f
TERCENTENARY EDITION
OF
THE GENERAL LAWS
OF
tirtje Commontoealtf) of iMags^acljusetts;
Comprising the General Laws enacted December 22, 1920
TO take effect January 1, 1921, as amended
PRIOR TO January 1, 1932
WITH THB
CO^VSTITUTIONS OF THE UNITED STATES
AND OF THE COMMONWEALTH
Edited under the Direction of The General Court by
William E. Dorman
Counsel to the Senate
Henry D. Wiggin
Counsel to the House of Representatives
VOL. I
Chapters 1-1 32 A
BOSTON
WRIGHT & POTTER PRINTING COMPANY
1932
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INTRODUCTION.
As directed by chapter 39 of the Resolves of 1929, chapter 58 of the Resolves
of 1930 and chapters 67 and 68 of the Resolves of 1931, the undersigned, counsel,
respectively, to the Senate and to the House of Representatives, have prepared
for publication this tercentenary edition of the General Laws of 1921, as amended
prior to January 1, 1932.
It is to be noted that this edition is not a revision of the general statutes of
the commonwealth, enacted as a unit by the General Court, as were the revisions
known as the Revised Statutes of 1836, the General Statutes of 1860, the Public
Statutes of 1882, the Revised Laws of 1902 and the General Laws of 1921.
At the special session of 1920, the General Court enacted chapter 640 (now
General Laws, chapter 3, sections 51 to 55, inclusive), establishing the plan known
as the "continuous consolidation of the general statutes", providing for the
offices of counsel to the Senate and to the House of Representatives and directing
that they " shall, so far as possible, draft all bills proposed for legislation as gen-
eral statutes in the form of specific amendments of or additions to the General
Laws". One of the principal purposes of said chapter 640 was to make provision
for maintaining the general statutes of the commonwealth in such form that
new editions might readily be prepared for publication at periodic intervals,
without the delay, inconvenience and expense incident to a general consolidation
or revision as theretofore conducted, involving the appointment of a highly paid
revision commission and a recess committee of the only kind now entitled to com-
pensation under the constitution and also the calling of a special session of the
General Court. In the preparation of the tercentenary edition for publication, this
purpose has been achieved.
In anticipation of the preparation of this edition, the undersigned have also
reviewed the General Laws and amendments thereof in order to comply with
mandates of the General Court, directing them to make recommendations for the
correction of errors, omissions, inconsistencies and imperfections therein which
may come to their attention, accompanied by drafts of legislation to carry such
recommendations into eff'ect. These recommendations and accompanying drafts
of legislation appear in the reports of the counsel to the Senate and to the House
[in]
iv INTRODUCTION.
of Representatives filed with the clerk of the House of Representatives and printed
as House Document 1360 of 1930 and House Documents 1324, 1370 and 1650 of
1931. Chapters 301, 394 and 426 of the Acts of 1931 were based upon the foregoing
reports.
The marginal notations opposite the several sections of the General Laws
have been revised to include citations of decisions of the Supreme Judicial Court
rendered since the publication of the General Laws, concluding with those con-
tained in Volume 273 of the Massachusetts Reports.
WILLL\M E. DORMAN,
Counsel to the Senate.
HENRY D. WIGGIN,
Counsel to the House of Representatives.
CONSTITUTION
UNITED STATES OF AMERICA.
PREAMBLE.
Objects of the Constitution.
ARTICLE I.
Section
1. Legislative powers, in whom vested.
2. House of representatives, how and by
whom clinsen. — QuaUfications of
a representative. — Representatives
and direct taxes, how apportioned.
— Census. — Vacancies to be filled.
— • Choosing officers. — Power of im-
peachment.
3. Senators, how and by whom chosen. —
How classified. — Vacancies, how
filled. — Qualifications of a senator.
— President of the senate, his right
to vote. — President pro tern, and
other officers of senate, how chosen.
— Power to try impeachments. —
When president is tried, chief justice
to preside. — Sentence.
4. Times, etc., of holding elections, how
prescribed. — One session in each
year.
5. Membership. — Quomm. — Adjourn-
ments. — Rules. — Power to punish
or expel. — Journ.al. — Time of ad-
journment limited, unless, etc.
6. Compensation. — Privileges. — Dis-
quaUfication in certain cases.
7. House to originate all revenue bills. —
Veto. — Bill may be passed by two-
thirds of each house, notwithstand-
ing, etc. ■ — Bill not returned in ten
days. — Provision as to all orders,
etc., except, etc.
8. Powers of congress.
9. Provision as to migration or importa-
tion of certain persons. — Habeas
corpus. — Bills of attainder, etc. — •
Taxes, how apportioned. — No ex-
port duty. — No commercial pref-
erences. — No money drawn from
treasury, unless, etc. — No titular
nobility. — Officers not to receive
presents, unless, etc.
Section
10. States prohibited from the exercise of
certain powers.
ARTICLE II.
Section
1. President and vice-president, their
term of office. — Electors of presi-
dent and vice-president, number
and how appointed. — Electors to
vote on same day. — Qualifications
of president. — On whom his duties
devolve in case of his removal,
death, etc. — President's compensa-
tion. — His oath.
2. President to be commander-in-chief. —
He may require opinions of certain
officers, etc., and may pardon. —
Treaty-making power. — ■ Nomina-
tion of certain officers. — When
president may fill vacancies.
3. President shall communicate to con-
gress. — He may convene and ad-
journ congress, etc.; shall receive
ambassadors, execute laws, and com-
mission officers.
4. All civil offices forfeited for certain
crimes.
ARTICLE III.
Section
1. Judicial power. — Tenure. — Compen-
sation.
2. Judicial power, to what cases it ex-
tends. — Original jurisdiction of su-
preme court. — Appellate. — Trial
by jury, except, etc. — Trial, where.
3. Treason defined. — Proof. — Punish-
ment.
ARTICLE IV.
Section
1. Credit to be given to pubhc acts, etc.,
of every state.
2. Privileges of citizens of each state. —
Fugitives from justice to be delivered
up. — Persons held to service, having
escaped, to be dehvered up.
m
CONSTITUTION OF THK UNITED STATES.
Section
3. Admission of new states. — Power of
congress over territory and other
property.
4. Republioan form of government guar-
anteed.— Each state to be protected.
ARTICLE V.
Constitution, how amended. — Proviso.
ARTICLE VI.
Certain debts, etc., adopted. — Supremacy
of constitution, treaties and laws of
the United States. — Oath to sup-
port constitution, by whom taken. —
No religious test.
ARTICLE VII.
What ratification shall establish constitu-
tion.
AMENDMENTS.
Article
1. Religious establishment prohibited. —
Freedom of speech, of the press, and
right to petition.
2. Right to keep and bear arms.
3. No soldier to be quartered in any
house, unless, etc.
4. Right of search and seizure regulated.
5. Provisions concerning prosecutions,
trials and punishments. — Private
property not to be taken for public
use, without compensation.
Further provisions respecting criminal
prosecutions.
6.
Article
7. Right of trial by jury secured.
8. Bail, fines and punishments.
9. Rule of construction.
10. Same subject.
11. Same subject.
12. Manner of choosing president and %nce-
president.
13. Sect. 1. Slavery abolished.
Sect. 2. Appropriate legislation.
14. Sect. 1. Citizenship defined. — Privi-
leges of citizens not to be abridged.
Sect. 2. Apportionment of repre-
sentatives.
Sect. 3. Certain persons in rebellion
excluded from holding office. — •
Disability may be removed.
Sect. 4. Debt of United States not
to be questioned. — Debts incurred
in aid of rebellion to be void, etc.
Sect. 5. Appropriate legislation.
15. Sect. 1. Right to vote not to be
abridged on account of race. etc.
Sect. 2. Appropriate legislation.
16. Taxation of incomes.
17. Senators, how and by whom chosen.
- — Election to fill vacancies. — Tem-
porary appointments. — Amend-
ment not retroactive.
18. Sect. 1. Intoxicating liquors for
beverage purposes prohibited.
Sect. 2. Appropriate legislation.
Sect. 3. Time for ratification.
19. Right to vote not to be abridged on
account of sex. — Appropriate legis-
lation.
Preamble.
WE the people of the United States, in order to form a more perfect
union, estabhsh justice, insure domestic tranquilHty, provide for the
common defence, promote the general welfare, and secure the blessings
of liberty to ourselves and our posterity, do ordain and establish this
Constitution for the United States of America.
Legislative
powers, in
whom vested.
House of rep-
resentatives,
bow and by
whom chosen.
239 Mass. 603.
Qualificationa
of a represent-
ative.
240 Mass. 601.
Representa-
tives and
direct taxes,
ARTICLE I.
Sect. 1. All legislative powers herein granted shall be vested in a
congress of the United States, which shall consist of a senate and house
of representatives.
Sect. 2. The house of representatives shall be composed of members
chosen every second year by the people of the several states, and the
electors in each state shall have the qualifications requisite for electors
of the most numerous branch of the state legislature.
No person shall be a representative wlio shall not have attained to the
age of twenty-five years, and been seven years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that state
in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the
several states which may be included within this Union, according to
CONSTITUTION OF THE UNITED STATES. 3
their respective numbers, which shall be determined by adding' to tiie how appor-
whole number of free persons, including those bound to scr\ice for a secAmend-
term of years, and excluding Indians not taxed, three-fifths of all other xiv?xvl''
persons. The actual enumeration shall be made within three years after Census.
the first meeting of the congress of the United States, and within every
subsequent term of ten years, in such manner as they shall by law direct.
The number of representatives shall not exceed one for every thirty
thousand, but each state shall have at least one representative; and un-
til such enumeration shall be made, the state of New Hampshire shall be
entitled to choose three, Massachusetts eight, Rhode Island and Provi-
dence Plantations one, Connecticut five, New York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten.
North Carolina five. South Carolina five, and Georgia three.
When vacancies happen in the representation from any state, the vacancies to
executive authority thereof shall issue writs of election to fill such
vacancies.
The house of representatives shall choose their speaker and other choosing ofs-
officers; and shall have the sole power of impeachment. impeachment.
Sect. 3. [The senate of the United States shall be composed of two senators, how
senators from each state, chosen by the legislature thereof, for six years; chosen.
and each senator shall have one vote.]
Amendment XV 11 a substitute for this paragraph.
Immediately after they shall be assembled in consequence of the first How classified.
election, they shall be divided as equally as may be into three classes.
The seats of the senators of the first class shall be vacated at the expira-
tion of the second year, of the second class at the expiration of the fourth
year, and of the third class at the expiration of the sixth year, so that
one-third may be chosen every second year ; [and if vacancies happen by vacancies, how
resignation, or otherwise, during the recess of the legislature of any state. Amendment
the executive thereof may make temporary appointments until the next etitute^for this
meeting of the legislature, which shall then fill such vacancies.] provision.
No person shall be a senator who shall not have attained to the age of of"a senat'o™^
thirty years, and been nine years a citizen of the United States, and who ^40 Mass. eoi.
shall not, when elected, be an inhabitant of that state for which he shall
be chosen.
The vice-president of the United States shall be president of the senate, President of
but shall have no vote, unless they be equally divided. right to vote.
The senate shall choose their other officers, and also a president pro President pro
tempore, in the absence of the vice-president, or when he shall exercise officers of aen-
the office of president of the United States. Chosen."
The senate shall have the sole power to try all impeachments. \Mien Power to try
sitting for that purpose, they shall be on oath or affirmation. When the
president of the United States is tried, the chief justice shall preside: whenprcsi-
1 -I'll el-l dent 13 tried,
and no person shall be convicted without the concurrence oi two-thirds chief justice to
of the members present.
Judgment in cases of impeachment shall not extend further than to Sentence.
removal from office, and disqualification to hold and enjoy any office of
honor, trust or profit under the United States: but the party convicted
shall nevertheless be liable and subject to indictment, trial, judgment
and punishment, according to law.
Sect. 4. The times, places and manner of holding elections for Times, etc., of
. , *! 1 • 1 11 holding elec-
senators and representatives, shall be prescribed in each state by the tiona. howpre-
CONSTITUTION OF THE UNITED STATES.
One session in
each year.
239 Mass. 603.
Membership.
Quorum.
AdjournmeDts.
Rules. Power
to punish or
expel.
Journal.
Time of ad-
journment
limited, unless,
etc.
Compensation.
Privileges.
Disqualifica-
tion in certain
cases.
House to origi-
nate all rev-
enue bills.
126 Mass. 557,
593.
191 Mass. 370.
Veto.
Bill may be
passed by two-
thirds of each
house, not-
withstanding,
etc.
227 Mass. 538.
Bill not re-
turned in ten
days.
legislature thereof; but the congress may at any time by law make or
alter such regulations, except as to the places of choosing senators.
The congress shall assemble at least once in every year, and such
meeting shall be on the first Monday in December, unless they shall by
law appoint a different day.
Sect. 5. Each house shall be the judge of the elections, returns and
qualifications of its own members, and a majority of each shall con-
stitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner, and under such penalties as each
house may provide.
Each house may determine the rules of its proceedings, punish its
members for disorderly behavior, and, with the concurrence of two-
thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time to
time publish the same, excepting such parts as may in their judgment
require secrecy; and the yeas and nays of the members of either house
on any question shall, at the desire of one-fifth of those present, be
entered on the journal.
Neither house, during the session of congress, shall, without the con-
sent of the other, adjourn for more than three days, nor to any other
place than that in which the two houses shall be sitting.
Sect. 6. The senators and representatives shall receive a compensa-
tion for their services, to be ascertained by law, and paid out of the
treasury of the United States. They shall in all cases, except treason,
felony and breach of the peace, be privileged from arrest during their
attendance at the session of their respective houses, and in going to
and returning from the same; and for any speech or debate in either
house, they shall not be questioned in any other place.
No senator or representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the United
States, which shall have been created, or the emoluments whereof shall
have been increased during such time; and no person holding any office
under the United States, shall be a member of either house during his
continuance in office.
Sect. 7. All bills for raising revenue shall originate in the house of
representatives; but the senate may propose or concur with amendments
as on other bills.
Every bill which shall have passed the house of representatives and
the senate, shall, before it become a law, be presented to the president of
the United States; if he approve he shall sign it, but if not he shall re-
turn it, with his objections to that house in which it shall have originated,
who shall enter the objections at large on their journal, and proceed to
reconsider it. If after such reconsideration two-thirds of that house
shall agree to pass the bill, it shall be sent, together with the objections,
to the other house, by which it shall likewise be reconsidered, and if ap-
proved by two-thirds of that house, it shall become a law. But in all
such cases the votes of both houses shall be determined by yeas and nays,
and the names of the persons voting for and against the bill shall be en-
tered on the journal of each house respectively. If any bill shall not be
returned by the president within ten days (Sundays excepted) after it
shall have been presented to him, the same shall be a law, in like manner
as if he had signed it, unless the congress by their adjournment prevent
its return, in which case it shall not be a law.
CONSTITUTION OF THE UNITED STATES. 0
Every order, resolution, or vote to which the concurrence of the senate Provision as to
, 1 t, • 1 / . i- r "^'^ orders, etc.,
and house of representatives may be necessary (except on a question oi except, etc.
adjournment) shall be presented to the president of the United States;
and before the same shall take effect, shall be approved by him, or being
disapproved by him, shall be repassed by two-thirds of the senate and
house of representatives, according to the rules and limitations prescribed
in the case of a bill.
Sect. 8. The congress shall have power — to lay and collect taxes. Powers of
duties, imposts and excises, to pay the debts and provide for the common 4 Cmy, 559.
defence and general welfare of the United States; but all duties, im- 10 AUen. loo',
posts and excises shall be uniform throughout the United States; — to loe MasI: 3S6.
borrow money on the credit of the United States; — to regulate com- lioMass:!*"'
merce with foreign nations, and among the several states, and with the j^s Mass. 264.
Indian tribes; — to establish an uniform rule of naturalization, and ise Mass. 236.
uniform laws on the subject of bankruptcies throughout the United 162 Mass! 113.
States; — to coin money, regulate the value thereof, and of foreign coin, 190 mZI'. 355.
and fix the standard of weights and measures; — to provide for the pun- \ll Mass! lot
ishment of counterfeiting the securities and current coin of the United |g) Hm f^^;
States; — to establish post offices and post roads; — to promote the l^'^oj^.^ ^^^
progress of science and useful arts, by securing for limited times to au- ^\ly.
thors and inventors the exclusive right to their respective writings and 235 Mass! sss!
discoveries; — to constitute tribunals inferior to the supreme court; — 236Maa3. 281.
to define and punish piracies and felonies committed on the high seas, 242 Mass! 4?!
and offences against the law of nations; — to declare war, grant letters I44 Mass. 47.
of marque and reprisal, and make rules concerning captures on land and |*8 Mass. 31^
water; — to raise and support armies, but no appropriation of money to |^°^j^^g j^q'
that use shall be for a longer terra than two years ; — to provide and 426.
maintain a navy; — to make rules for the government and regulation of 470. *^^ '
the land and naval forces; — to provide for calling forth the militia to lea Mass! ttl.
execute the laws of the Union, suppress insurrections, and repel inva- fooMas^s.' II^.'
sions; — to provide for organizing, arming, and disciplining the militia, ^^^ Mass. 511.
and for governing such part of them as may be employed in the service laa u. s. 240.
of the United States, reserving to the states respectively, the appointment 231 v. s. 68. '
of the officers, and the authority of training the militia according to the 147.
discipline prescribed by congress; — to exercise exclusive legislation in 267!'
all cases whatsoever, over such district (not exceeding ten miles square) (i^20)' le's.
as may, by cession of particular states, and the acceptance of congress,
become the seat of the government of the United States, and to exercise
like authority over all places purchased by the consent of the legislature
of the state in which the same shall be, for the erection of forts, magazines,
arsenals, dock yards, and other needful buildings; — and to make all
laws which shall be necessary and proper for carrying into execution
the foregoing powers, and all other powers vested by this constitution
in the government of the United States, or in any department or officer
thereof.
Sect. 9. The migration or importation of such persons, as any of ^'i°™tion or'°
the states now existing shall think proper to admit, shall not be pro- importation of
cprtftin per-
hibited by the congress prior to the year one thousand eight hundred sons.
and eight, but a tax or duty may be imposed on such importation, not
exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, Habeas corpus.
unless when in cases of rebellion or invasion the public safety may
require it.
No bill of attainder or ex post facto law shall be passed. ta'inder.^eVc
6
CONSTITUTION OF THE UNITED STATES.
No capitation, or other direct tax, shall be laid, unless in proportion
Taxes, how
apportioned. ^ • i p t i i i
SeeAmendment ^^ ^j^g ccnsus or enumeration hereinbefore directed to be taken.
3 Op. A. G. 267.
No export
duty.
No commercial
preferences.
No money
drawn from
treasury,
unless, etc.
No titular
nobility.
Officers not to
receive pres-
ents, unless,
etc.
States pro-
hibited from
the exercise
of certain
powers.
7 Cush. .53.
12 Allen. 421.
424. 428.
103 Mass. 267.
115 Mass, 1.53.
151 Mass. 364.
160 Mass. 62.
172 Mass. 264.
173 Mass. 322.
176 Mass. 9.
178 Mass. 330.
180 Mass. .57.
181 Mass. HI.
182 Mass. 41,
49, 80.
184 Mass. 320.
188 Mass. 521.
189 Mass. 70,
263.
190 Mass. 605.
197 Mass. 443.
226 M.ass, 618.
227 Mass. 331.
231 Mass. 113.
No tax or duty shall be laid on articles exported from any state.
235 Mass. 572. 242 Mass. 47. 244 Mass. 530.
No preference shall be given by any regulation of commerce or revenue
to the ports of one state over those of another; nor shall vessels bound
to, or from, one state, be obliged to enter, clear or pay duties in another.
No money shall be drawn from the treasury, but in consequence of
appropriations made by law ; and a regular statement and account of the
receipts and expenditures of all public money shall be published from
time to time.
No title of nobility shall be granted by the United States; and no
person holding any office of profit or trust under them shall, without the
consent of the congress, accept of any present, emolument, office or
title, of any kind whatever, from any king, prince, or foreign state.
Sect. 10. No state shall enter into any treaty, alliance, or con-
federation; grant letters of marque and reprisal; coin money; emit
bills of credit; make any thing but gold and silver coin a tender in
payment of debts; pass any bill of attainder, ex post facto law, or
law impairing the obligation of contracts, or grant any title of nobility.
No state shall, without the consent of the congress, lay any imposts
or duties on imports or exports, except what may be absolutely nec-
essary for executing its inspection laws: and the net produce of all
duties and imposts, laid by any state on imports or exports, shall be
for the use of the treasury of the United States; and all such laws
shall be subject to the revision and control of the congress. No state
shall, without the consent of congress, lay any duty of tonnage, keep
troops, or ships of war in time of peace, enter into any agreement or
compact with another state, or with a foreign power, or engage in
war, unless actually invaded, or in such imminent danger as will not
admit of delay.
232 Mass. 329.
235 Mass. 572.
236 Miiss. 281.
237 Mass. 619.
240 Mass. 264.
242 Mass. 47.
247 Mass. 334.
253 Mass. 256. 321.
261 Mass. 523.
263 Mass. 444.
264 Mass. 396.
265 Mass. 135.
268 Mass. 443.
270 Mass. 69.
221 U. S. 660.
246 U. S. 135. 147.
2 0p. A. G. 125. 195,
261. 354. 426.
4 Op. A. G. 33, 272.
278. 282. 407. 529.
Op. A. G. (1919) 32.
Op. A. G. (1920) 120.
President and
vice-president,
their term of
office.
Electors of
president and
vice-president,
number, and
how appointed.
Op. A. G.
(1920) 201.
Amendment
XII a substi-
tute for this
paragraph.
ARTICLE II.
Sect. 1. The executive power shall be vested in a President of
the United States of America. He shall hold his office during the
term of four years, and, together with the vice-president, chosen for
the same term, be elected, as follows: —
Each state shall appoint, in such manner as the legislature thereof
may direct, a number of electors, equal to the whole miniber of senators
and representatives to which the state may be entitled in the congress;
but no senator or representative, or person holding an office of trust
or profit under the United States, shall be appointed an elector.
[The electors shall meet in their respective states, and vote by ballot
for two persons, of whom one at least shall not be an inhabitant of the
same state with themselves. And they shall make a list of all the
persons voted for, and of the number of votes for each; which list they
CONSTITUTION OF THE UNITED STATES. 7
shall sipn and certify, and transmit sealed to the seat of the govern-
ment of the United States, directed to the president of the senate.
The president of the senate shall, in the presence of the senate and
house of representatives, open all the certificates, and the votes shall
then be counted. The person having the greatest number of votes
shall be the president, if such number be a majority of the whole num-
ber of electors appointed; and if there be more than one who have
such majority, and have an equal number of votes, then the house of
representatives shall immediately choose by ballot one of them for
president; and if no person have a majority, then from the five highest
on the list the said house shall in like manner choose the president.
But in choosing the president, the votes shall be taken by states, the
representation from each state having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary to a choice.
In every case, after the choice of the president, the person having the
greatest number of votes of the electors shall be the vice-president.
But if there should remain two or more who have equal votes, the
senate shall choose from them by ballot the vice-president.]
The congress may determine the time of choosing the electors, and vote'^slme
the day on which they shall give their votes; which day shall be the ^ay.
same throughout the United States.
No person except a natural born citizen, or a citizen of the United ^(™J|.^Jdem"^
States, at the time of the adoption of this constitution, shall be eligible 240 Masa. eoi.
to the office of president; neither shall any person be eligible to that
office who shall not have attained to the age of thirty-five years, and
been fourteen years a resident within the United States.
In case of the removal of the president from office, or of his death, On whom his
resignation, or inability to discharge the powers and duties of the in" case oThis
said office, the same shall devolve on the vice-president, and the con- deTthTitc.
gress may by law provide for the case of removal, death, resignation,
or inability, both of the president and vice-president, declaring what
officer shall then act as president, and such officer shall act accordingly,
until the disability be removed, or a president shall be elected.
The president shall, at stated times, receive for his services, a com- President's
pensation, which shall neither be increased nor diminished during the '^°'°p'°^^ '°''-
period for which he shall have been elected, and he shall not receive
within that period any other emolument from the United States, or
any of them.
Before he enter on the execution of his office, he shall take the follow-
ing oath or affirmation : —
"I do solemnly swear (or affirm) that I will faithfully execute the His oath.
office of president of the United States, and will to the best of my ability,
preserve, protect and defend the constitution of the United States."
Sect. 2. The president shall be commander-in-chief of the army President to
and navy of the United States, and of the militia of the several states, inchS"'"^ ^
when called into the actual service of the United States; he may require "ui^opintons
the opinion, in writing, of the principal officer in each of the executive °ers"efo"! aS'
departments, upon any subject relating to the duties of their respective may pardon.
offices, and he shall have power to grant reprieves and pardons for
offences against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Treaty-making
senate, to make treaties, provided two-thirds of the senators present iDi'Masa. 276.
concur; and he shall nominate, and by and with the advice and con- 245 113^:462!
8
CONSTITUTION OF THE UNITED STATES.
Nomination of
certain officers.
When presi-
dent may fill
vacancies.
President shall
communicate
to congress.
He may con-
vene and ad-
journ congress,
etc.
Shall receive
ambassadors,
execute laws,
and commis-
eion officers.
All civil offices
forfeited for
certain crimes.
sent of the senate, shall appoint ambassadors, other public ministers
and consuls, judges of the supreme court, and all other officers of the
United States, whose appointments are not herein otherwise provided
for, and which shall be established by law: but the congress may
by law vest the appointment of such inferior officers, as they think
proper, in the president alone, in the courts of law, or in the heads
of departments.
The president shall have power to fill up all vacancies that may
happen during the recess of the senate, by granting commissions which
shall expire at the end of their next session.
Sect. 3. He shall from time to time give to the congress information
of the state of the Union, and recommend to their consideration such
measures as he shall judge necessary and expedient; he may, on extraor-
dinary occasions, convene both houses, or either of them, and in case
of disagreement between them, with respect to the time of adjourn-
ment, he may adjourn them to such time as he shall think proper;
he shall receive ambassadors and other public ministers; he shall take
care that the laws be faithfully executed, and shall commission all the
officers of the United States.
Sect. 4. The president, vice-president, and all civil officers of the
United States, shall be removed from office on impeachment for, and
conviction of, treason, bribery, or other high crimes and misdemeanors.
Judicial
power.
242 Mass. 0.'5.
246 Mass. 464.
271 Mass. 675.
Tenure.
Compensation.
Judicial
power, to what
cases it ex-
tends.
130 Mass. 431.
152 Mass. 230.
231 Mass. 313.
235 Mass. 538.
237 Mass. 591.
244 Mass. 23,
47.
248 Mass. 31.
258 Mass. 470.
139 U. S. 240.
See Amend-
ment XI.
Original juris-
diction of
supreme court.
Appellate.
Trial by jury,
except, etc.
Trial, where.
ARTICLE III.
Sect. 1. The judicial power of the United States shall be vested in
one supreme court, and in such inferior courts as the congress may
from time to time ordain and establish. The judges, both of the supreme
and inferior courts, shall hold their offices during good behavior, and
shall, at stated times, receive for their services, a compensation, which
shall not be diminished during their continuance in office.
Sect. 2. The judicial power shall extend to all cases, in law and
equity, arising under this constitution, the laws of the United States,
and treaties made, or which shall be made, under their authority; —
to all cases affecting ambassadors, other public ministers, and consuls;
— to all cases of admiralty and maritime jurisdiction; — to contro-
versies to which the United States shall be a party ; — to controversies
between two or more states; — between a state and citizens of another
state; — between citizens of different states; — between citizens of
the same state claiming lands under grants of different states, and
between a state, or the citizens thereof, and foreign states, citizens or
subjects.
In all cases affecting ambassadors, other public ministers and consuls,
and those in which a state shall be a party, the supreme court shall
have original jurisdiction. In all the other cases before mentioned,
the supreme court shall have appellate jurisdiction, both as to law
and fact, with such exceptions, and under such regulations as the
congress shall make.
The trial of all crimes, except in cases of impeachment, sliall be by
jury; and such trial shall be held in the state where the said crimes
shall have been committed; but when not committed within any
state, the trial shall be at such place or places as the congress may by
law have directed.
CONSTITUTION OF THE UNITED STATES. 9
Sect. 3. Treason against the United States, shall consist only in Tmason
levying war against them, or in adhering to their enemies, giving them
aid and comfort. No person shall be convicted of treason unless on the Proof,
testimony of two witnesses to the same overt act, or on confession in
open court.
The congress shall have power to declare the punishment of treason, Punishment.
but no attainder of treason shall work corruption of blood, or forfeiture
except during the life of the person attainted.
ARTICLE IV.
Sect. 1. Full faith and credit shall be given in each state to the Credit to be
public acts, records, and judicial proceedings of every other state. And acts, etc.,
the congress may by general laws prescribe the manner in which such 99 Masl^267^"
acts, records and proceedings shall be proved, and the effect thereof. J}? MaS: im'.
122 Mass. 156. 191 Mass. 128. 232 Mass. 224. 2.i9 Mass. 1.
126 Mass. 26. 192 Mass. 137. 238 Mass. 561. 263 Mass. 378.
142 Mass. 47. 203 Mass. 159. 244 Mass. 40. 284 Mass. 414.
149 Mass. 223. 209 Mass. 282. 248 Mass. 440. 271 Mass. 545.
189 Mass. 85. 231 Mass. 113. 252 Mass. 331. 133 U. S. 107.
Sect. 2. The citizens of each state shall be entitled to all privi- Privileges of
, .. .,,,.... I citizens of
leges and immunities or citizens in the several states. each state.
3 Grav. 268. 173 Mass. 322. 238 Mass. 396.
11 Allen, 268. 174 Mass. 29. 256 Mass. 426.
152 Mass. 2.30. 188 Mass. 239. 4 Op. A. G. 240.
157 Mass. 367. 236 Mass. 185.
A person charged in any state with treason, felony, or other crime, fugitives from
who shall flee from justice, and be found in another state, shall, on delivered up.
demand of the executive authority of the state from which he fled, iss Mass! ug!
be delivered up to be removed to the state having jurisdiction of the HI mIH'. til'.
crime.
No person held to service or labor in one state, under the laws thereof. Persons held
.' . 1 1 11 - e 1 1 • to service, hav-
escaping into another, shall, in consequence oi any law or regulation }"^H'?^p'''Jj *"
therein, be discharged from such service or labor, but shall be deliv- up.
ered up on claim of the party to whom such service or labor may be
due.
Sect. 3. New states may be admitted by the congress into this Admission of
Union; but no new state shall be formed or erected within the juris-
diction of any other state; nor any state be formed by the junction
of two or more states, or parts of states, without the consent of the
legislatures of the states concerned as well as of the congress.
The congress shall have power to dispose of and make all needful g°ers''over''ter'-
rules and regulations respecting the territory or other property be- ^j»^^>' """^g^j
longing to the United States; and nothing in this constitution shall be
so construed as to prejudice any claims of the United States, or of
any particular state.
Sect. 4. The United States shall guarantee to every state in this Republican
Union a republican form of government, and shall protect each of ernment^guar-
them against invasion, and on application of the legislature, or of the I'ac'httate to
executive (when the legislature cannot be convened) against domestic be protected.
violence.
ARTICLE V.
The congress, whenever two-thirds of both houses shall deem it Constitution
necessary, shall propose amendments to this constitution, or, on the 239 Mass, 349.
application of the legislatures of two-thirds of the several states, shall 261 m"S 523!
262 Mass. 603.
10
CONSTITUTION OF THE UNITED STATES.
Proviso.
call a convention for proposing amendments, which, in either case,
shall be valid to all intents and purposes, as part of this constitution,
when ratified by the legislatures of three-fourths of the several states,
or by conventions in three-fourths thereof, as the one or the other
mode of ratification may be proposed by congress; provided that no
amendment which may be made prior to the year one thousand eight
hundred and eight shall in any manner affect the first and fourth clauses
in the ninth section of the first article; and that no state, without its
consent, shall be deprived of its equal suffrage in the senate.
Certain debts,
etc., adopted.
Supremacy of
constitution,
treaties and
laws of the
United States.
191 Mass. 276.
256 Mass. 159.
Op. A. G.
(1918) 44.
Oath to sup-
port constitu-
tion, by whom
taken.
Op. A. G.
(1917) 87.
No religious
test.
ARTICLE VI.
All debts contracted and engagements entered into, before the adop-
tion of this constitution, shall be as valid against the United States
under this constitution, as under the confederation.
This constitution, and the laws of the United States which shall be
made in pursuance thereof; and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme
law of the land; and the judges in every state shall be bound thereby,
any thing in the constitution or laws of any state to the contrary
notwithstanding.
The senators and representatives before mentioned, and the mem-
bers of the several state legislatures, and all executive and judicial
officers, both of the United States and of the several states, shall be
bound by oath or affirmation, to support this constitution; but no
religious test shall ever be required as a qualification to any office or
public trust under the United States.
what ratifica-
tion shall
establish con-
stitution.
ARTICLE VII.
The ratification of the conventions of nine states, shall be sufficient
for the establishment of this constitution between the states so rati-
fying the same.
ARTICLES
Religious
establishment
prohibited.
Freedom of
speech, of the
press, and
right to peti-
tion.
Right to keep
and bear arms.
2.36 Mass. 516.
247 Mass. 500.
249 Mass. 235.
No soldier to
be quartered
in any house,
unless, etc.
236 Mass. 516.
IN ADDITION TO AND AMEND.MENT OF
The constitution of the United States of America, proposed by conc/ress,
and ratified by the legislatures of the several states, pursuant to the fifth
article of the original constitution.
Art. I. Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the government for a redress of grievances.
272 Mass. 100.
196 Mass. 220.
236 Mass. 516.
247 Mass. 500.
249 Mass. 235.
Art. II. A well regulated militia, being neces.sary to the security
of a free state, the right of the people to keep and bear arms shall not
be infringed.
Art. III. No soldier shall, in time of peace, be quartered in any
house, without the consent of the owner, nor in time of war, but in a
manner to be prescribed by law.
247 Mass. 500.
249 Mass. 235.
CONSTITUTION OF THE UNITED STATES. 11
Art. IV. The riglit of the people to be secure in their persons, Right of search
houses, papers and effects, against unreasonable searches and seizures, regufaS"
shall not be \iolated, and no warrants shall issue, but upon probable g"!! MaS: HI]
cause, supported by oath or affirmation, and particularly describing j^l ^J|^^- 356.
the place to be searched, and the persons or things to be seized.
246 Mass. 507. 247 Mass. 500. 249 Mass. 235.
Art. V. No person shall be held to answer for a capital, or other- Provnsions con-
wise infamous crime, unless on a presentment or indictment of a grand cudons.Kfs
jury, except in cases arising in the land or naval forces, or in the militia, mJlifs™'"''"
when in actual service in time of war or public danger; nor shall any ^r'ty n'otToX
person be subject for the same offence to be twice put in jeopardy of [^''^"^^^"^'ifh'o'lrt
life or limb; nor shall be compelled in any criminal case to be a witness ^opP^P^'igg"-
against himself, nor be deprived of life, liberty or property, without s"Gra.v,'329.
due process of law; nor shall private property be taken for public i3Ai™i, 554.
use, without just compensation.
105 Mass. 189. 237 Mass. 422. 260 Mass. 441. 270 Mass. 511.
194 Mass. SO. 242 Mass. 508. 261 Mass. 523. 271 Mass- .598.
200 Mass. 474. 247 Mass. 334, 500. 264 Mass. 318. 180 U. S. 311.
207 Mass. 240. 259. 249 Mass. 235. 265 Mass. 166. 4 Op. A. G. 139.
236 Mass. 516. 259 Mass. 453.
Art. VI. In all criminal prosecutions, the accused shall enjoy the Further provi-
right to a speedy and public trial, by an impartial jury of the state and iiigcrimiiwi
district wherein the crime shall have been committed, which district los^Mal's"™.'
shall have been previously ascertained by law, and to be informed of HI HlH Hf
the nature and cause of the accusation; to be confronted with the |i^| ^}^^s. sie.
witnesses against him; to have compulsory process for obtaining 247 Mass. 500.
witnesses in his favor, and to have the assistance of counsel for his 261 Mass! 299!
defence.
Art. VII. In suits at common law, where the value in controversy Right of trial
shall exceed twenty dollars, the right of trial by jury shall be preserved, se^cirei
and no fact tried by a jury shall be otherwise re-examined in any court i9*i'Tiass!*223.
of the United States, than according to the rules of the common law. ^°^ ^^^^^- ®°^-
228 Mass. 63. 237 Mass. 591. 249 Mass. 235.
236 Mass. 516. 247 Mass. 500. 264 Mass. 337.
Art. VIII. Excessive bail shall not be required, nor excessive fines Bail. 6nes and
, 11 1 .1 J. • n' J. ^ punishments.
imposed, nor cruel and unusual punishments inflicted.
5 Grav. 482. 236 Mass. 516. 249 Mass. 235.
173 Mass. 322. 247 Mass. 500. 180 U. S. 311.
Art. IX. The enumeration in the constitution, of certain rights, Rule of con-
shall not be construed to deny or disparage others retained by the Is™ mms. 516.
people.
247 Mass. 500. 249 Mass. 235.
Art. X. The powers not delegated to the United States by the Same subject.
constitution, nor prohibited by it to the states, are reserved to the 240 Mass! 60ii
states respectively, or to the people.
247 Mass. 500. 249 Mass. 235. 263 Mass. 444.
Art. XI. The judicial power of the United States shall not be same subject.
construed to extend to any suit in law or equity, commenced or pro.s-
ecuted against one of the United States by citizens of another state,
or by citizens or subjects of any foreign state.
Art. XII. The electors shall meet in their respective states, and lll"'^i"/lr^i.
vote by ballot for president and vice-president, one of whom, at least, ''™'ije"n'l ^'"^
shall not be an inhabitant of the same state with themselves; they 266 Mass. is.
shall name in their ballots the person voted for as president, and in
distinct ballots the person voted for as vice-president, and they shall
make distinct lists of all persons voted for as president, and of all per-
12
CONSTITUTION OF THE UNITED STATES.
Slavery
abolished.
236 Mass. 281.
253 Mass. 244.
Appropriate
legislation.
Citizenship
defined.
Privileges of
citizens not to
be abridged.
144 Mass. 10.
147 Mass. .'536.
156 Mass. 57.
158 Mass. 509,
598
166 Mass. 347.
167 Mass. 290.
sons voted for as vice-president, and of the number of votes for each,
which lists they shall sign and certify, and transmit sealed to the seat
of the government of the United States, directed to the president of
the senate ; — the president of the senate shall, in presence of the
senate and house of representatives, open all the certificates and the
votes shall then be counted; — the person having the greatest number
of votes for president, shall be the president, if such number be a
majority of the whole number of electors appointed; and if no person
have such majority, then from the persons having the highest numbers
not exceeding three on the list of those voted for as president, the
house of representatives shall choose immediately, by ballot, the pres-
ident. But in choosing the president, the votes shall be taken by
states, the representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from two-thirds
of the states, and a majority of all the states shall be necessary to a
choice. And if the house of representatives shall not choose a pres-
ident whenever the right of choice shall devolve upon them, before
the fourth day of March next following, then the vice-president shall
act as president, as in the case of the death or other constitutional
disability of the president.
The person having the greatest number of votes as vice-president,
shall be the vice-president, if such number be a majority of the whole
number of electors appointed, and if no person have a majority, then
from the two highest numbers on the list, the senate shall choose the
vice-president; a quorum for the purpose shall consist of two-thirds
of the whole number of senators, and a majority of the whole number
shall be necessary to a choice.
But no person constitutionally ineligible to the office of president
shall be eligible to that of vice-president of the United States.
Abt. XIII. Sect. 1. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place subject to
their jurisdiction.
Sect. 2. Congress shall have power to enforce this article by ap-
propriate legislation.
Art. XIV. Sect. 1. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United
States and of the state wherein they reside. No state shall make or en-
force any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any state deprive any person of life,
liberty, or property, without due process of law, nor deny to any person
within its jurisdiction the equal protection of the laws.
169 Mass.
175 Mass.
179 Mass.
183 Mass.
187 Mass.
188 Mass.
191 Mass.
195 Mass.
197 Mass.
200 Mass.
201 Mass.
203 Mass.
201 Mass.
207 Mass.
208 Mass.
209 Mass.
226 Mass.
228 Mass.
229 Mass.
230 Mass.
231 Mass.
387.
71 369.
131.
242.
436.
363.
545.
262.
178. 279.
482.
23.
556.
138.
2.59, 601, 606.
607.
607.
613.
63 101, 117.
494.
131, 370, 503.
99.
232 Mass.
235 Mass.
236 Mass.
237 Mass.
239 Mass.
240 Mass.
241 Mass.
242 Mass.
244 Mass.
246 Mass.
247 Mass.
249 Mass.
250 Mass.
251 Mass.
253 Mass.
255 Mass.
256 Mass.
2.57 Mass.
260 Mass.
261 Mass.
264 Mass.
19. 28 88, 309.
320. 357.
185, 281.
42. 422.
424.
55. 264.
406.
30 78, 95.
530.
507.
46, 334, 496, 500.
123.
52, 63, 73, 498.
6.
244. 321,478.
369.
426 512. 519, 568.
108.
335 441.
12 269. .309, 484.
318, 337.
265 Mass. 135, 166.
266 Mass. IS,
267 Mass. 145, 240, 607.
268 Mass. 121. 373. 443, 480.
269 Mass. 410.
270 Mass. 7, 69, 318, 511.
271 Mass. 598, 172.
272 Mass. 19, 25, 113.
169 U. S. 649.
177 U. S. 155.
197 U. S. 11.
221 U. S. 660.
231 U. S. 68.
246 U. S. 135, 147.
2 Op. A. G. 3.54, 442.497.
3 Op. A. G. 276.
4 Op. A. G. 138, 282, 386,
422. 557.
Op. A. G. (1917) 51. 52,
74, 77.
Op. A. G. (1920) 74.
CONSTITUTION OK THE UNITED STATES. 13
Sect. 2. Representatives shall be apportioned among the several Apportion-
.... . 1^ . Ill nient of repre-
states accordniK to their respective nunilKM-s, counting the whole number scntaiives.
of persons in each state, excluding Indians not taxed. But when the ^"'* "
right to vote at any election for the choice of electors for president and
vice-president of the United States, representatives in congress, the
executive and judicial officers of a state, or the members of the legislature
thereof, is denied to any of the male iiiiiabitants of such state, being
twenty-one years of age, and citizens of the United States, or in any
way abridged, except for participation in rebellion or other crime, the
basis of representation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole number of male
citizens twenty-one years of age in such state.
Sect. 3. No person shall be a senator, or representati^'e in congress. Certain per-
or elector of president and vice-president, or hold any office, civil or bemo" Jxciuded
military, under the United States, or under any state, who, having pre- ing^fficl'?'
viously taken an oath, as a member of congress, or as an officer of the
United States, or as a member of any state legislature, or as an executive
or judicial officer of any state, to support the constitution of the United
States, shall have engaged in insurrection or rebellion against the same,
or given aid or comfort to the enemies thereof. But congress may, by a Disability may
vote of two-thirds of each house, remove such disability. ^^ ''™°™''
Sect. 4. The validity of the public debt of the United States, au- Debt of united
thorized by law, including debts incurred for payment of pensions and be"ues'ti'one"d.
bounties for services in suppressing insurrection or rebellion, shall not be
questioned.
But neither the United States nor any state shall assume or pay any Debts incurred
debt or obligation incurred in aid of insurrection or rebellion against the i,"on't'o°be"o1d.
United States, or any claim for the loss or emancipation of any slave; *'"■
but all such debts, obligations and claims shall be held illegal and void.
Sect. 5. The congress shall have power to enforce, by appropriate Appropriate
legislation, the provisions of this article. legislation.
Art. XV. Sect. 1. The right of citizens of the United States to Right to vote
vote shall not be denied or abridged by the United States, or by any Xidge'd on
state, on account of race, color, or previous condition of servitude. gtp°"°* "' '■'"^^'
159 Mass. 413. 236 Mass. 2S1. 265 Mass. 166.
Sect. 2. The congress shall have power to enforce this article by Appropriate
appropriate legislation. legislation.
Art. XVL The congress shall have power to lay and collect taxes Taxation ot
on incomes, from whatever source derived, without apportionment STKs. 495.
among the several states, and without regard to any census or enumera- I op"^ 'r g^^^'
tion. 267.
Art. XVII. The senate of the United States shall be composed of fnj''b°'^wh "'^
two senators from each state, elected by the people thereof, for six chosen.
years; and each senator shall have one vote. The electors in each '^^'
state shall have the qualifications requisite for electors of the most
numerous branch of the state legislatures.
When vacancies happen in the representation of any state in the sen- Election to en
ate, the executive authority of such state shall issue writs of election to
fill such vacancies: provided, that the legislature of any state may em-
power the executive thereof to make temporary appointments until the Temporary
people fill the vacancies by election as the legislature may direct. appointments.
This amendment shall not be so construed as to affect the election or Amendment
term of any senator chosen before it becomes valid as part of the con- °°' ■■«^f°»''"^«-
stitution.
vacancies.
14
CONSTITUTION OF THE UNITED STATES.
Intoxicating
liquors for
beverage pur-
poses pro-
hibited.
236 Mass. 2S1,
448.
238 Mass. 218.
241 Mass.
168, 199.
Appropriate
legislation.
236 Mass. 281.
Time for
ratification.
Right to vote
not to be
abridged on
account of sex.
237 Mass. 589.
Appropriate
legislation.
Art. XVIII. Sect. 1. After one year from the ratification of this
article the manufacture, sale, or transportation of intoxicating liquors
within, the importation thereof into, or the exportation thereof from
the United States and all territory subject to the jurisdiction thereof
for beverage purposes is hereby prohibited.
251 Mass. 569.
252 Mass. 126.
258 Mass. 410.
262 Mass. 603.
270 Mass. 61.
Op. A. G. (1920) 104.
Sect. 2. The congress and several states shall have concurrent
power to enforce this article by appropriate legislation.
Sect. 3. This article shall be inoperative unless it shall have been
ratified as an amendment to the constitution by the legislatures of the
several states, as provided in the constitution, within seven years from
the date of the submission hereof to the states by the congress.
Art. XIX. The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any state on
account of sex.
240 Mass. 601. 611. 241 Mass. 168.
Congress shall have power to enforce this article by appropriate
legislation.
[Note. The constitution was adopted September 17, 1787, by the unanimous consent
of the states present in the convention appointed in pursuance of the resolution of the
congress of the confederation of February 21, 17S7, and was ratified by the conventions
of the several states, as follows, \'iz.: By convention of Velau-are, December 7, 1787;
Pennsylvania, December 12, 1787; New Jersey, December IS, 1787; Georgia, January 2,
1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April
28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia,
June 26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; Rhode
Island, May 29, 1790.
Tlie first ten of the amendments were proposed at the first session of the first congress
of the United States, September 25, 1789, and were finally ratified by the constitutional
number of states on December 15, 1791. The eleventh .amendment was proposed at the
first session of the third congress, March 5, 1794, and was declared in a message from
the President of the United States to both houses of congress, dated January 8, 1798,
to have been adopted by the constitutional number of states. The twelfth amendment
was proposed at the first session of the eighth congress, December 12, 1803, and was
adopted by the constitutional number of states in 1804, according to a public notice
thereof by the secretary of state, dated September 25 of the same year.
The thirteenth amendment was proposed to the legislatures of the several states by
the thirty-eighth congress on February 1, 1865, and was declared, in a proclamation
of the secretary of state, dated December 18, 1865, to have been ratified by the legisla-
tures of three-fourths of the states.
The fourteenth amendment was proposed to the legislatures of the several states by
the thirty-ninth congress, on June 16, 1866.
On July 20, 1868, the secretary of state of the United States issued his certificate.
Betting out that it appeared by official documents on file in the department of state that
said amendment had been ratified by the legislatures of the states of Connecticut, New
Hampshire, Tennessee, Neiv Jersey, Oregon, Vermont, New York, Ohio, Hlinois, West Vir-
ginia, Kansas, Maine, Nevada, Missouri, hidiana, Minnesota, Rhode Islarul, Wisconsin,
Pennsylvania, Michigan, Massachusetts, Nebraska and Iowa, and by newly established
bodies avowing themselves to be and acting as the legislatures of the states of Arkansas,
Florida, North Carolina, Louisiana, South Carolina and Alahama; that the legislatures
of Ohio and New Jersey had since passed resolutions withdrawing the consent of those
states to said amendment; that the whole number of states in tlie United States was
thirty-seven, that the twenty-three states first above named and the six states next
above named together, constituted three-fourths of the whole number of states, and
certifying tliat if the resolutions of Ohio and New Jersey, ratifying said amendment were
CONSTITUTION OF THE UNITED STATES. 15
still in force, notwithstanding their subsequent resolutions, then said amendment had
been ratified and so become valid as part of the constitution.
On July 21, 1868, conpress passed a resolution reciting that the amendment had been
ratified by Connecticut, Tennessee, New Jersey, Oregon, Vermont, West Virginia, Kansas,
Missouri, Indiana, Ohio, Illinois, Minnesota, New Y'ork, Wisconsin, Pennsylvania, Rhode
Island, Michigan, Nevada, New Hampshire, Massachusetts, Nebraska, Maine, laiva,
Arkansas, Florida, North Carolina, Alabama, South Carolina and Louisiana, being three-
fourths of the several states of the Union, and declaring said fourteenth article to be
a part of the constitution of the United States and making it the duty of the secretary
of state to duly promulgate it as such.
On July 2S, I86S, the secretary of state issued his certificate, reciting the above reso-
lution, and stating that official notice had been received at the department of state that
action had been taken by the legislatures of the states in relation to said amendments,
as follows: "It was ratified in A.D. 1866. by Connecticut, June 30; New Hampshire,
July 7; Tennessee, July 19; Oregon, September 19; Vermont, November 9. In A.D.
1867, by Neiv York, January 10; Illinois, January 15; West Virginia, January 16;
Kansas, January 18; Maine, January 19; Nevada, January 22; Missouri, January 26;
Indiana, January 29; Minnesota, February 1; Rhode Island, February 7; Wisconsin,
February 13; Pennsylvania, February 13; Michigan, February 15; Massachusetts,
March 20; Nebraska, June 15. In A.D. 1868, by Iowa, April 3; Arkansas, April 6;
Florida, June 9: Louisiana, July 9; and Alabama, July 13.
"It was first ratified and the ratification subsequently withdrawn by New Jersey,
ratified September 11, 1866, withdrawn April, 1868; Ohio, ratified January 11, 1867,
and withdrawn January, 1868.
"It was first rejected and then ratified by Georgia, rejected November 13, 1866, ratified
July 21, 1868; North Carolina, rejected December 4, 1866, ratified July 4, 1868; South
Carolina, rejected December 20, 1866, and ratified July 9, 1868.
"It was rejected by Texas, November 1, 1866; Virginia, January 9, 1867; Kentucky,
January 10, 1867; Delaware, February 7, 1867; and Maryland, March 23. 1867."
And on said July 28, 1868, and in execution of the act proposing the amendment and
of the concurrent resolution of congress above mentioned and in pursuance thereof, the
secretarj' of state directed that said amendment to the constitution be published in the
newspapers authorized to promulgate the laws of the United States, and certified that
it had been adopted in the manner above specified by the states named in said resolu-
tion, and that it "has become valid to all intents and purposes as a part of the consti-
tution of the United States."
Subsequently it was ratified by Virginia, October 8, 1869, by Georgia, again February
2, 1870, and by Texas, February 18, 1870.
The fifteenth amendment was proposed to the legislatures of the several states by
the fortieth congress on February 27, 1869, and was declared, in a proclamation of the
secretary of state, dated March 30, 1870, to have been ratified by the constitutional
number of states and to have "become valid to all intents and purposes as part of the
constitution of the United States."
The sixteenth amendment was proposed to the legislatures of the several states by
the sixty-first congress, at its first session, in 1909. On February 25, 1913, the secretary
of state made proclamation to the effect that, from official documents on file in the
department, it appeared that the amendment had been ratified by the legislatures of
the states of Alaba?na, Kentucky. South Carolina, Illinois, Mississippi, Oklahoma, Mary-
land, Georgia, Texas, Ohio, Idaho, Oregon, Washington, California, Montana, Indiana,
Nevada, North Carolina, Nebraska, Kansas, Colorado, North Dakota, Michigan, Iowa,
Missojiri, Maine, Tennessee, Arkansas, Wisconsin, New York, South Dakota, Arizona,
Minnesota, Louisiana, Delaware and Wyoming, in all thirty-six; and, further, that the
states whose legislatures had so ratified the said proposed amendment constituted three-
fourths of the whole number of states in the United States; and, further, that it appeared
from official documents on file in the department that the legislatures of A'ew Jersey and
New Mexico had passed resolutions ratifying the said proposed amendment. He further
certified that the amendment had "become valid to all intents and purposes as a part of
the constitution of the United States."
The seventeenth amendment was proposed to the legislatures of the several states
by the sixty-second congress, at its second session, in 1912. On May 31, 1913, the secre-
tary of state made proclamation to the effect that, from official documents on file in
the department, it appeared that the amendment had been ratified by the legislatures
of the states of Massachusetts, Arizona, Minnesota, New York, Kansas, Oregon, North
16 CONSTITUTION OF THE UNITED STATES.
Carolina, California, Michigan, Idaho, West Virginia, Nebraska, Iowa, Montana, Texas,
Washington, Wyoming, Colorado, Illinois, North Dakota, Nevada, Vermont, Maine, New
Hampshire, Oklahoma, Ohio, South Dakota, Indiana, Missouri, New Mexico, New Jersey,
Tennessee, Arkansas, Connecticut, Pennsylvania and Wisconsin; and, further, that the
states whose legislatures had so ratified the said proposed amendment constituted three-
fourths of the whole number of states in the United States. He further certified that
the amendment had "become valid to all intents and purposes as a part of the constitu-
tion of the United States."
The eighteenth amendment was proposed to the legislatures of the several states by
the sixty-fifth congress, at its second session, in 1917. On January 29, 1919, the acting
secretary of state made proclamation to the effect that, from official documents on file
in the department, it appeared that the amendment had been ratified by the legislatures
of the states of Alabama, Arizojia, California, Colorado, Delaware, Florida, Georgia,
Idaho, Illinois, Indiana, Kansas, Kentucky, Loxiisiana, Maine, Maryland, Massachu-
setts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, North
Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, South Carolina, Texas,
Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming: and, further, that
the states whose legislatures had so ratified the said proposed amendment constituted
three-fourths of the whole number of states in the United States. He further certified
that the amendment had "become valid to all intents and purposes as a part of the
constitution of the United States."
The nineteenth amendment was proposed to the legislatures of the several states
by the sixty-sixth congress, at its first session, in 1919. On August 26, 1920, the secretary
of state made proclamation that, from official documents on file in the department, it
appeared that the amendment had been ratified by the legislatures of the states of Ari-
zona, Arkansas, California, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada,
New Hampshire, New Jersey, New Mexico, North Dakota, New York, Ohio, Oklahoma,
Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Washington,
West Virginia, Wisconsin and Wyoming; and, further, that the states whose legislatures
had so ratified the said proposed amendment constituted thr^e-fourths of the whole
number of states in the United States. He further certified that the amendment had
"become vaUd to all intents and purposes as a part of the constitution of the United
States."]
CONSTITUTION
FORM OF GOVERNMENT
Commontucaltl) of Jlasissacijusictts!.
PREAMBLE.
Objects of government. — Body politic,
how formed. — Its nature.
PART THE FIRST.
Declaration of Rights.
Article
1. Equality and natural rights of all men.
2. Right and duty of public religious wor-
ship. — Protection therein.
3. Legislature empowered to compel pro-
vision for public worship. — Legis-
lature to enjoin attendance. — Ex-
clusive right of electing religious
teachers secured. — Option as to
whom parochial taxes may be paid,
unless, etc. — AH denominations
equally protected. — No subordina-
tion of one sect to another.
4. Right of self-government secured.
5. Accountability of all officers, etc.
6. Services rendered to the public being
the only title to peculiar privileges,
hereditary offices are absurd and un-
natural.
7. Objects of government; right of people
to institute and change it.
8. Right of people to secure rotation in
office.
9. All having the qualifications prescribed
equally eligible to office.
10. Right of protection and duty of
contribution correlative. — All laws
founded on consent. — Private prop-
erty not to be taken for public uses
without, etc.
Article
11. Remedies, by recourse to the law, to be
free, complete and prompt.
12. Prosecutions regulated. — Right to
trial by jury in criminal cases, ex-
cept, etc.
13. Crimes to be proved in the vicinity.
14. Right of search and seizure regulated.
15. Right to trial by jury sacred, except,
etc.
16. Liberty of the press.
17. Right to keep and bear arms. — St.ind-
ing armies dangerous. — Military
power subordinate to civil.
Moral qualifications for office. — Moral
obligations of lawgivers and magis-
trates.
Right of people to as.semble peaceably,
to instruct representatives and to
petition legislature.
Power to suspend the laws or their ex-
ecution.
21. Freedom of debate, etc., and reason
therefor.
Frequent sessions, and objects thereof.
No tax without consent.
Ex post facto laws prohibited.
Legislature not to convict of treason,
etc.
26. Excessive bail or fines, and cruel pun-
ishments, prohibited.
No soldier to be quartered in any house,
unless, etc.
Citizens exempt from law-martial, un-
less, etc.
Judges of supreme judicial court. —
Tenure of tlieir office. — Salaries.
30. Separation of legislative, executive and
judicial departments.
18.
19.
20
22.
23.
24.
25.
27.
28
29
17
18
CONSTITUTION OF MASSACHUSETTS.
TART THE SECOND.
The Frame of Government.
Title of body politic.
CHAPTER I.
THE LEGISL.\TIVE POWER.
Section 1.
The General Court.
Article
1. Legislative department.
2. Governor's veto. — Bill may be passed
by two thirds of each house, notwith-
standing. — Bill or resolve not re-
turned within five days to be law.
3. General court may constitute judica-
tories, courts of record, etc. — Courts,
etc., may administer oaths.
4. General court may enact laws, etc.,
not repugnant to the constitution;
may provide for the election or ap-
pointment of officers, prescribe their
duties, etc. — May impose taxes,
etc., to be disposed of for defence,
etc. — Valuation of estates once in
ten years, at least, while, etc.
Section 2.
Senate.
Article
1. Senate, number and by whom elected.
— Counties to be districts, until, etc.
2. Manner and time of choosing senators
and councillors. — Word "inhabit-
ant" defined. — Selectmen to pre-
side at town meetings. — Return of
votes. — Inhabitants of unincor-
porated plantations who pay state
taxes may vote. — Plantation meet-
ings. — Assessors to notify, etc.
3. Governor and council to examine and
count votes, and issue summonses.
4. Senate to be final judge of elections,
etc., of its own members. — Va-
cancies, how filled.
5. Qualifications of a senator.
6. Senate not to adjourn more than two
days.
7. Shall choose officers and establish rules.
8. Shall try all impeachments. — Oath. —
Limitation of sentence.
9. Quorum.
Section 3.
House of Representatives.
Article
1. Representation of the people.
2. Representatives, by whom chosen. —
Proviso as to towns having less than
150 ratable polls. — Towns liable to
fine in case, etc. — Expenses of trav-
elling to and from the general court,
how paid.
Article
3. Qualifications of a representative.
4. Qualifications of a voter.
5. Representatives, when chosen.
6. House alone can impeach.
7. House to originate all money bills.
8. Not to adjourn more than two days.
9. Quorum.
10. To judge of returns, etc., of its own
members; to choose its officers and
establish its rules, etc. — May pun-
ish for certain offences. — Privileges
of members.
11. Senate and governor and council may
punish. — General limitation, — Tri.il
may be by committee, or otherwise.
CHAPTER II.
EXECUTIVE POWER.
Section 1.
Governor.
Article
1. Governor. — His title.
2. To be chosen annually. — Qualifica-
tions.
3. To be chosen by the people, by a ma-
jority of votes. — How chosen, when
no person has a majority.
4. Power of governor and of governor and
council.
5. May adjourn or prorogue general court
upon request, and convene the same.
6. Governor and council may adjourn
general court in cases, etc., but not
exceeding ninety days.
7. Governor to be commander in chief. —
Limitation.
8. Governor and council may pardon of-
fences, except, etc. — But not before
conviction.
9. Judicial officers, etc., how nominated
and appointed.
10. Militia officers, how elected. — How
commissioned. — Election of officers.
— Major-generals, how appointed
and commissioned. — Vacancies, how
filled, in case, etc. — Officers duly
commissioned, how removed. — Ad-
jutants, etc., how appointed. —
Army officers, how appointed. — Or-
ganization of militia.
11. Money, how drawn from the treasury,
except, etc.
12. All public boards, etc., to make quar-
terly returns.
13. Salary of governor. — Salaries of jus-
tices of supreme judicial court. —
Salaries to be enlarged if insufficient.
Section 2.
Lieutenant Governor.
Article
1. Lieutenant governor; his title and qual-
ifications. — How chosen.
CONSTITUTION OF MASSACHUSETTS.
19
Article
2. President of counoil. — Lieutenant
governor a member, except, etc.
3. Lieutenant governor to be acting gov-
ernor, in case, etc.
Section 3.
Council, and the Manner of settlinn Elec-
tions by the Legislature.
Article
1. Council.
2. Number; from whom and how chosen.
• — If senators become councillors,
their seats to be vacated.
3. Rank of councillors.
4. No district to have more than two.
5. Register of council.
6. Council to exercise power of governor
in case, etc.
7. Elections may be adjourned until, etc.
— Order thereof.
Section 4.
Secretary, Treasurer, Commissary, etc.
Article
1. Secretary, etc., by whom and how
chosen. — Treasurer ineligible for
more than five successive years.
2. Secretary to keep records; to attend the
governor and council, etc.
CHAPTER III.
JUDICIARY POWER.
Article
1. Tenure of all commissioned officers to
be expressed. — Judicial officers to
hold office during good behavior, ex-
cept, etc. — But may be removed on
address.
2 Justices of supreme judicial court to
give opinions when required.
3. Justices of the peace; tenure of their
office.
4. Provisions for holding probate courts.
5. Marriage, divorce, etc., until other pro-
\'ision made by law.
CHAPTER IV.
DELEGATES TO CONGRESS.
Election, etc.
CHAPTER V.
THE UNIVERSITY AT CAMBRIDGE, AND
ENCOURAGEMENT OF LITERATURE,
ETC.
Section 1.
The University.
Article
1. Harvard College. — Powers, pri\Tleges,
etc., of the president and fellows con-
firmed.
Article
2. All gifts, grants, etc., confirmed.
3. Who shall be overseers. — Power of al-
teration reserved to the legislature.
Section 2.
The Encouragement of Literature, etc.
Duty of legislatures and magistrates in all
future periods.
CHAPTER VI.
OATHS AND SUBSCRIPTIONS; INCOM-
PATIBILITY OF AND E.XCLUSION
FROM OFFICES; PECUNIARY QUALI-
FICATIONS; COMMISSIONS; WRITS;
CONFIRMATION OF LAWS; HABEAS
CORPUS; THE ENACTING STYLE;
CONTINUANCE OF OFFICERS; PRO-
VISION FOR A FUTURE REVISAL OF
THE CONSTITUTION, ETC.
Article
1. Oaths of office, etc. — Declaration and
oaths of all officers. — Oath of office.
— Quakers may affirm. — Oaths and
affirmations, ho-w administered.
2. Plurality of offices prohibited to gov-
ernor, etc., except, etc. — Incom-
patible offices. — Bribery, etc., dis-
qualify.
3. Value of money ascertained. — Prop-
erty qualifications may be increased.
4. Provisions respecting commissions.
5. Provisions respecting writs.
6. Continuation of former laws, except,
etc.
7. Benefit of habeas corpus secured, ex-
cept, etc.
8. The enacting style.
9. Officers of former government con-
tinued until, etc.
10. Provision for revising constitution.
11. Provision for preserving and publish-
ing this constitution.
AMENDMENTS.
Article
1. Bill, etc., not approved within five days,
not to become a law, if legislature
.adjourn in the meantime.
2. General court empowered to charter
cities and to establish limited town
meeting form of government in
towns containing twelve thousand
or more inhabitants. — Proviso.
3. Qualifications of voters for governor,
lieutenant governor, senators and
representatives.
4. Notaries public, how appointed and re-
moved. — Vacancies in the offices of
secretary and treasurer, how filled.
— Commissary-general may be ap-
pointed, in case, etc. — • Militia offi-
cers, how removed.
20
CONSTITUTION OF MASSACHUSETTS.
Article
5. Who may vote for captains and subal-
terns.
6. Oath to be taken by all officers. —
Quakers may affirm.
7. Tests abolished.
8. Incompatibility of offices.
9. Amendments to constitution, how
made.
10. Commencement of political year. —
Termination of political year. —
Governor, etc., term of office. —
Meetings for choice of governor,
lieutenant governor, etc., when to
be held. — Article, when to go into
operation. — Inconsistent provisions
annulled.
11. Religious freedom established.
12. Census of ratable polls to be taken in
1S37, and decennially thereafter. —
Representatives, how apportioned.
— ■ Towns having less than 300 rata-
ble polls, how represented. — Frac-
tions, how represented. — Towns
may unite into representative dis-
tricts. — The governor and council
to determine the number of repre-
sentatives to which each town is en-
titled. — New apportionment to be
made once in every ten years. — In-
consistent provisions annulled.
13. Census. — Senatorial districts declared
permanent. — House of representa-
tives, how apportioned. — Small
towns, how represented. — Towns
may unite into representative dis-
tricts. — Basis of representation and
ratio of increase. — The governor
and council to apportion the number
of representatives of each town once
in every ten years. — Councillors to
be chosen from the people at large.
— Qualifications of councillors. —
Property qualifications for seat in
general court or council abolished.
14. Election by people to be by plurality.
15. Time of annual election of governor,
lieutenant-governor and members of
the legislature.
16. Eight councillors to be chosen by the
people. — Legislature to district
state. — Proviso. — Eligibility de-
fined. — Day and manner of elec-
tion, etc. — Vacancies, how filled. — ■
Organization of government.
17. Election of secretary, treasurer, auditor
and attorney-general by the people.
— Vacancies, how filled. — - To qual-
ify within ten days, otherwise office
to be deemed vacant. — Qualifica-
tions.
18. School money not to be applied for sec-
tarian schools.
Article
19. Legislature to prescribe for election of
sheriffs, registers of probate, etc.
20. Reading constitution in English and
writing, necessary qualifications of
voters. — Proviso.
21. Census of voters and inhabitants. —
House of representatives to consist
of 240 members. — Legislature to
■ apportion, etc. — ■ Secretary shall cer-
tify to officers authorized to divide
counties. — Divnsion of counties. —
Qualifications of representatives. —
Districts to be numbered, described
and certified. — Quorum.
22. Census, etc. — Voters to be basis of
apportionment of senators. — Senate
to consist of 40 members. — Sena-
torial districts, etc. — Qualifications
of senators. — Quorum.
23. Residence of two years required of nat-
uralized citizens to entitle to suffrage
or make eligible to office.
24. Vacancies in senate.
25. Vacancies in council.
26. Amendments, Art. XXIII, relative to
length of residence required of nat-
uralized citizens to entitle to suf-
frage or make eligible to office, an-
nulled.
27. Officers of Harvard College may be
elected members of the general
court.
28. Persons having served in the U. S.
army or na\-y, etc., not to be disqual-
ified from voting, etc.
29. Voting precincts in towns.
30. Voters not disqualified by reason of
change of residence until six months
from time of removal.
31. Amendments, Art. XXVIII, amended.
— Person who served in army or
navy, etc., not disqualified from vot^
ing for having received aid or for
non-payment of poll tax, etc.
32. Provisions of Amendments, Art. Ill,
relative to payment of a tax as a vot-
ing qualification, annulled.
33. Quorum, in each branch of general
court, to consist of majority of mem-
bers.
34. Provisions of Const., Chap. II, Sect. I,
Art. II, relative to property qualifi-
cation of governor, annulled.
35. Provisions of Const., Chap. I, Sect. Ill,
Art. II, relative to expense of travel-
ling to the general assembly by mem-
bers of the house, annulled.
36. Provisions of Amendments, Art. XIX,
relative to providing for election of
commissioners of insolvency, an-
nulled.
37. Removal of justices of the peace and
notaries public.
CONSTITUTION OF MASSACHUSETTS.
21
39.
40.
41.
42.
43.
44.
45.
46.
Article
38. Voting machines may be used at elec-
tions.
Powers of legislature relative to excess
takings of land, etc., for laying out,
widening or relocating highways,
etc. — Proviso.
Amendments, Art. Ill, relative to qual-
ifications of voters, amended.
Taxation of wild or forest lands.
Referendum.
Powers of general court relative to the
taking of land, etc., to relieve con-
gestion of population and to provide
homes for citizens.
General court may provide for taxing
incomes.
General court may provide for absentee
voting.
Sect. 1. Religious freedom.
Sect. 2. Public money not to be ex-
pended to aid institutions not wholly
under public ownership and control,
etc. — Exceptions.
Sect. 3. Care or support in private
hospitals, etc., of persons who are
public charges.
Sect. 4. Inmates of certain institu-
tions not to be deprived of religious
exercises of their faith; nor com-
pelled to attend services, etc.
Sect. 5. Time of taking effect.
47. General court may provide for distri-
bution of food, etc., in time of war,
etc., by the commonwealth, cities
and towns.
Initiative and Referendum.
/. Definition.
The Initiative.
II. Initiative Petitions.
Sect. 1. Contents of initiative peti-
tion.
Sect. 2. Certain matters shall not be
proposed by initiative petition. • —
Duty of general court to carry out
law approved by the people. — Cer-
tain individual rights not to be sub-
ject of initiative or referendum pe-
tition. — Further excluded matters.
■ — Certain legislative limitations ex-
tended.
Sect. 3. Mode of originating, etc. —
Secretary of the commonwealth to
furnish blank forms, etc. — Time of
filing petitions.
Sect. 4. Transmission of proposed
measure to the general court.
III. Legislative Action. General Pro-
visions.
Sect. 1. Reference to legislative com-
mittee and report thereon.
Sect. 2. Legislative substitute for in-
itiative measure.
48.
Article
IV. Legislative Action on Proposed
Constitutional Amendments.
Sect. 1. Definition of initiative
amendment and legislative substi-
tute.
Sect. 2. Joint session to consider
amendment to the constitution. —
When governor shall call joint ses-
sion.
Sect. 3. Proposed amendment to the
constitution, form in which to be
voted upon.
Sect. 4. Final legislative action to be
taken by yeas and nays. — Refer-
ence to next general court.
Sect. 5. Submission of amendment
to the people. — When amendment
becomes part of the constitution.
V. Legislative Action on Proposed
Laws.
Sect. 1. Legislative procedure on
law proposed by initiative petition,
etc. — When measure becomes law
and takes effect.
Sect. 2. Amendment of proposed law
by petitioners and submission of
measure to people by secretary of
the commonwealth.
VI. Conflicting and Alternative Meos-
ures.
Conflicting and alternative measures,
which shall govern when approved
by the people, etc. — General court
may provide for grouping, etc., upon
the ballot. — Proviso. — Largest af-
firmative vote to prevail.
The Referendum.
/. When Statutes shall take Effect.
II. Emergency Measures.
Emergency law to contain preamble. —
How governor may cause certain
laws to take effect forthwith. — Ex-
ception.
///. Referendum Petitions.
Sect. 1. Contents of referendum pe-
tition.
Sect. 2. Certain matters shall not be
the subject of a referendum petition.
Sect. 3. Mode of petitioning for sus-
pension of a law and a referendum
thereon. — Duties of the secretary
of the commonwealth, etc. — Votes
necessary for approval, etc.
Sect. 4. Petition for referendum on
an emergency law or a law the sus-
pension of which is not asked for. —
Duties of the secretary of the com-
monwealth, etc. — Votes necessary
for approval, etc.
General Provisions.
/. Identijication and Certification of
Signatures.
II. Limitation on Signatures.
22
CONSTITUTION OF MASSACHUSETTS.
Article
III. Form of Ballot.
IV. Information for Voters.
V. The Veto Power of the Governor.
VI. The General Court's Power of Re-
peal.
VII. Amendment declared to be Self-
executing-
VIII. Articles IX and XLII of
Amendments of the Constitution an-
nulled.
49. Conservation, etc., of natural resources
of commonwealth.
50. Regulation by law of advertising on
public ways, etc.
51. General court may provide for taking
ancient landmarks, etc.
52. General court may take a recess.
63. Chap. II, Sect. I, Art. X, the last two
paragraphs of Amendments, Art. IV
and Amendments, Art. V, annulled
and superseded. — Military and na-
val officers, how appointed and re-
moved, etc.
64. Chap. II. Sect. I, Art. VII, annulled
and superseded. — Military and na-
val forces, recruitment, etc.
55. Chap. II, Sect. Ill, Art. VI, annulled
and superseded. — Order of succes-
sion in case of vacancy in offices of
governor and lieutenant-governor.
56. Return by governor to general court of
bill or resolve for amendment, etc.
57. Amendments, Art. IV, amended. —
Women may be appointed notaries
public, etc.
58. Chap. Ill, Art. I, amended. — Judicial
officers, retirement, etc.
59. Every charter, etc., subject to revoca-
tion, etc.
60. Building zones in cities and towns.
61. Compulsory voting at elections.
62. Sect. 1. Commonwealth's credit not
to be given to private enterprises.
Sect. 2. Commonwealth may borrow
money for certain purposes.
Sect. 3. Two-thirds yea and nay vote
of general court required to borrow
money for any other purpose.
Sect. 4. Expenditure of borrowed
money limited.
63. Sect. 1. Collection of revenue.
Sect. 2. The budget, contents, etc. —
General court to prescribe form, etc.
— Governor may require informa-
tion.
Sect. 3. The general appropriation
bill. — Supplementary budgets.
Sect. 4. Special appropriation bills
may be enacted, when.
Sect. 5. Governor may disapprove,
etc.. items or parts of items in any
appropriation bill, etc. — Items to
have force of law, unless, etc.
Article
64. Sect. 1. Biennial election of certain
state officers, councillors, senators
and representatives; terms of office.
Sect. 2. Treasurer ineligible for more
than three successive terms.
Sect. 3. General court to assemble
annually.
Sect. 4. When first election under
this article sh.all be held, etc.
65. Members of general court not to be
appointed to certain offices, nor re-
ceive compensation on recess com-
mittees, except, etc.
66. Organization of not more than twenty
departments to perform the execu-
tive and administrative work of the
commonwealth, except, etc.
67. Amendments, Art. XLVIII, amended.
— When yea and nay vote shall be
taken on emergency preamble.
68. Amendments, Art. Ill, relative to qual-
ifications of voters, amended to con-
form to Art. XIX of Amendments to
U. S. Constitution.
69. Sect. 1. Women not disqualified from
holding public office.
Sect. 2. Amendments, Art. IV as
amended by Art. LVII, further
amended. — Re-registration of fe-
male notary public when name is
changed.
70. Amendments, Art. II, amended. —
General court may establish limited
town meeting form of government
in towns containing more than six
thousand but less than twelve thou-
sand inhabitants. — Proviso.
71. Art. XXI of Amendments to the con-
stitution annulled and superseded. —
Census of inhabitants and enumera-
tion of legal voters, when taken. —
Special enumeration to specify num-
ber of legal voters in precincts of cer-
tain towns. — Basis for determining
representative districts. — Proviso.
— House of representatives to con-
sist of 240 members. — General
court to apportion, etc. — Secretary
shall certify to officers authorized to
divide counties. — County commis-
sioners or board of special commis-
sioners provided by law shall divide
a county into representative dis-
tricts. — • Changing the time of as-
sembling for such purpose. — No
town containing less than twelve
thousand inhabitants, no precinct of
any other town and no ward of a
city shall be divided. — Authorizing
limitation of actions calling repre-
sentative districting in question. —
Qualifications of representatives. —
CONSTITUTION OF MASSACHUSETTS.
23
Article
Districts to be numbered, described
and certified.
Art. XXII of Amendments to the con-
stitution annulled and superseded. —
Basis for determining senatorial and
councillor districts. — Proviso. —
Article
Senate to consist of 40 members. —
General court shall establish dis-
tricts. — Proviso. — Authorizing lim-
itation of actions calling senatorial
districting in question. — Qualifica-
tions of senators.
PREAMBLE.
The end of the institution, maintenance, and administration of °''J*°*^°'
, . !■ 1 1 1 ,■ • government.
government, is to secure the existence oi the body politic, to protect
it, and to furnish the individuals who compose it with the power of
enjoying in safety and tranquillity their natural rights, and the bless-
ings of life: and whenever these great objects are not obtained, the
people have a right to alter the government, and to take measures
necessary for their safety, prosperity and happiness.
The body politic is formed by a voluntary association of individuals: Body politic,
it is a social compact, by which the whole people covenants with each itTni't™!.'''
citizen, and each citizen with the whole people, that all shall be gov-
erned by certain laws for the common good. It is the duty of the people,
therefore, in framing a constitution of government, to provide for an
equitable mode of making laws, as well as for an impartial interpreta-
tion, and a faithful execution of them; that every man may, at all
times, find his security in them.
We, therefore, the people of Massachusetts, acknowledging, with
grateful hearts, the goodness of the great Legislator of the universe,
in affording us, in the course of His providence, an opportunity, delib-
erately and peaceably, without fraud, violence or surprise, of entering
into an original, explicit, and solemn compact with each other; and
of forming a new constitution of civil government, for ourselves and
posterity; and devoutly imploring His direction in so interesting a
design, do agree upon, ordain and establish the following Declaration
of Rights, and Frame of Government, as the Constitution of thk
CojniONWEALTH OF MASSACHUSETTS.
PART THE FIRST.
A Declaration of the Rights of the Inhabitants of the Com-
monwealth of Massachusetts.
Article I. All men are born free and equal, and have certain Equality and
natural, essential, and unalienable rights; among which may be reck- SfSfmcn^'"^
oned the right of enjoying and defending their lives and liberties; that Jes MaS; 589!
of acquiring, possessing, and protecting property ; in fine, that of Hf HlH' |J|-
seeking and obtaining their safety and happiness.
200 Mass. 474, 482.
208 Mass. 607.
224 Mass. 122.
231 Mass. 90.
249 Mass. 477.
251 Mass. 6. 292, 569.
2B4 Mass. 460.
267 Mass. 607.
268 Mass. 373.
270 Mass. 7, 69.
271 Mass. 598.
4 Op. A. G. 138, 252.
Op. A. G. (1920) 74.
II. It is the right as well as the duty of all men in society, publicly. Right and duty
and at stated seasons to worship the Supreme Being, the great Cre- giou" worship
24
CONSTITUTION OF MASSACHUSETTS.
fherein'"" ^^°'" ^""^ PrescrA'cr of the universe. And no subject shall be hurt,
14 Mass. 340. molested, or restrained, in his person, liberty, or estate, for worshipping
2Cush.i04.' God in the manner and season most agreeable to the dictates of his
214 Ma°'s. 599. own conscieuce ; or for his religious profession or sentiments; provided
lop'^A.^G.^Ifs. he doth not disturb the public peace, or obstruct others in their
religious v,'orship.
See Amendments, Arts. XLVI and XLVIII.
Legislature
empowered to
compel provi-
sion for public
worship.
Amendments,
Art. XI, substi-
tuted for this.
Legislature
to enjoin
attendance.
Exclusive right
of electing reli-
gious teachers
secured.
Option as to _
whom parochial
taxes may be
paid, unless,
etc.
All denomina-
tions equally
protected.
No subordina-
tion of one sect
to another.
Right of self-
government
secured.
See Art. X of
Amendments
to U. S. Const.
Accountability
of all officers,
etc.
Services ren-
dered to the
public being
the only title to
peculiar privi-
leges, heredi-
tary offices are
III. [As the happiness of a people, and the good order and pres-
ervation of civil government, essentially depend upon piety, religion
and morality; and as these cannot be generally diffused through a
community, but by the institution of the public worship of God, and
of public instructions in piety, religion and morality: Therefore, to
promote their happiness and to secure the good order and preservation
of their government, the people of this commonwealth have a right
to invest their legislature with power to authorize and require, and the
legislature shall, from time to time, authorize and require, the several
towns, parishes, precincts, and other bodies politic, or religious societies,
to make suitable provision, at their own expense, for the institution
of the public worship of God, and for the support and maintenance
of public Protestant teachers of piety, religion and morality, in all
cases where such provision shall not be made voluntarily.
And the people of this commonwealth have also a right to, and do,
invest their legislature with authority to enjoin upon all the subjects
an attendance upon the instructions of the public teachers aforesaid,
at stated times and seasons, if there be any on whose instructions they
can conscientiously and conveniently attend.
Provided, notwithstanding, that the several towns, parishes, pre-
cincts, and other bodies politic, or religious societies, shall, at all times,
have the exclusive right of electing their public teachers, and of con-
tracting with them for their support and maintenance.
And all moneys paid by the subject to the support of public worship,
and of the public teachers aforesaid, shall, if he require it, be uniformly
applied to the support of the public teacher or teachers of his own
religious sect or denomination, provided there be any on whose instruc-
tions he attends; otherwise it may be paid towards the support of the
teacher or teachers of the parish or precinct in which the said moneys
are raised.
And every denomination of Christians, demeaning themselves peace-
ably, and as good subjects of the commonwealth, shall be equally under
the protection of the law: and no subordination of any one sect or
denomination to another shall ever be established by law.]
IV. The people of this commonwealth have the sole and exclusive
right of governing themselves, as a free, sovereign, and independent
state; and do, and forever hereafter shall, exercise and enjoy every
power, jurisdiction, and right, which is not, or may not hereafter, be
by them [expressly] delegated to the United States of America in Congress
assembled.
V. All power residing originally in the people, and being derived
from them, the several magistrates and officers of government, vested
with authority, whether legislative, executive, or judicial, are their
substitutes and agents, and are at all times aceouiital)k' to them.
VI. No man, nor corporation, or association of men, have any other
title to obtain advantages, or particular and exclusive privileges, dis-
tinct from those of the community, than what arises from the consid-
eration of services rendered to the public; anil this title being in nature
CONSTITXrriON OF MASSACHUSETTS. 25
neither hereditary, nor transmissible to children, or descendants, or absurd and
relations by blood, the idea of a man born a magistrate, lawgiver, or 3Piok"^462.
judge, is absurd and unnatural.
lec, Mass. 171 226 Mass. 2S6. 269 Mass. 410.
167 Mass. 2fl0. 23.5 Mass. 320. 270 Mass. 7.
175 Mass. 599. 255 Mass. 160. 1 Op. A. G. 340.
VII. Government is instituted for the common good; for the pro- objects of gov-
tection, safety, prosperity and hap])iness of the people; and not for pf^pfe t"^*"
the profit, honor, or pri\ate interest of any one man, family, or class chan^'it^"*^
of men : Therefore the people alone have an incontestable, unalienable, ^35 Mass. 320.
and indefeasible right to institute government; and to reform, alter, 269 Mass! 410!
or totally change the same, when their protection, safety, prosperity iop.a'g.mo.
and happiness require it.
VIII. In order to prevent those, who are vested with authority, Right of people
from becoming oppressors, the people have a right, at such periods and tiorfiToffi^e*'
in such manner as they shall establish by their frame of government, ^^ ^^''^^' ^^°'
to cause their public officers to return to private life; and to fill up
vacant places by certain and regular elections and appointments.
IX. All elections ought to be free; and all the inhabitants of this ah having the
commonwealth, having such qualifications as they shall establish by presrfiSjT™
their frame of government, have an equal right to elect oflScers, and to offi^e!'''^''''*
to be elected, for public employments. 122 Mass. 594.
160 Mass. 586. 228 Mass. 63. 1 Op. A. G. 449.
200 Mass. 152. 240 Mass. 264, 601, 611. 3 Op. A. G. 497, 507.
For the definition of "inhabitant" see Part the Second, Ch. I, Sect. II, Art. II.
For absent voting, see Amendments, Art. XLV.
Freedom of elections not to be the subject of an initiative or referendum petition. See Amend-
ments, Art. XLVIII. The Initiative, II, § 2.
For compulsory voting, see Amendments, Art. LXI.
For eligibility of women to pubhc office, see Amendments, Art. LXIX, § 1.
X. Each individual of the society has a right to be protected by Right of protec-
it in the enjoyment of his life, liberty and property, according to stand- of°contribu"tion
ing laws. He is obliged, consequently, to contribute his share to the AiiTaws™'
expense of this protection ; to give his personal service, or an equivalent, l°^'^^f °°
when necessary: but no part of the property of any individual can, 4Aifen^466
with justice, be taken from him, or applied to public uses, without ws Mass. 262,
his own consent, or that of the representative body of the people. In 111 Mass. 125.
fine, the people of this commonwealth are not controllable by any other lieMass. 433.
laws than those to which their constitutional representative body have {I5 Mast 175!
given their consent. And whenever the public exigencies require that ^4^ '^''^^ ^^•
the property of any individual should be appropriated to public uses, }|^ ^^l- 10|-
he shall receive a reasonable compensation therefor. 364.
161 Mass. 302. 240 Mass. 264. 264 Mass. 460.
174 Mass. 476. 242 Mass. 78, 95. 267 Mass. 607.
191 Mass. 64.5. 244 Mass. 530. 268 Mass. 121, 373, 480.
197 Mass. 279. 247 Mass 46. 270 Mass. 7, 348, 593.
201 Mass. 23. 249 Mass. 477. 271 Mass. 172. 598.
224 Mass. 122. 250 Mass. 52, 63, 73. 245 U. S. 366.
230 Mass. 1. 251 Mass. 569. 3 Op. A. G. 160.
231 Mass. 99. 257 Mass. 108, 153. 4 Op. A. G. 48.1.
232 Mass. 309. 261 Mass. 523. Op. A. G. (1919) 107.
233 Mass. 190.
Private property not to be taken for public uses without, etc.
7 Pick. 344. 106 Mass. 356. 158 Mass. 509.
12 Pick. 467. 108 Mass. 202, 208. 169 Mass. 417.
6 Gush. 327. Ill Mass. 125. ' 173 Mass. 495.
2 Gray, 1. 113 Mass. 40. 178 Mass. 199. 330, 363.
7 Gray, 359. 126 Mass. 427, 438. 188 Mass. 348.
14 Gray, 155. 127 Mass. 50, 358, 408. 194 Mass. 80.
16 Gray, 417. 129 Mass. 559. 203 Mass. 26.
I Allen, 150. 136 Ma.ss. 75. 159 U. S. 380.
II Allen, 530. 137 Mass. 478. 1 Op. A. G. 62, 224, 327.
12 Allen, 223. 142 Mass. 394. 2 Op. A. G. 72, 283, 423.
100 Mass. 544. 145 Mass. 509. 3 Op. A. G. 273, 375, 396.
103 Mass. 120. 152 Mass. 540. 4 Op. A. G. 244, 541.
F9r certain public uses, see Amendments, Arts. XLIII, XL VII and LI.
Right to receive compensation for private property appropriated to public use not to be the sub-
ject of an initiative or referendum petition. See Amendments, Art. XLVIII, The Initiative, II, § 2.
26
Remedies, by
recourse to the
law. to be free,
complete and
prompt.
224 Mass. 122.
225 Mass. 217.
227 Mass. 46.
228 Mass. 63.
235 Mass. 357.
242 Mass.
78, 95.
Prosecutions
regulated.
8 Pick. 211.
10 Pick. 9.
18 Pick. 434.
21 Pick. 542.
2 Met. 329.
12Cush. 246.
1 Gray, 1.
5 Gray, 144.
8 Gray. 329.
10 Gray, 11.
11 Gray, 438.
2 Allen, 361.
11 .\llen, 2.38,
264. 439, 473.
12 Allen, 155.
97 Mass. 570.
CON.STITUTION OF MASSACHUSETT.S.
XI. Every subject of the comniomvealtli ought to find a certain
remedy, by having recourse to the laws, for all injuries or wrongs which
he may receive in his person, property, or character. He ought to
obtain right and justice freely, and without being obliged to purchase
it; completely, and without any denial; promptly, and without delay;
conformably to the laws.
247 Mass. 496. 251 Mass. 569.
XII. No subject shall be held to answer for any crimes or offence,
until the same is fully and plainly, substantially and formally, described
to him; or be compelled to accuse, or furnish evidence against himself.
And every subject shall have a right to produce all proofs, that may
be favorable to him; to meet the witnesses against him face to face,
and to be fullv heard in his defence by himself, or his counsel, at his
election. And no subject shall be arrested, imprisoned, despoiled, or
deprived of his property, immunities, or privileges, put out of the
protection of the law, exiled, or deprived of his life, liberty, or estate,
but by the judgment of his peers, or the law of the land.
__ -. ,.,.^ «» nnn ..no OAT AToco P.nn
100 Mass
107 Mass.
108 Mass.
118 Mass.
120 Mass.
122 Mass.
124 Mass.
127 Mass.
129 Mass.
132 Mass.
133 Mass.
141 Mass.
149 Mass.
150 Mass.
158 Mass.
162 Mass.
163 Mass.
169 Mass,
170 Mass
172 Mass
287.
172.
5.
443.
118.
330.
464.
550.
489. 559.
12.
503. 578.
203.
550.
66. 334.
598.
90.
411.
387.
328.
311.
173 Mass.
175 Mass.
179 Mass.
184 Mass.
189 Mass.
201 Mass.
207 Mass.
218 Mass.
231 Mass.
232 Mass.
233 Mass.
235 Mass.
236 Mass.
237 Mass.
240 Mass.
241 Mass.
242 Mass.
245 Mass.
246 Mass.
322. 498.
71.
131.
198.
12.
23.
240, 259.
507.
99.
88. 309.
190.
3.57.
310, 516.
422, 591.
264.
406.
78, 95.
405.
12, 507.
247 Mass
248 Mass.
249 Mass.
252 Mass.
254 Mass.
255 Mass.
257 Mass.
258 Mass.
259 Mass.
261 Mass.
264 Mass.
265 Mass.
267 Mass.
268 Mass.
209 Mass.
270 Mass.
271 Mass.
272 Mass.
3 Op. A. G
500.
1.
235, 477.
126.
190.
9. 369.
172.
98.
453.
484.
460.
358.
607.
373. 443.
598.
69.
172. 598.
25.
.396.
Right to trial
by jury in
criminal cases,
except, etc.
8 Gray,
329, 373.
n ^ iviasB. oil.
Right of access to and protection in courts of justice not to be the subject of an initiative or ref-
erendum petition. See Amendments, An. XLVIII, The Initiative, 11, § 2.
And the legislature shall not make any law, that shall subject any
person to a capital or infamous punishment, excepting for the govern-
ment of the armv and navy, without trial by jury.
Op. A. a (1920) 95.
103 Mass. 412.
122 Mass. 330.
135 Mass. 48.
228 Mass. 63.
See Amend-
Crimes to he
proved in the
vicinity.
2 Pick. 550.
121 Mass. 61.
151 Mass. 419.
Right of search
and seizure
regulated.
Const, of U. S.,
Amend't IV.
2 Met. 329.
5 Cush. 369.
1 Gray, 1.
13 Gray, 454.
10 Allen, 403.
100 Mass. 136.
126 Mass. 269.
132 Mass. 12.
152 Mass. 540.
172 Mass. 311.
203 Mass. 516.
209 Mass. 396.
243 Mass. 356.
Right of trial by jury not to be the subject of an initiative or referendum petition,
mcnts, Art. XLVIII, The Initiative, II, § 2.
XIII. In criminal prosecutions, the verification of facts in the vicinity
where they happen, is one of the greatest securities of the life, liberty,
and property of the citizen.
208 Mass. 162. 250 Mass. 309. 267 Mass. 591.
XIV. Every subject has a right to be secure from all unreasonable
searches, and seizures, of his person, his houses, his papers, and all his
possessions. All warrants, therefore, are contrary to this right, if the
cause or foundation of tliem be not prc\iously supported by oath or
affirmation; and if the order in the warrant to a civil officer, to make
search in suspected places, or to arrest one or more suspected persons,
or to seize their property, be not accompanied with a special designa-
tion of the persons or objects of search, arrest, or seizure: and no war-
rant ought to be issued but in cases, and with the formalities prescribed
by the laws.
246 Mass. 507.
259 Mass. 453.
Protection from unreasonable search not to be the subject of an initiative or referendum petition.
See Amendments, Art. XLVIU, The Initiative. II, § 2.
CONSTITUTION OF MASSACHUSETTS. 27
XV. In all controversies concerning property, and in all suits RiKhttotmi
between two or more persons, except in cases in which it has hereto- ^Lip'^l^tc" '
fore been otherways used and practised, the parties have a right to a Amend"/ vii'^"
trial by jury; and this method of procedure shall be held sacred, unless, | pi^™382^'
in causes arising on the high seas, and such as relate to mariners' wages, ^ f}'^- •'.'' *;
the legislature shall hereafter find it necessary to alter it.
8 Grav, 373. 135 Mass. 490. 229 Mass. 478.
11 .\llen, 574. 149 Mass. 550. 230 Mass. 197.
102 Mass. 4.5. 152 Mass. 416. 232 Mass. 88.
114 Mass. 388. 163 Mass. 446. 237 Mass. .591.
120 Ma,ss. 320. 173 Mass. 68. 257 Mass. 172.
122 Mass. 505. 176 Mass. 229. 259 Mass. 453.
123 Mass. 590. 180 Mass. 334. 377. 261 Mass. 299.
124 Mass. 464. 183 Mass. 189. 263 Mass. 121.
125 Mass. 182. 189 Mass. 296. 268 Mass. 373.
128 Mass. 600. 205 Mass. 458. 269 Mass. 379.
130 Mass. 236. 215 Mass. 467. Op. A. G. (1917) 77.
Right of trial by jury not to be the subject of an initiative or referendum petition. See Amend-
ments, Art. XLVIII, The Initiative, II, § 2.
XVI. The liberty of the press is essential to the security of freedom Liberty of the
in a state: it ought not, therefore, to be restrained in this common- 20'^picii 206
wealth. 4 Op. A. G. 135.
Freedom of the press not to be the subject of an initiative or referendum petition. See Amend-
ments, -Art. XLVIII, The Initiative, II, § 2.
XVII. The people have a right to keep and to bear arms for the Right to
common defence. And as, in time of peace, armies are dangerous to bea?ar"m3
liberty, they ought not to be maintained without the consent of the dlngc'rous"™""
legislature; and the military power shall always be held in an exact ^^jjj,'r''j'i^p°J^j^''
subordination to the civil authority, and be governed by it. civil.
5 Gray, 121. 166 Mass. 171. 1 Op. A. G. 552.
XVIII. A frequent recurrence to the fundamental principles of the Moral quaiieca-
constitution, and a constant adherence to those of piety, justice, mod- 4'op.a!^ 0.4^8.
eration, temperance, industry, and frugality, are absolutely necessary
to preserve the advantages of liberty, and to maintain a free govern-
ment. The people ought, consequently, to have a particular attention
to all those principles, in the choice of their officers and representatives:
and they have a right to require of their lawgivers and magistrates, an Moral obiiga-
e.xact and constant observance of them, in the formation and execution givers°and"'
of the laws necessary for the good administration of the commonwealth. ™=»sistrates.
XIX. The people have a right, in an orderly and peaceable manner. Right of people
to assemble to consult upon the common good; give instructions to peiweabiV.^
their representatives, and to request of the legislative body, by the Jesmtatlver"^
way of addresses, petitions, or remonstrances, redress of the wrongs fj'tsi'ature'''""
done them, and of the grievances they suffer.
151 Mass. 50. 156 Mass. 57. 224 Mass. 176. 265 Mass. 425.
Right of peaceable assembly not to be the subject of an initiative or referendum petition. See
Amendments, Art. XLVIII, The Initiative, II, § 2.
XX. The power of suspending the laws, or the execution of the Power to sus-
laws, ought never to be exercised but by the legislature, or by authority orUieirexecu-
derived from it, to be exercised in such particular cases only as the I'e Mass. 326.
legislature shall expressly provide for. ^** ^^^^^- ^^^■
Modified by the initiative and referendum. See Amendments, Art. XLVIII, I, Definition.
XXI. The freedom of deliberation, speech and debate, in either Freedom of de-
house of the legislature, is so essential to the rights of the people, that reason therefor.
it cannot be the foundation of any accusation or prosecution, action 205 Mass. 19.
or complaint, in any other court or place whatsoever.
Freedom of speech not to be the subject of an initiative or referendum petition. See Amendments,
Art. XLVIII, The Initiative, IL § 2.
28
CONSTITUTION OF MASSACHUSETTS.
Frequent ses-
sions, and ob-
jects thereof.
No tax without
consent.
8 Allen, 247.
279 U. S. 620.
Ex post facto
laws prohibited.
12 Allen, 421,
424, 428.
1.55 Mass. 162.
172 Mass. 264.
173 Mass. 322.
Legislature not
to convict of
treason, etc.
Excessive bail
or fines, and
cruel punish-
ments, pro-
hibited.
XXII. The legislature ought frequently to assemble for the redress
of grievances, for correcting, strengthening and confirming the laws,
and for making new laws, as the common good may require.
XXIII. No subsidy, charge, tax, impost, or duties, ought to be estab-
lished, fixed, laid, or levied, under any pretext whatsoever, without the
consent of the people or their representatives in the legislature.
XXIV. Laws made to punish for actions done before the existence
of such laws, and which have not been declared crimes by preceding
laws, are unjust, oppressi\e, and inconsistent with the fundamental
principles of a free government.
ISO Mass. 57. 265 Mass. 135. 272 Mass. 113.
XXV. No subject ought, in any case, or in any time, to be declared
guilty of treason or felony by the legislature.
XXVI. No magistrate or court of law, shall demand excessive bail
or sureties, impose excessive fines, or inflict cruel or unusual punishments.
5 Gray, 482. 173 Mass. 322. 267 Mass. 496. 180 U. S. 311.
165 Mass 66. 178 Mass. 549. 272 Mass. 113. 217 U. S. 349.
Protection from unreasonable bail not to be the subject of an initiative or referendum petition.
See Amendments, Art. XLVIII, The Initiative, II, § 2.
No soldier to be XXVII. Ill time of pcace, no soldier ought to be quartered in any
any house, house without the conscut of the owner; and in time of war, such
ess, e c. quarters ought not to be made but by the civil magistrate, in a manner
ordained by the legislature.
fromlat-ma??* XXVIII. No pcnson Can in any case be subject to law-martial, or
tiai, unless, etc. to any penalties or pains, by virtue of that law, except those employed
in the army or navy, and except the militia in actual service, but by
authority of the legislature.
Protection from law-martial not to be the subject of an initiative or referendum petition. See
Amendments, Art. XLVIII, The Initiative, II, § 2.
XXIX. It is essential to the preservation of the rights of every
individual, his life, liberty, property, and character, that there be an
impartial interpretation of the laws, and administration of justice.
It is the right of every citizen to be tried by judges as free, impartial
and independent as the lot of humanity will admit. It is, therefore,
not only the best policy, but for the security of the rights of the people,
and of every citizen, that the judges of the supreme judicial court
should hold their offices as long as they behave themselves well; and
that they should have honorable salaries ascertained and established
by standing laws.
272 Mass. 19, 25.
Tenure of their ofEcp, etc.. not to be the subject of an initiative or referendum petition. See Amend-
ments, Art. XLVIII, The Initiative, II, § 2, The Referendum, III, § 2.
XXX. In the government of this commonwealth, the legislative
department shall never exercise the executive and judicial powers, or
either of them: the executive shall never exercise the legislative and
icial powers, or either of them: the judicial shall never exercise the
islative and executive powers, or either of them: to the end it may
be a government of laws and not of men.
Judges of su-
preme judicial
court. Tenure
of their office.
Salaries.
3 Pick. 462.
1 Grav, 472.
4 Allen, 591.
7 Allen, 385.
105 Mass. 219,
225
208' Mass. 162.
229 Mass. 421.
236 Mass. 310.
249 Mass. 95.
257 Mass. 153.
261 Mass. 12.
268 Mass. 373.
Separation of
legislative,
executive and
judicial depart-
ments.
7 Met. 388.
2 Cush. 677.
2 Allen, 361.
8 Allen, 247.
100 Mass. 282.
114 Mass. 247.
judi
leg
116 Mass. 315.
129 Mass. 559.
130 Mass. 357.
136 Mass. 239.
142 Mass. 200.
143 Mass. 490.
174 Mass. 514.
175 Mass. 71.
183 Mass. 535.
201 Mass. 609.
207 Mass. 577.
208 Mass. 610.
212 Mass. 127.
214 Mass. 602.
224 Mass. 122.
231 Mass. 99.
236 Mass. 310.
237 Mass. 619.
240 Mass. 264.
242 Mass. 78. 95.
246 Mass. 464.
231 Mass. 669.
254 Mass. 342.
255 Mass. 160.
258 Mass. 289.
261 Mass. 556.
263 Mass. 444.
271 Mass. 172.
1 Op. A. C. 192, 233.
3 0p. A. G.219, 424. .507.
4 Op. A. G. 41,53, 199.
Op. A. G. (1920) 92.
For initiative and referendum, sec Amendments. .\rt. XL\'in.
For organization of executive, etc., work of the Commoiuvcalth in not more than twenty depart-
ments, see Amendments, Art. LXVI.
CONSTITUTION OF MASSACHUSETTS. 29
PART THE SECOND.
The Frame of Government.
The people, inhabiting the territory formerly called the Province Title of body
of Massachusetts Baj-, do hereby solemnly and mutually agree with p°'""'-
each other, to form themselves into a free, sovereign, and independ-
ent body politic, or state, by the name of The Commonwealth of
Massachusetts.
CHAPTER I.
THE LEGISLATIVE POWER.
Section I.
The General Court.
Article I. The department of legislation shall be formed by two Legislative
branches, a Senate and House of Representatives: each of which shall 239 Ma"r349.
have a negative on the other. The legislative body shall assemble every figigy 2i.
year [on the last Wednesday in May, and at such other times as they For change of
shall judge necessary; and shall dissolve and be dissolved on the day Amendment's';
next preceding the said last Wednesday in May;] and shall be styled, ^'- ^■
The General Court of Massachusetts.
H. No bill or resolve of the senate or house of representatives shall °°o"°°'''^
become a law, and have force as such, until it shall have been laid 9° m^^s eae.
before the governor for his revisal; and if he, upon such revision, ap- lOp. a^'g. les.
prove thereof, he shall signify his approbation by signing the same. ^ ^p- ^- '^^ ®*2.
But if he have any objection to the passing of such bill or resolve, he
shall return the same, together with his objections thereto, in writing,
to the senate or house of rejjresentatives, in whichsoever the same
shall have originated ; who shall enter the objections sent down by the
governor, at large, on their records, and proceed to reconsider the said
bill or resolve. But if after such reconsideration, two thirds of the Bin may be
said senate or house of representatives, shall, notwithstanding the said rhfrd3''o'f''elrh
objections, agree to pass the same, it shall, together with the objections, ^SJ^jVng
be sent to the other branch of the legislature, where it shall also be ige Mass. eos.
reconsidered, and if approved by two thirds of the members present, 227 Mass! sss!
shall have the force of a law: but in all such cases, the votes of both sopiAlGitii!
houses shall be determined by yeas and nays; and the names of the
persons voting for, or against, the said bill or resolve, shall be entered
upon the public records of the commonwealth.
For right of governor to return bill or resolve for amendment, see Amendments. Art. LVI.
For disapproval or reduction by the governor of items in bills appropriating money, see Amend-
ments, Art. LXni, § 5.
And in order to prevent unnecessary delays, if any bill or resolve Biii or resolve
shall not be returned by the governor within five days after it shall have w'ith'in fi^lys
been presented, the same shall have the force of a law. *" >"= ''''^•
135 Mass. 594. 192 Mass. 15. 3 Op. A. G. 414.
For exception in case of adjournment of the general court within the five days, see Amendments,
Art. I.
HI. The general court shall forever have full power and authority General court
to erect and constitute judicatories and courts of record, or other courts, j"dTcator?e's?'°
to be held in the name of the commonwealth, for the hearing, trying, oXetc.' ""^
and determining of all manner of crimes, offences, pleas, processes, i2^Gray,^i47,
154.
30
CONSTITUTION OF MASSACHUSETTS.
228 Mass. 63.
246 Mass. 464.
269 Mass. 503.
271 Mass. 575.
See Amend-
ments, Art.
XLVIII. The
Initiative. 11,
§ 2, and The
Referendum,
in, §2.
Courts, etc..
may administer
oaths.
General court
may enact laws,
etc., not re-
pugnant to the
constitution:
may provide for
the election or
appointment
of ofBcers,
prescribe their
duties, etc.
9 Grav. 426.
4 Allen, 466.
6 Allen, 3.53.
14 Allen, 359.
mo Mass. 544.
Ill Mass. 4.54.
132 Mass. 542.
136 Mass. 75.
138 Mass. 601.
148 Mass. 375.
150 Mass. 592.
153 Mass. 566.
154 Mass. 115.
679
155 Mass. 117,
598.
158 Mass. 299.
160 Mass. 156,
586.
162 Mass. 113,
510.
164 Mass. 54,
338.
165 Mass. 287.
462, 599.
166 Mass. 83.
589.
172 Mass. 311.
173 Mass. 119.
175 Mass. 154.
171) Mass. 9,
210, 290.
177 Mass. 434.
178 Mass. 199.
180 Mass. 274.
293.
18l'Mas8. 383.
183 Mass. 242.
185 Mass. 10,
18.
191 Mass. 545.
plaints, actions, matters, causes and things, whatsoever, arising or
happening within the commonwealth, or between or concerning persons
inhabiting, or residing, or brought within the same, whether the same
be criminal or ci\il, or whether the said crimes be capital or not capital,
and whether the said pleas be real, personal, or mixed; and for the
awarding and making out of execution thereupon. To which courts
and judicatories are hereby given and granted full power and authority,
from time to time, to administer oaths or affirmations, for the better dis-
covery of truth in any matter in controversy or depending before them.
IV. And further, full power and authority are hereby given and
granted to the said general court, from time to time, to make, ordain,
and establish, all manner of wholesome and reasonable orders, laws,
statutes, and ordinances, directions and instructions, either with pen-
alties or without; so as the same be not repugnant or contrary to this
constitution, as they shall judge to be for the good and welfare of this
commonwealth, and for the government and ordering thereof, and of
the subjects of the same, and for the necessary support and defence of
the government thereof; and to name and settle annually, or provide
by fixed laws, for the naming and settling all civil officers within the
said commonwealth; the election and constitution of whom are not
hereafter in this form of government otherwise provided for; and to
set forth the several duties, powers, and limits, of the several civil and
military officers of this commonwealth, and the forms of such oaths or
affirmations as shall be respectively administered unto them for the
execution of their several offices and places, so as the same be not
repugnant or contrary to this constitution; and to impose and levy
proportional and reasonable assessments, rates, and taxes, upon all
the inhabitants of, and persons resident, and estates lying, within the
said commonwealth; and also to impose and levy, rea.sonable duties
and excises, upon any produce, goods, wares, merchandise, and com-
modities, whatsoever, brought into, produced, manufactured, or being
within the same; to be issued and disposed of by warrant, under the
hand of the governor of this commonwealth for the time being, with
the advice and consent of the council, for the public service, in the
necessary defence and support of the government of the said common-
wealth, and the protection and preservation of the subjects thereof,
according to such acts as are or shall be in force within the same.
500.
203 Mass. 26.
209 Mass. 607.
211 Mass. 624.
216 Mass. 356, 605.
221 Mass. 323.
232 Mass. 88.
234 Mass. 612.
237 Mass. 422, 493.
623.
238 Mass. 432.
239 Mass. 424, 434,
240 Mass. 611, 616.
246 Mass. 464.
May impose taxes, etc.
12 Mass. 252.
5 Allen, 428.
6 Allen, 558.
8 Allen, 247. 256.
12 Allen, 75,
312, 500, 612.
98 Mass. 19.
100 Mass. 282.
101 Mass. 575.
247 Mass. 191,
250 Mass. 591.
256 Mass. 512.
259 Mass. 1.
261 Mass. 523, 556.
262 Mass. 603,
264 Mass. 396.
266 Mass. 583, 590.
268 Mass. 443, 480.
269 Mass. 67, 410, 503,
598.
270 Mass. 593.
271 Mass. 172.
to be disposed of for defence, etc.
197 U. S. 11.
260 U. S. 309.
2 0p. A. G. 161, 264,
326, 584.
3 Op. A. G. 109, 280, 384,
388, 526, 538.
4 Op. A. G. 20, 27, 41, 48, 183,
207, 252, 259, 265, 276, 289,
337, 386, 407, 422, 483, 519.
521, 529. 5.53, 557.
Op.
Op.
Op.
103 M.as3. 207.
114 Mass. 388.
118 Mass. 386.
123 Mass. 493.
120 Mass, 547.
127 Muss. 40S.
133 Mass. 161.
134 Mass. 419.
145 Mass. 108.
1S3 Mass. 333.
IS.S Mass. 239.
19U Mass, no.
UW Mass. 406.
19ti .Mass. 603.
199 Mass. 96.
224 Mass, 31.
226 Mass. 268.
A. G. (1917) 24, 77.
A. G. (1919) 32.
A. G. (1920) 97.
228 Mass. 101, 117.
232 Mass. 28.
233 Mass. 190.
234 Mass. 42.
24C U. S. 135, 146.
3 Op. AG. 294.
299, 409. 491, 495.
4 0p.A.G. 192,215.
Valuation of
estates once
And while the public charges of goxernuient, or any [lart thereof,
in ten years, shall be asscsscd ou polls and estates, in tlie manner that has hitherto
at least, while, , • i • i i i t l "j.!-
etc. been practised, in order that such assessments may be made witn
CONSTITUTION OF MASSACHUSETTS. 31
equality, there shall be a vahiation of estates within the common- 8 Alien, 217.
54
.192.
wealth taken anew once in every ten years at least, and as much oftener 4 Op^a.'g.'^''^'
as the general court shall order.
For the authority of the general court to charter cities and establish limited town meeting form of
government, see Amendments. Arts. II and LXX.
For additional taxing power given to the general court, see Amendments. Arts. XLI and XLIV.
For the state wide referendum on bills and resolves of the general court, see Amendments. Art. XLII
which was annulled by Amendments, Art. XI.V'III, General Provisions, VIII. '
For the initiative and referendum, see Amendments, Art. XLVIII.
For the power given the general court to provide by law for absentee and compulsory voting see
Amendments, Arts. XLV and LXI.
For the power given the general court to determine the manner of providing and distributing the
necessaries of life, etc., during time of war, public distress, etc.. by the commonwealth and the cities
and towns therein see Amendments, Art. XLVII.
CHAPTER I.
Section II.
Senaie.
Article I. [There shall be annually elected, by the freeholders and Senate, number
other inhabitants of this commonwealth, qualified as in this constitution elected." °™
is provided, forty persons to be councillors and senators for the year s^uperseS
ensuing their election; to be chosen by the inhabitants of the districts, %L^^frt.
into which the commonwealth may from time to time be divided by ^ni lxxi"
the general court for that purpose: and the general court in assigning
the numbers to be elected by the respective districts, shall govern
themselves by the proportion of the public taxes paid by the said dis-
tricts; and timely make known to the inhabitants of the commonwealth, For provision as
the limits of each district, and the number of councillors and senators seelmend-"'"'
to be chosen therein; provided that the number of such districts shall xv/lnd'*"'
never be less than thirteen; and that no district be so large as to entitle ^'^-'^^•
the same to choose more than six senators.
And the several counties in this commonwealth shall, until the general Counties to be
]••• •• , iii^t districts, until*
court shall determine it necessary to alter the said districts, be districts «*°-
for the choice of councillors and senators, (except that the counties of
Dukes County and Nantucket shall form one district for that purpose)
and shall elect the following number for councillors and senators, viz. : —
York Two
Dukes County \ p,
and Nantucket / ^°®
Worcester Five
Cumberland One
Lincoln One
Berkshire Two]
II. The senate shall be the first branch of the legislature; and the Manner and
senators shall be chosen in the following manner, viz. there shall be sinltors'Td'"^
a meeting on the [first Monday in April,] [annually,] forever, of the 237"MasT59i.
inhabitants of each town in the several counties of tliis commonwealth; ^39 Mass: era!
to be called by the selectmen, and warned in due course of law, at see Amend- _
least seven days before the [first Monday in April,] for the purpose of x^xlv'lxi
electing persons to be senators and councillors; [and at such meetings ^''''^■'^'^' * '•
every male inhabitant of twenty-one years of age and upwards, having see .\meid'-'
a freehold estate within the commonwealth, of the annual income of °"'°"' '^'^' "'
three pounds, or any estate of the value of sixty pounds, shall have a quaiificaUonso'f
right to give in his vote for the senators for the district of which he is 8e°d'ed'by''""
Suffolk
Six
Essex
Six
Middlesex
Five
Hampshire
Four
Plymouth
Tliree
Barnstable
One
Bristol
Three
32
CONSTITUTION OF MASSACHUSETTS.
Amendments,
Arts III, XX,
XXVIII,
XXX, XXXI,
XXXII and
XL.
Word "inha,bit'
ant" defined.
Selectmen to
preside at town
meetings.
Return of
votes.
Aa to cities, see
Amendments,
Art. II.
Time changed
to first Wednes-
day of January.
See .\mend-
ments, Art. X.
Inliabitants of
unincorporated
plantations
who pay state
taxes may
vote.
Plantation
meetings.
Assessors to
notify, etc.
Time of elec-
tion changed
by Amend-
ments, Arts.
X and XV.
Governor and
council to ex-
amine and
count votes,
and issue
summonses.
Time changed
to first
Wednesday in
January by
Amendments,
Art. X.
Majority
changed to
plurality by
Amendments,
Art. XIV.
Senate to be
final judge of
elections, etc.,
an inhabitant.] And to remove all doubts concerning the meaning of
the word "inhabitant" in this constitution, every person shall be con-
sidered as an inhabitant, for the purpose of electing and being elected
into any office, or place within this state, in that towTi, district or
plantation where he dwelleth, or hath his home.
3 Mass. 568. 7 Mass. 523. 5 Met. 298. 122 Mass. 594.
See also Amendments, Art. XXHI, which was annulled by Amendments, Art. XXVI.
The selectmen of the several towns shall preside at such meetings
impartially; and shall receive the votes of all the inhabitants of such
towns present and qualified to vote for senators, and shall sort and
count them in open town meeting, and in presence of the town clerk,
who shall make a fair record, in presence of the selectmen, and in open
town meeting, of the name of every person voted for, and of the number
of votes against his name: and a fair copy of this record shall be at-
tested by the selectmen and the town clerk, and shall be sealed up,
directed to the secretary of the commonwealth for the time being,
with a superscription, expressing the purport of the contents thereof,
and delivered by the town clerk of such towns, to the sheriff of the
county in which such town lies, thirty days at least before [the last
Wednesday in May] [annually:] or it shall be delivered into the sec-
retary's office seventeen days at least before the said [last Wednesday
in May :] and the sheriff of each county shall deliver all such certificates
by him received, into the secretary's office, seventeen days before the
said [last Wednesday in May.]
[And the inhabitants of plantations unincorporated, qualified as this
constitution provides, who are or shall be empowered and required
to assess taxes upon themselves toward the support of government,
shall have the same privilege of voting for councillors and senators in
the plantations where they reside, as town inhabitants have in their
respective towns; and the plantation meetings for that purpose shall
be held annually [on the same first Monday in April], at such place
in the plantations respectively, as the assessors thereof shall direct;
which assessors shall have like authority for notifying the electors,
collecting and returning the votes, as the selectmen and town clerks
have in their several towns, by this constitution. And all other persons
living in places unincorporated (qualified as aforesaid) who shall be
assessed to the support of government by the assessors of an adjacent
tow^n, shall have the privilege of giving in their votes for councillors
and senators in the town where they shall be assessed, and be notified
of the place of meeting by the selectmen of the town where they shall
be assessed, for that purpose accordingly.]
III. And that there may be a due convention of senators on the
[last Wednesday in May] annually, the governor with five of the council,
for the time being, shall, as soon as may be, examine the returned
copies of such records; and fourteen days before the said day he shall
issue his summons to such persons as shall appear to be chosen by
[a majority of] voters, to attend on that day, and take their seats accord-
ingly: provided nevertheless, that for the first year the said returned
copies shall be examined by the president and five of the council of the
former constitution of government; and the said president shall, in
like manner, issue his summons to the persons so elected, that they may
take their seats as aforesaid.
IV. The senate shall be the final judge of the elections, returns and
qualifications of their own members, as pointed out in the constitution;
CONSTITUTION OF MASSACHUSETTS. 33
and shall, [on the said last Wednesday in May] [annually,] determine of its own
and declare who are elected by each district, to be senators [I)y a majority 228"Ma?3. 63.
of votes; and in case there shall not appear to be the full number of Time changed
senators returned elected by a majority of votes for any district, the Wednesday of
deficiency shall be supplied in the following manner, viz. : The members Amendments.
of the house of representatives, and such senators as shall be declared ^' ^•
elected, shall take the names of .such persons as shall be found to have phan°g"ri*'to
the highest number of votes in such district, and not elected, amounting Amcmimc'Ss,
to twice the number of senators wanting, if there be so many voted for; ^'^- ^^^'■
and out of these shall elect by ballot a number of senators sufficient gued""^^' ^°'"
to fill up the vacancies in such district; and in this manner all such changed to
vacancies shall be filled up in every district of the commonwealth; and people"'^*'
in like manner all vacancies in the senate, arising by death, removal -''" f ""?"?'
,. , , „ ments. Art.
out of the state, or otherwise, shall be supplied as soon as may be, after xxiv.
such vacancies shall happen.]
V. Provided nevertheless, that no person shall be capable of being Qualifications
elected as a senator, [who is not seised in his own right of a freehold 240Mass.°6bi.
within this commonwealth, of the value of three hundred pounds at ^^* ^'^^- ^"■
least, or possessed of personal estate to the value of six hundred pounds quaiifcations
at least, or of both to the amount of the same sum, and] who has not Amendments.
been an inhabitant of this commonwealth for the space of five years ■*■"■ ^i'^-
immediately preceding his election, and at the time of his election, he
shall be an inhabitant in the district for which he shall be chosen.
As to residence, see also Amendments, Arts. XXII and LXXI.
VI. The senate shall have power to adjourn themselves, provided ll"o^nm,lt
such adjournments do not exceed two days at a time. ""'° '•"'° ''*^^-
See Amendments, Art. LII.
VII. The senate shall choose its own president, appoint its own shaii choose
officers, and determine its own rules of proceedings. estabirsh"ruie3.
239 Mass. 603.
VIII. The senate shall be a court with full authority to hear and shaiitryaii
. . 1111 p ' • imr)eacnnu'nts.
determine all impeachments made by the house of representatives, i«7 Mass. 599.
against any officer or officers of the commonwealth, for misconduct and 239 Kiass! i.w!
mal-administration in their offices. But previous to the trial of every ^^ ' *^
impeachment the members of the senate shall respectively be sworn,
truly and impartially to try and determine the charge in question,
according to evidence. Their iudgment, however shall not extend Limitation ot
further than to removal from office and disqualification to hold or
enjoy any place of honor, trust, or profit, under this commonwealth:
but the party so convicted, shall be, nevertheless, liable to indictment,
trial, judgment, and punishment, according to the laws of the land.
IX. [Not less than sixteen members of the senate shall constitute a Quorum,
quorum for doing business.]
See Amendments, Arts. XXII and XXXIII.
CHAPTER I.
Section III.
Home of Representatives.
Article I. There shall be, in the legislature of this commonwealth, Representation
a representation of the people, [annually] elected, and founded upon ° "" '^ •
the principle of equality.
For change to biennial elections, see -Amendments, Art. LXIV, § I.
34
CONSTITUTION OF MASSACHUSETTS.
Representa-
tives, by whom
chosen.
7 Mass. 523.
Provisions as
to represen-
tatives super-
seded. See
Amendments,
Arts. XII,
XIII, XXI
and LXXI.
Proviso as to
towns having
less than 150
ratable polls.
Towns liable
to fine in case,
etc.
Expenses of
travelling to
and from the
general court,
how paid.
Annulled by
Amendments,
Art. XXXV.
QuaUfications
of a repre-
sentative.
New provision
as to residence.
.See Amend-
ments, Arts.
XXI and
LXXI.
Qualifications
of a voter.
240 Mass. 601.
These provi-
sions super-
seded by
Amendments.
Arts. III. XX,
xxvni,xxx,
XXXI. XXXII
and XLV.
Representa-
tives, when
chosen.
House alone
can impeach.
210 Mass. 214.
240 Mass. 264.
House to origi-
nate all money
bills.
126 Mass. 547,
557.
Not to adjourn
more than two
days.
See Amend-
ments, Art. LII.
Quorum.
II. [And in order to provide for a representation of the citizens of
this commonwealth, founded upon the principle of equality, every cor-
porate town containing one hundred and fifty ratable polls, may elect
one representative: every corporate town, containing three hundred and
seventy-five ratable polls may elect two representatives: every corpo-
rate town containing six hundred ratable polls, may elect three rep-
resentatives: and proceeding in that manner, making two hundred and
twenty-five ratable polls, the mean increasing number for every addi-
tional representative.
Provided nevertheless, that each town now incorporated, not having
one hundred and fifty ratable polls, may elect one representative: but
no place shall hereafter be incorporated with the privilege of electing a
representative, unless there are within the same one hundred and fifty
ratable polls.]
And the house of representatives shall have power from time to time
to impose fines upon such towns as shall neglect to choose and return
members to the same, agreeably to this constitution.
[The expenses of travelling to the general assembly, and returning
home, once in every session, and no more, shall be paid by the govern-
ment, out of the public treasury, to every member who shall attend as
seasonably as he can, in the judgment of the house, and does not depart
without leave.]
III. Every member of the house of representatives shall be chosen
by written votes; [and for one year at least next preceding his election,
shall have been an inhabitant of, and have been seised in his own right
of a freehold of the value of one hundred pounds within the town he
shall be chosen to represent, or any ratable estate to the value of two
hundred pounds; and he shall cease to represent the said town im-
mediately on his ceasing to be qualified as aforesaid.]
Property qualifications abolished by Amendments, Art. XIII.
IV. [Every male person, being twenty-one years of age, and resident
in any particular town in this commonwealth for the space of one year
next preceding, having a freehold estate within the same town, of the
annual income of three pounds, or any estate of the value of sixty pounds,
shall have a right to vote in the choice of a representative, or repre-
sentatives for the said town.]
See also Amendments, Art. XXIII, which was annulled by Art. XXVI.
V. [The members of the house of representatives shall be chosen
annually in the month of May, ten days at least before the last Wednes-
day of that month.]
Time of election changed by Amendments, Art. X, and changed again by Amendments, Art. XV.
VI. The house of representatives shall be the grand inquest of this
commonwealth; and all impeachments made by them, shall be heard
and tried by the senate.
VII. All money bills shall originate in the house of representatives;
but the senate may propose or concur with amendments, as on other
bills.
VIII. The house of representatives shall have power to adjourn
themselves; provided such adjournment shall not exceed two days at a
time.
IX. [Not less than sixty members of the house of representatives,
shall constitute a quorum for doing business.]
See Amendments, .\rts. XXI and XXXIII.
CONSTITUTION OF MASSACHUSETTS. 35
X. The house of representatives shall be the judge of the returns, To judge of
elections, and qualifications of its own members, as pointed out in the [t*;' own' mem-"'
constitution; siiall ciioose their own speaker; appoint tiieir own officers, 'iroihVers'and*
and settle the rules and orders of proceeding in their own house: They establish its
shall ha\e authority to punish by imprisonment, every person, not a May punish
member, who shall be guilty of disrespect to the house, by any dis- offencel^'"
orderly, or contemptuous behavior, in its presence; or who, in the town ?4*^Grav*226
where the general court is sitting, and during the time of its sitting, ^23 uksa^sia.
shall threaten harm to the body or estate of any of its members, for any
thing said or done in the house; or who shall assault any of them there-
for; or who shall assault, or arrest, any witness, or other person, ordered
to attend the house, in his way in going or returning; or who shall
rescue any person arrested by the order of the house. Anrl no member Priwieges of
of the house of representatives shall be arrested, or held to bail on J'^ass^i, 29.
mesne process, during his going unto, returning from, or his attending 243 u T'52l
the general assembly.
XI. The senate shall have the same powers in the like cases; and ''^^^^^^^"and
the governor and council shall have the same authority to punish in like council may
cases. Provided that no imprisonment on the warrant or order of the General iimita-
governor, council, senate, or house of representatives, for either of the 14 Gray, 226.
above described offences, be for a term exceeding thirty days. ^*^ ^' ^' ^^''
And the senate and house of representatives may try, and determine, Trial may be
all cases where their rights and privileges are concerned, and which, by o? oThmvill^.^'
the constitution, they have authority to try and determine, by com- ^^^ ^^'^^- ^'®-
mittees of their own members, or in such other way as they may
respectively think best.
CHAPTER II.
EXECUTIVE POWER.
Section I.
Governor.
Article I. There shall be a supreme executive magistrate, who Governor.
shall be styled. The Governor of the Commonwealth of Massa-
chusetts; and whose title shall be — Hls Excellency. his title.
II. The governor shall be chosen [annuallv:] and no person shall To be chosen
be eligible to this ofhce, unless at the tune of his election, he shall have ^-to Mass. 601.
been an inhabitant of this commonwealth for seven vears next preced- 7f" "^^^s'' •'^
• riiiiii 1 •!•' Dicnnis.1 clcc~
ing; [and unless he shall at the same tune, be seised in his own right, tions.see
of a freehold within the commonwealth of the value of one thousand Art. lxiv,
pounds;] [and unless he shall declare himself to be of the Christian Qualifications,
religion.]
See Amendments, Arts. VII and XXXIV.
III. Those persons who shall be qualified to vote for senators and ^ ° t'lfe'^'^eTre
representatives within the several towns of this commonwealth, shall, by a majority'
at a meeting to be called for that purpose, on the [first Monday of April] i96 mTss. 410.
[annually,] give in their votes for a governor, to the selectmen, who lit Amlnd^-*^'
shall preside at such meetings; and the town clerk, in the presence and xLv^' ^''
with the assistance of the selectmen, shall, in open town meeting, sort Time of eicc-
and count the votes, and form a list of the persons voted for, with the by Vmend-^
number of votes for each person against his name; and shall make a an™x'v^"" ^
36
CONSTITUTION OF HL-VSSACHUSETTS.
As to cities, see
Amendments,
Art. II.
Time changed
to first
Wednesday of
January by
Amendments,
Art. X.
Changed to
plurality by
Amendments,
Art. XIV.
How chosen,
wiien no per-
son has a
majority.
Power of gov-
ernor and of
governor and
council.
190 Mass. 616.
May adjourn
or prorogue
general court
upon request,
and convene
the same.
As to dissolu-
tion, see
Amendments,
Art. X.
Governor and
council may
adjourn
general court
in cases, etc.,
but not ex-
ceeding ninety
days.
Governor to be
commander in
chief.
This article
annulled and
superseded by
Amendments,
Art. LIV.
fair record of the same in the town books, and a public declaration
thereof in the said meeting; and shall, in the presence of the inhabit-
ants, seal up copies of the said list, attested by him and the selectmen,
and transmit the same to the sheriff of the county thirty days at least
before the [last Wednesday in May]; and the sheriff shall transmit
the same to the secretary's office, seventeen days at least before the
said [last Wednesday in May]; or the selectmen may cause returns of
the same to be made to the office of the secretary of the commonwealth,
seventeen days at least before the said day; and the secretary shall
lay the same before the senate and the house of representatives, on the
[last Wednesday in May], to be by them examined: and in case of an
election by a [majority] of all the votes returned, the choice shall be by
them declared and published. But if no person shall have a [majority]
of votes, the house of representatives shall, by ballot, elect two out of
four persons \^'ho had the highest number of \'otes, if so many shall have
been voted for, but, if otherwise, out of the number voted for; and
make return to the senate of the two persons so elected; on which
the senate shall proceed, by ballot, to elect one, who shall be declared
governor.
IV. The governor shall have authority from time to time, at his
discretion, to assemble and call together the councillors of this com-
monwealth for the time being; and the governor with the said coun-
cillors, or five of them at least, shall, and may, from time to time, hold
and keep a council, for the ordering and directing the affairs of the
commonwealth, agreeably to the constitution and the laws of the
land.
V. The governor, with advice of council, shall have full power and
authority, during the session of the general court to adjourn or pro-
rogue the same to any time the two houses shall desire ; [and to dissolve
the same on the day next preceding the last Wednesday in May]; and,
in the recess of the said court, to prorogue the same from time to time,
not exceeding ninety days in any one recess; and to call it together
sooner than the time to which it may be adjourned or prorogued, if
the welfare of the commonwealth shall require the same: and in case
of any infectious distemper prevailing in the place where the said court
is next at any time to convene, or any other cause happening whereby
danger may arise to the health or lives of the members from their
attendance, he may direct the session to be held at some other, the
most convenient place within the state.
(And the governor shall dissolve the said general court on the day
next preceding the last Wednesday in May.]
VI. In cases of disagreement between the two houses, with regard
to the necessity, expediency or time of adjournment, or prorogation,
the governor, with advice of the council, shall have a right to adjourn
or prorogue the general court, not exceeding ninety days, as he shall
determine the public good shall require.
190 Mass. 616.
VII. [The governor of this commonwealth for the time being, shall
be the commander in chief of the army and navy, and of all the mili-
tary forces of the state, by sea and land; and shall have full power
by himself, or by any commander, or other officer or oflScers, from
time to time, to train, instruct, exercise and govern the militia and
navy; and, for the special defence and safety of the commonwealth, to
CONSTITUTION OF MASSACHUSETTS. 37
assemble in martial array, and put in warlike posture, the inhabitants
thereof, and to lead and conduct them, and with them to encounter,
repel, resist, expel and pursue, by force of arms, as well by sea as by
land, within or without the limits of this commonwealth, and also to
kill, slay and destroy, if necessary, and conquer, by all fitting ways,
enterprises, and means whatsoever, all and every such person and
persons as shall, at any time hereafter, in a hostile manner, attempt
or enterprise the destruction, invasion, detriment, or annoyance of this
commonwealth; and to use and exercise, over the army and navy, and
over the militia in actual service, the law martial, in time of war or
invasion, and also in time of rebellion, declared by the legislature to
exist, as occasion shall necessarily require; and to take and surprise
by all ways and means whatsoever, all and every such person or persons,
with their ships, arms, ammunition and other goods, as shall, in a
hostile manner, invade, or attempt the invading, conquering, or annoy-
ing this commonwealth; and that the governor be intrusted with all
these and other powers, incident to the offices of captain-general and
commander in chief, and admiral, to be exercised agreeably to the
rules and regulations of the constitution, and the laws of the land, and
not otherwise.
Provided, that the said governor shall not, at any time hereafter, by Limitation.
virtue of any power by this constitution granted, or hereafter to be
granted to him by the legislature, transport any of the inhabitants of
this commonwealth, or oblige them to march out of the limits of the
same, without their free and voluntary consent, or the consent of the
general court; except so far as may be necessary to march or transport
them by land or water, for the defence of such part of the state, to which
they cannot otherwise conveniently have access.]
VIII. The power of pardoning offences, except such as persons may Governor and
be convicted of before the senate by an impeachment of the house, pardon
shall be in the governor, by and with the advice of council: but no exce"pTetc.
charter of pardon, granted by the governor, with advice of the council fo" v°ctio'n. °"
before conviction, shall avail the party pleading the same, notwith- j35Mas3.48^'
standing any general or particular expressions contained therein, de- ^^o j^J^^^ ^^^■
scriptive of the offence or offences intended to be pardoned.
246 Mass. 12. 261 Mass. 12. 4 Op. A. G. 119.
257 Mass. 386. 1 Op. A. G. 199. Op. A. G. (1920) 179.
IX. All judicial officers, [the attorney-general,] the solicitor-general, cert"tc.?^ow
[all sheriffs,] coroners, [and registers of probate,] shall be nominated "ppoi"**// "'"'
and appointed by the governor, by and with the advice and consent 228 Mass. 63^
of the council; and every such nomination shall be made by the gov- 240 Mass! en.
ernor, and made at least seven days prior to such appointment.
For provisions as to election of attorney-general, see Amendments. Arts. XVII and LXIV, § 1.
For provision as to election of sheriffs, registers of probate, etc.. see Amendments. Art. XIX.
For provision as to appointment of notaries public, see Amendments, Arts. IV, LVII and LXIX, § 2.
Appointment, tenure, etc, of judges not to be the subject of an initiative or referendum petition;
see Amendments, Art. XLVIII, The Initiative, II, § 2, and The Referendum, III, § 2.
X. [The captains and subalterns of the militia, shall be elected by Miutia officers,
the written votes of the train band and alarm list of their respective Limitation of
companies, [of twenty-one years of age and upwards:] the field officers brAtneSd-""
of regiments shall be elected by the written votes of the captains and IJ?^"^'^'^;^"^ ^'
subalterns of their respective regiments: the brigadiers shall be elected annulled and
in like manner, by the field officers of their respective brigades: and such A"mcndment8,
officers, so elected, shall be commissioned by the governor, who shall '^^^ commis-
determine their rank. sioned.
38
CONSTITUTION OF MASSACHUSETTS.
Election of
officers.
Major-generals,
how appointed
and commis-
sioned.
Vacancies, how
filled, in case,
etc.
Officers duly
commissioned,
how removed.
Superseded by
Amendments,
Art. IV.
Adjutants, etc.,
how appointed.
Army officers,
how appointed.
Organization of
militia.
Money, how
drawn from the
treasury,
except, etc.
13 Allen, 593.
234 Mass. 42.
2(iS Mass. 4S0.
Op. A. G.
(1919) 10.
All public
boards, etc., to
make quarterly
returns.
Provision for
appointment
of commissary-
general an-
nulled by
Amendments,
Art. LIU
The legislature shall, by standing laws, direct the time and manner
of convening the electors, and of collecting votes, and of certifying to
the governor, the officers elected.
The major-generals shall be appointed by the senate and house of
representatives, each having a negative upon the other; and be com-
missioned by the governor.
And if the electors of brigadiers, field officers, captains or subalterns,
shall neglect or refu.se to make such elections, after being duly notified,
according to the laws for the time being, then the governor, with advice
of council, shall appoint suitable persons to fill such offices.
[And no officer, duly commissioned to command in the militia, shall
be removed from his office, but by the address of both houses to the
governor, or by fair trial in court-martial pursuant to the laws of the
commonwealth for the time being.]
The commanding officers of regiments shall appoint their adjutants
and quartermasters; the brigadiers their brigade-majors; and the
major-generals their aids; and the governor shall appoint the adjutant-
general.
The governor, with advice of council, shall appoint all officers of
the continental army, whom by the confederation of the United States
it is provided that this commonwealth shall appoint, as also all officers
of forts and garrisons.
The divisions of the militia into brigades, regiments and companies,
made in pursuance of the militia laws now in force, shall be considered
as the proper divisions of the militia of this commonwealth, until the
same shall be altered in pursuance of some future law.]
XL No moneys shall be issued out of the treasury of this common-
wealth, and disposed of (except such sums as may be appropriated for
the redemption of bills of credit or treasurer's notes, or for the payment
of interest arising thereon) but by warrant under the hand of the gov-
ernor for the time being, with the advice and consent of the council, for
the necessary defence and support of the commonwealth; and for the
protection and preservation of the inhabitants thereof, agreeably to
the acts and resolves of the general court.
Certain appropriations of money from treasury not to be subjects of initiative or referendum peti-
tion. See Amendments, Art. XLVIII, The Initiative, II, § 2, and The Referendum, III, § 2.
XII. All public boards, [the commissary-general,] all superintending
officers of public magazines and stores, belonging to this common-
wealth, and all commanding officers of forts and garrisons within the
same, shall once in every three months, officially, and without requisi-
tion, and at other times, when required by tiie go\ernor, deliver to
him an account of all goods, stores, provisions, ammunition, cannon
with their appendages, and small arms with their accoutrements, and
of all other public property whatever under their care respectively;
distinguishing the quantity, number, quality and kind of each, as
particularly as may be; together with the condition of such forts and
garrisons and the said commanding officer shall exhibit to the gov-
ernor, when required by him, true and exact plans of such forts, and
of the land and sea or harbor or harbors adjacent.
And the said boards, and all public officers, shall communicate to
the governor, as soon as may be after receiving the same, all letters,
despatches, and intelligences of a public nature, which shall be directed
to them respectively.
CONSTITUTION OF MASSACHUSETTS. 39
XIII. As the public good requires that the governor should not be Salary of
under the undue influence of any of the members of the general court 23™MaIs. 310.
by a dependence on them for his support, that he should in all cases,
act with freedom for the benefit of the public, that he should not have
his attention necessarily diverted from that object to his private con-
cerns — and that he should maintain the dignity of the commonwealth
in the character of its chief magistrate, it is necessary that he should
have an honorable stated salary, of a fixed and permanent value, amply
sufficient for those purposes, and established by standing laws: and it
shall be among the first acts of the general court, after the commence-
ment of this constitution, to establish such salary by law accordingly.
Permanent and honorable salaries shall also be established by law Salaries of jus-
for the justices of the supreme judicial court. preme judicial
Compensation of judges not to be the subject of an initiative or referendum petition; see Amend-
ments, Art. XLVIII, The Initiative. II, § 2, and The Referendum, III, § 2.
And if it shall be found that any of the salaries aforesaid, so estab- Saiariea^to be
lished, are insufficient, they shall, from time to time be enlarged as insufficient.
the general court shall judge proper.
CHAPTER II
Section II.
Lieutenant Governor.
Article I. There shall be [annually] elected a lieutenant governor Lieutenant
of the commonwealth of Massachusetts, whose title shall be. His ttre"an°d'
Honor and who shall be qualified, in point of [religion,] [property,] Ks.'^'*"
and residence in the commonwealth, in the same manner with the ^ H^l l^f
governor: and the day and manner of his election, and the qnalifica- .seeAmend-
tions of the electors, shall be the same as are required in the election of yif and '"'
a governor. The return of the votes for this officer, and the declaration ^f^l^;^^^^^
of his election, shall be in the same manner: and if no one person shall For change
be found to have [a majority] of all the votes returned, the vacancy efect'i^nTlee
shall be filled by the senate and house of representatives, in the same ArtLxivll'i.
manner as the go\'ernor is to be elected, in case no one person shall
have [a majority] of the votes of the people to be governor.
Election by plurality provided for by Amendments, Art. XIV.
II. The governor, and in his absence the lieutenant governor, shall ^J^^'^f"* °^
be president of the council, but shall have no vote in council : and the l^™'^™^"^'
lieutenant governor shall always be a member of the coimcU except member,
when the chair of the governor shall be vacant.
III. Whenever the chair of the governor shall be vacant, by reason Lieutenant
of his death, or absence from the commonwealth, or otherwise, the a?ting".gov-
lieutenant governor, for the time being, shall, during such vacancy, ""'"• '" ''^^'
perform all the duties incumbent upon the governor, and shall have ^jj^ ^^^'"d^'*'
and exercise all the powers and authorities, which by this constitution ments. Art. lv.
the governor is vested with, when personally present.
40
CONSTITUTION OF MASSACHUSETTS.
CHAPTER II.
Council.
190 Mass. 616.
265 Mass. 101.
Number of
councillors
changed to
eight.
See Amend-
ments, Art.
XVI.
Number ; from
whom and
how chosen.
239 Mass. 349.
Modified by
Amendments,
Arts. X and
xni.
Superseded by
Amendments,
Art. XVX.
If senators be-
come council-
lors, their seats
to be vacated.
Rank of
councillors.
No district to
have more
than two.
Register of
council.
Council to
exercise power
of governor in
case, etc.
This article
annulled and
superseded by
Amendments,
Art. LV.
Elections may
be adjourned
until, etc.
239 Mass. 349.
Order thereof.
Affected by
Amendments,
Arts. X, XIV,
XVI, XXV
and LXIV.
Section III.
Council, and the Manner of settling Elections by the Legislature.
Article I. There shall be a council for advising the governor in
the executive part of government, to consist of [nine] persons besides
the lieutenant governor, whom the governor, for the time being, shall
have full power and authority, from time to time, at his discretion,
to assemble and call together. And the governor, with the said coun-
cillors, or five of them at least, shall and ma.y, from time to time, hold
and keep a council, for the ordering and directing the affairs of the
commonwealth, according to the laws of the land.
II. [Nine councillors shall be annually chosen from among the
persons returned for councillors and senators, on the last Wednesday
in May, by the joint ballot of the senators and representatives assem-
bled in one room: and in case there shall not be found upon the first
choice, the whole number of nine persons who will accept a seat in the
council, the deficiency shall be made up by the electors aforesaid from
among the people at large; and the number of senators left shall con-
stitute the senate for the year. The seats of the persons thus elected
from the senate, and accepting the trust, shall be vacated in the
senate.]
III. The councillors, in the civil arrangements of the common-
wealth, shall have rank next after the lieutenant governor.
IV. [Not more than two councillors shall be chosen out of any one
district of this commonwealth.]
Superseded by Amendments, Art. XVI.
V. The resolutions and advice of the council shall be recorded in a
register, and signed by the members present; and this record may be
called for at any time by either house of the legislature; and any
member of the council may insert his opinion, contrary to the resolu-
tion of the majority.
VI. [Whenever the office of the governor and lieutenant governor
shall be vacant, by reason of death, absence, or otherwise, then the
council, or the major part of them, shall during such vacancy have
full power and authority to do, and execute, all and every such acts,
matters and things, as the governor or the lieutenant governor might
or could, by virtue of this constitution, do or execute, if they or either
of them, were personally present.)
VII. (And whereas the elections appointed to be made by this
constitution, on the [last Wednesday in May annually,] by the two
houses of the legislature, may not be completed on that day, the said
elections may be adjourned from day to day until the same shall be
completed. And the order of elections shall be as follows: [the vacancies
in the senate, if any, shall first be filled up;] the governor and lieu-
tenant governor shall then be elected, provided there should be no
choice of them by the people: and afterwards the two houses shall
proceed to the election of the council.]
CONSTITUTION OF MASSACHUSETTS. 41
CHAPTER II.
Section IV.
Secretary, Treasurer, Commissary, etc.
Article I. [The secretary, treasurer and receiver-general, and the Secretary, etc.,
commissary-general, notaries pubhc, and naval officers, shall be chosen how^choscn!"'
annually, by joint ballot of the senators and representatives in one
room. And that the citizens of this commonwealth mav be assured, ?'''^?™';<"',
« . • T I ■ . . , ^ , . ineligible for
from tune to tune, that the moneys remammg ui the public treasury, more ti>»n five
upon the settlement and liquidation of the public accounts, are their yenrl'!'"'"'
property, no man shall be eligible as treasurer and receiver-general
more than five years successively.]
For provision as to election of secretary and treasurer and receiver-general, see Amendments. Arts.
XVII and LXIV. § 1. .
For provision as to appointment of notaries public, see Amendments. Arts. IV. LVII and LXIX. § 2.
Commissary-general, appointment, Amendments, Art. IV: abolished. Amendments. Art. LIII.
Treasurer and receiver-general ineligible to election for more than three successive terms. See
Amendments, Art. LXIV, § 2.
II. The records of the commonwealth shall be kept in the office Secretary to
of the secretary, who may appoint his deputies, for whose conduct he ^o auS'thi
shall be accountable, and he shall attend the governor and council, TOundi?et'o'!''
the senate and house of representatives, in person, or by his deputies,
as they shall respectively require.
CHAPTER III.
JUDICIARY POWER.
Article I. The tenure, that all commission officers shall by law Tenure of aii
have in their offices, shall be expressed in their respective commissions. offi?"3To°be
All judicial officers, duly appointed, commissioned and sworn, shall judicSfofiicers
hold their offices during good behavior, excepting such concerning whom during^'good^
there is different provision made in this constitution : provided never- 1?^ ''f"'^"^' ^^'
theless, the governor, with consent of the council, may remove them But 'may be
upon the address of both houses of the legislature. addrTsl ™
134 Mass. 314. 216 Mass. 51. 246 Mass. 464. 271 Mass. 575.
Tenure of office, etc.. of judges not to be the subject of an initiative or referendum petition. See
Amendments. .\rt. XLVIII. The Initiative. II. § 2, and The Referendum, III, § 2.
For retirement of judicial officers, see Amendments, Art. LVIII.
II. Each branch of the legislature, as well as the governor and J"^*'''^? °'. ™",
council, shall have authority to require the opinions of the justices of court to give
the supreme judicial court, upon important questions of law, and upon require!" ^°
solemn occasions. 122 Mass. eoo.
126 Mass. 557. 226 Mass. 26S, 607, 613. 251 Mass. 569.
145 Mass. 587. 236 Mass. 310. 261 Mass. 523. 556.
186 Mass. 603. 239 Mass. 349. 266 Mass, 583. 590.
208 Mass. 614. 625. 247 Mass. 589. 267 Mass. 607.
223 Mass. 516. 250 Mass. 52, 591. 269 Mass. 410, 503, 611.
HI. In order that the people may not suffer from the long continu- justices of the
ance in place of any justice of the peace, who shall fail of discharging of^ttTeir'oE
the important duties of his office with ability or fidelity, all commis- 4o^A.G.*i24.
sions of justices of the peace shall expire and become void, in the term
of seven years from their respective dates ; and upon the expiration For removal of
of any commission, the same may, if necessary, be renewed, or another p"ace?se°i ^^"
person appointed, as shall most conduce to the well-being of the com- An^'xxxvfi.
monwealth.
42
CONSTITUTION OF MASSACHUSETTS.
Provisions for
holding pro-
bate courts.
12 Grav. 147.
238 Mass. 313.
Marriage,
divorce, etc.,
until other
pro\'ision made
by law.
IV. The judges of probate of wills, and for granting letters of admin-
istration, shall hold their courts at such place or places, on fixed days,
as the convenience of the people shall require; and the legislature shall,
from time to time, hereafter appoint such times and places; until
which appointments, the said courts shall he holden at the times and
places which the respective judges shall direct.
V. All causes of marriage, divorce, and alimony, and all appeals
from the judges of probate shall be heard and determined by the governor
and council, until the legislature shall, by law, make other provision.
105 Mass. 325. 116 Mass. 315. 239 Mass. 349.
CHAPTER IV.
Election, etc.
DELEGATES TO CONGRESS.
[The delegates of this commonwealth to the congress of the United
States, shall, some time in the month of June annually, be elected by
the joint ballot of the senate and house of representatives, assembled
together in one room; to serve in congress for one year, to commence
on the first Monday in November then next ensuing. They shall have
commissions under the hand of the governor, and the great seal of the
commonwealth; but may be recalled at any time within the year, and
others chosen and commissioned, in the same manner, in their stead.]
CHAPTER V.
THE UNIVERSITY AT
ENCOURAGEMENT OF
Harvard
College.
Powers, privi-
leges, etc., of
the president
and fellows
confirmed.
All gifts,
grants, etc.,
confirmed.
CAMBRIDGE, AND
LITERATURE, ETC.
Section I.
The University.
Article I. Whereas our wise and pious ancestors, so early as the
year one thousand six hundred and thirty-six, laid the foundation of
Harvard College, in which university many persons of great eminence
have, by the blessing of God, been initiated in those arts and sciences,
which qualified them for public employments, both in church and
state: and whereas the encouragement of arts and sciences, and all
good literature, tends to the honor of God, the advantage of the Chris-
tian religion, and the great benefit of this and the other United States
of America — it is declared, that the President and Fellows of
Harvard College, in their corporate capacity, and their successors
in that capacity, their officers and servants, shall have, hold, use,
exercise and enjoy, all the powers, authorities, rights, liberties, priv-
ileges, immunities and franchises, which they now have or are entitled
to have, hold, use, exercise and enjoy: and the same are hereby ratified
and confirmed unto them, the said president and fellows of Harvard
College, and to their successors, and to their officers and servants,
respectively, fore\'er.
II. And whereas there have been at sundry times, by divers persons,
gifts, grants, devises of houses, lands, tenements, goods, ciiattols,
legacies and conveyances, heretofore made, either to Har\ard College
in Cambridge, in New England, or to the president and fellows of
CONSTITUTION OF MASSACHUSETTS. 43
Harvard College, or to the said college, by some other description,
under several charters successively: it is declared, that all the said
gifts, grants, devises, legacies and conveyances, are hereby forever
confirmed unto the president and fellows of Harvard College, and to
their successors in the capacity aforesaid, according to the true intent
and meaning of the donor or donors, grantor or grantors, devisor or
devisors.
III. [And whereas, bv an act of the general court of the colonv of '^^° s>>aii be
1 • 1 1 1 • I 1 I I overseers.
JMassachusetts Bay passed m the year one thousand six hundred and
forty-two, the go\'ernor and deputy-governor, for the time being, and
all the magistrates of that jurisdiction, were, with the president, and a See statutes,
number of the clergy in the said act described, constituted the over- ism! 27. '
seers of Harvard College: and it being necessary, in this new constitu- HqI] 17I;
tion of government to ascertain who shall be deemed successors to }s8a;foi;'i32.
the said governor, deputy-governor and magistrates; it is declared, }gg5'4|®-
that the governor, lieutenant governor, council and senate of this issb. 191.
commonwealth, are and shall be deemed, their successors, who with 1902! 243!
the president of Harvard College, for the time being, together with iom! 593;
the ministers of the congregational churches in the towns of Cam- ^®^^' ^°*-
bridge, Watertown, Charlestown, Boston, Roxbury, and Dorchester,
mentioned in the said act, shall be, and hereby are, vested with all J^onTes°erve'dTo
the powers and authority belonging, or in any way appertaining to the the legislature.
overseers of Harvard College; provided, that] nothing herein shall be
construed to prevent the legislature of this commonwealth from making
such alterations in the government of the said university, as shall be
conducive to its advantage and the interest of the republic of letters,
in as full a manner as might have been done by the legislature of the
late Province of the Massachusetts Bay.
CHAPTER V.
Section H.
The Encouragement of Literature, etc.
Wisdom, and knowledge, as well as virtue, diffused generally among Duty of legisia-
the body of the people, being necessary for the preservation of their istrates in aii
rights and liberties; and as these depend on spreading the opportunities 12 Alien. 500.'
and advantages of education in the various parts of the country, and les Mass! 419.
among the different orders of the people, it shall be the duty of legis- J?? Mass! 474.
latures and magistrates, in all future periods of this commonwealth, 3 0p. a. g asc.
to cherish the interests of literature and the sciences, and all seminaries prOTisionlas to
of them; especially the university at Cambridge, public schools and 5"e''A^^e'nd'-°''''
grammar schools in the towns; to encourage private societies and txiblic !ri™*/v a^^-
r . . , , . . . „ ^■, '^ . r. • 1 XVIII and
mstitutions, rewards and immunities, tor the promotion 01 agriculture, xlvi.
arts, sciences, commerce, trades, manufactures, and a natural history
of the country; to countenance and inculcate the principles of humanity
and general benevolence, public and private charity, industry and
frugality, honesty and punctuality in their dealings; sincerity, good
humor, and all social affections, and generous sentiments among the
people.
44
CONSTITUTION OF MASSACHUSETTS.
CHAPTER VI.
Oaths of
office, etc.
Abolished.
See Amend-
ments, Art.
VII.
Declaration
and oatha of
all officers.
For new oath
of allegiance,
see Amend-
ments, Art. VI,
Oath of office.
OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EXCLU-
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS-
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE
ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVISION
FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.
Article I. [Any person chosen governor, lieutenant governor, coun-
cillor, senator or representative, and accepting the trust, shall before
he proceed to execute the duties of his place or office, make and sub-
scribe the following declaration, viz. —
"I, A. B., do declare, that I believe the Christian religion, and have
a firm persuasion of its truth; and that I am seised and possessed, in
my own right, of the property required by the constitution as one quali-
fication for the office or place to which I am elected."
And the governor, lieutenant governor, and councillors shall make
and subscribe the said declaration, in the presence of the two houses
of assembly; and the senators and representatives first elected under
this constitution, before the president and five of the council of the
former constitution, and forever afterwards before the governor and
council for the time being.]
And every person chosen to either of the places or offices aforesaid,
as also any person appointed or commissioned to any judicial, executive,
military, or other office under the government, shall, before he enters
on the discharge of the business of his place or office, take and subscribe
the following declaration, and oaths or affirmations, viz. —
["I, A. B., do truly and sincerely acknowledge, profess, testify and
declare, that the Commonwealth of Massachusetts is, and of right
ought to be, a free, sovereign and independent state; and I do swear,
that I will bear true faith and allegiance to the said commonwealth,
and that I will defend the same against traitorous conspiracies and all
hostile attempts whatsoever: and that I do renounce and abjure all
allegiance, subjection and obedience to the king, queen, or govern-
ment of Great Britain, (as the case may be) and every other foreign
power whatsoever: and tliat no foreign prince, person, prelate, state
or potentate, hath, or ought to have, any jurisdiction, superiority, pre-
eminence, authority, dispensing or other power, in any matter, civil,
ecclesiastical or spiritual, within this commonwealth, except the au-
thority and power which is or may be vested by their constituents
in the congress of the United States: and I do further testify and
declare, that no man or body of men hath or can have any right to
absolve or discharge me from the obligation of tliis oath, declaration,
or affirmation; and that I do make this acknowledgment, profession,
testimony, declaration, denial, renunciation and abjuration, heartily
and truly, according to the common meaning and acceptation of the
foregoing words, without any equivocation, mental evasion, or secret
reservation whatsoever — • So help me, God."]
"I, A. B., do solemnly swear and affirm, that I will faithfully and
impartially discharge and perform all the duties incumbent on me as
: according to the best of my abilities and understanding,
agreeably, to the rules and regulations of the constitution, and the laws
of this commonwealth • — So help me, God."
CONSTITUTION OF MASSACHUSETTS. 45
Provided always, that when any person chosen or appointed as Quakers
aforesaid, shall he of the denomination of the people called Quakers, ^eeVnfe™-
and shall decline taking the said oath[s], he shall make his affirmation ™«°"'' at'- ^i-
in the foregoing form, and subscribe the same, omitting the words
["/ do swear," "and abjure," "oath or," "and abjuration" in the first
oath; and in the second oath, the words] "swear and," and [in each of
them] the words "So help me, God;" subjoining instead thereof, " This
I do under the pains and penalties of pierjury."
And the said oaths or affirmations shall be taken and subscribed by Oaths and
the governor, lieutenant governor, and councillors, before the presi- hf^admiS!;.
dent of the senate, in the presence of the two houses of assembly; and ^"''^^
by the senators and representatives first elected under this constitution,
before the president and five of the council of the former constitution;
and forever afterwards before the governor and council for the time
being: and by the residue of the officers aforesaid, before such persons
and in such manner as from time to time shall be prescribed by the
legislature.
II. No governor, lieutenant governor, or judge of the supreme Plurality of
judicial court, shall hold any other office or place, under the authority £[6/10^-
of this commonwealth, except such as by this constitution they are e™eptrltc.
admitted to hold saving that the judges of the said court may" hold 1% f^f^ |||-
the offices of justices of the peace through the state; nor shall they 209 Mag.' 67. '
hold any other place or office, or receive any pension or salary from Ci9i7)i8.
any other state or go\-ernment or power whatever.
See Amendments, Art. VIII.
No person shall be capable of holding or exercising at the same time, same subject,
witiiin this state more than one of the following offices, viz. — judge 1 op'^A. g^'
of probate — sheriff — register of probate ^ or register of deeds — and ^^^' ^^^"
ne\-er more than any two offices which are to be held by appointment
of the governor, or the governor and council, or the senate, or the
house of representatives, or by the election of the people of the state
at large, or of the people of any county, military offices and the offices
of justices of the peace excepted, shall be held by one person.
No person holding the office of judge of the supreme judicial court incompatible
— secretary— attorney-general— solicitor-general- treasurer or re- ForXnherpro-
ceiver-general _— judge of probate— [commissary-general— president, incompatible
professor, or instructor of Harvard College] — sheriff — clerk of the offices, see
1 J. J. . PI . A.. Amendments,
house ot representatives — register of probate — register of deeds — Art. viii.
clerk of the supreme judicial court — clerk of the inferior court of com- wd o.Seg^"'
mon pleas — or officer of the customs, including in this description naval AnTendme''nte,
officers — • shall at the same time have a seat in the senate or house of ^'- xxvii.'
representatives; but their being chosen or appointed to, and accepting
the same, shall operate as a resignation of their seat in the senate or
house of representatives; and the place so vacated shall be filled up.
Provision for appointment of commissary-general repealed by A mendments. Art, LII I.
And the same rule shall take place in case any judge of the said Same subject.
supreme judicial court, or judge of probate, shall accept a seat in
council; or any councillor shall accept of either of those offices or
places.
And no person shall ever be admitted to hold a seat in the legislature, Bribery, etc.,
or any office of trust or importance under the government of this com- "^"""''^y-
monwealth, who shall, in the due course of law, have been convicted
of bribery or corruption in obtaining an election or appointment.
46
CONSTITUTION OF MASSACHUSETTS.
Value of money
ascertained.
Property quali-
fications may
be increased.
See Amend-
ments, Arts.
Xni and
XXXIV.
Provisions
respecting
commissions.
Provisions re-
specting writs,
2 Pick. 592.
3 Met. 58.
13 Gray, 74.
224 Mass. 9.
Continuation of
former laws,
except, etc.
8 Pick. 309.
16 Pick. 107.
2 Met. lis.
6 Gray, 1.
139 Mass. 29.
148 Mass. 309.
208 Mass. 162.
Benefit of
kabfns corpus
secured, ex-
cept, etc.
The enacting
style.
For enacting
style of ini-
tiative meas-
ures, see
G. L. 4, § 3.
Officers of
former govern-
ment continued
imtil, etc.
Provision for
revising con-
stitution.
For existing
provision as to
amendments,
see Amend-
ments. Art.
XLVUl,
The Initiative,
IV.
III. [In all cases where sums of money are mentioned in this con-
stitution, the value thereof shall be computed in silver at six shillings
and eight pence per ounce: and it shall be in the power of the legislature,
from time to time, to increa.se such qualifications, as to property, of
the persons to be elected to offices, as the circumstances of the com-
monwealth shall require.]
IV. All commissions shall be in the name of the Commonwealth of
Massachusetts, signed by the governor and attested by the secretary
or his deputy, and ha\'e the great seal of the commonwealth affixed
thereto.
V. All writs issuing out of the clerk's office in any of the courts of
law, shall be in the name of the Commonwealth of Massachusetts:
they shall be under the seal of the court from whence they issue: they
shall bear test of the first justice of the court to which they shall be
returnable, who is not a party, and be signed by the clerk of such
court.
VI. All the laws which have heretofore been adopted, used and
approved in the Province, Colony or State of Massachusetts Bay, and
usually practised on in the courts of law, shall still remain and be in
full force, until altered or repealed by the legislature; such parts only
excepted as are repugnant to the rights and liberties contained in this
constitution.
237 Mass. 591. 238 Mass. 379.
VII. The privilege and benefit of the writ of habeas corpus shall be
enjoyed in this commonwealth in the most free, easy, cheap, expedi-
tious and ample manner; and shall not be suspended by the legislature,
except upon the most urgent and pressing occasions, and for a limited
time not exceeding twelve months.
VIII. The enacting style, in making and passing all acts, statutes
and laws, shall be — " Be it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the authority of the
same."
IX. [To the end there may be no failure of justice, or danger arise
to the commonwealth from a change of the form of government — all
officers, civil and military, holding commissions under the government
and people of Massachusetts Bay in New England, and all other officers
of the said government and people, at the time this constitution shall
take effect, shall have, hold, use, exercise and enjoy, all the powers
and authority to them granted or committed, until other persons shall
be appointed in their stead: and all courts of law shall proceed in the
execution of the business of their respective departments; and all the
executive and legislative officers, bodies and powers shall continue in
full force, in the enjoyment and exercise of all tiieir trusts, employments
and authority; until the general court and the supreme and executive
officers under this constitution are designated and invested with their
respective tru.sts powers and authority.]
X. [In order the more effectually to adhere to the principles of the
constitution, and to correct those violations which by any means may
be made therein, as well as to ft)rm such alterations as from experience
shall be found necessary — tiie general court which shall be in the year
of our Lord one thousand seven hundred and ninety-five, shall issue
precepts to the selectmen of the several towns, and to the assessors of
the unincorporated plantations, directing thein to convene the qualified
CONSTITUTION OF MASSACHUSETTS. 47
voters of tlieir respective towns and plantations, for the purpose of
collecting their sentiments on the necessity or expediency of revising
the constitution, in order to amendments.
And if it shall appear by the returns made, that two thirds of the
qualified voters throughout the state, who shall assemble and vote in
consequence of the said precepts, are in favor of such revision or amend-
ment, the general court shall issue precepts, or direct them to be issued
from the secretary's office to the se\eral towns to elect delegates to
meet in convention for the purpose aforesaid.
The said delegates to be chosen in the same manner and proportion
as their representatives in the second branch of the legislature are by
this constitution to be chosen.]
XI. This form of government shall be enrolled on parchment and preT^Xg^and
deposited in the secretary's office, and be a part of the laws of the land — coniufution'"'''
and printed copies thereof shall be prefixed to the book containing the 239 Mass. 349.
laws of this commonwealth, in all future editions of the said laws.
ARTICLES OF AMENDMENT.
Article I. If any bill or resolve shall be objected to, and not ^'";.^*'^!^^ °°'
approved by the governor; and if tlie general court shall adjourn within witwn five
five days after the same shall lia\'e been laid before the go\ernor for become°a law.
his approbation, and thereby prevent his returning it with his objections, adjOTra in'^the
as pro\'ided by the constitution, such bill or resolve shall not become a ™Mas3°s67.
law, nor have force as such.
See Const., Ch. I, Sect. I. Art. II.
Art. II. The general court shall have full power and authority to General court
, . . . , . . empowered to
erect and constitute municipal or city governments, in any corporate charter cities
town or towns in this commonwealth, and to grant to the inhabitants figh limited "
thereof such powers, privileges, and immunities, not repugnant to the lovmXip^-^
constitution as the general court shall deem necessary or expedient to".n|eontain-
for the regulation and government thereof and to prescribe the manner j?^ '^'■"'V'^
of calling and holding public meetings of the inhabitants, in wards or more
otherwise for the election of officers under the constitution, and the lii'Mass. 344.
manner of returning the votes given at such meetings. Provided, that $29 mS: wT.
no such government shall be erected or constituted in any town not I43 Hill fgl:
containing twelve thousand inhabitants, nor unless it be with the fo^^l^a^Hi,
consent, and on the application of a majority of the inhabitants of Op-^a g.
such town, present and voting thereon, pursuant to a vote at a meet- Establishment
ing duly warned and holden for that purpose. And provided also, Cfto«^'go^
that all by-laws made by such municipal or city government shall be |™X?\J)wn3.
subject, at all times to be annulled by the general court. See Amend-
■> ' .» o ments. Art.
Proviso. 112 Mass. 200. LXX.
Art. III. Every [male] citizen of twenty-one years of age and up- Qualifications
. ■ ' ■■ , , , . 1 ■ 1 ,,, of voters for
wards, excepting paupers and persons under guardianship who shall governor,
have resided witliin the commonwealth one year, and within the town governo"
or district in which he may claim a right to vote, six calendar months 'epre's^e'^^tt-'*
next preceding any election of governor, lieutenant governor, senators, jTAck. .538.
or representatives, [and who shall have paid', by himself or his parent, s^^i^t. 298,
master or guardian, any state or county tax, which shall, within two 7 Gray, 299.^
'^ ,.•',,. 11 1 ... 122 Mass. 594.
years next preceding such election, have been assessed upon nim in 124 Mass. S96.
48
CONSTITUTION OF MASSACHUSETTS.
144 Mass. 497.
226 Maes. 607.
228 Mass. 63.
237 Mass. 591.
240 Mass. 264.
601.
247 Mass. 583.
1 Op. A. G. 54,
69, 78.
any town or district of this commonwealth; and also, every citizen
who shall be, by law, exempted from taxation, and who shall be, in all
other respects, qualified as above mentioned,] shall have a right to
vote in such election of governor, lieutenant governor, senators and
representatives; and no other person shall be entitled to vote in such
election.
See Amendments, Art. LXVIII.
See Amendments, Arts. XXX, XXXII, XL. See also Amendments, Art. XXIII, which was an-
nulled by .Amendments, Art. XXVI.
For educational qualification, see Amendments, Art. XX.
For prox'ision as to those who have served in the army or navy in time of war, see Amendments,
Arts. XXVIII and XXXI.
For absentee voting, see Amendments, Art. XLV.
Art. IV. Notaries public shall be appointed by the governor in
the same manner as judicial officers are appointed, and shall hold their
offices during seven years, unless sooner removed by the governor
with the consent of the council, [upon the address of both houses of
the legislature.]
See Amendments, Art. XXXVII.
For appointment of women as notaries public, see Amendments, Art. LVII and Art. LXIX, § 2.
[In case the office of secretary or treasurer of the commonwealth
shall become vacant from any cause during the recess of the general
court, the governor, with the advice and consent of the council, shall
nominate and appoint, under such regulations as may be prescribed by
law, a competent and suitable person to such vacant office, who shall
hold the same until a successor shall be appointed by the general court.]
[Whenever the exigencies of the commonwealth shall require the
appointment of a commissary-general, he shall be nominated, appointed
and commissioned in such manner as the legislature may, by law,
prescribe.
All officers commissioned to command in the militia may be removed
from office in such manner as the legislature may, by law, prescribe.]
Last two paragraphs of Art. IV annulled and superseded by Amendments, Art. LIII.
Who may vote Art. V. [In the elections of captains and subalterns of the militia,
for captams and ,, , i c i • • • n i i
subalterns. all the mcmbcrs 01 their respective companies, as well those under as
those above the age of twenty-one years, shall have a right to vote.]
This article annulled and superseded by Amendments, Art. LIII.
Art. VI. Instead of the oath of allegiance prescribed by the con-
stitution, the following oath shall be taken and subscribed by every
person chosen or appointed to any office, civil or military under the
government of this commonwealth, before he shall enter on the duties
of his office, to wit:
" I, A. B., do solemnly swear, that I will bear true faith and allegiance
to the Commonwealth of Massachusetts, and will support the consti-
tution thereof. So help me God."
Provided, That when any person shall be of the denomination called
Quakers, and shall decline taking said oath, he shall make his affirma-
tion in the foregoing form, omitting the word "swear" and inserting
instead thereof the word "affirm;" and omitting the words "So help
me God," and subjoining, instead thereof, the words "This I do under
the pains and penalties of perjury."
Art. VII. No oath, declaration or subscription, excepting the oath
prescribed in the preceding article and the oath of office, shall be re-
quired of the governor, lieutenant governor, councillors, senators or
representatives, to qualify them to perform the duties of their respective
offices.
Notaries pub-
lic, how
appointed
and removed.
249 Mass. 184.
4 Op. A. G.
124.
Vacancies in
the offices of
secretary and
treasurer, how
fiUed.
This clause
superseded by
Amendments,
Art. XVII.
Commissary-
general may be
appointed, in
case, etc.
Militia officers,
how removed.
Oath to be
taken by all
officers.
268 Mass. 497.
2 Op. A. G. 246.
Op. A. G.
(1917) 87.
See Const.,
Ch. VI, Art. I.
Quakers may
aiBrm.
Tests abol-
ished.
CONSTITUTION OF MASSACHUSETTS. 49
Art. VIII. No judge of any court of this commonwealth (except '? oX??"''''''^
the court of sessions) and no person holding any office under the au- 122 Mass. 445,
thority of the United States (postmasters excepted) shall, at the same 123 Mass. 253.
time, hold the office of governor, lieutenant governor, or councillor, or 239 Mass. 458.
have a seat in the senate or house of representatives of this common- en,^''"'^ ^^*'
wealth; and no judge of any court in this commonwealth (except the 269 Mass! e?*'
court of sessions) nor the attorney-general, solicitor-general, county J gp- a- g- 233.
attorney, clerk of any court, sheriff,' treasurer and receiver-general, Op.^a g. •
register of probate, nor register of deeds, shall continue to hold his said
office after being elected a member of the Congress of the United States,
and accepting that trust; but the acceptance of such trust by any of
the officers aforesaid shall be deemed and taken to be a resignation of
his said office; and judges of the courts of common pleas shall hold no
other office under the government of this commonwealth, the office of
justice of the peace and militia offices excepted.
Art. IX. [If, at any time hereafter, any specific and particular Amendments
amendment or amendments to the constitution be proposed in the how°made! '°°'
general court, and agreed to by a majority of the senators and two Jup^^seded^by
thirds of the members of the house of representatives present and Art. ^lviii,
voting thereon, such proposed amendment or amendments shall be iv, and
entered on the journals of the two houses, with the yeas and nays An. xlvi'ii,
taken thereon, and referred to the general court then next to be chosen, viaS.'vm.
and shall be published ; and if, in the general court next chosen as afore-
said, such proposed amendment or amendments shall be agreed to by a
majority of the senators and two thirds of the members of the house
of representatives present and voting thereon; then it shall be the duty
of the general court to submit such proposed amendment or amend-
ments to the people: and if they shall be approved and ratified by a
majority of the qualified voters voting thereon, at meetings legally
warned and holden for that purpose, they shall become part of the con-
stitution of this commonwealth.]
Art. X. The political year shall begin on the first Wednesday of ^eSt^f politi-
January instead of the last Wednesday of May, and the general court gs'g^j^^as 349
shall assemble every year on the said first Wednesday of January, and 603.
shall proceed at that session to make all the elections, and do all the ^"n for '"^°"'
other acts which are by the constitution required to be made and ann^iiy"^
done at the session which has heretofore commenced on the last Wednes- see Amend-
ments, Art.
day of May. And the general court shall be dissolved on the day next lxiv, § 3.
preceding the first Wednesday of January, without any proclamation Termination
or other act of the governor. But nothing herein contained shall pre- year"
\ent the general court from assembling at such other times as they
shall judge necessary, or when called together by the governor. [The Governor, etc.,
governor, lieutenant governor and councillors, shall also hold their see™Ame°nd- '
respective offices for one year next following the first Wednesday of lxiv', §"1.'
January, and until others are chosen and qualified in their stead.]
[The meeting for the choice of governor, lieutenant governor, senators Meetings for^
and representatives shall be held on the second Monday of November emor, lieuten-
in every year; but meetings may be adjourned if necessary, for the etc when to'
choice of representatives, to the next day, and again to the next sue- ^his^iause
ceeding day, but no further. But in case a second meeting shall be ^"P^'^''J|Jf^'J,J'/
necessary for the choice of representatives, such meetings shall be held Art. xv.
on the fourth Monday of the same month of November.]
All the other provisions of the constitution, respecting the elections
and proceedings of the members of the general court, or of any other
50
CONSTITUTION OF MASSACHUSETTS.
Article, when
to go into
operation.
Inconsistent
provisions
annulled.
Religious
freedom
established.
8 Met. 153.
122 Mass. 40.
239 Mass. 349.
243 Mass. 331.
263 Mass. 435.
267 Mass. 472.
272 Mass. 100.
See Amend-
ments, .\rt3.
XLVI and
XLVIII, The
Initiative, II,
§ 2. and The
Referendum,
in, § 2.
Census of rata-
ble polls to be
taken in 18.37,
and decennially
thereafter.
7 Mass. 523.
This article
superseded.
See Amend-
ments, Arts.
XIII, XXI,
XXII and
LXXI.
Representa-
tives, how
apportioned.
Towns having
less than 300
ratable polls,
how repre-
sented.
officers or persons whatever, that have reference to the last Wednesday
of May, as the commencement of the political year, shall be so far
altered as to have like reference to the first Wednesday of January.
[This article shall go into operation on the first day of October next
following the day when the same sl\all be duly ratified and adopted
as an amendment of the constitution ; — and the governor, lieutenant
governor, councillors, senators, representatives and all other state
officers, who are annually chosen, and who shall be chosen for the
current year when the same shall go into operation, shall hold their
respective offices until the first Wednesday of January then next fol-
lowing, and until others are chosen and qualified in their stead, and
no longer — and the first election of the governor, lieutenant go\'ernor,
senators and representatives to be had in virtue of this article shall
be had conformably thereunto, in the month of November following
the day on which the same shall be in force, and go into operation
pursuant to the foregoing pro\ision.
All the provisions of the existing constitution inconsistent with the
provisions herein contained are hereby wholly annulled.]
Art. XI. Instead of the third article of the bill of rights, the fol-
lowing modification and amendment thereof is substituted.
"As the public worship of God and instructions in piety, religion
and morality, promote the happiness and prosperity of a people and the
security of a republican government; — therefore, the several religious
societies of this commonwealth, whether corporate or unincorporate,
at any meeting legally warned and holden for that purpose, shall ever
have the right to elect their pastors or religious teachers, to contract
with them for their support, to raise money for erecting and repairing
houses for public wor.ship, for the maintenance of religious instruction,
and for the payment of necessary expenses: and all persons belonging
to any religious society shall be taken and held to be members, until
they shall file with the clerk of such society, a written notice, declar-
ing the dissolution of their membership, and thenceforth shall not be
liable for any grant or contract which may be thereafter made, or en-
tered into by such society : — and all religious sects and denominations,
demeaning themselves peaceably, and as good citizens of the common-
wealth, shall be equally under the protection of the law; and no sub-
ordination of any one sect or denomination to another shall ever be
established by law."
Art. XII. [In order to provide for a representation of the citizens
of this commonwealth, founded upon the principles of equality a census
of the ratable polls, in each city, town and district of the common-
wealth, on the first day of INIay, shall be taken and returned into the
secretary's office, in such manner as the legislature shall provide, within
the month of May, in the year of our Lord one thousand eight hundred
and thirty-seven, and in every tenth year thereafter, in the month of
May, in manner aforesaid, and each town or city having three hundred
ratable polls at the last preceding decennial census of polls may elect
one representative, and for every four hundred and fifty ratable polls
in addition to the first three hundred, one representative more.
Any town having less than three hundred ratable polls shall be rep-
resented thus; the whole number of ratable polls, at the last preceding
decennial census of polls, shall be multiplied by ten, and the product
di\ided by three hundred, and such town may elect one representative
CONSTITUTION OF MASSACHUSETTS. 51
as many years within ten years, as three hundred is contained in the
product aforesaid.
Any city or town having ratable polls enough to elect one or more Fractions, how
representatives, with any number of polls beyond the necessary nuin- '^^p'''"""'^'^'^-
ber, may be represented as to that surplus number by multiplying such
surplus number by ten and dividing the product by four hundred and
fifty; and such city or town may elect one additional representative as
many years within the ten years as four hundred and fifty is contained
in the product aforesaid.
Any two or more of the several towns and districts may, by consent Towns may
of a majority of the legal voters present at a legal meeting in each of rcsent'a"tived?8-
said towns and districts respectively called for that purpose, and held '""'''■
previous to the first day of July in the year in which the decennial
census of polls shall be taken, form themselves into a representative
district, to continue until the next decennial census of polls, for the
election of a representative or representatives, and such district shall
have all the rights, in regard to representation, which would belong to
a town containing the same number of ratable polls.
The governor and council shall ascertain and determine within the The governor
months of July and August, in the year of our Lord one thousand eight deferSe the
hundred and thirty-seven, according to the foregoing principles, the ^eTmSiverto
number of representatives, which each city, town and representative wWcheach
J... •11 I 11 i« town 13 en-
district IS entitled to elect, and the number of years within the period t'tied.
of ten years then next ensuing, that each city, town and representative
district may elect an additional representative, and where any town
has not a sufficient number of polls to elect a representative each year
then how many years within the ten jears, such town may elect a
representative, and the same shall be done once in ten j-ears thereafter New appor-
by the governor and council, and the number of ratable polls in each m°adronoe°ia''^
decennial census of polls, shall determine the number of representatives, years. '^"
which each city, town and representative district may elect as afore-
said, and when the number of representatives to be elected by each
city, town or representative district is ascertained and determined as
aforesaid, the governor shall cause the same to be publi-shed forthwith
for the information of the people and that number shall remain fixed
and unalterable for the period of ten years. All the provisions of the inconsistent
existing constitution inconsistent with the provisions herein contained, annuK"
are hereby wholly annulled.]
Art. XIII. [A census of the inhabitants of each city and town, on Census.
the first day of May, shall be taken, and returned into the secretary's pro^^s'imis a!*'
office, on or before the last day of June, of the year one thousand eight t" <=ensu'j
hundred and forty, and of every tenth year thereafter, Mhich census leeTmend-
shall determine the apportionment of senators and representatives for xxi.'xxii
the term of ten years. The several senatorial districts now existing shall """^ ^^-'^''
be permanent. The senate shall consist of forty members: and in the Senatorial dis-
year one thousand eight hundred and forty, and every tenth year there- permat™?.'''"*
after, the governor and council shall assign the number of senators to Pro\nsions as
be chosen in each district, according to the number of inhabitants in the sSpCTsed°ed.
same. But, in all cases, at-least one senator shall be assigned to each dis- mentTAns.
trict. The members of the house of representatives shall be apportioned lxxV^""*
in the following manner: Every town or city containing twelve hun- House of repre-
dred inhabitants, may elect one representative; and two thousand four rpponSd.™
hundred inhabitants shall be the mean increasing number which shall Provisions as to
entitle it to an additional representative. Every town containing less superstd^d.'^^
52
CONSTITUTION OF MASSACHUSETTS.
See Amend-
ments. Arts.
XXI and
LXXI.
Small towns,
how repre-
sented.
Towns may
unite into
representative
districts.
Basis of
representation,
and ratio of
increase.
than twelve hundred inhabitants, shall be entitled to elect a representa-
tive as many times, within ten years, as the number one hundred and
si.xty is contained in the number of the inhabitants of said town. Such
towns may also elect one representative for the year in which the valua-
tion of estates within the commonwealth shall be settled. Any two or
more of the several towns may, by consent of a majority of the legal
voters present at a legal meeting, in each of said towns respectively,
called for that purpose, and held before the first day of August, in the
year one thousand eight hundred and forty, and every tenth year there-
after, form themselves into a representative district, to continue for the
term of ten years; and such district shall have all the rights in regard
to representation, which would belong to a town containing the same
number of inhabitants. The number of inhabitants which shall entitle
a town to elect one representative, and the mean increasing number,
which shall entitle a town or city to elect more than one, and also the
number by which the population of towns, not entitled to a representa-
tive every year, is to be divided, shall be increased respectively, by one
tenth of the numbers above mentioned, whenever the population of the
commonwealth shall have increased to seven hundred and seventy
thousand, and for every additional increase of seventy thousand inhab-
itants, the same addition of one tenth shall be made, respectively, to the
said numbers above mentioned. In the year of each decennial census,
the governor and council shall, before the first day of September, appor-
tion the number of representatives which each city, town, and represent-
ative district is entitled to elect, and ascertain how many years within
ten years, any town may elect a representative, which is not entitled to
elect one every year; and the governor shall cause the same to be pub-
lished forthwith. Nine councillors shall be annually chosen from among
the people at large, on the first Wednesday of January, or as soon there-
after as may be, by the joint ballot of the senators and representatives
assembled in one room, who shall, as soon as may be, in like manner, fill
up any vacancies that may happen in the council, by death, resigna-
tion, or otherwise. No person shall be elected a councillor, who has
not been an inhabitant of this commonwealth for the term of five years
immediately preceding his election; and not more than one councillor
shall be chosen from any one senatorial district in the commonwealth.]
No possession of a freehold or of any other estate shall be required as
a qualification for holding a seat in either branch of the general court,
or in the executive council.
Art. XIV. In all elections of civil officers by the people of this
commonwealth, whose election is provided for by the constitution, the
person having the highest number of votes shall be deemed and declared
to be elected.
Art. XV. The meeting for the choice of governor, lieutenant-
governor, senators and representatives, shall be held on the Tuesday
next after the first Monday in November, [annually]; but in case of a
failure to elect representatives on that day, a second meeting shall be
holden for that purpose on the fourth Monday of the same month of
November.
For change to biennial elections, see Amendments, .\rt. LXH', § I.
Eight council- Art. XVI. Eight couucillors sluill be [annually] chosen by the in-
chosenbythe habitants of this commonwealth, qualihed to vote for goveriu)r. The
122*11883. 594, election of councillors shall be determined by the same rule that is
598.
The governor
and council to
apportion the
number of
representatives
of each town
once in every
ten years.
Councillors to
be chosen from
the people at
large.
Provisions as
to councillors
superseded.
See Amend-
ments, Arts.
XVI and
LXXI
Qualifications
of councillors.
Property _
qualifications
for seat in
general court
or council
al)olished.
Election by
people to be
by plurality.
251 Mass. 95.
Time of annual
election of
governor,
lieutenant-
governor and
members of
the legislature.
CONSTITUTION OF MASSACHUSETTS. 53
required in the election of governor. The legislature, at its first session 239 Mass. 349.
after this amendment shall have been adopted, and at its first session 254 MaS. bit!
after the next state census shall have been taken, and at its first f""" ••hnnEo to
11 -1 1 (> I 1 11 !• * 1 biennial elec-
session after each decennial state census thereaiterwards, shall divide tions, see
the commonwealth into eight districts of contiguous territory, each Art. lxiv, §'i.
containing a number of inhabitants as nearly equal as practicable, with- ^f^f [.fj'J^t'a^te'' "
out dividing any town or ward of a city, and each entitled to elect one
councillor: provided, however, that if, at any time, the constitution Proviso,
shall provide for the division of the commonwealth into forty senatorial
districts, then the legislature shall so arrange the councillor districts
that each district shall consist of five contiguous senatorial districts, as
they shall be, from time to time, established by the legislature. No
person shall be eligible to the office of councillor who has not been Eligibility
an inhabitant of the commonwealth for the term of five years im-
mediately preceding his election. The day and manner of the election, Day and man-
the return of the votes, and the declaration of the said elections, shall "t"" '^'^° '""'
be the same as are required in the election of governor. [Whenever
there shall be a failure to elect the full number of councillors, the va- vacandes.
cancies shall be filled in the same manner as is required for filling p°"neJpro.
vacancies in the senate: and vacancies occasioned bv death, removal vision as to
1 • 1 11 1 fii 1 ■ IM " vacancies, see
from the state, or otherwise, shall be hlled m like manner, as soon Amendments,
as may be after such vacancies shall have happened.] And that there organization
may be no delay in the organization of the government on the first °' government.
Wednesday of January, the governor, with at least five councillors for
the time being, shall, as soon as may be, examine the returned copies
of the records for the election of governor, lieutenant-governor, and
councillors; and ten days before the said first Wednesday in January
he shall issue his summons to such persons as appear to be chosen,
to attend on that day to be qualified accordingly; and the secretary
shall lay the returns before the senate a.nd house of representatives
on the said first Wednesday in January, to be by them examined;
and in case of the election of either of said officers, the choice shall
be by them declared and published; but in case there shall be no
election of either of said officers, the legislature shall proceed to fill
such vacancies in the manner provided in the constitution for the
choice of such officers.
Art. XVII. The secretary, treasurer and receiver-general, auditor. Election of
and attorney-general, shall be cho.sen [annually,] on the day in Novem- ?reaslfrer,'
ber prescribed for the choice of governor; and each person then chosen aUOT'no.v-gen-
as such, duly qualified in other respects, shall hold his office for the "^"^^{l ^^^
term of [one year] from the third Wednesday in January next thereafter, |i*7 Mj>ss. mi.
and until another is chosen and qualified in his stead. The qualification 240 Mass ooi.
of the voters, the manner of the election, the return of the votes, and bi^nniSy? etc ,
the declaration of the election, shall be such as are required in the n'^en'tslTrl?
election of governor. In case of a failure to elect either of said officers lxiv, § 1.
on the day in November aforesaid, or in case of the decease in the
mean time of the person elected as such, such officer shall be chosen on
or before the third Wednesday in January next thereafter from the
two persons who had the highest number of votes for said offices on
the day in November aforesaid, by joint ballot of the senators and
representatives in one room; and in case the office of secretary, or vacanciea,
treasurer and receiver-general, or auditor, or attorney-general, shall
become vacant from any cause during an annual or special session
of the general court, such vacancy shall in like manner be filled by
54
CONSTITUTION OF MASSACHUSETTS.
To qualify
within ten
days, other-
wise office to
be deemed
vacant.
Qualifications.
School money
not to be ap-
plied for sec-
tarian schools.
12 Allen, 500,
508.
103 Mass. 94,
96.
For original
provision as to
schools, see
Dec. of Rights,
Art. III.
Legislature to
prescribe for
election of
sheriffs, regis-
ters of probate,
13 Gray, 74.
110 Mass. 172.
117 Mass. 599,
603.
Reading con-
stitution in
English and
writing, neces-
sany qualifica-
tions of voters.
Proviso.
159 Mass. 413.
237 Mass. 591.
240 Mass. 264,
601.
241 Mass. 168.
247 Mass. 583.
Census of
voters and
inhabitants.
7 Mass. 523.
220 Mass. 609.
239 Mass. 349.
240 Mass. 601.
247 Mass. 583.
254 Mass. 617.
257 Mass. 184.
265 Mass. 19.
269 Mass. 503.
Op. A. G.
(1920) 92.
This article
superseded by
Amendments,
Art. LXXI
and annulled
by Id.
House of repre-
aentafives to
consist of 240
members.
Legislature to
apportion, etc.
10 Gray, 613.
choice from the people at large; but if such vacancy shall occur at any
other time, it shall be supplied by the governor by appointment, with
the advice and consent of the council. The person so chosen or ap-
pointed, duly qualified in other respects, shall hold his office until his
successor is chosen and duly qualified in his stead. In case any person
chosen or appointed to either of the offices aforesaid, shall neglect, for
the space of ten days after he could otherwise enter upon his duties,
to qualify himself in all respects to enter upon the discharge of such
duties, the office to which he has been elected or appointed shall be
deemed vacant. No person shall be eligible to either of said offices
unless he shall have been an inhabitant of this commonwealth five
years next preceding his election or appointment.
Art. XVIII. [All moneys raised by taxation in the towns and cities
for the support of public schools, and all moneys which may be ap-
propriated by the state for the support of common schools, shall be
applied to, and expended in, no other schools than those which are
conducted according to law, under the order and superintendence of
the authorities of the town or city in which the money is to be expended ;
and such moneys shall never be appropriated to any religious sect for
the maintenance exclusively of its own schools,]
This article superseded by .\mendments, Art. XLVI.
Art. XIX. The legislature shall prescribe, by general law, for the
election of sheriffs, registers of probate, [commissioners of insolvency,]
and clerks of the courts, by the people of the several counties, and that
district-attorneys shall be chosen by the people of the several districts,
for such term of office as the legislature shall prescribe.
121 Mass. 65. 239 Mass. 458. 240 Mass. 264, 611. Op. A. G. (1917) 24.
See Amendments, Art. XXXVI.
Art. XX. No person shall have the right to vote, or be eligible to
oflSce under the constitution of this commonwealth, who shall not be
able to read the constitution in the English language, and write his
name: — provided, however, that the provisions of this amendment shall
not apply to any person prevented by a physical disability from com-
plying with its requisitions, nor to any person who now has the right
to vote, nor to any persons who shall be sixty years of age or upwards
at the time this amendment shall take effect.
For other qualifications, see Amendments, Arts. Ill, XXVIII, XXX, XXXI, XXXII, XL.
See also Amendments, Art. XXIII, which was annulled by Amendments, .\rt. XXVI.
Art. XXI. [A census of the legal voters of each city and town, on
the first day of May, shall be taken and returned into the office of the
secretary of the commonwealth, on or before the last day of June, in
the year one thousand eight hundred and fifty-seven; and a census of
the inhabitants of each city and town, in the year one thousand eight
hundred and sixty-five, and of every tenth year thereafter. In the
census aforesaid, a special enumeration shall be made of the legal voters;
and in each city, said enumeration shall specify the number of such
legal voters aforesaid, residing in each ward of such cit,\'. The enu-
meration aforesaid shall determine the apportionment of representatives
for the periods between the taking of the census. The house of repre-
sentatives shall consist of two hundred and forty members, which shall
be apportioned, by the legislature, at its first session after the return of
each enumeration as aforesaid, to the several counties of the common-
wealth, equally, as nearly as may be, according to their relative numbers
of legal voters, as ascertained by the next preceding special enumeration;
CONSTITUTION OF MASSACHUSETTS. 55
and the town of Cohasset, in the county of Norfolk, shall, for this pur-
pose, as well as in the formation of districts, as hereinafter provided,
be considered a part of the county of Plymouth; and it shall he the duty Secretary shall
of the secretary of the commonwealth, to certify, as soon as may he ceM'luthori^ed
after it is determined by the legislature, the number of representatives counUel':
to which each county shall be entitled, to the board authorized to divide
each county into representative districts. The mayor and aldermen of DHHsion of
the city of Boston, the county commissioners of other counties than lo Cray' 6i3.
Sufl'olk, — or in lieu of the mayor and aldermen of the city of Boston, 225 mIH'. m?'
or of the county commissioners in each county other than Suffolk, such ^®' '^*'
board of special commissioners in each county, to be elected by the
people of the county, or of the towns therein, as may for that purpose
be provided by law, shall, on the first Tuesday of August next after each
assignment of representatives to each county, assemble at a shire town
of their respective counties, and proceed, as soon as may be, to divide
the same into representative districts of contiguous territory, so as to
apportion the representation assigned to each county equally, as nearly
as may be, according to the relative number of legal voters in the sev-
eral districts of each county; and such districts shall be so formed that
no town or ward of a city shall be divided therefor, nor shall any district
be made which shall be entitled to elect more than three representatives.
Every representative, for one year at least next preceding his election, Qualifications
shall have been an inhabitant of the district for which he is chosen, and tWeT""^"'''''
shall cease to represent such district when he shall cease to be an inhab- '^^ Mass. 594.
itant of the commonwealth. The districts in each county shall be num- Districts to be
bered by the board creating the same, and a description of each, with Sr'ibed'knd
the numbers thereof and the number of legal voters therein, shall be "='="'fi<=<'
returned by the board, to the secretary of the commonwealth, the
county treasurer of each county, and to the clerk of every town in
each district, to be filed and kept in their respective offices. The
manner of calling and conducting the meetings for the choice of rep-
resentatives, and of ascertaining their election, shall be prescribed by
law.] (Not less than one hundred members of the house of representa- Quorum,
tives shall constitute a quorum for doing business; but a less number ment^Zt
may organize temporarily, adjourn from day to day, and compel the ^^^'H-
attendance of absent members.]
Art. XXII. [A census of the legal voters of each city and town, on Census, etc.
the first day of May, shall be taken and returned into the office of the 122'Masf 594.
secretary of the commonwealth, on or before the last day of June, in l^ l\lZ: til.
the year one thousand eight hundred and fifty-seven; and a census of 254 Mass! ei?:
the inhabitants of each city and town, in the year one thousand eight f^l^m^i
hundred and sixty-five, and of every tenth year thereafter. In the xiiis article
census aforesaid, a special enumeration shall be made of the legal voters, Amemin,fnt''s!
and in each city said enumeration shall specify the number of such tndtn^Med
legal voters aforesaid, residing in each ward of such city. The enu- ^y w.
meration aforesaid shall determine the apportionment of senators for baJi"of*app°or-
the periods between the taking of the census. The senate shall consist senaTo'rs' °'
of forty members. The general court shall, at its first session after s.™ate to con-
each next preceding special enumeration, divide the commonwealth menTbere.
into forty districts of adjacent territory, each district to contain, as Senatorial
nearly as may be, an equal number of legal voters, according to the enu-
meration aforesaid : — provided, however, that no town or ward of a city
shall be divided therefor; and such districts shall be formed, as nearly as
may be, without uniting two counties, or parts of two or more counties,
56
CONSTITUTION OF MASSACHUSETTS.
Qualifications
of senators.
Quorum.
See Amend-
ments. Art.
XXXIII.
Residence of
two years re-
quired of natu-
ralized citizens
to entitle to
suffrage or
make eligible
to office.
This article
annulled by
Amendments,
Art. XXVI.
Vacancies in
senate.
Vacancies in
council.
239 Mass. 349.
Amendments,
Art. XXIII
relative to
length of
residence
required of
naturalized
citizens to
entitle to suf-
frage or make
eligible
to office,
annulled.
Officers of
Harvard
College may be
elected mem-
bers of the
general court.
Persons having
served in the
V. S. army or
navy, etc., not
to be disquali-
fied from vot-
ing, etc.
237 Mass. 591.
Voting pre-
cincts in towns.
229 Mass. (iOI.
For absentee
voting provi-
sion, see
Amendments,
Art. XLV.
into one district. Each district shall elect one senator, who shall have
been an inhabitant of this commonwealth five years at least immediately
preceding his election, and at the time of his election shall be an in-
habitant of the district for which he is chosen; and he shall cease to
represent such senatorial district when he shall cease to be an inhab-
itant of the commonwealth.] [Not less than sixteen senators shall
constitute a quorum for doing business; but a less number may organize
temporarily, adjourn from day to day, and compel the attendance of
absent members.]
Art. XXIII. [No person of foreign birth shall be entitled to vote,
or shall be eligible to office, unless he shall have resided within the
jurisdiction of the United States for two years subsequent to his nat-
uralization, and shall be otherwise qualified, according to the constitu-
tion and laws of this commonwealth: provided, that this amendment
shall not affect the rights which any person of foreign birth possessed
at the time of the adoption thereof; and, provided, further, that it shall
not affect the rights of any child of a citizen of the United States, born
during the temporary absence of the parent therefrom.]
Art. XXIV. Any vacancy in the senate shall be filled by election
by the people of the unrepresented district, upon the order of a majority
of senators elected.
Art. XXV. In case of a vacancy in the council, from a failure of
election or other cause, the senate and house of representatives shall,
by concurrent vote, choose some eligible person from the people of
the district wherein such vacancy occurs, to fill that office. If such
vacancy shall happen when the legislature is not in session, the governor,
with the advice and consent of the council, may fill the same by ap-
pointment of some eligible person.
Art. XXVI. The twenty-third article of the articles of amendment
of the constitution of this commonwealth, which is as follows, to wit : —
"No person of foreign birth shall be entitled to vote, or shall be eligible
to office, unless he shall have resided within the jurisdiction of the
United States, for two years subsequent to his naturalization, and shall
be otherwise qualified according to the constitution and laws of this
commonwealth: provided, that this amendment shall not affect the
rights which any person of foreign birth possessed at the time of the
adoption thereof; and provided, further, that it shall not affect the rights
of any child of a citizen of the United States, born during the temporary
absence of the parent therefrom," is hereby wholly annulled.
Art. XXVII. So much of article two of chapter six of the consti-
tution of this commonwealth as relates to per.sons holding the office
of president, professor or instructor of Harvard College is hereby
annulled.
Art. XXVIII. No person having served in the army or navy of the
United States in time of war, and ha\ing been honorably discharged
from such service, if otherwise qualified to vote, shall be disqualified
therefor on account of [being a pauper;] or [, if a pauper,] because of
the non-payment of a poll tax.
Amended by Amendments, Art. XXXI.
Art. XXIX. The general court shall have full power and authority
to provide for tiie inhabitants of the towns in this commonwealth
more than one place of public meeting within the limits of each town
for the election of officers under the constitution, and to prescribe the
manner of calling, holding and conducting such meetings. All the
CONSTITUTION OF MASSACHUSETTS. 57
provisions of the existing constitution inconsistent with the provisions
herein contained are hereby annulled.
Art. XXX. No person, otherwise qualified to vote in elections for Voter.s not dis-
governor, lieutenant-governor, senators, and representatives, shall, by ?e"«m''of''^
reason of a change of residence within the commonwealth, be disqualificil 'tei'c'e until mx
from voting for said officers in the city or town from wiiich he has {"""'of '""'
removed his residence, until the expiration of six calendar months 240 m"''
from the time of such removal.
1 Op. A. G. 69.
For absentee voting provision, see Amendments, Art. XLV.
Art. XXXI. Article twenty-eight of the amendments of the con- Amendments,
stitution is hereby amended by striking out in the fourth line thereof amendeY'"' .
the words "being a pauper", and inserting in place thereof the words:
— receiving or having received aid from any city or town, — and also
by striking out in said fourth line the words "if a pauper", so that
the article as amended shall read as follows: Article XXVIII. No Person who
person having served in the army or navy of the United States in time o^nlvyre"™^
of war, and having been honorably discharged from such service, if ro^vMing'^'''^
otherwise qualified to vote, shall be disqualified therefor on account of J°ee^vedTid
receiving or ha\ing recei\ed aid from any city or town, or because °' '"f "°"-
of the non-payment of a poll tax. pofrtas, elc.
237 Mass. 591. 240 Mass. 601.
Art. XXXII. So much of article three of tlie amendments of the Provisions of
constitution of the commonwealth as is contained in the following ArrniTreia-
words: "and who shall have paid, by himself, or his parent, master, or ^^elt°oF^\lx
guardian, any state or county tax, which shall, within two years next fjuaiificatlon
preceding such election, have been assessed upon him, in any town or oSy m"'' sm
district of this commonwealth; and also every citizen who shall be,
by law, exempted from taxation, and who shall be, in all other respects,
qualified as above mentioned ", is hereby annulled.
Art. XXXIII. Amajority of the members of each branch of the gen- Quorum, in
eral court shall constitute a quorum for the transaction of business, but g?nera[™un?^
a less number may adjourn from day to day, and compel the attend- majority'of
ance of absent members. All the provisions of the existing constitution members.
inconsistent with the provisions herein contained are hereby annulled.
Art. XXXIV. So much of article two of section one of chapter two Provisions of
of part the second of the constitution of the commonwealth as is con- n?"sec't.'^'!'''''
tained in the following words: "and unless he shall at the same time, ^^ektiveto
be seised in his own right, of a freehold within the commonwealth of fcatfo'fof'Kov-
the value of one thousand pounds"; is hereby annulled. ""°l;'^""""^'"^-
A '^^'VVlT o I p • 1 p ' n 1 240 Mass. faOl.
ART. AAAv . bo much or article two oi section three or chapter one Provisions of
of the constitution of the commonwealth as is contained in the following s^c't^Viii'""'' ^'
words: "The expenses of travelling to the general assembly, and return- ^^^,"5 to
ing home, once in every session, and no more, shall be paid by the fpense of
' .(■.111- . 1 1 11 travellmgto
government, out ot the public treasury, to every member wdio shall the general
attend as seasonably as he can, in the judgment of the house, and does members of the
not depart without leave ", is hereby annulled. house, annulled.
Art. XXXVI. So much of article nineteen of the articles of amend-
ment to the constitution of the commonwealth as is contained in the
following words "commissioners of insolvency", is hereby annulled.
Provisions of Amendments, Art. XIX, relative to providing for election of commissioners of insol-
vency, annulled.
Art. XXXVII. The governor, with the consent of the council, may Removal of
remove justices of the peace and notaries public. the peace and
notaries public.
58
CONSTITUTION OF MASSACHUSETTS.
Voting Art. XXXVIII. Voting machines or other mechanical devices for
machines may . i n i • i i ■ i
be used at votrng may be used at all elections under such regulations as may be
196 Mass. 410. prescribed by law : provided, however, that the right of secret voting
1 Op. A. G. 602. 1 11 1 J
shall be preserved.
For compulsory voting, see Amendments, Art. LXI.
Powers of
legislature
relative to
excess taliinga
of land, etc.,
for laying out.
widening or
relocating
highways, etc.
I^roviso.
Amendments,
Art. Ill rela-
tive to quali-
fications
of voters,
amended.
Taxation of
wild or forest
lands.
270 Mass. 593.
Referendum.
This article
superseded by
Amendments,
Art. XLVIII,
and annulled
by Id., General
Provisions,
VIII.
Powers of
general court
relative to the
taking of land,
etc., to relieve
congestion of
population
and to provide
homes for
citizens.
4 0p. A.G. 516
General court
may provide
for taxing
incomes.
226 Mass. 268.
227 Mass. 522.
234 Mass. 42.
237 Mass. 493,
523.
239 Mass. 410.
242 Mass. 242.
247 Mass. 490.
259 Mass. 1.
266 Mass. 547,
683.
270 Mass. .593.
252 U. S. 169.
Art. XXXIX. Article ten of part one of the constitution is hereby
amended by adding to it the following words: — The legislature may
by special acts for the purpose of laying out, widening or relocating
highways or streets, authorize the taking in fee by the commonwealth,
or by a county, city or town, or more land and property than are needed
for the actual construction of such highway or street: provided, however,
that the land and property authorized to be taken are specified in the
act and are no more in extent than would be sufficient for suitable
building lots on both sides of such highway or street, and after so much
of the land or property has been appropriated for such highway or
street as is needed therefor, may authorize the sale of the remainder
for value with or without suitable restrictions.
Art. XL. Article three of the amendments to the constitution is
hereby amended by inserting after the word "guardianship", in line
two, the following : — and persons temporarily or permanently dis-
qualified by law because of corrupt practices in respect to elections.
Art. XLI. Full power and authority are hereby given and granted
to the general court to prescribe for wild or forest lands such methods
of taxation as will develop and conserve the forest resources of the
commonwealth.
Art. XLII. [Full power and authority are hereby given and granted
to the general court to refer to the people for their rejection or approval
at the polls any act or resolve of the general court or any part or parts
thereof. Such reference shall be by a majority yea and nay vote of all
members of each house present and voting. Any act, resolve, or part
thereof so referred shall be \oted on at the regular state election next
ensuing after such reference, shall become law if appro\'ed by a majority
of the voters voting thereon, and shall take effect at the expiration of
thirty days after the election at which it was approved or at such time
after the expiration of the said thirty days as may be fixed in such act,
resolve or part thereof.]
Art. XLIII. The general court shall have power to authorize the
commonwealth to take land and to hold, improve, sub-divide, build
upon and sell the same, for the purpose of relieving congestion of pop-
ulation and providing homes for citizens: provided, however, that this
amendment shall not be deemed to authorize the sale of such land or
buildings at less than the cost thereof.
Op. A. G. (1920) 241.
Art. XLIV. Full power and authority are hereby given and granted
to the general court to impose and levy a tax on income in the manner
hereinafter provided. Such tax may be at ditt'erent rates upon income
derived from different classes of property, but shall be levied at a uni-
form rate throughout the commonwealth upon incomes deri\-ed from
the same class of property. The general court may tax income not de-
rived from property at a lower rate than income derived from iM-o[)erty,
and may grant reasonable exemptions aiul abatements. Any class of
property the income from which is taxed under the i)ro\isions of this
CONSTITUTION OF MASSACHUSETTS. 59
article may be exempted from the imposition and levying of propor- 2.50 u. s. ss9.
tional and reasonable assessments, rates and taxes as at present author- (1920) 20s.
ized by the constitution. This article shall not be construed to limit
the power of the general court to impose and levy reasonable duties
and excises.
Art. XLV. The general court shall have power to provide by law General court
for voting by qualified voters of the commonwealth who, at the time fOTahsTntee
of an election, are absent from the city or town of which they are in- SuMass. 349.
habitants in the choice of any officer to be elected or upon any question ' '-'f' '^- ^- ^^^•
submitted at such election.
For compulsory voting, see Amendments, Art. LXI.
Art. XLVI. (In place of and substitution for article XVIII Substitute for
»i •, p ^ ni ■■Si x>T-TTT Amendments,
or the articles or amendment of the constitution.) Article XvIII. Art. xviii.
Section 1. No law shall be passed prohibiting the free exercise of fJe'Sim!*
reliffion. ^^'^ Mass. 435.
Section 2. All moneys raised by taxation in the towns and cities Public money
for the support of public schools, and all moneys which may be ap- pcnded t'o'^aid
propriated by the commonwealth for the support of common schools wh'„ny*un"de"°'
shall be applied to, and expended in, no other schools than those which sh" anT"'"^'
are conducted according to law, under the order and superintendence lo^^'^ljsf 94
of the authorities of the town or city in which the money is expended; i^a iwass. 571.
J ^ . . e 1 1- .'1 214 Mas.s. 599.
and no grant, appropriation or use of public money or property or lOp. a.g. 319,
loan of public credit shall be made or authorized by the commonwealth 2 op. a.g. 75.
or any political division thereof for the purpose of founding, maintain- s^op. a. g. 153.
ing'or aiding any school or institution of learning, whether under public figigy^'
control or otherwise, wherein any denominational doctrine is inculcated, Op^^- ^ j^
or any other school, or any college, infirmary, hospital, institution, or 102. '
educational, charitable or religious undertaking which is not publicly (1920) 10b, ue.
owned and under the exclusive control, order and superintendence of
public officers or public agents authorized by the commonwealth or
federal authority or both, except that appropriations may be made Exceptions.
for the maintenance and support of the Soldiers' Home in Massachu-
setts and for free public libraries in any city or town, and to carry out
legal obligations, if any, already entered into; and no such grant, ap- Giving or
propriation or use of public money or property or loan of public credit ortho^com- '
shall be made or authorized for the purpose of founding, maintaining ^Sled'hy
or aiding any church, religious denomination or society. AJ-rLxiY'Ti
Section 3. Nothing herein contained shall be construed to prevent Care or sup-
the commonwealth, or any political division thereof, from paying to hospitaCetc.f
privately controlled hospitals, infirmaries, or institutions for the deaf, areTubUc "''°
dumb or blind not more than the ordinary and reasonable compensa- °^^^b^-
tion for care or support actually rendered or furnished by such hos-
pitals, infirmaries or institutions to such persons as may be in whole
or in part unable to support or care for themsehes.
Section 4. Nothing herein contained shall be co.nstrued to deprive inmates of cer-
any inmate of a publicly controlled reformatory, penal or charitable iTons'no't'to be
institution of the opportunity of religious exercises therein of his own ^^ious e°xcr-
faith; but no inmate of such institution shall be compelled to attend fitth-^no'j''''^
religious ser\ices or receive religious instruction against his will, or, if compelled to
... I „ Y . • . attend ser\ace3,
a minor, without the consent or his parent or guardian. etc.
Section 5. This amendment shall not take effect until the October Time of
first next succeeding its ratification and adoption by the people. taking effect.
This amendment not to be the subject of an initiative amendment. See .Amendments, Art. XL^^II,
The Initiative, II, § 2.
60
CONSTITUTION OF MASSACHUSETTS.
General court
may provide
for distribu-
tion of food,
etc., in time of
war, etc., by
the common-
wealth, cities
and towns.
239 Mass. 349.
Art. XLVII. The maintenance and distribution at reasonable rates,
during time of war, public exigency, emergency or distress, of a sufficient
supply of food and other common necessaries of life and the providing
of shelter, are public functions, and the commonwealth and the cities
and towns therein may take and may provide the same for their inhab-
itants in such manner as the general court shall determine.
242 Mass. 508. Op. A. G. (1918) 29.
Initiative and
referendum,
definition.
236 Mass. 463.
239 Mass. 349.
247 Mass. 5S3.
254 Mass. 617.
2.55 Mass. 369.
257 Mass. 91.
259 Mass. 14.
260 Mass. 423.
261 Mass. 523.
Art. XLVIII.
I. Definition.
Legislative power shall continue to be vested in the general court;
but the people reserve to themselves the popular initiative, which is
the power of a specified number of voters to submit constitutional
amendments and laws to the people for approval or rejection ; and the
popular referendum, which is the power of a specified number of voters
to submit laws, enacted by the general court, to the people for their
ratification or rejection.
262 Mass. 603.
267 Mass. 430.
269 Mass. 503.
271 Mass. 582.
Contents
of initiative
petition.
262 Mass. 603.
Certain mat-
ters shall not
be proposed
by initiative
petition.
257 Mass. 91.
262 Mass. 603.
269 Mass. 503.
271 Mass. 582.
Duty of gen-
eral court to
carry out law
approved by
the people.
Anti-aid
amendment,
so-called (.\rt.
XLVI), not
to be subject
of initiative
amendment.
Certain indi-
vidual rights
not to be
subject of
initiative or
referendum
petition.
Further
excluded
mutters.
The Initi.\tive.
II. Initiative Petitions.
Section 1. Contents. — An initiative petition shall set forth the full
text of the constitutional amendment or law, hereinafter designated
as the measure, which is proposed by the petition.
Section 2. Excluded Matters. — No measure that relates to religion,
religious practices or religious institutions; or to the appointment,
qualification, tenure, removal, recall or compensation of judges; or
to the reversal of a judicial decision; or to the powers, creation or
abolition of courts; or the operation of which is restricted to a par-
ticular town, city or other political division or to particular districts
or localities of the commonwealth; or that makes a specific appropria-
tion of money from the treasury of the commonwealth, sliall be proposed
by an initiative petition; but if a law approved by the people is not
repealed, the general court shall raise by taxation or otheiVise and shall
appropriate such money as may be necessary to carry such law into
eftect.
Neither the eighteenth amendment of the constitution, as approved
and ratified to take eftect on the first day of October in the year nine-
teen hundred and eighteen, nor this provision for its protection, shall
be the subject of an initiative amendment.
No proposition inconsistent with any one of the following rights of
the individual, as at present declared in the declaration of rights, shall
be the subject of an initiative or referendum petition: The right to
receive compensation for private property appropriated to public use;
the right of access to and protection in courts of justice; the right of
trial by jury; protection from unreasonable search, unreasonable bail
and the law martial ; freedom of the press ; freedom of speech; freedom
of elections; and the right of peaceable assembly.
No part of the constitution specifically excluding any matter from
the operation of the popular initiative and rcfcri'iidum shall l)e tlie
subject of an initiative petition; nor shall this section be the subject
of such a petition.
CONSTITUTION OF MASSACHUSETTS. 61
The limitations on the legislative power of the general court in the Certain
constitution shall extend to the legislative power of the people as exer- limitations
cised hereunder.
Section 3. Mode of Originating. — Such petition shall first be signed origfLting
bv ten qualified voters of the commonwealth and shall then be sub- "tc '
, , 1 1 -r. 1 in ,•!■ ,1 , ji 2;j5 Mass. 366.
mitted to the attorney-general, and it he shall certify that the measure 257 Mass. 91.
is in proper form for submission to the people, and that it is not, either 271 iilll'. 582'.
affirmatively or negatively, substantially the same as any measure
which has been qualified for submission or submitted to the people
within three years of the succeeding first Wednesday in December and
that it contains only subjects not excluded from the popular initiative
and which are related or which are mutually dependent, it may then
be filed with the secretary of the commonwealth. The secretary of f^fcommon-
the commonwealth shall provide blanks for the use of subsequent S'bia'nk"^'
signers, and shall print at the top fif each blank a description of the forms, etc.
proposed measure as such description will appear on the ballot to-
gether with the names and residences of the first ten signers. All
initiative petitions, with the first ten signatures attached, shall beTimeoffiUng
filed with the secretary of the commonwealth not earlier than the first p''""°™-
Wednesday of the September before the assembling of the general
court into which they are to be introduced, and the remainder of the
required signatures shall be filed not later than the first Wednesday
of the following December.
Section 4. Transmission to the General Court. — If an initiative Transmission
petition, signed by the required number of qualified voters, has been measure to the
filed as aforesaid, the secretary of the commonwealth shall, upon the is^Mass^'gi;
assembling of the general court, transmit it to the clerk of the house of
representatives, and the proposed measure shall then be deemed to be
introduced and pending.
///. Legislative Action. General Provisions.
Section 1. Reference to Committee. — If a measure is introduced Reference to
into the general court by initiative petition, it shall be referred to a committee and
, „ , ' . . ^ 1 11 ... Ill report thereon.
committee thereof, and the petitioners and all parties in interest shall 254 Mass. 617.
be heard, and the measure shall be considered and reported upon to
the general court with the committee's recommendations, and the
reasons therefor, in writing. Majority and minority reports shall be
signed by the members of said committee.
Section 2. Legislative Substitutes. — The general court may, by Legislative
resolution passed by yea and nay vote, either by the two houses sep- fnitLuve"
arately, or in the case of a constitutional amendment by a majority of 25TM'a^ss. 617.
those voting thereon in joint session in each of two years as hereinafter ^^J ^^l^- ^^^^■
provided, submit to the people a substitute for any measure intro- 261 Mass. 523.
duced by initiative petition, such substitute to be designated on the
ballot as the legislative substitute for such an initiative measure and
to be grouped with it as an alternative therefor.
IV. Legislative Action on Proposed Constitutional Amendments.
Section 1. Definition. — A proposal for amendment to the consti- Definition of
1 ..... .. UIIU initiative
tution introduced into the general court by initiative petition shall be amendment^
designated an initiative amendment, and an amendment introduced substit^ute.
by a member of either house shall be designated a legislative sub-
stitute or a legislative amendment.
62
CONSTITUTION OF MASSACHUSETTS.
Joint session
to consider
amendment to
the constitu-
tion.
237 Mass. 589.
When governor
shall call joint
session.
Proposed
amendment
to the consti-
tution, form
in which to be
voted upon.
Final legisla-
tive action to
be taicen by
yeas and navs.
237 Mass. 589.
Reference to
next general
court.
Submission of
amendment
to the people.
226 Mass. 607.
237 Mass. 589.
3 Op. A. G. 370
When
amendment
becomes part
of the con-
stitution.
Section 2. Joint Session. ■ — If a proposal for a specific amend-
ment of the constitution is introduced into the general court by initi-
ative petition signed by not less than twenty-five thousand qualified
voters, or if in case of a proposal for amendment introduced into the
general court by a member of either house, consideration thereof in
joint session is called for by vote of either house, such proposal shall,
not later than the second Wednesday in June, be laid before a joint
session of the two houses, at which the president of the senate shall
preside; and if the two hou.ses fail to agree upon a time for holding any
joint session hereljy required, or fail to continue the same from time
to time until final action has been taken upon all amendments pending,
the governor shall call such joint session or continuance thereof.
Section 3. Amendment of Proposed Amendments. — A proposal for
an amendment to the constitution introduced by initiative petition
shall be voted upon in the form in which it was introduced, unless such
amendment is amended by vote of three-fourths of the members voting
thereon in joint session, which vote shall be taken by call of the yeas
and nays if called for by any member.
Section 4. Lecjislative Action. — Final legislative action in the
joint session upon any amendment shall be taken only by call of the
yeas and nays, which shall be entered upon the journals of the two
houses; and an unfavorable vote at any stage preceding final action
shall be verified by call of tlie yeas and nays, to be entered in like
manner. At such joint session a legislative amendment receiving the
affirmative votes of a majority of all the members elected, or an initi-
ative amendment receiving the affirmative votes of not less than one-
fourth of all the members elected, shall be referred to the next general
court.
Section 5. Submission to the People. — If in the next general court
a legislative amendment shall again be agreed to in joint session by a
majority of all the members elected, or if an initiative amendment or a
legislative substitute shall again receive the affirmative votes of at least
one-fourth of all the members elected, such fact shall be certified by
the clerk of such joint session to the secretary of the commonwealth,
who shall submit the amendment to the people at the next state elec-
tion. Such amendment shall become part of the constitution if ap-
proved, in the case of a legislative amendment, by a majority of the
voters voting thereon, or if approved, in the case of an initiative amend-
ment or a legislative substitute, by voters equal in number to at least
thirty per cent of the total number of ballots cast at such state election
and also by a majority of the voters voting on such amendment.
Legislative
f)rocedure on
aw proposed
by initiative
petition, etc.
257 Mass. 91.
269 Mass. 503.
r. Legislative Action on Proposed Laws.
Section 1. Legislative Procedure.- — If an initiative petition for a
law is introduced into the general court, signed by not less than twenty
thousand qualified voters, a vote shall be taken by yeas and nays in
both houses before the first Wednesday of June upon the enactment
of such law in the form in which it stands in such petition. If the
general court fails to enact such law before the first Wednesday of
June, and if such petition is completed by filing with the secretary of
the commonwealth, not earlier than the first Wednesday of the follow-
ing July nor later than the first Wednesday of the following August,
not less than five thousand signatures of qualified voters, in addition
CONSTITUTION OF MASSACHUSETTS. 63
to tliose signins such initiative petition, which signatures must have
been ohtaiiied after the first Wethiesday of June aforesaid, then the
secretary of the commonwealth shall submit such pro{)()sed law to the
peojjle at the next state election. If it shall be approved by voters when measure
equal in number to at least thirty per cent of the total number of ballots andTakel"'"
cast at such state election and also by a majority of the voters voting *'''""■■
on such law, it shall become law, and shall take effect in thirty days
after such state election or at such time after such election as may be
provided in such law.
Section 2. Amendment by Petitioners. — If the general court fails Amendment
to pass a proposed law before the first Wednesday of June, a majority fiwi°ype'ti'-
of the first ten signers of tlie initiative petition therefor shall ha\e the sL°bn"isJi'on of
right, subject to certification by the attorney-general filed as herein- ^o" ^b '°
after provided, to amend the measure which is the subject of such fg"*""'^ °'
petition. An amendment so made shall not invalidate any signature wealth.
attached to the petition. If the measure so amended, signed by a
majority of the first ten signers, is filed with the secretary of the com-
monwealth before the first \\'ednesday of the following July, together
with a certificate signed by the attorney-general to the effect that the
amendment made by such proposers is in his opinion perfecting in its
nature and does not materially change the substance of the measure,
and if such petition is completed by filing with the secretary of the
commonwealth, not earlier than the first Wednesday of the following
July nor later than the first Wednesday of the following August, not
less than five thousand signatures of qualified voters, in addition to
those signing such initiative petition, which signatures must have been
obtained after the first Wednesday of June aforesaid, then the secretary
of the commonwealth shall submit the measure to the people in its
amended form.
17. Conflicting and Alternative Measures.
If in any judicial proceeding, provisions of constitutional amendments Conflicting
or of laws approved by the people at the same election are held to be mel^ure"'""™
in conflict, then the pro\isions contained in the measure that received go«ra wh'n
the largest number of affirmative votes at such election shall govern. theTeoptl'eto
A constitutional amendment approved at any election siiall govern
any law approved at the same election.
The general court, by resolution passed as hereinbefore set forth. General court
may provide for grouping and designating upon the ballot as conflicting fTyTpinl,
measures or as alternative measures, only one of which is to be adopted, baUot.""" ""^
any two or more proposed constitutional amendments or laws which
have been or may be passed or qualified for submission to the people
at any one election: provided, that a proposed constitutional amendment Proviso.
and a proposed law shall not be so grouped, and that the ballot shall
afford an opportunity to the voter to vote for each of the measures or
for only one of the measures, as may be provided in said resolution, or
against each of the measures so grouped as conflicting or as alternative.
In case more than one of the measures so grouped shall receive the vote Largest aSi
required for its approval as herein provided, only that one for which the prevlu.'
largest affirmative vote was cast shall be deemed to be approved.
rma-
vote to
64
CONSTITUTION OF MASSACHUSETTS.
When laws
passed by
general court
take effect.
255 Mass. 369.
267 Mass. 430.
268 Mass. 38.
Emergency
law to contain
preamble.
236 Mass. 463.
268 Mass. 38.
Yea and nay
vote on emer-
gency pre-
amble.
See Amend-
ments, Art.
LXVII.
How governor
may cause
certain laws
to take effect
forthwith.
Exception.
The Referendum.
I. When Statutes shall take Effect.
No law passed by the general court shall take effect earlier than
ninety days after it has become a law, excepting laws declared to be
emergency laws and laws which may not be made the subject of a
referendum petition, as herein provided.
Op. A. G. C1919) 78. Op. A. G. (1920) 194, 199.
II. Emergency Measures.
A law declared to be an emergency law shall contain a preamble
setting forth the facts constituting the emergency, and shall contain
the statement that such law is necessary for the immediate preserva-
tion of the public peace, health, safety or convenience. [A separate
vote shall be taken on the preamble by call of the yeas and nays, which
shall be recorded, and unless the preamble is adopted by two-thirds of
the members of each house voting thereon, the law shall not be an
emergency law ; but] if the governor, at any time before the election at
which it is to be submitted to the people on referendum, files with
the secretary of the commonwealth a statement declaring that in his
opinion the immediate preservation of the public peace, health, safety
or convenience requires that such law should take effect forthwith and
that it is an emergency law and setting forth the facts constituting the
emergency, then such law, if not previously suspended as hereinafter
provided, shall take effect without suspension, or if such law has been
so suspended such suspension shall thereupon terminate and such law
shall thereupon take effect: but no grant of any franchise or amend-
ment thereof, or renewal or extension thereof for more than one year
shall be declared to be an emergency law.
///. Referendum Petitions.
Contents. — A referendum petition may ask for a refer-
Sferendum SECTION 1.
petition. endum to the people upon any law enacted by the general court which
236 Mass. 463. . i.iii'i
239 Mass. 349. is not herein expressly excluded.
268 Mass. 38.
Certain mat-
ters shall not
be the subject
of a referendum
petition.
255 Mass. 369.
Op. A. G.
(1919) 78.
Op. A. G.
(1920) 194, 199.
Mode of
petitioning
for suspen-
sion of a law
and a
referendum
thereon.
233 Mass. 543.
Duties of the
secretary of
the common-
wealth, etc.
3 0p. A. G. 424.
Op A. G. (1919) 95.
Section 2. Excluded Matters. — No law that relates to religion,
religious practices or religious institutions; or to the appointment,
qualification, tenure, removal or compensation of judges; or to the
powers, creation or abolition of courts; or the operation of which is
restricted to a particular town, city or other political division or to
particular districts or localities of the commonwealth; or that appropri-
ates money for the current or ordinary expenses of the commonwealth
or for any of its departments, boards, commissions or institutions shall
be the subject of a referendum petition.
Section 3. Mode of Petitioning for the Suspension of a Law and a
Referendum thereon. — A petition asking for a referendum on a law,
and requesting that the operation of such law be suspended, shall first
be signed by ten qualified voters and shall then be filed with the secre-
tary of the commonwealth not later than thirty days after the law that
is the subject of the petition has become law. The secretary of the
commonwealth shall provide blanks for the use of subsequent signers,
and shall print at the top of each blank a description of the proposed
CONSTITUTION OF MASSACHUSETTS. g5
law as such description will appear on the ballot together with the
names and residences of the first ten signers. If such petition is com-
pleted by filing with the secretary of the commonwealth not later than
ninety days after the law which is the subject of the petition has become
law the signatures of not less than fifteen thousand qualified voters of
the commonwealth, then the operation of such law shall be suspended,
and the secretary of the commonwealth shall submit such law to the
people at the next state election, if thirty days intervene between the
date when such petition is filed with the secretary of the common-
wealth and the date for holding such state election; if thirty days do
not so intervene, then such law shall be submitted to the people at the
next following state election, unless in the meantime it shall have been
repealed; and if it shall be approved by a majority of the qualified sa°'ffo°/''"'
voters voting thereon, such law shall, subject to the provisions of the approval, etc.
constitution, take effect in thirty days after such election, or at such
time after such election as may be provided in such law; if not so
approved such law shall be null and void; but no such law shall be
held to be disapproved if the negative vote is less than thirty per cent
of the total number of ballots cast at such state election.
Section 4. Petitions for Referendum on an Emergency Law or a Law Petition for
the SitJijmmon of which is not asked for. — A referendum petition may lnemefge™cy°
ask for the repeal of an emergency law or of a law which takes efi'ect Ih" s°uspinsTon
because the referendum petition does not contain a request for sus- °^k''*'f'' '^ '""
pension, as aforesaid. Such petition shall first be signed by ten qual-
ified voters of the commonwealth, and shall then be filed with the
secretary of the commonwealth not later than thirty days after the
law which is the subject of the petition has become law. The secretary Duties of
of the commonwealth shall provide blanks for the use of subsequent ^heTommon-
signers, and shall print at the top of each blank a description of the "*^'"'' ^"'•
proposed law as such description will appear on the ballot together
with the names and residences of the first ten signers. If such petition
filed as aforesaid is completed by filing with the secretary of the com-
monwealth not later than ninety days after the law which is the sub-
ject of the petition has become law the signatures of not less than ten
thousand qualified voters of the commonwealth protesting against such
law and asking for a referendum thereon, then the secretary of the
commonwealth shall submit such law to the people at the ne.xt state
election, if thirty days intervene between the date when such petition
is filed with the .secretary of the commonwealth and the date for holding
such state election. If thirty days do not so intervene, then it shall
be submitted to the people at the next following state election, unless
in the meantime it shall have been repealed ; and if it shall not be ap- Votes neees-
proved by a majority of the qualified voters voting thereon, it shall, Tpprl°l\. etc.
at the expiration of thirty days after such election, be thereby repealed;
but no such law shall be held to be disapproved if the negative vote is
less than thirty per cent of the total number of ballots cast at such
state election.
General Provisions.
/. Identification and Certification of Signatures.
Provision shall be made bv law for the proper identification and identification
,.£•,. j> . ; . . , . 1 ,1 rt , , a"d certifica-
certuication oi signatures to the petitions hereinbefore referred to, and tionofsigna-
for penalties for signing any such petition, or refusing to sign it, for S,*e°tc'!^"'
money or other valuable consideration, and for the forgery of signa-
66
CONSTITUTION OF MASSACHUSETTS.
tures thereto. Pending the passage of such legislation all provisions
of law relating to the identification and certification of signatures to
petitions for the nomination of candidates for state offices or to penalties
for the forgery of such signatures shall apply to the signatures to the
petitions herein referred to. The general court may provide by law
that no co-partnership or corporation shall undertake for hire or reward
to circulate petitions, may recjuire individuals who circulate petitions
for hire or reward to be licensed, and may make other reasonable regu-
lations to prevent abuses arising from the circulation of petitions for
hire or reward.
II. Limitation on Signatures.
nlfmber"^' -^"ot more than one-fourth of the certified signatures on any petition
260 M^ass 423 ^hall be those of registered voters of any one county.
General rourt
may by law-
regulate pi'ti-
tions circulated
for hire or
reward.
Form of
question on
ballot, etc.
271 Mass. 582.
III. Form of Ballot.
Each proposed amendment to the constitution, and each law sub-
mitted to the people, shall be described on the ballots by a description
to be determined by the attorney-general, subject to such pro\ision as
may be made by law, and the secretary of the commonwealth shall
give each question a number and cause such question, except as other-
wise authorized herein, to be printed on the ballot in the following
form : —
In the case of an amendment to the constitution: Shall an amend-
ment to the constitution (here insert description, and state,
in distinctive type, whether approved or disapproved by
the general court, and by what vote thereon) be appro\-ed?
In the case of a law: Shall a law (here insert description, and state,
in distinctive type, whether approved or disapproved by
the general court, and by what \"ote thereon) be approved?
YES.
NO.
YE.S.
no7
Certain in-
formation for
voters to be
sent by
secretary of
the common-
wealth.
271 Mass. 582.
7T'. Information for Voters.
The secretary of the commonwealth shall cause to be printed and
sent to each registered voter in the commonwealth the full text of
every measure to be submitted to the people, together with a cop,\- of
the legislative committee's majority and minority reports, if there
be such, with the names of the majority and minority members thereon,
a statement of the votes of the general court on the measure, and a
description of the measure as such description will appear on the ballot;
and shall, in such manner as may be provided by law, cause to be
prepared and sent to the voters other information and arguments for
and against the measure.
I'. The Veto Power of the Governor.
mencrto'c^er- The vcto powcr of the governor shall not extend to measures approved
tain measures. \yy i\yQ people.
VI. The General Court's Power of Repeal.
rmendment Subjcct to the vcto powcr of the govemor and to the right of ref-
"enerlT' '''rt crendum by petition as herein provided, the general court may amend
or repeal a law approved by the people.
CONSTITUTION OF MASSACHUSETTS. 67
VII. Amendment declared to be Self -executing.
This article of amendnicnt to the constitution is self-executing, but This amend-
I . , . . . . , , . , . '11 ment to bo
legislation not inconsistent with anythin<i; herein contained may be scif-executing,
enacted to facihtate the operation of its provisions.
17//. Articles IX and XLII of Amendments of the Constitution
annulled.
Article IX and Article XLII of the amendments of the constitution
are hereby annulled.
Amendments, Arts. IX and XLII relative to amending the constitution and referring acts or
resolves to the people, annulled. 239 Mass. 349.
Art. XLIX. The conservation, development and utilization of the Conservation,
agricultural, mineral, forest, water and other natural resources of the natural re-
commonwealth are public uses, and the general court shall have power common"'
to provide for the taking, upon payment of just compensation therefor, alfMass 598
of lands and easements or interests therein, including water and mineral 239 Mass! 349!
rights, for the purpose of securing and promoting the proper conserva-
tion, development, utilization and control thereof and to enact legisla-
tion necessary or expedient therefor.
Art. L. Advertising on public ways, in public places and on pri- Regulation by
vate property within public view may be regulated and restricted by usTnS'o'ifpub-
law. ^^ ways, etc.
239 Mass. 349. 2G4 Mass. 85.
Art. LI. The preservation and maintenance of ancient landmarks General court
and other property of historical or antiquarian interest is a public use, "o^'^lmg''''
and the commonwealth and the cities and towns therein may, upon malC^etT''"
payment of just compensation, take such property or any interest therein ^^^ '^''"^- ^■*^-
under such regulations as the general court may prescribe.
Art. LII. The general court, by concurrent vote of the two houses, General court
may take a recess or recesses amounting to not more than thirty days; "ce^ss.'''""'
but no such recess shall extend beyond the sixtieth day from the date fop^A'ai^i;
of their first assembling.
Art. LIII. Article X of Section I of Chapter II of the constitution, chap. ii. sect.
the last two paragraphs of Article IV of the articles of amendment, lasttwo^para"-
relathig to the appointment of a commissary general and the removal imendments,
of militia officers, and Article V of the articles of amendment are herebv ^'''- 'Y ""'' '
Amendments,
annulled, and the following is adopted in place thereof: Article X. An. v. an-
All military and naval officers shall be selected and appointed and "upereeTed.
may be removed in such manner as the general court may by law pre- MmfarTand^'
scribe, but no such officer shall be appointed unless he shall have passed i;oX''i''''J,mte'd
an examination prepared by a competent commission or shall have and removed,
served one year in either the federal or state militia or in military 216 Mass. 605.
service. All such officers who are entitled by law to receive commis- wg."' ^' *^' ^^'
sions shall be commissioned by the governor.
Art. LIV. Article VII of Section I of Chapter II of the constitu- chap. 11. Sect,
tion is hereby annulled and the following is adopted in place thereof: .annulled "nd
Article VII. The general court shall pro\ide l)y law for the recruit- 23rMal'.''349.
ment, equipment, organization, training and discipline of the military Military and
and naval forces. The go\'ernor shall be the commander-in-chief Kcmitnwnt,'
thereof, and shall have power to assemble the whole or any part of 193 Mass. 406.
them for training, instruction or parade, and to employ them for the f op'^rc.^llg
suppression of rebellion, the repelling of invasion, and the enforcement
68
CONSTITUTION OF MASSACHUSETTS.
Chap. II. Sect,
in, Art. VI,
annulled and
superseded.
239 Mass. 349.
Order of
succession in
case of
vacancy in
offices of
governor and
lieutenant-
governor.
Return by
governor to
general court
of bill or
resolve for
amendment,
21.5 Mass. 57.
239 Mass. 349.
Op. A. G.
(1919) 48.
Amendments,
Art, :V,
amended.
239 Mass. 349.
Women may
be appointed
notaries
public, etc.
Chap. Ill,
Art. I,
amended.
239 Mass. 349.
271 Mass. 575.
Judicial officers,
retirement,
etc.
Every charter,
etc., subject to
revocation, etc.
239 Mass. 349.
Btiilding zones
in cities and
towns.
234 Mass. 597.
239 Mass. 349.
250 Mass. 52,
63, 73.
Compulsory
voting at
elections.
239 Mass. 349.
Common-
wealth's credit
not to be
given to private
enterprises.
239 Mass. 349.
261 Mass. 523,
556.
Common-
wealth may
borrow money
for certain
purposes.
of the laws. He may, as authorized by the general court, prescribe
from time to time the organization of the military and naval forces
and make regulations for their government.
Art. LV. Article VI of Section III of Chapter II of the constitution
is hereby annulled and the following is adopted in place thereof: When-
ever the offices of governor and lieutenant-governor shall both be va-
cant, by reason of death, absence from the commonwealth, or otherwise,
then one of the following officers, in the order of succession herein
named, namely, the secretary, attorney-general, treasurer and receiver-
general, and auditor, shall, during such vacancy, have full power and
authority to do and execute all and every such acts, matters and things
as the governor or the lieutenant-governor might or could lawfully do
or execute, if they, or either of them, were personally present.
Art. LVI. The governor, within five days after any bill or resolve
shall have been laid before him, shall have the right to return it to the
branch of the general court in which it originated with a recommenda-
tion that any amendment or amendments specified by him be made
therein. Such bill or resolve shall thereupon be before the general
court and subject to amendment and re-enactment. If such bill or
resolve is re-enacted in any form it shall again be laid before the gov-
ernor for his action, but he shall have no right to return the same a
second time with a recommendation to amend.
Art. LVII. Article IV of the articles of amendment of the consti-
tution of the commonwealth is hereby amended by adding thereto the
following words: — Women shall be eligible to appointment as notaries
public. [Change of name shall render the commission void, but shall
not prevent reappointment under the new name.]
See Amendments, Art. LXIX, § 2.
Art. LVIII. Article I of Chapter III of Part the Second of the con-
stitution is hereby amended by the addition of the following words: —
and provided also that the governor, with the consent of the council,
may after due notice and hearing retire them because of advanced age
or mental or physical disability. Such retirement shall be subject to
any provisions made by law as to pensions or allowances payable to
such officers upon their voluntary retirement.
Art. LIX. Every charter, franchise or act of incorporation shall
forever remain subject to revocation and amendment.
261 Mass. 523, 556.
Art. LX. The general court shall have power to limit buildings
according to their use or construction to specified districts of cities and
towns.
255 Mass. 177. Op. A. G. (1919) 60.
Art. LXI. The general court shall have authority to provide for
compulsory voting at elections, but the right of secret voting shall be
preserved.
Art. LXII. Section 1. The credit of the commonwealth shall
not in any manner be given or loaned to or in aid of any individual, or
of any private association, or of any corporation which is privately
owned and managed.
Op. A. G. (1920) 116.
Section 2. The commonwealth may borrow money to repel inva-
sion, suppress insurrection, defend the commonwealth, or to assist the
United States in case of war, and may also borrow money in anticipa-
CONSTITUTION OF MASSACHUSETTS. 69
tion of receipts from taxes or other sources, such loan to be paid out
of the revenue of the year in which it is created.
Section 3. In addition to the loans which may be contracted as Two-thMs
before provided, the commonwealth may borrow money only by a vote, vote""! ""''
taken by the yeas and nays, of two-thirds of each house of the general r™S<ft"*
court present and voting thereon. The governor shall recommend to [o"rTny "t h°er^
the general court the term for which any loan shall be contracted. purpose.
Section 4. Borrowed money shall not be expended for any other Expenditure
purpose than that for which it was borrowed or for the reduction or money 'iiVmtcd.
discharge of the principal of the loan.
Op. A. G. (1920) 56, 81.
Art. LXIII. Section 1. Collection of Revemie. — All money re- Collection of
ceived on account of the commonwealth from any source whatsoever 237'^Mass. so,
shall be paid into the treasury thereof. ^^^'
239 Mass. 349. 261 Mass. 523, 556. 269 Mass. 503. Op. A. G. (1920) 113.
Section 2. TJw Budget. — Within three weeks after the convening The budget,
of the general court the go\'ernor shall recommend to the general court ^sy'Mass.^so,
a budget which shall contain a statement of all proposed expenditures 239 Mass. 349.
of the commonwealth for the fiscal year, including those already author-
ized by law, and of all taxes, revenues, loans and other means by which
such expenditures shall be defrayed. This shall be arranged in such General court
form as the general court may by law prescribe, or, in default thereof, form.'^t"^'
as the governor shall determine. For the purpose of preparing his
budget, the governor shall have power to require any board, commi.s- Governor
sion, officer or department to furnish him with any information which "nFormat^OT.
he may deem necessary.
Sections. The (leneral Appropriation BUI. — All appropriations The general
based upon the budget to be paid from taxes or revenues shall be incor- ^!y|"'''P"^"°°
porated in a single bill which shall be called the general appropriation 493. '^^^^^ ^'
bill. The general court may increase, decrease, add or omit items in ^^'-^ ^**^- ^*^-
the budget. The general court may provide for its salaries, mileage,
and expenses and for necessary expenditures in anticipation of appro-
priations, but before final action on the general appropriation bill it
shall not enact any other appropriation bill except on recommendation
of the governor. The go\ernor may at any time recommend to the Supplementary
general court supplementary budgets which shall be subject to the " ^''*^'
same procedure as the original budget.
Section 4. Sjwcial Appropriation Bills. — After final action on the Special appro-
general appropriation bill or on recommendation of the governor, special may be
appropriation bills may be enacted. Such bills shall provide the specific ^'""^"' ' '^ ^°'
means for defraying the appropriations therein contained.
Section 5. Submission to the Governor. — The governor may dis- Governor may
approve or reduce items or parts of items in any bill appropriating etr,'^tems°'or
money. So much of such bill as he approves shall upon his signing m an>°apprT
the .same become law. As to each item disapproved or reduced, l)eP™"°°'"^'
shall transmit to the house in which the bill originated his reason for
such disapproval or reduction, and the procedure shall then be the
same as in the case of a bill disapproved as a whole. In case he shall j^f^^^^n^w'^
fail so to transmit his reasons for such disapproval or reduction within unless, etc. '
five days after the bill shall have been presented to him, such items
shall have the force of law unless the general court by adjournment
shall prevent such transmission, in which case they shall not be law.
70
CONSTITUTION OF MASSACHUSETTS.
Biennial elec-
tion of cer-
tain state
officers
councillors,
senators and
representa-
tives; terms
of office.
237 Mass. 589.
239 Mass. 349,
603.
2.54 Mass. 617.
255 Mass. 369.
Treasurer ineli-
gible for more
than three suc-
cessive terms.
General court
to assemble
annually.
Art. LXIV. Section 1. The governor, lieutenant-governor, coun-
cillors, secretary, treasurer and receiver-general, attorney-general,
auditor, senators and representatives, shall be elected biennially. The
go\ernor, lieutenant-governor and councillors shall hold their respective
offices from the first Wednesday in January succeeding their election
to and including the first Wednesday in January in the third year
following their election and until their successors are chosen and quali-
fied. The terms of senators and representatives shall begin with the
first Wednesday in January succeeding their election and shall extend
to the first Wednesday in January in the third year following their
election and until their successors are chosen and qualified. The terms
of the secretary, treasurer and receiver-general, attorney-general and
auditor, shall begin with the third Wednesday in January succeeding
their election and shall extend to the third Wednesday in January in
the third year following their election and until their successors are
chosen and ciualified.
Section 2. No person shall be eligible to election to the office
of treasurer and receiver-general for more than three successive
terms.
Section .3. The general court shall assemble every year on the
first Wednesday in January.
239 Mass. 603.
When first
election under
this article
shall be held,
etc.
Members of
general court
not to be ap-
pointed to
certain offices,
nor receive
compensation
on recess
committees,
except, etc.
239 Mass. 349.
Op. A. G.
(1919) 74.
Organization
of not more
than twenty
departments
to perform the
executive and
administrative
work of the
common-
wealth,
except, etc.
239 Mass. 349.
271 Mass. 582.
Amendments,
Art. XLVIII,
amended.
When yea and
nay vote
shall be taken
on emergency
preamble.
Section 4. The first election to which this article shall apply shall
be held on the Tuesday next after the first Monday in November in
the year nineteen hundred and twenty, and thereafter elections for the
choice of all the officers before-mentioned shall be held biennially on
the Tuesday next after the first Monday in November.
Art. LXV. No person elected to the general court shall during
the term for which he was elected be appointed to any office created
or the emoluments whereof are increased during such term, nor receive
additional salary or compensation for service upon any recess com-
mittee or commission except a committee appointed to examine a
general revision of the statutes of the commonwealth when submitted
to the general court for adoption.
Art. LXVI. On or before January first, nineteen hundred twenty-
one, the executive and administrative work of the commonwealth shall
be organized in not more than twenty departments, in one of which
every executive and administrative office, boaril and commission, except
those officers serving directly under the governor or the council, shall
be placed. Such departments shall be under such supervision and
regulation as the general court may from time to time prescribe by
law.
Art. LXVII. Article XLVIII of the Amendments to the Constitu-
tion is hereby amended by striking out, in that part entitled "II.
Emergency Measures", under the heading "The Referendum", the
words " A separate vote shall be taken on the preamble by call of the
yeas and nays, which shall be recorded, and unless the preamble is
adopted by two-thirds of the members of each House voting thereon,
the law shall not be an emergency law; but" and substituting the
following: — A separate vote, which shall be recorded, shall be taken
on the preamble, and unless the preamble is adopted by two-thirds of
the members of each House voting thereon, the law shall not be an
CONSTITUTION OF MASSACHUSETTS. 71
emergency law. Upon the request of two members of the Senate or
of five members of the House of Representatives, the vote on the pre-
amble in such branch shall be taken by call of the yeas and nays. But
Art. LXVIII. Article III of the amendments to the constitution,
as amended, is hereby further amended by striking out, in the first line,
the word "male".
Amendments, Art. Ill, relative to qualifications of voters, amended to conform to Art. XIX of
Amendments to U. S. Const.
Art LXIX. Section 1. No person shall be deemed to be ineligible women not
to hold state, county or municipal omce by reason ot sex. from holding
Section 2. Article IV of the articles of amendment of the con- ^"^^^^^^^^'J^^
stitution of the commonwealth, as amended by Article LVII of said An^ivTs" ^'
amendments, is hereby further amended by striking out the words aJI^lvI^^
"Change of name shall render the commission void, but shall not pre- ^"„^'J^Xd.
vent reappointment under the new name", and inserting in place thereof Re-registration
the following words: — Upon the change of name of any woman, she "'J^^^Jf^wi,.
shall re-register under her new name and shall pay such fee therefor jj™g°|'"^ '^
as shall be established by the general court.
Art. LXX. Article II of the articles of amendment to the con- Amendments,
stitution of the commonwealth is hereby amended by adding at the amended.
end thereof the following new paragraph : — Nothing in this article General court
, n "ii'i. ■ XX mav establish
shall prevent the general court rrom establishing in any corporate town limited town
or towns in this commonwealth containing more than six thousand S^govemmTnt
inhabitants a form of town government providing for a town meeting i°i'„°™"„,X
limited to such inhabitants of the town as may be elected to meet, ^^^J^'^J^but
deliberate, act and vote in the exercise of the corporate powers of the lessjhaii^tweive
town subject to such restrictions and regulations as the general court inhabitants.
may prescribe; provided, that such establishment be with the consent. Proviso.
and on the application of a majority of the inhabitants of such town,
present and voting thereon, pursuant to a vote at a meeting duly
warned and holden for that purpose.
Art. LXXI. Article XXI of the articles of amendment is hereby Art;,^^^/^"^^
annulled and the following is adopted in place thereof : to the <-on^«-^^
Article XXI. In the year nineteen hundred and thirty-five and and°uperseded.
every tenth year thereafter a census of the inhabitants of each city Censu^^o' ^°-
and town shall be taken and a special enumeration shall be made of enumeration
the legal voters therein. Said special enumeration shall also specify "Jhenfakem"'
the number of legal voters residing in each precinct of each town con- special enu-
taining twelve thousand or more inhabitants according to said census "pedfy°number
and in each ward of each city. Each special enumeration shall be the ?; J^^edncls'S
basis for determining the representative districts for the ten year certain towns.
period beginning with the first Wednesday in the fourth January follow- ^tifingTeprt"'
ing said speciaf enumeration; provided, that such districts as estab- «?°tauve
lished in the year nineteen hundred and twenty-six shall continue in p^^^^^^^
effect until the first Wednesday in January in the year nineteen hundred
and thirty-nine.
The house of representati^•es shall consist of two hundred and forty H°;?|«^°f^ji^.^^
members, which shall be apportioned by the general court, at its first to^jCmisist^of^
regular session after the return of each special enumeration, to the General court
several counties of the commonwealth, equally, as nearly as may be, t°^»ppo"'°°'
according to their relative numbers of legal voters, as ascertained by
said special enumeration; and the town of Cohasset, in the county of
Norfolk, shall, for this purpose, as well as in the formation of districts
72
CONSTITUTION OF MASSACHUSETTS.
Secretary shall
certify to
officers au-
thorized to
divide counticB.
County com-
missioners or
board of
special com-
missioners
provided by
law shall
divide a
county into
representative
districts.
Changing the
time of
assembling
for such
purpose.
No town con-
taining less
than twelve
thousand
inhabitants,
no precinct of
any other
town and no
ward of a city
shall be
divided.
Authorizing
limitation of
actions calling
representative
districting
in question.
Qualifications
of repre-
sentatives.
Districts to be
numbered,
described and
certified.
Art. XXII of
Amendments to
the consti-
tution annulled
and superseded.
Basis for deter-
mining sena-
torial and
councillor
districts.
Proviso.
Senate to
consist of 40
members.
General court
shall establish
districts.
Proviso.
Authorizing
limitation of
actions calling
senatorial
districting
in question.
Qualifications
of senators.
as hereinafter provided, be considered a part of the county of Plymouth;
and it shall be the duty of the secretary of the commonwealth to certify,
as soon as may be after it is determined by the general court, the num-
ber of representatives to which each county shall be entitled, to the
board authorized to divide such county into representative districts.
The county commissioners or other body acting as such or, in lieu
thereof, such board of special commissioners in each county as may for
that purpose be provided by law, shall, within thirty days after such
certification by the secretary of the commonwealth or within such
other period as the general court may by law provide, assemble at a
shire town of their respective counties, and proceed, as soon as may be,
to divide the same into representative districts of contiguous territory
and assign representatives thereto, so that each representative in such
county will represent an equal number of legal voters, as nearly as
may be; and such districts shall be so formed that no town containing
less than twelve thousand inhabitants according to said census, no
precinct of any other town and no ward of a city shall be divided there-
for, nor shall any district be made which shall be entitled to elect more
than three representatives. The general court may by law limit the
time within which judicial proceedings may be instituted calling m
question any such apportionment, division or assignment. Every
representative, for one year at least immediately preceding his election,
shall have been an inhabitant of the district for which he is chosen
and shall cease to represent such district when he shall cease to be an
inhabitant of the commonwealth. The districts in each county shall
be numbered by the board creating the same, and a description of each,
with the numbers thereof and the number of legal voters therein, shall
be returned by the board, to the secretary of the commonwealth, the
county treasurer of such county, and to the clerk of every city or town
in such county, to be filed and kept in their respective offices. The
manner of calling and conducting the elections for the choice of rep-
resentatives, and of ascertaining their election, shall be prescribed by law.
Article XXII of the articles of amendment is hereby annulled and
the following is adopted in place thereof:
Article XXIL Each special enumeration of legal voters required
in the preceding article of amendment shall likewise be the basis for
determining the senatorial districts and also the councillor districts
for the ten year period beginning with the first Wednesday in the
fourth January following such enumeration; provided, that such dis-
tricts as established in the year nineteen hundred and twenty-six shall
continue in effect until the first Wednesday in January in the year
nineteen hundred and thirty-nine. The senate shall consist of forty
members. The general court shall, at its first regular session after
the return of each special enumeration, divide- the commonwealth into
forty districts of contiguous territory, each district to contain, as
nearly as may be, an equal number of legal voters, according to said
special enumeration; provided, however, that no town or ward of a
city shall be divided therefor; and such districts shall be formed, as
nearly as may be, without uniting two counties, or parts of two or more
counties, into one district. The general court may by law limit the
time within which judicial proceedings may be instituted calling in
question such division. Each district shall elect one senator, who
shall have been an inhabitant of this commonwealth five years at
least immediately preceding his election, and at the time of his election
CONSTITUTION OF MASSACHUSETTS. 73
shall be an inhabitant of the district for which he is chosen; and he
shall cease to represent such senatorial district when he shall cease to
be an inhabitant of the commonwealth.
The constitution of Massachusetts was agreed upon by delegates of the people, in
convention, begun and held at Cambridge, on the first day of September, 1779, and
continued by adjournments to the second day of March, 1780, when the convention
adjourned to meet on the first Wednesday of the ensuing June. In the mean time tho
constitution was submitted to the people, to be adopted by them, provided two-thirda
of the votes given should be in the affirmative. When the convention assembled, it was
found that the constitution had been adopted by the requisite number of votes, and the
convention accordingly Rcsohed, "That the said Constitution or Frame of Government
shall take place on the last Wednesday of October next; and not before, for any purpose,
save only for that of making elections, agreeable to this resolution." The first legislature
assembled at Boston, on October 25, 1780.
The first nine Articles of Amendment were submitted, by delegates in convention
assembled, November 1.5, 1820, to the people, and by them ratified and adopted April
9, 1S21. The fifth Article was annulled by the fifty-third Article, and the ninth Article
by the forty-eighth Article.
The tenth Article was adopted by the legislatures of the political years 1829-30 and
1830-31, and was approved and ratified by the people May 11, 1831.
The eleventh Article was adopted by the legislatures of the political years 1832 and
1833, and was approved and ratified by the people November 11, 1833.
The twelfth Article was adopted by the legislatures of the political years 1835 and
1836, and was approved and ratified by the people November 14, 1836.
The thirteenth Article was .adopted by the legislatures of the political years 1839 and
1840, and was approved and ratified by the people .April 6, 1840.
The general court of the year 1851 passed an act calling a third convention to revise
the constitution. The Act was submitted to the people, and a majority voted against
the proposed convention. On May 7, 1852, another act was passed calling upon the
people to vote upon the question of calling a constitutional convention. A majority of
the people having voted in favor of the proposed convention, election for delegates thereto
took place in March, 1853. The convention met in the State House, in Boston, on May
4, 1853. and organized by choosing Nathaniel P. Banks, Jr., president, and William S.
Robinson and James T. Robinson, secretaries. On the 1st of August, this convention
agreed to a form of constitution, and on the same day was dissolved, after having provided
for submitting the same to the people, and appointed a committee to meet to count the
votes, and to make a return thereof to the general court. The committee met at the time
and place agreed upon, and found that the proposed constitution had been rejected.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth Articles
were adopted by the legislatures of the political years 1854 and 1855, and approved and
ratified by the people May 23, 1855,
The twentieth, twenty-first and twenty-second Articles were adopted by the legis-
latures of the pohtical years 1856 and 1857, and approved and ratified by the people on
May 1. 1857. The twenty-first and twenty-second Articles were annulled by the seventy-
first Article.
The twenty-third Article was adopted by the legislatures of the political years 1858
and 1859, and approved and ratified by the people May 9, 1859, and was annulled by
the twenty-sixth Article.
The twenty-fourth and twenty-fifth Articles were adopted by the legislatures of the
political years 1859 and 1860, and approved and ratified by the people May 7, 1860.
The twenty-sixth Article was adopted by the legislatures of the political years 1862
and 1863, and approved and ratified by the people April 6, 1863.
74 CONSTITUTION OF HL\SSACHUSETTS.
The twenty-seventh Article was adopted by the legislatures of the political years
1876 and 1877, and was approved and ratified by the people November 6, 1877.
The twenty-eighth Article was adopted by the legislatures of the political years 1880
and 1881, and was approved and ratified by the people November 8, 1881.
The twenty-ninth Article was adopted by the legislatures of the political years 1884
and 1885, and was approved and ratified by the people November 3, 1885. '
The thirtieth and thirty-first Articles were adopted by the legislatures of the political
years 1889 and 1890, and were approved and ratified by the people November 4, 1890.
The thirty-second and thirty-third Articles were adopted by the legislatures of the
political years 1890 and 1891, and were approved and ratified by the people November 3,
1891.
The thirty-fourth Article was adopted by the legislatures of the political years 1891
and 1892, and was approved and ratified by the people November 8, 1892.
The thirty-fifth Article was adopted by the legislatures of the political years 1892 and
1893, and was approved and ratified by the people November 7, 1893.
The thirty-sixth Article was adopted by the legislatures of the political years 1893 and
1894, and was approved and ratified by the people November 6, 1894.
The thirty-seventh Article was adopted by the legislatures of the political years 1906
and 1907, and was approved and ratified by the people November 5, 1907.
The thirty-eighth Article was adopted by the legislatures of the political years 1909
and 1910, and was approved and ratified by the people November 7, 1911.
The thirty-ninth Article was adopted by the legislatures of the political years 1910
and 1911, and was approved and ratified by the people November 7, 1911.
The fortieth and forty-first Articles were adopted by the legislatures of the political
years 1911 and 1912, and were approved and ratified by the people November 5, 1912.
The forty-second Article was adopted by the legislatures of the political years 1912
and 1913, and approved and ratified by the people November 4, 1913, and was annulled
by the forty-eighth Article.
The forty-third and forty-fourth .Articles were adopted by the legislatures of the
political years 1914 and 1915, and were approved and ratified by the people November 2,
1915.
In his inaugural address to the general court of 1910, Governor McCall recommended
that the question of revising the constitution, through a constitutional convention, be
submitted to the people; and the general court passed a law (chapter 98 of the General
Acts of 1916) to ascertain and carry out the will of the people relative thereto, the ques-
tion to be submitted being "Shall there be a convention to revise, alter or amend the
constitution of the commonwealth?" The people voted on this question at the annual
election, held on November 7, casting 217,293 votes in the affirmative and 120,979 votes
in the negative; and accordingly the governor on December 19, 1916, made proclamation
to that effect, and, by virtue of authority contained in the act, called upon the people
to elect delegates at a special election to be held on the first Tuesday in May, 1917. The
election was on May 1. In accordance with the provisions of the act, the delegates met
at the State House on June 6, 1917, and organized by choosing John L. Bates, president,
and James W. Kimball, secretary. After considering and acting adversely on numerous
measures that had been brought before it, and after providing for submitting to the
people the forty-fifth, forty-sixth and forty-seventh Articles, at the state election of 1917,
and the Article relative to the establishment of the popular initiative and referendum and
the legislative initiative of specific amendments of the constitution (Article forty-eight) at
the state election of 1918, the convention adjourned on Wednesday, November 28, 1917,
"until called by the president or secretary to meet not later than within ten days after
the prorogation of the general court of 1918."
CONSTITUTION OF MASSACHUSETTS. 75
The forty-fifth, forty-sixth and forty-seventh Articles were submitted, by delegates
in convention assembled, September 28, 1917, August 30, 1917, and October 11, 1917,
respectively, to the people, and by them ratified and adopted November 6, 1917.
On Wednesday, June 12, 1918, the convention reassembled and resumed its work.
Eighteen more articles (Articles forty-nine to sixty-six inclusive) were approved by the
convention and were ordered to be submitted to the people. On Wednesday, August
21, 1918, the convention adjourned, "to meet, subject to call by the president or secre-
tary, not later than within twenty days after the prorogation of the general court of
1919, for the purpose of taking action on the report of the special committee on rear-
rangement of the constitution."
The forty-eighth Article was submitted, by delegates in convention assembled, Novem-
ber 28, 1917, the forty-ninth Article, August 7, 1918, the fiftieth to the sixtieth Articles,
inclusive, August 15, 1918, the sixty-first to the sixty-fourth Articles, inclusive, August
20, 1918, and the sixty-fifth and sixty-sixth Articles, August 21, 1918, to the people, and
by them ratified and adopted Noveml)er 5, 1918.
On Tuesday August 12, 1919, pursuant to a call of its president, the convention again
convened. A rearrangement of the constitution was adopted, and was ordered to be
submitted to the people for their ratification. On the following day, a sub-committee of
the special committee on rearrangement of the constitution was "empowered to correct
clerical and typographical errors and establish the text of the rearrangement of the con-
stitution to be submitted to the people, in conformity with that adopted by the conven-
tion."
On Wednesday, August 13, 1919, the convention adjourned, sine die.
On Tuesday, November 4, 1919, the rearrangement was approved and ratified by the
people.
(.\s to the effect of this action, see Opinion of the Justices, 233 Mass. 603, and Loring
V. Young, 239 Mass. 349.)
The sixty-seventh Article was adopted by the legislatures of the political years 1920
and 1921, and was approved and ratified by the people on the seventh day of November,
1922.
The sixty-eighth and sixty-ninth Articles were adopted by the legislatures of the
political years 1921 and 1923, and were approved and ratified by the people on the fourth
day of November, 1924.
The seventieth Article was adopted by the legislatures of the political years 1924 and
1925, and was approved and ratified by the people on the second day of November, 1926.
The seventy-first .Article was adopted by the legislatures of the political years 1928
and 1930, and was approved and ratified by the people on the fourth day of November,
1930.
NOTE
Tables showing how the statutes of general application effective at the time
of the taking effect of the General Laws on January 1, 1921, were disposed of in
said General Laws may be found in the first volume of the General Laws (edition
of 1920) on pages immediately following the original constitution of Massachu-
setts, and a table of changes showing the amendments of and additions to the
said General Laws during the years 1921 to 1931, inclusive, appears in the vol-
ume containing the laws and resolves of the year 1931.
[77]
ANALYSIS
OF THE
TITLES AND CHAPTERS
CONTAINED IN
THE GENERAL LAWS.
Vol. I.
PART I.
ADMmiSTRATION OF THE GOVERNMENT.
TITLE I.
JURISDICTION AND EMBLEMS OF THE COMMONWEALTH, THE GENERAL
COURT, STATUTES AND PUBLIC DOCUMENTS.
Chapter 1. Jurisdiction of the Commonwealth and of the United States.
Chapter 2. Arms, Great Seal and Other Emblems of the Commonwealth.
Chapter 3. The General Court.
Chapter 4. Statutes.
Chapter 5. Printing and Distribution of Laws and Pubhc Documents.
TITLE II.
EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH.
Chapter 6. The Governor, Lieutenant Governor and Council, Certain OfiBcers under the
Governor and Council, and State Library.
Chapter 7. Commission on Administration and Finance.
Chapter 8. Superintendent of Buildings, and State House.
Chapter 9. Department of the State Secretary.
Chapter 10. Department of the State Treasurer.
Chapter 11. Department of the State Auditor.
Chapter 12. Department of the Attorney General, and the District .Attorneys.
179]
80
ANALYSIS ■
PART I.
Chapter 13. Department of Civil Service and Registration.
Chapter 14. Department of Corporations and Taxation.
Chapter 15. Department of Education.
Chapter 16. Department of Public Works.
Chapter 17. Department of Public Health.
Chapter 18. Department of Public Welfare.
Chapter 19. Department of Mental Diseases.
Chapter 20. Department of Agriculture.
Chapter 21. Department of Conservation.
Chapter 22. Department of Public Safety.
Chapter 23. Department of Labor and Industries.
Chapter 24. Department of Industrial Accidents.
Chapter 25. Department of Public Utilities.
Chapter 26. Department of Banking and Insurance.
Chapter 27. Department of Correction.
Chapter 28. Metropolitan District Commission.
TITLE III.
LAWS RELATING TO STATE OFFICERS.
Chapter 29. State Finance.
Chapter 30. General Provisions relative to State Departments, Commissions, Officers and
Employees.
TITLE IV.
CIVIL SERVICE, RETIREMENTS AND PENSIONS.
Chapter 31. Civil Service.
Chapter 32. Retirement Systems and Pensions.
TITLE V.
MILITIA.
Chapter 33. Militia.
TITLE VI.
COUNTIES AND COUNTY OFFICERS.
Chapter 34. Counties and County Commissioners.
Chapter 35. County Treasurers, State Supervision of County Accounts and County Finances.
Chapter 36. Registers of Deeds.
Chapter 37. Sheriffs.
Chapter 38. Medical Examiners.
ANALYSIS — PART I.
81
TITLE VII.
CITIES, TOWNS AND DISTRICTS.
Chapter 39. Municipal Government.
Chapter 40. Powers and Duties of Cities and Towns.
Chapter 41. Officers and Employees of Cities, Towns and Districts.
Chapter 42. Boundaries of Cities and Towns.
Chapter 43. City Charters.
Chapter 43A. Standard Form of Representative Town Meeting Government.
Chapter 44. Municipal Finance.
Chapter 45. Public Parks, Playgrounds and the Public Domain.
Chapter 46. Return and Registry of Births, Marriages and Deaths.
Chapter 47. Infirmaries.
Chapter 48. Fires, Fire Departments and Fire Districts.
Chapter 49. Fences, Fence Viewers, Pounds and Field Drivers.
TITLE VIII.
ELECTIONS.
Chapter 50. General Provisions relative to Primaries, Caucuses and Elections.
Chapter 51. Voters.
Chapter 52. Political Committees.
Chapter 53. Nominations, Questions to be submitted to the Voters, Primaries and Caucuses.
Chapter 54. Elections.
Chapter 55. Corrupt Practices and Election Inquests.
Chapter 56. Violations of Election Laws.
Chapter 57. Congressional, Councillor and Senatorial Districts, and Apportionment of Rep-
resentatives.
TITLE IX,
TAXATION.
Chapter 58. General Provisions relative to Taxation.
Chapter 58.\. Board of Tax Appeals.
Chapter 59. Assessment of Local Taxes.
Chapter 60. Collection of Local Taxes.
Chapter 60A. Excise Tax on Registered Motor Vehicles in Lieu of Local Tax.
Chapter 61. Taxation of Forest Products and Classification and Taxation of Forest Lands.
Chapter 62. Taxation of Incomes.
Chapter 63. Taxation of Corporations.
Chapter 64. Taxation of Stock Transfers.
Chapter 64A. Taxation of Sales of Gasoline and Certain Other Motor Vehicle Fuel.
Chapter 65. Taxation of Legacies and Successions.
Chapter 65A. Taxation of Transfers of Certain Estates.
82
ANALYSIS — PART I.
TITLE X.
PUBLIC RECORDS.
Chapter 66. Public Records.
TITLE XI.
CERTAIN RELIGIOUS AND CHARITABLE MATTERS.
Chapter 67. Parishes and Religious Societies.
Chapter 68. Donations and Conveyances for Pious and Charitable Uses.
TITLE XII.
EDUCATION.
Chapter 69. Powers and Duties of the Department of Education.
Chapter 70. School Funds and Other State Aid for PubUc Schools.
Chapter 71. Public Schools.
Chapter 72. School Registers and Returns.
Chapter 73. State Normal Schools.
Chapter 74. Vocational Education.
Chapter 75. Massachusetts State College.
Chapter 76. School Attendance.
Chapter 77. School Offenders and County Training Schools.
Chapter 78. Libraries.
TITLE XIII.
EMINENT DOMAIN AND BETTERMENTS.
Chapter 79. Eminent Domain.
Chapter 80. Betterments.
Chapter 80A. Eminent Domain Takings and Betterment Assessments by Judicial Proceedings.
TITLE XIV.
PUBLIC WAYS AND WORKS.
Chapter 81. State Highways.
Chapter 82. The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and
Specific Repairs thereon.
Chapter 83. Sewers, Drains and Sidewallis.
Chapter 84. Repair of Ways and Bridges.
Chapter 85. Regulations and By-laws relative to Ways and Bridges.
Chapter 86. Boundaries of Highways and Other Public Places, and Encroachments thereon.
Chapter 87. Shade Trees.
Chapter 88. Ferries, Canals and Public Landings.
ANALYSIS ■
PART I.
83
Chapter 89. Law of the Road.
Chapter 90. Motor Vehicles and Aircraft.
Chapter 91. Waterways.
Chapter 92. Metropolitan Sewers, Water and Parks.
Chapter
93.
Chapter
94.
Chapter
95.
Chapter
96.
Chapter
97.
Chapter
98.
Chapter
99.
Chapter
100.
Chapter
101.
Chapter
102.
Chapter
103.
Chapter
104.
Chapter
105.
Chapter 106.
Chapter
107.
Chapter
108.
Chapter
108A,
Chapter
109.
Chapter
109A,
Chapter
110.
Chapter
IIOA.
TITLE XV.
REGULATION OF TRADE.
Regulation of Trade and Certain Enterprises.
Inspection and Sale of Food, Drugs and Various Articles.
Measuring of Leather.
Measurement of Lumber.
Surveying of Land.
Weights and Measures.
The Metric System of Weights and Measures.
Auctioneers.
Transient Vendors, Hawkers and Pedlers.
Shipping and Seamen, Harbors and Harbor Masters.
Pilots.
Agents, Consignees and Factors.
Public Warehouses.
Sales of Personal Property.
Money and Negotiable Instruments.
Bills of Lading.
Partnerships.
Limited Partnerships.
Fraudulent Transfers of Real and Personal Property.
Labels, Trade Marks, Names and Registration thereof.
Promotion and Sale of Securities.
TITLE XVI.
PUBLIC HEALTH.
Chapter 111. Public Health.
Chapter 112. Registration of Certain Professions and Occupations.
Chapter 113. Promotion of Anatomical Science.
Chapter 114. Cemeteries and Burials.
TITLE XVII.
PUBLIC WELFARE.
Chapter 115. State and Military Aid, Soldiers' Relief, etc.
Chapter 116. Settlement.
Chapter 117. Support by Cities and Towns.
Chapter 118. Aid to Mothers with Dependent Children.
Chapter 118A. Adequate Assistance to Certain Aged Citizens.
84
ANALYSIS
PART I.
Chapter 119. Protection and Care of Children, and Proceedings against Them.
Chapter 120. Massachusetts Training Schools.
Chapter 121. Powers and Duties of the Department of Public Welfare, and the Massachusetts
Hospital School.
Chapter 122. State Infirmary.
Chapter 123. Commitment and Care of the Insane and Other Mental Defectives.
TITLE XVIII.
PRISONS, IMPRISONMENT, PAROLES AND PARDONS.
Chapter 124. Powers and Duties of the Department of Correction.
Chapter 125. Penal and Reformatory Institutions of the Commonwealth.
Chapter 126. JaUs, Houses of Correction and Reformation, and County Industrial Farms.
Chapter 127. Officers and Inmates of Penal and Reformatory Institutions. Paroles and
Pardons.
TITLE XIX,
AGRICULTURE AND CONSERVATION.
Chapter 128. Agriculture.
Chapter 129. Animal Industry.
Chapter 130. Powers and Duties of the Division of Fisheries and Game.
Chapter 131. Powers and Duties of the Division of Fisheries and Game
Fisheries.
Chapter 132. Forestry.
Chapter 132A. State Parks and Reservations Outside of the Metropolitan Parks District
Fisheries.
Game and Inland
ANALYSIS — PART I.
85
Vol. II
TITLE XX.
PUBLIC SAFETY AND GOOD ORDER.
Chapter 133. Disposition of Old and Infirm Animals.
Chapter 134. Lost Goods and Stray Beasts.
Chapter 135. Unclaimed and Abandoned Property.
Chapter 136. Observance of the Lord's Day.
Chapter 137. Gaming.
Chapter 138. Intoxicating Liquors and Certain Non-Intoxicating Beverages.
Chapter 139. Common Nuisances.
Chapter 140. Licenses.
Chapter 141. Supervision of Electricians.
Chapter 142. Supervision of Plumbing.
Chapter 143. Inspection and Regulation of, and Licenses for, Buildings, Elevators and Cine-
matographs.
Chapter 144. Tenement Houses in Cities.
Chapter 145. Tenement Houses in Towns.
Chapter 146. Inspection of Boilers, Air Tanks, etc. Licenses of Engineers, Firemen, and
Operators of Hoisting Machinery.
Chapter 147. State and Other Police, and Certain Powers and Duties of the Department of
Public Safety.
Chapter 148. Fire Prevention.
TITLE XXI.
LABOR AND INDUSTRIES.
Chapter 149. Labor and Industries.
Chapter 150. Conciliation and Arbitration of Industrial Disputes.
Chapter 151. The Minimum Wage.
Chapter 152. Workmen's Compensation.
Chapter 153. Liability of Employers to Employees for Injuries not resulting in Death.
Chapter 154. Assignment of Wages.
TITLE XXII.
CORPORATIONS.
Chapter 155. General Provisions relative to Corporations.
Chapter 156. Business Corporations.
Chapter 157. Co-operative Corporations.
86
ANALYSIS
PART II.
Chapter
158.
Chapter
159.
Chapter
159A,
Chapter
160.
Chapter
161.
Chapter
162.
Chapter
163.
Chapter
164.
Chapter
165.
Chapter 166.
Chapter
167.
Chapter
168.
Chapter
169.
Chapter
170.
Chapter
171.
Chapter
172.
Chapter 173.
Chapter
174.
Chapter
175.
Chapter
176.
Chapter
177.
Chapter 178.
Chapter
179.
Chapter
180.
Chapter
181.
Chapter
182.
Certain Miscellaneous Corporations.
Common Carriers.
Common Carriers of Passengers by Motor Vehicle.
Railroads.
Street Railways.
Electric Railroads.
Trackless Trolley Companies.
Manufacture and Sale of Gas and Electricity.
Water and Aqueduct Companies.
Telephone and Telegraph Companies, and Lines for the Transmission of
Electricity.
Banks and Banking.
Savings Banks.
Deposits with Others than Banks.
Co-operative Banks.
Credit Unions.
Trust Companies.
Mortgage Loan Investment Companies.
Bond and Investment Companies.
Insurance.
Fraternal Benefit Societies.
Assessment Insurance. [Repealed.]
Savings Bank Life Insurance.
Proprietors of Wharves, Real Estate lying in Common, and General Fields.
Corporations for Charitable and Certain Other Purposes.
Foreign Corporations.
Voluntary Associations and Certain Trusts.
PART II.
REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS.
TITLE I.
TITLE TO REAL PROPERTY.
Chapter 183. Alienation of Land.
Chapter 184. General Provisions relative to Real Property.
Chapter 185. The Land Court and Registration of Title to Land.
Chapter 186. Estates for Years and at Will.
Chapter 187. Easements.
Chapter 188. Homesteads.
Chapter 189. Dower and Curtesy.
ANALYSIS — PART II.
87
TITLE II.
DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS
AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS.
Chapter 190. Descent and Distribution of Real and Personal Property.
Chapter 19L Wills.
Chapter 192. Probate of Wills and Appointment of Executors.
Chapter 193. Appointment of Administrators.
Chapter 194. Public Administrators.
Chapter 195. General Provisions relative to Executors and Administrators.
Chapter 196. Allowances to Widows and Children, and Advancements.
Chapter 197. Payment of Debts, Legacies and Distributive Shares.
Chapter 198. Insolvent Estates of Deceased Persons.
Chapter 199. Settlement of Estates of Deceased Non-Residents.
Chapter 200. Settlement of Estates of Absentees.
Chapter 201. Guardians and Conservators.
Chapter 202. Sales, Mortgages and Leases of Real Estate by Executors, Administrators,
Guardians and Conservators.
Chapter 203. Trusts.
Chapter 204. General Provisions relative to Sales, Mortgages, Releases, Compromises, etc., by
Executors, etc.
Chapter 205. Bonds of Executors, Administrators, Guardians, Conservators, Trustees and
Receivers.
Chapter 206. Accounts and Settlements of Executors, Administrators, Guardians, Conserva-
tors, Trustees and Receivers.
TITLE III.
DOMESTIC RELATIONS.
Chapter 207. Marriage.
Chapter 208. Divorce.
Chapter 209. Husband and Wife.
Chapter 210. Adoption of Children and Change of Names.
88
ANALYSIS — PART III.
PART III.
COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES.
TITLE I.
COURTS AND JUDICIAL OFFICERS.
(For the Land Court see Chapter 185.)
Chapter 211. The Supreme Judicial Court.
Chapter 212. The Superior Court.
Chapter 213. Provisions Common to the Supreme Judicial and Superior Courts.
Chapter 214. Equity Jurisdiction and Procedure in the Supreme Judicial and Superior Courts.
Chapter 215. Probate Courts.
Chapter 216. Courts of Insolvency.
Chapter 217. Judges and Registers of Probate and Insolvency.
Chapter 218. District Courts.
Ch.^pter 219. Trial Justices.
Chapter 220. Courts and Naturalization.
Chapter 221. Clerks, Attorneys and Other Officers of Judicial Courts.
Chapter 222. Justices of the Peace, Notaries Public and Commissioners.
TITLE II.
ACTIONS AND PROCEEDINGS THEREIN.
Chapter 223. Commencement of Actions, Service of Process.
Chapter 224. Arrest on Mesne Process and Supplementary Proceedings in Civil Actions.
Chapter 225. Process after Judgment for Necessaries or Labor. [Repealed.]
Chapter 226. Bail.
Chapter 227. Proceedings against Absent Defendants and upon Insufficient Service.
Chapter 228. Survival of Actions and Death and Disabilities of Parties.
Chapter 229. Actions for Death and Injuries resulting in Death.
Chapter 230. Actions by and against Executors and Administrators.
Chapter 231. Pleading and Practice.
Chapter 232. Set-off and Tender.
Chapter 233. Witnesses and Evidence.
Chapter 234. Juries.
Chapter 235. Judgment and Execution.
Chapter 236. Levy of Executions on Land.
ANALYSIS
PART III.
89
TITLE III.
REMEDIES RELATING TO REAL PROPERTY.
Chapter 237. Writs of Entry.
Chapter 238. Writs of Dower.
Chapter 239. Summary Process for Possession of Land.
Chapter 240. Proceedings for Settlement of Title to Land.
Chapter 241. Partition of Land.
Chapter 242. Waste and Trespass.
Chapter 243. Actions for Private Nuisances.
Chapter 244. Foreclosure and Redemption of Mortgages.
Chapter 245. Informations by the Commonwealth.
TITLE IV.
CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES.
Chapter 246. Trustee Process.
Chapter 247. Replevin.
Chapter 248. Habeas Corpus and Personal Liberty.
Chapter 249. Audita Querela, Certiorari, Mandamus and Quo Warranto.
Chapter 250. Writs of Error, Vacating Judgment, Writs of Review.
Ch.\pter 251. Arbitration.
Chapter 252. Improvement of Low Land and Swamps.
Chapter 253. Mills, Dams and Reservoirs.
Chapter 254. Liens on Buildings and Land.
Chapter 255. Mortgages, Conditional Sales and Pledges of Personal Property, and Liens
thereon.
Chapter 256. Recognizances for Debts.
Chapter 257. Seizure and Libelling of Forfeited Property.
Chapter 258. Claims against the Commonwealth.
TITLE V.
STATUTES OF FRAUDS AND LIMITATIONS.
Chapter 259. Prevention of Frauds and Perjuries.
Chapter 260. Limitation of Actions.
TITLE VI
COSTS AND FEES.
Chapter 261. Costs in Civil Actions.
Chapter 262. Fees of Certain Officers.
90
ANALYSIS ■
■PARTS IV ANT) V.
PART lY.
CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
TITLE I.
CRIMES AND PUNISHMENTS.
Chapter 263. Rights of Persons accused of Crime.
Chapteh 264. Crimes against Governments.
Chapter 265. Crimes against the Person.
Chapter 266. Crimes against Property.
Chapter 267. Forgery and Crimes against the Currency.
Chapter 268. Crimes against Public Justice.
Chapter 269. Crimes against Public Peace.
Chapter 270. Crimes against Public Health.
Chapter 271. Crimes against Public Policy.
Chapter 272. Crimes againat Chastity, Morality, Decency and Good Order.
Chapter 273. Desertion, Non-Support and Illegitimacy.
Chapter 274. Felonies, Accessories and Attempts to commit Crimes.
TITLE II.
PROCEEDINGS IN CRIMINAL CASES.
Chapter 275. Proceedings to prevent Crimes.
Chapter 276. Search Warrants, Rewards, Fugitives from Justice, Arrest, Examination, Com-
mitment and Bail. Probation Officers and Board of Probation.
Chapter 277. Indictments and Proceedings before Trial.
Chapter 278. Trials and Proceedings before Judgment.
Chapter 279. Judgment and Execution.
Chapter 280. Fines and Forfeitures.
PART V.
THE GENERAL LAWS, AND EXPRESS REPEAL OF CERTAIN ACTS AND
RESOLVES.
Chapter 281. The General Laws and their Effect.
Chapter 282. Express Repeal of Certain Acts and Resolves. [Omitted.]
GENEEAL LAWS
MASSACHUSETTS
[Tercentenary Edition]
€l)£ €ommontDcaUl) of iltassacljusctts
IN THE YEAR ONE THOUSAND NINE HUNDRED AND TWENTY
AN ACT
CONSOLIDATING AND ARRANGING
GENERAL STATUTES
COMMONWEALTH
Whereas, The deferred operation of this act would be inconsistent with
its intent and purpose to consolidate and revise the general laws as of the
thirty-first day of December, accordini^iy it should take effect before any
general legislation enacted in the year nineteen hun(lre<I and twenty-one, and
it is therefore declared to be an emergency law, necessary for the innnediate
preservation of the public con\^enience.
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same:
PART I.
ADMINISTRATION OF THE GO^^^RX:\IENT.
TITLE I.
JURISDICTION AND EMBLEMS OF THE COMMONWEALTH,
THE GENERAL COURT, STATUTES AND PUBLIC DOCU-
MENTS.
Chapter 1. Jurisdiction of the Commonwealth and of the United States.
CH.A.PTER 2. Arms, Great Seal and Other Emblems of the Commonwealth.
Chapter 3. The General Court.
Chapter 4. Statutes.
Chapter 5. Printing and Distribution of Laws and Public Documents.
CHAPTER 1.
JURISDICTION OF THE COMMONWE.\LTH AND OF THE UNITED
STATES.
Sect.
1. Citizenship defined.
2. Jurisdiction of the commonwealth.
3. Marine boundaries of the common-
wealth.
4. Inspection and repair of state bound-
aries.
5. Boundary marks not to be removed,
etc., without permission. Penalty.
6. Conveyance to the United States of
land owned by the commonwealth.
Sect.
7. Concurrent jurisdiction in land ac-
quired by the United States.
8. Officers of United States geological
survey or coast survey, or of the
department, may enter on land. etc.
9. Right to damages, and determination
and recovery thereof.
10. Signals, etc., of United States not to be
injured, etc. Penalty.
1 Section 1. All persons who are citizens of the United States and defined^'''''
2 who are domiciled in this commonwealth are citizens thereof. ^ ^ b ^ ^
186 Mass. 231. 256 Mass. 568. Op. A. G. (1920) 223. 260.
1 Section 2. The sovereignty and jurisdiction of the commonwealth Jurisdiction of
2 shall extend to all places within its boundaries subject to the concurrent wjaith"
3 jurisdiction granted over places ceded to or acquired by the United States, g. s. i, § 2.
p. s. 1,
R. L. 1, § 2.
201 Mass. 387.
1 Section 3. The territorial limits of the commonwealth shall extend boundaries of
2 one marine league from its seashore at extreme low water mark. If an J^''/Jt'h"'"°'"
3 inlet or arm of the sea does not exceed two marine leagues in width i839, 2S9.
4 between its headlands, a straight line from one headland to the other p. s. 1.' § 1."
5 shall be equivalent to the shore line. '
3 Gray, 268. 147 Mass. 61. 152 Mass. 230. 139 U. S. 240.
[93]
94
JURISDICTION OF COMMONWEALTH AND UNITED STATES. [ChAP. 1.
Inspection
and repair
of state
boundaries.
1898. 299.
1901. 469, §
R. L. 1. §4.
1916. 288.
1919. 350.
H 111. 113.
1931. 394, §
Section 4. The department of public works, in this chapter called 1
the department, shall in the year nineteen hundred and thirty-five and 2
in every fifth year thereafter inspect all monuments or other marks de- 3
fining the location of the boundary lines of the commonweaJth, and if 4
any of them have been injured, displaced, removed or lost the department 5
shall, in co-operation with persons duly authorized by the adjoining 6
state, restore them or replace them with suitable stone monuments, and 7
in the same manner set suitable stone monuments at points not properly 8
marked where the state boundary is intersected by the boundary of 9
any counties, cities or towns in the commonwealth or by a highway or 10
railroad. If officers of adjoining states are required to make such in- 11
spection at other times, the department may co-operate with them. 12
Boundary
marks not to
be removed,
etc.. without
permission.
Penalty.
1906. 146,
§5 1, 2.
1916, 288.
1919, 350.
§§ HI. 113.
1931, 394, 5 2.
Section 5. No person shall wilfully or m.aliciously disturb or injure, 1
or, except as herein provided, remove, obliterate, deface or cover up any 2
monument or mark designating the boundary line of the commonwealth. 3
Any person desirous of removing and replacing any such monument or 4
mark may apply in writing to the department, who may grant permis- 5
sion therefor under its supel-vision, first making provision for preserving 6
the exact location of the original boundary or mark, and also giving 7
notice to the adjoining state of the time and place at which proposed S
action is to be taken. The monument shall be reset in the identical 9
location from which it was removed, or at a convenient distance there- 10
from upon the boundary line. A full description of any change in such 11
monument or mark shall be recorded in the offices of the clerks of the 12
contiguous towns, and a copy thereof shall be forwarded to the state 13
secretary. Violation of this section shall be punished by a fine of not 14
more than fifty dollars or by imprisonment for not more than six months. 15
Conveyance
to the United
.States of land
owned by the
commonwealth.
1880, 184.
P. S. 1. § 7.
R. L. 1. § S.
1916, 288.
1919, 350,
§§ 111. 113.
1931, 394. § 3.
2 Op. A. G.
279.
Section 6. The department, with the approval of the governor and
council, may, upon the application of an agent of the United States, in
the name and behalf of the commonwealth, convey to the United States
the title of the commonwealth to any tract of land covered by navigable
waters and necessary for the purpose of erecting a lighthouse, beacon
light, range light or other aid to navigation, or light keeper's dwelling;
but such title shall revert to the commonwealth if such land ceases to be
used for such purpose.
Concurrent _
jurisdiction in
land acquired
by the United
States.
1871, 233.
1872, 309.
1873, 43.
1874, 383, § 1.
1875, 35.
P. S. 1. §4.
1882, 131.
R. L. 1. §6.
201 Mass. 387.
Section 7. The United States shall have jurisdiction over any tract 1
of land within the commonwealth acquired by it in fee for the follow- 2
ing purposes: for the use of the United States bureau of fisheries, or for 3
the erection of a marine hospital, custom office, post office, life-saving 4
station, lighthouse, beacon light, range light, light keeper's dwelling or 5
signal for navigators; provided, that a suitable plan of such tract has 6
been or shall be filed in the office of the state secretary within one year 7
after such acquisition of title thereto. But the commomvealth shall S
retain concurrent jurisdiction with the United States in and over any 9
such tract of land to the extent that all civil and criminal processes issu- 10
ing under authority of the commonwealth may be executed thereon as if 11
there had been no cession of jurisdiction, and exclusive jurisdiction over 12
any such tract shall revest in the commonwealth if such tract ceases to be 13
used by the United States for such public purpose. 14
Ch-^ps. 1,2.]
95
1 Section 8. In connection with their official duties persons employed g^ted siaiee
2 by the United States geological survey or coast survey, or by the de- ll°Jlfl^^'^'-
3 partment, may enter upon land and erect works, stations, buildings and survey, or of
"r r J .,,,. pii i-L the department,
4 appurtenances; provided, that, m case oi such entry or erection by may enter on
5 persons employed by the United States, it shall make adequate pro- mV, tgi, § i.
6 vision by law for compensation for any taking of property thereby. p;|; i; ||;
R L.'l. d 9. I!I1S. 257. § 1S8. 1931, 394, § 4.
1903, 150, § 1. I'.ll'.l, 5; 350, §§ 111, 113. U. S. Rev. Sts. § 46S1.
1916; 2SS: 192U, 2. U. S. C. Title 33, § SSI.
1 Section 9. In case of entry by persons employed by the common- Right to
,...., ,1 , * 1 1 IT e J. J. damages, and
2 wealth, it shall pay all damages thereby caused. In case ot entry, not determination
3 constituting a taking, by persons employed by the United States, such thmoi"""^
4 persons shall pay all such damages. If the parties interested cannot \fti^-'
5 agree upon the amount to be paid for damages under the preceding p |i^'5||,!li:
G section, such damages shall be determined and recovered under chapter R- l^I^
7 seventy-nine.
1903, 150, §2. 1918, 257, §§ 1S9, 190. 1919,5. 1920,2.
1 Section 10. Whoever wilfully injures, defaces or removes a signal, fl^unfedstktes
2 monument, building or appurtenance erected, used or constructed under f^fufed^^^tc.
3 the authority of the United States shall be punished by a fine of fifty ^l^f% §7
4 dollars, and be liable in tort to the United States for all damages so g g'i-|'?- '
. 1 . b. 1. 8 lo.
5 sustained. R- l. 1, § 13.
CHAPTER 2.
ARMS, GREAT SEAL AND OTHER EMBLEMS OF THE COMMONWEALTH.
Sect.
1. Arms of the commonwealth.
2. Official representation.
3. Great seal of the commonwealth.
4. Existing seal to be official.
5. Design for the flag of the common-
wealth.
Sect.
6. Display of the flags of the United States
and of the commonwealth.
7. Flower of the commonwealth. Injury
or destruction, when penalized.
1 Section 1. The arms of the commonwealth shall consist of a shield ^™,n°^^^^a],h
2 having a blue field or surface with an Indian thereon, dressed in a ^***£; |f ®g- ,^^-
3 shirt and moccasins, holding in his right hand a bow, and in his left Qg'ij^jjjy'j'^^g
4 hand an arrow, point downward, all of gold; and, in the upper corner
5 of the field, above his right arm, a silver star with five points. The
6 crest shall be a wreath of blue and gold, whereon, in gold, shall be a
7 right arm, bent at the elbow, clothed and ruffled, with the hand grasp-
8 ing a broadsword. The motto shall be "Ense petit placidam sub
9 libertate quietem."
R. L. 2, § 2.
1 Section 2. The coat-of-arms as drawn and emblazoned under official repre-
• 1 • 1 I 1 1 J sentation.
2 the direction of the state secretary in the year eighteen hundred and isqs, 519.^
3 ninety-eight and deposited in his office shall be the official represen-
4 tation of the arms of the commonwealth of Massachusetts, and all
5 designs of said coat-of-arms for official use shall conform strictly to
6 said representation.
96
ARMS, GREAT SEAL, ETC. GENERAL COURT. [ChAPS. 2, 3.
Great seal
of the com-
monwealth.
1885, 288, § 1.
R. L. 2, §3.
189 Mass. 76.
Section 3. The great seal of the commonwealth shall be circular 1
in form, bearing upon its face a representation of the arms of the 2
comniomvealth encircled with the inscription, "Sigillum Reipublicie 3
Massachusettensis." The colors of the arms shall not be an essential 4
part of said seal, and an impression from a seal engraved according 5
to said design, on any commission, paper or document shall be valid 6
without such colors or the representation thereof by heraldic lines or 7
marks. 8
Existing seal
to be official.
1885, 288, § 3.
R. L. 2, 5 4-
Section 4. The seal of the commonwealth now in use in the office 1
of the state secretary shall be the authorized seal so long as its use may 2
be continued. 3
Design for
the Hag of
the com-
monwealth.
1908, 229.
1915,37.
Section 5. The flag of the commonwealth shall bear on one side 1
a representation of the arms of the commonwealth, as prescribed by 2
sections one and two, upon a white field, and on the other side a 3
blue shield bearing a representation of a green pine tree, upon a white 4
field. 5
Display ^of^the Section 6. The flag of the United States and the flag of the com-
united States monwcalth shall bc displayed on the main or administration building
commonwealth, of cach public institution of the commonwealth. The flags shall be of
1909, 6 . suitable dimensions and shall be flown every day when the weather
permits.
Section 7. The mayflower (epigtea repens) shall be the flower or
floral emblem of the commonwealth. Any person who pulls up or
digs up the plant of the mayflower or any part thereof, or injures such
plant or any part thereof except in so far as is reasonably necessary in
procuring the flower therefrom, within the limits of any state highway
or any other public way or place, or upon the land of another person
without written authority from him, shall be punished by a fine of not
more than fifty dollars; but if a person does any of the aforesaid acts
while in disguise or secretly in the night time he shall be punished by a
fine of not more than one hundred dollars.
Flower of the
commonwealth.
Injury or
destruction,
when penal-
ized.
1918, 181.
1925, 112.
1
2
3
4
5
6
7
8
9
10
CHAPTER 3.
THE GENERAL COITRT.
Sect.
1. Secretary to make and deliver lists of
persons returned.
2. Persons named on lists may take seats
as members.
3. Manner of calling house to order, and
who shall preside.
4. Persons having certificates, etc., but not
on lists, to present credentials to
presiding officer.
5. Notice of certain petitions to be pub-
lished. Deposit and transmission of
petition. Fee to accompany certain
petitions.
Sect.
6. Notice, deposit, fihng, etc., of petitions
for incorporation of educational in-
stitutions.
7. Petitions for legislation affecting cor-
porations not subject to §§ 5 and 6
to be deposited, etc.
8. Petition of city or town for authority to
borrow money outside the debt limit.
9. Compensation of members of the gen-
eral court.
10. Compensation of members chosen to
fill vacancies or who resign.
11. Payment of members.
Chap. 3.]
THE GEXEKAL COURT.
97
17.
18.
19.
20
21
Sect.
12. Salary of clerks. Tenure of office.
13. Appointment, salaries and tenure of
office of assistant clerks. Clerical
assistance.
14. Compensation of chaplains.
15. Sergeant-at-arms, salarj', removal, etc.
16. Assistant sergeant-at-arms, appoint-
ment, etc.
Duties of sergeant-at-arms. Certain
legislative employees to have powers
of police officers, etc.
Certain employees of sergeant-at-arms.
Salaries.
Number of doorkeepers, etc., author-
ized.
Compensation for travel to door-
keepers, assistant doorkeepers, gen-
eral court officers, pages, etc.
Appointment, etc., of employees of
sergeant-at-arms.
22. Custody of journals, etc., of senate and
house.
23. Engrossment of bills and resolves.
24. Engrossment of proposed amendments
to the constitution.
[Repealed.]
Books, etc., not to be ordered for mem-
bers.
Members of committees may admin-
ister oaths.
Testimony before general court or com-
mittees thereof.
29. Stenographic reports.
30. Expenses incurred under orders of the
general court.
31. Expenses of committees of the general
court.
32. Expenses of committees acting during
recess.
33. Advertisement of legislative committee
hearings.
34. Form of advertisements.
35. Designation of newspapers.
25.
26.
27,
28,
legislative committees.
Sect.
36. Postage for
Stationery.
37. Aviditing of expenses of legislative com-
mittees.
38. Payment of fees for witnesses before
general court.
39. Definition of "legislative counsel" and
"legislative agent".
40. Names of legislative coimsel and agents
to be entered on a docket, etc.
41. Sergeant-at-arms to keep dockets, etc.
Form of entries.
42. Subjects of legislation to be specified on
dockets.
Members of political committees not to
be legislative agents.
Compensation not to be contingent
upon action of general court. Legis-
lative counsel not to act as legislative
agent, when.
Written authority to be filed with ser-
geant-at-arms.
Proceedings for disbarment. Effect of
disbarment.
Opening, closing and disposition of
legislative dockets.
Employers of legislative counsel and
agents to file statements, etc.
Penalties.
Certain sections not to apply to certain
city or town solicitors or assistant
solicitors.
43
44
45
46
47
48
49.
50.
51
CONTINtJOUS CONSOLIDATION OF THE
GENERAL STATUTES.
Counsel for senate and house. Ap-
pointment, etc. Certain duties.
Counsel to draft bills, etc.
Counsel to propose corrections, prepare
revisions, etc.
Assistance and expenses.
Counsel, etc., legislative officers. Ex-
emption from civil ser\*ice.
Section 1. The state secretary shall receive and examine the certifi- Secretary to
« I I . « * . I , , . make and
cates 01 the election oi representatives to the general court returned into deliver lists
his office, and make a list of the persons therein named. On the Tues- retSrmfcT^
day next preceding the first Wednesday of January following a state §§*4,'6.*^'
election he shall deliver to the sergeant-at-arms a list of the persons p | f; | ' ;
then returned, and upon receiving any further certificates before the ^- ^- ^- 5 1-
house of representatives is called to order he shall immediately make
8 and deliver to the sergeant-at-arms a list of the persons returned by
9 such further certificates. He shall also transmit the certificates, with a
10 list of all persons returned, to the house of representatives as soon as the
11 members are called to order.
Section 2. The persons named on the lists delivered to the sergeant- Persons named
at-arms shall be admitted to take seats as members in the representa- take'^seaS
tives' chamber on said first Wednesday of January or thereafter during ilw'ml' 5.
the terms for which they are elected. '^- ^' ^' ^ ^■
p. S. 2, § 2. R. L. 3, 5 2.
98
THE GENERAL COURT.
[ClL\P. 3.
Manner of
calling house
to order, and
who shall
preside-
1844. 143, § 7.
G. S. 2, § 3.
P. S. 2, § 3.
R. L. 3, § 3.
Section 3. On said first Wednesday of January, between the hours
of ten in the forenoon and twelve at noon, the persons so returned and
admitted as members into the representatives' chamber shall be called
to order by the oldest senior member present, who shall be the presiding
officer of the house until a speaker is chosen or the house otherwise
determines.
Persons having
certificates,
etc., but not
on lists,
to present
credentials to
presiding
officer.
1844, 143. § 8.
G. S. 2, § 4.
P. S. 2, § 4.
R. L. 3, 5 4.
■ Section 4. A person having a certificate or other documentary e\i- 1
dence of his election as a representative who is not named on said lists 2
may, after the house has been called to order, present such certificate or 3
evidence to the presiding officer, or to the speaker if one has been chosen, 4
who shall communicate the same to the house for its action thereon; 5
but such person shall not take a seat as a member until permitted by 6
the house. *
Notice of cer-
tain petitions
to be published.
Deposit and
transmission
of petition.
Fee to accom-
pany certain
petitions.
1831.43, 5 1.
1832, 59.
R. S. 2,
§§ 7. 8.
1857, 261,
§§ 1-5.
G. S. 2,
§§ 8-12.
1862, 91, § 3.
1871, 381, 5 11.
P. S. 2,
§§5-14.
1885, 24,
§§ 1. 2.
1890, 302.
R. L. 3,
§5 5,7.
1924. 170, § 1.
1926, 107, § 1.
1928, 297.
114 Mass. 592.
1
2
3
4
5
6
7
8
9
10
11
Section 5. Whoever intends to present to the general court a peti-
tion for the incorporation of a city or town, for the annexation of one
municipality to another, for the consolidation of two or more munici-
palities or for the division of an existing municipality, or for the incor-
poration or revival of a railroad, street railway, elevated railroad, canal,
telephone, telegraph, water, gas, electric light, power or other public
service corporation, for the amendment, alteration or extension of the
charter or corporate powers or privileges, or for the change of name,
of any such company, whether specially incorporated or organized under
general laws, or for authority to take water for a water supply, or rela-
tive to building structures over navigable or tide waters, shall give
notice of such petition by publishing a copy thereof once in each of three 12
successive weeks in such newspapers as the state secretary, having 13
regard to the locality of the interests involved in such petition, shall 14
direct, the last publication to be made at least twenty-four days before 15
the session at which the petition is to be presented. Such petition with 16
a bill embodying in substance the legislation petitioned for shall be 17
deposited on or before the third Saturday of December in the office of IS
the state secretary, with proof of publication satisfactory to him, and 19
he shall file said petition and bill forthwith with the clerk of the house 20
of representatives, with his endorsement that the required publication 21
has been made. .
Every petition seeking as aforesaid the incorporation or revival or 23
change of name of a public service corporation and every petition by 24
or on behalf of such a corporation seeking as aforesaid legislation other- 25
wise amending, altering or extending the charter or corporate powers or 26
privileges of such a corporation shall be accompanied by a fee of twenty- 27
five dollars which shall be paid to the commonwealth. 28
Notice, deposit,
filing, etc., of
petitions for
mcorporation
of educational
institutions.
1896. 381.
§§ 1, 2.
R. L. 3.
§§ 6, 7.
1912, 481.
1914, 56.
1919, 293.
§§ 1-3, 5.
1923, 51.
1924, 170, i 2.
Section 6. Whoever intends to present to the general court a peti-
tion for the incorporation of a college, university or other educational
institution with power to grant degrees, or for an amendment to the
charter of any existing educational institution which will give it such
power, shall on or before November first prior to its intended presenta-
tion deposit the same in the office of the department of education. The
petitioners shall give notice of the petition by publishing a copy thereof
once in each of three successive weeks in such newspapers as the com-
missioner of education may designate, the last publication to be made
Chap. 3.] the general court. 99
10 at least twenty-four days before the session of the general court at which
11 the petition is to be presented; and the petitioners shall, on or before
12 the third Saturday of December, file with the said commissioner satis-
13 factory evidence that a copy of the petition has so been published,
14 together with a bill embodying in substance the legislation petitioned
\n for. Said commissioner shall file said petition and bill forthwith with
11) the clerk of the house of representatives, together with his recommenda-
17 tions relative thereto.
1 Section 7. Whoever intends to present to the general court a Petitions for
legislation
corpo-
2 petition for the establishment or revival, or for the amendment, altera- alferting
3 tion or extension of the charter or corporate powers or privileges, or for aSbfcTt to'
4 the change of name, of any corporation, except a petition subject to the g^j^ted
5 provisions of section five or six, shall, on or before November first prior poaited. etc.
6 to its intended presentation, deposit the same, together with a bill em- 1924', 170! § 3.
7 bodying in substance the legislation petitioned for, in the office of the '*^*' ^°^' ^'
8 commissioner of corporations and taxation. The petition shall spe-
9 cifically set forth the facts showing why the object sought cannot be
10 accomplished under the general laws, and if such a petition relates to a
11 corporation organized or to be organized for purposes of business or
12 profit, shall be accompanied by a fee of twenty-five dollars, which shall
13 be paid to the commonwealth. Said commissioner shall examine every
14 petition filed as aforesaid, and shall attach thereto a certificate or memo-
15 randum stating whether or not, in his opinion, the object sought may be
16 accomplished under the general laws or whether the same requires
17 legislation. He may also insert in said memorandum any other rele-
18 vant statement which, in his opinion, might be of assistance to the
19 general court in passing on the petition, and shall file the petition and
20 bill with the clerk of the house of representatives not later than the third
21 Saturday of December.
1 Section 8. Any petition to the general court, with the accompanying Petition ot
2 bill, of any town for authority to borrow money outside the statutory ti'/author™ to
3 limit of indebtedness shall be transmitted by the committee of the general outsid" the"**^
4 court to which the same may be referred to the director of accounts for fgjj ^''^'^■
5 information as to the financial condition of the town, and he shall as i^i^- ^so, § 52.
6 soon as possible make a report thereon to said committee.
1 Section 9. Each member of the general court shall receive two thou- Compensation
2 sand dollars for each regular annual session of the term for which he is of the general
3 elected, and four dollars and twenty cents for every mile of ordinary i85s!'2. §§ 1. 3.
4 traveling distance from his place of abode to the place of sitting of the ^j ^3^5
5 general court. The president of the senate and the speaker of the house J^^i. 498. § 1.
6 of representatives shall each receive two thousand dollars additional 1929! 333! 5 1.
7 compensation.
1 Section 10. Each member of the general court chosen to fill a va- Compensation
2 cancy, or who resigns his seat during a regular annual session, shall be ?h(Se^to mi
3 entitled to a per diem compensation for the time of his membership at wh^^^esign""^
4 the rate of two thousand dollars for each regular annual session, and H^i] 28^§ s''
5 his mileage as provided in the preceding section. ^^''^- '^®' ^ ^^■
p. S. 2, § 16. 1911. 676, § 1. 1919. 273.
R. L. 3, § 9. 1918, 62. 1931, 426, § 125.
100
THE GENERAL COURT.
[Chap. 3.
Payment of
members.
1858, 2, 5 1.
G. S. 2, § 13.
1872, 328, § 2.
P. S. 2, § 20.
R. L. 3, § 10.
1907, 163.
1912. 13, § 1.
1918, 203, § 1.
1920, 1.
Section 11. Each member of the general court shall be entitled to be 1
paid two hundred dollars on account on the day preceding the last legis- 2
lative day of each month; but such monthly payments in any year shall 3
not exceed in the aggregate the compensation of the member for the 4
annual session; and each member shall, on the last legislative day in 5
which the general court is in session preceding the fifteenth day of each 6
month, be entitled to receive an amount not exceeding the proportion 7
then due at the rate of two hundred dollars monthly. 8
fieS; ° Ten- Section 12. The clerlv of the senate and the clerk of the house of 1
i844^43''§9 representatives shall each receive a salary of three thousand dollars, and 2
1858, 2, § 5. each shall hold office until his successor is qualified. 3
G.S. 2, §§5, 17. 1,S73, 377, § 2. 1880,253. 1884,329.
1867, 167; 305. 1879,78, §2. P. S. 2, §§ 21. 25. R. L.3, §11.
1868, 37.
10.
Appointment,
salaries and
tenure of utHce
of assistant
clerks. Clerical
assistance.
1844, 143.
G. S. 2, S 6.
1873, 372,
n 3, 4.
1879, 78, § 3.
1880, 253.
P. S. 2,
§§22, 26.
1882, 257, 5 1.
1884, 334.
1888, 1.
1894, 394.
[Salaries of present incumbents, 1924, 436, 5 1; 1928, 322, § 1.)
Section 13. The clerks of the senate and house of representatives,
subject to the approval of the senate and house, respectively, may each
appoint an assistant clerk at a salary of two thousand dollars who, in the
absence of the clerk, shall perform his duties unless a temporary clerk
is chosen. Each clerk may remove the assistant clerk appointed by him.
The clerk of the senate may also employ necessary clerical assistance
at an annual expense of not more than fifteen hundred dollars, and the
clerk of the house of representatives may also employ necessary clerical
assistance at an annual expense of not more than forty-five hundred
dollars.
1915, 271, 5 1.
1899, 100.
R. L. 3, §§
12, 13.
1904, 87, § 1-
1906, 126, § 1.
1
2
o
O
4
5
6
7
S
9
10
[Salaries of present assistant clerics, 1926, 268, § 1; 1928, 322, § 2.]
Compensation Section 14. The chaplaius of the senate and house shall each receive 1
01 chaplains. ^
1858, 2, § 6. a salary of seven hundred and fifty dollars. 2
G. S, 2, 5 18, 1879, 78, i 8; P. S. 2, § 23. 1913, 4.50.
1872, 7. 304. R. L. 3, § 14. 1920, 345.
Sergeant-at-
arms, salary,
removal, etc.
1835, 154.
R. S. 13,
§5 58, 64, 65.
1837, 13.
1843, 9.
1854, 131, 5 1.
G. S. 14,
§§49, 50.
1867, 305.
Section 15. The general court shall annually in January choose a 1
sergeant-at-arms at a salary of four thousand dollars who shall hold 2
office until removed or until another is chosen. He may be removed by 3
the general court or, during its recess, may be suspended by the gov- 4
ernor and council. If a vacancy or suspension occurs during such re- 5
cess, the governor and council may appoint a person to perform the 6
duties of the office until a new election. 7
p. S. 5, §§
1884, 333.
1887, 128.
1,10.
1895, 284, § 2.
R, L. 10. §§ 1. 10.
1903, 455, § 1.
1905, 218. § 2.
1907, 359, § 1.
1927, 340, § 2.
1930, 424, § 1.
Assistant
sergeant-at-
arms, appoint-
ment, etc.
1863, 87,
§§1,2.
p. S. 5, 5 2.
R, L. 10, § 2.
Section 16. In case of the disability or necessary absence of the 1
sergeant-at-arms, he may appoint, with the approval of the presiding 2
officers of the two branches of the general court or, during its recess, 3
of the governor, an assistant sergeant-at-arms to perforin his duties 4
during such disability or absence. His compensation shall be paid by 5
the sergeant-at-arms, who shall be responsible for his fidelity and good 6
conduct in office; but for misconduct or other sufficient cause he may 7
be removed by the general court or, during its recess, by the governor 8
and council. 9
Chap, o.] the general court. 101
1 Section 17. The sergeant-at-arms shall serve such processes and ""^'j,an?!at-
2 execute such orders as mav be enjoined upon him bv the general court jr'™ . , .
3 or by either branch thereof, attend the members or clerks of either lauve om-
4 branch when they are charged with a message from one branch to the pfweS^of'pofkt
5 other or to the governor and council, maintain order among the spec- r. I^isf'"'
f) tators admitted into the chambers in which the respective branches g.^,'u,'
7 hold their sessions, prevent the interruption of either branch or of the p'^ls 53
8 committees thereof, and shall have the control of, and superintendence Rj,^ ijo^^;,,
9 over, his subordinate officers, taking care that they promptly perform 1936! ssa! § 1.
10 their duties. In respect to any criminal offence committed in any part
1 1 of the state house assigned to or used by either branch of the general
12 court or any committee or officer thereof, or to any such offence com-
1:? mitted against any member of the general court, including any member
14 of a special commission composed in part of members of the general
15 court, while acting within the commonwealth in his official capacity as
16 such member, whether such offence is committed within the state house
17 elsewhere than as aforesaid, or upon premises outside the state house
IS while officially used by a committee of the general court or by such a
19 special commission, the sergeant-at-arms, the doorkeepers and assistant
20 doorkeepers of either branch thereof, and its general court officers shall
21 have and exercise all the powers of police officers, and in respect to the
22 service within the commonwealth of such processes and orders as may
23 be enjoined upon them by the general court or either branch or by any
24 committee of the general court or either branch, they shall have the
25 powers of constables.
1 Section 18. There shall be a doorkeeper for each branch, each at a certain
2 salary of twenty-seven hundred and fifty dollars, and such assistant s^g'ant-It-'
3 doorkeepers as it may direct, each at a salary of twenty-two hundred "Xries.
4 dollars; a postmaster at a salary of twenty-five hundred dollars; an f^gf 2^'s\*^'
5 assistant postmaster at a salary of fifteen hundred dollars; a porter in o. s!2,'§i9;
6 the lobby of the house of representatives at a salary of sixteen hundred isbs, 228.
7 and fifty dollars; general court officers, each at a salary of two thou- i88o!2i2,
8 sand dollars; pages whose compensation shall be seven hundred dollars rs'I.'su?-
9 each for the regular annual session and a sum not exceeding three dollars ls^2^'2l7^' ^'
10 for each day's service after such session; a clerk to take charge of the ^Ig^ ^jg
11 legislative document room at a salary of twenty-seven hundred and SH.'s. '
12 fifty dollars, an assistant clerk of said room at a salary of twenty-one Hi,' 3.
13 hundred dollars, and such assistants therein as may be necessary, for §§.5,11-14.
14 \\ hose fitness and good conduct the sergeant-at-arms shall be responsible. 1905] lis! ^ ^'
1907, 359, § 1. 1919, 183, § 1: 235, § 1; 1923, 400, § 1.
1909, 174. 2S4; .3.50, § 22. 1924, 401, § 1.
1911, 60; 115. 1920, 346; 593. 1927, 340, § 1.
1914, 710. § 1. 1921, .367, § 1. 1930, 389, § 2;
1917, 244. 1922, 366, § 1. 424, § 2.
1 Section 19. The number of doorkeepers, assistant doorkeepers. Number of
2 general court officers and pages of the senate and of the house shall not et°c'!^author-'
3 exceed forty-one in all. ''"'"*•
1879, 78, § 10. 1895, 11. 1919, 350, § 22.
P. S. 2, § 27. R. L. 10, § 15. 1923, 228. § 1.
1882, 257, § 4. 1910, 154, § 1. 1930, 389, § 3.
1 Section 20. The sergeant-at-arms, doorkeepers, assistant doorkeep- Compensation
2 ers, general court officers and pages, the postmaster and assistant post- to'^doorkeepers,
3 master, the clerks in the sergeant-at-arms' office, and the clerk, assist- dSofkeepera,
102
THE GENERAL COURT.
[Chap. ,3.
general court
officers,
pages, etc.
1915, 202.
1917, 6.
1918, 66. § 1.
1919, 273,
l§ 1, 2.
1921, 498, § 2.
1922, 8.
1923, 229, 5 1.
1924, S02, § 2.
1928. 201, § 1-
1930, 389, § 4.
ant clerk and other assistants in the legislative document room shall each 4
receive for each annual session four dollars and twenty cents for every 5
mile of ordinary traveling distance from their places of abode to the 6
place of the sitting of the general court. Payments to persons author- 7
ized to receive compensation under this section shall be made from the 8
treasury of the commonwealth in anticipation of an appropriation, in 9
the month of January of each year, upon the certificate of the sergeant- 10
at-arms approved by the president of the senate and the speaker of the 11
house of representatives. 12
Appointment,
etc., of
employees
of sergeant-
at-arms.
1919,350, §22.
1920, 593.
Section 21. The sergeant-at-arms shall, immediately after his elec- 1
tion, with the approval of the presiding officers of the two branches of 2
the general court, appoint such employees as are necessary to fill any 3
existing vacancies in the employees provided for by section eighteen; 4
and no employee provided for by said section, excepting pages, shall 5
be removed except with the consent of the presiding officer of the branch 6
to which he is assigned or of both branches if he is assigned to both. 7
The sergeant-at-arms may appoint and remove such additional clerical 8
and other assistants as the duties of his office may require, and, subject 9
to sections forty-five to fifty, inclusive, of chapter thirty and the rules 10
and regulations made thereunder, may fix their compensation. 11
Custody of
journals, etc.,
of senate and
house.
1844, 153.
G. S. 2, § 21.
1876, Res. 24.
P. S. 2, 5 28.
R. L. 3, § 15.
Section 22. The journals, files and papers of the senate and of the
house of representatives shall be in the custody of their respective clerks
during each political year, and thereafter in the custody of the state
secretary. The clerk of each branch shall at all times have access to the
Copies of such journals, files and papers, certified by the clerk of
same.
the branch to which they originally appertained or by the state secretary,
shall be evidence in like manner as the originals.
Engroesment
of bills and
resolves.
Const,
amend. 48.
(Const. Rev.
arts. 76-107.)
1826, 37.
R. S. 13, § 6.
1836, 24.
G. S. 2, § 22.
1877, 201.
P. S. 2, § 31.
1901, 191.
R. L. 3. § 19.
1912. 170, § 1.
1919, 364, § 1.
1920, 388, § 2.
Section 23. Bills and resolves passed to be engrossed by the general
court, and bills for which initiative petitions are completed under the
constitution of the commonwealth, shall, under the direction of the state
secretary, be fairly engrossed on parchment or parchment paper in a plain
and legible handwriting, or written by a typewriting machine, without
interlineation, and with a margin of not less than one incli on each side,
and in engrossing bills for which initiative petitions are completed
the enacting clause shall be in the form prescribed by section three of
chapter four. Each sheet on which bills are engrossed or typewritten
shall be eighteen inches long and thirteen inches wide, and each sheet on
which resoh-es are engrossed or typewritten shall be fifteen inches long 11
and ten inches wide. The secretary shall cause the acts and resolves 12
of each session to be neatly and strongly bound in separate volumes of 13
convenient size and lettered on the back with a designation of the con- 14
tents and the legislative year. If such original engrossed acts or resolves 15
are becoming illegible, he shall cause parchment or parchment paper 16
copies thereof, similar to the originals, to be engrossed, and shall attest 17
them. Such attested copies shall have the same force and eft'ect as the 18
1
2
3
4
5
6
7
8
9
10
originals.
19
Engrossment Section 24. All proposed amendments to the constitution which 1
amendments havc bccn agrccd to in joint session of the two houses of the general court 2
tStlon.""'"'" in the manner prescribed by the constitution shall be engrossed on parch- 3
Chap. 3.] the general court. 103
4 merit or parchment paper, certified by the clerk of such joint session, ises, ise.
5 and deposited in the office of tiie state secretary. r. l. 3, § 20.
1921, 480, § 41.
1 Section 25. [Repealed, 1929, 41.]
1 Section 26. No periodicals, publications or books, other than those Books, etc.,
2 printed for tlie use of the general court, shall be ordered for members OTde'red for
3 thereof at the expense of the commonwealth. members.
G. S. 2, § 10. P. S. 16, 5 49. R. L. 6, § 53.
1 Section 27. Senators and representatives, acting as members of a Members of
2 committee of the general court, may administer oaths to persons exam- m^'^dmfn-
3 ined before such committee. isls.^lol"'
R. S. 2, § 10. G. S. 2, § 20. p. S. 2, § 29. R, L. 3, § 16.
1 Section 28. A person shall not be excused from attending and testi- beforrTnerai
2 fying before either branch of the general court or before a committee court or
3 thereof upon a subject referred to such committee on the ground that thereof.
4 his testimony or evidence, documentary or otherwise, may tend to crim- p. s.'2, § so.
5 inate him or subject him to a penalty or forfeiture; but he shall not be i902,l44, u.
6 prosecuted or subjected to a penalty or forfeiture for or on account of [^l u Tm?^'
7 any action, matter or thing concerning which he may be required to i6i u. s. 591.
8 so testify or produce e\idence, except for perjury committed in such
9 testimony.
1 Section 29. Stenographic reports of hearings before legislative com- stenographic
2 mittees or special commissions made at the expense of the common- I'sg'y?!^.
3 wealth shall, at the conclusion of the work of such committees or com- igis.li.*^^'
4 missions, be deposited in the state library.
1 Section 30. Accounts for expenditures made or services rendered Expense.sm-
r»i ii»i 1 c'li 11 ? 1 curred under
2 under an order 01 the general court or 01 either branch thereof, other orders of the
3 than by legislative committees, may be approved by the president or issv. Res. 19'.
4 speaker, by the sergeant-at-arms, or by any other person to whose direc- a^l.' i5,^'§ 37. '
5 tion or supervision such expenditures or services have been specially p^^'fo^jlo'
6 intrusted. R.L.a.Ms.'
1917, 277, § 2.
1 Section 31. Except as otherwise provided in this chapter, no joint Expenses of
2 committee of the general court shall, unless authorized by order of both ofT™
3 branches, incur any expense to be paid by the commonwealth; and no f87"'i8'i™ri.
4 committee of either branch shall, unless authorized by the branch to R.L.eC/44^'
5 which it belongs, incur such expense. '•^^ ^'"^^ i^^-
1 Section 32. No committee of the general court shall, after the close Expenses of
2 of the regular session, incur any expense to be paid by the common- acUiS'during
3 wealth unless there is an authorized appropriation therefor ; nor shall i858,''i58, § 12.
4 a committee appointed to act during the recess of the general court incur f^^- l^g^^l'
5 any such expense after the recess. p- '^^ i^, § 44.
R. L. 6, § 45.
1 Section 33. No hearing before a committee of the general court, or Advertisement
2 of either branch thereof, shall be advertised at the expense of the com- committee
3 monwealth in more than two newspapers published in any county, nor is^^fsi, § 2.
104
THE GENERAL COURT.
[Chap. 3.
p. S. 16. § 42.
1885, 371.
1897. 503.
1898. 76, § 1.
R. L. 6. § 46.
1903, 283, § 1.
more than twice in any newspaper; and no hearing on a matter of special 4
legislation affecting the interest of only a portion of the commonwealth 5
shall be advertised in any newspapers except in those published daily in 6
the county of Suffolk and in the localities directly interested therein, if 7
there are any so published, otherwise in those published weekly. No S
hearing shall be advertised where the parties in interest can readily be 9
reached by notices sent by mail. 10
Form of
advertisements.
1898, 76, § 2.
R. L. 6, § 47.
Section 34. In all newspapers designated to advertise such hearings, 1
the advertisements shall be uniformly printed in type not larger than 2
nonpareil, set solid, and without display either in the headings or in the 3
body of the advertisements. 4
Designation of
newspapers.
1885. 371, § 2.
1897. 503, § 2.
1898, 76, § 3.
R. L. 6. § 48.
1903, 283, § 2.
1921. 343.
1923, 362, § 2.
Section 35. Advertisements of hearings shall be published only in
newspapers designated by the chairman of the committee on the part
of the senate or of the house of representatives and the clerk of the
committee, subject to the approval of the committees on rules sitting
jointly or acting concurrently, and in each case the order for the adver-
tisement shall be signed by the chairman and clerk of the respective
committees, who shall designate therein the newspapers in which such
advertisement is to be published, designating daily papers whenever 8
such are available, and shall file the same with the comptroller, who 9
shall thereupon forward a copy to the newspapers so designated for 10
publication and shall give the necessary directions to secure uniformity 1 1
in the style and manner of publication, as provided in the preceding 12
section. The comptroller shall certify all bills for publishing such 13
advertisements, and shall annually, during the first week in April, 14
report in detail to the general court the expenses incurred by the several 1.5
committees under this section. 1<J
Postage for
legislative
committees.
Stationery.
1856, Res. 74.
1877, 181, § 4.
P. S. 16, 5 43.
R. L. 6, 5 49.
Section 36. Postage for committees of the general court shall be 1
provided by the sergeant-at-arms, who shall be reimbursed therefor. 2
The printing, binding and procuring of stationery for the use of the 3
senate and house of representatives shall be under the direction of the 4
clerk of each branch, respectively, and shall be approved by him. 5
Auditing of
expenses of
legislative
committees.
1875, 186, i 1.
1877, 181, § 3.
P. S. 16, § 45.
R. L. 6, 5 50.
1923, 362, i 3.
Section 37. Except as provided in the two preceding sections, no 1
money shall be paid from the treasury for expenses incurred by com- 2
mittees of the general court unless, at the beginning of each month and 3
at other convenient and necessary times during the session, the clerk of 4
the committee prepares a schedule, on forms furnished by the comp- 5
trolier, of the expenses incurred for which bills have been rendered, which 6
shall be approved in writing by a majority of the members of the com- 7
mittee and transmitted to the comptroller. If a bill for an authorized 8
expense incurred during a regular or special session of the general court 9
is not rendered during such session so that it can be approved as afore- 10
said, the written approval of a majority of the members of the committee 11
shall be sufficient to authorize the comptroller to certify it. 12
Payment of
fees for
witnesses
before general
court.
