made of the safety de^•ices required therefor at intervals igTsTsoii"'! 3. 

3 of not more than one year, and at such other times as may be deemed 

4 necessary by the inspector having jurisdiction thereof. Within ten 

5 days after the inspection, he shall report the result thereof to the com- 

6 missioner of public safety, upon forms to be furnished by him. This 

7 requirement for the making of inspection reports shall not apply to 

8 Boston. 

1 Section 65. If in the judgment of any inspector having juris- Certificate of 

2 diction thereof an elevator is safe, and if the elevator has been con- beposted" in° 

3 structed in the manner required by law or by the regulations of the isss.'m. 

4 board of elevator regulations, the inspector shall issue a certificate to ^^l- jq]; | g^; 

5 that effect to the owner of the elevator or to the person in charge }^j3'|gjs4 

6 thereof, who shall post the certificate in a conspicuous place in or near 227 Mass'. 415. 

7 the cab or car of such elevator. Otherwise, the inspector shall im- Penalty. § 71. 

8 mediately post conspicuously upon the entrance or door of the cab or 
9' car of such elevator, or upon the elevator, a notice of its dangerous 

10 condition, and shall prohibit the use of the elevator until it has been 

11 made safe to his satisfaction. No person shall remove such notice or 

12 operate such elevator until the inspector has issued his certificate as 

13 aforesaid. 

1 Section 66. Any owner, operator or person in charge of an elevator Report of 

2 or any person employed to inspect an elevator shall, if he thinks such o'f'dcf™Uv^e" 

3 elevator is unsafe, make a written report thereof to the inspector having igis.'sou, § 5. 

4 jurisdiction thereof, who shall forthwith inspect such elevator. If any penalty, § 71. 

5 accident occurs to an elevator, the operator, person in charge or owner 

6 having knowledge thereof shall inunediately report such accident to the 

7 inspector having jiu-isdiction, who shall forthwith inspect such elevator. 

1 Section 67. Any person engaged in the inspection, alteration, con- Petition for 

2 struction, repair or operation of elevators may from time to time, by regiSo'ns. 

3 written petition to the commissioner of public safety, request that rules ii\t\ fii, ^ ^' 

4 and regulations established by a board of elevator regulations hereto- ^ ^'^''• 

5 fore or hereafter appointed be altered or amended. The commissioner 



1476 



INSPECTION OF CINEMATOGRAPHS. 



[Chap. 143. 



may grant public hearings upon such petition, and if he deems it advis- G 
able may appoint a new board of elevator regulations as provided in 7 
section eleven of chapter twenty-two. 8 



Board to 
amend regu- 
lations. 
1913. S06. § 6. 
221 M.ass. 489. 

231 Mass. 151. 

232 Mass. 563. 



Section 68. The board of elevator regulations shall frame amend- 1 

ments to the regulations relating to the construction, installation, al- 2 

teration and operation of all elevators, and relative to the location, 3 

design and construction of shafts or enclosures for elevators, safety 4 

devices, gates and other safeguards, protection against the elexator or 5 

hoisting machinery, and means to prevent the spread of fire, and also 6 

amendments to the regulations designed to make uniform the work of 7 

the inspectors of the di\-ision of inspection of the department and of 8 

inspectors of buildings throughout the commonwealth. 9 



Establishment 
of regulations. 
1913, 800, 
§§7,8. 
1919, 350, 
§§ 99, 100. 



Section 69. The board of elevator regulations shall, within three 1 

months after its members are appointed, draft amendments to the 2 

regulations and submit the same to the governor and council for their 3 

approval. Within si.xty days after such submission they shall approve 4 

the same, with such alterations and amendments and after such public 5 

hearings as they may deem proper; and the regulations so altered and 6 

amended shall become part of the rules and regulations pertaining to 7 

elevators. The commissioner of public safety shall furnish upon ap- 8 

plication a printed copy of the regulations to all manufacturers of ele- 9 

vators operating in the commonwealth, to all inspectors of buildings 10 

in the cities and towns of the commonwealth, and to all others who are 11 

concerned. The board shall be dissolved upon the approval of the regu- 12 

lations by the governor and council. 13 



Appeal. 
1913,806. § 11. 



Section 70. Whoever, except in Boston, is aggrieved by the order, 1 

requirement or direction of an inspector of buildings of a city or town in 2 

reference to the installation or alteration of ele\ators may, within ten 3 

days after the service thereof, appeal as provided in section fifty-five; 4 

and all the pro^■isions of said section, except as otherwise provided 5 

herein, shall apply to the procedure on such appeal. In Boston the 6 

right of appeal shall be the same as that pro\'ided by section se\'en of 7 

chapter five hundred and fifty of the acts of nineteen hmidred and 8 

seven. 9 



Penalty. 
1913, 806, 5 12. 



Section 71. Any person violating or failing to comply with any 1 

provision of sections si.xty-two to seventy, inclusive, or of any regulation 2 

established thereunder shall be punished by a fine of not more than five 3 

hundred dollars. 4 



Regulation. 
1905. 176, § 1. 
1908, 500, § 1. 

1914. 791, § 1. 

1915, 169, § 1. 



cinematographs. 

Section 72. No cinematograph or similar apparatus involving the 1 

use of a combustible film more than ten inches in length, except one 2 

using only an enclosed incandescent lamp and cellulose acetate films 3 

not more than one and one quarter inches in width, shall, e.xcept as 4 

provided by section eighty-five, be kept or used for the purpose of ex- 5 

hibiting such films in or upon the premises of a public building until 6 

such cinematograph or similar apparatus has been inspected ami ap- 7 

proved by an inspector, who shall ha\'e placed thereon a numbered 8 

metal tag; nor until a booth or enclosure, which has been inspected 9 



Chap. 143.] inspection of cinematographs. 1477 

10 ami approved by such an inspector and his certificate issued therefor, 

11 has been provided for said apparatus; nor until such precautions against 

12 fire as the commissioner of public safety may specify have been taken 

13 by the owner, user or exhibitor; provided, that no such apparatus shall 

14 be operated with oxyhydrogen gas, so called, or with limelight. In 

15 addition, in Boston the location of any booth or enclosure surrounding 

16 such apparatus shall be approved by the building commissioner, who may 

17 order such additional precautions against fire as he may deem necessary. 

1 Section 73. The inspectors shall inspect any such apparatus which inspection. 

2 is to be kept or used as specified in the preceding section, and any JgU^; HI] | f 

3 booth or enclosure provided therefor, and the commissioner of public '^^*' ^^^' ^ ^• 

4 safety shall make such rules and regulations as he may deem necessary 

5 for the safe use thereof. 

1 Section 74. For the inspection of such apparatus or of a booth or Fee for 

2 enclosure, as provided by tlie preceding section, a fee of two dollars shall SogTssT § i. 

3 be paid by the owner or user thereof. i9ii, 4s, 1 1. i9i4, 791, § 3. 

1 Section 75. Except as provided in section seventy-seven, no person Licenses. 

2 shall operate such apparatus in any public building until he has re- 1909] Isi! § 2. 

3 ceived a special or first class license so to do from an inspector. No JgJI; 7I1; ^ ^• 

4 such license shall be granted until the applicant has passed an exami- 5§ 4. 9. 10. 

5 nation proving him to be thoroughly skilled in the working of the me- 

6 chanical and electrical apparatus or devices used therein or connected 

7 therewith, and no person under twenty-one shall be eligible for such ex- 

8 amination. Three dollars shall accompany the application for a license. 

9 The special or first class license shall be for the term of one year from 

10 the date thereof, but may be renewed yearly, without examination, by 

11 an inspector upon the payment of a fee of one dollar. A first class 

12 license shall apply only to the operation of a hand driven apparatus. A 

13 special license shall apply to one dri\'en by hand or motor. 

1 Section 76. Any person over eighteen desiring to act as an assist- Assistant's 

2 ant to a holder of a special or first class license shall register his name, i9os, see, § 5. 

3 age and address on a form furnished by the commissioner of public 1911! 791! § a. 

4 safety; and upon the receipt of one dollar the commissioner may issue a 

5 permit allowing such person to assist sucli a licensed operator in a booth 

6 or enclosure, but such person shall not himself operate the apparatus. 

7 The permit shall be for the term of one year from the date thereof, but 

8 may be renewed yearly by the commissioner upon the receipt of fifty 

9 cents. 

1 Section 77. A second class license giving the right to operate a Second class 

2 hand driven cinematograph or similar apparatus, but only in the pres- 1914, 791, § c. 

3 ence of a holder of a special or first class license, may be granted to any 

4 person over twenty who has been employed for three months as an 

5 assistant under the supervision of a licensee in or upon a public building. 

6 The applicant, as a condition of receiving the said second class license, 

7 shall pass an examination satisfactory to an inspector, and shall pre- 

8 sent to the commissioner of public safety an affidavit, signed and sworn 

9 to by him, stating that he has so worked for said period. The com- 
10 missioner may require that the affidavit be corroborated. A fee of two 



1478 



INSPECTION OF CINEMATOGRAPHS. 



[CH-AP. 143. 



dollars shall accompany the appHcation for the Ucense. The license 11 
shall be for the term of one year from the date thereof, but may be 12 
renewed yearly by an inspector upon the receipt of fifty cents. 13 



First class 

license. 

1914, 791, § 7. 



Section 78. Any person over twenty-one who has held a second 
class license for three months or more and has worked regularly during 
that period in a booth or enclosm-e in or upon a public building, upon 
presenting to the commissioner of public safety an affidavit, signed and 
sworn to by him, stating that he has so worked for the said period, and 
upon passing the examination and payment of three dollars, may receive 
a first class license. 



Eligibility for 
examination. 
1914, 791. § 8. 



Section 79. Any person over twenty-one who presents to the 1 

commissioner of public safety an affidavit, signed and sworn to by him, 2 

stating that he has operated a cinematograph or similar apparatus in a 3 

booth or enclosiu-e in a theatre or hall devoted to public exhibitions of 4 

mo\ing pictures outside of the commonwealth for a period of three 5 

months or more, shall be eligible for the examination, as provided in 6 

section seventy-five, for a special or a first class license. 7 



igHlre'rHo. Section SO. The holder of a first class license, or any person desig- 1 
nated in the preceding section, who passes an examination satisfactory 2 
to the department may be granted a special license. 3 



Suspending 
or revoking 
license or 
periiiit- 
1914, 791. § 11. 



Section 81. An operator's license or an assistant's permit may be 
suspended or revoked for cause at any time by an inspector; but the 
person whose license or permit is so suspended or revoked may appeal 
to the commissioner of public safety, whose decision in the matter shall 
be final. 



Permits for 
special 
exhibitions. 
1914,791, § 12. 



Section 82. Except in Boston, the commissioner of public safety 
may grant permits for the special exliibition of pictures by the use of a 
cinematograph or similar apparatus in a public building which in his 
opinion is in safe condition for such exliibitions, and he may prescribe 
such regulations as he may deem necessary for the presentation of the 
same. Two dollars shall accompany the a.pplication for each permit. 



Application 
ot certain 
sections. 
1914, 791, § 1.3. 



Section 83. Sections seventy-two to seventy-six, inclusive, shall 
not apply to any motion picture machine operated with only cellulose 
acetate films not more than one inch and o"ne fourth in width and re- 
quiring not more tlian fi\e hundred watts of electric current to operate 
the arc; provided, that such machines shall not be kept or used in a 
public building except under such regulations as the commissioner of 
public safety shall prescribe. 



Penalty. 
1905, 176, § 3. 

1908, ses, § 3. 

1914, 791, § 15. 



Section 84. Any person keeping or using a cinematograph or similar 
apparatus contrary to any provision of sections seventy-two to eighty- 
four, inclusive, or in violation of any rule or regulation made by the 
commissioner of public safety, or, in Boston, in violation of any regula- 
tion or requirement made by the building commissioner in accordance 
with said sections, shall be punished by a fine of not less than fifty nor 
more than fi\e hundred dollars. 



CiL\p. 144.] 



TENEMENT HOUSES IN CITIES. 



1479 



1 Section 85. Notwithstanding any provision of sections seventy-two Special licenses 

2 to eighty-four, inclusive, the commissioner of public safety may grant in ch^ches, 

3 special licenses for operators of motion picture machines in churches, ign^lio,"^' 

4 schoolhouses or public institutions in cities and towns, except Boston, flu' 791, § 17. 

5 which in his opinion are in safe condition for said exhibitions, and he OfKA.G.ci920) 

6 may prescribe regulations for the proper conduct of the same. Two 

7 dollars shall accompany each application for such special license. 



REFERENCE. 
Building laws in Boston, 1907, 550, and amendments. 



CHAPTER 144. 

TENEMENT HOUSES IN CITIES. 



Sect. 



GENERAL PROVISIONS. 



1. Application. 

2. Definitions. 

3. Application of certain sections. 

4. Law not to be modified. 

5. Water and sewer connections. 

6. Power of department of public health. 

7. Improvements to be made within one 

j-ear after acceptance. 

8. Buildings converted or altered. 

9. Alterations and change in occupancy. 

NEW BUILDINGS. LIGHT AND VENTILATION. 

10. Distance from side lot line. 

11. Height. 

12. Yards. 

13. Courts. 

14. Courts to be open at top. 

15. Air intakes. 

IG. Extensions or offsets to courts. 

17. Building of walls across angles in 

courts. 
IS. Placing of buildings on s.ame lot with 

tenement houses. 

19. Rear tenements. 

20. Lighting, etc. 

21. Area of windows, etc. 

22. Size of rooms. 

23. Alcoves, etc. 

24. Privacy. 

25. Windows in public halls. 

26. Sizes of windows in halls. 



SANITATION. 

27. Use of basement and cellar rooms for 

li^•ing purposes. 

28. Damp proofing, etc., of cellars. 

29. Spaces under floors. 

30. Drainage of courts, yards, etc. 

31. Sinks. 



Sect. 

32. Construction, etc., of water closets. 

33. Plumbing. 

34. Water supply. 

35. Pri\-ies. 



FIRE protection. 

36. Construction required. 

37. Fire escapes. 

38. Construction of bulkheads and scuttles. 

39. Stairs and public halls. 

40. Fireproof stairs and stair halls required 

in tenement houses of second class 
construction. 

41. Entrance halls. 

42. Shafts to be of fireproof construction. 

43. Ceiling of cellar, etc. 

44. Closets under first story stairs not 

allowed. 

45. Outside cellar entrance. 

46. Finish about chimneys. 

47. Fire walls. 

48. Roofing materials. 

49. Wooden tenement houses not to be 

used for certain purposes above sec- 
ond story. 

improvements in OLD buildings. 

50. Lighting and ventilation of rooms. 

51. Lighting and ventilation of public halls. 

52. Sinks. 

53. Water closets. 

54. Removal of cesspools, etc. 

55. Basements and cellars to be damp 

proof, etc. 

56. Doors in shafts and courts. 

57. Construction of fire escapes. 

58. Means of egress. 

alter-^tions of old bcildlngs. 

59. Alterations. 



1480 



TENEMENT HOUSES IN CITIES. 



[Ch.\p. 144. 



Sect. 



MAINTENANCE AND USE. 



60. 
61. 
62. 
63. 
64. 

65. 
66. 
67. 
68. 

69. 
70. 
71. 



73. 

74. 

75. 
76. 
77. 
78. 
79. 
80. 
81. 



Lighting of public halls in the daj-time. 

Lighting of public halls at night. 

Water closets in cellars. 

Water closet accommodations. 

Occupation of basement and cellar 
rooms for living purposes. 

Floors around water closets and sinks. 

Repairs. 

Water supply. 

Buildings to be kept clean and free 
from refuse matter, etc. 

Walls of courts to be whitened, etc. 

Walls and ceilings of rooms, etc. 

Wall paper. 

Receptacles for ashes, etc., to be pro- 
vided. 

Certain uses prohibited. 

Not to be used for storage of combus- 
tible materials, etc. 

Bakeries and fat boiling. 

Other dangerous businesses. 

Janitor or housekeeper. 

Overcrowding. 

Letting of lodgings regulated. 

Board of health may order repairs, etc. 

Infected and uninhabitable houses to be 
vacated. 



Sect. 

82. Repair of fire escapes. 
S3. Scuttles, bulkheads, etc., to be easily 
accessible at all times, etc. 



86. 



REQUIREMENTS AND REMEDIES. 

Inspector of buildings. Appointment. 

Permit for construction or alteration of 
tenement house. 

Building not to be occupied until after 
approval, etc. 

Enforcement of provisions. 

Building erected, etc., in \-iolation of 
this act to be deemed a common nui- 
sance, etc. 

Penalties. 

.\ction of board of health, etc., may be 
renewed by superior court. 

Right of entry. 

Liens. 

Notice of pendency of action to be filed, 
etc. 

Owner's name, etc., to be registered, 
etc. 

Service of notices. 

Service of summons. 

Certain names and addresses to be in- 
dexed, etc. 

Repeal. 



GENEILIL PROVISIONS. 

i9i3,'TsG?'§' 9s. Section 1. This chapter shall apply to all cities except Boston which 1 

accept it or have accepted corresponding provisions of earlier laws by a 2 

vote of the city council with the approval of the mayor. .3 



Definitions. 
1913, 7SG, § 2. 



Section 2. The following words used in this chapter shall have the 1 
following meanings: 2 

"Acceptance of this chapter" shall include the acceptance of corre- .3 
spending provisions of earlier laws. 4 

"Alcove", any part of a room partitioned off by fixed or movable 5 
partitions of any material, by curtains or portieres, or by other con- 6 
trivance or de\dce, and intended or designed to be used for living 7 
purposes. 8 

"Basement", a story partly under ground but having not less than 9 
one half its height above the level of the curb, and also having one 10 
half its height in every part above the level of the adjoining ground. 1 1 

"Cellar", a story more than one half below the level of the curb or 12 
adjoining ground. 13 

"Corner lot", a lot situated at the. junction or intersection of two 14 
streets each not less than sixteen feet in width, but any lot the outer 1.5 
angle of which is over one hundred and twenty-five degrees shall not be IG 
considered a corner lot. Any portion of the width of the front of such 17 
lot distant more than fifty feet and any portion of the depth of such lot 18 
distant more than one hundred feet from such a junction or intersection 19 
shall not be regarded as part of a corner lot, but shall be subject to the 20 
provisions of this chapter respecting interior lots. 21 

"Court", an open unoccupied space, other than a yard or front yard, 22 
on the same lot with a tenement house. A court extending to the street, 23 



Chap. 144.] tenement houses in cities. 1481 

24 yard, front yard or side yard is an "outer court". A court not so ex- 

25 tending is an "inner court". 

26 "Existing", existing at the time of the acceptance of this chapter or 

27 corresponding provisions of earher laws. 

28 "First class construction". A tenement house of first class construc- 

29 tion is one constructed of fireproof material throughout, with floors built 

30 of steel or re-enforced concrete beams, filled in between with terra cotta 

31 or other masonry arches or with concrete or re-enforced concrete slabs; 

32 wood may be used only for under and upper floors, windows and door 

33 frames, sashes, doors, interior finish, hand rails for stairs, necessary 

34 sleepers bedded in cement, and for isolated furrings bedded in mortar. 

35 There sliall be no air space between the top of any floor arches and the 

36 floor boarding. 

37 "First story", the lowest story, the ceiUng of which is six feet or more 

38 above both the level of the curb and tlie level of tlie adjacent ground. 

39 In determining the height of any building by stories, the stories thereof 

40 beginning witli such first story shall be numbered upward. 

41 "Front" of a lot, that boundary line which borders on the street. In 

42 the case of a corner lot the owner may elect by statement on his plans 

43 either street boundary line as the front. 

44 "Half story" or "attic", any story included in the roof, the cubic 

45 contents of which, exclusive of cockloft or blind attic not exceeding 

46 three feet in height at the highest point, is not more than sixty per cent 

47 of the cubic contents of the first story. 

48 "Heiglit", the perpendicular distance measured in a straight line from 

49 the curb le\'el, or from the finished grade line of the lot where such grade 

50 is higher than the curb, to the mean height above the ea^'es of any slop- 

51 ing roof, and to the highest point of the roof beams in tlie case of flat 

52 roofs, except that in the case of flat roofs a parapet exceeding three feet 

53 in height shall be considered a part of the height of the building, the 

54 measurements in all cases to be taken through the centre of the street 

55 front of the house. Where a building is on a corner lot and there is more 

56 than one grade or curb level, the measurements shall be taken from the 

57 centre of the front on the street ha\'ing tiie lowest ele'V'ation. 

58 "Interior lot", any lot other than a corner lot. 

59 " Lot ", the plot of groimd covered by and adjacent to a tenement house 

60 or dwelling house and devoted exclusively to the purposes of such house, 

61 as shown by tlie plan of such lot furnished to the building department 

62 pursuant to section eighty-five. 

63 "Nuisance" includes all public nuisances as known at common law 

64 or in equity jurisprudence; and furthermore, whatever is dangerous to 

65 human life or detrimental to health, whatever building or erection, or 

66 part or cellar thereof, is overcrowded with occupants or is not pro\ided 

67 with adequate ingress or egress to and from the same or apartments 

68 thereof, or is not sufficiently supported, ventilated, sewered, drained, 

69 cleaned or lighted in reference to its or their intended or actual use; and 

70 whatever renders the air or human food or drink unwholesome, are also 

71 severally in contemplation of this chapter, nuisances; and such nuisances 

72 are hereby declared unlawful. 

73 "Occupied spaces". Porches, platforms, except those on the first story 

74 when the basement is not occupied or designed or intended to beoccupieil 

75 for habitation, and outside stairways, except fire escapes and steps lead- 

76 ing to the first story, shall be considered as part of the building and not 

77 as part of the yard or courts or unoccupied areas. 



1482 TENEMENT HOUSES IN CITIES. [ChaP. 144. 

"Public hall", a hall, corridor or passageway not within an apartment. 78 

"Rear" of a lot, the side opposite to the front. In the case of a corner 79 
lot with streets on three sides, or of a triangular or irregularly shaped 80 
lot abutting on two streets at their junction or intersection, the rear shall 81 
be a side not bordering on a street. 82 

"Second class construction". A tenement house of second class con- 83 
struction is one of which the exterior and party walls are fireproof and 84 
conform to the requirements of first class construction as defined by 85 
law or by ordinance of the city in which it is situated. 86 

"Stair hall" includes the stairs, stau- landings and those parts of the S7 
public halls tlirough which it is necessary to pass in going from the en- 88 
trance floor to the roof. 89 

"Street" includes any right of way dedicated to public use, any public 90 
alley, or railroad right of way sixteen feet or more in width, any ceme- 91 
tery or public park. 92 

"Tenement house", any house or building, or part thereof, which is 93 
rented, leased, let or hired out, to be occupied, or is occupied, or intended, 94 
arranged or designed to be occupied as the home or residence of two or 95 
more families (a family may consist of one or more persons), living in- 96 
dependently of each other and doing their cooking on the premises and 97 
having a common right in the halls, stairways, yard, com-ts, cellar, sinks, 98 
water closets or privies, or any of them. Where the occupants of dwelling 99 
houses contiguous and vertically divided, each occupied or intended, 100 
arranged or designed to be occupied as the home or residence of one 101 
family or more, have a common right in or use in common the halls, 102 
stairways, yards, cellars, sinks, water closets or privies, or any of them, 103 
such dwelling houses shall be deemed to be tenement houses and shall be 104 
subject to this chapter. 105 

"Thereafter", after the acceptance of this chapter or corresponding 106 
provisions of earlier laws. 107 

"Third class construction". A tenement house of third class con- 108 
struction is one of which the exterior walls or parts thereof are of com- 109 
bustible materials and do not conform to the requirements of first class 110 
construction. Ill 

"Yard", an open unoccupied space on the same lot with the tenement 112 
house between the extreme rear line of the house and the exti'eme rear 113 
line of the lot. A "front yard" is an open unoccupied space between 114 
the front line of the house and the front line of the lot. A "side yard" is 115 
an open unoccupied space between the side line of the main part of the 1 16 
house and the side line of the lot and shall be deemed an outer court on 117 
the lot line. 118 

Words used in the present tense include the future; words in the 119 
masculine gender include feminine and neuter; the word "shall" is al- 120 
ways mandatory, and denotes that the house shall be maintained in all 121 
respects according to the mandate so long as it continues to be a tene- 122 
ment house; whenever the words "charter", "ordinances", "regula- 123 
tions". "building department", "building inspector", "health depart- 124 
ment", "board of health", "department charged with the enforcement 125 
of this chapter", or "city solicitor" occur in this chapter they shall be 126 
construed as if followed by the words " of the city in which the tenement 127 
house is situated"; wherever the words "is occupied" are used in this 128 
chapter applying to any building, such words shall be construed as 129 
if followed by the words "or is intended, arranged or designed to be 130 
occupied." 131 



Chap. 144.] tenement houses in cities. 1483 

1 Section 3. Unless otherwise specifically provided therein, sections AppHoation 

2 nine to forty-nine, inclusive, shall apply only to tenement houses erected Sections'. 

3 after the acceptance of this chapter, and sections fifty to fifty-nine, in- 

4 elusive, only to tenement houses erected prior to such acceptance. 

1 Section 4. This chapter shall be held to provide the minimum i.aw not to 

2 requirements adopted for the protection of the health and safety of the i9i3,°786!§'5. 

3 community. Nothing in this chapter shall be construed as prohibiting 

4 any city from enacting from time to time supplementary ordinances im- 

5 posing further restrictions, but no city authority shall have power to 

6 minimize, avoid or repeal any provision of this chapter. 



1 Section 5. The provisions of this chapter with reference to sewer water and 

2 connection and water supply shall be deemed to apply only where nections"' 

3 connection with a sewer and with a water main is or becomes practicable. ll\l\ 79I; | f; 

4 The cjuestions of the practicability of such sewer and water connections i*'^'-'' ^^O' 5 96. 

5 shall be decided by the local board of health, or by the department of 

6 public health upon request of the local board. 

1 Section 6. The department of public health may examine into the Power of de- 

2 enforcement of the laws relating to tenement houses in any city. When- pubi"rheaUh. 

3 ever so required by the governor, it shall make such an examination and |qJ|; ^fi'. i 1' 

4 shall report the result thereof to the governor within the time prescribed ^^^^' ^^°' 5 ^''■ 

5 by him. 

1 Section 7. In tenement houses erected prior to the acceptance of [^J?e°mtde°'^ 

2 this chapter by a city, all improvements specifically required thereby witiiin one 

3 shall be made within one year thereafter, or at such earlier time as may acceptance. 

4 be fixed by the building inspector. 

1 Section 8. A building not a tenement house, if converted or altered ^"nlSld or 

2 to such use after the acceptance of this chapter, shall thereupon become ^gf'f igg . 3 

3 subject to all the provisions thereof affecting tenement houses erected 

4 thereafter. 

1 Section 9. No tenement house shall at any time be altered so as Alterations 

2 to be in violation of any provision of this chapter. If any tenement house, Sccupancy^ ° 

3 whenever erected, or any part thereof is occupied by a number of families ^^^^' ^*^' ^ *' 

4 in excess of the number specified in this chapter, or is erected or altered 

5 or occupied contrary to law, such tenement house shall be deemed an 
G unlawful structure, and the board of health may cause such building to 

7 be vacated; and it shall not again be occupied until it or its occupation, 

8 as the case may be, has been made to conform to the law, and a written 

9 permit is obtained from the board of health. 

NEW BUILDINGS. LIGHT AND VENTILATION. 

1 Section 10. No tenement house of third class construction shall be Distance from 

2 erected, enlarged or placed with the side walls, bay windows or other m3'°786?l 9. 

3 projections, except cornices, belt courses and window sills, nearer than 

4 five feet to the line of any adjoining lot, nor shall any lot upon which 

5 such a tenement house stands be so changed in size as to bring the side 

6 walls or bay windows or other projections, except as aforesaid, nearer 

7 than five feet to the line of any adjoining lot. But any such tenement 



1484 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



house may be constructed to the lot line if protected by a fire wall as 8 

provided in section forty-seven. 9 

If the side walls of any tenement house of first or second class con- 10 

struction are built to the lot line there shall be no windows or any other 11 

openings in such walls. 12 



Height. 

1913, 786, § 10. 



Section 11. No tenement house shall have more than one legally 1 

habitable story for each full ten feet of the width of the street, unless 2 

such house be set back from the street a distance equal to the excess of 3 

its height over that permitted at the street line. On a corner lot the 4 

height shall be governed by the width of the wider street, as above, but 5 

this height shall not extend along the narrower street a distance greater 6 

than twice the width of said street. 7 



Yards. 
1913,786, § 11. 



Section 12. Behind every tenement house there shall be a yard 1 

extending across the entire width of the lot and at every point open 2 

from the ground to the sky unobstructed, except as hereinafter provided. 3 

Every part of such yard shall be directly accessible from every other part 4 

thereof. The depth of said yard shall be measured from the extreme 5 

rear of the house toward the rear line of the lot. Where the rear of the 6 

lot abuts on a public alley or right of way dedicated to public use for 7 

the full width of the lot, the depth of the lot may be measured to the 8 

middle line of such alley or right of way; where there is no such alley 9 

or right of way the measurements shall be taken to the rear lot line. If 10 

the tenement house is three stories or less in height the depth of the yard 1 1 

in the case of interior lots shall be not less than fifteen feet, and the depth 12 

of the yard in the rear of corner lots shall be not less than ten feet. If 13 

the tenement house exceeds three stories in height, the depths above 14 

prescribed in the case of interior lots shall be increased five feet and in 1.5 

the case of corner lots shall be increased two feet for each story abo\'e 16 

three stories. \Vlien a lot upon which a tenement house is built is 17 

bounded on every side by a street the yard may be omitted. 18 



Courts. 

1913, 786, § 12 



Section 13. The sizes of all courts shall be proportionate to the 1 
height of the building. No court shall be less in any part than the mini- 2 
mum sizes prescribed in this section. The minimum width of a court 3 
for a two story building shall be ten feet, and the width shall increase 4 
two feet for each additional story. The length of an inner court shall 5 
never be less than twice the minimum width prescribed by this section. 6 
The length of an outer court shall never be greater than twice its mini- 7 
mum width unless provided at the inner end with an air intake at the 8 
bottom, as prescribed in section fifteen, which shall communicate di- 9 
rectly with the street or yard or front yard. The minimum width for 10 
an outer court on the lot line extending from the street or front yard to 11 
the yard shall be ten feet for a three story building, and the width shall 12 
increase one foot for each additional story. 13 



opTn'aVt'op^ Section 14. No court shall be covered by a roof or skylight, but 1 

1913, 780, i 13. every court shall be at every point open from the ground to the sky 2 

unobstructed. 3 



i9i3°786r§ 14. Section 15. In every tenement house four stories or under in 1 
height, every inner court shall be provided with one or more horizontal 2 
air intakes at the bottom. Such intakes shall communicate directly 3 



Chap. 144.] tenement houses in cities. 1485 

4 with the street, front yard or yard, and shall consist of a fireproof 

5 passageway not less than three feet wide and seven feet high which 

6 shall be left open, or be provided with an openwork gate at each end, 

7 and such gate shall not be covered o\-er in any way either by glass or 

8 any other material. If the tenement house is over four stories in height 

9 there shall be two or more such intakes, one communicating with the 
10 street or front yard and one with the yard. 

1 Section 16. Extensions or offsets to courts are permitted for the Extensions or 

2 purpose of lighting bathrooms, water closets and corridors only, but courts. '° 

3 no such extension or offset shall be less than six feet in width in any part; ^^^^' '^^''' ^ '^■ 

4 its depth may be less than but never greater than its width. Such 

5 dimensions shall be deemed the minimum dimensions for a two story 

6 house, and shall increase one foot for each story above two stories. 

1 Section 17. Nothing in the foregoing sections concerning courts Building ot 

2 shall be construed as prohibiting the building of walls across the angles angles^^n°^' 

3 of said courts to contain windows; provided, that the running length of 1913^736, § le. 

4 the wall containing such windows does not exceed six feet. 

1 Section 18. If any building is thereafter placed on the same lot Placing of 

2 with a tenement house, whenever erected, there shall always be main- saineToMv°ith 

3 tained between the said buildings an open unoccupied space extending hoTses!"' 

4 upward from the ground and extending across the entire width of the ^^^^' ''^°' ^ ^''■ 

5 lot. Except as otherwise provided by special acts, such space shall 

6 never be less than twenty-five feet in depth, and \\here either building 

7 exceeds three stories in height the depth of such open space shall be in- 

8 creased five feet for each story above three. No building of any kind 

9 shall thereafter be placed upon the same lot with a tenement house, 

10 whenever erected, so as to diminish the minimum size of courts or yards 

11 as hereinbefore prescribed, except that where an alley not less than ten 

12 feet wide abuts on the rear of the lot, a rear building, if not used for 

13 tenement house or stable or manufacturing purposes, may be built up 

14 to the rear line of the lot; provided, that it does not exceed one story in 

15 height and that the space between it and the front building is maintained 

16 as required by this section. If any tenement house is erected upon any 

17 lot upon which there is already another building, it shall comply with 

18 this chapter, and, in addition, the space between the said building and 

19 the said tenement house shall be of such size and arranged in such 

20 manner as is prescribed in this section, the height of the highest building 

21 on the lot to regulate the dimensions. 

1 Section 19. No tenement house shall be erected upon the rear of P™' , 

i.,.!,. 1. p . , tenements. 

2 a lot where there is a buildmg on the front of the said lot, nor upon the isis. 7si;. § is. 

3 front of any such lot upon the rear of which there is a tenement house 

4 whenever erected or a stable or building used for manufacturing pur- 

5 poses. This provision shall not apply to tenement houses abutting on 

6 two streets and situated on the outside corner of the lot. 

1 Section 20. Every apartment shall have at least one room with a Lightine. etc. 

2 window opening directly upon the street or yard, and every room shall ^^^^' ^''"' ^ '^' 

3 have at least one window opening directly upon the street or upon a 

4 yard or court of the dimensions specified in this chapter, except that 

5 kitchenettes, pantries, water closet compartments and bathrooms may 



1486 



TENEMENT HOUSES IX CITIES. 



[Chap. 144. 



Area of vdn- 
dows. etc. 
1913, 7SB, § 2 



Size of rooms. 
1913. 7S0. § 21. 



have such window opening upon an off.set to a court, as provided in sec- 6 

tion sixteen, and such window shall be so located as properly to light all 7 

parts of such rooms. 8 

Section 21. The total area of the windows between stop beads in 1 

each room, including kitchenettes, water closet compartments and bath- 2 

rooms, shall be at least one seventh of the floor area of the room, and 3 

the top of at least one window shall be not less than seven feet six inches 4 

above the floor, and the upper half of it shall be made so as to open the 5 

full width. No such room shall have less than twelve square feet of 6 

^\ indow area measured between stop beads, except that in kitchenettes, 7 

water closet compartments and bathrooms such windows shall be not less 8 

than six square feet in area between stop beads. 9 

Section 22. There shall be in each apartment at least one room con- 1 

taining not less than one hundred and fifty square feet of floor area, and 2 

every other room, except kitchenettes, water closet compartments and 3 

bathrooms, shall contain not less than eighty-four square feet of floor 4 

area. All rooms shall be in every part not less than eight feet six inches 5 

from the finished floor to the finished ceiling, except that a half story 6 

room need be eight feet six inches in height in but one half of its area. 7 



Alcoves, etc. 
1913, 786, § 22. 