1859, 221, 5 1.
G. S. 15, 5 46.
Section 38. Money appropriated for fees of witnesses before the 1
general court may be paid to the sergeant-at-arms, who shall pay there- 2
from the legal fees due to witnesses summoned before committees 3
authorized to send for persons and papers, upon the certificate of the 4
Chap. 3.] the general court. 105
5 chairman or other member authorized by the committee to certify ism, 4i,
(5 sucii accounts, as soon as may be after said witnesses have been dis- p s! lb.
7 charged, and in like manner shall pay the expense of taking depositions R^r!'6^^§5i.
8 authorized by such committees, and shall, within ten days after proro- ^^^^' ^*-' * *■
9 gation, return to the comptroller an account of such payments, and
10 repay to the state treasurer the unexpended balance of such money.
11 If witnesses are summoned in any session before an appropriation for
12 their payment has been made, the governor may draw his warrant for
1.3 an amount not exceeding the appropriation made in the preceding fiscal
14 year, and in no case exceeding three hundred dollars.
1 Section 39. The following terms, when used in this chapter, shall .P.^fip','"™ °t
. . ° I- > legislative
2 have the lollowmg meanmgs: ''o™'".
3 "Legislative counsel", any person who for compensation appears at tiveaRent".
4 any public hearing before any committee of the general court in regard
5 to proposed legislation, and who does no other acts in regard to the same
6 except such things as are necessarily incident to such appearance before
7 such a committee;
8 "Legislative agent", any person who for hire or reward does any act
9 to promote or oppose legislation except to appear at a public hearing
10 before a committee of the general court as legislative counsel.
1 Section 40. A person employing or agreeing to employ a person Names of
2 to act as counsel or agent to promote or oppose, directly or indirectly, couLrf'and
3 legislation by the general court, or to act as legislative counsel or agent, entereVon'a
4 shall, within one week after such employment or agreement, cause the i89of456"^§ i
5 name of such counsel or agent to be entered upon a docket as provided ^^l- l^^.'gV
6 in the following section; and such counsel or agent shall also enter his 236Mms 121
7 name upon such docket. The termination of such employment may be 311. '
8 entered opposite to the name of such counsel or agent either by him or tPenaity, § 49 ]
9 by his employer.
1 Section 41. The sergeant-at-arms shall keep a docket in which shall fr™ to'keep
2 be entered the names of all who are employed as legislative counsel p°°^of^'°-
3 and of all counsel who act or advise in relation to legislation. He shall fS^""^
4 also keep a docket in which shall be entered the names of all who are i89i! 223! § 2.
5 employed as legislative agents and of all persons employed for other 1 bp'. a. gT*'
6 purposes rendering any services as such agents. Such entries shall in- 3 op. a. g.
7 elude the name and business address of the employer, the name, residence *®®-
8 and occupation of the employee, the date of the emplojinent or agree-
9 ment therefor, the duration of the emplojTnent, if it can be determined,
10 and the special subjects of legislation, if any, to which the emplojTnent
11 relates.
1 Section 42. A person employing any legislative counsel or agent f^^f":^"^,
2 shall, as subjects of legislation are introduced which such counsel or be specified on
3 agent is to promote or oppose, make additional entries under the name of i89o,''4m. § 3.
4 such employer in the appropriate docket, stating such special employment r/'l. 3' i 25. '
5 and specifically referring to the petitions, orders, bills or other subjects leg." ^' ^'
6 of legislation to which it relates. Such entries shall also be made opposite [Penalty, § 49.1
7 the names of such counsel or agent so that the entries opposite the name
8 of an employer shall show all the subjects of legislation relative to which
9 any counsel or agent is employed by him, and so that the entries opposite
106
THE GENERAL COURT.
[Chap. 3.
Members of
political
committees
not to be
legislative
agents.
Compensation
not to be
contingent
upon action
of general
court.
Legislative
counsel not to
act as
legislative
agent, when.
1890, 456, § .3.
the name of every person employed shall show all the subjects of legisla- 10
tion with reference to which he is employed. No legislative committee 11
shall allow a person to appear as counsel before it in respect to any 12
legislation not described in the docket of legislative counsel against his 13
name. 14
Section 43. No member of a state or district political committee 1
shall act as legislative agent. 2
1911, 728, § 1. [Penalty, § 49,1
Section 44. No person shall be employed as a legislative counsel or
agent for a compensation dependent upon the passage or rejection of
proposed legislation or upon any other contingency connected with the
action of the general court or of either branch or of a committee thereof.
A person whose name is entered upon the docket of legislative counsel
shall not render service as legislative agent unless his name is also entered
upon the docket of legislative agents.
1891, 223, § 2. R. L. 3, § 26. [Penalty, § 49.]
Written au-
thority to be
filed with
sergeant-at-
arms.
1895, 410.
1896, 342, § 1.
Section 45. Every legislative counsel or agent shall, within ten
days after entering his name upon a docket as hereinbefore provided, file
with the sergeant-at-arms a written authority to act as such counsel or
agent, signed by the person for whom he assumes to act.
R. L. 3, § 27. [Penalty, § 49.)
Proceedings
for disbar-
ment. Effect
of disbarment.
1890, 4.56, § 4.
R. L. 3, § 28.
Opening,
closing and
disposition
of legislative
dockets.
1890, 456, § 5.
1894, 298.
R. L. 3, § 29.
Section 46. The general court may, upon cause shown therefor, 1
disbar a person from acting as a legislative counsel or agent; but a 2
person against whom proceedings for disbarment are brought shall 3
be allowed a hearing before a committee or otherwise as the general 4
court may determine. No person who has been so disbarred shall be 5
employed as legislati\e counsel or agent within three years after such 6
disbarment. 7
Section 47. The dockets of legislative counsel and agents for each
year shall be closed upon the prorogation of the general court, and the
dockets for the ensuing year shall then be opened. Within thirty days
after such prorogation, the sergeant-at-arms shall deposit in the office
of the state secretary the dockets which have been so closed.
Employers of
legislative
counsel and
agents to file
statements, etc,
1890, 4.56, § B.
1891, 223, § 2.
R, L. 3, § 30.
1913, 434,
3 Op. A, G.
469.
[Penalty, § 49.)
Section 48. Within thirty days after the prorogation of the gen-
eral court, every person whose name appears upon the dockets so closed
as an employer of any legislative counsel or agent shall render to the
state secretary a complete and detailed statement, on oath, of all ex-
penses incurred or paid in connection with the employment of legisla-
tive counsel or agents or with promoting or opposing legislation. When
such expense is included in an employment by annual salary or retai^ier,
the statement shall specify the amount of the salary or retainer appor-
tioned therefor. In case such employment is without any such appor-
tionment, then the total salary or retainer which includes such services
shall be stated. Such statements shall be in such form as the state sec-
retary may prescribe, and shall be open to public inspection.
1
2
3
4
5
6
7
8
9
10
11
12
fl9o'456 5 7 Section 49. Violations of any jji-ovision of sections forty, fortj'-two, 1
1896; 342; forty-three, forty-four and forty-eight shall be punished by a fine of not 2
Chap. 3.] the geneiul court. 107
3 less than one hundred nor more than one thousand dollars. Any person r. l. 3,
4 acting as legislative counsel or agent contrary to any provision of sec- i9ii,'728.
5 tions forty, forty-two, forty-three and forty-four shall, in addition to such
6 fine, be disqualified from acting as legislative counsel or agent for three
7 years from the date of conviction of such offence. Violation of section
8 forty-five shall be jHuiished by a fine of not more than one thousand
9 dollars or by disqualification from acting as legislative counsel or agent
10 for three years, or by both such fine and disqualification. The attorney
11 general shall cause prosecutions to be instituted for violations of any
12 proxision of sections forty, forty-two to forty-five, inclusive, forty-seven
Vo and forty-eight.
1 Section 50. Sections thirty-nine to fortv-nine, inclusive, shall not c-rtain
. ^ „. ... . sections not
2 apply to the employment by a town or its solicitor or an assistant so- to apply to
3 licit or to represent it in any legislative proceeding; provided, that such or"own'"'^
4 solicitor or assistant solicitor receives no compensation for his services
5 other than the regular salary attaching to his office.
ISOO, 456. § 8. R. L. 3, § 32. 1922, 210.
solicitors or
assistant
solicitors.
CONTINUOUS CONSOLIDATION OF THE GENERAL STATUTES.
1 Section 51. The committees on rules of the senate and house of £°"tfand''
2 representatives shall each appoint a skilled person to act as counsel to p°"nfn,p^tP"
3 the senate and house of representatives, respectively, at such compen- ^',,''tigg'^'^''''''°
4 sation as the said committees may approve. The persons so appointed 1020, 640, § 1.
5 shall serve for the term of two years from the date of appointment, sub-
6 ject to the pleasure of the said committees. They shall, under the di-
7 rection of the said conuuittees, annually prepare a table of changes in
8 the general statutes, an index to the acts and resolves, and shall from
9 time to time, under the direction of the said committees or of the gen-
10 eral court, consolidate and incorporate in the General Laws all new gen-
ii eral statutes. They shall, from time to time, under like direction, make
12 such additions and re\isions in the index of the General Laws as may be
13 necessary to insure its prompt publication in connection with future
14 revisions of the statutes. The said committees may direct that copies
15 of the index containing such additions and revisions be deposited, from
16 time to time, in the office of the state secretary or elsewhere and made
17 available for public use.
1 Section 52. The said counsel shall, under like direction, assist Counsel to
,1 n . • draft bills,
2 members and committees 01 the senate and house or representatives in etc.
3 drafting bills, and shall advise and assist the committees on bills in the
4 third reading. They shall, so far as possible, draft all bills proposed for
5 legislation as general statutes in the form of specific amendments of or
6 additions to the General Laws.
1 Section 53. The said counsel may, from time to time, submit to counsel to
2 the general court such proposed changes and corrections in the general ra^rectlona,
3 statutes as they deem necessary or advisable, including recommenda- !?evfstons. etc.
4 tions for the repeal of such statutory provisions as have become obsolete }^|°| 24?'§\*'
5 or the reasons for the enactment of which have ceased to exist. If, |927, es.^ ^
6 in their opinion, the necessity of enacting special bills in relation to any
7 particular subject of legislation may, without detriment to the public
8 interest, be avoided in whole or in part by the enactment of general
108
THE GENERAL COURT. STATUTES.
[Chaps. 3, 4.
Assistance and
expenses.
1920, 640, 5 4.
legislation, they shall from time to time submit to the general court 9
drafts of such changes in or additions to the General Laws as will accom- 10
plish said purpose. They shall, as early as practicable after prorogation, 11
file in the office of the state secretary a copy of all amendments of and 12
additions to the General Laws, which shall be open to public inspection. 13
They shall advise and assist as to the form of drafts of bills submitted 14
to them in accordance with section thirty-three of chapter thirty. 15
Section 54. The said counsel may employ such legal and other 1
assistance as may be necessary in the discharge of their duties, subject 2
to the approval of the said committees on rules, and may expend with 3
like approval such sums as may be necessary for office, printing and 4
other expenses. 5
Counsel, etc.
legislative
officers.
Exemption
from civil
Section 55. The said counsel shall not be deemed to be executive 1
or administrative officers within the meaning of the constitution, but 2
shall serve directly under the general court. They and their assistants 3
1920,640, §5. shall not be subject to chapter thirty-one. 4
CHAPTER 4
STATUTES.
Sect.
1.
2.
3.
When statutes shall take effect.
Resolves to take effect upon passage.
Enacting style of proposed laws sub-
mitted by initiative.
4. Acceptance of statute by city or town.
5. Return to be made to state secretary
of acceptance or rejection, etc., of
certain acts and resolves.
6. Rules for construing statutes.
7. Meaning of certain words in constru-
ing statutes.
7A. [Amended into special act.]
Sect.
8.
9.
9A.
9B.
10.
11.
Construction of special acts authoriz-
ing indebtedness.
Performance of certain acts on day
after Sunday or legal holiday.
Unsealed instruments, when given
effect of sealed instruments.
Impression, etc., of certain seals
upon documents without use of
wax or wafers.
Daylight saving.
Marginal references.
When statutes
shall take
effect.
R. S. 2, §5 4, 5.
G. S. 3, 8 6.
P. S. 3, § 1.
R. L. 8, § 1.
1919, 97.
1931, 426,
§ 126.
10 Mass. 290.
3 Gray, 601.
6 Gray, 316.
16 Gray, 144.
108 Mass. 30.
109 Mass. 355.
118 Mass. 168,
502.
197 Mass. 178.
212 Mass. 253.
213 Mass. 222.
219 Mass. 211.
255 Mass. 369.
267 Mass. 430.
269 Mass. 373.
3 Op. A. G. 249.
4 Op. A. G. 298.
Section 1. A statute enacted by the general court which may be 1
made the subject of a referendum petition and which is declared therein 2
to be an emergency law, unless otherwise expressly provided therein, 3
shall take effect as soon as it has the force of a law conformably to the 4
constitution. A statute so enacted which may not be made the subject 5
of such a petition and for which a different time of taking effect is not G
therein expressly proxitled shall take effect as soon as it has the force of 7
a law as aforesaid if it is declared therein to be an emergency law, other- 8
wise on the thirtieth day next after the earliest day on which it has the 9
force of a law as aforesaid; provided, that a statute so enacted which 10
may not be made the subject of such a petition and which is to take 11
effect upon its acceptance by a municipal or other corporation or by 12
any board or officer thereof, unless otherwise expressly provided therein, 13
shall, for the purpose of such acceptance only, take effect as soon as it 14
has the force of a law as aforesaid. 15
Chap. 4.] statutes. 109
1 Section 2. A resolve, unless otherwise expressly provided therein, Resoiveiito
2 shall take effect as soon as it has the force of a law conformably to the upon'iSs'sage
3 constitution. '>'''*■ ^^^'■
p. S. 3, § 2. R. L. 8, § 2. 1931, 426, § 126.
1 Section 3. The enacting style of all measures submitted to the Enacting style
2 people in pursuance of an initiative petition for a law shall be: Be it faimsubmitted
3 enacted by the People, and by their authority. im'mTi.
1 Section 4. Wlierever it is provided that a statute shall take effect Acceptance of
„ . I . , 111 statute by
2 upon its acceptance by a city or town, such acceptance shall, except city or town.
3 as otherwise provided in such statute, be, in a city, by vote of the city
4 council or, in a town, by vote of the inhabitants thereof at a town
5 meeting.
1 Section 5. If an act or resolve is to take effect upon its acceptance Return to be
2 by a municipal or other corporation, a return of the action taken by ^cre'ta?y^of^
3 such corporation shall be made by its clerk to the state secretary within rekcUmrttX
4 thirty days thereafter. If such act or resolve prescribes a time within aLd"esorves'*
5 which it may be accepted, and within the time limited it is rejected r*l'8°'5 3
6 or no action is taken thereon, said clerk shall, within thirty days after i Op. a. g.'
7 the expiration of the time so limited, make a return to the state secretary,
8 stating that such act or resolve was rejected or that no action was taken
9 thereon.
1 Section 6. In construing statutes the following rules shall be ob- Rules for
2 served, unless their observange would involve a construction incon- 8t'a"'i!tes.°^
3 sistent with the manifest intent of the law-making body or repugnant to p. 1. 1; §3;
4 the context of the same statute: R- ^ *• ^ *•
1919, 301, § 1. 194 Mass. 485.
5 First, The repeal of a statute shall not revive any previous statute. Repeal not to
6 except in case of the repeal of a statute, after it has become law, by "rrvlous"^
7 vote of the people upon its submission by referendum petition. iseg'^o
p. S. 3, § 3. cl. 1. 1919. 301, § 1. 4 Op. A. G. 547.
R. L. 8, § 4, cl. 1. 232 Mass. 28.
8 Second, The repeal of a statute shall not affect any punishment. Repeal not to
9 penalty or forfeiture incurred before the repeal takes effect, or any suit, efc^l^p^l^o'S'
10 prosecution or proceeding pending at the time of the repeal for an offence 'iseg^'^^b.
1 1 committed, or for the recovery of a penalty or forfeiture incurred, under ^| | ^' ^ ^•
12 the statute repealed. r. l. 8, §4.
1919, 301, § 1. 123 Mass. 407. 184 Mass. 515.
108 Mass. 30. 150 Mass. 315. 210 Mass. 445.
13 Third, Words and phrases shall be construed according to the common How words and
14 and approved usage of the language; but technical words and phrases Ee^struld.
15 and such others as may have acquired a peculiar and appropriate mean- ^ f ^' ^ ^•
16 ing in law shall be construed and understood according to such meaning. ^ a 3. § 7,
p. S. 3, § 3. cl. 3. 204 Mivss. 42. 225 Mass. 349.
R. L. 8. § 4, cl. 3. 205 Mass. 124. 230 Mass. 370.
1919, 301, § 1. 210 Mass. 588. 267 Mass. 496.
7 Allen, 287, 304. 213 Mass. 79. 4 Op. A. G. 307,
8 Allen, 297. 218 Mass. 8, 14. 320, 348.
10 Allen, 155. 222 Mass. 563.
17 Fourth, Words importing the singular number may extend and be Number and
IS applied to several persons or things, words importing the plural number r."|", 5 e, ci. 2.
110
STATUTES.
[Chap. 4.
may include the singular, and words importing the masculine gender may 19
20
G. S. 3, 5 7,
P.S.3, §3, ci. 4. include the feminine and neuter
Joint
authority.
R. S. 2, § 6,
cl. 3.
G. S. 3, § 7,
cl. 3.
P.S.3, §3, cl. 5.
Oath or
acknowledg-
nient, befOTe
whom; dis-
pensed with,
when.
1926. 187, 5 2.
1931, 394,
§ 183.
Action by
city council.
Publication
where no news-
paper in city
or town, etc.
1912, 360.
228 Mass. 417.
270 Mass. 96.
Penalty, etc.,
to be for each
offence.
R. L. 8, § 4, cl. 4.
1919, 301, § 1.
105 Mass. 33.
127 Mass. 563.
131 Mass. 376.
242 Mass. 277.
267 Mass. 496.
3 Op. A. G. 93.
Fifth, Words purporting to give a joint authority to, or to direct any 21
act by, three or more public officers or other persons shall be construed as 22
giving such authority to, or directing such act by, a majority of such 23
officers or persons. 24
R. L. 8, 5 4. cl. 5.
1919, 301. § 1.
6 Met. 340.
5 Gush. 269.
7 Gray. 128.
16 Gray. 341.
113 .Mass, 161.
152 Mass. 500.
195 Mass. 72.
201 Mass. 107.
Op. A. G. (1920) 234.
Sixth, Wherever any writing is required to be sworn to or acknowl-
edged, such oath or acknowledgment shall be taken before a justice uf
the peace or notary public, or such oath may be dispensed with if the
writing required to be sworn to contains or is verified by a written decla-
ration under the provisions of section one A of chapter two hundred and
si.\ty-eight.
Seventh, Wherever action by more than a majority of a city council is
required, action by the designated proportion of the members of each
branch thereof, present and voting thereon, in a city in which the city
council consists of two branches, or action by the designated proportion
of the members thereof, present and voting thereon, in a city having a
single legislative board, shall be a compliance with such requirement.
Eighth, Wherever publication is required in a newspaper published
in a city or town, it shall be sufficient, when there is no newspaper pub-
lished therein, if the publication is made in a newspaper published in
the county where the city or town is situated; and for this purpose a
newspaper which by its title page purports to be printed or published in
such city, town or county and which has a circulation therein, shall
be deemed to have been published therein.
Ninth, Wherever a penalty or forfeiture is provided for a violation of
law, it shall be for each such violation.
2,5
2G
27
2S
29
.30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Meaning of SECTION 7.
certain words ., • i * • i ^ • ^ x' i t
in construing the meanings herein given, unless a contrary intention clearly appears:
In construing statutes the following words shall have 1
2
statutes.
"Aldermen",
1913, 835, § 1.
182 Mass. 524.
225 Mass. 104.
"Annual
meeting".
R. S. 2, § 6.
cl. 4.
1837, 52.
"Assessor".
"Charter"
"City
solicitor"
"District".
1931,394, §208.
G. S. 3, i 7.
P. S. 3, § 3.
R. L. 8.
First, "Aldermen", "board of aldermen", "mayor and aldermen",
"city council" or "mayor" shall, in a city which has no such body or
officer, mean the board or officer having like powers or duties.
Second, "Annual meeting", when applied to towns, shall mean the
annual meeting required by law to be held in the month of February,
March or April.
G. S. 3, § 7, cl. 4. P. S. 3, § 3, cl. 6. R. L. 8, § 5, cl. 1.
Third, "Assessor" shall include any selectman acting as assessor and
any person chosen in accordance with law to perform the duties of an
assessor.
Fourth. [Repe.\led, 1921, 486, § 1.]
Fifth, "Charter", when used with reference to cities or towns, shall 13
include any special act or provision relating thereto. 14
Sixth, "City solicitor" shall inclutle the head of the legal department 15
of a city or town. IG
Seventh, "District", when applied to courts or the justices or other 17
officials thereof, shall include municipal. 18
9
10
11
12
Chap. 4.] statutes. Ill
19 Eighth, "Dukes", "Dukes county" or "county of Dukes" shall mean "Dukes
20 the county of Dukes county. °°"° y . e c.
21 Ninth, "Fiscal year", when used with reference to the commonwealth "Fiscal year"
22 or any of its offices, departments, boards, commissions or institutions, mrmweau™'
23 shall mean the year beginning with December first and ending with the Ig^l; J^i; | };
24 following November thirtieth, both inclusive. i9i8;257;5476.
1919, 5. 1920, 2.
25 Tenth, "Gaming", "illegal gaming" or "unlawful gaming" shall "f„l'^^j'^"-
26 include every act punishable under any law relative to lotteries, policy m^™|'^^^,(J,
27 lotteries or policy, the buying and selling of pools or registering of bets, gaming".
1895, 419, § 1. R. L. S, § 5, cl. 2. 241 Mass. 319.
2S Eleventh, "Grantor" may include every person from or by whom a "Grantor" and
29 freehold estate or interest passes in or by any deed; and "grantee" may ji'i%'^\ b,
30 include every person to whom such estate or interest so passes. G.s.'3f§'7,^i.\
p. S. 3. § 3, cl. 7. 5 Mass. 438. 165 Mass. 359.
R. L. S, § 5, cl. 3. 5 Cush. 359.
31 Twelfth, "Highway", "townway", "public way" or "way" shalP" Hie'»™y "•
32 include a bridge which is a part thereof. R- s. 2, § e, ci. 6.
G. S. 3, § 7, cl. 6. P. S. 3, § 3, cl. 8. R. L. 8, 5 5, cl. 4.
33 Thirteenth, " In books", when used relative to the records of cities and "in books".
34 towns, shall not prohibit the making of such records on separate leaves,
35 if such leaves are bound in a permanent book upon the completion of a
36 sufficient number of them to make an ordinary volume.
37 Fourteenth, "Inhabitant" may mean a resident in any city or town, "inhabitant".
Const, pt 2, c. 1, 5 2, art. 2. G. S. 3, § 7. cl. 7. 6 Allen, 423.
(Const. Rev. art. 46.) P. S. 3, § 3. cl. 9. 122 Mass. 594.
R. S. 2, § 6, cl. 7. R. L. 8, § 5, cl. 5. 260 Mass. 562.
38 Fifteenth, "Insane person" and "lunatic" shall include every idiot, "J^" „"„"? ^nd
39 non compos, lunatic and insane and distracted person. lunatic".
R. S. 2. § 6, cl. 8; G. S. 3, § 7, cl. 8. R. L. 8. § 5, cl. 6.
79, § 34. P. S. 3, § 3. cl. 10. 194 Mass. 486.
40 Sixteenth, "Issue"^ as applied to the descent of estates, shall include "We".
41 all the lawful lineal descendants of the ancestor. ci.'giei, §13.
G.S. 3, §7, cl.9. P. S. 3, § 3, cl. 11. R. L. 8, § 5, cl. 7. 140 Mass. 267.
42 Seventeenth, "Land", "lands" and "real estate" shall include lands, "Land;;,
43 tenements and hereditaments, and all rights thereto and interests therein; "rtai estate".
44 and " recorded ", as applied to plans, deeds or other instruments affecting r^|™2'^^'^§'^6, '
45 land, shall, as afl'ecting registered land, mean filed and registered. f-^l°'' ^°'
G. S. 3, § 7, cl. 10. 120 Mass. 157. 243 Mass. 129.
P. S. 3, § 3, cl. 12. 138 Mass. 376. 3 Op. A. G. 34.
R. L. 8, § 5, cl. 8. 155 Mass. 505.
46 Eighteenth, "Legal holiday" shall include January first, February "Legal
47 twenty-second, April nineteenth. May thirtieth, July fourth, the first isse.^ns. § i.
48 Monday of September, October twelfth, November eleventh, Thanks- ^ggt,?!.^^'*'
49 giving day and Christmas day, or the day following when any of the five ^si2.%^ ^*'
50 days first mentioned, October twelfth, November eleventh, or Christmas {ss^, 263. ^ ^
51 day occurs on Sunday; and the public offices shall be closed on all of is9fi: 162' § 1.
52 said days. <^'- 9-
1910. 473. 1916, 104, 5 1- 271 Mass. 323.
1911, 136. 192S, 235. 3 Op. A. G. 467.
53 Nineteenth, "INIonth" shall mean a calendar month, except that, ;;Month"and
64 when used in a statute providing for punishment by imprisonment, one r^s'2,§6,
112
STATUTES.
[CH-IP. 4.
§7,
G. S. 3.
cl. 11.
P. S. 3, § 3,
cl. 13.
"month" or a multiple thereof shall mean a period of thirty days or the 55
corresponding multiple thereof; and "year", a calendar year. 56
"Net
indebtedness".
1875, 209. §§ 6,
10.
1880. 32.
P. S. 29,
§5 2, 3.
1883, 127.
"Oath".
R. S. 2, § 6,
ol. 12.
"Ordinance"
G. S. 3. § 7,
cl. 21.
"Person" and
"whoever".
R. S. 2, § 6,
cl. 13.
" Place".
"Preceding"
and "follow-
ing".
R. S. 2, § 6,
cl. 14.
G. S. 3, § 7.
cl. 14.
"Public^
records".
1897. 439. § 1.
R. L. 35. § 5.
1928. 192. § 3.
197 Mass. 218.
256.
214 Mass. 254.
218 Mass. 501.
224 Mass. 6.
253 Mass. 430.
2 Op. A. G.
381.
3 Op. A. G.
122, 136, 351.
"Salary".
"Savings
banks".
"Spendthrift".
R. S. 79. § 34.
G. S. 3, § 7,
cl. 8.
P. S. 3, § 3,
cl. 20.
"State" and
"United
States".
R. S. 2. 5 6,
cl. 16.
G. S. 3. 5 7.
cl. 16.
R. L. 8. §5. cl. 11.
19 Pick. 532.
14 Grav. 37.
217 Mass. 520.
Op. A. G. (1918) 58.
Twentieth, "Net indebtedness" shall mean the indebtedness of a 57
county, city, town or district, omitting debts created for supplying the 58
inhabitants with water and other debts exempted from the operation of 59
the law limiting their indebtedness, and deducting the amount of sinking 60
funds available for the payment of the indebtedness included. 61
cl. 2. f;
1894. 317. § 21.
522. § 34, cl. 4.
1895. 164,
R. L. 8. § 5. cl. 12.
Twenty-first, "Oath" shall include affirmation in cases where by law 62
an affirmation may be substituted for an oath. 63
G. S. 3, § 7, cl. 12. P. S. 3, 5 3, cl. 14. R. L. 8, § 5, cl. 14.
Twenty-second, "Ordinance", as applied to cities, shall be synonymous 64
with by-law.
P. S. 3, 5 3, cl. 15.
Twenty-third, "Person" or "whoever"
societies, associations and partnerships.
R. L. 8, 5 5, cl. 15.
shall include corporations,
65
66
67
G. S. 3, § 7, cl. 13.
P. S. 3, § 3. cl. 16.
R. L. 8. § 5. cl. 16.
3 Cush. 25.
4 Cush. 588.
6 Cush. 477.
12 Cush. 54.
8 Grav. 509.
8 Allen. 207.
118 Mass. 354.
153 Mass. 42.
206 Mass. 417.
209 Mass. 38.
Twenty-fourth, "Place" may mean a city or town.
G. S. 3, § 7. cl. 18.
P. S. 3, § 3, cl. 17.
R. L. 8. § 5. cl.
11 Gray, 81.
211 Mass. 561.
214 Mass. 79.
220 Mass. 42.
243 Mass. 94.
246 Mass. 235.
4 Op. A. G. 342.
102 Mass. 214.
68
69
70
71
72
Twenty-fifth, "Preceding" or "following", used with reference to any
section of the statutes, shall mean the section last preceding or next
following, unless some other section is expressly designated in such
reference.
p. S. 3, § 3, cl. 18. R. L. 8, 5 5, cl. 18.
Twenty-skth, "Public records" shall mean any written or printed 73
book or paper, any map or plan of the commonwealth, or of any county, 74
city or town which is the property thereof, and in or on which any entry 75
has been made or is required to be made by law, or which any officer or 76
employee of the commonwealth or of a county, city or town has received 77
or is required to receive for filing, and any book, paper, record or copy 78
mentioned in sections five to eight, inclusive, and sixteen of chapter 79
sixty-six, including public records made by photographic process as 80
provided in section three of said chapter. 81
Twenty-seventh, "Salary" shall mean annual salary. _ 82
Twenty-eighth, "Savings banks" shall include institutions for savings. 83
R. L. 113, § 10. 1908. 590. §§ 1. 69.
Twenty-ninth. [Repealed, 1929, 377, § 1.] 84
Thirtieth, "Spendthrift" shall mean a person who is liable tobe put 85
under guardianship on account of excessive drinking, gaming, idleness 86
or debauchery. °'
R. L. 8. § 5. cl. 20.
Thirty-first, "State", when applied to the difi"erent parts of the 88
United States, shall extend to and include the District of Columbia and 89
the several territories; and the words "United States" shall include 90
said district and territories. 9^
p. S. 3. § 3, cl. 21. R. L. 8, § 5. cl. 21.
ClIAP. 4.] STATUTES. 113
92 Thirty-second, "State auditor" and "state secretary" shall mean "state audi-
93 respectively the auditor of the commonwealth and the secretary of the secretary* "
94 commonwealth. " State treasurer " or " treasurer of the commonwealth " trclsu^er"
95 shall mean the treasurer and receiver general as used in the constitution '^^''' ^^*'
96 of the commonwealth, and shall have the same meaning in all contracts,
97 instruments, securities and other documents.
98 Thirty-third, "Swear" shall include affirm in cases in which an af- "Swear".
99 firmation may be substituted for an oath. When applied to public c.°6,Vrt. i. '
1(10 officers who are required by the constitution to take oaths therein pre- amend. 6.
101 scribed, it shall refer to those oaths; and when applied to any other ^^"Tlg.f''''
102 officer it shall mean sworn to the faithful performance of his official ^8®i2^'2o'''
103 duties. ps/ §1.
R. L. S, § 5, cl. 22. "'• ■'^■
104 Thirty-fourth, "Town", when applied to towns or officers or em- "Town".
105 ployees thereof, shall include city. ci. fi^' ^'
G. S. 3. § 7, cl. 17. 148 Mass. 148. 251 Mass, 82.
P. S. 3, § 3, cl. 23. 153 Mass. 40. 270 Mass. 185.
R. L. 8, §5. cl. 23. 187 Mass. 1.50. 272 Mass. 547.
140 Mass. 381. 191 Mass. 78.
106 Thirty-fifth, "Valuation", as applied to a town, shall mean the valua- "Valuation".
107 tion of such town as determined by the last preceding apportionment
108 made for the purposes of the state ta.x.
109 Thirty-si.\th, "Water district" shall include water supply district. dSricr
110 Thirty-seventh, "Will" shall include codicils. "Win".
R. S. 2. § 6, cl. 18. P. S, 3. § 3. cl, 24. 5 Cush. 245.
G. S. 3, § 7, cl. 19. R. L. 8, § 5, cl. 24.
111 Thirty-eighth, "Written" and "in writing" shall include printing, en- "W"-i".<'n",and
112 graving, lithographing and any other mode of representing words and r. .s. 2, §6,'
113 letters; but if the written signature of a person is required by law, it g. s 3, §7,
114 shall always be his own handwriting or, if he is unable to write, his p |°3 §3
115 mark. '='-25'
R. L. 8, 5 5, cl. 25. 157 Mass. 439. 229 Mass. 435.
9 Pick. 312. 210 Mass. 588. 4 Op. A. G. 316.
116 Thirtv-ninth, "Annual election", as applied to municipal elections in ''Annual
117 cities holding such elections biennially, shall mean biennial election. to cities '
„, „ holding munici-
1924, 3G0. pal elections
biennially.
118 Fortieth, "Surety" or "Sureties", when used with reference to a "Surety" or
119 fidelity bond of an officer or employee of a county, city, town or district, wkh reference
120 shall mean a surety company authorized to transact business in the deiity'bSids'
121 commonwealth. i924,404, §i.
122 Fortv-first, "Population", when used in connection with the number "Population",
* With rBi^rcncc
123 of inhabitants of a county, city, town or district, shall meati the popu- to inhabitants
124 lation as determined by the last preceding state or national census. 1931, 426,' §127.
125 Forty-second, "Court", when used in provisions applicable to both "Court". when
126 district courts and trial justices, shall include trial justice. triaUustice.
1931, 426, § 127.
1 Section 7A. [Inserted, 1922, 151, § 1; amended (into a special act),
2 1931, 394, § 182.]
[Note. — The substance of this section has been inserted, by specific amendments, in
the various sections of the General Laws to which it was applicable, and it has been trans-
formed into a special act.]
1 Section 8. In construing any special act authorizing a city, town or construction
2 district to incur indebtedness for a specified purpose to a limited amount, actTIutllor-
114
STATUTES.
[Chap. 4.
izing
indebtedness.
1913, 64S.
1926, 56.
such limitation of amount shall be deemed to apply only to the indebted- 3
ness authorized by the special act, and not to affect any other power 4
which the city, town or district may have to incur indebtedness for 5
said purpose under any other provisions of law; and in special acts 6
autliorizing loans to be payable by proportionate payments, such pro- 7
vision shall be construed to mean payments as nearly equal in amoimt 8
as is possible without unreasonable fractions, but no payment of the 9
principal shall be greater than any preceding payment. 10
Performance
of certain acts
on day after
Sunday or
legal holiday.
1007, 204.
262 Mass. 39.
264 Mass. 475.
271 Mass. 323.
Section 9. Except as otherwise provided, when the day or the last 1
day for the performance of any act, including the making of any pay- 2
ment or tender of payment, authorized or required by statute or by 3
contract, falls on Sunday or a legal holiday, the act may, unless it is 4
specifically authorized or required to be performed on Sunday or on a 5
legal holiday, be performed on the next succeeding business day. 0
Section 9A. In anv written instrument, a recital that such instru-
Unsealed
instruments, i i p i ■ • i
«_hen given mcut is scalcd by or bears the seal oi the person signing the same or is
instruments, givcu Under thc hand and seal of the person signing the same, or that
i93i',426,'§i28. such instrument is intended to take effect as a sealed instrument, shall
be sufficient to give such instrument the legal effect of a sealed instru-
ment without the addition of any seal of wax, paper or other substance
or any semblance of a seal by scroll, impression or otherwise; but the
foregoing shall not apply in any case where the seal of a court, public
office or public officer is expressly required by the constitution or by
statute to be affixed to a paper, nor shall it apply in the case of certifi- 10
cates of stock of corporations. The word "person" as used in tliis 11
section shall include a corporation, association, trust or partnership. 12
Impression,
etc, of certain
seals upon
documents
without use
of wax or
wafers.
1931. 426, § 129.
Daylight
saving.
1920, 280,
§§2,3.
1921, 145.
Section 9B. The impression or stamping of the established seal of
a court, public office, public officer or corporation upon a paper shall
be taken and held to be the seal of such court, public office, public
officer or corporation, and valid in law to the same extent that an im-
pression of such seal would be if made on wax or wafer attached to such
paper.
Section 10. At two o'clock ante-meridian of the last Sunday in
April of each year, the standard time in this commonwealth shall be
ad\anced one hour, and at two o'clock ante-meridian of the last Sunday
in September of each year the standard time in this commonwealth shall,
by the retarding of one hour, be made to coincide with the mean astro-
nomical time of the degree of longitude governing the zone wherein the
commonwealth is situated, the standard official time of which is described
as United States standard eastern time, so that between the last Sunday
of April at two o'clock ante-meridian and the last Sunday in September
at two o'clock ante-meridian in each year the standard time in this
commonwealth shall be one hour in advance of the United States stand-
ard eastern time. And in all laws, .statutes, orders, ilecrees, rules and
regulations relating to the time of performance of any act by any officer
or department of the commonwealth, or of any county, city, town or
district thereof, or relating to the time in which any rights shall accrue
or determine, or within which any act shall or shall not be performed by
any person subject to the jurisdiction of the commonwealth, and in all
1
2
3
4
5
6
1
2
.">
o
4
5
6
^
t
8
9
10
11
12
13
14
15
16
17
Chaps. 4, 5.] statutes, printing and distribution ok laws, etc.
115
IS the public schools and in all institutions of the commonwealth, or of
19 any county, city, town or district thereof, and in all contracts or choses
20 in action made or to be performed in the conunonwcalth, it shall be
21 understood and intended that the time shall be United States standard
22 eastern time as changed by this section.
1 Section 11. Marginal references to statutes shall refer to general Marginal
2 acts, unless otherwise expressly noted.
references.
CHAPTER 5.
PRINTING AND DISTRIBUTION OF LAWS AND PUBLIC DOCUMENTS.
Sect.
printing and distribution of laws.
1. Supervision of state printing. Distri-
bution. Contracts.
2. Annual publication of the laws.
3. Annual distribution of the laws.
4. Pamphlet edition of the laws.
5. [Repealed.]
PRINTING AND DISTRIBUTION OF DOCU-
MENTS, ETC.
6. Publication of annual reports as public
documents.
7. Distribution of public documents.
8. Official text books, case books and
technical reports. Determination;
distribution.
9. Preservation, printing and distribution
of copies of proceedings of Massachu-
setts departments of certain war
veterans' organizations.
Sect.
10. Printing and distribution of journals
of each branch of general court,
etc.
Manual of the general court. Prepa-
ration and distribution.
Bulletins of committee hearings.
Legislative documents to be mailed to
subscribers.
Books, etc., to be furnished to towns
and cities.
Same subject. Insurance.
Distribution of laws, etc., to members
of the general court.
Delivery charges on documents.
Purchase and distribution of books con-
taining portraits of members of gen-
eral court, etc.
11
12.
13.
14
PRINTING AND DISTRIBUTION OF LAWS.
1 Section 1. The division of personnel and standardization shall
2 supervise the state printing and all publications by the commonwealth
3 shall be printed under its direction; provided, that the foregoing pro-
4 visions shall not apply to legislative printing or to publications required
5 to be issued by the state secretary under the three following sections, or
6 under chapter ninety of the resolves of nineteen hundred and twenty or
7 any other special provision of law. All publications by the common-
8 wealth shall be distributed under the direction of the state secretary
9 unless otherwise provided.
10 The commission on administration and finance shall from time to time
11 make such contract or contracts for the printing and binding for the
12 several departments of the government of the commonwealth as it
13 deems advisable, subject to the approval of the governor and council.
14 It shall take into consideration the circumstances and facilities of the
15 several bidders for the work as well as the terms offered; it may reject
16 any bids received, and it shall award contracts to such person or persons
17 as in its judgment the interests of the commonwealth may require, and it
18 shall execute the contract or contracts in the name and behalf of the
Supervision of
state printing.
Distribution.
Contracts.
1893, 287.
1894, 393, § 14.
1896, 248.
R. L. 9, 5 14.
1923, 362, § 5;
493.
116
PRINTING AND DISTRIBUTION OF LAWS AND DOCUMENTS. [ChAP. 5.
commonwealth. Bonds satisfactory to the said commission shall be 19
given by the parties to whom contracts are awarded, to secure the faitiiful 20
performance of such contracts. 21
Annual
publication
of the laws.
Const., pt. 2,
c. 6. art. 11.
(Const. Rev.
arts. 157, 158.)
1811, Res. 76.
R. S. 2, § 1.
1839, Res. 83.
1851, 256, §4.
G. S. 3, § 1.
1865, 156.
1866, 65, § 1.
1876, 178.
1877, 248, § 3.
1878, 264, § 3.
1880, 193, 5 3.
1881, 293, § 3.
P. S. 4, § 1.
1882, 238.
18S4, 166, § 1.
1885, 369, I 2.
1889, 440, 5 1.
1894, 393, § 1.
R. L. 9, § 1.
1910, 483.
1914, 449,
§S 1.2.
1918. 151, ., -
1919, 137, § 1
1924, 462.
215 Mass. 57.
(Const. Rev.
arts. 76-107.)
1.
Section 2. The state secretary shall, at the close of each regular 1
session of the general court, collate and cause to be printed in a single 2
volume the following: 3
(1) All acts and resolves passed at such session. 4
(2) All amendments to the constitution referred at such session to 5
the next general court and all such amendments acted upon at such 6
session and to be submitted to the people at the next state election. 7
(3) All acts and resolves passed at any special session of the general 8
court, except a general revision of the statutes, and not theretofore 9
published in any preceding annual volume. 10
(4) In the volume of the year immediately following a state election, 11
all laws and constitutional amendments adopted by the people at said 12
election, with the aggregate vote thereon, both affirmative and negative, 13
arranged in such detail as the secretary may determine. 14
(5) A statement in bold type at the conclusion of each law as printed, 15
or in a postscript at the end of the volume with a suitable reference to 16
each law, as to which a petition asking for a referendum thereon has 17
been filed prior to the publication of the volume, with a sufficient number 18
of signatures to procure its submission to the people, together with a 19
recital of the pertinent provisions of article forty-eight of the amend- 20
ments to the constitution. 21
(6) In the volume of the year immediately following a state election, 22
a statement showing what acts of the general court were submitted to 23
the people at said election, with the total vote, affirmative and negative, 24
on each measure, with a specific reference to such laws of the general 25
court as have been so rejected. 26
(7) A table of changes in the general statutes and an index, to be 27
prepared as provided in section fifty-one of chapter three. 28
§3.
§3.
§4.
I 1.
.|2.
§2.
.\nnual
distribution
of the laws.
R. S. 2, § 2.
G. S. 3, § 2.
1866, 65, § i
1872, 329.
1877, 248,
1878, 264,
1880, 193,
1881, 293,
§§3,4.
P. S. 4, § 2.
1884, 166, 5
1885, 369,
1889, 440,
1893, 108.
1894, 393, § 2.
1895, 238; 250.
1899, 336.
R. L. 9, § 2.
1904, 209.
1905, 173;
443; 597, § 1.
1909, 50; 147;
504, § 98.
1910, 80.
1911, 181;
667.
1912, 109;
144.
1913, 392.
1917, .Sp. 123.
1919, 350,
§§52, 54, 99,
100.
Section 3. The state secretary shall determine the number of copies, 1
not exceeding eleven thousand five hundred, of said volume required to 2
be printed each year and shall, immediately after their publication, dis- 3
tribute such copies as follows: 4
To the clerk of the senate, for the use of the senate, twelve; 5
To the counsel to the senate, four; 6
To the clerk of the house of representatives, for the use of the house, 7
twenty-four ; 8
To the counsel to the house of representatives, four; 9
To each member of the general court and to the clerks of each branch 10
thereof, two; and to each assistant clerk thereof, one; 11
To the state library, twenty-five; 12
To the governor, the lieutenant governor, the members of the executive 13
council, the private secretary to the governor, the attorney general and 14
his assistants, the adjutant general, every permanent state department, 15
board and commission having an office and clerk and to such divisions 16
thereof as in the opinion of the secretary require a copy for ofiicial use, 17
the senators and representatives in congress from the commonwealth, 18
the justices, clerks and registers of courts, such assistant clerks of courts 19
for ofiicial use as the state secretary may designate, the reporter of 20
CllAI'. 5.] PRINTING AND DISTRIBUTION OF LAWS AND DOCUMENTS. 117
21 decisions, district attorneys, county commissioners, county treasurers, 1922, los. 5 1.
22 registers of deeds, medical examiners, siieriffs, city and town clerks, city
23 treasurers, city auditors, town treasurers and town auditors of towns
24 having a population of over twenty-five thousand as determined by the
25 last preceding state or national census, the warden of the state prison,
20 the superintendent of the Massachusetts reformatory, the superintendent
27 of the reformatory for women, keepers of jails and houses of correction,
28 superintendents of state hospitals, superintendents of the Lyman and
29 industrial schools, superintendents of the state infirmary and the state
30 farm, Har\ard University and all incorporated colleges within the
31 commonwealth, the Massachusetts Historical Society, the New England
32 Historic Genealogical Society, the Boston Athenaeum, the American
33 Antiquarian Society in Worcester, the state normal schools, such free
34 public libraries and branches thereof in the commonwealth as the state
35 secretary may designate, county law libraries, all incorporated law li-
36 braries. and branch libraries maintained by them, veteran organizations
37 having headquarters in the state house, the justices of the supreme court
38 of the United States, the judges and clerks of the United States circuit
39 court of appeals and district court for the district of Massachusetts, one,
40 each; to the clerks of the supreme judicial court and the superior court,
41 a number sufficient to supply two copies at each place where regular or
42 adjourned sessions of said com-ts are held;
43 To the state secretary for distribution to schools, societies and in
44 certain important cases not otherwise provided for by law, one hundred;
45 To the secretary of state of the United States, and to the secretary of
46 state of each of the United States for the use of such states, such number
47 not exceeding four in each case, as such officials may request;
48 To the library of congress, three;
49 To the justices or clerks of district courts, upon application in writing
50 therefor, a number sufficient to supply not more than two copies for
51 each court room where sessions of said courts are held;
52 To associate or special justices, trial justices, masters in chancery,
53 assistant registers of deeds, assistant registers of probate, assistant
54 clerks of courts not otherwise provided for, justices of the peace to issue
55 warrants and take bail, assistant district attorneys, members of state
56 departments, boards and commissions, associate medical examiners,
57 town treasurers and town auditors in towns not otherwise provided for,
58 boards of town officials elected by the voters of their respective towns for
59 the use of such towns, free public libraries not otherwise provided for,
60 high schools and common schools in towns having no high school, upon
61 application in writing therefor prior to February first next following the
62 printing of said volume, one, each;
63 To each member of the general court ten, and upon application in
64 writing filed prior to June first next following the printing of said volume,
65 ten additional copies.
66 To each member of the general court at the session next following the
67 passage of the acts and resolves in said volume, one copy, to be delivered
68 at the beginning of such session.
69 After making the foregoing distribution or making provision therefor,
70 the state secretary may sell copies at such price per copy, not less than
71 the cost of printing, binding and paper, as shall be fixed by him.
1 Section 4. The state secretary shall also, at the close of each regular Pamphlet
2 session of the general court, publish in pamphlet form such number of tbdaws.
118
PRINTING AND DISTRIBUTION OF L.\WS AXD DOCUMENTS. [ClIAP. 5.
1847,
1850,
G. S.
1865,
1866,
1877,
1878,
1880,
1881,
P. S.
1889,
440.
1894.
R. L.
1904.
1908,
1912,
1922,
Res. 88.
Res. 89.
3, §3.
156.
65, S 3.
248, § 3.
264. § 3.
193. § 4.
293, § 3.
4, §3.
. 212;
§3.
393, § 3.
9. §3.
209.
474, § 1.
61. I 1.
198, § 2.
copies, not exceeding twenty thousand, as he may determine, of the acts 3
and resolves passed and of any proposed amendments to the constitu- 4
tion passed during such session, and shall at his discretion apportion said 5
copies, excepting one thousand which he may reserve in his office for 6
general distribution, among the clerks of the several towns, to be de- 7
livered by them to such inhabitants thereof as apply therefor. 8
He shall also, as soon as any act or resolve is passed, send a copy 9
thereof to the following: each state department, officer, board or com- 10
mission whose duties are affected by any such act or resolve, the clerks 11
of the several towns, for the use of the inhabitants thereof, the justices, 12
clerks and registers of courts, district attorneys, sheriffs, trial justices, 13
justices of the peace authorized to issue warrants and take bail, county 14
law libraries, and all incorporated law libraries and branch libraries 15
maintained by them. He may also send copies to such persons as apply 16
therefor, charging not less than the cost thereof. 17
Section 5. [Repealed, 1931, 426, § 130.]
PublicatioQ
of annual
reports as
public
documents.
1857, 40, § 2.
G. S. 4, § 2.
1863, 219.
1876. 178.
1877. 248,
§§ 1. 5.
1878,204, § 1.
1880, 193, § 1.
Distribution
of public
documents.
1857, 40, § 9.
G. S. 4, § 8.
1877, 248,
§§ 2, 4.
1878, 264. § 2.
1880, 193. § 2.
1881, 293, § 2.
P. S. 4,
5§ 8, 10.
1889, 440. 5 8.
1894. 393. § 8.
R. L. 9. § 8.
1908, 422.
1914, 291,
§ 2; 336.
1918, 202.
1919, 350,
§24.
PRINTING AND DISTRIBUTION OF DOCUMENTS, ETC.
Section 6. All reports required to be made by permanent state
departments, officers and commissions shall, except as otherwise pro-
vided, be printed annually before the assembling of the general court,
or as soon thereafter as j)ossible. They shall be numbered in a series
to be called public documents. The division of personnel and standard-
ization shall designate the number of copies of each report to be printed,
and none additional shall be printed at the expense of the commonwealth.
1881. 293. § 1. 1902, 228, § 8; 269; 438, § 7.
P. S. 4. § 7. 1903, 390.
1885, 369. 1904, 388; 410.
1889, 440, § 7. 1905, 138; 275.
1894, 393, § 7. 1908, 444; 459; 462, §§ 3-5; 523.
1896, 258. 1909, 67; 371. § 3.
1897,243. 1910,83; 179; 236; 300; 393;
1901, 2.57. 429, § 2; 514; 599.
R. L. 9, § 7. 1911, 74; 446; 526, § 2.
1913, 132; 295; 329; 3.58; 59.5, § 3.
1914, 91, §2; 291; 374; 533; 575; 656.
1915, 149.
1916, 233, I 2; 296, § 1.
1917, 60.
1918, 189; 257. §9.
1919, 5.
1920, 2.
1923, 362, 5 6.
[For Btatutea prior to the R. L. stating the number of copies of reports to be printed, see R. L. 9, § 7. J
1
Section 7. The state secretary shall furnish to each town of the
commonwealth, to be preserved in a public place therein, one copy of each
of such reports included in the public document series as the town clerk
may apply for. He shall furnish one copy of each of said reports to such
public and other libraries as may apply therefor. If the supervisor of
public records shall report to the state secretary that such town is unable
to make suitable provision for the care and use of the documents, he may
discontinue sending them to such town. Each member of the general
court and of the executive department, the clerk of each branch of the
general court and each reporter assigned to either branch may, upon a 10
written request signed by him and delivered to the state secretary, 11
receive a copy of any such document. Ten copies shall be placed in the 12
state library for the use of the library aiul for exchange. 13
Official text
books, case
books and
technical
reports.
Determination;
distribution.
1916, 296, § 5.
1918, 175.
1923, 3(12, § 7.
1924, 492, § 2.
Section 8. When in the opinion of the director of the division of 1
personnel and standardization, a state publication is not of sufficient 2
public benefit to be distributed free of charge, he may declare such 3
publication to be an official text book, case book or technical report; 4
provided, that the status of such publication has not already been de- 5
termiiied by the general court. An appeal from the decision of the di- 6
Ch.\.P. 5.] PRINTING AND DISTRIBUTION OF LAWS AND DOCUMENTS. 119
7 rector shall lie to the committee of the executive council appointed to
8 consider matters of finance, whose decision shall be final. Text books,
9 case books or technical reports shall be distributed exclusively by the
10 state secretary. They shall be distributed free of charge, but only upon
11 written request, to such persons and in such numbers as are mentioned
12 in the preceding section, or for the purpose of exchange with other
13 states; provided, that a number of copies, not to exceed one hundred, of
14 such text books, case books or technical reports, may be retained by the
15 state secretary for free distribution to state departments, or otherwise
16 as he may deem necessary. They may be delivered to other persons
17 only upon receipt of a sum equal at least to the estimated cost thereof,
18 as determined by the comptroller.
1 Section 9. The state secretary shall annually procure copies of the Preservation,
2 proceedings of the annual encampments of the departments of Massa- dCuibutfon of
3 chusetts. Grand Army of the Republic, United Spanish War Veterans, p^Swedfngsof
4 The American Legion and Veterans of Foreign Wars of the United JJ^lft'^.^n^'^"'
5 States, held in that year, with the general and special orders, circulars "'j.™/^*^? "^^
6 and other papers forming parts thereof, and shall cause the same to be organizations.
7 kept as parts of the records of the commonwealth. He shall annually lois! 175!
8 cause copies thereof, including in the case of those relating to the Grand 1920! 290.
9 Army of the Republic the portraits of the department officers and staff ^^^*' ^^^'
10 and of the executive committee of the national encampment, to be
11 printed and bound; and shall cause one printed and bound copy of
12 each to be sent to each town library in the commonwealth. He shall also
13 send one copy of each volume relating to the Grand Army of the Re-
14 public to each Grand Army post, one copy of the volume relating to the
15 United Spanish War Veterans to each camp of Spanish War Veterans,
16 one copy of the volume relating to The American Legion to each post of
17 The American Legion, and one copy of the volume relating to the Vet-
18 erans of Foreign Wars to each post of the Veterans of Foreign Wars of
19 the United States, in the commonwealth. He shall cause the other
20 copies of each to be distributed in the same manner as the annual report
21 of the state secretary.
1 Section 10. One thousand copies of the journals of the senate and P""?!"*; ''"<' ,
1 11 I • 1 n 111- distribution of
2 of the house 01 representatives shall be prmted annually under the di- journals of
3 rection of the respective clerks thereof; and, unless the general court general court,
4 shall otherwise order, twelve hundred copies of the lists of members 1877, 248, § 4.
5 and committees shall be printed annually under the joint direction of Jfgo' 193' \ *
6 said clerks. ifa^'f »•
4.
7 The foregoing publications shall, under the direction of said clerks, p- s. 4^^
8 be distributed as follows: one copy to each member of the general issi. iw.
9 court, to each member of the executive department, to the clerk and 440. '5 §9.' 10.
10 assistant clerk of each branch of the general court, and to each reporter §§9,' 10. '
11 who is entitled to the privileges of the reporters' gallery in either branch; ^j ^ f(j
12 and ten copies to the state library for use therein and for exchange. i9i9. 24.
13 The state secretary shall send to the members of the general court the
14 journals to which they are entitled under the provision of this section,
15 and he shall also send one copy of said journals to each free public library
16 in the commonwealth.
17 The remaining copies of the foregoing publications shall be distributed
18 at the discretion of the clerks of the two branches, preference being
19 given to the members of the general court and to state officers.
120
PRINTING AND DISTRIBUTION OF LAWS AND DOCUMENTS. [ChaP. 5.
Two thousand copies of the governor's annual address shall be printed, 20
of which fifteen hundred shall be for the general court and five hundred 21
for the governor. 22
Manual of
the general
court.
Preparation
and distribu-
tion.
1876, 178.
1877, 248, 5 3.
1878, 264, § 3.
18S0, 193,
§§ 3, 4.
1881, 293,
§§ 3, 4.
P. S. 4,
§§9. 10.
1883, 55.
1885, 369. § 3.
1888, 85.
1889, 32.
1891, 292.
1894, 393,
5§ 9, 10.
1901, 210.
R. L. 9. 5 10.
1910, 121.
1922, 319.
1924, 492, 5 3.
1927, 264.
Section 11. The clerks of the two branches shall in every odd- 1
numbered year prepare a manual for the general court, of which not more 2
than ten thousand five hundred copies shall be printed under their di- 3
rection. These copies shall be delivered to the state secretary and by 4
him distributed, so far as the edition will permit, as follows: 5
To the clerk of the senate, thirty; 6
To the counsel to the senate, four; 7
To the clerk of the house of representatives, thirty; 8
To the counsel to the house of representatives, four; 9
To each member of the general court, fi\'e, and upon written appli- 10
cation an additional number, not exceeding twenty -five; 11
To the assistant clerk of each branch of the general court, thirty; 12
To the state library, sixty; 13
To the governor, the lieutenant governor, the members of the execu- 14
tive council, the private secretary to the governor, the attorney general 15
and his assistants, the senators and representatives in congress from the 16
commonwealth, the justices, clerks and registers of courts, such assistant 17
clerks of courts as the state secretary may designate, the reporter of 18
decisions, district attorneys, county commissioners, county treasurers, 19
registers of deeds, medical examiners, sheriffs, city and town clerks, in- 20
stitutions under the supervision of the state departments of correction, 21
education, mental diseases, public health and public welfare. Harvard 22
University and all incorporated colleges within the commonwealth, the 23
Massachusetts Historical Society, the New England Historic Genealogical 24
Society, the Boston Athenaeum, the American Antiquarian Society in 25
Worcester, such free public libraries and branches thereof in the com- 26
monwealth as the state secretary may designate, and to such other free 27
public libraries in the commonwealth making written application there- 28
for, county law libraries, all incorporated law libraries in the common- 29
wealth and branch libraries maintained by them, and to veteran organ- 30
izations having headquarters in the state house, one, each; 31
To associate and special justices, assistant clerks of courts not other- 32
wise provided for, and to reporters entitled to the privileges of the re- 33
porters' gallery in either branch of the general court, upon written appli- 34
cation, one, each; 35
To each state department, board and commission, one, and upon 36
written application an additional number, not exceeding five, for official 37
use in such department, board or commission; 38
To the state secretary for distribution not otherwise provided for, 39
fifty; 40
Three hundred copies to the sergeant-at-arms to be reserved under 41
the direction of the clerks of both branches for the use of the general 42
court at its next annual session and three hundred copies for the use of 43
the next succeeding general court. 44
After making the foregoing distribution or making provision therefor, 45
the state secretary shall place copies of the manual on sale to the general 46
public at twenty-five cents per copy. After December thirty-first of 47
each even-numbered year copies of the manual remaining on hand may 48
be distributed by the state secretary without charge. 49
("lIAP. 5.] PRINTINC; AND DISTRIBUTION OF LAWS AND DOCUMENTS. 121
1 Section 12. The committees on rules of the two branches, acting Bulletins of
2 concurrently, shall publish during each regular session of the general hearings!"
3 court bulletins of committee hearings, and shall appoint the editor 1909; r™: s!
4 thereof and fix his compensation. The chairman of either of said com- igsJ.'^a^J.jiai.
5 mittees shall ajsprove bills for editing and printing said bulletins l)efore
6 they are sent to the comptroller for allowance. On receipt of two dollars
7 from each applicant therefor the sergeant -at-arms shall mail to him
8 copies of these bulletins.
1 Section 13. The sergeant-at-arms shall, as soon as they are pub- Legislative
2 lished, mail copies of all printed and numbered bills, resolves and other brmal!e(iVo°
3 documents pending before committees of the general court, to towns and i9ol''"ieT2.
4 persons who subscribe therefor and pay in advance the sum of ten }gjj' ^^- ^■
5 dollars. The money received under this and the preceding section shall i^'**' 59-
6 be paid monthly to the commonwealth.
1 Section 14. The state secretary shall furnish to every town the re- Booka, etc,
2 ports of the decisions of the supreme judicial court from time to time, as to towns an/
3 published, and shall furnish to every town hereafter incorporated a full iwfliso, 5 1.
4 set of said decisions, the index-digest thereof, a copy of the General fssi, ns/^'
5 Laws, and copies of all such books and documents in his office as shall \llf m^ | \f
6 have been previously furnished to towns by the commonwealth; but R l. 9, §11.
7 the clerk of such town shall first file with the secretary a certificate
8 that the town has made suitable provision for the preservation and con-
9 venient use of such books and documents.
1 Section 15. A town which has once been furnished with such books same subject.
2 and documents shall not again be supplied with the same at the expense i877, 150,' § 2.
3 of the commonwealth. Towns may efl'ect insurance thereon for their fgsl.wo/fis.
4 own benefit. n^tl^^'i h'^'
1 Section 16. The state secretary shall, in the distribution of laws Distribution of
2 and documents to members of the general court, effect such exchanges mrmb'era 'of °
3 among members as they shall direct; and he may employ such additional coun^"*^'^'
4 clerical or other assistance as may be necessary for the purpose. Copies Jf ^^' g^f^l ^^^
5 of the laws and documents apportioned to members of the general court i^i^' ^'oi, 5 10.
6 which remain undisposed of for three months after the end of the j'ear
7 in which they were issued shall revert to the commonwealth and be
8 subject to general distribution.
1 Section 17. Delivery charges on documents forwarded to members Delivery
2 of the general court and to free public libraries shall be prepaid by the docun'i^n™.
3 commonwealth. 1889,53.
1892, 422. 1895, 93. R. L. 9, § 15.
1 Section 18. The clerks of the two branches of the general court ^*but''i "„ **
2 may, in every odd-numbered year, purchase three hundred and forty of books
3 copies of a book containing portraits and biographical sketches of mem- portrait's of
4 bers of the general court and other state officers, lists of committees and "enerafcourt,
5 such other information as the clerks approve. The clerks shall furnish fggo, 55.
6 one such copy to each such member and shall distribute the other copies ^^^^^ '^^' ' ^■
7 as the committees on rules of the senate and house of representatives
8 may direct. The clerks may expend therefor a sum not exceeding six-
9 teen hundred dollars.
122
THE GOVERNOR, LIEUTENANT GOVERNOR AND COUNCIL. [ChAP. 6.
TITLE II.
EXECUTIVE AND
ADMINISTRATIVE OFFICERS OF THE
COMMONWEALTH.
Chapter 6.
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter
Chapter 20.
Chapter 21.
Chapter 22.
Chapter 2.3.
Chapter 24.
Chapter 25.
Chapter 26.
Chapter 27.
Chapter 28.
9.
10.
11.
12.
13.
14.
1.5.
16.
17.
18.
19.
The Governor, Lieutenant Governor and Council, Certain Officers
under the Governor and Council, and State Library.
Commission on Administration and finance.
Superintendent of Buildings, and State House.
Department of the State Secretary.
Department of the State Treasurer.
Department of the State Auchtor.
Department of the Attorney General, and the District Attorneys.
Department of Civil Service and Registration.
Department of Corporations and Taxation.
Department of Education.
Department of Public Works.
Department of Public Health.
Department of Public Welfare.
Department of Mental Diseases.
Department of Agriculture.
Department of Conservation.
Department of Public Safety.
Department of Labor and Industries.
Department of Industrial Accidents.
Department of Public Utilities.
Department of Banldng and Insurance.
Department of Correction.
Metropolitan District Commission.
CHAPTER 6.
THE GOVERNOR, LIEUTENANT GO'V'ERNOR AND COUNCIL, CERTAIN
OFFICERS UNDER THE GOVERNOR AND COUNCIL, AND ST.\TE
LIBRARY.
Sect.
1. Salary of Kovernor.
2. Salary of lieutenant governor.
3. Salaries of councillors.
4. Traveling expenses of lieutenant gov-
ernor and council.
5. Governor's private secretary, etc.
6. Executive secretary, etc.
7. Stationery for council.
8. Extraordinary expenses of executive.
9. Governor and council to represent
commonwealth in United States
government surveys.
Sect.
10.
11.
12.
r2A.
13.
14.
14A.
Delegates to conventions. Travel
outside commonwealth by state
officers, etc., at public expense.
Members of unpaid commissions, etc.,
reimi^ursment for expenses.
Compensation of commissioners, etc.
Observance of Armistice Day.
Observance of the birthday of .Abra-
ham Lincoln.
Observance of Flag Day.
Observance of Spanish War Memo-
rial Day and Maine Memorial Day.
Chap. C] the governor, lieutenant governor and council.
123
Sect.
15. Observance of .\rbor and Bird Day.
16. State military and naval officers to
serve under governor.
CERTAIN OFFICEn.S UNDER GOVERNOR AND
COUNCIL.
17. Certain officers to serve under gover-
nor and council.
ARMORY COMMISSIONERS.
18. Armorj' commissioners.
19.
20.
21.
ART COMMISSION.
Art commission.
Powers and duties.
BOARD OF APPEAL.
[Repealed.]
COMMISSIONER OF STATE AID AND PENSIONS.
22. Commissioner of state aid and pen-
sions.
23. Certain expenses of commissioner.
24. Deputy commissioner, etc.
25. Commissioner may appoint chief
clerk, etc.
COMMISSIONERS ON UNIFORM STATE LAWS.
26. Board of commissioners on uniform
state laws.
27. Duties.
28. E.xpenses.
Sect.
public bequest commission.
2S.\. Public bequest commission.
2SB. Public bequest fund.
2SC. Distribution of income.
2SD. Rules and regulations.
29.
30.
31.
32.
STATE BALLOT LAW COMMISSION.
State ballot law commission.
Members not to hold political office,
etc.
Compensation.
May summon witnesses, administer
oaths, etc.
TRUSTEES AND LIBRARIAN OF STATE LI-
BRARY.
33. Trustees of state library.
34. Duties of trustees.
35. Librarian.
36. E.\penditures authorized. Approval
of accounts.
37. Annual report of tnistees.
37A. Trust funds.
STATE LIBRARY.
38. State library.
39. Books, etc., belonging to common-
wealth to be placed in state library.
BOARD OF TRUSTEES OF THE SOLDIERS*
HOME IN MASSACHUSETTS.
40. Board of trustees of the Soldiers'.
Home in Massachusetts.
41. Powers and duties.
1 Section 1 . The governor shall receive a salary of ten thousand dol- foterno/
2 Jars, and shall not be entitled to any fees or perquisites.
governor.
1780, 5.
1788, 57.
1818, 88.
R. S. 13, §§ 1,2.
1843, 9, § 1.
1854, 308, § 1.
G. S. 14. § 1.
1864, 240.
1879, 35, 5 1.
P. S. 15, 5 1.
1884, 328.
1892, 101.
R. L. 4; § 1.
1914, 445, § 1.
1 Section 2. The lieutenant governor shall receive a salary of four Salary of
2 thousand dollars; but if the office of governor shall be vacant for a governo"'
3 period of more than thirty days he shall, for the time during Avhich he r^'is,' Ik
4 performs the duties of governor, receive at the rate allowed to the }|^|; %fl-3_
5 governor.
G. S. 14, § 2.
1872, 328. § 3.
1876, 214, § 1.
1879, 35, § 2.
P. S. 1.5, § 2.
1896, 347.
R. L. 4, § 2.
1919, 282, § 1.
1
Section 3. Each member of the council shall receive a salary of one salaries of
11" councillors.
2 thousand dollars.
1858, 78, § 1.
G. S. 14, § 2.
1872, 328, § 3.
1876, 214, § 1.
1879. 35, § 2.
P. S. 15, § 3.
R. L. 4, § 3.
1912, 639, §§ 1, 2.
1 Section 4. The lieutenant governor and each member of the council Traveling
2 shall be paid for his travel from his abode to the place of sitting of the ii™™nan°
3 governor and council, and return, such amounts as he certifies in writing TOundi"'^""*
124
THE GOVERNOR, LIEUTENANT GOVERNOR AND COUNCIL. [ChAP. 6.
1858, 78.
§§ 2, 3.
1859, 7.
that he has actually expended therefor in the performance of his official 4
duties. 5
G. S. 14. 5 2.
1872, 328, § 3.
1875. 48, § 2.
1876, 214, § 2,
1879, 35, § 3.
P. S. 15. § 4.
R. L. 4, § 4.
Governor's
private
secretary, etc.
1861. Res. 1.
1866. 298. § 4.
1876. 214, § 3.
1879. 35. § 4.
P. S. 15, § 5.
1885. 77.
Section 5. The governor may appoint a private secretary, an assist-
ant private secretary, and such other assistants as may be necessary,
who shall hold office during the pleasure of the governor, and shall
receive such salaries as may be approved by the council, not exceeding
the sum annually appropriated therefor by the general court.
1891. 411. § 1.
R. L. 4, § 5.
1908, 507, § 1.
1914, 158. § 1;
159.
1918. 257. § 2.
1919. 5; 25, §§ 1. 3.
1920.
Executive
secretary, etc.
1845, 116.
1847. 237.
G. S. 14.
§S63. 64.
1866. 298.
1867, 167, § 7.
1876, 214, § 3.
1881. 147.
P. S. 15, I 6.
1884. 8: 38.
1887, 83; 221,
§4.
Section 6. The governor, with the advice and consent of the coun- 1
cil, may appoint an executive secretary, a stenograjjher, a messenger 2
and an assistant messenger, each of whom shall hold office during the 3
pleasure of the governor and council, shall perform the duties required 4
of him by the governor or by the governor and council, and shall receive 5
such salary as may be fixed by tlie governor and council, not exceeding 6
the sum annually appropriated therefor by the general court. 7
1891, 411, § 2;
1.S92, 16.
1897, 1,88.
1898, 104.
429.
R. L. 4, §§6,7.
1906, 109.
1918, 257, §
1902, 523.
1908, 497:
1919, 5; 25,
1904. 268.
540, §§ 1, 2.
1920, 2.
i2, 3.
Stationery for
council.
18.56. Res. 74.
R. L. 6. § 49.
Section 7. The printing, binding and procuring of stationery for the 1
use of the council shall be under the direction of the executive secretary 2
and shall be approved by him. 3
Extraordinary
expenses of
executive.
1890. 415.
R. L. 4. § 9.
1908. 549.
1923, 362, § 8.
1931, 426, § 61.
Section 8. An amount not exceeding one hundred thousand dollars 1
shall be appropriated each year for carrying out sections twenty-five to 2
thirty-three, inclusive, of chapter thirty-three, for the entertainment 3
of the president of the United States and other distinguished guests 4
while visiting or passing through the commonwealth, for extraordinary 5
expenses not otherwise provided for, whicii the governor and council 6
may deem necessary, and for transfer, upon the recommendation of the 7
comptroller, with the approval of the governor and council, to such 8
appropriations as have proved insufficient. 9
Go^rnorand Section 9. The govcmor and council shall co-operate in behalf of
represent com- the commouwcalth in all scientific surveys made bv the United States
monwealth in . p i i • i ± "-..i ■ xi
United .States govcmnient of harbors, rivers, shores or waters within the common-
survey™'^"' wealth, and shall represent the commonwealth in relation to such
surveys, and protect its interests therein.
p. S. 15, § 8.
R. L. 4, § 10.
Delegates to
conventions.
Travel outside
commonwealth
by state
officers, etc., at
public expense.
1894, 376.
H. L. 4, § 11.
1920. 253.
Section 10. The governor may appoint state officers as delegates to 1
represent the commonwealth at such conventions as may be held in any 2
part of the United States for the purpose of considering questions of 3
charity, reform, statistics, insurance and other matters afl'ecting the 4
welfare of the people. Their necessary expenses may be paid from such 5
appropriations as the general court may make for the traveling and 6
contingent expenses of such officers. No officer or employee of the 7
commonwealth shall travel outside the commonwealth at public expense 8
unless he has previously been authorized by the governor to leave the 9
commonwealth, and in applying for such authorization the officer or 10
C'lIAP. ().] THE GOVERNOR, LIEUTENANT GOVERNOR AND COUNCIL. 125
11 employee shall specify the places to be visited and the probable duration
12 of his absence.
1 Section 1 1 . The governor and council may reimburse members of un^Tkf com-
2 unpaid commissions, and citizens who may be sent officially to represent missions, etc.,
3 the commonwealth at national conventions, for such expenses as they ™ent for
. X? 1 Ll expensea.
4 may nnd reasonably necessary. igos. 544, § i.
1 Section 12. The compensation of legal counsel and commissioners Compensation
2 appointed by the governor shall, unless otherwise provided, be deter- °LwtI"hc.
3 mined by the governor and council, who shall approve such claims g^'s' },5^'j !i7;
4 before they are sent to the comptroller. p- s. le, § 48.
R. L. 6, 5 52. 1931,394, §203.
1 Section 12A. The governor shall annually issue a proclamation observance of
2 calling for a proper observance of November eleventh as Armistice Day, igSlVio. *^'
3 in lasting recognition of the service and sacrifice of those sons and
4 daughters of Massachusetts who served in the naval and military serv-
5 ice of the United States during the World War and in thanksgiving for
6 the termination of hostilities on the first Armistice Day, November
7 eleventh, nineteen hundred and eighteen.
1 Section 13. The governor shall annually issue a proclamation observance of
2 setting apart February twelfth as Lincoln Day, and recommending that of Abraham
3 it be observed by the people with appropriate exercises in the public igo^'sis.
4 schools and otherwise, as he may see fit, to the end that the memory
5 of the public service and private virtues of Abraham Lincoln may be
6 perpetuated.
1 Section 14. The governor shall annually set apart June fourteenth Observance of
2 as Flag Day, and shall issue his proclamation recommending that the 1911, ^"i^. 5.
3 day be observed by the people in the display of the flag and in such
4 other ways as shall be in harmony with the general character of the
5 day.
[Note; — The national flag was adopted by the Continental Congress on June 14,
1777.]
1 Section 14A. The governor shall annually set apart February fif- 2^"Ihvf\f
2 teenth, the anniversary of the sinking of the United States battleship '*'^"\°';;:'^ ^^y
3 "Maine" in the harbor of Havana, Cuba, as Spanish War Memorial Menioriai Day.
4 Day and Maine Memorial Day, and shall issue his proclamation recom- ^ - •^^■
5 mending that the day be observed by the people in the display of the
6 flag and by appropriate exercises in the public schools and elsewhere,
7 commemorative of the services and sacrifices of the men who fought in
8 the Spanish-American War.
1 Section 1.5. The governor shall annually issue a proclamation set- observance of
2 ting apart the last Saturday in April as Arbor and Bird Day, recom- Bird Day.
3 mending its observance by the public in the planting of trees, shrubs and r. l. 5.?§ le.
4 vines, particularly those attractive to birds, in the promotion of forest 344f'v^i!'§'6!'
5 growth and culture, in the adornment of public and private grounds, ^'"' ^ ^•
6 places and ways, and in such other efforts and undertakings as shall
7 harmonize with the general character of the day. He shall further rec-
126
CERTAIN OFFICERS UNDER GOVERNOR AND COUNCIL. [ChAP. 6.
ommend that the Friday preceding be observed in rural and suburban 8
schools by exercises appropriate to Arbor and Bird Day. 9
State military
and naval
officers to serve
under governor.
Const, pt. 2,
c. 2, § 1, art. 7.
Const, amend.
54.
(Const. Rev.
art. 147.)
1919, 350, § 14.
Section 16. The staff of the commander-in-chief and all officers 1
included in the organization of the land and naval forces of the com- 2
monwealth, including the adjutant general in his capacity as commis- 3
sioner of war records under chapter two hundred and eleven of the acts 4
of nineteen hundred and twelve and chai:)ter one hundred and seven of 5
the General Acts of nineteen hundred and nineteen, shall serve under 6
the governor in his capacity as commander-in-chief. 7
certain officers under GOVERNOR AND COUNCIL.
tosSl""*'^"' Section 17. The armory commissioners, the art commission, the 1
under governor commissiou ou administration and finance, the commissioner of state 2
and council. -ii • i •• -p i i ii-
1919,350, aid and pensions, the commissioners on uniiorm state laws, the public 3
bequest commission, the state ballot law commission, the board of trus- 4
tees of the Soldiers' Home in Massachusetts and the trustees of the state 5
library shall serve under the governor and council, and shall be sub- G
ject to such supervision as the governor and council deem necessary or 7
proper. 8
[Note : — Provision relative to the board of trustee.? of the Soldiers' Home in Massa-
chusetts effective December 1st, 1934; see 1931, 452, § 5.]
1928. 383, § 1.
1931, 452, § 2.
Armory com-
missioners.
1SS.''.3S4, § 1.
R. L. 16, § 106.
1905, 465,
§§ 111, 194.
1906, 504, § 9.
1907, 526, § 6.
1908, 604.
§5 132, 209.
1917, 327,
§§ 40, 268.
1919, 350, § 16.
1 Op. A. G. 508.
2 0p. A. G. 563.
ARMORY COMMISSIONERS.
Section 18. The governor, with the advice and consent of the coun- 1
cil, shall appoint a commissioner, who, together with the adjutant gen- 2
eral and the chief quartermaster, shall be armory commissioners. The 3
adjutant general shall serve without compensation; the chief quarter- 4
master and the commissioner shall receive such pay for duty performed 5
as the commander-in-chief shall order. In addition to these three per- fi
sons, the senior officer of the troops to be quartered in any armory shall 7
be a consulting armory commissioner during the period of the construe- 8
tion of the armory, but shall have no vote as such commissioner and shall 9
serve without compensation other than reimbursement for expenses ac- 10
tually incurred in the performance of his duty. 1 1
Art commis-
sion.
1910. 422,
1913, 225.
1919,350, §
.\rt commission.
Section 19. There shall be an art commission for the common- 1
5 1. wealth consisting of five members, who shall be citizens of the common- 2
wealth. I'pon the expiration of the term of office of any member thereof, 3
his successor shall be appointed by the governor, with the advice and 4
consent of the council, for five years. The commission shall serve with- 5
out compensation, but shall be allowed such necessary expenses as may 0
be approved by the governor and council, not exceeding one hundred 7
dollars in amount, and shall have power to adopt its own rules and to 8
elect such officers from its own members as may be deemed jiroper. 9
Section 20. There shall be submitted to the art commission for its
1922, 298.
1924. 242.
Powers and
inio, 422, 5 2. approval in an advisory capacity any plan relative to the creation, ac- 2
quisition, construction, erection or remodeling by the commonwealth of 3
any work of art, accompanied by designs, descriptions, specifications, 4
drawings or models sufficient to enable the commissiou to detcrniine the 5
Chap. 6.] certain officers under governor and council. 127
6 artistic character of such work of art. The commission shall file with
7 the governor, within thirty days after such submission, its opinion of
8 such proposed work of art together with such suggestions and recom-
9 mendations as it may deem proper. The term "work of art", as used
10 in this section, shall include any painting, portrait, mural decoration,
1 1 stained glass, statue, bas-relief, ornament, fountain or any other article
12* or structure of a permanent character intended for decoration or com-
1.) memoration. .
14 Upon request of the governor, the commission shall act in an advisory
15 capacity relative to the artistic character of any building constructed,
16 erected or remodeled by the commonwealth, or upon land owned by the
17 commonwealth, and when, upon recjuest of the governor, there shall be
18 submitted to said commission any plan relating to such construction,
19 erection or remodeling of any such building, accompanied by designs,
20 descriptions, specifications, drawings or models sufficient to enable the
21 commission to determine the artistic character of such building, the
22 commission shall file with the governor, within thirty days after such
23 submission, its opinion of such proposed building together with such
24 suggestions and recommendations as it may deem proper. The term
25 "building", as used in this section, shall include structures intended for
2(3 human occupation and use, and also bridges, arches, gates, walls or other
27 permanent structures of any character.
28 Said commission shall have the custody and care of all historical relics
29 in the state house, and of all works of art, as herein defined, erected or
30 maintained therein.
board of appeal.
1 Section 21. [Repealed, 1930, 41G, § 2.]
commissioner of state aid and pensions.
1 Section 22. There shall be an officer to be known as the commis- Commissioner
2 sioner of state aid and pensions, who shall be appointed by the governor, and ^n^i'ons.
3 with the ad\ice and consent of the council, for three years, at such salary, Itll', IW. § 6.
4 not exceeding five thousand dollars, as the governor and council shall iss^i lu^ ^'
5 determine. He shall devote his whole time to the duties of his office. }||g' g^' 1 1'
6 He shall be state agent for the settlement of pension, bounty, back pay, \^^~- j^^-
7 compensation and other claims of citizens of the commonwealth against ism! 372] § 9-
8 the government of the United States, or of any state thereof, on account r. L. 79,
9 of military or naval service, and he shall assist and advise war veterans, 1902, w'2,
10 and their dependents, heirs or legal representatives, with respect to the UoV, I'si, § 1.
11 filing, prosecution and settlement of such claims.
1909, 40S. § 1. 1919, 190: 290, 1923, 368, § 1.
1914,407, § 1; 587, § 1. §1:350, §16. 1931. 324, § 1.
1918, 164, § 1. 1920, 431.
1 Section 23. The commissioner shall be allowed his tra\'eling expenses Certain ex-
2 when necessary for him to visit the city of Washington, and may expend commissioner.
3 for such purpose and for all other expenses necessary for the proper is9i! ige! ^'
4 performance of his duties such sums as are annually appropriated r l 79 § 2'>
5 therefor. iso*- ^si. § I-
1909, 46S. § 1. 1914, 587, § 1. 1918, 164, § 1. 1919, 190; 290, § 1.
1 Section 24. The go\ernor, with the advice and consent of the Deputy com-
2 council, shall appoint a deputy and a second deputy commissioner of i902,T92! fl.
128
CERTAIN OFFICERS UTSTDER GOVERNOR AND COUNCIL. [ClIAP. 6.
1904, 3S1,
1909, 46S,
1914, 407,
587, § 1.
1918, 164,
1919, 190;
290, § 1.
1920, 431.
1929. 194.
1931, 324,
§2.
state aid and pensions for three years, who shall devote their whole time 3
to the duties of their offices. They shall receive such salaries as may 4
be fixed by the commissioner of state aid and pensions, subject to the 5
approval of the governor and council, and shall be subject to the direc- 0
tion and control of said commissioner. The deputy commissioner, or 7
in case of a vacancy in his office or in his absence or disability the second 8
deputy commissioner, shall perform the duties of said commissioner 9
during his absence on account of disability or other cause. 10
mayTppitnr SECTION 25. The commissioucr, with the approval of the governor 1
cWef clerk, j^,^,] council, may appoint a chief clerk and not more than eight other 2
1902, 192, § 4. clerks and stenographers and twelve agents. 3
1903, 420, § 1. 1909. 408, § 1. 1918, 164, § 1. 1931, 301, § .51.
1904, 381, § 1. 1912, .549. 1919. 190; 290, § 1. Op. A. G. (1920) 305.
1907, 43, § 1. 1914.587.5 1. 1922,191.
Board of com-
missioners on
uniform state
laws.
1909. 416, § 1.
1914, 381, § 1.
1919, 122,
§§ 1, 6.
1924, 200, § 1.
COMMISSIONERS ON UNIFORM STATE LAWS.
Section 26. There shall be a board of commissioners on uniform 1
state laws, consisting of three suitable persons, who shall be appointed 2
by the governor, with the advice and consent of the council, for five year 3
terms. Within thirty days after the appointment of such commissioners, 4
they shall meet and organize. The governor may remove for cause 5
any or all of said commissioners. G
Duties.
1909, 416,
§§2,3.
1914, 381,
§§ 2, 3.
1919, 122,
§§2,3,6.
1924, 200, § 2.
Section 27. The commissioners shall examine subjects upon which 1
uniformity of legislation in the various states of the United States is 2
desirable, but which are outside of the jurisdiction of the congress of 3
the United States; shall confer upon these matters with the commis- 4
sioners appointed by other states for the same purpose; shall consider 5
and draft uniform laws to be submitted for approval and adoption by 0
the several states; and generally shall devise and recommend such other 7
or further course of action as may tend to accomplish such purposes. 8
They shall keep a record of their doings, and shall make an annual report. 9
Expenses.
1909, 416, § 4.
1910, 73.
1914, 381,
§§4,5.
1919, 122,
§§4-6.
Section 28. They shall serve without compensation, but each com- 1
missioner shall be paid by the commonwealth the amount of his actual 2
traveling and other necessary expenses incurred in the discharge of his 3
official duty, after an account thereof has been audited by the com- 4
missioners. They shall keep a full account of their expenditures. They 5
may contribute each year a sum not exceeding one hundred dollars 6
toward the expenses of the conference of commissioners on uniform 7
state laws, the same to be paid from such appropriation for the expense 8
of the commissioners as may be made by the general court. 9
Public be-
quest com-
mission.
1928, 383, § 2.
PUBLIC BEQUEST COMMISSION.
Section 28A. There shall be a public bequest commission, consist-
ing of the state secretary, the state treasurer and the commissioner of
state aid and pensions, ex officiis. Said officials shall receive no addi-
tional compensation for such service, but, with the approval of the
governor and council, may employ and remove such assistants and fix
their salaries, and may incur such other expenses, as may be necessary
to render cifective the provisions of tliis and the three following sections.
Chap. C] certain officers under governor and council. 129
1 Section 28B. There is hereby established a public bequest fund, P'jW'c bequest
2 which shall be under the control of said commissioners, and which shall laasi 3S3, § 2.
3 consist of any bequests, devises, contributions or other gifts to said
4 fund or to said commission for the use of said fund. So much of the
5 property provided to constitute said fund as aforesaid as consists of
6 real property or of tangible personal property shall be sold by said com-
7 mission, and the proceeds thereof shall become a part of said fund.
8 The state treasurer shall be the custodian of said fund. The provisions
9 of this and the two following sections and of all other provisions of law
10 relative to said fund shall in all respects be subject to amendment,
11 alteration and repeal by the general court.
1 Section 28C. When, and so long as, the principal of said fund Distribution
1 1 11 .1 • . income.
2 amounts to five hundred thousand dollars, said commission, with the '^^s, 383, § 2.
3 approval of the governor and council, may distribute, in accordance with
4 its rules and regulations relative thereto, the income from said fund to
5 such worthy citizens of the commonwealth, as, in its opinion, by reason
6 of old age and need, are entitled thereto. No man under sixty-five and
7 no woman under sixty shall be deemed to be entitled to assistance from
8 such fund.
1 Section 28D. Said commission, subject to the approval of the gov- Rules and
2 ernor and council, may make, and from time to time may alter and i92s,''383!^§ 2.
3 amend, rules and regulations governing payments under section twenty-
4 eight C.
state ballot law commission.
1 Section 29. There shall be a state ballot law commission, consisting state baiiot law
2 of three persons, one of whom shall annually in June or July be ap- issg^ta?''^ 7.
3 pointed by the governor, with the advice and consent of the council, for 43i;°'§^5*^' ^^'
4 three years from the succeeding August first. The governor, with the {§93; 417; 1 92,
5 advice and consent of the council, may remove anv member of the J™Sm?J-V
• • mi 111! 1 • 1 •' IM'o, ■>4o, 5 iOo.
6 commission. Ihere shall always be on said commission a member of R l. u, §i56.
7 each of the two leading political parties. §§ iss. 456.
1913. 835, §§2U, 503.
1 Section 30. No member of said commission shall hold any public Members not to
2 office except that of justice of the peace or notary public, or be a candi- officeretc.'™'
3 date for public office, or member or employee of any political committee. H^lllfs^; ^ ^'
4 If any member of the commission shall be nominated as a candidate |,'\f jj , jg^
5 for public office and shall not in writing decline said nomination within '.*'''■ seo.
6 three davs, he shall be deemed to have vacated his office as a member of mia. ti4i. § 1.
„ ■ J ■ ■ 1913. 833,
/ said commission. . §§ 212, 503.
1
3 Op. a. G. 507.
Section 31. The members of said commission shall each be paid fsgS^r'u'
2 such compensation for their services, not exceeding five hundred dollars 'sss' ■n-',' § 95.
3 annually, as the governor and council may determine; and the total lims^,'
4 expenditures by and on account of said commission shall not exceed the u'rln, § leo.
5 sum of two thousand dollars in any one jear. [sTso^we.
1913,835, §§ 213, .503.
1 Section 32. It may summon witnesses, administer oaths, and re- May summon
2 quire the production of books and papers at a hearing before it upon any Idmf^ster
3 matter within its jurisdiction. Witnesses shall be summoned in the same i892!'406' } i.
130
STATE LIBRARY.
[Chap. 6.
1893, 417,
§§93. 94.
1896, 383,
§§3,4,
1898, 548,
§§ 155, 156.
R. L. 11.
§§ 158, 159.
manner, be paid the same fees, and be subject to the same penalties as 4
witnesses in civil cases before the courts. Any member may sign a 5
summons or administer an oath. The decision of the commission upon 6
any matter within its jurisdiction shall be final. 7
1907, 560, §§ 187, 1.58, 4.56. 1931, 426, § 87.
1913, 835, §§ 213, 214, 503.
Trustees of
state library.
1850, 182, § 1.
G. S. 5, § 2.
P. S. 5, § 15.
1893, 86. § 1.
R. L. 10, § 24.
1910, 217, § 1.
TRUSTEES AND LIBRARIAN OF ST.\TE LIBRARY.
Section 33. There shall be a board of trustees of the state library, 1
consisting of the president of the senate and the speaker of the house of 2
representatives, who shall be trustees ex officiis, and three other persons 3
appointed by the governor, with the advice and consent of the council, 4
of whom one shall be appointed annually for three years from June 5
first of the year in which he is appointed. 6
Duties of
trustees.
1825, 123, § 3.
R. S. 11, § 11.
G. S. 5, § 3.
1870, 150.
P. S. 5. § 16.
R. L. 10, § 25.
1910, 217, § 2.
Section 34. Said trustees shall have the management and control 1
of the state library and of the moneys appropriated therefor. They may 2
sell or otherwise dispose of such books belonging to the library as they 3
consider unsuitable for its purposes, and they may deposit any duplicate 4
volumes for safe keeping and use in any town, city or college library in 5
the commonwealth, upon such terms and conditions as they shall pre- 6
scribe. They may make and enforce rules for the use of the library, and 7
shall see that its rooms are properly prepared for the accommodation of 8
persons permitted to use them. 9
Librarian.
1825,
123,
§ 1-
R. S.
11,
§§10
, 11.
1849,
155,
§1.
1859,
64.
G. S.
5, §4.
1866,
298,
§5.
P. S.
5, § 17.
Expe
nditures
autliorized
I.
Approval of
accounts.
1825,
123,
§4.
R. S.
11. §12.
G. S.
5, §§5.7.
1861,
Res.
33.
1866,
Res.
28.
1867,
Res.
22.
1869,
Res.
68.
1873,
Res.
28.
P. S.
5. §5 18.
20.
Section 35. The governor, with the advice and consent of the
council, shall appoint a librarian of the state library, who shall hold
office during their pleasure and shall recei\'e such salary as may be fixed
by the trustees of said library with the approval of the go\ernor and
council.
1887, 209.
1892, 287.
1893, 86, § 2.
R. L. 10, § 26
1910, 421. § 1.
1920, 423.
1929, 277.
Section 36. The trustees of the state library may expend such
sums annually as the general court may appropriate for permanent
assistants and clerks, for books, maps, papers, periodicals and other
material for the library and for binding the same and for incidental ex-
penses including binding their report. All accounts for the maintenance
of the state library shall be approved by the trustees thereof or by such
person as may be designated for the purpose in a vote of said trustees
who shall, nevertheless, remain responsible for such approval.
2.
1882, 29; 196, §§ :
1886, 66, §§ 1, 2.
1888, 24.
1891, 24.
1892, 140, § 1.
1897, 114.
1899, 192.
R. L. 10, §§ 27, 29.
1905, 1.54, § 1.
1908, 342.
1910, 421, § 2.
1916, 112. §§ 1,
1917, 25. § 1.
1918, 126.
1922, 15.
1925, 185.
Annual report
of trustees.
1849, 155, § 3.
G. S. 5, § 8.
P. S. 5, § 21.
R. L. 10, § 30.
1910, 217, § 2.
Section 37. The trustees of the state library shall keep records of
their doings, and shall make an annual report thereof, with a list of books,
maps and charts lost, missing or acquired during the preceding fiscal year,
specifying those obtained by exchange, gift or purchase, and such sug-
gestions for the improvement of the library as they may deem proper.
Trust funds.
1923, 370, 5 1.
Section 37A. The said trustees may receive in trust for the com- 1
monwealth any gift or bequest of money or securities for any purpose 2
Chap, (i.] soldiers' home. 131
3 incident to the uses of the state library, and shall forthwith transfer any
4 money or securities so received to the state treasurer, who shall ad-
5 minister the same as provided by section sixteen of chapter ten.
STATE LIBRARY.
1 Section 38. The state library shall be in the state house, and shall fsof^{^s^7\
2 be kept open every day except Sundays and legal holidays for the use of R s' n. § »
3 the governor, lieutenant governor, council, general court and such of- o s.'s, fi.^'
4 ficers of the government and other persons as may be permitted to use it. r. l. wf §23.
1 Section 39. Unless otherwise provided, all books, maps, documents Books, etc..
2 and other publications belonging to the commonwealth for public use, comnfonw'aith
3 except such as by order of the respective departments of the government state ubmry.'°
4 are retained in the chambers of the senate and the house of representa- n^t n,^§ m;
5 tives or in the department of the state secretary, shall be deposited and G^l's^fe'* ^■
6 suitably arranged in the library. p.s.'5,'§i9.
R. L. 10, § 28.
BOARD OF TRUSTEES OF THE SOLDIERS HOME IN MASSACHUSETTS.
1 Section 40. There shall be a board of trustees of the Soldiers' Home Board of
2 in Massachusetts, consisting of seven persons, at least fi\-e of whom fheToldiers-
3 shall be war veterans. Upon the expiration of the term of office of a Marachusetts.
4 member, his successor shall be appointed by the governor, with the ^^^^- **^' ^ 3-
5 advice and consent of the council, to serve for seven years. The governor
6 shall designate one of the members as chairman. The members shall
7 serve without compensation, but shall receive their necessary expenses
8 incurred in the discharge of their official duties.
1 Section 41. Said board of trustees shall have the management and Powers and
2 control of said home and all property, real and personal, belonging to 193T452, § 3.
3 the commonwealth and occupied or used by said home, and shall hold
4 and administer in trust the property included in the "legacy fund" and
5 the "effects accounts", if and when the transfer thereof to the common-
6 wealth is effected pursuant to a decree of a court of competent juris-
7 diction, and in accordance with the terms and conditions imposed by
8 such decree. In the management and control of said home as aforesaid,
9 said board of trustees shall ha\e the same powers and perform the same
10 duties as are vested and imposed in the trustees of state hospitals under
11 the provisions of chapter one hundred and twenty-three, so far as
12 applicable.
[Note to §§ 40 and 41: — Effective December 1st, 1934; see 1931, 452, § 5.]
132
COMMISSION ON ADMINISTRATION AND FINANCE.
[Chap. 7.
CHAPTER 7.
COMMISSION ON ADMINISTRATION AND FINANCE.
Definitions.
1923. 362, § 1.
Sect.
19. Same subject. Verification of ac-
counting statements in departmental
reports, etc.
20. Comptroller's bureau to furnish ac-
counting statements, etc.. when.
21. Records, etc., of bureau available for
preparation of budget, etc.
22. Supplies, equipment, etc., for state
departments; rules and regulations
governing purcha.se, etc. Duties of
state purchasing agent.
23. Removal for non-compliance with
rules, etc.
24. State purchasing agent to establish
supply office, maintain laboratorj',
etc.
25. To advise with state institutions mak-
ing products suitable for needs of
state departments, etc,
26. Advisory standardization board.
27. State purchasing agent to furnish cer-
tain paper to Massachusetts re-
formatory.
28. Departmental research, etc., by divi-
sion of personnel and standardiza-
tion.
29. Division to approve certain state docu-
ments before publication. .'Vppeal.
Exceptions.
30. Division to prepare and print lists of
state officials, etc., with their
salaries.
31. Commissioners to decide questions as
to accounting standards, etc., and
to approve contracts by state pur-
chasing agent.
32. Commissioners to have equal voice.
Governor to decide issue in case of
tie vote.
33. Annual report.
34. Contents of annual report.
35. Annual report to show funded debt,
etc.; may be published in parts.
CommisBion
on administra-
tion and
finance.
Sect.
1. Definitions.
2. Commission on administration and
finance.
3. Commissioners, appointment, salaries,
etc.
4. Comptroller, budget commissioner,
state purchasing agent. Bureaus.
5. Division of personnel and standardiza-
tion.
6. Director of personnel and standardiza-
tion and deputies. Expenditures of
commission.
7. Duties of commission relative to pro-
moting economy and efficiency, etc.
8. Report, etc., as to estimates of state
departments, etc., made to budget
commissioner.
9. Special examination, etc., of matters
affecting management or finances of
state departments, etc.
10. Special examination, etc., of manage-
ment or finances of state depart-
ments, etc.
11. Same subject. Hearings; attendance,
etc., of witnesses, production of
books, etc.; enforcement of attend-
ance, etc.; penalties; depositions.
12. Commissioners, etc., may require pro-
duction of books, etc., when.
13. Duties of comptroller. Examination
and certification of certain accounts,
etc., against commonwealth.
14. Same subject. Bills, vouchers and
copies of contracts filed, etc., with
comptroller, when.
15. Same subject. State printing, and
bills therefor.
16. Same subject. Accounting system for
commonwealth.
17. Same subject. General books of ac-
count; systems of accounting: su-
pervision of collection of revenue
due conmionwealth.
18. Same subject. Account of public re-
ceipts and expenditures, public
property, etc.
Section 1. Unless a contrary intention clearly appears, the follow- 1
log words shall have the following meanings: 2
"Commission", the commission on administration and finance. 3
"Finance committee", the committee of tlie executive council ap- 4
pointed to consider matters of finance. 5
Section 2. There shall be a commission on administration and 1
finance, which shall serve directly under the governor and council 2
Chap. 7.] commission on .administration and finance. 133
3 within the meaning of Article LXVI of the amendments to the constitu- 1922, 545, 5 2.
A ^- f xU liU 1923, 362, i 1.
4 tion 01 the commonwealth.
1 Section 3. The commission shall consist of four commissioners, one Commis-
2 of whom shall annually be appointed for a term of four years by the pSntm'enr
3 governor, with the advice and consent of the council. The governor i922,"54.5^,'5 2.
4 shall designate one of said commissioners as chairman. The chairman ^^'^^' ^^^- ^ '•
5 shall receive such salary not exceeding seven thousand dollars, and each
6 of the other commissioners, such salary not exceeding sixty-five hundred
7 dollars, as the governor and council may determine. Each commissioner
8 shall devote his entire time to the duties of his office.
1 Section 4. Said commission shall be organized in three bureaus, Comptroller,
2 namely: a comptroller's bureau, a budget bureau and a purchasing commLioner,
3 bureau. Each bureau shall be in charge of a commissioner of the com- fng'lgem^'^'
4 mission to be designated by the governor, with the advice and consent fg"!,","!;,. 53.
5 of the council, and to be known, respectively, as the comptroller, budget ^^^^^ ^®-' ' i-
6 commissioner and state purchasing agent. Said purchasing agent shall
7 give bond to the state treasurer in a sum to be fixed by the governor and
8 council for the faithful performance of his duties and for the rendering
9 of a proper account of all money entrusted to him for the use of the
10 commonwealth. Any commissioner designated as aforesaid shall be a
11 person of ability and extended experience in the line of work required
12 in his bureau.
1 Section 5. There shall be directly under the commission a division Division of
2 of personnel and standardization, in charge of a director of personnel stendarfiza-"^
3 and standardization. "°°-
1922, 545, § 4. 1923, 362, § 1.
1 Section 6. The commission shall, with the approval of the governor Director of
2 and council, appoint, and fix the salary of, the director of personnel and stendardLa-'^
3 standardization and may, with like approval, remove him. The com- deputi°s
4 mission may, subject to the approval of the governor and council, ap- Expenditures
5 point and fix the salaries of such number of deputies as the governor and "ion.
6 council shall approve; and it mav, with like approval, remove them. It 1923! 362! § i'.
7 may also employ such other persons as the work of the commission may '
8 require and remove them. The commission may expend such sums of
9 money for expenses, including traveling expenses of its officers and em-
10 ployees, as the general court may appropriate.
•
1 Section 7. The commission shall inquire into the business affairs Duties of
2 of the commonwealth and the laws governing them, and shall consider StTvTtr
3 the possibility of promoting economy and efficiency and avoiding useless ecoJ!J>m'ylnd
4 labor and expense therein. It shall recommend to the governor and ^''j>':|''°7/ "i'"-
r -111 1 •!• • • • ■ 1922,045,5 5.
5 council and to the general court, it m session, such measures as in its 1923, 352, § 1.
6 judgment will tentl to accomplish this result. It shall consider and
7 report upon the following questions among others: changes in the laws
8 relating to matters of finance, reorganization, consolidation or co-ordi-
9 nation of departments and institutions, changes in methods of adminis-
10 tration, classification of employees, fi.xing maximum and minimum
11 salaries and standardizing vacations.
134
COMMISSION ON ADMINISTRATION AND FIN.tNCE.
[Chap. 7.
Report, etc.,
as to estimates
of state
departments,
etc., made to
budget com-
missioner.
1922, 545, § 5.
1923, 362, § 1.
Section 8. On the request of either branch of the general court or 1
of the ways and means committee of either branch, or of the governor, 2
or of the council, or of the finance committee, the commission shall make 3
a report of such of the estimates of departments, officers and commis- 4
sions made to the budget commissioner under sections three and four of 5
chapter twenty-nine as may be required, and it may make recommen- 6
dations relative thereto. 7
Special
examination,
etc., of
matters affect-
ing manage-
ment or
finances
of state
departments,
1922, 545, § 5.
1923, 362, § 1.
Section 9. On request of either branch of the general court or of 1
the ways and means committee of either branch, or of the go\-ernor, or 2
of the finance committee, the commission shall make a special examina- 3
tion of, and give to them any information in its possession relative to, 4
any matter affecting the management or finances of any department, 5
officer, commission or undertaking which receives an annual appropriation 6
of money from the commonwealth, including annual appropriations to 7
be met by assessments. 8
Special
examination,
etc., of
management
or finances of
state depart-
ments, etc.
1922. 545, § 5,
1923, 362, § 1.
Section 10. The commission may make a special examination of 1
the management or finances of any department, officer, commission or 2
undertaking which receives annual appropriations of money from the 3
commonwealth, including annual appropriations to be met by assess- 4
ments, and may report thereon from time to time to the governor and 5
council and to the general court, if in session. 6
Same subject.
Hearings;
attendance,
etc., of wit-
nesses, pro-
duction of
boolts, etc.;
enforcement of
attendance,
etc.; penalties;
depositions.
1923, 362, § 1.
Section 11. Whenever requested to make a special examination 1
under section nine, or after first obtaining the approval of the governor 2
or of the finance committee in making a special examination under the 3
preceding section, any commissioner or the director of personnel and 4
standardization may require the attendance and testimony of witnesses 5
and the production of all books, papers, contracts and documents relat- 6
ing thereto. Witnesses shall be summoned in the same manner and shall 7
be paid the same fees as witnesses before the superior court. The 8
commission may prescribe rules and regulations for the conduct of 9
heaj-ings, and any commissioner or said director may administer oaths 10
to witnesses or take their affirmation. If any person summoned and 11
paid as a witness refuses to attend, or to be sworn or to affirm, or to 12
answer any question, or to produce any book, contract, document or 13
paper pertinent to the matter before any commissioner or said director, 14
a justice of the supreme judicial or the superior court, upon application 15
by said commissioner or director, may issue an order requiring such 16
person to appear before said commissioner or director, and to produce his 17
books, contracts, documents and papers and to give evidence touching 18
the matter in question. Failure to obey such an order of the court 19
may be punished by the court as a contempt thereof. Any person 20
summoned and paid who refuses to attend, or to be sworn or to affirm, 21
or to answer any proper question, or to produce any book, contract, 22
document or paper, pertinent to the matter before any commissioner or 23
said director, and any person who wilfully interrupts or disturbs any 24
hearing, or who is disorderly thereat, shall be puni.shed by a fine of not 25
more than fifty dollars or by imj)risonment for not more than one month, 26
or both. I'pon application by any coininissioncr or said director, com- 27
missions to take depositions of persons without the commonwealth may 28
be issued by a justice of the supreme judicial or the superior court, to 29
ClIAP. 7. J COMMISSION ON ADMINISTRATION AND FINANCE. 135
30 be used in hearings before anj' commissioner or said director, and all laws
31 and rules relating to such commissions in civil actions shall apply to
32 commissions issued hereunder. This section shall not be construed to
33 compel any person to give any testimony or to produce any evidence,
34 documentary or otherwise, which may tend to incriminate him.
1 Section 12. In making any examination or investigation author- Commis-
2 ized under this chapter, any commissioner or the director of personnel maTrequire
3 and standardization may require the production of books, papers, con- boots," etc", "^
4 tracts and documents relating to any matter within the scope of such "9*'2''3" 352 § i.
5 examination or investigation.
1 Section 13. The comptroller shall examine all accounts and de- Duties of
2 mands against the commonwealth, excepting those for the salaries of ETamMtton
3 the governor and of the justices of the supreme judicial court, for the u™ of cL'Jtaia
4 pay rolls of the executive council and members of the general court, and accounts, etc.,
5 those due on account of the principal or interest of a public debt. He commonwealth.
6 may require affidavits that articles have been furnished, services ren- 1923,' 362,' 51.
7 dered and expenses incurred, as claimed. Such affidavit for any in-
8 stitution shall be made by the disbursing officer thereof. The comp-
9 troiler shall make a certificate specifying the amount due and allowed on
10 each account or demand so examined, the name of the person to whom
11 such amount is payable, the law authorizing the same and the head of
12 expenditure to which it is chargeable. If the general court, by express
13 statute, authorizes a department or public officer to approve accounts or
14 demands against the commonwealth, and an appropriation therefor has
15 been made, the comptroller shall, when such accounts or demands have
16 been properly approved, promptly audit and certify such an amount,
17 not exceeding the appropriation therefor, as he may deem correct; and
18 if it appears to him that there are improper charges in said accounts or
19 demands he shall report the same to the governor and council, with a
20 separate certificate therefor. But he shall not certify any bill for print-
21 ing incurred in violation of section six of chapter five. He shall keep
22 copies of all such certificates and transmit the originals to the governor,
23 who, with the advice and consent of the council, may issue his warrant
24 to the state treasurer for the amount therein specified as due.
1 Section 14. All original bills and vouchers on which money has same subject.
2 been or may be paid from the treasury upon the certificate of the comp- and'co'Ses'jfr
3 troiler or the warrant of the governor shall be kept in the comptroller's etc""^^th ^''''^'
4 office; and all departments, officers or commissions authorized to make comptroller.
5 contracts under which money may be payable from the treasury shall i923,'362, 5 1.
6 file with the comptroller certified copies thereof.
1 Section 15. The comptroller shall cause all the printing under the .same subject.
2 state printing contract to be examined and measured, and no bill for and'bm""""^'
3 printing shall be allowed unless it is in strict -conformity with such con- 1923;' 382, § 1.
4 tract. He may employ an expert in printing to examine the bills for
5 printing under such contract and perform such other clerical assistance
0 as the comptroller may require.
1 Section 16. He shall design and instal a new accounting system .same Bubject.
2 for the commonwealth as provided by chapter five hundred and forty- ^'^vSem^fS*
3 five of the acts of nineteen hundred and twenty-two and prescribe the ^aith.""
136
COMMISSION ON ADMINISTRATION AND FINANCE. [ChAP. 7.
1922, 545. § 5.
192a, ae2, § i.
requisite forms and books of account to be used by each department, 4
office, commission and institution of the commonwealth. After such 5
installation, no form or book of account other than that prescribed as 6
aforesaid shall be used without the approval of the comptroller. He 7
may revise such forms, books or system from time to time. He shall 8
prepare and distribute a book of instructions covering the use and appli- 9
cation of said new accounting system for the guidance of the accounting 10
personnel in the various departments, offices, commissions and institu- 11
tions of the commonwealth. 12
Same subject.
General books
of account;
systems of
accounting;
supervision
of collection of
revenue due
commonwealth.
1922. 545, S 5.
1923, 362, § 1.
Section 17. He shall keep all general books of account and deter- 1
mine the extent and character of subsidiary accounts to be kept by all 2
departments, offices, commissions and institutions of the commonwealth. .3
He .shall have full authority to prescribe, regulate and make changes in 4
the methods of keeping and rendering accounts. He shall establish in 5
each such department, office, commission and institution a proper system 6
of accounts, which shall be uniform so far as is practicable, and a proper 7
system of accounting for stores, supplies, materials and products, and 8
may provide, where he deems it necessary, for a continuing inventory 9
thereof. He shall provide such safeguards and systems of checking as 10
will ensure, so far as possible, the proper collection of all revenue due the 1 1
commonwealth; and, where he deems it necessary, shall provide that 12
forms and receipts shall be numbered consecutively, making each such 1.3
department, officer, commission or institution responsible for their use 14
or cancellation. 15
Same subject.
Account of
public receipts
and expendi-
tures, public
property,
1923, 362, § 1.
Section 18. The comptroller shall keep a distinct account, under 1
appropriate heads, of all public receipts and expenditures. He shall 2
keep a like account of the school fund and of other public property and 3
of all debts and obligations due to and from the commonwealth; and for 4
such purpose he shall have free access to the books and papers of the 5
several departments, offices, commissions and institutions. 6
Same subject.
Verification of
accounting
statements in
departmental
reports, etc.
1922, 545, § 5.
1923, 362, § 1.
Section 19. He shall verify all accounting statements included in 1
reports of departments, offices and commissions, other than the com- 2
mission on administration and finance, before the publication of such 3
reports. No such report shall be published by any such department, 4
office or commission until such statements are so verified and approved. 5
Comptroller's
btireau to
furnish ac-
counting
statements,
etc., when.
1922, 545, 8 5.
1923, 362, § 1.
Section 20. The comptroller's bureau shall be properly equipped 1
and shall furnish, when required, all accounting statements relating to 2
the financial status, funds, reserves, appropriation control and cost of 3
operation of the commonwealth at the end of the state fiscal year and 4
at intermediate monthly periods when such information is needed in 5
effecting economies before appropriations have been exhausted, or for (i
other purposes. 7
Records, etc.,
of bureau
available for
preparation of
budget, etc.
Section 21. In the exercise of the budget commissioner's functions 1
relative to the preparation of the budget, the records, resources and full 2
co-operation of the comptroller's bureau shall be available. 3
1922, .'545,
1923, 362, § 1.
Supplies,
equipment,
etc., for state
Section 22. The commissioners of the commission, sitting as a 1
board, shall, subject to the approval of the governor and council, make 2
Chap. ".] commission on .administration and finance. 137
3 rules, regulations and orders which shall regulate and govern the manner departments;
4 and method of the purchasing, dchvering and handling of, and the con- r"mia"t?onB
5 tracting for, supplies, equipment and other property for the various rhasc,"etf. """
6 state departments, offices and commissions, except when they are for ^atc^pu/chas-
7 legislative or mihtary purposes. Such rules, regulations and orders '"g^.j'^lgs
8 shall be of general or limited application, and shall, so far as practicable, 1B22.' 545. § 12.
9 be uniform, shall be in conformity with existing laws relative to the pur- 1024! 446'
10 chase of articles and materials made by inmates of penal institutions ^^'^'' '^^'
11 and articles and supplies made by the blind except that such purchase
12 shall be made by or under the direction of the state purchasing agent
13 subject, however, to such approval by the board as would be required
14 if the purchase were made from some other source, and shall include
15 provision for the following:
16 (1) The advertisement for and the receipt of bids for supplies and
17 other property and the stimulation of competition with regard thereto;
18 (2) The purchase of supplies and other property without advertise-
19 ment or the receipt of bids, where the amount involved will not exceed
20 five hundred dollars, when, in the judgment of the state purchasing agent,
21 it is expedient;
22 (3) The purchase of supplies and other property without competition,
23 in cases of emergency requiring immediate action;
24 (4) The purchasing of or contracting for certain supplies, equipment
25 and other property by long or short term contracts, or by purchases or
26 contracts made at certain seasons of the year, or by blanket contracts
27 or orders covering the requirements of one or more departments, offices
28 and commissions;
29 (5) Prescribing the times for submitting estimates for various supplies,
30 equipment and other property;
31 (6) Regulations to secure the prompt delivery of commissary and other
32 necessary supplies;
33 (7) Standardization of forms for estimates, orders and contracts;
34 (8) Standardization of specifications for purchasing supplies, equip-
35 ment. and other property;
36 (9) Standardization of quality, grades and brands to eliminate un-
37 necessary number of commodities or of grades or brands of the same
38 commodity;
39 (10) The purchase of supplies and other property locally, upon per-
40 mission, specific or otherwise, of the state purchasing agent;
41 (II) The use and disposal of the products of state institutions;
42 (12) Disposal of obsolete, excess and unsuitable supplies, salvage and
43 waste material and other property and the transfer of same to other
44 departments, offices and commissions;
45 (13) Storage of surplus supplies, equipment and other property not
46 needed for immediate use;
47 (14) The testing of commodities or supplies or samples thereof;
48 (15) Hearings on complaints in respect to the quality, grade or brand
49 of commodities or supplies;
50 (16) The waiver of rules in special cases.
51 (17) A preference in the purchase of supplies and materials, other
52 considerations being equal, in favor of supplies and materials manu-
53 factured and sold within the commonwealth.
54 Rules, regulations and orders made under this section shall not re-
55 strict otherwise than as provided in this section the several state de-
56 partments, offices and commissions as to the quantity of supplies, equip-
138
COMMISSION ON ADMINISTRATION AND FIN.ANCE.
[Chap. 7.
ment or other property which may be purchased or contracted for, for 57
them, or as to the nature thereof. 58
A copy of the rules, regulations and orders issued under this section 59
and at the time being in force shall be deli\'ered or mailed to any person 60
on request, and the commission shall annually give public notice by 61
advertisement inviting such requests and inviting all persons who desire 62
to bid on state supplies, materials or contracts so to signify in writing 63
by sending their names and addresses to the office of the commission 64
with a statement of the class or classes of supplies, materials or con- 65
tracts on which they desire opportunity to bid. The state purchasing 66
agent, under the direction of the commission, shall maintain a classified 67
list of all persons so signifying such desire and shall make such use of 68
the same for the stimulation of competition as shall be provided by said 69
rules and regulations, having in view the time of delivery, the quantity 70
required, the locality in which deli\er3' is to be made, and any other 71
special circumstances of the case. 72
For the information of the public and of prospective bidders, the state 73
purchasing agent shall keep and maintain a public list or bulletin enu- 74
merating the supplies and materials to be purchased or contracted for 75
and the dates on which bids for the same will be received. 76
Bids shall be opened in public. 77
Removal for
non-com-
pliance with
rules, etc.
1922, 545. § 13.
1923, 362, § 1.
Section 23. Any appointed officer failing to comply with any rule, 1
regulation or order made under the preceding section may, after a hear- 2
ing before the governor and council given to the official concerned, be 3
removed by them. 4
state purchas-
ing agent
to establish
supply office,
maintain
laboratory, etc.
1922, 545, § 14.
1923, 362, § 1.
Section 24. The state purchasing agent shall be provided with 1
quarters in the state house and shall establish a supply office therein. 2
He shall keep on hand a reasonable quantity of office stationery and 3
supplies for the use of executive and adininistrati\e departments and 4
offices. He may maintain a proper laborator\' for the purpose of testing 5
commodities or samples thereof, or may make use of existing facilities 6
suitable for such purpose. 7
To advise with
state institu-
tions making
products suit-
able for needs
of state de-
partments, etc.
1922, 545, § 1.5.
1923, 362, S 1.
Section 25. The state purchasing agent shall advise with the several 1
state institutions that make or are able to make products suitable for 2
the needs of state departments, offices and commissions, and with the 3
heads of such departments, offices and commissions, with a view to as- 4
certaining how best to improve or change such products or the quality 5
or price thereof so as to meet the needs of such state departments, offices 6
and commissions, and may make to such institutions such recommen- 7
dations relating thereto as seem best. 8
Advisory
standardization
board.
1922, ,545, § IB.
1923, 362, § 1.
Section 26. In order best to carry out the provisions of the four 1
preceding sections, and sections fifty-one and fifty-two of chapter thirty, 2
there shall be established an advisory standardization board, consisting 3
of the state purchasing agent as its head and such represcntati\es of the 4
several departments, offices and commissions most affected by said 5
provisions as shall be designated by the heads thereof. Said board shall 6
consider and advise as to the needs of the various state activities, how 7
far they can be reasonably harmonized and covered by standard speci- 8
CbL^P. 7.] COMMISSION ON .'VDMINISTRATION AND FINANCE. 139
9 fications, and what, if any, materials are so lacking in importance or
10 uniformity as to warrant blanket authorization for their local purchase.
1 Section 27. The state purchasing agent shall furnish to the super- state pur-
2 intendent of the Massachusetts reformatory such of the paper used in [ohimlstfcS--
3 the execution of the contract for state printing as he may need to fill MassTchusetta
4 any order for printing received from any department of the common- YQ2™m2!\'i.
5 wealth for printing not included in said contract.
1 Section 28. The division of personnel and standardization may carry Departmental
2 on, under the direction of the commission, departmental research, tend- by division of
.'! ing to greater co-ordination and standardization of administration, in- standardiza-
4 eluding the making of examinations and investigations, and recommen- I'g^i. 545, 5 17.
5 dations based thereon. i^^s, 362, 5 1.
6 It may provide technical advisers to undertake engineering investi-
7 gations in behalf of such departments, offices and commissions as are
S not organized to do such work.
1 Section 29. All departments, officers and commissions before en- Division to
2 tering upon the preparation of any annual or special report, document or st'S^dociT-'^'"''
3 other publication issued by or on behalf of the commonwealth shall pubhca'tfon^^
4 submit careful statements of the scope, and estimates of the size, of ^Jsppea'.
..... r.! 1 .. • r.xceptions.
5 such publication to the division of personnel and standardization which 1923, 362, 5 1.
6 shall examine them and define the form and extent of such publication,
7 determining the number of pages to which it may extend and whether
8 it shall include maps, plans, photogravures, woodcuts or other illustra-
9 tions; and no such publication shall be printed unless it bears the cer-
10 tified approval of said division. An appeal may be taken from any
11 decision of said division hereunder to the finance committee, whose de-
12 cision shall be final. This section shall not apply to publications issued
13 by the officers of either branch of the general court, or issued under
14 special authority given by the general court, or to the regular annual
15 reports of the attorney general, state treasurer, state auditor or state
16 secretary, or to reports of capital trials prepared by the attorney general
17 under section eleven of chapter twelve, or to publications prepared by
18 the state secretary in conformity with sections two ajid four of chapter
19 five.
1 Section 30. The division shall collect at least once in everv fiscal Division to
, . „ . , . . ~, . , " prepare ana
2 vear such information relative to certain officials and employees of the prmt lists
' . . of state
3 commonwealth as shall be furnished to it under section thirty-eight of officials, etc.,
4 chapter thirty, which shall cover the fiscal year preceding. From the ^'laries*""^
5 information so collected it shall keep a record, open to public inspection, '^^^' ^® • * ■
6 showing the name, residence, designation, rate of compensation and date
7 of appointment or qualification of every such official and employee, and
8 any increase in the rate of salary or compensation paid him during the
9 preceding fiscal year. The record shall also contain such other infor-
10 mation concerning such officials and employees as, in the opinion of the
11 division, may be desirable. The comptroller shall, upon request of the
12 division, verify a list of such officials and employees, the amounts and
13 rates of compensation and other information concerning pajTnents to
14 officials and employees about whom information is furnished. The divi-
15 sion shall, on or before April fifteenth m each even numbered year,
140
COMMISSION ON ADMINISTRATION AND FIN.ANCE.
[Chap. 7.
publish a document containing such information concerning said officials 16
and employees in the employ of the commonwealth on the preceding 17
November thirtieth as, in its opinion, may be of public interest. Said 18
document shall contain such summary and comparative tables as will 19
best show the numbers of officials and employees in the service of the 20
commonwealth during the two years preceding said November thirtieth, 21
and during a further period of two years prior thereto, to be arranged 22
in such manner as will make them of the greatest practical utility. 23
The document may be revised or rearranged at the discretion of the 24
division. -5
Commissioners
to decide ques-
tions as to
accounting
standards,
etc., and to
approve con-
tracts by state
purchasing
agent.
1922. 545. § 18.
1923, 362, § 1.
Section 31. The commissioners, acting as a board, shall decide
questions, not involving legislation, which arise on matters relating to
accounting standards and practices other than those relating to the
establishment of the new accounting system proN-ided for by chapter
five hmidred and fort\-five of the acts of nineteen hundred and twenty-
two. Said board shall from time to time authorize such additions to
or deductions from the balance sheet account representing state owned
property in the said new accounting system as it finds consistent with 8
established accounting standards, and no such additions or deductions 9
shall be made without a majority vote of the whole board and a written 10
certification to that effect. Said board shall pass upon all contracts 11
intended by the state piu-chasing agent, and no such contract shall be 12
made without the approval of such board. 13
Cj)mmissioners SECTION 32. In any casc iu which the commissioners act as a board,
Governor to ^^^^ commissioHcr shall have equal voice; and if there is a tie vote upon
deride issue in aiw matter, except such as relates to authorizing additions to or de-
vote."' '"^ ductions from the balance sheet account representing state owned
ilii: lei; I L property, the board shall call upon the governor or the person acting in
his place to decide the issue.
Annual report.
1922, 545, § 20,
1923, 362, § 1.
Section 33. The commission shall anniuilly on the second Wednes-
day in January submit to the general court a printed abstract of its
report, exhibiting a full and accurate statement of the financial condition
and transactions of the commonwealth for the preceding fiscal year, and
as soon as may be tliereafter it shall submit its printed report in detail.
1
2
3
4
5
6
1
2
3
4
5
Contents of
annual report.
1922, 545, § 20.
1923, 362. § 1.
Section 34. Such report shall contain a summary statement of the
receipts into, and payments from, the treasury of the commonwealth
for the preceding fiscal year; a detailed statement of such receipts and
expenditures, including the expense incurred for the support of all
permanent departments, offices, commissions, services and institutions;
and all exceptional and special charges incurred for articles purchased.
The account shall be so constructed as to show the expenses which have
been actually incurred within the fiscal year, whether paid or unpaid at
the end of such year. It shall include all items of accounts of expentli-
ture of interest to the public, and, as far as may be, shall show tlie dif- 10
ferent departments, officers or commissions under whose direction the 11
expenditure was made and the diHercnt officers who have received salaries 12
or other general charges; and no cxpejulirure exceeding five hundred 13
dollars, including separate items, shall be classified under an indefinite 14
head. 15
CiL\ps. 7, S.]
141
1 Section 35. The report shall show the aggregate amount of funded fo°8hol7™dld
2 debt and of all temporary loans at the beginning and end of the fiseal jj^''^'',; P^^
3 year respectively and the balance of increase or decrease in each case, '"parts.
4 and state the cause of such increase or decrease. It shall state whether ibis! 362] § 1. '
5 or not the ordinary expenses of the fiscal year have exceeded the income,
G and show the amount of the balance. It shall contain a particular
7 statement of all transactions affecting the funds belonging to or held in
8 trust by the commonwealth, including new investments of any portion
9 of the same made during the preceding fiscal year, and also of the man-
10 ner in which the income of the school fund has been disbursed. In
11 making such report the commission shall estimate the value of securities
12 at their market value at the time of making its report. The report
13 shall also include a statement of the transactions of the commission in
14 the performance of its duties not directly connected with state finances.
15 Said report may be published in such parts, or separate volumes, as the
16 commission mav determine.
CHAPTER 8.
SUPERINTENDENT OF BUILDINGS, AND STATE HOUSE.
Sect
Sect
1.
Superintendent of buildings.
12.
2.
Appointment and term.
3.
[Repealed. 1
4.
.Appointment of employees.
1.3.
5.
Compensation of employees. Vaca-
14.
tions for scrub women.
15.
6.
Superintendent to direct repairs,
improvements, etc. Exceptions.
16.
7.
Superintendent may repair state
house.
17.
8.
[Repealed.]
18.
9.
Care of state house, etc.
10.
Assignment of rooms in state house.
19.
etc.
19A.
lOA.
Leasing by state departments, etc..
of premises outside of buildings
20.
owned by commonwealth, ap-
proval.
21.
11.
Annual report.
Prevention of trespasses at state
house, etc. Watchmen, etc., to be
armed, etc.
Fees forbidden.
Military museum.
[Repealed.]
Land around state house to remain
open.
Rooms in state house for the several
departments of war veterans.
Records, etc., of such departments,
accessibility, etc.
Portraits of certain former governors.
Memorials of certain former gov-
ernors.
Care and maintenance of the old pro-
\'incial state house.
Establishment of permanent memo-
rials in state house regulated.
1 Section 1. There shall be an officer to be known as the superin- .superintendent
2 tendent of buildijigs, in this chapter called the superintendent. igigTm^l 17.
1 Section 2. Upon the expiration of the term of office of a superin- Appointment
2 tendent, his successor shall be appointed by the governor, with the igfg.'so'o; § n.
3 advice and consent of the council, for three years. The superintendent
4 shall receive such salary as shall be fixed by the governor, with like
5 advice and consent.
1 Section 3. [Repe.\led, 1923, 362, § 9.]
1 Section 4. He may appoint such clerks, engineers, electricians, fire- Appointment
2 men, oilers, mechanics, watchmen, elevator operators, porters, cleaners i'sbsI'mT*^
142
SUPERINTENDENT OF BUILDINGS, AND STATE HOUSE. [ClIAP. S.
1881, 275, § 5. and other persons as may be necessary to enable him to perform his
[881.^128.''' duties. He shall be responsible for the fitness and good conduct of
r^l' w^^il all such employees and may remove them at his discretion. Appoint-
]i\\ p4 ments under this section shall not be subject to chapter thirty-one.
1919,350, §§ 17, 18.
3
4
5
6
Compensation
of employees.
Vacations for
srrub women.
1903, 455.
190.5, 218, § 2.
1906, 232.
1907,359, § 1;
384.
1910. 152; 634.
1914, 667; 684.
1916, 254; 255;
267.
1917, 323.
1918, 242.
1919, 243; 350,
§18.
1920, 221.
1922, 234.
1928, 175.
1931, 301,
§ 53; 372.
Superintendent
to direct
repairs,
improvements,
etc.
Exceptions.
R. S. 13, § 60.
1856, Res. 74.
1857, 65, § 2.
G. S. 14,
§§51. .52. 62.
P. S. 5, §§4. 12.
1887. 128, § 1.
1895. 284, § 1.
R. L. 10,
§§ 4, 17.
Section .5. The pay of scrub women employed by the commonwealth 1
shall be based upon a regular weekly rate of eighteen dollars for thirty- 2
three hours' work. When time is lost or a greater number of hours are 3
worked by them than the aforesaid thirty-three hours, the resulting 4
reductions or additions shall be based upon an hourly rate of fifty-five 5
cents, and they shall be allowed for time off on legal holidays at the 6
regular weekly rate. Scrub women or cleaners regularly employed by 7
the superintendent of buildings shall be paid weekly, and when so em- 8
ployed for a period of at least six months shall be entitled to a vacation 9
each year of two weeks' duration with pay. Such pay shall be based 10
upon the average weekly compensation received by them for the pre- 11
ceding six months' period of employment. 12
Section 6. He shall direct the making of all repairs and improve-
ments in the state house and on the state house grounds. All executive
and administrative departments and officers shall make requisition
upon him for any repairs or improvements necessary in the state house
or in other buildings or parts thereof owned by or leased to the common-
wealth and occupied by said departments or officers.^ Such repairs or
improvements shall be made only upon such requisition signed by the
head of the department or office. This section shall not apply to state
institutions or officers thereof.
1915, 224.
1919, 350,
19, 20.
1923. 362, § 10.
1 Op. A. G. 231.
Op. A. G. (1920) 35.
Superintendent
may repair
state house.
1857, 65, § 2.
G. S. 14, § 62.
P. S. 5, § 12.
1887, 128.
Section 7. If the state house is damaged by fire or other casualty,
during the recess of the general court, the superintendent may make all
repairs necessary for the protection and preservation of the building
without an appropriation therefor.
R. L. 10, § 17. 1919, 350, § 17.
Section 8. [Repealed, 1923, 362, § 9.]
Care of state
house, etc.
R. S. 13, § 60.
G. S. 14,
§§ 51. 52.
P. S. 5, § 4.
1887, 128, § 1.
1895, 284, § 1.
R. L. 10, § 4.
1913, 830, § 3.
1915, 224.
1919, 350,
§§ 17, 18.
1920, 510.
1 Op. A. G.
231.
Section 9. The superintendent shall, under the supervision of the
governor and council, have charge of the care and operation of the state
house and its appurtenances and shall have general charge and o\er-
sight of any other buildings or parts thereof in Boston owned by or
leased to the commonwealth for the use of public officers, and shall see
that the chambers and lobbies of the general court and of its committees
are kept clean and in good onler; shall superintend all ordinary repairs
thereof and shall have charge of the current expenses for the care and
preservation of the state house and its appurtenances, and for the ordi-
nary repairs of the furniture and fixtures therein. _ He shall take proper 10
precautions against damage thereto, or to the furniture, fixtures or other 11
public property therein. There shall be maintained an ade(iuate passage- 12
way for foot passengers from north to south through the east wing or 13
extension of the state house, to be kept open during such hours as the 14
superintendent shall fix. 15
CilAl'. S.] SUPERINTENDENT OF BUILDINGS, AND STATE HOUSE. 143
1 Section 10. He may, under the supervision of the governor and r^ms^sLtl
2 council, assign the rooms in the state house and rooms elsewhere used i9"o'''3|ff'
3 by the commonwealth, and may determine the occupancy thereof in i^'s. P*-
4 such manner as the public service may require; provided, that the §§ 12, is."
5 executive and administrative departments of the commonwealth shall
6 be provided with suitable quarters which shall, so far as is expedient,
7 be in the state house; and provided further, that this section shall not
8 apply to rooms assigned to or used by either branch of the general court
9 or any connnittees or officers thereof, except with the written consent of
10 the presiding officer of the branch using such rooms, or to rooms assigned
11 to or used by joint committees of the general court, except with the
12 written consent of the presiding officers of both branches of the general
13 court, nor shall it apply to the rooms used by the Grand Army of the
14 Republic of the department of Massachusetts under section seventeen,
15 except with the consent of the commander thereof. He shall during the
16 sessions of the general court, upon application of the sergeant-at-arms,
17 assign such rooms as may be required for the use of committees and
18 other purposes.
1 Section lOA. When a state department, commission or board is Leasing by
2 authorized to procure quarters or to occupy premises outside of the ments'!X','ot
3 state house or other building owned by the commonwealth, the execu- Pde^orbi^u-
4 tive and administrative head of such department, commission or board commonweaul
5 shall, in the name and behalf of the commonwealth, execute the lease, jSK^g^g
6 but no such lease shall be valid until approved by the superintendent
7 of buildings and the governor and council.
1 Section 11. The superintendent shall submit an annual report to Annual report.
2 the governor and such other reports as the governor may require. 1923! 36°; § u!
1931. 42G, §132.
1 Section 12. The superintendent shall take proper care to prevent Prevention of
2 any trespass on, or injury to, the state house or its appurtenances, or state house,
3 any other building or part thereof in Boston owned by or leased to the watchmen.
4 commonwealth for public offices; and if any such trespass or injury is armed" eti.
5 committed, he shall cause the offender to be prosecuted therefor. For p^l^'s^^fs^^'
6 any criminal offence committed in any part of the state house or the IIH |^|- ^
7 grounds appurtenant thereto, or in any other building in Boston owned R '- }o. \s. '
8 by or leased to the commonwealth, the superintendent and his watch- 1921! 256!
9 men shall have the same power to make arrests as the police officers of
10 Boston. The superintendent may arm his watchmen and assistant
11 watchmen and, in case of an emergency, may arm and detail as watch-
12 men for extra duty such employees in his department as, in his judgment,
13 the emergency requires for the proper protection of state property under
14 his jurisdiction.
1 Section 13. No fee or reward shall be taken by the superintendent, f||5 forbidden.
2 the sergeant-at-arms or by any person under the authority of either of it. s' 13. §65.
3 them for opening the public rooms in the state house for the view and p s.s, '§ 11. '
4 inspection of visitors. ^- ^- '°' ^ '^■
1919. 350. § IS.
1 Section 14. The superintendent may expend not more than fifteen MiHtary
2 hundred dollars annually for the maintenance of the museum estab- i897;'204.
144
SUPERINTENDENT OF BUILDINGS, AND STATE HOUSE. [ChAP. 8.
R L 10.^5 18.^ lished in the state house for the preservation and exhibition of the regi- 3
^ ' ' mental flags and other mihtary rehcs in the possession of the common- 4
wealth and of other objects connected with the military history of the 5
United States and especially of the New England states. 6
Land around
state house to
remain open.
1894, 532, § 6.
R. L. 10, 5 20.
Section 15. [Repealed, 1924, 361.]
Section 16. The land now taken by the commonwealth about the
state house shall remain an open space, and no railroad or railway shall
be constructed or operated in, upon or over the same. A grant made to
a railroad or railway corporation shall not be construed to include any
portion of said land.
1
1
2
3
4
5
Rooms in ,
state house for
the several
departments
of war
veterans.
1893, 411, § 1.
R, L. 10, 5 21.
1919, Sp. 246,
§ 1.
1920, 511, § 1.
1921, 459, § 1.
1923. 225, 5 1.
Op. A. G. (1920)
116.
Section 17. There shall be set apart and suitably furnished a room 1
or rooms in the state house for the use of the Grand Army of the Republic 2
of the department of Massachusetts, the Massachusetts department of 3
The American Legion, of the United Spanish War Veterans and of the 4
Veterans of Foreign Wars of the United States, respectively, such room 5
or rooms to be under the charge of the state commanders of the respective 6
departments, subject to this chapter. The headquarters thus estab- 7
lished for the first named department shall be used for storing its supplies 8
and property, relics and mementos of the war of the rebellion and for 9
arranging and preserving a history of persons, who served in the army, 10
navy or marine corps during such war in organizations of the common- 1 1
wealth, or of citizens of the commonwealth who served in the regular 12
army, navy or marine corps of the United States, which said depart- 13
ment may collect or desire to preserve. The headquarters thus estab- 14
lished for each of the other departments shall be used for storing and 15
preserving the records and other property of the department and relics 16
and mementos of the World war and Spanish war. 17
Records, etc.,
of such
departments,
accessibility,
etc.
1893, 411,
§§1,2.
R. L. 10, § 21.
1919, Sp. 246,
§§ 1,2.
1920, 511,
§5 1, 2.
1921, 459, § 2.
1923, 225, § 2.
Section IS. The histories, relics and mementos of the Grand Army
of the Republic of the department of Massachusetts and the records of
the Massachusetts department of the United Spanish War \'eteraiis, of
The American Legion and of the Veterans of Foreign Wars of the United
States shall be accessible at all times, under suitable rules and regulations,
to members of the respective departments and to others engaged in
collecting historical information. Whenever any such department
ceases to exist, its records, papers, relics and other effects shall become
the property of the commonwealth.
Portraits
of certain
former
governors.
1890, Res. 58.
1895, Res. 54.
1900, 297,
§§1,3.
R. L. 10, § 22.
1920, 354.
Section 19. The governor, with the advice and consent of the coun-
cil, may expend, for the purpose of procuring portraits of the governors
of the "commonwealth who shall have held office subsequent to May
fourth, nineteen hundred, not more than three thousand dollars for each
such portrait, and such portrait shall be hung in the state house under
the direction of the art commission.
Memorials of
certain former
governors.
1922, 320.
Section 19A. The governor, with the advice and consent of the
council, may, on behalf of the commonwealth, accept or otherwise pro-
cure suitable portraits or other memorials of the governors of the com-
monwealth and also of the governors of the provmce and colony of
Chaps. 8, 9.] superintendent of buildings, etc. state secretary.
145
5 Massachusetts Bay and the colony of New Plymouth. Portraits or
6 other memorials procured under this section shall be submitted to the
7 art commission for approval prior to their installation in the state house
8 which shall be under the direction of said commission.
1 Section 20. There shall be allowed and paid annually by the com- Care and
2 monwealth the sum of fifteen hundred dollars, to be expended under ofthe^oid
3 the direction of the governor and council, for the care and maintenance stTte house.
4 of the old provincial state house in Boston. "^°' ^^*' ^ '■
1918, Sp. 160, § 1.
1 Section 21. No tablet, statue or other memorial of a permanent Establishment
2 character shall be placed in the state house yvithout the approval of the memorials in
„ , state house
6 general court. regulated.
1922, 146.
CHAPTER 9.
DEPARTMENT OF THE STATE SECRETARY.
Sect.
1. State secretary.
2. Deputies, cashier, clerks, etc.
3. Deputies may act, when.
4. Supervisor of public records.
5. Expenditures for certain clerical and
other ser\'ices.
6. Decennial certification of number of
registered voters. Verification. Spe-
cial eniuneration of legal voters.
7. Decennial census. Verification; com-
pilation.
8. Information for authorities taking fed-
eral census.
Sect.
9. State census director and assistants.
Duties. Director, etc., may require
attendance, etc., of witnesses.
10. State registrar of vital statistics.
11. Custody of great seal.
12. Custody of books relating to Maine
lands.
1.3. Custody of stereotype plates.
14. [Repealed.]
1.5. Notice of expiration of commissions.
16. Annual list of designated justices.
17. Annual report.
18. [Repealed.!
19. Documents, etc., may be destroyed.
1 Section 1 . There shall be a department of the state secretary mider state secretary.
2 his supervision and control, organized as provided in this chapter. The r. s.' is,'
3 state secretary shall receive a salary of seven thousand dollars. He shall fs^'.gl's i.
4 make a quarterly return on oath to the governor and council of all fees J^fg; ^J;
5 of office received by him, and give to the state treasurer a bond, in a ^^g|- 3o'q^^-
6 penal sum and with sureties approved by the governor and council, }|55'^^^'!|-
7 conditioned satisfactorily to account for all money received by him in p. s.'i.i. §9.
8 his official capacity.
1876, 218, 5 1. 1888, 385. 1907, 276. 1919, 350, § 27.
1879, 79, § 1. 1892, 262, § 1. 1914, 589. 1929, 318, § 1.
1884, 79. R- L. 5, § 1.
1 Section 2. He may appoint a first deputy, a second deputy, a Deputies,
2 cashier for whose conduct he shall be responsible and from whom he etc. " '
3 may require a bond, and a chief of the archives division. He may also r's.'is;
4 appoint clerks, messengers and other assistants necessary for the prompt f|37%67.
5 despatch of public business. He may also employ such clerical assist- i|«, 9^^
6 ance as he may deem necessary to carry out the laws relative to pri- i846; 217.
146
STATE SECRETARY.
[Chap. 9.
1853,27.5. marles and elections, and such employment and the appointment of
lit: 44o: ^ ^' such deputies shall not be subject to chapter thirty-one.
1857, 269.
1859, 133; 221.
G. S. 14, § 4.
1865, 247, § 5.
1866, 298, § 5.
1873, 377, § 8.
1876, 218, § 2.
1877, 27.
1879, 79, § 2.
1881, 23, § 1; 224.
P. S. 15, § 10.
1883, 48.
1884, 15, § 1.
1885, 87.
1886, 238.
1887, 26.
1889, 101.
1890, 239.
1891, 410.
1892, 262, § 1.
1893, 103; 112.
1895, 402.
1897, 351.
1900, 383.
R. L. 5. § 2.
1902, 364.
1908, 561.
1911, 5.50, § 19.
1912, 362; 522.
1913, 718: 721:
835, §§ 127, 503,
1918, 293, § 34.
1920, 620.
1922. 370, § 1.
1928, 232, § 1.
1931, 301, § 54.
Deputies may
act, when.
1813, 49.
R. S. 13, § 8.
G. S. 14, § 5.
P. S. 15. § 11.
R. L. 5, § 3.
1911, 294.
Section 3. If the secretary is disabled from performing his official
duties, his deputies shall perform the same during such disability. In
the event of a vacancy in the office of secretary, the first deputy shall be
continued in office, and shall perform all statutory duties of the secretary
until a secretary is duly qualified.
1
2
3
4
5
1
2
•">
o
4
Supervisor of SECTION 4. The Secretary shall, with the approval of the governor
im^Re^ios. and council, appoint, and may, with like approval, remove, a competent
Iff,' 2.^^' person to be known as supervisor of public records. Said supervisor,
» hi^' under the supervision of the secretary, shall perform the duties required
mi' tto 1 2i of him by law, and such other duties as the secretary determines. 5
1928, 232, § 2. 1931, 301. § .55.
ExpendHures SECTION 5. The Secretary may expend not more than three thousand 1
cilrkai and doUars annually for such traveling, clerical and other necessary expenses 2
189? ssTTI'. in connection with the duties required of the supervisor of public records 3
wis; 485,S^. under chapter sixty-six as the governor and council ma.\- approve. 4
1919, 350, § 24.
Decennial
certification
of number of
registered
voters.
Verification.
Special
enumeration
of legal voters.
1924, 453, § 1.
Decennial
census.
Verification;
compilation.
1855, 439, § 3.
1857, 60,
§§ 1, 2.
G. S. 20,
§§ 1, 2.
1863, 69,
§§ 1, 3. 7.
1874, 386,
5§ 1, 2, 8.
P. S. 31. § 1.
1884, 181,
§8 1, 18.
1894, 224,
SJ 1. 18.
Section 6. In nineteen hundred and twenty-five and every tenth 1
year thereafter, the registrars of voters, election commissioners or other 2
officials having charge of the registers of voters in each city and town 3
shall certify under oath to the secretary on or before June thirtieth the 4
number of registered voters in their respective cities and towns on the 5
preceding March thirty-first, specifying in the case of cities the number (i
of registered voters in each ward. The secretary may in his discretion 7
verify any such information in such manner as he deems advisable, and 8
for this purpose may inspect the records of said officials and call upon 9
them for such further information as he desires. From the returns so 10
made, with such amendments as the secretary finds necessary to correct 11
any errors or omissions therein, he shall compile the special enumeration 12
of "legal voters required by Articles XXI and XXII of the amendments 13
to the constitution, and shall submit the result thereof to the general 14
court by filing the same with the clerk of the house of representatives 15
as soon as possible thereafter. 1*^
Section 7. In nineteen hundred and twenty-five and every tenth
year thereafter, the mayor of every city and the selectmen of e\-ery town
shall cause a census to be made of the inhabitants of their respective
cities and towns residing therein on March thirty-first, on forms pro-
vided by the secretary, and in accordance with his instructions, and shall
return the same under oath to the office of the secretary on or before
June thirtieth following, together with a sworn statement of the total
of such census. In making such census the services and facilities of
the assessors and police of a city or town shall be available to the mayor
of such citv or the selectmen of such town. The secretary may in his 10
Chap. 9.] state secretary. " 147
11 discretion verify any such census in such manner as he deems advisable, 1904,423,
12 and for this purpose may inspect the records of any city or town and 1909, l'7ir§7;
l.'i call upon the mayor or selectmen for such further information as he ilri4,^fi92,
14 desires. From the returns so made, with such amendments as the |J,1; ]^^
15 secretary may find necessary to correct any errors or omissions therein, |^.|f',-4'
1() he shall compile the census of inhabitants of each city and town required ciY. (ed.'of
17 by Articles XXI and XXII of the amendments to the constitution, and 1924,453, §1.
18 may publish the results thereof in such form as he may determine. ^^^^' ^^'
1 Section 8. The .secretary shall make available for inspection and ^"/"authoHtiea
2 copying by the federal authorities charged with the taking of the United '"■'■"s federal
3 States census such information in his possession as said authorities may 1924, 453, § 1.
4 desire.
1 Section 9. The secretary shall, with the appro\al of the governor state census
2 and council, apixiint, and may, with like approval, remove, a competent aS'ants."
3 person to be known as the state census director. Said director, under Brrertor, etc.,
4 the supervision of the secretary, shall have charge of compiling infor- "enda'Sce^'etc*'
5 mation in connection with said decennial census and enumeration and ?g.r-''4||H-3
G of the enumeration of summer residents under section fourteen of chapter iss?! eo, '§ 2.
C^ o Of) s o
7 one hundred and thirty-eight. He shall perform such other duties as ise's, eg',
S the secretary determines. The secretary may appoint and remove such ism. Res. 102,
9 temporary officers, clerks and other assistants as are necessary to assist Ij'^/;!^"'
10 him in performing the duties required in connection with said enumera- p^^l'gf'' ^ ^■
11 tion and census. Appointments under this section shall not be subject H. 2, 13-15.
12 to chapter thirtv-one. For the ijurposes of such enumeration and §§i,'i5, is.
13 census, the secretary or the state census director may require the at- 1892! 2so!
14 tendance and testimony of witnesses and the production of books and §u*.' 4,^18.
15 documents, and may examine witnesses on oath; and such witnesses Jggy; tso, § 2.
16 shall be examined in the same manner and be paid the same fees as ]^^f' ^fX- 1"*??
17 witnesses m civil actions before the courts. 107, §§ 1, 2.
1904, 423, § 1. 1915, 67; 265, §§ 1, 2. 1924, 4.53, S 1.
1909. 371, §§ 2, 7, 8, 10. 1919, 350, §§ 25, 26. 1928, 232, § 3.
1910, 476. 1920, 157. 1931, 426, § 133.
1912, 560. § 1. G. L. (ed. of 1920) 9. 220 Mass. 609.
1914, 692, §§ 1, 11. §§ 6, 9.
1 Section 10. The state secretary may, with the approval of the state registrar
2 governor and council, appoint and remove a state registrar of vital sta- statistics.
3 tistics, who shall be a competent statistician. The said registrar may, Jgiii 375
4 under the direction of the secretarv, enforce all laws relative to the J-';?. 232, § 4
r • 1 p 1 • 1 • ' 111 1 1931, 301, § 56.
5 registry and return of births, marriages and deatlis, and may prosecute
6 in the name of the commonwealth any violations thereof.
1 Section 1 1 . The state secretary shall have the custody of the great Custody of
2 seal of the commonwealth; and copies of records and papers in his de- 11. s. 13, § s.
3 partment, certified by him and authenticated by said seal, shall be p. ,s.' is,' § 12.
4 evidence like the originals. ^ ^ ^' ^ ^'
1 Section 12. He shall have the custody of the books of records of bo^oksl-eiating
2 grants and conveyances of land formerly held by the commonwealth 5oc^'''9S'' ''""'^■
3 situated in the state of Maine, and of all other books and records relative R l'. 5. § 5.
4 thereto.
1 Section 13. He shall, except as otherwise provided by section four Custody of
2 of chapter sixty-four, have the custody of all stereotype, electrotype, piltes.^^
148
STATE SECRETARY.
[Chap. 9.
1879, Res 5. stcel and copper plates and woodcuts, owned by the commonwealth, 3
R.L.5S^^.^' and may dispose of them as in his judgment the best interests of the 4
commonwealth require. ' 5
Section 14. [Repealed, 1923, 362, § 12.]
1
Notice of
expiration of
commissions.
1865, 2.31, § 1.
P. S. 15, § 14.
1899, 178, 8 1.
R. L. 5, § 8.
Section 15. The secretary shall send by registered mail to every
justice of the peace or notary public a notice of the time of expiration
of his commission, not more than thirty nor less than fourteen days
before such expiration.
1917, 42, 5 3. 1931, 394, § 184.
Annual list of SECTION 16. He shall annually in January send to the town clerks 1
furtfcM*'"' and registrars a list of all justices of the peace designated under section 2
r^^'l: 5*^5 9.*' thirty-nine of chapter two hundred and seven, with the dates of expira- 3
tion of their commissions and notice of any revocation of a designation. 4
Annual report.
1892, 262, § 2;
333. § 4.
1893, 148, § 1.
1896, 443, § 6.
R. L. 5, § 10;
35, § 4.
1905, 321, § 2.
1910, 483.
1914, 447.
1919, 350, § 24.
Section 17. He shall, in addition to the special reports required by
law, make an annual report showing the transactions of his department
for the preceding fiscal year. He shall include therein a report showing
the aggregate vote, both affirmative and negative, on every act or part
of an act which shall have been referred by the general court for accept-
ance or rejection to the voters of any political subdivision of the com-
monwealth or to the city council of any city during the year; the returns
of the number of licenses for the sale of certain non-intoxicating bever-
ages, as defined in section one of chapter one hundred and thirty-eight,
granted by the several towns, the amounts received for the same, and
the votes of the towns on the question of granting the same; the returns
by the sherifl's of the several counties of money received by them and the 12
number of days they have attended upon a court of record and upon the 13
county commissioners, and the abstracts and tabular statements of facts 14
and statistics relative to the trial of cases in the superior court for the 15
several counties prepared from the returns furnished to him as required 16
by section twenty-four of chapter two hundred and twenty-one. He 17
shall also include in such report a record of the work of his department in 18
respect to public records under chapter sixty-six, with recommendations 19
and suggestions relative thereto. 20
1
2
3
4
5
6
7
8
9
10
11
Section IS. [Repealed, 1923, 146, § 1.]
Documents,
etc., may be
destroved.
1887, 43.
R. L. 107, 5 4.
1909. 371, § 9.
19L2, Res. 22.
Section 19. The state secretary, having first obtained authority
from the governor and council, may destroy or sell such documents,
records and papers as in his judgment are of no value; and if sold, the
proceeds thereof shall be paid to the commonwealth.
1919, 350, § 25.
Chap. 10.
ST.\TE TREASURER.
149
CHAPTER 10.
DEPARTMENT OF THE STATE TREASURER.
Sect.
1.
2_
3.
4.
5.
6.
7.
8A.
10.
11.
12.
13.
State treasurer.
Treasurer's bond.
Same subject.
Removal of treasurer.
Deputies and certain other employees.
Certification of certain deposits.
To receive money from the United
States for soldiers' home.
To receive money from the United
States for highways.
To receive money from United States
for forest fire prevention, etc.
Federal Forestry Fund.
Transmission to attorney general of
account of overdue money and
bonds.
Annual report.
Publication of certain statements
relative to metropohtan districts.
Care of funds on death of treasurer,
etc.
Inventory of money, etc., to be taken.
Sect.
14.
15.
IG.
17.
DupMcate receipts by new treasurer
where no vacancy.
To receive, etc., trust funds of
Massachusetts training schools,
establish certain trust funds, make
certain payments, etc.
To receive, etc., trust funds from
department of education, com-
missioner of conservation and
trustees of state library.
To receive and invest trust funds for
institutions under supervision of
department of mental diseases.
BOARD OF RETIREMENT.
IS. Board of retirement.
19. Reimbursement of members.
20. Clerical assistants, etc.
COMMISSIONERS ON FIREMEN'S RELIEF.
21. Commissioners on firemen's reUef.
1 Section 1 . There shall be a department of the state treasurer, under sme treasurer
2 his supervision and control, organized as provided in this chapter. The R. s.' 13,' § 20.
3 state treasurer shall receive a salary of six thousand dollars. 1854', 131, 8 1.
G. S. 15, § 12. 1S72, 204, § 1.
1864, 300. 1879. 80, § 1.
1865, 247, § 1. P. S. 16, § 17.
1866, 298, § 1. 1885, 263.
R. L. 6, § 4.
1907, 276.
1919,308, §1; 350, §§28-31.
1 Op. A. G. 24.
Tre.i3Urer'3
bond.
1789, 15.
1791. 59, § 1.
R. S. 13. § 14.
G. S. 15, §9.
P. S. 16, S 14-
R. L. 6, § 1.
1907, 576, § 61
1909, 256.
1911, .344.
1912, 330.
1 Section 2. The state treasurer shall give bond in the sum of one
2 hundred thousand dollars, with at lea.st three sureties approved by the
3 governor and council, or with a surety company as sole surety as pro-
4 vided in section one hundred and five of chapter one hundred and seventy-
5 five, payable to the commonwealth, conditioned that he and all persons
6 employed in his department shall faithfully discharge their duties and
7 tru.sts; that he shall use all necessary and reasonable diligence and
8 care in the safe keeping and lawful disposition of all money, bonds, notes,
9 papers, books and other things pertaining to his department which shall
10 come to his hands or to the hands of the persons employed by him ; that
11 he shall, upon reasonable notice, render true accounts of his doings when
12 thereto required by law or by the senate or house of representatives;
13 that he shall deliver over to his succe.s.sor in office or to such other person
14 as may be authorized to receive the same all money, bonds, notes, papers,
15 books and other things belonging to said department; and that all
16 balances and defalcations which shall appear against him shall forthwith
17 be paid by him to the commonwealth.
1 Section 3. The bond shall be deposited in the office of the state f^^l^l'Jf^'
2 secretary; and upon the order of the governor, with the advice and con- r. | i.3,' § is.
3 sent of the council, or upon the order of the general court, the attorney p. s' i6.' § is.'
150
STATE TREASURER.
[Chap. 10.
general or any other person by them authorized therefor shall commence 4
an action thereon and prosecute it to final judgment, execution and 5
satisfaction. 6
Removal of
treasurer.
Const, amend.
17.
(Const, Rev.
art. 138.)
1791, 59,
R. S. 13,
G. S. 15,
P. S. 16,
R. L. 6, § 3.
1913, 336,
§§1,3.
1919, 169, § 1
i2.
i 16.
i 11.
: 16.
Section 4. If any person repre.sents on oath that the treasurer is 1
insane or manifestly insolvent, or has absconded or concealed himself, 2
or is absent from the commonwealth or from the duties of his office to 3
the hazard of the public treasury, the governor, with the advice and 4
consent of the council, if upon examination such representation appears 5
to be true, may designate the first deputy treasurer, upon his gi\ing 6
bond to the commonwealth for the faithful performance of his duties 7
in a sum and with sureties approved by them, to perform the duties of 8
the office until the governor, with the advice and consent of the council, 9
otherwise orders. 10
Deputies and
certain other
employees.
1820, 74.
R. S. 13,
§§21,22.
1843, 9.
1845, 105.
1847, 209.
1854, 131.
1855,440, § 1.
1857, 269.
G. S. 15, § 12.
1864, 300.
1865, 247, § 5.
1866, 298, § 5.
1869, 454.
1879, 80, § 2.
P. S. 16, § 17.
1882, 111.
1883, 164.
1885, 15.
1886, 38; 334.
1895, 276; 392.
1896, 326.
1897, 256.
1901, 211.
R. L. 6, § 4.
1903, 398.
1905, 272.
1909, 94.
1910, 126; 151;
230; 265.
1912,7; 632.
1913, 336.
1917, 2; 231.
1919, 169;
350, § 29.
1931. 301, § 57.
Section 5. The state treasurer may, with the consent of the governor 1
and council, appoint, and may for cause with such consent remove, a 2
first and a second deputy treasurer, shall prescribe their respective duties, 3
and, with the approval of the governor and council, shall determine their 4
salaries. During the illness, absence or other disability of the treasurer, 5
his official duties shall be performed by the said deputies in the order of 6
seniority. The treasure^ may employ in his department to assist him 7
in the performance of his duties, other than those in connection with 8
the board of retirement, an accountant, a junior accountant, a paying 9
teller, a warrant teller, an assistant warrant teller, a receiving teller, an 10
assistant receiving teller, a bond clerk, a fund clerk, a warrant clerk, all
record clerk, a messenger and two stenographers and expend for addi- 12
tional clerical and other assistance such sum as may be appropriated 13
therefor. He may employ a suitable person whom, upon his written 14
recommendation, the governor may appoint as a special state police 15
officer for a term of three years unless sooner removed; in employing 16
said person preference shall be gi\'en to persons who have served in the 17
military or naval forces of the United States in time of war and ha\e 18
been honorably discharged from such service or released from active 19
duty therein. All said employees shall give bond to the commonwealth, 20
with sureties to be approved by the treasurer, for the faithful perform- 21
ance of their duties. 22
Certification
of certain
deposits.
1891, 233, § 2.
1901, 281.
R. L. 6, § 6.
Section 6. The state treasurer shall annually certify to the com- 1
missioner of corporations and taxation the average deposits of every 2
corporation or organization required to make deposits in trust with the 3
state treasurer. 4
To receive
money from
the United
States for
soldiers' home.
1890, 373.
R. L. 6, § 7.
To receive
money from
the United
States for
highways.
1918, 18, § 2.
1919, 350,
5 113.
Section 7. He shall receive from the United States all sums of money 1
paid for the benefit of the Massachusetts soldiers' home under authority 2
of any act of congress, and pay them over to the treasurer of said soldiers' 3
home, or to any persons authorized to receive the same, without specific 4
appropriation. 5
Section 8. He shall receive from the United States all sums of 1
money payable to the commonwealtli under any act of congress for the 2
construction of any highways therein. The sums so received shall be 3
expended upon the order or appro\al of the division of highways of the 4
department of public works without specific appropriation. 5
Chap. 10.] state treasurer. 151
1 Section 8A. He shall recei\-e from the United States all sums of '^" ^e<xWe
n 111 111 !• money from
2 monev pa\-able to the coinmoinvealth under any act or congress, pro- umtcd states
* ' c? • 1 for forpst fire
3 viding for co-operation in the prevention of forest fires, by way of reim- prevention.
4 bursement for sums expended by the commonwealth on account of Forestry Fund.
5 such prevention, or otherwise, and any sums allotted to the common- ^^~*' '^'
6 wealth for the purpose of protecting, preserving or developing its wood-
7 lands. The sums so received shall be held as the Federal Forestry
8 Fund and be expended upon the order or approval of the division of
9 forestry of the deiDartment of conser\'ation without specific appropriation.
1 Section 9. He shall annuallv, on the first Monday of Mav, transmit Jransmis.sion
0 1 p 1 1 1 '. . . , to attorney
2 to the attorney general an account of bonds, notes and securities in the general of ac-
3 treasury in which the commonwealth is interested and on which the due money
4 principal or interest remains due and unpaid or of which the conditions is34, 199^'
5 have not been performed, classifying them under distinct heads. ^ '^ '^' ^ ^^'
G. S. 15, § 17. P. S. le, § 21. R. L. 6, § 8.
1 Section 10. He shall annually, on the first Wednesday in January, Annual report.
2 report to the general court a statement of the transactions of his depart- c.'s.' is, § 19.
3 ment for the preceding fiscal year, including a specific statement of all r. L.el'/g^^'
4 warrants remaining unpaid and of the names of the persons in whose i^o^-^n. §2.
5 favor they are drawn.
1 Section 11. He shall annually, as soon after the prorogation of the Publication
2 general court as is practicable, publish a st^atement showing the assess- statements
3 ments for interest, sinking fund and maintenance requirements due me'trp^oUtan
4 from towns in the metropolitan sewerage systems, north and south, met- i^io'''5i'7.
5 ropolitan parks and water districts; a statement showing the several }9}8'f89«2
6 classes of debts incurred for metropolitan di-strict purposes, and the
7 share of the towns in the several districts as measured by the basis used
8 in computing the assessments mentioned in the first statement; and such
9 other statements, if any, as he may deem advisable. The expense of
10 printing shall be apportioned and paid in equal parts from the main-
1 1 tenance funds of the sewerage systems, north and south, the parks system
12 and water system.
1 Section 12. Upon a vacancy in the office of state treasurer, the Care of funds
2 state secretary, with two suitable persons appointed by warrant of the tr"eas'urer,°etc.
3 governor, shall, after notice to the former treasurer, or, if he is deceased, u%'. 13,' 1 17.
4 to his heirs, executors or administrators, and to his sureties or one of p | J|; 1 1"-
5 them, or to such of them as are within the commonwealth, seal up and R- ^- ^' § ^°-
6 secure, in their presence if they attend, all money, papers and other things
7 supposed to be the property of the commonwealth; and they shall give
8 such representatives or sureties, if required by them, a true list of all
9 packages so sealed up and of the places where they are deposited.
1 Section 13. As soon thereafter as may be, and after like notice, the inventory of
2 state secretary and the two persons so appointed shall cause the packages J'o°be takln."
3 to be examined, and a true inventory to be taken of the money and of ^^%] fs; | fg.
4 all bonds, notes, securities, books and such other things pertaining to said p- 1- 1^' 1 1];
5 office as shall be required by the former treasurer or by liis representa- R- L- 6, § ii.
6 tives or sureties. A copy of such inventory shall be deposited in the
7 state secretary's office, and copies shall be given on request to any of
8 said persons. The state secretary and said two persons shall safely keep
152
STATE TREASURER.
[Chap. 10.
all property so inventoried until a treasurer is duly qualified, to whom 9
they shall deliver the same, taking duplicate receipts from him therefor, 10
one of which shall be deposited with the state secretary and the other 11
with the former treasurer or his legal representatives or sureties. 12
Duplicate re-
ceipts by new
treasurer
where no
vacancy.
Const, amend.
17.
(Const. Rev.
art. 1.38.)
1791. 59, § 3.
R. S. 13, § 19.
Section 14. The new state treasurer shall, upon his election or ap- 1
pointment and qualification, give duplicate receipts for all property of the 2
commonwealth transmitted to him, one of which shall be deposited with 3
the state secretary; and such receipts shall be sufficient evidence for his 4
predecessor of the delivery of said property, and shall be his sufficient 5
discharge therefor. 6
G. S. 15, § 22. P. S. 16, § 23. R. L. 6, § 12.
To receive,
etc., trust
funds of
Massachusetts
training
schools,
establish
certain trust
funds, make
certain pay-
ments, etc.
1906, 407,
IS 1, 2.
1927, 241, § 2.
To receive,
etc., trust
funds from
department of
education,
commissioner
of conservation
and trustees
of state
library.
1850, 88.
G. S. 34, § 2.
P. S. 41, § 2.
K. L. 39, § 3.
1923, 301,
§ 2; 376, § 2.
Section 15. The state treasurer may receive from the trustees of
Massachusetts training schools the principal of the various trust funds
conveyed or bequeathed to the said trustees for the use of any institu-
tion of which they are trustees; and upon the request of said trustees
he shall pay out the income of all such funds, and such part of the prin-
cipal as may be subject to the control of said trustees, in such manner
as the trustees may direct, subject to any condition affecting the admin-
istration thereof. The state treasurer may also receive from said trustees
the unclaimed money paid over under section twenty-three A of chapter
one hundred and twenty which shall be held by him as two separate
funds, one to consist of money belonging to former male wards of said
trustees the income of which shall be expended as directed by the said
trustees for the purpose of securing special training or education for or
otherwise aiding and assisting their meritorious male wards, and the
other to consist of money belonging to former female wards of said
trustees the income of which shall be expended for their female wards
in the same manner and for the same purposes as above provided for
their male wards. Upon certificate of the comptroller that a claim
thereto satisfactory to him shall have been established and approved
in writing by the attorney general, the state treasurer shall pay to any
former ward, or to his legal representatives in case of his death, the
amount of money held for his benefit and paid over to the state treasurer
under said section twenty-three A without any accumulations accruing
thereto after such payment over, out of the principal of the fund in
which the money so claimed was held as aforesaid. The said funds, if
in cash, shall be invested safely by the state treasurer, or, if in securities,
he may hold them in their original form or, upon the approval of the
governor and council, sell them and reinvest the proceeds in securities
which are legal investments for the commonwealth sinking funds. He
shall be held responsible for the faithful management of said trust funds
in the same manner as for other funds held by him in his official capacity.
Section 16. He shall invest, reinvest and hold in the name of the
commonwealth any money or securities, or the proceeds thereof, received
from the department of education under section three of chapter sixty-
nine, or from the commissioner of conservation under section one hun-
dred and fifteen of chapter one hundred and thirty-one, under section
two of chapter one hundred and thirty-two or under section one of
chapter one hundred and thirty-two A, or from the trustees of the state
library under section thirty-seven A of chapter six, and shall disburse
the income or principal thereof on the order of the commissioner of the
1
2
3
4
5
6
7
S
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
1
2
•1
o
4
5
6
7
8
9
Chap. 10.] state treasurer. 153
10 department having charge of the work in aid of which the gift or bequest i"?!, 39i, 5 4;
1 1 was made, or on the order of tlie trustees of the state Hbrary in case of §'26.
12 gifts or bequests for the use of the state hbrary; provided, that no dis-
13 position of either income or principal shall be made which is inconsistent
1-1 with the terms of the trust on which the property is held. He shall be
15 responsible on his bond for the faithful management of all such property.
1 Section 17. The state treasurer may receive the principal of any to receive and
2 fund given or bequeathed to the commonwealth or to the department of funds fo7L-
3 mental diseases for the use of insane, feeble minded or epileptic persons un'i"r super-
4 or those addicted to the intemperate use of narcotics or stimulants in p'J^r"me''nt''rtF
5 anv institution or placed under the supervision of said department; and mental dis-
() upon its request he shall expend the income of all such funds, and such imo.'ssa. §2.
7 part of the principal as may be subject to the control of said department, 1919! 350,' § 79.
S in such manner as it may direct, subject to any condition affecting the
9 administration thereof. Said funds shall be invested safely by the state
10 treasurer, and he shall be held responsible for the faithful management
11 of the same in the same manner as for other funds held by him.
BOARD OF RETIREMENT.
1 Section IS. There shall be a state board of retirement serving in Board of
2 the department, consisting of three members, one of whom shall be the igu^sS*'
3 state treasurer, ex officio, who shall be chau-man, a second member iVi9^3^o,''§ 28.
4 elected by the state retirement association established under section two ^®^''' ^^^■
5 of chapter thirty-two from among their number in such manner as the
6 commissioner of insurance may determine, and a third member chosen
7 by the other two. If the third member is not so chosen within thirty
8 days after the election of the second, the governor shall appoint the
9 third member for a term of three years. Upon the expiration of the
10 term of office of an elected, chosen or appointed member or in case of a
11 vacancy in either of said offices, his successor shall be elected, chosen
12 or appointed as aforesaid for three years.
1 Section 19. The members of the board shall serve without compen- Reimburse-
2 sation, but they shall be reimbursed out of the contingent fund provided members.
3 in section four of chapter thirty-two for any expense or loss of salary or §^4'ei^^(|)
4 wages which they may incur through service on the board. All claims i^'^' ^so, §28.
5 for reimbursement on this account shall be subject to the approval of
6 the governor and council.
1 Section 20. The state treasurer may appoint and remove such cleri- clerical as-
2 cal and other assistants as may be required to carry on the work of the i9ii"532';"'
3 state board of retirement. ' *• "' '**•
1919, 350, § 29. 1931, 301, § 58.
COMXUSSIONERS ON FIREMEN's RELIEF.
1 Section 21. There shall be a board to be known as the commis- Commissioners
2 sioners on firemen's relief serving in the department and consisting of relief."'"™ °
3 the state treasurer, ex officio, two members appointed by the governor, ilg?; 274; 5 2!
4 with the advice and consent of the council, and two members appointed ^^l] H^/^Sf,
5 by the Massachusetts state firemen's association. Upon the expiration \^^f 9o%\^'
6 of the term of office of an appointive member, his successor shall be JoJI'lgg^'ao
7 appointed as aforesaid for two years. Any vacancy existing shall be
8 filled for the unexpired term in the mamier of the original appointment.
154
STATE AUDITOR.
LClIAP. 11.
CHAPTER 11.
DEPARTMENT OF THE STATE AUDITOR.
Sect.
1. State auditor.
2. First deputy auditor.
3. [Repealed.)
4. (Repealed.)
6. Deputy.
6. Divisions of receipts and of disbursements.
7. [Repealed.)
8. [Repealed.)
Sect.
9. [Repealed.)
10. [Repealed.]
11. [Repealed.]
12. Auditing of accounts of certain depart-
ments, etc.
13. [Repealed.]
14. [Repealed.]
15. [Repealed.]
State auditor.
1849. 56,
§§ 1. 6.
1854, 131, § 1.
G. S. 15,
§§1,2.
1864, 300.
1865, 247, § 2.
1866, 298, § 3.
1867, 178.
§§1,2.
Section 1. There shall be a department to be known as the depart- 1
ment of the state auditor under his supervision and control, organized 2
as provided in this chapter. The state auditor shall receive a salary of 3
six thousand dollars and shall give to the state treasurer a bond for 4
the faithful performance of his official duties in a penal sum and with 5
sureties approved by the governor and council. G
188.5. 195, § 1.
1.
1870, 380.
1876, 1.56,
1879, 81. §
P. S. 16, §S
1.2.
1885. 195,
1889, 70.
R. L, 6. §1 13, 14.
1902, 177, § 1.
1905. 149, 5 1.
1907, 139, § 2; 276.
1908, 597. § 1.
1919, 309, § 1; 350, § 32.
First deputy
auditor.
1901, 157.
R. L. 6, § 14.
1902, 177, § 1
1905, 149, § 1
1907, 139, § 2
1908. 597, § 2
1911, 294, § 1
1920, 546, § 3,
Section 2. He shall, with the consent of the governor and council,
appoint a first deputy auditor, at a salary to be fixed by the auditor, with
the approval of the governor and council, who shall perform such duties
as may be assigned to him by the auditor and who may be removed by
him for cause at any time, with the consent of the governor and council.
If, by reason of sickness, absence or other cause, the auditor is tem-
porarily unable to perform the duties of his office, the first deputy shall
perform the same until such disability ceases. In tlie event of a vacancy
in the office of auditor, the first deputy shall be continued in office and
shall perform all statutory duties of the auditor until an auditor shall be
duly qualified. The first deputy shall give bond to the commonwealth 1 1
for the faithful discharge of his duties, in a sum not exceeding five 12
thousand dollars. 13
Section 3. [Repealed, 1923, 362, § 13.]
Section 4. [Repealed, 1923, 362, § 13.]
Divisions of
receipts and of
disbursements.
1923, 362, § 15.
1931, 301, § 59.
1
2
o
4
5
6
7
8
9
10
Deputy. Section .5. He may, subject to confirmation by the governor and 1
1919! 52; 69. " council, appoint a deputy in his department at a salary not exceeding 2
1923! 362, §14. thirty-fivc hundred dollars. The requirements of section two as to the 3
bonding of the first deputy shall apply to the deputy appointed hereunder. 4
Section 6. The state auditor may appoint and remove such employ-
ees as the work of the department may require. Said employees shall
be organized in two divisions, namely, the division of receipts and the
division of disbursements. The emjiloyees in the division of receipts
shall be qualified to check actual receipts.
Section 7. [Repealed, 1923, 362, § 13.]
Chaps. 11, 12.] st.\te auditor, attorney general.
1 Section 8. [Repealed, 1923, 362, § 13.]
1 Section 9. [Repealed, 1923, 302, § 13.]
1 Section 10. [Repealed, 1923, 3()2, § 13.]
1 Section 11. [Repealed, 1923, 362, § 13.]
1 Section 12. The department of the state auditor shall annually
2 make a careful audit of the accounts of all departments, offices, com-
3 missions, institutions and activities of the commonwealth, including
4 those of the income tax division of the department of corporations and
5 taxation, and for said purpose the authorized officers and employees of
G said department of the state auditor shall have access to such accounts
7 at reasonable times and said department may require the production of
8 books, documents and vouchers, except tax returns, relating to any
9 matter within the scope of such audit. The accounts of the last named
10 department shall be subject at any time to such examination as the gover-
1 1 nor and council or the general court may order. Said department shall
12 comply with any written regulations, consistent with law, relative to
13 its duties made by the governor and council. This section shall not
14 apply to the accounts of state officers which the director of accounts of
1.5 the department of corporations and taxation is required by law to
16 examine. The department of the state auditor shall keep no books or
17 records except records of audits made by it, and its annual report shall
15 relate onlv to such audits.
155
Auditing of
accounts of
certain
departments,
etc.
1849, 56, §§4,
5, 7.
G. .S. 15.
§§7.8.
1867, 178. 5 6.
P. S. 16, § 6.
R. L. 6, § 21.
1905, 211, § 3.
1907, 139, § 1.
1908, 638. § 1.
1919, 350, § 54.
1923, 362, § 16.
1 Section 13. [Repealed, 1923, 362, § 13.]
1 Section 14. [Repealed, 1923, 362, § 13.]
1 Section 15. [Repealed, 1923, 362, § 13.]
CHAPTER 12
DEPARTMENT OF THE ATTORNEY GENERAL, AND THE DISTRICT
ATTORNEYS.
Sect.
department op the attorney general.
1. Department of attorney general.
Salary, etc.
2. Assistants.
3. Attorney general to appear for com-
monwealth, when.
3A. Investigation of certain claims against
commonwealth. Payment of small
claims.
3B. Indemnification or protection of state
officers, etc., in connection with
actions for personal injuries arising
out of the operation of state-owned
motor vehicles.
Sect.
4. Collection of claims of commonwealth.
Actions, how brought.
Attorney general to advise district
attorneys, etc.
May prosecute informations.
Shall enforce application of charity
funds.
Shall aid and advise general court
and committees thereof.
Powers and duties relative to unlaw-
ful combinations, etc., in restraint
of trade, etc.
Annual report and reports of capital
trials.
5.
6.
9.
10.
11.
156
ATTORNEY GENERAL.
[Chap. 12.
Sect.
DISTRICT ATTORNEYS.
12. District attorneys.
13. Districts for administration of crim-
inal law.
14. Assistant district attorneys, etc.
1.5. Salaries of district attorneys.
16. Salaries of assistant district attorneys,
etc.
17. [Repealed.]
15. Clerk or temporary assistant in cer-
tain cases.
19. Messenger, stenographers, etc., in
Suffolk.
20. Additional legal assistants in Suffolk.
20A. Special assistant district attorney in
Suffolk.
21. Detail for police and detective service
in Suffolk.
Sect.
22.
2.3.
24.
25.
25A.
26.
28.
29.
30.
Clerks and stenographers in northern
and southeastern districts.
Traveling expenses.
Certain expenses to be paid by the
county.
Counties may advance certain ex-
penses.
County treasurers to advance money
to district attorneys when neces-
sary in performance of their duty.
Accounting.
Court may appoint substitute.
General duties of district attorneys.
Suits on recognizances, etc.
Attorney general and district attor-
neys to account for fees.
Prosecuting officers not to receive
certain fees, etc.
Department
of attorney
general.
Salary, etc.
17S6, 84.
1789, 25; 45.
1813, 131, § 1.
DEPARTMENT OF THE ATTORNEY GENERAL.
Section 1. There shall be a department of the attorney general,
under his supervision and control, organized as provided in this chapter.
The attorney general shall receive a salary of eight thousand dollars.
He shall be a member of the bar of the commonwealth.
1832, 130, § 10. 1866, 298, § 2. 1S89, 402, § 1. 1919, 3.5(1, § 33.
R S 13 5 43. 1873; 254. R. L. 7. § 9. 1920, 422.
1849, 186, i 12. 1879, 123, § 1. 1907, 276. 1923, 117.
G. S. 14, § 16. P. S. 17, § 1. 1912, 575, § 1.
Assistants.
1855, Res. 25.
1856, Res. 60.
G. S. 14, 5 10.
1868, 93.
1874, 132.
1879, 123, § 2.
P. S. 17, § 2.
1886, 216.
1888, 425.
1889, 402, I 2.
1896, 490. § 3.
R. L. 7. 8 9.
1903, 357,
§§ 1. 2.
Section 2. He may appoint such assistants as the duties of the
department require and a chief clerk and, with the approval of the gov-
ernor and council, shall fix their compensation. He may appoint a
cashier and, subject to the approval of the governor and council, fix his
salary. Such cashier shall give bond to the commonwealth in such sum
as is determined by the attorney general. He may, with the appro\al
of the governor and council, employ additional legal assi.stance. Ap-
pointments under this section shall be exempt from chajiter thirty-one.
1920, 310. 1930, 102. 238 Mass. 379. 255 Mass. 369.
Attorney
general to
appear for
commonwealth,
when.
1807, 18, § 1.
1809, 31.
1811, 10,
1832, 130, § 8.
R. S. 13,
§§29,30.
1839, 28, § 2.
1843, 99.
1849, 186,
§§2,3,7.
G. S. 14,
§§ 17, 22.
1879, 8.
P. S. 17,
§§ 3, 8.
1892, 159.
1894, 127.
1895, 373.
1896, 490,
§§1,2.
R. L. 7, I 1.
3 Gush. 25.
Section 3. The attorney general shall appear for the commonwealth
and for state departments, officers and commissions in all suits and
other civil proceedings in which the commonwealth is a party or in-
terested, or in which the official acts and doings of said departments,
officers and commissions are called in question, in all the courts of the
commonwealth, except upon criminal recognizances and bail bonds,
and in such suits and proceedings before any other tritninal when re-
quested by the governor or by the general court or either l)ranch thereof.
All such suits and proceedings shall be prosecuted or defended by him
or under his direction. Writs, summonses or other processes served
upon such officers shall be forthwith transmitted by them to him. All
legal services required by such dei)artments, officers, commissions and 12
commissioners of pilots for the harbor of Bo.ston in matters relating V.i
to their official duties shall, except as otherwise provided, be rendered 14
by the attorney general or under his direction. 15
S Cush 330 1 Op. A. G 36. 54. 80, 81, 3 Op. A. G. 425, 596.
187 Mass. 185. 88, 154, 362, .595. 603. 4 Op. AG 451
261 Mass. 523. 2 Op. A. G. 50, 95, 100, 434. Op. A. G. C1917) 60
1
2
3
4
5
6
7
8
9
10
11
Chap. 12.J attorney general. 157
1 Section 3A. The attorney general shall investigate all claims against investigation
2 the commonwealth which may be presented to him, provided there is ciaims'ag'ainst
3 not any statutory authority whereby the claimant may prosecute his payment"™'
4 claim by suit, at law or in equity, against the commonwealth, or any igalilSgs!"^'
5 other mode of redress provided by law. To carry out the pro\isions of
6 this section he may hold hearings, take evidence, administer oaths and
7 issue subpoenas. If after investigation the attorney general finds that
8 any claimant is justly entitled to damages, there shall be paid from the
9 state treasury for settlement in full of such claim from such appropri-
10 ation as may be made by the general court for the purposes of this
11 section such sum, not exceeding one thousand dollars on any one claim,
12 as the attorney general shall determine to be just and reasonable and
1.3 as the governor and council shall approve. Should the attorney general
14 find any claimant to be justly entitled to damages in excess of one thou-
1.5 sand dollars, he shall report to the general court the facts as found by
10 him and his recommendations relative thereto.
1 Section 3B. Upon the filing with the attorney general of a written indemnification
2 request of any officer or employee of the commonwealth or of the met- of Ttate'^'^"""
3 ropolitan district commission that the attorney general defend him hfc°onneetio'n
4 against an action for damages for bodily injuries, including death at any To" peTsonai^
5 time resulting therefrom, arising out of the operation of a motor vehicle ou\"of thg™'°^
6 owned by the commonwealth, including one under the control of said operation of
7 commission, wherein such officer or employee consents to be bound by motor
8 any decision that the attorney general may make in connection with the laai"! 45s, 1 1.
9 trial or settlement of such action, the attorney general shall, if after
10 investigation it appears to him that such officer or employee was at the
1 1 time the cause of action arose acting within the scope of his official
12 duties or employment, take over the management and defence of such
13 action. The attorney general may adjust or settle any such action, at
14 any time before, during or after trial, if he finds after investigation that
15 the plaintiff is entitled to damages from such officer or employee, and in
16 such case there shall be paid from the state treasury for settlement in
17 full of such action from such appropriation as may be made by the
IS general court for the purposes of this section such sum, not exceeding
19 five thousand dollars, as the attorney general shall determine to be just
20 and reasonable and as the governor and council shall approve.
21 If an execution issued on a final judgment in such an action is pre-
22 sented to the state treasurer by an officer qualified to serve civil process
23 and if there is also presented to or on file with said state treasurer a
24 certificate of the attorney general certifying that said execution was
25 issued on a judgment in an action in which he appeared for and defended
26 the defendant in accordance with the provisions of this section, there
27 shall be paid from the state treasury from the appropriation above
2S referred to, the amount of the execution, including costs and interest,
29 up to but not in excess of five thousand dollars.
1 Section 4. He shall enforce the collection of such money due on Collection of
2 the bonds, notes and securities listed in the accounts transmitted to commonwealth.
3 him under section nine of chapter ten, and the performance of such r. s.' 13, § 25.
4 conditions therein referred to as, with due regard to the situation of p |; J|; | J^;
5 the debtors, he may consider that the interests of the commonwealth ^ l- 7, § 2.
6 require.
158
ATTORNEY GENERAL.
[Chap. 12.
Section 5. All civil actions to recover money for the common-
Actions, how
1866, 233, 5 2. wealth mav be brought in the name of the commonwealth by the at-
P. S. 16, § 53. " , , ^ .. .
R. L. 7, § 3. torney general or by a district attorney.
1
2
3
Attorney
general to
advise district
attorneys, etc.
1S32, 130, § 8.
R. S. 13,
§§29,31.
1843, 99, § 2.
1849, 186,
§§ 2, 4.
Section 6. He shall consult with and advise district attorneys in 1
matters relating to their duties; and, if in his judgment the public 2
interest so requires, he shall assist them by attending the grand jury 3
in the examination of a case in which the accused is charged with a 4
capital crime, and appear for the commonwealth in the trial of indict- 5
ments for capital crimes. 6
1850, 46. 1891, 379, § 10. 238 Mass. 379.
G. S. 14, §§ 17, 19. 1893, 324. Op. A. G. (1917) 60.
P. S. 17, § 5. R. L. 7, § 4.
May prosecute
informations.
1849, 186, § 9.
G. S. 14, § 18.
P. S. 17, § 4.
R. L. 7, § 5.
123 Mass. 479.
Section 7. He may, if in his judgment the public interest so re- 1
quires, prosecute informations or other processes against persons who 2
intrude on the land, rights or property of the commonwealth, or com- 3
mit or erect a nuisance thereon. 4
1 Op. A. G. 609, 617,
624, 629, 633, 638, 642,
646, 647, 650, 654, 655.
2 Op. A. G. 631, 632.
635, 640, 642, 646, 649.
3 Op. A. G. 688, 593.
Shall enforce
application
of charity
funds.
1847, 263.
Section 8. He shall enforce the due application of funds given or 1
appropriated to public charities within the commonwealth, and prevent 2
breaches of trust in the administration thereof. 3
1849, 186, § 8.
G. S. 14, § 20.
P. S. 17. § 6.
R L. 7, §6.
5 Gush. 336.
126 Mass. 216.
218 Mass. 378.
256 Mass, 568.
3 Op. A. G. 688, 596.
Shall aid and
advise general
court and
committees
thereof.
1832, 1.30. § 8.
R. S. 13, § 33.
1843, 99, § 3.
1849, 186, § 6.
G. S. 14, § 21.
P. S. 17, § 7.
1900, 373, § 1.
R. L. 7, 8 7.
269 Mass. 503.
Section 9. He shall, when required by either branch of the general
court, attend during its sessions and give his aid and advice in the ar-
rangement and preparation of legislative documents and business, and
shall give his opinion upon questions of law submitted to him by the
governor and council or by either branch of the general court. He, or
some person designated by him, shall, when requested by a vote of a
legislative committee, appear before such committee and advise it upon
the legal effect of proposed legislation pending before it.
1
2
3
4
5
6
7
8
1 Op. A. G. 36.
2 Op. A. G. 125, 405, 570.
3 Op. A. G. Ill, 424,471.
4 Op. A. G. 557.
Powers and_
duties relative
to unlawful
combinations,
etc., in restraint
of trade, etc.
1913, 709,
§§1,2.
1914, 728, § 1.
238 Mass. 379.
Section 10. He shall take cognizance of all violations of law or of
orders of courts, tribunals or commissions affecting the general welfare
of the people, including combinations, agreements and unlawful prac-
tices in restraint of trade or for the suppression of competition, or for the
undue enhancement of the price of articles or commodities in common
use, and shall institute or cause to be instituted such criminal or civil
proceedings before the appropriate state and federal courts, tribunals
and commissions as he may deem to be for the public interest, and
shall investigate all matters in which he has reason to believe that there
have been such violations. To carry out this section, he may appoint
necessary assistants, with such compensation as, with the appro \al 11
of the governor and council, he may fi.x, and may expend such sums as 12
may be approved by the governor and council. In criminal proceedings 13
hereunder he may require district attorneys to assist him and under his 14
direction to act for him in their respective districts. 15
1
2
3
4
5
6
7
8
9
10
Chap. 12.] district attorneys. 159
1 Section 11. He shall make an annual report showing the number Anmmi report
2 of cases tried, argued or conducted by him during the preceding fiscal Sro/piiai'^
3 year, with suggestions and recommendations as to the amendment 1832T130. §8.
4 and the proper and economical administration of the laws. He shall fjli/fi
5 inchide therein a statement of his acts under section nine, with sug- l849'}|o'|4'
6 gestions and recommendations relative thereto. He may, with the p§}y'}P-
7 approval of the governor and council, prepare and publish such reports isse, 214.
8 of capital trials as he deems expedient for public use. One copy shall imo.sTi. §2.
9 be sent to each public and law library in the commonwealth, and the igos,' sa;,*!.
10 balance may be sold, or otherwise disposed of, at the discretion of the ^^'®' ^^*' ^ '•
11 state secretary.
DISTRICT attorneys.
1 Section 12. There shall be a district attorney for each district set District
2 forth in the following section, who shall be a resident therein and a Const, amend.
3 member of the bar of the commonwealth and shall be elected as pro- (Const. Rev.
4 ^•ided by section one hundred and fifty-four of chapter fifty-four. He isor^^ii.
5 shall serve for four years beginning with the first Wednesday of Jan- {^^^l; 1^°' ^ ^■
6 uary after his election and until his successor is qualified. ^^ ^^- ^''■
1848, 16, § 2. 1890, 423, § 189. 1913, 835, 5§ 391,
1852, 196, § 3. 1893, 417, §§ 260, 258. 392. 503.
1855, 27.5, § 2. 1898, 648, §§ 314, 322, 323. 1917, 255, § 1.
1856, 173, §§ 1, 5. R. L. 7, § 11; 11, 1918, 114, § 2.
G. S. 10, § 2; 14, § 28. §§ 325. 326. 1919, 269, § 26.
P. S. 10, § 2; 17, § 12. 1907, 560, §§ 353, 354, 456. 1922, 459.
1 Section 13. For the administration of the criminal law, Suffolk ?dmimstrL°tion
2 county shall constitute the Suffolk district; Middlesex county, the f/^™"^""'
3 northern district; Essex county, the eastern district; Norfolk and {832, i30, § 9.
4 Plymouth counties, the southeastern district; Bristol, Barnstable, §§34, 35.
5 Nantucket anil Dukes counties, the southern district; Worcester county, 1852', we,
6 the middle district; Berkshire and Hampden counties, the western 1855,275, 5 1.
7 district; and Franklin and Hampshire counties, the northwestern p | i"' | f.?-
8 district. r.l. 7,'§ ii7
255 Mass. 369.
1 Section 14. District attorneys of the following districts may appoint Assistant dis-
2 the following officers, as herein specified, and may at their pleasure etc.
3_ ,1 18.56, 67, § 1.
remove them : g. s. u, § 32.
1870, 361. § 2. 1906. 460, § 1. 1916, 287. 1923, 211, § 1.
1874, 164. 1909, 276. 1918, 281. 1924, 265, § 1.
P. S. 17, § 13. 1910, 439, §§2, 3. 1920,451. 192.5, 285, § 1.
R. L. 7, § 12. 1913, 602. 1922, 304, § 1. 1926, 384, § 1.
4 For the Suffolk district, ten assistant district attorneys. 1925, 285, § 1.
1926, 3S4, § 1.
5 For the northern district, an assistant district attorney and three issi, 157.
6 second assistant district attorneys. r. l. 7,'§ 12.'
1910, 310, § 1. 1914, 573, § 1. 1919. 220, §5 1, 4. 1920, 395.
7 For the eastern district, an assistant district attorney, a second ^^l' ^^^^ jg
8 assistant district attorney and a third assistant district attorney. i9i7. 229.
9 For the middle district, an assistant district attorney, a second assist- ^^f^' i57. ^^
10 ant district attorney and a third assistant district attorney. 1920, 320.
1 1 For the southeastern district, an assistant district attorney and a is9i, ii3.
12 second assistant district attorney, and, if in the opinion of the district 1915,' ss
13 attorney the interests of the commonwealth require, with the approval 1 • ■ ■
14 of the chief justice of the superior court, a deputy district attorney.
160
DISTRICT ATTORNEYS.
[Chap. 12.
1897,306 poj. tjjg southern district, an assistant district attorney and a second 15
R. L. 7, 5 12. . . "
1917,284. assistant district attorney. lb
1919, 220, § 2. YoT the westem district, an assistant district attorney and a second 17
assistant district attorney, of whom one shall reside in Berkshire county 18
and the other in Hampden county. 19
Salaries of
district
attorneys.
1870, 361, § 1.
1887, 160.
Section 15. District attorneys shall receive from the common- 1
1845, 36.
1857, 226.
184S, 16, 5 3.
1857, 226.
1852, 196, S 4.
1856, 249.
1845, 14.
1857, 226.
1846, 264.
1852, lUU, 5 4.
1846, 264.
1849, 142.
1855, 275, § 3.
wealth salaries as follows
1832, 130, § 10.
R. S. 13, § 43.
1843, 9.
1859, 216.
G. S. 14, § 29.
1867. 349, § 1.
1868, 4.
1872, 352.
1879, 238, § 1.
1881, 286.
P. S. 17, 5 15.
R. L. 7, § 13.
1905, 1.57, §5 1, 5.
1911, 485, § 1.
1918, 272, §§ 1. 5.
1923, 398, § 1.
225 Mass. 309.
For the Suffolk district, nine thousand dollars.
1912, 576. 1918, 281.
For the northern district, seven thousand dollars.
1858, 118. 1903, 395.
For the eastern district, six thousand dollars.
1858, 118.
For the middle district, six thousand dollars.
1858, 111. 1885, 168. 1889, 250.
1910, 369, § 1.
1917, 242.
For the southeastern district, six thousand dollars.
1858, 118. 1892, 319.
For the southern district, five thousand dollars.
1856, 277. 1888, 267. 1899, 470.
For the western district, four thousand dollars.
1855, 275, § 3.
1914, 326, § 1.
1887, 97.
For the northwestern district, three thousand dollars.
3
4
5
6
7
8
9
10
Salaries of SECTION 16. Assistaut, sccoud assistant and third assistant district 1
t?fct at^ornlys, attomcys and deputy district attorneys shall receive from the common- 2
1868, 4. wealth salaries as follows : 3
p. S. 17. § 15. 1905,157,5 2. 1923, 211, § 2; 398, § 2. 1926, 377, § 1.
1895, 424. 1918. 272, §§ 2, 5. 1924. 265, § 2. 1928, 367, § 1.
R. L. 7. § 13. 1922, 304, § 2. 1925, 337. 225 .Mass. 309.
1856, 67, § 2.
G. S. 14, § 32.
1867, 349, § 1.
1870, 361, § 2.
1873, 89.
For the Suffolk district, two assistants, sixty-five hundred dollars; 4
four assistants, five thousand dollars; two assistants, four thousand 5
dollars; and two assistants, three thousand dollars. 6
1874, 164.
1879, 238, § 2.
1882, 245, § 2.
1887, 160.
1892, 233.
1898, 235.
1902, 471.
190.5, 1.57, § 3.
1906, 460, § 2.
1910, 439, §§ 2, 3.
1913, 602.
1916, 287.
1918, 272, § 3; 281.
1920. 451.
1925, 285. § 2.
1926, 3.84, I 2.
1927, 305, § 1.
For the northern district, assistant, five thousand dollars;
1881, 157.
1903,395. . „ , 1 1 II
1910, 310. § 2. assistants, tour thousand dollars
second 7
8
1917, 304.
1919, 220, §§ I, 3.
1920, 395.
1882, 1.57.
1888, 289.
1902, 530.
1917, 229.
1888, 157.
1893, 138.
1917, 242.
1920. 320.
For the eastern district, assistant, thirty-six hundred dollars; second 9
assistant, three thousand dollars; third assistant, twenty-four hundred 10
dollars. 1 1
For the middle district, assistant, thirty-six hundred dollars; second 12
assistant, three thousand dollars; third assistant, twenty-four hundred 13
dollars. 14
Chap. 12.] district attorneys. 161
15 For the southeastern district, assistant, thirty-six hundred dollars; 1888,267.
16 second assistant, three thousand dollars; deputy district attorney, ism! 297!
17 such compensation as shall be fixed by the district attorney, with the {914; 3^] 5 2.
18 approval of the chief justice of the superior court. ''■''^' *^
1917. 222. 1919. 313. § 1.
19 For the .southern district, assistant, three thousand dollars; second lsu?;306!
20 assistant, twenty-four hundred dollars. ''"^' '^^^■
21 For the western district, assistant, twenty-four hundred dollars; \f^'^^-
22 second assistant, two thousand dollars.
1 Section 17. [Repealed, 1923, 398, § 3.]
1 Section 18. If there is no assistant district attorney, the district ^'^^''o"^^
2 attorney may, with the approval of the superior court, employ a clerk assistant in
3 to aid him; and in the northern, eastern, middle, southeastern, western 1873,278.
4 and northwestern districts, the court may appoint, for the sitting at p. s.'i7. 516
5 which the appointment is made, a competent person to act as an assist- r.^l. 7^^' u"'
6 ant to the district attorney. The compensation of any person employed }^|^; l^-
7 or appointed hereunder shall be paid from the county treasury, or, if W^-^!^^-
8 two or more counties constitute the district, equally from the treasury 1931. 301. § 1.
^ „ , ' n >/ ''255 Mass. 369.
9 01 each.
1 Section 19. The district attorney for the Suffolk district may ap- Messenger,
2 point a messenger and, with the approval of the chief justice of the etc., in suHoiL
3 superior court, such stenographers, telephone operators and other office isrg! 238, § 2.
4 assistants as in his opinion the interests of the commonwealth require. jjis.'Is.
5 The compensation of any person appointed hereunder shall be paid }s89;238;
6 by Suffolk county, and any such person may be removed by said dis- R. ^^ ^^^
7 trict attorney at his pleasure.
1906,460,55 1.2.4. 1918,281. 1921,235.11. 1930, 400, §§ 5, 7-9.
1910,439, §§4-6. 1919,245. 1924, 346, § 1. 1931, 301, § 2.
1 Section 20. The district attorney for the Suffolk district may Additional
2 employ additional legal assistants, with the approval of the chief justice in^lusSk."'"'''
3 of the superior court. The length of time of such employment, which Hit'. 71°' ^ ^'
4 shall in no instance exceed three months, and the amount of compen- ^53 Mass. sie.
5 sation, which shall in no instance exceed two thousand dollars, shall be
6 determined by said district attorney, with the approval of said chief
7 justice. Such compensation shall be paid by the treasurer of Suffolk
8 county upon presentation of bills approved by said district attorney, by
9 said chief justice and by the auditor of said county. In matters con-
10 nected with the work for which he is so employed, an attorney shall
11 have all the powers and authority of an assistant district attorney.
1 Section 20A. The district attorney for the Suffolk district may special as-
2 appoint an attorney-at-Iaw as a special assistant district attorney, whose auorneyTn"°
3 duties shall be the listing and assignment of cases, under the supervision 1927! 244, § 1.
4 of the district attorney, and may remove him at pleasure. Such special
5 assistant shall have all the powers of an assistant district attorney and
6 shall receive from the commonwealth such salary not exceeding four
7 thousand dollars as the district attorney may determine.
1 Section 21. The superintendent of police of Boston shall, upon the Detail for
2 written request of the district attorney for the Suffolk district, detail for Sctertiv"
162
service in
Suffolk.
1906, 460, i 5.
DISTRICT ATTORNEYS.
[Chap. 12.
police and detective service under his direction inspectors or police
officers, not exceeding two in number. Such inspectors or officers shall
receive no extra compensation for services thus rendered, and shall be
subject to the rules and regulations of the police department, unless
relieved therefrom temporarily by said superintendent or by the police
commissioner of Boston.
Clerks and
stenographers
in northern
and south-
eastern
districts.
1914, 573, I 2.
1919, 313, § 2.
1930,400,
§§ 5, 7-9.
1931, 301, 5 3.
Traveling ex-
penses.
1905, 157. 5 4.
1930, 210, § 1.
Section 22. The district attorney for the northern or southeastern
district may employ such persons for clerical or stenographic work as
may be approved by any justice of the superior court, and may remove
them at his pleasure. Their compensation shall be paid, if they were
employed by the district attorney for the northern district, by Middle-
sex county; or if employed by the district attorney for the southeastern
district, by Norfolk and Plymouth counties, one half from each.
Section 23. Except in the Suffolk district, and except as otherwise
provided in section twenty-four of this chapter and in section fifteen of
chapter two hundred and seventy-six, district attorneys and assistant
district attorneys shall receive for traveling expenses necessarily in-
curred in the performance of their official duties such sums as shall be
approved by a justice of the superior court, to be paid by the common-
wealth.
Certain ex-
penses to be
paid by the
county.
1906, 494.
1907, 170.
1930, 210, § 2.
2 0p. A. G. 112.
Section 24. A district attorney, in the name of any county in his
district, may contract such bills for stationery, experts, travel outside
of the commonwealth by witnesses required by the commomyealth in
the prosecution of cases, for necessary expenses incurred by himself or
by officers and others under his direction in going outside of the com-
monwealth for the purpose of searching for or bringing back for trial
persons under indictment in said county, and for such other expenses
as may in his opinion be necessary for the proper conduct of his office in
the investigation of or preparation and trial of criminal causes; and all
such bills shall be paid by the county for the benefit of which they were 10
contracted upon a certificate by the district attorney that they were 11
necessarily incurred in the proper performance of his duty, and upon 12
approval of the auditor of Suffolk county if the bills were incurred for 13
said county, otherwise upon the approval of the county commissioners 14
or of a justice of the superior court. 1^
Counties may
advance cer-
tain ex|jenses-
1910, 439, I 1.
1914, 542.
Section 25. Money to be used for the necessary expenses to be 1
incurred by officers, under the direction of a district attorney, in going 2
outside of the commonwealth for the purpose of searching for, or bring- 3
ing back for trial, persons under indictment in any county in the dis- 4
trict of said district attorney shall be advanced by the treasurer of 5
that county, upon the presentation of a certificate signed by the district 6
attorney and approved in the manner provided in the preceding section 7
for approving bills incurred by district attorneys. After their return, 8
such officers shall account for such money by filing with the county 9
treasurer itemized vouchers duly sworn to, approved by the district 10
attorney and also approved in the manner provided in the preceding 11
section for approving bills incurred by district attorneys. Such vouchers 12
shall show the necessary expenses so incurred, and any unexpended 13
balance of such money shall be paid to the county treasurer. 14
Chap. 12.] district attorneys. 163
1 Section 25A. Money to be used for necessary expenses to be incurred Sl-Js'to'""^
2 in the performance of the duties of a district attorney in relation to any advance money
. . . ... . I . ,. ' . * to district
3 investigation or proceeding in any county in his district, to an amount attorneys when
4 not exceeding two thousand dollars in any one month, shall be advanced p^Formanc'e of
5 to him by the treasurer of said county, or placed to his credit for ad- A(-'cou''n'tmg.
6 vance under his direction to persons designated by him, upon the pres- ^^^®' ^*^'
7 entation of a certificate signed by him certifying that such amount is
8 necessary for use as aforesaid. Every sum so aflvanced shall be ac-
9 counted for by the said district attorney within two months after such
10 ad\ance and said accounts shall be approved in the manner provided in
11 section twenty-four for approving bills incurred by district attorneys;
12 provided, that all sums so advanced by the treasurer of any county
13 during any financial year shall be accounted for, and any unexpended
14 balances thereof be repaid to said treasurer, prior to January tenth next
15 following the close of said financial year.
1 Section 26. The supreme judicial or superior court may at any Court may
2 sitting, in the absence of the attorney general and district attorney, substitute.
3 appoint some suitable person to perform their duties. '*'^^' ^^°'
R. S. 13. § 40. P. S. 17, § 22. 4 Gray. 146.
G. S. 14, § 25. R. L. 7, § 15. 8 Gray, 501.
1 Section 27. District attorneys within their respective districts shall S^iTricI""''
2 appear for the commonwealth in the superior court in all cases, criminal ^gg™''!', j
3 or civil, in which the commonwealth is a party or interested, and in the '832; isb, §9.
4 hearing, in the supreme judicial court, of all questions of law arising in §§38.39.
5 the cases of which they respectively have charge, shall aid the attorney ?§ fi.'li
6 general in the duties required of him, and perform such of his duties as ^'ng^i.
7 are not required of him personally; but the attorney general, when Jf^^' 1*^5 17
8 present, shall have the control of such cases. They mav interchange i ^"s^.' 25
n rt! ■ I 1 ^- ./ .. O 8 Gray. 497.
9 orncial duties. 15 Gray, 447.
123 Mass. 223. I Op. A. G. 73. Op. A. G. (1917) 60.
238 Mass. 379. 2 Op. A. G. 112. Op. A. G. (1918) 77.
1 Section 28. District attorneys shall commence suits upon recog- Suits on
2 nizances in criminal cases within their respective districts within sixty ^«J:°k'^'^^°''«^'
3 days after default has been entered of record, or after they have satis- r &*' r?,*§ lo^;
4 factory evidence of an act which would cause a forfeiture thereof, and ^- ^- ^' * '*•
5 shall prosecute them without delay. Such suits shall not be discon-
6 tinued except with consent of the court or upon a certificate, signed by
7 the sheriff or his deputy and filed in court, that the amount of the recog-
8 nizance and the costs of suit have been paid to him. They may, how-
9 ever, be begun after the expiration of said sixty days.
1 Section 29. The attorney general and the district attorneys shall genemf^„d
2 account to the state treasurer for all fees, bills of costs and money J'^trict at-
3 received by them by virtue of their offices. count" for fees.
1786, 84. R. S. 13. § 45. 239 Mass. 458.
1789, 25; 45. G. S. 14, § 27. 253 Mass. 518.
1813, 131, § 2. P. S. 17, § 24. 1 Op. A. G. 522.
1832, 130, 5 10. R. L. 7, § 20.
1 Section 30. No prosecuting officer shall receive any fee or reward Prosecuting
2e -LUIfr p •• '■ 1- offi'^ers not to
irom or in benali or a prosecutor tor services in any prosecution or busi- receive certain
3 ness to which it is his official duty to attend, nor shall he be concerned isoi.^'il, § 2.
4 as counsel or attorney for either party in a civil action depending upon R*'f ' 1.3.° § 46."'
5 the same facts involved in such prosecution or business. °' ^ ^*' ^ ^®"
p. S. 17, § 25. R. L. 7, § 21. 239 Mass. 458. 253 Mass. 516.
164
DEPARTMENT OF CIVIL SERVICE AND REGISTRATION. [ClIAP. 13.
CHAPTER 13.
DEPARTMENT OF CIVIL SERVICE AND REGISTRATION.
Sect.
1. Organization of department.
DIVISION OF CIVIL SERVICE.
2. Commissioner and associate commis-
sioners.
3. Employees.
4. Organization and meetings of the
board. Deputy commissioner.
5. Certain powers of the associate com-
missioners.
6. Examiners.
7. Certain persons ineUgible as repre-
sentatives of the division.
DIVISION OF REGISTRATION.
8. Director.
9. Certain boards serving in the division.
Offices.
BOARD OP REGISTRATION IN MEDICINE.
10. Board of registration in medicine.
Appointment, etc.
11. Meetings, organization, etc.
12. Examination of chiropodists. Expert
assistance. Compensation, etc.
BOARD OF REGISTRATION OF NURSES.
13. Board of registration of nurses. Ap-
pointment, etc.
14. Meetings, organization, etc.
15. Compensation and expenses.
BOARD OF REGISTRATION IN OrTOMETRV.
16. Board of registration in optometry.
Appointment, etc.
17. Meetings, organization, etc.
18. Compensation and expenses.
BOARD OF DENTAL EXAMINERS.
19. Board of dental examiners. Appoint-
ment, etc.
20. Meetings, organization.
21. Salaries and expenses.
Sect,
board of registration in pharmacy.
22. Board of registration in pharmacy.
Appointment, etc.
23. Meetings, organization.
24. Salaries and expenses.
25. Agent.
BOARD OF REGISTRATION IN ^'ETERINARY
MEDICINE.
20. Board of registration in veterinary
medicine. Appointment, etc.
27. Organization, meetings, etc.
28. Salaries and expenses.
BOARD OF REGISTRATION IN EMBALMING.
29. Board of registration in embalming.
Appointment, etc.
30. Meetings, organization, bond of secre-
tary.
31. Salaries and expenses.
ST.ATE EXAMINERS OF ELECTRICL^NS.
32. State examiners of electricians.
.RD op REGISTRATION OF CERTIFIED
PUBLIC ACCOUNTANTS.
Board of registration of certified public
accnvmtants. Appointment, qualifi-
cations.
Meetings. Chairman and secretary.
Salaries and expenses.
33.
BOARD OF STATE EXAMINERS OF PLUMBERS.
36. State examiners of plumbers. Appoint-
ment, etc. Executive secretary.
37. Meetings.
3.S. Salaries and traveling expenses. Cler-
ical assistance.
BOARD OF REGISTRATION OF BARBERS.
39. Board of registration of barbers. .Ap-
pointment, etc.
40. Meetings, organization, bond of secre-
tary, etc.
41. Compensation, etc.
Organization
of department.
1884, 320, § 1.
R. L. 19, § 1.
1006, 159.
I '.107,344.
I'.llO, fiOS.
lilKi, 297, § 1.
1019, 350.
8§ 03, 64.
Section 1. There shall be a department of civil service and regis-
tration, which siiall consist of a division of civil service and a division
of registration. The commissioner of civil ser\ice and the director of
registration shall act as a board in all matters affecting the department
as a whole.
138 Mass. 001.
ClIAP. 13.] DIVISIONS OF CIVIL SERVICE AND REGISTRATION. 165
DIVISION OF CIVIL SERVICE.
1 Section 2. The division of civil service shall be under the super- Commissioner
2 vision and control of a commissioner of civil service, who shall be the commissioners.
3 executive and administrative head of the division, and two associate R.^L.ii^'u^;
4 commissioners. Upon the expiration of the terra of office of a com- H^f J^|
5 missioner or an associate commissioner, his successor shall be appointed {gJeilgf-ji.
6 by the governor, with the advice and consent of the council, for three i?'|^^|o'
7 years. The commissioner shall receive such salary, not exceeding five
8 thousand dollars, and the associate commissioners such salary, not
9 exceeding two thousand dollars, as the governor and council may deter-
10 mine. The associate commissioners shall not be of the same political
11 party.
1 Section 3. The commissioner may appoint and remove such officers Employees.
2 and employees as the work of the division of civil service may require. §§ i,'2o. '
3 He may expend for such compensation, and for necessary traveling and igsg! 177; 351.
4 other expenses for himself, the associate commissioners and employees ^^[^ H^-
5 of the division whose duties require them to travel, such amounts as are floe.l'sg; 455.
6 annually appropriated therefor. 1907! 344; 454.
1910, 1.S4; 204; COS. 1919, 3.50, § 66. 1 Op. A. G. 382.
1916, 297, §§ 1, 2. 1931, 301, § 60.
1 Section 4. The commissioner and associate commissioners shall amrmeetings
2 constitute a board which may appoint and remove a deputy commis- DppuiyTom'-
3 sioner of the division, determine his powers and duties, and, subject to missioner.
1 •! r" I • • rT\\ 1919, 35U, s Do.
4 the approval of the governor and council, fax ms compensation. Ihe
5 board may authorize the commissioner to organize the division into sub-
6 divisions and to assign officers and employees of the division thereto.
7 Meetings of the board shall be held at least once a month at such times
8 as it may by rule determine, and when requested by any member thereof.
1 Section .5. The associate commissioners or either of them may '^^^^^^^^ ,^
2 require the commissioner or any official or employee of the division associate
3 to give full information, and jjroduce all papers and records, relating mgT'slaTee
4 to any official act performed I)y him.
1 Section 6. The board may designate persons in the official service Examiners.
2 of the commonwealth or of any city, or of any town where chapter thirty- r. l'. i5, '§4.
3 one is in force, who shall, with the consent of the head of the department §§'|4,^|6.'
4 or office in which any such person serves, act as examiners of applicants
5 for any public employment, but no person shall serve as such examiner
6 when any relative or connection by marriage, within the degree of first
7 cousin, is an applicant.
1 Section 7. A person holding an office or position to which he has Certain
2 been elected by the people, or by the aldermen or city council of a city ineligible as
3 or the selectmen of a town, shall not be eligible for appointment to the oFthe division
4 office of representative of the division of civil service. ^^^^' ^^^' ^ ^'
division of registration.
1 Section S. The division of registration shall be under the supervision Director.
2 of a director, to be known as the director of registration, at such salary, i(J26; I'ss'. '
3 not exceeding two thousand dollars, as the governor and council may
166
BOARDS OF REGISTRATION.
[Chap. 1.3.
determine. Upon the expiration of the term of office of a director, his 4
successor shall be appointed by the governor, with the advice and con- 5
sent of the council, for not exceeding two years. 6
Certain SECTION 9. The various boards of registration and examination here-
in the division, after mentioned in this chapter shall serve in the division of registration
fmsso, and shall establish their offices in the state house within the spaces
i92i!426. already or hereafter assigned to the director of registration.
Board of
registration in
medicine.
Appoint-
ment, etc.
1894, 4.58. § 1.
R. L. 76, § 1.
Meetings,
organiza-
tion, etc.
1894, 458,
§§ 2, S.
R. L. 76,
§§2,4.
1902, 505,
§§ 1. 4, 6.
Examination
of chiropodists.
Expert assist-
ance. Com-
pensation, etc.
1917, 202, § 3.
BOARD OF EEGISTR.\TION IN MEDICINE.
Section 10. There shall be a board of registration in medicine, in 1
the two following sections called the board, consisting of seven persons, 2
residents of the commonwealth, who shall be graduates of a legally 3
chartered medical college or university having the power to confer 4
degrees in medicine, and who shall have been for ten years actively 5
engaged in the practice of their profession. No member of said board 6
shall belong to the faculty of any medical college or university, and no 7
more than three members thereof shall at one time be members of any 8
one chartered state medical society. One member thereof shall annu- 9
ally in June be appointed by the governor, with the advice and consent 10
of the council, for seven years from July first following. 1 1
Section U. Said board shall hold regular meetings on the second 1
Tuesdays of March, July and November in each year, and additional 2
meetings at such times and places as it may determine. At the regular 3
meeting in July, it shall organize by the choice of a chairman and secre- 4
tary, who shall hold their offices for one year. The secretary shall give 5
bond to the state treasurer in the sum of five thousand dollars, with 6
sufficient sureties to be approved by the governor and council, for the 7
faithful performance of his official duties. There shall be paid by the 8
commonwealth to the secretary of the board a salary of twenty-five 9
hundred dollars, to each of the other members thereof a salary of three 10
hundred dollars, and to each member thereof his necessary traveling 11
expenses actually incurred in attending the meetings of the board. 12
Section 12. The board, in the examination of applicants for registra- 1
tion as chiropodists, shall have the assistance of two chiropodists, who 2
shall each have practiced chiropody in the commonwealth for not less 3
than five years. They shall be appointed, and may be removed, by the 4
board, and shall act under its direction, and shall each receive in full 5
compensation for his services one hundred and fifty dollars a year. ^ The 6
members of the board who shall be designated by the board to act in the 7
examination of such applicants shall each receive for such services one 8
hundred dollars a year; and such members and the two chiropodists 9
assisting them shall be allowed for their traveling expenses necessarily in- 10
curred such sums as may be approved by the governor and council. 11
Board of
registration
of nurses.
Appointment,
1910, 449, § 1.
BOARD OF REGISTRATION OF NURSES.
Section 13. There shall be a board of registration of nurses, in the
two following sections called the board, consisting of five members, one
of whom shall be the secretary of the board of registration in medicine,
ex officio. Three menibers shall be nurses holding diplomas, each from
a diii'erent training school for nurses giving a course of two years at
Chap. 13.] board.s of registration. 167
6 least in the theory and practice of nursing in a hospital, and each of
7 them shall ha\'e had eight years' experience in nursing the sick. The
8 fifth member shall be a physician who is a superintendent of a hospital
9 having a training school for nurses. Of the four appointive members,
10 one qualified as aforesaid shall annually before October first be ap-
11 pointed by the governor, with the advice and consent of the council,
12 to hold office for four years from said October first.
1 Section 14. The board shall hold regular meetings on the second oJgfo"zlt'ion,
2 Tuesdavs of Januarv, April and October in each vear at the office of ^tf,. .,a .^
* • . T • 1 • 1 1 1 I 1" • I 191U, 44y, s ^.
3 the board of registration m medicme, and it may hold additional nieet-
4 ings at such times and places as it may determine. At the regular
5 meeting in October, it shall organize by electing a chairman, who shall
6 hold office for one year. The secretary of the board of registration in
7 medicine shall be secretary of the board, and shall receive as compensa-
8 tion therefor such sums as may be fixed by the governor and council.
1 Section 15. Each member of the board, except the secretary, shall anT^xplnses"
2 receive five dollars for e\'ery day actually spent in the performance of }|j}0' **f^ 1 1-
3 his duties; provided, that the total sura paid to any member thereof is-'q! 174'.
4 shall not in any one year exceed one hundred and fifty dollars, and the
5 necessary traveling expenses actually incurred in attending the meet-
6 ings of the board. Said compensation and traveling expenses, and any
7 incidental expenses necessarily incurred by the board or any member
8 thereof, shall be paid by the commonwealth; provided, that such com-
9 pensation and expenses shall not be in excess of the receipts for regis-
10 tration paid to the commonwealth by the board.
BOARD OF REGISTRATION IN OPTOMETRY.
1 Section 16. There shall be a board of registration in optometry, in Board of
2 the two following sections called the board, consisting of five members, oplometry.
3 citizens of the commonwealth, all of whom shall have been actually ^^ppomtment,
4 engaged in the practice of optometry as defined in section sixty-six of HHi l'^] ^ ^■
5 chapter one hundred and twelve for the five years next preceding their ^|3\' 4,6, 551,
6 appointment. One member shall annually, in September, be appointed
7 by the governor, with the advice and consent of the council, for five years.
8 No member thereof shall be a stockholder of any school of optometry,
9 a member of the faculty or on the board of trustees thereof, or financially
10 interested in a manufacturing or wholesale optical business.
1 Section 17. The board shall meet on the second Tuesday of October Meetings.
2 in each year, at such time and place as it shall determine, and shall °[^''°'^''"°°'
3 organize by electing a chairman and secretary, who shall be members of ^^^"' ''°'^'
4 the board, and who shall hold their respective offices for one year. The
5 secretary shall give to the state treasurer a bond, with sufficient sureties
6 to be approved by the governor and council, for the faithful perform-
7 ance of his duties. The board shall annually hold regular meetings on
8 the second Tuesdays of February, June and November, and additional
9 meetings at such times and places as it shall determine.
1 Section 18. There shall be paid by the commonwealth to the secre- ^°^p™|^*^°"
2 tary of the board a salary of fi\'e hundred dollars, to each other member 1912, 700. § j.
3 thereof a salary of three hundred and fifty dollars and to each member 192a kes!
168
BOARDS OF REGISTRATION.
[ClL\P. 13.
thereof Ms necessary traveling expenses actually incurred in attending
the meetings of the board, not exceeding four cents a mile each way, and
such other expenses of the board as are incurred under the two pre-
ceding sections or under sections sixty-six to seventy-three, inclusive,
of chapter one hundred and twelve.
Board of
dental
examiners.
Appointment,
etc.
1887, 137, § 1.
R. L. 76, § 24.
Ifll5, 301,
§§1, 14.
BOARD OF DENTAL EXAMINERS.
Section 19. There shall be a board of dental examiners, in the two 1
following sections called the board, consisting of five persons, each of 2
whom shall be a legal resident of the commonwealth, a graduate of a 3
reputable dental college, and a reputable dentist with an actual practice 4
in dentistry in the commonwealth for the ten years next preceding his 5
appointment. No member shall be a member of the faculty or a trustee 6
of any institution engaged in educating dentists or having power to 7
confer degrees in dentistry. One member thereof shall annually in S
April be appointed by the governor, with the advice and consent of the 9
council, for five years. No member shall serve more than two full terms. 10
Meetings,
organization.
1887, 137, § 2.
R. L. 76, § 25.
1915, 301,
§§2, 14.
Section 20. The board shall hold at least two regular meetings in 1
each year in Boston, and shall annually choose from its own number a 2
chairman and a secretary. 3
Salaries and
expenses.
1887, 137, § 7.
R. L. 76, § 27.
1902, 505,
§S 3, 4, 6.
1903. 228.
1915, 301,
§§3, 14.
1920, 424, I 1.
1924,483. i 1.
Section 21. There shall be paid by the commonwealth to the chair-
man of the board a salary of eight hundred dollars, to the secretary
thereof twelve hundred dollars and to the other members thereof six
hundred dollars each, and to each member thereof his necessary traveling
expenses actually incurred in attending meetings of the board. The
board shall keep a record of all money received and expenses incurred
by it, and a duplicate thereof shall be open to public inspection in the
office of the comptroller.
Board of
registration in
pharmacy.
Appointment,
etc.
1885, 313, § 1.
.1896. 397, § 1.
1899, 422, § 1.
R, L. 76, § 10.
1909, 261, § 3.
1927, 81.
BOARD OF REGISTRATION IN PHARMACY.
Section 22. There shall be a board of registration in pharmacy, in
the three following sections called the board, consisting of five persons,
residents of the commonwealth, who shall be skilled pharmacists, and
shall have had ten consecutive years of practical experience in the com-
pounding and dispensing of physicians' prescriptions, and shall actually
be engaged in the drug business. Not more than one member shall
have any financial interest in the sale of drugs, medicines and chemicals
and the compounding and dispensing of physicians' prescriptions in the
same coimcillor district. One member shall annually in November be
appointed by the governor, with the advice and consent of the council,
for five years from December first following.
1
2
3
4
5
6
7
8
9
10
11
Meetings,
organization.
1885, 313. § 2.
1896, 397, § 2.
R. L. 76, § 11.
1909, 261, 5 4.
Section 23. The board shall meet on the first Tuesday of Decem-
ber in each year at such time and place as it may determine, and shall
organize by electing a president and secretary, who shall be members of
the board, and shall hold their offices for one year. The secretary shall
give to the state treasiu-er a boiui, witli sufficient sureties to be approved
by tiie governor and council, for the faithful performance of his official
Chap. 13.] boards of registration. 169
7 duties. The board shall annually hold regular meetings on the first
8 Tuesdays of January, May and October, and additional meetings at
9 such times and places as it shall determine.
1 Section 24. There shall be paid by the commonwealth to the sec- salaries and
2 retary of the board a salary of fifteen hundred dollars, to each of the issl"!?! § s.
3 other members thereof a salary of seven hundred dollars, and to each it^L. 76!'u2.
4 member thereof his necessary traveling expenses actually incurred in W^S^^^qI
5 attending the meetings of the board. i^"^' ^^8-
1914, 384. 1928, 296, § 1.
1 Section 25. The board shall appoint and fix the compensation, with ^^fi^Sis
2 the approval of the governor and council, of an agent who shall be allowed 1922! 441.
3 his necessary traveling expenses. He shall inspect drug stores and make
4 a daily report of his doings pertaining thereto, and report all violations
5 of the laws relating to pharmacy.
BOARD OF REGISTR.\TI0N IN VETERINARY MEDICINE.
1 Section 26. There shall be a board of registration in veterinary Board of
2 medicine, in the two following sections called the board, consisting veterinary
3 of five veterinariajis, residents of the commonwealth and graduates of Appointment,
4 schools of veterinary medicine recognized by the American Veterinary 1953 249, § 1.
5 Medical Association. One member thereof shall annually before De- ^^"6, 503, § 1.
6 cember first be ajjpointed by the governor, with the advice and consent
7 of the council, for five years from January first following.
1 Section 27. The members of the board shall meet on the second nieltrngs.'X".
2 Tuesday of January in each year, at such time and place as they shall ^^°^' ^''9. § 2.
3 determine, and shall immediately organize by electing a chairman and
4 a, secretary, who shall hold their respective offices for one year. The
5 board shall hold regular meetings on the first Tuesdays of March, July
6 and November of each year, and such additional meetings at such times
7 and places as it may determine.
1 Section 28. There shall be paid by the commonwealth to the salaries and
2 secretary a salary of four hundred dollars and his necessary traveling i9o™249. § i.
3 and contingent expenses, not exceeding three hundred dollars, actually ^®°''' ^°'^' ^ *'
4 incurred in attending to the necessary work of the board, and to each
5 of the other members of the board a salary of fifty dollars and his neces-
6 sary traveling and contingent expenses actually incurred in attending
7 the meetings thereof.
BOARD of REGISTR.\TI0N IN EMBALMING.
1 Section 29. There shall be a board of registration in embalming. Board of regis-
2 in the two following sections called the board, consisting of three mem- embaknmg.
3 bers, who shall be skilled embalmers, resident in the commonwealth, who Appointment.
4 have had five years of practical experience in the embalming of human }^^| |^|' | J;
5 dead bodies. One member shall before October first ui each year be
6 appointed by the goAcrnor, with the advice and consent of the counci],
7 for three years from said October first next ensuing. Not more than one
8 member of the board shall be engaged in embalming in the same town.
9 No member shall serve more than two full terms.
170
BOARDS OF REGISTRATION.
[Chap. 13.
Meetings,
organization,
bond of
secretary.
1905. 473. 5 2.
1920, 546. § 4.
Section 30. The board shall hold regular meetings on the first
Tuesdays of January, May and October in each year, and such ad-
ditional meetings at such times and places as it may determine. At
the regular meeting in October, it shall organize by the choice of a
chairman and secretary, who shall be members thereof, and shall hold
their offices for one year. The secretary shall give to the state treasurer
a bond, with such sureties as shall be approved by the governor and
council, for the faithful discharge of his duties.
Salaries and
expenses.
1905, 473, 5 5.
1910, 390.
1916, 305, i 2.
Section 31. There shall be paid by the commonwealth to each 1
member of the board a salary of one hundred dollars, and his neces- 2
sary traveling expenses actually expended in attending meetings thereof, 3
and the incidental expenses of the board, including any sum not ex- 4
ceeding five hundred dollars annually, expended for purposes of in- 5
struction, and for dissemination of new and useful knowledge among 6
and for the benefit of licensed embalmers; provided that such salaries 7
and expenses shall not be in excess of the receipts for registration re- 8
ceived by the state treasurer from the board. 9
State
examiners of
electricians.
1915, 296, § 2
1919. 350.
§§ 57, 65, 101
1931, 301, i 6
STATE examiners OF ELECTRICIANS.
Section 32. The commissioner of civil service, the state fire marshal 1
and the commissioner of education shall constitute the state examiners 2
of electricians. They shall appoint an executive secretary who is a 3
1. wage earner, a citizen of the commonwealth and a practical electrician 4
of at least ten years' experience in the installation of wires and appli- 5
ances for carrying electricity for light, heat or power purposes. The 6
three examiners shall receive no compensation for their services under 7
chapter one hundred and forty-one. They may expend for the salary 8
of the secretary, and for necessary traveling and other expenses for 9
themselves and their employees such sums as are annually appropriated 10
therefor. 1 1
Board of regis-
tration of cer-
tified public
accountants.
Appointment,
qualifications.
1923, 470, § 1.
BOARD OF REGISTRATION OF CERTIFIED PUBLIC ACCOUNTANTS.
Section 33. There shall be a board of registration of certified pub-
lic accountants, in the two following sections called the board, consisting
of five persons, residents of the commonwealth, four of whom shall be
registered certified public accountants and shall have been for seven
years actively engaged in the practice of public accountancy, and one
an attorney at law who has been for seven years actively engaged in the
practice of law.
No member of said board shall belong to the faculty of any school of
accountancy or be financially interested in the management of any such
school or similar institution. Upon the expiration of the term of a
member thereof, his successor, qualified as aforesaid, shall be appointed 11
by the governor, with the advice and consent of the council, for a term 12
of five years. 13
1
2
3
4
5
6
7
8
9
10
Meetings. SECTION 34. The members of the board shall hold meetings at such 1
Chairman and 111 1 1 i e l_ • o
secretary. . time as thcv shall determine and shall annualh' choose irom their own Z
3
1923, 470, § 1.
number a chairman and a secretary.
Salaries and SECTION .35. There sliall be paid bv the Commonwealth to the chulr- 1
1923, 470, §1. nian and secretary a salary of one hundred and fifty dollars each and 2
Chap. 13.) boards of kegistration. 171
3 to each of the other members of the board a salary of one hundred and
4 twenty-five dollars. Said compensation and any other expenses neces-
5 sarily incurred by the board or any member thereof shall be paid by the
6 commonwealth; provided, that such compensation and expenses shall
7 not be in excess of the annual receipts for examination and registration
8 paid to the commonwealth by the board.
BOARD OF STATE EXAMINERS OF PLUMBERS.
1 Section 36. There shall be a board of state examiners of plumbers, state
2 in the two following sections called the examiners, consisting of three plumbers.
3 members, citizens of the commonwealth, of whom one shall have had ^t^^Txerative
4 at least ten years' continuous practical experience as a plumber, one IgM'sse,
5 shall be an engineer and one a builder. As the term of office of a mem- ^Jj'g' |g^ ^ j
6 ber expires, his successor shall be appointed by the governor, with the ^f^^ sso, § %.
7 advice and consent of the council, to serve for three years. The governor i920) 17, § 10.
8 shall designate the chairman of the board and may at any time change loii; 348]
9 such designation. 1926,319.
10 Said board shall appoint an executive secretary who is a citizen of
11 the commonwealth and has had at least ten years continuous practical
12 experience as a plumber. He shall receive such salary as shall be deter-
13 mined by said board, with the approval of the governor and council,
14 and his necessary traveling expenses incurred in the performance of
15 his duties.
16 No member of said board shall be eligible for appointment as execu-
17 tive secretary, nor shall such appointment be subject to chapter thirty-
18 one.
1 Section 37. The examiners shall hold regular meetings at the state Meetings.
2 house on the Tuesday next following the first Monday of January,
3 April and October in each year, and such additional meetings at such
4 times and places as they may determine.
1 Section 38. There shall be paid by the commonwealth to the chair- salaries and
2 man of the examiners a salary of five hundred dollars and to each other l^xpenlef.
3 member thereof a salary of three hundred dollars, and to each member assistance.
4 thereof his necessary traveling expenses actually incurred in attending '^^^' ^^*' ^ ^■
5 meetings of the examiners. The division of registration shall furnish
6 the examiners with such clerical assistance as may be necessary.
BOARD OF registration OF BARBERS.
1 Section 39. There shall be a board of registration of barbers, in Board of
2 this and the following two sections called the board, to be appointed by oFbar'befs"
3 the governor, with the advice and consent of the council, and to consist Appointment,
4 of three members, citizens of the commonwealth, each of whom shall be 55^/' 7'*'
5 a practical barber and shall have had five years of practical experience
6 as a barber in this commonwealth prior to his appointment, and at least
7 one of whom shall be a journeyman barber. No two members of the
8 board shall, while in office, be engaged in practising the occupation of
9 barbering in the same town. As the term of office of a member expires,
10 his successor shall be appointed by the governor, with like advice and
11 consent, to serve for three years. The governor may also, with like
12 advice and consent, fill any vacancy in the board for the unexpired
13 portion of the term.
172
BOARDS OF REGISTRATION.
[Chap. 13.
Meetings,
organization,
bond of
secretary, etc.
1931, 418,
8§1,7.
Section 40. The board shall hold regular meetings at the state 1
house on the first Tuesdays of January, May and October in each year, 2
and such additional meetings at such times and places as it may deter- 3
mine. At the regular meeting in January it shall annually organize by 4
the choice of a chairman and a secretary, who shall be members of the 5
board. Before entering upon the discharge of the duties of his office, 6
the secretary shall give to the state treasurer a bond, with such sureties 7
as shall be approved by the governor and council, conditioned upon the 8
faithful discharge of his duties, and the premium therefor shall be paid 9
from the funds in the state treasury to the use of the board. Such bond, 10
with the approval of the board and with the oath of office endorsed 11
thereon, shall be filed in the office of the state secretary. The board 12
shall have a common seal, and the members thereof may administer 13
oaths. 14
Compensation,
etc.
1931, 418,
§§1.7.
Section 41. The members of the board shall de\ote their full time 1
to the duties of their offices and they shall receive from the common- 2
wealth the following salaries: — the secretary, three thousand dollars 3
and his necessary expenses incurred in the discharge of his official duties, 4
and each of the other two members twenty-five hundred dollars and his 5
necessary expenses so incurred; provided, that the salaries and expenses 0
of the members of the board, and the expenses of the board, shall not be 7
in excess of the receipts for registration and from other sources received 8
by the state treasurer from the board. 9
CiiAi'. 14.1
DEPARTMENT OF CORPORATIONS AND TAXATION.
173
CHAPTER 14.
DEPARTMENT OF CORPORATIONS AND TAXATION.
Sect.
1. Department of oorpnrations and taxa-
tion.
2. Commi.ssioner. Appointment, term
and salary. Bond.
3. Powers and duties of commissioner.
4. Deputy commissioners and other sub-
ordinates.
5. Expenses.
Sect.
6. Duties of deputy commissioners.
7. Certain functions of directors of divi-
sions.
S. Duties and powers of income tax offi-
cers.
9. Income tax districts, etc.
10. Bonds of income tax assessors.
1 Section 1. There shall be a department of corporations and taxa- Department
2 tion, under the supervision and control of a commissioner of corporations amUaiatton. ^
3 and taxation, and consisting of an income tax division, a division of cor- is7o! ill', § If.
4 porations, a division of inheritance taxes, a division of local taxation, a p^lf'/s.^j ,.
5 division of accounts and such other divisions as the commissioner deter- ^^^ h^'sV
6 mines, each division to be in charge of a director.
1907, 5G4, § 1. 1909, 490, III, § 1. 1919, 350, §§ 52, 53.
1 Section 2. Upon the expiration of the term of office of a commis- Commissioner.
2 sioner, his successor shall be appointed for three years by the governor, ternrand'saiary.
3 with the advice and consent of the council. The commissioner shall fs°7o!'224, §6i.
4 receive such salary, not exceeding sevent.y-five hundred dollars, as the }|^8, 155. ^
5 governor and council determine and shall give to the state treasurer a fo^ o^,^?,
6 bond for the faithful performance of his official duties in a penal sum and isso, leo,' § 1.
7 with sureties aj)proved by the governor and council.
1922, 520, § 1.
R. L. 14, § 1.
1907, 564, § 1.
1909,490, III. § 1.
1919, 350, §§52, 53.
1 Section 3. The commissioner shall administer and enforce all laws Powers and
2 which the department is required to administer and enforce, shall assign commissioner.
3 to all officials, agents, clerks and other employees of the department 1919.350,555
4 their respective duties, and may transfer them.
1 Section 4. The commissioner may, with the advice and consent of ^fss"onersand
2 the governor and council, appoint and remove the following officers and ot'wrsubordi-
ri 1 !• • 1 ■ 1 nates.
3 subordinates m his department: is-o, 224. §6i.
4
5
and council;
A deputv commissioner and a second deputv, each at such salarv as 1879! 288^ § 2.
may be fixed by the commissioner, with the approval of the governor p. s.'ii, §97;
13, §2.
1887, 342;
Directors of divisions, at such salary as may be fixed by the commis- tsga^loe.^'
8 sioner, with the approval of the governor and council ;
9
14 of assessors as the governor and council may deem necessary;
1891, 342.
o 1 • ^ • , • , 1895. 175.
Such supervisors 01 assessors, assistants and examiners as the com- isgs, 477:
10 missioner may deem necessary, subject to the approval of the governor 1906, 137.
11 and council, one income tax assessor for each district established by the r. l.'h, 52;
12 commissioner for the assessment and collection of the income tax, and 1964,^99.' *^'
13 such deputy income tax assessors, who may be members of local boards 322'''^^''' ^^'
1907, 79;
664, § 2.
174
DEPARTMENT OF CORPORATIONS AND TAXATION. [ChAP. 14.
1908, 481;
S50, § 1.
1909, 371, 5§ 2
10; 430; 490,
in. §2.
1910, 598, H;
607, §2.
1911, 478, 5 1,
1912, 406,
560, §1.
1913, 706,
792, § 1.
1914, 546, § 1
648, §1;
770, § 12.
1915, 238,
1916, 269.
1917, 159,
1918, 46
1919, 350,
§§ 52, 53, 55.
1920, 245, § S.
1921, 48S, § 2.
1922, 330.
1927, 129.
1928. 302.
1931, 301, 5 62.
1;
§3;
5 6.
5 17.
§2.
103.
A principal appraiser, at such salary as may be fixed by the commis- 15
sioner, with the approval of the governor and council; 16
Such assistants to the director of accounts as may from time to time 17
be necessary to carry out sections forty-four to forty-seven, inclusive, 18
of chapter thirty-five and sections thirty-five to forty-three, inclusive, 19
of chapter forty-four. 20
He may appoint two permanent clerks, and may appoint such assist- 21
ants to the director of the income tax division, and such assistants and 22
clerks to the income tax assessors, as the governor and council may deem 23
necessary. 24
He may appoint from time to time such appraisers as may be neces- 25
sary to appraise property subject to the inheritance tax or to assist 26
him in determining land values under section thirteen of chapter fifty- 27
eight. _ _ 28
He may appoint such additional officials, agents, clerks and other 29
employees as the work of the department requires and may remove 30
them. 31
1887, 438,
§2,
1890. 306.
1898,477;
507. § 3.
R. L. 14,
§5;
21, § 46.
1908, 433,
§1
550, § 1.
1909, 490,
ni.
§§ 2, 5.
1910, 607,
5 2.
Section 5. The commissioner, his deputies, directors of divisions,
assistants, appraisers, examiners and clerks, the supervisors of assessors,
the assistants to the director of the income tax division, and the income
tax assessors and their deputies, assistants and clerks shall be allowed
such reasonable and necessary traveling and other expenses, subject to
section twentj-five of chapter thirty, as are approved by the commis-
sioner.
1911,478, § 1.
1912, 406, § 1.
1914, 546, § 1; 648, § 1;
770, § 12.
1915. 238. § 6.
1916, 173; 209, § 17.
1918. 46, § 1; 103, § 1;
257, § 32.
1919, 5; 349, § 1;
350, § 53.
1920. 2.
1922, 21.
Duties of
deputy
commissioners.
1900,261.
R. L. 110. §1.
1903, 437, § 3.
1907, 564, § 2.
1909, 490,
III, §2.
1913, 792, § 1.
Section 6. The deputy commissioner and the second deputy com- 1
missioner shall perform such duties as may be assigned to them by the 2
commissioner. The deputy commissioner, or in case of a vacancy in 3
his office or in his absence or disability the second deputy commissioner, 4
shall, in case of a vacancy or in the absence or disability of the commis- 5
sioner, perform the duties of the commissioner. 6
1918, 103; 257, § 345. 1919, 5; 350, § 53. 1920, 2.
Certain
functions of
directors of
divisions.
1887, 438, 5
R. L. 21, §■;
1909, 371, §
1911, 59.
1912, 660.
1919, 3.50,
55 52-54.
Section 7. The commissioner shall assign to the several divisions in
the department their appropriate functions. The directors of divisions
shall, under the supervision and control of the commissioner, exercise
the functions assigned to them, and shall also perform such other inci-
dental duties as the commissioner may prescribe. The director of the
division of accounts, who shall be known as the director of accounts,
shall perform the duties required of the department by law in relation to
the compilation of municipal statistics, the auditing of municipal accounts
and the certification of notes of towns and districts. The commissioner
may designate a competent employee in the division of accounts to
perform the duties of the director of accounts in case of his absence, 11
death or disability; and notes of towns and districts, when certified by 12
such employee, shall have the same validity as if certified by the 13
director. 1"*
1
2
3
4
5
6
7
8
9
10
Chap. 14.] department of corporations and taxation. 175
1 Section 8. The director of the income tax division, income ta.x Dutiosand
2 assessors, and deputy income tax assessors shall have such duties and im"metax
3 powers consistent with chapter sixty-two as the commissioner shall lyio^aeg, § u.
4 prescribe.
1919. 350, 5 54.
1 Section 9. For the purposes of chapter sixty-two, the commissioner income tai
2 shall divide the commonwealth into income tax districts, the limits of i9'i'o!'^269r§'i7.
3 which he may change. An income tax assessor need not be a resident
4 of his district, but in making appointments preference shall be given to
5 residents of the district, so far as may be practicable. The commissioner
6 may transfer any income tax assessor from one district to another, and
7 may assign any such assessor to temporary or extraordinary service in
8 any district.
1 Section 10. The commissioner shall require the income tax assessors Bonds of
2 to give bond with such sureties as may be approved by the governor and
3 council.
1916, 269, § 17. 1920, 546, i i.
income tax
asaesaors.
176
DEPARTMENT OF EDUCATION.
[Chap. 15.
CHAPTER 15.
DEPARTMENT OF EDUCATION.
2.
3.
4.
5.
Sect.
1. Department of education.
Commissioner of education.
Advisory board.
Certain duties of commissioner.
Divisions in the department. E.x-
ception.
Directors and clerical assistants.
6. Advisory council, etc., for university
extension and correspondence
courses.
6A. State board for vocational education.
DIVISION FOR THE TRAINING OP DISABLED
SOLDIERS AND SAILORS.
7. [Repealed.]
DIVISION OF PUBLIC LIBRARIES.
8. Division of public libraries.
9. Board of free public library commis-
sioners.
10. Commissioners to serve without com-
pensation. E.xpenses.
11. Agents of the board.
DIVISION OF IMMIGRATION AND AMERICANI-
ZATION.
12. Division of immigration and Ameri-
canization.
Sect.
dn-ision of the blind.
1.3. Division of the blind.
14. [Repealed.]
15. Agents, teachers, etc.
16.
17.
18.
TEACHERS RETIREMENT BOARD.
Teachers' retirement board.
Members to serve without com-
pensation. Expenses.
Clerical assistance.
CERTAIN TRU.STEES AND COMMISSIONERS
SERVING IN THE DEPARTMENT.
19. Certain trustees, etc., serving in the
department.
20.
MASS.iCHUSETTS STATE COLLEGE.
Board of trustees.
TEXTILE SCHOOLS.
21. Boards of trustees.
MASSACHUSETTS NAUTICAL SCHOOL.
22. Commissioners of Massachusetts nau-
tical school.
23. Commissioners to serve without com-
pensation. Expenses.
LOWELL TEXTILE INSTITUTE.
24. Board of trustees.
Department of
education.
1837. 241. 5 1.
G. S. 34, S 1.
P. S. 41, § 1.
R.L. 39, § 1.
1909, 457,
S§ 1, 6.
1919, 3.50,
55 56, 57.
Section 1. There shall be a department of education, in this chapter
called the department, which shall be under the supervision and control
of a commissioner of education, in this chapter called the commissioner,
and an advisory board of education of si.x members, in sections one to
six, inclusive, called the board, of whom at least two shall be women and
one shall be a school teacher of the commonwealth.
1 Op. A. G. 233, 587.
Commissioner
of education.
1837, 241,
l§ 1,2.
1838, 159, 5 2.
1849, 215, § 2.
1853, 49.
G. S. 34,
§§1,4, 8.
Section 2. Upon the expiration of the term of office of a commis- 1
sioner, his successor shall be appointed by the governor, with the advice 2
and consent of the council, for five years. The commissioner shall receive 3
such salary, not exceeding nine thousand dollars, as the governor and 4
council may determine. 5
1862, 212.
1864, 99.
1865, 246.
1867, 276.
1876, 110.
P. S. 41, §§ 1, 4, 8.
1885, 227.
1894, 176.
R. L. 39, §§ 1-3.
1904, 234, 55 1, 3.
1906, .WS, 5 1.
1909, 4.57, §§ 1, 3, 6.
1910, 2S2, 5 1.
1911, 466, § 1.
1912. SO, § 1.
1913. 421, § 1.
1918, 257. § 168.
1919, 5; 350, §§ 57, 58.
1920, 2.
1921, 442.
Chap. 15.] department of education. 177
1 Section 3. The governor, with the advice and consent of the coun- ^J^ory
2 oil, shall annually appoint two members of the hoard for three years jp^. '241, 51.
3 each. The board shall meet at least once a month, and at such other g.'s.'m,
4 times as it may determine by rule and when requested by the commis- rsiI?;
5 sioner or by any three members. The members of the board shall serve HlHi
6 without compensation, but shall be reimbursed for their actual neces- HqW^^^ 52.
7 sary expenses incurred in the performance of their duties.
1906, 503. 5 1. 1911, 46(5, § 1. 1918, 257. § 16S.
1909 457 §§ 1, 6. 1912. 80. ? 1. 1919. 5; 350. §§ 57, 58.
1910;2S2, §1; 491. 1913, 421, § 1. 1920,2.
1 Section 4. The commissioner shall be the executive and adminis- Certain
2 trative head of the department. He shall have charge of the adminis- oommisaioner.
3 tration and enforcement of all laws, rules and regulations which it is S.e'depart-"
4 the duty of the department to administer and enforce, and shall be chair- g^'pti^n
5 man of the board. He shall organize in the department a division of J^°^,457, |3.
(3 public libraries, a division of immigration and Americanization, a divi- igiiUeei^M.
7 sion of the blind and such other divisions as he may determine. Each wis! 421, § i.
8 division shall be in charge of a director and shall be under the general flm' '
9 supervision of the commissioner. Nothing in this chapter shall be con- §^',58,%.^™'
10 strued as affecting the powers and duties of the trustees of the Massa- llfQ'Jis''^-
1 1 chusetts state college as set forth in chapter seventy-five. issi, 144, 5 3.
1 Section 5. Except as otherwise provided in this chapter, directors Directors and
2 of divisions of the department shall be appointed and may be removed a|lstants.
3 by the commissioner, with the approval of the board. The commissioner Itfs, .55J'
4 shall fix the compensation of such directors, subject to the approval of }g'^; 1*4'. 22^'
5 the governor and council. Except in the case of the teachers' retirement Gj fij**;
6 board, the division of public libraries, the division of the blind and in- i|j2. 212.
7 stitutions under the department, the commissioner may appoint such jgjl'246.
8 agents, clerks and other assistants as the work of the department may isvV no]
9 require, may assign them to divisions, transfer and remove them, but §58-10.'
10 none of such employees shall have any direct or indirect pecuniary j|94;i76:
11 interest in the publication or sale of any text or school book, or article }|^^;42|;
12 of school supply used in the public schools of the commonwealth. For Jf°^'|^2-
13 the compensation of such agents, clerks and other assistants as it may ||p3' l^^.
14 employ, for conferences and conventions of teachers held under the woe. sos! 5 1.
15 direction of the department, and for traveling and other necessary Ig^oi 282] § ?:
16 expenses incurred by the members and subordinates, the department }9}2ja'§\^'
17 may be allowed such sums as may annually be appropriated. i^i^, 421, § 1.
1915. 294. §§ 1, 2, 7. 1918. 2.57. 5 168. 1920. 2,
1917, 321, 5 1. 1919, 5; 350, § 60. 1931, 301, § 63.
1 Section 6. The commissioner, with the approval of the board, may Advisory
2 appoint and define the functions of a state advisory council and local for university
3 advisory councils in connection with university extension and corre- correiTpondelice
4 spondence courses, and, subject to section ten A of chapter eight, may Joi5^'"|94,
5 rent suitable offices. §§2,4.
1919. 350, §§ 56, 58. 1931, 426, § 134.
1 Section 6A. The commissioner and the advisorv board of education state board for
', , j, . I vocational
2 are hereby constituted and designated as the state board tor vocational education.
3 education to co-operate with the federal board for vocational education
4 in the administration of the act of congress approved June second, nine-
178
DEPARTMENT OF EDUCATION.
[Chap. 15.
teen hundred and twenty, entitled "An Act to provide for the promo- 5
tion of vocational rehabilitation of persons disabled in industry and 6
otherwise and their return to ci\il employment" and to secure for the 7
commonwealth the benefits thereof. For the purpose of carrying out 8
the provisions of section twenty-two A of chapter se\-enty-four the said 9
state board for vocational education shall be furnished with suitable 10
quarters in the state house and may expend for salaries and other neces- 11
sary expenses such amount as shall annually be appropriated therefor 12
by the general court, together with any funds received by the state 13
treasurer from the federal government under the provisions of said act. 14
division for the training of disabled soldiers and sailors.
Section 7. [Repealed, 1931, 426, § 1.] 1
division of public libraries.
°'biflib?Iri s Section 8. The division of public libraries shall consist of the board 1
1919, 350. § 59. of free public library commissioners, the chairman of which shall be the 2
director of said division. 3
Board of free
public library
commissioners.
1890, 347, 5 1.
1897, 134.
R. L. 38, § 11.
Section 9. The board of free public library commissioners, in sec-
tions nine to eleven, inclusive, called the library board, shall consist of
five persons, residents of the commonwealth, one of whom shall annually
be appointed by the governor, with the advice and consent of the coun-
cil, for five years. The governor shall designate the chairman of the
library board.
Commissioners SECTION 10. No member of the library board shall receive any com- 1
without com- pensation, but it may annually expend not more than the amount appro- 2
priated for clerical assistance and for other necessary expenses. 3
1890, 347, § 6. 1910, 396, § 2. 1918, 127.
R. L. 38, § 12. 1914, 373, § 2.
pensation.
Expenses.
boarT"^""^ Section 11. The library board, with the consent of the governor 1
1913' ill' 1 1' ^""^ council, may appoint a general secretary and adviser for not ex- 2
1914', 522I ' ceeding three years, whose salary shall be paid from the appropriation 3
193I; 30L § 64. authorized by the preceding section. The library board, Mith the con- 4
sent of the governor and council, may also appoint an agent for a term 5
not exceeding five years and an agent or secretary who shall also direct 6
work in libraries for the benefit of the alien population of the common- 7
wealth. The library board, by a majority vote of its members, may 8
remove from office any person appointed under this section. 9
Divi-sion of
immigration
and Ameri-
canization.
1917, 321, §
1919, 3.50, §
1920, 72.
1921, 449, §
1927. 7.
DIVISION OF IMMIGR.\TI0N AND AMERICANIZ.\TION.
Section 12. The division of immigration and Americanization shall 1
consist of a director and an advisory board of six persons. Upon the 2
expiration of the term of office of a director of the division, his successor 3
shall be appointed for five years by the governor, with the advice and 4
consent of the council. Two members of the advisory board shall be 5
appointed annually for three years each, by the governor, with like 6
advice and consent. Said board shall meet quarterly and at such times 7
as may be determined by the director; provided, that a special meeting 8
ClL\P. 15.] DEPARTMENT OF EDUCATION. 179
9 shall be called by the director on the written request of any three mem-
10 bers. The director and members of said board shall receive no com-
11 pensation for their services, but shall be reimbursed for their actual
12 necessary expenses incurred in the performance of their duties.
DIVISION OF THE BLIND.
1 Section 13. The division of the blind shall consist of a director, at Division of the
.,,..,. blind.
2 such salary as the governor and council may determme, and an advisory looo, sss,
3 board of five members who shall serve without compensation. Upon igig. 266,
4 the expiration of the term of office of a director, or of a member of the 1919, Iso. §59.
5 advisory board, his successor shall be appointed for five years by the i^^s, 286, § 1.
6 governor, with the advice and consent of the council. Said director
7 and members of the advisory board shall be reimbursed for expenses
8 necessarily incurred in the performance of their duties.
1 Section 14. [Repealed, 1925, 286, § 1.]
hers, etc.
1 Section 15. The director, with the advice of the advisory board, ^efchers
2 shall appoint or employ such subordinate officers, agents, teachers and J^J^ ^|g; 1 1;
3 clerks as may be necessary, and may remove them; but no person Jgai' 5oi' § is.
4 appointed or employed by him shall be a member of the advisory board.
teachers' RETIREMENT BOARD.
1 Section 16. The teachers' retirement board shall consist of the com- Teachers'
2 missioner of education, ex officio, a second member elected by the board.
3 teachers' retirement association established under section seven of mb; 350,' §61.
4 chapter thirty-two from among their number, in a manner approved by
5 said board, and a third chosen by the other two. Upon the expiration
6 of the term of office of an elected member or in case of a vacancy in said
7 office, his successor shall be elected for three years as aforesaid. Upon the
8 expiration of the term of office of a third member or in case of a vacancy
9 in said office, his successor shall be chosen by the other two and shall
10 serve for one year.
1 Section 17. The members of the retirement board shall serve with- Members to
2 out compensation, but they shall be reimbursed from the expense fund compe^nsatlon.
3 of the retirement association for any expenditures or loss of salary or fgTs;"!!!; § 4.
4 wages which they may incur through serving on said board. All claims ^^^^- ^^°' ^ ^i-
5 for reimbursement on this account shall be subject to the approval of
6 the governor and council.
1 Section 18. The retirement board may employ a secretary, who clerical
2 shall give bond, and also necessary clerical and other assistance.
1913, 832, § 4. 1919, 350, § 61. 1920, 546, § 4. 1931, 301, § 66.
CERTAIN TRUSTEES AND COMMISSIONERS SERVING IN THE DEPARTMENT.
1 Section 19. The trustees of the Massachusetts state college, the Certain trus-
lpps etc
2 board of commissioners of the INIassachusetts nautical school, the trus- servinginthe
3 tees of the Bradford Durfee textile school of Fall River, the trustees of ulig'sSorl'se.
4 the Lowell textile institute and the trustees of the New Bedford texi;ile HHi Hi] | i;
5 school shall serve in the department.
180
DEPARTMENT OF EDUCATION.
[ClLU". 15.
Board of
trustees.
1863,220, § 1.
1864, 223, § 1.
1871, 378, § 1.
1884, Res. 50.
1889, 45, § 1.
1918, 262, § 2.
1919, 350, § 62
1931, 144, § 5.
MASSACHUSETTS STATE COLLEGE.
Section 20. There shall be a board of trustees of the Massachusetts 1
state college, consisting of the governor, the commissioner of education, 2
the commissioner of agriculture and the president of the college, ex officiis, 3
and not more than fourteen appointive members. Upon the expiration 4
of the term of office of any appointive member, his successor shall be 5
appointed for seven years by the governor, with the advice and consent 6
of the council. The appointive members shall serve without compen- 7
sation, but their personal and inciflental expenses shall be paid as are 8
those of trustees of other public institutions. 9
Boards of
trustees.
1895, 475,
§§ 1-3.
1899, 299,
§§ 1-3.
1901, 175, § 1.
R. L. 125,
§§ 20-22.
1918, 246, § 2;
248, § 2.
1919, 350,
§§ 56, 62.
1928. 135, 5 2.
165 Mass. 419.
TEXTILE SCHOOLS.
Section 21. There shall be boards of trustees for the Bradford 1
Durfee textile school of Fall River and for the New Bedford textile 2
school, each consisting of fifteen appointive members and the_ commis- o
sioner of education or a member of the advisory board of education desig- 4
nated by him, as an ex officio member, and the mayor and superintendent 5
of schools of Fall River and of New Bedford shall be additional members G
ex officiis of said boards, respectively. Upon the expiration of the term 7
of office of an appointive member, his successor shall be appointed for 8
three years by the governor, with the advice and consent of the council. 9
MASSACHUSETTS NAUTICAL SCHOOL.
Commissioners Section 22. There shall be a board of commissioners of the Massa-
OI iVlrtSSd." , . „
chusensjauti- chusctts uautical school serving in the department and consisting ot
i89i! 40°2; u. three citizens of the commonwealth, one of whom shall annually before
1913, 224. § i. July first be appointed by the governor, with the advice and consent of
^^' ' ' ■ the council, for three years from said day.
Commissioners Section 2.3. The Commissioners shall serve without compensation, 1
out com- {j^,t gi;,aii bg reimbursed for expenses actually incurred in the periorm- Z
pensation. ,. i • rr" • i i • Q
E.tpenses. ance 01 their official duties. «*
1891, 402, § 2. R. L. 45, § 2.
Board of
trustees.
1895, 475,
§§ 1-3.
1899, 299,
§§ 1-3.
R. L. 12.5,
§§ 20-22.
1905, 216.
1906, 275.
1918, 274,
1919. 3.50,
5§ 56, 62.
§2.
LOWELL textile INSTITUTE.
Section 24. There shall be a board of trustees for the Lowell tex-
tile institute consisting of fifteen appointive members and the comniis-
sioner of education or a member of the advisory board of education
designated by him and the mayor of Lowell, as ex officiis members.
Upon the expiration of the term of office of an appointive member, his
successor shall be appointed for three years by the governor, with the
advice and consent of the council.
G. L. (ed. of 1920) 15, § 21. 1928, 135, § 3.
Chap. 16.]
DEP.'iJlTMENT OF PUBLIC WORKS.
181
CHAPTER 16.
DEPARTMENT OF PUBLIC WORKS.
Sect.
1. (Repealed.)
2. Department of public works, com-
missioner and associate commis-
sioners.
3. [Repealed.]
Sect.
4. Commissioner. Powers and duties.
Concurrence of associate commis-
sioners, wlien required.
5. Registrar of motor vehicles.
6. Rules and regulations.
7. Annual report.
1 Section 1. [Repealed, 1927, 297, § 1.]
1 Section 2. There shall be a department of pulilic works which shall
2 be under the supervision and control of a commissioner of public works
3 and two associate commissioners. Upon the expiration of the term of
4 office of a commissioner or an associate commissioner, his successor
5 shall be appointed for three years by the governor, with the advice and
6 consent of the council. The commissioner shall receive such salary,
7 not exceeding seventy-five hundred dollars, and the associate commis-
8 sioners such salaries, not exceeding six thousand dollars, as the governor
9 and council may determine. The commissioner and associate commis-
10 sioners shall be allowed their actual traveling and other necessary
11 expenses.
Department of
public works,
commissioner
and associate
commissionera.
1866, 149, § 1.
1S77, 213.
§8 1-3.
1879, 263, § 1.
1881, 287, § 1.
P. S. 19. § 1.
1893, 298;
476, § 1.
1898, 528;
1900, 474,
«1, ^
R. L. 47,
96, § 1.
1906, 433, § 1.
572.
§1;
1911, 748, § 1.
1914, 712, § 1.
1916, 288, §§ 1, 2.
1917, 344, I, § 1, VIII, § 1.
1919, 350, §§ 111, 112.
1927. 297, § 2.
1 Section 3. [Repealed, 1927, 297, § 1.]
1 Section 4. The commissioner shall be the executive and adminis-
2 trative head of the department. He shall approve all contracts made
3 by the department, and may require any of the expenditures of the
4 department to be submitted to him for approval. Except as otherwise
5 expressly provided, the concurrence of at least a majority of the com-
6 missioner and associate commissioners shall be necessary in every official
7 act of the department. The commissioner may appoint and remove
8 such officials and employees as the work of the department may require.
9 Pie may from time to time assign to such officials and employees such
10 duties as the work of the department may require, except where especially
1 1 assigned by law.
Commissioner.
Powers and
duties.
Concurrence
of associate
commissioners,
when required.
1866, 149, § 2.
1879, 26.3, § 2.
1881, 287, I 2.
P. S. 19, § 2.
1893, 476, § 1.
1 S9S, 52^.
1900, 474, § 1.
R. L. 47, § 1;
96. § 2.
1911, 74.S, 5 2.
1916, 288, § 3.
1917, 344, I,
§ 1, VIII, § 1.
1919, 3.50, § 114.
1927, 297, § 3.
1931, 301, 5 67.
4 Op. A. G. 619.
1 Section 5. The commissioner shall appoint and may remove, sub- Registrar of
2 ject to the approval of the governor and council, an official to be known i'9i9"V5o,"^^
3 as the registrar of motor vehicles, and may, with like approval, fix his ^ '^^'
4 compensation.
182
DEPARTMENT OF PUBLIC WORKS.
[Chap. 16.
Rules and
regulations.
1876,
122,
8 1.
PS.
53, §
! 2S.
R. L.
52,
§26.
1906.
353,
§8 1,
2.
1909,
534,
§5 27
, 31.
1917,
344,
V,
§33,
VIII
, §1.
1919,
350,
§ 116
1922,
■534,
5 2.
1927,
297,
§4.
Annual report.
1866,
149,
8 8.
1879,
263,
§3.
1893,
476.
l§3.
5.
P. S.
19, §
2.
R. L.
47, '
§3;
96, § 2.
1911,
748,
513.
1916,
288,
8 4.
1917,
344,
I,
§ 3, VIII,
§1.
1919,
350,
§§s.
111,
113.
1931,
394,
§5.
Section 6. Except as otherwise provided by sections thirty-one and 1
fifty-eight of chapter ninety and section sixty of chapter one hundred and 2
forty, all rules and regulations within the jurisdiction of the department 3
shall be drafted by the commissioner and associate commissioners and 4
shall take effect when approved by them, and at such time as they shall 5
designate. Said commissioner and associate commissioners shall also 6
have power to make all needful rules and regulations for carrying out the 7
provisions of law relating to the department. 8
4 Op. A. G. 592.
Section 7. The commissioner shall make an annual report contain- 1
ing, in addition to other matters required by law the following: 2
A list of the expenditures in relation to highways, with such statements .3
relative to the construction and maintenance of public ways and such 4
recommendations as to the general policy of the commonwealth relative 5
thereto as the department considers appropriate. G
He shall also make an annual report containing, in addition to other 7
matters required by law, a statement of the acts of the department in 8
relation to waterways and public lands. 9
Cu.U'. 17.]
DEPARTMENT OF PUBLIC HEALTH.
183
CHAPTER 17.
DEPARTMENT OF PUBLIC HEALTH.
Sect.
1. Department of public health.
2. Commissioner.
3. Public healtii council.
4. Directors of divisions.
5. Deputy commissioner.
Sect.
6. Assistant directors and other employees.
7. District healtli officers.
S. Institutions under division of sanatoria.
9. Employees of the division of sanatoria.
10. [Repealed.]
1 Section 1. There shall be a department of public health, consist- Department of
. . p 1 1. 1 1 T 1 !• I I I •! puhhe health.
2 ing of a commissioner or public health and a public health council. isog, 420, § 1.
1879, 291, § 2. R. L. 75. § 1. 1919. 350, §5 96. 97.
P. S. 79. § 1.
1886, 101, § 1.
1907, 474,
1914, 792,
15.
136 Mass. 578.
4 Op. A. G. 298, 403.
1 Section 2. The commissioner shall be a physician skilled in sani- po°'!;'".'?,?!°?®r
2 tary science and experienced in public health administration. Upon isse,' loi.' § 3-
3 the expiration of the term of office of a commissioner, his successor isss, 375.
4 shall be appointed by the governor, with the advice and consent of 1897,510, §2.
The commissioner shall receive a salary of {^gg Jfj^ ^■
He shall be the executive and adminis- jjT'?^*' *^*'
5 the council, for five years.
6 seventy-five hundred dollars.
7 trative head of the department.
1919. 350, § 96.
4 Op. A. G. 298, 403.
1914, 792,
§5 2, 8.
1 Section 3. The public health council shall consist of the commis- PuWic health
2 sioner, ex officio, and six appointive members, at least three of whom i.s69, 420,
3 shall be physicians. Upon the expiration of the term of office of an 1879, 291,
4 appointive member, his successor shall be appointed by the governor, ^1:79,
5 with the advice and consent of the council, for three years. The council ^^^^ ^j^j
6 shall meet at least once a month, and at such other times as it shall |§ !• 2.
7 determine by its rules, or when requested by the commissioner or any §§ 1-3. '
8 four members. The appointive members shall receive ten dollars a §§3,'8.
9 (lay while in conference, and their necessary traveling expenses while in 4 0p'. A.G.403!
10 the performance of their official duties.
1, 15.
1914, 792,
§§2,4.
1919, 350, 5 98.
1 Section 4. There shall be in the department a division of sanatoria Directors
2 and such other divisions as the commissioner may, with the approval i907!'474?''
3 of the public health council, from time to time determine. The com-
4 missioner may, subject to the approval of the governor and council,
5 appoint and remove a director of the division of sanatoria, and, subject
6 to the approval of the public health council, shall appoint and may
7 remove a director to take charge of every other division, and shall pre-
8 scribe the duties of such other divisions. The compensation of directors
9 of all divisions shall be fixed by the commissioner, subject to the ap-
10 proval of the governor and council.
1 Section 5. The commissioner may, with the approval of the public Deputy
2 health council, designate a director of a division as a deputy commis- igigTslo? §"^97.
3 sioner, who shall perform the duties of the commissioner during his
4 absence or disability and such other duties as may be prescribed by the
5 commissioner.
184
[Chaps. 17, 18.
Assistant
directors
and other
ernployeea.
1886, 274,
§51,2.
1888, 375,
§§1,2.
Section 6. The commissioner may, with the approval of the pubhc 1
health council, appoint and remove assistant directors of divisions and 2
epidemiologists, who shall be exempt from chapter thirty-one, inspec- 3
tors and other necessary employees. 4
1897, 510, § 2.
R. L. 75, I 116.
1907, 537, § 8.
1912, 652, § 3.
1914, 792, § 2.
1919, 28: 350, § 97.
1931, 301, § 68.
District
health ofEccrg.
1907,537,
§§2,4,6.
1910, 523,
§§2,3.
1914, 792,
§§2,5.
1920, 435.
1931, 301, § 69.
Section 7. The commissioner, with the approval of the public health 1
council, shall appoint and may remove a district health officer, who 2
shall be exempt from chapter thirty-one, for each health district pro- 3
vided in section four of chapter one hundred and eleven. Such officers 4
shall be graduates of incorporated medical schools, admitted to practice 5
in the commonwealth, or shall have had at least five years' experience 6
in public health duties and sanitary science, and shall give their entire 7
time to the performance of their duties. 8
Institutions
under divi-
sion of
sanatoria.
Section 8. The division of sanatoria shall include the state sana- 1
toria at Rutland, North Reading, Lakeville and Westfield. 2
1907, 474, §§ 1, 15. 1910, 198, § 1; 491. 1919, 350, §§ 96, 98. 1924, 477, § 2.
Employees
of the division
of sanatoria.
1832, 163, § 1.
1834, 150, § 1.
R. S. 48, § 3.
G. S. 73, § 4.
P. S, 87, § 7.
1895, 503,
§§5, 8.
R. L. 87, § 27;
88, §§4, 6.
Section 9. In addition to the persons employed under section six, 1
the commissioner, with the approval of the public health council, may 2
appoint a treasurer for each sanatorium, who shall give bond for the 3
faithful performance of his duties, and physicians, assistants and em- 4
ployees necessary for the proper administration of the affairs of the 5
institutions under the charge of the division and may incur all expenses 6
necessary for the maintenance of the institutions. 7
6,9,15. 1913,762,51. ' 1931, 301, § 70.
1907. 474,
1910, 491.
1913, 762, 5 1.
1919, 350, § 96.
Section 10. [Repealed, 1925, 348, § 5.]
[See G. L. 13, §§ 36-38.]
CHAPTER 18.
DEPARTMENT OF PUBLIC WELFARE
Sect.
1. Department of public welfare.
2. Organization. Commissioner.
3. Advisory board.
4. Clerical and other as.sistants.
6. Divisions in the department.
6. Expenses of trustees of institutions.
DIVISION OF AID AND RELIEF.
7. Director.
8. Trustees of state infirmary.
Sect.
division of child gu.trdianship.
9. Director.
10. Massachusetts hospital school.
DIVISION OF JUVENILE TRAINING.
11. Director.
12. Board of trustees.
13 Appointment.
14. Secretar}'. Temporary secretary.
15. Secretary to be the executive officer,
etc.
16. Clerical assistance.
Section 1. There shall be a department of public welfare, in this 1
2
Department of
public welfare.
1879' ^9i' I ■'■ chapter called the department
' "' p. S. 79. § 1.
ISSd, 101, § 4.
1898, 433, § 24.
R. I.. 84, § 1.
1911, 607.
1915, 129.
1919, 3.50, § 87.
136 Mass. 578.
Chap. IS.] department of public welfare. 185
1 Section 2. The department shall be under the supervision and con- orKunization.
2 trol of a commissioner of public welfare, who shall be its executive and i!"i''","3l()',"°"
3 administrative head, and an advisory board consisting of the commis- i93o!'374', § i.
4 sioner, ex officio, and six appointive members, of whom two shall be
5 women. The commissioner shall receive such salary, not exceeding
(J seven thousand dollars, as the governor and council determine. Upon
7 the expiration of his term of office, his successor shall be appointed for
8 five years by the governor, with the advice and consent of the council.
1 Section 3. Two members of the advisory board shall annually be Advisory board.
2 appointed by the governor, with the advice and consent of the council, §'§ l.T. '
3 for three years each. The members shall receive no compensation, but §§^,'7''''
4 shall be reimbursed for their actual necessary expenses incurred in the ^^ f; ™'
5 performance of their official duties.
R. L. 84. §§ 1, 3. 1913. 535, § 2. 1919, .350, §§ 8S, 90.
1911, 607. 191.5. 129.
1 Section 4. Except as otherwise provided, the commissioner of pub- clerical and
2 lie welfare may appoint such officials, agents, clerks and other employees i87a m u.^
3 as the work of the department may require, designate their duties, r ^'to.'sI.'^'
4 except so far as they are otherwise defined by law, assign them to di- nJig' f.so S'^m
5 visions, transfer and remove them. The appointments in the divisions lasi.soi, §7i.
6 of aid and relief and of child guardianship shall be made with the advice
7 of the directors thereof.
1 Section 5. The commissioner shall organize in the department a Divisions in
2 division of aid and relief, a division of child guardianship, and a divi- mcnt.
3 sion of juvenile training, each in charge of a director.
1919, 350, §§ 89, 91.
1 Section 6. The members of the boards of trustees of the state insti- Expenses of
2 tutions under the supervision of the department shall receive no compen- institutions.
3 sation for their services, but their traveling and other necessary expenses p. s.'79, \ 3.
4 shall be allowed and paid. ^' ^- **• ^ ^■
1904, 440, i 7. 1908, 639, § 2.
DIVISION OF AID AND RELIEF.
1 Section 7. The commissioner, with the approval of the governor and °os"'5°98
2 council, shall appoint, fix the compensation of, and may with like approval 'O'^. 350,
3 remove, the director of the division of aid and relief, who shall, under the
4 supervision and control of the commissioner, perform the duties required
5 of him b\' law relative to the state adult poor.
1 Section 8. There shall be a board of trustees of the state infirmary Trustees of
2 serving in the division and consisting of five men and two women, three 1852; 275. s c. '
3 of whom shall annually in June be appointed by the go\ernor, with the Ism! 177,' § 3.'
4 advice and consent of the council, for three years each, except that in the ^87^; Ig'i.S^I.
5 year nineteen hundred and twenty-one and every third year thereafter fgj^.lgvfjl.
6 only one such trustee shall be so appointed. i^oo, 333.
R. L. 85, § 1. 1911, 104. 1919, 199; 350, §§ 87, 91.
DIVISION OF CHILD GUARDIANSHIP.
1 Section 9. The commissioner, with the approval of the governor and uios^'sgg.
2 council, shall appoint, fix the compensation of, and may with like approval i^'|' ^so.
186
DEPARTMENT OF PUBLIC WELFARE.
[Ch.\p. 18.
remove, a director of the division of child guardianship, who shall, under .3
the supervision and control of the commissioner, perform the duties 4
required of him by law relative to children. 5
Massachusetts
hospital
school.
1904. 446, § 1.
1907, 226, § I.
1919, 350,
§§87, 91.
Section 10. There shall be a board of trustees, to be known as the 1
board of trustees of the Massachusetts hospital school, serving in the 2
division and consisting of five persons. The governor, with the advice 3
and consent of the council, shall annually appoint a member of the board, 4
who shall serve for five years beginning on the first Monday in December 5
in the year of his appointment, and until his successor is cjualified. 6
Director.
1919, 350, § 92.
DIVI.SION OF JUVENILE TRAINING.
Section 11. The director of the division of juvenile training shall be 1
a member of the board of trustees of the Massachusetts training schools 2
designated by the governor. He shall receive no compensation as such, 3
and his term of office shall be that of his appointment as such trustee. 4
frustera' SECTION 12. The board of trustees of the Massachusetts training 1
1855' 44' 1 1' schools shall consist of nine persons, two of whom shall be women, and 2
G..s.'75, §1; shall constitute the division of juvenile training. No person employed 3
1868, i53, § 1. by the board for compensation shall be a member thereof. 4
1873, 166.
1877, 195, § 1.
1879, 291. § 8.
P. S. 89, § 1.
1895, 428. § 2.
R. L. 86, § 1.
1908, 639, § 1.
1911, 566, § 1.
1919, 350, 55 87, 91.
136 Mass. 581.
Appointment.
1847, 165, § 14.
Section 13. The governor, with the advice and consent of the coun-
1855! 442,' § 24! cil, shall in June of each year appoint two members, except that in nine-
G. S. 75, § 1 ; ' .'if > I
76, 51.
1868, 153, § 1.
1873, 166.
1877, 195, § 1.
1879, 291, § 8.
teen hundred and twenty-one and every fifth year thereafter one only
shall be apjjointed. The members shall hold office for five years from
July first following their appointment.
p. S. 89, § 1. R. L. 86. § 1. 1908. 639, § 1. 1911, 566, § 1.
Tempomry SECTION 14. Tlic trustccs shall appoint, and may remove, a secretary 1
mT'swi " "°* ^ member of the board. They may appoint a temporary secretary, 2
i93i! 3oi! § 72. who may be a member of the board, who shall perform the duties of the 3
secretary in his absence. 4
brthe"xex°u- SECTION 15. The Secretary shall be the executive officer of the trus- 1
tive officer, tees. He shall be paid the necessary expenses incurred in the perform- 2
1911, 566, § 2. ance of his duties. 3
Clerical
assistance.
1911, 566, § ;
Section 16. The trustees may expend such sums for clerical assist-
ance and office expenses as may be appropriated by the general court.
Chap. 19.1
DEPARTMENT OF MENTAL DISEASES.
187
CHAPTER 19.
DEPARTMENT OF MENTAL DISEASES.
Sect.
1. Department of mental diseases.
2. Commissioner.
3. Associate commissioners.
4. Certain duties of commissioner. As-
sistant commissioner, etc.
Sect.
4A. Division of mental hygiene.
5. Public institutions in the department.
6. Boards of trustees of public institu-
tions.
1 Section 1. There shall be a department of mental diseases, con- Department
2 sisting of the commissioner of mental diseases and four associate com- diseases"''
3 missioners. The commissioner and at least two associate commissioners ^^l\ lyf'sV'
4 shall be physicians and experts in the care and treatment of the insane. 55°!' ^07'
1914, 762, §§ 1,9. 1916, 285, §§ 1,2. 1919, 350, § 79.
1 Section 2. Upon the expiration of the term of office of a commis- commisaioner.
2 sioner, his successor shall be appointed for five years by the governor, I'u^.'o'^^'
3 with the advice and consent of the council. The commissioner shall 1909, Iw?^''^"
4 receive such salary, not exceeding ten thousand dollars, as the governor ||j2' 7^2°^-
5 and council determine, and shall be reimbursed for expenses necessarily |1',' 201;'
6 incurred in the performance of his duties. §§ 1,2.
1919, 350, § 79. 1921,443. 1930, 376, § 1.
1 Section 3. Upon the expiration of the term of office of an associate Associate
2 1 • lllL *j_lj?j* ij.1 commissioners.
commissioner, his successor shall be appointed tor tour years by the i898, 433, § i.
3 governor, with the advice and consent of the council. The associate 1909, 504, ^'
4 commissioners shall serve without compensation, but shall be reimbursed fJil; 752,
5 for expenses necessarily incurred in the performance of their duties. ^^ '■ ^■
1916, 285, §§ 1, 2. 1919, 350, § 79.
1 Section 4. The commissioner shall be the executive and administra- Certain duties
2 tive head of the department and may organize therein such divisions as mis^OTer.
3 he may determine. He may, with the approval of the governor and ni1Soner,''et'or
4 council, appoint and fix the compensation of an assistant commissioner, Isg^'y^'-
5 who shall discharge the duties of the commissioner during his absence or fo/i;^ii|^^'^-
6 di.sability and perform such other duties as the commissioner may pre- 6V2,'3.
7 scribe, except that the commissioner, with like approval, may designate §§2,3. '
8 another person or persons in the department to perform, during such \^°!i'4°ib7.
9 absence or disability, such specific duties as the commissioner may §'§Y;|f9;
The commissioner shall st'f'l*^'
11 appoint and may remo\e such agents and subordinate officers as the l^l^'}h
12 department may deem necessary. Physicians, pathologists and psychi-
13 atrists shall be exempt from chapter thirty-one.
10 prescribe, and may revoke such designation.
1 Section 4A. There shall be in the department a division of mental ^j.ntl'fhygiene.
2 hygiene, under the supervision of a director. The commissioner, with 1922, 519, § 1.
3 the approval of the governor and council, may employ such expert
4 assistance to serve in said division as may be necessary.
1 Section 5. The boards of trustees of the following public institu- PuWicinsti-
2 tions shall serve in the department: Belchertown state school, Boston department.
188
[Chaps. 19, 20.
1862, 223, i 1.
1877, 252. § 1.
P. S. 87, § 2.
1884, 322, § 1.
1892, 425, § 1.
1895, 483, § 1.
1900, 451, § 5.
R. L. 87.
§§ 13, 16.
1905, 400.
psychopathic hospital, Boston state hospital, Danvers state hospital,
Foxborough state hospital, Gardner state colony, Grafton state hospi-
tal, Walter E. Fernald state school, Medfield state hospital. Metropoli-
tan state hospital, Monson state hospital, Northampton state hospital,
Taunton state hospital, Westborough state hospital, Worcester state
hospital and Wrentham state school.
1919, 350, § 81. 1925. 293, 5 1.
1920, .537. 1930, 403. § 2.
1922, 410, § 2.
[Note: — Provisions relative to board of trustees of the Metropolitan state
hospital effective upon qualification of trustees to be appointed in January, 1933; see
1930, 403, §§ 5-7.]
1906, 313; 508.
1907, 421.
1908, 613, § 2.
1909, 504, §5 14, 107.
1914, 3.58; 442, §§ 1-3.
1915, 79, §§ 1-3.
Boards of
trustees of
public in-
stitutions.
1832, 163,
l§ 1, 8.
1834, 150,
§§ 1.4.
1835. 4.
R. S. 48.
§§ 1, 2, 17.
1851, Res. 44.
1853, 318, § 1.
1856, 247.
§5 1,3.
1859, 177, 5 3.
G. S. 73,
§§ 1,3.
1877, 252, § 1.
1878, 126, § 2.
1879, 291, 5 7.
P.S. 79. §3; 87,
§§4, 6. 55, 56.
1883, 239, § 1.
1884, 149; 322,
§§ 3, 5.
Section 6. The board of trustees for each of the institutions men- 1
tioned in the preceding section, except the Walter E. Fernald state 2
school, shall consist of seven members; provided, that at least two of 3
such members shall be women. One member of each board, except as 4
aforesaid, shall annually in January be appointed for seven years from 5
the first Wednesday of the following February by the governor, with 6
the advice and consent of the council. The board of trustees of the 7
Walter E. Fernald state school shall consist of six members on the part 8
of the commonwealth, one of whom shall annually Oe appointed for six 9
years by the governor, with the advice and consent of the council, and 10
of six members to be elected by the school, subject to the approval of 11
the governor and council. All the above trustees shall serve without 12
compensation, but shall be reimbursed for all expenses incurred in the 13
performance of tlieir duties. 14
1889,414, 5§ 1,
15.
1892, 425, §§ 1,
4.
1893, 2.56.
189.5,483, 55 2,
7.
1900,451, §5 4,
6.
R. L. 87, 55 14
18-22,
26, 113, 114.
1902. 542.
1906, 508, §5 1, 2.
1908. 613. § 2.
1909. !)04, 5§ 15, 17,
59. 60. 107.
1914, 358.
1915, 79. § 4.
[Note: — See note to § 5,1
1918, Sp. 119.
1919, 350, 5 81.
1920, 537, § 2.
1921, 449. § 2.
1922, 410. § 3.
1925, 293, § 2.
1931, 426, § 52.
CHAPTER 20.
DEPARTMENT OF AGRICULTURE.
Sect.
1. Department of agriculture.
2. Commissioner and members of advi-
sory board.
3. Certain powers and duties of the de-
partment.
Sect.
4. Organization.
employees.
5. Expenses.
Directors and other
Department SECTION 1. There sliall be a department of agriculture under the 1
ofaHnculture. "^ . . .' . i i • i i i! r>
1832, 142 § 1. supervision and control oi a commissioner, and an atl\isory board or Z
1866, 263, § 3. six meiiibers the principal vocation of at least three of whom shall be 3
p. S. 20, § 1. . , *^ ^ ,
1894, 144. agriculture. '*
R. L, 89, 5 1. 1916,49,5 1. 1919,3,50,55 34,35.
1902.116.5 4. 1918, 268, §5 I, 2. 1 Op. .X. G. 406.
Commissioner SECTION 2. Upou thc cxpiratiou of the term of office of a comniis- 1
ana members ^ (.ii* i ii* iiii r*
of advisory sioncr or a member of the advisory board, his successor shall be ap- 2
board. " *
ClL\P. 20.] DEPARTMENT OF AGRICULTURE. 189
3 pointed by the cjovernor, with the advice and consent of the council, for \ff'^*^-
4 three years. The commissioner shall receive such salary, not exceeding a. s. I'e. '
5 six thousand dollars, as the governor and council may determine. Each p. s72b,
6 member of the advisory board shall receive ten dollars a day while in con- is94T^i44.
7 ference and his actual traveling expenses incurred in the performance of J|*^f; ||*-
8 his official duties. » i-s. '
11102, no. §4- 1916,49,5 1- 1919, 3.50, §§ 35. 36.
1915, 114. 5 1. 1918. 268. §§ 2, 3 1925, 287.
1 Section .3. The commissioner shall be the executive and adminis- Certain powers
2 trative head of the department, and shall have charge of the adminis- thoti'eparTment.
3 tration and enforcement of all laws which it is the duty of the depart- Q^i' J^/a*;
4 ment to administer and enforce, and shall direct all inspections and J,^''|•|f3^|3■
5 investigations. The advisory board shall exercise advisory powers only, fg,8 f^^^'
6 and shall meet when requested by the commissioner or by any three H 3,'4 '
1919, 350. a 36.
/ members. 4 0p.A. g. 175.
1 Section 4. The commissioner shall organize the department in organization
2 divisions, including a division of dairying and animal husbandry, a other em-
3 division of plant pest control, a division of ornithology, a division of isSt^'Res. 72.
4 markets, a division of reclamation, soil survey and fairs, and such other q?"!; jgf' ^ ^•
5 divisions as he may from time to time determine, and shall assign to f|e*^ ^^64
6 said divisions their functions. The commissioner may appoint and J*|j||*-
7 remove a director of each division to have charge of the work of the i»n, 235.
8 division. The compensation of directors shall be fixed by the com- p s.'2o, '
9 missioner, with the approval of the governor and council. The com- i8S7'.245.
10 missioner may also appoint an inspector of apiaries and such other in- l?2.''§§°7,'ii;
11 specters, investigators, scientific experts, clerks and other officers and iggg^lo.
12 assistants as the work of the department may require, and may assign [sss. |59-
13 them to divisions, transfer and remove them. 1901! 335.
R. L. 89, §§ 4, 5. 9, 11. 1910, 6.53, 5 1. 1915, 2.50. § 1.
1902. 495. §§ 1, 6. 1911, 186, § 1; 220, § 1: 1910, 45; 46.
1905,165. Res. 103. 1917, 75; 286. § 1.
1907. 321, § 1; 401, § 1. 1912. 500; 507, §§ 1, 14, 16. 1919, 350, § 37.
1908. 245, ^ 1. 3. 1914, 424. 1931, 301, § 74.
1909. 444, §§ 1, 15, 17.
1 Section .5. The department may expend for the traveling ex- Expenses.
2 penses of its members and employees incurred in the performance of o.^'s.' i6, § 3. '
3 their official duties and for other necessary expenses of the department p s.'-'
4 such sums as may be annually appropriated.
1884, 66. 1908, 245. § 3; 416. 1914, 424, § 1.
1891,412, §§6, 8. 1909, 444, §§ 15, 17. 1915, 250, § 1.
1892, 139. 1910, 6.53. § 1. 1916, 45; 46.
1895, 214. 1911, 186, § 1; 220, § 1; 1917. 75; 286.
R. L. 89. §§3-5, 11, 12. Res. 103. 1918. 268. § 3.
1902, 495, § 6. 1912, 500, § 1; 507, §§ 14, 16, 1919, 350, § 34.
1905, 155. 1913, Res. 96. 2 Op. A. G. 118.
. 20,
i3, 4.
190
DEPARTMENT OF CONSERVATION.
[Chap. 21.
CHAPTER 21 .
DEPARTMENT OF CONSERVATION.
Sect.
1. Department of conservation.
2. Commissioner.
3. Duties of commissioner.
3A. Same subject.
SB. State Reservation Trust Fund.
DIVISION OF FORESTRY.
4. Director of division of forestry.
6. Experts, clerical assistants, etc.
DIVISION OF FISHERIES AND GAME.
6. Director of diwsion of fisheries and
game.
Sect.
7. Experts, fisli and game wardens, and
other assistants.
8. State inspector of fish and deputies.
8A. State supervisor of marine fisheries.
DIVISION OP ANIMAL INDU.STRY.
9. Director of animal industry.
10. Experts, clerical assistants, etc.
DIVISION OF PARKS.
11. Director of division of parks.
12. Experts, clerical assistants, etc.
Traveling expenses.
Department of
conservation.
1860, 192, § 1;
221, § 1.
1862, 28. § 1.
1866, 238. § 1.
1869, 384, § 2.
1872, 302.
P. S. 90, § 12;
91, §2.
18S5, 378.
Section 1. There shall be a department of conservation, consisting 1
of a division of forestry, a division of fisheries and game, a division of 2
animal industry and a division of parks, each under the charge of a 3
director. The department shall be under the super\'ision and control 4
of a commissioner of conservation. The directors shall act as an ad- 5
visory council to the commissioner. 6
720, § 1.
1886, 276, § 7.
1894, 491, § 36.
1895, 56.
1899, 408, § 1.
R. L. 90, § 1;91, §2.
1902, 116, §§ 1-3.
1904, 409, § 1.
1905, 381, § 2.
1907, 473, § 1.
1909, 263, §5 1.2.
1912,608, §§1-3.
1914. 490, § 1;
1917, 63.
1919, 350, §§39-41.
1931, 391, § 1.
261 Mass. 510.
Commissioner.
1919, 350, § 41.
1923,369, § 1.
Section 2. Upon the expiration of the term of office of a commis- 1
sioner, his successor shall be appointed for three years by the governor, 2
with the advice and consent of the council. The commissioner shall 3
receive such salary, not exceeding six thousand dollars, as the governor 4
and council determine. 5
Duties of
commissioner
Op. A. G. (1920)
233
Section 3. The commissioner shall be the executive and adminis-
mgrmT^. trative head of the department. He shall be designated by the go\'ernor
as a director of one of the divisions, but shall receive no salary as such
director. He shall supervise the work of the divisions, and shall have
charge of the administration and enforcement of all laws which it is
the duty of the department to administer and enforce, and shall direct
all inspections and investigations.
Same subject.
1931, 442, § 1.
Section 3 A. The commissioner shall have the same powers of 1
management and control relative to all open spaces for exercise and 2
recreation or reservations acquired by the department outside the met- 3
ropolitan parks district as are conferred by law upon the metropolitan 4
district commission relative to reservations under its control. 5
State Reser-
vation Trust
Fund.
1931,442, 5 1.
Section 3B. The state treasurer may, with the approval of the I
governor and council, receive and hold in trust for the commonwealth, 2
exempt from taxation, any grant or devise of lands or rights in land, and 3
any gift or bequest of money or other personal property, made for the 4
purposes of establishing and maintaining reservations outside the met- 5
Chap. 21.] department of conservation. 191
6 ropolitan parks rlistrict, and shall preserve and invest the proceeds thereof
7 in notes or bonds secured by good and sufficient mortgage or other se-
8 curities. Said trust property shall be known as the State Reservation
9 Trust Fund, and shall be used and expended under the direction of the
10 commissioner and subject to his orders. Subject to the terms of any
11 such grant, gift, devise or bequest, the commissioner may expend such
12 funds, whether principal or income.
DIVISION OF FORESTRY.
1 Section 4. Upon the expiration of the term of office of a director of JitTsiraof
2 the division of forestry, his successor shall, except as provided by the 'j°'o''f "^jg 5 j
3 preceding section, be appointed for three years by the governor, with the inos! ssi! 5 2.
4 advice and consent of the council. The director shall be known as the 1909! 263!
5 state forester. He shall be qualified by training and experience to per- 1914,720, 51.
G form the duties of his office, and shall, except as provided by the pre- Jgjgiasb, 542.
7 ceding section, receive such salary, not exceeding five thousand dollars,
8 as the governor and council determine.
1 Section 5. Tlie director mav, subject to the approval of the com- Experts, cicrf-
, ' ^ 111 cal assistants,
2 missioner, appomt and remove a state fare warden and such experts, etc.
3 clerical and other assistants as the work of the division may require. 190.5! 3.S1', § 3.
4 The director shall be allowed necessary traveling expenses for himself Hot; flf, 1 1.
5 and his employees incurred in the discharge of duty. '^^'' ^--' ^ i-
1917, 63. 1919, 350, § 42. 1931, 301, § 75.
division of fisheries and game.
1 Section 6. Upon the expiration of the term of office of a director of 55^f3^o°''o°/
2 the division of fisheries and game, his successor shall, except as provided fisheries and
3 by section three, be appointed for three years by the go\-ernor, with the i866?238, 5 1.
4 advice and consent of the council. The director shall be qualified by i's72: lol.'
5 training and experience to perform the duties of his office, and shall, fsso,^27'6!f7.
6 except as provided by section three, receive such salary, not exceeding Jj**^£; |^; 5 2.
7 five thousand dollars, as the governor and council determine. The }9i9' f^o. § 43.
8 director shall be allowed necessary traveling expenses for himself and
9 his employees incurred in the discharge of duty.
1 Section 7. Except as provided in the following section, the director Experts, fish
2 may, subject to the approval of the commissioner, appoint and remove t^rcfen™.\nd
3 such experts, fish and game wardens, clerical and other assistants as the eSlntT
4 work of the division may require, and their compensation shall be paid }^°g; |^^- 5 j
5 by the commonwealth. On written application of the city council of a i?^^'.*'^^'
f) city or the selectmen of a town, he may, subject to like approval, appoint mi. po.
7 in such city or town, from a list of names to be submitted to him by such 1923! 144!
8 city council or selectmen, a fish and game warden, who shall act under 1931; soii s 76.
9 his authority and instructions and have the same powers and duties as
10 a fish and game warden appointed as above provided; the annual com-
11 pensation of every such warden, not exceeding two hundred dollars,
12 shall be determined and paid by the city or town in which he is appointed.
13 The director may also, subject to like approval, appoint deputy fish
14 and game wardens who shall serve without compensation.
1 Section 8. There shall be a state inspector of fish serving in the state^inspector
2 division. Upon the expiration of the terra of office of a state inspector deputies.
3 of fish, his successor shall be appointed for three years by the governor, ^ ' ■ 3'' ■
192
DEPARTMENT OF CONSERVATION.
[Chap. 21.
with the advice and consent of the council. The state inspector may 4
appoint from time to time such permanent and temporary deputy in- 5
specters as may be authorized by the governor and council. The state 6
inspector and deputy inspectors shall receive such compensation as may 7
be fixed by the governor and council. 8
state
supervisor
of marine
fisheries.
1929, 372, § 1.
Section 8A. There shall be a state supervisor of marine fisheries 1
serving in the division, who shall be appointed for terms of three years 2
by the governor with the advice and consent of the council. The salary 3
of said supervisor shall be fixed by the commissioner, subject to the 4
approval of the governor and council. The supervisor shall have charge 5
of the enforcement of the provisions of chapter one hundred and thirty, 6
and all other provisions of law, relative to marine fish and fisheries, 7
including shellfish, except those contained in sections seventy-four to 8
eighty-eight, inclusive, of chapter ninety-four, and shall have general 9
direction of the wardens appointed under section seven engaged in the 10
enforcement of said provisions; provided, however, that in carrying out 11
all powers and duties conferred upon him the supervisor shall act with 12
the approval of the director. 13
Director of
animal
industry.
1860, 192, § 1;
221, § 1.
1862. 28, § 1.
P. S. 90, § 12.
1885, 378.
1894, 491, § 36.
1899, 408, § 1.
R. L. 90, § 1.
1902, 116,
§§ 1-3.
1912, 608,
§51-3.
1914, 490, i 1.
E3cpert8, cleri-
cal assistants,
1893, 306, § 7.
1894. 491,
§§43, 52.
DIVISION OF ANIMAL INDUSTRY.
Section 9. Upon the expiration of the term of office of a director of
animal industry, his successor shall, except as provided by section three,
be appointed for three years by the governor, with the advice and con-
sent of the council. The director shall be qualified by training and
experience to perform the duties of his office, and shall, except as pro-
vided by section three, receive such salary, not exceeding four thousand
dollars, as the governor and council determine, and shall be allowed his
necessary expenses paid or incurred in the performance of his official
duties.
1919, 350, § 44.
1929, 253. § 1.
1 Op. A. G. 556.
1899,408, §§2, 7.
R. L. 90, § 2.
1902, 116, § 3.
1912, 608, § 3.
1914, 490, § 1.
1919. 350, § 44.
1931, 301. § 77.
1
2
3
4
5
6
7
8
9
Section 10. The director may, subject to the approval of the com- 1
missioner, appoint and remove such experts, clerical and other assist- 2
ants as the work of the division may require. 3
division OF PARKS.
Director of
division of
parks.
1931, 391, §
Section 11. Upon the expiration of the term of office of a director
of the division of parks, in this and the following section called the
director, his successor shall, except as provided by section three, be
appointed for three years by the governor, with the advice and consent
of the council. The director shall be qualified by training and experience
to perform the duties of his office and shall, except as provided by sec-
tion three, receive such salary, not exceeding five thousand dollars, as
may be fixed by the commissioner, subject to the approval of the gov-
ernor and council. Except as otherwise provided, the director shall act
for the commonwealth in the care and management of parks and reser-
vations owned by the commonwealth outside of the metropolitan parks 11
district for puriwxses of recreation or conservation, and shall perform 12
such other similar duties as may be imposed upon him by the commis- 13
sioner. ^^
6
7
8
9
10
Chaps. 21, 22.]
193
1 Section .12. The director may, subject to the approval of the com- Experts,
2 missioner, appoint and remove such experts and clerical and other assiatanta,
3 assistants as the work of the division may require. The director shall Traveling
4 be allowed necessary traveling expenses for himself and his employees j^sirMi, 5 2.
5 incurred in the discharge of duty.
CHAPTER 22.
DEPARTMENT OF PUBLIC SAFETY.
Sect
Sect
1.
Department of public safety.
9A.
2.
Commissioner.
3.
Certain duties of commissioner.
Divisions.
4.
Directors.
5.
Secretarj'.
9B.
6.
Officers and other assistants.
7.
Expenses of officers, etc.
7A.
Payment of hospital, etc., expenses of
10.
officers and inspectors injured, etc.
11.
8.
Officers, etc., to be sworn.
12.
9.
Appointment of additional state po-
lice officers.
Division of state police (state con-
stabulary), additional appoint-
ments. Training, etc., of persons
eligible for appointment, etc. An-
nual expenditure.
9B. Apportionment to Highway Fund of
proportion of appropriations for
division.
Board of boiler rules.
Board of elevator regulations.
State boxing commission.
1 Section 1. There shall be a department of public safety under the °Jf[^f3'^f°*y°'
2 supervision and control of a commissioner of public safety. ises. 249, § 1.
1871, 394, § 1. 1879,305,55 1,3,12. 1904. 318, f.li.
1874, 405.
1875, 15, 55 1, 5.
P. S. 103, 55 1, 3.
R. L. 108, 6 1.
1919, 350, §5 99, 100.
267 Mass. 501.
1 Section 2. Upon the expiration of the term of office of a commis- Commissioner.
2 sioner, his successor shall be appointed by the governor, with the advice 55 i.'s.
3 and consent of the council, for five years. The commissioner shall re- \ln, Ul'.
4 ceive such salary, not exceeding six thousand dollars, as the governor llj2%5,
5 and council determine. '*'*■ *°^-
1875, 15. 55 1. 6.
1879, 305. 55 1,3, 5.
P. .S. 103, 55 1,3, 5.
1887, 127.
1892, 128,
R. L. 108. 55 1. 2. 5.
1904. 318, 5 1.
1906, 480.
1913, 834.
1918, 275, 5 1.
1919,350.5100.
1923, 330.
1 Section 3. The commissioner shall be the executive and adminis- Certain duties
2 trative head of the department. There shall be in the department a sion°"""^
3 division of state police under his own immediate charge, a division is'es!'!"!, 6 1.
4 of inspection under the charge of a director to be known as chief of \l]l] fol.' * ^'
5 inspections, and a division of fire prevention under the charge of a di- Jgl; 305,^/3.
6 rector to be known as the state fire marshal. ^ ^- '°2' ^ 3-
1886, 354, § 1.
1888, 113.
1894, 444, I 1; 481, 5 1.
R. L. 3-2. 5 1; 108, 5 1.
1902, 142, 55 1, 2.
1903, 365, § I.
1904, 318, 5 1;
433. §§ 1. 3,
1906, 521, 5 1.
1911. 619, 5 1.
1913. 610, 55 1, 6.
1914, 795, 5 2.
1919, 350, 55 101, 102.
267 Mass. 501.
1 Section 4. Upon the exijiration of the term of office of a state fire pjj^'g"™-
2 marshal or a chief of inspections, his successor shall be appointed by the 55 1,'4. '
3 governor, with the advice and consent of the council, for three years. 551,'-
194
1S98. 160.
R. L. 32,
Hi.v.
DEPARTMENT OF PUBLIC SAFETY.
[Chap. 22.
They shall each receive such salary, not exceeding four thousand dollars,
as the governor and council determine.
1902, 142, H 1, 2.
1903, 365, §§ 1, 2.
1904, 433.
1906, 521, 5 1.
1911. 619, § 1.
1913. 610, §§ 1
1914, 795. § 2.
1918, 275, § 1.
1919, 350, §§ 101,
103, 104.
1 Op. A. G. 174.
3 Op. A. G. 492.
4
5
Secretary.
1920, 619, § 2.
1930, 256.
Section 5. The commissioner may appoint a secretary, who shall
be exempt from chapter thirty-one, and may remove him for such cause,
to be stated in the order of removal, as he deems sufficient. The sec-
retary, in addition to his duties under section twelve, shall perform such
other duties as the commissioner prescribes.
! 1.
Officers and
other assist-
ants.
1865, 249,
§§1.3.
1866, 261,
1871, 394,
§§ 2, 5.
1872, 355.
1875, 15.
§§1,6.
1877, 214, § 6.
1878, 242, § 1.
1879, 305,
§§ 1, 2, .5, 12.
1880, 17S.
P. S. 103.
§§ 1, 2, 5,9.
1885, 131.
1887, 127; 256.
Section 6. The commissioner may appoint, transfer and remove
officers, inspectors, experts, clerks and other assistants. Except as pro-
vided in section nine or nine A or in section two of chapter one hundred
and forty-seven, the number of officers and inspectors heretofore au-
thorized by law may be increased only with the approval of the gov-
ernor and council. Boiler inspectors in the division of inspection shall
not be over forty-five years of age when first appointed, and shall not
be subject to any civil service rules like those requiring members of the
state police to be of a certain height and weight. Inspectors assigned y
to the division of inspection shall be designated as building inspectors or 10
as boiler inspectors according as their duties relate to buildings or boilers. 11
1911, .561; 616, § 1; 619;
620, § 1.
1912, 614, § 1; 726. § 12.
188S, 113; 426, § 13.
1890, 137.
1891, 302; 357, § 6.
1892, 249.
1893, 387.
1894, 281; 444, §§ 1, 7;
481, §1 1, 3. 5, 6.
1895, 396; 418, § 8; 452, § 1.
1896, 546, § 4.
1898, 160; 219; 261.
R. L. 32, §§ 1, 7; 105, § 1;
108, S§ 1, 3, 5.
1902. 142. §§ 1. 2.
1903. 365. §§ 1, 4.
1904, 318; 3S2; 430;
433, §§ 1, 3.
1905, 247; 365; 461.
1906, 522, § 1.
1907, 451, § 1; 465, §§4, 25;
482, § 1.
1908. 185, § 1: 375, § 1;
479, § 1.
1909. 410, § 1; 413, § 1;
432, § 1.
1913, 424, § 1; 480;
610. §§ 1, 5, 6; 816, § 1;S34.
1914, .577, §2; 622, § 1;
795, § 2.
1918. 27.5.
1919, 350, §§ 101, 103, 108.
1925, 322, § 1,
1931, 301, § 78.
1 Op. A. G 404.
Expenses of
officers, etc.
1865, 249, § 3.
1871, 394,
§S 3, 5.
1875, 15, § 6.
1878. 242. § 3.
1879, 305. § 5.
P. S. 103, § 5.
Section 7. Each officer and inspector in the department shall re-
ceive his actual traveling and necessary expenses when on duty, which
shall be verified by oath and approved by the commissioner. No salary
shall be paid to any such officer or inspector until he has made oath
that he has paid to the commonwealth all fees received by him.
1906, .521. § 1.
1911, 619.
1914, 795, § :
18,S6, 354. § 4.
1887, 127.
1894, 444. § 7.
1895, 418, § 8.
1896, 546, § 4.
1898. 100; 261.
R. L. 32, § 7; 108, §5.
1902, 142. § 1.
1904, 382.
1919, 350, § 99.
Payment of
hospital, etc.,
expenses of
officers and
inspectors
injured, etc.
1924, 504, § 1.
Section 7A. The commissioner may authorize the payment, out of
any appropriation made for traveling or other expenses of the depart-
ment, of the reasonable hospital, medical and surgical expenses incurred
by any oflicer or inspector of the department when temporarily or per-
manently disabled by reason of injuries sustained through no fault of
his own while actually performing police service.
officers, etc.,
to be sworn.
1875, 15,
§§2.3,
1879. 305, § 4.
P, S. 103, § 4.
R. L. 108, § 4.
Section 8. Each officer or inspector shall, before entering upon the
performance of his duties, be sworn to the faithful performance thereof,
and unless his oath of office is taken within ten days after the date of
his appointment, the appointment shall be void.
1914, 795, § 2.
1922, 9.
Chap. 22.] dep.\rtment of public safety. 195
1 Section 9. Whenever the governor shall deem it necessary to pro- Appointment
2 vide more eflFectively for the protection of persons and property and state police
3 for the maintenance of law and order in the commonwealth, he may WrUs.
4 authorize the connnissioner to make additional appointments, not ex- jyjg' 35o_
5 ceeding one himdrcd in number, to the division of state police, together 5 no-
6 with such other employees as the governor may deem necessary for
7 the proper administration thereof. The appointment of the additional
8 officers shall he temporary until the general court has authorized their
9 permanent addition to the department. The commissioner may, sub-
10 ject to the approval of the governor, make rules and regulations for the
11 said additional force, including matters pertaining to their discipline,
12 organization and government, compensation and equipment, and means
13 of swift transportation.
1 Section 9A. Whenever the governor shall deem it necessary to Division of
2 provide more effectively for the protection of persons and property and (state"" "^^
3 for the maintenance of law and order in the commonwealth, he may addiSnm'r''''
4 authorize the commissioner to make additional appointments to the x^ainin^'^'"^'
5 division of state police, together with such other employees as the gov- •'''^ • °'
6 ernor may deem necessary for the proper administration thereof. The eligible for
7 appointment of the additional officers herein provided for shall be by etc.
8 enlistment for terms not exceeding three years, and such appointees expenditure.
9 shall be exempt from the requirements of civil service law and rules. 1922! 331' u.
10 Said additional officers shall have and exercise within the commonwealth }|]|g; ^gf ^ '•
1 1 all the powers of constables, except the service of civil process, and of i^^g. 343, 5 1-
12 police officers and watchmen. The commissioner may, subject to the
13 approval, of the governor, make rules and regulations for said additional
14 force, including matters pertaining to their discipline, organization and
15 government, compensation and equipment, and means of swift trans-
16 portation; provided, that said force shall not be used or called upon for
17 service in any industrial dispute, unless actual violence has occurred
18 therein, and then only by order of the governor or the person acting in
19 his place. Any member of said force violating any of the rules or regu-
20 lations for said force shall be subject to discipline or discharge in accord-
21 ance with said rules and regulations. The commissioner, subject to
22 like approval, may select and maintain for the purpose of training in
23 preparation for service on said, force, a group of persons, not exceeding
24 fifty in number, who, when so trained, shall be eligible either to appoint-
25 ment to fill vacancies therein or, upon order of the governor, to be called
26 for service in cases of emergency as temporary members thereof. The
27 commissioner may expend annually for the expenses of administration,
28 organization, government, training, compensation, equipment and main-
29 tenance such amount as the general court may appropriate.
1 Section 9B. The department of public safety shall annually for- Apportion-
2 ward to the budget commissioner with its estimates of expenses for the Highway Fund
3 division of state police, as required under section three of chapter twenty- Cf app?o-"°°
4 nine, a statement of the approximate proportion of the time of the division!' '""^
5 division devoted to the service of patrolling the highways of the com- '^^^^ ^*^' ' '■
6 monwealth for the purpose of controlling and supervising traffic. Said
7 statement shall be the basis for a recommendation by the governor as
8 to the proportion of the appropriations made for expenses of said di-
9 vision which it appears may fairly be charged to the Highway Fund.
196
DEPARTMENT OF PUBLIC SAFETY.
[Chap. 22.
Board of
boiler rules.
1907, 465,
§§ 24, 2.5.
1919, 350,
§ 105.
1930, 408.
Section 10. The commissioner shall appoint a board of boiler rules, 1
consisting of the chief of inspections, or a boiler inspector of the division 2
of inspection designated by the commissioner, as chairman and four 3
associate members, one of whom shall be an operating engineer and 4
three shall represent users, manufacturers and insurers of boilers, re- 5
spectively. Upon the expiration of the term of office of an associate 6
member, his successor shall be appointed for three years by the com- 7
missioner. The associate members shall receive as compensation for 8
service and reimbursement for expenses such sums as the governor and 9
council shall determine, not exceeding in all one thousand dollars a year. 10
Such clerical and other assistants as may be required by the board shall 1 1
be assigned to it by the commissioner. 12
Board of
elevator
regulations.
1913. 806,
§§6-8.
1919, 350,
§ 106.
1925, 221.
Section 11. The commissioner shall, as occasion requires, appoint a 1
board of elevator regulations, consisting of the chief of inspections as 2
chairman, a consulting engineer, the building commissioner of Boston, 3
an inspector of buildings of some city other than Boston, a representative 4
of a liability insurance company licensed to write elevator insurance in 5
the commonwealth, a representative of elevator manufacturers, an 6
experienced elevator constructor and a representative of owners of 7
buildings. The members of said board shall serve without compensation, 8
but their necessary expenses shall be paid by the department. Such 9
clerical and other assistants as may be required by the board shall be 10
assigned to it by the commissioner. 11
State boxing
commiBsion.
1920, 619,
§§1.2.
Op. A. G.
(1920) 282.
Section 12. The state boxing commission shall serve in the depart- 1
ment and shall consist of the commissioner, ex officio, who shall be 2
chairman, and two appointive members. Upon the expiration of the 3
term of office of an appointive member, his successor shall be appointed 4
by the governor, with the advice and consent of the council, for three 5
years. The appointive members shall receive such salaries, not ex- 6
ceeding thirty-five hundred dollars each, as the governor and council 7
may fix. The members shall receive their traveling expenses neces- 8
sarily incurred in the performance of their duties, and the commission 9
shall be allowed such sums for clerical assistance as the governor and 10
council may approve. The secretary of the department shall act as the 1 1
secretary of the commission and shall keep full and true records of all 12
its proceedings. The commissioner may deputize one or more persons 13
to represent the commission and to be present at any match or ex- 14
hibition authorized to be held under sections thirty-two to fifty-one of 15
chapter one hundred and forty-seven. Such persons may receive such 16
compensation for actual services as shall be fixed by rule or regulation 17
of the commission, together with their traveling expenses necessarily 18
incurred in the discharge of their duties. 19
Chap. 23.]
DEPARTMENT OF LABOR AND tNDUSTRIES.
197
CHAPTER 23.
DEPARTMENT OF LABOR AND INDUSTRIES.
Sect,
department of labor and industries.
1. Department of labor and industries.
2. Commissioner.
3. Certain duties of commissioner.
4. Directors. Other appointees.
6. Certain requirements as to officers
and emplo.vees.
6. Duties of assistant commissioner.
7. Board of conciliation and arbitration.
9.
DIVISION OF STANDARDS.
Duties of the director of standards.
Inspectors of standards. Bonds.
THE MASSACHUSETTS INDUSTRIAL COMMIS-
SION.
9A. The Massachusetts industrial com-
mission.
9B. Secretary, experts and clerical assist-
ance.
9C. Commission may conduct researches
for the promotion, etc., of the in-
dustrial, etc., resources of the com-
monwealth, etc.
Sect.
division on the necessaries of life.
9D. Director. Certain duties.
9E. Division to study, etc., circumstances
affecting cost of certain necessaries
of life.
9F. To give hearings, summons witnesses,
etc. Compulsory attendance of
witnesses, etc.
9G. To investigate complaints, etc.
9H. Director to act as emergency fuel
administrator, etc.
COMMISSION ON FOREIGN AND DOMESTIC
COMMERCE.
10. [Repealed.]
11. [Repealed.]
GENERAL PROVISIONS.
12. Department to be furnished offices,
etc.
13. Expenses.
DEPARTMENT OF LABOR AND INDUSTRIES.
1 Section 1. There shall be a department of labor and industries, Department
2 under the supervision and control of a commissioner of labor and indus- rndSstHes"
3 tries, in this chapter called the commissioner, an assistant commissioner, Jgjg] 350; ^ '■
4 who shall be a woman, and three associate commissioners, one of whom fj2^,%06, § 1
5 shall be a representative of labor and one a representative of employers
6 of labor.
1 Section 2. Upon the expiration of the term of office of a commis- commis-
2 sioner, an assistant commissioner or an associate commissioner, his I'goe, 425.
3 successor shall be appointed for three years by the governor, with the \\^iiP^'
4 advice and consent of the council. The commissioner shall receive ^^^^- ^^"^ ^ ^°
5 such salary not exceeding seventy-five hundred dollars, and the as-
6 sistant commissioner and associate commissioners such salaries, not
7 exceeding four thousand dollars each, as the governor and council
8 determine.
1 Section 3. The commissioner shall be the executive and adminis- certain duties
2 trative head of the department. He shall have charge of the adminis- sioner.
3 tration and enforcement of all laws, rules and regulations which it is §m.'5.9.'
4 the duty of the department to administer and enforce, and shall direct j^'yifl?.'
5 all inspections and investigations except as otherwise provided. He Jij^J; ^?^; 1 1;
6 shall organize in the department a division of standards, a division on ^i^,^j^7
7 the necessaries of life and such other divisions as he may from time to
198
DEPARTMENT OF LABOR .\ND INDUSTRIES.
[Chap. 23.
time determine, and may assign the officers and employees of the de- 8
partment thereto. He shall prepare for the consideration of the assist- 9
ant commissioner and the associate commissioners rules and regulations 10
for the conduct of the department and all other rules and regulations 11
which the department is authorized by law to make, and they shall, 12
except as otherwise provided, take effect when approved by the associate 13
commissioners and the assistant commissioner, or upon such date as 14
they determine. The commissioner may designate the assistant com- 15
missioner or an associate commissioner to discharge the duties of the 16
commissioner during his absence or disability. 17
Directors.
Other
■ ap-
pointees.
R. S.
30, § 4,
1859,
224,
§2.
G. S.
49,
§127
; 61,
§3.
F.S.
63, § 2;
65. § 3.
1887,
269,
§1.
1888,
261.
1890,
159,
§2;
385:
426,
§§9-
11.
1892.
382.
1901,
211.
R. L,
60,
§§1,
2;
62, §
8; 106,
§§1.
5.
1902.
4.57.
1904.
313,
§4;
399.
1906.
435,
5 8.
1907,
534,
§S1-
3.
1909,
514,
§§1,
7, 14
^.
1910,
, 465,
5 1
1911,
,632,
§ 1
1912
, 256,
81:
726,
§§4,
7. 8.
1913
,813,
5 8.
1915,
, 74,
§1.
1917,243;
341.
1918
, 218,
S§1.
2.
Section 4. The commissioner, assistant commissioner and associate 1
commissioners may, with the approval of the governor and council, 2
appoint, and fix the salaries of, not more than six directors, and may, 3
with like approval, remove them. One of them, to be known as the 4
director of standards, shall have charge of the division of standards, and 5
one of them, to be known as the director of the division on the necessaries 6
of life, shall have charge of said division, and each of the others shall be 7
assigned to take charge of a division. The commissioner may employ, 8
for periods not exceeding ninety days, such experts as may be necessary 9
to assist the department in the performance of any duty imposed upon 10
it by law, and such employment shall be exempt from chapter thirty- 11
one. Except as otherwise provided in section nine B, the commissioner 12
may employ and remove such inspectors, investigators, clerks and other 13
assistants as the work of the department may require. Such number of 14
inspectors as the commissioner may deem necessary shall be men who, 15
before their employment as such, have had at least three years' experience 16
as building construction workmen. The commissioner may require that 17
certain inspectors in the department, not more than seven in number, 18
shall be persons qualified by training and experience in matters relating 19
to health and sanitation. 20
1919, 224, § 1; 244: 341,
§ 1: 350, §§74, 77: 365.
1920,551, § 1: 628, § 1.
1921,306, §3; 325, §§ 1, 7.
1922, 196, 343, § 1.
1923, 330, § 1.
1924, 258, § 1; 320, § 1.
1925, 273, § 1.
1927, 263, § 1:
1929, 209, § 1.
1930, 410, § 2.
1931, 426, § 135.
275.
Certain re-
quirements as
to officers and
employees.
1859, 224, § 2.
G. S. 49, § 127.
P. S. 63, §§2,3.
1890, 159, § 2.
R. L. 60, § 2.
1912, 726, § 8.
1919, 224, I 1:
350, § 75.
1921, 306, § 4.
Section 5. All directors, inspectors and other permanent employees
of the department shall devote their whole time to the affairs of the de-
partment; and all directors and inspectors and such other employees as
may be designated by the commissioner shall, before entering upon their
duties, be sworn to the faithful performance thereof. The number of
inspectors heretofore authorized by law may be increased only with the
approval of the governor and council. The commissioner, assistant
commissioner and associate commissioners shall determine from time to
time how many of the inspectors employed shall be women.
Duties of as-
sistant com-
miasioner.
1919, 350, § 73.
Section 6. In all matters relating specifically to M^omen and minors 1
the assistant commissioner shall have and exercise such duties and 2
authority as may be prescribed by the commissioner, with the approval 3
of the associate commissioners. 4
dSarionanT' SECTION 7. The associatc commissioners shall constitute the board
arwtratwn^ 1 o^ Conciliation and arbitration, and shall have the powers and perform
188?! 2m. § i. the duties given them by chapter one hundred and fifty relative to con-
f909; 514,' § 10. ciliation and arbitration of industrial disputes, and chapter one hundred
ClIAl'. 23.] DEPARTMENT OF LABOR AND INDUSTRIES. 199
5 and fifty-one relative to the minimum wage. The board shall have 1912. 706, § i.
6 assigned" to it such assistants from the officers and cmjjloyees of the loij;: isua.' § 1.'
7 department as the commissioner and the board from time to time de- lyiS; agbi § 72.
8 termine.
DIVISION OF STANDARDS.
1 Section 8. The director of standards shall, in addition to the Dm^es oUhe
2 powers and duties conferred and imposed upon him by law, perform ^tlndZdl
* ,,. t -i-i'ij.! ■■_ 1919, o50, 9 77.
3 such other duties as may be assigned to him by the commissioner.
1 Section 9. Inspectors of standards appointed under section four IJ'|p«^°^« °^
2 shall give bond for the faithful performance of their duties. BJJnd"
1859, 224, §§ 2, 3. R. L. 60, § 2. 1012, 256, § 1. 1919, 244.
G S 49, § 127. 1907, 534, § 2. 1917, 243. 1920, 551, § 1.
p S 63 § 2 1910, 465, §1. 1918, 218, § 2. 1924, 258, § 2.
1890, 159, § 2. 1911, 632, § 1.
THE MASSACHUSETTS INDUSTRIAL COMMISSION.
1 Section 9A. There shall be in the department a commission for the The^Massa-
2 promotion and development of the industries and industrial, agricultural industrial
3 and recreational resources of the commonwealth, to be known as the i§29"35T'§ i.
4 Massachusetts industrial commission, in this and the two following
5 sections called the commission. The commission shall consist of the
6 commissioner and the commissioner of agriculture, ex oflficiis, and five
7 unpaid members appointed by the governor, with the advice and con-
8 sent of the council, who shall he designated in their initial appointments
9 to serve respectively for one, two, three, four and five years. The com-
10 mission shall annually choose one of its members as chairman. One of
11 the members appointed by the governor as aforesaid shall always be a
12 representative of labor. Upon the expiration of the term of office of
13 an appointive member, a successor shall be appointed in the manner
14 aforesaid for five years. The commission shall meet at least once a
15 month and at such other times as it shall determine by its rules. The
16 members shall receive their necessary traveling expenses while in the
17 performance of their official duties.
1 Section 9B. Subject to the approval of the governor and council, ^Jj^eftfrnd
2 the commission may appoint and fix the compensation of a secretary ^!f,^^'tance.
3 and such experts as it may require and may remove them with like i929, 357, § l
4 approval. It may also employ such other necessary clerks and em-
5 ployees as it may require. Authorized representatives of the comniis-
6 sion may travel outside the commonwealth for the purpose of carrying
7 out the provisions of section nine C.
1 Section 9C. The commission may conduct researches into Indus- Commission
,*, , 11 1111 rn&v conciiict
2 trial and agricultural conditions within the commonwealth, and shall "=^=";.*^»j^°^jj
3 seek to co-ordinate the activities of unofficial bodies organized for the etc.,''ofth°e'°°'
4 promotion of the industrial, agricultural and recreational interests in resomces of the
5 the commonwealth, and may prepare, print and distribute books, maps, commonwealth,
6 charts and pamphlets which in its judgment will further the purpose i929, 357, 5 1.
7 for which it is created, and, on behalf of the commonwealth, may accept
8 contributions and, subject to the approval of the governor and council,
9 may expend the same and also may expend such sums as may be ap-
10 propriated by the general court to carry out the purpose of this and the
11 two preceding sections.
200
DEPARTMENT OF LABOR AND INDUSTRIES.
[Chap. 23.
Director.
Certain duties.
1930, 410, § 3.
DIVISION ON THE NECESSARIES OF LIFE.
Section 9D. The director of the division on the necessaries of life 1
shall, in addition to the powers and duties conferred and imposed 2
upon him by law, perform such other duties as may be assigned to him 3
by the commissioner. 4
Division to
study, etc.,
circumstances
affecting cost
of certain
necessaries
of life.
1919, 341,
36.5.
1920, 628,
1921, 325,
§§ 2, 7.
1922, 343, § 1.
1923, 320, I 1.
1924, 320, § 1.
1925, 273, 5 1.
1927, 263, § 1.
1929, 269, S 1.
1930, 410, { 3.
51;
5 1.
Section 9E. The division shall study and investigate the circum- 1
stances affecting the prices of fuel, gasoline and refined petroleum 2
products and other commodities which are necessaries of life. It may 3
inquire into all matters relating to the production, transportation, dis- 4
tribution and sale of the said commodities, and into all facts and circum- 5
stances relating to the cost of production, wholesale and retail prices 6
and the method pursued in the conduct of the business of any persons, 7
firms or corporations engaged in the production, transportation, or sale 8
of the said commodities, or of any business which relates to or affects 9
the same. It shall also study and investigate the circumstances af- 10
fecting the charges for rent of property used for living quarters, and in 11
such investigation may inquire into all matters relating to charges for 12
rent. 13
To give hear-
ings, summons
witnesses, etc.
Compulsory
attendance of
witnesses, etc.
1919, 341. § 2.
1920, 628, 5 1-
1921, 325,
5§3, 7.
1922, 343, 6 1.
1923, 320, 6 1-
1924, 320, § 1.
1925.273, § 1.
1927, 263, 5 1.
1929. 269, 5 1.
1930, 410, 5 3.
Section 9F. The division shall have authority to give hearings, to 1
administer oaths, to require the attendance and testimony of witnesses 2
and the production of books and documents and other papers, and to 3
employ counsel. Witness summonses may be issued by the director 4
or by any assistant by him designated and shall be served in the same 5
manner as summonses for witnesses in criminal cases issued on behalf 6
of the commonwealth, and all provisions of law relative to summonses 7
issued in such cases shall apply to summonses issued hereunder, so far 8
as they are applicable. Any justice of the supreme judicial court or of 9
the superior court may, upon application of the director, compel the at- 10
tendance of witnesses and the giving of testimony before the division 11
in the same manner and to the same extent as before the said courts. 12
To investigate
complaints, etc.