Section 23. An alcove in any room shall be separately lighted and 1 

ventilated as provided for rooms in the foregoing sections. No part of 2 

any room in a tenement house, whenever erected, shall be enclosed or 3 

subdi\aded at any time, wholly or in part, by a curtain, portiere, fixed or 4 

movable partition, or other contrivance or device so as to make an alcove, 5 

unless the part of the room so enclosed or subdivided shall contain a sepa- 6 

rate window, as herein recjuired, and shall have a floor area of not less than 7 

eighty-four square feet. 8 

^Qis.fie, 5 23. Section 24. In each apartment there shall be access to every living 1 

room and bedroom, and to at least one water closet compartment with- 2 

out passing through a bedroom or bathroom or water closet compartment. 3 



^'bUc halls. Section 25. Every public hall and stair hall shall have at each story 

1013. 786, § 24. gj. ]pgg^ Qj^g window opening directly upon the street or upon a yard or 
court of the dimensions specified in this chapter. Such window in a 
public hall shall be at the end of the hall with the natural direction of the 
light parallel to the hall's axis. Any part of a public hall which is in 
any way shut off from any other part of the hall shall be deemed a sepa- 
rate hall within the meaning of this section. 



sizes of 

windows in 

halls. 

1913, 7S6, I 25. 



Section 2G.- The windows provided to light and ventilate each public 1 

hall and stair hall, or part thereof, shall contain not less than twelve 2 

square feet clear opening, measured between stop beads. The top of one 3 

such window shall be not less than seven feet six inches above the floor, 4 

and the upper half thereof shall be made so as to open the full width. 5 

A sash door shall be deemed the equivalent of a window in this and the G 

foregoing section; provided, that said door contains a clear opening of the 7 

size prescribed for such windows. In every tenement house of tliree or 8 

more stories, whenever erected, there shall be in the roof directly over each 9 

stair well a ridge ventilator having a minimum opening of forty square 10 

inches and v.itli fixed or mo^•able louvres. 1 1 



CH-^P. 144.] TENEMENT HOUSES IN CITIES. 1487 



SANITATION. 

1 Section 27. No room in the cellar or basement shall be constructed, n^enflnd^*" 

2 altered, converted, or occupied for living purposes, unless, in addition (p""J°'""'' 

3 to the other requirements of this chapter, all of the following conditions purposes. 

4 are complied with : In a cellar no room shall be so occupied unless it is in 

5 every part entirely above the finished grade of the adjoining land. Such 

6 occupied cellar shall be counted as a story in determining the size of 

7 courts and yard. In a basement no room shall be so occupied unless the 

8 ceiling in every part is at least four and one half feet above the curb level 

9 of the street in front of such room. Every such room shall be an integral 

10 part of an apartment containing a room opening directly upon the street 

11 or yard. There shall be appurtenant to every such apartment a sepa- 

12 rate water closet, constructed and arranged as required by section thirty- 
1.3 two. All walls surrounding such room, and the floor thereof, shall be 
14 damp proof. 

1 Section 28. The cellar floor and the walls below the ground level ing'^?c'"'o°'" 

2 shall be damp proof. All cellars and basements shall be properly lighted 5^'jj''''7g5 27 

3 and ventilated in all their parts to the satisfaction of the board of health. 

1 Section 29. In any tenement house under any part of which there Spaces under 

2 is no cellar, the first story shall be at least two feet above the ground loJa^ 736, § 28. 

3 beneath and that adjacent thereto, and the space beneath such floor 

4 shall be kept free and clear and shall be enclosed to prevent the accumu- 

5 lation of rubbish, but provided with ample ventilation and adequate 

6 drainage. 

1 Section 30. All courts, areas and yards shall be properly graded and J/eou^f* 

2 drained and, subject to section five, connected with the street sewer. ^fg^g'^Vsg- 5 29 

3 And when necessary in order to keep such premises in a sanitary con- 

4 dition such courts, areas or yards, or such part thereof as the board of 

5 health shall order, shall be properly paved. 

1 Section 31. There shall be a proper sink in each apartment. ma^'^sr, § 30 



1 Section 32. There shall be within each apartment a separate water Construction. 

2 closet, located in a bathroom or in a separate compartment; provided, cioset°s. **" " 

3 that where there are apartments of but one or two rooms there shall '®^^' ^^'^' ^ ^'" 

4 be at least one water closet for every two such apartments, and such 

5 water closet shall not open into any apartment but shall be accessible 

6 through a public hall, and the door thereof shall be provided with lock 

7 and keys, and such compartment and water closet shall complj^ in all 

8 other respects with this chapter. Said compartment shall be not less 

9 than three feet wide, and shall be enclosed with brick, concrete, stone, 

10 tiled or plastered partitions which shall extend to the ceiling. No wooden 

11 sheathing or wainscoting shall be permitted. Every such compartment 

12 shall have a window opening directly upon the street or upon a yard or 

13 court of the minimum size prescribed by this chapter. Every water 

14 closet compartment thereafter placed in any tenement house, whenever 

15 erected, shall be provided with proper means of lighting the same at 

16 night. The floor of every such water closet compartment shall be made 

17 waterproof with asphalt, tile, stone or some other non-absorbing water- 



1488 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



proof material; and such waterproofing shall extend at least six inches 18 
above the floor so that the floor can be washed or flushed out without 19 
leaking. When the water closet fixture is located in a bathroom the 20 
floor directly beneath the fixture and extending at least one foot beyond 21 
it in each direction shall be waterproofed as above provided. No drip 22 
trays shall be permitted. No water closet fixtures shall be enclosed with 23 
woodwork. No water closet shall be placed out of doors nor in the cellar 24 
of any tenement house, whenever erected, except as provided in section 25 
twenty-seven or as an appurtenance to an engine or boiler room or 26 
laundry and then only in case such cellar closet is lighted and ventilated 27 
as required in this chapter for a basement room. 28 



Plumbing. 
1913, 78(i. § 32. 



Section 33. Plumbing fixtures shall not be enclosed with wood- 1 
work. All plumbing pipes shall be exposed, except as may otherwise 2 
be permitted by the board of health. Wherever plumbing or other pipes 3 
pass through floors or partitions they shall pass through metal bushings 4 
or casings extending entirely through the floor or partition, and the inner 5 
diameter of such bushing or casing shall in no case exceed the outer 6 
diameter of such pipe by more than one thirty-second of one inch, and 7 
such bushings or casings shall be so set in floors or partitions as to be 8 
externally air tight. All plumbing work shall be sanitary in every par- 9 
ticular and except as otherwise specified in this chapter shall be in 10 
accordance with the local plumbing regulations. Pan and long hopper 11 
closets shall not be used. 12 



^"'^^ Section 34. All sinks and water closets shall be provided with an 1 

1913, 786, § 33. adequate supply of running water as approved by the board of health. 2 



Privies. 
1913, 786, 



34. 



Section 35. No privy or privy vault shall be permitted on the same 1 
lot with any tenement house. 2 



FIRE protection. 

SqulroT''"" Section 3G. No tenement house of third class construction shall 1 

1913, 780, § 35. Ije erected exceeding two and one half stories in height in any part, nor 2 

shall it be occupied, nor intended, arranged or designed to be occupied, 3 

by more than two families. No tenement house of second class con- 4 

struction shall be erected exceeding four stories in height, nor shall it 5 

exceed twenty-fi\'e hundred square feet in superficial area between fire 6 

walls. Any tenement house which exceeds four stories in height shall 7 

be of first class construction. A basement or cellar the ceiling of which 8 

extends more than three feet above the curb level shall be a story within 9 

the meaning of this section. 10 



Fire escapes. 
1913, 786, § 30. 



Section 37. In every tenement house which exceeds two and one 1 

half stories in height in any part, there shall be one or more fire escapes 2 

located and constructed as provided in this section. 3 

Such fire escape shall be so located as to permit of unobstructed egress 4 

from every apartment on each floor abo\'e the ground floor, and in no 5 

case shall such egress be through any bathroom, water closet, storage 6 

room or public hall, nor shall any opening giving egress to any fire escape 7 

be smaller in size than the minimum provided for windows by section 8 

twentv-six. 9 



CH-^P. 144.] TENEMENT HOUSES IN CITIES. 1489 

10 No fire escape shall be placed witbiii or open upon any inner court 

11 unless such court measures at least twenty-four feet in its least dimen- 

12 sion, and unless the consent of the building department shall have been 

13 obtained for such location. 

14 Fire escapes shall, at the option of the owner, be constructed after one 

15 of the methods hereinafter specified and described, to wit: 

16 A. A wholly enclosed tower stairway, with an adjacent open air 

17 vestibule at each floor. 

18 Every such vestibule shall be constructed with brick, terra cotta or 

19 concrete walls not less than eight inches thick at any point, and shall 

20 ha\e at least one of such enclosing walls formed by an outer wall of the 

21 building, and in such outer wall there shall be a permanent opening to the 

22 outer air, of an area not less than eighty per cent of the total area of 

23 such vestibule wall, and of a height not less than the clear story height. 

24 Such opening, if reaching to the floor of the vestibule, shall be provided 

25 with a railing of suitable height and strength. The floors of vestibules 

26 shall be constructed wholly of incombustible material. 

27 If one apartment on each floor is to be served by this fire escape then 

28 one side wall (i.e., a wall at right angles to the outer wall) of each vesti- 

29 bule shall have an approved fire door giving egress from the adjacent 

30 apartment; or, if two apartments on any floor are to be served by this 

31 fire escape, the vestibule at such floor must be so located as to provide 

32 unobstructed egress from each apartment by means of an approved fire 

33 door in each side wall of the vestibule. Such fire doors shall be not less 

34 than three feet in clear width nor less than six feet and six inches in clear 

35 minimum height, and shall not be secured or fastened except upon the 

36 apartment side, and then only by means of locking bars or other easily 

37 operated device having no removable parts. If there are openings from 

38 basement or cellar floors into the vestibule they shall be provided with 

39 self-closing fire doors and there shall be a permanent opening in the 

40 outer wall, all as hereinbefore described. 

41 On the side of each vestibule opposite the opening to the outer air shall 

42 be constructed an approved fire door giving access to the stairway tower. 

43 Every such door shall be of the size hereinbefore described, of self-closing 

44 pattern but without locks or other fastenings, and shall contain an upper 

45 lighting panel of wire glass at least six feet in area. There shall be no 

46 openings into such a vestibule other than those hereinbefore described. 

47 The stairway tower shall be not less than six feet six inches in clear 

48 width, and shall be constructed with walls of brick, terra cotta, or con- 

49 Crete not less than eight inches thick at any point. Such walls shall 

50 extend from the ground to a point not less than two feet above the roof, 

51 and shall be so constructed as to be impervious to smoke. There shall be 

52 no doorways or other openings of any kind in such walls except the door- 

53 ways connecting with the above described vestibules, and excepting an 

54 egress doorway opening at the ground level, such egress door to open 

55 outwardly, and if secured to be fastened upon the inside only. No such 

56 ground level door shall be secured by means of sliding bolts, nor by a 

57 lock or other apparatus requiring a key or otiier similar removable device. 

58 Within the stairway tower shall be provided a stairway with a landing 

59 at the level of each doorway, each landing to extend the full width of 
GO the shaft and to be at least six inches wider in clear width than the door 

61 opening thereon. Stairs and such intermediate landings as may be re- 

62 quired shall be not less than three feet in width measured to the centre 

63 of balustrades, and shall be provitled with balustrades and wall rails. 



1490 TENEMENT HOUSES IN CITIES. [ClU.P. 144. 

Stairs shall be placed at an angle not exceeding forty-five degrees from the 64 

horizontal; treads to be not less than eight inches wide, and risers not to 65 

exceed nine inches in height. Winders shall not be permitted, nor shall 66 

there be less than three steps between any two landings. All such stair- 67 

ways, landings and balustrades shall be of incombustible material, ex- 68 

cept that wooden hand rails and wall rails may be used. 69 

Every such shaft shall be roofed and provided with a skylight not less 70 

than sixteen square feet in area, glazed with wire glass one fourth inch or 71 

more in thickness set in metal frame and sash, and shall also have placed 72 

centrally in such skylight a suitable ventilator of not less than two hun- 7-3 

dred and twenty-five square inches area. 74 

The above described type of fire escape may at the option of the owner 75 

be used as a regular service stairway. 76 

B. An enclosed tower stairway, similar to the above, except that 77 
access to the same shall be provided by means of an outside balcony in 78 
each story above the ground floor, instead of by means of the vestibules 79 
hereinbefore described. Such balconies shall be constructed wholly of 80 
incombustible material, shall be provided with well braced balustrades 81 
of proper height on outer side and ends, and shall extend beyond at least 82 
one door or window opening into each adjacent apartment. All doors 83 
opening into the stairway tower shall be as described for type "A" fire 84 
escape. 85 

C. An outside balcony or balconies at each floor above the first floor. 86 
Such balconies shall be constructed wholly of incombustible material 87 

approved by the building department. They shall be not less than two 88 

feet in width at any point, and shall be provided with suitable balustrades 89 

and hand rails on outer sides and ends. 90 

Each balcony shall communicate with the balcony next below by 91 

permanent stairways placed at an angle of not more than forty-five de- 92 

grees from the horizontal, treads shall not be less than eight inches wide 93 

nor shall risers exceed nine inches in height, and each stairway shall be 94 

provided with balustrades and hand rails and shall measure in width not 95 

less than twenty-four inches measured from centres of hand rails. 96 

A counterbalanced stairway shall be provided extending from the low- 97 

est balcony to the ground, arranged to be lifted and supported when 98 

not in use in a manner satisfactory to and approved by the building 99 

inspector. 100 

All such balconies shall extend to and include at least one floor or 101 

window in every apartment on e\'ery floor above the ground floor, exclu- 102 

sive of windows in bathrooms, water closets, storage rooms or public 103 

halls. 104 

Floors of all balconies required by this chapter and treads of stairs 105 

appurtenant to balconies and fire escapes shall be constructed of grating 106 

pattern, and shall have the bars separated by a clear space of not over 107 

one inch, and shall be so constructed as safely to sustain a live load of not 108 

less than seventy pounds to the square foot of floor area. Balconies, 109 

unless it is otherwise provided by existing building laws or regulations, 110 

may project into the public highway for a distance not greater than four 111 

feet beyond the established building line. In case of tenements with flat 112 

roof, the balconies on the upper floors shall, if required by the building 113 

department, be provided with stairs or a gooseneck ladder leading from 114 

such balcony to the roof and securely fastened thereto. 115 

All balustrades in this section shall have vertical bars placed not more 116 

than six inches on centres. 117 



Chap. 144.] tenement houses in cities. 1491 

118 All balconies forming part of or constituting fire escapes, and all appur- 

119 tenances thereof, shall be subject to such supplementary regulations as 

120 are in force or as may hereafter be adopted by any city or by the building 

121 department thereof. 

122 All doors opening upon fire escape balconies within six feet of the stair- 

123 ways shall be of self-closing fire resisting pattern. 

124 All windows opening upon fire escape balconies within six feet of the 

125 stairways sh.all be self-closing of wire glass set in metal frames and sash. 

1 Section 38. E\'ery tenement house exceeding two and one half o^uikheads 

2 stories in height and having a flat roof shall have in the roof a bulkhead jgf./^s"'! 37 

3 or scuttle not less than two feet by three feet in size. Such bulkhead or 

4 scuttle shall be covered with metal on the outside and shall be provided 

5 with stairs leading thereto and easily accessible to all tenants of the 

6 building. No bulkhead or scuttle shall be located in a closet or room, but 

7 shall be placed in the ceiling of the public hall on the top floor, and access 

8 through the same to the roof shall be direct and uninterrupted. 

1 Section 39. In every tenement house there shall be at least one stairs and 

2 flight of stairs extending from the entrance floor to the top story. In igia'.'^ysl, M8. 

3 every tenement house of third class construction there shall be at least 

4 two independent flights of stairs with separate entrances leading from the 
.5 entrance floor to the top story, said flights of stairs being at two points 

6 as far apart as is possible in the opinion of the building department, and 

7 one of said flights of stairs may consist of outside, open stairs and bal- 

8 conies. In all cases said stairs shall be directly accessible from each 

9 apartment, without passing through any other apartment. All stairs 

10 and balconies and all public halls shall be at least three feet six inches 

11 wide in the clear. All stairs shall be constructed with a rise of not more 

12 than eight inches and with treads not less than nine inches wide. 

13 AVinders shall not be permitted in any staircase. 

1 Section 40. In every tenement house of second class construction Fireproof 

2 exceeding two and one half stories in height the stairs and stair halls atalr^aUs 

3 shall be constructed of incombustible material throughout, except that Jenement" 

4 treads may be of hard wood not less than one and three quarters inches ^°^"*^| "{^^^ 

5 thick. Wooden hand rails shall be permitted. The floors of all such stair igi-g^'jgg T39 

6 halls shall be constructed of incombustible material, and no wooden 

7 flooring or sleepers shall be permitted. All such stairs and stair halls 

8 shall be enclosed on all sides with brick, terra cotta or concrete walls 

9 not less than eight inches thick. There shall be no transom or sash 

10 opening from any such stair hall to any other part of the house. Each 

11 stair hall shall be shut oft" from all non-fireproof parts of the building, 

12 on each story, by self-closing fire doors, and if glass is used in such doors 

13 it shall be of wire glass in metal frames and sash. 

1 Section 41. Every entrance hall shall be at least four feet wide in Entrance 

2 the clear. isis, 786. § 40. ''*"'*• 

1 Section 42. All shafts shall be constructed of incombustible ma- shafts to be 

2 terials throughout, with self-closing fire doors at all openings at each con/truafon. 

3 story; and, if they extend to the cellar, shall also be enclosed in the i^i^. ''se, § 41. 

4 cellar with incombustible walls and self-closing fire doors at all openings. 

5 In no case shall any shaft be constructed of materials in which any in- 



1492 



TENEMENT HOUSES IN CITIES. 



[ClL^P. 144. 



flammable material or substance enters into any of the component 6 

parts. But nothing in this section shall be so construed as to require 7 

such enclosures about elevators or dumb-waiters in the well hole of stairs 8 

where the stairs themselves are enclosed in brick or stone walls, and 9 

are entirely constructed of incombustible materials as provided in tliis 10 

chapter. 11 

Ceiling of Section 4.3. In everv tenement house of second class construction 1 

cdi'^r etc ^ 

i9i'3,'7S6; § 42. the cellar ceiling and the ceiling and side walls of the cellar stairs shall 2 

be plastered on metal lath, and the stairs shall be provided at the top 3 

with a self-closing fire door. 4 



Closets under 
first story 
stairs not 
allowed. 



Section 44. No closet of any kind shall be constructed under any 1 
staircase leading from the first story to the upper stories, laia, 7S6, §43. 2 



Section 4.5. There shall be an entrance to the cellar or other lowest 



Outside 
cellar en- 

1913^^756 § 44 story from the outside of the building. 



Finish about Section 46. Whene\-er the plaster finish about any chimney is 1 

1913. 7'86', 5 45. carried on furring, the furring strips shall be of metal, and only metal 2 

lathing shall be used. All recesses about funnel holes shall be finished .3 

wholly with incombustible material at sides, top and bottom. 4 



Fire walls. 
1913, 786, § 40. 



Section 47. Where non-fireproof tenement houses are built in the 1 

form of double houses or terraces or attached or semi-attached rows, 2 

there shall be a fire wall of brick, concrete or terra cotta or other hard 3 

incombustible material approved by the inspector of buildings, separat- 4 

ing every such house from each adjoining house, and such wall shall have 5 

no openings therein, and shall extend from the floor of the basement or 6 

cellar to not less than one foot above the roof, and out to the boarding 7 

of the walls. No wooden beams shall be carried tlirough the fire walls. 8 



Roofing Section 48. Roofs in all parts and the sides of all dormer windows 

1913, 786, § 47. shall be covered with fire resisting material satisfactory to the building 
inspector. 



Wooden 
tenement 
house.s not to 
be used for 
certain pur- 
poses above 
second story. 
1913, 78G, § 48. 



Section 49. In no wooden tenement house shall any story or part 
thereof above the second story be rented, leased, let or hired out to be 
occupied for housekeeping, nor shall it be intended, arranged or designed 
to be occupied for housekeeping, nor shall any provision be made for 
cooking, nor shall any cooking be done above the second story. 



Lighting and 
ventilation of 



rooms. 
1913, 786, 



49. 



improvements in old buildings. 

Section 50. No room or alcove shall thereafter be occupied for living 
purposes unless it shall have a window with an area of not less than ten 
square feet between stop beads opening directly upon the street, or upon 
a yard not less than ten feet deep, or above the roof of an adjoining 
buikling, or upon a court of not less than thirty square feet in area, 
open to the sky without roof or skylight. 



ventiMon"of Section 51. PubHc halls and stairs shall be provided with sufficient 1 
ign °7S6"§ 50 ^^S^^^ *° permit the reading of twelve point t\-pe in the daytime in any 2 



Chap. 144.] tenement houses in cities. 1493 

3 part thereof. Light and ventilation in such halls shall be from the outer 

4 air, except when in the opinion of the building inspector it is impracti- 

5 cable, in which case the lighting and ventilation shall be such as to meet 

6 the approval of the board of health. 

7 All new skylights thereafter placed in a tenement house shall be pro- 

8 vided with ridge ventilators having a minimum opening of forty square 

9 inches, and also with either fixed or movable louvres, or with movable 

10 sashes, and shall be of such size as may be determined to be practicable 

11 by the building inspector. 

1 Section 52. Woodwork enclosing sinks placed in the public halls sinks. 

2 or stairs shall be removed and the spaces underneath shall be left open. 

3 The floors and wall surfaces beneath and around the sink shall be put 

4 in good order and repairs, and if of wood shall be well painted with light 

5 colored paint. 

1 Section 53. Woodwork enclosing every water closet fixture shall J^i3''''78™|'|2 

2 be removed, and the space underneath the seat shall be left open. The 

3 floor and other surfaces beneath and around the closet shall be put in 

4 good order and repair, and if of wood shall be well painted with light 

5 colored paint. 

1 Section 54. Where a connection with a sewer is possible, all cess- Removal of 

2 pools, school sinks, privy vaults or other similar receptacles used to mT.Tse', § 53. 

3 receive fecal matter, urine or sewage shall within one year thereafter 

4 be completely removed and the places where they were located properly 

5 disinfected under the direction of the board of health. Such appliances 

6 shall be replaced by individual water closets of durable non-absorbent 

7 material, properly sewer connected, with individual traps and properly 

8 connected flush tanks providing an ample flush of water thoroughly to 

9 cleanse the bowl. Each water closet shall be located inside the tenement 

10 house in a compartment completely' separated from every other M'ater 

11 closet, and such compartment shall contain a window of not less than 

12 three square feet in area opening directly upon the street or yard, or on 

13 a court of which the least dimension is not less than three feet and the 

14 area not less than fifteen square feet. The floors of the water closet 

15 compartment shall be waterproof, as provided in section thirty-two. 

16 There shall be provided at least one water closet for each apartment 

17 unless, in tlie opinion of the building inspector, this shall be impracti- 

18 cable; but in no case shall there be less than one water closet for every 

19 two apartments. Such water closets and all plumbing in connection 

20 therewith shall be sanitary in every respect, and, except as in this section 

21 otherwise provided, shall be in accordance with the laws, ordinances and 

22 regulations in relation to plumbing and drainage. Pan and long hopper 

23 closets shall not be permitted. 

1 Section 55. Any part of a floor or wall below the adjoining grade," Basements 

2 and in any case the lowest floor, shall be damp proof, and, when neces- bSdamp" '" 

3 sary, shall be concreted with a finished surface. The cellar ceiling shall fgis'^so 5 54 

4 be plastered when so required by the building inspector, except where 

5 such ceiling is already well covered with a metal ceiling or where the 

6 first floor above the cellar is constructed of iron beams and fireproof 

7 filling. 



1494 



TENEMENT HOUSES IN CITIES. 



[ClL\P. 144. 



^nd'coiTrtf "'*' Section 56. At the bottom of every shaft and court there shall be 

1913, 780, § 55. ^ door giving sufficient access to such shaft or court to enable it to be 

properly cleaned out; provided, that where there is already a window 

giving proper access to such shaft or court, such window shall be deemed 

sufficient. 



Construction 
of fire escapes. 
1913,786,156. 



Section 57. All non-fireproof tenement houses which are tlu-ee or 1 
more stories in height and do not have fireproof stairs and stair halls or 2 
adequate fire escapes as required by this chapter, except those of three 3 
stories which have two independent means of egress not directly con- 4 
nected with each other, approved in writing by the building inspector, 5 
and directly accessible to each apartment, shall be provided either with 6 
incombustible outside stairways or with incombustible fire escapes directly 7 
accessible to each apartment without passing through a public hall. 8 

All fire escapes thereafter erected shall be located and constructed as 9 
prescribed in section thirty-seven. 10 

No existing fire escape shall be deemed adequate unless the following 11 
conditions are complied with: 12 

(1) Each apartment above the ground floor shall have a fire escape 13 
balcony directly accessible to it. All balconies shall be capable of sus- 14 
taining a li^'e load of seventy pounds per square foot. 15 

(2) Each balcony shall be properly connected with one other balcony 16 
by adequate stairs or stationary ladders with openings not less than 17 
twenty-four by thirty-six inches, unless such balconies connect adjoining 18 
houses or adjoining parts of the same house separated from each other 19 
by a fire Mall in which there are no openings except such as are protected 20 
by self-closing fire doors. 21 

(3) All fire escapes shall have proper ladders from the lowest balcony 22 
of sufficient length to reach a safe landing place beneath. 23 

(4) All fire escapes not on the street shall have a safe and adequate 24 
means of egress from the yard or court to the street or to adjoining 25 
premises. 26 

(5) Prompt and ready access shall be had to all fire escapes, which 27 
shall not be obstructed in any way. 28 

No existing fire escape shall be extended or have its location changed 29 
except with the written approval of the inspector of buildings. 30 



Means of 



Section 58. Whenever a tenement house is not provided with 1 

1913, 786, § 57. sufficient fire escapes or with sufficient means of egress in case of fire, 2 

the building inspector shall order such additional fire escapes and other 3 
means of egress as may be necessary. 



Alterations. 
1913, 786, § .58. 



alter.\tions of old buildings. 

Section 59. No tenement house shall at any time be so altered 1 

as to be in violation of the requirements of sections ten to forty-nine, 2 

inclusive, except as hereinafter pro\'ided: 3 

(1) Any additional room or hall that is thereafter constructed or 4 
created in a tenement house shall comply in all respects with said sec- 5 
tions, except that such rooms may be of the same height as the other 6 
rooms in the same story of the house. 7 

(2) All shafts shall be constructed fireproof tlu-oughout; with fire- 8 
proof self-closing doors at all openings, at each story; and, if they extend 9 
to the cellar, shall also be enclosed in the cellar with fireproof walls and 10 



ClL\P. 144.] TENEMENT HOUSES IN CITIES. 1495 

11 fireproof self-closing doors at all openings. In no case shall any shaft be 

12 constructed of materials in which any inflammable material or substance 

13 enters into any of the component parts. But nothing in this section 

14 shall be so construed as to require such enclosures about elevators or 

15 dumb-waiters in the well hole of stairs where the stairs themselves are 

16 enclosed in brick or stone walls, antl are entirely constructed of fireproof 

17 materials as proviiled in this chapter. 

18 (3) No tenement house of third class construction containing more 

19 than two apartments shall thereafter be enlarged or extended; except 

20 that a wooden extension not exceeding in total area seventy square feet 

21 may be added to an existing wooden tenement house, provided that ^ 

22 such extension is used solely for bathrooms or water closets. 

MAINTENANCE AND USE. 

1 Section 60. In every tenement house where the public halls and ^ufifo'ifaiis 

2 stairs are not, in the opinion of the board of health, sufficiently lighted, ™ ti^e daytime. 

3 the owner of the house shall keep a proper light burning in the hallway, 

4 near the stairs, upon each floor, as may be necessary, from sunrise to 

5 sunset. 

1 Section 61. In every tenement house occupied by more than two Lighting of 

2 families a proper light shall be kept burning by the owner in the public at'n'iKht!'"'' 

3 hallways, near the stairs, upon the entrance floor, and upon the second ^^^^' '''^^' ^ ^'^■ 

4 floor above the entrance floor of the house, every night from sunset to 

5 sunrise throughout the year, and upon all other floors of the said house 

6 from sunset until ten o'clock in the evening. 

1 Section 62. No water closet shall be permitted in the cellar of water closets 

in c&Uqfs. 

2 any tenement house, except as provided in sections twenty-seven and i9i3, 7S6, § m. 

3 tlyrty-two. 

1 Section 63. In every existing tenement house, there shall be pro- water closet 

2 vided at least one water closet for every two apartments, lois, 786, § 62. tions™""''''" 

1 Section 64. In existing tenement houses no room in the cellar shall Occupation of 

ri 1 i> 1 •IP,.. .. . nasenient and 

2 thereafter be occupied for living purposes except as provided in section cellar rooms 



o 



twentv-seven. And no room in the basement of such houses shall be so purposes 



4 occupied unless all the following conditions are complied with: Every 

5 such room shall be at least eight feet high in every part from the floor to 

6 the ceiling, and the ceiling in every part shall be at least four and one 

7 half feet above the curb level of the street or the level of the yard or 

8 court in front of such room. There shall be appurtenant to every such 

9 room the use of a water closet. E\'ery such room shall liave a window 

10 opening, as provided in section fifty, of at least twelve square feet in size 

1 1 clear of the sash frame, which shall open readily for purposes of ventila- 

12 tion. The lowest floor shall be waterproof and damp proof. Every such 

13 room shall have sufficient light and ventilation, shall be well drained and 

14 dry, and shall be fit for human habitation. 



1913, 786, 5 63. 



Floors around 



1 Section 65. Li all tenement houses the floor or other surface be- 

2 neath and around water closets and sinks shall be maintained in good "nd'sinto'"" 

3 order and repair, and if of wood shall be kept well painted with light iai3,7S6, §64. 

4 colored paint. 



1496 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



Repairs. 
1913, 786, § 65. 



Section 66. Every tenement house and all the parts thereof shall be 1 

kept in good repair, and the roof shall be kept so as not to leak, and all 2 

rain water shall so be drained and conveyed therefrom as to prevent 3 

dampness in the ■walls, ceilings, yards or areas. 4 



Water supply. 
1913. 7Sfi. I 66. 



Section 67. Every tenement house shall have water furnished in 1 

sufficient quantity at one or more places in each apartment. The owner 2 

shall provide proper and suitable tanks, pumps or other appliances to .3 

receive and distribute an adequate and sufficient supply of water at each 4 

apartment in the said house at all times of the year during all hours of 5 

the day and night. But a failure in the general supply of M-ater furnished 6 

by the citj' authorities or from the freezing or bursting of pipes shall not 7 

be construed to be a failure on the part of such owner, provided that 8 

proper and suitable appliances to receive and distribute water have been 9 

provided in the said house. 10 



Buildings to 
be kept clean 
and free from 
refuse matter, 

1913, 786, § 67. 



Section 68. The owner of every tenement house shall cause every 
pmrt thereof to be kept clean and free from any accumulation of dirt, 
filth and garbage or other refuse matter in or on the same, or in the 
cellars, halls, passages, rooms, areas, yards, courts, and spaces ap- 
purtenant thereto. The owner shall thoroughly cleanse every part of 
a tenement house whenever ordered so to do by the board of health. 



Walls of courta 
to be whitened, 

1913, 786, § 68. 



Section 69. The walls of all courts, except those opening on a 
street, unless built of a light colored brick or stone, shall be thoroughly 
whitened by the owner, or shall be painted a light color by him, and 
shall so be maintained. Such whitening or paint shall be renewed when- 
ever necessary as may be required by the board of health. 



Walls and 
ceilings of 
rooms, etc. 
1913, 786, § 69. 



Section 70. In all tenement houses the board of health may re- 
quire the walls and ceilings of every room that does not open directly 
on the street to be whitened or painted with white paint when necessary 
to improve the lighting of such room, and may require this to be re- 
newed as often as may be necessarv. 



Wall paper. 
1913, 7S6, § ■ 



•0. Section 71. No wall paper shall be placed upon the wall or ceiling 1 
of any tenement house unless the wall or ceiling has been thoroughly 2 
cleaned. 3 



imashtVetc. Section 72. The owucr of every tenement house shall provide and 1 
vid^.''^"' maintain therefor suitable covered water tight receptacles for ashes, 2 
1913. 786, § 71 rubbish, garbage, refuse and other like matter. 3 



pr"hib°t^^' Section 73. No swine shall be kept in a tenement house, or on the 1 

1913. 786, § 72. game lot therewith. No horse, cow, calf, sheep, goat or fowl shall be 2 

kept in a tenement house or on the same lot therewith within twenty- 3 

five feet of the tenement house. No tenement house, or the lot upon 4 

which it is situated, shall be used for the storage or handling of rags, 5 

nor as a place of public assemblage. 6 

u>°\t°ille''of Section 74. No tenement house, and no part thereof, or of the lot 1 

mSeri'ab''etc upou which it is situatcd, shall be used as a Dlace of storage, keeping 2 



mSeri'ab''etc upou which it is situatcd, shall be used as a place of storage, keepii ^ 
1913,786,5 73. or handling of any article dangerous or detrimental to life or health, 



Chap. 144.] tenement houses in cities. 1497 

4 nor for the storage, keeping or handling of feed, hay, straw, excelsior, 

5 cotton, paper stock, feathers, rags or other easily combustible articles. 

1 Section 75. No bakery or place of business in which fat is boiled ^t'^oiun'""' 

2 shall be maintained in any tenement house. i9i3, -so. § 74. 

1 Section 76. There shall be no transom, window or door opening other danger- 

2 into a hall from any part of a tenement house where paint, oil, spirituous igis.reeryTs. 

3 liquors or drugs are stored for the purpose of sale or otherwise. 

1 Section 77. In any tenement house in which the owner thereof does .Tanitor or 

2 not reside, there shall be a janitor, housekeeper or other responsible i9i3?7S6!'T76. 

3 person who shall have charge of the same if the board of health shall 

4 so require. 