1920, 628, 5 2.
1921, 325,
55 4,7.
1922, 343, 5 1.
1923, 320, § 1.
1924, 320, § 1.
1925, 273, 6 1-
Section 9G. The division shall investigate all complaints made to 1
it, and may publish its findings. It shall keep in touch with the work of 2
federal and municipal and other agencies dealing with the necessaries of 3
life, and give them such assistance as it deems advisable; and may invoke 4
the aid of said agencies and of civic and other organizations. 5
1927, 263, 5 1. 1929, 269, § 1. 1930, 410, 5 3.
Director to
act as emer-
gency fuel ad-
ministrator, etc.
1917,342.
1920, 610.
1921,325, §6.
1924,320, 5 3.
1925,273. §3.
1927,263, 5 3.
1929, 269, 5 3.
1930,410,53.
Section 9H. Whenever the governor shall determine that a fuel 1
emergency exists, he may, with the approval of the council, by a writing 2
signed by him, designate the director of the division on the necessaries 3
of life to act as an emergency fuel administrator, and thereupon the di- 4
rector shall have, with respect to fuel, all the powers and authority 5
granted by the Commonwealth Defence Act of nineteen hundred and 6
seventeen, being chapter three hundred and forty-two of the General 7
Acts of nineteen hundred and seventeen, to persons designated or ap- 8
pointed by the governor under section twelve of said chapter three hun- 9
dred and forty-two; and the governor may revoke such written authority 10
at any time. The provisions of said chapter three hundred and forty- 11
two are hereby made operative to such extent as the provisions of this 12
section may from time to time require. 13
Chaps. 23, 24.] 201
commission on foreign and domestic commerce.
1 Section 10. [Repealed, 1929, 357, § 2.]
1 Section 11. [Repealed, 1929, 357, § 2.]
general provisions.
1 Section 12. The department, in addition to offices in the state Department
2 house, shall be provided with offices elsewhere in the commonwealth if officl^'^t'T''*''
3 approved by the governor and council.
1912, 706, § 2; 726, § 3. 1916, 44. 1919, 350, § 12.
1 Section 13. The department may expend for the traveling expenses Expenses.
2 of its members and employees incurred in the performance of their duties IIIt. leg; | i:
3 and for other necessary expenses of the department such sums as are lll%^i^- ^ ®'
4 annually appropriated therefor.
R. L. 60. § 15; 62, § S; 106, § 1. 1910, 465, § 1. 1917 243
1904. 399, § 1. 1911, 632, § 1. 1918. 95, § 1;
1907, 534, § 2. 1912, 256, § 1; 706, § 2; 218,5 1.
1909, 514, 5 10. 726. § 3.
CHAPTER 24.
DEPARTMENT OF INDUSTRIAL ACCIDENTS.
Sect.
Sect.
1. Department of industrial accidents.
5. Inspectors.
2. Industrial accident board.
6. Branch offices.
3. Reviewing boards.
7. Medical adviser
3A. Reviewing board to hold hearings in
8. [Repealed.]
Springfield.
9. [Repealed.]
4. Secretary, expenses, etc.
1 Section 1. There shall be a department to be known as the depart- Department
2 ment of industrial accidents, consisting of the industrial accident board accTdints""'
3 hereinafter provided for. ^^'^' ^^°' ^ ^^■
1 Section 2. The industrial accident board shall consist of seven industrial
2 inembers, one of whom shall be a woman, at such salaries, not exceeding boar^a."'
3 six thousand dollars each, as the governor and council determine, except iii"§n''2
4 that the chairman, who shall be designated by the governor, shall receive If^'f''^-
5 such salary, not exceeding sixty-five hundred dollars, as the governor 1013.48. §1
6 and council determine. Upon the expiration of the term of office of a 1919: 299; ^ ''
7 member, his successor shall be appointed for five years by the governor, 1922, 537. 5 1.
8 with the advice and consent of the council. The members shall devote I930; till | };
9 their whole time in business hours to the work of the board.
1 Section 3. The chairman shall from time to time appoint one or Reviewing
2 more reviewing boards, each reviewing board to consist of not less than i9i7;'297, § 1.
3 three members, to decide matters required to be heard by such a board. "^^' '^^'
1 Section 3A. A reviewing board appointed under authority of sec- Reviewing
2 tion three shall hold hearings in the city of Springfield at least six times hdiiearings
3 each year to decide matters required to be heard by such board and i"9foT2f ''"*'
Secretary,
expenses, i
etc.
1911,
751,
III. f
!2.
1912,
571,
§7.
1913,
48,
§ 1.
1918,
231,
§2.
1919,
299,
§ 1:
350,
§68.
Inspectors
1.
1913,
813.
§9.
1931,
301,
§80.
202 DEPARTMENT OF INDUSTRIAL ACCIDENTS. [ChAP. 24.
relating to industrial accidents occurring, or to employees living, in 4
Berkshire, Franklin, Hampden and Hampshire counties. 5
Section 4. The salaries and expenses of the department shall be 1
paid by the commonwealth. The department may appoint and remove 2
a secretary. It shall also be allowed such sums as may annually be 3
appropriated by the general court for clerical service and traveling and 4
other necessary expenses. Its records shall be kept in its office. 5
1923, 477, § 2. 1930, 257. 229 Mass. 435.
Section 5. The department may appoint and remove not more 1
than six inspectors. They shall be required to pass examinations of a 2
comprehensive and practical character based upon the particular re- 3
quirements of the work to be done by them. 4
fgTrTOs^^ris. Section 6. There may be established and maintained under the con- 1
trol of the department not more than four branch offices in cities selected 2
by it, from time to time, after proper investigation, for the better adjust- 3
ment of disputed cases and for the better information of all parties as to 4
their rights under chapter one hundred and fifty-two. Said department 5
may provide such offices with rooms, furniture and equipment, and ap- 6
point such officers, agents, clerks and assistants as are necessary for the 7
discharge of its duties in connection with such offices. 8
^^™' Section 7. The department may appoint a duly qualified physician 1
1914, 708, § 15. as medical adviser and shall prescribe his duties. 2
1919, 299, § 1. 1930, 258.
Section 8. [Repealed, 1921, 462, § 8.] 1
Section 9. [Repealed, 1921, 462, § 8.] 1
Chap. 25.]
DEPARTMENT OF PUBLIC UTILITIES.
203
CHAPTER 25
DEPARTMENT OF PUBLIC UTILITIES.
Sect
1.
2.
3.
4.
S.
5A.
10.
Department of public utilities. Seal.
Commissioners.
Commissioners not to be interested in
certain companies, etc.
Certain powers and duties of the
chairman and commissioners.
Rulings of commission. Review.
Enforcement of orders, etc.
Department may summon witnesses,
etc. Fees.
[Repealed.]
Employees and counsel for the per-
formance of department's duties
relative to common carriers.
Expenses for the performance of de-
partment's duties relative to com-
mon carriers.
Expenses and employees for the per-
formance of department's duties
relative to water, gas and electric
companies.
Control over officers and employees.
Sect.
11. Assessment of appropriations upon
companies and municipalities.
12. Balance to be carried to next year.
SECURITIES DIVISION.
12A. Securities division. Director and as-
sistants.
12B. Director deemed commissioner, etc.,
for certain purposes.
DIVI.SION OF .SMOKE INSPECTION.
12C. Division of smoke inspection. Di-
rector.
12D. Functions of division. Inspectors,
assistants, etc.
12E. Salaries and expenses to be appor-
tioned among certain cities and
towns.
12F. Advisory council.
13. [Repealed.]
14. [Repealed.]
15. [Repealed.]
16. [Repealed.]
1 Section 1. There shall be a department of public utilities, in this Department of
2 chapter called the department. It shall have an official seal, which g^"'""*""'"^'
3 shall be judicially noticed.
1861, 168, § 1.
1864, 1.52, § 1.
1869, 408, I 1.
1874, 372, § 6,
P. S. 61, § 1; 112, §9.
1885, 314, § 1.
1889, 169; 373.
R. L. 58, § 1; 111, § 8: 121, 5 1.
1902, 228. §§ 1, 8; 432, § 1.
1906, 463, 1, §§ 1, 68; II, § 258.
1907. 316.
1913, 7.S4, §§ 1, 7.
1914, 742, §§ 133, 199.
1919, 3.50, § 117.
216 Mass. 432.
1 Section 2. The department shall be under the supervision and con-
2 trol of a commission of five members, in this chapter called the commis-
3 sion. The governor shall, with the advice and consent of the council,
4 annually appoint one commissioner for five years. The governor shall
5 designate one of said commissioners as chairman. The chairman shall
6 receive such salary, not exceeding eight thousand dollars, and each of the
7 other commissioners such salary, not exceeding seven thousand dollars,
8 as the governor and council determine.
463, I, §§1,2, 1913, 784, § 1.
1914, 742, §§ 133. 199.
1918, 283, § 1.
1919, 350, § 118.
1 Section 3. The commissioners shall be sworn to the faithful per-
2 formance of their official duties. They shall not be in the employ of, or
3 own any stock in, any gas or electric company, water company, railroad
4 corporation or street railway company, or company engaged in the trans-
5 mission of intelligence by electricity in the commonwealth, or be in any
6 way, directly or indirectly, pecuniarily interested in the sale of water
7 or the manufacture or sale of gas or electricity or of any article or com-
8 modity used by gas or electric companies or companies engaged in the
1898. 499.
1906. 417, § 1;
1900. 406.
68; II, § 258.
R. L. Ill,
§§8,9; 121, § 1.
1907, 316.
1902, 402;
432, § 1.
1910, 401; 539
Commis-
sioners.
1,S64. 152,
§§ 1. 8.
1869, 408,
§§ 1,8.
1874, 372,
§§ 6, 17.
1879, 287.
P. S. 112,
§§9, 10.
1885, 314,
§§ 1,2, 4.
Commissionera
not to be in-
terested in cer-
tain companies,
1864, 152, § 1.
1869, 408, § 13.
1874, 372, § 6.
1876, 206, § 1.
P. S. 112. § 9.
1885, 314,
§§ 1,4.
1894, 503.
1895, 313.
204
DEPARTMENT OP PUBLIC UTILITIES.
[Chap. 25.
1898, 499.
R. L. Ill, 8 8;
121, § 1.
1902, 432, 5 1-
1906. 433;
463, I,
§§ 1, 68; II,
§ 2.58.
1907, 316.
1913, 784,
§§1,3.
1914, 742,
§§ 133, 199;
787, § 1.
1918, 54.
transmission of intelligence by electricity or used for any purpose con- 9
nected with the sale or distribution of water, the manufacture or sale of 10
gas or electricity or the transmission of intelligence by electricity nor 11
shall they be connected with or in the employ of any person financing any 12
company engaged in the transmission of intelligence by electricity. They 13
shall not personally or through a partner or agent render any professional 14
service or make or perform any business contract with or for a railroad 15
corporation or street railway company chartered under the laws of the 16
commonwealth, except contracts made with them as common carriers, nor 17
shall they, directly or indirectly, receive a commission, bonus, discount, 18
present or reward from any such corporation or company. 19
Certain powers
and duties of
the chairman
and comniis-
sionprs.
1911, 7S5, § 6.
1913, 784, § 6.
1915, 193.
1918, 283, § 2.
1919, 350,
iU9.
Rulings of
commission.
Review. En-
forcement of
orders, etc.
1906, 433, I 7.
1913, 784,
§§27,28.
1919, 350,
§121.
216 Mass. 432.
224 Mass. 365.
228 Mass. 575.
229 Mass. 399.
232 Mass. 309,
329, 465.
251 Mass. 569.
256 Mass. 600.
262 Mass. 137,
583
267 Mass. 343.
Section 4. The chairman shall have and exercise supervision and 1
control over all the affairs of the commission. He shall preside at all 2
hearings at which he is present, and shall designate a commissioner to 3
act as chairman in his absence. He shall not, except as is otherwise pro- 4
vided herein, be charged with any administrative functions. In order to 5
promote efficiency in administration he shall from time to time make such 6
division or redivision of the work of the department among the com- 7
missioners as he deems expedient. All the commissioners shall, if so 8
directed by the chairman, participate in the hearing and decision of any 9
matter coming before the commission. In the hearing of all matters 10
other than those of formal or administrative character coming before 11
the commission, at least two commissioners shall participate and in the 12
decision of all such matters at least three commissioners shall participate. 13
In every case the concurrence of a majority of the commissioners par- 14
ticipating therein shall be necessary for a decision. With the consent of 15
all parties concerned in a matter coming before the commission, the 16
hearing may be held by a single commissioner. 17
Section 5. When so requested by any party interested, the commis- 1
sion, or any member or members acting for the commission, shall rule 2
upon any question of substantive law properly arising in the course of 3
any proceedings before the commission or any member or members 4
thereof, and any party in interest aggrieved by such ruling may object 5
thereto, and may secure a review thereof as hereinafter provided. Any 6
failure or refusal of the commission, or of any member or members 7
thereof acting for the commission, to rule upon such a question at the 8
request of any party in interest as aforesaid within ten days after such 9
request, shall be taken and recorded as a ruling adverse to the party 10
requesting the ruling. 11
The supreme judicial court shall have jurisdiction in equity to re- 12
view, modify, amend or annul any ruling or order of the commission, or 13
of any member or members representing the commission, but only to the 14
extent of the unlawfulness of such ruling or order. The procedure before 15
said court shall be that prescribed by its rules, which shall state upon 16
what terms the enforcement of the order shall be stayed. The attorney 17
for any party petitioning the supreme judicial court hereunder shall 18
file with the clerk of the court a certificate that he is of opinion that 19
there is such probable ground for the appeal as to make it a fit subject 20
for judicial inquiry, and that it is not intended for delay; and double 21
costs shall be assessed by the court upon any such party whose petition 22
shall appear to the court not to be a fit subject for judicial inquiry or 23
shall appear to be intended for delay. The burden of proof shall be 24
ClViP. 25.] DEPARTMENT OF PUBLIC UTILITIES. 205
25 upon the party adverse to the commission to show that its order is
20 invahd. Any proceeding in any court of the commonwealth directly
27 affecting an order of the commission or to which it is a party shall have
28 preference over all other civil proceedings pending in such court, except
29 election cases.
30 The supreme judicial court shall also have jurisdiction, upon applica-
31 tion of the commission, to enforce all valid orders of the commission and
32 the provisions of this chapter and of chapter one hundred and fifty-nine.
1 Section 5A. In all investigations and inquiries authorized by law Department
2 to be made by the department and in all proceedings before it, any com- witnessSTt"
3 missioner of the department may summon witnesses, administer oaths fgll, 259, § i.
4 and take testimony. The fees of such witnesses for attendance and '^^^' ^^^- * '^
5 travel shall be the same as for witnesses before the superior court and
6 shall be paid by the commonwealth upon the certificate of the depart-
7 ment filed with the comptroller. The fees of such witnesses need not
8 be paid or tendered to them prior to their attendance and testimony.
1 Section 6. [Repealed, 1923, 227.]
1 Section 7. For the performance of the department's duties relative Employees and
2 to common carriers the commission may appoint or employ and remove perfomarTce o^
3 such engineers, accountants, statisticians, bureau chiefs and division dXe^K^at^ve
4 heads, assistants, inspectors, clerks and other subordinates as are re- '°rrie"a"°°
5 quired therefor, and may appoint on such terms as it deems advisable J|^6, iss, 5 3.
6 a counsel and attorneys who, in the conduct of litigation and court pro- p s.' ri2.' 5 11.
7 ceedings, shall act under the direction of the attorney general. Account- isst! sm, 5 2.
8 ants shall be skilled in the methods of railroad accounting and under su^'lfl.'
9 the direction of the commission shall supervise the method by which the fssTg"'
10 accounts of corporations operating railroads or street railways are kept. 432"'5*P' ' ''
11 The commission shall appoint one or more competent experts to examine l^^M^Ji.''
12 the reports required by section eighty-three of chapter one hundred and li. §258. '
13 fifty-nine, and may, whenever in its opinion public interest requires, in 1910,' 401!
14 connection with any proposed issue of stock or bonds by a railroad 755,''§^4.*' ^^''
15 corporation or street railway company, employ competent experts to jj's^.'g.^'*'
16 investigate the character, cost and value for railroad or railway purposes l^^f ^27, 1 1.^
17 of the property of such corporation or company.
1 Section 8. For the performance of the department's duties relative Expenses for
2 to common carriers the commission may expend annually such sums to Lce^of depan-
3 procure opinions, advice, plans, surveys, appraisals, audits, examinations, fjfadve'to'^^
4 statistics, information, apparatus, instruments, books, tables, maps, ™™"°°
5 drawings, supplies, sundries, and for travel within or without the com- |gS?- ^9?' f V-,
f* 111 * • 1 1 1 • p • • 1874, 372, 5 17.
0 monweaith and expense mcidental thereto, as it may from time to time p s. 112, §10.
7 deem requisite in the performance of its duties. It may from time to 1901! 54. '
8 time cause to be made a compilation with annotations of the statutes of 1902,' 402,' § 1.'
9 this commonwealth relating to common carriers.
1906, 4.33, § 2; 463, I, §§ 2, 68; II, § 258. 1913, 784, 5§ 3, 9.
1910,401. 1918,54.
1 Section 9. For the performance of the department's duties relative Expenses and
2 to water, gas and electric companies the commission may expend annu- t^h^''perform-'^
3 ally for necessary statistics, books, stationery and contingent expenses, ^"em°s^dut'ier'
4 and for clerical and other assistance, such sums as the general court "ater'^gas and
206
DEPARTMENT OF PUBLIC UTILITIES.
[Chap. 25.
electric com-
panies.
1885, 314, § 5.
1891, 351.
1895, 463, § 1.
1899, 365.
1901, 499, 5 1.
R. L. 121, § 3.
1907, 54,
§§ 1. 3.
shall annually appropriate, and may appoint or employ, subject to the 5
approval of the governor and council, such expert assistance as it may 6
deem advisable, on such terms of office or employment as it may deem 7
proper, and may expend therefor and for the performance of the duties 8
imposed upon it by law such sums as the general court shall annually 9
appropriate. 10
1908, 536, §§ 1, 3.
1913, 317, §§ 1, 3.
1914, 631, § 1; 742, § 135; 787, § 2.
1931, 301, § 82.
Control over
officers and
employees.
1913. 784, § 9.
1914, 631, 5 2.
1931. 301,
5 100.
Section 10. The commission may assign to all officers and employees 1
appointed or employed under the three preceding sections such duties 2
as it shall from time to time deem advisable, but all acts of such officers 3
and employees shall be done under the supervision and control of, and 4
subject to revision by, the commission. 5
Assessment of
appropriations
upon com-
panies and
municipalities.
1885, 314, § 6.
1887, 382, § 4.
1891. 351.
1895, 463, 5 1.
1899, 365.
R. L. 121,
1904, 435,
§§1.3.
1909, 490.
in. §9.
1914, 742,
§§ 136, 199;
787, § 3.
1917, 205, § 3.
1919, 350,
U22.
§4.
Section 1 1 . The general court, in making annual appropriations for 1
the department, shall designate what portions thereof shall be used for 2
salaries of employees and expenses incurred in the performance of its 3
functions relative to gas, electric and water companies and municipal 4
lighting plants. Except as otherwise provided, the portions thus desig- 5
nated, including one half the sum annually appropriated for the salaries 6
of the commissioners, shall be apportioned by the commissioner of cor- 7
porations and taxation among the several gas and electric companies, 8
water companies and cities and towns which have acquired municipal 9
lighting plants, and, on or before July first in each year, he shall assess 10
upon each of said companies, cities and towns its share of said sums, in 11
proportion to gross earnings in the case of companies, and in proportion 12
to expenses as defined in section fifty-seven of chapter one hundred 13
and sixty-four, in the case of cities and towns, for the year last pre- 14
ceding the year in which the assessment is made; and such assessments 15
in the case of companies shall be collected in the manner in which taxes 16
upon corporations are collected, and in the case of cities and towns, in 17
the manner in which the state tax is collected. 18
Balance to be
carried to next
year.
1904, 435, § 2.
1914, 742,
§§ 137, 147,
177, 191, 199;
787, § 5.
1920. 295.
1928, 139. § 2.
Section 12. Of the amount so assessed and collected any balance 1
remaining on November thirtieth in any year, and all forfeitures col- 2
lected during the preceding fiscal year from such companies and from 3
municipalities owning lighting plants for failure to make returns and all 4
fees collected during said year from such companies and municipalities 5
and from consumers of electricity, gas and water for testing meters, shall 6
be carried forward to the next year and shall be taken into account in 7
making an appropriation for that year. 8
Securities
division.
Director and
assistants.
1929, 287, § 1.
SECURITIES DIVISION.
Section 12A. There shall be in the department, and under its 1
general supervision and control, a securities division which shall be under 2
the charge of a director. The commission, with the approval of the 3
governor and council, shall appoint said director for a term of five years, 4
and fix his compensation. The commission, with like approval, or the 5
governor, may remove said director at any time for cause. Said di- 6
vision shall perform such of the functions in relation to the adminis- 7
tration and enforcement of chapter one hundred and ten A imposed 8
upon the commission by said chapter as the commission may from time 9
ClIAP. 25.] DEPARTMENT OF PUBLIC UTILITIES. 207
10 to time determine by order duly recorded in the office of the commission
11 and open to public inspection. The commission may employ such as-
12 sistants and employees to serve in said division as may be necessary.
1 Section 12B. For the purposes of section five A, the said director Director
2 shall be deemed a commissioner of the department; for the purposes of nSonerl'etc.,
3 section seven of chapter one hundred and ten A, an order or finding by [."urposes"'
4 said director, or his failure or refusal to make an order or finding, shall ^^'^- ^*^- * ^•
5 be deemed an order, finding, failure or refusal by the commission; and
6 for purposes of service of process under section eight of said chapter and
7 of signing the certificate under paragraph (c) of section eleven thereof,
8 said director shall be deemed the secretary of the commission. Section
9 fourteen of said chapter shall apply to witnesses before the said director.
DIVISION OF SMOKE INSPECTION.
1 Section 12C. There shall be in the department, and under its Diviaion of
2.* 1 ,1 J*** J? !• J* •,■ i» smoke inapec-
supervision and control, a division of smoke inspection consisting of a tion.
3 director, who shall have charge of said division, and an advisory council 1930^380, § 1.
4 hereinafter provided for. The commission, with the approval of the
5 governor and council, shall appoint said director for a term of five years,
6 and fix his compensation. The commission, with like approval, or the
7 governor, may remove said director at any time for cause. Said di-
8 rector shall not engage in any other business, and he shall be an experi-
9 enced engineer.
1 Section 12D. Said division shall perform such of the functions in Functionaof
2 relation to the administration and enforcement of chapter six hundred inapentora,
3 and fifty-one of the acts of nineteen hundred and ten, and acts in amend- i93a*38o,' f i!
4 nient thereof or in addition thereto, as have been vested in the com-
5 mission by said chapter and acts as the commission may from time to
6 time determine by order duly recorded in the office of the commission
7 and open to public inspection. The commission may employ such
8 inspectors, assistants and other employees to serve in said division as
9 may be necessary.
1 Section 12E. The salaries of the director and all employees of the salaries and
2 division and the expenses incurred in the performance of its functions apportioned
3 shall be apportioned annually by the state treasurer among the cities ciTies an" ""'
4 and towns comprising the district defined by said chapter six hundred igaofsso, § 1.
5 and fifty-one, and acts in amendment thereof and in addition thereto,
6 in proportion to their last annual taxable valuation, and the amount so
7 apportioned shall be added to their proportion of the state tax.
1 Section 12F. Said advisory council shall consist of five members Advisory
2 appointed by the governor, with the advice and consent of the council, 1930, aso, § 1.
3 who shall be designated in their initial appointments to serve as follows :
4 — two for three years, two for two years and one for one year. Upon
5 the expiration of the term of office of a member, his successor shall be
6 appointed in the manner aforesaid for three years. Said council shall
7 meet at least once a month, and when requested by the director or by
8 any three members thereof, for the consideration of problems and mat-
9 ters relating to the abatement of smoke. The members shall receive no
208
[Chaps. 25, 26.
compensation, but shall be reimbursed for their necessary expenses actu- 10
ally incurred in the performance of their official duties. 11
Section 13. [Repealed, 1928, 139, § 1.]
Section 14. [Repealed, 1928, 139, § 1.]
Section 15. [Repealed, 1928, 139, § 1.]
Section 16. [Repealed, 1928, 139, § 1.]
CHAPTER 26.
DEPARTMENT OF BANKING AND INSURANCE.
Sect.
1. Divisions of the department.
DIVISION OF BANKS AND LOAN AGENCIES.
2. Commissioner of banks.
Appointment, etc., of deputy com-
missioner and employees. Ex-
penses. Bonds.
Supervisor of loan agencies.
Board of bank incorporation.
3.
DIVISION OF INSURANCE.
6. Commissioner of insurance.
7. First deputy and other assistants,
appointment, duties. Appeals to
commissioner.
Sect.
8. Board of appeal on fire insurance
rates.
8.4. Board of appeal on motor vehicle
liability policies and bonds.
DIVISION OF SAVINGS BANK LIFE INSURANCE.
9. Division. Commissioner of saWngs
10.
11.
12.
bank life insurance.
Trustees of the General Insurance
Guaranty Fund. Deputy.
State actuary.
State medical director.
Divisions of
the depart-
ment.
1906, 204, 5 5.
1919, 350,
S§4S, 46.
Section 1. There shall be a department of banking and insurance, 1
consisting of a division of banks and loan agencies, a division of insur- 2
ance, and a division of savings bank life insurance. Each division shall 3
be in charge of a commissioner, who shall be known, respectively, as 4
the commissioner of banks, the commissioner of insurance and the 5
commissioner of savings bank life insurance. The commissioners shall 6
act as a board in all matters concerning the department as a whole. 7
Commissioner
of banks.
1838, 14,
8§1, 9.
1843, 43.
1844, 45.
1851, 127,
§§ 1, 9.
G. S. 57.
5§1, 11.
1862, 212,
1886, 192,
§§1,9.
1870, 244.
1876, 231.
1879, 124;
293, § 3.
P. S. 116,
§§ 1, 2.
§1.
division of banks and loan agencies.
Section 2. Upon the expiration of the term of office of a commis- 1
sioner of banks, his successor shall be appointed for three years by the 2
governor, with the advice and consent of the council. The commissioner 3
shall receive such salary, not exceeding six thousand dollars, as the gov- 4
ernor and council determine. He shall not be an officer of or directly or 5
indirectly interested in any national bank or in any bank, trust company, 6
corporation, business or occupation that requires his official supervision, 7
and he shall not engage in any other business. He shall give bond with 8
.sureties in the sum of twenty thousand dollars, to be approved by the 9
state treasurer, for the faithful performance of his duties. 10
5 1. R. L. 113, §§ 1,2.
§§1,2.
1886, 252,
1889, 321.
1894, 317,
R. L. 113, §§ 1,
1902, 490, § 1.
1906, 204, i 1.
1908, 590, §§ 2, 69.
1919.350, §§45,49.
1920, 596, § 1.
Chap. 26.] division of insurance. 209
1 Section 3. Subject to the approval of the governor and council, Appointment,
2 the commissioner may appoint, remove, and fix the salary of, a deputy deputy com-
3 commissioner. The commissioner may appoint and remove such clerical employees""
4 and other assistants as the work of the division may require. He shall »umi™^°'
5 be allowed necessary expenses, including those for the investigation of, Ig'^'s.'g*'
6 and prosecution for, violation of any provision of sections ninety-six to 55'5'9"^'
7 one hundred and fourteen, inclusive, of chapter one hundred and forty, ^i f n'
8 and the actual expenses incurred by him and his subordinates in travel- 1862,212, §2.
9 ing in the performance of official duties. The clerical and other assistants isto! 244I
10 shall gi\e bonds, with sureties to be approved by the commissioner, for lire! ill'; ^ *'
11 the faithful performance of their duties. ^®^' ^^^
1880, 161, § 5. 1897, 362. 1913, 294.
P. 3.116, §2. R. L. 113, §2. 1916,194.
1882, 148. 1902, 490, § 1. 1919, 350, § 49.
1886, 252, §§ 2, 3. 1906, 204, §§ 2, 5. 1920, 546, § 4.
1889, 77. 1908, 590, §§ 3, 69. 1922. 513.
1894,317,5 2. 1911. 727, §1. 1931,301,5 83.
1895, 66. 1912, 516, § 1; 675, § 1.
1 Section 4. The commissioner of banks may, with the approval of p^p^vieor of
^^ ^ rr lORii fluencies*
2 the governor and council, appoint and remove a deputy as supervisor of \l\\- p^- 1 }■
3 loan agencies, who shall give bond in the sum of five thousand dollars, isiai 638! § i.'
4 with sufficient sureties, payable to and approved by the state treasurer, '
5 and, subject to the approval of the governor and council, may fix his
6 compensation.
1 Section 5. There shall be a board of bank incorporation serving in Board of
2 the division, consisting of the state treasurer, the commissioner of banks '
3 and the commissioner of corporations and taxation.
1906, 204, §§ 4, 5. 1908, 590, §§ 4, 69. 1909, 491, § 2. 1919, 350, §§ 47, 49.
bank incor-
poration.
division of insurance.
1 Section 6. Upon the expiration of the term of office of a commis- Commissioner
2 sioner of insurance, his successor shall be appointed for three years by i852?'mi°''§ 5;
3 the governor, with the advice and consent of the council. The commis- ?8.5i.^53, 5 42.
4 sioner shall receive such salary, not exceeding six thousand dollars, as If^f',*^!'
5 the governor and council determine. He shall give bond with sureties Jf^|'"'"' ' '■
6 in the sum of ten thousand dollars, to be approved by the state treas- §51.11'
7 urer, for the faithful performance of his duties.
1866, 255. 1879, 109, § 1. 1890, 247. 1907, 576, §S 4, 122.
1867, 267, 5 § 8, 9. P. S. 119, §2. 1894,522,5 4. 1919,350,5 50.
1876,210,51. 1887,214,5 4. R. L. 118, 5 4. 1920, 181; 596, 5 2.
1 Section 7. The commissioner of insurance may appoint and remove, First deputy
2 with the approval of the governor and council, a first deputy, an actuary a°sistantl,
3 and a chief examiner and such additional deputies, examiners, assistant me'JiTduties.
4 actuaries and inspectors as the service may require. In case of a va- ro'SSsgio^ner.
5 cancy in the office of commissioner, and during his absence or disability, }|^g' Hf ^
6 the first deputy shall perform the duties of the office, or in case of the ,i867,' le?,' 5 s!
7 absence or disability of such first deputy, the deputy who has been i869, 434.
8 longest in the service of the division. The commissioner may appoint 1872! 374!
9 and remove such clerical and other assistants as the work of the division Jl??; 20°:
10 may require. Such deputies, examiners, actuaries, inspectors, clerks ^s^'ng;
11 and other assistants shall perform such duties as the commissioner may f|g|"*87
12 prescribe; provided, that any person aggrieved by any finding, ruling '||^'|i^' ^^■
13 or decision rendered upon a hearing authorized by law held before a 1894! 522, 5 5.
14 person other than the commissioner, may, within three days, or such is96!335.
15 further period in any particular case as the commissioner may allow, fgoV. 576,' ' ^'
55 5,' 122.'
210
DIVISION OF INSURANCE.
[Chap. 26.
1911, 292, 5 1. after the filing of such finding, ruling or decision in the office of the 16
loyfest^' commissioner, appeal therefrom to the commissioner who shall review 17
1918 254 the case and may modify, affirm or reverse such ruling, finding or 18
1919; 35o; 5 50. decision. 19
1920, 181.
1924, 261.
1931, 301, § 84.
Board of
appeal on
fire insurance
rates.
1911, 493,
§§1,3.
1919. 350,
§§48, 50.
1920, 181.
Section 8. There shall be a board of appeal on fire insurance rates
serving in the division of insurance and consisting of two appointive
members, who shall be citizens of the commonwealth, and the commis-
sioner of insurance or a deputy designated by him, ex officio. The
commissioner or such deputy shall be chairman of the board. Upon
the expiration of the term of office of an appointive member, his successor
shall be appointed for three years by the governor, with the advice and
consent of the council. An office and a room for hearings shall be pro- 8
vided by the commonwealth, when deemed necessary by the governor 9
and council, and the board may employ a stenographer, and shall have 10
power to compel the attendance of witnesses and the production of 11
books and documents. The compensation of each appointive member 12
shall be ten dollars a day for each day or fraction thereof while engaged 13
in the performance of his duties. 14
Board of
appeal
on motor
vehicle lia-
bility policies
and bonds.
1925, 346, § 3.
1926, 272.
1928, 381, 5 1.
Section 8A. There shall be a board of appeal on motor vehicle
liability policies and bonds serving in the division of insurance and
consisting of the commissioner of insurance or his representative, the
registrar of motor vehicles or a representative, and an assistant attorney
general to be designated from time to time by the attorney general. The
commissioner of insurance may by a writing, in such form as he may
prescribe, filed in his office, designate from time to time a representative
to act in his place and the commissioner of public works may in like
manner designate from time to time a representative to act in the place
of said registrar. Any such designation may be revoked at any time and
may run for such period as the designating officer may prescribe. The
compensation of such a representative, if not an employee of the com-
monwealth, shall be fixed by the board, subject to the approval of the
governor and council. The commissioner of insurance or his repre-
sentative shall be the chairman of the board. With the approval of
the governor and council, the board may appoint and remove a secretary
and such clerical and other assistants as its work may require, and fix
their compensation. All expenditures incurred under this section shall
be paid from the highway fund. The secretary shall keep a record of
all proceedings before the board, and he and such clerical and other
assistants shall perform such duties as the board may direct. Any mem-
ber of the board shall have power to summon and compel the attend-
ance and testimony of witnesses and the production of books, records
and documents and may administer oaths. Sections nine and eleven
of chapter two hundred and thirty-three shall apply to the board and
witnesses summuiied before it. The fees of witnesses before the board
for attendance and travel shall be the same as for witnesses before the
superior court in civil cases and need not be paid nor tendered to them
prior to their attendance, and shall be paid by the commonwealth upon
the certificate of the board or a member thereof filed with the comp-
troller. An office and a room for hearings shall be provided by the
commonwealth, to be assigned by the governor and council. The board.
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
25
26
27
28
29
30
31
Chap. 26.] division of savings bank life insurance. 211
33 with the approval of the governor and council, may make anrl amend
34 reasonable rules and regulations to expedite and regulate hearings and
35 the procedure before it.
division of savings bank life insurance.
1 Section 9. The division of savings bank life insurance shall consist Division.
2 of the body corporate known as the General Insurance Guaranty Fund. of°saving8°bank
3 The commissioner of savings bank life insurance shall be one of the i907"56T"ru-
4 board of trustees of the corporation, designated by the governor as §§'46,^m.'
5 such commissioner. His term shall be that of his appointment as '^-°' ^'^*-
f) trustee. He shall act as president of the board of trustees of said corpo-
7 ration, and shall have general supervision and control of the work of
8 the division.
1 Section 10. The governor, with the advice and consent of the Trustees of
2 council, shall annually appoint a trustee of the General Insurance insu?Incr'
3 Guaranty Fund for seven years from .July first in the year of his appoint- pund'""^
4 ment. Such trustee shall serve without compensation and shall be J^o''7'"^gi « 14
5 selected from persons who are trustees of savings banks or of savings il'^^.f,"'
G and insurance banks. The trustees may elect from their own number a 1920,' sei.
7 vice president to act as president of the board of trustees in the absence
8 or disability of the president, and shall elect a treasurer and a clerk, all
9 of whom shall hold office for one year and until their successors are
10 appointed. The trustees may, with the approval of and subject to
11 confirmation by the governor and council, appoint, and with their con-
12 sent remove, a deputy who shall discharge the duties of the commissioner
13 during his absence or disability.
1 Section 11. The trustees shall, with the approval of the governor state actuary.
2 and council, appoint, and may with their consent remove, an insurance !|?I; 2%'. 1 1*'
3 actuary to be called the state actuary, and his salary or compensation \ll\' l^f I If
4 shall be paid by the commonwealth. The trustees may also appoint
5 such clerks and assistants to the state actuary as the public business in
6 his charge may require.
1 Section 12. The trustees shall, with the approval of the governor state medical
2 and council, appoint, and may with their consent remove, a physician igof'sei, § 16.
3 to be known as the state medical director, and his salary or compensation \ll\] 30?; | tt
4 shall be paid by the commonwealth. The state medical director may
5 appoint such assistants, if any, as the public business in his charge
6 requires.
212
DEPARTMENT OF CORKECTION.
[Chap. 27.
CHAPTER 27.
DEPARTMENT OF CORRECTION.
Sect.
1. Department of correction.
sioner.
2. Deputies.
3. Clerical assistants, etc.
Commis-
Sect.
4. Agents.
5. Board of parole.
6. No officer to be interested in contracts,
etc.
Department
of correction.
Commissioner.
1827. lis,
§U.2.
R.S. 144,
§§2.3.
1850, 37.
G. S. 179, § 8.
1870, 370,
§§ 1, 10.
1879, 294,
a 1. 35.
Section 1. There shall be a department of correction, under the 1
supervision and control of a commissioner of correction. The commis- 2
sioner shall be the executive and administrative head of the department, 3
and shall receive such salary, not exceeding six thousand dollars, as the 4
governor and council may determine. Upon the expiration of the term 5
of office of a commissioner, his successor shall be appointed for three 6
years by the governor, with the advice and consent of the council. 7
P S 219, §§ 1, 2. R. L. 222, § 1. 1919, 350. §§ 82-84.
1893, 453. 1913. 829, § 8. 1 Op. A. G. 487.
1901, 364, §§ 1, 2. 1916, 241, §§ 1-4.
Deputies.
1913, 829, § 5.
1916, 241, § 3.
1919, 350, § 84.
Section 2. The commissioner may, with the approval of the gov-
ernor and council, appoint and remove two deputy commissioners, and,
with like approval, fix their compensation. The deputy commissioners
shall perform such duties as the commissioner shall prescribe, and he
may designate one of them to discharge the duties of the commissioner
during his absence or disability.
Clerical
assistants,
etc.
Section 3. The commissioner may appoint a director of physical 1
training and employ such clerical assistants as may be necessary. 2
1870, 370, § 11.
1877, 120, § 1.
1879, 294, §§2, 31.
P. S. 219, §§ 3, 39.
1885, 52.
1888, 328.
1895, 431.
R. L. 222,
§2.
1916. 241, §§ 1, 7,9.
1919, 3o0, §§ 82, 84.
1920, 421.
1931, 301, § 87.
Agents.
1845. 176,
§§ 1.2.
1848, 82, § 2.
1852, 213, § 1.
G. S. 180,
§§ 64, 68.
1861, 78, § 2.
1871, 302, § 1.
1879, 294. § 27,
1881, 179, § 1.
P. S. 219.
§§ 26, 27.
1887. 315, § 2.
1888, 330,
§§1.3.
1895, 383.
1897, 350.
R. L. 225,
§§ 136, 137.
Section 4. The commissioner may employ such number of male
and female agents as may be approved by the governor and council to
enable him and the board of parole to carry out the laws relative to the
parole of prisoners from state penal institutions, their supervision while
on parole and the procuring of employment for them, and may remove
them. One or more of said agents may be designated by the commis-
sioner as agents for aiding discharged prisoners. The agents shall give
their entire time during business hours to their duties, and shall be
reimbursed for the necessary expenses actually incurred in the per-
formance of their duties, after the bills therefor have been approved by
the commissioner.
1903, 212, § 1.
1905, 235.
1913, 829, § 5.
1916, 249.
1919, 266,
1920, 342.
§1.
1923, 231, § 1.
1931, 301. § 88; 350,
1
2
3
4
5
6
7
8
9
10
11
§3.
Board of
parole.
1880, 218, 5 1.
P. S. 222, 5 20.
1894, 258.
R. L. 225,
§ 113.
1913, 829,
§§ 1-3, 7.
1915. 206.
1916, 241,
§§1,2,5.
Section 5. There shall be in the department a board of parole,
consisting of a deputy commissioner designated by the commissioner
and two appointive members. Upon the expiration of the term of office
of an appointive member, his successor shall be appointed by the gov-
ernor, with the advice and consent of the council, for three years. The
governor shall designate the chairman of the board. The deputy com-
Chaps. 27, 28.]
213
7 niissioner shall receive no additional compensation for his services on loio. 350, § 85.
8 said board. The two appointive members shall receive such salary, not 1924', 439.
9 exceeding twenty-five hundred dollars each, as the governor and council 1 op! a^g. 228.
10 may determine; but if one of said members is designated as chairman,
11 he shall receive a salary not exceeding five thousand dollars. The
12 appointive members of the board shall be reimbursed by the common-
13 wealth for actual expenses incurred by them in the performance of their
14 ofl^cial duties. With the approval of the commissioner, said board
15 may expend annually from the appropriation for contingent and other
16 expenses of the department a sum not exceeding two hundred dollars
17 for examinations by physicians of prisoners whose cases come before
18 said board for action.
1 Section 6. No ofl^cer of the department shall be concerned or inter- No officer to
2 ested directly or indirectly in a contract, purchase or sale made on con'wl'c'tsfltc"'
3 account of any prison.
1827, 118, § 16.
R. S. 144, § 23.
G. S. 179, § .36.
1879, 294, § 1.
P. S. 219, § 2.
R. L. 222, § 1.
CHAPTER 28.
METROPOLITAN DISTRICT COMMISSION.
Sect.
1. Metropolitan district commission.
2. Salaries of commissioners, etc.
3. Commissioner to be head of commis-
sion. Divisions. Directors.
4. Employees.
Sect.
5. Division of metropolitan planning;
commissioners.
6. Same subject; powers and duties, esti-
mates, annual report.
1 Section 1. There shall be a metropolitan district commission, con- Metropolitan
2 sisting of a commissioner and four associate commissioners, who shall at f^^tHlon ™"'
3 the time of their appointment be resident within the district of which \llf *39. | }•
4 the commission has jurisdiction, and at least one shall be a resident of iss^i 488! § i.
5 Boston. Upon the expiration of the term of office of a commissioner or 1900! 393!
6 an associate commissioner, his successor shall be appointed for five years §u,'2.*4.' '^*
7 by the governor, with the advice and consent of the council. §§'i'23^°m.
1 Section 2. The commissioner shall receive such salary, not exceeding salaries of
2 six thousand dollars, and each associate commissioner such salary, not ^mmisaioners,
3 exceeding twenty-five hundred dollars, as the governor and council }!?• "?■ f }■
determine.
1895. 4S8, § 1.
1899, 400.
1900. 393.
1901. 146: 168, § 3.
1902, 77.
1919. 350. § 125.
1 Section 3. The commissioner shall be the executive and adminis- commissioner
2 trative head of the commission and shall organize it in such divisions as commiSton"'
3 he may from time to time determine. He may, wath the approval of gi™to«'.
4 the governor and council, appoint a director of each division to have \llf *g^. 1 2.
5 charge of its work, and may, with like approval, remove him. The 1895! 488! §2!
6 compensation of directors shall be fixed by the commissioners, with the 1919! 350!
7 approval of the governor and council. ^* '^^' ^^®'
214
METROPOLITAN DISTRICT COMMISSION.
[Chap. 28.
Employees.
1889. 439, 5 2.
1893, 407,
§§2,4.
1894, 288, 5 3.
1395, 272; 488,
§2.
1901, 168, § 5.
1919, 330,
§ 126.
1920, 567.
1931, 301, 5 89
Section 4. The commissioners may appoint a secretary, engineering 1
chiefs, a purchasing agent, engineers, inspectors, officers and members 2
of the poHce force, one or more women as special police officers, clerks .3
and such other officers and employees as the work of the commission 4
may require, may assign them to divisions, transfer and remove them. 5
The secretary and engineering chiefs shall be exempt from chapter 6
thirtv-one. 7
Division of
metropolitan
planning;
commissionera.
1923. 399, § 1.
1925, 129.
Same subject;
powers and
duties, esti-
mates, annual
report.
1923, 399, § 1.
1924, 354.
Section .5. There shall be organized within the metropolitan dis- 1
trict commission a division of metropolitan planning. Said division 2
shall be in charge of seven commissioners, three of whom shall be ap- 3
pointed by the governor, with the advice and consent of the council, for 4
terms of five years from the date of their respective appointments and 5
without compensation; the commissioner or an associate commissioner 6
of public works, to be designated from time to time by the commissioner 7
of public works; a commissioner of the department of public utilities, 8
to be designated from time to time by the chairman of said department ; 9
the commissioner or an associate commissioner of the metropolitan dis- 10
trict commission, to be designated from time to time by the commissioner 11
of said commission; and an officer of the transit department of the city 12
of Boston, to be designated from time to time by the chairman thereof. 13
The chairman of said division shall be designated by the governor. 14
Section 6. Said division shall investigate and make recommenda- 1
tions as to transportation service and facilities within the district con- 2
sisting of all the cities and towns in the metropolitan sewer districts, 3
and the metropolitan parks district, and the co-ordination thereof upon 4
highways, roads, bridges, waterways, railroads, street railways and 5
other arteries of traffic; the manner of effecting such co-relationship 0
and what improvements and new facilities should be provided for a 7
comprehensive and co-ordinated de\elopment of transportation for said 8
district. It shall confer with the local planning agencies in the district 9
with regard to such projects as are not of an exclusively local character. 10
It shall recommend the method of carrying into effect and financing 11
the projects recommended by it, and shall make such maps, plans and 12
estimates of cost as may be needed for its investigations and reports, 13
and may employ such assistants therefor as it deems necessary. It 14
may sell such maps or other maps prepared by it from time to time in 15
connection with the work under its charge at such prices and on such 16
conditions as it may determine. The various other departments, boards 17
and divisions of the commonwealth, the public trustees, respectively, of 18
the Boston Elevated Railway Company and of the Eastern Massa- 19
chusetts Street Railway Company, the street commissioners, planning 20
boards and other officials of cities and towns comprising said district, 21
and the various public utilities operating therein may consult with it 22
and furnish all facts and information requested within their knowledge 23
or control. _ _ 24
The division shall annually submit to the budget commissioner the 25
estimates required by sections three and four of chapter twenty-nine, 20
and shall prepare and file an annual report as required by sections thirty- 27
two and thirty-three of chapter thirty. 28
Chap. 29.]
STATE FINANCE.
215
TITLE III.
LAWS RELATING TO STATE OFFICERS.
Chapter 29. State Finance.
Chapter 30. General Provisions relative to State Departments, Commissions,
Officers and Employees.
CHAPTER 29.
STATE FINANCE.
Sect.
1. Definition of "departments".
2. Disposition of state revenues.
3. Estimates of amounts required for or-
dinary maintenance, etc., to be
filed.
4. Estimates for other purposes to be
filed.
5. Annual statements to be filed w-ith
budget commissioner by comp-
troller.
5A. Annual forecasts of probable annual
construction expenditures.
6. Budget.
7. Estimates for building construction,
etc., to be accompanied by prelim-
inary studies, etc.
8. Procedure when general court author-
izes construction, etc.
9. Payment for estimates when general
court fails to make appropriation
to carry out construction, etc.
9A. Metropolitan district commission to
include in its budget estimates cer-
tain contributions by common-
wealth as pensions, etc.
10. Officers, etc., may continue expendi-
tures at rate of preceding fiscal
year.
11. Advances to members of general
court.
12. Appropriations to be made for fiscal
year.
13. Unexpended appropriations for ordi-
nary maintenance.
14. Application of appropriations for
other than ordinary maintenance.
15. Successive appropriations.
16. Payments from ordinary revenue, etc.
17. Payment withheld from person hav-
ing unadjusted account.
Sect.
18. Payments from the treasury regu-
lated.
19. Itemized bills.
20. Payments from appropriations, how
authorized.
21. Specific approval of office expenses
by governor and council not re-
quired.
22. Payments limited to expense incurred.
23. Advances from the treasury.
24. Officers to certify immediate need.
25. Statement in detail to comptroller.
26. Expenses not to exceed appropria-
tions; obligation incurred in excess
thereof not to impose liability on
commonwealth.
27. Expenses and increases regulated.
Exception as to certain contracts
by department of public works.
28. Payment for publishing state publi-
cations.
29. Transfer of funds with approval of
comptroller.
30. Insurance.
31. Salaries, when payable. Advances.
32. Disposal of unpaid checks.
33. [Repealed.]
34. Depo.sit of public moneys.
35. Assignment of bonds, mortgages, etc.
36. State treasurer may assign instead of
discharge mortgage.
37. State treasurer may sell real estate
held by foreclosure.
38. Investment of funds of the common-
wealth.
39. Registration of bonds, etc., held by
the commonwealth.
40. Trust deposits with state treasurer
regulated.
216
STATE FINANCE.
[Chap. 29.
Sect.
41. Custody of bonds, etc., belonging to
commonwealth.
42. Annual examination of securities by
committee of council.
43. [Repealed.]
44. Unappropriated income.
45. Application of accumulations of sink-
ing funds. Investment of sinking
funds limited.
46. Transfer of securities from one fund
to another.
47. State treasurer may borrow in antici-
pation of receipts.
48. Notes for borrowed money.
49. Bonds, etc., to be issued on serial
payment plan.
50. Amount to be included in state tax.
51. Assessments on metropolitan dis-
tricts.
Sect.
52. Application of premium.
53. Proposals for certain bonds or notes
issued by commonwealth.
54. Deposits by bidders.
55. Payment of expense of sale, etc., of
bonds, etc.
56. Transfer of unexpended receipts from
sales of bonds, etc.
57. Bonds or scrip payable in gold.
58. Issue of registered in exchange for
coupon bonds.
59. Issue of duplicate bonds when orig-
inals have been lost or destroyed.
60. Bond of indemnity by owner of lost
or destroyed bond.
61. Requirement of oath of claimant.
62. Agent to prosecute claims.
Definition of
"depart-
ments".
1923, 362, § 19.
Section 1. The word "departments", as used in this chapter, shall, 1
unless the context otherwise requires, mean all the departments of the 2
commonwealth, except the departments of banking and insurance and 3
of civil service and registration but including in lieu thereof the divisions 4
of banks and loan agencies, of insurance, of savings bank life insurance 5
and of civil service and the several boards serving in the division of 6
registration of the department of civil service and registration, and also 7
including the metropolitan district commission and the commission on 8
administration and finance. 9
Disposition of
state revenues.
1917, 277. § 1.
1931. 426,
§136.
Section 2. All revenue payable to the commonwealth and available 1
for meeting any costs or expenses of state offices, departments or under- 2
takings, or for meeting any other cost or expense of the state govern- 3
ment, shall be paid into the general fund or ordinary revenue, except 4
revenue from or on account of the metropolitan district commission and 5
its activities, revenue for meeting the principal of or interest on con- 6
tingent debt, revenue from investments of sinking funds, revenue now 7
placed by law in the highway fund, revenue now placed by law in the 8
land registration assurance fund, and all revenue for trust funds, includ- 9
ing the Massachusetts school fund, the contributions of state employees 10
to their retirement fund, and the contributions of public school teachers 11
to their retirement fund, which funds shall be maintained and the 12
income applied in accordance with existing laws. 13
Estimates of
amounts re-
quired for
ordinary main-
tenance, etc.,
to be filed.
IS.W, l.'iS. § 1.
G. S. 15, § 28.
1872, 349.
1880, lliO, 5 1.
P. S. 16, § 26.
1885, 41.
R. L. 6. § 20.
1905, 211, § 6.
1910, 220,
§§ 1,6.
1912,719,
5§3, 11.
1917, 278, § 1.
1918, 244,
S§ 1. 5.
1923, 300.
Section 3. Every officer having charge of any office, department or 1
undertaking which receives an annual apjiropriation of money from the 2
commonwealth, including annual appropriations to be met by assess- 3
ments, shall annually, on or before October fifteenth, submit to the budget 4
commissioner statements showing in detail the amounts appropriated 5
for the current fiscal year, and estimates of the amounts required for 6
ordinary maintenance for the ensuing fiscal year, with an explanation 7
of any increased appropriations recommended, and with citations of S
the statutes relating thereto, and sta'tements showing in detail the 9
revenue and estimated revenue of the office, department or undertaking 10
in his charge for the current fiscal year and his estimate of the revenue 11
Chap. 29.] state finance. 217
12 from the same or any additional sources for the ensuing fiscal year,
13 with his recommendations as to any changes in the management, prac-
14 tices, rules, regulations or laws governing the office, department or
15 undertaking in his charge which would effect an increase or cause a
16 decrease in revenue from operations, fees, taxes or other sources or
17 which would facilitate its collection, together with any other informa-
18 tion required at any time by the budget commissioner. The said esti-
19 mates shall not include any estimate for any new or special purposes
20 or objects not authorized by statute.
1 Section 4. Officers and heads of departments who, in their annual Estimates for
. . ,'..„, other purpoaeB
2 reports or otherwise, recommend or petition for the expenditure of t° i"^ fi'^d
3 money by the commonwealth from any source of revenue, including 1912! 719!
4 expenditures to be met by assessments or the issue of notes or bonds, 1917, 278. 5 2.
5 for any purpose not covered by the estimates required to be submitted Ifl,'!"'
6 under the preceding section shall annually, on or before October fif- ^^^^' ^^^' ' ^''•
7 teenth, submit detailed estimates thereof to the budget commissioner,
8 together with any other information required by him.
1 Section 5. The comptroller shall annually, on or before December Annual
2 twenty-sixth, submit to the budget commissioner statements setting be'^filSf^th"
■} fnrth ■ budget
u iwiLii. commissioner
4 (a) The expenditures for all state purposes for the preceding fiscal i849,°56^'}°"'"'
5 year, itemized separately so as to show expenditures made from grants }|||' f^^ |\
6 from the United States, trust funds and sources other than state revenue, g. a'. 15, '§ e.
7 (b) The appropriations for the preceding fiscal year. i872,'349!
8 (c) Estimates of all claims and other expenditures authorized by fssl, 4i'. * ^^
9 law and not required to be filed under section three. f§ 12,%,
10 (d) The actual revenue for the three preceding fiscal years, itemized jjf'l'^'
11 so as to show the sources from which received. JsoS' 597, 5 5
12 (e) The condition of the cash on hand, itemized separately so as to §§i.'2, 6.'
13 show cash derived from special revenue not available for general state 5§3,'4.
14 purposes, cash held to meet authorizations and obligations previously igisi 244', § 3!
15 made and incurred, and cash which is unencumbered and available for {92!; Uf, ' ^''
16 appropriation.
1 7 (/) The condition of the state debt.
1 Section 5A. Each department, office and commission responsible Annual fort^
2 for any great amount of physical property shall annually submit with aw^annual
3 its budget estimates forecasts of probable annual construction expendi- expenditures.
4 tures for such period of years as shall be appropriate for such depart- ^^^^' ^"^^' ' ^^'
5 ment, office or commission. Such forecasts shall be itemized, and items
6 shall be classified for each year under one of three following classes:
7 "necessary", "desirable" or "contingent". The first class shall include
8 work that is a part of a fixed and continuing program or is unavoidably
9 necessary. The second class shall include items of work advantageously
10 provided for at that time, but which might be postponed or possibly
11 advanced. The third class shall include work dependent upon some
12 other developments which cannot be definitely predetermined. Such
13 forecasts may be modified from year to year to conform to changing
14 conditions. The budget commissioner may from time to time fix or
15 change the form of the forecasts, the classification of the items contained
16 therein or the period of years to be covered thereby.
218
STATE FINANCE.
[Chap. 29.
Budget.
Conat. amend.
63, § 2.
(Const. Rev.
art. 108.)
1910, 220,
§§4,5.
1912, 719,
§§5, 11.
1916, 296, § 9.
1918, 244, § 4.
1919, 52.
1923, 362, § 23.
Section 6. The budget commissioner shall study and review all 1
estimates and requests for appropriations and other authorizations for 2
expenditures of state funds filed with him as provided by sections three 3
and four, and shall make such investigations as will enable him to pre- 4
pare a budget for the governor, setting forth such recommendations as 5
the governor shall determine upon. The governor may call upon the 6
comptroller for information relative to finances and for assistance in the 7
preparation of the budget. The budget shall be submitted by the gov- 8
ernor to the general court annually within three weeks after the general 9
court convenes, and it shall embody all estimates, requests and recom- 10
mendations for appropriations or other authorizations for expenditures 11
by the commonwealth. The budget shall be classified and designated 12
so as to show separately estimates and recommendations for: (a) ex- 13
penses of administration, operation and maintenance; (6) deficiencies or 14
overdrafts in appropriations of former years; (c) new construction, ad- 15
ditions, improvements and other capital outlay ; ((/) interest on the public 16
debt and sinking fund and serial bond requirements; and (e) all re- 17
quests and proposals, for expenditures for new projects and other under- 18
takings; and shall include in detail definite recommendations of the 19
go\ernor relative to the amounts which should be appropriated therefor. 20
The budget shall also include definite recommendations of the governor 21
for financing the expenditures recommended, and the relative amounts 22
to be raised from ordinary revenue, direct taxes or loans. All appropri- 23
ations based upon the budget to be paid from taxes or revenue shall be 24
incorporated in a single bill to be designated the general appropriation 25
bill. With the butlget the go\ernor shall submit to the general court 26
such messages, statements or supplemental data relative thereto as he 27
deems expedient, and from time to time during the session of the general 28
court he may submit supplemental messages on recommendations relative 29
to appropriations, revenues and loans. 30
Estimates for
building con-
struction, etc.,
to be accom-
panied by pre-
liminary
studies, etc.
1859, 177, § 1.
G. S. 15, § 43.
P. S. 16, § 39.
R. L. 6. § 42.
1907, 620,
§§1-4.
1910, 220, § 3.
1912, 719, § 3.
1914, 762, § 4.
1918, 290,
«l-3, 5.
Section 7. Estimates for building construction and institutional 1
development filed under section four shall be accompanied by pre- 2
liminary studies and general specifications sufficient for a careful esti- 3
mate by a competent contractor, and at least one such estimate of the 4
cost of any new construction, including heating, plumbing, lighting, 5
ventilation and equipment, for alteration or repair of existing construe- 6
tion when such estimate exceeds five thousand dollars. Copies of such 7
preliminary studies and estimates shall be filed in his office by the oflScer 8
having in charge such construction, alteration, repair or development. 9
Preliminary studies so submitted shall not be changed or amended there- 10
after in any respect, except with the written approval of such oflScer, 11
and such changes shall be kept on file distinct from the original studies 12
authorized. 13
Procedure
wiien general
court author-
izes construc-
tion, etc.
1907, 520,
§§ 2, 3.
1914,762, §4-
1918, 290,
§§ 3, 5.
Section 8. The officer in direct charge of such construction, altera- 1
tion, repair or development, shall obtain working plans and specifi- 2
cations, when so authorized by the general court, shall advertise in a 3
reasonable number of newspapers for proposals for the performance of 4
such work, and shall award the contract to the lowest responsible and 5
eligible bidder; but no contract shall be awarded for a sum in excess of 6
the appropriation available therefor. 7
ClL\P. 29.] STATE FINANCE. 219
1 Section 9. To meet the expenses incurred under section seven in Payment for
2 any case where the general court fails to make an appropriation to genSarcoun*^"
3 carry out the construction, alteration, repair or development asked ippruprSon
4 for, reasonable amounts in compensation for such preliminary studies, conTtruction
5 specifications and estimates not exceeding one per cent of the estimated f^j „„
6 cost of the work may be expended ; provided the general court makes lo'^i eh]
7 an appropriation therefor. i9i8,'29o, § 4.
1 Section 9A. The metropolitan district commission shall include in Metropolitan
2 its budget estimates for each of the functions under its control for each mL'si™ to""'
3 fiscal year after that ending November thirtieth, nineteen hundred and budget""'^
4 twenty-eight, an item covering the amounts contributed by the com- cert^in'"^
5 monwealth as pensions under sections one to five, inclusive, of chapter contributions
6 thirty-two during the preceding fiscal year on account of the death or wealth as
7 retirement of employees, officers and officials formerly employed in the igaslTIi,"!"'!.
8 performance of such function, including, in the case of those whose
9 services cannot be entirely allocated to any one function, those parts of
10 such amounts properly allocable to such function and also including as
11 employed in the performance of its water function those employed by
12 the metropolitan district water supply commission, and the amount of
13 such item shall be assessed upon the proper district as a part of the
14 cost of the maintenance of such function; provided, that, in the case of
15 employees, officers and officials formerly employed in the performance
16 of its boulevard functions, only one half the amounts contributed by
17 the commonwealth as pensions as aforesaid shall be so included and
18 assessed. After an appropriation has been made covering each such
19 item, the amount thereof shall be approved for payment by the metro-
20 politan district commission as a pajt of the cost of maintenance of the
21 function for which the estimates were made and shall be credited to the
22 general revenue of the commonwealth.
1 Section 10. Officers or departments having charge or supervision of officers, etc.,
2 expenditures in behalf of the commonwealth may continue expendi- expenditures
3 tures in each year at the rate authorized by appropriations for the prereding
4 preceding fiscal year, until the general court makes an appropriation issl'.m'sis.
5 therefor or provides otherwise. ^' ^' ^^' * '*^-
p. S. 16. § 37. 1905, 211, § 10. 1919, .5; 20.
R. L. 6, § 40. 1918, 257, § 7. 1920, 2.
1 Section 1 1 . The state treasurer shall make advances to members of Ativances to
2 the senate and house of representatives on account of compensation general court.
3 due for services and traveling expenses in accordance with existing
4 laws at the rate authorized by appropriations for the preceding fiscal
5 year, until the general court makes an appropriation therefor or provides
6 otherwise.
1 Section 12. Unless otherwise specifically provided therein, appro- Appropria-
2 priations by the general court for ordinary maintenance shall be made madl'telacai
3 for the fiscal year established for the commonwealth. ^go5 211, § 12.
1 Section 13. An unexpended balance of an appropriation for 'ordinary Unexpended
2 maintenance of any fiscal year may be applied in the succeeding fiscal fo^mSinf^"^
3 year to the payment of expenses incurred during the fiscal year for which r858"rT3^'
158, I is.
220
STATE FINANCE.
[Chap. 29.
G. S. 15,
S§ 31, 40.
P. S. 16, 5 30.
the appropriation was made; but any balance then remaining shall 4
revert to the commonwealth. 5
1920, 2.
R. L. 6. §31.
1905, 211, §7.
1918, 2,W, § 6.
1919, 5.
Application of
appropriations
for other than
ordinary
maintenance.
Section 14. An appropriation for any purpose other than ordinary 1
maintenance shall not be available for more than two years after the 2
date of the appropriation act, except that payments may be made there- 3
after to fulfil contracts and other obligations entered into within the 4
said two years. 5
fppJopr'iations SECTION 15. An appropriation shall supersede an earlier one made 1
1858, 11, i 6. ■ for the same object. 2
1859, 272, § 6. G. S. 15, 5 39. P. S. 16. § 35. R. L. 6, § 33.
Payments
from ordinary
revenue, etc.
1858, 11, i 8;
158, § 10.
G. S. 15, 5 33.
P. S. 16, § 33.
R. L. 6, 5 38.
1905, 211, 5 9.
Section 16. Payments authorized by appropriation acts shall be 1
made from the ordinary revenue, if no other provision is expressly made 2
therefor. Cash from the ordinary revenue on hand at the beginning of 3
each fiscal year shall be carried to the account of the ordinary revenue 4
of that year. 5
8 Allen, 247.
Payment
withheld from
person having
unadjusted
account.
1858, 11, §2;
158, § 13.
G. S. 15, § 32.
P. S. 16, 5 31.
R. L. 6, 5 34.
8 AUen, 247.
Section 17. An appropriation act shall not be construed to require 1
a payment to a person with whom the commonwealth has an unadjusted 2
account. The governor, upon receiving satisfactory information that 3
money is illegally withheld from the commonwealth by any person, 4
shall instruct the state treasurer to withhold all payments to him until 5
he pays such account. 6
Payments
from the treas-
ury regulated.
Const, pt. 2,
c. 2, § 1,
art. 11.
(Const. Rev.
art. 125.)
1849, 56, 5 2.
1856, Res. 74.
1858, 1, § 1.
G. S. 15, § 30.
1867, 178, i 4.
P. S. 16, § 28.
R. L. 6, § 28.
1910, 342.
1923, 362. 5 24.
1927, 222, § 4.
1931, 426,
5 137.
13 AUen, 593.
Section IS. Except as otherwise provided, no money shall be paid
by the commonwealth without a warrant from the governor drawn in
accordance with an appropriation then in effect, and after the demand
or account to be paid has been certified by the comptroller; provided,
that the principal and interest on all public debts shall be paid when
due without any warrant and that no appropriation shall be required
for the payment of principal or income of funds held in trust by the
commonwealth, or of sinking funds to meet maturing bonds, or of
treasury notes issued for duly authorized temporary loans, or of cor- 9
poration and other taxes collected by the commonwealth for distribu- 10
tion to towns, or for the investment of such funds as the state treasurer 11
is duly authorized to invest, or for payments authorized by law out of 12
the several prison industries funds, or for refunds of taxes or penalties 13
or for refunds or payments of interest or costs lawfully made pursuant 14
to the provisions of chapters fifty-eight to sixty-five A, inclusive; and, 15
provided, further, that the governor may, without an appropriation, 16
draw his warrant for the payment of his own salary and the salaries of 17
the justices of the supreme judicial court. No certificate shall be required IS
from the comptroller for payment of the pay rolls of the members of 19
the council and general court. 20
Itemized bills.
1852, 33, § 1.
1856, Res. 74.
G. S. 15, § 49.
P. S. 16, § 32.
R. L. 6, § 29.
Section 19. No account against the commonwealth shall be allowed
or paid unless authority to contract the same was given by the general
court or by either branch thereof nor unless the items thereof are
specified.
Chap. 29.] state finance. « 221
1 Section 20. No account or demand requiring the certificate of the Payments
2 comptroller or warrant of the governor shall be paid from an appropria- priSionrhow
3 tion unless it has been authorized and approved by the head of the i85g!'rm'^ 74.
4 department or office for which it was contracted; nor shall any appro- isw,' m.S^i.
5 priation be used for expenses, except gratuities and special allowances r f; ^'''/so^'
6 by the general court, unless full and properly approved vouchers there- 1^23, 362, § 25.
7 for have been filed with the comptroller.
1 Section 21. When the law provides that expenses of a state officer, Specific ap-
2 department or division thereof shall be subject to the approval of the expense" by °*
3 governor and council, specific approval of the governor and council rovInriUoT''
4 shall not be required for the office expenses thereof. required.
1918, 257, §4. 1919,5. 1920,2.
1 Section 22. Except as otherwise expressly provided, no greater sum Payments iim-
2 from an appropriation shall be drawn from the treasury at any one time incurred."'"^"^''
3 than is necessary to meet expenses then incurred.
1874, 360. § 2. P. S. 16, § 36. R. L. 6, 5 39.
1 Section 23. Any officer authorized to expend money in behalf of Advances from
2 the commonwealth may have money advanced to him from the treasury iss^. 179.
3 for such purposes, in such sums and subject to such rules and regulations 1887, 269, § 5.
4 as the comptroller may determine.
1888,322.5 1. 1907. 466. § 1. 1914, 45, § 1; 370.
1890,58,5 2. 1908.178. 1916,241,5 1.
1894, 314. 1909, 218; 514, §§ 15, 145. 1917, 344, I, 5 14.
1895, 10. 1910, 488. 1919, 3.50, 5§ 17, 82.
R. L. 6. 5 35; 106, 5 6. 1912. 71, 5 1; 145; 352. 1921, 342.
1905, 369, § 1. 1913, 444, 5 1. 1923, 362. 5 26.
1 Section 24. Such officers shall certify that the amount is needed 2.ft""im-
2 for immediate use, and, as specifically as may be, the purposes for which 5's8'i"'l79''|''2
3 the expenditure is required. The certificate shall bear the approval R l'c. §36.
4 of the officer or department having the supervision of such expenditure ' ^ '
5 and, when filed with the comptroller, his certificate and the warrant and
6 payment shall follow as in case of claims against the commonwealth.
1 Section 25. Such officers shall, within thirty days after receipt of j^t^?,"J™' j"
2 an advance, file with the comptroller a detailed statement of the amounts 'roller.
3 expended subsequent to the previous accounting, approved by the officer wso! 58, '
4 or department authorized to supervise such expenditure, with vouchers r* l. 6. § 37.
5 therefor if they can be obtained. All advances so made shall be ac- iS Ilk § 2s.
6 counted for and vouchers therefor filed with the comptroller before
7 December first in each year.
1 Section 26. Expenses of offices and departments for compensation Expenses not
2 of officers, members and employees and for other purposes shall not ex- p^opriltfons'
3 ceed the appropriations made therefor by the general court. No obli- ouir|d'in"ex""
4 gation incurred by any officer or servant of the commonwealth in excess no?to''fm°Le
5 of the appropriation for the office, department or institution which he "ability on
6,11,. ,...,. , ,, .,„ commonwealth,
represents shall impose any liability upon the commonwealth. If ex- i858, 11,57;
7 penditures are made in excess of appropriations, the officers having c%. is^ § 41.
8 charge of such expenditures shall annually, on or before December r^I'/c.'^s 37.'
9 fifteenth, report to the comptroller the details thereof with the reasons fgoklii^f 10.
10 therefor, and he shall make a special report of the same to the general j^J^; fs^o!'
1 1 court early in its session. § 13.'
1920. 2. 1923, 362, 5 29.
222
STATE FINANCE.
[Chap. 29.
Expenses and
increases
regulated.
Exception as
to certain
contracts by
department of
public works.
1858. 158, § 14.
G. S. 15, § 42.
P. S. 16, § 38.
1897, 128, § 2.
1923. 387.
1930. 5.
Section 27. No public officer or board shall incur a new or unusual 1
expense, make a permanent contract, increase a salary or employ a new 2
clerk, assistant or other subordinate unless a sufficient approjjriation to .3
cover the expense thereof has been made by the general court, except 4
that prior to the effective date of the general appropriation act the de- 5
partment of public works, in anticipation of appropriations therefor, 6
may, in any fiscal year, with the approval of the governor and council, 7
make contracts for the construction and reconstruction of state highways 8
binding the commonwealth to an amount not in excess of twenty-five 9
per cent of the amount appropriated during the preceding fiscal year 10
for the same purposes, such contracts to provide for the completion of 11
the work thereunder within the fiscal year in which they are made. 12
^^bi?Wn'°t Section 28. The cost of printing and publishing any publication 1
publications. issucd by Or on behalf of the commonwealth by any office or depart- 2
ment shall be paid from the appropriation for such office or department. 3
Transfer of
funds with
approval of
comptroller.
1918, 38.
1923, 3B2, § 30,
Section 29. No transfer of funds from one item of account to 1
another on the books of any officer or board having charge of any office, 2
department, institution or undertaking receiving an annual appropria- 3
tion from the commonwealth, upon which items of account such annual 4
appropriation is based, shall be made without the written approval of 5
the comptroller. 6
Insurance.
1879, 296.
P. S. 16, § 39.
Section 30. No officer or board shall insure any property of the 1
commonwealth without special authority of law. 2
R. L. 6, § 42
Salaries,
when payable.
Advances.
1858, 11,
§§3,4.
1859, 272, § 4.
G. S. 15, § 36.
1867, 263.
1868, 4.
P. S. 16, 5 54.
1895, 34.
R. L. 6, § 58.
1928, 183, § 1.
98 Mass. 484.
Op. A. G. (1920)
282, 283.
Section 31. Salaries payable by the commonwealth shall, unless 1
otherwise provided, be paid on the first day of each month, and shall 2
be in full for all services rendered to the commonwealth by the persons 3
to whom they are paid. Advances on account of salaries may be made 4
under such regulations as the state treasurer may prescribe, not exceeding 5
the proportion of salary then due, nor oftener than once in seven days 6
nor after the twenty-fifth day of the month. No salary shall be paid 7
to any person for a longer period than that during which he has been 8
actually employed in the duties of his office. If a salary shall be diniin- 9
ished, no greater rate shall be paid because of any previous appropriation 10
therefor. Notwithstanding the foregoing provisions of this section, the 11
annual salary of each teacher and each supervisor employed in any 12
school within the department of education, whose regular service is 13
rendered from September first to June thirtieth, shall be for his service for 14
the number of weeks established by the department for such school to 15
be in session during said period, payable, however, in equal instalments Ki
on the first day of each month, and the amount earned and unpaid at 17
the time of his resignation, retirement, death or entry on leave of ab- IS
sence shall be paid forthwith to the persons entitled thereto. 19
Sipaid^Jhicks. Section 32. All checks given by the state treasurer and not paid 1
R°L o'^§ 5V' within one year after issue shall be payable only at the office of the said 2
1906,487. treasurer. 3
Section 33. 1Repe.\led, 1931, 426, § 2.]
1
Chap. 29.] state fin.^nce. 223
1 Section 34. The state treasurer may deposit any portion of the Dep9sitot
2 public moneys in his possession in such national banks, or trust com- fsw'.^h"'"''^''
3 panics, lawfully doing business in the commonwealth, as shall be ap- fsoi, aV^ ^^'
4 proved at least once in three months by the governor and council; but {922' lo'®''
5 the amount deposited in any one bank or trust com[)any shall not at
G any one time exceed forty per cent of its paid up capital. For the pur-
7 pose of paying the principal or interest due on any bond, note or other
S obligation of the commonwealth, which is payable in the city of New
9 York, he may keep on deposit in any national bank or trust company in
10 sail! city, approved for the purpose by the governor and council, a sum
11 not exceeding in the aggregate twenty-five thousand dollars, provided
12 that for a period of two weeks prior to the date of any such payment or
13 payments, said amount may be increased by a sum or sums sufficient
14 to cover the same. A state treasurer making any deposit in violation of
15 the foregoing provision shall be deemed guilty of misconduct and mal-
16 administration in his office within the meaning of the constitution; and
17 any bank or trust company receiving any deposit in violation thereof shall
18 be disqualified from receiving said moneys for the period of three years
19 from the date of said deposit. All interest received on any deposits
20 under this section shall be paid to the commonwealth.
1 Section 35. No bond or security belonging to the commonwealth Assignment
2 shall be transferred except with the written approval of the governor. mo^?gages, etc.
3 A note, bond, mortgage or other security which has been made to the a's.' if,' | le.
4 state treasurer by name may be assigned, transferred or discharged by }^|; ^^-^^2'
5 him or by any successor in office.
1 Section 36. If the state treasurer is authorized to discharge a state treasurer
2 mortgage held by the commonwealth, he may instead thereof assign "nsfeaTof"
3 it; but such assignment shall not impose upon the commonwealth any mortgage.
4 liability, express or implied.
1847, 195. G. S. 15, § 13. P. S. 16, 5 57. R. L. 6, § 63.
1 Section 37. Real estate acquired by the commonwealth by foreclosure state treasurer
2 may, with the approval of the governor and council, be conveyed by "fate'h'eid'by
3 the state treasurer upon payment of the amount of the mortgage debt i°804,'To3?5 1.
4 with the interest and expenses accrued thereon.
1856, 68, 5 1. G. S. 15, § 14. P. S. 16, 5 58. R. L. 6, § 64.
1 Section 38. Funds over which the commonwealth has exclusive investment
2 control shall be invested by the state treasurer, with the approval of °o4''monweaith.
3 the governor and council, as follows: p^H'i'e^jeo'
4 (a) In the public funds of the United States or of the District of jf *£■ ^''^ gs
5 Columbia or of this commonwealth, or in the legally authorized bonds isie, 192. '
6 of any other New England state, or of any other state of the United
7 States, other than a territory or dependency thereof, which has not less
8 than seven hundred and fifty thousand inhabitants as established by
9 the last national census, and which has not within the twenty years
10 prior to the making of such investment defaulted in the payment of
11 any part of either principal or interest of any legal debt.
12 (6) In the bonds or notes of a county, city or town of this common-
13 wealth.
14 (c) In the bonds or notes of an incorporated district in this common-
15 wealth whose net indebtedness does not exceed five per cent of the last
16 preceding valuation of the property therein for the assessment of taxes.
224 STATE FINANCE. [ChAP. 29.
(d) In the bonds or notes of any city of Maine, New Hampshire, 17
Vermont, Rhode Island or Connecticut, whose net indebtedness does 18
not exceed five per cent of the last preceding valuation of the property 19
therein for the assessment of taxes; or of any county or town of said 20
states whose net indebtedness does not exceed three per cent of such 21
valuation; or of any incorporated water district of said states which 22
has within its limits more than ten thousand inhabitants, and whose 2.3
bonds or notes are a direct obligation on all the taxable property of such 24
district, and whose net indebtedness does not exceed three per cent of 25
such valuation; provided, that there is not included within the lunits 26
of such water district, either wholly or in part, any city or town the 27
bonds or notes of which are not a legal investment. 28
(e) In the legally authorized bonds for municipal purposes of any 29
city of any state of the United States, other than one of the New England 30
states, whose bonds are eligible under subdivision (a) of this section; 31
provided, that such city was incorporated as such at least twenty-five 32
years prior to the date of such investment, and has at such date not 33
less than thirty thousand nor more than one hundred thousand inhabit- 34
ants, as established by the last national census preceding such date, 35
and that its net indebtedness does not exceed five per cent of the valua- 36
tion of the taxable property therein, to be ascertained by the last pre- 37
ceding valuation of property therein for the assessment of taxes. 38
(/) In the legally authorized bonds for municipal purposes of any city 39
of any state of the United States, other than one of the New England 40
states, whose bonds are eligible under subdivision (a) of this section; 41
provided, that such city was incorporated as such at least twenty-five 42
years prior to the date of such investment, and has at such date more 43
than one hundred thousand inhabitants, established in the same manner 44
as is provided in subdivision (e) of this section, and that its net indebted- 45
ness does not exceed seven per cent of the valuation of the taxable prop- 46
erty therein, to be ascertained as provided in said subdivision (e). 47
ig) In subdivisions (d), (e) and (/) of this section the words "net 48
indebtedness" mean the indebtedness of a county, city, town or district, 49
omitting debts created for supplying the inhabitants with water and 50
debts created in anticipation of taxes to be paid within one year, and 51
deducting the amount of sinking funds available for the payment of the 52
indebtedness included. 53
o
Registration SECTION 39. When the commonwealth holds any bond, note or 1
of bonds, etc., n., i'ii_
held by the Certificate of indebtedness pavable to bearer and issued by a county,
commonwealth. . ... , • • i j_ 'i o
1909. 136. city, town or district or any domestic corporation, such county, city, 6
1917] lie! town, district or corporation shall, at the request of the state treasurer, 4
issue in exchange therefor a bond, note or certificate of the same effect, 5
payable to the commonwealth by name. The commonwealth shall 6
pay the expense involved in making such exchange. Any county, city, 7
town, district or corporation neglecting or refusing to comply with 8
this section shall be punished by a fine of not more than fifty dollars. 9
3ith*stite™''° Section 40. No deposit required to be made by any corporation in 1
treasurer trust with the statc treasurer, or any part thereof, shall consist of a 2
1893, 224'. mortgage upon real estate or of a loan upon personal notes or of notes 3
secured by collateral. He may receive, as a part of such deposit, money 4
or certificates of deposit, or certified checks on any approved state de- 5
CllAP. 29.] STATE FINANCE. 225
6 positary, and may hold the same without interest until it may reason-
7 ably be invested in a proper legal security.
1 Section 41. The state treasurer shall have the custody and keep a custody of
2 separate account of all notes, bonds and mortgages belonging to the b""mKing"t'o
3 commonwealth, and shall receive all money accruing therefrom. All i''83o'."98.""^'''"''
4 deeds and instruments conveying real estate to the commonwealth shall, g; g; \l\ \ Jg
5 when recorded, be deposited with and safely kept by him.
1870,329. P. S. 10, §§ 19. 20. R. L. 6, § 67.
1 Section 42. The governor shall, annually in August, appoint a com- Annual ejami-
2 mittee of the council, which shall examine the value of the notes and sc^cSes
3 securities in charge of the state treasurer and report thereon to the gov- of*'cou"ndi.""
4 ernor and council, who may direct him to sell or to collect notes or p^f ; /g.'^S If ;
5 securities over which the commonwealth has exclusive control and to R- l. e, § es.
6 reinvest the proceeds according to section thirty-eight.
1 Section 43. [Repealed, 1926, 143.]
1 Section 44. The income or any surplus of funds belonging to or in Unappropriated
2 the custody of the commonwealth shall, unless otherwise provided, be ism^Is, 5 4.
3 added to the principal.
p. S. 16, § 02. R. L. 6, § 69.
1 Section 45. When any sinking fund of the commonwealth, with its Application of
2 accumulations added, calculated on the basis on which the funds are ITSiT"'^
3 figured, contains more than an amount sufficient to extinguish at ma- m^m ofl^nk-'
4 turity the indebtedness for which it was established, the state treasurer J"n^,|j"3''*
5 shall add such surplus to any other sinking funds which are not suffi- J»«^' 259 ^^
6 cient with their accumulations, so calculated, to meet the indebtedness 1912, 3,'
7 for which they were established. In determining the sufficiency of any op. a. g. (1920)
8 sinking fund under this section, obligations of the United States, and ob-
9 ligations of the commonwealth, or of any county, city or town thereof,
10 which mature on or prior to the date of maturity of the indebtedness
11 on account of which said sinking fund was established, shall be figured
12 at their par value; but all other obligations or other securities in said
13 sinking fund shall be figured at their fair market value at the time such
14 determination of sufficiency is made, but not exceeding the par value
15 thereof. No securities shall hereafter be purchased for any sinking fund
16 which do not mature on or prior to the maturity date of the indebtedness
17 on account of which said sinking fund was estabUshed.
1 Section 46. The state treasurer, instead of selling any securities, Transfer of
2 belonging to any fund over which the commonwealth has exclusive con- one fund to
3 trol, to meet maturing liabilities, may transfer them to any other such lsoVti.
4 fund upon terms and conditions approved by the governor and council. r.l.6%V?'
1 Section 47. The state treasurer may borrow at any time during a state treasurer
2 fiscal year, in anticipation of the receipts for that year, including assess- "mTcipaUon of
3 ments for the metropolitan districts, such sums of money as may be conit'^amend.
4 necessary for the payment of ordinary demands on the treasury, includ- ^^^gl^^■ r^^
5 ing interest and maintenance charges of said districts, and may issue jg\o^\o3
6 notes therefor. Money so borrowed and notes so issued may be at i9ii! 3; 4.
226
STATE FINANCE.
[Chap. 29.
such rates of interest as shall be found necessary. He shall repay any 7
sums borrowed under this section as soon after said receipts are paid as 8
is expedient, but in any event before the close of the fiscal year in which 9
the same were borrowed. He may collect proportionately from the 10
cities and towns of each such district all interest that may be paid upon 11
money borrowed for that district under this section. 12
Section 48. Notes for money borrowed in anticipation of the re- 1
~ - " s 99 ceipts shall be signed by the state treasurer, approved by the governor, 2
i&ls. Res! is! and countersigned by the comptroller. 3
G. S. 15, § 34. R. L. 6. 5 72 1923, 362, § 32.
Notes for
borrowed
money.
Bonds, etc.,
to be issued
on aerial pay-
ment plan.
1903, 226, § 1.
1912, 3,
§§ 1, 6.
Section 49. The state treasurer shall issue all bonds or scrip of the 1
commonwealth upon the serial payment plan. The said plan shall pro- 2
vide for the issue of bonds or scrip to be paid serially in such amounts 3
and at such times as he shall determine, with the approval of the gov- 4
ernor and council, to be for the best interests of the commonwealth; the 5
bond last payable in any such issue shall become due at a date not later 6
than the time named in the act authorizing such issue. 7
Amount to be
included in
state tax.
1003, 226, § 2.
1912, 3. § 2.
1923, 362, § 33.
Section 50. He shall annually certify to the budget commissioner
the amount necessary to be included in the state tax to provide for such
serial payments of any bonds or scrip of the commonwealth, and the
amount shall be included in the state tax to be assessed for the year in
which such payments are to be made.
Assessments
on metropoli-
tan districts.
1903, 226. § 3.
1905, 169.
1912, 3, § 3.
Section 51. On all bonds or scrip issued for the benefit of any of the 1
metropolitan districts, so called, the state treasurer shall assess upon 2
the said metropolitan districts annually amounts necessary for the pay- 3
ment of the serial bonds falling due, and shall collect the same in the 4
same manner as assessments for sinking fund purposes are collected. 5
Application of
premium.
1912, 3, §4.
Section 52. Any premium received on the sale of bonds or scrip shall 1
be applied to the payment of the principal of the first bonds which mature. 2
Proposals for
certain bonds
or notes issued
tiy common-
wealth.
1904, 263, § 1.
Section 53. Whenever there is to be an issue of bonds or notes of
the commonwealth maturing at a time later than one year from their
dates, excepting such bonds or notes as are to be issued for the invest-
ment of cash in any of the sinking or other established funds of the
commonwealth, the state treasurer shall invite proposals for the pur-
chase thereof by advertisement, which shall be published at least ten
days before the time for receiving such proposals, in not less than four
daily papers published in the commonwealth, at least two of which shall
be published in Boston, and in at least one paper published in the city
of New York. Such advertisement shall state the time and place for 10
opening the proposals in answer thereto, and shall reserve the right to 11
reject any or all proposals. The proposals shall be opened in public by 12
the state treasurer at the place specified in said advertisement, and in 13
the presence of such of those who have made proposals as may desire to 14
attend. If no proposal is accepted the whole or any part of the loan may 15
be awarded to any person. 16
Deposits by
bidders.
1904, 263, 5 2-
Section 54. Every bidder, as a condition precedent to the considcra- 1
lion of his proposal, shall deposit with the state treasurer in cash, or by 2
Chap. 29.J state finance. 227
3 certified check drawn to the order of the state treasurer upon some state
4 or national bank or trust company doinp: business in this commonwealth
5 or in the city of New York, an amount to be fixed by the state treasurer,
6 but not to exceed two and one half per cent of the amount of his proposal.
1 Section 55. The state treasurer may annually expend such sums Payment of
2 as the general court shall appropriate for the purpose of providing for safe! eTc of
3 and advertising sales of bonds for the direct debt of the commonwealth i9"3,^376°'
4 and for the purpose of preparing and paying for bond books necessary
5 for such sales. But, when bonds of the commonwealth are issued, the
6 payment of which is provided by assessments upon the metropolitan
7 or other districts, the expenses of providing for and advertising sales and
8 for the preparing and paying for bond books shall be paid from the main-
9 tenance appropriation of the district from which the assessment is to be
10 received.
1 Section 56. The state treasurer, with the approval of the governor Transfer ot
2 and council, may transfer funds remaining in his hands from the sale of ?e"cdpts"fr'om
3 bonds and other securities issued for specific purposes, when such pur- if^^ °' ''°'"'^'
4 poses have been fully accomplished and said bonds or other securities }g2f; 352; § 34.
5 so issued paid in full, to such sinking funds or such other accounts for
6 the reduction of outstanding indebtedness of the commonwealth as may
7 be approved by the comptroller.
1 Section 57. The principal and interest of all bonds or scrip of the Bonds or scrip
2 commonwealth when due shall be paid in gold coin or its equivalent, gold"
1862, 82. 1878, 11. 1890, 94. R. L. 6, § 73.
1 Section 58. The state treasurer may, upon terms and regulations issue of reg-
2 prescribed by the governor and council, issue, in denominations of not change for"^"
3 less than one thousand dollars, registered bonds in exchange for any isct^ss™ ^'
4 coupon bonds of the commonwealth, which, with the exception of the j} }•■ Jg
5 coupons, shall be in conformity with the laws authorizing the issue of ^^ ff ,f®j 74
6 such coupon bonds. He shall mutilate and retain the bonds so received l?J:\?^^' L\^-
7 in exchange. The comptroller shall certify such registered bonds; and
8 he and the state treasurer shall each keep a register of their dates, num-
9 bers and amounts, the names of the persons to whom they were issued,
10 when they are payable, and for what bonds they were issued in exchange.
11 The state treasurer may also, upon the same terms and regulations, issue
12 in substitution for mutilated, defaced or endorsed bonds presented to
13 him other bonds of like or equivalent issues.
1 Section 59. If it appears to the governor and council that any issue of dupK-
2 interest-bearing bond of the commonwealth identified by number and wh™ "rigfnais
3 description has, without bad faith upon the part of the owner, been lost „ desuoye'r'
4 or destroyed, wholly or in part, they shall, under regulations and with p*^|' f|/§ lo."
5 restrictions as to time and retention for security or otherwise prescribed R- ^ 6, 5 76.
6 by them, order the state treasurer to issue d registered duplicate of such
7 bond, payable at the same time, bearing the same rate of interest as the
8 bond lost or destroyed, and so marked as to show the number and date
9 of the original bond. If such bond was of a class or series which has been
10 called in for redemption before the application for a reissue, it shall be
228 [Chaps. 29, 30.
paid, with such interest only as would have been paid if the bond had 11
been presented in accordance with such call. 12
Bond of in-
demnity by
owner of lost
or destroyed
bond.
1872, 367, § 2.
P. S. 16, § 71.
R. L. 6, 5 76.
Section 60. The owner of such bond shall surrender so much thereof
as may remain, if any, and shall give to the state treasurer a bond in
double the amount of said lost or destroyed bond and of the interest
which would accrue until the principal is due and payable, with two
sufficient sureties, residents of the commonwealth, approved by the
governor and council, conditioned to indemnify and save harmless the
commonwealth from any claim on account of said lost or destroyed bond.
S^olth™™* Section 61. The comptroller or any other person authorized to
iseS'Toi § 3 approve claims for materials, supplies or other articles furnished to, or
p. s"' 16, § 65.' for service or labor performed for, the commonwealth, may, before ap-
1923,362, §36. proviug any such claim, require the claimant to certify on oath that all
the articles have been furnished, for which the claim has been made, or
that the ser\'ice or labor has been performed, and that no commission,
discount, bonus, present or reward of any kind has been received or
promised or is expected on account of the same.
Agent to
prosecute
claims.
1SS3. Res, 45.
R. L. 6. § 79.
1910, 512.
Section 62. The governor, with the advice and consent of the coun-
cil, may from time to time appoint an agent to examine and prosecute
any account or claim of the commonwealth against the United States;
and if any amount is received into the treasury of the commonwealth by
reason of the services rendered by such agent he may be paid in full
compensation for services and expenses such sum, not exceeding ten per
cent of the amount so received, as may be agreed upon in advance be-
tween the governor and council and such agent.
1
2
3
4
5
6
7
1
2
3
4
5
6
7
8
1
2
3
4
5
6
CHAPTER 30
GENERAL PROVISIONS RELATIVE TO STATE DEPARTMENTS, COM-
MISSIONS, OFFICERS AND EMPLOYEES.
Sect.
1. Definition of "departments".
2. Certain offices, etc., to be placed
temporarily under the supervision
of some state department.
Establishment of certain divisions
subject to approval of governor
and council.
Organization of departments, etc.
Appeal to governor and council in
case of conflict of orders, etc.
Head of department, etc., may desig-
nate person to perform certain
duties, etc.
Designation of persons to perform
certain duties of members, ex offi-
ciis, of permanent state boards, etc.
Appointment and removal of confi-
dential employees.
Women eligible to election, etc., to
state offices, etc.
3.
4.
5.
6.
6A.
7.
7A.
Sect.
7B. Women holding certain state offices,
registration in case of change of
name.
8. Tenure of office of certain public
officers.
9. Removal of such officers.
10. Filling of vacancies in certain offices.
11. Taking of oaths of office.
12. Failure to qualify.
1.3. Fees for certain commissions, etc.
14. Commission not to issue until bond,
if required, approved.
15. Amounts of certain bonds, liow fixed.
16. Schedule bonds.
17. Reimbursement for premiums.
IS. Examination of bonds.
19. Removal of principal not gi\nng new
bonil when required.
20. Examination of bonds of county of-
ficers.
ClL\P. 30.] GENERAL PROVISIONS AS TO STATE OFFICERS, ETC.
229
Sect.
21. More than one salary forbidden.
22. Penalty for holding ofEces in viola-
tion of law.
23. Certain state officers may be required
to give full time.
24. Office hours of departments.
25. E.xpenses of state officers, etc.
26. Traveling expenses of state officers,
etc.
27. Money received for commonwealth
to be paid over daily. E.xceptions.
28. Books and accounts to be kept for
fiscal year.
29. Maintaining office and keeping books
at state institutions.
30. Size of paper for official letters estab-
lished.
30A. Uniform style of headings for official
letterheads.
31. Printing, etc., for departments, etc.
32. Annual reports.
33. To be accompanied by drafts of leg-
islation. Submission to counsel.
33A. To contain recommendations for
avoidance of special legislation.
34. Reports of special commissions to be
accompanied by drafts of legisla-
tion.
35. Special reports, when made. Ap-
peals.
35A. Information to be furnished to cer-
tain municipalities relative to
amount of assessments recom-
mended to be made upon them for
certain new state projects, etc.
36. Marking and record of state motor
vehicles, etc. Distinctive number
plates.
37. Taking effect of certain rules and
regulations. Filing and indexing
thereof.
Sect.
38. Departments, etc., to furnish infor-
mation concerning officials and
employees.
39. Construction and repair of public
buildings, etc. Security for pay-
ment for labor and materials.
40. Discharge and substitution of bonds,
etc., given to commonwealth.
41. Itemized accounts of sales of prop-
erty.
42. Disposal of duplicate and obsolete
documents, etc.
43. Employees not to receive certain
fees. Penalty.
44. Officer or employee not to act as
agent in sale of land to common-
wealth. Penalty.
44A. Sale, conveyance, etc., of land owned
by commonwealth necessary for
laying out, etc., highways.
CLASSIFICATION OF CERTAIN STATE OFFICES
AND POSITIONS.
45.
46.
47.
48.
49.
50.
Classification of certain state offices
and positions. Definitions.
Rules and regulations for application
and administration of such classi-
fication.
Procedure in obtaining increase of
salary.
Duties of incumbents of positions
classified.
Appeal from classification.
Limit of application of five preceding
sections.
CENTRALIZED STATE PURCHASING.
51. Purchase of materials, supplies, etc.,
52.
by state departments, etc.
Approval of such purchases.
1 Section 1. The word "departments", as used in this chapter, Definition of _^
2 except in section two, shall, unless the context otherwise requires, mean iglsl^M,*^?'!?'.
3 all the departments of the commonwealth, except the departments of ffss.*^^'
4 banking and insurance and of civil service and registration but includ-
5 ing in lieu thereof the divisions of banks and loan agencies, of insurance,
6 of savings bank life insurance and of civil service and the several boards
7 serving in the division of registration of the department of civil service
8 and registration, and also including the metropolitan district commis-
9 sion and the commission on administration and finance.
1 Section 2. All executive and administrative offices, boards, com- Certain offices,
2 missions and other governmental organizations and agencies, except placed" tempo-
3 those serving directly under the governor or the governor and council, Selup^i^sion
4 not by law placed under the direction and control of some state depart- s' ""T "'''.'^
Ciniiii 1 department.
0 ment, shall be placed thereunder by order of the governor, with the i9i9. ^so, 5 1.
6 advice and consent of the council, until such time as the general court
7 shall make provision therefor.
230
GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChaP. 30.
ment^'of certain SECTION 3. In all cascs whcrc the executive and administrative 1
vctloT^ovai '^^'^'^ °^ ^ department is vested with authority to establish therein 2
of governor divisious Hot Specifically provided for by law, the establishment of such 3
i9i9r35o! § 9. divisions shall be subject to the approval of the governor and council. 4
of'depLn'ments, SECTION 4. A state department, board or commission shall, upon 1
^*°- organizing, report its organization to the state secretary. 2
189S, 265. R- L. IS, § 4.
go''vemor''and SECTION 5. In all cases where a question arises between executive 1
council in case or administrative departments, or officers or boards thereof, as to their 2
of conflict of ...... '^ , . I fY* n
orders, etc. respcctive junsdictions or powers, or where such departments, or omcers 6
' or boards thereof, issue conflicting orders or make conflicting rules and 4
regulations, the governor and council may, on appeal by any such de- 5
partment or by any person affected thereby, determine the question, 6
and order any such order, rule or regulation amended or annulled; 7
provided, that this section shall not deprive any person of the right to 8
pursue any other lawful remedy. The time within which such appeal 9
may be taken shall be fixed by the governor and council. 10
"anient'! rtc, SECTION 6. If during the absence or disability of a commissioner or
may designate head of an cxecutivc or administrative department or of a director or
person to ,„,.... .... . ,,
perform certain head of a divisiou m a department, his duties are not specially author-
1920,' 44. ■ ized by law to be performed by another person, the commissioner or head
of such department may designate another person in his department to
perform the duties of such person in case of and during such absence or
disability, but a person so designated shall have no authority to make
permanent appointments or removals. Every such designation shall be
subject to approval by the governor and council, and shall remain in
force and eft'ect until revoked by the commissioner or head of such
department or by the governor and council.
ofTe^oMto Section 6A. If any member of a permanent state board or com-
dutie™f'^mem- mission who serves as such by virtue of holding any other office or posi-
oF^ermanfnt"^' *'°" '^ uuablc by Tcasou of abscucc or disability to perform his duties
state boards, as such member, he may, by a writing filed in the office of such board or
commission, designate an officer or employee in his department who
shall, without additional compensation therefor, perform such duties in
case of and during such absence or disability, but a person so designated
shall have no authority to make any appointments or removals. Any
such designation may in like manner be revoked at any time.
1930, 56.
1
2
3
4
5
6
7
8
9
10
11
1
2
3
4
5
6
7
8
9
Appointment
and removal
of confidential
employees.
1920. 205.
1923, 3G2, § 38.
Section 7. Each commissioner in charge of a bureau of the com- 1
mission on administration and finance and the officer in charge of the 2
division of personnel and standardization of said commission, and each 3
oflncer, board and commission, other than the aforesaid commission, 4
having supervision and control of an executive or administrative depart- 5
ment, including the adjutant general and each ofiicer, board and com- 6
mission, mentioned in section seventeen of chapter six, may, subject to 7
the a[){)roval of ^Jie governor and council, employ a person to serve in a 8
confidential capacity and may, with like approval, remove him. Such 9
employee shall receive such compensation as shall be fixed by the officer, 10
board or commission employing him and approved by the governor 11
and council. 12
Chap. 30.] gener.vl provisions as to state officers, etc. 231
1 Section 7A. Women shall be eligible to election or appointment to women eligible
2 all state offices, positions, appointments and employments. This section to state offioea]'
3 shall not prevent heads of departments or officers from making requisition fgai, 449, 5 3,
4 for male officers or employees for various positions which require special ^^^^- •^''*' 8 '•
5 qualification of sex nor shall the commissioner of civil service be restricted
6 from recognizing any special qualification of sex stated in requisitions
7 made to him.
1 Section 7B. Upon the change of name of any woman holding an women holding
2 executive, administrative or legislative office in the state government, office" regL^tra-
3 she shall register her new name with the state secretary. Sngeorname.
1931, 153.
1 Section 8. A public officer appointed for any term by the governor. Tenure of
2 with or without the advice and consent of the council, shall hold his pubuc^officers'"
3 office during the term for which he is appointed and until his successor in r**l'. il* 5 1.
4 office has qualified, unless he is sooner removed in accordance with law. \l\l' 5^^' * **■
5 Unless otherwise provided, the beginning of the term of office of a public }54"jiasB 603
6 officer appointed by the governor shall be the date of his appointment,
7 or, if he is appointed by the governor with the advice and consent of the
8 council, it shall be the date of his confirmation; but no officer shall enter
9 upon the duties of his office until he is duly qualified as provided by law.
[Note: — For proWsions requiring officers to take oath before entering office, see
Const, pt. 2, c. 6, art. 1; Const, amend. 6. (Const. Rev. art. 149.)]
1 Section 9. Unless some other mode of removal is provided by law, a Removal of
2 public officer, if appointed by the governor, may at any time be removed issi."??!'"^'
3 by him for cause, and, if appointed by him with the advice and consent r. l.^is, V2.
4 of the council, may be so removed with its advice and consent. ^^^ ^^^- ^''^■
1 Op. A. G. 140.
1 Section 10. Any vacancy in any office, the original appointment to Fining of
2 which is required by law to be made by the governor, with or without cerTa'in'offi^es.
3 the advice and consent of the council, and for which no other method of p*s''li"'i2
4 filling vacancies is expressly provided by law, shall be filled for the fgi^ Jfo'^'
5 unexpired term in the manner provided for an original appointment; 1931:426,53.
6 and the appointment of a successor of any incumbent of any such office
7 who is holding over after the expiration of his term of office shall be
8 made in like manner for the remainder of the term which would have
9 begun at such expiration if his successor had then been appointed.
1 Section 11. A person chosen or appointed to an office may, unless Taking of
2 otherwise provided by law, take and subscribe the oaths required to con3\.°pt° 2T'
3 qualify him before the governor, lieutenant governor, two councillors or con'sr' ''
4 two commissioners appointed under section three of chapter two hundred (^coMt'.Rev.
5 and twenty-two. "«■ i^^)
1780, Res. 58. G. S. 14, § 40. R. L. 18, { 7.
R. S. 13, § 57. P. S. 21, § 3.
1 Section 12. A person appointed to an office by the governor with Failure to
2 or without the advice and consent of the council shall be notified of his 1862', 109,
3 appointment by the state secretary and his commission delivered to him, fleV, I'sl',
4 and if he does not, within three months after the date of such appoint- |,^|; |i^
5 ment, take and subscribe the oaths of office, his appointment shall be ^ |; ^^ , g
6 void, and the secretary shall forthwith notify him thereof and require
232
GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ClL\P. 30.
him to return his commission, and shall also certify said facts to the 7
governor. This section shall be printed on every such commission. 8
Section 13. Before the delivery of a commission to a person ap-
pointed commissioner under section three or four of chapter two hun-
lyf'sM': ^^' dred and twenty-two, notary public, master in chancery, justice of the
rI'Ii"§6*' peace or pilot, "he shall pay to the state secretary a fee of five dollars,
lio?' lit' ^ ^' except that a person whose acts as a notary public or a justice of the
R l: 18, § 9. pgj^j.g j^j^^.g been validated by the general court shall pay a fee of fifteen
dollars before the delivery of the first commission for either of said
offices to be delivered after such validation. Upon the change of name
of any woman, who has been appointed and qualified as a notary public,
she shall re-register under her new name and shall pay to the state
secretary a fee of one dollar.
Fees for
certain com-
missions, etc
1927, 74.
1930, 212,
1
2
3
4
5
6
7
8
9
10
11
if required,
approved.
Section 14. If a bond is required of any person appointed to office by 1
" ' ■■ ■ 2
Commission
untiibondf the governor with or without the advice and consent of the council, the
commission shall not issue until the bond has been approved.
p. S. 21, § 7. R. L. 18, 5 10.
1881, 56.
Amounts of
certain bonds,
how fixed.
1917, 18.
1920, 546. 5 4.
1923, 362, § 39.
Schedule
bonds.
1918, 2.'57,
§ 90; 294.
1919, 5; 144.
1920, 2;
546, § 1.
Section 15. When state officials or employees are required to give
bond in which the amount is not fixed by law, the comptroller shall fix
the amount and shall require that such bonds be made uniform so far as
possible.
Section 16. State officers and heads of state departments may ar-
range for such schedule bonds as they deem advisable, which shall take
the place of bonds required by law of them or any of their officers and
employees. Every such schedule bond shall be a surety company bond
with a surety company authorized to do business in the commonwealth
as surety, conditioned that the officers and employees named in the
bond shall faithfully perform the duties of their offices and employ-
ments, with other conditions or provisions required by law.
§1.
615.
Reimburse-
ment for
premiums.
1907, 270.
190S, 469,
1912, 60.
1914, 589
1918, 257, §§ 8,
90; 294.
1919, 5; 144.
1920, 2;
546, I 4.
Examination
of bonds.
1885, 32,
85 1.2.
R. L. 18, § 16.
1904, 295.
1916, 196, S 1.
1919. 350,
§§46. 52. 54.
Section 17. If an official having custody of property of the com- 1
monwealth, or charged with the duty of receiving or disbursing money, 2
is required to give bond to the commonwealth for the faithful discharge 3
of his duty, the commonwealth shall reimburse him for the amount paid 4
by him to a surety company for becoming surety on his official bond. 5
Premiums on all surety bonds paid by the commonwealth shall be 6
paid out of the appropriations for expenses of the several officers and 7
departments. 8
Section IS. Every public official having custody of any bond for the 1
faithful performance of the duties of any office, occupation, agency or 2
trust, reciuiring the approval of any court, public officer, department or 3
board other than the governor and council, shall, except in those cases 4
where the duty is imposed upon the director of accounts, annually in 5
March examine into the sufficiency of every such bond, and shall, when- 6
ever at any other time there is reason to believe that any such bond has 7
become insufficient, examine into its sufficiency. Tiie governor shall 8
appoint a committee of the council which siiall annually in March make 9
such examination of bonils required to be approved by the governor or 10
by the governor and council. If a bond is found upon examination to 11
Ch.^. 30.] GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. 233
12 be insufficient, the person who has e.xamined it shall forthwith notify
13 the principal thereof and shall require him, within thirty days after the
14 date of such notice, to file a new bond in conformity with law. All
15 bonds requiring tlie approval of the state treasurer and all bonds requir-
16 ing his examination as to their sufficiency shall, when he deems it neces-
17 sary, be secured by a surety company approved by the commissioner of
18 insurance.
1 Section 19. If a new bond is not filed, as required by the preceding Removal of
2 section, the governor, with the advice and consent of the council, shall giVi'ng''new°
3 remove the principal from such office or trust or terminate his authority ?e°(]uired°°
4 to exercise such occupation or agency. r**l!^iI', H7
1 Section 20. Bonds of public officers, except officers in Suffolk Exammation
2 county, required to be deposited with county treasurers shall, at least rauntj' officers.
3 once a year, be examined by the director of accounts or his representa- r^l.'iIJus.
4 tive. If such bond is insufficient, he shall report to the superior court, §552 54^*'
5 which shall require a new bond, satisfactory to it, within such time as
6 it shall order.
1 Section 21. A person shall not at the same time receive more than More than one
2 one salary from the treasury of the commonwealth. biddeu'""^
G. S. 15, § 36. R. L. 18, § 11. Op. A. G. (1920) 282, 283.
P. S. 21, § S. 2 Op. A. G. 21, 309.
1 Section 22. Whoever wilfully violates the preceding section or wil- P''f?"y^2r
2 fully accepts or holds office in violation of article two of chapter six of in violation
3 the second part of the constitution, as amended by article twenty-seven const^Rev.
4 of the amendments thereof, shall forfeit to the commonwealth the Soliso.
5 compensation from all offices held in violation of said provisions during r.l.Ys, u'2.
6 the time they are so held, to be recovered by the attorney general, upon
7 written complaint made within one year by any citizen.
1 Section 23. Any person in any executive or administrative depart- Certain state
2 ment who is appointed to office by the governor, with the advice and ?equired"tJo^ "^^
3 consent of the council, and who is paid a salary, may be required by the fgYg^^sso'Tn.
4 governor, with like advice and consent, to give his whole time to the
5 duties of his office.
1 Section 24. The offices of all the departments of the state govern- office hours of
2 ment shall be open to the public for the transaction of business daily, ileel^e?.™'^'
3 except on Sundays and legal holidays, from nine o'clock in the forenoon HH] H^'
4 until five o'clock in the afternoon, except on Saturdays, when they may fjg^g ^^di^ ^°-
5 be closed at twelve o'clock, noon. The state treasurer shall not be i89o! 522 ^^
6 required to keep his office open for the receipt and payment of money isos,' 229, § i.'
7 later than two o'clock in the afternoon. ■ p. . •
1 Section 25. State officers, and members of departments receiving a Expenses of
2 salary or its equivalent, who are provided with offices by the common- ""^^^ offi<=er3.
1899, 459.
j54.
3 wealth and whose duties require regular attendance at such offices, shall r*^l! f.
4 not be allowed or paid by the commonwealth any expenses in the nature '^^s, 362, § 40.
5 of traveling or living expenses. Such officers or members of depart-
6 ments whose duties require them to travel elsewhere than to and from
7 the offices provided for them by the commonwealth, and unpaid state
234 GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChAP. 30.
officers or members of departments, and those whose duties do not 8
require daily attendance and who receive compensation by the day, 9
shall be allowed their actual reasonable expenses incurred in the per- 10
formance of such duties, if such expenses are authorized by law to be 11
paid by the commonwealth. Bills for such expenses shall be itemized 12
and the dates when, and the purposes for which, such expenses were 13
incurred shall be stated before their allowance by the comptroller. 14
Traveling
expenses of
state officers,
1859,221, §7.
G. S. 15, § 48.
P. S. 16, 5 50.
Section 26. Such officers and members of departments to whom 1
traveling expenses are allowed by the commonwealth shall, unless other- 2
wise provided, receive the amount actually expended but not more than 3
three and one half cents a mile each way actually traveled. 4
R. L. 6, § 55.
Money re-
ceived for
commonwealth
to be paid over
daily.
Exceptions.
Const, amend.
63. § 1.
(Const. Rev.
art. 125.)
Section 27. Except as otherwise expressly provided, all fees or 1
other money received on account of the commonwealth shall be paid 2
daily into the treasury thereof, but if in the opinion of the commission 3
on administration and finance and the state treasurer the interests of 4
the commonwealth require, payments may be made weekly in accord- 5
ance with such rules and regulations as the state treasurer may prescribe. 6
1874, 360. § 1.
P. S. 16, § 52.
R. L. 6. § 56.
1914, 770, § 13.
1921, 225.
1923, 362, 5 41.
?c°count°to Section 28. All books and accounts of all offices, departments, 1
be kept for boards, commissious and institutions of the commonwealth shall be kept 2
1905, 211,' § 1. by the fiscal year established for the commonwealth. 3
1918, 257, § 476. 1919, 5. 1920, 2.
Maintaining
office and
keeping
books at state
institutions.
1887, 87, § 1.
R. L. 6, § 16.
Section 29. Every treasurer and disbursing officer of a state institu-
tion shall maintain an office at his institution where all books, accounts
and vouchers of such institution shall be kept. The books shall show
all receipts and disbursements on account of the institution.
1908, 195.
firofficmf" Section 30. Official letters of departments, institutions or officials 1
ibhed '^''''''' °^ ^'^^ commonwealth shall be written or printed, so far as practicable, 2
1913, 702. on paper eight and one half inches wide and eleven inches long. 3
of^hradings^for Section 30A. The state secretary, the director of personnel and 1
letterheads Standardization and the state purchasing agent shall, after consulta- 2
1923, 362, § 42. tion with state officers, heads of departments and superintendents of 3
institutions, determine a uniform style of headings for letterheads to be 4
used by all executive and administrative officers and departments and 5
all institutions; but other styles may be authorized in limited quantities 6
for special purposes. 7
for'd'epar^'"" Section 31. Thc printing, binding and procuring of stationery for 1
i856'hes"'74 ^^^ ^^^^ °^ ^^^ scvcral offices and departments of the commonwealth shall 2
R. L. 6, § 49. be under the direction of the heads of said offices or departments and 3
shall be approved by them. 4
J^cportl Section 32. All annual reports required by law to be made by state 1
iiiis 189' 5 1- officers and departments or heads thereof shall, except as otherwise ex- 2
257. §§9. 476.' prcssly provided, cover the preceding fiscal year and, except for facts or 3
1919, 5.
1920, 2,
Chap. 30.] general provisions as to state officers, etc. 235
4 information specifically required by law, shall be a brief summary of the
5 said year's work, together with recommendations for the succeeding
6 fiscal year. All such reports shall, except as otherwise expressly provided,
7 be deposited with the state secretary and by him transmitted to the
8 general court on or before the third Wednesday in January.
1 Section 33. State officers and departments or heads thereof, except To be accom-
2 the commission on administration and nnance, shall annually, on or dnifis of
3 before the first Wednesday in December, deposit with the state secretary subn^is'^on to
4 such parts of their annual reports as contain recommendations or sug- i893!"i44.
5 gestions for legislative action, accompanied by drafts of bills embodying fgio.lM.S^.
6 the legislation recommended; and the state secretary shall forthwith ij^'^- 222, § i;
7 transmit them to the general court ; provided, that such recommendations jlj^j^^'-, 2
8 or suggestions for legislative action shall not include any requests for im 362, 5 43.
9 appropriations or any matters required to be covered by budget esti-
10 mates submitted to the budget commissioner under section three or
11 four of chapter twenty-nine. Such drafts of bills shall, seasonably be-
12 fore being deposited with the state secretary, be submitted to the coun-
13 sel to the senate or counsel to the house of representatives for advice
14 and assistance as to the form thereof.
1 Section 33A. If, in the opinion of a state officer or department re- to contain
2 quired to submit annual reports to the general court, the necessity of tfonr^avoid-
3 enacting special bills in relation to any particular subject of legislation feglsiatir*'
4 may, without detriment to the public interest, be avoided in whole or in '^^°' ^' ^ ^•
5 part by the enactment of general legislation, such officer or department
6 shall submit from time to time in such reports recommendations for
7 such changes in or additions to the General Laws as will accomplish
8 said purpose.
1 Section 34. All reports' of special commissions recommending legis- Rep9rt3 of
2 lation shall be accompanied by drafts of bills embodying the legislation nuaa'ions°t?'be
3 recommended. byT£t^^^
1915, 269. 1919, 131. legislation.
1 Section 35. State officers, departments or heads thereof may make special reporta,
2 such special reports as the division of personnel and standardization Appca'S^ "'
3 deems to be of practical utility. Appeal may be taken from any de- sif.'e.^*'
4 cision of said division hereunder to the committee of the executive Ij'f'f^g'
5 council appointed to consider matters of finance whose decision shall be i923, 362, 5 u.
6 final.
1 Section 35A. Reports of state oflScers, departments or heads thereof, J," n™ b^e
2 and special commissions, recommending the expenditure of money to ''"■"'?hed to
3 an amount in the aggregate exceeding five hundred thousand dollars for muniripaiitieB
4 a new project or undertaking, any part of the cost of which is recom- amount of
5 mended to be assessed upon the cities and towns of any metropolitan ?e?ommended
6 district, shall be accompanied by a statement showing the amount, in upontllem
7 dollars and cents, that would be assessed upon each such city and town J,°'„'^g[ate''
8 if such recommendation should be enacted into law. The oflicer, de- PJ^JJ^'^la^"-
9 partment or special commission making a recommendation as aforesaid
10 shall, upon the filing of its report containing the same, send a copy of
11 said statement to each city and town which would be subject to such
12 assessment.
236
GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChaP. 30.
Marking and
record of state
Every motor vehicle purchased by the commonwealth
Section 36 , _
motor vehTdes, shall be marked on a part of the vehicle not readily removable, and in
DUtinctive a coHspicuous placc, with the words in plain letters "Commonwealth of
I9i7!'2''i9.'''*'''' ISIassachusetts", or in such other manner as may be approved by the
im 350, g^j^^g purchasing agent. He may make rules and regulations governing
1923, 362, 5 45. ^jjg marking of such motor vehicles, and any appointed official who fails
to comply with an order, rule or regulation made under authority hereof
may be removed by the governor, with the advice and consent of the
council. Every officer, department, board, commission or institution of
the commonwealth operating any such motor vehicle shall keep such a
record of the use of such vehicle, and shall make such reports in relation 11
thereto, as may be prescribed by the comptroller. The registrar of 12
motor vehicles shall furnish for each such motor vehicle a distinctive 13
number plate bearing such arrangement of letters or numbers, or both, 14
as will distinguish the particular vehicle, and the officer, department, 15
board, commission or institution by which the vehicle is operated, and 16
at the expense thereof. . 17
1
2
3
4
5
6
7
8
9
10
Taking effect
of certain
rules and
regulations.
Filing and
indexing
thereof.
1917, 307,
§5 1. 3, 4.
1920, 433.
267 Mass. 501.
Section 37. Every department, commission, board or official vested 1
by law with the power to make and issue rules or regulations general in 2
scope, and to be observed or performed under penalty for the violation
thereof, shall file attested copies thereof, together with a citation of the
law by authority of which the same purport to have been issued, with
the state secretary, and such rules or regulations, whether or not they
require the approval of the governor and council, or other authority,
before taking effect, shall not take effect until so filed. The foregoing
provision shall not apply to rules or regulations issued by commissions,
boards or officials of towns, or to municipal ordinances or by-laws, or to
rules or regulations affecting solely the internal management or discipline 11
of a department, commission, board or office, nor to orders or decrees 12
made in specific cases within the jurisdiction of a department, commis- 13
sion, board or official. The state secretary shall file and index all rules 14
and regulations filed with him hereunder, noting and keeping available 15
such references to preceding rules and regulations as may be necessary 16
for certification purposes. 17
o
4
5
6
7
8
9
10
Departments,
etc., to furnish
information
concerning
officials and
employees.
1910, 268, § 1.
1911, 43.
1913, .'J34.
1916, 296, § 6.
1917, 217.
Section 38. Every state officer, department or head thereof shall,
whenever required by the division of personnel and standardization,
furnish it with such information as it prescribes concerning all officials
and employees of the commonwealth employed in or by such office or
department for whose services money has been paid by the common-
wealth.
1923, 362, § 46.
Construction
and repair of
public build-
inps, etc.
Security for
payment for
labor uinl
materials.
187S, 209.
P. S. 16, § 64.
R. L. 6, 5 77.
1922, 416.
1929, 111.
174 Mass. 335.
182 Mass. 480.
197 Mass. 357.
202 Mass. 326.
204 Mass. 494.
Section 39. Officers or agents contracting in behalf of the com- 1
nionwealth for the construction or repair of public buildings or other 2
public works shall obtain sufficient security, by bond or otherwise, for 3
payment by the contractor and sub-contractors for labor performed or 4
furnished and for materials used or employed in such construction or 5
repair; but in order to obtain the benefit of such security, the claimant 6
shall file with such officers or agents a sworn statement of his claim, 7
within sixty days after the claimant ceases to perform labor or furnish 8
labor or materials, and shall, within one year after the filing of such 9
claim, file a petition in the superior court for the proper county to en- 10
Chap. 30.) general provisions as to state officers, etc. 237
11 force his claim or intervene in a petition already filed; and the pro- 208 Mass. 372.
12 visions of chapter two hundred and fifty-eight shall apply to such peti- 215 m^: 369!
13 tions.
222 .Mass. 405. 233 Mass. 420. 259 .Mass. 310.
1 Section 40. Bonds or other security given to the commonwealth to D^^^Jfj^i,^.
2 secure the performance of contracts for the construction or repair of tion of bonds,
3 public buildings or other public works, or given in accordance with the commOTweaUh.
4 preceding section, may be discharged or released by the governor, with '**'®' ^^^■
5 the advice and consent of the council, upon such terms as they deem ex-
6 pedient, after the expiration of sixty-five days from the time of the com-
7 pletion of the work contracted to be done; provided, that no claim filed
8 under said section is pending; and new bonds or other security in sub-
9 stitution therefor may be taken by the governor, with like advice and
10 consent.
1 Section 41. If sales of property of the commonwealth are made by itemized ac-
2 anv officer of a state institution, the superintendent thereof shall submit of property.
3 to the trustees or other supervising board or officer an itemized account, r. l'. 6, §57.
4 on oath, of such sales, for their approval in the same manner as accounts
5 for materials and supplies for such institutions are approved, and such
6 account shall be filed with the state treasurer when the proceeds are
7 paid over to him.
1 Section 42. The state purchasing agent, the state librarian and an Disposal of
2 assistant attorney general designated by the attorney general, acting oteoiete^docu-
3 as a board, in consultation with the chairman of any board or commission "920*^ 74°'
4 and the head of any department or institution which may be interested, i^-^' 362. § 47.
5 may, in their discretion, sell any duplicate volumes or documents, the
6 property of the commonwealth, which are held in the state library or
7 any other department, and they shall sell or destroy, from time to time,
8 obsolete or worthless records, books and documents. At least thirty
9 days before selling or destroying any such records, books or documents,
10 the board shall publish in a daily newspaper in Boston a notice of its in-
11 tention so to do, containing a brief description or summary of the articles
12 to be sold or destroyed, and it shall give such other and further notice
13 as it deems advisable to historical societies or persons interested in the
14 matter. It may, and upon petition of twenty-five or more citizens of
15 the commonwealth shall, before selling or destroying any particular
16 records, books or documents, give a public hearing to all persons in-
17 terested, and ten days' notice of such hearing shall be given in a daily
18 newspaper published in Boston. Any money received from sales under
19 this section shall be paid to the commonwealth.
1 Section 43. No person employed in any state department shall re- Employees
2 ceive for his own use any fee for copying public records or documents, or ™ VaiVteTs'.^^
3 for other services during office hours, but all fees therefor shall be paid to ^'le.?,' 259. s 3.
4 the commonwealth. Whoever violates this section shall be punished by p f^ ^is. Vis-
5 a fine of not more than one hundred dollars and shall be disqualified for i9i8. 257, § 89.
6 employment in any state department. 1920! 2.
1 Section 44. No officer or employee of the commonwealth shall act o*™!- ^
2 as agent or attorney of any person in a sale or conveyance of land to the not to act as
238
GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChAP. 30.
agent in sale Commonwealth. Whoever violates any provision of this section shall be .3
TOmmonweaith. punishefl by a fine of not more than one thousand dollars and shall be 4
rmsoe. disqualified for employment in any state department. 5
1918, 257, §87. 1919,5. 1920,2.
Sale, convey-
ance, etc., of
land owned by
commonwealth
necessary for
laying out,
etc.,
highways.
1927, 135.
Section 44A. A commissioner or head of a state department having 1
control of any land of the commonwealth may, in the name of the com- 2
monwealth and subject to the approval of the governor and council, 3
sell and convey to any county, city or town, or transfer to the control 4
of another state department, so much of such land as may be necessary 5
for the laying out or relocation of any highway. G
classification OF certain st.ate offices and positions.
ClaBsification
of certain state
offices and
positions.
Definitions.
1914, SU5,
§§ 1. 2. 5, 9.
1918, 228, § 1.
1919, xra. § 22.
1923. 3U2, § 48.
1930, 400, § 6.
Op, A. G. (1918)
116.
1
2
3
4
5
6
7
8
9
10
Section 45. All appointive offices and positions in the government
of the commonwealth, except those in the judicial branch and those in
the legislative branch other than the additional clerical and other assist-
ants in the sergeant-at-arms' office, but including registers and assistant
registers of probate and their assistants, shall be classified by the divi-
sion of personnel and standardization, subject to the approval of the
governor and council, in services, groups and grades according to the
duties pertaining to each office or position. Such classification shall be
established by specifications defining for each grade the titles, duties and
responsibilities, and minimum qualifications for entrance and promo-
tion. The titles so designated shall be the official title of offices or posi- 1 1
lions included therein, and shall be set forth on all pay rolls. The 12
following words as used in this and the four following sections and in 13
said classification shall have the following meanings: 14
"Group" includes offices and positions in a separate profession, 15
vocation, occupation or trade involving a distinctive line of work which 16
requires special education, training or experience; 17
"Grade", a subdivision of a group, including all positions with sub- IS
stantially identical authority, duties and responsibility as distinct from U)
all other grades in that group; 20
"Advancement", an increase from one salary rate to another within 21
a grade; 22
"Promotion", a change from the duties of one grade to the duties of 23
a higher grade, which shall involve a change in salary to the rates of 24
the higher grade. 25
Rules and
regulations for
application
and adminis-
tration of such
classification.
1918, 228, § 2.
1923, 362, § 49.
1930.400,
§5 5,7-9.
1931,301,5101.
Procedure in
obtaining in-
crease of salary.
1914, 005,
§§ 1-4, 0.
Section 46. Said division may make rules and regulations, subject 1
to the approval of the governor and council, providing for the applica- 2
tion and administration of the classification and the specifications 3
established under the preceding section; and the salaries of all officers 4
and employees holding offices and positions required to be classified 5
under said section, except those whose salaries are now or shall be 6
otherwise regulated by law and those whose salaries are required by 7
law to be fixed subject to the approval of the governor and council, 8
shall be fixed in accordance with such classification and specifications. 9
The word "salary" or "salaries", as used in sections forty-five to fifty, 10
inclusive, shall include compensation, however payable. 1 1
SiX'TiON 47. Recommendations for increases in the salaries of officers 1
and employees whose salaries are required by the preceding section to 2
Chap. 30.] gener.\l provisions as to state officers, etc. 239
3 be fixed in accordance with such classification and specifications, shall }^}|' |^|3j ^
4 be submitted in the first instance to the said division, and if approved l%^\f^^ „-
5 by it shall take efFect upon notice by the said division to the commissioner 1923. aei's 56.
6 of civil service and the comptroller. If the said division does not approve 142.
7 a proposed increase in salary, it shall report the recommendation of the
8 department or institution with its own recommendation to the governor
9 and council whose decision shall be final, except that the governor and
10 council shall not grant an increase in salary greater than that recom-
11 mended by the department or institution. Increases in salaries granted
12 under this section shall conform to such standard rates as may be estab-
13 lished by rule or regulation in accordance with the preceding section.
14 No increase in salary shall be granted under this section unless an appro-
15 priation sufficient to cover such increase has been granted by the general
16 court in accordance with estimates for the budget filed as required by
17 law. No increase in a salary exceeding or to exceed one thousand dol-
18 lars, authorized under this section between December first and May
19 thirty-first, both inclusive, in any year shall take efi'ect until June first
20 following or such later date as may be fixed by the department or insti-
21 tution recommending such increase, with the approval of the said
22 division or the governor and council.
1 Section 48. Incumbents of offices or positions classified under sec- Duties of in-
2 tions forty-five to fifty, inclusive, shall perform, so far as practicable, portions °
3 the duties prescribed for the respective grades, but said sections shall 19*1*8^228, 5 4.
4 not limit or restrict administrative authorities in exercising supervision
5 of, or control over, their employees, or in assigning related, incidental
6 or emergency duties to them.
1 Section 49. Any employee of the commonwealth objecting to any AppeaUrpm
2 provision of the classification affecting his office or position may appeal loi's! 2'28!°§ is.
3 in writing to the said division and shall be entitled to a hearing upon '^^^' ^^^' * *''
4 such appeal. The said division shall report thereon with such recom-
5 mendations as it may deem expedient to the governor and council.
1 Section 50. For the purposes of the classification authorized by Limit of
2 section forty-five the words laborers, workmen and mechanics shall offive''pr°e^
3 have the same meaning as in sections thirty to thirty-six, inclusive, tfo1is.^^°'^
4 of chapter one hundred and forty-nine; and sections forty-five to forty- \l\l[ 3I0; ^^•
5 nine, inclusive, of vhis chapter shall not be construed as placing state ^ i°^-
6 employees outside the civil service laws, rules and regulations, nor
7 shall the classification aforesaid take precedence over any rulings of the
8 division of inspections of the department of public safety, of the board
9 of boiler rules of said department, or of the state examiners of electri-
10 cians, regarding the construction, care and operation of boilers, engines
11 and other apparatus which may be under the charge of such laborers,
12 workmen and mechanics.
CENTRALIZED STATE PURCHASING.
1 Section 51. All materials, supplies and other property, except legis- Purchase of
2 lative or military supplies, needed by the various executive and admin- ruppiiL.''etc.,
3 istrative departments and other activities of the commonwealth shall panmentar
4 be purchased by or under the direction of the purchasing bureau in the i923_ 352, § 52.
5 manner set forth in the following section, and sections twenty-two to
240 GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChAP. 30.
twenty-six, inclusive, of chapter seven. Said bureau shall be furnished 6
with such general supply appropriations, in addition to its departmental 7
supply accounts, as may be necessary in order to place blanket contracts S
or achance orders and thereby take advantage of favorable market 9
conditions. 10
i^uX°™'°^ Section 52. No supplies, equipment or other property, other than 1
i923''?c" . 5, for legislative or military purposes, shall be purchased or contracted for 2
by any state department, office or commission unless approved by the 3
state purchasing agent as being in conformity with the rules, regulations 4
and orders made under section twenty-two of chapter seven. Such 5
approval may be of specific or blanket form at the discretion of the state 6
purchasing agent. 7
Chap. 31.]
CIVIL SERVICE.
241
TITLE IV.
CIVIL SERVICE, RETIREMENTS AND PENSIONS.
Chapter 31. Civil Service.
Chapter 32. Retirement Systems and Pensions.
CHAPTER 31
CIVIL SERVICE.
Sect.
1. Definitions.
2. Certain duties of board.
RULES.
3. Rules.
4. Positions to be included.
5. Positions not to be included.
6. Applicant entitled to three certifica-
tions.
7. Changes in rules, distribution and
publication.
EXAMINATIONS.
8. Notices of examinations. Posting.
9. Penalty for failure to post, or destruc-
tion of notices.
10. Scope of examination.
11. Certain acts relative to examinations
forbidden.
12. Lists of eligibles.
13. Statements required of applicants for
examination.
13.4. Physical requirements for promotion
in police and fire departments.
14. Labor ser%'ice.
15.
16.
19
20
APPOINTMENTS.
Appointment, certification, etc.
Recommendation by public officers
restricted.
Certain persons ineligible.
Names of persons employed, pro-
moted, etc., to be reported to com-
missioner.
Citizens to have preference in public
appointment.
Appointment and promotion of police
officers, except in Boston.
20A. Appointments to regular police forces
in certain cities and towns.
Sect.
veterans' preference.
21. Veteran defined.
22. Employment without examination.
23. Preference for veterans passing ex-
aminations.
24. Veterans in labor service.
25. Provisional appointment of veteran
in absence of eligible list.
26. [Repealed.]
27. Reinstatement after military or naval
service.
28. Restoration of names to eligible Ust
after such service.
general powers.
Records and files.
Recommendations and annual re-
ports.
City officers to make reports, etc.
Enforcement. Penalty.
Summoning witnesses, etc.
INVESTIGATIONS.
Commissioner may investigate classi-
fied service as to efficiency, etc.
May investigate classified service as
to duties, compensation, etc.
Exemption of policemen and firemen.
MI.SCELLANEOUS PROVISIONS.
Provisional appointment of alien to
terminate, etc.
Enforcement of dismissal of alien.
Enforcement of law and rules.
Remedy by mandamus to collect
salary, etc.
Commissioner to certify laborer or
mechanic for foreman.
Qualifications of inspectors of ma-
sonry.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
242
CIVIL SERVICE.
[Chap. 31.
Sect.
42. Appointment of treasurers and stew-
ards of state institutions.
Certain police officers in towns and
cities except Boston, duration of
office, removal, etc.
Judicial review of removal, etc., of
such officers.
Removal, suspension, reduction in
grade, or transfer of certain other
persons in classified public service.
[Repealed.]
Judicial review of certain removals,
etc.
Removal, etc., of certain prison offi-
cials.
42A.
42B.
43.
44.
45.
46.
.Sect.
46A. Petition for writ of mandamus for
reinstatement of certain persons.
46B. Notice to certain persons separated
from service.
APPLICATION OF LAW TO CITIES AND TOWNS.
47. Application of chapter.
48. Application to police, etc., of certain
towns.
49. Application to chiefs of police, etc.,
of certain cities and towns.
50. Special laws not affected.
GENERAL PENALTY.
.51. General penalty.
Definitions.
1919, 350,
§S 65, 66.
Section 1. In this chapter, unless otherwise expressly provided or 1
the context otherwise requires, the following words shall have the follow- 2
ing meanings: 3
"Board", commissioner and associate commissioners of civil service; 4
"Commissioner", commissioner of civil service; 5
"Division", division of civil service of the department of civil service 6
and registration; 7
"Town" shall not include city. 8
of'bM?/"''"' Section 2. In addition to other duties imposed by this chapter and 1
Join' ?«3' t S® chapter thirteen, the board shall hear and decide all appeals taken bv an 2
19d0, iDV, 9 J. ^. !• "1 1 • p 1 • • PI O
applicant, eligible person or appointee from any decision oi the com- 3
missioner. 4
RULES.
Rules.
1884, 320,
{§ 2, 14.
1895, 501, 5 1.
1896, 517,
5§6. 8.
R. L. 19,
IS 6, 7. 24.
1916, 297, § 4.
1919, 350. § 66.
1930, 227.
138 Mass. 601.
143 Mass. 5.S9.
145 Mass, 587.
166 Mass. 14,
589
170'MaB9. 58.
178 Mass. 186.
192 Mass. 299.
193 Mass. 537.
203 Mass. 539.
223 Mass. 270.
242 Mass. 61.
251 Mass. 71.
253 Mass. 416.
259 Mass. 286.
273 Mass. 368.
1 Op. A. G. 71,
194, 216, 243,
252, 353, 554,
568.
2 0p. A. G.
119, 186, 280,
296, 302, 342,
344, 391, 409,
460, 467, 623.
3 Op. A. G.
165, 190, 270.
296, 324, 368,
575
4 Op. A. G. 127,
151, 172,619.
Op. A. G.
(1918) 66. 97.
Op. A. G. (1920)
127.
Section 3. The board shall, subject to the approval of the governor
and council, from time to time make rules and regulations which shall
regulate the selection of persons to fill appointive positions in the gov-
ernment of the commonwealth, the several cities thereof, and any such
towns as have been placed under its jurisdiction by any act of the general
court or by accepting provisions of this chapter or corresponding pro-
visions of earlier laws, and, except as otherwise provided in section
forty-seven, the selection of persons to be employed as laborers or other-
wise in the service of the commonwealth and said cities and towns. Such
rules shall be of general or limited application, shall be consistent with 10
law and shall include provisions for the following: 11
(a) The classification of the positions and employments to be filled; 12
(b) Open competitive and other examinations to test the practical 13
fitness of applicants; 14
(c) The selection of persons for public positions and employments 15
in accordance with the results of such examinations, or in the order of 16
application, or otherwise; 17
{(!) Promotions, if practicable, on the basis of ascertained merit in the 18
examination and seniority of service; 19
(c) A period of probation before an appointment or emplojTuent is 20
made permanent; 21
(/) Preference to veterans in appointment and promotion, not incon- 22
sistent with this chapter. 23
The present rules of the board so far as they are consistent with law 24
shall continue in force until changed. 25
Chap. 31.1 civil service. 243
26 No new rule or regulation and no change in any rule or regulation shall
27 be submitted for approval by the governor and council hereunder until
28 after a hearing relative thereto has been held by the board. Not later
29 than seven days before such hearing, the board shall send notice thereof
30 to each member of the general court and to the mayor of each city and
31 the selectmen of each town to which such rule, regulation or change re-
32 lates and shall also publish the same in one or more newspapers.
1 Section 4. The following, among others, shall be included within Positionsto
2 the classified civil service by rules of the board :
1924, 197.
3 All persons having charge of steam boilers, heating, lighting or power Persons having
^ . . ,11 1.1 charge of steam
4 plants maintained by the commonwealth ; boilers, etc.
19U, 486. 1918, 257. § 91. 1919, 5. 1920. 2.
5 AH sealers and deputy sealers of weights and measures in towns of |,^^';^'i[f3°/„d
6 over ten thousand inhabitants and in cities, whether such officers are ^^^f"^!! «»<=•
7 heads of principal departments or not, and also the inspectors of stand- iquI 452, § 1.
8 ards in the service of the commonwealth;
1918. 218^257, §232. 1920,2. 4 Op. A. G. 213.
1919, 5. 222 Mass. 296.
9 Members of police and fire departments of cities and of such towns Members of^
10 as accept the provisions of this chapter, or have accepted corresponding departments.
11 provisions of earlier laws, and members of the police or fire department Jgol; 73°' ^ ' '
12 of any town which, as to such department, accepts section forty-eight or f^gjf;
13 has accepted corresponding provisions of earlier laws; except that no Iflf'"
14 rule regulating the height and weight of persons eligible to become mem-
15 bers of the fire department shall be made or enforced except by the city
16 council or selectmen; and except further that no rule shall prescribe a
17 maximum age limit for applicants for positions in police or fire depart-
18 ments lower than thirty-five years;
19 Inspectors of plumbing in receipt of an annual salary; inspectors of
1894, 455. § 5. R. L. 103, § 5. 1909. 536, § 7. plumbing.
20 Instructors in the state prison and the Massachusetts reformatory, instructors,
■ *•••■ »• ■ 1j1* glc.( in prison
21 and all other emplovees in said institutions having prisoners under their andreform-
, atory.
22 charge;
1912, 597.
23 Janitors of school buildings in cities, and in such towns of over twelve janitors of
i-ii. 1- 1 scliool buildings
24 thousand inhabitants as accept this paragraph; in cities and
in certain
ij.a, ij-i. towns.
25 Supervisors of attendance in cities, and in such towns of over twelve Supervisors ot
,.11- 1 • 1 attendance in
26 thousand inhabitants as accept this paragraph. cities and in
..^o/^ o. certain towns.
194.
352.
1 Section 5. No rule made bv the board shall apply to the selection Positions
f e 1 r 11 • ' i " not to be
2 or appointment ot any oi the loUowing: _ 'i884''32b is
3 Judicial officers; officers elected by the people or, except as otherwise 1393; 95. '
4 expressly provided in this chapter, by a city council; officers whose Jj^^l; fg^s 9.
5 appointment is subject to confirmation by the executive council, or by J^jJ;!^; 522
6 the city council of any city; officers whose appointment is subject to \ffi^l2:
7 the approval of the governor and council; officers elected by either 1923^1^30. ^^^
8 branch of the general court and the appointees of such officers; heads of 19,5 Mass! 35.^'
9 principal departments of the commonwealth or of a city except as other- 201 MaS: sob'.
10 wise provided by the preceding section; directors of divisions author- |Jj^ ^^^ 46.
244
CIVIL SERVICE.
[Ch.\p. 31.
213 Mass. 1.
229 Mass. 147.
2.53 Mass. 416.
259 Mass. 417.
264 Mass, 158.
1 Op. A. G. 72.
102. 194.
3 0p. A. G. 129.
158. 325.
4 Op. A. G. 213.
329
Op. A. G. (1920)
305.
ized by law in the departments of the commonwealth; employees of the 11
state treasurer appointed under section five of chapter ten, employees 12
of the commissioner of banks, and of the treasurer and collector of taxes 13
of any city; two employees of the city clerk of any city; public school 14
teachers; secretaries and confidential stenographers of the governor, or 15
of the mayor of any city; clerical employees in the registries of probate 16
of all the counties; police and fire commissioners and chief marshals or 17
chiefs of police and of fire departments, except as provided in section 18
forty-nine; and such others as are by law exempt from the operation 19
of this chapter. 20
Applicant SECTION 6. No rule shall be made which shall prevent, except for 1
entitled to .... •/» * i? l n
three certifi- moral unfitucss and after investigation, the certification tor the same 2
i904.°i98. office, on at least three separate occasions, of any person whose name is 3
on any eligible list. 4
Changes in
rules, distrilm-
tion and publi-
cation.
1884. 320, § 19.
1888, 253.
R. L. 19, § 8.
Section 7. Changes in the rules, when approved, shall be printed 1
forthwith for distribution, and a certified copy thereof sent to the mayor 2
of each city and the selectmen of each town to which such changes relate, 3
and shall be published in one or more newspapers. Such publication 4
shall specify the date when such changes shall take effect, which shall be 5
not less than sixty days subsequent to the date of publication. 6
Notices of
examiniitions.
Posting.
1906, 277, § 1.
EXAMINATIONS.
Section 8. The commissioner shall prepare notices of civil service
examinations and send them to the clerks of the several cities and towns,
who shall cause the same to be posted in the city and town halls and in
other conspicuous places. Of such notices there shall be posted not less
than five in every town, and not less than twenty-five in every city,
including one in each ward.
Penalty for
failure to post,
or destruction
of notices.
1908, 277, § 2.
Section 9. Any city or town clerk who refuses or wilfully neglects
to post the notices required by the preceding section and any person who
maliciously tears down, destroys, defaces or injures any such notice
prior to the date of any examination of which notice is given therein,
shall be punished by a fine of not more than twenty-five dollars.
Scope of
examination.
18S4. 320. § 16.
R. L. 19. § 13.
1911, 63.
1919, 350, § 66.
Section 10. No question in any examination shall relate to political 1
or religious opinions or affiliations, and no appointment to a position or 2
selection for employment shall be affected by them. Examinations shall 3
be conducted under the direction of the commissioner. They shall be 4
practical and shall relate to matters which will fairly test the capacity 5
and fitness of the apjilicants; and all answers of applicants to questions 0
in examinations relating to training and experience, outside of the labor 7
service, shall be on oath, if the board so requires. The board shall deter- 8
mine the scope and weight of examinations. 9
Certain acts
relative to
exatninationa
forbidden.
18.S4. 320. § 18.
R. h. 19, S 14.
Section 11. No person in the public service shall wilfully and cor- 1
rui)tly defeat, deceive or obstruct any person as to his right of exam- 2
illation; or wilfully or corruptly make a false mark, grade, estimate or 3
rei)ort on the examination or proper standing of any person examined 4
uiuUt this chapter, or wilfully or corruptly make any false representa- 5
tion concerning the same or concerning the person examined: or wilfully 6
or corruptly furnish to any one special or secret information, for the 7
Chap. 31.] civil service. 245
8 purpose of improving or injuring tlie prospects or chances of appoint-
9 ment, employment or promotion of any person so examined or to be
10 examined.
1 Section 12. The lists of persons eligible to any position shall be Lists of
2 prepared or revised as soon as may be after their respective ratings or issk, lo'i, 54.
3 standings have been determined by the commissioner by examination or r*'®l; i9^'§\|:
4 otherwise in accordance with the rules of the board. The commissioner }^}|; |?^; | ^2.
5 shall not place on any such list any person not a citizen of the United }|i9' |; ^^■
6 States. All persons who have taken an examination shall be notified of 223 Masa. 109.
7 the results thereof within sixty days from the completion of such exam-
8 ination. All lists established, as aforesaid, shall be open to public
9 inspection.
1 Section 13. Every application shall state under oath the full name, statements
2 residence and post office address, citizenship, age, place of birth, health LppfSLts for
3 and physical capacity, right of preference as a veteran, previous employ- !l|"'32o.°§i7.
4 ment in the public service, occupation and residence for the previous ^^^l \l^-^ j,.
5 five years and education of the applicant, and such other information ^^n, 119.
6 as may be reasonably required relative to his fitness for the public
7 service; but no question shall be asked in such application or in any
8 examination requiring a statement as to any offence committed before
9 the applicant reached the age of sixteen.
1 Section 13A. A police officer or fireman holding an office classified feq'Si-^ementa
2 under the civil service rules who has completed five years of service in 1^^^^°^°^^^
3 the department of which he is a member, and who is an applicant for fire depart-
4 promotion and has filed with the commission a certificate of a registered 1930, 423.
5 physician approved by the commission, stating that he has examined
G the police officer or fireman, and that in his opinion the police officer or
7 fireman is afflicted with no disability which will interfere with his per-
S foTmance of the duties of the position for which he is an applicant,
9 shall not be required to pass any further physical examination for pro-
lU motion in such department.
1 Section 14. Applicants for positions in the classified labor service Labor service.
2 of the commonwealth, and of the cities and towns having such a service, r l' 19. § 12.
3 shall be allowed to register on the first Mondays of February, May, '''^'' "'*
4 August and November in each year, at places appointed therefor by the
5 board. The number registered shall not be limited below five hundred
6 in the commonwealth or in any city.
appointments.
1 Section 15. No person shall be appointed to any position in the Appointment,
„,.„,.., . . ,-r i- 1 I1 • • certification.
2 classified civil service except ujjon certmcation by the commissioner etc.
3 from an eligible list in accordance with the rules of the board; but if 1395! soi'. §4.'
4 there is no suitable eligible list, or if the commissioner is unable to r**''^'. 19!' ^ *'
5 comply with a requisition in accordance with the rules of the board, the fJig^j^; 5 g,.
6 commissioner, subject to section twenty-five, may authorize a provi- i9i9. |-
7 sional appointment or may authorize the appointing officer or board to 252 Mass. 323.
8 select a suitable person who shall be subjected to a non-competitive
9 examination, such provisional or non-competitive appointment to be
10 subject to the rules of the board. Within five days after the certification
246
Recommenda-
tion by public
officers
restricted.
1884, 320. § 5.
R. L. 19, 5 18.
CIVIL SERVICE.
[Chap. 31.
of persons for appointment or employment the commissioner shall make 11
a record of the persons so certified. If the appointing officer rejects all 12
the persons certified he shall so notify the commissioner. 13-
Section 16. No recommendation of an applicant for an office or
position under this chapter given by any member of the general court,
alderman or councilman, except as to the character or residence of the
applicant, shall be received or considered by any person concerned in
making the appointment.
1
2
3
4
5
Certain persons
ineligible.
1884, 320,
§§3,4.
1888, 334.
R. L. 19,
§§ 16, 17.
1912, 212.
1915, 76.
1922, 36.
1929, 306,
461
Section 17. No person habitually using intoxicating liquors to
excess shall be appointed, employed or retained in any position to which
this chapter applies, nor shall any person be appointed or employed in
any such position within one year after his conviction of any cririie
against the laws of the commonwealth; provided, that the commis-
sioner may in his discretion authorize the appointment or employment,
Jgp- A"g-2«. within said year, of a person convicted of any of the following offences:
-" ' ■ ' — (1) a violation of any rule or regulation made under section thirty-
one of chapter ninety; (2) a violation of any provision of said chapter
ninety relating to motor vehicles, except those of sections twenty-three
to twenty-five, inclusive; (3) any other offence for which the sole pun- 11
ishment imposed was (a) a fine of less than one hundred dollars, (6) a 12
sentence to imprisonment in a jail or house of correction for less than 13
six months, with such a fine or without any fine, or (c) a sentence to any 14
other penal institution under which the actual time served was less 15
than six months, with such a fine or without any fine. 16
1
2
3
4
5
6
7
8
9
10
Names of
persons em-
ployed, pro-
moted, etc.,
to be reported
to commis-
sioner.
1884, 320, § 22.
R. L. 19, § 19.
Section 18. The officer appointing, employing, promoting or dis- 1
charging any person within the classified civil service shall forthwith 2
report to the commissioner the name and residence of the person, the 3
designation of the position, and the fact of the appointment, employ- 4
ment, promotion or discharge. 5
SvlXference Section 19. Exccpt as Otherwise provided by law, in all positions, 1
'"oin'tmlnt" employments and work in any branch of the service of the common- 2
i93i' 125 * ^' wealth, or of any county, city, town or district therein, citizens of the 3
223 Mass. 109. commonwealth shall be given preference. 4
Appointment
and promotion
of police ofB-
cers, except
in Boston.
1920, 368.
Section 20. Appointments and promotions in the police forces of 1
cities and towns, except Boston, whose police forces are within the 2
classified civil service, shall be made only by competitive civil service 3
examination, except as otherwise provided in this chapter, or in the 4
rules of the board relative to temporary or emergency appointments. 5
No such examination shall be held imtil there are at least three appli- 6
cants for appointment or promotion for one existing vacancy, except as 7
to applicants for appointment to the lowest grade. In making appoint- 8
nients or promotions to all grades of service other than the lowest, the 9
examination and appointment shall be limited to persons of the next 10
lower rank; but if the number of applicants for examination in such 11
lower rank is not sufficient to hold an examination, the next lower ranks 12
shall in succession be thrown open to the examination until at least the 13
necessary number have applied. 14
Chap. 31.] civil service. 247
1 Section 20A. In each city and town subject to section twenty in Apfwintments
2 which there has been established a reserve poHce force, appointments to police forces in
3 the regular force shall be made by the appointing authority upon certi- and'towns'.'^^
4 fication by the commissioner from the list of members of the reserve '^^°' '®°-
5 police force in accordance with the rules of the board, except that the
6 basis of certification shall be the order of appointment to the reserve
7 force.
VETER.\JSfs' PREFERENCE.
1 Section 21. The word "veteran" as used in this chapter shall mean Veteran
2 any person who has served in the army, navy or marine corps of the isoe, 517,
3 United States in time of war or insurrection and has been honorably r. l. 19, § 20.
4 discharged from such service or released from active duty therein, or {924; It": ^ ^•
5 who distinguished himself by gallant or heroic conduct while serving in ^l JJ^J |J|;
6 the army or navy of tjie United States and has received a medal of honor ^ Mass. 286.
7 from the president of the United States, provided that such person was iop.a.g.40s.
8 a citizen of the commonwealth at the tune of his induction into such op.A.G.(i920)
9 service or has resided in the commonwealth for five consecutive years
10 next prior to the date of filing application with the commissioner under
11 this chapter; and provided further that any such person who at the
12 time of entering said service had declared his intention to become a
13 subject or citizen of the United States and withdrew such intention under
14 the provisions of the act of congress approved July ninth, nineteen
15 hundred and eighteen, and any person designated as a conscientious
16 objector upon his discharge, shall not be deemed a "veteran" within
17 the meaning of this chapter.
1 Section 22. A veteran of the civil war, or a person who has received ^[{"fout"^"'
2 a medal of honor as provided in the preceding section, may apply to the ^g9"'5f7'°5"3
3 commissioner for appointment or employment in the classified civil service fi^^^^^^ '
4 without examination. In such application, he shall state on oath the facts lee Mass. 589.
5 required by the rules. Age, loss of limb or other disability which does not 259 mS. 286'.
6 in fact incapacitate shall not disqualify him for appointment or employ-
7 ment under this section. Appointing officers may make requisition for
8 the names of any or all such veterans and appoint or employ any of them.
1 Section 23. The names of veterans who pass examinations for ap- preference for
2 pointment to any position classified under the civil service shall be placed paSn^
3 upon the eligible lists in the order of their respective standing above IH^'SV.'"^"
4 the names of all other applicants, except that any such veterans who are }^||; |JJ;
5 disabled and who present a certificate of any physician, approved by ||g'g"^5j^- . 2
6 the board, that their disability is not such as to prevent the efficient per- R l' i9. 1 21.
7 formance of the duties of the position to which they are eligible and 1919! im, § 2.
8 who shall present proof satisfactory to the commissioner that such dis- usliass! 587.
9 ability was received in line of duty in the military or naval service of llg."^*^' ^*'
10 the United States in time of war or insurrection and is a continuing dis- H^ ^^- ll°-
1 1 ability shall be placed ahead of all other veterans on such eligible lists |m Mass. 286.
12 in the order of their respective standing. In addition to the aforesaid iOp.A.G.243.
13 certificate, in order to be entitled to the preference provided for dis-
14 abled veterans by this section, a veteran shall present an honorable dis-
15 charge or an equivalent release from active duty in the military or naval
16 service of the United States and shall present proof that he is at the
17 time of application for appointment disabled and also proof, by means
248
CIVIL SERVICE.
[Chap. 31.
Veterans in
labor serv-ice.
1S96, 517, § 6.
R. L. 19, § 24.
1919, 150, § 3.
166 Mass. 14,
589.
170 Mass. 5S.
192 Mass. 299.
193 Mass. .537.
195 Mass. 370.
259 Mass. 286.
Provisional
appointment
of veteran in
absence of
eligible list.
1919, 150, § 4.
259 Mass. 2S6.
of the records of the adjutant-general of the army of the United States 18
or of the navy department or marine corps or by means of a certificate 19
of the receipt at that time of a pension or compensation from the United 20
States, that such disability was incurred in the line of duty in such service 21
in time of war or insurrection, or in absence of proof as aforesaid shall 22
present a certificate from a physician, approved by the board, that he is 2.3
substantially handicapped for industrial life through injury or illness 24
and shall present proof, satisfactory to the commissioner that such 25
handicap was received in line of duty in the military or naval service 26
of the United States in time of war or insurrection and is a continuing 27
disability. Upon receipt of a requisition not especially calling for 28
women, "names shall be certified from such lists according to the method 29
of certification prescribed by the civil service rules applying to civilians. 30
A disabled veteran shall be appointed and employed in preference to 31
all other persons, including veterans. • 32
Section 24. A veteran who registers for employment in the labor 1
service of the commonwealth and of the cities and towns thereof, if found 2
qualified, shall be placed on the eligible list for the class for which he 3
registers ahead of all other applicants. The names of eligible veterans 4
shall- be certified for labor service in preference to other persons eligible 5
according to the method of certification prescribed by the civil service 6
rules applying to civilians. If, however, the appointing officer certifies 7
in the requisition for laborers that the work to be performed requires 8
young and vigorous men, and, on investigation, the commissioner is 9
satisfied that such certificate is true, he may fix a limit of age and certify 10
only those whose age falls within such limit. 11
Section 25. If there is no suitable eligible list from which to certify 1
to fill a requisition, the commissioner shall authorize the appointing 2
officer to make provisional appointment of a veteran, and shall send to 3
the appointing officer the names and addresses of veterans who have 4
filed applications for the kind of work for which requisition is made, and 5
the position shall be filled provisionally by the appointment of a veteran. 6
If, however, the appointing officer cannot find a veteran qualified for 7
the position who will accept, he may with the approval of the commis- 8
sioner, appoint provisionally some other person. This section shall not 9
apply to requisitions calling for women. 10
Section 26. [Repealed, 1925, 220, § 1.]
Reinstatement
after military
or naval
service.
1898, 454.
II. L. 19, § 25.
1918, 160, § 1.
1919, 14, § 1.
1920, 219, § 1.
1931, 426, § 53.
248 Mass. 539.
239 Mass. 286.
Section 27. Any person vvho resigns from or leaves the classified 1
public service of the commonwealth or of any city or town therein or 2
who is discharged, suspended or granted a leave of absence therefrom, 3
for the purpose of serving in the military or naval service of the United 4
States in time of war, and who so serves, shall, if he so requests of the 5
appointing authority within two years after his honorable discharge ()
from such military or na\al service, or release from active duty therein, 7
and if also, within said time, he files with the division the certificate of 8
a registered physician that he is not physically disabled or incapaci- 9
tated for the position, be reappointed or re-employed, without civil 10
service application or examination, in his former position, provided that 11
the incumbent thereof, if any, is a temporary appointee; or, if his former 12
Chap. 31.] civil service. 249
13 position has been filled by a permanent appointment, he shall be em-
14 ployed in a similar position in the same department, if a vacancy exists
15 therein. All appointments made to fill vacancies caused by the mili-
16 tary or naval service of the former incumbent shall be temporary only.
1 Section 28. A person whose name is on anv eligible list or register Restoration of
„ .'^ . ,, , . , . , , • I • , 1 • e names to eli-
2 of the division at the time ot his entering the military or naval service ot siwe list after
3 the United States in time of war shall be suspended from such eligible ln'i8,''i60.T2.
4 list or register; but upon his request, made at any time within two years {IH-^ 219,^^2.
5 after his honorable discharge from such service, or release from active 259 Mass. 28a.
6 duty therein, his name shall be restored thereto for the remainder of
7 his period of eligibility, provided that he files with the division the
8 certificate of a registered physician that he is not physically disabled or
9 incapacitated for the position.
GENERAL POWERS.
1 Section 29. Records of the proceedings of the board and of the Records and
2 commissioner, all recommendations of applicants and all applications iss-i, 320. § 23.
3 and examination papers, shall be kept on file. Said records and files {902, sos-^^
4 shall be open to public inspection under rules approved by the governor ^^^^' ''•
5 and council. No applications, recommendations or examination papers
6 need be preser\ed for a longer period than three years.
1 Section 30. The commissioner shall recommend to the general ^^™3''°''^-
2 court appropriate legislation for the administration and improvement ^gJ^fgagP"/^^'
3 of the civil service, and shall make an annual report containing any rules k^^l'. iV§ 5.
4 adopted under this chapter. isis, e.
1 Section 31. The officer or board having power in any city to appoint ^^'•J°^®''«"
2 or employ persons in any department thereof to which this chapter reports, etc.
3 and the rules thereunder apply shall, within seven days after the receipt iwty™^" '
4 of a written request therefor made by the commissioner, make and file 1922, si!"'
5 with the commissioner and with the auditor or officers whose duty it is
6 to audit the accounts of such appointing or employing officer or board,
7 a report containing the names of all persons who have been appointed
8 or employed by such appointing or employing officer or board or who
9 have received pay or rendered bills for services or labor rendered or
10 performed during the calendar month next preceding the date of the
11 filing of such request. Said reports shall be made on oath and shall
12 contain the following information: First, name of person appointed or
13 employed, or rendering bill for services or labor; second, nature and
14 brief description of the services or labor which such person has actually
15 rendered or performed during said month; third, title of the office or
16 emplo^Tnent of such person as stated in the pay rolls of the department;
17 fourth, the regular salary or wages of the appointee or employee; fifth,
18 all other payments of any kind made to the appointee or employee
19 during said month; provided, that such appointing or employing oflficer
20 or board shall not be required to file in any month more than one such
21 report with the commissioner and one with the auditor or auditing
22 officers. The reports in the office of the auditor or auditing oflScers shall
23 be open to public inspection.
24 The supreme judicial court by mandamus or other appropriate rem-
25 edy in law or in equity, upon suit or petition of the commissioner, may
250
CIVIL SERVICE.
[Chap. 31.
compel any such appointing or employing officer or board in any city 26
to comply with this section. 27
Every appointing or employing officer, or in the case of a board every 28
member thereof, who wilfully refuses to comply with this section shall 29
be punished by a fine of not less than twenty-five nor more than one 30
hundred dollars. 31
Summoning
witnesses, etc.
1891, 140.
R. L. 19, § 3.
Section 32. In any investigation or inquiry the commissioner, or 1
an associate commissioner, may summon witnesses, administer oaths, 2
and take testimony. Fees for such witnesses shall be the same as for 3
witnesses before the superior court and shall be paid from the appropri- 4
ation for incidental expenses. 5
Commissioner
may investi-
gate classified
serWce as to
efficiency, etc.
1916, 297, § 3.
May investi-
gate classified
service as to
duties, com-
pensation, etc.
1916, 297, § 3.
Exemption of
policemen and
firemen.
INVESTIGATIONS.
Section 33. On request of any appointing power in respect to 1
officers or employees by it appointed, the commissioner shall, and the 2
commissioner may at any time without such request, inquire into the 3
efficiency and conduct of any officers or employees in the classified civil 4
service, and may recommend to the appointing power the removal of any 5
such officers or employees, or make other appropriate recommendations. 6
Section 34. The commissioner may investigate in whole or in part 1
the classified civil service, and the work, duties and compensation of 2
the officers and employees therein, and the number employed, and the 3
grades, titles, ratings and methods of promotion established, and may 4
report thereon to the governor, or to the general court. 5
Section 35. The two preceding sections shall not apply to police- 1
men or firemen. 2
1916, 297, § 6.
miscellaneous provisions.
Provisional
appointment
of alien to
terminate, etc.
1914, 600, § 3.
223 Mass. 109.
Section 36. If an appointing officer, before a list of eligible ap-
pointees is established, appoints under provisional authority from the
commissioner a person not a citizen of the United States, he shall dis-
charge such person, and appoint another from the list when it is estab-
lished.
Enforcement
of dismissal
of alien.
1914, 600, 5 4.
223 Mass. 109.
Section 37. On complaint by any citizen of the commonwealth of the 1
employment of a non-citizen when there is a list of eligibles existing, the 2
commissioner shall take steps to enforce the dismissal of such non-citizen 3
and the appointment in his place of a person from the eligible list. 4
Enforcement
of law and
rules.
1901, 512.
R. L. 19, § 34.
1910, 359.
Section 38. If, in the opinion of the commissioner, a person is ap- 1
pointed or employed in the classified public service in violation of any 2
provision of this chapter or any rule of the board, the commissioner shall, 3
after written notice mailed to the appointing or employing officers, and 4
to such person, notify in writing the treasurer, auditor or other officer 5
whose duty it is to pay the salary or compensation of such person, or to 6
authorize the drawing, signing or issuing of the warrant therefor; and 7
the payment of any salary or comjjensation to such jierson shall cease 8
at the expiration of one week after the mailing of the notice to such treas- 9
urer, auditor or other officer, and no such officer shall pay any salary 10
Chap. 31.] civil service. 251
11 or compensation to such person, or draw, sign or issue, or authorize the
12 drawing, signing or issuing of any warrant therefor, until the legality
13 of such appointment or employment is duly established.
1 Section 39. Any person found by the commissioner to be illegally Remedy by
2 appointed or employed may file a petition for a writ of mandamus in the "necr"l"Iry°
3 supreme judicial or superior court to compel the commissioner to author- 1901, 512.
4 ize such appointment or employment, and the pajTiient of compensation fgig- gfg^ ^''■
5 or salary therefor. At any time after the petition is filed the court, if of 229 Mass. 147.
6 opinion that there is reasonable doubt whether the appointment or em-
7 ployment of such person is in violation of the civil service law or rules,
8 may order that the compensation accruing to such person for ser\ices
9 actually rendered shall be paid to him until otherwise ordered by said
10 court.
1 Section 40. If an appointing officer or board in applying for the cer- Commissioner
2 tification of persons eligible for appointment as foreman or inspector laborer or
3 expresses a preference for persons having had experience in his depart- fSreman"^
4 ment, the commissioner shall so far as practicable include among those 243^3^3! 193.
5 certified the name of at least one person for each vacancy who is serving
6 as a laborer or mechanic in such department.
1 Section 41. Persons employed by the commonwealth, or by any Qualifications
2 county, city or town, as inspectors of masonry construction, shall have °i mamm°"
3 had at least three years' practical experience in masonry construction, '^"' ^*°-
4 but shall not be required to have technical knowledge as engineers, archi-
5 tects or draftsmen, unless they have other duties for which such knowledge
6 is necessary. This section shall apply only to persons whose principal
7 duty is the inspection of masonry construction, consisting of stone, brick
8 or substitutes therefor.
1 Section 42. Appointments of treasurers and stewards in the insti- Appointment
PI 11111 1 IP ...of treasurers
2 tutional service of the commonwealth shall not be made from a civil and stewards
3 service list established by examination. Whenever a vacancy occurs institutions.
4 in the office of treasurer or steward at any institution of the common- ^^'*' ^^^'
5 wealth, the appointing authority shall certify to the commissioner the
6 name of a person believed to be competent by reason of training and
7 experience to fill the vacancy, and shall give the commissioner such
8 information concerning the proposed appointee as he may require. The
9 commissioner shall immediately make a careful incjuiry into the quali-
10 fications of the proposed appointee under such rules as the board may,
11 with the approval of the governor and council, establish; and if he is
12 satisfied that the appointee is a competent person, with the requisite
13 qualifications, he shall notify the appointing authority that the appoint-
14 ment is approved, and upon receipt of such notice the appointment shall
15 take effect, subject to the provisions of law relating to the filing of bonds
IG by the treasurers of institutions. If the commissioner does not, within
17 thirty days after the appointee is certified to him, notify the appointing
18 authority of his approval, the appointment shall be void.
1 Section 42A. Every police officer holding an office classified under certain poUce
2 the civil service rules, in any city except Boston or in any town, whether toJn3Vn"d
3 for a definite or stated term or otherwise, shall hold such office con- golftonr""*
4 tinuously during good behavior and shall not be removed nor, except as offi^e.'rem'vai,
etc.
252
CIVIL SERVICE.
[Chap. 31.
1923, 242, § 1.
1925, 220, § 2.
253 Mass. 193.
271 Maas. 448.
Otherwise provided herein, be suspended or, without his consent, be
transferred from such office, nor shall he be lowered in rank or compen-
sation, nor shall his office be abolished, except after a full hearing of
which he shall have at least seventy-two hours' written notice, with a
statement of the reasons for the contemplated removal, suspension,
transfer, lowering in rank or compensation, or abolition of office, and
except upon a written order stating fully and specifically the causes
therefor made after a hearing as aforesaid and signed by the board or
officer before whom the hearing is held. Such a police officer may,
however, be temporarily suspended without such notice when necessary
as a matter of police discipline, but only for just cause and for reasons
specifically given him in writing within twenty-four hours after such
suspension. If within three days thereafter the police officer so sus-
pended shall so request in writing he shall be given a public hearing in
not less than three nor more than fourteen days after the filing of the
request. Any hearing under this section shall, if the police officer so
requests in writing, be public and shall be held before the officer or board
ha\ing power of appointment and removal. Any such hearing may be
continued from time to time, if said board or officer and the police
officer concerned agree thereto. At any such hearing charges shall be
made by the officer in command of the department or of the district
where the police officer is on duty or by any person designated by the
official in command of the department, and the police officer concerned
shall be allowed to answer the charges preferred against him, either
personally or by counsel. Said police officer shall be notified in writing,
within three days after the hearing, of the decision at such hearing.
A copy of the reasons, notice and answers and of the order of removal,
suspension, transfer, lowering in rank or compensation, or abolition of
office shall be made a matter of public record.
5
6
7
8
9
10
11
12
13
14
1&
16
17
IS
19
20
21
22
23
24
25
2G
27
28
29
30
31
32
33
Judicial re\'iew
of removal,
etc., of such
ofiicers-
1923, 242. 5 1.
262 Mass. 393,
477.
271 Mass. 448.
Section 42B. Within thirty days after a hearing provided for by the 1
preceding section, the police officer who was removed, suspended, 2
transferred, or lowered in rank or compensation, or whose office was 3
abolished, may bring a petition in the district court of the judicial dis- 4
trict where such police officer resides, addressed to the justice of the 5
court, praying that the action of the officer or board in removing, sus- 6
pending or transferring him, or lowering him in rank or compensation, 7
or abolishing his office, may be reviewed by the court, and after such 8
notice to such officer or board as the court deems necessary, it shall 9
review such action, hear any or all of the witnesses and determine 10
whether or not upon all the evidence such action was justified. If the 11
court finds that such action was justified, the decision at the hearing 12
shall be affirmed; otherwise it shall be reversed and the petitioner shall 13
be reinstated in his office without loss of compensation. The decision 14
of the court shall be final and conclusive upon the parties. 15
Removal, sus-
pension, reduc-
tion in Krade,
or transfer
of certain
other persons
in classified
pulilic service.
1904, 314.
1905, 243, § 1.
1918, 247,
85 1.4.
187 Moss. 323.
Section 43. Except as otherwise provided in this chapter, every per-
son holding office or employment in the classified public service of the
commonwealth, or of any county, city or town thereof, shall hold such
office or employment and shall not be remo\-ed therefrom, lowered in
rank or compensation or suspended, or without his consent transferred
from such office or employment to any other, except for just cause, and
for reasons specifically given him in writing within twenty-four hours
1
2
3
4
5
6
7
ClL\P. 31.] CIVIL SERVICE. 253
8 after such removal, suspension, transfer or lowering in rank or compensa- i9o Mass. sm.
9 tion. ioiMiJiob
10 If within three days thereafter, the person sought to be removed, sus- 202 MaS; 352!
11 pended, lowered or transferred shall so request in writing, he shall be ilMaasJf'
12 given a public hearing in not less than three nor more than fourteen l^lj Mass. 478.
13 days after the filing of the request, by the officer or board whose action 227 Mass. 116.
14 affected him as aforesaid, and he shall be allowed to answer the charges ||!^^^^ ^^^
15 preferred against him, either personally or by counsel, and shall be 234 Mass! 491;
IG notified, in writing within three days after the hearing, of the decision 244 ulfs. in.
17 of sucli officer or board. In default of such hearing, said person shall HI MaSl Is'a.
18 forthwith be reinstated. A copy of said reasons, notice, answer and |5| H^^ l^-
19 decision shall be made a matter of public record in the department. s^o. 597.
257 Mass. 471, 545. 264 Mass. 158, 178. 269 Mass. .345. 445.
258 Mass. 444. 265 Mass. 338. 270 Mass. 179.
260 Mass. 529. 266 Mass. 513. 2 Op. A. G. 322.
261 Mass. 351.
1 Section 44. [Repealed, 1923, 242, § 2.]
1 Section 45. Within thirty days after the hearing provided for in ;Jf*^r'fJi|:f™"
2 section forty-three or after action under section forty-six, the person removal, etc.
3 so removed, transferred or lowered in rank or compensation, or sus- i9i5! 25l
4 pended, or whose office or position is abolished, except members of the igig'. 247;
5 police department of Boston, the police of the metropolitan district fj:*'^^'''
6 commission anrl the state police, may bring a petition in the district f^f'^^^^^^'
7 court of the judicial district where such person resides, addressed to the |§ wz 123;
8 justice of the court, praying that the action of the officer or board may be 'was. 220. § 3.
9 reviewed by the court, and after such notice to such officer or board as 493.
10 the court deems necessary, it shall review such action, hear the witnesses. Ml mITs. i5o.
11 and shall affirm the decision of the officer or board unless it shall appear |p ^^^3; ^,6
12 that it was made without proper cause or in bad faith, in which case said 228 Mass. 12^
13 decision shall be reversed and the petitioner be reinstated in his office 242 Mass. 5S7.
14 without loss of compensation. The decision of the court shall be final 249 Mass.' 455:
15 and conclusive upon the parties.
253 Mass. 193, 400, 416, 590. 258 Mass. 444. 265 Mass. 338.
257 Mass. 545. 260 Mass. 529. 269 Mass. 345, 445.
1 Section 46. An officer or employee of the state prison, of the re- Removal, etc..
2 formatory for women, of the prison camp and hospital, or of the ]\Iassa- prison officials.
3 chusetts reformatory, sought to be removed, suspended, lowered in rank I919; Sso,' §83.
4 or compensation, or transferred, shall be notified of the proposed action, '^^^' ^^°' ^ *■
5 and shall be furnished a copy of the reasons therefor as required by sec-
6 tion forty-three, and shall, if he so requests in writing, be given a hearing
7 before the commissioner of correction, and be allowed to answer any
8 charges preferred against him, either personally or by counsel. Said
9 commissioner, after hearing the officer preferring the charges, and the
10 officer or employee in question, together with such witnesses as either
11 of the parties may produce, shall determine whether or not the reasons
12 for such proposed removal, suspension, lowering in rank or compensation,
13 or transfer, are just and sufficient, and shall certify his finding to the
14 head of the institution in which such officer or employee is employed,
15 who shall, if the reasons given have been sustained by the finding, forth-
16 with remove from office or employment, suspend, lower in rank or com-
17 pensation, or transfer the officer or employee in question, subject to the
18 right of judicial review provided by the preceding section. If said
19 commissioner finds that such reasons are not just and sufficient, the head
254
CIVIL SERVICE.
[Chap. 31.
Petition for
writ of
mandamus for
reinstatement
of certain
persons.
1930, 243.
of the institution in which the officer or employee is employed shall 20
continue him in service or, if he has temporarily been suspended, shall 21
forthwith restore him to duty or to his original rank or compensation, 22
as the case may be. A copy of the reasons, notice, answer, finding, and 2.3
order of removal, suspension, lowering in rank or compensation, or 24
transfer, shall, in each case, be filed in the office of the division and made 25
a matter of public record. 26
Section 46A. The supreme judicial court shall have jurisdiction of
any petition for a writ of mandamus for the reinstatement of any person
alleged to have been illegally removed from his office or emploj-ment
under this chapter; provided, that such petition shall be filed in said
court within six months next following such allegedly illegal removal,
unless said court for cause shown extends the time.
1
2
3
4
5
6
Notice to
certain per-
sons separated
from service.
1931, 360.
Section 46B. Upon receipt of notice from an appointing officer or 1
of other information that a person in the classified civil service has be- 2
come separated therefrom through no fault or delinquency of his own, 3
the commissioner shall forthwith give notice of the fact of such separation 4
to such person by registered mail and shall set forth in said notice the 5
manner, means and methods whereby such person may be reinstated 6
in such service or his civil service status and rights preserved. 7
Application
of chapter.
189-t. 267.
1896, 449.
R, L. 19. § 36.
1902, 544, 5 3.
201 Mass. .506.
251 Mass. 71.
APPLICATION OF L-^W TO CITIES AND TOWNS.
Section 47. This chapter shall continue in force in all the cities of 1
the commonwealth and in all towns of more than twelve thousand 2
inhabitants which have accepted corresponding provisions of earlier laws, 3
and shall be in force in all such towns which hereafter accept it by vote 4
at a town meeting. The provisions of this chapter and the rules estab- 5
lished under it relative to employment of laborers designated as the 6
"labor service" shall not be in force in any city of less than one hundred 7
thousand inhabitants, which has not heretofore accepted the correspond- 8
ing provisions of earlier laws, until said provisions are accepted by the 9
city council. 10
Application to
police, etc., of
certain towns.
1901, 78.
R. L. 19, § 37.
253 Mass. 400.
Application to
ciiiefs of
police, etc.,
of certain
cities and
towns.
1911, 468.
Section 48. A town which has not accepted this chapter or the 1
corresponding provisions of earlier laws may accept this section as to 2
its regular or permanent police and fire forces, or as to either of them. 3
Acceptance as to the fire force shall include regular members, and may 4
include call members, and a town which has accepted this section or 5
the corresponding provisions of earlier laws as to regular firemen may 6
afterward accept it as to call firemen. In a town which accepts this 7
section by vote of the town at a town meeting, or has accepted corre- 8
sponding provisions of earlier laws, as to any or all of said forces, the 9
members of the forces to which the acceptance relates shall be subject to 10
this chapter and the rules made hereunder, and shall hold office until their 11
death, resignation or removal; but members in office at the time of such 12
acceptance shall continue in office without examination or reappointment. 13
Section 49. This chapter and the rules made hereunder shall apply 1
to superintendents, chiefs of police and chief marshals in cities which 2
have accepted chapter four hundred and sixty-eight of the acts of nine- 3
teen hundred and eleven in the manner therein provided, and in towns 4
Chaps. 31, 32.] civil service, retirement systems, etc.
255
5 which have a police force subject to this chapter, and which have ac- l\l^}^^^^- ^''^■
6 cented said chapter four hundred and sixty-eight, or accept this section, 22b Mass.' 147.
_ , ^ ' , , . . 253 Mass. 400.
7 by vote at an annual town meeting.
1 Section 50. Nothing in this chapter shall repeal, amend or affect f^^.'^'^^^
2 any special provision of law relative to any city or town, or extend to affected.
3 any city or town any provision of law to which it is not now subject.
GENERAL PENALTY.
Section 51. Whoever makes an appointment or employs any person General
in violation of any provision of this chapter, or the rules made there- i884,'32o, § 24.
under, or whoever refuses or neglects to comply with any of such provi- HH] 111] \ f;
sions or rules, shall be punished by a fine of not less than one hundred fg^\ Hh^^t
nor more than one thousand dollars, unless some other penalty is specifi- i^is- 257. 5 94.
G cally provided.
1919, 5. 1920, 2. 192 Mass. 299.
CHAPTER 32.
RETIREMENT SYSTEMS AND PENSIONS.
Sect.
4.
5.
STATE RETIREMENT SYSTEM.
Definitions.
State retirement association.
Certain duties of the board of retire-
ment.
Funds of retirement system.
Administration of funds.
RETIREMENT SYSTEM FOR TEACHERS.
6. Definitions.
Teachers' retirement association.
Certain duties of the retirement
board.
Funds of retirement system.
Retiring allowances.
Same subject.
Duties of school committees.
Trustees of certain scliools.
Treasurers of cities and towns, duties.
Membership in other retirement asso-
ciations.
Reimbursement of cities and towns.
Referendum and repeal.
Certain sections not applicable to
Boston.
Persons employed in the public
schools and also by the common-
wealth.
7.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
COUNTY RETIREMENT SY'STEMS.
20. Definitions.
21. Establishment of retirement system.
22. The retirement association.
23. The board of retirement.
Sect.
24. Funds, how raised.
25. Administration of funds.
retirement systems for CITIES AND
TOWNS.
26. Definitions.
27. Establishment of retirement system.
28. The retirement association.
29. The board of retirement.
30. Funds, how raised.
31. Administration of funds.
general provisions.
32. Certificates of membership. Policies.
33. Payments to estates of deceased mem-
bers.
34. Supervision by commissioner of in-
surance.
35. Violations of state or teachers' retire-
ment law or rules.
36. Violations of county or municipal re-
tirement law or rules.
37. Exemption from taxation, attach-
ments and assignments.
38. Jurisdiction of superior court.
private associations for providing
pensions.
39. Association for providing pensions.
40. By-laws and statements.
41. Exemption from taxation, attach-
ments and assignments.
256
STATE RETIREMENT SYSTEM.
[Chap. 32.
Sect.
municipal pensions fob teachers.
42. Municipal pensions for teachers.
43. Same subject.
MUNICIPAL PENSIONS FOR SCHOOL JANITORS.
44. Municipal pensions for school jani-
tors.
45. Same subject.
PENSIONS FOR PRISON EMPLOYEES.
46. Pensions for prison employees.
47. Computation of time of service.
48. Amount of pension.
VETERANS OF THE CIVIL WAR.
49. Veterans in service of commonwealth.
50. Veterans in service of county.
51. Veterans in service of soldiers' home.
52. Veterans in municipal service.
53. Veterans employed jointly by two
towns.
64. Acceptance of two preceding sections.
55. Acceptance subject to mayor's veto.
VETERANS OF SPANISH AND WORLD WARS.
56. Retirement if incapacitated.
57. Same subject.
58. Retirement after thirty years' service.
59. "Retiring authority" defined.
60. Acceptance of four preceding sec-
tions, etc.
ARMY NURSES.
60A. Certain army nurses in public service
to have retirement rights of certain
veterans.
PENSIONS FOR JUSTICES AND COURT OF-
FICERS.
61. Pensions for justices and judges of
supreme and probate courts.
62. Same subject.
63. Pensions for justices and judges of
supreme, superior, pi'obate and
land courts.
64. Justices of municipal court of Boston.
C5. Justices of district courts.
66. Pensions for court officers.
67. Pensions and expenses, how paid.
PENSIONS FOR STATE POLICE.
68. Pensions for state police.
Sect,
pensions for metropolitan police.
69. Pensions for permanent members.
70. Pensions for call officers.
71. Annuities to dependents.
72. Appropriations for pensions, etc.
73. [Repealed.]
74.
PENSIONS FOR SCRUBWOMEN.
Scrubwomen in state house.
PENSIONS FOR PROBATION OFFICERS.
75. Pensions for probation officers.
76. Amount of pension.
PENSIONS FOR LABORERS.
77. Pensions for laborers.
78. Laborers in fire or water districts.
79. Existing pensions.
PENSIONS FOR FIREMEN IN CITIES.
80. Pensions for firemen in cities.
81. Amount of pension.
82. Pensions for call members.
PENSIONS FOR POLICE AND FIREMEN.
83. Pensions for police in cities.
84. Retirement of injured pohce officers in
cities and towns having no pension
systems.
85. Pensions for policemen and firemen in
towns.
85A. Retirement of call members of fire
departments in certain towns.
86. PoHce pensioners accepting other em-
ployment not to draw pension.
87. [Repealed.]
S7.\. [Repealed.]
88. Payments to dependents of certain
persons killed, etc., while aiding
police officers, etc.
89. Annuities to dependents of policemen
or firemen killed, etc., in perform-
ance of duty.
90. Aged police officers not subject to
certain laws.
91.
92.
93.
MISCELLANEOUS PROVISIONS.
Pensioners not to be paid for services.
No interest in a pension, etc., to be
pledged, etc. Expense of support-
ing persons receiving such pensions,
etc., upon becoming public charges
to be deducted therefrom.
Certain pensions not affected.
Definitions.
1911, 5:i2, § 1.
1912, 30.3, 5 1.
1914, 5158.
1915, IBS, § 1.
1919, 94; 350.
(64.
STATE RETIREMENT SYSTEM.
Section 1. In sections one to five, inclusive, unless the context
otherwise requires, the following words shall have the following meanings:
"Annuities", the payments for life ileriveil from contributions of mem-
bers;
Chap. 32.] st.\te retirement system. 257
5 "Association", the retirement association provided by section two; iszo, 535.
6 "Board", the board of retirement specified in section three; 487, '§7."
7 "Employees", persons permanently and regularly employed in the igai] 378! 5 1
8 direct service of the commonwealth or in the service of the metropolitan 3 0p a.G.460.
9 district commission, whose sole or principal employment is in such
10 service;
11 "Pensions", the payments for life, derived from money contributed by
12 the commonwealth;
13 "Regular interest ", interest at three per cent per annum, compounded
14 semi-annually on the last days of December and June, and reckoned for
15 full three and six months' periods only;
16 "Retirement system " or " system ", the arrangements provided for the
17 payment of annuities and pensions;
18 "Salary or wages", cash received for regular services together with
19 such aIlo\\ance for other compensation not paid in cash as may be herein-
20 after provided ;
21 The words "continuous service" shall mean uninterrupted employ-
22 ment, but a lay-off on account of illness or reduction of force, and a leave
23 of absence, suspension or dismissal, followed by reinstatement within two
24 years or a period of absence as specified in paragraph G of section five
25 shall not be considered as breaking the continuity of service; provided,
26 that in the case of employees engaged in the military or naval service of
27 the United States or of nations associated with the United States in the
28 world war such reinstatement may occur at any time within two years
29 after discharge from such service or release from active duty therein.
30 As to appointees of the sergeant-at-arms the interval between sessions of
31 the general court shall not be considered as breaking the continuity of
32 service. Engineers and inspectors in the intermittent service of the
33 commonwealth shall not lose the benefit of continuity of service in the
34 intervals between employments, and for the purpose of computation,
35 cumulative credit shall be given them for all periods of employment in the
36 service of the commonwealth as shown by the records of the division of
37 civil service.
38 In the case of employees of any department or institution formerly ad-
39 ministered by a city, county or corporation, and later taken over by the
40 commonwealth, service rendered prior to such transfer shall be counted as
41a part of a continuous service.
42 In the case of employees who before entering the service of the common-
43 wealth had been regularly employed as teachers in public schools, as
44 defined by section six, all periods of such emplojinent rendered prior to
45 July first, nineteen hundred and fourteen, shall be counted as a part of a
46 continuous service; provided, that this paragraph shall not apply to
47 employees entering the service of the commonwealth after July first,
48 nineteen hundred and fourteen, who are not members of the teachers'
49 retirement association mentioned in section seven.
50 Any member of the association who shall have withdrawn from the
51 service of the commonwealth or metropolitan district after June first,
52 nineteen hundred and twelve, on being re-employed in such service within
53 two years, may be reinstated in said association in accordance with such
54 rules for reinstatement as the board shall adopt, and when so reinstated
55 the period of such withdrawal shall not operate to break the continuity of
56 service, but shall not be counted as service. All periods of active service
57 for the commonwealth or metropolitan district rendered prior to June
58 first, nineteen hundred and twelve, by members of the association shall
258 STATE RETIREMENT SYSTEM. [ChAP. 32.
be a part of their continuous service, and for the purpose of computing 59
the accumulation for the pension for such service, regular interest as 60
defined in this section shall be allowed for all periods that are to be 61
counted as service. 62
stateretire- SECTION 2. There shall be a retirement association for the employees 1
mi 532 § 3 of the commonwealth, includmg employees in the service ot the metro- 2
1912! 383! §2. politan district commission, organized as follows: 3
1916; 54,' (1) All persons who are now members of the state retirement associ- 4
1918. 257, ation established on January first, nineteen hundred and twelve, shall be 5
§Hoi, 102, menibers thereof. Any employee who entered the service before said 6
i92o; 2: 304; January first, who has not become a member of the association, may be- 7
1921 Cl' Vi- f"""*^ attaining the age of seventy, upon written application to the board, 8
486, '§4;' ' become a member of the association by paying in one sum an amount 9
1924, 264. ' ■ equal to the total assessments which he would have paid, together with 10
iliiim the interest which would have been credited to his account, if he had 11
Op^'a^'g contributed assessments on a five per cent basis from June first, nineteen 12
0918)55. hundred and twelve. 13
Or, such an employee may make application for membership and 14
accumulate in the annuity fund in instalments, in accordance with such 15
rules as the board shall adopt, the amount due to join the association, 16
he being enrolled a member of the association when the total amount 17
due on account of back assessments and interest has been accumulated 18
in the annuity fund; provided, that all instalments must be paid before 19
said employee is sixty years of age. Until the full amount required for 20
membership has been accumulated, said employee may at any time dis- 21
continue payments and withdraw his total contributions with interest 22
thereon. 23
(2) All persons who are members of the teachers' retirement associa- 24
tion at the time of entering the service of the commonwealth, and persons 25
who were or are in the employment of a department or institution for- 26
merly administered by a city, county or corporation when taken over 27
by the commonwealth shall become members of the association, irrespec- 28
tive of age, but no such person shall remain in the service of the com- 29
monwealth after reaching the age of seventy. Except as provided in 30
paragraph (3) all other persons who enter the service of the common- 31
wealth hereafter shall, upon completing ninety days of service, become 32
thereby members of the association, except that such persons over fifty- 33
five shall not be allowed to become members of the association, and no 34
such person shall remain in the service of the commonwealth after reach- 35
ing the age of seventy. 36
^p^ AG- (1920) (3) ]\;o officer elected by popular vote shall be a member of the as- 37
sociation, nor any employee who is or will be entitled to a non-contribu- 38
tory pension from the commonwealth; but if such employee lea\es a 39
position for which such a pension is provided, before becoming entitled 40
thereto, and takes a position to which this section applies, he shall 41
thereupon become a memt)er of the association. An official under fifty- 42
five years of age when appointed or reappointed by the governor for a 43
fixed term of years, may, if his sole employment is in the service of the 44
commonwealth, become a member of the association by making written 45
ajiplication for membership within one year from the date of his original 46
ai>pointmcnt or subsecpient reappointment to the same office. An 47
official who is a member of the association shall not receive credit 48
Chap. 32.] state retirement system. 259
49 for any period of service which he may have rendered as an official from
50 June first, nineteen hundred and twelve, to the date of his appointment
51 or reappointment which immediately preceded his membership in the
52 association.
53 (4) Any member who reaches the age of sixty and has been in the 4^0p. a. g.
54 continuous service of the commonwealth for a period of fifteen years op"" a. g.
55 immediately preceding may retire or be retired by the board upon
56 recommendation of the head of the department in which he is employed,
57 or, in case of members appointed by the governor, upon recommendation
5S of the governor and council, and any member who reaches the age of
59 seventy must so retire. Any member who is a teacher or principal in
60 a state school or college where classes are graded or conducted by a
61 school year or term, or who is an instructor of the blind, on attaining
62 the age of seventy, shall he retired from the ser\ice at the end of the
63 school year or term in which said age is attained, but any such member
64 attaining that age in July, August or September shall then be retired.
65 (5) Any member who has completed a period of thirty-five years of
66 continuous service may retire, or may be retired at any age by the
67 board upon recommendation of the head of the department in which
68 he is employed, if such action be deemed advisable for the good of the
69 service.
70 (6) Employees who are paid partly by the commonwealth and partly
71 by a county having a retirement system shall be enrolled as members of
72 the association. Such employees shall be assessed on their full wages or
73 salaries, and the assessments on the part of such wages or salaries paid
74 by the county shall be deducted by the county treasurer and turned
75 over by him to the fund of the association. When any such employee
76 is retired under this paragraph, the state treasurer shall be reimbursed
77 out of the county treasury for a part of the pension pa\Tnents to such
78 employee equivalent to the amount of the annuity payable on the
79 assessments on that part of his wages or salary paid by the county which
80 was deducted and turned over to the fund of the association in the
81 manner hereinbefore provided.
82 (7) All persons except teachers employed in the training schools
83 maintained and controlled by the department of education in buildings
84 owned by the commonwealth shall be considered employees of the
85 commonwealth.
86 (8) Retirement of a member for ordinary disability shall be made
87 by the board on the written application of the head of the department
88 in which the member is employed or of the member, or of a person act-
89 ing in his behalf if he is incapable of acting, filed with the board not
90 later than two years after the date of the member's last salary pay-
91 ment, if it appears to the board that said member has not attained age
92 sixty, that he has had fifteen or more years of continuous service im-
93 mediately preceding the application, that he is permanently physically
94 or mentally incapacitated for the performance of duty as shown by a
95 written report of a physician selected by him and that such incapacity
96 did not result from his own vicious habits, intemperance or wilful mis-
97 conduct. The retirement allowance of a member retired under this
98 paragraph shall be computed at his age nearest birthday under para-
99 graphs (2) B and (2) C of section five, subject, however, to the provisions
100 of paragraph (2) E of said section, and shall be payable not earlier than
101 the date of receipt by the board of such application.
260 STATE RETIREMENT SYSTEM. [ChAP. 32.
(9) Any member who is found by the board, after examination by 102
one or more physicians selected by the board, to have been permanently 103
incapacitated, mentally or physically, by injuries sustained through no 104
fault of his own while in the actual performance of his duty, from the 105
further performance of such duty, may be retired, irrespective of age 100
and of his period of service, and shall receive yearly payments as follows: 107
(a) an annuity at his age nearest birthday, as provided by section five 108
{2) B; (b) such a pension from the commonwealth that the sum of the 109
annuity under section five {£) B (a) and the pension shall equal one 110
half the annual salary received by him at the time when the injury 111
was received. Except as otherwise provided, a person retired under this 112
paragraph shall not receive from the commonwealth any other sum by 113
way of annuity, pension or compensation. In case of emergency, a 114
retired officer or inspector of the department of public safety or a retired 115
permanent member of the metropolitan district police may be called 116
upon by the proper authority for such temporary active duty as such 117
officer or inspector is able to perform, and there shall be paid to him 118
for such service the difference between the rate of full pay and the rate 119
of pension received by him. Application for disability retirement here- 120
under shall be made in writing within two years after the date of the 121
applicant's last salary payment, and pension and annuity payments 122
granted under this paragraph shall be payable only from the date of 123
receipt by the board of such application. The board may require re- 124
examinations from time to time of any member of the association pen- 125
sioned under this paragraph or under paragraph (8), and if the disability 12(5
or incapacity is found no longer to exist the pension shall cease and there 127
shall be refunded to such member such sum, if any, as the board finds 128
then remaining to his credit in the annuity fund. 129
(10) If any member is found by the board to have died from injuries 130
received while in the discharge of his duty, and leaves a widow, or if no 131
widow any child or chiklren under the age of sixteen, a pension equal to 132
the retirement allowance to which such member would have been en- 133
titled under paragraph (9) had he been permanently incapacitated shall 134
be paid to such widow so long as she remains unmarried, or for the 135
benefit of such child or children so long as he or any one of them con- 136
tinues under the age of sixteen. A person receiving a pension under this 137
paragraph shall not receive from the commonwealth any other sum by 138
way of annuity, pension or compensation. 139
(11) The word "injuries", as used in paragraphs (9) and (10) of this 140
section, shall mean any injury which is a natural and proximate result 141
of an accident occurring in the performance and within the scope of 142
duty and without fault of the member. The board may employ special 143
examiners whenever, in its judgment, it is necessary to assist in deter- 144
mining the degree of disability under paragraph (8) or (9) of this section. 145
The fee of each such examiner, not exceeding ten dollars in amount in 146
any one case, shall be paid by the conunonwealth. The decision of the 147
board on the question of disability and retirement under said paragraph 148
(8) or (9) shall be final. Payments under paragraph (10) shall not be 149
made as of a date earlier than that of the receipt by the board of written 150
application therefor, except that payments to a child of a deceased mem- 151
ber shall date from the day as of which payments to his widow shall 152
terminate. 153
Chap. 32.] state retirement system. 261
1 Section 3. (1) The retirement system shall be managed by the Certain duties
2 board of retirement provided in section eighteen of chapter ten. rptiremont.
3 (2) Subject to the approval of the board the state treasurer shall have ink sit § 1.'
4 custody of the funds of the system and any and all unappropriated §®/o3.^^'^'
5 income thereof, and shall invest and reinvest the same when not required 1%^\^Iq^'
6 for current disbursements, in accordance with section thirty-eight of }9|o. j^p
7 chapter twenty-nine. 487. '§?. '
8 (3) The board may make by-laws and regulations consistent with law.
9 (4) It shall determine the percentage of wages or salary that employees
10 shall contribute to the fund, subject to the minimum and maximum
11 percentages, and may classify employees for the purposes of the system
12 and establish different rates of contribution for different classes within
13 the prescribed limits. It shall add to the cash payment for regular serv-
14 ices, in cases where an employee of a state institution receives a non-cash
15 allowance to cover compensation in the form of full or complete boarding
16 and housing in accordance with the practice in such state institution, an
17 amount at the rate of five dollars per week, which amount added to said
18 cash payment shall be the basis upon which annuity contributions shall
19 be made; and the foregoing provision shall also apply in computing pen-
20 sions based upon prior service.
21 (5) The board shall file in the office of the commissioner of insurance,
22 annually on or before the fifteenth day of February, unless for cause shown
23 the commissioner shall extend the time, a sworn statement showing the
24 financial condition of the system on the thirty-first day of the preceding
25 December and its financial transactions for the year ending thereon.
26 The statement shall be in the form, and shall give the details, prescribed
27 by the commissioner. Subject to the same conditions and requirements,
28 the state treasurer shall file a sworn statement showing the financial
29 condition of the system on said day.
1 Section 4. The funds of the retirement system shall be raised as Funds of
2p 1 1 retirement
follows : system.
1911, 532, § 5.
1915, 198, § 2.
(1) Expense and Contingent Fund. Ho-i.^^'^'
1919 5.
3 Such amount as the general court may annually appropriate for the 1920! 2.
4 purpose of defraying the entire expense of administration according to 4S7. 'hb,'?. '
5 estimates prepared by the state treasurer shall constitute an expense and {gig, lee! ^ ^'
6 contingent fund.
(2) Annuity and Pension Fund.
7 A. Deposits by Mevihers. — (a) Except as hereinafter provided, each
8 member shall deposit in this fund from his salary or wages, as often as the
9 same are payable, not less than one nor more than five per cent thereof,
10 as determined by the board under section three (4) ; but members who
11 receive as weekly salary or wages an amount in excess of thirty-five dollars
12 shall not be assessed for contributions to this fund on the excess above
13 thirty-five dollars. Any member receiving on January first, nineteen
14 hundred and thirty, salary or wages at the rate of more than thirty dollars
15 per week shall make deposits based upon the salary or wages received
16 but not on the amount received exceeding the weekly rate of thirty
17 dollars, or, upon written application of such member filed with the board
262 STATE RETIREMENT SYSTEM. [ChAP. 32.
after said date, upon the full salary or wages received but not on the IS
amount received exceeding a weekly rate of thirty-five dollars. The U)
pension for prior service of any member receiving on January first, nine- 20
teen hundred and thirty, salary or wages at the rate of more than thirty 21
dollars per week shall be computed upon the salary or wages received 22
during such service but not on the amount received exceeding the weekly 23
rate of thirty dollars; but, if such member shall pay deposits prior to 24
January first, nineteen hundred and thirty-one, on his salary or wages 25
exceeding a weekly rate of thirty dollars, the pension for prior service 26
shall be computed upon the salary or wages received but not on the 27
amount exceeding the weekly rate of thirty-five dollars. 28
(b) A member who has been in the service of the commonwealth for a 29
continuous period contributing to the annuity fund during the first part 30
thereof at the rate of three per cent and during the remainder thereof at 31
the rate of five per cent may pay in one sum the difference between the 32
amount credited to him in the annuity fund and the amount which would 33
have been so credited to him if all his contributions had been at the rate 34
of five per cent. Or, such a member may accumulate in the annuity fund 35
in regular instalments during a period not exceeding five years from the 36
date of the first instalment the amount due to cover such difference with 37
interest, provided, that all instalments shall be paid before said member 38
is sixty years of age. _ . . "^^
(c) Members of the teachers' retirement association, described in sec- 40
lion seven, who enter the service of the commonwealth shall have the full 41
amount of their contributions, with interest thereon as determined by 42
the teachers' retirement board, transferred by the state treasurer to the 43
retirement fund provided by this section, and these amounts shall thereby 44
become a part of their deposits. 45
B. Contributions of the Commonwealth. — The commonwealth shall 46
contribute as follows: 47
(a) Each month, such amount as the board may determine to be 48
necessary to pay current pensions for subsequent service under section 49
five (2) C (a). 50
(6) Each year, such amount as is necessary to guarantee regular 51
interest and make good any deficiency in the annuity fund as of the pre- 52
ceding thirty-first day of December. 53
(c) Each month, such amount as the board may determine to be neces- 54
sary to pay current pensions for prior service under section five 55
(2) C{b). _ 56
{(}) Each month, such amount as the board may determine to be neces- 57
sary to insure the minimum payments provided for iii section five (~) E, 58
and also the payments provided for in section two (9) (b). 59
(e) Each month, such amount as the board may determine to be 60
necessary to pay current pensions on account of disability, permanent 61
incapacitation or death under paragraph (8), (9) or (10) of section two. 62
(3) Provision for Payments.
All amounts payable by members of the association under paragraph 63
(2) A (a) of this section sliall be deducted by the commonwealth from tlie 64
amounts payable to them as salary or wages as often as the same are 65
pavable, and shall immediately be credited to the retirement fund by the 66
state treasurer. 67
Chap. 32.] state retirement system. 263
1 Section 5. The state treasurer shall administer the funds of the Artminiatration
2 system in accordance witli tlie following plan: hii'j'."m!;, se.
w\2. :ira, 5 4.
linn, ().). § 1;
(/) Expense and Contingent Fund. 1914,^582,
3 The fund provided for by section four (/) shall be used, so far as inii wj. 53.
4 necessary, for the payment of the expenses of administration. Any ibis, 257,'
5 unused portion shall be repaid into the treasury of the commonwealth. i9i9°5~'°^'
6 If the amount appropriated for the expense and contingent fund in any §5"2Hf:'5*39®'
7 year should prove insufficient, the general court shall appropriate in the 487''5'*7''' ^*"
8 following year an additional sum to cover the deficit.
1922.341, §53,4.
1926, 300, § 2.
1930, 33,5, §§ 1-3.
1923,20.5, §5 1.2.
1927, 101.
1931. 378. § 2;
1925,244, §§1,2.
1929, 367.
426, § 139.
{£) Annuity and Pension Funds.
9 A. Refunds. — (a) Should a member of the association enter a posi- Op a. g.
10 tion in the service of the commonwealth not covered by sections one to Op. a. g.'
1 1 five, inclusive, or cease to be an employee of the commonwealth for any
12 cause other than death, or for the purpose of entering the service of the
13 public schools as defined in section six, before becoming entitled to a
14 pension, there shall be refunded to him all the money paid in by him
15 under section four (2) A, with such interest as shall have been earned
16 thereon.
17 (6) Should a member of the association die before becoming entitled
18 to a pension, or should an employee die while in process of accumulat-
19 ing under section two (1) the amount required to become a member,
20 all the money contributed by him under section four (2) A , or said sec-
21 tion two (1), as the case may be, with such interest as shall have been
22 earned thereon, shall be paid to his legal representatives, subject to
23 paragraph (2) F of this section.
24 (c) Should a member of the association resign from the service of the
2.5 commonwealth at any time after he is eligible for retirement, there shall
26 be refunded to him upon written demand all the money contributed by
27 him under section four (2) A, with such interest as shall have been
28 earned thereon. No such refund shall be made unless and until such
29 member waives and releases for himself, his heirs and his legal repre-
30 sentatives and any designated beneficiary any and all claims to any pen-
31 sion or annuity to which he was entitled at the time of resignation, and
32 to which his heirs or legal representatives or any designated beneficiary
33 may thereafter be entitled, by reason of liis membership in the asso-
34 elation; and no further payment shall be made from the treasury of the
35 commonwealth to any person by reason of the age, service, disability
36 or death of said member, unless he shall have been reinstated in the
37 association in the manner provided in section one.
38 B. Annuities from Employees' Deposits. — Any member who reaches
39 the age of sixty and has been in the continuous service of the common-
40 wealth for fifteen years immediately preceding and then or thereafter
41 retires or is retired, any member who retires or is retired at the age of
42 seventy, and any member who is retired for the good of the service under
43 section two (5), shall receive an annuity to which the sum of his deposits
44 under section four {2) A, with such interest as shall have been earned
45 thereon, shall entitle him, according to the tables adopted by the board,
46 in one of the following forms:
264 STATE RETIREMENT SYSTEM. [ChAP. 32.
(a) A life annuity, payable monthly. _ 47
(h) A life annuity of less amount, payable monthly, with the provi- 4S
sion that if the annuitant dies before receiving annuity payments equal 49
to the amount used to purchase the annuity, the difference shall be paid 50
to his legal representatives, subject to paragraph {£) F of this section. 51
C. Pensions derived from Contributions by the Commonwealth. — (a) 52
Pensions based upon subsequent service. Any member entitled to an 53
annuity under paragraph {^) B of this section shall receive in addition 54
thereto a pension for life, payable monthly, equivalent to that annuity 55
to which he would be entitled if his annuity were figured under {2) B (a) 5()
of this section, to be paid out of the fund contributed by the common- 57
wealth under section four (2) B (a). In computing the pension for 58
subsequent service of any member who has left a position in the service 59
of the commonwealth for which a non-contributory pension is provided 60
to take a position subject to sections one to five, inclusive, he shall be 61
credited with regular accumulated contributions to the annuity fund 62
during his period of service in said former position since June first, 63
nineteen hundred and twelve. 64
(/;) Pensions based upon prior service. Any member of the associa- 65
tion who reaches the age of sixty and has been in the continuous service 66
of the commonwealth for fifteen years or more immediately preceding 67
and then or thereafter retires or is retired, any member who completes 68
thirty-five years of continuous service and then or thereafter retires or 69
is retired, and any member retired under section two (8), shall receive, 70
in addition to the annuity and pension provided for by paragraphs 71
(2) B and (2) C (a) of this section, an extra pension for life as large as 72
the amount of the annuity, computed under paragraph (2) B (a) of this 73
section, and the pension, to which he might have acquired a claim if the 74
retirement system had been in operation at the time when he entered 75
the service, and if accordingly he had paid regular contributions from 76
that date to June first, nineteen hundred and twelve at the same rate 77
at which his contributions were first made and if such contributions 78
had been accumulated with regular interest; provided, that a member 79
who pays the full amount provided in paragraph {2) A (6) of section 80
four in either manner provided therein, shall be credited, in computing 81
the pension for service prior to June first, nineteen hundred and twelve, 82
on the basis of contributions at the rate of five per cent. 83
The pension for prior service under (2) C (6) of this section of any 84
person becoming a member of the association under chapter three hun- 85
dred and ten of the acts of nineteen hundred and thirteen or chapter 86
one hundred and sixty-four of the General Acts of nineteen hundred 87
and sixteen shall not be based upon or include any allowance for the 88
time between June first, nineteen hundred and twelve, and the date 89
when such person became a member of the association. 90
If any employee is paid partly by the commonwealth and partly by 91
a county having a retirement system, or has rendered service in the 92
past both for the commonwealth and for such county, all of his con- 93
tinuous service rendered either for the commonwealth or for the county 94
before June first, nineteen hundred and twelve, shall be counted as 95
part of his prior service for the purposes of this section. 9(i
Where members of the association are husband and wife, if one of 97
the two retires or is retired the other may, irrespective of age and service, 98
on the date of such retirement, be retired by the board, and if so retired, 99
shall be paid at the attained age the retiring allowances provided under 100
Chap. 32.] . st.\te retirement system. 265
101 paragraphs (2) B and C of this section; provided, that the minimum
102 allowance provided under (2) E of this section shall not apply to a mem-
103 ber whose retirement allowance is granted under authority of this
104 paragraph.
105 If the total contributions, with accumulated interest, at the time of
106 retirement of any member exceed the amount required to provide an
107 annuity under paragraph {2) B (a) of this section equal to one fourth
lOS of the average annual rate of salary or wages of such employee during
109 the five year period provided for computing the maximum retirement
110 allowance under paragraph E of this section, the excess above such
111 amount shall be paid to such member upon his retirement in a lump
112 sum with the first monthly payment on account of his retirement allow-
113 ance. Whenever the retirement board deems it to be impracticable to
114 determine the exact length of service or amount of salary, pay or com-
115 pensation of a member, said board may estimate the same on a basis
116 determined by it.
117 Any employee not a member of the association who had already
118 reached the age of fifty-five on June first, nineteen hundred and twelve,
119 may be retired at any time, and shall be paid a pension equivalent to
120 the minimum payment hereinafter provided for.
121 (c) Any member entitled to retirement under sections one to five,
122 inclusive, whose continuous employment for the commonwealth began
123 at the time a department or institution formerly administered by a city,
124 county, or corporation was taken over by the commonwealth shall
125 receive at retirement in addition to the pension payable under para-
126 graph (2) C {b) of this section an extra pension for life equal to the
127 annuity he would have purchased under paragraph (2) B (a) of this
128 section by five per cent contributions from the salary paid to him by
129 the department or institution from June first, nineteen hundred and
130 twelve, up to the date of membership in the retirement association if
131 such contributions had been accumulated with regular interest to the
132 date of his retirement.
133 {d) In addition to the interest and surplus otherwise credited under
134 sections one to five, inclusive, to the account of a member of the asso-
135 elation who, between the semi-annual interest compounding dates
136 established by section one, retires or is retired under said sections or
137 dies or leaves the service, there shall be credited interest on his account
138 as standing on the semi-annual interest compounding date last preced-
139 ing his retirement, death or leaving the service at the rate prescribed
140 by said section one for regular interest, computed from said date to the
141 first day of the month in which his service ended, in case of his retire-
142 ment or leaving the service, or to the first day of the month in which
143 refund is made, in case of his death while in the service.
144 D. ApplicaHon of Surphts. ■ — Subject to the approval of the com-
145 missioner of insurance the board may determine the application of any
146 surplus.
147 E. Minimum arid Maximum Payments. — ■ Except as otherwise pro-
148 vided, in no case shall a member, whether he has elected the form of
149 annuity provided for in paragraph (2) B (a) or (2) B (b) of this section,
150 be retired at such an annual rate of pension as would, when added to
151 the annual amount which would be required to be paid from the annuity
152 fund if he had elected the form of annuity provided for in said para-
153 graph {2) B (a), amount to a total retirement allowance of less than
154 three hundred dollars or, in case the member has completed twenty-five
266 STATE RETIREMENT SYSTEM. [ChAP. 32.
years or more of service and his annuity at retirement is computed upon 155
an amount equal to the sum which accumulated contributions for the 15G
entire period of his membership at the rate of five per cent have pro- 157
vided, less than four hundred and eighty dollars; and in no case shall 15<S
a member who has elected either of tiie aforesaid forms of annuity be 159
retired at such an annual rate of pension as would, when added to the IGI)
annual amount which would be required to be paid from the annuity 101
fund if he had elected the form of annuity provided for in said para- 1G2
graph (2) B (a), amount to a total retirement allowance of more than 1G3
one half the average annual rate of his salary or wages during the five IG-i
years prior to retirement, or, if such member resigns or is dismissed prior 165
to the date of retirement, during the five years prior to such resignation 16G
or dismissal, except that the minimum retirement allowance hereinbe- 167
fore provided for such member shall not thereby be reduced. For the 168
purpose of determining the maximum pension and the maximum annuity 169
under this section, the rate of salary or wages received by a member on 170
the date immediately preceding any period of absence without pay 171
shall be used as the rate of pay which he would have received during 172
such absence without pay. 173
All pensions and annuities, and the average annual rate of salary or 174
wages during the five years prior to retirement, resignation or dismissal, 175
shall be computed under the preceding sections to the nearest multiple 176
of twelve. 1 77
F. — Any sum of money otherwise payable to the legal representatives 178
of a deceased member or deceased employee under paragraph {£) A (b) 179
or (2) B {b) of this section shall be paid, subject to the following condi- 180
tions, to the beneficiary or beneficiaries nominated as hereinafter pro- 181
vided, if any, surviving at the death of such member or employee, as 182
appearing in the records of the association at his death, and such pay- 183
ment or payments shall bar the recovery by any other person of such 184
sum. Any such member or employee, by a written instrument duly 185
executed by him and filed with the board prior to his death, upon a form 186
to be furnished by the board, may nominate, and from time to time 187
change, one or more beneficiaries to receive, in designated proportion, 188
but not in the alternative, any such sum; any such person so nominated 189
by a minor to be of his kindred. The sum which would have been paid 190
to any beneficiary if he had survived such member or employee shall be 191
paid to the legal representatives of such member or employee, subject 192
to the conditions hereinafter provided in this paragraph. Any question 193
arising hereunder as to survivorship shall be finally determined by the 194
board. If any sum otherwise payable to the legal representatives of a 195
member or employee under paragraph (2) A (b) or {2) B (b) of this 196
section and under this paragraph does not exceed one hundred dollars, 197
and if there has been no demand upon the board for payment of such 198
sum by a duly appointed executor or administrator of the estate of such 199
member or employee, and the board has not otherwise been informed 200
that probate proceedings relative to such estate have been commenced, 201
such sum may be paid, after the expiration of three months from the 202
date of death of such member or employee, to the persons appearing, 203
in the judgment of the board, to be entitled thereto, and such payments 204
shall bar recovery by any other person. 205
G. — Any member of the association during the entire period of time 206
while receiving from the commonwealth weekly compensation payments 207
for total incapacity under sections sbcty-nine to seventy-five, inclusive, 208
Chap. 32.] eetirement system for teachers. 267
209 of chapter one hundred and fifty-two, or durino; any period, computed
210 as hereinafter provided, to cover a hinip sum payment from the com-
211 monwealth in heu of compensation aforesaid and also during a further
212 period not exceeding tliirty days shall, so long as his account is not
213 withdrawn from the amiuity fund, be treated in all respects as a con-
214 tributing member, except as to Hability to contribute to the annuity
215 fund and except that such a member who attains age seventy prior to
216 the date of termination of the actual or computed period of compensa-
217 tion payments shall not be treated as such a member beyond the date of
21S termination aforesaid. Such a member attaining age seventy as afore-
219 said shall, without being required to be reinstated in the service of the
220 commonwealth, be retired on the date of termination aforesaid on a
221 retirement allowance then payable at age seventy; and such a member
222 otherwise meeting the age and/or service requirements necessary for
223 retirement prior to the date of termination aforesaid shall, on and after
224 the date of termination aforesaid and without being required to be
225 reinstated in such service, have all the rights and benefits provided by
226 sections one to five, inclusive, to which he would have been entitled if
227 his service had not been interrupted by a period of absence as aforesaid,
228 and if such a former member re-enters the service after the termination
229 of the aforesaid thirty day period he shall from the date of entry be
230 treated in all respects as a contributing member; but in case of retire-
231 ment hereunder no pension or annuity payments shall be made on
232 account of any period of time prior to the date of receipt by the board
233 of the written application for retirement. In no case shall interest be
234 added to the account of such a member beyond the first day of the
235 month in which the date of termination of the additional thirty day
236 period occurs, unless such member is sooner reinstated in such service.
237 The account of such a member in the annuity fund may be withdrawn
238 at any time upon the filing of a written notice with the board, which shall,
239 if the member has already become eligible for retirement, be accom-
240 panied by a waiver as set forth in section five. Whenever such a member
241 receives a lump sum payment under section forty-eight of chapter one
242 hundred and fifty-two, the period of time covered by such payment
243 shall, for the purposes of this section, be computed to begin on the last
244 day the name of such member appeared upon the pay roll prior to such
245 payment or on the day of the last compensation payment in case weekly
246 payments had previously been made and to continue throughout a
247 number of weeks equal to the quotient of the lump sum pajTnent divided
248 by the maximum weekly compensation which would otherwise be pay-
249 able to such member, and any fraction of a week so resulting shall be
250 taken as a full week.
RETIREMENT SYSTEM FOR TEACHERS.
1 Section 6. In sections seven to nineteen, inclusive, unless the con- DeSmUons.
2 text otherwise requires, the following words shall have the following \l\e] 257. § i.
3-„ ■ 1917. 233. § 1
meanings: _ _ 1924:281.51
4 "Annuities", pa^-ments for life derived from contributions of mem- }^|§; ^|^' \l
5 hers;
6 "Annuities-certain", payments for a definite number of years only,
7 derived from contributions of members, and the number of years during
8 which pajTnents shall be made shall be determined by the retirement
9 board;
268
RETIREMENT SYSTEM FOR TEACHERS.
[Ch.\p. 32.
3 Op. A. G.
460.
"Annuity fund", the fund provided in section nine (2); 10
"Assessments", the annual payments to the annuity fund by mem- 11
bers; 12
"Association", the teachers' retirement association provided in sec- 13
tion seven; 14
"Board", the teachers' retirement board specified in section eight; 15
"Expense fund", the fund provided in section nine (1); 16
"Pensions", payments for life, derived from contributions of the 17
commonwealth; 18
"Pension fund", the fund provided in section nine (3); 19
"Public school", any day school conducted in the commonwealth 20
under the superintendence of a duly elected school committee, also any 21
day school conducted under sections one to thirty-seven, inclusive, of 22
chapter seventy-four; 23
"Regular interest", interest at the rate determined by the retire- 24
ment board, which shall be substantially that which is actually earned 25
compounded annually on the last day of December; 26
"Retirement system" or "system", the arrangement provided for 27
payment of annuities and pensions to teachers; 28
"School year", the twelve months beginning July first in any }ear 29
and ending June thirtieth next; 30
"Teacher", any person employed by one or more school committees 31
or boards of trustees, or by any combination of such committees and 32
boards, on a full time basis as a teacher, principal, supervisor or super- 33
intendent in the public day schools in the commonwealth, or as a super- 34
visor or teacher of adult alien education. 35
Teachers'
retirement
association.
1913, 832, § 3.
1914, 494,
§§ 1.2.
1916, 54, § 1.
1919, 292, § 18,
1924, 203, 5 1.
1927, 173.
1928, 184, § 3.
1929, 36.5, § 1.
Op, A. G.
(1918) 81.
retirement association organ-
1
2
3
4
5
6
7
8
9
10
11
Section 7. There shall be a teachers
ized as follows:
(1) All persons now members of the teachers' retirement association
established on July first, nineteen hundred and fourteen, shall be mem-
bers thereof.
(2) All teachers hereafter entering the service of the public schools
for the first time shall thereby become members of the association.
(3) Any teacher who entered the service of the public schools before
July first, nineteen hundred and fourteen, who has not become a member
of the association, may hereafter, before attaining the age of seventy,
upon written application to the board, become a member of the associ-
ation by paj'ing an amount equal to the total assessments, together with 12
regular interest thereon, which he would have paid if he had joined the 13
association on September thirtieth, nineteen hundred and fourteen. 14
Such a teacher may make application for membership and accumulate 15
in the annuity fund in instalments, in accordance with such rules as the 16
board shall adopt, the amount due to join the association, he being en- 17
rolled a member of the association when the total amount due on account 18
of back assessments and interest has been accumulated in the annuity 19
fund; provided, that all instalments must be paid before the teacher is 20
sixty years of age. Until the full amount required for membership has 21
been accumulated, a teacher may at any time discontinue payments and 22
withdraw his total contributions with the regular interest thereon. If 23
a teacher dies before said full amount has been accumulated, his total 24
contributions, with regular interest thereon, shall be jiaid to the person 25
or persons entitled, as if constituting a sum due a deceased member, in 26
accordance with section thirty-three. 27
Chap. 32.] retirement system for teachers. 269
28 (4) Teachers in training schools maintained and controlled by the
29 department of education shall be considered as public school teachers
30 under sections seven to nineteen, inclusive, and such a teacher upon
31 becoming a member of the association shall thereafter pay assessments
32 based upon his total salary including the part paid by the common-
33 wealth; provided, that the total assessments shall not exceed in any
34 year the maximum annual assessment established by paragraph (2) of
35 section nine. Such assessments shall be deducted in accordance with
36 rules prescribed by the board. This paragraph shall not apply to
37 teachers regularly employed in the normal schools and therefore subject
38 to sections one to five, inclusive, although they devote a part of their
39 time to training school work.
1 Section 8. (1) The retirement system shall be managed by the Certain duties
2 teachers' retirement board provided in section sixteen of chapter fifteen. mpnt"oarT
3 (2) The board may make by-laws and regulations consistent with Jglg' tU' f ei
* i«" . ^ 1930_ 238, § 2.
5 (3) The board shall provide for the payment of retirement allowances
6 and the other expenditures required by sections seven to nineteen,
7 inclusive.
8 (4) [Repealed, 1930, 238, § 2.]
9 (5) The board shall perform such other functions as are required to
10 comply with sections seven to nineteen, inclusive.
1 Section 9. The funds of the system shall consist of an expense fund, memyatlm'.'^
2 an annuity fund and a pension fund. }UJ|' *32. § 5.
3 (1) The expense fund shall consist of such amounts as shall annually WfiPlL
4 be appropriated by the general court, on estimates submitted by the i9i9, s.
5 board, to defray the expenses of administration, exclusive of the pay- 1923! 184, § 3.
6 ment of retirement allowances. Hlo] Its. § 1.
7 (2) The annuity fund shall consist of assessments paid by members and
8 interest derived from investments of the annuity fund. Each member
9 shall pay into the annuity fund, by deduction from his salary in the
10 manner provided in section twelve (5), such assessments upon his salary
11 as may be determined by the board. The rate of assessment shall be
12 established by the board on the first day of July of each year after a prior
13 notice of at least three months, and shall at any given time be uniform
14 for all members of the association, and shall not be less than three nor
15 more than seven per cent of the member's salary; provided, that when
16 the total sum of assessments on the salary of any member at the rate
17 established by the board would amount to more than one hundred dollars
18 or less than thirty-five dollars for a full school year, such member shall
19 in lieu of assessments at the regular rate be assessed at the rate of one
20 hundred dollars a year or thirty-five dollars a year, payable in equal
21 instalments, to be assessed for the number of months during which the
22 schools of the community in which such member is employed are com-
23 monly in session. Any member who shall for thirty years have paid
24 regular assessments to the annuity fund shall be exempt from further
25 assessments; but such member may thereafter, if he so elects, continue
26 to pay his assessments to the fund. No member, however, shall pay
27 further assessments after the total sum of assessments paid by him shall
28 have amounted, with regular interest, to a sum sufficient to purchase
29 under section ten (3) (a) an annuity of six hundred and fifty dollars at
30 age sixty, and interest thereafter accruing shall be paid to the member on
270 KETIREMENT SYSTEM FOR TEACHERS. [ChAP. 32.
his retirement. The commonwealth shall annually contribute such 31
amount as is necessary to make good any deficiency in the annuity fund 32
for active or retired members as of the preceding thirty-first day of 33
December. 34
(3) The pension fund shall consist of such amounts as shall be appro- 35
priated by the general court from time to time, on estimates submitted by 36
the board, for the purpose of paying pensions to teachers. 37
(4) Members of the state retirement association, provided in section 38
two, who enter the service of the public schools shall have the full amount 39
of their contributions, together with such interest as shall ha\-e been 40
earned thereon, transferred by the state treasurer to the annuity fund 41
established by paragraph (2) of this section, and these amounts shall 42
thereby become a part of their assessments. 43
SfowL°n^ces. Section 10. (1) Any member of the association shall, on written ap- 1
}JI1?'?2?- f §■ plication to the board, be retired from service in the public schools on 2
1915, 197, s ^. ^ , . . „ . • 1 (> xc • 1 • •
1916, 257, 1 2. attammg the age or sixty, or at any tmie thereafter. It m the opinion 3
1918! 25?', ' of the emploving school committee any member who has attained said 4
1919, 5. ■ age is incapable of rendering satisfactory service as a teacher, he may, 5
1920, 2; 49; ^^.j^j^ ^j-^g approval of the board, be retired by such committee. If he 6
19^8' 184' § 3 ^^ "^t employed by a school committee, he may be so retired bv his 7
ifiii: employer. _ _ "_ 8
(2) Any member, on attaining the age of seventy, shall be retired 9
from service in the public schools at the end of the school year in which 10
said age is attained, but any member attaining that age in July, August 11
or September shall then be retired. 12
(3) A member, after his retirement under paragraph (1) or (2) of this 13
section, shall be entitled to receive from the annuity fund, as he shall 14
elect at the time of his retirement, on the basis of tables adopted by 15
the board: (a) an annuity, payable in quarterly payments, to which 16
the sum of his assessments under section nine (2), with regular interest 17
thereon, shall entitle him; or (b) an annuity of less amount, as deter- 18
mined by the board for the annuitants electing such option, payable in 19
quarterly payments, with the provision that if the annuitant dies before 20
receiving annuity payments equal to the amount used to purchase the 21
annuity, the difference shall be paid to his estate. 22
(4) Any member receiving payments of an annuity as provided in 23
paragraph (3) of this section, if not rendered ineligible therefor by section 24
fifteen, shall receive with each quarterly payment of his annuity an 25
amount from the pension fund, as directed by the board, equal to the 26
quarterly annuity payment to which he would be entitled if his annuity 27
were figured under clause (a) of paragraph (3) of this section. 28
(5) Any member who served as a regular teacher in the public schools 29
prior to July first, nineteen hundred and fourteen, and who has served 30
fifteen years or more in the public schools, not less than five of which 31
shall immediately precede retirement, on retiring as provided in paragraph 32
(1) or (2) of this section, shall be entitled to receive a retirement allow- 33
ance as follows: (a) such annuity and pension as may be due under 34
paragraphs (3) and (4) of this section; (h) an additional pension to such 35
an amount that the sum of this additional pension and the pension pro- 36
vided in paragraph (4) of this section shall equal the annuity to which 37
he would have been entitled under sections seven to nineteen, inclusive, 38
if he had paid thirty assessments based on his average yearly rate of 39
salary for the five years immediately preceding his retirement, at the rate 40
Chap. 32.] retirement system for teachers. 271
41 of assessment in effect at that time, and his account had been annually
42 credited with interest at the rate of four per cent per annum; pro\idcd, p™™"-
43 that if his term of service in the commonwealth shall have been over
4-4 thirty years, the thirty assessments, with interest as provided above,
45 shall" be credited with interest at the rate of four per cent, compounded
46 annually for each year of service in excess of thirty; but the assumed
47 accumulation of assessments with interest under this paragraph shall not
48 exceed the amoimt which at the age of sixty and in accordance with
49 clause (o) of paragraph (3) of this section will purchase an annuity of six
50 hundred and hfty dollars, and the minimum pension shall be of such an
51 amount that the annual pension, plus the annual amount which would
52 have been paid from the annuity fund if the member had chosen an
53 annuity computed under clause (3) (a) of this section, shall be four hun-
54 dred dollars. If a member is at any time eligible to retire and receive a
55 pension computed under this paragraph, he shall receive upon retire-
56 ment a pension computed hereunder without the necessity of five years of
57 continuous service preceding retirement.
58 (6) If at any time it is impossible or impracticable to consult the
59 original records as to wages received by a member during any period,
60 the board shall determine the pension to be paid under clause (b) of para-
61 graph (5) of this section in accordance with the evidence it may be able to
62 obtain.
63 (7) In determining the retiring allowance of a member of the asso-
64 ciation who was regularly employed by the commonwealth prior to June
65 first, nineteen hundred and twelve, or as a teacher in the public schools
66 prior to July first, nineteen hundred and fourteen, credit shall be given
67 in the manner provided for by paragraph (5) of this section for all periods
68 of employment by the commonwealth and of service as a teacher in the
69 public schools, if such service is fifteen years or more, not less than five
70 of which shall immediately precede retirement; provided, that this
71 paragraph shall not apply to any person who had the option of joining
72 the state retirement association and did not become a member thereof.
73 Such rules as the board may adopt under paragraph (3) of section eleven
74 shall apply to a person becoming a member thereof after July first, nine-
75 teen hundred and twenty, who shall have withdrawn any sum from the
76 state retirement association.
77 (8) Any member of the association whose employment by the com-
78 monwealth and service in the public schools amount to twenty or more
79 years, the last five years of which are consecutive, and who, before at-
80 taining the age of sixty, becomes permanently incapable of rendering
81 satisfactory service as a teacher by reason of physical or mental disability,
82 may, with the approval of the board, be retired by the employing school
83 committee or other employer as provided in paragraph (1).
84 (9) Any member shall, upon retirement under the preceding para-
85 graph, and during the continuance of disability, be entitled to receive
86 from the annuity fund, in quarterly payments, a sura computed in ac-
87 cordance with paragraph (3) of this section; provided, that upon the
88 approval of the board, an annuity-certain based upon the tables of the
89 board may be substituted for either of the plans provided for in said
90 paragraph ; and in case of the death of the annuitant before all the in-
91 stalments thereon have been paid, the value at that time of the unpaid
92 instalments, as determined on the basis of the tables adopted by the
93 board, shall be paid to his estate.
94 (10) Any member receiving a payment under the preceding para-
272 RETIREMENT SYSTEM FOR TEACHERS. [ChaP. 32.
graph shall, if not rendered ineligible therefor by section fifteen, receive
from the pension fund for each year of service a pension equal to one
thirtieth of the pension which would have been due him if he had retired
at the age of sixty, having paid thirty annual assessments to the annuity
fund, and received an annuity computed in accordance with clause (o)
of paragraph (3) of this section; provided, that the minimum annual
amount to be paid from the pension fund shall be such that a member
shall receive from this fund, for each year of his service, one thirtieth of
two hundred and fifty dollars; and provided, further, that the total re-
tiring allowance shall not be greater than the amount which the said mem-
ber would receive if he were to continue in service until the age of sixty,
contributing annual assessments based on his average yearly rate of
salary for the five years immediately preceding retirement, at the rate of
assessment in effect at that time.
(11) If a member is granted an annuity-certain by the board, his
total retiring allowance shall not be limited to the total retiring allowance
which he would have received at the age of sixty, as provided in the
preceding paragraph, but the amount to be paid from the pension fund
shall be the amount which would have been paid from that fund if an
annuity-certain had not been granted.
(12) In computing the amount to be paid from the pension fund
under paragraph (10) of this section, the assumed assessments necessary
to complete the thirty annual assessments shall be based on the average
yearly rate of salary for the five years immediately preceding retirement,
and shall be at the rate of assessment in effect at that time. Interest on
the amount to the member's credit on his retirement and on the assumed
assessments shall be figured at the rate of four per cent.
(13) No member shall be retired under paragraph (8) of this section
until the fact of his disability has been certified to on oath by an examin-
ing physician selected by the employing school committee or other em-
ployer as provided in paragraph (1) and approved by the board, and
until any further evidence of his disability which the board may require
shall have been furnished.
(14) At intervals of not less than one year, any member receiving
a retiring allowance under this section, who has not attained the age
of sixty, shall, if so requested by the board, be re-examined by a phy-
sician selected by it. If the board finds that disability which prevents
satisfactory service as a teacher no longer exists, the retiring allowance
shall cease. Refusal to submit to re-examination shall be cause for dis-
continuing the retiring allowance.
(1.5) If a teacher ceases to receive a retiring allowance under the pre-
ceding paragraph, the amount then to his credit in the annuity fund
shall be determined on the basis of tables adopted by the board, and the
said amount shall be considered to constitute the sum of his assessments,
with the regular interest allowed thereon, to the time when his retiring
allowance ceased.
(16) Any member who shall cease to receive a retiring allowance
under paragraph (14) of this section, who does not re-enter public school
service, and who does not withdraw the amount to his credit in the
annuity fund, may, upon attaining the age of sixty, receive a retiring
allowance computed in accordance with paragraphs (3) and (4) of this
section, or may, before attaining the age of sixty, under conditions to be
determined by the board, upon request and after an interval of one year,
be entitled to further re-examination by a physician selected by it, and,
ClIAP. 32.] RETIREMENT SYSTEM FOR TEACHERS. 273
149 if disability contracted during service as a public school teacher is found
150 to exist, shall again be entitled to receive a retiring allowance under par-
151 agraphs (9) and (10) of this section.
152 (17) In determining the average salary under paragraphs (5), (10)
15.3 and (12) of this section, the yearly rate which the teacher would have
154 received had he been in service shall be used for periods of sickness or
155 leave of absence.
156 (18) Periods of leave of absence or sickness of one month or more shall
157 not be considered as part of the five years of service immediately pre-
1,58 ceding retirement required under paragraphs (5), (7) and (8) of this
159 section, but, subject to the approval of the board, such periods of absence
160 or sickness shall not be considered as breaking the continuity of service.
161 (19) No pension under paragraph (4) shall exceed one third of the
162 member's average yearly rate of salary for the five years unmediately
163 preceding his retirement, and no pension under paragraph (5), except a
164 minimum pension, shall exceed one half of the member's average yearly
165 rate of salary for the five years immediately preceding his retirement;
166 provided, that the pension of any person who became a member of the
167 teachers' retirement association prior to June thirtieth, nineteen hundred
168 and twenty-nine, shall in no case be reduced by this paragraph to an
169 amount less than the amount to which such person would have been
170 entitled as pension had the provisions of sections seven to nineteen,
171 inclusive, in effect immediately prior to said date been in effect at the
172 time of his retirement. All annuities and pensions under this section
173 shall be in multiples of four cents.
1 Section 11. (1) Any member withdrawing from the public school f9r3!l32!T7.
2 service before becoming eligible to retirement, except for the purpose J^is. iss, § 3.
3 of entering the service of the commonwealth, and any member who be- ^l^'^[
4 comes subject to chapter two hundred and thirty-seven of the acts of i9i9, |92,^5^i9.
5 nineteen hundred and chapter five hundred and eighty-nine of the acts ims! ssi, § i.
6 of nineteen hundred and eight as amended or chapter five hundred and ig^s! i84; § 3.
7 twenty-one of the acts of nineteen hundred and twenty-two shall be en- ^^^^' ^^°-
8 titled to receive from the annuity fund all amounts contributed as
9 assessments, together with regular interest thereon, either in one sum or,
10 at the election of the board, in four quarterly payments. If a member
11 dies before receiving all his quarterly payments the balance thereof
12 shall be paid to his estate.
13 (2) Any member thus withdrawing, after having paid ten annual
14 assessments, may receive, at his election and in lieu of payments under
15 paragraph (1) of this section, an annuity for life, as determined by the
16 board, of such amount as the sum of his assessments under section nine,
17 paragraph (2), with regular interest thereon, shall entitle him to receive,
18 with the provision that if he dies before receiving payments equal to
19 the amount used to purchase the annuity the difference shall be paid
20 to his estate.
21 (3) Any member after having withdrawn from the public school
22 service shall, on being re-employed in such service, be reinstated as a
23 member in accordance with such rules for reinstatement as the board
24 shall adopt.
25 (4) If a member who is not receiving payments under paragraph (1)
26 or (2) of this section dies before retirement, the full amount of his as-
27 sessments, with regular interest thereon, shall be paid to his estate.
28 (5) All sums due the estate of a deceased member from the annuity
274
RETIREMENT SYSTEM FOR TEACHERS.
[Chap. 32.
and pension funds of the association shall be paid to such beneficiary as 29
he shall have named in writing on a form furnished by the board and 30
filed with the board, properly executed, prior to his death, and such 31
payment shall be a bar to recovery by any other person; provided, 32
that if there be no named beneficiary surviving the deceased member, 33
the amount due the estate shall be paid in accordance with section thirty- 34
three. A member may at any time revoke or change the designation of 35
a beneficiary by a written instrument duly executed by him and filed 36
with the board prior to his death, the form for this purpose to be fur- 37
nished by the board. _ 38
(6) Interest shall not be credited to any account in the annuity fund, 39
while subject to withdrawal under this section, after the third annual 40
compounding date following the time when such account became subject 41
to withdrawal under paragraph (1). 42
Duties of
school com-
mittees.
1913, 832. § 9.
1928, 184, § 3.
Section 12. (1) Any school committee, before employing a teacher
to whom sections seven to nineteen, inclusive, apply, shall notify him
of his duties and obligations under said sections.
(2) Annually on or before October first school committees shall certify
to the board the names of all teachers to whom said sections apply.
(3) School committees shall, on the first day of each month, notify the
board of the employment of new teachers, removals, withdrawals or
changes in salaries occurring during the month preceding. _ o
(4) Under the direction of the board, school committees shall furnish 9
such other information as the board may require relevant to the discharge 10
of the duties of the board. H
(5) The school committee of each town shall, as directed by the 12
board, deduct from the amount of the salary due each teacher employed 13
in the public schools of such town such amounts as are due as contribu- 14
tions to the annuity fund as prescribed in section nine, shall send to the 15
treasurer of said town a statement as voucher for such deductions, and 16
shall send a duplicate statement to the secretary of the board. 17
(6) School committees shall keep such records as the board may 18
require. ^^
Trustees of SECTION 13. The boards of trustees of schools conductcd Under scc- 1
i9'i3,"832, uo. tions one to twenty-four, inclusive, of chapter seventy-four shall per- 2
1928, 181. § 3. ^^^^^ ^jj ^^^ duties prescribed for school committees under section twelve. 3
Treasurers of
cities and
towns, duties.
1913. 832, § 11.
1928, 184, I 3.
Section 14. (1) The treasurer of each town, on receipt from the
school committee or board of trustees of the voucher for deductions
from the teachers' salaries provided for in section twel\-e, shall transmit
monthly the amounts specified in such voucher to the secretary of the
board.
(2) The secretary of the board shall monthly pa\' to the state treas-
urer all sums received under the preceding paragraph.
(3) All funds of the system shall be in the custody of the state treas-
urer, and he shall, in accordance with the laws governing the investment
of sinking funds, invest and reinvest such funds as are not required for 10
current disbursements. 11
(4) The state treasurer shall make such payments to members fr()m 12
the annuity fund and pension fund as the board shall order to be paid, 13
in accordance with sections ten and eleven. 14
Chap. 32.] retirement system for teachers. 275
15 (5) On or before the third Wednesday in January, the state treasurer
IG shall file with the commissioner of insurance and with the secretary of
17 the board a sworn statement exhibiting the financial condition of the
18 system on December thirty-first precetling and its financial transactions
19 for the year ending thereon. Such statement shall be in the form pre-
20 scribed by the board and approved by the commissioner of insurance.
1 Section 15. (1) No person required to become a member of the Membership
2 association shall participate in the benefits of any other teachers' retire- ret?re,nent
3 ment system, supported in whole or in part by funds raised by taxation, inls^gs™^ 12.
4 or be entitled to a pension under section forty-three or cha]rter five hun- ^^^\^^' ^ ^■
5 dred and eighty-nine of the acts of nineteen hundred and eight, as (w^o) ids.
6 amended by chapter six hundred and seventeen of {he acts of nineteen
7 hundred and ten.
8 (2) No member shall receive any pension under section ten who is
9 at the time in receipt of a pension paid from funds raised in whole or in
10 part from taxation, under section forty-three or under chapter five hun-
11 dred and eighty-nine of the acts of nineteen hundred and eight, as
12 amended by chapter six hundred and seventeen of the acts of nineteen
13 hundred and ten, or any other act providing pensions for teachers.
1 Section 16. (1) Whenever, after July first, nineteen hundred and ^f^i^y^'j^'^'X""
2 fourteen, a town retires a teacher who is not eligible to a pension under 'j°'j™g32 5 „
3 section ten and pays to such teacher a pension in accordance with section igib; 292] _ ^^
4 forty-three, or chapter five hundred and eighty-nine of the acts of nine- 1924! 250!
5 teen hundred and eight and acts in amendment thereof, or chapter five '®^*' "*• * ^^
6 hundred and twenty-one of the acts of nineteen hundred and twenty-two
7 and acts in amendment thereof, and the chairman or secretary of the
8 school committee of said town or the chairman or executive officer of
9 the retirement board of the Boston retirement system established by
10 said chapter five hundred and twenty-one certifies under oath to the
11 board the amount of said pension paid during any period prior to the
12 preceding July first for which reimbursement has not been made and
13 furnishes such other information as the board may require, said town
14 shall be reimbursed therefor by the commonwealth; provided, that no
15 such reimbursement shall be granted unless the retirement has been
16 approved by the board and the amount of said reimbursement shall not
17 be in excess of the amount, as determined by the board, to which said
18 teacher would have been entitled as a pension, had he been a member
19 of the association.
20 (2) The board shall make an annual report containing a statement
21 of the amount expended previous to the preceding first day of July
22 by towns in the payment of pensions under the preceding paragraph,
23 for which such towns should receive reimbursement. On the basis of
24 such a statement, the general court may make an appropriation for
25 the reimbursement of such towns up to such first day of July.
1 Section 17. Upon the petition of not less than five per cent of the R<'/,<^;|^^™"
2 legal voters of any city or town in which sections forty-two and forty- i9i3'*832,'|i5.
3 three are in force, the following question shall be placed upon the ballot
4 and submitted to the voters of such city at the next city election, or to
5 the voters of such town at the next annual town meeting: "Shall sec-
6 tions forty-two and forty-three of chapter thirty-two of the General
276
COXJNTY RETIREMENT SYSTEMS.
[Chap. 32.
Laws, authorizing cities and towns to retire and pension teachers in tlie 7
public schools, be repealed? " If a majority of the voters voting thereon 8
at such election or meeting shall vote in the affirmative, said sections shall 9
cease to be in force in such city or town. 10
Certain
sections not
applicable to
Boston.
1913. 832, § 3.
1920, SO, § 1.
Section 18. Sections six to fifteen, inclusive, shall not apply to
teachers in the public schools of Boston, except teachers who, on Sep-
tember first, nineteen hundred and twenty-three, are employed by
Boston and are members of the association.
1923, 381, § 2. 192S, 184, § 3. Op. A. G. U920) 165.
Persons em-
ployed in the
public schools
and also by
the common-
wealth.
1920, 56.
1928, 184, § 3.
1929, 385, § 5.
Section 19. A person who is principally employed as a teacher in 1
the public schools but who is also employed by the commonwealth shall, 2
if a member of the teachers' retirement association, pay assessments to 3
the annuity fund established by paragraph (2) of section nine, based on 4
the total salary received for service as a public school teacher and for 5
employment by the commonwealth; provided, that the annual assess- 6
ment of such a member shall not exceed the maximum annual assess- 7
ment estabhshed by said paragraph (2). 8
A person who is principally employed by the commonwealth but 9
who is also employed in the public schools shall not be a member of the 10
teachers' retirement association, but shall be subject to sections one to 11
five, inclusive, and if a member of the state retirement association shall 12
pay assessments to the annuity fund established by section four based 13
on the total salary received for service renilered to the commonwealth 14
and for employment as a public school teacher; provided, that the 15
annual assessment of such a member shall not exceed the maximum 16
annual assessment established by paragraph (2) A (a) of said section four. 17
Assessments under this section shall be deducted from salary or other 18
compensation in accordance with the rules and regulations prescribed 19
by the respective retirement boards ha\ing jurisdiction. 20
This section shall not apply to teachers referred to in paragraph (4) 21
of section seven. 22
Definitions.
1911. 634, § 1.
1913, 817, § 1.
1915, 234, § 1.
1919. 106.
1921, 413.
1923, 479,
1924, 281,
5 3.
§2.
1926, 378, § 1.
COUNTY retirement SYSTEMS.
Section 20. In sections twenty-one to twenty-five, inclusive, unless 1
the context otherwise requires, the following words shall have the follow- 2
ing meanings: 3
"Annuities", the payments for life derived from money contributed 4
by the members; 5
" Association ", the retirement association provided by section twenty- 6
two; 7
"Board", the retirement board provided by section twenty-three; 8
"Employees", any persons permanently and regularly employed in 9
the direct service of the county whose sole or principal employment is 10
in such service, except teachers employed in any day school conducted 1 1
under sections twenty-five to thirty-seven, inclusive, of chapter seventy- 12
four, and also any officials or public officers whose compensation is paid 13
by the county, whether employed or aj)pointed for a stated term or 14
otherwise, except, in counties other than Worcester, an official or public 15
officer elected by the people. 16
"Pensions", the payments for life derived from money contributed 17
by the county; 18
Chap. 32.] county retirement systems. 277
19 " Regular interest ", interest at three per cent per annum, compounded
20 semi-annually on the last days of December and June and reckoned for
21 full three and six months' periods only;
22 "Retirement system" or "system", the arrangements provided for
23 the payment of annuities and pensions;
24 The words "continuous service" shall mean uninterrupted employ-
25 ment; but a lay-off on account of illness or reduction of force, and a
26 leave of absence, suspension or dismissal, followed by reinstatement
27 within two years, shall not be considered as breaking the continuity of
28 ser\-ice; pro\'ided, that in reckoning the period of two years, all time
29 spent in the military or naval service of the United States or of any
30 nation associated with it in the world war shall be excluded.
31 In the case of employees of the county who are now paid wholly by
32 it, but who at any prior period were employees of the county as defined
33 above and were not paid wholly by it, or in the case of employees of
34 any department or institution formerly administered by the common-
35 wealth or formerly administered in part by the commonwealth and in
36 part by the county and later taken over by the county, service rendered
37 prior to such payment in whole by the county or transfer to it shall be
38 counted as a part of their continuous service.
1 Section 21. Any coimty, except one which has established a system Establishment
2 under chapter six hundred and thirty-four of the acts of nineteen hun- sys'tem*'"^"
3 dred and eleven, may establish a retirement system for its employees by ll\l] 350,' | %.
4 accepting sections twenty to twenty-five, inclusive, in the following Jgos] 479. § 3.
5 manner: Upon the initiative of the county commissioners, the following
6 question shall be placed upon the ballot and submitted to the voters of
7 the county at the next state election: " Shall sections twenty to twenty-
8 five, inclusive, of chapter thirty-two of the General Laws, entitled
9 ' County Retirement System ', be accepted? " If a majority of the voters
10 voting thereon at such election shall vote in the affirmative, said sections
11 shall take effect in that county, as hereinafter provided.
12 A copy of the vote, sworn to by the county commissioners or the
13 officers corresponding thereto, shall, within thirty days after the date
14 of the vote, be filed in the office of the commissioner of insurance. The
15 latter shall forthwith issue a certificate that the retirement system is
16 declared established in that county, to become operative on the first
17 day of January or the first day of July following the expiration of three
18 months after the date of the certificate.
1 Section 22. Whenever a county shall have voted to establish a The retirement
2 retirement system under section twenty-one, or corresponding provisions i9u?63™'§ 3.
3 of earlier laws, a retirement association shall be organized as follows: i9i8;2*57!'§\i7.
4 (1) All employees of the county on the date when the retirement Jgio, i.' ^^'
5 system is declared established by the issue of the certificate under J9|J' *^f j 3
6 section twenty-one may become members of the association. On the 1930', 413'.
7 expiration of thirty days after said date, every such employee shall
8 thereby become a member unless he shall have, within that period, sent
9 notice in writing to the county commissioners or officers performing
10 like duties that he does not wish to join the association.
11 (2) All employees who enter the service of the county after the date
12 when the system is declared established, except persons who have
13 already passed the age of fifty-five, shall, upon completing ninety days
14 of service, thereby become members. Persons over fifty-five who enter
278 COUNTY RETIREMENT SYSTEMS. [ChAP. 32.
the service of the county after the establishment of the system shall 15
not he allowed to become members, and no such employee shall remain 16
in the service of the county after reaching the age of seventy. 17
(3) No officer elected by popular vote, except in Worcester county, 18
nor any employee who is or will be entitled to a pension from any county 19
for any reason other than membership in the association may become a 20
member. 21
(4) Any member who reaches the age of sixty and has been in the 22
continuous service of the county for fifteen years immediately preceding 23
may retire, or be retired by the board upon recommendation of the 24
head of the department in which he is employed, and any member who 25
reaches the age of se\-enty shall so retire. 26
(5) Any member who has completed thirty-five years of continuous 27
service may retire, or be retired upon recommendation of the head of 28
the department in which he is employed, if such action be deemed 29
advisable for the good of the service. 30
(()) Any officer of a jail or house of correction who is a member and 31
who is found by the board, after examination by one or more physicians 32
selected by the board, to have been permanently incapacitated, mentally 33
or physically, by injuries sustained through no fault of his own while 34
in the actual performance of his duty, from the further performance of 35
such duty, may be retired, irrespective of age and of his period of service, 36
and shall receive yearly payments as follows: (a) an annuity at his age 37
nearest birthday, as provided by section twenty-five (i?) B; and (6) 38
such a pension from the county that the sum of the annuity under sec- 39
tion twenty-five (i^) B {a) and the pension shall equal one half the 40
annual salary received by him at the time when the injuries were received. 41
Except as otherwise provided, a person retired under this paragraph 42
shall not receive from the county any other sum by way of annuity, 43
pension or compensation. A])plication for disability retirement here- 44
under shall be made in writing within two years after the date of the 45
said injuries, and the pension and annuity payments granted under this 46
paragraph shall be payable only from the date of receipt by the board of 47
such application. The board may require re-examinations from time to 48
time, and the county commissioners shall require re-examinations at 49
least annually, of any member pensioned under this paragraph. Re- 50
examinations under authority of this paragraph shall be by one or more 51
physicians selected by the board or by the county commissioners, as 52
the case may be. 53
(7) The term "officer", as used in paragraph (G), shall be deemed to 54
mean and include any person who is employed to, and who as a regular 55
part of his duty does, have charge either of all or of a definite number of 56
persons committed to the jail or house of correction by legal process. 57
(8) Upon the completion of any re-examination provided for by para- 58
graph (6) the physician or physicians making the same shall report and 59
certify to the board, or to the county commissioners, as the case may be, 60
whether said beneficiary is still incapacitated mentally or physically for 61
ser\ice in the institution where he was employed and of the rank or rating 62
held by him w'hen retired for disability. 63
If such physician or phxsicians shall find that the disability for which 64
the member was retired under said paragraph (6) has ceased, or if the 65
member fails to submit to said re-examination, his retirement allowance 66
shall cease. Should the finding be that disability for which a member was 67
so retired has ceased, he shall, if he so desires, be restored to acti\e duty 68
Chap. 32.] county retirement systems. 279
69 with the same rank and salary which he had when he was retired. Should
70 the retirement allowance of any disability beneficiary cease as provided
71 in this paragrajih without his restoration to service, there shall be re-
72 funded to him such sum, if any, as the board shall find remaining to his
73 credit in the annuity fund. Should a disability beneficiary be restored
74 as aforesaid to active service, he shall then become again a member of the
75 retirement system and shall be credited with such sum, if any, as the
76 board shall find remaining to his credit in the annuity fund. When next
77 retired his retirement allowance shall be based upon his service period
78 preceding his first retirement together with the service period from the
79 date of his restoration to service to the date of his final retirement.
SO (9) If any such member is foimd by the board to have died from
81 injuries received while in the discharge of his dutj-, leaving a widow, or,
82 if no widow, any child or children under the age of sixteen, a pension
83 equal to the retirement allowance to which such member would have
84 been entitled under paragraph (6) had he been permanently incapacitated
85 shall be paid to such widow so long as she remains unmarried, or for the
86 benefit of such child or children so long as he or any of them continues
87 under the age of sixteen. A person receiving a pension under this para-
88 graph shall not receive from the coimty any other sum by waj' of annuity,
89 pension or compensation. Payments under this paragraph shall not be
90 made as of a date earlier than that of the receipt by the board of written
91 application therefor, except that payments to a child of a deceased mem-
92 ber shall date from the day as of which payments to his widow shall
93 terminate.
94 (10) The word "injuries", as used in paragraphs (6) and (9) shall
95 mean any injury which is a natural and proximate result of an accident
96 occurring in the performance and within the scope of duty and without
97 fault of the member. The county commissioners may employ special
98 examiners whenever, in their judgment, it is necessary to assist in deter-
99 mining the degree of disability under said paragraphs. The fee of each
100 such examiner, not exceeding ten dollars in any one case, shall be paid by
101 the county. The decision of the board, or of the county commissioners,
102 as the case may be, on the question of disability or retirement under para-
103 graph (6) or (8) shall be final.
1 Section 23. (1) The system shall be managed by the board of re- The board of
2 tirement, consisting of three members, one of whom shall be the county Jlu!"!"' § 4.
3 treasurer; the second member shall be a member of the association, i^x^g.^^^'
4 elected by the latter within sixty days after the system is declared estab- IIq^\%
5 lished, in a manner to be determined by the county commissioners; the i920. 2.
1 . t/ %' ' 19'>1 413
6 third member shall be chosen by the other two. If the third member is 1923! 479I 5 3.
7 not so chosen within thirty days after the election of the second, the
8 chairman of the county commissioners shall appoint the third member.
9 The initial terms of the second and third members shall be two years;
10 thereafter their terms shall be three years. If a vacancy occurs in the
11 board or if the term of a member thereof expires, a successor of the
12 person whose place has become vacant or whose term has expired shall
13 be chosen in the same manner as his predecessor.
14 (2) The members of the board shall serve without compensation; but
15 they shall be reimbursed out of the contingent fund for any expense or
16 loss of salary or wages incurred through service on the board. All claims
17 for reimbursement on this account shall be subject to the approval of
IS the county commissioners.
280 COUNTY KETIREMENT SYSTEMS. [ChAP. 32.
(3) The county treasurer shall have custody of the funds of the system, 19
subject to the approval of the board, and shall invest and reinvest the 20
same, and may sell any securities held by him and invest and reinvest 21
the proceeds and any and all unappropriated income of said funds; 22
provided, that all funds received by him not required for current dis- 23
bursements shall be invested in accordance with the laws relating to the 24
investment of the funds of savings banks, giving preference to the securi- 25
ties of the county. 26
(4) The board may make by-laws and regulations consistent with law, 27
and employ necessary clerical or other assistance for the performance of 28
its duties, subject to the approval of the county commissioners. 29
(5) The board shall determine the percentage of wages which em- 30
ployees shall contribute to the fund, subject to the minimum and maxi- 31
mum percentages, and may classify employees for the purposes of the 32
system, and establish within the prescribed limits different rates of con- 33
tribution for different classes. 34
(6) The county treasurer shall annually in January, unless for cause 35
the commissioner of insurance shall extend the time, file in the office 36
of the commissioner a sworn statement, showing the financial condition of 37
the system of his county on the thirty-first day of the preceding Decem- 38
ber and its financial transactions for the year ending thereon. The state- 39
ment shall be in the form, and give the details, prescribed by the com- 40
missioner. 41
fa'ise'd ' '*'"' Section 24. The funds of the system shall be raised as follows: 1
1911, 634, §5.
1918, 257,
|5jigi9^i20. (;) Expense and Contingent Fu7id.
i92i;4i3. The county shall annually expend, from the amount appropriated 2
1923. 479, § 3. ^j^gp^f^j. jjy ^}^g general court, the sums necessary to defray the entire 3
expense of administration, according to estimates prepared by the 4
county treasurer and by him submitted to the county commissioners, 5
who shall include the same in their estimates required by section twenty- 6
eight of chapter thirty-five. 7
(2) Annuity and Pension Fund.
A. Deposits by Members. ■ — Each member shall deposit in this fund 8
from his wages or salary, as often as the same is payable, not less than 9
one nor more than five per cent of the amount of his wages or salary, as 10
determined by the board under section twenty-tliree (5); provided, that 11
employees receiving more than thirty dollars weekly in wages or salary 12
shall not be assessed for contributions to this fund on the excess above 13
that amount. 14
B. Contributions by the County. — The county shall contribute the 15
following: 16
(a) Each month, such amount as the board may determine to be 17
necessary to pay current pensions for subsequent service under section 18
twenty-five (2) C (a). 19
(b) Each year, the amount necessary to guarantee regular interest 20
and make good any deficiency in the annuity fund as of the preceding 21
thirty-first day of December. 22
(c) Each month, such amount as the board may determine to be nee- 23
essary to pay current pensions for prior service under section twenty- 24
five (2) C (6). 25
Chap. 32.] county retirement systems. 281
26 (d) Each month, such amount as the board may determine to be
27 necessary to insure the minimum payments provided for in section
28 twenty-five (2) E.
(3) Provision for Paymenis.
29 All amounts payable by members under paragraph (2) A of this section
oO shall be deducted by the county from the amount payable to them as
31 wages or salary as often as the same are payable, and shall immediately
32 be credited to the retirement fund by the county treasurer.
1 Section 25. The county treasurer shall administer the funds of the Administration
^ of funds.
2 system as follows: laii. gw, 5 6.
1915, 234, § 2.
il) Expense and Continqent Fund. §§i,'2;257,
' ■ §§ 121-124.
3 The fund provided for in section twenty-four (1) shall be used, so J^ii;; 5.319
4 far as necessary, for the payment of the expenses of administration. 1921:41.3,480.
5 Any unused portion shall be repaid into the treasury of the county. If §ri,'2:479.
6 the amount appropriated for the expense and contingent fund in any
7 year should prove insufficient, the general court shall appropriate in the
8 following year an additional sum to cover the deficit.
(2) Annuity and Pension Funds.
9 A. Refunds. — (o) Should a member cease to be an employee of the
10 county for any cause other than death before becoming entitled to a
1 1 pension, there shall be refunded to him all the money that has been paid
12 in by him under section twenty-four {2) A, with such interest as shall
13 have been earned thereon.
14 (6) Should a member die before becoming entitled to a pension, there
15 shall be paid to his legal representatives all the money that has been paid
16 in by him under section twenty-four (2) A, with such interest as shall
17 have been earned thereon.
18 B. Annuities from Employees' Deposits. — Any member who reaches
19 the age of sixty and has been in the continuous service of the county for
20 fifteen years immediately preceding and then or thereafter retires or is
21 retired, any member who retires or is retired at the age of seventy, and
22 any member who is retired for the good of the service under section
23 twenty-two (5), shall receive an annuity to which the sum of his deposits
24 under section twenty-four {2) A, with such interest as shall have been
25 earned thereon, shall entitle him, according to the tables adopted by the
2G board, in one of the following forms:
27 (a) A life annuity, payable monthly.
28 (6) A life annuity of less amount, payable monthly, with the pro-
29 vision that if the annuitant dies before feceiving annuity payments equal
30 to the amount used to purchase the annuity, the difference shall be paid
31 to his legal representatives.
32 C. Pensions derired from Contributions by the County. — (a) Pen-
33 sions based upon subsequent service. Any member entitled to an
34 annuity under paragraph {2) B of this section shall receive in addition
35 thereto a pension for life, payable monthly, equivalent to that annuity
36 to which he would be entitled if his annuity were figured under {2) B
37 (a) of this section, to be paid out of the fund contributed by the county
38 under section twenty-four {2) B (a).
282 COUNTY EETIREMENT SYSTEMS. [ChAP. 32.
(b) Pensions based upon prior service. Any member who reaches 39
the age of eixty and has been in the continuous service of the county for 40
fifteen years or more immediately preceding and then or thereafter 41
retires or is retired, and any member who completes thirty-five years of 42
continuous service and then or thereafter retires or is retired, shall re- 43
ceive, in addition to the annuity and pension provided for by paragraphs 44
(2) B and {2) C (a) of this section, an extra pension for life as large as 45
the amount of the annuity and pension to which he might have accjuired 46
a claim if the system had been in operation when he entered the service 47
of the county, and if accordingly he had paid regular contributions from 48
that date to the date of the establishment of the association at the same 49
rate as that first adopted by the board, and if such deductions had been 50
accumulated with regular interest. 51
If any two members are husband and wife, and one of the two retires 52
or is retired, the other may also retire, and shall be paid a retiring allow- 53
ance proportionate to the amount of his accumulated contributions to 54
the date of such retirement, or, if such allowance should be less than 55
the minimum allowance of two hundred dollars hereinafter provided 56
for, shall be paid that sum annually. 57
If the accumulated contributions of any employee retired under sec- 58
tions twenty to twenty-five, inclusive, exceed the amount required to 59
provide an annuity equal to one fourth of the average annual rate of 60
wages or salary of such employee during the last ten years prior to his 61
retirement, the excess above that amount shall be paid to such employee 62
in a gross sum with the first monthly payment on the account of his 63
retiring allowance. 64
Any employee who had already reached the age of fifty-five when the 65
retirement system was established, and also had become a member, may 66
be retired under the first paragraph of (2) C (b) of this section without 67
having completed the otherwise required service period of fifteen years. 68
In computing any pension payable for prior service, the board may esti- 69
mate, on a basis determined by them, the wages received at any period 70
for which they may deem it impracticable to consult the original records. 71
Any employee not a member who had already reached the age of 72
fifty-five when the system was established may be retired at any time, 73
and sliall be paid a pension equivalent to the minimum payment here- 74
inafter provided. 75
D. Application of Surplus. ■ — Subject to the approval of the com- 76
missioner of insurance the board may determine the application of any 77
surplus. 78
E. Minimum and Maximum Payments. — Except as otherwise pro- 79
vided, in no case shall a member, whether he has elected the form of 80
annuity provided for in paragraph (2) B (a) or (2) B (b) of tliis section, 81
be retired at such an annual rate of pension as would, wlien added to tlie 82
annual amount required to be paid from the annuity fund to a member 83
who elects the form of annuity provided for in said paragraph (J) B (a), 84
amount to a total retirement allowance of less than three hundred 85
dollars, and in no case shall a member who has elected either of the 86
aforesaid forms of annuity be retired at such an annual rate of pension 87
as would, when added to the annual amount required to be paid from 88
the annuity fund to a member who elects the form of annuity provided 89
for in said paragraph (2) B (n), amount to a total retirement allowance 90
of more than one half the average annual rate of his salary or wages 91
, during the five years prior to retirement, or, if such member resigns or is 92
Chap. 32.] ketirement systems for cities and towns. 283
93 dismissed prior to the date of retirement, during the five years prior to
94 such resignation or dismissal. For the purpose of determining the
95 maximum pension and the maximum annuity under tliis section, the
96 rate of salary or wages received by a member on the date immediately
97 preceding a period of absence without pay shall be used as the rate of
98 pay which he would have received during such absence without pay.
retirement systems for cities and towns.
1 Section 26. In sections twenty-seven to thirty-one, inclusive, unless J^jfg"*''™^^ ,
2 the context otherwise requires, the following words shall have the follow- i9ii; ssK § i.
3 ing meanings:
4 "Annuities", the payments for life derived from money contributed
5 by the members;
6 " Association ", the retirement association provided by section twenty-
7 eight;
8 " Board ", the retirement board provided by section twenty-nine;
9 "Employees", regular and permanent employees whose sole or prin-
10 cipal employment is in the service of the city or town ;
11 "Pensions", the payments for life derived from money contributed
12 by the city or town;
13 " Regular interest ", interest at three per cent per annum, compounded
14 semi-annually on the last days of January and July, and reckoned for
15 full three and six months' periods only.
16 The words "continuous service" mean uninterrupted employment;
17 but a lay-off on account of illness or reduction of force, and a leave of
18 absence,^ suspension or dismissal, followed by reinstatement within one
19 year, shall not be considered as breaking the continuity of service.
1 Section 27. Any city or town may establish a retirement system ^,'J|I^'r'|^™°*
2 for its employees by accepting sections twenty-six to thirty-one, inclusive, =y''/g'i"^-,g ^ ^
3 in the following manner: In a city, whenever a vote to accept sections 1911; sss,'
4 twenty-six to thirty-one, inclusive, has been passed by the city council, fgig, 350. § 46.
5 the following question shall then be placed upon the ballot and submitted
6 to the voters of the city at the next municipal election: "Shall sections
7 twenty-six to thirty-one, inclusive, of chapter thirty-two of the General
8 Laws authorizing the cities and towns of the commonwealth to estab-
9 lish retirement systems for their employees, be accepted?" In a town,
10 whenever a vote to accept said sections has been passed by the selectmen,
11 the said question shall then be submitted to the voters of the town at
12 the next town meeting. If a majority of the voters voting on the ques-
13 tion at the city election or at the town meeting shall vote in the affirma-
14 tive, said sections shall take effect in such city or town as hereinafter
15 provided.
16 A copy of the vote of the city council or of the selectmen, certified by
17 the city or town clerk, and a copy of the vote at the city election or at
18 the town meeting, sworn to by the local election commissioners or the
19 officers corresponding thereto, shall, within thirty days respectively after
20 the date of the latter vote, be filed in the office of the commissioner of
21 insurance. He shall forthwith issue a certificate that the retirement
22 system is declared established in said city or town, to become operative
23 on the first day of February or the first day of August following the
24 expiration of three months after the date of the certificate.
284
RETIREMENT SYSTEMS FOR CITIES AND TOWNS. [ChAP. 32.
Sections twenty-six to thirty-one, inclusive, may be altered or amended 25
from time to time, and all such alterations and amendments shall, upon 26
their passage, become binding upon cities and towns which have previ- 27
ously accepted said sections, and all contractual rights entered into by 28
and between any city or town and the employees thereof under said sec- 29
tions shall be deemed to have been entered into subject to being subse- 30
quently affected by such alterations or amendments; provided, that no 31
such alterations or amendments shall affect the rights of employees under 32
section thirty-one (2) A with reference to deposits previously made. 33
The retirement
association.
1910, 619, § .3.
1911, 338, §3.
1918, 257,
§ 126.
1919, 5.
1920, 2.
Section 28. Whenever a city or town has voted to establish a sys- 1
tem, a retirement association shall be organized as follows: 2
(1) All employees of the city or town, when the system is declared 3
established by the issue of the certificate under section twenty-seven, 4
may become members of the association. On the expiration of thirty 5
days from that time every such employee shall thereby become a member, 6
unless he shall have, within that period, sent notice in writing to the city 7
council or selectmen that he does not wish to join the association. 8
(2) All employees who enter the service of the city or town after the 9
date when the retirement system is declared established, except persons 10
who have passed the age of fifty-five, shall, upon completing thirty days 11
of service, thereby become members. Persons over fifty-five who enter 12
the service of the city or town after the establishment of the system shall 13
not become members, and no such employee shall remain in the service 14
of the city or town after reaching the age of seventy. 15
(3) No officer elected by popular vote may become a member, nor any 16
employee who is or will be entitled to a pension from the city or town for 17
any reason other than membership in the association. 18
(4) Any member who reaches the age of sixty and who has been in the 19
continuous service of the city or town for a period of fifteen years imme- 20
diately preceding may retire or be retired by the board upon recom- 21
mendation of the head of the department in which the member is em- 22
ployed, and any member who reaches the age of seventy shall be retired. 23
(5) Any member who has completed thirty-five years of continuous 24
ser\ice may retire or be retired at any age by the board upon recommen- 25
dation of the head of the department in which the member is employed, 26
if such action be deemed advisable for the good of the service. 27
The board
retirement
1910, 619.
1911, 338,
1918, 257,
§127.
1919, 5;
3.50. § 46.
1920, 2.
of
Section 29. (1) The system shall be managed by the board of re- 1
tirement, consisting of three members, one of whom shall be the city or 2
town treasurer; the second shall be a member of the association, elected 3
by the latter within sixty days after the system is declared established, in 4
a manner to be determined by the city council or selectmen; the third 5
shall be chosen by the other two. If the third member is not so chosen 6
within thirty days after the election of the second, the mayor or the 7
chairman of the selectmen shall appoint him. The initial terms of the S
second and third members shall be two jears; thereafter their terms 9
shall be three years. If a vacancy occurs in the board or if the term of 10
a member thereof expires, a successor of the person whose place has 11
become vacant or whose term has expired shall be chosen in the same 12
manner as his predecessor. 13
(2) The members of the board shall serve without compensation, but 14
they shall be reimbursed out of the contingent fund for any expense 15
or loss of salary or wages incurred tlirough service on the board. All 16
Chap. 32.] retiremext systems for cities and towns. 285
17 claims for reimbursement on this account shall be subject to the approval
18 of the city council or selectmen.
19 (3) The city or town treasurer shall have custody of the funds of the
20 system, subject to the approval of the board, and shall invest and rein-
21 vest the same, and may sell any securities held by him and invest and
22 reinvest the proceeds and any and all unappropriated income of said
23 funds; provided, that all funds received by him not required for current
24 disbursements shall be invested in accordance with the laws relating to
25 the investment of the funds of savings banks, giving preference to securi-
26 ties of the city or town in which the system has been established.
27 (4) The board may make by-laws and regulations consistent with law,
28 and employ necessary clerical or other assistance for the performance of
29 its duties, subject to the approval of the city council or selectmen.
30 (5) The board shall determine the percentage of wages that em-
31 ployees shall contribute to the fund, subject to the minimum and maxi-
32 mum percentages, and may classify employees for the purposes of the
33 system, and establish within the prescribed limits different rates of con-
34 tribution for different classes.
35 (6) The cit\- or town treasurer shall annually in February, unless for
36 cause the commissioner of insurance shall extend the time, file in the
37 office of the commissioner a sworn statement, showing the financial con-
38 dition of the system of his city or town on the thirty-first day of the
39 preceding January and its financial transactions for the year ending
40 thereon. The statement shall be in the form, and shall give the details,
41 prescribed by the commissioner.
1 Section 30. The funds of the system shall be raised as follows: J!,'-"^'^ • ''°"
1910, 619, §5.
1911,338. §5.
(1) Expense and Contingent Fund. fi'ls""'
1919 5
2 The city or town shall appropriate annually the amount necessary to 1920! 2'.
3 defray the whole expense of administration, according to estimates pre-
4 pared by the city or town treasurer.
(2) Annuity and Pension Fund.
5 A. Deposits by Members. — Each member shall deposit in this fund
6 from his wages or salary, as often as the same are payable, not less than
7 one nor more than five per cent of the amount of his wages or salary, as
8 determined by the board under section twenty-nine (5); provided, that
9 employees receiving more than thirty dollars weekly in wages or salary
10 shall not be assessed for contribution to this fund on the excess above
11 that amount.
12 B. Contributions by the City or Town. — The city or town shall con-
13 tribute the following:
14 (a) Every month, such amount as the board may determine to be
15 necessary to pay current pensions for subsequent service under section
16 thirty-one {2) C (a);
17 (6) Every year, in February, the amount necessary to guarantee regu-
18 lar interest and make good any deficiency in the annuity fund as of the
19 preceding thirty-first day of January;
20 (o) Every month, such amount as the board may determine to be
21 necessary to pay current pensions for prior service under section thirty-
22 one (2) C {b);
28Q RETIREMENT SYSTEMS FOR CITIES AND TOWNS. [ChAP. 32.
(d) Every month, such amount as the board may determine to be nee- 2.3
essary to insure the minimum payments under section thirty-one (2) E; 24
(e) Every year, by appropriation, the amount necessary to defray the 2.5
contributions to be made by it under paragraphs (3) B (a), {b), (c) and 26
(f/) of this section, according to estimates prepared by the city or town 27
treasurer. 28
(.3) Provisions for Payments.
All amounts payable by members under paragraph (2) A of this section 29
shall be deducted by the city or town from the amounts payable to them 30
as wages or salary, as often as the same are payable, and shall be credited 31
immediately to the retirement fund by the city or town treasurer. 32
Administration SECTION 31. Thc citv or towu trcasuTcr shall administer the funds of 1
of funds. ^ —
1910, 619, § 6.
1911, 338. § 6.
191S, 257.
§§ 129-132
the system as follows: 2
1919,
§46
5; 350, (/) Expense and Contingent Fund.
1920,2. rpj^g f^jjj^i provided under section thirty (1) shall be iised,_ so far as 3
necessary, for the payment of the expenses of administration. Any 4
unused portion shall be repaid into the city or town treasury. If the 5
amount appropriated for the expense and contingent fund in any year 6
should prove insufficient, the city or town shall appropriate in the follow- 7
ing year an additional sum to cover the deficit. 8
{2) Annuity and Pension Funds.
A. Refunds. — (a) Should a member cease to be an employee of the 9
city or town for any cause other than death before becoming entitled 10
to a pension, there shall be refunded to him all the money that has 11
been paid in by him under section thirty (2) A, with regular interest. 12
(6) Should a member die before becoming entitled to a pension, 13
there shall be paid to his legal representatives all the money that has 14
been paid in by him under section thirty {2) A, with such interest as 15
shall have been earned thereon. 16
B. Annuities from Employees' Deposits. — Every member who 17
reaches the age of sixty and has been in the continuous service of the 18
city or town for fifteen years immediately preceding and then or there- 19
after retires or is retired, every member who retires or is retired at the 20
age of seventy, and every member who is retired for the good of the 21
service under "section twenty-eight (.5), shall receive an annuity to which 22
the sum of his deposits under section thirty (2) A, with regular interest, 23
shall entitle him, according to the tables adopted by the board, in one 24
of the following forms: 25
(a) A life annuity, payable monthly. _ 26
(b) A life annuity, payable monthly, with the provision that in the 27
event of the death of the annuitant before receiving payments equal 2S
to the sum at the date of his retirement of his deposits under section 29
thirty (2) A, with regular interest, the difference shall be paid to his 30
legal" representatives; provided, that this form of annuity shall not.be 31
paid unless the amount of his accumulations will provide an annuity of 32
one hundred dollars or more. ^'^
C. Pensions derived from Contributions by the City or Town. — (a) 34
Pensions based ui)on subsequent service. Any member entitled to an 35
annuity under paragraph (J) B of this section shall receive in addition 36
Chap. 32.] retirement systems. 287
37 thereto a pension for life, payable monthly, equivalent to that annuity to
38 which he would hv entitled if his annuity were figured under (;?) B («)
39 of this section, to be paid out of the fund contributed by the city or
40 town under section thirty (2) B (a).
41 (6) Pensions based upon prior service. Any member who reaches the Op. a. g.
42 age of sixty and has been in the ci>ntinuous service of the city or town
43 for fifteen years or more immediately preceding and then or there-
44 after retires or is retired, shall receive, in addition to the annuity and
45. pension provided by paragraphs (2) B and (2) C (a) of this section, an
4() extra pension for life as large as the amount of the annuity to which he
47 might have acquired a claim if the system had been in operation at
48 the beginning of such period of continuous service, and if accordingly
49 he had paid regular contributions from that date to the date of the
50 establishment of the association at the same rate as that first adopted
51 by the board and if such deductions had been accumulated with regular
52 interest.
53 Any employee who had already reached the age of fifty-five when the
54 system was established, and also had become a member, may be retired
55 under the preceding paragraph without having completed the otherwise
5(i required service period of fifteen years.
57 In computing any pension payable for prior service, the board may
58 estimate, on a basis determined by them, the wages received at any
59 period for which they may deem it impracticable to consult the original
()0 records.
(il Any employee not a member who had already reached the age of
(12 fifty-five when the system was established may be retired at any time,
63 and shall be paid a pension equivalent to the minimum payment herein
64 provided for.
65 If the accumulated contributions of any employee retired under
(')(■) sections twenty-six to thirty-one, inclusive, exceed the amount required
67 to provide an annuity equal to one fourth of the average annual rate of
68 wages or salary of such employee during the last ten years prior to his
69 retirement, the excess shall be paid to such employee in a gross sum
70 with the first monthly payment on the account of his retiring allowance.
71 D. Application, of Surplus. — Subject to the approval of the com-
72 missioner of insurance, the board may determine the application of any
73 surplus.
74 E. Minimum and Maximum Payments. — The total monthly pay-
75 ment to a member shall not be at a rate of less than two hundred dollars
76 a year, or of more than one half the average annual rate of wages or
77 salary of the member during the ten years prior to his retirement.
GENERAL PROVISIONS.
1 Section 32. In any association provided by the preceding sections. Certificates of
2 except the teachers' retirement association, the board shall issue to each Policies.
3 member a certificate of membership and to each member who retires 1911! 338! §6-
4 or is retired a policy which shall be evidence of his right to an annuity ^^i^ \ 0'
5 or a pension.
1 Section 33. Should there be due to the estate of a deceased member Paymenta to
2 of any of the retirement associations established under the preceding deceased
3 sections, except sections one to five, inclusive, any sum of money payable "yTs^'is''
4 from the funds of the association, the same shall be paid to his legal repre- JUJ^' |^|; ^ ^
§ 134.
288
RETIREMENT SYSTEMS.
[Chap. 32.
1919, 5;
292, § 19 (5).
1920, 2.
1930, 335, § 4.
sentatives ; provided, that if the sum so due does not exceed three hundred 5
dollars if due from the funds of the teachers' retirement association, or one 6
hundred dollars if due from the funds of any other such association, and 7
there has been no demand therefor by a duly appointed executor or 8
administrator, payment may be made, after the expiration of three months 9
from the date of the death of such member, to the persons appearing, 10
in the judgment of the board, to be entitled thereto, and such payment 11
shall be a bar to recovery by any other person. 12
Supervision
by commis-
sioner of
insurance.
1910, 619, 5
1911, 532, §
634, § 8.
1913, 832, §
1919, 350, §
1930, 238,
§§ 2, 3.
Section 34. The commissioner of insurance shall prescribe for the
state retirement system, the retirement system for teachers and for
8. each county, city and town retirement system one or more mortality
tables, and fix the rates of interest to be used in connection therewith,
46. and may later modify such tables or prescribe other tables to represent
more accurately the expense of such retirement systems, or may change
the rates of interest and determine the application of such changes.
He shall also prescribe and supervise methods of bookkeeping of their
retirement associations.
The commissioner or his agent shall at least once every year thoroughly
inspect and examine the affairs of each such retirement association to
ascertain its financial condition, its ability to fulfil its obligations, whether
all the parties in interest have complied with the laws applicable thereto,
and whether the transactions of each board of retirement have been in
accordance with the rights and equities of those in interest. Each such
retirement system shall be credited, in the account of its financial con-
dition, with its investments having fixed maturities upon which the
interest is not in default at amortized values, and its other investments at
a reasonable valuation.
For the purposes aforesaid, the commissioner or his agent shall have
access to all the securities, books and papers of such retirement systems,
and may summon and administer oath to and examine any person rela-
tive to the financial affairs, transactions and condition of the retirement
system. The commissioner shall preserve in a permanent form a full
record of the proceedings at such examination and the results thereof.
Upon the completion of such examination, verification and valuation, the
commissioner shall make a report in writing of his findings to the board,
and shall send a copy thereof to the governor and council, the county
commissioners, the city council or the selectmen, as the case may be.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
IG
17
18
19
20
21
22
23
24
25
26
27
28
29
Section 35. If, in the judgment of the commissioner of insurance, the
Violations of
state or
teachers' retire- Commonwealth, the state board of retirement or the teachers' board of
ment law . i • i i t i 1*1 • • i»
or rules. retirement has violated or neglected to comply with any provision ot sec-
1918', 257,' ■ tions one to nineteen, inclusive, or the rules and regulations established
§§ 109, 116,
1919, 5;
350, § 46.
1920, 2.
thereunder, he shall give notice thereof to the governor and to the board,
and thereafter, if such violation or neglect on the part of the board con-
tinues, shall forthwith present the facts to the attorney general for action.
violations of
county or
municipal
retirement
law or rules.
1910, 619, § 9.
1911, 634, §9.
191S, 257,
§§ 12.5, 133.
1919, 5;
3.10, § 46.
1920, 2.
Section 36. If, in the judgment of the commissioner of insurance,
the county, city or town or the board of retirement thereof has violated
or neglected to comply with any provision of sections twenty to thirty-
one, inclusive, or of the rules and regulations established thereunder,
he shall give notice thereof to the county commissioners or the mayor
or the chairman of the selectmen and to tiie board of retirement, ami
Chap. 32.] pensions. 289
7 thereafter, if such viohition or neglect continues, shall forthwith present
S the facts to the attorney general for action.
1 Section 37. The funds of every retirement system established fronTiiaHon,
2 under the preceding sections, so far as they are invested in personal ^I'd ass'i^n-^
3 property, shall be exempt from taxation. igio'^ig. § 7.
4 That portion of the wages of a member deducted or to be deducted i!|i''j^32; § i-.
5 under the preceding sections, the right of a member to an annuity or igiis, 832, § 8.
G pension, and all his rights in the funds of the retirement system shall be
7 exempt from taxation and from the operation of any law relating to
S bankruptcy or insolvency, and shall not be attached or taken upon
9 execution or other process. No assignment of any right in or to said
10 funds, annuities or pensions shall be valid.
1 Section 38. The superior court shall have jurisdiction in equity, J'^'='?>^''''°f'/
-" "! 10.
ilO;
2 upon petition of the commissioner of insurance or any interested party, wio, 6i9,
3 to compel the observance and to restram the violation ot any provision e.M, § lo.
4 of sections one to thirty-one, inclusive, and of the rules and regulations 1919; 350,' § 4g:
5 established thereunder.
private associations for providing pensions.
1 Section 39. Employees, officers and agents of any person and the Association
2 person by whom they are employed may form an association for the pTnsk^n" ^
3 purpose of providing annuities, pensions or endowments for employees ^'*^°' ^^^' ^ ''
4 retiring from their employment on account of age, under a system by
5 which the participating employees contribute to the funds of the associa-
(■) tion a percentage or portion of their salaries or wages as fixed by the
7 by-laws of the association, to be deducted by the employer and paid to
8 the association, and the employer contributes to the funds of the associa-
9 tion in the manner and to the extent fixed in said by-laws. The funds so
10 provided shall be held by trustees independently of other funds of the
1 1 employer, for the purchase or payment of annuities, pensions or endow-
12 ments to participating employees upon their retirement from service on
13 account of age, for the payments to the representatives or appointees
14 of any participator dying before reaching the age of retirement, for the
15 payment to any participator retiring from service before becoming en-
16 titled to a pension or annuity and for the payment of the expenses of
17 the administration. An association formed under the authority of this
IS section shall not be subject to chapter one hundred and seventy-five or
19 to such other provisions of law as relate to insurance companies or asso-
20 ciations, except as provided by this and the following section.
1 Section 40. The by-laws of e\-ery such association shall be approved ftatlfments.'^
2 by the commissioner of insurance, and shall prescribe the manner in J^}^' jj^; | |g
3 which and the officers and agents by whom the association may be con-
4 ducted and the manner in which its funds may be invested and paid out.
5 Such association shall be deemed to be formed when its by-laws have
6 been approved and agreed to by the employer and by the employees by
7 vote of two thirds of all employees present and voting at a meeting
8 called by the employer for the purpose, and have been approved by
9 said commissioner. Such association shall annually, on or before Febru-
10 ary first, report to the commissioner such statements of its membership
11 and financial transactions for the year ending on the preceding thirty-
290
PENSIONS.
[Chap. .32.
first day of December as the commissioner may consider necessary 12
to show its business and standing. Said commissioner may verify such 13
statement by an examination of the books and papers of the association; 14
and whoever, having charge or custody of said books and papers, neglects 15
to comply with this section shall be punished by a fine of not more than 16
five hundred dollars. 17
Exemption
from taxation,
attachments
and assign-
ments.
1910, 559, § 3.
1918, 257,
§ 136.
1919, 5.
1920, 2.
Section 41. The property of every such association, the portion of 1
the wages or salary of an employee deducted or to be deducted under 2
the two preceding sections, the right of an employee to an annuity, 3
pension or endowment, and all his rights in the funds of the association, 4
shall be exempt from taxation and from the operation of any law relating 5
to bankruptcy or insolvency, and shall not be attached or taken on 6
execution or other process to satisfy any debt or liability of the emploj'er 7
or of any member of the association. 8
No assignment of any right in or to said funds or of any pension, 9
annuity or endowment payable under section thirty-nine or forty shall 10
be valid. 11
Municipal
pensions
for teachers.
1908. 498,
§§1,3,4.
1913, 832. § 16.
MUNICIPAL PENSIONS FOR TEACHERS.
Section 42. In any city or town, except Boston, which accepted 1
chapter four hundred and ninety-eight of the acts of nineteen hundred 2
and eight, the pension fund established for the retirement of teachers in 3
the public schools shall be derived from such revenues as may be assigned 4
thereto by the city council of a city or by direct appropriation by a 5
town. The treasurer of the city or town shall be the custodian of the 6
fund, and shall make annual or semi-annual payments therefrom to 7
such persons and of such amounts as shall be certified to him by the 8
school committee. 9
Same subject.
1908, 498, § 2.
Section 43. The school committee of any such city or town may 1
retire from active service and place upon the pension roll any teacher 2
of such city or town who is sixty or over or who, in the judgment of said 3
committee, is incapacitated for useful service, and who has faithfully 4
served such city or town for twenty-five years. The amount of the 5
annual pension allowed to any person under this and the preceding (i
section shall not exceed one half of the annual compensation received 7
by such person at the time of such retirement, and in no case shall it 8
exceed five hundred dollars. 9
Municipal
pensions for
MUNICIPAL pensions FOR SCHOOL JANITORS.
Section 44. The school committee, official, board or other body
school janitors, having coutrol of janitors employed in public schools of cities and towns
1919, 143,
§§ 1,2.
258 Mass. 72.
which accept this section, as provided in the following section, or have
accepted corresponding provisions of earlier laws, may retire, with an
annual pension, any janitor so employed who has reached the age of
sixty, after completing a service of not less than twenty-five years, and
is physically incapacitated. The pension shall be one half the com-
pensation to which the pensioner would have been entitled for full
employment during the last year of his service, but not more than five
hundred dollars a year, and shall be payable out of the appropriation 10
for the support of public schools, maintenance of school buildings or 11
payment of janitors. 12
Chap. 32.] pensions.
291
1 Section 45. The preceding section shall not apply to the city of ^,5|;"g^ f^^ject
2 Boston, but shall apply to any other city upon its acceptance by the 258 Mass. 72.
3 mayor and city council thereof and to any town having a population
4 of ten thousand or more, according to the state census last preceding its
5 submission to the town, upon its acceptance by the town at a meeting.
PENSIONS FOR PRISON EMPLOYEES.
1 Section 46. The commissioner of correction may, with the approval p;,^"^.'"'
2 of the governor and council, retire from active service and place upon a 5'^"o^"|oi 5 ,
3 pension roll any officer of the state prison, the Massachusetts reformatory, 1911! erj. 1 1.
4 the prison camp and hospital, the state farm, the reformatory for women 27x ' '
5 or any jail or house of correction, or any person employed to instruct the §§ m, ss.
6 prisoners in any prison or reformatory, as provided in section fifty-two of ig^e. 343. 1 7.
7 chapter one hundred and twenty-seven, or any other employee of the op^Yg'.^"*^'
8 state prison, the Massachusetts reformatory or the prison camp and dsisj 63.
9 hospital, who has attained the age of sixty-five and who has been em-
10 ployed in prison service in the commonwealth, with a good record, for
11 not less than twenty years; or who, without fault of his own, has become
12 permanently disabled by injuries sustained in the performance of his
13 duty; or who has performed faithful prison service for not less than thirty
14 years; provided, that no officer of any jail or house of correction shall so
15 be retired except upon the recommendation of the sheriff and county
16 commissioners of the county, except in the county of Suffolk, where the
17 recommendation as to the officers of the jail shall be made by the sheriff
IS and the mayor of Boston, and, as to the officers of the house of correction,
19 by the penal institutions commissioner and the mayor of Boston: and
20 provided, that no such officer, instructor or employee shall be retired
21 unless he began employment as such in one of the above named in-
22 stitutions, or as an officer or instructor in one of those named in the
23 following section, on or before June seventh, nineteen hundred and eleven.
24 The word "officer", as used in this and the two following sections, shall
25 extend to and include prison officer, correction officer and matron.
1 Section 47. An officer, instructor or employee in any institution Computation
2 named in the preceding section shall, for the purpose of retirement there- service.
3 under, be credited with all the time which he has served as such in any I920; 46i.'
4 of said institutions, or as an officer or instructor at the industrial or
5 Lyman school for boys, the industrial school for girls, the Suffolk school
6 for boys or any county training school, if he has not been discharged for
7 misconduct from any of said institutions, or, if so discharged, it was
8 afterward found that he was not at fault; and the restoration to duty
9 or reappointment in the institution from which he was discharged shall
10 be sufficient evidence for his exoneration.
1 Section 48. An officer, instructor or employee who is retired under Amount o!
2 section forty-six shall be allowed a pension equal to one half of the salary 1908, eoi, § 3.
3 which he was receiving at his retirement. The pension, in the case of
4 an officer, instructor or employee of the state prison, Massachusetts
5 reformatory, prison camp and hospital, state farm or reformatory for
6 women, shall be paid in monthly instalments by the commonwealth;
7 and in the case of an officer or instructor of a jail or house of correction,
8 the pension shall be paid in monthly instalments by the county.
292
PENSIONS.
[Chap. 32.
VETERANS OF THE CIVIL WAR.
Xr*vdce'oV° Section 49. A veteran of the civil war in the service of the common-
igoT^ws^"^'"*' ^^'^^'I'th, if incapacitated for active duty, shall be retired from active serv-
1915! 95. ice, with the consent of the governor, at one half the rate of compensation
i93i!394,'§204. paid to him when in active service, to be paid by the commonwealth;
...P:,, ... provided, that no veteran shall be retired under this section unless he
shall ha\'e been in the service of the commonwealth at least ten vears.
119. 128, 141.
494.
4 Op. A. G. 54.
1
2
4
5
0
But if, in the opinion of the governor and council, any veteran of the 7
civil war, after five years in said service, is incapacitated to such a degree 8
as to render his retirement necessary for the good of the service, he may 9
so be retired. A veteran otherwise qualified for retirement under this 10
section, whose term of service was for a fixed number of years which has 11
expired, or whose office has been abolished, shall be entitled to its benefits, 12
without reappointment, from the date of incapacitation, said date to be 13
determined by the governor and to be certified by him to the comptroller. 14
Veterans in
service of
countv.
1909, 398.
1910, 459.
Section 50. A veteran of the civil war in the service of any county,
if incapacitated for active duty, may be retired from active service by
the county commissioners, with the consent of the governor, at one
half the rate of compensation paid to him when in active service, but
not to exceed eight hundred dollars a year, to be paid by the county;
provided, that no veteran shall be retired under this section unless he
shall have been in the service of the county at least ten years and shall
have arrived at the age of sixty-five. But if, in the opinion of the gover- 8
nor and council, any veteran of the civil war in said service is incapaci- 9
tated to such a degree as to render his retirement necessary for the good 10
of the service, he may so be retired at any time. 1 1
Veterans in
service of
soldiers' home.
1913, 642.
1920, 204.
Section 51. A veteran of the civil war who has been in the service
of the soldiers' home in Massachusetts for fifteen years, if incapaci-
tated for active service, may be retired by the trustees of the home, with
the consent of the governor and council, at one half the average rate of
compensation paid to him during the two years immediately preceding
his retirement.
Veterans in
municipal
service.
1912, 447, § 1.
258 Mass. 559.
271 Mass. 495.
Section 52. A veteran of the civil war who has been in the service
of any city or town for ten years, if incapacitated for active duty, may be
retired from active service by the city council or the selectmen at one
half the rate of the average compensation paid to him during the two
years immediately preceding his retirement.
Veterans em-
ployed jointly
by two towns.
1912, 447, 5 2.
Section 53. A veteran of the civil war who is employed jointly by 1
two municipalities, if incapacitated for active duty, may be retired from 2
active service by the joint action of the governing bodies thereof, whether 3
the city council or selectmen, as the case may be, at one half the rate 4
of the average compensation paid to him during the two years immedi- 5
ately preceding his retirement, one half of the .said retiring compensation 0
to be paid by each of the municipalities employing him; provided, that 7
no veteran shall be retired under this section unless he has been in the 8
service of the two municipalities, as aforesaid, for a period of not less 9
than ten years preceding the time of his retirement. But a period of 10
employment by either one of said municipalities immediately preceding 11
Chap. .•52.] pensions. 293
12 his employment by both jointly shall be reckoned as a part of the said
13, ten years.
1 Section 54. The two precedins: sections shall be in effect in any Acceptance of
,.,, r»i* •! ■ J I'lj.^ t^'*^ preceding
2 City which by vote ot the city council or in any town which at a town sections.
3 meeting accepts them or has accepted corresponding provisions of earlier ""^' ** '
4 laws.
1 Section 55. The action of any city council in regard either to the Acceptance
2 acceptance of sections fifty-two and fifty-three or to the retiring of any mayors veto.
3 veteran under authority thereof shall be subject to veto by the mayor ''^'^' **^'
4 and to passage over his veto in the manner provided by the charter of
5 the city.
VETER.VNS OF SPANISH AND WORLD WARS.
1 Section 56. A person who has ser\-ed in the army, navy or marine Retirement if
2 corps of the Ignited States in the Spanish war or Philippine insurrection igla's'Jt'*' '
3 between April twenty-first, eighteen hundred and ninety-eight, and 1922. 26i.
4 July fourth, nineteen hundred and two, or in the world war between ^j l\^- ^'^^■
5 April sixth, nineteen hundred and seventeen, and November eleventh, '^^goo^^io
6 nineteen hundred and eighteen, and has been honorably discharged
7 from such service or released from active duty therein, in sections fifty-
8 six to sixty, inclusive, called a veteran, who is in the service of the com-
9 monwealth, or of any county, city, town or district thereof, shall be
10 retired with the consent of the retiring authority, if incapacitated for
11 active service, at one half the regular rate of compensation paid to him
12 at the time of retirement, and payable from the same source; provided,
13 that he has been in the said service at least ten years, has reached the
14 age of fifty, and has a total income from all sources, exclusive of such
15 retirement allowance and of any sum received from the government of
16 the United States as a pension for war service, not exceeding five hundred
17 dollars.
1 Section 57. A veteran who has been in the service of the common- Same subject.
2 wealth, or of any county, city, town or district thereof, for a total period 1923! sse!
3 of ten years, may, upon petition to the retiring authority, be retired, in 267 MaS: 1.
4 the discretion of said authority, from active service, at one half the
5 regular rate of compensation paid to him at the time of retirement, and
6 payable from the same source, if he is found by said authority to have
7 become incapacitated for active service; provided, that he has a total
8 income, from all sources, exclusive of such retirement allowance and of
9 any sum received from the go\erninent of the United States as a pension
10 for war service, not exceeding five hundred dollars.
1 Section 58. A veteran who has been in the service of the common- Retirement
2 wealth, or of any county, city, town or district, for a total period of years' service.
3 thirty years, shall, at his own request, with the approval of the retiring ilful^: i.*'
4 authority, be retired from active service at one half the regular rate of
5 compensation paid to him at the time of retirement, and payable from
6 the same source.
1 Section 59. The words "retiring authority", as used in sections "Retiring_
2 fifty-six to sixty, inclusive, shall mean, as to the commonwealth, the defined"*
294
1920, 574, § 5.
1931,426, § 141
2,52 Mass. 213.
267 Ma33. 1.
PENSIONS.
[Chap. 32.
governor; as to a county, the county commissioners; as to a city, the .3
mayor; as to a town, the selectmen; as to any district under the juris- 4
diction of the metropoHtan district commission, said commission; and 5
as to all other districts, the governing boards thereof. 6
Acceptance of SECTION 60. Sections fifty-six to fifty-nine, inclusive, shall not take 1
sect'ions?'etc°* cficct in any county, city, town or district until accepted by the retiring 2
§f6,'7^.^*' authority of the particular county, city, town or district, nor shall they 3
2.52 Mass. 213. ^pp]y ^Q veterans who are members of the police department of Boston. 4
1930, 161.
ARMY NURSES.
Certain army SECTION 60A. A pcrson who has Served as an army nurse in the
public service Spanish war or Philippine insurrection between April twenty-first,
menrrlghtTS eighteen hundred and ninety-eight and July fourth, nineteen hundred
vet'eriTns. and two, or in the world war between April sixth, nineteen hundred and
seventeen and November eleventh, nineteen hundred and eighteen, and
has been honorably discharged from such service or released from active
duty therein, and who is in the service of the commonwealth, or who is
in the service of any city, town or district which by its retiring authority,
as defined in section fifty-nine, has accepted the pro\isions of sections
fifty-six to fifty-nine, inclusive, and shall hereafter accept the provisions 10
of this section, shall have and enjoy the same rights and privileges of 11
retirement as are conferred by said sections fifty-six to fifty-nine, inclu- 12
sive, upon veterans, as defined in section fifty-six, who are in such public 13
service. ■'■'*
PENSIONS FOR JUSTICES AND COURT OFFICERS.
§1.
§ 10.
§1.
Pensions for
justices and
judges of
supreme and
probate courts.
1885, 162.
18S7, 420.
1899, 310,
R, L. 158,
1906, 474,
1908, 179.
1910, 540,
§§ 1.3.
1911, 527.
1918, 257,
§§ 95, 96.
1919, 5; 288,
5 2:301, §7.
1920, 2.
1921,486, §3.
1931.426,
§S 142, 147.
2 0p. A. G.S2
Section 61. Any justice of the supreme judicial court appointed
before June tenth, nineteen hundred and twenty-three, or any judge of
probate and insolvency appointed before July second, nineteen hundred
and twenty-one, who, having attained the age of seventy and ha\'ing
served as such for at least ten consecutive years, shall resign his office,
or who shall be retired under Article LVIII of the amendments to the
constitution, shall thereupon be entitled to receive a pension at an annual
rate equal to three fourths the annual rate of salary payable to him im-
mediately prior to said June tenth in case he resigns or is retired from the
office of justice of the supreme judicial court, or immediately prior to
December first, nineteen hundred and twenty-six in case he resigns or is
retired from the office of judge of probate and insolvency, to be paid by 12
the commonwealth in the same manner as the salaries of justices or 13
judges of said courts. 1^
9
10
11
Same subject.
1899, 310. § 2.
H. L. 158, § 1
1906, 474, 5 2,
1910, 540,
§§ 2, 3.
1931, 426,
5§ 143, 147.
Section 62. Any justice of the supreme judicial court appointed
i. before June tenth, nineteen hundred and twenty-three, or any judge of
probate and insolvency appointed l)efore July second, nineteen hundred
and twenty-one, who, having attained the age of sixty and having served
as such for at least fifteen consecutive years, shall have become disabled
for the full performance of his duties as such justice or judge by reason
of illness or otherwise, may, with tlie approval of the governor and coun-
cil, resign his office, and shall thereupon be entitled to receive the same
pension as provided in the preceding section, payable in the manner pro-
vided therein.
1
2
3
4
5
6
7
8
9
10
CbLIP. 32.] PENSIONS. 295
1 Section 63. Any justice of the supreme judicial court appointed on Pensions for
2 or after June tenth, nineteen hundred and twenty-tln-ee, or any justice of judgero?'"^
3 the superior court or judge of the land court whenever appointed, or any supcrbr!"
4 judge of probate and insolvency appointed on or after July second, nine- f/ndMu"t3^
5 teen hundred and twenty-one, who shall be retired under Article LVIII l?^"'!-^'
6 of the amendments to the constitution shall on retirement be entitled to i92i', 486, § 4;
7 receive a pension at an annual rate equal to one half the annual rate of 1931, 426,
8 salary which a like justice or judge was entitled to receive immediately ^^ ^**' '*^'
9 prior to the effective date of chapter six hundred and twenty-seven of the
10 acts of nineteen hundred and twenty in case of the retirement of such a
11 justice of the supreme judicial court or a justice of the superior court or
12 judge of the land court, or immediately prior to said July second in case
13 of the retirement of such a judge of probate and insolvency, to be paid
14 by the commonwealth in the same manner as the salaries of justices or
15 judges of said courts. Sections one to five, inclusive, shall not apply to
16 justices or judges of any of said courts.
1 Section 64. The chief justice and any associate justice of the munic- Justices of
2 ipal court of the city of Boston who shall be retired under Article LVIII Tm7"o{^
3 of the amendments to the constitution shall on retirement be entitled to f9Ti°23i, 5 1.
4 receive a pension at an annual rate equal to one half the annual rate of {93?; 426, ^ '■
5 salary which a like justice was entitled to receive immediately prior to ^^ ^*^- ^*^-
6 the effective date of chapter six hundred and fourteen of the acts of nine-
7 teen hundred and twenty, to be paid by the county of Suffolk in the same
8 manner in which the salaries of acting justices are paid; provided, that
9 the foregoing shall not apply in case of the retirement as aforesaid of any
10 such justice who shall have been a member of the Boston retirement
11 system, established under chapter five hundred and twenty-one of the
12 acts of nineteen hundred and twenty-two.
1 Section 65. Any justice of a district court, other than the municipal dS'ricTco'urts.
2 court of the city of Boston, appointed before July second, nineteen hun- JliJ- 682. § 1.'
3 dred and twenty-one, who shall have reached the age of seventy and shall 1923! 479! s 3.
4 have served as a justice of such court for at least twenty consecutive §§ ue.'u?.
5 years, may, with the approval of the governor and council, resign his
6 office, and any such justice who so resigns, or any justice of any such
7 court appointed as aforesaid who shall be retired under Article LVIII
8 of the amendments to the constitution, shall thereupon be entitled to
9 receive a pension at an annual rate equal to three fourths the annual rate
10 of salary payable to him immediately prior to January first, nineteen
11 hundred and twenty-four, to be paid in the same manner in which the
12 salaries of acting justices are paid. Any justice of any such court ap-
13 pointed on or after July second, nineteen hundred and twenty-one, who
14 shall be retired under said Article LVIII, shall on retirement be entitled
15 to receive a pension at an annual rate equal to one half the annual rate of
16 salary which the justice of said court was entitled to receive immediately
17 prior to said July second, and payable in like manner; provided, that the
18 foregoing shall not apply in case of the retirement as aforesaid of any
19 such justice appointed on or after said July second who shall have been
20 a member of the Boston retirement system established under chapter
21 five hundred and twenty-one of the acts of nineteen hundred and twenty-
22 two. Sections twenty to twenty-five, inclusive, shall not apply to the
23 justices of such district courts.
296
PENSIONS.
[Chap, 32.
Pensions for
court officers.
1912, 722, § 1.
1923, 407, 5 3.
Section 66. Any court officer of the supreme judicial or superior 1
court who, in the judgment of the sheriff of his county, is disabled for 2
useful service in either of said courts, and who is certified by a physician, 3
designated by the sheriff, to be permanently incapacitated, either men- 4
tally or physically, by injuries sustained through no fault of his own, 5
in the actual performance of his duty in said court, and any court 6
officer of either of said courts who has performed faithful service in either 7
or both of said courts for not less than twenty years, and who in the 8
judgment of the sheriff of his county is incapacitated for further ser\'- 9
ice in said courts, shall, if the sheriff' so requests, with the approval of a 10
majority of the justices of the court in which he serves, be retired, and 11
shall annually receive a pension equal to one half of the compensation 12
received by him at the time of his retirement. 13
Pensions and
expenses,
how paid.
1912, 722, 5 2.
Section 67. Pensions granted under the preceding section and all 1
expenses connected therewith shall be paid by the commonwealth and 2
the several counties to the same extent and in the same proportion as 3
the salaries of the pensioners were paid at the time of their retirement. 4
Pensions for
state police.
1911, 675.
1919, 350,
§§ 99, 102.
1921, 487, §
Op. A.G.
(1920) 198.
PENSIONS FOR STATE POLICE.
Section 68. Any officer or inspector of the department of public 1
safety, who began continuous service prior to July first, nineteen hundred 2
and twenty-one, if in the judgment of the commissioner of public safety 3
he is disabled for useful service in the department and a physician desig- 4
nated by said commissioner certifies that he is permanently incapacitated, 5
either physically or mentally, for the further performance of his duty in 6
the department, by injuries sustained through no fault of his own in the 7
actual performance of his duty, or any such officer or inspector of said 8^
department who has performed continuous faithful ser\-ice for the com- 9
monwealth for not less than twenty years, if in the judgment of said 10
commissioner he is incapacitated for further service as a member of the 11
department, shall, if he so requests, be retired, and shall annually receive 12
a pension from the commonwealth equal to one half the compensation 13
received by him at the time of his retirement. Said commissioner may 14
in an emergency call upon any person so pensioned for such temporary 15
service as a member of the department as he may be fitted to perform, and 16
during such service there shall be paid to him the difference between the 17
rate of full pay for such employment and the rate of pension received by 18
him. Any former inspector of the district police transferred to the state 19
board of labor and industries under authority of section eight of chapter 20
seven hundred and twenty-six of the acts of nineteen hundred and 21
twelve shall, for the purposes of this section, be deemed an inspector of 22
the department of public safety. 23
Penaions for
permanent
members.
1909, 453,
8§1,3.
1919, 350,
§ 123.
1921, 487, i 2.
PENSIONS FOR METROPOLITAN POLICE.
Section 69. The metropolitan district commission shall, at the re- 1
quest of any permanent member of its police department who began 2
continuous service prior to July first, nineteen hundred and twenty-one, 3
if in the judgment of said commission he is disabled for useful service in 4
said department, retire from active service and place ujion a pension roll 5
such member if a physician selected by the commission certifies in writing 6
that he is permanently disabled, either mentally or physically, by in- 7
juries sustained through no fault of his own in the actual performance 8
Chap. 32.] pensions. 297
9 of his duty, from further performing duty as such member, or any such
10 permanent member of said licpartmont who has performed faithful
11 continuous service therein for not less than twenty years, if in the judg-
12 ment of the commission said member is incapacitated for useful service
13 as a police officer; and every member so retired shall annually receive
14 as a pension one half the amount of compensation received by him at the
15 time of his retirement. The commission may in case of emergency
16 call upon any person pensioned under this section for such temporary
17 service as a police officer as he may be fitted to perform, and during such
18 service there shall be paid to him the difference between the rate of full
19 pay for such employment and the rate of pension received by him.
1 Section 70. The commission may, at the request of any call officer, p«,^^^^"^^^J°''
2 if in its judgment he is disabled for useful service as such call officer, re- iqib? sa § 3.
3 tire him from active service and place him upon the pension roll; pro- §123.
4 vided, that a physician selected by the commission certifies in writing
5 that such officer is permanently disabled, either mentally or physically,
6 and that by reason of injuries sustained through no fault of his in the
7 actual performance of his duty as a call officer he is unable further to
8 perform his duty as such officer; and every member so retired shall
9 annually receive a pension equivalent to one half of what his annual
10 compensation for continuous service throughout the year would have
11 been at the rate of pay he received from said commission at the time he
12 received the injury.
1 Section 71. Subject to the requirement of election set forth in the AnnmriMto
2 last paragraph of section eighty-nine, if any permanent or call officer of 1909, 453. § 4.
3 said police department is killed or dies within one year from injuries re- i9ib; te, '§ 5. '
4 ceived while in the performance of his duty as such officer and it shall be f/li^^"'
5 proved to the satisfaction of the commission that such death was the l\l°-^*2^-
6 natural and proximate result of an accident occurring during the per- j9|i. ^s^, § .;
7 formance and within the scope of his duty as such officer and the attend- i92?^3os;
8 ing physician or medical examiner shall certify to the state treasurer that 1930. 241,
9 the death was the direct result of the said injury, there shall be paid to 193^', sgs,
10 the following dependents of such deceased officer the following annuities: ^^ ^' ^•
11 To the widow, so long as she remains unmarried, an annuity not exceeding
12 one thousand dollars a year, increased by not exceeding two hundred
13 dollars for each child of such deceased person during such time as such
14 child is under the age of eighteen or over said age and physically or men-
15 tally incapacitated from earning; and, if there is any such child and no
16 widow or the widow later dies, such an annuity as would have been pay-
17 able to the widow had there been one or had she lived, to or for the benefit
18 of such child, or of such children in equal shares, during the time afore-
19 said; and, if there is any such child and the widow remarries, in lieu of
20 the aforesaid annuity to her, an annuity not exceeding two hundred and
21 sixty dollars to or for the benefit of each such child during the time afore-
22 said; and, if there is no widow and no such child, an annuity not ex-
23 ceeding one thousand dollars to or for the benefit of the father or mother
24 of the deceased if dependent upon him for support at the time of his death,
25 during such time as such beneficiary is unable to support himself or her-
26 self and does not remarry. The total amount of all such annuities shall
27 not exceed the annual rate of compensation received by such deceased
28 officer at the date of his death, except that if he was a call officer, said
29 total amount shall not exceed the annual rate of compensation payable
1 3.
298 PENSIONS. [Chap. 32.
to a permanent officer of said police department for the first year of 30
service therein. The amount of any such annuity shall, from time to 31
time, be determined within the limits aforesaid by the said commission. 32
The provisions of this and the two preceding sections as to pensions or 33
annuities for disability or death resulting from injuries received in the 34
performance of duty shall apply to officers assigned to duty under the 35
commissioner of public safety as provided in section four of chapter one 36
hundred and forty-seven. 37
Appropria- SECTION 72. Pcusions and annuities granted under the three pre- 1
tions tor 1 1 - 1 1 n n
pensions etc ceding scctious and any expenses connected therewith shall, except as 2
1916! 56, '§ 6. hereinafter provided, be paid out of the appropriations for the Metro- 3
im403'. ' ■ politan Parks Maintenance Fund; provided, that such pensions, annul- 4
ties and expenses shall not be paid out of any general appropriations 5
made for the maintenance of reservations or boulevards under the care 6
and control of said commission, but shall be provided for by specific 7
appropriations for the purpose. Pensions or annuities paid on account 8
of disability or death of officers assigned to duty under the commis- 9
sioner of public safety shall be paid out of the ordinary revenue of the 10
commonwealth. 11
Section 73. [Repealed, 1931, 426, § 148.] 1
pensions for scrubwomen.
fiTstatTSi^e Section 74. Any woman who entered the continuous employ of the 1
1913, 711. ^^ superintendent of buildings or the sergeant-at-arms as a cleaner and 2
i92i; 487] § 8. ■ scrubwoman prior to July first, nineteen hundred and twenty-one, if she 3
i93i; 426! 5 54. has reached the age of sixty and has been in such employ for not less than 4
fifteen years and has become physically or mentally incapacitated for 5
labor, or any such employee if she has been in such employ for not less 6
than ten years and has become physically or mentally incapacitated for 7
labor by reason of any injury received in the performance of her duties, 8
may, with the approval of the superintendent, be retired from service, 9
and if so retired she shall receive from the commonwealth for the re- 10
mainder of her life the sum of three dollars per week. 1 1
pensions for probation officers.
Pen^ionsfor SECTION 75. Any probation oflficer or assistant probation officer 1
officm. whose whole time is given to the duties of his office shall, at his request, 2
1916! 225! § i. be retired from active service and placed upon a pension roll by the 3
Vo^T^G^^' court upon which it is his duty to attend, with the approval of the county 4
*^®' commissioners of the county in which the court is situated; provided, 5
that he is certified in writing by a physician designated by such court to 6
be permanently disabled, mentally or physically, for further service by 7
reason of injuries or illness sustained or incurred through no fault of his 8
in the actual performance of his duty as such officer. Any such probation 9
officer or assistant probation officer who has faithfully performed his 10
duties for not less than twenty consecutive years, and who is not less than 11
sixty, shall be retired at his request without the aforesaid certification. 12
Such probation officer must be retired upon attaining the age of seventy. 13
Amount of SECTION 76. Everv person retired under the precedlns; section shall 1
pension. «* i>ci ■ 'lo
1912. 723. 8 2. receive an annual pension equal to one halt of tlie compensation received Z
Chap. 32.] pensions. 299
3 by him at the time of his retirement, to be paid by the county employ-
4 ing him, or, if he is employed by more than one county, by the counties
5 by which his salary is paid, and in the same proportion.
PENSIONS FOR LABORERS.
1 Section 77. (a) Any laborer in the employ of a city or town, except Pensions for
2 Boston, which accepted chapter five hundred and three of the acts of r9i2"503,
3 nineteen hundred and twelve, who has reached the age of sixty and has i9i5',4'7!§ i.
4 been in such employ for not less than twenty-five years and has become {920; ^g
5 physically or mentally incapacitated for labor, and any laborer in the Js^f'l^*'
6 employ of such city or town who has been in such employ for not less J^si'. 426,
7 than fifteen years and has become physically or mentally incapacitated 258 Mass. 72.
8 for labor by reason of any injury received in the performance of his
9 duties for such city or town may, at his request, in cities, with the ap-
10 proval of the mayor, or in towns, with the approval of the selectmen,
11 be retired from service; and if so retired he shall receive from the city
12 or town for the remainder of his life an annual pension equal to one half
13 of the annual compensation paid to him as a laborer at his retirement.
14 Any laborer in the employ of such city or town who has reached the age
15 of sixty-five and has been in such employ for not less than twent\-five
16 years, including the time when incapacitated by reason of sickness, not
17 exceeding two years in the aggregate, as certified by a phj'sician in
IS regular standing, shall be retired from service, and shall receive from
19 the city or town an annual pension computed in the manner herein-
20 before set forth.
21 (h) In any such city or town which accepts or has accepted this para-
22 graph or corresponding provisions of earlier laws, "laborers" shall in-
23 elude foremen, inspectors, mechanics, draw tenders, assistant draw
24 tenders and storekeepers, but the pension payable under this section to
2.5 any person holding a position included as aforesaid within the meaning
26 of the word "laborers" shall not exceed four hundred dollars a year, or,
27 in any such city or town which after the effective date of chapter four
28 hundred and fifty-eight of the acts of nineteen hundred and twenty-three
29 accepted or shall accept this paragraph, whether or not it had accepted
30 this paragraph or corresponding provisions of earlier laws prior to said
31 date, five hundred dollars a year.
1 Section 78. Any laborer employed by any fire or water district Laborers in
2 which accepts this section or has accepted corresponding provisions of dbtHcts'' "
3 earlier laws, who has reached the age of sixty and has been in the employ i9u: 352! ^ ''
4 of such district for not less than twenty-five years and has become ^* '• ^'
5 physically or mentally incapacitated for labor, and any laborer in the
6 employ of any such district who has been in such employ for a period
7 of not less than fifteen years and has become physically or mentally in-
8 capacitated for labor by reason of any injury received in the performance
9 of his duties for such district, may, at his request, with the approval of
10 the prudential committee or water commissioners, be retired from service;
1 1 and if so retired he shall receive from the district, for the remainder of
12 his life, an annual pension equal to one half of the average annual com-
13 pensation paid to him as a laborer during the two years next prior to
14 his retirement. Any laborer in the employ of such a district who has
15 reached the age of sixty-five and has been in such employ for not less
16 than twenty-five years shall be retired from service, and shall receive
300
PENSIONS.
[Chap. 32.
from the district an annual pension computed in the manner herein- 17
before set forth. This section shall take effect in any fire or water district 18
if accepted by the district at a meeting. 19
ExiBting
pensions.
1913, 671, § 2.
1914. 352,
§§2,3.
Section 79. All pensions which were payable under chapter five
hundred and three of the acts of nineteen hundred and twelve or chapter
six hundred and seventy-one of the acts of nineteen hundred and thirteen
by any city or town to former employees of a fire or water district therein
which accepted chapter three hundred and fifty-two of the acts of nine-
teen hundred and fourteen at the annual meeting of the district held
next after the passage thereof, shall be paid by the district.
Pensions for
firemen
in cities.
1898, 267.
1900, 246.
R. L 32,
§§81,82.
1906, 476.
1913, 697,
§§ 1, 3-5.
1918, 257,
1919, 5.
1920, 2.
1921, 337,
1930, 70.
98.
§1.
PENSIONS FOR FIREMEN IN CITIES.
Section 80. In cities, except Boston, which accept this and the 1
following section or have accepted corresponding provisions of earlier 2
laws by vote of the city council, the fire commissioner in cities having 3
such an official, otherwise the aldermen, in all cases with the approval of 4
the mayor, shall retire from active service and place upon the pension 5
roll any fireman, call fireman or substitute call fireman of the city whom 6
the city physician certifies in writing to be permanently disabled, men- 7
tally or physically, by injuries sustained or illness incurred through no 8
fault of his own in the actual performance of duty, from further per- 9
forming duty as such member; or any permanent member of said 10
department who has performed faithful service therein for not less than 11
twenty-five years as such or as a call member and permanent member 12
of said department, if in the judgment of said board or official such 13
member is disabled for useful service in the department; provided, that 14
any permanent member of said department who has performed faithful 15
service therein for twenty-five years as aforesaid and has attained the 16
age of sixty shall be retired at his request. Any acceptance of this and 17
the following section may be limited by the vote of acceptance to any 18
one or more of the classes of firemen hereinbefore set forth. 19
Amount of
pension.
1913, 697, § 2.
1918, 257, § 98.
1919, 5.
1920, 2.
1928, 252.
Section 81. Any permanent member of a fire department retired 1
under the preceding section shall receive an annual pension, payable 2
monthly, equal to one half of the annual salary or other compensation 3
received by him at his retirement. The pension of any call or substitute 4
call fireman retired under said section shall be the same as that of a 5
permanent member of the first grade of the same department in which 6
he served, or, if there be no grades, his compensation shall be that of a 7
permanent member of the department performing duties like those 8
which he performed. 9
Pensions for
call members.
1916, 218.
Section 82. All call members of fire departments of cities, except
Boston, which accept this section or have accepted corresponding pro-
visions of earlier laws, by vote of the city council, with the appro\al of
the mayor, who were retired for disability previous to May twenty-
third, nineteen hundred and thirteen, shall receive the same pension
pro\ided for call members of fire departments placed on the retired list
under section eighty.
Chap. 32.] pensions.
301
PENSIONS FOR POLICE AND FIREMEN.
1 Section 83. In every city, except Boston, which, by vote of its city P™'>%'°'i^,
2 council, accepts this section or lias accepted corresponding provisions of 1^892^378.
3 earUer laws, the mayor and aldermen, or the board of police where such r. l. ios.
4 a board is established, shall, at his own request or at the request of the flof'428.
5 chief or superintendent of police if, in the judgment of said board or ;809; iff;
6 officer, he is disabled for useful service in said department, retire from ll^f'l°°-
7 active service and place upon a pension roll any member of the police ^H^^f
8 department of such city whom the city physician of such city certifies in 215 Mass. 92^
9 writing to be permanently disabled, mentally or physically, by injuries 252 mZI'. 213!
10 sustained through no fault of his own in the actual performance of duty, ^^° ^^^- *"•
11 from further performing duty as such member, or any member of said
12 department who has performed faithful service therein for not less than
13 twenty years continuously if, in the judgment of said board or officer,
14 such member is disabled for useful service in the department; and every
15 member so retired shall annually receive as a pension one half the amount
16 of compensation received by him at his retirement, such amount to be
17 paid by the city, which shall appropriate money therefor.
18 The board of police, or the mayor in cities having no such board, may
19 in an emergency call upon any person so pensioned for such temporary
20 service in the department as he may be fitted to perform, and during
21 such service he shall be entitled to full pay.
1 Section 84. In cities which, bv vote of the city council, and in towns Retirement of
,.., J,,.,!' * I, i' X xU" injured police
2 which, by vote of the mhabitants at an annual town meeting, accept tnis officers in cities
3 section, or have accepted corresponding provisions of earlier laws, and having™ pen-
4 which have not established a system of pensions for the members of its fgSCiii"^'
5 police department, the board or officer having authority to make appoint- R l. ios, i 31.
6 ments to the police department shall retire from further service therein
7 any member of said department whom the city or town physician and two
8 other physicians certify to be permanently incapacitated, physically or
9 mentally, by injuries sustained in the actual performance of duty in the
10 department. A member who is so retired shall annually receive as a
11 pension one half the compensation received by him at his retirement.
1 Section 85. The selectmen of every town which accepts this section Pensions for
2 or has accepted corresponding provisions of earlier laws by a two thirds and firemen
3 vote at an annual town meeting shall retire from active service and place Toot^'sh.
4 upon the pension roll any permanent member of the police department f|3\;^i6i.
5 and any permanent member of the fire department of such town found
6 by them to be permanently incapacitated, mentally or physically, for
7 useful service in the department to which he belongs, by injuries received
8 through no fault of his own in the actual performance of his duty. They
9 may also retire and place upon the pension roll any permanent member
10 of either of said departments who has performed faithful service in the
11 department for not less than twenty-five years continuously, and is not
12 less than sixty. If a permanent member of the police department of such
13 a town was, prior to the establishment of a police department therein,
14 employed in said town as a police officer by appointment under section
15 ninety-six of chapter forty-one, the period of such appointment shall be
16 counted as a part of his continuous service as a permanent member of its
17 police department. Every person so retired shall annually receive from
302
PENSIONS.
[ClIAP. 32.
Retirement of
call members
of fire de-
partments in
certain towns.
1921, 337, § 2.
Police pen-
sioners accept-
ing other
employment
not to draw
pension.
1913, 681, § 1.
the town as a pension a sum equal to one half of the annual compensation 18
received by him at his retirement. The selectmen may in an emergency 19
call upon any person so pensioned for such temporary service in the 20
department from which he was retired as they may deem him fitted to 21
perform, and during such service he shall be entitled to full pay. 22
Section 85A. Upon the acceptance of this section by a town at its 1
annual town meeting by a two thirds vote, the provisions of section 2
eighty-five relative to the retirement of permanent members of the fire 3
department for incapacity shall apply to call members of its fire depart- 4
ment, except that a call member retired hereunder shall annually receive 5
from the town a pension at such rate, not exceeding five hundred dollars 6
a year, as the town may authorize. 7
Section 86. Any police officer lawfully retired and pensioned after 1
May nineteenth, nineteen hundred and thirteen, who accepts another 2
appointment or employment as a police officer or police official in any 3
city or town, shall not receive a pension during such time as he shall 4
hold the new appointment or employment. 5
Section 87. [Repealed, 1930, 182, § 5.] 1
Section 87A. [Inserted, 1924, 504, § 2; repealed, 1928, 402, § 4.] 1
Payments to
dependents of
certain persons
killed, etc.,
while aiding
police officers,
1928, 402, 5 5.
1930, 182, § 2.
Section 88. The selectmen of any town which accepts this section
or has accepted corresponding provisions of earlier laws by a two thirds
vote at an annual town meeting may pay to the widow of any person
aiding a police officer in the discharge of his duty by the order or request
of such officer or any of the authorities of the town, or to the widow of a
person doing fire duty at the request or by the order of the authorities of
the town, if it has no organized fire department, or of a person performing
the duties of a fireman in such town, who dies from injuries received 8
through no fault of his own in the actual performance of his duty, a pen- 9
sion not exceeding three hundred dollars a year while such widow remains 10
unmarried, or, if there is no widow, a pension not exceeding said sum for 11
the benefit of any of the children under sixteen of such deceased person 12
while any such child is under the age of sixteen, and the selectmen of such 13
town may determine the amount of such pension within said limits. No 14
payments shall be made under this section on account of any death in 15
respect to which compensation is payable under section eighty-nine. 16
Annuities to
dependents of
policemen or
firemen killed,
etc., in
performance
of duty.
1902, 437.
1920, 515, § 1.
G. L. Ced. of
1920) 32,
§§ 87, 89.
1923, 178.
1924, 371;
S04, § 3.
1928, 402,
§5 1, 3.
1929, 308,
§5 1,3,4.
1930, 182,
5§ 1, 5; 241,
§5 1,3.
Section 89. If a member of the police or fire force of a city or town, 1
or a member of the department of public safety doing police duty, is 2
killed, or dies within one year from injuries received, while in the per- 3
formance of his duty as such member and it shall be proved to the satis- 4
faction of the mayor and city council or selectmen, or of the commissioner 5
of public safety subject to the approval of the governor and council, as 6
the case may he, that such death was the natural and proximate result 7
of an accident occurring during the j)erformance and within the scope 8
of his duty as such member, and the attending physician or medical 9
examiner shall certify to the city, town or state treasurer, as the case 10
may be, that the death was the direct result of the said injury, there 11
shall be paid except as hereinafter provided, out of the city, town or 12
Chap. 32.] pensions. 303
13 state treasury, as the case may be, to the following dependents of such losi.sss.
14 deceased person the following annuities: To the widow, so long as she 27i' Mass. 362.
15 remains unmarried, an annuity not exceeding one thousand dollars a
16 year, increased by not exceeding two hundred dollars for each child of
17 such deceased person during such time as such child is under the age of
18 eighteen or over said age and physically or mentally incapacitated from
19 earning; and, if there is any such child and no widow or the widow
20 later dies, such an annuity as would have been payable to the widow
21 had there been one or had she lived, to or for the benefit of such child,
22 or of such children in equal shares, during the time aforesaid; and, if
23 there is any such child and the widow remarries, in lieu of the aforesaid
24 annuity to her, an annuity not exceeding two hundred and si.xty dollars
25 to or for the benefit of each such child during the time aforesaid; and,
26 if there is no widow and no such child, an annuity not exceeding one
27 thousand dollars to or for the benefit of the father or mother of the
28 deceased if dependent upon him for support at the time of his death,
29 during such time as such beneficiary is unable to support himself or her-
30 self and does not remarry. The total amount of all such annuities shall
31 not exceed the annual rate of compensation received by such deceased
32 person at the date of his death, except that if such deceased person was
33 a reserve or special policeman or a reserve or call fireman of a city or
34 town and, at the time he was killed or at the time he received the injuries
35 resulting in his death, was performing duty to which he was as.signed
36 or called as such policeman or fireman and for the performance of which
37 he was entitled to compensation from said city or town, the total amount
38 of all such annuities shall not exceed the annual rate of compensation
39 payable to a regular or permanent member of the police or fire force
40 thereof, as the case may be, for the first year of service therein, and if
41 there are no regular or permanent members of the police or fire force
42 thereof, as the case may be, said total amount shall not exceed the sum
43 of one thousand dollars. The amount of any such annuity shall from
44 time to time be determined within the limits aforesaid by the mayor and
45 city council, the selectmen, or the commissioner of public safety subject
46 to the approval of the governor and council, as the case may be.
47 In case the deceased was a member of a contributory retirement
48 sj'stem for public employees, the benefits provided under this section
49 shall be in the alternative for the benefits, if any, provided by such
50 retirement system for dependent widows and children or for dependent
51 fathers or mothers; and the widow, or if there is no widow, the legal
52 representative of the children entitled thereto, if any, otherwise the
53 father or mother in the order named, shall elect which benefits shall be
54 granted. Such election shall be made in writing and shall be filed w'ith
55 the retirement board in charge of the system of which the deceased was
56 a member and shall not be subject to change or revocation after the
57 first payment of any benefit thereunder.
1 Section 90. Sections forty-two A and forty-two B of chapter thirty- Aged police
2 one and section three of chapter two hundred and forty-two of the acts ject to certain
3 of nineteen hundred and twenty-three shall not apply in cities to the ml'. ii3, § i.
4 retirement on pension of members of police departments who are over '^^'' *^^' ^ ®^'
5 seventy years of age.
304
RETIREMENT SYSTEMS AND PENSIONS.
[Chap. 32.
Pensioners
not to be paid
for services.
1913, 657, 5 1.
1916, 88.
1918, 257,
§ 135.
1919, 5; 80.
1920, 2.
Op. A. G.
(1918) 81.
MISCELLANEOUS PROVISIONS.
Section 91. No person while receiving a pension or an annuity 1
from the commonwealth, or from any county, city or town, except 2
teachers who on March thirty-first, nineteen hundred and sixteen, were 3
receiving annuities not exceeding one hundred and eighty dollars per 4
annum, shall, after the date of the first payment of such annuity or pen- .5
sion, be paid for any service rendered to the commonwealth, county, 6
city or town which pays such pension or annuity, except for jury service 7
or for service rendered in an emergency under section sixty-eight, sixty- 8
nine or eighty-three, or for service in a public office to which he has been 9
elected by the direct vote of the people. 10
No interest in
a pension, etc.,
to be pledged,
etc. Expense of
supporting
persons receiv-
ing such pen-
sions, etc.,
upon becoming
public charges
to be deducted
therefrom.
1916, 75.
1926, 289.
Certain
pensions
not affected.
1919, 350, § 4.
Section 92. Any pledge, mortgage, sale, assignment or transfer of 1
any right, claim or interest in any pension, annuity or retirement allow- 2
ance from the commonwealth or any county, city, or town shall be void. 3
Whoever is a party to such pledge, mortgage, sale, assignment or trans- 4
fer of any right, claim or interest in any pension, annuity or retirement 5
allowance or pension certificate from the commonwealth or any county, 6
city or town, or holds the same as collateral security for any debt or 7
promise, or upon any pretext of such security or promise, shall be pun- 8
ished by a fine of not more than one hundred dollars. If a person re- 9
ceiving a pension, annuity or retirement allowance becomes a charge 10
upon the commonwealth, or any county, city or town thereof, the ex- 11
pense incurred by the commonwealth, or any such county, city or town, 12
for his maintenance and support shall, unless otherwise paid, be de- 13
ducted from such pension, annuity or retirement allowance as it becomes 14
due and payable, and the amount of such deduction shall thereupon be 15
paid to the department, board, commission or officer by whom or under 16
whose authority such expense was incurred. 17
Section 93. Persons who, at the time when chapter three hundred 1
and fifty of the General Acts of nineteen hundred and nineteen took 2
effect, were appointed to or employed by an office, board, commission 3
or other governmental organization or agency abolished by said chapter 4
and were appointed to positions in any of the departments established 5
thereby shall retain all rights to retirement with pension that had accrued 6
or would thereafter accrue to them, and their ser\ices shall be deemed 7
to have been continuous as if said chapter had not been passed. 8
Chap. 33.]
MILITIA.
305
TITLE V.
MILITIA.
Chapter 33. Militia.
CHAPTER 33
MILITIA.
(The General Acta regulating the militia subsequent to the General Statutes and prior to the Public
Statutes are Sts. 1864, 238; 1866,219; 1873,313; 1874,320; 1878,265.)
Sbct.
definitions.
1. Definitions.
UNORGANIZED MILITIA.
2. Persons to be enrolled in the militia.
3. Exemptions.
4. Same subject.
5. Organized and unorganized militia.
6. Assessors' reports of persons liable to
enrolment.
7. Tavern keepers, etc., to give names,
etc. Penalty.
8. Calling out of unorganized militia.
9. Muster of same, etc. Deserter, who
deemed.
VOLUNTEER OR ORGANIZED MILITIA.
10. Active militia. Composition.
11. Organization. Provisions applicable.
COMMANDER-IN-CHIEF.
12. Commander-in-chief may raise volun-
teer companies.
13. Recruiting, appointment and powers
of provisional officers.
14. Time of appointment. Designation
as enlisting, etc., officers.
15. Organization, etc., how prescribed.
16. Commander-in-chief may disband in-
efficient company.
17. May order out militia for escort duty,
etc.
18. Exclusion of traffic from highways,
etc.
19. May make regulations, publish militia
law, etc.
20. Transfer of organizations, etc.
Sect.
21. Lease, etc., of property to United
States, etc.
22. Commander-in-chief's staff, appoint-
ment, composition, etc. Military
council and naval militia bureau.
23. Adjutant general and department of
naval militia. Powers and duties.
24. Adjutant general, salary. Assistants.
AID TO CIVIL POWER.
Call of militia in case of invasion or
insurrection.
Call of militia in case of tumult, riot,
etc. Form of precept.
Duty of commander of unit.
Penalty for disobedience.
Troops to appear armed, etc.
30. Additional orders to be in writing
when practicable, etc.
No liability for acts under orders.
Expense of service at call of sheriff,
mayor, etc., how collected.
Additional force to be taken from un-
organized militia, when.
Excuse from duty, and punishment
for absence without leave.
25.
26.
27,
28,
29,
31,
32,
33
34
ARMORIES AND ARMORY COMMISSIONERS.
35. Certain cities and towns to provide
armories and headquarters.
36. Location of armories and headquar-
ters in certain cases.
37. Parade grounds, etc. Authority to
raise money for such purposes.
38. Allowances to cities and towns for
armories, etc.
39. Armory commissioners. General du-
ties.
306
MILITIA.
[Chap. 33.
41.
42.
44.
45.
Sect.
40. Construction, etc., of armories, etc.
Taking of land for drill grounds,
ranges, etc.
Purchase of certain armories, drill
grounds, etc.
43. Expenditures under three preceding
sections.
Armories of the first class.
Cities and towns to be relieved of
certain obligations. Armories to
be under control of commander-in-
chief, etc.
46. Annual returns relative to armories,
etc.
47. Commanding ofBcer to have control
of armory, etc.
48. Use of armories regulated.
49. Operation of cinematographs, etc., in
armories, etc.
GENERAL PROVISIONS.
50. Penalty for unauthorized wearing of
uniforms, etc.
51. Disposition of certain returns and
applications.
52. Street railways, etc., may transport
military supplies.
63. Military bands may be excused from
camp and substitute duty ordered.
54. No parade, etc., without approval.
Details for temporary or special
duty.
55. Judge advocate, powers at encamp-
ment.
56. Bounds of parades or encampments,
and punishment for intrusion, etc.
57. Penalty for molesting or insulting
troops on duty.
58. Troops to have right of way, etc.
59. No military duty on election day, ex-
cept, etc.
Unauthorized drilling mth firearms,
etc., forbidden, etc.
Regulations governing drill and pa-
rade with firearms by certain organ-
izations in time of war.
Penalty for violation of two preceding
sections, etc.
Rifle team.
Oflicers of United States army and
navy to be reimbursed for expenses,
when.
65. Division, brigade, etc., funds.
66. Exemption from jury duty and from
civil arrest.
No loss of pay or vacation to certain
state and municipal employees in
militia, etc.
Rolls of militia. Penalty for false
certificate.
Compensation to members of militia
for injury during military duty, or
for death resulting therefrom.
70. Interference with militia, penalty.
60.
61.
62.
63.
64.
67.
68.
69.
73.
74.
75.
76.
Sect.
71. Paymasters' bonds.
72. Bond for military property, etc.
Reimbursement for ijremium on bond.
Schedule bonds.
Certain rights of the Ancient and
Honorable Artillerj' Company not
affected.
Penalty on certain ci^-il officers for
violation of this chapter.
77. Prizes for competitions. Maintenance
and repair of aeroplanes.
78. Allowances for military instruction.
I.AND FORCES.
Organization,
79. Land forces, how constituted. Re-
serve officers, exemption from cer-
tain examinations.
80. First and second corps of cadets, offi-
cers, equipment, etc.
Staff Corps and Departments.
Titles and grades to conform to
United States laws and regulations.
State surgeon. State judge advocate.
State inspector. State ordnance
officer.
State quartermaster.
Officers not to be pecuniarily inter-
ested in purchases and sales, etc.
85. Penalty.
81
82,
83
84
Caimnissioncd Officers,
86. Eligibility to appointment.
87. Relativ'e rank, date of commission,
etc.
88. Staff and department officers.
89. Eligibility for appointment as medi-
cal or veterinary officer, etc.
90. Military service commission.
91. Prereriuisites to exercising command.
92. Discharge for failure to pass tests.
93. Retirement after failure to pass tests.
94. Oath; form, etc.
95. Discharge, etc., of officers.
96. Term of office of general officers of
the line.
97. Term of office of colonel, etc.
98. Retirement of officers.
99. Continuous service in land forces de-
fined.
100. Retirement for disability.
101. Register of active and retired officers.
102. Retired officers, privileges and duties.
103. Certificates of discharge.
Xoncomviissioncd Officers.
104. Number to conform to law or orders.
105. Appointment, etc., how regulated.
Chap. 33.]
MILITIA.
307
Sect.
Enlisted Men.
106. Enlistment, etc., how regulated.
107. Dishonorable discharge, etc., regu-
lated.
108. Certificates of discharge.
Uniforms of Commissioned Officers.
109. Uniforms, etc.
Public Property — Issue, Accountability, etc.
110. Certain supplies to be provided by the
commonwealth. Sale of certain
other supplies to officers and en-
listed men.
111. Uniforms, how prescribed and pro-
vided.
112. Uniforms, etc., to be used only for
military purposes, etc.
113. Responsibility for military property,
etc.
114. Accountability of officer for militarj-
property, etc.
115. Disposition of and liability for records,
reports and military property.
116. Penalty for unlawful purchase, etc.
117. Liability for loss, etc.
118. Penalty on officer or soldier for de-
struction of public property.
119. Uniform, etc., to be worn, etc., only
when on duty, etc.
120. Adoption of other than prescribed uni-
form, etc.
121. Volunteer organizations may own per-
sonal property, etc.
122. Inspection and condemnation of mili-
tary property, etc.
Duty — Active and Peace. Inspection and
Drill.
123. Annual service training.
124. Militia on duty may enter and occupy
certain lands, etc., without liability.
125. Damages for use of or injurj' to land,
etc.
126. Inspection at encampment.
127. Notice for duty. Delivery.
128. Mounted bands.
129. United States system of discipline to
be observed. Officers and men sub-
ject to military law and jurisdic-
tion.
130. Officers and men not entering service
of the United States remain in
militia.
131. Troops, when to be ordered outside
commonwealth. Penalty.
Meetings and Assemblies.
132. Meetings of officers and noncom-
missioned officers for instruction.
School forofficers or selected enlisted
men.
Sect.
133. Visits by commanding officers, etc.
Mileage allowed.
134. Evening company inspection may be
ordered.
135. Company and regimental, etc., drills.
136. Excuses from drills, etc.
Pay and Allowances.
137. No compensation except for personal
service, etc.
138. Pay of officers and soldiers.
139. Certain inspections not to constitute
tours of duty, etc.
140. Compensation for killing or injury of
horse, etc. Adjustment of claims
for injury to private property.
141. Annual appropriation for claims,
etc.
142. Annual appropriation and regulations
for maintenance of draft and riding
animals.
143. State pay, etc., when reduced by
amount received as United States
pay, etc.
144. Allowance for motor vehicles, etc.
145. Allowance for travel, etc. Reimburse-
ment to United States for injury to
its property, etc. Pay and allow-
ances of inspecting officers. Annual
allowances to commissioned and
warrant officers of national guard
for uniforms.
146. Allowance for transporting horses.
147. Subsistence. Advertising of bids for
supplies. Sale of commissary stores
for cash, etc.
148. Allowance to headquarters, etc., for
certain expenses.
149. For repair, etc., of uniforms, etc.
150. For armorer.
151. For artillery mechanic.
152. Advances to state quartermaster for
pay, etc.
153. Vouchers and accounts of officers of
quartermaster corps.
154. Pay and allowances for United States
service.
Courts-Martial — Courts of Inquiry — Spe-
cial Boards.
155. Courts of inquiry.
156. Allowances to witnesses.
157. Courts-martial.
158. General courts-martial, how con-
voked. Punishments, etc.
159. Special courts-martial, appointment,
powers, etc.
160. Summary courts, appointment, pow-
ers, etc.
161. Sentences to confinement in lieu of
fines.
162. Governor to approve sentences of dis-
missal or dishonorable discharge.
308
DEFINITIONS — UNORGANIZED MILITIA.
[Chap. 33.
Sect.
163. Power to issue warrants, compel at-
tendance of witnesses, etc.
164. Processes and sentences, how exe-
cuted, etc. Fines, payment, dispo-
sition, etc.
165. United States articles of war, etc., as
modified, to apply to national
guard.
General Provisions,
166. Band of musicians.
167. Chaplains.
168. Service medals. Medals of valor.
169. Oaths, by whom administered.
170. Delegates to annual conventions of
national guard association.
NAVAL FORCES.
171. Naval forces, how constituted.
172. Same subject.
173. Commander-in-chief may make regu-
lations, prescribe punishments, etc.
174. Medical head. Powers.
Sect.
175. Acting judge advocate general, duties,
etc.
Clothing. Equipment. Transporta-
tion. Control of appropriations.
Allowance of claims.
Use of armories or grounds regulated.
178. Penalty for unlawful purchase, etc., of
certain property.
Personal property of organizations,
and suits to recover same.
Duty may be performed afloat, etc.
E.\penses for use of United States
ships.
Conditions under which compensa-
tion, etc., payable, how prescribed.
Amounts payable, how prescribed.
Advances to acting paymaster gen-
eral.
Courts-martial, power to issue war-
rants, compel attendance of wit-
nesses, etc.
Fines, payment, disposition, etc.
Allowances to witnesses.
Administration of oaths.
Service medals and medals of valor.
176.
177.
179.
180.
181.
182,
183,
184.
185.
186.
187.
188.
DEFINITIONS.
Definitions.
P. S. 14. § 164.
1886. 63, § 2.
1887,411, §162
Section 1. In this chapter except as otherwise provided herein, 1
the word "soldier", or the words "enlisted man", shall include inusi- 2
1893! 367] §162! cians and all persons, except commissioned officers, in the volunteer or 3
1905! 465, §i. reserve militia, including both land and naval forces; and the word 4
"company" shall include battery, troop, naval division and such other 5
units as may be determined by the commander-in-chief to come under 6
such designation. 7
UNORGANIZED MILITIA.
1908, 604. § 1.
1917, 327, § 1.
1924, 465,
Persona to be
enrolled in
the militia.
P. S. 14, § 1.
1887, 411, § 1.
1893, 367. § 1.
R. L. 16, § 2.
1905, 465, § 2.
1908, 604, § 2.
1917, 327, § 2
1924, 465.
Section 2. Subject to the following section, every able-bodied male
citizen, and every able-bodied male of foreign birth who has declared
his intention to become a citizen, resident within the commonwealth,
of the age of eighteen and under the age of forty-five, shall be enrolled
in the militia. In all cases of doubt respecting the age of a person
enrolled, the burden of proof shall be upon him.
22 Pick. 571. 14 Gray, 614.
Exemptions.
P. S. 14,
§§ 1, 2, 5.
Section 3. Persons exempted from military ser\'ice by the laws of 1
the United States shall be exempt from such enrolment. 2
1887,411, §§ 1, 2. 5.
1893,367, §§ 1, 2, 5.
R. L. 16, §5 2, 3, 6.
1905, 465, §§2,3, 6.
1908. 604. §§ 2, 3, (
1917, 327, § 3.
1924. 465.
14 Mass. 374. 394.
17 Mass. 49.
2 Pick. 597.
3 Pick. 226.
23 Pick. 208.
Same subject
P. S. 14, § 3,
Section 4. Every person of the religious denomination of Quakers or 1
llit' ik? ^ ^' Shakers conscientiously scrupulous of bearing arms shall, if such con- 2
§§■3,' 4. ' scientious belief is established as provided by the laws of the United 3
1905! 46.5, 5 4. States, be exempt from service in the militia in a combatant cajiacity. 4
1908. 604, § 4.
1917, 327, 5 4.
1924, 465.
12 Mass. 441.
17 Mass. 351.
?no?Ban'itd"'' Section 5. The militia shall consist of two classes, namely, the 1
p''s''i4 6 organized militia, to be known as the Massachusetts volunteer militia, 2
Chap. 33.] organized militia. 309
3 composed and organized as provided in this chapter; and the remainder, i887, 4ii. § 6.
4 to be known as the unorganized mihtia. The unorganized militia shall r l. i6,'§7.'
5 be subject to no active duty except in case of war, actual or threatened, Igol; eoi; §7!
6 invasion, the prevention of invasion, the suppression of riots, and the \lll\ lll\ ^ ^■
7 assisting of civil officers in the execution of the laws.
1 Section 6. Assessors shall annually, in April or May, make a report ^^p"^^^"";^, .
2 of the number of persons living within their respective limits liable to persoMUabie
3 enrolment, and shall place a certified copy thereof in the hands of the p° 1. 14"§ 7.'
4 clerks of their respective towns, who shall place it on file with the records \lll', ti?'. § r'.
5 of such town, and annually, in May, June or July, transmit reports of fgos.l&.S^
6 the number of such persons to the adjutant general.
1908. 604, § 8. 1917, 327, § 6. 1922. 152. 1924. 465.
1 Section 7. Keepers of taverns or boarding houses, and masters Tavern
2 and mistresses of dwelling houses, shall, upon application of the assessors, t.fg'ive'nlmea,
3 or of persons acting under them, give information of the persons resid- penalty.
4 ing in their houses, liable to enrolment or to military service and every {gg*!; \af f g.
5 such person shall, upon like application, give his name and age. Any is93, 367,^§^8.
6 such keeper, master or mistress violating this section shall forfeit twenty i905,' 465, § 9.
7 dollars, and any person liable to enrolment or to military service guilty 1917! 327! § i.
8 of such violation shall forfeit twelve dollars, to be recovered on com- ^®^*' ^^^
9 plaint of any of the assessors.
1 Section 8. When necessary to call out any part of the unorganized J^"'gfXed°^
2 militia for active duty, the commander-in-chief shall direct his order to ™|''^-^ ^ 9
3 the aldermen or to the selectmen, who shall forthwith, by written order }ii^'|Ji' ||-
4 or oral notice to each individual, or by proclamation, appoint a time and r. l'. le.j lo'.
5 place for the assembling of the unorganized militia in their town, and Igos! 604.' § 10'
6 shall then and there draft as many thereof, or accept as many volunteers, }g24; HI; ^ ^■
7 as are required by the order of the commander-in-chief, and shall forth-
8 with forward to him a list of the persons so drafted or accepted as
9 volunteers.
1 Section 9. The part of the unorganized militia so drafted or accepted ^^^^^'"t"^
2 shall immediateh- be mustered under the orders of the commander-in- Deserter, who
_ I deemea.
3 chief into the service of the commonwealth for three years, or tor such p. s. i*' § jo^
4 less period as he may direct, and shall be organized into new units, or 1893! 367! § 10:
5 assigned to organizations of the volunteer militia then existing. Such igos,' 465, § li.
6 new organizations shall be officered, equipped, trained and governed iij^f ; 327,' | "'
7 according to the laws for the government of the volunteer militia. In [^|^' ^5^; 5 1-
8 such new organizations, the commander-in-chief may detail officers to
9 train and command them until their officers shall have qualified. Every
10 member of the unorganized militia who volunteers or is detached or
1 1 drafted, who does not appear to be mustered in as required by the orders
12 of the commander-in-chief, or does not produce a sworn certificate,
13 from a physician in good standing, of physical disability so to appear,
14 shall be taken to be a deserter.
volunteer or organized militia.
1 Section 10. The active or organized militia shall be composed of ^^'^p^o^tiin*'
2 volunteers.
p. S. 14. § 21. 1893, 367. § 21. 1905. 465, § 22. 1917. 327. § 10.
1887, 411, i 21. R, L. 16, 8 22. 1908, 604. § 15. 1924, 465.
310
COMMANDER-IN-CHIEF.
[ClL\P. 33.
Organization.
Provisions
applicable.
1908, 604,
§ 18 (o).
1915, 289, I 1
1917, 327, I 1
1924, 465.
Section 11. (a) The Massachusetts volunteer militia shall comprise 1
the staff of the commander-in-chief, the land forces and naval forces. 2
(b) Sections one to seventy-eight, inclusive, shall apply to all persons, 3
including all parts of the volunteer militia and the unorganized militia. 4
(c) Sections seventy-nine to one hundred and seventy, inclusive, shall 5
apply to all persons except the na\al forces (including an officer of the 6
naval forces detailed as aide on the staff of the commander-in-chief) 7
and except such part of the unorganized militia as may under sections 8
eight and nine be called out for active service as a part of the naval 9
forces. 10
(d) Sections one hundred and seventy-one to one hundred and eighty- 1 1
eight, inclusive, shall apply to all persons except the staff of the com- 12
mander-in-chief (not including an aide detailed from the naval forces), 13
and except the land forces and such part of the unorganized militia as 14
may under sections eight and nine be called out for active service as a 15
part of the land forces. 1&
COMMANDER-IN-CHIEF.
Commander- SECTION 12. The commander-in-chief mav raise volunteer companies I
m-chief may ^ I i o
raise volunteer qj. detachmcnts, as he deems necessary, or when they are needed to 2
p.". 14, § 24. maintain the forces of the commonwealth at the strength and of the 3
1893! 36?; § 24! composition required or permitted by law. 4
R. L. 16, §25. 1908. 604, § 32. 1917,327,5 12.
1905, 465, § 25. 1915, 289, § 3. 1924, 465.
Recruiting,
appointment
and powers of
provisional
officers.
1919, 138, S 1.
G. L. (ed. of
1920) 33, § 14.
1924, 465.
Section 13. He may, to recruit the Massachusetts volunteer militia, I
appoint provisional officers for such units as he may from time to time 2
create, by orders in accordance with this chapter. Such provisional 3
officers, subject to removal by the commander-in-chief and until their 4
successors are qualified as provided by the constitution and laws of the 5
commonwealth, shall exercise the same military authority over their 6
several commands as is specified in the said laws for duly chosen officers 7
of the organized militia. 8
Time of ap-
pointment.
Designation
as enlisting,
etc., officers.
1919, 138, § 2.
G. L. Ced. of
1920) 33. § 15.
Section 14. Such provisional officers may be appointed before the 1
enlisted personnel of the units to which they are assigned are enlisted and 2
mustered and may be designated as enlisting and mustering officers of 3
the respective units to which they are assigned. 4
1924, 465.
Organization,
etc., how
prescribed.
Const., pt. 2,
c. 2, § l,art. 10
Const, amend.
53.
(Const. Rev.
art. 148.)
P. .S. 14, !
1882, 97.
18.S4, 2.30,
18.S7, 411
1893, 367, § 23,
1897, 391.
i23.
12.
" 23.
Section 15. He may from time to time prescribe in orders the organi- 1
zation of the Massachusetts volunteer militia, the designation and 2
location of all units, and the numbers, titles, grades and duties of all 3
officers and enlisted men as he deems the interest of the service demands; 4
provided, that the organization shall not conflict with the laws of the 5
United States relating to the organized militia. He shall, subject to the (i
constitution and laws of the commonwealth, tlirect how such officers and 7
enlisted men shall be appointed to office or to specific tluty. 8
R. L. 16, § 24,
1903, 481.
1905, 465, § 24.
1907, 356. § 1.
1908, 604, §§ 17.26.
1915, 289, 5 2.
1917, 327, § 14.
G. L. (ed. of 1920) 33, § 18.
1924, 465.
Chap. 33.] coMMA^^DER-IN-CHIEF. 311
1 Section 16. He may, subject to the laws of the United States, dis- Commander-
2 band an\- comi>anv of the vokinteer mihtia falling below the proper disLndXffi-
^ , . • cient company.
3 standard or emciency.
p S 14 § 32 R. h. 16, § 33. 1017. 327, I IB.
1887 411: § 31. 1905, 465, § 36. G. L. («i. of 1920) 33, § 20.
1893, 307, § 31. 1908, 604, § 33. 1924, 465.
1 Section 17. He may order out any part of the volunteer militia for May order out
2 escort and other duties. <-?™"'t duty,
p S 14 5 117 R. L. 16, 5 137. 1917,327,5 17. "'■''■
1887 411, § 114. 1905,465, § 143. G. L. (ed. of 1920) 33, § 21.
1893, 367, § 114. 1908, 604, § 160. 1924, 465.
1 Section 18. The governor, under such regulations as he may pre- Exdusion^f
2 scribe, with the consent of the council, may exclude traffic from highways highways, etc.
3 during target practice or maneu\'ers of the Massachusetts volunteer nji?; 327; § is.
4 militia, whenever he deems that public convenience or safety so requires, fgoo) 33!' §"22.
1 Section 19. The commander-in-chief may make regulations for the May make
2 government of the militia in accordance with law, and may publish them nulSish miiUia
3 with a sufficient index. He shall cause copies of this chapter, with such #"^14. § 151.
4 amendments as ma\' be made from time to time, to be published for the ffjg*"'
5 information and use of the volunteer militia, with a sufficient index for ff^^^'^'^-
6 every such publication, and copies sufficient for the proper supply pf the k^L. le^ § i7i.
7 several commands of the volunteer militia shall be printed and issued § 177.
8 by the adjutant general.
1906, 504, § 14. 1917, 327, § 19. 1924, 465.
1908, 604, § 193. G. L. (ed. of 1920) 33, § 23.
1 Section 20. The governor, with the advice and consent of the council, oTg^lHtiLs.
2 may transfer any or all organizations, departments or staff corps of the fp'jg J27, 5 1.
3 Massachusetts volunteer militia to such United States volunteer military lai^i 327, iw.
4 or naval force, other than the regular army or navy, as the congress of 1920) 33^ 5 24.
5 the United States may at any time authorize, and commission or enlist-
6 ment in such United States force shall entitle officers and men to an
7 honorable discharge from the Massachusetts volunteer militia; but no
8 organization shall be transferred by the governor to such United States
9 force if a majority of the officers and enlisted men of the organization
10 shall by vote reject such proposed transfer within thirty days after notice
11 to the commanding officer thereof by the governor of his proposal to so
12 transfer. This section shall not affect the right of any officer to be retired
13 under the provisions of this chapter. Any officer or enlisted man of any
14 organization that has been transferred to such United States force, not
1,5 electing to enter the said force, shall be entitled to receive an honorable
1(3 discharge from the Massachusetts volunteer militia, if such discharge
1 7 would not contravene any law of the United States.
1 Section 21 . The governor, with the advice and consent of the council, prop^ty to °^
2 may lease to, or permit to be used by, any United States volunteer u^t«d states,
3 mil'itary or naval force, authorized by the congress of the United States, lajs, m, § 2.^
4 military or naval property belonging to the commonwealth, upon such a^L. <^^-^°<^^
5 terms and conditions as will fully protect the commonwealth against 1924,465.
6 expense.
312
COMMANDER-IN-CHIEF.
[Chap. 33.
Commander-
in-chief's staff,
appointment,
composition,
etc.
Military
council and
naval militia
bureau.
Const, amend.
4, 53.
(Const. Rev.
arts. 124, 148.)
1879, 96.
P. S. 14, §§11,
35.
1884, 230, § 6.
1887, 411,
§S 11.34.
1892. 238.
1893, 367,
§§11,34.
189.5, 465,
1897. 448,
§§1,2.
1898, 359,
§5 1-4, 6.
1900, 352;
353.
R. L. 16,
36.
1905,465,5112,
39.
1907. 526, § 1.
1908,604, §§12,
42.
1910, 299.
1912, 268;
720. § 1.
1914. 460.
1916, 284,
1917, 327,
1919, 18.
G. L. (ed. of
1920) 33. § 26.
1924, 465.
1927, 19.
1931, 262.
§1.
§§12,
§5.
§ 22.
Section 22. The staff of the commander-in-chief shall be appointed 1
by him and shall consist of: 2
One adjutant general with the grade of brigadier general ; 3
Three aides de camp, one with the rank of lieutenant colonel and two 4
with the rank of major; _ _ 5
Eight aides de camp, to be detailed annually from the commissioned 6
officers of the Massachusetts volunteer militia, but not to be relieved from 7
duty with their organizations while serving in that capacity. 8
In case of war, actual or threatened, the commander-in-chief may 9
appoint such additional staff officers as the service may require, with such 10
grade, not higher than that of colonel, as he may designate, and he may 11
delegate to or confer on such staff officers such authority and duties as he 12
deems proper. 1^
The staff officers aforesaid, excepting the detailed aides de camp, shall 14
be commissioned and hold office until their successors are qualified, but 15
they may be remo\ed at any time by the commander-in-chief. 16
No person shall be eligible to appointment on said staff unless he has 17
served at least six years in the volunteer militia of the commonwealth, 18
at least two years of which shall have been as a commissioned officer, or 19
has had equivalent active service in the army or navy of the United 20
States, or in the organized militia of other states. 21
During the absence or disability of the chief of any staff corps or 22
department, or when he is called into the service of the United States, the 23
commander-in-chief may in orders designate some officer to perform his 24
duties. 25
The commander-in-chief may detail from the officers of the land forces 26
a military council which, subject to his authority, shall determine the 27
policies of the land forces; and he may appoint or detail from the officers 28
of the naval forces a naval militia bureau in the department of naval 29
militia which, subject to his authority, shall determine the policies of the 30
naval forces. 31
The adjutant general shall be, ex officio, a member of the military 32
council, and of the naval militia biu-eau in the department of naval militia. 33
Adjutant
general and
department of
naval militia.
Powers and
duties.
1879, 117, § 2.
P. S. 14, § 12.
1887, 411, § 12.
1893, 367, § 12.
R. L. 16, § 13.
1905, 465, § 13.
1908, 604, § 13.
1916, 284, § 1.
1917, 327, § 23.
G. L. (ed. of
• 1920) 33, § 27.
1924, 465.
216 Mass. 605.
Section 23. The adjutant general shall be charged with carrying
out the policies of the commander-in-chief and the military council asto
the land forces, and shall issue orders in the name of the commander-in-
chief. The department of naval militia shall be charged with carrying
out the policies of the commander-in-chief as to the naval forces, and shiill
issue orders under the authority of the commander-in-chief. Except in
those cases where by law or regulations specific powers are conferred on
the adjutant general as such, he shall have no authority independently
of the commander-in-chief, from whom his orders shall be considered as
emanating, and the acts of the adjutant general and the department of 10
naval militia shall be regarded as in execution of the orders of the com- 11
mander-in-chief. 1-'
All orders and instructions, and all regulations for the government of 13
the militia and of the officers and enlisted men therein, shall be issued by 14
and communicated to the commands and individuals in the military 15
service through the adjutant general and the department of naval militia. 16
The adjutant general shall make such returns and reports as may be 17
prescribed by the commander-in-chief or required by the laws or regula- 18
tions of the commonwealth or of the United States. 19
Chap. 33.] aid to civil power. 313
1 Section 24. The adjutant general shall receive a salary of forty-one Adjutant
2 hundred dollars. He may detail such officers of appropriate rank and may As/stanL.
3 employ such clerks and other assistants as may be necessary in his depart- § 3'; '197.'
4 ment at an expense not exceeding the amount annually appropriated fgsl.^sV^^^'
5 therefor.
1SS7, 411, 5 13. 1905, 465, 5 14. 1919, 280, § 1.
1S93, 193:231:367, § 13. 1908, 604, § 14. 1920, 364, § 1-
1895, 465.5 2. 1910. 348, § 1. G. L. (ed. of 1920) 33, § 28.
R. L. 16. § 14. 1912, 593. 1921, 3,W, § 1.
1902, 336. 1913, 710. 1924, 465.
1904, 439. 1917. 92: 327, § 24.
AID TO CIVIL POWER.
1 Section 25. The commander-in-chief shall call out the volunteer Caii of
2 militia to repel an invasion or to suppress an insurrection made or ofYnva^ron^or
3 threatened. If such invasion, insurrection or imminent danger thereof is pfs^u''™'
4 so sudden that the commander-in-chief cannot be informed and his orders f|87^'4n°'
5 seasonably received and executed, a brigade commander in that part of llgl^'ggy
6 the commonwealth may order out his brigade, or any part thereof. 5§ 21, 98.'
R. L. 16, §5 22. 120. 1917, 327, § 25. 1924,465.
1905. 46.5. §5 22, 124. G. L. (ed. of 1920) 33, § 29. 8 Mass. 547.
1908, 604, §§ 15, 141.
1 Section 26. In case of a tumult, riot, mob or a body of persons acting caii of miiitia
2 together by force to violate or resist the laws of the commonwealth, or turauk.°riot,
3 when such tumult, riot or mob is threatened, or in case of public catas- ofprefe"?™
4 trophe or when the usual police provisions are inadequate to preserve fgsl'^n! § 99.
5 order and afl'ord protection to persons and property, and the fact appears js^^, 367, §^99.
6 to the commander-in-chief, to the sheriff of a county, to the mayor of a loos, 465,
7 city or to the selectmen of a town, the commander-in-chief may issue his i908,'604,
8 order, or such sheriff, mayor or selectmen may issue a precept, directed to 19^5^ 2S9, § e.
9 any commander of a brigade, regiment, naval brigade or battalion, a^Z'. ?fd.' of"^'
10 battalion, squadron, corps of cadets or company, within the jurisdiction {Hfoia.^ ^°'
11 of the officer issuing such order or precept, directing him to order his 1924, 465.
12 command, or any part thereof, to appear at a time and place therein
13 specified to aid the civil authority in suppressing such violations and
14 supporting the laws; which precept shall be in substance as follows:
Commonwealth or IVIassachusetts.
To (insert the officer's title) A. B., commanding (insert his command).
Whereas, It appears to (the sheriff, mayor or the selectmen) of the (county,
city or town) of , that (here state one or more of the causes above
mentioned) in our of , and that military force is
necessary to aid the civil authority in suppressing the same: Now, therefore,
we command you that you cause (the command or such part thereof as may be
desired), armed and equipped with ammunition and with proper officers, to
parade at , on then and there to obey such orders as
may be given according to law. Hereof fail not at your peril, and have you
there this precept with your doings returned thereon.
15 This precept shall be signed by the sheriff, mayor or selectmen, and
16 may be varied to suit the circumstances of the case; and a copy of the
17 same shall immediately be forwarded by the sheriff, mayor or selectmen
18 to the commander-in-chief.
1 Section 27. The officer to whom the order of the commander-in-chief Sandcf ofTit.
2 or brigade commander, or a precept as aforesaid, is directed shall forth- p- s. 14, § 102.
314
AID TO CIVIL POWER.
[ClIAP. 33.
1887, 411,
§100.
1893. 367,
5 100.
R. h. 16. § 122,
1905, 465,
§ 126.
Penalty for
disobedience.
P. S. 14, § 103.
1887. 411,
§ 101.
with order the troops therein called for to parade at the time and place 3
appointed, and shall immediately notify the commander-in-chief of his 4
order, in the most expeditious manner, and also by letter through the 5
usual military channels. 6
1908. 604, § 143. 1917, 327, § 27. G. L. (ed. of 1920) 33. § 31. 1924, 465.
Section 28. If an officer neglects or refuses to obey such order or 1
precept, or if any officer or soldier fails to obey an order issued in pur- 2
suance thereof, he shall be punished as a court-martial may direct. 3
1893, 367, 5 101. 1908, 604, § 144. G. L. (ed. of 1920) 33, § 32.
R. L. 16. § 123.
1905, 465, § 127.
1917, 327, § 28.
1924, 465.
JppcMaraed, SECTION 29. Such troops shall appear at the time and place ap-
p'^s 14 § 104 pointed, armed, equipped, and with ball ammunition, and shall obey
1887,411, and execute such orders as they have received, or such additional orders
1893, 367, as they may then and there or thereafter receive from the commander-
R. l"'i6. 5 124. in-chief, or from an officer or magistrate acting under section twenty-
1905,465, §128. n . , ■
1908! 604; §145. uvc or twcuty-six.
1917, 327, § 29.
G. L. (ed. of 1920) 33. § 33.
1924, 465.
Additional SECTION 30. Whenever practicable all orders issued under the pre-
orciprs t'O DG
in writing when ccdlug scctiou shall, at the request of the officers to whom addressed,
1903.465, ' ' be in writing and signed by the officers or magistrates issuing the same.
i9os!'604, Such orders shall set forth the purpose to be accomplished by the mili-
\iy^;z2i, % 30. tary officer to whom addressed, but shall not prescribe the military
1920) 33''§°34 measures to be used or the orders to be issued by said officer, who shall
1924, 465. use such measures and issue such orders as he deems necessary to accom-
plish the purpose indicated.
No liability for
acts under
orders.
1905. 465.
§ 130.
1908, 604,
§ 147.
1917, 327, § 31.
G. L. (ed. of
1920) 33. § 35.
1924, 465.
Section 31. No officer or soldier shall be liable, either civilly or 1
criminally, for any injury to persons or property caused by him or by 2
his order, while serving under section twenty-five or twenty-si.^ and act- 3
ing in obedience to and in execution of any orders received from the 4
persons, and in the manner, prescribed by this chapter, unless the act 5
or order causing such injury was manifestly beyond the scope of the G
authority of such officer or soldier. 7
Expense of SECTION 32. Upou the termination of any service of the land or
servqceat call of , „ i ii p i i *m» p i e •
sheriff, mayor, naval torccs at the call oi the sheriri ot a county, the mayor or a city or
collected. the Selectmen of a town, under the se\en preceding sections, the adjutant
[g"'l. 33,' general shall certify to the state treasurer the expense of said service,
1924)465. and the state treasurer shall thereupon assess said expense upon any
such city or town as an addition to its share of the state tax next to be
assessed, or shall collect said expense from the treasurer of any such
county, as the case may be.
Additional
force to be
taken from
unorganized
militia, when.
P. S. 14, § 107. . ,
1887,411, §105. eight.
Section 33. When the entire organized militia has been called out
under section twenty-five or twenty-six and a further force is required,
it shall be taken from the unorganized militia, as provided in section
1893, .367, § 105.
R. L. 16. § 127.
1905, 465, § 133.
1908, 604, § 150.
1917, 327, § 33.
G. L. (ed. of 1920) 33, 5 37.
1924, 465.
Chap. 33.] armories and armory commissioners. 315
1 Section 34. No officer or soldier of the volunteer militia, not on Excuse from
2 leave of absence or furloii,£;h, shall be excused from duty when called or i.unishment
3 ordered out under section twenty-five or twenty-six, except uj)()n a wUhouUeave.
4 physician's certificate of disability. If an officer or soldier is absent fssr/Zuf ^^*'
5 without lea\e and does not produce such certificate to his commanding i89|"-je7_
G officer, he shall be tried by court-martial for desertion, or absence with- j\'fj^ jg , ^^g
7 out leave. Sickness shall not be an excuse unless he procures a certificate isos^ 465,
8 or satisfies the court-martial that he was unable to procure the same. 1908,604,
1917, 327, § 3-1- 1924,465. II Mass. 456. ^ '^^■
G. L. (ed. of 1920) 33, § 38. 9 Mass. 322. 7 Pick. 251.
armories and armory commissioners.
1 Section 35. The aldermen or the selectmen shall provide for each Certain cities
2 command of the volunteer militia, or detachment thereof, not provided p^-ide ar- "
3 with an armory of the first class, and permanently stationed within the headquarters.
4 limits of their respective towns, an armory, including a suitable hall for fgly, 4*1^ f go.
5 the purpose of drill, and suitable rooms annexed thereto for the meetings J*83. ^^7. §^9o.
6 of the command, for administrative work, and for the safe keeping of isos. 465,
7 military property; and shall also provide for each headquarters perma- i906,504, §9.
8 nently located within their said limits, suitable rooms for administrative isos! 604!
9 work, for the assembling of officers for instruction, and for the safe i9\7^'327, § 35.
10 keeping of military property; and they shall provide for every such I9JI; f.^"^' ^ ^^'
11 armory and headquarters the necessary fuel, lights, watfer, telephone ip^o, 2.^ ^
12 service, janitor service and necessary repairs, or shall make a reasonable lapoi 33 § 39.
13 allowance therefor. Any town failing to comply with this section shall
14 forfeit to the commonwealth a sum not exceeding five thousand dollars
15 for each year during which such failure continues, to be recovered upon
16 an information in equity brought in the supreme judicial court by the
17 attorney general at the relation of the adjutant general. Any amount
18 so forfeitefl shall be credited to the armory appropriation for the fiscal
19 year in which the forfeiture occurs.
1 Section 30. Where two or more commands of the volunteer militia Location of
2 are permanently stationed in the same town, the aldermen or the select- headquarters
3 men may, if practicable, provide for such commands a suitable hall for ease""""
4 drill, to be used by them in common; provided, that in every other §'59.^*95
5 respect the preceding section is complied with. When practicable, the i***Jj *^^'
6 rooms provided for a headquarters shall be" in an armory provided isgVsw,
7 for its command, or for any of the units thereof.
R. L. 16, §5 113. 115. 1907, 626, § 3. G. L. (ed. of 1920) 33, § 40.
1905, 465, §5 117, 119. 1908, 604, § 128. 1924, 465.
1906, 504, § 9. 1917, 327, § 36.
1 Section 37. The aldermen or the selectmen shall provide and main- Parade
2 tain for each command of the volunteer militia or detachment thereof Authority to
3 permanently stationed within the limits of their respective towns suitable LTsuch'pur-
4 grounds for parade, drill and small arms practice, unless such grounds ^°%^u_
5 have been furnished for such command by the commonwealth. Any f^g^/'^^i*;
6 town failing to comply with this provision shall forfeit to the common- Uq^^'gH-
7 wealth a sum not exceeding five thousand dollars for each vear during §§'96, 92.'
. ' . • R L 16
8 which such failure continues, to be recovered upon an information in §§ 165, ii4.
9 equity brought in the supreme judicial court by the attorney general at §5^uo*^u8.
10 the relation of the adjutant general. Any amount so forfeited shall be H^f fje! ^ ^'
11 credited to the appropriation for small arms practice for the fiscal .vear in fJol^ise-
12 which the forfeiture occurs. When two or more commands of the volun- ?f'1',5 isd
1917, 327, 3 60.
316
ARMORIES AND ARMORY COMMISSIONERS.
[Chap. 33.
1918, 257,
§ 80; 285.
1919, 5.
1920, 2.
G. L. (ed. of
1920) 33, § 42.
1924, 465.
1 Op. A. G. 63.
teer militia are permanently stationed in the same town, the aldermen 13
or the selectmen may, if practicable, provide for such commands suitable 14
grounds for parade, drill and small arms practice, to be used by them in 15
common. Land for drill and parade grounds and for ranges for small 16
arms practice may be acquired by purchase or lease, or under chapter 17
seventy-nine. Towns where headquarters, commands or detachments 18
of the volunteer militia are permanently stationed may raise money by 19
taxation or otherwise for the acquisition of land for drill and parade 20
grounds or ranges for small arms practice or for complying with sections 21
thirty-five and thirty-eight. 22
Allowances to
cities and
towns for
armories, etc.
P. S. 14,
§§ 96, 98. 99.
18S5, 147.
1887, 411,
§§ 94, 96. 97.
1893, 367,
§§94,96,97.
Section 38. For each armory maintained by a town there shall
annually be allowed and paid by the commonwealth, in full for rental and
for all other charges of maintenance for such an armory, such sum or
sums as the state quartermaster shall determine, subject to the approval
of the adjutant general. The amount allowed to a corps of cadets shall
be determined by the commander-in-chief.
1895, 465, §5. 1906, 504. § 9. G L. (ed. of 1920) 33, § 43.
R. L. 16, §§ 116, 118, 119. 1907, 526, § 5. 1924, 465.
1903,457. 1908, 604, § 131. 1 Op. A. G. 508.
1905, 465, §§ 120, 122, 123, 1917, 327, § 39.
Section 39. The armory commissioners provided for in section
eighteen of chapter six shall have full supervision and control of the con-
struction of all armories erected by the commonwealth, and on coraple-
Armory com-
missioners.
General duties.
1907, 526, § 6.
1908, 604,
19177327, § 40. tion and acceptance of anv such armorv the care and maintenance
G. L. (ed. of ■ ■
1920) 33, § 44
1924, 465.
thereof, as well as the care and maintenance of all armories belonging to
the commonwealth, shall devolve upon the state quartermaster.
Construction,
etc., of
armories, etc.
1888, 384,
§§ 2, 5.
1894, 224.
R. L. 16,
§§ 107, 108.
1904, 371.
1905,391;
465, §§ 112,
113.
1906, 504, § 9.
1907, .we, § 7.
1908, 604,
§ 133.
1909, 323.
1912, 665.
1917, 327, § 41.
G. L. (ed. of
1920) 33, § 45.
1924. 465.
193 Mass. 406.
Section 40. The armory commissioners shall rebuild, remodel or 1
repair armories of the first class injured or destroyed by fire, and may 2
reconstruct, remodel, enlarge or otherwise impro\e existing state armor- 3
ies, if they deem the needs of the service so require, and shall construct 4
additional armories until the volunteer militia shall be provided with
adequate quarters. They shall designate the location of armories so to be
constructed and shall thereupon, on behalf of the commonwealth, take
under chapter seventy-nine or acquire by purchase or otherwise, suitable
lots of land in the respective towns designated, and shall erect, furnish
and equip thereon armories sufficient for one or more companies of 10
militia, and for such other commands or headquarters thereof perma- 11
nently stationed in any such town as they deem necessary; but no land 12
shall be acquired and no buildings erected, reconstructed, remodeled or 13
enlarged until the site and plans thereof, respectively, and the total 14
amount to be authorized therefor, have been approved by the governor 15
and council. 16
Taking of Section 41. The armory commissioners, on behalf of the common-
land for drill . , i i p i i -i ^ i i
grounds, Wealth, may, with the approval ot the governor and council, take under
1913, 812, 5 1. chapter seventy-nine, or purchase or lease land suitable for parade and
G.V. (ed.' of^'' drill grounds or for ranges for target practice until the volunteer militia
192°! 465.^ ''^' is adequately provided with parade and drill grounds and ranges for
1931, 426, § 63. target i)ractice, and upon land so acquired may, with the appro\ al of the
governor and council, erect such building or buildings as may be needed
for the use of the militia.
If land is acquired by purchase, under this or the preceding section, the
1
2
3
4
5
6
7
8
9
purchase price shall be i)aid i)y the commonwealth upon the execution of 10
Chap. 33.] armories and armory commissioners. 317
11 such a release or conveyance as shall be prescribed by the attorney
12 general.
1 Section 42. The armory commissioners may, by agreement with the Purchase of
2 aldermen of any city or the selectmen of an\- town owning an armory, moHe" «!
3 determine the \-alue of the land and buildings, and on ai^proval of such i907!'526!'§s.
4 agreement by the governor and council may purchase said armory in fffj'^'*'''
5 behalf of the commonwealth, and thereupon title to the land and build- }-jJ3. 812. |2^
6 ings so purchased shall vest in the connnonwealth. ^ g.^l'. M.'^of ^
7 The armory commissioners may, by agreement with the owners of the 1924, 465.
8 armory of the first corps of cadets in Boston and of the armory of the
9 Lawrence Light Guard in Medford, determine the value of the lantl and
10 buildings, and on approval of such agreement by the governor and
11 council may purchase in behalf of the commonwealth either or both of
12 said armories.
13 The armory commissioners may, by agreement with the aldermen of
14 any city or the selectmen of any town holding title to a drill and parade
15 ground or a target range, determine the value of such drill and parade
16 ground or target range and on approval of such agreement by the governor
17 and council may purchase such drill and parade ground or target range
18 in behalf of the commonwealth, and thereupon title to the land and
19 buildings so purchased shall vest in the commonwealth.
1 Section 43. To meet the expenses incurred under the three preceding Expenditures
- . , . . J u J. under three pre-
2 sections the armory connnissioners may expend such amounts as are ceding sections.
3 annually appropriated therefor by the general court, together with such HH] 211,' § 2.
4 armory loan funds as may from time to time be authorized specifically f904; 371^ ^°^
5 by the general court.
1905, 465. § 114. 1908, 604, § 135. G. L. (ed. of 1920) 33, § 47.
1906, 504, § 9. 1917, 327, S 43. 1924, 465.
1907, 526, § 9. 1918, 221.
1 Section 44. Armories built or purchased by the armory coramis- Armories of
2 sioners under former or existing laws shall be designated and known as i9og,1o4,T9.
0 ■ f 4.U « + 1 190'', 526, § 10.
3 armories of the nrst class.
1908, 604, e 136. G. L. (ed. of 1920) 33, § 48.
1917, 327, 5 44. 1924, 465.
1 Section 45. (a) When any armory or any parade and drill ground or cities and
2 range for target practice is furnished by the commonwealth in any town, reiTe"yed°of^
3 the adjutant general shall notify the town where such armory, parade and oWigl'tions.
4 drill ground, or range for target practice lies, and thereupon all obligations ^dTrlonwo'i^
5 of said town as to said armory, or parade and drill ground or range for °n.XJf^°e.""
6 target practice, under sections thirty-five, thirty-six and thirty-seven, i884, 384, §^8^
7 and all allowances and payments by the commonwealth for rent, shall i904. 371.
8 cease, as to the organizations quartered in said armory, or using said § ne. '''
9 parade and drill ground or said range for target practice. 11°?'. Ut'. §11.
10 (b) All armories taken, purchased or erected under this chapter shall ffly'^'^*'
11 be under the control of the commander-in-chief, and shall be cared for and J-Jj^' |i2, § 3^
12 maintained by the commonwealth, and the necessary expenditures for g^ lJ '•^f°[g
13 care and maintenance shall be made subject to the approval of the state 1924, 465.
14 quartermaster.
1 Section 46. The aldermen of a city, or the selectmen of a town, ^n^^aUe-.^^
2 providing an armory or armories, or headquarters, for use of the volun- to armories,
3 teer militia, shall annuallv on or before February first make returns p.^s. u,
§198,99.
3]^ 8 ARMORIES AND ARMORY COMMISSIONERS. [ChAP. 33.
1885,147. thereof to the state quartermaster on blank forms provided by him. 4
H*96,1)7.' All statements contained therein shall be sworn to by at least two mem- 5
If96,^97.' bers of the board of aldermen or by two of the selectmen. All such 6
r*'l. 16^' returns shall give the designation and location of each armory or head- 7
Uosjdv^' quarters, the name of each command or headquarters therein quartered, S
1905; 465. ^}jg rental paid or charged therefor, and when required by the state 9
1906, 504", § 9. quartermaster under the classification of such armories or headquarters, 10
1908:604;^^^' the expense incurred in heating, lighting and repairing the same, in 11
i9'i7!'327, § 46. fumishiug water, telephones and janitor service, as well as the aggregate 12
\9-m 33! §°50. cost of the land and building. The state quartermaster shall examine 13
1924,465. pj^^.j^ return so made and allow or disallow, in whole or in part, the 14
sums so returned, his decision being subject to review and amendment 15
by the commander-in-chief. He shall annually, not later than March 16
first, file with the state comptroller his certificate, stating the sum 17
allowed for each armory, the name of the command or headquarters 18
occupying it, and the town making the return, and thereupon he shall 19
notify the mayor or the selectmen of the sum allowed, which shall be 20
paid to such town; but no return received by the state quartermaster 21
after February first shall be allowed. 22
Cgmmanding^ SECTION 47. Every officcr whose command occupies, or assembles or 1
control of drllls lu any armory, drill hall or building used according to law for that 2
p"s°'iC{97. purpose shall have control of such premises during the period of occu- 3
1893; 367; § 95: pation, subject to orders of his superior officers, and any person intrud- 4
1905; 465,^ "^' ing contrary to his orders or to the orders of his superior officers, or who 5
i906!'504, § 9. interrupts, molests, obstructs or insults the troops or any of them so 6
1908' 604! ^ ^^' occupying such premises, may be ejected, forcibly, if necessary, or may 7
wit' 327' « 47 ^^ ^^^^^ ^'^^ ^^ provided in sections fifty-six and fifty-seven for like 8
G. h. (.ed'.oi ' offences, at the discretion of such officer or of his superior officers; but 9
192°! 465.^*'' in armories not of the first class reasonable inspection of the premises 10
may be made by the aldermen or by the selectmen, or by the owTiers of 11
the premises if such inspection is under the terms of the lease. 12
Use of Section 48. (a) Armories provided for the militia shall be used by 1
re^'iated. the militia for the military purposes or purposes incidental thereto 2
r887,4i'L 594. designated by the commander-in-chief. Military units stationed in an 3
1895; 465; I s*' armory may, at any time when it is not in use for military purposes, 4
1905; 298^ "''^ use such armory without charge for social activities, or athletics, subject 5
1906 V69°§ 1- only to rules and regulations promulgated by the military custodian of 6
1907 Vie 111 such armory and approved by the governor and _ council. No non- 7
1908; 604;
19\4%S2. interferes with its military use, but such non-military use shall not be 9
1908; 604; ■ military use of an armory under this section shall be permitted which 8
19\4%S2. interferes with its military use, but such non-military use shall not be 9
1917; 327, §48. deemed to interfere with military use if all unit commanders aft'ected 10
Uo^'^gL^^''' can conveniently and without detriment to the service utilize the armory 11
?920) 33! °' for the usual military purposes at other than the usual time or m other 12
,M'-^\i than the usual manner. 13
' 1924,257:465. 1 Op. A. G. 508.
Approval of (i^\ ^jj„ amiorv mav be used for the purposes set forth in subsections 14
application, etc. y"' •'^".r " ^ ,. r r -i j i ,i ir
G.L. c«i.of (c) and (d) m accordance with terms and conditions prescribed by the lb
f52(6).' commander-in-chief, upon application therefor to the adjutant general 16
1924,257:465. ^,^|.^j^|„jj ^j^^ military custodian of the armory. No such application 17
shall be granted unless it is approved by both the adjutant' general and 18
the military custodian and contains a certificate from each unit com- 19
ClL\P. 33.] ARMORIES AND ARMORY COMMISSIONERS. 319
20 mandcr whose drill or other military duty is to he changed or modified
21 by such use, statinij that he approves the application and that such
22 change or modification will not in any way be detrimental to his unit
23 or to its training, and further stating in detail the manner in which said
24 change or modification is to be efl^ected.
25 (c) Subject to the provisions of subsection (b), armories may be used jYc^^^Jg"^
26 temporarily for the following public purposes: c,\ l^ ^^^^2
27 A public meeting or hearing held by a state department or commission. 1924, 257; 465!
28 An examination conducted by the division of civil service.
29 A meeting of an organization composed of veterans of the civil, Span-
30 ish or world war, or their auxiliaries, a board of trade, a chamber of
31 commerce, or a meeting to raise funds for any non-sectarian charitable
32 or non-sectarian educational purpose.
33 A meeting to raise funds for a benefit association of policemen or
34 firemen.
35 Elections, primaries or caucuses, and town meetings.
36 Meetings of such military organizations of scholars in the public
37 schools of a town as may be approved by the school committee thereof.
38 A meeting or rally of a political or municipal party, as defined by
39 section one of chapter fifty, conducted by the duly constituted local
40 committee of such party; provided, that no party shall be permitted to
41 use the same armory more than twice in the same year.
42 A meeting of any organization of boys under eighteen years of age, or
43 of any student military organization conforming to the regulations and
44 training prescribed by the commander-in-chief, with a view to preparing
45 the members thereof for military or naval service. Upon application to
46 the commander-in-chief and on terms and conditions prescribed by
47 him, such organizations may be permitted to use for parade or drill
48 purposes such grounds owned by the commonwealth as are used by the
49 militia of the town where the organization is located.
50 Compensation for the use of any armory under this subsection shall
51 be fixed by the adjutant general with the approval of the commander-
52 in-chief, and shall not exceed a sum sufficient to cover all expenses of
53 lighting, heating and guarding the armory, and similar expenses. Such
54 compensation shall be paid to the adjutant general who shall pay the
55 same to the commonwealth.
56 {d) Subject to the provisions of subsection (b), an armory may be Use for ex-
57 used for a period of not exceeding three days for any exhibition of the d. L'^d.^or
58 products of labor, agriculture or industry, including any automobile \^i2\df.'
59 exhibition conducted by a responsible organization, and for the purpose Jg|*' ^^^'
60 of decorating the premises, for such additional time immediately pre- '^^s, 230.
61 ceding said period, not exceeding eighteen hours, as may be approved
62 by the adjutant general and the military custodian, and for the purpose
63 of removing decorations, exhibits or equipment, for such additional
64 time immediately following said period, not exceeding eighteen hours,
65 as may so be approved; provided, that the compensation for such uses
66 shall in no case be less than the fair rental value for the entire period
67 during which the armory is occupied by any such exhibit or equipment,
68 of halls of a similar nature in the same or a similar city or town together
69 with a sum sufficient to cover the expense of providing such guards as
70 may be necessary to protect the armory while so used. Subject to the
71 foregoing limitation, such compensation shall be fixed by the adjutant
72 general with the approval of the commander-in-chief and shall be paid
73 as provided in subsection (c).
320
ORGANIZED MILITIA, GENERAL PROVISIONS.
[Chap. 33.
Payment for
damage, etc.
Bond.
G. L. (ed. of
1920) 33,
5 52W.
1924, 257:465.
(e) Each organization using an armory under subsection (o) or (d) 74
shall, under rules and regulations prescribed by the commander-in-chief, 75
pay for any damage to or loss of any property or equipment. Said rules 76
and regulations may also require that such organization shall file with 77
the adjutant general a bond in such form and amount and containing 78
such conditions as said rules and regulations may prescribe. 79
Operation of
cinemato-
graphs, etc.,
in armories,
1914, 196.
1917, 327, 5 49.
1919,350, §§99,
101, 102.
G. L. (ed. of
1920) 33, § 53.
1924, 465.
Section 49. An officer or enlisted man of the volunteer militia
licensed under chapter one hundred and forty-three, may, in any armory
or other place permanently occupied by the commonwealth for military
purposes, operate any cinematograph or similar apparatus owned or
controlled by the commonwealth, without obtaining the special license
required by section eighty-two of said chapter or, in Boston, that required
by chapter two hundred and eighty of the acts of nineteen hundred and
thirteen; provided, that all other laws of the commonwealth and the
regulations of the state police relative to the use of the cinematograph
or similar apparatus are complied with.
1
2
3
4
5
6
7
8
9
10
Penalty for
unauthorized
wearing of
uniforms, etc.
1890. 425. § 8.
1893, 367, § 71.
E. L. 16, § 8.5.
1905. 465, § 90.
1906. 504, § 7.
1908. 604,
§ 106.
1912, 67.
GENERAL PROVISIONS.
Section 50. Any part of the uniform or insignia of rank prescribed
for officers or enlisted men of the volunteer militia shall be worn only by
persons entitled thereto by commission or enlistment under the laws of
this commonwealth or of the United States or of another state of the
United States. Whoever violates a provision of this section shall be
punished by a fine of not less than ten nor more than one hundred dollars,
on complaint of any officer or enlisted man of the militia.
G. L. (ed. of 1920) 33, § 55. 1924, 465.
Disposition
of certain
returns and
applications.
1916, 279.
G. L. (ed. of
1920) 33, § 56.
1924, 465.
Street railways,
etc., may
transport
military
supplies.
1909, 118.
1917. 327, § .52.
1919,350, §U7,
G. L. (ed. of
1920) 33, § 57.
Section 51. Returns made to the adjutant general by town clerks
under section six, and applications for the use of armories made under
section forty-eight, may, after the lapse of one year from the date of their
receipt, be destroyed or disposed of by order of their lawful custodian,
and any proceeds received in the course of their disposal shall be paid to
the commonwealth.
Section 52. Street railway, electric railroad and elevated railway
companies may transport military supplies and equipment over their
respective lines, and from and to any point thereon, subject only to the
supervision of the department of public utilities and to such regulations
as it may impose.
1924, 465.
Military bands
may be excused
from camp and
substitute duty
ordered.
1912. 117.
1917, 327, § 53.
G. L. (ed. of
1920) 33. § 58.
1924, 465.
1
2
3
4
5
6
1
2
3
4
5
Section 53. Commanding officers of organizations which are allowed
military bands may, so far as is consistent with the laws of the United
States for the government of the national guard, with the appro\al of the
commander-in-chief, excuse the members of such bands from performing
the annual tours of camp duty with their organizations, or any part of
such tours, and at any time thereafter may, with the appro\al of the
commander-in-cliief, order such bands to perform duty from time to time
not in excess of the number of days for wliich they were excused from
camp duty, and the members of the bands shall be paid for such duty at
the same rate and witii the same allowance which they would have 10
received had they performed such duty at camp. H
Chap. 33.] organized militia, general provisions. 321
1 Section 54. (a) No parade or voluntary service shall be performed JJ" P^'i?;^^;,^
2 by any company un<ler arms or with state uniform without the approval g;!;;'^,^,'-,,
3 of the regimental, separate battalion, naval battalion or squadron com- tc.n,_,orary or
4 mander or such other organization commander as may be authorized by r a u,^§ 120.
5 the commander-in-chief or, if unattached, of its next superior commander, fni* '
6 (b) Any officer or enlisted man may temporarily be detailed or assigned fn?.^"'
7 to duty with commands other than his own, or he may be detailed for any ^ ^ i^' 5 i*o-
8 special duty by competent authority.
1905 465, § 146. 1916, 284, § 2. G. L. (ed. of 1920) 33, § 59.
1908, 604, § 163, 1917, 327, § 54. 1924, 465.
1 Section 55. A judge advocate may be detailed by the commander- Judge^^^
2 in-chief to attend any encampment, and during the encampment shall, powers at
3 within the limits of the camp and for a distance of one mile from the R^.TiTuia.
4 guard line, have the jurisdiction of a district court of all offences then and |%.*"*
5 there committed.
1803 367 S 110. 1908, 604, § 155. G. L. (ed. of 1920) 33, § 139.
R. L. 16, §132. 1917, 327, § 150. 1924, 465.
1905, 465, § 138.
1 Section 56. Every commanding officer, when on duty, may fi^' Bounds of
2 necessary bounds and limits to his parade or encampment, not including encampments,
3 a road within such bounds in such manner as to prevent traveling thereon, mem""™^'"
4 within which bounds and limits no person shall enter without his leave, '^""''l^'f Jli.
5 Whoever intrudes within the limits of the parade or encampment, after |^f/^*"'
6 being forbidden, may be ejected, forcibly if necessary, or may be confined i^*j83^367,
7 under guard during the time of parade or encampment, or during a shorter Rj^l. le^ § ui.
8 time, at the discretion of the commanding officer; and whoever resists a § 147.
9 sentry may be arrested by order of the commanding officer and dealt with § jgi. '
10 as provided in the following section.
1917, 327. 5 55. G. L. (ed. of 1920) 33, § 60. 1924, 465.
1 Section 57. Whoever interrupts, molests or insults, by abusive Penalty for
2 words or behavior, or obstructs any officer or soldier while on duty or at SsuUing* °
3 any parade, drill or meeting for military improvement, may immediately p°s'"i4™§''i2i"
4 be put under guard and kept at the discretion of the commanding officer l^'ng*"'
5 until the duty, drill, parade or meeting is concluded; and may be de- }|^||^?; ^^•
6 livered into the custody of any police oflScer or constable of the town |,'}^ jg ^ j^2.
7 where such duty, parade, drill or meeting is held, who shall detain him in igos,' 465,
8 custody for examination or trial before a court having jurisdiction of the i9os,'604,
9 place; and any person found guilty of any of the offences enumerated 1^7^327, §56.
10 in this section, or in sections forty-seven and fifty-six or of obstructing or pggoj ^3, fei.
1 1 interfering with United States forces or troops or any part of the militia i924, 465.
12 in the exercise or enjoyment of the right of way granted by the following
13 section, shall be punished by a fine of not more than one hundred dollars
14 or by imprisonment for not more than six months.
1 Section 58. United States forces or troops, and any part of the Troops to have
2 militia parading, or performing any duty, according to law, shall have If^^ °^ ""'^'
3 the right of way in any street or highway through which they may pass; Jggl, 4nf ^^^'
4 provided, that the carriage of the United States mails, the legitimate jV9|°-3e7_
5 functions of the police, and the progress and operation of fire engines and ^^'^■^^ ^ j^3
6 fire departments shall not be interfered with thereby.
1905, 465, § 149. 1917. 327, § 57. 1924, 465.
1908, 604, § 166. G. L. (ed. of 1920) 33, § 62.
1 Section 59. Except while on duty under section twenty-five or NomiHtary
2 twenty-six, or in obedience to the commander-in-chief, no officer or ?ionVa°y,^ ^°"
except, etc.
322 ORGANIZED MILITIA, GENERAL PROVISIONS. [ChaP. 33.
P. s. 14, 1 126. soldier shall be required to perform military duty on a day appointed 3
§^23*"' for a state election in the town where he resides; and an officer parading 4
1893^367, j^j^ command, or orderino; it to parade, contrary to this section, shall be 5
fgok 405,^ "^' liable to trial by court-martial. 6
I 152. ' 190S, 604. § 169. 1917. 327, § 58. G. L. (ed. of 1920) 33, § 63. 1924, 465.
Unauthorized SECTION 60. No body of men, except the volunteer militia, the troops 1
lircarms, etc., of the Uuitcd Statcs and the Ancient and Honorable Artillery Company 2
f!s\ ii^ivii. of Boston, except as provided in the following section, shall maintain an 3
1884! 23a i 15. armory, or associate together at any time as a company or organization, 4
1887,411, Jq^ j[j.j|| Qp parade with firearms, or so drill or parade; nor shall any 5
1893' 367' ^ '°' town I'aisc or appropriate money toward arming, equipping, uniforming, 6
§ 124. ' supporting or proA'iding drill rooms or armories for any such body of 7
i9oo! 162! ■ men; provided, that associations wholly composed of soldiers honorably 8
1904! 226. ' discharged from the service of the United States may parade in public 9
1905^465. ^^.jj^]^ arms, upon the reception of any regiment or company of soldiers 10
190?! 232! § 4. returning from said service, and for escort duty at the burial of deceased 11
190*; 804, soldiers, with the written permission of the aldermen of the city or 12
1916.8. selectmen of the town w'here they desire to parade; that students in 13
1918! iss! § 1. educational institutions where military science is a prescribed part of 14
G. i3!(ed!of the course of instruction may, with the consent of the governor, drill 15
1923! foi.^*^*' and parade with firearms in public, under the superintendence of their 16
192?! 120! teachers; that members of schools for military instruction conducted 17
19.3?' 63 § 1 "^^''th the approval of the governor, may drill and parade with firearms 18
1(36 Mass 17^ ;,^ public, under the supervision of their instructors; that foreign troops 19
543, 552. ' ' whose admissioii to the United States has been consented to by the 20
United States government may, with the consent of the governor, drill 21
and parade with firearms in public; and any body of men may, with 22
the consent of the governor, drill and parade in public with any harm- 23
less imitation of firearms approved by the adjutant general; that regu- 24
larly organized posts of the Grand Army of the Republic, and of The 2,5
American Legion, and regularly organized camps of the United Spanish 26
War Veterans and regularly organized posts of the Veterans of Foreign 27
Wars of the United States and regularly organized detachments of the 28
Marine Corps League may drill and parade with firearms in public, 29
under the supervision of their duly authorized officers; that the Kear- 30
sarge Association of Naval Veterans, Lie, may at any time parade in 31
public their color guards of not more than tweh'e men armed with fire- 32
arms, that the Society of Colonial Wars in the Commonwealth of !^L^ssa- 33
chusetts, the Order of the Founders and Patriots of America, the l\Lassa- 34
chusetts Society of the Sons of the American Re\olution, the Society of 35
the Sons of the Revolution in the Commonwealth of Massachusetts, the 36
Society of the War of 1812 in the Commonwealth of ]\Lassachusetts, and 37
regularly organized branches of any of said societies may at any time 38
parade in public their uniformed color guards of ten men with firearms; 39
that regularly organized camps of the Sons of Veterans may at any time 40
, parade in public their color guards of ten men with firearms; and that 41
any organization heretofore authorized by law may parade with side- 42
arms; and any veteran association composed wholly of jiast members 43
of the militia of the commonwealth ma\' maintain an armor\- for the use 44
of the organizations of the militia to which its members belonged; pro- 45
vided, that such drill or parade is not in contravention of the laws of 46
the United States. 47
Chap. 33.] orcanized militia, general provisions. 323
1 Section 61 . Tlie adjutant general, with the approval of the governor, ReEuiations^.^^
2 niav nrescril)e riilfs and regulations under which any body of citizens of amiVrado
" * , , / , • , ■ II , • ■ II with firearms
3 the commonwealth, organized as an association, chil) or training scliool by .-ertain
4 for the purpose of acquiring military knowledge, discipline and training, r,;;'',';^^ "war.
5 mav drill or parade with firearms; provided, that written consent is ('f' [• f°2; of
6 first obtained from the adjutant general, and that the body organized |^|o; 1^:^85.
7 as aforesaid shall adopt such uniform, equipment and insignia of rank
8 as he shall prescribe. He may authorize the use by any such body of
9 any state armory for drill or training; provided, that such use shall not
in interfere with the occupation and use of the armory by the volunteer
11 militia. The governor may, at any time, disband any such body. This
12 section shall be operative only during such time as the United States
13 may be in a state of actual warfare.
1 Section 62. Whoever violates any provision of the two preceding P™{|yJ°^,
2 sections, or belongs to or parades with any such unauthorized body of two" preceding
3 men with firearms, shall be i)iinished by a fine of not more than fifty p.''s.°'i4.Ti28.
4 dollars or by imprisonment for not more than six months, or both. filJs.''"'
1893 307 § 125. 1905, 465, 5 134. G. L. (ed. of 1920) 33, § 66.
189.5' 4li.5, § 7. 1908. 604, § 171. 1924, 463.
R. L. 16, § 148. 1917, 327, § 60.
1 Section 63. The commander-in-chief may send a rifle team composed ^'^| Z;^^,?'-
2 of members of the Massachusetts volunteer militia to take part in the J?'£' ^f]' Jf^^-
3 annual competitions in rifle shooting for national and other trophies 1920)33, §67.
4 held in the United States.
1 Section 64. Officers of the armv and navv of the United States officers of
. ^ 1 . i* .\ I nited States
2 detailed by the war or navy department, at the request or the com- army and navy
3 mander-in-chief, to act as instructors, advisers or umpires, or to perform bur^'sed"""
4 any other duty in connection with the volunteer militia of the common- ^gg^flo."''^"'
5 wealth, shall" be reimbursed by the commonwealth for all expenses i9i7;j27, §^p-
6 incurred by them in the performance of the said duties, and authorized 1920)33. §68.
7 or approved by the adjutant general, in excess of those expenses allowed
8 and paid by the United States. Payments under this section shall be
9 made to officers entitled thereto on certificates approved by the adjutant
10 general, in such form as the commander-in-chief shall prescribe.
1 Section 65. Division, brigade, regimental, battalion, squadron, D'™^""'
2 company, mess, band or detachment funds shall be maintained and etc.^funds.^ ^
3 conducted as the commander-in-chief may prescribe in regulations, isi?; 327! § as.
4 The administration of such a fund by the officer designated in regula- fgooi 33! §°69.
5 tions to have the custody thereof shall be one of the duties pertaining to i924, 463.
6 his office and for the proper performance of which he shall furnish bond
7 to the commonwealth. Suit on the bond of such officer to recover for
8 any misappropriation of the fund shall be brought in the name of the
9 commonwealth for the benefit of the organization affected. Upon the
10 disbandment of any organization maintaining a funti as above provided,
1 1 the adjutant general shall at once become custodian or treasurer thereof,
12 and shall draw a check for the total amount on deposit in favor of the
13 state treasurer, who shall hold such funds or shall expend them as the
14 general court may prescribe.
1 Section 66. Members of the volunteer militia shall not be liable for Ejemption^^^
2 jury duty, and any citizen who has served for nine years in the volunteer ^nS'dom civu
324
ORGANIZED MILITIA, GENERAL PROVISIONS.
[Chap. 33.
PS. 14, i§ 153, militia, or whose total faithful service in the volunteer militia and in the
1887,411, §151. United States army in time of war equals nine years, shall be exempt for
r^^l! ie^' ^^^'' life from jury duty. No officer or soldier shall be arrested on civil process
1905^^465^*' while going to, remaining at or returning from a place where he is ordered
190s'' M4*^' ^^ attend for election of officers or for military duty.
§§ 195, 197. 1917, 327, §§ 64, 67. 1920, 199. G. L. (ed. of 1920) 33, § 70. 1924, 465.
No loss of pay
or vacation to
certain state
and municipal
employees in
militia, etc.
1916, 126.
1917, 327, § 65.
G. L. (ed. of
1920) 33, § 71.
1924, 465.
1930, 157.
Section 67. Any person in the service of the commonwealth, or of a 1
city or town which, by vote of its city council or of its inhabitants at a 2
town meeting, accepts this section, shall be entitled, during the time of 3
his service in the organized militia, under sections seventeen, twenty-five, 4
twenty-six, one hundred and twenty-three and one hundred and eighty- 5
one, or during his annual tour of duty, not exceeding fifteen days, as a 6
member of the organized reserve of the army of the United States or of 7
the United States naval reserve forces, to receive pay therefor, without 8
loss of his ordinary remuneration as an employee or official of the com- 9
monwealth, or of such city or town, and shall also be entitled to the same 10
leaves of absence or vacation with pay given to other like employees or 11
officials. 12
Roll., of
militia.
Penalty for
false certificate.
P. S. 14, § 160.
1887, 411,
5 158.
1893, 367,
§ 158.
R. L. 16, § 180.
1902, 493.
1905. 465,
I 180.
1908. 604,
§ 196.
1917, 327, § 66.
G. L. (ed. of
1920) 33, § 72.
1923, 413, § 2.
1924, 465.
22 Pick. 406.
•23 Pick. 208.
Section 68. Rolls of the volunteer militia, showing the names of all 1
general, field, staff and noncommissioned staff officers, and the names of 2
all company officers and enlisted men in the service, shall be made annu- 3
ally on January first. Those for companies shall be prepared by the 4
respective company commanders, and all others by direction of the com- 5
manding officers of the several organizations. A sworn copy of such rolls, 6
or of so much thereof as may be necessary, shall be furnished by the 7
commanding officers of companies and of such other organizations 8
annually before January tenth to the registrars of voters in any city 9
except Boston, and in Boston to the election commissioners, and to the 10
selectmen of any town where such companies or organizations or any 11
members thereof are situated, for use in ascertaining exemptions from 12
jury duty. The issue by an officer of the volunteer militia of a false 13
certificate, or the issue of a certificate to any person not entitled to receive 14
it, in order to secure exemption from jury duty, shall be punished in such 15
manner as the commander-in-chief shall direct. 16
Compensation
to members of
militia for
injury during
military duty,
or for death re-
sulting there-
from.
P. S. 14, I 155.
1887, 411,
S 153.
1893, 367,
§ 153.
R. L. 16, 5 175.
1905, 465,
§ 182.
1906, 504,
1908, 604,
§ 198.
1909, 170.
1914, 380.
1917, 327, § 68.
G. L. (ed. of
1920) 33, § 73.
1924, 465.
1927, 291.
§ 15.
Section 69. A member of the volunteer militia who shall, when on 1
duty or when assembled therefor under sections seventeen, twenty-five, 2
twenty-six, one hundred and twenty-three, one hundred and thirty-five 3
and one hundred and eighty-one, receive any injury by reason of such 4
duty or assembly, or who shall without fault or neglect on his part be 5
wounded or disabled, or contract any sickness or disease, while perform- 6
ing any such lawfully ordered militia duty, incapacitating him from pur- 7
suing his usual business or occupation, shall, during the period of such 8
incapacity, receive compensation to be fixed by a board appointed to 9
inquire into his claim, not exceeding in amount the pay plus ration allow- 10
ance provided for by this chapter and actual necessary expenses for care 11
and medical attendance. In case of death resulting from such injiir\-, 12
sickness or disease, compensation shall be paid to the decedent's depend- 13
ents as determined in accordance with the provisions of clause (3) of 14
section one of chapter one hundred and fifty-two and section thirty-two 15
of said chapter, in the amounts provided by, and otherwise subject to, the 16
provisions of section thirty-one of said chapter; provided, that compen- 17
Chap. 33.] organized militia, gener.\l provisions. 325
18 sation to such dependents other than widows and children shall be based
19 on the pay plus ration allowance hereinbefore mentioned, and that, for
20 the purposes hereof, said board shall exercise all the powers given by said
21 provisions of chapter one hundred and fifty-two to the department ()f
22 industrial accidents. All claims arising under this section shall be in-
23 quired into by a board of three officers, at least one of whom shall be a
24 medical officer, appointed by the commander-in-chief. The board shall
2.5 have the same power to take evidence, administer oaths, issue subpoenas
26 and compel witnesses to attend and testify and produce books and papers,
27 and to punish their failure to do so, as is possessed by a general court-
28 martial. The findings of the board shall be subject to the approval of the
29 commander-in-chief. The amount so found due and so approved shall be
30 a charge against the commonwealth, and paid in the same manner as other
31 military accounts.
1 Section 70. Whoever wilfully deprives a member of the volun- interference
2 teer militia of his employment, or denies him employment, or prevents penaUy""^'
3 his being employed by another, or obstructs or annoys him or his em- \l\f^ Ip; § gg.
4 ployer in respect of his trade, business or employment, because of such fgj^- '•^^■^\^^
5 member's connection with the volunteer militia or because of his necessary 1924, 465.
6 absence from business in performance of his duty as such, and whoever
7 dissuades any person from enlisting in the volunteer militia by threat of
8 injury to him in respect of his employment, trade or business, or of other
9 injury, if he shall so enlist, shall be punished by a fine of not more than
1 0 fi\e hundred dollars, or by imprisonment for not more than six months, or
11 both.
1 Section 71. Each officer regularly assigned to the duty of paying Paymasters'
2 troops, and the pay officers of the naval militia, shall give bond in the p"^^. § iss.
3 penal sum of ten thousand dollars, with such surety or sureties as may be ffs'a'*'^'
4 approved by the governor and council, conditioned faithfully to perform fffg^*^^'
5 the duties of his office.
R. L. 16. 5 178. 1916, 284, 5 14. G. L. (ed. of 1920) 33, § 75.
1905, 465, § 185. 1917, 327, § 70. 1924, 465.
1908, 604, § 201.
1 Section 72. Any officer of the volunteer militia to whom any public Bond for
2 property is at any time issued may be required to give bond, with such propcrYy. etc.
3 surety or sureties as may be approved by the governor and council, con- fggy 4^1,^ ^^^'
4 ditioned faithfully to perform the duties of his office; to properly hold li^l-^g-!,
5 and administer funds; to use all necessary care in the safe keeping of fj^f^jg 5 jyg
6 military stores and property committed to his custody; and to account i90|;465.
7 for and deliver to his successor, or to any other person authorized to igos. 604,
8 receive the same, all such military property or funds.
1917, 327, § 71. G. L. (ed. of 1920) 33, § 75. 1924, 465.
1 Section 73. When a member of the volunteer militia having the Reimburae-
2 custody of property of the commonwealth, or charged with the duty of "remmm on
3 receiving or disbursing money, is required to give bond to the common- igJs. 469.
4 wealth for the faithful discharge of his duty, the commonwealth shall }^J|; 1%
5 reimburse him for any amount that he may be required to pay to a surety ^^jj ^aj. ^§^72.
6 company for becoming surety on his official bond. i^^o) 33, § 77.
1924, 465.
1 Section 74. The adjutant general may arrange for such schedule schedule
2 bonds as he deems advisable to take the place of bonds required by law 1913,^268.
326
LAND FORCES.
[Chap. 33.
1917, 327, § 73
G. L. (ed. of
1920) 33, § 78.
1924, 465.
from any officers of the Massachusetts volunteer militia. Any such 3
schedule bond shall be with surety satisfactory to the governor and conn- 4
cil, and conditioned that the officers named in the bond shall faithfully 5
perform the duties of their offices; and it shall contain such other con- 6
ditions or provisions as may be required by law. Such bonds shall take 7
the place of any bond required from any officer named in the schedule 8
bond. The premium due to any surety company for acting as surety on 9
any such bond shall be paid by the commonwealth. 10
Certain rights
of the Ancient
and Honorable
Artillery
Company not
affected.
P. S. 14, § 163.
18S7, 411,
§ 161.
Section 7.5. This chapter shall not affect the right of the Ancient and
Honorable Artillery Company to maintain its organization as a military
company and its constitution and by-laws in so far as the same are not
repugnant to the laws of this commonwealth or of the United States and
do not restrain the lawful parade or exercise of the active militia.
§79.
1893, 367, § 161.
R. L. 16. § 182.
1905, 465, § 190.
1908, 604, § 205.
1917, 327, § 74.
G. L. (ed. of 1920) 33,
1924, 465.
Penalty on
certain civil
officers for
violation of
this chapter.
Section 76. Civil officers named in this chapter who neglect or 1
refuse to obey its provisions shall, except as otherwise expressly provided, 2
forfeit not less than twenty nor more than five hundred dollars. 3
p. S. 14, § 165.
1887, 411, § 163.
1893, 367, § 163.
R. L. 16. § 185.
1905, 465, § 193.
1908, 604, § 208.
1917, 327, § 75.
G. L. (ed. of 1920) 33, § i
1924, 465.
Prizes for
competitions.
Maintenance
and repair of
aeroplanes.
1914, 342.
1016, 123.
1917, 327, § 76.
G. L. (ed. of
1920) 33, § 81.
1924, 465.
Section 77. (a) Money or other suitable prizes may be awarded for 1
shooting, athletic or other competitions in the militia under such regula- 2
tions as the commander-in-chief shall determine, which prizes shall be 3
paid by the commonwealth. 4
(b) For the maintenance and repair of aeroplanes, used by the com- 5
monwealth for the use of the militia, the adjutant general may expend 6
annually such sums as may be appropriated therefor. 7
Allowances for
military in-
sfruction.
1905, 202.
1908, 317: 604,
§ 174.
1912, 399.
1913, 664.
1917, 327, § 77.
G. L. (ed. of
1920) 33. § 82.
1924, 465.
Section 78. There shall annually be allowed and paid by the com- 1
monwealth such sums as may annually be appropriated, to be ex-pended 2
under the direction of the adjutant general in furnishing the officers and 3
men of the militia with uniform instruction in military authority, organi- 4
zation and administration and in the elements of military art. Certifi- 5
cates for allowance of expenses incident to such instruction shall be 6
furnished to the adjutant general and upon his approval payment shall 7
be made to the persons certified to be entitled thereto. 8
Land forces,
how con-
stituted.
Reserve
officers, ex-
emption from
certain exam-
inations.
1917, 327,
§ 78 (a).
LAND FORCES.
Organization.
Section 79. (a) The land forces shall consist of the national guard,
the national guard reserve, the national guard retired list, such other
units, officers and enlisted men as the commander-in-chief may prescribe
under section fifteen, and any part of the unorganized militia serving
with the land forces under sections eight, nine and eleven.
G. L. (ed. of 1920) 33, § 83 (o). 1924, 465.
(h) The national guard of INIassachusetts sliall consist of such regi- 6
National
Knard. . ,.,.,.. _
I"- f| i*. §§ 22. ments, corps or other units as the commander-in-chiet may from tune to 7
1884, 230; time authorize to be formed, all to be organized in accordance with the 8
§§ 1. 3, 6. ' o
ClIAP. 33.] LAND FORCES. 327
9 laws of the United States affecting the national guard and the regulations issr;, 236.
10 issued by the secretary of war. §§ i,'4, s.
1887.411.
55 22,
R. L. 16, §§ 23,
1911.. 326; 633.
25-29, 34.
26-28, 31.
1912, 365, § 2; 720, § 2.
1890. 425,
55 1.2.
1905, 465. §5 23,
1914. 161.
1891, 232.
5 4-
26-29, 32, 33.
1915, 289, 5 1.
1893, 367,
55 22,
1906, 273.
1916, 1. § 2.
25-27, 34.
1907, 305, §5 1.3.
1917, .327, §78 (i).
1894, 236.
1908,344; 604, §516,
G. L. (ed. of 1920)
1898, 348,
5 5.
18 (6), 20, 23, 28.
33, § 83 (6).
1900, 188.
§5 1-3.
I'JIO, 228.
1924, 465.
11 (c) The national guard and the organizations thereof shall be and con- To continue
12 tinue as at present constituted until changed by the commander-in-chief etituted^'e'to.
13 under authority of law.
1908, 604. § 25. G. L. (ed. of 1920) 33, § 83 (c).
1917, 327, § 78 (c). 1924, 465.
14 ((/) The coast artillery corps shall be considered a regiment in all fo"r™*aregu'^''
15 matters of administration and law, unless especially excepted in law or ni™t.
16 orders.
1908, 604, § 20. G. L. (ed. of 1920) 33, 5 83 (d).
1912, 720, § 2. 1924, 405.
1917, 327,§78 (.d).
17 (e) The commander-in-chief mav, bv order, attach officers and enlisted special details,
18 men of staff departments and corps to brigades, regiments, battalions mander-in-
19 and other organizations for duty therewith, and shall so detail such officers i908. 604, § 20.
20 and enlisted men as may be necessary to comply with the provisions of 1917! 327',
21 United States laws concerning the organized militia. 5 78(c).
G. L. (ed. of 1920) 33, § 83 (c). 1924, 465.
22 (/) The national guard reserve shall consist of such organizations. National
23 officers and enlisted men as the commander-in-chief shall prescribe, con- m?, slir^^'
24 sistently with the requirements of the United States. ^ ^^ ^^'
G. L. (ed. of 1920) 33, 5 83 (/). 1924, 465.
2.5 ig) Officers on the reserve list of the national guard appointed to office Reserve
26 on the active list, not higher in grade than that of first lieutenant, shall From certain''
27 be exempt from passing the examinations required of other newly com- ig'ii^'iyo,"? 4.
28 missioned officers of those grades, and, upon being commissioned and ^^^l^^)^'
29 qualified, shall be assigned to duty.
G. L. (ed. of 1920) 33, 5 83 (i). 1924, 465.
1 Section 80. To the first corps of cadets there shall be such officers, First and
2 noncommissioned staff officers and noncommissioned officers and other ofTrdet'sT''^
3 enlisted men, as the commander-in-chief deems expedient. The first n*n"rtc^""'^
4 corps of cadets shall be instructed, armed and equipped as the com- J^g^ ^*^^ ^^g
5 mander-in-chief directs. The second corps of cadets shall be organized i893, 367, § 28.
() and equipped as a regiment of field artillery and may retain its name. i905, 465. 5 36.
7 It shall retain the right to own and wear in place of such full dress uni- imo! 1. §'1.
8 form as may be prescribed by orders or regulations for the militia, a full aY'. \S\. of '
9 dress uniform of special design such as may be by it adopted and ap- J9I4' 455.^ ^*"
10 proved by the commander-in-chief.
Staff Corps and Departmerits.
1 Section 81. The officers of the several corps and departments shall ™de/t"''„on.
2 be commissioned with such title and grade and have such designation (""Jj'gt^jgg
3 as may be necessary to conform to the laws of the United States, and laws and
4 the regulations issued under the authority thereof.
1911, 145, § 2. 1917, 327, § SO. G. L. (ed. of 1920) 33, § 85. 1924, 465.
328
LAND FORCES.
[Chap. 33.
state surgeon.
State iudg
e
advocate.
State
inspector.
State ordnance
offieel
1880,
40.
P. S.
14, § 17.
1887,
411,
§17.
1893,
367,
§17.
R. L.
16. § 18.
1905,
46.5,
§ 18.
1908,
604,
§36.
1911,
145,
§4.
1916,
284,
§ 15.
1917,
327,
§81 (
n): 334.
1920,
358,
§1.
G. L.
(ed.
of
1920) 33,
5 86 (a).
P. S.
14, § 18.
1887,
411,
§18.
1893,
367,
§18.
R. L.
16, !
! 19.
1905,
465,
§ 19.
1908,
604,
§37.
1911,
145,
§4.
1917.
327,
§ 81 (6).
G. L.
(ed. of
1920) 33,
§ S6 (ft).
1923,
459,
§1.
1924.
465.
P. S
14, § 16.
1887,
411,
§ 16.
1893,
367,
§ 16.
R. L.
16, '
M7.
1905,
465,
§ 17.
1908,
604,
§35.
1911.
145,
§4.
1917.
327.
§ 81 (c). "
G. L.
ed.
of
1920) 33,
S 86 (c).
1924,
465.
1906,
504,
§ 1.
1908,
604,
§20.
1911,
145,
§4.
1912.
720,
§2.
1917,
327,
§ 81 (rf).
G. L.
(ed.
of
1920) 33,
§86(rf).
1924,
465.
State
quartermaster.
1879.
197,
§4.
PS.
14, §5 13,
14.
1887,
411,
§§13
;, 14.
1893,
367,
§§ 13
;. 14.
1895,
465.
§2.
R. L.
16,
§§14,
1-5.
1902,
336.
1904,
439.
1905.
465,
§§14
„ 15.
1906,
504,
§ 1.
1907,
526.
§6.
1908.
604,
§39.
1910.
348,
§2.
1911.
145,
§4;
747.
1913,
733.
1916,
284,
§15.
1917,
327,
§82.
1918,
234.
1920,
358,
§2;
695.
G. L
. (ed.
of
1920) 33.
§87.
1924
,465,
1930,
, 226,
lOp,
,A.G. 166.
Section 82. (a) Except when ordered on duty under section twenty- 1
five or twenty-six, the state surgeon shall receive a salary of fifteen hun- 2
(Ired dollars; and, subject to the orders of the commander-in-chief, 3
shall have general supervision and control of all matters pertaining to 4
the medical department of the land forces, and shall prescribe the physi- 5
cal and mental disabilities exempting from military duty. He shall 6
purchase and issue all medical and hospital supplies, and perform such 7
other official duties as the commander-in-chief directs. For services 8
rendered to the commissioner of state aid and pensions in cases of state 9
or military aid and soldiers' relief he may receive such compensation, 10
not exceeding twelve hundred dollars per annum, as said commissioner 11
shall approve. 12
1921, 359, § 2. 1924, 465.
(b) Except when ordered on duty under section twenty-five or twenty- 13
six, the state judge advocate shall receive a salary of fifteen hundred 14
dollars; and shall examine and report in writing on all proceedings of 15
courts-martial requiring the action of the commander-in-chief and, in 16
matters referred to him by law or by the commander-in-chief, shall be 17
the legal advi-ser of the militia department of the commonwealth and 18
shall bring all necessary actions. He shall perform such other duty as 19
the commander-in-chief may direct. 20
(c) The state inspector, or such other officers as the commander-in- 21
chief shall designate, shall inspect once in every year, and oftener if the 22
commander-in-chief deems it necessary, all headquarters, armories and 23
state property in the hands of the land forces, and report the condition 24
of the same. The state inspector, or his assistants under his orders, may 25
inspect any organization at any time when the troops thereof are under 26
arms, or in attendance at their armories. 27
{(!) The state ordnance officer, under the direction of the adjutant 28
general, shall be charged with the care and control of all state rifle ranges, 29
with the supervision of all other ranges provided for the small arms 30
practice of the volunteer militia, and with the supervision of expenditure 31
of public funds appropriated by the commonwealth for the promotion 32
of small arms practice. 33
Section 83. The state quartermaster shall receive a salary of three 1
thousand dollars. An officer of the quartermaster corps of the land 2
forces of suitable grade, detailed to act as superintendent of the state 3
arsenal, shall be in the quartermaster corps of the land forces as a clerk 4
in addition to the clerks hereinafter provided for. The state quarter- 5
master shall give bond to the commonwealth in the penal sum of twenty 6
thousand dollars, with surety or sureties approved by the governor and 7
council, conditioned faithfully to perform the duties of his office, to use 8
all necessary diligence and care in the safe keeping of military stores 9
and property of the commonwealth committed to his custody, and to 10
account for and deliver over to his successor, or to any person authorized 1 1
to receive the same, such stores and property. The commander-in- 12
chief may require the duties imposed upon the state quartermaster to 13
be performed by any officer of the land forces, who shall, in that case, 14
give bond to the commonwealth in like manner as is required of the 15
state quartermaster. The state quartermaster, under orders of the 16
commander-in-chief, shall have the care and control of the state camp 17
ground and all other land held for military purposes, of all state arsenals 18
Chap. 33.] land forces. 329
19 and magazines, of the soldiers' burial lot and monument at Dedliam,
20 and of all military property of the commonwealth e.xcept such as is by
21 law expressly intrusted to the keeping of other officers. He shall procure
22 and provide transportation for tlie huid forces and for all their imple-
23 ments, munitions of war and military supplies; such transportation to
24 be in kind whenever practicable. He shall, at the public expense, pro-
2.5 vide suitable places for the safe keeping of all munitions of war, and all
26 other implements of war. Such implements shall be designated as tiie
27 property- of the commonwealth by suitable permanent brands or marks
28 on each of them. He may allow annually proper accounts for the repair
29 of uniforms and equipment. He shall adjust all accounts relating to loans
30 of state military property to towns, institutions and schools, and shall
31 require annual returns of such property and of its condition, at such
32 time and in such manner as he may direct, and may at any time, under
33 direction of the commander-in-chief, require the return of the whole or
34 any part of such property as he deems best for the commonwealth.
35 He may employ a superintendent of armories at a suitable salary, sub-
36 ject to" the provisions of chapter thirty. The actual transportation
37 expenses of the superintendent of armories, in visiting the various ar-
38 mories of the state under direction of the state quartermaster shall be
39 paid from the appropriation for maintenance of armories of the first
40 class. The state quartermaster may employ necessary clerks and other
41 assistants in his department, at an expense not exceeding the amount
42 annually appropriated therefor.
1 Section 84. The adjutant general, the officers of a corps or depart- offioers^not.
2 ment, and the officers attached thereto, shall not be interested, directly aHiy mterated
3 or indirectly, in the purchase or sale of any articles intended for, or iTna^alereto.
4 appertaining to, their respective departments, except for and on account fgg^y/^'if §20.
5 of the commonwealth; nor shall they or any of them take or apply to }^*^£' ?^^|^2i°'
6 his or their own use, for negotiating or transacting business in their jsos, 465, § 21.
7 respective departments, any gift, gain or advantage other than that itos! 604; § as.
8 allowed by law.
1917, 327, 5 83. G. L. (ed. of 1920> 33, 5 88. 1924, 46S.
1 Section 85. Any officer violating any provision of the preceding P™aityj^ j ^
2 section shall be punished by a fine of not more than five thousand dollars, igos! 604! § as.
3 or by imprisonment for not more than five years, or both.
1917, 327, § 84. G. L. (ed. of 1920) 33, § 89. 1924, 465.
Commissioned Officers.
1 Section 86. No person, except an officer of the United States army. Eligibility to
... . • • 1 IT- • xl 1 1 appointment.
2 shall be eligible to appointment as a commissioned omcer in the land p. s. u, § 33.
3 forces who is not a male citizen of the United States of twenty-one years iggs! 367: § 32.
4 or over, resident in the commonwealth, or who is disqualified by law^ from fgos; 16.5,^^37.
5 enrolment in the militia, or who is not certified as eligible by the military j^os, ew, § 40.
6 service commission as hereinafter provided; and no person shall be eligible If'^l'^^l' If^-
7 to such appointment who is under sentence of disability to hold office or ipo) 33^ § 90.
8 command, or of suspension from command, in the military forces of the 1 op. a. g. 29.
9 United States or of any state. But no citizen not subject to enrolment 011
10 account of his age, or otherwise qualified, but exempted from military
11 service by the laws of the United States, or subject to enrolment but not
12 enrolled, shall, on that account, be ineligible to position in the land forces,
13 or incapable of serving in a volunteer company, unless he is made ineligible
330
LAND FORCES.
[Chap. .3.3.
to such ofBce or service by the laws of the United States. No person 14
shall receive a commission in the national guard unless he has been 15
selected from such classes as may be prescribed by the laws of the United 16
States. 17
Relative rank,
date of com-
mission, etc.
P. S. 14, § 34.
1887, 411, § 33.
1889, 360, § 1.
1893, 367, § 33
1895, 465, '
1897, 448,
R. L. 16,
1905, 465,
1908, 604,
1911, 298,
1917, 327, § 86.
1920, 127, § 3.
G. L. (ed. of
1920) 33. § 91.
1924, 465.
1 Op. A. G. 254.
3.
§3.
35.
§38.
§ 41.
Section 87. Commissioned officers of the land forces shall rank in 1
their grade, according to the date of their commissions. Between officers 2
of the same grade and date of appointment or commission, where there 3
has been no previous commissioned service, the relative rank shall be 4
determined by previous enlisted service. Where there has been such 5
previous service in the army of the United States, or in the national guard 6
or national guard reserve of the commonwealth, it shall count in the 7
order herein named. 8
The day of the appointment of an officer shall be expressed in his com- 9
mission and shall be considered as the date thereof. When an officer is 10
appointed or transferred from one office or organization to another, with- 11
out increase of grade or loss of continuous service, he shall rank in his 12
grade according to the date of his original commission, which shall be 13
stated in his new commission. 14
Staff and de-
partment
officers.
Const, amend.
53.
{Const. Rev.
art. 148.)
1899, 381, § 8.
R. L. 16, § 58.
1905, 465. § 63.
1908, 604, '
1910, 299.
1911, 449.
1912, 268.
1914, 715.
§42.
Section 88. All staff and department officers of the national guard, 1
appointed after March thirteen, nineteen hundred and twenty, shall ha\'e 2
had previous military experience, and shall hold their positions until they 3
reach the age of sixty-four years, unless retired prior to that time by 4
reason of resignation, disability, or for cause to be determined by a court- 5
martial legally convened for that purpose, and vacancies among said 6
officers shall be filled by appointment from the officers of the militia of 7
Massachusetts. 8
1915, 71. 1920, 127, § 7. 1924, 465.
1917, 327, § 87. G. L. (ed. of 1920) 33, § 92.
No person shall be eligible to appointment as a medical
registered in
Eli»bjUty tor SECTION 89.
as medical or or veterinary commissioned officer unless he has been duly
officer, etc. accordaiice with the laws of the commonwealth, and has complied with its
1908! 604', § 43! laws relative to the practice of his profession.
1917, 327, § 88.
G. L. (ed. of 1920) 33, § 93.
1924, 465.
Military SECTION 90. (a) Thcrc shall be a militarv service commission, con-
SGTVicc com* *
mission. sistiug of three commissioned officers appointed or detailed by the com-
1884, 230, § 8. mander-in-chief. Upon the expiration of the terra of office of each
1893! 367', § 53. commissioner, his successor shall be appointed or detailed for three years.
1899, 381, § 1. 1912, 464, §§ 4, 13. G. L. (ed. of 1920) 33,
R. L. 18, § 53. 1915. 203. § 94 (a).
1905, 465, § 57. 1917, 327, § 105 (a). 1924, 465.
1908, 604, § 61. 1920, 127, § 4.
Eligible
officers' list.
1917, 327,
5 105 (6).
Rules, ex-
aminations,
etc.
Const, amend.
53.
(Const. Rev.
art. 148.)
P. S. 14, § 54.
1884, 230, § 8.
(b) The military service commission shall establish an eligible officers'
list for all commissioned grades in the land forces.
1920, 127, §4. G. L. (ed. of 1920) 33, §94 (&). 1924,465.
(c) The commission shall from time to time prepare rules, to take
effect upon approval by the commander-in-chief, regulating the selection
of persons to fill commissioned offices in the land forces. Such rules may
be of general or limited application and shall include pro\ision for: (1)
The classification of all grades to l)e filled; (2) o])on, competitive and
5
6
7
8
9
10
11
1893' 367' 553! other examinations to test the practical fitness of applicants; (3) the 12
Chap. 33.] land forces. 331
13 filling of vacancies in and selection of persons for commission in the land l^'I'If.U
14 forces, in accordance with the fitness of applicants and the results of such i^ l. le, '
,-.,..,• §§55, 58, 59.
15 exammation or otherwise.
1903, 151. 1912. 464, § 5. 1920, 127, § 4.
1905, 465, §§59, 63, 64. 1915, 203, § 1. G. L. (ed. of 1920) 33, § 94 (c).
190S, 604, §§63, 67, 68. 1917, 327, § 105 (c). 1924,465.
16 ((}) The commission may designate commissioned officers of the regular Examiners.
17 army or land forces to act as examiners of particular grades or branches §^io5 (Ik
18 of the service.
1920, 127, § 4. G. L. (ed. of 1920) 33, § 94 (<f). 1924, 465.
19 (r) The commission and examiners shall receive such pay for duty Pay.ofcom-
20 performed and may incur such expenses as the commander-in-chief shall ™am°nera°
21 order.
1917, 327, § 105 Ce). 1920, 127, § 4. G. L. (ed. of 1920) 33, § 94 (c). 1924, 465.
22 (/) The commission shall prepare a full record of its proceedings and ^r^„^j°3d2f s
23 findings in the case of each person appearing before it for examination. i""-
R. L. 16. § 54. 1912, 404, §§ 7, 13. 1920, 127, § 4. '
1905, 465, § 58. 1915, 203. G. L. (ed. of 1920) 33, § 94 (/).
1908, 604, § 62. 1917, 327, § 105 (/). 1924, 465.
24 (g) All examinations as to physical qualifications to hold office in the Physical
2.5 land forces shall be made by a board of three medical officers appointed ^J'^'"'°''t'°°-
26 by the commander-in-chief. If such board finds an officer physically f8sf4. Mof § I'.
27 competent to perform his duties, it shall certify that fact to the com- }|^^' ll\- 1 1|
28 mander-in-chief; if such board finds an officer not physically fit to per- If^fl*^-
29 form his duties, it shall transmit a report to the commander-in-chief R l. i6,
> • § § 53 55
30 setting forth the nature of the disabilities found and the manner and i905,'465, § 57.
31 extent to which such disabilities are likely to prevent or impair the full 1912! iss! ^''
32 performance of the duties of the oflBce. Whenever the commander-in- l\l[ *•' ''®*'
33 chief finds that an officer reported by such board to be physically unsound l^/Jj^^)^'
34 possesses professional and general qualifications of a high order, and that i^^p. 127, § 4.
or 1 • I • 1 1- 1 -1- • -11 • 11 • • 1 • /^. - G- L. (ed. of
35 his physical disabilities will not materially impair his efficiency as an 1920) 33,
36 officer, he may thereupon waive such physical disabilities and order the 1924, 465.
37 officer to duty. A detailed description of such disabilities and all reports
38 and facts resulting in a waiver of the same shall be entered in the military
39 record of the officer concerned.
40 (h) An officer, certified as eligible for his grade, if assigned to duty in No further
41 that grade, shall not be required to take another examination under the Sr appofS-
42 rules adopted by authority of subsection (c) in order to continue to hold "o? wWcf "''*
43 the same commission. But the military service commission may, bj- rule "{J^^bL'^
44 or regulation, limit the length of time during which an applicant's name if^J- {i^'Xl^-
45 may remain on an eligible list without re-examination.
1905, 465, § 67. 1920, 127. § 4.
1908, 604, § 71. G. h. (ed. of 1920) 33, § 94 (.h).
1917, 327. § 105 {h). 1924, 465.
46 (0 Officers appointed from one oflice to another of equal or lower certain officers
47 grade in the same branch of the militia service, chaplains, and retired exammation.
48 officers, shall be exempt from all examinations under this chapter, as to
49 professional and practical qualifications.
1887, 411, § 53. 1905, 465, § 57. 1917, 327, § 105 (0.
1893, 367, § 53. 1908. 604, §61. 1920. 127, § 4.
1899, 381, § 1. 1912, 464, §§ 2, 13. G. L. (ed. of 1920) 33, § 94 (i).
R. L. 16, § 53. 1916, 284, § 8. 1924, 465.
50 (j) Subject to article fifty-three of the articles of amendment of the Certain per-
51 constitution, any person certified as eligible for any specified grade in the p°accd'o''n eu-
52 national guard under the laws of the United States shall be placed on ^"ho'uf
53 the eligible list by the military service commission without professional c^'^j"^^""'
art. 'l48.
P. S. 14. § .54.
1884, 230, § 8.
332
1916, 170,
§5 1.3.
1917, 327,
§ 105 U).
LAND FORCES.
[Chap. .33.
examination. The commission shall prepare the final examination of the .54
training school, and its graduates shall be placed on the eligible list. 55
, § 5, G. L. (ed. of 1920) 33, § 94 0)-
1919, 301,
1920, 127,
§4.
1924, 465.
§1.
Commissioned
officers of land
forces, how
selected.
Const, pt. 2,
c. 2, § 1,
art. 10.
Const, amend.
.53.
(Const. Rev.
art. 148.)
P. S. 14,
§§ 35, 36.
1884, 230, § 6.
1887, 411,
§S 34. 35.
1893, 367,
§§ 34, 35.
1897. 438
R. L. 16.
§§36,37.
1905. 465,
§§39, 41.
Prerequisites
to exercising
command.
1917, 327,
§ 106.
G. L. (ed. of
1920) 33, § 95.
1924, 465.
Discharge for
failure to
pass tests.
P. S. 14, §§54,
65.
1884, 230,
§§ 8, 9.
Retirement
after failure
to pass tests.
1912, 464, § 10.
1917, 327,
§ 108.
G. L. (ed. of
1920) 33, § 97.
1924, 465.
Oath: form,
etc.
P. 8. 14. § 55.
1887, 411, § 54.
1893, 367, § 54.
1897, 448, § 17.
R. L. 16, § 64.
1905, 465, § 69.
1908, 604, § 73.
1917, 327,
S 109.
O. L. (ed. of
1920) 33. § 98.
1924, 465.
(k) All commissioned officers of the land forces shall be selected from 56
the eligible officers' list provided for in this section. General officers and 57
chiefs of departments shall be appointed by the commander-in-chief from 58
said list. ^"
Regimental and separate unit commanders shall be appointed by the 60
commander-in-chief from said list upon recommendation of superior 61
commanders, if any. 62
All other officers of the line shall be appointed by the commander-in- 63
chief from said list upon the recommendation of regimental or separate 64
unit commanders, approved by superior commanders, if any. 65
Departmental officers shall be appointed by the commander-in-chief 66
from said list upon the recommendation of the chief of the department in 67
which the appointment is to be made. 68
G. L. (ed. of 1920) 33,
§94 (4).
1924, 465.
1908. 604. §§ 20, 42. 44.
1910, 299.
1912, 268; 720, § 2.
1916. 2.S4, §§ 5. 6.
1917, 327, §§87 (o),89.
1920, 127, §§ 1, 8.
Section 91. No person commissioned as an officer in the national
guard shall enter upon the performance of his official duties or exercise
any command unless he shall have taken and subscribeti to the oath of
office, shall have been selected from such classes, and shall have success-
fully passed such tests as to his physical, moral and professional fitness,
as are prescribed by the laws of the United States, except that an officer
may be ordered to duty pending such tests as hereinbefore provided.
Section 92. An officer failing to pass satisfactorily the tests required
by this chapter or by the laws of the United States and the regulations
issued thereunder, shall, unless further time is allowed for cause, forthwith
be discharged by the commander-in-chief.
1887, 411, §§ 53, 64.
1893, 367, §§ 53, 64.
1897, 448, § 8.
1899, 381, § 7.
R. L. 16, § .57.
1905, 465, § 61.
1908, 604, § 65.
1912, 464, §§9, 13.
1917, 327, § 107.
G. L. (ed. of 1920) 33, § 96.
1924, 465.
1 Op. A. G.29.
1
2
3
4
5
Section 93. An officer failing to pass satisfactorily the required tests,
but otherwise entitled to be retired, may, in the discretion of the com-
mander-in-chief, be placed upon the retired list with the grade to which
his new commission entitles him, instead of being discharged as provided
in the preceding section.
Section 94. Every commissioned officer, before entering upon the 1
performance of his official duties or exercising any command, shall take 2
and subscribe the following oaths and declarations: 3
I, A. B., do solemnly swear that I will bear true faith and allegiance to the
commonwealth of Massachusetts, and will support the constitution thereof.
So help me, God. , , . , , r n
1, A. B., do solemnly swear that I will obey the lawful orders oi all my
superior officers. So help me, God. . „ ,• ,
1, A. B., do solemnly swear that I will faithfully and impartially discharp
and' perform all the duties incumbent on me as , according to tiie
best of my ability and understanding, agreeably to the rules and regulations
of the constitution and the laws of the commonwealth. So help me, God
I, A. B., do solemnly swear that I will support the constitution of the United
States. So helj) me, God.
sentence
court-
ChAP. 33.] LAND FORCES. 333
4 All officers sliall take and siibsc-rihe the said oaths before any competent
5 authority or an officer cjuaUfied inuler section one iiundred and sixty-nine
f) to achninister oaths, except retired officers and the staff' of the commander-
7 in-chief who may tal^e the said oaths before any competent authority;
8 and the following certificate shall be printed on every commission and
9 shall be signed by the person before whom the officer is qualified:
This may certify that A. B., commissioned as within on this
day of , A.D. , personally appeared and took and subscribed
the oaths required by the constitution and laws of this commonwealth and by
a law of the United States, to qualify him to discharge the duties of fiis office.
Before me,
1 Section 95. (a) At any time the moral character, capacity and gen- Discharge, etc..
2 eral fitness for the service of any officer may be investigated and deter- iggy, wl. § le.
3 mined by an efficiency board of three commissioned officers, senior in fgos, les.S^es.
4 rank to him, to be appointed by the commander-in-chief. The investi- \l°f^ |°*' ^ ^-■
5 gation may include misconduct in civil life for which the officer is not ^''l°[^^- ^^
G amenable to court-martial. If the findings of the board are unfavorable 1920) ss,'
7 to the officer and are approved by the commander-in-chief, the officer 1924.465.
8 shall be discharged.
9 (b) An officer may be discharged by order of the commander-in-chief ^drJlgJInj^
10 upon an address of both branches of the general court, or to carry out ^p™^
11 the lawful sentence of a court-martial, or under this chapter. maniai
Const, amend. 4. 53. 1897. 448. § 7. 1917, 327. § 110 (6).
(Const. Rev. arts. 124, 148.) R. L. 16. § 76. G. L. (ed. of 1920) 33,
P. S. 14, § 64. 1905,465,5 81. §99(6),
1887, 411, § 63. 1908, 604, 5 91. 1924, 465.
1893, 367, § 63. 1912, 444, § 1.
12 (c) An officer may be honorably discharged by the commander-in- Honorable
13 chief upon removal of residence from the commonwealth, upon tender p.^'s.Tf.^iee.
14 of resignation, or when he accepts an appointment in the army or navy 11%] HI] 1 5^-
15 of the United States.
1893, 367. § 65. 1905, 465, § 82. G. L. (ed. of 1920) 33,
1.S96. 425. 1908, 604, § 92. § 99 (r).
1897.448.5 9. 1912. 444. § 2. 1924,465.
R. L. 16, § 77. 1917, 327, § 110 (c).
16 (d) The commander-in-chief may dismiss an officer convicted of p'^^Tr's 67.
17 crime, or who has been absent without leave for a period of three months, i***^' *^^- ^ s"-
1893. 367, I 66. 1908. 604. § 101. G. L. (ed. of 1920) 33. § 99 (rf).
R L. 16. § 80. 1915, 289, § 5. 1924, 465.
1905, 465, § 85. 1917, 327, § 110 (d). 216 Mass. 605.
18 (e) Officers rendered surplus by the disbandment of their organiza- Placing in
19 tions shall be placed in the national guard reserve. Officers may, upon surplus officers.
20 their own application, be placed in the said reserve, subject to the laws f88l',4i'i^r85.
21 of the United States.
1890,42.5,5 5. R. L. 16, §77. 1917, 327, 5 110 (e).
1893, 367, § 65. 1905. 465. 5 82. G. L. (ed. of 1920) 33,
1896.425. 1908,604,5 92. 5 99(e).
1897, 448, 5 9. 1912, 444, § 2. 1924, 465.
1 Section 96. The term of office of general officers of the line shall be Term of office
2 five years from the date of appointment, and such officers shall be officers of the
3 ineligible for reappointment in the same grade. The time during which St. 4.38. 5 1.
4 such an officer is in the service of the United States, shall be excluded fgo'g lc.5,^5^27.
5 from, and shall be in addition to, the term of office herein specified. §§°f,'4.^^'
190S, 604, § 93. G. L. (ed. of 1920) 33, 1924, 465.
1917, 473, §111. I 100. 1 Op. A. G 449.
1920, 127. 5 5. 1923, 459, 5 2.
1 Section 97. The term of oflBce for a colonel of a regiment, and for Term o^ office
2 the colonel of the coast artillery corps, or the commanding officer of a 1906, 423,' 5 2.
334
LAND FORCES.
[Chap. 33.
1908, 604, 5 94. Separate organization shall be seven years from the date of his appoint-
m?. 327, nient and he shall be ineligil)le for reappointment. The time during
fpL. led. of^' which such an officer is in the service of the United States shall be
192°' 465 ^ ^''^' excluded from, and shall be in addition to, the term of office herein
specified.
Retirement
of officers.
1897, 438, § 1;
448, § 4.
1898, 84, § 1.
1899, 302.
R. L. 16, § 78.
1904, 231,
§§ 1, 2.
1905, 465, § 83.
1906, 212;
423, S§ 3, 4;
,504, § 6.
1907, 305,
1908, 604,
§§ 95, 96.
1912, 441.
1917, 327,
5 113.
1918, 232.
G. L. (ed. of
1920) 33, § 102.
1924, 485.
1931, 129.
§2.
Section 98. Any commissioned officer in the militia service of the
age of si.xty-four shall be discharged, or placed upon the retired list,
with the grade held by him at the time of making application therefor,
provided that he complies with this chapter. Any commissioned officer
in the militia service who has served as such in the active militia of the
commonwealth for the period of ten years may, upon his own applica-
tion, be placed upon the retired list with the rank held by him in the
active militia; but an officer of the active militia who, at the time of
making such application, has remained in the same grade for the period
of ten years, or has served as a commissioned officer for the period of
fifteen years, or, having served in the army or navy of the United States
in time of war and, having been honorably discharged therefrom, has
also served as a commissioned officer in the active militia of the com-
monwealth for a period of five years, may be retired with the rank next
in grade above that held by him during the six months preceding the
time of making such application. Any commissioned officer who has
served in the active militia of the commonwealth for the period of fifteen
years, at least six of which have been as a commissioned officer, may be
placed upon the retired list with the rank held by him in the active
militia. Any commissioned officer in the active militia after the com-
pletion of twenty-five years or more of commissioned service may be
placed upon the retired list with such increase in rank as the commander-
in-chief may direct. A commissioned officer upon the retired list accept-
ing a commission in the active militia may at any time, upon his own
application, be placed again upon the retired list with the rank with
which he was formerly retired; provided, that, if his latest service on
the active list has entitled him to a grade on the retired list higher than
that previously held by him, he shall be given such higher grade. At
his own request, an officer of the active militia applying for retirement,
or a retired officer, may be given any rank of the same grade then held
by him or of a lower grade. All officers who held a commission in the
Massachusetts volunteer militia prior to May twenty-eighth, nineteen
hundred and eighteen, who would have been entitled to retirement as
hereinbefore provided had the same been in effect, shall be entitled to
apply for retirement under the provisions of this section. Service in
the state guard shall be considered as service in the active militia.
1
2
3
4
5
6
7
8
9
in
11
12
13
14
If)
10
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Continuous
service in
land forces
defined.
1924, 465.
Section 99. All officers and enlisted men of the land forces who were 1
drafted into the service of the United States and discharged therefrom, 2
and who within one year after the date of their discharge are commis- 3
sioned or enlisted in the land forces, shall be deemed to have had con- 4
tinuous service from the time of their draft into the service of the United 5
States to the date of tiieir commission or enlistment in the land forces, 6
and such service shall be construed as service in the volunteer militia as 7
contemplated by sections ninety-eight and one hundred and sixty-eight. 8
disaSy"*'" Section 100. The commander-in-chief may order any c
1897! 448! It. officer before a medical board consisting of at least three commissioned
ommissioned 1
2
Chap. 33.1 land forces. 335
cers, and, if the hoard reports such officer to he physically R^ ifij § 7s.
lerform the duties of his office, the commander-iii-ciiief may
3 medical offi
4 unahie to perfo:
5 retire him.
1905. 465, § 83. 1908, 604, 5 97. G. L. (ed. of 1920) 33, § 103.
1906, 212; 504. § 6. 1917, 327, § 114. 1924,465.
1 Section 101. The names and records of all active and retired officers Register of
2 shall annually he printed in a separate register in the order of their ?etired''officers.
3 active and retired rank, to he appended to the report of the adjutant \lot[ ^f^] | %,
4 general, or to the roster of the officers of the volunteer militia. 504f'§1i.^'
1908, 604, § 99. 1917, 327, § 115. 1924, 465.
1915, 289, § 4. G. L. (ed. of 1920) 33, § 104.
1 Section 102. Retired officers shall he commissioned on the retired flf^^,^^ p^v-
2 list by the commander-in-chief, and on occasions of ceremony may, "X^^^'"'
3 and when acting under orders as hereinafter provided shall, wear the i897, ^s.^Sj*-
4 uniform of their retired rank. They sliall he eligihle to perform any mill- R. l'. le', § 79.
5 tary duty to the same extent as if not retired, and the commander-in- igos! 604!
() chief may require them to serve upon military boards, courts of inquiry i9\7°'327,
7 and courts-martial, or to perform any other special or temporary mill- g.^u (ed. of
8 tary duty, and while actively engaged in such duty they shall receive {^24' 465.^ ^'"''
9 the pay and allowances pro\ided for like service by officers of the land
10 forces. They shall he amenable to court-martial for military offences,
11 as if upon the active list of the land forces. Their names shall be borne
12 on a separate roster, kept under the supervision of the adjutant general.
13 They shall report to the adjutant general any change in their residence.
14 An officer now on the retired list may, on application, receive a commis-
15 sion on the retired list as provided above, and such commission shall
16 state the date on which he was so retired.
1 Section 103. Officers discharged from the service of the common- Certificates of
2 wealth shall be entitled to a certificate of discharge, in such form as the p.^'s. 14, § as.
3 commander-in-chief shall direct.
1887,411,5 67. 1905,465,5 86. O. L. (ed. of 1920) 33,
1893, 367, § 67. 1908, 604, § 102. 5 106.
R. L. 16, 5 81. 1917, 327, 5 117. 1924, 465.
Noncommissioned Officers.
1 Section 104. Commanding officers shall warrant, appoint, enlist or Number to
2 keep warranted, appointed or enlisted the number of noncommissioned faw or"ord°r3.
3 staff" officers, noncommissioned oflRcers and other enlisted men specified Jgoe: .504] 53*'
4 herein or required in orders of the commander-in-chief. ^^°^- ^"^' ^ ^^■
1917, 327, § 118. G. L. (ed. of 1920) 33, § 107. 1924, 465.
1 Section 105. The commander-in-chief shall provide, in regulations Appointment,
2 issued by him, how and by whom noncommissioned officers and other reguiat°ed.
3 rated men shall he appointed, warranted and reduced. r88l'',4*i'h §55.
1890, 425, §3. R. L. 16. §§ 31, 65, 66. 1917, 327, § 119.
1893,367,5 55. 1905,465,55 70,71. G. L. (ed. of 1920) 33,
1894,236,5 1. 1908,604.55 74-80. §108.
1897, 448, 5 6. 1909, 167. 1924, 465.
1900,188,55 3,6. 1916,284,516.
Enlisted Men.
1 Section 106. The commander-in-chief may, by regulations, prescribe Enlistment.
2 such conditions of qualifications, enlistment, service and discharge of reguia'twi.
3 enlisted men as he deems necessary, but such regulations shall not p**s.' u.^'s 57;
336
LAND FORCES.
[Chap. 33.
1887, 411, § 56. conflict With the laws of the L nited States or with the regulations issued 4
1893, 367, § SO. ^. j r
R. L. 16, § 67. thereunder. 5
190.5, 465, § 72.
1908, 604, § 81.
1917, 327. § 120.
G. L. (ed. of 1920) 33,
§ 109.
1924, 465.
13 Mass. 491.
11 Pick. 264.
Sicharge?etc., SECTION 107. A dishonorable discharge, or a discharge expressly 1
regulated.^ ^ forbidding re-enlistment, shall be given only to carry out the sentence 2
1887, 411, §69. of a court-martial. 3
1890, 425, § 6.
1893, 367, § 69.
1897, 448, § 10.
R. L. 16, § 83.
1905, 465, § 88.
1908, 604, § 104.
1917, 327, § 129.
G. L. (ed. of 1920) 33,
§ 118.
1924, 465.
Certificates of
discharge.
P. S. 14. §71.
1887, 411. § 70.
1890, 425, § 7.
Section 108. A discharged soldier shall be furnished with a certifi- 1
cate of discharge, setting forth his rank and stating clearly the reason 2
for his discharge. 3
1893, 367, § 70.
1897, 448, § 11.
R. L. 16, § 84.
1905, 465, § 89.
1908, 604, § 105.
1917, 327, § 130.
G. L. (ed. of 1920) 33,
§ 119.
1924. 465.
8 Mass. 279.
ITniforms of Commissioned Officers.
Uni,'orms, e_tc. SECTION 109. Commissioned officers shall provide themselves with 1
1887, 4u, § 71. uniforms, arms and equipments prescribed by the commander-in-chief. 2
1890, 42o, § 8. jg^ig gg^ ^ ^j jgjjg gg^ J ^ jgj.j, g^^^ ^ j,^j
R. L. 16. § 85. 1908, 604, § 106. G. L. (ed. of 1920) 33, § 120.
1905, 465, § 90. 1912, 67. 1924, 465.
Certain
supplies to be
provided by
the common-
wealth.
Sale of certain
other supplies
to officers and
enlisted men.
P. S. 14, § 73.
18S7, 411, § 72.
1893, 367, § 72.
R. L. 16, § 86.
1905, 465, § 91.
1908, 604,
5 107.
1911, 554.
1917, 327,
§132.
G. L. (ed. of
1920) 33, § 121.
Public Property — Issue, Accountability, etc.
Section 110. Except as provided in the preceding section, organiza- 1
tions of the land forces shall be provided, at the expense of the common- 2
wealth, with the uniforms, arms, equipments, colors, musical instru- 3
ments, books of instruction and of record, supplies and camp and garri- 4
son equipage, wagons and draft animals necessary for their proper 5
training and instruction and for the performance of military duty. Such 6
property shall be issued as the commander-in-chief may prescribe. The 7
state quartermaster may make sales of clothing, equipment, ordnance 8
stores and medical stores for cash to officers and enlisted men of the 9
Massachusetts volunteer militia, and the money so received by him shall 10
be paid to the commonwealth. 11
1924, 465. 4 Gray, 502.
prescribed and Section 111. The Uniform of the land forces shall be prescribed by
^'"s'u'' § 74 ^^^ commander-in-chief. No uniforms, except required yearly supplies,
1887, 411, § 73. shall be provided by the commonwealth without a special appropriation
i893i 367! § 73. tlicrcfor, and they shall be purchased under such inspection as the coiu-
R. L. 16, § 87. 1 • 1 • r ' J- i
1905, 465, § 92. mander-in-cliiet may direct.
1908. 604, § 108. 1917, 327, § 133. 1924, 465.
1916, 284, § 13. G. L. (ed. of 1920) 33, § 122.
Uniforms,
etc., to be
used only for
military
purposes, etc.
P. S. 14, §5 75,
77.
1887, 411,
§§ 74, 76.
Section 112. The uniforms, arms, equipments and other property
so provided shall be used only for military purposes, under regulations
prescribed by the commander-in-chief, who shall pro\'ide how and where
such property shall be kept and used, and shall be returned when ordered
by the commander-in-chief.
1893,367, §§74, 76.
R. L. 10, §§ 88.90.
1905, 405, §§ 93, 95.
190.S, 004, §§ 109, 111.
1917, 327, §§ 134, 135.
G. L. (ed. of 1920) 33. §§ 123, 124.
1924, 465.
Chap. 33.] land forces. 337
1 Section 113. An officer or soldier shall be responsible for the care, Responsibility
2 safe keeping and return of all government and state property aelivered to property, etc.
3 him; he shall use the same for military purposes only, and upon receiving issV, 4i'i. § 79.
4 a discharge or otherwise leaving the military service, or upon the demand r*'''l. il!''§ m'"'
5 of his commanding officer, shall forthwith deliver such property in his j^iJI'JJij ^'**-
6 possession to the commanding officer, or to any officer ordered to receive I^W^-^^t]
7 it, in good order and condition, reasonable use and ordinary wear thereof § id.
8 excepted.
G. L. Ced. of 1920) 33, § 125. 1924, 465.
1 Section 114. (a) An officer shall be accountable for public property AccOTntaMity
2 received by him for military use, and shall not sell, loan or transfer it or military
3 any part of it, without the authority of the commander-in-chief; and ^"Ti^^'s'ls.
4 shall be liable to the commonwealth for all property defaced, injured, {ia; sot', | si:
5 destroyed or lost by his neglect or default, or for its value, to be recovered f^^^- ]|^ 5 96.
6 in tort brought by the state judge advocate in the name of the common- 5 loi.
7 wealth.
1908, 604. S 118. G. L. (ed. of 1920) 33. 1924, 465.
1917,327, §137 (a). § 126 (a).
8 (6) Commissioned officers shall exercise the strictest care and vigilance Coun-martmi
9 for the preservation of the uniforms, arms, equipment and other property to same.
10 furnished to their several commands; and in case of any loss thereof or iggy, 4u, § gi.
11 damage thereto, by their neglect or default they shall be liable to punish- }f^£; i6^§ 95.''
12 ment as a court-martial may direct.
1905, 465, § 100. 1917, 327, § 137 (6). 1924, 465.
1908, 604, 5 117. G. L. (ed. of 1920) 33, 5 126 (b).
13 (c) When any officer or enlisted man neglects or refuses to return any Recovery of
14 military property of the commonwealth or of the United States or of any embezzled
15 military organization, or to account satisfactorily for it to the officer iSofifsM, is.
16 responsible for its custody, or to the officer ordered to receive it, such fuh'^°*-
17 custodian or officer may make a written complaint directly to the com- fllj^^l'
18 missioner of public safety, describing the ofTender and the missing prop- i^jiliji'jSo.
19 erty, and thereupon the state police shall make diligent search for the g^^l. (ed.'ot
20 property and the ofl'ender, and shall take possession of all such property § ha (c).
21 and turn the same over to the officer responsible for its custody.
1 Section 115. (a) An officer of the land forces, upon vacating an Disposition of
_, , ,, , . . ,. ii a? r • and liability
2 office, shall turn over to his immediate successor, or other omcer desig- for records.
3 nated by the commander-in-chief, all records, reports and military mSi'taV
4 property in his possession belonging or in any way pertaining to such ^™s.T4r§ i66.
5 office.
1887. 411, § 164. 190.5. 465. § 102. G. L. (ed.of 1920) 33, § 127 (o).
1893. 367, § 164. 190S. 004. § 119. 1924, 465.
R. L. 16, § 97. 1917, 327, § 138 (o).
6 (b) Upon the disbandment of any organization which has received SistondmeSr
7 property for military use, the commissioned officers thereof shall bef^^g j^ jg^
8 responsible for the safe return to the officer ordered to receive it of all such ism, 411, 1 83.
9 property in its possession, and the officer who has receipted for such R.h. le/i 98.
10 property shall be liable for any loss or damage thereto. § 103.
1908,604, § 120. 1917, 327, § 138 (6). G. L. (ed. of 1920) 33, § 127 (6). 1924, 465.
11 (c) Until an officer or his legal representative receives from the adju- ^'^™^y*°j^
12 tant general notice that the property accounts of such officer have been correct i'n-
13 found correct, the liability of such officer or of his estate for public prop- m^de.'^etc"
14 erty for which he is or may have been responsible shall continue. Upon fss^y, "nf § 84.
15 the death or desertion of an officer responsible for public property his i*o£; lf/^\l*-
338
LAND FORCES.
[Chap. 33.
1905, 465,
§ 104.
1908, 604,
§121.
1917, 327,
§ 138 (c).
immediate commanding officer shall at once cause such property to be 16
collected, and a correct inventory made by actual count and examination 17
and forwarded to the adjutant general, and compensation for any de- 18
ficiency may be recovered as provided in the preceding section. 19
G. L. (ed. of 1920) 33, § 127 (c). 1924, 465.
Penalty for
unlawful
purchase, etc.
P. S. 14. § 15.
1887. 411, § 15.
1893, 367. § 15.
R, L. 16, § 16.
1905, 465, § 16.
1908, 604,
S 116.
1917, 327, § 139.
Section 116. Whoever purchases, retains or has in possession any
implement, or any weapon of ordnance or article of clothing, camp or
garrison equipage or field equipage issued by and the property of the
United States or the commonwealth, unless the same shall have been
issued to him or is in his possession in accordance with law, shall be
punished by a fine not exceeding ten times the value thereof.
G. L. (ed. of 1920) 33, § 128. 1924, 465.
Liability for
loss, etc.
1905, 465, § 16.
1908, 604,
§ 116.
1917, 327,
§ 139.
G. L. (ed. of
1920) 33, § 128.
1924, 465.
Section 117. Every officer and enlisted man of the land forces who 1
loses through carelessness or neglect, carries away, or unlawfully disposes 2
of arms, equipment or other military property belonging to the United 3
States or to the commonwealth, shall be charged with the money value 4
thereof, as determined by a surveying officer or board of survey detailed 5
or appointed by the commander-in-chief to investigate and report upon 6
the case. Such surveying officer or board of survey shall submit with the 7
report all the evidence bearing upon the loss or disposition of the property. 8
Penalty on
officer or
soldier for
destruction of
public property.
PS. 14, §81.
1887, 411, § 80.
1893, 367, § SO.
1897, 448, § 12.
R, L. 16. § 94.
1905, 465,
§§ 16, 99.
1906, 504, 5 8.
1908. 604,
§§115, 116.
Section 118. An officer or enlisted man who wilfully or maliciously 1
destroys, injures or defaces any United States or state property, or who 2
loses or injures such property through carelessness or neglect, or who 3
carries away or unlawfully disposes of such property, or who retains in 4
his possession such property and neglects or refuses to return it when so 5
ordered, or who uses it in violation of the regulations or law, or who fails 6
satisfactorily to account for it, shall be punished as a court-martial may 7
direct. 8
1917. 327, § 140.
G. L. (ed. of 1920) 33, § 129.
1924, 465.
to^te^rn!"" Section 119. No soldier shall wear or use, except upon military duty 1
whe'n°Sn^duty ^^ '^^ spccial permission of his company commander or other competent 2
T% 14 §79' authority, any uniform or other article of military property belonging 3
1887, 411, § 78. to the commonwealth. 4
1893, 367, § 78.
R. L. 16, § 92.
1905, 465, § 97.
1908, 604, I 113.
1917, 327, § 141.
G. L. (ed. of 1920) 33, § 130.
1924, 465.
Adoption of
other than
prescribed
uniform, etc.
P. S. 14. § 86.
1887, 411, §85.
1893, 367, § 85.
R. L. 16, § 100.
1905, 465,
§ 105.
1908, 604, § 122.
Section 120. Any organization of the land forces may, with the 1
approval of a majority of its commissioned officers and of the com- 2
mander-in-chief, adopt at its own expense any other uniform than that 3
prescribed under section one hundred and eleven, but such uniforms 4
shall not be worn, except by permission of the commander-in-chief, 5
when such organization is on duty under his orders. 6
. 1917, 327, § 142. G. L. (ed. of 1920) 33, § 131. 1924, 465.
Volunteer
organizations
may own per-
sonal property,
etc.
P. S. 14, § 87.
1887, 411, § 86.
1893, 367, § ,86.
R. L. 16. § 101.
1905, 405,
§ 106.
Section 121. Volunteer organizations may own personal property, 1
to be under the control of the active members thereof; and the com- 2
manding officer of any organization may recover in his own name for 3
its use in any county where such organization or part thereof is located 4
any debts or effects belonging to it, or damages for injury to sucii prop- 5
erty. No suit or complaint pending in his name shall be abated by his 6
Chap. 33.] land forces. 339
7 ceasing to be commanding officer of the organization; but his successor i908. 604,
8 shall be admitted to prosecute the suit or complaint.
1917, 327, § 143. G. L. (ed. of 1920) 33, § 132. 1924. 465.
1 Section 122. The state surveying officer or a board of three officers insportinnand
2 designated by the commander-in-chief shall inspect and condemn state of'mi'ii'iury '""
3 military property unfit for use; and no property shall be sold until it P"s"'5?''§'88.
4 has been so inspected and condemned, and the condemnation approved J^g^; H]] | gj;
5 by the commander-in-chief, except that subsistence stores of a perishable J'goj 455 ^ '"^
Ci nature, which would spoil before action could be taken by the state ^^^oj
. ,„ lie* • 1 '11 1 l"!*?^. bU4,
7 surveying ofhcer or a board of inspection as above provided, may be 5 124.
8 sold by the officer responsible therefor, after survey by a surveying ih\T. 32?;
9 officer detailed by the commanding officer of the organization. The g'i* (ed. of
10 report of the survey, approved by the commanding officer, shall be for- }^|^J |^^^ '^^
11 warded by the accountable officer with his report of the sale. The
12 proceeds of all sales made hereunder shall be paid to the commonwealth.
Duty — Active and Peace. Inspection and Drill.
1 Section 123. The land forces shall perform during each year not Annual service
2 less than fifteen days' training under service conditions at times and issi, 277,
3 places designated by the commander-in-chief.
p. S. 14, §§ 108. 109. 111. 1898. 348. § 1. 1916. 209.
1884, 2.30, 5U3. 14, R. L. 16. §§ 128, 129, 131. 1917, 327, §§ 146. 147.
1887, 411, §§106,107,109. 190.i, 465, §§134, 13.5, 137. G. L. (ed, of 1920) 33, §135.
1893,367, §§106, 107, 109. 1908, 604, §§ 151, 152, 154. 1924,465.
1 Section 124. When on duty under orders of the commander-in-chief, JJ,','^!'* °°
2 the militia may enter upon and occupy any public or private lands enter and
3 within the commonwealth for the necessary purposes of such duty, and certain Unda,
4 no officer or soldier shall thereby become liable, either civilly or crim- fialiiiuy. ""
5 inally, for trespass; but, except in times of invasion, insurrection, riot, Isst, iti,^ ''"
6 or public catastrophe or danger, neither the organizations of the militia fslj?,* sgy.
7 nor individual members thereof shall be permitted to enter houses or |{'^* jg j uq
8 other buildings or their immediate enclosures, without the consent of l^*'^^^*^^'
9 the owner or tenant in possession, nor to go upon the gardens, lawns, 1908. 604,
10 tobacco fields, cranberry meadows, vineyards, nurseries, fields with loiV, 327. §i4S
11 especially valuable crops, orchards or cemeteries unless extreme neces- iMoi 33. §°i36
12 sity for such entry exists, and then only in obedience to the specific ^^'^*' *^^-
13 or(lers of the senior officer present.
1 Section 125. In the case of land entered upon under the preceding Damages for
2 section for an encampment or other substantial occupancy, the owner to li^nd, etc.
3 thereof shall receive damages in the nature of compensation for the use f8S7,4ii,§V(?8.
4 of the land and for any injury to the same resulting from such occupancy; 1^''l;^i6!'§M3o;
5 and in the case of land so entered upon or passed over in the course of Jgol; gM, | isi:
6 maneuvers, field exercises, or any similar transient purposes, the owner i^ij^ 327,
7 shall receive damages for any injury to the same resulting from such g, l. (e^. of
8 entry, but shall not be entitled to compensation for the use of the land. 1924, 465.
9 The amount of damages to be paid by the commonwealth under this
10 section shall be as agreed upon by the owner of the land with an officer
11 or board of officers appointed by the commander-in-chief to adjust the
12 claim, but if the parties are unable to agree, the damages shall be assessed
13 under chapter seventy-nine.
340
LAND FORCES.
[Chap. 33.
Inspection at SECTION 126. At each encampment, the state inspector, or such
5S8r277"'' assistants as may be detailed, shall be present, and shall, within thirty
p^l.'u, §§108. days thereafter, report in writing to the commander-in-chief in regard
llsi, 230. §14. to "numbers, discipline and other matters affecting the character and
§fio6*io9. efficiency of the organizations.
1893, 367.
R. L. 16, f
1905, 465,
j 106, 109.
i 128, 131.
t§ 134, 137.
1908, 604, §§ 146,
151,154.
1917, 327, § 149.
G. L. (ed. of 1920) 33,
§ 138.
1924, 465.
§ 114.
Notice for
duty. De
livery.
1878. 265,
§ 110.
P. S. 14.
1887, 411
i 111.
1893, 367,
1878, 265,
§ 111.
P. S. 14. § 115.
1887, 411,
§ 112.
1893, 367,
§ 112.
R, L. 16. 5 134,
1905,465, §140.
Section 127. (a) The notice for the duty required under section one
hundred and twenty-three shall be given to each person verbally, or by
delivery to him in person, or by leaving at or mailing to his last known
abode or place of business the order therefor, at least four days previous
to the time appointed.
G. L. {ed. of 1920) 33, 21 Pick. 332.
§ 140 (a). 22 Pick. 406.
1924, 465. 23 Pick. 54, 57.
R. L. 16, § 133.
1905, 465, § 139.
1908, 604, § 156.
1917, 327. § 151 (a).
15 Pick. 7.
(b) The commanding officer of a regiment, separate battalion or
squadron, or of the first corps of cadets, or of a company may direct such
orders or the order and copy of charges under section one hundred and
sixty-three to be delivered by one or more of the enlisted men of his
command.
1908, 604,
1917, 327,
§ 157.
5 151 (6).
G. h. (ed. of 1920) 33,
§ 140 (6).
1924, 465.
6
7
8
9
10
Section 128. The commander-in-chief may authorize the use of
Mounted
bands.
P. s. 14, § 117. mounted bands.
1887, 411, § 114,
1893, 367, § 114,
R. L. 16, § 137.
1905, 465, § 143.
1908, 604, § 160.
1917. 327, § 152.
G. L. Ced. of 1920) 33,
§141.
1924, 465.
United States
system of dis-
cipline to be
observed.
P. S. 14, § 152.
1887, 411,
§ 150.
Officers and
men subject to
military law
and jurisdic-
tion.
1881, 277, § 5.
P. S. 14, §§145-
148.
1887, 411,
§§ 143-146.
Section 129. (a) The land forces shall conform to the system of dis-
cipline and field exercise ordered to be observed by the army of the I'nited
States, or to such other system as may hereafter be established by the
laws of the United States.
1893, 367, § 150.
R. L. 16, § 172.
1905, 465, § 178.
1908. 604, § 194.
1917, 327, § 153.
G. L. (ed. of 1920) 33, § 142 (.a).
1924, 465.
(h) Officers and enlisted men of the land forces may be tried and
punished under this chapter for acts contrary to the provisions thereof
or to the regulations for the government of the militia, or for any oti'ence
for which officers and enlisted men of the United States army may be so
tried and punished.
1893,367, §§ 143-146. 1908,604, §§187-190. G. L. (ed. of 1920) 33, § 142 (6).
R. L. 16, §§ 105-168.
1905,465, §§ 171-174.
1917,327, §153 (6).
1924, 465.
Officers and
men not en-
tering service
of tlie United
States remain
in militia.
1905, 465,
§ 187.
1908, 604,
§203.
1917, 327,
§ 154.
G. L. (ed. of
1920) 33, § 143.
1924, 465.
Section 130. Commissioned officers and enlisted men, who, by
reason of their supplementary positions in the land forces, cannot be
accepted when the organization to which they are attached is taken into
the service of the United States, shall not therefor be discharged from the
land forces, but shall be subject, within the limits of the commonwealth,
to such military duty as the commander-in-chief shall require, antl upon
the return to the state of the organization to which they were attached
shall resume their former duties.
In like manner, officers and soldiers in the service of the commonwealth,
but who for any lawful reason do not enter the service of the United
States, shall retain their positions with the land forces.
1
2
3
■1
.5
6
7
8
9
10
11
Chap. 33.] l.\nd forces. 341
1 Section 131. Except by order of the commander-in-chief, or with his Troops, when
2 consent, no organization of the land forces shall be ordereil without the oui»'i.".^rf,m-
3 limits of the connnonwealth or leave the commonwealth for any jK'riod or Pcnaii'v.''^'''
4 purpose whatever, with public military property in its possession or use. fjgy \\\^ ^''^•
5 Any organization disobeying the provisions of this section may, subject iVgl^ggj
6 to the laws of the United States, be disbanded by the commander-in-chief. 8 iss.
R. L. 16. § 1S3. 1908, 604, 5 206. G. L. (ed. of 1920) 33, § 144.
1905, 465, § 191. 1917, 327, § 155. 1924, 465.
Meetings and Assemblies.
1 Section 132. (a) Division and brigade commanders may, six times Meetings of
2 in each year, call meetings for instruction of their staff officers, including n™onTnn?is-
3 attached departmental officers, field officers, adjutants, and captains of foHnitrlfcUon.
4 unattached companies of their commands, at some convenient place offic""'s or
5 within the limits of their divisions or brigades, or at such place as the f^[^^"}
6 commander-in-chief may designate. The commanding officer of each p s h. § lie.
7 regiment, separate battalion or squadron, and such other organizations §ii-i '
8 as may be authorized by the commander-in-chief, or of the first corps of §^13.^°^'
9 cadets may call similar meetings of the officers and noncommissioned fgos, 405,^ *^^
10 officers of his command, including attached departmental oflicers, six iVot'604
11 times in each j-ear. No compensation shall be allowed for attendance at f9\'^/64'' 1
12 such meetings, but the officers and noncommissioned officers attending i^i^! 32?;
13 such meetings shall be provided with the necessary transportation, at the g. l. Ced. of
14 rates established by law, when the distance traveled exceeds five miles. 1923! 4.59,^*3.^'
15 (b) At the discretion of the commander-in-chief a school for officers or ^^'^*' *''^'
16 selected enlisted men may be established in any part of the common-
17 wealth, under such regulations as he deems proper.
1 Section 133. Division and brigade commanders may visit the head- visits by
2 quarters and companies of their commands whenever they deem it neces- offiJSreto.*
3 sary for military instruction. The commanding officer of each regiment, anowed".
4 separate battalion or squadron, or of such other organization as may be l^fj'g*^''
5 authorized by the commander-in-chief, or of the first corps of cadets, may }||^' 232. § 2.
6 visit the companies in his command six times each year; field and staff § 127.
7 officers, such companies as they are ordered to visit by regimental, r. l' i6.'§ i36.
8 separate battalion, squadron or such other organization commanders as Tni*'^*'
9 may be authorized by the commander-in-chief, six times each year; fhw.*'"*'
10 division and brigade staff' officers, including attached departmental fl^j^^'''
11 oflicers, when ordered so to do by their commanding officers, may visit ^goQJ ^s** 5°{46
12 each company in their division or brigade once in each year. The state '923, 459, § 4. '
13 ordnance officer may visit competitions of company teams in regimental,
14 battalion, squadron and corps competitions, and competitions of regi-
15 mental, battalion, squadron and corps teams in state matches. Mileage
16 for such visits shall be allowed on receipt of returns therefor at the rate
17 of six cents a mile each way, the distance being computed by the line of
18 the most direct railwaj' communication from the residence of the officers,
19 or by such route as may be approved by the commander-in-chief.
1 Section 134. The commanding officer of any regiment, separate Evening com-
2 battalion or squadron, or such other organization as may be authorized Son^mayTe"
3 by the commander-in-chief, or of the first corps of cadets may order com- p!^s"u. § lis.
4 pany inspection in the evening at the several company armories, when the J^f/^ *'■'■■
5 good of the service so requires.
1893, 367, § 115. 1906,504,5 10. G. L. (ed. of 1920)
R. L. 16. § 138. 1908, 604, § 161. 33, § 147.
1905, 465, § 144. 1917, 327, § 158. 1924, 465.
342
LAND FORCES.
[Chap. 33.
Company and
regimental,
etc.. drills.
P. S. 14, § 119.
1887, 411.
5 116.
1893, 367.
S 116.
R. L. 16. § 139.
1903, 247.
190.5, 465.
U45.
1908, 604,
§162.
1911.594,
1917. 105,
327. § 159.
G. L. (ed. of
1920) 33, § 148.
, §1.
, §3;
Section 135. In addition to the duty required by section one hun- 1
dred and twenty-three, and in addition to any duty that may be required 2
under .sections seventeen, twenty-five, and twenty-six, every company 3
of tlie volunteer militia shall assemble for instruction and drill at least 4
forty-eight times in each year, and oftener upon the orders of the com- 5
pany commander or his superior commanding officers. Regimental, 6
battalion, or squadron drills may be held in place of company drills, 7
and transportation to and from the place of such drills shall be furnished 8
for the companies, batteries or troops composing the regiment, battalion 9
or squadron, if authorized by the commander-in-chief. 10
1924, 465.
drifisTt/'^'"" Section 136. The commanding officer of a regiment, separate bat-
P- 1- i4' 5 129. talion, squadron or of such other organization as may be authorized by
§ 126. ' ' ' 1 • 1 • .. |. . 1 r> . ,. , . ^ . n>
1893, 367.
S126.
R. L. 16, 5 149. 1 , 1 1 -ii
1905, 465, § 155. duty aud drills.
the commander-in-chief, of the first corps of cadets, or of a staff corps
or department may, on sufficient grounds, excuse absences from camp
1908, 604, § 172.
1917, 327, § 160.
G. L. (ed. of 1920) 33.
§ 149.
1924. 465.
No compen-
sation except
for personal
service, etc.
Pay and Allowances.
Section 137. No officer or soldier in the land forces shall be entitled 1
to compensation for military service unless he personally performs the 2
f887 411 ^ '^^' same, although he may be excused therefrom ; and no substitute shall 3
5 122. ' be allowed any compensation for such services. 4
1893, 367, § 122. 1908. 604. § 168. G. L. (ed. of 1920) 33, § 150.
R. L. 16, § 145. 1917, 327, § 161. 1924, 465.
1905, 465, § 151.
Pay of officers
and soldiers.
P. S. 14, § 130.
1882, 178.
1887, 411,
§127.
1891, 232,
1893, 367.
§127.
1898, 348,
§§3,4.
§1.
Of soldiers for
certain duties.
1920, 274.
G. L. (ed. of
1920) 33,
§ 151 (6).
1924, 465.
4 Gray, 601.
Of soldiers at
annual service
training camps.
G. L. (ed. of
1920) 33,
5 151 (c).
1924, 465.
1926, 286.
Section 138. (a) There shall be allowed and paid per diem to officers
of the land forces, on rolls and accounts kept in such form as the com-
mander-in-chief may prescribe, for the duty prescribed by sections
seventeen, twenty-five, twenty-six, and one hundred and twenty-three,
the same per diem pay as is received by officers of the national guard,
when in federal service.
1900, 188, § 4.
R. L. 16, § 150.
1905. 465, § 156.
1906, 504, § 11.
1908, 604, § 173.
1913, 532.
1916, 221.
1917, 105, § 1; 327, § 162.
G. L. (ed. of 1920) 33, § 151 (a).
1923, 4.59, § 5.
1924, 465.
(b) There shall be allowed and paid per diem to soldiers of the land 7
forces, on rolls and accounts kept in such form as the commander-in- 8
chief may prescribe, for the duty prescribed by sections seventeen, 9
twenty-five and twenty-six, as follows: noncommissioned staff officers, 10
first sergeants of companies, three dollars and five cents; bandsmen, 11
four dollars and fifty -five cents; cooks, three dollars and fifty-five cents, 12
if, in such form as the commander-in-chief prescribes, it is certified and 13
made to appear that in each case the duty of superintending and assist- 14
ing in the preparation of the food of the company was actually per- 15
formed by the cook in person during tlie tour of duty or day of duty for 16
which he is returned for pay, otherwise the pay of other enlisted men of 17
like grade; and every other enlisted man, one dollar and fifty-five cents. 18
(c) There shall be allowed and paid per diem to soldiers of the land 19
forces, except horseshoers, bandsmen and cooks, on roils and accounts 20
kept in such form as the commander-in-chief may prescribe, for the duty 21
prescribed by section one hundred and twenty-three the same per diem 22
pay and allowances as are received by soldiers of like grade in the regu- 23
CBLiP. 33.] LAND FORCES. 343
24 lar army. For tliis duty, horseshoers shall receive four dollars and fifty-
25 five cents per tliein, and bandsmen and cooks shall receive the same jjcr
26 diem pay as is prescribed for members of a band and cooks serving under
27 section seventeen.
28 (d) For all other duty under orders of the commander-in-chief unless of officers and
29 specially provided, or as a witness or defendant under summons, there (ortaiS'dutics.
30 shall be paid per diem to all officers above the rank of captain, four 1920) sal' °'
31 dollars; to every other commissioned officer, two dollars and fifty cents; 1924! 465.
32 to every member of a band, three dollars and fifty-five cents, and if with
33 troops one dollar additional; and to every other enlisted man, one dol-
34 lar and fifty-five cents, except where payment is made therefor from
35 federal funds.
30 (e) There shall be allowed for each horse actually used and furnished holZ^aSd'"
37 by officers and soldiers authorized to be mounted, and for each draft g ^l "("j^o}^'
38 animal used, a sum not exceeding four dollars a day, which shall be in 1920) 33
39 full for keeping and forage, except that when forage is furnished in kind 1924, 465.
40 as provided in section one hundred and forty-seven the cost of the same
41 shall be deducted from this allowance.
42 if) In addition to the pay herein specified, each member of the band neuo™''"
43 and each enlisted man shall receive forty-five cents per diem, in lieu of G'^L''*™''of
44 subsistence, except as provided in section one hundred and forty-seven. 1920) 33
1924, 465.
1 Section 139. Inspections by the state inspector or his assistants shall ^"^fi'"„3°not
2 not constitute tours of duty for which state pay will be allowed to the f°u™of ^uty
3 troops inspected. «'=•
p. S. 14, § 16. R. L. 16, § 17. 1917. 327, § 50.
1887, 411, § 16. 1905, 465. § 17. G. L. (ed. of 1920) 33, § 54.
1893, 367, § 16. 1908, 604, § 35. 1924, 465.
1 Section 140. (a) An owner of a riding or draft animal which is Compensation
2 killed or injured while in the custody of a person in the performance of injury of^ °'^
3 duty under the provisions of sections seventeen, twenty-five, twenty-six, AdTustmentof
4 and one huntlred and twenty-three, shall be entitled to receive compensa- fi^ury tCVi-
5 tion for the loss sustained by such death or injury. '^'"^ property.
1910, 227, § 1. 1919, 5. 1924, 465.
1917, 327, § 163 (a). 1920, 2.
1918, 257. § 81. G. L. (ed. of 1920) 33. § 152 (a).
6 (b) All claims for such death or injury shall be inquired into by a board Jgj"; jp; ^ ^'
7 of three officers appointed by the commander-in-chief. The board shall ^'^^ ^^^- ^j
S have the same power to take evidence, administer oaths, issue subpoenas i92oi 33
9 and compel witnesses to attend and testify and produce books and papers, i924, 465.
10 and to punish their failure to do so, as is possessed by a general court-
1 1 martial. The findings of the board shall be subject to the approval of the
12 commander-in-chief. The amount found due to the owner by said board,
13 to the extent that its findings are approved by the commander-in-chief,
14 shall be paid from the fund established by section one hundred and forty-
15 one.
16 (c) All claims for injury to private property occasioned by members of fS" l.^Is," ^ "
17 the volunteer militia while in the performance of duty under the provi- 1924^46^'
18 sions of sections seventeen, twenty-five, twenty-six, one hundred and
19 twenty-three, one hundred and thirty-five, and one hundred and eighty-
20 one, shall be inquired into by a board of three officers appointed by the
21 commander-in-chief. The board shall have the same power to take evi-
22 dence, administer oaths, issue subpoenas and compel witnesses to attend
23 and testify and produce books and papers, and to punish their failure to
344
LAND FORCKS.
[CiLVP. 33.
do so as is possessed by a general court-martial. The findings of the board 24
shall be subject to the approval of the commander-in-chief. The amount 25
foimd due to the owner of the property by the said board to the extent 26
that its findings are approved hy the commander-in-chief shall be paid 27
from the fund established by the following section. 28
Annual
appropriation
for claims,
1910, 227, § 3.
Section 141. To defray the claims and expenses arising under the 1
preceding section, there shall annually be allowed by the commonwealth 2
a sum not exceeding twenty-five hundred dollars. 3
1917, 327, § 164. G. L. (ed. of 1920) 33, § 153. 1924, 465.
Annual
appropriation
and regula-
tions for
maintenance
of draft and
riding animals.
1914, 758, § 1.
1917, 93; 327,
§ 165 (a).
G. L. (ed. of
1920) 33,
§ 154 (n).
1921, 3.59, § 3.
1924, 465.
1914, 758, § 2.
1917, 93; 327,
5165 (b).
G. L. (ed. of
1920) 33,
§ 154 (6).
1924, 465.
Section 142. (a) There shall annually be allowed and paid by the 1
commonwealth from such sums as may be hereafter appropriated for the 2
maintenance of the I'nited States and state draft or riding animals, used 3
for military organizations authorized to be mounted, a sum not exceeding 4
fifteen dollars each month for every such animal owned by such organiza- 5
tion or by individual members thereof and used for military purposes. 6
Such allowance to an organization maintaining horses under this section 7
shall be for forage, care and maintenance. The commander-in-chief shall, 8
by order, prescribe the conditions and regulations relative to the use and 9
maintenance of such horses, which shall be complied with before the 10
allowance shall be paid. 11
(b) The commaniler-in-chief shall, by order, prescribe the conditions 12
and regulations for the use and maintenance of draft or riding animals 13
owned by the commonwealth and used for military purposes, and may 14
authorize the use and letting of such animals. All income received from 15
such use and letting shall be paid into the state treasury. 16
State pay, etc.,
when reduced
by amount
received as
United States
pay, etc.
1910, 283.
1917, 327,
5 166.
G. L. (ed. of
1920) 33. § 155.
1924, 465.
Section 143. When an organization of the land forces engages in any 1
encampment, maneuvers or field instruction under the laws of the United 2
States, or the troops of this commonwealth receive from the I'nited States 3
government any pay, subsistence, forage and transportation or other 4
allowance on account of such service, the allowance for pay, subsistence, 5
forage and transportation provided for by this chapter shall be reduced by 6
the amounts so received from the United States go^■e^nment. 7
Allowance for
motor vehicles,
etc.
1911,514.
1917, 327,
§167.
G. L. (ed. of
1920) 33, § 156.
1924, 465.
Section 144. There may be allowed, on approval of the adjutant
general, for motor vehicles actually used in lieu of horses, to each officer
and soldier authorized to be mounted, but using such vehicle in lieu of a
horse, a sum not exceeding four dollars per day; but the commonwealth
shall not be liable for any injury to or depreciation of motor vehicles so
used, or for any damages to persons or property resulting therefrom.
Allowance
for travel, etc.
P. S. 14,
§ 131.
1887, 411,
§ 128.
1893, 367.
§ 128.
R. L. 16. § 151.
1905, 465,
§ 1.57.
1906, 504, § 12.
1908, 604,
§ 174.
1911, 642,
1912, 399.
1916, 221.
1917, 327,
S 168 (a).
1919, 73.
§2.
Section 145. (o) There shall be allowed and paid to each officer 1
and soldier required to travel on duty, as follows: Under sections sev- 2
enteen, twenty-five, twenty-six, and one hundred and twenty-three, 3
mileage at the rates established by law computed by the most direct 4
railroad communication from the place where the headquarters of the 5
various commands and the armories of the companies are situated and 6
return, or by such route as may be appro\ed by the commaiuler-in- 7
chief; and when upon duty as a member or judge advocate of any niili- 8
tary court or board, or as a witness or defendant before such court or 9
board, when attending meetings of officers and noncommissioned 10
officers, as provided in section one hundred and thirty-two, when acting 1 1
Chap. 33.] l.\nd forces. 345
12 as a paymaster, and in any case when obliged by orders of the com- 1920, 127.
13 mander-in-cliief to travel without troops, six cents a mile eaeh way, 1920)33,'°
14 computed by the most direct I'ailroad commmiication from the residence 1922! l-jk, 5 1.
15 of the officer or soldier, or by such route as may be approved by the [g^l] tal'. ^ ^'
16 commander-in-chief.
17 (b) When militarv propertv loaned bv the United States government Reimburse-
1 1 1 I n- 1 I ' • • I I' 1 ment to
1<S to the commonwealth has sunered loss or mjury, the amount or such United states
19 loss or injury shall be paid to the I'nited States go\-ernment by the p"op"«y!^et°e.' '
20 commonwealth on approval of the adjutant general, and the amounts 6b4!*'H74.
21 so paid shall be deducted from allowances made payable to officers of Iglflsl?;
22 the militia or from sums paid to the commonwealth by the adjutant o'lf Sof
23 general on account of such loss or injury and collected by him from i92oj 33.
24 officers of the militia responsible therefor, or from their bondsmen. 1924, 465.
25 (c) Inspecting officers, when on duty in armories under orders of the Payandaiiow-
26 commander-in-chief, shall receive the pay and allowances provided for specting
27 officers on duty.
1889,360. §4. 1906, .504, § 12. 1917, 327, 5 168 (f).
1893, 367, 5 128. 1908, 604, § 174. G. L. (ed. of 1920) 33, § 157 (c).
R. L. 16, § 151. 1912, 399. 1924, 465.
1905, 465, 5 157.
2cS (d) There shall be allowed and paid bv the commonwealth, as of April Annual allow-
^ ^^ , . . * ' ances to com-
29 first in each year, to each commissioned officer, and to each warrant missioned and
30 officer, who served as such for the year preceding said date, or for a part of national
31 thereof, a sum for uniform allowance computed at the rate of thirty-five unfformT.
32 dollars for the full year, upon the approval of the adjutant general and loU'. tn, § i.
33 of the intermediate commanders in the chain of command and upon ^^^°' '''^' ^ '■
34 their certification that such commissioned officer, or such warrant officer,
35 has served for the whole or a specffied part of said year and during such
36 ser\ice has provided himself with the equipment required by the regu-
37 lations.
1 Section 146. Mounted officers and men, when ordered by the com- Allowance for
2 mander-in-chief to transport their horses, shall be allowed the actual hOTsS."'^*'"^
3 cost of such transportation from the point of departure nearest to the s^fli.^^^'
4 several headquarters or the armories of the companies to which they p^|14. §§i32,
5 belong. No allowance shall be made for transportation not actually i^Ygo^Vsi
6 used, nor to officers or men, when transported by horses provided by i893, 367, '
7,1 1,1 ^ §§ 130, 131.
the commonwealth.
R. L. 16, § 153. 1908, 604, § 175. G. L. (ed. of 1920) 33, § 158.
1905, 465, § 159. 1917, 327, § 169. 1924, 465.
1 Section 147. Subsistence for enlLsted men and bandsmen shall be Subsistence.
2 furnished in kind, unless it is otherwise directed by the commander-in- bidr/or'""^ °'
3 chief, when troops are on duty under sections seventeen, twenty-five, IX^of'
4 twenty-six, and one hundred and twenty-three. Bids for supplies for ^oTe^'fo?"^*
5 the annual encampment of the militia, involving the expenditure of g^^l' [!j'' , ^3^
6 more than one hundred dollars, shall be advertised for by the state i887^4i'i,
7 quartermaster in such newspapers as the adjutant general approves; 18937367,
8 and the contract shall be awarded to the lowest bidder, if the bid is ii l"i6, § 154.
9 approved by the adjutant general, and the bidder furnishes such secur- l^ufo.*^^'
10 ity, if any, as the adjutant general may require. This requirement as to ^'''ife.®"*'
11 advertising shall not apply to supplies purchased or drawn from the }gJo' IH'
12 war department or from contractors under contract to that department, P/ZJ*^^-
13 if the commander-in-chief so directs. The state quartermaster may G. L.'ced. of
14 make sales of commissary stores for cash, at contract prices, to officers 1924, 465.
15 and enlisted men, and to civilian employees of the state or of the United
346 LAND FORCES. [ChAP. 33.
States assigned to or emploj'ed at the station or with the troops, and the 16
moneys so received by him shall be paid to the commonwealth. The 17
state quartermaster may purchase annually for sale for cash to officers 18
and enlisted men and to such civilian employees of the state or of the 19
United States, commissary stores to a value not exceeding five thousand 20
dollars. Forage and transportation may be furnished in kind in lieu of 21
money allowances. 22
heLZuartere, SECTION 148. There shall annually be allowed and paid under such 1
tarn expenses. Tcgulations as may be promulgated by the 'commander-in-chief, for 2
liii 45 ^ ^^^' postage, printing, stationery, care of property, equipment, military 3
1887,' 411 expense, including clerical assistance: to each brigade headquarters, 4
1890,425. §11. one hundred and fifty dollars; to each regimental headquarters, twelve 5
§§128,133; hundred dollars, and fifty dollars for every company in the command; 6
1895, 485, §8. to cach Separate battalion or squadron and to each other organization 7
fi i5i!*i55. designated by the commander-in-chief, and to the first corps of cadets, 8
st^'isT^'^ftii °"^ hundred and fifty dollars for each company therein; and to each 9
i9o«. 504. company, five hundred dollars, and two dollars for each enlisted man 10
1908. 604, attached thereto or enrolled therein, not exceeding the maximum enlisted 11
1912, 399. ' strength allowed by law, to separate detachments and sections such pro- 12
1916! 86.'' portionate amounts as may be approved by the commander-in-chief; 13
§§'2,' 3'° 327, to di\ision headquarters for office and maintenance expense, twenty- 14
§ 171. five hundred dollars. 15
G. L. (ed. of 1920) 33, § 160. 1923, 459, § 8.
1922, 445, § 2. 1924, 465.
orunfformsr'"" SECTION 149. There shall annually be allowed and paid, under such 1
1890 4''5 5 11 regulations as may be promulgated by the commander-in-chief, to each 2
1893! 439. headquarters, department, corps and company, and to each other unit 3
1905! 465, ' designated by the commander-in-chief, the sum of two dollars for each 4
1906,'504, enlisted man, excepting bandsmen not mustered, attached thereto or 5
1908, 604, § 177. enrolled therein, not exceeding the maximum enlisted strength allowed (5
1916, 86.'' t)y 1*^^' the amount so paid to be expended in the repair and alteration 7
sirVi?'' ^ ^' '^^ uniforms, or in defraying the incidental military expenses of the several 8
G. L. (ed. of organizations. 9
1920) 33, § 161. "
1923, 459, § 9. 1924, 465.
f906"!''504!Ti3. Section 1.50. There shall annually be allowed and paid under such 1
•sfl^ "SM. regulations as may be promulgated by the commander-in-chief, to brigade, 2
i9ir' sfi'' regimental, separate battalion, squadron or to each other organization 3
1917! 105. § 2; designated by the commander-in-chief, and corps headquarters, and to 4
g" L. (ed. of each company, for the services of a company armorer, or armorer for 5
1924? 465.^ '^^' regimental, separate battalion, squadron and corps headquarters, who 6
shall devote all necessary attention to the care of the arms, equipments 7
and uniforms of the headquarters or company, the sum of one hundred 8
and twenty-five dollars. 9
mechini""^ Section 151. There shall annually be allowed and paid, under such 1
1917' 327' regulations as may be promulgated by the coinmander-in-(_'hief, to each 2
iH*-, ,' , field artillery unit the sum of eight hundred dollars for tiie ein])i()viiieiit of 3
G. L. (ed. of • I . 1-111 • 1*1 I
1920) 33. § 163. a competent mechanic, to be appointed by the unit coinmamler and ap- 4
1925! 27o! proved by the state quartermaster, and who shall be regularly enlisted in 5
the unit. Tlie said mechanic shall devote his time and labor exclusively 6
to the care of the artillery equipment and material of the unit, except, 7
Chap. 33.] land forces. 347
8 however, that he may be required hy the state quartermaster to perform,
9 without further compensation, the duties of assistant armorer in the
10 quarters occupied by the unit.
1 Section 152. The state quartermaster shall have advanced to him by Advances to
2 the commonwealth, under sucli rules and regulations as the state comp- masterfor '^''
3 troller may prescribe, one hundred per cent of the pay and mileage for i9o6.''266.
4 duty performed at camp, or under sections twenty-five and twenty-six fgoslfeg.^^'
5 and shall return the unexpended balance of the sum so advanced as soon J^o*, 434. ^
6 as possible, or at such times as the comptroller may require.
1914, 45; 370, §§ 2, 3. 1017. 327. § 175. G. L. (ed. of 1920) 33, § 164.
1916, 284, § 15. 1U20. 365. 1924, 465.
1 Section 153. Officers of the quartermaster corps shall take proper Vouchers and
2 vouchers for all payments, and immediately after the payment of troops office 1°
3 shall file with the state comptroller an account of their payments, with mTste" corps.
4 their vouchers; and such accounts shall be audited by the state comp- fgs*?, 4uf ^^^'
5 troller, and the several officers shall be held to account for any discrepan- 5 iss-
6 cies.
1893. 367. § 1.5.5. 1908, 604, § 200. G. L. (ed. of 1920) 33, § 165.
R. L. 16. § 177. 1912, 58. 1924, 465.
1905, 465, § 184. 1917, 327, § 176.
1 Section 154. The militia, when in the service of the United States, Pay and aiiow-
2 if paid by the commonwealth, shall receive the same pay and allowances u"nited°state3
3 as the regular troops of the United States, and the rations when com- p"s'°i4, § iss.
4 muted shall be valued at the rate fixed by the regulations of the United j^fjii*'''
5 States army in force at the time. When the militia are discharged from Pflg^®^'
6 such service, they shall be allowed pay and rations to their respective R- l. i6, § i84.
7 homes.
1905, 465. § 192. 1917, 327, § 177. 1924,465.
1908,604, §207. G. L. (ed. of 1920) 33, § 166.
CourtS'Martial — Courts of Inquiry — Special Boards.
1 Section 155. Courts of inquirv in the land forces shall be instituted, pouftsof
^ ^ . inquiry.
2 constituted and conducted in the same manner and shall have like powers P- s 14,
3 and duties as similar courts in the army of the United States, except that i887, 411, '
4 such courts shall be ordered by the commander-in-chief or by a brigade i893.'367',
5 commander. ^^ "^' '^^•
1897, 448, 5 14. 1908. 604. §5 179, 180. G. L. (ed. of 1920) 33, § 167.
R. L. 10. §5 1.57, 158. 1917, 327, § 178. 1924, 465.
1905, 465. §§ 163, 164.
1 Section 156. There shall be allowed to each person, not in the volun- Allowances
2 teer militia, appearing before courts of inquiry or courts-martial, upon Rs'^iTuse.
3 summons of the president or judge advocate thereof, one dollar and fifty j^fji'*'^'
4 cents for each day's attendance and six cents for each mile necessarily l^j^lj^^^'
5 traveled in obedience to the summons.
R. L. 16, § 156. 1908.604. §178. G. L. (ed. of 1920) 33, § 168.
1905, 465, § 162. 1917, 327, §179. 1924,465.
1 Section 157. Courts-martial in the land forces shall be of three Courts-
2 kinds, namely, general courts-martial, special courts-martial and sum- p.''s.'i4,
3 mary courts-martial. They shall be constituted like similar courts pro- u.iu?^* '
4 vided for by the laws and regulations governing the army of the United j^^^i'st'-ui.
5 States, and shall have cognizance of the same subjects as those courts and Jsg-i'teV
6 possess like powers with them, except as to punishments, and the pro- HJ^J^}*^'
348
LAND FORCES.
[Chap. 33.
R. L. 16,
§§ 169-163,
165-167.
ceedings of courts-martial of the national guard shall follow the forms and 7
modes of procedure prescribed for said similar courts. 8
G. L. (ed. of 1920) 33, § 169.
1924, 465.
1905, 465, §§ 165-169, 171-173.
1908, 604, §§ 181-185, 187-189.
1912, 519.
1917,327, §
General courts-
martial, how
convoked-
Punisbnients,
etc.
PS. 14,
§§139-141.
1887,411,
§§ 137-139.
1893, 367,
ii 137-139.
Section 158. General courts-martial of the land forces may be 1
convoked by order of the president or of the governor, and may impose 2
one or more of the following punishments or sentences for each offence: 3
(1) Fine, not exceeding two hundred dollars. (2) Forfeiture of pay and 4
allowances. (3) Reprimand. (4) Dismissal or dishonorable discharge 5
from the service. (5) Reduction of noncommissioned officers to the ranks. 6
R. L. 16, §§ 159-161.
1905, 465, §§ 16.5-167.
1908, 604, §§ 181-183.
1912, 519.
1917,327,1181.
G. L. (ed. of 1920) 33, § 170.
1924, 465.
Special courts-
martial, ap-
pointment,
powers, etc.
P. S. 14,
§§140.141,
146.
1887,411,
§§138,139,144.
1893, 367.
§§138,139, •
144.
R. L. 16,
§§160,161,
166.
1905, 465,
§5166.167,172.
1908. 604,
§§182,183,188.
Section 1.59. The commanding officer of each garrison, fort, post, 1
camp or other place, brigade, regiment, detached battalion, or other 2
detached command, may appoint special courts-martial for his command ; 3
and such special courts-martial may in any case be appointed by superior 4
authority at its discretion. Special courts-martial may try any person 5
subject to military law, except a commissioned officer, for any crime or 6
offence made punishable by the military laws of the United States, and 7
such special courts-martial shall have the same powers of punishment as 8
do general courts-martial, except that fines imposed by them shall not 9
exceed one hundred dollars. 10
1912, 519.
1917, .327, § 182.
G. L. (ed. of 1920) 33,
§171.
1924, 465.
Summary
courts, appoint-
ment, powers,
etc.
P. S. 14,
§§ 140-143,
146.
1887, 411,
§§ 138-141,
144.
1893, 367,
§§ 138-141,
144.
R. L. 16,
S§ 160-163,
166.
190.5, 465,
§§ 166-169,
172.
1908, 604,
§§182-185,188.
1912, 519.
Section 160. The commanding officer of each garrison, fort, post, 1
or other place, regiment, or corps, detached battalion, company, or 2
other detachment, of the land forces may appoint for such place or 3
command a summary court to consist of one officer, who may administer 4
oaths and try the enlisted men of such place or command for breaches 5
of discipline and violation of laws governing such organizations; and 6
said court, when satisfied of the guilt of the soldier brought before it, 7
may impose fines not exceeding twenty-five dollars for any single oft'ence, 8
may sentence noncommissioned officers to reduction to the ranks, and 9
may sentence to forfeiture of pay and allowances. The proceedings of 10
such courts shall be informal, and the minutes thereof shall be the same 11
as are prescribed for summary courts of the army of the United States. 12
1917,327, §183. G. L. (ed. of 1920) 33, § 172. 1924,465.
confinement in SECTION 161. All courts-iuartial of the land forces including the 1
p™s"\4"Ti4i summary courts, may sentence to confinement in lieu of fines authorized 2
1887 411, to be imposed, not exceeding one day for each dollar of fine authorized. 3
1893,367, §139. 1908, 604, § 183. G. L. (ed. of 1920) 33.
R. L. 16, § 161. 1912. 519. § 173.
1905, 465, § 167. 1917, 327, § 184. 1924. 465.
Section 162. No sentence of dismissal from the service or dis- 1
Governor to
approve
dismissafOT honorable discharge imposed by a court-martial shall be executed 2
dishonorable uiitil appro\ed by the governor. 3
^"^ "^''' 1917, 327, § 185. ' G. L. (ed. of 1920) 33, § 174. 1924,465.
Section 163. In the land forces, presidents of courts-martial and 1
Power to issue
warrants, /r» • i r»
compel attend- summary court officers may issue warrants to arrest accused persons 2
ne88e8,etc. aud to bring an accused person before the court for trial whenever he 3
Chap. 33.] land forces. 349
4 shall "have disobej'ed a written order from the convening authority, p. s. u.
5 delivered to the accused, with a copy of the charge or charges, and i887!'4n^*'
141. 142.
:). 3B7,
6 directing him to appear bef6re the court. The said officials may issue ilns
7 subpoenas and subpoenas duces tecum, and may enforce the attendance j^ i]"iij*^
8 of witnesses and the production of books and documents, and mav .li,'-"'*;.,'.^*-
9 sentence tor a refusal to be sworn or to answer, as m actions before civil 5§ i«9. i70.
10 courts.
1908, 604. 55 185. 186. G. L. (ed. of 1920) 33, 1924, 465.
1917.327,5186. §175.
1 Section 164. (a) All processes and sentences of said courts shall be Processes and
2 executed by an officer qualified to serve criminal process, and commit- ex'ocuted!'etc."
3 ment under said sentences may be made to any jail or house of correction ment,'d£-"
4 in the commonwealth. The master or keeper of the jail or house of p"s"^J; fl^^^
5 correction to which a person is sentenced shall receive and detain him 1^",*^^'
6 in the same manner as if he had been sentenced by a civil court sitting is93, 367,
7 in the county where such jail or house of correction is situated. The ii l. i6, §i63.
8 necessary charges shall be paid by the commonwealth on vouchers in §'ib9. '
9 duplicate to be submitted to the adjutant general. i908,604,§i85.
1917. 327, § 187 (n). 1923. 4.59. § 11.
G. L. (.ed. of 1920) 33, § 176 (a). 1924. 465.
10 (6) All fines assessed under sections seventy-nine to one hundred and |9jf'327'
11 seventy, inclusive, and collected or withheld shall be paid to the adju- ^'fj^^^ ^f
12 tant general, to be used to pay court-martial expenses, or for such other 1920) 33,'
13 purposes as he may determine, subject to such regulations as may be 1924, 465.
14 prescribed by the commander-in-chief. Upon receipt of a certificate
15 from the authority convening the court as to any fine assessed by it,
16 the pay officer concerned shall pay over any funds due to the person
17 convicted, not exceeding the amount of the fine, to the adjutant general
18 upon his sole receipt.
1 Section 165. The provisions for training and the general rules of ^rtideHf''w1fr,
2 conduct set forth in the articles of war and general regulations for the f^^' ^ ^°'f- '
3 government of the army of the United States, so far as applicable, and f national
4 with such modifications as the commander-in-chief may prescribe, shall p s 14. 5 us.
5 apply to the national guard, and the officers and men of the national fi'?!}.*'''
6 guard shall conform thereto.
1893,367.5146. 1908.604,5190. G. L. (ed. of 1920) 33, § 177.
R. L. 16, § 168. 1917,327, §188. 1924, 465.
1905,465, §174.
General Provisions.
1 Section 166. The commanding officers of a separate battalion, Band of
2 squadron of cavalry and of the first corps of cadets may each employ THsirm'. § i.
3 or raise by enlistment a band of musicians, not exceeding the number f88V23a§4'
4 prescribed by the commander-in-chief, to be under his command. Such lf«^' il\' { ^o.
_ .. |.| I Till !■ 11 loyo, .lb/, s JU.
5 musicians while on dutv shall be subiect to the laws and regulations for R l le. § 32.
„ ^, , p 1 M- • II ■ , . 1905. 465. 5 35.
0 the government or the militia, except that they may not be mustered in. i906. 504, § 4.
1908,604,5 31. 1917,327. §189. 1924.465.
1916, 284. 5 16. G. L. (ed. of 1920) 33, § 178.
1 Section 167. Chaplains in the land forces shall hold the same grades chaplains.
2 as chaplains in the regular army. Hso.^^^'
G. L. (ed. of 1920) 33. § 179. 1924, 465.
1 Section 168. To each officer or enlisted man who completes nine service medals.
2 years of honorable service, continuous or otherwise, there shall be issued i89o!'42°5,™ i";
350
NAVAL FORCES.
[Chap. 33.
1891, 232, § 3.
1893, 367,
§ 127.
1896, 348.
R. L. 16. § 7.5.
1905, 46.5, 5 80.
1906, 504, § 5,
1908, 315;
604, § 90.
1910, Res. 28.
1917, 327,
§191.
1920, 408.
G. L. (ed. of
1920) 33, § 180.
1924, 396, § 1;
465.
1 Op. A. G. 36.
Op. A. G.
(1919) 89.
a medal, and, for each additional five years of like service, a clasp to be 3
affixed thereto. Active, retired or honorably discharged officers and 4
enlisted men who have served in the military or naval service of the 5
United States in time of war and have been honorably discharged there- 6
from, shall receive an additional clasp indicative of such service, to be 7
affixed to the medal herein provided for. The adjutant general and two 8
commissioned officers above the rank of captain, from time to time 9
designated by the commander-in-chief, shall act as a medal of valor com- 10
mission, and may receive recommendations from the military authorities 11
through military channels that any officer or enlisted man of the volunteer 12
militia, by reason of conspicuous gallantry and intrepidity at the risk of 13
his life above and beyond the call of duty while on active service, is 14
entitled to receive a medal of valor. Such recommendations shall not be 15
considered unless supported by the affidavit of at least one responsible 16
eye-witness to the act to be so recognized. If satisfied that such medal 17
ought to be conferred as recommended, the commission may so advise 18
the commander-in-chief who may confer upon such officer or enlisted man, 19
in the name and on behalf of the commonwealth, a medal of valor. Not 20
more than one such medal shall be awarded to any one person, but for 21
each succeeding deed or act sufficient to justify such an award, the 22
commander-in-chief may bestow a suitable bar or other appropriate 23
insignia to be worn as he shall direct. The design of any such medal or 24
insignia shall be approved by the art commission for the commonwealth. 25
Oaths, by
whom ad-
ministered.
P. S. 14, § 161.
1887. 411,
5159.
1893, 367, 5 159.
R. L. 16, § 181.
1905,46.5, §189.
1908,604, §204.
1917,327, §192.
G. L. (ed. of
1920) 33, § 181.
1924, 465.
Section 169. General and field officers, officers regularly assigned to
the duty of paying troops, any judge advocate or acting judge advocate,
the president of a general or special court-martial, any summary court-
martial, the trial judge advocate or any assistant trial judge advocate of
a general or special court-martial, the president or the recorder of a court
of inquiry or of a military board, any officer designated to take a deposi-
tion, any officer detailed to conduct an investigation, and the adjutant
of any command shall ha\'e power to administer oaths for the purposes of
the administration of military justice and for other purposes of military
administration and the oaths required by this chapter and by the regula-
tions for the government of the militia.
1
2
3
4
5
6
7
8
9
10
11
Delegates to
annual con-
ventions of
national guard
association.
1910, 513.
1917, 327,
I 193.
G. L. (ed. of
1920) 33. § 182. accounts
1924. 465. dLLUUHLS.
Section 170. The governor may appoint from the Massachusetts
national guard association delegates, at his discretion, to represent the
militia of the commonwealth at the annual conventions of the national
guard association of the United States. The necessary expenses of the
delegates so appointed shall be paid out of the appropriation for military
1924, 465,
Naval forces,
how consti-
tuted.
1908, 604, § 18.
1917, 327,
§ 194 Co).
G. L. (ed. of
1920) 33,
§ 183 (a).
Naval militia,
department of.
1908, 604, 5 21,
1912, 365,
§§1.4.
NAVAL FORCES.
Section 171. (a) The naval forces shall consist of the department
of naval militia, the naval militia, the naval militia retired list, and the
naval militia reserve list, and any part of the unorganized militia serving
with the naval forces under sections eight, nine and eleven.
1924, 465.
(h) The department of naval militia shall consist of a naval militia 5
bureau, such other officers as the commander-in-chief may detail, and 6
necessary clerks and other assistants. The expense of such clerical and 7
Chap. 33.] naval forces. 351
8 other assistance shall not exceed the amount annuallv appropriated W7; ^?7-
9 thereior. lois. 12s.
G. L. (ed. of 1920) 33, § 1S3 (6). 1924, 465.
10 The chief of the naval militia bureau shall be the chief of the depart- Navai militia
1 1 ment. A member of the bureau shall be designated as assistant chief of
12 bureau and shall, in the absence of the chief of department, be acting
13 chief of department. The adjutant general shall be, ex officio, a member
14 of the naval militia bureau, and shall be, ex officio, acting chief of depart-
lo ment in the absence of the chief of bureau and the assistant chief of
1(5 bureau.
1 Section 172. The naval forces shall consist of such other units. Same subject.
2 officers and enlisted men, and shall be so organized, maintained, officered, §u''-3^'''''
3 recruited, armed, equipped, uniformed, trained and disciplined as the §u"-,l^^'
4 commander-in-chief may from time to time by order prescribe. Officers, g*^,^;'*,?^'
5 petty officers and other rated men shall be selected, appointed and re- }i|yj||-
6 moved as the commander-in-chief may from time to time by order i898! 407.'
7 prescribe.
R. L. 16, §§ 23, 30. 1911, 670. 1917, 327, § 195 (a).
1903, 377. 1912, 365, 5 1 ; 506, I 1. G. L. (ed. of 1920) 33,
1905, 465, § 31 . 1914, 718, § 1. § 184.
1908, 604, §§ 18, 22, 23. 1916, 284, § 3. 1924, 465.
1 Section 173. The commander-in-chief may make and issue regula- Commander-
2 tions for government and discipline of the naval forces, and may pre- makereguta-
3 scribe the punishments which can be inflicted by sentence of court- punishmenTs?*
4 martial. <=*"•
1924, 465.
1 Section 174. Such officer of the Massachusetts volunteer militia as Medical head.
2 the commander-in-chief may designate shall have general supervision and fssalb.
3 control of all matters pertaining to the medical department of the naval fssi, "'if ^iV.
4 forces, and shall, subject to the laws of the United States, prescribe the j^^j^' ig^'j^g^-
5 physical and mental disabilities exempting from military duty. He shall i-j"'' *^'^- | is.
6 purchase and issue all medical and hospital supplies and shall perform wic'. 284! § 15!
7 such other medical duties as the commander-in-chief may direct. § 197. " '
G. L. (ed. of 1920) 33, § 186. 1924, 465.
1 Section 175. Such officer of the Massachusetts volunteer militia as Acting judge
2 the commander-in-chief may designate as acting judge advocate general genSf
3 for the naval militia may be required to examine and report in writing Raw",*!' is.
4 upon all proceedings of courts-martial in the naval forces requiring the j|*^' jl^- | }|
5 action of the commander-in-chief; and, in matters referred to him by R l. i6,_§i9.
6 law or by the commander-in-chief, shall be the legal adviser of the iflos! 604! § 37!
7 department of naval militia of the commonwealth, and shall bring all 1917! 327!
8 necessary actions. ^ ^®^'
G. L. (ed. of 1920) 33, | 187. 1924, 465.
1 Section 176. (a) Such officers as the commander-in-chief may desig- clothing.
2 nate shall have the supervision and control of all clothing, equipment Tmroportation.
3 and other naval property, both state and federal, issued to, drawn, or appropriations.
4 purchased for the use of the naval militia. Such clothing, equipment ^"eTafm™
5 and other naval property shall be purchased, drawn and issued as the fsJj.'/iif 5*4.
6 commander-in-chief may direct.
1893, 367, § 14. 1910, 348, § 2. G. L. (ed. of 1920) 33,
R. L. 16, § 15. 1911. 747. { 1.88 (n).
1905, 465, 5 15. 1913, 733. 1924. 465.
1906,504,5 1. 1916, 2.84, §§4, 15. 1 Op. A. G. 166.
1908, 604, § 39. 1917, 327, § 199 (a).
352
NAVAL FORCES.
[Chap. 33.
1917. 327,
§ 199 C).
G. L. (ed. of
1920) 33,
§ 188 {b).
1921, 465.
1917, 327,
§ 199 (c).
G. L. (ed. of
1920) 33,
5 188 (c).
1924, 465.
(h) Such officers as the commander-in-chief may designate shall 7
procure and provide transportation for the naval forces and their equip- 8
ment and other property under such regulations as the commander-in- 9
chief may prescribe. 10
(c) The adjutant general, or such other officer as the commander-in- 11
chief may designate, shall have control of the appropriations for the 12
use anfl benefit of the naval forces, and may allow, annually, proper 13
accounts for the repair of uniforms and equipment. 14
Use of
armories or
grounds
regulated.
1917,327, §200.
C;. L. (ed. of
1920) 33. § 189.
1924, 465.
Section 177. The naval militia while occupying armories, or quarters 1
therein, or using grounds for parades, drill or small arms practice, as 2
provided in sections one to seventy-eight, inclusive, shall be subject to 3
the same rules and regulations in the use thereof, and the same adminis- 4
trative control, as is the national guard. The officer or official charged .5
by law with the care and maintenance of armories shall, at the public 6
expense, provide suitable places for the safe keeping of all clothing, 7
equipment and other naval property of the na\al militia. 8
Penalty for
unlawful
purchase, etc.,
of certain
property.
P. S. 14, § 15.
1887, 411. § 15.
1893, 367, § 15.
R. L. 16. § 16.
1905, 4B5, § 16.
1908,604, §110.
Section 178. Whoever purchases, retains or has in possession any 1
tool or equipment, or any weapon of ordnance, or article of clothing or 2
equipment issued by and the property of the I'nited States or the com- 3
monwealth, unless it has been issued to him or is in his possession in 4
accordance with law, shall be punished by a fine not exceeding ten times 5
the value thereof. 6
1917, 327, § 235.
G. L. (ed. of 1920) 33, § 224.
1924, 465.
Personal
property of
organizations,
and suits to
recover same.
P. S. 14. § 87.
1887, 411, § 86,
1893, 367. § 86,
R. L. 16. § 101,
1905, 465,
§ 106.
1908, 604,
§ 123.
1917,327,1237
Section 179. Naval militia organizations may own personal prop- 1
erty, to be under the control of the active members thereof; and the 2
commanding officer of any organization may recover in his own name 3
for its use, in any county where such organization or part thereof is 4
located, any debts or effects belonging to it, or damages for injury to 5 ,
such property. No suit or complaint pending in his own name shall be 6
abated by his ceasing to be commanding officer of the organization, but 7
his successor shall be permitted to prosecute the suit or complaint. 8
G. L. (ed. of 1920) 33, § 226. 1924, 465.
Duty may be
performed
afloat, etc.
Expenses for
use of United
States ships.
1888. 36fi. § 4.
1892, 366, § 5.
1916, 10. § 1.
Section 180. The duty of the naval militia may be performed afloat
on vessels of the na\'y or on vessels or boats loaned by the secretary of
the navy to the governor or other proper state authority, for the use of
the naval militia.
1893, 367, § 29.
1896, 182, § 1.
R. L. 16, § 30.
1905, 465, § 31.
1908, 604, § 22.
1911, 670.
1912, 506, § 1.
1914, 718, § 1 (a).
1916. 284, § 3 (M.
1917, 327, § 239 (6).
G. L. (ed. of 1920) 33, § 228 (6).
1924, 465.
The annual appropriation for the furnishing, repair and care of any
United States ships loaned to the commonwealth for the use of the
naval militia shall be available for the payment of all damages and
other expenses incident to the use of such ships. Claims for damages
shall be paid only when approved by the adjutant general, and the
release obtained shall be in such form as he may prescribe.
5
6
7
8
9
10
under «"i"ich Section 181. The commander-in-chief ma.v prescribe the terms and 1
compensation, coutlitioiis uudcr wliicli, aiid the types of duty for which, officers and 2
Chap. 33.] n.wal forces. 353
3 enlisted men shall he entitled to receive compensation, transportation, h'„w pf^cr'bed
4 subsistence or other allowances and emoluments. 1024. iHs.
1 Section 182. The commander-in-chief may prescribe the amounts Amounts pay-
2 to be allowed and paid for compensation, transportation, subsistence, prescribed.
3 allowances and other emoluments to officers and enlisted men of the
4 naval forces, and the amounts to be allowed and paid to brigades, bat-
5 talions, divisions and other units for administrative and incidental
6 expenses, for the care and repair of uniforms and equipment, and the
7 care of arms and quarters.
1 Section 183. Such officer as may be designated in orders of the Advances to
2 commander-in-chief to act as paymaster general for the naval militia maSfrTenerai,
3 may have advanced to him, by the commonwealth, under such rules and r°l. ^^ss.
4 regulations as the comptroller prescribes, one hundred per cent of the }^jj|' |^^;
5 pay and mileage for duty to be performed under section one hundred and i9}2. n.
6 eighty-one, and he shall return the unexpended balance so advanced as 37a '§1^2^. 3 ^^
7 soon as possible, or at such time as the comptroller may require. 1917! 327,' §253!
G. L. (ed. of 1920) 33, § 242. 1924, 465.
1 Section 184. Presidents of general courts-martial, senior members Courts-martiai,
2 of summary courts-martial and deck court officers of the naval forces warrants,'^^""
3 may issue warrants to arrest accused persons and to bring an accused Sance'ef
4 person before the court for trial, whenever he shall have disobeyed a p'^g.^iX^' ^''^'
5 written order from the convening authority, delivered to the accused with i^is7*^^i\**-
6 a copy of the charge or charges, and directing him to appear before the 55 lii. i42.
7 court. The said officers may issue subpoenas and subpoenas duces tecum, §§ i4i. 142.
8 and may enforce the attendance of witnesses and the production of books §§ us, im.
9 and documents, and may sentence for refusal to be sworn or to answer, y^ieg^^rro.
10 all as authorized for similar proceedings for courts-martial in the navy of §5°f85''°i^86
11 the United States.
1917, 327, § 260 (a). G. L. (ed. of 1920) 33, § 249 (a). 1924, 465.
1 Section 18.5. All fines assessed under any provisions of sections one Fines, pay-
2 hundred and seventy-one to one hundred and eighty-eight, inclusive, and tion,''etc°^°^''
3 collected or withheld shall be paid to the commanding officer of the naval J9I7; 32?;
4 militia of the Massachusetts volunteer militia, to be used by him to re- g^l^ (ed. of
5 place lost or damaged property, or for such other purposes of the naval }g24^|65^^^''
6 militia as he may determine, subject to such regulations as may be pre-
7 scribed by the commander-in-chief or by the secretary of the navy of
8 the United States. Upon receipt of a certificate from the authority con-
9 vening the court as to any fine assessed by it, the pay officer concerned
10 shall pay over any funds due to the person fined, not exceeding the amount
11 of the fine, to the commanding officer upon his sole receipt.
1 Section 186. The provisions of section one hundred and fifty-six Aiiowancesto
2 shall apply to each person appearing before courts of inquiry or courts- p! s^u, § lae.
3 martial.
1837,411, 5134. 1905, 465, § 162. G. L. (ed. of 1920) 33, § 253.
1893,367.5134. 1908, 604, § 178. 1924,465.
R. L. 16, § 156. 1917, 327, § 264.
354
NAVAL FORCES.
[Chap. 33.
Section 187. Officers of or above the rank of lieutenant-commander,
Administration
of oaths.
P- 8. 14, 1 161. pay officers, and any officer serving as judge advocate or as a member of a
§159. ' court or board, may administer the oaths required by this chapter and by
R. l! 16,' § 181. the regulations for the government of the militia.
1905, 465, § 1S9. 1917, .327, § 266. 1924, 465.
1908, 004, § 204. G. L. (ed. of 1920) 33, § 255.
fnd"mt££'of° Section 188. The provisions of section one hundred and sixty-eight 1
valor. shall apply to the naval forces. 2
1890, 425, § 12.
1891, 232, § 3.
1893, 367. S 127.
1896,348, §§1,2,
R. L. 16, § 75.
1905, 465, § 80.
1906, .504, § 5.
1908, 315; 604, § 90.
1910, Res. 28.
1917, 327, § 265.
G. L. (ed. of 1920) 33, § 254.
1924, 396, § 2; 465.
1 Op. A. G. 36.
Chap. 34.]
COUNTIES A^a COUNTY COMMISSIONERS.
355
TITLE VI.
COUNTIES AND COUNTY OFFICERS.
Chapter 34. Counties and County Commissioners.
Chapter 35. County Treasurers, State Supervision of County Accounts, and
County Finances.
Chapter 36. Registers of Deeds.
Chapter 37. Sheriffs.
Chapter 38. Medical Examiners.
CHAPTER 34.
COUNTIES AND COUNTY COMMISSIONERS.
Sect.
counties.
1. Boundaries and powers.
2. County maps.
3. Counties to pro-\-ide public buildings.
3A. Women eligible to county offices, etc.
COUNTY COMMISSIONERS.
4. County commissioners. Election and
qualification.
5. Salaries.
6. [Repealed.)
7. Compensation of associate commis-
sioners, etc.
8. Expenses of commissioners.
9. Regular meetings.
9A. Records.
9B. Docket.
9C. Files.
9D. Record of payments ordered.
Sect.
9E.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Extended record.
Record of proceedings.
Employees. Temporary clerk.
Proceedings if commissioners absent,
interested, etc.
Commissioners may administer oaths,
punish for contempt, etc.
General powers of commissioners.
Seal.
Return of qualification of officers.
Half holidays for county employees.
County contracts.
Recognizances and damages.
Proceedings at other times than
regular meetings, and returns
thereof.
Laws as to commissioners and clerks
applicable to certain other officers.
Official letters.
Penalty for violation of duty.
COUNTIES.
1 Section 1. The boundary of counties bordering on the sea shall be
2 the marine boundary of the commonwealth. Counties separated by
.3 waters within the jurisdiction of the commonwealth shall exercise a
4 concurrent jurisdiction over such waters. Each county shall be a body
5 politic and corporate for the purposes of suit, of buying and holding, for
6 county uses, personal estate and land lying therein, and of contracting and
7 doing other necessary acts relative to its property and affairs.
Boundaries
and powers.
Mass. Records,
1643. vol. 2,
p. 38; 1662,
vol. 4, part 2,
p. 52.
Plymouth
records. 1685.
1692-3, 27.
1695-6, 7.
1730-31. 8.
1760-61. 33.
1792, 72.
1803, 14.
1811, 61; 137; 141.
R. S. 14. §§ 1, 45.
1859, 289.
G. S. 1, § 1; 17, § 1.
P. S. 22. §§ 1, 11.
R. L. 20, §§ 1, 10.
16 Mass. 193.
121 .Mass. 380.
153 Mass. 141.
139 U. S. 240.
356
COUNTY COMMISSIONERS.
[Chap. 34.
County maps.
1846, 241,
§§2,3.
1853. 323.
HI, 2.
G. S. 17,
§§7,8.
P. S. 22,
§§9. 10.
R. L. 20,
§§ 2, 3.
Section 2. County commissioners shall cause changes in the bound-
aries of towns, in the courses of highways, railroads and canals, and other
topographical alterations to be correctly delineated on the county maps,
which shall remain in their possession.
The state secretary, as often as necessary, shall transmit the manu-
script county maps in his office to the respective county commissioners
who shall cause a competent engineer or surveyor under their direction
to transfcE thereto all changes, and shall, within two months after their
receipt, return them to the secretary, who shall forthwith cause the
changes to be copied on the plates of the state map.
9
10
Counties to
provide public
buildings.
C. L. 127, § 2.
1700-1, 2, § 10.
1784, 41, § 1.
1811,8, §6.
1834, 151, § 1.
R. S. 14,
§§9, 10.
Section 3. Each county shall provide suitable court houses, jails, 1
houses of correction, fireproof offices and other public buildings neces- 2
sary for its use, and suitable accommodations for district courts, except 3
that the county of Dukes need not provide a house of correction, and that 4
Boston shall provide necessary public buildings for Suffolk county. 5
G. S. 17, §§5, 6. 1891,70. _ R. L. 20, §J 5-7. 212 Mass. 127.
P. S. 22, §§5, 6.
1890,440, § 11.
1891, 70.
1893, 396, § 1.
1897, 245.
163 Mass. 34.
166 Mass. 303.
261 Mass. 294.
Women
eligible to
county offices,
etc.
Section 3A. Women shall be eligible to election or appointment to 1
all county offices, positions, appointments and employments. 2
1921, 449, § 4. 1922, 371, § 2.
County
commissioners.
Election and
Qualification.
1821, 109, § 8;
110.
1834, 83.
1835, 152,
§§2,4.
1838, 71, § 1.
R. S. 14,
§§ 16, 21,24,
25, 29, 30; 84,
§§8,9.
1850, 299,
§§ 1-3.
1851, 336,
§§ 1, 2.
1852, 53;
163.
1853, 295.
1854, 77,
§§ 3, 4, 6.
Salaries.
1827, 77, § 10.
R. S. 84, § 4.
1859, 163.
G. S. 17, § 29.
1860, 185.
1864, 280, § 1.
1867, 340.
1871, 236.
1872, 151.
1879, 295.
P. S. 22, §
1885, 277.
1886, 251.
1887, 211.
1888, 65.
I 14.
COUNTY COMMISSIONERS.
Section 4. Except in Nantucket and Suffolk counties, there shall 1
be elected in each county, as provided in section one hundred and fifty- 2
eight of chapter fifty-four, for terms of four years beginning the first 3
Wednesday of January following their election and until their successors 4
are qualified, three county commissioners and two associate commis- 5
sioners, who shall be sworn before entering upon their duties, and shall G
annually, at their first meeting after the first Wednesday of January, 7
choose by ballot a chairman. In Nantucket county the selectmen of S
Nantucket, in Suffolk county the mayor and city council of Boston and 9
the municipal council of Chelsea, in their respective cities, and in Revere 10
and Winthrop the commissioners for Middlesex county, shall, except as 11
otherwise provided, have the powers and perform the duties of county 12
commissioners. 13
G. S. 10, §§6, 7; 17, §§ 11, 1893, 417, §255. 1917, 255, § 1;
32-34; 43, § 80. 1898, 217, §§ 2, 3. 344, II, § 62.
1872, 87, §§ 1, 3. R. L. 11, §321; 1918, 114, § 2.
P. S. 10, §§6, 7: 22, 20, §§ 12, 13, 1919, 269. § 26.
5§ 13, 29, 30; 49, § 87. 33, 34; 48, § 91. 3 Gray, 126.
1885, 266, § 6. 1907, 560. §§ 349, 456. Op. A. G. (1917) 8.
1890, 423, § 193. 1913, 835, § § 391, 503.
Section 5. The salaries of county commissioners, payable by their 1
respective counties in full for all services performed by said commission- 2
ers except as otherwise provided, shall be as follows : — 3
Dukes County S400
Barnstable, Frankhn, Hampshire 1,500
Berkshire, Plymouth 2,100
Norfolk, Hampden, Bristol 3,000
Worcester, Essex 3,G00
Middlesex 4,200
1889, 30; 339. 1904, 451, § 1. 1927, 327, § 1.
1890, 133. 190,5, 179. 1930, 400, § 1.
1891, 79; 80. 1906,290. 117 Mass. 4.33.
1892, 298; 354. 1910, 537. 140 Mass. 59.
1893, 276; 288. 1913, 603; 651. 3 Op. A. G. 300.
R. L. 20, § 14. 1915, 272. Op. A. G. (1918) 70.
1902, 411: 544, S§ 4, 35. 1918, 261, § 1.
Chap. 34.] county commissioners. 357
1 Section 6. [Repealed, 1930, 400, § 2.]
1 Section 7. An associate commissioner shall be paid by the county CompeMation
2 not less than five dollars for each day of actual service, not exceeding five comSoners,
3 hundred d(jllars in any year, and ten cents a mile for travel each way. igo?, 77, § 10.
4 The commissioners of Middlesex county, when acting in relation to fggf f*j, ^ *•
5 Revere or Winthrop, shall be paid therefor by said city and town, or fg|)\y ^9.
6 either of them, in such proportions as the commissioners may direct, at Jsm. m § 1.
7 the rate of ten dollars a day and five cents a mile for travel for each com- mi. 236.
8 missioner in attendance.
1S79, 295.
1894, 250.
1900, 198.
19.30, 400, § 3.
P. S. 22, i 14.
1895, 112.
R. L. 20, §§ 14,34.
1 Op. A. G. 197.
1885, 277.
1898, 316.
1902, 544, § 4.
1 Section 8. An itemized statement of the actual and proper cost ^JJ^^f/jJjf^^g
2 to the commissioners for transportation and other necessary expenses isswrm"^"*^''
3 incurred in the performance of their official duties shall, on the first 1902.' 544, §4!
4 day of each month, be certified by them to the director of accounts, who \l\l,] l%]
5 shall audit and if correct certify it to the county treasurer who shall fop^A.'*G. 302.
G reimburse them.
1 Section 9. The commissioners shall hold meetings at the following R||^'*^^
2 times and places for their respective counties :
1818,120. G. S. 17. §31. 1869,208. R. L. 20, §5 16, 17.
1827] 77, § 3. 1867, 341. P. S. 22, §§ 15, 16. 1908, 431, §§ 1, 2.
R. S. 84, 5 6. 1868, 325, I 3.
3 At Barnstable, the second Tuesday of April and October. 1823, 145.
4 At Pittsfield, the first Tuesday of January, April, July and October. 1837, i46.
1840, 77. 1860, 3. 1883, 63.
5 At Taunton, the fourth Tuesday of INIarch and September.
6 At Edgartown, the Wednesday ne.xt after the third Monday of May 1820, 4i.
7 and the Wednesday next after the second Monday of November.
8 At Ipswich, the "second Tuesday of April; at Salem, the second Tues- 1820, 27^
9 day of July; at Newburyport, the second Tuesday of October; at 1851:227:
10 Lawrence, "the last Tuesday of August; and the fourth Tuesday of
11 December, at Ipswich, Salem or Newburyport, as they shall order at the
12 preceding meeting.
13 At Greenfield, the first Tuesday of March and September and the is28, 103.
14 second Tuesday of June and December.
15 At Springfield, the second Tuesday of April, the first Tuesday of J^^; ^^i^-
16 October and the fourth Tuesday of June and December.
17 At Northampton, the first Tuesday of March, September and Decem- 1828, 103.
18 ber and the Tuesday next after the second Monday of June.
19 At Cambridge, the first Tuesday of January and June; at Lowell, {857:36,
20 the first Tucsdav of September.
21 At Dedham, the third Tuesday of April, the fourth Tuesday of June i837, 200.
22 and September and the last Wednesday of December.
23 At Plymouth, the first Tuesday of January, the third Tuesday of i^^s, 103.
24 March and the first Tuesday of August.
25 At Worcester, the fourth Tuesday of March, the third Tuesday 1828, 103.
26 of June, the second Tuesday of September and the fourth Tuesday of
27 December.
28 They may by vote, specifying the time and place, establish other J,8f-|08- ^^
29 regular meetings within their county, and may also hold special meet- R-^l."2o. 5 17.
30 ings therein at such times and places as may he necessary. They may §§i;2.
31 adjourn any regular or special meeting to any place within the county.
358
COUNTY COMMISSIONERS.
[Chap. 34.
and persons required to appear at, or processes returnable to, any such 32
meeting, shall appear at or be returnable to the adjourned meeting. 33
Records.
1922, 123.
Section 9A. The records of the commissioners shall consist of a 1
docket, the files, a record of pa.\Tnents ordered, the extended record, 2
and a complete record of proceedings at all meetings as provided in 3
section ten. 4
i9?''"'i23 Section 9B. The docket is hereby defined as a record wherein their 1
i93i!426,§i50. clerk shall register, by its title or by an abstract, and numbered con- 2
secutively, every action, suit and proceeding commenced before or trans- 3
f erred or appealed to the commissioners, and also contracts filed as 4
required by section seventeen. He shall note therein, according to the 5
date thereof, the filing or return of any paper or process, the making of 6
any decree, adjudication, order, rule or other direction, or any amend- 7
ment thereof, in or concerning such matter. 8
FUea.
1922, 123.
Section 9C. The files are hereby defined as all papers and processes 1
filed with or by the clerk in any action, suit, proceeding or contract, 2
before, by or with the commissioners. All such papers, processes and 3
contracts shall be numbered consecutively in each case, as entered. 4
Record of
payments
ordered.
1922, 123.
Extended
record.
1922, 123.
Record of
proceedings.
1896, 384. § 1.
R. L. 20, § 18.
1919, 350,
5§ 52, 54.
205 Mass. 189.
Employees.
Temporary
clerk.
1890, 198.
1896, 384, 5 2.
R. L. 20, § 19.
1908, 431, § 3.
1922, 423, 5 3.
1930. 299.
Section 9D. The record of pa\Tnents ordered shall be in such form
as the commissioners, with the approval of the director of accounts, may
determine. It shall contain the name of each person to whom pay-
ment is ordered made, together with its amount, both of which shall be
classified under a heading specifying the appropriation from which such
payment is to be made.
Section 9E. The extended record shall be in abridged form. It shall
comprise an abbreviated chronicle of all matters entered upon the
docket, under the same or a similar title or an abstract thereof, and
under the same number, and shall contain a brief and concise narrative
of the essential features of the matter. Any final judgment, decree or
order affecting the title to land shall be copied therein at length. But
contracts and amendments thereof shall not be copied unless so ordered
by the commissioners.
Section 10. They shall keep a full and complete record of the
proceedings at all their meetings and, if their vote or decision is not
unanimous, the record shall show how each commissioner voted. A
copy thereof, attested by their clerk, shall be transmitted annually, on
or before the fifteenth day of January, to the director of accounts, who
shall submit it to the general court.
Section 11. They may employ such clerical employees as may be
necessary for the proper performance of the work of their offices, who
shall perform such duties as the commissioners may determine. They
may, in the absence from any meeting of the clerk or any deputy assist-
ant clerk designated under section seven of chapter two hundred and
twenty-one, appoint a temporary clerk, who may be a commissioner or
other suitable person. He shall be sworn by the chairman or presiding
commissioner, keep a record of the proceedings, and deli\er the same
1
2
3
4.
5
6
1
2
3
4
5
6
7
8
1
2
3
4
5
6
1
2
•"»
.3
4
5
6
7
S
Chap. 34.] county commissioners. 359
9 forthwith to the clerk or deputy assistant cleric, who shall enter it upon
10 the records of the commissioners.
1 Section 12. In case of a vacancy, inability to attend, or interest Pf^f^edrngs if
2 in a question before the commissioners, or it any part oi a highway absent,
„,. i.,i- !• *i',i,'i • interested, etc.
3 relative to which they are to act lies within the town where a coinmis- isss, 152, §5.
4 sioner resides, the members qualified to act shall give notice to one or 1837, 1.51.
5 both the associate commissioners, as the case may be, who shall then p |.22,'|i7.'
6 act as commissioners. They may, however, receive a petition, issue an \^- f^|
7 order of notice thereon, or take a recognizance, w-henever two members R. i- 2a
8 are competent to act. If they cannot otherwise organize, residence 11 Pi^k. 322.
9 shall not disqualify.
7 Gush. 394. 103 Ma.ss. 120. 116 Mass. 73.
13 Gray, 12. 105 Mass. 219, 225. 122 Mass. 258.
1 Section 13. When in session, the commissioners may administer Commissioners
2 oaths to witnesses and punish disorderly conduct which interrupts their oaths, punish
3 meeting or is an open and direct contempt of their authority or persons ^"^ """^^'p''
4 by a fine of not more than five dollars or by confinement in the custody fssf, ss. ^^'
5 of the sheriff, a deputy sheriff or constable for not more than twelve p | ^l' | /^
6 hours. ' R.i:.2o, §22.
1 Section 14. In addition to such powers and duties as may other- General
2 wise be conferred or imposed by law, the commissioners may provide commLsioners.
3 for erecting and repairing court houses, jails and other necessary public ^7^4, 41, 5 1,
4 buildings within and for the use of their county, but no money shall \l^^f ^l ^ 3
5 be paid or liability incurred therefor in excess of the amount specifically i83|. 77.
6 authorized by the general court, except for emergency repairs, and no §§8,31.'
7 bills for con.struction or enlargement of a jail, house of correction or §§4.16.'
8 reformatory shall be incurred or paid until the plans therefor have been p*a'2"'
9 approved by the commissioner of correction, except as otherwise pro- flgt'^^nV, 51;
10 vided. They shall have authority to represent their county, and to have ^\ ^o.
1 1 the care of its property and the management of its business and affairs |§ ■*■ 1*^^^-
12 in cases where not otherwise expressly provided; to sell and convey any §§82-84.'
13 real estate of the county by deed, sealed with the county seal, signed 205 mlZ'. usg^
14 and acknowledged by them ; to adopt a county seal, which shall be in ?'op'^a!g. ^"9.
15 the custody of their clerk and aiExed to all processes requiring it.
1 Section 15. They shall, upon administering the oaths of office to Return of
2 officers required by law to qualify before them, forthwith make return of^offiPCTs.""
3 thereof to the state secretary. ^^t. lof § 25.
1 Section 16. They may allow one half holiday in each week without Half holidays
2 loss of pay to county employees, including therein laborers, mechanics employees.
3 and all other classes of workmen, during such portions of the year as r. l'. 20, §
4 they may determine.
26.
1 Section 17. All contracts exceeding eight hundred dollars in amount ^°jjj.°*^jg
2 made by the commissioners for building, altering, furnishing or repairing 1854. 206.
3 public buildings, or for the construction or repair of public works, or for p. ,s. 22.' §22.'
4 the purchase of supplies, shall be in writing and shall be filed with said \llo'. 119!
5 commissioners or their clerk, and a copy of each such contract shall be fgjg; 257,^ ^^'
6 filed in the office of the county treasurer. All changes in or additions to, Igfg-^
7 or agreements for extras under, such contracts shall also be in writing 1920, 2^^
360
COUNTY COMMISSIONERS.
[Chap. .34.
141 Mass. 74.
170 Mass. 528.
205 Mass. 189.
3 Op. A. G. 9.
and be so filed. All such contracts shall be made after notice inviting bids 8
therefor has been posted for at least one week in a conspicuous place in 9
each county building where the commissioners have an office and has been 10
advertised at least three times in a newspaper, if any, published in the 11
city or town wherein the public building, bridge, highway or public work 12
or institution to be supplied in accordance with the contract is or is to be 1.3
situated ; otherwise in any newspaper of general circulation in the county. 14
The commissioners shall in each case make and file with the county 15
treasurer a sworn certificate of such posting and advertising, but in an 16
emergency, to the existence of which they shall certify upon the orders to 17
the county treasurer for the payment of bills, they may contract for 18
repairs without such posting or advertising. All bids shall be publicly 19
opened in the presence of the commissioners and recorded in their records. 20
No contract made in violation of this section shall be valid against the 21
comity, and no payment thereunder shall be made. The commissioners 22
may, however, repair county buildings or other public works by day 23
work, if in their judgment, expressed in a vote, the best interests of the 24
county so require ; but no bill therefor in excess of eight hundred dollars 25
shall be paid by the county treasurer unless, upon or with the bill, the 26
clerk of the commissioners has certified that such vote is entered upon 27
their records. 28
Recognizances
and damages.
1836, 278,
§§1.2.
1847, 259, § 2.
1859, 163, § 4.
G. S. 17,
§§ 24, 25, 30.
P. S. 22,
§§ 23-25.
R. L. 20,
§§ 29, 30.
1917, 344, II,
§§ 29, 31.
139 Mass. 210.
Proceedings at
other times
than regular
meetings,
and returns
thereof.
1839, 76,
§§2,3.
1846, 271.
1847. 259, § 1.
G. S. 17,
§§ 26, 27.
P. S. 22,
§§ 26, 27.
1885, 91.
1900. 198.
R. L. 20,
§§ 31, 32.
114 Mass. 514.
Laws as to
commissioners
and clerics
applicable to
certain other
officers.
Section 18. The commissioners shall require all applicants for the 1
award of damages or the performance of any other official act in which 2
the county has no interest to recognize to the county, with sureties to 3
their satisfaction, for the payment of all costs and expenses accruing to 4
the county by reason of their application and the proceedings thereon, 5
which shall be added to the damages, if any, assessed in consequence 6
thereof. If an application is dismissed and costs are chargeable to the 7
petitioner, they shall be taxed for each commissioner at the rate of three 8
dollars a day, and fi\e cents a mile for travel to and from the place of 9
meeting, and paid to the county. If the persons recognizing refuse or 10
neglect, when required by the commissioners, to pay such costs and 11
expenses, the commissioners may, after notice to the persons who so 12
recognized, issue a warrant against them or some of them, unless suffi- 13
cient cause is shown to the contrary, for the amount ordered to be paid 14
by them, with the further costs of the notice and warrant, and the 15
money shall be collected and paid into the county treasury. 16
Section 19. The commissioners severally, except associate com- 1
missioners, may, at other times than at regular meetings, receive petitions 2
relative to railroads or to matters where the county has no interest and 3
may take recognizances thereon, and, upon such petitions and similar 4
petitions entered at a regular meeting the commissioners or the chair- 5
man may, at other times than at regular meetings, appoint hearings and 6
direct notices to be given to persons interested. They shall severally 7
make return of such petitions and recognizances, with their proceedings, 8
at any regular or special meeting held therefor; and the clerk shall record 9
the same. The costs of any such special meeting shall be paid by such 10
parties as the commissioners determine. 11
Section 20. The laws relative to the powers, duties and liabilities 1
of county commissioners and tiieir clerks shall apply, except as other- 2
wise provided, to all other public officers exercising their powers. 3
R. S. 14. § 37. G. S. 17, § 35. P. S. 22, § 31. R. L. 20, § 35.
Chaps. 34, 35.] 361
1 Section 21. The provisions of section thirty of chapter thirty rela- official
2 tive to the dimensions of official letters shall apply to letters from county 19137702.
3 officials.
1 Section 22. For wilful breach or neglect of a duty imposed by law, Penaityjor
2 a county commissioner or clerk of the county commissioners shall for- of duty
3 feit notless than fifty nor more than one thousand dollars, recoverable g. s.'i7, §19.
4 to the use of the county, at the suit of the attorney general.
p. S. 23, §23. 1897, 130, §§ 1-3. R. L. 20, § 36.
CHAPTER 35
COUNTY TREASURERS, STATE SUPERVISION OF COUNTY ACCOUNTS
AND COUNTY FINANCES.
Sect.
county treasurers.
1. County treasurers.
2. Temporary treasurer.
3. Oath, bond.
4. Salaries.
5. [Repealed.]
6. [Repealed.]
7. Office and clerical assistance.
8. Traveling expenses.
9. Penalties for violation of official duty.
10. To collect and disburse county funds.
11. Not to pay out certain money with-
out order from commissioners.
12. Delivery to treasurer of bills for ex-
penses of sittings of courts.
13. Bills, vouchers, etc., to be filed and
kept.
14. Treasurer personally liable for certain
payments.
15. Treasurer's accounts.
16. Financial year of counties.
17. [Repealed.]
18. Certain sections not applicable to
Suffolk and Nantucket counties.
19. County salaries.
20. Treasurer may sue on county bonds,
etc.
21. Treasurer to notify district attorney
of public officers dehnquent as to
money payments.
22. Surplus cash to be deposited in banks.
Interest.
23. Disposition of money paid into court.
Interest.
23A. Disposition of certain unclaimed
funds.
24. Interest upon overdue accounts.
25. Annual report of treasurer.
26. Annual report of county commis-
sioners.
27. Publication and distribution of annual
reports.
27A. Treasurers to act as treasurers and
custodians of certain funds.
Sect.
county finances.
28. Estimates of county expenses.
29. Expenditures authorized by general
court.
30. Amount of county tax regulated.
31. Apportionment, assessment and col-
lection of county taxes.
32. Expenditures in excess of appropria-
tions forbidden. Exceptions.
33. Proceedings when appropriation is
insufficient.
34. Payments from unappropriated bal-
ances.
35. Enforcement of duties of commis-
sioners and treasurers.
36. Annual account.
36A. Emergency loans to meet extraor-
dinary expenditures.
37. Temporary loans regulated.
37A. County bonds and notes regulated.
Use of proceeds, etc.
38. Proposals for purchase of bonds, etc.,
for county loans to be advertised.
Exceptions.
39. Interest rate on county securities.
40. Returns of fines, etc.
41. Sworn certificates of certain officers to
accompany payments to treasurers.
42. Auditor of Boston to be auditor of
Suffolk county.
43. Registration of bonds, etc., held by
sinking fund commissioners. Pen-
alty.
43A. Certain county officers, etc., to fur-
nish surety company bonds. Pay-
ment of premiums.
SUPERVISION OF COUNTY ACCOUNTS.
44. Examination by director of accounts
of accounts of county officers.
45. Visitations. Accounts. Returns to
director of accounts.
362
COUNTY TREASURERS.
[Chap. 35.
Sect.
46. Annual report of commissioner of
corporations, etc., to include cer-
tain material.
47. Penalties on county, etc., officers.
COnNTY PERSONNEL BOARD AND CLASSIFI-
CATION OF COUNTY SALARIES, OFFICES
AND POSITIONS.
48. County personnel board.
49. Certain offices, etc., to be classified by
board. ' ' Salary ' ' defined.
50. Director of accounts. Duties, etc.
51. Duties of board.
Sect.
52.
53.
54.
55.
56.
Classification and allocation of ofiBces,
etc.
Powers and duties of county commis-
sioners.
Newly elected, etc., officers, etc., to
receive minimum rate. Exceptions.
Recommendations for promotions,
transfers, etc.
Salaries to be full compensation.
Overtime payments.
Special provisions for Suffolk county.
Agencies for classification, etc., in
other counties.
County
treasurers.
C-L. l.W. §2.
1785, 76, § 1.
1809, 91.
1831. 109, § 12.
1823. 91.
R. .S^ 14,
§5 43, 47-49.
1855, 92, § 1.
G. S. 10. § 9;
17, §§ 44-46.
P. S. 10. §§ 1,9
23. §§ 3-5.
1890. 423,
§§ 188, 196.
COUNTY TREASURERS.
Section 1. In Suffolk county the treasurer of Boston, and in Nan-
tucket county the treasurer of the town of Nantucket, shall be the county
treasurer. In all other counties, a treasurer, who shall be a resident of
the county, shall be elected as provided in section one hundred and sixty
of chapter fifty-four, for the term of six years beginning with the first
Wednesday of January following his election and until his successor
is qualified. No incumbent of the office of attorney general, district
attorney, justice of the superior court, clerk of the courts or sheriff shall
be county treasurer.
1917, 255. § 1.
1918, 114.
1919, 269. §§ 24, 26.
2 Gray, 370.
1893, 417, 5§ 2.57, 258,
1898, 548, §§320,322. 323.
R. L. 11, §§323, 325;
21, §§ 5, 6.
1907, 560, §§326, 351,
353. 456.
1913. 835, §§ 389, 391,
392, 503.
Temporary
treasurer.
1913, 835,
§340.
Section 2, If a county treasurer is unable to act, the county commis-
sioners may appoint a temporary treasurer, who shall hold office until the
treasurer is able to resume his duties, and shall give bond as provided in
the following section.
Oath, bond.
C. L. 150, § 2.
1692-3, 27, § 1,
1785, 76, 5 1.
1811, 49.
1814, 159.
1820, 63.
R. S. 14, § 45.
G. S. 17, § 36.
P S. 23, § 1.
1890, 308.
1897, 128, § 1.
1898, 317.
R. L. 21, 5 1.
1904, 451, § 4.
1924, 404, 5 2.
259 Mass. 310.
Section 3. County treasurers, except in Suffolk and Nantucket 1
counties, shall be sworn before the county commissioners, who shall make 2
a record thereof. Each treasurer shall give bond to the county for the 3
faithful performance of his official duties, in a form approved by the 4
attorney general, with such sureties and in such sum as the commis- 5
sioners shall approve. An attested copy thereof and a certificate of the 6
commissioners that the original is in their possession shall be filed with the 7
state secretary within one week after its approval. Suit thereon may be 8
brought in the name and for the benefit of the county by the commission- 9
ers or by the attorney general. 10
Salaries.
C. L. 151, § 4.
1785, 76, § 2.
1791, 53, 5 5.
Section 4. The salaries of county treasurers shall be payable by
their respective counties.
1794, 48, 5 2.
R. S. 14, §51;
141, § 10.
1859,253, §§1, 2,4.
G. S. 17, § 37.
1867, 278.
1872, 80; 247.
1873, 90.
1879, 246.
1881, 158.
P. S. 23, § 2.
1884, 112.
1886. 132; 133.
1887, 57; 159.
1889, 16; 58;
260.
1890, 143.
1892, 295.
1898, 294;
322; 323; 330.
R. L. 21, § 2.
1904, 451, i 1.
1905, 179.
Section 5. [Repealed, 1931, 301, § 5,]
Section 6. [Repealed, 1931, 301, § 5.]
1906, 290.
1910, 537.
1913. 423.
1918, 263, §§ 1,2,4.
1919, 241, §§ 1, 2.
1930, 400, §§ 5, 7-9,
1931, 301, § 4,
1
2
Ch.\P. 35.] COUNTY TREASURERS. 363
1 Section 7. The treasurer shall be provided by the county with an office and
2 office in the court house or other county building, and shall be allowed 8i?tence^°'
3 such clerical assistance as shall be approved by the county commis- a^l.'nf'sy.'
4 sioners with compensation payable by the county.
1867, 278, § 1. 1901, ,188. 1912, 174: 298, 5 1;
P. S. 23, § 2. R. L, 21. §§ 2, 3. 333.
1889, 8.'j; 310. 1905, 163; 322; 1913. 419, 5 1.
1892, 144. 332, § 1. 1916, 182.
1893, 156. 1906, 398. 1917, 99; 173.
1895, 113; 133. 1907, 231. 1918, 162.
1896, 147. 1908, 349; 3.52. 1919, 177.
1897, 257. 1909, 283. 1930, 400, §§ 5, 7-9.
1899, 153. 1911; 122; 270. 1931, 301, § 6.
1 Section 8. The county treasurer shall be paid his actual and proper Traveling
2 traveling expenses incurred in the transaction of county business. An isg^Tfe.
3 itemized statement thereof shall, on the first day of each month, be {915; fi.' ' *'
4 certified to the commissioners, by whom it shall be audited and approved.
1 Section 9. For wilful violation of a duty imposed by law, a county Penalties for
violaf' — "'
officii
1897,
n 1,
2 treasurer shall forfeit not less than fifty nor more than one thousand Tffic'iarduty.
3 dollars, recoverable at the suit of the attorney general to the use of the '^^'^' '^°'
4 county.
R. L. 21, } 7.
1 Section 10. The treasurer shall collect, receive and safely keep all disbursr'""'^
2 money belonging to the county, and disburse it according to law. He f?"L'L5i'°6 2
3 shall not make paATuents to the county commissioners or associate com- ism, 280! § 2.
4 missioners to be disbursed by them in behalf of the county. He shall p. s.'23, '
5 pay all claims against his county within ten days after their allowance, r. l 21.
6 He may pay any claim by a bank check which, when paid and returned, 3 op. aI g.
7 shall be a sufficient receipt therefor. *^^-
1 Section 11. No payments, except payments of expenses in criminal ^"'ee"-"^''
2 prosecutions, of expenses of the courts, of the compensation or salaries tain money
'„ ^ iviiii e !• II 1 ""hout order
3 01 county oincers estabushed by law, or outstanding notes or bonds and from commis-
4 of interest thereon, shall be made by a treasurer except upon orders drawn uss, 76, 5 2.
5 and signed by a majority of the county commissioners, certified by their g: s^ 17! § 39'.
6 clerk and accompanied, except in Suffolk county, by the original bills, §§®2,'l.*°'
7 vouchers or evidences of county indebtedness for which payment is or- IFf's®^'
8 dered, stating in detail the items and confirming the account. Said clerk p- s 23,
9 shall not certifv such orders until he has recorded them in the records of i89o', 206,'
10 the commissioners.
1897, 128, § 4. R. L. 21, § 9. 205 Mass. 189.
1 Section 12. Original bills or vouchers for services and expenses Delivery to
2 incident to the sittings of the supreme judicial or superior court under biiit^orex-
3 section eight of chapter two hundred and thirteen shall be delivered to tinKTof'coiSts.
4 the county treasurer, or in Suffolk county, to the auditor of Boston, with ^^^^- 2°*''5*io
5 orders for their payment.
1 Section 13. Bills, vouchers and other evidences of county indebted- ft'"°'tob'e°''^'°'
2 ness shall be carefully filed and safely kept by the treasurer, so as to be filed and kept.
3 accessible for future reference.
1864, 280, 55 2, 4. P. S. 23, 5 9. 1890, 206, § 2: R. L. 21. § 11.
1 Section 14. The treasurer may, before pavment of an account Treasurer
,-. J, . , , ^ fY^^ *■ . .. .p personally
z rendered against the county by a county oincer, in writing require oi liable for
3 him a written statement of the specific provision of law authorizing it, mlnu. ''°^'
364
COUNTY TREASURERS.
[Chap. 35.
1880, 198, § 2.
P. S. 23. § 10.
1897, 128, § 2.
R. L. 21. § 12.
which shall be filed with the vouchers. The treasurer shall be personally
liable for money paid out by him, except when specifically required by
law, unless there is an unexpended balance of an appropriation made
therefor sufficient for such payment, except as provided in section thirty-
four, and for any money paid by him without the voucher and certifi-
cate required by law. County officers may continue the several de-
partments under their charge after the close of the financial year, at the
rate of ex-penditure authorized for the previous year, until an appropria-
tion has been made by the general court. .
4
5
6
7
8
9
10
11
12
Treasurer's
accounts.
C. L. 150, § 2.
1864, 280, § 3.
P. S, 23, § 11.
1897. 153, § 1.
R. L. 21, § 13.
Section 15. The treasurer shall keep a full and accurate account
stating when, from or to whom, and on what account money has been
received or paid. Except in Suffolk county, his books shall be kept in
the form prescribed by the director of accounts.
1919. 350, §§ 52, 54.
Financial year
of counties.
1897. 153, § 2.
R. L. 21, § 14.
Section 16. The financial year of each county shall be the calendar 1
year, but the treasurer shall, until January tenth, enter in his books the 2
items for the payment of bills incurred and salaries earned during the 3
previous year. Immediately after January first, he shall pay to every 4
officer in his county any salary balance remaining due. 5
Section 17. [Repealed, 1931, 426, § 4.]
Certain
sections not
applicable to
Suffolk and
Nantucket
counties.
R. S. 14, § 36.
1853, 310, § 1.
G. S. 17, § 20.
Section 18. Sections ten, fourteen, twenty-five to twenty-nine, in-
clusive, and forty-four shall not apply to Suffolk county, nor shall sec-
tions fifteen, sixteen, twenty-five to thirty, inclusive, and thirty-two to
thirty-four, inclusive, aft'ect the special laws relative to Suffolk or
Nantucket county.
1864, 280, § 2.
1880, 198, § 5.
P. S. 23. §§ 14, 27.
1887, 438, § 3.
1890, 141.
1897, 153,
§§ 2-6, 13.
1898, 317.
R. L. 21. §§ 8, 14, 18,
24-28, 37, 47.
1911, 447.
1931, 426, § 5.
County
salaries.
1881, 158.
P. S. 23, § 15.
1890, 209,
§§ 1,3.
R. L. 21,
§§ 16, 19.
Treasurer may
sue on county
bonds, etc.
1797, 14.
R. S. 14, § 54.
G. S. 17, § 42.
P. S. 23, § 16.
Treasurer to
notify district
attorney of
public officers
delinquent as
to money
payments.
Section 19. County salaries shall, except as otherwise provided,
be payable in monthly instalments on the first day of the month; but
no such instalment shall be paid to clerks of courts until all fees then
payable by them to the county have been paid to the county treasurer
or other officer entitled thereto. County treasurers shall pay no fees to
clerks of courts for any official service.
Section 20. A county treasurer may prosecute suits upon bonds,
notes and other securities given to or held by the county or its treasurer.
He may also prosecute for injuries to the land, buildings or other prop-
erty oi his county, subject to section thirty-six of chapter forty-one.
R. L. 21, §20. 1918,257, §139. 1919,5. 1920.2.
Section 21. If a public officer, required by law to account with
and pay money to a county treasurer, fails so to do for ten days after the
time prescribed by law therefor, the treasurer shall notify the district
attorney, who shall forthwith proceed to recover the sum due.
1859, 221, § 4. G. S. 17, § 43. P. S. 23, § 17. R. L. 21, § 21.
1
2
3
4
5
6
1
2
3
4
Surplus cash SECTION 22. Exccpt as otherwise provided, county treasurers, clerks 1
to be deposited i^ij>^ii'^i.i '-- . r . , .rv i .,. r • M ] o
mbanks. of the courts, clerks of district courts, sheriffs and masters ot jails and Z
i876!°i43, § 1. houses of correction, probation officers, registers of probate and insolvency 3
P. S. 23, § 18. '^
Chap. 35.] county treasurers.
365
4 and registers of deeds, having more money in their hands than is required \l^'^ fis-
5 for immediate use, shall deposit it, in their official names, in national J*;,/,- 1^,; ^ 22-
6 banks or trust companies in the commonwealth at the best practicable wvs. 121.^ ^
7 interest rates, which interest shall be paid to the county, except that 241 Mas'a. 262.
8 interest accruing to deposits by registers of probate shall be paid to the
9 commomvealth ; provided, that interest accruing on the deposit as afore-
10 said of any money paid to any official mentioned in this section which is
11 so paid under order of a court or which is otherwise subject to the direc-
12 tion of a court shall, if the court so directs, be paid to the parties entitled
13 to the principal fund of such deposit.
1 Section 23. Money paid into the courts in any county shall, if SLTy'paS"'
2 possible, be placed at interest by the clerks thereof, and the interest shall i"„',° ™^*-
3 be available for the uses of the county, unless the court directs it to be jsjo. 370.
4 paid to the parties to the litigation in connection with which such money igie! 38, § 1.
5 was paid into court. All interest in the custody of any clerk of said courts 1931:4213, § isi.
6 not directed to be paid as aforesaid, remaining after payment by order of ^*^ ^^^- ^®^-
7 the court of the principal fund to parties litigant entitled thereto, shall
8 annually be paid, if the court is in Suffolk county, to the collector of the
9 city of i3oston or, if the court is in any other county, to the county treas-
10 urer of said county, between January first and tenth, to be used for general
1 1 county purposes.
1 Section 23A. County officers holding funds unclaimed after two Disposition
2 years from the time of receipt thereof and not otherwise subject to statu- unclaimed
3 tory disposition shall pay over such funds to their county treasury for 1929^42.
4 the use of the county; provided, that any person or persons establishing
5 a lawful claim thereto before the county commissioners within six years
6 of such pajment over may receive satisfaction thereof from any available
7 funds in the county treasury.
1 Section 24. If a time is fixed for payment of money due a county, interest upon
2 the debtor shall, if notified by the county treasurer seven days at least accounts.
3 before such time, pay interest thereon at the rate of twelve per cent per p. s.'os, § i9.'
4 annum from such fixed time until payment. ' '
1 Section 25. Immediately after January tenth, the county treasurer Annual report
, „ ,, PI • J 1 I'j. of treasurer.
2 shall annually prepare a report 01 the county receipts and expenditures isii. 74, §2.
3 for the preceding year, stated separately under the heads prescribed by r's.'23* §28.'
4 the director of accounts for keeping the treasurer's books. Such state- }||j^; }^J; | J;
5 ment shall contain in detail the name of every person, except witnesses, by Rg^L. 2l § 24.
6 or to whom money has been paid, the amounts so paid or received under §§ 52, 54.
7 appropriate classifications and the objects of payment ; also a table setting
8 forth the appropriation made by the general court for each specific object,
9 the amount expended therefrom, the unexpended balance thereof, and
10 any excess of payments over said appropriation.
1 Section 26. Immediately after January tenth, the county commis- Annual report
2 sioners shall annually prepare a report on county affairs, showing their commissioners.
3 acts during the year preceding, so as to give the taxpayers of the county g.""!.' ?7°§ 20.'
4 a full and clear understanding of its affairs and of the objects and methods f8|j,f4'i^ fg.
5 of county expenditures. They shall state specifically what petitions iss^, is^.^y.
6 relating to highways have been received, and what highways have been im 356,
7 laid out, altered, relocated or discontinued, the manner of their alteration i923, 334, § 1.
366 COUNTY FINANCES. [ChaP. 35.
or new construction, the time of their intended completion, what have 8
been completed, at what cost and at whose expense, and what remain 9
to be completed, what damages or betterments have been awarded or 10
estimated and to or against whom, what damages have been paid or 11
betterments collected, and what suits are pending in relation thereto. 12
They shall also state what highways have been laid out under orders 13
stating that betterments are to be assessed, their action relative to public 14
and private ways, what applications relative to state highways they have 15
made to the department of public works, and, so far as ascertainable, 16
what highways have been laid out within the county by said department, 17
what have been constructed and at what expense, what sums expended 18
by the commonwealth in the county for highways have been repaid by 19
said county, what sums remain to be paid, and when. They shall also 20
make a detailed statement of the repairs upon the several county build- 21
ings, stating separately the work done by contract and by day, and the 22
money paid, and the liabilities incurred in the construction of new build- 23
ings, and shall also state what reservoirs, reservoir dams and mill dams 24
have been examined by them under section forty-five of chapter two 25
hundred and fifty-three. They shall present a table showing the salaries 26
paid to county officers, stating separately those prescribed by law, a state- 27
ment of the county debt, giving the date when each obligation will 28
mature and the rate of interest, stating separately the loans made in 29
anticipation of taxes and permanent loans, a statement of the amount of 30
county taxes due and unpaid, and a list of the assets of the county, in- 31
eluding land, buildings, law library, furniture in court houses, jails and 32
other public buildings. 33
Publication and SECTION 27. The couuty treasurer shall cause such report to be 1
distribution of . i . i i ■ • i it' • r • 1_ n
annual prmtcd and bound with his own report m number sufficient to rurnisn a Z
1828, 18. copy for every three hundred inhabitants of the countv, and shall send 3
1853, 310, § i'. a copy to the state library, to the director of accounts, and to the mayor 4
p. I.' 23.' 1 27.' of each city and the selectmen of each town in the county, and the remain- 5
1897'. its', 1 5 "ig copies to the clerk of each city and town in the county, in proportion 6
?m^"?l^^^'' to its population, for the use of the inhabitants. He shall, at the close of 7
1919, 350, . ^ '■ . . . , , T 1 - 1 I - 1 o
S§ 52, 54 each year, advertise m not more than three newspapers published in tlie 8
same or an adjoining county an account of the county receipts and ex- 9
penditures arranged under distinct heads, and a specific statement of the 10
county debts, the purposes for which incurred and their dates of 11
maturity. 12
Treasurers SECTION 27A. The county treasurer of each countv shall act as 1
to act as i'(>ii»i(> .*. . ^
treasurers and the treasurer and custodian or the lunds or every institution, organ- Z
of cettain ization, board, commission or other public body to the use of which funds 3
i93o!4oo, 5 4. of his county are contributed, provided that in case any such public 4
body serves a district comprising more than one county, the county 5
treasurer of the county in which such public body is chiefly located or (>
has its headquarters, as determined by the director of accounts, shall 7
so act. 8
COUNTY FINANCES.
ot°c^"™ Section 28. The county commissioners shall annually prepare esti- 1
i78r22 1 rnates of county receipts and expenditures for the ensuing year, in the 2
1792', 2«! form prescribed by the director of accounts and upon blanks by him 3
1834; 122, 5^1. furnished, including estimates for construction and repair of county 4
Chap. 35.] county finances. 367
5 buildings and for effecting insurance providing indemnity for or pro- Rjfji|j 35
() tection to the officers and employees of tlie county against loss by reason i^'^^.'m. ^^
7 of their liability to pay damages to others for bodily injuries, including p. s. 23,' §22.'
8 death at any time resulting therefrom, caused by the operation, within HH] \li
9 the scope of their official duties or employment, of motor vehicles owned [Hl^ l^f 5 6.
10 by the county, to an amount not exceeding five thousand dollars on f^^\- |i^ § 27.
11 account of injury to or death of one person, or for providing indemnity 1^1?.; ^i^o.
12 or protection as aforesaid without insurance, with a statement of the 1921' 336.
13 corresponding appropriations for the preceding year, and expenditures igm, 458, § 2.
14 for each of the three preceding years, explaining any difference between i^^^^y' i^s.
15 the amount of an estimate and the latest approj^riation for the same
16 purpose, and citing the laws relating thereto. The clerk of the commis-
17 sioners shall record the foregoing in a book kept therefor, and, on or before
18 January twentieth, shall send a copy thereof, by him attested and signed
19 by the chairman, to the said director, who shall analyze and classify
20 said estimates, and report the same to the general court not later than
21 February tenth. The director shall upon their request send a copy of
22 said report to the mayor of each city and to the selectmen of each town
23 in the commonwealth.
1 Section 29. The expenditure of money by the several counties shall fS'S^ed'ry
2 be in accordance with annual appropriations of the general court, specify- f|;5|^\'82°Ti.
3 ing as separate appropriations the several items of expenditure, as pre- i|96; sw! 1 1.
4 scribed by the director of accounts. At the closing of the county treas- isgs! 317!
5 urer's books on January tenth, the balance to the credit of each annual 1919, 356,
6 appropriation shall become a part of the general unappropriated balance ^^ ^-'^■
7 in the county treasury ; but no special appropriation shall lapse until the
8 work for which it was made has been completed, the bills paid and the
9 account closed.
1 Section 30. The amount which the county commissioners shall levy Amount ot
2 as the county tax shall be as authorized annually by the general court, regulated.
3 and as computed by adding together the amounts of the annual ap- r^^l. 2i^'5 29!
4 propriation and of any new special appropriation, so far as the money ^^'^^- '^''■
5 therefor is to be raised by taxation, and deducting therefrom so much
6 of the probable receipts from all sources, except loans, and of the un-
7 appropriated balance in the county treasury at the closing of the treas-
8 urer's books for the previous year as the general court deems advisable.
9 The commissioners shall also levy annually as a county tax a sum suf-
10 ficient to meet the debt and interest maturing in that year, if no other
11 provision therefor has been made.
1 Section 31. The county commissioners shall apportion and assess Apponion-
2 all county taxes among and upon the several towns according to the ment'and
3 latest state valuation, and shall, by their clerk, certify the assessments county'taxea.
4 to the assessors thereof, and prescribe the time of payment. The several k.*s! il.' ^ ^'
5 amounts so apportioned and assessed shall be collected and paid like the 8,§ f/^^-^ 21.
6 state tax into the respective town treasuries, and the commissioners i,%'';|°;5 24.
7 in their warrants shall require the selectmen or assessors of each town issg, 253.
8 to pay, or to issue their warrants requiring the treasurer thereof to §§36.31.
9 pay, to the county treasurer the amount so assessed, at such times as 5 146. '' '
10 shall be fixed in the warrant of the commissioners. The selectmen or J^is. s.
11 assessors of each town shall return a certificate of the name of the
368
COUNTY FINANCES.
[Chap. 35.
treasurer of such town, with the sum which he may be required to col- 12
lect, to the county treasurer within the time fixed by the warrant of 13
the county commissioners. 14
Expenditures SECTION 32. No countv expenditure shall be made or liability in- 1
appropriations currcd, uor shall a bill be paid for any purpose, in excess of the appro- 2
Exceptions. nriation therefor, except as provided in the two following sections and in 3
1895,482, §1. ^__,:_^c j. f f
1896, 357, § 1.
section fourteen.
1897, 153, § 9.
R. L. 21, § 32.
1 Op. A. G. 438.
Proceedings SECTION 33. If the appropriation for any purpose is insufficient to
when appro- -iii i xl J
priationis meet an expenditure required by law, the treasurer may, on the order
insufficient. „ , . . ,i e • xl
1895, 482, § 2. of the couuty commissioners, pay the same from any money m the
1897; ill', 1 10. treasury. The commissioners shall place on their records a statement
f bp'. a.'g.^^' of all such payments with the reasons in detail therefor, and shall report
391, 509. £^jjy ^j-|j specifically thereon in their next annual report.
Payments
from unappro-
priated
balances.
1895, 482, § 3.
1896, 357, § 4.
1897, 128, § 2;
153, § 11.
R. L. 21, § 34.
Section 34. After December thirty-first and before the regular ap-
propriations have been made by the general court, the county commis-
sioners and other officers authorized to incur liabilities payable by the
county may incur liability at a rate of expenditure not in excess of that
authorized for the same purpose for the preceding year, but not exceeding
one half the last annual appropriation therefor. Payments therefor may
be made from any unappropriated balance in the county treasury, to be
charged to the regular annual appropriation when made. No new or
unusual expense shall be incurred or permanent contract made, or salary 9
increased until an appropriation sufficient therefor has been made by the 10
general court. H
of^duri^o?' Section 35. The supreme judicial court, upon the suit of the at-
commissioners tornev general or petition of one or more taxable inhabitants of a county,
and treasurers. .^o ^ t ^ ^ .i-, ne- • .
1897, 153. § 12- may in law or in equity enforce sections eleven, thirteen, farteen, srxteen,
twenty-five to thirty, inclusive, and thirty-two to thirty-four, inclu-
sive, of this chapter, and sections fourteen and seventeen of chapter
thirty-four.
acMunt Section 36. At the end of each year the treasurer shall render to the 1
1785. 76, 5 2. county commissioners an account of all county receipts and expenditures, 2
§§3i, 35, 51. and when approved and allowed by them, shall deliver it to their clerk. 3
G. S. 17, §§ 17, 40. P. S. 23, §§ 20, 21. 1897, 130, § 4. R. L. 21, § 38.
Emergency
loans to meet
extraordinary
expenditures.
1925, 74.
Section 36A. For the purpose of providing funds for the repair or 1
reconstruction of any building, plant, structure or equipment of any 2
county institution damaged or destroyed by fire or other catastrophe, or 3
of any county building or other structure so damaged or destroyed, 4
whenever such repair or reconstruction is necessary to pre\ent a disct)n- 5
tinuance of the work or service conducted by such institution or incon- 0
venience to the public, or for the purpose of providing funds for meeting 7
any other emergency in tiie administration of the art'airs of a county, the 8
county commissioners, with the approval of a board composed of the 9
attorney general, the state treasurer and the director of accounts, may, 10
and in case of repairs or reconstruction at a county institution under the 1 1
supervision of a board of trustees, at the request of said trustees, shall 12
issue notes of the county maturing within one year from their resj)ective 13
Chap. 35.] county finances. 369
14 dates. Said notes shall be signed by the treasurer and countersigned by a
15 majority of the commissioners and may be sold at such discount as the
IG commissioners may deem proper, the discount to be treated as interest
17 paid in advance. The proceeds thereof shall be paid into the county
18 treasury and shall be expended by the county commissioners in payment
19 of bills contracted for the puri)()ses of said repairs or reconstruction or to
20 meet such emergency; provided, that in case of such repairs or recon-
21 struction at a county institution under the supervision of a board of
22 trustees, said proceeds shall be expended in payment of bills so con-
23 tracted by said trustees.
1 Section 37. County commissioners may borrow money in anticipa- Temporary
2 tion of, and to be repaid from, the county tax of the current year. If regulated.
3 said tax has been granted, such loans shall not exceed its amount; other- HH] lis. ^ ^'
4 wise they shall not exceed the amount of the previous annual tax. They q*^|; if^j 22.
5 may issue therefor county notes with or without interest, maturing within ^^^j '^-^^^^ ^6.
6 one year after the date when the debt for which they are issued was %4 ^^i^"*^-
7 incurred. If without interest they may be sold at such discount as the lau.'sse:
8 commissioners may deem proper, otherwise at not less than par. Such
9 notes shall be signed by the treasurer, countersigned by a majority of
10 the commissioners, and shall expressly be made payable from the taxes of
11 the current year, but shall nevertheless be negotiable. Except as other-
12 wise expressly provided by law, neither county commissioners nor county
13 treasurers, except in Suffolk and Nantucket counties, may borrow money
14 or negotiate loans upon the credit of the county. Notes may also be
15 issued between January first and January tenth, in accordance with this
16 section, in anticipation of assessments payable to the county by cities,
17 towns or corporations, under statutory provisions and unpaid at the end
18 of the preceding year, in cases in which the total cost of the project for
19 which the assessment is levied was paid by the county in the first instance.
1 Section 37A. Counties shall not issue any bonds or notes payable on County bonds
2 demand, and they shall provide for the payment of all debts, except those ?e"guiated^.
3 incurred in anticipation of revenue or in anticipation of reimbursement p/oceeds, etc.
4 from cities and towns, by such annual payments as will extinguish the '^^^' ^^^■
5 same at maturity, and so that the first of such annual payments on
6 account of any loan shall be made not later than one year after the date
7 of the bond or note issued therefor, and so that the amount of such annual
8 payment in any year on account of such debt, so far as issued, shall not
9 be less than the amount of the principal payable in any subsequent year.
10 The proceeds of any sale of bonds or notes, except premiums, shall be
11 used only for the purposes specified in the original authorization of the
12 loan; provided, that unexpended amounts may be applied to maturing
13 annual payments of the same loan. Any premium received upon such
14 bonds or notes, less the cost of preparing, issuing and marketing them,
15 shall be applied to the payment of the principal of the first bond or note
16 to mature.
1 Section 38. Before issuing notes or securities increasing county in- Proposals for
2 debtedness, the county commissioners shall invite proposals for the pur- bU!ids^e'tc°,
3 chase thereof by advertisements in two or more newspapers published ioan8°to be
4 in said county, if any, and by advertisements in at least three daily itl^eptfons.
5 newspapers published in Boston. They shall reserve the right to re- {|>''5' iji ^^
6 ject any and all bids. The bids shall be publicly opened and noted in lais, 257,
370
COUNTY FINANCES.
[Chap. 35.
1919. 5.
1920, 2.
1923, 428.
their records. If no proposal is made or accepted they may award the 7
whole or any part of the loan to any person. Notes authorized by sec- 8
tion thirty-seven, notes or bonds issued to renew or refund indebtedness 9
existing at the time of issue thereof, notes or bonds in anticipation of 10
reimbursement from cities, towns and others in connection with work 11
temporarily financed by the county, including tuberculosis hospital 12
maintenance notes under section eighty-five A of chapter one hundred 13
and eleven, shall be excepted from the requirement of this section as 14
to advertising for bids and may be sold at public or private sale. 15
Interest rate
on county
securities.
1920, 336.
1921, 22.
Section 39. All bonds, notes and other securities issued by any 1
county after April twenty-second, nineteen hundred and twentj', shall 2
bear such rate of interest as the county treasurer, with the approval 3
of the county commissioners, may fix, notwithstanding any general or 4
special provision of law enacted prior to said date. 5
Returns of
fines, etc.
C. L. 131.
1874, 394,
§§4,5.
P. S. 23,
§§ 29, 30.
1891, 187.
1892, 430.
R. L. 21,
§§41, 43.
1916, 241,
1919, 3.50,
§§ 52, 54, 82,
83.
§4.
8 1.
Section 40. The treasurer shall annually, in November, notify all
officers required to account for and pay to him any fines, expenses, for-
feitures, fees and money, to make the returns thereof, specifying the
laws requiring the same. He shall annually, in January, return to the
director of accounts a sworn statement of all such items received by him
in criminal matters during the preceding year, from whom received, and
the name of each magistrate or officer failing to comply, and what pro-
ceedings have been taken by reason thereof. He shall also, annually, 8
on or before October fifteenth, make a return to the commissioner of cor- 9
rection, upon blanks to be provided by said commissioner, of all amounts 10
paid or received by him on account of any jail or house of correction for 11
the year ending on the preceding September thirtieth. 12
Sworn certifi-
cates of cer-
tain officers to
accompany
payments to
treasurers.
1893, 270, § 2.
1901, 109.
R. L. 21. § 42.
Section 41. Public officers or agents shall accompany payments 1
of public funds to county treasurers with a sworn statement, showing 2
the date, amount and purpose thereof, and such other details as the 3
director of accounts may prescribe, transmitting forthwith a duplicate 4
to him. 5
1919, 350, §§52, 54.
Section 42. The auditor of Boston shall be the auditor of Suffolk 1
county. No bill against said county shall be paid until audited and 2
Auditor of
Boston to be
auditor of
Suffolk county.
1879. 256, §§1, allowed by him.
p. S. 23, §§ .34, 35.
R. L. 21, § 44.
i 5, 7-9.
1931, 301, § 7.
ReRistration
of bond.4. etc.,
field by
sinkinR fund
commissioners.
Penalty.
1912, 377,
§§1.2.
1916, ir,2.
1917, 116,
§§1,2.
Section 43. A county, city, town or district, or any domestic corpo- 1
ration, which shall have issued any bond, note or certificate of indebted- 2
ness payable to bearer, held by the sinking fund commissioners of a 3
county, shall, at the request of such commissioners, issue in exchange 4
therefor a bond, note or certificate to the same effect, payable to such 5
commissioners by name; provided, that the county desiring such exchange 6
shall, if requested, furnish the blank form for the bond, note or certificate 7
therefor in the same general form as that furnished by the common- 8
wealth under section thirty-nine of cliapter twenty-nine. Any county, 9
city, town, district or corporation neglecting or refusing to comply with 10
this section shall be subject to a penalty of not more than fifty dollars. 11
Chap. 35.] supervision of county accounts. 371
1 Section 43A. Every officer or employee of a county required to Certain county
2 furnish a fidelity bond witii a surety or sureties sliall furnish a bond ?„ furnish'''
3 with a surety company authorized to transact business in the common- ^"j.'bonda.
4 wealth, as surety. The premium on such bond shall in every case, j;^^,';,';;^",^"^
5 except in the case of the treasurer of Suffolk or Nantucket county, be i924, 404. § s.
6 paid by the county.
supervision of county accounts.
1 Section 44. The director of accounts or his representative shall, ^^X'^'j""
2 unannounced, examine the books and accounts of each county treasurer °^^''„';^™"^f °f
3 and all original vouchers for the expenditures of each treasurer at least county officers.
4 once a year, and if the same are correct, and if the accounts are accom- issoljei; §2.
5 panied by sufficient vouchers stating in detail the items thereof, and if 1887,438, 53.
6 such vouchers confirm and sustain the same, and if in case of all pay- 111°] Hg' ^ ^
7 ments in excess of eight hundred dollars section seventeen of chapter f^^- ^l^^ "■
8 thirty-four has been complied with, he shall so certify on the treasurer's §§52, 54.'
9 cash book and shall set forth in words at length the balance existing
10 when the examination is completed. If such accounts are incorrect or
11 not accompanied by sufficient vouchers, the director shall, unless the
12 irregularity is promptly rectified, notify in writing the county commis-
13 sioners and attorney general, and shall make a full statement thereof in
14 his next annual report.
1 Section 45. The said director or his representative shall also visit, J;.^,'^^^'°°^-
2 unannounced, at least once a year, all other county officers receiving Returns to
3 money payable to the county, clerks of the supreme judicial and superior accounts.
4 courts in Suffolk county, the recorder and all assistant recorders of iisaiei',
5 the land court, registers of probate and insolvency, registers of deeds, f|sV,^i87; 217.
6 trial justices and clerks of district courts, probation officers, superin- |'j|g-|8.
7 tendents of training schools and of shops in houses of correction, and I'^^g^'^^S'
8 trustees and other officers receiving or disbursing funds of county isao, 306'. ^
9 tuberculosis hospitals, infirmaries or sanatoria, and shall examine their ikgi! iss!
10 accounts and vouchers, and the items of receipts and expenditures. He la', 5. '
11 shall ascertain the actual amount of money on hand with each of said Jgo?; ua
12 officers. He shall require, so far as possible, uniformity and correctness Kj^l. 2i^§ 48^
13 in the method of keeping said accounts, and may prescribe the classifica- im 103, § 1.
14 tion of receipts and expenditures and a uniform system of receipts, 1914', 216.
15 certificates, vouchers and exhibits. Said officers shall afford such assist- 229, '§ 2. '
16 ance as the director may require in making said examination and shall §^'52-54.'
17 make returns and exhibits on oath in such form and at such times as he Jj^p- ^- °-
18 shall prescribe. They shall keep an accurate account of all money
19 charged to or received by them in their official capacities, and also of all
20 expenditures made or liabilities incurred by them on account of the
21 same, and shall annually, on or before January fifteenth, make a sworn
22 return to said director of such receipts and expenditures for the preceding
23 year.
1 Section 46. The commissioner of corporations and taxation shall ^("".J^'nlfaP""
2 annually, on or before February first, make a report to the general court, ^'°"p"'Jr°'iong
3 which shall include the material portions of the returns made under the etc^.jo include
4 preceding section, compiled in tabular form, with his suggestions and material.
5 recommendations.
1880, 161, § 1. 1887, 438, § 6. R. L. 21, 5 49.
P. S. 23, § 36 1888, 275, § 1. 1919, 350, 51 8. 52-54.
372
CLASSIFICATION OF COUNTY SALARIES.
[Chap. 35.
Penalties on
county, etc.,
officers.
1847, 199.
1880, 161. 5 3.
P. S. 23. § 38.
1887, 438,
§§ 4, 7.
1890, 216, § 2.
R. L. 21, 5 50.
Section 47. An officer or person named in section forty-four or forty- 1
five who refuses or neglects to comply with any provision thereof, or 2
who, for more than ten consecutive days, refuses or neglects to enter in 3
the cash book prescribed by the director of accounts ail money received 4
or expended by him in his official capacity or on account of the same, or 5
refuses or neglects to give any information within his knowledge required 6
by said director or his representative shall be reported by the director to 7
the attorney general, and shall be punished by a fine of not more than one S
hundred dollars. 9
County per-
sonnel board.
1930, 400, § 5.
county personnel board and classification of county salaries,
offices and positions.
Section 48. There is hereby established a county personnel board, 1
in this and the eight following sections called the board, consisting of three 2
county commissioners, one to be elected by and from the county com- 3
missioners of Berkshire, Franklin, Hampden and Hampshire counties; 4
one to be elected by and from the county commissioners of Essex, Middle- 5
sex and Worcester counties; and one to be elected by and from the 6
county commissioners of Barnstable, Bristol, Norfolk and Pljinouth 7
counties, provided that in the election of such member from the last 8
named counties, the chairman of the county commissioners of each of the 9
counties of Nantucket and Dukes County shall be entitled to one vote. 10
The commissioner first elected from the county commissioners of Berk- 11
shire, Franklin, Hampden and Hampshire counties shall serve for a term 12
of one year, the commissioner first elected from the county commissioners 13
of Essex, Middlesex and Worcester counties shall serve for a term of two 14
years, and the commissioner first elected from the county commissioners 15
of Barnstable, Bristol, Norfolk and Plymouth counties shall serve for a 16
term of three years. The members first elected as aforesaid shall be 17
elected not later than the first day of September, nineteen hundred and 18
thirty, and their several terms shall run from said date. Their successors 19
shall be chosen in the same manner and shall serve for terms of three 20
years from the first day of September in the year when elected. The 21
retirement of any member of the board as a county commissioner shall 22
thereupon create a vacancy in the board. All vacancies in the board shall 23
be filled in the same manner as the original election for the unexpired 24
term, and all commissioners elected to said board shall serve until the 25
qualification of their respective successors. Each member of the board 26
shall receive as compensation the sum of ten dollars for each day's attend- 27
ance on board meetings, in addition to his salary as county commissioner, 28
and shall be reimbursed for expenses actually incurred in the transaction 29
of the business of the board; provided, tliat the total amount paid for 30
compensation as aforesaid shall not exceed one thousand dollars annually. 31
Certain offices,
etc., to be
classified by
board.
"Salary"
defined.
1930, 400, 5 5.
1931. 2.54, 5 1;
301, § 8.
Section 49. Every office and position whereof the salary is wholly 1
payable from the treasury of one or more counties, or from funds admin- 2
istered by and through county officials, except the offices of county com- 3
missioners and associate county commissioners, justices and special 4
justices of the district courts, clerks and assistant clerks of the district 5
courts other than the municipal court of the city of Boston, trial justices, 6
other offices and positions filled by appointment of the governor with the 7
advice and consent of the council, and probation officers, shall be classified 8
by the board in the manner provided by sections forty-eight to fifty-six, 9
Chap. 35.] classification of county salaries. 373
10 inclusive, and every such office and position, now existing or hereafter
11 estahlished, shall he allocated by the board to its proper place in such
12 classification. Offices and positions in the ser\ice of any department,
18 board, school or hospital principally sup])orted by the funds of the county
14 or counties, or in the service of a hospital district established under sec-
15 tions seventy-eight to ninety-one, inclusive, of chapter one hundred and
10 eleven, shall likewise be subject to classification as aforesaid. The word
17 "salary", as used in this section, shall include compensation, however
18 payable; but nothing in sections forty-eight to fifty-six, inclusive, and
19 nothing done under authority thereof, shall prevent any person from
20 continuing to receive from a county such compensation as is fixed under
21 authority of other provisions of law or as is expressly established by law.
1 Section 50. The director of accounts shall (a) prepare and submit to Director ot
2 the board classification and compensation plans, together with such rules Duties, etc.
3 for the administration thereof as he may deem proper; {h) recommend to '^^°' ''°°'
4 the board such amendments thereto as he deems expedient, and also
5 advise and report to the board relative to amendments proposed under
6 section fifty-three; (c) keep an official roster of the officers and em-
7 ployees subject to sections forty-eight to fifty-six, inclusive, with such
8 other relevant information as he may deem advisable, furnishing for each
9 county a duplicate roster of such officers and employees of the county for
10 filing in the office of the county commissioners; (rf) advise and assist the
1 1 several county commissioners and the board in carrying out the purposes
12 of said sections; (p) perform such other duties as may be requested by
13 the county commissioners of any county or the board in carrying out said
14 purposes; (/) make a continuing study of personnel problems, employ-
15 ment conditions and economic changes as affecting offices and positions
16 subject to said sections; and (g) investigate and make report to the board
17 on appeals as provided in section fifty-two.
18 The director may employ a person skilled and experienced in public
19 classification and compensation work to assist in the pei-formance of the
20 duties imposed upon him by said sections forty-eight to fifty-six, inclusive.
21 Such employment shall not be subject to chapter thirty-one. All expenses
22 incurred by the director under this section and the compensation and
23 expenses payable under section forty-eight shall be paid in the first in-
24 stance by the commonwealth, from such funds as may be appropriated
25 by the general court; and the several counties, excluding SufTolk, shall
26 reimburse the commonwealth therefor in proportion to their taxable
27 valuations as determined by the director.
1 Section 51. The board shall (a) pass upon and finally adopt and put Duties of
2 into effect, with such modifications, changes and additions as it shall im 400, § 5.
3 deem proper, the classification and compensation plans and rules for their
4 administration proposed by the director of accounts under section fifty;
5 (b) pass upon, finally adopt and put into effect, with such modifications
6 as it may deem proper, amendments to the classification and compensa-
7 tion plans and the rules for their administration as may be proposed from
8 time to time under the provisions of section fifty or fifty-three; provided,
9 that no such amendment not proposed by the director of accounts under
10 section fifty shall be adopted except after a report which shall be made
1 1 by said director within thirty days after submission to him ; (c) pass upon
12 and finally determine appeals relative to classification, as provided in
374
CLASSIFICATION OF COUNTY SALARIES.
[CiLVP. 35.
section fifty-two; and {d) perform such other functions and duties as may 13
be imposed upon it by said sections forty-eight to fifty-six, inclusive. 14
Classification
and allocation
of offices, etc.
1930, 400, § 5.
Section 52. The classification and allocation of offices and positions
required to be classified and allocated by section forty-nine shall be
according to their respective duties and responsibilities. The classifica-
tion shall be established by specifications defining for each office or posi-
tion or class of offices or positions the title, duties and responsibilities
thereof. The titles used in such classification shall be used for pay rolls,
in the records of county commissioners, county treasurers, the director
of accounts and of the board, and in all budget and appropriation records,
but for working and administrative purposes within a department and
for public convenience other titles may be used. Incumbents of offices
and positions so classified shall perform, as far as practicable, the duties
prescribed for the class to which they are assigned, but nothing in sec-
tions forty-eight to fifty-six, inclusive, shall be construed to limit or to
restrict the county commissioners or other administrative authorities
having charge of a department in assigning other work to such incum-
bents.
Any incumbent aggrieved by the allocation or classification of his
office' or position may, in writing, appeal to the board. Such appeal
shall be filed with the appellant's board of county commissioners, who
shall forward the appeal to the board, accompanied by a report and their
recommendations thereon. The board shall refer the appeal to the di-
rector of accounts, who shall investigate the merits thereof and report
to the board. The board shall then finally determine the appeal after
hearing all persons interested.
Powers and
duties of
county com-
missioners.
1930, 400, § 5.
Newly elected,
etc., officers,
etc., to receive
minimum rate.
Exceptions.
Recommenda-
tions for
promotions,
transfers, etc.
1930, 400, § 5,
1931, 301, § 9.
1
2
3
4
5
0
7
8
9,
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 53. The county commissioners of the several counties shall
(1) keep on file in their respective offices the duplicate roster of officers
and employees of their county, furnished by the director under section
fifty; (2) receive and forward to the board, with their report and rec-
ommendations thereon, appeals, as provided in section fifty-two; (3)
receive and act upon recommendations for salary increases, as provided
in section fifty-four, and (4) perform such other functions and duties as
may be imposed upon them by said sections forty-eight to fifty-six, in-
clusive. They may also recommend to the board amendments to the
classification and compensation plans and to the rules relating thereto.
They shall be entitled to be heard in the determination of questions of 1 1
classification and allocation on appeal to the board, or otherwise. 12
1
2
3
4
5
6
7
8
9
10
Section 54. Newly elected or appointed officers or employees shall
receive the minimum rate in the scale for the class to which the office or
position has been allocated; provided (1) that where a person already
in the service is transferred or demoted, or a former officer or employee
is reinstated to an office or position in the class, he shall enter the office
or position at the rate which he last received, except that, if the rate
received in the former office or position is higher than the maximum of
the class, he shall receive the maximum rate; and provided (2) that the
board, upon recommendation of the projjcr county commissioners, sup-
ported by evidence of special fitness and exceptional circumstances
satisfactory to them, may approve an entrance rate greater than the 11
minimum rate; and provided (3) that less than the minimum rate may 12
be paid in cases found by the board to be exceptional. 13
1
2
3
4
5
6
7
8
9
10
Ch.\P. 35.] CL.'VSSIFICATION OK COUNTY SALARIES. 375
14 Recommendations for promotions, transfers and salary increases, sup-
15 ported by such data as the case may require, shall he submitted to the
Hi county commissioners of the various counties by the proper authority,
1 7 and such recommendations, if conforming to the classification and com-
IS pensation plans and rules provided for in section fifty-one, may, in their
19 discretion, be granted by the comity commissioners; except that all
20 cases involving more than one increment in the salary scale, an original
21 appointment at a rate higher than a minimum rate, the creation of a new
22 class, or other departure from the normal procedure as outlined in the
23 classification and compensation plans and rules shall in each instance
24 be referred by the county commissioners to the board, and the action by
25 the board in relation thereto shall be final. Salary increases in counties,
26 other than Sufi'olk and Nantucket, shall not become eft'ective unless and
27 until an appropriation suflScient to cover the same has been granted by
28 the general court.
1 Section 55. Except as otherwise expressly provided, all salaries Salaries to be
2 established under the authority of sections forty-eight to fifty-six, in- 8ation.""orer-
3 elusive, shall be in full compensation for all services rendered, and every ig^o.^mTs^'
4 officer or employee shall pay all fees and other moneys received directly
5 or indirectly in the course of his public employment, into the county
6 treasury; provided, that nothing contained in said sections shall pre-
7 vent the reimbursement of actual and other expenses necessary for the
8 transaction of public business or the payment of overtime approved
9 by the county commissioners, upon evidence of necessity therefor.
1 Section 56. For Suffolk county, the duties prescribed for the board fPif^lf;,'^
2 by section fifty-one, except clause (o) thereof, shall be performed by the |"g'J^'<!;,ffJ,°'^
3 city council of the city of Boston, subject to the provisions of the charter ^'j^''^'fi=^*jj™-
4 of said city; the duties prescribed by sections forty-nine to fifty-five, counties^
5 inclusive, for the director of accounts shall be performed by the budget
6 commissioner of said city, and all other duties prescribed and powers
7 conferred by said sections forty-nine to fifty-five shall be performed by
8 the mayor of said city. Any other county is hereby authorized, subject
9 in all respects to the approval of the governor and council, to establish
10 agencies for the purpose of establishing and administering classification
11 and compensation plans in accordance with the provisions of sections
12 forty-nine to fifty-five, inclusive, and agencies so established shall have
13 the powers granted by said sections to the board and the director of
14 accounts. Upon the establishment of such agency, such county shall
15 cease to be represented in the board or to participate in the election of
16 its members, and its obligation to contribute toward the expenses in-
17 curred by the board and by the director under section fifty shall ter-
18 minate.
376
REGISTERS OF DEEDS.
[Chap. 36.
CHAPTER 36.
REGISTERS OF DEEDS.
Sect.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
13A.
14.
15.
16.
17.
18.
19.
20.
Registry dis-
tricts in certain
counties.
In Berkshire
county.
1788, 5.
1805, 42.
:812, 83.
R. a. 14,
§§ 110-113.
1848, 4.
1857, 123. § 1.
G. S. 17. § 82.
1868, 325, § 5.
In Bristol
county.
1837, 186,
§§ 1-4.
G. S. 17, § 83.
1861, 23.
P. S. 24, § 2.
1891, 234, § 1.
R. L. 22, § 2.
In Essex
county.
1869, 445,
55 1.5.
P. S. 24, § 3.
R. L. 22, § 3.
In Middlesex
county.
1855. 79.
Registry districts in certain counties.
Election of registers of deeds.
Register to be sworn and give bond.
Assistant registers.
Second assistant register in Suffolk.
Same, in certain other counties, etc.
Chief clerk in Worcester district.
Assistant register to act, when. Tem-
porary registers.
Removal of register.
New register to record deeds unre-
corded by his predecessor.
Register's office hours.
Place of record.
Record of certified copies of instru-
ments relating to land lying in
more than one county, etc.
Plans, filing in registries regulated.
Register to note receipt of papers
in book to be kept for the pur-
pose.
Manner of recording instruments, and
notation of stamp.
Evidence of payments of succession
taxes to be recorded.
Duplicate records; making, and fees
for copies.
Attestation of records by volume.
Facsimile attestation.
Noting instrument affecting mort-
gage, when recorded in different
registries.
Sect.
21. Marginal references on record of cer-
tain mortgages.
22. Noting instruments affecting ta.x
deeds.
23. * Certificate on deed of date and place
of record.
24. Federal tax liens, and discharges
thereof, free filing.
25. Indexes and form thereof.
26. Entries in indexes, when and how
made.
27. Names to be entered in indexes in
certain special cases.
28. Classified copies of indexes.
29. New or printed indexes.
30. Estimates of expense of indexes.
31. Index commissioners in Suffolk
county.
31A. Notice to commissioner of corpora-
tions, etc., of trust deeds and dec-
larations of trust.
32. Notice to department of public wel-
fare of instruments creating chari-
table trusts, etc.
33. Salaries.
34. [Repealed.]
35. [Repealed.]
36. [Repealed.]
37. No compensation to registers or as-
sistant registers for title work.
38. Allowances for clerical assistance, etc.
39. Accounts and fees.
Section 1 . Tlie counties of Berkshire, Bristol, Essex, Middlesex and 1
Worcester are for the registry of deeds severally divided into the following 2
districts: 3
In Berkshire, the middle district, with its office in Pittsfield, compris- 4
ing Pittsfield, I3ecket, Dalton, Hinsdale, Lee, Lenox, Otis, Peru, Rich- 5
mond, Stockbritlge, Tyringham and Washington; the iu)rthern district, 6
with its office in Adams, that portion of tiie county lying north of the 7
middle district; and the southern district, with its office in Great Bar- 8
rington, that portion of the county lying south of the middle district. 9
1876, 127. P. S. 24, § 1. R. L. 22, 5 1.
In Bristol, the southern district, with its office in New Bedford, com- 10
prising New Bedford, Acushnet, Dartmouth, Fairhaven and Westport, 11
the Fall River district, with its office in Fall River, comprising Fall 12
River, Freetown, Somerset and Swansea; and the northern district, with 13
its office in Taunton, the remainder of said county. 14
In Essex, the northern district, with its office in Lawrence, comprising 15
Lawrence, Andover, Methuen and North Andover; the southern district, 16
with its office in Salem, the remainder of said county. 17
In Middlesex, the northern di.strict, with its office in Lowell, compris- 18
ing Lowell, Billerica, Carlisle, Chelmsford, Dracut, Dunstable, Tewks- 19
Chap. 36.] registers of deeds. 377
20 bury, Tyngsborouo:]i, Westford and Wilmington; the southern district, (f 's' ly'^'s 84
21 with its office in Cambridge, the remainder of said county.
I860, 162. P. S. 24, § 4. R. L. 22, § 4.
22 In Worcester, the northern district, with its office in Fitchburg, com- in Worcester
23 prising Fitchburg, Ashburnliam, Leominster, Lunenburg and West- i884,*4b, § i.
24 minster; the Worcester district, with its office in Worcester, tlie re- ^- ^- ^~' ^ ^■
25 mainder of said county.
26 Each of the other counties of the commonwealth shall have an office in other
27 for the registry of deeds in a shire town thereof. c.T.'lli § 4.
1715-16, 5, § 4. R. S. 14, I 103. P. S. 24, 8 .5.
1783, 60, § 1. G. S. 17. § 85. R. L. 22, § 6.
1 Section 2. In each such district and in each county not divided into Election of
2 districts, a register of deeds, who shall be a resident of such district or 01X1"!.
3 county, shall be elected, as provided in section one hundred and fifty- r!**|.'h,' |i6i.
4 seven of chapter fifty-four, for tlie term of six years, beginning with the {ggj'yl^'jg.
5 first Wednesday of January following his election, and until his successor 92. §'§ i.'s.
6 is qualified.
1856, lis, §§ 1,2. R. L. 11, §§320, 1913, 835, §§ 386,
G. S. 10, § 9. 325, 326. 391. 392.
P. S. 10, § 9. 1906, 76. 1917, 255, § 1.
1890. 453. § 196. 1907, 560, §§ 348, 1918, 114, § 2.
1893, 417. §§ 2.53, 258. 353, 354. 1919, 269, §§ 21, 26.
1898, 548, 5§ 317,
322, 323.
1 Section 3. Each register of deeds shall be sworn before the county Register to be
r» • • • o fv II IP 1 • 'iPT* swornand give
2 commissioners, or in buiiolk county before the city council oi boston, bond.
3 and shall give bond to the county for the faithful performance of his 1715^16,' s, §1.
4 official duties and those of his assistant registers, with such sureties and I825: 145,^^2.
5 in such sura as the commissioners or said council, respectively, shall §; |; Jy' § gg^'
6 approve.
p. S. 24, 5 6. R. L. 22. § 7. 1918. 257, § 143. 1920, 2.
1890. 308. 1902, 544, § 5. 1919, 5. 259 Mass. 310.
1 Section 4. Each register, with the approval of the superior court, Assistant
2 may appoint an assistant register of deeds, removable at his pleasure, 1872, 34-
3 for whose official acts he shall be responsible. The assistant shall give 1873. 19,'
4 bond in the same manner as the register, and may be a woman. Any Rslii,
5 document or paper certified or attested by such assistant or by a second iggs^V?'
6 assistant register or by a chief clerk designated under section seven P.g |^'
7 shall be admissible evidence as if certified or attested by the register. isos, 612.
1912, 64. 1920, 569, § 3; 603, § 2.
1 Section 5. The register for Suffolk county may, by a writing re- Second assist-
2 corded in his registry, designate one of the persons employed therein as in suiioik.
3 second assistant register, which designation he may at pleasure in like
4 manner revoke.
1 Section 6. The registers for the southern district of Essex, the county ^"^""^^j'^'^j^^,
2 of Hampden, the southern district of Middlesex and the Worcester dis- counties, etc.
o , • , ', 1 , , 1 C ...1 • J.- i ■ • 1920. 569; 603.
3 trict may, with the appro^"al or their respective county commissioners, 1926, 98, § 1.
4 appoint and at pleasure remove, a second assistant register. Such an
5 assistant shall have all the powers and authority vested in an assistant
6 register, and shall receive such compensation as may be allowed by the
7 county commissioners.
378
REGISTERS OF DEEDS.
[Chap. 36.
Chief clerk
in Worcester
district.
1912, 64.
Section 7. The register for the Worcester district may, by a writing 1
recorded in his registry, authorize a person employed in said registry to 2
certify or attest, as chief clerk, records or copies of records recorded or .3
filed therein, which authority the register may at pleasure in like manner 4
revoke. 5
Assistant
register to act,
when. Tem-
porary regis-
ters.
1863, 200, 5 2.
P. S. 24, § 11.
R. L. 22, § 10.
1909, 213.
1913, S35,
§§340, 503.
1920, 569,
§2; 603, § 2.
1930, 400,
§§5,7-9.
1931. 301, § 10.
Section 8, During the disability of a register, or if a vacancy occurs 1
in the office, the assistant register, or second assistant register, or if 2
none, the clerk, shall perform the register's duties. If the register is 3
disabled and there is no assistant or clerk, or if they are both unable, 4
by reason of illness or otherwise, to perform their official duties, the 5
county commissioners, or in Suffolk county the superior court, may 6
appoint a temporary register of deeds. Notice of such appointment 7
shall be recorded in the registry. Section three shall apply to temporary 8
registers who shall exercise the same powers and duties as registers of 9
deeds until the register or a qualified assistant is able to assume the same, 10
or until the qualification of a new register. 11
Removal of
register.
1788, 57, § 5.
R. S. 14, § 105.
G. S. 17, § 88.
P. S. 24, § 7.
R. L. 22, § 11.
Section 9. If a register, upon presentment of the grand jury, is found
guilty of misconduct in his official duties, or if from bodily or mental
infirmity he is incapable in person of rightly performing the same, the
county commissioners, or in Suffolk county the superior court, shall,
after reasonable notice, remove him from office, and may order delivery
of the books, papers and other things belonging to the office to their clerk
or to a new register when appointed or elected.
New register
to record
deeds unre-
corded by his
predecessor.
1863, 200, § 1.
1871, 4.
P. S. 24, § 8.
R, L. 22, § 12.
1906, 67.
Section 10. If, upon the death, removal or expiration of the term of
a register, deeds or other instruments entered in the registry are unre-
corded, or recorded but unattested, or if records are unattested, his
successor or any subsequent register shall record or attest such deeds,
instruments or records agreeably to the facts and conformably with the
records and books of entry.
Register's
office hours.
1783, 60, § 1.
R.S. 14, §103.
G. S. 17, § 89.
P. S. 24, § 12.
1892, 121.
1900, 327, I 1.
1901, 383.
R. L. 22, § 13.
175 Mass. 193.
Section 11. Every register shall keep in his registry all books, 1
records, deeds and papers belonging thereto, and shall keep the office 2
open a fixed number of hours daily except on Sundays and legal holidays, 3
for receiving and recording papers. Office hours heretofore fixed in the 4
respective counties shall continue until changed by order of the county 5
commissioners. Notice thereof shall be given by posting the same in 6
conspicuous places upon or near the entrance door and upon the walls 7
or counters in each registry. 8
Place of record.
1697,21, §5.
1783,37, §4.
R.S. 14, §114;
69, § 22.
1856, 2.'J4.
G.S. 17, §90.
P.S. 24, §13.
R.L.22, §14.
Section 12. Every deed and other instrument required to be recorded 1
in the registry of deeds shall be recorded in the registry of deeds for the 2
district where the land lies to which such deed or instrument relates; 3
and in all things relating to the register or registry of deeds, each district 4
therefor shall be deemed a county. 5
Record of
certified
copies of in-
struments re-
lating to land
lying in more
than one
county, etc.
Section 13. If a deed or other writing affecting land has been re- 1
corded in a registry of deeds or registered in a registry district of the land 2
court, a copy thereof, duly certified by a proper official, may be recorded 3
or registered in any county or registry district wherein the original might 4
Chap. 3G.] registers of deeds. 379
5 properly have been recorded or registered, and when so recorded or regis- isso, 448.
6 tered shall have the same effect as a record or registration of the original 1920. Iiio.'
7 instrument; provided, however, that no such certified copy of such a 193?; so^
8 record or registration, except of a declaration of trust as provided for
9 in section seventy-two of chapter one hundred and eighty-five, shall be
10 entitled to registration in any registry district of the land court until
11 the same has first been approved for the purpose by a judge of the land
12 court.
1 Section 13A. The registers of deeds, or a majority of them, may Plans, filing
2 from time to time make and amend rules prescribing the size or sizes "eguiated."^
3 of plans which shall be received for record in registries of deeds in which ^^^^' ^^'
4 copies of such rules are posted as hereinafter provided, the material on
5 which the plans shall be made, and other requirements which will best
6 effect the preservation for reference of the matter shown on such plans.
7 No such rule or any amendment thereof shall take effect until after it
8 has been approved by the attorney general. Any register of deeds may
9 post a copy of the rules, approved as aforesaid, in a conspicuous place
10 in his registry; and, after the expiration of thirty days from such post-
11 ing, no plan which does not, in the opinion of the register, conform to
12 such rules shall be received for record therein, except upon payment of a
13 fee of three dollars for each such plan in addition to the fees provided by
14 section thirty-eight of chapter two hundred and sixty-two.
1 Section 14. Each register shall keep a book, each page of which Register to
2 shall be divided into six columns, with the following headings: pajS^rs'inbook
to be Icept for
the purpose.
r^^^^ 1830, 15,
§§1,2.
Fees R. S. 59,
received. S§ 23, 24.
G. S. 17.
§§92,93.
P. S. 24,
3 He shall enter therein, in the order of receipt, all deeds and instru- i9oo,'327. §2.
4 ments left for record, and all copies left as cautions, noting in the first §§ le.T?.
5 column the day, hour and minute when received and the other items Jte Mass! llo.
6 in the appropriate columns; and every deed or instrument shall be con- ^^^ "^"^^ ^^■
7 sidered as recorded at the time so noted. Papers received for record
8 outside the hours fixed under section eleven shall be entered as of the
9 first minute of the next succeeding business hour.
1 Section 15. He shall record all instruments upon the pages of the Manner of re-
2 record books in fair and legible handwriting or in print, and in continuous ments.^'nd""
3 successive lines, and shall note on the record, before attesting the same, "tamp"" °'
4 all erasures and interlineations and the value of any stamp affixed thereto ^^■'|' l°\ g^
5 pursuant to federal law, and the cancellation thereof. isss, 225.
p. S. 24, § §16, 17. 4 Mass. 541. 23 Pick. 80. 2 Gush. 494.
R. L. 22, §§ IS, 19. 17 Pick. 361. 12 Met. 157. 3 Op. A. G. 241.
1 Section 16. He shall record receipts of federal revenue collectors for Evidence of
2 succession taxes, or other evidence of their payment, if the person apply- succe^^on"
3 ing for such record first makes affidavit to the genuineness of such re- 'erorfed.'"'
4 ceipt or evidence before a person qualified to take acknowledgment of i*"^*' ^^^■
5 deeds.
P. S. 24, § 18. R. L. 22, § 20.
Date of
Reception.
Grantors.
Grantees.
Town where the
Land lies.
To whom de-
livered after being
recorded.
380
REGISTERS OF DEEDS.
[Chap. .36.
Duplicate
records;
making, and
fees for copies.
1892, 253.
R. L. 22, § 21.
Section 17. The register shall, at the expense of the county, pro- 1
cure and keep duplicate record books, in which he shall make fair and 2
legible copies of the record of any deed or other instrument existing in 3
the registry which has become worn, mutilated or indistinct, if so directed 4
by the county commissioners, or if so requested by any person lawfully 5
interested in preserving the same. He shall attest such copies, referring 6
in his certificate of attestation to the book and page of the original record, 7
and shall note on the margin of the first page of the original the volume S
and page of the duplicate records containing the copy. Such copies shall 9
have the same force as the original records. He shall receive the same 10
fees for copies and notations as for an original record, payable by the 11
person requesting the same. 12
Attestation of
records by
volume.
1907, 225, § 1.
Section 18. He may attest the records by the volume, and the 1
attestation shall be sufficient when the volume containing the same bears 2
the attest, with the written signature of the register or other person .3
lawfully authorized. 4
Facsimile
attestation.
1907, 225, 5 2.
1920, 569, § 3.
1929, 61.
Section 19. A facsimile of the signature of any register, imprinted 1
by him, by an assistant register or by such office assistant as the register 2
in writing may designate, upon any original instrument in attestation of 3
the fact that the same has been recorded in his registry or upon any copy 4
of the records or plans which the register is authorized by law to certify 5
or attest as a true copy, shall have the same validity as his written sig- 6
nature. 7
Section 20. If an assignment, extension, partial release, release or
different
registries.
1868, 197.
P. S. 24, § 19.
R, L. 22, § 22.
Noting instru-
ment affecting p f i -n p l l * 1
mortgage, when discharge 01 a mortgage or land, or a certmcate oi tlie taking or surrencier
of possession for foreclosure of such mortgage, or an affidavit of notice
of sale under a power of sale therein, or an execution for possession of the
premises conveyed thereby or any other instrument purporting to affect
the same, has been recorded in tlie county where the land lies, and the
original mortgage was not recorded in tiie same registry, the register of
the county where such mortgage was originally recorded, upon exliibition
to him at the registry of such instrument purporting to aif'ect the same,
shall enter upon the margin of the record of the mortgage a note of 10
reference to the record of such instrument. 1 1
Marginal ref-
erences on
record of cer-
tain mortgages.
1909, 160.
Section 21. \Mien an instrument described in the preceding section
affecting a mortgage is recorded, and it refers by book and page to the
record of the mortgage, the register shall enter upon the margin of sucli
record, if in the same registry, a notation of the record of the instrument
containing such reference.
Noting instru-
ments affecting
tax deeds.
1878,266, §11.
P. S. 24, § 20.
R. L. 22, § 23.
Section 22. If an assignment, release, partial release, discharge or
disclaimer affecting title to land created by a sale or taking for payment
of a tax or assessment is recorded, the register shall make a note of refer-
ence thereto on the margin of the record of the deed or instrument of
sale or taking, if in his registry and referred to in such conveyance.
CertiBcate on
deed of date
and place of
record.
1697, 21, § 5.
Section 23. He shall certify upon every instrument recorded by him 1
the time when received and the number of the book and leaf or page 2
where recorded. 3
R. S. 59. § 5.
G. S. 17, § 95.
P. S. 24. § 21.
R. L. 22, § 24.
C"lL\P. 36.] KEGISTEKS OF DEEDS. 381
1 Section 24. Notice of a federal tax lien on any property or rights FwieraUax
2 thereto, or a certificate of discharge of such a lien, may he filed without discharges
3 the payment of any fee witli the register of deeds of the county where the aifng" ' "^
4 property is situated and shall be recorded.
1915, 120, §§ 1, 2. 1927. 63, § 1. 1928, 380, § 1.
1 Section 25. He shall keep two indexes, each divided into six columns, indexes and
^ • 1 1 1. • r 11 form thereof.
2 With headings in one as lollows: i845, 205, § 1.
° G. S. 17, § 96.
P. S. 24, § 22.
' 1885, 29.
Town where the Land R. L- 22, § 25.
lies.
Date of
Reception.
Grantors.
Grantees.
Book.
Leaf or
Page.
3 And in the other as follows:
Date of
Reception.
Grantees.
Grantors. Book.
Leaf (
Town where the Land
lies.
4 In Suffolk county neither index need contain the last column.
1 Section 26. He shall, within twenty-four hours after a deed or other Entries in
2 instrument which he is by law required to record has been left for record, a"n1fhow made.
3 cause the name of each grantor, grantee or other party thereto to be J?*|; i?f§i?;
4 entered at length and alphabetically in the appropriate index, and in f^l, I^^Il'
5 the appropriate column, if any, the name of the town where the land R- i-' 22', § 26.
6 described in the instrument lies, if the same is therein disclosed. Within
7 a reasonable time after such instrument has been recorded, he shall
8 affix to such entry the number of the book and leaf or page where recorded.
1 Section 27. When an instrument by which a person transfers or Names to be
2 conveys by authority of law the real estate of another is left for record, fndexes in cer-
3 the register shall enter in the entry book and grantor index both the eases'"™'''
4 name of the nominal grantor and that of the real party in interest, if }||^; fgl; | f
5 appearing therein, otherwise he shall enter such party as "unknown", ^jfg'gg
6 under the letter U. When notice of the filing of a petition for partition p s. m, y*^
7 or of amendment thereof, or a copy of a decree in partition is left for i9i7, 279.
8 record, he shall enter in the entry book and in both the grantor and ^^''' '®'
9 grantee indexes the names of all persons whose estates plainly appear to
10 be affected thereby.
1 Section 28. Each register, except in Suffolk county, shall annually, ciassiaed
rt • I * P Copies Oi
2 at the expense of the county, cause competent persons to make copies of indexes.^
3 the indexes of the preceding year, in which the grantors and grantees Jss?; 38T'277.'
4 shall be classified by their respective surnames in alphabetical order, and p f; ll\ \f^/
5 arranged thereunder in the order in which the deeds and other con- r*®l'. Ili^'i^s!
6 veyances to which they refer were left for record. He may also cause iOp.a.g. 308.
7 the Christian names of the grantors and grantees, as well as their sur-
8 names, to be arranged in alphabetical order in such lists. Such copies
9 shall in other respects be in the form required for the original indexes.
1 Section 29. A register may, with the consent of the county com- New or printed
*" I e ^ 2. J. indexes.
2 missioners, cause a competent person, at the expense ot the county, to isse, 292,
3 make copies of the indexes or new indexes to the records, or of any part g. s. 17, 1 104.
4 thereof. Such copies may be printed at county expense and sold at a fgg^is, wsffl'.
5 price not less than the cost of printing, paper and binding. ^ ^ 22, § 29.
382
REGISTERS OF DEEDS.
[Chap. 36.
Estimates of
expense of
indexes.
1896, 443.
« 3, 4.
R. L. 22
30.
Section 30. Each register, except in Suffolk county, shall annually, 1
before January first, file with the county commissioners an estimate in 2
{letail of the character, amount and cost of indexing which, in his judg- 3
ment, may be required for the ensuing year, and the commissioners shall 4
include in the estimates for county taxes so much thereof as in their judg- 5
ment is necessary. The amount authorized by the general court may, 6
under the direction of the register, be expended for the purposes specified 7
in his said estimate, and shall be paid to the persons actually performing 8
the work, on approval of the bills by the commissioners. 9
Index com- SECTION 31. In Suffolk county all the powers and dutics cxcrcised in
Suffolk county, other countics by the registers, with or without the consent of the county
PS.' 24, §27. commissioners, under sections twenty-eight and twenty-nine, shall be
R."!,'. 22! § 31. exercised by an unpaid board of three index commissioners, of whom
1902, 422. ^jjg ^Yiall annually, in March, be appointed by the justices of the superior
court, for a term of three years beginning with the first day of April follow-
ing. A commissioner may be removed by said justices for cause, and
a vacancy shall be filled by them for the unexpired term.
1
2
3
4
5
6
7
8
Notice to
commissioner
Section 31A. Within sixty days after the recording of any deed in
ot™OTporationB, which the grantee is described as a trustee, or of any declaration of trust,
deeds^ind""' the rcgistcr in whose office such deed or declaration is recorded shall send
of t'rust'™^ by mail to the commissioner of corporations and taxation a notification
1921,207. jjf ^j^g recording thereof, stating the name of the grantor and of the
grantee or the trustee, and the date of recording.
Notice to de-
partment of
public welfare
of instruments
creating chari-
table trusts,
etc.
1915, 14.
1919, 350, § 87.
Section 32. Whenever there is filed for record in a registry of deeds
any deed of trust or other instrument creating or increasing an estate or
fund for benevolent, charitable, humane or philanthropic purposes, the
register shall forthwith send to the department of public welfare a state-
ment noting the book and page of the record, with the name, if any, of
the said estate or fund, and by whom the said estate or fund has been
created or increased, and by whom it is to be administered.
Salaries.
P. S. 24, § 29.
1895, 493, § 1.
R. L. 22. § 32.
1904, 452. I 1.
1919, 361,
§§ 1, 3, 4.
Section 33. The salaries of registers of deeds and all assistant
registers of deeds shall be paid by their respective counties; and the
salaries of registers of deeds shall be in full for all services rendered as
register and as assistant recorder of the land court.
4 Op. A. G. 296.
19.30, 400, §5 5, 7-
1931, 301, 5 11.
1 Op. A. G.308.
3 Op. A. G. 360.
1
2
3
4
Section 34. [Repealed, 1931, 301, § 12.]
Section 35. [Repealed, 1931, 301, § 12.]
Section 36. [Repealed, 1931, 301, § 12.]
Nocompen- SECTION 37. No register or assistant register shall demand or re- 1
?egisters°or ccivc, dircctlv Or iudirccth', compensation for title work performed by 2
• - - 3
assistant
registers for
title work.
him or under his direction, in his registry.
1919. 361. § 5.
derlcaTasslst""^ SECTION 38. Registers shall annually be allowed for clerical assist- 1
ance!* tc^"'^ ance in their respective registries, to be paid by their respective counties, 2
1896: 172. * ^' such amounts as shall be approved by the county commissioners. 3
H. L. 22, §33. 1930. 400, §5 5, 7-9. 1931 , 301, § 13.
Chaps. 36, 37.]
REGISTERS OF DEEDS. SHERIFFS.
383
1 Section 39. Each register shall enter in a cash book, which shall be Accounts
2 the property of the county, all fees received by him for all official acts isos^ws, §3.
3 and services; and he shall, on the first day of each month, pay to the ^■^■■^^- ^^*-
4 county treasurer, or other officer entitled to receive the same, all fees
5 received during the preceding month, and shall render to him a sworn
6 account thereof.
CHAPTER 37
SHERIFFS.
Sect.
1. Election of sheriffs.
2. Oath and bond.
3. Appointment of deputies.
4. Special sheriff.
5. Duties of special sheriffs.
6. [Repealed.]
7. Penalty for neglect to give bond.
8. Suits on bonds of sheriffs.
9. State treasurer to furnish copies of
sheriff's bonds.
10. Sheriffs not to be arrested in civil suits.
Executions to run against their prop-
erty only.
11. Sheriffs and their deputies to serve
precepts, etc.
Sect.
12. Sheriffs and their deputies maj' serve
demands, etc.
13. Sheriffs and their deputies may re-
quire aid.
14. Sheriffs and their deputies may serve
writs after removal.
15. Service of writs for and against sheriffs.
16. Sheriffs ordeputies to attend courts, etc.
17. Salaries, etc., of sheriffs.
IS. [Repealed.)
19. [Repealed.]
20. [Repealed.]
21. Traveling expenses of sheriffs.
22. Sheriffs to account for fees, etc.
23. Annual return.
1 Section 1. A sheriff shall be elected in each county, as provided in Election of
2 section one hundred and fifty-nine of chapter fifty-four, for six years, const.'amend.
3 beginning with the first Wednesday of January following his election, Jg^^^^ j^^.^
4 and until his successor is qualified.
18.56, 173, §5 1, 5. 1893, 417, 5§ 256, 258. 1913, 835, |§ 388, 391, 503.
G. S. 10, § 5. 1898, 54S, H 319, 322.
P. S. 10, § 5. R. L. 11, §§ 322, 325.
1890, 423, § 192. 1907, 560, §§ 350, 353. 456.
art. 62.)
1917, 255, § 1.
1918, 114, § 2.
1919, 269, §§23, 26.
1 Section 2. A sheriff, before performing any official act shall be
2 sworn and shall give to the state treasurer a bond in such amount and
3 with such sureties as the superior court shall order and approve, con-
4 ditioned to perform faithfully his own duties and to be responsible for
5 the official acts of his deputies. A default, malfeasance or misfeasance
6 in office of a deputy sheriff or jailer after the death, removal or resigna-
7 tion of the sheriff' by whom he was appointed, shall be a breach of the
8 bond of such sheriff.
R. L. 23. §§ 1, 11.
1914, 615.
1920, 546, § 2.
1924. 404, § 4.
217 Mass. 294.
259 Mass. 310.
Oath
and bond
1699-
1700,
9. §1
1783,
44, § 1.
1794,
53, § 2.
1808,
46, § 2.
R. S.
14,
§§•58
,77.
1853,
69.
G. S.
17,
§§51
,63.
PS.
25,
§§1,
15.
1 Section 3. A sheriff may appoint deputies, who shall be sworn be- ^ppointment
2 fore performing any oflBcial act.
178.3, 44, §1. G. S. 17, §53. R. L. 23, §2.
R. S. 14, § 59.
G. S. 17,
P. S. 25, § 2.
1 Section 4. He shall appoint a special sheriff, who shall be sworn speciaisherift.
2 and shall give such bond to the sheriff' as he may require for the faithful i88i;|8.'
3 discharge of his duties. A special sheriff shall have the authority of a §§3; 4.'
384
SHERIFFS.
[Chap. 37.
R. L. 23, deputy sheriff. Upon his qualification, the sheriff shall send a written 4
1918,157, §144. notice thereof, giving the name and residence of the appointee, to the 5
state secretary, who shall record such notice in a book kept for the 6
purpose. '
1919, 5
1920. 2.
1 Met. 508,
Duties of
special sheriffs.
1877, 200,
§23.
18S0, 167,
§§1,2.
P. S. 25,
§§ 4. 5.
R. L. 23,
§§4. 5.
1918,257, §144.
1919, 5.
1920, 2.
Section 5. If, by reason of illness, absence, interest or otherwise, 1
the sheriff is unable to perform his official duties, they shall be performed 2
by the special sheriff, and compensation therefor, if not otherwise pro- .3
vidcd for, shall be paid by the sheriff'. During a vacancy in the office of 4
sheriff', the special sheriff, first giving bond as required of the sheriff, 5
shall perform all the duties of the sheriff", and the deputies of the former 6
sheriff shall continue to exercise the powers of deputy sheriff's. 7
Section 6. [Repealed, 1924, 404, § 5.] 1
Section 7. A sheriff neglecting or refusing to give bond as required 1
in section eighteen of chapter thirty shall forfeit one hundred and fifty 2
dollars for each month's neglect, at the suit of the attorney general. 3
The superior court shall forthwith certify the fact of such neglect or 4
refusal to the governor and council and to the attorney general, and, 5
unless the sheriff satisfies the governor and council that there was reason- 6
^ able cause for such neglect and gives security to their satisfaction within 7
1924] 404, § 6. twenty days after the receipt of such certificate, the governor, with the 8
advice and consent of the council, shall remove him from office. 9
Penalty for
neglect to
give bond.
1794, 53. § 2.
1824, 23. §2.
R. S. 14, § 63
G. S. 17, § 56
P. S. 25. § 8.
R. L. 23, §7.
1918, 257,
§ 145.
1919, 5
1920, 2
Suits on bonds
of sheriffs.
1805, 99. § 1.
H. S. 14,
§§ 64, 65.
G. S. 17, § 57.
P. S. 25. § 9.
R. L. 23. § 8.
17 Mass. 567.
13 Gray, 384.
195 Mass. 411.
Section 8. The holder of a judgment against a sheriff or his estate, 1
for a cause which constitutes a breach of the condition of his official bond, 2
or a person who has obtained an allowance of such claim against his 3
estate, if settled as insolvent, may, at his own expense, prosecute a suit 4
on such bond in the name of the state treasurer, and the proceedings shall 5
be the same as in a suit by a creditor on an administration bond. 6
217 Mass. 294. 259 Mass. 310.
State treasurer
to furnish
copies of
sheriff's bonds.
1805. 99. § 3.
R. S. 14. § 67.
G. S. 17. § 59.
P. S. 25. § 11.
R. L. 23. § 9.
Section 9. The state treasurer shall deliver an attested copy of the 1
official bond of any sheriff' to any person applying and paying therefor, 2
which shall be received as competent evidence in a case relating to the 3
bond ; but if the execution of the bond is disputed, the court may require 4
the said treasurer to produce the original in court. 5
Sheriffs not to
be arrested ia
civil suits.
Executions to
run against
their property
only.
1783, 44, § 4.
R. S. 14.
§§73-76.
G. S. 17.
§§60-62.
P. S. 25.
§§ 12-14
R. L. 23,
10.
Section 10. A sheriff shall not be arrested upon mesne process or 1
execution in a civil action. If judgment is rendered against him, either 2
in his official or pri\ate capacity, the execution shall issue against his 3
goods, chattels and land, but not against his body. If such execution 4
is returned unsatisfied, the creditor may file with the governor and 5
council an attested copy of the execution and return, and notify the 6
sheriff. If he does not, within thirty days after such notice, pay to the 7
creditor the whole amount of his debt, with reasonable costs of the copies 8
and notice, the governor, with the advice and consent of the council, 9
shall remove him from office. After the appointment of his successor, 10
the clerk of the court from which any execution against him has issued, 11
upon the return tiiereof unsatisfied, shall issue alias executions in com- 12
mon form, as well against the body as against the goods, chattels and 13
land. li
Chap. 37.] sheriffs. 385
1 Section 11. Sheriffs and their deputies shall serve and execute, sheriffs and
2 within their counties, all precepts lawfully issued to them and all other to'Ler've''"'"^
3 process required l\v law to be ser\etl by an officer. They may serve Tri^l^it'. fi.
4 process in cases wherein a county, city, town, parish, religious society \flf_ \f ^ ^■
5 or fire or other district is a party or interested, although they are inhab- Rj |g i*^
6 itants or members thereof.
G S. 17. § 65. R. L. 23. 5 12. 135 Mass. 191.
P. S. 23, § 16. 130 Mass. 113. 191 Mass. 503.
1 Section 12. They may serve by copy, by them attested, demands, sheriffs and
2 notices and citations not required by law to be served by an officer, and may ser?" "'^
3 their returns of service thereof shall be prima facie evidence. demands, etc.
G. S. 17, 5 66. p. S. 25, § 17. R. L. 23, § 13.
1 Section 13. They may require suitable aid in the execution of their sheriffs and
2 office in a criminal case, in the preservation of the peace, in the appre- may reqJuref^
3 bending or securing of a person for a breach of the peace and in cases c. L. 103, § a.
4 of escape or rescue of persons arrested upon civil process.
1698,20.5 1. R. S. 14, § 72. P. S. 25, § 18. 3 Op. A. G. 488,
1795, 68, i 1. G. S. 17, § 67. R. L. 23, § 14. 515.
1 Section 14. They may execute precepts in their hands at the time sheriffsand
2 of their removal from office; and, upon a vacancy in the office of sheriff, may serve "'^
3 every deputy in office under him, having a writ or precept in his hands, J^nSvIi.'"^
4 shall have the same authority to serve, execute and return the same, Isositeils;
5 as if the sheriff had continued in office.
R.S. 14. §70. p. S. 25. §19. 13 Pick. 477.
G.S. 17, §0S. R.L.23, §15. 120 Mass. 143.
1 Section 15. If a sheriff is a party to a suit or other proceeding, any Service of
2 writ, precept or process therein, required to be served or executed by rgainst'sh^'riffs.
3 a sheriff or deputy sheriff, shall be served or executed by the sheriff of \lll[ Iqq] ^ ^^•
4 an adjoining county, or his deputy.
p. S. 25, § 20. 1885, 75. R. L. 23, § 16.
1 Section 16. Sheriffs, by themselves or by their deputies shall attend ^|;^„\'J|g''[o
2 all sessions of the supreme judicial and superior courts in their respective attend courts,
3 counties, and, when required, meetings of the county commissioners.
1859, 257, § 3. P. S. 25, § 21. 1931, 426, § 152.
G. S. 17, § 69. K. L. 23, § 17.
1 Section 17. The salaries of sheriffs shall be paid by their respective Salaries, etc.,
2 counties and shall, except as hereinafter provided, be in full compensation "egg-iVoo,
3 for all services rendered both as sheriff and as master or keeper of the jail ?83oriio,
3, 4.
S. 14,
4 or house of correction. If a sheriff elects to act as master or keeper of the ^^
5 jail or house of correction and resides thereat, he shall be entitled to rent, H^^'.^}-
6 heat and light, and such subsistence as he may desire out of the regular 5J i.'|^^ ^
7 subsistence rations purchased for prisoners. The sheriff of Dukes and of o s.' i7, '§ 70."
8 Nantucket county may, in addition to his salary, retain to his own use the isei! iii.
9 fees received by him for service of process.
1866, 298, §
11.
1886, 28.
1898. 324.
1912,548; 561.
1867,345.
1887,58; 164.
1900, 295.
1913, 481; 637.
1872, 350.
1888,95; 228;
R. L. 23.
S§18, 19.
1914,334.
1875, 137.
244.
1902, 359;
436.
1919. 287, §§1-5.
1879,269.
1889, 38.
1906, 233.
1930,400, §§5,7-9.
1881,158.
1891,154.
1907, 254.
1931, 301, § 14.
P.S.25, §§22,23.
1,894.153; 415.
1008, 397;
2 Op. A. G. 612.
1884, 209.
1897, 454.
442; 446.
Section 18.
[E
-EPEALED, 1931,
301
, § 15.1
386
SHERIFFS. MEDICAL EXAMINERS.
[Chaps. 37, 38.
Section 19. [Repealed, 1931, 301, § 15.]
Section 20. [Repealed, 1931, 301, § 15.]
1
Traveling
expenses of
sheriffs.
1897,434.
R. L. 23, § 18.
Section 21. Except in Suffolk, Dukes and Nantucket counties 1
sheriffs shall be entitled to receive from the county their actual traveling 2
expenses incurred in the performance of their official duties. 3
1902, 4:)6.
1907, 254.
1908, 397;
1912, 115.
1918, 257, 5 146.
1919, 5; 287, §§4,5.
1920, 2.
Sheriffs to
account for
fees. etc.
1830. 110, § 2.
R. S. 14, § 90.
1859, 257, § 2.
G. S. 17, § 71.
P. S. 25, § 24.
R. L. 23, § 20.
Section 22. Each sheriff .shall keep an account of all fees and money
received by virtue of his office, and, except as otherwise provided, shall
annually, on or before December fifteenth, render to the county treasurer
a sworn account thereof and, except as provided in section nineteen,
pay him the same.
Annual return.
1843, 75,
§54. 5.
1850, 31.
1859, 257.
G. S. 17,
§§ 72, 73.
P. S. 25,
l§25, 26.
E. L, 23, § 21.
Section 23. Sheriffs shall annually, on or before October fifteenth, 1
return to the state secretary on blanks provided by him a sworn account 2
of all money recei\ed by them for the year ending on the preceding 3
September thirtieth, designating the amounts receixed from the county 4
treasurer and from all other sources, and specifying the amounts received 5
for fees in civil and criminal processes. They shall also return the num- 6
ber of days of attendance upon the courts and upon the county commis- 7
sioners, and also the number of days of attendance upon more than one 8
of said tribunals simultaneously. If a sheriff neglects to make such 9
return, he shall forfeit two hundred dollars. 10
CHAPTER 38,
MEDICAL EXAMINERS.
Sect.
1. Appointment of medical examiners and
associate examiners in tlie several
counties.
2. Duties of associate examiners.
3. Official bonds, etc.
4. Breach of condition of bond.
5. Salaries, fees, etc.
6. Duties of exj.miners. Autopsy, when
authorized.
7. Report to district attorney and court.
Certificate to town clerk.
8. Inquest.
9. Jurisdiction extended.
10. Appointment of officer to investigate.
11. Report of ewdence and magistrate's
report in certain cases to be sent to
department of public utilities,
12. Report on inquest.
Sect.
13. Arrest of person charged with crime.
Binding over of witnesses.
Use of embalming fluid restricted.
Delivery of body for burial.
View of body intended for cremation.
Compensation for landing body found
in water.
Custody and delivery of personal
property found upon or near body.
Penalty.
Return, audit and p.ayment of fees and
expenses.
Returns to state secretary.
Fees for records and returns.
Secretary to provide record books, etc.,
bind and index returns, and insert
tabulations thereof in annual report.
Appointment SECTION 1. The govcmor, with the advice and consent of the council,
examiners and shall appoint for teriiis of seven vears able and discreet men, learned
examiners in in tlic .scicncc of iiiedicine, as medical examiners in and for their respec-
countie"" tive countics, and as associate medical examiners in aiul for their respec-
Chap. 38.] medical ex.vminers. 387
5 tive districts in counties divided into districts, otherwise in and for their istv, 200,
6 respective counties, in number as follows: isso, 59, § 2.
1881,295. P. S. 26. §§1-4. 1898, 318, § 1. R. L. 24, §§ 1, 2.
7 Two examiners and two associate examiners in Suffolk county, and fgf2°'466
8 one examiner and one associate examiner in Nantucket county and in i93i. 222, § 1.
9 each of the foilowinfi; districts, except in district two in Barnstable Nantucket.
10 county in and for which one examiner and two associate examiners shall dS'^'i'l'i^o.
11 be so appointed:
12 Barnstable county, district one, comprising Harwich, Dennis, Yar- BamataUe.
13 mouth, Brewster, Chatham, Orleans and Eastham; district two, Barn-
14 stable, Bourne, Sandwich, Mashpee and Falmouth; and district three,
15 Provincetown, Truro and WellHeet.
1() Berkshire county, district one, comprising North Adams, Williams- Berkshire.
17 town, Clarksburg, Adams, Florida, Savoy, New Ashford and Cheshire;
IS district two, Pittsfield, Lanesborough, Windsor, Dalton, Hinsdale,
19 Peru and Hancock; district three, Richmond, Lenox, Washington,
20 Becket, Lee, Stockbridge, Tyringham and Otis; and district four. West
21 Stockbridge, Alford, Great Barrington, Monterey, Sandisfield, New
22 Marlborough, Sheffield, Egremont and Mount Washington.
23 Bristol county, district one, comprising Attleboro, North Attle- ^"^j°^-.„
24 borough, Seekonk, Norton, RLmsfield and Rehoboth; district two,
2.5 Taunton, Raynham, Easton, Berkley and Dighton; district three. Fall
26 River, Somerset, Swansea, Freetown and Westport; and district four,
27 New Bedford, Dartmouth, Fairhaven and Acushnet.
28 Dukes county, district one, comprising Edgartown and Oak Bluffs; ^"^"^^giR
29 district two, Tisbury, West Tisbury and Gosnold; and district three, 1907! 27. '
30 Chilmark and Gay Head.
31 Essex county, district one, comprising Gloucester and Rockport; Essex.^
32 district two, Ipswich, Rowley, Hamilton and Essex; district three,
33 Newburyport, Newbury, West Newbury, Amesbury and Salisbury;
34 district four, Haverhill and Merrimac; district five, Lawrence, Methuen,
35 Andover and North Andover; district six, Georgetown, Boxford, Tops-
3() field and Groveland; district seven, Beverly, Wenham and Manchester;
37 district eight, Peabody, Danvers, Middleton and Lynnfield; district
38 nine, Lynn, Saugus, Nahant and Swampscott; and district ten, Salem
39 and Marblehead.
40 Franklin county, the northern district, comprising Orange, Erving, Franklin.
41 Warwick, New Salem and Wendell; the eastern district, Bernardston, 1920! 12.'
42 Gill, Greenfield, Leverett, Montague, Northfield, Shutesbury and
43 Sunderland; and the western district, Ashfield, Buckland, Charlemont,
44 Colrain, Conway, Deerfield, Hawley, Heath, Leyden, Monroe, Rowe,
45 Shelburne and Whately.
4(i Hampden county, district one, comprising Brimfield, Holland, Palmer, Hampden.
47 Monson and Wales; district two, Springfield, Agawam, Ea.st Long- 1894! 418!
48 meadow, Longmeadow, West Springfield, Wilbraham and Hampden; i^'i'^^^-
49 district three, Holyoke; district four, Blandford, Chester, Granville,
50 Montgomery, Russell, Southwick, Tolland and Westfield; and district
51 five, Chicopee ami Ludlow.
52 Hampshire county, district one, comprising Northampton, Chester- Hampshire.
53 field, Cummington, Goshen, Hatfield, Plainfield and Williamsburg;
54 district two, Easthampton, Huntington, Middlefield, Southampton,
55 Westhampton and Worthington; district three, Amherst, Granby,
5() Hadley, Pelham and South Hadley; and district four, Belchertown,
57 Enfield, Greenwich, Prescott and Ware.
1896, 365.
388
MEDICAL EXAMINERS.
[ClL\P. 38.
Middlesex.
1884, 309.
1888, 374.
1890, 320.
1892, 324, 355.
1899, 162.
Norfolk.
1885, 37.
1888, 47, 347.
1897, 226.
1913, 335.
1931,426,
§ 153.
Plymouth.
1886. 48, 74.
1888, 64.
Worcester.
1886, 126.
1901, 173.
1908, 135.
1915, 278.
1916, Sp. 282.
1920, 178.
Middlesex county, district one, comprising Cambridge, Belmont and 58
Arlington; district two, Maiden, Somerville, Everett and Medford; 59
district three, Melrose, Stoneham, Wakefield, Wilmington, Reading 60
and North Reading; district four, Woburn, Winchester, Lexington 61
and Burlington; district five, Lowell, Dracut, Tewksbury, Billerica, 62
Chelmsford and Tyngsborough ; district six. Concord, Carlisle, Bedford, 63
Lincoln, Littleton, Acton and Boxborough; district seven, Newton, 64
Waltham, Watertown and Weston; district eight, Framingham, Way- 65
land, Natick, Sherborn, Holliston, Hopkinton and Ashland; district 66
nine, Marlborough, Hudson, Maynard, Stow and Sudbury; district ten, 67
Ayer, Groton, Westford, Dunstable, Pepperell, Shirley, Townsend and 68
Ashby. 69
Norfolk county, district one, comprising Dedham, Needham, Welles- 70
ley, Westwood, Norwood and Dover; district two, Cohasset; district 71
three, Quincy, Milton and Randolph; district four, Weymouth, Brain- 72
tree and Holbrook; district five, Avon, Stoughton, Canton, Walpole 73
and Sharon; district six, Franklin, Foxborough, Plainville and Wren- 74
tham; district seven, Medway, Medfield, Millis, Norfolk and Belling- 75
ham; and district eight, Brookline. 76
Plymouth county, district one, comprising Brockton, West Bridge- 77
water, Ea.st Bridgewater, Bridgewater and Whitman; district two, 78
Abington, Rockland, Hanover, Hanson, Norwell and Pembroke; district 79
three, Plymouth, Halifax, Kingston, Plympton and Duxbury; district 80
four, Middleborough, Wareham, Mattapoisett, Carver, Rochester, 81
Lakeville and Marion; and district five, Hingham, Hull, Seituate and 82
Marslifield. 83
Worcester county, district one, comprising Athol, Dana, Petersham, 84
Phillipston and Royalston; district two, Gardner, Templeton and 85
Winchendon; district three, Fitchburg, Ashburnham, Leominster, 86
Lunenburg, Princeton and Westminster; district four, Berlin, Bolton, 87
Boylston, Clinton, Harvard, Lancaster and Sterling; district five, 88
Grafton, Northborough, Southborough and Westborough; district six, 89
Hopedale, Mendon, Milford and Upton; district seven, Blackstone, 90
Douglas, Millville, Northbridge and Uxbridge; district eight, Charlton, 91
Dudley, Oxford, Southbridge, Sturbridge and Webster; district nine, 92
Brookfield, East Brookfield, North Brookficld, Spencer, Warren and 93
West Brookfield; district ten, Barre, Hubbardston, Hardwick, New 94
Braintree, Oakham and Rutland ; and district eleven, Worcester, Auburn, 95
Holden, Leicester, Millbury, Paxton, Shrewsbury, Sutton and West 96
Boylston. 97
Duties of
associate
examiners.
1880, 59. § 1.
1881,295.
P. S. 26. I 3.
1898, 318, § 2.
R. L. 24, § 3.
1912, 466, 5 2.
Section 2. The associate medical examiners for Suffolk county 1
shall, at the request of either of its medical examiners, perform the 2
duties and have the powers of medical examiners. Each medical ex- 3
aminer shall in each year be entitled to two months' service in the 4
aggregate from the associates. As.sociate examiners in the other coun- 5
ties shall, in the absence of the medical examiners or in case of their 6
inability to act, perform in their respective districts all the duties of 7
medical examiners. 8
Official bonds. SECTION 3. Each examiner and associate examiner, before entering 1
S- 1- ]*• I ''^ upon his duties, shall be sworn and give bond for the faithful performance 2
1877,206, ' thereof, in the sum of five thousand dollars, to the comity treasurer, 3
§15,24. ' > J >
ClL\P. 38.] MEDICAL EXAMINERS. 389
4 with sureties by him approved. Failure for three months after ap- isso, 59, 5 2.
5 pointment to give such bond shall render his appointment void. 55 5^ 7.'
R. L. 24. §§4, 5. 1924, 404, §7. 2 Op. A. G. 115.
1914, 637. 259 Mass. 310.
1 Section 4. Upon breach of the condition of such bond to the in- Breach of
2 jury of any person, the principal may be removed from office and action bond.
3 brought thereon in like manner as upon the bond of a sheriff. §; |; \*[ | ^f
1877, 200, 5 24. R. L. 24, § 6.
P. S. 26, § 8. 259 Mass 310.
1 Section 5. In Suffolk county each medical examiner shall receive Salaries,
2 from the county a salary of si.\ thousand dollars, and each associate i877,'^2oo. § 3.
3 medical examiner a salary of one thousand dollars; but if either associate R^s.'le.^j 9,
4 serves in any year more than two months, he shall for such additional Jggg' Hf ^ '•
5 service be paid at the same rate, and the amount so paid shall be de- 1*92, 286.
6 ducted from the salary of the medical examiner at whose request he so i908, 424.
. . . . . 1918 249
7 serves. The medical examiners for said county shall be provided with 1919! he] 230.