1 Section 78. If a room in a tenement house is overcrowded, the OvererowdinE. 

2 board of health may order the number of persons sleeping or living in 

3 said room to be so reduced that there shall not be less than four hundred 

4 cubic feet of air to each adult, and three hundred cubic feet of air to 

5 each child under twelve occupying the room. 

1 Section 79. No tenement house or part thereof, shall be used for Letting of 

2 the letting of lodgings unless the person letting the same shall first file regulated. 

3 a notice in writing of the proposed letting in the office of the board of ^^^^' '^'''^ '*■ 

4 health, nor shall any person not a member of the family be taken to 

5 live within an apartment occupied by any family without such written 

6 notice. The owner shall see that this section is at all times complied 

7 with, and a failiue so to comply on the part of any tenant, after due 

8 and proper notice from the owner, shall be deemed sufficient cause for 

9 the summary eviction of such tenant and the cancellation of his lease. 

1 Section SO. Whenever any tenement house or building, structure. Board of 

2 excavation, business pursuit, matter or thing, in or about a tenement order repairs. 

3 house, or the lot on which it is situated, or the plumbing, sewerage, i|'"i3 ygg § 79. 

4 drainage, light or ventilation thereof, is, in the opinion of the board 

5 of health, in a condition or in eflPect dangerous or detrimental to life or 

6 health, the board may declare that the same, to the extent which it may 

7 specify, is a public nuisance, and may order the same to be removed, 

8 abated, suspended, altered or otherwise improved or purified, as the 

9 order shall specify. The board may also order or cause any tenement 

10 house or part thereof, or any excavation, building, structure, sewer, 

11 plumbing, pipe, passage, premises, ground, matter or thing, in or about 

12 a tenement house, or the lot on which it is situated, to be purified, 

13 cleansed, disinfected, removed, altered, repaired or improved. If any 

14 order of the board is not complied with, within ten days after the serA'ice 

15 thereof, or within such longer or shorter time as the board may designate, 

16 then such order may be executed by said board through its officers, 

17 agents, employees or contractors. 

1 Section 81. Whenever it shall be certified by an inspector or officer infected and 

2 or agent of the board of health that a tenement house, or any part thereof, houses to be 

3 is infected with contagious disease, or that it is unfit for human habita- igis'fse, § so. 

4 tion, or dangerous to life or health by reason of want of repair, or of 

5 defects in the drainage, plumbing, ventilation or the construction of the 



1498 TENEMENT HOUSES IN CITIES. [ChAP. 144. 

same, or by reason of the existence on the premises of a nuisance hkely 6 

to cause sickness among the occupants of said house, the board may 7 

issue an order requiring all persons therein to vacate such house, or part 8 

thereof, within not less than twenty-four hours nor more than ten days, 9 

for the reasons to be mentioned in said order. In case such order is not 10 

complied with within the time specified, the board may cause said tene- 11 

ment house or part thereof to be vacated. The board, whenever it is 12 

satisfied that the danger from said house or part thereof has ceased to 13 

exist, or that it is fit for human habitation, may revoke said order, or 14 

may extend the time within which to comply with the same. 15 

fire'^esca°pes. SECTION 82. The owucr of cvcry tenement house shall keep all fire 1 

1913, 786, § 81. escapes thereon in good order and repair, and whenever tiiey become 2 

rusty shall have them properly painted with two coats of paint. No 3 

person sliall at any time place any encumbrance of any kind before or 4 

upon any such fire escape. 5 

he^!'"eio'^"{o" Section 83. All scuttles and bulkheads, and all stairs or ladders 1 

accessible at all '^^"^1"? thereto, shall be easily accessible to all tenants of the building, 2 

Jif'S^.'iJJ- 5 o, and kept free from encumbrance, and ready for use at all times. No 3 

"' scuttle or bulkhead door shall at any time be locked with a key, but 4 

either may be fastened on the inside by movable bolts or hooks. 5 

REQUIREMENTS AND REMEDIES. 

bSngs'"^ Section 84. In a city which accepts this chapter, or has accepted 1 

1913°'ts6'^§ 83 Corresponding provisions of earlier laws, and in which the office of build- 2 

ing inspector or a similar office does not exist, the mayor shall annually 3 

appoint an inspector of buildings. 4 

co™ractk)n Section 85. Before the construction or alteration of a tenement 1 

of tenemen" housc, or the alteration or conversion of a building for use as a tenement 2 
igiT'yso s 84 house, is begun, and before the construction or alteration of any building 3 
or structure on the same lot with a tenement house, the owner shall sub- 4 
mit to the building inspector a detailed statement in wTiting, verified by 5 
the affidavit of the person making the same, of the specifications for such 6 
tenement house or building, upon blanks or forms to be furnished by 7 
such inspector, and also full and complete copies of the plans of the work, 8 
together with a plan of the lot on which the same is or is to be situated, 9 
showing the location, character and size of all buildings thereon, and the 10 
exact dimensions of said lot together with its description by metes and 11 
bounds. The said statement shall give in full the name and residence, 12 
by street and number, of the owner of the tenement house or other build- 13 
ing. If such construction, alteration or conversion is proposed to be 14 
made by any other person than the owner of the land in fee, the statement 15 
shall contain the full name and residence, by street and number, not 16 
only of the owner of the land, but of every person interested in the tene- 17 
ment house, either as owner, lessee or in any representati\^e capacity. IS 
The affidavit shall allege that said specifications and plans are true and 19 
contain a correct description of such tenement house or other building, 20 
structure, lot and proposed work. The statements and affiflavit herein 21 
provided for may be made by the owner, or by the person who proposes 22 
to make the construction, alteration or conversion, or by his agent. 23 
No person shall be recognized as the agent of the owner, unless he shall 24 
file with the building inspector a written instrument, signed by the 25 



Chap. 144.] tenement houses in cities. 1499 

26 owner, designating him as such agent. Any false swearing in a material 

27 point in any such affidavit shall be deemed perjury. The said specifica- 

28 tions, plans and statements shall be filed in the office of the building in- 

29 spector and shall be public records, and no such specifications, plans or 

30 statements shall be removed from the said office. The building inspector 

31 shall cause all such plans and specifications to be examined. 

32 If such plans and specifications conform to the provisions of law they 

33 shall be approved in wTiting by the building inspector, and he may from 

34 time to time approve changes in any plans and specifications, provided 

35 that the plans and specifications so altered are in conformity with law, 

36 but the buUding inspector shall not approve any plans or specifications 

37 or any changes in the same until the board of health has certified that 

38 the said plans and specifications conform to the law relative to light, 

39 ventilation and sanitation. The construction, alteration or conversion 

40 of such tenement house, building or structure or any part thereof, shall 

41 not be begun luitil the filing of the said specifications, plans and state- 

42 ments, and the approval thereof, as above provided. The construction, 

43 alteration or conversion of any such house, building or structure, shall 

44 be in accordance with the said approved specifications and plans. Any 

45 permit or approval which may be issued by the building inspector but 

46 under which no w'ork^has been done above the foundation walls within 

47 one year after the issuance of the permit or approval, shall expire by 

48 limitation. Said inspector may revoke or cancel any permit or approval 

49 in case of any failure or neglect to comply with any provision of this 

50 chapter, or in case any false statement or representation was made in 

51 any specifications, plans or statements submitted or filed for such permit 

52 or approval. 

1 Section 86. No building thereafter constructed as or altered into a Buiidingnot 

2 tenement house shall be occupied in whole or in part for human habitation unuf aTte""'^'' 

3 until the building conforms in all respects to the requirements of law. i9i'3°7|6,\'''s5. 

4 Upon notice of the completion of the construction, alteration or conver- 

5 sion of a tenement house, the building inspector and the board of health 

6 shall inspect the building forthwith and it shall not be occupied as a place 

7 of habitation unless it conforms to the requirements of this chapter. 

1 Section 87. Any court having jiu-isdiction in equity, or any justice Enforcement 

2 thereof may upon the application of the city solicitor, building inspector igr^Tso^l^e. 

3 or the board of health of any city, restrain the construction, alteration, 

4 repair, maintenance, use, or occupation of a building or other structure 

5 in violation of this chapter and order its removal or abatement as a 

6 nuisance, and compel compliance with any provision of this chapter. 

1 Section 88. A building or other structure which is erected, altered, building 

r»'*i 1 • • 1 • e» 1 • erected, etc., 

2 manitamed or used m violation of this chapter shall be deemed a com- '" violation 

3 mon nuisance without other proof thereof than proof of such unlawful be deemed a 

4 construction, maintenance or use, and the board of health may, if such nubance.etc. 

5 violation is of any section of this chapter relative to light, ventilation or ^^^*' ^*''" * ^^' 

6 sanitation, and the building inspector may, if said violation is of any 

7 other provision of this chapter, order the owner of said premises at his 

8 own expense to abate or remove said nuisance within twenty-four hours, 

9 or within such further time as said board of health or said building in- 

10 spector, as the case may be, considers reasonable, after notice to be served 

1 1 in the manner provided in section ninety-five, and if the owner or occu- 



1500 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



pant fails to comply M-ith such order, the board may abate or remove the 12 
miisance, and all expenses incurred thereby shall be paid by the person 1.3 
who caused or permitted the same. 14 



Penalties. 
1913, 7S6, I 88. 



Section 89. AMioever violates any pro\asion of this chapter shall 1 

be punished by a fine of not less than ten dollars. Any person who 2 

violates any provision of this chapter, after he has been served with .3 

a notice or order as pro^•ided by section ninety-fi-\'e, or who fails to comply 4 

M'ith such notice or order within ten days after such service, or continues 5 

to violate any provision or requirement of this chapter in the respect 6 

named in such notice or order, shall in addition be punished by a fine of 7 

not less than five nor more than twenty dollars for each day after the 8 

first dav during which the violation continues. 9 



Action of 
board of 
health, etc., 
may be re- 
viewed 
by superior 
court. 
1913, 786, § 89. 



Section 90. Any person, the value of whose property may be affected 1 

by any action of the board of health or of the building inspector, may 2 

have the action of said board or inspector reviewed by the superior court 3 

by any appropriate process; provided, that proceedings are instituted 4 

within twenty days after such action. ' 5 



Right of Section 91. Any person having any duty to perform under this 1 

1913. 786, § 90. chapter in regard to any building or premises may, if it be necessary for 2 

the performance of such duty, enter the same. 3 



Liens. 

1913, 786, § 91. 



Section 92. Every fine imposed by judgment under section eighty- 1 

nine of this chapter or section fifty-four of chapter one hundred and 2 

forty-five upon a tenement house owner shall be a lien upon the house 3 

in relation to which the fine is imposed from the time of the filing of a 4 

certified copy of the judgment in the office of the register of deeds for 5 

the county or district where the tenement house is situated, subject only 6 

to taxes, assessments and water rates and other existing lawful encum- 7 

brances, and the board of health and the building inspector, upon the 8 

entry of said judgment, shall forthwith file the copy as aforesaid, and 9 

the copy, upon such filing, shall forthwith be properly indexed by the 10 

register of deeds. 1 1 



Notice of Section 93. In anv action or proceeding instituted bv the officer 1 

pendency of i' • i i T f> i • i ' i i • r» 

action to be or department charged with the enforcement ot this chapter, the plain- 2 

1913, 786, § 92. tiff Or petitioner may file in the office of the register of deeds for the 3 

county or district where the property affected by such action or proceed- 4 

ing is situated, a notice of the pendency of the action or proceeding. The 5 

register of deeds with whom the notice is filed shall record it, and shall 6 

index it under the name of each person against whom said proceeding is 7 

instituted. Any such notice may be vacated by the order of a justice 8 

of the court in which the action or proceeding was instituted or is pend- 9 

ing. The register of deeds of the county or district where the notice is 10 

filed is hereby directed to mark the notice and any record or docket 11 

thereof as cancelled of record, upon the presentation and filing of a cer- 12 

tified copy of such order. 13 

etc!" to be*""' SECTION 94. Every owner of a tenement house and every lessee of 1 

registered, ^^le wholc housc, Or otlicr per^ou having control of a tenement house, 2 

1913, 786, 1 93. g}iall file with the board of health a notice containing his name and 3 

address, and also a description of the property, by street and number or -4 



CiL\p. 145.] 



TENEMENT HOUSES IN TOTVNS. 



1501 



5 othenvise, as the case may be, in such manner as will enable the said 

6 board easily to find the same; and also the number of rooms in each 

7 apartment, and the number of families occupying the apartments. 

8 When the owner or agent is not a resident of the city the notice shall 

9 contain the name and address of some agent residing within the city 

10 for the purpose of receiving ser\'ice of process, and notice to and ser\'ice 

11 of process upon such agent shall bind the principal. Blanks for the 

12 said registration shall be provided by the board of health. 

1 Section 95. Unless otherwise provided in this chapter, every notice service of 

2 or order in relation to a tenement house shall be served ten days before Jgls^^rse, § 94. 

3 the time for doing the thing in relation to which it is issued. The service 

4 of a notice or order as aforesaid shall be made by the delivery of an at- 

5 tested copy in hand to the owner or his agent, or by leaving an attested 

6 copy at the last or usual place of abode of the owner or agent, or, if the 

7 owner is a non-resident and has no agent duly appointed, it shall be 

8 placed in a conspicuous place in said tenement house and a copy thereof 

9 mailed by a registered letter, on the same day on which it is posted, to 
10 the owner or his agent at his residence. 



summons 

■86, § 95. 



1 Section 96. In any action brought by any city official in relation service of 

2 to a tenement house for injunction, vacating of the premises or other 1913™?] 

3 abatement of nuisance, or to establish a lien thereon, service of process 

4 shall be in the manner provided in the preceding section, except that 

5 the service of process shall be made only by a sheriff or one of his depu- 

6 ties or by a constable. 



1 Section 97. The names and addresses filed in accordance with certain names 

2 section ninety-four shall be indexed by the board of health in such a ?o be indexed^, 

3 manner that all those filed in relation to each tenement house shall be jg^s, 750, § ge. 

4 together, and readily ascertainable. The board of health shall provide 

5 the necessary books and clerical assistance for that purpose, and the 

6 expense thereof shall be paid by the city. Said indexes shall be public 

7 records, open to public inspection during business hours. 

1 Section 98. Upon acceptance of this chapter by any city all ordi- J^g^fs^^ygg 5 97 

2 nances of such city inconsistent herewith shall be annulled. 



CHAPTER 145. 

TENEMENT HOUSES IN TOWNS. 



Sect. 

general provisions. 

1. Application. 

2. Definitions. 

3. Application of certain sections. 

4. Certain provisions as to tenement 

houses in cities applicable. 

5. Laws not to be modified. 

6. Sewer connection and water supply. 

7. Powers of the department of public 

health. 



Sect. 

8. Improvements required to be made 

within one year. 

9. Buildings converted or altered. 

NEW BUILDINGS. LIGHT AND VENTIL.1.TIO.V. 

10. Percentage of lot occupied. 
H. Distance from side lot line. 

12. Height. 

13. Yards. 

14. Courts. 



1502 



TENEMENT HOUSES IN TO'WTSrS. 



[CiL\P. 145. 



Sect. 

15. Air intakes. 

16. Angles in courts. 

17. Buildings on same lot with tenement 

houses. 

18. Frontage on street. 

19. Lighting and ventilation. 

20. Windows. 

21. Size of rooms. 

22. Alcoves. 

23. Chimneys, etc. 

24. Privacy. 

25. Public halls. 

26. Size of windows for public hall. 

27. Size of windows for stair hall. 



SANITATION. 

28. Basements or cellars not to be used for 

li\'ing purposes. 

29. Courts, yards and areas to be drained, 

etc. 

30. Water closets. 

31. Plumbing. 

32. Sewer connection. 

33. Cesspools. 

FIRE PROTECTION. 

34. Certain tenement houses to be fire- 

proof. 

35. Stairs. 

36. Fire walls. 

IMPKOVEMENTS IN OLD BUILDINGS. 

37. Lighting and ventilating of rooms. 

38. Privy vaults, etc. 

39. Basements and cellars. 

40. Fire escapes. 



Sect. 

alterations of old buildings. 
41. Alterations. 



MAINTENANCE AND USE. 

42. Lighting at night. 

43. Water closets not permitted in cellars. 

44. Basement and cellar rooms not to be 

occupied for living purposes. 

45. Cellar walls, etc., to be whitened or 

painted. 

46. Walls of courts to be whitened. 

47. Wall paper. 

48. Janitor. 



EEQCIREMENTS AND REMEDIES. 

49. Inspection of buildings. 

50. Permit for building to be required, etc. 

51. Building inspector to grant permit 

before building can be occupied, etc. 

52. Procedure and penalties. 

53. Building constructed, etc., in viola- 

tion of this chapter to be deemed a 
common nuisance, etc. 

54. Penalty for violation, etc. 

55. Jurisdiction of the superior court. 

56. Right of entry into buildings or prem- 

ises. 

57. Liens. 

58. Notice of pendency of action to be 

filed, etc. 

59. Owner's name to be registered. 

60. Serving of notices, etc. 

61. Service of summons. 

62. Certain names and addresses to be in- 

dexed. 

63. Repeal, etc. 



GENERAL PROVISIONS. 

1912.' 6^35? §'94. SECTION 1. This chapter shall apply to all towns which accept it or 1 

ha\'e accepted corresponding provisions of earlier laws by vote of the 2 

town at a town meeting. 3 



Definitions. 
1912, 635, § 2. 



Section 2. The following Mords used in this chapter shall have the 1 
following meanings: 2 

"Acceptance of this chapter" shall include the acceptance of corre- 3 
sponding provisions of earlier laws. 4 

"Basement", a story partly but not more than one half below the 5 
level of the adjacent ground. 6 

"Cellar", a story more tlian one half below the level of the adjacent 7 
ground. 8 

"Corner lot", a lot situated at the junction of two streets, each not 9 
less than twenty feet in width. Any part of the width of such lot dis- 10 
tant more than seventy feet from such junction shall not be regarded as 11 
part of a corner lot, but shall be subject to the provisions of this chapter 12 
respecting interior lots. 13 

"Court", an open unoccupied space, other than a yard, on the same 14 



Chap. 145.] tenement houses in towtss. 1503 

1.5 lot with the tenement house. A court not extending to the street or 

16 yard is an "inner court". A court extending to the street or yard is an 

17 "outer court". 

18 "Existing", existing at the time of the acceptance of this chapter 

19 or corresponding provisions of earher laws. 

20 "Fireproof tenement house", one constructed of fireproof material 

21 throughout, with floors built of iron, steel or re-enforced concrete beams, 

22 filled in between with terra cotta or other masonry arches or with con- 
2.3 Crete or re-enforced concrete slabs; wood may be used only for under 
2-4 and upper floors, windows and door frames, sashes, doors, interior finish, 

25 hand rails for stairs, necessary sleepers bedded in the cement, and for 

26 isolated furrings bedded in mortar. There shall be no air space between 

27 the top of any floor arches and the floor boarding. 

28 "Front" of a lot, that boundary line which borders on the street. 

29 In the case of a corner lot, the owner may elect by statement on his plans 

30 either street boundary line as the front. 

31 "Half story", any story included in the roof of which the floor area 

32 of the rooms is not more than seventy-five per cent of the area of the 

33 ground floor. 

34 "Height" of a tenement house, the perpendicular distance measured 

35 in a straight line from the curb level, or from the finished grade line of 

36 the lot, where such grade is higher than the curb, to the highest point 

37 of the roof beams in the case of flat roofs, and to the a^'erage of the height 

38 of the gable in the case of pitched roofs, tiie measurements in all cases to 

39 be taken through the centre of the fa(;'ade of the house. Where a building 

40 is on a corner lot and there is more than one grade or level, the measure- 

41 ments shall be taken through the centre of the facade on the street having 

42 the lowest elevation. 

43 "Interior lot", any lot other than a corner lot. 

44 "Lodging house" or " boarding house", any house or building, or part 

45 thereof, in which six or more persons are harbored, received or lodged for 

46 hire, or any building, or part thereof, which is used as a sleeping place 

47 or lodging for six or more persons not members of the family residing 

48 therein. 

49 "Nuisance" includes all public nuisances as known at common law 

50 or in ecjuity jurisprudence; and furthermore whatever is dangerous to 

51 human life or detrimental to health, whatever building or erection, or 

52 part or cellar thereof, is overcrowded with occupants or is not provided 

53 with adecjuate ingress and egress to and from the same, or the apart- 

54 ments thereof, or is not sufficiently supported, ventilated, sewered, 

55 drained, cleaned or lighted, in reference to their or its intended or actual 

56 use, and whatever renders the air or human food or drink unwholesome, 

57 are also severally in contemplation of this chapter, nuisances; and all 

58 such nuisances are hereby declared unla^\•ful. 

59 "Occupied spaces". Outside stairways, fire escapes, porches, plat- 

60 forms and other projections shall be considered as part of the building 

61 and not as part of the yard or courts or unoccupied area. 

62 " Public hall ", a hall, corridor or passageway not within an apartment. 

63 " Rear " of a lot, the side opposite to the front. In the case of a triangu- 

64 lar or gore lot the rear shall be the side not bordering on the street. 

65 "Stair hall", the stairs, stair landings and those parts of the public 

66 halls tlirough which it is necessary to pass in going from the entrance 
()7 floor to the roof. 



1504 TENEMENT HOUSES IN TOWNS. [ChaP. 145. 

"Street", any right of way dedicated to public use, any public alley, 6S 

railroad right of way, cemetery or public park, twenty feet or more in (39 

width. * 70 

"Tenement house", any house or building, or part thereof, which is 71 

rented, leased, let or hired out to be occupied, or is occupied or is in- 72 

tended, arranged or designed to be occupied as the home or residence of 73 

more than two families (a family may consist of one or more persons) 74 

living independently of each other and having a common right in the 75 

halls, stairways, j'ard, cellar, sinks, water closets or privies, or any of 76 

them, and includes lodging and boarding houses, apartment houses, and 77 

flat houses. Dwelling houses built in continuous rows of more than 78 

two houses occupied or intended, arranged or designed to be occupied 79 

as the home or residence of one family or more having a common right 80 

in or using in common the halls, stairways, yards, cellars, sinks, water 81 

closets or privies, or any of them, shall be deemed to be tenement houses 82 

and shall be subject to all the provisions of this chapter. 83 

"Thereafter", after the acceptance of this chapter or corresponding 84 

provisions of earlier laws. 85 

"Wooden building", a building of which the exterior walls or a part 86 

thereof are wood. 87 

"Yard", an open unoccupied space in the same lot with a tenement SS 

house between the extreme rear line of the house and the extreme rear 89 

line of the lot. An open unoccupied space between the front line of the 90 

house and the front line of the lot is a " front yard ". A " side yard " shall 91 

be deemed an outer court on the lot line. 92 

Words used in the present tense include the future; words in the 93 

masculine gender include the feminine and neuter; the word "shall" 94 

is always mandatory, and denotes that the house shall be maintained in 95 

all respects according to the mandate as long as it continues to be a 96 

tenement house; wherever the words "by-laws", "regulations", "build- 97 

ing inspector" or "board of health" occur in this chapter they shall be 98 

construed as if followed by the words "of the town in which the tene- 99 

ment house is situated"; wherever the words "is occupied" are used 100 

in tills chapter applying to any building they shall be construed as if 101 

followed by the words "or is intended, arranged or designed to be 102 

occupied". 103 

M?t'ain''s*ect'ion's SECTION 3. Uuless Otherwise specifically provided therein, sections 1 

st'^if^is 17- ^^^ ^^ thirty-six, inclusive, shall apply only to tenement houses erected 2 

28, 31, '33,' 31. after the acceptance of this chapter, and sections thirtv-seven to fortv- 3 

37 39 40 45 . ' ' 

49; 52! 51! ' one, inclusive, only to tenement houses erected prior to such acceptance. 4 



Certain provi- SECTION 4. The provisions of sections nine, fourteen, twenty-eight, 1 

menthouses twcnty-ninc, thirty-one, thirty-four, thirty-five, forty-five, forty-eight, 2 

L°ppikabie. forty-nine, fifty-one to fifty-three, inclusive, fifty-six, fifty-eight, sixty- 3 

i4,^"29^^3bfV2; three, sixty-five to sixty-eight, inclusive, except the provision in section 4 

«; 4«'-is,' 5?; sixty-seven as to the freezing or bursting of pipes, seventy, seventy-two 5 

efi' ei-r^'^'Ti- ^^ seventy-six, inclusive, seventy-eight and eighty to eighty-tliree, in- 6 

78! ' elusive, of chapter one hundred and forty-four shall apply to tenement 7 

houses in towns, but unless otherwise specifically provided therein the 8 

provisions of the first ten of said sections shall apply only to tenement 9 

houses erected after acceptance of this chapter and the provisions of said 10 

sections fifty-one, fifty-two, fifty-three, fifty-eight and sixty-three only U 

to tenement houses erected prior to such acceptance. 12 



Chap. 145.] tenement houses in towtvs. 1505 

1 Section 5. The provisions of this chapter shall be held to be the i""? not to be 

2 minimum requirements adopted ior the protection oi the liealtn and 1912, ess, §s. 

3 safety of the community. Nothing in this chapter shall be construed as 

4 prohibiting any town from enacting from time to time by-laws imposing 

5 further restrictions, but no regulation or ruling of any town authority 

6 shall repeal, amend or dispense with any provision of this chapter. 

1 Section 6. The provisions of this chapter with reference to sewer Sewerconnec- 

2 connection and water supply shall be deemed to apply only where con- supply. 

3 nection with a public sewer and with public water mains is or becomes }9}4; 790; § i' 

4 practicable. The questions of the practicability of such sewer and water i9i9.35o,§96. 

5 connections shall be decided by the local board of health, or by the 

6 department of public health upon request of the local board. 

1 Section 7. The department of public health may examine into the Powers of the 

2 enforcement of the laws relating to tenement houses in any town. When- puMicSth. 

3 ever required by the governor, it shall make such an examination and lUuiral!!!: 

4 shall report the result thereof to the governor within the time prescribed ^^^^- '^^°' ^ '"''■ 

5 by him therefor. 

1 Section 8. In tenement houses erected prior to the acceptance of J"p™J|To b*e' 

2 this chapter by a town all improvements specifically required thereby "^''/y^^;.""'' 

3 shall be made within one year thereafter, or at such earlier time as may 1912. t>35. § 8. 

4 be fixed by the board of health. 

1 Section 9. A building not a tenement house, if converted or altered verted"or ™''" 

2 to such use after the acceptance of this chapter, shall thereupon become jgfal'eas, § 3. 

3 subject to all the provisions thereof affecting tenement houses erected 

4 thereafter. 

NEW buildings. LIGHT AND VENTILATION. 

1 Section 10. No tenement house shall occupy either alone or with Percentage of 

2 other buildings more than sixty-five per cent of a corner lot, nor more 1912,635, §9. 

3 than fifty per cent of any other lot; the measurements shall be taken 

4 at the ground level. No measurements of lot area shall include any part 

5 of any street or alley. 

1 Section 11. No non-fireproof tenement house shall be erected, °<\e'fot''fmc°'" 

2 enlarged, or placed with the side walls nearer than ten feet to the line of i^i^, 035. § 10. 

3 any adjoining lot, or with any wall nearer than twenty feet to the wall 

4 of any other building. No lot upon which stands a tenement house 

5 erected before or after the acceptance of this chapter shall be changed 

6 in size to bring the side walls of said house nearer than ten feet to the 

7 lines of any adjoining lot or any wall of said house nearer than twenty 

8 feet to the wall of any other building. 

1 Section 12. No tenement house shall exceed in height the width of fg^Sl'ess, §11. 

2 the widest street upon which it stands, unless such house be set back 

3 from the street a distance at least equal to the excess of such height over 

4 the width of such street, nor shall it in any case exceed four stories in * 

5 height. 



'S' 



1 Section 13. Behind every tenement house there shall be a yard 79Y2,°r,35, § 12. 

2 extending across the entire width of the lot and at every point open from 



1506 TENEMENT HOUSES IN TOWNS. [ClL\P. 145. 

the ground to the sky unobstructed. Every part of the yard shall be 3 

directly accessible from every other part thereof. The depth of the yard 4 

shall be measured from the extreme rear of the house to the rear line of 5 

the lot. If the tenement house is tlu-ee stories or less in height the depth 6 

of the yard, in the case of interior lots, shall be at least twenty-five feet, 7 

and the depth of the yard in the rear of corner lots shall be at least fifteen 8 

feet. If the tenement house exceeds three stories in height, the depths 9 

above prescribed in each case shall be increased five feet for each story 10 

above three. 11 

i9i2,'635, § 13. Section 14. The sizes of all courts shall be proportionate to the 1 

height of the building. No court shall be less in any part than the 2 

minimum sizes prescribed in this section. The minimum width of a .3 

court for a two story building shall be ten feet, and the width shall 4 

increase two feet for each additional story. The length of an inner court 5 

shall never be less than twice the minimum width prescribed by this 6 

section. The length of an outer court shall never be greater than twice 7 

its minimum width, but this limitation of length shall not apply to an 8 

outer court on the lot line extending from yard or street to yard. 9 

i9i2?635?§ 15. Section 15. Every inner court shall be provided with two or more 1 

horizontal air intakes at the bottom. One such intake shall always com- 2 

municate directly with the street, and one with the yard, and each shall 3 

consist of a fireproof passageway not less than three feet wide and seven 4 

feet high which shall be left open, or be provided with an openwork gate 5 

at each end, and the gate shall not be covered in any way either by glass 6 

or any other material. 7 

raufS'° Section 16. Nothing in the foregoing sections concerning courts 1 

1912,635,116. gj^gjj jjg construed as preventing windows at the angles of said courts; 2 

provided, that the running length of the wall containing such windows 3 

does not exceed six feet. 4 

8ameiStwi°h Section17. If any buildiiig is thereafter placcd on the samc lot with 1 

^ou'ses''"' a tenement house, whenever erected, or a tenement house erected upon 2 

any lot upon which there is already another building, it shall comply 3 

with the provisions of this chapter and section eighteen of chapter one 4 

hundred and forty-four, except that no rear building shall diminish the 5 

minimum size of courts or yards as hereinbefore prescribed. 6 

str™'"^* "° Section 18. Every tenement house shall have an unobstructed front- 1 

1912, 63a, § IS. ^^^ upou & strcct not less than twenty feet wide. No tenement house 2 

and no other building shall thereafter be erected, enlarged or placed on 3 

the same lot with a tenement house in such manner that any tenement 4 

house shall be left without an unobstructed frontage upon a street not 5 

less than twenty feet wide. 6 

vent'iaUon"'' SECTION 19. Evcry Toom, including water closet compartments and 1 

1912, 635, § 19. bathrooms, shall have at least one window opening directly upon the 2 

street or upon a yard or court of the dimensions specified in sections 3 

thirteen and fourteen, and the window shall be so located as properly 4 

to light all parts of the room. 5 



1912, 635, § 17. 



Chap. 145.] tenement houses in towns. 1507 

1 Section 20. The total window area in each room, including water ^'°''°^? 

2 closet compartments and batlirooms, shall be at least one seventh of the 

3 superficial area of the room, and the top of at least one window shall 

4 be not more than eight inches below the ceiling, and the upper half of 

5 it shall be made so as to open the full width. At least one such window 

6 in rooms other than bathrooms or water closets shall be not less than 

7 twelve square feet in area between the stop beads; and in water closet 

8 compartments and bathrooms at least one such window, shall be not less 

9 than six square feet in area between the stop beads. 

1 Section 21. There shall be in each apartment at least one room sizcof rooms 

2 containing not less than one hundred and fifty square feet of floor area. 

3 All rooms shall be in every part not less than nine feet from the finished 

4 floor to the finished ceiling, except that an attic room need be nine feet 

5 high in but one half of its area. 

1 Section 22. An alcove in any room shall be lighted and ventilated ^912^035, § 22 

2 separately, as provided for rooms in the foregoing sections, and shall 

3 not be less than one hundred square feet in area. No part of any room 

4 shall be enclosed or subdivided at any time, wholly or in part, by a cur- 

5 tain, portiere, fixed or movable partition or other contrivance or device, 

6 unless the part of the room so enclosed or subdivided shall contain a sepa- 

7 rate window as herein required and shall have a floor area of not less than 

8 one hundred square feet. 



23. 



1 Section 23. There shall be adequate chimneys running through chimneys, etc 

2 every floor with an open fireplace or grate or place for a stove, for every 

3 apartment, properly connected with one of the chimneys. 

1 Section 24. In each apartment access to every living room and bed- ^9i2%^35, § 24. 

2 room, and to at least one water closet compartment shall be had without 

3 passing through a bedroom or bathroom. 

1 Section 25. Every public hall shall have at each story at least fgi^^j'^s"!' 25. 

2 one window opening directly upon the street or upon a yard or court of 

3 the dimensions specified in sections thirteen and fourteen. Such window 

4 shall be at the end of said hall with the plane of the window at right 

5 angles to the hall's axis. Any part of a public hall which is in any way 

6 shut ofl' from any other part of the hall shall be deemed a separate hall 

7 within the meaning of this section. 

1 Section 26. One at least of the windows provided to light each size of win- 

2 public hall or part thereof shall be at least two feet six inches wide and haii. 

3 five feet high, measured between stop beads, and the top of the window 

4 shall be not more than eight inches below the ceiling. There shall be 

5 in the roof, directly over each stair well, a ridge ventilator having a 

6 minimum opening of forty square inches and with movable louvres. 

1 Section 27. There shall be provided for each story at least one size of win- 

2 window to light and ventilate each stair hall which shall be at least haii. 

3 two feet six inches wide and five feet higii measured between the stop '^'" ''•*-■ 

4 beads. A sash door shall be deemed the equivalent of the window 



1508 



TENEMENT HOUSES IN TOWNS. 



[Chap. 14.5. 



specified in this section and the two foregoing sections, provided that o 

each door contains tlie amount of glazed surface prescribed for such 6 

windows. 7 

SANITATION. 

feifarsno'A"be SECTION 28. No room in the basement or cellar shall be constructed, 1 

purposes''""^ altered, converted or occupied for living purposes. 1912, ess. § 2s. 2 

and areaYto^e Section 29. All courts, arcas and yards shall be properly graded 1 

i9r"'^635^'§'3i ^'1*^ drained; and when necessary in order to keep such premises in a 2 

sanitary condition such courts, areas or yards, or such part thereof as 3 

the board of health shall order, shall be properly concreted. 4 



Water closets. 
1912. 635. § 33. 



Section 30. In every tenement house there shall be within each 
apartment a separate water closet, located in a bathroom or in a sepa- 
rate compartment. Each such water closet shall be completely sepa- 
rated from every other water closet. Said compartment shall be not 
less than three feet wide, and shall be enclosed with plastered partitions 
which shall extend to the ceiling. Every such compartment shall have 
a window opening directly upon the street or upon a yard or court of 
the minimum size prescribed by this chapter. Every water closet com- 8 
partment thereafter placed in any tenement house whenever erected 9 
shall be provided with proper means of lighting the same at night, and 10 
floors beneath the water closet shall be waterproofed as provided in sec- 11 
tion tliirty-two of chapter one hundred and forty-four. No drip trays 12 
shall be permitted. No water closet fixtures shall be enclosed with any 13 
woodwork. No water closet shall be placed in the cellar. 14 



Plumbing. 
1912. 635. § 34. 



Section 31. No plumbing fixtures shall be enclosed with woodwork. 1 

All plumbing pipes shall be exposed except as otherwise permitted by 2 

the board of health. Wherever plumbing or other pipes pass through 3 

floors or partitions the openings around such pipes shall be sealed or 4 

made air tight with plaster or other incombustible materials, so as to 5 

prevent the passage of air or the spread of fire from one floor to another 6 

or from room to room. All plumbing work shall be sanitary in every 7 

particular and, except as otherwise specified in this chapter, shall be 8 

in accordance with the local plumbing regulations. Pan and long hopper 9 

closets shall not be used. 10 



Sewer con- SECTION 32. Evcry tenement house on a street in which there is a 1 

1912,6.35. §37. public sewer, or in which a public sewer shall hereafter be placed, shall 2 

be connected therewith. 3 

cesspools. Section 33. No cesspool shall be permitted in the cellar or court 1 

of any tenement house, nor within fifteen feet of any wall of said tene- 2 

ment house, or of any dwelling house. 3 



FIRE PROTECTION. 



Certain tene- 
ment houses to 



Section 34. No tenement house shall be erected exceeding two and 1 

igi'"e3r§39 ""^ '^'"^'^ stories in height, nor shall it be occupied, nor intended, ar- 2 

ranged or designed to be occupied, by more than two families, unless 3 

it be a fireproof tenement house. 4 



Chap. 145.] tenement houses in towns. 1509 

1 Section 35. There shall be at least two independent flights of stairs stairs. 

2 with separate entrances leading from the entrance floor to the top story, ' ' 

3 said flights of stairs being at two points as far apart as is po.ssible in 

4 the opinion of the building inspector. Said stairs shall be directly ac- 

5 cessible from each apartment, without passing through any other apart- 

6 ment. One of said flights of stairs may consist of outside, open stairs 

7 and balconies. All stairs and balconies and all public halls shall be at 

8 least three feet wide in the clear. All stairs shall be constructed with a 

9 rise of not more than seven and one half inches and with treads not 

10 less than ten and one half inches wide, and not less than three feet long 

11 in the clear. Winders shall not be permitted in any staircase. 

1 Section 36. The provisions of section forty-seven of chapter one Firewalls. 

2 hundred and forty-four shall apply to tenement houses in towns except ' 

3 that the fire walls therein specified need extend only to the underside of 

4 the sheathing of the roof. 

IMPROVEMENTS IN OLD BUILDINGS. 

1 Section 37. The provisions of section fifty of chapter one hundred v™tik"!ng''of 

2 and forty-four except as to area of the window provided therein shall ^^^'J^^ggg , ^- 

3 apply to tenement houses in towns. 

1 Section 38. Where a connection with a sewer is possible, all school ^^^"'^ vaults, 

2 sinks, privy vaults or other similar receptacles used to receive fecal i^^^, 635, § 49. 

3 matter, urine or sewage, shall within one year thereafter be completely 

4 removed, and the place where they were located properly disinfected 

5 under the direction of the board of health. Such appliances shall be 

6 replaced by individual water closets of durable non-absorbent material, 

7 properly sewer connected, with individual traps and properly connected 

8 flush tanks providing an ample flush of water thoroughly to cleanse the 

9 bowl. Each water closet shall be located inside the tenement house in a 

10 compartment completely separated from every other water closet, and 

1 1 such compartment shall contain a window of not less than three square 

12 feet in area opening directly upon the street or yard, or on a court of the 

13 minimum size prescribed in section fourteen. The floors of the water 

14 closet compartments shall be waterproof as provided in section thirty. 

15 There shall be provided at least one water closet for every two families 

16 in every existing tenement house. Such water closets and all plumbing 

17 in connection therewith shall be sanitary in every respect, and except as 

18 otherwise provided in this section shall be in accordance with the laws, 

19 town by-laws and regulations in relation to plumbing and drainage. Pan 

20 and long hopper closets shall not be used. 

1 Section 39. The floor of the cellar or lowest floor shall be free from Basements 

2 dampness, and, when necessary, shall be concreted with four inches of i9i2?635?'§ 50. 

3 concrete of good quality and with a finished surface. The cellar ceiling of 

4 every tenement house shall be plastered, when so required by the build- 

5 ing inspector, except where the ceiling is already well sheathed with 

6 matched boards or well covered with a metal ceiling, or where the first 

7 floor above the cellar is constructed of iron beams and fireproof filling. 

1 Section 40. All non-fireproof tenement houses, which are three or Fire escapes. 

2 more stories in height, and do not have fireproof stairs and stair '®^^' ^^^' ^" 



1510 TENEMENT HOUSES IN TOWNS. [ChaP. 145. 

halls or adequate fire escapes, as required by this chapter, shall be pro- .3 

vided either with fireproof outside stairways or with fireproof fire escapes 4 

directly accessible from each apartment without passing through a public 5 

hall. 6 

No existing fire escape shall be deemed adequate unless the following 7 

conditions are complied with: 8 

(1) In every tenement house each apartment above the ground floor 9 
shall have a fire escape balcony directly accessible from it. 10 

(2) All balconies shall be properly connected with each other by ade- 11 
quate stairs or stationary ladders with openings not less than twenty- 12 
four by thirty-six inches. 13 

(3) All fire escapes shall have proper ladders from the lowest balcony 14 
of sufficient length to reach a safe landing place beneath. 15 

(4) All fire escapes not on the street shall have a safe and ade- 16 
quate means of egress from the yard or court to the street or to adjoining 17 
premises. 18 

(5) Prompt and ready access shall be had to all fire escapes, which 19 
shall not be obstructed in any way. 20 

No existing fire escape shall be extended or have its location changed 21 
except with the WTitten approval of the inspector of buildings. 22 

All fire escapes thereafter placed on tenement houses shall be located 23 
and constructed as follows: All such fire escapes shall open directly 24 
from at least one room or private hall in each apartment at each story 25 
above the ground floor, other than a bathroom or water closet compart- 26 
ment, and such room or private hall shall be accessible to every room 27 
thereof without passing through a public hall. Access to fire escapes 28 
shall not be obstructed in any way. Fire escapes shall not be placed in 29 
any court. Fire escapes may project into a public street, but not more 30 
than four feet beyond the building line. All fire escapes shall consist of 31 
outside fireproof balconies and stairways. All balconies shall be not less 32 
than three feet in width, and shall include at least one window or outside 33 
door of each apartment at each story above the ground floor. 34 

All fire escape stairways shall be placed at an angle of not more than 35 
forty-five degrees, with flat open steps, not less than nine inches in width 36 
and twenty-four inches in length, and with a rise of not more than nine 37 
inches. The openings for stairways in all balconies shall be not less than 38 
twenty-four by thirty-six inches, and shall have no covers of any kind. 39 
When tenement houses upon which fire escapes are placed have flat 40 
roofs the balcony on the top floor, except in the case of a balcony on 41 
the street, shall be provided with stairs or with a gooseneck ladder 42 
leading from the balcony to and above the roof and properly fastened 43 
thereto. A drop ladder or stairs shall be provided from the lowest bal- 44 
cony of sufficient length to reach to a safe landing place beneath. All 45 
fire escapes shall be constructed and erected to sustain safely in all their 46 
parts any reasonable load. In addition to the foregoing requirements, 47 
all fire escapes thereafter erected upon tenement houses shall be con- 48 
structed in accordance with such supplementary regulations as may be 49 
adopted by the building department. 50 

alterjVtions of old buildings. 

i9i2?fi3°5T§ 54. Section 41. No tenement house shah at any time be altered so as 1 

1913, 614, 1 1. ^^ j^g jj.| violation of the requirements of section four, which relate to 2 

new buildings, and sections ten to thirty-six, inclusive, but the provisions 3 



Ca.\P. 145.] TENEMENT HOUSES IN TOW'NS. 1511 

4 of subdivisions one to three, inclusive, of section fifty-nine of chapter one 

5 hundred and forty-four shall apply to tenement houses in towns. Said 

6 subdivision three shall apply to wooden tenement houses of more than 

7 two apartments. 

MAINTENANCE AND USE. 

1 Section 42. The provisions of sections sixty and sixty-one of chapter Lighting at 

2 one hundred and forty-four shall apply to the lighting of public halls and itfi2. 635, 

3 stairs in tenement houses except three-apartment houses, so called, which i9i3^'44i, § i. 

4 are provided with push buttons with a three-point switch for turning 

5 on or off the electric lights in the halls of the said apartments when it is 

6 necessary to use the stairway therein. 

1 Section 43. No water closet shall be permitted in the cellar of any watcr oiraets 

^ J . 1 ... not permitted 

2 tenement house. 1012, 6.3^. § .t. in cellars. 

1 Section 44. The provisions of section sixty-four of chapter one hun- Basement and 

2 dred and forty-four shall apply to tenement houses in towns except in to"beo??upiS" 

3 so far as they refer to section twenty-seven of chapter one hundred and posea""'"^ ■""" 

4 forty-four, and provide for height of ceiling above specified exterior levels, i^^^' •'^^' ^ ^^■ 

1 Section 45. The cellar walls and ceilings of every tenement house Ceiiarwaiis, 

2 shall be thoroughly whitened or painted a light color by the owner, and whitened'or 

3 shall be so maintained. The whitening or paint shall be renewed when- i9i2''^635, § eo. 

4 ever necessary, as may be required by the board of health. 

1 Section 46. The Malls of all courts, imless built of a light colored w^iis °'.''™'''' 

2 brick or stone, shall be thoroughly whitened by the owner, or shall be 1312, ess, § es'. 

3 painted a light color by him, and shall be so maintained. The whiten- 

4 ing or paint shall be renewed whenever necessary, as may be required by 

5 the board of health. 

1 Section 47. No wall paper shall be placed upon a wall or ceiling of w^" paper- ^, 

n 1 I II 11 1 11 I f' 11 1912, 635, § 67. 

2 any tenement house unless all wall paper shall be nrst removed there- 

3 from and the wall and ceiling thoroughly cleaned. 

1 Section 48. In any tenement house in which the owner thereof jgjg "gi- 73 

2 does not reside, there shall be a janitor, housekeeper or other responsible 

3 person who shall reside in said house and have charge of the same, if the 

4 board of health shall so require. 

REQUrREMENTS AND REMEDIES. 

1 Section 49. In a town which accepts this chapter or has accepted Ju^fdln 's" "' 

2 corresponding provisions of earlier laws the selectmen shall annually 1912. 635, § 79. 

3 appoint an inspector of buildings. 

1 Section 50. The provisions of section eighty-five of chapter one Permit for 

2 hundred and forty-four shall apply to tenement houses in towns, except requlred.'etc.^ 

3 that the specifications, plans and statements required therein shall be ^■'^-' ''•'''• ^ *"• 

4 filed in the office of the town clerk. But information submitted to the 

5 building inspector under said section shall also be submitted to the board 

6 of health upon blanks or forms furnished by it; and it shall cause all 

7 plans and specifications so submitted to be examined. 



1512 TENEIIENT HOUSES IN TOWNS. [ClL\P. 145. 

kispectorto SECTION 51. No building thereafter constructed as or altered into a 1 

befcre'bmTcimg tenement house shall be occupied in whole or in part for human habita- 2 

■^a^jbeoccu- tion luitil tlie issuance of a certificate by the building inspector that the 3 

1912, 633, §81. building conforms in all respects to the requirements of law, and the 4 

building inspector shall not issue said certificate until the board of health 5 

certifies to him that the building conforms to all reciuirements of law rela- 6 

tive to the light, ventilation and sanitation of tenement houses. Upon 7 

notice of the completion of the contruction, alteration or conversion of a 8 

tenement house, the building inspector and the board of health shall in- 9 

spect the building forthwith, and the building inspector shall issue a cer- 10 

tificate of compliance within five days after written application therefor, 11 

if the building at the date of such application is found to conform to the 12 

requirements of this chapter. 1,3 

penaWe^ """^ SECTION 52. Any court having jurisdiction in equity, or any justice 1 

1912, 6.35. 5 S2. thereof may upon the application of any town by its attorney restrain the 2 

construction, alteration, repair, maintenance, use or occupation of a 3 

building or structure in violation of tliis chapter and order its removal 4 

or abatement as a nuisance, and compel compliance with any provision 5 

of this chapter. 6 

ftruSetc' Section 53. A building or structure which is erected, altered, main- 1 

in violation of taiucd OF uscd in violation of this chapter shall be deemed a common 2 

this chapter to . . , , c i c i 

be deemed a nuisaucc without othcF prooi thereof than proof of such unlawful con- 3 

.sance. etc. struction, maintenance or use and the building inspector may, and if 4 

said violation is of any section of this chapter relative to light, ventila- 5 

tion or sanitation of said building shall, if required in writing by the board 6 

of health, order the owner of said premises at his own expense to abate 7 

or remove said nuisances within twenty-four hours, or within such further 8 

time as said board considers reasonable after notice to be se^^■ed in the 9 

manner provided in section sixty, and if the owner or occupant fails to 10 

comply with such order, the board may abate or remove the nuisance 11 

and all expenses incurred thereby shall be paid by the person who caused 12 

or permitted the same. 13 

Penalty for SECTION 54. Wiocvcr violatcs any provision of this chapter shall 1 

^^olatlO^, etc. .111 n f 1 1 111 t 

1912, 635, § 84. bc puuishcd by a fine of not less than ten dollars. Any person who 2 

violates any provision of this chapter, having been served with a notice 3 

or order as provided by section sixty, or who fails to comply with such 4 

^notice or order within ten days after such service, or continues to violate 5 

any provision or recjuirement of this chapter in the respect named in 6 

said notice or order, shall in addition be punished by a fine of not 7 

less than five nor more than twenty dollars for each day after the first 8 

during ■which the violation continues. 9 

fh^perio""^ Section 55. Any person, the value of whose property may be 1 

m? 635 « 85 effected by any action of the board of health or the building inspector, 2 

may have the action of said board of health or said building inspector 3 

reviewed by the superior court by any appropriate process, provided pro- 4 

ceedings are instituted within ten days after such action. 5 

Sto'bufidingr Section 56. Any person having any duty to perform in regard to 1 

igf "(jar^j 86 ^^y building or premises under this chapter may, if necessary for the 2 

performance of such duties, enter the same. . 3 



Chap. 145.] tenement hou.ses in towns. 1513 

1 Section 57. The provisions of section ninety-two of chapter one i.iens. 

2 hundred and forty-four shall apply to fines imposed by judgment under ^ '"' °' ' 

3 section fifty-four of this chapter. 

1 Section 58. In any action or proceeding instituted by the depart- Notice of pend- 

2 ments charged with the enforcement of this chapter, the procedure pro- to'i^e fiietf, etc. 

3 vided by section ninety-three of chapter one hundred and forty-four shall ^'■"^' ^^^' ^ **' 

4 apply. 

1 Section 59. The owner of a tenement house and every lessee of the Owner's name 

2 whole house or of two or more tenements therein, or the agent of the tered. 

3 owner or other person having control of a tenement house, shall annually '^''' ''^°' ^ ^'' 

4 during the month of April file in the office of the town clerk a notice con- 

5 taining his name and address, and also a description of the property, 

6 by street number or otherwise, as the case may be, in such manner as 

7 will enable the board of health and building inspector easily to find the 

8 same; and also the number of apartments in each house, the number of 

9 rooms in each apartment, and the number of families occupying the 

10 apartments. The notice shall contain the name and address of some 

11 agent for the house, for the piu-pose of receiving service of process, and 

12 notice to and service of process upon such agent shall bind the principal. 

1 Section 60. Unless otherwise provided in this chapter, every notice serving of 

2 or order in relation to a tenement house shall be served ten days before iSi'l.^'ss.'^j 90. 

3 the time for doing the thing in relation to which it is issued. The service 

4 of notices or orders as aforesaid shall be made by the delivery of an 

5 attested copy in hand to the owner or his agent, duly registered as pro- 

6 vided in section fifty-nine, or by leaving an attested copy at the last or 

7 usual place of abode of the owner or agent, or, if the owner is a non-resi- 

8 dent and has no agent duly appointed, as provided in said section fifty- 

9 nine, it shall be posted in a conspicuous place in said tenement house and 

10 a copy thereof mailed by a registered letter on the same day on which it 

11 is posted, to the owner or his agent at the residence designated in the 

12 notice provided by said section. 

1 Section 61. In any action brought by any town official in relation service of 

2 to a tenement house for injunction, vacating of the premises or other igilj^eS!, § oi. 

3 abatement of nuisance, or to establish a lien thereon, service of process 

4 shall be in the manner provided in the preceding section, except that the 

5 service of process shall be made only by a sheriff or one of his deputies 

6 or by a constable. 

1 Section G2. The names and addresses filed in accordance with certain names 

2 section fifty-nine shall be indexed by the town clerk in such a manner tob^indexecf. 

3 that all of those filed in relation to each tenement house shall be together '^''' '^^^' ^ ®^' 

4 and readily ascertainable. The town clerk shall provide the necessary 

5 books and clerical assistance for that purpose, and the expense thereof 

6 shall be paid by the town. Said indexes shall be public records, open to 

7 public inspection during business hours. 

1 Section 63. Upon acceptance of this chapter by any town all by- Repeal, etc. 

2 laws and regulations of such town inconsistent therewith shall be annulled. ' ''' 



1514 



INSPECTION OF BOILERS, ETC. 



[Chap. 146. 



CHAPTER 146. 

INSPECTION OF BOILERS, AIR TANKS, ETC. LICENSES OF ENGI- 
NEERS, FIREiMEN, AND OPERATORS OF HOISTING MACHINERY. 



Sect. 

1. DefiBitions. 

DUTIES OF BOARD OF BOILER RULES. 

2. Rules for boilers. 

3. Hearings. 

4. Changes in rules. 



10. 
11. 
12. 
13. 

14. 

15. 

16. 
17. 

18. 
19. 

20. 
21. 
22. 
23. 

24. 

25. 

.26. 
27. 
28. 
29. 
30. 
31. 
32. 
33. 



INSPECTION OF BOILERS. 

Duties of inspectors of the division. 

Annual inspection. 

Certain boilers excepted. 

Boilers not to be operated without in- 
spection. 

Boiler not to be operated in excess of 
prescribed pressure. 

Report of uninsured boiler. 

Duties of inspector. 

Tampering with safety appliance. 

Inspection by insurance companies or 
inspectors of the division. 

Insurance companies must have 
licensed inspectors. 

Acting as inspector without a license 
prohibited. 

Same subject as to company. 

Reports of inspectors of the division. 

Reports by insurance companies. 

Insurance companies must report can- 
celled risks. 

Safety appliances. 

Preparation of boiler for inspection. 

Fees for inspection by the division. 

Certificate of inspection by the division. 

Inspected boiler to be stamped or 
tagged. 

Certificate of inspection by insurance 
company. 

First inspection. 

Contents of certificate. 

Safety plug. 

Notice of defect in boiler. 

Uninsured boiler not to be operated. 

Hydrostatic pressure test. 

Hindering inspector forbidden. 

Penalty. 



COMPRESSED AIR TANKS. 

34. Air tanks. 

35. Rules for tanks. 

36. Inspection. 

37. Notice. 

38. Reports of inspection. 

39. Tests for inspection. 



Sect. 

40. Fees. 

41. Penalty. 

AMMONIA COMPRESSORS. 

42. Ammonia compressors. 

43. Rules. 

44. Rules to have force of law. 

45. Changes in rules. 

LICENSES OF ENGINEERS AND FIREMEN. 

46. Licenses for operating boilers or en- 

gines. 

47. Violation of preceding section. 

48. Determination of power. 

49. Classes of licenses. 

50. Qualifications of licensees. 

51. Posting of license. Daily record. 

52. Licenses in force on May 17, 1915. 

LICENSES FOR OPERATING HOISTING MA- 
CHINERY NOT RUN BY STEAM. 

53. Hoisting machinery. 

54. License to be carried on the person. 

55. Penalty. 

EXAMINATIONS OP APPLICANTS FOR LI- 
CENSES, ETC. 

56. Inspectors of the division to act as ex- 

aminers. 

57. Applications for licenses. 

58. .Applicants may have a person present. 

59. Revocation of licenses. 

EXAMINATION OF INSPECTORS OF BOILERS. 

60. Application for license. 

61. Board of examiners. 

62. Certificate of competency. 

63. Appeal. 

EXAMINATION OF ENGINEERS, FIREMEN OR 
OPERATORS OF HOISTING MACHINERY. 

64. Application for license as engineer or 

fireman. Examination. 

65. Application for license to operate hoist- 

ing machinery. 

66. Appeal. 

67. License in force until revoked or sus- 

pended. 

GENERAL PROVISIONS. 

68. Trial justices. 

69. Appropriation for apparatus. 



Definitions. 



Section 1. The following words as used in this chapter, unless a con- 1 
trary meaning is specifically prescribed or the context otherwise requires, 2 
shall have the following meanings: 3 



Chap. 146.] inspection of boilers. 1515 

4 "Board", the board of boiler rules appointed under section ten of 

5 chapter twenty-two. 

6 "Chief", the chief of inspections of the department of public safety. 

7 "Commissioner", the commissioner of public safety. 

8 "Department", the department of public safety. 

9 "Division", the division of inspection of the department of public 

10 safety. 

11 "Inspector", a boiler inspector of the division of inspection of the 

12 department of public safety, or an inspector of an insurance company 

13 authorized to insure steam boilers in the commonwealth. 

DUTIES OF BO.\RD OF BOILER RULES. 

1 Section 2. The board shall formulate rules for the construction. Rules for 

2 installation and inspection of steam boilers, and for ascertaining the safe i907.'^4C5, 

3 workingpressure to be carried therein; prescribe tests, if it deems it neces- fgdi^ls, § 2. 

4 sary, to ascertain the qualities of materials used in the construction of f^ii^^"' 

5 boilers; formulate rules regulating the construction and sizes of safety }^i^'|- 

6 valves for boilers of different sizes and pressures, the construction, use 

7 and location of fusible safety plugs, appliances for indicating the pressure 

8 of steam and the level of water in the boiler, and such other appliances as 

9 the board may deem necessary to safety in operating steam boilers; and 

10 make a standard form of certificate of inspection. The attorney general 

11 shall assist the board in framing the rules. Such rules shall be submitted 

12 to the governor and council for their approval, and when approved shall 

13 have the force of law, and shall be printed and furnished by the com- 

14 missioner to those requesting them. 

1 Section 3. The board shall hold public hearings annually on the Hearings. 

2 first Thursday in May and November, and at such other times as it may ^®°^' ^^^' ' 

3 determine, on petitions for changes in the rules formulated by it. If, 

4 after any such hearing, it shall deem it advisable to make changes in said 

5 rules, it shall appoint a day for a further hearing, and shall give notice 

6 thereof and of the changes proposed by advertising in at least one news- 

7 paper in each of the cities of Boston, Worcester, Springfield, Fall River, 

8 Lowell and Lynn, at least ten days before said hearing. If the board on 

9 its own initiative contemplates changes in said rules, like notice and a 
10 hearing shall be given and held before the adoption thereof. 

1 Section 4. Changes in the rules which affect the construction of ^'"^^If' 

2 new boilers shall take effect six months after the approval of the same iso^- ^ss. § 2. 

3 by the governor and council; provided, that the board may, upon request, 

4 permit the application of such change in rules to boilers manufactured 

5 or installed during said six months, ^^^len a person desires to manufac- 

6 ture a special type of boiler the design of wliich is not co^•ered by the 

7 rules formulated by the board, he shall submit drawings and specifica- 

8 tions of such boiler to said board, which, if it approves, shall permit the 

9 construction thereof. 

inspection of boilers. 

1 Section 5. The division shall enforce this chapter and the rules of ?"''«« of 

nlii 1 1' •! • T'.. inspectors of 

2 the board except when otherwise provided. All inspectors of the division ^gSi^'Yi."^""- 

3 may enter any premises in the pursuance of their duty. 5§ s/s. 

ISflfi, 546, §§ 4, 7. 1906, 3S7, § 6. 1913, 610, § 4. 

1899, 368, §§ 8, 11. 1907, 465, § 28. 1914, 407, § 5. 

R L. 102, § 86. 1909, 393, § 3. 1915. 259, § 11. 

1905, 310. § 3; 472, § 3. 1911. 656, | 6. 



1516 



INSPECTION OF BOILERS. 



[Chap. 146. 



Annual 




inspection 




1895, 418, 


§2. 


1898, 167. 




R. L. 105, 


§3, 


Certain boilers 


excepted. 




1895.418, 




§§ 1.2. 




1898, 167. 




R. L. 105, 




B 2, 3. 




1905, 472, 


i 1. 


1906, 387, 


§1. 


1907, 4fi5, 


§ 1. 


1908, 563, 


§1. 


1909, 393, 




§§ 1.3. 




1912,631, 


§ 1. 



Section 6. All steam boilers and their appurtenances except those 1 

specified in the following section shall be thoroughly inspected externally 2 

and internally at least once a year. i906, 3S7, § i. 3 

1907, 465, § 1. 1908, 563, § 1. 1909, 393, § 1. 1912. 531, § 1. 

Section 7. The preceding section shall not apply to boilers of rail- 1 

road locomotives, motor vehicles or steam fire engines brought into the 2 

commonwealth for temporary use in times of emergency, nor to boilers 3 

used in private residences, nor to those used solely for heating public 4 

buildings or apartment houses which carry pressures not exceeding fifteen 5 

pounds to the square inch and have less than four scjuare feet of grate 6 

surface, nor to boilers of not more than three horse power. The said 7 

section shall not apply to boilers under the jurisdiction of the United 8 

States nor to those used exclusively for horticultural or agricultural 9 

purposes. 10 



Boilers not to 
be operated 
without 
inspection. 
19011, 3S7, § 2. 
1907, 465, § 19. 
1912, 531, I 1. 

Penalty, § 33. 



Section 8. No person shall operate or cause to be operated any 
boiler required by this chapter to be inspected until it has been inspected, 
and the certificate of inspection required by section twenty-three or 
twenty-five has been issued and so placed in the engine or boiler room of 
the plant as to be easily read, or in the case of a portable boiler kept with 
it and alwavs accessible. 



Boiler not to 
be operated in 
excess of 
prescribed 
pressure. 

1907, 465, § 1. 

1908, 563, § 1. 

1909, 393, I 1. 
1912, S31. I 1. 



Section 9. No person shall operate or cause to be operated any 
boiler required by this chapter to be inspected at pressures in excess of 
the safe working pressure ascertained by the rules of the board and 
stated in the certificate of inspection nor unless the boiler is equipped with 
such safety appliances as are prescribed by the board. Penalty, § 33. 



Report of 

uninsured 

boiler. 

1895, 418, § 1. 

R. L. 105, § 2. 

1907, 465, I 2. 

1912, 531, § 2. 

1913, 610, § 4. 

Penalty, § 33. 



Duties of 
inspector. 
1907, 465, 5 3. 



Section 10. Whoever owns, or uses or causes to be used, any such 1 

boiler, unless the same is under the periodically guaranteed inspection 2 

of an insurance company authorized to insure boilers in the common- 3 

wealth, shall report in writing to the chief the location of such boiler, 4 

before the work of installation of such boiler is completed, and annually 5 

thereafter; provided, that the owner or user of an insured boiler shall 6 

report immediately in writing to the chief whenever the insurance com- 7 

pany ceases for any cause to inspect the boiler. 8 

Section 11. All such boilers shall be inspected externally at least 1 

once each year when in operation, and the inspector shall observe the 2 

pressure of steam carried and the general condition of each boiler, and 3 

ascertain if the safety valve and the appliances for indicating the pres- 4 

sure of steam and level of the water in the boiler are in proper working 5 

order. 6 



Tampering 
with safety 
appliance. 
1895,418, § 4. 
R. L. 105, § 5. 



Section 12. No person shall remove or tamper with any safety appli- 1 

ance prescribed by the board nor load the safety valve to a greater pres- 2 

sure than that allowed by the certificate of inspection. 3 

1907, 465, § 3. Penalty, § 33. 



Inspection by 
insurance com- 
panies or 
mspectors of 
the division. 

1893, 387. 

1894, 481, § 3. 



Section 13. The inspection of boilers and appurtenances shall be 1 

made by the division, under the super\ision of the chief, or by inspec- 2 

tors of insurance companies authorized to insure steam boilers in the 3 

commonwealth. is95, 4is. § s. 1896, S46, § 4. 4 

1898,261. R. L. 105, §1. 1907, 463, § 4. 1913, 610, § 4- 



Chap. 146.] inspection of boilers. 1517 

1 Section 14. Every insurance company authorized to insure steam insurance 

2 boilers in the commonwealth shall have in its employ at least one in- h°"e''fi?msed"' 

3 spector who holds a certificate of competency under section sixty-two igor.'^les^' 

4 and resides in the commonwealth. When an inspector holding such a fgil^lsi, ^ 3. 

5 certificate ceases to be employed by an insurance company, it shall 

6 notify the commissioner, giving the reasons therefor. 

1 Section 15. No person shall act as an inspector of boilers for an Acting as in- 

2 insurance company unless he holds a certificate of competency under l^hcense"'"'""' 

3 section sixty-two. 1907, 465, 1 5. 1912, 531, § 3. Penalty, § 33. prohibited. 

1 Section 16. Any insurance company which issues a certificate of in- same subject as 

2 spection signed by an inspector who does not hold a certificate of com- i907','465°§'8. 

3 petency may have its authority to insure steam boilers revoked by the 

4 commissioner of insurance. 

1 Section 17. The inspectors of the division shall make reports of all Reports of 

. . 11111 1 • 1 1 • p inspectors of 

2 mspections and shall make such recommendations to the chief as they the division. 

o ^ 1 ,. ^ *' R. L. 105, § 1. 

may deem expedient. i907, 465, § 9. lois. eio, § 4. 

1 Section 18. Every insurance company shall forward to the chief, i^su°an^ce^ 

2 within fourteen days after each inspection, reports of all boilers inspected ^g^jP^^^'l^v 2 

3 by it. Such reports shall be made on blanks furnished by the chief, and i906, 387, § 1 

. . . 1907, 465, § 10 

4 shall contain all orders made by the company regarding such boUers. i9i3i eio! § 4. 

Penalty, § 33. 

1 Section 19. Every insurance company shall report immediately to insurance 

2 the chief the name of the owner or user and the location of every boiler re^^t^an-™""" 

3 required by this chapter to be inspected, upon which they have cancelled ifoT^Tit^i ii. 

4 or refused insurance, giving the reasons therefor. 

1913, 610, § 4. Penalty, § 33. 

1 Section 20. Boilers and their appurtenances used exclusively for safety 

2 heating purposes, which are not required by this chapter to be inspected, i907.''465r§ 12. 

3 shall be provided with such safety appliances as shall be prescribed by 

4 the board, and the division shall inspect such boilers upon application 

5 of the owner. 

1 Section 21. The owner or user of a boiler required by this chapter Preparation ot 

2 to be inspected shall prepare the boiler for inspection as directed by the inspection. 

3 inspector. The inspector shall, if requested, give the owner or user at ilgg, iw! 

4 least fourteen days' notice to prepare a boiler for inspection; provided, J^qaIm] i 13 

5 that no notice shall be required of an external inspection under steam, 1^12, 531, § 4. 

6 nor if the boiler is being installed or has not been inspected within one Penalty, § 33. 

7 year and a certificate of inspection issued. If, in the judgment of an 

8 inspector of the division, any such boiler or its appurtenances is in a 

9 defective or dangerous condition, he may immediately forbid the opera- 

10 tion of the boiler, Mhether or not it is under the inspection of an insurance 

11 company; and no person shall again operate such boiler, or cause it to 

12 be operatetl, until a certificate of inspection has been issued by an inspec- 

13 tor of the division. 

1 Section 22. The owner or user of a boiler inspected by the division Fees for in- 

2 shall pay to the commissioner five dollars for each boiler internally and the diNisioii. 



1518 



INSPECTION OF BOILERS. 



[Chap. 146. 



1895, 


418, 


§5. 


R. L. 


105, 


§4. 


1905, 


472, 


§ 1- 


1907, 


405, 


§ 14. 


1912, 


531. 


§5. 


1913, 


610, 


§ 4. 


1919, 


133. 




Certificate of 


inspection by 


the division. 


1895, 


418, 




§§3, 


4. 




E. L. 


105, 




§§4, 


5. 




190.5, 


472, 


§2. 


1907, 


465, 


§15. 


1912, 


531, 


§6. 



Penalty, § 33. 



externally inspected, and two dollars for each ^•isit for external inspec- 3 

tion under steam, and two dollars for each cast iron sectional boiler 4 

inspected. The commissioner shall pay to the commonwealth all sums 5 

so received. 6 

Section 2.3. If, upon inspection, the inspector of the division finds 1 
the boiler to be in safe working order, with the fittings necessary to safety, 2 
and properly set up, and the boiler and its appurtenances conform to the 3 
rules of the board, he shall issue to the owner or user thereof a certificate 4 
of inspection stating the maximum pressure at which the boiler may be 5 
operated, as ascertained by the rules of the board, and thereupon such 6 
owTier or user may operate the boiler mentioned in the certificate; if the 7 
inspector finds otherwise, he shall withhold his certificate until the boiler 8 
and its fittings are put in a condition to insure safety of operation, and 9 
the boiler and its appurtenances conform to the rules of the board, and 10 
the owner or user shall not operate such boiler, or cause it to be operated, 1 1 
until such certificate has been granted. 12 



Inspected boiler 
to be stamped 
or tagged. 

1906, 522. 
§§2,3. 

1907, 465, § 16. 

Penalty, § 33. 



Section 24. Every boiler which has been inspected by the division 1 

shall be numbered either by stamping the number upon the boiler or by 2 

attaching a numbered metal tag by a seal or otherwise to the boiler or 3 

its fittings. No person except an inspector of the dixnsion shall deface 4 

or remove anv such number or tag. 5 



Certificate of 

inspection by 
insurance 
company. 
1905, 472, § 2. 
1907, 465, § 17. 
1912, 531, § 7. 



Section 25. Insurance companies shall, after each internal and 1 

external inspection, if the boiler and its appurtenances conform to the 2 

rules of the board, and if they deem the boiler to be in safe working 3 

condition otherwise, is.sue a certificate of inspection stating the maximum 4 

pressure at which the boiler may be operated as ascertained by the rules 5 

of the board. 6 



First 
inspection. 

1907, 465, § 18. 

1908. 563, § 2. 
1913, 610, § 4. 