8 rooms suitably furnished for the performance of their duties, the rent, 1927! 200! §1';
9 furnishing and office equipment of which shall be paid for by said county ^^^' ^ ^'
10 upon approval of the mayor of Boston. Each of said medical examiners
11 may, in the name of the county, contract such bills for clerical service,
12 postage, stationery, printing, telephone, traveling, and for such other
13 incidental expenses as may in his opinion be necessary for the proper
14 performance of his duty, to an amount not exceeding eighty-five hundred
1.5 dollars in any one year; and each associate may so contract bills for
16 the said purposes to an amount not exceeding one thousand dollars in
17 any one year; and all such bills shall be paid by said county, upon a
18 certificate by the contracting examiner that they were necessarily in-
19 curred in the performance of his duty, and upon the approval of the
20 auditor of Boston, as provided in section nineteen, and of the mayor.
21 Medical examiners and associate medical examiners in other counties
22 shall receive fees as follows: For a view without an autopsy, seven dol-
23 lars; for a view and an autopsy, thirty dollars; and for travel, ten cents
24 a mile to and from the place of view ; for attendance as a witness at in-
25 quests or in criminal cases in district courts, five dollars for each day
26 of such attendance, and for travel, ten cents a mile to and from the place
27 where such inquest or court trial is held.
1 Section 6. Medical examiners shall make examination upon the Duties of
2 view of the dead bodies of only such persons as are suppo.sed to have Autops^when
3 died by violence. If a medical examiner has notice that there is within ?877°2oo!''
4 his county the body of such a person, he shall forthwith go to the place "I'fe'^'
5 where the body lies and take charge of the same; and if, on view thereof flgg^'g^g' 'c'j
6 and personal inquiry into the cause and manner of death, he considers isaoi ^m! § 9.
7 a further examination necessary, he shall, upon written authorization 9, 19'.
8 of the district attorney, mayor or selectmen of the district, city or town 132 Mass! 261!
9 where the body lies, make an autopsy in the presence of two or more 219 mIss! 52!;
10 discreet persons, whose attendance he may compel by subpoena. Be- 2 0p.A.G. 95.
11 fore making such autopsy he shall call the attention of the witnesses
12 to tiie appearance and position of the body. He shall then and there
13 carefully record every fact and circumstance tending to show the con-
14 dition of the body and the cause and manner of death, with the names
15 and addresses of said witnesses, which record he shall subscribe. If a
16 medical examiner or an associate examiner considers it necessary to have
390
MEDICAL EXAMINERS.
[Chap. 38.
a physician present as a witness at an autopsy, such physician shall 17
receive a fee of five dollars. Other witnesses, except officers named in 18
section fifty of chapter two hundred and sixty-two, shall be allowed two 19
dollars each. A clerk may be employed to reduce to writing the results 20
of a medical examination or autopsy, and shall receive two dollars a 21
day. 22
The medical examiner may, if he considers it necessary, employ a 2.3
chemist to aid in the examination of the body or of substances supposed 2i
to have caused or contributed to the death, and he shall receive such com- 25
pensation as the examiner certifies to be just and reasonable. 26
Report to
district
attorney and
court.
Certificate to
town clerk.
1877, 200. § 0.
P. S. 26, § 12.
1885, 379, § 7.
1887, 310, § 2.
R. L. 24,
§5 8. 10.
1909, 273.
1916, 114.
207 Mass. 2.59.
214 Mass. 313.
219 Mass. 628.
Section 7. He shall forthwith file with the district attorney for his 1
district a report of each autopsy and view and of his personal inquiries, 2
with a certificate that, in his judgment, the manner and cause of death 3
could not be ascertained by \iew and inquiry and that an autopsy was 4
necessary. The district attorney, if he concurs, shall so certify to the 5
commissioners of the county where the same was held, or in Suft'olk 6
county, to the auditor of Boston. If upon such view, personal inquiry 7
or autopsy, the medical examiner is of opinion that the death may ha\e 8
been caused by the act or negligence of another, he shall at once notify 9
the district attorney and a justice of a district court or trial justice 10
within whose jurisdiction the body was found, if the place where found 11
and the place of the said act or negligence are within the same county, 12
or if the latter place is unknown; otherwise, the district attorney and 13
such a justice within whose district or jurisdiction the said act or negli- 14
gence occurred. He shall also file with the district attorney thus noti- 15
fied, and with the justice or in his court, an attested copy of the record 16
of the autopsy made as provided in the preceding section. He shall in 17
all cases certify to the town clerk or registrar in the place where the de- 18
ceased died his name and residence, if known; otherwise a description 19
as full as may be, with the cause and manner of death. 20
Inquest.
1877, 200,
§§ 10, 15.
P. S. 26.
§§ 13, 18.
1894, 53.5, § 5.
1897, 376, § 2.
R. L. 24,
§§ 11, 18.
1904, 119.
1909, 273, § 2.
1912. 443.
1918, 257,
§ 147.
1919, 5; 350,
§§ 111, 115,
117.
1920, 2.
219 Mass. 528,
552.
2 Op. A. G. 95.
Jurisdiction
extended.
1899, 207.
R. L. 24, § 12.
1918, 257,
5 148.
1019, 5.
1920, 2.
Section 8. The court or trial justice shall thereupon hold an inquest, 1
from which all persons not requiretl by law to attend may be excluded. 2
The district attorney, or any person designated by him, may attend the 3
inquest and examine the witnesses, who may be kept separate, so that 4
they cannot converse with each other until they have been examined. 5
Within sixty days after any case of death by accident upon a railroad, 6
electric railroad, street railway or railroad for private use an inquest 7
shall be held, and the court or justice shall give seasonable notice of the 8
time and place thereof to the department of public utilities. Within 9
a like period after any case of death in which a motor vehicle is involved, 10
an inquest shall be held, and the court or justice shall give seasonable 1 1
notice of the time and place thereof to the department of public works. 12
The attorney general or the district attorney may, notwithstanding the 13
medical examiner's report that a death was not caused by the act or 14
negligence of another, direct an inquest to be held, and likewise in case 15
of death by any casualty. 16
Section 9. If it appears that the place where the supposed act or 1
negligence occurred and the place wliere the body was found are both 2
without the limits of the judicial district of the court or the jurisdiction 3
of the trial justice notified by the medical examiner under section seven, 4
Chap. 38.] medical examiners. 391
5 the court or justice shall nevertheless proceed with the inquest and have
6 continuous and exclusive jurisdiction thereof if either place is within the
7 commonwealth and within fifty rods of the boundary line of such dis-
8 trict or jurisdiction, unless a prior and like notice shall have been issued
9 by a medical examiner in another county in accordance with said section.
1 Section 10. A district court about to hold an inquest may appoint Appointment
2 an officer qualified to serve criminal process to investisate the case and inv|8tiBate.^ ^
3 to summon the witnesses, and may allow him additional compensation r. l'. 24,'§ is'.
4 therefor, payable in like manner as the fees of officers in criminal cases.
1 Section 11. If a magistrate believes that an inquest to be held by him Report of
2 relates to the accidental death of a passenger or employee upon a railroad nmgfstrlte's
3 or electric railroad or a traveler upon a public or private way at a railroad "SV^ases
4 crossing, or to an accidental death connected with the operation of a d°epartm°ent°
5 street railway or of a railroad for private use, he shall cause a verbatim ^^-^^^^^
6 report of the evidence to be made and sworn to by the person making it; isss. 365.
7 and the report and the bill for services, after examination and written isgo! mo, § 9.
8 approval by the magistrate, shall be forwarded to the department of r. l' 24, § u.
9 Dublic utilities within thirtv davs after the date of the inquest, and, when \l\j\ ti. '
10 made, a copy of the magistrate's report on the inquest. The bill, when \^l'^j^^'
11 approved by said department, shall be forwarded to the comptroller and i923, 362, § 53.
12 paid by the commonwealth, assessed on the person owning or operating
13 such railroad or railway, and shall be collected in the same manner as
14 taxes upon corporations. The magistrate may in his discretion refuse
15 fees to witnesses in the employ of the person upon whose railroad or
16 railway the accident occurred.
1 Section 12. The magistrate shall report in writing when, where and ^^pJJ^* °°
2 by what means the person met his death, his name, if known, and all {.^^JlP^^^g^^-
3 material circumstances attending his death, and the name, if known, of ^ ^^j;-*^' ^gal.
4 any person whose unlawful act or negligence appears to have contrib- 219 Mass! 552!
5 uted thereto. He shall file his report in the superior court for the county
6 where the inquest is held.
1 Section 13. If a person charged by the report with the commission Arrest of
^ .iiici'i- £ I • person charged
2 of a crime is at large, the magistrate shall forthwith issue process tor his with crime.
3 arrest, returnable before any court or magistrate ha^■ing jurisdiction, of witnlssl?
4 If he finds that murder, manslaughter or an assault has been committed, If/a,""'
5 he may bind over, for appearance in said court, as in criminal cases, such \^ ^g^^^,
6 witnesses as he considers necessary, or as the district attorney may R- L; 2^1^
7 designate.
1 Section 14. No embalming fluid, or any substitute therefor, shall f;'a'fmfng'fl^d
2 be injected into the body of any person supposed to have met his death 5|l,'™f|^;
3 by violence, until a permit, signed by the medical examiner, has first been R. l'. 24, 5 20.
4 obtained.
1 Section 15. After an autopsy or a view or examination without an Delivery of
2 autopsy, the medical examiner shall deliver the body, upon application, bSriai."
3 to the "husband or wife, to the next of kin, or to any friend of the de- r"; 2^5 20.^'
4 ceased, who shall have priority in the order named. If the body is ^^^l l^o-^y
392
MEDICAL EXAMINERS.
[CIL4.P. 38.
1931, 394,
% 109.
unidentified or unclaimed for forty-eight hours after the view thereof, 5
the medical examiner shall deliver it to the board of public welfare of 6
the town where found, which shall bury it in accordance with section 7
seventeen of chapter one hundred and seventeen. 8
View of body
intended for
cremation.
1885, 263, § 4.
R. L. 24, § 22.
1920, 188.
Section 16. Medical examiners and associate examiners within 1
their respective districts shall, on application and payment or tender 2
of seven dollars, view the body and make personal inquiry concerning 3
the death of any person whose body is intended for cremation, and shall 4
authorize such cremation only when of opinion that no further examina- 5
tion or judicial inquiry concerning such death is necessary. 6
Cotnpensation SECTION 17. The mcdical examiner mav allow reasonable compen-
for landing . , , , i • , * • i i • i- •
body found sation, payable by the county in the manner provided in section mne-
1877, 200, § 18. teen, for services rendered in bringing to land a human body found in
b1 li. 24', 5 23. any of the harbors, rivers or waters of the commonwealth, but this pro\i-
sion shall not entitle any person to compensation for services rendered
in searching for a dead body.
Custody and
delivery of
personal
property found
upon or near
body. Penalty.
1877, 200,
S§ 19, 20.
P. S. 26.
5§ 22, 23.
R. L. 24,
§§ 24, 25.
13 Allen, 465.
Section IS. The medical examiner shall take charge of any money 1
or other personal property of the deceased found on or near the body, 2
and deliver it to the person entitled to its custody or possession, or, if not 3
claimed within sixty days, to a public administrator. For fraudulent 4
neglect or refusal so to deliver such property within three days after 5
demand, a medical examiner or an associate medical examiner shall be 6
punished by a fine of not more than five hundred dollars or by imprison- 7
meiit for not more than two years. 8
Return, audit
and payment
of fees and
expenses.
1877, 200, § 21,
P. S. 20, § 24.
1885, 379, § 7.
1887, 310, § 2.
R. L. 24, § 26.
Section 19. Every medical examiner shall return an account of the 1
expenses of each view or autopsy, including his fees, to the commissioners 2
of the county where held, or in Suffolk county to the auditor of Boston, 3
and shall annex to his return the written authorization of the autopsy. 4
The commissioners or auditor shall audit the same, and certify to the .5
county treasurer what items therein are just and reasonable, and he (i
shall pay the same to the person entitled thereto. No auditing officer 7
shall certify any fee for an autopsy until he has received from the dis- 8
trict attorney the certificate required by section seven. 9
Returns to
state secretary.
1885, 379.
§§ 3, 4.
R. L. 24, § 27.
Section 20. Every medical examiner and associate examiner shall
annually, on or before March first, transmit to the state secretary certi-
fied copies of the records of all deaths by him investigated during the
preceding year, and within sixty days after the expiration of his term
shall make like returns for so much of the year as he held office. For a
refusal or neglect so to do, he shall forfeit not less than ten nor more than
fifty dollars.
Fees for
records and
returns.
1885, 379, 5 4.
R. L. 24, § 2'J.
Section 21. Each medical examiner and associate examiner, includ-
ing those in Suffolk county, shall receive from the commonwealth twenty
cents for each of the first twenty deaths recorded and returned by him
in any year, as provided in the preceding section, ami ten cents for each
additional death so recorded and returned, as certified by the state
secretary.
Chap. 3S.] medical examiners. 393
1 Section 22. The state secretary shall, at the expense of the com- Secretary to
2 monwealth, prepare and furnish to the medical examiners blank record boolii.'etc'!'"^
3 books antl blank forms for returns, and shall cause the returns for each returnr.*'and'''''
4 year to be bound together in one volume with indexes; and shall pre- "ons'tS-'rraf in
5 pare therefrom such tables as will render them of utility, and shall make isgj'gfg"""-
6 annual report thereof to the general court in connection with the report P I' ^■. '. ,„
7 required by section twenty-one oi chapter lorty-SLX.
394
MUNICIPAL GOVERNMENT.
[Chap. 39.
TITLE VII.
CITIES, TOWNS AND DISTRICTS.
Chapter 39. Municipal Government.
Chapter 40. Powers and Duties of Cities and Towns.
Chapter 41. Officers and Employees of Cities, Towns and Districts.
Chapter 42. Boundaries of Cities and Towns.
Chapter 43. City Charters.
Chapter 43A. Standard Form of Representative Town Meeting Government.
Chapter 44. Municipal Finance.
Chapter 45. Public Parks, Playgrounds and the Public Domain.
Chapter 46. Return and Registry of Births, Marriages and Deaths.
Chapter 47. Infirmaries.
Chapter 48. Fires, Fire Departments and Fire Districts.
Chapter 49. Fences, Fence Viewers, Pounds and Field Drivers.
CHAPTER 39.
MUNICIPAL GOVERNMENT.
Sect.
CITY GOVERNMENT.
1. Allocation of powers.
2. Presiding officer of board of aldermen.
3. Election by municipal boards.
4. Presentation of orders to mayor. Veto
power.
5. Vacancy in the office of mayor.
6. Vacancies.
7. Holding of other office.
8. Ineligibility to salaried offices.
TOWN MEETINGS.
9. Time of meeting.
10. Warrant.
11. In case of vacancies in office of select-
men.
12. In case of refusal by selectmen.
Sect.
13. Quorum.
14. Election of moderator.
15. Duties of moderator. By-laws for regu-
lation of proceedings.
16. Appropriation, advisory or finance com-
mittees. Annual budget.
17. Moderator to preserve order.
IS. Moderator to receive votes.
19. Ballots on question of granting bever-
age Licenses.
20. Precinct voting.
21. Canvass of returns.
22. Designation of hour of annual town
meeting, etc.
23. Election of town officers and vote on
granting beverage licenses.
24. Effect of this chapter limited.
Allocation
of powers.
G. S. 19, § 2.
1876, 80.
P. S. 28.
55 2, 5.
R. L. 26,
5§ 2, 3, 8.
140 Mass. 485.
145 Mass. 384.
187 Mass. 461.
196 Mass. 220.
200 Mass. 175.
CITY GOVERNMENT.
Section 1. Except as otherwise provided by law, city councils shall
have the powers of towns; boards of aldermen shall ha\e the powers,
perform the duties and be subject to the liabilities of selectmen, except
with respect to a])pointments, and the mayor shall have the powers,
perform the duties and be subject to the liabilities of selectmen with
respect to appointments, but ail his appointments shall be subject to
confirmation and rejection by the aldermen, and upon the rejection of a
Chap. 39.] municipal government. 395
8 person so appointed the mayor shall within one month thereafter make 202 Mass. 402.
9 another appointment. In cities having a single legislative board other lor mIH: alf.
10 than a board of aldermen, such board shall, so far as appropriate and HI mIII fw!
1 1 not inconsistent with the express provisions of any general or special 233 Mass. 275.
12 law, have the powers, perform the duties and be subject to the liabilities
13 of the board of aldermen.
1 Section 2. If the mayor acts as presiding officer of the board of l^^]^l'^f
2 aldermen, he shall not vote in meetings of said board nor in conventions ^f«''fj^of_^
3 of the two branches of the city council. The board of aldermen may elect is7|,T93, § 2.
4 one of its number as president, who shall, in the absence of the mayor, imi is'o.
5 preside at meetings of the board. This section shall apply to every dty, ^ssVat'a.Vs''
6 notwithstanding any special law enacted prior to April twenty-ninth,
7 eighteen hundred and eighty-two.
1 Section 3. No election of a city officer by a municipal body or board J^'^^^j.^^^^
2 shall be valid unless made by a viva voce vote, each member present hgl^'i'^jg. j^g
3 answering to his name when called by the clerk or other proper officer, RgL^2b\ H^ '
4 stating the name of the person for whom he votes, or that he declines to 265 Mass! 162;
5 vote. The clerk or other proper officer shall record e\ery such vote. ^" ^'^^^ ^^®-
1 Section 4. Every ordinance, order, resolution or vote requiring the presentation
2 concurrence of the board of aldermen and of the common council, except may'o"" v°eto
3 the question of a convention of the two branches or of the election of an fg^g^isg
4 officer, shall be presented to the mayor. If he approves it, he shall sign J,%«'2^|^5|.^-
5 it; if he disapproves it, he shall return it, with his written objections, to ^^2^.^26,3^41
6 the branch wherein it originated, which shall enter such objections at i89 Mass! 513.
7 large on its records and again consider it; and if two thirds of the mem- 204 Mass! 202!
8 bers present and voting pass it, notwithstanding such objections, it shall, Ml Mass! 65.'
9 if not originally requiring concurrent action, be in force; but if originally |^| f^m ^
10 requiring concurrent action, it shall be sent, with the objections of the
11 mayor, to the other branch, where it shall be again considered, and if
12 passed by two thirds of the members present and voting, it shall be in
13 force ; but in all cases the vote shall be by yeas and nays. Such ordinance,
14 order, resolution or vote shall be in force if not returned by the mayor
15 within ten days after it has been presented to him. This section shall
16 not apply to budgets submitted under section thirty-two of chapter
17 forty-four, or to appropriations by a city council under section thirty-
18 three of said chapter.
1 Section 5. Except as otherwise provided by citv charters, upon the Vacancy in the
, ^1 1 • • 1 ■^■x. J. e office of mayor.
2 death, resignation or absence of the mayor, or his inat)Uity to periorni 1882, 182,
3 the duties of his office, the president of the board of aldermen shall per- flgl-.lgo,
4 form them; and if there is no such officer, or if he also is absent or unable |^ J; |g
5 from any cause to perform them, they shall be performed by the president l^/lifo. ^^^
6 of the common council, or, if there is no such oflicer, or if he is absent 211 Mass. les.
7 or unable to perform such duties, by such alderman as the board of
8 aldermen may from time to time elect, until the mayor or the president
9 of the board of aldermen is able to attend to said duties or until the
10 vacancy is filled. The person upon whom such duties devolve shall be
11 called "acting mayor" and shall possess the powers of mayor only
12 in matters not admitting of delay, and shall not make permanent
13 appointments.
396
MUNICIPAL GOVERNMENT.
[ClIAP. 39.
19.21,22,
1882. 164,
R. L. 8, § 5 (10)
26, §§ 31-34.
yji^iae?- Section 6. If, at or after the time for the mavor and aldermen to
1845, 217, , r> 1 • I • • 1 1
§§ 1, 2, 4. enter upon the performance oi their duties, it appears that the mayor or
G.s.'io, §§'6-8i the full number of aldermen has not been elected, such of said officers
p''s.'2"'§§ 17- as have been elected shall issue warrants for the election of a mayor or
of aldermen as the case may be. If none of said officers has been elected,
the president of the common council shall issue such warrants. If no
mayor has been elected, the president of the board of aldermen shall
perform the duties of the office until a mayor is chosen and sworn. If
there is a vacancy in the board of aldermen, in the common council,
or in a city or ward office which is to be filled by an election of the people, 10
the board of aldermen shall issue their warrant for an election to fill such 11
vacancy at a time and place designated by them. A city officer shall, 12
notwithstanding his removal from one ward of the city to another, con- 13
tinue to perform his official duties during his term of office. This section 14
shall not be in effect in any city unless the city council accepts it or has 15
accepted corresponding provisions of earlier laws. 16
Holding of
other office.
1S51, 70.
G. S. 10. § 12.
P. S, 28, § 23.
R. L. 26, § 35.
Section 7. The mayor or an alderman or a member of the common 1
council of a city which adopts this section or has adopted corresponding 2
provisions of earlier laws, may at the same time hold any other office 3
under the city government to which he may be chosen, except one of 4
emolument. 5
^aiarSd'officM Section 8. No mcmbcr of the city council shall, during the term for
1886. ^^^. 3g which he was chosen, either by appointment or by election of the city
195 Mask 173. council or of either branch thereof, be eligible to any office the salary of
254 Mass, 384. , • , • Ul U il V
3 0p A.G. 593. which is payable by the city.
Time of
meeting,
1785, 75, § 10.
R. S. 15, §§ 18,
25.
1837, .'52.
G. S, 18, 5 20.
P, S, 27, § 53. , , ,
1890, 423, § 209. the town
town meetings.
Section 9. Except as otherwise provided by special law, the annual
meeting of each town shall be held in February, IVIarch or April; and
other meetings may be held at such times as the selectmen may order.
Meetings may be adjourned from time to time, and to any place within
1893, 417. § 259.
1898, 548, § 324.
R, L. II, §327,
1907, 560, §§355, 456.
1913, 835, §§393, 503.
117 Mass. 384.
Warrant.
1785, 75, § 5,
R. S. 15, §§ 19-
22.
G.S. 18, §§21,
22
P,S. 27, §§54,
65,
1890,423,
§§210,211.
1893,417,
§260.
1898,548,
§325.
R. L. 11, § 328.
1907, 560,
§§ 356, 456.
1913, 835,
§§394, 503.
1917, 221, § 1.
1920. .591, § 1.
10 Mass. 105.
4 Pick. 258.
13 Pick, 305.
21 Piclc. 75.
5 Met. ,35.
6 Met, 340. 407.
1 Gush. 490.
Section 10. Every town meeting, except as hereinafter provided. 1
shall be called in pursuance of a warrant, under the hands of the select- 2
men, notice of which shall be given at least seven days before such meet- 3
ing. The warrant shall be directed to the constables or to some other 4
persons, who shall forthwith give notice of such meeting in the manner 5
prescribed by the by-laws, or, if there are no by-laws, by a vote of the 6
town. The warrant for all town meetings shall state the time and place 7
of holding the meeting and the subjects to be acted upon thereat. The 8
selectmen shall insert in the warrant for the annual meeting all subjects 9
the insertion of which shall be requested of tiiem in writing by ten or 10
more registered voters of the town and in the warrant for every special 11
town meeting all subjects the insertion of which shall be requested of 12
them in writing by one hundred registered voters or by ten per cent of the 13
total number of registered voters of the town. No action shall be valid 14
unless the subject matter thereof is contained in the warrant. Two or 15
Chap. 39.] municipal government. 397
16 more distinct town meetings for distinct purposes may be called by the ii Cush. 294,
17 same warrant.
3 Gray, 526. 117 Mass. 384. 131 Mass. .521. 16.') Mass. 183.
llGrkv, 340. US Mass. 354. 132 Mass. 289. 173 Mass. 591.
II .\llen, 8S. 122 .Mass. 290. 138 Mass. 286. 192 Mass. 455.
99 Mass. 472. 127 Mass. .502. 143 Mass. 110. 272 Mass. 547.
110 Mass. 39. 130 Mass. 270. 145 Mass. 50. 273 Mass. 111.
III Mass. 368.
In case of
vacancies in
1 Section 11. If a majority of the selectmen or any less number shall
2 vacate their offices, or if the full number shall fail to be elected or qualified, °^p7j°fp„
3 the selectmen in office may call a town meeting. If there are no remaining J^ss, 75, § 5^
4 selectmen, the town clerk may call it; and, if there is no town clerk, a a si is! 5 24!
5 justice of the peace may call it in the manner prescribed in the following isoo, 423, § 213.
6 section.
1893,417,1261. R. L. II, §329. 1913. 835, §§ 395, 503.
1898, 548. § 326. 1907, 560, §§ 357, 456. 1918, 291. § 24.
1 Section 12. If the selectmen unreasonably refuse to call a town in case of
2 meeting, a justice of the peace, upon written application of one hundred sefecTmen.
3 registered voters or of ten per cent of the total number of registered j^^*|' [|; 1 13
4 voters of the town, may call a meeting by a warrant under his hand, p- 1- j?' 5 .f|'
5 stating the subjects to be acted upon, directed to the constables of the jigg'^J^'f?!?'
6 town if there are any, otherwise to any of the persons applying therefor, lah's. 548,
7 directing them to summon the inhabitants qualified to vote in town af- r. l 11. §330.
8 fairs to assemble at the time and place and for the purposes expressed §§*'358!456.
9 in the warrant.
1913, 835, §§ 396, 503. 1917, 221, 5 2. 198 Mass, 488. 219 Mass. 200.
1 Section 13. Towns may prescribe by by-law the number of voters Quorum.
2 necessary to constitute a quorum at town meetings; provided, that a Ig^ils*; 55.
3 number less than a quorum may from time to time adjourn the same. ^^'^'^- •*•*■
4 This section shall not apply to such parts of meetings as are devoted
5 exclusively to the election of town officers.
1 Section 14. At every town meeting when moderators are not Election of
2 elected for the term of one year, a moderator shall first be chosen. The i78.5r75°'§ 6.
3 election of a moderator at a meeting for the choice of town officers shall \ll\[ %^ ^'
4 be by ballot, and the voting list shall be used thereat. 27.'34'^' ^^ ^^'
5 Any town or fire, water, light or improvement district which has so ?|, ■'!,•*• 55 25,
6 voted or hereafter so votes may at any annual election of town or dis- p s 27, §§ .58,
7 trict officers elect from the inhabitants thereof by ballot a moderator i887, 371, § 1.
8 to preside at all town or district meetings. His term of office shall begin §§ 214-216.
9 as soon as he is qualified, and shall continue until the next annual town §§''263* '2^73.
10 or district meeting and until his succcs.sor is qualified. Any town or dis- §5^|28^''|38.
1 1 trict which has elected a moderator for the term of one year shall there- R^ ^3/ '342
12 after elect a moderator at every annual election of town or district !?'',-• |*'^'
13 officers, unless the town or district votes to discontinue the electing of 1907^ seo.
14 moderators for said term. 4.56.
15 If a vacancy in the said office occurs during any term, it may be filled §5'|97^^4io,
16 by the voters of the town or district. If a moderator so elected is fgj^ 49
17 absent, a temporary moderator may be elected. uli^^'^'
18 In towns or districts where official ballots are used, the vote to elect isifl. s.
19 a moderator for the term of one year shall be taken at a meeting held 9 Mass! 262.
20 at least thirty days before the annual town or district meeting at which 103 wass. 543.
21 the vote is to become operative; and at the first annual meeting after i26Mm3:603!
22 the town or district has so voted a moderator shall be chosen as herein "* ^"^^ ^^*-
23 provided to serve at that meeting, and the moderator elected on the
398
MUNICIPAL GOVERNMENT.
[Chap. 39.
official ballot at that meeting shall act at subsequent town or district 24
meetings until his successor is qualified. 25
At every town or district meeting until a moderator or temporary 26
moderator is elected, the clerk of the town or district shall preside; but 27
if he is absent or if there is no clerk, the chairman of the selectmen or 28
prudential committee or body exercising similar powers, if present, 29
otherwise the senior member present in point of continuous service, 30
shall preside; but if no selectman or member of said committee or body 31
is present, the justice of the peace calling such meeting, if the meeting is 32
so called, shall preside. Such presiding officer shall have the powers and 33
perform the duties of a moderator. 34
Duties of
moderator.
By-laws for
regulation of
proceedings.
178.5, 75, § 6.
R. S. 15, §§ 28,
32.
G. S. 18, § 27.
P. S. 27, 5 60.
1890, 423,
§217.
1893. 417,
§264.
1898, 548,
§329.
R. L. 11, § 332,
1907, 560,
§§ 360, 456.
1912, 252.
1913, 835,
§§ .398, 503.
1918, 291, 5 25,
1919, 176.
182 Mass. 433.
Section 15. The moderator shall preside and regulate the proceed-
ings, decide all questions of order, and make public declaration of all
votes, and may administer in open meeting the oath of office to any town
officer chosen thereat. If a vote so declared is immediately questioned
by seven or more voters, he shall verify it by polling the voters or by
dividing the meeting unless the town has by a previous order or by by-
law provided another method. If a two thirds vote of a town meeting is
required by statute, the count shall be taken, and the vote shall be
recorded in the records by the clerk; but if the vote is unanimous, a 9
count need not be taken, and the clerk shall record the vote as unanimous. 10
A town may pass by-laws, subject to this section, for the regulation 11
of the proceedings at town meetings. Such by-laws shall be ai)proved 12
and published in the manner prescribed by section thirty-two of chapter 13
forty. 14
258 Mass. 139.
Appropriation,
advisory or
finance
committees,
.\nnual hutiget.
1910, 130, § 1.
1923, 388.
1929, 276.
Section 16. Every town whose valuation for the purpose of appor-
tioning the state tax exceeds one million dollars shall, and any other town
may, by by-law provide for the appointment and duties of appropriation,
advisory or finance committees, who shall consider any or all municipal
questions for the purpose of making reports or recommendations to the
town; and such by-laws may provide that committees so appointed
may continue in office for terms not exceeding three years from the
date of appointment.
In every town having a committee appointed under authority of this
section, such committee, or the selectmen if authorized by a by-law of 10
the town, and, in any town not having such a committee, the selectmen, 11
shall submit a budget at the annual town meeting. 12
Moderator to
preserve order.
1785, 75, § 6.
R. S. 15, §§ 29,
30.
G. S. 18, §§ 28,
29.
P. S. 27, §§ 61,
62.
1890, 423,
§§ 218. 220.
1893, 417,
§265.
Section 17. No person shall address a town meeting without leave 1
of the moderator, and all persons shall, at the request of the moderator, 2
be silent. If a person, after warning from the moderator, persists in dis- 3
orderly beha\-ior, the moderator ma>' order him to withdraw from the 4
meeting, and, if he does not withdraw, may order a constable or any 5
other person to remove him and confine him in some convenient place 6
until the meeting is adjourned. 7
1898,548,5 330. 1907. 560, §§ 361, 456. 16 Mass. 385.
R. L. 11, § 333. 1913, 835, §| 399, 503.
Moderator to
receive votes.
1822, 104, § 5.
R. S. 3, § 10.
G.S. 7, § 11.
Section IS. The moderator shall receive the \ote of any person 1
whose name is on the voting list or who presents a proper certificate from 2
the registrars of voters. 3
p S. 7, § 11. 1898, .548. § 346. 1907, .560. §§ .178. 4.56.
1890, 423, § 223. R. L, 11, §350.
1893, 417, § 281.
19 13, 835. §§418, 503.
Chap. 39.] municip.vl government. 399
1 Section 19. The state secretary shall, at least seven days before the Ballots on
2 annual meeting, send to the town clerk of each town not using official granting bever-
3 ballots liallots njjon the question of granting licenses for the .sale of fsss'.'TaTu.
4 certain non-intoxicating beverages, as defined in section one of chapter '^-'^j •'||'
5 one hundred and thirty-eight, therein, which shall contain the words: 1*93/417,
6 "Shall licenses be granted for the sale of beverages containing not less isosTsis,
7 than one half of one per cent nor more than two and three quarters per r l. n, §351.
8 cent of alcohol in this town?" "Yes." or "Xo.", and no other words. §§°379^^456.
9 Ballots of each kind shall be pro\ided in number equal to at least the l^'lig^'^sos.
10 number of registered voters in such town. They shall be distributed n^ig, {09
11 to the voters at the polling place under the direction of the town clerk.
1 Section 20. Towns divided into voting precincts may, for their Prednct voting.
2 annual to\\'n election, establish precinct voting for all town officers to § u^,' 2f 4.
3 be chosen thereat and for voting on the question of granting licenses for ^^Ifg.^*®'
4 the sale of certain non-intoxicating beverages, as defined in section one of Pn„V iJ^5 353.
ll-'ii ' !■ • 1907, 5bU,
5 chapter one hundred and thirty-eight, by acceptuig this section at a §§3si,456.
6 meeting held fourteen days at least before the annual town meeting, sso, §§421,
7 The acceptance of this section or corresponding provisions of earlier laws lois, 291, § 29.
8 may be revoked by the town at a meeting held thirty days at least before 202 lilal'. 539!
9 the amiual town meeting; and if so revoked this section shall cease to
10 be in force therein. In towns in which this section or corresponding pro-
1 1 visions of earlier laws are in force, all matters to be considered at the
12 annual town meeting, other than the election of town officers, and the sm chapter 54,
13 question of granting licenses for the sale of certain non-intoxicating °'''"°° ®'
14 beverages, as defined in section one of chapter one hundred and thirty-
1.5 eight, shall be in order only at a town meeting held within thirty days
16 after the date of the annual election, and not later than April thirtieth.
17 The time and place of holding such subsequent meeting shall be stated
18 in the warrant for the annual election, and said election, subsequent
19 meeting and its adjournments shall be regarded as parts of the annual
20 town meeting. The election of a moderator, except in towns where
21 moderators are elected for the term of one year, shall be the first business
22 in order at said subsequent meeting. Towns by vote or by-law may
23 authorize voting by precijicts at special elections of town officers.
1 Section 21. The town clerk and the board of registrars, upon receipt Canvass of
2 of the returns from the several precmcts, shall forthwith canvass the 1894,132. §2.
3 same, and immediately declare the result. ' '
1898, 548, § 350. R. L. 11, § 354. 1907. 560, §§ 382, 456. 1913, 835, §§ 422, 503.
1 Section 22. A town may by by-law designate the hour at which the Designation of
2 annual town meeting shall be callefl, and, subject to section sixty-four townmeltiTg*
3 of chapter fifty-four, may by vote or by-law designate the hours during fg{2, 473.
4 which the polls shall remain open; and may provide that all business, 'A'^^®^^'
5 except tlie election of such officers and the determination of such matters i^J*. 329. ^
6 as by law are required to be elected or determined by ballot, shall be
7 considered after a certain hour, or by adjournment to another day.
1 Section 23. A town which accepts this section or has accepted cor- Election of
2 responding provisions of earlier laws may provide that the election of and"vote""
3 town officers and the vote on the question of granting licenses for the ige"icenses°.^^'^'
4 sale of certain non-intoxicating beverages, as defined in section one Jgjg' H*-
5 of chapter one hundred and thirty-eight, shall take place at any time
400 [Chaps. 39, 40.
within seven days before or after the annual meeting held for the trans- 6
action of other business. The time and place of holding such election 7
and vote shall be stated in the warrant for the annual town meeting and 8
such election and vote shall be deemed parts of the annual town meeting. 9
fhfrcha'ter SECTION 24. The provisious of this chapter shall be in force only so 1
limited. far as they are not inconsistent with the express provisions of any general 2
or special law. 3
CHAPTER 40.
POWERS AND DUTIES OF CITIES AND TOWNS.
Sect.
1. Powers to continue.
2. Towns may sue and be sued.
3. Power to hold and convey property.
4. Power to contract.
PURPOSES FOB WHICH TOWNS MAY APPRO-
PRIATE MONEY.
5. Power to make appropriations.
6. Reserve funds.
6A. Municipal advertising.
6B. Uniforms for police and firemen.
7. Removal of snow and ice.
7A. Prevention of automobile accidents.
8. Enforcement of civil service law.
9. Armories, holidays, G. A. R., Ameri-
can Legion, etc., posts.
9A. Headquarters for camp of United
Spanish War Veterans.
10. Markets and market places.
11. Prevention of forest fires. Replacing
destroyed, etc., equipment.
12. Public baths or wash houses.
12A. Plants for purifying shellfish.
13. Municipal buildings insurance fund.
ISA. Workmen's compensation insurance
funds.
13B. Residence quarters for school phy-
sicians.
TAKING, PURCHASE AND ABANDONMENT OF
LAND.
14. Taking or purchase of land, etc.
15. Abandonment of land or easements.
STREET SPRINKLING.
16. Sprinkling of public ways.
17. Assessments for street sprinkling.
18. Collection of assessment.
PROVIDING NECESSITIES.
19. Providing necessities in time of dis-
tress.
20. Articles to be sold at cost. Accounts.
Sect.
ordinances, by-laws and regulations.
21> Town by-laws.
22. Regulation of carriages, etc.
23. City councils may regulate erection of
balustrades, etc.
Inspection of ice.
Limitation of particular classes of
buildings, etc., to specified districts
or zones.
26. Notice and hearing.
27. Witholding of permits. Appeal.
27A. Variance.
28. Enforcement by injunction.
Exemption of existing structures and
buildings of public service corpora-
tions.
Repeal and modification.
Effect on permits issued prior to
adoption or modification of zoning
ordinances or by-laws.
Performance of duty imposed by by-
laws.
Publication of by-laws.
Publication of ordinances and pro-
posed ordinances in certain cities.
Copy of rules to be filed with town
clerk.
24.
25.
29.
30.
30A
31
32.
32.\
33
LOCKUP.
34. Maintenance of lockup.
35. Keeper of lockup.
36. Powers of keeper. Charges for keep-
ing.
37. Lockup to be accessible to officers.
PUBLIC WATER SUPPLY.
3S, Town may purchase water supply.
39. Pipes may be laid in another town.
Damages.
40. Emergency water supply.
41. Protection of water supply.
42. Authorization of laying of pipes.
COLLECTION OF WATER RATF.S.
42A. Water rates, when to be lien upon
real estate.
Chap. 40.]
POWERS AND DUTIES OF CITIES Al«} TOWNS.
401
Sect.
42B. Lien, when to take effect. Dissolu-
tion.
42C. Unpaid accounts, commitment to col-
lectors. Powers and duties of col-
lectors.
42D. Unpaid accounts to bear interest and
be added to tax bill.
42E. Abatements. Appeals.
42F. Recovery from tenants by owners
paying charges.
HOT WATER AND STEAM.
43. Pipes for hot water and steam.
* IMPROl'EMENT DISTRICTS.
44. Establishment of improvement dis-
tricts.
RECOGNIZANCE.
45. Recognizances by towns.
Sect.
oath of claim.1nt.
46. Oaths may be required of persons
bringing demand for payment.
47. Seal.
48.
49.
50.
51.
52.
53.
RECORDS AND REPORTS.
Custody of books.
Annual town report.
Town clerks to forward copies of re-
ports to state librarj'.
Names of persons assisted by board
of public welfare not to be pub-
lished.
Size of official letters.
ILLEGAL APPROPRIATIONB.
Restraint of illegal appropriations.
Section 1. Cities and towns shall be bodies corporate, and, except Powers to
as otherwise expressly provided, shall have the powers, exercise the uSs'.^tI.' § 9.
privileges and be subject to the duties and liabilities provided in the fi fifil,^'
several acts establishing them and in the acts relating thereto. E.xcept q. 1; |^§ 7,
as otherwise expressly provided, cities shall have all the powers of towns fg Y§' 1% ^ '"
6 and such additional powers as are granted to them by their charters or ^ Is^'gy^v 1.
7 by general or special law, and all laws relative to towns shall apply to 28, §§ 1, 2.
8 cities.
R.L. 26, |§1,2.
140 Mass. 381, 485.
148 Mas.s. 148.
187 Mass. 1.50, 461.
191 Mass. 78.
200 Mass. 175.
202 Mass. 402.
20.1 .Mass. 539.
207 Mass. 341.
219 Mass. 580.
233 Mass. 275.
1 Op. A. G. 463.
4 Op. A. G. 540.
Section 2. A town may in its corporate capacity sue and be sued by Towns may
its name, and may appoint necessary agents therefor. I'^O^'^ ^
1694-5. 15. §§ 1, 2. P. S. 27. 5 8. 113 Mass. 67.
1783, 39, § 4. R. L. 25. I 12. 122 Mass. 268, 344.
1 Met. 473. 127 Mass. 272.
1785, 75, § 8.
R. S. 15, § 10.
G. S. 18, § 8.
11 Allen, 149.
199 Mass. 527.
1 Section 3. A town may hold real estate for the public use of the in-
2 habitants and may convey the same by a deed of its selectmen thereto
3 duly authorized, or by a deed of a committee or agent thereto duly author-
4 ized ; may by its selectmen let or lease for not more than five years, on
5 such terms as the selectmen determine, a public building or part thereof,
6 except schoolhouses in actual use as such ; may hold personal estate for
7 the public use of the inhabitants, and alienate and dispose of the same;
8 may hold real and personal estate in trust for the support of schools,
9 and for the promotion of education, within the limits of the town; may
10 receive, hold and manage any devise, bequest or gift for the establish-
11 ment or equipment of memorials for properly commemorating the
12 services of the soldiers, sailors and marines who have served the country
13 in war, and for the establishment or maintenance of any reading room
14 for which it may grant money under the provisions of section five; and
15 may make such orders as it may deem necessary or expedient for the
16 disposal or use of its corporate property. All real estate or personal
17 property of the town, not by law or by vote of the town placed in the
Power to hold
and convey
property.
R. S. IS, 5 11.
G. S. 18. §9.
1880, 111, 5 1.
P. S. 27, § 9.
1885, 60.
1891, 218.
1901, 152.
R L, 25. § 13.
1907. 232, § 1.
1919, 61, 5 1;
352.
1920, 292, 5 1;
591, § 11.
3 .Mass. 352.
10 Mass. 146.
12 Mass. 415.
2 Pick. 345.
8 Gush. 21.
12 Gush. 103.
5 Allen, 575.
8 Allen, 11.
10 Allen. 169.
113 Mass. 433.
122 Mass. 344.
127 Mass. 1.
250 Mass. 114.
256 Maes. 550.
273 Mass. 468.
402
POWERS AND DUTIES OF CITIES AND TOWNS.
[Chap. 40.
charge of any particular board, officer or department, shall be under the IS
control of the selectmen, except as is otherwise provided in section nine. 19
Power to
contract.
R. S. 15, 5 11-
G. S. 18. §9.
P. S. 27. § 9.
1889, 377.
1890, 119.
1895, 217.
R. L. 25. § U.
1902, 544, § 6.
191S. 291, § 1.
1926. 67.
1928, 155, 5 1.
1929, 323.
167 Mass. 115.
182 Mass. 39.
191 Mass. 291,
217 Mass. 381.
219 Mass, 580.
233 MaaB. 275.
Section 4. A town may make contracts for the exercise of its cor- 1
porate powers and for the following purposes: For the disposal of its 2
garbage, refuse and ofl'al by contract for a term of years. Contracts 3
for such disposal may be made by the selectmen, board of health or other 4
officers having charge thereof. ,5
For the reception, care and treatment by hospitals established in or 6
near the town, if it maintains and manages no hospital, of persons who 7
by misfortune or poverty require relief during temporary illness; but 8
this provision shall not add to the compensation now required from the 9
commonwealth or from any town for the care and treatment of any 10
person chargeable to them respectively, nor diminish the right of the 11
commonwealth to require the removal to the state infirmary of a person 12
who has no legal settlement. Contracts for such reception, care and 1-3
treatment may be made by the board of public welfare or by the board of 14
health. 15
P^or the furnishing of transportation of school children. Contracts 16
for such transportation may be made by the school committee for periods 17
not exceeding three years. 18
For the installation and maintenance, subject to such laws as may 19
be applicable, of mechanical traffic signal light systems for the control 20
and regulation of traffic on ways within its control, including poles, wires 21
and other necessary apparatus upon, over or under such ways. Such a 22
contract may provide for payments by such town over a period not 23
exceeding five years. 24
To pay interest at a rate not exceeding four per cent per annum, during 25
the lives of any persons in being at the time of entering into such con- 26
tract, upon any cash gift which it may lawfully receive. 27
Power to make
appropriationa.
1785, 75, § 7.
1898, 45.
R. L. 26, § 23.
1924, 404, § 8.
1931, 458, 5 3.
1826, 143, § 4.
R. S. 23, § 9.
1869, 132.
1894, 436, § 4.
1898, 496. § 3.
10 Met. .508.
103 Mass. 94,
104.
183 Mass. 74.
187 Mass. 436.
199 Mass. 112.
PURPOSES FOR WHICH TOWNS MAY APPROPRIATE MONEY.
Section 5. A town may at any town meeting appropriate money for
the following purposes:
H 12,
R. S. 15,
16; 25, §
G. S. 18, § 10.
P. S. 27, §§ 10, 12.
1897, 132.
R. L. 25, § 15.
13 Mass. 272.
6 Pick. 101.
21 Pick. 64.
10 Gush. 56, 252.
11 Gray, 340.
10 Allen, 570.
11 Allen, 108.
108 Mass. 408.
134 Mass. 555.
137 Mass. 171.
Op. A. G. (1919) 30.
Op. A. G. (1920) 108.
(1) To pay a proper charge of an insurance company for acting as 3
surety on the official bond of any town officer, or to pay a proper charge 4
for efTecting insurance providing indemnity for or protection to any 5
officer or employee of the town against loss by reason of his liability to 6
pay damages to others for bodily injuries, including death at any time 7
resulting therefrom, caused by the operation, within the scope of his 8
official duties or employment, of motor vehicles owned by the town, to 9
an amount not exceeding five thousand dollars on account of injury to or 10
death of one person. 1 1
(2) For the support of public schools authorized or required by law, 12
and for conveying pupils to and from the public schools, or, if it main- \'A
tains no high school or public school of corresponding grade, but afiords 14
high school instruction by sending pupils to other towns, for the neces- 15
sary transportation expenses of such pupils, the same to be expended IG
by the school committee in its discretion. 17
Op. A. G. (1920) 27.
Chap. 40.] powers a\d duties of cities and towns. 403
IS (3) For the relief, support, maintenance and employment of the poor. 1692-3, 28. § 6.
1793, 59, i 1. R. S. 46, § 1.
19 (4) For laying out, discontinuing, making, altering and repairing nse, 67. § 2.
20 public ways, and for materials used and labor employed thereon.
R. S. 24, 5§70, 78; 25, §9.
21 (5) For the purchase and improvement of parks laid out under chap- 1882, 154. §8.
22 ter forty-five.
23 (G) For the printing and publishing of town records. 1899,171.
24 (7) For procuring the writing and publishing of town histories. 1854, 429.
25 (8) For burial grounds. los Mass. 94.
26 (9) For encouraging the destruction of noxious animals. R- s. 54, 5 3.
1817, 144. 1838, 38.
27 (10) For planting shade trees in accorda,nce with section seven of r a'o^.'j 12.
28 chapter eighty-seven.
1885, 123, § 1. 1899,330,5 2. 1915, 145, §§ 7, 13.
29 (11) For necessary aid to soldiers and sailors and their families, and Jgslfgg; '^■
30 to the families of the slain, and, by special vote, may intrust such amount f^g\' |g
31 or any part tliereof to any post of the Grand Army of the Repulilic in 1913; 62, §1.
32 such town, to be disbursed under its direction to any such persons residing
33 therein; but the treasurer or other financial officer of such post shall,
34 before receiving such money, give bond to the town for the faithful dis-
35 bursement thereof in a sum and with sureties to the satisfaction of the
36 selectmen, and annually return to the town an itemized and sijecific
37 statement under oath of the disbursement of such amounts during the
38 preceding year, and exliibit his vouchers therefor to a committee of the
39 town for examination. Such special vote may also include such amount
40 as the town may consider necessary to pay the rent of a suitable place
41 for the post of the Grand Army of the Republic situated in the town in
42 which to hold its meetings.
43 (12) For erecting headstones or other monuments at the graves of }|f*; J^o.
44 persons who served in the war of the revolution, the war of eighteen i88;i. *2.
45 hundred and twelve, the Seminole war, the Mexican war or the war of the issje; 291; 455.
46 rebellion or who served in the military or naval service of the United 1902; 286!
47 States in the Spanish American war or in the World war; for acquiring 191b; 90. '
48 land by purchase or by eminent domain under chapter seventy-nine, }^}^; Jf j j.
49 purchasing, erecting, equipping or dedicating buildings, or constructing llf\^l%2s.
50 or dedicating other suitalile memorials, for the purpose of properly coni- j92i. 486,^ §^^
51 memorating the services and sacrifices of persons who served as aforesaid ; 1927; 16. '
52 for the decoration of the graves, monuments or other memorials of 1929! 9- los.
53 soldiers, sailors and marines who served in the army, navy or marine es, 5 2: '348.'
54 corps of the United States in time of war or insurrection and the proper
55 observance of Memorial Day and other patriotic holidays under the
56 auspices of the local posts of the Grand Army of the Republic, United
57 Spanish War Veterans, The American Legion and the Veterans of Foreign
58 Wars of the United States and under the auspices of the Kearsarge
59 Association of Naval Veterans, Inc. and of local garrisons of the Army
60 and Navy Union of the United States of America and of local chapters
61 of the Massachusetts Society of the Sons of the American Revolution and
62 of local detachments of the INIarine Corps League, and of a local camp
63 of the Sons of Union Veterans of the Civil War or a local tent of The
64 Daughters of Union Veterans of the Civil War in the case of a town in
404 POWERS AND DUTIES OF CITIES AND TOWNS. [ChAP. 40-
which there is no post of the Grand Army of the RepubHc; or for keeping 65
in repair graves, monuments or other memorials erected to the memory 66
of such persons or of its firemen and poHcemen who died from injuries 67
received in the performance of their duties in the fire or pohce service or 68
for decorating the graves of such firemen and poHcemen or for other 69
memorial observances in their honor. Money appropriated in honor of 70
such firemen may be paid over to, and expended for such purposes by, 71
any veteran firemen's association or similar organization. 72
1896, 477. Q3) Pqj. marking historic spots within its limits. 73
1872' 84^' (I'l) ^^^ necessary and convenient drinking troughs, wells and foun- 74
p. s. 27, § 50. tains in the public wajs, public squares and commons. 75
125 Mass. 526. 197 Mass. 199.
J|89' 380. (15) For the employment of counsel, if authorized by a two thirds 76
183 Mass. 232. vote, to represent the town at any hearing in which it is interested 77
before a committee of the general court; but no expense is hereby author- 78
ized except such as would be incurred in presenting a case before the 79
judicial courts, and a detailed account of all expenses incurred shall be 80
filed with the town clerk and be open to the inspection of all the taxpayers 81
of the town. 82
1919 350 (^*^^ ■^'^'" prosecuting or defending proceedings, however instituted, 83
5 117. ' before a court, the department of public utilities, or any other public 84
board or commission exercising the same or similar powers, in all matters 85
relative or incidental to the prescribing of rates or fixing of charges by 86
public service corporations or the exercise of rights imder their franchises. 87
1869, 206. (17) For procuring the detection and apprehension of any person com- 88
mitting a felony therein. 89
1851. 305, 5 2 (IS) For the establishment, maintenance or increase of a public library 90
G.s.'33, §9. therein, and for the erection or provision of suitable buildings or rooms 91
1872! 217] §4. therefor, or for maintaining a library therein to which the inhabitants 92
i88o! ii?: § 1. have free access and of which they have the use, and for establishing and 93
10 Aiitn. 169.' maintaining a public reading room in connection with and under the 94
2*0^^^0*316 control of the managers of such library. 95
(19) For the performance of the duties of the board of health and for 96
the establishment and maintenance of hospitals, or of beds therein, 97
sanitary stations, clinics, dispensaries and quarantine grounds, and for 98
the care of indigent persons suffering from disease, in accordance with the 99
provisions of chapter one hundred and eleven. 100
1873, 192 (20) For the erection and maintenance of a hospital for the reception 101
R. L. 81, § 25. of persons requiring relief during temporary sickness. Such hospitals 102
shall be managed by trustees or other officers and agents appointed in 103 ■
accordance with ordinances, rules or regulations made by the city council 104
or the selectmen. 105
i92i' 371 5 1 ^^^) ^°'" *'^^ employment of district or other nurses. 106
i92i! 37i! § 2. (21 A) Forthe purchase or hire and for the maintenance of ambulances. 107
1918, 291, § 2. (22) For reimbursing persons for the use of property loaned to, or 108
256 Mass. 37. geizcd or requisitioned by, the police or fire department for the proper 109
performance of its duty in cases of emergency, or for damage to or loss 110
of such property. Ill
1899' 330 §4 (2-^) i^o^ destroying and suppressing gypsy, brown tail and leopard 112
R. L. 25, '§ 16'. moths, tent caterpillars and elm beetles, under chapter one hundred 113
and thirty-two. 114
1869,457, §1. (24) For constructing telegraph lines for the use of the town upon, 115
K. L. 25, 5 51. along and under the public ways and squares within its limits, sub- 116
Chap. 40.] powers and duties of cities and towns. 405
117 ject to tlie provisions of chapter one hundred and sixty-six, so far as
lis applicable.
119 (25) For establishing and maintaining public gynuiasiums, swimming i90s, 392. 51.
120 baths and such other means of instruction or exercise as the town may
121 authorize. Every such public place shall be managed under the direc-
122 tion of the selectmen of the town.
123 (26) For public band concerts, or for music furnished for public isso, 46.
124 celebrations, a sum not exceeding one thousand dollars.
125 (27) For the celebration of the fourth day of Jul\-, or for the observ- 1874, 112.
• 1881 88
126 ance of an old home week or day, to take place during any week or p. s.' 27. §11.
127 upon any day of the year in which the appropriation is made, during iloii lee.
12s which the town may conduct appropriate celebrations in honor of return- r^^£; ^|^ j ^3
129 ing residents and other invited guests and hold exercises of historical \^f loj-
130 interest ; and, by a two thirds vote, for the celebration of the anniversary i«'«, 9i.
131 of its settlement or of its incorporation at the end of a period of fifty, or 208 Mass! 190.
132 of any multiple of fifty, years therefrom, and of publishing the proceed-
133 ings thereof. If there is a question as to the date of the settlement, the
134 date shall be determined by the selectmen, subject to the approval of
135 the voters. The celebration of the anniversary may be held at any time
136 during the year.
137 (28) For carrying out sections seventy-three to eighty-one, inclusive, 1907, 191, § e.
138 of chapter forty-one. Such appropriation shall be expended by the ^^' ^'"^' ®'
139 board of survey.
140 (29) For erecting and maintaining forest fire observation towers, as 1919, 120.
141 provided by section twenty-three of chapter forty-eight.
142 (30) For contributions to the cost of street railway service under 1931.426,
143 section one hundred and sixty-one of chapter one hundred and sixty-one.
144 (31) For the establishment and maintenance of children's health 1924, 248. § 1.
145 camps, as provided by sections sixtA'-two A to sixty-two G, inclusive, ''• •
146 of chapter one hundred and eleven or for the care and treatment of under-
147 weight and undernourished children of school age by contract as provided
148 by section sixty-two H of said chapter one hundred and eleven.
149 (32) For the payment of the reasonable hospital, medical and surgical ^^^*' ^°'^' ^ ^
150 expenses incurred by any member of its police force or by any person duly
151 assigned to police duty therein when temporarily or permanently dis-
152 abled by reason of injuries sustained tlixough no fault of his own while
153 actually performing useful police service for such town.
154 (33) For acquiring land for public parking places and maintaining the 1926, iia.
155 same.
156 (34) For the necessary expenses of municipal officers and employees 192s, 36.
157 of any particular department incurred outside the commonwealth in
158 securing information upon matters in which the city or town is interested
159 or which may tend to improve the ser\ice in such department, if such
160 appropriation is specified to be and is limited to such expenses incurred
161 as aforesaid. Such expenses may also be incurred any^vhere within the
162 commonwealth and in such case shall be chargeable against any appro-
163 priation made for the ordinary maintenance of the department incurring
164 the same.
165 (35) For the establishment, maintenance and operation of public air- 1928, 350, § 1.
166 ports within or without the limits of the town. Such an airport may be
167 established, maintained and operated jointly by two or more towns.
168 (36) For the improvement of low lands and swamps and the eradication 1929, 288. § 6.
169 of mosquitoes under chapter two hundred and fifty-two, or for the eradica-
170 tion of mosquitoes by the board of health in a town not then included
406
1930, 277.
POWERS AND DUTIES OF CITIES AXD TOWNS.
[Chap. 40.
§ 1.
1907, 186,
G. L. (ed. of
1920) 40. § 5
(cl. 30).
1931,426,
within an area described by an identifying name for the purposes of 171
section five A of said chapter two hundred and fifty-two. _ 172
(37) For providing proper facilities for public entertainment in connec- 173
tion with the holding of conventions in the town, for paying expenses 174
incidental to such entertainment and or for the entertainment of dis- 175
tinguished guests, a sum not exceeding in any one year one two-hun- 176
dredth of one per cent of the assessed valuation of the preceding year, 177
but in no event more than seventy-five thousand dollars. _ 178
For the compensation of all town officers whcse election or appoint- 179
ment is authorized or required by law, and for all other necessary charges 180
154. arising in such town.
Reserve funds.
1912, 347.
1913, 645.
262 Masa. 214.
181
13 Masa. 272.
6 Pick. 101.
12 Pick. 227.
19 Pick 485.
23 Pick. 71.
3 Met. 163.
3 Cush. 530.
10 Cush. 56.
12 Cush. 103.
4 Gray, 502.
11 Gray, 340.
I Allen, 103.
3 Allen, 9.
6 Allen, 152.
10 Allen, 570.
II Allen, 108.
108 Mass. 408.
109 Ma.sa. 311.
112 Mass. 1.
114 Mass. 592.
122 Masa. 270.
127 Masa. 275.
130 Mass. 272, 528.
131 Mass. 521.
132 Masa. 436.
134 Masa. 555.
139 Mass. 341.
153 Mass. 129.
172 Masa. 286.
183 Maas. 232.
196 Mass. 220, 267.
198 Mass. 221.
Section 6. To provide for extraordinary or unforeseen expenditures,
a town may at an annual town meeting appropriate a sum not exceeding
five per cent of the tax levy of the preceding year, to be known as the
reserve fund. No direct drafts against this fund shall be made, but
transfers from the fund may from time to time be voted by the finance
or appropriation committee of the town, in towns having such a com-
mittee, and in other towns by the selectmen; and the town accountant
in towns having such an official, and in other towns the auditor or board
of auditors, shall make such transfers accordingly.
1
2
3
4
5
6
7
8
9
Municipal
advertising.
1930, 223.
Uniforms for
police and
firemen.
1930, 351.
Removal of
snow .ind ice.
1902, 205, § 1.
1917, 344, V,
5 7, VIII, i 1.
Section 6A. A city or town which accepts this section may ap-
propriate annually a sum not exceeding one two-hundredths of one per
cent of the assessed valuation of the preceding year, but in no event
more than fifty thousand dollars in any one year, for the purpose of
advertising its resources, advantages and attractions; provided, how-
ever, that as to each such appropriation a sum at least equal to the
amount thereof shall previously have been contributed by public sub-
scription, or by donation or legacy, and paid into the city or town
treasury to be expended for the aforesaid pm-poses, and provided, further
that no such city or town shall in any year appropriate money for such
purposes under authority hereof and also under any special act author-
izing appropriations for municipal advertising. The money so appropri-
ated and so contributed shall be expended under the direction of the
mayor and city council of the city or the selectmen of the town. Two
or more municipalities having resources, advantages or attractions in
common may join in advertising the same hereunder.
Section 7. Any town which accepts this section or has accepted
corresponding provisions of earlier laws may appropriate money for the
removal of snow and ice from its sidewalks, in accordance with the pro-
visions of section six of chapter eighty-five. This section shall not apply
to cities.
1
2
3
4
5
6
7
8
9
in
11
12
13
14
15
1(5
Section GB. A city or town which accepts this section may ap- 1
propriate money for the purchase of uniforms for members of its police 2
and fire departments. 3
1
2
3
4
5
Chap. 40.] powers .-vnd duties of cities .\nd towns. 407
1 Section 7A. Cities and towns may appropriate money for the Prevention
2 purpose of conducting and maintaining a specific program of safety arS-m"" '"
3 activities designed to prevent automobile accidents; and such appropri- ^^■*''' •*'^^-
4 ations shall be expended under the direction of the mayor in a city or
5 the selectmen in a town.
1 Section 8. A city, or a town which accepts chapter thirty-one or Enforcement
2 has accepted corresponding provisions of earlier laws, may appropriate service law.
3 money for the enforcement therein of the laws relating to its civil service. i^*l'. 26f'§ 24.
1902, 544. § .3. 201 Mass. 506.
1 Section 9. A city or town may for the purpose of providing suitable Armories,
2 headquarters for a post or posts of The American Legion and of the g^a.^'r.',
3 Veterans of Foreign Wars of the United States, lease for a period not i^ion^^etc,
4 exceeding five years buildings or parts of buildings which shall be under Jseu'ies.
5 the direction and control of such post or posts, subject to regulations j^- f; |*g Yis
6 made in cities by the mayor with the approval of the council and in J^is, 2/
7 towns bv vote of the town, and for said purposes a town with a valu- i92ii80.'
8 ation of less than five million dollars may annually appropriate not more 1 Alien, 103.
9 than one thousand dollars; a town with a valuation of five million dollars I'ay'^Masa.^ni.
10 but not more than twenty million dollars may annually appropriate not J72 Mml. tti.
11 more than fifteen hundred dollars; a town with a vakiation of twenty
12 million dollars but not more than seventy-five million dollars may
13 annually appropriate not more than two thousand dollars; a town with
14 a valuation of seventy-five million dollars but not more than one hun-
15 dred fifty million dollars may annually appropriate not more than
16 twenty-five hundred dollars; and a town with a valuation of one hundred
17 fifty million dollars or more may annually appropriate twenty-five hun-
18 dred dollars for each one hundred fifty million dollars of valuation, or
19 fraction thereof. The city council of a city may, by a two thirds vote,
20 appropriate money for armories for the use of the state militia, for the
21 celebration of holidays, for the purpose of providing or defraying the
22 expenses of suitable quarters for posts of the Grand Army of the Republic,
23 including the heating and lighting of such quarters, and for other like
24 public purposes to an amount not exceeding in any one year one fiftieth
25 of one per cent of its valuation for such year.
1 Section 9A. A city or town may, for the purpose of providing suit- Headquarters
2 able headquarters for a camp of the United Spanish War Veterans, lease united Spanish
3 for a period not exceeding five years a building or part of a building, 1921, 2^27!^'""^'
4 which shall be under the direction and control of such camp subject to
5 regulations made in cities by the mayor with the approval of the council
6 and in towns by vote of the town, and for such purpose may annually
7 appropriate a sum not exceeding, in any one year, one fiftieth of one per
8 cent of its valuation.
1 Section 10. A city, or a town having a population of not less than Markets and
2 ten thousand, may provide and maintain one or more public markets, ms.ng.*"^^'
3 with suitable buildings and grounds, and for this purpose may acquire 1919! 356,
4 land by gift or purchase or lease the same, with or without buildings, and i9io%«).
5 may make alterations in buildings and construct new buildings on land
6 so acquired or leased. Any city or town which does not so maintain a
7 public market shall upon a petition signed by not less than five per cent
8 of its voters designate one or more streets or squares or other public
408
POWERS AND DUTIES OF CITIES AND TOWNS.
[Chap. 40.
places, suitably situated and approved by the department of agriculture, 9
to be used by farmers as public market places. Such a petition shall be 10
filed with the city or town clerk, and he shall determine whether it con- 11
tains a sufficient number of signatures and whether such signatures are 12
genuine, and when satisfied that the petition meets the requirements of 13
this section, he shall so certify to the mayor or the chairman of the board 14
of selectmen and shall also notify the commissioner of agriculture that 15
the petition has been filed and state to him the date of filing. Any city 16
or town which maintains a public market or market place in accordance 17
with this section may, subject to the approval of the commissioner of 18
agriculture, make rules and regulations for the management and use 19
thereof, and may prescribe penalties for their violation, and may also 20
designate a market master, who may be a police officer or other mu- 21
nicipal officer or employee, and who shall have charge of such markets 22
or market places and shall conduct them in the interest of the market 2o
men and their customers, shall enforce said rules and regulations, and 24
shall maintain order within the market limits. 25
Prevention of
forest fires.
Replacing
destroyed, etc.,
equipment.
1897, 254, § 11
R. L. 25, § 17.
1910, 398.
1914, 262.
1919, 350, § 42.
1921, 252.
Section 11. A town which accepts this section, or has accepted cor-
responding provisions of earlier laws, may appropriate money for the
prevention of forest fires to an amount not exceeding one tenth of one
per cent of its valuation. Every such town with a valuation of one
million seven hundred and fifty thousand dollars or less which appro-
priates and expends money, with the approval of the state forester, for
apparatus to be used in preventing or extinguishing forest fires, or for
making protective belts or zones as a defence against forest fires, shall,
upon the recommendation of the state forester, approved by the governor,
receive from the commonwealth a sum equal to one half of the said
expenditure; but no town shall receive more than two hundred and fifty
dollars. A sum not exceeding five thousand dollars may annually be
expended by the commonwealth for this purpose. Whenever it has been
demonstrated to the satisfaction of the state forester that such equipment
has been destroyed or has become unfit for use, the town shall be reim-
bursed by the commonwealth one half the cost of replacing the same;
provided that the amount paid to any one town in any one *ear shall not
exceed fifty dollars. All equipment purchased under this section shall be
in the custody and care of the town forest warden. The state forester or
his deputies may inspect such equipment at such timeaas they may deem
necessary.
o
6
7
8
9
10
11
12
18
14
15
16
17
18
19
20
21
Public baths
or wash
houses.
1874, 214,
§§ 1-3.
P. S. 27,
§§13,14.
1898, 125,
§§1.2.
R. L. 25,
§§ 20, 21.
225 Mass. 387.
Plants for
purifying
8liellfi.sh.
1928. 51.
Section 12. A town which accepts this section, or has accepted cor- 1
responding provisions of earlier laws, by a two thirds vote at an annual 2
meeting, may purchase or lease land, and erect, alter, enlarge, repair 3
and improve buildings for public baths and wash houses, either with or 4
without open drying grounds, and may make open bathing places, pro- 5
vide them with the requisite furniture, fittings and con\eniences and 6
provide instruction in swimming. Such town may establish rates for 7
the use of such baths and wash houses, and appoint officers therefor, 8
and may make by-laws for the government of such officers, and au- 9
thorize them to make regulations for the management thereof and for 10
the use thereof by non-residents of said town. 11
Section 12A. A city or town may establish and maintain a plant for 1
the purpose of purifying shellfish taken in such city or town. Such plant 2
CiLVP. 40.] POWERS AND DUTIES OF CITIES AND TOWNS. 409
3 shall be established and maintained under the direction of the mayor or
4 board of selectmen or a person designated by him or it. Said mayor or
5 board shall also establish fees sufficient to cover the cost of maintaining
6 and operating the plant, which shall be collected for service rendered
7 thereby and be paid into the city or town treasury.
1 Section 1.3. A town which at a meeting or a city which by its city Municipal
2 council accepts this section, or has in like manner accepted corresponding insurance
3 provisions of earlier laws, may appropriate an amount not exceeding in ig'ds; 191,
4 any one year one twentieth of one per cent of its assessed valuation to floVT^sTs,
5 establish and maintain a municipal buildings insurance fund, from which §u 02-103,
6 any municipal buildings or other municipal property damaged or de-
7 stroyed by fire, lightning or otherwise may be repaired, rebuilt or replaced
8 by other buildings or property to be used in place thereof; but no money
9 shall be appropriated for such purpose while the fund equals or exceeds
10 one per cent of such assessed valuation. Such fund shall be managed
1 1 and administered by the sinking fund commissioners of the town, if any,
12 otherwise by the commissioners of trust funds of the town.
1 Section 13A. Any city or town which has accepted chapter eight workmen's
1,11 'p 1 p • 1 1 1 I 1 • 1 compensation
2 hundred and seven 01 the acts 01 nmeteen hundred and thirteen and insurance
3 which accepts this section, by vote of the city council or of the voters in i923r234.
4 town meeting, may appropriate an amount not exceeding in any one
."j year one twentieth of one per cent of its assessed valuation to establish
() and maintain an insurance fund to pay workmen's compensation, from
7 which any compensation payable under the provisions of sections sixty-
8 nine to seventy-five, inclusive, of chapter one hundred and fifty-two shall
9 be paid; but no money shall be appropriated for such purpose while the
10 fund equals or exceeds one per cent of such assessed valuation. Such
11 fund shall be managed and administered by the sinking fund commis-
12 sioners of the city or town, if any, otherwise by the commissioners of trust
13 funds of said city or town.
1 Section 13B. A town of not exceeding three thousand inhabitants Residence
2 which accepts this section by vote in town meeting may appropriate for school
3 free residence quarters for a school physician a sum not exceeding five igll.'sos, § 1.
4 hundred dollars.
taking, purchase and abandonment of land.
1 Section 14. The aldermen of any city, except Boston, or the select- Taking or
2 men of a town may purchase, or take by eminent domain under chapter Snand^tc.
3 seventy-nine, for any municipal purpose any land, easement or right \st\', ise!
4 therein within the town not already appropriated to public use, including J?'''!; ll^\ 38_
5 an easement in land adjoining the location of a public way consisting of a j-^^*' ^H- ^ ^■
6 right to have the land of the location protected by having the surface of p^ s 27, 5 43;
7 such adjoining land slope from the boundary of the location; but no ism, us.
8 land, easement or right therein shall be taken or purchased under this 55 1,'4.
9 section unless the taking or purchase thereof has previously been author- §§ {'i. '
10 ized by the city council or by vote of the town, nor until an appropriation ^ 'l'. Is!'
1 1 of money, to be raised by loan or otherwise, has been made for the purpose lg*^'*J^. 263.
12 by a two thirds vote of the city council or by a two thirds vote of the l?i^'|*"'
13 town, and no lot of land shall be purchased for any municipal purpose by 1921', 486. § 7.
410
POWERS AND DUTIES OF CITIES AND TOWNS.
[Chap. 40.
1923, 266. any city subject to this section for a price more than twenty-five per cent 14
227 Mass! 538. in cxccss of its average assessed vahiation during the previous three years. 15
233 Mass. 592. 258 Mass. Ill, 115.
247 Mass. 46. 272 Mass. Ibl, 457.
Abandonment
of land or
easements.
1901, 294.
R. L. 25, § 50.
Section 15. If any officer of a city or town having charge of any 1
land, easement or right taken for such city or town, otherwise than by 2
purchase, notifies the city council or the selectmen that, in his opinion, .3
such land, easement or right, or part thereof, is no longer required for 4
public purposes, and if thereafter the city council or the inhabitants of 5
the town by a two thirds vote authorize the conveyance of such land, or of 6
part thereof, or the abandonment of such easement or right, or part 7
thereof, and specify the minimum amount to be paid for such convey- 8
ance or abandonment, the mayor or the selectmen may, for such amount 9
or a larger amount, and upon such other terms as the mayor or selectmen 10
shall consider proper, convey said land, or part thereof, by deed, or declare 1 1
said easement or right, or part thereof, to be abandoned. Such declara- 12
tion, being recorded in the registry of deeds for the district where the 13
land is situated, shall extinguish the easement or right. 14
Sprinkling of
public ways.
1S90, 365.
1891, 179,
§§1,4.
1895, 186.
1897, 419, § 1.
R. L. 25, § 22;
26, § 25.
1908. 452.
1909, 289.
STREET sprinkling.
Section 16. A town may sprinkle or spread upon its public ways, 1
or parts thereof, any liquid or material suitable for laying or preventing 2
dust and preserving the surface of such ways or for sanitary purjjoses, .3
may appropriate money therefor, and determine that with respect to the 4
whole or any part of such ways the whole or any part of such expense 5
shall be assessed upon the estates abutting thereon. 6
1917. .344, IV,
173 Mass. 71.
i 6, VIII, § 1.
175 Mass. 118.
183 Mass. 333.
Assessments
for street
sprinkling.
1S90, 365.
1891, 179.
§§ 2-4.
1895, 186.
1897, 419,
§§2,3.
R. L. 25, § 22;
26, § 26.
1908, 452.
1909, 440, § 2.
1914, 198, § 3.
173 Mass. 71.
175 Mass. lis.
183 Mass. 333.
193 Mass. 327.
199 Mass. 5.
218 Mass. 339.
Section 17. If a city determines that the public ways or any portion 1
thereof shall be sprinkled in whole or in part at the expense of the 2
abutters, such expense for a municipal year, and the proportion thereof 3
to be borne by abutters, and the rate to be assessed upon each linear foot 4
of frontage upon such ways, shall be estimated and determined by the 5
board of aldermen and assessed upon the estates abutting on such ways 6
in proportion to the number of linear feet of each estate upon such ways 7
or portion thereof sprinkled. The amount of such assessments upon each 8
estate shall be determined by said board, or, if said board so designates, by 9
the board of pulilic works, board of street commissioners, superintendent 10
of streets or other officer; and such board or officer shall, as soon as may 11
be after the first day of April, cause a list of such ways or portions thereof 12
to be made, specifj'ing each estate and the number of linear feet thereof 13
abutting thereon, the amount per linear foot, and the amount on each 14
estate of such a.ssessment, and certify and commit saiil list to the asses- 15
sors of taxes. In a town such assessment shall be made by the assessors. 10
Collection of
assessment.
1891, 179,
§§3,4.
1895, 186.
1897, 419,
§§ 3, 4.
R. L. 25, § 22;
26, § 27.
1908, 452.
175 Mass. 118.
183 Mass. 333.
193 Mass. 327.
Section 18. The assessors shall include such assessment in the 1
tax list and warrant committed by them to the collector of taxes for 2
that municipal year, and it shall be included in the next annual tax 3
bill, or if the estate so assessed is otherwise exempt from ta.xation, it 4
shall be rendered as a tax bill. Such assessment shall be a lien upon 5
the estate, and shall be lexied, collected, reassessed, paid, apportioned, 6
and bear interest and become payable, in the same manner as, ami shall 7
Chap. 40.] powers .'Wd duties of cities axu towns. 411
8 be a part of, the tax for that year on such estate; but in cities the as- i99 Mass. s.
9 sessors shall make no abatement thereof except ujwn the recommenda- ^'^ '^'^""' ^^^'
10 tion of the board or officer by whom the Hst was certified to them.
PROVIDING NECESSITIES.
1 Section 19. For the purpo.se of maintaining, distributing and pro- Providing
2 viding at reasonable rates during time of war, pubhc exigency, emer- "n^nie of
3 gency or distress a sufficient sujiply of food, other common necessaries msrios,
4 of Hfe and temporary shelter for their inhabitants, towns may raise fig',' ^^l'
5 and appropriate money outside of any limit imposed by law upon their 5 155.
6 tax rate or debt; but any bond, note or certificate of indebtedness issued
7 therefor shall be payable in not more than two years from the date of
8 its issue. The receipts from any undertaking or service authorized by
9 this section shall not be applied to municipal purposes, other than tho.se
10 herein described, so long as there are any obligations outstanding issued
11 on account of any such undertaking or service. The expenditure of
12 all money so appropriated shall be under the direction of the mayor,
13 or of an officer apjiointed by the mayor, with the approval of the city
14 council in cities other than Boston, and in towns shall be under the
15 direction of the selectmen or of an officer appointed by them.
1 Section 20. Articles furnished or services rendered under the pre- Articles to be
2 ceding section shall be charged for, so far as practicable, at rates calcu- Account^''
3 lated to cover all costs and charges connected with the particular under- ^7™"' amend.
4 taking or service, and shall be paid for in cash at the time of delivery ^^""eg,'^''^-
5 or performance. Any town acting under said section shall keep ac- lais. 205,
6 counts, in the form prescribed by the director of accounts, covering 1919, sso. § 54.
7 separately, so far as practicable, the cost of the particular undertaking
8 or service in respect to each commodity included therein; and a report
9 in detail of receipts and expenditures connected with such undertaking
10 or service shall be included in the annual report of the town treasurer.
ORDIN.ANCES, BY-LAWS AND REGULATIONS.
1 Section 21. Towns may, for the purposes hereinafter named, make Town by-laws.
2 such orders and by-laws, not repugnant to law, as they may judge most k,92-3,*28, § 5.
3 conducive to their welfare, which shall be bindijig upon all inhabitants {goi; I2 ^ ^'
4 thereof and all persons within their limits. They may, except as herein 1*34! si.
5 provided, affix penalties for breaches thereof, not exceeding twentv §s 13, i4.
- o «' IS47 1 fifi
G dollars for each offence, which may be recovered by indictment or on g. s.' is. '
7 complaint before a district court or trial justice, and shall enure to the r s.^27'' ^^'
8 town or to such uses as it may direct: ^^ '^' '^' "'•
1898, 190, § 1. 2 Gush. 562. 183 Mass. 491.
R. L. 25, § 23. 12 Grav, 161. 190 Ma3s..442, 504.
1920. 591. § 3. 14 Gray, 52. 206 Mass. 380.
3 Picli. 462. 9 Allen, 266. 219 Mass. 580.
6 Pick. 187. 97 Mass. 221. 238 Mass. 9.
12 Pick. 227. 121 Mass. 356. 239 Mass. 540.
23 Pick. 71. 145 Mass. 384. 248 Mass. 165.
1 Met. 130. 155 Mass. 531. 253 Mass. 344.
1 Gush. 493. 172 Mass. 58.
9 (1) For directing and managing their prudential affairs, preserving Prudential
10 peace and good order, and maintaining their internal police. fmematpiiice.
174 Mass. 578. 219 Mass. 580.
1 1 (2) For preventing the fall of snow and ice from roofs and securing Removal of
12 the removal thereof in such portions of their limits and to such extent roS^""'
13 as they deem expedient. The penalty for violation of such by-laws '*'^^' ^®-
412
POWERS AND DUTIES OF CITIES AND TOWNS.
[Chap. 40.
Removal of
snow from
sidewalks.
1898, 190, § 1.
Erection of
barriers.
1878, 91.
Establishment
of common
sewers.
1895, 227.
126 Mass. 431.
Regulation of
the use of
sewers.
1897, 116, § 1.
Regulating
water supply
pipes.
1875, 105,
55 1,2.
P. S. 27,
§§ 16, 17.
Use of
reservoirs.
1876, 139.
P. S. 27. § 18.
Regulating
width of tires.
1827, 106.
Regulating
numbering of
buildinizs.
1918, 291, §3.
Regulating dis-
posal of per-
sonal property.
Regulating
making of
certain annual
reports.
Requiring pay-
ment, etc., of
fees of town
officers.
1920, 691, § 5.
Prohibiting,
etc., leaving of
vehicles in
certain private
wavs.
1928, 319.
Use, etc., by
clubs, etc., of
dwellings used
in common
by members.
1931, 159.
shall apply to the owner of such building or to his agent having the 14
care thereof. 15
(8) For providing for the removal of snow and ice from the side- 16
walks within the limits of the public ways therein to such extent as 17
they deem expedient. The penalty for the violation of such by-laws 18
shall apply to the owner of abutting property or his agent having charge 19
thereof. 20
(4) For requiring owners of buildings near the line of public ways to 21
erect barriers, or to take other suitable measures to prevent the fall of 22
snow and ice therefrom upon persons traveling on such ways, and to 2.3
protect such persons from other dangers incident to the maintenance, 24
occupation or use thereof. 25
(5) For declaring any sewer or drain laid in any land or way, public 26
or private, opened or proposed to be opened for public travel, to be 27
a common sewer, and that it shall not be laid or connected with any 28
existing common .sewer except by the board or officers authorized to 29
lay and maintain common sewers. 30
(G) For regulating, under a penalty not exceeding fifty dollars for .31
each offence, the use of the common sewers and the connections which 32
may be made therewith. 33
(7) For regulating throughout the town or within a limited portion 34
thereof, by any designated board or commission, the inspection, ma- 35
terials, construction, alteration or use of pipes and fixtures through 36
which water is supplied by public water works; and to prohibit the use 37
of such water by persons neglecting or refusing to comply with such 38
by-laws. 39
(8) For regulating, under a penalty not exceeding fifty dollars for each 40
offence, the use of reservoirs connected with its water supply and land 41
and driveways appurtenant thereto. 42
(9) For regulating the width of tires of vehicles owned in such town 43
and used on the highways thereof. 44
1829, 29. 1832, 148. 1834, 29. 1895, 296.
(10) For requiring and regulating the numbering of buildings on or 45
near the line of public or private ways and prescribing by whom and 46
the method in which it shall be done. 47
(11) For regulating the disposal by town boards, officers or depart- 48
ments of personal property belonging to the town. 49
1918, 291, § 3.
(12) For regulating the making of annual reports by boards, officers 50
or departments not required by law to make such reports. 51
1918, 291, § 3.
(13) For requiring all town officers to pay all fees received by them 52
by virtue of their office into the town treasury, or to report the amount 53
thereof from time to time to the selectmen, who shall publish the same 54
in the annual town report. 55
(14) For prohibiting or regulating the leaving of vehicles unattended 56
within the limits of private ways furnishing means of access for fire 57
apparatus to any part of a tenement house or apartment house as de- 58
fined m section two of chapter one hundred and forty-five. 59
(15) For regulating the use, occupation and maintenance, by clubs 60
or associations, whether or not incorporated, of dwelling houses used in 61
common bv any or all of their members. In addition to anv other 62
Chap. 40.] powers .\nd duties of cities and towns. 413
63 remedy pro\-ided by law for violation of any ordinance or by-law made
64 under authority of this paragraph, the superior court shall have juris-
65 diction in equity to restrain any such violation.
1 Section 22. Except as otherwise provided in section eighteen of Sr?iaK™?etc!
2 chapter ninety and subject, so far as applicable, to section two of chapter \l*1;2^*-
3 eighty-five and sections eight and nine of chapter eighty-nine, a city or isso. 275.^ ^^
4 town may make ordinances or by-laws, or the board of aldermen or the p. s 28.' 5 25.'
5 selectmen may make rules and orders, for the regulation of carriages r. l. 25. § 24.
6 and vehicles used therein, with penalties for the violation thereof not igas] 357! § e.
7 exceeding twenty dollars for each ofl'ence; and may annually receive one Is^^Mass'i^'
8 dollar for each license granted to a person to use any such carriage or H* l\lll:^^'
9 vehicle therein. Such rules and orders shall not take effect until they isS Mass. 195.
, 11*11*1* 1*)0 IMOiSS. £.£,(.
10 have been published at least once in a newspaper published in the city, is? Mass. 221.
11 town or county.
188 Mass. 79. 203 Mass. 529. 231 Mass. 386.
191 Mass. 439. 205 Mass. 344. 233 Mass. 535.
194 Mass. 14. 210 Mass. 240. 261 Mass. 340.
199 Mass. 490, 542. 217 Mass. 18. 4 Op. A. G. 7.
1 Section 23. A city council may make rules and regulations for the Cit.v councils
2 erection and maintenance of balustrades or other projections upon the erection of
3 roofs or sides of buildings therein, with penalties for the violation thereof efc"""^" °^'
4 of not more than twenty dollars for each offence; but no such rule g*''|; fl*^ 13.
5 or regulation shall take effect until sixty days after its publication in r L.fg^gg
6 a newspaper published in the city or in the county where the city is i2Gray. i6i.
7 situated.
117 Mass. 114. 122 Mass. 173. 128 Mass. 330.
1 Section 24. A city may make ordinances to secure the inspection inspection
2 of ice sold therein and to prevent the sale of impure ice, and affix penal- 1895, 338.
3 ties of not more than twenty dollars for each violation thereof. 219 Mi'^s's.'i2i'.
1 Section 25. A city or town may by ordinance or by-law restrict Limitation of
2 buildings, structures and premises to be used for particular industries, classes of
3 trades, manufacturing, commercial or other purposes to specified parts to"'specffi4d °"
4 of the city or town, or may exclude them from or prohibit any of such ^oneT^" "
5 uses in specified parts of the city or town, or may provide that such jf"!"^'
6 buildings, structures or premises, if situated in certain parts of the city '^^^\ll^^ \^i
7 or town, shall be subject to special regulations as to their construction ^^^^^^ ^^j
8 or use. A city or town may also by ordinance or by-law provide that 264 Mass! 85.'
9 certain kinds of dwelling houses and tenement houses shall be restricted "
10 to specified parts of the city or town, or shall be excluded from specified
11 parts of the city or town, or that dwelling houses or tenement houses
12 situated in specified parts of the city or town shall conform to certain
13 regulations in respect to their construction or use which do not apply to
14 such buildings in other parts of the city or town. For the above purpose
15 the city or town may be divided into districts or zones, and the construc-
16 tion and use of buildings and structures and the use of premises in each
17 district or zone may be regulated as above provided. The provisions of
18 this section shall be carried out in such manner as will best promote the
19 health, safety, convenience and welfare of the inhabitants, will lessen
20 the danger from fire, will tenfl to impro\'e and beautify the city or town,
21 will harmonize with its natural development, and will assist the carrying
22 out of any scheme for municipal improvement put forth by any munic-
414
POWERS AND DUTIES OF CITIES AND TOWNS.
[Chap. 40.
Notice and
hearing.
1920. 601, 5 3.
250 Mass. 52,
63, 73.
272 Mass. 547.
ipal planning board or board of survey or other like authority. Due 23
regard shall be paid to the characteristics of tlie different parts of the city 24
or town, and the ordinances or by-laws established hereunder in any city 25
or town shall be the same for zones, districts or streets having substan- 26
tially the same character. 27
Section 26. No ordinance shall be enacted under the preceding
section in any city until after a public hearing thereon has been held,
notice of which shall l)e pulilished, at least thirty days before the hearing
in a newspaper published in such city, or in the county if no newspaper
is published in the city. The hearing shall be given by the city council
or by such officer, board, commission or committee as may be designated
or appointed for the purpose by the city council.
Withholding
of pcTiiiits.
Appeal.
1920, 601,
§§ 4, 5.
1925. 116, § 2.
250 Mass. 52,
63, 73.
Section 27. The superintendent of buildings, or the officer or board 1
having supervision of the construction of buildings or the power of en- 2
forcing the mimicipal building laws, or if in any town there is no such 3
officer or board, the selectmen, shall withhold a permit for the construe- 4
tion or alteration of any building or structure if the building or structure 5
as constructed or altered would be in violation of any ordinance or by- 6
law enacted under section twenty-five; and municipal officers shall refuse 7
any permit or license for the use of a building, structure or premises which 8
use would be in violation of any ordinance or by-law enacted under said 9
section. Any person aggrieved by the refusal of a permit under this 10
section may appeal to the municipal officer or board to which a right of 11
appeal lies from decisions under the building laws of the city or town, and 12
if there is no such officer or board, then the appeal shall lie to the city 13
council or to the selectmen, or to such officer, board, commission or com- 14
mittee as shall be designated or appointed by the city council or by the 15
selectmen to act as a board of appeals hereunder. 16
Variance.
1924, 133.
268 Mass. 419.
273 Mass. 97.
Section 27A. A board of appeals designated or appointed under 1
the preceding section may vary the application of any by-law or ordi- 2
nance adopted under section twenty-five in specific cases wherein its 3
enforcement would involve practical difficulty or unnecessary hardship 4
and wherein desirable relief may be granted without substantially dero- 5
gating from the intent and purpose of such bj^-law or ordinance, but not 6
otherwise. No such variance shall be authorized except by tiie unanimous 7
decision of the entire membership of the board, rendered upon a written 8
petition addressed to the board and after a public hearing thereon, of 9
which notice shall be mailed to the petitioner and to the owners of all 10
projx'rty deemed by the board to be atl'ected thereby as they appear on 1 1
tiie most recent local tax list and also advertised in a newspaper published 12
in the city or town. The board shall cause to be made a detailed record 13
of all its proceedings relative to such petition, which record shall set 14
forth the reasons for its decision, the vote of each member participating 15
therein, and the absence of a member or his failure to vote. Such record, 16
immediately following the board's final decision, shall be filed in the office 17
of the city or town clerk and shall be open to public inspection, and notice 18
of such decision shall be mailed forthwith to each party in interest as 19
aforesaid. Any person aggrieved by a decision of the board of appeals, 20
whether previously a party to the proceeding or not, or any muiiici])al 21
officer or board, may, within fifteen days after the entry of such decision, 22
bring a petition in tiie sui)reme judicial court for a writ of certiorari to 23
Chap. 40.] powers and duties of cities and towns. 415
24 correct errors of law therein, and the provisions of section four of chapter
25 two hundred and forty-nine shall, except as herein provided, apply to
2() said petition. No costs shall he allowed against the board unless the
27 court finds that it acted with gross negligence or in bad faith.
1 Section 28. The superior court shall have jurisdiction to enforce the Enforcement
2 provisions of section twenty-five and may restrain by injunction any i92o!'6m,"§6.
3 violations thereof.
250 Mass. 52, 63, 73. 255 Mass. 84. 272 Mass. 547.
1 Section 29. An ordinance or by-law enacted under section twenty- Exemption of
2 five shall not apply to existing buildings or structures nor to the existing tures and""""'
3 use of any building, structure or premises, but it shall apply to any alter- pubiic"fervice
4 ation of a building or structure to provide for its use for a purpose, or in a Jgao?^!!"^'
5 manner, substantially different from the use to which it was put before ,517.'*,„ .,
* 1 I 1 I 19J5. Ufa, 8 3.
0 alteration. A building, structure or premises used or to be used by a ^so i^ass. S2,
7 public service corporation may be exempted from the operation of an 257 Mass. 346.
8 ordinance or by-law enacted under section twenty-five if, upon a petition
9 of the corporation, the department of public utilities shall, after a public
10 hearing, decide that the present or proposed situation of the building,
1 1 structure or premises in question is reasonably necessary for the con-
12 venience or welfare of the public.
1 Section 30. No ordinance or by-law enacted under section twenty- Repeal and
2 five shall be repealed or modified except after reasonable notice of the 1920', eoi'.T 9.
3 proposed repeal or modification and an opportunity to the objectors Hif,] ts] 216.
4 to be heard thereon, and, in a town, notification as provided by law of 25o^\ii^a. 52.
5 a town meeting duly called in pursuance of a warrant warning that gy^Mass 547
() such proposed repeal or modification is to be acted upon thereat shall be
7 sufficient notice for the purposes hereof. In a city, such a hearing shall
8 be before the city coimcil or any committee designated or appointed for
9 the purpose by the city council. If in a city any owner of real estate
10 which would be affected by the proposed repeal or modification objects
1 1 thereto by a writing filed with the city clerk, the ordinance shall not be
12 repealed or modified except by a unanimous vote of all the members of
1.3 a city council of less than nine members or by a three fourths vote of
14 all the members of a city council of nine or more members; and in no
1.5 case shall such an ordinance be repealed or modified except by a two
10 thirds vote of all the members of the city council. If in a town any
17 person shall, prior to the day named in the warrant for the town meet-
15 ing at which such proposed repeal or modification is to be acted upon,
19 file with the town clerk his objections thereto in writing, together with
20 his name and address, the town clerk shall give notice of such fact to the
21 town meeting which shall not act on such proposed repeal or modification
22 until it has referred the objections to a committee thereof to hear the
23 objecting party and report to said meeting or an adjournment thereof
24 or has referred the same to the town planning board for such purpose
2.5 and has received a report made in pursuance of such reference after
26 giving the objector an opportunity to be heard. If no objections are
27 filed as aforesaid the meeting may consider and act upon the proposed
28 repeal or modification without further notice. In no case shall such a
29 by-law be repealed or modified except by a two thirds vote of a town
30 meeting.
416
POWERS AND DUTIES OF CITIES AND TOWNS.
[Chap. 40.
Effect on
permits issued
prior to
adoption or
modification
of zoning
ordinances
or by-laws.
1927, 247.
Section 30A. No ordinance or modification thereof enacted under 1
section twenty-five or thirty shall affect any permit issued in a city 2
before notice of hearing on the question of enactment or modification 3
as aforesaid is first given, and no by-law or modification thereof so 4
enacted or modified shall affect any permit issued in any town before 5
notice of hearing on the question of enactment or modification as afore- 6
said or before expiration of the time for inserting articles in the warrant 7
for the town meeting at which such by-law or modification is enacted, 8
whichever occurs first; provided, that construction work under any 9
such permit is commenced within six months after its issue. 10
Performance
of duty
imposed by
by-laws.
1S55, 287.
G. S. 18, § 13.
P. S. 27, § 20.
R. L. 25, § 25.
1B6 Mass. 133.
Section 31. If a town by-law imposes a duty and affixes a penalty
for the neglect or violation thereof, it may also provide that upon such
neglect or violation the duty may be performed by officers therein
named, at the expense of the person liable to perform the same; and
such expense, to an amount not exceeding the penalty, may be recov-
ered in contract by the town.
Publication
of by-laws.
1692-3, 28, § 5.
1695-6, 9, § 5.
1785, 75, § 7.
R. S. 15, §§ 13,
15.
1847, 166.
1855, 222,
S§1. 2.
1857, 82.
G. S. 18,
§§ 14, 16.
P. S. 21,
§§ 21, 23.
R. L. 25, 5 26.
1904, 344,
§§1,2.
1905, 144.
Section 32. Before a by-law takes effect it shall be approved by 1
the attorney general, and shall be published at least three times in one 2
or more newspapers, if any, published in the town, otherwise in one 3
or more newspapers published in the county; or instead of such publi- 4
cation, notice of the by-law shall be given by delivering a copy thereof 5
at every occupied dwelling or apartment in the town, and affidavits of 6
the persons delivering the said copies, filed with the town clerk, shall 7
be conclusive evidence of proper notice hereunder; provided, that any 8
by-law in force upon May sixteenth, nineteen hundred and four, shall 9
not be subject to this section. 10
1919, 275.
2 Gush. 335.
140 Mass. 485.
141 Mass. 81.
260 Mass. 594.
265 Mass. 41.
Publication
of ordinances
and proposed
ordinances
in certain
cities.
1929, 369.
Section 32A. The provisions in the charter of a city which accepts 1
this section by vote of its city council, requiring newspaper advertising 2
of certain ordinances and proposed ordinances shall, in case of any ordi- 3
nance or proposed ordinance, or codification thereof, exceeding in length 4
eight octavo pages of ordinary book print, be deemed to be complied 5
with if the same is published by the city council in a municipal bulletin 6
or printed pamphlet, but otherwise in conformity with said provisions. 7
fo°befifed^°^ Section 33. A copy of all rules or regulations made by town boards
de'ru'"™ *^'" officers for which a penalty is pro\-ided by law shall be filed with the
1920, 591, § 4. town clerk within ten days after they take effect.
lockup.
^dfup.""^ Section 34. Each town containing more than three thousand in- 1
1873' 175' §3^' habitants shall, and any town may, maintain a secure and con\enient 2
i87(i! 159; § 1. lockup to which persons arrested without a warrant may be com- 3
mitted; and a magistrate may commit, for further examination, a 4
prisoner charged with a bailable offence and not recognizing, to the 5
lockup in the town where the prisoner was arrested or to the lockup 6
in a town where the court is held, if he considers it safe and commodious 7
and that expense may be saved thereby. If a town neglects to provide 8
and maintain a lockup as herein required, it shall forfeit ten dollars 9
for each month during which such neglect continues. 10
p. S. 27
§§32, 35.
R. L. 25,
§§ 39, 42.
1918, 291, § 6.
1U06, 291, § 10.
Chap. 40.] powers and duties of cities and towns. 417
1 Section 35. The mayor of each city, except Boston, and in Boston Keeper of
2 the police commissioner, and the selectmen of each town required to iwsTiTs,
3 maintain a lockup shall annually, by a writing recorded with the town llsV.ue. §7.
4 clerk, appoint a keeper of the lockup, wlio shall have the care and §"§33,^35;
5 custody thereof and of persons committed thereto. He shall accept j^^i 1^3 . ^
6 the appointment within three days after notice thereof, shall be sworn R-L^25 '
7 and shall hold office for one year unless sooner removed. If the select- 26, §40. '
8 men neglect to a])point a keeper, each selectman shall forfeit ten dol-
9 lars for each month during which such neglect continues; and if the
10 mayor, except in Boston, or in Boston the police commissioner, neglects
1 1 for three months to appoint a keeper, he shall forfeit thirty dollars and
12 ten dollars additional for each subsequent month of such neglect.
1 Section 36. Such keeper shall have the power of a police officer powers of
2 and shall receive the compensation to be fixed by the selectmen upon chTrgrafor
3 his appointment. For the expenses of detention and support of each i8e2!"2^ie^ 5 17
4 person committed, shown by the officer's return to have been actually J|^g, 175. § 2.
5 detained in the lockup, there may be charged upon the precept, if any, J>*if'|7^s3,
6 and paid to the town, fiftv cents for each day or fraction thereof. im le'e.
^ " ■ R. L. 25, § 41.
1 Section 37. Such lockups shall at all reasonable hours be ac- Lockup to be
2 cessible to the state police, sherifi's, constables and police officers for officcre'i''' '°
3 any legal and proper use; and a keeper thereof neglecting to keep it Jlreisos! 1 2!
4 so accessible, or refusing to said officers the use of the same, shall be p- | 27^- ^^i
5 punished by a fine of not less than five nor more than twenty dollars.
PUBLIC water supply.
1 Section 3<8. A town, by the action of its selectmen, ratified by a Town may
2 majority of its voters present and voting thereon at a town meeting waterTuppiy.
3 at which the voting list shall be used, or a city, by two thirds vote of §§'?,' 1.^'
4 its city council, ratified by a majority of the voters thereof at an elec- p^^l/lf,®'
5 tion called therefor, may, for the purpose of supplying water to its U^g^^'
G inhabitants, purchase of any municipal or other corporation the right r.'l. 25,
7 to take water from its sources of supply or from its pipes; or may pur- 26, §5.
8 chase its whole water rights, estates, franchises and privileges, and 144 mSs! 177!
9 thereby become entitled to all its rights and privileges and subject to 235 Mass! is*'
10 all its duties and liabilities; or may contract therewith for a supply of
11 water. All purchase money received under this section by a town owing
12 a water debt shall be applied to the payment thereof.
1 Section 39. If the water is conveyed through another town, pipes Pipes may be
2 may be laid through any public ways therein which the board of alder- town" "'"'
3 men or selectmen thereof may designate; and the town laying such pipes firlj^g^'^ 4.
4 shall be liable for damages caused thereby.
P. S. 27, § 30. R. L. 25, § 33.
1 Section 40. The metropolitan district commission in cities or towns Emergency
2 using the metropolitan water supply, the city council in other cities, tlie Tgorsrs."^'
3 selectmen or water commissioners in other towns, water commissioners H l *25,
4 of water supply and fire and water districts, officers ha\'ing control of JIqI^'sm.
5 county institutions having water works, and water companies supplying |?'|^^f23
6 any communities in the commonwealth may, in cases of emergency, take 1926,318.
7 by eminent domain under chapter seventy-nine the right to draw water
418 POWERS AND DUTIES OF CITIES AND TOWNS. [CuAP. 40.
from any stream, pond or reservoir or from ground sources of supply by 8
means of driven, artesian or other wells not already appropriated to uses 9
of a municipal or other public water supply, or may purchase water from 10
any city, town or water company, or county institution having water 11
works, for a period of not more than six months in any year in quantities 12
necessary to relieve the emergency; but no such taking or purchase shall 13
be made until after the department of public health has approved the 14
water as a proper source of water supply and unless and until, in the case 15
of towns and water supply and fire and water districts, the selectmen or 16
water commissioners have first been authorized so to take or purchase by 17
a vote of the voters at a town meeting or a district meeting, as the case 18
may be, or, in the case of water companies, said companies have first 19
been so ordered in writing by said department. They may also take by 20
eminent domain under said chapter seventy-nine the right to use any 21
laud for the time necessary to use such water; provided, that, in the case 22
of such a taking by a water company, said department sliall first pre- 23
scribe the limits within which such rights shall be taken. The vote of a 24
city council or of the voters of a town or of a water supply or water and 25
fire district or the action of county officers as aforesaid or of the metro- 26
politan district commission or the written order of said department of 27
jjublic health to a water company to make or authorize such taking or 28
purchase as aforesaid shall be conclusive evidence of the existence of the 29
emergency. Any city, town or water company or the officers having 30
control of any county institution having water works may, for a period 31
of not more than six months in any year, sell to the metropolitan district 32
commission, to any city, town, water supply or fire and water district or 33
water company or to any county institution having water works such 34
quantities of water as may be available at the time and the approval of 35
said department of public health shall be conclusive evidence that such 36
quantities are safely available for sale. In such emergencies the said 37
parties interested may agree to install for the purpose temporary pipes 38
and other works in any city or town; provided, that the installation or 39
repair of such pipes or other works in or along any highway shall be done 40
with the least possible hindrance to public travel, and shall be subject to 41
the direction and approval of the officers or departments having charge of 42
the maintenance of said highways. 43
Protection of SECTION 41. Tt)wns and water supply and fire districts duly estab- 1
issl'i'er'^' lished by law may, with the consent and approval of the department of 2
wok 499,^ "■ public health, given after due notice and a hearing, take by eminent 3
i9iV i'35' domain under chapter seventy-nine, or acquire by purchase or otherwise, 4
1919 350' 5 96 «i"cl hold, lands, buildings, rights of way and easements within the water- 5
shed of any pond, stream, reservoir, well or other water used by them as a 6
source of water supply, which said department may deem necessary to 7
protect and preserve the purity of the water supply. All lands taken, S
purchased or otherwise acquired under this section shall be under the 9
control of the board of water commissioners of the town or district ac- 10
quiring the same, who shall manage and improve them in such manner as 11
they shall deem for the best interest of the town or district. All damages 12
to be paid by a town or district by reason of any act done under authority 13
hereof may be paid out of the proceeds of the sale of any bonds authorized 14
by law to be issued by such town or district for water supply purposes 15
or from any surplus income of the water works available therefor. A 16
town may also make a contract to contribute to the cost of building, by 17
CUAP. 40.J POWERS AND DUTIES OF CITIES AND TOWNS. 419
IS any other town situated in the watershed of its water supply, a sewer or
19 system of sewers to aid in proteeting such water supply from pollution.
1 Section 42. The board of aldermen or the selectmen may, upon Amhorization
2 terms and conditions prescribed by them, authorize the laying of pipes fj^^^^
3 and conduits for the conveyance of water under any public way in their 4 op! a. 6. 342.
4 town; provided, that this section shall not authorize any person to
5 supply water to any other person in any town where municipal water
6 works are established except with the consent of the board or authority
7 having charge of such water works therein.
COLLECTION OF W.\TER RATES.
1 Section 42A. If the rates and charges due to a city or town or water water rates,
, 1 ft p ^^ • • i j.£*a whentobeUen
2 district which accepts this and the nve following sections by vote or its up™ real estate.
3 city council or of the voters in town or district meeting for supplying 1924; 107!
4 water to any real estate at the request of the owner or tenant, inchuling aefMats. 460.
5 interest and costs thereon, as established by local regulations, ordinances
6 or by-laws, are not paid within sixty days after their due date, the same
7 shall be a lien upon such real estate in the manner hereinafter provided.
8 This and the five following sections shall not take effect in a city or town
9 or water district accepting the same as aforesaid until the city, town or
10 district clerk files in the proper registry of deeds a certificate that said
11 sections have been so accepted. Each register of deeds shall record such
12 certificate in a book to be kept for the purpose, which shall be placed in
13 an accessible location in the registry. The five following sections shall
14 also apply to a water district which has accepted sections forty-two A to
15 forty-two F, inclusive, and whose clerk has so filed the certificate of
16 acceptance, and wherever in said sections the word "town" and the
17 phrase "board or officer in charge of the water department" or "board
IS or officer having control of the water department" appear, they shall
19 also mean and include such water district and its water commissioners or
20 officers exercising similar powers, respectively. A fire district authorized
21 to supply water shall, for the purposes of said sections, be deemed a
22 water district.
1 Section 42B. Such lien shall take effect upon the filing for record t^X'^^^.^"*"
2 in the registry of deeds for the county where the real estate lies of a i^||°'j^\°°-
3 statement by the board or officer in charge of the water department 1924; 413!
4 that the rates and charges for water suppHed to the real estate therein
5 described, including interest and costs, to an amount therein specified,
6 have remained unpaid for sixty days after the due date, and said lien
7 shall continue for one year from the first day of October next following.
8 Such statement shall contain the name of the owner of record of such
9 real estate and a description thereof sufficiently accurate for identifica-
10 tion. The register of deeds shall receive and record or, in case of regis-
11 tered land, file and register, said statement. Such lien may be dissolved
12 by filing for record in such registry of deeds a certificate from the col-
13 lector of taxes of the city or town in which such real estate is situated
14 that all rates and charges for which such lien attached, together with
15 interest and costs thereon, have been paid or legally abated.
1 Section 42C. Within a reasonable time after filing such statement ^^Xtl"!™™-
2 for record or registration, the board or officer in charge of the water ^^^1^™'^*°
420
POWERS AND DUTIES OF CITIES AND TOWNS.
[Chap. 40.
Powers and
duties of
collectors.
1923, 391.
department shall commit the unpaid account with his warrant to the
collector of taxes of the city or town, and such collector shall forthwith
send notice in accordance with section three of chajjter sixty to the
person designated in such warrant as the owner of record, and any de-
mand for the payment of such account shall be made upon such person.
The collector shall have the same powers and be subject to the same
duties with respect to such unpaid accounts as in the case of the annual
taxes upon real estate, and the provisions of law relative to the collection 10
of such annual taxes, the sale of land for the non-payment thereof and 1 1
the redemption of land so sold shall apply to unpaid accounts charged 12
upon real estate under sections forty-two A to forty-two F, inclusive. 13
Unpaid ac-
counts to bear
interest and
be added to
tax bill.
1923, 391.
Section 42D. Unpaid accounts under sections forty-two A to 1
forty-two F, inclusive, shall bear interest at the rate of six per cent per 2
annum from the time demand is made under the preceding section, or 3
from such earlier time after their due date as the city or town may by 4
ordinance or by-law provide. Any such account committed to the col- 5
lector under said section and remaining unpaid shall be added by the G
collector to the annual tax bill next to be issued, and the total amount of 7
such bill shall be subject to interest under the provisions of section 8
fifty-seven of chapter fifty-nine. 9
Abatements.
Appeals.
1923, 391.
Section 42E. An owner of real estate aggrieved by a charge imposed
thereon under sections forty-two A to forty-two F, inclusive, in addition
to such remedy as he may have under section ten of chapter one hundred
and sixty-five, may apply for an abatement thereof by filing a petition
with the board or officer having control of the water department within
thirty days after demand under section forty-two C, and if such board
or officer 'finds that such charge is more than is properly due, a reason-
able abatement shall be made; and except as otherwise provided herein,
the provisions of chapter fifty-nine relative to the abatement of taxes
by assessors shall apply, so far as applicable, to abatements hereunder. 10
If such petition is denied in whole or in part, the petitioner may appeal 11
to the superior court for the county where the real estate lies upon the 12
same terms and conditions as a person aggrieved by the refusal of the 13
assessors of a city or town to abate a tax. 14
charges
1923, 391.
Recovery from Section 42F. Au owucr of real estate who, in order to prevent the
owners^aying imposition of a lien thereon or to discharge the same, has paid charges
for water furnished to a tenant or other person who was bound to pay
the same, may recover from such tenant or other person in an action of
contract the amount of the charges so paid with all incidental costs and
expenses.
hot water and ste.\m.
Section 43. The board of aldermen or the selectmen may, upon
terms and conditions prescribed by them, authorize the laying of pipes
and conduits for the transmission of steam or hot water for heating,
cooking and mechanical power, for private use, under any public way
in their town, may regulate and control the same, may at any time re-
quire the persons using such pipes and conduits to make alterations in
the location or con.struction thereof, and may, after notice and hearing,
order the removal thereof. Any use of such pipes and conduits other
Pipes for hot
water and
ateam.
1909, 103.
Chap. 40.] powers .\nd duties of cities .'VND towns. 421
9 than herein authorized shall terminate the authority to maintain the
10 same. Sections twelve, thirteen and fourteen of chapter one hundred
11 and fifty-eight shall apply to proceedings hereunder so far as applicable.
improvement districts.
1 Section 44. A town may, at a town meeting, authorize a village Establishment
2 or district therein, if it contains not less than one thousand inhabitants, disim-t".'"""''"
3 to organize under a name approved by the town for the purpose of p. s.'27, '
4 erecting and maintaining street lamps, establishing and maintaining H' f'^°- 5 44
5 libraries, building and maintaining sidewalks, or for employing and ^gs Mass. m.
6 paying police officers, and shall accurately define the limits of such vil-
7 lage or district. Such village or district shall have a clerk and a pru-
8 dential committee, and may have a treasurer and such other officers
9 as it determines, each of whom shall hold office for one year and until
10 another is qualified. Such village or district may adopt by-laws to
11 define the manner of calling its meetings and the duties of its officers,
12 may sue and be sued in the name of its inhabitants, and, so far as
13 appropriate, shall be subject to sections sixty-two, sixty-three, sixty-six,
14 sixty-nine, seventy-one, seventy-two, seventy-three, seventy-seven and
15 seventy-nine of chapter forty-eight.
recognizance.
1 Section 45. The selectmen of a town required to enter into a Recocmzances
2 recognizance may by an order or vote authorize any person to enter i833?2i6.
3 into the recognizance in its name and behalf. No surety shall be re- §§ asHa.
4 quired thereon.
g. s. is, § 18. p. s. 27, § 51. r. l. 25, § 58.
oath of claimant.
1 Section 46. Any person authorized to approve a claim against a Oaths may be
2 town for labor, materials or service may, before approval thereof, re- persons
3 quire the claimant to certify under oath that all the articles for which demand for
4 claim is made have been furnished, or that all the labor or service has igyo.^i'oi, §3.
5 been performed, and that no commission, discount, bonus, reward or j'g^l 27.^5 in^.
6 present of any kind has been received by, or promised to, or is expected R- l! 25, '§ 98.
7 by, any person on account of the same.
seal.
1 Section 47. Each town shall have a seal, established at a town Seai.
2 meeting, to be kept by the town clerk. Papers or documents issued from isoo! 256',
3 any office or board of the town may be attested therewith. Cities which r l. 25, § 2S;
4 had an authorized seal in use on May tenth, eighteen hundred and ninety- ^®' ^ *■
5 nine, may continue to use such seal until changed by ordinance, and other
6 cities shall by ordinance establish a seal of the city and designate the
7 custodian thereof.
records and reports.
1 Section 48. Every town shall provide suitable places, to be approved ^^^^"''^ °'
2 by the supervisor of public records, for the preservation and convenient isss, 106,
3 use of all books, reports and laws received from the commonwealth; g. s. I's, § 17.
4 and for every month's neglect so to do shall forfeit ten dollars. Said r.l. 25, §27.
422
POWERS AND DUTIES OF CITIES AND TOWNS.
[Chap. 40.
1907, 117.
1908, 142,
§§ 1, 2.
1919, 350, § 24.
4 Op. A. G. 212.
books, reports and laws shall be in the custody or control of the town 5
clerk, unless the city council or selectmen shall by vote designate some 6
other person to have said custody or control of all or part of the same. 7
Annual town
report.
R. L. 2.5, § 29.
1918, 291, § 4.
Section 49. The selectmen, before the annual town meeting, shall 1
at the expense of the town print the annual town report, for the use of 2
the inhabitants, containing the report of the selectmen for the financial 3
year preceding said meeting, the report of the school committee, and, ex- 4
cept as otherwise provided by vote or by-law of the town, of such other 5
officers and boards as consider it expedient to make a report, the jury 6
list as required by chapter two hundred and thirty-four, and such other 7
matters as the law, or the town by vote or by-law, requires, or as the 8
selectmen consider expedient. If the selectmen neglect or refuse to make 9
the annual town report, they shall severally forfeit fifty dollars. 10
Town clerks to
forward copies
of reports to
state library.
1866, 195,
§§ 1, 2.
P. S. 27,
§§ 25, 26.
R. L. 25, 5 30.
Section 50. One copy or more of the annual report and of any 1
special report of a town shall annually, on or before the last day of 2
April, be transmitted by the town clerk to the state library, and until 3
such transmission the publications distributed by the commonwealth 4
shall be withheld from the town. 5
Names of
persons as-
sisted by
board of
public welfare
not to be
published.
1910, 412.
1919, 290, § 2.
Section 51. No town or officer thereof shall publish in any report 1
for general distribution to the public or to its citizens the names of 2
persons assisted in any way by the board of public welfare of the town, 3
or the names of any persons residing in such town who received aid under 4
chapter one hundred and fifteen. 5
1931. 394, § 110.
Size of official
letters.
1913, 702.
Section 52. All official letters from officers of towns shall be written 1
or printed, so far as practicable, on paper eight and one half inches wide 2
and eleven inches long. 3
Restraint
of illegal
appropriations.
1847. 37.
G. S. 18, § 79.
P. S. 27, § 129.
1885, 312, § 5.
1891,293.
1898, 490.
R. L. 25. 5 100.
3 Cush. 630.
10 Cush. 252.
1 Allen, 103,
166.
6 Allen, 152.
11 Allen, 108.
99 Mass. 525.
ILLEGAL APPROPRIATIONS.
Section 53. If a town or any of its officers or agents are about to 1
raise or expend money or incur obligations purporting to bind said town 2
for any purpose or object or in any manner other than that for and in 3
which such town has the legal and constitutional right and power to raise 4
or expend money or incur obligations, the supreme judicial or superior 5
court may, upon the petition of not less than ten taxable inhabitants of 6
the town, determine the same in equity, and may, before the final deter- 7
tnination of the cause, restrain the unlawful exercise or abuse of such 8
corporate power. . 9
103 Mass. 94. 141.
116 Mass. 88.
139 Mass. 341.
1 11) Mass. 459.
14,S Mass. 285.
153 Mass. 129.
154 Mass. 410.
160 Mass. 36.
166 Mass. 347.
185 Mass. 142.
193 Mass. 406.
196 Mass. 220, 267.
198 Mass. 221, 248.
201 Mass. 453.
203 Mass. 146.
206 Mass. 129.
207 Mass. 172.
212 Mass. 583.
216 Mass. 422.
217 Mass. 336.
223 Mass. 109.
224 Mass. 176.
231 Mass. 252.
238 Mass. 9.
239 Mass. 95.
241 Mass. 325.
245 Mass. 543.
246 Mass. 279.
247 Mass. 417.
248 Mass. 165.
251 Mass. 468.
252 Mass. 213, 258.
253 Mass. 247, 408.
254 Mass. 50.
255 Mass. 220.
260 Mass. 255.
262 Mass. 214.
266 Mass. 503.
267 Mass. 567.
268 Mass. 288, 480.
269 Mass. 585.
271 Mass. 495.
272 Mass. 130.
273 Mass. 468, 53G.
ClL\P. 41.1 OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS.
423
CHAPTER 41 .
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS.
Sect.
1.
2.
4A,
5.
6.
8.
9.
10.
II.
ELECTION OF TOWN OFFICERS.
Officers to be elected.
New board of officers. Increase or
decrease in membership of board.
Officers of cities.
Penalty for not ch»osing selectmen
or assessors.
Appointment by town boards of
their members to other town of-
fices, etc.
Voting list.
Towns may provide for use of official
ballots.
Determination of officers to be
chosen by official ballot.
Deposit of ballots.
Sealing of ballots.
Failure to elect, and vacancies.
Appointment to fill vacancy.
CLERK.
12. Term of office in cities.
13. To give bond to town.
14. Temporary clerk.
15. Duties of clerk.
15A. Certification of appropriation orders.
16. Return of certificate of oath.
17. Copies of city contracts.
18. Assistant city clerk.
19. Assistant town clerk.
SELECTMEN.
20. Duties and oaths.
21. Vote authorizing selectmen to act as
or appoint other officers.
22. Term of office and salary of ap-
pointees.
23. Rescission of vote.
ASSESSORS.
24. Term and number to be chosen.
24A. Election, etc., of assistant assessors
in cities.
Appointment, etc., by selectmen in
certain towns.
Appointment, etc., of assistant as-
sessors by assessors in certain
towns.
Appointment, etc., by selectmen if
town so votes.
Appointment by county commis-
sioners.
Assistant assessors. Powers and
duties.
Oath of office.
Penalty for false valuation.
25.
25A.
26.
27.
28.
29.
30.
Sect.
board of public welfare.
31. Vote authorizing selectmen to act as
board of public welfare.
32. Agent.
32A. Designating school physician as
agent in certain towns.
33. Organization of board.
34. Records.
34A. [Repealed.]
TREASURER AND COLLECTOR.
35. Treasurer. Bond. Duties.
36. Prosecution of certain actions on be-
half of town.
37. Collection of taxes by treasurer.
38. Collector may be given powers of
treasurer.
3S.\. Collection by collector of accounts
due to city, etc.
39. Constable collector of taxes, when.
40. Temporary treasurer or collector.
41. Oath to pay rolls and bills required.
42. Contents of pay roll.
43. Penalty.
SINKING FUND COMMI.SSIONERS.
44. Appointment. Terms. Treasurer
and secretary.
COMMISSIONERS OF TRUST FUNDS.
45. Appointment of commissioners.
46. Duties of town treasurer.
47. Duties of commissioners.
AUDITOR.
48. Term of office in cities.
49. Vacancy in towii.
50. Powers and duties.
51. Notice to creditor of amount pay-
able.
52. Approval of bills.
53. Auditing of public trusts.
54. Notice to auditor of payment to
treasurer.
54A. Annual notification as to receipts by
auditor, etc., to assessors.
ACCOUNTANT.
55. Appointment and qualifications.
56. Warrants for expenditures.
57. Shall keep books of account.
58. Notice to town officers of condition
of their appropriations.
59. Annual estimates to be furnished to
accountant.
424
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ChAP. 41.
Sect.
60. Table of estimated appropriations.
61. Annual report.
TEMPORARY AUDITOR, TREASURER, COL-
LECTOR OF TAXES, ACCOUNTANT AND
CLERK OF A TOWN AND TEMPORARY
HEADS OF CITY DEPARTMENTS.
61A. Temporary auditor, treasurer, etc.
Appointment, term, duties.
OFFICERS IN CHARGE OP ROADS, SEWERS
AND WATER WORKS.
Duties of highway surveyor.
Road commissioners and sewer com-
missioners.
Road commissioners. Powers and
duties.
Sewer commissioners. Powers and
duties.
Superintendent of streets. Appoint-
ment and term.
One supermtendent for two or more
towns.
Duties of superintendent of streets.
Superintendent of water or sewer
department.
62.
63.
64.
65.
67.
68.
69.
PLANNING BOARD.
70. Appointment and duties.
71. Annual reports.
72. Ordinances and by-laws.
BOARD OF SURVEY.
73. Appointment and terms.
74. Filing of plans by private persons.
75. Preparation of plans by board.
76. Substitution of new plans.
77. Construction of ways not in accord-
ance with plans forbidden.
78. Plans not to be recorded unless ap-
proved by board.
79. Monuments and marks.
80. Establishment of exterior lines.
81. Damages.
ART COMMISSION.
82. Acceptance of statute.
83. Appointment and removal.
84. Approval of mimifipal buildings and
works of art in public places.
WEIGHERS, MEASURERS AND SURVEYORS OF
COMMODITIES.
85. Appointment, qualification and term
of office.
86. Duties and obligations.
87. Not to affect weighers of particular
commodities.
88. Weighers of fish.
89. Deputy weighers.
90. Penalty for violating oath of oflice.
Sect.
91.
91A.
92.
93.
94.
95.
CONSTABLES.
Appointment and removal in cities.
Appointment of constables in towns.
Service of civil process.
Remedy on bond.
Powers and duties.
Jurisdiction outside town limits.
POLICE OFFICERS.
96. Appointment and tenure of office.
97. Police departments of certain towns.
98. Powers and duties of police officers.
99. Service in other places on requisi-
tion.
100. Indemnification of police oflScers,
firemen and certain persons as-
sisting police officers.
lOOA. Indemnification of officers or em-
ployees for damages, etc., in-
curred on account of injuries
ari.sing out of their operation of
publicly owned motor vehicles.
101. Commissioner of pubHc safety.
INSPECTOR OF HEALTH.
102. Appointment and duties.
102A. Appointment of school physician as
inspector of health in certain
towns.
PURCHASING AGENT.
103. Duties and salary.
104. Acceptance of preceding section.
TRUSTEES OF SOLDIERS* MEMORULS.
105. Duties and maimer of selection.
THEE WARDEN.
106. Appointment.
TOWN PHYSICIAN.
106A. Appointment of school physician as
town physician in certain towns.
TERM OF OFFICE AND COMPENSATION OF
TOWN OFFICERS.
Oath of office. Time of entering
upon duties.
Compensation.
Resignation. Effect of removal from
town.
109.\. Surety company bonds.
107.
108.
109.
HOLIDAYS AND VACATIONS.
110. Half holidays to employees.
111. Vacations of laborers.
IIIA. Vacations for members of regular or
permanent police and fire forces
in towns.
CUAP. 41.] OFFICERS AKD EMPLOYEES OF CITIES, TOWNS AND DISTRICTS.
425
Sect.
employment of veterans.
112. Employment of veterans in labor
service.
DISTRICT OFFICERS.
113. District may vote to use official
ballots. Certain districts to be
subject to laws relative to such
ballots.
Sect.
114.
11.5.
IIG.
117.
118.
119.
Election laws to apply.
Filing of nomination papers, etc.
Duties of prudential committee and
clerk.
Town to pro-inde polling place, bal-
lot box, etc.
State secretary to supply blank
forms, tally sheets, etc.
Time of holding election and meet-
ing, etc.
ELECTION OF TOWN OFFICERS.
1 Section 1. Every town at its annual meeting shall in every year officers to be
2 when the term of office of any incumbent expires, and except when other itssJm, § i:
3 pro\ision is made by law, choose by ballot from its inhabitants the follow- isie, 143, § 5.
4 iiig town officers for the following terms of office:
1886, 150; 295, § 1.
1888, 221, 5 1.
1893,304, § 1; 417,
1894, 16: 218; 473,
1895, 374, § 1;506,
R. S. 15, § 33;
19, § 16:23, § 10.
1857,270, §§1,2,4.
1859. 264.
G. S. 18, §31;3S, §§ 16.21.
1871, 158.
1874. 389.
1877, 186.
1878, 255.
1879, 223, S 4.
P. S. 27, 5 78; 44,
§§ 21, 26.
266.
1.
i 2 3
1896, 190, § 1; 319.
1898, 548, §§331, 332, 334.
1899, 330, § 1.
1901, 482.
R. L. 11, §§334-336,3.38.
1907.560, §§362-364,
366, 456.
1911, 222.
1913,835, §§400, 403,
405, 503.
1918, 257, §§ 151, 152;
291, § 26.
1919, 5.
1920, 2; 591, §§ 33, 35.
1923, 66.
1925, 178.
1931. 394, § 111.
262 Mass. 127.
Op. A. G. (1918) 115.
5
6
7
168 Mass. 562.
6 Met. 497.
206 Mass. 380.
A town clerk for the term of one or more years.
A town treasurer for the term of one or three years.
One or more collectors of taxes for the term of one or three years, unless
8 the town votes otherwise or votes to authorize its treasurer to act as
9 collector.
1 0 Three or five selectmen for the term of one or three years.
1 1 Three or five assessors for the term of three years.
217 Mass. 520.
12 Three or five members of the board of public welfare for the term of one
13 or three years unless the town votes to authorize its selectmen to act as
14 such board.
1 5 One or three auditors for the term of one year, unless a town accountant 203 Mass. 539.
16 is appointed.
17 One or more highway surveyors for the term of one or three years; or Jf ^^j^J^^Hj
A road commissioner for the term of one year; or
Three road commissioners for terms of three years, as the town may
20 vote.
21 A sewer commissioner for the term of one year; or
Three sewer commissioners for the terms of three years if the town has
provided for such officers, unless the town by vote authorizes its road
18
19
22
23
A tree warden for the term of one year.
One or more constables, unless the town by vote provides that they
shall be appointed.
Three, five, six, seven or nine members of the school committee for
207 Mass. 460.
29 terms of three years.
Tliree or more assistant assessors, if the town so votes, for the term of
three years.
Three members of the board of health for the term of three years if the
town provides for such board, otherwise the selectmen shall act as a board
30
31
32
33
34 of health.
426
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ChAP. 41.
All other town officers shall be appointed by the selectmen unless other 35
provision is made by law or bj' vote of the town. .36
Women shall be eligible to all town offices, notwithstanding any special .37
law to the contrary. 38
In any case where three or more members of a board are to be elected 39
for terms of more than one year, as nearly one third as may be shall be 40
elected annually. 41
New board of
officers. In-
crease or .de-
crease in mem-
bership of
board.
1878, 255.
P. S. 27,
§§64-69,73.
1893. 417.
§§267-270.
1895, 374, § 2.
1898, 648,
§§333,335,336.
R. L. 11,
§§337,339,340.
1907, 560,
§§365,367,368,
456.
1913, 835,
§§404,406,407,
503.
1920, 591,
§§ 33, 35; 633.
185 Mass. 85,
221 Mass. 223.
Section 2. Where the town elects a new board or officer to perform 1
the duties of an existing board or officer, the office of such existing board 2
or officer shall terminate upon the qualification of the new board or 3
officer. Where official ballots are used, the establishment of a new 4
board or office, or the fixing of the term of office of town officers where 5
such term is optional, or the increase or reduction of the number of 6
members of a board, shall be determined at a meeting held at least thirty 7
days before the annual meeting. In towns not using official ballots the 8
matter may be determined by vote at the annual meeting. Such vote 9
shall continue in effect until rescinded. If a town votes to increase the 10
number of members of any board, such increase shall be made by adding 11
one or more to each class, to hold office according to the tenure of the 12
class to which they are severally chosen, as will within three years effect 13
it, and such vote to increase shall remain in force until the increase under 14
it is accomplished. If a town votes to diminish the number of members 15
of any board, such diminution shall be made by choosing annually such 16
number as will within three years eiTect it, and a vote to diminish shall 17
remain in force until the diminution under it is accomplished. If a town 18
votes to reduce a board of three members to a single officer, such vote 19
shall take effect at the following annual town meeting, and upon the 20
election and qualification of such officer the term of said board shall 21
terminate; provided, that in towns where official ballots are used, unless 22
the vote thus passed is more than thirty days prior to the annual town 23
meeting, it shall not take effect until the succeeding annual town meeting. 24
Officers of
cities.
R. S. 2, § 6,
cl. 17.
G. S. 19, § 2.
P. S. 28, § 2.
1882, 164.
R. L. 26, § 2.
1920, 633.
Section 3. Officers of cities shall have the powers and be subject to 1
the liabilities of the corresponding town officers, if no other provisions 2
are made relative to them. Women shall be eligible to city offices to the 3
same extent as to town offices, notwithstanding any special law or 4
charter to the contrary. 5
103 Mass. 443. 219 Mass. 580. 1 Op. A. G. 463.
Penalty for
not choosing
selectmen or
assessors.
1099-1700,
26, § 5.
1785, 50, § 3.
Section 4. A town which does not choose selectmen or aissessors 1
shall forfeit such amount, not less than one hundred nor more than 2
five hundred dollars, as the county commissioners of the county where 3
the town is situated may order. 4
R. L. 25, § 96.
R. S. 15, § 35.
G. S. 18, § 34.
P. S. 27. § 82.
1893, 423, § 38.
Appointment
by town boards
of their mem-
bers to other
town offices,
etc.
1929, 36.
Section 4A. Except as otherwise expressly provided, a town board 1
may, if authorized by vote of the town, appoint any member thereof to 2
another town office or position for the term provided by law, if any, 3
otherwise for a term not exceeding one .Near. The salary of any such 4
appointee shall be fixed by vote of the town, notwithstanding the provi- 5
sions of section one hundred and eight. In this .section, the word " town " 6
shall not include city. 7
Chap. 41.] officers and employees of cities, towns and districts. 427
1 Section 5. The voting list shall be used and the name of every Votog ikt.^ ^^
2 person voting shall be checked thereon, in the election of all town officers p. s.'7. §9.
3 whose election is by law required to be by ballot, and in voting upon flio.*^*"
4 the question of granting licenses for the sale of certain non-intoxicating fzh*^'''
5 beverages, as defined in section one of chapter one hundred and thirty- f||o^**'
6 eight; but in the election of other town officers, the meeting shall deter- R- l. n, §344.
7 mine whether the voting list shall be used.
1907, 560, §§372, 456. 12 Pick. 485. Ill Mass. 256.
1913. S35, §§ 412, 503. 103 Mass. 543.
1 Section 6. A town may, at a town meeting, vote that official ballots Towns may
2 as defined in section one of chapter fifty shall thereafter be used therein; u.^ of offi°ciai
3 and may, at the annual town meeting or at a meeting held at least thirty isoo, 386, § i.
4 days before the annual town meeting, by a two thirds vote rescind such l^^g *^' *^^'
5 action. In town elections at which official ballots are used, nominations f||(i^**'
6 for town officers elected by ballot shall be made, ballots and other ap- R^l. ii^^ § 364.
7 paratus therefor provided, and elections of such officers conducted, in §§m2^«6.
8 accordance with chapters fifty to fifty-six, inclusive, so far as applicable. §§ 432, 563.
1 Section 7. If a town votes that official ballots shall be used for the Determination
..,, . 'ij* i^of omcers to be
2 election of town officers, it shall at the same meeting determine what chosen by
3 officers, in addition to those required to be elected by ballot, shall there- isgo'rase, §2.
4 after be chosen by official ballot, and determine the number and terms Jggg; 1%^ ^■
5 of office, if not already fixed. No change shall thereafter be made in the H^^^^ig,
6 officers to be chosen by official ballot, or in the number or terms of office ^^ei.^^ '^ ^^^
7 thereof, except at a meeting held at least thirty days before the annual isot, seo
8 meeting at which such change is to become operative.
1913, 835, §§433, 503.
1 Section 8. At any meeting for the choice of town officers in a town Deposit of
2 not using official ballots, no ballots shall be received by the moderator i798,'3i, § 3.
3 unless presented for deposit in the ballot box, open and unfolded, by the n^tt'. U'.
4 voter in person, and so that the moderator can know that only one ballot JI3J 42. 54.
5 is presented. No moderator or other election officer shall, before the fs^^lo^^^'
6 polls are closed, read, examine, or permit to be read or examined, the p^'s.7^§i2;
7 names contained upon any ballot.
1890,423. §§221, 224. R. L. 11, §349. 1913, 835, §§ 417, 503.
1893, 417, § 280. 1907, 560, §§ 377, 456. 23 Pick. 308.
1898,548, §345.
1 Section 9. If the town clerk, selectmen, assessors, treasurer, col- Seaimg of
2 lector of taxes and school committee are voted for on one ballot, the \^^f^*"-
3 moderator shall cause all such ballots, when canvassed and counted, and i898.'548,
4 record thereof has been made, publicly to be enclosed in envelopes, which r!*" u, § 345.
5 shall be sealed and endorsed, and certified in the manner required by sec- IfijO^iss.
6 tion one hundred and seven of chapter fifty-four.
1913, 835, §§413, 503.
1 Section 10. If there is a failure at an election to choose a town Failure to
2 officer, or if a person chosen shall not accept such office, or if a vacancy vacancL.
3 shall occur, the town may at any meeting elect a person to such office. " *s.' if,' 1 42.
4 If, at an election of town officers for which official ballots are used, ^^^S' m.^ ^^
5 there is a failure to elect a town officer, he may be elected at an adjourned J.^'^l'aV^j 93.
6 or succeeding meeting; and ballots shall be prepared and furnished for 1890,386, §15.
428
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [CnAP. 41.
1891, 336,
§§ 1,2.
1893, 417,
§§ 284, 292.
1898, 548.
§§ 351, 359.
R. L. 11,
§§ 355, 363.
such meeting, containing the nominations already made and such as may 7
subsequently be made for the office. 8
The proceedings in such election and the qualifications of a person to 9
be elected or appointed in case of failure to elect, refusal to accept or 10
vacancy shall be the same as in an original election. 1 1
1907, 560, §§383,
391, 456.
1913, 835
431, 503.
H23,
1918, 291, § 30.
1920, 591, § 33.
Appointment
to fill vacancy.
1864, 174.
P. S. 27, § 86.
1891, 336. § 1.
1893, 417,
§290.
1898, 548,
§357.
R. L. 11, §361.
1907, 560,
§§389,456.
1913, 835.
§5 429, 503.
1918, 291, § 31.
Term of
office in
cities.
1901,332.
R. L. 26, § 15.
225 Mass. 372.
Section 11. If there is a failure to elect, or if a vacancy occurs in any 1
town office, other than the offices of selectmen, town clerk, treasurer, 2
collector of taxes or auditor, the selectmen shall in writing appoint a 3
person to fill such vacancy. If there is a vacancy in a board consisting of 4
two or more members, the remaining members shall give written notice 5
thereof to the selectmen, who, with the remaining member or members of 6
such board shall, after one week's notice, fill such vacancy by ballot. A 7
majority of the ballots of the officers entitled to vote shall be necessary 8
to such election. The person so appointed or elected shall perform the 9
duties of the office until the next annual meeting or until another is 10
qualified. 1 1
CLERK.
Section 12. In cities which accepted chapter three hundred and 1
thirty-two of the acts of nineteen hundred and one, the term of office of 2
the city clerk shall be three years from the date of his election or appoint- 3
ment, except that in cities required to elect a city clerk in December his 4
term shall be three years from the beginning of the next municipal year. 5
In either case the clerk shall serve until the qualification of his successor 6
unless sooner removed ; and a person appointed to fill a vacancy in the 7
office of city clerk shall hold the office until the end of the unexpired term 8
of his predecessor. 9
To give bond
to town.
1S88, 320,
§§1.3.
R. L. 102, § 134.
1910, 319,
1918, 291,
§§ 10, 21.
1931, 94.
259 Mass. 310.
Section 13. Every town clerk shall, within ten days after his quali-
fication and thereafter, at intervals of not more than one year, so long as
he continues to hold said office, give bond to the town for the faithful
performance of his duties, in such sum as the selectmen shall approve.
If he does not give bond as herein required the selectmen may declare the
office vacant and fill the vacancy in the manner prescribed in the follow-
ing section.
Temporary
cleric.
1829, 54.
R. S. 15,
§§ 49-51.
G. S. 18,
§§ 47, 48.
P. S. 27,
§§ 97, 98.
1890, 423,
§ 164.
1S93, 417,
§§ 117. 285.
1898, 548,
§§ 181, 352.
R. L. 11,
§§ 184. 356.
1907. 560,
§§ 213, 384,
456.
1913, 835.
§§239.424,
503.
1918, 257,
§155.
1919, 5.
1920, 2.
Section 14. If the office of city clerk is vacant, or if a city clerk is
unable to perform the duties required by chapters fifty to fifty-six, in-
clusive, the mayor shall appoint a temporary clerk to perform such duties.
If at a town meeting the office of town clerk is vacant, or if the town clerk
is absent, the meeting shall elect by ballot a temporary clerk. The select-
men, or in their absence three persons chosen at the meeting in such
manner as the voters present shall determine, siiall receive and count the
votes and declare the election of such clerk. If in case of a vacancy other
duties than those required of a town clerk at a town meeting are to be
performed, or if he is unable to perform such duties, the selectmen may
in writing under tiuir hands appoint a clerk for the performance thereof, 11
who shall be sworn and sliall, in the performance of such duties, have the 12
same powers and be subject to the same requirements and penalties as 13
the town clerk, and he shall immediately make a record of his election or 14
appointment. 15
6
7
8
9
10
Ch.\P. 41.] OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. 429
1 Section 15. The town clerk shall record all votes passed at town Duties of clerk.
2 meetings held during his term of office. He shall administer the oaths of ng^?;!!; ||:
3 office to all town officers who apply to him to be sworn, and shall make a }^''**|; Jf; l^^^^^
4 record thereof and of the oaths of office taken before justices of the peace « g ^^ ^^ ^^
5 of which certificates are filed. He shall, immediately after every annual 46.^' ^^ ^^ ^^^
6 election of town officers, transmit to the state secretary, on blanks to be oii^ ' '
7 furnished by him, a complete list of all town officers elected and qualified issg] ssi!
8 and shall promptly report to the secretary any changes in such officers, jfl.'s.^^'
9 He shall, except in the county of Suffolk, within seven days after the gj, eb.^ei.^^^^'
If) qualification of a constable make return of his name to the clerk of the js^o, 591, § 16.
11 courts and to the sheriff of the county. He shall make and keep an index is^rick. 305.
12 of instruments entered with him required by law to be recorded, which no Mass. 214.
13 shall be divided into five columns, with appropriate headings for record- 125 MaS: 553!
14 ing the date of reception, the names of parties and the book and page on Jgg MaS: 214:
15 which each instrument is recorded. It shall be open to public inspection. i|| ^^; |^|;
1 Section ISA. City and town clerks shall, as soon as an order or vote certification ot
2 appropriating money becomes effective, certify, in a city to the treasurer, orde°s.
3 assessors ami auditor or similar officer, and in a town to the assessors J923; \^^,
4 and the town accountant, if any, otherwise to the treasurer, each appro-
5 priation in detail, and the provision made for meeting the same, if speci-
6 fied in the appropriation order or vote.
1 Section 16. A justice of the peace administering the oath of office Return of
2 to any town officer shall, within seven days thereafter, return to the ofoLth' ^
3 town clerk a certificate thereof. r. l. 25, §' 61. '
1 Section 17. Everv officer of a citv who makes or executes a contract Copies of city
*" *" contrfliCts
2 on behalf of the city shall furnish said contract or a copy thereof to the i907, 343.
3 city clerk within one week after its execution; and the city clerk shall
4 keep such contract or copy on file, open to public inspection during
5 business hours. Such contracts or copies shall be kept in a book by
6 themselves or in several books, arranged according to the subject of the
7 contract, or in other con\enient form, and an index to the subject matter
8 of the contracts and to the names of the contractors shall be made semi-
9 annually, and shall also be open to public inspection in some convenient
10 form. All allowances under and additions to such contracts, or copies
11 thereof, shall be filed with the city clerk, together with a sworn state-
12 ment of the officer making such allowances or additions that the same
13 are correct and in accordance with the contract. A city clerk or other
14 city officer failing to comply with this section shall be punished by a
15 fine of not less than ten nor more than one hundred dollars.
1 Section 18. A city may by ordinance establish the office of assistant Ass's^ta°t
2 city clerk, and prescribe the manner of his appointment and his powers 1869,72 ^^
3 and duties. His certificate or attestation shall have the same efl'ect as r. l.'26. § le.
^ .lU X c xu -x 11 203 Mass. 539.
4 that ot the city clerk.
1 Section 19. The town clerk may in writing appoint an assistant fo^^'^,"'ij.
2 clerk, who shall be sworn to the faithful performance of his duties; l^^g.M,
3 and a record shall be made of the appointment and oath. The assistant r. s. is, §§ so,
4 town clerk may, in the absence of the clerk, perform his duties and g.s. is, §48.
5 have the powers and be subject to the requirements and penalties iggs, eo; 41?;
6 applicable to him, unless a temporary clerk is elected or appointed fglf^ul^' ^ *'
430 OFFICERS AND EMPLOYEES OF CITIES, TOWNS ANT) DISTRICTS. [ChaP. 41.
R. L. 25, 5 62. pursuant to section fourteen. The assistant clerk shall not receive a 7
1920,633; ^"' salary from the town, but his compensation, if any, shall be paid by 8
the clerk, to whom all fees received by the assistant shall be paid. 9
SELECTMEN.
""hf^"'^ Section 20. Selectmen shall, upon the receipt and approval of the 1
1699-^1700, bond of a collector of taxes or treasurer, give written notice thereof to 2
1785, 50, 55 1, the assessors. The selectmen shall be assessors of taxes and the board 3
R.ais,^' of public welfare in towns which have not authorized the election of 4
G.ail*" such officers; and before acting as assessors they shall take the oath 5
isTg'fwsi required of assessors. A person elected a selectman who enters upon the 6
p. s.'27. ' ' performance of his duties before taking the oath of office shall forfeit 7
§§92. 100,101. ' ^, I I J J n 8
1893,423, not more than one hundred dollars. »
55 ^' ^' ^- R. L. 25, §§ 65-67. 1931, 394, § 112. 145 Mass. 50.
Vote authoriz- SECTION 21. Ten per cent of the registered voters in any town may 1
mg selectmen .. .,,, i.i ^ e j-l_ 1 o
to act as or file a petition With the selectmen thirty days or more betore the annual J
offioera! °' " town meeting asking that the selectmen act as a water and sewer board, 3
§f36,«V47. water commissioners, water and municipal light commissioners, munici- 4
1931! 394,' §113. pal light board, sewer commissioners, park commissioners, board of 5
health, assessors or board of public welfare, or perform the duties of 6
such boards or officers or any of them, or that cemetery commissioners, 7
assessors, a superintendent of streets, a chief of the police and fire de- 8
partments or a tree warden be thereafter appointed by the selectmen. 9
The selectmen shall thereupon direct the town clerk to cause the ques- 10
tion whether the petition shall be granted to be printed upon the official 11
ballot used for the election of town officers at the next annual election in 12
substantially the following form: 13
YES.
NO.
Shall the town vote to have its selectmen act as ? -^^ 1 14
Shall the town vote to have its selectmen appoint ?
If the vote is in the affirmative it shall be valid and binding and the town 16
shall, at the next annual meeting, unless the selectmen are then so elected, 17
pro\'ide for their election for three year terms in the manner provided in 18
section one. Upon the election and qualification of the selectmen at such 19
next annual meeting, and upon the appointment and qualification by 20
oath of the officers herein authorized to perform the duties of any existing 21
town board or officer, the term of office of such existing board or officer 22
shall thereupon terminate, and all the duties, powers and obligations of 23
said boards and officers shall be transferred to and imposed upon their 24
successors; and if the town votes to have a superintendent of streets 25
appointed, the office of highway surveyor or road commissioner shall 20
terminate. 27
Term of office SECTION 22. Officers appointed by authority of a vote under the pre- 1
appoint"! °* ceding section shall hold office until removed by the selectmen, and shall 2
1920, 591, § 44. j,gpg;.^g gy^jij salary as the selectmen may determine, subject to the ap- 3
propriations of the town therefor; and any vacancies existing in any of 4
said offices under the supervision and control of the selectmen shall be 5
filled in the manner of an original appointment. 6
Chap. 41.] officers and employees of cities, towns and districts. 431
1 Section 2.3. A town may, after a vote under section twenty-one has Rescission of
2 been in effect therein for a period of not less than three years, by a vote 1920. 591, § «.
3 at a meeting held at least thirty days before the annual town meeting,
4 rescind such action in whole or in part, and thereupon said town shall, at
5 the next town meeting, nominate and elect such officers as are necessary
6 to carry but the duties exercised in accordance with section twenty-one
7 by the board of selectmen or officers appointed by them. Such officers,
8 when to be elected for three year terms, if members of a board of three or
9 more, shall be nominated and elected for one, two or three years re-
10 spectively, and thereafter for the term of three years, and upon their
11 election and qualification shall have all the duties and obligations im-
12 posed upon them by law.
assessors.
1 Section 24. Each assessor in every city or town except Boston shall J"^^°^^ ^e
2 be elected or appointed to hold office for three years, or until his successor jl^JJI^g^g
3 is duly elected or appointed. ss'|68*'m3
4 There shall be three, five, seven or nine assessors in each city, and as 1920, 591, § 34.
5 nearly one third of the number as may be shall be elected or appointed 5o6 mZI'. 129!
.6 annually.
1 Section 24A. If in the case of any city there is no provision of law Election, etc..
2 for the election or appointment of assistant assessors and, in thejudg- assessor in
3 ment of the assessors, assistant assessors are necessary, or if, in the judg- J92f;208.
4 ment of the assessors, the provisions of law with regard to the election or ^^^s, 287.
5 appointment of assistant assessors in any city, or action taken thereunder,
6 have not provided in any year for a sufficient number of assistant asses-
7 sors, the mayor subject to confirmation by the city council, or the asses-
8 sors, as the city council may determine, may appoint as assistant assessors
9 such number of registered voters of the city as the appointing authority
10 may deem necessary. Such appointments shall expire at the end of the
11 year in which they are made; provided, that if an assistant assessor is
12 nominated in any year by the mayor but fails of confirmation, the city
13 council may designate one of the assistant assessors who served in the
14 preceding year to serve in his stead during the then current year until a
15 successor is nominated and confirmed as aforesaid.
1 Section 2.5. In towns which accept this section or have accepted ^tP"',;"*'"™*'
2 corresponding provisions of earlier laws, the selectmen shall appoint selectmen in
,,..®^„, ,. p*^ certain towns.
3 suitable citizens or the town assessors and assistant assessors tor a term 1920, 591,
4 of not more than three years, and may remove them at any time for
5 cause after a hearing. Upon the qualification of persons so appointed
6 the term of existing assessors or assistant assessors of such town shall
7 terminate.
1 Section 25A. In towns which accept this section the assessors may Appointment,
2 appoint and remove citizens of the town as assistant assessors, wdio shall, ant'assessors
3 subject to the supervision of the assessors, act as assistant assessors of c«-tauftown^
4 the town and shall have all necessary powers therefor. In this section, ^^^'' '*•
5 the word towns shall not include cities.
1 Section 26. If a town votes under section twenty-one to have its Appointment,
2 selectmen appoint a board of assessors, the selectmen shall thereupon men if town
3 appoint three or five suitable persons as assessors and may appoint one ^920° ll'i, 5 37.
432
OFFICERS AND EMPLOTEES OF CITIES, TOWNS AND DISTRICTS. [ChaP. 41.
or more assistant assessors, who, subject to the supervision of the select- 4
men, shall act as assessors and assistant assessors of the town and shall 5
have all necessary powers therefor. 6
Appointment
by county
commissioners.
1785, 60, § 3.
R. S. 15,
§§ 36, 37.
G. S. 18, § 36.
P. S. 27, § 84.
1893,417, §287.
1898, 548, § 3.54.
R. L. 11, § 358.
Section 27. If assessors, or selectmen acting as such, shall in any 1
year fail to perform their duties, the county commissioners may appoint 2
three or more inhabitants of the county to be assessors for such town, 3
who shall be sworn, shall hold office until the offices of assessors are filled 4
by the town, and shall receive from the town the compensation of 5
assessors. 6
1907, 660, §§ 386, 456. 1913, 835, §§ 426, 603.
Assistant
assessors.
Powers and
duties.
1809, 127.
R. S. 15, § 56.
G. S. 18, § 52.
P. S. 27, 5 103.
1893, 423, § 11.
R. L. 25, § 70.
Oath of office.
1699-1700, 26.
§H.2.
1785, 50, § 1.
1809, 127.
R. S. 15,
§§ 55-57.
G. S. 18,
§§51-53.-
P. S. 27,
§§ 102-104.
1885, 355,
§§1.2,
1893, 423, § 10.
R. L. 25, § 68.
206 Mass. 380.
Section 2S. Assistant assessors shall, in their respective districts,
assist the assessors in making lists of persons liable to be assessed for poll
ta.xes in such districts, in publishing and transmitting lists of persons so
assessed, in estimating the value of the real and personal estate in such
districts, and in the performance of such other duties as the assessors
require.
Section 29. Any person chosen to assess taxes or to determine or to 1
assist in determining the value of property for the purpose of ta.xation 2
shall, before entering upon the performance of his duties, take the follow- .3
ing oath : 4
I, having been chosen to assess taxes and estimate the value of property for
the purpose of taxation for the town (or city) of for the year (or
years) ensuing, do swear that I will truly and impartially, according to my best
skill and judgment, assess and apportion all such taxes as I may during that
time assess; that I will neither overvalue nor undervalue any property subject
to taxation, and that I will faithfully perform all the duties of said office.
If he neglects to take such oath before entering upon the performance 5
of his duties, he shall forfeit not more than fifty dollars. 6
Penalty for
false valua-
tion.
1885, 335, § 3.
R. L. 25, § 69.
1909, 517, § 3.
233 Mass. 190.
Section 30. Any person chosen to determine the valuation of prop- 1
erty for the purpose of taxation who, in order that the taxpayers may 2
escape payment of their just proportion of any state or county tax or 3
in order to evade any law limiting municipal indebtedness or the rate 4
of taxation to a percentage of valuation or for any other fraudulent or 5
corrupt purpose, knowingly fixes the valuation of any property at a 6
smaller or greater amount than its full and fair cash value, or who causes 7
an abatement to be made otherwise than is provided by law, shall be 8
punished by a fine of not more than one thousand dollars, or by im- 9
prisonment for not more than six months, or both. 10
Vote author-
izing selectmen
to act as
board of
public welfare.
1785, 75, § 2.
1893, 417,
§274.
1898, 548,
§339.
R. L. 11, §343.
1907, 560,
§§ 371, 456.
1913, 835,
§§411,603.
BOARD OF PUBLIC 'WELFARE.
Section 31. A town which chooses the members of its board of
public welfare for one year may, instead of electing such members, pro-
vide by vote that the selectmen shall act also as such board. Such vote
shall, in any town using official ballots, be passed at a meeting held at
least thirty days before the annual meeting at which such selectmen are
to be chosen, and thereafter the selectmen shall continue to act as such
board until the town rescinds such action by a vote passed at a meeting
held at least thirty days before the annual meeting.
1920, 591, §§33, 35. 1931, 420. § 156. 1 Op. A. G. 617.
CH-VP. 41.] OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. 433
1 Section 32. If a town votes iiiuler section twenty-one to have its Agent.
2 selectmen act as the board of public welfare, they may appoint an agent 193?; 426,' use!
3 who shall assist the selectmen in the performance of their duties as such
4 board.
1 Section 32A. In anv town of not exceeding three thousand inhabit- Designating
* . 1*1 J. school phy-
2 ants which votes inider section twenty-one to ha\'e its selectmen act as sician as agent
3 the board of public welfare and which accepts this section by vote in 'tou'^ns.'^"'
4 town meeting, the selectmen, instead of appointing an agent under Igafllll.'ule.
5 section thirty-two, may designate the school physician to act as such
G agent. Such designation shall not bar the school physician from the
7 general practice of his profession.
1 Section 33. The board of public welfare shall, within seven days Organization
2 after the annual town election, choose a chairman, and a secretary who isvvTise, §3.
3 need not be one of its members.
p. S. 27, § 71. R. L. 25, § 71. 1931,426, § 1.56. 195 Mass. 173.
1 Section 34. The board of public welfare shall keep books so arranged fg^j^'^fle, 5 4,
2 as to readily furnish information required by law relative to all needy fggl 423^ j-jj.
3 persons aided bv them, and all further information as to relief applied R. l'.25 '§71 "
r .• fii ■• n \ • 1 US' 1931,420,8156.
4 for, whether given or refused, the preservation or which may be 01 im- 145 Mass. 535.
5 portance to the town or to the commonwealth, stating the amount and
6 kind of aid given and the reasons for giving or refusing it.
1 Section 34A. [Inserted, 1923, 26; repealed, 1931, 426, § 156.]
treasurer and collector.
1 Section 35. The town treasurer shall give bond annually for the Treasurer.
2 faithful performance of his duties in a form approved by the commis- du"Ls.
3 sioner of corporations and taxation and in such sum, not less than the r'^s."}™"' ^^'
4 amount established by the said commissioner, as shall be fixed by the |;^f'i|f-
5 selectmen or mayor and aldermen, shall receive and take charge of all 1^^%^^-
6 money belonging to the town, and pay over and ac<.'ouiit for the same fJgljOSj^^s^Oj ^^^
7 according to the order of the town or of its authorized officers. No other isgb! 394)
8 person shall pay any bill of any department. He shall have the author- r. l. 25, § 72.
9 ity given to an auditor by section fifty-one, and shall annually render a J^iJ?; ll]\\^-
10 true account of all his receipts and disbursements and a report of his Jg'^cCSh.^iik
11 official acts.
109 Mass. 214. 209 Mass. 126. 250 Mass. 5.59.
206 Mass. 129. 232 Mass. 341. 259 Mass. 310.
1 Section 36. He may in his own name and official capacity prosecute Prosecution
2 actions upon bonds, notes or other securities given to him or to his prede- ^ctjons^on^^^
3 cessors in office; and unless otherwise provided, he or the chief or super- i699-i7oo,T2.'
4 intendent of police or other police officer of the town may prosecute for u]\~l^'
5 trespasses committed in or on any public building or enclosure belonging J^ff; ff; ^ *•
6 to or within the town. If a public building or enclosme is owned in fj ^j^^lg^f^
7 part by the town and in part by the county, such prosecution may be 63^^ g^ 4i9'_
8 instituted by the treasurer of either the town or the county.
G S. IS, §5 55, 56; 1893, 423, §5 14, 15. Ill Mass. 407.
19, §15. R. L. 25, §§73, 74; 153 Mass. 211.
1870 227 26, § ,39. 167 Mass. 407.
p. S. 27, §§ 106, 107; 1904, 277. 183 Mass. 491.
28, § 26.
434
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ChAP. 41.
Collection
of taxes by
treasurer.
1815, 130, § 1.
1817, 69.
R. S. 15,
§§ 60, 61.
G. S. 18,
§§ 57, 58.
P. S. 27,
§§ 108, 109.
1893, 423, § 16.
R. L. 25, § 75.
8 Met. 102.
Section 37. A town treasurer acting as collector of taxes may
appoint deputies, who shall give bond to the satisfaction of the select-
men for the faithful performance of their duties; and such collector
and deputies shall have the powers of collectors of taxes. A treasurer
acting as collector may issue his warrant to the sheriff of the county
or his deputy, or to any constable of the town, directing them to dis-
train the property or take the body of any person delinquent in the
payment of taxes, and may proceed in the same manner as collectors.
99 Mass. 472. 100 Mass. 172. 259 Mass. 310.
1
2
3
4
5
6
7
8
CoUector SECTION 38. A towu mav authorize its collector of taxes to use all
may be given , , . * , . , , . u _
powers of mcaus of Collecting taxes which a town treasurer may use when ap-
1850,57.' pointed a collector of. taxes.
G S 18 § 73 R. L. 25, § 78. 100 Mass. 172.
P S 27, § X25. 99 Mass. 472. 145 Mass. 50.
1893, 423, § 19.
Collection by
collector of
accounts due
to city, etc.
1924, 16.
1926, 269, § 3.
Constable
collector of
taxes, when.
1699-1700,
26, § 10.
1785, 70, § 1.
R. S. 15, § 78.
G. S. 18, 171.
P. S. 27, § 123.
1893, 423, § 17.
R. L. 25, § 76.
6 Gray, 387.
Section 38A. A city or town may by ordinance or by-law, notwith-
standing any charter provision, provide that the collector of taxes shall
collect, under the title of city or town collector, all accounts due the city
or town, and may in like manner define his powers and duties in relation
to the collection of such accounts. This section shall not apply to the
collection of interest on investments of sinking or trust funds. All bills
for accounts due the city or town shall state that all checks, drafts or
money orders shall be made payable to or to the order of the city or
town and not to or to the order of any officer, board or commission.
Section 39. If a person appointed to collect taxes in a town refuses 1
to serve, or if no person is elected or appointed a collector of taxes, the 2
constables of the town shall be the collectors of taxes. 3
1
2
3
4
5
6
7
8
9
Temporary
treasurer or
collector.
1838, 43.
G. S. 18, I 42.
1865, 234.
P. S. 27,
§§90,91.
1893, 417,
§288.
1898, 548,
§355,
R. L. 11, § 359.
1907. 560,
§§ 387, 456.
Section 40. If the office of treasurer or collector of taxes is vacant,
or if the treasurer or collector is unable to perform his duties, the select-
men may in writing appoint a temporary treasurer or collector, who shall
be sworn, give bond in like manner as the treasurer or collector chosen
by the town, and hold such office until another is qualified or the dis-
aiaility is removed. If a treasurer or collector does not, within ten days
after his election or appointment, give bond, the selectmen may declare
the office vacant and appoint another.
1913,835, §§427,503.
4 Gray, 250.
140 Mass. 386.
259 Mass. 310.
Oath to
pay rolls and
bills required.
1913, 520, § 1;
825.
1918, 23.
Section 41. No treasurer or other fiscal officer of any city other than
Boston shall pay any salary or compensation to any person in the service
or employment' of the city unless the pay roll, bill or account for such
salary or compensation shall be sworn to by the head of the department
or the person immediately responsible for the appointment, employment,
promotion or transfer of the persons named therein, or, in case of the
absence or disability of the head of the department or of such person,
then by a person designated by the head of the department and approved
by the mayor. A city council, board of aldermen, common council, coin-
mission, committee or board of trustees may for the purposes of this 10
section designate any one of its niemhers to make oath to a pay roll, bill 11
or account for salary or compensation of its members or employees, but 12
Chap. 41.] officers and employees of cities, towns and districts. 435
13 this provision siiall not limit the responsibility of each member of any
14 such body in the event of a non-compliance with this section.
1 Section 42. Every such pay roll, bill or account shall contain the Contents of
2 following information: First, full name of each employee; seconrl, title ill's™ 20, §2.
3 of his office, or specific nature of the labor which he was originally en-
4 gaged to perform; third, kind of work in which he has actually been en-
5 gaged since the submission of the last previous pay roll; fourth, salary,
6 wages or other compensation; fifth, dates of employment.
1 Section 43. Each appointing, employing or other officer, who wil- fg^g's^io, 5 3.
2 fully refuses or neglects to comply with any provision of the two preced-
3 ing'sections shall be punished by a fine of not less than twenty-five nor
4 more than one hundred dollars.
sinking fund commissioners.
1 Section 44. A city or town having a sinking fund as provided in Appointment.
2 section forty-seven of chapter forty-four shall elect each year for terms Treasurer and
3 of three years the number of sinking fund commissioners equal to the Tsrl 209', § 5.
4 number whose term then expires. In towns they shall be elected by r. l.?7,Vi4.
5 ballot at town meeting, and in cities by concurrent vote of both branches i^"- ^i^' ^ '^•
6 of the city council. In case of a vacancy the remaining member or mem-
7 bers shall exercise the powers of the board until the vacancy is filled.
8 The city or town treasurer shall not be eligible as a commissioner, and
9 the acceptance by a commissioner of the office of treasurer shall render
10 his former office vacant. The foregoing provisions as to the mode of
11 electing commissioners shall not apply to boards of sinking fund com-
12 missioners which were established before the thirteenth day of June in
13 the year eighteen hundred and seventy-five. The commissioners shall
14 choose a treasurer, who may be the city or town treasurer; and if the
15 city or town treasurer is chosen his bond shall apply to and include duties
16 performed as treasurer of the sinking fund. If any other person is chosen
17 treasurer he shall give a bond, with sureties, to the satisfaction of the com-
18 missioners, for the proper performance of his official duties. The com-
19 missioners may also choose a secretary.
commissioners of trust funds.
1 Section 4.5. Any city or town, except Boston, may create a board ^fP^Zmk™'
2 of commissioners of trust funds, consisting of three persons who shall have f°^^^l.jg_
3 the management of all trust funds given or bequeathed for the benefit of no'' ggj
4 the town or the inhabitants thereof, unless the donor in making the gift §§ i.'e.
5 or bequest shall otherwise provide. In cities the commissioners shall be
6 appointed by the mayor and confirmed by the council. In towns they
7 shall be elected in the same manner as other town officers. At the time of
8 creating said board there shall be appointed or elected one member for
9 one year, one member for two years, and one member for three years;
10 and there shall be appointed or elected annually thereafter one member
11 for three years. Vacancies shall be filled by the mayor, with the approval
12 of the council, or by the selectmen.
1 Section 46. The town treasurer shall be the custodian of all funds ^^'^^^°[^^^^^
2 and securities of such trust funds, and shall invest and reinvest them, i9|5^282f 1 1.'
3 and expend therefrom moneys as directed by the commissioners. The ^^
436
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ClIAP. 41.
treasurer shall furnish a bond satisfactory to them for the faithful per- 4
formance of his duties. 5
Duties of
commissioners.
1915, 282, § 3.
Section 47. The said board of commissioners shall, so far as con-
sistent with the terms of the trusts, manage and control the same, and
distribute the income in accordance with the terms of the respective
trusts. The board shall keep a record of its doings, and at the close of
each financial year shall make a report to the town, showing the total
amount of the funds, and their investments, receipts and disbursements
on account of the same, setting forth in detail the sources of the receipts
and the purposes of the expenditures.
Term of
office in
cities.
1905. 373.
203 Mass. 539.
AUDITOR.
Section 48. In cities which accepted chapter three hundred and 1
seventy-three of the acts of nineteen hundred and five, the auditor shall 2
hold office for three years from the date of his election or appointment 3
and until his successor is qualified, unless sooner removed. A person 4
chosen to fill a vacancy shall hold the office until the end of the unex- 5
pired term of his predecessor. 6
Vacancy
in town.
1890, 254.
1893, 417,
§289.
1898, 548,
§356.
Section 49. If the office of an auditor in a town is vacant, the
remaining auditors, if any, may perform the duties thereof and may
appoint a person to aid them. If there is no remaining auditor, the
selectmen shall appoint an auditor to serve until another is qualified.
R. L. 11, § 360. 1907. 560, §§ 388, 456. 1913, 835, §§ 428, 503.
dS^^"** Section 50. The auditors of a town shall examine the books and
ills' 22i' accounts of all its officers and committees intrusted with the receipt,
1893! 423; § 20. custody or expenditure of money, and all original bills and vouchers on
"• '''™ " .- s. ThevshaU
203 Mass. 539.
270 Mass. 185.
1924' 33,' § 1. ■ which money has been or may be paid from its treasury
have free access to such books, accounts, bills and vouchers as often as
once a month for the purpose of examination, and shall examine the
same at least once in each year, and annually report in writing the result
of their examinations. They shall, at least once in each year, verify
the cash balance of each of such officers and committees by actual count
of the cash and by reconciliation of bank balances, and shall insert in 10
their annual report their certificate under oath of the facts so found. 11
SedUOTof Section 51. An auditor may notify a person to whom money is 1
amount j^c from the town that a certain designated amount, which may be 2
1899, 394, either the whole or a part of the money so due, is payable to him upon 3
R. L.*25, §80. application to an officer named in the notice, and, unless payment is 4
270 Mass. 185. ^pj^g^^.^ ^p^j^ g^j^j^ application, no interest shall accrue on said desig- 5
nated amount after the giving of the notice. A part payment author- 6
ized by this section shall not affect a right of tender, lien or other provi- 7
sion of law for the recoA-ery of the amount of the debt, or interest or 8
costs thereon, remaining due; but if the part payment is more than the 9
debt as finally determined, the excess, without interest, shall be repaid 10
to the town. 11
Approval Section 52. All accounts rendered to or kept in the departments of 1
1913, 669, any city shall be subject to the inspection of the city auditor or officer 2
27oVass. 185. having similar duties, and in towns they shall be subject to the inspec- 3
Chap. 41.] officers axd employees of cities, towns and districts. 437
4 tion of the selectmen. The auditor or officer having siinilar duties, or
5 the selectmen, may require any person presenting for settlement an
6 account or claim against the city or town to make oath before him or
7 them, in such form as he or tiicy may prescribe, as to the accuracy- of
8 such account or claim. The wilful making of a false oath shall be pun-
9 ishable as perjury. The auditor or officer having similar duties in cities,
10 and the selectmen in towns, shall approve the payment of all bills or
11 pay rolls of all departments before they are paid by the treasurer, and
12 may disallow and refuse to approve for payment, in whole or in part,
13 any claim as fraudulent, unlawful or excessive; and in that case the
14 auditor or officer having similar duties, or the selectmen, shall file with
15 the city or town treasurer a written statement of the reasons for the
16 refusal; and the treasurer shall not pay any claim or bill so disallowed.
17 This section shall not abridge the powers conferred on town accountants
IS by sections fifty-fi\'e to sixty-one, inclusive.
1 Section 53. Town auditors shall at least once every year, and so Auditing of
2 much oftener as they deem necessary, audit the accounts of the trustees i904'.°32T ^"
3 of any property the principal or income of which, in whole or in part, OToVi'i.Ms.
4 was bequeathed or given in trust for public uses for the benefit of the
5 towTi or any part thereof, or for the benefit of the inhabitants of the
6 town or of any part thereof, and examine and estimate the funds, secur-
7 ities and evidences of property held by such trustees. Said trustees
8 shall give said auditors free access to their accounts, funds, securities
9 and evidences of property; and any such trustee refusing to exhibit the
10 same shall be punished by a fine of not less than fifty nor more than two
11 hundred dollars. Town auditors shall include in their annual reports
12 a report of such auditing and investigation; and if they discover any
13 fraud or irregularity they shall immediately report the same to the
14 mayor and city treasurer or to the selectmen and town treasurer. They
15 shall, at least once in each year, verify the cash balance of such trustees
16 by actual count of the cash and by reconciliation of bank balances, and
17 shall insert in their annual report their certificate under oath of the
IS facta so found.
1 Section 54. Whenever any officer of the commonwealth, or of a Notice to
2 county, city or town, makes a payment of public money to the treasurer payment" to
3 of a city or town in the commonwealth, he shall furnish at the same time fgTI.""?.
4 to the auditor of such city or town, or to the town accountant, if there is ^™ ^^^^- 1^^-
5 no auditor, a written statement of the amount of the payment, and the
6 date and purpose thereof.
1 Section 54A. The auditor or similar officer in cities and the town Annual noti-
2 accountant, if any, otherwise the town treasurer in towns, shall notify receipt" bV
3 the assessors, not later than May first in each \ear, of the total receipts of tol'Messora;'
4 the preceding financial year, except from taxes, loans and trust funds, and '^-2, 135.
5 shall specify in detail the source of such receipts.
accountant.
1 Section 55. Any town may authorize the selectmen to appoint a Appointment
2 town accountant, who shall perform the duties and jjossess the powers of cations!*
3 town auditors as defined in sections fifty to fifty-three, inclusive. In J^}!?; ||| ^ ^•
4 towns so authorizing the appointment of a town accountant the office of i^^i, 486, § s.
438
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ChAP. 41.
town auditor may, if the town so vote, be abolished. In towns which 5
have accepted chapter thirty-one or corresponding provisions of earlier 6
laws, the appointment of the town accountant shall be subject to the 7
civil service rules. The town accountant shall be sworn to the faithful S
performance of his duties, shall hold no other town office involving the 9
receipt or disbursement of money, and shall hold office for three years and 10
until his successor is qualified; provided, that the town clerk, if he holds 11
no other office involving the receipt or disbursement of money, may be 12
appointed town accountant. 13
■Warrants for
expenditures.
1910, 624, § 2.
1922, 84.
Section 56. The selectmen and all boards, committees, heads of 1
departments and officers authorized to expend money shall appro\e and 2
transmit to the town accountant as often as once each month all bills, 3
drafts and orders chargeable to the respective appropriations of which 4
they have the expenditure. The town accountant shall examine all such 5
bills, drafts or orders, and, if found correct and approved as herein pro- 6
vided, shall draw a warrant upon the treasurer for the payment of the 7
same, and the treasurer shall pay no money from the treasury except 8
upon such warrant approved by the selectmen. 9
Shall keep
books of
account.
1910, 624. § 3.
1919, 350,
§§ 52, 54.
Section 57. The town accountant shall keep a complete set of books 1
wherein shall be entered the amount of each specific appropriation, the 2
amounts and purposes of expenditures made therefrom, the receipts from .3.
each source of income, the amount of each assessment levied, and the 4
abatements made; and he shall keep his accounts, so far as practicable, 5
in conformity with the classifications and forms prescribed by the director 6
of accounts in accordance with section forty-three of chapter forty-four. 7
The town accountant shall have custody of all contracts of the town, shall S
keep a register of the sureties on all bonds of indemnity given to the town, 9
shall keep a detailed record of the town debt, showing the purpose for 10
which it was incurred, when incurred, when due, the rate of interest and 1 1
the provisions made for the payment of the debt. 12
Notice to
town officers of
condition of
their appro-
priations.
1910. 624, § 4.
Section 58. Whenever any appropriation shall have been expended 1
or whenever, in the judgment of the town accountant, it appears that 2
tlie liabilities incurred against any a])propriation may be in excess of the 3
unexpended balance thereof, he shall immediately notify the selectmen 4
and the board, committee, head of department or officer authorized to 5
make expenditures therefrom, and no claim against such appropriation 6
shall be allowed nor any further liability incurred until the town makes 7
provision for its payment. The town accountant shall, at regular inter- 8
vals and as often at least as once each month, send to the selectmen and 9
to each board, committee, head of department or officer having the dis- 10
bursement of an appropriation a statement of the amount of orders ap- 1 1
proved and warrants drawn on behalf of said board, department or officer 12
during the preceding month, and a statement of the balance of such 13
appropriation remaining subject to draft. Each head of a department, 14
board or committee authorized to expend money shall furnish the town 15
accountant, at the close of the financial year, a list of bills remaining un- 10
paid, showing to wiioni and for wiiat due, and their amounts; and the 17
town accountant siiali incorporate the same in his annual report covering IS
the financial transactions of the town, as provided by section si.xty-one. 19
Ch.\P. 41.] OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. 439
1 Section 59. The selectmen and all boards, committees, heads of ^j,""n"^Jp, ^g
2 departments or other officers of a town authorized by law to expend in- furnished
3 money shall furnish to the town accountant, not less than ten days i9io, 624, §5.
4 before the end of the town financial .^ear, detailed estimates of the
5 amounts necessary for the proper maintenance of the departments
6 under their jurisdiction for the ensuing year, with explanatory state-
7 ments as to any changes from the amounts appropriated for the same
8 purposes in the preceding year, and an estimate of amounts necessary
9 for outlays or permanent impro\-ements. They shall also prepare esti-
10 mates of any income likely to be received by the town during the ensuing
11 year in connection with the town's business or property intrusted to their
12 care. The selectmen shall include in their estimates the salaries and
13 expenses connected with their own office, and the .salaries of all other
14 town officers shall be included in the estimates for the office, department
15 or branch of the public service of which they are in charge. The treasurer
16 shall, in addition to his estimate of the amount required for the mainte-
17 nance of his own office, prepare a separate statement indicating the
18 amounts required for the payment of interest on the town debt and for
19 the payment of such portions of the town debt as may become due during
20 the succeeding year.
1 Section 60. The town accountant shall immediately upon the close Table of
2 of the financial year compile statements in tabulated form showing the appropriations.
3 amounts appropriated and the amounts ex-pended from each appropria- JgJ?; 207! ^ *"■
4 tion during the preceding year, and the estimates for the current year, j^'la.^s^i!'
5 and shall forthwith furnish a copy thereof to the selectmen, or to such
6 committee as the town may appoint to consider and report on proposed
7 appropriations. The selectmen, or said committee when so appointed,
8 shall after due consideration designate the amounts which in their
9 opinion should be appropriated for the ensuing year, and shall accora-
10 pany the same with such explanations and suggestions in relation thereto
11 as they may deem desirable for the proper information of the inhabit-
12 ants. The selectmen shall print and distribute this document at or
13 before the annual town meeting, and the town clerk shall transmit a
14 copy thereof and of all town reports to the director of accounts.
1 Section 61. The town accountant shall make an annual report, f'°°"^'''«P»5-
. . p 11 • 1910, 624, § 7.
2 to be published as a town document, giving a statement 01 all receipts lo'^^so,
3 and expenditures of the town for the past financial year, including
4 those of funds managed by trustees or commissioners for the town and
5 showing also the amount of each specific appropriation, the expenditures
6 therefrom, and the purpose for which money has been spent; and said
7 statement shall be arranged in accordance with the classifications pre-
8 scribed by the director of accounts. Such report shall contain a state-
9 ment of any change in the amount of the town debt during the year
10 and a list of indebtedness incurred and unpaid at the end of the financial
11 year.
TEMPORARY AUDITOR, TREASURER, COLLECTOR OF TAXES, ACCOUNTANT
AND CLERK OF A TOWN AND TEMPORARY HEADS OF CITY
DEPARTMENTS.
1 Section 61A. In case of the incapacity, death or resignation of a Temporary
2 city auditor, city treasurer, city collector of taxes or any other officer S^er, etc. "^^^^
440
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ClIAP. 41.
Appointment,
term, duties.
1928, 207.
1930, 172.
having charge of a city department, or of a town treasurer, town collector 3
of taxes, town accountant, town clerk or of the auditor in a town having 4
only one, the mayor, without confirmation by the city council, or the 5
selectmen, as the case may be, shall appoint a temporary officer to serve 6
until a successor to such incapacitated, deceased or resigned officer is 7
duly appointed or elected in accordance with law or, in case such an 8
incapacitated officer sooner recovers from such incapacity, until his 9
return to duty, but no such temporary officer shall in any event be 10
appointed hereunder to serve for a period longer than sixty days. Any 11
temporary officer so appointed shall during the time he fills the position 12
to which he is appointed under this section exercise all the powers and 13
perform all the duties of the officer in whose place he serves. The pro- 14
visions of this section shall apply notwithstanding any provision of a 15
city charter to the contrary. 16
Duties of
highway
surveyor.
17SC,
81, § 2.
1796,
58, § 4.
R. S.
25, § 7.
G. S.
44, § 6.
P. .S.
52, § 4.
1895,
374, § 1.
R. L.
25,
§31;
51, § 4.
Road
commis-
sioners and
sewer commis-
sioners.
1871,
158, § 1.
P. s.
27, § 74.
1893,
417.
§271
1898,
'548,
§337
R. L.
"ll, §341,
1907,
560,
§§ 369, 436.
1913.
835,
§§ 409, .503.
1918,
257,
§ 153
1919,
■5.
1920,
2.
OFFICERS IN CHARGE OF ROADS, SEWERS AND WATER WORKS.
Section 62. If a highway sur\'eyor be chosen, he shall have the 1
exclusive control of the ordinary repair of public ways in his town with- 2
out being subject to the authority of the selectmen. If more than one 3
highway surveyor be chosen, the selectmen shall annually, before INIay 4
first, assign to each surveyor the limits and divisions of the waj's to be 5
kept in repair by him. 6
1917. 344. IV. §§ 10, 11. VIII. § 1. 262 Mass. 214.
Section 63. A town may at an annual meeting if official ballots 1
are not used, otherwise at a meeting held at least thirty days before 2
the annual meeting, vote to elect in the following manner three road 3
commissioners or three sewer commissioners, or both. 4
It shall, at the annual meeting when such vote is passed or at the 5
annual meeting next succeeding the meeting at which the ^'ote was 6
passed, elect one for one year, one for two years and one for three years; 7
and at each annual meeting thereafter it shall elect one for three years. 8
A town which has voted to elect said officers as herein provided may 9
in like manner rescind such action; and thereupon, if at an annual 10
meeting, the offices of road commissioners or sewer commissioners or 11
both shall be abolished. If such vote is taken at a meeting held at 12
least thirty days before the annual meeting, such abolition shall take 13
effect at the next annual meeting. Upon the election of road commis- 14
sioners as herein provided, the office of highway surveyor shall be 15
abolished. 16
Section 64. If road commissioners be chosen, they shall exclusively 1
have the powers, perform the duties and be subject to the liabilities 2
and penalties of selectmen and sur\'cyors of highways relative to public 3
ways, monuments at the termini and angles thereof, guide posts, side- 4
R^L. 25^'§y^' walks and shade trees, and, if sewer commissioners be not chosen, rela- 5
tive to sewers and drains. 6
Road
commissioners.
Powers and
duties.
1871. 158. § 2.
1873. 51.
P. S. 27, § 75,
1917, 344, IV
§ 12, VIII. § 1
128 Mass. 5.50.
146 Mass. 43.
164 Mass. 263.
174 Mass. 450.
268 Mass. 185.
Sewer
commissioners.
Powers and
duties.
1893, .304, § 2;
•423, § 24.
R. L. as. § 84.
Section 65. If sewer commissioners be chosen, they shall, as to
sewers and drains, exclusively ha\e tiie powers, perform the duties
and be subject to the liabilities and penalties of selectmen and road
commissioners.
1
2
3
4
Chap. 41.] officers and employkes of cities, towns and districts. 441
1 Section 66. In a towTi which has not autliorized the election of '^"p"^"'!"''""*
2 road commissioners or surveyors of highways, the selectmen siiall, as Appointment
3 soon after tiie annual town niectmg as may be, appoint m writing a >««»• 9^**^ §§ !■
4 superintendent of streets, who shall receive such compensation as they is;w, 423, § 25.
5 or the town determine and shall be removable by them when the public r'l'. 25] § ss.
6 interest requires. He shall be sworn to the faithful performance of his f /J; vni'l'i.
7 duties, and shall hold office until the next annual town meeting or until l^f ^l^- |°i;
8 his successor is qualified.
223 Mass. 485. 229 Mass. 563. 240 Mass. 118. 262 Mass. 127.
1 Section 67. The selectmen of two or more towns may unitedly, Onesuperin-
2 subject to the approval of the department of public works, appoint and two or more
3 fix the compensation of a superintendent of streets who shall exercise the imi^t; 344.
4 same powers and duties and be otherwise subject to the same provisions Igjg^ 355,
5 of law as if appointed in each of such towns. His compensation shall be f|3'i"394'^5 g
6 paid by said towns in such proportions as the selectmen may unitedly 202 Mass. 127.
7 determine.
1 Section 68. The superintendent of streets shall, under the direction Duties of
2 of the selectmen, have full charge of all repairs and labor upon public of streets.
3 ways and sidewalks, and, if no other provision is made, of repairs upon §§2,' 3. '
4 sewers and drains; and in relation to such matters he shall have the Hm; ||o', u®.'
5 powers, perform the duties and be subject to the liabilities and penalties fg/^ ||4^iv®'
6 of surveyors of highways and road commissioners. 5 !■»• v'"' 8 '•
188 Mass. 301. 223 Mass. 485. 261 Mass. 407.
205 Mass. 493. 229 Mass. 563. 262 Mass. 127.
1 Section 69. If a town votes under section twenty-one to have its Superintend-
2 selectmen act as water and sewer boards, water commissioners or sewer VisewZ'^d"
3 commissioners, the selectmen may appoint a suitable person to act as 1920T591, § 40.
4 superintendent of the water or sewer department or designate the super-
5 intendent of streets so to act if the town has voted to have its selectmen
6 appoint such officer, who, subject to the control of the selectmen, shall
7 have all necessary powers therefor.
PLANNING board.
1 Section 70. Every city and every town having a population of ^Pfd^'i™''"*
2 more than ten thousand at the last preceding national or state census i9}3, 494, 1 1.
3 shall, and towns having a population of less than ten thousand may, 4 0p!a. g. 153.
4 create a planning board, which shall make careful studies of the resources,
5 possibilities and needs of the town, particularly with respect to conditions
6 injurious to the public health or otherwise in and about rented dwellings,
7 and make plans for the de\elopraent of the municipality, with special
8 reference to proper housing of its inhabitants. In cities the said board
9 shall be appointed by the mayor, sul)ject to confirmation by the council,
10 and in towns shall be elected at the annual town meeting.
1 Section 71. Every planning board shall make a report annually to Annual
2 the city council or to the annual town meeting, giving information regard- "gyj, 494, 1 2.
3 ing the condition of the town and any plans or proposals for its develop- '®'®' ^*°' * '
4 ment and estimates of the cost thereof. Every such planning board shall
5 file with the department of public welfare a copy of each report made by
6 it.
442 OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ChAP. 41.
Ordinances SECTION 72. Citics and towns mav make ordinances and by-laws 1
and by-laws. . „."^ .i_,i o
1913, 494. § 4. for carrying out the purposes ot section seventy, and they may appro- z
priate money therefor. The planning board of a town may be authorized 3
by vote of the town to act as park commissioners therein, and may be 4
vested with all the powers and duties of park commissioners in towns. 5
BOARD OF SURVEY.
AppMDtment SECTION 73. In cities which accept this section by vote of the city 1
1907. 191, council or have accepted corresponding provisions of earlier laws, the 2
1916, 190, mayor, with the approval of the city council, may in January in any 3
^^ ^' ^' year appoint three inhabitants thereof to be a board of survey. Of the 4
members first appointed one shall serve for one year, one for two years, 5
and one for three years from the first day of the following February, 6
and thereafter, in January of each year, one member of said board shall 7
be appointed to serve for three years from the first day of P'ebruary 8
after his appointment, or until his successor is qualified. If a vacancy 9
occurs a member shall be appointed in the manner provided herein to 10
serve for the remainder of the term. The city engineer shall act as 11
clerk of the board. The compensation of the members of the board 12
shall be fixed by the city council. In towns which accept this section 13
or have accepted corresponding provisions of earlier laws, the selectmen 14
shall constitute a board of survey. 15
™na*b' Section 74. After the establishment of a board of survey no person 1
private persons, ghall opcn a private way for public use without first submitting to said 2
1916! i9o; § 2. board suitable plans thereof in accordance with such rules and regula- 3
tions as the board may prescribe. In cities such plans shall be so pre- 4
pared as to show the profiles of such way and the method of drainage 5
of the adjacent or contiguous territory. Upon the receipt of said plans, 6
with a petition for their approval, the board shall give a public hearing 7
thereon, after giving notice of the same by publication once in each of 8
two successive weeks in a newspaper published in the city or town, the 9
last publication to be at least two days before the hearing; and after 10
the hearing, the board may alter such plans, and may determine where 11
such ways shall be located and the width and grades thereof, and shall 12
indicate any modifications on said plans. The plans as approved or 13
modified by the board shall then be signed by the board, and in cities 14
shall be filed in the oflice of the city engineer, and in towns in the office 15
of the town clerk; and the officer with whom they are filed shall attest 16
thereon the date of filing; and thereafter no way in the territory to 17
which the plans relate shall be laid out or constructed except in ac- 18
cordance therewith, or with further plans subsequently approved by 19
the board. 20
^"fans'L"" Section 75. The board of survey may, and in cities, upon the \-ote 1
board. of the planning board and the city council, shall, from time to time 2
1916! i9o! § 3. cause plans to be made of such territory or sections of lands in the city 3
or town as the board of sur\-ey or the planning board may deem neces- 4
sary, showing thereon the location of such wa>-s, whether already laid 5
out or not, as, in the opinion of the board, the interest of the public 6
may or will require in such territory, showing clearly the direction, 7
width and grades of each way, and in cities a plan of drainage, and 8
€HAP. 41.] OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. 443
9 said board may incur .sutli e.vpenses as it may deem necessary tiierefor,
10 not exceeding the amount appropriated for the purpose. In cities such
11 plans shall be prepared by the city engineer, under the direction of
12 tiie hoard. Before causing such plans to be made, the board shall give
18 a public hearing tliereon, which shall be advertised in the manner prc-
14 scribed in the preceding section, and shall, after the making of any
15 such plan, give a hearing thereon, advertised in like manner, and keep
IG the plan open to public inspection for one month after the first ad-
17 vertisement of the hearing. After the hearing, and after any altera-
18 tions deemed necessary by said board have been made, the same shall
19 be approved, signed, marked, filed and attested as provided in respect
20 to the plans mentioned in the preceding section.
1 Section 76. The board of sur\'ey may from time to time make new Substitution
2 plans in place of plans filed in accordance with the two preceding sec- wie, i9o, § 4.
3 tions, or make changes on plans so filed; provided, that any action '
4 involving new plans or changes in plans already duly attested and filed
5 shall be made only after the notice and hearing, and in all other respects
6 in the manner specified in section seventy-four; and the last plan so
7 made, or the plan with the changes last niade thereon and duly attested
8 and filed, shall be the plan governing the future development of the
9 territory aft'ected.
1 Section 77. The powers of the city council or of the selectmen in Construction
2 regard to highways shall not be abridged by sections seventy-three to accordance
3 eighty-one, inclusive, in any manner, except as provided herein, and fS-bidden^
4 the powers conferred by said sections shall be in addition to other powers \f(li \Iq\ | |;
5 possessed by cities and towns. No public way shown on any plan filed i^^i. 486, § 9.
6 as aforesaid shall hereafter be laid out, located anew, altered or widened,
7 and no such way, whether already or hereafter laid out, shall be con-
8 structed by any public authority except in accordance with the plan
9 duly attested and recorded under said sections. If any person shall
10 open for public travel any private way the location, direction, width,
11 grades and in cities the plan of drainage of which have not previously
12 been approved in writing by the board of survey in the manner pro\'ided
13 in said sections, neither the city or town nor other public authority shall
14 place any public sewer, drain, water pipe or light in, or do any public
1.5 construction work of any kind, or make repairs, on such private way;
15 provided, that this section shall not prevent the laying of a trunk sewer,
17 drain, water or gas main if required by engineering necessities for the
18 accommodation of other territory.
1 Section 78. No register of deeds shall record any plan showing Plans not to be
2.1 1 . J 1 • 1 1 V I recorded unlesd
thereon proposed ways in any town navmg a board 01 survey, unless approved by
3 there is endorsed thereon a certificate of said board, or other proper igiyfiss.
4 officer by it designated, that all laws applicable to such plan have been
5 complied with. The clerk of each town shall notify the register of
6 deeds of the district where such town is situated of the acceptance by
7 such town of section seventy-three or corresponding provisions of earlier
8 laws, or of any special act establishing a board of survey therein, and
9 also the name of the officer designated by said board to approve plans
10 hereunder.
444
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ChAP. 41.
Monuments
and marks.
1907, 191, § 7.
1916, 190, § 7.
Establishment
of exterior
lines.
1907, 191, § 5.
1918, 135.
Section 79. Boards of survey, their officers and agents may, so far 1
as they deem it necessary in carrying out sections seventy-three to 2
eighty-one, inclusive, enter upon any lands and there make examina- 3
tions and surveys, and place and maintain monuments and marks. 4
Section 80. A town which accepts section seventy-three or has
accepted corresponding provisions of earlier laws or has accepted any
special act authorizing the creation of a board of sur\ey therein may
establish, in the manner provided for the laying out of town ways, the
exterior lines of any way, the plan of which is approved under section
seventy-four or seventy-five or under such special act; and thereafter
no structure shall be erected or maintained between the exterior lines of
the way so established, except that buildings or parts of buildings exist-
ing at the time of the establishment of said lines may remain and be
maintained to such extent and under such conditions as may be pre-
scribed by the board of survey of such town. Lines established under 11
this section may be discontinued in the manner provided for the dis- 12
continuance of a highway or a town way. This section shall not apply 13
to cities. 14
1
2
3
4
5
6
7
8
9
10
Damages.
1907, 191,
§§ 7, 8.
1916, 190, § 8.
1918, 135.
Section 81. Sections seventy-three to seventy-nine, inclusive, shall 1
not authorize the taking of land nor authorize a town to lay out or 2
construct any way which may be indicated on any plan until such way 3
has been laid out as a highway; nor shall said sections render a town 4
liable for damages except such as may be sustained under section 5
seventy-six by reason of the making and filing of any new plan or by 6
reason of changes made in any plan already duly attested and filed, 7
and for such damages as may be sustained by reason of the acts of the 8
board of survey, its officers and agents under section seventy-nine. Any 9
person injured in his property as aforesaid or by the establishment or 10
discontinuance of exterior lines under section eighty may recover the 11
damages so caused under chapter seventy-nine. 12
Acceptance
of statute.
1911, 146,
§§1,7.
Appointment
and removal.
1911, 146,
§§ 2, 6.
ART COMMISSION.
Section 82. Cities and towns which accept this section or have
accepted corresponding provisions of earlier laws may, except where
their charters make special provisions therefor, establish art commis-
sions in accordance with the two following sections. In cities such accept-
ance shall be by the city council and in towns at an annual town meeting.
Section 83. Within sixty days after the acceptance of the preced-
ing section, the school committee, the board of trustees of the public
library and the board of park commissioners, or the members of three
similar boards designated by the town at the time of such acceptance,
shall each send in writing to the mayor or the selectmen the names of
two citizens of the town, and the mayor or selectmen shall, as soon as
may be, appoint from the persons so nominated an art coininission of
three members to serve without compensation, one to serve until the
first day of May succeeding the appointment, one to serve until one year
from said first of May, and one to serve until two years from said first 10
of ]\Iay. Tiiereafter," prior to the first day of April in each year, the 11
several boards designated shall each send in writing to the mayor or 12
selectmen the name of one citizen of the town, and the mayor or selectmen 13
1
2
3
4
5
•6
7
8
9
CUAP. 41.] OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. 445
14 shall, from the persons so nominated, appoint one member to serve for
15 three years from the first day of May in that year or until a successor is
16 qualified. The members so appointed may be removed in cities by a vote
17 of two thirds of the city council and in towns by a vote of two thirds of
18 the voters at an annual town meeting; and thereafter section eighty-two
19 shall not apply to such city or town unless again accepted as provided
20 therein.
1 Section 84. In any town which has accepted section eighty-two Approval of
2 or corresponding provisions of earlier laws, no municipal structure bSkUnRsand
3 shall be erected, and no work of art or ornament or object of utility, Tn^ubiic"'
4 except authorized structures of public service corporations and public i9''i7'i46
5 watering troughs or drinking fountains not constituting works of art §§3-5.
6 or ornament, shall be placed on any public ways or on any public lands
7 other than cemeteries, and no work of art or object of decoration shall
8 be placed in or upon any public or municipal building or be removed,
9 relocated or altered, unless the design thereof or the action to be taken
10 therewith shall have been approved in writing by the art commission,
11 or unless said commission shall have failed to disapprove the same in
12 writing within thirty days after its submission. Whoever violates the
1.3 provisions of this section shall be punished bj' a fine of not more than two
14 hundred dollars.
WEIGHERS, MEASURERS AND SURVEYORS OF COMMODITIES.
1 Section 85. The mavor or the selectmen, on the written request of Appointment,
2 any person engaged in buymg, sellmg or transportmg goods or com- ^^ "=™ "f
3 modities which require weighing, surveying or measuring, shall appoint i9i8, 65, § i.
4 weighers, measurers or surveyors of such goods or commodities, who
5 shall be sworn before entering upon their duties, shall serve for one
6 year, and may be removed at any time by the appointing authority.
7 At least one such weigher, measurer and surveyor in each town shall
8 not be engaged in the business of buying, selling or transporting the
9 goods or commodities weighed, measured or surveyed by him, but no
10 person shall be ineligible for appointment because of sex or because of
11 residence elsewhere than in the town w-here appointed, notwithstanding
12 any provisions to the contrary in any general or special act.
1 Section 86. All persons appointed under the preceding section Dutiesand
2 shall keep accurate records, in the form prescribed by the director of igiTtisT'
3 standards, of all weighings, measurements or surveys made by them, lis^'u.
4 which shall at all reasonable times be open to inspection by said director \f^^ ^^'
5 and his inspectors and by the local sealer of weights and measures. If
6 any person so appointed shall wilfully misrepresent the weight, quantity
7 or measurements of any goods weighed, measured or surveyed by him,
8 he shall be punished by a fine of not more than one hundred dollars.
1 Section 87. The two preceding sections shall not affect the pro- Not to afteot
2 visions of law for the appointment of weighers, measurers or surveyors par&a"'
3 of particular commodities. commodities.
1918, 65, § 4.
1 Section 88. The mayor of each city, and the selectmen of each weighere
2 town, where salt water fish are landed from vessels, shall annually ?88\^,^63, § i.
3 appoint a public weigher of fish, to hold office for one year from the ^ ^ ^'*' ^ ^^'
446
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ChAP. 41.
time of his appointment and until his successor is appointed, who shall 4
be sworn to the faithful performance of his official duties and shall give 5
bond, with sureties, in the sum of five thousand dollars. 6
welgh'eTs. SECTION 89. A pubHc Weigher of fish may appoint, subject to the 1
1S88. 163, 5^2. approval of the mayor or the chairman of the selectmen, deputy weighers, 2
for whose official conduct he shall be answerable, who shall be sworn, and 3
■ from each of whom such weigher shall require a bond, with sureties, in 4
the sum of one thousand dollars. The weigher and his deputies shall not 5
be interested directly or indirectly in the buying or selling of fish. 6
^Xting'oath Section 90. A weigher or any of his deputies who violates his oath 1
1888*163, § 6. of office shall be punished by a fine of not less than twenty-five nor more 2
R. L. 56, § 34. than one hundred dollars, and shall forfeit his office. 3
Appointment
and removal
in cities.
1859, 294.
G. S. 19, § 3.
P. S. 28. § 8.
1898. 208.
CON.STABLES.
Section 91. In a city in which the city council accepts this section, 1
or has accepted corresponding provisions of earlier laws, constables shall 2
be appointed by the mayor. The mayor may, with the consent of the 3
board of aldermen, remove a constable from office for gross misconduct. 4
R. L. 26, §§ 12, 13.
of''con°a'bfe"' Section 91A. The selectmen in any town may from time to time 1
1924782; § 1. appoint, for terms not exceeding one year, as many constables as they 2
deem necessary. 3
§61.
Service of
civil process.
1845,70. § 1.
1847, 98, § 2.
1851, 94,
§§1.2.
G. S. 18,
1870, 149.
1872. 268.
P. S. 27,
§§ 113, 114.
1893. 423,
§§ 27, 28.
1900, 213.
R. L. 25,
§§88.89.
13 Met. 302.
2 Gray, 208.
1 Allen, 461.
8 Alien, 398.
116 Mass. 371.
120 Mass. 143.
129 .Mass. 143.
KW Mass. 432.
164 Mass. 209.
172 Mass. 303.
174 Mass. 307.
Section 92. A constable who has given bond to the town in a sum 1
of not less than one thousand dollars, with sureties approved by the 2
selectmen, conditioned for the faithful performance of his duties in 3
the service of all civil processes committed to him, and has filed the 4
same, with the approval of the selectmen endorsed thereon, with the 5
town clerk, may within his town serve any writ or other process in a 6
personal action in which the damages are not laid at a greater sum 7
than two hundred dollars, and in replevin in which the subject matter 8
does not exceed in value two hundred dollars, and any writ or other 9
process under chapter two hundred and thirty-nine. A constable who 10
has filed such bond, in a sum of not less than three thousand dollars 11
may, within his town, also serve any such writ or other process in which 12
the damages are laid at a sum not exceeding three hundred dollars, and. 13
any process in replevin in which the subject matter does not exceed in 14
value three hundred dollars. 15
175 Mass. 451.
189 Mass. 457.
191 Mass. 503.
195 Mass. 411.
217 Mass. 294.
226 Mass. 332.
Remedy on
bond.
1845, 70,
§§ 1-3.
1851, 94, § 2.
G. S. 18, § 62.
P. S. 27, § 115.
1893, 423, § 29.
R. L. 25, § 90.
10 Met. 309.
13 Gray, 384.
3 Allen. 126.
5 Allen, 409.
7 Allen, 387.
103 Mass. 280.
104 Mass. 376.
Section 93. The town clerk shall note upon every bond given by a 1
constable the time of filing. Any person injured by a breach of the 2
condition thereof may, at his own expense, sue thereon in the name 3
of the town, and the proceedings shall be the same as in an action by 4
a creditor on an administrator's bond. The writ shall be endorsed by 5
him and, if he is not a resident of the commonwealth, it shall also be 6
endorsed by a responsible resident thereof. If judgment is for the 7
defendant, execution shall issue for costs against the endorser as if he 8
were a plaintiff of record. 9
129 Mass. 62, 143.
137 Mass. 191.
138 Mass. 336.
187 Mass. 461.
195 Maaa. 411.
217 Mass. 71, 294.
Ch.\.P. -±1.] OFFICERS AND EMPLOYEES OP CITIES, TOWNS AND DISTRICTS. 447
1 Section 94. Constables may serve the writs and processes described jy^^g" """^
2 in section ninety-two and warrants and processes in criminal cases, c^^i^. 3i, § 2;
3 although their town, parish, religious society or district is a party or k,92-.3, 22, § 6;
4 interested. They shall have the powers of sherifl's to require aid in the 1711-12,6, §2.
5 execution of their duties. They shall take due notice of and prosecute 1785775, §2.
6 all violations of law respecting the observance of the Lord's day, pro- YtH] l\] 1 3^
7 fane swearing and gaming. They shall serve all warrants and other ^^j,! gb, § 4;
8 processes directed to them by the selectmen of their town for notifying 'f[^'^\-^ ..^q
9 town meetings or for other purposes. They may serve by copy, attested 72, 76, 77.
10 by them, demands, notices and citations, and their returns of service §§ 63-67.
11 thereof shall be prima facie evidence; but this provision shall not §§ii6-i20.
12 exclude the service thereof by other persons.
1893, 423, §§30-34. R. L. 25, § 91. 135 Mass. 191. 151 Mass. 212.
1 Section 95. A constable, in the execution of a warrant or writ Jurisdiction
^ ,. 11. • I J - I • J 1 outside town
2 directed to him, may con\ey prisoners and property in his custody limits.
3 under such process beyond the limits of his town, either to the justice 17957 ek 5 4.
4 who issued it or to the jail or house of correction of his county. If a f847, gl', 1 1^'
5 warrant is issued against a person for an alleged crime committed within ^j fg/fg.
6 anv town, anv constable thereof to whom the warrant is directed may F;?;,P;„„
•,,,.". ... , , " Ss 121, 122.
7 apprehend him in any place m the commonwealth.
1893, 423, S§ 35, 36. 98 Mass. 4. 164 Mass. 209.
R. L. 25, §§ 92, 93. 137 Mass. 233. 191 Mass. 503.
POLICE OFFICERS.
1 Section 96. Selectmen may appoint police officers, who shall hold a^d ten*il?lo'f
2 office during their pleasure. °'^'=^-
1851, 162. R. L. 25, § 94. 103 Mass. 443.
G. S. 18, 5 38. 4 Gray, 34. 165 Mass. 183.
P. S. 27, § 85. 98 Mass. 4. 253 Mass. 400, 408.
1893, 423, § 7. 99 Mass. 592. 256 Mass. 37.
1 Section 97. In towns which accept this section or have accepted mentlofcer'tain
2 corresponding provisions of earlier laws there shall be a police depart- 599'o''59i
3 ment established under the direction of the selectmen, who shall appoint |^.?4^'?',^4m®'
4 a chief of police and such other police officers as they deem necessary, and 404.
5 fix their compensation in an amount not in the aggregate exceeding the °^'
6 annual appropriation therefor. The selectmen may make suitable regu-
7 lations governing the police department and the officers thereof, and in
8 towns which are not subject to provisions of chapter thirty-one to the
9 contrary may remove the chief and other officers at pleasure. The chief
10 of police shall be in immediate control of all town property used by the
11 department, and of the police officers, who shall obey his orders.
1 Section 98. The chief and other police officers of all cities and towns Powers and _
2 shall have all the powers and duties of constables except ser\ing and officers" ^° "*
3 executing civil process. They shall suppress and prevent all disturbances a^t Isf'i 38.
4 and disorder. They may when on duty carry such weapons as the fsgl, 423^^7.
5 mayor or selectmen shall determine. During the night time they may ^oq' fgl ^§^24
6 examine all persons abroad whom they have reason to suspect of unlaw- 264 Mass. 221.
7 ful design, and may demand of them their business abroad and whither
8 they are going; may disperse any assembly of three or more persons,
9 and may enter any building to suppress a riot or breach of peace therein.
10 Persons so suspected who do not give a satisfactory account of them-
11 selves, persons so assembled and who do not disperse when ordered, and
12 persons making, aiding and abetting in a riot or disturbance may be
448
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ChaP. 41.
arrested by the police, and may thereafter be safely kept by imprison- 13
nient or otherwise unless released in the manner provided by law, and 14
taken before a district court or trial justice to be examined and prose- 15
cuted. 16
rthS"Ya°es SECTION 99. A mayor or selectmen may, upon the requisition of the 1
on requisition, mavor or Selectmen of another city or town, provide police officers, who 2
p.s.'28T§ii. shall have the authority of constables and police officers within the 3
i92o' 591,' U3. limits of such city or town, except as to the service of civil process; and 4
the city or town providing said officers shall be entitled to receive from 5
such city or town the amount paid to them for their services, including 6
their necessary traveling expenses. 7
Indemnifica-
tion of police
officers,
firemen and
certain persons
assisting police
officers.
1888, 379.
1893, 186.
1900. 220.
R. L. 26, !
1910,261.
1920, 591, § 14
1927, 157.
1929, 192.
i21.
Section 100. A city, town, fire or water district may indemnify a 1
police officer, fireman or a member of the fire department or a person 2
required to assist a police officer in the discharge of his duties, to an 3
amount not more than the amount recommended by the board or officer 4
authorized to appoint police officers, firemen or members of the fire 5
department of such city, town or district, for expenses or damages sus- 6
tained by him while acting as a police officer, fireman or member of the 7
fire department or as such assistant, or incurred by him in the defence or 8
settlement of an action brought against him for acts done by him while 9
so acting, and such damages may include loss of pay by reason of absence 10
from duty on the part of such officer, fireman or member because of 11
temporary incapacity caused by injury suffered through no fault of his 12
own while in the actual performance of duty; and, if such officer, fire- 13
man, member or person be dead, such expenses or damages shall be payable 14
to his widow, or, if he leaves no widow, then to his next of kin who, at 15
the time of his death, were dependent upon his wages for support. This 16
section shall be construed to authorize a city or town to pay compensation, 1 7
in the manner herein provided, for damages for personal injuries, whether 18
or not death results, and for property damage sustained by a person while 19
assisting a police officer thereof in the discharge of his duty upon his 20
requirement. 21
Indemnifica-
tion of officers
or employees
for damages,
etc., incurred
on account of
injuries arising
out of their
operation of
publicly owned
motor vehicles.
1931, 458, § 4.
Section lOOA. A city which accepts this section by vote of its city 1
council subject to the provisions of its charter, or a town which accepts 2
the same by vote of its inhabitants at an annual town meeting, may, 3
after an appropriation has been made therefor, indemnify an officer or 4
employee thereof for expenses or damages incurred by him in the defence 5
or settlement of a claim against him for bodily injuries, including death (i
at any time resulting therefrom, arising out of the operation of a motor 7
vehicle owned by such city or town, to an amount not exceeding five 8
thousand dollars; provided, that after investigation it shall appear to the 9
mayor or selectmen that such officer or employee was at the time the 10
claim arose acting within the scope of his official duties or employment, 1 1
and provided, further, that the defence or settlement of such claim shall 12
have been made by the city solicitor or the town counsel, or, if the town 13
has no town counsel, by an attorney employed for the purpose by the 14
selectmen, upon the request of said officer or employee and at the direction 15
of the mayor or selectmen. This section shall not apply in respect to a 16
claim against an officer or employee which is covered by a policy of 17
insurance eft'ected by the city or town under clause (1) of section five of 18
chapter forty. 19
ClIAF. 41.] OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. 449
1 Section 101. If a town so votes under section twenty-one the select- ^°™bi?*'°°^
2 men shall appoint a suitable person as chief of the police and fire depart- \l'^^y-^g^
3 nients who may be designated as commissioner of public safety. He shall
4 have authority, subject to the appro\'al of the selectmen, to appoint a
5 deputy as chief of the police and one or more deputy chiefs of the fire
6 department. He shall have all the authority of constables and police
7 officers in towns and also the powers and duties of fire engineers, and,
8 subject to the approval of the selectmen, shall fix the compensation of
9 police officers and permanent and call members of the fire department.
10 Such compensation shall not exceed, however, in the aggregate the
11 amount appropriated therefor by the town. The deputy chiefs of the fire
12 department shall under him have the powers of fire engineers relative to
18 the extinguishing of fires in the town and the protection of life and prop-
14 erty in case of fire.
INSPECTOR OF HEALTH.
1 Section 102. If a town votes under section twenty-one to have its Appointment
2 selectmen act as a board of health, the selectmen may appoint an inspec- 1920, 591, § 38.
3 tor of health, who shall assist the selectmen in the performance of their
4 duties as such board.
1 Section 102A. In any town of not exceeding three thousand inhabit- ^^J'^^"^!^^"*'
2 ants which \otes under section twenty-one to have its selectmen act as a physician as
3 board of health and which accepts this section by vote in town meeting, health in °
4 the selectmen may appoint the school physician to be inspector of health, 1925,' 303™^3.
5 with the duties set forth in section one hundred and two. Such appoint-
6 ment shall not bar the school physician from the general practice of his
7 profession.
PURCHASING agent.
1 Section 103. A city which accepts this section in the manner pro- Duties and
2 vided in the following section or has accepted corresponding provisions 1916,^223. § 1.
3 of earlier laws, or a town which accepts this section or has accepted ^^'°' ^®'' ^ ^''•
4 corresponding provisions of earlier laws, may establish a purchasing
5 department, to consist of a purchasing agent and such assistants as
6 the city council or selectmen may determine. In cities the salaries of
7 the purchasing agent and assistants shall be determined by the city
8 council. In cities the agent and assistants shall be appointed by the
9 mayor for such terms of office as may be prescribed by ordinance, and
10 in towns they shall be appointed and may be removed by the selectmen.
11 The purchasing agent shall purchase all supplies for the city or town
12 and for every department thereof except in case of emergency. All
13 purchases or contracts for purchases exceeding one hundred dollars in
14 amount shall be based upon competition. A record shall be kept by the
15 department of the prices paid for the supplies, and shall be open to the
16 inspection of any citizen.
1 Section 104. A city council, with the approval of the mayor, may Acceptance
2 vote to submit the preceding section to the qualified voters of the city section.
3 at any annual city election, in the form of the following question to be • • •
4 placed upon the official ballot: "Shall section one hundred and three of
5 chapter forty-one of the General Laws, authorizing the estab-
6 lishment of purchasing departments in cities, be accepted?"
7 If a majority of the voters voting thereon shall vote in the affirmative,
8 said section shall take effect in that city.
YES.
NO.
450
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ClIAP. 41.
Duties and
manner of
selection.
1919, 61. § 3.
1920, 292, § 3.
TRUSTEES OF SOLDIERS MEMORIALS.
Section 10.5. Towns which accept gifts or bequests or appropriate
money for the purpose of properly commemorating the services and
sacrifices of the soldiers, sailors and marines who have served the
country in war may provide for a board of trustees to have charge and
control of the construction of any such memorial, and to have the
custody and care thereof after its construction. In cities the board
shall consist of the mayor, and five members appointed by him and
approved by the council, two of whom shall not be veterans of any
war; two members shall be appointed for one year, two for two years,
and one for three years, and as the term of each member expires, a
successor shall be appointed for three years. Any vacancy shall be
filled in the same manner for the unexpired term. In towns the said
board shall consist of the chairman of the board of selectmen, and
five members elected by the town in the same manner as other town
officers, two of whom shall not be veterans of any war; two members
shall be elected for one year, two for two years and one for three years,
and as the term of each member expires, a successor shall be elected
for three years; but until such board is elected, the selectmen rnay
appoint a temporary board to serve until the next annual town meeting.
Any vacancy occurring in the town board shall be filled for the unex-
pired term by the remaining members. Such boards may make such
rules and regulations relative to the use of said memorials as they deem
necessary. "'^
TREE WARDEN.
Appointment. SECTION 106. If a town SO votcs uudcr section twenty-one, the 1
selectmen shall appoint a tree warden. ^
1
2
3
4
5
6
7
8
9
10
11
12
1.3
14
1.5
16
17
18
19
20
21
90
Appointment
of sciiool
physician as
town piiy-
sicianin
certain towns.
1925, 303, § 4.
TOWN PHYSICIAN.
Section 106A. In any town of not exceeding three thousand inhab-
itants which accepts this section by vote in town meeting, the selectmen
may appoint the school physician to be the town physician. Such
apiJointment shall not bar the school physician from the general practice
of his profession.
1
2
3
4
5
Oath of office.
Time of enter-
ing upon
duties.
1785, 75, 5 2.
R. S. 15, § 33.
G. S. 18, §31.
P. S. 27,
§§78,79.
1893, 417,
|§ 277. 278.
1898, 548,
§§342, 343.
R. L. 11,
§§ 346, 347.
1907, 560,
§§ 374, 375,
4fle.
1913, 835,
§§ 414, 415,
503.
1918, 291, § 27
1927, 18.
1929, 130.
TERM OF OFFICE AND COMPENSATION OF TOWN OFFICERS.
Section 107. A person who is elected town cJerk shall be sworn either
by the moderator or by a justice of the peace, and shall enter upon the
performance of his duties on the seventh day succeeding his election or
as soon thereafter as he is qualified and shall hold office during the term
fixed by law, which shall begin on the seventh day succeeding his elec-
tion, aiid until another person is qualified, in his stead. Every person
elected to any other town office designated by name in section one, before
entering upon his official duties shall be sworn to the faithful performance
thereof, either by the moderator in open town meeting or by the town
clerk, and, unless other provision is specifically made by law, shall enter
upon the performance of his duties on the day after his election, or as 11
soon thereafter as he is qualified, and shall hold office during the terni 12
fixed by law, which shall begin on the day after said election, and until 13
another person is qualified in his stead. 1-1
1
2.
3
4
5
6
7
8
9
10
Chap. 41.] officers and employees of cities, towns and districts. 451
1 Section 108. The salary and compensation of all elected officers of fg^g^PISI*""?;
2 a town shall be fixed by vote of the town. Except as provided in section jsuj*. ^f^'^\ll-
3 four A. all boards or heads of departments of a town shall fix the salary 2fi;^„5'i.7.^ ^^
4 or compensation of ail officers or employees appointed or employed by i93i!426,'§i57.
5 them, subject to the provisions of section thirty-one of chapter forty- 208 ul^'. 51. '
6 four. A city may by ordinance prescribe that all fees, charges or com-
7 missions allowed by law to any officer thereof shall be paid into the city
8 treasury and belong to the city, and in such case shall pay such officer
9 such compensation as the city council may determine.
1 Section 109. A town officer may resign his office by filing a resigna- Resignation.
2 tion thereof in the office of the town clerk, and such resignation shall be removal from
3 effective forthwith unless a time certain is specified therein when it p"s" 27, § 89.
4 shall take efi'ect. If a person removes from a town he shall thereby flgi*'^'
5 vacate any town office held by him.
1898,548, §358. 1907, 560, 55 390, 456. 1918, 291. § 32.
R. L. 11, §362. 1913, 835, §§430, 503. 1 Pick. 129.
1 Section 109A. Every officer or employee of a city, town or district surety com-
2 required to furnish a fidelity bond with a surety or sureties shall furnish 1924, 404, 1 9.
3 a bond with a surety company authorized to transact business in the
4 commonwealth, as surety. The premium on such bond shall in every
5 case be paid by the city, town or district.
holidays and vacations.
1 Section 110. The city council of a city may provide that the em- Half holidays
2 ployees, including laborers, mechanics and all other classes of workmen iggTsev!"^^'
3 employed by the city, shall be allowed one half holiday in each week r^L'.Is, §99;
4 without loss of pay during such portion of the year as the city council 1920 ||,^ 5 12.
5 determines. The selectmen of a town, upon the recommendation in
6 writing of the head of any town department, may provide that the em-
7 ployees of such department in the town, including laborers, mechanics
8 and all other classes of workmen employed by the town, shall be allowed
9 one half holiday in each week without loss of pay during such part of
10 the year as the selectmen determine.
1 Section 111. In any town which accepted chapter two hundred and vacations of
2 seventeen of the acts of nineteen hundred and fourteen, all persons classi- 1914, 217.
3 fied as laborers, or doing the work of laborers, regularly employed by such 1917! le.
4 town, shall be granted a vacation of not less than two weeks during each I920: 143!
5 year of their employment, without loss of pay. In any city which ac- J9I3; 345; ^ ^°-
6 cepted said chapter the city council may determine that a vacation of i^^*^' i^^-
7 two weeks without loss of pay shall be granted to every person regularly
8 employed by such city as a common laborer, skilled laborer, mechanic
9 or craftsman. If such vacations are authorized, they shall be granted by
10 the heads of the executive departments of the city at such times as in
1 1 their opinion will cause the least interference with the performance of the
12 regular work of the city. A person shall be deemed to be regularly em-
13 ployed, within the meaning of this section, if he has actually worked for
14 the city or town for thirty-two weeks in the aggregate during the preced-
l-'i ing calendar year. The department of labor and industries shall enforce
IG this section, and shall have all necessary powers therefor.
452
OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS. [ChAP. 41.
Vacations for
members oi
regular or
permanent
police and fire
forces in
towns.
Section 111 A. In any town which accepts this section, all members
of its regular or permanent police or fire force may be granted a vacation
of not less than two weeks during each year of their employment, with-
out loss of pay. The provisions of this section shall not apply in cities.
1929, 206.
Employment
of veterans in
labor service.
1.S96, 517, § 6.
R. L. 19, § 24.
1919. 150, § 3.
166 Mass. 14,
589
ITOMass. 58.
192 Mass. 299.
193 Mass. 537.
EMPLOYMENT OF VETERANS.
Section 112. In to\vns in which the provisions of chapter thirty-one
and the rules governing the civil service have not been applied to the
labor service, the selectmen and the city councils shall take any neces-
sary action to secure the employment of veterans in the labor sen'ice of
their respective cities and towns in preference to all other persons except
women.
195 Mass. 370.
District may
vote to use
official ballots.
Certain dis-
tricts to be
subject to laws
relative to
such ballots.
1915, 182,
§§1,7.
DISTRICT OFFICERS.
Section 11.3. A fire, improvement or water district situated in one 1
or more towns where official ballots are used may, at the annual meeting 2
or at a meeting called for the purpose, vote that official ballots shall 3
thereafter be used therein. Sections one hundred and fourteen to one 4
hundred and nineteen, inclusive, shall apply to all such districts and 5
to all districts which are now subject to the corresponding provisions of 6
earlier laws; but any of said districts may, at the annual meeting or at a 7
meeting called for the purpose at least thirty days before the annual 8
meeting, by a two thirds vote discontinue the use of official ballots, and 9
cease to be subject to said sections. 10
Election laws
to apply.
1915, 182. § 1.
Section 114. Where official ballots are used nominations for district
officers elected by ballot shall be made, ballots and other apparatus
therefor provided, and the elections of such officers conducted in accord-
ance with chapters fifty to fifty-six, inclusive, so far as applicable, except
as otherwise provided in sections one hundred and fourteen to one hun-
dred and seventeen, inclusive, of this cluipter.
Filing of
nomination
papers, etc.
1915, 182, § 2.
Section 11.5. Every nomination paper of a candidate for office in 1
said districts shall, before being filed, be submitted, on or before five 2
o'clock in the afternoon of the Saturday preceding the day on which it 3
must be filed, to the registrars of voters of the town where the district is 4
situated, who shall forthwith certify thereon the number of signatures 5
which are names of voters qualified to vote in the district. All nomina- 6
tion papers and certificates of nomination shall be filed with the clerk of 7
the district within the time allowed by the general laws relating to filing 8
nomination papers and certificates of nomination with the town clerk in 9
town elections. In a district composed of parts of two or more towns the 10
prudential committee of the district siiall act as registrars of voters for 11
the purpose of certifying tiie signatures on nomination papers. 12
Duties of
prudential
committee
and clerk.
1915, 182, § 3.
Section 116. In carrying out the provisions of sections one hundred 1
and thirteen to one hundred and nineteen, inclusive, the prudential com- 2
mittee of a district sliall perform all the duties reciuired to be performed 3
by the selectmen in town elections where official ballots are used, and the 4
clerks of said districts shall perform all the duties required to be per- 5
Chaps. 41, 42.]
453
G formed hy the town clerk in elections of town officers where official ballots
7 are used.
1 Section 117.
The town where a district is situated shall provide for Town to
2 said district an official ballot box and other necessary election parapher- pfac^^balfot"^
3 nalia when they are recjuired for use in elections in that district, but all i9i''5'582, §4.
4 expense incurred in any election in the district shall be borne by the
5 district. In districts composed of parts of two or more towns the ballot
6 box and election paraphernalia shall be furnished by the town where the
7 election is actually held.
1 Section 118. Upon request of the clerk of a town wherein any such state secretary
2 district uses the official ballot, the state secretary shall supply for use of ManlffoLis.
3 such district or districts such blank forms, tally sheets and total vote t'^J,'y sheets,
4 sheets as are supplied to towns for use in town elections. '^i^' ^^^' ^ ^■
1 Section 119. Said districts may hold the meeting for the election of ^^J5?_^°gf
2 officers and the business meeting on the same dav, or thev may hold the election and
3 election and the business meeting on different days. The election and 1915,182. §6.
4 business meeting may be held in the evening; provided, that the polls
5 shall be kept open for the election of ofiicers at least two hours.
CHAPTER 42.
BOUNDARIES OF CITIES AND TOWNS.
Sect.
1. Seaward boundary of towns.
2. Perambulation of town lines.
3. Notice of perambulation.
4. Monuments to be erected.
5. Perambulations of towns adjoining
other states.
6. Penalty.
7. Changes in boundary of contiguous
towns.
Sect.
8. Plan of boundary formed by stream or
highway.
9. Triangulation points to be evidence of
location of lines.
10. Obliteration of monuments forbidden.
11. Penalties.
12. Determination of doubtful or disputed
boundaries.
1 Section 1. The boundary line of towns bordering upon the sea Seaward
2 shall coincide with the marine boundary of the commonwealth as defined towna."'^ "^
3 in section three of chapter one.
1881, 196. § 1.
P. S. 27, § 2.
R. L. 25, § 1.
114 Mass. 214.
152 Mass. 230.
139 U. S. 240.
ion
lines.
1 Section 2. The boundarv lines of every town shall be perambulated Perambuiati
2, , , , ■ , . ■ ^ of town lines
and run and the marks renewed, once in e\ery five vears, bv two or more c l. 10, § 1
3 of the selectmen of each town or by substitutes appointed by them in nss, 75, §' 1. '
4 writing, and the proceedings shall be recorded in the records of each town, a s! is! § 3.
p. S. 27, § 3.
R. L. 25, § 2.
15 Pick. 44.
2 Cush. 406.
100 Mass. 58.
102 Mass. 148.
183 Mass. 189.
1 Section 3. Ten days before a perambulation of the boundary be- Notice ot
2 tween two contiguous towns the selectmen of the older of such towns fo^-s! Mffi.
3 shall give written notice to the selectmen of the other town of the time {yttid^ii.
454
BOUNDARIES OF CITIES AND TOWNS.
[Chap. 42.
R. s. 15. §3. and place of meeting therefor; and selectmen neglecting to give such
PS. 27.' § 4.' notice or to attend personally or by their substitutes shall severally for-
R. L. 25, § 3. J .,,,,„ '^
leit twenty dollars.
4
5
6
Monuments to
be erected.
C. L. 10. § 1.
1826. 117. § 1.
R. S. 1.5. § 4.
G. S. 18. § 5.
1861. S4.
P. S. 27, § 5.
R. L. 25, § 4.
Section 4. The selectmen of contiguous towns shall, at the joint 1
and equal expense of such towns, erect permanent stone monuments at 2
every angle of their respective boundary lines and wherever a highway 3
crosses such lines, unless such monument, two feet high from the ground, 4
already exists or unless such lines are bounded by the sea or by a per- 5
manent stream. The monuments shall be well set in the ground, at 6
least four feet high from its surface, and shall have the initial letters 7
of the respective names of such towns legibly cut thereon. 8
Perambulations SECTION 5. The Selectmen of to'wns bordering on another state, if 1
oi towns . *-• . '
adjoining other t^g Ungg betwccn the statcs liavc been established, shall once in everv 2
1826. 117. 5 2. five years give notice to the selectmen or other proper officers of adjoin- 3
g! s: is! 5 6. ing towns in the other state of their intention to perambulate such lines. 4
R, L.?5, §^5. If such proposals are accepted, a perambulation shall be made as above 5
provided. No bound erected by the commonwealth and an adjoining 6
state shall be removed by such selectmen or other officers. 7
fs'e'nV 5 3 Section 6. A selectman who refuses or neglects to perform any 1
SI'^c ^!i~^' duty required of him by the two preceding sections shall forfeit twenty 2
G. S. 18. s 7. ^ ^ '
P. s. 27. 5 7. dollars. 3
R. L. 25. § 6.
Changes in
boundary of
contiguous
towns.
1888, 3.36. § 1.
1901, 469. § 1.
R. L. 25. § 7.
1919. 350,
§ 113.
1931, 394, § 7.
Section 7. The department of public works may, with the concur- 1
rence of towns at town meetings, propose changes, by straightening or 2
otherwise, in the boundary lines of contiguous towns. Such proposed 3
changes shall be submitted to the ne.xt regular session of the general 4
court, and, if ratified and accepted by it, said department shall locate 5
and define such changes by determining by triangulation the position 6
of each angle and corner in such new boundary line; and the selectmen 7
of such contiguous towns shall thereafter place such monuments at 8
the new points determined, and place such marks on them, in addition 9
to initials, as the department may prescribe and in the manner required 10
by section four. Monuments marking angles and corners in town 11
boundaries, the position of which has not been changed, shall be re- 12
marked in the manner indicated by said department so as to establish a 13
uniform system of designating the angles and corners of town boundary 14
Hues. 15
Plan of bound-
ary formed by
stream or
highway.
1888, 336. § 2.
R. L. 25. § 8.
1919, 350,
§ 113.
1931, 394, § 8.
Section 8. If the boundary line between towns is formed wholly 1
or partly by a stream or by a highway, a survey and plan of such stream 2
or highway shall be made by said department, based on the triangulation 3
common to the other town boundary lines, and the plan shall be filed 4
in the office of said department. 5
Triangulation
points to be
evidence of lo-
cation of lines.
1888, .336, § 3.
R. L. 25. i 9.
1919.350. §113.
1931, 394, § 9.
Section 9. The triangulation points established by said department 1
shall be regarded as a part of the evidence of the location of town bound- 2
ary lines, and a description of the position and marks of such points shall 3
be communicated in writing by said department to the selectmen of the 4
Ch-^ps. 42, 43.] 455
5 towns where such points are located, and shall be filed with the perambu-
6 lation records of such towns.
1 Section 10. No person, except as hereinafter provided, shall re- Obliteration
2 move, obliterate or cover up any monument or mark designating a forbidden!™ ^
3 boundary line of a town. The county commissioners of the county ^^t ll^\\o.
4 where any such monument or mark is wholly or partly situated may '®^^' '"*•
5 grant to any person making written application permission to remove,
6 cover up or obliterate the same, first making provision for preserving the
7 exact location of the original boundary or mark by causing proper wit-
8 ness marks to be set up, or other means taken, which shall, with proper
9 designation and measurement, indicate the position of the original mark
10 or monument. The commissioners shall cause a full description and
11 designation of such witness marks and monuments so made and set
12 up to be recorded in the office of the town clerk of the contiguous towns,
13 and a copy of such description to be forwarded to the state secretary.
14 This section shall not apply to monuments and marks designating
15 boundary lines of the commonwealth.
1 Section 11. Whoever violates any provision of the preceding section, Penalties.
2 or wilfully or maliciously disturbs or injures the monuments or marks r. l'. 25, '§ ii'.
3 aforesaid, shall be punished by a fine of not more than fifty dollars or by
4 imprisonment for not more than six months.
1 Section 12. If the true boundary between two or more adjacent Determination
. . ... • , * 1 p 1 • T 111 **' aoubtful
2 counties, cities, towns or districts is ooubtiul or in dispute, the land court or disputed
3 may determine the location thereof upon the petition of one or more of 1919, 262?'§ 1.
4 such counties, cities, towns and districts and after such notice to ail other
5 counties, cities, towns and districts interested as the court shall order,
6 and the court may make such order as to the setting of durable bounds to
7 perpetuate the lines the location of which is so determined, and as to the
8 costs and expenses of the proceedings, as law and justice may require.
CHAPTER 43
CITY CHARTERS.
Sect
Sect
GENERAL PROVISIONS.
10.
One plan only may be considered at
1.
Certain terras defined.
an election.
2.
Certain cities may adopt one of the
11.
Majority vote required. Election of
plans of government provided.
officers.
3.
Legislative powers not abridged.
12.
Vote on other plans.
4.
Ordinances, etc., in effect until re-
13.
Four year period for plan adopted.
pealed, etc.
14.
Certain officials to carry out provi-
5.
Existing organization to continue un-
sions, etc.
til superseded.
15.
Dates of elections.
6.
Number of wards to continue until
16.
No primaries or caucuses to be held.
changed according to law.
17.
Certain officials to be sworn, time. etc.
7.
Filing of petition calling for vote on
18.
Legislative powers, proceedings, city
adoption of plan.
clerk, etc.
8.
Form of petition.
19.
Information by mayor to city coun-
9.
Proceedings after filing. Submission
cil, attendance at meetings, etc.
at state election.
20.
456
CITY CHARTERS.
[Chap. 43.
Sect.
21. Amendments, etc.
22. Passage at one session.
23. Ordinances, etc., to be published.
24. Obligations, actions, legal acts, etc.,
to continue.
25. Civil service laws not to apply to cer-
tain employees.
26. Certain vacancies, how filled. Acting
mayor.
27. Oificials and employees prohibited
from making or sharing in con-
tracts. Penalty.
28. Proposals to be asked for certain con-
tracts.
29. Mayor to approve certain contracts.
Surety bond, etc.
30. Purchase or taking of land for munic-
ipal purposes.
31. School committee, number, term, etc.
32. To appoint superintendent, etc.
Members not to hold other offices.
33. Powers and duties.
34. Sites, plans, etc., for school buildings.
35. Meetings to be public. Yea and nay
vote.
36. May fill vacancy in their own body.
37. Initiative petition.
38. Signatures to initiative petitions.
Certification. Transmission.
39. Action by city council or school com-
mittee if initiative petition is fully
signed. Referendum.
40. Proceedings if petition not fully
signed.
41. Ballots to state nature of measure.
42. Referendum petition.
43. City council may submit questions
to voters.
44. Measures with conflicting provisions.
44A. Preliminary elections. Nominations.
44B. Prerequisites for inclusion of name on
official ballot.
44C. Candidates for nomination, persons
eligible. Statement and petition.
44D. List of candidates. Official ballots.
44E. Counting, etc., of votes. Duties of
election officers and clerk.
44F. Candidates for election, how deter-
mined.
44G. Candidates for nomination, when
deemed nominated. Preliminary
election, when unnecessary.
44H. Acceptance of §§ 44A-44G, submis-
sion to voters, when.
45. Certain provisions to apply to any
plan adopted.
PLAN A. COVEnNMENT BY MAYOR AND
CITY COUNCIL ELECTED AT LARGE.
46. Plan A.
47. When plan takes effect.
48. Mayor, election, term, etc.
49. Party or political designations abol-
ished.
Sect.
50.
51.
52.
53.
54.
55.
City council, number, election, etc.
Salaries.
Mayor may make appointments with-
out confirmation.
Certificates of appointment.
Removals. Certain officers exempted.
Approval and veto by mayor of
orders, etc.
PLAN B. GOVERNMENT BY MAYOR AND
COUNCIL ELECTED BY DISTRICTS AND AT
LARGE.
56. Plan B.
57. When plan takes effect.
58. Mayor, election, term, etc.
59. City council, election, number, terms
of office, etc.
60. Appointments by mayor subject to
confirmation.
61. Removals, etc.
62. Salaries.
63. Approval by mayor of orders, etc.
PLAN C. COMMISSIO.V FORM OP GOV-
ERNMENT.
64. Plan C.
65. When plan takes effect.
66. City council to be governing body.
67. Members to act as departmental com-
missioners.
68. Terms of office.
69. Organization, etc.
70. Meetings.
71. Meetings to be public. City clerk,
duties, etc.
72. Powers.
73. Methods of action.
74. Mayor to be chief executive officer,
etc. Acting mayor.
75. Distribution of executive powers
by council. Determination of poli-
cies.
76. Heads of departments, etc.. appoint-
ments and removals.
77. Records of departments to be kept.
78. Salaries.
PLAN D. MAYOR, CITY COUNCIL AND CITY
MANAGER.
79. Plan D.
SO. When plan takes effect.
81. City council and mayor to be gov-
erning body.
82. Members, election, term, etc.
S3. Organization, etc.
84. Time for meetings.
85. Meetings to be public. Records, etc.
86. Vacancies.
87. Mayor, powers.
88. Salaries.
89. City manager.
90. Powers and duties of city manager.
91. Appointments and removals.
92. Regulations.
Chap. 43.] city ch.\rters. 457
GENERAL PROVISIONS.
1 Section 1. The following words as used in this chapter shall, unless Certain temis
2 the context otherwise requires, have the following meanings: _ f iV''^'
3 "Officer", "officers" and "administrative officers", when used with- i922,'237, 5 1.
1 • • '1 222 Klass 574
4 out further qualification or description, any person or persons in charge ^.m Mass! 67. '
5 of any department or division of the city. The said words when used 270 Mass. iss.
6 in contrast with a board or members of a board, or with division heads,
7 shall mean any of the persons in sole charge of a department of the
8 city.
9 "Ordinance", a vote or order of the city council entitled "ordinance"
10 and designed for the permanent regulation of any matter within the
11 jurisdiction of the city council as laid down in this chapter.
12 "Plan A", a city government and legislative body composed of the
13 mayor and a city council, the councillors being elected at large.
14 "Plan B", a city government and legislative body composed of a
15 mayor and city council, the councillors being elected partly at large and
16 partly from districts or wards of the city.
17 "Plan C", a city government and legislative body composed of a
18 mayor and commissioners as hereinafter specified.
19 "Plan D", a city government and legislative body composed of a
20 mayor and four councillors, and an administrative officer, called the
21 city manager, whose powers and duties are defined in sections eighty-
22 nine to ninety-two, inclusive.
23 "Regular municipal election", the annual or biennial election of
24 municipal officers for which provision is made in this chapter.
1 Section 2. Any city, except Boston, which shall adopt, in the man- Certain
2 ner hereinafter prescribed, one of the plans of government provided in adopt one of
3 this chapter shall thereafter be governed by the provisions thereof; govc'^rnment
4 and the inhabitants of such city shall continue to be a municipal cor- YnV.'^i&i.
5 poration under the name existing at the time of such adoption, and shall !• 5 2-
6 have, exercise and enjoy all the rights, immunities, powers and privi-
7 leges, and be subject to all the duties, liabilities and obligations provided
8 for in this chapter, or otherwise pertaining to or incumbent upon said
9 city as a municipal corporation.
1 Section 3. None of the legislative powers of a city shall be abridged ^^^^'Jfi^t
2 or impaired by this chapter; but all such legislative powers shall be ^^';|^|«2ot^
3 possessed and exercised by such body as shall be the legislative body of r s T ^' ^^^
4 the city under this chapter.
1 Section 4. Ordinances, resolutions, orders or other_ regulations of ^'".''''J^Xrt
2 a city or of any authorized body or official thereof, existing at the time ^;)^iJ,^^;t„
3 when such city adopts a plan of government set forth in this chap- i^i^'^e?.
4 ter, shall continue in full force and effect until repealed, modified or 228 iviass. 249.
5 superseded.
242 Mass. 599. 270 Mass. 185.
1 Section 5. Until superseded under this chapter, the organization of f,^|J^°,^tJo„
2 the executive and administrative departments, and the powers and t°j^J"/J°^;.
3 duties of the officers and employees of any city adopting any of the plans s^gdl-^ 237
4 provided for in this chapter, and the fiscal year of such city shall remain i, § s.
458
CITY CHARTERS.
[Chap. 43.
222 Mass. 574.
253 Mass. 193.
255 Mass. 220.
264 Mass. 158.
270 Mass. 1S5.
as constituted at the time of the adoption of such plan; but the city 5
council or other legislative body may at any time by ordinance, con- 6
sistent with general laws, reorganize, consolidate or abolish departments, 7
in whole or in part; transfer the duties, powers and appropriations of 8
one department to another, in whole or in part; establish new depart- 9
ments; and increase, reduce, establish or abolish salaries of heads of 10
departments or members of boards. This section shall not authorize 11
any action in conflict with chapter thirty-one. 12
Number of
wards to
continue until
changed
according
to law.
1915, 267,
I. §6.
Section 6. The territory of a city adopting any of the plans of 1
government provided for in this chapter shall continue to be divided 2
into the same number of wards existing at the time of such adoption, 3
which shall retain their boundaries until changed in accordance with 4
general law. 5
Filing of
petition
calling for
vote on
adoption of
plan.
1915, 267,
I. §7.
Form of
petition.
1915, 267,
I, §8.
1922, 237, § :
Separate
sheets
may be used.
Section 7. A petition addressed to the city council, in the form and 1
signed and certified as provided in the following section, may be filed 2
with the city clerk, who shall present the same to the city council. The 3
petition shall be signed by qualified voters of the city to a number equal 4
at least to ten per cent of the registered voters at the state election next 5
preceding the filing of the petition. 6
Section 8. The petition shall be in substantially the following form : 1
To the city council (or other legislative body) of the city of
We, the undersigned, qualified voters of the city, respectfully petition your
honorable body to cause to be submitted to a vote of the voters the follow-
ing question: "Shall the city of adopt the form of government
defined as Plan (A, B, C, or D, as it is desired by petitioners), and consist-
ing of (describe plan briefly, as government by mayor and nine councillors
elected at large, or government lay a mayor and councillors elected partly
at large and partly from wards or districts, or government by five commis-
sioners, one of whom shall be the mayor, or government by a mayor and
four councillors, with a city manager), with elections to be held (annually,
biennially in every even numbered year, or biennially in every odd num-
bered year) according to chapter forty-three of the General Laws relating
to city charters?"
The petition may be in the form of separate sheets, each sheet contain- 2
ing at the top thereof the heading above set forth, and when attached 3
together and offered for filing the several papers shall be deemed to con- 4
stitute one petition, and there shall be endorsed thereon the name and 5
address of the person presenting the same for filing. 6
Proceedinga
after filing.
Submission at
state election.
1925, 188.
Section 9. Within thirty days after the petition has been filed with 1
him, the city clerk shall, except as provided by the following section, 2
transmit a certified copy thereof to the city council, except that the sig- 3
natures upon the petition need not be copied but in place thereof the 4
city clerk shall state the number of signatures of registered voters 5
thereon, certified as such by the registrars of voters. If any question 6
arises as to the validity or sufficiency of the petition or of the signatures 7
thereon, any registered voter of the city may apjieal to the state ballot 8
law commission for a determination of said question, upon filing a notice 9
of such appeal with the city council and with said commission within 10
forty-five days after the filing of the petition. The decision of the com- 11
mission shall be final, and it shall forthwith send notice thereof to the 12
CtUP. 43.] CITY CHARTERS. 459
13 city council. Immediately uimhi the expiration of said period of forty-
U five days if no appeal has been taken as aforesaid and if it appears that
15 said petition bears the required number of signatures of registered
]() voters, certified as aforesaid, and is otherwise valid and sufficient, or
17 forthwith after all proceedings relative to such petition ha\e been decided
IS in favor of the validity or sufficiency of such petition or signatures, as
19 the case may be, said city council shall transmit said certified copy to
20 the state secretary, but not otherwise. The question proposed by the
21 petition shall be duly submitted upon the oflHcial ballot to a vote of the
22 registered voters of said city at the next biennial state election if said
23 certified copy is transmitted to the state secretary as hereinbefore pro-
24 vided at least thirty days before said election, otherwise it shall be so
25 submitted at the biennial state- election next following the aforesaid
26 election.
1 Section 10. The question of the adoption of not more than one plan One plan
2 may be submitted at an election. If, pending the determination of the TOnsidl^ed "
3 question proposed by petition already filed, another petition presenting ^^fj" |b7,"°°-
4 the question of the adoption of a different plan shall be presented for !■ § "*
5 filing with the city clerk, no action shall be taken upon the later petition,
6 except to file it, until after the submission to a vote of the question pro-
7 posed by the earlier petition. Should the result of such vote be adverse
8 thereto, proceedings shall then be had upon the later petition as though
9 it had been filed upon the day when such vote on the earlier petition
10 was cast.
1 Section 11. If a majority of the total number of votes cast at a Majority
2 regular state election for and against the adoption of one of the plans of E°ertion"rf^ "
3 government provided for in this chapter shall be in favor of its adoption, jfj.le?,
4 this chapter, so far as applicable to the form of government under the I'^l JJ^^^ ^^^
5 plan adopted by the city, shall supersede the provisions of its charter and 267 Mass. 43|.
6 of the general and special laws relating thereto and inconsistent herewith,
7 but not, however, until officers provided for imder such plan shall have
8 been duly elected and their terms of office shall have begun. The officers
9 provided for under the plan so adopted shall be elected in accordance
10 with the provisions of this chapter relating to such plan and in accordance
11 with section fifteen, and their terms of office shall begin at ten o'clock in
12 the forenoon of the first Monday of January following their election.
1 Section 12. Should a majority of the votes cast be against the vote on
2 adoption of the plan proposed, no petition proposing the same plan ?9i"267?'
3 shall be filed within one year thereafter; but a petition proposing the ^' 5'^-
4 adoption of one of the other plans provided for in this chapter may be
5 filed at any time thereafter, and, subject to section ten, proceedings
6 thereon shall be had as though no prior petition under this chapter had
7 been filed.
1 Section 13. Should any plan provided for in this chapter be adopted, ^°'J^]'f^J
2 it shall continue in force for at least four years from the beginning of the fg\l^^^f^^^-
3 terms of office of the officials elected thereunder; and no petition pro- i. 5 is.
• 4 posing a different plan shall be filed until after three years and six months
5 from such adoption.
460
CITY CHARTERS.
[Chap. 43.
Certain
officials to
carry out
provisions,
etc.
1915. 267,
1, § 14.
Section 14. The mayor, the aldermen and the common council, 1
the city council or other legislative body, and the city clerk in office when 2
any plan set forth in this chapter has been adopted, or is proposed for 3
adoption, shall comply with all requirements of this chapter relating 4
to such proposed adoption and to the election of the officers specified 5
in said plan, in order that all things necessary for the nomination and 6
election of the officers first to be elected under the provisions of this 7
chapter and of the plan so adopted may be done. 8
Dates of
elections.
1915, 267,
I, § 15.
1922. 237, § .3.
243 Mass. 288.
Section 1.5. Except as provided in this section, the first city election 1
next succeeding the adoption of any plan provided for by this chapter 2
shall take place on the third Tuesday of December next succeeding such 3
adoption, and thereafter the city election shall take place annually on the 4
Tuesday next following the first Monflay of December, and the munic- 5
ipal year shall begin and end at ten o'clock in the morning of the first 6
Monday of January in each year. If the plan adopted provides for elec- 7
tions to be held biennially in every even numbered year, then the regular 8
municipal election next succeeding the adoption of such plan shall take 9
place on the third Tuesday of December succeeding such adoption, and 10
thereafter said election shall take place biennially on the Tuesday next 11
following the first Monday of December, in every even numbered year. 12
If the plan adopted provides for elections to be held biennially in every 13
odd numbered year, then the regular municipal election held under the 14
provisions of such plan shall take place on the Tuesday next following the 15
first Monday of December in every odd numbered year. 16
No primaries
or caucuses to
be held.
1915, 267,
I, § 16.
1916, 68, § 1.
Section 16. No primary or caucus for municipal officers shall be 1
held. Candidates for mayor, city council and school committee, and 2
assessors, if elected by the people, shall be nominated in accordance with 3
section six of chapter fifty-three. 4
Certain
officials to be
sworn, time,
etc.
1915, 267,
I, § 17.
1916, 68, § 2.
1922. 237, § 4.
Section 17. On the first Monday in January, following a regular 1
municipal election, at ten o'clock in the forenoon, the mayor-elect and 2
the councillors-elect, and assessors-elect if elected by the people, shall 3
meet and be sworn to the faithful discharge of their duties. The oath 4
may be administered by the city clerk or by a justice of the peace, and a 5
certificate thereof shall be entered on the journal of the city council. At 6
any meeting thereafter the oath may be administered in the presence of 7
the city council to the ma\or, or to any councillor absent from the meet- 8
ing on the first Monday in January. 9
Section 18. Except as otherwise provided in this section, the leg-
islative powers of the city council may be exercised as pro\ided by
Legislative
powers,
proceedings,
city clerk, etc. , i , i i •,
1915, 267,1, §18. ordinance or rule adopted by it
Quorum, etc.
Proceedings,
etc.
1. Every member of the council may vote on any question coming
before it. A majority of the council shall constitute a quorum, and the
affirmative vote of a majority of all the members of the council shall be
necessary to adopt any motion, resolution or ordinance.
2. The city council shall, from time to time, establish rules for its pro-
ceedings. Regular and special meetings of the coimeil shall be held at a
time and place fixed by ordinance. All legislative sessions shall be open 10.
to the public, and every matter coming before the council for action shall 1 1
be put to a vote, the result of which shall be duly rccordeil. A full and 12
ClIAP. 43.] CITY CHARTERS. 461
13 accurate journal of the proceedings of the council shall be kept, and
14 shall lie open to the inspection of any registered voter of the city.
15 3. The council shall, by a majority vote, elect a city clerk to hold office city clerk,
16 for three years and until his successor is qualified. He shall have such •= ^"^ '°°' ®"'-
17 powers and perform such duties as the comicil may prescribe, in addition
1(S to such duties as may be prescribed by law. He shall keep the records of
19 the meetings of the council.
20 The person holding the office of city clerk at the time when any of the city clerk to
21 plans set forth in this chapter has been adopted by such city shall con- untiisuc-^
22 tinue to hold office for the term for which he was elected and until his qSfied.
23 successor is qualified.
1 Section 19. The city council at any time may request from the information
2 mayor specific information on any municipal matter within its jurisdic- city'coimcii?
3 tion, and may request him to be present to answer written questions meeUngs.'^etc'
4 relating thereto at a meeting to be held not earlier than one week from jf ^'''il®'''
5 the date of the receipt by the mayor of said questions. The mayor shall
6 personally, or through a head of a department or a member of a board,
7 attend such meeting and publicly answer all such questions. The person
8 so attending shall not be obliged to answer questions relating to any other
9 matter. The mayor may attend and address the city council in person
in or through the head of a department, or a member of a board, upon any
11 subject.
1 Section 20. No ordinance shall be passed finally on the date on Ordinances,
2 which it is introduced, except in cases of special emergency involving the loif! m7?°'
3 health or safety of the people or their property. '■ ^ ^"^
4 No ordinance shall be regarded as an emergency measure unless the
5 emergency is defined and declared in a preamble thereto separately
6 voted on and receiving the affirmative vote of two thirds of the members
7 of the city council.
8 No ordinance making a grant, renewal or extension, whatever its
9 kind or nature, of any franchise or special privilege shall be passed as
10 an emergency measure, and except as provided in sections seventy and
11 seventy-one of chapter one hundred and sixty-four and in chapter one
12 hundred and sixty-six, no such grant, renewal or extension shall be made
13 otherwise than by ordinance.
1 Section 21. No ordinance shall be amended or repealed except by Amendments,
2 an ordinance adopted in accordance with this chapter.
I9I5, 267, I, §21.
1 Section 22. Anv ordinance, order or resolution mav be passed Passage at
. . . V one session.
2 through all its stages of legislation at one session, provided that no \H\^^''-
3 member of the council objects thereto; but if any member of the council
4 objects, the measure shall be postponed for that meeting.
1 Section 23. Every proposed ordinance or loan order, except emer- ordinances,
2 gency measures as hereinbefore defined, shall be published once in full published.
3 in at least one newspaper of the city, and in any additional manner that i^Wi'^^'
4 may be provided by ordinance, at least ten days before its final passage. ^^^''' ^^^■
5 After such final passage, it shall, in the same manner as before, again be
6 published once, as amended and completed, except in the case of an
7 emergency ordinance which may be passed as hereinbefore provided
462
CITi' CHARTERS.
[Chap. 4.3.
and which shall take effect on its passage, and shall be so published at 8
the earliest practicable moment; provided, that if any ordinance or pro- 9
posed ordinance, or codification of ordinances or proposed ordinances, 10
shall exceed in length eight octavo pages of ordinary book print, then, 11
in lieu of the advertising recjuired by this section, the same may be pub- 12
lished by the city council in a municipal bulletin or printed pamphlet, 13
and if so published in full at least ten days before its final passage, and 14
thereafter, as amended and completed, again published in such bulletin 15
or pamphlet, said publications shall be deemed sufBcient without the 16
newspaper publication as herein required. 17
Obligations,
actions, legal
acts, etc., to
continue.
1915. 267,
I. § 24.
Section 24. All official bonds, recognizances, obligations, contracts 1
and other instruments entered into or executed by or to the city before 2
its adoption of a plan pro\ ided by this chapter, and all taxes, special 3
assessments, fines, penalties, forfeitures incurred or imposed, due or 4
owing to the city, shall be enforced and collected, and all writs, prose- 5
cutions, actions and causes of action, except as herein otherwise provided, 6
shall continue without abatement and remain unaffected by this chapter; 7
and no legal act done by or in favor of the city shall be rendered invalid 8
by its adoption of a plan provided by this chapter. 9
Civil service
laws not to
apply to
certain
employees.
1915, 267,
I, § 25.
Section 25. The civil service laws shall not apply to the appoint- 1
ment of the mayor's secretaries or of the stenographers, clerks, telephone 2
operators and messengers connected with his office, and the mayor may 3
remove such appointees without a hearing and without making a state- 4
ment of the cause of their removal. 5
Certain
vacancies,
how filled.
Acting mayor.
1915, 267,
I. § 26.
Section 26. If a vacancy occurs in the office of the mayor or city 1
council before the last six months of the term of office, the city council 2
shall order an election for a mayor or a member of the council to serve 3
for the unexpired term; and if such vacancy occurs in the last six months 4
of said term, the president of the city council shall succeed to the office 5
of mayor for the unexpired term. If the mayor is absent or unable from 6
any cause temporarily to perform his duties they shall be performed by 7
the president of the city council. The person upon whom such duties 8
shall devolve shall be called "acting mayor", and he shall possess the 9
powers of mayor only in matters not admitting of delay, but shall have 10
no power to make permanent appointments. 1 1
Whenever, under Flan C, any councillor shall be temporarily unable 12
for any cause to perform the duties of his office, the council may appoint 13
one of its members to exercise his powers and perform his duties during 14
such disability. Should an appointive officer of the city be temporarily 15
unable for any cause to perform his duties, the council or the mayor, hav- 16
ing the power of original appointment, may make a temporary appoint- 17
ment of some person to act until such official resumes his duties. IS
Officials and
employees
prohibited
from malving
or sharing
in contracts.
Penalty.
1915, 267,
I, 5 27.
Section 27. No mayor or member of the city council or school com- 1
mittee and no officer or employee of the city shall directly or indirectly 2
make a contract with the city, or receive any commission, discount, 3
bonus, gift, contribution, or reward from or any share in the profits of 4
any person making or performing such contract, unless the mayor, such 5
member, officer or employee, immediately upon learning of the existence 6
of such contract, or that such contract is proposed, shall notify in writing 7
the mayor, city council or school committee of the nature of his interest 8
Ch.\P. 43.] CITY CIL-VRTERS. 463
9 in such contract, and shall abstain from doing any official act on behalf
10 of the city in reference thereto. In case of such interest on the part of
11 an officer whose duty it is to sign such contract on behalf of the city,
12 the contract may be signed by any other officer of the city duly au-
13 thorizcd thereto by the mayor, or if the mayor has such interest, by the
1-4 city clerk; provided, that when a contractor with the city is a corpora-
1.5 tion or a voluntary stock association, the ownership of less than five
16 per cent of the stock or shares actually issued shall not be considered as
17 involving an interest in the contract within the meaning of this section,
18 and such ownership shall not affect the validity of the contract unless the
19 owner of such stock or shares is also an officer or agent of the corporation
20 or association, or solicits or takes part in the making of the contract.
21 A violation of any provision of this section shall render the contract
22 in respect to which such violation occurs voidable at the option of the
23 city. Any person violating the provisions of this section shall be punished
24 by' a fine of not more than one thousand dollars, or by imprisonment
25 for not more than one year, or both.
1 Section 28. No contract for construction work or for the purchase Proposals to
, . • t 1 , 1 (• • * • 1 De asked for
2 of apparatus, supplies or materials, whether tor repairs or original con- certain
3 struction, the estimated cost of which amounts to five hundred dollars 111*^267.
4 or more, except in cases of special emergency involving the health or J'gJs'm § i.
5 safety of the people or their property, shall be awarded unless proposals m m^- |68.
6 for the same have been invited by advertisements in at least one news-
7 paper published in the city once a week for at least two consecutive
8 weeks, the last publication to be at least one week before the time speci-
9 fied for the opening of said proposals. Such advertisements shall state
10 the time and place where plans and specifications of proposed work or
11 supplies may be had and the time and place for opening the proposals in
12 answer to said advertisements, and shall reserve to the city the right
13 to reject any or all of such proposals. All such proposals shall be
14 opened in public. No bill or contract shall be split or divided for the
15 purpose of evading any provision of this chapter.
1 Section 29. All contracts made by any department, board or com- Mayor to
2 mission where the amount involved is five hundred dollars or more shall cma'in
3 be in writing, and no such contract shall be deemed to have been made surltytond,
4 or executed until the approval of the mayor and of the department or ^J/jg 267.
5 board making the contract is affixed thereto. Any contract made as {gl^^
6 aforesaid may be required to be accompanied by a bond with sureties
7 satisfactory to the board or official having the matter in charge, or by a
8 deposit of money, certified check or other security for the faithful per-
9 formance thereof, and such bonds or other securities shall be deposited
10 with the city treasurer until the contract has been carried out in all
11 respects; and no such contract shall be altered except by a written
12 agreement of the contractor, the sureties on his bond, and the officer,
i:] department or board making the contract, with the approval of the
14 mayor affixed thereto.
1 Section 30. At the request of any department, and with the approval ^^^^^f <"■
2 of the mayor and the city council, the city council may, in the nanie of i^f^;';^^?^^,
3 the city, purchase, or take under chapter seventy-nine, any land within p^fpos^g^^
4 its limits for any municipal purpose. Whenever the price proposed to i'|3o.J^^^
5 be paid for a lot of land for any municipal purpose is more than twenty-
1928, 300, § 2.
464
CITY CHARTERS.
[Chap. 43.
five per cent higher than its average assessed valuation during the previ-
ous three years, the land shall not be purchased, but shall be taken as
aforesaid. No land shall be taken or purchased until an appropriation
by loan or otherwise for the general purpose for which land is needed
has been made by the city council, by a two thirds vote of all its mem-
bers; nor shall a price be paid in excess of the appropriation, unless all
larger sura is awarded by a court of competent jurisdiction. All pro- 12
ceedings in the taking of land shall be under the advice of the law depart- 13
ment, and a record thereof shall be kept by that department. 14
9
10
School com-
mittee, num-
ber, term, etc.
1915, 267.
I, §31.
1922, 237. § 5.
Section 31. The school committee shall consist of the mayor, who
shall be the chairman, and six members elected at large. _ At the first
regular municipal election held in any city after its adoption of one of
the plans provided in this chapter, there shall be elected, except as pro-
vided in this section, two members to serve for one year, two for two
years and two for three years, and annually thereafter there shall be
elected two members to serve for three years. If the plan adopted pro-
vides for elections to be held biennially, there shall be elected at the
first regular municipal election held under the provisions of such plan,
three members to serve for two years and three members to serve for
four years, and biennially thereafter three members to serve for four 11
years. 1"
To appoint
superintend-
ent, etc.
Members not
to hold other
offices.
1915, 267,
I, § 32.
1918, 257,
§157.
1919, 5.
1920, 2.
244 Mass. 296.
269 Mass. 67.
Powers and
duties.
1915, 267,
I, §§ 33, 35.
244 Mass. 296.
Sites, plans,
etc., for school
buildings.
1915, 267,
I, § 34.
1
2
3
4
5
6
7
8
9
10
Section 32. The school committee shall elect a superintendent of
schools annually, except as provided in section forty-one of chapter
seventy-one, and may, under chapter thirty-one, appoint, suspend or
remove at pleasure such subordinate officers or assistants, including
janitors of school buildings, as it may deem necessary for the proper
discharge of its duties and the conduct of its business; it shall define
their terms of service and their duties, and shall fix their compensation.
No member of the school committee, except the mayor, shall, during
the term for which he is elected, hold any other office or position the
salary or compensation for which is payable out of the city treasury.
The committee shall organize annually on the first Monday in January,
and shall elect one of its members as vice chairman, who shall preside at 12
all meetings of the committee at which the mayor is not present. 13
1
2
3
4
5
6
7
8
9
10
11
Section 33. Except as otherwise provided in this chapter and sub-
ject to any laws which limit the amount of money that may be appro-
priated in any city for school purposes, the school committee, in addition
to the powers and duties conferred and imposed by law on school com-
mittees, may provide, when necessary, temporary accommodations for
school purposes, may make all repairs, the expenditures for which are
made from the regular appropriation for the school department, shall
have control of all school buildings and grounds connected therewith
and shall make all reasonable rules and regulations, consistent with
law, for the management of the public schools of the city and for con-
ducting the business of the committee.
Section 34. No site for a school building shall be acquired by the
city unless the approval of the site by the school committee is first ob-
tained. No plans for the construction of or alterations in a school
building shall be accepted, and no work shall be begun on the construc-
tion or alteration of a school building, unless the approval of the school
1
2
3
4
5
6
7
8
9
10
11
1
2
3
4
5
ClIAI'. 4;;.) CITY CHARTERS. 465
6 committee and the mayor is first obtained. This section shall not require
7 such approval for the making of ordinary repairs.
1 Section 35. All meetings of the school committee shall be open to Meetings
2 the public, excejjt that, when requested by four members, any particular Yea and nay
3 meeting shall be private. The vote on any particular measure shall be igJi; 267,
4 by yeas and nays, when requested by two members. '• ^ ^®-
1 Section 36. If a vacancy occurs in the school committee by failure May mi
2 to elect, or otherwise, the city council and the remaining members of [herr^own"
3 the school committee shall meet in joint convention and elect a suitable igfs.^e?,
4 person to fill the vacancy until the first Monday in January following {912^237, § 6.
5 the next regular municipal election; and, if there would be a vacancy
() on said first Monday, it shall be filled at such regular municipal election
7 for the balance of the unexpired term. The mayor, if present, shall
8 preside at the convention.
1 Section 37. A petition conforming to the requirements hereinafter initiative
2 provided and requesting the city council to pass a measure, except an igis.'Te?,
3 order granted under section seventy or seventy-one of chapter one hun- 242 Mass. 599.
4 dred and sixty-four or chapter one hundred and sixty-six, or requesting
5 the school committee to pass a measure, therein set forth or designated,
6 shall be termed an initiative petition, and shall be acted upon as herein-
7 after provided. In this and the eight following sections, " measure " shall
8 mean an ordinance, resolution, order or vote passed by a city council,
9 or a resolution, order or vote passed by a school committee, as the case
10 may be.
1 Section 38. Signatures to initiative petitions need not be all on signatures to
2 one paper. AH such papers pertaining to any one measure shall be pe'tHfons.
3 fastened together and shall be filed in the office of the city clerk as one Trrnsmtssron.
4 instrument, with the endorsement thereon of the names and addresses j^j^gl®'''
5 of three persons designated as filing the same. With each signature to 257 Mass. 287.
6 the petition shall be stated the place of residence of the signer, giving the
7 street and number, if any.
8 Within five days after the filing of said petition the registrars of voters
9 shall ascertain by what number of registered voters the petition is signed,
10 and what percentage that number is of the total number of registered
11 voters, and shall attach thereto their certificate showing the result of
12 such examination.
13 The city clerk shall forthwith transmit the said certificate with the
14 said petition to the city council or to the school committee, according
15 as the petition is addressed, and at the same time shall send a copy of
16 said certificate to one or more of the persons designated on the petition
17 as filing the same.
1 Section 39. If any initiative petition is signed by registered voters Action by city-
2 equal in number to at least twenty per cent of the whole number of school com-
3 registered voters, the city council or the school committee shall, within ,™J"it'^ive
4 twenty days after the date of the certificate of the registrars to that fui'iy'si^ncd.
K pfl'pr.t - Referendum.
o eneci. 1915,267.
6 1. Pass said measure without alteration, subject to the referendum i, §40.
7 vote provided by this chapter, or
466
CITY CHARTERS.
[Chap. 43.
2. The city council shall call a special election to be held on a Tuesday 8
fixed by it not less than thirty nor more than forty-five days after the 9
date of the certificate hereinbefore mentioned, and shall submit the 10
proposed measure without alteration to a vote of the registered voters of 1 1
the city at that election; provided, that if any city election is otherwise 12
to occur within ninety days after the date of said certificate, the city 13
council may, at its discretion, omit calling the special election and sub- l-i
mit the proposed measure to the voters at such approachuig election. 15
Proceedings
if petition
not fully
signed.
1915, 267,
I. § 41.
1922, 237, 5 7.
1931,426,5158.
Section 40. If an initiative petition is signed by registered voters 1
equal in number to at least eight per cent but less than twenty per cent 2
of the total number of registered voters, and said measure be not passed 3
without alteration within twenty days by the city council or the school 4
committee, as provided in the preceding section, such proposed measure, 5
without alteration, shall be submitted by the city council to a vote of 6
the registered voters of the city at the next regular municipal election. 7
A measiu'e proposed under tliis section or section thirty-nine shall be- 8
come effective if it shall be approved by registered voters of the city 9
equal in number to one tlurd of the whole number thereof and also by a 10
majority of the voters voting on such measure, but not otherwise. 1 1
^tatena'ture SECTION 41. The ballots uscd whcu voting upon a proposed measure 1
of measure. Under scction thirty-nine or forty, or a measure or part thereof protested 2
against under the following section, shall state the nature of the measure, 3
1915, 267,
I, §46.
^ ' ' in terms sufficient to show the substance thereof.
Referendum
petition.
1915, 267,
I, §42.
224 Mass. 176.
242 Mass. 599.
257 Mass. 287.
Procedure,
etc.
Section 42. If, within twenty days after the final passage of any 1
measure by the city council or by the school committee, a petition signed 2
by registered voters of the city, equal in number to at least twelve per 3
cent of the total number of registered voters, is presented to the city 4
council or to the school committee, as the case may be, protesting against 5
such measure, or any part thereof, taking effect, the same shall thereupon 6
and thereby be suspended from taking effect; and the city council or 7
the school committee, as the case may be, shall immediately reconsider 8
such measure or part thereof; and if such measure or part thereof is not 9
entirely rescinded, the city council shall submit the same, by the method 10
herein provided, to a vote of the registered voters of the city, either at 11
the next regular city election, or at a special election which may, in its 12
discretion, be called for the purpose, and such measure or part thereof 13
shall forthwith become null and void unless a majority of the registered 14
voters voting on the same at such election vote in favor thereof. 15
The petition described in this section shall be termed a referendum 16
petition and section thirty-eight shall apply to the procedure in respect 17
thereto, except that the words "measure or part thereof protested 18
against" shall for this purpose be understood to replace "measure" in 19
said section wherever it may occur, and "referendum" shall be under- 20
stood to replace the word " initiative " in said section. 21
City council Section 43. The city council may, of its own motion, and shall, upon 1
!lStbns"to request of the school committee if a measure originates with that com- 2
i9i5"267, mittee and pertains to the affairs under its administration, submit to a 3
'■ ^ **' vote of the registered voters of the city for adoption or rejection at a 4
Chap. 43.] city ch.\rters. 467
5 general or special city election any proposed measure, or a proposition
6 for the repeal or amendment of any measure, in the same manner and with
7 the same force and efTect as are hereby provided for submission on
8 petition.
1 Section 44. If two or more proposed measures passed at the same Measures with
2 election contain conflicting pro\isions, only the one receiving the greater provisions.
3 number of affirmative votes shall take effect. ' i^Wi^^'
1 Section 44A. In every city, governed on September first, nineteen Preliminary
2 hundred and twenty-two, by any plan provided by this chapter, which Nom'imTtions.
3 accepts sections forty-four A to forty-four G, inclusive, in the manner 1922.282, §1.
4 provided by section forty-four H, and in every city, except Boston, which,
5 after said date adopts any such plan in the manner provided in this
G chapter, the provisions of sections forty-four A to forty-four G, inclusive,
7 shall apply. On the third Tuesday preceding every regular and special
8 election at which any office mentioned in this chapter is to be filled, there
9 shall be held, except as otherwise provided in section forty-four G, a pre-
10 liminary election for the purpose of nominating candidates therefor, and
11 section sixteen shall not apply. The first regular election, if occurring in
12 the year in which sections forty-four A to forty-four G, inclusive, are
13 accepted, shall be held on the third Tuesday of December. At every
14 regular, preliminary and special election, the ballots used shall be gov-
15 erned by the provisions of section forty-nine and the polls shall be open
16 during such hours, in accordance with general law, as the city council may
17 prescribe. No vote of the city council changing such hours shall take
18 effect unless accepted by a majority of the voters of the city voting
19 thereon at a biennial state election, and the state secretary, upon the
20 receipt at least thirty days before such an election of a copy of the vote
21 of the city council proposing such a change, certified by the city clerk,
22 shall cause the question of its acceptance to be placed upon the ballot to
23 be used m said city at such election.
1 Section 44B. Except as otherwise provided in section forty-four G, {^.''"nXsiM
2 there shall not be printed on the official ballot to be used at any regular or °L"?T? °y ^
3 special election the name of any person as a candidate for any office 1922, 282, § i.
4 unless such person has been nominated as such at a preliminary election
5 for nomination, held as provided in sections forty-four A to forty-four G,
6 inclusive. There shall not be printed on the official ballot for use at such
7 preliminary election the name of any candidate for nomination at such
8 election, unless he shall have filed, within the time limited by section
9 fort\-four C, the statement and petition therein described.
1 Section 44C. Any person who is qualified to vote for a candidate for candidates for
2 any elective municipal office and who is a candidate for nomination pIt",™ '°°'
3 thereto, shall be entitled to have his name as such candidate printed on statement
4 the official ballot to be used at a preliminary election; provided, that at iJJ^2''282,°§'i.
5 least ten days prior to such preliminary election he shall file with the city
6 clerk a statement in ^^Titing of his candidacy, and with it the petition of
7 at least fifty voters, qualified to vote for a candidate for the said office.
8 Said statement and petition shall be in substantially the following
9 form: —
468
CITY CH.\RTERS.
[Chap. 43.
Form of
statement.
Statement of Candidate.
I ( ), on oath declare that I reside at (number if any) on
(name of street) in the city of ; that I am a voter therein,
quaUfied to vote for a candidate for the hereinafter mentioned office; that
I am a candidate for the office of (name of office) for (state the term) to be
voted for at the preliminary election to be held on Tuesday, the
day of , nineteen hundred and
and I request that my name be printed as such candidate on the official
ballot for use at said preliminary election.
(Signed)
Commonwealth of Massachusetts,
Subscribed and sworn to on this
day of , nineteen hundred and
before me,
(Signed)
ss.
Justice of the Peace,
or [Notary Public).
Form of
petition.
Petition accompanying Statement of Candidate.
Whereas (name of candidate) is a candidate for nomination for the office
of (state the office) for (state the term), we, the undersigned, voters of the
city of , duly qualified to vote for a candidate for said office, do
hereby request that the name of said (name of candidate) as a candidate
for nomination for said office be printed on the official ballot to be used at
the preliminary election to be held on the Tuesday of ,
nineteen hundred and
We further state that we believe him to be of good moral character and
qualified to perform the duties of the office.
No acceptance by the candidate for nomination named in the said 10
petition shall be necessary to its validity or its filing, and the petition, 11
which may be on one or more papers, need not be sworn to. 12
List of Section 44D. On the first day, other than Sunday or a legal holi- 1
Official ' day, following the expiration of the time for filing the above described 2
1922,282, §1. statement and petition, the city clerk shall post in a conspicuous place 3
in the city hall the names and residences of the candidates for nomina- 4
tion who have duly qualified as candidates for nomination, as they are 5
to appear on tiie official ballots to be used at the preliminary election, 6
except as to the order of the names, and shall cause the ballots which 7
shall contain said names, in their order as drawn by the clerk, and no 8
others, with a designation of residence, and of the office and term of 9
service, to be printed, and the ballots so printed shall be official and 10
no others shall be used at the preliminary election. In drawings for 11
position on the ballot the candidates shall have an opportunity to be 12
present in person or by one representative each. Blank spaces shall be 13
left at the end of each list of candidates for nomination for the different 14
offices equal to the number to be nominated therefor, in which the voter If)
may insert the name of any person not printed on the ballot for whom Ki
he desires to vote for nomination for such office. There shall be printed 17
on such ballots such directions as will aid the voter, as, for example: 18
"vote for one", "vote for two", and the like, and the ballots shall be 19
headed as follows : — 20
Chap. 43.] ciri' charters. 469
Official Preliminary Ballot.
Candidates for nomination for the offices of ( ) in the city
of at a preliminary election to be held on the
day of in the year nineteen hundred and
21 (The heading shall be v-aried in accordance with the offices for which
22 nominations are to be made.)
1 Sectiox 4AE. The election officers shall, immediately upon the Counting,
2 closing of the polls at preliminary elections, count the ballots and ascer- Duties o"'^^'
3 tain the number of votes cast in the several voting places for each candi- ana'dS-k."^"''"
4 date, and forthwith make return thereof upon blanks to be furnished, ^^^^' ^^^- ^ ^■
5 as in regular elections, to the city clerk who shall canvass said returns
6 and shall forthwith determine the result thereof, insert the same in one
7 or more newspapers published in the city, and post the same in a con-
8 spicuous place in the city hall.
1 Section 44F. The two persons receiving at a preliminary election Candidates for
2 the highest number of votes for nomination for an office shall, except as dcTermmed."'
3 provided by section forty-four G, be the sole candidates for that office ^^"^' ^*^' ^ '"
4 whose names may be printed on the official ballot to be used at the regular
5 or special election at which such office is to be filled, and no acceptance
6 of a nomination at a preliminary election shall be necessary to its validity.
7 If two or more persons are to be elected to the same office at such
8 regular or special election the several persons in number equal to
9 twice the number so to be elected receiving at such preliminary election
10 the highest number of votes for nomination for that office shall, except
11 as provided by section forty-four G, be the sole candidates for that
12 office whose names may be printed on the official ballot.
13 If the preliminary election results in a tie vote among candidates for
14 nomination receiving the lowest number of votes, which, but for said tie
15 vote, would entitle a person receiving the same to have his name printed
16 upon the official ballot for the election, all candidates participating in said
17 tie vote shall have their names printed upon the official ballot, although in
18 consecjuence there be printed thereon candidates to a number exceeding
19 twice the number to be elected.
1 Section 44G. If at the expiration of the time for filing statements Candidates tor
2 of candidates to be voted for at any preliminary election not more than wh"n"deLmed
3 twice as many such statements have been filed with the city clerk for an f-^Stnlry
4 office as are to be elected to such office, the candidates whose statements e'*?""""' "''"'°
^ unnecessary.
5 have thus been filed shall be deemed to have been nominated to said 1922, 282, § 1.
6 office, and their names shall be voted on for such office at the succeeding
7 regular or special election, as the case may be, and the city clerk shall
8 not print said names upon the ballot to be used at said preliminary
9 election and no other nomination to said office shall be made. If in
10 consequence it shall appear that no names are to be printed upon the
11 official ballot to be used at any preliminary election in any ward or wards
12 of the city, no preliminary election shall be held in any such ward or wards.
1 Section 44H. If, in a city governed on September first, nineteen Acceptance of
2 hundred and twenty-two, by one of the plans provided by this chapter, Submission to
3 there is filed with the city clerk, not later than one month before a regular i'9227282!'Ti.
470
CITY CHARTERS.
[Chap. 43.
state election, a petition conforming so far as possible to the provisions 4
of sections eight and nine, requesting that such city accept the pro- 5
visions of sections forty-four A to forty-four G, inclusive, and bearing G
the signatures of registered voters thereof, duly certified by the regis- 7
trars of voters, to a number equal to at least ten per cent of the regis- 8
tered voters thereof at the regular state election next preceding such 9
filing, the following question shall be placed upon the official ballot to 10
be used in such city at the next regular state election: — • "Shall sections 11
forty-four A to forty-four G, inclusive, relative to the nomination by 12
preliminary elections of candidates for elective municipal offices in cities 13
governed under a standard form of city charter, be accepted by the 14
city of ?" If a majority of the voters voting thereon in 15
such city vote in the affirmative, said sections shall take efi'ect therein. 16
Certain pro- SECTION 45. Scctions onc to fortv-four G, inclusive, shall, upon the 1
visions to , . ^ 1 ' I • • II
apply to adoption bv an\' citv of anv of the plans heremafter set forth, apph' to the 2
any plan , ' i *' i " *• i • • i i • i i t ir *j
adopted. plan SO adopted, except as is otherwise provided in sucri plan. 6
1915, 267, I. § 47.
1922, 282, § 2.
Plan A.
1915, 267,
11, § 1.
PLAN A. — GOVERNMENT BY MAYOR AND CITY COUNCIL ELECTED AT
LARGE.
Section 46. The method of city government provided for in the 1
nine following sections shall be known as Plan A. 2
When plan
takes effect.
1915, 267, II,
§2.
Section 47. Upon the adoption of Plan A, it shall become operative 1
as provided in sections one to forty-five, inclusive. 2
Mayor,
election,
term, etc.
1915, 267,
II. §3.
251 .Mass. 468.
270 Mass. 185.
Section 48. There shall be a mayor, elected by and from the quali- 1
fied voters of the city, who shall be the chief executive officer of the city. 2
He shall hold office for the term of two years from the first Monday of 3
January following his election, and until his successor is qualified. 4
Section 49. No ballot u,sed at any annual, biennial or special city
election shall have printed thereon any party or political designation or
mark, and there shall not be appended to the name of any candidate any
Party or
political
designations
abolished.
1915, 267,
1931,394, §213. such party or political designation or mark, or anything showing how he
was nominated or indicating his views or opinions.
City council,
number,
election, etc.
1915, 267,
II. S5.
1922. 237, § 8.
270 Mass. 185.
Section 50. The legislative powers of the city shall be vested in a city
council, consisting of nine persons, elected at large by and from the
qualified voters of the city. One of its members shall be elected by the
council annually as its president. At the first election held in a city after
its adoption of Plan A, except as otherwise provided in this section, the
five candidates receiving the largest number of votes shall hold office for
two years, and the four receiving the next largest number of votes shall 7
hold office for one year. Thereafter, as these terms expire, there shall be 8
elected at each annual city election a sufficient number of members to fill 9
the vacancies created by the expiration of said terms, each member so 10
elected to serve for t\\o years. 1 1
If the plan adopted ])ro\ides for elections to be held biennially, at the 12
first regular municipal election held under the provisions of such plan and 13
at each biennial election thereafter, there shall be elected nine members of 14
CH-JIP. 43.] CITY CH.VRTKRS. 471
15 the city council to serve for two years from the first day of January
16 following their election and until tiicir successors are qualified.
1 Section 51. The mayor shall receive for his services such salary as saiariea.
2 the city council shall by ordinance determine, not exceeding five thou- ii. i'e.
3 sand dollars, and shall receive no other compensation from the city. His
4 salary shall not be increased or diminished during the term for which he
5 is elected. The council may, by a two thirds vote of all its members taken
6 by yeas and nays, establish a salary for its members not exceeding five
7 hundred dollars each. Such salary may be reduced, but no increase
8 therein shall be made to take effect during the year in which the increase
9 is voted.
1 Section 52. Upon the adoption of Plan A, all heads of departments Mayor may
2 and members of municipal boards, except the school committee, officials JTointments
3 appointed by the goxernor, and assessors if elected by vote of the people, firmrtion°°'
4 as their terms of office expire, shall be appointed by the mayor without n'jV^''^'
5 confirmation by the city council. 270 Mass. is5.
1 Section 53. In making his appointments the mavor shall sign and Certificates of
2 file with the city clerk a certificate in the following form: isis. 267,
Certificate of Appointment.
I appoint (name of appointee) to the position of (name of office), and I certify
that in my opinion he is a recognized expert in the work which will devolve upon
him, and that I make the appointment solely in the interest of the city.
Mayor.
3 or in the following form, as the case may be:
Certificate of Appointment.
I appoint (name of appointee) to the position of (name of office), and I certify
that in my opinion he is a person specially fitted by education, training or ex-
perience to perform tlie duties of said office, and that I make the appointment
solely in the interest of the city.
Mayor.
1 Section 54. The mayor may remove the heafl of a department or Removals.
2 member of a board by filing a written statement with the city clerk setting offi^re
3 forth in detail the specific reasons therefor, a copy of which shall be de- \l\'^^2l7'
4 livered or mailed to the person thus removed, who may make a written !'■ 5 9-
5 reply, which, if he desires, may be filed with the city clerk; but such
6 reply shall not affect the action taken unless the mayor so determines.
7 This section shall not apply to the school committee, or to officials ap-
8 pointed by the governor, or to assessors if elected by the people.
1 Section 55. Every order, ordinance, resolution and vote relative to Approval and
2 the affairs of the city, adopted or passed by the city council, shall be oFo°rder8"'et^c°'
3 presented to the mayor for his approval. If he approves it he shall sign n'f'io!^'
4 it; if he disapproves it he shall return it, with his written objections,
5 to the city council, which shall enter the objections at large on its records,
6 and again consider it. If the city council, notwithstanding such disap-
7 proval of the mayor, shall again pass such order, ordinance, resolution
8 or vote by a two thirds vote of all its members, it shall then be in force,
9 but such vote shall not be taken for seven days after its return to the
472
CITY CHARTERS.
[Chap. 43.
city council. Every such order, ordinance, resolution and vote shall be in 10
force if not returned by the mayor within ten days after it has been pre- 1 1
sented to him. This section shall not apply to budgets submitted under 12
section thirty-two of chapter forty-four or to appropriations by a city 1.3
council under section thirty-three of said chapter. 14
Plan B.
1915. 267,
HI, § 1.
PLAN B. — GOVERNMENT BY MAYOR AND COUNCIL ELECTED BY DISTRICTS
AND AT LARGE.
Section 56. The method of city government provided for in the
seven following sections shall be known as Plan B.
229 Mass. 147.
when plan
takes effect.
1915, 267,
in, § 2.
Section 57. Upon the adoption by a city of Plan B, it shall become 1
operative as provided in sections one to forty-five, inclusive. 2
231 Mass. 322.
Mayor,
election,
term. etc.
1915, 267,
III, §3.
Section 58. There shall be a mayor, elected by and from the qualified 1
voters of the city, who shall be the chief executive officer of the city. He 2
shall hold office for the term of two years from the first Monday in Jan- 3
uary following his election and until his successor is qualified. 4
City council,
election,
number, terms
of office, etc.
1915. 267,
HI. §4.
1922, 237, § 9.
Section 59. The legislative powers of the city shall be vested in a 1
city council. One of its members shall be elected by the council annually 2
as its president. In cities having more than seven wards, the city 3
council shall be composed of fifteen members, of whom one shall be 4
elected from each ward by and from the qualified voters of that ward, 5
and the remaining members shall be elected by and from the qualified 6
voters of the city. In cities ha^'ing seven wards or less, the city council 7
shall be composed of eleven members, of whom one shall be elected 8
from each ward by and from the qualified voters of that ward, and the 9
remaining members shall be elected by and from the qualified voters of 10
the city. 11
At the first regular municipal election held in a city after its adoption 12
of Plan B, except as otherwise provided in this section, the councillors 13
elected from each ward shall be elected to serve for one year, and those 14
elected at large shall be elected to serve for two j'ears, from the first 15
Monday in January following their election and until their successors 16
are qualified; and at each regular municipal election thereafter the 17
councillors elected to fill vacancies caused by the expiration of the terms 18
of councillors sliall be elected to serve for two years. 19
If the plan adopted provides for elections to be held biennially, at the 20
first regular municipal election held under the provisions of such plan 21
and at each biennial election thereafter, all the councillors whether elected 22
at large or by wards shall be elected to serxe for two years from the first 23
day of January following their election and until their successors are 24
qualified. 25
Appointments
by mayor
subject to
confirmation.
1915. 267,
HI. § 5.
1916, 99, § 2.
Section 00. Upon the adoption of Plan B, all heads of departments
and members of municipal boards, except the school committee, officials
appointed by the go\'ernor, and assessors if elected by the people, as
their terms of office expire, shall be appointed by the mayor, subject to
confirmation by the city council; but the cit.\- solicitor shall be ap])ointed,
and may be removed, by the mayor, without confirmation by the city
Chap. 43.] city charters. 473
7 council. This section shall apply to the city solicitor in office when
S I^ian 1? becomes operative.
1 Section 61. The mayor may, with the approval of a majority of the Removals, etc.
2 members of the city council, remove the head of a department or mem- iii.'s o. '
'A ber of a board before the expiration of his term of office, except members 229 Maaa! 147!
4 of the school committee, officials appointed by the jjovernor, and assessors
5 if elected by the people. The person so removed shall receive a copy
6 of the reasons for his removal, and he may, if he desires, contest the
7 same before the city council. He may be represented by counsel at
8 the hearing.
1 Section 62. The mayor shall receive for his services such salary as Saianea.
2 the city council by ordinance shall determine, not exceeding five thousand m, § 7. '
3 dollars, and shall receive no other compensation from the city. His salary 228\iS3: 249.
4 shall not be increased or diminished during the term for which he is Igg ^m g"-
5 elected.
6 The council may, by a two thirds vote of all its members, taken by
7 call of the yeas and nays, establish a salary for its members not exceed-
8 ing five hundred dollars each. Such salary may be reduced, but no in-
9 crease therein shall be made to take effect during the year in which the
10 increase is voted; provided, that the initial establishment of such salary
1 1 after the adoption of Plan B may take effect in the year when established
12 and in accordance with the vote establishing the same.
1 Section 63. Section fifty-five shall apply to cities which adopt Approval by
^ X Ian x5 . orders, etc.
1915, 267, III, § 8. 225 Mass. 104. 231 Mass. 322.
PLAN C. — commission FORM OF GOVERNMENT.
1 Section 64. The method of city government provided for in the Pianc.
2 fourteen following sections shall be known as Plan C. iv!*§ i^^'
1 Section 65. Upon the adoption by a city of Plan C, it shall become when plan
2 operative as provided in sections one to forty-five, inclusive. ^''^^ *^'"^''
1 Section 66. The government of the city and the general manage- city council
2 ment and control of all of its affairs shall be vested in a city council, 'ng''bod°y!"'''
3 which shall be elected and shall exercise its powers in the manner herein- {y'^j |^^'
4 after set forth; except that the general management and control of the
5 public schools of the city and of the property pertaining thereto shall
6 be vested in the school committee.
1 Section 67. The city council shall consist of the following five mera- Members to
2 bers: a mayor, who shall be the commissioner of administration; a com- partm/nTai
3 missioner of finance; a commissioner of health; a commissioner of public 59i5™267°°^"'
4 works and a commissioner of public property. Each commissioner i^' 5 3-
5 shall have charge of the department of city affairs indicated by his official
6 title, except as to the affairs and property of the city which are within
7 the jurisdiction of the school committee. All of these officers shall be
8 elected by and from the qualified voters of the whole city for terms of
9 two years, except as hereinafter provided.
474
CITl' CHARTERS.
[Ch.\p. 43.
Terms of
office.
1015, 267,
IV, § 4.
1922, 237,
In case of a difference of opinion as to the departments to be in charge 10
of any one or more of the commissioners, the matter shall be determined 11
by vote of a majority of all the commissioners. 12
Section 6S. The terms of office of the members of the council shall 1
commence at ten o'clock in the forenoon of the first Monday in January 2
1 10. following their election and shall be for two years each, and until their 3
successors are qualified; provided, that, if the plan adopted provides for 4
elections to be held annually, the terms of office of the commissioner of 5
administration, of the commissioner of finance and of the commissioner of 6
health elected at the first regular election held under such plan shall be 7
for two years, and the terms of office of the commissioner of public S
works and of the commissioner of public property so elected shall be for 9
one year. 10
Organization,
etc.
1915, 267,
IV. § 5.
Meetings.
1915, 267,
IV. § 6.
Section 69. The city council elected as aforesaid shall meet at ten 1
o'clock in the forenoon on the first Monday of January in each year, and 2
the members of the city council whose terms of office then begin shall 3
severally make oath, before the city clerk or a justice of the peace, to per- 4
form faithfully the duties of their respective offices. The city council 5
shall thereupon be organized by the choice of a president, who shall hold 6
his office during the pleasure of the city council. The president of the 7
city council shall be any member thereof, except the mayor. The organ- 8
ization of the city council shall take place as aforesaid, notwithstanding 9
the absence, death, refusal to serve, or non-election of the mayor or of 10
one or more of the four other members; provided, that at least three of 11
the persons entitled to be members of the city council are present and 12
make oath as aforesaid. Any member-elect, not present at the time 13
fixed therefor, may make oath at any time thereafter. 14
Section 70. The city council shall fix suitable times for regular 1
meetings. The mayor, the president of the city council or any two mem- 2
bers thereof may at any time call a special meeting by causing a written 3
notice, stating the time of holding such meeting and signed by the per- 4
son calling the same, to be delivered in hand to each member, or left at 5
his usual dwelling place, at least six hours before the time of such meet- 6
ing. Meetings of the city council may also be held at any time when all 7
the members of the council are present and consent thereto. 8
Meetings to
be public.
City clerk,
duties, etc,
1915, 267,
IV. § 7.
Section 71. A majority of the members of the city council shall
constitute a quorum. Its meetings shall be public, and the mayor, if
present, shall preside and may vote. In the absence of the mayor the
president of the city council shall preside, and in the absence of both, a
temporary chairman shall be chosen. The city clerk shall be, ex officio,
clerk of the city council, and shall keep records of its proceedings; but in
case of his temporary absence, or of a vacancy in the office, the city
council may elect by ballot a temporary clerk, who shall be sworn to the 8
faithful disciiarge of his duties and may act as clerk of the city council 9
until a city clerk is qualified. All final votes of the city council involving 10
the expenditure of fifty dollars or more shall be by yeas and nays and be 11
entered upon the records. On the request of one member any vote shall 12
be by yeas and nays and be entered upon the records. The affirmative 13
vote of at least three nu-mbers shall be necessary for the passage of any 14
order, ordinance, resolution or vote. 15
Chap. 43.] city cii.\rters. 475
1 Section 72. The city council sliall have and exercise all the legisla- Powers
2 tive powers of the city, excejjt as svicli powers are reserved to the sc1h)()1 iv,'§8. '
3 committee and to the qualified xoters of the city herein aiul in sections
4 one to forty-five, inclusive, and the city council and its members shall,
5 severally or collectively, have and possess, and shall themsehes or
6 through such officers as they may elect or appoint, exercise all the other
7 powers, rights and duties had, i)ossessed or exercised, immediately prior
8 to the adoption of this plan, by the mayor, board of aldermen, common
9 council, and all other boards, commissions and committees of the city
10 and their members, severally or collectively, except such as are in sec-
11 tions one to forty-fi\e, inclusive, conferred upon the school committee,
12 or are otherwise provided for in sections sixty-four to seventy-eight,
13 inclusive.
1 Section 73. In legislative session, the city council shall act by ordi- Methods of
2 nance, resolution, order or vote. ifli's.'se?.
3 The veas and navs shall be taken upon the passage of all ordinances U' ^ °.
, 1 . I , . , . , T ^^^ ^°o nay
4 and resolutions, and entered upon the journal of its proceedings. Upon ™te.
5 request of any member, the yeas and nays shall be taken and recorded
6 upon any order or vote. Every ordinance, resolution, order or vote
7 passed by the city council shall, except as is hereinafter provided, require
8 on final passage the affirmative vote of a majority of the members of the
9 city council.
10 All votes making appropriations of money or authorizing loans shall Appropriations.
11 be in itemized form. itemized.
1 Section 74. The mayor shall be the chief executive officer of the Mayor to be
2 city, commissioner of administration and, ex officio, chairman of the tiv'l officer.'
3 school committee. When present, he shall preside at all meetings of mayor^'^""^
4 the city council and of the school committee and at all joint conventions {v^^j i^ '
5 thereof.
6 He may vote on all questions coming before the city council, but shall
7 have no power of veto.
8 He shall have such other duties, rights and powers as may be provided
9 by ordinance, not in conflict with this chapter.
10 During the absence or inability of the mayor to act, the commissioner
1 1 of finance shall, as acting mayor, assume the duties and exercise all the
12 rights and powers of the mayor. In the absence or inability so to act of
13 the commissioner of finance the city council may select another com-
14 missioner from their number to perform the duties of acting mayor.
1 Section 75. All executive and administrative powers, authorities Distribution
2 and duties, not otherwise provided for in this chapter, shall be assigned powers by "
3 to a suitable department by the city council by ordinance, and changes Drterniination
4 in the assignments may be made by ordinance by the affirmative vote iQii^'-zej^'
5 of three members of the city council, or by the qualified voters of the ^'^- § "■
6 city upon initiative petition.
7 The city council shall determine the policies to be pursued and the
8 work to be undertaken in each department, but each commissioner shall
9 have full power to carry out the policies or to have the work performed in
10 his department as directed by the city council.
1 Section 76. Each commissioner may, except as is otherwise pro- Heads of
2 vided herein, appoint a qualified person to serve as the head of each of ero^^appdnt-
476
CITi' CIL^RTERS.
[Ch.\p. 43.
ments and
removals.
1915. 267,
IV, § 12.
the departments under his charge and may remove him for cause stated 3
in the order of removal. All appointments and removals so made shall 4
be subject to confirmation by the city council. The employees in each 5
department shall be appointed and removed by the head of that depart- 6
ment. This section shall not affect the laws governing the civil service. 7
Records of
departments
to be kept.
1915, 267,
IV. § 13.
Section 77. Each of said commissioners shall keep a record book 1
in which shall be recorded a brief but clear and comprehensive record 2
of all affairs of the department under his charge as soon as performed, 3
and shall quarterly render to the city council a full report of all operations 4
of his department, and shall annually, and oftener if required by the 5
city council, make a synopsis thereof for publication. All such records 6
shall be open to public inspection. The city council shall provide for the 7
publication of such annual or other reports, and of such parts of the 8
quarterly reports, or of such other information regarding city affairs as 9
it may deem advisable. 10
Salaries.
1915. 267,
IV, § 14.
Section 78. The mayor shall receive for his services such salary as 1
the city council shall by ordinance determine, not exceeding five thou- 2
sand dollars, and he shall receive no other compensation from the city. 3
His salary shall not be increased or diminished during the terra for 4
which he is elected. The council may, by a vote of not less than three 5
members taken by yeas and nays, establish a salary for its members, not 6
exceeding four thousand dollars each. Such salary may be reduced, but 7
no increase therein shall be made to take effect until the municipal year 8
succeeding that in which the vote establishing the salary is passed. 9
Plan D.
1915, 267,
V, § 1.
PLAN D. — MAYOR, CITY COUNCIL AND CITY MANAGER.
Section 79. The method of city government provided for in the
thirteen following sections shall be known as Plan D.
when plan
takes effect.
1915, 267,
V, §2.
1920, 337, § 4.
Section 80. Upon the adoption by a city of Plan D, it shall become 1
operative as provided in sections one to forty-five, inclusive; provided, 2
that any city government under the provisions of Plan D on April 3
twenty-second, nineteen hundred and twenty, which did not accept 4
chapter three hundred and thirty-seven of the acts of nineteen hundred 5
and twenty at its next municipal election, shall continue to be governed 6
under said provisions, as existing on said date, until its method of govern- 7
ment is changed in accordance with law. 8
City council
and mayor to
be governing
body.
1915, 267,
V, 5 3.
1920, 337, § 1 .
Section 81. The government of the city and the general manage-
ment and control of all its affairs shall be vested in a mayor and a city
council, who shall be elected and shall exercise their powers in the manner
hereinafter set forth, subject to sections one to forty-five, inclusive; ex-
cept that the city manager shall have the authority hereinafter specified,
and that the general management and conduct of the public schools of
the city and of the property pertaining thereto shall be vested in the
school committee.
Members,
election,
term. etc.
1915. 267,
V, §§4.9.
1920. 337,
§§2. 3.
1922. 237, § 11.
Section 82. The city council shall consist of four members and the 1
mayor, to be elected by and from the qualified voters of the city for terms 2
of two years and until their successors are elected and qualified ; provided, 3
that if the plan adopted provides for elections to be held annually, the two 4
Chap. 43.] city cn.\RTERS. 477
5 candidates for the city council having the highest number of votes at the
6 first regular election held under such phm shall serve for two years and the
7 two candidates for the city council having the next highest number of
8 votes shall serve for one year. If the office of mayor becomes vacant, the
9 remaining members of the council shall choose from their own number his
10 successor for the unexpired term.
1 Section 83. All the legislative powers of the city shall be vested Organisation,
2 in the city council. The city council elected as aforesaid shall meet \^^t^^^'
3 at ten o'clock in the forenoon on the first Monday of January in each
4 year, and the members of the city council whose terms of office then
5 begin shall severally make oath before the city clerk, or a justice of the
6 peace, to perform faithfully the duties of their respective offices. The
7 city council shall thereupon be organized by the choice of a president,
8 who shall hold his office during tiie pleasure of the city council. The
9 president of the city council shall be any member thereof, except the
10 mayor. The organization of the city council shall take place as afore-
11 said, notwithstanding tiie absence, death, refusal to serve, or non-election
12 of one or more of the members; provided that at least three of the
13 persons entitled to be members of the city council are present and
14 qualified. Any member-elect, not present at the time fixed therefor,
15 may make oath at any time thereafter.
1 Section 84. The city council shall fix suitable times for its regular Time for
2 meetings. The mayor, the president of the city council or any two 'i9T5,'267,
3 members thereof may at any time call special meetings by causing written ^- ^ ^■
4 notices, stating the time of holding such meetings and signed by the
5 persons calling the same, to be delivered in hand to each member, or left
6 at his usual dwelling place, at least six hours before the time of such
7 meetings. Meetings of the city council may also be held at any time
8 when all the members of the council are present and consent thereto.
1 Section 85. A maiority of the members of the citv council shall Meetings to
2 constitute a quorum. Its meetings shall be public, and the mayor, it Records etc.
3 present, shall preside and may vote. In the absence of the mayor the v, §'7.
4 president of the city council shall preside, and in the absence of both,
5 a temporary president shall be chosen. The city clerk shall be, ex officio,
6 clerk of the city council, and shall keep records of its proceedings; but
7 in case of his temporary absence, or of a vacancy in the office, the city
8 council may elect by ballot a temporary clerk, who shall be sworn to the
9 faithful discharge of his duties and may act as clerk of the city council
10 until a city clerk is qualified. All final votes of the city council involving
1 1 the expenditure of fifty dollars or more shall be by yeas and nays and be
12 entered on the records. On the request of one member any vote shall
13 be by yeas and nays and be entered upon the records. The affirmative
14 vote of at least three members siiall be necessary for the passage of any
15 order, ordinance, resolution or vote.
1 Section 86. Vacancies in the city council shall be filled by the coun- vacancies.
2 cil for the remainder of the unexpired term. v, §8. '
1 Section 87. The mayor shall be the official head of the city. He Mayor.
2 shall have no power of veto, but shall have the same power as the other 1915^267,
3 members of the council to vote upon all measures coming before it. i92o,''337, § 3.
478
CITY CIL\RTERS.
[CllAP. 43.
Salaries.
1915, 267,
V, § 10.
1929, 309.
Section 88. The mayor shall receive for his services such salary as 1
the city council shall by ordinance determine, not exceeding three thou- 2
sand dollars, and shall receive no other compensation from the city. His 3
salary shall not be increased or diminished during the term for which he is 4
elected. 5
The council may by a vote of not less than three members, taken by 6
yeas and nays, establish a salary for its members, not exceeding seven 7
hundred and fifty dollars each. Such salary may be reduced, but no 8
increase therein shall be made to take effect during the year in which the 9
increase is voted. Notwithstanding the foregoing provisions of this 10
section, the initial establishment of the salaries of the mayor and other 1 1
city councillors after the adoption of Plan D may take effect in the year 12
when established and in accordance with the vote establishing the same. 13
city manager.
1916. 267,
V, 5 11.
Section 89. The city council shall appoint a city manager, who .shall 1
be the administrative head of the city government and shall be responsi- 2
ble for the administration of all departments. He shall be appointed 3
with regard to merit only, and need not be a resident of the city when 4
appointed. He shall hold office during the pleasure of the city council 5
and shall receive such compensation as it shall fix by ordinance. 6
Powers and
duties of city
manager.
1915, 267,
V, § 12.
Section 90. The city manager shall be the administrative head of 1
the city government, see that within the city the laws of the common- 2
wealth and the ordinances, resolutions and regulations of the council are 3
faithfully executed, attend all meetings of the council, and recommend 4
for adoption such measures as he shall deem expedient, make reports to 5
the council from time to time upon the affairs of the city, keep the council 6
fully advised of the city's financial condition and its future financial 7
needs and appoint and remove all heads of departments, superintendents 8
and other employees of the city. 9
Appointments
and removals.
1915, 267,
V, § 13.
Section 91. Such city officers and employees as the council shall
determine are necessary for the proper administration of the city shall
be appointed and may be removed by the city manager, who shall report
every such appointment and removal to the council at the next meeting
thereof following any such appointment or remo\al.
Regulations.
1915, 267,
v. § U.
Section 92. The oflScers and employees of the city shall perform the 1
duties required of them by the city manager, under general regulations 2
of the city council. 3
ClL\P. 43A.] REPRESENTATIVE TOWN MEETING GOVERNMENT.
479
CHAPTER 43A.
STANDARD FORM OF REPRESENTATIVE TOWN MEETING
GOVERNMENT.
Sect.
general provisions.
1. standard form, adoption by certain
towns authorized.
2. Procedure.
STANDARD FORM.
3. Voting precincts. Establishment: re-
vision; procedure. Meetings of
voters regulated. Certain laws
applicable.
4. Elected town meeting members.
5. Representative town meetings. Pro-
cedure. Resignations, etc., of mem-
bers.
Sect.
6. Nominations.
7. Action on articles in warrant.
8. Moderator; moderator pro tempore.
9. Vacancies in membership, how filled.
10. Certain votes subject to referendum.
Procedure.
Authority to continue to act by repre-
sentative town meetings. Effect of
such action.
Right to hold general meetings not
abridged. Limitation upon powers
of representative town meetings.
11
1 Section 1.
GENERAL PROVISIONS.
Any town in which there has been con.stituted and estab- standard
2 lished a form of representative town meeting government under a special {"vrertain""""
3 statute, enacted in conformity with the provisions of the constitution fhoHzed"'
4 of the commonwealth, may in substitution therefor adopt the standard '^^i, 3i4.
5 form of representative town meeting government provided by sections
6 three to twelve, inclusive.
1 Section 2. FWe per cent of the registered voters of any such town Procedure.
2 may, not less than ninety days before its annual town meeting, file with ^^^^' ^^*'
3 the selectmen a petition that there be submitted to the voters of the
4 town the matter of the acceptance of such standard form of representa-
5 tive town meeting government. The selectmen shall thereupon direct
6 the town clerk to cause to be printed on the official ballot used for the
7 election of town officers at such meeting substantially the following
8 question : Shall the town adopt the standard form of represen-
9 tative town meeting government provided by chapter forty-
10 three A of the General Laws? If a majority of the votes '
11 cast thereon are in the affirmative such standard form shall thereupon
12 become effective in such town, and the acceptance by the town of the
1.3 special statute under which it was theretofore governed shall be deemed
14 to be revoked by such vote; provided, that the town meeting members
15 elected at such election or in office under the provisions of such special
IG statute shall, except as otherwise provided therein, remain in office
17 until the next annual town election.
YES.
NO.
STANDARD FORM.
1 Section 3. Upon the adoption as aforesaid of such standard form voting
2 of representative town meeting government by a town, its selectmen iSabUshment;
3 shall forthwith divide the territory thereof into voting precincts, each of p^rocedure.
4 which shall be plainly designated and shall contain not less than four Mfti"Bs of
5 hundred registered voters. The precincts shall be so established as lated.
480
REPRESENTATIVE TOWN MEETING GOVERNMENT. [ChaP. 43A.
Certain laws
applicable.
1931, 314.
to consist of compact and contiguous territory to be bounded, as far as 6
possible, by the center line of known streets and ways or by other well- 7
defined limits. Their boundaries shall be reviewed, and, if need be, 8
wholly or partly revised, by the selectmen in December, once in five 9
years, or in December of any year when so directed by a vote of a rep- 10
resentative town meeting held not later than November twentieth of 11
that year. 12
The selectmen shall, within ten days after any establishment or re- 13
vision of the precincts, file a report of their doings with the town clerk, 14
the registrars of voters and the assessors, with a map or maps or descrip- 1.5
tion of the precincts and the names and residences of the registered 16
voters therein. The selectmen shall also cause to be posted in the 17
town hall a map or maps or description of the precincts as established or 18
revised from time to time, with the names and residences of the registered 19
voters therein; and they shall also cause to be posted in at least one 20
public place in each precinct a map or description of that precinct, 21
with the names and residences of the registered voters therein. The 22
division of the town into voting precincts and any revision of such pre- 23
cincts shall take effect ujjon the date of the filing of the report thereof 24
by the selectmen with the town clerk. Whenever the precincts are 25
established or revised, the town clerk shall forthwith give written notice 26
thereof to the state secretary, stating the number and designation of the 27
precincts. Meetings of the registered voters of the several precincts 28
for elections, for primaries, and for voting upon any question to be 29
submitted to all the registered voters of the town, shall be held on the 30
same day and at the same hour and at such place or places within the 31
town as the selectmen shall in the warrant for such meeting direct. The 32
provisions of chapters fifty to fifty-six, inclusive, relating to jjrecinct 33
voting at elections, so far as the same are not inconsistent with this 34
chapter, shall apply to all elections and primaries in the town upon the 35
establishment of voting precincts as hereinbefore provided. 36
Elected town
meeting
members.
1931, 314.
Section 4. Other than the officers designated in the by-laws of the 1
town as town meeting members at large, the representative town meet- 2
ing membership shall in each precinct consist of the largest number 3
divisible by three which will admit of a representation thereof in the 4
approximate proportion which the number of registered voters therein 5
bears to the total number of registered voters in the towm, and which 6
will cause the total membership to be as nearly two hundred and forty 7
as may be. 8
The registered voters in every precinct shall, at the first annual town 9
election held after the establishment of such precinct, and the registered 10
voters of any precinct affected by any revision of precincts at the first 11
annual town election following such revision, conformably to the laws 12
relative to elections not inconsistent with this chapter, elect by ballot 13
the number of registered voters in the precinct, other than the officers 14
designated in the by-laws as town meeting members at large, provided 15
for in the first sentence of this section, to be town meeting members of 16
the town. The first third, in the order of votes received, of memliers so 17
elected shall serve three years, the second third in such order shall serve 18
two years, and the remaining third in such order shall serve one year, 19
from tiie day of the annual town meeting; in case of a tie vote affecting 20
the division into thirds, as aforesaid, the members elected from the pre- 21
cinct shall by ballot determine the same; and thereafter, except as is 22
Chap. 43A.] hepresentative town meeting government. 481
2.3 otherwise provided herein, at each annual town election the registered
24 voters of each precinct shall, in like manner, elect, for the term of three
25 years, one tliinl of the number of elected town meetinrc members to
26 which such precinct is entitled, and shall at such election fill for the
27 unexpired term or terms any vacancy or vacancies then existing in the
28 number of elected town meeting members in such precinct.
29 The terms of office of all elected town meeting members from every
30 precinct revised as aforesaid shall cease upon the election as herein-
31 before provided of their successors. The town clerk shall, after every
32 election of town meeting members, forthwith notify each such member
33 by mail of his election.
1 Section 5. Any representative town meeting held under the provi- Representative
2 sions of this chapter, except as otherwise provided herein, shall be lim- Procedure.
3 ited to the town meeting members elected under section four, together etal'oT"""'
4 with such town meeting members at large as may be pro\-ided for by JgaT.^'lii.
5 the by-laws of the town.
6 The town clerk shall notify the town meeting members of the time
7 and place at which representative town meetings are to be held, the
8 notices to be sent by mail at least seven days before the meeting. The
9 town meeting members, as aforesaid, shall be the judges of the election
10 and qualifications of their members. A majority of the town meeting
11 members shall constitute a quorum for doing business; but a less num-
12 ber may organize temporarily and may adjourn from time to time, but
13 no town meeting shall adjourn over the date of an election of town meet-
14 ing members. All town meetings shall be public. The town meeting
1.5 members as such shall receive no compensation. Subject to such condi-
16 tions as may be determined from time to time by the members of the
17 representative town meeting, any registered voter of the town who is
18 not a town meeting member may speak at any representative town
19 meeting, but shall not vote. A town meeting meml^er may resign by
20 filing a written resignation with the town clerk, and such resignation
21 shall take effect on the date of such filing. A town meeting member
22 who removes from the town shall cease to be a town meeting member,
23 and a town meeting member who removes from the precinct from which
24 he was elected to another precinct may serve only until the next annual
25 town meeting.
1 Section 6. Nomination of candidates for town meeting members to Nominations.
2 be elected under this chapter shall be made by nomination papers, which
3 shall bear no political designation, sliall be signed by not less than ten
4 voters of the precinct in which the candidate resides, and shall be filed
5 with the town clerk at least ten days before the election; provided, that
6 any toTvn meeting member may become a candidate for re-election by
7 giving WTitten notice thereof to tlie town clerk at least thirty days before
8 the election. No nomination papers shall be valid in respect to any
9 candidate whose written acceptance is not thereon or attached thereto
10 when filed.
1 Section 7. The articles in the warrant for every town meeting, so Action on
2 far as they relate to the election of the moderator, town officers and warrant.
3 town meeting members, and as herein provided, to referenda, and all
4 matters to be acted upon and determined by ballot, shall be so acted
5 upon and determined by the registered voters of the town in their
482
REPRESENTATIVE TOWN MEETING GO\'ERNMENT. [ClL\P. 43A.
respective precincts. All other articles in the warrant for any town G
meeting shall be acted upon and determined exclusively by town meet- 7
ing members at a meeting to be held at such time and place as shall be 8
set forth by the selectmen in the warrant for the meeting, subject to 9
the referendum provided for by section ten. 10
Moderator;
moderator
pro tempore.
1931. 314.
Section 8. A moderator shall be elected by ballot at each annual 1
town meeting, and shall serve as moderator of all town meetings, except 2
as otherwise provided by law, until a successor is elected and quaUfied. 3
Nominations for and election of a moderator shall be as in the case of 4
other elective town officers, and any vacancy in the office may be filled 5
by the town meeting members at a meeting held for that purpose. If 6
a moderator is absent, a moderator pro tempore may be elected by the 7
town meeting members. 8
Vacancies in
membership,
how filled.
1931, 314.
Section 9. Any vacancy in the full number of town meeting mem-
bers from any precinct, whether arising from a failure of the registered
voters thereof to elect, or from any other cause, may be filled, until the
next annual election, by the remaining members of the precinct from
among the registered voters thereof. Upon petition therefor, signed by
not less than ten town meeting members from the precinct, notice of
any vacancy shall promptly be given by the town clerk to the remaining
members from the precinct in which the vacancy or vacancies exist, s
and he shall call a special meeting of such members for the purpose of 9
filling such vacancy or vacancies. He shall cause to be mailed to every 10
such member, not less than five days before the time set for the meeting, 11
a notice specifying the object, time and place of the meeting. At the 12
said meeting a majority of the members from such precinct shall consti- 13
tute a quorum, and they shall elect from their own number a chairman 14
and a clerk. The choice to fill any vacancy shall be by ballot, and a 15
majority of the votes cast shall be required for a choice. The chairman 16
and clerk shall count the ballots and shall make a certificate of the 17
choice and forthwith file the same with the towh clerk, together with 18
a written acceptance by the member or members so chosen, who shall 19
thereupon be deemed elected and qualified as a town meeting mem- 20
ber or members, subject to the right of all the town meeting members 21
to judge of the election and qualifications of the members as set forth in 22
section five. 23
Certain votes
subject to
referendum.
l*rocedure.
1931, 314.
Section 10. A vote passed at any representative town meetmg
authorizing the expenditure of twenty thousand dollars or more as a
special appropriation, or establishing a new board or office or abolishing
an old board or office or merging two or more boards or offices, or fixing
the term of office of town officers, where sucli terra is optional, or in-
creasing or reducing the number of members of a board, or adopting a
new by-law, or amending an existing by-law, shall not be operative until
after the expiration of five days, exclusive of Sundays and holidays,
from the dissolution of the meeting. If, within said five days, a petition,
signed by not less than three per cent of the registered voters of the town,
containing their names and addresses as they appear on the listof 11
registered voters, is filed with the selectmen asking that the question 12
or questions involved in such a vote be submitted to the registered 13
voters of tlie town at large, then the selectmen, after the expiration of 14
1
2
3
4
5
6
7
8
9
10
Chap. 43A.] representative row^ meeting government. 483
I.') five days, shall forthwith call a special meeting for the sole purpose of
in presenting to the registered ^•oters at large the question or questions so
17 involved. The polls shall be opened at two o'clock in the afternoon
18 and shall be closed not earlier than eight o'clock in the evening, and all
19 votes upon any questions so submitted shall be taken by ballot, and the
20 check list shall be used in the several precinct meetings in the same
21 manner as in the election of town officers. The questions so submitted
22 shall be determined by a majority \ote of the registered voters of the
2:5 town voting thereon, but no action of the representative town meeting
24 shall be reversed unless at least twenty per cent of the registered voters
25 shall so vote. Each question so submitted shall be in the form of the
2() following question, which shall be placed upon the official ballot: —
27 "Shall the town vote to approve the action of the representative town
28 meeting whereby it was voted (brief description of the substance of the
29 vote)?" If such petition is not filed within said period of five days, the
,S0 vote of the representative town meeting shall become operative and
31 effective upon the expiration of said period.
1 Section 11. The town, after the acceptance of this chapter, shall ^o"„','i°[Je''Jo"'
2 continue to have the capacity to act through and to be bound by its ^2!:!llZ'''^"^
3 town meetmg members, who shall, when convened from tune to time towo meetings.
1..11 • • • liU Effect of
4 as herem provided, constitute representative town meetings; and the such action.
5 representative town meetings shall exercise exclusively, so far as will
6 conform to the provisions of this chapter, all powers vested in the mu-
7 nicipal corporation. Action in conformity with all provisions of law
8 now or hereafter applicable to the transaction of town aflFairs in town
9 meeting, shall, when taken by any representative town meeting in
10 accordance with the provisions of this chapter, have the same force and
1 1 effect as if such action had been taken in a town meeting open to all the
12 voters of the town as organized and conducted before the establishment
13 in said town of representative town meeting government.
1 Section 12. This chapter shall not abridge the right of the inhabit- f^f]"^"^^^,
2 ants of the town to hold general meetings, as secured to them by the meetings not
3 constitution of this commonwealth; nor shall this chapter confer upon Limitation
4 any representative town meeting in any town the power finally to com- oFrepresratl-
5 mit the town to any measure affecting its municipal existence or sub- meetings"
6 stantially changing its form of government without action thereon by ^^^^' ^^*-
7 the voters of the town at large, using the ballot and the check list
8 therefor.
484
MXTNICIPAL FINANCE.
[Chap. 44.
CHAPTER 44
MUNICIPAL FINANCE.
Sect.
definition.
1. Certain terms defined.
MUNICIPAL INDEBTEDNESS.
2. Municipal indebtedness regulated.
3. Computation of indebtedness.
4. Cities, towns and districts may bor-
row for one year in anticipation of
revenue.
6. Towns may borrow between January
1 and date of town meeting.
5A. Cities may borrow to meet certain
liabilities in anticipation of appro-
priations.
6. Cities and towns may borrow for tem-
por.ary loans for payment of land
damages, etc.
6A. Towns may borrow for highway pur-
poses in anticipation of state or
county reimbursement.
7. Purposes for which cities and towns
may borrow within the debt limit.
8. Purposes for which cities and towns
may borrow outside the debt limit.
9. When districts may borrow.
10. Debt limit.
11. Earlier payment of debts, etc.
12. City m.ay incur indebtedness for
water supply purposes.
13. Town officers may incur liabilities
between December 31 and next
appropriation.
LIABILITY FOR DEBTS.
14. Liability for lawful debts.
15. Cities, towns, etc., not to be exempt
from liability to pay debts con-
tracted under special acts, etc.
BONDS, NOTES AND CERTIFICATES OF IN-
DEBTEDNESS.
10. Issue of bonds, notes, etc.
17. Temporary loan may be made for
period not exceeding one year, etc.
18. Discount of notes.
19. Provision for payment of debts by
cities, towns and districts.
20. Proceeds of sale of bonds to be used
only for purposes specified, etc.
Premiums.
21. Issue of new securities for old. recalled
or paid. New, when payable.
22. Rate of interest.
•Sect.
form and certification of town and
district notes.
23. Director of accounts to issue book of
forms for town and district notes.
24. Issue of town and district notes.
24A. Such notes may be payable to
"bearer", when.
2.5. When note is paid, director to be no-
tified.
20. Fees to be charged by director and
paid into treasury.
27. Certification prima facie evidence.
REPORT OF BORnOWING.
28. Director to be informed of all munici-
pal loans, etc.
TAX LIMIT IN CITIES.
29. Tax limit in certain cities.
DEPARTMENT APPROPRIATIONS.
30. Department appropriations in certain
cities.
31. Liability not to be incurred in excess
of appropriation, etc.
BUDGET IN CITIES.
32. Mayors, etc., of certain cities to sub-
mit annual budgets, etc.
33. Failure of mayor or commissioner or
director of finance to recommend
appropriation.
33A. To include provisions for salaries of
officials, etc.
34. Expenditures in anticipation of ap-
propriations.
AUDITING.
35. Auditing of accounts of towns and
districts.
36. Auditing of accounts of cities.
37. Director to assist municipal account-
ing officers.
3S. Uniformity in municipal accounting.
39. Director to report result of audit to
city, town or district authorities.
40. Biennial, etc., audits of city and town
accounts. Preference to petitions.
41. Expenses of auditing, payment and
collection.
42. Report of local audit.
43. Returns and information to director.
Forms for accounting.
CiiAi'. 44.]
MUNICIPAL FINANCE.
485
Sect.
44. .^nnii.il report and bulletins of munic-
ipal statistics.
45. Witnesses, production of documents,
etc.
46. Destruction or .sale of old papers.
47.
48.
49.
50.
51.
52.
53.
SINKING FUNDS.
No new sinking funds. Existing
funds continiied.
Duties of sinking fund commissioners.
Investments.
Issue of new bonds to sinking fund
commissioners of cities.
[Repealed.]
Loans from state sinking funds not to
be made to certain cities and towns.
Registration of bonds, etc., held by
sinking fund commissioners.
MISCELLANEOUS PROVISIONS.
Department receipts to be paid into
treasury, etc.
Sect.
54.
55.
55A.
56.
57.
58.
59.
60.
61.
62.
63.
Investment of trust funds, etc.
Depo.sits of cities or towns limited.
Certain municip.al officers not liable
for lo.ss of public moneys by reason
of liquidation of certain deposi-
tories.
Financial year of towns. Returns.
Interest on certain debts to be paid
from taxes.
Cities not to pay for wines, liquors or
cigars.
Enforcement of chapter.
Penalty for \nolation of law relative
to town and district notes.
Penalty for refusal to issue non-nego-
tiable bond to sinking fund com-
missioners.
Penalties for violation of municipal
finance laws.
Application of proceeds of certain
sales of real estate.
DEFINITIONS.
1 Section 1. In this chapter, unless the context otherwise requires,
2 the following words shall have the following meanings:
3 "Revenue", receipts from taxes and income from all other sources.
4 "Director", director of accounts in the department of corporations
5 and taxation.
6 "Majority vote" and "two thirds vote", as applied to towns or
7 districts, the vote of a majority or two thirds, respectively, of the voters
S present and voting at a meeting duly called, and, as applied to cities,
9 the vote taken by \eas and na>s of a majority or of two thirds, as the
10 case may require, of all the members of each branch of the city govern-
1 1 ment where there are two branches, or of all the members where there
12 is a single branch of the city government, or of a majority or two thirds
13 of the commissioners where the city government consists of a commis-
14 sion; and in every case subject to the approval of the mayor, where such
15 approval is required by the charter of the city.
16 "Town" shall not include city.
Certain terms
defined.
1913, 719, § 2.
1914, 14.3, § 1.
1919. 3.50,
5§ 54, 113.
1931, 394, § 10.
MUNICIPAL INDEBTEDNESS.
1 Section 2. Except in Boston and except as otherwise expressly Municipal
2 permitted by law, cities and towns shall incur debts only in the manner regSiat^ed"*^^
3 of voting and within the limitations as to amount and time of payment r s^M^tf i. 7.
4 prescribed in this chapter; but this section shall not be construed as j^jj';!'''
5 prohibiting any city, town or district from placing additional restrictions, ^^^f-^%
6 consistent with this chapter, upon the manner of incurring debt, nor as i^l^^j^^^e. ^h
7 affectina; the right of any citv, town or district to incur debt under any i op. a. g. 6.5.
8 special act which has or shall become effective after January first, nine-
9 teen hundred and twenty-one; but no debt may be authorized under a
10 special act except by a two thirds vote, unless the act so provides.
1 Section 3. The indebtedness of a city or town for a specific pur- Computation
2 pose shall be its net indebtedness, which shall be the total indebted- ness.
3 ness for that purpose after deducting the amount of sinking funds §|o,'io. "
486
MUNICIPAL FINANCE.
[ClIAP. 44.
1880,32 applicable to the same. The indebtedness to which the debt limit im- 4
1883, 127. ' posed by section ten shall be applied shall be the total net indebtedness 5
ci 2,'/ 522, ' of the city or town after excluding debts exempted from the operation 6
5'*'^'*- of said section. 7
1895, 164.
R. L. 8, §5, cl. 12; 27, §1
218 Mass. 101.
1 Op. A. G. 65.
Cities, towns
and districts
may borrow
for one year
in anticipation
of revenue.
1875, 209, § 2.
P. S. 29. § 6.
1885, 312, § 4.
1889, 372.
1891, 221.
1893, 23.
R. L. 27, § 6.
1913, 719,
§§1,3.
1914, 143, § 2.
1918, 26, § 1;
257, § 159.
1919, 5.
1920, 2.
3 Op. A. G.
327, .342.
4 Op. A. G.
149.
Section 4. Cities, towns and fire, water, light and improvement 1
districts may, by a majority vote, incur debt for temporary loans in 2
anticipation of the revenue of the financial year in which the debt is 3
incurred and expressly made payable therefrom by such vote, and may 4
issue notes therefor to an amount which for cities and towns shall not 5
exceed in the aggregate the total tax levy of the preceding financial year, 6
together with the bank, corporation, street railway and income tax re- 7
ceived during the preceding financial year, exclusive of special or addi- 8
tional assessments or revenue from any other source except payments 9
made by the commonwealth in lieu of taxes on account of property 10
taken for institutions or for metropolitan district purposes. Such notes 11
shall be payable, and shall be paid, not later than one year from their 12
date, and shall not be renewed or paid by the issue of new notes, except 13
as provided in section seventeen. 14
Towns may
borrow
between
January 1
and date of
town meeting.
1915, 83,
§§1,2.
1918, 25, § 1.
Section 5. To provide necessary funds to meet liabilities authorized 1
by section thirteen, the towTi treasurer, with the approval of a majority 2
of the selectmen, may borrow on notes of the town during any one month 3
between January first and the next annual town meeting a sum not ex- 4
ceeding one twelfth of the amount obtained by adding the previous tax 5
levy and the sum received from the commonwealth during the preced- 6
ing year on account of the income tax. The amount so borrowed shall 7
be deemed a part of the amount which may be borrowed under the pre- 8
ceding section. Said notes shall be subject to certification, in accordance 9
with law, by the director, who shall furnish a statement certifying 10
to the amount of the tax levy of the preceding year as filed with the 11
commissioner of corporations and taxation by the assessors, and they 12
shall not be renewed or paid by the issue of new notes except as provided 13
in section seventeen. 14
Cities may
borrow to _
meet certain
liabilities in
anticipation of
appropriations.
1922, 28.
1923, 359, § 1.
Cities and
towns may
b(jrrow for
temporary
loans for pay-
ment of land
damages, etc.
Section 5A. To provide the necessary funds to meet liabilities 1
authorized by section thirty-four, the treasurer of a city, with the ap- 2
proval of the official whose approval is required by the city charter in the 3
borrowing of money, may borrow on notes of the city, during any one 4
month between the beginning of the financial year and the time when the 5
revenue loan order shall become finally effective and any period for filing 6
a petition for a referendum thereon shall have expired, a sum not exceed- 7
ing one twelfth of the amount obtained by adding the previous year's 8
tax levy to the sum received from the commonwealth on account of the 9
income tax during the preceding year. The amount so borrowed shall be 10
deemed a part of the amount which may be borrowed under section four. 11
The provisions of city charters relative to loan orders shall not otherwise 12
apply to loans issued under this section. 13
Section 6. Cities and towns may, by a majoritj' vote, incur debt for 1
temporary loans for the payment of land damages or any proportion of 2
the general expenses of altering a grade crossing which they are required 3
primarily to pay, or any proportion of the expense of constructing a high- 4
Chap. 44.] municipal fin.ajjce. 487
5 way in anticipation of reimbursement by the commonwealth or county, i892, i78.^ ^
6 such reiniburscment first havini; been agreed upon by the department of ms. 7i9,
7 pubHc works or county commissioners, and may issue notes therefor for a lois. 26, § 2.
8 period not exceeding one year from their date; and wiien any money so ^®^'' ^^*' ^ '^•
9 paid is repaid to the municipaHty, it shall be applied to the discharge of
10 the loan. Notes issued under this section shall not be renewed or paid
1 1 by the issue of new notes, except as provided in section seventeen.