Section 26. If a boiler is insured which has not previously been 1 

inspected externally and internally and a certificate of inspection issued, 2 

the company so insuring shall forthwith notify the chief to that effect, 3 

and shall inspect such boiler internally and externally within one month 4 

after the insurance is effected. No insurance shall be effected on any 5 

boiler which does not conform to the rules of the board. 6 



Contents of 
certificate. 
1907, 465, § 19. 



Section 27. The certificate of inspection issued by the division, or 1 

by an insurance company, shall state the name of the owner or user, the 2 

location, size and number of the boiler, the date of inspection and the 3 

maximum pressure at which it may be operated, with the signature of 4 

the inspector, and shall contain such extracts from the statutes as shall 5 

be deemed necessary by the board. It shall be so placed in the engine 6 

or boiler room of the plant where the boiler is located as to be easily 7 

read, except that the certificate of inspection for a portable boiler shall 8 

be kept with it and shall be always accessible. 9 



Safety plug. 
1850, 277, § 1. 
G. S. 88. § 43. 
P. S. 102, § 51. 
R. L. 105, § 9. 
1907, 465, I 20. 

Penalty, § 33. 



Section 28. No person shall use, or cause to be used, a steam boiler, 1 

excepting boilers upon motor vehicles, steam fire engines, boilers in private 2 

residences, or boilers under the jurisdiction of the United States, unless 3 

it is equipped with a fusible safety plug made of lead or some other equally 4 

fusible material, as specified by the rules of the board. 5 



ClL\P. 146.] COMPRESSED AIR TANKS. 1519 

1 Section 29. The owner or user of any boiler required by this chapter Notice of 

2 to be inspected shall immediately notify the division or the insurance boiler. 

3 company, if the boiler is insured, if a defect affecting the safety of the ' ' " 

4 boiler is discovered. 

1 Section 30. If the insurance on any boiler required by this chapter Uninsured 

2 to be inspected expires, or is cancelled because the insurers deem it un- be'o^erated" 

3 safe to continue the operation thereof, the owner or user shall cease to isO'^^^s, § 22. 

4 operate it until it has been put in a safe condition, satisfactory to the i'«'i''"y' § 33. 

5 insurers, or has been inspected by the division and a certificate of inspec- 

6 tion has been issued. 

1 Section 31. If, in the judgment of the inspector of the division or of ^/^f™l^^^l^ 

2 the insurance company, it is ad\'isable to apply a hydrostatic pressure i907, 465, § 23. 

3 test to a boiler, the owner or user shall prepare the boiler for such test, 

4 as directed by the inspector of the division or by the insurance company. 

1 Section 32. No person shall prevent or attempt to prevent the Hindering 

2 chief or any inspector of the di\-ision from entering any premises on which forbfdden. 

3 a boiler is situated. 

1906, 387, § 5. 1907, 465, § 2.8. 1909, 393, § 3. Penalty. § 33. 

1 Section 33. Whoever violates any provision of sections five to Penalty. 

2 thirty-two, inclusive, or of the rules of the board shall be punished by 111°] llr. ^ ^' 

3 a fine of not less than twenty nor more than five hundred dollars or by p; |; fo2,V53. 

4 imprisonment for not more than six months, or both. 

1895, 418, §7. 1906, 387, §§4, 5; 1907. 465, § 28. 

R. L. 105, §§ 6, 11. 522, § 3. 1909, 393, § 3. 

compressed air tanks. 

1 Section 34. No person shall install or use, or cause to be installed ^„';|^?J|- 

2 or used, any tank or other receptacle, except when attached to loco- §§ i,'?. 

3 motives, street or railway cars, vessels or motor vehicles, for the storing 649, '§§ i,'7. 

4 of compressed air at any pressure exceeding fifty pounds per square inch, penalty, § 4i. 

5 for use in operating pneumatic machinery, unless the owner or user thereof 

6 shall hold a certificate of inspection issued by the division, certifying that 

7 the said tank or other receptacle has duly been inspected within two 

8 years, or unless the owner or user shall hold a policy of insurance upon 

9 the said tank or other receptacle issued by an insurance company author- 

10 ized to insure air tanks within the commonwealth, together with a certif- 

1 1 icate of inspection from an insurance inspector who holds a certificate of 

12 competency described in section sixty-two. 

1 Section 35. The board shall prescribe regulations for the size, shape, Ruiea for 

2 construction, gauges, operation, maximum pressure, safety devices, use i9i3f'629, § 2. 

3 of oil, and other appurtenances necessary for the safe operation of such lll*\^'i^' ^ ^' 

4 tanks or other receptacles. 

1 Section 36. The division shall inspect at least once in two years all J!!??®^ oq^i 3 

2 such tanks or other receptacles, except such as are covered by a policy of 1914! 649', § 3. 

3 insurance and inspected by insurance inspectors as specified in section 

4 thirty-four. 

1 Section 37. Owners of such tanks or other receptacles shall notify Notice. 

2 the commissioner of the location thereof. 1914, 649, § 4. ^^^^' ''^°' ^ ■*' 



1520 



LICENSES OF ENGINEERS .tND FIREMEN. 



[ClL\P. 146. 



Reports of 
inspection. 

1913, 629. § 5. 

1914, 649, § 5. 



Section 38. Every insurance company authorized to insure air 1 

tanks within the commonwealth shall forward to the commissioner, 2 

within fourteen days after each inspection of an air tank or other such 3 

receptacle, a report of such inspection. The reports shall be made on 4 

blanks furnished by the division, and shall contain all orders and regula- 5 

tions made by the company regarding the air tanks or other receptacles 6 

so inspected. 7 



Teats for 

inspection. 

1913, 629, § 6. 

1914, 127, § 3; 
649, § 6. 



Section 39. The inspection shall consist of a hammer test, and, if 
required by the inspector, a hydrostatic test the pressure of which shall 
be one and one half times the pressure allowed on the air tank or other 
receptacle inspected. The air tank or other receptacle shall be prepared 
for inspection by the owner or user thereof. 



Fees. 

1913, 629, § 8. 

1914, 649. I 8. 
1919, 133. 



Section 40. Three dollars shall be paid to the commissioner by the 1 

owner, agent or user of any such tank or other receptacle for e\'ery inspec- 2 

tion thereof. The commissioner shall pay to the commonwealth all sums 3 

so received. 4 



Penalty. 

1913, 629, I 9. 

1914, 649, I 9. 



Section 41. Wioever violates any provision of sections thirty-four 1 

to thirty-nine, inclusive, or any regulation made under authority thereof, 2 

shall be punished by a fine of not more than fifty dollars or by imprison- 3 

ment for not more than one month, or both. 4 



Ammonia 
compressors. 



AMMONIA COMPRESSORS. 



Section 42. No person shall use an ammonia compressor unless it is 1 



1914, 467, § 1, equipped with a safety valve. 



Penalty, § 55. 



1914T467, §2. Section 43. The board shall formulate rules for the size, design, 
location and piping of safety valves on ammonia compressors. 



ForcfoMaw''^ Section 44. The rules so formulated shall have the force of law 1 

1914, 467, §3. gjjjj gj^j^jj ^jg printed and furnished to those requesting them by the 2 

division. 3 

Sl"^^'" Section 45. Any changes in the rules as formulated by the board 1 

1914, 467, 5 4. gj^^^jj ijg made in accordance with sections three and four. 2 



Licenses for 

operating 

boilers or 

engines. 

1S95, 471, § 

1896, 546, I 

1S99, 308, 

§§1,5. 

R. L. 102, 

§§ 78, SO. 

1907, 373, 

1911,562, 

§§ 1.2. 

1914,451. 

1915, 259, 

« 1, 3. 

196 Mass. 402. 

1 Op. A. G. 485. 

Penalty, § od. 



, § 1. 



LICENSES OF ENGINEERS AND FIREMEN. 

Section 46. No person shall have charge of or operate a steam 1 

boiler or engine or its appurtenances, except boilers and engines upon 2 

locomotives, motor vehicles, boilers and engines in private residences, 3 

boilers in apartment houses of less than five apartments, boilers and 4 

engines under the jurisdiction of the United States, boilers and engines 5 

used for agricultural purposes exclusively, boOers and engines of less than 6 

nine horse power, and boilers used for heating purposes exclusively which 7 

are provided with a device approved by the commissioner limiting the 8 

pressure carried to fifteen pounds to the square inch, unless he holds a 9 

license as hereinafter provided. The owner or user of a steam boiler or 10 

engine, other than boilers or engines above excepted, shall not operate or 11 

cause to be operated a steam boiler or engine or its appurtenances for a 12 

period of more than one week, unless the person in charge of and operat- 13 



ClL\P. 146.] LICENSES OF ENGINEERS .\ND FIREMEN. 1521 

14 ing it is duly licensed; provided, that in manufacturing plants an unli- 

15 censed person may operate, under a licensed person on duty, a simple 

16 non-condensing engine of not more than one hundred and fifty horse 

17 power, and in any plant one unlicensed person may be employed under 
IS the personal direction of each licensed person in the plant to operate 
19 the appurtenances of a boiler or engine. 

1 Section 47. If such steam engine or boiler or an appurtenance thereof violation of 

2 is found to be in charge of, or operated by, a person not duly licensed as section. 

3 an engineer or fireman, and, after a lapse of one week from such time, r. l! 102'. 1 79. 

4 it is again found to be so operated by an unlicensed person, it shall be ii'l,'!.^^' 

5 deemed prima facie evidence of a violation of the preceding section. 

1 Section 48. The horse power of a boiler shall be ascertained upon a Determination 

2 basis of three horse power for each square foot of grate surface or equiva- is99°*368, § 6. 

3 lent, when the safety valve is set to blow at a pressure exceeding twenty- ign; 562! § s.' 

4 five pounds per square inch, and on a basis of one and one half horse power '®'^' ^°®' ^ *■ 

5 for each square foot of grate sinface or equivalent, when the safety valve 

6 is set to blow at twenty-fi\e pounds pressure per square inch or less. 

7 The horse power of a reciprocating steam engine shall be ascertained 

8 upon the basis of a mean effective pressure of forty pounds per square 

9 inch of piston for a simple engine, fifty pounds for a condensing engine, 

10 and seventy pounds for a compound engine, calculated upon the area of 

11 the high pressure piston. A variable speed engine shall be rated at its 

12 designed mean speed. 

13 A steam turbine engine shall be rated at less than nine horse power 

14 when the external diameter of the steam supply pipe does not exceed one 

15 and three fourths inches, at fifty horse power when it exceeds one and 

16 three fourths inches and does not exceed three and one half inches, and 

17 at one hundred and fifty horse power when it exceeds three and one half 

18 inches and does not exceed five inches. 

1 Section 49. Licenses shall be granted according to the competence classes of 

2 of the applicant, anfl shall be classified as follows: Engineers' licenses: 1895.^471, § 3. 

3 First class, to have charge of and operate any steam plant. Second class, Jfoo, 201' ^ *' 

4 to have charge of and operate a boiler or boilers, and to have charge of f^^- i^j | f^ 

5 and operate engines, no one of which shall exceed one hundred and fifty i^o^.^i;* 

6 horse power, or to operate a first class plant under the engineer in direct ion! 562! § i. 

7 charge thereof. Third class, to have charge of and operate a boiler or 1915. 259, § 7. 

8 boilers not exceeding in the aggregate one hundred and fifty horse power, 

9 and an engine or engines not, exceeding fifty horse power each, or to 

10 operate a second class plant under the engineer in direct charge thereof. 

11 Fourth class, to have charge of and operate hoisting and portable steam 

12 engines and boilers. Portable class, to have charge of or to operate port- 

13 able boilers and portable engines, except hoisting engines or steam fire 

14 engines. Steam fire engineer's class, to have charge of or to operate steam 

15 fire engines and boilers. Firemen's licenses: Extra first class, to have 

16 charge of and operate any boiler or boilers. First class, to have charge of 

17 and operate any boiler or boilers where the safety valve or valves are 

18 set to blow at a pressure not exceeding twenty-five pounds to the square 

19 inch, or to operate high pressure boilers under the engineer or fireman 

20 in direct charge thereof. Second class, to operate any boiler or boilers 

21 under the engineer or fireman in direct charge thereof. A person holding 

22 an extra first class or first class fireman's license may operate a third class 



1522 



LICENSES OF ENGINEERS AND FIREMEN. 



[ClL\P. 146. 



plant under the engineer in direct charge thereof. Special licenses: A 2.3 

person who desires to have charge of or to operate a particular steam 24 

plant may, if he files with his application for such examination a WTitten 25 

request signed by the owner or user of the plant, be examined as to his 26 

competence for such service and no other, and, if found competent and 27 

trustworthy, he shall be granted a license for such service, and no other; 28 

provided, that no special license shall be granted to give any person charge 29 

of or permission to operate an engine of over one hundred and fifty horse 30 

power, except that where the main power plant is run by water power 31 

exclusively during the major part of the time, and has auxiliary steam 32 

power for use during periods of low water, a special license may be issued 33 

to an applicant holding an engineer's license. 34 



Qualifications 
of licensees. 
1911.562, § 3. 
1915. 259, § 4. 



Section 50. To be eligible for examination for a first class fireman's 1 
license, a person must have been employed as a steam engineer or fire- 2 
man in charge of or operating boilers for not less than one year, or he must 3 
have held and used a second class fireman's license for not less than six 4 
months. To be eligible for examination for a third class engineer's 5 
license, a person must have been employed as a steam engineer or fire- 6 
man in charge of or operating boilers for not less than one and one half 7 
years, or he must have held and used a first class fireman's license for not 8 
less than one year. To be eligible for examination for a second class 9 
engineer's license, a person must have been employed as an engineer in 10 
charge of a steam plant or plants having at least one engine of over 11 
fifty horse power for not less than two years, or he must have held and 12 
used a third class engineer's license either as an engineer, assistant engineer 13 
or fireman for not less than one year, or have held and used a special license 14 
to operate a first class plant for not less than two years; except that any 15 
person who has served three years as apprentice to the machinist or 16 
boiler making trade in stationary, marine or locomotive engine or boiler 17 
works and who has been employed for one year in connection with the 18 
operation of a steam plant, or any person graduated as a mechanical 19 
engineer from a duly recognized school of technology who has been 20 
employed for one year in connection with the operation of a steam plant, 21 
shall be eligible for examination for a second class engineer's license. 22 
To be eligible for examination for a first class engineer's license, a person 23 
must have been employed for not less than three years as an engineer 24 
in charge of a steam plant or plants having at least one engine of over one 25 
hundred and fifty horse power, or he must have held and used a second 26 
class engineer's license in a second class or first class plant for not less than 27 
one and one half vears. 28 



Posting of 
license. 
Daily record. 
1899, 368, § 10. 
R. L. 102, § 85. 
1907, 373. § 4. 
1911,562, § 7. 
1915, 259, § 10. 



Section 51. An engineer's or fireman's license shall be so placed in 1 

the engine or boiler room of the plant operated by the licensee as to be 2 

easily read. The person in charge of a stationary steam boiler upon 3 

which the safety valve is set to blow off' at more than twenty-five pounds 4 

pressure to the square inch, except boilers in private residences, boilers 5 

in apartment houses of less than five apartments, boilers under the juris- 6 

diction of the United States, boilers used for agricultural purposes ex- 7 

clusi^'ely, and boilers of less than nine horse power, shall keep a daily 8 

record of the boiler, its condition \\hen under steam, and of all re])airs 9 

made and work done on it, upon forms to be obtainetl upon application 10 

to the department. These records shall be kept on file and shall be al- 1 1 

ways accessible to the chief and inspectors of the division. 12 



Chap. 14G.] ex.\minations for licenses, etc. 1523 

1 Section 52. A license in force on May seventeenth, nineteen hun- Licenses in 

2 dred and fifteen, shall continue in force until it is suspended or revoked lois. 



1S95, 471. § 2. 



3. 

8L 



3 for the incompetence or untrustworthiness of the licensee, except that imi, 5411 _ 

4 a special license shall not continue in force after the holder thereof ^°l[ f^i; | 

5 ceases to be employed in the plant specifiefl in the license. A license in J^n. 562, 5 s^ 

6 force on said date may be exchanged for a license of the same class under i9" Mass. 402. 

7 section forty-nine at any time thereafter, on application to the division, 

8 upon forms to be furnished by said division. The applicant shall make 

9 oath to the statements contained in the said application, and the chief or 
10 any inspector of the division may administer the oath. 

licenses for operating hoisting machinery not run by steam. 

1 Section 53. No person shall operate derricks, cableways, machinery Hoisting 

2 used for discharging cargoes, temporary elevator cars used on excavation 1911, ese,' 

3 work or used for hoisting building material, when the motive power to 1915,211, § 1. 

4 operate such machinery is mechanical and other than steam, unless he Penalty. § 55. 

5 holds a license as hereinafter provided. The owner or user of such hoist- 

6 ing machinery shall not operate, or cause to be operated, such machinery 

7 for a period of more than one week, unless the person operating it is duly 

8 licensed. 

1 Section 54. A license to operate such hoisting machinery shall be License to be 

2 carried on the person of the holder thereof when operating the same. person. ° 

1911, G56, § .5. 

1 Section 55. Whoever violates any provision of sections forty-two Penalty. 

2 to fifty-four, inclusive, or any rule made thereunder, or prevents or at- isge] bin', § i'. 

3 tempts to pre\-ent an inspector from entering on any premises in the dis- fgos; 1%', 1 1^' 

4 charge of his duty shall be punished by a fine of not less than ten nor J^}|; 4^7; 1 5; 

5 more than three hundred dollars or by imprisonment for not more than i^i^, 259. 1 li. 

6 three months. 

ex.uiinations of applicants for licenses, etc. 

1 Section 56. The chief and inspectors of the division shall act, as inspectors of 

2 provided in sections fifty-seven to sixty-seven, inclusive, as examiners tolcras'"" 

3 of applicants for certificates of competency to inspect boilers, and for llg™'^!"' 

4 licenses as engineers or firemen or operators of hoisting machinery. Jggg' \^\' | f 

5 The chief or any such inspector may administer the oath to applicants. is9|' |*J' » ^■ 

1S99, 368, § 8. 1905, 310, §3. 1915, 259, §§ 5, 11. 

R. L. 102, § 86; 105, § 1. 1911, 562, § 3; 656, §§ 3, 6. 

1 Section 57. Applications shall be made under oath on forms to be Applications 

2 supplied by the division, and shall show the total experience of the ap- is95,°47i,^' 

3 plicant. An applicant shall not be examined more than once in ninety i896,546, 

4 days except in case of an appeal. Each application for a license as eii- ilol'^los, 

5 gineer, fireman or operator of hoisting machinery shall be accompanied |^§ ^ ''^^^ . ^j 

6 by a fee of one dollar. i90.-), 3io, § i. 

1907, 465, § 6. 1911, 563, § 3; 650, § 3. 1915, 259, §5 4, 5. 

1 Section 58. In all examinations or appeals the applicant may have Applicants 

2 one person present who may take notes if he so desires. In case of ap- pe"soirpresent. 

3 plicaiits for certificates of competency to inspect boilers such person shall §§'"*3,'9.'' ' 

4 be a representative of an insurance company employing the applicant or "^ si/gl.' 

5 wishing to do so. isos, sic, § i. i907, 373, § 3; 405, § 7. 

1911, 502, §§ 3, 6; 656, §§ 3, 4. 1915, 259, §§ 6, 9. 



1524 



EXAMINATIONS FOR LICENSES, ETC. 



[Chap. 146. 



Revocation 
of licenses. 
1895.471. § 2 
1891), 546, § 2. 
1899, 368. § 3. 
R. L. 102, § 81. 
1905, 310, § 1. 
1907, 465, § 6. 
1911,562, I 3; 
656. § 3. 
1915. 259, 
§§ 5, 6. 



Section 59. A certificate of competency to inspect boilers shall be 
revoked and a license as engineer or fireman or operator of hoisting ma- 
chinen' shall be suspended or re\oked for incompetence or untriist- 
worthiness of the holder thereof. A wilfully false statement in the 
application shall be sufficient cause for revocation at any time. If a 
certificate or license is lost or destroyed a new certificate shall be issued 
without examination upon satisfactory proof thereof. 



Application 
for license. 
1907, 465, § 6. 



examination of inspectors of boilers. 

Section 60. The application of a person desiring to act as inspector 1 

of boilers for an insurance company shall be accompanied by a written 2 

request for an examination by said company. 3 



Board of 
examiners. 
1907, 465. § 6. 



Section 61. Three inspectors of the division shall act as a board 1 

of examiners. The applicant shall be examined as to the construe- 2 

tion, installation, maintenance and repair of steam boUers and their .3 

appurtenances. 4 



com'et?nc°' SECTION 62. If the applicant is found competent he shall receive a 1 

1907, 465, § 6. certificate of competency to inspect steam boilers for the company which 2 

requested the examination. The certificate shall remain in force during 3 

his emploj-ment by the company unless sooner revoked. 4 



Appeal. 
1907, 465, § 7. 



Section 63. A person who is refused a certificate of competency, or 1 

whose certificate is revoked, may appeal from such decision to the com- 2 

missioner, who shall grant a rehearing of the case by a board of five 3 

examiners, no one of whom shall have actetl as an examiner in the former 4 

instance. Their decision shall be final if approved by said commissioner. 5 



Application 
for license as 
engineer or 
fireman. 
Examination. 
1895,471, § 2. 
1896, 546, § 2. 
1899, 368, § 3. 
R. L. 102, § 81. 
1905, 310, 
§§1,3. 
1911,562, § 3. 
1913,610, § 4. 
1915, 259, 
§§ 4, 5. 



examination of engineers, firemen or operators of hoisting 

machinery. 

Section 64. WTioever desires to act as an engineer or fireman shall 1 

apply for a license to the inspector of the division for the town where 2 

he resides or is employed. The examinations shall be uniform throughout 3 

the commonwealth. The applicant shall be given a practical examina- 4 

tion, and, if found competent and trustworthy, he shall receive a license 5 

graded according to the merits of his examination. An applicant for a 6 

first class or second class engineer's license or for a special license shall 7 

be examined by a board consisting of three inspectors of the division, 8 

or two inspectors and the chief, and, if the applicant is employed, one 9 

member of said board shall be the department inspector of boilers for the 10 

town where the applicant is employed, and the decision of said board 11 

shall be final. An applicant for a license as an engineer of any other 12 

class or as a fireman shall be examinetl by one inspector of the division, 13 

from whose decision there shall be an appeal as provided in section 14 

sixtv-six. 1^ 



f^^licfnir Section 65. Whoever desires to act as an operator of hoisting ma- 1 

hoistin"'^ chinery shall apply to the inspector of the division for the town where 2 
machinery. ^g residcs or is employed. He shall be given a practical examination by 3 



Chap. 147.] 



STATE .\ND OTHER POLICE, ETC. 



1525 



4 a department inspector, and if found competent and trustworthy shall Jc^'g®^^' 

5 receive a license to operate such machinery. He shall be examined only i9i5. 211, § 1. 

6 as to his ability to use the particular machinery, whether a gasoline or 

7 electric engine or otherwise, which he desires to operate, and the license 

8 shall be limited to that particular kind of machinery; but if he so recjuests, 

9 the applicant may be examined as to his proficiency in the various kinds 

10 of machinery use<l for hoisting, and the license shall include those kinds 

1 1 of machinery in respect to which he is found competent. 

1 Section 6G. A person aggrieved by the action of a single examiner Appeal. 

2 in refusing, suspending or revoking a license to act as engineer, fireman Um] til'. 1 1'. 

3 or operator of hoisting machinery may, M'ithin one week, appeal there- ^^l] jq?; | si. 

4 from to the chief, who shall appoint three inspectors of the division, \f>l- H^- 1 g. 

5 or himself and two inspectors, to act together as a board of appeal. The ^sb, § 4. ' 

6 decision of a majority of the members of the board of appeal shall be final, lois! 259! § 9'. 



1 Section 67. A license shall continue in force until it is suspended or License in 

2 revoked for incompetence or untrustworthiness of the licensee, except [evoled or 

3 that a special license shall not continue in force after the holder thereof i89|™7'i'^§ 2 

4 ceases to be employed in the plant specified in the license. A person whose J|||ij' |^g' I f 

5 license is suspended or revoketl shall surrender his license to the chief or R l' 102', § si. 

6 an inspector of the division. If a new license of a different grade is issued, 1911! 502; § 3'; 

7 the old license shall be destroyed by the examiner. i9i5, 259, § 6. 



656, § 3. 



GENERAL PROVISIONS. 

1 Section 68. Trial justices shall have jurisdiction of complaints for Trial justices. 

2 violation of the provisions of this chapter, or of rules made hereunder, r*®l.' 102,' | se' 

3 and may impose fines of not more than fifty dollars. 1905, 310. § 3. 

1907, 465, § 28. 1909, 393, § 3. 1911, 656, § 6. 1915, 259, § 11. 

1 Section 69. The commissioner may expend the amount annually Appropriation 

2 appropriated for investigation work, for apparatus used in connection i°909fi3L''"'' 

3 with the inspection of steam boilers and for the installation and niain- 

4 tenance of apparatus in the examination of engineers and firemen. 



CHAPTER 147. 



STATE AND OTHER POLICE, AND CERTAIN POWERS AND DUTIES OF 
THE DEPARTMENT OF PUBLIC SAFETY. 



Sect. 

1. Certain duties of the commissioner of 

public safety. 

2. Powers. 

3. Penalty for receiving rewards, etc. 

4. Commissioner may secure extra police 

officers. 

5. Appeal from orders, etc. 

6. Destruction of old reports, etc. 

7. Constables, etc., to aid governor, when. 

8. County police, appointment, powers and 

duties. 



Sect. 

8pechl police officers. 
9. Massachusetts Society for the Preven- 
tion of Cruelty to Children. 

10. Massachusetts Society for Prevention 

of Cruelty to Animals. 

RESERVE POLICE FORCE IN CITIES. 

11. Reserve police force. 

12. Number of members. 

13. Powers, duties, compensation. 



1526 



CERT.VCN POWERS, ETC., OF DEP.iETMENT OF PUBLIC SAFETY. [CH-VP. 147. 



Sect. 



DAT8 OFF FOR POLICE. 



14. Police in cities and towns. 

15. Same subject. 

16. Same subject. 

17. Same subject. 

POLICE MATRONS. 

18. Police matrons in cities. 

19. Tenure of ofBee, salarj', duties. 

20. Duties of matron. 

21. "Police station", "station", defined. 

PRIVATE DETECTIVES. 

22. License required. 

23. Requirements for license, etc. 

24. Application for license. 

25. Contents of license. 

26. Fee. Bond. 

27. Revocation. 

28. Penalty for di-iTilging information or 

making false report. 

29. Penalty for acting -nithout license. 

30. Application of sections 22 to 29, inclu- 

sive. 

LIST OF POLICE. 

31. List of police to be sent to commis- 

sioner. 



Sect. 



LICENSED BOXING MATCHES. 



32. Unlicensed boxing matches forbidden. 

33. Licenses for boxing matches. 

34. Bond. 

35. Licenses for officials. 

36. Referee and judges. 

37. Physician. 

38. Number of rounds. Gloves. 

39. Age of participants or spectators. 

40. PajTnent to commonwealth. 

41. Tickets not to be sold beyond capacity 

of haU. 

42. Revocation or suspension of license. 

43. Licensee not to have financial interest 

in boxer. 

44. Witnesses before the commission. 

45. Superior court may enjoin unlicensed 

match. 

46. Rules and regulations. Report. 

47. Distribution of money received by 

commonwealth. 

48. Sections 32 to 47, inclusive, in effect in 

cities and towns which accept them. 

49. Acceptance by cities and towns. 

50. Resubmission of sections 32 to 47. 

51. Certain pro\-isions of law not applicable 

to boxing matches. 



Certain duties 
of the com- 
missioner of 
public safety. 
18G3, 219, 
§§1.4. 

1871, 394, § 3. 
1874.405. 
1875, 15, § 1. 
1877, 214, § 6. 
1879, 305, I 3. 
P. S. 103, 
§§ 3, 11. 
1894, 481, § 57. 
1895,418, I 6. 
R. L. 108, § 2. 



Section 1. The commissioner of public safety, in this chapter called 1 

the commissioner, shall have charge of the administration and enforcement 2 

of all laws, rules and regulations which it is the duty of the department of 3 

public safety, in this chapter called the department, to administer and 4 

enforce, and shall, except as is otherwise provided, direct all inspections 5 

and investigations. He shall, subject to the approval of the governor, 6 

make all necessary rules for the government of his department, for re- 7 

ports to be made by officers under him and for the performance of their 8 

duties. He shall make an annual report. looo, 521, § i. i9ii,6i9. 9 

1912, 726, §5. 1919, 350. §§ 1. 99, 100. 3 Op. .\. G. 492. 



Powers. 
1805, 249, I 5. 
1866,261, § 4. 
1871.394, 
§§2,4,7. 
1875, 15, § 5. 
1879, 305, 
§§ 2, 12. 
P. S. 103, § 2. 
1888,113. 
1894, 481, I 1. 
R. L. 108, § 7. 
1906, 262. 
1908, 143, § 1. 
1913,610, § 1. 
1919,350, §102, 



Section 2. The state police shall have and exercise throughout the 1 

commonwealth the powers of constables, except as to service of civil 2 

process, and of police officers. The governor may command their services 3 

in suppressing riots and in preser\'ing the peace. The commissioner may 4 

detail any officer or inspector in the division of inspection or in the di\-i- 5 

sion of fire prevention for temporary service in the division of state police. 6 

The commissioner, with the appro\'al of the governor, may authorize 7 

state police officers to carry badges, revolvers, clubs, handcuffs and twisters 8 

or such other articles as may be required in the performance of their duties. 9 

3 Op. A. G. 515. 



Penalty for 
receiving 
rewards, etc. 
1871, 394, 
§§5.9. 
1S75, 15, § 6. 
1S77.214, § 10. 
1S79, 305, § 6. 
P. S. 103, § 0; 
104. § 24. 
1882, 266, § 5. 



Section 3. Any officer or inspector of the department who directly 
or indirectly receives a reward, gift or gratuity on account of his official 
services shall be punished by a fine of not more than one hundred dollars 
or by imprisonment for not more than three months, and shall also be 
discharged from office. Any officer or inspector who fails to faithfully 
perform his duties shall be immediately discharged from office. 

1894, 481, § 56. R. L. lOS. § 6. 1919, 350, § 108. 133 Mass. 233. 



► 



Chap. 147.] police. 1527 

1 Section 4. The commissioner may, when public exigency requires, Commissioner 

2 with the approval of the governor, call upon the metropolitan district extra police 

3 commission for assistance in performing the duties imposed upon him igw.Tso, 

4 by law; and the said commission shall, when so called upon, assign to duty '°'^' 

5 under said commissioner such of the police force under its control as it 

6 and the commissioner shall determine. 

1 Section 5. Any person affected by an order of the department or of osiers' etc"" 

2 a division or office thereof, may, within such time as the commissioner may is'^^ sso, 

3 fix, which shall not be less than ten days after notice of such order, appeal Op.^A. q. 

4 to the commissioner, who shall thereupon grant a hearing, and after such 134' 302. ' 

5 hearing may amend, suspend or revoke such order. Any person aggrieved 

6 by an order approved by the commissioner may appeal to the superior 

7 court; provided, that such appeal is taken within fifteen days from the 

8 date when such order is approved. The superior court shall have juris- 

9 diction in equity upon such appeal to annul such order if found to exceed 

10 the authority of the department, or upon petition of the commissioner to 

11 enforce all valid orders issued by the department. Nothing herein con- 

12 tained shall be construed to deprive any person of the right to pursue any 

13 other lawful remedy. 

1 Section 6. The commissioner may after two years destroy or other- Destruction 

2 wise dispose of applications for approval of entertainments on Sunday, etc° '^'^''° 

3 inspection reports of theatres and halls under section thirty-six of ^^^ ' ^*^' ^' 

4 chapter one hundred and forty-three, and applications for permits for 

5 special exhibitions of pictures under section eighty-two of said chap- 

6 ter. Any proceeds received from their disposal shall be paid to the 

7 commonwealth. 

1 Section 7. Constables, city marshals, chiefs of police and all other Constables, 

2 police officers shall, within their respective cities and towns, aid the governor,' 

3 governor in the performance of his duties whenever called upon, and any r86T249, § 2. 

4 such officer who refuses so to do when called upon shall be punished by a jf^l'l'''' 

5 fine of not more than one hundred dollars or by imprisonment for not Jlys'il^sV' 

6 more than three months. p. s. 103, § 12. r. l. los, § 9. 

1 Section 8. County commissioners may appoint as police officers County poUce. 

2 persons who are in the employment of the county, who shall, when on powers and 

3 duty, wear in plain sight a metallic badge inscribed with the words isggTiao, 

4 "County Police" and the name of the county for which they are ap- r. lTi'os. § 10. 

5 pointed. Such officers may preserve order in any court house or in any j^°|' ^**' 

6 room or building used for county business and upon the adjoining prem- i^^ iviass. 280. 

7 ises. They may, without a warrant, arrest idle, intoxicated or disorderly 

8 persons \\ho by their presence or conduct obstruct or annoy persons 

9 using county buildings or premises, or who violate section ninety-seven 

10 of chapter two hundred and sixty-six, and may take persons so arrested 

11 to the nearest police station or other place of lawful detention. 

SPECUL police officers. 

1 Section 9. The governor may appoint two or more agents of the Massachusetts 

2 Massachusetts Society for the Prevention of Cruelty to Children as the Prevention 

3 special state police officers for a term of three years, who shall be subject chiuren^ 



4 to removal by the governor, shall serve without pay and shall have and 



1903, 333. 



1528 



POLICE. 



[Chap. 147. 



exercise tlaroughout the commonwealth the powers of state pohce officers 5 
to serve warrants and other criminal processes, except the authority to 6 
arrest ^^^tholIt a warrant. 7 



Massachusetts 
Society for 
Prevention of 
Cruelty to 
Animals. 
1909,302, § 1. 
1912,384, § 1. 
1918, 99. 



Section 10. The governor may appoint, at the request of the Mas- 
sachusetts Society for the Prevention of Cruelty to Animals, duly ac- 
credited agents of that society as special police officers to serve for one 
year, subject to removal by the governor. Such officers shall serve with- 
out pay, except their regular compensation as agents of said society. 
They shall receive no fees for ser\'ices or return of any criminal process 
and shall have throughout the commonwealth the powers of constables 
and police officers to arrest and detain any person ^^olating any law for 
the prevention of cruelty to animals. 



Reserve police 

force. 

1896. 314, 

§5 1.4. 

R. L. 108, § 28. 

213 Mass. 15. 



RESERVE POLICE FORCE IN CITIES. 

Section 11. Any city, except Boston, in which the city council, 1 

with the approval of the mayor, accepts this and the two follo'W'ing sec- 2 

tions or has accepted corresponding pro\asions of earlier laws, may estab- 3 

lish a reserve police force; and appointments thereto shall, subject to 4 

chapter thirty-one, be made in the same manner as appointments to the 5 

regular police force of said city. 6 



Number of 
members. 
1896,314, § 2. 
R. L. 108, I 27. 



Section 12. The number of members of such reserve force shall not 1 

exceed five in cities in which the number of members of the regular force 2 

does not exceed fifteen. If the number of members of the regular force 3 

exceeds fifteen, one member may be added to the reserve force for every 4 

three of the regular force above fifteen and not above thirty; one for 5 

every five of the regular force above thirty and not abo^•e eighty; and 6 

one for every ten of the regular force above eighty. 7 



Powers, duties, 
compensation. 
1896, 314, §3. 
R. L. 108, § 28. 



Section 13. The mayor, chief of police or city marshal of a city 1 

in which such reserve force is established may assign the members thereof 2 

to duty in said city whenever and for such length of time as said mayor, 3 

chief of police or marshal may deem necessary; and M'hen on duty the 4 

members of said reserve force shall have all the powers and duties of 5 

members of the regular police force of said city. The compensation of 6 

the members of said reserve force shall be fixed by the city council. 7 



Police in 
cities and 
towns. 
1908, 476, 
§§1,3. 



DAYS OFF FOR POLICE. 

Section 14. Members of the police department of every city, except 1 

Boston and such cities as have accepted chapter two hundred and ten 2 

of the acts of nineteen hundred and eleven or chapter one hundred and 3 

sLxty-six of the acts of nineteen hundred and twenty, and of every town 4 

which accepted chapter four hundred and seventy-six of the acts of nine- 5 

teen hundred and eight and afterward did not accept chapter two hundred 6 

and ten of the acts of nineteen hundred and eleven or chapter one hun- 7 

dred and sixty-six of the acts of nineteen hundred and twenty, shall be 8 

excused from duty for one day out of every thirty without loss of pay. 9 



ilu^lio^^'' Section 15. Except in Boston, members of the police department 1 

§§ 1. 3. ' of every town which accepted chapter two hundred and ten of the acts 2 

of nineteen hundred and eleven and did not accept chapter one hundred 3 



Chap. 147.] police. 1529 

4 and sixty-six of the acts of nineteen hundred and twenty shall be excused 

5 from duty for one day out of every fifteen without loss of pay. 

1 Section 16. Except in Boston, members of the police department same subject. 

2 of every town which accepted chapter one hundred and sixty-six of the §§1, -i, 5.' 

3 acts of nineteen hundred and twenty shall be excused from duty for one 

4 day out of every eight without loss of pay. 

1 Section 17. The time and manner of excusing members of police Same subject. 

2 departments- from duty in any town subject to any of the three preceding §§ i,'2. ' 

3 sections shall be determined by the chief, superintendent or other officer §§'i''2^^°' 

4 or board at the head of the police department. A member so excused §5"°' 2.''''' 

5 shall be exempt from duty and from attendance at a police station or 

6 other place, but otherwise shall be subject to all laws, rules and regu- 

7 lations relating to members of the department to which he belongs. The 

8 chief, superintendent or other officer or board at the head of the police 

9 department of any such town may, in case of any public emergency, or of 

10 any unusual demand for the services of the police in that town, prevent 

1 1 any member of the department from taking the day off at the time when 

12 he is entitled thereto, or at the time assigned therefor, provided that such 

13 day off shall be granted to him as soon thereafter as is practicable. In ^^ 

14 no case shall the number of such days off be less than twelve in each 

15 year in a town subject to section fourteen, or twenty-four in each year 

16 in a town subject to section fifteen, or forty-five in each year in a town 

17 subject to section sixteen, and they shall be in addition to any annual 

18 vacation now or hereafter allowed to members of the said departments, 

19 and such annual vacation shall not be diminished on account thereof. 

POLICE MATRONS. 

1 Section 18. In every city having a population of over thirty thou- Police matrons 

2 sand inhabitants as shown by the latest census, state or national, except i8S7?234, § 1. 

3 Boston, the mayor shall, and in any other city the mayor, and in Bos- ^ ^l! 10s, § 32. 

4 ton, the police commissioner, may designate one or more police stations 

5 for the detention and confinement of females under arrest, and for the 

6 detention and lodging of females not under arrest, within such city. Such 

7 mayor or police commissioner may at any time designate additional sta- 

8 tions, or may discontinue any stations so designated ; but one such sta- 

9 tion shall always remain so designated, except in Boston. The police 

10 commissioner of Boston and the mayor of any other city shall appoint, 

11 as soon as may be after any station has been so designated, one or two 

12 police matrons to be attached thereto. 

1 Section 19. A woman shall not be appointed a police matron unless Tenure of 

2 she is suitable therefor and has been recommended in writing by at least dut'ies.^'''^'^' 

3 ten women of good standing, residents of the city where the appoint- }g|g; \l\\ ^ ^" 

4 ment is to be made. A police matron may be removed by the mayor or ^- ^- 1°*' 5 33. 

5 police commissioner, as the case may be, by written order stating the 

6 cause of removal. Upon her death, resignation or removal her successor 

7 shall be appointed as soon as may be. She shall receive a reasonable 

8 compensation, which shall be fixed, except in Boston, by the city council, 

9 and in Boston, by the concurrent action of the city council and of the 

10 police commissioner, and shall be paid by the city treasurer upon the req- 

11 uisition of the body fixing her compensation. If only one police matron 



1530 



PRIVATE DETECTIVES. 



[Chap. 147. 



is attached to a station, she shall reside within a reasonable distance 12 
thereof and shall be ready to respond to a call therefrom at any hour of 13 
the day or night. If two police matrons are attached to a station, the 14 
hours during which they shall respond to calls therefrom, respectively, 15 
shall be so fixed by the mayor or police commissioner that one of them 16 
shall be ready to respond at any hour of the day and night, and each such 17 
matron shall, during the hours so fixed for her, remain within a reasonable 18 
distance of such station and be ready to respond to ajiy call therefrom. 19 
One of such matrons shall remain constantly at the police station to 20 
which she is attached, ready for service, so long as any female is detained, 21 
lodged or held under arrest therein. A police matron shall have the entire 22 
care and charge of all females held under arrest, detained or lodged in 23 
the station to which she is attached, and she may call upon the officer in 24 
command of such station for assistance. She shall be subject to the 25 
authority of the head of the police department of the city where she 26 
serves, and to the rules and regulations, consistent with sections eighteen 27 
to twenty, inclusive, which may be prescribed by such authority; but 28 
she shall not be subject to the control or direction of any police officer 29 
attached to a station except the officer in command thereof at the time. 30 
In every station to which a police matron is attached, the mayor or police 31 
commissioner shall, at the expense of the city, provide sufficient and 32 
proper accommodation for females held under arrest, detained or lodged 33 
therein. 34 



Duties of 
matron. 

1887, 234, § 4. 

1888, 181. 

K. L. 108, § 34. 



Section 20. If a female is arrested and taken to a police station to 1 
which a matron is attached or, if not under arrest, is detained or lodged 2 
therein, the police officer there in command shall cause the matron to be 3 
summoned forthwith; and if in a city in which a police matron has been 4 
appointed, or in Boston, a female is arrested and taken to a station to 5 
which no matron is attached, or is received therein for the purpose of 6 
detention or lodging, such oflficer shall cause her to be removed as soon 7 
as possible to the nearest station to which a matron is attached, or in 8 
Boston, to the house of detention, and the city treasurer shall pay the 9 
reasonable expense of such removal upon the requisition of the head of 10 
the police department. Such remo\al of a female shall not deprive any 11 
court of any jurisdiction which it would otherwise have had. 12 



stTt'on!" Section 21. The words "police station" or "station" in the three 1 

d^fin*^ d°'" preceding sections shall mean any place in which persons are temporarily 2 
1887, 234, § 5. confined under arrest. R. l. los, § 35. 3 



License 
required. 
1879, 305, § 7. 
P. S. 103, §7. 
1898, 486. 
R. L. 108, § 36. 
1919, 271, 
§§ 1. 10. 
217 Mass. 294. 



private detectives. 

Section 22. No person shall engage in the business of or solicit busi- 1 

ness as a private detective, or the business commonly transacted by a 2 

private detective, under any name or title whatsoever, without first ob- 3 

taining a license so to do as provided in sections twenty-three to thirtj-, 4 

inclusive. Op. a. g. (iqio) 119. 5 



Reqxiirementa 
for license, 

1919, 271, § 2. 



Section 23. The said license may be granted by the commissioner 1 

to any reputable citizen of the United States, or to any firm or corpora- 2 

tion making written application therefor. The persons making the 3 

application shall be not less than twenty-one years of age, and shall 4 

have had at least three years' experience as investigators. The hokler 5 



CH-^P. 147.] PRIVATE DETECTIVES. 1531 

6 of a license may employ as many agents, operatives and assistants as 

7 may be deemed necessary by the licensee for the conduct of the business. 

1 Section 24. Application for the license shall be made on blank forms Application 

2 to be furnished by the commissioner. The material facts stated in the ig'^ig.^ln! § 3. 

3 application shall be verified by the oath of the applicants, or, in the case 

4 of corporations, by the oath of the resident manager or superintendent 

5 to whom the license may be issued. The application shall contain the 

6 certificates of at least three reputable citizens of the commonwealth, 

7 residing in the town where the applicant proposes in his application to 

8 estabHsh his principal place of business, and said certificates shall be 

9 received as evidence of the good repute of the applicants, and as evidence 
10 that the representations made in the application are true. 

1 Section 25. The license shall be granted for one year, and shall contents 

2 state therein the name and address of the principal office or place of 1919,271, §4. 

3 business of the licensee, and the name under which the licensed business 

4 is to be conducted. 

1 Section 26. For each license, the licensee, if an individual, shall fgig, 2^i°l5. 

2 pay to the commissioner the sum of one hundred dollars annually, and, ^^'' ^^^^- ^^*- 

3 if a partnership or corporation, the sum of two hundred dollars annually, 

4 and shall give to the commissioner a bond in the sum of five thousand 

5 dollars, executed by the applicant as principal and by a surety company 

6 authorized to do business in the commonwealth as surety. The bond 

7 shall be in such form as the commissioner may prescribe, conditioned 

8 upon the honest conduct of the business of the licensee, and the right 

9 of any person injured by the wilful, malicious or wrongful act of the 
10 licensee to bring in his own name an action on the bond. 

1 Section 27. A license may be revoked at any time by the commis- Revocation. 

2 sioner for good cause shown; provided, that due notice shall have been • ' ■« • 

3 given to the licensee to appear before the commissioner to show cause 

4 why the license should not be revoked. 

1 Section 28. Any person who is or has been an employee of a licensee Penalty for 

2 and who divulges any information gained by him in the said employ- infomatlon or 

3 ment except as his employer may direct, or as he may be required by "port* ^"'^"^ 

4 law to do, or who wilfully makes a false report to his employer, shall be i9i9.27i, § 7. 

5 punished by a fine of not more than five hundred dollars or by imprison- 

6 ment for not more than one year, or both. 

1 Section 29. Any person other than an agent, employee or assistant Penalty for 

2 of a licensee hereunder, and any corporation acting as a private detective out license. 

3 without obtaining a license in accordance with sections twenty-three to p. s.' 103*,' § 8." 

4 thirty, inclusive, shall be punished by a fine of not more than five hun- 1919, 271,' 

5 dred dollars or by imprisonment for a term not exceeding one jear, or *'^®' ^°- 

6 both; but no corporation shall be liable to the said penalty if its resident 

7 manager or superintendent is duly licensed under said sections. 

1 Section 30. Sections twenty-two to twenty-nine, inclusive, shall not ^f^^ll^^l^^ 

2 apply to any detective or officer belonging to the police force of the 221029, in- 

3 commonwealth, or of any subdivision thereof, while engaged in the per- 1919, 271. § s. 



1532 



LICENSED BOXING MATCHES. 



[Ch.'IP. 147. 



formance of his official duties ; nor to a charitable, philanthropic or law 4 

enforcement society or association duly incorporated under the laws of 5 

the commonwealth, nor to any agent thereof while engaged in the dis- 6 

charge of his duties as such agent, provided the society or organiza- 7 

tion is promoted and maintained for the public good and not for private 8 

profit; nor to any person employed by any person as an investigator in 9 

connection with the business of such employer, and whose services are 10 

not let out to another for profit or gain; nor to any regularly estabhshed 11 

credit reporting or mercantile agency. 12 



List of police 
to be sent to 
commissioner. 
1892, 290. 
R. L. 108, 
§38. 
1916,241. § 1. 



LIST OF POLICE. 

Section 31. The clerk of each town in which a chief of police or city 1 

marshal is appointed shall, witliin one week after such appointment, 2 

notify the commissioner of the name of the person so appointed; and 3 

the clerk of each town not having a chief of police shall annually, on 4 

October first, send to the commissioner the names of all the police officers 5 

and constables in such town. If he neglects or refuses so to do, he shall 6 

be punished by a fine of fifty dollars. 7 



Unlicensed 
boxing matciies 
forbidden. 
1920, C19, § 3. 

Op. A. c;. 

(1920) 300. 



LICENSED BOXING MATCHES. 

Section 32. No boxing or sparring match or exhibition for a prize 1 
or a purse, or at wliich an admission fee is charged, either directly or in- 2 
directly, in the form of dues or otherwise, shall take place or be conducted 3 
in this commonwealth except in pursuance of a license granted as herein- 4 
after provided by the state boxing commission, in sections thirty-two 5 
to forty-seven, inclusive, called the commission. In no case shall any 6 
boxing or sparring match or exliibition occur on Sunday. Applications 7 
for the license shall be accompanied by such fee, not less than twenty-five 8 
nor more than eight hundred dollars, as the commission may establish 9 
on the basis of the population of the city or town in which the match or 10 
exliibition is to be held. Any persons holding, conducting, participating 11 
in or attending a match or exhibition held without a license, as provided 12 
in the following section, shall be punished by a fine not exceeding one 13 
hundred dollars or by imprisonment for a term not exceeding three 14 
months, or both. In the case of exhibitions or bouts held in accordance 15 
with the rules and regulations of such amateur organizations as may be 16 
approved by the commission, the commission may issue special licenses 17 
without the requirement of a bond as provided in section thirty-four or IS 
of payment of the annual fee. 19 



Licenses SECTION 33. The commission may, subject to the provisions of sec- 1 

matches. tious thJrty-two to forty-scvcu, inclusive, issue licenses to conduct boxing 2 

' ^ ' or sparring matches and exhibitions, which shall expire on December 3 

thirty-first of the year of issue. 4 



Bond. 

1920, 619, § 5. 



Section 34. No license as aforesaid shall be granted unless the 1 

licensee has executed and filed with the commission a bond in a penal 2 

sum of five thousand dollars, with such surety or sureties as shall be 3 

satisfactory to the commission, running to the commission, conditioned 4 

upon the payment to the commonwealth of the sums mentioned in section 5 

forty, and upon faithful compliance by the licensee with the provisions G 

of sections tliirty-two to forty-seven, inclusi^■e, the rules and regulations 7 



Ch.\P. 147.] LICENSED BOXING MATCHES. 1533 

8 of the commission, and with such other laws of the commonwealth as 

9 may be applicable to anj'thing done by the licensee in pursuance of the 

10 license. The bond shall also pro\ide for a forfeiture to the common- 

11 wealth, recoverable at the suit of the attorney general, of such sum, not 

12 exceeding one thousand dollars, as may be stipulated in the bond for 

13 each case of non-compliance. 

1 Section 35. No person shall act, except at a purely amateur match Licenses for 

2 or exhibition, directly or indirectly, as physician, referee, judge, time- 1^20^619, § 6. 

3 keeper, professional boxer or as manager, trainer or second of such a 

4 boxer, at a boxing or sparring match or exhibition unless hcensed by the 

5 commission upon receipt of such classified fee, not exceeding twenty- 

6 five dollars, as the commission may fix. For the purposes of sections 

7 thirty-two to forty-seven, inclusive, a professional boxer is one who 

8 competes for a money prize or teaches or pursues or assists in the practice 

9 of boxing as a means of obtaining a livelihood or pecuniary gain. Phy- 

10 sicians who desire to officiate without charge at amatem* boxing or 

11 sparring matches or exhibitions shall be licensed without charge. 

1 Section 36. At every boxing or sparring match or exhibition there Referee and 

2 shall be in attendance a referee, duly licensed under the provisions of i92o?^6i9, § 7. 

3 sections thirty-two to forty-seven, inclusive, who shall direct and control 

4 the same. The referee shall have fidl power to stop the match whenever 

5 he deems it advisable because of the physical condition of the contestants 

6 or one of them, or when one of the contestants is clearly outclassed by 

7 liis opponent, or for other sufficient reason. The referee shall have power 

8 in liis discretion to declare forfeited any prize, remuneration or purse or 

9 any part thereof belonging to the contestants or one of them if, in his 

10 judgment, such contestant or contestants are not or were not competing 

11 in good faith. There shall also be in attendance two duly licensed judges 

12 who shall, at the termination of every such boxing or sparring match or 

13 exhibition, render their decision. If they are unable to agree, the decision 

14 shall be rendered by the referee. The fees of the referee and other licensed 

15 officials shall be fixed by said commission, and shall be paid by the 

16 licensed organization prior to the exhibition. 

1 Section 37. At any boxing or sparring match or exhibition there physician. 

2 shall be in attendance a duly licensed physician, whose duty it shall be '^'°' *'^®' ^ *• 

3 to observe the physical condition of the boxers and advise the referee or 

4 judges with regard thereto. Any competent physician who has had not 

5 less than three years' experience as a medical practitioner may be hcensed. 

6 No boxer shall be permitted to enter the ring unless, not more than 

7 three hours before, a physician licensed under the pro\'isions of sec- 

8 tions thirty-two to forty-seven, inclusive, shall certify in writing that 

9 the boxer is physically fit to engage in the proposed contest. The phy- 

10 sician's fee, as fixed by the commission, shall be paid by the licensee 

11 conducting the match or exliibition. 

1 Section 38. Boxing or starring matches or exhibitions shall not Number 

2 exceed ten rounds in length, and no roimd shall exceed three minutes. Gloves. 

3 The contestants shall wear during the contest gloves weighing at least 

4 six ounces each. No contestant shall participate in more than ten such 

5 rounds during any period of twenty-four hours. 



1534 



LICENSED BOXING MATCHES. 



[CiLU'. 147. 



Section 39. No contestant under eighteen shall be permitted to en- 1 



Age of 
participants 

i92of e^fg^'^io S^S^ ^^ ^^^ boxing or sparring match or exliibition. No person under 2 
sixteen shall be admitted to or be present at any boxing or sparring 3 
match or exhibition. . 4 



Payment 
to common- 
wealth. 
1920, 619, § 



11. 



Section 40. Every licensee holding or conducting any such boxing 1 
or sparring match or exhibition shall, witliin se^'enty-t\vo hours after its 2 
conclusion, pay to the state treasurer a sum equal to five per cent of the 3 
total gross receipts from the sale of tickets or from admission fees; pro- 4 
vided, that if such match or exhibition is conducted as an incidental 5 
feature in an event or entertainment of a different character, such portion 6 
of the total receipts shall be paid to the commonwealth as the commis- 7 
sion may determine or as may be fixed by rule adopted under section 8 
forty-six. Witliin said time the licensee shall furnish to the commission 9 
a report, duly verified by the treasurer and secretary, showing the exact 10 
number of tickets sold and admission fees collected for the contest, and 11 
the gross receipts thereof, and such other data as the commission may 12 
require. 13 



Tickets not 

to be sold 

beyond 

capacity of 

haU. 

1920. 619, 5 12. 



Section 41. No licensee under section tliirty-three shall sell or cause 
to be sold or issued more tickets or invitations purporting to admit to 
any such match or exhibition, or otherwise admit to the same, more 
persons than are admissible according to the authorized capacity of 
the building, or part thereof actually used therefor. 



o/siSpeM?on Section 42. Any license may be revoked or suspended by the com- 1 

i92oT6i9, 1 13. mission for a violation of any provision of sections thirty-two to forty- 2 

seven, inclusive, or of any other law of the commonwealth or of any rule 3 

or regulation adopted by the commission or whenever the licensee has, 4 

in the judgment of the commission, been guilty of any act or offence 5 

detrimental to the public interest. 6 



Licensee 
not to have 
financial 
interest in 
boxer. 
1920, 619, § 



Section 43. No licensee under section thirty-three shall have, 1 

directly or indirectly, any financial interest in a boxer competing on 2 

premises owned or leased by the licensee, or in which the licensee is 3 

otherwise interested. No contestant in such a match or exhibition shall 4 

be paid for services before the same are rendered, and should it be de- 5 

termined by the judges and referee that a contestant did not give an 6 

honest exhibition of his skill, his services shall not be remunerated. 7 



^1°^% Section 44. The commission shall have the same authority to 

igloTerg!'! i6. summon and require the attendance and testimony of witnesses as to 
all matters within its jurisdiction as is conferred upon city councils 
by section eight of chapter two hundred and thirty-tliree, and sec- 
tions nine, ten and eleven of said chapter shall apply to witnesses so 
summoned. 



1 
2 
3 
4 
5 
6 



may'enjoin"^ SECTION 45. The supcHor court shall ha\'e jurisdiction in equity 

uijicensed upon any information filed by the commission, the attorney general, the 

1920, 619, § 17. district attorney for the district, the police authorities of the city or 

town where the boxing or sparring match or exliibition is held or is 

announced to be held, or by any five legal voters of the commonwealth 

stating that a certain building, tenement or place is used for boxing 



Chap. 147.] licensed boxing matches. 1535 

7 or sparring matches or exhibitions by an individual, group, partner- 

8 ship, club, corporation or association not Hcensed under section thirty- 

9 three, or contrary to any provision of sections tliirty-two to forty-seven, 

10 inclusive, or that a boxing or sparring match or exhibition is being ad- 

11 vertised or announced, or has been advertised or announced, to take 

12 place in a certain building or place, or that a certain individual, club, 

13 corporation or association is selling, exchanging or giving away tickets, 

14 tokens or symbols purporting to entitle the holder to the right or privi- 

15 lege of attending a certain boxing or spai-ring match or exliibition not 

16 licensed by the commission and contrary to the provisions of sections 

17 thirty-two to forty-seven, inclusive, to enjoin and abate the same as a 

18 common nuisance. 

1 Section 46. The commissioner, in consultation with the other mem- Rules and 

2 bers of the commission, may make such rules and regulations for the Rfport'°°^' 

3 administration and enforcement of sections thirty-two to forty-seven, ^^'°' '''^' ^ ^*' 

4 inclusive, as he may deem necessary, subject to the approval of the gov- 

5 ernor and council. Such rules and regulations may provide for and 

6 regulate the granting of a special permit for exliibitions where no de- 

7 cision is to be rendered and where a skilled boxer or boxers merely dem- 

8 onstrate the science of boxing. The commissioner shall make an annual 

9 report to the general court on or before the first Wednesday in January 

10 of the acts of the commission, together with any recommendations for 

11 legislation which he may deem desirable. 

1 Section 47. The remainder of the sums received under section forty, Distribution 

2 after paying the expense to the commonwealth of administering sections ceiveTby com- 

3 thirty-two to forty-seven, inclusive, shall, annually on or before Novem- "SreiQ.'^i i9. 

4 ber first, be distributed by the state treasurer to the several towns in n^ooi'sob 

5 proportion to the amounts collected from licensees acting therein under 

6 said sections. 

1 Section 48. Sections tliirty-two to forty-seven, inclusive, shall be sections 32 

2 in force in any city or town which accepts said sections in the manner si'vtjin°effcct 

3 provided in the following section or has accepted corresponding pro- towns^wh"c1i 

4 visions of earlier laws in the manner provided therein and has not on jSn^eig'^T^o 

5 a resubmission under section fifty voted against said sections. 

1 Section 49. Sections thirty-two to forty-seven, inclusive, shall take Acceptance 

2 effect in a city if accepted by the voters at a city election; provided, towns'^'' """^ 

3 that a petition signed by not less than ten per cent of the registered '^"°' ^*^' ^ ""' 

4 voters is filed with the city clerk not less than thirty days before the 

5 election. Said sections shall take effect in a town on their acceptance 

6 by the voters at an annual or special town meeting, the question having 

7 been submitted upon a like petition; and the selectmen shall upon a like 

8 petition call a special town meeting for the purpose of voting upon such 

9 acceptance. 

1 Section 50. In any city or town in which the provisions of sections Resubmission 

2 thirty-two to forty-seven, inclusive, are in force, said sections shall again 32To''4'7.™ 

3 be submitted to the voters at any municipal election; provided, that a ^^^°' ''''*• ^ ^'' 

4 petition to that effect signed by not less than ten per cent of the voters 

5 is filed with the city or town clerk not less than thirty days before the 



1536 



FraE PREVENTION. 



[CH.4P. 148. 



election. If upon such resubmission the voters vote against said sec- 6 
tions, they shall cease to have effect in that city or town until reaccepted 7 
by the voters as provided in the preceding section. 8 



Certain pro- 
visions of law 



_ Section 51. Sections nine to twelve, inclusive, of chapter two hun- 

to°bo?fi''^'''^'° '^^^^ ^^'^ sixty-five and section twenty-eight of chapter one hundred and 
eighty shall not apply to any boxing or sparring match or exhibition li- 
censed under section tliirty-tliree and conducted under and in accord- 
ance with sections thirty-two to forty-seven, inclusive, and the rules 
and regulations issued under section forty-six. 



matches. 
1920, 619, § 22. 



REFERENCES. 

State police may visit pawnbrokers, Chap. 140, § 73. 
May examine books of persons making collateral loans. Id., § 87. 
Must carrj' out directions of super\-isor of loan agencies. Id., § 112. 
Powers of state police in reference to explosives and inflammable compounds, 
Chap. 148. 

Powers of state poUce in reference to buildings, Chap. 143. 

Powers in relation to cinematographs, Id., |§ 72-85. 

Powers as to inspection of public buildings as to drains, etc.. Chap. 143, § 42. 

Powers as to theatres. Id., § 36 et seq. 

Licensing exhibition on Sunday, Chap. 136, § 4. 

Pensions for state poUce, Chap. 32, § 6S. 

Composition of state bo-xing commission. Chap. 22, § 12. 



CHAPTER 148 

FIRE PREVENTION. 



Sect. 



DEFINITIONS. 



1. Definitions. 

APPLICATION OF CERTAIN SECTIONS. 

2. Application of certain sections. 

INVESTIGATION OF FIRES. 

3. Duties of certain officials. 

4. Duties of marshal. 

5. Powers of inspectors. 

6. Removal of combustible materials. 

7. Penalty. 

8. Report of fires. 

9. Report to insurance companies, etc. 

EXPLOSn'ES. 

10. Rules for explosives. 

11. Rules and regulations. 

12. Appropriation for expert assistance and 

for a laboratory. 

13. Manufacture of fireworks and fire- 

crackers. 

14. License for storing, etc., explosives. 

15. Inflammable fluids in motor vehicles. 

16. Penalty. 

17. Penalty. 

18. Powers of courts. 



Sect. 

19. Officials designated by marshal to grant 

permits. 

20. Inspectors of petroleum. 

21. Oils must be inspected. 

22. Ordinances, etc., as to inspection of 

oils. 

23. Penalty. 

24. Blasting bond. 

25. -Action on bond. 

26. Power of courts. 

27. Damages for illegal use, etc., of explo- 



metropolitan fire prevention district. 

28. District. 

29. Apportionment of salaries and expenses. 

30. Powers of marshal. 

31. Delegation of powers. 

32. Paint or inflammable fluids. 

33. Combustible materials. 

34. Removal of combustible refuse. 

35. Use of salamanders. 

36. Automatic sprinklers. 

37. Dry pipes in basements. 

38. Penalty. 

39. Rules as to fires and fire protection. 

40. Rules, application. Hearing, notice. 

4 1 . Orders to occupant or owner. 



Ch-ip. 148.] 



FIRE PREVENTION. 



1537 



Sect. 

42. Investigation and report by heads of 

fire departments. 

43. Penalty. 

44. Entering buildings. 

45. Appeals. 

46. Investigation of fires. 

47. Reports by insurance companies. 

48. Record of fires. 

49. Study of methods of fire prevention. 

50. Report of commissioner. 

51. Penalty. 

GENERAL PBOVISIOSS. 

52. Possession of bombs and explosives. 

53. Notice of seizure. 

54. Tanks for storage of fluid. 



Sect. 

55. Rules and regulations. 

56. Explosive golf balls. 

57. Blank cartridges, toy pistols, fire- 

works, etc. 

58. Explosive stove polish. 

59. Penalty. 

60. Dangerous illuminating oils, etc. 

61. Same subject. 

02. Penalty for selling naphtha under de- 
ceptive name. 

63. Search warrant for explosives illegally 

kept. 

64. Forfeiture of explosives illegally kept. 

65. Matches. 

66. Fire balloons. 



DEFINITIONS. 

1 Section 1. In this chapter the following words, unless a different Definitions. 

2 meaning is required by the context or is specifically prescribed, shall have '^^*' ''°^' 

3 the following meanings: 

4 "Commissioner", the commissioner of public safety. 

5 "Department", the department of public safety. 

6 "Division", the division of fire prevention of the department of public 

7 safety. 

8 "Inspector", an inspector of the division of fire prevention of the 

9 department of public safety. 

10 "Marshal", the state fire marshal. 

11 "Metropolitan district", the metropoHtan fire prevention district 

12 described in section twenty-eight. 



application of certain sections. 

1 Section 2. Sections six, ten and tliirteen to twenty-three, inclusive, Application 

2 shall not apply to the metropolitan district. Sections twenty-eight to sectiOTs'." 

3 fifty-one, inclusive, shall apply only to the said district. 1920] 436, 1 1^' 



investigation of fires. 

1 Section 3. The marshal in Boston, the board of fire engineers in Duties of 

2 cities and in towns in which such a board is established, whether the or- officlafs. 

3 ganized fire district includes within its limits the whole territory of the \lll[ 4ft; | f 

4 town or not, and the selectmen in towns in which no fire district is }|g|' |q|' ^ ^■ 

5 organized and no board of fire engineers is established, shall investigate ?n„o'?42^^' 

6 the cause and circumstances of every fire in such city or town by which §§ T.'f 

7 property has been destroyed or damaged, especially to ascertain whether 1904! 4.33! 1 1. 

8 it was caused by carelessness or design. They shall begin such investi- If^^ou^iV. 

9 gations within two daj-s, excluding Sunday, after such fire, and the marshal '^'^ ^°'^^' ^'^^' 

10 may, in his discretion, supervise and direct the same. The board making 

11 investigations of fires may notify the said marshal, and shall within one 

12 week after the fire file with him a written statement of all the facts relative 

13 to the cause and origin of the fire, tlie kind, value and ownership of the 

14 property destroyed, and such information as he may require. He shall 

15 keep in his office a record of all fires occurring in the commonwealth, with 

16 the results of said investigation. Such record shall be open to public 



1538 



FIRE PREVENTION. 



[Chap. 148. 



Duties of 

marshal. 

18S6. 354, § 

1894, 444, 

«3,4. 

R. L. 32, § : 

1902, 142, 
§§ 1.2. 

1903, 365, 5 

1904, 433, § 
1919, 350, 

§ 101. 

2 0p. A.G. 



inspection, and copies of such portions as the commissioner of insurance 17 
requires shall be forwarded to him before January fifteenth. 18 

Section 4. The marshal shall investigate or cause to be investigated 1 
the cause and circumstances of all fires of which he has notice, as provided 2 
in the preceding section, by which property has been damaged or de- 3 
stroyed, especially to ascertain whether the fire was caused by carelessness 4 
or design. For these purposes the marshal or some person designated 5 
by the commissioner may summon and examine on oath any person sup- 6 
posed to know or have means of knowing any material facts toucliing 7 
the subject of investigation. Such witnesses may be kept apart and 8 
examined separately, and such examination shall be reduced to writing, 9 
and false swearing therein shall be deemed perjury and be punishable as 10 
such. Any justice of the municipal court of the city of Boston or of the 1 1 
superior court, upon application of the marshal or some person designated 12 
by the commissioner, may compel the attendance of such witnesses and 13 
the giving of such testimony before him in the same manner and to the 14 
same extent as before said court. If upon such investigation he believes 15 
that the evidence is sufficient to charge any person with crime in causing 16 
the fire, he shall make a complaint therefor, and shall furnish the proper 17 
officers with the e\adence and names of witnesses obtained by him. He 18 
shall, when required, report to the commissioner of insurance his pro- 19 
ceedings and the progress in prosecutions for causing fires and the results 20 
thereof. 21 



Powers of 
inspectors. 
1894, 444, § 4. 
R. L. 32. § 4. 
1902, 142, 
§1 1.2. 
1903, 365, § 1. 
1905, 433, § 1. 
1919, 350, 
§ 104. 

Removal of 
combustible 
materials. 
1894, 444, § 5. 
R. L. 32, § 6. 

1902, 142, 
§§ 1.2. 

1903, 365, § 1. 

1904, 433, I 1. 

1919, 350, 
§ 104. 

1920, 436. 
lOp. A. G. 211 



Section 5. Any inspector may, in the performance of the duties 1 

imposed by this chapter, at reasonable hours enter upon and examine any 2 

building or premises where any fire has occurred, or other buildings or 3 

premises adjoining or near the same, with the consent of the occupant 4 

thereof. 5 

Section 6. In cities and towns which accept this section or have 1 
accepted corresponding provisions of earlier laws, the marshal, or any 2 
person designated by liim, the cliiefs of fire departments in cities, and 3 
the chief engineer, or the chairman of the board of selectmen in towns 4 
having no engineer, may, and upon complaint of a person having an in- 5 
terest in any building or premises or property adjacent thereto, shall, 6 
at all reasonable hoius, enter into buildings and upon premises Mitliin 7 
their jurisdiction and make an investigation as to the existence of con- 8 
ditions likely to cause fire. They shall in M-riting order such conditions, 9 
if existing, to be remedied, and whenever such officers or persons find in 10 
any building or upon any premises any accumulation of combustible 11 
rubbish, including waste paper, rags, cardboard, string, packing material, 12 
sawdust, shavings, sticks, waste leather or rubber, broken boxes or bar- 13 
rels or other refuse that is or may become dangerous as a fire menace to 14 
such buildings or premises, they shall in \ATiting order the same to be 15 
removed or such conditions to be remedied. The owner or occupant of 16 
any such building or premises may, witliin twenty-four hours after notice 17 
of such an order from any person other than the marshal, apply to the 18 
marshal, by whom the matter shall forthwith be investigated. Unless he 19 
revokes the order, it shall remain in force and be at once obeyed by said 20 
owner or occupant, who, if he refuses or neglects to comply therewith, 21 
shall be punished by a fine of not less than ten nor more than fifty dol- 22 
lars for each day during which such neglect or refusal continues. 23 



Chap. 148.] fire pre\'ention. 1539 

1 Section 7. Any city or town officer named in section three who Penalty. 

2 neglects or refuses to comply with any requirement of the preceding ism! 444! § 6. 