1 Section GA. If a town has appropriated a sum of money for the pur- xownsmay
2 pose of constructing or repairing a highway, to be used with a sum or sums highwaypur-
3 allotted by the department of public works or the county commissioners antfcipation of
4 or by both, and is required primarily to pay that proportion of the expense refmbureeS.
5 for which reimbursement is to be received from the commonwealth or JglJ; fgl; § 12.
6 county or both, such reimbursement first having been agreed upon by
7 said department or the county commissioners, for the purpose of provid-
8 ing the necessary funds to meet the ex-pense for which reimbursement is
9 to be made the treasurer of the town may, with the approval of the
10 selectmen, incur debt outside the debt limit and issue notes therefor for a
11 period not exceeding one year from their dates; and the proceeds of such
12 reimbursement shall be applied to the discharge of the loan.
1 Section 7. Cities and towns may incur debt, within the limit of l!h\ohfilieJ
2 indebtedness prescribed in section ten, for the following purposes, and ^at*borrow
3 payable within the periods hereinafter specified, but, except as to the ^''^"^t limit.
4 eleventh clause, no loan shall be authorized in any year under any one of i^'3.^7i9,
5 the following clauses unless a sum equal to twenty-five cents on each one 1923, 33s.
6 thousand dollars of the assessed valuation of the city or town for the pre- ioti] i64.
7 ceding year has been appropriated from available revenue funds or voted ISp.A.G.^li.
8 to be raised by taxation for the purposes set forth in such clause in the
9 year when the loan is authorized :
10 (1) For the construction of sewers for sanitary and surface drainage p-S-29. §s.
,. 11- ISyJ, 240, 9 D.
11 purposes and for sewage disposal, thirty years.
R. L. 27, § U. 1903, 375. 1913, 719, § 5, subs. 1.
12 (2) For acquiring land for public parks or playgrounds or public 1882, 154, § 9;
13 domain under chapter forty-five, thirty years; but no indebtedness 1893, 225, § 3.
14 incurred for public domain shall exceed one half of one per cent of the last ^s.^mo, 21,^'
1.5 preceding assessed valuation of the city or town. ^^■
1903, 375. 1915, 162, § 1.
1908, 341, § 3. G. L. (ed. of 1920) 44, § 8.
1913, 564, §§ 1, 5; 719, § 5, 1928, 324.
subs. 2, § 6, subs. 5. 258 Mass. 115.
16 (3) For acquiring land for any purpose for which a city or town is or i894, 221.^ ^^
17 may hereafter be authorized to acquire land, not otherwise specifically i903,' 375.
18 provided for; for the construction of buildings which cities or towns are subs.' 3, 4!
19 or may Jiereafter be authorized to construct; or for additions to such {gig; 6i,''§y'
20 buildings where such additions increase the floor space of said buildings, q^^a.^g.^' ^^'
21 including the cost of original equipment and furnishings of said buildings d^is) ^^■
22 or additions, twenty years.
23 (4) For the construction of bridges of stone or concrete or of iron i9i3, 719, § 5.
24 superstructure, twenty years.
25 (.5) For the original construction of public ways or the extension or i9i3. 719, § s,
26 widening thereof, including land damages and the cost of pavement and
27 sidewalks laid at the time of said construction, or for the construction of
28 stone, block, brick or other permanent pavement of similar lasting charac-
488 MUNICIPAL FINANCE. [ChaP. 44.
ter under specifications approved by the department of public works, ten 29
years. 30
1913,719^5 5, (6) For macadam pavement or other road material under specifications 31
' "' approved by the department of public works, or for the construction of 32
sidewalks of brick, stone or concrete, five years. 33
subs' 9^"' ^ ^' C^) Fo'' *he construction of walls or dikes for the protection of high- 34
ways or property, ten years. 35
lubs' 10*'' ^ ^' (8) For the purchase of land for cemetery purposes, ten years. 36
1913,719, §5. (9) For the cost of additional departmental equipment, five years; 37
but each department shall be considered separately in determining the 38
amount that must be provided from revenue funds or proceeds of taxa- 39
tion before such indebtedness may be incurred. 40
1S99, 319, u. (10) For connecting dwellings or other buildings with common sewers, 41
1913,' 719, § 5; when the cost is to be assessed in whole or in part on the abutting property 42
subs. 13. ^ ^Q
owners, five years. ^-j
1920, 114. (11) YoT the payment of final judgments rendered after the fixing of 44
the tax rate for the current year, one year. 45
1928, 350, § 2. (22) For the establishing'of public airports, including the acquiring of 46
land, grading and constructing suitable surface on such field, the con- 47
struction of necessary buildings and the original equipment and furnish- 48
ing of same, ten years. The proceeds of indebtedness incurred hereunder 49
may be expended for the establishment of such an airport jointly by two 50
or more municipalities. 51
1913, 719, § 5. Debts mav be authorized under this section only by a two thirds vote. 52
subs. 11.
9
whkh dtilf Section 8. Cities and towns may incur debt, outside the limit of 1
bOTrowTSJ indebtedness prescribed in section ten, for the following purposes and 2
the debt limit, payable withiu the periods hereinafter specified : 3
1913, 719, §§1,6. 192S, 291. 4 Op. A. G. 261.
lubs'i"' ^^' (1) For temporary loans under section four, five, five A, six, six A, 4
or seventeen, one year. 5
1918, 205, §4. ^2) For maintaining, distributing and providing food, other common 6
necessaries of life and temporary shelter for their inhabitants upon the 7
occasions and in the manner set forth in section nineteen of chapter 8
forty, two years. _ _ 9
ss™'!^' (3) For establishing or purchasing a system for supplying the in- 10
1875' 209' § 4 habitants of a city or town with water, for the purchase of land for the 11
p. s.'27. §§ 28, protection of a water system, or for acquiring water rights, thirty years. 12
^^■^*'^*' 1S92 24.5 5 6 1903.37.5. 218 Mass. 161.
1895, 488, § 21. 1913, 719, § 6, subs. 2. 4 Op. A. G. 261.
R. L. 25, § 32; 27, § 11.
1923,303,51. (4) For the construction of filter beds, standpipes, reservoirs and 13
buildings for pumi)ing stations, twenty years. _ _ 14
1923,30.3, 51. (5) For laying and relaying water mains of not less than six inches 15
but less than sixteen inches in diameter, fifteen years. 16
1926,45. (g) For constructing and laying aqueducts and water mains of six- 17
teen inches or more in diameter, twenty-five years. 18
1913,719,5 6. (7) x^r the extension of water mains and for water departmental 19
subs. 3. *• . ' Orv
equipment, five years. -"
1891.370,5 4. (3) For establishing, purchasing, extending or enlarging a gas or 21
r.l'. 27,5 5. electric lighting plant within the limits of the territory within which 22
I9°3;7i9:l6; such gas or electric lighting plant is authorized to distribute its prod- 23
1914,742, §98. ucts, twcnty ycars; but the outstanding indebtedness so incurred shall 24
Chap. 44.] municipal finance. 489
25 not exceed in a town five per cent and in a city two and one half per lois, iis. ^ ^^
26 cent of the last preceding assessed valuation of such town or city.
27 (9) For such emergency appropriations as shall be approved by a 1,875,209, §3.
28 board composed of the attorney general, the state treasurer and the r. l. 27, § 8.
29 director, one year.
1913, 719, § 5. subs. 15. G. L. (ed. of 1920) 44, § 7.
1920, 591, § 10. 1928, 291.
30 (10) For acquiring land or constructing buildings or other structures, i9i9, ei, §2.
31 including the cost of original equipment, as memorials to soldiers, sailors
32 and marines, twenty years; but the indebtedness so incurred shall not
33 exceed one half of one per cent of the last preceding assessed valuation
34 of the city or town.
35 (11) For the payment of an assessment for a proportionate share of is'e, 2S6, §s.
30 the expense of construction of a county tuberculosis hospital under sec-
37 tion eighty-three of chapter one hundred and eleven, twenty years.
38 (12) For acquiring street railway property under sections one hun- 1920,599, §11.
39 dred and forty-three to one hundred and fifty-eight, inclusive, of chapter
40 one hundred and sixty-one, operating the same, or contributing toward
41 the sums expended by a transportation area for capital purposes, ten
42 years; but the indebtedness so incurred shall not exceed two per cent of
43 the last preceding assessed valuation of the city or town.
44 Debts for purposes mentioned in clause (1) of this section shall be i87|,209, |3.
45 payable as provided for in sections four, five, five A, six, six A and seven- r.^l. 27, § i
46 teen. Debts for all otJier purposes mentioned in this section shall be wu, 143', § 3.
47 payable within the periods above specified from the date of the first ^ °p- ^- °- ^*-
48 issue of bonds or notes on account thereof, and may be incurred in
49 accordance with the laws relating to such purposes, so far as they are
50 consistent with this chapter. Debts, except for temporary loans, may
51 be authorized under this section only by a two thirds vote.
52 Debts for purposes mentioned in clauses (3), (4), (5), (6) and (7) of J,*^^'!!;^^^'^-
53 this section shall not be authorized to an amount exceeding ten per cent |j« 28,|9.^ ^^
54 of the last preceding assessed valuation of the city or town. 218 Mask lei.
1 Section 9. Fire, water, light and improvement districts may by a when districts
2 two thirds vote authorize the incurring of debt for the purposes pre- ml ss'.Ti-
3 scribed, and payable within the periods specified, by sections seven and "m.^^'''
4 eight, so far as they are authorized by law to make expenditures for the J^^^; |
5 purposes mentioned therein.
1 Section 10. Except as otherwise authorized by law, a city shall not Debtumit.^^
2 authorize indebtedness to an amount exceeding two and one half per P^g|'|9'2§*-2
3 cent, and a town shall not authorize indebtedness to an amount exceed- r.'L'. 27.'
4 ing three per cent, on the average of the assessors' valuations of the 1913,719,
5 taxable property for the three preceding years, the valuations being fliV.us^'ss.
6 first reduced by the amount of all abatements allowed thereon previous l\fj^^^^\ fgt.
7 to December thirty-first of the preceding year; provided, that the value
8 of motor vehicles taxable under chapter sixty A, as determined there-
9 under, shall be used in determining the valuation of taxable property
10 for the purposes of this section. All debts, except those expressly author-
11 ized by law to be incurred outside the debt limit, shall be reckoned in
12 determining its limit of indebtedness under this section.
1 Section 11. Cities, except Boston, towns and districts may pay or Earlier pay^^^
2 provide for the payment of any debt at an earlier period than is required ^c° ° " ^'
490
MUNICIPAL FINANCE.
[Chap. 44.
1875, 209,
P. S. 29, !
1892, 245,
R. L. 27,
1913, 719,
§§1, 15.
1915, 85,
142 Mass,
3 Op. A
. §8.
H4
, 5 7.
§ 18.
by this chapter or may appropriate money for the purchase and can-
cellation of outstanding indebtedness, and shall not refund any debt
except as provided in section seventeen; and cities, towns and districts
may, for the purpose of reducing the whole debt for the redemption of
G.^7i. which sinking funds have been established by cities or towns prior to
§6.
274.
May twenty-eighth, nineteen hundred and thirteen, and by districts
prior to INIarch twentieth, nineteen hundred and fifteen, or of reducing
the amount to be raised by taxation for such funds, add to any such 10
sinking fund the excess of any appropriation over the amount required 11
for the purpose thereof, or add to such funds any sums derived from 12
taxation or from other sources not required by law to be expended 13
otherwise. 14
City may incxir
indebtedness
for water sup-
ply purposes.
1S76, 19.
P. S. 29, § 18.
R. L. 27, § 21.
1913, 719,
551, 11.
3 Op. A. G.
422, 565.
Section 12. A city, except Boston, which, at a meeting of its voters 1
held for that purpose, has accepted, by a vote of two thirds of the legal 2
voters voting thereon, any act to supply the city with water, may, by a 3
two thirds vote, incur debt and issue bonds or notes for the purposes 4
and to the extent authorized by such act, in the manner provided in, and 5
subject to the provisions of, section nineteen. 6
Town officers
ma.v incur
liabilities
between
December 31
and next
appropriation.
1913, 692, § 2.
Section 13. In towns, during the interval between December thirty- 1
first in each year and the time of making the next annual appropri- 2
ations, town officers authorized to make expenditures may incur liabil- 3
ities in carrying on the several departments intrusted to them, and 4
payments therefor shall be made from the town treasury from any avail- 5
able funds therein, and the same shall be charged against the next annual 6
appropriation; provided, that the liabilities incurred during said interval 7
do not exceed in any month the sums spent for similar purposes during 8
any one month of the preceding year; and provided, further, that said 9
officers may expend in any one month for any officer or board created 10
by law an amount not exceeding one twelfth of the estimated cost for 11
said year; but all interest and debt falling due in the said interval shall 12
be paid. 13
LIABILITY FOR DEBTS.
^wfui'd'ebts Section 14. Nothing in this chapter shall exempt a city or town 1
p s^'ot^s ifi°' from its liability to pay debts contracted for purposes for which it may 2
o
p. S. 29, § 16. , , „ ,
R. L. 27, § 20. lawiuUy expend money
144 Mass. 177.
1 Op. A. G. 24.
Cities, towns,
etc., not to be
exempt from
liability to
pay debts
contracted
under special
acts, etc.
1914. 740.
Section 15. Cities, towns and districts authorized by special acts 1
to incur debt shall not be exempt from liability to pay debts contracted 2
for the purposes for which they may lawfully expend money under such 3
acts, notwithstanding that the amount of the annual payment and the 4
period of the loan may not have been specified by the vote authorizing 5
the debt to be incurred, and the officers authorized to issue bonds or notes 6
therefor may issue the same, subject to the provisions and limitations of 7
such acts, provided that in all other respects the requirements of law 8
shall have been complied with; and the provisions of this section shall 9
ai)])ly to any bonds or notes of a city, town or district i.ssued under the 10
authority of any special act heretofore or hereafter enacted. 11
COA-P. 44.] MUNICIPAL FINANCE. 491
BONDS, NOTES AND CERTIFICATES OF INDEBTEDNESS.
1 Section Ifi. A city, town or district which has authorized a debt to issue of bonds,
2 be incurred within the Uniitations, as to amount and time of payment, "8S4!'i29.'
3 prescribed by this chapter may issue therefor bonds or notes, or, in the r*'*'. 27^59.
4 case of a city, certificates of indebtedness, all of which shall be prop- 55 Y,' 8.'^'
5 erly denominated on the face thereof, signed by its treasurer, and, if Iglj' gl^^^g*-
6 issued by a city, countersigned by its mayor, unless its charter other- 201 Mask 453.
7 wise provides, or, if issued by a town, by a majority of its selectmen,
8 or, if issued by a district, by a majority of the prudential committee or
9 commissioners, and by any other officers, boards or commissioners of a
10 city, town or district whose counter-signatures may be required by law,
11 at such rate of interest as may be deemed proper; and such city, town
12 or district may, except as provided in section eighteen, sell such bonds,
13 notes or certificates of indebtedness at not less than par, at public or
14 private sale, or may use the same in payment of such debts; provided,
1,5 that if the amount of the annual payment and the period of the loan
16 are not specified by the vote authorizing the debt to be incurred, the
17 officers authorized to issue bonds or notes therefor may issue the same
18 subject to the provisions and limitations of this chapter. The auditor
19 or similar officer in cities, the town accountant in towns having such an
20 officer, the treasurer in all other towns, or the prudential committee or
21 commissioners in a district, shall, not later than May first of each year,
22 notify the board of assessors in writing of the amount of debt falling due
23 during the current financial year, the sinking fund requirements, if any,
24 and what provision has been made for meeting such requirements; and
25 the board shall make such provision for meeting said debt and sinking
26 fund requirements in the tax levy of that year as in its judgment may
27 be necessary. This section and the four following sections shall not apply
28 to Boston.
1 Section 17. If a city, town or district votes to issue bonds, notes or Temporary
2 certificates of indebtedness in accordance with law, the officers author- n°adc"fof ^
3 ized to issue the same may, in the name of such city, town or district, exceeding'one
4 make a temporary loan for a period of not more than one year in an- ^^f^ f^ j g
5 ticipation of the money to be derived from the sale of such bonds, notes P- |- 29, § 14.
6 or certificates of indebtedness, and may issue notes therefor; but the r. l!27,'
7 time within which such securities shall become due and payable shall i908,'25o, § 1.
8 not be extended by reason of the making of such temporary loan be- §^\^,'9.^^'
9 yond the tune fixed in the vote authorizing the issue of such bonds, ]lll[ IqI\ | |;
10 notes or certificates of indebtedness: and notes issued under this section o°'a*g^' ^^
11 and sections four, five, five A, six and six A for a shorter period than (i9i8) 34.
12 one \'ear may be refunded by the issue of other notes maturing within
13 the required period; provided, that the period from the date of issue
14 of the original loan to the date of maturity of the refunding loan shall
15 be not more than one year; and provided, further, that no notes shall
16 be refunded under this section except under authority of such vote, if
17 any, as is required for the original borrowing.
1 Section IS. Notes issued under section four, five, five A, six, six A ™tes."°' °^
2 or seventeen may be sold at such discount as the treasurer or other j^o*- ^^3.
3 officer authorized to sell the same may, with the approval of the officer IIoV'sq,
4 or officers whose counter-signature is required on said notes, deem
5 proper, the discount to be treated as interest paid in advance.
492
MUNICIPAL FINANCE.
[Chap. 44.
Provision for
payment of
debts by cities,
towns and
districts.
1882, 133, § 1.
R. L. 27, § 13.
1908, 341, 5 1.
1911, 350.
1913, 719,
§§ 1, 14.
1915, 85, § 5.
1916, 62,
§§1,2.
1923, 359. § 2.
Section 19. Cities, towns and districts shall not issue any notes 1
payable on demand, and they shall provide for the payment of all debts, 2
except those incurred under sections four, five, five A, si.x, six A and .3
seventeen, by such annual payments as will extinguish the same at 4
maturit}% and so that the first of such annual payments on account of 5
any loan shall be made not later than one year after the date of the 6
bonds or notes issued for the serial loan, and so that the amount of such 7
annual payments in any year on account of such debts, so far as issued, 8
shall not be less than the amount of principal payable in any subsequent 9
year, and such annual amounts, together with tlie interest on all debts, 10
shall, without further vote, be assessed until the debt is extinguished; 11
provided, that in the case of bonds or notes issued for establishing or 12
purchasing a water supply system for its inhabitants, for the purchase 13
of land for the protection thereof or for acquiring water rights, the first 14
of such annual payments shall be made not later than three years after 15
the date thereof. 16
Proceeds of
sale of bonds
to be used
only for pur-
poses specified,
etc. Preniiums.
1910, 379,
§§ 1,3.
1913, 719,
§§ 1,7.
1915, 85, § 2.
1928, 224.
4 Op. A. G.
261.
Section 20. The proceeds of any sale of bonds or notes, except 1
premiums, shall be used only for the purposes specified in the authoriza- 2
tion of the loan; provided, that transfers of unexpended amounts may 3
be made to other accounts to be used for similar purposes or such uiiex- 4
pended amounts may, after the expiration of two years from the com- 5
-pletion of the project for which the loan was authorized, be transferred 6
to any other account established for purposes for which a loan may be 7
authorized for an equal or longer period of time. Any premium received 8
upon such bonds, less the cost of preparing, issuing and marketing them, 9
shall be applied to the payment of the principal of the first bonds or 10
notes so to mature, and the contributions from other sources for the 11
payment of said bonds or notes shall be reduced correspondingly. 12
Issue of new
securities for
old, recalled
or paid.
New, when
payable.
1876, 238, § 4.
P. S. 29, § 23.
R. L. 27, § 25.
Section 21. A city or town which recalls and pays any of its securi-
ties under rights reserved therein may issue, in place of securities so
recalled and paid, other securities payable at periods within the maturity
of those originally issued. Such new securities shall be made payable
within thirty years from the time of contracting the original debt.
1 Op. A. G. 24.
Rate of
interest.
1920, 336.
Section 22. All bonds, notes and other securities issued by cities or
towns, except Boston, shall bear such rate of interest as may be fixed
by the city or town treasurer, with the approval of the mayor or select-
men, notwithstanding any general or special provision of law enacted
prior to April twenty-second, nineteen hundred and twenty.
Director of
accounts to
issue book of
forms for town
and district
notes.
1910, 616, § 1.
1913, 727, § 1.
1915, 285.
1918, 257,
§ 159.
1919, 5; 350,
§§52, 55.
1920, 2.
3 Op. A. G.
342, 523, 578.
FORM AND certification OF TOWN AND DISTRICT NOTES.
Section 23. The director shall furnish to the treasurer of every 1
town, and of every fire, water, light and improvement district, forms for 2
the issue of notes for money borrowed liy the town and by such districts. 3
Every such note shall state the amount thereof, the date of issue, which 4
shall be construed as the date from which interest is payable, the interest 5
which it bears, the date when it will become due, and such other matter (>
as the director may deem necessary; and a record of every such note 7
shall be kept by said treasurer in such form as tiie director may designate. S
The director may place upon notes submitted to him for certification 9
Chap. 44.] municip.\l fin.^nce. 493
10 such denominations as will show the purpose for which they are issued
11 and as may be required by law to appear thereon.
1 Section 24. Whenever a town or a fire, water, li^ht or improvement ^XdrJtHct"
2 district votes to raise money otherwise than by the issue of bonds, the y^J^^g^g ^^
3 treasurer thereof shall make notes for the amount of the proposed loan, 1012', 45. 'si.'
4 and shall use one or more, in serial order, of the forms provided for in 727f§§2,'3.
5 the preceding section, with the blank spaces properly filled in. Town |^Y;|.^'
6 notes shall be signed by the treasurer thereof, and a majority of the f/^^sT.
7 selectmen shall countersign and approve each note in the presence of the jflis. s-
8 town clerk, who shall certify to the fact on the face thereof and affi.x l^g>'-^^Q
9 thereon the town seal. Notes of districts shall be signed by the treasurer 134.'''
10 thereof, and a majority of the prudential committee or commissioners
11 shall countersign and approve them in the presence of the clerk of the
12 district, who shall certify to the fact on the face thereof. The treasurer
13 of the town or district, after making a record of the transaction in accord-
14 ance with the preceding section, shall forward, with the fee required by
15 section twenty-si.x, every such note to the director, with a copy of said
16 record and a copy of the vote authorizing the loan, certified by the clerk
17 of the town or district, and a certification by said clerk that the person
18 whose signature appears upon the note as treasurer was the duly author-
19 ized treasurer of the town or district when such signature was made,
20 and that the persons whose signatures appear upon the note as those of
21 a majority of the selectmen or of the prudential committee or commis-
22 sioners were duly qualified as such when such signatures were made;
23 and the treasurer of such district shall furnish such other information
24 with reference to the financial condition of the district as the director
25 may require to enable him properly to certify the note. If upon exam-
26 ination the note appears to the director to have been duly issued in
27 accordance with the vote of the town or district authorizing it, or in
28 accordance with an act of the general court, and to have been signed by
29 the duly qualified officials of such town or district, he shall so certify
30 and shall thereupon return the note by registered mail to the treasurer
31 of such town or district; but, under such regulations as he may pre-
32 scribe, if so authorized by the town treasurer with the approval of the
33 selectmen, or by the treasurer of the district with the approval of the
34 prudential committee or commissioners, the director may deliver a
35 certified note to the payee thereof. He may certify to the issue of a
36 note on any date not earlier than three days prior to the date of issue
37 appearing on the note, if the other conditions of this chapter ha\e been
38 complied with. He shall not certify a note payable on demand, nor
39 shall he certify any note unless the laws relating to municipal indebtcd-
40 ness have been complied with, or if it appears that the proceeds of the
41 note are not to be used for the purpose specified in the vote authorizing
42 the loan for which the note is issued.
1 Section 24A. Town and district notes, when issued for a serial loan, suchnotes
2 may be made payable to "bearer", and when so issued section twenty- payable to
3 four may be construed by the director as being properly complied with wS" '
4 in so far as it relates to the projier filling in of the space provided for the '"^'' ^^■'•
5 name of the purchaser of the loan, and he may certify such notes; pro-
6 vided that before certification there shall be filed with him by the town
7 or district treasurer, as the case may be, the name of the purchaser of
8 such loan.
494
MUNICIPAL FINANCE.
[Chap. 44.
When note is
paid, director
to be notified.
1910, 616, § 3.
1913, 727, § 5.
Fees to be
charged by
director and
paid into
treasury.
Const, amend.
63, § 1.
(Const. Rev.
art. 125.)
Certification
prima facie
evidence.
1915, 84, 5 1.
Director to be
informed of all
municipal
loans, etc.
1919, 23.
Section 25. Whenever a note issued by a town or district is paid, the 1
treasurer thereof shall immediately notify the director of such payment, 2
stating the source from which such payment was made. 3
1918, 257, 5 159. 1919, 5. 1920, 2.
Section 2G. The director shall establish a reasonable fee for every
note certified, to be turned over monthly to the commonwealth; and
the state treasurer may refund the amount of any fee deposited with
him by said director for the certification of any note which may be can-
celled before money is obtained thereon.
1910, 616, § 4. 1912, 49, § 1. 1913, 727, § 4.
Section 27. The certification of town and district notes by the 1
director shall be prima facie evidence of the liability of such town or 2
district therefor. 3
REPORT of borrowing.
Section 28. Whenever a city, town or district votes to authorize
the incurrence of indebtedness, the city, town or district clerk, as the case
may be, shall, within forty-eight hours after the vote becomes effective,
furnish to the director a copy tiiereof ; and whenever a loan is issued by a
city, the city treasurer shall notify the director of the amount and pur-
pose of the loan, and shall state whether it be in the form of bonds or
notes; and whenever a loan is issued by a towm or district in the form of
bonds, the treasurer thereof shall notify the director of the amount and
purpose thereof. City, town and district treasurers shall also furnish the
director, upon request, with any other information in respect to the 10
authorization and issue of loans, which he may require to enable him to 11
keep a complete and accurate record of indebtedness authorized or 12
incurred by cities, towns and districts. 13
Tax limit
in
certain cities.
1885,
178,
§1;
312, 1
S 1.
ISS7,
281.
IS'.IH.
247;
445.
I'.lllll,
399.
1901,
264.
R. L.
12,
§54.
1908,
589,
§5.
1909,
490,
I,
S53.
1910,
521.
1913,
719,
§19.
1915,
18,
§1.
TAX limit in cities.
Section 29. The tax limit heretofore established by ordinance under
section nineteen of chapter seven hundred and nineteen of the acts of
nineteen hundred and thirteen, in cities other than Boston, shall have
the force of law until it is annulled or modified by the action of the city
council or other governing body. The mayor, or in cities having a com-
mission form of government the commissioner or director of finance,
may request a change in the tax limit as then existing or the fixing of a
limit; and when such request is submitted in writing to the city council,
it shall immediately order a public hearing to be held not less than seven
days thereafter relative to the fixing of a tax limit, and after such hearing 10
the council may, between January first and May first only, by ordinance 11
passed by a two thirds vote, fix a limit or abolish a limit previously 12
established, and such ordinance' shall remain in force until further modi- 13
fied, as above provided. 1*
Department
appropriations
in certain
cities.
1917, 209.
1918, 107.
244 Mass. 296.
DEPARTMENT APPROPRIATIONS.
Section 30. A city, except Boston, wherein the appropriation for
any department is determined by law at a certain rate or percentage ()f
the taxable valuation or the valuation of the taxable property therein,
or however otherwise the same may be described, shall, in addition to
the amount so determined, appropriate and use for such department
such proportion of the proceeds of the tax upon incomes, returned by
1
2
3
4
5
6
Chap. 44.] municipal finance. 495
7 the commonwealth to the city under section eighteen of chapter fifty-
8 eight, as the appropriation so determined by law bears to the total local
9 tax levy of that city for the current year; but in each year such depart-
10 ments shall be credited with their proportion of the income tax received
11 during the preceding year.
1 Section .31. No department of any city or town, except Boston, Liability not to
2 shall incur liability in excess of the appropriation made for the use of e JcSs^f *
3 such department, except in cases of extreme emergency involving the appropriation,
4 health or safety of persons or property, and then only by a vote in a city j^^^'/g®'
5 of two thirds of the members of the city council, and in a town by a vote 25i Mass. 82.
6 of two thirds of the selectmen.
BUDGET IN CITIES.
1 Section 32. Within sixty days after the annual organization of the Mayors, etc., of
2 city government, in cities other than Boston not having the commission to submit
3 form of government the mayor, and in such cities having said commis- IJ'c""'^' ''" '^^*^'
4 sion form, the commissioner or director of finance, shall submit to the l^'f/Jo.®'
5 city council the annual budget of the current expenses of the city, and j^^^' }^| § i-
6 the mayor or commissioner or director, as the case may be, may submit 231 Mass. 252,
7 thereafter supplementary budgets. The budget shall consist of an item- 241 Mass. 325,
8 ized and detailed statement of the money required, and the city council, 251'Mass. 82.
9 by a majority vote, shall make such appropriations in detail, clearly
10 specifying the amount to be expended for each particular purpose;
11 but the budget shall not be in such detail as to fix specific salaries of
12 employees under the direction of boards elected by the people, other
13 than the city council. The city council may reduce or reject any item,
14 but, without the approval of the mayor or commissioner or director of
15 finance, as the ca.se may be, shall not increase any item in or the total of
16 a budget, nor add any item thereto. In such cities not having the com-
17 mission form of government, the city officials, when so requested by the
18 mayor, shall submit to him forthwith in such detail as he may require
19 estimates for the next fiscal year of the expenditures of their departments
20 or offices under their charge, which shall be transmitted to the city
21 council. In such cities having the commission form of government each
22 commissioner or director shall, within thirty days after the annual
23 organization of the city government, submit to the commissioner or
24 director of finance estimates in such detail as he may require of the
25 amounts deemed necessary for the current expenses of their respective
26 departments. In all cities other than Boston, if the council fails to
27 approve or disapprove any item in the budget, as submitted by the
28 mayor or commissioner or director of finance, within sixty days after its
29 receipt thereof, such item shall, without any council action, become a
30 part of the budget for the year, and the sum named shall be available for
31 the purpose designated. Nothing in this section shall prevent the mayor
32 or commissioner or director of finance from recommending, and the city
33 council from making, appropriations prior to the adoption of the annual
34 budget.
1 Section 33. In case of the failure of the mayor or commissioner or Failure of
2 director of finance to transmit to the city council a written recommenda- TOmmissioner
3 tion for an appropriation for any purpose deemed necessary by the coun- gnan'cfe'^to'^ °^
4 cil, after having been so requested by ^•ote thereof, said council, after ap™o^™tfon.
496
MtJNICIPAL FIN.VNCE.
[Chap. 44.
1913, 719,
§§ 1, 20.
1915, 13S, 5 1.
1920, 172.
231 Mass. 2.52.
241 Mass. 336.
To include
provisions for
salaries of
officials, etc.
1922, 250.
Expenditures
in anticipation
of appropria-
tions.
1913, 719,
§§ 1. 20.
1915, 138, § 1.
241 Mass. 333,
336.
the expiration of seven days from such vote, upon its own initiative may
make an appropriation for such purpose by a vote of at least two thirds
of its members, and shall in all cases make such appropriations in detail,
clearly specifying the amount to be expended for each particular pur-
pose, but not in such detail as to fix specific salaries of employees under
the direction of boards elected by the people, other than the city council.
Section 33A. The budget shall include sums sufficient to pay the
salaries of oflScials fixed by law or by ordinance, but no new position
shall be created or increase in rate made during the financial year subse-
quent to the submission of the annual budget, unless provision therefor
is made by means of a supplemental budget.
Auditing of
accounts of
towns and
districts.
1910, 598, 5 1.
1913, 706. § 1.
1916, 13. § 1.
1917, 159, § 1;
192, § 1.
1918, 257,
5159.
1919, 5.
1920, 2.
Auditing of
accounts of
cities.
1910, 598, § 3.
1913, 706, § 1.
5
6
7
8
9
10
1
2
3
4
5
Section 34. In the period after the expiration of any fiscal year and
before the regular appropriations have been made by the city council,
the city officers who are authorized to make expenditures may incur lia-
bilities in carrying on the work of the several departments intrusted to
them, and payments therefor shall be made from the treasury from any
available funds therein, and charged against the next annual appropria-
tion; provided, that the liabilities incurred during said interval do not
exceed in any month the sums spent for similar purposes during any one 8
month of the preceding year; and provided, further, that said officers 9
may expend in any one month for any new officer or board lawfully 10
created an amount not exceeding one twelfth of the estimated cost for 1 1
the current year. All interest and debt falling due in said interval shall 12
be paid. l"^
AUDITING.
Section 35. Any town and any fire, water, light or improvement
district, at a meeting legally called therefor, may petition the director
for an audit of its accounts or for the installation of an accounting sys-
tem; and said director, as soon as possible after the receipt of such
petition, shall cause such audit to be made or system of accounts to be
installed. Any town or district, at a meeting legally called therefor,
after such accounting system has been installed, may petition for sub-
sequent audits, or may provide' in its by-laws for periodical audits under
the supervision of said director, who shall cause such audits to be made.
The selectmen may petition said director for an audit of the town ac-
counts when, in their opinion, the condition of the accounts is such as to
warrant the making of such audit, and said director, as soon as possible 12
after the receipt of such petition, shall cause such audit to be made. 13
1
2
3
4
5
6
7
S
9
10
11
Section 36. Any city may, by vote of its city council, petition the
director for an audit of its accounts or for the installation of an account-
ing system; and, if a statute or an ordinance requires a city official or
commission to cause an audit to be made, such official or commission
may petition therefor, and said director, as soon as possible after the
receipt of such petition, shall cause such audit to be made or accounting
svstem installed.
Section 37. Whenever, after such accounting system lias been in-
ment may be necessary.
Director to
assist munici- i i * o
officers"""''"^ stalled, a city, town or district accounting officer requests the advice or 1
JS'flSn' \ V assistance of the director, he shall render such assistance as in his judg- 3
1917, 15y, % z. ^ ^
ClUP. 44.] MUNICIPAL FINANCE. 497
1 Section 38. The accounting systems installed in accordance with uniformity in
2 this chapter shall be such as will, in the judgment of the director, be most
municipal
accounting.
3 effective in securing uniformity of classification in the accoiuits of such jiij"' yoj;' | f;
1!I17. '
159, I
4 cities, towns and districts. The director may supply approximately at {f' -*'■
5 cost to cities, towns and districts where such accounting systems have
6 been installed such books, forms or other supplies as may be required
7 from time to time after the original installation of such s;ystems.
1 Section 39. Upon the completion of an audit under section thirty- Director to
2 five or thirty-six, the director shall render a report to the city govern- ofTuditTo
3 ment or the board of selectmen or the prudential committee or com- Sict^S-""^
4 missioners, respectively, embodying the results of his findings, with such 5g';„'''||g § 5
5 suggestions as he may deem advisable for the proper administration of i9i7, 159, § 3.
6 the finances of the city, town or district.
1 Section 40. The director shall cause an audit to be made of the Biennial, etc.,
2 accounts of all cities and towns of the commonwealth, except Boston, and' town" ^
3 and may cau.se subsequent audits to be made of the accounts of each city Pref™nceto
4 and tow n, except Boston, as often as once in two years, or annually at the f9*2oi°2'45,
5 request of the mayor or the selectmen, and for this purpose he, and his |,' '
6 duly accredited agents, shall have access to all necessary papers, books
7 and records. Upon the completion of each audit, as aforesaid, a report
8 thereon shall be made to the mayor and city government in cities, and to
9 the selectmen in towns, and a copy of the same shall be furnished to the
10 city or town clerk, who shall cause the same or a summary of its essential
1 1 features to be published at the expense of the city or town. The director,
12 in his discretion, may give preference to audits upon petitions under
13 section thutv-five or thirtv-sLx over audits under this section.
s 1. 3.
1926, 158.
1 Section 41. The expenses incurred under sections thirty-five to Expenses ot
2 forty, inclusive, shall be paid primarily by the commonwealth; and the payli'Sand
3 state treasurer shall issue his warrant requiring the assessors of the cities Jg'io^sp; § e.
4 and towns concerned and of the towns in which such district is located to H'J'j^^'
5 assess a tax to the amount of said expense, and such amounts shall be 1920, 245, § 2.
6 collected and paid to the state treasurer in the same manner and subject
7 to the same penalties as state taxes. Any balance due shall be assessed
8 in the succeeding years in the same manner as other state taxes.
1 Section 42. Whenever a city or town causes an audit of its accounts Report of
2 or the accounts of separate departments to be made by a person of its igTo, 245, § 4.
3 own selection, the city or town clerk shall immediately, upon the em-
4 ployment of such person, file his name and address with the director, and
5 such person shall, within ten days after making the report of his audit
6 and recommendations to the city or town, file a certified copy thereof
7 with the director; and in any such case the director may, in his dis-
8 cretion, accept the audit so made, or cause an audit to be made under
9 section forty.
1 Section 43. The director shall annually furnish to the auditor or R|t^^*j?°_j'^
2 other accounting officer of each city and town schedules so arranged to director.
3 as to provide for uniform returns giving detailed statements of all re- a°counti°ng.
4 ceipts classified by sources, and all payments classified by objects, for }^°^; §2^; ^ '•
5 its last fiscal year"; a statement of the public debt showing the purpose ^^^^1°^^ 539.
6 for which each item of the debt was created and the provision made
498
MUNICIPAL FINANCE.
[Chap. 44.
for the payment thereof; and a statement of assets and liabiHties at the 7
close of the fiscal year. The director may prescribe standard forms 8
intended to promote the systematic accounting of financial transactions 9
and the publication of the same in the city and town reports. He shall 10
collect from the proper local authorities such other information pertain- 11
ing to municipal affairs as in his judgment may be of public interest. All 12
accounting and other officials and custodians of public money of cities 13
and towns shall fill out properly and return promptly to the director 14
all schedules transmitted by him to them. 15
Annual report
aud bulletins
of municipal
statistics.
1906, 296, § 2.
1909, 371,
§§ 3, 6.
1911, 74.
1918, 189,
§U,2; 257,19,
1919, 5; 350,
§§ S, 53.
1920, 2.
Section 44. The commissioner of corporations and taxation shall
include in his annual report statistics relative to the financial affairs of
cities and towns and other information of public interest pertaining to
municipal affairs. Said part of his report may be printed and distributed
as a separate document or in separate parts, and the commissioner may
also publish, at such intervals as he deems expedient, bulletins or special
reports of the director relative to municipal affairs.
^oducUoAof Section 45. The director may require the attendance of witnesses 1
isM^Res'^'iol"' and the production of books and documents, and may examine witnesses 2
p. s.'si, § u. under oath in the same manner as in the superior court. 3
R. L. 107, § 2. 1908, 462, § 1. 1909, 371, §§ 2, 10. 1912, 360, § 1.
Destruction or
sale of old
papers.
1887, 43, § 1.
R. L. 107, § 4.
1909, 371,
§§ 9, 10.
Section 4G. The director, having first obtained authority from the 1
go\'ernor and council, may destroy or sell all such records, papers and 2
schedules accumulated in the division of accounts as in his judgment are 3
of no value. •!
sinking funds.
No new sink- SECTION 47. No further sinking funds for the payment of debt shall
EMsting^unda be established by any city, town or district, but cities and towns shall
i875,°209,' § 7. contribute to every sinking fund established prior to May twenty-
§"§12,^13. eighth, nineteen hundred and thirteen, and districts shall contribute
Msis; 719,^ ^^' to every sinking fund established prior to March twentieth, nineteen
1915 85 §4 hundred and fifteen, until such sinking fund, with its accumulations,
shall be sufficient to extinguish at maturity the debt for which it was
established. This section shall not apply to Boston.
1
2
3
4
5
6
7
8
Duties of
sinking fund
commissioners.
Investments.
1875, 209, 8 3.
P. S. 29, § 11.
1894, 146.
R. L. 27, § 15.
1915, 85, § 4.
20S Mass. 537.
Section 48. The sinking fund commissioners shall have charge of 1
all sinking funds intrusted to them by the city, town or district, and shall 2
invest and reinvest, in the name of the board, all amounts contributed 3
thereto and the income thereof as it accrues, in the particular bonds, 4
notes or certificates of indebtedness for the redemption of which such 5
sinking fund was established, or in other bonds of their city, town or 6
district secured by sinking funds, or in temporary loan notes or certifi- 7
cates of their city, town or district issued in anticipation of taxes, or in 8
securities, except personal securities, in which funds of savings banks 9
may by law be invested; but no part thereof shall be loaned to the city 10
or town except as herein provided. The commissioners may sell such 11
securities and reinvest the proceeds. They shall keep a record of their 12
proceedings, and shall annually make a written report to the city, town 13
or district of the amount and condition of said funds and of tlie income 14
Chap. 44.] municipal finance. 499
15 thereof for the preceding financial year. Their records and the securities
If) belonging to said funds shall at all times be subject to the inspection of
17 the mayor, aldermen, selectmen, or any committee or commissioners
IS of the cit}', town or district authorized for the purpose. No member
19 of the board shall receive compensation for his services; but the nec-
20 essary expenses of the board shall be paid by the city, town or district,
21 and the treasurer and secretary thereof shall receive such compensation
22 as shall be fixed by the city, town or district.
23 When securities for the redemption of which a sinking fund has been securities to
24 established become a part of said sinking fund, the commissioners shall not^'TCgot'iab'ie,
25 cause a notice to be stamped or written on the face thereof that they are *''''■
26 a part of such sinking fund, and are not negotiable; and all coupons
27 thereof, as they are paid, shall be cancelled.
1 Section 49. If, when bonds payable from the sinking fund become issue of new
2 due, the sinking fund commissioners of a city hold any other bonds of sinking fund
3 the city not due and payable, which have been stamped as the property ofrities^'"""^"
4 of said sinking fund and are not negotiable, they shall so certify to the J^^^' lyf § le.
5 mayor and request that new bonds be issued to them by the city in lieu
6 of the bonds not due. If the mayor is satisfied that there is occasion
7 therefor, he shall cause new bonds to be prepared, bearing the same rate
8 of interest, and payable as to principal and interest on the same dates
9 as the bonds to be surrendered, and identical in terms therewith; and
10 when executed by him and the city treasurer and approved by the com-
1 1 mittee on finance of the city council, they shall be issued to such commis-
12 sioners on the surrender by them to the city treasurer and the cancellation
13 of such former bonds. Such cancellation and new issue shall be entered
14 in full on the books of the city treasurer.
1 Section 50. [Repealed, 1921, 486, § 12.]
1 Section 51. No part of the sinking funds of the commonwealth Loans from
2 shall be loaned to a city or town the indebtedness of which exceeds five tumLTnTo
3 per cent of the last preceding annual valuation for the assessment of oert^hfcitfes
4 taxes of the taxable property therein, or to a city or town not comply- i^js'^a^g" § 9
5 ing with this chapter; but the certificate of the treasurer of a city or E |;^,^;: V^g
G town as to the percentage of its indebtedness, and as to such compliance,
7 shall justify the state treasurer in making any such loan, unless he has
8 reasonable cause to suppose that its statements are untrue.
1 Section 52. A county, city, town or district, or any domestic cor- Registration of
2 poration, which shall have issued any bond, note or certificate of in- b^inklng'tund
3 debtedness payable to bearer, held by the sinking fund commissioners 5912T377!"§T.'
4 of any city, town or district, shall, at the request of such commissioners, {gjg' ff,.^ *'
5 issue in exchange therefor a bond, note or certificate of the same eft'ect, IsY'.)"^'
6 payable to such commissioners by name; provided, that the city, town
7 or district desiring such exchange shall, if requested, furnish the blank
8 form for the bond, note or certificate therefor in the same general form
9 as that furnished by the commonwealth under section thirty-nine of
10 chapter twenty-nine.
500
MUNICIPAL FINANCE.
[Chap. 44.
Department
receipts to be
paid into
treasury, etc.
1920, 591, § 7.
1926, 205.
MISCELLANEOUS PROVISIONS.
Section 53. All moneys received by any town officer or department,
except as otherwise provided by special acts and except fees provided
for by statute, shall be paid by such officer or department upon their
receipt into the town treasury. Any suras so paid into the town treasury
shall not later be used by such officer or department without a specific
appropriation thereof, except that sums allotted to towns for highway
purposes by the commonwealth or a county, which shall be used only
for the purposes specified by the officials making the allotment or to
meet temporary loans issued in anticipation of such allotment as pro-
vided in section six or six A, shall be available therefor without any
appropriation.
1
2
3
4
5
6
7
8
9
10
11
Investment of
trust funds,
1913, 719,
55 1, 17.
1916, 101.
Section 54. Trust funds, including cemetery perpetual care funds, 1
unless otherwise provided or directed by the donor thereof, shall be placed 2
at interest in savings banks, trust companies incorporated under the laws 3
of the commonwealth, or national banks, or in\ested by cities and towns 4
in securities which are legal investments for savings banks. This section 5
shall not apply to Bo,ston. G
Deposits of
cities or
towns limited.
1893, 266.
R. L. 25, § 19.
1921, 486, § 13.
Section 55. A city or town shall not at any one time have on deposit 1
in a bank or trust company an amount exceeding sixty per cent of the 2
capital and surplus of such bank or trust company, unless satisfactory 3
security is given to it by such bank or trust company for such excess. 4
Certain
municipal
officers not
liable for loss
of public
moneys by
reason of
liquidation of
certain de-
positories.
1929, 81.
Section 55A. A city or town officer receiving public money and
lawfully and in good faith and in the exercise of due care depositing the
same in a savings bank or trust company organized under the laws of the
commonwealth or in a national bank doing business in the common-
wealth shall not be personally liable to the city or town for any loss of
such money by reason of the closing up of such depository for the liquida-
tion of its affairs.
Financial year
of towns.
Returns.
1913, 692, § 1.
1926, 111.
Section 56. The financial year of all towns of the commonwealth 1
shall end on December thirty-first, and the returns made to the director 2
under section forty-three shall show the financial condition of the town 3
at the close of business on that day; provided, that the treasurer shall, 4
until January tenth, enter in his books all items for the payment of bills 5
incurred and salaries and wages earned during the previous year, and 6
expenditures therefor shall be deemed to be as of December thirty-first 7
preceding. 8
Interest on
certain debts
to be paid
from taxes.
1876, 133.
P. S. 29,
§§ 20-22.
Section 57. A city or town owing debts incurred in aid of a railroad
corporation shall annually raise by taxation an amount sufficient, with
the income, if any, derived from its stock or securities, to pay the in-
terest on such debts.
R. L. 27, § 24.
Cities not to
pay for wines,
liquors or
cigars.
Section 58. No cit>' shall pay a bill incurred by any official thereof 1
for wines, licjuors or cigars. 2
1884, 320, § 13. R. L. 19, § 33. 1917, 17.
Chap. 44.] municip.\l finance. 501
1 Section 59. The supreme iiidiciiil or superior court, by mandamus Enforcement
, 1 - ., ii -J, xV of chapter.
2 or other appropriate remedy, at law or m equity, upon tlie suit or petition 1 87.5, 209, § ii.
3 of the attorney general or of the mayor, or of one or more ta.xable inhabit- ism, s^S^s.
4 ants of a city," town or district authorized by law to incur debt, or of any %\- 1[^^ ^6.
Fi creditor to whom it is indebted to an amount not less than one thousand Hb^^^'^^ 503
() dollars, may compel such city, town or district, and its assessors, col- 1 op. a. g. 263.
7 lectors, treasurers, commissioners of sinking funds and other proper
8 officers, to conform to this chapter.
1 Section 60. A town treasurer or a treasurer of a fire, water, light or Penalty for
,..,., -'i-i'^j. violation of
2 improvement district, \\ho violates any provision of sections twenty- law relative to
3 three to twenty-five, inclusive, shall be punished by a fine of not less districTnotes.
4 than one hundred nor more than five hundred dollars.
1910. 61G. 15 5. iniS, 257, § 159. 1920, 2.
1913, 727, § 6. 1919, 5.
1 Section 61. A county, citv, town, district or corporation which neg- Penalty for
.',',, , • r A ' 1 'u.! refusal to issue
2 lects or refuses to issue a bond, note or certificate in accordance with non-nego-
3 section fifty-two when requested so to do by the sinking fund commis- f □''si'nidng fund
4 sioners of any city, town or district shall be subject to a penalty of not i9i'2']"3f7°T2;
5 more than fiftv dollars.
1915, 85, § 4.
1 Section 62. Anv citv, town or district officer who knowingly violates. Penalties for
. i.**^ rr,-i 1 j'Ti •* violations of
2 or authorizes or directs any official or employee to violate, any provision municipal
3 of this chapter, or any other provision of general law relating to the incur- Jgoo.los."^'
4 ring of liability or expenditure of public funds on account of any city, '^-''' -**■
5 town or district, or any provision of special law relating to the incurring
6 of liability or expenditure of public funds as aforesaid, shall, except as
7 otherwise provided, be punished by a fine of not more than one thousand
S dollars or by imprisonment for not more than one year, or both ; and the
9 mayor, selectmen, prudential committee, or commissioners, shall, and
10 five taxpayers may, report such violation to the district attorney who shall
1 1 investigate and prosecute the same.
1 Section 63. Whenever the proceeds of the sale of real estate by a city Application of
2 or town exceed five hundred dollars, the same shall be applied to the cen am sales of
3 payment of indebtedness incurred in acquiring such real estate or shall msraos!'? 4.
4 be added to the sinking fund, if any, from which said indebtedness is
5 payable, or if no such indebtedness is outstanding shall be used for any
6 purpose or purijoses for which the city or town is authorized to incur debt
7 for a period of ten years or more.
502
PARKS, PLAYGROUNDS AND PUBLIC DOMAIN.
[Chap. 45.
CHAPTER 45
PUBLIC PARKS, PLAYGROUNDS AND THE PUBLIC DOMAIN.
Sect.
1. Definitii
DEFINITION.
PUBLIC PARKS.
2. Park commissioners, election, ap-
pointment and removal.
3. Taking or purchase of Land for parks.
4. Connection of park with other sec-
tions of city or town.
5. Powers of park commissioners.
6. Betterments, how applied.
7. Erection of buildings upon parks.
8. Military evolutions in parks.
9. Annual reports.
10. [Repealed.]
11. Building line. Height of buildings on
parkvv.iys.
IMPROVEMENT ASSOCIATIONS.
12. Care of public grounds by improve-
ment associations.
13. Penalty for trespassing on public
grounds.
PLAYGROUNDS.
14. Laying out, use and control of play-
grounds.
Sect.
1.5. Obligation to provide playgrounds.
16. Acceptance of playground act by
towns.
17. Temporary playgrounds.
l.S. Use of playgrounds by adults.
19.
20.
21.
22.
23.
THE PUBLIC DOMAIN.
Laying out and use of public domain.
Taking by eminent domain.
City or town forests, management
and care.
Buildings on public domain.
Expenditure limited to appropriation.
SHORE RESERV.iTIONS IN TOWNS.
23.A.. Shore reservations, certain towns may
petition for, establishment, etc.
23B. Duties of county commissioners rela-
tive to such petition.
23C. Establishment, etc., stipulation rela-
tive to damages, etc.
PENALTY.
24. Penalty for violation of rules and
regulations.
Definition.
DEFINITION.
Section 1. In this chapter "town" shall not include city.
Park com-
missioners,
election,
appointment
and removal.
1882, 154, §§ 1,
2, 1.3.
1890, 240.
1899, 253.
R. L. 28, § 1.
1902, 544, § 7.
191.5, 105.
1924, 209, § 1.
137 Mass. 450.
143 Mass. 521.
1 Op. A. G. 617.
PUBLIC PARKS.
Section 2. A town may elect a board of park commissioners, con-
sisting of three persons, and prescribe their terms of office, or the mem-
bers of a town planning board may if so authorized by vote of the town
act as park commissioners therein. In a town which has not elected a
board of park commissioners or has not authorized the town planning
board so to act, the selectmen shall act as such board of park commis-
sioners. The mayor of a city may, with the approval of the city coun-
cil, appoint a board of park commissioners for said city, consisting of
five persons, who shall hold office for terms of one, two, three, four and
five years respectively from the first Monday in May next following
such appointment, or until their successors are qualified; and thereafter
the mayor shall annually, before the first Monday in May, with like
approval appoint one such commissioner for a term of fi\'e years from
said first INIonday in May. No member of the city council, clerk or
treasurer of such city or town shall be such commissioner. In cities a
vacancy in such board shall be filled in like manner for the residue of
the unexpired term. A commissioner may be removed by a ^•ote of
two thirds of the voters of a town, or by a vote of two thirds of all the
o
4
.'■)
G
7
8
9
10
11
12
13
14
15
in
17
IS
Chap. 45.] parks, pl.\ygrounds and public domain. 503
19 members of a city council. Such commissioners shall serve without
20 compensation.
1 Section 3. Any such boarcf may locate public parks within its city Takingor
2 or town and for that purpose may take in fee by eminent domain under [i",dfOT''°
3 chapter seventy-nine or by purchase, gift, devise or otherwise, land i'S.s|i"i54,
4 which it considers desirable therefor, or may take bonds for the con- rf^'j/gg, §§2
5 veyance thereof to its city or town, but any such taking by eminent ^^o^ ^^ ^
6 domain or by purchase shall be subject to the provisions of section four- 137 Mass! 456.
7 teen of chapter forty. A city or town may take and hold in trust or 21b Mass! 3h'.
8 otherwise any grant, gift, bec}uest or devise, made for the purpose of 253 Mass! uo!
9 laying out or improving any parks therein.
1 Section 4. Such boards may connect any public park or way, under connection
2 their control, with any part of the city or town for which they are ap- nthS'^sertions
3 pointed by taking over any connecting ways, or part thereof leading to i'soa'l^soo,'"""'
4 such park, and may accept and add to such park any way or part thereof, ^ [; 28^'
5 adjoining and parallel with any boundary line of the same ; but the con- iL^ij^g 221
6 sent of the public authorities having control of such way, and the written
7 consent of a majority of the owners of land abutting thereon, shall first
S be obtained. They shall have the same power and control over such
9 waj's as they have over parks, and a town may invest them with the
10 control, improvement and maintenance of any of the ways thereof for
11 the purpose of carrying out this section. If any such way or part
12 thereof shall pass from the control of any such board, the power and
13 authority over the same shall revert to the public authorities having
14 control of ways in the town in which such way is located.
1 Section 5. Such boards may lay out and improve public parks. Powers of
2 make rules for their use and government, appoint all necessary engi- mission^s.
3 neers, surveyors, clerks and other officers, including a police force to act ^^l' H*' ^ ^■
4 in such parks, define their powers and duties and fLx their compensation H^'j^^^ 3,,
5 and do all acts needful for the proper execution of their powers and 207 Mass. 460.
6 duties. They shall have the authority given to the mayor, aldermen,
7 selectmen, road commissioners and tree warden respectively by section
8 seven of chapter eighty-four and by chapter eighty-seven, in places under
9 their jurisdiction.
1 Section 6. All amounts received for betterments which accrue by the Betterments,
2 laying out of parks under this chapter shall be applied to the payment i88'2,T54'r§ 9.
3 of park loans.
R. L. 28, § 10. 1908, 341, § 3.
1 Section 7. Land taken for or held as a park under this chapter Erection of
2 shall be forever kept open and maintained as a public park, and no build- ujion pSks.
3 ing which exceeds six hundred square feet in area on the ground shall \f{'%^'
4 be erected on a common or park dedicated to the use of the public with- fj^g^ty
5 out leave of the general court; but, except in parks in Boston and in |i||' l^''' ^ '°-
6 parks comprising less than one hundred acres in extent, structures for R. l! 28,
7 shelter, refreshment and other purposes may be erected of such material lai?', 344,
8 and in such places as, in the opinion of the fire commissioners, if any, ^64 Ma°s. 419.
9 do not endanger buildings beyond the limits of such park. The superior V^ ^St lis!
10 court shall have jurisdiction in equity, upon petition of not less than ten 3 0p. a. G.406.
1 1 taxable inhabitants of the city or town in which such common or park is
504
PARKS, PLAYGROTJNDS AND PUBLIC DOMAIN.
[ClL\P. 45.
located, to restrain the erection of a building on a common or park in 12
violation of this section. 13
Military
evolutions
in parks.
1882, 154, § 11
R. L. 28, § 12.
1918, 257,
§ 158.
Section 8. Without the consent of Such board no military organiza-
tion shall camp, parade, review, or perform any military evolution or
exercise in, or enter, any park laid out as aforesaid, except in case of riot,
insurrection, rebellion or war.
1919, 5. 1920, 2.
Annual reports.
1882, 154. § 12
1882 154 U2 Section 9. Such boards shall make reports of their respective (io-
R. L. 28,'§i3.' ings and detailed statements of all receipts, ex-penditures and liabilities
for the preceding financial year, in towns at the annual town meetings and
at such other times as the town directs, and in cities to the city council
annually within thirty days after the end of the financial year.
Section 10. [Repealed, 1924, 209, § 3.]
Building line.
Height of
buildings on
parkways.
1896, 313.
1897, 379.
R. L. 28, § 16.
Section 11. In a city which by a vote of its city council, or in a
town which by vote of a town meeting, accepts this section, or has ac-
cepted corresponding provisions of earlier laws, the park commissioners
may, in accordance with section thirty-seven of chapter eighty-two,
establish a building line distant at no point more than twenty-five feet
from any exterior line of a way under their control or the part of a public
way on which a park abuts; and the extreme height to which buildings
upon such ways may be erected shall be seventy feet exclusive of such
steeples, towers, domes, cornices, parapets, balustrades, sculptured orna-
ments, chimneys and roofs as such board may approve.
1
2
3
4
1
2
3
4
5
6
7
8
9
10
Care of public
grounds by
improvement
associations.
1885, 157, § 1.
R. L. 28, § 17.
Penalty for
trespassing on
publir grounds.
1885, 157,
§§ 2, 3.
R. L. 28, § 18.
improvement associations.
Section 12. A town having public grounds or open spaces in any
of its public ways, which have been or may be designated by it as not
needed for public travel, may give the improvement thereof to cor-
porations within its limits organized under section four of chapter one
hundred and eighty, which, under the direction of the selectmen or road
commissioners, shall have the use, care and control thereof and may
grade, drain, curb and fence the same, set out shade or ornamental
trees, lay out flower plats and otherwise improve them.
Section 13. Any person who wilfully or maliciously drives cattle,
horses or other animals, or any vehicle, on or across such grounds or
ways, or destroys or removes any fence or railing on such grounds or
ways, or plays games thereon, or otherwise interferes with or injures
the work of the corporation having the care of the property so injured,
shall be punished by a fine of not more than twenty dollars, which shall
be paid over to such corporation.
Laying out,
use and
control of
playgrounds.
1893, 225,
§§ 1, 2.
R L 28, 5 19.
1908, 513,
§§ 2, 3.
1910, 508,
§U,3.
PL.'VYGROUNDS.
Section 14. Any city or town may acquire land and buildings within
its limits by gift or purchase, or by eminent domain under chapter
seventy-nine, or may lease the same, or may use suitable land or build-
ings already owned by it, for the purposes of a public playground or
recreation centre, and may conduct and promote recreation, play, sport
and physical education, for which atlmission may be charged, on such
ClIAP. 45.] PARKS, PLAYGROUNDS AND PUBLIC DOMAIN. 505
7 land and in such buildings, and may construct buildings on land owned fj'l;!^^-
8 or leased by it and may provide equipment for said purposes. Buildings ia[;j. 25^§ i-
9 so acquired, leased or constructed may be used also for town meetings, mi< 2^.
10 and, with the consent of, and subject to the conditions and terms pre- 208 Mass. 190.
1 1 scribed by, the officer or board in control of the building, may be used 273 mSI.' hi!
12 by the municipality, or by any department thereof, or by any person,
13 society or other organization for such other public, recreational, social
14 or educational purposes as the said officer or board may deem proper.
1,5 For the purposes aforesaid, any city or town may appropriate money,
16 and may employ teachers, supervisors and other officers, and may fix
17 their compensation. Except in Boston and except as to the making of
15 appropriations, the powers conferred by this section shall be exercised
19 by the board of park commissioners, or by the school committee, or by a
20 playground or recreation commission appointed by the mayor or elected
21 by the voters of the town at a town meeting, or may be distributed
22 between the board of park commissioners, the school committee and such
23 playground or recreation commission, or any two of them, or they may
24 be exercised b>' a committee made up from any one or more members of
25 all or any one of said boards or commissions, accordingly as the city
26 council or the town may decide. Any municipal officer or board author-
27 ized to exercise any of the powers conferred by this section may conduct
28 its activities on property under its control, on other public property
29 under the control of other public officers or boards, with the consent of
30 such officers or boards, or on private property, with the consent of the
31 owners. The provisions of section fifteen or sixteen shall not be con-
32 strued to apply to any city or town because of any action taken under
33 this section.
1 Section 15. Every town having a population of more than five thou- obligation to
... ,. . 1 -J li I.' I provide play-
2 sand which accepts this section, and every city and town navmg such grounds.
3 population which has accepted corresponding provisions of earlier laws, }9i2;223', ih
4 shall provide and maintain at least one public playground conveniently
5 located and of suitable size and equipment, for the recreation and physi-
6 cal education of the minors of such city or town, and at least one other
7 playground for every additional twenty thousand of its population.
1 Section 16. In towns which have a population of more than five Acceptance^^
2 thousand and which have not already satisfied the provisions of the pre- act^bTto^^n".
3 ceding section or corresponding provisions of earlier laws, upon petition j®4;5. •
4 to the selectmen by ten per cent of the voters filed fifteen days before f^^H^'^-
5 the day of the annual election of town officers, the following question
6 shall be submitted to the town at the next annual meeting or shall be
7 placed on the official ballot, if any, at the next town election: "Shall
8 section fifteen of chapter forty-five of the General Laws, requiring cer-
9 tain towns to provide public playgrounds, be accepted by this town?"
10 Said section shall take efi'ect in any town to which it applies upon its
11 acceptance by a majority of the voters voting as aforesaid.
1 Section 17. If in a town in the metropolitan parks district, or in Temporary
, ., ,. 1 .1 , ,. i plavgrounds.
2 any city, tenement buildings are built about or contiguous to open spaces, isgs, 331. ^^
3 the owners of such buildings may apply to the park commissioners, if fgig; ifo,
4 any, or, in a city or town of said district having no park commission, 5 123.
5 to the metropolitan district commission, and said boards may, with the
6 approval of the board of health of the city or town, take a lease of such
506
PARKS, PLAYGROUNDS AND PUBLIC DOMAIN.
[CiLVP. 45,
open spaces for a neighborhood pla\ground for a term not exceeding 7
fifteen years, subject to renewal, at a rental not exceeding the taxes 8
thereon. The owners of such buildings shall have the care and control 9
thereof under the supervision of the park commissioners, or if there are 10
none, of the selectmen. H
?oundsby' Section 18. This chapter shall not be construed to prohibit the 1
19W MS § 4 "^^ °^ ^^y playgrounds by adults at the discretion of the body having 2
the grounds in charge. 3
TiEying out
and use of
public domain.
1882, 255,
§§ 1,6.
R. L. 28, § 23.
1913,564, § 1.
1915, 162, § 1.
THE PUBLIC DOMAIN.
Section 19. A town, by a two thirds vote at an annual town meet- 1
ing, or a city, by a two thirds vote of the city council, may determine to 2
take or purchase land within its limits, which shall be a public domain, 3
and may appropriate money and accept gifts of money and land there- 4
for. Such public domain shall be devoted to the culture of forest trees, 5
or to the preservation of the water supply of such city or town, and the G
title thereto shall vest in the city or town in which it lies, except that 7
cities or towns owning land within the territorial limits of other cities 8
and towns for water supply purposes may, as herein provided, convert 9
such land into a public domain and retain the title thereto. 10
Taking by-
eminent
domain.
1918, 2.57,
§ 187, suos. 1.
1919, 5.
1920, 2.
Section 20. If a city or town has determined to take land for a
public domain as provided by the preceding section, the aldermen or the
selectmen shall within ten days adopt an order for the taking of such land
in fee by eminent domain under chapter seventy-nine.
1
2
3
4
City or
town forests,
management
and care.
1927, 212.
Section 21. The management and care of that portion of the public
domain known as the city or town forest, excepting lands held within the
watershed of any pond, stream, reservoir, well or other water used by a
city or town as a source of water supply, in a town shall be in charge of a
special town forest committee appointed by the selectmen, and in a city
shall be in charge of a forester or of such other board or officer as the
mayor and city council may determine. The special town forest com-
mittee shall be composed of three members who shall choose their own
chairman, and shall serve without compensation. One member of said
committee shall be appointed each year for a term of three years, except
that, when first appointed, one shall be appointed for a term of three 11
years, one for a term of two years and one for a term of one year. 12
1
2
3
4
5
6
7
8
9
10
Buildings on
public domain.
1882, 255,
§M, 5.
R. L. 28.
S5 26, 27.
1913, .564,
§§3,4.
1931,426, §180.
Section 22. Any city or town owning a public domain may lease any 1
liuilding thereon, and it may erect thereon any building for public instruc- 2
tion and recreation. All sums derived from rents or from the sale of the 3
products of any such domain shall be applied, so far as may be necessary, 4
to the management thereof. 5
nSd'to"™ Section 23. No land shall be taken or purchased for a public domain, 1
woprmtion. j^q building erected thereon and no expenditures authorized or made or 2
R. l'. 28, '§ 28'. liability incurred tiierefor until an amount sufficient to cover the esti- 3
mated expense thereof has been appropriated therefor as provided in 4
ClIAI'. 45.] PARKS, PLAYGROUNDS AND PUBLIC DOMAIN. 507
5 section nineteen, ;iii(] all contracts macle for expenditures in excess thereof
(') shall be void. Tlie expenditures shall not exceed the appropriations
7 therefor.
SHORE RESERVATIONS IN TOWNS.
1 Section 23A. A town bordering on tidewater may, at an animal f/^"'^ Jgrtaii? '
2 town meetino;, vote to instruct its selectmen to petition in writinjj the ',';"|"?,™f^y^
3 county commissioners of the county in which said town is situated, in c.-.tahiish-
* rtii* • 'nil •• J jII'I inent, etc.
4 this and the two tollowmg sections called the commissioners, to estal)lish, 1926, 387.
5 hiy out and maintain, on behalf of the county, a shore reservation border-
6 ing on tidewater in such town, and thereupon said selectmen shall so
7 petition. This section and sections twenty-three B and twenty-three C
S shall not apply to cities.
1 Section 23B. If the commissioners, after a public hearing upon the Duties of
2 petition and after such further investigation as the commissioners con- missioners
3 sider desirable, determine that public necessity requires that such a sucli petition.
4 reservation should be so established, laid out and maintained, they shall i^^e.ss?.
5 submit plans and estimates of the cost to the general court by filing the
6 same with the clerk of the house of representatives not later than Decem-
7 ber first following such determination, for such action as to the general
S court may seem advisable.
1 Section 23C. After being authorized by the general court to establish EstabUsh-
2 any such reservation, the commissioners, on behalf of the county, may atfpui'aUon
3 take by eminent domain under chapter seventy-nine, or acquire by pur- d*;iges*;°etc.
4 chase, gift, devi.se or otherwise, such land in fee as may be necessary 1926,387.
5 therefor, and may establish, lay out and maintain the same. Any person
6 injured in his property by the establishment and laying out of such a
7 reservation may recover compensation therefor from the county under
8 said chapter seventy-nine.
9 The selectmen of any town instructed to petition for the establishment
10 of such a reservation, if and to the extent authorized by vote of the town
11 at a town meeting, may stipulate in writing in behalf of the town to
12 indemnify and save harmless the county against all or any part of any
13 claims for damages sustained under this section, and to contribute money,
14 labor or materials toward the cost of establishing, laying out, maintaining
15 and properly policing such a reservation.
penalty.
1 Section 24. Whoever violates any rule or regulation for the govern- Penalty for
2 ment or use of any land or way taken or held under this chai)ter or for like ri'i'os and"
3 purposes under any special act, and made under authority of law by any is96ri99.^'
4 board or officer in charge thereof, shall be punished by a fine of not more ^- ^- ^^' ^ ^°-
5 than twenty dollars.
508
RETURN, ETC., OF BIRTHS, MARRIAGES AND DEATHS. [ChaP. 46.
CHAPTER 46
RETURN AND REGISTRY OF BIRTHS, MARRIAGES AND DEATHS.
Sect.
1. Facts to be recorded by city and town
clerks.
2. Separate record and indexes.
3. Physician or officer to record and make
report of births. Fee. Penalty.
Daily list to board of health.
4. Information as to births required.
Penalty.
6. City and town clerks to ascertain facts
for record of births, and may correct
deficiencies and clerical errorstherein.
6. Notice of births and deaths by parent,
keeper, etc.
7. Master to report births and deaths on
vessel.
8. Penalty for neglect to report.
9. Physician or officer to give death cer-
tificate. Penalty.
10. Physician or officer to state causes of
death of soldier or sailor. Penalty.
11. Undertakers to make returns, etc.
12. Copies of records of births and deaths,
etc.
13. Correction of errors in record, amend-
ment of records of illegitimates sub-
sequently legitimatized, etc.
Sect.
14. Penalty for false return.
1.5. Clerks to provide blanks for returns of
births.
Blank forms to be furnished to towns,
etc.
Copies of records of births and mar-
riages to be transmitted to state sec-
retary annually, and deaths monthly,
etc.
Copies to be legibly written.
Clerk's record to be prima facie evi-
dence.
20. Superintendent of state infirmary to
make records and returns.
Copies of records of births, marriages
and deaths to be bound, etc.
Registrar in certain cities and towns.
Proceedings on neglect to report.
Omission of name of illegitimate, etc.,
child.
Disposition of forfeitures.
Fees of city and town clerks.
27. Penalty for violation by clerks, etc.
28. Who may administer oaths.
29. Attestation of copies under seal.
IG.
17.
IS.
19.
21.
22.
23.
24.
25.
26.
Facts to be
recorded by
city and town
clerks.
A. C. 43.
C. L. 130, § 2.
1692-3, 48.
1695-6, 2.
1795, 69, § 1.
R. S. 15, § 46.
1844, 159, § 1.
1849, 202, § 1.
G. S. 21, § 1.
P. S. 32, § 1.
1887, 202, § 5.
1890, 402.
1897, 444, § 1.
R. L. 29. § 1.
1910, 322, § 1.
200 Mass. 474.
252 Mass. 328.
4 Op. A. G.
126.
Section 1. Each town clerk shall receive or obtain and record in 1
separate columns the following facts relative to births, marriages and 2
deaths in his town; 3
In the record of births, date of record, date of birth, place of birth, 4
name of child, his sex and color, names, places of birth and residence of 5
his parents, including the maiden name of the mother and occupation 0
of the father. In the record of birth of an illegitimate child, the name of, 7
and other facts relating to, the father shall not be recorded except on S
the written rccjuest of both fatiier and mother. The term " illegitimate " 9
shall not be used in the record of a birth unless the illegitimacy has been 10
legally determined, or has been admitted by the sworn statement of 11
both the father and mother. 12
In the record of marriages, date of record, date of marriage, place of 13
marriage, name, residence and official station of the person by whom 14
solemnized, names and places of birth of the parties married, residence 1.')
of each, age and color of each, the number of the marriage (as first or 16
second) and if previously married, whether widowed or divorced, the 17
occupation of each and the names of their parents, and the maiden IS
names of the motiicrs. If the woman is a widow or di\orced, her maiden 19
name shall also be given. 20
In the record of deaths, date of record, date of death, name of deceased, 21
sex, color, condition (whether single, widowed, married or divorced), 22
supposed age, residence, occupation, place of death, place of birth, names 23
Chap. 40.] return, etc., of births, marri.\ges and deaths. 509
24 and places of birth of the parents, maiden name of tlie mother, disease
25 or cause of death, defined so that it can be classified under the inter-
26 national classification of causes of death, place of burial, name of the
27 cemetery, if any, and if deceased was a married or divorced woman or a
2cS widow, her maiden name and the name of her husband. The word "resi-
29 dence", as used in this section, shall be held to include the name of the
30 street and number, if any, of the house.
1 Section 2. Births, marriages and deaths shall be recorded separately, Sepaf^a*^«_^j
2 separate indexes thereof kept, and each entry shall be numbered in its indexes.^
3 order. Returns of births, marriages and deaths shall be preserved by \IU[ «!;
4 the town clerk and conveniently arranged for examination. ft^. ulg.' §'2.
1 Section 3. Every physician, or hospital medical officer registered ^^^^^''to" "'"
2 under section nine of chapter one hundred and twelve, in this chapter J^X'^report
3 called officer, shall keep a record of the birth of every child in cases of ^'^^'"■'l^^^uy
4 which he was in charge, showing date and place of birth, the name, if paiiyiiatto
111 1*11 i* board 01
5 any, of the child, its sex and color, the name, age, birtliplace, occupation health.
6 and residence (including the street number, if any, and the ward num- ism S3,
7 ber, if in a city) of each parent, the maiden name of the mother and the |.^|; ^j,
8 name of the physician or officer, if any, personally attending the birth, flg^'/lsg. 5 1.
9 If the child is illegitimate, the name of and other facts relating to the \»»f^ ass! ^ ^
10 father shall not be set forth except upon written request of both the r^l:29.'§3.'
11 father and mother; provided, that if an illegitimate child shall have 1912; 280,
12 become legitimate by the intermarriage of his parents and the acknowl- 1920,244, §2.
13 edgment of his father, as provided in section seven of chapter one hun- "^^' ^^^- ^ ^■
14 dred and ninety, prior to the mailing or delivery of any report herein
1.5 required, such report shall read, in all respects, as if such child had been
1() born to such parents in lawful wedlock. Said physician or officer shall,
17 within fifteen days after such birth, mail or deliver to the clerk or regis-
18 trar of the town where such birth occurred, a report stating the facts
19 hereinabove required to be shown on said record and also the said
20 written request, if any; provided, that if said report is not so made
21 within forty-eight hours after such birth, said physician or officer shall,
22 within said forty-eight hours, mail or deliver to said clerk or registrar
23 a notice stating the date and place of the birth, the street number, if
24 any, the ward numljer, if in a city, and the family name. Upon presen-
25 tation to him of a certificate of tlie town clerk stating that any such
26 birth has been duly reported, the town treasurer shall pay to such physi-
27 cian or officer a fee of twenty-five cents for each birth so reported. Any
28 physician or any such officer violating any provision of this section shall
29 forfeit not more than twenty-five dollars.
30 The said town clerk or registrar shall file daily with the local board of
31 health a list of all births reported to him, showing, as to each, the date
32 of birth, sex, color, family name, residence, ward and physician or
33 officer in charge.
1 Section 4. A member or servant of a family in which a child is born, information
. 11' 1U"4.I as to births
2 having knowledge of the facts required tor record relative to such birtn, required.
3 shall furnish the same upon request of the clerk of the town where such ilgf, iu, i 4.
4 child was born or its parents reside, or of any person authorized by him. ^- ■ ^^' ^ *•
5 Such member or servant refusing to furnish such facts shall be punished
6 by fine not exceeding ten dollars.
510
RETURN, ETC., OF BIRTHS, MARRIAGES AND DEATHS. [ChAP. 46.
City and town
clerks to
ascertain
facts for
record of
births, and
may correct
deficiencies
and clerical
errors therein.
1897, 444,
U 5, 9.
R. L. 29,
§§ 5, 9.
1910, 93. § 2.
1931, 165;
426, § 161.
Section 5. The clerk of each town may annually in January ascer- 1
tain the facts required for record by section one relative to all children 2
born during the preceding year and resident therein, and, if it appears 3
that any such child was born in any other town, within or without the 4
commonwealth, shall transmit to the clerk of such town a certificate 5
stating the facts so ascertained as to such child. When necessary to 6
supply deficiencies in the birth records, he may enter therein any written 7
information obtained by him but he shall not change facts already re- 8
corded except as provided in section thirteen or except to correct errors 9
in copying from notices, reports or certificates on file in his office. If 10
such an error is so corrected, a statement to that eft'ect, signed by him, 11
shall be entered upon the record. 12
Notice of
births and
deaths by
parent, keeper,
C. L. 130, § 2.
1692-3, 48.
1795, 69. 6 2.
R. S. 15, § 47.
G. S. 21, 5 2.
P. S. 32, § 2.
1897, 444, § 6,
R. L. 29, 5 6.
1931,426, §162.
[See section 20.]
Section 6. Parents, within forty days after the birth of a child, and
every householder, within forty days after a birth in his house, shall cause
notice thereof to be given to the clerk of the town where such child is
born. Every householder in whose house a death occurs and the oldest
next of kin of a deceased person in the town where the death occurs shall,
within five days thereafter, cause notice thereof to be given to the board
of health, or, if the selectmen constitute such board, to the town clerk.
The keeper, superintendent or person in charge of a house of correction,
prison, reformatory, hospital, infirmary or other institution, public or
private, which receives inmates from within or without the limits of the 10
town where it is located shall, when a person is received, obtain a record 11
of all the facts which would be required for record in the event of the 12
death of such person, and shall, on or before the fifth day of each month, 13
give notice to the town clerk of every birth and death among the persons 14
under his charge during the preceding month. The facts required for 15
record by section one shall, so far as obtainable, be included in every 16
notice given under this section. 17
Master to
report births
and deaths on
vessel
1.
1692-
■3, 48.
1795,
69, § 2.
R. S.
15, § 47.
G. S.
21, §2.
P. S.
32, § 2.
1897,
444, § 7.
R. L.
29, § 7.
Penalty for
neglect to
report.
1795,
69, § 2.
R. S.
1.5, S 47.
G. S.
21, § 2.
P. S.
32, § 2.
1897,
444, § 8.
R. L.
29, i 8.
Physician or
officer to
give 1
death
certificate.
Penalty.
G. S.
21, §3.
P. S.
32, § 3.
1888,
,63;
306,
§ 1.
1893,
263, 5 1.
1897,
444, § 10.
R. L.
29, § 10.
1910,
322, § 2.
1920,
, 244, § 2.
4 Op
. A. G.
406.
1
2
3
4
5
6
7
8
9
10
Section 7. The master or other commanding officer of a vessel shall
give notice, with the facts required for record, of every birth or death
occurring among the persons under his charge. The notice of a birth
shall be given to the clerk, and the notice of a death shall be given to the
board of health or, if the selectmen constitute such board, to the clerk
of the town at which his vessel first arrives after such birth or death.
Section 8. A parent, keeper, superintendent or other person required
by section six to give or cause to be given notice of a birth or death,
neglecting so to do for ten days after the time limited therefor, and the
master or commanding officer of a vessel neglecting so to do for ten days
after the arrival of his vessel at the place where notice is to be given,
shall forfeit not more than five dollars.
Section 9. A physician or registered hospital medical officer shall
forthwith, after the death of a person whom he has attended during his
last illness, at the request of an undertaker or other authorized person
or of any member qjt the family of the tleceased, furnish for registration a
standard certificate of death, stating to the best of his knowledge and
belief the name of the deceased, his supposed age, the disease of which he
died, defined as required by section one, where same was contracted,
the duration of his last illness, when last seen alive by the physician or
officer and the date of his death. A physician or officer attending at
Chap. 46.] return, etc., of births, m.vrriages and de.\ths. 511
10 the birth of a child dying iininerliately thereafter, or a physician or
11 officer attending at the birth of a child born dead, shall forthwith furnish
12 for registration a certificate, stating that to the best of his knowledge and
l.'i belief such child either died immediately after birth or was born dead.
14 Both the birth and death of such child shall be recorded and, if it was
1.3 born dead, the w^ord "stillborn", shall be entered in both the record of
Ki birth and death. A physician or any such officer neglecting or refusing
1 7 to make such certificate or making a false statement therein shall forfeit
15 not more than fifty dollars.
1 Section 10. A physician or officer furnishing a certificate of death Physician or
2 as required by the preceding section or by section forty-five of chapter state causes
3 one hundred and fourteen, shall, if the deceased, to the best of his know!- "oidfji- or°
4 edge and belief, ser\-ed in the army, na\-y or marine corps of the United Pe'lmity.
.5 States in any war in which it has been engaged, insert in the certificate a j^|^. 224. ^ ^^
6 recital to that effect, specifying the war, and shall also certify in such fg^'l^^^l-
7 certificate both the primary and the secondary or immediate cause of 1920! 243! § 1.
8 death as nearly as he can state the same. For neglect to comply with
9 any provision of this section, such physician or officer shall forfeit ten
10 dollars. For the purposes of this section and of sections forty-five, forty-
11 six and forty-seven of said chapter one hundred and fourteen, the word
12 "war" shall include the China relief expedition and the Philippine in-
1.3 surrection, which shall, for said purposes, be deemed to have taken place
14 between February fourteenth, eighteen hundred and ninety-eight and
1.5 July fourth, nineteen hundred and two, and the Mexican border service
16 of nineteen hundred and sixteen and nineteen hundred and seventeen.
1 Section 11. Every undertaker or other person in charge of a funeral [^"n.akl''^"
2 shall forthwith obtain the ph\-sician's or officer's certificate required by ig4'Y"i59''5 4.
.3 section nine, enter thereon the facts as to the deceased required ^"7 q^I'IJ-j!!^-
4 'section one to be recorded, and return it to the board of health or its mi -ijb. § 1.
o
1 873 202 .
agent, or, if the selectmen constitute such board, to the clerk of the p s.'32."§4.
1897, 444, § 12.
(') town where the death occurred. The person making such return shall k;l!29. 112.
7 receive from the town a fee of twenty-five cents. The board of health JooVatti 479.
8 shall transmit such certificate to the town clerk. 4 0p. a.g.406.
1 Section 12. Except as hereinafter provided, each town clerk shall ^cor'ds°If
2 forthwith make a certified copy of the record of each birth and death Jj^''a't''h\*°f„
3 recorded during the previous month, if the parents of the child born or i|89, 208. ^ ^^
4 the deceased were residents of any other town in the commonwealth or R. l' 29. '| 13.
5 in any other state at the time of said birth or death, and transmit it to 1931! 132:' 230.
6 the clerk of the town where such parents or deceased person were so
7 resident, stating the name of the street and number of the house, if any,
8 where such parents or deceased person so resided; and the clerk of a
9 town in the commonwealth receiving such certified copy, or certified
10 copies of births, marriages or deaths, from the clerk of a town without
1 1 the commonwealth, shall record the same and transmit to the state
12 secretary a certified copy of the record thereof. No birth record of a
13 child born out of wedlock shall so be transmitted to any other city or
14 town.
1 Section 13. If the record relating to a birth, marriage or death does ^f°^^Jf^
2 not contain all the required facts, or if it is claimed that the facts are not record^^amenj-
3 correctly stated therein, the town clerk shall receive an affidavit con- J^cord" of
512
RETURN, ETC., OF BIRTHS, MARRIAGES AND DEATHS. [ChAP. 46.
illegitimates
Bubsequently
legitimatized,
etc.
1892. 305, § 1.
1894, 402.
1897. 444, § 14,
R. L. 29, § 14.
1925, 281. § 2.
19.i0, 169.
1931, 258.
taining the facts required for record, if made by a person required by law
to furnish the information for the original record, or, at the discretion of
the town clerk, by credible persons having knowledge of the case.
If a person shall have acquired the status of a legitimate child by the
intermarriage of his parents and the aclvnowledgment of his father, as
provided in section seven of chapter one hundred and ninety, the record
of his birth shall be amended or supplemented as hereinafter provided so
as to read, in all respects, as if such person had been reported for record
as born to such parents in lawful wedlock. For such purpose, the town
clerk shall, if satisfied as to the identity of the persons and the facts,
receive an affidavit executed by the parents or by either if the other is
dead, setting forth the material facts. Unless such intermarriage is
recorded in the records in the custody of such clerk, such affidavit shall be
accompanied by a certified copy of the record thereof.
If a person of illegitimate birth shall have acquired a new name by
judicial decree, the town clerk shall receive a certified copy of such decree.
He shall file any affidavit, certified copy of such decree or copy of record
submitted under this section and record it in a separate book kept there-
for, with the name and residence of the deponent or the facts of such
decree and the date of the original record, and shall thereupon draw a line
through any statement, or statements, sought to be corrected or amended
in the original record, without erasing them, shall enter upon the original
record the facts required to correct, amend or supplement the same in
accordance with such affidavit or decree, including, in case of a decree of
adoption, the same facts relative to the adopting parents as are required
in a record of birth by the provisions of section one relative to natural
parents, and forthwith, if a copy of the record has been sent to the state
secretary, shall forward to the state secretary a certified copy of the cor-
rected, amended or supplemented record upon blanks to be provided by
him, and the state secretary shall thereupon correct, amend or supple-
ment the record in his office. Reference to the record of the affidavit or
such decree shall be made by the clerk on the margin of the original record.
If the clerk furnishes a copy of such a record, he shall certify to the facts
contained therein as corrected, amended or supplemented, and shall state
that the certificate is issued under this section; except that the clerk
shall, upon proper judicial order, or when requested by a person seeking
his own birth record, or by a person whose official duties, in the opinion
of the clerk, entitle him to the information contained in the original
record, furnish a copy of such original record. Such affidavit, or a certified
copy of the record of any other town or of a written statement made at
the time by any person since deceased required by law to furnish evi-
dence thereof, may, in the discretion of the clerk, be made the basis for
the record of a birth, marriage or death not previously recorded, and such
copy of record may also be made the basis for completing the record of a
birth, marriage or death not containing all the required facts.
.3
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2.3
24
2.5
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Ssl're'tum. SECTION 14. Whocver Wilfully makes a false return relative to a
1897, 444, § 15. [^irtjj^ marriage or death shall forfeit not more than fifty dollars.
R. L. 29, § 15.
Each town clerk shall annually give public notice that 1
householders, 2
3
Clerks to SECTION 15.
provide blanks ■,, „ • i i i i ,. ,. , • i
for returns of he Will turiush biauks tor returns ot births to parents, liouseJioUlers
1880, i33. § 2. physicians and registered hospital medical officers applying therefor
p. S. 32, § 8. 1897, 444, i 17. R. L. 29, § 16. 1920, 244, | 2.
("map. 40.] RETURN, ETC., OF BIRTHS, MARRIAGES AND DE.\THS. 513
1 Section 16. The state secretary shall prepare arul furnish to the Blank forms to
2 clerks and boards of health of towns, and to the superintendent of the t'ownsl'Sc"
3 state infirmary, record books, books for indexes thereto, forms for returns, Jsm! im,^ ^'
4 on paper of uniform size, and any necessary instructions and explanations, fi^/g; 202, § 5.
5 including an explanation that sections one hundred and ten and o"Pp||2'|i4
6 hundred and eleven of chapter one hundred and eleven require physicians, i897. 444, § is.
7 registered hospital medical officers, nurses, relatives or other attendants r l' 29. § 17.
8 to report immediately to the local board of health every child one or 1912! 470!
9 both of whose eyes become inflamed, swollen and red and show an un- •020,244, 52.
It) natural discharge within two weeks after birth. Town clerks shall dis-
1 1 tribute the blank forms as the state secretary shall direct. A town may
12 provide such books and forms if they conform to those so prepared.
1 Section 17. The clerk of each town, and of each city containing less Copies of
2 than thirty thousand inhabitants, annually, on or before March first, births Ind
3 the clerks of cities containing more than thirty thousand and less than "ansmftted°to*
4 one hundred thousand inhabitants, annually, on or before April first, f,fnuai'iy"''"'^
5 and the clerks of cities containing one hundred thousand inhabitants or ^"Q''„^^,y'*'|tp
G more, annually, on or before May first, shall transmit to the state secre- 1842, 95^ § 1
7 tary certified copies of the records of births and marriages recorded therein 1849! 202! § s!
8 during the preceding year, with certified copies, upon blanks provided 1875,21'.
9 by him, of such records and corrections in such records as have not been f8l4.|o6^ '"■
10 previously returned. The clerk of each city and town shall, on or before JgoiiteT: ^ '''
11 the tenth day of every month, transmit to the state secretary, upon fgg^ |o5^'*'
12 blanks to be furnished by him, certified copies of the returns of deaths in i^ob. ^Jl-
13 such town during the preceding month. In case no deaths have occurred, (1918) 89.
14 the fact shall be certified by the town clerk within ten days after the close
15 of such month.
1 Section 18. The state secretary shall require and town clerks shall f°^^\y wruten.
2 cause copies transmitted under the preceding section to be written in a J*"^; ggf '§\9!''
3 legible hand.
[Penalty, § 27.]
1 Section 19. The record of the town clerk relative to a birth, marriage cierk-s record
2 or death shall be prima facie evidence of the facts recorded. A certificate facie evidence.
3 thereof, signed by the town clerk or assistant clerk, shall be admissible c. s. 21. § 6. '
4 as evidence of such record.
p. S. 32, § n. 133 Mass. 242. 240 Mass. 449, 514.
1897,444, §21. 142 Mass. 466. 252 Mass. 328.
R. L. 29, § 20. 163 Mass. 453. 253 Mass. 499.
10 Allen, 161. 217 Mass. 451. 265 Mass. 420.
122 Mass. 43. 226 Mass. 67. 269 Mass. 415.
1 Section 20. The superintendent of the state infirmary shall obtain, Superint^endent
2 record and make return of the facts relative to births and deaths therein firmary to
3 in the same manner as town clerks. The clerk of the town where such Tnd retm-ns.
4 infirmary is located shall, relative to the births and deaths therein, be q%\ l\^\ 8.
5 exempt from the duties otherwise required of him by this chapter, fgg^f, 144,^^12.
R. L. 29, 5 21. 1911, 104.
1 Section 21. The state secretary shall cause the copies received by Copies of
2 him for each year to be bound, with indexes thereto. He shall prepare births, mar-
3 from said copies such statistical tables as will be of practical utility, and deathsTobe
4 make annual report thereof to the general court. bound, etc.
1842, 95. § 2. 1849, 202, § 5. P. S, 32, § 15. R. L. 29. 5 22.
1844, 159, § 7. G. S. 21, i 10. 1897, 444, § 23. 1902, 544, 5 8.
514
RETURN, ETC., OF BIRTHS, MARRIAGES AND DEATHS. [ChaP. 4G.
Section 22. Any city, except Boston, and any town containing more
than ten thousand inhabitants, may provide for the appointment of a
person other than the clerk to be registrar. Such registrars, and in
Boston the citv registrar, shall be sworn and the provisions of this chapter
rZ:tt!'/lf; relative to clerks shall apply to them.
Registrar in
certain cities
and towns.
1849, 202, § 1.
G. S. 21, § 11.
P. S. 32, § 16.
1892, 314
Proceedings
on neglect to
report.
1897, 444,
§§25, 26.
R. L. 29, § 24.
Section 2.3. The town clerk shall give written notice of the require- 1
ments of this chapter to any person neglecting to comply therewith, and 2
upon the continuance of such neglect for one month shall notify the agent 3
or attorney duly appointed by the town to sue in its corporate capacity, 4
or, if there is no such agent or attorney, the district attorney of the dis- 5
trict, who shall cause a prosecution for the penalty or forfeiture therefor 6
to be instituted. '
Section 24. In any statement of births and deaths printed by a town
the name of an illegitimate child or of its parents or of the parents of a
Omission of
name of il-
legitimate,
i897.%44, § 27. stillborn child shall not be printed, but the word "illegitimate" or
R. L. 29, § 25. .. g^jii]ijopj^ " ghall be used in place thereof. A town violating this section
shall forfeit to the mother of such child not more than one hundred
dollars.
Section 25. All fines and forfeitures recovered under this chapter
Disposition of
18971 '444! § 28. shall, except as provided in sections twenty-four and twenty-seven, accrue 2
R. L. 29, § 26. ^^ ^j^^ benefit of the town where the required return should have been 3
made. ■*
Fees of city
and town
clerlis.
1844, 159, § 5.
1849, 202, § 2.
G. S. 21, §7.
1866, 138, § 1.
1873, 145; 341.
P. S. 32, § 12.
1897, 444, § 29.
R. L. 29, § 27.
1919, 168, § 1.
1929, 273.
141 Mass. 479.
Section 26. The town clerk shall receive the following fees from the
town upon presenting to the town treasurer a certificate of the receipt of
the prescribed cojiies by the state secretary: For each marriage, fifty
cents; for each birth, one dollar; for each death returned to him by an
undertaker or the board of health, fifty cents; for each death not so
returned but obtained and recorded by him, one dollar. He shall also
receive from the town the following fees : For each certificate transmitted
under section twelve, fifty cents; for receiving and recording an affidavit
and forwarding a copy thereof under section thirteen, one dollar; for
sending the notice required by section twenty-three, fifty cents; for 10
each oath administered in his capacity as clerk, twenty-five cents. A 11
town may limit the aggregate compensation allowed to its clerk. 12
Penalty for
violation by
clerks, etc.
1842, 9,5, § 1.
1844, 159, § 8.
1849, 202, § 3.
G. S. 21, §7.
P. S. 32. § 12.
1897, 444,
§5 20, 29,
Section 27. A city or town clerk or registrar refusing or neglecting
to perform any duty required of him under this chapter shall be punishetl
by a fine of not less than twenty nor more than one hundred dollars.
Fines recovered for violation of section eighteen shall be to the use of
the commonwealth.
R. L. 29, §§ 19, 27. 1919, 168, § 1.
Who may
administer
oaths.
Section 28. An oath required by this chapter may be administered
by the clerk, assistant clerk or registrar of a town.
1897, 444, § 30. R. L. 29, § 28.
Attestation ol
copies under
8eal.
Section 29. Town clerks or registrars shall attest their copies of the 1
record of births, marriages or deaths with the official seal of the town. 2
1898, 389, § 3. R. L. 29, § 29.
Chap. 47.]
INFIRMARIES.
515
CHAPTER 47
INFIRMARIES.
Sect.
1. Maintenance, etc. Location.
2. Directors of infirmary.
3. Meetings of directors.
4. Joint infirmaries.
5. Joint board of directors.
6. Each town to choose three directors,
etc.
Sect.
7. Expenses, by whom paid.
8. Records of admission.
9. Discontinuance of infirmaries.
10. Rate for persons able to pay.
11. Children, detention of.
12. [Repealed.]
1 Section 1. Any town mav erect or provide and maintain an in- Maintenance,
* , 1 ' XT 1 11 • • ■ ^'^^- Location.
2 firmary for persons m need. No town shall erect or maintain an m- 1743-4, 12,
3 firmary wholly or in part within the limits of any other town without its 1788, 30, §§ 7,
4 consent.
1828, 142, § 3. 18.')2, 275. R. L. 30. §§ 1, 2. 1,'il Mass. 505.
R S. 16. §1 1, 1857, 153. G. L. (ed. of 1920) ISfi Mass. 341.
22: 46, § 4. G. S. 22. §§ 1.2, 22. 47, § 2. 2 Op. A. G. 548.
1848, 291. P. S. 33. §§ 1, 2, 22. 1927, 203, § 1.
1 Section 2. Any town which has an infirmary may annually choose Directors
2 three, five, seven or more directors to have the management thereof, i743-™i'2i*'§ i.
3 who may appoint a superintendent and assistants. If such directors r*|; fg] ^ ^"
4 are not chosen, the local board of public welfare shall be the directors.
p. S. 33, § 3. G. L. (ed. of 1920) 1927, 203, § 1. 186 Mass. 341.
R. L. 30, § 3.
G. L. (ed. of 1920)
47, § 3.
J 2, 3.
G. S. 22, § 3.
1927, 203, § 1.
152 Mass. 500.
1 Section 3. The directors shall at least monthly hold general meet- Meetings of
2 ings at which they may make orders and regulations for the infirmary, to i7r!i-Z^i2. § i
3 be binding until the next meeting of the town or of the city council, r.**!' ?6.' § l;
4 when the same shall be submitted to such meeting, and if approved shall pi;^ii It'
5 remain in force until revoked by the town or by the city council. R- ^- ^°' ^ *•
G. L. (ed. of 1920) 47, § 4. 1927, 203, § 1.
1 Section 4. Any number of towns may, at their joint charge and for joint in-
2 their common use, erect or provide an infirmary and purchase land for iu3-iTi2, § 2.
3 the use thereof.
1788, 30, 8 2.
1828, 142, § 3.
R. S. 16, § 5; 46, 5 i-
G. S. 22. 5 5.
P. S. 33, § 5.
R. L. 30, § 5.
G. L. (ed. of 1920) 47, § 5.
1927, 203, 5 1.
1 Section 5. The management and repair of such infirmary shall be joint board of
2 vested in a joint board of directors, who shall be chosen annually by the i743-"°i2, 5 2.
3 several towns interested.
1788, 30, § 2.
R. S. 16, § 6.
G. S. 22, § 6.
P. S. 33, § 6.
R. L. 30, § 6.
G. L. (ed. of 1920) 47, § 6.
1927, 203, § 1.
1 Section 6. Unless all the towns interested in such infirmary agree Each town to
2 to choose a different number, each of them shall choose three members dir'e°tOTs,'eTc.
3 of the joint board; and upon the death of a director, or his removal from nll^lall.^"
4 the place for which he was chosen, the vacancy may be filled by such ^^ s- 16,
5 town. If a town neglects to choose directors, those chosen by the other p | ff' | J-
6 towns shall have charge of the infirmary. R- l- 3d, § 7.
G. L. (ed. of 1920) 47, 5 7. 1927, 203, 5 1.
516
[Chaps. 47, 4S.
Expensea, by SECTION 7. The expensc of maintaining the infirmary shall be paid 1
i74°3^4^T2,' 5 6. by the several towns interested, in proportion to their share of the state 2
R,*l.' 16,' 1 13. tax at the time when the expense was incurred, unless they agree to a 3
p.' I' 33,' 1 12.' different proportion. 4
R. L. 30. § 12. G. L. (ed. of 1920) 47. § 12. 1927, 203, § 1.
Records of
admission.
1743-4, 12,
5 10.
1788, 30, § 9.
Section 8. Each infirmary shall keep records of all persons admitted 1
to it, which records shall be in the form prescribed by the department of 2
public welfare. 3
R. S. 16, 5 18.
G. S. 22, § 17.
P. S. 33, § 17.
1901, 177.
R. L. 30, § 17.
1914, 792, § 1.
1919, 350, § 96.
G. L. (ed. of 1920) 47, § 17.
1927, 203, § 1.
Discontinu-
ance of
infirmaries.
Section 9. An infirmary may be discontinued or appropriated to
any other use if the towns interested so determine.
G. L. (ed. of 1920) 47, § 23.
1743-4.12,514.
1788, 30, § 13.
R. S. 16, § 24.
G. S. 22, § 23.
P. S. 33, § 23.
R. L. 30, § 23.
1927, 203, § 1.
Rate for per-
sons able to
pay.
1927, 203, § 1.
Section 10. Persons able to pay for infirmary care may be received 1
and cared for in an infirmary at a rate fixed by the board of directors 2
thereof. "^
Section 11. No child who can be provided for under section thirty-
six of chapter one hundred and seventeen without unreasonable ex-pense
Children,
detention of.
1879, 103, 5 2.
P. S. 84, §4.
R. L. 81, § 7.
1905, 303, § 2.
1913, 112.
f92oi m, tss. or unless he is under three years of age and his mother is a suitable person
1927, 203, § ;
shall be detained in an infirmary for more than sixty days unless his
physical condition is such as to make such action necessary or desirable
to aid in taking care of him and is an inmate of the same infirmary.
Section 12. [Inserted, 1927, 203, § 1; repealed, 1931, 426, § 163.] 1
CHAPTER 48.
FIRES, FIRE DEPARTMENTS AND FIRE DISTRICTS.
Sect.
1.
2.
3.
4.
5.
7.
8.
9.
10.
11.
12.
13.
14.
FIREWARD3.
Firewards.
Firewards to attend fires.
Buildings to be pulled down, when.
Same subject.
Owners to be indemnified.
Firewards may command assistance.
Firewards may direct enginemen, etc.
FOREST WARDENS.
Forest wardens. Appointment, etc.
Back fires in woodlands.
Forest wardens may appoint deputies,
require aid, etc.
Penalty for refusal of aid.
Compensation of foresters, etc.
Setting, etc., fires in open air regu-
lated. Penalty.
[Repealed.)
Sect.
15. Arrest without warrant.
16. Clearing land of slash.
17. Clearing ways of slash.
18. Electric, etc., companies to clear
land of sl.ash.
19. Forester, forest wardens, etc., to en-
force three preceding sections.
20. Penalty.
20A. Lumber cutting, operation of port-
able sawmills, regulated. Penalt.v.
21. Spark arresters, when required.
Penalty.
22. Inspection by forester, etc.
23. Erection of forest fire observation
towers.
24. Expenditures authorized.
25. Duties of forest wardens. Posting
notices, etc.
26. Penalty for destroying notice.
Chap. 48.] fires, fire departments and fire di.stricts.
517
Sect.
27. Forest wardens, when not liable for
trespass.
28. Prevention of forest fires. Report.
28A. State fire patrol, appointment, etc.,
in certain counties.
28B. Patrolling forests of towns in drought.
State aid to small towns.
ENGINEMEN AND HOSEMEN.
29. Selectmen, etc., to appoint engine-
men.
30. -Annual meeting of enginemen. Rules
and penalties.
31. Meetings of engine companies.
32. Selectmen, etc., to appoint engine-
men to private engines.
33. If selectmen refuse, commissioners
may appoint.
34. Enginemen to live near engines.
35. Hosemen.
36. Certain call men in fire departments
may be appointed to permanent
force.
37. Exception to application of § 34.
38. Compensation of enginemen.
39. Chief engineer and assessors to certify
lists. Treasurers to pay.
40. Penalty for refusing certificate, etc.,
or making false one.
41. Three preceding sections not to apply
unless adopted.
FIRE DEPARTMENTS.
42. Fire departments in certain towns.
43. Chief to act as forest warden.
44. Effect of two preceding sections on
firemen under civil service.
45. Engineers. Appointment.
46. Organiiation of engineers.
47. Engineers to have powers of fire-
wards; to appoint enginemen, etc.
48. Organization of enginemen, etc. By-
laws, etc.
49. Privileges of engineers, etc.
50. -Apparatus of fire departments.
51. Penalty.
52. Engineers to have care of engines,
etc.
53. Engineers may regulate carr>-ing fire
in streets, etc.
54. Other powers of engineers as to pre-
venting, etc., fires.
55. Members of fire departments. Term
of office.
56. Same subject. Hours of labor.
57. Same subject. Days off, etc.
58. Tenure of office of chiefs of fire de-
partment in certain towns.
59. Platoon system.
59A. Response of fire departments to calls
for aid from other cities, etc.
Sect.
reserve fire forces in cities.
59B. Establishment.
59C. Number of members.
59D. Assignment of members to duty.
Compensation.
FIRE DISTRICTS.
60. Fire departments in districts.
61. Establishment of fire districts.
62. Selectmen to call meeting upon re-
quest.
63. Voters. Clerk, duties. Temporary
clerk. Notice to commissioner of
corporations and taxation.
64. Meeting may establish fire depart-
ment.
65. Engineers, how chosen.
66. Meetings of fire district, how called
and conducted.
67. Voting lists for elections in fire dis-
tricts.
68. Certain election laws to apply to fire
districts.
69. Fire districts may raise money for
purchase of engines, etc.
70. Temporary debts.
71. Prudential committee. Treasurer.
72. Temporary treasurer.
73. Assessment, etc., of money raised by
fire district, etc.
74. Board of engineers to make rules and
appoint enginemen, etc.
75. Powers of engineers and liability of
district for their acts.
76. Privileges, etc., of members of fire
department. Compensation.
77. By-laws to be approved, etc.
78. Penalties, how recovered, etc.
79. District may exclude persons or
estates.
80. Districts heretofore organized.
firemen's relief.
81. Appropriation for relief of firemen.
Disbursement.
82. Members of protective associations,
etc., entitled to benefits.
83. Allowance to families of firemen, etc.,
killed or fatally injured.
SPECIAL PROVISIONS.
84. Firemen's clubs not to be established
unless, etc.
85. Penalty for joining unauthorized club.
86. Two preceding sections in force only
where adopted, etc.
GENERAL PROVISIONS.
87. Fire department equipment, stand-
ardization.
518
FIRES.
[ClIAP. 48.
FIREWARDS.
Section 1. Selectmen may annually, in March or April, appoint
J^^^'I'g^'^',^ 1- firewards, and shall forthwith give them notice thereof. Whoever
neglects, within seven days after such notice, to file with the town clerk
his acceptance or refusal of the office shall, unless excused by the select-
men, forfeit ten dollars.
4 Op. A. G. 379.
Firewarda.
1711-12. 5, § 1
R. S. 18,
§§1,2.
G. S. 24,
§§ 1.2.
1871, 21.
P. S. 35, § 1.
R. L. 32, § 9.
1907, 475, § 5.
1918,257, §160.
1919, 5.
1920, 2.
Firewards to
attend fires.
Section 2. If a fire breaks out, the firewards shall immediately 1
1711-12, 5, § 2. repair thereto, and shall wear a suitable badge of office. 2
1744-5, .30, §§ 1, 2.
1796, SS, § 2.
R. S. 18, § 3.
G. S. 24, § 3.
P. S 35, § 2.
R. L. 32, § 10.
1907, 475, § 5.
1918, 257, § 160.
1919, 5.
1920, 2.
4 Op. A. G. 379.
Buildings to
be pulled down,
when.
1711-12, 5, § 1.
1744-5, 30, § 2.
1796, 88, § 2.
R. .S. 18, § 4.
G. S. 24, §4.
P. S. 35, § 3.
R. L. 32, § 11.
1907, 475, § 5.
1918, 257,
§160.
Section .3. Three or more firewards present at a place which is in
immediate danger from fire, or if there are not three of them pre.sent
the selectmen or the mayor and the aldermen present, or in their absence
two or more of the civil officers present, or in their absence two or more
of the chief military officers of the place present may direct any building
to be demolished if they deem it necessary to prevent the spread of the
fire.
1919, 5.
1920, 2.
5 Cush. 269.
11 Cush. 433.
11 Allen, 507.
f8^?2or^°*' Section 4. If a city by its city council or a town accepts this section 1
R L 32 \*i2 ^^ '^^^ accepted corresponding provisions of earlier laws, the official of 2
1918 *57' ^ ^' ^ ^^^ department in command at a fire shall ha\'e exclusively the power 3
§ 160. ' conferred by the preceding section. 4
1919, 5.
1920, 2,
Owners to be
indemnified.
1796, 88, § 3.
R. S. 18, § 7.
G. S. 24, § 5.
P. S. 35, § 5.
R. L. 32, § 13.
1907, 475, § 5.
1918, 257,
§§ 160, 191.
1919, 5.
Section 5. If such demolition of a building is the means of stopping 1
the fire or if the fire stops before it comes to it, the owner shall be entitled 2
to recover reasonable compensation from the town unless it was the 3
building in which the fire started. Such compensation shall be deter- 4
mined and recovered under chapter seventy-nine, as if the building 5
demolished were taken by eminent domain. 6
1920,2. 8 Met. 462. 11 Cush. 433. 11 Allen, 507.
ramma'rfd """^ SECTION 6. Such fircwards or other officers may require assistance
im-lT'^s §1 ^^^ extinguishing a fire and for removing furniture, goods or merchandise
5^44-5,^30, ^§2. from a building on fire or in danger of fire. They may appoint guards
to secure the same, may require assistance for demolishing a building.
1796, 88, § 2.
R. S. 18, § 5.
p.'s.'ss,' § 6.' and suppress tumults and disorders at fires
R. L. 32, § 14. 1918, 257, § 160.
1907, 475, § 5. 1919, 5.
1920, 2.
Section 7. They may direct the stations and operations of the
Firewards may
direct engine-
i7Ti'-i2 5 §3 fnginenien with their engines and of all other persons, for the purpose
i^^^-|'3o.^§3. of extinguishing the fire. Whoe\er refuses or neglects to obey such
R.'s.'l8,'§6.
orders shall be punished by a fine of not more than ten dollars.
1920, 2.
G. S. 24, §7.
p. S. 35, § 7.
R. L. 32, §15.
1907, 475, § 5.
1918, 257, § 160.
1919, 5.
ClL\P. 48.] FIRES. 519
FOREST WARDENS.
1 Section 8. The mayor in cities and, except as provided in section Forest wardens.
2 forty-three, the selectmen in towns shall annually, in January, appoint ^w"'"""""-
3 a forest warden, and forthwith give notice thereof to the state forester, in sfl.'l''*''
4 this chapter called the forester. Such appointment shall not take effect f^^- If^^ *'^-
5 unless approved by the forester. When so approved notice of the appoint- i^^^^ 1^^ ^ ^
6 ment shall be given by the mayor or selectmen to the person so appointed, isis! 257!
7 Whoever having been duly appointed fails within seven days after receipt igig.'s.
8 of such notice to file with the city or town clerk his acceptance or refusal 1921] 274.
9 of the office shall, unless excused by the mayor or selectmen, forfeit ten
10 dollars. The same person may hold the offices of tree warden, selectman,
1 1 chief of fire department and forest warden. Upon the failure of the mayor
12 of a city or the selectmen of a town to make such appointment in the
13 month of January, the forester shall notify the mayor or selectmen so to
14 do, and if the mayor or selectmen fail to comply within fourteen days
15 after receipt of such notice, the forester may appoint as forest warden in
16 such city or town a suitable person, who shall be a resident thereof.
1 Section 9. If a fire occurs in woodland, the forest warden of the Back fires in
2 town, or of a town containing woodland endangered by such fire, at a Ts^i, ISs!*'
3 place in immediate danger therefrom, may set back fires and take neces- r. l.^32.\%.
4 sary precautions to prevent its spread.
1907, 475, § 5. 1918, 257, § 160. 1919, 5. 1920, 2.
1 Section 10. The forest warden may appoint deputies to assist him Forest wardens
2 in his duties, and may discharge them; and he or his deputies may, if in deputies,°re-
3 their judgment there is danger from a forest fire, employ assistance or igsell^.Te.
254,
5.
4 require any male person in their town between the ages of eighteen and ^^J-
5 fifty to aid in its extinguishment or prevention, and may require the 5*5 ['7 ^|o
6 use of horses, wagons and other property adapted therefor, and shall keep 1907, '475,
7 an account of the time of all persons assisting them and a schedule of all igis, 257,
8 property so used.
1919, 5. 1920, 2.
1 Section 1 1 . Wlioever, without sufficient cause, wilfully refuses or Penalty for
2 neglects to assist or to allow the use of his property as required by the i897,''254,''§ e.
3 preceding section, shall be punished by a fine of not less than five nor ^ ^- ^-' ^ ^^^
4 more than one hundred dollars, to be equally divided between the com-
5 plainant and the town, and may also be imprisoned for not more than
6 two months.
1 Section 12. Payment shall be made to forest wardens, their depu- Compensation
2 ties, and persons assisting them, and for property used under their etc""^* ''"'
3 direction at a forest fire, at a rate prescribed by the town or, in default \llj] ||f; 5 1;
4 of its action thereon, by the selectmen. No such payment shall be made J^gg^- Ifr^^^l]
5 until an itemized account, approved by the forest warden under whose i^igg^"'
6 direction the work was done or assistance furnished, shall have been filed i9i9. s.
1920 2.
7 with the officer making pajTnent.
1 Section 13. No person shall set, maintain or increase a fire in the setting, etc..
2 open air at any time unless the ground is substantially covered with ai^rcguiS.
3 snow, except by written permission, covering a period not exceeding ten nslilC'is, § 3.
4 days from the date thereof, granted by the forest warden or chief of the llge^gb.'t'u^"
520
FIRES.
[Chap. 48.
1837, 177, 5 1.
G. S. 164, § 12.
P. S. 206. § 12.
1897, 2S4, § 10.
R. L. 32, § 24;
211, § 11.
1907, 47,5, § 5.
1908, 209, § 1.
1911, 244,
§§1,4.
1912, 419, § 3.
1916, 51,
§§ 1. 5.
1918, 257,
« 160.
1919, 5; 3.50,
§§ 101, 104.
1920, 2.
1922, 515.
1927, 160.
1930, 401, § 1.
230 Mass. 595.
fire department in cities and towns, or, in cities having such an official, 5
the fire commissioner; provided, that debris from fields, gardens and 6
orchards, and leaves and rubbi.sh from yards, may be burned on ploughed 7
fields by the owners thereof, their agents or lessees, if such fire is at least 8
two hundred feet distant from any sprout or forest land and at least fifty 9
feet distant from any building and is properly attended until extinguished ; 10
and provided, further, that persons above the age of eighteen may set or II
maintain a fire for a reasonable purpose upon sandy land, or upon salt 12
marshes or sandy or rocky beaches bordering on tide water, if the fire 13
is enclosed within rocks, metal or other non-inflammable material. The 14
forester may make rules and regulations relating to the granting and 15
revocation of such permits binding throughout the commonwealth. Such 16
rules and regulations shall take effect subject to section thirty-seven of 17
chapter thirty, when approved by the governor and council. The forest 18
wardens in towns and officials performing the duties of forest wardens in 19
cities shall cause public notice to be given of the provisions of this section 20
and shall enforce the same. Whoever violates any provision of this sec- 21
tion shall be punished by a fine of not more than one hundred dollars or 22
by imprisonment for not more than one month, or both. 23
Section 14. [Repealed, 1930, 401, § 2.]
Arrest without
warrant.
1907, 299;
475, § 5.
1908, 209, § 4.
1911, 244, § 2.
1912. 419, § 4.
1916, 51,
§5 4.5,
1918, 257,
§ 160.
1919, 5; 350,
§ 42.
1920, 2.
1927, 280, § 2.
Section 15. The forester, the state fire warden or any duly author- 1
ized assistant, the forest warden in a town or the official performing the 2
duties of a forest warden in a city, or any duly appointed deputy forest 3
warden, the director of the division of fisheries and game, a fish and game 4
warden or a deputy fish and game warden may arrest without warrant 5
any person found in the act of setting, maintaining or increasing a fire 6
in violation of sections thirteen and fourteen. They shall take precau- 7
tions to prevent the progress of forest fires, or the improper kindling 8
thereof, and upon the discovery of any such fire shall immediately re- 9
quire the necessary assistance in accordance with section ten, the pro- 10
visions of which and of sections eleven and twelve are hereby made 11
applicable in such case, and shall notify the local forest warden. 12
Clearing land
of slash.
1914, 101, § 1.
1920, 308,
5§ 1, 6.
Section 1G. Every owner, lessee, tenant or occupant of lands or of 1
any rights or interests therein, except electric, telephone and telegraph 2
companies, who cuts or permits the cutting of brush, wood or timber on 3
lands which border upon woodland, or upon a highway or railroad loca- 4
tion, shall dispose of the slash caused by such cutting in such a manner 5
that the same will not remain on the ground within forty feet of any 6
woodland, highway or railroad location. 7
Clearing ways
of slash.
1914. 101, § 2.
1920, 308,
§§ 2, 6.
Section 17. Any person who cuts or causes to be cut trees, brush or 1
undergrowth within the limits of any highway, shall dispose of the 2
slash and brush then and there resulting from such cutting in such a 3
manner that the same will not remain on the ground within the limits 4
of said highway. 5
Electric, etc..
companies to
clear land of
slash.
1920, 308, § 3.
Section 18. Electric, telephone and telegraph companies which, at 1
the time of erecting their transmission lines, cut or cause to be cut brush, 2
wood or timber on land which borders upon woodland or upon a highway 3
or railroad location, shall dispose of the slash caused by such cutting in 4
such a luanner that the same will not remain on the ground within forty 5
Chap. 48.] fikks. 521
fi feet of any woodland, highway or railroad location; such companies
7 which after the erection of their lines trim or cut brush, wood or timl)er
8 which has grown up since the line was erected, and which borders upon
9 woodland or upon a highway or railroad location, shall, upon the reciuest
10 of the forester, and within a time limit set by him, dispose of the slash
11 of second or subsequent cuttings if the same in his opinion constitutes
12 a menace to adjoining property.
1 Section 19. The forester, or any duly authorized assistant, and the Forester.
2 forest wardens in cities and towns are hereby authorized to inspect wood etc''f'to''en?o'"rce'
3 or lumber operations, and also the rights of way of electric, telephone gectionr"''''"'^
4 and telegraph companies' transmission lines, to determine whether the i^^o, 308, § 4.
5 slash and brush are disposed of in accordance with sections sixteen to
6 eighteen, inclusive.
1 Section 20. Violation of any provision of sections sixteen to eight- Penalty.
2 een, inclusive, shall be punished by a fine of not less than twenty nor 1920! sos!
3 more than one hundred dollars. 5§ s, 6.
1 Section 20A. No person shall engage in any lumbering operations Lumber cut;
2 which involve the cutting of more than ten thousand feet, other than o'f"por°tabie*'°°
3 the cutting of cord wood, unless he has filed with the forester a state- regiuated.
4 ment giving the location and approximate size of the lot of land from f92|''252.
.'i which wood is to be cut and the approximate date when such operations
6 are to be commenced. Any person, before operating any portable
7 sawmill, shall notify the forester of the place of such intended operation
8 and shall clear away and dispose of all slash and brush within seventy-
9 five feet thereof. Violation of any provision of this section shall be
10 punished by a fine of not less than five nor more than one hundred
11 dollars.
1 Section 21. WTioever, except when the ground is covered with snow, spark
2 operates in or adjacent to forest or grass lands any portable steam saw- when'reqWed.
3 mill, steam roller, steam shovel or steam tractor, which burns wood, fgl'v'.'M,
4 coke, coal or other spark producing material as fuel, unless the same is iJjo 399 52
5 provided with a suitable spark arrester approved by the forester, .shall
6 be punished by a fine of not less than fifty nor more than one hundred
7 dollars.
1 Section 22. The forester or his assistants may inspect all appliances inspertion by
2 described in the preceding section to determine if they are provided i'9i7,'5'i,''§''2.
3 with suitable spark arresters.
1 Section 23. Towns may construct, in co-operation with other towns Erection of
2 or with the commonwealth, forest fire observation towers, the situa- obserVatron
3 tion and construction of which shall be subject to the direction of the ia"9,"i20.
4 forester.
1 Section 24. Money appropriated by a town under section ele\'en of authm-fze™'"
2 chapter forty, for the prevention of forest fires, and all fines received \^^J{^^'
3 under sections eleven, thirteen and twenty-six of this chapter and sec- fgj^'lf-^?^-
4 tion nine of chapter two hundred and sixty-six shall be expended by the lois'. 257!
5 forest warden, under the supervision of the selectmen, in trimming 1919, 5.
522
FIRES.
[Chap. 48.
1920. 2; 269.
1923. 214.
1927, 280, § 3.
brush out of wood roads, in preparing and preserving suitable lines for 6
baek fires, or in other ways adapted to prevent or check the spread of 7
fire; or such town may expend any portion of such money in taking by 8
eminent domain such woodland as the selectmen, ui)on recommendation 9
of the forest warden, consider expedient to prevent forest fires. Such 10
taking and the payment of damages therefor or for injury to property, 11
other than by fire or back fire, shall be governed by chapter seventy- 12
nine. Every town, the valuation of which does not exceed one million 13
two hundred and fifty thousand dollars, which expends in any one year 14
a sum equal to one twentieth of one per cent of its valuation in the 15
extinguishment of forest fires, shall, upon the recommendation of the 16
forester, approved by the governor, receive from the commonwealth 17
one half of any additional sum expended by it in the extinguishment of 18
forest fires, pro\'ided that the total amoimt paid by the commonwealth 19
to any such town in any one year shall not exceed two hundred and 20
fifty dollars. In the event of a forest fire getting beyond the control of 21
a local forest warden, the forester or his assistant may take entire charge 22
of the extinguishment of such fire and engage all help and equipment 2.3
necessary therefor. All expenses thereby incurred in a town wherein a 24
fire occurs after the forester has so taken charge shall be divided equally 2.5
between such town and the commonwealth. The expenses aforesaid 26
shall be paid by the commonwealth upon presentation of pay rolls and 27
^•ouchers approved in such manner as the forester shall direct. One 28
half of any sums so paid shall be assessed and collected as a part of the 29
state tax of such town. 30
Duties of
forest wardens.
Posting
notices, etc.
1886, 296, § 3.
1897, 254, § 7.
R. L. 32,
§§ 18, 22.
1907. 475,
§S2, 5, 10.
1918, 257,
§ 160.
1919, 5.
1920, 2.
1931, 426,
§164.
Section 25. Except as provided in section twenty-four, every forest 1
warden shall have sole charge of the extinguishment of forest fires in 2
his city or town. He shall investigate the causes and extent of forest 3
fires and the injury done thereby, and shall report thereon to the for- 4
ester at such times and in such form as he requires. Every forest warden 5
shall also post in suitable places in the town such warnings against the 6
setting of forest fires and statements of law relating thereto as may be 7
supplied to him by the forester. The engineers or other officers in charge S
of fire departments in cities and in towns which have so voted shall 9
perform the duties and exercise the powers of forest wardens with 10
respect to forest fires. 11
de"troying' SECTION 26. Whoevcr wilfully and maliciously tears down or destroys 1
i897?254, 5 7. ^"Y "oticc postcd uudcr the preceding section shall be punished by a 2
R. h. 32, § 22. fiiie of ten dollars.
1907, 475, §§ 7, 10.
3
wh^n'noriffbf' Section 27. Forest wardens, their deputies and assistants shall not 1
for trespass. bc liable for trespass when engaged in the performance of their duties 2
under this chapter or chapter one hundred and thirty-two. 3
1907, 475, § 6.
Prevention of
forest fires.
Report.
1911, 722,
§§1,2.
1919, 350,
139.
Section 28. The state fire warden appointed under section five of 1
chapter twenty-one shall aid and advise the forest wardens and their 2
deputies in towns and the municipal officers exercising the functions 3
of forest wardens in cities in preventing and extinguishing forest fires 4
and in enforcing the laws relative thereto. The forester may designate 5
not more than fifteen assistants to aid the warden. The state fire warden G
ClIAP. 48.] FIRES. 523
7 shall report annually to the forester upon his work and upon the forest
8 fires occurring in the commonwealth. This report shall he included in
9 the report of the commissioner of conservation relative to the acts of
10 the forester.
1 Section 2SA. Upon written application of the county commissioners state fire
2 of any county which accepts this section by vote of said commissioners, pointment,
3 the state forester may appoint additional temporary officers in the divi- tain cou^nTfes.
4 sion of forestry or detail assistants to the state fire warden to such ^^'^^' ^**-
5 number as may be necessary, who shall patrol the forests in the towns
6 of such county, during those seasons of the year when forest fires are
7 likely to occur therein for the purpose of detecting and pre\enting such
8 fires. One half of the money expended under the provisions of this
9 section in any county shall be repaid to the commonwealth by said
10 county.
1 Section 2SB. Whenever it shall appear to the forester that by Patrolling
2 reason of extreme drought there is danger of forest fires, the forest towns in
3 warden of any town shall, upon order of the forester, cause the forests state aid to
4 of such town to be patrolled for the prevention of such fires in such I^^q] ^qq"^-
5 manner as the forester shall determine. The cost of such patrol shall be
6 paid by said town, subject to reimbursement by the commonwealth, if
7 the valuation of such town does not exceed one million two hundred and
8 fifty thousand dollars, as if incurred for the extinguishment of forest
9 fires as provided in section twenty-four.
ENGINEMEN AND HOSEMEN.
1 Section 29. The mayor of cities or the selectmen of towns which Selectmen, etc.,
2 are provided with fire engines may appoint enginemen, to hold office at engiMmen.
3 the pleasure of the authority appointing them, and may discharge them Int] tt',
4 for negligence in their duties. §§ i. 2.
1794, 43.
G. S. 24, §5 9, 17.
R. L. 32, § 26.
1805, 82.
P. S. 35, §§ 12, 21.
Ill Mass. 60.
B. S. 18, §§ 9, 18.
1 Section 30. Each company of enginemen so appointed shall meet Annual meeting
2 annually in May, choose a foreman and a clerk, and establish such RulMan"'' '
3 regulations, consistent with law, relative to their duty as enginemen, i7s,5.'42!§ 1.
4 as shall be approved by the aldermen or selectmen; and they shall § ;| 24; 1 12!
5 annex penalties thereto, not exceeding ten dollars, wdiich may be recov- ^ ^ ^^^ ^^ 27
6 ered by their clerk.
1 Section 31. Each company shall meet monthly, or oftener if neces- Meetings
2 sary, to examine their engine and its equipments and see that they are companies.
3 in good repair and ready for use. They shall, under the direction of the j^^*!; i|; 1 13.
4 firewards, extinguish any fire in their city or town.
G. S. 24, § 13. P. S. 35, § 16. 1925, 250, § 2.
1 Section 32. Upon application therefor by the proprietors of an en- selectmen,
2 gine, the mayor of a city or the selectmen of a town where it is owned engi'n°men to°
3 may appoint enginemen and use the engine as if it belonged to the town, i7g5^*42;°f3'.^^'
4 and shall determine where it shall be kept, if the proprietors do not agree g; |; ^|; | \f_
5 upon such place.
p. S. 35, § 17. R. L. 32, § 29. 127 Mass. 275.
524
FIRES.
[Ch.\p. 48.
If selectmen
refuse, com-
missioners
may appoint.
1824, 120. § 1.
R. S. 18, § 15.
G. S. 24, § 15.
P. S. 35, § 18.
R. L. 32, § 30.
127 Mass. 275.
Section 3.3. If the mayor or selectmen, upon such application, re- 1
fuse or delay for fourteen days to appoint enginemen, the proprietors 2
may apply therefor in writing to the county commissioners, giving writ- 3
ten notice to such mayor or selectmen seven days at least before the 4
sitting of the commissioners; and if sufficient cause is shown, the com- 5
missioners may appoint such enginemen. 6
Section 34. Enginemen appointed under either of the two preceding 1
sections, shall, if possible, live at or near the place where the engine is 2
3
Enginemen
to live near
engines.
R."'s.' 18, § 16.' kept, and shall have the privileges and exemptions of other enginemen
G. S. 24, § 16. P. S. 35, § 19. R. L. 32, § 31.
Hosemen.
1869, 92.
1870, 28.
P. S. 35, § 20.
R. L. 32, 5 32.
Section 35. Selectmen, engineers of fire departments and the board 1
of engineers of fire districts may, in towns having one or more steam 2
fire engines, or in which water for extinguishing fires is supplied from 3
hydrants or reservoirs, appoint not more than twenty men to each hose 4
carriage. 5
Certain call
men in fire de-
partments may
be appointed
to permanent
force.
1913, 487, § 1.
1914, 138.
1916, 119.
1923, 109.
242 Mass. 387.
Section 36. Any town which has accepted chapter four hundred and 1
eighty-seven of the acts of nineteen hundred and thirteen, and has a call 2
or part call fire department which now is or may hereafter be subject to 3
chapter thirty-one, may, on the recommendation of the board of engi- 4
neers of the fire department or of the officer or board having charge of the 5
fire department, promote to membership in the permanent force, without 6
civil service examination and without any probationary period of service 7
required under said chapter thirty-one and the rules and regulations made 8
thereunder, any persons then in the call or part call fire department who 9
have served as call men or part call men or substitute call men for five or 10
more successive years, and who are certified to be competent physically 1 1
for the duty by the town physician, if any, otherwise by a physician 12
designated therefor by the board of engineers or other authority, as 13
aforesaid. 14
^ppUcation of SECTION 37. The preceding section shall not apply to any town in 1
ms 487 which the promotion of call men to the permanent or regular force is 2
§§2,' 3. ' regulated by a special act relating to such town, nor to Boston. 3
of^JnlmlT Section 38. Enginemen or members of the fire department who 1
1834, 50, 1 2^ have served for one year preceding May first in any year, shall receive 2
G^ s! 24! § is! from the town a sum equal to the poll taxes paid by or for them and 3
R. L. 32, § 33. such further compensation as the town determines. 4
Chief engineer
and assessors
to certify lists.
Treasurers to
pay.
1834. 50, § 2.
R. S. 18, § 20.
G. S. 24, § 19.
P. S. 35, § 23.
R. L. 32, § 34.
Section 39. The chief engineer or other officer in charge of a fire 1
department, and the foreman or director of each company where no 2
fire department is established by law, shall annually on or before INIay 3
first certify to the assessors of their respective towns a list of all persons 4
in their department or companies who during the preceding year have 5
performed all the duties required by law. The assessors shall within 6
ten days thereafter examine such lists and certify to the treasurers of 7
their respective towns the amount to be paid to each person named 8
therein. Each treasurer shall, after deducting all taxes due from the 9
persons so named, pay the amount so certified to them, or, if minors, 10
to their parents or guardians. Upon refusal of the treasurer to pay 1 1
Chap. 4S.] fire departments. 525
12 any sum so certified, the person entitled may recover such amount in
13 contract.
1 Section 40. If such chief engineer or other officer wilfully refuses to Penalty for^.^
2 make such certificate, he shall forfeit for each person entitled to be so catot'efc?or'
3 certified not more than five dollars, to the use of such person, or, on ^Jf,*^'"^ '"^^
4 complaint, to the use of the town; and if such engineer or other officer J834' so, |3.
5 makes a false certificate in such case, he shall forfeit not less than twenty o. s. 24, 1 20.
6 nor more than fifty dollars. ^- ^- ^^' 5 ^s-
1 Section 41. The three preceding sections shall be in force only in Throep//;^;^^^
2 those towns which adopt the same by vote of their city council or at not to apply
, '^ . 1 • , 1 1 i 1 1 • unless aaoptea.
3 their annual town meetmg, or which have so adopted corresponding 1834, so, § 5^
4 provisions of earlier laws. If such adoption is revoked by the city g; | H] | if;
5 council or by the town at an annual meeting, said sections shall cease R.L.Ti.^fe.
6 to be in force.
fire departments.
1 Section 42. Towns accepting the provisions of this and the two Fire depart-
2 following sections or which have accepted corresponding provisions 01 certain towns,
3 earlier laws may establish a fire department to be under the control of '.^^°' ^^^'^l^^'
4 an officer to be known as the chief of the fire department. The chief ''°'"''
5 shall be appointed by the selectmen, and shall receive such salary as
6 the selectmen may from time to time determine, not exceeding in the
7 aggregate the amount annually appropriated therefor. He may be re-
8 moved for cause by the selectmen at any time after a hearing. He shall
9 have charge of extinguishing fires in the town and the protection of life
10 and property in case of fire. He shall purchase subject to the approval
11 of the selectmen and keep in repair all property and apparatus used for
12 and by the fire department. He shall have and exercise all the powers
13 and discharge all the duties conferred or imposed by statute upon engi-
14 neers in towns except as herein provided, and shall appoint a deputy
15 chief and such officers and firemen as he may think necessary, and may
16 remove the same at any time for cause and after a hearing. He shall
17 have full and absolute authority in the administration of the depart-
18 ment, shall make all rules and regulations for its operation, shall report
19 to the selectmen from time to time as they may require, and shall annu-
20 ally report to the town the condition of the department with his recom-
21 mendations thereon; he shall fix the compensation of the permanent and
22 call members of the fire department subject to the approval of the select-
23 men. In the expenditure of money the chief shall be subject to such
24 further limitations as the town may from tune to time prescribe.
1 Section 43. The chief of the fire department shall act as forest chief to act
2 warden in all such towns, and shall have authority to appoint deputy warden.
3 wardens and fix theu- compensation subject to the approval of the ^^^°' ^^^' ^*"
4 selectmen.
(Scope, 5 44.]
1 Section 44. The two preceding sections shall not affect the tenure Effect of two
2 of office nor apply to the removal of permanent and call members of fire scctToM°on
3 departments in towns which have accepted chapter thirty-one or corre- ewTsTr^ci^''
4 spending provisions of earlier laws. Said sections shall not apply to i92o. 591, § 29.
5 cities.
526
FIRE DEPARTMENTS.
[Chap. 48.
Engineers.
Appointment.
1S39, 138,
§§1,2.
1855, 128.
G. S. 24,
§1 23, 24.
P. S. 35,
§§ 28, 29.
1886, 113.
R. L. 32, § 38.
Section 45. The selectmen, except as provided in the three preceding 1
sections, may establish a fire department, and thereafter shall annually, 2
in April, appoint a suitable number of engineers, not exceeding twelve, 3
for one year from the following May first, and until others are appointed 4
in their stead; may, for cause, remove an engineer, after seven days' 5
notice to him and a hearing, and shall fill all vacancies. 6
101 Mass. 117. 216 Mass. 422. 2 Op. A. G. 253.
Section 46. They shall, immediately after such appointment, no- 1
9
Organization
of engineers.
is^|'i|s. §3. tify each of said engineers to meet at a time and place designated. _
p. s. 35,' § 30. At such meeting the engineers shall choose a chief engineer, a clerk and 3
R. L. 32, § 39. . 1 nn A
other necessary omcers. 4
Engineers to
have powers of
firewards: to
appoint engine-
men, etc.
1839, 138, § 4.
G. S. 24, § 26.
P. S. 35, § 31.
R. L. 32, § 40.
Ill Mass. 60.
Section 47. The engineers, in the extinguishment of fires, shall
exercise the powers of firewards, and in the nomination and appoint-
ment of enginemen shall exercise the powers and perform the duties of
selectmen. They may appoint such men to the engines, hose and hook
and ladder carriages, and constitute such companies for securing prop-
erty endangered by fire, as they deem expedient.
Organization
of enginemen,
etc.
By-laws, etc.
1839, 138, § 5.
G. S. 24, § 27.
P. S. 35, § 32.
R. L. 32, § 41.
Section 48. The engine, hose and hook and ladder men and pro- 1
tective companies may organize companies, elect officers and establish 2
such regulations and by-laws as the board of engineers approve; and 3
may annex penalties for the violation thereof, not exceeding ten dollars 4
for each offence, which may be recovered by the clerk to the use of the 5
company. 6
Privileges of
engineers, etc.
1839, 138, § 6.
G. S. 24, § 28.
P. S. 35, § 33.
R. L. 32, § 42.
Section 49. The engineers and all persons appointed by them shall 1
perform the duties, be subject to the liabilities and entitled to the privi- 2
leges and exemptions of enginemen appointed by selectmen. 3
Apparatus of
lire depart-
ments.
1888, 310,
5§1,2.
1898, 165.
R. L. 32, § 43.
Section 50. A town having a fire department or having a fire dis- 1
trict in which only the fire department thereof responds to the first 2
alarm of fire therein shall provide and keep in good condition and ready 3
for immediate use one or more of the following articles: a gun or other 4
suitable device capable of throwing a projectile with a cord attached 5
thereto over the top, or into the windows, of any building therein, with 6
all needful appliances for properly working the same; and a life net or 7
jumping net strong enough to break the fall of a person jumping from 8
the top story of such building. Such apparatus shall be taken to every 9
fire in a building over two stories in height. The engineers shall see 10
that a sufficient number of firemen are regularly trained in the proper 11
handling and use thereof. 12
Tmsio, § 3. Section 51. A town or the engineers thereof violating any pro- 1
R. L. 32, § 44. vision of the preceding section shall forfeit not less than fifty nor more 2
than five hundred dollars. 3
Engineers to
have care of
engines, etc.
1839, 138, § 7.
G. S. 24, § 29.
P. S. 35, § 34.
R. L. 32, § 45.
216 Mass. 422.
223 Mass. 473.
Section 52. The board of engineers shall have the care and super- 1
intendence of the public engines, hose, fire hooks, ladder carriages and 2
ladders, the buildings, fixtures and equipments, and of all pumps, reser- 3
voirs for water and apparatus owned by the town and used for extin- 4
guishing fires; and shall cause the same to be kept in rei)air or renewed, 5
and shall make necessary alterations therein and additions thereto at 6
t'lIAP. 4S.] FIRE DEPARTMENTS.
527
7 an expense not exceeding one hundred dollars in any one year, unless
8 the town has authorized a larger appropriation.
1 Section 53. They may make regulations as to the carrying of fire, Engineers may
2 firebrands, lighted matches or other ignited materials openly in the cl?r'y?ng 6re in
3 streets or thoroughfares of their town, or of such parts thereof as they i839,''i'38?§ 8.
4 may designate, or as to prohibiting owners or occupants of buildings p.f.ll.'ll?
5 within their town, or such jjart thereof as they may designate, from i««s. ||0-j ^^^
6 maintaining any defective chimney, hearth, oven, stove or stove pipe, i9i8, 291. § 33.
7 fire frame or other fixture, deposit of ashes or whatever may give just
8 cause of alarm or be the means of kindling or spreading fire. Whoever
9 violates any such rule or regulation shall forfeit not more than twenty
10 dollars.
1 Section 54. Thev mav make regulations, consistent with law, for other powers
' V, , 1 , p -i" ^ n 1 of engineers as
2 their own government and tor the conduct 01 citizens at tires, anu annex to preventing,
3 penalties for violation thereof not exceeding twenty dollars for each 1839, [||, 5 s.
4 offence, to be recovered by the chief engineer and appropriated to the ^JJtilU;
5 improvement of the fire apparatus of the town; but such regulations RL-32. §47.
6 shall be approved by the town and published as it may direct.
1 Section 55. A town which has established a fire department may Members of
2 vote to fix the term of office for the members of such department at one mlntl. ^
3 year from a designated day, and may at the same time determine the officT."
4 then current term of office of members of fire departments; but no term I,*";!!;
5 shall be made shorter than six or longer than eighteen months, and the I^^J^^'af 5 43.
6 incumbents shall hold office until others are appointed in their stead.
7 In such cases all provisions of this chapter referring to the month of
8 May shall be construed to refer to the first month of the year thus
9 designated.
ect
abor.
1 Section 56. Except in towns subject to section fifty-nine, any city g'^^/^J'j^^^
2 by ordinance and any town by by-law may establish the hours of labor iqoTs'is.Ti
3 of the members of its fire department.
1909,514, §§ 44, 145.
1 Section 57. Subject to section fifty-nine, members of the fire de- Samesubjeet.
2 partment of every city which accepted chapter five hundred and forty- i9'i2! 546.^ "'
3 six of the acts of nineteen hundred and twelve or chapter ninety-seven 1915', 97. '
4 of the General Acts of nineteen hundred and fifteen, shall be excused
5 from duty for one day out of every five days, without loss of pay. The
6 time and manner of so excusing members shall be determined by the
7 chief, or other officer or board at the head of the fire department, who
8 shall have authority, in case of any public emergency, to prevent any
9 member of the department from taking the day off herein provided for
10 at the time when he is entitled thereto or at the time assigned therefor;
11 but such day off shall be granted to him as soon thereafter as practicable,
12 and such days shall be in addition to any annual vacation allowed to the
13 members of said departments, and such annual vacation shall not be
14 diminished on account of the days off herein provided for.
1 Section 58. In every town which accepted chapter two hundred J^-Jf^f^Juefs
2 and ninety-one of the General Acts of nineteen hundred and sixi;een or ^ ^^e depan-
3 chapter one hundred and forty of the General Acts of nineteen hundred ewtaiyowns.
528
FIRE DEPARTMENTS.
[Chap. 48.
1917, 140.
1931,426, §165.
and seventeen, or in which the provisions of chapter thirty-one were, 4
on April third, nineteen hundred and seventeen, appHcable to the chief 5
of the fire department thereof, such chief shall hold his office continu- 0
ously during good behavior unless incapacitated by physical or mental 7
disability to perform the duties of his position; provided, that in every 8
such city the official having the power of appointment, with the con- 9
sent of the confirming board, if any, and in every such town, the select- 10
men, may, for just cause and for reasons specifically assigned by said 11
official or selectmen, remove such chief, first giving him a copy of such 12
reasons and allowing him a reasonable time to answer them in writing. 13
A copy of the reasons, notice and answer, and of the order of removal, 14
shall be filed with the town clerk. 15
Platoon
system.
1919, 132.
241 Mass. 305.
Section 59. The permanent members of the uniformed fire fighting
force in every town which accepts this section or has accepted corre-
sponding provisions of earlier laws shall be divided by the fire commis-
sioner, board of fire commissioners, chief engineer, board of engineers,
or other officers having charge of the fire fighting force into two bodies
or platoons, which shall be designated as a day force and a night force,
and shall alternate on tours of duty every third day.
The hours of duty of the day force shall be from eight o'clock in the
forenoon to six o'clock in the afternoon, and the hours of duty of the
night force shall be from six o'clock in the afternoon to eight o'clock in
the forenoon; provided, that on every third day, for the purpose of
alternating the day force with the night force and vice versa, the number
of hours of duty herein stated may be exceeded, but one force shall be
at liberty at all times, except that in case of a conflagration the officer or
board having charge of the fire fighting force shall have full authority
to summon and keep on duty all members of the fire fighting force while
the conflagration continues.
This section shall not aff'ect any law, ordinance or by-law relative to
salary, pensions, annual vacations or sick or disability leave of absence
of the members of the fire fighting force in any town subject to this
section. Sections fifty-six and fifty-seven shall not ap])ly to the perma-
nent members of the uniformed fire fighting force in any such town.
All ordinances or by-laws, or parts thereof, afi'ecting the number that
may be appointed as members of a fire fighting force, or the meal hours
or days off of the members of the fire department of any such town,
shall have no force after its acceptance becomes eft'ective.
Upon petition of not less than ten per cent of the registered voters in
any town, duly certified by the registrars of voters and filed with the
state secretary not less than thirty days before any state election, the
state secretary shall cause to be printed upon the official ballot to be
used in such town at such state election the following question: "Shall
section fifty-nine of chapter forty-eight of the General Laws, providing
for the division into day and night forces of permanent members of fire
departments, known as the two platoon system, be accepted?" If a
majority of the votes cast on the said question in any town are in the
affirmative, this section shall take efi'ect in such town ninety days
thereafter.
1
o
o
O
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
f^dll7n- Section 59A. Cities, towns and fire districts may, by ordinance or 1
n.ents to calls bv-]aw, or bv vote of the board of aldermen, selectmen or of the pru- 2
lor aid from ,' • , ' . 11 ..... 1 • xl • o
other cities, deiitial Committee or board exercising similar powers, authorize their o
Chap. 48.] fire districts. 529
4 respective fire departments to go to aid another city, town or fire dis- 192.5, 250. 5 1.
5 trict in extinguishing fires therein, and while in the performance of '^^^' '^®'
6 their duties in extending such aid the members of such departments
7 shall have the same immunities and privileges as if performing the same
8 within their respective cities, towns or districts. Any such ordinance,
9 by-law or vote may authorize the head of the fire department to extend
10 such aid, subject to such conditions and restrictions as may be prescribed
11 therein. The words "fire departments" as used in this section shall
12 mean lawfully organized fire fighting forces, however constituted.
13 Any city, town or district aided under and in accordance with this
14 section may compensate any city, town or district rendering aid as
1.5 aforesaid for the whole or any part of any damage to its property sus-
16 tained in the course of rendering the same and may reimburse it in whole
17 or in part for any payments lawfully made to any member of its fire
18 department or to his widow or other dependents on account of injuries
19 or death suffered by him in the course of rendering aid as aforesaid
20 or of death resulting from such injuries.
RESERVE FIRE FORCES IN CITIES.
1 Section 59B. Any city, except Boston, in which the city council, fgas'^'iis'"^"''
2 with the approval of the mayor, accepts this and the two following sec-
3 tions, may establish a reserve force of firemen in its fire department;
4 and appointments thereto and removals therefrom shall, subject to
5 chapter thirty-one, be made in the same manner as appointments to the
6 regular or permanent force of the fire department of said city.
1 Section 59C. The number of members of such reserve force shall ^"mbers"'
2 not exceed five in cities in which the number of members of the regular i^^s, 218.
3 force does not exceed fifteen. If the number of members of the regular
4 force exceeds fifteen, one member may be added to the reserve force for
5 every three of the regular force above fifteen and not above thirty; one
6 for every fi\-e of the regular force above thirty and not above eighty;
7 and one for every ten of the regular force above eighty.
1 Section 59D. The mayor, chief of the fire department or the officer Assignment
2 or board having charge of the said department in a city wherein such to duty. "'
3 reserve force is established may assign the members thereof to duty in igTsTliI^"""'
4 the said department whenever and for such length of time as he or it
5 may deem necessary. The compensation of the members of said reserve
6 force shall be fixed by the city council. Except as provided in this and
7 the two preceding sections, no provision of law applicable to the regular
8 or permanent fire force of the fire department of a city shall apply to
9 such reserve force or the members thereof except when assigned to duty
10 as aforesaid.
fire districts.
1 Section 60. Fire departments may be established in districts con- Firedcpart-
2 taining not less than one thousand inhabitants, or not less than five districts!
3 hundred inhabitants in towns the population of which does not exceed g .".' 24,% 33!
4 two thousand; and the officers thereof shall have charge of and be r l 32 ^''49
5 responsible for the apparatus for the extinguishment of fire therein, in looe, 63.'
6 the same manner as firewards and enginemen of towns.
530
FIRK DISTRICTS.
[Chap. 48.
Establishment
of fire districts.
1844, 152, § 2.
G. S. 24, § 34.
P. S. 35, § 41.
R. L. 32, § 50.
Section 61. Before a district is constituted and organized, a peti- 1
tion shall be presented to the town at a meeting, stating the limits of the 2
proposed district, and requesting the town to raise taxes for the estab- 3
lishment and maintenance of a sufficient fire department for the reason- 4
able protection of the inhabitants and property within said limits. If 5
the town refuses or neglects so to do, the inhabitants of the proposed 6
district may organize it and establish a fire department therein. 7
Selectmen to
call meeting
upon request.
1844, 152, § 3.
G. S. 24, § 35.
P. S. 35, § 42.
R. L. 32, § 51.
Section 62. The selectmen, on written application of not less
than seven freeholders, inhabitants of such proposed district, setting
forth the limits thereof, and requiring them to notify a meeting of the
voters thereof to consider the expediency of organizing such district and
establishing a fire department, shall forthwith give such notice in the
manner of notifying town meetings, requiring the voters to assemble at
some suitable place within the district for said purpose, the substance of
which shall be expressed in the notice. If the selectmen refuse or neglect
to give notice of such meeting, a justice of the peace may do so.
Voters.
Clerk,
duties.
Temporary
clerk.
Notice to
commissioner
of corporations
and taxation.
1844, 152, § 4,
G. S. 24, § 36.
1865, 257.
P. S. 35, § 43.
R. L. 32, § 52.
1928, 5.
Section 63. If at such meeting the ^'ote^s determine to organize 1
such district, they shall choose a clerk, who shall be sworn. He may 2
be removed by the district, and in case of a vacancy another may be 3
chosen; or in such case, or in case of his disability, the selectmen may 4
appoint a temporary clerk, who shall be sworn and shall perform such 5
duties until the vacancy is filled or the disability removed. Immedi- 6
ately upon the establishment of such a district, written notice thereof 7
shall be sent by the clerk to the commissioner of corporations and tax- 8
ation. *J
Meeting may
establish fire
department.
1844, 152, § .5.
G. S. 24, § 37.
P. S. 35, § 44.
R. L. 32, § 53.
Section 64. The district at such meeting may vote to establish a
fire department, to consist of a chief engineer and as many assistant
engineers, enginemen, hosemen and hook and ladder men as they may
consider necessary, not exceeding seventy-five for each suction engine,
thirtj'-five for each common engine, five for each one hundred and fifty
feet of leading hose kept for use within the district, and not exceeding
twenty-five hook and ladder men. Each of said officers and members
shall be furnished with a certificate, signed by the chief engineer and
clerk, declaring his station in the department.
^jjipneers, how Section 65. The chief engineer and assistant engineers shall be
1844, 152, § 6. chosen annually by the district, and shall be sworn.
G. S. 24, § 38. 1S71, 25. P. S. 35, § 45. R. L. 32, § 54.
Meetings of
fire district,
how called and
conducted.
1844, 152, § 7.
G. S. 24, § 39.
P. S. 35, § 46.
R. L. 32, § 55.
182 Mass. 433.
Section 66. District meetings shall be called by the clerk, when re- 1
quested in writing by the chief engineer or by two assistant engineers or 2
by seven voters; the clerk shall give notice thereof by posting written 3
notices, briefly stating the purpose of the meeting, in at least six public 4
places in the district not less than seven days prior to the meeting, or by 5
pul)lishing the same in a newspaper, if any, published in the town in (>
which the district is situated. At each meeting a moderator shall be 7
chosen, who shall have the powers of the moderator of a town meeting. 8
After the choice of a clerk he shall preside at subsequent meetings with 9
like powers until a moderator is chosen. K'
Ch,\P. 48.] FIRE DISTRICTS. • 531
1 Section 67. The registrars of voters of towns containing fire dis- voting lists for
i "^^^ , . , . • !• ■ J I !• i- elections in fire
2 tricts, or the prudential committee in districts composed oi portions districts.
3 of two or more towns, shall, at least ten days before the annual fire dis- §§ i;2^ '
4 trict election, make correct alphabetical lists of all persons qualified I'jtyfts.
5 to vote at such election; shall cause such lists to be posted in two or fj gg ■f;f.
6 more public places in said district; and shall correct said lists in the
7 same manner as they are required by law to correct voting lists for
8 town elections.
1 Section 68. Section eight of chapter fortv-one and sections eighty- Certain
1 1 1 ■ r. 1 nc I' 1 11 I j_ ^ election laws
2 three and one hundred and six oi chapter hity-iour shall apply to fare to apply to fire
.. . districts.
3 districts.
1871, 124, § 3. P. S. 35. § 49. R. L. 32, § 58.
1 Section 69. Such districts may, at meetings called therefor, raise Fire districts
2 money by taxation for the purchase of engines and other articles neces- money for
3 sary for the extinguishment of fires, for hydrant and water service, for engfneTetc.
4 the purchase of land, for the erection and repairs of necessary buildings, g.*s.' 24,^'§ 43^
5 for the erection and maintenance of street lamps within their limits, }|f*; Hf ^ j
6 for the payment of a proper charge of an insurance company for acting ^^^^ ^Sj^S si-
7 as surety on an official bond which may be given to such district by wo^; 76. ^^
8 any of its officers, and for other incidental expenses of the fire depart- 154 Mass. 450.
9 ment. The prudential committee of such district may accept an in-
10 surance company as sufficient surety upon such bond.
1 Section 70. Such districts may by ordinary vote incur debts for Temporary
2 temporary loans in anticipation of the taxes of the municipal year in isset^so.
3 which such debts are incurred and of the receipts from other sources ms'mII's.^s^'
4 due in such year, and expressly made payable, by vote of the district, ^^^ ^^''^^- *^-
5 from such taxes and receipts.
1 Section 71. Such districts shall choose a prudential committee, Prudential
2 which shall expend, for the purposes prescribed by the district, the Trra"sure1-°'
3 money so raised or borrowed, and shall choose a treasurer, who shall a^s.' 24^543.'
4 give bond for the faithful performance of his official duties in a sum J||^; f|f; ^ ^•
5 and with sureties approved by the prudential committee. He shall p ^- f^
6 receive all money belonging to the district, and shall pay over and |ig|^',,|i
7 account for the same according to its order or that of the prudential r. l'. 32, § ei.
8 committee.
1 Section 72. If the treasurer is prevented from performing his Temporary
2 official duties, or if the office is vacant, the prudential committee may fsTI,"!"!, § 3.
3 in writing appoint a temporary treasurer, who shall give a bond in like R.L.II'.lel'.
4 manner as the treasurer and shall hold his office until another is chosen.
1 Section 73. The clerk shall certifv to the assessors of the town all Assessment,
..." 111 III ^ ' money
2 votes of the district authorizing interest to be added to taxes and all rased by Sre
3 sums of money voted to be raised, which shall be assessed and collected 1344. 1.52. § 13.
4 in the same manner as town taxes, and shall be paid over to the district is7o, 332.
5 treasurer. The assessors, treasurer and collector of a town in which \l]l] {fj;
6 such district is organized shall have the same powers and perform the p^^l'gl.^jll;
7 same duties relative to the assessment and collection of the money voted R };i^\ji^'
8 bv the fire district as they have and exercise relative to the assessment, "s Mass. 527.
'' 219 Mass. 46.
532
FIRE DISTRICTS.
[Chap. 48.
collection and abatement of town taxes, and the sums so voted shall be 9
assessed upon the property, real and personal, within the district. 10
fngiMersto SECTION 74. The board of engineers may make and publish rules 1
Sipoint'engine- ^'^^ regulations as provided in case of fire departments by sections 2
men. etc fifty-threc and fifty-four. It may appoint and remove enginemen, 3
5§8,'ii. ' hosemen and hook and ladder men, and fill vacancies in the companies. 4
G. S. 24, § 40. p. S. 35, § 55. R. L. 32, § 64.
Powers of
engineers and
liability of
district for
their acts.
1844, 152. § 9.
G. S. 24. § 41.
P. S. 35. § .56.
R. L. 32, § 65.
Section 75. Engineers shall have and exercise within their dis- 1
trict the powers and authority of firewards of towns relating to the 2
extinguishment of fires and the demolition of buildings; and districts 3
shall be liable in the same manner for acts done by such engineers, or 4
by their orders, as towns for acts done by firewards. 5
ofTiemberfof' Section 76. Mcmbcrs of the fire department of such district shall 1
ment*''""^'' havc thc immunities and privileges of firewards and enginemen of towns, 2
Compensation, and sliall reccivc such compensation as the district determines. 3
1844. 152,
G. S. 24, i
(§10,14.
42.
P. S. 35, § .57.
R. L. 32, § 66.
be^'app/oved, Section 77. No by-law, rule or regulation adopted by a fire district
1844 1.52 5 15 imposing a penalty shall be in force until approved by the attorney
G.s.'24. §45. general and published at least three times in one or more newspapers,
R. L. 32, § 67. if any, published in the town; otherwise,
' ' ■ published in the county where the fire district is situated.
in one or more newspapers
Penalties, how
recovered, etc.
1844, 1.52,
§§8, 15.
G. S. 24, § 46.
P. S. 35, § 59.
R. L. 32, § 68.
Section 78. Penalties under any of the four preceding sections 1
may be recovered in tort in the name of the chief engineer and appro- 2
priated to expenses of the fire department of the district, or on com- 3
plaint or indictment to the use of the commonwealth. If the chief 4
engineer dies, resigns or removes during the pendency of such action, 5
it shall not abate, but his successor shall be admitted to prosecute it. 6
Residence in the district shall not disqualify a judge, juror or officer in 7
such action. 8
exdudeperaons Section 79. A di-strict, at a meeting called therefor, may annex
?L^I*'?,'-fl' « 1 adiacent territory and its inhabitants, if a majority of the voters of
1845,2.37, §1. J . ■'. . ,,..,,.. J p
G. s. 24.^§47. said territory petition therefor, denning the limits tnereot; or may on
P. s.'35."'§60. the petition of any person, with the assent of the town containing such
108 Mass. 142. district, exclude him or his estate therefrom.
heretofore Section 80. Fire districts heretofore legally organized shall con- 1
g^s'^'m'*? 48 tinue and be subject to the provisions of this chapter relative to fire 2
p.s.35.'§(ii.' districts. 3
R. L. 32, § 70.
FIREMEN S RELIEF.
Appropriation
for rehef of
firemen.
Disbursement.
189U. 4.50,
5§ 1. 2.6.
1891. 274,
§§ 1. 2. 6.
1892. 177,
5§ 1, 2, 6.
Section 81. The sum of eighteen thousand dollars may be paid 1
annually from the state treasury to furnish relief to firemen injured in 2
the performance of their duty at a fire or in going thereto or returning 3
therefrom, or while engaged in company drills, when such drills are 4
ordered by the chief, acting chief or board of engineers of the fire de- 5
Chap. 48.] fires, fire departments and fire districts. 533
0 i)artmcnt, or required by city ordinance or town by-law, and to widows R. t>. 32.
7 and children of firemen killed in the performance of such duty. Pay- ino2,io8', Vi.
8 ments on account of said relief shall be determined in manner and amount, lyoe! Tii. § 1.
9 on properly approved vouchers, by the commissioners on firemen's relief, \l\j |p ,21,
10 in the same maimer as other claims against the commonwealth. Five fg/g gj
] 1 hundred dollars of tiie amount herebv authorized mav be expended for 55 '■ 2,^. . ,„
, ,. , . . , , ■ !■ • 1 • • 1919, J50. 5 30.
12 the traveling and incidental expenses 01 said commissioners.
223 Mass. 270. 3 Op. A. G. 279.
2 Op. A. G. 2.53. 393. 4 Op. A. G. 427, 544.
[For appointment of commissioners see Chap. 10, § 21.]
1 Section 82. Any officer or member in active service in an iiicor- Members of
2 porated protective department co-operating with a fire department, asTociatTo'iis,
3 and any person performing the duties of a fireman in a town having no b/nefits'"'''^ '°
4 organized fire department, shall be entitled to the benefits provided by }ggj; ^u, § t
5 the preceding section.
1892, 177, § 4. R. L. 32, § 74. 2 Op. A. G. 253.
1 Section 8.3. If a person entitled under either of tlie two preceding Allowance to
2 sections to the benefits provided in section eighty-one is killed, or dies ffrem™, etc..
3 within sixty days from injuries received, while in the performance of i^nlurlS'^''"''"^
4 duties entitling him to such benefits, and his death is certified to the }^g^' ^j^-
5 comptroller by the town clerk and the attending physician or medical fggo lie^^^'
6 examiner, the comptroller shall certify for payment to the executor or isss! 362,' § 54.
7 administrator of such person, out of the appropriation annually made for ibsb! 182! § 3.
8 the purpose, the sum of twenty-five hundred dollars for the use equally of ^ ''^ ' '
9 his widow and minor children; or if tiiere are minor children but no
10 widow, to their use; or if there is no minor child, to the use of the widow;
1 1 and if there is no widow or minor child, to the use of the next of kin if
12 dependent on such deceased person for support. A child of full age
13 dependent upon such person for support shall be regarded as a minor
14 child. No payments shall be made under this section or section eighty-
15 one on account of the death of a member of the fire department of a city
16 or town in respect to which compensation is payable under section eighty-
17 nine of chapter thirty-two.
special provisions.
1 Section 84. No association, society or club organized as firemen Firemen's dubs
2 shall be established in any town except by written permission of the estabUsireti
3 aldermen or selectmen. "°''"'^' ""•
1855. 161, § 1. G. S. 24, § 49. P. S. 35, § 62. R. L. 32, § 78.
1 Section 85. Whoever joins, belongs to or assembles with such penalty for
2 association, society or club established without such permission shall authorized
3 be punished by a fine of not less than five nor more than one hundred \^^^^ jgi § 2.
4 dollars or by imprisonment for not more than three months.
G. S. 24, § 50. p. S. 35, § 63. R. L. 32, § 79.
1 Section 86. The two preceding sections shall be in force in those Two preceding
2 towns only which adopt them or have adopted corresponding provi- onb'°where """^
3 sions of earlier laws. ""'"p"^''' ""•
1855, 161, § 3. G. S. 24, § 51. P. S. 35, § 64. R. L. 32, § 80.
534
[Chaps. 48, 49.
Fire depart-
ment equip-
ment, stand-
ardization.
1924, 343.
GENERAL PROVISIONS.
Section 87. The department of public safety may make rules and
regulations providing for the standardization throughout the common-
wealth of threads on fire hose couplings, fittings and hydrant outlets for
public fire protection. The state fire marshal shall prepare said rules and
regulations and submit them to the commissioner of public safety, and
they shall take efl'ect subject to section thirty-seven of chapter thirty
when approved by said commissioner and by the governor and council
and on such dates as they may fix.
CHAPTER 49.
FENCES, FENCE VIEWERS, POUNDS AND FIELD DRIVERS.
Sect.
fences and fence viewers.
1. Fence viewers, appointment and term
of office.
2. Fences defined.
3. Adjoining occupants to maintain fences.
4. Proceedings on neglect, etc., of party.
5. Remedy against adjoining owner for
repair of fence.
6. Controversies as to repairs, etc.
7. Remedy for failure to erect, etc., por-
tion of fence.
8. Compensation for repairing more than
just sliare.
9. Fences, how and where made, when
lands are bounded by water.
10. Improved land in common, without
partition fences, may be divided.
Maintenance of fences. Land, how laid
con;imon.
Purchase of right in fence.
If unimproved land is enclosed, etc.,
person benefited shall pay, etc.
14. Fence viewers may establish division
lines, when.
15. Removal of fence to and rebuilding on
true line.
16. Fence viewers, when fences are on town
lines.
17. Water fences, how made.
18. Fence viewers may determine whether
fence is required.
19. Penalty for fence viewer's neglect of
dut.v.
20. Fees of fence viewers.
11.
12.
13.
Sect.
spite fences.
21. Fence deemed private nuisance, when.
POnNDS AND I.VIPOnNDING OF CATTLE.
FIELD DRIVERS.
22. Pounds to be maintained.
23. Penalty for injuring same.
24. Beasts at large without keeper to be
taken up.
25. Beasts to be impounded.
26. Fees of field driver and pound keeper.
27. Such fees to be paid by owner of beasts.
28. Impounding of beasts on premises of
field driver.
29. Distraint of beasts doing damage.
30. Impounding of such beasts.
31. Person distraining to state demand.
32. Beasts not delivered until costs paid.
33. Notice to be given owner or keeper.
34. Notice to be posted and published.
35. Determination of disputed amount.
36. Same subject.
37. If not paid, beasts to be sold.
3S. Disposition of proceeds.
39. Escaped or rescued beasts may be re-
taken.
40. Penalty for rescuing beasts distrained.
41. Legality of distress, how tried.
42. Rams and he-goats, when not to go at
large.
Fence viewers,
appointment
and term of
office.
1693-4, 7, § 1.
1785, 52, § I.
K. S. 15, § 33;
19. 6 le.
FENCES AND FENCE VIEWERS.
Section 1. The mayor of each city, subject to confirmation by the
city council, and the selectmen of each town shall annually appoint two
or more fence viewers, to hold office for one year and until their suc-
cessors are qualified.
G. S. 18, § 31. R. L. 11. § 331. 191S, 291, §§ 13, 26.
P. S. 27, § 78. 1913, S35, § 400.
Chap. 49.] fences. 535
1 Section 2. Fences four feet \v^h, in good repair, constructed of rails, Fences defined.
2 timber, boards, iron or stone, and brooks, rivers, ponds, creeks, ditciies iwi-4. 7'. 5 1.'
3 and hedges, or other things which the fence viewers consider equivalent r*!.' i9.' § t
4 thereto, shall be deemed legal and sufficient fences.
G. S. 23. 51.' R. L. 33, § 1. 207 Mass. 12.
P. S. 36, § 1. 9S Mass. 560.
1 Section 3. The occupants of adjoining lands enclosed with fences Adjoining occu-
2 shall, so long as both of them improve the same, maintain partition faVn le'nceT'"'
3 fences in equal shares between their enclosures, unless they otherwise 1742-3,^33.*"
4 agree.
178.5, 52, §§ 2, 3. p. S. 36. §§ 2, 8. 4 Met. 5S9. 134 Mass. 227.
R.S. 19, §§2,8. R. L. 33, §2. 4 Gray. 215. 154 Mass. 587.
G.S.25, §52,8. 2 Met. 180.
1 Section 4. If a person refuses or neglects to repair or rebuild the Proceedings on
2 part of a partition fence which under this chapter he is required to oflarty.'^''^"
3 maintain, any person aggrie\'ed may complain to the fence viewers, m93-i!7!ti-
4 who, after notice to each party, shall view the fence; and if they deter- \ltl'%^\2.
5 mine that it is insufficient and that a partition fence is required, they § |- If | i'-
6 shall so state in writing to the delinquent occupant, and direct him to ises. iso. § i-
7 repair or rebuild his part within such time as the fence viewers may p- s ' 36, § 3.
8 determine; and if the fence is not so repaired or rebuilt, the complain- 1918,257,
9 ant, after having repaired or rebuilt his part of said fence, may repair or fg'ig^'s.
10 rebuild the part of such occupant.
1920, 2. 6 Allen. 437. 210 Mass. 248.
14 Pick. 276. 134 Mass. 227.
1 Section 5. If a deficient fence which has been built up or repaired fg'LTns'J^adioin-
2 by a complainant is, after due notice to each party, adjudged sufficient j."^a°r'"('f/°Je
3 by the fence viewers, and the value of the part of the delinquent occu- J^^l' 52. § 3.
4 pant, together with the fees of the fence viewers, has been ascertained by g'. s. 25,' § t.
5 a certificate under their hands, the complainant may demand either of r. l. 33, § 4.
6 the owner or of the occupant of the land where the fence was deficient uli^^^'
7 double the amount so ascertained; and upon the neglect or refusal to \lll[ 2!
8 pay the same for one month after demand, he may recover the same, fpiek^sos'
9 with interest at one per cent a month, in an action of contract. 1* P'ci'- 276.
11 Met. 496. 6 Allen, 437. 131 Mass. 431. 134 Mass. 227.
1 Section 6. When any dispute arises concerning the part of a parti- Controversies
2 tion fence which under this chapter each party is required to build or tlc° "^^f"""'''
3 maintain, either party may apply to the fence viewers, who, after notice Htl'^^^^s.
4 to each party and a hearing, may in writing assign to each his share g- g 25' 1 5
5 thereof, and may direct the time within which each party shall erect or ? |- 36, § 5
6 repair his share; which assignment, being recorded in the office of the 1918,257,
7 town clerk, sliall be binding upon the parties and upon the succeeding 1919, 5.
8 occupants of the lands. ^^"°' ^'
11 Met. 496. 174 Mass. 524. 221 Mass. 198.
11 Gush. 450. 210 Mass. 248.
1 Section 7. If a person refuses or neglects to erect and maintain the Remedy for
2 part of a fence assigned to him by the fence viewers, it may be erected etc."portion°
3 and maintained by the adjoining occupant, and if adjudged sufficient legl^'; >, § i.
4 by the fence viewers, he shall be entitled to double the value thereof, ilH^Mf^i's.
5 which shall be ascertained and recovered in the manner aforesaid. ^- s- 1^- ^ ^-
G. S. 25, § 6.
1918, 257 § 164.
U .Met. 496.
P. S. 36, § 6.
1919, 5.
210 Mass. 248.
R. L 33 § 6.
1920. 2.
221 Mass. 19S.
536
FENCES.
[Chap. 49.
Compensation
for repairing
more than
,iu3t share.
R. S. 19, § 7.
G. S. 25, § 7.
IS63, 190, § 1.
1870, 376.
P. S. 36, § 7.
R. L. 33, § 7.
14 Pick. 276.
206 Maes. 454.
Section 8. If a partition fence is required under this chapter between
the lands of adjoining occupants, and either of them has, before com-
plaint made, voluntarily erected the whole fence or more than his just
share thereof, or has otherwise become proprietor thereof, the fence
viewers may order the other occupant to pay the value of so much
thereof as may be assigned to him to repair or maintain, to be ascertained
and recovered as provided in this chapter.
Fences, how
and where
made, when
lands are
bounded by
water.
17-10-1, 19,
§ 1.
1745-6, 17.
1752-3, 17.
1760-1, 21.
1770-1, 5.
1775-6, 14.
1779-80, 18.
1785, 52, § 4.
R. S. 19, § 9.
G. S. 25, § 9.
P. S. 36. § 9.
R. L. 33, § 8.
11 Met. 496.
Section 9. If lands of different persons, required under this chapter
to be fenced, are divided by a river, brook, pond or creek, and one of the
occupants refuses or neglects to join in making a partition fence, or they
disagree respecting the same, the fence viewers shall, upon application,
forthwith view such river, brook, pond or creek; and if they determine
that it is not sufficient as a fence, that it is impracticable to fence on the
true boundary line without unreasonable expense, and that a partition
fence is required, they shall, after notice to the parties, determine how or S
on which side the fence shall be set up and maintained, or whether partly 9
on the one side and partly on the other, as to them may appear just, and 10
shall reduce their determination to writing; and if either party refuses or 11
neglects to make and maintain his part of the fence according to such 12
determination, it may be made and maintained as before provided, and 13
the delinquent party shall be subject to the same costs and charges, and 14
thev shall be recovered in like manner. 15
Improved land
in common,
without par-
tition fences,
may be
divided.
1785, 52, § 5.
R. S. 19, § 10.
G. S. 25, § 10.
1863, 190.
1870, 376.
P. S. 36, § 10.
R. L. 33, § 9.
131 Mass. 431.
154 Mass. 587.
Section 10. If land belonging to two persons in severalty has been 1
occupied in common without a partition fence, and one of the occupants 2
desires to occupy his part in se\'eralty, and the other occupant refuses or 3
neglects on demand to divide the lijie where the fence ought to be built, 4
or to build a sufficient fence on his part of the line when divided, the 5
party desiring it may have the same divided and assigned by the fence 6
viewers in the manner provided in this chapter; and the fence viewers 7
may in writing assign a reasonable time, having regard to the season, for 8
making the fence; and if the occupant complained of does not make his 9
part of the fence within the time so assigned, the other party may, after 10
having made up his part of the fence, make up the part of such occupant, 1 1
and recover therefor double the sum total of the expense thereof and fees, 12
as provided in section five. 13
Maintenance
of fences.
Land, how
laid common.
1822, 60.
R. S. 19. § 15.
G. S. 25, § 11.
P. S. 36, § 11.
R. L. 33, § 10.
1 Cush. 11.
134 Mass. 227.
Section 11. If a division of fence between the owners of improved 1
land has been made either by fence viewers or under an agreement in 2
writing between the parties which has been recorded in the office of the 3
clerk of the town, the several occupants of such land and their heirs and 4
assigns shall erect and maintain said fences agreeably to such division; 5
but if a person lays his land common and determines not to improve any 6
part adjoining the fence so divided, and gives six months' notice of his 7
determination to all the occupants of adjoining land, he shall not be 8
required to keep uj) or maintain said fence during the time that his land 9
lies common and unimproved. 10
riSun^fence. Section 12. If ouc pcrsou ccascs to iuiprovc his land or hu's opcn his 1
1698' 12' 1 4' enclosure, he shall not take away any part of the jxirtition fence belong- 2
1742-3,33. ing to him and adjoining the next enclosure if the occupant or owner 3
ClIAP. 49.] FENCES. 537
4 pays the reasonable value thereof, as tletermined in writing hy the fence ^^^^-f^' |['-
5 viewers.
G. S. 25, §12. P. S. 36, §12. R. L. 33, §11. 154 Mass. 587.
1 Section 13. If unenclosed land is afterward enclosed or used for dc- Jf unimproved
. , 1 11 f I II" r 1 i'i- land IS onclosed,
2 pasturing, the occupant or owner shall pay tor one hair or each partition etc person
3 fence standing upon the line between it and the enclosed land of any pay! etc.
4 other occupant or owner, the ^■aIue thereof, as determined in writing by fngg; \l] 1 1\
5 the fence viewers; and if thereupon such occupant or owner neglects or lyll^gof^je.
(i refuses, for thirty days after demand, to pay one half of the value, the fgj- J^k^ '^'
7 proprietor thereof may maintain an action of contract therefor and for g.s.'25, §13.
8 the costs of ascertaining the same; but the occupant or owner of unen- rX. 3.3, § 12.
9 closed land on the island of Nantucket used only for depasturing shall not 154 Mass. ssr.
10 be subject to this section.
1 Section 14. If the division line between lands of respective occupants Fence viewers
2 is in dispute or unknown, the fence viewers may designate a line on which divfsfonlines,
3 the fence shall be built, and may employ a surveyor therefor; and such Tses! i90. § 1.
4 line shall, for the purpose of maintaining a fence, be deemed the division r l.^3WY3.
5 line between such lands until it is determined that the true line is in ;15^J?!^S?■
6 another place, and until so determined all laws relative to the erection, m Mass. 524.
7 maintenance and protection of fences shall be applicable to the fence
8 erected or to be erected on such line.
1 Section 15. If it is determined that the true division line is in an- Removal of
2 other place, each occupant shall remove his part of the fence to, and and rebuilding
3 rebuild the same on such line; and in case of neglect or refusal by either i8G3^,"i9o?'§' 2.
4 to remove and rebuild his share thereof, the other may apply to the fence r.'l.^'s, "u.
5 viewers, who shall \'iew the premises and assign a time within which the
6 fence shall be removed and rebuilt, and shall give the delinquent party
7 notice thereof; and if such party does not remove and rebuild the fence
8 within the time so assigned, the other party may remove and rebuild the
9 same and recover double the expense thereof, with the fees of the fence
10 \iewers, to be ascertained and recovered in the manner provided in sec-
1 1 tion five.
1 Section 16. If the line upon which a partition fence is to be made or Fence viewers,
2 divided is a boundary line of a town or is partly in one and partly in Trc^ontown
3 another town, a fence viewer shall be taken from each place. "'"'^•
1785, 52, § 6. G. S. 35, § 14. R. L. 33, § 15.
R. S. 19, § 13. P. S. 36, § 16.
1 Section 17. A water fence, or fence running into the water, shall, ^^^'"3^"!'^^'
2 unless otherwise agreed by the parties, be built by them in equal shares; J^^^ja^^y^ ^■
3 and they shall have like remedies as in case of partition fences. R. s.' 19,' § li.
G. S. 25, § 15. P S. 36, § 17. R. L. 33, § 16. 11 Met. 496.
1 Section 18. Fence viewers, when called upon to act under any sec- Fence viewers
2 tion of this chapter, may determine whether a partition fence is required. "-hethlrYencr
1S63, 190, 5 1. 1870, 376. P. S. 36, § 14. R. L. 33, § 13. "s required.
1 Section 19. A fence viewer who, when requested, unreasonably Penalty for
2 neglects to perform any duty required of him in this chapter shall for- neglect of duty.
3 feit five dollars, to be recovered in tort to the use of the town, or on com- n53-4,^29,V i.
538
POUNDS AND FIELD DRIVERS.
[Chap. 49.
plaint to the use of the commonwealth, and shall also be liable for all
1756-7. 24.
R.*s.' 19,' § 17. damages to the party injured
G. S. 25, § 16.
P. S. 36, § 18.
R. L. 33, § 17.
Fees of fence
viewers.
1698, 12, § 1.
1753-4, 29, § 1,
1756-7, 24.
1785, 52, § 8.
R. S. 19, § 18.
G. S. 25, § 17.
1862, 93.
P. S. 36, § 19.
R. L. 33, § IS.
1931. 234.
11 Met. 496.
Section 20. Each fence viewer shall be paid at the rate of five dollars
a day for the time during which he is employed, but his fee for services in
any one case shall not be less than one dollar. Such payment shall be
made by all or by such of the parties in dispute, and in such proportions,
as shall be determined by a certificate in writing under the hands of the
fence viewers acting in each case. If any person required to pay the
wliole or any portion of said fees neglects to pay the fence viewers within
tiiirty days after the certificate has been delivered, they may recover in
tort double the amount of the fees due from such delinquent person.
Fence deemed
private nui-
sance, when.
1887, 348.
R. L. 33, § 19.
148 Mass. 368,
407.
150 Mass. 482.
162 Mass. 543.
SPITE FENCES.
Section 21. A fence or other structure in the nature of a fence which
unnecessarily exceeds six feet in height and is maliciously erected or main-
tained for tiie purpose of annoying the owners or occupants of adjoin-
ing property shall be deemed a private nuisance. Any such owner or
occupant injured in the comfort or enjoyment of his estate thereby
may have an action of tort for damages under chapter two hundred
and forty-three.
Pounds to be
maintained.
C. L. 124.
1698, 6, § 1.
1728-9, 5.
POUNDS AND IMPOUNDING OF CATTLE. FIELD DRIVERS.
Section 22. Each town may provide and maintain one or more
pounds. The mayor or selectmen may appoint a pound keeper for each
pound and one or more field drivers for the town.
1788, 65. § 1.
1834, 184, § 1.
R. S. 15, § 33; 19,
§§ 16, 19-21.
1848, 272.
G. S. 18, §31; 25, S§ 18, 20.
P. S. 27, § 78; .36, §§ 20, 22.
R. L. 11, §334; 33, §20.
1913, 835, § 400.
1918, 291, §§ 14, 26.
6 Allen, 408.
Penalty for SECTION 23. Whocvcr wilfully injures a pound shall be punished by 1
mT'illi^TI. a fine of not more than fifty dollars or by imprisonment for not more 2
than three months. -^
P. S. 36, § 21. R. L. 33, § 21.
R. S. 19, § 24
G. S. 25, § 19.
Beasts at large
without keeper
to be taken up.
1698, 6, § 2.
1788,44, § 2;
65, § 2.
1793, 19.
1834, 184, § 4.
R. S. 19, § 22.
G. S. 25, § 21.
P. S. 36, § 23.
R. L. 33, § 22.
21 Pick. 187.
23 Pick. 251.
12 Met. 198.
Section 24. Every field driver shall take up horses, mules, asses, neat
cattle, sheep, goats or swine going at large in the public ways, or on
common and unimproved land within his town and not under the care
of a keeper; and any other inhabitant of the town may take up such
cattle or beasts so going at large on Sunday, and for taking up such
beasts on said day the field driver or such other inhabitant of the town
may in tort recover for each beast the same fees which the field driver is
entitled to receive for taking up like beasts.
12 Cush 98 1 Allen, 270. 131 Mass. 426.
2 Grav, 178. 3 Allen, 39.
4 Grav, 314, 345. 6 Allen, 408.
16 Gray, 264.
174 Mass. 565.
222 Mass. 119.
1
Beasts to be
impounded.
1788, 65, § 2.
1834, 184, § 4.
R. S. 113, § 1.
Section 25. Beasts so taken up by a field driver or such inhabitant 1
shall be forthwith imjxjunded, and while so impounded shall be furnished 2
with suitable food and water. 3
G S 25 § 22. 12 Met. 198. 4 Gray, 312.
P.' S.' 36,' § 24.
R. L. 33, § 23.
) Cush. 263.
12 Cush. 98, 103.
16 Gray, 264.
6 Allen, 408.
Chap. 49.] pounds and field drivers. 539
1 Section 26. The field driver shall be entitled to ten cents each for JV^'^o'^fi^id
2 sheep and goats and fifty cents each for other beasts so taken up by him, pound keeper.
3 and the pound keeper shall be entitled to four cents each for animals im- nm', isi. §4.
4 pounded in the pound; but if more than ten sheep are taken up at the a s! il!*'! 23!
5 same time, the fees of the field driver for all above that number shall be p^f/gg^^j 25.
6 only five cents each.
R. L. 33, § 24. 131 Mass. 426.
1 Section 27. The pound keeper shall not deliver to the owner any Suc-i. foe.^ to be
, , ., , 1 ■ 1 • p j_i i? pi'« by owner
2 beast so impounded until the owner pays him his tees, the expense oi of beasts.
3 keeping the beasts, and the fees of the field driver, which, when received, r.'s.' ii3,' § t
4 he shall pay to the field driver.
G. S. 25, 5 24. R. L. 33, § 25. 21 Pick. 187. 5 Gush. 263.
1 Section 28. Beasts taken up by a field driver in a town which adopts impounding of
2 this section or has adopted corresponding provisions of earlier laws may isef of seiS'^'^™'
3 be impounded on his own premises; and for the purposes of this chapter ?869"366.
4 he shall be considered a pound keeper, and such place on his premises r. l. ss'.^ls.
5 shall be considered a town pound relative to beasts therein impounded.
1 Section 29. If a person is injured in his land by hor.ses, mules, asses. Distraint of
^ 11. • 1 1 • J ■ beasts doing
2 neat cattle, sheep, goats or swine, he may recover his damages in an damage.
3 action against the owner of the beasts or by distraining the beasts doing Jyte-?; 24! ^ ^'
4 the damage and proceeding therewith as hereinafter directed; but if the }g|*; il^^fg.
5 beasts were lawfully on the adjoining lands and escaped therefrom through g | U^'y^f.
6 neglect of the person injured to maintain his part of the division fence p s. 3^^' § 2^^
7 the owner shall not be liable nor the beasts distrained.
5 Greenl. 356. 4 Met. 589. 114 Mass. 466.
6 Mass. 90. 13 Met. 407. 126 Mass. 364.
16 Mass. 33. 12 Gush. 98. 131 Mass. 426.
21 Pick. 55. 10 Allen, 544. 134 Mass. 510.
1 Section 30. Beasts so distrained shall be impounded in the pound 'fP^Xbeafts
2 or in some suitable place under the immediate care and inspection of the ci^i- i^'^^g^-
3 distrainor, and he shall furnish them with suitable food and water while nss. 65, § 3.
. , . . , , 1834, 184, § 5.
4 they remain impounded.
R. S. 113. §5. P. S. 36, §28. 13 Met. 407.
G. S. 25, § 26. R. L. 33, § 27. 126 Mass. 364.
1 Section 31. If the beasts are impounded in the pound, the distrainor Person dis-
2 shall leave with the pound keeper a memorandum in writing, under his state'dfmand.
3 hand, stating the cause of impounding and the amount which he demands J^g*; i|4,^§\
4 from the owner for the damage done by them, and also for the daily g- 1- V^^\\f_
5 charges of feeding them; and if they are impounded in any other place, p s. 36. S^sa
6 he shall on demand give a like memorandum to the owner.
21 Pick. 187. 12 Met. 198. 10 Allen, 544.
23 Pick. 251. 13 Met. 407. 126 Mass. 364.
1 Section 32. The pound keeper shall not deliver the beasts to the Beasts not de-
2 owner until his fees, the amount so demanded by the distrainor for the cosTs'pa^S.
3 damages and charges aforesaid, the expense, if any, of advertising, and lil^J; ul; 1 1.'
4 all other legal costs and expenses have been paid to him.
G. S. 25, § 28. P. S. 36, § 31. R. L. 33, § 30. 5 Gush. 263.
540
POUNDS.
[Chap. 49.
Notice to be
given owner
or keeper.
C. L. 18, § 3;
125; 146, § 3.
1698, 6, § 3.
1788, 65, § 4.
1834, 184, § 6.
R. S. 113, § 8.
G. S. 25, § 29.
P. S, 36, § 32.
Section 33. Whoever impounds beasts shall, within twenty-four
hours thereafter, give notice in writing, containing a description of the
beasts and a statement of the time, place and cause of impounding, to
the owner or person having the care of them, if known and living within
six miles of the place of impounding, by delivering it to him or leaving
it at his place of abode.
3 Allen, 39.
10 Allen, 544.
131 Mas3. 426.
R. L. 33, I 31.
21 Pick. 187.
23 Pick. 251.
12 Met. 118, 198.
7 Cush. 355.
2 Gray, 178.
Notice to be
posted and
published.
1834, 184, § 6.
R. S. 113, §9.
G. S. 25, § 30.
P. S. 36, § 33.
R. L. 33, § 32.
12 Met. 198.
3 Allen, 39.
Section 3-4. If there is no person entitled to such notice, the person 1
impounding the beasts shall, within forty-eight hours thereafter, post a 2
like notice in a public place in tlie town and in a public place in each of 3
any two adjoining towns, if witiiin four miles from the place where the 4
beasts were taken; and if their value exceeds thirty dollars and no 5
person claims them within seven days after the day of impounding, a 6
like notice shall be published three weeks successively in a newspaper, 7
if any, published within twenty miles of the pound, the first publication 8
to be within fifteen days after the day of impounding. 9
Determination SECTION 35. If the owuer or keeper of the beasts is dissatisfied with
of disputed '-^ . , . 1 1 1 i 1 i i>
amount^ ^ the claim of the person impoundnig them, he may have the amount tor
1788; 65: § i. which he is liable determined by two disinterested persons, who shall
r!*!'. 113, 1 lb. be appointed and sworn by a justice of the peace or by the town clerk.
G. S. 25, § 31. p. S. 36, § 34. R. L. 33, § 33.
Same subject.
1703-4. 10.
1788, 65, § 4.
1834, 184, § 6.
R. S. 113, § 11
G. S. 25, § 32.
P. S. 36, 5 35.
R. L. .33, § 34.
21 Pick. 55.
Section 30. If the amount for which the beasts have been impounded
and detained is not paid within fourteen days after notice of the im-
pounding has been given as before directed, or after the last publication
of such notice, the person who impounded them shall apply to a justice
of the peace or to the town clerk, who shall issue a warrant to two dis-
interested persons, to be appointed and sworn by the justice or clerk,
and they shall determine the amount due from the owner or keeper of
the beasts for the damages, costs and expenses for which they have been
impounded and detained, including reasonable compensation for their
own services.
i
S
9
10
If not paid,
beasts to be
Bold.
C. L. 146, § 3.
1703-4, 10.
1788, 65, § 4.
1834, 184, § 6.
Section 37. If the amount so determined is not paid forthwith, the
person who impounded the beasts shall cause them to be sold by auction
in the town where impounded, first advertising the sale by posting a
notice thereof for twenty-four hours at some public place in such town.
R. S. 113, § 12.
G. S. 25, § 33.
P. ,S. 36. 5 36.
R. L. 33, § 35.
21 Pick. 55.
Disposition of
proceeds.
C. L. 146, § 3.
1703-4, 10.
1757-8, 10.
1760-1, 21,
1770-1, 5.
Section 38. The proceeds of the sale, after paying all damages,
costs, expenses and charges for advertising and scUing the beasts, shall
be deposited in the town treasury for the use of the owner, upon proof
of his right thereto within two years from the sale.
1775-6, 14.
1779-80, 18.
1788, 6.5, § 3,
1834, 184, § 6.
R. S. 113. § 13.
G. S. 25, § 34.
P. S. 36, § 37.
R. L. 33, § 36.
Escaped or SECTION 39. If beasts lawfully distrained or impounded escape or are
may be re- rcscucd, the pouud keeper, field driver or other person wlio distrauied
i834?i84, § 7. them mav, within seven davs thereafter, retake, hold and dispose of
g: s; 25, '§ 35. ■ them as if there had been no escape or rescue.
p. S. 36, § 38.
R. L. 33. § 37.
Chap. 49.] pounds. 541
1 Section 40. Whoever rescues beasts lawfully distrained or impounded J'<''"»!«y f""-
2 shall be liable in tort to any person injured for all damages sustained ^'■'',''''','2!!' 5 ,
3 thereby and the fees and charges incurred before the rescue; and he iots^h. §'4.
4 shall also be punished by a fine of not less than five nor more than issiiisi, §8.
5 twenty dollars.
R. S. 113, § 15. R. L. 33, § 38. 17 Mass. 342.
G. S. 25, § 36. 1 Mass. 168. 6 Pick. 514.
P. S. 36, § 39. 4 Mass. 471. 5 Cush. 267.
1 Section 41. The defendant in an action for rescuing beasts dis- Lreaiuy of
2 trained or impounded shall not be allowed to allege or give in evidence trfeT'^'
3 the insufficiency of the fences or any other fact or circumstance to show {^^l.'ffs.Vie
4 that the distress or impounding was illegal, but if there is such ground p| H'Ho
5 of objections to the proceedings he may avail himself thereof in an action ^Magg^^li''^-
6 of replevin.
5 Pick. 514. 5 Cush. 267.
1 Section 42. If the owner of a ram or he-goat suffers it to go at large Rams and he-
2 out of his enclosure between July first and December twenty-fifth, he to go'a" lafge."
3 shall, if prosecuted within thirty daj's next after such ram or he-goat i^^s.' ?9,' 1 23.
4 is found going at large, be punished by a fine of five dollars. ^- ^- ^^' * 38.
p. S. 36, § 41. R. L. 33, § 40. 256 Mass. 1.
542
PRIMARIES, CAUCUSES AND ELECTIONS.
[Chap. 50.
TITLE VIII.
ELECTIONS.
Chapter 50. General Provisions relative to Primaries, Caucuses and Elections.
Chapter 51. Voters.
Chapter 52. Political Committees.
Chapter 53. Nominations, Questions to be submitted to the Voters, Primaries and
Caucuses.
Chapter 54. Elections.
Chapter 55. Corrupt Practices and Election Inquests.
Chapter 56. Violations of Election Laws.
Chapter 57. Congressional, Councillor and Senatorial Districts, and Apportion-
ment of Representatives.
CHAPTER 50.
GENERAL PROVISIONS RELATIVE TO PRIMARIES, CAUCUSES AND
ELECTIONS.
Sect.
DEFINITIONS.
1. Definitions.
DETERMINATION OF RESULTS.
2. Results of elections, how determined.
provisions AFFECTING CONSTRUCTION OF
st.\tutes.
3. Elections in cities to be on Tuesdays.
4. Time, how computed in election laws.
5. Posting of lists, notices, etc.
Sect.
6. Application of laws relating particularly
to any city or town.
POWER OF ALDERMEN OR SELECTMEN TO
MAKE REGULATIONS.
7. Ballot boxes, etc. Regulations as to
use.
PRESUMPTION OF REGULARITY IN CRIMINAL
CASES.
8. Presumption in criminal cases that reg-
istration, election, etc., was regular.
DEFINITIONS.
Definitions.
18S8, 436, § 1.
1889, 413, § 1.
1890, 423. § 1.
Aldermen.
1911, 550, § 1.
1913, 835, § 8.
1920, 154.
1931, 426,
§ 166.
Caucua.
Section 1. Terms used in chapters fifty to fifty-seven, inclusive, shall 1
be construed as follows, unless a contrary intention clearly appears: 2
1892, 351. § 1 ; 416, § 6. 1S97, 530, § 1.
1893, 417, §5 2, 231. 1898, 548, | 1.
1894, 504, § 1. R. L. 11, § 1.
1895, 449, §3:489, §2; 507, §1.
1907, 560, § 1.
1913, 835, § 1.
250 Mass. 188.
"Aldermen" or "hoard of aldermen" shall include the board of elec-
tion commissioners or election commission of any city having such a
board or commission, as to all matters coming within the scope of their
powers and duties, and as to such matters shall not apply to the city
council of such city.
"Caucus" shall apply to any public meeting of the voters of a pre-
cinct, ward or town, held under the laws relating to caucuses.
Chap. 50.] primaries, caucuses and elections. 543
10 "Caucus officers" shall apply to chairmen, wardens, secretaries, Cau™s
1 1 clerks and inspectors, and, when on duty, to additional officers appointed °
12 or elected, or elected to fill a vacancy, and taking part in the conduct of
13 caucuses.
14 "City clerk" shall include the board of election commissioners or Citycjerk
15 election commission of any city having such a board or commission, iaot, .mo, s s.
1() with reference to all matters coming within the scope of their powers lolg; »<!; § is
17 and duties, and as to such matters shall not apply to the city clerk of \gfl] ]^26,
18 such city. _ ^ "*'^-
19 "City election" shall apply to any election held in a city at which a rny eipction.
20 city officer is to be chosen by the voters, whether for a full term or for the '^''''
21 filling of a vacancy.
22 "Convention" shall apply only to a meeting of delegates duly chosen Convention.
23 in primaries or caucuses, representing two or more subdivisions of the
24 district for which the convention is held.
25 "Direct plurality vote" shall mean the highest total vote, determined ^u^auty vote.
26 according to section two, received for a nomination at the primaries or
27 caucuses in an entire electoral district.
28 " Election " shall apply to the choice by the voters of any public officer Election.
29 and to the taking of a vote upon any question by law submitted to the
30 voters.
31 "Election officer" shall apply to wardens, clerks, inspectors and ballot ^^^'j.™
32 clerks, and to their deputies when on duty, and also to selectmen, town °
33 clerks, moderators and tellers when taking part in the conduct of elec-
34 tions.
35 "Listing board", a board established by special law in a particular Listing
36 city or town to prepare lists of persons of voting age resident in the city 1923. 131, § a.
37 or town and perform certain other duties in connection with said lists.
38 "Maioritv", with reference to a question on the ballot, shall mean Majority.
,1 ' I If 1? xl J.- iU J.- 213 Mass. 153.
39 more than one halt or those voting upon the question.
40 "Mayor" or "mayor and aldermen" shall include the board of elec- Mayor, etc.
41 tion commissioners or election commission of any city having such a iiio7, 5m, § s.
42 board or commission, with reference to all matters coining within the Jnao; 154'. ^ *'
43 scope of their powers and duties, and as to such matters shall not apply j^i'ee.*'^'''
44 to the mayor or city council of such city.
45 "Municipal party" shall apply to a party, not a political party as to Municipal
46 state elections or state primaries, which at the preceding city or town w'rl. 454. §1.
47 election polled for mayor or a selectman at least three per cent of the I931; 3^4, ^ "'^
48 entire vote cast in the city or town for that office, or, in a city, which 5 ^i*-
49 files with the city clerk, at least sixty days before the annual or biennial
50 municipal election, a petition to be allowed to place nominations of
51 such party on the official ballot, signed in person by a number of regis-
52 tered \ oters of the city equal at least to three per cent of the entire vote
53 polled in the city for mayor at the preceding election.
54 "Official ballot" shall mean a ballot prepared for any primary, caucus official baiiot
55 or election by public authority and at public expense.
50 "Political committee" shall applv only to a committee elected as Political
T •* 1 /'I' /• • 1 11 1 committee.
57 provided m chapter fitty-two, except that in chapter littj--nve it shall also isna, 416, § 6.
58 apply, subject to the exception contained in section thirty-eight thereof, §231
59 to e\ery other committee or combination of five or more voters of the ^^2ii.
60 commonwealth who shall aid or i)romote the success or defeat of a j^gj^^; \^^^^ 2^^-
61 political party or principle in a public election or shall favor or oppose fjn" 75.3 | ^
62 the adoption or rejection of a question submitted to the voters. laie! lei.
1928, 212, 5 1. Op. A. G. (1920) 41.
544
PRIMARIES, CAUCUSES AND ELECTIONS.
[Chap. 50.
Political party.
1912. 398, § 1.
1919, 269, § 1.
198 Mass. 340.
Presiding
officer.
Primary.
1903, 454, § 1.
Registrars,
1898, 548, § 9.
R. L. 11, § 8.
1907, 560, § 8.
1913, 835, 5 8.
1918, 293, § 29.
1919, 289, ' '
1920, 154.
1931,426,
State election.
§ 18.
§166.
State officer.
Town.
Two leading
political
parties.
1912, 398, § 2.
1919, 269, § 1.
Voter.
Written
acceptance.
1914, 454, § 1.
"Political party" shall apply to a party which at the preceding bi- 63
ennial state election polled for governor at least three per cent of the 64
entire vote cast in the commonwealth for that office; but when a can- 65
didate for governor receives two or more nominations for that office 66
"political party" shall apply only to a party which made a nomination 67
at the preceding state primary and which in said primary polled at least 68
three per cent of the entire vote for nomination for governor therein cast 69
in the commonwealth. With reference to municipal elections and pri- 70
maries and caucuses for the nomination of city and town officers, "po- 71
litical party" shall include a municipal party. 72
" Presiding officer" shall apply to the warden or chairman at a caucus, 73
to the warden, chairman of the selectmen, moderator, temporary mod- 74
erator or town clerk in charge of a polling place at a primary or election, 75
or to a justice of the peace acting as moderator at a town meeting, or, 76
in the absence of any such officer, to the deputy warden or the clerk or 77
senior inspector or senior selectman present who shall have charge of a 78
polling place. 79
"Primary" shall apply to a joint meeting of political or municipal 80
parties held under the laws relating to primaries. 81
"Registrars" or "registrars of voters" shall mean the board of regis- 82
trars of voters of a city or town, and shall include the board of election 83
commissioners or election commission of any city having such a board 84
or commission, with reference to all matters coming within the scope of 85
their powers and duties. "Registrar" shall, when applicable, mean a 86
member of any of said boards. 87
"State election" shall apply to any election at which a national, state, 88
or county officer is to be chosen by the voters, whether for a full term or 89
for the filling of a vacancy. 90
"State officer" shall apply to any person to be chosen at a state 91
election. 92
"Town" shall not include city. 93
"Two leailing political parties" shall apply to the political parties 94
which elected the highest and next highest number of members of the 95
general court at the preceding biennial state election. 96
"Voter" shall mean a registered voter. 97
"Written acceptance" shall mean acceptance signed personally or by 98
attorney duly authorized in writing. 99
Results of
elections, how
determined.
Const, amend.
14.
(Const. Rev.
art. 36.)
1856, 1.57.
1857, 185.
G. S. 7, § 14.
P. S. 7. § 25.
1890, 423. 5 96.
1893, 417. 8 3.
1898, 548. § 2.
R. L. 11, § 2.
1907, 560, § 2.
DETERMINATION OF RESULTS.
Section 2. In elections, the penson receiving the highest number of 1
votes for an office shall be deemed and declared to be elected to such 2
office; and if two or more are to be elected to the same office, the several 3
persons, to the number to be chosen to such office, recei\ing the highest 4
number of votes, shall be deemed and declared to be elected; but persons 5
recei\ing the same number of votes shall not be deemed to be elected if 6
thereby a greater number would be elected than are to be chosen. This 7
section shall apply to all nominations and elections by ballot at primaries 8
or caucuses. 9
1913, 835, §§ 2, 113, 148.
250 Mass. 188.
CllAP. 50.] PRIMARIES, CAUCUSES ANT) ELECTIONS. 545
PROVISIONS AFFECTING CONSTRUCTION OF STATUTES.
1 Section 3. All elections in cities wiiich bv charter or statute are to Eioctionsin
1 II 1 1 I 1 1 c 11 • rn 1 citica to be on
2 be held on a Monday shall be held on the tollowmg 1 uesday. Tuesdays.
1S74 37fi, § 53. 1890, 423, § 142. 1898, 548. § 3. 1907, 560, § 3.
PS. 7. §67. 1893, 417, §4. R. L. 11, § 3. 1913, 835, § 3.
1 Section 4. In computing the period of time prescribed in any stat- J™;;;,|';ji„
2 ute relating to primaries, caucuses or elections, Sundays and holidays fi<Hion hiws.
3 shall generally be included; but when the last day of such period falls J^^t-^~^ ' ^
4 on a Sunday or on a holiday, the following day shall be considered the ma, 417, 5 5.
5 final day of such period; and when the first day of such period falls on r."*; it*§^4*
6 a Sunday or on a holiday, the day preceding shall be considered the fir.st \l%' |f ■ ^ ■*■
7 day of the period. Whenever the day designated for a primary, caucus i^is, 835, § 4.
8 or election is a holiday, said primary, caucus or election shall be held
9 on the following day.
1 Section 5. All lists, notices and copies of laws relating to primaries f^°^^^'^l^l^^
2 or elections, required to be posted, shall be posted at the same places f|'-j2 75rT37
3 with the voting lists, or as near as may be thereto.
1893,417,5 8. R. L. 11, §7. 1913,835,5 7.
1898, 548, 5 7. 1907, 560, § 7.
1 Section G. Laws from time to time in force relating particularly to ,^pp''^'^^^j<?^ "'
2 any city or town shall prevail where they are in conflict with the provi- particularly to
3 sions of chapters fifty-one to fifty-seven, inclusive; but, except as other- otUwiT.
4 wise provided by any such law, said chapters and all other statutes in r. u n.'s's."
5 any way concerning the right to vote at primaries, caucuses or elections, |^°^; Ifl] I f
6 or its exercise, or matters incidental thereto, shall apply to such city or lUffH^^^-
7 town, in addition to the laws particularly applicable thereto.
1919, 5; 108, § 22; 289, § 12. 1920, 2. 1931, 426, § 167.
POWER OF ALDERMEN OR SELECTMEN TO MAKE REGULATIONS.
1 Section 7. Boards of aldermen or selectmen may make regulations Ballot boxes.
2 consistent with law relative to the use of ballot boxes and seals, count- ^l^^^ as''?o'use.
3 ing and other apparatus, the receiving of ballots and the counting and }||*; ||f • | ^|;
4 returning of votes.
1893, 417, 5U26, 155, 205. R. L. 11, § 9. 1913, 835, 5'9.
1898, 548, § 8. 1907, 560, § 9.
PRESUMPTION OF REGULARITY IN CRIMINAL CASES.
1 Section 8. In any criminal prosecution for the violation of any presumption in
2 law relating to the assessment, qualification or registration of voters, thaTJegis-"'"'^
3 to voting lists or ballots or matters pertaining thereto, or to primaries, Sn.Tt'e!'™
4 caucuses or elections or matters pertaining thereto, the presumption Ymo^m,
5 shall be that every proceeding or official act was valid, regular and »g'3' |j7'_
6 formal; but evidence may be introduced either to rebut or support the ^^^O'^^^
7 presumption. As to an alleged election or primary, the testimony of 5§i6, ii."
8 the city or town clerk, and as to an alleged caucus, the testimony of §516,11.
9 the presiding officer, secretary or clerk thereof, that such election, pri- \llf If^] ^ ^■
10 mary or caucus was held, shall be prima facie evidence that the same fj,|,°s35_
11 was regularly and duly held. 55 lo, u-
1918, 257, § 10. 1919, 5. 1920, 2.
546
VOTERS.
[Chap. 51.
CHAPTER 51.
VOTERS.
Sect.
1.
2.
QUALIFICATIONS OF VOTERS.
Qualifications of voters.
Vote by woman whose name has been
changed.
Place of registration and voting.
ASSESSMENT OF POLL TAXES AND LISTS OF
PERSONS ASSESSED.
4. Assessors to make lists of persons
liable to a poll tax and of women
voters, etc.
5. Assessors to transmit lists to registrars
and collectors, etc.
6. Assessors of cities and certain towns
to prepare street lists, etc.
7. Form and contents of street lists.
8. Assessment of persons not previously
assessed.
9. Certain persons desiring to be regis-
tered to present statement to as-
sessors, etc.
10. Sessions of assessors.
11. Records to be kept.
12. Copies of sections prescribing penal-
ties to be posted.
13. Assessments to be subject to abate-
ment, etc.
14. Names, etc., of certain persons to be
sent to registrars.
14A. Assessment of poll taxes and making
of certain lists in certain cities.
REGISTRARS OF VOTERS.
15. Registrars in certain cities and towns,
appointment, term of office, etc.
16. Registrars in small towns.
17. Registrars in certain cities, appoint-
ment, term of office, etc.
18. Registrars, political representation.
19. Equal representation to be preserved.
20. Temporary vacancies.
2 1 . Registrars, term of office.
22. Assistant registrars in cities, appoint-
ment, etc.
23. Registrars, oath of office, etc.
24. Powers and duties, etc.
25. Registrars, etc., not to hold other
office.
SESSIONS FOR REGISTRATION.
26. Sessions of registrars.
27. Sessions before primaries.
28. Sessions on last day.
29. Registration for special elections.
29A. Sessions prior to special primaries.
Sect.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
43.
44.
45.
46.
47.
Sessions in towns.
Registration when final day falls on
Sunday or holiday.
Notices of sessions for registration,
etc.
DUTIES OF REGISTRARS.
Any registrar may examine appli-
cants, etc.
Not to enter names on registers after
close of registration, except, etc.
Notices of omitted assessments to be
compared, etc.
Records to be kept in general register.
Annual register, entries, arrangement,
etc. Exception.
Revision and correction of registers.
Notice of error to be transmitted to
assessors. Exception.
Sessions for registration and records
to be open to public.
Documents to be preserved.
MANNER OF REGISTRATION.
Persons whose names are not on
annual register must apply in per-
son, etc.
Male applicant to present tax bill or
certificate, etc.
Examination of applicants for regis-
tration. Oath. Registration slips,
etc.
Registration of naturalized citizens.
Registration of minors.
Applicants to be notified of rejection,
etc.
ILLEGAL OR INCORRECT REGISTRATION.
48. Complaint and examination by regis-
trars.
49. Examination of persons, etc.
SUPPLEMENTARY REGISTRATION OF SOL-
DIERS AND SAILORS.
50. Supplementary registration of sol-
diers and sailors.
51. Certificate of supplementarj' registra-
tion, and voting thereon.
MAINTENANCE OF ORDER AND REGULARITY.
52. Authority of registrar.
53. Police officers at meetings.
54. Supervisors of registration, appoint-
ment, etc.
CiiAP. 51. J
VOTERS.
547
Sect.
55.
56.
57.
VOTING LISTS.
Voting lists, contents, arrangement,
etc.
Names of certain voters to be placed
at end of list.
Posting of voting lists. Copies of
lists, when furnished to state com-
mittees.
Sect.
58.
59.
60.
61.
G2.
63.
Additional names to be posted or pub-
lished.
Certificate in case of omission or error.
Voting lists for use at polls.
Returns of assessed polls, registered
voters, etc.
Voting list for use at caucus.
List of voters before a new division of
a city into wards.
QU.'i.LIFICATIONS OF VOTERS.
1 Section 1. Every citizen twenty-one years of age or older, not ^"^"f™"™^
2 being a pauper or person under guardianship and not being temporarily Const^amend.
3 or permanently disqualified by law because of corrupt practices in 28, 30-32." '
4 respect to elections, who can read the constitution of the commonwealth art". 31-34.)'
5 in English and write his name, and who has resided in the common- Hil; ?04, \' 1.
6 wealth one year and in the city or town where he claims a right to vote g; || | }; j
7 six months last preceding a state, city or town election, and who has p^*;^''!'!?^-
8 complied with the requirements of this chapter, may have his name 27^52.^^ "
9 entered on the list of voters in such city or town, and may vote therein §5 1-3. '
10 in any such election or, except in so far as restricted in any town in is9o!423;
11 which a representative town meeting form of government has been il/i'.lgl^^si.
12 established, in any meeting held for the transaction of town aft'airs. No jfl.'lfg! '
13 other person shall have his name entered upon the list of voters or ha\-e Jfg^il^g'^W
14 the right to vote; except that no person who is prevented from reading fg^L' j^^^ 12.
15 or writing as aforesaid by a physical disability, or who had the right to isoT^secK
IG vote on May first, eighteen hundred and fifty-seven, shall, if otherwise i9i3,'835,'
17 qualified, be deprived of the right to vote by reason of not being able i92o"'579!§ 2.
18 so to read or write; and no person who, having served in the army or I9ii;f2°6,'5i68.
19 navy of the United States in time of war, has been honorably discharged iso Mass. 413.
20 from such service, if otherwise qualified to vote, shall be disqualified ^^Op^a. g.
21 therefrom on account of receiving or having received aid from any city Op\a.g.(1920)
22 or town, or because he is exempted by section five of chapter fifty-nine
2.3 from the assessment of a poll tax; and no person otherwise qualified to
24 vote for national or state officers shall, by reason of a change of residence
25 within the commonwealth, be disqualified from voting for such officers
26 in the city or town from which he has removed his residence until the
27 expiration of six months from such removal. A married woman dwelling
28 or having her home separate and ajjart from her husband shall for the
29 purpose of voting and registration therefor be deemed to reside at the
30 place where she dwells or has her home.
1 Section 2. If the name of a female who is dulv registered as a voter Vote by woman
. „ 1 • 1 i • 1 whose name has
2 is changed by marriage or by decree 01 court, her right to vote in her been changed.
3 former name shall continue until April first next following. 1924; loe.
1 Section 3. A person qualified to vote in a city or town divided into Place of
Till • 11 *l J registration
2 wards or voting precincts shall be registered and may vote in the ward andvotog.
3 or voting precinct in which he resided on April first preceding the elec- §'§4,' 6." '
4 tion, or, if he became an inhabitant of such city or town after said April 55 20, 21.
5 first, in the ward or voting precinct in which he first became a resident, jflg.^ai*;
IS86, 264, § 5.
1890, 423, § 4.
1892, 351, §4.
1893, 417, § 15.
1898. .548, 5 15.
R. L. 11, § 14.
1907, 560. §§14, 456.
1909, 440, § 2.
1913, 835. §§ 14, 503.
1 Op. A. G. 09.
548
VOTERS.
[Chap. 51.
Assessors to
make lists of
persons liable
to a poll tax
and of women
voters, etc.
1882, 247.
1884. 298,
§8 26, 34.
188.5. 271, § 1.
1886, 68, § 1;
264, § 3.
1889, 196;
404, § 1.
1890, 42.3, § 11.
1892, 3.51, § 7.
1893, 417, § 16.
1894, 268, § 1.
1898, 548, § 16.
1899, 361, § 1.
R. L. 11, § 15.
1902, 264.
1903, 279,
§§ 16, 18.
1906, 481. § 1.
1907, 429; 560,
§§15, 456.
1909, 344, § 1;
440, §§ 2. 5.
1913, 835,
§§ 15, 503.
1915,91, § 1.
1917, 29, § 1;
106, § 1.
1918, 282, § 1.
1919, 108, § 1.
1923, 131, § 4.
ASSESSlVrENT OF POLL TAXES AND LISTS OF PERSONS ASSESSED.
Section 4. Except as otherwise provided by law, the assessors,
assistant assessors, or one or more of them, shall annually, in April or
May, visit every building in their respective cities and towns and, after
diligent inquiry, shall make true lists containing, as nearly as they can
ascertain, the name, age, occupation, and residence on April first in the
current year, and the residence on April first in the preceding year, of
every male person twenty years of age or older, residing in their respecti^'e
cities and towns, liable to be assessed for a poll tax, and of soldiers and
sailors exempted from the payment of a poll tax under section five of
chapter fifty-nine; and, except in cities and towns having listing boards,
shall also make true lists containing the same facts relative to every
woman twenty years of age or older residing in their respective cities and
towns.
Any inmate of the soldiers' home in Chelsea shall have the same right
as any other resident of that city to be assessed and to vote therein.
The assessors shall, upon the personal application of an assessed or
listed person for the correction of any error in their original lists, and
whenever informed of any such error, make due investigation, and, upon
proof thereof, correct the same on their books. When informed of the
omission of the name of a person who is averred to have lived in the city
or town on April first in the current year, and to have been assessed, or
listed as provided in this section, there in the preceding year, they shall
make due investigation, and, upon proof thereof, add the name to their
books, and, except in cities and towns having listing boards, give imme-
diate notice thereof to the registrars of voters. They shall preserve for
two years all applications, certificates and affidavits received by them
under this section.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1.5
16
17
18
19
20
21
22
23
24
2.5
26
27
[Penalty for failure to give name or information to assessor, etc.. Chap. 56, § 5
information, Chap. 56, § 6; for falsifying list, Chap. 50, §§1,
for giving false
Assessors to
transmit lists
to registrars
and collectors,
etc.
1885,271, § 1.
1886, 68. § 1.
1889. 196.
1890, 423, § 11.
1892, 351, § 8.
1893, 417, § 17.
1894, 268, § 2.
1898, S48, § 17.
R. L. 11, § 16.
1903, 279, § 17.
Section 5. The assessors, except in cities and towns having listing
boards, shall, before June fifteenth in each year, transmit to the registrars
of voters the lists required by the preceding section, or certified copies
thereof, and shall promptly transmit to the registrars and to the collector
of taxes notice of every addition to and correction in the lists made by
them. Every assessor, assistant assessor and collector of taxes shall fur-
nish all information in his possession necessary to aid the registrars in the
performance of their duties.
1907, 560, §§ 16, 456. 1917, 29, § 2; 106, § 2.
1913, 835, §§ 16. 603. 1918, 282, § 2.
1915, 91, § 2.
1919, 108, § 2.
1923, 131, § 5.
§ 19.
1 423,
Assessors of
cities and cer-
tain towns to
prepare street
lists, etc.
1884, 298,
1888, 206
1890, 305
§§ 25, 26.
1891, 277.
1892, 351, § 9.
1893, 417, § IS,
1898, 548, § 18,
R. L. U. § 17.
1903, 279, § 3.
1904, 294. § 1.
1907, -560,
§§17,4.56.
1909, 492.
1913, 835,
§§17,503,
il.
Section 6. Except in cities and towns having listing boards, the
assessors of cities on or before June fifteenth in each year, and the assessors
of towns on or before July first in each year, shall prepare lists containing
the names of all persons listed by them under section four for the current
year. Such lists shall be arranged in cities by streets, and in towns by
"streets or alphabetically by the names of the persons listed, and in cities
and in towns of over five thousand iuiialiitants according to the latest
national or state census, by the smallest subdivision of the city or town
for the purpose of voting. The assessors in cities and in such towns shall
Iirint such lists in pamphlet form, siiall deliver to the registrars as many
copies thereof as they may require, iuid shall hold the remammg copies
3
4
5
6
7
8
9
10
11
Chap. 51.] voters. 549
12 for public distribution. In everv other town, the assessors shall cause wis, 9i, §3.
l.'i such lists to be conspicuously posted on or before July first in each year in lou, '§"3.'
14 two or more public places therein.
1918, 282, § 3. 1919, lOS, | 3. 1923, 131, § 6. 1925, U6.
1 Section 7. Except in cities and towns having listing boards, the Form and
2 assessors shall name or designate in such street lists all buildings used as steeUbt".
3 residences, in their order on the street where they are located, by giving }ggo; lll\ 1 1?;
4 the number or other definite description of each building so that it can be J|^J' |^[- j j,^
5 readily identified, and shall place opposite to or under each number or i|93, 41?; § i9.
6 other description of a building the name, age and occupation of every R. l'. ii.'§ is.'
7 person residing therein on April first of the current year who is listed under ioot! suo!
8 section four, and his residence on April first of the preceding year. im'440,' § 2.
1913, 835, §§ 18, 503. 1917, 29, §4; 106, § 4. 1919, 108, § 4.
1915, 91. § 4. 1918, 282, § 4. 1923, 131, § 7.
1 Section 8. If a male resident in a city or town, except in one having Assessment of
2 a listing board, on April first was not assessed for a poll tax, or if an ex- previJusi'y
3 empted soldier or sailor or a woman in such a city or town was not listed i874,*'376, § 6.
4 under section four, such person shall, in order to establish his right to be p*^|'|°§'8^ ^'
5 assessed or listed, present to the assessors before the close of registration Jiff' ^98, § ii.
6 a sworn statement that he was on said day a resident oi such city or town, i89o, 423, § 14.
7 and a sworn list of his polls and estate. If the assessors are satisfied that 1894! 271,' § 4. '
8 such statement is true, they shall assess or list him, as the case may be, i89s! 548, § 20.
9 and give him a certificate thereof.
R. L. 11, § 19. 1907, 560, §§ 19, 456. 1915, 91, § 5. 1919, 81.
1903,430. 1909, 440, § 2. 1917, 29, § 5; 106, § 5. 1923, 131, § 8.
1904, 294, § 3. 1913, 835, §§ 19. 503. 1918, 282, § 5.
[Penalty for false affidavit. Chap. 56, § 7.]
1 Section 9. A person who becomes a resident of a city or town, except Certain persons
2 one having a listing board, after April first and desires to be registered as a registered to
3 voter shall present to the assessors a sworn statement that he became a menrto^ " ^
4 resident therein at least six months preceding the election at which he fsoTe?,' fl.'
5 claims the right to ^■ote. If the assessors are satisfied that such statement jf°L'. ii*'§\9°'
6 is true, they shall give him a certificate that he became a resident therein \^^f j^^. 1 3.
7 as aforesaid, and shall forthwith notify the registrars of voters of the city iggg ^l/o^'.^a^-
8 or town, if in the commonwealth, where such person resided on April 1913! sm,
9 first, that they have given such certificate.
1915, 91, §5. 1918, 282, § 5. 1923,131,5 9.
1917, 29, § 5; 106, § 5. 1919, 81. 1931, 426, § 169.
[Penalty for false affidavit. Chap. 56, § 7.]
1 Section 10. The assessors shall hold such day and such evening sessions of
2 sessions as may be necessary to carry out the provisions of the two is9T2?i, § 4.
3 preceding sections.
1895,61,5 4. R. L. 11, §21. 1913, 835, §§ 21, 503.
1898, 548, § 22. 1907, 560, §§ 21, 456.
1 Section 11. The assessors, except in cities and towns having listing Records to
2 boards, shall enter the name and residence of each person assessed or is94';'27i, §4.
3 certified under section eight or section nine in a book provided therefor. JIgJ 543,^^21.
1899, 301, § 2. 1907, 500, §§ 20. 456. 1918, 282, § 6.
R. L. 11, §20. 1913, 835, §§ 20, 503. 1919, 108, § 5.
1902,90. 1917,106,5 6. 1923,131,110.
1903, 279, § 16.
1 Section 12. In every place where voters are registered, the regis- Copiesof
2 trars, and in every place where oaths are administered as required by prescribing
550
VOTERS.
[Chap. 51.
be°''olted*° ^^^^ chapter, the assessors, shall post in a conspicuous place a copy of 3
ISM. fl^'JJ^- sections seven and nine of chapter fifty-six, printed on white paper with 4
i898i 548, § 21. black ink, in tj-pe not less than one quarter of an inch wide. 5
1899, 361, § 2. 1902, 90. 1913, 835, §§ 20, 503. 1918, 282, § 6.
R. L. 11, § 20. 1907, 560, §§ 20, 456. 1917, 106, § 6. 1919, 108, § 5.
to bTs"b?ect to SECTION 1.3. All assessmeuts made under section eight shall be subject
is9o'^'423*'u4 ^° section sixty-one of chapter fifty-nine and shall be entered in the tax
1892! 35i! § 26. list of the collector of taxes and be collected by him according to law.
1893. 417, 5 22. R. L. 11, 5 22: 12, § 74. 1913, 835, §§ 22, 503.
1898, 548, § 23. 1907, 560, §§ 22, 456.
Names, etc.,
of certain per-
sons to be sent
to registrars.
1884, 298, S 30,
1886, 264, § 4.
18,S9, 404, § 5.
1890, 423, § 39.
1892, 351, 5 39.
1893, 417, § 23.
1898, 548, § 24.
1900, 241.
1901, 441.
Section 14. The city or town clerk or other officer having charge of
the registration of deaths in each city or town shall, on the first day of
every month, and also two days before every election, transmit to the
registrars of voters a list of the names of all residents thereof twenty-one
years of age or older who died in the preceding month or since the date of
the list previously transmitted, with a statement of the ward, street and
number therein, if any, where such person resided at his death.
R. L. 11, §23. 1907, 560, §§ 23, 456. 1913, 835, §§ 23, 503.
Assessment of
poll taxes and
making of
certain lists in
certain cities,
1925, 183,
Section 14A. In any city which accepts this section by vote of its
city council, in the making of lists under sections four to fourteen, in-
clusive, the board of assessors may, with the approval of the mayor,
have the assistance of the police' department in visiting buildings and
residences and performing the duties of assistant assessors in securing
the information required by said sections.
Registrars in
certain cities
and towns,
appointment,
term of'office,
etc.
1881, 210, § 1.
P. S. 6, § 11.
1884, 298, § 14.
1890, 423, § 18.
1893, 417, § 26.
1898, 548, § 26.
R. L. 11, § 25.
1907, 560,
§§ 25, 456,
1909, 440,
§§ 2, 6.
1913, 835,
§§ 25, 503,
1920, 154.
1921, 102, § 1.
1931,426, §170.
REGISTRARS OF VOTERS.
Section 1.5. Except as provided in sections sixteen and seventeen, 1
there shall be in every city, other than one having a board of election 2
commissioners or an election commission, and in every town a board .3
of registrars of voters consisting of the city or town clerk and three other 4
persons who shall, in a city, be appointed by the mayor, with the approval 5
of the aldermen, and in a town, by a writing signed by the selectmen and 6
filed with the town clerk. When a board of registrars is first appointed, 7
the registrars shall be appointed in February or March for terms respec- 8
tively of one, two and three years, beginning with April first following. 9
In February or March in every year after the original appointment, one 10
registrar shall be appointed for the term of three years, beginning with 11
April first following. 1^
246 Mass. 572.
Registrars in
small towns.
1884, 298, § 49.
1890, 423, § 59.
1893, 417, 5 27.
1898, 548, § 27.
R. L. 11, § 26.
1907, 560,
§§ 26, 456.
1909, 440, § 2.
1913, 835,
§§ 26, .503.
1919, 269, § 2.
1921, 102, § 2,
Section 1G. In every town having less than six hundred voters 1
registered for the biennial state election, the selectmen and the town 2
clerk may, if the selectmen so vote, constitute a board of registrars of 3
voters; but when six hundred voters shall be so registered, a board of 4
registrars shall in the following year be appointed as provided in the 5
preceding section, and shall continue to perform the duties of registration 6
until the number of voters so registered for two successive biennial state 7
elections shall be less than six hundred, whereupon, on April first follow- 8
ing such second biennial state election, if the selectmen so vote, such 9
board shall ceese to exist and thereafter the selectmen and to-mi clerk 10
shall constitute a board of registrars of voters. 11
Chap. 51.] voters. 551
1 Skctiox 17. In everv citv, other than one having a hoard of election RoKistmrs in
,' . ' . • I'll 4. t' +1 *+ fprtiiiil citiea,
2 commissioners or an election commission, which, by vote or the city appoint mont.
3 council, approved by the mayor, accepts the provisions of this section, „?"" "' °'^'"''
4 or has accepted corresponding provisions of earlier laws, or which is {,***«•«,' ui.''
5 now subject to similar provisions of law, there shall be a board of regis- jss^. 298, § u
(i trars of voters, consisting of four persons, who shall be appointed by the ^J^'^^^^ ^ j^
7 mayor with the approval of the board of aldermen. When a board of isfls! 417! s p.
8 registrars is first appointed after the acceptance of the provisions afore- r. l. u. '§ 24!*'
9 said, two registrars sliall be appointed in February or March following 5fJ.i;\';?6.
10 such acceptance for terms respectively of three and four years, beginning {|0!|; «9; 5 fi-
ll with April first next ensuing. The city clerk of such city shall cease to fjj^^'^so^.
12 be a member of the board of registrars on April first, but the remain- U7i. ^
v.] ing two members of the existing board of registrars whose terms do (1917)27.
14 not then expire shall continue to hold office for their respective terms
15 of one and two years. In February or March of every year after such
IG first appointments, there shall in like manner be appointed one registrar
17 of voters for the term of four years, beginning with April first following.
18 The board so constituted shall annually in April organize by electing
19 one of its members as clerk, who shall perform all the duties of a city
20 clerk when acting as clerk of the board of registrars.
1 Section 18. In the original and in each succeeding appointment and ^JifjfJ^f"'
2 in filling vacancies, registrars of voters shall be so appointed that the fg^7;|^J)'^'|7;
3 members of the board shall, as equally as may be, represent the two fgg^'|9|'i|j^
4 leading political parties, and in no case shall an appointment be so made issq! 69/§ 3. ^'
5 as to cause a board to have more than two members, including the city iggi; 395:
6 or town clerk, of the same political party.
1893,417. §§28, 30. 1907, 560, §§ 27, 456. 1919,269,5 3.
1898, 548, § 28. 1913, 835, §§ 27, 503. 198 Mass. 340,
R. L. 11, § 27.
1 Section 19. If, upon written complaint to the mayor or to the Equal repre-
2 selectmen, it shall appear, after notice and hearing, that the city or town pre9crv°ed. °
3 clerk, when a member of the board of registrars, and two registrars are \lfo \ll[ § 21.
4 of the same political party, the mayor or selectmen, as the case may be, HH' *i|; | H'
5 shall remove from office the one of such two registrars having the shorter f^^- 11^ § 28.
6 term. If, upon like proceedings, it shall appear, after notice and hear- |§j|8- «.6.
7 ing, that a registrar of voters, other than the city or town clerk, has §§2s 503.
*^ , . . , ,. . , 1.11 • i 1 J. 171 Mass- 138.
8 ceased to act with the political party which he was appointed to repre- 2 0p.A.G.644.
9 sent, the mayor or selectmen, as the case may be, shall remove him
10 from office.
1 Section 20. If a member of the board of registrars shall be unable Temporary
2 to perform the duties of his office, or shall, at the time of any meeting i,ss5"2'46;
3 of said board, be absent from the city or town, the mayor or selectmen \lll[ 41?; 1 3?:
4 may, upon the request in writing of a majority of the remaining members Jf^'g; n%y°'
5 of the board, appoint in writing some person to fill such temporary \fJ^^^^Q^
6 vacancy, who shall be of the same political party as the member whose \f^^^l^^
7 position he is appointed to fill. Such temporary registrar shall perform
8 the duties and be subject to the requirements and penalties provided
9 by law for a registrar of voters.
1 Section 21. Each registrar shall, unless sooner removed, hold his Registrar^
2 office for the term for which he is appointed and until his successor is i884,'298, Tu.
3 qualified.
1890, 423, § 19. 1898, 548, § 32. 1907, 560, §§31, 456.
1893, 417, § 24. R. L. 11, § 31. 1913, 835, §§ 31, 503.
552
VOTERS.
[Chap. 51.
Assistant
registrars in
cities, ap-
pointment,
1893, 417, § 33.
1898, 548, § 33.
R. L. 11, §32.
1907, 560,
§§32, 33, 456.
1913, 835,
§§ 32. 33, .503.
1920, 243, § 1.
1921, 156.
Section 22. The registrars in cities may appoint assistant registrars 1
for the term of one year, beginning with April first, unless sooner removed 2
by the registrars, and they shall, as nearly as may be, equally represent 3
the different pohtical parties. Assistant registrars shall be subject to 4
the same obligations and penalties as registrars. Registrars may remove 5
an assistant registrar, and may fill a vacancy for the remainder of the 6
term. Except in the city of Boston, persons appointed to serve tempo- 7
rariiy as assistant registrars shall not be subject to chapter thirty-one. 8
Registrars,
oath of office,
etc.
1881, 210,
§§ 2, 3, 0.
P. S. 6, § 12.
1884, 298, § 15.
1890, 423,
§§ 18, 22.
1892, 351,
1893, 417,
§§ 32, 36.
1S98, 548,
§§31, 36.
R. L. 11,
§§ 30, 35.
1907, 560,
§§ 30, 35, 4.56.
1913, 835,
§§ 30, 35, 503.
§14.
Section 2.3. The registrars and assistant registrars shall, before 1
entering upon their official duties, each take and subscribe an oath 2
faithfully to perform the same. They shall receive such compensation 3
for their services as the city council or selectmen may determine; but 4
such compensation shall not be regulated by the number of names reg- 5
istered by them, and a reduction of compensation shall apply only to 6
registrars and assistant registrars appointed thereafter. The city coun- 7
cil or selectmen shall provide them suitable rooms, and necessary assist- 8
ance. The city or town clerk, when a member of the board of registrars, 9
shall act as clerk thereof, shall keep a full and accurate record of its 10
proceedings and shall cause such notices as the registrars may require 11
to be properly given. 12
dutlirelc!^ Section 24. The registrars may cause the duties devolving upon a
lf'7'9*'' single registrar to be performed by one or two assistant registrars, and,
1889, 337, jf ^^yQ 3j.g designated for such duties, they shall be, so far as practicable,
1898' 548' § 34' °^ different political parties. The registrars shall make suitable regula-
R. h. 11, '§33.' tions governing the assistant registrars, whose doings shall be subject to
1907, 560, , , . . . I .
§§ 33, 456. their revision and acceptance.
1913, 835, §§ 33, 503. 1920, 2-13, § 2.
Registrars,
etc., not to
hold other
office.
1889, 337, I
1890, 423.
§§ IS, 19.
1893, 417, I
1895, 207.
1898, 548, !
R. L. 11, §
1907. 5fiO,
§§ 34, 456.
1913, 835,
§§ 34, 503.
35.
i 35.
34.
Section 25. No person shall be appointed a registrar or assistant 1
registrar who is not a voter of the city or town for which he is appointed, 2
who holds an office in the city or town for which he is appointed either 3
by election or by direct appointment of the mayor or of the selectmen, 4
or who holds an office by election or appointment under the government 5
of the United States or of the commonwealth, except as a ju.stice of the (5
peace, notary public, or officer of the state militia. The acceptance by 7
a registrar or assistant registrar of any such office shall vacate his office 8
as registrar or assistant registrar. 9
Sessions of
registrars.
1874, 376, § 8.
1877, 235,
§2.
1878, 233, 5 2.
1879, 37.
P. S. 6,
§§ 23, 25.
1884, 298,
§§ 36, 37.
1890, 423,
§§ 44, 45.
1892, 351,
§§ 15-18.
1893, 417,
§§ 37-40.
1894, 271,
§§ 1, 2.
sessions for registration.
Section 2fi. The registrars, for the purpose of registering voters in 1
the manner hereinafter provided, shall hold such day and such evening 2
sessions as the town by by-law or the city by ordinance shall prescribe, 3
and such other sessions as they deem necessary; but, except as provided 4
in sections thirty-four and fifty, there shall be no registration of voters 5
between ten o'clock in the evening on the twentieth day preceding, and G
the day following, the biennial state primary and the biennial state 7
election, nor in any city between ten o'clock in the evening on the twen- 8
tieth day preceding and the day following the city election, nor in any 9
town between ten o'clock in the evening on the Wednesday next but 10
ClIAP. 51.] VOTERS. 553
1 1 one preceding and the day following the annual town meeting. The isss, 27 § 1.
12 time and place of registration shall be the same for male and female 536, '§"2. '
13 applicants.
1898, 548, 5§ 37, 38. 1913, 83.5, 55 36, 37, 503. 1928, 103, 5 1.
R. L. 11, 5§3fi. ,37. 1919,209,5 1. 1930. 326, § 1.
1907. 560, §5 30, 37. 456. 1924,204,5 1. 1 Op, A. G. 54, 184,
[Penalty for misconduct at registration, Chap. 56, § 10.]
1 Section 27. They shall hold at least one session at some suitable Sessions before
2 place in every city or town on or before the last day for registration ^"s."!"^^'
3 preceding the biennial state primary, and on or before the Wednesday iss4^'298.
4 next but one preceding a city or town primary, except a primary pre- fgJo^^lg; § 44.
5 ceding a special city or town election.
1592. 351, 5 17. 1897, .5.30, § 2. 1913, 835, 55 36, 37, 503.
1593, 417, 5 39. I89S, .548, 5 37. 1924, 204, 5 2.
1894,271,5 1. H. L. 11, 55 36, .37. 1928,103,8 2.
1895, 27, 5 1. 1907, 560, §§ 36. 37, 456. 1931, 426, 5 172.
1 Section 28. They shall hold a continuous session from twelve o'clock Sessions on
2 noon until ten o'clock in the evening on the last day for registration i874, 376. § 8.
3 preceding the biennial state election and the annual or biennial city Wte^^'^^'
4 election or annual town meeting, except that in towns having less than f|84^'2||,
5 three hundred voters said session shall be sufficient if it includes the time ||9g'''4|3 § 44
6 from two to four o'clock in the afternoon, and from seven to ten o'clock ]S92. 351, 5 is.
1893, 417, § 37.
7 in the evening.
1894, 271, 5§ 1, 2. R. L. 11. §5 36, ,37. 1919, 1.59; 269, § 1.
1895, 27, § 1. 1907, 5B0, §§ 36, 37, 456. 1924, 204. § 3.
1898, 548, 85 37, 38. 1913, 835, 5§ 36, 37, 503.
1 Section 29. They shall, in some suitable place, hold a continuous Registration
2 session from twelve o'clock noon until ten o'clock in the evening, on the euAmnl''
3 fourth day preceding a special election. Registration shall cease at ten inf^i.'
4 o'clock in the evening of the day on which such session is held.
1895,2. R. L. 11. 5 38. 1913,83.5,88 38,503.
1898, 548, 8 39. 1907, 560, 55 38, 456.
1 Section 29A. They shall, in some suitable place in every city or Sessions pi
2 town wherein there is to be a special state, city or town primary, hold primaries.
3 a session on the fourth day preceding such primary. Registration shall ^^^^' ^^^'
4 cease at ten o'clock in the evening of the day on which such a session is
5 held.
1 Section 30. In towns divided into voting precincts the registrars Sessions in
2 shall, within forty days before the biennial state election, and also within is74,''376, §8.
3 twenty days before the annual town meeting, but in each case on or before R^I'lf^' ^ ^'
4 the last day fixed for registration, hold one or more sessions in each voting is84^'298,
5 precinct. In towns not divided into voting precincts they shall, during ||gQ'"4^2'3
6 the same period, hold sessions in one or more suitable places. Thev shall 55 44, 45.'
. ... 1.S92 351
7 hold a session before the last day for registration, at some suitable place 56 17-19.'
8 in any village or locality distant two or more miles from the place of 55 ss, 39.'
9 registration, if ten or more voters residing in or near the same file with the \tl^] llbS 2.
10 town clerk not less than thirty-eight days before the biennial state election ^^l[ ^\^' * ^^■
11 or eighteen days before the annual town meeting a petition stating that fJo7^4'|9 §4.
1 2 in such village or locality there are at least ten citizens who are entitled ^S^^^Li®' ''^^■
13 and desire to be registered. 5§36, 503.
1919, 269. 5 1. 1928. 103, § 3.
nor
primaries.
554
VOTERS.
[Chap. 51.
whfnfinafday SECTION 31. If the final day for registration of voters falls on Sun- 1
Mis^OT Sunday (j^y or OH a hoHclay, the preceding day shall be the final day for such 2
1896,73. ' registration. 3
1898, 548, 5 40.
R. L. 11, § 39.
1907, 560, §§ 39, 4.56.
1913, 835. §§ 39, 503.
Notices of
sessions for
registration,
etc.
P. S. 6,
§§23,25.
1889, 404, § 4.
1890. 423, § 4-
1892, 3.51, § 1-
1893. 417, § 4:
1898, 548, § 4:
R. L. 11, § 42
1907. 560,
§§42,456.
Section .32. Registrars shall seasonably post or publish notices
stating the places and hours for holding all sessions, including the final
sessions preceding any election, and also stating that after ten o'clock
in the evening of the last day fixed for registration they will not, until
after the ne.xt election, add any name to the registers except the names of
voters examined as to their qualifications between the March thirtj--
first preceding and the close of registration.
1913, 835, §§ 42, 503. 1931, 426, § 173.
(Penalty for defacing or removing posted notice. Chap. 56, § 12.1
Any registrar
may examine
applicants, etc.
1890, 423, § .58.
1892, 351, § 20.
1893, 417, § 47.
1898, 548, § 41.
R. L. 11, §40.
1907, 560,
§§ 40, 456.
DUTIES OF REGISTR.-VRS.
Section 33. Any registrar, at a place appointed for registration, on
the days and during the hours designated for the purpose, may receive
applications for registration and examine on oath applicants and wit-
nesses; but all doings of one registrar shall be subject to the revision
and acceptance of the board.
1913, 835, §§ 40, 503.
Not to enter
names on
registers after
close of
registration,
except, etc.
P. S. 6, § 25.
1890, 423, § 45.
1892, 351, § 25.
1893, 417, § 42.
1898, 548, § 42.
R L. 11, §41.
1907, 560,
§§41. 456.
1909, 344, § 2.
1913, 835,
§5 41, .503.
1919, 108, § 6.
Section 34. After ten o'clock in the evening of a day on which regis-
tration is to cease, the registrars shall not register any person as a voter
until after the next primary or election, except that they shall furnish,
or cause to be furnished, to each person waiting in line at said hour of ten
o'clock for the purpose of being registered a card or slip of identification
bearing such person's name and shall, before registration ceases, register
such person if found qualified. The registrars may, however, enter or
correct on the registers the names of persons whose qualifications as
voters have been examined between March thirty-first preceding and the
close of registration.
1930, 326, § 2.
1
2
3
4
5
0
7
8
9
10
Notices of
omitted assess-
ments to be
compared, etc.
P. S. 6, § 25.
1890, 423, § 45.
1892, 351, § 25.
1893, 417, § 42.
1898, 548, § 42.
R. L. 11, §41.
1907, 560,
§§ 41, 456.
1909, 344, § 2.
1913, 835,
§§ 41, .503.
1918, 257,§ 11.
Section 35. Except in cities and towns having listing boards, regis- 1
trars shall compare all notices of omitted assessments, transmitted to 2
them by the assessors under section four, with the annual register of 3
voters for the previous year, and if it appears to their satisfaction that 4
any of said omitted assessments is that of a person entitled to vote in 5
such previous year they may before the close of registration enter such 6
name on the current annual register. In e\-ery case they shall require the 7
vote by virtue of which such entry or correction is made to be attested 8
by their clerk. "
1919,51108.5 6. 1920,2. 1923, 131, § U.
Records to be
kept in general
register.
1877, 208.
1878, 251,
P. S. 6.
§§ 13, 14,
1884, 298,
§§ 17, 18,
22, 38.
1890, 423,
§§ 24, 30, 31.
§2.
, 16.
Section 36. They shall keep in general registers, records of all per-
sons registered as qualified to vote in the city or town. They shall enter
therein the name of every such voter written in full, or instead thereof
the surname and first Christian name or that name by which he is gen-
erally known, written in full, and the initial of every other name which
he may have, and also his age, place of birth and resideiice on April first
preceding or at the time of becoming an inhabitant of the city or town
Chap. 51.]
VOTERS.
555
8 after said day, the date of his registration and his residence at such date, issa^
9 his occupation and the place thereof, the name and location of the court isos
10 which has issued to him letters of naturalization and the date thereof, r. l'.
11 if he is a naturalized citizen, and any other particulars necessary to W^li
12 identify him fully. Except in Boston, the general registers shall have }^^|];
13 uniform headings in substantially the following form, and blank books ^^^.^^
14 suitable for the purpose shall be provided at cost by the state secretary
15 to registrars applying therefor:
351,
, 22, 23.
417, § 44.
548, § 44.
11. §43.
560.
456.
440, § 2.
S35.
, 503.
209, 5 1.
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1 Section ,37. The registrars, after April first, shall prepare an annual
2 register containing the names of all qualified voters in their city or town
3 for the current year, beginning with said day. Such names shall be ar-
4 ranged in alphabetical order, and, opposite to the name of each voter,
5 his residence on April nrst preceding or on any sub.sequent day when he
6 became an inhabitant of the city or town. The registrars shall enter in
7 the annual register every name contained in the lists transmitted to
8 them by the assessors under section five, which they can identifj' as that
9 of a person whose name was borne on the voting list of the city or town
10 at the last preceding election or town meeting, giving the residence of
11 each such person on April first, which, in the case of a person assessed a
12 poll tax, shall be the place at which he was so assessed. They shall
13 make all inquiries and investigations necessary to identify such person,
14 and they shall not enter in the annual register the name of a person
15 objected to by any registrar until such person has been duly notified
16 and given an opportunity to be heard. They shall forthwith enter in
17 the annual register the name of every person whose qualifications as a
18 voter have been determined by them in the current year and whose
19 name has accordingly been entered in the general register. They shall,
20 on or before the first Monday of August in each year, send notice in
21 writing to each voter of the preceding year whose name has not been
22 entered in the annual register of the current year that the name of such
23 voter has not been so entered, such notice to be sent by first class mail
24 enclosed in an envelope bearing the proper address to which the same
25 may be returned in case of non-delivery, and the registrars shall prepare
26 a list of the names of voters not so entered, which shall be open to public
27 inspection in their principal office, or shall be posted by copy in the
28 places where copies of voting lists are required to be posted under section
29 fifty-seven of chapter fifty-one. This section shall not apply to cities
30 and towns having listing boards.
1917. 29, § 12: 106, § 15. 1919. lOS, § 15.
Annual
register,
entries, ar-
rangement,
etc. Exception.
1884, 298,
§§ 16, 29.
1886, 264, § 3.
1890, 423,
§§ 23, 38.
1892, 351, § 12.
1893, 417, § 45.
1894, 268, § 3.
1898. 548, § 45.
R. L. 11. § 44.
1907, 560,
§§ 44, 456.
1909, 440, § 2.
1912, 471. § 1.
1913. 835.
§§ 44, 503.
1917, 77.
1921. 209, § 2.
1929, 280. § 1.
1 Op. A. G. 54.
1913, 835, I 76.
1915, 91, i 7.
1918, 282, § 15.
1923, 131, § 12.
556
VOTERS.
[Ch.\p. 51.
Revision and
correction of
registers.
1884, 298, § 44.
1890, 423,
§§ 33, 54.
1892, 351, § 26.
1893, 417, S 53.
1898, 548, § 52.
R. L. 11, § 51.
1903, 474, § 3.
1907, 660,
§§51, 4.56.
1913, 835,
§§51, 503.
Section 38. The registrars shall revise and correct the general regis- 1
ter and the current annual register in accordance with any facts which 2
may be presented to them. They shall strike therefrom the name of .3
every deceased person which has been transmitted to them under section 4
fourteen ; but after the name of a voter has been placed upon the current 5
annual register, they shall not change the place of residence as given 6
thereon, nor, unless the voter has died, strike such name therefrom, 7
until they have sent him a notice of their intention so to do, naming a 8
certain day when he may be heard. 9
Section 39. The registrars shall promptly transmit to the assessors 1
notice of every error which they discover in the name or residence of a 2
person assessed. This section shall not apply to cities and towns having 3
i
Notice of
error to be
transmitted
to assessors.
Exception.
1892,351, § 26. ,. ^. , ,
1893, 417, § 56. listing boards,
1894, 271, § 5.
1898, 548, § 55.
R. L. 11, § 54.
1903, 279, § 19.
1907,560, §§54,456.
1913,835, §§54,503.
1923, 131, § 13.
Sessions for
registration
and records to
be open to
public.
1884, 298, § 39.
1889, 404, I 4.
Section 40. The registrars shall perform their duties in open session. 1
They shall distinctly announce the name of every applicant for registra- 2
tion before entering his name on the general register. Their records 3
shall at suitable times be open to public inspection. 4
1890, 423, §§28,49.
1892, 351, §§ 14, 22.
1893, 417, § 57.
1898. 548, § 56.
R. L. U, §55.
1907, 560,
1913, 835,
i 55, 456.
i 55, 503.
be°preSer"vld'.° Section 41. The registrars shall preserve all written complaints and 1
1884, 298, 1 34. certificates received by them, and all other documents in their custody 2
1892! 35ii § 14. relative to registration, for two years after the dates thereof. 3
1893, 417, § 58. R. L. 11. §.56. 1913, 835, §§ 56, 503.
1898, 548, § 57. 1907, 560, §§ 56, 456.
MANNER OF REGISTRATION.
Persons whose
names are not
on annual
register must
apply in
person, etc.
1884, 298, § 21.
1890, 423, § 29.
1892, 351, § 13.
Section 42. Every person, male or female, whose name has not been 1
entered on the annual register in accordance with section thirty-four, 2
thirty-five or thirty-seven, or a corresponding provision of law applicable 3
to a city or town having a listing board, must, in order to be registered, 4
apply in person for registration and prove that he is qualified. 5
1909, 344, § 3.
1913, 835, §§ 45, 503.
1917, 106, § 16.
1893, 417, § 46.
1898, 548, § 46.
R. L. 11. §45.
1907,560, §§ 45, 456.
[Penalty for illegal attempt to register, Chap. 56, § 9.1
1918, 282, § 16.
1923, 131, § 14.
1 Op. A. G. 54.
Male applicant
to present tax
bill or certifi-
cate, etc.
1895, 61, § 1.
1898, .548, § 47.
R. L. 11. §46.
1903, 474, § 1.
1907, 560,
§§ 46. 458.
1909, 440, § 2.
1913. 835,
§§ 46, 503.
1915,91, §6.
Section 43. Every male applicant for registration, except in cities 1
and towns having listing boards, whose name has not been transmitted 2
to the registrars as provided in section five, shall present a ta.x bill or 3
notice from the collector of taxes, or a certificate from the assessors 4
showing that he was assessed as a resident of the city or town on April 5
first preceding, or a certificate that he became a resident therein at least 6
six months preceding the election at which he claims the right to vote, 7
and the same shall be prima facie evidence of his residence. 8
1916, 87. 1918, 2S2, § 7. 1923, 131, § 15.
1917, 29, §6; 106, §7. 1919, 108, § 7. 1 Op. A. G. 54.
[Penalty for false certificate, Chap. 56, § 7.|
Examination of
applicants fur
registration.
Oath.
Registration
slips, etc.
Section 44. The registrars shall examine on oath an applicant for 1
registration relative to his qualifications as a voter, and shall, unless he 2
is prevented by physical disability, or unless he had the right to vote 3
ClIAl'. 51.] VOTERS. 557
4 on May first, eighteen hundred and fifty-seven, require him to write his ists, 251, §3.
5 name in tlie general register and to read in such manner as to show that issl, 2'o8/f20.
(i lie is neither prompted nor reciting from memory. ]legistrars shall be \lg^] jot'. ^ *'
7 provided by the state secretary with a copy of the constitution of the iJ9o'''3|^' 5 <,,
8 commonwealth printed in English on uniform pasteboard slips, each }^|j| «7! 8 Is.
9 containing five lines of said constitution printed in t.v^pe of a size not isbs! 548! 5 48.
10 less than twenty-four point, and with a box so constructed as to conceal iflo:i,'47i, §2!
1 1 them from view. The registrars shall place said slips in the box, and shall §s°47,^456.
12 rec|uire each applicant to draw one of said slips from the box and read §§^17,^^3.
13 aloud, in full view and hearing of the registrars, the five lines printed J^'m'^"®- 453
14 thereon. Each slip shall be returned to the box immediately after the 1 op. a. g. 54.
15 test is finished, and the contents of the box shall be shaken up bv a [P.™i'ty fo/ ,
1 ' • • "NT c •!• 1 " 1 nusconduct of
1() registrar before another drawnig is made. Pso person failing to read the J?^'^"''!''' <'!<■,■
17 constitution as printed on the slip thus drawn shall be registered as a for false iath,'
18 voter. The registrars shall keep said slips in said box at all times. The cant, chap"? se,
19 state secretary shall upon request provide new slips to replace those ^^^'^•'
20 worn out or lost.
1 Section 45. If an applicant for registration is a naturalized citizen, ReEistration of
2 the registrars shall require him to produce for inspection his papers of citi^Jm.^^''
3 naturalization, and to make oath that he is the person named tlierein, g*^s.' e* §'9.
4 and shall, if satisfied that the applicant has been legally naturalized, Ra'ljf^e'^'
5 make upon his papers a memorandum of the date of such inspection. If }|^^' l^- 1 1|-
6 papers of naturalization have once been examined and record thereof i?'^?' 35i', § 23!
7 made in the general register, the registrars need not again require their isbs! 543! § 49!
8 production. ^- ^- '^' ^ **•
1907, 560, §§ 48, 456. 1913. S35, §§ 48, 503.
[Penalty for false oath, etc.. Chap. 56, §§7, 9.]
1 Section 46. If, upon examination, the registrars are satisfied that Registration
2 an applicant for registration has all the qualifications of a voter, ex- i884, 298] § 24.
3 cept that of age, and that he will on or before the day of the next elec- 1892] 351! § 24;
4 tion or town meeting attain full age, they shall place his name upon the HH; til] § so!
5 registers.
R. L. 11, §49. 1907, 560, §§ 49. 456. 1913, 835, §§ 49, 503.
1 Section 47. If the registrars decline to register the name of a person Applicants to
2 examined for registration and reported to them therefor by a registrar, n''i,"'tion';''et°c.
3 they shall notify him of their refusal, and give him a reasonable oppor- Is'rjj;; 417; | g|
4 tunity to be heard by them upon his application. They shall upon the ]^''i' I^'Aq^-
5 rejection of an applicant forthwith inform him thereof.
1907, 560, §§ 50, 456. 1913, 835, §§ 50, 503.
ILLEGAL OR INCORRECT REGISTRATION.
1 Section 48. Upon complaint signed and sworn to bv a registered Complaint and
„ , 1 r-i 1 ■ 1 1 • I r. 1 •' ,j>.>-i--vi examination
2 voter, and nled with the registrars at least fourteen days in a city, or at byrepstrars.
3 least four davs in a town, before a primary, election or town meetins, p s'e'. §22.
4 stating that the complainant has reason to believe and does believe that isiw! 423^ § 42.
5 a certain person by him therein named has been illegally or incorrectly Ifl^^s.'
6 registered, and giving the reasons for such belief, the registrars shall JliJi; tll[ | It
7 examine into such complaint, and if satisfied that there is sufficient %^]lji^^li
8 ground therefor, they shall summon the person complained of to appear '^oj^ sea
9 before them at a certain place and time before the next primary or elec- i9i3,'83.'>,'
10 tion or town meeting to answer to the matters set forth in the complaint, laii.'m^'
R. L.
11, § 53.
1903,
474, § 5.
1907,
560.
§§53,
, 456.
1913,
835,
§§53,
,503.
[Penalty for
false 1
aath,
Chap,
. 56, § 7.]
558 VOTERS. [CbL'VP. 51.
[Penalty for and the substance of the complaint and a copy of this and the following 1 1
Chap°56,'§7.l section shall be Set forth in the summons. Service of the summons shall 12
be made by an officer qualified to serve civil or criminal process, not more 13
than fourteen nor less than two days before the day named for appear- 14
ance, by delivering in hand a copy of the summons to the person therein 15
named, or by leaving it at his place of residence, or, if personal service 16
cannot be made and the person's residence is unknown to the officer and 17
cannot be ascertained by inquiry at the place of alleged illegal or in- IS
correct residence or at any later residence of such person appearing on 19
the register, then at such person's last residence, if any, known to the 20
officer, or, if the person's last residence is unknown, at the last place 21
appearing as his residence in the register. The officer shall return the 22
summons to the registrars before the day named for appearance, with 23
the certificate of his doings endorsed thereon. 24
Examination SECTION 49. If a pcrsou Summoned before the registrars to answer 1
issTTeT*^ ■ to such complaint appears before them, they shall examine him on oath, 2
fss^'. 298, §32. and shall receive other evidence which may be ofl'ered in regard to the 3
1892; 111! 1 11 matters set forth in the complaint, and if satisfied that he is properly 4
lioi; 518, 1 5i. registered as a qualified voter they shall enter in the register a state- 5
nient of their determination upon the facts required for registration. 6
If the registrars are satisfied that he is not a qualified voter in the city 7
or town, they shall strike his name from the register. If they are satis- 8
fied that, although he is a qualified voter in the city or town, he is ille- 9
gaily or incorrectly registered in a ward or voting precinct other than the 10
ward or voting precinct in which he is required by section three to be 11
registered, and have determined the ward or voting precinct in which 12
he is so required to be registered, and his place of residence therein, they 13
shall change his place of residence as given on the register accordingly. 14
If a person duly summoned as aforesaid does not appear as directed in 15
the summons and the complainant .produces sufficient testimony to 16
make out a prima facie case, the name of the person complained of shall 17
be struck from the register; but if such person appears before the regis- 18
trars before the election or town meeting following and shows sufficient 19
cause for his failure earlier to appear, the hearing shall be reopened and 20
the matter decided on its merits, as determined from the evidence pre- 21
sented on both sides. The complainant and the person complained of 22
may be represented by counsel, and all witnesses may be cross-examined. 23
SUPPLEMENTARY REGISTRATION OF SOLDIERS AND SAILORS.
Supplementary SECTION 50. Any soldicr or sailor in the service of the United States 1
of soldiers ^'ho had a legal residence in any city or town in the commonwealth at 2
i9i8!'25°8?§ 1; the time of entering said service, but who by reason of his being in the 3
i929,S28. army or navy was absent from the city or town during the periods when 4
iOp.A.G. 552. ^^gg-^j^g for listing or assessing and for registration were held, may 5
appear before the city or town clerk in any city or town where such clerk 6
is also a member of the board of registrars, and, in any other city or town, 7
before the chairman of the board of registrars or board performing like 8
duties therein, during the regular office hours of such clerk or chairman 9
and, in accordance with this chapter, prove his qualifications as a voter 10
under section one and be registered, if he so appears not less than three 11
days before the election; but such registration shall be subject to the 12
revision and acceptance of the board. 13
Chap. 51.] voters. 559
1 Section 51. To every person registered under the preceding section Certifinate of
2 the registrars shall i.ssue a certificate, similar to that provided for in sec- t^si'stntwuT^
3 tion fifty-nine, entitled " Supplementary Registration : Soldier or Sailor", there^dn'"*
4 and referring by chapter and section number to this and the preceding i^^*' '^°^' 5 2.
5 section. Upon presentation of the certificate to the presiding officer at
6 the proper polling place, he shall have the same right to vote as any other
7 registered voter. After he has voted, the presiding officer shall attach the
8 certificate to the voting list and it shall be considered a part thereof, and
9 shall be returned to the registrars and preserved in accordance with law.
MAINTENANCE OF ORDER AND REGULARITY.
1 Section 52. A registrar shall enforce regularity in all proceedings Authority of
2 before him, maintain order in and about the place where a session is held, ils'i^Tos, § 40.
3 or applications for registration are received, and keep the access thereto 5s92; 351; | 20!
4 open and unobstructed.
1893, -417, § 59. R. L, U, § 57. 1913, 835, §§ 57, 503.
1898, 548. § 58. 1907, 560, §§ 57, 456.
1 Section 53. The board of police or officer in charge of the police Police officers
2 force of a city or town shall, when requested by the registrars, detail a i88™298fM2.
3 sufficient number of police officers to attend any meeting held by a regis- Itlt', Ml'. I lo.
4 trar in the performance of his duties, and to preserve order and enforce HH- IH'^ | |g-
5 his directions.
R. L. 11, § 58. 1907, 560, §§ 58, 456. 1913, 835, §§ 58, 503.
1 Section 54. The governor, with the advice and consent of the coun- supervisors ot
2 cil, shall, on the petition of not less than ten qualified voters of a city or appointment,
3 town, appoint for a term of one year two supervisors of registration for i8S4, 298, § so.
4 each place of registration therein, one from each of the two leading politi- Jig"' Mf. I ss'
5 cal parties. Thev shall attend all sessions or meetings for registration !f -J^' *'!• | iji-
1 1 , 1 I ^ !• 1-11 ■ 1 1-1 !• 1 '^^*' ^'*'> s 60.
b held at the places tor which they are appointed, and either or them may R- l. ii, § 59.
7 attach to any book or papers there used for purposes of registration any §§ sii. 4.%.
8 statement touching the truth or fairness of the proceedings which he §§ 59, 503.
9 may deem proper, and may add thereto his signature or other marks for ^ °''' ^ ^' ^^^'
10 the purpose of identification.
[Penalty for interference with supervisor, Chap. 56, § 11.)
VOTING LI.STS.
1 Section 55. Registrars shall, from the names entered in the annual voting lists,
• T f I ■ T 1 contents, ar-
2 register of voters, prepare voting lists for use at elections. In such voting ■■^n?™?"'' "tc.
3 lists they shall place the names of all voters entered on the annual register, 1822! 104, 5 2.
4 and no others, and opposite to the name of each his residence on April r. s.' 3, §'5.
5 first preceding or at the time of his becoming an inhabitant of such place istI, Ivl'j 7.
6 after said day. They may enter the names of women voters in separate 5878; |°^; 5 ?;
7 columns or lists. In cities, they shall prepare such voting lists by wards, 210*^4^' ^ ^'
8 and if a ward or a town is divided into voting precincts, they shall prepare ?; fAg 27
9 the same by precincts, in alphabetical order, or by streets. Names shall i884. 298,
10 be added thereto or taken therefrom as persons are found to be qualified 1886,264, § 2.
11 or not qualified to vote.
1890, 423, §§35, 37, 53. 1897, 296, § 4. 1909, 440, § 2.
1892, 351, § 30. 1898, 548. § 61. 1913, 835, §§ 60, 503.
1893,417,5 62. 1899,148. 1920. 579, § 1.
1895.449,5 4. R. L. ll.§60. 1921, 209, § 3.
1896, 469, § 1. 1907, 560, §§ 60, 456. Op. A. G. (1920) 252.
560
VOTERS.
[Chap. 51.
Names of SECTION 5G. They shall place at the end of the voting lists of each
certain voters . . ^' ' ^^ .
to be placed Ward, votiHg prccinct or town to be used at a state election, under a
1890, 423, § 47. propcF heading, the names of all persons who, by changes in city or town
1893! 417! § Gs! boundaries, are not entitled to vote for the whole number of officers to
^«»»'^^*'^«' be chosen.
R. L. 11, § 61.
1907, 560, §5 61, 456.
1913,835, §§61,503.
(See § 61.1
Posting of
voting lists.
Copies of lists,
when furnished
to state
committees.
1813, 68, § 1.
1822, 104, § 2.
1833, 102, § 2.
R. S. 3. § 5.
G. S. 6, § 5.
1874, 376, § 7.
1878, 233, § 1.
P. S. 6, § 18.
Section 57. They shall, at least twenty days before the annual or 1
biennial city or town election, and except in Boston, at least sixty days 2
before the biennial state election, cause copies of the voting lists pro- 3
vided for in the two preceding sections to be posted in their principal 4
office and in one or more other public places in the city or town, and in 5
each precinct therein. Upon application made by any state political 6
committee organized in accordance with law, the clerk of the board of 7
registrars shall furnish to it a copy of the voting list free of charge. 8
1884, 298, § 27.
1886, 264, § 2.
1890. 423, 5§ 35, 36.
1892, 351, § 32.
1893, 417, § 64.
1895, 449, § 4.
1896, 469. § 2.
1898, 548, § 63.
R. L. 11, § 62.
1907, 560, §§ 62, 456.
1910, 147.
1913, 835, §1 62, 503.
1919, 269, 5 1.
1923, 238, § 1.
[Penalty for defacing or removing posted voting list. Chap. 56, § 12.1
Additional
names to be
posted or
published.
1892, 351, § 33.
1893, 417, § 85.
1896, 469, § 3.
1898, 548, § 64.
R. L. 11, § 63.
1907, 560,
§§63, 4.56.
1913, 835,
§§63, 503.
Section 58. After the voting lists have been posted, registrars,
within forty-eight hours after a new name has been added to the annual
register, shall cause it to be added to the lists posted in their principal
office. If a city or town shall authorize the registrars to publish the names
added to the register, they may, instead of posting them, cause all addi-
tional names to be printed in a newspaper published in the city or town,
if any, otherwise in a newspaper published in the county.
Certificate
in case of
omission or
error.
1877, 208, § 3.
P. S. 6, § 27.
1884, 298, § 45.
1890, 423, § 55.
1892, 351, § 34.
1893, 417, § 66.
1898, 548. § 65.
R. L. 11, § 64.
1907, 560,
§§64, 456.
1913, 835,
§§ 64. 503.
1922, 189.
Section 59. On the day of a primary, caucus or election, registrars 1
shall give to a voter whose name has been omitted from the voting list, 2
or in whose name or residence, as placed on the voting list, a clerical 3
error has been made, a certificate of his name and residence, as stated 4
on the annual register, signed by a majority of the registrars. On 5
presentation thereof to the presiding election officer of the ward, voting 6
precinct or town in which the voter was registered, he shall be allowed 7
to vote, and his name shall be checked on the certificate, which shall be 8
attached to and considered a part of the voting list and returned and 9
preserved therewith. 10
Voting lists for
use at polls.
1878, 262.
P. S. 6, § 28.
1884, 298, § 46.
1889, 413,
1890, 386,
§ 14; 423,
§§ 56 90.
1892, 51, § 1;
351, §36.
1893. 417,
1898, 548,
R. L. 11, i
1907. 560,
§§ 65, 456.
I 20.
§67,
§ 66.
)65.
Section 60. Before every election and meeting in a city or town at 1
which voting lists may be required to be used, registrars shall prepare 2
such lists for each ward, voting precinct or town in which such election or 3
meeting is to be held, containing the names and residences of all persons 4
qualified to vote therein, as the same appear upon the annual register, 5
and shall seasonably transmit the same to the election officers in every 6
such precinct, ward or town. Such voting lists shall be in duplicate for 7
all elections and meetings at which duplicate lists are required to be 8
used. 9
1913,835, §§65, 503.
Section 61. The\
shall forthwith, after the final day for registra- 1
2
Returns of
rcStcred" ''" tiou bcforc a biennial state or regular city or town election, certify to the
i89o"223r§i; state secretary the number of assessed polls, the number of registered 3
423, 5 46.
CiiAPS. 51, 52.]
VOTERS. POLITICAL COMMITTEES.
561
4 voters in the city or town, and in each ward and precinct therein, and }|gf;ff)' |g|
5 the number of persons entitled to vote for a part only of the whole i*^^ 548 §67
6 number of officers to be chosen at a state election in such city or town i907, seo,
7 and in each ward and precinct therein, with the titles of the officers for 1913. ssV
S whom such persons are entitled to vote.
9 In cities where the city clerk is not a member of the board of registrars,
10 the registrars shall likewise, after the last day for registration for a city ^^ ^ ^^■'
1 1 election, certify to the city clerk the number of registered voters in the
12 city, and in each ward and voting precinct therein.
66, 503,
1919, 269, § 4.
1921, 209, §4.
1 Section 62. When a caucus is called, the registrars, on the request Voting list for
• t' I i ^^^ ^^ caucus.
2 of the chairman of the ward or town committee 01 the party whose caucus i893, 417, § c9
3 is to be held or of the person designated to call the caucus to order, shall 189.5! 489' ~
4 furnish him for use in the caucus a certified copy of the last published r. l' 11,
5 voting list of the town, or of the ward of the city for which the caucus
6 is to be held, adding thereto the names of voters registered since such 'j^'lj^log
7 publication. Said lists, if intended for use in the caucus of a political 1924, 252, § 1
8 party held in a city, shall contain the party enrollment of voters whose
9 names appear thereon established as provided in sections thirty-seven
10 and thirty-eight of chapter fifty-three.
13.
1898, 548, § 68.
" " " "67.
1907, 560.
§ 07. 456.
1 Section 63. In cities, after the biennial state election in nineteen List of voters
2 hundred and twenty-four, and in every tenth year thereafter, for the dhiSonof^a
3 purpose of furnishing the information necessary for a new division of the i888','437™'^'^^'
4 city into wards and voting precincts, the registrars shall deliver to the city fgoa, 417, 5 70.
5 clerk, on or before the first Tuesday after the said state election, a list J898, 54s, §^o9.
6 of all voters therein who were registered for such election, which shall i907, 506,
7 be so arranged as to show the number of voters residing in each ward 1913, 835,'
8 and precinct, if any, by streets. The registrars shall likewise in any 1914,676, § 1.
9 other year, upon request of the board of aldermen, furnish, for the pur- ^®'^' ^®^' ^ ^'
10 pose of dividing the ward into voting precincts, a list of the voters of
11 any ward in the city, arranged as aforesaid.
CHAPTER 52.
POLITICAL COMMITTEES.
Sect.
1.
2.
4A.
State committees. Election, terms,
etc.
Ward and town committees. Elec-
tion, terms, etc.
City committee.
City, ward and town committees.
Organization.
Procedure on failure to elect or
organize.
Lists of ofScers and members to
be filed.
Sect.
6.
7.
10.
Vacancies.
Ward committees, terms of office of
members and disposition of funds
upon redivision of a city into
wards.
Organization of existing committees.
Number of members, etc., how fixed.
Committees may make rules and
regulations, etc.
1 Section 1. Each political party shall, in the manner herein pro- state com-
2 vided, elect from among its enrolled members a state committee, the EiorUon, terms,
3 members of which shall hold office for two years from January- first next isgs, 4S9, § 3.
562 POLITICAL COMMITTEES. [ChAP. 52.
i9oi' 40?' 1 1^' following their election and until their successors shall have organized. 4
R. l1ii,'§80. Said committee shall consist of one member from each senatorial dis- 5
§§ 89, 456. trict, to be elected at the primaries before each biennial state election 6
§§ i,'i8. ' by plurality vote of the members of his party in the district, and such 7
§1^88*503. number of members at large as may be fixed by the committee, to be 8
1919! 269! 1 8.^' elected at the state convention. 9
1927, 25, 5 1; The members of the state committee shall, in January following their 10
election, meet and organize by the choice of a chairman, a secretary, all
treasurer and such other officers as they may decide to elect. 12
The secretary of the state committee shall, within ten days after such 1.3
organization, file with the state secretary, and send to each city and town 14
committee, a list of the members of the committee and of its officers. 15
A vacancy in the office of chairman, secretary or treasurer of the 16
committee or in the membership thereof shall be filled by the commit- 17
tee, and a statement of any such change shall be filed as in the case of 18
the officers first chosen. 19
rommiue'll'"'" SECTION 2. Each political party shall, in every ward and town, 1
Srm*s,°etc. ^Icct at the primaries before each biennial state election from among 2
1895' 489' I f ^'^® enrolled members of the party a committee to be called a ward or .3
1896! 469! § 10. town committee, whose members shall hold office for two years from 4
1899! 346! § 1. ' January first following their election and until their successors shall have 5
1907! 560, ' organized, except as provided in section seven. 6
^^^°''*^''' 1913, 835, §§89, 503. 1915.42. 1925, 114, § 1.
1914, 790, § 13. 1919, 269, § 9. 1927, 25, § 2.
Smmittee. SECTION 3. The members of the several ward committees of a politi- 1
1894, 504, § 2. cal party in a city shall constitute the city committee. 2
1S95. 489, § 4. 1899, 346, § 1. 1913, 835, §§ 89, 503.
1896, 469, § 10. R. L. 11. § 81. 1914, 790, § 13.
1898, 548, § 82. 1907, 560, §§ 90, 456. 1919, 269, § 9.
Sd'toTn'' Section 4. Each town committee shall, between January first and 1
committees. MaTch first following its election, and each ward and citv committee 2
Organization. " ,,..„. > ir* o
1894, 504, § 2. shall, within thirty days after the beginning oi its term ot office, meet S
1896! 469! § lb. and organize by the choice of a chairman, a secretarv, a treasurer and 4
1899! 346! § 1. ■ such other officers as it may decide to elect. At such meetmg the com- 5
1907! 560,^ ^^' mittee may add to its numbers. 6
§§ 90, 456. jg,3 835^ 55 39^ 503. 1919, 269, § 9.
1914, 790, § 13. Op. A. G. (1920) 201.
flSmeTo^iect Section 4A. In casc there is a failure of election of a ward or town 1
yooJ^^^J,^"' committee, the city committee or the state committee, respectively, of 2
the political party which said ward or town committee represents snail 6
appoint from among the voters qualified therefor the members of such 4
committee and shall call a meeting for its organization, in such call 5
appointing a time for holding the same and naming a person to preside 6
thereat. If a ward committee or a city or town committee fails to meet 7
within the time prescribed by section four and organize the city com- 8
mittee or the state committee, respectively, of the political party which 9
such ward, city or town committee represents shall call a meeting for its 10
organization, in such call appointing a time for holding the same and 11
naming a person to preside thereat. In the event that a ward or town 12
committee fails to meet at the time appointed as aforesaid and organize 13
CllAP. 52.] POLITICAL COMMITTEES. 563
14 the election of each of its members shall be void and the same proceed-
15 ings shall be had as is herein provided in the case of a failure of election.
1 Section 5. The secretary of each city, ward and town committee Lists of officers
2 shall, within ten days after its organization, file with the state secretary, to'be'm'cd"'^"
3 with the city or town clerk and with the secretary of the state committee Hit] 1%] | f_
4 of the political party which it represents, a list of the officers and mem- HH' |^|; | p-
5 bers of the committee, together with the addresses of such officers. ^ ^- ii' § **•
1907, 560, 5§ 90. 436. 1914, 790, § 13. 1928, 212, § 2.
1913, S35, §§ 89, 503. 1919, 269, § 9.
1 Section 6. A vacancy in the office of chairman, secretary or treas- Vacancies.
2 urer of a city, ward or town committee or in the membership of a ward or isn.-,i 4.S9! § s.
3 town committee shall be filled by such committee, and a statement of Jgljg; 3^6, 1 1.^'
4 any such change shall be filed as in the case of the officers first chosen. ^- ^- ^^' ^ ^^•
1907, 560, §§90, 456. 1914, 790, § 13. 1928, 212, § 3.
1913, 835, §§ 89, 503. 1919, 269, § 9.
1 Section 7. The terms of office of the members of the ward com- ward com-
2 mittees of a city elected at the biennial state primary next preceding a S'oil'?eof™
3 redivision thereof into wards shall terminate on the twentieth day after dls"osft1on"o1
4 the holding of the next following biennial state primary; and the terms '"."ivis^on of a
5 of office of the members of the w'ard committees of such city elected at "^y ,'°">
J,,,.,.., . ., wards.
6 said next following biennial state primary shall commence on said is95, 507, 5 30.
n , ,• ,1 1 ,1 ,■, .^ 1 1 •,. I 11 1896. 469, § 14.
7 twentieth day, or as soon thereafter as the several ward committees shall i89s. 548, § 83.
8 organize, which shall be within ten days after said twentietli day, and 1907,660,
9 shall continue for two years from January first following their election iJis'sts^'
10 and until their successors shall have organized. igis^'ioo*'
11 Upon the redivision of a city into wards the treasurer of each ward Jga?' n?' I o"'
12 committee of a ward affected by such redivision shall, before the termina- i928i 212I § 4.
13 tion of office of tlie members tliereof, pay over to the treasurer of tlie city
14 committee representing the same political party such funds of the ward
15 committee as he has in his possession after paying all bills. In the state-
IG ments required under section seventeen of chapter fifty-five, the treasurer
17 of the ward committee making such payment shall report it as a disburse-
18 ment and the treasurer of the city committee receiving it shall report it
19 as a receipt.
1 Section 8. Committees existing at the time when the party which organization
2 they represent first polls for governor at a biennial state election three TOmmHt"ra.
3 per cent of the entire vote cast in the commonwealth for that office Jsg?', 530! 1 10.
4 shall be deemed elected under this chapter, and shall be subject to its r^l ii^'s^sa^'
5 provisions.
1907, 560. §§92,456. 1913, 835. §§ 91, 503. 1919, 269, § 1.
1 Section 9. The state committee shall fix the number of delegates to Number of
2 the state convention, not less than one for each ward or town. City and hoTfixed."^ °"
3 town committees shall fix the number of members of ward and town com- \l\l[ I3"; ^ ^'
4 mittees, not less than three for each ward or town. Notice of the number j9iy^257°^§ 13.
5 of delegates and members of committees to be elected shall be given by the 1^19, s.
6 state, city or town committee, as the case may be, to the state secretary 1926! 160.
7 on or before August first. In case a city or town committee fails to fix the
8 number of the members of a ward or town committee and to give notice
9 thereof as aforesaid to the state secretary, the number of members of such
10 a ward or town committee to be elected shall not exceed ten.
564
POLITICAL COMMITTEES. NOMINATIONS, ETC. [ChaPS. 52, 53.
nmy makfruies SECTION 10. A State, city OF town Committee may make rules and
and regulations, regulations, consistent with law, for its proceedings, and a state coni-
lit' 489' 1 6' '"^ttee may make rules and regulations, consistent'with law, for calling
189?; sab! § lb. conventions.
1898, 548, § 85.
1899, 329, 5 1.
R. L. 11, § 84.
1902, 225; 492.
1907, 560, §§93, 456.
1908, 428.
1913,835, §§92, 503.
CHAPTER 53
NOMINATIONS, QUESTIONS TO BE SUBMITTED TO THE VOTERS,
PRIMARIES AND CAUCUSES.
Sect.
nomination of candidates.
1. What parties may make nomina-
tions.
2. Nominations, how made.
3. Candidate whose name is not printed
on primary ballot must accept
nomination to have name printed
on election ballot.
4. Calling and holding of conventions.
5. Certificate of nomination, contents,
signatures, oath of officer.?, filing.
6. Nomination papers, number of sig-
natures.
7. Same, signatures: form, qualifica-
tions of signer, certification, limit-
ing number.
8. Certificates of nomination and nomi-
nation papers, contents, party
designation, etc.
9. Same, filing, acceptance.
10. Time for filing certificates of nomi-
nation and nomination papers.
11. Objections, necessity, time of filing,
etc.
12. Objections, etc., by whom con-
sidered, powers, notice, etc,
13. Withdrawal of names of candidates.
14. Nomination to fill vacancy, how
made, when filed, objections, etc.
15. Certificate in case of nomination to
filbvacancy, acceptance.
16. Certificates, etc., public inspection,
preservation, etc.
17. Blanks for nomination.
QUESTIONS TO BE SUBMITTED TO THE
VOTER.S.
18. Opinion of voters to be ascertained
as to amendments to federal con-
stitution in certain cases.
19. Questions of public policy to be sub-
mitted in certain districts upon
application.
20. Signers to be certified, etc., as in case
of nomination papers.
21. Filing of applications. Limitation
of number and resubmission of
questions.
Sect.
22. No instruction except by majority of
votes cast.
initiative and REFERENDUM PETITIONS.
22A. Objections to signatures appended
to initiative and referendum pe-
titions. Filing, reference, effect.
PROVISIONS APPLYI.VG TO ALL PniMAIilES.
23. Certain sections to apply to all
primaries.
24. Conduct of primaries.
25. Withdrawal of candidates.
26. Nomination papers, validity. Ob-
jections, time for filing.
27. Objections, etc., by whom con-
sidered.
28. Days and places of holding pri-
maries.
29. Officers may be designated to serve
at primaries.
30. Same subject.
31. Certain persons not ineligible as pri-
mary officers.
32. Ballots for primaries, preparation
and number.
33. Ballots for each party to be printed
on paper of a different color, etc.
34. Ballots, substance, arrangement and
form.
35. A cross to constitute a vote, etc.
36. DeUvery of ballots, etc., at polling
places. Posting specimen ballots.
37. Party enrolment of voters.
38. Voters enrolled in one political party
not to receive ballot of another
political ixirty, except, etc.
39. Counting of votes.
40. Number of votes needed to nomi-
nate by pasters, etc.
PROVISIONS APPLYING TO STATE PRIMARIES.
41. Nominations and elections at state
primaries. Sections applicable.
42. Notice to state secretary that pri-
maries will be held by wards, pre-
cincts, or groups of precincts.
43. When polls shall be open.
Chap. 53.]
NOMINATIONS, ETC.
565
Sect.
44. Nomination papers, number of sig-
natures.
45. Same subject. Contents, qualifi-
cations of signers, acceptance,
number of candidates.
46. Same subject. Certification, limi-
tation on candidates.
47. Same subject. Preparation, etc.
48. .S.ame subject. Last day for filing.
49. Nomination in case of death, with-
drawal or ineligibility.
50. Vacancies caused by withdrawal,
time of filling, objections.
51. Counting of ballots.
52. Canvass and returns of votes, etc.
53. Vacancies caused by ties or in dele-
gations or committees, how filled.
53A. Objections to nominations. Witli-
drawals of nominees.
54. State conventions of political parties.
PROVISIONS APPLYING TO CITY AND TOWN
PRIMARIES.
55. Primaries for municipal nomina-
tions. Certain sections to apply.
56. Submission of question of holding
primaries. Notice of result to
state secretary.
57. Notices of intention to participate
in primaries to be furnished.
58. Blank nomination papers to be pro-
vided, etc.
59. Nominations to be made by nomina-
tion papers, signatures, accept-
ance.
60. Nomination papers, etc.
61. Same subject. Filing, certification,
etc.
62. Vacancies, how filled.
63. Polls to be open during certain hours.
64. Canvass of returns of votes, etc.
PROVISIONS APPLYING TO PRESIDENTIAL
PHIMARIE.S.
65. Certain sections to apply to presi-
dential primaries.
66. Delegates to national conventions,
election, fixing number, etc.
67. Notice to state secretary of determi-
nation to hold primaries by wards,
precincts, etc.
68. Preference of delegates for president
to be placed on ballots if candi-
date assents.
69. Vacancy in delegation to national
convention, how filled.
70. Certain provisions of law to apply.
PKOVLSIONS APPLYING TO ALL CAUCUSES
OF POLITICAL PARTIES.
71. Certain cities and towns to nominate
at caucuses. Certain provisions of
law to apply.
Sect.
74.
75.
76.
77.
78.
79.
80.
81.
City and town committees may
make regulations, etc.
Caucuses may be held by precincts
or groups of precincts in certain
cases.
Caucuses relative to special election.
Calling of caucuses, etc.
Caucuses open only to members
of political party calling them.
Challenges. Oath.
Voting lists to be used.
Tie vote for caucus officers.
Certificates of election, etc.
Returns of caucuses at which direct
nominations are made, tabulation
of results, notice to nominees, etc.
Tie vote in cases of direct nomina-
tion, how filled.
PROVISIONS APPLYING TO CAUCU.SES OF
POLITICAL PARTIES AT WHICH OFFICIAL
BALLOTS ARE NOT USED.
82. Polling places to be provided, etc.
83. Notice of caucuses. Procedure.
84. Balloting and duration of caucus.
85. Proceedings in case of tie vote for
elective office, etc.
86. Ballots and check lists to be trans-
mitted to city or town clerk.
87. In case of contest, etc., ballots to be
preserved until finally determined.
Recounts.
PROVISIONS APPLYING TO CAUCUSES OP
POLITICAL PARTIES AT WHICH OFFICIAL
BALLOTS ARE USED.
88. Calling, etc., of caucuses at which
official ballots are used.
89. Adoption of law for official ballots at
caucuses.
90. Acceptance may be revoked, etc.
Notice of action.
91. Time of holding caucuses.
92. Notices of caucuses to contain cer-
tain information, etc.
93. Polling places, etc., to be provided.
Voting in two or more lines.
94. Seven days' notice to be given by
city and town committees, etc.
95. Blank nomination papers to be pro-
vided, etc.
96. Nominations to be made by nomina-
tion papers, etc.
97. Nomination papers, sealing, filing,
opening, etc.
98. Correction of errors, etc.
99. Proceedings in cities when papers
are not filed, nomination by ward
committee, etc.
100. Proceedings in towns when papers
are not filed, etc.
101. Withdrawals. Filling vacancies.
102. Nomination papers to be delivered
to city or town clerk.
103. Correction of errors, etc.
566
NOMINATIONS.
[Chap. 53.
Sect.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
Objections to nomination papers,
etc., by whom considered.
Cities and towns to provide ballots,
etc.
Form of official ballot, etc.
Certain provisions of law to apply.
Order of business.
Challenges.
Counting of ballots. Announce-
ment, etc., of result. Sealing,
transmission, etc., of record, etc.
Certified copy of voting list as
checked to be furnished.
Recount of ballots, etc.
Caucus officers, election, persons
eligible, term of office, oath,
duties.
Sect.
114.
115.
116.
Vacancies, additional officers, etc.
Appointment of officers to serve at
first caucus.
Caucus officers in newly incorpo-
rated city or on rediWsion into
wards, etc.
PROVISIONS APPLYING TO CAUCUSES OTHER
THAN THOSE OF POLITICAL PARTIES.
117. Twenty-five or more voters may
hold caucus for city and town
offices, representative, etc.
Notice and conduct of caucus.
Caucus to vote by ballot upon
written request, etc.
Preservation of ballots and voting
lists, etc.
lis.
119.
120.
NOMINATION OF CANDID.\TES.
What parties
may make
nominations.
1888, 436,
§§2,3.
1889,413, § 3.
1890, 436, § e.
1893,417, § 75,
1895, 323.
1898, S48,
§136
Section 1. At any primary, caucus or convention held under this 1
chapter, each party having the right to' participate in or iiold the same 2
may nominate as many candidates for each office for which it has the .3
rigiit to make nominations therein as there are persons to be elected to 4
that office, and no more. A party which has not polled at the preceding 5
state or municipal election the vote required to make it a political or 6
?907,' 660,^ ^^''^ municipal party as defined in section one of chapter fifty, but which 7
at the three preceding biennial elections has polled in the common- S
wealth, or in any district, county, city, town or ward, respectively, a 9
number of votes for governor equal to the ninnber of voters required to 1(1
nominate by nomination papers a candidate for an office which is to be 11
filled by election therein, may hold a caucus or convention and make a 12
nomination for the office so to be filled. A party which makes one or 1.3
more nominations shall be entitled to have the name of each of its can- 1-1
didates printed on the ballot to be used at the ensuing election; but, 1")
unless the nomination is made by direct plurality vote in a primary or in Hi
several caucuses held in more than one ward or in more than one precinct 17
or group of precincts, a certificate of nomination must be filed as pro- IS
vided in section five. 19
§§165,456,
1913, 835.
§§ 192, 503.
1919, 269, § 11.
2.50 Mass. 188.
1 Op. A. G. 388.
KTi'imtle""^' Section 2. Except in the case of municipal nominations where city
1888,^441, Qi- town charters otherwise provide, candidates of political parties for
i|89.4i3, all elective offices, except presidential elector, shall be nominated, and
1890,386, §4. members of political committees and delegates to conventions shall be
1895! 489,' § 10; clectcd, iu primaries or caucuses, and the nomination of any party other
507, §2. than a political party, in any district containing more than one ward
or town, shall be made by a convention of delegates chosen by caucuses
held under section one hundred and seventeen in the wards and towns
1898, 548.
§§ 86, 132.
1899, 355.
1900, 120,
1901, 402, § 1.
It. L. 11,
§§85, 86. 132.
1907, 560,
§§94,95, 161,
16fl. 4.56.
1909, 486, § 52,
1911, 550, § 1.
1913,835, §§113, 186,
190, 191, 193.
1918, 257, § 16.
1919. 5.
1920, 2.
1 Op. A. G. 88.
2 Op. A. G. 225,642.
1
2
3
4
5
G
7
8
9
10
of the district for which the nomination is to be made. All nominations
and elections in primaries and caucuses shall be by direct plurality vote.
No candidate shall be nominated, or political committee or convention 1 1
delegate elected, in any other manner than is herein provided. 12
Candidate SECTION 3. A pprson whose name is not printed on a state primarv 1
not printed on ballot as a Candidate tor an olhcc but who receives sumcicnt votes to 2
Ch.\P. 53.] NOMINATIONS. 567
3 nominate him therefor, shall file a written acceptance of the nomination primary ballot
4 in the office of the state secretary before the last hour for filinfj certifi- nomlnS'
5 cates of nomination for such office, otherwise his name shall not he printed printed "n""^
6 on the ballot as a candidate for that office at the ensuing state election. i9f2'"?73"'""*
1913, 516; S35, §§ 193, 503. 1927, 24, § 1.
1 Section 4. No convention to nominate candidates shall be called h^/,','j"^ ^"''
2 for or held on a date earlier than four days after tlie holding of the cau- cunvcmions.
3 cuses for the choice of delegates thereto, and all such conventions shall isas! sis!
4 be called for and held on a date not later than forty-eight hours prior to iIoo^'hI^'
5 the hour for filing certificates of nomination as providecl in section ten. looi.Mv.
R. L. 11, § 140. 1907, 560, §§ 168, 456. 1913, 835, §§ 195, 503.
1 Section 5. Every certificate of nomination shall state such facts as Certificate of
2 are required by section eight and shall be signed and sworn to by the TOntrats',""'
3 presiding officer and by the secretary of the caucus or convention, who oltToT"^'
4 shall add to their signatures their residences. The secretary shall within i^™ "if"?!'
5 the seventy-two hours succeeding fi\-e o'clock in the afternoon of the j-^no! sm. § s^
6 day upon which the caucus was held or the session of the convention isns! 548!
7 terminated, and witliin the time specified in section ten, file such certifi- r. l.'ii, §112.
8 cate at the place specified in section nine. u'lii.^se.
1911,355. 1913, 835, §§ 197, 503. 198 Mass. 340.
[Penalty for forgery, etc., of certificate. Chap. 56, § 13.]
1 Section 6. Nominations of candidates for any offices to be filled Nomination
1 T 1 papers, number
2 by all the voters oi the commonwealth may be made by nomination of signatures.
3 papers, stating the facts required by section eight and signed in the isso! 4i3i ^ 4!
4 aggregate by not less than one thousand voters. Nominations of all isiis! 41?! § 77.
5 other candidates for offices to be filled at a state election, and of all §*i'4o.^**'
6 candidates for offices to be filled at a city election except where city frjo2; ots.S'.?^'
7 charters provide otherwise, may be made by like nomination papers, \f°^' **^- 1 *■.
8 signed in the aggregate by two voters, in the case of offices to be filled sbo. '§§172,
9 at a state election, and one voter, in the case of offices to be filled at ibop, 486, 1 53.
10 a city election, for every one hundred votes cast for governor at the §§198,563.
11 preceding biennial state election in the electoral district or division for {924; 201! ^ ''
12 which the officers are to be elected, but in no event by less than fifty q^ ^'^q- **^-
13 nor more than one thousand in the case of offices to be filled at a state (i^^o) 252.
14 election, or by less than fifty nor more than two hundred and fifty in the
15 case of offices to be filled at a city election. Nominations of candidates
16 for offices to be filled at a town election may be made by nomination
17 papers signed in the aggregate by at least one voter for every fifty votes
IS polled for governor at the preceding biennial state election in such town,
19 but in no case by less than twenty voters. At a first election to be held
20 in a newly established ward, the number of voters upon a nomination
21 paper of a candidate who is to be voted for only in such ward need not
22 exceed fifty; and at a first election in a town the number for the nomi-
23 nation of a candidate who is to be voted for only in such town need not
24 exceed twenty.
1 Section 7. Every voter signing a nomination paper shall sign in Same, signa-
2 person, with his name as registered, and shall state his residence on April qu'aUficatki'ns of
3 first preceding, and the place where he is then living, with the street and cat"on. '^Umldng
4 number, if any; but any voter who is prevented by physical disability Jg^^Yis, § 4.
5 from writing or who had the right to vote on May first, eighteen hundred 4|"\?f'i\,*'
6 and fifty-.seven, may authorize some person to write his name and J^-;?' ^l^', § 78.
1895, 2u2, § I -
568 NOMINATIONS. [ChAP. 53.
1896,469, §5. residence in his presence; and every voter may sign as many nomina- 7
§ 141. ' tion papers for each office as there are persons to be elected thereto, and 8
1906,' 444, /!.*■ no more. Every nomination paper of a candidate for a state office and, 9
mysltes. except where otherwise provided by law, of a candidate for a city or 10
1913' 835! ^ ^' town office shall be submitted, on or before five o'clock in the afternoon 11
|Jjl?9^,503. of the Friday preceding the day on which it must be filed, to the regis- 12
1918! 122. trars of the city or town where the signers appear to be voters. In each 13
1922! 214! § 1! case the registrars shall check each name to be certified by them on the 14
lesVaitsag. nomination paper and shall forthwith certify thereon the number of 15
signatures so checked which are names of voters both in the city or 16
town and in the district or division for which the nomination is made, 17
and only names so checked shall be deemed to be names of qualified 18
voters for the purposes of nomination. The registrars need not certify 19
a greater number of names than are required to make a nomination, in- 20
creased by one fifth thereof. Names not certified in the first instance 21
shall not thereafter be certified on the same nomination papers. The 22
state secretary shall not be required to receive nomination papers for a 23
candidate after receiving such papers containing a sufficient number of 24
certified names to make a nomination, increased by one fifth thereof. 25
nominati'on and SECTION 8. All certificates of nomination and nomination papers 1
pa™irT'o™- shall, in addition to the names of candidates, specify as to each, (1) his 2
tents, party residence, with street and number, if any, (2) the office for which he is 3
designation, . , , ' .■.,,.
etc. nominated, and {6), except as otherwise provided in this section and m 4
1889! 4i:i! § !5! city charters, the party or political principle which he represents, ex- 5
436, '§ 2.''' ' pressed in not more than three words. Certificates of nomination made G
1893! 41?! § 79. b,y convention or caucus shall also state what provision, if any, was made 7
1898! 548' ^ *■ ^^^ filling vacancies caused by the death, withdrawal or ineligibility of 8
R^L^ 11 § 146 candidates. The names of the candidates for president and vice presi- 9
1907,429, §7:' dent of the United States may be added to the party or political desig- 10
456! ' nation of the candidates for presidential electors. To the name of each 1 1
1909! 486! 5 53. Candidate for alderman at large shall be added the number of the ward 12
§§'261*^563. in which he resides. 13
Op.^A^G.' ^ '■ ^^ ^ candidate is nominated otherwise than by a political party, the 14
(1920) 252. name of a political party shall not be used in his political designation. 15
Lke"ratmn,°etn , Certificates of nomination and nomination papers for town offices need 16
°l°er'"etf'°° "°* iucludc E designation of the party or principle which the candidate 17
Chap.' 56, § 13.1 Tcprescnts. 18
f?c1!pta''nc"^' Section 9. Certificates of nomination and nomination papers for 1
1889! 413! I e! ^t^t^ offices shall be filed with the state secretary. Certificates of nom- 2
i|90' 3|6, § 6; ination or nomination papers for city and town offices shall be filed with 3
ligs' 349- ^'^*^ *"'^-^ °'" t°^^" clerk. Every nomination paper shall be filed by a 4
417, '« 81. 83. responsible person, who shall sign such paper and add to his signature 5
1898! 54s! ■ his place of residence, giving street and number, if any; and the state 6
r'l'ii, § 147. secretary or the city or town clerk shall require a satisfactory identifica- 7
ITiii^ise. ^^^^ ^^ s^'c'^ person. No nomination paper shall be received or be valid 8
§§^2^^603 unless the written acceptance of the candidate thereby nominated shall 9
be filed therewitii. 10
[Penalty for filing forged, etc., paper, or suppressing valid paper, Chap. 56, § 13.)
JerTifiraLfol^ Section 10. Ccrtificatcs of nomination of candidates for offices to 1
nominatioS """* ^^ filled by all the voters of the commonwealth, except for presidential
o
electors, shall be filed on or before the seventh !Monday, and of all other 3
Chap. 53.] nominations. 569
4 candidates for offices to be filled at a state election, including presidcn- 5||^;^J|; |^
5 tial electors, on or before the fifth Thursday, and nomination papers iwii; aiw! ^^
() of all candidates for offices to be filled at a state election, on or before the iw->, 244!
7 twelfth Tuesday, preceding the day of the election; but if there is a §''i«.' '
8 special election to fill any state oflfice, certificates of nomination shall be f,,^- Hf)^ ^''*-
f) filed on or before the twelfth day, and nomination papers on or before fjia^^s^®'
10 the eleventh day, preceding the day of such election.
1913, S35, §5 203, 503. 1919, 289, § 21. 1930. 114.
191S, 293, § 33. 1921, 387. ISl Mass. 29.
11 In cities, except in Boston and where city charters provide otherwise, indties.
12 certificates of nomination for city offices shall be filed on or before the
1:5 third Monday, and nomination papers on or before the second Wednes-
14 day, preceding the day of the election.
1.") In towns, certificates of nomination for town offices shall be filed on or in towns.
1() before the second Wednesday, and nomination papers on or before the jso?! 91'''
17 second Thursday, preceding the day of the election; but if such Wednes- """■ ^*^-
15 day or Thursday falls on a legal holiday, the said certificates of nomina-
19 tion or nomination papers shall be filed on or before the succeeding day;
20 but if a town election is held on a day of the week other than Monday,
21 such certificates of nomination and nomination papers shall be filed,
22 respectively, on the twelfth and eleventh days preceding the day of the
23 election.
24 Certificates of nomination and nomination papers shall be filed before Last hour
25 five o'clock in the afternoon of the last day fixed therefor. °^ '°^'
1889, 413, § 6. 1891, 74, § 2. 1S93, 417, § 83.
1 Section 11. When certificates of nomination and nomination papers objections,
2 have been filed, and are in apparent conformity- with law, they shall be ti]..e of fiimg,
3 valid unless written objections tiiereto are made. Such objections shall igss, 436, §7.
4 be filed as to state offices with the state secretary, and as to city or town [HI] ^ll[ 1 1]
5 offices with the city or town clerk, and in the case of state offices within ti93,^«7, § gs.
0 the seventy-two week day hours, in the case of city offices, except where i^gs^ 548,
7 citv charters provide otherwise, within the fortv-eight week day hours, R l. u, 1 149.
', . , n tr* ■ I ■ 1 ^1'" 111 1903, 454, 3 Itj.
8 and in the case of town offices within the twenty-tour week day hours, 1995, 3S6,
9 succeeding five o'clock in the afternoon of the last day fixed for filing 1907, 560.
10 the certificate of nomination or nomination papers to which objections 5§i78, 406.
11 are made.
1913, 835, §§ 204, 503. 1927, 24. § 2. 1931, 426, § 174. 191 Mass. 497.
1 Section 12. Objections to nominations for state offices, and all "cTby^hom
2 other questions relating thereto, shall be considered by the state ballot ''l"^l'^f''^^^^^^
3 law commission; to nominations for city offices, except in Boston, by etc '
4 the board of registrars, the city clerk and the city solicitor; and to isgoisseiie-
5 nominations for town offices, by the board of registrars. iso'i, 270.
6 Boards in cities and towns may, at hearings on such objections and {I93; Ji?; ^'
7 questions, summon witnesses, administer oaths and require the produc- ||/4'J'343'^*'
8 tion of books and papers. Such witnesses shall be summoned in the |^^,^'|*3'
9 same manner, be paid the same fees, and be subject to the same penalties isoi-ws, §147.
10 for default, as witnesses before the superior court. A summons may be r. l'. iii.j iso.
11 signed, and an oath may be administered by any member of such board, 1907! 56o,'
12 and the decision of the board shall be final. 1913.835, '
13 When such objection has been filed, notice thereof shall be forthwith §§205,503.
14 mailed by the state secretary, or by the city or town clerk, as the case
15 may be, to the candidates affected thereby, addressed to their residences
570 NOMINATIONS. [ChAP. 53.
as given in the certificates of nomination or nomination papers, and to 16
any party committee interested in the nomination to which objection is 17
made. 18
when™TCrar ^^ mofe Candidates bearing the same designation are nominated for 19
candidates an officc, othcrwisc than by nomination papers, than are to be elected 20
designation. thcrcto, such boards shall determine the candidates, if any, entitled to 21
such designation. 22
1891, 270.
M nameTof SECTION 13. A pcrson nominated as a candidate for any state, city 1
i888''43r§8 o^ town office may withdraw his name from nomination by a request 2
1889! 413! §8. signed and duly acknowledged by him, and filed with the officer with 3
i89i! i!55! ' whom the nomination was filed, within the time prescribed by .section 4
1898! 548! ' eleven for filing objections to certificates of nomination and nomination 5
§148. * ■' a
R. L. 11, 5 151. papers. o
1903, 4.54, 5 16. 1907, 560, §§ 1.S0, 456.
1905, 386, §§ 4, 16. 1913, 835. §§ 206, 503.
[Penalty for forgery, etc., of withdrawal. Chap. 56, § 13.1
fiifvlranc™ *° Section 14. If a candidate nominated for a state, city or town office 1
how made, ' (jigg before the day of election, or withdraws his name from nomination, 2
when niecl, •■ P'rY->i*io
objections, etc. or is fouud ineligible, the vacancy, except tor city offices where city char- 3
i89i! 278! ' ters provide otherwise, may be filled by the same political party or persons 4
1895! 253! §2.' who madc the original nomination, and in the same manner; or, if the 5
1898! 548! ^ ''' time is insufficient therefor, the vacancy may be filled, if the nomination 6
VSii, § 152. was made by a convention or caucus, in such manner as the convention 7
1905' 386' * '^' o"" caucus may have prescribed, or, if no such provision has been made, 8
§§5,' 10, 16. by a regularly elected general or executive committee representing the 9
§§181.456. jolitical party or persojis who held such convention or caucus. In the 10
§§207, .503. event of the withdrawal or death of any candidate of a political party 11
1929, 283. nominated by direct nomination for any office, the vacancy may be filled 12
by a regularly elected general or executive committee representing the 13
election district in which such vacancy occurs, or, if no such committee 14
exists by the members of the town committee in any town comprising 15
such district, by the members of the ward committee or committees in the 16
ward or wards comprising such district if within the limits of a single city, 17
or by delegates chosen as hereinafter pro\ided by and from the members 18
of the ward and town committees in the wards and towns comprising such 19
district if within the limits of more than one municipality, at a meeting to 20
be called by such a member or delegate, as the case may be, designated 21
by the chairman of the state committee, and such member or delegate 22
shall preside until a chairman of such meeting is elected. Each ward and 23
town committee in the wards and towns comprising such a district within 24
the limits of more than one municipality .shall, as occasions arise, choose 25
from its members delegates to fill ^•acancies as hereinbefore provided, in 26
such manner as it may determine by its rules and regulations, to a number 27
not exceeding one for each five hundred votes, or fraction thereof, cast in 28
its ward or town for the candidate of the party for governor at the la.st 29
state election, and shall forthwith notify the state secretary of the dele- 30
gates so chosen. If a vacancy is caused by withdrawal, certificates of 31
nomination made otherwise than in the original manner shall be filed 32
within seventy-two week day hours in the case of state offices, or within 33
forty-eight week day hours in the case of city or town offices, succeeding 34
five o'clock in the afternoon of the last day for filing withdrawals. They 35
shall be open to objections in the same manner, so far as practicable, as 36
Chap. 53.] questions to be submitted to the voters. 571
37 other certificates of nomination. No vacancy caused by withdrawal shall
38 he filled before the withdrawal has been filed.
1 Section 15. When a nomination is made to fill a vacancy caused by Certificate in
i kji^^iiv'is J. -f .-..,.,. p i. , I .-r- , !■ case of nomi-
2 the death, withdrawal or meh^ibihty of a candidate, the certificate oi nation to an
3 nomination shall, in addition to the other facts required, state the name ™pmn7e.'"'"
4 of the original nominee, the fact of his death, withdrawal or ineligibility, llg?;^: ^*"
5 and the proceedings had for filling the vacancy; and the presiding oflScer }|«-^; *ll_ | f-
6 and secretary of the convention or caucus, or the chairman antl secretary '^fls, s**.
7 of an authorized committee, shall sign and make oath to the truth of the k^L.Uj, § iss.
8 certificate, and it shall be accompanied by the written acceptance of the §§ 182! 456.
9 candidate nominated.
1913,835, §§208,503.
1 Section 16. Certificates of nomination, nomination papers, objec- Certificates,.^
2 tions thereto and withdrawals, when filed, shall, under proper regulations, spectrn, pre"-
3 be open to public inspection, and the state secretary and the city and !888'.'436,''§%.
4 town clerks shall preserve the same in their offices for one year. i**^' "^' ^ ^•
1890 386. §6:436, §8. 1S9S, 548, § 1.51. 1907,560. §§ 183,456.
1893; 41?; § 88. R. L. 11, §154. 1913, 835, §§ 209, 503.
1 Section 17. The state secretarv shall, upon application, provide Blanks tor
, . . ,,1.1 cii^\ m IT nomination.
2 blank forms for the nomination of candidates tor all state ottices; and he mo?, 560,
3 shall send blank forms for certificates of nomination for the oflice of repre- iyi3*'835,
4 sentative in the general court to the clerk of each city and town for the ^ 210.
5 use of any caucus or convention other than of political parties held therein
6 for the nomination of candidates for that oflnce. He shall likewise provide
7 the clerks of towns wherein official ballots are used with blank forms for
8 the nomination of candidates for town offices.
questions to be submitted to the voters.
1 Section 18. If a proposed amendment to the federal constitution is Opinton^of
2 duly submitted to the general court as provided in article five of the con- as°cenaine/as
3 stitution of the United States, and is not ratified at the session at which '^J,
4 it is submitted, there shall be submitted to all the voters of the common- '^^^
5 wealth at the following state election, if such an election is to occur prior H'^^^^^"^-
6 to the next regular session of the general court, otherwise at such special
7 or regular state election as the general court may order, the question
8 whether such ratification is desirable. The question shall be placed
9 upon the official ballot in the following form: "Is it desirable that the
10 proposed amendment to the constitution of the United States (describing
11 the same) be ratified by the general court?" The votes cast shall be
12 received, sorted, counted, declared and transmitted to the state secretary,
13 laid before the governor and council, and by them opened and examined
14 in accordance with the laws relating to votes for state officers so far as
15 they are applicable, and the governor shall thereupon communicate to
16 the general court the total number of votes cast in the affirmative and in
17 the negative for the proposed amendment, and likewise the same totals
18 arranged by senatorial and representative districts.
1 Section 19. On an application signed by twelve hundred voters in QuestjoM of
2 any senatorial district, or by two hundred voters in any representative to be subniitted
3 district, asking for the submission to the voters of that senatorial or "ricTs upon '^"
4 representative district of any question of instructions to the senator or i^is'^slg^j 1.
> amend-
ments to
federal con-
tut.ion in
572
PRIMARIES.
[Chap. 53.
1925, 97.
265 Mass. 16.
Op. A G.
(1919) 99.
representatives from that district, and stating the substance thereof, 5
the attorney general shall upon request of the state secretary determine 6
whether or not such question is one of public policy, and if such question 7
is determined to be one of public policy, the state secretary and the 8
attorney general shall draft it in such simple, unequivocal and adequate 9
form as shall be deemed best suited for presentation upon the ballot. 10
Upon the fulfilment of the requirements of this and the two following 11
sections the state secretary shall place such question on the official 12
ballot to be used in that senatorial or representative district at the next 13
state election. li
Signers to be
certified, etc.,
as in case of
nomination
papers.
1913, 819, § 2.
Filing of
applications.
Limitation of
number and
resubmission
of questions.
1913, 819, § 3.
No instruction
except by
majority of
votes cast.
1913, 819, § 4.
(Const. Rev.
art. 19).
Section 20. Signers of applications shall append to their signatures 1
their residence, with street and number, if any, and shall be certified as 2
registered voters by the proper registi-ars of voters. All laws relating to 3
nomination papers shall, so far as applicable, apply to such application. 4
Section 21. Applications shall be filed with the state secretary not 1
less than sLxty days before the election at which the questions are to be 2
submitted. Not more than two questions under section nineteen shall 3
be placed upon the ballot at one election, and they shall be submitted 4
in the order in which the applications are filed. No question negatived 5
and no question substantially the same shall be submitted again in less 6
than three years. 7
Section 22. No vote under the three preceding sections shall be 1
regarded as an instruction under article nineteen of the bill of rights 2
of the constitution of the commonwealth, unless the question submitted 3
receives a majority of all the votes cast at that election. 4
initiative and referendum petitions.
Objections to
signatures
appended to
initiative and
referendum
petitions.
Filing, refer-
ence, effect.
1924, 302, § 1.
Section 22A. Objections that signatures appearing on an initiative
or referendum petition have been forged or placed thereon by fraud and
that in consequence thereof the petition has not been signed by a
sufficient number of qualified voters actually supporting such petition,
as required by the constitution, may be filed with the state secretary not
later than the sixtieth day prior to the election at which the measure
therein proposed or the law which is the subject of the petition is to be
submitted to the voters, except that, if a referendum petition is lawfully
filed after the sixty-third day prior to said election, such objections may
be filed not later than seventy-two week day hours succeeding five
o'clock of the day on which such petition is so filed. If upon hearing or
otherwise it appears to the state secretary that there is substantial evi-
dence supporting such objections, he shall refer the same to the state 13
ballot law commission, which shall investigate the same, and for such 14
purpose may exercise all the powers conferred upon it relative to objec- 15
tions to nominations for state offices, and if it shall ajjpear to said com- 16
mission that the objections have been sustained it shall forthwith reject 17
the petition as not in conformity with the constitution and shall notify IS
the state secretary of its action. 19
1
2
3
4
5
6
7
8
9
10
11
12
provisions applying to all primaries.
toapp"y to It Section 23. Sections twenty-four to forty, inclusive, shall apply to 1
primaries. g\\ primaries, except as therein otherwise provided. 2
Chap. 53.] primaries. 573
1 Section 24. Primaries shall be subject to all laws relating to elec- Conduct of
2 tions and corrupt practices therein, so far as applicable and except as la'oTwl;
3 otherwise provided hi this chapter and in chapters fifty-four, fifty-five 1907, sbo,
A J nsj. ■ 5§ 144, 151,
4 and nity-six. 456.
1908, 423. § 2. 1913, 835, §§ 93, 98, 503. 250 Mass. 188.
1 Section 2-5. Withdrawals of nominations of persons to be voted for ^^[l'^,',',^^",^"' °^
2 at primaries shall be subject to section thirteen, except that the date 'j||' |j|'| 20.
3 from which the time for filing withdrawals shall be computed shall be iSilS; lis.
4 the last day for filing nomination papers for such primaries, and that the i9oi^'249, §2
5 time shall be forty-eight hours in the case of a town primary. R- ^- "■ ^ '"■
1907, 560, §§ 126, 456. 1911, 550, § 9. 1913, 835. §§ 94, 503.
1 Section 2G. Section eleven shall apply to nomination papers of ^^°p™"*va°
2 candidates to be voted for at primaries, except that the date from ',',';i;J|'ti0^^f„';:
3 which the time for filing objections shall be computed shall be the last filing'
4 day for filing nommation papers for such primaries.
1888, 436, § 7. 1893, 417, § 85. 1905, 386, § 3.
1889, 413, 5 7. 1898,548. § 146. 1907, ,560. §§ 178, 456.
1890, 386, § 6; 436, § 9. R. L. 11, § 149. 1913, 835, §§ 95, 503.
1 Section 27. Objections to nomination papers of candidates to be objections
2 voted for at primaries shall be subject to section twehe, so far as considCTrd."™
3 applicable.
1911,550, §11. 1913, 835, §§96, 503.
1 Section 28. State primaries shall be held on the seventh Tuesday D!;y8^''nd^^y
2 preceding state elections, city primaries on the third Tuesday preceding fnrprimarL.
3 city elections, town primaries on the second Tuesday preceding town IgOTilea
4 elections, and presidential primaries on the last Tuesday in April; except Uoo^ietf'
5 that primaries before a special election shall be held on the second Tues- ^|fi ^5^ 5 2.
6 day preceding the special election. 274"VT*' ^ ^'
7 Except in Boston, they shall be held wholly or partly by wards, 1913^' 8|5j
8 precincts or towns, as the aldermen or selectmen may designate. i9i9,'289,§ 20.
1926, 96.
1 Section 29. The city or town clerk may designate two inspectors officers may be
2 and two deputy inspectors, representing the two leading political parties, se^vrat'^'' '°
3 to serve at primaries, and from the whole body of election officers he fgoirsse, § 13.
4 may designate officers equally representing the two leading political f^^M^^^je.
5 parties to serve as tellers in any precinct or ward during part of the |^^j'5o^-^|53
6 day for the purpose of receiving ballots, checking names, or canvassing [p^„^,^y f^^
7 and counting votes, such tellers to receive such part of a full day's "jj?™/""""*' "'
8 compensation of election officers as the aldermen or selectmen may chap.'56, § 15.)
9 determine.
1 Section 30. In wards or towns where voting is by precincts at elec- ,same subject.
2 tions but by wards or towns at primaries, the city or town clerk shall 1907! .wol
3 designate which of the election officers shall serve as primary officers. ^^ ^^'^^ ''^''•
1913, 833, §5 101, 503.
1 Section 31. A person shall not be ineligible to act as a primary Certain persons
^~,, ,.^ ,., pii.j J." ^^ not ineiiKlble
2 officer because he is a candidate tor delegate to a convention, or, except as primary
3 in Boston, a candidate for or member of a ward or town committee. i903"454, § 8.
1907, 560, §§ 154, 456. 1913, 835, §§ 102, 503. 1917, 80.
574
PRIMARIES.
[Chap. 5'3.
Ballots for
primaries,
preparation
anti number.
1894, .504.
S§ 23, 35.
189.5, 507, § 16.
1898, 548,
5 117. ,
R. L. 11, § 117.
1903, 454, § 6.
1907, 560,
§§ 130, 150,
456.
1911, 5.50, § 12.
1913, S35.
§§103-105,503.
1914, 790,
§5 1-3.
1916, 179,
§5 1-3.
Ballots for
each party to
be printed on
paper of a
different color,
1898, 548,
§117.
Section 32. Ballots shall be prepared and provided, and the number
thereof determined, in state and presidential primaries by the state secre-
tary, in city and town primaries by the city or town clerk. No other
ballots shall be received or counted, except that if ballots provided for
a state or presidential primary are not delivered, or after delivery lost,
destroyed or stolen, ballots similar as far as possible shall be provided by
the city or town clerk and used at the primary. The number of ballots
provided at a city or town primary shall not for any ward or town exceed 8
one ballot of each party for each voter therein. No such ballots shall 9
be printed in any printing establishment owned or managed by the city 10
of Boston. 11
Section 33. Ballots for each party shall be printed on paper of a 1
different color from that on which the ballots for any other party are 2
printed. At least six facsimile copies of the ballot for each party, printed 3
on colored paper, shall be provided for each polling place as specimen 4
ballots. 5
R. L. 11, §
1903, 454,
117.
§6.
1907, 560, §§130, 150, 456.
1913, 835, §1 106, 503.
1914, 790, § 4.
1916, 179, § 4.
Ballots, sub-
stance, ar-
rangement
and form.
1894, 504,
§§ 23-25.
1895, 507,
§§ 16, 18.
1897, 530, § 4.
1898, 548,
§ 118.
1901,402, § 1.
R. L. 11,
§ 118.
1903. 4.54, § 6.
1907, 560,
§§ 131, 456.
1911, 550, § 12.
1913, 835,
§§ 107, 503.
1914, 790. § 5.
1916, 179, § 5,
1923, 302, § 1.
1925, 312, § 1.
Section 34. At the top of each ballot shall be printed the words 1
"Official ballot of the (here shall follow the party name)". On the 2
back of each ballot when folded shall be printed the same words, followed 3
by the number of the precinct and ward or the name of the town for 4
which the ballot is prepared, the date of the primary and for state or 5
presidential primaries a facsimile of the signature of the state secretary 6
and for city or town primaries a facsimile of the signature of the city or 7
town clerk. Names of candidates for each elective office shall be ar- 8
ranged alphabetically according to their surnames. 9
Names of candidates for ward or town committees, and for delegates 10
to conventions shall be arranged in groups in such order as may be de- 11
termined by lot, under the direction of the state secretary, who shall 12
notify each state committee and give a representative of each such 13
committee an opportunity to be present. Wlien necessary, groups may 14
be printed on the ballot in two or more columns. 15
Against the name of a candidate for an elective office, for a ward or IG
town committee or for a member of a state committee shall be printed 17
the street and number, if any, of his residence. 18
Against the name of a candidate for an elective office shall be printed 19
the statement contained in the nomination paper placing him in nomi- 20
nation. 21
No names shall be printed on a ballot other than those presented on 22
nomination papers. Immediately following the names of candidates, 23
blank spaces equal to the number of persons to be chosen shall be pro- 24
vided for the insertion of other names. 2.5
The number of persons to be voted for for the different offices shall be 26
stated on the ballot. 27
The form of ballots and the arrangement of printed matter thereon 28
shall be in general the same as that of the official state ballots, except as 29
otherwise provided in this chapter. 30
A cross to
constitute a
vote, etc
Section 35. A cross (X) marked against a name shall constitute a 1
1894, 504, § 25. vote for the person so designated. A cross in the circle at the head of a 2
1895, 507, § 18. group of Candidates for a ward or town committee or for delegates to a 3
ClL\P. 53.] PBIMARIES. 575
4 state convention shall count as a vote for each candidate therein. A }|^^' ¥^f 5 4-
5 voter may vote for one or more candidates in any such f^roup by marking i^L^-,,
6 a cross against the name of each such candidate, or he may insert another i904. 201.
7 name and mark a cross against it. If he votes for more candidates than §§ 132, 4S6.
8 the number to be elected, his vote shall not be counted.
1913, 835, §§ 108, 503. 1923, 302, § 2. 1925, 312, § 2.
1 Section 36. The city or town clerk, before the opening of the polls on Delivery of
2 the day of the primary, shall deliver at the polling place to the warden afpomng'°"
3 or, if he is absent, to the clerk or, if both are. absent, then to any inspec- p^s'^'ing
4 tor, ballot boxes, ballots, specimen ballots, voting lists, suitable blank hSfj"f "
5 forms and apparatus for canvassing and counting the ballots and making jsaf sw. | 26.
6 the returns, a seal of suitable device and a record book for each polling isos! ms!
7 place. The presiding officer at each polling place shall, before the open- k. l. ii, § 120.
8 ing of the primary, conspicuously post in such polling place at least six hTm^Tss.
9 specimen ballots for each party, which shall be kept so posted until the \flf 1^1; ^ '■
10 polls are closed, except that where voting booths are provided two of i9i'4'"7(;o''^5 g
1 1 the six specimen ballots for each party may be posted on the outside isie, i79i § e.
12 of the booth.
1 Section 37. When, in a primary, a voter seeks to pass the guard f^^'lJi'^jnt ot
2 rail, he shall be asked by one of the ballot clerks with which political ygi^'^'*,-,
3 partv he desires to be enrolled, and the ballot clerk upon replv shall 1907^429!
4 distinctly announce the name of such political party and gi\e him such §§ ise'. 456.
5 political party ballot. The voter's selection shall be checked on the 1913; siss! ^ ^^'
G voting list used by the ballot clerk, and such list shall be returned to the iJulrao^^^ 7.
7 city or town clerk to be retained in his custody as long as he retains the Jgjfj' H^' | j-
8 ballots cast whereupon such voting list shall be transmitted to the regis- J^jS. 89^ § 1
9 trars of voters for preservation for five years after the expiration of which
10 it may be destroyed. Said officers shall, upon receiving a written re-
1 1 quest therefor, signed by the chairman of any ward, town or city com-
12 mittee, or by at least ten voters in the ward, town or precinct for which
13 the list is desired, furnish a certified copy of said list to any ward, town
14 or city committee. The party enrolment of voters on such voting lists,
15 and all subsequent party enrolment of voters, shall be transferred each
16 year to the voting lists used at subsequent primaries, if the names of
17 such voters have been entered in the annual register prepared by the
18 registrars.
1 Section 38. No voter enrolled under this or the preceding section voters enrolled
2 shall be allowed to receive the ballot of any political party except that p°ar°tTn''ofti"''
3 with which he is so enrolled; but a voter may establish, change or cancel orano'the'r""*
4 his enrolment by appearing in person before a member of the board of gjie't^ero"^'^'
5 registrars of voters and requesting in writing to have his enrolment J^Ji. |5o. § h.
6 established with a party, changed to another party, or cancelled, and §5111.563
7 such enrolment, change or cancellation shall take effect at the expiration igie! 179! § s.
8 of thirty days thereafter. No voter enrolled as a member of one political 1931; issi § 2.
9 party shall be allowed to receive the ballot of any other political party,
10 upon a claim by him of erroneous enrolment, except upon a certificate
11 of such error from the registrars, which shall be presented to the pre-
12 siding officer of the primary and preserved as part of the records of such
13 primary; but the political party enrolment of a voter shall not preclude
14 him from receiving at a city or town primary the ballot of any municipal
576
PRIMARIES.
[Chap. 53.
party, though in no one primary shall he receive more than one party 15
ballot. 1«
Counting of SECTION 39. In Counting votes when the ballots are removed from
1903! 454. 1 12. the ballot box, they shall first be sorted into piles, one for each party,
ITIsrl^iie. and each pile shall be counted and sealed separately. Votes shall be
§§ n2?li3. counted only for nominations of the party on whose ballot they appear.
1914, 790. § 9. 1916. 179, § 9.
(Penalty for false count, etc.. Chap. 56, § 13.1
Number of
votes needed to
nominate by
pasters, etc.
1913. 835,
5 259.
1915, 36.
Section 40. No person who is a candidate for a political office at a
primary, and whose name is not printed on the ballot therefor, shall be
deemed to be nominated unless he receives a number of votes at least
equal to the number of signatures which would be required by law to place
his name on the ballot as a candidate at such primary.
provisions applying to state primaries.
fnTe'iectionl at SECTION 41. Primaries shall be held for the nomination of candi-
state primaries, jatcs of political parties for all offices to be filled at a state election, ex-
appiicabie. ccpt presidential elector, and for the election of district members of state
1913: 835; ^ ^' committees, members of ward and town committees, and delegates to
§§ 113, 503. ^^^^^ conventions of political parties. Sections forty-two to fifty-four,
inclusive, shall apply to such primaries.
Notice to state
secretary that
primaries will
be held by
wards, pre-
cincts, or
groups of
precincts.
1911, 5.50, § 2.
1912, 274, § 1.
Section 42. In cities or towns where the aldermen or selectmen
determine the question of holding primaries by wards, precincts or
groups of precincts, they shall give notice of their determination to the
state secretary on or before August first; except that in case of prima-
ries before special elections they shall give such notice at least fourteen
days before the primaries.
1913, 835, §§ 114, 503.
laifbripen. Section 43. The polls at every state primary shall be open during 1
1913; sis; ^ ^' such hours, not less than nine in cities or two in towns, as may be desig- 2
flAiS'-Sos. nated by the aldermen in cities, and in towns by by-law or vote, or, in 3
default of such by-law or vote, by the selectmen. 4
1920, 481.
Nomination
papers, number
of signatures.
1894, 504, 8 15.
1895, 507, § 7.
1896, 409, § 13.
1898, 171;
548, § 108.
1901, 435.
R. L. 11, § 108.
1903, 474, § 7.
1905, 386, I 2.
1907, 560.
§§ 120. 456.
1911, 550, §4.
1913. 835,
§§ 116, 503.
1929, 135.
Section 44. The nomination of candidates for nomination or elec-
tion at state primaries shall be by nomination papers. In the case of
offices to be filled by all the voters of the commonwealth such papers
shall be signed in the aggregate by at least one thousand voters, not more
than two hundred and fifty to be from any one county. Such papers
for all other offices to be filled at a state election, and for members of
committees and delegates to the state convention, shall be signed by a
numl)er of voters equal in the aggregate to five voters for each ward or
town in the district or county, but in no case shall more than two hun-
dred and fifty be required.
163 Mass. 539.
1
2
3
4
5
(>
7
8
9
10
Same subjert.
Contents,
qualifications
of signers,
acceptance,
number of
uandidatcs.
Section 45. Every nominatitm paper shall state, in addition to the 1
name of the candidate, (1) his residence, with street and nuinhcr thereof, 2
if any, (2) the office for which he is nominated, (3) the political party 3
whose nomination he seeks, and, exeept for candidates for ward and 4
Chap. 53.] primaries. 577
5 town committees and delegates to conventions, the paper may state, is94, 504.
() in not more than eight words, the pubUc offices which he holds or has i895^'507,
7 held, and, if he is an elected incumbent of an office for which he seeks 1896,469, § 13.
8 renomination, that he is a candidate for such renomination. §§^08^^^*^'
9 Signatures shall be subject to section seven, and every voter may ||^™- i||-
10 sign as many nomination papers for each office as there are persons to R l! 11,"
11 be nominated for or elected thereto, and no more. 190.3,474, §7.
12 A nomination paper shall be valid only in respect to a candidate whose 1905; 3m, 5 2.
13 written acceptance is thereon. sea '§t"i2o! ^'
14 No nomination paper shall contain the name of more than one candi- }fl|i,^|fo § 5
15 date, except in the case of delegates to the state convention and members 4|3"v''J''' ^ ^'
16 of ward and town committees.
1913,835,51117,503. 1914, 790. § 10. 1915, 283. § 1. 163 Mass. 539.
[Penalty for false statement. Chap. 56, § 14.]
1 Section 46. Every nomination paper shall be submitted, on or same subject.
2 before five o'clock in the afternoon of the Friday preceding the day on ii,"it'at'ion on
3 which it must be filed, to the registrars of the city or town in which the millso,^'
4 signers appear to be voters, who shall check each name to be certified f/i-a^'lls'.
5 by them on the nomination paper and shall forthwith certify thereon the ^^s, '§ 2. '
6 number of signatures so checked which are names of voters both in the §§ lis, 563.
7 city or tow.n and in the district for which the nomination is made, and lolt'. 179! § 10.'
8 who are not enrolled in any other party than that whose nomination the {922; 214, § 2.
9 candidate seeks, and only names so checked shall be deemed to be names
10 of qualified voters for the purposes of nomination.
11 The provisions of .section seven relative to the number of names to be
12 certified and received, and to names not certified in the first instance, shall
13 apply to such papers. For the purpose of certifying to the names on
14 primary nomination papers the registrars shall hold meetings on the four
15 Fridays next preceding the date on which such papers are required to
1(5 be filed with the state secretary, except that for primaries before special
17 elections the meetings shall be held on the two Fridays ne.xt preceding
18 such date.
19 No person shall be a candidate for nomination for more than one office;
20 but this shall not apply to candidates for membership in political com-
21 mittees or delegations to the state convention.
1 Section 47. Nomination papers for use in the nomination of candi- Same subjeet.
2 dates to be voted for at state primaries shall be prepared, and on request et'if.'""^'' "'°'
3 furnished, by the state secretary.
1911, 550, § 7. 1913, 835, §§ 119, 503.
1 Section 48. All nomination papers of candidates to be voted for at f,a"^(f"''^®'^'-
2 state primaries shall be filed with the state secretary on or before the '"■• fii'ig-
3 fifth Tuesday preceding the day of the primaries; except in the case of 1912! 274; § 2';
4 primaries before special elections, when nomination papers shall be filed igis.^sls.
5 on or before the second Tuesday preceding the day of the primaries. ^^ '^°' ^°^'
1 Section 49. If a person nominated to be voted for at a state primary Nomination in
2 dies before the day of the primary, or withdraws his name from nomina- «tthdra'^i*or
3 tion, or is found ineligible, and there is no other candidate for the party 'i9u^55o!*§ 10.
4 nomination for the office, the vacancy may be filled by the state com- fHi^^^'
5 mittee, if the candidate is one to be voted for by all the voters of the
578
PRUVL^RIES.
[Chap. 53.
commonwealth; and, in the case of candidates for nomination or election 6
in a district, by the members of the ward and town committees in the 7
wards and towns comprising the district. 8
Vacancies
caused by
withdrawal,
time of filling,
objections.
1891, 278.
1893, 417, § 87.
1895, 253, § 2.
1896, 469, § 7.
1898, 548,
§ 149.
R. L. 11, § 152.
1905, 386, § 5.
Section 50. In cases of withdrawal, nominations to fill vacancies 1
shall be filed with the state secretary within seventy-two week day 2
hours succeeding five o'clock in the afternoon of the last day for filing 3
withdrawals. 4
They shall be open to objections in the same manner, so far as practi- 5
cable, as other nominations. 6
No- vacancy caused by withdrawal shall be filled before the withdrawal 7
has been filed. 8
1907, 660, §§ 181, 456.
1913,835, §§ 122,503.
Counting of
ballots.
1011, 550, § 15.
1913, 835,
55 123, 503.
1925, 29.
Section 51. The provisions of section one hundred and five of chap-
ter fifty-four authorizing the opening of the ballot box at elections in
towns, the taking therefrom of the ballots and counting thereof, prior
to the closing of the polls, shall apply to state primaries in towns. No
ballots cast at a state primary in cities shall be counted until the close
of the polls.
Canvass and
returns of
votes, etc.
1911, 550, §
1912, 261.
1913, 835,
§§ 124, 503.
1917, 81.
16.
Section 52. Upon receipt of the records of votes cast at state pri- 1
maries the city or town clerk shall forthwith canvass the same and 2
within four days after said primary make return of the votes for candi- 3
dates for nomination for state offices, and for election as members of the 4
state committee, to the state secretary, who shall forthwith canvass such 5
returns, determine the results thereof, notify the successful candidates, 6
and certify to the state committees the names of the persons nominated 7
for state offices and elected as members of state committees. Said clerks 8
shall determine the results of the vote for delegates to state coin-entions 9
and members of ward and town committees, issue proper certificates 10
thereof to the successful candidates, and notify the chairmen of the city 11
and town committees of the respective parties. 12
Vacancies
caused by ties
or in delega-
tions or com-
mittees, how
filled.
1S94. 504, 5 9.
1895, 489, § 14.
1897, 530, § S.
1898, 548, § 93.
1901,404.
R. L. 11, 5 93.
1907, .560,
« 103, 450.
1911, 550, § 17.
1913, 83.5,
§§ 125, 503.
Section 53. In case of a tie vote where the number of persons re- 1
ceiving equal votes exceeds the number of nominations available, there 2
shall be deemed to be a vacancy. If the tie is between candidates for 3
an office to be filled by all the voters of the commonwealth, the vacancy 4
shall be filled by the state committee. If the tie is between candidates 5
for nomination for any other office, the vacancy shall be filled by the 6
members of the ward and town committees in the district for which the 7
nomination is to be made. If there is a tie vote for delegates to a con- 8
vention, or a place unfilled in a delegation, or a vacancy occasioned by 9
inability or neglect of a delegate elected to attend a convention, such 10
vacancy shall be filled only by vote of the remaining members of the dele- 1 1
gation at a meeting called therefor. Such meeting shall choose a chair- 12
man and secretary, and the secretary shall notify the secretary of the 13
convention of the action taken relative to the vacancy, except that, if 14
only one delegate or two delegates were to be elected, the delegate or 15
remaining delegate, as the case may be, shall fill the vacancy and notify 16
the secretary of the convention of that action. 17
If there is a tie for members of n ward or town committee, the mem- 18
hers elected shall fill the vacancy. 19
ClIAP. 53.] PRIMARIES. 579
20 If a majority of a delegation, or of a ward or town committee, is not
21 elected, tlie vacancy shall be filled by the persons elected to the ward or
22 town committee.
23 All vacancies caused by ties shall be filled only by the choice of one
24 of the candidates receiving the tie vote.
1 Section 53A. When nominations at the state primaries are in ap- °„''^Yna?k>ns°
2 parent conformitv with law, thev shall be valid unless written objections wSrawafs
r^ . • . , , " •.] - • 1 ^' ii of nominees.
3 thereto are filed with the state secretary withm six days succeeding five 1907,24, §3.
4 o'clock in the afternoon of the day of iiolding such primaries; and such
5 objections and all other questions relating thereto shall be subject to
6 section twelve, so far as applicable. A person nominated at such pri-
7 niaries may withdraw his name from nomination by a request signed and
8 duly acknowledged by him and filed with the state secretary within the
9 time prescribed in this section for filing objections to such nominations.
1 Section 54. A political party may, upon the call of its state com- state con-
2 mittee, but not earlier than one week nor later than two weeks after the poutlraf par-
3 holding of the primaries, hold a state convention for the purpose of J'^fi, 550, § is.
4 adopting a platform, electing such number of members at large of the \l\^' |^f
5 state committee as may be fixed by it, nominating presidential electors, §§ 126. sos.
6 and for such other purposes consistent with law as the state committee
7 or the convention may determine. Such convention shall consist of the
8 delegates elected at the state primary, the members of the state com-
9 mittee, the United States senators from Massachusetts who are mem-
10 bers of the party, the nominees of the party for all offices to be filled at
11 the state election, and in years in which no elections are held for such
12 offices, the incumbents of those offices who are members of the party.
PROVISIONS APPLYING TO CITY AND TOWN PRIMARIES.
1 Section 55. The nomination of candidates of political and municipal ^'^^^V"'
2 narties to be voted for at citv and town elections, in cities and towns nominations.
1 * 111 ii*i 1' v^GFL&lD sec*
3 where such nominations are permitted by law, and which vote that pri- tions to
4 maries shall be held therein, shall be made under sections twenty-three to i903!454, s 2.
5 forty, and fifty-six to sixty-four, both inclusive.
1907, 560, "§§ 144, 456. 1913, 835, §§ 128, 503. 2 Op. A. G. 473.
1 Section 56. In any city or town which has adopted the provisions Submission
2 of law for nominating by primaries, the following question shall be put of hSig°
3 on the official ballot at any city election or annual town meeting on ^ZTett'
4 petition of five per cent of the voters registered at the time of the pre- ^|™^'J°.''''*'
5 ceding city election or annual town meeting, filed with the city or town l^f'i*!'''
6 clerk on or before the last day for filing nomination papers: "Shall Ism. «'3"-
7 primaries for the nomination of candidates to be voted tor at city (or 1907. 56o,
8 town) elections continue to be held in this city (or town)?" In any city igio, 520. '
9 or town not nominating by primaries, where such nominations are per- §5^29,' 563.
10 mitted by law, the following question may, by similar petition, be put 200 Mass. 152.
11 on the ballot at the next city election or annual town meeting: "Shall
12 primaries for the nomination of candidates to be voted for at city (or
13 town) elections be held in this city (or town)? " In accordance with the
14 result of such vote, such primaries shall or shall not thereafter be held.
15 Clerks of cities or towns which vote to hold primaries or to rescind
16 such action shall forthwith notify the state secretary of such vote.
580
PRIMARIES.
[Chap. 53.
intention^ SECTION 57. Noticcs of intention to participate in primaries shall 1
primaras'tobe ^^ fumishcd to the city or town clerk, not less than twenty-two days 2
^n^r?."^!!!;',! » ,, prior to the day on which the primaries are to be held, bv the city and 3
1905, 38b, § 11. ^ . „ , ., , , , , , , . ^ • 1 I ^
1907, 560. town committees or such political and municipal parties as are entitled 4
to and desire to participate therein. 5
1913, 835, §§ 130, 503.
?lti°n papers SECTION 58. The city or town clerk shall seasonably prepare, and
vided^etc ^'^^ ^^^y o'" town shall providc, blank nomination papers for use in the
!§?=■ ?!!i' I p- nomination of candidates to be voted for at city or town primaries.
18U5, 507. §0. ^, in ii i iii ii-
1898, 548, buch papers shall state the place where, and the day and hour prior to
which, nomijiation papers shall be filed.
R. L. 11, § 107. 1907, 560, §§119, 149, 456.
1S03, 454. § 5. 1913, 835, §§ 131, 503.
Nominations
to be made by
nomination
papers,
signatures,
acceptance.
1894, 504, "
1895, 507,
1896, 469, § 13.
1898, 171;
548, § 108.
1901, 435.
R. L. 11,
§ 108.
1903, 474.
1905, 386,
1907, 560.
§§ 120. 4.56.
1913. 835.
§§ 132. 503.
163 Mass. 539.
! 15.
i7.
i7.
§2.
Section 59. Nominations of candidates for elective offices, to be 1
voted for at a primary, shall be made by nomination papers, as herein- 2
after provided. Such nominations shall be made on the blank nomina- 3
tion papers prepared in accordance with the preceding section; and no 4
nomination paper offered for filing shall be received or be valid to which 5
is attached any card, paper or other device containing the name of a 6
candidate, his written acceptance, or the signature of any voter required 7
by this section. Such papers shall be signed by at least five voters of the 8
ward or town where the primary is to be held, who shall add to their 9
signatures the street and number, if any, of their residences. Such papers 10
for a district composed of more than one ward shall be signed by a num- 11
ber of voters equal in the aggregate to not less than five voters for each 12
ward in said district. Nomination papers shall not contain a larger 13
number of names of candidates than there are persons to be elected. 14
No vacancy caused by the death, withdrawal or ineligibility of any 15
candidate shall be filled, unless the person entitled to fill such vacancy 16
files the written acceptance of the candidate who is nominated to fill the 17
vacancy. 18
Nomination
papers, etc.
1894, 504, § 16.
1895, S07,
1898,548.
1900, 245.
R. L. 11,
S109.
109.
Section 60. Section forty-five shall apply to nomination papers
for city and town primaries, except that the name of more than one
candidate may appear on the same nomination paper, if it contains no
more names of candidates than there are persons to be elected.
1904, 275. 1910, 200.
1907, 429, § 5; 560, §§ 121, 1913, 835, i
149, 456.
132, 133, 503.
1914, 345, § 2.
1920, 579, § 2.
[Penalty for false statement. Chap. 56, § 14.]
Same subject.
Filing, certifi-
cation, etc.
1913,559; 835,
§§ 134, 503.
1915, 105.
1918, 257, § 14.
1919, 5.
1920, 2.
1922, 214, § 3.
Section 61. All nomination papers of candidates to be voted for 1
at city or town primaries shall be filed with the city or town clerk not 2
less tlian ten week days previous to the day on which the primary is to 3
be held for which the nominations are made. Every such nomination 4
paper shall be submitted at or before five o'clock in the afternoon of 5
the Friday preceding the day on which it must be filed to the registrars 6
of the city or town where the signers appear to be voters, and the regis- 7
trars shall check each name to be certified by them on the nomination S
paper and shall forthwith certify thereon the number of signatures so 9
checked which are names of voters both in the city or town and in the 10
district for which the nomination is made, and only names so checked shall 11
be deemed to be names of qualified voters for the purposes of nomination. 12
The registrars need not certify a greater number of names than are re- 13
Chap. 53.] primaries. 581
14 quired to make a nomination, increased by one fifth thereof. Names
15 not certified in the first instance sliall not thereafter be certified on the
16 same nomination papers. The city or town clerk shall not be required,
17 in any case, to receive nomination papers for a candidate after receiving
18 papers containing a sufficient number of certified names to make a
19 nomination, increased by one fifth thereof.
1 Section 62. In case of a ^•acancy caused by the death, wathdrawal h^^^gfiifl;
2 or ineligibility of a candidate, the person who filed the nomination paper i894. sm. § 20.
3 placing such candidate in nomination may fill the vacancy by presenting 1^9^^ ^^S'
4 a new name on a nomination paper signed by him. If such vacancy was 1901, '249, § 2.
5 caused by withdrawal, tlie nomination paper shall be filed within twenty- 1907' 560,
6 four week day hours succeeding fi\-e o'clock of the last day for making IH^^- "^'
7 withdrawals. If there is a failure to make a nomination at a city or J|}°; ^||
S town primary by reason of a tie vote, the vacancy, if in respect to an flas^^^ol^^j 1.
9 office to be filled by all the voters of the city or town, shall be filled by
10 the city or town committee and, if in respect to an office to be filled by
11 the voters of a ward, by the ward committee; provided, that any such
12 vacancy shall be filled only by the choice of one of the candidates re-
13 cei\ing the tie vote.
1 Section 63. The polls at every such primary shall be open during PoUs to be
,, , , '^ . . . . f . '' 11- ope" during
2 such hours, not less than nme m cities nor tour in towns, as may be desig- certain hours.
3 nated by the aldermen or selectmen.
1903,454,110. 1907, 560, §§ 155, 456. 1913, 835, §§ 136, 503.
1 Section 64. City and town clerks shall canvass the returns of votes, J^^jJJ^^J*
2 determine the results, and issue proper certificates thereof to the success- votes, etc.
3 ful candidates.
1905, 386, 5 14. 1907, 560, H 158, 456. 1913, 835, §§ 137, 503.
PROVISIONS APPLYING TO PRESIDENTIAL PRIMARIES.
1 Section 65. Sections sixtv-six to seventy, inclusive, shall apply to Certain see-
■ 1 i- 1 • • " t'ons t° apply.
2 presidential primaries. to presidential
primaries.
1 Section 66. In any year in which candidates for presidential elec- Delegates to
2 tors are to be elected, the election of delegates and of alternate delegates ventmns,""
3 to national conventions of political parties shall be by direct plurality numb°er; etc."*
4 vote in primaries. The number of district delegates and the number of \l^\ ggg;
5 district alternate delegates, not less than one from each congressional f|i2°M4!''§ i.
6 district, and the number of delegates and alternate delegates at large, ll^^^g^^ljj
7 shall be fixed by the state committee, who shall give notice thereof to the
8 state secretary on or before the third Wednesday in March.
1 Section 67. In cities and towns where the question of holding Notice to state
2 primaries by wards, precincts or groups of precincts is determined by determiiiation
3 the aldermen or selectmen, they shall give notice of their determination rL by wards,
4 to the state secretary on or before the third Wednesday in March. Y^nTiiiXi.
1913, 835, §§ 139, 503.
1 Section 68. The state secretary shall cause to be placed on the preference ot
2 official ballot for use in primaries at which delegates to national conven- president to
3 tions of political parties are elected, under separate headings, and in the baifcf'c™-
4 following order, the names of candidates for delegates at large, alternate '/^'1^^'"254';''5 3;
582
CAUCUSES.
[Chap. 53.
1913, 835,
§§ 140, 503.
1916, 16.
delegates at large, district delegates, and alternate district delegates. 5
The names of candidates appearing in nomination papers containing 6
nominations for all the places to be filled shall be placed first on said 7
ballot, arranged in groups and in the same order as in the nomination 8
papers. The order in which the groups shall appear shall be determined 9
by lot in the manner provided in section thirty-four. The names of 10
candidates appearing in nomination papers containing nominations for 11
less than all the places to be filled shall follow, alphabetically arranged. 12
The ballot shall also contain a statement of the preference, if any, of each 13
candidate for delegate as to a candidate for nomination for president, 14
provided that such statement appears in his nomination papers; but no 15
such statement of preference by any candidate for delegate shall appear 16
upon the ballot imless such candidate for nomination for president files 17
his written assent thereto with the state secretary on or before five o'clock 18
in the afternoon of the last day for filing nomination papers. Such as- 19
sent may be communicated by telegraph. Upon the receipt of the 20
records of votes cast at presidential primaries, the city or town clerk 21
shall forthwith canwass the same and make return thereof to the state 22
secretary, who shall forthwith can\-ass such returns, determine the re- 23
suits thereof, and notify the successful candidates. 24
Vacancy in
delegation to
national con-
vention, how
filled.
1913, 835,
§ 141.
Section 69. In case of the death, withdrawal or ineligibility of a 1
candidate for delegate to a national convention, the \acancy may be 2
filled in any manner which is clearly provided for on the nomination 3
paper placing such candidate in nomination, before the signature of any 4
voter is entered thereon, otherwise the remaining candidate or candi- 5
dates nominated by the same nomination paper may fill the vacancy. 6
In case of a withdrawal, such vacancy must be filled by filing in the 7
office of the state secretary, within seventy-two week day hours succeed- 8
ing five o'clock in the afternoon of the last day for filing withdrawals, a 9
statement signed by the person or persons authorized to fill the vacancy, 10
gi\ing the name and residence of the candidate nominated, accompanied 1 1
by his written acceptance. 12
Certain pro-
visions of law
to apply.
1912, 254, § 4.
1913, 835,
§§ 142, 503.
Section 70. The provisions of law relating to primaries consistent 1
with the three preceding sections shall apply to presidential primaries 2
so far as practicable. 3
Certain cities
and towns to
nominate at
caucuses.
Certain pro-
visions of law
to apply.
1902, 637, § 4.
1907, 560,
§§166,167,456.
1913, 835,
§§193,194,503.
1918, 257, § 10.
1919, 5.
PROVISIONS APPLYING TO ALL CAUCUSES OF POLITICAL PARTIES.
Section 71. In cities and towns which have not accepted the pro- 1
visions of law relating to primaries for the nomination of municipal 2
officers, political parties which nominate candidates for elective city or 3
town offices shall do so by direct jilurality vote in caucuses, except when 4
city or town charters provide otherwise. All provisions of law relati\e 5
to the preparation of nomination papers and ballots, to primaries and 6
elections, to ballots cast at primaries and elections, and to recounts of 7
such ballots, shall, so far as applicable, apply to such caucuses. 8
1920, 2. 2 Op. A. G. 469.
SmnAties"" Section 72. Each city or town committee may make reasonable 1
fSsuiSroM etc regulations, consistent with law, relative to caucuses called by it and to 2
i|'^4, 504, determine membership in the part\-, and to restrain persons not entitled 3
1.89.5, 489, to vote at caucuses from attendance thereat or taking part therein. But 4
sso. 7. " *
Chap. 53.] caucuses. 583
5 no political committee shall prevent any voter from participating in a '|"^530,
6 caucus of its party for the reason that the voter has supported an in- i898,'548, § 85.
7 dependent candidate for political office.
1899, 329. § 1. 1902, 223; 492. 1908, 428.
R. L. 11, §84. 1907. 560, §§ 93, 436. 1913, 835, |§ 92, 503.
1 Section 73. If in a city, except Boston, or town wherein elections Caucuses may
2 are held by precincts, the city or town committee of either of the two precfilcts or
3 leading political parties shall file with the aldermen or selectmen, at dnSn'ce?-'
4 least two weeks prior to the time of holding its caucuses, a notice that jg^j^g^Bo; § 97
5 such party desires to hold its caucuses by precincts, or by groups of pre- i9}i. 37s.
6 cincts in any ward, the aldermen or selectmen shall furnish a polling §'§143,563.
7 place in each precinct or group of precincts for the use of such party,
8 as provided in section ninety-three, and the caucuses of such party shall
9 be held accordingly.
1 Section 74. Caucuses relative to a special election shall be held at caucuses reia-
2 such time and place and subject to such reasonable notice as the political elections
3 committee whose duty it is to provide for holding the same may deter- ItH; til] § It'.
4 mine. Calls therefor shall be issued by the chairman and secretary of fgoy, 566,^ *^'
5 said political cdmmittee. §§99,456.
1913, 835, §§ 144, 503.
1 Section 75. Every caucus of a political party shall be called by a caiiingof
2 written or printed notice. No caucus or meeting of a political party not ilwl'soi,'''"'
3 so called shall be recognized as valid under sections seventy-one to fl/g ^gg 5 jq.
4 eighty-one, inclusive. The presiding officer at a caucus shall open it at }|[J| *^|' | ^J-
5 the hour appointed therefor in the notice thereof. R l. 11, § 90.
1903, 474, § 6. 1907. 560, §§ 100, 456. 1913, 835, §§ 145, 503. 191 Mass. 497.
1 Section 76. Notices of caucuses shall apply to all members of the caucuses open
2 party calling them, and to them only. No person having voted in the b?Js of MUicai
3 caucus of one political party shall be entitled to vote or take part in fhem.''chaf-
4 the caucus of another political party within the twelve ensuing months; ',8"9'^^''5o°'§*8
5 except that voting or taking part in the caucuses of any municipal party 189.5, 489, § 7.^
6 by any voter shall not affect his legal right to vote or to take part in the i898! 548! § 91!
7 caucuses of any political party, for any other election, and having voted 1907U29, §i6;
8 or taken part in the caucuses of a political party for any previous elec- tse' ^^ '°^'
9 tion, shall not affect his right to vote or take part in the caucuses of 5^/46,*^^'
10 any municipal party, nor shall a voter who is enrolled under section }|j\i-/J' l^^
11 thirty-seven or thirty-eight as a member of a political party be entitled 2 0p.A.G. 644.
12 to vote in the caucus of another political party held in a city while so [J^oiat'on^by
13 enrolled. No voter, not hereinbefore disqualified, shall be prevented o'J'<="v„ , ,«
.... ■!■ 1 i 1 1 r 11 • Chap. 56, § 16;
14 from voting or participatmg m any caucus it he takes tlie lollowing by voter,
15 oath, which shall be administered to him by the presiding officer of the for false oathr'
IP ./ X- o Chap. 56, § 31.1
16 caucus:
You do solemnly swear (or affirm') that you are a registered voter in this ward
(or toviTi) and have the legal right to vote in this caucus; that you are a member
of the political party holding the same, and intend to vote for its candidates at the
polls at the election next ensuing; and that you have not taken part or voted in
the caucus of any other political party for twelve months last past.
17 Such voter may be challenged like any other voter. Any person
18 whose right to vote is challenged for any cause recognized by law shall
584
CAUCUSES.
[Chap. 53.
not be permitted to vote until he has taken the foregoing oath ; and the 19
clerk or secretary of the caucus shall make a record of the administration 20
of said oath to every person taking the same, which record shall state 21
whether or not said person voted. The record shall be returned with the 22
proceedings of said caucus and shall be prima facie evidence in any 23
court that such person took said oath and voted in said caucus. 24
tl°beuied' Section 77. In balloting, the voting lists furnished under section 1
1894; lol; § si sixty-two of chapter fifty-one shall be used as check lists, and no person 2
Jcnf' 1??' ! i?- shall vote or take part in a caucus whose name does not appear upon 3
R. L. 11, § 92. said lists, unless he presents to the presiding ofhcer oi the caucus the 4
§§ 102, 456. certificate provided for by section fifty-nine of said chapter. 5
1913, 835, §§ 147, 503. 181 Mass. 184.
caucus'offi°ers. SECTION 78. If there is a tie vote for any caucus officer, the caucus 1
1894. 504, § 9. officers elected shall fill the vacancy. 2
1895, 489, § 14. 1898, 648, § 93. 1907, 560, §§ 103, 456.
1897, 530, § 5. R. L. 11, § 93. 1913, 835, §§ 148, 503.
Certificates of
election, etc.
1895,
1896,
Section 79. The presiding officer and secretary or, clerk of each
• *^?' 1 1^- caucus shall within three week days after its final adjournment deliver
jf^L' ii*'s M^' ^^ ^^"*^ *° each caucus officer a certificate of his election, and to each
candidate for an elective office a notice of his nomination.
1907, 560, §§ 104, 456. 1913, 835, §§ 149, 503.
Returns of
caucuses at
which direct
nominations
are made,
tabulation of
results, notice
to nominees,
1902, 537, 5 2.
1903, 453, 5 1.
1906, 444, § 9.
1907, 560.
H 105, 170,
4.56.
1911,3.53; 354.
1913. 835,
§§150,196,503.
Section 80. Returns of all caucuses of political parties at which are 1
made any direct nominations for a district comprising more than one 2
ward, or where caucuses are held by precincts or by groups of pre- 3
cincts in any ward or town, shall be made in accordance with section one 4
hundred and ten. Immediately upon receipt of such returns the city 5
or town clerk shall tabulate and determine the results thereof, shall notify 6
the successful candidates, and cause their names to be printed on the 7
ballot to be used at the ensuing election. Recounts of ballots cast at 8
such caucuses shall be made as provided in section one hundred and 9
twelve. 10
Tie vote in
cases of direct
nomination,
how filled.
1903, 453, § 2.
1907. .560,
§§ 106. 456.
1913. 835.
§§ 151, 503.
Section 81. If there is a tie vote for any candidate of a political party 1
nominated directly for any office, for a district comprising more than 2
one ward, the regularly elected general or executive committee represent- 3
ing the party for the election district in which such vote has been cast 4
shall fill the vacancy, but only by the choice of one of the candidates 5
receiving such tie vote. 6
provisions applying to caucuses of political parties at which
official ballots are not used.
fo^'teprovided. Section 82. At least two weeks prior to the date on which caucuses
1894 504 5 11 ^^^ *^ ^^ held, the chairman or secretary of the city or town committee
1S95! 489,' § 11; shall notify the aldermen or the selectmen respectively of such date,
1898, 548, § 95. and Said aldermen or selectmen shall, at the expense of the city or town,
1907,' 560. ■ provide polling places for said caucuses, in case of a city, not less than
I9i3!1i35!°' one for each ward; and shall, at least ten days prior to the date of
§§152,503. gjjjf] caucus, give said chairman or secretary notice of the places so
provided.
ClIAP. 53.] CAUCUSES. 585
1 Section 83. Notice of caucuses, signed by the chairman and secre- Notice of
2 tary, shall be issued by each city and town committee not less than seven ProoSe.
3 days prior to the day on which they are to be held. The notices shall \llt\ fgg; | jo;
4 state the place where and the day and hour when the several caucuses iggs^Ms'^sge
5 arc to be held. They shall be conspicuously posted in at least five places J^^^' ji^'.^gg
6 on the public ways, and, if practicable, in every post office in the city i902. soe.
7 or town, or shall be publisiied at least twice in one or more local news- §§ 169, 456.
8 papers. The hour fixed for calling the caucus to order shall not be later §§ 153, 563.
9 than eight o'clock in the evening. The notice shall designate by name
10 or office the person who shall call such caucus to order, and he shall
1 1 preside until a chairman is chosen. If he is absent at the time appointed,
12 any member of the ward or town committee present shall call the caucus
13 to order and preside until a chairman is chosen. The first business in
14 order shall be the choice of a chairman, a secretary and such other officers
15 as the meeting may determine. No person shall serve as a caucus officer
16 at any caucus in which he is a candidate for a nomination to an elective
17 office.
1 Section 84. A ballot shall be taken for the choice of any candidate. Balloting and
2 to be selected by such caucus, and the polls shall be kept open at least c^cus™ "'
3 thirty minutes.
1893, 417, § 69. 1898, 548, § 97. 1907, 560, §§110, 456.
1894, 504, § 32. R. L. 11, § 97. 1913, 835, §§ 154, 503.
1895, 489, § 13.
1 Section 85. If a majority of caucus officers is not elected, or there is Proceedings
2 a tie vote for candidates for an elective office, the caucus shall at once votTlor' ""
3 proceed to another ballot unless some one present entitled to vote objects; |'tc?"™ °^°^'
4 in which case the caucus shall adjourn to any subsequent day. The \llf fg*' f \^
5 hour and place shall, if practicable, be the same as that named in the Jf -J^' fso! 1 5
y-, II 1898, 548, § 93.
6 call. R. L. 11, § 93.
1907, 560, §§ 103, 456. 1913, 835, §§ 148, 503.
1 Section 86. The secretary of each caucus shall forthwith, after the Ballots and
2 ballots cast therein have been counted, transmit them, with the check be7ransmk't°ed
3 list used at the caucus, to the city or town clerk, who shall preserve them If^f^^ "■■ 'o""
4 for ten days. If during said time ten voters entitled to vote in said i|^4, sm, § 33.
5 caucus shall file with said clerk a written request so to do, he shall pre- 1899! 329! § 3. '
6 serve the ballots and voting lists for three months, and shall produce 1907 ,'336; sed,
7 the same if required by any court having jurisdiction or authority over im" sss*^'
8 them. §5 iss, 503.
1 Section 87. If within three week days after any caucus a person in case of
2 who has received votes thereat for nomination or election to any office baUoTs'to'i^e
3 shall file a written statement with the city or town clerk, claiming an JiSl'^^d^ter"*''
4 election or nomination or declaring an intention to contest the election mined.
5 or nomination of any other person, the clerk shall preserve the ballots isos, S48', § 98.
6 for such nomination or office until the claim or contest has been finally r. l. ii,'§98'.
7 determined. Upon receipt of such statement, the clerk shall unmediately |§°ui! 4%.^^"'
8 give written notice to the persons affected and to the chairman and sec- |5'i^55^^|63.
9 retary of the caucus, fixing a time within twenty-four hours thereafter p^Q^ity
10 and a place at which said ballots will be recounted. The chairman and chap. 56, § 15.1
11 secretary of the caucus shall, at said time and place, recount said ballots
12 and determine the questions raised. Each candidate affected may be
13 present during such recount, or may be represented by an agent ap-
586 CAUCUSES. [Chap. 53.
pointed by him in writing. If it shall appear upon a recount that persons 14
were nominated or elected other than those declared to have been nomi- 15
nated or elected, certificates of such change shall be made in the manner 16
provided in section five as to an original certificate. 17
PROVISIONS APPLYING TO CAUCUSES OF POLITICAL PARTIES AT WHICH
OFFICIAL BALLOTS ARE USED.
Calling, etc., SECTION 88. All caucuscs for the clcction of caucus officers, OP fof the 1
of caucuses at ••pi-ip • rr- • •
which official nomuiation of candidates for any city or town office m any city or town 2
used. wherein the laws relating to primaries have not been adopted, held by a 3
1895! 507! § 2. ■ political party which has adopted the provisions of law for the use of 4
1898! 548! 1 99. official ballots, shall be called and held as provided in sections eighty- 5
R. L. 11, § 99. jryij^Q ^Q Qj^g hundred and sixteen, inclusive. 6
1907, 560, §§ 112, 456. 1913, 835, §§ 150, 503.
oUaw'f™ Section 89. Any city or town committee shall, at the written re- 1
bfifots at quest of fifty voters, members of its party, call caucuses of said party to 2
caucuses. determine by ballot whether the pro\isions of law for the use of official 3
1894, 504, § 36. "
1895! .50?! § 24! ballots shall be adopted. The notice of said caucus shall state the pur- 4
§ 100. ' po.se for which it is called, the place, the day, and the hour, not earlier 5
1907! 560,^ ^°°' than six o'clock and not later than half past seven o'clock in the eve- 6
i9i3!'^s35!''' ning, of holding said caucus. It shall be issued at least seven days prior 7
§§ 157, 503. to the day named therefor, and shall be pubhshed at least twice in one 8
or more local newspapers, if any, and shall be posted" in at least five 9
public places in each ward or town. The polls shall be kept open at 10
least one hour. If said caucuses shall vote to adopt said provisions, all 11
caucuses of said political party in said city or town shall thereafter be 12
called and conducted accordingly. 13
mfy^e^'^^ SECTION 90. A political party in a city or town which has accepted 1
Not'ice'of'^"'' ^^^'^ special provisions may, not less than one year after the date of the 2
action. caucus wherciu such provisions were adopted, revoke such action at a 3
1894, 504, § 37. ii , , i i V • i -i i • i i- ^- a
1895, 507, § 25. caucus Called and held m the manner provided in the preceding section. 4
§ loi. ' Upon the adoption of said provisions or upon the revocation of such 5
1907! 560,^ ^°^' adoption, the secretary of the city or town committee of such political 6
i9i3!*835^^' P'irty shall, within ten days thereafter, file a notice thereof with the 7
§§ 158, 503. state secretary and with the clerk of the city or town and the secretary 8
of the state committee of the political party so \oting. 9
ra'"!ises^°''^'°^ Section 91. All such caucuses of a political party for the choice of 1
1895' 507' I 3^' candidates for a city or town election, except caucuses relating to a special 2
1896! 469! § 12. elcctiou, shall be held on the same day in each city and town. The city 3
§ 102. ' or town committee shall fix the days for holding all caucuses mentioned 4
r.'l. ii,'§ 102. in this section, and all calls for the same shall be issued by its chairman 5
§u''i5!'456. and secretary. No two political parties shall hold their caucuses on the 6
§§'159^^563. same day. The party first filing a copy of the call for a caucus witii the 7
city or towni clerk shall be entitled to precedence as to the day so fi.xed. 8
Notices of Section 92. Notices of caucuses in said cities or towns shall state 1
caucuses to 111 • • 1 11 i r>
contain certain the placc whcrc and the day and hour when nomination pajjers sliall be z
etc. ' issued; the place where and tlie earliest day and hour wlien such nomi- 3
1S95! 489! § 12; nation papers may be filed, which time shall be not less than twenty-four 4
1897,^530, ^§ 13. week day hours succeeding three o'clock of the day fixed for issuing such 5
Cn.\P. 53.] CAUCUSES. 587
6 papers; the place where and the day and hour prior to which such noini- isos. 548,
7 nation papers shall be filed; and the day on which the several caucuses H)oi*'249, § 1.
8 will be held, and shall be issued not less than eighteen days prior thereto. '^' ^- "• ^ '"''
1907. 560, §§ no, 456. 1913, S35, §§ IGO, 503.
1 Section 93. At least two weeks prior to the day named for a caucus, Polling places,
2 the chairman or secretary of the city or town committee shall give notice prodded.''
3 of such date to the aldermen or to the selectmen, who shall, at least ten or°more"inS°
4 days prior to such date, notify the city or town committee of the places |o7f'§*l^' ^ ^^'
5 selected for holdina; the caucuses, and shall, at the expense of the city jso?, .530, § 13.
6 or town, provide polling places, in a city not less than one for each ward, §105.
7 and in cities and towns where elections or caucuses are held in voting looa, 444. § 2! '
8 precincts, one in each of such precincts, as the city or town committee §§ u?. 456.
9 shall designate, but not less than one for each ward, and furnish them {913; sss,'
10 with booths, registering ballot boxes, guard rails and the like, as they ^^ ^''^- ^°^-
11 are arranged for state elections, also postage for mailing credentials and
12 notices or certificates of nomination and election.
13 If twenty-five voters of a ward or of a town shall request in writing at
14 least twelve days before any caucus of the political party to which they
15 belong, the aldermen or selectmen shall so arrange the polling place of
IG such ward or town as to allow voting to proceed m two or more lines at
17 the caucus.
1 Section 94. At least seven days prior to the day named for a caucus, seven days'
2 the city or town committee shall issue a notice that such caucus will be grveifby city
3 held, stating the place, the day and the hour of holding the same. The m'ittee""™"'
4 hour shall not be earlier than two o'clock in the afternoon nor later than Jg^l' |g|' | J|:
5 half past seven o'clock in the evening. Such notices, and notices rela- jggy^sgg 5 13
6 five to the filing of nomination papers, shall be published at least twice isns! 5481
7 in one or more local newspapers, if any.
R. L. II, §106. 1907, 560, §§ 118, 456. 1913, 835, §§ 162, 503.
1 Section 95. The city or town shall provide, and the city or town Blank nnmi-
2 clerk shall seasonably prepare, for each political party, blank nomination to be provided,
3 papers for use in the different wards of the city or in the town. Such j^g^ jg^ ^ 22.
4 papers shall state the place where, and the da.y and hour prior to which, Jl-js. 507, § 6.
5 signed nomination papers shall be filed. On the back of each, the first § io7.
6 sentence of section seven, sections fortv'-five and sixty, and sections 1907, seo,
7 ninety-six to one hundred and one, inclusive, shall be printed. They 1913, sss'! '
8 shall be delivered only to the chairman or secretary of the political com- ^^ ^®*' ^^'
9 mittee for whose use they have been prepared.
1 Section 96. Nominations of candidates for elective city or town Nominations
2 offices and for caucus officers to be voted for at a caucus, shall be made nomination ^
3 by nomination papers, as hereinafter provided. Such nominations shall i894,"504?§ 15.
4 be made on the blank nomination papers prepared and delivered in ac- 5|g| 1%] 1 13_
5 cordance with the preceding section; and no nomination paper offered g^g^gYog
6 for filing shall be received or shall be valid to which is attached any card, isoi. *p
7 paper or other device, containing the name of a candidate, his written 1903,' 474. § 7. '
8 acceptance, or containing the signature of any voter required by this ibosi ase, § 2.
9 section. Such papers shall be signed in person by at least five voters of 56o^§§^i2o! '
10 the ward or town where the caucus is to be held, and for a district com- }g!o|*2o6.
11 posed of more than one ward shall be signed by a number of voters equal 5?\g/ig3 503
12 in the aggregate to not less than five voters for each ward in said district, los Mass. 539.
588 CAUCUSES. [Chap. 53.
and shall be subject to sections forty-five and sixty, except that the 13
nomination paper of a candidate for caucus officer shall not contain 14
the statement permitted by section forty-five. No vacancy caused by 15
the death, withdrawal or ineligibility of any of the above candidates 16
shall be filled, unless the person entitled to fill such vacancy files the 17
written acceptance of the candidate nominated to fill the vacancy. 18
'l°™rrliaUng SECTION 97. All nomination papers shall be sealed up and filed with 1
filing, ipening,' the Secretary of the city or town committee not less than ten week da>s 2
1895,504, §§17, previous to the day on which the caucus is to be held for which the nomi- 3
§§9. lo'. nations are made, and he shall endorse upon them the time when he re- 4
1898: its', ^ ^' ceived them. They shall not be opened until the time for their filing has 5
r.^l'u, § no. expired, when the secretary, at his office, shall publicly open them and 6
§§°Z22^'456 publicly announce the nominations therein made. 7
1913, 835, §§ 166, 503.
SS-f *e't? °' Section 98. The secretary of the city or town committee shall im- 1
1895' 507' 1 if mediately give notice to the person filing the nomination paper of any 2
1898', 54s! ' error, irregularity or informality appearing therein, and such person may, 3
R. L.'ii, § 111. within two week days after the time when the nomination papers were 4
§§°Z23^'456. opened, correct the same, or said secretary may make such correction. 5
1913, 835, §§ 167, 503.
dife^t^hen^ '° SECTION 99. If, in a city, nomination papers placing persons in nomi- 1
papers are not natiou for all the officcs to be filled at a caucus in any ward are not filed, 2
tion'byward thc sccrctary of the city committee shall forthwith notify the chairman 3
comim ee, ^^ secretary of the committee of such ward, who shall forthwith call a 4
1895! so?; I il meeting of said committee, which may nominate candidates for all offices 5
fni^''*' for which nomination papers have not been filed, and shall immediately 6
?907' 560 ^ ^^^' file '^■'tl^ t^® secretary of the city committee nomination papers signed by 7
1913^ M5^^' ^" ^^^ members of the committee who agree to the nominations therein 8
§§168.503. made. In case of disagreement two sets of such nomination papers 9
may be filed. If, at the expiration of two week days after the time at 10
which nomination papers M'ere opened, proper nomination papers have 11
not been filed for all the offices to be filled, or upon any vacancy caused 12
by death or otherwise, except a withdrawal, the chairman and secretary 13
of the city committee may file nomination papers for such offices or 14
vacancies. 15
town^whe^n'" Section 100. If, in a town, nomination papers placing persons in 1
papers are not nomination for all the offices to be filled at a caucus are not filed, or upon 2
1894, S04, § 19. a vacancy by death or otherwise, except a withdraw al, the chairman or 3
1898! 548| ■ secretary of the town committee shall forthwith call a meeting of said 4
K.^L^n, § 113. committee, which shall have all the powers relative to the nomination of 5
§§°/25^'456. candidates conferred in the preceding section upon a ward committee and 6
§§"69^^503 *'^® chairman and secretary of a city committee. 7
^if>drawaia. SECTION 101. A person nominated by a nomination paper may, 1
vacancies. witliiu forty-clght wcck day hours succeeding five o'clock in the after- 2
1894, 504, § 20. ,. , i l^ i ,- * ■ • ■ -^i 1 1 • o
1895, 507. § 14. noon of the day faxed tor opening nomination papers, withdraw nis name o
§114. ' from nomination by a request signed by him in pcr.son and filed with tlie 4
r'^I'. ii®'§^i4. secretary of the city or town committee. Thereupon, the secretary shall 5
WiiH^ik. immediately give notice of such withdrawal and of the provisions of this 6
Chap. 53.] caucuses. 589
7 section to the person who filed such nomination paper, and such person inio. is2.
8 may, within twenty-four week day hours succeeding five o'clock in the §"§ ivo, 563.
9 afternoon of the last day fixed for making withdrawals, present a new
10 name on a nomination paper signed by himself in person; otherwise the
11 chairman and secretary of the committee may file nomination pajwrs
12 for the vacancy. If at any time after the expiration of the time for filling '
I'.i vacancies it shall appear that a vacancy has been created by death, the
14 chairman of the committee may file with the city or town clerk a new
15 name to fill such vacancy; and if the time is sufficient therefor, the new
16 name shall be printed upon the official ballot.
1 Section 102. Not less than seven week days before the day upon Nomination
2 which the caucuses are to be held and before five o'clock in the afternoon SXered t?
3 of the last day, the secretary of each city or town committee shall deliver ciefk?"^ '■°'"°
4 to the city or town clerk the nomination papers filed with him.
1894, 504, § 21. 1898. 54S. §115. 1907, .560, §§ 127, 456.
1895, 507, § 15. R. L. 11, § 115. 1913, 835, §§ 171, 503.
1 Section 10.3. If an error or informality is found in any nomination Correction of
2 paper, it shall be forthwith returned to the secretary of the committee isge.'ils!' § 3.
3 by whom it was filed, for correction; and if not corrected and again filed §*n6^*^'
4 before five o'clock in the afternoon of the day following its return to said fg^'f 5^5^ ""•
5 secretary, it shall be void. §§ 128. 450.
1913, 835, §§ 172, 503.
1 Section 104. Objections to nomination papers, and all other ques- Objections to
2 tions relating thereto, shall be considered in cities by the board of regis- pa^i™?' "
3 trars, the city clerk and the city solicitor; and in towns by the board of conSd™
nomination
, - -, etc.,
' whom
^.jnsidorefl.
4 registrars. i905, sse, § 12.
1907, 560, §§ 129, 456. 1913, 835, §§ 173, 503.
1 Section 105. Ballots for each political and municipal party, ballot cit^s and
2 boxes, voting lists, specimen ballots, blank forms and apparatus, seals vide°baiio'tsr
3 and record books, shall be pro\'ided and treated in accordance with sec- ism, 504,
4 tions thirty-two to thirty-six, inclusive, so far as applicable, except that ilgf'so?, § i6.
5 the chairman and secretary of the city or town committee, or, if they fnV""*'
6 fail to do so, the city or town clerk, may determine the number of ballots fgoV'loo ^ "'^^
7 to be provided for each ward or town, not exceeding one for each voter « iso. ■'■^o-
S therein. \ffitio3.
1 Section 106. On the back and outside of each ballot when folded ^X't "it?"^"'^
2 shall be printed the words "Official ballot of the (here shall be inserted i894?'504';'
3 the party name) " followed by the number of the precinct and ward or isM'soi.
4 the name of the town for which the ballot is prepared, the date of the is97%30, §4.
5 caucus and a facsimile of the signature of the secretary of the political fus^*'
6 committee. R l.'ii. § lis.
■7 D 11 I 11 I • 1 . 1^0^' 560,
7 iJallots shall be printed on white paper, except as otherwise provided ,^J,i,^'„v'i5'*-
by law. §§ 175, 503.
9 Names of candidates for caucus officers shall be arranged in groups in
10 the order in which they are filed.
11 Again.st the name of a candidate for an elective or caucus office shall
12 be printed the street and number, if any, of his residence.
13 A star (*) against a name shall indicate that a person is a candidate for
14 re-election.
590
CAUCUSES.
[Chap. 53.
Certain pro-
visions of law
to apply.
1894, 504, § 34,
1895, 507. § 3\.
Section 107. Caucuses, except as otherwise provided, shall be held 1
in general accordance with the laws governing the conduct of elections 2
and the manner of \'oting thereat. 3
1898,548, §121.
R. L. 11, § 121.
1907, 500,
1913, 835,
I 134, 4.56.
I 176, 503.
Order of
business.
1S94, 504,
1895, 607,
1898, 548,
§122.
R L. 11
1907, 560,
§§ 135, 456,
1913, 83.5,
§§ 177, 503,
§122
Section 108. Theorderof business shall be as follows: 1
First, Any necessary preliminary business. 2
Second, Balloting until half past eight o'clock in the evening, when 3
the polls shall be closed unless the caucus shall vote to keep them open 4
until a later hour; but every voter waiting in line at the hour for closing 5
the polls shall be allowed to vote. 6
Third, After the polls have been closed, any other business properly 7
before the caucus. 8
Cballenges.
1894, 504, §
1895, 507, §
1898, 548,
§ 123.
R. L. 11, § 1
1907, 560,
§§ 136, 456,
1913, 835,
85 178,503,
31 Section 109. If the right of a person offering to vote is challenged
21- for any legal cause, and he takes the oath required by section seventy-six,
the presiding officer shall require him, or some one in his behalf, to write
"' his name and residence on the outside of the ballot offered, and before it
is received the presiding officer shall add thereto the name of the person
challenging and the cause alleged for the challenge. No officer or other
person shall give any information in regard to a ballot cast by a chal-
lenged voter unless required by law so to do.
i 23.
Counting of
ballots. An-
nouncement,
etc., of result.
Sealing, trans-
mission, etc.,
of record, etc.
1894, 504, § 33.
1895, 449, I 7;
607. § 22.
1897, 530,
1898, 548,
§ 124.
1899, 190.
R. L. 11, § 124.
1907, 560,
§§ 137, 4,56.
1913, 835,
§§ 179, 503.
[Penalty for
false count, etc.,
Chap. 56, § 15.1
Package to be
endorsed and
transmitted to
city or town
clerk, etc.
Sealed packages
to be kept, etc.
Section 110. Immediately after the polls have been declared closed, 1
but not before, the ballots shall be counted in full view of the voters. 2
^Vhen they have been counted and the result ascertained, the presiding 3
officer shall make public announcement thereof in open meeting, and 4
the clerk shall, in open meeting, enter in words at length in the record 5
book, the total number of names checked on the voting list, the total 6
number of ballots cast, the names of all persons voted for, the number 7
of votes for each person, and the title of the office for which he was a 8
candidate. The clerk .shall forthwith make a copy of said record, certify, 9
seal and transmit it to the city or town clerk. lie shall then, before the 10
adjournment of the caucus, and in the presence of those who counted 1 1
the same, seal up all ballots cast, with the voting lists used, and a state- 12
ment of any challenge made. 13
The warden and clerk shall endorse upon such package the name of 14
the political party holding the caucus, its date, its purpose, and, if in a 15
city, for what ward and precinct the ballots were cast. The warden 16
shall forthwith transmit, by the officer detailed to attend the caucus, 17
to the city or town clerk, the ballots cast, the voting lists, the ballot 18
boxes, the ballot box seals, the counting apparatus, the copy of the 19
records, ami the record book. 20
The city or town clerk shall safely keep such sealed packages for ten 21
days. If within said time ten voters entitled to vote in said caucus file 22
with him a written request so to do, he shall preserve said ballots and 23
voting lists for three months and shidi produce them if required by any 24
court having jurisdiction or authority over them. 25
Certified copy SECTION 111. The citv or towu clcrk, upon written application 1
of voting hat Kji^v^iiv^ , i i- i- . o
as checked to signed by at least ten voters oi a ward or town, tor a copy ot a list as /
i896,'435,*5 7. checked, shall open the envelope containing the voting list used at any 3
Ch.'^.P. 53.] CAUCUSES. 591
4 caucus in such ward or town and shall furnish to them a certified copy l^'l;^**'
5 thereof as checked.
I90I, 265. 1907, .'ieO, 55 138, 450. 1918, 257, § 15. 1920, 2
R. L. 11, §125. 1913, 835, §§ ISO, 503. 1919,5.
1 Section 112. If before five o'clock in the afternoon of the second baiiot'J'lt'c
2 dav next succeeding the dav of a caucus, ten or more voters of anv town }?■!?• ^'SJ. § 23.
r»* 1111* ii*'i !■ ■ '1 '».» 1896, 435, 5 4.
3 or ward shall sign, adding thereto their respective residences on April im^, 530, § 12.
4 first of that year, and file with the city or town clerk a sworn statement § 126.
5 that the records and returns made by the caucus officei-s of such town n^l'. ii!*'§\26.
6 or ward are erroneous, specifying the error, or that challenged votes were H^ug^'iiss.
7 cast by persons not entitled to vote therein, said city or town clerk shall }|?i'|3°' ^ ^'
8 forthwith transmit such statement to the registrars of voters with the f69'Ma3^3°^534
9 sealed package containing the ballots and voting lists, and said registrars
10 shall give written notice to the person affected, fixing a place and time,
11 as early as may be, at which said ballots will be recounted, and at such
12 place and time shall open the packages containing the ballots and voting
13 lists and recount said ballots and determine the questions raised, and
14 shall reject any challenged vote cast b\' a person found not to have been
15 entitled to vote; and such recount shall stand as the true result of the
16 vote cast in such caucus. Each candidate affected may be present diir-
17 ing such recount, or may be represented by an agent appointed by him
IS in writing. If it shall appear upon a recount that persons were nomi-
19 nated or elected other than those declared to have been nominated or
20 elected, certificates of such change shall be made as in the case of the
21 original certificate.
1 Section 113. At the caucus held for the choice of candidates for a Caucus oib-
2 city or town election there shall be chosen annually a warden, a clerk, pere'oM°''°°'
3 and at least five in.spectors, and, in wards having more than five pre- 0/ ^^'ee 'o™h
4 cincts, such additional inspectors as the city committee of the political "1^^^%^^
5 party whose caucuses are to be held may determine. They shall be §s 27-29.'
6 voters of the ward or town where elected and members of the political §§ 26^28.'
7 party whose caucus is to be held. No person shall be eligible to the posi- 1897,' 530,' 1 24.
8 tion of warden, clerk or inspector who is a state, county or city em- u^l?.^'**'
9 ployee, or a member of a ward or town committee, and no person shall ^907- Ho ^ '^^•
10 serve as a caucus officer at any caucus wherein he is a candidate for fl/i^^y,*/®-
11 nomination to an elective office. Every caucus officer shall hold office wis! 835,
12 for one year, beginning with the first day of the month succeeding his ,p^^^,j j^^
13 election, and until his succes-sor is elected. He shall, before entering misnonduct
14 upon the performance of his duties, be sworn by the warden, clerk, or a chap.'^se, § 15.1
15 justice of the peace, and a record thereof made upon the record book of
16 such caucus. The respective duties of caucus officers shall be in gen-
17 eral the same required of election officers at elections.
1 Section 114. A majority of the caucus officers present at a caucus vacancies,
2 may fill temporary vacancies and elect additional officers to serve in that officefs."etc.
3 caucus only. Such temporary ofl^cers shall be duly sworn. Permanent Hit; Im] | it
4 vacancies shall be filled by a majority vote of all the caucus officers. '*'"'• ^'•^°- ^ ^*-
1898, 548, § 129. 1907, 560. 5§ 141, 456.
R. L. 11, § 129. 1913, 835, §§ 183, 503.
1 Section 115. A city or town committee of a political party which Appointment
2 has adopted the provisions of law for the use of official ballots shall, at servfat'tot
3 least ten days before holding any caucus thereunder, appoint caucus isg^so?. § 29.
592
CAUCUSES.
[Chap. 53.
1898. 548, officers in each ward, town, or voting precinct in cities and towns where 4
R. L. u, § 130. caucuses are held in such precincts, to serve at the first caucus to be 5
1906,444.5 3. held thereafter. 6
1907, 560, §§ 142,456.
1913,835. §§ 184. 503.
Caucus officers
in newly in- _
corpor.ated city
or on redivision
into wards, etc.
1895. 507. § 30.
1896. 469, i 14.
1898. 548,
§131.
R. L. 11, 5 131.
1907. 560.
§§ 143, 456.
Section 116. In a newly incorporated city, or upon a redivision 1
into wards of a city to which said provisions apply, the caucus officers 2
to serve in the first caucuses held in the next succeeding year shall be ap- 3
pointed by the city committee; and at such caucuses the regular caucus 4
officers shall be chosen. Where additional polling places are provided, 5
after the election of caucus officers, officers to act in such polling places 6
shall be appointed by the city committee. 7
1911, 518. 1913, 835, §§ 185, 503.
Twenty-five or
more voters
may hold
caucus for city
and town
offices, repre-
sentative, etc.
1888. 441,
§§ 1, 7.
1889, 413,
5§ 3. 4.
1S90, 386,
436, § 6.
1893, 417.
1898, 548,
§132.
R. L. 11, § 132.
1907. 560,
§§ 161, 456.
, §4;
, §71.
PROVISIONS APPLYING TO CAUCUSES OTHER THAN THOSE OF POLITICAL
PARTIES.
Section 117. A caucus of the voters, or of a specified portion thereof 1
in a ward of a city, or in a town, may be called and held for the nomination 2
of candidates to be voted for at any city election, or at any election of 3
town officers for which official ballots are used, or for the selection of 4
delegates to a convention, or for the appointment of a committee. The 5
proceedings of such caucuses shall be invalid unless at least twenty-five 6
voters participate and vote therein. Except as provided in this section, 7
no caucus or meeting other than those of political parties shall be entitled 8
to nominate a candidate whose name shall be placed on the official ballot, 9
or to select delegates to a political convention for the nomination of a 10
candidate whose name shall be placed on such ballot. 1 1
1913, 835, §§ 186, 503. 1923.186. 1 Op. A. G. 88.
Notice and
conduct of
caucus.
1888. 441, § 2.
1893, 417, § 72.
1894. 504. § 7.
1896, 469, § 4.
1898. 548,
§133.
1899. 329, § 5.
R. L. 11. § 133.
1907, 560,
§§ 162.456.
1913. 835.
§§ 187, 503.
Section 118. The notice for a caucus under the preceding section 1
shall be written or printed, shall state the place where, and the day and 2
hour when, said caucus is to be held, shall be issued at least seven days 3
prior thereto, and shall be conspicuously posted in at least five places 4
on lines of public travel, and, if practicable, in every post office within 5
the city or town, or shall be published at least twice in one or more local 6
newspapers. Said notice shall be signed by one or more voters of the 7
ward, town or district for which the caucus is called, and shall designate 8
by name or ofiice the person who shall call such caucus to order, and 9
he shall preside until a chairman is chosen. In his absence, the caucus 10
may choose a temporary chairman. The first business in order shall be 11
the organization of the caucus by the choice of a chairman, a secretary, 12
and such other officers as the meeting may require. The persons receiv- 13
ing the highest number of votes shall be declared elected or nominated. 14
The caucus may adopt regulations consistent with law. 15
Caucus to
vote by ballot
upon written
request, etc.
1888, 441, § 3.
1893, 417, § 73.
1898, 548,
§134.
R. L. 11, 5 134.
1907. 560,
§§ 163,456.
1913, 835,
§§ 188, 503.
Section 119. Upon the written request of ten or more voters present 1
at a caucus and entitled to vote therein, presented by a motion or other- 2
wise to the presiding officer for the time being, at any time before the 3
choice of the officer to which it relates, any candidate, delegate or mem- 4
ber of a political committee, and unless the caucus votes otherwise, the 5
chairman of the caucus, shall be elected by ballot. In balloting, the 6
voting lists furnished under section sixty-two of chapter fifty-one shall 7
be used as check lists. 8
Chaps. 53, 54.]
CAUCUSES. ELECTIONS.
593
1 Section 120. The secretary of a caucus held under the three pre- Preservation
.",„ , . ,!•, ^ i'_Ll 7 j_ j_ of ballotfl and
2 ceding sections shall, at the written request or ten voters entitled to vote votinKii»ts,etc.
3 in the caucus, preserve all ballots cast and voting lists used therein for ISo!?; Ii"; 5 %,
4 three months, and shall produce the same if required by any court, fi^lj.***'
5 board, convention or other tribunal having jurisdiction thereof.
R. L. U, 5 135. 1907, 560, §§ 164, 456. 1913, 835, §§ 189, 503.
CHAPTER 54
ELECTIONS.
Sect,
1.
2.
3.
4.
5.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
W.\ED9 AND VOTING PRECINCTS.
Decennial division of cities into
wards.
Voting precincts, division of cities
and wards into.
Voting precincts under new division
of wards.
When new divisions of cities into
wards take effect.
Map or description of new precincts
to be published and posted, etc.
Voting precincts in towns.
Changes in voting precincts in
towns.
Map or description of new precincts
to be posted, etc.
Town may discontinue voting pre-
cincts, etc.
State secretary to be notified.
ELECTION OFFICERS.
Election officers in certain cities, ap-
pointment, etc.
Election officers in towns divided
into voting precincts.
Party representation, term of office,
removal.
Filling of vacancies.
Candidates not eligible to act.
Deputy to act in certain cases, etc.
Ballot clerks of precincts, detail,
duties, etc.
Presiding officer in towns not divdded
into precincts, etc.
Ballot clerks in certain towns.
Oath of office of election officers.
Tellers.
Election officers, compensation.
Supervisors of elections.
VOTING PLACES.
24. PoUing places, designation, prepara-
tion, notice, etc.
25. Marking shelves and guard rails to
be provided, etc.
25A. Display of national flag.
Sect.
ballot boxes, voting machines, cocnt-
ing appar.4tds and bl.ink.s.
State ballot boxes and counting ap-
paratus to be provided, when.
Blanks and envelopes for returns of
votes, forms for use by election
officers, etc.
Ballot boxes, voting machines and
counting apparatus, care, repair,
etc.
Defective ballot boxes, etc., may be
replaced.
Precinct seals, use, custody, etc.
Ballot box, apparatus, etc., to be
sent to polling place.
State ballot law commission to ex-
amine and approve, etc., voting
machines, ballot boxes, etc. Ac-
tion if they cease to conform to
law.
Requirements of voting machines
and ballot boxes, etc.
Cities and towns may adopt use of
voting machines and purchase or
lease them, etc.
Preparation of voting machines for
use and delivery at polling place.
Election officers when voting ma-
chines are used.
Regulations for use of voting ma-
chines, ballot boxes and counting
apparatus.
Voting machines, ballot boxes and
counting apparatus to be in-
spected, etc.
Persons of whom machines or ballot
boxes are purchased to give bond,
etc.
26.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
PREPARATION AND FORM OF BALLOTS.
40. Ballots, preparation and furnishing.
41. Ballots, names, residences and po-
litical designations of candidates.
42. Contents, arrangement of names,
blank spaces, etc.
43. Presidential electors, arrangement of
names of candidates, etc.
594
ELECTIONS.
[Ch.\p. 54.
Sect.
44. Official ballots, paper, size, form,
type, etc.
45. Ballots, number to be provided, etc.
Partial ballots.
46. Ballots to be arranged in packages,
etc.
47. Printing of ballots when vacancy oc-
curs.
I.NTFOHMATION TO VOTERS.
48. Cards of instruction. Specimen bal-
lots and copies of proposed amend-
ments to the constitution.
49. Lists of candidates, etc., at state
elections to be transmitted to
registrars and posted.
50. City election, posting.
51. Town election, posting.
52. Lists of candidates, etc., at state and
city elections, to be published.
53. Measures submitted under initiative
and referendum, information to
voters. Lists of voters to be
furnished, etc.
54. Filing of arguments with state
secretary.
65. Notice of referendum measures to
be given to voters in cities.
56. Statement of purport of proposed
law or amendment may be sub-
stituted.
57. When to be sent.
58. Provisions of §§ 55-57 may be
suspended, etc.
DELIVERY OF BALLOTS, ETC.
59. Ballots, etc., packing and transmis-
sion.
60. Delivery at polls, state, city and
town elections.
61. Substitute ballots.
CALLING OF ELECTIONS.
62. Biennial state election, date, officers
to be chosen.
63. Calls for elections in cities.
64. Notices or warrants to specify
officers, etc. Time of opening and
closing of polls.
CONDUCT OF ELECTIONS.
65. Posting instructions, etc. Pasters.
Other posters or cards forbidden.
Opening of ballots, etc.
66. Use and custody of state ballot
boxes, etc.
67. Voting lists, delivery and use. Party
representation.
67A. Additional ballot boxes, use in
towns regulated.
68. No statement to be made before pub-
lic declaration of vote, except, etc.
Sect.
69.
70.
71.
72.
73.
74.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
Persons permitted within guard rail.
Number of voters allowed within
guard rail.
Presiding officer, general powers and
duties.
Police officer, etc., to preserve order.
Persons smoking, etc., or ha\'ing
liquor, etc., to be removed.
Offender to be detained, etc., but
not prevented from voting.
Duties of officers when law is vio-
lated.
M.\NNER OF VOTING.
Voting, giving name, delivery of bal-
lot, etc.
Marking ballot.
Voting for presidential electors.
Assistance in marking ballot.
Certain marks on ballot prohibited.
Voter spoiling ballot may obtain
others.
Marking and folding ballot, leaving
promptly, etc.
Depositing ballot, giving name,
check list, etc.
Ballots not to be removed from en-
closed space, etc.
Proceedings when vote is challenged.
ABSENT VOTERS.
Absent voters may vote, when.
Preparation of absent voting ballots,
applications, etc.
Distribution of absent voting bal-
lots, etc.
Obtaining blank applications, mail-
ing ballots, etc.
Blanks, etc., to be sent to voters in
military or naval service. Appli-
cations to secretary.
Filing and certification of applica-
tions, notation on voting list, etc.
Method of voting.
Time of mailing ballot.
Application to be attached to ballot.
Delivery to election officers.
Duties of election officers, etc.
Challenges.
Immaterial irregularities not to
cause rejection.
Proceedings when absent voter can-
not mark ballot.
Disposition of ballots received late.
Voting in person after mailing absent
voter ballot. Certain ballots not
to be counted.
Statement of military or naval
officer in lieu of jurat.
Information and instructions rela-
tive to absent voting.
Jurisdiction of courts relative to ab-
sent voting.
Chap. 54.]
ELECTIONS.
595
Sect.
counting of votes.
104. State blanks and apparatus to be
used, etc.
105. Proceedings at close of polls. Count-
ing votes. Announcing and re-
cording result. Counting in towns
during vote.
106. Certain ballots not to be counted,
etc.
107. Ballots, cast and not cast, and voting
lists, to be sealed up, etc.
lOS. Copies of voting lists as checked,
how furnished.
109. Ballots and lists, custody, disposi-
tion, etc.
RECORDS AND CERTIFICATES OF ELECTION.
Copies of Records prepared in Cities ami
Towns.
110. Record not to be rejected when num-
ber of votes can be ascertained.
111. Examination of precinct records, cor-
rection, etc.
112. Transmission to state secretary, etc.,
of copies of records of votes.
113. Proceedings when copy is received
unsealed.
114. Memorandum of receipt to be made.
Examination and Certification by Governor
and Council, etc.
115. State elections and state-wide re-
counts, examination of copies of
records and determination of
results.
116. Certification of results, issue of sum-
monses and certificates of election.
117. Return to state secretary, laying
before legislature, filing.
118. Presidential electors, examination of
returns of votes, proclamation,
and certificate.
Contested Elections of Presidential Electors.
119. Petition in court for declaration of
election, etc.
120. Procedure. Compulsion and immu-
nity of witness.
Examination and Certification of Records of
Votes for Certain County Officers.
121. County commissioners, etc., to ex-
amine returns of votes. Notice to
state secretary.
122. Board of examiners to examine in
certain counties. Notice to state
secretary, etc.
Correction of Records.
123. When records incomplete, etc., new
returns to be made, etc.
Sect.
Examination and Certification of Records of
Votes for Representative.
124. Representative district composed of
one city or town, etc., examina-
tion, record.
125. In other districts clerks to meet and
determine election, etc.
126. Designation, change and notice of
places of meeting of clerks.
127. Correction of errors in records of
votes for representative.
128. Certificate in duplicate of election of
representative, transmission, form,
return of officer.
129. Returns of votes to state secretary.
General Provisions relative to Records.
130. Whole number of ballots to be stated
in words at length, etc.
131. Violation of certain provisions not to
affect record, etc.
Information to be certified by City and Town
Clerhs.
132. Number of names checked to be
certified to state secretary, etc.
Secretary's Report of Assessed Polls, etc.
133. Report of number of assessed polls,
registered voters, etc.
EECOUNT.S OF VOTES.
134. Contested election, ballots to be re-
tained. Power to recount, etc.
135. Local or state-wide recovmt, how
and by whom conducted, notice of
result, amendment of record, etc.
136. No information to be given regard-
ing challenged voter.
137. In cities, election results not to be
declared before recount or expira-
tion of time therefor. No city
officer to act without certificate of
election.
PROCEEDINGS 'UPON FAILURE TO ELECT,
AND VACANCIES IN STATE OFFICES.
138. Presidential electors, failure to elect
majority, vacancy or al^scnce.
139. Failure to elect, or vacancy; senator
in congress.
140. Same; representative in congress.
141. Same; representative in general
court.
142. Same; district attorney and county
officers.
143. Same; county treasurer, register of
deeds.
144. Same; county or associate commis-
sioner.
145. Death after election and before be-
ginning of term of office, effect.
596
ELECTIONS.
[Chap. 54.
Sect.
146. State secretary to be notified, etc.
147. Elections to fill vacancies, proceed-
ings.
PROCEEDINGS OF PRESIDENTIAL ELECTORS.
148. Presidential electors, meeting, or-
ganization, record of proceedings.
149. Compensation.
OFFICERS TO BE ELECTED AT STATE ELEC-
TIONS.
150. State oiBcers to be elected biennially.
151. Presidential electors.
Sect.
152. Senators in congress.
153. Representatives in congress.
154. District attorneys.
155. Clerks of courts.
156. Registers of probate and insolvency.
157. Registers of deeds.
158. County commissioners.
159. Sheriffs.
160. County treasurers.
161. Commissioners to apportion Suffolk
county into representative dis-
tricts, decennial election.
Decennial
division of
cities into
wards.
1865, 7.
P. S. 28,
§§ 14-16.
1888, 437,
§§1,4.
1893.417, (
1898, 548.
§ 158.
R. L. 11. §
1907, 560,
§§ 190, 456.
1909, 440, § 2.
96.
61.
WARDS AND VOTING PRECINCTS.
Section 1. In nineteen hundred and twenty-four, and every tenth 1
year thereafter, in December, a city, by vote of its city council, may make 2
a new division of its territory into such number of wards as may be fixed 3
b.y law. The boundaries of such wards shall be so arranged that the wards 4
shall contain, as nearly as can be ascertained and as may be consistent 5
with well defined limits to each ward, an equal number of voters. The 6
city clerk shall forthwith give written notice to the state secretary of the 7
number and designations of the wards so established, together with an 8
official copy of tJic description of said wards. 9
1913, 835, §§216, 503. 1914, 676, § 2. 1920, 146, § 1-
Voting pre-
cincts, division
of cities and
wards into.
1884, 299, § 3.
1890, 423, § 69.
1893, 417,
1896, 244.
189S, 548,
§ 159.
R. L. 11.
1906, 444,
1907. 560,
§§191, 45G.
1913, 835,
§§ 217, 503.
1918, 74.
1921, 220, § 1.
§97.
§162.
§6.
Section 2. Each city shall be divided into convenient voting pre-
cincts, designated by numbers or letters and containing not more than
two thousand voters. Every ward shall constitute a voting precinct by
itself, or shall be divided into precincts containing as nearly as may be an
eciual number of voters, consisting of compact and contiguous territory
entirely within the ward, and bounded, so far as possible, by the center
line of known streets or ways or by other well defined limits. If a ward 7
constituting one precinct contains more than two thousand voters, 8
according to the registration at the preceding annual or biennial city 9
election, the aldermen, on or before the first Monday of July, shall divide 10
it into two or more voting precincts. They may so divide a ward or 11
precinct containing less than two thousand voters. If in any year, accord- 12
ing to such registration, a voting precinct contains more than two thou- 13
sand voters, the aldermen shall in like manner either divide such precinct 14
into two or more voting precincts or make a new division of the ward into 15
voting precincts. 16
Voting pre-
cincts under
new division
of wards.
1SS4, 299, § 3.
Section 3. On or before the first Monday of July in the year following 1
a redivision of a city into wards, the aldermen shall divide such city into 2
voting precincts, conformably to the preceding section. 3
1888, 437, § 2.
1890, 423, § 69.
1893, 417, § 98.
1898, 54S, § 160.
R. L. 11, § 163.
1907, 560, §§ 192, 456.
1013, 835, §§ 218, 503.
1914, 676, § 3.
When new
divisions
of cities
into wards
take etlect.
Section 4. For all elections held prior to the biennial state primary 1
following a redivision of a city into wards, and for the assessment of taxes 2
in the year following such a redivision, the wards as existing previous to 3
Chap. 54.] elections. 597
4 such redivision shall continue, and for such purposes the election oflScers isss, 437, 5 4.
5 shall be appointed and hold office, and voting lists shall be prepared, and isok: 220!
6 all other things required l)y law shall be done, as if no such redivision had uh.^''*'
7 been made. For all other purposes the new division shall take effect on {Iq^; 5^3^ ^''''■
8 December thirty-first of the year when made. ^^ ^^^- *''**•
1909, 440. 8 2. 1914, 676, § 4. 1924, 139. 157 Mass. 595.
1913, 835, §§ 219, 503. 1919, 269, § 1. 1925,135,11.
1 Section.'). When a ward has been divided into new voting precincts, Map or
2 or the voting precincts thereof have been changed, the aldermen shall new precincts
3 forthwith cause a map or description of the division to be published, in and po'^stedlVt'c.
4 w'hieh the new precincts shall be designated by numbers or letters and }||o; 'i^\ | *q
5 shall be defined clearly and, so far as possible, by known boundaries; j^i^qo*^^"
6 and they shall cause such map or description to be posted in at least ten iSj'Ij^^^'
7 public places in each precinct of a ward so divided, and copies thereof R. l. n. § i65.
8 furnished to the registrars of voters, and to the assessors, and to the elec- §§ 194, 456.
9 tion officers of each precinct so established.
1913, 835, §§220,503.
1 Section 6. A town may direct its selectmen to prepare a division voUngpre-
2 of the town into convenient voting precincts. The selectmen shall, so i88'6,''264°I°i!
3 far as possible, make the center line of streets or ways, or other well Jig"; tl^\ ^ ''^■
4 defined limits, the boundaries of the proposed precincts, and shall desig- ^^7' 530, § 6.
5 nate them by numbers or letters. They shall, within sixty days, file a l*j'|j^''*''
6 report of their doings with the tow'n clerk, with a map or description of ii. l.'i1j^§ 166.
7 the proposed precincts, and with a statement of the number of voters §§ 195, 456.
8 registered in each for the preceding state or town election. The report §§221,563.
9 shall be presented by the town clerk at the next town meeting, but .shall [seechap.39,
10 not be acted upon except at a meeting held at least seven days after the
11 report has been filed. The division so reported may be amended at such
12 meeting, and shall take effect when adopted. Elections of state officers
13 held in such town more than sixty days after such action shall be held
14 in the precincts so established. If such report shall be rejected the town
15 may at any time direct the selectmen to prepare a new division.
1 Section 7. A town may make any change in its voting precincts changes in
2 which the selectmen recommend in a statement giving the boundaries, cincts in towns.
3 the designations of the proposed precincts and the number of voters JsMlti^i
4 registered in each for the preceding state or town election, filed with the is98^s48,
5 town clerk at least seven days before a town meeting; but no changes f^'f^ji^ 5 157
6 other than those so proposed by the selectmen shall be made at such l^^/ge^^ise
7 meeting.
1913, 835. §§ 222, 503.
1 Section 8. When a town has been divided into voting precincts Map or
2 or the voting precincts thereof have been changed, the selectmen shall new p?ec'inct8
3 post in the office of the town clerk and in at least three public places in 1°^^" p'^^"^-
4 each new precinct a map or description in w'hich the new precincts shall I'^foj*^^'
5 be designated by numbers or letters, and defined clearly and, so far as i^^j^^j^^'
6 possible, by known boundaries. They shall furnish copies thereof to the r. l. ii,
7 registrars of voters and the assessors of such town, and to the election i907,'560,
8 officers of each precinct so established.
1913, 835, §§ 223,503.
598 ELECTIONS. [Chap. 54-
Town may SECTION 9. Any town may at a town meeting discontinue its voting 1
voting pre- precincts; and subsequent elections therein shall be held as if no such 'J.
1888, 146,' division had been made. But it may, in any subsequent year, establish 3
1890, -123, § 73. voting prcciucts as hereinbefore provided. 4
1893,417, § 104. R. L. 11. § 169. 1913. 835, §§ 224, 503.
1898, 548, § 166. 1907, 560. §§ 198, 456.
fotlnotilrf.^ Section 10. When wards of a city have been changed or when vot- 1
i89o'423' ^^' i"S precincts in a city or town have been established, changed or dis- 2
isQz'iu continued, the city or town clerk shall forthwith give a written notice 3
§ 105. ' thereof to the state secretary, stating the number, designation and official 4
§ 167. ' description of such wards or voting precincts and in a city the wards 5
1907,' 560, ' where such precincts are situated. 6
§§ 199, 456. jgi3^ 835_ jj 225, 503. 1920, 146, § 2.
ELECTION OFFICERS.
^'certa^n°dS* SECTION 11. The uiavor of every city, except where city charters 1
appointment, provide othcrwisc, shall annually not earlier than June fifteenth nor later 2
1884, 299, 5 7. than August fifteenth appoint as election officers for each voting precinct, 3
1889! 413! 1 20^ one warden, one deputy warden, one clerk, one deputy clerk, four inspec- 4
423°'§\'5.' tors and four deputy inspectors, who shall, at the time of their appoint- 5
1892! 43i: ment, be qualified voters in the ward of which such precinct forms a part. 6
1S93. 417. j-[j, j^ay, in like manner, appoint two inspectors and two deputy inspectors 7
1898 548, ji^ addition, and such additional inspectors to count and tabulate the 8
R. L.ii, § 171. votes as he may deem necessary. Every such appointment shall be filed 9
1903! 454; 5 9. in the office of the city clerk of such city within forty-eight hours after 10
1907', 56o: ^ '^' it is made, and shall be acted on by the aldermen not less than three days 1 1
ilu'l^e'''' ii^ter the filing of such appointment and on or before September first 12
i9i3'|35,^ following. Such appointment shall be open to public inspection. In 13
1923, 204, § 1. cities where the aldermen accept this section or have accepted correspond- 14
ing provisions of earlier laws, no deputy warden, deputy clerk or deputy 15
inspectors shall be appointed. 16
officers°n towns SECTION 12. The selectmcu of e\-ery town di\'ided into voting pre- 1
di^ded into ciucts shall annuallv, not earlier than June fifteenth nor later than August 2
votmg pre- . , . ^^ « , . . i .j
cincts. fifteenth, appomt as election oihcers tor each votmg precinct, one warden, 3
1892! 431.' ' one deputy warden, one clerk, one deputy clerk, two inspectors and two 4
u^os.*"' deputy inspectors, who shall be voters of the precinct. They may, in like 5
H69.^**' manner, appoint two inspectors and two deputy inspectors in addition. 6
R. L. 11, § 172. 1907, 560, §§ 201, 456. 1928, 149, § 2.
1903. 454, § 9. 1913. 835, §§ 227, 503.
JI"r?sentation SECTION 13. Such election officers shall be so appointed as equally to 1
term of office, ' represent the two leading political parties, except that, without disturb- 2
i89'o.''42'3. ing the equal representation of such parties, not more than two of such 3
1893^417. election officers not representing either of them may be ap])ointed. The 4
iIosIms!^' warden shall be of a different political party from the clerk, and not more 5
r'l'ii 5 173 than one half of the inspectors shall be of the same political party. In 6
1903. 454. 1 9. ejich case the principal officer and his deputy shall be of tlie same political 7
1907! 560,' ' party. Every election officer shall hold office for one year, beginning with 8
i9r3,"835, ■ September first succeeding his appointment, and until his successor is 9
ilii^iui^i 2. qualified, or until his removal. An election officer may be removed by the 10
mayor, with the appro \al of the aldermen, or b\- the selectmen, after all
hearing, upon written charge of incompetence or oflicial misconduct pre- 12
Chap. 54.] elections. 599
1.3 ferred h>- tlie city or town clerk, or by not less than six voters of the ward,
14 or, in a town, of the voting precinct where the officer is appointed to act.
1 Section 14. If there is a vacanc\- in the number of the election Filling ot
~, .rt !• ^r> ii*"i* *. . I* i' vacancies.
2 officers, or if an election orncer declines his appointment and gives notice i890, 423,
3 thereof to the city or town clerk within ten days following the date of his i893.'4i7,
4 appointment, the mayor or the selectmen shall, except as provided in flai^Vs?^'
5 section sixteen, fill the vacancy; and the appointment shall be so made as ^'{f „ ^ 175
6 to preserve the equal representation of the two leading political parties. Jtos. |54. | 9.
7 Appointments to fill vacancies may be acted upon immediately by the laoj^^seo:^
8 aldermen.
1913, 835, §§ 230, 503. 1919, 2G9, § 12. 1923, 204, § 3.
1 Section 15. No person shall, at a state, city or town election, be Candidates not
2 eligible or act as an election officer in a voting precinct where he is a i884, 299, § s.
3 candidate for election; and if a person appointed an election officer i893!4i7!
4 becomes such a candidate, and does not forthwith resign his office, the i894'!i32. § 1.
5 mayor or selectmen, if he is a candidate at a state election, shall remove j^fl, ^■'**'
6 him from office before November first, or, if a candidate at a city election, f^^ ij^§ i76.
7 the mayor shall so remove him at least eight days before the day of the ||j|0''^3-'g56-
8 election, or if a candidate at a town election the selectmen shall remove §§231.563.
„,.,„,,■,,. 180 Mass. 382.
9 him before the election.
1 Section 16. If a warden, clerk or inspector is absent at the opening peputytoact
1 11 PI- -1' J.1 zi? • i '" certain cases,
2 of the polls orsubscquently on the day of election, or 11 tne omce is vacant, etc.
3 the deputy of such officer shall act for that election in his place. If the 1890! 423]
4 warden and deputy warden, clerk and deputy clerk, or an inspector and lUl'In.
5 his deputy, shall be absent, the voters of the precinct on nomination and ll,^°''' ^°^'
6 by hand vote shall fill the vacancy, and the officer so elected shall act l^j^i^^**'
7 during the remainder of the election; but otherwise no deputy oflicer r.^l. u^^i 177.
8 shall act in an official capacity or be admitted to the space reserved for §§ 206, 456.
9 election officers while the polls are open or during the counting of the 1913! sasi
in i 1- I- o §§232,503.
10 votes.
11 In cities where no deputy warden or deputy clerk is appointed, if a
12 warden or clerk is absent at the opening of the polls or subsequently on
13 the day of election, or if the oflSce is vacant, the senior inspector of the
14 same political party as such warden or clerk shall act as warden or clerk
15 for that election, and the voters of the precinct, on nomination and by
IG hand vote, shall fill the vacancy in the office of inspector.
9
1 Section 17. At state elections in cities and in towns divided into BaUot clerks
voting precincts, and in city elections, the presiding election officer of detail, duties,
3 each voting place or precinct shall detail two inspectors of difi'erent politi- 5889, 413, § 20.
4 cal parties to act as ballot clerks, who shall have charge of the ballots HH] lij\ ^ ^^■
5 and shall furnish them to voters. ^ ^^^'
1898, 548, § 175. R. L. 11, 5 178. 1907, 560, §§ 207, 456. 1913, 835, §§ 233. 503.
1 Section 18. At state elections in towns not divided into voting Presiding
2 precincts, the selectmen shall have the powers of wardens in cities or not™h'\ded°"
3 moderators in towns, and shall act by their chairman or senior member f^° ?■■"'"'■'=■
4 present, who shall be the presiding election officer.
Const, pt. 2, c. 1, R. S. .5, § 6; 6, § 16. 1893, 417, § 114.
§2, art. 2. G. S. 7, § 8. 1898, 548, § 176.
(Const. Rev. art. 46.) 1874, 376, § 22. R. L, 11, § 179.
1795, 55, § 1. P. S. 7, § 8. 1907, 560, §§ 208, 458.
1832, 169, § 1. 1890, 423, § 79. 1913, 835, §§ 234, 503.
600
ELECTIONS.
[Chap. 54.
BaUot clerks
in certain
towns.
1890, 386. § 13;
423, § 77.
1891, 31.
1893, 417,
§ 115.
1898. 548,
§ 177.
R. L. 11, § ISO.
1907. 560.
§§209, 456.
1913, 835,
§§235, ,503.
Section 19. At state elections in towns not divided into voting 1
precincts, and at town elections in towns where official ballots are used, 2
the selectmen, before the opening of the polls, shall appoint two voters as 3
ballot clerks, who shall have charge of the ballots and shall furnish them 4
to voters. The selectmen or the moderator presiding at such election may 5
subsequently appoint additional ballot clerks, not exceeding one for every 6
four hundred voters and majority fraction thereof, and may likewise fill 7
any vacancy after the opening of the polls. Such ballot clerks shall be so 8
appointed as to represent the two leading political parties as equally as 9
may be, except that such additional ballot clerks may be appointed from 10
voters not representing either of them. 11
Oath of office
of election
officers.
1884, 299, § 7.
1890, 423,
§§ 75, 76.
1893, 417,
§112.
Section 20. Every election officer before entering upon the per-
formance of his official duties shall be sworn before the city or town clerk,
the presiding officer or clerk at the polls, or any officer qualified to ad-
minister oaths, and a record thereof shall be made.
1898, 548, § 178. R. L. 11, § 181. 1907, 560, §§ 210, 456. 1913, 835, §§ 236, 503.
Tellers.
1883, 229.
1885, 261.
1886, 262, § 3.
1890, 423,
§§78,80,215,
222
1893, 417,
§ 116.
1895, 285.
1898, 548,
§ 179.
1899, 329, § 6.
R. L. 11, § 182.
1907, 560,
§§ 211,456.
Section 21. Selectmen of towns shall, at least five days before a
state or town election, appoint voters as tellers to assist at the ballot box
and in checking the names of voters upon the voting lists, and in can-
vassing and counting the votes. Presiding officers in such towns, at
state and town elections, may appoint voters as additional tellers, and
they shall do so on the written request of ten voters of the town. Tellers
appointed at elections where official ballots are used shall be so appointed
that the election officers making and assisting in the canvass and count
of votes shall equally represent the two leading political parties.
1913, 835, §§ 237, 503. 138 Mass. 214. ISO Mass. 382.
Election
officers,
compensation.
1SS4, 299,
§§ 7, 8.
1890, 423,
§§ 75, 76, 7S.
1893, 417,
§ 119.
Section 22. Election officers shall receive such compensation for
each day's actual service as the city council or the selectmen respectively
may determine ; but no deputy officer shall receive compensation except
for attendance at the opening of the polls or for services in place of an
absent officer.
1898, 548,
R. L. II, §
§180.
183.
1907, 560, §§ 212, 456.
1913, 835, §§ 238, 503.
152 Mass. 530.
Supervisors
of elections.
1884, 299, § 9.
1885. 268.
1891, 264,
§§1,2.
1893, 417,
S 120.
1898. 548,
§182.
R. L. 11, § 185.
1907. 560,
§§ 214, 456.
1913, 835,
§§ 240, 503.
[Penalty for
misconduct by
supervisor of
elections.
Chap. 56, § 17;
for interfer-
ence with
supervisor.
Chap. 56, § 43.1
Section 23. Upon the written petition of ten qualified voters of a
ward or of a town, presented at least twenty-one days before a state or
city election therein, the governor, with the advice and consent of the
council, shall appoint for such ward or town or for each voting precinct
named in the petition, two voters of the city or town, who shall not be
signers of the petition or members of any political committee or candi-
dates for any office, to act as supcr\-isors at such election. One super-
visor shall be appointed from eac'h of the two leading political parties.
They shall be sworn by the city or town clerk or by an officer qualified to
administer oaths. Tlie supervisors shall attend tiie polling places for 10
which they are appointed, may challenge persons offering to vote, and 11
shall witness the conduct of the election and the counting of votes; but 12
they shall not make any statement tending to reveal the state of the 13
])olls before the i)ublic declaration of the \ote. They shall remain where 14
the ballot bo.xes arc kept after the polls are open and until the ballots 15
are sealed for transmission to the officers entitled to receive them. Each 16
ClL\P. 54.] ELECTIONS. 601
1 7 supervisor may affix his signature, for the purpose of identification, to the
18 copy of the record of votes cast, or attach thereto any statement touch-
19 ing the truth or fairness or conduct of the election. Supervisors shall
20 receive such compensation for each day's actual service as the city coun-
21 cil or the selectmen may determine.
VOTING PLACES.
1 Section 24. The aldermen in cities, except where city charters pro- Foiling places,
2 vide otherwise, and the selectmen of towns divided into voting precincts, preparation',
3 shall, twenty days at least before the biennial state or annual or biennial JgsTyg' § 5.
4 city election and ten days at least before any special election of a state or }||^; J|| ^ 74
5 city officer therein, designate the polling place for each voting precinct g^fli*"'
6 and cause it to be suitably fitted up and prepared therefor. In a city or i*{'|^548,
7 town which has provided voting booths such booths may be placed in the k. L.'ii. § is6.
8 public ways of such city or town, provided said ways are left reason- 1907! seo]
9 ably safe and convenient for public travel. It shall be in a public, orderly fgil^ sss!^'
10 and convenient portion of the precinct; but if no such polling place can f|i|*269!'^§ 13.
11 be had within the precinct, they may designate a polling place in an ad- '^^,^5^^*'
12 joining precinct. No building or portion thereof shall be designated or 190 Mass. 358.
1.3 used as a polling place in which intoxicating liquor has been sold within
14 the thirty days preceding the day of the election. When the polling places
15 have been designated, the aldermen, in at least five public places in each
16 precinct of the city, and selectmen, in at least three public places in each
17 precinct of the town, shall forthwith post a printed description of the
IS polling places designated, and may give further notice thereof.
1 Section 25. Except where voting machines are used as provided in Marking
2 section thirty-four, the aldermen or selectmen shall cause each polling guaM raUs to
3 place in their respective cities and towns to be provided with a sufficient ^e^p™"<^«'''
4 number of suitable marking shelves or compartments where voters may J^; |f|; 1 1};
5 conveniently and secretly mark their ballots; and they shall cause a l*j^|i*^^'
6 guard rail to be so placed that only persons inside thereof can approach |*^|'^*^'
7 within six feet of the ballot boxes or of the marking shelves or compart- r. l.'ii, § i87.
8 ments. The ballot boxes and the marking shelves or compartments shall §§ 216, 456.
9 be in open view of persons in the polling place outside the guard rail. §§'142*^563.
10 The number of marking shelves or compartments shall be not less than
11 one for every seventy-five voters at such polling place, and not less than
12 five in any voting precinct of a city, and not less than three in any town
13 or voting precinct thereof. Each marking shelf or compartment shall
14 at all times be provided with proper supplies and conveniences for mark-
15 ing the ballots.
1 Section 25A. In any city or town which accepts this section by vote Display of
2 of its city council or selectmen, the national flag shall be displayed at each i93o!T49.''^'
3 polling place during the hours when voting is taking place thereat.
BALLOT boxes, VOTING MACHINES, COUNTING APPARATUS AND BLANKS.
1 Section 26. Except where voting machines are used as provided in state ballot
2 section thirty-four, the state secretary shall, at the expense of the com- costing ap-
3 monwealth, provide every city and town for use at every polling place protid^d,°when.
4 therein with a state ballot box and counting apparatus approved by the }*|*; j^^; | j°
5 board of voting machine examiners as pro\-ided in section thirty-two. i|88. «|. 1 2^
602
ELECTIONS.
[ClL\P. 54.
1891,328, § 1.
1893, 417,
§ 123.
Blanks and
envelopes for
returns of
votes, forms
for use by
election
officers, etc.
1857, 295, § 1.
G. S. 7. § 20.
1874, 376, § 34.
P. S. 7, §43;
8, § 18; 22,
§28.
1890, 423,
§ 112.
1891, 328,
329, § 3.
1893, 417,
§§ 123, 124.
Ballot boxe.s shall be purchased by the secretary at a price not exceeding
seventy dollars each.
§1;
1898, .548. § 185.
R. I>. 11, § 188.
1903, 308, § 2.
1907, 560, §§ 217, 456.
1913, 835, §§ 243, 503.
1920, 169.
1 Op, A. G. 251, 376.
[Penalties for malicious injury, etc., of ballot box, etc., Chap. 56, §§ 47, 48. J
Section 27. The state secretary shall provide every city and town
with suitable blank forms and envelopes for all certificates, copies of
records and returns required to be made at his office, with such printed
directions thereon as he may deem necessary; and such other blank
forms and suggestions and instructions, as w'ill assist the election officers
in the performance of their duties. The clerks of the courts of the sev-
eral counties shall in like manner provide cities and towns with suitable
blank forms and envelopes for all certificates, copies of records and
returns required to be made to the county commissioners and boards of
examiners.
217, 1913. 835, §§ 243,
1898, 548,
R.L. II, §§
i§ 185, 186.
188, 189.
1907, 560, §§
218, 456.
1913. 835, i
244, 503.
1
2
3
4
5
6
7
8
9
10
[Penalty for malicious injury, etc., of blank forms. Chap. 56, § 47.]
Ballot boxes,
voting ma-
chines and
counting ap-
paratus, care,
repair, etc.
1884, 299, § 14.
1890, 423, § 87.
1891, 329, § 1.
1893, 307;
417, § 125.
1898, 548,
§187.
R L. 11, § 190.
1907, 560.
§§ 219, 456.
1912, 641, § 5.
1913, 835,
§§ 245, 503.
Section 28. The clerk of each city or town shall provide therein a 1
place for the safe keeping of the ballot boxes and counting apparatus 2
furnished by the commonwealth, and of voting machines used in such .3
city or town. He shall have the care and custody thereof, and see that 4
they are kept in good order and repair. The custody, care and repair 5
of all such voting machines, ballot boxes and apparatus shall be at the 0
expense of the city or town, but shall be subject to the supervision and 7
control of the state secretary, who may, at the expense of the common- 8
wealth, subject to approval as provided in section thirty-two, cause 9
necessary improvements to be made in any of such voting machines, 10
ballot boxes or apparatus. 11
Defective
ballot boxes,
etc., may be
replaced.
1895, 508, § 1.
1898, 548, § 188.
Section 29. If a state ballot box becomes defective or is lost or de- 1
stroyed, the state secretary, upon application by the city or town clerk, 2
shall provide another ballot box at the expense of such city or town. 3
R. L. 11, § 191. 1907, 560, §§ 220, 456. 1913, S35, §§ 246, 503.
Precinct seals,
use, custody,
etc.
1874, 376, § 42.
1876, 188, § 6.
1880, 87.
P. S. 7,
§§28,39.
1884, 299,
§§ 23, 33.
1890. 423,
1892, 405.
1S93, 417,
§ 127.
1898, 548, § 190.
i89.
Section 30. The clerk of every city and of every town di\ided into
voting precincts shall furnish to the clerk of each voting precinct a seal
of suitable device, with a designation thereon of such precinct; and such
seal shall be used in sealing all envelopes required by law to be used at
elections. The clerk of the precinct shall retain custody of the seal,
and shall, at the end of his term of office, deliver it, with the records of
the precinct and other official documents in his custody, to the city or
town clerk.
R. L. U, 5 193. 1907, .560, 5§ 221, 456. 1913, 835, §§ 247, 503.
Ballot box,
apparatus,
etc., to be sent
to poIlinK place.
1884, 299, § 16.
1890, 423, § 89.
1891, 328, § 3.
Section 31. Every city and town clerk shall send to the election 1
officers at each polling place, before the opening of the polls on the day 2
of an election or meeting at which the same are required to be used, the 3
ballot box, blank forms and counting and other a])paratus. 4
1892, 405.
1893, 417,
128.
1898, .548, § 191.
R. L. 11, § 194.
1907. .WO,
1913, 835,
S 222, 456.
§ 248, 503.
State ballot Section 32. The state ballot law commission sliail constitute the 1
law commis- , i ,. • i • • i i i i' i 1 1 .>
sion to examine state board oi \()tiiig machine examiners and no member tlicrcoi snail J
ClL\P. 54.] ELECTIONS. 603
.") liave any pecuniary interest, directly or indirectly, in any voting machine, and approve,
4 hallot Ixtx or couiitina; apiiaratus. They shall, at such times, under such machines,
.5 conditions, and after such jjuhlic notice as the\- shall determine, examine ete.°VSif
() voting machines, ballot boxes and counting apparatus, and shall file ''SormTo'i?™.
7 with the state secretary their written approval of all machines, ballot g^""'- amend.
8 boxes and counting apparatus which in their judgment conform to the ^^"'iff,'^''''-
9 requirements of law, together with such written or printed descriptions, i^oji, 378,
10 and such drawings, specifications and photographs as will clearly identify 548,'§267.
1 1 such machines, and the state secretary shall send a copy of each report igosi sos,
12 on voting machines to every city and town clerk. For the purpose of fgoV, I'eo,
13 such examination said board may employ not more than three expert Hi'^^'^'^'^'
14 machinists at a cost not exceeding ten dollars each for each day employed, ||\^'f;^''
15 to be paid from the appropriation for the expenses of the commission. is^lig^^a
1() If any machine, ballot box or counting apparatus approved and pre- i9i8, 257, § 17.
17 scribed by said board in accordance with this and the following section 1920: 2.
IS shall, in the judgment of the board at any time thereafter, by reason Iop^a.^g.Ijm.
19 of the enactment of further requirements, cease to conform to the re-
20 quirements of law, the board shall notify the state secretary thereof, who
21 shall forthwith send a copy of such notice to every city and town clerk;
22 and no such machine, ballot box or counting apparatus shall be used at
23 any primary, caucus or election until, upon examination by said board,
24 it shall in their judgment conform to all the requirements of law, and
25 shall be approved in the manner herein provided.
1 Section .33. Voting machines shall furnish convenient, simple and SXTnrma-^
2 satisfactory means of voting at primaries and elections and of ascertain- ^'^y^j boxis,
3 ing and recording the true result thereof with facility and accuracy, f^^^ ^^^ ^'2.
4 special regard being given to the prevention and detection of double 548. '§ 267.
5 voting at primaries and elections and of \oting for candidates of more 1907, .560.
G than one political party at a primary; but no machine shall be approved Igif^GiiT'
7 which does not secure to the \oter as much secrecy in voting as is afforded f|j| 'gig
8 by the use of the official ballot. Ballot boxes shall have sufficient locks ^^ '^^°' ^^■
9 and keys or seal fastenings, and shall contain mechanical devices for
10 receiving, registering and cancelling every ballot deposited therein;
1 1 but no such box shall record any distinguishing number or mark upon a
12 ballot. No machine, ballot box or counting apparatus, not approved
13 in accordance with this and the preceding section, shall be used at any
14 election, primary or caucus; nor shall any such machines, ballot boxes or
15 counting apparatus be used except in accordance with the laws relating
1() to primaries and elections. The arrangement of names and questions on
17 voting machines shall be in general the same as on the official ballot,
18 except that when in the judgment of the ballot law commission it is im-
19 practicable, said commission shall determine the arrangement.
1 Section .34. The aldermen of a city, except Boston, or a town, may, cities and
2 at a meeting held at least thirty days before the primary or election adopt SL;
3 at which voting machines are to be used, determine upon and purchase, mach*n°l and
4 or lease, one or more voting machines approved as provided in section feasc'thrin%tc.
5 thirty-two, and order the use thereof at primaries and elections of state, j^^f,; ^^|; | \-
6 citv or town officers in such citv or town ; and thereafter at all primaries '^^s, 378. § s;
* * rr. • 1 • "I ^^^' 3 .^68.
7 and elections of state, city or town officers m that city or town, until '^"/•^'l'-, 271
8 otherwise ordered by the aldermen in a city, and the selectmen in a town, looj.suo.
9 said machines shall be used at primaries and for voting for the officers to 1912, 64i,
§§3,4, 13.
604
ELECTIONS.
[Chap. 54.
1913. 835,
|§ 251, 503.
1916, 43, § 1.
1 Op. A. G.
366, 602.
be elected at such elections and for taking the vote upon questions sub- 10
mitted to the voters. 11
For polling places in which voting machines are to be used no ballot 12
boxes or ballots shall be furnished. 13
Preparation of
voting ma-
chines for
use and
delivery at
polling place.
1912, 641, § 6.
1913, 835,
§§ 252, 503.
Section 35. The body, board or official charged with the conduct 1
of elections in any city or town where voting machines are used shall, 2
before the opening of the polls at a primary or election, cause each ma- 3
chine to be prejiarcd for use and delivered at the polling place, and shall 4
cause to be done all things necessary to hold the primary or election with 5
machines. 6
[Penalty for tampering with voting machine, etc., Chap. 56, § 48.]
Election
officers when
voting ma-
chmes are used.
1912, 641, § 7.
1913, 835,
|§ 253, 503.
Section 36. In any election when voting machines are used in any
polling place in any city or town, the number of election officers in such
polling place may be less than six in the discretion of the board, body or
official in which or in whom the authority to determine the number of
election officers in such polling place is vested by law, subject to section
thirteen.
Regulations
for use of
voting ma-
chines, ballot
boxes and
counting ap-
paratus.
1898, 378, § 5;
548, § 270.
Section 37. The ballot law commission shall make regulations for
the use of the voting machines, ballot bo.xes and counting apparatus
approved by it, and suitable instructions for the voters in cities and
towns where such machines, ballot boxes and counting apparatus are
used shall be prepared and furnished by the state secretary.
R. L. 11, § 273.
1905, 313, 5 2.
1907, 560, §§ 227, 456.
1912,641, §§8, 13.
1913, 835, §§ 254, 503.
196 Mass. 410.
Voting ma-
chines, ballot
boxes and
counting ap-
paratus to be
inspected, etc.
1884, 299, § 10.
1887, 443, § 1.
1890, 423,
1893, 417,
§ 123.
1898, 378,
648, §§ 185,
267.
§84.
I 2;
Section 38. No voting machine shall be used at a primary or election
until it has been inspected under the direction of the state secretary and
found to conform to drawings and specifications to be filed in the office of
the secretary by the ballot law commission, with their report on the
machine, nor shall any ballot box or counting apparatus be used at a
primary, caucus or election until it has been inspected and approved
under the direction of said secretary.
R.L.ll, §§ 188,270.
1903,368, §§2,4.
1907, 560, §§ 224, 228, 456.
1912, 641, §§ 10, 13.
1913, 835, §§ 255, 503.
Persons of
whom machines
or ballot boxes
are purchased
to give bond,
1895, 508, § 3.
1898, 378,
§ 4; 548,
§§ 189, 269.
R. L. 11,
§§ 192, 272.
1903, 368, § 3.
1905, 313, § 1.
1907. 560,
§§ 226, 456.
1912, B41,
§§ 12, 13.
1913, 835,
§§ 256, 503.
1916, 43, § 2.
Section 39. When voting machines or ballot boxes are purchased
by the commonwealth or by a city or town, the persons of whom the
purchase is made shall give to the state secretary, city or town clerk or
election commissioners, as the case may be, a bond with sufficient sure-
ties to keep such machines or ballot boxes in working order for two years.
Such persons shall aLso give a bond with sufficient sureties, conditioned
to defend and indemnify the commonwealth or cities and towns pur-
chasing, or leasing, and using the machines or ballot boxes against any
suit at law or in equity and for any expense, damage or inconvenience
wiiich they may incur or suffer by reason of any suit brought against 10
them for infringement of patents or other rights, arising from the pur- 11
chase, lease, or use of such machines or ballot bo.xes. 12
Ballots,
preparation
and fu
1889, 413,
5§ 1, 10.
Section 40.
PUEP.\R.\TION AND FORM OF BALLOTS.
All ballots for use in elections of state officers shall be
hing. prepared and furnished by the state secretary, and all ballots for use in
elections of city or town officers, by the city or town clerk. No such
CUAP. 54.] ELECTIONS. 605
4 ballots shall he printed in any printing establishment owned or man- iMO, 386, § 7.
5 aged by Boston. 5 129.
1897 530 § 21 R. h. 11, 5 19.5. 1913, 835, §§ 257, 503. 265 Mass. 19.
1898,'548,'§ 192. 1907, 560, §§ 229, 456. 164 Mass. 486.
1 Section 41 . Ballots for the use of voters in a voting precinct or town Ballots, namea,
2 shall contain the names of all candidates duly nominated for election pXroTdcalg-
3 therein, and, except as provided in section forty-three, such ballots shall "anludates.
4 contain the name of no other person. IsS; 4?!,'; | J";
5 To the name of each candidate for a state office shall be added the name i^g^-^f «• ^ '•
6 of the city or town where he resides. To the name of each candidate for ism, 269; 270.
7 a city office shall be added the name of the street on which he resides, §^'^'o'g^g
8 with his street number, if any; and to the name of each candidate for §i'93.^^ '
9 alderman at large shall also be added the number of the ward where he \lll[ ll°\
in -J R. L. 11. §196.
10 resides. , 1907, seo,
11 To the name of each candidate for a state or city office, except city f|if "39^ "j 3,
12 offices in cities where political designations are forbidden, shall be added iQ^l^gSssij
1:5 in the same space his party or political designation or designations. 1917! 250, § 2.
14 To the name of a candidate for a state or city office who is an elected !fl57:24.'§4.'
1.5 incumbent thereof and who is one of two or more candidates therefor \% m^^^] 438.
16 bearing the same name, there shall be added in the same space the words Hf H^^l ||^:
17 " Candidate for Re-election ". To the name of each candidate for a town 2^5 Maaa. 19.
18 office upon an official ballot shall be added the designation of the party
19 or principle which he represents, contained in the certificate of nomina-
20 tion or nomination papers. The town clerk shall add the words " Caucus
21 Nominee" to the name of any candidate nominated for a town oflSce by
22 a caucus held under the provisions of sections one hundred and seventeen
23 to one hundred and twenty, inclusive, of chapter fifty-three.
24 If a candidate shall receive the nomination of more than one party or
25 more than one political designation for the same office, he may, within
26 the seventy-two hours next succeeding five o'clock in the afternoon of the
27 last day fixed for the filing of nominations, by a writing delivered to the
28 officer or board required by law to prepare the official ballot, direct in
29 what order the several nominations or political designations shall be
30 added to his name upon the official ballot; and such directions shall be
31 followed by the said officer or board. If, during said time, said candidate
32 shall neglect to so direct, said officer or board shall add said nomina-
33 tions or political designations to the name of said candidate upon the
34 official ballot in such order as said officer or board shall determine.
1 Section 42. The names of candidates for every state, city and town Contents,
2 office, except presidential electors, shall be arranged under the designa- of names, blank
3 tion of the office in alphabetical order according to their surnames, except !888!''35'3°'
4 as city charters otherwise provide in the case of municipal offices; but Jfgo.'sse,' I??'
5 the names of candidates for different terms of service in the same oflSce iggj ViV,
6 shall be arranged in groups according to the length of their respective flgg'^'sis'^^j 2.
7 terms, and the names of candidates nominated by single wards but to be isot, 482.
8 voted for at large shall be arranged in groups by wards. In the case § 194. '
4\ t> • • J 1 I ■ ^ J ■ 1 *( )j R. L. 11, § 197.
9 of representatives in congress, the designation may be congressman . 1907, 429. s 8;
10 Blank spaces shall be left at the end of the list of candidates for each dif- f^g; ^^ ^^^•
11 ferent office, equal to the number to be elected thereto, in which the voter l^'a^j^^sV
12 may insert the name of any person not printed on the ballot for whom he J^J^j^^^^^gg 5i8
13 desires to vote for such office. If the approval of any question is sub- 221 Mass. 223.
606
ELECTIONS.
[Chap. 54.
228 Mass. 262.
229 Mass. 23.
257 Mass. 332.
1 Op. A. G. 3.
4 Op. A. G. 642.
niitted to the voters, it shall be printed on the ballot after the names of 1-i
the candidates. 15
Ballots shall be so printed as to give to each voter an opportunity to 16
designate by a cross (X), in a square at the right of the name and desig- 17
nation of each candidate, and at the right of each question, his choice 18
of candidates and his answer to such question; and upon the ballots 19
may be printed such directions as will aid the voter; for example, " vote 20
for one", "vote for two", "yes", "no", and the like. On the back and 21
outside of each ballot when folded shall be printed the words "Official 22
Ballot for", followed by the designation of the voting precinct or town 23
for which the ballot is prepared, the date of election, and a facsimile of 24
the signature of the officer who has caused the ballot to be prepared.
25
Presidential
electors, ar-
rangement of
names of can-
didates, etc.
1832, 169, § 1.
R. S.6, §15.
G.S.9. 511.
P. S. 9, § II.
1889, 413, § 10.
1890, 423,
§ 172.
1892, 279, § 1.
1893, 417,
§ 131.
1898, 548,
§ 195.
R. L. 11. 5 198.
1907,429. § 12;
560, §§ 232,
4.56.
1913, 835,
H 260, 503.
1925, 36.
Section 4.3. The names of candidates for presidential electors shall 1
be arranged in groups as presented in the se\cral certificates of nomina- 2
tion or nomination papers. The groups shall be arranged in the alpha- 3
betical order of the surnames of the candidates for president, and the 4
names of the candidates in each group shall be printed upon the ballots in 5
two columns of equal width. If candidates arc nominated at large and 6
for the several congressional districts, the name and place of residence of 7
the candidates at large shall be put at the head of the first column, and 8
the names of the other candidates with their places of residence and the 9
numbers of their congressional districts shall follow in the numerical order 10
of the districts. The surnames of the candidates of each political party 11
for the offices of president and vice president, with the political designa- 12
tion thereof at the right of the surnames, shall be placed in one line above 13
the group of candidates of such party for electors. A sufficient square in 14
which each voter may designate by a cross (X) his choice for electors shall 15
be left at the right of each political designation; and no other space or 16
margin shall be left in any such group of candidates. 17
Official ballots,
paper, size,
form, type, etc.
1889,413, § 10.
1890,386, §7;
423, § 81.
1893, 279, § 1.
1893, 417,
§132.
1898, 548,
§196.
R.L. 11, f
1907, 560,
§§ 233, 456.
1913. 835,
§§ 261, 503.
221 Mass. 223,
il99.
Ballots,
number to be
pro\'ided, etc.
Partial ballots.
Const, amend.
30.
(Const. Rev.
art. 34.)
1888, 436, § 12.
1889, 413, ' ' '
1890, 386,
436, §7.
1893, 417,
§133.
1898, 163;
548, § 197.
§12.
§9;
Section 44. The official ballots shall, except as otherwise provided 1
in this chapter, be of ordinary white printing paper, of two or more 2
pages, and shall, before distribution, be so folded as to measure not less 3
than four and one half nor more than five inches in width and not less 4
tiian six nor more than thirteen and one half inches in length. The names 5
of all candidates shall be printed in black ink in lines at a right angle with 6
the length of the ballot. The names of all candidates, other than candi- 7
dates for presidential electors and for president and vice president, and 8
the initial letters of all names of candidates for presidential electors, shall 9
be in capital letters not less than one eighth nor more than one quarter 10
of an inch in height. The surnames and political designations of the 11
candidates for president and vice president shall be in capital letters 12
not less than three sixteenths of an inch in height. 13
Section 45. One set of ballots, not less than sixty for every fifty
registered voters, and for every fraction of fifty thereof, shall be provided
for each polling place at which an election for state, city or town officers
is to be held. The state secretary or the city or town clerk, as tiie case
may be, may provide a duplicate set of ballots for any polling place when
he deems it necessary.
A sufficient number of partial ballots in state elections shall be pre-
])arcd for voters entitled to vote for a part only of the officers to be
voted for in a city or town. A statement shall be printed on the back
Chap. 54.] elections. 607
10 of such ballots, in addition to the official endorsement, indicating the R^ l. ii^^s 200.
11 class of voters for whose use the ballots are furnished, and such ballots §§234.456.
12 only shall be furnished to those voters.
1912, 266. 1913, 835, §§ 262. 503.
1 Section 46. Ballots, in convenient numbers, .shall be arranged in Ballots to be
2 nackages. A record of the number of ballots printed and delivered to packages, etc.
3 each polling place shall be kept by the state secretary, or the city or town issq! 413,' § ii.'
4 clerk, for one year.
1890, 386, § 8. 1898, 548. § 198. 1907, 560, §§ 235, 456.
1893, 417, § 134. R. L. 11, §201. 1913, 833, §§ 263. 503.
1 Section 47. If a vacancy occurs or is declared in the list of nomina- Printing of
2 tions, by reason of death or ineligibility, the name of the candidate nomi- vacane>"occurs.
3 Dated to fill such vacancy shall, if the ballots have not been printed, be ligiilre! ^*'
4 placed on them or, if the ballots have been printed, ballots containing j^i^gg*"'
5 the new nomination shall, when practicable, be substituted.
1898, 548, § 199. R. L. 11, § 202. 1907, 560, §§ 236, 456. 1913, 835, §§ 264. 503.
information to voters.
1 Section 48. The state secretary in state elections, city clerks in city Cards of la-
2 elections, and town clerks in town elections at which official ballots are specim°en
3 used, shall, for every such election, prepare and cause to be printed in cop^c^o^pl-o-
4 large clear type cards containing full instructions to voters for obtaining P°|nji*"'the"
5 ballots, marking them, obtaining assistance and new ballots in place of i^gl'^gg'^ig
6 those accidentally spoiled; and on separate cards such abstracts of the i889;4i3,'§i3;
7 laws imposing penalties upon voters as they shall deem proper. They 18931417!
8 shall also provide for each polling place ten or more specimen ballots i89^8%48,
9 which shall be facsimiles of the ballots provided for voting, but printed r^l''ii.§203.
10 without the endorsements and on colored paper. The state secretary |5°|37^*^°58
11 shall provide copies of any proposed amendment to the constitution, l^'^ig^^^s
12 law or proposed law, submitted to the people, with a heading in large i9i9, 364, §3.
13 type, "Proposed Amendment to the Constitution", "Law Submitted
14 upon Referendum after Passage", "Law Proposed by Initiative Peti-
15 tion", as the case may be.
1 Section 49. The state secretary, at least five days before state elec- Lists of can-
2 tions, shall transmit to the registrars printed lists of the names, residences sta^e^liectiona'
3 and designations of candidates to be voted for at each polling place, minliTo"'^
4 substantially in the form of the official ballot, and also printed copies of p^,|'fed*" '""*
5 any proposed amendment to the constitution, law, or proposed law, to J^^^'^il' |i|-
6 be submitted to the people. Upon the receipt thereof, the registrars shall 1892:124: §2.
7 conspicuously post in not less than three public places in each voting §§ iss-iio.
8 precinct or town the lists and copies aforesaid for such precinct or town. \^wi. * '
R. L. 11, § 204. 1913. 835, §§ 266, 503.
1907, 429, § 9; 560, §§ 238, 456. 1919, 364, § 4.
[Penalty for tearing down, etc., posted list. Chap. 56, § 30.1
1 Section 50. At least four days before a city election, city clerks *^^^[i^''"=''°°'
2 shall cause to be posted in every voting precinct the names, residences 1889,413. §15.
3 and designations of all candidates duly nominated to be voted for in isgs! 417',
4 their respective cities, substantially in the form of the official ballot.
1898, ,548, § 202. 1907, ,560. 55 239. 456.
R. L. 11, §205. 1913, 835, §§ 267, 503.
§139.
608
ELKCTIONS.
[Chap. 54.
Town election,
posting.
1890, 3S6, § 11.
189.3, 417,
§140.
1898, 548,
§203.
R. L. 11, §206.
1907, 560.
§5 240, 456.
Section 51. In towns using official ballots the town clerk, at least
four days before an election therein, shall cause to be posted in one or
more public places the names, residences and designations of all candi-
dates duly nominated to be voted for in the town, substantially in the
form of the official ballot.
1913, 835, 5§ 268, 503.
Lists of can-
didates, etc., at
state and city
elections, to
be published.
1888,436, §15.
1889,413. §15.
1893, 417,
§§ 138, 139.
1898, 548,
§ 204.
R. L. 11, §207.
1907, 560,
§§241,456.
1908, 461.
1913, 835,
§§ 269, 503.
1919, 54.
1920, 559.
Section 52. Before every state election, the state secretary shall 1
cause to be published a list of all candidates to be voted for in each sena- 2
torial district, except that in the county of Suffolk the publication shall 3
be of all candidates to be voted for therein. He shall also publish with 4
said lists the form of any question to be submitted to the voters. Before 5
every city election, city clerks shall cause to be published a list of all (i
candidates to be voted for in their respective cities, and the form of any 7
question to be submitted to the voters at such election. Such lists and 8
questions shall in all cases be in the form, as near as may be, in which 9
they are to appear upon the official ballot, and for state elections shall 10
be printed in at least four newspapers, if there be so many, published in 1 1
English in each senatorial district, or in the county of Suffolk, as the case 12
may be. Such publication shall, so far as is practicable, be in newspapers 13
representing the two leading political parties, and at such reasonable cost 14
as the secretary may determine. For city elections the publication shall 15
be made in at least two newspapers representing the two leading political 1(1
parties, if there are so many in the city, devoted wholly or chiefly to the 1 7
publication of local or general news. 18
Measures
submitted
under initia-
tive and
referendum,
information
to voters.
Lists of
voters to be
furnished, etc.
Const. Rev.
arts. 76-107.
1919, 187,
§§ 1.3.
1926, 196.
Section 53. The election commissioners in Boston at least twenty-
four days, and the registrars of \oters in every other city and town at
least sixty days, before the biennial state election, shall cause to be sent
to the state secretary mailing lists of the voters whose names appear on
the latest revised voting lists of their respective cities and towns, and
shall promptly furnish him with subsequent additions to and corrections
in the said lists. The secretary shall cause to be printed in type of a 7
size not less than ten point and sent to each person whose name appears S
upon the said lists, with copies of the measures to which they refer 9
and brief statements, prepared by the attorney general, of the provisions 10
thereof, arguments for and against measures to be submitted to the 1 1
people under the forty-eighth article of the amendments to the constitu- 12
tion, provided that the arguments are filed with him as provided in the 1.3
following section. 14
Filing of
arguments
with state
secretary.
1919, 187, § 2.
Section 54. The first ten signers of an initiative or referendum 1
petition, or a majority of them, may prepare and file with the state 2
secretary, not later than ten days after the petition is completed and .3
filed with the secretary in case of a law, and not later than ten days after 4
final legislative action and certification to the secretary in case of a 5
constitutional amendment, a written argument containing not more 6
than five hundred words. If such written argument is filed with the 7
secretary he shall cause to be prepared by a registered voter of the com- S
monwealth and filed with him, within such time as he may designate, 9
a contrary written argument of the same maximum length. All argu- 10
ments filed with the secretary under this section shall be open to public 11
inspection. 12
Chap. 54.] elections. 609
1 Section 55. Whenever any law submitted for acceptance to the Notice of
2 voters of a city is to be placed on the ballot at any election, the city mrasurc^o be
3 clerk in every city where such law is to be voted upon, except as herein- fncMlt'"'*'"^
4 after provided, shall send to each of the registered voters in his city en- gjj^'jjfTO^ '■
5 titled to vote thereon a copv thereof, with the statement that such law 503 '
.... lyiy, jui, 5 4.
6 is to be voted on at said election.
1 Section 56. Upon vote of a city council, with the approval of the statement of
2 mayor, there may be substituted for a copy of such law a statement of posed law or
3 the general purport thereof, which statement shall be prepared by the nlay^brsub-
4 city solicitor of the city and approved by the mayor and city council. stuuted.
1913, 408, § 2; 835. §§ 271, 503. 1919, 301, § 4.
1 Section 57. All such copies or statements shall be sent not less than when to
2 se\en and not more than twenty-one days before the election at which i9i¥,"468, § 3;
3 said matter is to be voted upon. I03: ^^ '"'•
1 Section 58. By vote of a city council, with the approval of the Provisions of
2 mayor, the three preceding sections may be suspended and made in- may^e
3 applicable as to a particular law submitted for acceptance. I?^."^"'''^'^'
1913, 408, § 4; 835, §§ 273, 503. 1919, 301, § 4.
DELIVERY OF B.\LLOTS, ETC.
1 Section 59. Ballots for state elections shall be enclosed in a package Baiiots, etc.,
2 by the state secretary, sealed and marked with the number of ballots of trTnsmfssk.n.
3 each kind therein, and specimen ballots, cards of instruction, cards con- Is^fe.^n.'
4 taining abstracts of the laws imposing penalties upon voters, and copies l^^fg*/!'
5 of any measure to be submitted to the people shall be enclosed in another i|92. sie.
6 package, and the whole shall be further enclosed in a single package §§ ui-14'3.
7 with marks on the outside indicating its contents and the polling place § 205.
8 for which it is intended, and transmitted to city and town clerks, so as 1907! sab.
9 to be received at least twelve hours before the date of election. The ilil^lee'^j 1.
10 clerks shall return receipts therefor to the secretary. He shall keep a Ij'lyf^los
11 record of the time when and the manner in which the several packages i9i9, 364, §5.
12 are transmitted, and shall preserve the receipts therefor for one year.
13 The clerk of each city and of each town using official ballots shall en-
14 close the ballots, specimen ballots, cards of instruction and cards con-
15 taining abstracts of the laws imposing penalties upon voters for city or
16 town elections in the same manner.
1 Section 60. The city or town clerk, on the day of every state or Delivery at
2 city election, before the opening of the polls, shall transmit to the elec- cSy^and''^'
3 tion officers of each polling place therein, all things mentioned in the iggs.^e!'??!*.
4 preceding section which have been provided for such polling place; and jfgo til'. § if-
5 the presiding election officer at the polling place shall receipt therefor to j|g^^/,-7
6 the clerk, and such receipt, with a record of the number of ballots trans- §§ i44. i49.
. . 1895 275
7 mitted, shall be kept in the clerk's office for one year. At town elections, isge] 469^ § 8.
8 the to^Ti clerk shall, on the day of the election, before the opening of §§206.211.
9 the polls, deliver the ballots at the polling place to the ballot clerks, f§ 209! 214.
10 who shall receipt therefor, and their receipt shall be preserved in the ieo^'§§|^43^ ^°'
11 office of the clerk for one year. If a moderator presides at such election, ^^e^ ^ee 5 1
12 no such ballots shall be delivered to voters until he has been chosen. i?'.?Ir*3|L
13 The town clerk shall also deliver the specimen ballots, cards of instruc- 1919, 364, § e.
610
ELECTIONS.
[Chap. 54.
tion and cards containing abstracts of the laws imposing penalties upon 14
voters at the same time and place. No ballots or specimen ballots shall 15
be delivered by city or town clerks except as provided herein. 16
[Penalty for obstructing transmissioD of ballots or returns, Chap. 56, S 45.]
Section 61. If the ballots provided for any polling place are not 1
Substitute
ballots.
list' 413 § 19 delivered, or if after delivery they are destroyed or stolen, the city or
lS93!417i
5 145.
1898, 548,
R. L.'ii. 1 210. they have been so prepared and transmitted by him, and that the original
§5 244. 456. ballots have not been delivered or have been so destroyed or stolen, the
§§^2^76%^ ballots so substituted shall be used.
159 Mass. 487.
town clerk shall cause similar ballots to be prepared; and upon receipt
of such new ballots, accompanied by a statement by him on oath that
Biennial state
election, date,
officers to be
chosen.
Const, amend.
19. 36, 64.
(Const. Rev.
arts. 39, 62.)
1832, 169.
1833, 68.
R. S. 6,
§§ 3, 13.
1848, 35.
G. S. 8, §1;
9, §§3,9, 10.
P. S. 8, § 1 :
9, §§ 3, 9, 10;
10, § 1.
CALLING OF ELECTIONS.
Section 62. The biennial state election for the choice of governor, 1
lieutenant governor, councillors, state secretary, state treasurer, attorney 2
general, state auditor and senators and representatives in the general 3
court, shall be held on the Tuesday next after the first Monday in Novem- 4
ber in every even numbered year. There shall also be chosen at the 5
biennial state election, when required by law, presidential electors, and 6
senators in congress, and, in their respective districts or counties, repre- 7
sentatives in congress, district attorneys, clerks of the courts, registers 8
of probate and insolvency, registers of deeds, county commissioners, 9
associate commissioners, sheriffs and countv treasurers. 10
1890, 423, §§ 147, 165,
170, 171. 188.
1893, 417. § 146.
1898, 548, § 208.
R. L. 11, §211.
1907. 560, §§ 245, 456.
1913, 835, §§ 277, 503.
1916, 247.
1919, 269, § 14.
265 Mass. 19.
Calls for
elections in
cities.
1884, 299, § 2,
1890, 423,
§§ 67, 68.
1893. 417,
§ 147.
1898, 548,
§209.
R. L. U,
1907, 560.
§§ 246, 4.56.
1913, 835,
§§ 278, .503.
1919, 269, § 15.
1931, 394,
§216.
163 Mass. 411.
I 212.
Section 63. Elections of state officers and city officers shall be 1
called by the aldermen, afid the city clerk shall, under their direction, 2
cause notice of such elections to be printed in one or more newspapers 3
published in such city and to be conspicuously posted in the office of 4
the city clerk; and in Boston, in at least four daily newspapers pub- 5
lished therein. Such notices shall be in lieu of the notices or warrants 6
for election required in any city by special statutes. Elections of state 7
officers and town officers shall be called in towns as provided in section 8
ten of chapter thirty-nine. The biennial state and the annual or biennial 9
city and town elections shall be called at least seven days before the day 10
prescribed for the holding thereof. 11
[Penalty for defacing or remo\'ing notice. Chap. 56, § 29.]
Notices or
warrants to
specify offices,
etc. Time of
opening and
closing polls.
1874, 376. § 21.
1879, 2.
P. S. 7, §51-3.
1884, 299, § 1.
1890, 386, § 3;
423, §§ 66-68,
148, 165, 171.
1891, 314.
1892, 124, § 1.
1893, 417,
§ 148.
1898,83, § 1;
548, § 210.
1901, 116.
Section 64. Notices or warrants for state and city elections and for 1
the election of town officers in towns where official ballots are used shall 2
specify by name all the offices to be voted for, and state, in the form in 3
which it will appear upon the ballot, any question submitted to the 4
voters. They shall specify the time when the polls will be opened, and in 5
cities and in towns when voting by precincts, when the polls will be closed, 6
and in towns when not voting by precincts, when they may be closed. 7
The polls shall in no case be kept open after eight o'clock in the evening. 8
In cities, the polls may be opened as early as fifteen minutes before six 9
o'clock in the forenoon, and shall be opened as early as ten o'clock in the 10
forenoon and shall be kept open at least six hours. 1 1
Chap. 54.] elections. 611
12 In towns, at the election of state and town officers, the polls may be i^^l. JJjJais.
13 opened as early as fifteen minutes before six o'clock in the forenoon, and limV! mo!
14 shall be opened as early as twelve o'clock, noon, and shall be kept open at wfyimSis.
15 least four hours, and until the time specified in the warrant when they I'fore* m3.
16 may or will be closed ; and in towns not voting by precincts they may be j^jf,; i|^9- ^ ^
17 kept open for such longer time as the meeting shall direct. At annual [sa^. j^i; 468,
IS town meetings they shall be kept open at least one hour for the reception 2 op'. a. G. 649.
19 of votes upon the question of licensing the sale of certain non-intoxicating
20 beverages, as defined in section one of chapter one hundred and thirty-
21 eight. After an announcement has been made by the presiding officer of a
22 time so fi.xed for closing the polls they shall not be closed at an earlier hour.
CONDUCT OF ELECTIONS.
1 Section 65. At an election of state or city officers, and of town Posting in-
2 officers in to^ms where official ballots are used, the presiding election p™tera"^' '^'°'
3 officer at each polling place shall, before the opening of the polls, post at OTcardste-"
4 least three cards of instruction, three cards containing abstracts of the o''p',fj^g „{
5 laws imposing penalties upon voters, three copies of measures to be sub- j^l-g'^jl'^i .g
6 mitted to the people, if any. and at least five specimen ballots within isoa sse! § n'.
7 the polling place outside the guard rail, and the cards of instruction and sir,"'
S a copy of each measure to be submitted to the people in each marking §**f49.^'^'
0 compartment; and no other poster, card, handbill, placard, picture or J896;4B9; §8.
10 circular intended to influence the action of the voter, except a paster to |*|fi ^''*'
11 be placed upon the official ballot, shall be posted, exhibited, circulated fgoj 429^^"
12 or distributed in the polling place, in the building where the polling sii-seo/
13 place is located, on the walls thereof, on the premises on which the build- iois. 835.
14 ing stands, on tlie sidewalk adjoining the premises where such election is ini9*°364!^§ 7.
15 being held, or within one hundred and fifty feet of the entrance to such 22i°Mt"ss' 223.
Ifi polling place. Pasters to be placed on the official ballot shall be subject ^s^ m^ss. 332.
17 to all the restrictions imposed by sections forty-one and forty-four as to 'raHng^down
IS names and residences of candidates and the size of the tvpe in which card of in-
y ^ , struction or
19 the names shall be printed; but no political or other designation shall specimen bai-
1 1 1 1 11 1 1 -e 1 lot. Chap. 56,
20 appear on such pasters, and no vote by paster shall be counted 11 such §30;fordis-
21 designation appears. The presiding election officer shall, at the open- etc .''in"or'm.ar''
22 ing of the polls, publicly open the packages containing the ballots and &Cp.^56!T39'.l
23 deliver them to the ballot clerks. All specimen ballots not posted shall
24 be kept in the custody of the presiding officer until after the closing of
25 the polls.
1 Section 66. The state ballot boxes shall be used for receiving the useand
2 ballots in state and city elections, and in town elections where official st"ate taifot
3 ballots are used. The election officers at each polling place shall, at the istI^'stb', §41.
4 opening of the polls and before any ballots are received, publicly open HH' |*' 5 5-
5 the ballot box, and ascertain by personal examination, and publicly p-S- 7, §§20,
6 show, that the same is empty, and shall immediately thereafter lock or i884^ 299,
7 fasten the box. The clerk of the precinct or town shall make a record of 18S77443, § 1.
S the condition of the box register, and, if a key is used, it shall be retained §§*|,'3.'''''
9 by the police officer or constable at the polling place. The ballot box shall §f si."*!!,' 89,
10 not, after it is shown to be empty, be removed from public view until all 'l^^., ^^.
11 ballots have been removed therefrom and the box has been relocked or 3j2'^',\^5o ^ '•
12 sealed. The ballot box shall not be opened nor any ballot removed isai, 275. § 1.
13 therefrom until the polls are closed, except as provided in section one isgs! 548!
612
ELECTIONS.
[Chap. 54.
R. L. 11. §215.
1907, 560,
§^ 249, 4.56.
1913, 835,
§§ 281, 503.
hundred and five; but in order to make room for ballots, the presiding 14
officer may, in the presence of all the election officers, open the box and 1.5
pack and press down the ballots therein. 16
The presiding officer of each polling place shall have charge of the 17
ballot box and ballot box seal, and shall, at the close of each election, IS
return the same, either personally or by a police officer or constable in 19
attendance at the polling place, to the city or town clerk. 20
If it becomes impossible to use the state ballot box, the voting shall 21
proceed in such manner as the presiding officer shall direct, and in such 22
case the clerk shall record the reason why such ballot box is not used, 23
and shall enclose an attested copy of such record in the envelope with 24
the ballots cast. The provisions as to the use and custody of the state 25
ballot box shall, so far as applicable, apply to the ballot box substituted 26
therefor. 27
Voting lists,
delivery and
use. Party
representation.
1889, 413,
§§ 20, 22.
1890, 386, § 14;
423, § 90.
1893, 417,
§151.
1898,548, §213.
Section 67. One voting list shall be delivered to the ballot clerks 1
and another to the officers in charge of the ballot box. When a ballot 2
is delivered to a voter, his name shall be checked on the first and when 3
he deposits his ballot it shall be checked on the second. The officer in 4
charge of the ballot box and the officer in charge of the voting list shall 5
be of different political parties. 6
R. L. 11, §216.
1907,560, §§ 250, 456.
1913.835, §§282,503.
12 Pick. 485.
103 Mass. 543.
Ill Mass. 256.
Additional
ballot boxes,
use in towns
regulated.
1930, 63.
Section 67A. If the selectmen so vote, more than one state ballot
box may be used at any polling place in any town at state elections and
at town elections if official ballots are used therein. If more than one
ballot box is to be used at any polling place as aforesaid, the voting lists
for use thereat shall each be divided by the selectmen into as many sec-
tions as there are ballot boxes. Upon written request of the selectmen
of a tovm for one or more additional ballot boxes for use as herein pro-
vided, the state secretary shall provide the same at the expense of such
town.
No statement
to be made
before public
declaration of
vote, except,
1874, 376, § 54,
P. S. 7, §53.
1888, 203, § 1.
1890, 423,
§123.
1893, 417,
§152.
1898. 548,
§214.
E. L. 11, §217.
Section 68. No election officer shall, before the public declaration 1
of the vote, make any statement of the number of ballots cast, the 2
number of votes given for any person, the name of any person who has 3
voted or whose name has not been checked, or of any other fact tending 4
to show the state of the polls, except as expressly permitted by section 5
one hundred and five and except that he shall when requested make a 6
statement of the figures on the ballot box register, which statement shall 7
not be considered an official declaration as to the state of the polls or of 8
the number of ballots cast. 9
1907, 560, §§251,456.
1911, 304.
1913, 835, §§ 283.503.
1930, 204, § 1.
(Penalty, Chap. 56, § 18.]
Persons per-
mitted within
guard rail.
1889, 413, § 21.
1893, 417,
§ 1.53.
1898, 548,
§215.
R. L. II, §218.
Section 69. No persons except the election officers, supervisors, the
city or town clerks, and voters admitted for the purpose of voting, shall,
during the progress of an election and until the public declaration of the
\ote, be permitted within the guard rail, unless authorized by the elec-
tion officers for the purpose of keeping order and enforcing the law.
1907, 560, §§ 252, 456. 1913, 835, §§ 284, 503.
ClIAP. 54.] ELECTIONS. 613
1 Section 70. No more than four voters, besides election officers and ^„™^"„°'„e(j
2 supervisors, and the city or town clerk, in excess of the number of mark- ^thin guard
3 ing compartments provided, shall be allowed at one time within the issa, 413,
4 guard rail, and except the election officers and supervisors, no voters ism, 417,
5 shall be admitted therein after the time fixed for closing the polls; but i8;)s!548,
6 voters previously admitted shall be allowed five minutes after the time I'l'h, 5219.
7 so fixed to deposit their ballots.
1907, 560, §§ 253, 456. 1913, 835, §§ 2S5, 503.
1 Section 71. The presiding officer at each polling place shall enforce Prosidinc
2 the performance by election officers of their duties. During an election powers and "^
3 and the counting of the ballots after the close of the polls, he shall have f884T299, § 37.
4 authority to maintain order and to enforce obedience to his lawful com- }||o,'42l,' ^^^'
5 mands, in and about the polling place and to keep the access thereto l^gf-^^^^^
(1 open and unobstructed, and he may require any police officer, constable Igi,^*^ ..„
7 or other person to communicate his orders and directions and assist in § 217.
8 their enforcement.
R. L. 11, §220. 1907, 560, §§254, 456. 1913, 835, §§ 286, 503. 16 Mass. 385.
[Penalty for disobeying election oificer. Chap. 56, § 42.1
1 Section 72. The board or officer in charge of the police force of ^°}'''l°f^^^''
2 each city and town shall detail a sufficient number of police officers or serve order
3 constables for each polling place at every election therein to preserve i89o,'423,'
4 order and to protect the election officers and supervisors from any in- i893,'4i7,
5 terference with their duties and to aid in enforcing the laws relating to i89a'548,
6 elections. ^ "'**•
R. L. 11, § 221. 1907, 560, §§ 255, 456. 1913, 835, §§ 287, 503.
1 Section 73. Any person who, during an election or town meeting. Persons
2 shall, in a polling place or place of such meeting, smoke or have in his or having
3 possession a lighted pipe, cigar or cigarette, or carry into any such place be "emo'^ed. °
4 or keep therein any intoxicating liquor, shall be deemed guilty of dis- r|';'7^^§^64.
5 orderly conduct; and the presiding officer shall order him to remove such Jgg"; I17; 5 Us!
6 pipe, cigar, cigarette or liquor, or to withdraw from such place, and for i^lj^^^**'
7 disobedience of such order shall cause him to be removed from such R. l. u, § 222.
8 polling place or meeting.
1907, 560, §§ 256, 456. 1913, 835, §§ 288, .503.
[Penalty for failure to remove cigar, etc., or withdraw when ordered. Chap. 56, § 41.1
1 Section 74. If a person at an election refuses to obey the lawful °p'^|"nj",*°t^.!
2 commands of the presiding officer or, by disorderly conduct interrupts ^^^°3\p^^
3 or disturbs the proceedings of an election officer, the presiding officer voting.
4 may require any police officer, constable or other person to take him is9o!423!
5 into custody and detain him until after the election; but the presiding il93!'4i7,§i59.
6 officer may at any time order his release. Such order of detention shall r'^l. n*'§^223.'
7 not be so enforced as to prevent such person, if a voter at that polling Y^I^i'^'^^^Q_
8 place, from voting.
1913, 835, §§ 289, 503. 16 Mass. 385.
[Penalty for disorderly conduct. Chap. 56, § 40-1
1 Section 75. Every election officer shall forthwith report every viola- Duties of
2 tion of any provision of sections sixty-two to eighty -fi\e and one hun- faw'^L
3 dred and four to one hundred and thirty-seven, both inclusive, to the i889'4''i3, § 27.
4 police officer or constable in attendance at the polling place, and such l,*^,?,;*^"'
5 police officer or constable shall cause the offender to be prosecuted. i«|fi ''**'
R. L. 11. § 224. 1907, 560, §§ 258, 456. 1913, 835, §§ 290, 503.
614
ELECTIONS.
[Chap. 54.
Voting, giving
name, delivery
of ballot, etc.
1884, 299, § 16.
1888, 436, § 22.
1889, 413, § 22.
1890, 423, § 91.
1893, 417,
§ 161.
1898, 548.
§222.
1899, 323.
MANNER OP VOTING.
Section 76. Each voter desiring to vote at a polling place where 1
official ballots are used shall give his name and, if requested, his residence 2
to one of the ballot clerks, who shall thereupon distinctly announce the 3
same; and if such name is found upon the voting list by the ballot clerk, 4
he shall check and repeat the name and give one ballot to such Aoter, 5
who shall then be admitted within the guard rail. If not entitled to vote G
for all the offices upon the ballot, he shall receive a partial ballot. 7
R. L. 11, § 225. 1907, 560, §§ 259, 456. 1913, 835, §| 291, 503.
Marking
ballot.
1888, 436, § 23.
1889, 413, ' "
1893. 417,
§ 162.
1898, 548,
§224.
E. L. 11, !
1907, 560,
§§ 260, 45S.
1913, 835,
§5 292, 503.
1914, 435, § 1.
177 Mass. 518.
182 Mass. 524.
§23.
i227.
Section 77. The voter on receiving his ballot shall, without leaving 1
the enclosed space, retire alone to one of the marking compartments, 2
and shall, except in the case of voting for presidential electors, prepare 3
his ballot by making a cross (X) in the square at the right of the name 4
of each candidate for whom he intends to vote or by inserting the name 5
and residence of such candidate in the space provided therefor and making 6
a cross in the square at the right; and, upon a question submitted to the 7
vote of the people, by making a cross in the square at the right of the 8
answer which he intends to gi\e. 9
195 Mass. 222.
221 Mass. 223.
229 Mass. 23.
257 Mass. 332.
1 Op. A. G. 3.
Voting for
presidential
electors.
1892, 279,
§2.
1893, 417,
§ 163.
1898, 548,
§225.
R. L. 11, !
1907, 560,
§§ 261, 456.
1913, 835,
§§ 293, .503.
1914, 435, § 2.
1 Op. A. G. 389.
!228.
Section 78. A voter may vote for an entire group of candidates for 1
presidential electors by making a cross (X) in the square at the right of 2
the party or political designation immediately above such group. If a 3
voter does not intend to vote for any one candidate in the group, he 4
may strike out his name, and the cross shall count as a vote for each of 5
the other candidates in such group. If a voter desires to vote for another 6
person in place of a candidate whose name he has struck out, he may in- 7
sert his name and residence in one of the blank spaces and make a cross 8
in the square at the right thereof. A voter who does not mark for any 9
group of candidates may vote for candidates for electors, up to the num- 10
ber to be elected, by inserting names and residences in the blank spaces 11
at the end of the groups of electors and making a cross in the square at 12
the right of each name so inserted. 13
Assistance in
marking ballot.
1888, 436, § 25.
1889, 413, § 25.
1898. 548, § 226.
R. L. 11, §229.
1907, 560,
§§ 262, 456.
1912, 641, §9.
1913, 835,
§§ 294, 503.
Section 79. A voter who declares on oath to the presiding officer
that he had the right to vote on May first, eighteen hundred and fifty-
seven, and cannot read, or that from blindness or other physical disability
he is unable to prepare his ballot or register his vote upon a voting ma-
chine, shall be assisted in such marking or registering by any qualified
voter whom he may designate.
1910, SO.
[Penalty for false statement or oath, Chap. 56, § 31.]
Certain marks
on bullnt
prohibiteil.
1889. 413, § 27.
1892, 368.
1893, 417,
§ 165.
Section SO. Except as authorized by this chapter, no voter, election 1
officer or other per.son shall place on a ballot any mark by which it may 2
be identified; nor siiall any person place a mark against any name upon 3
a ballot not cast bv himself. 4
1898, 548, § 227.
R. L. 11, § 230.
1007, .WO. §§ 263, 4.56.
1913, S35, §§ 295, 503.
IPcnaltics, Chap. 56. §§31, 50.)
221 Mass. 223.
ClI.VP. 54.] ELECTIONS. 615
1 Section SI. If a voter spoils a ballot, he may obtain two others, one voter spoiling
2 at a time, upon returning each spoiled one, and all ballots so returned obtain Srs.
3 shall immediately be marked by an election officer "Spoiled".
1888, 4.-ir, § 24. 1893, 417, 5 lfi6. R. L. 11, § 231. 1907, 560, §§ 264, 4.5B.
1889, 413, § 24. 1898, 548, § 228. 1903, 474, § 9. 1913, 835, §§ 296, 503.
1 Section 82. Before leaving the marking compartment the voter MarkinRand
2 shall fold his ballot, without displaying the marks thereon, as it was Kn|'"'"°*'
3 folded when received by him, and shall keep it so folded until he has fS^s.tS's.
4 \-oted. A voter shall mark and deposit his ballot without undue delay, ffly*'^-
5 shall lea\-e the space enclosed by the guard rail as soon as he has voted, I^H^^**-
6 and shall not remain within the guard rail more than ten minutes. No ii. l.ii § 232.
7 voter shall occupy a voting compartment more than five minutes, if all §§ 260, 4,56.
8 the marking compartments are in use and other voters are waiting to y 297, 563.
9 occupy the same, nor shall he occupy a marking compartment occupied
10 by another, except as provided in section seventy-nine.
[Penalty for allowing marks on ballot to be seen. Chap. 56, § 31.J
1 Section 83. A voter after marking his ballot shall give his name and, g,X'f"j;i",!^„g
2 if requested, his residence, to one of the officers in charge of the ballot box, jj^j'"^;^'''''"'''
3 who shall distinctly announce the same. If the name is found on the ij89!4i3.^^
4 ^•oting list by the election officer, he shall distinctly repeat the name i890,'423.
5 and check it on the voting list; and the voter may then deposit his ballot is93°'4*i7,
6 in the ballot box with the official endorsement uppermost and in sight. fs9|*'548,
7 No ballot without the official endorsement, except as provided in section f^^fj'ji 5233.
8 sixty-one, shall be deposited in the ballot box. No person shall vote if wojs. 474, | w.
9 his name is not on the voting list, nor until the election officer shall wojjsoo!
10 check his name thereon, unless he presents a certfficate from the regis- 1913, saf. '
11 trars of voters as provided by section fifty-nine of chapter fifty-one. i77"Mk"»''M8.
1 Section 84. No person shall remove any ballot from the space en- Ballots not to
2 closed by the guard rail before the polls are closed. No voter whose name iromTnciosed
3 has been checked on the voting list in charge of the ballot clerk, other f 88s!'43ii, § 24.
4 than an election officer or supervisor, shall again enter such enclosed jfa^g/'a'l;
5 space during the election.
1893, 417, U69. R. L. 11. §234. 1913, 835, §§ 299, 503.
189S, 548, § 231. 1907, 560, §§ 267, 456.
[Penalty for removing ballot from within guard rail. Chap. 56, § 51 .J
1 Section 8.5. If in any state, city or town election at which official ^.h°env''o"e*i8
2 ballots are used the right of a person offering to vote is challenged for ^^f.j^loif-
3 any legal cause, the presiding officer shall administer to him the follow- P:§;^^:,,
4 ing oath : i89o?42'3, § 92.
=" 1892. 332, § 1.
1893 417
You do solemnly swear (or affirm) that you are the identical person whom you § i76._
repre.sent yourself to be, that you are registered in tills precinct (or town) and \l^y'^^^'
that you have not voted at this election. 1898, 548,
•' § 232.
R. L. 11, §235.
0 He shall also be required to vrr'ite his name and residence on the out- 55°J38°'!^r;e
6 side of the ballot offered, and the presiding officer shall add thereto the ^i^g^^pf aia.
7 name of the person challenging, and the cause assigned therefor, where- i9i8, 41.
8 upon such ballot shall be received ; and no person shall make any state-
9 ment or give any information in regard thereto, except as required by
10 law. The clerk shall recortl the name and residence of every person who
11 has been challenged and has voted.
IPenaltv for failure to make proper entry on ballot of challenged voter, Chap. 56. § 19: for false
oath by voter. Chap. 56, § 31; for illegal challenging. Chap. 56,-5 38; for illegally giving mfor-
mation relative to challenged votes, Cliap. 56, §§ 20, 53.J
616
ELECTIONS.
[Chap. 54.
Absent voters
may vote,
when.
Const, amend.
45.
(Const. Rev.
art. 35.)
1918. 293, § 1;
295, § 1.
1919, 289,
8§1, 7. 18.
1925, 101, § 1.
Op. A. G.
(1918)58,84.
ABSENT VOTERS.
Section 86. Any voter who on the day of the biennial state election 1
is absent from the city or town where he is registered, and whose appHca- 2
tion for an official absent voting ballot has been filed with the city or .3
town clerk as provided in section eighty-nine, or with the state secretary 4
as provided in section ninety, and certified under section ninety-one, 5
may vote in accordance with sections eighty-seven to one hundred and 6
three, inclusive; provided, that a voter who is in a penal institution 7
under sentence shall not be entitled or permitted to avail himself of 8
the provisions of this and the seventeen following sections. 9
[Penalty for official misconduct under § § 86 to 103, inclusive. Chap. 56, § 27.]
^f ateen't°° Section 87. Prlor to each biennial state election the state secretary 1
°"u^ t*""*"' shall prepare in such quantities as he may deem necessary the following 2
3
4
5
6
7
applications,
etc.
1918, 293,
§5 13, 16.
1919, 289,
§§ 2, 18.
1926, 38.
1929, 93.
papers:
(a) Official absent voting ballots, similar in all respects to the official
ballot to be used at such election, but printed on paper differing in color
from that used for official or specimen ballots.
(b) Blank forms of application for such ballots, worded as follows:
I, , hereby apply for an official absent voting ballot. I am
a legal resident of tlie city or town of and a duly
registered voter at
(Street and Number) (City or Town)
and, as I believe, entitled to vote at the next state election at precinct ,
ward , in the city or town of
(Signature) (Date)
Mail official absent voting ballot to
(Street and Number)
(City or Town)
(State)
(If in the service of the United States, the applicant will fill out the following:)
I am in the mihtary, naval, civil service of the United States, and my rank
or official position is
(Signature) (Date)
We, the undersigned, a majority of the registrars of voters of the
of , hereby certify that the above signature, to the best of our
knowledge and behef, appears to be genuine, and that we believe said
is a duly registered voter in said precinct
city or town of
Registrars of voters of the
ward
of
(c) Envelopes of sufficient size to contain the ballots specified in clause 8
(a), bearing on their reverse the following affidavit: 9
State of ,
County of , ss.
I, , do solemnly swear that I am a registered voter in the city or
town of , Massachusetts, in [jrecinet , ward ,
that there are at least two munici])alities intervening between the municipality
in which I am a re.gistered voter ami the place where I now am; that I iiavc
carefully read the instructions forwarded to mo with the ballot herein enclosed,
and that I h.'ive marked, enclosed and sealed the within ballot as stated hereon
by the person taking my oath.
(Signature)
Chap. 54.] elections. 617
Subscribed and sworn to before me by the above affiant, personally known
to me, this day of , 19 , in the city or town of
, state of , and I hereby certify that when I was alone
with the affiant he showed me the ballot herein enclosed, unmarked, and thwi in
my presence marked the same without my seeing how he marked it, after which
he sealed said ballot in tliis envelope. I had no communication with the affiant
as to how he was to vote.
(Seal, if any) Name
Residence
Official title or mOitaiy or naval rank
10 (d) Envelopes of size sufficient to contain the preceding, addressed
11 to the clerks of the several cities and towns within the commonwealth,
12 upon which shall be printed " Enclosed is the ballot of an absent voter",
13 and at the top thereof blank spaces for the name, address and voting
14 place of the sender with the words "name", "address", "ward" and
15 "precinct" appropriately printed thereon.
16 (e) Copies of sections eighty-six to one hundred and three, inclusive,
17 with such explanatory matter and instructions as the state secretary,
IS with the appro\-al of the attorney general, shall deem appropriate to
19 carry into effect the purposes of said sections.
1 Section 88. The state secretary shall retain for his own use so many DistnbuUon of
2 of the pajDers provided for in the preceding section as he may deem sufB- ballots, etc.
3 cient, and shall supply each city and town clerk in the commonwealth ^^^®' ^*^' ^ ^'
4 with as many of them as he may deem necessary.
1 Section 89. The blank form of application set forth in clause (b) of g^*nlj"ip^ii.
2 of section eighty-seven, and the other papers described in clause (e) of said ^=,^1°°"; ^e^"'''^
3 section, shall, as soon as they can be prepared, be delivered to any person i9i|. 293,
4 who by mail or otherwise applies therefor to the state secretary or to any i9i9'. 289.
5 city or town clerk, except a person known by the state secretary or said 1925, 101, § 2.
6 clerk to be in a penal institution under sentence. The official absent
7 voting ballot and all other papers described in said section shall be mailed
8 by city and town clerks, postage prepaid, to all voters, except those in
9 a penal institution under sentence, who seasonably file with them, either
10 directly or through the state secretary under the following section, the
11 application set forth in said clause (b), after the same is certified by the
12 registrars and returned to the clerk, as provided in section ninety-one.
13 Any voter who has received the blank form of said application under this
14 or the following section may file said application with the city or tovra
15 clerk.
1 Section 90. The state secretary shall obtain as soon as practicable Blanks, etc.,
2 the names, addresses, official rank or title, and the places where they vote'riln mUi-
3 are entitled to vote, of all registered voters in the military or naval serv- service. °a™
4 ice of the United States, or in the ci\il or official service of the United P'',^,t't'°y! '°
5 States or of this commonwealth, who by reason of such ser\ice are absent ll^l'f^^ig 17
6 from the commonwealth. The adjutant general and all city and town i9i9, 289, § 5.
7 officials shall give him all reasonable assistance that he may request for
8 this purpose. To such \oters he shall forward as soon as practicable the
9 papers mentioned in clauses (6) and (e) of section eighty-se\en, with re-
10 turn envelopes addressed to himself. All applications received by him
11 from such voters shall be forwarded to the clerks of the several cities or
12 towns where such voters assert the right to vote.
618
ELECTIONS.
[Chap. 54.
Filing and
certification
applications,
notation on
voting list,
1918. 293,
§§ 2, 5, 7.
1919, 289, §
of
Section 91. When an application for an official absent voting ballot 1
is received by the clerk of a city or town, whether from the voter directly 2
or through the state secretary, it shall be transmitted by him to the 3
registrars, who shall examine it and, if they believe the signature thereon 4
to be genuine and the person executing the signature to be a duly regis- 5
tered voter, shall execute the certificate thereon and return the applica- 6
tion to said clerk. The clerk shall cause to be placed on the voting list, 7
opposite the name of each person registered as an absent voter, the letters 8
in capitals A. V. If the registrars find the person signing the application 9
not to be a duly registered voter, they shall send him written notice to 10
that effect and shall preserve the application during the time fixed by 11
law for the preservation of ballots cast in the coming election, after 12
which time said application shall be destroyed. The clerk shall keep 13
lists of the names and addresses, arranged by voting precincts, of all 14
voters filing applications for absent voting ballots, and shall post copies 15
of the same for public inspection. 16
Section 92. A voter, who has received an official absent voting
Method of
votinK
1918, 293, 1 18. ballot as provided in section eighty-nine, may vote by mailing the same
to the city or town clerk. He shall mark said ballot in the presence of
an official authorized by law to administer oaths, and of no other person,
in a municipality which is separated by at least two municipalities from
the city or town where the voter is registered. Before marking the ballot
he shall exhibit it to said official, who shall satisfy himself that it is un-
marked, but he shall not allow said official to see how he marks it. Said 8
official shall hold no communication with the voter, nor he with said 9
official, as to how he is to vote. Thereafter the voter shall enclose and 10
seal the same in the envelope provided for by clause (c) of section eighty- 11
seven. He shall then execute before said official the affidavit on said 12
envelope as set forth in said clause (c), and shall enclose and seal the 13
envelope with the ballot in the envelope provided for in clause (d) of said 14
section, endorse thereon his name, address and voting place, and mail 15
the same within the time prescribed in the following section, postage 16
prepaid, at a post office in a municipality which is separated by at least 17
two municipalities from the city or town wherein the voter is registered. 18
i^^bano"^''' Section 93. All ballots cast under the preceding section shall be 1
1919' 289' I !*■ ni'iil'^d on or before the day of election. The postmark, if legible, shall 2
be conclusive evidence of the time and place of mailing. 3
bJ'attMhed *° SECTION 94. Upon receipt of an en\-clope purporting to contain an
DeUvT'to official absent voting ballot, the clerk of the city or town shall attach
election officers, thcrcto the application for an official absent voting ballot executed by
.. .-• - .__ ^jjg voter whose name appears thereon and certified by the registrars of
voters. All such envelopes shall be preserved unopened. Upon election
§§20,21,23.
1919, 289, § 9,
Op. A. G.
(1920) 279.
day before the hour for the closing of the polls the said clerk shall deliver
all envelopes received by him to the election officers in the several voting
precincts where the voters named therein assert the right to vote.
Duties of
election officers,
etc.
1919, 289, § 10.
Section 95. Immediately after the closing of the polls, and after the 1
ballots cast have been removed from the ballot box, the warden or his 2
deputy in each polling place shall open all envelopes delixereil to him 3
under the preceding section, and shall compare the signatures on the 4
Chap. 54.] elections. ' 619
5 envelopes therein enclosed with the signatures on the applications at-
6 tached thereto, except in the case of ballots prepared under section
7 ninety-eight, and shall examine the postmarks and affidavits. If the
8 affidavits are properly executed, and if the postmarks and affidavits, or
9 in case the postmarks are illegible, the affidavits, sufficiently di.sclose
10 that the ballots were executed and mailed in accordance with sections
11 eighty-six to one hundred and three, inclusive, and if the signatures on
12 the affidavits appear to be executed by the same persons who signed the
lo applications, and to be the signatures of duly registered voters who have
14 not voted at the election, he shall make public announcement of the
15 names of the absent voters, open the envelopes in such manner as not
ICi to destroy the affidavits thereon, take out the ballots without unfolding
17 them, or permitting them to be opened or examined, and, after checking
IS the names of the absent voters on the voting li,st, shall deposit the ballots
IS) in the ballot box. If he finds an envelope to bear an affidavit improperly
20 executed, or not signed by the person who signed the accompanying
21 application, or if the voter whose name appears thereon is not a regis-
22 tered voter or has voted in person, he shall not open the envelope, but
23 shall mark across the face thereof "Rejected as defective", "Rejected
24 as not a voter", "Voted in person", as the case may be. All envelopes,
25 opened or unopened, shall be retained with the ballots cast at the elec-
20 tion, and preserved and destroyed in the manner pro\'ided by law for
27 the retention, preservation or destruction of official ballots. The tally
28 sheets in use at elections shall provide in convenient form for the re-
29 cording thereon of all envelopes, as well as all accepted or rejected ballots
30 of absent voters.
1 Section 96. All ballots received by mail shall be subject to challenge challenges.
2 when and as cast for non-compliance with any pro\ision of sections ^^'®' ^*®' ^ ^^'
3 eighty-six to one hundred and three, inclusive, or for any other reason
4 allowed by law, and if challenged shall be disposed of in accordance with
5 section eighty-five, except that so much of said section as involves the
6 administering of an oath shall not apply thereto, and the writing of the
7 name and address of the voter on the ballot shall be performed by the
8 officer charged with depositing the ballot in the ballot box.
1 Section 97. No ballot transmitted under any provision of sections immaterial
2 eighty-six to one hundred and three, inclusi\e, shall be rejected for any not to'caul?
3 immaterial addition, omission or irregularity in the preparation or execu- ig'fgfosg, § 12.
4 tion of any writing or affidavit required by said sections.
1 Section 98. An absent ^•ote^ unable to mark his ballot may have Proceedings
2 it marked for him by the clerk of a court of record, who shall add in vot™ cannot
3 writing to the jurat a statement of the fact that the voter is unable to Tm ig,"!' 13.
4 write, stating the reason therefor, and shall sign the voter's name on
5 both envelopes.
1 Section 99. All envelopes received by clerks of cities and towns Disposition
2 after the hour fixed for the closing of the polls on the day of election shall ?eiv?d°a'te."
3 be retained by them unopened until the time set by law for the destruc- }|j}|; '§1] | f|;
4 tion of ballots cast at the state election, at which time the envelopes Op.,^, °g
5 shall likewise be destroyed, unopened and unexamined.
620 ELECTIONS. [Chap. M.
person ifter SECTION 100. Scctlons cighty-six to One hundred and three, inclusive, 1
""l"'"^ n''f "'' shall not prevent a voter who has mailed a ballot under them from 2
voter ballot. . . ^ -nt i ii m i i • i •
Certain ballots votmg m persou. JNo ballot mailed under said sections shall be counted '.i
counted. if the officers charged with the duty of counting the same are cognizant 4
§§^s*-ia^' of the fact that the voter has died prior to the opening of the polls on the 5
i925i loi! 1 1^' ^^y of the election, or is under sentence in a penal institution. 6
mmtTy"or°^ SECTION 101. Any soldier, sailor or marine, without the United 1
h?ii?lio?i^Srat States, voting as permitted by sections eighty-six to one hundred and 2
1919, 2S9, § 16. three, inclusive, may substitute for the required jurat and transmit with 3
the sealed ballot, a written statement in such form as the state secretary 4
shall prescribe, setting forth the facts required, made by any one of his 5
superior officers of a rank in the army higher than first lieutenant, and 6
in the navy higher than lieutenant of the second grade. 7
ind iMtru" Section 102. The state secretary shall prepare for the use of election 1
tions relative to officcrs, citv and towu clerks and registrars of voters such printed infor- 2
absent voting. . ■ . . , . ^ ^
1919, 289, § 17. mation and instructions, subject to approval by the attorney general, 3
as he may deem proper to facilitate the operation of sections eighty-six 4
to one hundred and three, inclusive. Such printed matter shall be trans- 5
mitted to said officials prior to each state election. The state secretary 6
may prepare and distribute, subject to like approval, such general in- 7
formation relative to said sections as he may deem expedient. 8
coins'reiStive Section 103. The supreme judicial and superior courts shall ha\e 1
toting'^'" jurisdiction in equity to require the certification of any application for 2
i9i9'^9'\^"9 ^^ absent voting ballot which the registrars have unreasonably refused 3
to certify, to order the counting of any ballot improperly rejected, or 4
to enjoin the counting of any ballot which cannot reasonably be identi- 5
fied as the ballot of a person lawfully entitled to vote as provided in 6
sections eighty-six to one hundred and two, inclusive, or which was not 7
cast in accordance therewith; provided, that no proceeding hereunder 8
shall be begun later than the date fixed by law for the final canvass of 9
votes cast for candidates for state offices. 10
counting of votes.
fnd apiaratus Section 104. Thc blank forms and apparatus provided by the state 1
to bf "^cd, etc. secretary shall be used in ascertaining the result of the election or vote 2
lo91i 32o, . |.... , ..,. ... n
§§ 1. 2, in state elections in cities and towns, in city elections, in elections or town 3
§ 171. ' officers in towns where official ballots are used, and also in taking the 4
1898^548, ^,^^p upon any proposed amendment to the constitution, upon any law 5
1907, 560,^ ^^^' o'' proposed law submitted to the voters by referendum or initiative (i
II -69; ^ss. petition, upon the question of granting licenses for the sale of certain non-
1913. 835,
/
§§301 503 intoxicating beverages, as defined in section one of chapter one hundred 8
253 Mass! 400. and thirty-eight, and upon any other question submitted by statute to 9
the voters of any senatorial or representative district, or of any city or 10
town in which official ballots are used. If it is impossible to use such 1 1
blank forms or apparatus, the canvass of the votes shall be made as the 12
presiding officer shall direct; and the clerk shall record the facts relating 13
to the failure to use such blank forms or apparatus, and shall enclose an 14
attested copy of such record in the envelope with the ballots cast. 15
ProceedinEs at SECTION 10.5. If the State ballot box is uscd, the clerk shall, as soon as 1
close ol polls. J I 1 1 11 1 • ri-^1 1 • /i^
Counting votes, thc polls are Closed, record the ballot box register, ihe election omcers 2
Cll.\P. 54.] ELECTIONS. 621
.3 shall then, publicly and in the presence of the other election officers, Announcing
4 count audibly and distinctly the number of names checked on each list r"irt':™'^'^'°*
,') and announce the same. The ballot box shall then be opened by the Swnsdurlng
t) [)residino; officer and the ballots taken therefrom and audibly counted, ™^^- j^,
7 one by one, and the wliole number of ballots cast shall be publicly an- S fJ'H
5 nounced by him. The ballots may be divided into convenient packages, issV, 299,
■' , . ..,■.,.. , , , , '^ , 1S90. 42.-!.
15.
26.
., ■ ^ ^^■
9 and, e.xcept as otherwise provided in this chapter, each block or package isoi! 32s,' § 4. '
10 shall be canvassed and counted by two election officers representing the isoaiuiV; i
1 1 two leading political parties, detailed by the presiding officer. Each fsM.^246.^ '^^'
1 2 election officer, in so canvassing and counting votes, shall be under the |*,'.J*^ ^^^'
1:5 inspection of an election officer of a diti'ercnt political party. The result i«'.w. 209
14 of the canvass and count shall be reported to the presiding officer, who Koa'.iu, § lo!
15 shall cause it to be correctly recorded on the blank forms provided there- §§ 270. 456.
1(3 for. At state elections in towns not divided into voting precincts, the §§'.3^62*^5m.
17 canvass and count of votes shall be made by the selectmen and town J^j-ji^; |jj^; 1 1
18 clerk, who may be assisted by the tellers. 200 Mass. sis.
19 The clerk in open meeting shall publicly announce the result of the Announce-
20 vote and enter in his records, in words at length, the total number of Ssuit,°etc._
21 names of voters checked on the voting lists, the total number of ballots [Penalty for
22 cast, the names of all persons voted for, the number of votes for each per- '^uh'"ans?
23 son and the title of the office for which he was a candidate, the number of "J^urns."*
24 blank ballots for each office, and the number of affirmative and negative ctap. 56, § 45.1
25 votes in answer to any question submitted to the voters, and shall forth-
26 with make a copy of such record, certify and seal up the same, and deliver
27 it to the city or town clerk, who shall forthwith enter it in his records.
28 The voting lists and all ballots removed from the ballot box shall be Ballots, pro-
29 kept in open view of the voters present until enclosed and sealed up, and to"'e"k?pt'in"
30 all proceedings in the canvass and counting of votes shall be public and open view, etc.
31 in open view of the voters, and there shall be no adjournment or postpone-
32 ment until the canvass and counting have been completed, and the vot-
33 ing lists and ballots have been enclosed and sealed up.
34 In towns, the ballot box at any polling place may be opened and ballots Removal of
35 taken therefrom for counting when all the selectmen and the town clerk, baibt\ox™
36 or, where the moderator is in charge of the election, the moderator and ha3°ceased,°^
37 the town clerk, or all the election officers at the voting precinct shall so i884.''m8 "^^20
38 order. When the ballots have been thus removed the presiding officer Jgg?' 141:4,7
39 shall select from the election officers an equal number from each of the §§ iso, 172,
40 two leading political parties, who shall can\ass such ballots, in accord- 1894, 275.
41 ance with this section; but no announcement of the result of such can- r.^l. ni §2.37.
42 vass shall be made by any election officer until the total result of the \lm'. tm, ^ ^°'
43 canvass of ballots has been ascertained. §§270,456.
1913, 835, §§302, 503.
44 Notwithstanding the foregoing provisions of this section, the clerks of pi^Hc an-
^ t I • T • 1 1 • • • (• nounrement of
45 precincts or the town clerk in a town not divided into precmcts may, if result
46 authorized in writing by the election commissioners or election commis-
47 sion in a city having such a body, by the city clerk in any other city or by
48 the town clerk in a town, publicly announce the number of votes cast for
49 each candidate for each office as soon as the count of ballots for that office
50 has been completed, and the number of affirmative or negative votes cast
51 upon any question submitted to the voters, as soon as the count of ballots
52 upon such question has been completed.
1 Section 106. If the use of a state ballot box is required, no ballot Certain baUots
2 shall be counted unless it has been deposited in and cancelled by such counted, etc.
622 ELECTIONS. [Chap. 54.
1889; 413! 1 26: ballot box, or has been otherwise deposited in accordance with section 3
}^?2' ^To' ^ ^*- sixtv-six. Only official ballots shall be counted in any election for which 4
189o, o4o, " -'i 1 T ■ 1 1 ' I r
§ 235. they are provided, li a voter marks more names than there are persons r>
i907i 560, ' to be elected to an office, or if his choice cannot be determined, his ballot 6
ilil! S35^''' shall not be counted for such office. Ballots cast but not counted shall be 7
mMks^^sis marked "defective" on the outside thereof, and shall be preserved like 8
182 Mass. 524. other ballots. 9
195 Mass. 222. 213 Mass. 153. 229 Mass. 23.
andnrtcalt SECTION 107. The presiding; officcr at cvcry polling place at clcctions 1
and voting ' pf state and city officers and of town officers in towns where official bal- 2
sealed up, etc. lots are used shall, after the record of the counting has been made, cause 3
§§ 41, 43.' all ballots cast to be publicly enclosed in an envelope and sealed up with 4
R^s: 7! §§ 28, the seal provided therefor, and also with the private seal of any election 5
1884, 299, officer who may desire to affix the same ; and a majority of the election 6
1889" «3 officers of the voting precinct or town shall endorse upon such envelope 7
§§24, 26." the polling place, the election and the date, and also a certificate that all 8
§1 14, 16;' 423, the ballots cast by the voters of such precinct or town, and none other, are 9
i893,'4i7, contained therein. He shall cause all ballots not cast to be enclosed in 10
i898!'548, an envelope and sealed up as aforesaid, and shall certify on the envelope 11
R^L^u. §239. the contents thereof. Such presiding officer shall cause the voting lists 12
IT'^ri'^ha to ^^ enclosed in an envelope and sealed up as aforesaid, and a majority 13
1913. 835,' of the election officers shall certify thereon to the identity of the voting 14
192 Mass. 409. Hsts cncloscd. He shall forthwith personally deliver to the city or town 15
clerk or transmit to him, by the police officer or constable in attendance 16
at the election, all the ballots cast, and not cast, the voting lists, the bal- 17
lot box, ballot box seals and counting apparatus. 18
(Penalty, Chap. 56, § 22; for interference with transmission of ballots. Chap. 56, § 45; for false en-
dorsement, delay in delivery, etc., of ballot, Chap. 56, § 49.]
Copies of Section 108. Upon written application, signed bv at least ten voters 1
voting hsts as . , , ,. 1 • i , i ■ I e j. -^
checked, how ]n thc town or Ward 01 which the precinct forms a part, or upon writ-
i^8T29y, § 24. ten request signed by the chairman of any ward, town or city committee, 3
1893! 417,' ^ ^*' the city or town clerk may open the envelope containing such voting 4
i897*'530, § 3. list and may make a copy of the list as checked. After any such voting 5
1898,548, jjg^ j^j^g jjpgjj go copied, said clerk shall at once enclose the list in an en- G
1907 560^ ^*°' velope and seal up the same and certify thereon to the identity of such 7
§§273,456. lists. • !^
1913, 835, §§ 305, 503. 1920, 493, § 2.
Ballots and Section 109. City and town clerks shall retain in their custody the 1
disp'osition, ' envelopc containing the ballots cast, without examining them or per- 2
1876, 188, § 1. mitting them to be examined by any person exce])t as required by law, 3
1881,74^^''' and upon the expiration of the period fixed for their preservation shall 4
1889] 413! ^ ^"^ cause such ballots to be destroyed. 5
isgo^'ssG ^ity ^""i *°"'" clerks shall retain in their custody the voting lists and 6
§§ 14, 16;' 423, liallots not cast as long as they retain the ballots cast. They shall then 7
1893,417, ' transmit such voting hsts to the registrars of voters, and shall destroy 8
1898!548. the ballots marked "Spoiled", without examining them or permitting 9
R 1*11, §241. them to be examined, and may make such disposition of the undis- 10
1907; 560,' ^ '*' tributed ballots as they may deem proper. Such voting lists shall be 11
§g§j|7-|.g|56. preserved by the registrars of voters for reference for fi\-e years after 12
§§306,563. the ex-piration of which they may be destroyed. 13
1928, 89, § 2. 145 Mass. 2.';7. 157 Mass. 406. 182 Mass. 433.
[Penalty, Chap. 56, § 23.)
1
Chap. 54.] elections. 623
RECORDS AND CERTIFICATES OF ELECTION.
Copies of Records prepared in Cities and Towns.
1 Section 110. No record of votes cast or copy thereof shall be rejected Sf™iect"°d *°
2 if the number of votes gi\-en for each candidate for an office can be ^t^^^Z'^^%^
3 ascertained therefrom. ascertained.
1852, 209, §1. 1890, 423, §§102, 151. R. L. 11, § 242.
G S 7 U6 1893,417.8177. 1907, .WO, §§ 275, 456.
1874^ 376. § 27. 1898, 548, § 239. 1913, 835, §§ 307, 503.
P. S. 7, § 37; 8, § 10.
1 Section 111. In state and city elections, the aldermen and city Examination
2 clerk, and in state elections the selectmen and town clerk of towns ?ecord™cor-
3 di\ided into %otin<j precincts, shall forthwith after such election exam- isw^m"? i.
4 ine the copies of the records of the election officers, and if any error p.f.-r.'liy;
5 appears therein, they shall forthwith give notice thereof to the officers }gg2;llo,Vi^'
6 by whom the error was made, who shall forthwith make an additional i*^''^^^ *!''•
7 record under oath in conformity with the facts and deliver a copy thereof isgs. 548,
8 to the city or town clerk. Such copy of the records made, with or with- r.^l. lu §243.
9 out notice as aforesaid, shall be received by the city or town clerk at §'§ 276, 456.
10 any time before the last day fixed for the transmission of copies of records \\"d8, 563.
1 1 of the votes cast in the city or town, or on which the results of the elec-
12 tion are required to be declared.
13 The aldermen and city clerk, and the selectmen and town clerk, shall
14 examine all original and all additional copies of the records and make
1.5 them part of the records of such election, and shall certify and attest
1(3 copies of the records of \otes for the several candidates.
1 Section 112. The clerk of each city and town, within ten days, and ^™^|tffe'r
2 in Boston the election commissioners, within fifteen days, after the day ;;f^;;y;^f;;f'
3 of any election therein for a senator in congress, representative in con- ^^^^°J^^ °^
4 gress, governor, lieutenant governor, councillor, state secretary, state r. s-^w, §§ 17,
5 treasurer, state auditor, attorney general, clerk of courts, register of pro- isso, 299, §'2.
C bate and insolvency, sheriff, district attorney, or senator, or for presi- \lti'. 92. § 2.
7 dential electors, shall transmit to the state secretary copies of the records }||?; Jyf;
8 of votes for such officers, together with the records of votes cast on any flg^g' I'gf"-
9 constitutional amendment, law or proposed law, and on any question §,§ 4,' 1^2.'^ ^^
10 submitted to them by statute in any senatorial or representative dis- issV.e's ^^'
11 trict or in two or more cities or towns. Said record shall be certified by 9.' §'4.'^
12 the aldermen, selectmen or election commissioners, and attested and §§ i68,''i66.
13 sealed by the clerk or by said commissioners. The city or town clerk fng*^^'
14 shall, within ten days after an election for county treasurer or register }|^|;|??; |?:
15 of deeds, transmit to the county commissioners, and within ten days ^^\\^*^J244.
16 after an election for county commissioners or associate commissioners, lyoj,' 560
17 transmit to the clerk of the courts the records of votes for such officers, 1913, 835. '
18 certified, attested and sealed as aforesaid; except that in Chelsea, Re- i|i7°%9, §1.
19 vere and Winthrop the records of votes for register of deeds shall be Jj G'ray,'83.^'
20 transmitted to the election commissioners of Boston, and that in Revere [Penalty for^^^
21 and Winthrop the records of votes for county commissioners and as.so- and transmit
22 ciate commissioners shall be transmitted to the clerk of the courts for chap'*°o6'!T24;
23 Middlesex county. Such copies shall be transmitted in envelopes, upon 't^fi/atfof/e'.
24 which shall be stated the offices for, questions on which and districts in IJ-^JJ^?^^ ^^ap.
25 which the votes were cast. ^^' ^ ^^l
624
ELECTIONS.
[Chap. 54.
Proceedings
when copy is
received
unsealed.
1852. 209, § 2.
G.S. 7. §19.
P. S. 7, I 42.
1890,423, §111.
1893,417, §180.
1898, 548, §242.
R. L. 11, § 245.
1907, 560,
§§ 278, 456.
Section 113. If any such copy transmitted to the state secretary is 1
not sealed as required by law, he shall forthwith give notice thereof to 2
the officers who transmitted the same ; and thereupon another copy shall 3
be made, attested, certified, sealed and transmitted to the secretary. If 4
the second copy is received by him before determination of the persons 5
appearing to be elected and the original appears to be in substantial con- 6
formity therewith, the original copy shall not be rejected. 7
1913, 835, §§ 310, 503.
^Tcdptto" Section 114. The state secretary shall cause the date of the receipt 1
issT^'ms § 2 of ^3^ch copy of the records of votes to be endorsed on the envelope con- 2
pI'I'III' taining it; and if received unsealed, a memorandum thereof shall be 3
1890,423, §113. made on the copy.
1893, 417, § 181.
1898, 548, § 243.
R. L. 11, § 246.
1907, 560, §§ 279, 456.
1913, 835, §§311, 503.
State elections
and state-
wide recounts,
examination
cf copies of
records and
determination
of results.
Const, pt. 2,
c. 1, § 2, art. 3.
Const, amend.
16, 17, 19.
(Const. Rev.
arts. 47, 62,
134, 138.)
R. S. 5,
§ 22; 6, § 5.
1856, 173,
§§4, 10.
G. S. 7. § 22.
P. S. 7, § 45.
1882, 28, § 3.
1S90, 423.
§§ 114. 115.
1893, 417, § 182.
Examination and Certification by Governor and Council, etc.
Section 115. The state secretary shall lay before the governor and 1
council the copies of the records of votes cast, with their seals unbroken. 2
The governor with at least five councillors shall, as soon as may be, open 3
and examine all such copies. They shall tabulate said votes and deter- 4
mine who appear to be elected to the several offices, and what appears to 5
be the result of the votes on any question or questions, and shall forthwith 6
transmit to the state secretary an abstract of such tabulation and deter- 7
mination. The state secretary, upon application, shall furnish to news- 8
papers copies of such abstract. In case of a state-wide recount under sec- 9
tion one hundred and thirty-five, the state secretary shall in like manner 10
lay before the governor and council the copies of the amended records 11
received by him under said section, and the governor with at least five 12
councillors shall, if necessary, revise the aforesaid tabulation and deter- 13
mination accordingly. 14
1898, 54.S, § 244.
R. L. 11. § 247.
1907, 560, §§ 280, 456.
1913, 835, §§ 312, 503.
1917, 109, § 2.
1925, 118. § 2.
136 Mass. 583.
Certification of
results, issue of
summonses
and certificates
of election.
Const, amend.
16. 17.
(Const. Rev.
arts. 134, 138.)
1857, 295, §3.
G. S. 7, § 23.
P. S. 7, § 46.
1890, 423,
§§ 114, 116.
1893,417. §1.S3.
1S9S, 548. § 245.
R. L. 11. § 248.
1907. 560.
§§281.456.
1908, 597, § 1.
1913, 835.
§§313. .503.
1925, 118, §3.
Section 116. The governor shall, in the presence of at least five 1
councillors, certify to the results of the examination of the copies of the 2
records of the votes for governor and lieutenant governor, for councillors, 3
for state secretary, state treasurer, state auditor and attorney general, 4
and for senators, and shall issue his summons to such persons as appear to 5
be chosen to said offices. The governor shall issue certificates of election 6
to such persons as appear to be chosen to the offices of senator in congress, 7
representative in congress, clerk of the courts, register of probate and 8
insolvency, sheriff and district attorney, which shall be countersigned and 9
transmitted by the state secretary. No certification shall be made or 10
summons or certificate issued under this section until after five o'clock 11
in the afternoon of the fifteenth day following a state election or, in case 12
a state-wide recount is held in accordance with section one hundred and 13
thirty-five, until the tabulation and determination under the preceding 14
section have been revised in accordance with the results of such recount. 15
Scretary°'iay- SECTION 117. After such Certification, such copies shall be replaced 1
legis'iat^e, in their respective envelopes and deli\'ered with the certificate of exaini- 2
^'"'^- nation to the state secretary, who shall on the first Wednesday in Janu- 3
Chap. 54.] elections. 625
4 ary lay tlie same, with schedules showing the number of ballots cast for Const, amend.
5 each person voted for, before the senate and house of representatives. (Const. Rev.
6 Except for the above purposes, all such copies, both original and cor- i857!^295. § 4.
7 rected, transmitted to the state secretary, shall remain on file in his q*^!; IJ'j 24.
8 office and be there open to the inspection of any interested person.
p. S. 7, § 47. 1890, 42,'?, §§ 115, 117. 1898, 54.8. § 246. 1907, 560, §§ 282, 456.
1882,28,13. 1893, 417, § 184. R. L. 11, § 249. 1913, 835, §§ 314, 503.
1 Section 118. The copies of the records of votes for presidential ^^°Ss°exim-
2 electors shall, in any event, within ten days after they have been trans- inationof
3 mitted to the state secretary, be opened and examined by the governor vote,s.'procia-
4 and council, who shall thereafter declare, by proclamation, the names of certificate.
5 the persons who have received at least one fifth of the entire number of g*^s.' gj^'j if;
6 votes cast for electors, and the number of votes received by each such fssl, asi^fi.
7 person. The several persons, to the number of electors required to be l^fyj*^^-
8 chosen, who have received the highest number of votes so ascertained, Ifgl'lJI'lJ!?'
9 unless notice of a contest has been received by the governor, shall, at the R. l! ii,'§ 250.'
10 expiration of fourteen days from the date of such proclamation, be deemed §5 283, 456.
11 to be elected; and the governor shall thereupon issue a certificate of §§^315*^563.
12 election to every such person.
1926, 144.
Contested Elections of Presidential Electors.
1 Section 119. Any person who appears, by the proclamation of the Petition in
2 governor, to have received not less than one fifth of the entire number dSration of
3 of votes cast for electors, may, if the election is contested, apply by pe- i888!°382';'°'
4 tition to the supreme judicial court for Suffolk county, for a declaration |^9o"®423
5 of his election as an elector. Such petition shall set forth the name of fL'j^r.'i"-
6 everv person whose election is contested and the ground for the contest, §§ ise, i87.
7 shall be filed within seven days after the date of such proclamation and r. l'. 11, '§251'.
8 shall not thereafter be amended. Before any proceedings thereon, the §§"284^^456.
9 petitioner shall recognize to the commonwealth, in such sum and with §§'316*^563.
10 such sureties as the court shall order, to pay all costs incurred in the
11 prosecution of his petition if he shall not prevail. If the petitioner pre-
12 vails, the cost shall be paid by the commonwealth. The court shall fix
13 a day for a hearing by the full court, which shall be not less than three
14 nor more than seven days after the date of the filing of the petition, and
15 shall order notice of the hearing to be given, with a statement of the
16 substance of the petition in such manner as it may direct, to the gov-
17 ernor and to every person whose election is contested. The court shall
18 also order such notice to be published in at least one newspaper desig-
19 nated by it in each county.
1 Section 120. The petitioner and the contestant may appear and comptufon
2 produce evidence at the hearing, and no person other than the petitioner and immunity
3 or a contestant shall be made a party to the proceedings on such petition, 1888, 382,'
4 or be heard thereon. If more than one petition is pending, or the elec- is90, 423,
5 tion of more than one person is contested, the court may order the cases i893^4i'7,*'
6 to be heard together and shall apportion the costs between them, and Ugs^Ms!*'
7 shall finally determine all questions of law and fact. No person shall be I^^l^u 5252
8 excused from testifying or producing papers or documents therein on j^^Ji-^^P^g
9 the ground that his testimony or the production of the papers or docu- 1913. 835,
10 ments will tend to criminate him; but no person so testifying shall be
11 liable to any suit or prosecution, civil or criminal, for any matter or
626 ELECTIONS. [Ch.\p. 54.
cause in respect to which he shall be so examined or to which his testi- 12
mony shall relate, except to a prosecution for perjury committed in 13
such testimony. The court shall forthwith certify its decision to the 1-4
governor, who shall thereupon issue certificates of election in accordance 15
therewith. If the petitioner does not prosecute his petition it shall be 16
dismissed and notice thereof given to the governor, who shall issue 17
certificates of election to the persons entitled thereto. 18
Examination and Certification of Records of Votes for Certain County
Officers.
Ss^Tone?""' Section 121. The county commissioners to whom the copies of the 1
returns of"™'"" ''^cords of votes for county treasurer and register of deeds have been 2
votes. Notice transmitted shall, on the first Wednesday of the month following the 3
to state sec- , . . i • i • i ,
retary. clcction, cxamuie such copies, determme what persons appear to be 4
iss's, 92! § 3. ' elected, issue certificates of election to them and gi\-e notice to the state 5
a^s.'7,^§'27.'^' secretary of the name, residence, and number of votes received by each 6
p*l'.'7,^§'5o.^' candidate in each city and town, with the name and term of office of 7
ism'III'uIi' every person elected. 8
1I98 sis' i 'so' ^" Suffolk county, the election commissioners of Boston shall, within 9
R. l'. ii,'§ 253.' ten days after the election of register of deeds, in like manner examine 10
§§ 286, 456. the copies of the records of votes, determine who appears to be elected, 11
iriis^^loa. issue a certificate and give notice as above provided. 12
1914, 393, § 1. 2 Gray, 370.
Board of ex-
aminers to
Section 122. In each county, except Suffolk and Nantucket, the 1
certainTOun- i^^^S^ ^^id Tcgistcr of the probatc court and the clerk of the courts shall 2
ties. Notice to be a board of examiners; and if two of said offices are held by the same 3
etc. ' person in any county, the sheriff' shall be a member of the board. The 4
R. s.' 14, '§§ 17, members of said board shall each be paid at the rate of three dollars a 5
i85l,*3.*°' day for every day employed in the performance of their duties and ten 6
?7,^§ 49.^ ^^' cents a mile for travel to and from the place of their meeting; and their 7
^l/'sl**'^^' accounts shall be audited and settled by the county treasurer. Said 8
if^,'','!''^,*^^ board shall meet on the first Wednesdav of the month following an 9
So ily 120. • . * . .
1893.417, §192. clcction for county commissioners or associate commissioners and shall 10
R. 1,'. 11, '§254.' examine such copies, determine what persons appear to be elected, issue 11
§§°287^ «6. certificates of election to them and give notice to the state secretary of 12
§§'319^^503. 'the name, residence and number of votes recei\'ed by each candidate in 13
20 pick^^484^' e^*^'^ ^^^y ^""^ town, with the name and term of office of every person so 14
13 Gray, 83 elected, and shall, within three days thereafter deposit said copies in the 15
orhce oi the clerk oi the courts. lO
Correction of Records.
h^c'Jfmpie'te^''^ SECTION 123. If it shall appear to the governor and council, to the 1
retu'rnsTo boai'd of cxamiucrs, to the election commissioners or to the county com- 2
'» made, etc. missioucrs, that any copy of a record of votes examined by them is in- 3
1884! 299, § 35. coiiiplcte or erroneous, they may order a new copy of the records to be 4
1890! 423, '§"22. made and transmitted to them. Such new copj' shall be transmitted by 5
1898! 548! §252! the city or town clerk within seven days thereafter, and if found to be 6
Hio7 560^ ^^^' correct and in conformity to the requirements of law, shall have the same 7
4288^3«6. force as a first copy. S
§"§ 320, 503. 153 Mass. 108.
Chap. 54.] elections. 627
Examination and Certification of Records of Votes for Representative.
1 Section 124.' If a district for the election of representatives in the Representative
. If. J £ aistnct com-
2 general court is composed oi one city or town, or one or more wards or a posed of one
3 city, the aldermen or selectmen shall forthwith examine the records of ela.exaS-
4 the votes and determine who appear to be elected. The city or town S.^aXfiss.
5 clerk shall record the names of all persons for whom votes for repre- {Igl; |^^; I all;
6 sentative were cast, and the number of votes for each.
R. L. 11. § 2.56. 1907, 560, §§ 2S9, 456. 1913, 835, §§ 321, 503.
1 Section 12.5. In other representative districts, the election officers in other dis-
2 in every voting precinct, and the selectmen and town clerk of each town me'et'and
3 therein not divided into voting precincts, shall, as soon as the vote for eiecTion°etc.
4 representatives has been recorded, cause a complete copy of such record jfsVJv.'as.
5 to be made, and shall certify, seal and deliver it to the city or town clerk, p^ s.^^. 5§ 8,
6 The city and town clerks in such districts shall meet at the place isse, 262, § 5.
7 designated at noon on the tenth day following the day of the election; §§m^i5i 152.
8 but on the fourth day following the day of an election to fill a vacancy, iggs! 54s! § 2.54!
9 They shall examine the copies of the records of votes of every such voting ^907, Ho^ ^"•
10 precinct and town, and determine who appear to be elected to the office fgif'sss!^'
11 of representative. They shall, in words at length, make and certify a §§322,563.
12 schedule of the names of all persons for whom votes for representative
13 were cast in the district and the number of votes for each, and the clerk
14 of each city and town shall record such schedule within four days after
15 the day of the meeting.
1 Section 126. If a representative district is included under the pre- Designation.
2 ceding section, the officers authorized to divide the county into represent- notire of
3 ative districts shall, in making such division, designate a place in each meeting of
4 such district or adjacent thereto at which the clerks shall meet to deter- const, amend.
5 mine the result of the election. Such place of meeting may be changed ^^coBst. Rev.
6 on petition of two of such clerks after a hearing. Notice of such designa- ^^'^/^g^g 5 26
7 tion and of every change thereof shall be given by said officers having p_s.'8,^|'9.
8 such authority to the state secretary, and to every city and town clerk in §§ i49,''i50.
9 the district.
1893, 417, § 196. 1898, 548, § 255. 1907, .560, 5§ 291, 456.
1897, 475, §1. R. L. 11, §258. 1913, 835, §§ 323, 503.
1 Section 127. If an error appears in the copies of the records of votes Correction of
2 for a representative, the city and town clerks shall forthwith give notice ord°'^of' votes
3 thereof to the election officers, who shall thereupon make an additional ^"^ ^«p"==™'='
tive.
27.
4 record on oath and transmit a copy thereof to said clerks. Such addi- p®^|;|,^f'io.
5 tional copy shall be examined by them if received within two days from is^o^ *23,
6 the time appointed for their meeting ; and for such purpose their meeting i89|. 4i7,
7 may be adjourned for not more than two days.
1898, 548, § 256. 1907, 560, §§ 292, 456.
R. L. 11, § 259. 1913, 835, §§ 324, 503.
1 Section 128. The aldermen, the selectmen, or the city or town clerks Certificate in
2 acting in a representative district shall make duplicate certificates of election of ,
3 election of the persons appearing to be elected and shall, within fifteen Jr^nsmrslion,^'
4 days after the day of the election, or within ten days after the day of an office "'"""^
5 election to fill a vacancy, transmit one certificate to the state secretary, 5j^|9:^3^i®'34.
6 and shall transmit the other certificate, by a constable or other officer, fj^jg^-^^'^"
628
1885, 107.
1890, 423.
5§ 153. 154,
156. 159.
1893. 417,
§ 198.
1898, 548,
§257.
R. L. 11,
1907, 560,
§§ 293. 456.
1913. 835.
§§325, 503.
251 Mass. 95.
260.
ELECTIONS.
[Chap. 54.
to the person elected,
ing form:
Such certificates of election shall be in the follow-
Commonwealth of Massachusetts, county of . At a meeting of
the quahfied voters of Representative District Number , held on the
day of November instant, for the choice of Representatives in the
General Court to be holden on the first Wednesday of January next,
were elected to said office.
Dated at the day of in
the year one thousand nine hundred and
Sections one to four, inclusive, of chapter three, this section and sec- 9
tion one hundred and forty-one of this chapter shall be printed on every 10
such form. The officer transmitting the certificate shall make a return 1 1
of his doings. 12
?otesTo state Sectiok 129. City and town clerks shall, within fifteen days after 1
1890*423' ^" election for representative in the general court, transmit to the state 2
i893^'4i7' secretary an attested copy of the record of votes cast for all candidates 3
§ 199. ■ for said office in each voting precinct and in each town not divided into 4
r*^l: 11, ■§ 261.' voting precincts. 5
1907, 560, §§ 294, 456.
1913,835, §5 326, 503.
General Provisions relative to Records.
S^bai!o"sro'be Section 130. The whole number of ballots cast at elections shall be
ftfenlth,X'*^ stated in words at length in the records of votes and in all copies thereof,
J*7^f'|''6j|35. but if not so stated, the record or copy shall not be invalid if the true
1890, 423, § 160. rcsult Can be ascertained therefrom.
1893, 417, § 200.
1898. 548, § 259.
R. L. 11, § 262.
1907, 560, §§ 295, 456.
1913, 835, §§ 327, 503.
Violation of
certain pro-
visions not to
affect record,
1891, 328, § 6.
1893, 417,
§201.
1898,548, §260.
R. L. 11, § 263.
1907. 560,
§§296,456.
Section 131. A violation by a public officer or election officer of
laws relative to providing ballot boxes, blank forms and other apparatus
or to the care and preservation thereof, or to the manner of canvassing
and counting votes, shall not invalidate any record or copy of a record
or certificate made by a city, precinct or town clerk, or afi'ect the title of
a person declared to be elected to office.
1913, 835, §§ 328, 503.
Number of
names checked
to be certified
to state sec-
retary, etc.
1890. 223, § 2;
423. § 109.
1893, 417,
§203.
1898, 548,
§261.
R. L. 11, S
1907, 560.
§§297.456.
1913, 835,
§§ 329, 503.
1264,
Information to be certified by City and Toivn Clerks.
Section 132. The city or town clerk shall, within fifteen days after 1
an election of state, city or town officers, certify to the state secretary 2
the total number of names of voters checked on the voting list at such 3
election in each voting precinct or town, and a duplicate copy thereof 4
sealed, to be by him transmitted to the governor and council; and the 5
committee of the council tabulating the returns of votes shall include in 6
their report thereon the number of ballots cast in a district wherein a 7
question is submitted to the voters and a return thereon is made to the S
state secretary. 9
1917, 109, § 3. 1921, 209, § 6.
Report of
number of
assessed polls,
registered
voters, etc.
Secretary's Report of Assessed Polls, etc.
Section 133. The state secretary shall before February first of each
year report to the general court the number of assessed polls and the
number of registered voters in each city and town at the date of the last
Chap. 54.] elections. 629
4 preceding state, and city or town election, as the case may be, and the Const, amend.
0 total number of persons who voted at each such election in every city (c'onst. Rev.
6 and town, and in every votinsf precinct therein, and, in the year following 1890*223, § 3;
7 a state election, the number of votes received by each candidate for nomi- ligi.^sVg^ 4.
8 nation and for election for a state office, and for election for a state com- j^Iq^*'^'
9 mittee, arranged hv cities, towns and districts, and a concise statement of jsw. 200.
, " . ' . , . . I , . , , 1898, 0-48,
10 other matters relatmg to elections, with such suggestions as he deems §202.
J . , , R. L. 11, § 265.
11 advisable.
1907, 560, §§ 29S, 456. 1913, CS6; 835, §§ 330, 503. 1921, 209, § 7.
RECOUNTS OF VOTES.
1 Section 134. If a person who has received votes for any office at an Contested
2 election shall, within thirty days thereafter, himself or by his agent baiiotTto be
3 serve upon a city or town clerk a written claim to such office or a declara- pow™''to
4 tion of an intention to contest the election of any other person, the clerk JsTelm'sa.
5 shall retain the envelopes containing the ballots for such office until such fggl/a'gl.^s^^g.
6 claim is withdrawn or the contest is determined. The envelopes and Ff^^^^^'
7 ballots shall be subject to the order of the body to which such person 1893,417,
8 claims to be elected, or of the officers required by law finally to examine isgs, 548,
9 the records and to issue certificates of election to such office, or of any r^l^'h, §266.
10 court having jurisdiction thereof. Such body or officers may require the §5°|99®''456.
11 clerk to produce such envelopes and ballots, and may recount the ballots j^^lgi^^lja
12 and amend any record or copy thereof in relation to such office.
157 Mass. 403. 182 Mass. 524. 192 Mass. 409.
1 Section 135. If, on or before five o'clock in the afternoon on the Local or
2 third day following an election in a ward of a city or in a town, ten or ^'couTt', *
3 more voters of such ward or town, except Boston, and in Boston fifty or t^om^'^n?'
4 more voters of a ward, shall sign in person, adding thereto their respec- o"J[,'^ui/'°'''^''
5 tive residences on the preceding April first, and cause to be filed with amendment of
6 the c'ty or town clerk a statement sworn to by one of the subscribers isro, iss, § 4.
7 that they have reason to believe and do believe that the records, or copies iss's. 42.
8 of records, made by the election officers of certain precincts in such ward §§^31),"3?.'
9 or town, or in case of a town not voting by precincts, by the election §ff:3~^"'
10 officers of such town, are erroneous, specifying wherein they deem them |*7o4-u)6,
11 to be in error and that they believe a recount of the ballots cast in such 226.^ ^^^
12 precincts or town will affect the election of one or more candidates voted isiw! 417!
13 for at such election, specifying the candidates, or will aft'ect the decision 1894, 132, §2;
14 of a question voted upon at such election, specifying the question, the fsgs, 89:299.
15 city or town clerk shall forthwith transmit such statement and the flgi^*^'
16 envelope containing the ballots, sealed, to the registrars of voters, who fgog- 474,^5^^2.
17 shall, without unnecessary delay, but not before the last hour for filing isw! 293! s 1.^
18 requests for recounts as aforesaid, open the envelopes, recount the ballots 1907! 56o,'
19 and determine the questions raised; but upon a recount of votes for 1909, 440, §2.
20 town officers in a town where the selectmen are members of the board of §|'|;s2*,^563.
21 registrars of voters, the recount shall be made by the moderator, who J^yV/s!: 583.
22 shall have all the powers and perform all the duties conferred or imposed }S2 Mass. 524.
23 by this section upon registrars of voters. 200 Mass. sis.
24 State-wide recounts in cases of offices to be filled or questions to be
25 voted upon at the state election by all the voters of the commonwealth
26 may be requested as provided in the foregoing provisions so far as
27 applicable, except that any petition therefor shall be signed in the aggre-
28 gate by at least one thousand voters, not less than two hundred and
630
ELECTIONS.
[Chap. 54.
Candidates
and persons
representing
petitioners to
be notified,
etc.
Recounts to be
upon questions
designated in
statements,
etc.
Record and
notice of result.
fifty to be from each of four different counties, and shall be submitted
on or before five o'clock in the afternoon of the twelfth day following
such election to the registrars of voters of the city or town in which tlie
signers appear to be voters, who shall forthwith certify thereon the
number of signatures which are names of voters in said city or town,
and except that such petitions for recount shall be filed with the state
secretary on or before five o'clock in the afternoon of the fifteenth day
following such election. He shall hold such petitions for recount until
after the official tabulation of votes by the governor and council and if
it then appears that the difference in the number of votes cast for the
two leading candidates for the office, or in the number of affirmative
and negative votes on a question, for which the recount is desired, is
more than one per cent of the total number of votes cast for such office
or on such question, the petitions for recount shall be void. If such dif-
ference in the votes so cast appears to be one per cent or less of the total
votes cast for such office or on such question, he shall forthwith order
the clerk of each city and town of the commonwealth to transmit forth-
with, and said clerk shall so transmit, the envelopes containing the bal-
lots, sealed except in the case of those containing ballots which have
already been recounted in respect to said office or question under author-
ity of the preceding paragraph, to the registrars of the city or town who
sliall, without unnecessary delay, open the envelopes, recount the ballots
cast for said office or on said question and determine the questions
raised. If a state-wide recount is petitioned for, all ballots cast at a
state election shall be held, except as otherwise provided herein, by the
city and town clerks until the expiration of sixty days after said election.
The registrars shall, before proceeding to recount the ballots, give
written notice to the several candidates interested in such recount and
likely to be aflfected thereby, or to such person as shall be designated by
the petitioners for a recount of ballots cast upon questions submitted to
the voters, of the time and place of making the recount, and each such
candidate or person representing petitioners as aforesaid shall be allowed
to be present and witness such recount, either in person, accompanied
with counsel if he so desires, or by an agent appointed by hin; in writing.
In the case of a recount of ballots cast for offices which are filled by all
the voters of the commonwealth, such notice may be given to the duly
organized state political committees. In the case of a recount of the
ballots cast upon a question submitted to all the voters as aforesaid,
one representative from any committee organized to favor or to oppose
the question so submitted shall be permitted to be present and witness
the recount.
All recounts shall be upon the questions designated in the statements
or petitions filed, and no other count shall be made, or allowed to be made,
or other information taken, or allowed to be taken, from the ballots on
such recount.
The registrars shall, when the recount is complete, enclose all the
ballots in their proper envelopes, seal each envelope with a seal provided
therefor, and certify upon each envelope that it has been opened and
again sealed in conformity to law; and shall likewise make and sign a
st"iitement of their determination of the cjuestions raised. The envelopes,
with such statement, sliall be returned to the city or town clerk, who
shall alter and amend, in accordance with such determination, such
records as have been found to be erroneous; and the records so amended
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
5S
59
60
61
62
63
64
65
(i6
67
68
()9
70
71
72
73
74
75
76
77
78
79
SO
81
Chap. 54.] elections. 631
82 shall stand as the true records of the election. Copies of such amended
83 records of votes cast at a state election shall be made and transmitted
84 as required by law in the case of copies of original records; provided,
85 that such copies of amended records shall in case of a state-wide recount
86 be transmitted by the city or town clerk to the state secretary within
87 four days of the completion of such recount. If, in case of a recount of
88 votes for town officers, it shall appear that a person was elected other
89 than the person declared to have been elected, the registrars of voters
90 shall forthwith make and sign a certificate of such fact, stating therein
91 the number of votes cast, as determined by the recount, for each candi-
92 date for the office the election to which is disputed, and shall file the
93 same with the towm clerk. The town clerk shall record the certificate
94 and shall, within twenty-four hours after such filing, cause a copy of
95 such certificate, attested by him, to be delivered to or left at the resi-
9(5 dence of the person so declared to have been elected, and to the person
97 who by such certificate appears to be elected.
98 Registrars of voters may employ such clerical assistance as they deem clerical
99 necessary to enable them to carry out this section. assistance.
1 Section 136. No officer recounting ballots shall, except as required to°be°^™ifr'e°-°
2 by law, make any statement or give any information relative to a ballot f''„'''''3Vt*J"
3 cast by a challenged voter.
1892, 332, §1. 1898.548,5 265. 1907, .560. §8 301, 456.
1893, 417, § 213. R. L. 11, §268. 1913, 835, §§ 333, 503.
1 Section 137. The aldermen shall not declare the result of an election in cities.
2 for state or city officers or of a vote upon any question submitted to the not''''?'be''de-'''
3 voters until the time for filing a petition for a recount of ballots has recou'nt'or°ex-
4 expired, or, if such petition has been filed, until the ballots have been g^e'tTeKfor
5 recounted and the returns amended, notwithstanding any special act ^° "^y ??''"
/-» 1 • 1 • • AC 1111 1 1 o .' r- to act without
0 relating to their city. Alter the ballots have been recounted and the certificate of
7 records amended, they shall forthwith declare the result of the election, i876, iss, §5.
8 and the city clerk shall thereupon issue certificates of their election to i88^, 299,'^f32.
9 the persons elected. No person elected to a city office shall act in an }|s|; lel[
10 official capacity by virtue of such election before his certificate of elec- 5*1^07*^^'
1 1 tion has been issued.
1893,417,5 214. R. L. 11. 5 269. 1913,835,65 334,503.
1898, 548, § 266. 1907, 560, §§ 302, 456. 182 Mass. 524.
PROCEEDINGS UPON FAILURE TO ELECT, AND VACANCIES IN STATE
OFFICES.
1 Section 138. If, upon examination of the copies of the records of Presidential
electors f3.ilur6
2 votes for presidential electors, it appears that a majority of the whole to elect 'ma-
3 number of electors has not been chosen, the governor shall forthwith, or absence.
4 by proclamation, call together the general court; and the senators and R.'^l'e.^s'ii. '
5 representatives assembled in joint convention shall by ballot choose g*'^s.' 9.°' * ^'
6 electors to complete the full number. |,5 |*^i^-
7 If the whole number of electors has not been chosen when the electors Hgg^'ggl' . 2
8 meet on the first Wednesday in Januarv, or if an elector has died or is i89o! 423!
9 then absent, the electors present shall forthwith choose electors from is93, 417,
10 the citizens of the commonwealth to complete the full number.
1898, 548, 55 271, 280. 1907, 560, 55 303, 312, 456. 1931, 426, 5 175.
R. L. 11, 55 274, 283. 1913, 835, §5 335, 345, 503. 146 U. S. 1.
632
ELECTIONS.
[Chap. 54.
Failure to elect,
or vacancy;
senator in
congress.
1913, 835,
§ 336.
1922, 57.
Section 1.39. Upon failure to choose a senator in congress or upon a 1
vacancy in said office, the vacancy shall be filled for the unexpired term 2
at the following biennial state election provided said vacancy occurs .3
not less than sixty days prior to the date of the primaries for nominating 4
candidates to be voted for at such election, otherwise at the biennial state 5
election next following. Pending such election the governor shall make a 6
temporary appointment to fill the vacancj', and the person so appointed 7
shall serve until the election and qualification of the person duly elected to 8
fill such vacancy. 9
Same: rei^re-
sentative in
congress.
1833, 68, § 4.
R. S. 6, § 6.
1851, 40, § 1.
G. S. 9, § 5.
P.S.9, §§5,6.
1890, 423,
§§ 167, 168.
Section 140. Upon failure to choose a representative in congress or
upon a vacancy in said office, the governor shall cause precepts to be
issued to the aldermen in every city and the selectmen in every town in
the district, directing them to call an election on the day appointed
therein for the election of such representative.
1893, 417,
1898, 548,
1 216.
I 272.
R. L. 11, §27.5.
1907, SCO, §§ 304,456.
1913, 835, §1 337, 503.
1 Op. A. G. 242.
Same; repre-
sentative in
general court.
1874, 376,
§§ 32, 33.
P. S. 8,
§§ 16, 17.
1890, 423,
§§ 157. 158.
1893,417,
§ 217.
1898, 548,
§273.
R. L. 11, §276.
1907, 560,
§§ 305, 456.
1913, 835,
§§ 338, 503.
1919, 269, § 1.
1922, 142.
1931,426, §177.
Section 141. Upon failure to choose a representative in the general
court at the biennial state election, a certificate thereof shall be trans-
mitted forthwith to the state secretary by the officers required to transmit
certificates of election.
Upon a vacancy in the office of representative in the general court or
upon failure to elect, the speaker of the house of representatives shall issue
precepts to the aldermen of each city and the selectmen of each town
comprising the district or any part thereof, appointing such time as the
house of representatives may order for an election to fill such vacancy; 9
provided, that if such vacancy occurs during a recess between the first 10
and second annual sessions of the same general court, the speaker may fix 1 1
the time for an election to fill such vacancy. Upon receipt of such pre- 12
cepts, the aldermen or the selectmen shall call an election, which shall be 13
held in accordance with tlie precepts. 14
Same; district
attorney and
county officers.
R. S. 14. § 56.
1856, 173,
§§4,8.9.
1858, 93, § 12.
G. S. 10,
§§ 10, 13;
17, § 52.
P. S. 10, §§ 10,
13, 18; 158.
§ 18; 159, § 7.
1890, 423,
§§197,200,205.
1893, 417,
§218.
1898. 548,
§§ 274. 277,
R. L. 11,
§§ 277, 280.
1907, 560,
§§306.309,456.
1913, 835,
§§339,342,503.
1919. 269, § 1.
191 Mass. 497.
3 Op. A. G. 457.
Section 142. Upon failure to choose a district attorney, clerk of the 1
courts or in Suffolk county of the supreme judicial or superior court, 2
register of probate and insolvency or sheriff, the go\'ernor shall cause 3
precepts to be issued to the proper officers, directing them to call an 4
election on the day appointed therein for the election of such officer. 5
Upon a vacancy by removal or otherwise in any of the above named 6
offices, he shall in like manner cause precepts to be issued for an election 7
to fill such vacancy at the next biennial state election for which pre- 8
cepts can be seasonably issued, unless the term of the office expires on 9
the first Wednesday of January following such state election. 10
Upon a vacancy in the office of district attorney, register of probate 11
and insolvency or sheriff, the governor with the advice and consent of 12
the council may appoint some person thereto until a district attorney, 13
register of probate and insolvency or sheriff' is qualified. Upon a vacancy 14
in the office of clerk of the courts in any county, or of the clerk of the 1.5
supreme judicial court in Suffolk county, the justices of said court may IG
appoint a clerk to hold tlie office until a clerk is qualified. 17
Upon a vacancy in the office of a clerk of the superior court in Suffolk 18
county, the justices of said court may appoint a clerk to hold the office 19
until a clerk is qualified. 20
Chap. 54.] elections. 633
1 Section 143. Upon failure to choose a county treasurer or a register Same; county
2 of deeds for a county or district, e.xcept Suffolk and Nantucket counties, te^ot'dcecrs'!*'^'
3 the county commissioners shall forthwith issue precepts to the aldermen \llt[ us.S^i.
4 of each city and the selectmen of each town in such county or district, j^j fe 'fig, 107.
5 directing them to call an election for the election of such officer on a if5|. Jis-
6 day appointed therein. 11 1^' is; 17.
7 Upon a vacancy by removal or otherwise in the office of county treas- p. (5/10, §§ 12,
8 urer or of register of deeds in a county or district, except in Suffolk and i8no,'423,'
9 Nantucket counties, the county commissioners shall in like manner issue Im! a)o^°^'
10 precepts for an election to fill such vacancy at the next biennial state f'ii^*"-
11 election for which precepts can be seasonably issued, unless the term of jj^ljj^^g^y^
12 the office expires on the first Wednesday of January following such state R- J^j^^^g^^
18 election, and mav appoint some person to ffil such office until a person 1907. seo.
, , . , 1,1 / 1 !•£• 1 rr,i • J. 1 1 n ■ §§307,309,456.
14 IS elected thereto and qualined. ine person so appomted shall give igos, 391, § 1.
15 bond as provided in section three of chapter thirty-five or section three |^'|40*^3^42,
IG of chapter thirty-six, as the case may be. f^fg^ 269, § 1.
17 Upon failure to choose a register of deeds in Suffolk county, or upon
18 a vacancy in that office, the city council of Boston shall call meetings to
19 elect a register of deeds or to fill such vacancy, as is above provided for
20 an election in other counties; and, upon a vacancy in that office in said
21 Suffolk county, the superior court shall appoint some person to the office
22 until a person is elected thereto and qualified.
23 Upon failure to choose a register of deeds in Nantucket county, or
24 upon a vacancy in that office, the selectmen of the town of Nantucket
25 shall call a meeting to elect a register of deeds as is above provided for
26 an election in other counties, and may appoint some person to the office
27 until a person is elected thereto and qualified.
1 Section 144. Upon failure to choose a county commissioner or asso- samc; county
2 ciate commissioner, the board of examiners shall forthwith issue precepts comm?ssroner.
3 to the aldermen of each city and to the selectmen of each town in such gfg^^.^^'
4 county, directing them to call an election to elect such officer on a day R^ s^ i|^ 22.
5 appointed therein. In Middlesex county, such precept shall also be H^'lf'^^-
6 issued to the aldermen of Revere and the selectmen of Winthrop. a s! 10^
7 Upon a vacancy by removal or otherwise in the office of county com- 1872,87, §3,
8 missioner or associate commissioner, the board of examiners shall in like §§ n, 14.
9 manner issue precepts for an election to fill such vacancy at the next j^^fgg^^loi.
10 biennial state election for which precepts can be seasonably issued, unless j^^f's"^'
1 1 the term of office of the commissioner whose office is so vacant ex-pires isas, 417,
12 on the first Wednesday of January following such election. is98, 548,
13 Upon a vacancy in said offices, the county commissioners or the two r. L. ii,
14 remaining county commissioners, as the case may be, and the clerk of i902!^544* § 2.
15 the courts for the county, or a majority of them, may appoint some 5^°Jo8^®369,
16 person to fill such office until a person is elected thereto and qualified. *56.
1913, 835, §§ 341, 342, 503. 1919, 269, § 1.
1 Section 145. If a person elected to any of the offices mentioned in g^«^j\^^'^'^^
2 the three preceding sections dies before the first Wednesday of January before begin-
3 following his election, the office shall be filled as in case of a vacancy, ol office, effect.
1917. 255. § 1. 1918, 114, § 2. 1919, 269, § 26.
1 Section 146. The county commissioners in each county shall forth- f^f^yj^^'
2 with notify the state secretary of any vacancy in the office of county notjfied.^etc.
3 treasurer or of register of deeds; and the board of examiners shall give §§ 120,121,207.
634
ELECTIONS.
[Chap. 54.
like notice to the state secretary of any vacancy in the office of county 4
commissioner or associate commissioner, and in each case they shall send 5
6
1893, 417,
§221.
1898, 548,
R. L.'u, § 281. to him a copy of the precepts issued by them for an election.
1907, 500, §§ 310, 456. 1913, 835, §§ 343, 503.
Elections to SECTION 147. At elections held because of a failure to elect or to fill 1
nil vacancies, , iiiii f i*ii
proceedings. vacaucies, the proceedmgs shall be the same, so far as applicable, as m 2
§§ 4,' 5. ' elections to the same office at the biennial state election. 3
R. S. 6, §§ 6, 7.
G. S. 9. §§5, 6.
1874, 376. § 33.
P.S.8, §17;9, §§5,6.
1890, 423, §§ 158.
167, 168, 198, 199.
1893,417, § 222.
1898, 548, § 279.
R. L. 11, §282.
1907. 560, §§311.456.
1913, 835, §§344, 503.
1919, 269, § 1.
Presidential
electors,
meeting, or-
ganization,
proceedings,
record of.
U. S. Const,
amend. 12.
1 D. S. Comp.
Sts.. § 199
et seq.
1832, 169, § 4.
R. S. 6, §§ 21,
22.
PROCEEDINGS OF PRESIDENTIAL ELECTORS.
Section 148. The persons chosen as presidential electors shall meet 1
at the state house on the first Wednesday in January next following 2
their election at three o'clock in the afternoon and organize by the 3
clioice of a presiding officer and secretary. The state secretary shall 4
call the meeting to order, call the roll of electors, and preside until a 5
presiding officer shall be chosen. The secretary of the electors shall keep 6
a journal of their proceedings and deposit the same in the office of the 7
state secretary, where it shall be recorded and filed. 8
1907, 560, §§ 312, 456.
1913, 835, §§ 345, 503.
1931, 426, § 176.
G. S. 9, §§ 15, 16.
1S93, 417, § 224.
P. S. 9, §§ 15, 16.
1898, 548, § 280.
1888, 382, §§ 2, 3.
R. L. 11, § 283.
1890, 423, §§175, 176.
Compensation.
1832, 169, § 4.
R. S. 6, § 23.
G. S. 9, § 17.
P. S. 9, § 17.
Section 149. Each elector shall receive from the commonwealth 1
three dollars for each day of attendance, and one dollar for every five 2
miles of tra\'el from his residence to the place of meeting. 3
1890. 423, § 177.
1893, 417, § 225.
1898, 548, § 281.
R. L. 11, § 284.
1907, 560,
1913, 835,
i 313, 456.
i 346, 503.
State officers
to be elected
biennially.
Const, amend.
64, §§ 1, 4.
(Const. Rev.
art. 39.)
G. S. 8, § 1.
P. S. 8. § 1.
1890. 423,
§ 147.
1893,417,1247.
1898,548, §311.
OFFICERS to be ELECTED AT STATE ELECTIONS.
Section 150. At the biennial state election there shall be chosen
by the voters of the commonwealth, as prescribed by the constitution,
a governor, lieutenant governor, state secretary, state treasurer, state
auditor and attorney general; by the voters in each councillor district,
one councillor; by the voters in each senatorial district, one senator;
and by the voters in each representative district, such number of repre-
sentatives as the district is entitled to elect.
R. L. 11. § 314.
1907, 560, §§ 342, 456.
1908. ,W7, § 1.
1913, 835, §§ 379, 503.
1919, 269, § 1.
riect'orr''"' Section 151. At the biennial state election in each year in which
R. s. 6,§i3. presidential electors are required to be elected, a number of electors,
PS. 9,' §§9,' 10.' equal to the whole number of senators and representatives in congress
§§^70*^1^71. to which the commonwealth is entitled, shall be chosen by the voters
Isqs'ris 53II of the commonwealth.
1898, 548, §312.
R. L. 11, §315.
1907, 560, §§ 343, 456.
1913,835, §§380,503.
1919. 269, § 1.
?™!!°" '" Section 152. At the biennial state election in nineteen hundred and 1
8 38^1 *^'' twenty-two, and in every sixth year thereafter, and in nineteen hundred 2
I9i9,'269, § 16. and twenty-four, and in every sixth year thereafter, a senator in congress 3
shall be chosen by the voters of the commonwealth. 4
Chap. 54.] elections. 635
1 Section 153. At each biennial state election a representative in Representa-
2 congress shall be chosen by the voters in each congressional district. cra^ess.
1833, 68. § 3. G. S. 9, § 3. 1893. 417, § 249. 1907, 560, §§ 344, 456.
E. S. 6, § 3. P. S. 9, § 3. 1898, 548. § 313. 1913, 835, §§ 382, 503.
1856,224. 1890, 423, § 165. R. L. 11, § 316. 1919, 269, § 17.
1 Section 154. At the biennial state election in nineteen hundred and ^'to^ieys.
2 twenty-two, and in every fourth year thereafter, a district attorney shall }|07, is^ ^
3 be chosen by the voters in each of the districts into which the common- R- s' is, '§ 37.
4 wealth is divided for the administration of the criminal law. §§ i.'s.
G. S. 10, § 2. 1S93, 417, § 250. 1907, 560, « .34.'5, 456.
P. S. 10, § 2. 1898, 548, § 314. 1913. 835, §§ 383, 503.
1890, 423, § 189. R. L. II, § 317. 1919, 269, § 18.
1 Section 155. At the biennial state election in nineteen hundred and ^J^tl °^
2 twenty-two, and in every sixth year thereafter, tiie clerk of the courts in If^f'g'^y'
3 counties other than Suffolk, and in Suffolk the clerk of the supreme iss?, r
4 judicial court for that county and the clerks of the superior court for p. s.' lo,' § 3.'
5 civil and for criminal business therein, shall be chosen by the voters of § igd. " '
6 their respective counties.
1893,417, §251. R. L. 11. § 318. 1913, 835, S§ 384, 503.
1898,548, §315. 1907, 560, §§ 346. 456. 1919, 269, § 19.
1 Section 156. At the biennial state election in nineteen hundred and problte"nd
2 twenty-four, and in every si.xth year thereafter, a register of probate and \85°8''93''^5 4
3 insolvency shall be chosen by the voters of each county.
G. S. 10, § 4. 1893, 417, § 252. 1907, 560, §5 347, 456.
P. S. 10. § 4- 1898, 548, § 316. 1913, 835, §§ 385, 503.
1890,423, §191. E. L. 11, §319. 1919, 269, § 20.
1 Section 157. At the biennial state election in nineteen hundred and Je^e^s'^""^
2 twenty-two, and in every sixth year thereafter, a register of deeds shall j^^ss, eo. ^^^
3 be chosen by the voters of each district for the registry of deeds, and of i837, isb.
4 each county not divided into districts.
18.55, 79; 92, § 1. 1890. 423. § 196. 1906, 76.
1856,118. 1893, 417, §253. 1907, 560, §§ 348, 456.
G. S. 10, § 9. 1898. 548, § 317. 1913, 835, §§ 386, 503.
P. S. 10, § 9. R. L. 11, § 320. 1919, 269, § 21.
1 Section 158. At the biennial state election in nineteen hundred and rommLioners.
2 twenty-four, and in e\'ery fourth year thereafter, there shall be chosen If^l'^^^^-
3 by the voters of Middlesex county and of Revere and Winthrop two R. s.^u, §l le,
4 county commissioners for said county, city and town, and by the voters 1850,299, §2.
5 of each of the other counties, except Suffolk and Nantucket, two county issJ! 77;
6 commissioners for the county; and at the biennial state election in nine- al'. 10,
7 teen hundred and twenty-two, and in every fourth year thereafter, there flyl" ot, § 3.
8 shall be chosen by the voters of Middlesex county and of Revere and ^^^Jfo^^- ^ '•
9 Winthrop one county commissioner for said county, city and town, and lig^-^^Jj
10 by the voters of each of the other counties, except Suffolk and Nantucket, §§ 193-195.
1 1 one county commissioner for the county. § 255.
12 At the biennial state election in nineteen hundred and twenty-two, itl^'s^sYs.^ ^'
13 and in every fourth year thereafter, there shall likewise be chosen by ^°2' \\^-^ 321,
14 the voters of Middlesex county and of Re\-ere and Winthrop two asso- |^°j4g®®456.
15 ciate commissioners for said county, city and town, and by the voters li'^li,^^,
16 of each of the other counties, except Suffolk and Nantucket, two associate i9i9, 269, § 22.
-," ■ ■ c ^\. I 3 Gray, 126.
1 / commissioners tor the county. 250 Mass. 188.
18 Not more than one of the county commissioners and associate commis-
19 sioners shall be chosen from the same city or town. If two persons re-
20 siding in the same city or town shall appear to have been chosen to said
636
KLECTIONS.
[Chap. 54.
offices, only the person receiving the larger number of votes shall be de- 21
clared elected; but if they shall receive an equal number of votes, no 22
person shall be declared elected. If a person residing in a city or town 23
where a county commissioner or an associate commissioner who is to 24
remain in office also resides, shall appear to have been chosen, he shall 25
not be declared elected. If the person is not declared elected by reason 26
of the above provisions, the person receiving the next highest number of 27
votes for the office, and who resides in another city or town, shall be 28
declared elected. 29
Section 159. At the biennial state election in nineteen hundred and 1
twenty-six, and in every sixth year thereafter, a sheriff shall be chosen 2
3
Sheriffs.
1856, 173. § 1
G. S, 10, § 5.
1890,423, §192. by the voters in each county.
1893, 417, § 256. 1907, 560. §§ 350, 456.
1898, 548, § 319. 1910, 246, § 1.
R. L. 11, §322.
1913, 8.3.5. §§ 388, 503.
1919, 269, § 23.
County
treasurers.
1785,76, § 1.
R. S. 14, § 43.
1855, 92, 5 1.
Commissioners
to apportion
Suffolk county
into representa-
tive districts,
decennial
election.
1897, 287, § 1.
1898, 548,
5 321.
R. L. 11, §324
1905, 386, § 9.
1906, 298, § 1.
1907, 560.
§§ 352, 456.
1913, 835,
§§ 390, 503
1919, 269. !
1924. 424, § 1
224 Mass. 598,
225 Mass. 55,
124.
Section 160. At the biennial state election in nineteen hundred and
twenty-four, and in every sixth year thereafter, a county treasurer shall
be chosen by the voters in each county, except Suffolk and Nantucket.
25.
G. S. 10, § 9.
p. S. 10, § 9.
1890, 423, § 196.
1893, 417, § 257.
1898, 548. § 320.
R. L. 11, §323.
1907, 560, §§351, 456.
1913, 835, §§ 389, 503.
1918, 114, § 1.
1919, 269. § 24.
2 Gray, 370.
Section 161. At the biennial state election in nineteen hundred and
twenty-four, and in every tenth year thereafter, nine commissioners shall
be elected to apportion Suffolk county into representative districts under
section five of chapter fifty-seven. For the purpose of electing commis-
sioners as aforesaid, the city of Boston is hereby divided into the fi\e
following districts, each comprising the territory within the wards, as
constituted on January first, nineteen hundred and twentj'-four, which
are hereinafter assigned to it :
First district, wards one, two, three, four, five.
Second district, wards se\en, eight, twenty-five, twenty-six.
Third district, wards six, twelve, thirteen, fourteen, fifteen.
Fourth district, wards nine, ten, eleven, seventeen, eighteen, twenty.
Fifth district, wards sixteen, nineteen, twenty-one, twenty-two,
twenty-three, twenty-four.
One of said commissioners shall be a resident of and voter in each of
the aforesaid districts and shall be elected by the voters of that district;
two shall be residents of and voters in Chelsea and shall be elected by the
voters thereof; one shall be a resident of and a voter in Winthrop and shall
be elected by the voters thereof; and one shall be a resident of and a voter
in Revere and shall be elected by the \oters thereof. Said commissioners
shall hold office for two years from the first Wednesday of January next
after their election. At their first meeting, they shall organize by choosing
a chairman, who shall be one of their number, and a clerk. The city of
Boston shall provide them with a suitable office and room for hearings
and shall allow antl pay to them for compensation a sum not exceeding
five hundred dollars each, said sura to be determined by the governor anil
council, and a further sum of not more than seven hundred dollars for
clerk hire, stationery and incidental expenses.
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Chap. 55.] corrupt practices and election inquests.
637
CHAPTER 55.
CORRUPT PRACTICES AND ELECTION INQUESTS.
Sect.
political expenses op candidates.
1. Campaign expenses of candidates lim-
ited and defined.
2. Candidates to keep detailed accounts,
with vouchers.
3. Candidates for United States senator
and representative to be subject to
United States laws in case of con-
flict.
POLITICAL COMMITTEES.
4. Political committees, organization,
etc., regulated; statements to be
filed with state secretary, etc.
Treasurer; qualification, duties,
etc.
6. Payments by political committees
restricted.
POLITICAL CONTRIBUTIONS.
6. Receipts or disbursements regulated.
Rendering of certain services not
prohibited.
7. Political contributions by corpora-
tions, and soliciting or receiving
such contributions, forbidden.
8. Payments, etc., to be in true name of
donor.
9. Soliciting, etc., from candidates for-
bidden.
10. Political committees not to demand
or solicit money for nomination
papers.
11. Public officers and employees for-
bidden to solicit political contribu-
tions.
12. Soliciting' political contributions in
public buildings forbidden.
13. Making political contributions within
the public service forbidden in cer-
tain cases.
14. Persons in public ser\-ice not required
to contribute or otherwise render
political service.
15. Certain persons in state and munic-
ipal service not to be affected by
failure to contribute.
STATEMENTS OF POLITICAL EXPENSES OF
CANDIDATES AND COMMITTEES.
16. Candidates to file statements. Time
hmits.
17. Treasurer to file statement, contents,
etc.
18. Persons acting for committees to give
accounts and vouchers to treasurer.
Sect.
19. Filing of statement, duplicate, oath.
20. Statements to be preserved, etc.
21. Blanks to be furnished for statements.
22. Statements to be inspected and delin-
quents notified.
23. Attorney general to be notified, etc.
24. Courts may compel filing of state-
ments, etc.
25. Immunity of witness.
CERTAIN PRACTICES FORBIDDEN.
26. Bribery and corruption forbidden.
27. Influencing voter in connection with
employment forbidden.
28. Certain promises of appointment,
etc., forbidden.
29. Promise of appointment, etc., for
political action forbidden.
30. Use of official authority or influence to
affect political action forbidden.
31. Certain officers, etc., not to promote
or oppose for hire certain measures
to be voted on at elections.
32. Payments for editorial support, and
their receipt, forbidden.
33. Publication of unsigned political
advertisements forbidden. Adver-
tisements to be marked as such.
33A. Use of names of political parties by
certain organizations regulated.
34. Certain unsigned circulars and post-
ers forbidden.
34A. False statements in relation to can-
didates forbidden.
35. • Payments for naturalization fees, etc.,
forbidden.
GENERAL PROVISIONS RELATIVE TO COR-
RUPT PRACTICES.
36. Corrupt practice by candidate de-
fined.
37. Election petitions for corrupt prac-
tices.
38. Preceding sections to apply to elec-
tions, primaries, etc.
ELECTION INQUESTS.
39. Inquests upon violations of election
laws.
40. Conduct of hearings.
41. Witnesses, attendance, fees, etc.
42. Stenographer.
43. Witnesses may be bound over.
44. Certain persons may be apprehended.
45. Guilty party may be forced to testify,
and receive immunity.
638 CORRUPT PRACTICES. [Chap. 55.
POLITICAL EXPENSES OF CANDIDATES.
^x^n^efoi Section 1. No persoii, in oFcjer to aid OF promotc his owii nomination 1
candidates OF election to public office, shall himself or through another person give, 2
dTLld. pay, expend or contribute any money or other thing of value, or promise .3
hT.'s, 4.' so to do, in excess of the following amounts: 4
22^ .,„ United States Senator, $5,000 $10,000
§5282 284. Governor 5,000 10,000
2S5. Lieutenant Governor, State Secretary, State Treasurer, State
H^S5 • Auditor, Attorney General, 3,000 6,000
287-289 Representative in Congress, 8,000 0,000
'miieo: State Senator, 1,000 1,000
i 316, 317, Representative in the General Court: —
1907, 560,
§M
1911, 679, Each candidate may spend:
§§i.'2. ' In a district entitled to three representatives, . . . 600 600
§§'348^^3^49, In a district entitled to two reprpsentatives, . . . 500 500
503. ' ' In a district entitled to one represelltati^'e, . . . 400 400
1914. 783, '
§5 2.3.
19lS 257 5 IS.
i9ib! I ' A candidate for any other office may expend an amount not exceeding 5
1923! lio. forty dollars for each one thousand, or major portion thereof, of the 6
3 0p a*'g.497. registered voters qualified to vote for candidates for the office in question 7
a9i7) U3. at the next preceiling election; but no such candidate shall expend more 8
than fifteen hundred dollars for the expenses of a primary, nor more than 9
three thousand dollars for the expenses of an election. Any candidate 10
may, however, expend a sum not exceeding two hundred dollars for 11
primary or election expenses. Contributions by a candidate to political 12
committees shall be included in the foregoing sums. 13
The sums hereby authorized shall include all -contributions from in- 14
dividuals, political committees or other sources to a candidate or person 15
acting in his behalf, and shall include every payment or promise of pay- 16
ment for any purpose, made directly or indirectly by, or for the benefit 17
of, a candidate, except that a political committee may make and incur 18
expenses not for the sole benefit of an individual candidate, or which it is 19
permitted by section five to make for an individual candidate; and the 20
gift, payment, contribution or promise of any money or thing of value 21
in excess of those sums, by a candidate directly or indirectly, or by any 22
persons for his benefit, shall be deemed a corrupt practice. 23
Candidatoto SECTION 2. Every Candidate for nomination or election to a public 1
accounts, with officc shall keep detailed accounts of all money or other things of value 2
1892. 416. § 20. received by or promised to him or any person acting under his authority, 3
§ 244. ' and of all expenditures and disbursements made by him or by any person 4
floi.^'**' acting under his authority. Said accounts may be kept by an agent 5
1907; 560,^ ^°*' chdy authorized thereto, but the candidate shall be responsible for them. G
ml^'sas' They shall be kept separate and distinct from all other accounts and 7
§§ m M3 ^ ghaii include money or other things of value contributed or paid by the 8
1918! 2.57; § 18. canilidate from his personal funds. 9
i92o!2: Every payment shall, unless the total expense payable to any one 10
" '"*° "" person is less than five dollars, be vouched for by a receipted bill, stating 11
the particulars of the expense, and every voucher, receipt or account 12
hereby required shall be preserved for six months after the primary or 13
election to which it relates. Failure by a candidate so to preserve such 14
vouchers, receipts and accounts shall be deemed prima facie evidence 15
of a corrupt practice. 16
See 1918, 146.
287.
R. L. 11, § 290.
CH-^P. 55.] CORRUPT PRACTICES. 639
1 Section 3. Candidates for nomination or election to the senate or Candidates for
2 house of representatives of the United States shall be subject to the senat'oraSf^
3 laws of the T'nited States in so far as sections one, two and five may con- ^'briubSt to
4 flict with such laws. l'"'"-':'^ ■'^"""s,
laws in case of
1914, 783, § 2. 191S, 257, § IS. 1919, 5. 1920, 2. conaict.
POLITICAL COMMITTEES.
1 Section 4. Every non-elected political committee shall have a Political com-
2 treasurer, and a chairman who shall, not later than the day preceding ™"o''n,%°cT'"'
3 the election in connection with which said committee is organized to stStl-'mlnfs to
4 function, file with the state secretary, or, when organized for the pur- 'f '■■'''' "'f'
5 poses of a municipal election only, with the city or town clerk, the names ef^ Treasurer;
6 and addresses of such treasurer and chairman and of at least three duties, etc" '
7 additional members thereof and a statement of the purpose for which issa! tii', ^ ^'
8 organized; and, in the event of a change in such officers or as to such isoIIms,
9 additional members, a statement of such change shall forthwith be filed "'
10 as in the case of the officers first chosen. The treasurer of every non- p°|j seo,
11 elected and of every elected political committee shall qualify for his iiios.sis, § i.
12 office by filing a written acceptance thereof with the state secretary, or, §§ sss, 563.
13 in the case of a municipal election as aforesaid, with the city or town 1928! 212! ^*'
14 clerk, and said treasurer shall remain subject to all the duties and liabil- ^^ ^' '^'
15 ities imposed by this chapter until his written resignation of the office or se^Tee!) ""'
16 his successor's written acceptance is filed as aforesaid. No person
17 acting under the authority or in behalf of any political committee shall
18 receive any money or other thing of value, or expend or disburse the
19 same or incur expenses, while it has no treasurer ciualified as aforesaid,
20 or while the name or address of any of its officers, as originally or sub-
21 sequently chosen, or of any such additional member is not filed if and
22 as required by this section or chapter fifty-two, as the case may be.
23 Every treasurer of a political committee shall keep and preserve detailed
24 accounts, vouchers and receipts, as prescribed for an individual candi-
25 date.
1 Section 5. Political committees, duly organized, may receive, pay Payments by
2 and expend money or other things of value for the following purposes, Committees
3 and no others: advertising, writing, printing and distributing circulars Jgn'^'yla; §3.
4 or other publications, hire and maintenance of political headquarters, \l\f ^57, § is.
5 and clerical hire incidental thereto, meetings, refreshments, not includ- 1920', 2
6 ing intoxicating liquors, but including cigars and tobacco, decorations Op^.a.g'.
7 and music, postage, stationery, printing, expressage, traveling expenses, '^ °^ *^'
8 telephone, telegraph and messenger service, and the hire of conveyances
9 and workers at polling places.
10 Such committee may contribute to other political committees. A
11 political committee may contribute to the personal fund of a candidate;
12 but no such committee shall pay, directly or indirectly, any expenses of
13 any candidate for nomination or election, or for his sole benefit, other
14 than decorations, music, and traveling expenses of members of the com-
15 mittee and speakers, except by a contribution to the fund of the candi-
16 date. Political committees may hire conveyances and workers at elec-
17 tions only, and not more than one such conveyance and not more than
IS two persons at each polling place shall be hired to represent the same
19 political party or principle.
640
CORRUPT PRACTICES.
[Chap. 55.
POLITICAL CONTRIBUTIONS.
Receipts or
disbursements
regulated.
Rendering of
certain services
not proliibited.
1S92, 41U, § 9.
1893, 417,
§ 234.
1898, 548,
§ 290.
R. h. 11, i 293.
1907, 560,
§324.
1913, 835,
§§ 361, 503.
1914, 783, § 5.
1928, 212, § 6.
Op. A. G.
(1920) 41.
Section 6. No person or combination of persons shall in connection
\\ith any nomination or election recei\e money or its equivalent, expend
or disburse or promise to expend or disburse the same, except as author-
ized by this chapter. A political committee or a person acting under the
authority or on behalf of such a committee may receive money or its
equivalent, or expend or disburse or promise to expend or disburse the 6
same for the purpose of aiding or promoting the success or defeat of a 7
political party or principle in a public election or favoring or opposing 8
the adoption or rejection of a question submitted to the voters, and for 9
other purposes expressly authorized by this chapter subject, however, 10
to the provisions thereof. Any individual, not a candidate, may con- 11
tribute to political committees or to candidates a sum which in the aggre- 12
gate of all contributions by him shall not exceed one thousand dollars in 13
any election and primary preliminary thereto. This section shall not 14
prohibit the rendering of services by speakers, publishers, editors, writers, 15
checkers and watchers at the polls or by other persons for which no com- 16
pensation is a.sked, given or promised, expressly or by implication; nor 17
shall it prohibit the payment by themselves of such personal expenses as IS
may be incidental to the rendering of such services; nor shall it prohibit 19
the free use of property belonging to an individual and the exercise of 20
ordinary hospitality for which no compensation is asked, given or prom- 21
ised, expressly or by implication. 22
Political con-
tributions by
corporations,
and soliciting
or receiving
such contribu-
tions, for-
bidden.
1907, 576, § 22;
581, § 3.
1908, 483, § 1.
1911, 422.
1912, 229, § 1.
1913, 835,
§5 353, 356,
603.
[Penalty, Chap.
56, § 58.1
Section 7. No corporation carrying on the business of a bank, trust, 1
surety, indemnity, safe deposit, insurance, railroad, street railway, 2
telegraph, telephone, gas, electric light, heat, power, canal, aqueduct, or 3
water company, or any company having the right to take land by emi- 4
nent domain or to exercise franchises in public ways, granted by the 5
commonwealth or by any county, city or town, no trustee or trustees 6
owning or holding the majority of the stock of such a corporation, no 7
business corporation incorporated under the laws of or doing business 8
in the commonwealth and no officer or agent acting in behalf of any 9
corporation mentioned in this section, shall directly or indirectly give, 10
pay, expend or contribute, or ]3romise to give, pay, expend or contribute, 11
any money or other valuable thing in order to aid, promote or prevent 12
the nomination or election of any person to public office, or to aid, pro- 13
mote or antagonize the interests of any political party, or to influence 14
or affect the vote on any question submitted to the voters. No person 15
or persons, no political committee, and no person acting under the au- 16
thority of a political committee, or in its behalf, shall solicit or receive 17
from such corporation or such holders of stock any such gift, payment, IS
expenditure, contribution or promise to give, pay, expend or contribute; 19
except that such a corporation, or such trustee or trustees, may in good 20
faith publish or circulate paid matter when, under a question submitted 21
to the voters, the taking, purchasing or acquiring of any of the proi)erty, 22
business or assets of the corjjoration is involved, provided that the name 23
of the corporation appears therein in the nature of a signature, and that, 24
if inserted as reading matter, such matter is preceded or followed by 25
the word "Advertisement", in the manner requii-ed by section thirty- 26
three. 27
Chap. 55.] corrupt practices. 641
1 Section 8. No person shall, directly or indirectly, make a payment f,f ^™f„"'t=^*" •
2 or promise of payment to a political committee or to any person acting .mmc. jf donor.
3 under its authority or in its behalf, in any name except his own; nor ism; 417!
4 shall such committee or person knowingly receive a payment or promise is98'54s,
5 of payment, or enter or cause the same to be entered in the accounts or ft-L.u, 5294.
(; records of such committee, in any other name than that of the person by l^g^i'g/^'^"'
7 whom it is made.
1913, 835. §§350, 503.
1 Section 9. No person, no political committee and no person acting Soliciting, et
X .^ijv^i v^ , r ^ \ . * •, 1 1 IP 1 11 1 fromcandida
■andidates
2 under the authority of a political committee or in its behalf, shall de- forbidden.
ti i«l RQ'? 4.1 fi Jit
o mand, solicit, ask or invite from a candidate for nomination or election isosUi?;
4 to public office, or a person occupying an elective public office, any pay- f8||%48,
5 ment or gift of money or other valuable thing, or promise of payment or f^^sf-jj ^ ^^^
6 gift of nioney or other valuable thing for advertising, gratuities, dona- \i°J^_^^°-
7 tions, tickets, programs, or any other purpose whatsoever; and no isu/bto, § s.
..,„ .. 1 * 1 • liJlO, 0.50,
8 such candidate for nomination or election, and no one occupying an §§351,503.
9 elective public office, shall make any such payment or gift, or promise to
10 make any such payment or gift, to any person, political committee, or
11 any person acting under the authority of a political committee, if such
12 person or political committee has demanded, solicited, asked, or invited
13 from him any such payment, gift or promise of payment or gift; but
14 this section shall not apply to the soliciting or making in good faith of
15 gifts for charitable or religious purposes.
1 Section 10. No political committee, and no person acting under Political com-
2 its authority or in its behalf, shall demand or solicit from any candidate d"mand"o°
3 for nomination to elective office, or from any one acting in his behalf, a !„ "orinS-''
4 payment of money or a promise of payment of money, as a prerequisite fsSosfss""'
5 to his obtaining from such committee or its agent the nomination papers i«^'|^|35,^
6 required bv sections ninety-five to one hundred and one, inclusive, of [p.n^^y, chap.
7 chapter fifty-three. 5«' ^ ^^^ '
1 Section 11. No person holding any public office or employment. Public officers
^ , , " • *. 1 11 1* J.1 and employees
2 under the commonwealth or any county, city or town, shall directly or forbidden to
3 indirectly demand, solicit or receive, or be concerned in demanding, contrib''uUoD™'
4 soliciting or recei\'ing any gift, payment, contribution, assessment, sub- \fl- \l%\l\
5 scription or promise of money or other thing of value for the political i^is, ub, § 1.
6 campaign purposes of any candidate for public office or of any political g^^^"^^^'
7 committee, or for any political purpose whatever; but this section shall §§56,60!)
8 not prevent such persons from being members of political organizations
9 or committees.
1 Section 12. No person shall in anv building or part thereof occu- Soliciting pa-
. ' . . , ' 1 1 !• 'j. • litical contri-
2 pied for state, county or municipal purposes demand, solicit or receive bmions in
3 any payment or gift of money or other thing of value for the purposes fngg forbTdden.
4 set forth in section eleven.
1884, 320, § 7. R. L. 19, § 27. 1918. 146, § 2.
[Penalties, Cliap. 56, §§ 56, 60.]
1 Section 13. No officer, clerk or other person in the service of the j^^;'^^|°«^;;°;i.
2 commonwealth or of any countj', city or town shall, directly or indirectly, hutions within
„ . ... 'rr- II • • J • J. the public
3 give or deliver to an oincer, clerk or person m said service, or to any service for-
642 CORRUPT PRACTICES. [Ch.A.P. 55.
bidden in couiicillor, member of the general court, alderman, councilman or com- 4
certain cases. . . " , i t i i • i>
1884, 320, §9. missioner, any money or other valuable thmg on account oi, or to be 5
See 1918, 146.' applied to, the promotion of any political object whatever. 6
(Penalty, Chap. 56, § 61.)
pubHc"scr°vice SECTION 14. No pcrson ill the public service shall, for that reason, 1
not required be Under obligation to contribute to any political fund, or to render any 2
to contribute ... r i i ii i • • ,• i c
or otherwise political scrvicc, and shall not be removed or otherwise preiudiced tor 3
render pohti- j? • , i ^ "
cai service. rCIUSlng tO do SO. 4
1884, 320, § 11. R. h. 19, § 31. 142 Mass. 90. See 1918, 146.
[Penalty, Chap. 56, § 61.]
S^Itate and°°^ SECTION 15. No ofRccr Or employee of the commonwealth or of any 1
M^vic^e^not to couiity, city or town shall discharge, promote, or degrade an officer or 2
teiurelo'^ ^^ employee, or change his official rank or compensation, or promise or 3
contribute. threaten so to do, for giving, withholding or neglecting to make a con- 4
R. l! 19, '§ 28. tribution of money or other valuable thing for a political purpose. 5
142 Mass. 90. See 191S, 146.
[Penalty, Chap. 56, § 61.]
STATEMENTS OF POLITICAL EXPENSES OF CANDIDATES AND COMMITTEES.
fiielte'temcnt's. Section 16. Evcry candidate for nomination for or election to a 1
?9of 38o'§3. piiblic office shall file a statement setting forth each sum of money and 2
1907^560, thing of value paid or promised to him or to a person on his behalf, and 3
1911, 679, §4. each sum of money and thing of value expended, contributed or prom- 4
§§ 362, 503. ised by him or by a person on his behalf, for the purpose of securing or 5
1917! 83. ' in any way affecting his nomination or election to the office, and the 6
i93oi 36^' ^ ^' name of the person or political committee to or by whom the payment, 7
contribution or promise was made and the date thereof, or, if nothing 8
has been paid or promised to him or to a person on his behalf or contrib- 9
uted, expended or promised by him or by a person on his behalf, a 10
statement to that effect. Such a statement shall be filed by a candidate 11
for nomination as aforesaid at a primary or caucus preceding a special 12
state, city or town election, within seven days after such primary or 13
caucus, and by a candidate for nomination as aforesaid at any other 14
primary or caucus, within sixteen days thereafter, and by a candidate 15
for election as aforesaid, within fourteen days after the election. 16
fihfstrtenieSt, Section 17. The treasurer of every political committee M'hich re- 1
i892'"4f6'^§''8 ceives, expends or disburses any money or its equivalent, or incurs any 2
i8|.^.J4i''i liability to pay money, in connection with any nomination or election 3
1898V548. to an amount exceeding twenty dollars, shall, within thirty days after 4
1900, 307. such election, file a statement setting forth all the receipts, expenditures, 5
1907' 5g6, " "' disbursements and liabilities of the committee and of every officer and 6
mlfsss, other person acting under its authority or in its behalf. It shall include 7
il'-s^'s?^''^' ^^^^ amount in each case received, the name of the person or committee 8
from whom received, the date of its receipt, the amount of every expcndi- 9
ture or disbursement, the name of the person or committee to whom it 10
was made, and the date thereof; and, unless such expenditure or dis- 11
bursement was made to another political committee, shall clearly state 12
the purpose of such cxpciuliture or disbursement; also the date and 13
amount of every existing i)roinise or liability, both to and from such 14
committee, remaining unfulfilled and in force when the statement is 15
made, the name of the person or committee to or from whom the unful- 16
filled promise or liability exists, and a clear statement of the purpose for 17
ClIAP. 55.] CORRUPT PRACTICES. 643
18 which the promise or liability was made or incurred. If the ag;gregate
li) reccii)ts or disbursements of a political committee in connection with
20 any nomination or election shall not exceed twenty dollars, or if such a
21 committee has not received, expended or disbursed any money or its
22 equivalent, or incurred any liabiHty, in connection with any nomination
23 or election, the treasurer of the connnittee shall, within thirty days after
24 the election, file a statement setting forth the fact.
1 Section 18. Whoever, acting under the authority or in behalf of a Persons acting
2 political committee, receives any money or its equivalent, or promise toyveTcoounts
3 of the same, or expends or incurs any liability to pay the same, shall, on to trlas^'ur^e'r"
4 demand, and in any event within fourteen days after such receipt, ex- \llf Hf ^ ^•
5 penditure, promise or liability, give to the treasurer a detailed account fglf ^^g
6 of the same, with all vouchers required by this chapter, which shall be § ^ss.
7 a part of the accounts and files of such treasurer.
R. L. 11, § 291. 1907, 560, § 322. 1913, 835, § 359.
1 Section 19. The statement required to be filed by a candidate, Filing of
2 treasurer or other person shall be filed with the clerk of the city or town ciiipficate!'oath.
3 where such candidate, treasurer or other person is a voter. If the nomi- ss^fi^s.'
4 nation to which such statement relates is a nomination to a state or jflg'"^'
5 national office, or the election is a state or national election, a duplicate }|^|' |*|-
6 shall be filed with the state secretary. Whoever makes such a state- § 294.
7 ment shall make oath that it is in all respects correct and true to the best 1904,' 375, § i.'
8 of his knowledge and belief.
1907, 560, § 326. 1913, S35, §§ 363, 503. 1914, 783, § 7.
1 Section 20. All statements shall be preserved for fifteen months statements to
2 after the election to which they relate and shall, under reasonable regu- ^J'^.'"''^'*'^"'^'^'^'
3 lations, be open to public inspection.
1892, 416. § 17. 1898, 548, § 300. 1907, 560, § 331. 1914, 7S3. § 7.
1893, 417, § 242. R. L. 11, § 303. 1913, 835, §§ 368, 503.
1 Section 21 . The state secretary shall at the expense of the common- Blanks to be
2 wealth furnish to city and town clerks blanks in form approved by him IS^emlnts!"^
3 and by the attorney general, suitable for the statements required by }|^|' j\f ^ ^^■
4 law. On receipt of a list of candidates for public office before a caucus fgls^s^g
5 or primary, or upon the filing of a nomination before a municipal elec- * 302.
6 tion the city or town clerk shall transmit to the candidate or candidates 1904, 375, § e."'
7 put in nomination, and to the treasurers of political committees, the §"333.^''°'
8 blanks above described. Upon the filing of a nomination before a state Is's^ro^^slis.
9 or national election, the state secretary shall transmit to the candidate
10 or candidates put in nomination, and to the treasurers of the political
1 1 committees, the blanks above described. Such blanks shall be furnished,
12 upon application, to any person required to file a statement.
1 Section 22. The state secretary shall inspect all statements of candi- statements to
2 dates filed with him, and the clerks of cities or towns shall inspect all such andSS-'^.
3 statements relating to nominations and to city or town elections filed with is94,'24S."^° '
4 them, within thirty days, and all other statements within sixty days, after flgsT m
5 the election to which they relate, and if upon examination of the official iIosTmI.
6 ballot it appears that any person has failed to file a statement as required ^^ l^^ii"^^'
7 by law, or if it appears to the state secretary that any such statement filed §§ 298. 300.
8 with him does not conform to law, or if it appears to a city or town clerk §§ 2,' 4.
9 that such statement relating to a city or town nomination or election §^327.^^'''
644
CORRUPT PRACTICES.
[Chap. 55.
1913, 835,
§364.
1914, 783, § 8.
1928, 212, § 8.
does not conform to law, or upon written complaint by five registered 10
voters that a statement does not conform to law, or that any person has 1 1
failed to file a statement required by law, the state secretary or city or 12
town clerk .shall in writing notify the delinquent person. Such complaint 13
shall state in detail the grounds of objection, shall be sworn to by one of 14
the subscribers, and shall be filed with the state secretary or with the 15
proper city or town clerk within forty days after the election in question, 16
or within ten days after the filing of a statement or amended statement. 17
Attorney
general to be
notified, etc,
1892, 416, § 13.
1893, 417,
§ 239.
1894, 248,
§§4,5.
1895, 242.
§§4,5.
1898, 548,
§§ 296, 297.
R. L. 11,
§§ 299, 300.
1904, 373,
§§ 3, 4.
1907, 660,
§328.
Section 23. Upon failure to file a statement within ten days after 1
receiving notice under the preceding section, or if any statement filed 2
after receiving such notice discloses any violation of any provision of this 3
chapter, the state secretary or the city or town clerk, as the case may be, 4
shall notify the attorney general thereof and shall furnish him with copies 5
of all papers relating thereto, and the attorney general, within two 6
months thereafter, shall examine every such case, and if satisfied that 7
there is cause, he shall in the name of the commonwealth institute appro- 8
priate civil proceedings or refer the case to the proper district attorney 9
for such action as may be appropriate in the criminal courts. 10
1913, 835, §§ 365, 503. 1928, 212, § 9. 165 Mass. 169.
Courts may
compel filing
of statements,
1892, 416, § 13.
1893, 417,
§ 239.
1898, 548,
§298.
R. L. 11, §301.
1904, 375, § 5.
1907, 560,
§329.
1913, 835.
§§ 366, 603.
165 Mass. 169.
Section 24. The supreme judicial or superior court may compel 1
any person failing to file a statement as above required, or filing a state- 2
ment not conforming to the foregoing requirements in respect to its 3
truth, sufficiently in detail, or otherwise, to file a sufficient statement, 4
upon the ajjplication of the attorney general or district attorney or peti- 5
tion of any candidate voted for, or of any five persons qualified to vote 6
at the election on account of which the expenditures, or any part thereof, 7
were made or are alleged to have been made. Such petition shall be 8
filed within sixty days after such election, if the statement was filed 9
within the thirty days required, but a petition may be filed within thirty 10
days of any payment not included in the statement so filed. Proceedings 1 1
under this section shall be advanced for speedy trial upon the request of 12
either party. No petition brought under this chapter shall be discon- 13
tinned without the consent of the attorney general. 14
Section 25. No person compelled to testify in any proceedings under
• l\f ^ ^*- the preceding section shall be liable to criminal prosecution for any
matters or causes in respect of which he shall be examined or to which
his testimony shall relate, except to prosecution for perjury committed
Immunity
of witness.
1892
1893,
§240
1898, 548,
§299.
R. L. 11, § 302. . 1 ., .^■
1907,560, §330. in such testimony
1913, 835, 5 §367, 503.
Bribery and
corruption
forbidden.
1876, 172, § 2.
P. S. 7, § 61.
CERTAIN PRACTICES FORBIDDEN.
Section 26. No person shall, directly or indirectly, pay, give or 1
promise to a voter, any gift or reward to influence his vote or to induce 2
him to withhold his vote. 3
1890. 423. §§ 136, 137.
1893,417, §333.
1898,548, §411.
R. L. 11, §415.
IPenalty, Chap. 56, § 63.)
1907,560, §449
1913, 835, §§ 490, 503.
Influencing SECTION 27. No pcrson shall, by threatening to discharge a person 1
voter in con- - , . , , . i i • i • ' ^ ' n
ncction v.ith from his employment or to reduce his wages, or l)y promismg to give J
forbiddra!"' him emiiloyment at higher wages, attempt to influence a \ottr to give 3
Chap. 55.] corrupt practices. 645
4 or to withhold his vote, or, because of the giving or withholding of a i85|,32i.^^
5 vote, discharge a person from his employment or reduce his wages. p.' s. 7,' § eo.'
1890.423,5136. 1898. 548. §410. 1907. .500. § 44.S.
1893,417. §3,37. R. L. 11, § 414. 1913, 835, §5 489, 503,
1894.209. § 1; 508, §§5,58.
(Penalty, Chap. 56, § 63.1
1 Section 28. No person shall, to aid or promote his nomination or ^^'"^"'^.'JJ^ ^^
2 election to a public office, directly or indirectly promise to appoint or appoiutment,
3 to secure or assist in securing the appointment, nomination or election i892,«6"§T
4 of another person to a public position or employment or to a position of fMi*^'''
5 honor, trust or emolument, except that he may announce or define what fllj ^'**'
6 is his choice or purpose in relation to an election in which he may be fgo7;566,|3i5:
7 called to take part, if elected.
1913, 835, §§347, 503.
1 Section 29. No person holding a public office or in nomination for, p™™;'^^^^^"^^^
2 or seeking a nomination for, or appointment to, an office, shall corruptly etc.forpoUti-
3 use or promise to use, directly or indirectly, any official authority or bidden'™ °''
4 influence to confer upon any person, or to aid a person to obtain, an r.^l. i9°'§y^'
5 office or public employment, or a nomination, confirmation, promotion [p^n^ity, chap.
6 or increase of salary, upon the consideration or condition that the vote, so, § ei.i
7 political influence or action of any person shall be given or used in behalf
8 of a candidate, officer or party, or upon any other corrupt condition or
9 consideration.
1 Section 30. No person in the service of the commonwealth or of ^u\\°ritf ot '
2 any county, city or town shall use his official authority or influence to 'Jjfj."™poht'icai
3 coerce the political action of any person or body, or to interfere with any ^^t'^o^^'""^-
4 election.
1884, 320, § 10. R. L. 19, § 30.
[Penalty, Chap. 56, § 61.)
1 Section 31. No member of the general court or paid officer or em- Certain
2 ployee of the commonwealth shall promote or oppose, for a valuable not'^to^romote
3 consideration other than reimbursement for expenses actually incurred, hire^cenaii""^
4 the acceptance by the voters of any political subdivision of the common- "ojedTnat ''^
5 wealth of any law conditioned to take eft'ect therein upon such accept- ^j^J^""''^^.^
6 ance, or of any law or proposed law or constitutional amendment sub- arts. 76-107.)
7 mitted under the forty-eighth amendment to the constitution, or an §§i,'3.
8 expression of opinion by the voters on any question of public policy.
[Penalty, Chap. 56, § 64.]
1 Section 32. No person shall pay the owner, editor, publisher, or Payments for
2 agent of a newspaper or other periodical to induce him editorially to por't?"nd''"heir
3 advocate or oppose any candidate for public office or political principle, b^dd'™. ^°''
4 or any question submitted to the voters; and no such owner, editor, Jg?o; 55,''§^2^'
5 publisher, or agent shall accept such payment. This section shall not \V^^^-^^^q^
6 apply to the outright purchase of such newspaper or periodical.
[Penalty, Chap. 56, § 62.)
•
1 Section 33. No person shall publish or cause to be published in a Publication of
2 newspaper or other periodical, either in its advertising or reading columns, cai advertise-
3 any paid matter designed or tending to aid, injure, or defeat any candi- bidden." Ad-
4 date for public office or any question submitted to the voters, unless the tobe nTaXd
5 name of the chairman or secretary or the names of two officers of the ^ggy'^jji^
6 political or other organization inserting the same, or the name of some § i ^^ ^
646
CORRUPT PRACTICES.
[Chap. 55.
1913, 835,
§§ 3.54, 503.
1920, 256.
voter who is responsible therefor, with his residence and the street and 7
number thereof, if any, appear therein in the nature of a signature. Such 8
[Penalty. Chap, matter inserted in reading columns shall be preceded or followed by the 9
word "Advertisement" in a separate line, in type not smaller than that 10
of the body type of the newspaper or other periodical. This section 11
shall not authorize expenditures otherwise prohibited by this chapter. 12
56, § 62.]
of^mk^T^^ Section 33A. No organization consisting of two or more persons,
tSn'organiza-' otlicr than a political committee duly elected in accordance with law or
1923 98 "IT''' ^ corporation organized prior to January first, nineteen hundred and
, . p. twenty-three, under the laws of this commonwealth and having as a
56, §62A.i ' part of its name the name of a political party, as defined by law, shall,
in order to promote the success or defeat of a political party or principle
or of a candidate in a public election, in any circular, advertisement or
publication use in its organization name the name of such a political
party, except with the written consent of the duly elected state commit-
tee representing such political party.
1
2
3
4
5
6
7
8
9
10
Certain un-
signed circulars
and posters
forbidden.
1890, 381.
1893, 417,
§322.
1898, 548,
§394.
R. L. 11, §398.
1907, 560,
§430.
1910, 55, § 3.
1913, 835.
§§470,503.
[Penalty, Chap.
66, § 65.)
Section 34. No person shall intentionally write, print, post or dis- 1
tribute, or cause to be written, printed, posted or distributed, a circular 2
or poster designed or tending to injure or defeat any candidate for nomi- 3
nation or election to any public office, by criticising his personal char- 4
acter or political action, or designed or tending to aid, injure, or defeat 5
any question submitted to the voters, unless there appears upon such 6
circular or poster in a conspicuous place either the names of the chair- 7
man and secretary, or of two officers of the political or other organiza- 8
tion issuing the same, or of some voter who is responsible therefor, with 9
his name and residence, and the street and number thereof, if any. 10
False state-
ments in rela-
tion to
candidates
forbidden.
1922, 269, § 1.
1926, 101.
Section 34A. No person shall make or publish, or cause to be made 1
or published, any false statement in relation to any candidate for nomi- 2
nation or election to public office, which is designed or tends to aid or to 3
injure or defeat such candidate. 4
[Penalty, Chap. 56, § 64A.1
Payments for
naturalization
fees, etc.,
forbidden.
1893, 376;
417, § 237.
189S, 548,
§293.
Section 35. No political committee and no person required to file
a statement shall make any payment or promise of payment of money
to or in behalf of any person for naturalization fees or for services as
counsel or otherwise in assisting any one to obtain naturalization.
R. L. 11, § 296. 1907, 560, § 320. 1913, 835, §§ 357, 503.
Corrupt prac-
tice by candi-
date defined.
1914, 783,
§§7,9.
1918, 146,
§§3,4.
1922, 269, § 2.
228 Mass. 03.
[Penalties,
Chap. 56,
§§56,60.1
(Penalty, Chap.
66. § 63.)
[Penalty. Chap.
50, § 64A.1
GENERAL PROVISIONS RELATIVE TO CORRUPT PRACTICES.
Section 36. A candidate shall be deemed to have committed a cor- 1
rupt practice who, either by himself or by another, commits any of the 2
following ofi'ences: 3
Violation of.the provisions of section one relative to the expenditure 4
of money in excess of the amounts therein authorized. 5
Violation of any provision of section ele\'en or twelve. 6
Making a false return in any statement filed under sections sixteen and 7
nineteen. 8
Violation of any provision of section twenty-six. 9
Violation of any provision of section tiiirty-four A. 10
CllAP. 55.] CORRUPT PRACTICES. 647
1 1 Aiding or abetting, either by Iiimself or another, a person not entitled gg'^T 3^] *-"'*P'
12 to vote, in voting or attempting to vote at a primary or election, or in
lo voting or attempting to vote under a name other than his own, or in
14 casting or attempting to cast more than one ballot.
15 Either by himself or another, fraudulently and wilfully obstructing and chap'56%536
1() delaying a voter, interfering with, hindering or preventing an election ?MMi',
17 officer from performing his duties, forging an endorsement upon, alter-
18 ing, destroying or defacing a ballot, tampering with or injuring or at-
19 tempting to injure any voting machine or ballot box to be used or being
20 used in a primary or election, or preventing or attempting to prevent
21 the correct operation of such machine or box.
1 Section 37. (a) If five or more voters have reasonable cause to Election peti-
2 believe that a corrupt practice, as defined in the preceding section, has rupt* practices.
3 been committed by any successful candidate, other than a candidate lois! 257! § 19!
4 for the United States congress, or for the general court, for whom such Jgoo! 2.
5 voters had the right to vote, with reference to his election, or by any other ^^^ ^lH^- H^-
6 person in his interest or behalf with reference thereto, such voters may
7 apply to a justice of the superior court, sitting in equity within and for
8 Suffolk county, for lea\e to bring an election petition against such can-
9 didate praying that the election of such candidate be declared void. Such
10 application shall be subscribed and sworn to by the petitioners and it
1 1 shall be heard ex parte by the justice of the superior court in a summary
12 manner and upon such evidence as he may require; and if the petitioners
13 shall establish to his satisfaction that there is reasonable cause to be-
14 iieve that a corrupt practice has been committed with reference to the
15 election of the candidate in question, and that upon the evidence obtain-
16 able there is reasonable cause to believe that such violations may be
17 proved, he shall make an order granting leave to the petitioners to bring
IS an election petition against such candidate.
19 (b) After the entry of such order, and within two months after the Entry, notice.
20 election to which it relates, the election petition may be filed in the '"^"°'' '""'■
21 superior court within and for Suffolk county.
22 Notice of the petition shall be by writ of subpoena according to the
23 usual course of proceedings in equity and shall be returnable fourteen
24 days after the date on which the petition is filed.
25 A subpoena issued upon an election petition shall be served not less
26 than seven days before the return day.
27 A defence to an election petition shall be by answer, filed within seven
28 days after the return day, and no replication need be filed.
29 Election petitions shall be entered on the equity docket.
30 (e) Election petitions and all motions and other applications, whether To be heard by
31 interlocutory or final, and all hearings on the merits or upon the making, etc" '"°
32 entering or modifying of decrees therein shall be heard and determined ^~*
33 by three justices of the superior court who shall, immediately following
34 the filing of an election petition, be assigned by the chief justice of said
35 court for the hearing and determination of all matters arising under elec-
36 tion petitions prior to the next state election. No reference to a master
37 shall be had upon any matter arising under an election petition, except
38 in matters of fact relating to financial statements and the examination
39 of accounts and vouchers. All proceedings under election petitions shall
40 have precedence over any case of a different nature pending in any court,
41 and the justices of the superior court may from time to time make such
42 rules regulating the practice and proceedings in matters of such election
648
CORRUPT PRACTICES.
[Chap. 55.
Decision of
three justices
to be final.
Case may be
reported.
Defences.
Court may
make final
disposition
conditional,
etc.
Decree upon
finding of
corrupt
practice.
Immunity,
etc., of witness.
petitions, not inconsistent witii this chapter, as they deem expedient. 4.3
In the absence of any such rules, the practice and procedure in election 44
petitions shall be governed by such laws or rules of court, not inconsistent 45
with this chapter, as may from time to time be in force relating to the 45
practice and proceedings in matters of equity. 47
{(l) Upon an election petition the decision of the three justices of the 48
superior court assigned as aforesaid, or of a majority of them, shall be 49
final and conclusive upon all matters in controversy, whether inter- 50
locutory or final, and whether in matters of fact or matters of law. But 51
the said justices, or a majority of them, may, after a finding of facts, 52
either of their own motion or at the request of either party, report the 53
case to the supreme judicial court for determination by the full court; 54
and thereupon like proceedings shall be had as upon a report after a 55
finding of facts by a justice of the superior court in equity proceedings. 56
(e) If upon an election petition one or more violations of the preced- 57
ing section are proved, it shall be a defence to the petition if the de- 58
fendant establishes to the satisfaction of a majority of the justices hear- 59
ing the same, with reference to all of said violations, the following: 60
As to every such violation, either that 61
(1) Such violation was not committed by the candidate or by any 62
person with his knowledge and in his behalf, but was committed con- 6.3
trary to the orders and without the sanction or connivance of the 64
candidate; 65
(2) The participation, if any, of the candidate in such violation, arose 66
from inadvertence or from accidental miscalculation, or from some other 67
reasonable cause of a like nature, and in any case did not arise from any 68
want of good faith ; 69
(3) The candidate took all reasonable means for preventing the com- 70
mission of violations of this chapter with reference to the election in 71
question; 72
(4) The violations in question were of a trivial, unimportant and 73
limited character. 74
(/) The court may by an order make the final disposition of an election 75
petition conditional upon the filing of a statement required by this chap- 7()
ter in a modified form, or within an extended time, and upon compli- 77
ance with such other terms as the court may deem best calculated to 78
carry into effect the objects hereof, antl in such case the court shall 79
require, within a time certain, further proof as to the compliance with 80
the conditions of such order, whereupon a final decree shall be entered. SI
(g) If upon the hearing of an election petition a majority of the justices 82
hearing the same shall find that in relation to the election of the can- 83
didate in question a corrupt practice, as defined in the preceding sec- 84
tion, was committed, either by the defendant or by any person in his 85
interest or behalf, a decree shall be entered subject to the limitations and S()
conditions hereinbefore prescribed, declaring void the election of the 87
defendant to the office in question, and ousting and excluding him from 88
such office and declaring the oflice vacant. 89
(A) No person called to testify upon an election petition shall be ex- 90
cused from testifying or producing any papers on the ground that his 91
testimony may tend to criminate him or subject him to a penalty or 92
forfeiture; but he shall not be prosecuted or subjected to any i)eiialty 93
or forfeiture except forfeiture of election to office, for or on account of 94
any action, matter or thing concerning which he may so testify, except 95
for perjury committed in such testimony. 96
Chap. 55.] election inquests. 649
97 (/) No decree entered upon an election petition shall be a bar to or Decree no bar
9S affect in any way any criminal prosecution of any candidate or other ,)roVo™tion,
99 person, or any inquest in accordance with sections thirty-nine to forty- ''^'''
100 five, inclusive.
101 (j) A certified copy of any final decree entered upon an election peti- Certified copy
102 tion, as provided by this chapter, shall forthwith be transmitted by the oitomn^n-
lOo clerk to the state secretary; and any vacancy in any office created by o^vacancy.""*
104 any such decree shall be filled in the manner provided by law in case
105 of the death of the incumbent, but in no case shall the candidate so ex-
10() eluded from the office be eligible therefor.
107 (/.■) If upon the hearing of an election petition it shall appear to a Notice to dis-
108 majority of the justices hearing the same that with reference to the elec- process, etc.
109 tion in question there is a reasonable presumption that any violation
110 of this chapter was committed, they shall cause notice of the facts to
111 be given by the clerk of said court to the district attorney for the county
112 where the violation appears to have been committed, with a list of the
li;5 witnesses to establish the violation, and any other information which
114 they may consider proper; and thereupon the district attorney shall
115 cause complaint therefor to be made before a court or magistrate hav-
110 ing jurisdiction thereof, or shall present the evidence thereof to the
117 grand jury. If it shall appear that a successful candidate for district
118 attorney has been guilty of any such violation, a majority of said jus-
119 tices shall order the notice of the facts to be given to the attorney gen-
120 eral, who shall designate a district attorney to make such complaint or
121 presentment. A majority of said justices may issue process for the ap-
122 prehension of any person so appearing to have committed a violation of
123 this chapter, and may bind over, as in criminal prosecutions, such wit-
1 24 nesses as they deem necessary to appear and testify at the court having
125 jurisdiction of the crime.
1 Section 38. Sections one to thirty-seven, inclusive, shall apply to ^^^„™^^°f ^Y"
2 all public elections, except of town officers in towns of less than ten to elections.
3 thousand inhabitants, and to elections by the general court and by city fsoS^'ie, §21.
4 councils, and by either branch thereof, and, so far as applicable, to the ^''Ife*^''
5 nomination by primaries, caucuses, conventions and nomination papers ^^loi^*^'
6 of candidates to be voted for at such elections. The term " political f^^- H^^ ^oe.
7 committee" as defined in section one of chapter fifty shall not apply to ftj'j^gigjj
8 the proprietors and publishers of publications issued at regular inter- s^^^^^^gSos. ^
9 vals, in respect to the ordinary conduct of their business, nor shall they, ms! 212,' § 10!
10 in respect thereto, be subject to sections two to five, inclusive, of this 22s Mass. 63.'
11 chapter.
ELECTION inquests.
1 Section 39. Upon a complaint subscribed and sworn to by any inquests upon
2 person before a district court or trial justice, alleging that reasonable election laws.
3 grounds exist for believing that any law relating to the assessment, ligsilts!
4 qualification or registration of voters, or to voting lists or ballots, or to Ij^l*!!, § 307.
5 primaries, caucuses, conventions and elections, or to any matters per- f^^^^^"'
6 taining thereto, has been violated, such court or justice may at once i^is^sss.^
7 hold an inquest to inquire into such alleged violation of law. See 1963, 454.
1 Section 40. The court or trial justice may exclude all persons whose Craduct of
2 presence is not necessary at such inquest; and may also direct the wit- 1895,355, §2.
3 nesses to be kept so separated that they cannot converse with each other § 305.
650
[Chaps. 55, 5G.
R-^. 11. 5 308. until they have been examined. The attorney general, the district
§ 336. ' attorney, or some person designated by either, shall attend the inquest
1913. 835, 1 ■ .ti -x J > ^
§1 373, 503. and examine the witnesses.
^tendl^nc'e, SECTION 41. Such court, justice OF attorney may issue subpoenas
i895,''355, § 3. ^or witnesses, who shall be allowed the same fees, whose attendance
s^loe^**' ™^y ^^ enforced in the same manner, and who shall be subject to the
R-Lii. §309. same penalties, as if served with a subpoena in behalf of the common-
§ 337. ' wealth in a criminal prosecution before such court or trial justice.
1913, 835, §§ 374, 503.
i895?355! M. Section 42. Such court or trial justice may employ a stenographer
1898, 548, g^j^j jjjj^y liuve the proceedings reduced to writing; and if he finds that
1907 560^^^°' ^'^® ^^^ ^^^ been violated, shall report to the superior court all the ina-
§ 338. ' terial facts and the names of any persons guilty of any such violation.
1913,835, §§375,503.
Witnesses may
be bound over,
Section 43. The court or trial justice may bind over, as in criminal 1
1898 548 ^ ^' prosecutions, such witnesses as are necessary, or as said attorney may 2
§ 308. designate, to appear and testify in the superior court. 3
R. L. 11, § 311. 1907, 560, § 339. 1913, 835, §§ 376, 503.
Section 44. If a person charged by the report with the commission
Certain per-
sons m-iy be
isosfsssf'fe. of an offence is not in custody, the court or trial justice shall forthwith
1898^548, issue a process for his apprehension; but such process may issue before
R. L. 11, §312. the filing of said report, if otherwise lawful.
1907, 560, § 340. 1913, 835, §§ 377, 503.
Guilty party
may be forced
to testify, and
receive
immunity.
1895, 355, § 7.
1898. 548,
§310.
R. L. 11, §313.
1907. 500,
§341.
1913, 835,
5§ 378, 503.
Section 45. No person shall be excused from testifying or producing
any papers in any inquest proceedings under sections thirty-nine to
forty-four, inclusive, on the ground that his testimony may tend to crim-
inate him or subject him to a penalty or forfeiture, but he shall not be
prosecuted or be subjected to a penalty or forfeiture for or on account
of any action, matter or thing concerning which he may be required so
to testify, except for perjury committed in such testimony.
CHAPTER 56.
VIOLATIONS OF ELECTION LAWS.
Sect.
penalties for offence3 concepning
assessment, listing and registra-
tion of voters.
1. False entry by assessor or assistant.
2. False listing in cities and towns hav-
ing listing boards.
3. Misconduct of registrar or assistant
registrar.
4. Neglect of duty by member of listing
board or police officer in cities and
towns having listing boards.
5. Failure or refusal to give name or in-
formation to assessor, etc.
6. Giving false information to same
officials.
Sect.
7. False oath, etc.
S. Aiding or abetting false oath, etc.
9. Illegal registration, etc.
10. Misconduct at registration.
11. Interference with supervisor.
12. Defacing or removing notice or voting
list.
PEN.A.LTIE3 FOR OFFENCES CONCERNINO
CERTIFICATES OP NOMINATION, NOMI-
NATION PAPERS, PETITIONS, ETC.
13. Forgery, etc., of nomination paper,
etc.
14. Subscribing to false statement in
iiuminatiun paper.
Chap. 56.]
VIOLATIONS OF ELECTION LAWS.
651
Sect.
penalties on officers for offences in
the conduct of primaries. caucuse.s,
conventions and elections.
15. Misconduct of officer of prini:iry.
caucus or convention. Failure to
recount ballots when required.
16. Failure to observe laws relative to
voting at caucuses.
17. Misconduct by supervisor of elections.
IS. Statement by election officer before
public declaration of vote.
19. Failure to make proper entry on ballot
of challenged voter.
20. Giving information relative to vote of
challenged voter.
21. Reading names on ballot at certain
elections.
22. Failure to comply with laws rel.ating
to disposition of b.allots and lists.
23. Unlawful e.\amination of ballots after
election.
24. Failure to make and transmit copies
of record of election.
25. False certificates of result of election.
26. Violation of rules relative to conduct
of primary, caucus or election.
27. Misconduct relating to absent voting.
28. General penalty on officer.
PENALTIES ON INDIVIDUALS FOR OFFENCES
RELATING TO THE CONDUCT OP PRI-
MARIES, CAUCUSES AND ELECTIONS.
Defacing Notices, etc.
29. Penalty for defacing or removing
notice or warrant for primary,
caucus or election.
30. Defacing, etc., list of candidates, in-
structions for voters, etc.
Offences by Voters.
31. Disclosing vote, false answer, etc., by
voter.
32. Illegal voting at caucus.
33. Illegal voting or attempt to vote.
34. Violation of laws relative to absent
voting.
Interference with Voting,
35. Aiding or abetting illegal voting.
36. Interfering with voter.
37. Wilfully obstructing voting.
38. Illegal challenging.
39. Distributing cards, etc., in or near
polling place.
Disorderly Conduct.
40. Disorderly conduct at polling place.
41. Failure to remove cigar, lirjuor, etc.
42. Disobeying election officer, etc.
Sect.
Interference with Officers.
43. Interference with supervisor of elec-
tions.
44. Interference with election officer, city
or town clerk, or election commis-
sioner.
Tampering with Ballots, etc.
45. Obstructing transmission of ballots or
returns.
46. Altering ballots, etc.
47. Malicious injury, etc., of ballot box,
etc.
48. Tampering with voting machine,
ballot box, etc.
49. False endorsement, delay in delivery
of ballots, etc.
50. Placing identifying mark on ballot.
51. Removing ballot from within guard
rail.
52. Fraudulent alteration, etc., of ballot.
53. Giving information as to vote of chal-
lenged voter.
PENALTIES FOR CORRUPT PRACTICES.
54. Person found guilty of corrupt prac-
tice to be disfranchised, etc., for
three years.
55. Enforcement of preceding section.
56. Removal upon conviction of soliciting
contributions.
57. [Repealed.]
58. Penalty for contributions by corpora-
tions.
59. Soliciting money for nomination
papers by committees.
60. Solicitation of contribution by public
officer or in public building.
61. Political contributions and corrupt
practices in the public service.
62. Payments for editorial support, and
unsigned or unmarked advertise-
ments.
62A. Unlawful use of names of political
parties, etc.
63. Bribery, corruption, and influencing
voter in connection with employ-
ment.
64. Promoting or opposing for hire meas-
ures to be voted on at elections.
64A. Making false statements relative to
candidates.
65. Unsigned circulars and posters.
66. Corrupt practice in general.
PROCEDURE AND ENFORCEMENT.
67. Arrest without warrant.
68. Prosecution not to be placed on file,
. etc.
69. Jurisdiction of supreme judicial and
superior courts.
652 VIOLATIONS OF ELECTION LAWS. [ChAP. 56.
PENALTIES FOR OFFENCES CONCERNING ASSESSMENT, LISTING AND REGIS-
TRATION OF VOTERS.
as3es'sof'o7 ''^ Section 1. An assessor or assistant assessor who knowingly enters 1
i89?T23 § 12 ^^ ^^y ^^^^ ^^ assessed polls, or causes or allows to be entered thereon, 2
1892, 351, § 41. the name of any person as a resident of a buildino;, who is not a resident 3
1 295. ' thereof, shall be punished by imprisonment for not more than six months. 4
1898,548, §362. R. L. 11, §366. 1907, 560, § 394. 1913, 835, §§ 434, 503.
Efdties and Section 2. A member of the listing board or a police officer or inter- 1
towns having pretcr in a citv or town having a listing board who knowingly enters on 2
listing boards. *^ ,. „ ' ii i i i r,
1903, 279, § 11. any list or persons, or causes, or allows to be entered thereon, or reports 3
191.3', 835, ' the name of any person as a resident of a building, who is not a resident 4
1915, 91, § 8. thereof, shall be punished by imprisonment for not more than one year. 5
1917, 29. § 13; 106, § 17. 1919, 108, § 17. 1923, 131, § 16.
1918, 282, § 17. 1921, 114, § 6.
of regist'rar*or Section 3. A registrar or assistant registrar who refuses or wilfully 1
J^^'strar ucglects to requifc, under section forty-four of chapter fifty-one, an 2
1874, 376, § 18. applicant for registration to read the five lines from the constitution 3
1884, 298, §51. of the commoiiwealth in such manner as to show that he is neitlier 4
1892! 35i! § 42! prompted nor reciting from memory, or to write his name in the register, 5
rS*^^' unless he is prevented by physical disability from so doing, or unless he 6
1898. 548. j^^jj ^jjg i-jght tQ vote ou May first, eighteen hundred and fifty-seven, or 7
Pnnv' JJ^ ^ ^^^' distinctly to announce the name of an applicant for registration before 8
1907, ofaU, .•,. , . ii'i
§ 395. entering his name upon the register, or who knowingly prevents or seeks 9
§§ 435.' 503. to prevent the registration of any legal voter, or who knowingly registers 10
i2i>ick^485.' the name of any person not qualified to vote, or who is guilty of any 11
5 Met. 298. fraud or corrupt conduct in the execution of the duties of his office, shall 12
be punished by imprisonment for not more than six months. 13
by mmiber^of'^ Section 4. A member of the listing board or a police officer in a city 1
''oiice officer ?n ^^ towu haviug a listing board upon whom a duty is imposed by any 2
cities and law relating to the listing or registration of voters, who refuses or wil- 3
listing boards, fully fails to perform such duty, or who wilfully performs it contrary to 4
1907! 56o; ' law, shall, if no other penalty is specifically provided, be punished by 5
^^^^' imprisonment for not more than one year. 6
1913, 835, §§ 437, 503. 1917, 106, § 8. 1923, 131, § 17.
toaUogivr Section 5. Whoever, being an inmate of a building and a resident 1
Rfrmatlon^to twcuty ycars of age or upward, refuses or neglects to gi\'e his or her true 2
assessor, etc. name whcn asked by an assessor or assistant assessor or, in a city or town 3
1892! 35i! § 46! havlug a listing board, by a member of the listing board or a police officer, 4
§ 313. ' or whoever, being an owner or occupant of a building, or a clerk, superin- 5
Tsli^**' tendent, manager or other person having in charge the affairs of a hotel 6
foos 279^^1.3' or lodging house, refuses or neglects to give the full and true informa- 7
1907' 560 ^ ^' ^'*'" within his or her knowledge relating to all persons residing in such 8
§§417,418. building, when asked by such assessor or other officer, shall be punished 9
§§457,458,503. by imprisonment for not more than three months. 10
1915, 91, § 9. 1918, 282, § 18. 1921, 114, § 7.
1917. 29, § 14; 106, § 18. 1919, 108, § 18. 1923, 131, § 18.
h.f ormut'ion to SECTION 6. Whocvcr knowingly gi\-es to an assessor or assistant 1
?^',',o ?.'?,"''.'^;„ assessor, for the purpo.se of the assessment of a poll tax or in a citv or town 2
1892, 3ol, § 46. . '..;', , !■ 1 !• • I 1 !■ If ..
1893. 417, having a listing board to a member ol tlie listing board or a police onicer, 3
Chap. 56.] violation.s of election l.\ws. 653
4 for the purpose of making a list of residents twenty years of age or up- isos, 54s,
5 ward or a report under the laws relating to listing and registration of r^u n. §388.
G voters in said cities and towns, the name of any person as a resident of a Jgoy; |go; * "
7 building, who is not a resident thereof, shall be punished by imprison- iV/g^ggg
8 ment for not more than one year. §§ 459, 563.
1915, 91, § 10. iniS, 2S2, § 19. 1921, 114, § 8.
1917, 29, § 15; 100, § 19. 1919, 108, § 19. 1923, 131, § 19.
1 Section 7. Whoever knowingly or wilfully makes a false affidavit, F.aise oath. etc.
2 takes a false oath or signs a false certificate relative to the qualifications of r. s.' 3, '§'8. '
0 any person for assessment, listing or registration, or in Chelsea, Revere isvV.IVe.T'ie.
4 or AVatertown for being given a certificate of residence by the assessors, r s'.'|,'§3i.'^'
5 shall be punished by imprisonment for not more than one year.
1884, 293, § 33. 1903, 279, § 15. 1919. 5; 108, § 20.
1890, 423, § 63. 1907, 560, § 420. 1920. 2.
1892, 351. § 44. 1913. 835, §§ 460, 503. 1921, 486, 5 14.
1893. 417. § 315. 1915,91.8 11. 1923, 131, § 20.
1898, 548, S 385. 1917, 29, § 16; 106, § 20. 1925, 84, 5 10.
R. L. 11, § 389. 1918, 257, § 24; 282, § 20. 7 Allen, 155.
1 Section S. Whoever in a city or town having a listing board aids or Aiding or
2 abets a person in knowingly or wilfully making a false affidavit, taking a Satt.'etl-.''^'^
3 false oath or signing a false certificate, relative to the qualifications of i907;56o,'§42i.
4 any person for being listed as a resident thereof, or in Chelsea, Revere or l^^^eu^sos.
5 Watertown for being given a certificate of such residence by the assessors, J^}^' -J!^ ^^f^
G shall be punished by imprisonment for not more than one year.
1919, 5; 108, § 21. 1920, 2. 1923, 131, § 21. 1925, 84, § 11.
1 Section 9. Whoever causes or attempts to cause his name to be illegal regis-
2 registered, knowing that he is not a qualified voter in the place of such i8i3?6'8rr4.
3 registration or attempted registration; whoever registers or attempts §1 §! e! 1 16.
4 to register under a name other than his own; whoever represents or }||f;iio;|7®'
5 attempts to represent himself as some other person to any election com- ^^^^ 2'98\^'52
G missioner, registrar or assistant registrar; whoever gives a false answer to i89o.' 423! § 62.
7 any election commissioner, registrar or assistant registrar respecting any 1893,' 417]
8 matter relating to his registration or his right to vote; whoever other- i896,547, §7.
9 wise illegally registers or attempts to register; or whoever aids or abets \lll\ Ha, ^ '''
10 any other person in doing any of the acts above mentioned, shall be r^l^h, §390.
1 1 punished by imprisonment for not more than one year.
1904. 310. § 2. 1907, 560, § 422. 1913, 835, |§ 462, 503. 7 .Mien, 155.
1 Section 10. W'hoever refuses to obey the lawful orders or directions Misconduot at
2 of an election commissioner, a registrar or assistant registrar, or interrupts ils'l, 298, § 4i.
3 or disturbs the proceedings at any registration shall be punished by a Jlgl; HI] ^ *^'
4 fine of not more than one hundred dollars. ^ •'^^■
1S9S, 548, § 387. R. L. 11. § 391. 1907, 500, § 423. 1913, 835, §§ 463, 503.
1 Section 11. Whoever interferes with, or aids or abets any person interference
2 in interfering with, any supervisor of registration in the performance of rs84,^298^1'*5o;
3 his duty, shall be punished by imprisonment for not more than one year. {^93; lu] ^ **'
1898, 548, § 388. R. L. 11, § 392. 1907, 500, § 424. 1913, 835. §§ 464. 503. §318.
1 Section 12. Whoever wilfully defaces or removes a notice relating Defacing or
2 to the registration of voters, or a ^•oting list, posted according to law, noTice or
3 shall be punished by imprisonment for not more than one year. voting ist.
1883,1.56. . 1892,351,5 44. R. L. 11. §393.
1887. 147. 1893. 417. § 319. 1907. 500, 5 425.
1890, 423, § 64. 1898, 548, § 389. 1913, 835. §§ 405, 503.
654
VIOLATIONS OF ELECTION LAWS.
[Ch.\p. 56.
Forgery, etc.,
of nomination
paper, etc.
1888. 436, § 29.
1SS9, 413, § 29.
1893, 417,
§ 321.
1897. 530. § 15.
1898, 518,
§ 392.
R. L. 11,
1907, .560,
§ 428.
1913. 835.
§§468, 503.
§396.
PENALTIES FOR OFFENCES CONCERNING CERTIFICATES OF NOMINATION,
NOMINATION PAPERS, PETITIONS, ETC.
Section 13. Whoever falsely makes or wilfully alters, defaces, muti-
lates, destroys or suppresses a certificate of nomination or nomination
paper, or letter of withdrawal of a name from such paper, or an initiative
petition or a petition for the submission of a question to the voters, or
unlawfully signs any such certificate, paper, letter or petition, or files any
such certificate, paper, letter or petition, knowing the same to be falsely
made or altered, shall be punished by imprisonment for not more than
one year.
1923, 183.
163 Mass. 539.
260 Mass. 423.
Mse slSe'nt SECTION 14, Whocvcr knowingly subscribes falsely to a statement on 1
in nomination ^ primary nomination paper shall be punished by im])risonment for not 2
1911, 550, § 5. more than five days or by a fine not exceeding fifty dollars. 3
1913, 835, §§ 133, 503.
Misconduct
of officer of
primary, caucus
or convention.
Failure to
recount ballots
when required.
1888, 441. § 5.
1S93. 417,
§ 297.
1896, 435, § 5.
1898, 548,
5 364.
E. L. 11. I 368.
1907, 560,
§ 398.
1913. 835,
§§438,503.
Failure to
observe laws
relative to
voting at
caucuses.
PENALTIES ON OFFICERS FOR OFFENCES IN THE CONDUCT OF PRIMARIES,
CAUCUSES, CONVENTIONS AND ELECTIONS.
Section 15. An officer of a primary, caucus or convention who
knowingly makes any false count of ballots or votes, or makes a false
statement or declaration of the result of a ballot or vote, or knowingly
refuses to receive any ballot offered by a person qualified to vote at such
primary, caucus or convention, or wilfully alters, defaces or destroys any
ballot cast, or voting list used thereat, before the requirements of law
have been complied with, or refuses or wilfully fails to receive any written
request made as thereby required, or refuses or wilfully fails to perform
any duty or obligation imposed thereby shall be punished by imprison-
ment for not more than three months.
Any presiding officer, secretary or clerk of a caucus who wilfully neg-
lects or refuses to comply with section eighty-seven of chapter fifty-three 12
shall be punished by a fine of not more than fifty dollars. 13
Section 16. A caucus officer violating any provision of section 1
seventy-six of chapter fifty-three shall be punished by imprisonment 2
for not more than one year. 3
1898, 548, § 365. R. L. 11, § 369. 1907,560,1399. 1013, 835, §§ 439, 503.
1
2
3
4
5
6
7
8
9
10
11
1
2
Misconduct by SECTION 17. A supcrvisor appointed under section twenty-three of
IKons" ° chapter fifty-four, violating any provision thereof, shall be punished by
1893; 417: ^ '■ imprisonment for not more than one year. 3
1898, 548, § 366. R. L. 11, § 370. 1907, 560, § 400. 1913, 835, §§ 440, 503.
i298.
Statement by
election officer
before public
declaration
of vote.
Section 18. Any election officer who violates any provision of section 1
sixty-eight of chapter fifty-four shall be punished by imprisonment for not 2
more than one month. "^
1874, 376, §§ 54, 55.
P. S. 7, §§ 53, 54.
1888, 203.
1890, 423, § 124.
1893, 417, § 299.
1898, 548, § 307.
R. L. 11, §371.
1907, 560, §401.
1913, 835, §§ 441, 503.
1930, 204, § 3.
Failure to Section 19. A presiding officer at a caucus, primary or state or city
entry on ballot elcction, or at an election in a town or district at which official ballots are
of^chaiicnged ^^^^^ ^^'^^^^ ^^^^^^^ ^^^^ ^_._^^j^^ ^^ ^ p^,^,^^^^ offcriug to votc is challenged for 3
1
2
Chap. 56.] violations of election law.s. 655
4 any legal cause, wilfully or negligently fails to require the name and resi- i877, 206.
5 dence of such person to be written upon the ballot offered by him, and §j 22-24.
6 to add thereto tiie name of the person challenging and the assigned cause, \ll'^[ 41I; ^ ^^•
7 before such ballot is received, shall be punished by imprisonment for not |g9g"-548,
8 more than one year. 5 sos.
R. L. 11, §372. 1903, 454, §§ 1, 7. 1907, 560, § 402. 1913, 835, §§ 442, 503.
1 Section 20. A primary, election or other officer whose duty it is to Giving infor-
2 recount the ballots cast at a primary or election, who makes any state- "oVote of" '^''
3 ment or gives any information in regard to a ballot cast by a voter chai- vote™^'''^
4 lenged at such primary or election, except as required by law, shall be Hf^f Hf^ ^ ^
5 punished by imprisonment for not more than one year. 8 soi.
1898, S4S, ? 309. 1903, 454, §§ 1, 7. 1913, 335, §§ 443, 503.
R. L. 11, § 373. 1907, 560, § 403.
1 Section 21. A presiding officer who, at a town election at which Reading
2 official ballots are not used, before the polls are closed and without the baiToTar
3 consent of a voter, reads or examines or permits to be read or examined, efec™ns.
4 the names written or printed on the ballot of such voter, in order to {^^'g' ?.5,\^3i.
5 ascertain the persons voted for by him, shall be punished by imprison- p| JI'lls'
6 ment for not more than one month.
1890. 423, 5 221. 1S9S. 548, 5 370. 1907, 560, § 404.
1893,417,5 302. R. L. 11, §374. 1913, 835, §§ 444, 503.
1 Section 22. A primary or election officer who wilfully or negli- Failure to
2 gently violates any provision relating to the enclosing in envelopes, seal- iTws'^reiating
3 ing, endorsing and delivering or transmitting of ballots and voting lists, qtbalLTsand
4 after the votes have been counted and recorded, shall be punished by \p;^i 375 1 45
5 imprisonment for not more than one year.
p. S. 7, 5 30. 1898, .548, § 371. 1907, 560, § 405.
1890. 423, § 99. R. L. U. § 375. 1913, 835, §§ 445, 503.
1893, 417, § 303. 1903, 454, §§ 1, 7.
1 Section 23. A city or town clerk or an election commissioner who unlawful exam-
2 examines or permits to be examined, except as required by law, ballots bSiit" after
3 cast at an election, which are received and retained by him under section isrelTss, § i.
4 one hundred and nine of chapter fifty-four, shall be punished by a fine of p*^s'7^°| 34
5 not more than two hundred dollars.
1884, 299, § 26. 1898. 548, 5 372. 1907, 560, 5 406.
1890, 423, § 101. R. L. 11, § 376. 1913, 835, §§ 446, 503.
1893, 417, § 304.
1 Section 24. A city or town clerk or an election commissioner who Failure to
2 fails to make a record of votes cast at an election and to make and trans- "ransntit'^
3 mit copies of any such record, as required by chapter fifty-four, shall be o? eiecUon^.""^
4 punished by a fine of not more than two hundred dollars; but if a copy q^s'|^s'5\8'
5 of the records is deposited in the post office within the time fixed for ss. '
6 transmission or delivery, postpaid and properly addressed, it shall be a 66. '
7 bar to any complaint for delinquency.
1890, 423, §§ no, 141. R. L. 11, §377. 1913. 835. §§ 447, 503.
1893, 417, §§ 202, 305. 1907, 560, § 407. 180 Mass. 382.
1898, 548, § 373.
1 Section 25. A city or town clerk, precinct clerk, election commis- False certifi-
2 sioner, mayor, alderman, selectman or other officer, who wilfully signs ofeiertion?
3 or issues a certificate not in accordance with the result of an election as §§ 36, 37.'
4 appearing by the records and copies of records of votes cast, or bj' a re- gi.^' ^' ^^ ^°'
5 count of votes, shall be punished by imprisonment for not more than one j^^fei^'fgo.
6 year.
1893, 417, §§ 306, 307. 1907, 560, §§ 408, 409. 1919, 5.
1898, 548, §§ 374. 375. 1913, 835, §§ 448, 449, 503. 1920, 2.
R. L. 11, §§ 378, 379. 1918, 257, § 20.
65G VIOLATIONS OF ELECTION LAWS. [ChAP. 56.
raTe'rrdatfve SECTION 26. Whoevcr refuses or wilfully neglects to comply with any 1
to conduct of regulation made by the election commissioners, aldermen or selectmen 2
caucus or relati\'e to the manner of receiving, coimting and returning votes cast at 3
1884, 299, 5 IS. a primary, caucus or election, or relative to the use of seals and ballot 4
1893! 41?! ^ ^^' boxes, shall be punished by imprisonment for not more than six months. 5
§§ 324, 343. jggg^ 5^g^ J 397 jggy^ 5pn, § 434. 1919. 5.
R. L. 11, § 401. 1913, 83.5, 5§ 475, 503. 1920, 2.
1903, 454, §§ 1, 7. 1918, 257, § 27.
Kiat^iTg^'t'o* Section 27. Whoever, being an officer trusted with the execution of 1
igirMs^ri'i ^^® ^n^vs relative to absent voting, wilfully violates any provision thereof, 2
1919] 289! shall be punished by a fine of not more than five hundred dollars and by 3
imprisonment in jail for not more than one year. 4
on officii'"'"'' Section 28. A public officer, primary, caucus or election officer, or 1
R.^l.'4,*§'u!°' officer or member of a political committee or convention, upon whom a 2
i839^<i2"§ o"^' ^'^'ty is impo.sed by law, who refuses or wilfully fails to perform such duty, 3
G.s.'6,U2; or who wilfully performs it contrary to law, shall, if no other penalty 4
lb, §16.' ' is specifically provided, be punished by a fine of not less than five nor 5
9,' §8; 'lo, §16. more than one thousand dollars, or by imprisonment for not more than 6
1888,430, §30. one year, or both. 7
1889,413,130. 1893, 417, § 308. R. L. 11, §380.
1890, 423, §§ 82, 1896, 547, § 7. 1906, 444, § 13.
119, 140, 16'J, 203. 1897, 296, § 7; 1907, 560, § 410.
1891, 328. 530, § 19. 1913, 835, §§ 450, 503.
1S92, 351, § 4.3. 1898, 548, § 376. 200 Mass. 318.
PENALTIES ON INDIVIDUALS FOR OFFENCES REL.VTING TO THE CONDUCT
OF PRIMARIES, CAUCUSES AND ELECTIONS.
Defacing Notices, etc.
Sdngqrr°m1)v- SECTION 29. Whoevcr wilfully defaces or remo\'es a notice or war- 1
wfr^amTo?"^ rant for a primary, caucus or election posted according to law, shall be 2
cus'or'^ei'ection punishcd by imprisonment for not more than one year. 3
1883,156. 1893, 417, § 319. 1903, 454, §5 1, 7.
1887,147. 1898, 548, § 389. 1907, 560, § 425.
1890,423,5 64. R. L. 11, § 393. 1913, 835, §§ 465, 503.
1892, 351, § 44.
?sf of'randu ' Section 30. Whoever, before a primary or election, wilfully defaces 1
«o*n?'fo!? voters, ^^ dcstrovs any list of candidates posted according to law, or, during 2
1888 436 § "8 * primary, caucus or election, wilfully defaces, tears down, removes 3
1889! 413.' §28. or dcstrovs any card of instruction or specimen ballot posted for the 4
§ 327.^ ' instruction of voters, or during a primary, caucus or election, wilfully 5
§400.'' ' removes or destroys any of the supplies or conveniences furnished to 6
1903! 454,^ *°^' enable a voter to prepare his ballot, shall be punished by a fine of not 7
§§ 1, 7- more than one hundred dollars. S
1907, 560, § 438. 1913, 835, §§ 479, 503.
Offences by I 'uters.
TOte!°S Section 31. Whoever, at a primary, caucus or election, places any 1
b^vote/'"' distinguishing mark upon his ballot, or makes a false statement as to his 2
R°s' !'''§ 8*' ability to mark his ballot, or allows the marking of his ballot to be seen 3
o! s! 7! § 30. by any person for any purpose not authorized by law, or gives a false 4
1888, 436, § '27. answer to or makes a false oath before a presiding oflicer, shall be pun- 5
CiL\P. 50.] VIOLATIONS OF ELECTION LAWS. 657
6 ished by imprisonment for not more than six months or by a fine of not }889, 413, § 27.
7 more than one hundred dollars. 5 iss.
I 21, 22.
1892, 36S.
1903. 4.54, §§1,7.
1918. 257, §§ 2
1893,417, 5§309, 310, 312.
1907, 560, §§ 411, 413.
1919, 5.
1897, 530. § Ifi.
414. 416.
1920, 2.
1898, 548, §§ 377, 379,
1913. 835, §§ 451, 453,
7 Met. 52.
380, 382.
454, 456, 503.
181 Mass. 184.
R. L. 11, §§ 381, 383, 384. 386.
1 Section 32. A voter violating any provision of section seventy-six illegal
2 of chapter fifty-three shall be punished by imprisonment for not more caicul*'
3 than one year.
1898, 548, § 378. R. L. 11, § 382. 1907,500,5 412. 1913. 835, §§ 452, 503.
1 Section 33. Whoever, knowing that he is not a qualified voter in illegal voting
2 any place, wilfully votes or attempts to vote therein; whoever votes or vot'e"*'"''' '"
3 attempts to \ote more than once on his own name, his name having been Jl?"; H] ^ ^■
4 registered more than once; whoever votes or attempts to vote in more ^^^'l\ §§6,7.
5 than one voting precinct or town, his name having been registered in ^jf^^^g
6 more than one voting precinct or town; whoever votes or attempts to }|^;i' 3«-
7 vote on any name other than his own, or knowingly casts or attempts p. s''7;"'
8 to cast more than one ballot at one time of balloting; or whoever votes i884, 2^)9, § 4i.
9 or attempts to vote otherwise illegally; shall be punished by imprison- }||o;423; ^^'
10 ment for not more than one year. This section shall apply to primaries, Ij^^^' '^^'
11 caucuses and elections.
1.893, 417, §311. 1907, 560, § 415. 1920,2.
1898, 648, § 381. 1913, 835, §§ 455, 503. 9 Met. 268.
R. L. 11, §3,8.5. 1918, 257, § 23. 122 Mass. 12.
1903, 454. §§ 1,7. 1919,5. 144 Mass. 144.
1904, 310. § 1.
1 Section 34. Whoever not being entitled to vote under the laws violation of
2 relative to absent voting votes or attemjjts to vote thereunder, or who- to"a>cnt'™
3 ever being entitled to vote under said laws, knowingly votes or attempts l9i'9"*289, § 22.
4 to vote in violation thereof, shall be punished by a fine of not more than
5 five hundred dollars and by imprisonment in jail for not more than one
6 year.
Interference with Voting.
1 Section 35. Whoever, at a primary, caucus or election, aids or abets Aiding or
2 a person, who is not entitled to vote, in voting or attempting to vote, or ^oti"!;"^ '"''^''
3 in voting or attempting to vote under a name other than his own, or in \lll[ 54°; ^ ^^'
4 casting or attempting to cast more than one ballot, shall be punished by |ii^L°'ii, § 394.
5 imprisonment for not more than one year.
1903, 4.54, §§ 1,7. 1913, 835, §§466. 503. 1919.5.
1907, 500, § 426. 1918, 257, § 26. 1920. 2.
[Additional penalties on candidate in certain cases, §§ 54, 55. See Chap. 55, §§ 36, 37.]
1 Section 30. Wlioever wilfully and without lawful authority hinders, interfering
2 delays or interferes with, or aids in hindering, delaying or interfering m4,^299r§ 40.
3 with, a voter while on his way to a primary, caucus or election, while i889;4i3! § 27!
4 within the guard rail, while marking his ballot or while voting or attempt- l^f^s.*^^'
5 ing to vote, or endeavors to induce a voter, before depositing his ballot, If^ig^l^o
6 to disclose how he marks or has marked it, shall be punished by imprison- 1897, 530, § 17.
7 ment for not more than one year.
1898, 548, §§ 390, 402, 403. 1907. 560, §§ 426, 440, 441. 1918, 257, §§ 26, 28.
R. L. 11, §§394, 406. 407. 1913, 835, §§ 466, 481, 1919,5.
1903, 454, §§ 1,7. 482,503. 1920.2.
[Additional penalties on candidate in certain cases, §§ 54, 55. See Chap. 55, §§ 36, 37.]
658
VIOLATIONS OF ELECTION LAWS.
[Chap. 56.
Wilfully
obstructing
voting.
1889, 413, § 28
1893,417, §331,
Section 37. Whoever wilfully obstructs the voting at a primary, 1
caucus or election shall be punished by a fine not of more than one hun- 2
dred dollars. 3
1898, 548, § 404.
R. L. 11, § 408.
1903,454, §§ 1, 7.
1907. 560, S 442.
1913, 835, 5§483, 503.
1918, 257, § 29.
1919, 5.
1920. 2.
Diegai . Section 38. Any person challenging a qualified voter for purposes of 1
challenging. ..... ,. • • i i i i> i -ii i r>
1918,41. intimidation, or oi ascertaining now he voted, or tor any other illegal 2
purpose, shall be punished by a fine of not more than one hundred 3
dollars. 4
Distributing
cards, etc.. in
or near polling
place.
1895, 275. § 2.
1898, 548,
§395.
R. L. 11, § 399.
1907, 560,
8 432.
1913, 835,
§§ 472, 503.
Section 39. Whoever posts, exhibits, circulates or distributes any 1
poster, card, handbill, placard, picture or circular, except a paster to be 2
placed upon the official ballot, intended to influence the action of a voter, 3
in the polling place, in the building where the polling place is located or 4
on the walls thereof, on the premises on which the building stands, or on 5
the sidewalk adjoining said premises, or within one hundred and fifty 6
feet of the entrance to such polling place, shall be punished by a fine of 7
not more than twenty dollars. 8
Disorderly
conduct at
polling place.
1795. 55. § 4.
R. S. 4, § 10.
G. S. 7, § 33.
P. S. 7, § 63.
Disorderly Conduct.
Section 40. Whoever, at a primary, caucus or election, behaves in 1
a disorderly manner, and, after notice from the presiding officer, per- 2
sists in such behavior and refuses to withdraw from the polling place, 3
shall be punished by imprisonment for not more than one month. 4
1890. 423. 5§ 138, 220.
1893, 417, § 3.39.
1898, 548, § 412.
R. L. 11. § 416.
1903. 454. §§1,7.
1907, 560, § 450.
1913, 835. §§ 491, 503.
16 Mass. 385.
Failure to
remove cigar,
liquor, etc.
1881, 273.
P. S. 7, § 64.
1890. 423,
§139.
1893, 417,
§341.
Section 41. Whoever, when so ordered by the presiding officer of an
election, caucus, primary or meeting, refuses or fails to remove any pipe,
cigar, cigarette or liquor, or to withdraw from the polling place, as pro-
vided by section seventy-three of chapter fifty-four, shall be punished
bv a fine of not more than twenty dollars.
1898, 548,
R. L. 11, S
5 414.
418.
1903. 454. §§ 1, 7.
1907. 560, § 452.
1913, 835, §§493, 503.
Section 42. Whoever wilfullv disobeys any lawful command of an 1
Disobeying
etc. ' election, caucus or primary officer shall be punished by imprisonment for 2
i89o!423,'§i2s! not more than one month.
1893, 417.
1898, 548, i
340.
413.
R. L. 11, § 417.
1903, 454, §§1,7.
1907, 560, § 451.
1913, 835, §§ 492, 503.
Interference
with super-
visor of
elections.
1891. 264, § 1.
1893, 417,
§325.
1898. 548,
§398.
Interference with Officers.
Section 43. Whoever prevents a supervisor of elections from doing
any of the acts authorized by section twenty-three of chapter fifty-four,
or hinders or molests him in doing any such acts, or aids or abets in
preventing, hindering or molesting him in doing any of such acts, shall
be punished by imprisonment for not more than one year.
R. L. 11, §402. 1907. 560. § 430. 1913, 835, §§ 477, 503.
Interference
with election
officer, city or
town clerk, or
election com-
missioner.
Section 44. Whoever interferes, or aids or abets any person in inter- 1
fering with an election commissioner, city or town clerk, or election 2
officer, in the performance of his duties shall be punished by imprison- 3
ment for not more than one year. 4
1907. 429. § 18; 560. § 435. 1913, 835, §§ 470. .W3.
(Additional penalties oti candidate in certain cases. §§ 54. 55. See Chap. 55, §§ 36, 37.]
ClL\P. 56.] VIOLATIONS OF ELECTION LAWS. 659
Tampering with Ballots, etc.
1 Section 45. Whoever wilfully obstructs or interferes with the trans- oiMtructipK
2 mission of ballots or retin-ns to or from a polling place shall be pmiished on"iilots'or
3 by imprisonment for not more than one year. rcnima.
1907, 429, § 17; 560, § 431. 1913, 835, §§ 471, 503.
1 Section 4G. Whoever alters a ballot cast at a primary or- caucus or, Altering bai-
2 not being authorized thereto, deposits a ballot in a ballot box or en- imT^^io, § is.
3 velope used at a primary or caucus, or removes a ballot from such ballot I^Hi.''**'
4 box or envelope, shall be punished by imprisonment in jail for not more Jgos' Ih ^ ''^^'
5 than two and one half years. §§ i. 7.
1907, .560, 5 427. 1918. 2.57, § 464. 1920, 2.
1913, 835, §§ 467, 503. 1919, 5.
1 Section 47. Whoever wilfully or maliciously injures or destroys a Malicious in-
2 ballot box or any of the blank forms or apparatus furnished to a city or ia'ifnt''box,°etc.
3 town under sections twenty-six and twenty-seven of chapter fifty-four, Jggg' Hg' | g|-
4 shall be punished by imprisonment for not more than one year.
1891, 328. § 5. 1S9S. 548, § 396. 1907. 560, § 433.
1893, 417, § 323. R. L. 11, § 400. 1913, 835, §§ 473, 503.
1 Section 48. Any person who shall tamper with or injure or attempt Tampering
2 to injure any voting machine or ballot box to be used or being used in an maciirne.'bai-
3 election, or who shall prevent or attempt to prevent the correct opera- m2r6'4i!'^§ ii.
4 tion of such machine or box, or any unauthorized person who shall make |5'474*^^|63
5 or have in his possession a key to a voting machine or ballot box to be
6 used or being used in an election, shall be punished by a fine of not less
7 than one hundred nor more than fi\e hundred dollars, or by imprison-
8 ment in the state prison for not less than one nor more than five years,
9 or both.
1 Section 49. Whoever forges or faksely makes the official endorse- False endorsc-
2 ment on any ballot, or wilfully destroys or defaces a ballot, or wilfully ddWery^'oF '°
3 delays the delivery of any ballots, shall be punished by imprisonment iggs'l^s?^ 2
4 for not more than one year.
1888. 436, § 29. 1898, 548, § 401. 1907. ,560, § 439.
1889,413,5 29. R. L. 11, §405. 1913, 835, §§ 480, 503.
1893, 417, § 328.
Section 50. Whoever places a mark against a name on a ballot not Placing iden-
., 1. in 1 I'j.* *i'^ 1 inx J. J. \ tifying mark
1
2 cast by himself, or places a distinguishing mark on a ballot not cast by m^baiiot.'
3 himself, except as authorized by law, shall be punished by imprisonment ikoj 4i7i
4 in jail for not more than two and one half years. ' ^'^^'
1.89S, 548, § 406. 1913, 835, §§ 485, 503. 1919, 5.
R. L. 11, § 410. 1918, 257, § 464. 1920, 2.
1907, 560, § 444.
1 Section 51. Whoever removes a ballot from the space enclosed by Removing bai-
2 the guard rail before the close of the polls shall be punished by imprison- g°iard°rair
3 ment for not more than one year.
1889, 413, § 29. 1898, 548, i 408. 1907, 560. § 446.
1893,417, §335. R. L. 11, § 412. 1913, 835, §§ 487, 503.
1 Section 52. Whoever, with intent to defraud, alters a ballot cast Fraudulent
2 at a primary, caucus or election; or, with such intent, deposits a ballot etc.. of ballot.
3 in the ballot box used at a primary, caucus or election, or in an envelope i89oi423,'§i3i!
4 provided by law for the preservation of ballots cast- at a primary, caucus I^Hi.*^^'
5 or election; or, with such intent, removes a ballot from any such ballot 5*407 ^**'
660
VIOLATIONS OF ELECTION LAWS.
[Chap. 56.
R. L. 11, § 411. box or envelope; shall be punished by imprisonment in jail for not more 6
1903,454, ^1 , 1 I IC 7
§§ 1, 7. than two and one halt years. '
1907, 560, § 445, 1918, 257, §§ 31, 464. 1920, 2. 157 Mass. 403.
1913, 835, §§ 486, 503. 1919, 5. 145 Mass. 257.
Section 53. Whoever gives any information deri\'ed from a recount 1
of votes, relative to a ballot cast by a challenged voter at an election, 2
caucus or primary, except as required by law, shall be punished by 3
1898, 548; 1 415. imprisonment for not more than one year. 4
R L. 11, § 419. 1907, 560, § 453.
1903, 454, §§ 1, 7. 1913, 835, §§ 494, 503,
Giving informa-
tion as to vote
of cliallenged
voter.
1892, 332, § 2.
Person found
guilty of
corrupt prac-
tice to be dis-
franchised,
etc., for tliree
years.
1911, 679, S
1913, 835,
§§497, 503
1914, 783, '
5.
12.
228 Mass. 63.
PENALTIES FOR CORRUPT PRACTICES.
Section 54. Whoever is found by final judgment upon an election 1
petition, as provided in section thirty-seven of chapter fifty-five, to have 2
committed a corrupt practice, and, in accordance with such finding, 3
forfeits the office to which he has been elected, or whoever is convicted 4
in a criminal proceeding of violating any provision of law relating to 5
corrupt practices in elections, shall be disqualified as a voter for a period 6
of three years following the date of such judgment or conviction, and 7
shall be ineligible to hold public office for said period. 8
Enforcement of
preceding
section.
1911, 679, § 6.
1913, 835,
§§498, 503.
1914, 783, § 13.
Section 55. The state secretary in proceedings based upon an elec-
tion petition, as provided in section thirty-seven of chapter fifty-five, and
the clerk of the court wherein a person is convicted of a violation of any
provision of law relating to corrupt practices in elections, shall, within
ten days after final judgment on such election petition or conviction,
forward to the clerk of the city or town where the defendant resides a
certified copy of the record of the final judgment or conviction, and the
name of such person shall forthwith be stricken from the roll of registered
voters of the city or town for a period of three years.
Removal upon
conviction of
soliciting
contributions
Section 56. Any appointed officer or employee convicted of violat- 1
ing any provision of section eleven or twelve of chapter fifty-five may be 2
i9i8?i46,°§'4. removed by the appointing authority without a hearing.
Section 57. [Repe.vled, 1928, 212, § 11.]
Penalty for SECTION 58. Any corporation violating any provision of section
contributions , ^,. f. , ,, i . i i i n i> j. j.1
by corpora- scvcn of chaptcr fifty-five shall be punished by a hne or not more tliau
1907; 576, § 22; tcu thousaud dollars, and any officer, director or agent of a corporation
1908,^483, § 2. violating any pro\'ision thereof or authorizing such violation, or any per-
1913; 835; ^ "■ son who violates or in any way knowingly aids or abets the violation of
§§496,499,503. .^^^, provision thereof, shall be punished by a fine of not more than five
thousand dollars or by imprisonment for not more than six months.
Soliciting Section 59. Violation of section ten of chapter fifty-five shall be 1
2
money for nom-
ination papers
by committees.
ination p.apers punished by a fine of not more than one hundred dollars
1908, S5, § 2.
1913. 835, §§ 495, 503.
Solicitation of " Section 60. Violation of any provision of section eleven or twelve 1
Ty^pubi^ officer of chapter fifty-five shall be punished by impri.sonment for not more 2
b'uUding^"" than six months, or by a fine of not more than one thousand dollars. 3
1918, 146, § 3.
Chap. 56.] violations of election laws. 661
1 Section 61. Violation of any provision of section tliirteen, fourteen, J'^?J^'^'™'^™JJ;j
2 fifteen, twenty-nine or thirty of chapter fifty-five shall be punished by ^rruprpj-a"
',] a fine of not less than one hundred nor more than one thousand dollars. pub1ic"sorvice.
1S84, 320, § 24. 1S05, 501, § .5. 1896, 517, § 7. R. L. I'J, § 35.
1 Section 62. Any corporation violatino; any provision of section Payments for
2 thirty-two or thirty-three of chapter fifty-five, relati\e to payments to .support, and
3 newspapers and periodicals, and to political advertising, shall be pun- unmarkod"^
4 ished b\- a fine of not more than ten thousand dollars, and any officer, '^1;;^'^""''
5 director or agent of a corporation violating any such provision, who j-jy^. 58^ § *■
6 authorized such violation, or any person who violates, or in any way §§499,503.
7 knowingly aids or abets the violation of, any such provision, shall be
S punished by a fine of not more than one thousand dollars, or by im-
9 prisonment for not more than one year.
1 Section 62A. Any member of an organization subject to section uniawMuse
2 thirty-three A of chapter fifty-five who participates in a violation of poUticlfpartiea,
3 any pro\ision of said section shall be punished by imprisonment for 1903, 93, § 2.
4 not more than six months or by a fine of not more than one thousand
5 dollars, or both.
1 Section 63. ^'iolation of section twenty-six or twenty-seven of J'^^r^^^.^'ion,
2 chapter fifty-five shall be punished by imprisonment for not more than j:;f,V"fn'c'on"^
"^ niip A-pnr neotion with
0 one ;) eai . employment.
1852 321 1893, 417, §§ 337, 338. 1907, 560, §§ 448, 449.
G S 7 §31. 1894, 209, §1; 1913, 83.'5, §§ 489,
1876, 172. § 2. 508, §§ 5, 58. 490, 503.
PS 7 §§60,61. 1898, 548, §§ 410, 411. 184 Msiss. 409.
1890, 423,' §§ 136, 137. R. L. 11. §5 414, 415.
1 Section 64. Any person taking or giving employment in violation Promoting^or
2 of section thirty-one of chapter fifty-fi\'e shall be punished by a fine of hi're°mefsviies
3 not more than one thousand dollars, or by imprisonment for not more It eTec™ons.°°
■ ^, 1,1 1919, 196, § 2.
4 than one year, or both.
1 Section 64A. Whoever knowingly violates section thirty-four A of f'S;'"* Jfi'"
2 chapter fift>-fi\e shall be punished by a fine of not more than one thou- 7j„^^i^|,^°
3 sand dollars or by imprisonment for not more than six months. 1922, 259, § 3.
1 Section 65. 'S'iolation of section thirt>--four of chapter fifty-five unsigned cir-
2 shall be punished by imprisonment for not more than six months. posters'!"
1890, 381. " R. L. 11, § 398. 1910, 55, § 3.
1893. 417, § 322. 1907, 560, § 430. 1913, 835, §§ 470, 503.
1898, 548, § 394.
1 Section 66. ^'iolation of any provision of chapter fifty-five, the ^"^''j^p^^p™^-,
2 punishment for which is not specifically provided, shall be punished by jlsl^^ips 22.
3 imprisonment for not more than one year or by a fine of not more than §§ i,'2;4i7.
4 one thousand dollars.
1897, 530, § 14. 1904, 375, § 7. 1913, 8.35, §§ .501, 503.
1898, 548, § 416. 1907, 560, § 454. 1928, 212, § 12.
R. L. II, § 420.
PROCEDURE AND ENFORCEMENT.
1 Section 67. Police officers and constables shall arrest without a Arrest^without
2 warrant any person detected in the act of violating any provision of "897, 530, § 20.
3 chapters fifty to fifty-six, inclusive.
1898, 548, §417. ' 1903.318,5 1. 1913, 835, §§ 502, 503.
R. L. 11, § 421. 1907, 429, § 13; 560, § 455.
662
[Chaps. 56, 57.
Prosecution
not to be
placed on file,
1903,318, § 1.
1907, 429, § 13
560, § 455.
1913, 835,
§§ 502, 503.
Jurisdiction of
supreme
judicial and
superior courts.
1895, 489, § 17;
507, § 32.
1897, 530,
1898, 548,
§417.
R. L. 11, I
1903, 318,
1907, 429,
560, § 455.
1913, 835,
§§ 502, 603.
1927, 207.
180 Mass. 547.
224 Mass. 698.
;20.
421.
S 1.
§ 13;
Section 68. A prosecution for the violation of any provision of
chapters fifty to fift>-six, inclusive, shall not, unless the purposes of
justice require such disposition, be placed on file or disposed of except
by trial and judgment according to the regular course of criminal pro-
ceedings. It shall be disposed of otherwise only upon written motion
stating specifically the reasons therefor and verified by affidavit if facts
are relied on. If" the court or magistrate certifies in writing that he is
satisfied that the cause relied on exists and that the interests of public
justice require the allowance of the motion, the motion shall be allowed
and the certificate of the court or magistrate shall be filed in the case.
Section 69. The supreme judicial and superior courts shall have
jurisdiction at law, in equity or by mandamus to enforce the provisions
of chapters fifty to fifty-six, inclusive. The supreme judicial court shall
also have jurisdiction of any petition for a writ of mandamus relative to
the division of a county into representative districts and the appor-
tionment of representatives thereto under Article XXI of the amend-
ments of the constitution or under section five of chapter fifty-seven.
Every such petition shall be filed in court within thirty days after the
filing of the report of such di\ision and apportionment unless the court
for cause shown extends the time.
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
8
9
10
CHAPTER 57.
CONGRESSIONAL, COUNCILLOR AND SENATORIAL DISTRICTS, AND
APPORTIONMENT OF REPRESENTATIVES.
Sect.
congressional districts.
1. State divided into fifteen congressional
districts.
COUNCILLOR DI.STRICTS.
2. state di\-ided into eight councillor dis-
tricts.
Sect.
senatorial districts.
3. State divided into forty senatorial dis-
tricts.
APPORTIONMENT OF REPRESENT.ATIVES.
4. Representatives apportioned to the
several counties.
5. Apportionment of Suffolk county into
representative districts.
State divided
into fifteen
congressional
districts.
1852, 143.
G. S. 9,
S§1, 2.
1872, 300.
1876, 113.
P. S. 9. §§ 1,
1882, 2.53.
1891, 396.
1896, 519.
1901,511
R. L. 11,
1905, 255, § 7.
1912, 674.
1916,226;
Sp. 282, § 6.
1920, 178, § 6
422.
CONGRESSIONAL DISTRICTS.