3 sections shall be punished by a fine of not less than twenty-five nor more ^' ^' ^"' ^ ®' 

4 than two hundred dollars. 

1 Section 8. The marshal shall submit annually, before February fif- f^^"^*-"^ 

2 teenth, a detailed report of all official action in relation to fires to the JUf'H^'^"- 

3 commissioner of insurance, who shall embody the material portions thereof §§s.'9. 

4 in his annual report. R. L.32. § s. 1902, 142, §§ 1, 2. 

1903, 365, § 1. 1904, 433, § 1, 1919. 350, § 101. 



1 Section 9. The marshal may report to insurance companies, to Report to 

2 owners of property, or to other persons interested in the subject matter pTniS^e'tc™™ 

3 of an investigation of the cause and circumstances of a fire any informa- i9io,328, § i. 

4 tion obtained by such investigation which may in his opinion require 

5 attention from or by such insurance companies, owners of propertj' or 

6 other persons. 

explosives. 

1 Section 10. The department may make rules and regulations for the Rules for 

2 keeping, storage, use, manufacture, sale, handlirjg, transportation or isTiTeiyb. 

3 other disposition of gunpowder, dynamite, crude petroleum or any of §§"'1/^' 

4 its products, or explosive or inflammable fluids or compounds, tablets, p%*'fo2, 

5 torpedoes or any explosives of a like nature, or any other explosives, and |§ f^'jof ^^' 

6 may prescribe the materials and construction of buildings to be used §§ s^. ss,' 94. 

7 for any of the said purposes, except that cities and towns may by ordi- 1964. 370, 

8 nances or by-laws prohibit the sale or use of fireworks or firecrackers 1905, 2so, § 1. 

9 within the city or town, or may limit the time within which firecrackers iliO'li^^^sss, 
10 and torpedoes may be used. 

107 Mass. 188. 189 Mass. 377. Penalty, 5 IG. 

155 Mass. 531. 217 Mass. 1S5. 

1 Section 11. The marshal shall submit to the commissioner rules and ^"'"".^ ?"<* 

, . , . . „ . , , . . regulations. 

2 regulations to carrj' out the provisions of sections ten and thirty-nine, 1919.350. 

3 which shall take efi'ect subject to section thirty-seven of chapter tliirty 

4 when approved by the commissioner and by the governor and council, 

5 and on such dates as they may fix. 

1 Section 12. The marshal may expend the amount annually appro- Appropriation 

2 priated for maintaining a laboratory for the division and the employ- assistance 

3 ment of expert assistance to aid in the enforcement of the laws relative fablratory. 

4 to explosives and inflammable fluids and compounds. 

1914,421,5 1. 1915,220. 1916, 65, § 1. 1918, 275, § 4. 

1 Section 13. No building shall be used for the manufacture of fire- Manufacture 

2 works or firecrackers without a license from the aldermen or selectmen and'fire^?'^ "^ 

3 and a permit from the marshal. i9io, 565, § 2. Penalty, § le. crackers. 

1 Section 14. No building or other structure shall, except as pro\'ided License for 

SLonnti etc 

2 in section thirteen or fifteen, be used for the keeping, storage, manu- explosives. 

. . . 1866 285 § 2 

3 facture or sale of any of the articles named in section ten unless the iseg! 152] § e! 

4 aldermen or selectmen shall have granted a license therefor for one year rIi,; io2!§ii4'. 

5 from the date thereof, after a public hearing, fourteen days' public notice \IqI\ Isq; | ?; 
G of which shall have been given at the expense of the applicant, and unless \l°^'_ IS5; | }; 



1540 



FIRE PREVENTION. 



[CiLVP. 148. 



1913,452, § 1. 
1916, 162. 
168 Mass. 388. 
185 Mass. 64. 
190 Mass. 280. 
217 Mass. 185. 

3 Op. A. G. 52. 

4 Op. A. G. 405, 
426. 

Op. A. G. (1920) 
134, 148. 

Penalty, § 16. 



a permit shall have been jjranted therefor by the marshal or by some of- 7 
ficial designated by liim for that purpose; provided, that any building or 8 
other structure once used under a license and permit granted as afore- 9 
said, or any building or other structure lawfully used for any of said piu-- 10 
poses, may be continued in such use from year to year if the owner or 11 
occupant thereof shall annually, while such use continues, file for regis- 12 
tration with the clerk of the city or town where such building or other 13 
structure is situated, and with the marshal or the official designated 14 
by him to grant permits in such city or town, a certificate reciting such 15 
use and occupancy. The department may by regulation prescribe the 16 
amount of explosives, crude petroleum or any of its products, or of any 17 
other inflammable fluid or compound that may be kept for private use 18 
in a building or other structure without a license, permit or registration, 19 
or any of them. 20 

The right to use a building or other structure for any of said purposes 21 
may be revoked for cause, after notice and a hearing given to such owner 22 
or occupant, by the aldermen or selectmen having authority to grant 23 
licenses for such use, or by the marshal. A fee of one dollar may be 24 
charged for the license and a like sum for the permit herein provided 2.5 
for, and one half of said sum for the registration of the said certificate. 26 
Such building or structure shall always be subject to such alterations 27 
in construction and to such regulations of its use in respect to protection 28 
against fire or explosion as the department may prescribe. 29 



Inflammable 
fluids in 
motor vehicles. 
1911,477, § I. 
4 Op. A. G. 397. 



Section 15. Gasoline or any other volatile inflammable fluid which 
emits a ^'apor at a temperature below one hundred degrees Fahrenheit 
when tested in the open air shall, when in any motor vehicle which is in 
a building or other structure, be deemed to be kept in such building or 
other structure within the meaning of the preceding section; provided, 
that this section shall not apply to any building in existence on July 
first, nineteen hundred and eleven, in which not more than two auto- 
mobiles or motor vehicles are kept, if such building or part thereof is 
not used either for human habitation or for holding gatherings of more 
than twenty persons, or for giving entertainments, instruction or employ- 
ment to more than that number. 



1 
2 

3 
4 
5 
6 



9 
10 
11 



Penalty. 

1904, 370, § 4. 

1905, 2,80, § 3. 
1910, 565, 

§S 2. 5. 



Section 16. Whoever keeps, stores, uses, manufactures, sells, handles 
or otherwise disposes of any of the articles mentioned in section ten, in 
violation of section thirteen or fourteen or of any regulation, ordinance 
or by-law made under section ten, or whoever violates any regulation 
made imder section fourteen, shall, except as provided in section seven- 
teen, be punished by a fine of not more than one hundred dollars or by 
imprisonment for not more than one month, or both. 



Penalty. 
1871,6", § 4. 
1877,216, § 6. 
P. S. 102, § 64. 
R. L. 102. 
§ 101. 
1910, 588, 
§11.4. 



Section 17. Whoever knowingly violates or knowingly causes or per- 1 

mits the violation of any regulation atlopted and prescribed for the trans- 2 

portation of gunpowder and other explosives or explosive or inflammable 3 

fluids or compounds shall be punished by a fine of not more than one 4 

thousand dollars or by imprisonment for not more than one j'ear, or both. 5 



Powers of 
courts. 

1S94, 399, § 5. 
R. L. 102, 
§ 117. 



Section 18. The supreme judicial or superior court may restrain 1 
the erection, occupation or use of a building in violation of section four- 2 
teen, or of any regulation made thereunder. 3 



Chap. 148.] FraE prevention. 1541 

1 Section 19. The marshal may designate some officer of any city or officials 

2 town who, when so designated, may grant, in accordance with rules and ufarfhai to ^ 

3 regulations estabhslied by the department, the permits required by sec- fgo"' Iso" §"1; 

4 tions thirteen and fourteen or by the regulations made under section four- 5m°'§^4^' ^ "' 

5 teen. Such officer shall grant such permits and keep a record of them. 

6 A fee of fifty cents may be charged for any permit except as provided in 

7 section fourteen. The marshal may revoke any permit under section 

8 thirteen, and such a permit may be revoked for cause by any officer who 

9 granted it. 

1 Section 20. The mayor of a city, the selectmen of a town of more inspectors of 

2 than fifteen hundred inliabitants, and, upon the wTitten application of i86o°262l' 

3 five or more citizens of a town of less than fifteen hundred inhabitants, fleV.lse, 

4 the selectmen thereof, shall annually appoint one or more inspectors of 11,4', ^'52, § 1. 

5 petroleum, who, before entering upon their official duties, shall be sworn, P- |- ^^^^^ ''■ 

6 and who shall not be interested in the sale of crude petroleum or in the |g'°^ ■,„. 

7 sale or manufacture of petroleum or earth rock oil or any of their products, iis Mass'. 548. 

8 Their compensation shall be fixed in cities by the aldermen and in towns 

9 by the selectmen and shall be paid by persons who require their services. 

1 Section 21. No person shall sell or keep for sale, at wholesale or retail, °ap eXa*'"' 

2 for illuminating purposes, any kerosene, refined petroleum or any product j||;J' ^p. § s. 

3 of petroleum, unless it has been inspected and approved by any inspector § n;' 345, § 2. 

4 authorized in the commonwealth. p. s. s9, § 7. 18S2, 250. 

1885. 122. §1. R. L. 102, § 110. 1911,204.5 2. Penalty, § 23. 

1 Section 22. Cities and towns may adopt ordinances, by-laws and ^/J^'^as^tr' 

2 regulations, consistent with law, relative to the inspection of the oils jJ^^P^g''"" 

3 named in the preceding section which have not been inspected and 1882,250. 

4 approved by an inspector. 1885,122,51. r. l.io2,§iii. 1911,204,53. 

1 Section 23. \Vhoe\-er violates section twenty-one or any provision of f8"6'*2ii2 « 3 

2 an ordinance, by-law or regulation adopted under section twenty-two, J?'f'j\^-' 

3 or, being an inspector appointed under section twenty, is guilty of fraud, 345,'§ 2.' 

4 deceit or culpable negligence in the performance of his duties, shall be 1882, 250. 

5 punished by a fine of not more than one hundred dollars or by imprison- r. l! 102,' 

6 ment for not more than one month, or both. ^ ^^^' 

1 Section 24. Before the issue of a permit to use an explosive in the Blasting bond. 

2 blasting of rock or any other sub.stance as prescribed by the department, 1914', ils! 1 1. 

3 the applicant for the permit shall file with the clerk of the citj' or town 

4 where the blasting is to be done a bond running to the city or town, with 

5 sureties appro\'ed by the treasurer thereof, for such penal sum, not exceed- 

6 ing ten thousand dollars, as the marshal or the officer granting the permit 

7 shall determine to be necessary in order to cover the risk of damage that 
S might ensue from the blasting; pro\-idcd, that the marshal or the officer 
9 granting the permit may determine that a single and blanket bond in 

10 a penal sum not exceeding fifteen thousand dollars is sufficient to cover 

1 1 tiie risk of damage from all bla.sting operations of the applicant, either 

12 under the permit so issued or under future permits to use explosives in 
lo blasting operations. The bond shall be conditioned upon the payment 

14 of any loss, damage or injury resulting to persons or property by reason 

15 of the use or keeping of said ex-plosive. 



1542 



FIRE PREVENTION. 



[Chap. 148. 



Action on 

bond. 

1911, 325, I 2. 



Section 25. Action on a bond filed under the preceding section may 1 

be brought by any persons to whom loss, damage or injury has resulted 2 

by reason of the use or keeping of said explosive, and shall be brought in 3 

the names of and for the use and at the cost and expense of such persons; 4 

but in no event shall action be brought on the bond for personal injury 5 

of an employee of the person receiving the permit. If claims on any bond 6 

are established to an amount greater than the penal sum thereof, such 7 

claims shall be paid pro rata to the amount of the penal sum, and execu- 8 

tions shall issue accordingly. 9 



Power of 




courts. 




1899, 


242. 




R. L. 


102, 


§95. 


1904, 


370, 


§ 1. 


1905, 


280, 


§ 1. 


1914, 


795, 


§3. 


1916, 


138. 




Damages for 


illegal use, 




etc., 1 


of ex- 




plosives. 




1877, 


210. 


§ 10. 


P. S. 


102, 


§ 06. 


R. L. 


102, 




5 103 






1904, 


370, 


§ 1. 



Section 26. The superior court shall have jurisdiction in equity, 
upon the petition of the commonwealth or of a city or town, to enforce 
the laws of the commonwealth and the regulations of the department 
relative to the blasting of rock, stone or other substance with any 
explosive. 

Section 27. Whoe^•e^ suffers injury by the explosion of an explosive 
which is being kept or transported contrary to the provisions of this 
chapter or of the regulations of the department may recover damages 
therefor in tort against the persons who so violate said provisions or 
regulations. 

1905, 280, § 1. 1914, 795, § 3. 1910, 138. 189 Mass. 377. 



District. 
1914, 795, 
§§ 1, 26. 
4 Op. A. G. 32 



METROPOLITAN FIRE PREVENTION DISTRICT. 

Section 28. The metropolitan district shall include the following 1 
cities and towns and the territory comprised in them, to wit: Arlington, 2 
Belmont, Boston, Brookline, Cambridge, Chelsea, Everett, Lynn, 3 
Maiden, Medford, IMelrose, INIilton, Newton, Quincy, Revere, Saugus, 4 
Somerville, Waltham, Watertown, Winchester, Winthrop and Woburn, 5 
and all other cities and towns Mhich accept sections twenty-eight to 6 
fifty-one, inclusive, or ha\'e accepted corresponding provisions of earlier 7 
laws by a two thirds vote of the city council or by the town at a town 8 
meeting. The words "heads of fire departments", as used in sec- 9 
tions thirty-one to fifty-one, inclusive, shall mean the fire commis- 10 
sioner or board of fire commissioners in those cities in the metropolitan 1 1 
district that have such an officer or officers, the commissioner of public 12 
safety in Cambridge, the chief executive officer of the fire department 13 
of each of the other cities and towns within the metropolitan district, 14 
and the chief executive officer of the fire department of any fire district 15 
in any one or more of said cities or towns. AH the provisions of sections 16 
twenty-eight to fifty-one, inclusive, shall apply to such fire districts. 17 



Apportionment 
of salaries and 
expenses. 
1914, 795, § 25. 
1920, 111. 



Section 29. Such portion of tlie salaries of the marshal and of all 
persons appointed or employed under him, of the rent and office expenses, 
and other proper expenses and charges incurred by him in the discharge 
of his duties as are properly charged against the metropolitan district 
shall be apportioned annually by the state treasurer among the cities 
and towns in the metropolitan district, one half in proportion to their 
last annual taxable valuation and one half in proportion to the popula- 
tion as determined by the next preceding federal or state census. The 
amount so apportioned shall be added to their proportion of the state 
tax. 



1 
2 
3 

4 
5 

6 
7 
8 
9 
10 



ClL-VP. 148.] FIKE PREVENTION. 1543 

1 Section 30. The marshal shall have within the metropolitan dis- Powers of 

2 trict the powers given by sections ten, thirteen, fourteen, twenty, twenty- ist?, tie, § ii. 

3 one and twenty-two to license persons or premises, or to grant permits r.l.\o2,^ ^^' 

4 for, or to inspect or regulate, the keeping, storage, use, manufacture, sale, ig\^ 795 

5 handling, transportation or other disposition of gunpowder, dynamite, f^ig^j3s 

6 nitroglycerine, camphine or any similar fluids or compounds, crude pe- isisi sp. 101, 

7 troleum or any of its products, or any explosive or inflammable fluids op' a. g. 

8 or compounds, tablets, torpedoes, rockets, toy pistols, fireworks, fire- op.^'.tf.' 

9 crackers, or any other explosives, and the use of engines and furnaces *^®^°' ^°"' 

10 as described in section one himdred and fifteen of chapter one hundred 

11 and forty; provided, that the city council of a city or the selectmen 

12 of a town may disapprove the granting of such a license or permit, and 

13 upon such disapproval the permit or license shall be refused. In Boston 

14 certificates of renewal of licenses as provided in section fourteen shall 

15 be filed annually for registration with the fire commissioner, accom- 

16 panied by a fee of one dollar. 

1 Section 31. The marshal may delegate the granting and issuing of ^^'^'^^^'j."" 

2 any licenses or permits authorized by sections thirty to fifty-one, inclusive, isi*. 795,' § 4. 

3 or the carrying out of any lawful rule, order or regulation of the depart- (1920)' 302. 

4 ment, or any inspection reciuired under said sections, to the head of the 

5 fire department or to any other designated officer in any city or town in 

6 the metropolitan district. 

1 Section 32. No paint, oil, benzine, naphtha or other inflammable Paint or in- 

2 fluid shall be kept or stored in bulk or barrel otherwise than in the tank a^T.^ " 

3 of an automobile, motor boat or stationary engine, in total quantity 1 op! a' G.^397. 

4 exceeding ten gallons, in any part of an_y building used for habitation, or p^^^], « 51 

5 \\'ithin fifty feet of any building used for dwelling purposes, unless such 

6 paint, oil or other inflammable fluid is enclosed within a fireproof room 

7 or structure, constructed and arranged to the satisfaction of the marshal; 

8 and no paint, oil, benzine, naphtha or other inflammable fluid, except 

9 for domestic purposes, shall be kept, used, stored or sold in any part 

10 of any building used for habitation unless a permit therefor has first 

11 been obtained from the marshal under such terms and conditions as he 

12 may prescribe. 

1 Section 33. No part of any building used for habitation, nor that Combustible 

2 part of any lot within fifty feet of any building so used, shall be used for i9u, 795', § 7. 

3 the storage, keeping or handling of any combustible article for other than Penalty, § 51. 

4 domestic purposes, or of any article or material that may be dangerous 

5 to the public safety as a fire menace, unless a permit has first been ob- 

6 tained therefor from the marshal. No part of any such building shall 

7 be used as a carpenter's shop, nor for the storage, keeping or handling 

8 of feed, hay, straw, excelsior, shavings, sawdust, cotton, paper stock, 

9 feathers or rags, except under such terms and conditions as the marshal 
10 may prescribe. 

1 Section 34. The marshal or such person as he may designate may Removal of 

2 require the removal and destruction of any heap or collection of refuse or refuse!^ ' 

3 debris that in his opinion may become dangerous as a fire menace. ^^"' '^^' ^' 

4 Neglect on the part of either the owner or occupant, or both, to remove Po^^'ty' 5 si. 

5 the cause of complaint under this or the preceding section, after notice 



1544 



FIRE PREVENTION. 



[Chap. 148. 



thereof has been served, shall be deemed a refusal; and the marshal or 6 
the person whom he may designate may enter upon the premises and 7 
remove such material or article and the containers thereof as may be 8 
covered by or mentioned in the notice issued. The material or articles 9 
removed, if of no substantial value, shall be destroyed; otherwise they 10 
shall be placed in storage, and the total costs attending such action shall 1 1 
be paid by the owner or occupant. 12 



Use of 

salamanders. 
1914, 795, § 9. 

Penalty, § 51. 



Section 35. No salamander or stove for drying plaster shall be used 1 

in any building except under such conditions as may be prescribed by the 2 

marshal; and no such salamander or stove shall be set upon a wooden 3 

floor unless it is raised above the floor at least four inches and set upon 4 

brick or other incombustible material in a bed of sand at least two inches 5 

thick, spread upon the floor and covering an area of at least two feet in 6 

all directions larger than the area of the salamander or stove. 7 



Penalty, § 51. 



fprinkiere" SECTION 36. Any building used in whole or in part for the business 1 

Iod'a^gVs^' °^ woodworking, or for the business of manufacturing or working upon 2 
wooden, basket, rattan or cane goods or articles, or tow, shavings, excel- 3 
sior, oakum, rope, twine, string, thread, bagging, paper, paper stock, 4 
cardboard, rags, cotton or linen, or cotton or linen garments or goods, 5 
or rubber, feathers, paint, grease, soap, oil, varnish, petroleum, gasoline, 6 
kerosene, benzine, naphtha or other inflammable fluids, and any build- 7 
ing used in whole or in part for the business of keeping or storing any such 8 
goods or articles, except in such small quantities as are usual for domestic 9 
use or for use in connection with and as incident to some business other 10 
than such keeping or storing, shall, upon the order of the marshal, be 11 
equipped with automatic sprinklers; provided, that no such order shall 12 
apply to any building unless four or more persons live or are usually 13 
employed therein above the second floor. 14 



P^^P'Pf^'"' Section 37. The basements of any buildings shall, upon written no- 1 

1914, 795, § 11. tice by the marshal to the owners of the buildings, be equipped with 2 
Penalty, 1 51. such dry pipes with outside connections as he may prescribe. 3 



Penalty. 
1914, 795, 



Section 38. Owners of buildings who, within six months after having 1 

received wTitten notice from the marshal under section thirty-six or 2 

thirty-seven, fail to comply with the requirement of such notice shall be 3 

punished by a fine of not more than one thousand dollars. 4 



Rules as to 
fires and tire 
protection. 
1914, 795, § 1.3. 
4 Op. A. G. 5S0. 
Op. A. G. 
(1920) 124. 



Section 39. In addition to the powers given by sections thirty to 1 
thirty-eight, inclusive, the marshal may make orders and rules relating 2 
to fires, fire protection and fire hazard binding throughout the metropoli- 3 
tan district, or part thereof, or binding upon any person or class of persons 4 
within said district, limited, however, to the following subjects: 5 

A. Requiring the keeping of portable fire extinguishers, buckets of 6 
water or other portable fire extinguishing devices on any premises by the 7 
occupant thereof, and prescribing the number and situation of such 8 
devices. 9 

B. Prohibiting or regulating the accumulation and requiring the 10 
removal of combustible rubbish, including waste paper, cardboard, 11 
string, packing material, sawdust, shavings, sticks, rags, waste leather 12 



Chap. 148.] fire prevention. 1545 

13 and rubber, boxes, barrels, broken furniture and other similar light or 

14 combustible refuse. 

15 C. Prohibiting or regulating the setting or burning of fires out of 

16 doors. 

17 D. Causing obstacles that may interfere with the means of exit to be 

18 removed from floors, halls, stairways and fire escapes. 

19 E. Ordering the remedying of any condition found to exist in or about 

20 any building or other premises or any ship or vessel in violation of any 

21 law, ordinance, by-law, rule or order in respect to fires and the prevention 

22 of fire. 

23 F. Causing any vessel moored to or anchored near any dock or pier 

24 to be removed and secured in some designated place, if such vessel is on 

25 fire or in danger of catching fire, or is by reason of its condition or the 

26 nature of its cargo a menace to shipping or other property. 

27 G. Requiring and regulating fire drills in theatres, public places of 

28 amusement and public and private schools. 

29 H. Requiring the cleaning of chimney flues and vent pipes. 

30 I. Requiring proper safeguards to be placed and maintained about 

31 or over roof skylights. 

32 J. Prohibiting or regulating smoking in factories, workshops and 

33 mercantile establishments. 

34 K. Requiring that all signs and advertising devices erected on build- 

35 ings shall be approved by said marshal. 

36 L. Causing to be made public all violations of fire prevention laws by 

37 posting placards on buildings or premises, and by publishing in the daily 

38 newspapers the names of the owners and specifying the buildings in 

39 which the violation occurs. 

40 M. Defining the classes of buildings to be equipped with sprinkler 

41 protection as provided by section thirty-six. 

1 Section 40. The marshal may provide that any rule shall apply Rules. appU- 

2 generally throughout the metropolitan district or to any specified part Hea'ring, 

3 thereof or to any class or description of premises. No such rules shall °°"'='=- 

4 be established until after a public hearing, of which notice shall have 

5 been given by publication for at least two successive weeks in at least two 

6 daily newspapers published in Boston and in two newspapers published 

7 in the metropolitan district outside of Boston. 



1 Section 41. If buildings or other premises are owned by one person Orders to 

2 and occupied by another under lease or otherwise, the orders of the owne'r^"*""^ 

3 marshal shall apply to the occupant alone, except where the rules or 4 op. a^ G.V72. 

4 orders require the making of additions to or changes in the premises 

5 themselves, such as would immediately become real estate and be the 

6 property of the owner of the premises. In such cases the rules or orders 

7 shall aft'ect the owner and not the occupant; and unless it is otherwise 

8 agreed between the owner and the occupant, the occupant whose use of 

9 the premises has caused the making of such additions or changes, in 

10 addition to his rent or other payments, shall, after the additions or 

11 changes are made, pay a reasonable per cent of the cost thereof annually 

12 to the owner of the premises. No rule or order shall be made or en- 

13 forced which requires an expenditure by the owner or occupant of more 

14 than five per cent of the last annual assessed valuation of the land and 

15 buildings to which such rule or order relates. 



1546 



FIRE PREVENTION. 



[Chap. 148. 



Investigation 
and report by 
heads of fire 
departments. 
1914, 795, § 15. 



Penaltv. 
1914, 795, § 16. 



Entering 
buildings. 
1914, 795, § 17 



Appeals. 
1914. 795, § 18. 
Op. A. G. 
(1920) 45, 
134, 302. 



Section 42. The marshal may require and order the heads of fire 
departments to investigate, observe and report to him all matters re- 
lating to fire hazard and fire prevention that he may designate, especially 
all violations occurring within their respective cities or towns of laws, 
or of ordinances, by-laws, rules or orders made by the various cities and 
towns, or by the marshal, relating to fires, fire hazard and fire protection. 



Section 43. If any city or town, or any head of a fire department, or 
any officer, servant or agent of the commonwealth or of any city or town 
refuses or unreasonably neglects to obey any lawful rule, order or regu- 
lation of the marshal, such city or town, upon information presented by 
him, shall be liable to a fine of not more than one thousand dollars, and 
such head of a fire department or other person shall be punished by a 
fine of not more than fifty dollars, and tlie rule or order may, upon ap- 
plication of the marshal, be enforced by the supreme judicial or superior 8 
court by 'UTit of mandamus or otherwise. Violation or unreasonable 9 
neglect of such rules or orders by any person other than as aforesaid 10 
shall be punished by a fine of not more than ten dollars for each day 11 
during which such violation continues after notice to the person violating 12 
such rule or order. Such notice may be gi^-en by personal service or by 1.3 
posting the same in a conspicuous place on the premises affected thereby. 14 

Section 44. The marshal or any person designated by him may 1 

enter at any reasonable hour any building or other premises or any ship 2 

or vessel to make inspection, or to enforce any law, ordinance or by- 3 

law or any rule or order of the marshal, without being guilty of trespass; 4 

provided, that there is reason to suspect the existence of circumstances 5 

dangerous to the public safety as a fire menace. 6 

Section 45. The marshal shall hear and determine all appeals from 1 

the acts and decisions of the heads of fire departments and other per- 2 

sons acting or purporting to act under his authority, done or made or 3 

purporting to be done or made under the provisions of sections thirty 4 

to fifty-one, inclusive, and shall make all necessary and proper orders 5 

thereon. Any person aggrieved by any such action of the head of a fire 6 

department or other person may appeal to the marshal. 7 



Investigation 

of fires. 

1914, 795, § 19. 



Section 46. Heads of fire departments within the metropolitan dis- 1 
trict shall investigate or cause to be investigated the cause, origin and 2 
circumstances of every fire occurring in their respective cities, towns or 3 
fire districts by which property has been destroyed or damaged, and, so 4 
far as possible, determine whether the fire was the result of carelessness 5 
or design. Such investigation shall be begun immediately upon the occur- 6 
rence of the fire by the head of the department in whose territory the fire 7 
occurred, or by some person designated by him; and if after making such 8 
investigation it appears to the head of the department that the fire is of 9 
suspicious origin, he shall immediately notify the marshal of the fact. 10 
Every fire occurring in the metropolitan district shall be reported in 11 
writing to the marshal within three days after the occurrence of the same 12 
by the officer in whose jurisdiction the fire occurred. Such report shall 13 
be in the form prescribed by the marshal and shall contain a statement 14 
of all facts relating to the cause and origin of the fire that can be ascer- 15 
tained, the extent of damage thereof, the insurance upon the property 16 
damaged, and such other information as may be required. 17 



Chap. 148.] fire prevention. 1547 



1 Section 47. The marshal may require every fire insurance company Reports by 

2 authorized to transact business in the metropolitan district to report to compan'ies. 

3 him, through the secretary or some other officer of the company designated ^®^^' ^®*' ^ '"' 

4 by the board of directors, all fire losses on property insured in such com- 

5 pany, giving the date and location of the fire. Such report shall be mailed 

6 to the marshal within three days after loss on each fire, and the char- 

7 acter of property destroyed or damaged and the supposed cause of the 

8 fire shall be reported within ten days after adjustment is made. 

1 Section 48. The marshal shall keep in his office a record of all fires Record of 

2 occurring in the metropolitan district and of all the facts concerning iqu_ 795, 5 21. 

3 the same, including statistics as to the extent of such fires and the damage 

4 caused thereby and whether such losses were covered by insurance, and, 

5 if so, in what amount. The record shall be made daily from the reports 

6 made by the heads of fire departments and shall be public. 

1 Section 49. The marshal shall study fire hazard and fire prevention study of 

2 and all matters relating thereto, hear suggestions and complaints from "re'p^evenUon. 

3 all persons and from all cities and towns in the metropolitan district, ^^^*' '^^' ^ ^*' 

4 ad\ise \\dth the officers of such cities and towns, and make suggestions 

5 to the general court and to the cities and towns looking to the improve- 

6 ment of the laws, ordinances and by-laws relating to fire departments, 

7 construction of buildings, building or fire limits, use and occupation of 

8 buildings and other premises, protection of existing buildings, fire escapes 

9 and other life saving devices, segregation and licensing of trades dangerous 

10 by reason of fire hazard, and all other matters relating to fire preven- 

11 tion and fire hazard. 

1 Section 50. The commissioner shall make an annual report of the Report of 

2 acts of the division under sections thirty-one to fifty-one, inclusive, with i9i4°'795°T23. 

3 such statistics as he may desire, and may recommend any legislation flf^^^^' 

4 which he may deem desirable. 1919, 5. 1920, 2. 

1 Section 51. Except as otherwise provided, any person violating any Penalty. 

2 provision of sections thirty to fifty, inclusive, shall be liable to a fine of ^®^*' ^^^' ^ '^' 

3 fifty dollars, or, in case of a continuing offence after notice of such \'iola- 

4 tion, to a fine of not more than ten dollars for every day during which the 

5 violation continues. 

GENERAL PROVISIONS. 

1 Section 52. No person, unless authorized by a license or permit duly Possession of 

2 issued as required by this chapter, shall have in his possession or under his expi'oslve""* 

3 control any bombs or explosives. Jfi^; ^la. 

4 Whoever violates any provision of this section shall be punished by p^^"']oo 

5 a fine of not more than three hundred dollars or by imprisonment for |§ ^^"J"'\, 

6 not more than one year, or both, and any bomb or explosive owned by §§90-98"' 

7 him or found in his possession or under his control shall be forfeited to isos! 280! 

8 the commonwealth. Any officer qualified to serve criminal process may igillsls.' 

9 arrest without a warrant any person violating this section. ^^ ^' ^■ 

1 Section 53. Notice of the seizure of any bomb or explosive owned f^°fi"°' 

2 bj' or found in the possession or under the control of any person violating i^i^, 323, § 2, 

3 the preceding section shall be sent to the marshal by the officer making 

4 the seizure immediately after the guilt of such person is established 



1548 



FIRE PREVENTION. 



[Chap. 148. 



by a final adjudication in any prosecution brought against him for the 5 

said violation, and thereupon the bomb or explosi\'e so seized shall be 6 

delivered to the marshal and destroyed or sold at his discretion, and lie 7 

shall pay any proceeds to the commomvealth. 8 



Tanks for 
storage of 
fluid. 
1919. 303, 
§§ 1, 3. 



Section 54. No person shall construct, maintain or use any tank or 1 

container of more than ten thousand gallons capacity, imless constructed 2 

principally of wood, for the storage of any fluid other than water, unless 3 

the same is underground, without first securing a permit therefor from 4 

the marshal. Whoever ^■iolates this section or a rule or regulation made 5 

under the following section shall be punished by a fine of not less than 6 

fiftv nor more than one thousand dollars. 7 



Rules and 
regulations. 
1919, 303. § 2. 



Explosive 
golf balls. 
1913. 722. 
S§1,2. 



Section 55. The department shall make rules and regulations govern- 1 

ing the construction, use and maintenance of tanks to which the pre- 2 

ceding section applies. Such rules and regulations shall not take effect 3 

until approved by the governor and council, and filed in the office of the 4 

state secretary. 5 

Section 56. Whoever manufactures or sells or knowingly uses, or 1 

has in possession for the purpose of sale, any golf ball containing any 2 

acid, fluid, gas or other substance tending to cause the ball to explode 3 

and to inflict bodily injury shall for the first offence be punished by a fine 4 

of not more than five hundre<^l dollars, and for any subsequent offence by 5 

a fine of not more than one thousand dollars or by imprisonment for not 6 

more than one year, or both. 7 



Blank 

cartridges, toy 
pistols, fire- 
works, etc. 
1805, 55. 
1823, 149, § 2. 
1826, 3, § 1. 
1828, 62, § 1. 
R. S. 58. 
§§5-7. 
1847, 51. 
G. S. 88, 
§§46-48. 
1877. 216, 
§§ 1-3. 
P. S. 102, 
§§ 54-56, 
59-61. 
18S2, 272. 
R. L. 102, 
§§ 87-89, 91, 
96-98. 

1904, 370. 

1905. 280. 
1910,565. § 1. 
1913. 4.52. 
Op. A. G. 
(1917) 66. 

Penalty, § 59. 



Section 57. No person shall sell or keep for sale any blank cartridge, 1 
toy pistol, toy gun or toy cannon that can be used to fire a blank cart- 2 
ridge; or sell or keep for sale, or fire, explode or cause to explode any 3 
blank cartridge or bomb, or sell or keep for sale, or set oft", ex-plode or 4 
cause to explode any fireworks containing any picric acid or picrates, 5 
or any firecracker exceeding two inches in length and three eighths of an 6 
inch in diameter or of a greater explosi\e power than a firecracker of such 7 
size containing black gunpowder only; provided, that this section shall 8 
not apply to illuminating fireworks set otT between the hours of seven 9 
o'clock in the afternoon and twelve o'clock midnight, excepting "those 10 
containing picric acid or picrates, or to the .sale of any article herein 11 
named to be shipped directly out of the commonwealth, or to the sale 12 
or use of explosives in the firing of salutes by official authorities, or to 13 
the sale or use of blank cartridges for a duly licensed show or theatre 14 
or for signal purposes in athletic sports, or to experiments at a factory 15 
for ex-plosives, or to the firing of salutes with cannon on shore or on boats 16 
where a permit has been secured from the marshal or some officer desig- 17 
nated by him therefor, or to the sale of blank cartridges for the use of, or 18 
their use by, the militia or any organization of war veterans, or in teach- 19 
ing the use of firearms by experts on days other than holidays. 20 



Explosive 
stove polish. 
1917, 153. § 1. 



Section 58. No person shall manufacture, store, keep for sale, sell 
or transport any compound for use as a stove polish containing any 
Penalty. § 59. Hquid Of compouud whatsoever which will emit a gas that will flash 
at a temperature of less than one hundred degrees Fahrenheit, except 
that foundry paste which contains inflammable compound, if packed in 



Chap. 148.] fire prevention. 1549 

6 metal containers, sealed by fusion and weighing in gross not less than 

7 five pounds, and if such container is labelled " Dangerous — Inflammable 

8 compound — Keep away from fire, heat and lights" may be manu- 

9 factured, stored, kept for sale, sold or transported for use only by stove 

10 foundries, stove manufacturers and stove dealers on their own premises 

11 under regulations prescribed by the marshal. The flash point of said 

12 compound shall be ascertained by use of either Abel-Pensky's or Pensky- 

13 Martens' closed cup instrument, or by some other method approved by 

14 the marshal. 

1 Section 59. Violation of any pro\'ision of section fifty-seven or fifty- Penalty. 

2 eight shall be punished by a fine of not more than one hundred dollars it^l.' as,' 1 1.' 

3 or by imprisonment for not more than one month, or both. ^' ^' ^^' ^ ^° 

p. S. 102. § 57. 1B04. .370, § 4. 1910, 565, 5 5. 

R. L. 102, § 90. 1905, 280, § 3. 1917, 153, § 2. 

1 Section 60. Whoever mixes for sale naphtha and illuminating oils Dangerous 

2 or naphtha and oils to be used for fuel in dwellings or other buildings mUet""'"^ 

3 where human life is endangered or exposed, or sells or oft'ers for sale such \lll] iH 1 1; 

4 mi.xture, or sells or oft'ers for sale, except for remanufacture, illuminat- ^sfs g?'/!"^' 

5 ing or fuel oils made from coal or petroleum which will evaporate a gas P J-^^"^' 

6 under one hundred degrees Fahrenheit or ignite at a temperature of less io4 Mass 64 

7 than one hundred and ten degrees Fahrenheit, to be ascertained by the ii8Mas5^44i! 

8 application of Tagliabue's or some other approved instrument, shall be 

9 punished by a fine of not more than one hundred dollars or by impris- 

10 onment for not more than one month, or both, and shall also be liable for 

11 any damage suffered by any person from the explosion or ignition of such 

12 oil thus unlawfully sold or kept or offered for sale. Such oil thus un- 

13 lawfully sold or kept or offered for sale, and the casks or packages con- 

14 taining the same, shall be forfeited and sold, and the proceeds shall be 

15 equally divided between the informer and the commonwealth. 

1 Section 61. For the purposes of the preceding section, illuminating same subject. 

2 or fuel oils made from coal or petroleum and having an igniting point of \ttl', 152; 1 3 

3 less than one hundred and ten degrees Fahrenheit, to be determined as i'8l5,9s\§^2™ 

4 therein provided, shall be deemed to be mi.xed with naphtha, and shall fioj^°^' 

5 be branded unsafe for illuminating purposes or for use as fuel. 

1 Section 62. Whoever, under an assumed name, sells or keeps or offers Penalty for 

2 for sale naphtha shall be punished by a fine of not more than one hun- undeftTeceptu'e 

3 dred dollars or by imprisonment for not more than one month, or both, )'867!2Sfi. § 5. 

4 and shall be subject to the liabihties set forth in section sixty. ^'s'loi'in 

R. L. 102, I 108. 104 Mass. 64. 118 Mass. 441. 211 Mass. 60. 

1 Section 63. Upon complaint made to a court or justice authorized f^^"^^^'^^: 

2 to issue warrants in criminal cases that the complainant has probable plosives iiie- 

3 cause to suspect and does suspect that gunpowder, dvnamite or an\ other i823, ha, § 2. 

t^i."*. t| SOS RO & 9 

4 explosives, crude petroleum or any of its products, or ex^jlosive or inflam- r."s'58,'§ 8.' 

5 mable fluids are kept or are to be found in any place contrary to this chap- a^.'ls. § 49. 

6 ter or regulations made hereunder, such court or justice may issue a search JI77; Ji,^; 1 1] 

7 warrant in conformity with chapter two hundred and seventy-six, so far j'jfg^Sg 

8 as applicable, commanding the officer to whom the warrant is directed to R l 102, 

9 enter any shop, building, manufactory, vehicle or vessel specified in the 

10 warrant, and there make dfligent search for the articles specified in the 

11 warrant, and make return of his doings forthwith to the court or justice 



1550 



FIRE PREVENTION. 



[Chap. 148. 



having jurisdiction thereof. Warrants issued for crude petroleum or any 12 

of its products or explosive or inflammable fluids may be directed to an 1.3 

inspector appointed under section twenty, to an engineer of a fire depart- 14 

ment or to a fireward. 15 



Forfeiture of 
explosives 
illegallv kept. 
1877.216, §8. 
P. S. 102, § 79 
P. L. 102, 
§ 121. 



Section 64. Articles seized under the preceding section may, after 1 

due notice and hearing, be adjudged to be forfeited, and may be ordered 2 

to be sold or destroyed in such manner as the court or magistrate may 3 

direct, and the proceeds, if any, paid into the county treasury. 4 



Matches. 
1909. 184, 
§§ 1.2. 



Section 05. Whoever keeps matches for sale or use in any store unless 1 

the same are in unbroken cases or in a metal or other fireproof receptacle 2 

with the cover closed, except when it is necessarj' to obtain access thereto, 3 

shall be punished by a fine of not more than fifty dollars. 4 



Fire balloons. 
1910, 141. 



Section 66. Whoever liberates a fire balloon shall be punished by a 1 
fine of not more than one hundred dollars or by imprisonment for not 2 
more than one month, or both. 3 



references. 

Outdoor fires, Chap. 48, §§ 13-1.5. 

See Chap. 48, § 58, as to tenure of office of chiefs of fire departments in the metro- 
politan fire prevention district. 

§ 40. Rules to be filed with state secretary, Chap. 30, § 37. 



Chap. 149.] 



LABOR XSD INDUSTRIES. 



1551 



TITLE XXI. 

LABOR AND INDUSTRIES. 

Chapter 149. Labor and Industries. 

Ca.\PTER 150. Conciliation and Arbitration of Industrial Disputes. 

Ch.\pter 151. The Minimum Wage. 

Ch.\pter 152. Workmen's Compensation. 

Chapter 153. Liability of Employers to Employees for Injuries not resulting in 

Death. 

Chapter 154. Assignment of Wages. 



CHAPTER 149. 

LABOR AND INDUSTRIES. 



Sect. 

definitions. 

1. Definitions. 

DUTIES AND POWERS OF DEPARTMENT OF 
LABOR AND INDUSTRIES. 

2. Duties and powers in general. 

3. Inspection. 

4. Report of disease to department of 

public health. 

5. Investigations. 

6. Investigations as to safety and health. 

7. Committees to recommend rules. 

8. Hearings on proposed rules. 

9. Appeal. 

10. Powers of members or employees. 

11. Reports to department by physicians. 

12. Rules of department as to safety pre- 

vail over rules of insurance com- 
panies. 

13. Violation of rules forbidden. 

14. Annual report. 

15. Inspection districts. 

16. Penalty for inspector accepting a re- 

ward. 

17. Powers of inspection. 

18. Duties of industrial health inspector. 

GENERAL PROVISIONS AS TO EMPLOYMENT. 

19. Interfering with emplojTnent of a per- 

son forbidden. 

20. Compelling a person not to join a 

labor organization. 

21. Fraudulent advertisements concern- 

ing emplojTnent. 



Sect. 

22. Advertising for employees during 

strikes. 

23. Same subject. 

24. Peaceful persuasion not penalized. 

PUBLIC EMPLOYMENT. 

25. Public emploj'ee may select lodging, 

etc. 

26. Preference to veterans and citizens in 

public work. Wages. 

27. Dispute as to wages. 

28. Actions against cities or towns for 

labor. 

29. Security for payment of labor on 

public works. 

30. Eight hour day and forty-eight hour 

week for certain public employees. 

31. Eight hour day for certain employees 

in certain cities and towns. 

32. Definitions. 

33. Limitation of sections 30 and 31. 

34. Contracts for pubUc work to contain 

stipulation as to eight hour day. 

35. Penalty for violating section 30, 31 

or 34. 

36. Eight hour day not applicable in cer- 

tain cases. 

37. Nine hour day in certain cities and 

towns. 

38. Vacations for certain public em- 

plojees. 

39. Hours of labor of officers, etc., of 

state penal institutions. 

40. Hours of labor in county institutions. 



1552 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Sect. 

41. Laborers, etc.. employed by the com- 

monwealth to be given Saturday 
half holiday. 

42. Employees of commonwealth to be on 

day work basi.s if possible. 

43. Equal opportunity of employment for 

all citizens. 

44. Holiday for veterans on Memorial 

Day. 

PRIVATE EMPLOYMENT. 

45. Penalty for requiring labor on holiday. 

46. Requiring illegal number of hours to 

make up for holiday forbidden. 

47. One day's rest in seven. 

48. Same subject. 

49. Application of two preceding sections. 

50. Exceptions. 

51. List of persons working on Sunday. 

52. Time book. Penalties for violating 

sections 51 and 52. 

WORK BY WOMEN AND CHILDREN. 

53. Heavy boxes moved by women to be 

provided with casters, etc. 

54. Investigations of core rooms where 

women are employed. 

55. Employment of women shortly Ix'fore 

and after confinement forbidden. 

56. Hours of labor for A'omen and chil- 

dren. 

57. Penalty for violation of preceding sec- 

tion. 

58. Women and minors operating eleva- 

tors. 

59. Night labor for women. 

60. Employment of children under four- 

teen. 

61. Employment of children under six- 

teen. 

62. Employment of minors under eighteen. 

63. Department may determine processes 

which are injiwious to children. 

64. Employment of persons under twenty- 

one. 

65. Hours of labor of children under six- 

teen. 

66. Hours of labor of boys under eighteen 

and girls under twenty-one. 

67. Same subject. 

68. Employment of minors as messengers. 

etc., regulated. 

69. Street trades for children in certain 

cities regulated. 

70. Same subject. 

71. Issue of badges. 

72. Wearing of badges, etc. 

73. Hours of street trades for boys. 

74. Lists of hours of employment of minors 

to be posted. 

75. Forms of lists to be furnished by (he 

department. 

76. Duties of inspectors. 

77; Powers of attendance officers. 



Sect. 

78. Penalty for violation of statutes as to 

employing minors. 

79. Penalty for hindering inspectors, etc. 

80. Penalty for selling articles to be il- 

legally sold by minors engaged in 
street trades. 

81. Penalty on parent or guardian, etc. 

82. Penalty on officials. 
S3. Penalty on minors. 

84. Service of process for violation of sec- 

tions relating to employment of 
children. 

85. Application of sections 60 to 83, in- 

clusive. 

86. Employment of children under sixteen 

without employment certificates, 
etc., forbidden. 

87. Employment certificates. Issue. 

88. School record required for employ- 

ment certificate, issue of. 

89. Contents of employment certificate. 

90. Penalties for illegal employment of 

children under sixteen, altering em- 
ployment certificate, etc. 

91. Employer to discharge child who does 

not attend a continuation school if 
required to do so. 

92. Duties of attendance officers and in- 

spectors in regard to illegal employ- 
ment of children. 

93. Further duties of attendance officers. 

94. Educational certificates, etc., to be 

shown on request of officials. 

95. Educational certificates for minors be- 

tween sixteen and twenty-one. 

96. Application of sections 86 to 95, in- 

clusive. 

97. Penalty for illegal employment of 

minor without educational certifi- 
cate. 

98. Penalty on parent, etc., allowing. 

minor to be employed without edu- 
cational certificate. 

99. Hours for meals for women and chil- 

dren. 

100. Same subject. 

101. Application of the two preceding sec- 

tions. 

102. Working during mealtime without 

knowledge of superintendent, etc. 

103. Seats for women and children. 

104. Children under fifteen not allowed to- 

appear in theatrical exhibitions, etc. 

105. License not to be granted lor exhibi- 

tions in which children under fifteen- 
take part. 



PROVISIONS AS TO HEALTH AND SAFETY. 

106. Drinking water. ' 

107. Water for humidifying. 

108. Thermometers for testing humidity. 

109. Section 108 not applicable to textile 

factories equipped with other ap-- 
proved testing devices. 



Chap. 149.] 



L.\BOR AND INDUSTRIES. 



1553 



Sect, 
110. 
111. 
112. 

113. 

114. 



115. 



116. 



117. 
118. 
119. 

120. 
121. 
122. 

123. 

124. 
125. 

126. 

127. 

128. 

129. 

130. 
131. 
132. 
133. 
134. 

135. 

136. 

137. 
138. 
139. 
140. 
141. 
142. 



Limits of humidity. 

Sources of water for humidifying. 

Penalty for violation of sections 108 
to 111, inclusive. 

Factories, etc., must be properly 
lighted, ventilated and kept clean. 

Investigations by industrial health in- 
spectors as to effect of industries on 
eyesight. 

Devices for preventing injury to eyes. 
Penalty for violation of order re- 
quiring such devices. 

Investigation as to lighting on request 
of employees or inspector of depart- 
ment of public safety. 

Ventilation of factories. 

Devices for removal of dust. 

Emery wheels, etc., to be provided 
with devices for removing dust. 

Same subject. 

Application of sections 119 and 120. 

Penalty for violation of sections 117 
to 121, inclusive. 

Inspection of factories, etc., not 
equipped with dust removers. 

Communication with engine room. 

Penalty for violation of preceding sec- 
tion. 

Doors not to be locked during working 
hours. 

Guards for gears, etc. 

Traversing carriages of certain ma- 
chines. 

Openings in hoistways, etc., to be 
guarded. 

Storage of explosives. 

Guards for shuttles. 

Suction shuttles prohibited. 

Toilet facilities. 

Apportionment of expense of changing 
toilet facilities. 

Prosecutions for violation of two pre- 
ceding sections. 

Xotice to department of public health 
of unsanitary conditions. 

Toilet rooms in foundries. 

Penalty for injuring toilet appliances. 

Lockers for clothes. 

Spittoons. 

Medical appliances, etc. 

Cloths for cleaning printing presses. 



Sect. 

146. Penalties. 

147. Clothing 

wealth. 



made outside common- 



MANUFACTURB OF CLOTHING IN TENEMENT 
HOUSES. 

143. License. 

144. Notice to local boards of health. 

145. Tags for clothing made in unlicensed 

tenement houses. 



WEEKLY PAYMENT OF WAGES. 

148. Weekly payment of wages. 

149. Warrant for violation of preceding 

section. 

150. Complaint for violation of section 148. 

151. Payment in manufactories when over 

one hundred employed. 

152. Deductions for tardiness. 

153. Weavers' fines. 

154. Same subject. 

155. Specifications for weavers. 

156. Same subject. 

157. Penalty for violation of section 155 

and for interference with inspector. 

158. Deduction from wages of women or 

children for stopping machinery. 

159. Notice of discharge. 

FREE EMPLOYMENT OFFICES. 

160. Free employment offices. Report. 

161. Superintendents and clerks. 

162. Records of applicants for employment. 

163. Fees prohibited. 

164. Preference to residents. 

165. Reports. 

166. Appropriation for expenses. 

167. Bulletins as to demand for employ- 

ment. 

168. Posting bulletins. 

STATISTICS OF LABOR AND MANUFACTURES. 

169. Commissioner, etc., may require at- 

tendance of witnesses, etc. 

170. Statistics of labor and manufactures. 

171. Schedules for collecting statistics. 

172. Information collected not to be so pub- 

lished as to disclose private affairs. 

173. Distribution or sale of old papers. 

COMMISSION ON FOREIGN AND DOMESTIC 
COMMERCE. 

174. Duties. 

MISCELL.^NEOUS PROVISIONS. 

175. Use of bells, etc. 

176. Emergency police officer. 

177. Assistance of police officers to protect 

property. 

178. Voting of employees. 

179. Posting notices. 
ISO. General penalty. 



DEFINITIONS. 

1 Section 1. In this chapter the following words, unless a different D^jfi'",';""^^ 

2 meaning is required by the context or is specifically prescribed, shall 

3 have the following meanings: 



5. 

1W)4, .=.I)S, ^ 57, 
R. L. 100. § 8. 



1554 LABOR AND INDUSTRIES. [Ch.\P. 149. 

If limits "Associate commissioners", the associate commissioners of the de- 4 

1911 241: partment of labor and industries. 5 

1912.191:726. "Buildings used for industrial purposes" or "industrial establish- 6 
1913.813. ments" shall include factories, workshops, bakeries, mechanical es- 7 
ilui.fis, §], tablishments, laundries, foundries, tenement house workrooms, all 8 
1919.^224; 350. othcr buildings or parts thereof where manufacturing is carried on, and 9 
|§ 66, 69, mercantile establishments as defined in this section. 10 

"Child", a person under eighteen. 11 

"Commissioner", the commissioner of labor and industries. 12 

"Co-operative courses", courses approved as such by the department 13 
of education and conducted in public schools where technical or related 14 
instruction is given in conjunction with practical experience by employ- 15 
ment in co-operating factories, manufacturing, mechanical or mercantile 16 
establishments or workshops. 17 

"Department", the department of labor and industries. 18 

"Employment", any trade, occupation or branch of industry, any 19 
particular method or process used therein, and the ser\'ice of any par- 20 
ticular employer; but it shall not include private, domestic service or 21 
service as a farm laborer. 22 

"Extraordinary emergency", danger to property, life, public safety 23 
or public health. 24 

"Factory", any premises where mechanical power is used in aid of 25 
any manufacturing process there carried on. 26 

"Industrial disease" or "occupational disease", any ailment or 27 
disease caused by the nature or circumstances of the employment. 28 

"Industrial health inspector", an inspector qualified by training 29 
and experience in matters relating to health and sanitation. 30 

"Inspector", an inspector of the department of labor and industries, 31 
except an inspector of the division of standards. 32 

"Iron works", a mill, forge or any premises where any process is 33 
carried on for converting iron into malleable iron, steel or tin plate, 34 
or for otherwise making or converting steel. 35 

4 0p'a Gii?; "Manufacturing establishments", any premises, room or place used 36 
for the purpose of making, altering, repairing, ornamenting, finishing 37 
or adapting for sale any article or part thereof. 38 

"Mechanical establishments", any premises, other than a factory as 39 
above defined, where machinery is employed in connection with any 40 
work or process carried on therein. 41 

4 Op a' g' 137 "Mercantile estabhshments ", any premises used for the purposes of 42 
trade in the pm-chase or sale of any goods or merchandise, and any 43 
premises used for a restaurant or for publicly providing and serving 44 
meals. 45 

"Place of employment", every place, whether indoors or out or under- 46 
ground, and the premises appurtenant thereto, into, in or upon which 47 
any employee goes or remains either temporarily or regularly in the 48 
com'se of his employment. 49 

"Print works", any premises where the process of printing figures, 50 
patterns or designs upon yarn or cloth, or upon any woven or felted 51 
fabric not paper, is carried on. 52 

"Safe" or "safety", such freedom from danger to life, safety and 53 
health of employees as the nature of the employment will reasonably 54 
permit. 55 

"Woman", a female eighteen or over. 56 

"Workshop", any premises, room or place, not a factory as above 57 



CH-^P. 149.] L.\BOR AND INDUSTRIES. 1555 

58 defined, wherein manual labor is exercised by way of trade or for pur- 

59 poses of gain in or incidental to a process of making, altering, repairing, 

60 ornamenting, finishing or adapting for sale any article or part thereof, 

61 and to which or over which premises, room or place the employer of 

62 the persons working therein has the right of access or control; but the 

63 exercise of such manual labor in a private house or private room by 

64 the family dwelling therein or by any of them, or if a majority of the 

65 persons therein employed are members of such family, shall not of 

66 itself constitute such house or room a workshop. 

DUTIES AND POWERS OF DEPARTMENT OF LABOR AND INDUSTRIES. 

1 Section 2. The department shall, except as otherwise specifically Duties and 

2 provided, enforce the provisions of this chapter, and shall have all neces- general"' 

3 sary powers therefor. i876, 216. i877. 214, 1 7. 

IS79. 305, § 12. 1884. 52. § 3. R. L. 108. 5 8. 

1880, 181. 1887. 21S. 1907. 413: 537, § 5. 

1881, 137. 1888. 426. §§ 10, 14. 1912, 726, §§ 4, 5. 
P. S. 103, §10. 1894,382, §1; 1914. 474, §2. 

1882, 266, I 6. 481, §§ 2, 35. 55. 1919, 350, § 69. 

1 Section 3. The inspection and investigation carried on by the inspection. 

2 department shall be a regular and systematic inspection and investi- i9i6!308! 

3 gation of all places of employment and the conditions of safety and '^^^' ^^°' ^ ^^' 

4 health pertaining thereto. 

1 Section 4. The department shall promptly report to the depart- Report of dis- 

2 ment of public health all cases of disease in industrial establishments ment^of public'' 

3 affecting the health of the community. health. 

1912, 726, § 6. 1919, 350, §§ 69, 96. 

1 Section 5. The department may investigate conditions existing investigations. 

2 in any line of industry, and such investigations may be extended out- Igle, n5',|2. 

3 side of the commonwealth to procure information to promote industrial i^iS'^oo, §69. 

4 development or to impro\-e industrial conditions. It shall receive all 

5 complaints concerning conditions existing in any industry carried on 

6 in the commonwealth, or concerning alleged violations of any laws 

7 enforced under its direction, and shall thereupon make or direct all 

8 needful and appropriate investigations and prosecutions. 

1 Section 6. It shall investigate from time to time employments and investigations 

~ , . . as to safety and 

2 places of employment, and determine what suitable safety devices or '^*''!,"'^„„ 

3 other reasonable means or requirements for the prevention of accidents wis. sis,' § i.' 

4 shall be adopted or followed in any or all such employments or places of IseVa^s. 407. 

5 employment; and also shall determine what suitable devices or other 

6 reasonable means or requirements for the prevention of industrial or 

7 occupational diseases shall be adopted or followed in any or all such 

8 employments or places of employment; and shall make reasonable rules, 

9 regulations and orders applicable to either employers or employees or 

10 both for the prevention of accidents and the prevention of industrial or 

11 occupational diseases. 

1 Section 7. The commissioner and associate commissioners of the committees to 

2 department may appoint committees, on which employers and em- rS™"""""^ 

3 ployees shall be represented, to make such investigations and recom- Joli; 30s: ^ ^' 

4 mend rules and regulations. 1919, 330, § 76. 



1556 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Hearings on 

proposed 

rules. 

1913, 813, 

§§2,7. 

1919,350, 

§§69,71. 



Section 8. Before adopting any rule or regulation under section 1 

six, a public hearing shall be given, and not less than ten days before 2 

the hearing a notice thereof shall be published in at least three news- 3 

papers, of which one shall be published in Boston. Such rules or regu- 4 

lations shall, when approved by the associate commissioners, be pub- 5 

lished in like manner, and, subject to section thirty-seven of chapter 6 

thirty, shall take effect thirty days after such publication or at such 7 

later time as the associate commissioners may fix. Before adopting 8 

any order a hearing shall be given thereon, of which a notice of not less 9 

than ten days shall be given to the persons affected thereby. 10 



Appeal. 
1919, 350, 



78. 



Section 9. Any person affected by an order, rule or regulation of 1 
the department may appeal to the associate commissioners within 2 
such time as they by vote may fix, but not less than ten days after 3 
notice of the ofder or the taking effect of the rules or regulations. The 4 
associate commissioners shall thereupon gi\e a hearing, and thereafter 5 
may amend, suspend or revoke such order, rule or regulation. Pending 6 
the hearing the commissioner may suspend the order, rule or regulation 7 
appealed from. Any person aggrieved by an order approved by the 8 
associate commissioners may appeal to the superior court within fifteen 9 
days after the date of approval. The superior court may annul the 10 
order if it is found to exceed the authority of the department, and 11 
upon petition of the commissioner may enforce all \'alid orders issued 12 
by the department. This section shall not deprive any person of any 13 
other lawful remedy. 14 



menSersOT SECTION 10. In ordcr to make investigations under section six, 

i9\'3°si3'*s 5 members or employees of the department may at any time enter places 
19161308! of emplo^inent when being used for business purposes. 1919, 350, § 69. 3 



1 

2 



Reports to 

department by 

physicians. 

1913, 813, § 6. 

1916,308. 

1919,350, 

§§ 68, 69, 95. . 



Section 11. The department may require every physician treating 1 

a patient whom he belie\'es to be suffering from any ailment or disease 2 

contracted as a result of the nature, circumstances or conditions of 3 

the patient's employment to report such information relating thereto 4 

as it may require, within such time as it may fix, and it may issue a list 5 

of such diseases which shall be regularly reported upon by physicians, 6 

and may add to or change such list at any time. Copies of all such 7 

reports and all statistics and data compiled therefrom shall be kept by 8 

it, and shall be furnished on request to the department of industrial 9 

accidents and the department of public health. 10 



department as SECTION 12. If any rule or regulation made under authority of 1 

to safety pre- scctiou sixt\'-four of chaptcr one hundred antl fiftv-two conflicts with 2 

vail overrules ,...«* .. eii ■ i 

of insurance or diffcrs irom a rule or regulation of the department, its rule or regula- 3 

companies. , . , n -i a 

1913, 813, § 10. tion shall prevail. loie, sos. I9i9, 350, § 69. 4 



Section 13. No person shall violate any reasonable rule, regulation, 



Violation of 
rules forbidden. 

1913. 1^3, § 13. order or requirement made by the department under section six 

1919] 350'. § 69. eleven. Penalty, § ISO. 



Annual report 
1871,394, § 6. 

1877! 214; §6. eluding the reports required by sections one hundred and sixty and 



Section 14. The commissioner shall make an annual report, in- 1 

2 



Chap. 149.] l.\bor and industries. 1557 

3 one hundred and seventy of this chapter, section ten of chapter one is79, 305, § 3. 

4 hundred and fifty, section fifteen of chapter one hundred and fifty- §§3.11.' 

5 one, and section fifty-seven of chapter ninety-eight. 

1894, 481, § 59. 1912, 726, § 14. 1918, 189, § 1. 

R, L. 108, § 2. 1914, 533. 1919, 350, §§ 8, 69. 

1 Section 15. With the approval of the associate commissioners inspection 

2 the commissioner may divide the commonwealth into inspection dis- io'i^tIb, § 9. 

3 tricts, and assign the necessary number of inspectors thereto. §§ ot,^7^o.' 

1 Section 16. An inspector who directly or indirectly receives a Penalty for 

2 reward, gift or gratuity on account of his oflBcial services shall be ITcceptog a 

3 punished by a fine of not more than one hundred dollars or by imprison- 58n!^394, 

4 ment for not more than three months, and shall also be discharged from ||^^' ^^. , g 

5 office. 1S77, 214, § 10. 1879, 305, § 6. 

P. S. 103, §6; 104, § 24. 1894, 481, § 50. 1912, 726, § 10. 

1882, 266, § 5. R. L. 108, § 6. 133 Mass. 233. 

1 Section 17. For the enforcement of the provisions of this chapter, Powers of 

2 the commissioner, the director of the di\-ision of industrial safety and 'is76,'^2'°6"' 

3 inspectors may enter all buildings and parts thereof used for industrial Jlycj'.iosifl^. 

4 purposes and examine the methods of protection from accident, the p^'f/o^g^ « lo 

5 means of escape from fire, the sanitary provisions, the lighting and means issi p^' 5 6. 

6 of ventilation, and make investigations as to the employment of women iss?! 218. 

7 and minors and as to compliance with all provisions of this chapter. §§ 16, u.' 

1894, 481, §2; 534, §3. R. L. 106, § 67; 108. § 8. 1912, 726, §§ 6, 11. 
1895,144,5 3. 1907,413. 1919,350,5 75. 

1901, 370, § 2. 1909. 514, §§ 117, 145. 

1 Section 18. Every industrial health inspector shall inform himself ^ju'sfrra'i 

2 concerning the health of all minors employed in factories within his health 

insT)6Ctor. 

3 district; and whenever he may deem it advisable or necessary, he shall 1907,537, §3. 

4 call the ill health or physical unfitness of any minor to the attention of 1919', 350' § 69. 

5 his parents, guardians or employer and of the department. 

GENERAL PROVISIONS AS TO EMPLO'i'JIENT. 

1 Section 19. No person shall, by intimidation or force, prevent interfering 

2 or seek to prevent a person from entering into or continuing in the ment'of apeV- 

3 employment of any person. is75, 211, § 2. ^°° forbidden. 

p. S. 74, § 2. 1909, 514. §§ 18, 145, 167 Mass. 92. 

1894, 508, § 2. 128 Mass. 70. 

R. L. 106, § 11. 147 Mass. 212. Penalty, § ISO. 

1 Section 20. No person shall, himself or by his agent, coerce or compelling a 

2 compel a person into a written or oral agreement not to join or become foinTiabor*" 

3 a member of a labor organization as a condition of his securing employ- igl^^'lso!""' 

4 ment or continuing in the employment of such person. 

1894,437; 1909,514, 236 Mass. 504. 

508, § 3. §§ 19, 145. 

R. L. 106. § 12. 188 Mass. 353. Penalty, § 180. 

1 Section 21. Whoever knowingly causes to be printed or published advertise- "^ 

2 a false or fraudulent notice or advertisement for help or for obtaining mentscon- 

cerning 

3 work or emplojTnent shall be punished by a fine of not more than five en.pioynient. 

4 hundred dollars or by imprisonment for not more than three months, or 1909! sui 

5 both. ""•"^- 



1558 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Advertising for 

employees 

during strikes. 

1910,445. § 1. 

1914.347, 

5U.6. 

216 Mass. 350. 



Section 22. If an employer, during the continuance of a strike, 1 

lockout or other labor trouble among his employees, publicly adver- 2 

tises in newspapers or by posters or otherwise for employees, or by 3 

himself or his agents solicits persons to work for him to fill the places 4 

of strikers, he shall plainly and explicitly mention in such advertise- 5 

ments or oral or written solicitations that a strike, lockout or other labor 6 

trouble exists among his employees. 7 

Duty of board of conciliation under §§22 and 23, Chap, 150. § 4. 



Same subject. 
1910,445, § 2. 
1914,347. 
B 2-4. C. 

1915, lOS. 

1916, 143. 
1919,350, § 09. 
207 Mass. 394. 



Section 23. No person, during the continuance of a strike, lockout 1 
or other labor trouble among his employees or those of another person, 2 
shall directly or indirectly procure or attempt to procure, or assist in 3 
any way in procuring or attempting to procure, persons to fill the places 4 
of employees invoh-ed in such strike, lockout or other labor trouble, if 5 
such persons are or have been solicited by means of ad\ertisements or 6 
oral or written statements in which it has not been plainly and explicitly 7 
mentioned that a strike, lockout or other labor trouble exists in the 8 
establishment where such persons are to be employed. This provision 9 
shall apply whether such ad\'ertisements or oral or written solicitations 10 
were made within or without the commonwealth. 11 

After investigation by and upon complaint of the department, any 12 
person violating any pro\-ision of this or the preceding section shall 13 
be punished by a fine of not more than one hundred dollars. 14 



Peaceful per- 
suasion not 
penalized. 
1913, 690. 
231 Mass. 220. 

235 Mass. 269. 

236 Mass. 310. 



Section 24. No person shall be punished criminally, or held liable 1 

or answerable in any action at law or suit in equity, for persuading or 2 

attempting to persuade, by printing or otherwise, any other person to do 3 

anything, or to pursue any line of conduct not unlawful or actionable 4 

or in violation of any marital or other legal duty, unless such persuasion 5 

or attempt to persuade is accompanied by injury or threat of injury to 6 

the person, property, business or occupation of the person persuaded 7 

or attempted to be persuaded, or by disorder or other unlawful conduct 8 

on the part of the person persuading or attempting to persuade, or is 9 

a part of an unlawful or actionable conspiracy. 10 



PUBLIC EMPLOYMENT. 



Public em- 
ployee may 
select lodging, 

1900, 469. 
R. L. 106, § 13, 
1909,614, 
§§ 20, 145. 



Section 25. Every employee in public work shall lodge, board and 1 

trade where and with whom he elects; and no person or his agents or 2 

employees under contract with the commonwealth, a county, city or 3 

town, or with a department, board, commission or officer acting there- 4 

for, for the doing of public work shall directly or indirectly require, as 5 

Penalty, § 180. ^ condition of employment therein, that the employee shall lodge, board 6 

or trade at a particular place or with a particular person. This section 7 

shall be made a part of the contract for such employment. 8 



Preference to 
veterans and 
citizens in 
public work. 
Wages. 
1S96, 494. 
R. L. 100, § 14. 
1904,311. 
1909, 614, 
B21, 145. 
1914,474, I 1. 
1917.200. 
1919, 253. 
223 Mass. 109. 



Section 26. In the employment of mechanics, teamsters and 1 

laborers in the construction of public works by the commonwealth, or 2 

by a county, town or district, or. by persons contracting therewith for 3 

such construction, preference shall first be given to citizens of the com- 4 

monwealth who have served in the army or navy of the United States 5 

in time of war and have been honorably discharged therefrom or re- 6 

leased from active duty therein, and who are qualified to perform the 7 

work to which the employment relates; and secondly, to citizens of 8 



225 Mass. 292. 



Chap. 149.] labor and industries. 1559 

9 the commonwealth generally, and, if they cannot be obtained in suffi- ^q's^'soo'^ """ 

10 cient numbers, then to citizens of the United States; and every contract " 

11 for such work shall contain a provision to this effect. The wages for a 

12 day's work paid to mechanics and teamsters emploj-ed in the construc- 

13 tion of public works as aforesaid shall be not less than the customary 

14 and pre\-ailing rate of wages for a day's work in the same trade or occu- 

15 pation in the locality where such public works are constructed; pro- 

16 vided, that no town in the construction of public works shall be required 

17 to give preference to veterans not residents of such town, over citizens 

18 thereof. Any contractor who knowingly and wilfully violates this sec- 

19 tion shall be punished by a fine of not more than one hundred dollars. 

1 Section 27. In case of any dispute as to such customary and pre- Dispute as 

2 vailing rate of wages, the department shall investigate the wages paid i<ii4?474, §2. 

3 in the trade or occupation in the locality where such public works are ^^^®' ^^°' ^ ^^• 

4 under construction, and de