Section 1. For the purpose of electing representatives in the Con-
gress of the United States, until otlierwise provided by law, the common-
wealth is divided into the following fifteen districts, each of which siiall
elect one representative:
Number One, — Consisting of North Adams, Pittsfield and the towns
in Berkshire county; Ashfield, Bernardston, Buckiand, Charlemont,
Colrain, Conway, Decrfieid, Erving, (Jill, Greenfield, Hawley, Heath,
Leverett, Leyden, Monroe, Montague, New Salem, Nortiifield. Orange,
Howe, Shelburne, Shutesbury, Sunderland, ^Yarwick, Wendell and
Whatelv in Franklin county; Blandford, Chester, Granville, Ilofvoke,
6
7
8
9
10
Montgomery, Russell, Southwiek, Tolland and Westfield in IIami)den 11
Chap. 57.] congressional districts. 663
12 county; Belchertown, Chesterfield, Cummington, Enfield, Goshen, 1920,372, § i.
1:} Greenwich, Huntington, Middlefield, Pelham, Plainfield, Prescott, 1 Op! a. G. 331.
14 Southampton, Westhampton, Williamsburg and Worthington in Ilamp-
1.1 shire county; and Athol and Royalston in Worcester county.
1() Number Two, — Consisting of Agawam, Chicopee, East Longmeadow,
17 Hampden, Longmeadow, Ludlow, Springfield, West Springfield and Wil-
is braham in Hampden county; and Amherst, Easthampton, Granby,
19 Hadley, Llatfield, Northampton and South Hadlcy in Hampshire county.
20 Number Three, — Consisting of Ashburnham, Barre, Berlin, Bolton,
21 Brookfield, Charlton, Clinton, Dana, Dudley, East Brookfield, Fitch-
22 burg, Gardner, Hardwick, Harvard, Hubbardston, Lancaster, Leicester,
23 Leominster, Lunenburg, New Braintree, North Brookfield, Oakham,
24 Oxford, Paxton, Petersham, Phillipston, Princeton, Rutland, South-
25 bridge, Spencer, Sterling, Sturbridge, Templeton, Warren, Webster,
26 West Brookfield, Westminster and Winchendon in Worcester county;
27 Ware in Hampshire county; Brimfield, Holland, Monson, Palmer and
28 Wales in Hampden county; and Ashby, Boxborough, Framingham,
29 Hudson, Marlborough, Maynard, Pepperell, Shirley, Stow, Sudbury,
30 Townsend and Wayland in Middlesex county.
31 Number Four, — Consisting of x\uburn, Boylston, Douglas, Grafton,
32 Holden, Hopedale, Mendon, Milford, Millbury, Millville, Northborough,
33 Northbridge, Shrewsbury, Southborough, Sutton, Upton, Uxbridge,
34 Westborough, West Boylston and Worcester in Worcester county; and
35 Ashland and Hopkinton in Middlesex county.
36 Number Five, — Consisting of Acton, Arlington, Ayer, Bedford, Bel-
37 mont, Billerica, Burlington, ward -numbered eleven in Cambridge, Car-
38 lisle, Chelmsford, Concord, Dracut, Dunstable, Groton, Lexington,
39 Littleton, Lowell, Melrose, Reading, Stoneham, Tewksbury, Tyngs-
40 borough, Westford, Wilmington, Winchester and Woburn in Middlesex
41 county.
42 Number Six, — Consisting of Amesbury, Beverly, Boxford, Danvers,
43 Essex, Georgetown, Gloucester, Groveland, Hamilton, Haverhill, Ips-
44 wich, Manchester, Marblehead, Merrimac, Methuen, Middleton, New-
45 bury, Newburyport, North Andover, Rockport, Rowley, wards numbered
46 one, two, three, five and six in Salem, Salisbury, Swampscott, Topsfield,
47 Wenham and West Newbury in Essex county.
48 Number Seven, — Consisting of Andover, Lawrence, Lynn, Lynnfield,
49 Nahant, Peabody, ward numbered four in Salem, and Saugus in Essex
50 county; North Reading and Wakefield in Middlesex county; and Revere
51 and Winthrop in Suffolk county.
52 Number Eight, — Consisting of wards numbered two and three in
53 Cambridge, Everett, Maiden, Medford and Somerville in Middlesex
54 county.
55 Number Nine, — Consisting of wards numbered four, five, six, seven,
56 eight, nine and ten in Cambridge, Lincoln, Newton, Waltham, Watertown
57 and Weston in Middlesex county ; ward numbered twenty-two in Boston
58 in Suffolk county; and Brookline and Wellesley in Norfolk county.
59 Number Ten, — Consisting of wards numbered four, five, nine, ten,
60 eleven, twelve, nineteen, twenty and twenty-one in Boston in Suffolk
61 county.
62 Number Eleven, — Consisting of wards numbered one, two and three,
63 and precincts numbered one, two, three, four, five, six, seven, eight and
64 nine in ward numbered eight in Boston, and Chelsea in Suffolk county;
65 and ward numbered one in Cambridge in Middlesex county.
664
COUNCILLOR DISTRICTS.
[Chap. 57.
Number Twelve, — Consisting of wards numbered six and seven, and 06
precincts numbered ten, eleven, twelve, thirteen and fourteen in ward ()7
numbered eight, and wards numbered thirteen, fourteen, fifteen, sixteen, 08
seventeen and eighteen in Boston in Suffolk county. 09
Number Thirteen, — Consisting of Avon, Braintree, Canton, Dedham, 70
Dover, Hoibrook, Milton, Needham, Norwood, Quincy, Randolph, 71
Stoughton, Westwood and Weymouth in Norfolk county; Natick in 72
Middlesex county ; and Brockton in Plymouth county. 73
Number Fourteen, — Consisting of Attleboro, Berkley, Dighton, 74
Easton, Fall River, Freetown, Mansfield, North Attleborough, Norton, 75
Raynham, Rehoboth, Seekonk, Somerset, Swansea, Taunton and West- 76
port in Bristol county; Bellingham, Foxborough, Franklin, Medfield, 77
Medway, Millis, Norfolk, Plainville, Sharon, Walpole and Wrentham 78
in Norfolk county; HoUiston and Sherborn in Middlesex county; and 79
Blackstone in Worcester county. 80
Number Fifteen, — Consisting of Abington, Bridgewater, Carver, 81
Duxbury, East Bridgewater, Halifax, Hanover, Hanson, Hingham, Hull, 82
Kingston, Lakeville, Marion, Marslifield, Mattapoisett, Middleborough, 83
Norwell, Pembroke, Plymouth, Plympton, Rochester, Rockland, Scitu- 84
ate, Wareham, West Bridgewater and Whitman in Plymouth county; 85
Chilmark, Edgartown, Gay Head, Gosnold, Oak Bluii's, Tisbury and 80
West Tisbury in Dukes county; Barnstable, Bourne, Brewster, Chatham, 87
Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans, Provincetown, 88
Sandwich, Truro, Wellfleet and Yarmouth in Barnstable county; Nan- 89
tucket in Nantucket county; Cohasset in Norfolk county; and Acushnet, 90
Dartmouth, Fairhaven and New Bedford in Bristol county. 91
State divided
into eight
councillor
districts.
Const, amend.
16.
(Const. Rev.
art. 132.)
1856, 307.
1857, 310.
G.S.8, §§2,3.
1866, 221.
1876, 222.
P. S. 8, §§2,3.
1886, 348,
§§ 1-9.
1896, 509,
§§ 11-19.
R. L. 11, § 423
1905, 255, § 7.
1906, 497,
§§ 12-20.
1916, 270,
§§ 14-22.
1926, 372, § 2.
COUNCILLOR DISTRICTS.
Section 2. For the purpose of choosing councillors until the next 1
decennial apportionment, the commonwealth is divided, agreeably to the 2
constitution, into the following eight councillor districts: 3
First, — Consisting of the Cape and Plymouth, the Plymouth, and the 4
first, second and third Bristol senatorial districts. 5
Second, — Consisting of the Norfolk, Norfolk and Plymouth, Norfolk 6
and Middlesex, and the sixth and eighth Suffolk senatorial districts. 7
Third, — Consisting of the third Suffolk, the Norfolk and Suffolk and 8
the first, second and fifth Middlesex senatorial districts. 9
Fourth, — Consisting of the first, second, fourth, fifth and seventh 10
Suffolk senatorial districts. 11
Fifth, — Consisting of the first, second, third, fourth and fifth Essex 12
senatorial districts. 13
Sixth, — Consisting of the third, fourth, sixth, seventh and eighth 14
Middlesex senatorial districts. 1 5
Seventh, — Consisting of the first, second, third and fourth Worcester 10
and the Worcester and Hampden senatorial districts. 17
Eighth, — Consisting of the Berkshire, the Berkshire, Hampshire and 18
Hampden, the Franklin and Hampshire and the first and seconil Hamp- 19
den senatorial districts. 20
Chap. 57.J senatoiual districts. 665
SENATORIAL DISTRICTS.
1 Section 3. For the purpose of choosing senators until the next dc- state divided
2 cennial apportionment, the commonwealth is divided, agreeably to the sMmtoS
3 constitution, into the following forty senatorial districts: districts.
Const, pt. 2, c. 1, §2,art. 1. G.S.S. §§4, 5. R. L. 11,§424.
Const, amend. 22. 1866, 120. 1905, 255, § 7.
(Const. Rev. art. 45.) 1876. 190. 1906. 497, §§ 1-10.
1832.155. P.S.8. §§4,5. 1916, 270, §§ 1-12; Sp. 282, § 6.
R. S. 5, § 2. 1886. 338. 1920, 178, § 6.
1857, 309. 1890, 509, §§ 1-10. 1926, 372. § 3.
4 Cape and Plymouth, — Consisting of the towns in Barnstable, Dukes Capeand
5 and Nantucket counties, and Diuxbury, Halifax, Hanson, Kingston, district!'
6 Marion, INIattapoisett, Pembroke, Plymouth, Plympton, Rochester,
7
Wareham and Whitman in Plymouth county.
8 First Bristol, — Consisting of Attleboro, Berkley, Dighton, Easton, Bristol
9 Freetown, Mansfield, North Attleborough, Norton, Raynham, Rehoboth,
10 Seekonk and Taunton.
11 Second Bristol, — Consisting of Fall River, Somerset and Swansea.
12 Third Bristol, — Consisting of Acushnet, Dartmouth, Fairhaven, New
13 Bedford and Westport.
14 Plymouth, — Consisting of Bridgewater, Brockton, Carver, East J^f,"]""""
1-5 Bridgewater, Lakeville, Middleborough and West Bridgewater.
Ifi Norfolk and Plymouth, — Consisting of Avon, Canton, Cohasset, J?|°''„^°^J^jf,'"'
17 Foxborough, Holbrook, Sharon, Stoughton and Weymouth in Norfolk district.
15 county; and Abington, Hanover, Ilingham, Hull, Marslifield, Norwell,
19 Rockland and Scituate in Plymouth county.
20 Norfolk, — Consisting of Braintree, Milton, Quincy and Randolph. ^"llf^^
21 Norfolk and Middlesex, — Consisting of Dedham, Dover, Medfieid, Norfolk and
22 Medway, Millis, Needham, Norfolk, Norwood, Wellesley, Walpole and Sit!"
23 W'estwood in Norfolk county; and Ashland, Holliston, Hopkinton,
24 Natick and Sherborn in Middlesex county.
2.5 Norfolk and Sufi'olk, — Consisting of Brookline in Norfolk county; Norfolk and
2(i and wards numbered twenty-one and twenty-two in Boston in Suffolk dLrict.
27 county.
28 First Suffolk, — Consisting of Chelsea, Revere and Winthrop in Suffolk Suffolk
29 county; and Saugus in Essex county.
30 Second Sufi'olk, — Consisting of wards numbered one, two and three in
31 Boston.
32 Third Suffolk, — Consisting of wards numbered four and five in Bos-
33 ton in Suffolk county, and wards numbered one, two and three in Cam-
34 bridge in Middlesex county.
35 Fourth Sufi'olk, — Consisting of wards numbered six, seven and eight
36 in Boston.
37 Fifth Suffolk, — Consisting of wards numbered nine, ten and eleven in
38 Boston.
39 Sixth Suffolk, — Consisting of wards numbered twelve, nineteen and
40 twenty in Boston.
41 Seventh Sufi'olk, — Consisting of wards numbered thirteen, fifteen and
42 sixteen in Boston.
43 Eighth Sufi'olk, — Consisting of wards numbered fourteen, seventeen
44 and eighteen in Boston.
45 First Essex, — Consisting of Lynn, Nahant and Swampscott. Essex districts.
46 Second Essex, — Consisting of Beverly, Danvers, Marblehead and
47 Salem.
666
SENATORIAL DISTRICTS.
[Chap. 57.
Middlesex
districts.
Worcester
districts.
Worcester and
Hampden
district.
Berkshire
district.
Berkshire,
Hampshire
and Hampden
district.
Third Essex, — Consisting of Essex, Gloucester, Hamilton, Ipswich, 48
Lynnfieid, Manchester, Middieton, Newbury, Newburyport, Peabody, 49
Rockport, Rowley, Topsfield, Wenham and West Newbury. 50
Fourth Essex, — Consisting of Amesbury, Andover, Boxford, George- 51
town, Groveland, Haverhill, Merrimac, North Andover and Salisbury. 52
Fifth Essex, — Consisting of Lawrence and Methuen. 5-3
First Middlesex, — Consisting of Framingham, Marlborough, New- 54
ton, Way land and Weston. 55
Second Middlesex, — Consisting of Belmont and wards numbered 56
four, five, six, seven, eight, nine, ten and eleven in Cambridge. 57
Third Middlesex, — Consisting of Somerville. 58
Fourth Middlesex, — Consisting of Everett, Maiden and Melrose. 59
Fifth Middlesex, — Consisting of Acton, Boxborough, Concord, Hud- 60
son, Lincoln, Maynard, Stow, Sudbury, Waltham and Watertown. 61
Sixth Middlesex, — Consisting of Arlington, Medford, Winchester and 62
Woburn. 63
Seventh Middlesex, — Consisting of wards numbered one, nine and ten 64
in Lowell, and Bedford, Billerica, Burlington, Lexington, North Reading, 65
Reading, Stoneham, Tew ksbury, Wakefield and Wilmington in Middlesex 66
county. 67
Eighth Middlesex, — Consisting of wards numbered two, three, four, 68
five, six, seven, eight and eleven in Lowell, and Ashby, Aver, Carlisle, 69
Chelmsford, Dracut, Dunstable, Groton, Littleton, Pepperell, Shirley, 70
Townsend, Tyngsborough and Westford. 71
First Worcester, — Consisting of wards numbered five, six, seven, eight 72
and nine in Worcester. 73
Second Worcester, — Consisting of wards numbered one, two, three, 74
four and ten in Worcester. 75
Third Worcester, — Consisting of AshburnJiam, Athol, Fitchburg, 76
Gardner, Leominster, Lunenburg, Phillipston, Royalston, Templeton, 77
Westminster and Winchendon. 78
Fourth Worcester, — Consisting of Auburn, Blackstone, Douglas, 79
Grafton, Hopedale, Mendon, Milford, Millbury, Milhille, Northborough, 80
Northbridge, Oxford, Shrewsbury, Southhorough, Sutton, Upton, Ux- 81
bridge, W^ebster and Westborough in Worcester county, and Bellingham, 82
Franklin, Plainville and Wrentham in Norfolk county. 83
Worcester and Hampden, — Consisting of Barre, Berlin, Bolton, 84
Boylston, Brookfield, Charlton, Clinton, Dana, Dudley, East Broolvfield, 85
Hardwick, Harvard, Holden, Hubbardston, Lancaster, Leicester, New 86
Braintree, North Broolvfield, Oakham, Paxton, Petersham, Princeton, 87
Rutland, Southbridge, Spencer, Sterling, Sturbridge, Warren, West 88
Boylston and West Brookfield in Worcester county, and Brimfield, 89
Hampden, Holland, Ludlow, IMonson, Palmer, Wales and Wilbraham in 90
Hampden county. 91
Berkshire, — Consisting of Adams, Cheshire, Clarksburg, Dalton, 92
Florida, Hancock, Hinsdale, Lanesborough, New Ashford, North Adams, 93
Peru, Pitt.sfield, Savoy, \\'illiamstown and Windsor. 94
Berkshire, Hampshire and Hampden, — Consisting of Alford, Becket, 95
Egremont, Great Barrington, Lee, Lenox, Monterey, Mount Washing- 9()
ton. New Marlborough, Otis, Richmond, SaiidisKeld, Sheffield, Stock- 97
bridge, Tyringham, Washington and West Stockbridge in Berkshire 98
county, Ea.sthampton, Huntington, Northampton, Southami)ton and 99
Westhampton in Hampshire county, and Agawam, Blandford, Chester, 100
Chap. 57.
APPORTIONMENT OF HEPRESENTATIVES.
667
Consisting of the towns in Fninklin Franklin and
^-,1 . t: I 1 /^ ' J. t? i; I 1 Hampshire
101 Granville, Montgomery, Russell, Southwick, Tolland, West Springfield
102 and Westfield in Hampden countv
103 Franklin and Hampshire
104 county and Amherst, Belchertown, Chesterfield, Cummington, Enfield, dUnct
105 (ioshen, Granby, Greenwich, Hadley, Hatfield, Middlefield, Pelham,
1()() riainfield, Prescott, South Hadley, Ware, Williamsburg and Worthington
107 in Hampshire county.
I OS I'irst Hampden, — Consisting of wards numbered two, three, four, Hampden
109 five, six, seven and eight in Springfield, and East Longmeadow and
110 Longmeadow.
1 1 1 Second Hampden, — Consisting of Chicopee, Holyoke and ward num-
112 bered one in Springfield.
APPORTIONMENT OF REPRESENTATIVES.
1 Section 4. The two hundred and forty members of the house of
2 representatives are apportioned to the several counties, agreeably to the
3 constitution, until the next decennial apportionment as follows:
County.
Number of
Repre-
sentatives.
CODNTY.
Number of
Repre-
sentatives.
Barnstable ....
Berkshire .....
Bristol
Dukes .....
Essex .....
Franklin .....
Hampden
2
19
1
31
3
16
Hampshire ....
Middlesex ....
Nantucket "...
Norfolk (excluding Cohasset)
Plymouth (including Cohasset) .
Suffolk
Worcester ....
4
52
1
17
11
48
28
Representa-
tives appor-
tioned to
the several
counties.
Const, pt. 2.
c. 1, § 3, art. 1.
Const, amend.
21.
(Const. Rev.
arts. .'32, 53.)
1813, 68, § 1.
R. 8. 5, § 3.
1857. 308.
G. S.8. 5 6.
1866. 103, § 1.
1876, 15, § 1.
P. S. 8, § 6.
1886. 256. § 1.
1896. 509, § 21.
R. L. 11, § 425.
1906, 497, § 22.
1916, 270. § 24.
1926, 372, § 4.
1 Section 5. The commissipners to apportion Suffolk county into
2 representative districts shall, within thirty days after the state secretary
3 shall have certified to them the number of representatives to which said
4 county may be entitled, as determined by the general court, assemble in
5 Boston and, as soon as may be, shall proceed to divide said county into
6 representative districts of contiguous territory and assign representatives
7 thereto, so that each representative in such county will represent, as
8 nearly as may be, an equal number of legal voters, as such term is used
9 in Articles XXI and XXH of the amendments to the constitution. Such
10 districts shall be so formed that no ward of a city and no town shall be
11 divided, and no district shall be so formed that it shall be entitled to elect
12 more than three representatives. The districts shall be numbered by the
13 commissioners, and a description of each district, its number and the
14 number of legal voters, as such term is used in Articles XXI and XXII
15 of the amendments to the constitution, therein shall be transmitted to the
16 state secretary, to the board of election commissioners of Boston, to the
17 city treasurer of Boston, to the city clerk of Boston, to the city clerk of
IS Chelsea, to the city clerk of Revere and to the town clerk of Winthrop,
19 and shall be filed and kept in their respective offices.
Apportionment
of .Suffolk
county into
representative
districts.
Const, amend.
21.
(Const. Rev.
art. 53)
1897, 287, 5 2.
R. L. 11, §426.
1906, 298, § 2.
1907, 560,
§§ 3.52. 4.56.
1913.835, §390.
1919, 269. § 25.
1924, 424, § 2.
1931,426, §178.
224 Mass. 598.
225 Mass. 55,
124.
668
GENERAL PROVISIONS RELATIVE TO TAXATION. [ChAP. 58.
TITLE IX.
TAXATION.
Chapter 58. General Provisions relative to Taxation.
Chapter 58A. Board of Tax Appeals.
Chapter 59. Assessment of Local Taxes.
Chapter 60. Collection of Local Taxes.
Chapter 60A. Excise Tax on Registered Motor Vehicles in Lieu of Local Tax.
Chapter 61. Taxation of Forest Products and Classification and Taxation of
Forest Lands.
Chapter 62. Taxation of Incomes.
Chapter 63. Taxation of Corporations.
Chapter 64. Taxation of Stock Transfers.
Chapter 64A. Taxation of Sales of Gasoline and Certain Other Motor Vehicle
Fuel.
Chapter 65. Taxation of Legacies and Successions.
Chapter 65A. Taxation of Transfers of Certain Estates.
CHAPTER 58.
GENERAL PROVISIONS RELATIVE TO TAXATION.
Sect.
supervision of loc.4l taxation.
1. General powers and duties of com-
missioner relative to assessment of
local taxes.
2. Commissioner to forward to assessors
lists of corporations and other in-
formation.
3. Information relative to property and
instruction to assessors, etc.
4. Correction of improper methods of
assessors.
5. Instructions relative to assessors' no-
tices and lists.
6. Collection, etc., of information as to
real estate values.
7. Commissioner to obtain information,
etc., as to unpaid taxes.
8. Proceedings against certain delin-
quent collectors. Abatement of
certain uncollected taxes.
state tax.
9. Commissioner to report apportion-
ment of state tax triennially to
general court.
10. Commissioner to prepare abstracts,
obtain information, etc.
lOA. [Repealed. 1
Sect.
adju.stment of veterans* exemption.
11. One third of veterans' e-wmption to
• be credited to cities and towns
making it, and charged against all
cities and towns.
12. Commissioner to certify charges and
credits to treasurer, who shall with-
hold or allow them.
REIMBURSEMENT FOR LOSS OF TAXES ON
L.4ND USED FOn PUBLIC INSTITUTIONS,
ETC.
13. Valuation of certain state and county
lands every five years.
14. Notice to assessors. Appeal.
15. Effect of determination. Valuation
of newly acquired land and state
forests.
16. Annual statement to state treasurer.
17. Rate of reimbursement.
17.\. Taxation of land held for county
tuberculosis hospitals.
DISTRIBUTION OF TAXES.
IS. Distribution of income tax.
19. [Repealed. 1
20. Distribution of business corporation
tax.
Chap. 58.] gener.\l provisions relative to t.vxation.
669
Sect.
21.
23.
24.
24A.
25.
25A.
26.
Distribution of certain corporate
franchise taxes.
Distribution of franchise tax of elec-
tric railroads and street railways.
Distribution of franchise tax of rail-
roads and telephone and telegraph
companies.
Distribution of franchise tax of gas,
electric and water companies.
Distribution of interest on certain
corporation taxes.
Commissioner to determine amounts
due to cities and towns. Partial
distributions.
Annual estimates of returns to cities
and towns under §§ 17-25.
Guardians, executors, administrators,
trustees and partnerships to make
returns of certain stock held.
Sect.
repayment of illegal taxes.
27. Taxes illegally, etc., exacted ni.ay be
abated and repaid upon seasonable
application. Equahzation of bur-
den of repayment.
ASSESSMENT FOR DEPOSITS WITH ST.\TE
TREASURER.
28. Commissioner to make assessment
on trust funds, etc.
REPORTS.
29. Commissioner to make reports an-
nually to general court.
DESTRUCTION OF CERTAIN DOCUMENTS.
30. Commissioner may destroy returns,
etc.
SUPERVISION OF LOCAL TAXATION.
1 Section 1. The commissioner of corporations and taxation, in
2 chapters fifty-eight to sixty-five A, inclusive, called the commissioner,
3 may visit any town, inspect the work of its assessors and give them such
4 information and require of them such action as will tend to produce uni-
5 formity throughout the commonwealth in valuation and assessments.
6 He shall prepare and issue printed instructions to assessors as a guide to
7 them in carrying out said purpose, which shall be adapted to varying
8 local circumstances and to differences in the character and condition of
9 property subject to local taxation. He may furnish to local assessors
10 blank forms for use in valuing such property. He may cause an assessor
11 to be prosecuted, either in the county where said officer resides or in an
12 adjoining county, for any violation of law relative to assessment of taxes
13 for which a penalty is imposed. He may appear before the superior
14 court or any board of county commissioners sitting for the abatement of
15 taxes. He' shall give his opinion to assessors and collectors upon any
16 question arising under any statute relating to the assessment and collec-
17 tion of taxes, and may obtain the opinion of the attorney general upon
18 such question. He may perform his duties under this section himself or
19 by his duly authorized representative.
1 Section 2. The commissioner shall annually, on or before April Commiss^ner
2 first, forward to each board of assessors a list of all corporations known to assessors lists
' • 1 1 /» i' * 1 ''^ corporations
3 him to be liable on said day to taxation under cliajiters htty-nme and ?^"d^^hcr^^
4 sixty-three, with such other information as in his judgment will assist i867T88?'§'2.
5 them in the assessment of taxes.
General powers
and duties of
commissioner
relative to as-
sessment of
local taxes.
1898, .507. § 3.
R^ L. 14, §5.
190S, 433,
§§ 1,2;
550, § 2.
1909. 490,
III. §5.
1916, 173.
1918, 257, 5 32.
1919, 5; 350,
§§ 53-55.
1920, 2.
1931, 426, §C4.
Op. A. G
(1919) 123.
1870, 144, § 1.
P. S. 13, §§ 3, 4.
R. L. 14, § 4.
1906, 271, § 1.
1908, 468.
1909, 490, III, § 4.
1914, 198, § 2.
1 Section 3. The commissioner shall annually, on or before April
2 first, furnish to each board of assessors all the information relating to
3 the assessment, valuation and ownership of property taxable in their
4 town that has come into possession of his department, particularly under
5 chapter sixty-five. He shall give to said assessors any further instruc-
6 tion and supervision as to their duties needed to secure uniform assess-
7 ment and just taxation, and to equalize the valuation of property for
8 purposes of state, county and local taxation.
Information
relative to
property and
instruction to
assessors, etc.
1908, 550, § 4.
1909, 490,
III, §fi.
1914, 198, § 2.
1919, 350,
§§ .54, 55.
21S Mass. 60.
670
GENERAL PROVISIONS RELATIVE TO TAXATION. [ChAP. 58.
Correction of
improper
methods of
assessors.
1908, 550, § 3.
1909, 490.
Ill, §7.
Instructions
relative to
assessors'
notices and
lists.
1882, 217. § 3.
1894, 294.
R. L. 12. § 42.
1909, 490. I.
§42; 515.
Section 4. Whenever it appears to the commissioner that the prop- 1
erty or any part thereof in any town is not valued for taxation in accord- 2
ance with law, and that such failure to comply with law is the result of 3
inadecjuate methods in keeping the records of valuation or ownership 4
of property, or is due to failure on the part of its assessors or any of 5
them properly to examine the records of the registry of deeds and pro- 6
bate court, or to make use of the information required to be furnished 7
to assessors by the commissioner, he shall forthwith direct said assessors 8
to adopt such methods of keeping their records or to make such exam- 9
ination of the records of the registry of deeds and probate court, or to 10
make such use of the information that he has furnished to them, as he 11
deems necessary. On failure by any assessor to comply with such di- 12
rections of the commissioner, he shall forthwith notify the mayor or 13
selectmen of said failure, with any recommendations which he deems 14
necessary or expedient. 15
Section 5. Tlie commissioner shall annually give instructions for 1
preparing the notice and bringing in the lists required by section twenty- 2
nine of chapter fifty-nine, and shall prescribe forms therefor so arranged 3
that the statement of the person bringing in such a list will include all 4
assessable property held by him. The commissioner shall cause to be 5
printed and distributed to assessors forms for the lists and statements 6
required therein relative to property held for literary, temperance, be- 7
nevolent, charitable or scientific purposes. 8
Collection,
etc.. of in-
formation as
to real estate
values.
1917, 171.
Commissioner
to obtain in-
formation,
etc., as to
unpaid taxes.
1912, 272, § 1.
* Section 6. The commissioner may collect and tabulate information
as to the sale price and actual value of real estate in the several towns.
For this purpose he may require assessors to furnish him with any in-
formation in their possession, may consult persons likely to have knowl-
edge as to the sale price and actual value of separate parcels of real
estate, and may examine probate and other records.
Section 7. The commissioner shall from time to time secure in-
formation as to any unpaid taxes in any town, may examine the books,
records and papers of collectors and assessors, and of other town officers,
and may require them to make reports to him.
Proceedings
against certain
delinquent
collectors.
Abatement
of certain
uncollected
taxes.
1912, 272,
§§2.3.
1918, 257
1919, 5.
1920, 2.
1922. 34.
1923, 283
1931, 133
33.
Section S. Whenever it appears to the commissioner that at the end 1
of two years from the commitment of any warrant to a collector any 2
taxes upon such warrant remain uncollected, or if collected have not been 3
turned o\er to the town treasurer, the commissioner shall within three 4
months bring the matter to the attention of the attorney general, who 5
may bring or cause to be brought an action of contract in the name of the 6
town against the collector and upon his bond, in the superior court for the 7
county where the town lies. Any amount recovered under this section 8
shall be paid into the treasury of the town in whose name the action is 9
prosecuted; but all reasonable expenses incurred by the attorney general 10
in any such action shall be borne by the town, and may be recovered from 1 1
it by the commonwealth in contract. If, at any time after the ex-piration 12
of one year from the commitment of any warrant to a collector, the com- 13
missioner is of the opinion that any taxes thereon remaining uncollected 14
should be abated, he may authorize the assessors, in writing, to abate any 15
part or the whole of such taxes, either by items or by abatement of a sum 16
total, stated in such written authorization. The assessors may thereupon 17
Chap. 58.] general provisions relative to t.vxation. 671
IS make the abatement authorized and enter the same in their record of
19 abatements, making reference in said record to such authorization as the
20 cause or reason for the abatement.
state tax.
1 Section 9. In nineteen himdred and twenty-nine and in every tiiird ^''j;!")j^t'°°'^''
2 vear thereafter, the commissioner sliali, on or before April first report to upportion-
, ... , , . J , . , nient of state
3 the general court an equalization and apportionment upon the several tax trienmaiiy
4 towns, of the number of polls, the amount of property, and the propor- cou™""
5 tion of every one thousand dollars of state or county tax, including polls R^s.'uf § %;
6 at one tenth of a mill each, which should be assessed upon each town.
R. L. 12. § 100. 1909, 490, I, § 100. 1921, 379. § 1. 1928, 330, § 2.
immissioner
prepare
1 Section 10. To aid in making the ec)ualization and apportionment Coi
2 required by the preceding section, and to assist the general court to abstracts,
3 determine the amount of state tax to be imposed upon the several towms, Formation,
4 the commissioner shall prepare and submit to the general court abstracts issi, les,
5 showing the amount of the corporate franchise value of domestic corpora- p ^ fi 5 97
G tions, of the excise value as determined by the commissioner of domestic fgog ]« 490'
.7 business and domestic manufacturing corporations and of foreign manu- kii'°366
8 facturing and other foreign corporations, and of the value produced by 1914! igs! § 5;
9 capitalizing at the state rate taxes paid by banks which are subject to 1921, 379, § 2.
10 taxation under section two of chapter sixty-three and which have been §§W^*3.'
1 1 distributed according to law to each town. He may require from state \IIq^ HI] s g,
12 and town officers such further returns and statements relative to the
13 amount and value of taxable property in the several towns as he deems
14 necessary. He shall to tlie best of his judgment and discretion prepare
15 said equalization and apportionment upon the basis of the returns and
16 statements provided for and authorized, and of any other information
17 in his possession. He shall give notice of so much of said equalization
18 and apportionment as may be prepared upon the basis of such other
19 information in his possession to the assessors of any town affected thereby,
20 and upon their request shall give his reasons therefor, and such informa-
21 tion as he may properly divulge.
1 Section lOA. [Inserted, 1921, 375, § 2; repealed, 1924, 206, § 1.]
adjustment of veterans' exemption.
1 Section 11. The commissioner, from the returns made by assessors One third
2 under section eighty-five of chapter fifty-nine, or otherwise, shall deter- exempTion\o
3 mine the total amount of taxes exempted throughout the commonwealth c^iesand" '"
4 under clauses twenty-second and twenty-third of section five of said i™and"harSfd
5 chapter, and shall apportion one third of such taxes among the towns ^fti'^"'!,'nd'
6 according to the basis determined by him for an apportionment of the '^Ye^jgn 4
7 state tax under section nine of this chapter, and the amount so appor- 1930! 416! § 3.
8 tioned to each town shall be a charge against it. He shall also determine
9 the amount of taxes so exempted in each town, and one third thereof shall
10 be a credit to the town making the exemption. He shall forthwith give
11 written notice by mail or at their office to the assessors of each town
12 thereby affected of the amounts so charged against and credited to it,
13 and they may within ten days after the date of the notice appeal from his
14 determination to the board of tax appeals.
672
GENERAL PROVISIONS RELATIVE TO TAXATION. [ChAP. 58.
Commissioner
to certify
charges and
credits to
treasurer, who
shall withhold
or allow them.
1916, 299. § 5.
1930, 416, § 4.
Section 12. The commissioner, at the expiration of ten days after 1
notice under the preceding section or upon being informed of the decision 2
of the board of tax appeals, if an appeal is taken, shall certify to the state 3
treasurer the amount of charges against and credits to each town as 4
determined thereunder, and the treasurer shall thereupon withhold out 5
of any sums payable by the commonwealth to each town against which a 6
charge is certified, and shall allow or pay over to each town to which a 7
credit is certified, as the case may be, the amount so certified. 8
REIMBURSEMENT FOR LOSS OF TAXES ON LAND USED FOR PUBLIC INSTI-
TUTIONS, ETC.
Valuation
of certain
state and
county lands
every five
years.
1910, 607,
§§1.2.
1921, 486. § 15.
1923, 271. § 1.
1931, 426,
§179.
Notice to
.\ppeal.
1910, 607, § 3.
1911,478, § 2.
1923, 271, §2.
1930, 416, § 5.
Effect of
determina-
tion. Valua-
tion of newly
acquired land
and state
forests.
1910,607, § 4.
1911,478. § 3.
1921, 282, § 1.
1923, 271, § 3.
1930, 410, 5 0.
Section 13. In nineteen hundred and twenty-five and in every fifth 1
year thereafter the commissioner shall between April first and June first 2
determine as of April first the fair cash value of all land in every town 3
owned by the commonwealth and used for the purposes of a public 4
institution, a fish hatchery, game preserve or wild life sanctuary, a state 5
military camp ground or a state forest; and he shall between April first (i
and June first in the year nineteen hundred and twenty-five and in every 7
fifth year thereafter, determine as of April first the fair cash value of all 8
land in every town held by county commissioners for hospital purposes 9
under sections seventy-eight to ninety, inclusive, of chapter one hundred 10
and eleven. This determination shall be in such detail as to lots, sub- 11
divisions or acreage as the commissioner may deem necessary, and to 12
assist him in making it he may require oral or written information from 13
any officer or agent of the commonwealth or of any county or town therein 14
and from any other inhabitant thereof, and may require such information 15
to be on oath. Such officers, agents and persons, so far as able, shall 16
furnish the commissioner with the required information in such form as 17
he may indicate, within fifteen days after being so requested by him. 18
Section 14. The commissioner, not later than June tenth of each
year in which he makes such determination, shall notify the assessors
of each town where the commonwealth owns, or the county commission-
ers hold, land for the purposes named in the preceding section, of his
determination of the value of such land in such town. A board of asses-
sors aggrieved by said determination may, within ten days after the date
of the notice, apply for a correction thereof to the board of tax appeals.
Said board shall give a hearing to such assessors not later than July
fifteenth following, and shall seasonably notify them and the commis-
sioner of the time and place of the hearing. After the hearing said board
shall notify said board of assessors and the commissioner of its finding as
to the value of the land in question, and its decision shall be conclusive.
Section 15. The valuation determined under the two preceding sec-
tions shall be in effect for the purposes of sections seventeen and seven-
teen A during the year in which such valuation is made and the four
succeeding years, and until another valuation is made under sections
thirteen and fourteen, except that whene\er land is acquired by the com-
monwealth or by county commissioners for the purposes set forth in
section thirteen the commissioner shall adopt the assessed valuation of
said land made in the year last i)receding such acquisition, and such
assessed valuation shall be the valuation of the land for the purposes of
sections seventeen and seventeen A, until a new valuation is made bv the
8
9
10
11
12
1
2
3
4
5
G
7
S
9
10
Chap. 58.] general provisions relative to taxation. 673
1 1 commissioner or by the board of tax appeals under section thirteen or
12 fourteen; providetl, that as to hind used for a state forest such assessed
13 vahiation shall be reduced by deducting therefrom the value of all forest
14 products renio\"ed from such land between April first on which it was
1.5 last assessed and April first in the year for which the reimbursement is
1(1 to be made, the amount thereof to be certified annually before May first
1 7 to the commissioner by the state forester.
1 Section 16. In every year, not later than August first, the commis- Annual state-
2 sioner shall deli\'er to the state treasurer a statement as to the value of "r™sur°r " "_
'A land owned by the commonwealth for the purposes named in section jg'j?; I2I1 ^ "'
4 thirteen in each town, and of the amount of money to be paid to each ^ '*'^-
5 of such towns as determined by the following section.
1 Section 17. The treasurer in every year, not later than November Rateofreim-
2 twentieth, shall reimburse each town in which the commonwealth owns imM", § 6.
3 land for the purposes named in section thirteen an amount in lieu of 1922', l4?'§\*'
4 taxes upon the value of such land as reported to him liy the commissioner
5 under the preceding section, determined by multiplying each thousand
G dollars of valuation or fractional part thereof by the rate provided for
7 under section fifty-eight of chapter sixty-three.
1 Section 17 A. The assessors of any town in which county commis- Taxation
2 sioners hold land for the purposes set forth in section thirteen shall assess for cSunty tu-
3 such land to the county in the annual valuation and tax list at the value pfS °^'^
4 determined by the commissioner or the board of tax appeals under sec- Jgjo; HI] 1 1;
5 tion thirteen or fourteen, or adopted by the commissioner as provided in
6 section fifteen, and at the tax rate of the town for that year. If notifica-
7 tion as provided in said section fourteen is not received by the assessors
8 in time to make the assessment in the manner above provided, the land
9 shall be assessed at said value under the provisions of section seventy-five
10 of chapter fifty-nine. The tax bill for land so assessed shall be sent to
11 the county treasurer who shall pay the same from funds available for
12 carrying out the provisions of section eighty-five of said chapter one
13 hundred and eleven, and such payment shall be deemed a part of the cost
14 of hospital maintenance for said year within the meaning of said section
15 eighty-five.
distribution of taxes.
1 Section IS. The state treasurer shall annuallv on or before Novem- Distribution
- I .,,.., , I • ■ 1 ^ • j_- J. of income tax.
2 ber twentieth distribute to the several cities and towns, in proportion to 191s, 219.
3 the amounts of state tax imposed upon such cities and towns in that year, 363, '§ 1. '
4 the proceeds of the taxes collected by the commonwealth on incomes }924', 222,S^i.
5 under chapter sixty-two, after deducting a sum sufficient to reimburse J^^v, 222, § 1.
6 the commonwealth for the expenses incurred in the collection and dis- jV/j^j^gg 42
7 tribution of said income taxes and for such of said taxes as have been 237 Mass. 50,
8 refunded under said chapter sixty-two or section twenty-seven of this
9 chapter during said year, together with any interest or costs paid on
10 account of refunds, which shall be retained by the commonwealth, and
1 1 after deducting also a sufficient sum to be distributed under Part I of
12 chapter seventy.
1 Section 19. [Repealed, 1931, 428, § 1.]
674
GKNERAL PROVISIONS RELATIVE TO T.AXATION. [CiLVP. 58.
Distribution
of business
corporation
tax.
1919. 3.55,
§§ 13,31.
1922. 362, §
1927. 222, §
1930, 220, §
Section 20. From the total taxes paid in any state fiscal year by 1
domestic business and domestic manufacturing corporations and foreign 2
manufacturing and other foreign corporations under sections thirty to 3
fifty-one, inclusive, of chapter si.xty-three there shall be deducted such 4
taxes paid under said sections as have been refunded under said chapter 5
or section twenty-seven of this chapter during said year, together with 6
any interest or costs paid such corporations on account of refunds. One 7
sixth of the balance shall be retained by the commonwealth, and five 8
si.xths shall be distributed, credited and paid to each of the several towns 9
in the proportion that the value of the tangible property owned by all 10
corporations taxable under any provision of sections thirty to fifty-one, 11
inclusive, of chapter sixty-three and situated in each town, bears to the 12
value of the total tangible property owned by all such corporations and 1-3
situated within the commonwealth, as determined by the commissioner 14
from the returns of the previous taxable year or in such other manner as 15
he may deem just and equitable. 16
Dietribution of
certain corpo-
rate francbise
taxes.
1864, 208,
S8 8. 15.
1865, 283. § 15.
1866, 291, § 2.
P. S. 13, §57.
1887. 228.
1888. 413, § 23.
1898,417;
578. 5§ 4, 26.
1900, 413, § 5.
1901, 413, § 4.
R. L. 14,
1903. 4.37,
1906, 463,
II. § 216,
III, § 131
516, § 20.
1908, 614.
1909. 490,
III, §64.
(61.
Section 21. Such proportion of the tax paid by each corporation,
company or association under sections fifty-three to si.xty, inclusive, of
chapter sixty-three, except railroad, street railway, electric railroad, tele-
phone, telegraph, gas, electric light, gas and electric light and water com-
panies, as corresponds to the proportion of its stock owned by persons
residing in this commonwealth, shall be distributed, credited and paid
to the several towns in which, from the returns or other evidence, it
appears that such persons resided on April first preceding, according to
the number of shares so held in such towns respectively. If stock is held
by a fiduciary, the beneficiary shall be regarded as the shareholder for
the purpose of distribution under this section, and if a town is a share-
holder, the distribution shall be the same as if the stock were owned by
a resident thereof.
9
10
11
12
13
1910. 4.i6.
1912, 695.
1914, 198, § 6.
1916, 299. §§ 1, 2.
1919, 349. § 21.
184 Mass. 460.
190 Mass. 123.
1 Op. A. G. .570.
4 Op. A. G. 82.
Distribution
of franchise
tax of electric
railroads and
street railways.
1864, 208,
§§8, 15.
1865, 283, § 15.
1866, 291, § 2.
P. S. 13, § 57.
1887, 228.
1888, 413, § 23.
1898,417:578,
5§4, 26.
1900, 413, § 5.
1901, 413, § 4.
R. L. 14, § 61.
1903, 437, § 86.
1906, 463, II,
§ 216, III,
§131; 516, §20.
Section 22. The tax paid by each electric railroad and street rail- 1
way company under sections fifty-three to sixty, inclusive, of chapter 2
sixty-three shall be apportioned among the several towns in proportion 3
to the length of tracks operated by such company in said towns respec- 4
tively. The share of the tax paid by a street railway or an electric rail- 5
road company in respect of its tracks upon locations granted by the 6
board having charge of metropolitan parks, of the Wachusett mountain 7
state reservation or of the Greylock reservation shall be apportioned to 8
the commonwealth, and credited by the state treasurer to the sinking 9
fund of the loan to which the expenditure for the road, boulevard, park 10
or reservation in which the tracks are located was charged. 1 1
1908, 614.
1909, 490, III,
64.
1912, 695.
1914, 19S, § 6.
1919, 349, § 21.
207 Mass. 514.
of'fJanc"hL°e° SECTION 23. The corporate franchise tax paid by railroad, telephone
andtcicpho™''^ ^"'^ telegraph companies shall be distributed, credited and paid to the
companies"''' towus of the Commonwealth or shall be retained by the commonwealth
1916, 299, §1. in the manner following: Such ])art of said tax paid by each of said
corporations as is paid on account of shares of its stock owned by non-
residents of Massachusetts shall be retained by the commonwealth.
Chap. 5S.J general provisions relative to t.\xation. 675
7 The remainder of said tax shall be distributed, credited and paid to
8 the several towns in proportion to the total assessed value of property
9 actually taxed in each town for the preceding year.
1 Section 24. The corporate franchise tax paid by gas, electric light, Distribution
2 gas and electric light and water companies shall be distributed, credited tnxof Jaa!"
3 and paid to towns of the commonwealth or shall be retained by the com- wator'com-
4 monwealth in the manner following: Such part of said tax paid by fg^gf 299, § 2.
5 each of said corporations as is paid on account of shares of its stock owned
() by non-residents of Massachusetts shall be retained by the common-
7 wealth. The remainder of such tax shall be distributed, credited and
S paid to the town of the commonwealth where the business of the cor-
9 poration is carried on; and if any such corporation carries on its busi-
10 ness in more than one such town, this part of the tax paid by it shall be
11 distributed, credited and paid to such towns in proportion to the value of
12 the works, structures, real estate, machinery, poles, underground con-
13 duits, wires and pipes of the corporation in each of them on April first,
14 as determined from the returns or in any other manner.
1 Section 24A. Interest received by the commonwealth on overdue Distribution
2 taxes from corporations under section seventy of chapter sixty-three, on'^irTafn
3 shall be distributed, credited and paid to the several towns in the same texes."^""™
4 manner and proportions as the principal of such taxes is distributed, Jpy'ilf'ls'
5 credited and paid. Any sum abated from a tax distributable to the several
6 towns under sections twenty-one to twenty-four, inclusive, and refimded,
7 and any interest or costs paid on account of such refund, shall be deducted
S from the amount to be distributed, credited or paid.
1 Section 25. The commissioner shall ascertain and determine the Commissioner
2 amount due to each town under sections twenty to twenty-four A, inclu- amountTdue
3 sive, notify the treasurer of each town thereof, and certify the amount as towns^'pTrtiai
4 determined to the state treasurer, who shall thereupon pay the same. i865''283?Ti5.
5 The commissioner in his discretion may from time to time within the J'gg|- 573^ ^*'
6 fiscal year make partial distributions of taxes paid therein and distribut- H^.'s.
7 able under the provisions of section twenty, withholding such sums as kos'. 437, § 87.
8 may to him seem proper to provide for refunds and abatements. Any 11, §'217,'
9 decision made by the commissioner under sections twenty-one to twenty- 510, 1 2'!^'
10 four A, inclusive, shall be subject to appeal to the board of tax appeals. in.^j ca"'
1921, 37.5. § .3. 1924, 206, § 2. 212 Mass. 434.
1922, 362, § 2. 1930, 410. § 8.
1 Section 2.5A. Annually on or before August first the commissioner Annua!
2 shall, upon the basis of the information then in his possession, estimate returns To"
3 the amount each town is to receive under section seventeen, and sections undlrTu*"^"'
4 eighteen to twenty-five, inclusive, of this chapter and sections five and ^®^^" *^*' ^ ^'
5 six of chapter sixty-three and notify the assessors of such town thereof.
6 Said assessors, in determining the rate of taxation to be levied upon
7 taxable property for the year, shall include in the estimated receipts
8 lawfully applicable to the payment of expenditures the aforesaid amount.
1 Section 26. A guardian who holds, or whose ward holds, shares of G™rdians,
o 1 • • 1 • T '1 1 ■ I I executors, ad-
2 stock m any corporation the tax on whose shares is distributed in whole ministratoj-s,
3 or in part according to the residence of the shareholder, including banks partnerships
676
GENERAL PROVISIONS RELATIVE TO TAXATION. [ChAP. 58.
to make returns
of certain stock
held.
1864, 208, § 4.
1865, 283,
§§ 2, 14.
1873, 141, § 9;
315, § 15.
P.S. 13, §7.
R. L. 14,
§§8, 55.
1909. 490,
III, §§8,59;
628.
1914, 198,
§§ 2, 6.
Penalty.
located in the commonwealth liable to taxation, and an executor, ad- 4
ministrator, trustee or other person who holds in trust any such stock, 5
shall annually, between April first and tenth, return under oath to the 6
commissioner the names and residences, on the first day of that month, 7
of themselves and of all such wards or other persons to whom any part 8
of the income from such stock is payable, the number of shares of stock 9
so held and the name and location of the corporation. 10
A partnership shall annually, between April first and tenth, make a 11
like return, stating the amount of such stock owned by the firm, the 12
names and residences of all the partners and the proportional interest or 13
ownership of each partner in said stock. 14
If a guardian, executor, administrator, trustee or partnership neglects 15
to make the returns required by this section on or before April tenth of 16
each year, the commissioner shall give notice by mail, postage prepaid, 17
to such fiduciary or partnership of such default. If such fiduciary or IS
partnership omits to file said return within thirty days after such notice 19
of default has been given, he or it shall forfeit to the commonwealth not 20
less than five nor more than ten dollars for each day for fifteen days 21
after the expiration of said thirty days, and not less than ten nor more 22
than two hundred dollars for each day thereafter during which such 23
default continues, or any other sum, not greater than the maximum for- 24
feiture, which the court may deem just and equitable. Such forfeiture 25
may be recovered as provided in chapter sixty-three. 26
Taxes illegally,
etc., exacted
may be
abated and
repaid upon
seasonable
application.
Equalization of
burden of
repayment.
1919, 146.
1922, 382.
1926,287, § 1.
1931,426,
§182.
257 Mass. 43.
269 Mass. 352.
273 Mass. 212.
REPAYMENT OF ILLEGAL TAXES.
Section 27. If it shall appear that an income tax, a legacy and sue- 1
cession tax, or a tax or excise upon a corporation, foreign or domestic, 2
was in whole or in part illegally assessed or levied, or was excessive or 3
unwarranted, the commissioner may, with the approval of the attorney 4
general, issue a certificate that the party aggrieved by such tax or excise 5
is entitled to an abatement, stating the amount thereof. If the tax or 6
excise has been paid, the state treasurer shall pay the amount thus certi- 7
fied in such manner and with or without interest as the certificate shall 8
provide, without any appropriation therefor by the general court. No 9
certificate for the abatement of any tax or excise shall be issued under 10
this section unless application therefor is made to the commissioner 11
within two years after the date of the bill for said tax or excise, or for an 12
amount exceeding the sum which in equity and good conscience ought 13
to be abated under all the circumstances of the case. In issuing certifi- 14
cates hereunder, the commissioner and attorney general may, if they 15
deem it expedient, equalize the burden of repayment by providing in the 16
certificate for postponement of payment, or for payment by instalments. 17
The decision of the commissioner and attorney general shall be final. 18
The state treasurer shall retain from the sums next to be distributed to 19
any city or tovni under sections eighteen to twenty-four A, inclusive, an 20
amount equal to the sum which has already been paid to such city or 21
town on account of any tax or excise refunded under this section. This 22
section shall be in addition to and not in modification of any other 23
remedies. 24
Chap. 58.] general provisions relative to t.\xation. 677
ASSESSMENT FOR DEPOSITS WITH STATE TREASURER.
•1 Section 28. The commissioner shall annually assess upon every cor- commissioner
2 poration or organization required by law to make deposits in trust with sess'ine'^nt'on
8 the state treasurer one twentieth of one per cent of the average of such g™**' '"'"''''
4 deposits by it for the year last preceding such assessment. Such assess- j|^}' ^33.
5 ment shall be collected in the same manner as taxes upon corporations, k l! o, §' 6.
reports.
1 Section 29. In addition to the report required by section nine the Commissioner
2 commissioner shall annually make the following reports to the general In^auVto"'^
3 court: general court.
4 (1) In January a report of the transactions of his office for the pre- Regular
5 ceding year, including tabular statements of the amounts of exempted isTsfsiuTt
6 property returned under section eighty-six of chapter fifty-nine, and ]ll\\ ^84; 1 4;
7 an abstract of such particulars from the lists of property held for literary, ^jJI '|,'J Pj
8 benevolent, charitable or scientific purposes as he shall deem for the Ji^^Ms*' ,
, ,. . ' '^ R. L. 14. § 3.
9 public interest.
1009, 490, III, § 3.
10 (2) A printed compilation of the aggregate returns under section forty- Compilation
11 seven of chapter fiftv-nine from the cities and towns, arranged bv coun- aRgregates.
12 ties so as to exhibit the total valuation of the towns, cities, counties, and p. s.'ii, § 57.'
13 the commonwealth.
R. L. 12, § 63. 190S, 314. 1909, 490, I, § 62.
14 (3) A similar compilation of the returns of omitted assessments made Same from
15 under section forty-eight of said chapter. This shall be printed and fur- ^sessments.
16 nished to the general court as soon as may be after such returns are filetl. \l\i] HI; ^ ^'
17 (4) On or before May first a report of the amount of income assessed Report ot
18 under chapter sixty-two, and also an estimate of the probable amount f!ir°tTxati'on!^^
19 of taxes that will be levied upon incomes thereunder. '^^®' ^^^'
destruction of certain documents.
1 Section 30. The commissioner may, after the lapse of five years from Commissioner
2 the date of their receipt, destroy returns made to him under section retuml.^etc^
3 twenty-six of this chapter, copies, returns and statements made under I931; HI', § es.
4 sections forty-nine, eighty-three and eighty-six of chapter fifty-nine,
5 and returns and copies made under sections three, thirteen, seventeen,
6 twenty, twenty-five, thirty-five, forty, fifty-three and fifty-four of chap-
7 ter sixty-three.
678
BOARD OF TAX APPEALS.
[ClIAP. 58A.
CHAPTER 58A.
BOARD OF TAX APPEALS.
Sect.
1. Board of tax appeals, establishment,
etc.
2. Principal office, meetings, hearings.
3. Reports and opinions, publication and
sale.
4. Annual report.
5. Traveling, etc., expenses. Clerk, em-
ployees and expenditures.
6. Jurisdiction.
7. Appeals to board, petition, abatement
by appellee, answer, entry fee, etc.
Sect.
8. Hearings.
9. Service of process, etc.
10. Stenographic reports of proceedings.
11. Oaths, administering of. Witnesses.
Depositions.
12. Costs.
13. Findings, decisions and opinions, re-
ports of. -Appeals to supreme judi-
cial court.
Board of
tax appeals,
establishment,
1930, 416, § 1.
Section 1. There shall be in the department of the state treasurer,
but in no manner subject to his control, a board of tax appeals, in this
chapter referred to as the board, consisting of three members appointed
by the governor, with the advice and consent of the council, who shall
be designated in their initial appointments to serve respectively for two,
four and six years from December first in the year of appointment. The
governor shall designate one of the members as chairman, l^pon the
expiration of the term of office of a member, his successor shall be ap-
pointed in the manner aforesaid for six years. The chairman shall re-
ceive a salary of seventy-five hundred dollars and each other member
shall receive a salary of seven thousand dollars.
No member of the board shall, while he remains a member, act as
attorney, counsellor or accountant in any contested matter of taxation
before the department of corporations and taxation, before any board of
assessors or before the courts of the commonwealth; but the foregoing
shall not be construed to prevent a member of the board from acting
as attorney, counsellor or accountant in any tax matters other than those
dealing with taxes levied by the commonwealth or by a subdivision
thereof. The majority of the members of the board shall constitute a
quorum for the transaction of its business. A vacancy in the board shall
not impair its powers nor affect its duties. The board shall have a seal
which shall be judicially noticed.
1
2
o
•>
4
5
G
S
9
10
11
12
13
14
15
1()
17
IS
19
20
21
Principal office,
meetings,
hearings.
1930, 416, § 1.
Section 2. The principal office of the board shall be in Boston but
it may sit at any place within the commonwealth. The time and place
of its meetings shall be prescribed by the chairman. The county commis-
sioners shall provide the board with suitable rooms in courthouses or
other buildings when necessary for hearings outsitle the city of Boston.
Adequate offices and a hearing room in the state house or elsewhere in
said city shall be pro\ided for the board.
Reports and
opinions, pub-
lication and
Bale.
1930, 410, 5 1.
Section 3. The board shall provide for the publication and sale or
distribution of such of its reports and opinions as are of j)ublic interest,
in such form and manner as it may deem best adapteil for public con-
venience and use, ujion such terms and conditions as may be approved
by the governor and council.
Chap. 58A.] board of tax appeals. 679
1 Section 4. The board shall make to the general court an annual ^^^^^^I'ii'i^^'i:
2 report containing such suggestions and recommendations for the amend-
3 ment, alteration and modification of existing laws relative to taxation
4 and related matters, as it may deem desirable, and shall include in such
5 report a statement of the number and type of matters handled by it dur-
G ing the preceding state fiscal year and the number of matters pending
7 at the end of the year.
1 Section 5. The members and employees of the board shall receive Traveling, etc.,
2 their necessary traveling ex-penses and their expenses actually incurred ciorkfem-
;; fur subsistence while traveling outside the city of Boston in the perform- eliSfures.
4 ance of their duties. The board may, subject to the approval of the i'-'*^- *^^' ^ '■
5 governor and council, appoint and fix the compensation of such em-
G ployees, including a clerk, and make such expenditures, including expend-
7 itures for law books and publications, as may be necessary in order to
8 execute efficiently the functions vested in said board. All expenditures
9 of the board shall be allowed and paid oiit of moneys appropriated for the
10 purposes of the board, upon presentation of itemized vouchers therefor,
11 signed by the chairman or a person designated by the board for the
12 purpose.
1 Section 6. The board shall have Jurisdiction to decide appeals under Jurisdiction
2 the provisions of sections eleven, fourteen and twenty-five of chapter
3 fifty-eight; of clauses seventeenth and twenty-second of section five of
4 chapter fifty-nine; of sections seven, thirty-nine, sixty-four, sixty-five,
5 seventy-three and eighty-one of said chapter fifty-nine; of section two
6 of chapter sixty A; of sections forty-five and fifty-one of chapter sixty-
7 two; of sections two, five, eighteen A, twenty-eight, fifty-one, sixty and
8 seventy-one of chapter six-ty-three ; of section six of chapter sixty-four;
9 of sections five and ten of chapter sixty-four A ; of sections twenty-five
10 and twenty-six of chapter sixty-five; of section four of chapter sixty-five
11 A; and under any other provision of law wherein such jurisdiction is or
12 may be ex-pressly conferred. Except as otherwise provided by law, no
13 appeal to the board shall stay the collection of any tax or excise. When-
14 ever the commissioner of corporations and taxation, in this chapter called
15 the commissioner, or a board of assessors before whom or which a petition
16 for the abatement of a tax is or shall be pending fails to act upon said
17 petition, except with the written consent of the petitioner, within four
18 months of the date of the filing of such petition for abatement, the peti-
19 tion shall be deemed to be denied, and the taxpayer shall have the right to
20 take any appeal from such decision to which he may be entitled by law,
21 in the same manner as though the commissioner or board of assessors had
22 in fact denied the said petition. The period limited in any statute for
23 taking an appeal to the board of tax appeals shall not begin to run until
24 such a petition for abatement of a tax is in fact denied by the commis-
25 sioner or board of assessors.
1 Section 7. An\- party taking an appeal to the board from a decision Appcj»is^to^.^^^
2 or determination of the commissioner or of a board of assessors, herein- abatement^by '
3 after referred to as the appellee, ^hall file a petition with the clerk of the swer, entry
4 board of tax appeals and serve upon said appellee in the manner pro- {^^q^ 416, § 1.
5 vided in section nine a copy thereof. The commissioner shall forthwith
6 furnish a copy of each such petition served upon him to the attorney
7 general. The petition upon such appeal shall set forth specifically the
680
BOARD OF T.\X APPEALS.
[Chap. 58A.
facts upon which the party taking an appeal, hereinafter called the 8
appellant, relies, together with a statement of the contentions of law 9
which the appellant desires to raise. The appellant shall state upon the 10
petition the address at which service of any pleading, motion, order, 11
notice or process in connection with the appeal can be made upon him. 12
Within twenty days of the date of the filing of such petition upon appeal, 13
the appellee may abate the tax appealed from in whole or in part or change 14
his or its determination. If the portion of the tax in issue is abated only 15
in part, or if abatement is refused, or if the determination in issue is not 16
changed to the satisfaction of the appellant, the appellee shall, unless the 17
appeal is withdrawn by the appellant, file with the board an answer stat- 18
ing fully each finding of fact and ruling of law made with respect to the 19
tax or determination in issue and denying or admitting each and every 20
allegation of fact contained in the petition. A copy of the answer shall 21
be served upon the appellant, in the manner provided in section nine. 22
Within ten days of the filing of the answer, the party taking the appeal 23
shall pay to the clerk of the board an entry fee of ten dollars. The board 24
shall not consider, unless equity and good conscience so require, any 25
issue of fact or contention of law not specifically set out in the petition 26
upon appeal or raised in the answer. 27
Hearings.
.1930, 416, § 1.
Section S. A hearing shall be granted if any party to an appeal so
requests, and, upon motion of any party to an appeal or by direction of
the board, any appeal may be set down for a hearing. Hearings before
the board shall be open to the public and such hearings and all proceed-
ings before the board shall be conducted in accordance with such rules of
practice and procedure as the board may make and promulgate.
Service of
process, etc.
1930, 416, § 1.
Section 9. The mailing by registered mail, postage prepaid, to the 1
address of any appellant as given on the petition upon appeal, or to the 2
address of his attorney or agent of record, if any, or to the usual place of 3
business of the commissioner or of the board of assessors, shall be deemed 4
sufficient service of any pleading, motion, order, notice or process so 5
served in respect to proceedings before the board. The board may order 6
that further notice be given in any case. 7
Stenographic
reports of
proceedings.
1930, 416, § 1.
Section 10. At the request of any party or on its ovm motion, the
board shall order that all proceedings in a pending appeal be stenographi-
cally reported. The board may contract for the reporting of such hearings
at the ex-pense of the commonwealth and in such contract may fix the
terms and conditions upon which transcripts will be supplied to the board
and to other persons and agencies by the stenographer.
Oaths, ad-
ministering of.
witnesses.
Depositions.
1930, 416, § 1.
Section 11. Any member of the board, or any employee of the 1
board designated in writing for the purpose by the chairman, may ad- 2
minister oatiis, and any member of the board may summon and examine 3
witnesses and require, by subpoena signed by the member, the production 4
of all returns, books, papers, documents, correspondence and other a
evidence, pertinent to the matter under inquiry, at any designated place (i
of hearing, and may require the taking of a deposition before any person 7
competent to administer oatlis, either within or without the common- S
wealth. In the case of a deposition, the testimony shall be reduced to 9
writing by the person taking tlie deposition or under his direction and 10
shall then be subscribed by the deponent. 1 1
Chap. 58A.] board of tax appeals. 681
12 Either party may summon witnesses or may require the production of
13 papers in the same manner in which witnesses may be summoned and
14 papers may be required to be produced for the purpose of trials in the
15 courts. Any witness summoned or wiiose deposition is taken shall receive
16 the same fees and mileage as witnesses in the courts.
1 Section 12. Witness fees and expenses of service of process, together Costs.
2 with the entry fee of ten dollars required in section seven, may be taxed ^'^^°' * '
3 as costs against the unsuccessful party to the appeal, in the discretion
4 of the board. In the e\'ent that the commonwealth, or any official thereof,
5 is the unsuccessful party to an appeal, the costs shall be paid from the
(j state treasury upon certificate of a member of the board in such form as
7 the board may prescribe by regulation. In the event that a subdivision
8 of the commonwealth, or any official thereof, is the unsuccessful party to
9 an appeal, the costs shall be paid from the treasury of such subdivision
10 by the treasurer thereof upon certificate of a member of the board in such
1 1 form as the board may prescribe by regulation. In the event that costs
12 are taxed against an unsuccessful taxpayer, a member of the board shall
13 certify the amount of the same and they may be recovered in an action of
14 contract by the state treasurer, in the case of a tax assessed by the com-
15 missioner, or by the treasurer of the subdivision of the commonwealth in
16 behalf of which the tax appealed from was assessed.
1 Section 13. The board shall make findings of fact and a decision in Fmdmgs^de-
2 each case before it, and report thereon, in writing, except that the findings opinions, re-
3 of fact and report thereon may be omitted in case of a decision dismissing Appeals to
4 any proceeding upon motion of the appellant. Such report may, in the jE^coun.
5 discretion of the board, contain an opinion in writing, in addition to the JgaJ;!}!; ^ ^■
6 findings of fact and decision. All reports, findings and opinions of the §§i.'2.
7 board and all evidence received by the board, including a transcript of
8 the stenographic record of the proceedings, shall be open to the inspection
9 of the public; except that the originals of books, documents, records,
10 models, diagrams and other exhibits introduced in evidence before the
1 1 board may be withdrawn from the custody of the board in such manner
12 and upon such terms as the board may in its discretion prescribe. The
13 decision of the board shall be final as to findings of fact. From any de-
14 cision of the board upon an appeal from a decision or determination of the
15 commissioner, or of a board of assessors, except decisions of the board
16 under sections twenty-five and twenty-six of chapter six-ty-five, an appeal
17 as to matters of law may be taken to the supreme judicial court by either
18 party to the proceedings before the board. A claim of appeal shall be
19 filed with the clerk of the board within twenty days after the date of the
20 decision of the board; and within twenty days thereafter, or within
21 such further time as the board may allow, the appealing party shall enter
22 the appeal in said court, in the county where either party lives or has
23 his usual place of business, or in Suffolk county, and shall file with the
24 clerk of said court a copy of the record before the board, shall serve by
25 registered mail upon the adverse party a copy of the claim of appeal and
26 a notice that he has entered said appeal and shall file an affidavit of such
27 service with said clerk. The record in such an appeal shall include copies
28 of the following: — the tax returns and lists, if any, filed by the tax-payer,
29 so far as material to the controversy, the original assessment or other
30 original determination in issue, so far as material, the request for abate-
31 ment or other petition filed with the commissioner or with the board of
682 BOARD OF TAX APPEALS. [ChAP. 58A.
assessors and the decision or determination thereon, the petition upon 32
appeal to the board, the answer to the petition and other pleadings, if 33
any, filed with the board, the report and findings of the board including 34
any opinions filed, all requests for rulings of law and findings of fact and 35
the disposition of each by the board, the claim of appeal to the supreme 36
judicial court and such portion of the stenographic transcript of the evi- 37
dence before the board as may be necessary for the consideration of any 38
question of law raised before the board, which it is alleged that the board 39
has erroneously decided. Each claim of appeal shall set out separately 40
and particidarly each error of law asserted to have been made by the 41
board, with precise references to the portions and particulars of the pro- 42
ceedings before the board in which it is alleged that error of law occurred. 43
Upon the entry of the appeal it shall be heard and determined by the full 44
court. Within ten days from the entry of the appeal in the supreme judi- 45
cial court the appealing party shall give the clerk of said court an order in 46
writing to print the record filed with him and the affidavit of ser\'ice for 47
transmission to the full court, and, thereupon, in the manner provided 48
in the second paragraph of section one hundred and thirty-five of chapter 49
two hundred and thirty-one for carrying questions of law to the full 50
court, the expense shall be estimated, notified to and paid by the appeal- 51
ing party, said record shall be printed and, together with any original 52
papers, transmitted to the full court, and said appeal shall be entered on 53
the docket of the full court. The court shall not consider any issue of 54
law which does not appear to have been raised in the proceedings before 55
the board. The court upon determination of the appeal may make such 56
order as such determination may require including an order for costs. 57
Upon the entry of such order, with or without an order for costs, a copy 58
thereof shall be transmitted by the clerk of said court to the clerk of said 59
board. If the order grants an abatement of a tax assessed by the com- 60
missioner or by the board of assessors of a town and the tax has been 61
paid, the amount abated with interest at the rate of six per cent per 62
annum from the time when the tax was paid, and, if costs are ordered 63
against the commissioner or against a board of assessors, the amount 64
thereof, shall be paid to the taxpayer by the state treasurer or by the town 65
treasurer, as the case may be, and, if unpaid in the latter case, execution 66
therefor may issue against the town as in actions at law. If costs are 67
ordered against a taxpayer execution shall issue therefor. The appeal 68
to the supreme judicial court under this section shall be the exclusive 69
method of reviewing any action of the board, except action under sections 70
twenty-five and twenty-six of chapter sixty-five. For want of prosecu- 71
tion of an appeal in accordance with the provisions of this section the 72
board, or, if the appeal has been entered in the supreme judicial court a 73
justice of that court, may dismiss the appeal. Upon dismissal of an 74
appeal the decision of the board shall thereupon have full force and ett'ect. 75
Chap. 59.]
ASSESSMENT OF LOCAL TAXES.
683
CHAPTER 59.
ASSESSMENT OF LOCAL TAXES.
Sect.
persons and property subject to tax-
ATION.
1. Poll tax.
2. Property subject to taxation.
3. Real estate to include buildings, etc.
3.\. Real estate of municipality used for
other than public purpose.
4. Property taxable as personal estate.
PERSONS AND PROPERTY EXEMPT FROM TAX-
ATION.
5. Certain property and polls exempted.
PAYMENT I.N LIEU OF TAX ON PROPERTY
HELD FX)R CERTAIN IIUNICIPAL PUR-
POSES.
6. Land held by city or town, etc., in
another, for water supply, etc.
Valuation.
7. Determination of valuation of land
held under preceding section.
EXCISE TAX ON CERTAIN SHIPS OR VESSELS.
8. Interests in ships and vessels in inter-
state or foreign carrying trade or
in fishing liable only to excise.
WHERE AND TO WHOM POLLS AND PROPERTY
SHALL BE ASSESSED.
9. Poll tax, where assessed.
10. Determination of legal residence for
poll tax.
11. Land, where and to whom assessed.
12. Taxation of mortgaged land.
13. Value of mortgage interest, how de-
termined.
14. Mortgagors and mortgagees joint
owners for taxation.
1!>. Rights of tenant paying taxes.
16. Taxation of real estate of decedent,
liability of heirs, etc., and contribu-
tion.
17. Taxation of real estate of decedent if
title doubtful, etc.
18. Personal estate, where and to whom
assessed.
19. Mortgaged, etc., personal property,
who deemed owner.
DUTY AND MANNER OF ASSESSING T.\XES.
20. State treasurer to send warrants.
21. Duty of assessors.
22. [Repealed.]
23. Amount of annual assessment.
23A. Assessors to notify financial officers
in cities and towns.
Sect.
23B. Notices of abatements.
24. Interest on debt for railroad subscrip-
tion to be included in assessment.
25. Assessors may add not more than
five per cent to amount of annual
assessment.
26. State, county and town taxes in one
assessment.
27. County commissioners to appoint,
etc., in case of neglect by assessors.
2S. Liability of town, etc., for tax not
assessed or unpaid.
NOTICES AND LISTS.
29. Assessors to issue notices requiring
lists, etc.
30. Assessors to furnish blank lists.
31. Lists to be verified by oath.
32. Inspection of lists.
33. Storage warehouses to give certain
information to assessors.
34. Statement by mortgagor or mort-
gagee.
3.5. Lists to be taken as true, unless, etc.
30. Estimate of value in default of list.
37. Estimate to be conclusive, when.
VALUATION OF PROPERTY.
38. Valuation of property subject to tax-
ation.
39. Valuation of machinerj', poles, wires,
etc., of telephone and telegraph
companies.
40. Assessors to inform commissioner,
etc.
41. Telephone and telegraph companies
to make returns, etc.
42. Estimate by commissioner in default
of return.
BOOKS, LISTS, TABLES AND RETURNS OP
AS.SESSORS.
43. Valuation and assessment to be
made in books, and list to be open
to public.
44. List to contain polls and estates of
inhabitants, estates of non-resi-
dents, etc.
45. Commissioner to furnish books to
assessors. Form.
46. Directions to assessors in making
lists in books.
47. Assessors to prepare table of aggre-
gates and deposit copy annually
with commissioner.
684
ASSESSMENT OF LOCAL TAXES.
[Chap. 59.
Sect.
48.
49.
50.
51.
52.
53.
54.
55.
56.
Same subject. December assess-
ments.
Assessors to deposit copies of valua-
tion boolcs with commissioner every
third year.
Books to contain copies of law, etc.
Entry on valuation list of certain
exempted property.
Statement of assessors on valuation
list. Penalty.
collector'.s list and warrant.
Commitment of tax list, for collection.
Form of tax Hst.
Warrant, contents and form.
New warrant if original lost, etc.
interest and discount on taxes.
57. Date for payment of taxes. Interest.
58. No discount to be allowed on taxes.
abatements.
59. Abatements.
60. Records of abatements.
61. Conditions of abatement.
62. Prepayment of costs.
63. Notice of decision.
64. Appeal to county commissioners.
Election by town to have appeal
heard, etc., by board of tax ap-
peals. Proceedings.
65. Appeal to board of tax appeals. Pro-
ceedings.
66. [Repealed.]
67. [Repealed.]
68. [Repealed.)
68A. [Repealed.]
69. Person receiving abatement to be re-
imbursed, etc.
70. Certificate of abatement.
71. Abatement of uncoUectable taxes,
certification to collector.
72. Abatement by authority of commis-
sioner of tax on land of insufficient
value to meet charges, etc.
73. Telephone or telegraph company may
apply for abatement of commis-
sioner's valuation of property tax-
able locally, etc.
74. Commissioner to be notified of abate-
ment of local taxes to corporations
liable to franchise tax.
OMITTED ASSE.SSMENTS.
75. Property omitted from assessment to
be assessed in December, etc.
Sect.
76. Commissioner may recommend revi-
sion of assessments.
EEASSES.SMENT OF TAXES.
77. Reassessment of taxes.
78. Collection of reassessed taxes.
APPORTIONMENT OP TAXES ON REAL ESTATE
SUB.SEQUENTLY DIVIDED.
79. Tax on real estate divided after as-
sessment to be apportioned in
certain cases.
50. Notice to persons affected by appor-
tionment.
51. Appeal from apportionment.
ILLEGAL ASSESSMENTS.
82. Assessment valid except as to illegal
excess.
ADDITIONAL DUTIES OF ASSESSORS.
83. Returns by assessors of names of
certain corporations, and assessed
value of certain corporate prop-
erty and motor vehicles. Penalty.
84. Assessors to state cause of diminished
valuations.
85. Returns by assessors to commissioner
of certain exempted property.
86. Asses-sors to make returns of ex-
empted property, etc.
RESPONSIBILITY AND COMPENSATION OF
ASSESSORS.
87. Responsibility of assessors.
88. [Repealed.]
89.
90.
91.
92.
EVASION OF T.iXATION.
Proposing, etc., to compromise as-
sessment to keep residence penal-
ized.
Evasion of taxation, etc., by conceal-
ment or change of residence, etc.,
penalized.
False or fraudulent list penalized.
Refusal, etc., of information by
keepers of taverns, etc., penalized.
NEGLECT BY -ASSESSORS.
93. Failure to assess taxes required by
law penalized.
94. Violation of §§ 46-49, 84 penalized.
ClIAP. 59.] ASSESSMENT OF LOCAL TAXES.
685
PERSONS AND PROPERTY SUBJECT TO TAXATION.
1 Section 1. In the year nineteen hundred and twenty-four and annu- ^^^^^"^^
2 ally thereafter a poll tax of two dollars shall be assessed on every male isso! i5i,^§2.
3 inhabitant of the commonwealth above the age of twenty, whether a i843, 87.
4 citizen of the United States or an alien.
1S44, 145. R. L. 12. § 1. 1 Met. 580.
G S 11.11. 1909, 490. 1, § 1. 4 Met. 181.
p' S 11 I 1. 7 Mass. 523. Op. A. G. (1920) 216.
1901,424, § 1.
(Rates, 1919-23, see 1919, 283, § 10.)
1 Section 2. All property, real and personal, situated within the Property
2 commonwealth, and all personal property of the inhabitants of the taxation.
3 commonwealth wherever situated, unless expressly exempt, shall be Isso, isi, § 2.
4 subject to taxation.
R S 7 § 2 16 Gray, 292. 204 Mass. 138. 227 Mass. 225.
g' S 11, § 2 6 Allen. 558. 209 Mass. 456. 261 Mass. 110, 523.
ps'll §2. 14 Allen, 366. 214 Mass. 477. 199 U. S. 194.
r' L 12, § 2. 101 Mass. 317, 329. 215 Mass. 698. 232 U. S. 1.
1909, 490, 1, § 2. 193 Mass. 190. 222 Mass. 51, 331. Op. A. G. (1920) 37.
4 Gush. 1. 200 Mass. 378.
1 Section 3. Real estate for the purpose of taxation shall include all J^^f^Jud'^
2 land within the commonwealth and all buildings and other things erected ^"'^^'J'^'j |'°-
3 thereon or affixed thereto. p l'i\^'§^3^'
4 Mortgages upon buildings or other things, which with the land upon R l. 12. § 3.
5 which they are erected or to which they are affixed are taxable as real i, s'i
6 estate as defined herein, shall be deemed mortgages of real estate for the 22 pick. 22.
7 purpose of taxation, and shall be taxed under sections eleven to fourteen, Joutia''ss!'3i9.
8 inclusive.
102 Mass. 76. 1.30 Mass. 428. 153 Mass. 141. 213 Mass. 54.
118 Mass. 3S6. 147 Mass. 31. 189 Mass. 182. 238 Mass. 396.
125 Mass. 567. 149 Mass. 238.
1 Section 3A. Real estate owned by or held in trust for the benefit of a Real estate of
2 city or town, if used or occupied for other than public purposes, shall be used for other
3 taxed to the lessee or lessees thereof, or their assigns, or to the occupant pj^po^se. "^
4 or person in possession thereof, in the same manner and to the same '®^*' ^"' ^ ^'
5 extent as if the said lessee or lessees or their assigns or the occupant or
6 person in possession were the owners thereof in fee, free of any trust.
7 This section shall apply to real estate which shall have been acquired by
8 virtue of the provisions of a will or deed, and held by any city or town
9 in trust for public charitable purposes, whether or not the same is subject
10 to a duly recorded lease which provides that the lessee shall assume or
11 pay all taxes assessed thereon. Payment of the aforesaid ta.xes shall not
12 be enforced by any lien upon or sale of the said real estate but in the case
13 of any leasehold subject to taxation as aforesaid the interest of the lessee
14 or lessees or their assigns therein may be sold by the collector of taxes of
15 such city or towTi for the nonpayment of the tax assessed as aforesaid in
16 the manner provided by law for the sale of real estate for nonpayment of
17 local taxes. Said collectors shall have for the collection of taxes assessed
18 under this section all other remedies provided by chapter sixty for the
19 collection of taxes by collectors of cities and towns.
686
ASSESSMENT OF LOCAL TAXES.
[Chap. 59.
fa'xTbie'aa SECTION 4. Except Es provided in the following section and in chap- 1
estate"''' ^^'"^ sixty-two End sixty-three, personal estate for the purpose of taxation 2
1821,107. §2. shall include: 3
15 Wall. .300.
241 Mass. 96.
244 Mass. 40.
265 Mass. 333.
15 Pick. 376.
10 Met. 334.
106 Mass. 540.
136 Mass. 129.
137 Mass. 111.
138 Mass. 414.
159 Mass. 551.
193 Mass. 190,
522.
1830, 151, § 2.
R. S. 7. § 4.
1839, 139, § 2.
G. .S. 11. § 4.
1881, 284, § 1; 304, §6.
P. S. 11, §4.
1882, 76.
1888, 363.
R. L. 12, § 4.
1902, 374, § 4.
1909, 440, I 2; 490, I, § 4.
1914, 198, § 2.
232 U. S. 1.
First, Goods, chattels, money and effects, wherever they are; ships and
vessels at home or abroad, except as provided in section eight of tliis
chapter and in section sixty-seven of chapter sixty-three.
Second, Money at interest, and other debts due the person to be taxed
more than he is indebted or pays interest for; but not including in sucli
debts due him or indebtedness from him any loan on mortgage of real
estate, taxable as real estate, except the excess of such loan above the
assessed value of the mortgaged real estate.
200 Mass. 378.
208 Mass. 497.
210 Mass. 471.
215 Mass. 493.
219 Mass. 238.
222 Mass. 331.
226 Mass. 268.
245 Mass. 75.
252 Mass. 180.
3 Op. A. G. 24,
431.
4
.5
G
7
8
9
10
11
Third, Public stocks and securities, bonds of railroads and street rail- 12
10 Cush. 128.
10 Allen, 100. , , • -i i • i • • i ■
'o *m''"' '^5?9 ^'^y^ ^"^ stocks in turnpikes, bridges and moneyed corporations within 13
or without this commonwealth. 14
137 Mass. HI.
204 Mass. 138.
215 Mass. 493.
Certain
property and
polls exempted, taxation
R. S. 7, § 5.
PERSONS AND PROPERTY EXEMPT FROM TAXATION.
Section 5. The following property and polls shall be exempt from 1
Of the com-
monwealth.
R.S.7, §5, cl
1853, 122.
G. S. 11, §5,
cl. 2.
1867, 101.
P. S. 11, §5,
cl. 2.
R. L. 12, § 5,
cl. 2.
1904, 385.
1909, 490, 1, !
cl, 2, § 12.
1911, 409.
1920, 575,
1921, 389
1922, 216
1931, .394,
185 Mass. 325,
193 Mass. 387,
586.
224 Mass. 31.
1 Op. A. G.
402, 606.
Op. A. G.
(1919) 41.
Op, A. G.
(1920) 241.
of certain
institutions
and corpora-
tions.
Exceptions.
1830, 151, § 6.
R. S. 7, § 5,
cl. 2.
§ 1.
13.
G. S. 11, § 5.
P. S. 11. § 5.
R. L. 12, §5.
1909, 490, I, § 5.
1 Met. 580.
4 Met. 564.
8 Cush. 237.
4 Gray, 500.
1 Allen, 199.
116IVlass. 193.
Property of the
United States.
First, Property of the United States.
1827, 66.
R.S.7, §5, cl. 1.
G. S. 11, § 5, cl. 1.
P. S. 11, § 5, cl. 1.
R. L. 12, § 5, cl. 1,
1909, 490, I, § 5, cl. 1.
153 Mass. 141.
170 Mass. 160.
208 Mass. 537.
7 Wall. 16
114 U. S. 525.
Second, Property of the commonwealth, except real estate of which
the commonwealth is in possession under a mortgage for condition broken,
lands in Boston known as the commonwealth flats, if leased for business
purposes, lands and flats lying below high water mark in Provincetown
harbor, belonging to the commonwealth of Massachusetts and occupied
by private persons by license of the department of public works, together
with all wharves, piers and other structures which have been built thereon
subsecjuent to the twenty-second day of May, nineteen hundred and
twenty, and those which may hereafter be built on said lands and flats,
in conformity with permits or licenses granted therefor by said depart-
ment, which shall be taxed to the persons holding such permits or licenses,
buildings erected by lessees under section twenty-six of chapter seventy-
five, structures erected on land in state forests by persons occupying such
land under authority conferred by the commissioner of conservation,
and property taxable under chapter five hundred and seventy-five of the
acts of nineteen hundred and twenty.
Third, Personal property of literary, benevolent, charitable and
scientific institutions and of temperance societies incorporated in the
commonwealth, the real estate owned and occupied by them or their
officers for the purposes for which they are incorporated, and real estate
S
9
10
11
12
v.]
14
15
16
17
IS
19
20
21
23
Chap. 59.] assessment of local taxes. 687
24 purchased by them with the puri)()se of removal thereto, until such re- g.s. ii, §5,
25 moval, but not for more than two years after such purchase, except as 1874.375, is.
26 follows:
1873 214 129 Mass. 178. 193 Mass. 168.
P S 11 §.'). cl. 3. 136 Mass. 283. 204 Mass. 487.
1882 217 5 2 142 Mass. 24. 205 Mass, 33o.
iiis' 231 145 Mass. 108, 139. 209 Mass. 18, 319.
1888' 158' 147 Mass. 396, 427. 210 Mass. 414.
1889 465 153 Mass, 185. 212 Mass. 299.
R L 12, § 5, cl. 3. 154 Mass. 15. 213 Mass. 162.
1909' 490, I. § 5, cl. 3. 155 Mass. 329. 217 Mass. 176.
1914 518 160 Mass. 409. 218 Mass. 14.
2Cu'sh611. 167 Mass, .W5. 219 Mass. 46.
12 Cush 54 172 .Mass. 60. 225 Mass. 418.
99 Mass! .W. 173 Mass. 232. 228 Mass. 196.
101 Mass. 319. 174 Mass. 144. 232 Mass. 141, 402.
104 Mass 470. 175 Mass. 118, 145, 293. 234 Mass. 121.
113 Mass. 518. 180 Mass. 485. 238 Mass. 396.
114 Mass. 337. 182 Mass, 4.57. 242 Mass 553
116 Mass. 181, 189. 185 .Mass. 310, 414. 3 Op. A. G, 247.
120 Mass. 212. 188 Mass. 409. 4 Op. A. G. 352.
27 (a) If anv of the income or profits of the business of the institution or No exemption
'...1. I 1111 1 • J " income or
28 corporation is divided among the stockholders or members, or is used or profits are
29 appropriated for other than literary, educational, benevolent, charitable, ^jstributed,
30 scientific or religious purposes, its property shall not be exempt. "^ Mass. 139.
167 Mass. 505. 175 Mass. 293. 258 Mass. 326.
.SI (b) A corDoration coming within the foregoing description shall not wiifuiomis-
^ r . 1 • 1 ., •ir- 11 -i i L • ■ i J.U sion to bring
32 be exempt for any year in which it wilfully omits to bring in to tne in ust prevents
33 assessors the list and statement required by section twenty-nine. _ exemption.
34 (c) Real or personal property of such an institution or corporation, Property^used
35 occupied or used wholly or partly as or for an insane asylum, insane insaMnot
exempt unless
h
to
etc.
.36 hospital, or institution for the insane or for the treatment of mental or oneZ^r"
37 nervous diseases, shall not be exempt unless at least one fourth of all '^^l°^^fl
38 property so occupied or used, wholly or partly, on the basis of valuation ^andjiot
39 thereof ," and one fourth of the income of all trust and other funds and prop- 1922^451. U-
40 erty held for the benefit of such asylum, hospital or institution and not 190.
41 actually occupied or used by it for such purposes, is used and expended
42 entirely for the treatment, board, lodging or other direct benefit of in-
43 digent insane persons, or indigent persons in need of treatment for mental
4A diseases, as resident patients, without any charge therefor to such persons
4.j either directly or indirectly, except that such a benevolent or charitable
46 institution or corporation conducting an insane asylum, insane hospital
47 or institution for the insane to which persons adjudged insane by due
48 process of law may be committed shall be exempt from taxation on per-
49 sonal property and buildings so occupied or used, but shall be subject to
50 taxation on the fair cash value of the land owned by it and used for the
51 purposes of such asylum, hospital or institution.
52 ■ (d) Real estate "acquired after May fourth, nineteen hundred and ^<,«q'',li^f/*^th-
53 eleven, by any association or private corporation formed or incorporated °U'y™°t^j;j,'„°'
54 for the care of the insane, shall not be exempt under the preceding para- j'y/j^^^'^t'^''"",.
55 graph unless the city council of the city, or the inhabitants of the town, in exemp^t/' ^
56 which it is situated, have by vote lawfully taken consented to the ac- ^^'^'^ '
57 quisition of such real estate, to be so exempt.
58 Fourth, Real and personal estate of incorporated agricultural societies ?";°p^"'4yjj
59 and the portions of real estate and buildings of incorporated horticul- a°gncuiturai
60 tural societies used for their offices, libraries and exhibitions. iss'i, 215^ "'
G. S. 11, § 5, cl, 9. 1884, 17S. 1909<,«0. J. § 5, cl. 4.
P. S. 11, § 5, cl. 9. R. L. 12, § 5, cl. 4. lib Jlass. 1S9.
61 Fifth, The real and personal estate belonging to or held in trust for the of grand army
62 benefit of incorporated organizations of veterans of any war in which the lll°<'""'""'^-
688
ASSESSMENT OF LOCAL TAXES.
[Chap. 59-
1882, 217, § 2.
1889. 465.
R. L. 12, § 5,
cl. 5.
1921, 474.
1922, 222.
Of militia
unit, etc.
191.5. 40.
1917, 327,
cl. (6).
§74,
United States has been engaged, to the extent of one hundred thousand 63
dollars, if actually used and occupied by such association, and if the net 64
income from said property is used for charitable purposes; but it shall 65
not be exempt for any year in which such association or the trustees 66
holding for the benefit of such association wilfully omit to bring in to the 67
assessors the list and statement required by section twenty-nine. 68
Sixth, Real estate owned by or held in trust for a regiment, corps, 69
company or other organized unit of tlie volunteer militia and used 70
exclusively for military purposes, and tangible personal property owned 71
by such an organized unit of the volunteer militia and used by it or its 72
members exclusively for military purpo.ses, for any year in which the 73
trustee or a competent officer of the organization owning such property 74
brings in to the assessors the list and statement required by section 75
twenty-nine. 76
Seventh, Personal property of a fraternal society, order or association, 77
operating under the lodge system or for the exclusive benefit of the 78
members of a fraternity itself operating under the lodge system, and 79
providing life, sick, accident or other benefits for the members of such 80
society, order or association, or their dependents. 81
Eighth, Personal property of any retirement association exempted by 82
section thirty-seven of chapter thirty-two. 83
1910, 619, § 7. 1911, 532, § 7; 634, § 7. 1913, 832, | 8.
Ninth, Property of any annuity, pension or endowment association 84
exempted by section forty-one of said chapter. 85
^n^oTreii'^mus Tenth, Pcrsoual property owned by or held in trust within the com- 86
organizations, mouwealtli for rcHgious organizations, whether or not incorporated, if 87
the principal or income is used or appropriated for religious, benevolent 88
or charitable purposes. _ 89
Eleventh, Houses of religious worship owned by, or held in trust for the 90
use of, any religious organization, and the pews and furniture; but the 91
exemption shall not extend to portions of such houses appropriated for 92
purposes other than religious worship or instruction. 93
1865, 206, § 1. 118 Mass. 164. 178 Mass. 404.
P S. 11, § 5, cl. 7. 127 Mass. 378. d85 Mass. 310.
R. L. 12, § 5. cl. 7. 129 Mass. 178. 204 Mass. 28.
1909, 490, I, § 5, cl. 7. 147 Mass. 396. 260 Mass. 129.
1 Met,538. 155 Mass. 329.
Cemeteries, Twelfth, Cemetcrics, tombs and rights of burial, so long as dedicated 94
1841, 114, § 7. to the burial of the dead. 95
Personal prop-
erty of frater-
nal society,
etc.
1911, 628, § 30
1917, 204.
Personal prop-
erty of certain
retirement
or pension
associations.
1910, 559, § 3.
Churches, etc.
1821, 107, § 2.
R. S. 7, § 5,
cl. 5.
1841, 127.
G. S. 11,
§ 5, cl. 7.
G. S. 11, § 5. cl. 8.
P. S. 11, §5, cl. 8.
R. L. 12, § 5, cl. 8.
1909, 490, I, § 5, cl. 8.
118 Mass. 354.
1,50 Mass. 12.
152 Mass. 408.
200 Mass. 378.
213 Mass. 162.
218 Mass. 339.
260 Mass. 129.
rrtyTeid't™''" Thirteenth, Personal property held by cities, towns, religious so- 96
cemetery pur- cictics and ccmeteries, whether incorporated or unincorporated, or by 97
loil^'sre. the commonwealth or by any corporation, for the perpetual care of 98
260^1113: 129. graves, cemetery lots and cemeteries, for the placing of flowers upon 99
graves, for the care or renewal of gravestones, monuments or tombs, and 100
for the care and maintenance of burial cliapcls; but tliis exemption shall 101
not apply to any such personal property held by a cemetery corporation 102
which distributes any of the income or profits of its business among its 103
stockholders or members, nor shall such property be exempt for any 104
year in which tlie holder thereof, other than the state treasurer, omits 105
to bring in to the assessors the list and statement required by section 106
twenty-nine. 107
Chap. 59.] assessment of local taxes. 689
108 Fourteenth, Any real or personal property of a water company whose Property «-
109 tliarter exempts such property from taxation, but not of any other water cmaiifTOr-
1 10 company unless exempted by clause sixteenth. tera"'' "^'^
1907,329. 1908,193. 1909, 490, I, § U. 192 Mass. 491.
111 Fifteenth, Property other than real estate owned by a credit union Personal prop-
112 incorporated under chapter one hundred and seventy-one; also the cap- unwns'""^"
113 ital stock thereof. i^is, 268. § 8.
114 Sixteenth, Property, other than real estate, poles, underground con- Certain prop-
1 \F) duits, wires and pipes, and other than machinery used in manufacture or corpomtfonsl"
IK) in supplying or distributing water, owned by Massachusetts savings 'se!; los! | is!
117 banks or co-operative banks, by Massachusetts corporations subject to fsgo. m. * ^^'
lis ta.xation under chapter sixty-three except domestic business corporations f^^^ ^*^
119 as defined in section thirty of said chapter or domestic manufacturing i903,'437. §7i.
120 corporations, as defined in section thirty-eight C of said chapter, or by §§ 23, 2.5.' '
121 foreign corporations subject to taxation under section fifty-eight of said §§ 12, 27.'
122 chapter; also property, other than real estate, poles, underground con- 1921', wb. | itj.
123 duits, wires and pipes, and other than machinery used in the conduct of Igl*; 179,' | };
124 the business, owned by domestic business corporations or by foreign }93o'i2o'li6
125 corporations, as defined in section thirty of chapter sixty-three, by do- 193 Mass' 274.
126 mestic manufacturing corporations, as defined in section thirty-eight C 195 Mass! sss!
127 of said chapter, or by foreign manufacturing corporations, as defined in 2i7Ma^!63^'
128 section forty-two B of said chapter; provided, that the term "machinery Itl^'^^ ^^°'
129 used in the conduct of the business " shall not, as herein used, be deemed 254 Mass til'
130 to include stock in trade.
131 Seventeenth, Property, to the amount of two thousand dollars, of a Property up to
-, .-,.-, ' 1 e l^il r j_/» i> -1 two thousand
l.il Widow, 01 a person above the age 01 seventy-nve, or or any minor whose dollars of cer-
133 father is deceased, who are legal residents of the commonwealth, whether il'ssris.Ti.
1.34 such property be owned by such persons separately, or jointly, or as d.fo"' ^^'
135 tenants in common; provided, that the whole estate, real and personal, iigoius! ^^'
136 of such person does not exceed in value the sum of two thousand dollars, J] ^5"- * ^•
137 exclusive of property otherwise exempt under the twelfth, twentieth and J^^*£' J|^-. ,
138 twenty-first clauses of this section and exclusive of the value of the mort- "i 9. ' '
139 gage interest held by persons other than the person to be exempted in such § 5. d. 9.'
140 mortgaged real estate as may be included in such whole estate; but if, 1917! i36!
141 the value of such whole estate being less than two thousand dollars, the I927; 11'. ^ ^'
142 combined value thereof and of such mortgage interest exceeds two thou- l\l°\^9^'
143 sand dollars, the amount so exempted shall be two thousand dollars. If '^^ '^'"^^ ^®''-
144 the property of a person entitled to such exemption is taxable in more
145 than one town, or partly without the commonwealth, only such propor-
146 tion of the two thousand dollars exemption shall be made in any town as
147 the value of the property ta.xable in such town bears to the whole of the
148 taxable property of such person. No property shall be so exempt which
149 the assessors shall adjudge has been conveyed to such persons to evade
1.50 ta.xation. A person aggrieved by any such judgment may appeal to the
151 county commissioners or to the board of tax appeals within tiie time and
152 in the manner allowed by section sLxty-four or sixty-five, as the case may
153 be.
154 Eighteenth, The polls and any portion of the estates of persons who PoUs and prop-
155 by reason of age, infirmity and poverty are in the judgment of the fn&fm'anf poor
156 assessors unable to contribute fully toward the public charges. is^iTiot. § 6.
R. S. 7, § 5, d. 8. p. S. 11. § 5, d. 12. 1909, 490, I. § 5, d. 10.
G. S. 11, § 5. d. 13. R. L. 12, § 5. cl. 10. 165 Mass. 375.
690 ASSESSMENT OF LOCAL TAXES. [ChAP. 59.
Certain tangi- Nineteenth, Merchandise, machinery and animals owned by inhab- 157
Die property . <. , • t i i • ^ i •
situated in itants 01 this Commonwealth but situated in another state. 158
other slates.
1909. 516, § 1. 199 U. S. 194.
I^p"Tfurni- Twentieth, The wearing apparel, farming utensils and cash on hand of 159
boat's "fish- eyery person and the tools of his trade if a mechanic, to any amount; and 160
ing gear, et_c. to an amount not exceeding a total yalue of one thousand dollars in re- 161
1821 107 ^2. . .
1829,' 27. §2. ' spect to all the articles hereinafter specified in this clause, his household 1()2
ci;4.' ' ' furniture and effects, including jewelry, plate, works of art, musical 163
G. s. 11, §5, instruments, radios and garage or stable accessories, used or commonly 16-1
p*s^'n,^§ 5.^' kept in or about the dwelling which is the place of his domicile, and boats, 165
R L 12 5 5 fishing gear and nets owned and actually used by him in the prosecution 166
ci. 11. ' ' of his business if engaged exclusiyely in commercial fishing. 167
1909, 490, I, § 5, cl. 11. 1931, 75. 227 Mass. 24. 3 Op. A. G. 66.
1918,42. 167 M.13S. 371. 245 Mass. 45. Op. A. G. (1917) 41.
1928, 77, § 1. 1S6 Mass. 140.
and'fowfs""""''' Twenty-first, Mules, horses and neat cattle less than one year old, 168
1S21, io7,^§ 2. swine and sheep less than six months old and domestic fowls not exceed- 169
oU6.' ' ' ing fifteen dollars in yalue. 170
G. S. 11, § 5, cl. 11. 1894,220. 1909, 490, I, § 5, cl. 12.
P. S. 11, § 5, cl. 11. R. L. 12, § 5, cl. 12.
two'thousand" Twenty-sccond, Property of the following classes of persons who arc 171
cMtaindasse '^g^l residents of the commonwealth to the amount of two thousand 172
of veterans, ' dollars in the case of each person; provided, that only two thousand 173
widows. dollars of the combined estate of any yeteran and his wife shall be ex- 174
1895! 202! empted; and provided, further, that the whole estate, real and personal, 175
i89s!37o' of the person so exempted or the combined property of a veteran and 176
R. L 12, s 5, j^jg ^-ifg fjQgg ,^Q^ exceed five thousand dollars, exclusive of the value of the 177
1909' 490 I 6 5 i^ortgage interest held by persons other than the person to be exempted 178
cl. 13. ' " ' in such mortgaged real estate as may be included in said whole estate or 179
1916 144 6 2. . . *
1920! 137! ' combined property; but if, said whole estate or combined property being ISO
1 30. 41 , . . i^gg than two thousand dollars, the sum total thereof and of such mort- LSI
gage interest exceeds two thousand dollars, the amount so exempted 182
shall be two thousand dollars: 183
(a) Soldiers and sailors, who served in the military or naval service of 184
the United States in the war of the rebellion, in the Spanish war, in 185
the Philippine insurrection or in the world war, and were honorably 1S6
discharged or honorably released therefrom, and, by reason of injury 187
received or disease contracted while in such service and in the line of 188
duty, lost the sight of both eyes, or of one eye, the sight of the other 189
having been previously lost, or who lost one or both feet, or one or both 190
hands. 191
(6) Soldiers and sailors who served and were honorably discharged or 192
honorably released as aforesaid, and who, as the result of disabilities con- 193
tracted while in such service and in the line of duty, have become per- 194
manently incapacitated for the performance of manual labor to an ex- 195
tent equivalent, in the judgment of the assessors, to the loss of a hand 196
or foot. 197
(c) 'Wives or widows of soldiers or sailors who would be entitled to 19S
exemption under either of the two preceding paragraphs. 199
If the property of a person entitled to such exemption is taxable in 200
more than one town, or partly without the commonwealth, only such 201
proportion of the two thousand dollars exemption shall be made in any 202
town as the value of the property taxable in such town bears to the whole 203
Chap. 59.] assessment of local taxes. 691
204 of the taxable property of such person. The certificate of the grautinj; of
205 a pension by the tJnited States to a soldier or sailor for an injury or dis-
20G ability shall, while the pension continues, be sufficient evidence of the
207 receiving of the injury or disability; but the assessors may receive other
20S evidence thereof. A person aggrieved by the judgment of the assessors
209 may appeal to the county commissioners or to the board of tax appeals
210 within the time and in the manner allowed by section sixty-four or sixty-
211 five, as the case may be.
212 Twenty-third, Soldiers and sailors who served in the military or naval p°opert"'of all
213 service of the United States in the war of the rebellion, in the Spanish war, other veterans,
214 in the Philippine insurrection or in the Chinese relief expedition, and 1906,315.
215 were honorably discharged or honorably released therefrom shall be 1907,307.
216 assessed for, but shall be exempt at their request from the payment of, a § 5, a u. '
217 poll tax, and, if they are not entitled to exemption under the preceding IgJe] !«; §3.
218 clause, their projK'rty, and the property of their wives or widows, shall ^''■^°' i^^-
219 be exempt from taxation to the amount of one thousand dollars in the
220 case of each person; provided, that the combined exemption of such a
221 soldier or sailor and his wife shall not exceed one thousand dollars, and
222 provided, further, that the combined estate, real and personal, of the
223 person so exempted and of the husband or wife of such person does not
224 exceed in value the sum of five thousand dollars, exclusive of the value
225 of the mortgage interest held by persons other than the person to be
226 exempted in such mortgaged real estate as may be included in said com-
227 bined estate; but if, said combined estate being less than five thousand
228 dollars, the sum total thereof and of such mortgage interest exceeds one
229 thousand dollars, the amount so exempted shall be one thousand dollars.
230 If the property of a person entitled to such exemption is taxable in more
231 than one town, or partly without the commonwealth, only such propor-
232 tion of the one thousand dollars exemption shall be made in any town as
233 the value of the property taxable in such town bears to the whole of the
234 taxable property of such person. The widows of soldiers and sailors who
235 served as aforesaid and who lost their lives in the war of the rebellion,
236 in the Spanish war, in the Philippine insurrection or in the Chinese relief
237 expedition, shall be entitled to exemption as specified in the preceding
238 clause. No exemption shall be made under this clause of the property of
239 a person not a legal resident of the commonwealth.
240 Twent\--fourth, Bonds, notes or certificates of indebtedness of the united states
241 United States. bonds, etc.
1916, 269, § 2 (a).
242 Twenty-fifth, Bonds or certificates of indebtedness of the common- Bonds of com-
243 wealth issued since January first, nineteen hundred and six, and bonds, rt?"'"^"" '
244 notes and certificates of indebtedness of any county, city, town, fire igosi^iiii;
245 district, water district, light district or improvement district, in the J^^g ^gg j
246 commonwealth, issued on or after May first, nineteen hundred and eight, L^'Aj^'
247 stating on their face that they are exempt from taxation in Massachusetts. 264 Mass. 396.
248 Twenty-sixth, Land classified under chapter sixty-one, except from classified wild
249 the taxes provided for in said chapter. 1878^^3^° "*'
1880, 109. 1908, 120. 1918, 257, § 34.
P. S. 11, §7. 1909, 187; 490. I. § 6. 1919,5.
R. L. 12, § 6. 1914, 598, §§ 5. 26. 1920, 2.
250 Twenty-seventh, Property the income of which is taxed under chapter Property, in-
251 sixty-two, or would be taxable thereunder if the property yielded income, u uxabie. '"
1916. 269, § 11. 1919, 5; 349, §4. 1931,426,1183.
1918, 257. 5 69. 1920, 2. 230 Mass. 503.
692 ASSESSMENT OF LOCAL T.^XES. [ChAP. 59.
Savings banks, Tweiity-eiglitli, Deposits in savings banks and other institutions the 252
1862, 224, § 12. incomc of which is exempted from taxation by clause first of subsection 253
p. s.' 13, § 23. ' (a) of section one of chapter sixty-two. 254
E. L. 14, §21. 1909, 490, III, § 23. 1916, 269, § 2 (a). 1918,7:120.
Shares in cer- Twcntv-ninth, Sharcs in partnerships, associations or trusts, in the case 255
tain partner- ^ , . n i . i • i i i i * nm
siiips, etc. or shares the income of which is taxable under chapter sixty-two. 255
1916, 269, §§ 2 (c), 11. 1919, 5: 349, § 4. 1931,426, § 183.
1918, 257, § 69. 1920, 2.
bankTtock'Ind Thirtieth, Capital stock and personal property of co-operative 257
personal banks. 258
property.
1890, 63. R. L. 14, 5 23. 1909, 490, III, § 25.
Stock in do- Thirtv-fii'st, Stock in domestic business corporations, as defined in 259
manufacturing scction thirty of chaptcF sixty-three, stock in domestic manufacturing 260
corporations. Corporations, as defined in section thirty-eight C of said chapter, and 261
1929,' i5^§ 1. ' stock in domestic insurance companies subject to taxation under section 262
1930, 220, 5 11. twenty or twenty-two of said chapter. 263
po?ations''pa"y- Thirty-sccond, Stock in other corporations, domestic or foreign, sub- 264
ingaMMsachu- jgc^ iq taxatlou uudcr section fifty-eight of said chapter, in those years 265
tax. for which the corporations pay their corporate franchise taxes. 266
1864, 208, § 15. 1898,417. 1909, 490, III. § 64.
1865, 283, § 15. R. L. 14, § 61. 1914, 198, § 6.
1866, 291. § 2. 1906, 463, II. § 216, 1919, 349, § 21.
P. S. 11, § 4; 13, § 57. Ill, § 131; 516, § 20.
1887, 228.
Intangible Thirtv-third, Intangible property held by any fiduciary in the com- 267
property lield , , o r i- .' ^ v
by fiduciaries. monWealth. 2DO
1916. 269, § 11. 1919, 349, § 4. 1925, 343, §§ 8, 13.
1918, 257, § 69. 1921, 202. 1926, 222.
ofcertatn^''"^'' Thirty-fourth, Shares of stock of banks, as defined in section one of 269
banks. chapter sixty-three, which banks are taxable under section two of chapter 270
§§8,'i3. ■ sixty-three. 271
1926, 222.
Motor vehicles Thirty-fifth, Motor vehicles subject to taxation under the provisions of 272
G. L. 60A chanter sixty A, irrespective of the date of registration thereof under 273
1928, 379, §*■,'••! *^ o'TA
1931, 184, § 1. chapter mnety. -/4
PAYMENT IN LIEU OF TAX ON PROPERTY HELD FOR CERTAIN MUNICIPAL
PURPOSES.
. Land held SECTION 6. Property held by a city, town or district, including the 1
tiwn, etcin metropolitan water district, in another city or town for the purpose 2
wa'tlr'sup^'^ of a Water supjily, the protection of its sources, or of sewage disposal, 3
Valuation. if yielding no rent, shall not be liable to taxation therein; but the city, 4
SU^.'I.^^' town or district .so holding it shall, annually in September, pay to the 5
f§ lii ^li c'ty or town where it lies an amount equal to that which such city or 6
1908, ^gg, § 5. town would receive for taxes upon the average of the assessed values of 7
I, §58, 9.' ' the land, which shall not include buildings or other structures except in 8
1914! 629! § i! the case of land taken for the purpose of protecting the sources of an 9
iloVas's.Vi existing water supply, for the three years last preceding the acquisition 10
thereof, the valuation for each year being reduced by all abatements 11
thereon. Any part of such land or buildings from which any revenue in 12
the nature of rent is received shall be subject to taxation. 13
If such land is part of a larger tract w Inch has been assessed as a whole, 14
its assessed valuation in any year shall be taken to be that proportional 15
part of the valuation of the whole tract which the value of the land so 16
ClLIP. 59.] ASSESSMENT OF LOCAL TAXES. 693
17 acquired, exclusive of buildings, bore in that year to the value of the
18 entire estate.
1 Section 7. The assessors of a city or town where land is acquired by Determination
2 such other city, town or district for water supply or sewage disposal shall, dnd'h'e'id"" °
3 within one year after such acquisition, determine the average valuation ce"ding''scttion.
4 of such land under the preceding section, and certify the amount so §§^2^;3^^'
5 determined to such other city, town or district. The mayor or selectmen, f^^- Jg; § 12.
6 the commissioners or jjrudential committee of a district, or the metro- 1909! 243; 490,
7 politan district commission, within six months after receipt of said i9i4, 629. 5 2.
8 certificate, may appeal from such determination to the board of tax ap- 1930! 416, fiL
9 peals; and said board shall determine the valuation in the manner
10 pro\ided in the preceding section, and section sixty-five, so far as appli-
11 cable, shall govern such appeal.
12 If land within any city or town shall ha\e been taken from it for said
13 purposes, and for any one of the three years prior to the taking shall have
14 been used for any public purpose, and for that reason no taxes shall have
15 been collected thereon, the city or town and the board or officer having
16 charge of the land so taken may within six years after the taking agree
17 as to the value of the land upon which the annual payment is to be made
18 as aforesaid from the time of the taking, and if they cannot agree the
19 board or officer shall notify the city or town thereof, and thereupon the
20 value shall be determined by the board of tax ap])cals under said section
21 sixty-five, and said notice shall be deemed to be the notice referred to in
22 said section sixty-five. This and the preceding section shall apply to
23 property held for the purposes of the metropolitan water supply, except
24 property situated in Ashland, Boylston, Holden, Hopkinton, Sterling or
25 West Boylston.
EXCISE TAX ON CERTAIN SHIPS OR VESSELS.
1 Section 8. Individuals or partnerships owning an interest in any interests in
2 ship or vessel which has during the period of its business in the year pre- yesSs'in
3 ceding April first been engaged in interstate or foreign carrying trade or o'r'Foreign
4 engaged exclusively in fishing and documented and carrying "papers" orYn feling'^*'
5 under the laws of the United States shall annually, within thirtv davs ''^^e only to
G after said date, make a return on oath to the assessors of the town where l?^i^,2*|'„
7 such indiWduals reside or where such partnerships are taxable under p. s. Vi, '
8 clause seventh of section eighteen, respectively, setting forth the name iss?, 373.
9 of the ship or vessel, their interest therein, and the value of such interest. Jgg?; nf.
10 If the assessors are satisfied of the truth of the return they shall assess \llf^ JI3;
11 an excise tax of one third of one per cent upon such interest; and the R^.g*^-
12 person or partnership making such return shall be exempt from any tax '.^".^iH*'
13 upon said interest other than that assessed under this section. i9o'9,496, i. §7.
1913, 473, § 2. 1928, 143, § 1. 195 Mass. 385. 198 U. S. 299.
WHERE AND TO WHOM POLLS AND PROPERTY SHALL BE ASSESSED.
1 Section 9. The poll tax shall be assessed upon each person liable Pou tax, where
2 thereto in the town of which he is an inhabitant on April first in each nfof 43'.
3 year, except in cases otherwise provided for by law. The poll tax of Jfgo; {jj; | f
4 minors liable to taxation shall be assessed to, and in the place of the g- 1- ^'j 5 s^
5 residence of, the parents or guardians having control of the persons of \f?-^^^-
6 such minors; but if a minor has no parent or guardian within the coin7 p s! il § 11.
7 monwealth, he shall be personally taxed for his poll, as if he were of full uioo. 446, § 2]
8 age. The poll tax of every other person under guardianship shall be t9i4,'i98!^§ 2.
694
ASSESSMENT OF LOCAL TAXES.
[Chap. 59.
assessed to his guardian in the place where the guardian is taxed for his 9
own poll. In a city each inhabitant liable to assessment shall be assessed 10
in the ward where he dwells; but no tax shall be invalid by reason of a 11
mistake of the assessors in ascertaining the ward where a person should 12
13
5 Pick. 369.
1 Met. 242,
250.
3 Met. 199.
4 Met.181.
9 Cush. 525.
11 Cush. 362
12 Cush 44.52. bp asscsscd.
2 Gray, 4S4.
3 Gray, 493.
7 Gray, 299.
9 Gray, 357.
12 Gray, 21.
16 Gray, 337.
4 Allen, 462.
12 Allen, 111, 598.
HI Mass. 382.
112 Mass. 384.
124 Mass. 53, 132.
126 Mass. 161, 166.
132 Mass. 89.
144 Mass. 244.
157 Mass. 542.
Determination
of legal resi-
dence for poll
1850, 276.
G. S. U, §7.
P. S. 11, § 12.
R, L. 12. § 14.
1909, 440, § 2;
490, I, § 14.
1914, 198. § 2.
Section 10. A person liable to a poll tax, who is in a town on April
first, and who, when inquired of by the assessors thereof, refuses to state
his legal residence, shall for the purpose of taxation be deemed an in-
habitant thereof. If he designates another town as his legal residence,
said assessors shall notify the assessors of such other town, who shall
thereupon tax him as an inhabitant thereof; but he shall not be exempt
from the payment of a tax legally assessed upon him in his legal domicile.
Land, where
and to whom
assessed.
1780, 43.
1830, 151, § 3.
R. S. 7,
§§ 7, 10, cl. 8.
G. S. 11,
§§ 8, 13.
1881, 304, § 3.
P. S. 11,
§§ 13, 22.
1889, 84.
R. L. 12,
§§ 15, 25.
1902, 113.
1909, 440. § 2;
490, 1, §§15,25.
1911, 409.
1914, 198, § 2.
1915. 237, § 23.
1 Cush. 142.
7 Gray, 125,
277.
4 Allen, 57.
110 Mass. 47.
112 Mass. 535.
Section 11. Taxes on real estate shall be assessed, in the town where 1
it lies, to the person who is either the owner or in possession thereof on 2
April first, and the person appearing of record, in the records of the 3
county, or of the district, if such county is divided into districts, where 4
the estate lies, as owner on April first, even though deceased, shall be 5
held to be the true owner thereof, and so shall the person so appearing 6
of record under a tax deed not invalid on its face. Real estate held by 7
a religious society as a ministerial fund shall be assessed to its treasurer 8
in the town where the land lies. Buildings erected on land leased by 9
the commonwealth under section twenty-six of chapter seventy-fiA-e shall 10
be assessed to the lessees, or their assignees, at the value of said buildings. 11
Except as provided in the three following sections, mortgagors of real 12
estate shall for the purpose of taxation be deemed the owners until the 13
mortgagee takes possession, after which the mortgagee shall be deemed 14
the owner. 15
117 Mass. 233.
129 Mass. 377, 559.
132 Mass. 89.
138 Mass. 434.
139 Mass. 19.
143 Mass. 337.
147 Mass. 31.
14S Mass. 508.
149 Mass. 209.
152 Mass. 203,
175 Mass. 293.
180 Mass. 65.
192 Mass. 278.
193 Mass. 387.
200 Mass. 468.
208 Mass. 537.
372.
209 Mass. lU.
213 Mass. 239.
216 Mass. 8.
217 Mass. 520.
237 Mass. 378.
245 Mass. 75.
254 Mass. 516.
§ 1.
I 14.
§3.
I 16.
Taxation of
mortgaged
Lind.
1881, 304,
P. S. 11. i
18S2, 175,
R. L. 12,
1909, 490. I,
5 10.
137 Mass. 80.
159 Mass. 551.
179 Mass. 41,
74.
185 Mass. 398.
193 Mass. 190.
198 Mass. 119.
207 Mass. 370.
223 Mass. 134.
226 Mass. 208.
245 Mass. 75.
Value of
mortgage
interest, how
determined.
1881, 304, I 2.
P. S. 11, § 15.
R. L. 12, § 17.
Section 12. If any person has an interest in real estate, not exempt
from taxation under section five, as holder of a duly recorded mortgage
given to secure the payment of a fixed and certain sum of money, the
amount of his interest as mortgagee shall be assessed as real estate in
the town where the land lies; and the mortgagor shall be assessed only
for the value of such real estate after deducting the assessed value of the
interest therein of such mortgagee. If such estate is situated in two or
more towns, the amount of the mortgagee's interest to be assessed in
each town shall be proportioned to the assessed value of the mortgaged
real estate in the respective towns, deducting therefrom the taxable
amount of prior mortgages, if any, thereon.
Op. A. G. C1920) 146.
1
2
3
4
5
6
7
8
9
10
11
Section 13. If the holder of such mortgage fails to file in the asses- 1
sors' office a sworn statement of all his estate liable to taxation under the 2
preceding section, including a statement of the full amount remaining 3
unpaid upon such mortgage and of his interest therein, the amount stated 4
Chap. 59.] asse.ssment of local taxes. 695
5 in the mortgage sliall be conclusive as to the extent of such interest; but [uoa, 112. ^
6 his interest in such real estate shall not be assessed at a greater sum than uz.'
7 the fair cash valuation of the land and the structures thereon or affixed lyi] Mass! i90.
8 thereto; and the amount of a mortgage interest in an estate di\ided 220 Massif:
9 after the creation of such mortgage need not be apportioned upon the 245 Mass. 75.
10 several parts of such estate, except as provided in sections seventy-nine
11 to eighty-one, inclusive. Whenever, in any case of mortgaged real es-
12 tate, such statement is not brought in, no tax on such real estate for
13 the year then current shall be invalidated for the reason that a mort-
14 gagee's interest therein has not been assessed to him.
1 Section 14. Mortgagors and mortgagees referred to in the two pre- Mortgagors
2 ceding sections shall for the purpose of taxation be deemed joint owners j'oint^wnfrf^^
3 until the mortgagee takes possession; and until such possession is taken l8s'i?304?l3.
4 by a first mortgagee, an assessor or the collector of taxes, upon applica- R.t.Vi.Ws.
5 tion, shall give to any such mortgagee or mortgagor a tax bill showing the P'^^jg*®"'
6 whole tax on the mortgaged estate and the amount included in the valu- I'sj; Mass. so.
1 T 9 Ivla.ss 41.
7 ation thereof as the interest of each mortgagee and of the mortgagor 193 Mass. 9o'
8 respectively. If the first mortgagee is in possession, he shall be deemed 226 Mass! 268.
9 sole owner; and any other mortgagee in possession shall be deemed joint ^*^ ^"^^ ^^'
10 owner with prior mortgagees.
1 Section 15. If a tenant paying rent for real estate is taxed therefor. Rights of
2 he may retain out of his rent the taxes paid by him, or may recover the taxe" "^^^'"^
3 same in an action against his landlord, unless there is a different agree- II3J; HI] | f,
4 ment between them.
R. S. 7, 5 8. R. L. 12, § 20. 193 Mass. 387.
G.S. 11.5 9. 1909, 490. I, § 20. 214 Mass. 134.
P. S. 11, § 17. 189 Mass. 182. 263 Mass. 255.
1 Section 16. The undivided real estate of a deceased person may be Taxation of
2 assessed to his heirs or devisees, without designating any of them by ordcra'dent,
3 name, until they have given notice to the assessors of the division of the hei>8.'rtc°!and
4 estate and of the names of the several heirs or devisees; and each heir ^"^"^"^'"a
5 or devisee shall be liable for the whole of such tax, and when paid by g. s. li, | lo.
6 him he inav recover of the other heirs or devisees their respective pro- r l. 12. §21.
_ ,. ^,- J. t- I- 1909,490,1,
7 portions thereof. §21.
142 Mass. 586. 149 Mass. 270. 152 Mass. 219. 209 Mass. 111.
1 Section 17. The real estate of a person deceased, the right or title Taxation of
2 to which is doubtful or unascertained by reason of litigation concerning dMedent if
3 the will of the deceased or the validity thereof, may be assessed in general etc" '*°"'" " '
4 terms to his estate, and said tax shall constitute a lien upon the land so q"] ji^^ u.
5 assessed and may be enforced by sale of the same or a part thereof, as ^f^ ^viVid.
6 provided for enforcing other liens for taxes on real estate.
1909, 490, I, § 22. 149 Mass. 270.
[For assessment of real estate held under tax title by city or town, see Chap. 60, § 78.]
1 Section IS. All taxable personal estate within or without the com- Personal
II • 1 II- estate, where
2 monwealth shall be assessed to the owner m the town where he is an and to whom
3 inhabitant on April first, except as provided in chapter sixty-three and in i83o, isi, § 2.
4 the following clauses of this section:
1839, 139, 5 2. 1909, 440, § 2; 490, I, § 23. 9 Gray, 433.
1855. 100. 1911, 3S3, 5 2. 16 Gray, 292. 337.
1859, 258. 1914, 198, § 2. }4 Allen, 366.
G. S. 11, §12. 1916,271. 124 Mass. 132.
P. S. 11, §20. 1918,129. 126 Mass. 161, 166.
1882, 165. 1 Met. 242, 250. 181 Mass. 162, 195.
1894, 490. 11 Gush. 362. 217 Mass. 286.
R. L. 12, § 23. 3 Gray, 493. 232 U. S. 1.
696
ASSESSMENT OF LOCAL TAXES.
[Chap. .59.
Tangible
personal
property
except trad
or fishing
vessels.
1821, 107,
§§3,5.
1830, 151, '
First, All tangible personal property, including that of persons not
inhabitants of the commonwealth, except ships and vessels used in or
designed for use in carrying trade or commercial fishing, shall, unless
exempted by section five, be taxed to the owner in the town where it is
situated on April first.
R. S. 7, § 10, els. 1, 3.
10 Cush. 65.
1837, 86.
6 Gray, 579.
1839, 139, §5 1, 2.
7 Gray, 277.
1857, 301, § 1.
13 Gray, 488.
1859, 114.
16 Gray, 292.
G.S. 11, § 12, els. 1,3.
4 Allen, 462.
P. S. 11, §20, els. 1.3.
8 Allen, 330.
R. L. 12, §23, els. 1,3.
101 Mass. 329.
1903, 437. § 71.
103 Mass. 278.
1909,490, I, §23, els. 1,3;
104 Mass. 587.
516, § 2.
109 Mass. 270.
1916,271.
125 Mass. 348.
1918, 129, § 1, el. 1.
131 Mass. 424.
1929, 40, § 1.
135 Mass. 258.
4 Met. 181.
137 Mass. 332.
4 Cush. 543.
139 Mass. 17, 266.
150 Mass. 155.
151 Mass. 242.
152 Mass. 594.
158 Mass. 461.
161 Mass. 8, 326.
180 Mass. 40.
187 Mass. 168.
193 Mass. 545.
195 Mass. 385.
200 Mass. 331.
214 Mass. 477.
226 Mass. 64.
227 Mass. 24.
229 Mass. 313, 494.
234 Mass. 121.
265 Mass. 333.
Machinery.
1830, 151, § 2.
R. S. 7, § 10,
cl. 2.
1837, 86.
G.S. 11, § 12,
cl. 2.
P. S. 11, § 20.
cl. 2.
1887, 125.
1889, 446.
1894, 304.
R. L. 12, § 23,
cl. 2.
1907, 329.
190S, 193.
1909, 490, I,
§§ 11, 23, cl. 2
516, §2.
1918, 129, § 1,
el. 2.
1924, 321, § 2.
1930, 220,
4 Met. 181
12.
Second, INIachinery employed in any branch of manufacture or in 10
supplying or distributing water, including machines used or operated 11
under a stipulation providing for the payment of a royalty or compensa- 12
tion in the nature of a royalty for the privilege of using or operating the 13
same, and all tangible personal property within the commonwealth 14
leased for profit, or, in the case of domestic business and foreign corpora- 15
tions as defined in section thirty of chapter sixty-three and domestic 16
manufacturing corporations as defined in section thirty-eight C of said 17
chapter and foreign manufacturing corporations as defined in section 18
forty-two B of said chapter, machinery used in the conduct of their 19
business, shall be assessed where such machinery or tangible personal 20
property is situated to the owner or any person having possession of the 21
same on April first. 22
13 Gray, 488.
12 Allen. 75, 316.
100 Mass. 183.
135 Mass. 258.
150 Mass. 155.
152 Mass. 372.
164 Mass. 142.
167 Mass. 517.
170 Mass. 354.
181 Mass. 211.
193 Mass. 274.
262 Mass. 439.
264 Mass. 396.
Personal
property of
deceased
persons.
R. S. 7, § 10,
cl. 7.
1848, 235.
1852, 234.
G. S. 11,
§ 12, cl. 7.
Personal prop-
erty of joint
owners.
1882, 165.
R. L. 12,
§ 23, cl. 9.
Certain con-
duits, poles,
wires and pipes.
1902, 342, § 1.
1909, 439; 490,
1, § 23, cl. 10.
1913. 458.
1918, 129, § 1.
cl. 5.
193 Mass. 274.
213 Mass. 54.
227 Mass. 547.
Third, Personal property of deceased persons, before the appoint- 23
ment of an executor or administrator, shall be assessed in general terms 24
to the estate of the deceased, and the executor or administrator sub- 25
sequently appointed shall be liable for the tax so assessed as though 26
assessed to him. 27
1878, 189, § 2.
P. S. 11, § 20, cl. 7.
R. L. 12, § 23. cl. 7.
1909, 490, I, § 23,
cl. 7.
1918, 129, § 1, cl. 3.
5 Pick, 236.
4 Cush. 1.
6 Allen, 277.
97 Mass. 321.
102 Mass. 348.
149 Mass. 62.
154 Mass. 143.
161 Mass. 8.
176 Mass. 77, 384.
211 Mass. 178.
215 Mass. 329, 598.
Fourth, Personal property of joint owners or tenants in common, 2S
other than partners, may be assessed to one or more of such owners, and 29
any person so assessed shall be liable for the whole tax. 30
1909, 490, I, § 23, cl. 9. 1918, 129, § 1, cl. 4.
Fifth, Underground conduits, wires and pipes laid in public ways, 31
except such as are owned by a street railway company, and poles, under- 32
ground conduits and pii)es, together with the wires thereon or therein, 33
laid in or erected upon private propertv' or in a railroad location by any 34
corporation, except poles, underground conduits, wires and pipes of a 35
railroad corporation laid in or erected upon the location of such railroad, 36
and except poles, underground coiuiuits, wires and pipes laid in or erected 37
upon any right of way owned by a street railway comiiaiiy, shall be as- 38
sessed to the owners thereof in the towns where laid or erected. 39
Chap. 59.] assessment ok local taxes. 697
40 Sixth, Partners, whether residing in the same or difTercnt towns, shall pfop"rty'''''
41 be jointly taxed under their firm name, for all tangible personal property ri..| 7,J i3.
42 belonging to the partnership, except ships and vessels used in or designed (i.|.' ii,.§^i5.
43 for use in carrying trade or commercial fishing, in the place where such r. l. 12, §27.
44 property is situated. Each partner shall be liable for the whole tax. §"27.' ***"' '"
1925 64 130 Mass. 143. 172 Mass. 383. 464.
1929 40, 5 1. 133 Mass. 499. 215 Mass. 1, 31.
9 Cush 298, 137 Mass. 227. 219 Mass. 238.
iO Gray, 97. 140 Mass. 346. 241 Mass. 96.
105 Mass. 519. 163 Mass. 444.
45 Seventh, Ships or vessels, other than yachts and other pleasure craft. Certain ships,
4G owned by a partnership, shall be assessed to the se\'eral partners in their partnership.
47 places of residence, if within the commonwealth, proportionally to their g.^s.' u, § la.
48 interests therein ; but the interests of the se\-eral partners residing without j,*^|; ff^i | j;
49 the commonwealth shall be assessed to the partnership in the place where {1,09; llo.^if *'
50 its business is carried on. 5 -**•
192S, 143, § 2. 1929, 40, § 1. 10 Gray, 97. 125 Mass. 348.
1 Section 19. Personal property mortgaged or pledged shall for the Mortgaged,^^
2 purpose of taxation be deemed the property of the party in possession prope'ny^who
3 thereof on April first. owner.
R S 7 Ul 1909, 440, § 2; 10 Allen, 100.
G s' 11 S 14 490, I, 5 26. 193 Mass. 190, 522.
PS 11, § 23. 1914, 198. § 2. 224 Mass. 181.
R. L. 12, § 26. 10 Met. 334.
DUTY AND M,\NNER OF ASSESSING T.OCES.
1 Section 20. When a state tax is to be assessed, or an assessment is state treasurer
2 required to reimburse the commonwealth under section forty-one of llata^ '''^''"
3 chapter forty-four, for expenses incurred under sections thirty-five to g:!:!!.^"?.
4 forty, inclusive, of said chapter, the state treasurer shall send his war- j,86|, lee^ ^^
5 rants for the assessment thereof by mail to the assessors of the several R ^ 12, § 34.
6 towns.
1909, 490, I. § 34. 1910, 598, § 6.
1 Section 21. The assessors shall assess state taxes including all law- Duty of
2 ful assessments by the commonwealth for which they receive warrants nsTso,'
3 under the preceding section, county taxes duly certified to them, town i82*i',To7, §7.
4 taxes voted by their respective towns and all taxes duly voted and cer- g | l\^^lg,
5 tified by fire, water, light and improvement districts therein. Such ^"fe9;ff-j||;
6 district taxes shall be subject to the law relative to the assessment and fg^^- ^^ ^^i-
7 collection of town taxes, so far as applicable. Except as otherwise pro- l^^- ''Jg^s. ^'
8 vided, all taxes shall be assessed as of April first.
1919, 319, §§ 1, 2. 12 Met. 178. 217 Mass. 520. 258 Mass. 4.
[Separate list of district taxes, see § 53.]
1 Section 22. [Repealed, 1925, 343, § 9. (But see 1925, 343, § 13, as
2 amended by 192G, 222.)]
1 Section 23. The assessors shall annually assess taxes to an amount ^^^^'^^f^^^^^.
2 not less than the aggregate of all amounts appropriated, granted or m™' ^og i
3 lawfully expended by their respective towns since the last preceding p. s".' u, § 34.'
4 annual assessment and not pro\ided for therein, of all amounts required {go!)'; 496.^1? ^'
5 by law to be raised by taxation by said towns during said year, of all fg^/g 259, 5 24.
6 debt and interest charges matured and maturing during the year and not H^f^ -f^
7 otherwise pro\'ided for, of all amounts necessary to satisfy final judg- was, 379, 1 5.
8 ments against said towns, and of all abatements granted on account of the 10 Aiien, 571.
698
ASSESSMENT OF LOCAL TAXES.
[Chap. 59.
233 Mass. 6.
258 Mass. 139.
268 Mass. 480.
tax assessment of any year in excess of the overlay of that year and not 9
otherwise provided for; but such assessments shall not include liabilities 10
for the payment of which towns have lawfully voted to contract debts. 11
The assessors may deduct from the amount required to be assessed the 12
amoiuit of all estimated receipts of their respective towns lawfully appli- 13
cable to the payment of the expenditures of the year, excluding smns to be 14
received from the commonwealth or county for highway purposes and 15
excluding estimated receipts from loans and taxes but including, however, 16
estimated receipts from the excise levied under chapter sixty A and re- 17
ceipts estimated by the commissioner under section twenty-five A of 18
chapter fifty-eight. Deductions made by the assessors on account of 19
estimated receipts other than those estimated by the commissioner as 20
aforesaid shall not exceed the aggregate amount of actual receipts re- 21
ceived during the preceding financial year from the same sources, and 22
tleductions shall not be made on account of available funds, unless in 23
either case approval in writing shall have been obtained from the com- 24
missioner. 25
Assessors to
notify finan-
cial officers
in cities and
towns.
1922. lis.
Section 23A. The assessors, as soon as the tax rate is fixed for the 1
year, shall notify the auditor or similar officer in cities and in towns, the 2
town accountant, if any, otherwise the town treasurer, of the amount to 3
be raised for state, county, and city or town purposes, and for overlay, 4
specifying the amounts to be levied on real and personal property, on polls, 5
and to accrue from estimated receipts. 6
Notices of
abatements.
1922, 118.
Section 2oB. The assessors shall, as often as once a month, notify 1
the auditor or similar officer in cities and in towns, the town accountant, 2
if any, otherwise the town treasurer, of the amounts of abatements of 3
taxes, specifying whether granted on account of assessments on property 4
or on polls. 5
Interest on
debt for rail-
road subscrip-
tion to be in-
cluded in
assessment.
1876, 133, S 3.
P. S. 11, § 3.5.
R. L. 12, § 38.
1909, 490, I,
§38.
Section 24. The assessors of a town owing debts incurred to obtain 1
funds for subscriptions for the capital stock and securities of. a railroad 2
corporation shall annually assess, in addition to the other amounts 3
required by law, an amount sufficient to pay the excess of such interest 4
payable by such town over any income received from such stock or 5
securities. 6
Assessors may
add not more
than five per
cent to amount
of annual
assessment.
178,5. 50, § 11.
1S2S, 143, § 4.
R. S. 7, § 28.
G. S. 11, §32.
P. S. 11, §49.
1887, 226.
1893, 445.
R. L, 12, § 55.
1909, 490, I,
§54.
1913, 649: 823.
1918, 257, § 37.
1919, 5.
1920, 2.
Section 25. The assessors in any city or town, except Boston, may 1
add to the amount to be assessed not more than five per cent thereof, 2
although the limit of taxation as fixed in any city may by such overlay 3
be exceeded, such amount to be used only for avoiding fractional divisions 4
of the amount to be assessed in the apportionment thereof and for abate- 5
ments granted on account of polls or property assessed in the year in 6
which the overlay is made or of taxes in the warrant of which the over- 7
lay is a part; but any balance in the overlay account, in excess of the 8
amount of the warrant remaining to be collected or abated, shall be 9
transferred to a reserve fund to be used for extraordinary or unforeseen 10
expenses. 11
12G Mass. 97.
fnd'town""'^ Section 26. The assessors may include state, county, city and town 1
taxes in one taxcs, or aiiv two of thcm, in the same assessment. 2
assessment. *
178.5, 50, § 14. G. S. 11. § 29. R. L. 12. § .52.
1823, 138, § 2. P. S. 11, §4B. 1909,490,1,5 51.
R. S. 7, § 25.
Chap. 59. J assessment of local taxes. 699
1 Section 27. If assessors neglect to assess a state, county, city, town County com-
2 or district tax required hy law, the county commissioners shall forthwith "ppuTnt! Itc°,
3 appoint other persons in accordance with section twenty-seven of chap- ncS by
4, (• . asacsaora.
ter torty-one.
'l785, 50, §4. G.S. 11,5 19. R I,. 12. § .f!)
R. S. 7, §§ 17. 18. P. S. 11, § 36. 1009, 490, I, § 39.
[Penalty, § 93.)
1 Section 28. If a state or county tax is not assessed, and paid l\y the Liability of
2 town, within the time prescribed, and remains unpaid at the ex-piration taxn'ot'^"'
3 of five months after the receipt of a warrant from the state treasurer or unpSl "'^
4 of a certificate from the county commissioners requiring its assessment, IfH*'
5 the amount of the tax may be recovered of the town in contract by g; |; ?i,^f^5,
6 the state treasurer or the treasurer of the county respectively.
P S. 11, § .37. 1909, 490, I, § 40. 1919, 5.
R. L. 12, § 40. 191S, 257. § 140. 1920. 2.
NOTICES AND LISTS.
1 Section 29. Assessors before making an assessment shall give season- Assesaors to
2 able notice thereof to all persons subject to taxation in their respective requiring
3 towns. Such notice shall be posted in one or more public places in each I'fss.to; § 9.
4 town, or shall be given in some other sufficient manner, and shall require g; g: n,\*22.
5 the said persons to bring in to the assessors, before a date therein specified, p*^|; /fo. s^i.
6 in case of residents a true list, containing the items required by the com- Iff^'^^i; l^''
7 missioner in the form prescribed by him under section five of chapter 1888,323.^^^
S fifty-eight of all their polls and personal estate not exempt from taxation, 1903: 157.
9 except intangible property the income of which is included in a return z-igo. i.'i'ii.'
10 filed the same year in accordance with sections twenty-two to twenty- J9i8;257; lie.
11 five, inclusive, of chapter sixty-two, and in case of non-residents and j^^^.s.
12 foreign corporations such a true list of all their personal estate in that J|^^g\^2'ii.^'
l:! town not exempt from taxation, and may or may not require such list to sg^^h. 53^
14 include their real estate subject to taxation in that town. It shall also s Gray; 509:
1.5 require all persons, except corporations making returns to the commis- 101 u^ss.aj.
IG sioner of insurance as required by section thirty-eight of chapter one Jgs Mais! tee:
17 hundred and seventy-six, to bring in to the assessors before a date therein \ll ^^^^ Hf
15 specified, which shall not be later than June first following, unless the J^o ^J^f^; |J^;
19 assessors for cause shown ex-tend the time to July first, true lists, simi- ire m.^s3. 486.
20 larly itemized, of all real and personal estate held by them respectively for 193 mIZ'. 'ws.
21 literary, temperance, benevolent, charitable or scientific purposes on 201 MaS: .326.
22 April first preceding, or at the election of any such corporation on the last |?| ^J^^; fe|;
23 day of its fiscal year last preceding said April first, and to state the amount |Jt/|'j'4'^- ™'
24 of receipts and expenditures for said purposes during the year last pre- |Jg!^^J^^;
25 ceding said davs. The notice shall contain the provisions of section 219 Mass. 520.
26 thirty-four. The assessors may require from any person claiming under 228 Mass. 231.
27 the seventeenth, eighteenth, twenty-second or twenty-third clause of 402. "^^^
28 section five an exemption from taxation, a full list of all such person's 249 Mais! i67'.
29 taxable property, both real and personal.
262 Mass. 439. 271 Mass. 1. 189 U. S. 255. Op. A. G. (1917) 114.
1 Section 30. The assessors shall furnish a blank list prescribed by ^^^^^^f/^°^^i*°,j
2 the commissioner under section five of chapter fifty-eight to any person lists
0 liable to taxation.
1894, 294. R. L, 12, § 42. 1909, 490, I, § 42; 515. 216 Mass. 508.
1 Section 31. The assessors shall in all cases require a person bringing Uststobe
2 in a list to make oath that it is true. The oath may be administered by lllb^ .
700
ASSESSMENT OF LOCAL TAXES.
[Chap. 59.
17S5, 50, § 9.
R. S. 7, § 20.
G. S. 11. §23.
P S. 11, §39.
1891, 381.
R. L. 12, § 43.
1909, 490,
I, I 43.
any of the assessors or by tlicir secretary or liead clerk, or by any notary .3
public, whose jurat shall be duly authenticated by his seal, or, in this 4
commonwealth, by a justice of the peace. So much of this section as -S
relates to administering the oath shall not apply to Boston. 6
1916, 130, !
294.
1 Allen, 199.
131 Mass. 424.
193 Mass. 168.
215 Mass. 329.
232 Mass. 402.
233 Mass. 190.
[Note: Special provision as to Boston, 1916, G. A. 294, § 2.]
Inspection
of lists.
1898, 507, § 1.
R. L. 12. § 44.
1909, 490,
I, § 44.
Section 32. Such lists shall be open to the inspection of the assessors,
their assistants and clerks and of the commissioner and his deputies, the
director of the division of local taxation and the supervisors of assessors;
but so much of the lists as shows the details of the personal estate to that
of no other person except by order of a court. The lists shall be preserved
by the assessors until the commissioner orders them destroyed.
storage ware-
houses to give
certain infor-
mation to
assessors.
1912, 621.
Section 33. All persons engaged in the business of storing or keeping 1
merchandise in storage warehouses shall, within ten days after a request 2
therefor by the assessors of the town where said property is so stored or 3
kept, permit said assessors to copy from their records a list of the names 4
and addresses of all persons who appear, on April first in such year, to 5
have any such property stored or kept in any such warehouse; but such 6
persons shall not be required to furnish lists of persons having property 7
stored in warehouses which is composed of imported goods in original S
packages and owned by the importer, or of goods that have been received 9
for export trade. Failure to comply with this section shall be punished by 10
a fine of not more than five hundred dollars or by imprisonment for not 11
more than ninety days. 12
Statement by
mortgagor or
mortgagee.
1882, 17,'i, § 1.
R. L. 12, § 45.
1909, 490,
1, § 45.
193 Mass. 190.
198 Mass. 119.
Section 34. A mortgagor or mortgagee of real estate may bring in to
the assessors of the town where it lies, within the time prescribed by the
notice under section twenty-nine, a sworn statement of the amount se-
cured thereon or on each separate parcel thereof, with the name and resi-
dence of every holder of an interest therein as mortgagor or mortgagee.
If such property is situated in two or more places, or if a recorded mort-
gage includes two or more estates or parts of an estate as security for one
sum, such statement shall include an estimate of the interest of the mort-
gagee in each estate or part thereof. The assessors shall, from- such
statement or otherwise, ascertain the proportionate interests of the
mortgagor or mortgagee respectively in said estates, and shall assess the 1 1
same accordingly. If, in any year, such statement is not brought in, 12
the tax for that year on such real estate shall not be iuAalid merely for 13
the reason that the interest of the mortgagee therein has not been assessed 14
to him. . 15
6
7
8
9
10
Lists to be
talcen as true,
unless, etc.
1785, SO, § 9.
R. S. 7, § 22.
G. S. 11, § 25.
P. S. 11, § 40.
Section 35. Assessors shall receive as true, except as to valuation, 1
the list brought in by each person, unless, on being thereto required by 2
the assessors, such person refuses to answer ori oath all necessary in- 3
quiries as to the nature and amount of his property'. 4
R. L. 12, § 40.
1909, 490, I, § 46.
12 Met. 211.
8 Cush. 55.
10 Allen, 100.
112 Mass. 218.
131 Mass. 424.
134 Mass. 431.
100 Mass. 298.
193 Mass. 522.
214 Mass. 241.
215 Mass. 329.
217 Mass. 03.
220 Mass. 409.
Estimate of
value in de-
fault of list.
1785, 50, § 1.
Section 36. Assessors shall ascertain as nearly as possible the par- 1
ticulars of the personal estate, and of the real estate in possession or 2
Chap. 59.] as.sessment of local taxes. 701
3 occupation, as owner or otherwise, of any person not bringing in such g. s. 7.^§m^
4 Hst, and shall estimate its just value, according to their best informa- p.s.n.'ifi.'
5 tion and belief.
R L 1'' § 47 2 Allen, 594. 137 Mass. 266. 179 Mass. 486.
1909! 490. I, § 47. 130 Mass. 561. 152 Mass. 372. 189 U. S. 255.
8 Cush. 55.
1 Section 37. Such estimate shall be entered in the valuation book, Estimate to
.,,... 1 11 1 1 • be conclusive,
2 and, except as provided in section sixty-one, shall be conclusive upon any when.
3 person not seasonably bringing in such list, unless he shows a reasonable r.*|;7,'''§2I:
4 excuse for the omission.
G. S. 11, § 28. R. L. 12, § 48. 8 Cush. 55
P. S. 11, i 42. 1909. 490, I, § 48. 3 Allen, 546.
VALUATION OF PROPERTY.
1 Section 38. The assessors of each city and town shall at the time valuation of^
2 appointed therefor make a fair cash valuation of all the estate, real and ject to taxation.
3 personal, subject to taxation therein, and, in cities, the assessors may, in r.^I;!,"? U;
4 any year, divide the city into convenient assessment districts. ^^^^' ^^^' ^ ^■
G S 11 § 24 1909, 490, I, I 50. 163 Mass. 283. 233 Mass. 190.
P's'u 5 45 1919.51. 167 Mass. 517. 271 Mass. 1.
1889 115 152 Mass. 372. 214 Mass. 79. 272 Mass. 396.
R. L 12, § 51.
1 Section 39. The valuation at which the machinery, poles, wires and ^;^'Xne°y°'
2 underground conduits, wires and pipes of all telephone and telegraph poIcs^tos,
3 companies shall be assessed by the assessors of the respective towns pho'n£and
4 where such property is subject to taxation shall be determined annually companies.
5 by the commissioner, subject to appeal to the board of tax appeals, as \l\l\ \ll[ ^ ^•
6 hereinafter provided, and shall by him be certified to the assessors on ^^^°- "«■ ^ ^^■
7 or before June fifteenth. A board of assessors aggrieved by a valuation
8 made by the commissioner under this section may, within ten d^iys
9 after notice of his valuation, apply to said board of tax appeals. Said
10 board shall hear and decide the subject matter of such appeal and give
11 notice of its decision to the commissioner and to the assessors; and its
12 decision as to the valuation of the property shall be final and conclusive,
13 except as provided in section seventy-three, relative to abatements.
14 The assessors shall, in the manner provided by law, assess the niachin-
15 ery, poles, wires and underground conduits, wires and pipes of all tele-
Ifi phone and telegraph companies as certified and at the value determined
17 by the commissioner or by the board of tax appeals, and such assess-
18 rnent by a board of assessors shall be deemed to be a full compliance
19 with the oath of office of each assessor and a full performance of his
20 official duty with relation to the assessment of such property, except as
21 provided in the following section.
1 Section 40. Every board of assessors shall, as and when required by As'^^Mirs to
2 the commissioner, furnish him with any and all information in its knowl- missioner, etc.
3 edge or possession relating to any property, the value of which he is ^^^^' '^^' ^ ^•
4 required to determine by the preceding section.
1 Section 41 . Everv telephone or telegraph company owning any Telephone and
^ ,,, !•• J i." telegraph com-
2 property required to be valued by the commissioner under section panics to make
3 thirty-nine shall annually, on or before a date determined by the com- "g "5°i37''5 3.
4 missioner but in no case later than June first, make a return to the com-
5 missioner signed and sworn to by its treasurer. This return shall be in
702
ASSESSMENT OF LOCAL T.'OCES.
[Chap. 59.
the form and detail prescribed by the commissioner and shall contain 6
all information which he shall consider necessary to enable him to make 7
the valuations required by section thirty-nine, and shall relate, so far 8
as is possible, to the situation of the company and its property on April 9
first of the year when made. Property returned to the commissioner as 10
herein provided need not be included in the list required to be filed by all
telephone or telegraph company under section twenty-nine. 12
Estimate by
commissioner
in default of
return.
1915, 137, § 4.
Section 42. If any company, or any treasurer thereof, shall in any 1
year refuse or neglect to make the return required by the preceding sec- 2
tion, the commissioner shall estimate the value of the property of the 3
company, and in such case the value determined by the commissioner 4
shall not be less than twice the value determined in the previous year. 5
Valuation and
assessment to
be made in
books, and list
to be open to
public.
1785, 50, § S.
1823, 139, § 3.
K. S. 7, § 29.
G. S. 11, § 33.
1861, 167.
P. S. 11, § 50.
1888, 307.
1898, 507, § 2.
R. L. 12, § 56.
1909, 490,
I, § 55.
1928, 14, § 1.
BOOKS, LISTS, TABLES AND RETURNS OF AS.SESSORS.
Section 43. The assessors shall make, on the books furnished under 1
section forty-five, a list of the valuation and the assessment thereon, in 2
the following manner: In each column provided in the book or books 3
so furnished shall be entered the valuation of that portion, if any, of the 4
personal property of each person and corporation, indicated by the 5
heading thereof. The total amount of the taxable personal property 6
shall be shown, but without other detail or specification than is provided 7
for herein. Before the taxes are committed for collection they shall 8
deposit the books, or an attested copy thereof, in their office or, if there 9
is no office, with their chairman, for public inspection. 10
2 Gray, 298.
2 AUen, 594.
102 Mass. 148.
127 Mass. 502.
192 Mass. 278.
206 Mass. 380.
218 Mass. 501.
222 Mass. 504.
List to contain
polls and
estates of in-
habitants,
estates of non-
residents, etc.
1828, 143, § 5.
R. S. 7, § 30.
G. S. 11, §34.
1861, 167.
P. S. 11, §51.
R. L. 12, § 57.
1908. 387, § 1.
Section 44. The list shall exhibit the valuation and assessment of
the polls and estates of the inhabitants assessed ; and the valuation and
assessment of the estates of non-resident owners, and shall contain the
names of the non-resident owners of the property assessed, or such
description of them as can be given, their places of abode, if known,
the description of their estate, the true value of such estate, and the
tax thereon.
1909, 490, I, § 56.
21 Pick. 64.
151 Mass. 226.
Commissioner
to furnish
books to
assessors.
Form.
1861, 167, § 1.
1879, 72, § 2.
P. S. U, § .52.
1883, 41, § 1.
1887. 86, § 2.
1890, 242, § 2.
1891, 65.
1898, 507,
R, L. 12, !
1907, ISl.
1908, 314;
387, § 2.
1909, 440, § 2;
490, I, § 57.
1914, 19S, § 2.
1920, 307.
1925, 343,
§§ 11, 13.
1926, 222.
§2.
i 58.
Section 45. The commissioner shall provide each city and town, on
or before April first annually, suitable books for the use of the assessors
in the assessment of taxes, which shall contain blank columns, with uni-
form headings for a valuation list, and blank tables for aggregates, in
the following form or in such other form as the commissioner shall from
time to time determine; provided, that in lieu of the valuation list pro-
vided for in this section and the preceding two sections, the assessors of
any city or town may, with the assent of the commissioner, prepare a
valuation list upon books furnished by the city or town and in such
form as the commissioner shall approve, and that, for the separate listing 10
of poll taxes under section four of chapter si.xty, such portion of the 11
books furnished by the commissioner as he shall determine may contain 12
only the first three columns of said form. 13
1928, 14, § 2.
13 Piek. 492.
143 Mass. 299.
185 Mass. 114.
253 Mass. 564.
Chap. 59.]
ASSESSMENT OF LOCAL TAXES.
703
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Individuals.
Individuals.
t On prop-
erty.
Buildings, exclud-
ing land.
• All others.
• All others.
For poll tax
only.
Land, excluding
buildings.
Total.
Total.
Total,
Total.
Total.
• Firms, corporations, associations, institutions, trustees, etc.
t On property; the total of the first two columns.
704
ASSESSMENT OF LOCAL TAXES.
[Chap. 59.
Tax for state, county and
city or town purposes,
including overlayings.
S
eg
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ai
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t. ■
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m
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II
2;
o
.Si
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z
C
si
.2
11
z
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£
li
•§1
Dollars.
Cts.
11
z
On personal estate.
Number.
On real estate.
Value.
On polls.
Total.
Directions
to assessors in
making lists
in books.
1861, 167, § 2.
1879, 72, § 1.
P. S. 11, § 53.
1S83, 41, § 2.
1898, 507, § 2.
Section 46. The assessors shall enter in the books so furnished the 1
vahiation and assessment of the polls and estates of the persons assessed, 2
as directed in the headings of the various columns and shall state the 3
value of each building described, including therein water wheels but 4
excluding land and water power and machinery used in the building. 5
R. L. 12, § .59.
1909, 490, I, § .5!
1918, 257, § 38.
1919, 5.
1920, 2.
1928, 14, § 3.
127 Mass. 502.
143 Mass. 299.
IPenalty, § 94.)
151 Mass. 226.
152 Mass. 372.
185 Mass. 114.
Assessors to
prepare tabic
of aggregates
and deposit
copy annually
with com-
missioner.
Section 47. The assessors shall fill up the table of aggregates by an 1
enumeration of the necessary items included in the lists of valuation and 2
assessments, and shall annually, on or before October first, deposit in 3
the office of the commissioner an attested copy of the same. 4
1861, 167, § 3.
1864, 210, § 2.
1879, 72. § 2.
P. S. 11, § 54.
1885, 106.
1886, 56.
1.887, 86, § 1.
1890, 242, § 1.
1891, 05.
R. L. 12, § 00.
ino.s, 314.
r.lll'.l, 490, I, § 59.
[Puualty, § 94.)
1925,343, §§ 10, 13.
1926, 222.
1928, 14, § 4.
207 Mass. 172.
253 Mass. 564.
261 Mass. 169.
Same subject,
December
assessments.
1912, 312, § 1.
[Penalty, § 94.)
Section 48. Annually on or before .January fifteenth, assessors shall 1
report to the commissioner in the form prescribed for tables of aggre- 2
gates by the two preceding sections the facts as to any and all assess- 3
meiits made between December tenth and twentieth preceding, both 4
inclusive, under section seventy-five. 5
Assessors to
deposit copies
of valuation
books with
commissioner
every third
year.
1861, 167, 5 3.
1804, 210, § 1.
P. S. 11, §55.
1883, 91.
1894, 318.
R. L. 12, § 61.
Section 49. The assessors, except those of Boston, on or before 1
October first, nineteen hundred and twenty-two, and in every third 2
year thereafter, shall deposit in the office of the commissioner, in books 3
to be by him provided for the purpose, a copy of the assessors' valuation 4
books of those years, to be by them certified under oath. This shall not 5
excuse, in such years, the filing of a separate copy of the table of aggre- 6
gates under section forty-seven. 7
1908, 314. 1909, 490, I, § 60.
[Penalty, §94.]
ClUP. 59.] ASSESSMENT OP LOCAL T.VXES. 705
1 Section 50. The books provided by the commissioner for the use of ^JJ,"^;^*"^ i^
2 assessors shall contain a copy of this section, of the seven preceding sec- ^"g^"iS'";„3
3 tions and of sections eighty-four and ninety-four, and such certificates igooi 496.
4 as are required by law to be signed by the assessors, with such explana- '
5 tory notes as he considers necessary to secure uniformity of returns
6 under tlie several headings.
1 Section 51. The assessors shall enter upon the valuation list, in the Entry on
2 appropriate cohunns after the enumeration of the persons and estates ofcCTtdn '^'
3 liable to taxation therein contained, a statement and description of all propeny"^
4 the property and estate, with the fair cash value thereof, which is ex- ^^*' ffj'^ ^
5 empted from taxation in their respective towns pursuant to the provi- R-^l. 12^ § ol
6 sions of the first fifteen clauses of section five, or for the reason that it is i. § 63 '
7 owned by a county, city, town or district and put to a public use, with
8 the names of the persons or corporations owning the same and the
9 purpose for which it is used, and with a reference to the law, if any, by
10 which such exemption is allowed.
1 Section 52. The assessors, or other persons authorized to assess statement ot
2 taxes, shall, at the end of said valuation list, subscribe the following taiuatTon°Ust.
3 statement: ilss, 50, §5.
R. S. 15, § 55.
„ , , , ,, . 1 XI i_ \ r 1853, 319, § 2.
We, the assessors (or other persons so authorized, as the case may be,) ot g. s. 11, §36.
, do severally state, that the foregoing list is a full and true hst of P- |^ ^^^ ^is.
the names of all persons known to us, who are liable to taxation in , 1909. 496,
(here insert the name of the city or town,) during the present year, and that the 5^|8^\4_ 5 5
real and personal estate contained in said list, and assessed upon each person 268 Mass. 480.
in said list, is a full and accurate assessment upon all the property of each per-
son, liable to taxation, at its full and fair cash value, according to our best
knowledge and belief. This statement is made under the penalties of perjury.
4 Failure to subscribe the foregoing statement shall not invalidate a tax iss?, 306,
5 otherwise legally assessed; but whoever assesses taxes in a town with- g. s'. 11, §37.
6 out having subscribed the same shall be punished by a fine of ten dollars, r. L.Vil^e.
collector's list and warrant.
1 Section 53. The assessors shall, within a reasonable time, commit Commitment
2 the tax list with their warrant to the collector of taxes, and, if there is a Collection.'
3 fire, water, light or improvement district in the town, they shall commit § 6;''7o, '§§ 1. 3.
4 to him a separate list and warrant for the district taxes. If no collector ^ '|; 7^°' ^ *■
5 has been chosen, they shall commit such list with their warrants, to a ^^ |-',^,*§ 33.
6 constable; or, if there is no constable, to the sheriff' or his deputy; but J.^^l'/f'^y-
7 the assessors of a town shall not commit a tax list to the collector until r.'l. 12, §67.
8 the bonds of such collector and of the town treasurer have been given i, § ee.
9 and approved as required by law.
1919, 319, § 1. 13 Met. 85. 6 Gray, 387.
1 Section 54. The tax list committed to the collector shall be in a form Form of tax
2 approved by the commissioner.
1828, 143, §6. PS. 11, §61. 1909, 490. I, § 67.
R. S. 7, § 31. 1887, 235, § 1. 1926, 65, § 5.
G. S. 11, §35. R. L. 12, §68. 2 Gray, 298.
1 Section 55. The warrant shall specify the duties of the collector warrant,
2 as prescribed by law in the collection of ta.xes, the times when and the form™
706
ASSESSMENT OF LOCAL T.\XES.
[Chap. 59.
1785, 50, § 6;
70, § 1.
R. S. 7,
§§ 32, 33.
person to whom he shall pay them, shall be substantially in the form 3
heretofore used, and need not be under seal. 4
G. S. 11, §39.
P. S. 11, § 63.
R. L. 12, § 69.
1909, 490, I, § 68.
1 Met. 328.
6 Met. 340.
13 Met. 85.
99 Ma.ss. 472.
127 Mass. 502.
139 Mass. 384.
New warrant
if original
lost, etc.
1799, 83.
R. S. 8, § 51.
Section 56. If a warrant issued for the collection of taxes is lost or 1
destroyed, the assessors may issue a new warrant therefor, which shall 2
have the same force and effect as the original warrant. 3
G. S. 11,§40. R. L. 12, §70. 1909, 490, 1, § 69.
P. S. 11, § 64.
Date for pay-
ment of taxes.
Interest.
1.873, 225, 5 1.
1S78, 185, § 1.
1879, 74.
P. S. 11,
§5 67,68.
1900. 168.
R. h. 12, § 72.
1909, 490,
I, §71.
1913, 688, § 1.
1915, 237, § 21.
1916, 103.
1918, 190, § 1.
1920, 460.
1926, 269, § 2.
146 Mass. 476.
232 Mass. 168.
271 Mass. 1.
4 Op. A. G. 509.
Op. A. G.
(1918) 47.
Op. A. G.
(1920) 235.
INTEREST AND DISCOUNT ON TAXES.
Section 57. Taxes shall be payable in every city, town and district 1
in which the same are assessed, and bills for the same shall be sent out, 2
not later than October fifteenth of each year, unless by ordinance, by- 3
law or vote of the city, town or district, an earlier date of payment is 4
fixed. On all taxes remaining unpaid after the expiration of seventeen 5
days from said October fifteenth, or after such longer time as may be 6
fixed by any city, town or district which fixes an earlier date for payment, 7
but not exceeding thirty days from such earlier date, interest shall be paid 8
at the following rates computed from the date on which the taxes become 9
payable: at the rate of six per cent per annum on all taxes and, by way of 10
penalty, at the additional rate of two per cent per annum on the amount 1 1
of all taxes in excess of two hundred dollars assessed to any taxpayer, in 12
any one city or town, if such taxes remain unpaid after the expiration of 13
three months from the date on which they became payable, but if, in any 14
case, the tax bill is sent out later than the day prescribed, interest shall be 15
computed only from the expiration of such seventeen days or said longer 16
time. In no case shall interest be added to taxes paid prior to the expira- 17
tion of seventeen days from the date when they are payable, nor shall IS
any city or town so fix an earlier date of payment and longer time within 19
which taxes may be paid without interest as would permit the payment of 20
any taxes without interest after November first of the year in which they 21
are due. Bills for taxes assessed under section seventy-five shall be sent 22
out not later than December twenty-sixth, and such taxes shall be payable 23
not later than December thirty-first. If they remain unpaid after that 24
date, interest shall be paid at the rates above specified, computed from 25
December thirty-first until the day of payment, but if, in any case, the 26
tax bill is sent out later than December twenty-sixth, said taxes shall be 27
payable not later than ten days from the day upon which said bill is sent 2S
out, and interest shall be computed from the fifteenth day following the 29
date when the tax becomes due. In all cases where interest is payable it 30
shall be added to and become a part of the tax. 31
No discount
to be allowed
CD taxes.
Section 58. Towns shall not allow any discount on taxes.
1815, 130, §§ 2, 4.
R. S. 7, §§35, 36.
G. S. 11, §§41, 42.
P. S. 11, §§65,66.
R. L. 12, § 71.
1909, 490, I, § 70.
1913, 6t>8, §§3,5.
Abatements.
1785, 50, § 10.
R. S. 7,
§§37,41.
G. S. 11,
§§43, 47.
1877, 160, § 2.
P. S. 11.
§§ 69, 74.
ABATEMENTS.
Section 59. A person aggrieved by the taxes assessed upon him may, 1
within one year after April first of the year to which the tax relates, apply 2
to the assessors for an abatement thereof; and if tiicy find him taxed at 3
more than his just proportion, or upon an assessment of any of his prop- 4
erty in excess of its fair cash value, they shall make a reasonable abate- 5
Chap. 59.] assessment of local t.^xes. 707
6 ment. A tenant of real estate paying rent therefor and under obligation jsss, sis.^ ^^
7 to pay more than a moiety of the ta.xes thereon may apply for such looo, 496, i. '
8 abatement.
1926 71 5 2. ISS Mass. 348. 186 Mass. 361.
6 Pick 98 i:!0 Mass. 143. 478, 561. 192 Mass. 491.
12 Picii 7 141' Mass. 403. 193 Mass. 168.
9 Met 199. 147 .Mass. 31. 196 Mass. 290.
5 Cush 93 14S Mass. 508. 200 Mass. 378, 468.
7 Cush 273. 150 Mass. 237. 215 Mass. 329.
8 Cush 55 151 Mass. 227. 221 Mass. 435.
2 Grav' 494. 152 Mass. 372. 232 Mass. 402.
8 Gray 509. 155 Mass. 313. 233 Mass. 190.
13 Gray 321 150 Mass. 383. 234 Mass. 188.
3 \llen 546. 165 Mass. 375. 259 Mass. 1.
13 \llcn 119 166 .Mass. 216, 298. 261 Mass. 432.
102 .Mass 348. 174 .Mass. 396. 268 Mass. 32.
109 Mass 270. 175 .Mass. 293. 271 Mass. 1, 358.
114Ma^s214. 17S Mass. 469. 189 U. S. 255.
121 .Mass. 351. 179 Mass. 486.
1 Section 60. E-\-ery board of assessors shall keep a record of all abate- Records of
2 ments of taxes. The record of abatement of the whole or any part of any iom? sT",*! i.
3 tax shall show plainly the following details, viz. : 259 Mats. i.
4 First, The name or title in which the tax stands assessed.
5 Second, The year in which the tax was assessed.
6 Third, The total amount of the tax.
7 Fourth, The date when the abatement was made.
8 Fifth, The sum abated on poll tax.
9 Sixth, The sum abated on personal estate.
10 Seventh, The sum abated on real estate.
11 Eighth, The total sum abated.
12 Ninth, In case of an abatement to put into effect a statutory exemp-
13 tion, e.xact reference to the statutory provision under which the exemp-
14 tion is granted and in all other cases a statement of the cause or reason
15 for the abatement.
IG If the record of an abatement is made as a part of the record of a meet-
17 ing of the board of assessors it shall be signed by the clerk or secretary
18 of the board for that meeting; otherwise by a majority of the board.
19 The assessors shall forthwith upon making an abatement furnish the
20 tax collector with a copy thereof.
1 Section 61. A person shall not have an abatement of a tax imposed ^bTttment."'
2 upon his personal property subject to ta.xation, e.xcept as otherwise pro- J^''*!'^^^^^-
3 vided, unless he has brought in to the assessors a list of his personal iJ^S' s'ib. | 's.
4 estate as required by section twenty-nine. If such a list of his personal g.^s.' ii, '§'46.'
5 estate is not filed within the time specified in the notice required by said \l%\ uo. § i.
6 section twenty-nine, no part of the tax assessed on the personal estate 7^,^73^/' ^^^^'
7 shall be abated unless the applicant shows to the assessors a reasonable }g*' l^-
8 excuse for the delay, or unless such tax exceeds by fifty per cent the f^^- 1|^ \y*-
9 amount which would have been as.sessed on such estate, if the list had l^^^^^^j'f^-
10 been seasonably brought in, and in such case only the excess over such 1931: 156, §2.
11 fifty per cent shall be abated. An owner of real estate or a tenant of real s Cush: 55. '
12 estate paying rent and under obligation to pay more than one half of the | gray, sol".
13 taxes thereon may have an abatement of any assessment or tax upon real I f^l^' Hf
14 estate although no list of the owner's estate was brought in as required joi ^I;^ss. s7^
15 by the said notice; provided, that in any application for an abatement of isi Mass. 424.
16 such an assessment or tax the applicant shall include a sufficient descrip- isi kak 227!
17 tion of the particular real estate as to which an abatement is requested.
166 Mass. 216, 29S. 214 Mass. 348. 241 Mass. 96.
167 Mass. 517. 215 Mass. 329. 249 M.ass. 167.
170 Mass. 568. 216 Mass. 508. 259 Mass. 1.
176 Mass. 384. 221 Mass. 437. 261 Mass. 432.
186 Mass. 361. 228 Mass. 231. 262 Mass. 439.
200 Mass. 82, 378. 231 Mass. 291. 271 Mass. 1.
708
ASSESSMENT OF LOCAL TAXES.
[Chap. 59.
Prepayment
of costs.
R. S. 7, § 38.
Notice of
decision
Section 62. A person applying for an abatement shall pay the legal 1
costs accruing before it is made. "^
G. S. U, § 44.
P. S. 11, § 70.
R. L. 12. § 75.
1909, 490, I, § 74.
182 Mass. 598.
259 Mass. 1.
decision Section 6.3. Assessors shall, within ten days after their decision on an 1
im'TaV, § 6. application for an abatement, give written notice thereof to the applicant. 2
R. L. 12, § 76. 1909, 490, I, § 75. 186 Mass. 361. 259 Mass. 1.
Appeal to
county com-
missioners.
Election by
town to have
appeal iieard,
etc., by board
of tax appeals.
Proceedings.
1785. SO,
§§9, 10.
R. S. 7.
§5 39,40.
1853, 319, 5 3.
1857, 306, § 3.
G. S. 11, §§45,
46.
1870, 337, § 2.
P. S. 11, §§71,
72.
1882, 218.
R. L. 12, § 77.
1909, 490, I.
§76.
1930, 416, § 13.
1931, 150, § 3.
6 Allen. 131.
146 Mass. 403.
155 Mass. 313.
159 Mass. 383.
205 Mass. 558.
208 Mass. 208.
213 Mass. 162.
214 Mass. 79,
348.
221 Mass. 435.
228 Mass. 231.
249 Mass. 167.
259 Mass. 1.
268 Mass. 32.
Op. A. G.
(1920) 289.
Section 64. A person aggrieved by the refusal of assessors to abate
a tax may, within thirty days after receiving the notice provided in the
preceding section, apjieal therefrom by filing a complaint with the clerk
of the county commissioners, or of the board authorized to hear and
determine such complaints, for the county where the property taxed lies,
and if on hearing the board finds that the property has been overrated,
it shall make a reasonable abatement and an order as to costs. If the
list of personal property required to be brought in to the assessors was not
brought in within the time specified in the notice required by section
twenty-nine, no tax upon personal property shall be abated unless the
appellate board finds good cause for this delay or unless the assessors have
so found as provided in section sixt>-one. A tax or assessment upon real
estate may be abated whether or not a list of property was brought in
within the time specified by the notice required by section twenty-nine;
provided, that the application for an abatement of such a tax or assess-
ment included a sufficient description of the particular real estate as to
which an abatement is requested.
Upon the filing of a complaint under this section the clerk of the county
commissioners or of the board authorized to hear and determine the same
shall forthwith transmit a certified copy of such complaint to the assessors
and the assessors or the city solicitor or town counsel may within thirty
davs after receipt of said copy give written notice to said clerk aJid to the
complainant that the town elects to have the same heard and determined
by the board of tax appeals. Thereupon, the clerk of the county commis-
sioners or of the board authorized to hear and determine such complaints
shall forward all pajjers with respect to such complaint then in the file of
the county commissioners or other such board to the clerk of the board
of tax appeals and proceedings with respect to such complaint shall
thenceforth be continued as provided in chapter fift\-eight A. If upon
hearing the board of tax appeals finds that the complainant is duly
entitled to an abatement, it may grant him such reasonable abatement
as justice may require, and shall enter an order directing the treasurer of
the town to refund said amount, if the tax sought to be abated has been
paid, together with all charges and interest on the amount of the abate-
ment from the date of the payment of the tax. The board may make
such order with respect to the payment of costs as justice may require.
1
2
3 ■
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Appeal to
board of tax
appeals.
Proceedings.
1890, 127, §§ ■
2. 4.
R. L, 12, § 78
1909, 490, 1,
§77.
1918, 257
1919, 5.
1920, 2.
1930, 416, § 14
§39
Section 65. A person aggrieved as aforesaid may, instead of pursuing
the remedy provided in section sixty-four, but subject to the same con-
ditions, appeal to the board of tax appeals by filing a petition with such
board within thirty days of the giving of the notice required by section
sixty-three. Such appeal shall be heard and determined by said board in
the manner provided by chapter fifty-eight A. The board may enter such
order as justice may require in the manner provided in the preceding
Chap. 59.] assessment of local t.\xes. 709
8 section \\ith respect to complaints removed from the county coramis- 152 Mass. 594.
lOo IvlflSS. oil}.
9 sioners.
175 Mass 257. 214 Mass. 79. 245 Mass. 45.
178 Mass 469. 215 Mass. 234. 247 Mass. 09.
1S2 Mass. 398. 221 Mass. 435. 250 Mass. 543.
186 Mass. 361. 228 Mass. 519. 258 Mass. 326.
200 Mass. 468. 232 Mass. 402. 259 Mass. 1.
205 Mass. 501, 558. 233 Mass. 190. 268 Mass. 32.
208 Mass. 208. 237 Mass. 135. 271 Mass. 1.
211 Mass. 178. 244 Mass. 150. 272 Mass. 396.
Section 66. [Repealed, 1930, 41G, § 2.]
Section 67. [Repealed, 1930, 416, § 2.]
Section 68. [Repealed, 1930, 416, § 2.]
Section 68A. [Inserted, 1926, 312; repealed, 1930, 416, § 2.]
Section 69. A person whose tax has been abated shall, if the tax has Person receiv-
2 been paid, be reimbursed by the town to the amount of the abatement 't"'^herd^°"
3 allowed, with interest from the time of payment of said tax and all nsst'sa's'io.
4 charges paid therewith except legal costs paid as provided in section §: i: ilS'^Is.
5 sixty-two.
p. S. 11, § 75. 1909, 490, 1, § 81. 259 Mass. 1.
1894, 207. 3 Allen, 546, 550. 268 Mass. 32.
1895. 75. 159 Mass. 383. 271 Mass. 1.
R. L. 12, § 82, 165 Mass, 265,
1 Section 70. A person whose tax has been abated shall be entitled abltement."^
2 to a certificate thereof from the assessors, clerk of the commissioners or g- 1- ^^ ^*^^
3 other proper officer.
p. S. 11, § 76. 159 Mass. 383, 268 Mass. 32.
R. L. 12, § 83. 259 Mass. 1. Op. A. G. (1920) 289.
1909, 490, I, § 82.
1 Section 71. If a collector is satisfied that a poll tax or tax upon per- Abatement of
2 sonal property, or any portion of said tax, committed to him or to any "ax'es.'lw'tifica-
3 of his predecessors in office for collection, cannot be collected by reason coiieotOT.
4 of the death, absence, poverty, insolvency, bankruptcy or other inability }|^*; H-
5 of the person assessed to pay, he shall notify the assessors thereof in p- | y^ y^
6 writing, on oath, stating why such tax cannot be collected. The as- }^°|^^-, j
7 sessors shall act on such notification within thirty davs after its receipt § 83."
8 and, after due inquiry, may abate such tax or any part thereof, and 1923! 1" '
9 shall certify such abatement in writing to the collector; and said certifi- Joe MalsJsa
10 cate shall discharge the collector from further obligation to collect the "^^ ■''^''^''- ^•
11 tax so abated.
1 Section 72. Whenever the commissioner deems any lands to have Abatement by
2 been assessed at a valuation insufficient to meet the charges and expenses commissioner
3 of collecting the tax thereon, he may in writing authorize the assessors °f [insufficient
4 to abate the tax of their own motion as a tax which ought not to have ^hirges! "c!"'
5 been assessed. The authorization shall form a part of the assessors' glg^iat's.^*'
6 records of abatements.
1 Section 73. Any company aggrieved by the taxes assessed on it Telephone or
2 relating to any property valued in accordance with section thirty-nine piny may
3 may, within one year after April first of the year to which the tax relates, abatement of
4 apply to the commissioner for an abatement thereof; and if the com- vakiatTon°Sf '^
710
ASSESSMENT OF LOCAL TAXES.
[Chap. 59.
property tax-
able locally,
1915, 137, § 5.
1926, 71, § 3.
259 Mass. 1.
missioner finds that the company is taxed at more than its just proper- 5
tion, or upon an assessment of any of its said property in excess of its 6
fair cash vahie, he shall make a reasonable abatement. No company 7
which has not duly filed the return required by section forty-one shall 8
have an abatement unless it shall furnish to the commissioner a reason- 9
able excuse for the delay, or unless such tax exceeds by more than fifty 10
per cent the amount of the tax which would have been assessed on such 1 1
property if the return had been seasonably filed, and in such case only 12
the excess over such fifty per cent shall be abated. Whenever any 1.3
application for abatement hereunder is made, the commissioner shall 14
gi\-e notice thereof to the assessors of the towm in which is located any 15
of the property with reference to which an abatement of the tax is asked 16
for, and such assessors may appear before the commissioner and be 17
heard by him with relation to the subject of the abatement. The com- 18
missioner shall, within ten days after his decision on an application for 19
abatement hereunder, give written notice thereof to the applicant and 20
to the assessors. A company aggrieved by the refusal of the commis- 21
sioner to abate a tax hereunder may prosecute an appeal from his deci- 22
sion in the manner and to the tribunals provided for a person aggrieved 23
by the refusal of assessors to abate a tax, and all laws relating to such 24
an appeal from a refusal of assessors to abate a tax shall apply in pro- 25
ceedings hereunder. 26
Commissioner
to be notified
of abatement of
local taxes to
corporations
liable to fran-
chise tax.
1904, 442, § 1.
1909, 440, § 2;
490, I, § 84.
1914, 198. § 5.
1926, 279, § 2.
1928, 379, § 6.
259 Mass. 1.
Section 74. Whenever an abatement is finally made to any cor- 1
poration taxable under chapter sixty-three upon any tax assessed by the 2
assessors of any town, upon or in respect of works, structures, real 3
estate, motor vehicles, machinery, poles, underground conduits, wires 4
and pipes, the assessors, commissioners or court granting such abate- 5
ment shall forthwith notify the commissioner thereof, and shall state in 6
such notice what sum was determined by such assessors, commissioners 7
or court to have been the full and fair cash value of such works, struc- 8
tures, real estate, machinery, poles, underground conduits, wires and 9
pipes on the first day of April on which the tax so abated was originally 10
assessed or to have been the proper value of any such motor vehicle 11
owned by such corporation and assessed under chapter sixty A. 12
Property
omitted from
assessment to
be assessed in
December, etc.
1868, 320.
1873, 272.
P. S. 11, §78.
1886, 85.
1888. 362.
R. L. 12, § 85.
1909, 490, I,
§85.
1911. 89.
130 Mass. 561.
137 Mass. 266.
204 Mass. 563.
omitted ASSESSMENTS.
Section 75. If the real or personal estate of a person, to an amount 1
not less than one hundred dollars and liable to taxation, has been omitted 2
from the annual assessment of taxes, the assessors shall between Decern- 3
ber tenth and twentieth following, both inclusive, assess such person for 4
such estate. The taxes so assessed shall be entered on the tax list of the 5
collector, who shall collect and pay over the same. Such additional 6
assessment shall not render the tax of the town invalid although its 7
amount, in consequence thereof, shall exceed the amount authorized by 8
law to be raised. 9
208 Mass. 188.
215 Mass. 329.
218 Mass. 60.
221 Mass. 437.
241 Mass. 96.
267 Mass. 338.
Commissioner
may recom-
mend revision
of assessments.
1010, 260.
218 Mass. 60.
Section 76. If the commissioner deems any property subject to
taxation not properly valued, he may recommend to the assessors a
revision of its valuation, and they may make an assessment upon the
additional value in the manner and within the time provided by the
preceding section and subject to its provisions.
Chap. 59.] assessment of local taxes. 711
REASSESSMENT OF TAXES.
1 Section 77. Every tax except a poll tax, which is invalid by reason Reassessment
2 of error or irregularity in the assessment and which has not been paid, issg^fis. § i.
3 or which has been recovered back, may be reassessed by the assessors issl, swff?
4 for the time being, to the just amount to which, and upon the estate or J^- ^ \^^ ^ 79.
5 to the person to whom, it ought at first to have been assessed, whether isos. 490, i,
6 such person has continued an inhabitant of the same city or town or not. lois', 237, § 17.
7 An alienation of the real estate assessed shall not defeat a reassessment, 1919! f^' ^ "'
S if made within two years after the tax first assessed was committed to la'AJien. 269.
9 the collector; but the lien provided by section thirty-seven of chapter lli%^ss^%
10 sixty shall terminate as therein provided.
112 Mass. 5.35. 127 Mass. .502. 137 Mass. 266, 407. 165 Mass. 287.
121 Mass. 173. 129 Mass. 377. 149 Mass. 269. 204 Mass. 563.
126 Mass. 97. 136 Mass. 129.
1 Section 78. Taxes reassessed under the preceding section shall be Collection of
2 committed to, and collected and paid over by, the collector for the time tSS'^^*'^''
3 being, in the same manner as other taxes, except that the name of the p*^|' ff*\ go.
4 person to whom they were originally assessed shall be stated in the tax fgg^- {55 ^j*^-
5 list: and the bond of such collector shall apply to such reassessed taxes. § ^^- .
,„.,„„ 102 Mass. 72.
149 Mass. 269.
APPORTIONMENT OF TAXES ON REAL ESTATE SUBSEQUENTLY DIVIDED.
1 Section 79. If real estate is divided by sale, mortgage, upon a peti- Tax on real
2 tion for partition or otherwise after a tax has been assessed thereon and Ifter'ass™s-^
3 such division has been duly recorded in the registry of deeds, the asses- Tpp^ortioMd in
4 sors, at any time before said real estate has been advertised for sale for Jst-'s'Is-^^Ti
5 nonpayment of taxes, upon the written request of the owner or mort- p- |- 11. § si-
6 gagee of any portion thereof, shall apportion said tax, with costs and i909,'496,
7 interest upon the several parcels thereof, in proportion to the value of 1913, 599, § 1.
8 each, and only the portion of said tax, interest and costs so apportioned 20! Mass! 594:
9 upon any such parcel shall continue to be a lien upon it; and the owners ^^^ ^^'^^^' ^^^'
10 or mortgagees shall be liable only for the tax apportioned upon the parcel
11 owned in whole or in part by them respectively.
1 Section 80. Assessors shall send notice of the request for such appor- Notice to
2 tionment and of the time appointed therefor, by mail, to every person Cy'^lpp^orfion-"''
3 interested in said real estate whose address is known to them. ™'^°'
1878,182,5 2. P. S. 11, §82. R. L. 12, § 89. 1909, 490, I, § 89.
1 Section 81. A person aggrieved by any action of the assessors in Appeal from
2 making such apportionment may within seven days thereafter appeal in fiS""""
3 like manner as m case of an overassessment, and the decision upon such Ka'n"'§83;
4 appeal shall be final.
R. L. 12, § 90. 1909, 490, I, § 90.
ILLEGAL ASSESSMENTS.
1 Section 82. If, by reason of an erroneous or illegal assessment or Assessment
2 apportionment of taxes, a person is assessed more than his due propor- Istofuegai'
3 tion, the tax and assessment shall be valid except as to the illegal excess, flsgf ns, j 4.
G. S. 11, § 54. R. L. 12, § 91. 126 Mass. 97.
P. S. 11, § 84. 1909, 490, I, § 91. 151 Mass. 226.
712
ASSESSMENT OF LOCAL TAXES.
[Chap. 59.
ADDITIONAL DUTIES OF ASSESSORS.
Returns by
assessors of
names of
certain corpo-
rations, and
assessed value
of certain
corporate
property and
motor vehicles
Penalty.
1S64, 208,
1865, 28.3,
§U>14.
P. S. 11,
§§86,87.
R. L. 12,
1904, 181.
1906, 271, § 1
1909, 440, § 2
490, I. § 93.
1913, 453, § 1
1914, 198,
§§2,5.
1926, 279, § 3
, § 1.
5 93.
Section 83. Assessors shall annually, on or before the first Monday
of July, return to the commissioner the names of all domestic and foreign
corporations, except banks of issue and deposit, having a capital stock
divided into shares, organized for the purposes of business or profit and
established in their respective towns or owning real estate therein, and a
detailed statement of the works, structures, real estate, machinery, poles,
underground conduits, wires and pipes owned by each of said corporations
and situated in such town, with the value thereof, on April first preceding, 8
and the amount at which the same is assessed in said town for the then 9
current year. The assessors shall at the same time return to the com- 10
missioner a detailed statement of all motor vehicles owned by each such 11
corporation and the amount at which each such vehicle is assessed under 12
chapter sixty A for said year. An assessor neglecting to comply with 13
this section shall be punished by a fine of one hundred dollars. 14
1928, 379, § 7.
12 Allen, 75, 391.
Assessors to
state cause of
diminished
valuations.
1864, 210,
§§3,4,6.
P. S. 11,
§§ 88, 89.
R. L. 12, !
1908, 314.
i94.
Section 84. If the assessors of a town ascertain that the aggregate
valuation thereof has been diminished since April first of the preceding
year, they shall return with the table of aggregates, or with the books,
which they are required by sections forty-seven, forty-eight and forty-
nine to deposit in the office of the commissioner, a statement, on oath, of
the causes which in their opinion have produced such diminution.
1909, 440, § 2; 490, I. § 94. 1914, 198, § 2.
[Penalty, § 94.]
Returns by
assessors to
commissioner
of certain
exempted
property.
1916, 299, § 3.
Assessors to
make returns
of exempted
property, etc.
1874, 227, § 2.
1881, 284, § 4.
P. S. 11, § 90.
1882. 217, § 3.
R. L. 12, § 95.
1909, 490,
I, § 95.
Section 85. Assessors shall annually, on or before September first,
make a return to the commissioner, in such form as he may prescribe,
of the value of property exempted from taxation under clauses twenty-
second and twenty-third of section five, together with the amount of
taxes which would have been assessed on such property but for said
exemption.
Section 86. Assessors shall annually, on or before October first, for-
ward to the commissioner a statement showing the whole amount of
exempted property entered upon the \aluation lists of their respective
towns in accordance with section fifty-one, and the amount in each class,
and stating separately the aggregate amount belonging to each class em-
braced in clause third of section five, and shall also forward such lists and
statements required by section twenty-nine relative to real and personal
property exempt from taxation under said clause as have been received
by them.
Responsibility
of assessors.
1,S23, 138, § 5.
1833, 166.
R. S. 7, § 44.
G. S. U, § 51.
1872, 310.
responsibility and C0MPENS.\TI0N op ASSESSORS.
Section 87. Assessors shall not be responsible for the assessment of a
tax assessed by them in pursuance of a vote for that purpose, certified to
them by the clerk or other proper officer of a city, town or district, except
for the want of integrity and fidelity on their own part.
p. S. 11, §94
R. L. 12, § 98.
1909, 490, I, § 98.
4 Pick. 399.
5 Pick. 451, 498.
7 Pick. 106.
21 Pick. 382.
11 Met. 339.
4 Grav. 42.
3 Allen, 409.
4 Allen, 382.
97 Mass. 421.
98 Mass. 469.
99 Mass. 208.
119 Mass. 77.
125 Mass. 553.
268 Mass. 480.
Section 88. [Repealed, 1926, 29.;
Chap. 59.] assessment of local taxes. 713
evasion of taxation.
1 Section 89. Whoever in any way directly or indirectly proposes or Proposing, etc.,
2 agrees to an assessment on any specific or limited amount less than that assossment to
3 for which he may lawfully be" taxed, with the purpose of making, or as penHikld*"""^
4 an inducement to make, any particular place his residence or place of p. |. {J; 1 1®:
5 business, and an assessor guilty of making or assenting to any such pro- k.^l. 12^ § 29.
6 posal, shall be punished by a fine of one thousand dollars. i. § 29.
1918, 257, § 35. 1919, 5. 1920, 2.
1 Section 90. Whoever avoids taxation by wilfully and designedly Evasion of
taxation, etc..
2 changing or concealing his residence, or by any other act with the intent by concealment
3 so to avoid taxation, shall be punished by a fine of twice the amount of ?eside^nc1!; etc.,
4 the last tax paid by him, or, if he has paid no tax in the commonwealth, \^f^lf2.
5 by a fine of not less than one hundred nor more than five thousand dollars; » i; ^^ ^ ^^
6 and he may be indicted either in the county where any of the acts or R ^l. 12^ § 30.
7 things made criminal by this section are done or in the county where he i, § so.
8 is liable to taxation.
17 Pick. 231. 124 Mass. 53, 132.
1 Section 91. Whoever, with intent to defeat or evade any provision False or
2 of law as to the assessment or payment of taxes, delivers or discloses to penalized.
1S69, 190.
I 29.
32.
3 an assessor or assistant assessor a false or fraudulent list, return or p g; i ^
4 schedule of property, as and for a true list of his estate not exempt from fg^- ]2^_i
5 taxation, shall be punished by a fine of not more than one thousand dol- !■ § 32.
6 lars or by imprisonment for not more than one year.
1 Section 92. Keepers of taverns and boarding houses and masters J^,''f'Jf^*^';^''^'fi-„
2 and mistresses of dwelling houses, upon application of an assessor or by keepers of
3 assistant assessor of the town where their house is situated, shall give the penaiiS(t °"
4 names of all persons residing therein liable to be assessed for taxes. ^*^|; ll^\ 21.
5 Every such keeper, master or mistress refusing to give such information, ^- 1 Vi^sa.
6 or knowingly giving false information, shall be punished by a fine of \^f^*^°-
7 twenty dollars.
NEGLECT BY ASSESSORS.
1 Section 93. An assessor who neglects to assess a state, county or dis- Faii^e^to^^^
2 trict tax reciuired by law shall be punished by a fine of not more than two required by
' ■' law penalized.
3 hundred dollars.
1785, .50, §4. G. S. 11, §19. R. L. 12, §39.
R. S. 7 §1 17, 18. P. S. 11, § 36. 1909, 490, I, § 39.
1 Section 94. An assessor who neglects to comply with sections forty- vioMon o^
2 six, forty-seven, forty-eight, forty-nine or eighty-four shall be punished penaUzed.
3 by a fine of not more than two hundred dollars.
1861 167 5 5 R. L. 12, § 62. 1912, 312, § 3.
PS 11, § 56 1909, 490, I, §§ 61. 94. 1 Op. A. G. 73.
714
COLLECTION OF LOCAL TAXES.
[Chap. 60.
CHAPTER 60.
COLLECTION OF LOCAL TAXES.
Sect.
definitions.
1. Certain terms defined.
GENERAL DUTIES OF COLLECTORS.
2. Collection and payment over of
taxes. Return thereof.
3.
TAX BILL.
Tax bills and notices, dates, etc.
COLLECTION OF POLL TAXES.
4. Assessors may give collector certifi-
cate of poll taxes at any time
after assessment.
5. Collector to collect same.
collector's BOOKS, RECORDS, ACCOUNTS
AND VOUCHERS.
6. Collector to keep tax book.
7. To keep cash books.
8. Collector's books, etc., to belong to
city or town and be open to exam-
ination.
9. Accounts, records, etc., of collectors,
deposit with city or town clerk,
when.
10. [Repealed.]
11. [Repealed.]
12. Clerk or assessor to demand any
books, etc., that should be in his
custody.
BOND OF COLLECTOR.
13. Collector to give bond, etc.
SPECIAL COLLECTOR.
14. Appointment, when. Bond.
15.
FEES.
Fees of collector.
PBOCEEDINGS PRIOR TO SALE,
ARREST.
DI.STRESS OR
16.
17.
18.
19.
20.
21.
22.
Demand.
Collection of unpaid taxes, etc.,
when made.
Summons.
Special warrant of assessors for dis-
tress or imprisonment without de-
mand.
Person claiming abatement to ex-
hibit certificate, etc.
Error in name not to prevent col-
lection of tax.
Partial payment of tax.
Sect.
certificate of taxes and other assess-
ments on real estate.
23. Certain collectors to furnish state-
ments of all liens. Fee, etc.
24.
25.
26.
27.
28.
COLLECTION BY DISTRESS.
Distress and sale of personal estate
for taxes. Property included.
Exemptions.
Detention, notice, sale.
Adjournment, notice.
Levy of tax on land by distress of
stock or produce.
Collector to account to owner for
any surplus.
COLLECTION BY IMPRISONMENT.
29. Collector may arrest and imprison
in certain cases.
30. Collector to give certificate to
keeper of jail.
31. Proceedings for release of person
imprisoned for non-payment of
tax.
32. Collector liable for tax, etc., after
discharge, in certain cases.
33. Collector may require aid, etc.
34. Warrant to officer. Release after
service of warrant, and re-arrest.
34.\. Release from custody of deUnquent
taxpayer upon furnishing bond.
COLLECTION BY SUIT.
35. Collector may maintain action after
three months.
36. Collection of tax against estate of
deceased, etc.
COLLECTION BY SALE OR TAKING OF LAND.
37. Lien of tax upon real estate, levy by
sale, validity of title.
38. Mortgagee may give notice requir-
ing demand to be made on him.
39. Designation of place at which notice
shall be ser^-cd.
40. Notice to be published before sale.
41. Description in case of change of
local name.
42. Notice to be posted in addition.
43. Conduct of sale, etc.
44. Adjournment.
45. Collector's deed, contents and effect.
46. Reimbursement of purchaser if title
invalid. Procedure.
47. Tax title owner to file statement of
residence, etc.
Chap. 60.]
COLLECTION OF LOCAL TAXES.
715
Sect.
48. Collector to purchase for city or
town if bid insufficient.
49. Sale to be void, and city or town
deemed purchaser, if price not
paid.
50. Dee4 to city or town. Contents,
custody, proceedings for fore-
closure.
51. Sale together of several parcels of
small value, etc.
52. Management and sale of lands, etc.
53. Taking for taxes. Notice.
54. Instrument of taking, form, con-
tents, effect.
55. Fees for taking.
56. Taking in name of one or more of
several owners. To be of whole
estate.
57. Affidavit of collector, etc., to be evi-
dence.
58. Mortgagee may pay tax and add to
debt, when.
59. Mortgagor or mortgagee may pay
tax. To be added to or deducted
from mortgage debt in certain
cases.
60. Payment of taxes by person other
than owner of fee.
COLLECTION OF TAXES SUBSEQUENT TO
SALE OR TAKING.
61. Lien for subsequent taxes to con-
tinue after sale or taking,
ment on foreclosure, etc.
Pay-
REDEMPTION.
62. Redemption of land taken or sold
for taxes.
63. Person paying collector to receive
certificate which releases tax title,
etc.
TAX TITLES.
64. Tax title to be absolute after fore-
closure.
65. Petition for foreclosure of rights of
redemption under tax title.
66. Examination of title, notice, etc.
67. Default.
68. Answer, offer to redeem, finding of
court for redemption.
69. Decree barring redemption, when.
70. Questions of validity of title, how
raised. Decree of court.
71. Jury trial, claim, issues.
72. Report, etc., of ciuestions of law.
73. Costs and fees. Deposit, etc.
74. Notice of filing and disposition of
petition to be recorded.
75. Practice and procedure in general.
76. Petition for redemption in superior
court, time for filing, procedure.
Sect.
77.
Title of city or town after fore-
closure.
Assessment of taxes on land taken
or purchased by city or town.
SALE OF LANDS OP LOW VALUE HELD BY
CITY OR TOWN UNDER TAX TITLES.
79. Sale without foreclosure of lands
taken or purchased by city or
town in certain cases.
SO. Proceedings upon lack of bids, etc.,
at such sale.
81. [Repealed.]
PROCEEDINGS IF TAX TITLE IS DEEMED
INVALID.
82. Collector to notify holder of title
deemed invalid, etc.
83. To record affidavit of notice if title
not released. Effect.
84. Reassessment or collection of taxes
where tax title invalid. Dis-
claimer of title held by city or
town.
84A. Refunds to holders of tax titles judi-
cially adjudged invaUd.
LIEN OF CO-TENANTS.
85. Co-tenant paying tax to have lien
on interest of his co-tenant.
86. Enforcement of lien of co-tenant.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
MISCELLANEOUS PROVISIONS.
By-laws, etc., to direct collector to
sell or take.
Sheriff or deputy to post list and
warrant thirty days before dis-
tress.
Sheriff's fees for collecting.
Treasurer as collector may issue
warrants, etc.
Restraint of foreign corporation or
non-resident from doing business
until tax is paid.
Aldermen or selectmen may author-
ize appointment of deputies.
Money payable by city or town to
person owing taxes to be with-
held, etc.
Mayor and aldermen or selectmen
may require collector to exhibit
accounts and receipts.
Credits and payments to collector.
Aldermen or selectmen may remove
collector in certain cases.
Accounts, records, etc., of collectors,
deposit with assessors, when.
Uncollected tax lists, etc., to be
turned over to successor, etc.
Action to recover back taxes paid,
when maintainable.
716
COLLECTION OF LOCAL TAXES.
[ClIAP. 60.
Sect.
penalties.
99. Penalty on collector for failure to
exhibit accounts or receipts.
100. Penalty on collector, etc., for failure
to turn over accounts, etc.
101. Penalty for failure to give up ac-
counts, etc., on demand.
102. Penalty for failure to pay over
money or exhibit books, etc.
Sect.
103.
104.
Penalty for failure to aid collector
when required.
Penalty for exorbitant charge for
redemption from tax title.
105. Forms.
Certain terms
defined.
1785, 70.
R. S. 8, i
G. S. 12,
1879, 69.
P. .S. 12,
1888, 390,
1892, 168.
1899, 425,
§§1,2.
1900, 290
1901, 108
R. L. 13,
1909, 490,
II, §1.
1918, 57.
1920. 255.
209 Mass. 111.
§7.
l24.
§ 28.
§30.
§35.
150.
1.
DEFINITIONS.
Section 1. Terms used in this chapter shall, unless other meaning is 1
clearly apparent from the conte.xt, or unless inconsistent with the mani- 2
fest intent of the legislature, be construed as follows : 3
"Collector", a person receiving a tax list and a warrant to collect the 4
same. _ _ ^
"Publication", as applied to any notice, advertisement or other in- 6
strument, the publication of which is recjuired by law, shall mean the 7
act of printing it for three successive weeks in a newspaper published in 8
the town, if any, otherwise in the county, where the land or other prop- 9
erty to which the notice or other instrument relates is situated. The 10
last publication shall be made at least one week prior to the date stated 11
for the occurrence of the event to which the publication relates. 12
"Registry of deeds", the registry of deeds for the county or district 13
where the land taxed lies. 14
" Service ", as applied to any notice, summons, demand or other paper, 15
shall, except as otherwise provided in section sixteen, mean delivering 16
it or a copy to the person for whom it is intended, or leaving it or a 17
copy at his last and usual place of abode or of business, or sending it or 18
a copy by mail postpaid addressed to him at his last and usual place 19
of abode or of business or, if such notice, summons or other paper relates 20
to taxes on land, posting it or a copy conspicuously in some convenient 21
and public place and sending a copy by mail postpaid addressed to the 22
person for whom it is intended at the to\Mi where such land lies. Such 23
ser\ice shall be sufficient whether made by the then collector of taxes or 24
by any predecessor. 25
The affidavit of the collector, deputy collector, sheriff, deputy sheriff 26
or constable serving the notice, summons, demand or other paper of the 27
manner of service shall be kept on file in the office of the collector, and 28
shall be prima facie evidence that the same was so served. 29
Collection and
payment over
of taxes.
Return thereof.
R. S. 7, § 34;
8, §§ 1, 33.
G.S. 12, § 1.
P. S. 12, § 1.
1887, 110, §4.
1888, 390,
§§1,6.
1897, 126, § 1.
R. L. 13, § 2.
1909, 490,
II, §2.
1918.257, §41.
1919,5.
1920, 2.
GENER.'i.L DUTIES OF COLLECTORS.
Section 2. Every collector of taxes, constable, sheriff or deputy
sheriff, receiving a tax list and warrant from the assessors, shall collect
the taxes therein set forth, with interest, and pay o\-er said taxes and
interest to the city or town treasurer according to the warrant, and
shall make written return thereof with his tax list and of his doings
thereon at such times as the assessors shall in writing require. He shall
also give to the treasurer an account of all charges and fees collected by
him. He shall, once in each week or oftener, pay over to the treasurer
all money received by him during tlie preceding week or lesser period
on account of taxes and interest, including any sums received as interest
1
2
3
4
5
6
7
8
9
10
Ch.\P. 60.] COLLECTION OF LOCAL TAXES. 717
11 on moneys received bv him on account of taxes and interest and depos- i92i, 124
12 ited m any bank.
1931,287. 112 Mass. 75. 250 Mass. 559.
7 Gray, 128. 159 Mass. 138. 251 Mass. 440.
102 Mass. 72.
(Penalty, § 102.]
T.\X BILL.
1 Section 3. Tiie collector shall forthwith, after receiving a tax list and Jnl notfces,
2 warrant, send notice to each person assessed, resident or non-resident, of fl^y^'gj'g'
3 the amount of his tax; if mailed, it shall be postpaid and directed to the p s.'i2, '§ 2/
4 town where the assessed person resided on April first of the year in which issg! 334! § 1!
5 the tax was assessed, and, if he resides in a city, it shall, if possible, be 1909,' 446. §2;
6 directed to the street and number of his residence. If he is assessed for a igii'i'gs.'^j 2.
7 poll tax only, the notice shall be sent on or before September second of .^^g^'/i^' ^^•
S the year in which the tax is assessed. An omission to send the notice shall j?? jjj''^*- i?^-
9 not affect the validity either of a tax or of the proceedings for its collection. .^^^ ^^^ '^^^^
10 All tax bills or notices issued pursuant to this section shall be dated April pft.-utes, and
11 first of the year to which the tax relates. The tax notice and bill shall charges, see
12 state that all checks, drafts or money orders shall be made payable to or ^^ '
13 to the order of the city, town or district and not to or to the order of any
14 officer, board or commission.
collection of poll TAXES.
1 Section 4. A board of assessors, from time to time in any year after Assessors may
2 their preparation of the whole or any part of the lists of male persons Snificate oT
3 liable to be assessed a poll tax as provided in section four of chapter fifty- l^y timfatter
4 one, may and, on written request from the collector of taxes, shall assess jg'^f ""gV*^'"
5 the poll taxes of all persons whose names are contamed in .said lists and || !• |- '
6 deliver to the collector tax lists containing the names and addresses of all § 42.'
- 1Q19 5' 321
7 persons so assessed, and the number of polls assessed to each with the §"§ i.'a.'
8 amount of the respective taxes thereon. The assessors shall also deliver ^®"°' ^'
9 to the collector their warrants in the customary form for the collection
10 forthwith of all taxes contained in said lists; but no such list or warrant
11 shall be issued to any collector until, conformably to law, he has given
12 bond and has otherwise ciualified himself for the performance of his duties.
13 Poll taxes so committed to the collector shall be subject to the laws relat-
14 ing to poll taxes committed by warrant under section fifty-three of chap-
15 ter fifty-nine.
1 Section 5. A collector of taxes receiving from the assessors a list Collector to
2 and warrant under the preceding section shall forthwith proceed to col- 1913, 079,
3 lect the poll taxes from the persons entered on such fist. All laws re- 1918,257, §42.
4 lating to the collection of taxes, to the duties and powers of collectors, \l^2-i.'^^^'
5 to money collected as taxes, mterest, charges and fees, to the accounting i^^"' ^■
6 for and turning over of money so collected, and to the crediting thereof
7 to the collector, shall apply to the collection of poll taxes from the persons
8 whose names appear on such lists.
collector's books, records, accounts and vouchers.
1 Section 6. The collector shall make and keep in the book contain- collector to
2 ing the tax list committed to him, against the name of every person i8S7,*iro!"§°2r
3 assessed for a tax, entries showing the disposition thereof, whether re- }|||; ^34; 1 1;
4 assessed, abated or paid, and the date of such disposition.
R. L. 13, 5 4. 1909, 490, II, § 4.
718
COLLECTION OP LOCAL TAXES.
[Chap. 60.
To keep
cash books.
1887. 110, 5 1.
1888. 390, § 4.
R. L. 13, § 5.
1909, 490,
II, §5.
1918, 48.
Section 7. He shall also keep a cash book, in which he shall enter
all sums paid to hiin, as received, specifying the total amount of tax.
abatements allowed, all interest charged, the total amount received and
the date of receipt, the date and amount of every payment and disburse-
ment made by him, and to whom paid, with such other matters as the
town requires.
Collector's
books, etc., to
belong to city
or town and
be open to
examination.
1887, 110, § 3.
1888, 390, 5 5.
1897, 126, 5 2.
R. L. 13, § 6.
1909, 490,
II, § 6.
1918, 257, § 43.
1919, 5.
1920, 2.
1926, 65, § 4.
(Penalty, § 102.)
Section 8. All books kept by the collector, which shall be approved 1
as to form by the commissioner, shall be furnished by, and be the property 2
of, the town, and shall be at all reasonable times open to examination by 3
the auditor of such town or any other agent thereof duly authorized 4
therefor. The collector shall, on demand by the mayor, aldermen or 5
selectmen, exhibit to them or to any persons whom they designate, at 6
any time during ordinary business hours, the books, accounts and vouch- 7
ers relating to taxes committed to him for collection and to his receipts 8
and payments on account of taxes; and they, or the persons designated 9
by them, shall have full opportunity to examine said books, accounts and 10
vouchers, and to make copies and extracts therefrom. 11
Accounts,
records, etc.,
of collectors,
deposit with
city or town
clerk, when.
1892, 370,
«1, 4.
R. L. 13, § 7.
1909, 490,
II, §7.
1923, 128, ! 1.
Section 9. When all the taxes which have been committed to a
collector have been collected or abated, or, in any event, at the end of
three years from the date of their commitment to him, he shall deposit
with the clerk of the town where he held such office all his accounts,
records and papers, including his warrant, which relate to the assessment
and collection of such taxes, if not required by section ninety-seven to
deposit them sooner with the assessors of such town.
[Penalty, § 100.]
Section 10. [Repealed, 1923, 128, § 2.]
Section 11. [Repealed, 1923, 128, § 2.]
Clerk or
assessor to
demand any
hooks, etc.,
that should be
in his custody.
1892, 370, § 6.
Section 12. A town clerk or an assessor, having knowledge of any
accounts, records or papers relating to taxes in his town which should
be in his custody, shall demand them of any person having them, who
shall forthwith deliver them to him.
H. L. 13, S 10. 1909. 490, II, § 10. 1923, 128, 5 3.
[Penalties, §§ 100, 101.)
Collector to
give bond, etc.
R. S. 15, § 80.
G. S. 18, 5 72.
P. S. 27, 5 124.
1893, 423, § 18.
R. L. 25, § 77.
1916, 131, § 1.
1926, 65, § 2.
9 Met. 499.
2 Gray, 298.
BOND OF collector.
Section 13. The collector shall, before the commitment to him of
any taxes of any year, give bond for the faithful performance of his
duties in a form approved by the commissioner and in such sum, not
less than the amount established by the commissioner, as shall be fi.xed
by the selectmen or mayor and aldermen. A copy of each such bond
shall be delivered to the commissioner.
8 Gray, 613.
146 Mass. 476.
156 Mass. 403.
185 Mass. 582.
250 Mass. 559.
259 Mass. 310.
4 Op. A. G. 445, 540.
Appointment,
when. Bond.
1910, 272,
§§ 1,2.
1916, 131, 5 2.
SPECIAL collector.
Section 14. In towns, not cities, if, at the expiration of three years
from the date of the commitment of tax lists and warrant to a collector
of taxes, any taxes remain uncollected and recovery cannot be made upon
the bond of the collector of the amount of such uncollected taxes, the
CUAP. 60.] COLLECTION OF LOCAL T.VXES. 719
5 selectmen shall appoint the collector of taxes for the current year or some
6 other person as special collector thereof. He shall furnish a satisfactory
7 bond for the faitMul performance of his duties, in such sum as the select-
8 men require, in a form to be approved by the commissioner.
FEES.
1 Section 15. The collector shall, unless removed from office or unless Fees of
2 his tax list has been transferred to his successor, complete the collection itss!™,' § s.
3 of the taxes committed to him, notwithstanding the expiration of the a 1: 12.^^2.
4 term of office for which he was elected or appointed. Tlie following 'Its', ael', 1 13.
5 charges and fees, and no other, when accrued, shall severally be added p^'g^'/l^- ^^•
6 to the amount of the tax and collected as a part thereof: — §§3. se! 47.
7 1. For the written demands provided for by law, thirty-five cents; §§7,' 29, 41,55.
8 2. For preparing advertisement of sale, fifty cents for each parcel of is9o! 331! § 2.
9 real estate included in the advertisement; r*' l! ilf'^^s.
10 3. For advertisement of sale in newspapers, the cost thereof ; issogim
11 4. For posting notices of sale, fifty cents for each parcel of real estate J^'J ^^^j^^^-
12 or lot of goods included in the notice; §§22,26.'
13 5. For affidavit, twenty-five cents for each parcel of land included §§45,58.'
1 A J.U ■ > ^ r- 1919,5.
14 the rem; 1020, 2.
15 6. For recording affidavit, one dollar for each parcel of land included loo M^^gg 70
16 therein; 255Mas3:3io.
17 7. For preparing deed, two dollars;
IS 8. For each hour's time, or part thereof, actually expended in selling
19 as certified by him under section fifty-one, two dollars;
20 9. For a warrant to distrain or arrest, fifty cents;
21 10. For distraining goods, one dollar and the cost thereof;
22 11. For notice of warrant if collection is made without service or
23 arrest, one dollar;
24 12. For selling goods distrained, the cost thereof;
25 13. For arresting the body, two dollars and travel at the rate of eight
26 cents per mile from the office of the collector to the place where the
27 arrest is made, but in no event more than five dollars;
28 14. For custody of the body arrested, four dollars;
29 15. For service of demand and notice under section fifty-three, if
30 served in the manner required by law for the service of subpoenas on
31 witnesses in civil cases, fifty cents and travel at the rate of eight cents
32 per mile from the office of the collector to the place where service is
33 made, but in no event more than five dollars.
34 The collector shall account to the town treasurer for all charges and
35 fees collected by him; but the town shall reimburse or credit him for
36 all expenses incurred by him hereunder, including all lawful charges
37 and fees paid or credited by him for collecting taxes.
PROCEEDINGS PRIOR TO SALE, DISTRESS OR ARREST.
1 Section 16. The collector shall, before selling the land of a resident. Demand.
2 or non-resident, or distraining the goods of any person, or arresting him r. s.' s, '§ a. '
3 for his tax, serve on him a statement of the amount thereof with a de- p s. 12,' § 4.'
4 mand for its payment. If the heirs of a deceased person, co-partners or Jg^g' 3I4; 1 1;
5 two or more persons are jointly assessed, service need be made on only fgog; 446,^^2';
6 one of them. Such demand for the tax upon land may be made upon the ^^°^"j'g| ^^
7 person occupying the same on April first of the year in which the tax is lois! 57. '
720
185 Mass. 137.
209 Mass. 111.
225 Mass. 215.
228 Mass. 441.
[See Form 1 at
end of chapter.]
■ COLLECTION OF LOCAL TAXES.
[Chap. 60.
assessed. No demand need be made on a mortgagee, unless he has given 8
notice under section thirty-eight, in which case no demand need be made 9
on the owner or occupant. Demand shall be made by the collector by 10
mailing the same to the last or usual place of business or abode, or to 11
the address best known to him, and failure to receive the same shall not 12
invalidate a tax or any proceedings for the enforcement or collection of 13
the same. 1"^
Collection of
unpaid taxes,
etc., when
made.
1913. 688, I 4.
1914, 625.
1923, 128, § 4.
Section 17. If any tax, betterment or special assessment remains
unpaid fourteen days after demand therefor, the collector, in the case of
any tax, betterment or special assessment upon real estate, within one
year from October first in the year of assessment, and, in case of any
other tax, within two years from said October first, shall collect the
tax, together with all incidental charges and fees, in the manner pro-
vided by law.
1
2
3
4
5
6
7
Summons.
1888, 390, § 28.
1889, 334, § 8.
1890, 331, § 1.
R. L. 13, § 15.
1909, 490,
II, § 15.
Section 18. The collector may, before making a demand for the
payment of a tax due from any person, serve a summons on him, stating
therein the amount due and that unless the same, with twenty cents
more for the summons, is paid within ten days, he will proceed to collect
it according to law.
[See Form 2 at end of chapter.]
Special war
rant of asses-
„H^.— "- Section 19. If the assessors are of opinion that the credit of a per-
sons for "Sress son taxed is doubtful or that he is about to leave the commonwealth,
or imprison- ^^^^^ ^^^^ ^^^ ^ spccial Warrant, direct the collector forthwith, without
demand or notice, to compel payment by distress or imprisonment,
whether the tax is payable immediately or at a future day, by instal-
ments or otherwise.
ment without
demand.
1785, 70, § 2.
1815, 130, § 3
R. S. 8, § 12.
G. S. 12, M.
1874, 238.
P. S. 12, § 5.
1888, 390, § 9.
R. L. 13. § 16.
1909, 490, II, § 16.
1
2
3
4
5
6
Section 20. If a person claims the benefit of an abatement, he shall
exhibit to the collector demanding his taxes the certificate of such abate-
ment authorized by section seventy of chapter fifty-nine; and he shall
be luable for all costs and officers' fees incurred before exhibiting such
39o! 5 10. certificate.
R. L. 13, § 17.
Person
claiming
abatement to
exhibit cer-
tificate, etc.
R. S. 8, §4.
G. S. 12, § 5,
P. S.
1888
1909, 490, 11, § 17.
Error in name
not to prevent
collection of
tax.
R. S. 8. § 5.
G. S. 12, § 6.
P. S. 12, § 7.
Section 21. If, in the assessors' lists or in their warrant and list
committed to the collector, there is an error in the name of a person taxed,
the tax assessed to him may be collected of the person intended to be
assessed, if he is taxable and can be identified by the assessors.
1888, 390, § 11.
R. L. 13, 5 18.
1909, 490, II, § IS.
6 Met. 470.
7 Gray, 125.
97 Mass. 321.
127 Mass. 502.
Partial pay-
ment of tax.
1899, 394.
8§1, 2, 4.
R, L. 13, § 19.
1909. 490,
n, § 19.
1913, 599, § 2.
1916, 20.
Op. A. G.
(1920) 235.
Section 22. After the delivery of a tax, including assessments for
betterments or other purposes but not including a poll tax, to a collector
for collection, the owner of the estate or person assessed or a person in
behalf of said owner or person may, if the tax or assessments are upon
real estate, at any time up to the date when advertisements may be pre-
piired for the sale of the same, and if it is a personal tax, at any time up
to the date when a warrant or other process may be issued for the en-
forcement and collection thereof, tender to the collector not less than
Chap. 60.] collection of local taxes. 721
9 twenty-five per cent of the tax, which shall be received, receipted for and
10 applied toward the payment of the tax. The acceptance of any partial
11 payment in accordance with this section shall not invalidate any demand
12 made for a tax, prior to the acceptance of such partial payment; pro-
13 vided that the amount stated in the demand was the amount due at the
14 date when the demand was made. If in any court it shall be determined
15 that the tax is more than the amount so paid, judgment shall be entered
16 for such excess and interest upon the amount thereof to the date of the
17 judgment, and on the amount paid to the date of payment, with costs if
18 otherwise recoverable. The part payment authorized by this section
19 shall not afYect a right of tender, lien or other provision of law for the
20 recovery of the amount of such tax, or interest or costs thereon, remaining
21 due, but if the part payment is more than the tax, as finally determined,
22 the excess, without interest, shall be repaid to the person who paid it.
CERTIFICATE OF T.AJXES ANI> OTHER ASSESSMENTS ON REAL ESTATE.
1 Section 23. The collector of taxes for any cit.\', or for any town certain
2 ha\ing more than five thousand inhabitants as determined by the last to fSsh
3 preceding national or state census, shall, on written application by any linlenrVei,
4 person, and within two days thereafter, furnish to any such applicant f^g^_ g^g
5 a written statement of all taxes and other assessments which at the time jsjjs'. 299.
6 constitute liens on the parcel of real estate specified in such application ii.|j§j^2o/ ^^^
7 and are payable on account of such real estate. Such statement shall 259 Mass! 310!
8 be itemized and shall show the amounts then payable on account of
9 all such taxes and assessments so far as such amounts are fixed and
10 ascertained, and if the same are not then ascertainable, it shall so be
11 expressed in the statement. Any town officer or boarfl doing any act
12 towards establishing any such tax, assessment, lien or charge upon any
13 real estate in the town shall transmit a notice of such act to its collector.
14 Such collector shall charge one dollar for each statement so issued, and
15 the money so recei\ed shall be paid into the town treasury.
COLLECTION BY DISTRESS.
1 Section 24. If a person refuses or neglects to pay his tax for four- Distress and
2 teen days after demand, the collector shall without unnecessary delay State for tlTel
3 levy the same by distress or seizure and sale of his goods, except tools or duTed'^ '""
4 implements necessary for his trade or occupation, beasts of the plough fTg^sorfe.
5 necessary for the cultivation of his improved land, military arms, uni- g- 1 s^s^^^
6 forms and equipments, utensils for housekeeping necessary for uphold- p^s.i2,'§8;
7 ing life, and bedding and apparel necessary for himself and family. issv, 4T1, § 71.
1888. 390, § 12. 1906, 504, 5 7. 9 Met. 504.
1890, 425, § 8. 1908, 604, § 106. 7 Gray, 128.
1893, 367, § 71. 1909, 490, II, § 21. 103 Mass. 481.
R. L. 13, § 20; 16, § 85. 1912, 67. 225 Mass. 215.
1905, 465, § 90. 1917, 327, §§ 131, 230. 234 Mass. 279.
1 Section 25. The collector shall keep the goods distrained, at the Detention
2 expense of the owner, for four days at least, and shall, within seven days i7S5,''5a §'6:
3 after the seizure, sell them by public auction for payment of the tax and ™9i^,|2. § 3.
4 charges of keeping and sale, first posting notice of the sale in some public g; | ^j.^^s.
5 place in the town at least forty-eight hours prior thereto.
p. S. 12. § 9.
1888, 390, § 13.
R. L. 13, §21.
1909, 490, II, § 22.
14 Pick. 356.
13 Met. 85.
[See Form 3 at end of chapter.]
11 Cush. 338.
113 Mass. 40.
126 Mass. 97.
722
COLLECTION OF LOCAL TAXES.
[ClL\P. 60.
Adjoxirnment,
notice.
R. S. 8, § 9.
G. S. 12, §9.
P. S. 12, § 10.
Section 26. The collector may once adjourn such sale for not more 1
than three days, and he shall forthwith post a notice of such adjourn- 2
ment at the place of sale. 3
1888, 390, § 14. R. L. 13, § 22. 1909, 490, II, § 23.
[See Form 4 at end of chapter.)
Levy of tax on
land by dis-
tress of stock
or produce.
1785, 70, § 14.
R. S. 8,
§§ 16, 17.
G. S. 12, § 21.
P. S. 12, § 23.
1888, 390, § 27.
R. L. 13, § 24.
1909, 490,
II, § 25.
Section 27. If a person is taxed for land in his occupation, but of
which he is not the owner, the collector, after demand for payment, may
levy the tax by distress and sale of the cattle, sheep, horses, swine or other
stock or produce of such estate, belonging to the owner thereof, which,
within nine months after such assessment has been committed to him,
may be found upon the premises, in the same manner as if such stock or
produce were the property of the person so taxed; but such demand for
payment need not be made if the person on whom the tax is assessed re-
sided within the precinct of the collector at the time of the assessment,
and subsequently removes therefrom and remains absent three months.
1
2
o
.3
4
5
6
7
8
9
10
Collector to
account to
owner for any
surplus.
1785, 70, § 2.
Section 28. The collector shall upon demand give a written account
of every sale on distress or seizure and charges, and pay to the owner
any surplus above the taxes, interest and charges of keeping and sale.
R. S. 8. § 10.
G. S. 12, § 12.
P. S. 12, § 13.
1888, 399, § 17.
R. L. 13, § 25.
1909, 490, II,
26.
Collector may
arrest and
imprison in
certain cases.
1785, 70, § 2.
R. S. 8, § 11.
G. S. 12, § 13.
P. S. 12, § 14.
1888, 390, § 18.
1893, 241.
1901, 408.
R. L. 13, § 26.
collection by imprisonment.
Section 29. If a person refuses or neglects to pay his tax for four-
teen days after demand and the collector cannot find sufficient goods on
which it may be levied, he may take the body of such person and commit
him to jail until he pays the tax and charges of commitment and im-
prisonment, or is discharged according to law; but a person committed
for non-payment of a poll tax shall not be detained in jail more than
seven davs.
1909, 490, II, § 27.
9 Gray, 190. ■
13 Gray, 93.
3 Allen, 5.
102 Mass. 72.
188 Mass. 506.
225 Mass. 215.
Collector to
give certificate
to keeper of
jail.
1785, 70, § U.
R. S. 8, § 13.
G. S. 12, § 14.
P. S. 12, § 15.
1888, 390, § 19,
1889, 334, 5 5.
R. L. 13, § 27.
Section .30. A collector who commits a person to jail shall give to
the keeper thereof a certificate signed by him, stating that he has com-
mitted the person for non-payment of his tax for fourteen days after
demand therefor, and for want of goods and chattels whereof to make
distress, and setting forth the amount said person shall pay for said tax,
interest, charges and fees.
1909, 490, II, § 28.
[See Form 5 at end of chapter.]
Proceedings
for release of
person im-
prisoned for
non-payment
of tax.
1790, 42,
§§ 1-4.
R. S. 8,
49.
1857, 141, § 24.
G. S. 12, § 15.
P. S. 12, § IB.
1888, 390, § 20.
R. L. 13, § 28.
1909, 490, II,
§29.
1927, 334, 5 5.
i48,
Section 31. On request of a person committed to jail for non-pay-
ment of a tax, the jailer shall forthwith inform a court having authority
to examine debtors under supplementary proceedings that the debtor
desires to be examined relative to his property and ability to pay. The
court shall thereupon appoint a time and place for the examination of
the debtor, and siiall direct the jailer to cause the debtor to be present
at the examination. The notice required by chapter two hundred and
twenty-four to be given to the creditor may be given to any one of the
assessors or to the collector of the town where the tax was assessed, any
of whom may appear at the examination and do all other things which 10
ClIAP. 60.] COLLECTION OF LOCAL TAXES. 723
11 a creditor might do upon such supplementary proceedings. If a debtor
12 is unable to. pay such ta.\, he may be discharged in the manner provided
13 under such proceedings.
1 Section 32. The collector shall be liable for the tax and the charges Co'^'^ctor ^
2 of imprisonment of a person discharged, unless he arrested and com- cTc', "after ^^'
3 mitted such person within two years after the tax was committed to certaTn rases.
4 him for collection, or imless he shall be exonerated therefrom by the l^^'.'-'s.'lf'j^sg;
5 town to which the tax is due.
G. S. 12. § 16. R. L. 13, § 29. 1928, 12.
P a 12, § 17. 1909, 490, II, § 30. 3 Met. 152.
1888, 390, § 21.
1 Section 33. A collector who is resisted or impeded in the exercise of fequ'ire°aid;''''
2 the duties of his office may require any suitable person to aid him. ="=•
1782 fil, 5 1. G. S. 12, § 17. R. L. 13, § 30.
1785 70: \ 9. P. S. 12, § 18. 1909, 490, II, § 31.
R. S. 8, § 6. 1888, 390, § 22.
[Penalty, k 103.)
1 Section 3-1. If a tax assessed upon a person remains unpaid for four- "^^^^rjant to
2 teen days after demand therefor, the collector may issue his warrant to Reiea'se after
3 the sheriff or his deputies of the county, or the deputy collector of taxes warrant?
4 or a constable of the town, wherein the person assessed has his usual \~i-;^iS'l%\
5 place of abode or of business, directing them and each of them to distrain R; J- 1^§ i*-
6 the property or take the body of the person assessed and to proceed as p |'j|' 1 1|
7 required of collectors in like cases; but a collector of taxes who issues a isss, 390, § 2z.
8 warrant for the arrest of a person for non-payment of taxes, or the r. l. 13, § 31.
9 officer to whom he commits the warrant, may at his discretion, after {909; 495,^1;
10 the service of the warrant, allow such person to go free for a period \iyi2ZT.
11 not exceeding fourteen days after said service, at which time, if said JU^^'J^j^i.
12 person does not pay his tax with all fees and charges due thereon, in- i\Gray,^427.
13 eluding the fee for service of said warrant and travel as provided by sec- 99^Mass.^472^
14 tion fifteen, said officer shall then arrest the said person on the aforesaid 241 Mass: oe. '
15 warrant, and commit him to the jail of the county where he makes the ^^ej_Forms^6^
16 arrest. The warrant shall run throughout the commonwealth, and any JLpte^r.f"
17 officer to whom it is directed as aforesaid may serve it and apprehend
18 the person in any county. A warrant issued under this section may be
19 signed by the collector or his deputy; and, if the warrant is sealed by
20 an impression seal, a facsimile of the signature of the collector shall have
21 the same validity as his written signature.
1 Section 34A. A person- shall not be committed to jail for the non- Release from
2 payment of a tax, nor shall a person so committed be further detained delinquent
3 therein, if he gi\-es to the collector or to the officer charged with the fj^Sng"*"""
4 service of the collector's w-arrant a bond running to the collector suffi- i93i%09, 12.
5 cient in amount to cover the amount of the tax and all interest and other
6 charges and fees which are or may become due thereon, conditioned to
7 pay the same to the collector or officer within thirty days thereafter or
8 within such further time as the collector or officer may fix, and with
9 such surety or sureties as the collector or officer or a master in chancery
10 may approve. A person shall not be committed for such non-payment
11 until he has been given a reasonable time to procure such a bond.
724
COLLECTION OF LOCAL TAXES.
[Chap. 60.
COLLECTION BY SUIT.
Coiiectprmay SECTION 35. If a tax remains unpaid for three months after com- 1
^hr'^momhs "litment to the collector, he may mamtam an action m his own name 2
1789, 4. against the person assessed therefor in the same manner as for his own 3
debt. 4
R. S. 8, § 15.
1859, 171.
G. S. 12, I 19.
P. S. 12, § 20.
1888, 390, § 24.
1889, 334, 5 7.
R. L. 13, § 32.
1909, 490, II, § 33.
8 Met. 393.
121 Mass. 222.
15.5 Mass. 400.
179 Mass. 486.
189 Mass. 104.
198 Mass. 434.
201 Mass. 190.
225 Mass. 215.
234 Mass. 279.
240 Mass. 557.
241 Mass. 96.
254 Mass. 516.
189 U. S. 255.
Collection of
tax against
estate of
deceased, etc.
1848, 235.
1852, 234.
G. S. 12. § 20.
P. S. 12, §21.
1888, 390,
§2,5.
R. L. 13, § 33.
Section 36. If a person assessed for a tax dies or becomes insolvent
before the pa;yTnent thereof, or if a tax is assessed upon the estate of a
deceased person, the executor, administrator or assignee shall, if a de-
mand has been made on him therefor, forthwith on receipt of any money
applicable to the payment of the tax, pay the same, and in default
shall be personally liable therefor as for his owti tax.
1909, 490, II, § 34. 194 Mass. 77. 219 Mass. 520.
97 Mass. 321. 201 Mass. 190. 241 .Mass. 96.
149 Mass. 62. 203 Mass. 576. Op. A. G. (1919) 123.
COLLECTION BY SALE OR TAKING OF LAND.
Lien of tax
upon real
estate, levy
by sale,
validity of
title.
1830. 151, § 9.
R. S. 8, § 18-
1856, 239, 5 1.
1859, 118,
§U, 2.
G. S. 12,
§§22,23.
1878, 266, § 14.
1881, 304, § 4.
P. S. 12. §§24,
25.
1888, 390,
§§30,31.
1889, 334,
R. L. 13,
1909, 440,
490, II,
§9.
I 35.
§2;
i30.
1914, 198, §2.
1918, 257, § 46.
1919, 5.
1920, 2.
13 Pick. 492.
2 Gray, 185.
99 Mass. 29.
106 Mass. 29.
110 Mass. 387.
114 Mass. 3.58.
119 Mass. 294.
120 Mass. 297.
124 Mass. 342.
129 Mass. 377.
137 Mass. 407,
444.
Section 37. Taxes assessed upon land, including those assessed
under sections twelve, thirteen and fourteen of chapter fifty-nine, shall
with all incidental charges and fees be a lien thereon from April first in
the year of assessment. Such lien shall terminate at the expiration of
two years from October first in said year, if the estate has in the mean- 5
time been alienated and the instrument alienating the same has been 6
recorded, otherwise it shall continue until a recorded alienation thereof; 7
but if while such lien is in force a tax sale or taking has been made, and 8
the deed or instrument of taking has been duly recorded within thirty 9
days, but the sale or taking is invalid by reason of any error or irregular- 10
ity in the proceedings subsequent to the assessment, the lien shall con- 1 1
tiiiue for ninety days after a release, notice or disclaimer, under sec- 12
tions eighty-two to eighty-four, inclusive, has been duly recorded, or for 13
ninety days after the sale or taking has been finally adjudged invalid by 14
a court of competent jurisdiction. There shall be no lien for taxes re- 15
assessed if the property is alienated before the reassessment. Said 16
taxes, if unpaid for fourteen days after demand therefor, may, with said 17
charges and fees, be levied by sale of the real estate, if the lien thereon IS
has not terminated. No tax title shall be held to be invalid by reason 19
of any errors or irregularities in the proceedings of the collector which 20
are neither substantial nor misleading. 21
142 Mass. 576.
148 Mass. 508.
149 Mass. 106.
154 Mass. 208.
178 Mass. 464.
185 Mass. .398.
189 Mass. 182.
213 Mass. 239.
[See Form 8 at end of chapter.!
225 Mass. 399.
248 Mass. 569.
267 Mass. 17.
4 Op. A. G. 547.
Mortgagee SECTION 38. If a mortgagee of land situated in the place of his resi-
mftk-f requiring deiicc, bcforc September first of the year in which the tax is assessed,
' •"'-'- ^\y^,^ written notice to the collector that he holds a mortgage on land,
w ith a description of the land, the demand for payment shall be made on
the mortgagee instead of the mortgagor.
1889, 334, § 10. R. L. 13. § 36. 1909, 490, II, § 37.
demand to be
made on biin.
1848, 166, § 1.
G. S. 12, § 24.
P. S. 12, § 26.
1888, 390, § 32.
ClIAP. GO.] COLLECTION OF LOCAL T,\XES. 725
1 Section 39. If a mortgagee or an owner of land causes a notice, Designation of
2 designating a place in the town where such land lies at which all papers n(fJce''shai'i'be.
3 relative to taxes on such land which are to be served on him may be noXes, 1 1.
4 left, to be recorded in January of any year in the office of the clerk of such ?, '^^ ^' 55 20,
5 town and, during said month, to be delivered to the collector thereof, 1,8^8. jee § 2
6 the collector shall serve at such place any notice, summons, demand for 20. '
7 payment or other paper relating to the taxes on such land which is to be 28.
8 served by him. The collector shall not advertise the sale of such land §§^33,^34.'
9 for two months after the time of a demand so made.
1889,334, §11. 1899, 425, § L R. L. 13, § 37. 1909, 490, II, § 38.
1 Section 40. The collector shall give notice by publication of the Notice to be
2 time and place of sale of land for non-payment of taxes. Such notice Eefwe'Sie.
3 shall contain a substantially accurate description of the several rights, it*|.'|°§|24,
4 lots or divisions of the land to be sold, which shall be furnished to the ^s^^ jgg ^
5 collector by the assessors upon demand of the collector, the amount of the g. s.' 12. '§§ 28,
6 tax assessed on each, and the names of all owners known to the collector, p. s. 12, §§ 30,
7 Such notice of the sale of the undivided real estate of a deceased person isss, 390,
8 assessed to his heirs or devisees or assessed in general terms to his estate l^ L^'1'3% 38.
9 shall contain the names of all the heirs or devisees interested in such real |R^|' •*^°' ^^^
10 estate, if the probate records of the county where the land lies disclose i-J'S; 255-
11 their identity.
4 Cush. 260. 135 Mass. 314. 197 Mass. 565.
7 Cush. 503. 136 Mass, 32. 209 Mass. 111.
124 Mass, 65. 148 Mass. 322. 231 Mass. 228.
129 Mass. 559. 180 Mass. 411. Op. A. G. (1917) 47.
[See Form 9 at end of chapter.]
1 Section 41. If land to be sold is situated in a town the name of P'^st'ription
in case oi
2 which has been changed by law within three years preceding the sale, the ftange of
3 collector shall designate such town in his notices of the sale by both its i785, 7o, §7.
4 former and existing name.
R. S. 8, § 26. P. S. 12, § 33. R. L. 13, § 39.
G. S. 12, § 31. 1888, 390, § 38. 1909, 490, II, 5 40.
1 Section 42. The collector shall, three weeks before the sale, post a Notice to be
2 notice similar to that required by section forty in some convenient and additfo^
3 public place.
1/85, 70, § 7. P. S. 12, § 32. R. L. 13, § 40.
R. S. 8, § 27. 1888, 390, § 37. 1909, 490. II, § 41.
1848, 166, § 4. 1889, 334, § 12. 4 Cush. 260.
G. S. 12, 5 30. 1901, 108. 209 Mass. 111.
1 Section 43. If the taxes are not paid, the collector shall, at the time conduct of
2 and place appointed for the sale, sell by public auction, for the amount of ivIs.^'to, § 7.
3 the taxes and interest, if any, and necessary intervening charges, the ^^ %%,
4 smallest undivided part of the land which will bring said amount, or the g.|, 12, |33.
5 whole for said amount, if no person offers to take an undivided part; isss, 390, §40.
6 and may at such sale require of the purchaser an immediate deposit of r l'. 13, § 41.
7 such sura as he considers necessary to insure good faith in payment of n, §'42. '
8 the purchase money, and, on failure of the purchaser to make such deposit iq\1[ l"^' ^ *^'
9 forthwith, the sale shall be void and another sale may be made as pro- J^;!^' 37-, ^ ^
10 vided in this chapter. The word "taxes" as used in this section shall P Gray, 77.
1 .1 • 1 1 11 1 • 1 p I 11 1 •* ■'Mien, 535.
11 include all betterment assessments or portions thereof and all other 124 .Mass. 65.
12 special assessments which constitute a lien upon the land and which have 152 Mass! 203!
13 lawfully been placed upon the annual tax bill. ^ "^^
179 Mass. 74. 197 Mass. 565. 209 Mass. 111.
192 Mass. 278. 200 Mass. 354. 213 Mass. 239.
[See Form 10 at end of chapter.]
726
COLLECTION OF LOCAL TAXES.
[Chap. 60.
Adjournment.
R. S. 8. § 30.
G. S. 12. § 34.
P. S. 12. § 37.
1888. 390. § 42
R. L. 13, §42.
1909, 490, II,
§43.
Section 44. The collector may adjourn the sale from time to time
not exceeding seven days in all, and shall give notice of every adjourn-
ment by a public declaration thereof at the time and place appointed
for the sale.
112 Mass. 535.
Collector's
deed, contents
and effect.
17S5, 70. § 7.
R. S. 8, § 31.
1848, 166. § 5.
G. S. 12, § 35.
P. S. 12, § 38.
1888, 390. § 43,
1901, 197; 519.
R. L. 13, § 43.
1902, 423.
1905, 193.
1909, 490,
II, §44.
1911, 370.
1915, 237,
1918, 257,
1919, 5.
1920, 2.
1931, 356, .,
2 Gray, 1S5,
6 Gray. 551.
6 Allen, 576.
118 Mass. 540.
126 Mass. 278.
127 Mass. 39.
134 Mass. 82.
136 Mass. 32.
142 Mass. 576.
154 Mass. 208.
164 Mass. 33.5.
178 Mass. 465.
180 Mass. 411.
183 Mass. 333.
192 Mass. 278.
199 Mass. 1.
■ 204 Mass. 563.
.il.
§ 49
: 1.
Section 45. The collector shall execute and deliver to the purchaser
a deed of the land, stating the cause of sale, the price for which the land
was sold, the name of the person on whom the demand for the tax was
made, the places where the notices were posted, the name of the news-
paper in which the advertisement of the sale was published, and the resi-
dence of the grantee, and shall contain a warranty that the sale has in
all particulars been conducted according to law. The deed shall convey
the land to the purchaser, subject to the right of redemption. The title
thus conveyed shall, until redemption or until the right of redemption is
foreclosed as hereinafter provided, be held as security for the repayment 10
of the purchase price, with all intervening costs, terms imposed for re- 11
demption and charges, with interest thereon, and the premises conveyed 12
shall also be subject to and have the benefit of all easements and restric- 13
tions lawfully existing in, upon or over said land or appurtenant thereto 14
when so taken. Such deed shall not be valid unless recorded within thirty 15
days after the sale. If so recorded it shall be prima facie evidence of all 16
facts essential to the validity of the title thereby conveyed, whether the 17
deed was executed on or before as well as since July first, nineteen hun- 18
dred and fifteen. No sale hereafter made shall give to the purchaser any 19
right to possession of the land until the expiration of two years after 20
the date of the sale. 21
207 Mass. 412.
209 Mass. 92. 111.
224 Mass. 184. 261.
225 Mass. 110.
228 Mass. 441. 246 Mass. 377.
230 Mass. 580. 256 Mass. 340.
231 Mass. 233. 267 Mass. 17.
237 Mass. 378. 270 Mass. 92.
[See Form 10 at end of chapter.]
Reimbursement
of purchaser if
title invalid.
Procedure.
1862, 183, § 6.
1878, 266, § 1.
P. S. 12. § 39.
1882, 243, § 3.
1888, 390.
§§44, 47.
R. L. 13, § 44.
1909, 259;
490, II, § 45.
1912, 390.
10 Allen, 49.
129 Mass. 559.
131 Mass. 277.
166 Mass. 244.
199 Mass. 1.
207 Mass. 412.
209 Mass. 92,
111.
212 Mass. 296.
227 Mass. 378.
251 Mass. 472.
Section 46. If it subsequently appears that, by reason of an error,
omission or informality in the assessment or the sale, the purchaser has
no claim upon the property sold, he may within six months after the
date of the deed, offer by writing given to the collector to surrender and
discharge his deed or to assign and transfer to the town all his right,
title and interest in the premi.ses, as the collector shall elect. Such offer
shall contain a specific statement of the reason why the holder has no
claim on the land sold, with the evidence on which he relies, and if such
evidence consists of any public record or of facts shown therein, such
ofl"er shall contain a specific reference thereto. Upon such surrender and 10
discharge or assignment and transfer, the town shall pay to the pur- 11
chaser the amount which he paid, with interest at the rate of eight per 12
cent per annum, which payment shall be in full for ail damages for any 13
defects in the proceedings or under the warranty in such deed. No town 14
and no treasurer or collector thereof shall pay or be liable for any amount 15
due under this section unless such statement is filed. 16
Tax title
owner to file
statement of
residence, etc.
1882, 243,
5§1.2.
1888, 390,
§§ 45, 46.
R. L. 13, § 45.
Section 47. Whoever has a title to land under a sale for non-pay- 1
ment of taxes or other assessment and is a resident of the town where 2
such land lies shall file with the treasurer thereof and in the registry of 3
deeds a statement of his residence and place of business, with the street 4
and number, if any. Such person, who is not a resident of such town or 5
Chap. CO.] collection of local t.vxes. 727
6 who removes therefrom, shall appoint an agent residing therein, or in the i909, 490,
7 town where the tax deed is recorded, authorized to release such land. He 204 ^Ia3s. S94.
8 shall also file the statement above required in which he shall also state fH HHl Wl'
9 the name of such agent and his residence and place of business, with the ^^* ^'^''^- 1***-
10 street and number, if any. Whenever a person holding a tax title changes
11 his residence or place of business or agent, he shall file a new certificate.
12 Tender of payment to, and service of process upon, such agent shall be a
13 sufficient tender to, or service upon, the holder of such tax title.
1 Section 48. If at the time and place of sale no person bids for the collector to
2 land offered for sale an amount equal to the tax and charges, and if the cUy orTown if
3 sale has been adjourned one or more times, the collector shall then and isoi^iss"™"*'
4 there make public declaration of the fact; and, if no bid equal to the tax p^- f^
5 and charges is then made, he shall gi\e public notice that he purchases issS' sw, § 48.
6 for the town by which the tax is assessed said land as ofl^ered for sale at 1809, 490,
7 the amount of the tax and the charges and expenses of the levy and sale, lo'is.^a!??, 1 50.
8 Said amount, together with the cost of recording the deed of purchase, I920: 2.
9 shall be allowed him in his settlement with such town, provided he has nlVass' 535
10 caused the deed to be duly recorded within thirty days after the purchase (See Form 11 at
1 1 and to be delivered to the town treasurer. <""' »' chapter.)
1 Section 49. If the purchaser fails to pay the collector within twenty saie to be void,
2 days after the sale the amount bid by him, the sale shall be void, and ?own"ieemed
3 the town shall be deemed to be the purchaser of the land, under the pre- price'^no"paid.
4 ceding section.
1862, 183, 5 3. 1889, 334, § 13. 140 Mass. 578.
P. S. 12, § 41. R. L. 13, § 47. 199 Mass. 1.
1888, 390, S 49. 1909, 490, II. § 48. 204 Mass. 540.
[See Form 12 at end of chapter.]
1 Section 50. If the town becomes the purchaser, the deed to it, in Deed to city
2 addition to the statements required by section forty-five, shall set forth con'trn"s,
3 the fact that no sufficient bid was made at the sale or that the purchaser celd°ngs I'o'r"'
4 failed to pay the amount bid, as the case may be, and shall confer upon ,°g'"|.j'°i8"3'=-
5 such town the rights and duties of an individual purchaser. Every such §§ 2",'4.
6 deed and every instrument of taking described in section fifty-four shall H 42, 43.
7 be in the custody of the town treasurer, and there shall be set up on the Is^lo.^lf.'
8 books of the town, whether kept by the treasurer or otherwise, a separate ^^l\ ilf ■ ^ ^*'
9 account of each parcel of land covered by any such deed or instrument, fJolf'490
10 to which shall be charged the amount stated in the deed or instrument, J^'j^osi^f-i
11 the cost of recording the same, all uncollected taxes assessed to such 1919:5.
12 parcel for any year subsequent to that for the taxes for which such parcel 1927] 126, § 2.
13 was purchased or taken, with all legal costs and charges, until redemption HI lull] 295.
14 or foreclosure. The town treasurer, at the expiration of two years from 26? Mass! if"'
15 the date of any such purchase or taking, shall institute proceedings for
16 foreclosure.
[See Forms 11 and 12 at end of chapter.]
1 Section 51. If unimproved and unoccupied land does not exceed s^ie together
npi 1 p • 'i-i-i several
2 four thousand square feet in area, or is laid out in lots or parcels no one parcels of
3 of which exceeds such area, and the taxes unpaid for any one year do not i894, 537, '
4 exceed fifty cents on such land, or on any such lot or parcel thereof, the r. il^a,
5 collector may give notice of the sale by publication of an advertisement i909%^40,
6 stating the name of the owner of record of each lot on April first of the n^'4 M-52.
7 year of assessment, the tax due thereon and the number of such lot on a J^JI' ^?^f | f^
8 street, way or plan, without further description thereof. The collector 209 Mass! in.'
728
COLLECTION OF LOCAL TAXES.
[Chap. 60.
may con\ey in one deed to the same purchaser or convey to the town 9
any nmnber of the lots so advertised and sold, and said deed shall state 10
the name of said owner of record of each lot conveyed therein, on April 11
first of said year, the amount of the taxes and costs due for each lot, and 12
the number on the street, way or plan of each lot respectively, and need 13
contain no further description of the lot, owner or amount due. The cost 14
of the sale shall be apportioned equally among all the lots sold, and the 15
cost of the deed shall be apportioned equally among all the lots conveyed 16
thereby. 1"
Management
and sale of
lands, etc.
1862, 183,
§§2.4.
Section 52. Cities and towns may make regulations for the posses- 1
sion, management and sale of such land and for the assignment of tax 2
titles, not inconsistent with law or with the right of redemption. 3
p. S. 12, § 43.
1888, 390, 5 51.
1889, 334, § 14.
R. L. 13, § 52.
1909, 490. II. § 53.
1918, 257, § 51.
1919, 5.
1920, 2.
1927, 126, 5 3.
texe's"^ Notice Section 53. If a tax on land is not paid within fourteen days after
1878,' 266, § 5.' dcmaud therefor and remains unpaid at the date of taking, the collector
PS.' 12, §44.'^ niay take such land for the town, first giving three weeks' notice of his
r.*l! i3°'§ Vs^' intention to exercise such power of taking, which notice may be served in
ii,"§'5*4^''' the manner required by law for the service of subpoenas on witnesses in
228 Mass. 441. ^j^,|| ^^^^^ ^^ ^^^^^^ j^g published, and shall conform to the requirements of
section forty. He may also post a similar notice under section forty-two.
[See Form 13 at end of chapter.]
Instrument of
taking, form,
contents,
effect.
1878, 266, § 5.
P. S. 12, § 46.
1888, 390, § 54.
1892, 109, § 2.
R. L. 13. § 54.
1909, 490,
II, §55.
1915, 2.37, § 2.
1925, 241, § 4.
1931, 356, § 2.
191 Mass. 576.
ISee Form 14 at
end of chapter.)
Section 54. The instrument of taking shall be under the hand and
seal of the collector and shall contain a statement of the cause of taking,
a substantially accurate description of each parcel of land taken, the
name of the person to whom the same was assessed, the amount of the
tax thereon, and the incidental expenses and costs to the date of taking.
Such an instrument of taking shall not be valid unless recorded within
thirty days of the date of taking. If so recorded it shall be prima facie
evidence of all facts essential to the validity of the title so taken, whether 8
the taking was made on or before as well as since July first, nineteen 9
hundred and fifteen. Title to the land so taken shall thereupon vest in 10
the town, subject to the right of redemption. Such title shall, until 11
redemption or until the right of redemption is foreclosed as hereinafter 12
provided, be held as security for the repayment of said taxes with all 13
intervening costs, terms of redemption and charges, with interest thereon. 14
r878,'266,''u3: Section 55. If land has been so taken there shall be allowed to the
fssl'igV fss collector and added to the tax the charges and fees fixed by section
RqL'. i3^'§ 55. ■ fifteen, and also the cost of recording the instrument of taking, provided
II, §56. ' he has caused such instrument to be duly recorded within thirty days
1927, 126, 4. ^^^^^ ^^^ taking and to be delivered to the town treasurer.
Jf^one «"mSrT Section 56. The assessment, sale or taking may be made in the
olnTrfro name of one or more of the record owners at the date of assessment, and
Eate*''"'' if so made, shall, subject to section forty-three, be deemed to be in the
iM^.^m, 5 4. name of the owner thereof. Every such sale or taking shall be of the
fssl, 390? §56. whole estate and not of the undivided interest of any joint owner thereof.
175 Mass. 355. 183 Maes. 303.
R. L. 13, § .56.
1909, 490, II, § 57.
180 Mass. 65.
213 Mass. 239.
Chap. 60.] collection of local taxes. 729
1 Section 57. The affidavit of the collector, deputy collector or dis- Affidavit of
2 interested person reciting the proceedings required by law in the sale tobecwdlnce.
3 of land for taxes, with copies of the advertisement and notices annexed R.''|;|f'
4 thereto, recorded within three months after such sale in the registry of ^ |-'j|^-
5 deeds, shall be competent evidence of demand, notice and service. §§27,32.
1878, 2C6, § 5. 1892. 109, § 1. 1909. 490, II, § 58.
P. S. 12. §§34. 45. R. L. 13, § 57. 152 Mass. 203.
1888, 390, §§ 39, 53.
[See Forma 15-18 at end of chapter.]
1 Section 58. If proceedings have been commenced for the taking or Mortgagee
2 sale of land for a tax assessed thereon,, or if the owner of land has neg- TnlSuo^
3 lected to pay such tax within the year for which it is assessed, the f^^^; ^3^9""^ 2,
4 holder of a mortgage thereon may pay such tax, charges and ex-penses "gyl; zlb.S^ u.
5 to the collector; and the amount so paid may be added to the mortgage fggl 5i9o^ § lo
6 debt.
R L 13, § 62. 1919, 5. 131 Mass. 277.
1909, 490, II, § 63. 1920. 2. 170 Mass. 551.
1918,257, §54. l;!9 Mass. 289. 206 Mass. 377.
[See Form 21 at end of chapter.]
1 Section 59. If a tax on land is assessed to a mortgagor and mort- Mortgagor or
2 gagce separately, any part thereof remaining unpaid on January first pa°y tTx'^'^'^TS''^
3 following its assessment may be paid by either party. If a mortgagee dedut!ed f?om
4 pays a tax, interest or costs thereon which by law or Ijy the terms of the .""ceftam clseV
5 mortgage was payable by the mortgagor, the amount so paid shall be p^^g'fa.^jH;
6 added to the mortgage debt. If it is by law or by the terms of the mort- isss. 3|o,^§^63.
7 gage payable by the mortgagee, and is paid by the mortgagor, the 1909; 496,
8 amount so paid shall be deducted from the mortgage debt unless the '
9 parties have, in writing, otherwise agreed.
1 Section 60. If a person other than the owner of the fee rightfully Payment of
2 pays the taxes assessed on land to the collector or treasurer, before a othS than*""""
3 taking or sale, the collector or treasurer shall give him a certificate of TsbiHizg,"^'
4 such payment stating the name of the person to whom the land is taxed, ^ I'^o, § 41.
5 of the person paying the tax, and a substantially accurate description of g'i 14*57
6 the land. Such certificate being recorded in the registry of deeds within i,?8|^^|;^'g5
7 thirty days from its date shall be notice to all persons of such payment r. l.'i3,'§65.
8 and of the lien therefor. A person whose tax is paid by another shall li, ^66. '
9 upon repaying the same have the same right to reco\-er it from the towTi,
10 if illegally assessed, which he would have had if the tax had been paid by
11 him under written protest.
208 MasB. 377.
Lien for sub-
sequent taxes
COLLECTION OF TAXES SUBSEQUENT TO SALE OR TAKING.
1 Section 61. Whenever a town shall have purchased or taken real
2 estate for payment of taxes the lien of the town on such real estate for *?,™"'^',""°
3 all taxes assessed subsequentlv to the assessment for pavment of which or taking.
1 "i 111 • 1 * 1 II 1 Payment on
4 the estate M-as purchased or taken shall contmue, and it shall be unneces- foreclosure,
5 sary for the town to take or sell said real estate for non-payment of said fgw, 263.
6 subsequent taxes, costs and interest; and on either redemption from, or ^^'' ^"^^^
7 foreclosure of, the right of redemption under such taking or purchase,
8 said subsequent taxes, costs and interest shall be paid to the town, and
9 the payment shall be made a part of the terms of redemption.
730
COLLECTION OF LOCAL TAXES.
[Chap. GO.
Redemption of
land taken or
sold for taxes.
1785, 70, § 7.
R. S. 8, S 32.
1S48, 166,
§S6. 8.
ISoO, 98,
§§1,2.
G. S. 12,
§§36, 37.
1878, 266.
§§9, 14.
1879, 73; 94.
1881, 304, § 4.
P. S. 12,
§§ 49, 50.
1888, 390,
§§ 57, 58.
1891, 288.
R. L. 13,
§§ 58-60.
1902, 443.
1905, 325, § 1.
1909, 490, II,
§§ 59-61.
1915, 237, § 16.
1918, 257, § 53.
1919, 5.
1920, 2.
1924, 3.
1925, 51; 77;
241, § 5.
1928, 10.
11 Cush. 289.
11 Gray, 410.
98 Mass. 44.
124 Mass. 342.
126 Mass. 278,
335
130 Mass. 124.
136 Mass. 267.
143 Mass. 59.
148 Mass. 444.
166 Mass. 407.
174 Mass. 303.
177 Mass. 431.
179 Mass. 112.
185 Mass. 119,
398.
186 Mass. 440.
REDEMPTION.
Section 62. Any person having an interest in land taken or sold for
non-payment of taxes, including those assessed under sections twelve,
thirteen and fourteen of chapter fifty-nine, or his heirs or assigns, may,
at any time prior to the filing of a petition for foreclosure under section
sixty-five, redeem the same by paying or tendering to the treasurer, if
the estate has been taken or purchased by the town, the amount of the
tax, all intervening taxes, charges and fees, and interest on the whole
at the rate of eight per cent per annum ; or by paying or tendering to
the purchaser, or his legal representatives or assigns, the original sum
and intervening taxes paid by him and interest on the whole at said
rate. In each case he shall also pay for examination of title and a deed
of release not more than three dollars in the aggregate; and in addition
thereto the actual cost of recording the tax deed or evidence of taking.
He may redeem the land by paying to the collector the sum which he
would be required to pay to the purchaser, with one dollar additional.
If land taken by or sold to a city or town for non-payment of taxes is
redeemed, the city treasurer or acting city treasurer, notwithstanding
the provisions of the charter of his city, or the town treasurer, as the
case may be, shall sign, execute and deliver on behalf of the city or town
a release of all the right, title and interest, which it acquired by such
taking or purchase, in and to the land so redeemed. No person shall
knowingly collect or attempt to collect for the redemption of any such
land a sum of money greater than that authorized by this section.
Nothing in this section nor in sections sixty-five to seventy-five,
inclusive, shall be construed to prevent the title of a person or a city or
town purchasing land at a sale under section seventy-nine or eighty
from becoming absolute without any foreclosure proceedings under said
sections sixty-five to seventy-five, inclusive.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
189 Mass. 139.
200 Mass. 354.
204 Mass. 594.
210 Mass. 145.
213 Mass. 199.
214 Mass. .542.
224 Mass. 551.
231 Mass. 233.
251 Mass. 440.
254 Mass. 516.
270 Mass. 92.
[See Form 19 at end of chapter.]
[Penalty, § 104.]
Person paying
collector to
receive certifi-
cate which
releases tax
title, etc.
1848, 166, § 7.
G. S. 12, § 38.
P. S. 12. § 51.
1888,390, §59.
R. L. 13, § 61.
1902, 443.
1905, 325, § 2.
1909, 490,
II, § 62.
1S6 Mass. 440.
210 Mass. 145.
251 Mass. 440.
[See Form 20 at
end of chapter.]
Section 63. The collector shall receive any money paid to him in-
stead of the purchaser and give to the person paying it a certificate
specifying the amount paid, the name of the person to whom and the
real estate on which the tax was originally assessed, and the registry of
deeds and the book and page of the records therein where the collector's
deed is recorded; and the recording of the certificate in said registry
shall extinguish all right and title acquired under the collector's deed.
The collector shall on demand pay over all money so paid, to the person
entitled thereto as determined by him, except that he shall retain one
dollar for the use of the town and shall account to it therefor. If the
amount so paid is less than the purchaser was entitled to, the balance
with interest at eight per cent per annum may after demand tiierefor
be recovered in contract by the purchaser against the person paying
such amount, if the action is commenced within three months after such
payment to the collector.
3
4
5
6
7
8
9
10
11
12
13
14
15
Chap. GO.] collection of local taxes. 731
TAX titles.
1 Section 64. The title conveyed by a tax collector's deed or by a Tax title to be
2 taking of land for taxes shall be absolute after foreclosure of the right of ?orp°'io3ure.'"
3 redemption by decree of the land court as provided in this chapter. Tlie 267'\iasl! i7^'
4 land court shall have exclusive jurisdiction of the foreclosure of all rights 270 Mass. 92.
5 of redemption from titles conveyed by a tax collector's deed or a taking
6 of land for taxes, in a proceeding provided for in sections sixty-five to
7 seventy-five, inclusive.
1 Section 6.5. After two years from a sale or taking of land for taxes, Petition for
2 whoever then holds the title thereby acquired may bring a petition in the r°ght's°o"re-°
3 land court for the foreclosure of all rights of redemption thereunder, ^ax'titi™ '^''^'^
4 Such petition shall be made in the form to be prescribed by said court ^|o\i?sI'. Iso.
5 and shall set forth a description of the land to which it applies, with its 251 Mass. 440.
... '. . , „ . , . . '^'^ „ 2b7 Mass. 17.
6 assessed valuation, the petitioners source 01 title, giving a reference to 270 Mass. 92.
7 the place, book and page of record, and such other facts as may be neces-
8 sary for the information of the court. Two or more parcels of land may
9 be included in any petition brought by a town, whether under a taking
10 or as purchaser of such title or titles.
1 Section 66. Upon the filing of such a petition the court shall forth- Examination of
2 with cause to be made by one of its official examiners an examination etc. ' ""
3 of the title sufficient only to determine the persons who may be inter- 267\teis'. 17."
4 ested in the same, and shall upon the filing of the examiner's report ^™ '^'''^^- ®^-
5 notify all persons appearing to be interested, whether as equity owners,
6 mortgagees, lienors, attaching creditors or otherwise, of the pendency
7 of the petition, the notice to be sent to each by registered mail and
8 return of receipt required, the addresses of respondents, so far as may
9 be ascertained, being furnished by the petitioner. Such other and
10 further notice by publication or otherwise shall be given as the court
11 may at any time order. The notice, to be addressed "To all whom it
12 may concern", shall contain the name of the petitioner, the names of
13 all known respondents, a description of the land and a statement of the
14 nature of the petition, shall fix the time within which appearance may
1.5 be entered, and shall contain a statement that unless the party notified
16 shall appear within the time fixed a default will be recorded, the petition
17 taken as confessed, and the right of redemption forever barred.
1 Section 67. After the return day fixed, to be at least twenty days Default.
2 after the time of the actual issuance of notice, the court shall, if satisfied If^^M^s. i-^.'
3 that the notice has been properly given, on motion of the petitioner 270 Mass. 92.
4 enter an order defaulting all persons failing to appear, and decreeing that
5 the petition as to them be taken as confessed.
1 Section 68. Any person claiming an interest, within ten days after Answer, offer
2 entering his appearance or within such further time as may on motion be ending of 'court
3 allowed by the court, shall, if he desires to redeem, file an answer setting m.^ol?','??!''
4 forth his right in the premises, and an oft'er to redeem upon such terms gef^iSIl i?!'
5 as may be fixed by the court. Thereupon the court shall hear the parties, 27o Mass. 92.
6 and may in any case in its discretion make a finding allowing the party to
7 redeem, within a time fixed by the court, upon payment to the petitioner
732
COLLECTION OF LOCAL TAXES.
[Chap. 60.
of an amount sufficient to cover the original sum, costs, interest at the 8
rate of eight per cent per annum, and all subsequent taxes, costs and 9
interest to which the petitioner may be entitled under section sixty-one 10
or sixty-two, together with the costs of the proceeding and such counsel 11
fee as the court deems reasonable. The court may impose such other 12
terms as justice and the circumstances warrant. 13
Decree barring
redemption,
when.
1915, 237, § 8.
2G7 Mass. 17.
270 Mass. 92.
Section 69. If a default is entered under section sixty-seven, or on 1
motion for failure to file answer, or if redemption is not made within the 2
time and upon the terms fixed by the court under the preceding section, 3
or if at the time fixed for the hearing the person claiming the right to 4
redeem does not appear to urge his claim, or if upon hearing the court 5
determines that the facts shown do not entitle him to redeem, a decree 6
shall be entered which shall forever bar all rights of redemption. 7
Questions of
validity of
title, how
raised. Decree
of court.
1915, 237, § 9.
267 Mass. 17.
270 Mass. 92.
Section 70. If a person claiming an interest desires to raise any 1
question concerning the \aii(lity of such a title, he shall do so by answer 2
filed in the proceeding within ten days after filing his appearance, or 3
within such further time as may on motion be allowed by the court, or 4
else be forever barred from contesting or raising the question in any other 5
proceeding. He shall also file specifications setting forth the matters 6
upon which he relies to defeat the title; and unless such specifications are 7
so filed, all questions of the validity or invalidity of the title, whether 8
in form of deed or proceedings relating to the sale or taking, shall be 9
deemed to have l)een waived. Upon the filing of the specifications 10
the coiu-t shall hear the parties, and shall enter a decree in conformity 11
with the law on the facts found. 12
cifim'fsfues Section 71. Any party may claim a jury trial within ten days after 1
i9i5/2^37. gHO- filing his answer, but unless so claimed the right to jury trial shall be 2
deemed to be waived. Upon such a claim issues shall be framed therefor 3
in accordance with the practice in the land court. 4
Report, etc.,
of questions
of law.
1915, 237
270 Mass. 92
Section 72. Questions of law may be reported by the court or taken
5 jj to the supreme judicial court for re\ision by any party aggrieved, in the
same manner as in other proceedings in the land court.
Deposit!!''."' Section 73. The petitioner, at the time of filing his petition, shall 1
^^i^^'iP''' L^^- deposit with the recorder a sum sufficient to cover the costs of the pro- 2
270 Mass. 92. • . , , , 111. 1 117,1^0
ceedings as estimated by the court, and the tees chargeable by the court 3
as the case proceeds shall be computed in accordance with section thirty- 4
nine of chapter two hundred anil sixty-two, so far as ai)plicablo, except 5
that the charge for examination of title shall be the actual amount allowed 6
the title examiner by the court. The money paid into court as aforesaid 7
by the petitioner shall be disbursed directly by the recorder for neces- 8
sary expenses incurred, and the balance of fees chargeable in ^ach finished 9
case shall be paid o\er quarterly to the commonwealth. 10
NoJ^ce of ^.^^ Section 74. Notice of filing the petition for foreclosure and notice 1
position of of thc final disposition thereof shall be recortlcd in the registry of deeds, 2
petition to be • i i p • i i • * i • o
recorded. as providcd lor lu land registration proceedings. o
1915, 237. § 14. 270 Mass. 92.
CiLVP. 60.] COLLECTION OF LOCAL T.\XES. 733
1 Section 75. Practice and procedure under sections sixty-four to Practice and
2 seventy-four, inclusive, not therein otherwise provided for, shall con- genera"" '°
3 form as nearly as possible to the land court practice, rules, regulations ^^^^' ^^^' ^ ^^'
4 and procedure in relation to matters of land registration.
1 Section 76. The superior court shall have jurisdiction as to re- Petition for
2 demption in all cases of taking or sale of land for non-payment of taxes superior cmir",
3 if relief is sought before proceedings for foreclosure of the right of re- p™cedMe.''"^'
4 demption have been begun in the land court, and may grant such right \lfli 239. 1 f.
5 of redemption or other relief as justice may require, fixing the terms ^stI; 26'6.S* u.
6 therefor, or may refuse the same. The proceedings shall be begun by a fjgl^jl'o^ ^"^g
7 bill as in equity, and memoranda, both of the beginning and of the final 1900! 177!
8 disposition thereof, shall be recorded or filed in the registry of deeds, igos,' 325, § h'.
9 similar to those required by sections fifteen and sixteen of chapter one J909; lujj;
10 hundred and eighty-four in the case of unregistered land, and to those }9il72*37,
11 required by sections eighty-six and eighty-seven of chapter one hundred 5§ is, 26.
12 and eighty-fi\-e in the case of registered land.
1918, 257, § 58. 143 Mass. 59. 204 Mass. 594.
1919, 5. l.iO Maes. 73. 205 Mass. 350.
1920, 2. 172 Mass. 4.36. 210 Mass. 145.
llCusli. 289. 175 Mass. 485. 214 Mass. 542.
11 Gray, 410. 177 Mass. 431. 218 Mass. 339.
98 Mass. 44. 178 Mass. 460. 224 Mass. 184.
112 Mass. 186. 179 Mass. 112. 231 Mass. 233.
126 Mass. 335. 187 Mass. 474.
1 Section 77. After foreclosure by a town of the rights of redemption Title of city
2 under a tax title or taking, as hereinbefore provided, the land shall there- !me°\^ure^'
3 after be held and disposed of like any land belonging to it and held for 23oVa^sl! 58a
4 municipal purposes, and shall not while so held be assessed for taxes.
1 Section 78. Before foreclosure or redemption, taxes on land taken Assessment of
2 or purchased by a town shall be assessed to the person to whom they taken o" pm-
3 would be assessed if the land had not been so taken or purchased. In orTo™''^ ""'
4 case of a sale under the following section, such taxes shall be deducted Jlyljfs.'ua
5 from the proceeds thereof, before any surplus is disposed of as therein J^s^ ]^^^^ se.^
6 provided. In case of foreclosure, any such taxes of which the lien has R l'. i3,'§66.
7 not expiree! shall be credited to the collector as if collected by him. ii, 5'67. '
1915, 237, 5 19. 208 Mass. 537. 230 Mass. 680. 267 Mass. 17.
SALE OF LANDS OF LOW VALUE HELD BY CITY OR TOWN UNDER TAX
TITLES.
1
Section 79. After two years from the taking or purchase by a town Saie without
2 of any lands for non-payment of taxes, the commissioner may, and on landsTalra^r
3 written application of its treasurer shall, inquire into the value of such ci'ty o? Town'in
4 lands. If the commissioner is of opinion that such lands are of insuffi- ^g'i's.'seTri';
5 cient value to meet the taxes, interest and charges, and all subsequent fi'^kS^-
1 I I'll !■ i" 1 lyis, *io/, 9 o^-
6 taxes and assessments thereon, together with tne expenses ot a loreclosure i9i9. s.
7 under section sixty-nine, he shall make affidavit of such finding, which 1925! 241, § 6.
8 shall be recorded in the registry of deeds for the district where the town
9 is situated.
10 Upon the recording thereof the treasurer may sell all the parcels in-
11 eluded therein, severally or together, at public auction to the highest
12 bidder, first giving notice of the time and place of sale by posting a
13 notice of the sale in some convenient and public place in the town four-
14 teen days at least before the sale. If the sale under this section shall
734
COLLECTION OF LOCAL TAXES.
[ClL\P. 60.
not be made within four years from said taking or purchase, it shall be 15
made by the treasurer for the time being when he deems best, or at once 16
upon service on him of a written demand by any person interested 17
therein. The treasurer shall execute and deliver to the highest bidfler 18
a deed, without covenant except that the sale has in all particulars been 19
conducted according to law. Title taken pursuant to a sale under this 20
section shall be absolute upon the recording of the deed of the treasurer 21
in the proper registry of deeds within thirty days of its date. 22
If the amount received from the sale is more than the taxes, interest 23
and charges, and subsequent taxes and assessments, on all lands included 24
in the sale, together with the expenses thereof, the balance shall be de- 25
posited with the town treasurer to be paid to the person entitled thereto, 26
if demanded within five years, otherwise it shall enure to the town. 27
If such surplus results from the sale of several parcels for a lump sum, 28
it shall be held as aforesaid for the several owners in proportion to the 29
prices at which the several parcels were originally taken or purchased 30
by the town. 31
Proceedings
upon lack of
bids, etc., at
sucii sale.
1915, 56, § 2.
1925, 241. § 7.
1931, 79, § 2.
Section 80. If no person bids at such a sale and if the sale has been 1
adjourned one or more times, the treasurer shall then and there make 2
public declaration of the fact, and if no bid is then made he shall give 3
public notice that he purchases for the town by which the tax is as- 4
sessed; or if the person to whom the land is sold does not within ten 5
days pay to the treasurer the sum bid by him the sale shall be void and 6
the town shall be deemed to be the purchaser of the land. If the town 7
becomes the purchaser hereunder, the treasurer shall execute to it a 8
deed which shall set forth the fact that no bid was made at the sale or 9
that the purchaser failed to pay the amount bid, as the case may be. 10
The title of the town to land conveyed by deed of the treasurer under 11
this section shall be absolute upon the recording of said deed in the 12
proper registry of deeds within thirty days of its date. 13
Section 81. [Repealed, 1925, 241, § 8.]
1
Collector to
notify holder
of title deemed
invalid, etc.
1878, 266. § 2.
P. S. 12. § 59.
1888, 390, § 69.
1889, 334, § 15.
R. L. 13, § 70.
1909, 490,
n, §71.
207 Mass. 412.
209 Mass. 365.
267 Mass. 17.
[See Forms 22
and 23 at end of
chapter.]
PROCEEDINGS IF T.tX TITLE IS DEEMED INVALID.
Section 82. If a collector has reasonable cause to believe that the 1
title to land sold for non-payment of taxes or of assessments, a lien for 2
which is enforceable by a sale of land, is invalid by reason of an error, 3
omission or informality in the assessment or sale, he may, within two 4
years after the date of the deed of such land, give notice to the record 5
owner thereof, requiring him, within thirty days thereafter, to release 6
any interest which he may have in such land under said deed, and to 7
receive from the town the amount paid therefor with interest at ten 8
per cent or to file with the collector a written statement that he refuses 9
to release such interest. Such statement, if recorded in the registry of 10
deeds, shall release the town from any liability upon the warranty in 11
said deed. 12
To record
affidavit of
notice if title
not released.
Effect.
1878. 266, § 3.
P. S. 12, § 60.
Section S3. If, within thirty days after such notice, such owner 1
does not comply therewith, the collector shall cause a cop.v thereof, with 2
an affidavit by himself or by a disinterested person of the service thereof 3
and of the facts in the case, to be recorded in the registry of deeds. A 4
Ch,\P. 60.] COLLECTION OF LOCAL T.«ES. 735
5 note of reference to the record of said copy shall be made on the margin isss, 390. §^7o.
6 of the record of the collector's deed therein referred to; and from the 1909.496,
7 time of such record the interest payable by reason of a breach of war- 209 Maaa. 365.
8 ranty in such deed shall cease, and all right and title acquired under such
9 deed shall be held to be released. The collector shall give notice of such
10 proceedings to the town treasurer, who shall, on reasonable demand,
11 pay over out of any funds in his hands the amount due in respect of said
12 deed to the person entitled thereto.
1 Section 84. If the invalidity of a title described in section eighty- Reassessment
, , * . . . « 1 • , • J 1 J. OT collection of
2 two was caused by an error, omission or inrormahty m the assessment, taxes where tax
3 the collector, after obtaining from the holder of the deed a release of his pLci'Smer of
4 interest or after causing a copy of the notice to be filed and recorded as 'fty ^It^.
5 provided in the preceding section, shall forthwith notify the board by If^;^^*^-
6 which the tax or assessment was laid, which shall forthwith reassess ^^f/li^
7 it as provided in section seventy-seven of chapter fifty-nine. If such isss.'sgd,
8 invalidity was caused by an error, omission or informality in the pro- iggg/sai, |_15.
9 ceedings of the collector, he shall, after obtaining such release or after faog.' 496,^ ^"
10 filing and recording such copy, forthwith collect the unpaid tax or as- ^09 ^"^3. 365.
11 sessment in conformity to law. If the collector has reasonable cause 26? Mass. 17.
12 to believe that a tax title, held bv a town under a sale or taking for non- [.see Forms 22
„ ..,.,,' .. . . • f 1 anrl 2:i at end of
13 payment of a tax, is invalid by reason 01 any error, omission or inrormal- chapter.)
14 ity in the assessment, sale or taking, he may disclaim and release such
15 title by an instrument under his band and seal, duly recorded in the
16 registry of deeds.
1 Section 84A. If a tax title is for any reason adjudged invalid by a kj/^^^^Jj"
2 court of competent jurisdiction, said court may order the treasurer of the t^x titles
3 city or town where the land aft'ected is situated, upon receipt of a release idtudgcd
4 by" the holder of said title of all the interest which he may have under his '"93i''4-40.
5 tax deed, to refund to such holder the amount paid therefor but not ex-
6 ceeding the amount received by the city or town, with interest at the rate
7 of ten per cent from the date of the deed. Said order shall specify the
8 cause of the invalidity of the said title. The treasurer shall forthwith
9 record said release in the proper registry of deeds, and thereupon, if the
10 said invalidity was caused by an error, omission or informality in the
11 assessment of the tax, the treasurer shall notify the board by which the
12 tax or assessment was laid, which shall forthwith reassess it as provided in
13 section seventy-seven of chapter fifty-nine; and if such invalidity was
14 caused by an error, omission or informality in the proceedings of the col-
15 lector, the treasurer shall thereupon notify the collector who shall forth-
16 with collect the unpaid tax or assessment in conformity to law.
LIEN of co-tenants.
1 Section 85. A tenant in common or joint tenant, who pays the c°-,^J"*°*^ ^^
2 entire tax assessed upon land held jointly or in common, shall have a S^teiienon
3 lien upon the interest of each of his co-tenants, to secure the payment to S^tenlnt.
4 him of the proportion of such tax payable by each of said co-tenants j?l' f|f § U.;^
5 respectively, with the costs of enforcing the same; but any person whose Jf*£'J|%V~
6 tax has been so paid by his co-tenant shall have the same right to re- {f"^' ^^^o,
7 cover it back if illegally assessed as he would have had if the tax had 195 Mass. 55.
8 been paid under a protest by him in writing.
244 Mass. 1.
73.
73.
736
COLLECTION OF LOCAL TAXES.
[Chap. 60.
Enforcement
of lien of
co-tenant.
1875, 236,
§§2-5.
P. S. 12,
§§ 64, 65.
1888, 390,
§§ 74. 75.
R. L. 13. § 74.
1909, 490,
II, § 75.
1918. 257, § 57.
1919, 5.
1920, 2.
148 Mass. 444.
195 Mass. 55.
231 Mass. 341.
244 Mass. 1.
Section 86. Such lien may be enforced in the manner provided in 1
chapter two hundred and fifty-four for enforcing liens on buildings and 2
land under written contracts for the erection, alteration, repair or re- 3
moval of buildings or structures; but shall be dissolved, unless the per- 4
son desiring to a\ail himself thereof, or some one in his behalf, subscribes 5
and makes oath to a certificate setting forth a description, sufficiently 6
accurate for identification, of the property intended to be covered by the 7
lien, the names of the several co-tenants and the interest of each therein, 8
the amount of the tax paid, and the amount due from each co-tenant, 9
and within thirty days after the day of payment of said tax records such 10
certificate in the registry of deeds, and unless a bill in equity to enforce 11
the lien is commenced within sixty days after the date of recording said 12
certificate. Such lien shall have priority over all liens and encumbrances 13
arising after the filing of the certificate required by this section, but shall l-l
not be valid against a mortgage actually existing and duly recorded prior 15
to the recording of said certificate, or against any lien existing under 16
section one or section three of chapter two hundred and fifty-four prior 17
to the filing of the certificate. No person except the co-tenant who paid 18
the tax, or a person claiming by, through or under him, shall be made 19
a party plaintiff in a bill brought under this section. 20
By-laws, etc.,
to direct col-
lector to sell
or take.
1878, 266, § 6.
1879, 169.
P. S. 12, § 67.
1888, 390, § 77.
R. L. 13, § 76.
1909, 490,
II, § 77.
MISCELLANEOUS PROVISIONS.
Section 87. A city or town may, by ordinance or by-law, respec- 1
tively, direct whether its collector shall exercise the power of sale or the 2
power of taking to enforce the lien for taxes; and in default of such 3
ordinance or by-law the collector may exercise either power at his dis- 4
cretion; but the passage of any such ordinance or by-law shall not render 5
iuA-alid any proceedings then pending. 6
Sheriff or
deputy to
post list and
warrant thirty
days before
distress.
1785, 70,
§§ 3, 4.
Section 88. When the tax list and warrant of the a'ssessors is com- 1
mitted to the sheriff or his deputy, he shall forthwith post, in some public 2
place in the town, an attested copy of said list and warrant; and shall 3
make no distress for a tax within thirty days thereafter. 4
R. S. 8, § 34.
G. S. 12, § 43.
P. S. 12, § 68.
1888, 390, § 78.
R. L. 13, § 77.
1909, 490, II, § 78.
fol-To'fiectin^ Section 89. If a person pays his tax within said thirty days, the
1785, 70 §4. officer shall receive from him for his fees five per cent on the sum as-
g'. s. 12, § 44. sessed ; but if a tax remains unpaid after said thirty days, he shall col-
1888, 390, § 79. Icct it by distress or imprisonment, or by sale of land as a collector would
K)09, 490,^ ^*' do. The officer may also levy his fees for service and travel in the col-
li, § 79. lection of each person's tax, as in other cases of distress and commitment,
or sale of land.
Treasurer as
collector may
issue warrants,
etc.
1817, 69.
1834, 148.
R. S. 8,
§§ 36, 61.
G. S. 12, § 45.
1874, 28, § 2.
P. S. 12, § 70.
Section 90. If a town appoints its treasurer as the collector of taxes, 1
he may issue his warrants to the sheriff of the county, or his deputy, or 2
to any constable of the town, returnable in sixty days, requiring them to 3
collect any or all taxes due. Such warrants shall be substantially in the 4
same form, and shall confer the same powers as warrants by assessors to 5
collectors. 6
1888, 390, § 80.
R. L. 13, § 79.
1909, 490, II, § 80.
191 Mass. 503.
etc.
§8.
72.
Chap. 60.] collection of local t.\xes. 737
1 Section 91. When any foreign corporation or non-resident person, Rostraintof
2 doing business in the commonwealth, shall for sixty days neglect, refuse tmnlfiunOT"
3 or omit to pay a tax lawfully assessed and payable, any court having frmiTdoilTK*
4 jurisdiction in equity may on petition of the collector of taxes of the t'nx''rpaid"'''
5 town wliere the tax is assessed restrain said corporation or person from ]'^[m^ iq?i'
G doing business in the commonwealth until said tax, with all incidental li. § si- '
7 costs and charges, shall have been paid. Service of process upon any
8 such petition may be made by an officer duly qualified to serve process,
9 by leaving a duly attested copy thereof at the place where the business
10 is carried on.
1 Section 92. The board of aldermen or selectmen may empower any AWermen or
2 officer authorized to collect taxes to appoint such deputies as he deems authori™aii^^
3 expedient. Any such deputy may be a woman. Such deputies shall depu'tTes"^ "^
4 give bond for the faithful performance of their duties in such sum as j?"s 'fl'Iyi
5 the aldermen or selectmen may prescribe and shall have the powers of \^^f ^t^\^J}-
6 collectors.
1908. 247. 1909. 490, II, § 82.
1 Section 93. The treasurer or other disbursing oflieer of any town Money payable
2 may, and if so requested by the collector, shall, withhold payment of any uf person Vwi^g
3 money payable to any person whose taxes are then due and wholly or withheid!^(
4 partly unpaid to an amount not exceeding the unpaid tax with interest p^l' f^'^k
5 and costs. The sum withheld shall be paid or credited to the collector, J^ss, 390 § 82.
6 who shall, if required, give a written receipt therefor. The person ta.xed ifl09,'496.
7 may in such case have the same remedy as if he had paid such tax after '
8 a levy upon his goods. The collector's rights under this section shall not
9 be affected by any assignment or trustee process.
1 Section 94. The aldermen or selectmen may require the collector Mayor and
2 once in two months to exhibit to them a true account of all money re- Lie'ctmen may
3 ceived on the taxes committed to him, and to produce the treasurer's le?t^'tS°e^-
4 receipts for all money paid into the treasury by him. and'recei"""*^
1783, 66, § 1. P. S. 12, § 73. R. L. 13, § 82.
R. S. 8, § 45, 1888, 390, § 83. 1909. 490. II, § 84.
G. S. 12, § 46.
[Penalty. §99.]
1 Section 95. The collector shall be credited with all sums abated; credits and
n • 1 1 p 1 • 1 . .1 payments to
2 with tlie amount oi taxes assessed upon any person committed to jail collector.
3 for non-payment of his tax within one year from the receipt of the tax R. s.' s. '§ 43.'
4 list by the collector, and who has not paid his tax; with any sums which 1862'. lis. §*5'.
5 the town may see fit to abate to him, due from persons committed after fggi; 390,^ § I's.
6 the expiration of a year; with all sums withheld by the treasurer of a fgo| 99' |f^'
7 town under section ninety-three; and with the amount of the taxes and '^"9! 496,
8 charges where land has been purchased or taken by the town for non- o Met. 499.
9 payment of taxes. When a collector is credited with the amount of taxes
10 assessed upon any person committed to jail for the non-payment of his
11 tax, who has not paid his tax, said collector shall also be paid and credited
12 with the fees and charges which have become a part of said taxes and to
13 which he or the officer acting under his warrant is entitled.
1 Section 96. If a collector becomes insane, absconds or removes from Aldermen or
2 the town or in the judgment of the aldermen or selectmen is about to so ^emo™™"*^
3 remove or is otherwise unable to discharge his duty, or if he refuses on 'c'^^tain"'cases.
738
COLLECTION OF LOCAL TAXES.
[Chap. 60.
1783, 10, § 1.
17S5, 46, § 15.
1791, 22. § 1.
R. S. 8, § 40.
G, S. 12, § 52.
demand to exhibit to the aldermen or selectmen his books, vouchers and 4
accounts of collections as provided in this chapter, the aldermen or select- 5
men mav remove him from office. 6
p. S 12. § 79.
1888, 390, § 89.
R. L. 13. § 84.
1909, 490, II, § 86.
7 Gray, 128.
Accounts,
records, etc.,
of collectors,
deposit with
assessors,
■when. Uncol-
lected tax hsts,
etc., to be
turned over to
successor, etc.
1785,46, §5;
70, § 1.
R. S. 8. § 39.
G. S. 12. § 53.
1881, 138, § 1.
P. S. 12.
§§80,81.
1888. 390,
§§90,91.
R. L. 13. § 85.
1909. 490,
II, § 87.
1919, 41.
1923, 128, § 5.
1 Met. 524.
[Penalty, § 100.]
Section 97. Except as provided in section nine, if a collector ceases 1
to hold the office of collector for any reason other than because of the 2
expiration of the term of office of a collector who is not paid by a fixed 3
salary and his failure to be reappointed or re-elected, all his accounts, 4
records and papers, except his warrant, which relate to the assessment and 5
collection of taxes in his town shall, forthwith after an audit thereof has 6
been made by a competent accountant, be deposited by him, or his 7
executor or administrator, or any other person into whose possession 8
they may come, with the assessors of such town, who thereupon shall 9
turn over his uncollected tax lists to his successor, together with their 10
warrant, which shall cover the uncollected accounts of the original com- 11
mitment as shown on said lists and sliall also turn over all his accounts, 12
records and papers so deposited with them, except said lists, to the clerk 1.3
of said town. If the collector is his own successor, he shall complete the 14
collection of the taxes as a part of the duties of his new term of office and 15
not as a part of the duties of his former term of office. 16
Action to
recover back
taxes paid,
when main-
tainable.
1859, 118,
§§3,4.
G. S. 12, § 56.
P. S. 12, § 84.
1888, 390. § 94.
R. L. 13. § 86.
1909. 490,
II, § 88.
13 Gray. 476.
1 Allen. 319.
10 Allen. 48.
99 Mass. 208.
102 Mass. 348.
Section 98. No action to recover back a tax shall be maintained,
except as provided in sections sixty and eighty-five, unless commenced
within three months after payment of the tax nor unless such tax is paid
either after an arrest of the person paying it, a levy on his goods, a notice
of a sale of his land, a written protest signed by him, or a withholding
of money due him under section ninety-three. In an action founded on
an error or irregularity in the assessment or apportionment of a tax,
only the amount in excess of the tax for which the plaiutiti' was liable
shall be recoverable; and no sale, contract or levy shall be avoided solely
by reason of such error or irregularity.
126 Mass. 97. 149 Mass. 238.
129 Mass. 551.
130 Mass. 478.
132 Mass. 89.
1
2
3
4
5
6
7
8
9
10
202 Mass. 258.
232 Mass. 402.
250 Mass. 317.
256 Mass. 142.
259 Mass. 1.
2a3 Mass. 255.
265 Mass. 327.
Penalty on
collector for
failure to ex-
hibit accounts
or receipts.
1783, 66, § 2.
R. S. 8, § 46.
Penalty on col-
lector, etc.,
for failure to
turn over
accounts, etc.
1892, 370, § 7.
R. L. 13, § 11.
Penalty for
failure to give
up accounts,
etc., on de-
mand.
PENALTIES.
Section 99. A collector who neglects or refuses to exhibit accounts
or to produce receipts, as required under section ninety-four, shall for-
feit to the town two and one half per cent of the sums committed to
him for collection.
G. S. 12, § 47. 1888, 390,. §84. 1909, 490, II, § 84.
P. S. 12, § 74.
R. L. 13, § 82.
Section 100. Violation by a collector, former collector, or an execu-
tor or administrator of a collector or former collector, of any provision of
section nine, tweh-e or ninety-seven shall be punished by a fine of not
more than five hundred dollars.
1909, 490, II, § 11. 1923, 128, § 6.
Section 101. Violation of section twelve by a person of whom de-
mand is made thereunder shall be punished by a fine of not more than
five hundred dollars.
1892.370, §7. R. L. 13, 5 11. 1909,490,11,5 11.
Chap. 60.] collection of local t.vxes. 739
1 Section 102. Violation by a collector of section two or section eight J^Xrc u^pay
2 shall be punished by a fine of not less than three hundred dollars. exhibirbogk^"^
1S97, 126, § 3. 1900. 490, II, § 12. 1919, 5. etc.
R. L. 13, § 12. 1918, 257, § 44. 1920, 2.
1 Section 103. Whoever refuses or neglects to aid a collector when re- Penalty for
2 quired under section thirty-three shall forfeit not more than ten dollars. co'ikHt<,r"when
1782, 61, §2. " G. .S. 12, U7. R. L. 13. § .-iO. required.
1785. 70, § 9. P. S. 12, § IS. 1909, 490, II, § 31.
R. S. 8, § 6. 18SS, 390, § 22.
1 Section 104. Violation by a collector, or by a holder of a tax title, Penalty for
2 of the last sentence of the first paragraph of section sixty-two, shall be charge for
3 punished by a fine of not more than one hundred dollars. fro™tax tale.
1891, 288. 1909, 490. 11. § 60. 210 Mass. 145.
R. L. 13, § 59. 1931, 426, § 66.
FORMS.
1 Section 105. The following forms may be used in proceedings for the Forms.
2 collection of taxes under this chapter, and, if substantially followed, they is89; 334! § le.'
3 shall be deemed sufficient for the proceedings to which they respectively fgog,' 496,^ ^'^^
4 relate; but other suitable forms may also be used. These forms may JgJ^fii.
5 also be used, so far as applicable, in the collection of betterments and i^o Mass. 411.
6 other assessments of like character.
SCHEDULE OF FORMS.
No. 1. Form of Demand under Section 16.
B, , 10 .
To
Herewith find your tax bill due , 19 , amounting to .$ . 1913, 3n.
Payment of the same is hereby demanded. Interest at the rate of per i9is, 237,
cent per annum will be charged from , 19 . You are hereby 19187103.
notified that unless your tax is paid in fourteen days from this date, with legal is's! 190, § i;
interest and charges, and twenty-five cents for this demand, the collector will 1919,^5.**' ^*'
then proceed to collect the same according to law. 1920! 2; 460.
Collector of Taxes for the of
No. 2. Form of Summons under Section 18.
B, , 19 .
To
Your tax for the year 19 , amounting to $ and interest thereon, is 1913,311.
now due. You are required to pay the same within ten days from this date J-?'^- 237, § 22.
with twenty cents for this summons. At the expiration of that time, if the tax is
not paid, the collector will proceed to collect the same according to law.
Collector of Ta-xes for the of
740 COLLECTION OF LOCAL TAXES. [ChAP. 60.
No. 3. Form of Notice of Sale of Distrained Property under Section 25.
Collector's Sale.
1913,311. Distrained upon a warrant of distress for non-payment of taxes, and will be
sold by public auction on , the day of ,
19 ^ at o'clock M., at , unless said taxes,
interest and charges shall be paid before the sale, the following described prop-
erty, to wit: [Here describe the properly.]
B, , 19 .
Collector of Taxes for the of
(Or other authorized officer, as the case may be.)
No. 4. Form of Notice of Adjournment of Sale under Section 26.
1913, 311. [To the original notice of sale, or a copy thereof, add the following, and post
at the place of sale:] , , , ,• , .
The collector hereby gives notice that the above sale stands adjourned to
the day of , 19 . at the same hour and
place.
B, , 19 .
Collector of Taxes for the of
(Or other authorized officer, as the case may be.)
No. 5. Form of Certificate required by Section 30 to be given when
A Commitment is ]vl\de.
B, , 19 .
1913. 311. I hereby certify that the tax assessed in the of
as of the first day of April in the year 19 upon
remains unpaid for fourteen days after demand therefor made by me (or the
collector of taxes of the town of B) and still remains unpaid; and that for want
of goods and chattels whereof to make distress I commit the said person to jail.
I also certify that the amount the said person is to pay for said tax, interest,
charges, fees, and traveling expenses as provided by statute, is
dollars.
Collector of Taxes for the of
(Or other authorized officer, as the case may be.)
No. 6. Form of Collector's Warrant to distr-^^in or commit under
Section 34.
Commonwealth of Massachusetts.
To the Sheriffs of our several Counties, or their Deputies, or to any Constable of
or Deputy Collector of Taxes. for the of in the
Coiinty of .
Greeting:
1913. 311. Whereas, a resident of in the County of
191 Mass. 503. ^^^^ ^^^j^ asscssed as of the first day of April in the year nineteen hundred and
, by the Assessors of the of _, a tax in
the sum of dollars; and the same now, after the expiration of
fourteen days from the date of a demand made upon him by me in accordance
with law for the payment of the same, remains unpaid; Therefore,
In the name of the ComnKinwealth of Massachusetts, you and each of you
are required and directed to distrain the goods or chattels of the said person so
assessed sufficient to satisfy and pay the amount due for such tax and interest,
aiid all fees and charges of keeping and selling the same, saving and excepting
CUAI". GO.] COLLECTION OF LOCAL TAXES. 741
the tools or implements necessary for the trade or occupation of the said person
so assessed; beasts of the plough necessary for the cultivation of his improved
land; military arms, uniforms and equipment; utensils for housck(>c))ing nec-
essary for upholding life; and bedding and api^arel necessary for tlu; said person
so assessed and his family. And the goods and chattels so distrained by you,
you are required to keep at the cost and charge of the owner for four days at
least and within seven days after the seizure to sell the same at public auction,
for the payment of the said amount due, having first posted up a notice of the
sale in some public place in the city or town where found, forty-eight hours at
least before the sale: provided, however, that you may, if you shall see fit, once
adjourn said sale for a time not exceeding three days, in which case you shall
forthwith post up a notice of such adjournment and of the time and place of
sale. And if said distress shall be sold for more than the said amount due, you
shall return the surplus to the owner of such goods or chattels upon demand,
with an account in writing of the sale and charges. And if you cannot find suffi-
cient goods and chattels belonging to the person assessed, whereon to make
distress, you shall take the body of the said person and him commit to one of
the common jails in the county in which you shall arrest him, there to remain
until he shall pay said tax, interest, charges, and fees, and for an arrest, one
dollar and actual traveling expenses incurred in maldng such arrest; or until
he shall be discharged therefrom by due course of law: provided, hoicerer, that
you may at your discretion, after the service of this Warrant, allow such person
to go free for a period not exceeding fourteen days after said service, at which
time if said person does not pay his tax w-ith all fees and charges due thereon
including one dollar for service of this Warrant and five cents for each mile
traveled by you in the performance of this collection you shall then arrest said
person on this Warrant and commit him to jail as aforesaid. But if you shall
commit such person for the non-payment of a poll tax only he shall not be de-
tained in jail more than seven days.
And in case you shall commit said person so assessed to jail by virtue of this
Warrant, you are required to give the keeper of the jail vi'herein he may be com-
mitted an attested copy of this Warrant, with a certificate thereon under your
hand, setting forth that for want of goods and chattels of the said person
whereof to make distress, you have taken his body and committed him to jail
as aforesaid; and also setting forth the amount said person is to pay as his tax,
interest, charges, fees and traveling expenses as provided by statute.
Hereof fail not, and make return of tliis Warrant, with your doings thereon,
within sixty days from the date hereof.
Given under my hand and seal this day of 19 .
[seal.]
Collector of Taxes for the of
No. 7. Form of Certificate to be endorsed on Copy of Warrant in Case
OF Commitment.
B, , 19 .
I hereby certify that, by virtue of the warrant, of which the within is a true 1913, 3ii.
copy, for want of goods and chattels whereof to make distress, I have taken
the body of the witliin named and committed him to
jail, and that the amount which he is to pay as his tax, interest, charges, fees,
and traveUng expenses as provided by statute, is dollars.
Deputy Collector of Taxes for the of
(Or other authorized officer, as the case may be.)
No. 8. Form of Demand of Tax on Real Estate under Section 37.
C, , 19 .
To
In compliance with the statute I hereby demand of you payment of I9i3, 3ii.
dollars, that being the amount of tax assessed for the year 19 on the estate in Iso^mSI' In'
this [City or Town] [here give a brief statement of the estate] and owned or occu-
742 COLLECTION OF LOCAL T.-VXES. [ChAP. 60.
pied by you at the date of assessment. You are hereby notified that if said
amount, together with the interest, legal costs and charges thereon, is not paid
within fourteen days from this date, with twenty-five cents for tliis demand,
the said estate will be sold by public auction, pursuant to law.
Collector of Taxes for the of
No. 9. Form of Collector's Notice of Sale of Real Estate to be pub-
lished IN A Newspaper under Section 40.
B, , 19 .
1913,311. The owners and occupants of the following described parcels of real estate
197 Mass. 565. gituated in the [City or Town] of , in the County of _ and
Commonwealth of Massachusetts, and the public are hereby notified that the
taxes thereon severally assessed for the years hereinafter specified, according to
the list committed to me as collector of taxes for said by the
assessors of taxes, remain unpaid, and that the smallest undivided part of said
land sufficient to satisfy said taxes, with interest and all legal costs and charges,
or the whole of said land if no person offers to take an undivided part thereof,
will be offered for sale by public auction at the in said
on , 19 , at o'clock m., for the payment of
said taxes with interest, costs and charges thereon, unless the same shall be
previously discharged. [Here state the name of the party taxed, if known; a sub-
stantially accurate description of the estate; the year in which the tax is assessed;
and the amount of the tax on each parcel of real estate.]
Collector of Taxes for the of
No. 10. Form or Deed under Sections 43 and 45.
Commonwealth of Massachusetts.
To all Perso7is to whom these Presents may come,
1913. 311. I, , Collector of Taxes for the of
204^3^! 563. in the County of and Commonwealth of Massachusetts,
209 Mass. HI.
Send Greeting:
T\Tiereas, the Assessors of Taxes of said of , in the
lists of assessments for taxes, which they committed to me to collect for the year
one thousand nine hundred and , duly assessed as
owner or occupant of the land in said , which is hereinafter described,
the sum of dollars and cents, for State, County and
[City or Town] Taxes thereon; and whereas there were added to and made a part
of said taxes so assessed on said land certain apportioned and unapportioned
betterment assessments and certain special assessments, with interest thereon,
constituting a lien on said land, in the sum of dollars and
cents, so that the whole amount of taxes on said land committed to me, including
assessments and interest, was the sum of dollars and
cents; and whereas, on the day of A.D. 19 , I
duly demanded of said [// the demand was made on a mortgagee or (iti attorney of a
non-resident oivncr, here insert the fact] the ]3aynient of said taxes, so
as aforesaid assessed on said land, and the same were not i^aid; and whereas,
after the expiration of fourteen days from the time of demanding payment of said
taxes as aforesaid, the same still remaining unpaid, I duly advertised that the
smallest undivided jxirt of said land sufficient to satisfy said taxes with interest
and all legal costs and charges, or the whole of said land if no person offers to take
an undivided part thereof, would be sold by public auction for the paj-ment of
said taxes with interest, and all legal costs and charges, on the day
of , A.D. 19 , at o'clock in the noon, at
the in said , liy publishing an advertisement thereof,
Chap. ()().] collection of local taxes. 743
containing also a substantially accurate description, and the names of all owners
of said land known to inc, and the amount of the taxes so as aforesaid assessed
thereon, in the , a newspaper published in , in the
County where said land lies, three weeks successively, the last publication whereof
was at least one week before the time appointed for the sale, and by posting the
said advertisement in public and convenient places in said ,
to wit: the , three weeks before the time appointed for said sale;
and whereas, said taxes so as aforesaid assessed on said land were not paid, I
proceeded at the time and ])lace appointed as aforesaid for the sale, to offer for
sale said land by public auction for the discharge and payment of said taxes
thereon with interest, and said legal costs and charges, [// the sale is adjourned
add the foUowing:] and no person appeared and bid for an undivided part or for
the whole of the land thus offered for sale an amount equal to the said taxes,
interest, costs and charges, and I thereupon, at said time and place appointed for
said sale, adjourned said sale until , the day of ,
A.D. 19 , at o'clock in the noon, at the same place,
and then and there made public proclamation of said adjournment; [('/ there are
sereral adjournments use the follou-ing:] and in like manner in all respects and for
the same cause, I adjourned said sale [here state the svccessive dates, hours and
places to irhich the sale vas adjourned], and then and there made public procla-
mation of said adjournments; and at the time and jilace so fixed and proclaimed
for making said sale on each of the several days, I proceeded to offer for sale said
land by public auction for the payment of said taxes, interest, costs and charges,
and no person appeared at either time so fixed by adjournment for said sale and
bid a sum equal to said taxes, interest, costs and charges, until on the
day of , A.D. 19 , , the time and place so fixed for
said sale by the last of the said adjournments [or, if there iras but one adjournment,
use such averments as will conform to that fact], I proceeded again to offer for sale
by public auction for the payment of said taxes, interest, costs and charges, the
smallest undivided part of said land sufficient for the payment of said taxes with
interest and legal costs and charges; [// a/i offer is made for an undivided part use
the follouing:] and of in the County of and
State of offered at said auction to take one undivided
part of said land and to pay therefor the amount of said taxes with interest and
the legal costs and charges, and that being the smallest undivided part of said
land offered to be taken for the payment of said taxes, interest, costs and charges,
one undivided part of said land was struck off to said
Therefore, know ye, that I, the said , Collector of Taxes as afore-
said, by virtue of the power vested in me by law, and in consideration of the said
sum of dollars and cents to me paid by said ,
the receipt whereof I do hereby acknowledge, do hereby give, grant, bargain,
sell and convey unto the said one undivided
part of the following described land, being the land taxed as aforesaid, to wit:
[here describe the land.]
[If sale is made of the irhole, use the following:] and no person offering at said ""S, 257, § 48.
auction to take an undivided part of said land, the whole of said land was struck 1920! 2.
off to of in the County of and State of
for the sum of dollars and cents, being
the amount of the taxes and necessary intervening charges.
Therefore, know ye, that I, tlie said , Collector of Taxes as afore-
said, by virtue of the power vested in me by law, and in consideration of the said
sum of dollars and cents to me paid by said ,
the receipt whereof I do hereby acknowledge, do hereby give, grant, bargain,
sell and convey unto the said the following described
land, the same being the land taxed as aforesaid, to wit : [here describe the land.]
[In each case conclude as follou-s:]
To have and to hold the same, to the said , h heirs
and assigns, to and their use and behoof forever; subject
to the right of redemption by any person legally entitled to redeem the same and
to all easements and restrictions lawfully existing in, upon or over said land or
appurtenant thereto when so taken.
And I, the said Collector, do covenant with the said , h
heirs and assigns, that the sale aforesaid has, in all particulars, been conducted
according to law.
744 COLLECTION OF LOCAL T.VXES. [ChAP. 60.
In witness whereof, I, the said , Collector as aforesaid, have
hereunto set my hand and seal, this day of , in the year
of our Lord one thousand nine hundred and
[seal.]
Collector of Taxes for the of
Signed, sealed and delivered in the -presence of
ss. 19 .
Then personally appeared the above named , Collector of Taxes
for the of , and acknowledged the foregoing instrument
to be his free act and deed.
Before me,
Justice of the Peace.
My commission expires ,19
No. 11. Form op Deed when the City or Town is the Purchaser under
Sections 48 and 50.
Commonwealth of Massachusetts.
To all Persons to whom these Presents may come,
1913, 311. I, , Collector of Taxes for the [City or Town] of , in
1923, 377, § s. ^i^g County of and Commonwealth of Massachusetts,
Send Greeting:
Whereas, the Assessors of Taxes of said of , in the
lists of assessments for taxes, which they committed to me to collect for the year
one thousand nine hundred and , duly assessed as
owner or occupant of the land in said , which is hereinafter described,
the sum of dollars and cents, for State, County and
[City or Town] Taxes thereon; and whereas there were added to and made a part
of said taxes so assessed on said land certain ajij^ortioned and unapportioned
betterment assessments and certain special assessments, with interest thereon,
constituting a lien on said land, in the sum of dollars and
cents, so that the whole amount of taxes on said land committed to me, including
assessments and interest, was the sum of dollars and
cents; and whereas, on the day of , A.D. 19 , I
duly demanded of said [if the demand was made on a mortgagee or an attorney of
a non-resident owner, here insert the fact] the payment of said taxes,
60 as aforesaid assessed on said land, and the same were not paid; and whereas,
after the expiration of fourteen days from the time of demanding payment of said
taxes as aforesaid, the same still remaining unpaid, I duly advertised that the
smallest undivided part of said land sufficient to satisfy said taxes with interest
and all legal costs and charges, or the whole of said land if no person offers to take
an undivided part thereof, would be sold by public auction for the payment of
said taxes with interest, and all legal costs and charges, on the day
of , A.D. 19 ,at o'clock in the noon, at
the , in said , by publishing an advertisement thereof,
containing also a substantially accurate description, and the names of all owners
of said land, and the amount of the taxes so as aforesaid assessed thereon, in the
, a newspaper published in , in the County where said
land lies, three weeks successively, the last publicatioti whereof was at least one
week before the time appointed for the sale, and by posting the said advertise-
ment in public and convenient places in said , to wit:
the , three weeks before the time appointed for said sale; and
whereas, said taxes so as aforesaid assessed on said land were not i)aid, I pro-
ceeded at the time and ))lace appointed as aforesaid for the sale, to sell said land
by public auction for the discharge atid payment of said ta.xcs thereon with
interest, and said legal costs and charges and no |)erson appeared and bid for the
estate thus offered for sale an amount e(|ual to the said taxes, interest, costs and
charges, and I thereupon, at said time and place appointed for sale, adjourned
Chap. ()().] collection of local taxes. 745
said Side until the day of ,A.D. 10 , at
o'clock in the noon at the same place, and then and there made
public proclamation of said adjournment; and in like manner in all respects and
for the same cause I adjourned said sale [here state the successive dales, hows and
places to whkh the sale was adjourned], and then and there made public proclama-
tion of said adjourmnents; and at the time and place so fixed and proclaimed for
making said sale on each of said several days, I proceeded to offer for sale said
real estate by public auction for the payment of said taxes, interest, costs atid
charges, and no person appeared at either time so fixed by adjournment for said
sale and bid a sum equal to said taxes, interest, costs and charges, and at the time
and place so fixed for said sale by the last of the said adjournments, namely, on
the day of , A.D. 19 , at o'clock in
the noon, I made a public declaration of all the facts hereinbefore
recited; and no person then appeared and bid a sum equal to said taxes, interest,
costs and charges [// only one adjournment is made, change these arerments to
conform to the facts]; and I thereupon then and there immediately gave public
notice that I should, and that I then and there did purchase on behalf of the
said of , said real estate for the sum of
dollars and cents, being the amount of said taxes, interest, costs and
char^^es '
Therefore know ye, that I, the said , Collector of Taxes as afore-
said, by virtue of the power vested in me by law, and in consideration of the
premises, hereby give, grant, bargain, sell and convey unto the said
of , the following described real estate, the same being the land
taxed as aforesaid, to wit: [here describe the estate.]
To have and to hold the same, to the said [City or Town] of ,
and its assigns, to its and their use and liehoof forever; subject to the right of
redemption by any person legally entitled to redeem the same and to all ease-
ments and restrictions lawfully existing in, upon or over said land or appurte-
nant thereto when so taken.
And I, the said Collector, do covenant with the said of ,
and its assigns, that the sale aforesaid has, in all particulars, been conducted
according to law.
In witness whereof, I, the said , Collector as aforesaid, have
hereunto set my hand and seal, this day of , in the
year of our Lord one thousand nine hundred and
[seal.]
Collector of Taxes for the of
Sigiied, sealed and delivered in presence of
ss. 19 .
Then personally appeared the above named , Collector of T.axes
for the of , and acknowledged the foregoing instru-
ment to be his free act and deed.
Before me,
Justice of the Peace.
My commission expires , 19
No. 12. Form of Deed to City or Town, when the Purchaser fails to
pay, etc., under sections 49 and 50.
Commonwealth of IVIassachusetts.
To all Perso7is to whom these Presents may come,
I, , Collector of Taxes for the [City or Town] of , \l\l' |1^; 5 43.
in the County of and Commonwealth of Massachusetts, 1919! 5.
■' 1920, 2.
Send Greeting : 1923, 377, § s.
Whereas, the Assessors of Taxes of said of , in the
lists of assessments for taxes, which they committed to me to collect for the
746 COLLECTION OF LOCAL TAXES. [ChAP. 60.
year one thousand nine hundred and , duly assessed
as owner or occupant of the land in said , which is hereinafter
described, the sum of dollars and cents, for State, County
and [City or Town] Taxes thereon; and whereas there were added to and made
a part of said taxes so assessed on said land certain apportioned and unappor-
tioned betterment assessments and certain special assessments, with interest
thereon, constituting a lien on said land, in the sum of _ dollars and
cents, so that the whole amount of taxes on said land committed
to me, including assessments and interest, was the sum of dollars
and cents; and whereas, on the day of ,
A.D. 19 , I duly demanded of said [(/ the demand zaas made on a mortgagee or
an attorney of a non-resident owner, here imert the fact] the payment
of said taxes, so as aforesaid assessed on said land, and the same were not paid;
and whereas, after the expiration of fourteen days from the time of demanding
payment of said taxes as aforesaid, the same still remaining unpaid, I duly
advertised that the smallest undivided part of said land sufficient to satisfy
said taxes with interest and all legal costs and charges, or the whole of said land
if no person offers to take an undivided part thereof, would be sold by public
auction for the payment of said taxes with interest, and all legal costs and
charges, on the day of , A.D. 19 , at
o'clock in the noon, at the , in said , by
publishing an advertisement thereof, containing also a substantially accurate
description, and the names of all owners of said land known to me, and the
amount of the taxes so as aforesaid assessed thereon, in the , a
newspaper published in , in the County where said land lies, three
weeks successively, the last publication whereof was one week before the time
appointed for the sale, and by posting the said advertisement in
public and convenient places in said , to wit: the _ ,
three weeks before the time appointed for said sale; and whereas, said taxes so
as aforesaid assessed on said land were not paid, I proceeded at the time and
place appointed as aforesaid for the sale, to sell said land by public auction for
the discharge and payment of said taxes thereon with interest, and said legal
costs and charges, and, no person offering to take an undivided part of the land
for the amount of the taxes and necessary intervening charges, the whole of the
said real estate was struck off to of in the County of
and State of for the sura of dollars and
cents, being the amount of the taxes and necessary interv^ening
charges; and whereas, the said failed to pay to me the sum offered
by him as aforesaid, and receive his deed of the premises bid off by him, within
twenty days after the said sale, and the said sale became null and void, and the
said of thereby became the purchaser of the premises
so bid off by the said for the sum of dollars and
cents, being the amount of said taxes, interest, costs and charges;
Therefore know ye, that I, the said , Collector of Taxes as
aforesaid, by virtue of the power vested in me by law, and in consideration of
the premises, hereby give, grant, bargain, sell and convey unto the said
of , the following described real estate, the same
being the land taxed as aforesaid, to wit: [here describe the estate.]
To have and to hold the same, to the said of , and
its assigns, to its and their use and behoof forever; subject to the right of re-
demption by any person legally entitled to redeem the sanie, and to all ease-
ments and restrictions lawfully existing in, upon or over said land or appurte-
nant thereto when so taken.
And I, the said Collector, do covenant with the said _ of
and its assigns, that the sale aforesaid has in all particulars been
conducted according to law.
In witness whereof, I, the said , Collector ;is aforesaid, have
hereunto set my hand and seal, this day of , in the
year of our Lord one thousand nine hundred and
.[seal.]
Collector of Taj:es for the of
Signed, sealed and delivered in presence of
Ch.\p. go.] collection of local taxes. 747
ss. 19 .
Then personally appeared the above named , Collector of Taxes
for the of , and acknowledged the foregoing instru-
ment to be his free act and deed.
Before me,
Justice of the Peace.
My commission expires , 19
No. 13. Form or Notice of Intention to take Real Estate under Sec-
tion 53.
Collector's Notice.
The owners and occupants of the following described parcels of real estate 1913, 311.
situate in the of , in the County of ,
and Commonwealth of Massachusetts, and all other persons, are hereby noti-
fied that the taxes thereon, severally assessed for the year hereinafter specified,
according to the list committed to me as Collector of Taxes for the said
of , by the Assessors of Taxes of said , remain
unpaid, and that said parcels of real estate will be taken for the said
of , on the day of , A.D.
19 , at o'clock M., for the payment of said taxes, together with
the interest, costs and charges thereon, unless the same sliall be previously
discharged. [Here state the lurmes of the person assessed, and all owners known
to the collector, a description of the parcel or parcels of kmds, the year for which the
taxes were assessed, and the sum assessed upon each parcel.]
Collector of Taxes for the of
No. 14. Form of Taking of Real Estate under Section 54.
WTiereas, the tax assessed by the assessors of as of the first day of J^i3. sn.
April, in the year 19 , upon as the owner or occupant of the real " '
estate hereinafter described, was duly committed to me as Collector of Taxes for
said of ; and whereas, the said taxes, with apportioned
and unapportioned betterment assessments and special assessments, with interest
thereon, constituting a lien on said land, which had been added thereto, amount-
ing to dollars and cents, have not been paid; and
whereas, a demand for the payment of said taxes and the interest, costs and
charges then due was made by me on the said on the
day of , last past, in conformity to law; and whereas, notice of my
intention to take said real estate by virtue of the authority vested in me as Col-
lector of Taxes for said has been duly given, as by law required;
and whereas, the said taxes, at the date of this instrument, remain unpaid; now,
therefore, KNOW ALL MEN BY THESE PRESENTS, that I, , as
Collector of Taxes as aforesaid, by virtue of the power and authority in me
vested as aforesaid, have taken, and by these presents do take, for the said
of , subject to redemption according to law, and to all
easements and restrictions lawfully existing in, upon or over said land or apjjur-
tenant thereto when so taken, the following described lot or parcel of land, witli
the buildings thereon, the same being the estate assessed as aforesaid, to wit:
[here describe the estate.]
The said is the only person known to me as owner of the above
described estate. [// the foregoing statement is not true, stale the names of all
oivners knoicn to the collector.]
In witness whereof, I, the said , as Collector as aforesaid, hereunto
set my hand and seal this day of , in the year nineteen
hundred and
[seal.]
Collector of Taxes for the of
748
COLLECTION OF LOCAL TAJCES.
[Chap. 60.
No. 15. Form of Affidavit under Section 57 of Collector, DEPrxY Col-
lector OR Disinterested Person to be recorded in the Registry
OF Deeds that DE^L^ND has been rl^de.
S,
19
1913, 311. I [A B, Collector, Deputy Collector or a disinterested person,] hereby certify that
on the day of , 19 , I served upon [or
witnessed the service upon of] a demand for the payment of a
tax of dollars assessed upon him by the asses.sors of ,
in 19 , upon the estate in said [here give a substanlially accurate
description of the estate], with a notice that if said amount and interest thereon,
together with the legal costs and charges, were not paid within fourteen days
from the date thereof, the said estate would be sold by public auction, pursuant
to law.
commonwealth of MASSACHUSETTS.
,ss. 19 .
Then personally appeared the said , and made oath that this
Before me.
statement by him subscribed is true.
My commission expires
,19
Justice of the Peace.
No. 16. Form of Affid.wit under Section 57, as to Demand, wtien the
Demand is made upon Two or More Persons.
S,
19
1913, 311. I [A B, Collector, Deputy Collector or a disinterested person,] hereby certify that
on or since the day of 19 , I served [or witnessed
the service] on each of the parties hereafter mentioned, on the date and in the
manner specified, as may be seen by reference to their respective names, [of] a
demand like the blank hereunto attached, the blanks being first filled witli the
d;ite, name, amount of the tax, and location of the real estate.
Names.
Amount of Tax.
Manner and Date of Service.
COMMONWEALTH OF MASSACHUSETTS.
, ss. S,
Then personally appeared the said
above statement by him subscribed is true.
19
, and made oath that the
Before me,
Justice of the Peace.
My commission expires , 19 .
[Here annex the blank fwm, No. 8, referred to in the affidavit.]
Chap. 60.] collection of local taxes. 749
No. 17. Form of Affidavit under Section 57 of Posting and Publishing
Advertisement of Sale.
S, , 19 .
I, A B, of , in the County of , and i9i3.3ii.
Commonwealth of Massachusetts [Collector, Deputy Collector or a disinterested
pei'son,] hereby certify that three weeks before the time of sale I posted [or wit-
nessed the posting] pursuant to law [of| the printed notice of the Collector of
Taxes, a copy whereof is hereto annexed, in a convenient and public place in his
precinct, to wit: the , in said [here name the cilij or town], and that
said notice was advertised three weeks successively in the , a news-
paper pubUshcd in [here name ike city or toirn, or if there is no svch nexcspaper,
state that fact and. add: in said County], the last publication being at least one
week before the advertised time of sale, in accordance with law.
AB.
commonwealth of MASSACHUSETTS.
H ,ss. S, , 19 .
Then personally appeared the above named , and made oath
that the foregoing statements by him subscribed are true.
Before me,
Justice of the Peace.
My commission expires ,19 .
[Here annex a copy of the adrertisement.]
No. 18. Form of Affidavit under Section 57 of Demand and Notice to
BE annexed to the INSTRUMENT OF TAKING.
I, C D, of in the County of , and ""s. 3ii.
Commonwealth of Massachusetts, on oath depose and say that on the '®"^' ^^^' ^ '
day of , A.D. 19 , I, as Collector of Taxes for the
of , made a written demand on for the amount of the
tax assessed by the assessors of said of , as of the first
day of April, A.D. 19 , upon the said , with apportioned and
unapportioned betterment assessments and special assessments, with interest
thereon, constituting a lien thereon, which had been added thei-eto, and with
the interest, costs and charges, then due, on certain real estate situated in said
_of _ , by [here state manner in which the demand was
made], of which the following is a true copy:
"C, , 19 .
To , I hereby demand of you the payment of dollars
and cents, that being the amount of tax assessed for the year 19
by the assessors of , on the real estate [here describe the estate]
owned by you. You are hereby notified that if said amount, together with the
interest, costs and charges thereon, is not paid within fourteen days from this
date, the said real estate will be taken for said taxes for the said Jcity or town]
of . Tax, $ ; interest, costs and charges, $
CD,
Collector of Taxes for the of ."
[If notice is piihlished and posted, add:] And I, the said C D, do further depose
and say that I posted and published notices, of which the following is a copy
[here annex a copy of the 7wtice], as follows: A copy thereof was posted on [here
state where posted], and I also published a copy of said notice in the ,
a newspaper published in said [// there be no such paper piihlished
in said town, stale the fact and add, "in in said county"], three
750 COLLECTION OF LOCAL TAXES. [ChAP. 60.
weeks successively, that the posting of said notices and the first publication
thereof were more than fourteen days after making the demand as aforesaid;
and I do further depose and say that, at the date of the instrument of taking,
hereto annexed, the amount of taxes due on the estate therein described, with
the interest, costs and charges, amounted to the sum of dollars and
cents, and that the parcel or parcels of land were taken for the rea-
son that the taxes remained unpaid at the tiine of the said taking.
Collector of Taxes for the of
ss. , 19 .
Then personally appeared the above named C D, and made oath that the
foregoing affidavit by liim subscribed is true.
Before me,
Justice of the Peace.
My commission expires ,19
No. 19. Form of Deed by City or Town when Estate is redeemed
LTNDER Section 62, to be executed by the Proper Officers of the
City or Town.
KNOW ALL MEN BY THESE PRESENTS,
1913, 311. That the of , in consideration of , to it
paid by of , the receipt whereof is hereby acknowledged,
does hereby remise, release, and forever quitclaim unto the said all
the right, title and interest which the said of acquired, by
or under a deed made to it [or taking made in its behalf] by the
Collector of Taxes for said city [or town] of , dated the
day of in the year of our Lord one thousand nine hundred and
, and recorded with Deeds, Volume Page
in and to the following parcel of real estate in said , viz.:
[here describe the real estate.]
To have and to hold the above released premises, with all the privileges and
appurtenances to the same belonging, to the said , h heirs
and assigns, to h and their use and behoof forever.
In witness whereof, the .said of has caused its
corporate seal to be hereunto affixed, and these presents to be signed, acknowl-
edged and delivered in its name and behalf by , its ,
hereto duly authorized, this day of , in the year of
our Lord nineteen hundred and
City [or Town] of . [seal.]
Signed and sealed in the presence of By .
ss. 19 .
Then personally appeared the above named of
for the city [or town] of , and acknowledged the fore-
going instrument to be the free act and deed of said city [or town] of
Before me,
Justice of the Pecux.
My commission expires , 19
Chap. 60.] collection of local t.\xes. 751
No. 20. Form of Certificate under Section 63.
Whereas, I, , Collector of Taxes for the of 1913, 3ii.
, County of and Commonwealth of Massachusetts, for Jblg; 5 ■ *
the year 19 , did sell and convey certain real estate to by deed i92o! 2.
dated , 19 , and recorded in the Registry of Deeds,
in Book Page , for the non-payment of a tax as-
sessed thereon to in the year 19 , which real estate is described
as follows, viz.: [here describe the real estate.]
And Wliereas of in the County of
and State of was assessed > 1^ . >
as owner or occupant of said property, and he alleges that he is a person having
an interest in the property and as such desires to redeem the same from the sale
in pursuance of Section 62 of Chapter 60 of the General Laws;
And Whereas the said has this day paid to me the following
sums to redeem said property from said sale, to wit:
Amount for which it was sold $
Interest at 8% from date of sale,
Examination of title,
Deed of release, \
Recording, /
Additional sum as per statute, 1 00
Therefore, I, the said Collector of Taxes, for the said of
hereby certify that I have received from the said the said sum of
dollars and cents, ($ ) for the purpose
aforesaid.
Dated this day of , A.D. 19 .
Collector of Taxes for the of
No. 21. Form of Receipt by Collector to a Mortgagee, under Sec-
tion 58.
S, , 19 .
I, , Collector of Taxes for the of , wia, 311.
hereby certify that the Assessors of Taxes of said of , in ig}*] l^^' ^*'
the hst of assessments for taxes, which they committed to me to collect for the i92o! 2.
year one thousand nine hundred and , duly assessed
the sum of dollars and cents, as owner or occu-
pant of the real estate situated and described as follows, viz.: [here describe the
real estate.]
And I further certify that the said
neglected to pay such tax within the year for which it was assessed, and that
who claims to be the holder of a mortgage upon said real
estate, has paid to me the sum of dollars and cents,
being the amount of said tax, with all interest, costs and charges, the receipt of
which I hereby acknowledge.
Collector of Taxes for the of
ss. , 19
Then personally appeared the above named and made oath
that the foregoing statement by him subscribed is true.
Before me,
Justice of the Peace.
My commission expires , 19 .
752
[Chaps. 60, 60A.
No. 22. Forms of Notices when Tax Title is deemed Invalid, under
Sections 82 and 84.
[from the assessors to the collector.]
Office of the Board of Assessors,
19
To the Collector of Taxes for the of
1913, 311. ,§,y • You are hereby notified that the tax assessed as of the first day of April,
19 , in the name of upon an estate estimated to contain [here
insert area] land, situated {here insert the name of street or other description] was
invalid by reason of error in assessment; and that any deed given by you in
consequence of a sale for the non-payment of such tax conveyed no valid title
to the purchaser.
Board of Assessors of the of , by
One of said Assessors.
No. 23.
To.
[from the collector to the holder of the title.;
B,
19
1913, 311. You are hereby notified that I have reason to believe that the title conveyed
to by , Collector, and recorded with
Deeds, Volume Page , of an estate described as follows
[here describe estate],
in the name of , is invalid by reason of an error
in the assessment for the year 19 , [or in the proceedings for the sale.] [Here
give a brief statement uf the defect]
: and I do hereby
notify and require you, within thirty daj's from the time when this notice shall
be served upon you, to surrender and discharge the deed so given, and to receive
from the of the sum due therefor, with interest as pro-
vided by law, or to file with the Collector a written statement that you refuse
to make such surrender and discharge.
Collector of Taxes for the
of
CHAPTER 60A.
EXCISE TAX ON REGISTERED MOTOR VEHICLES IN LIEU OF
LOCAL TAX.
Sect.
1. Excise tax on registered motor vehicles,
assessment and levy.
2. Collection of tax. Abatement.
3. Local collectors to have certain
remedies.
Sect.
4. Law respecting registration of motor
vehicles not affected.
5. Rules and regulations.
6. Where taxes laid and collected.
onfSstCTed SECTION 1. Except as hereinafter provided, there shall be assessed
motor vehicles, ^nd Icvlcd in each calendar year on eacii motor vehicle registered under
and levy. tiic provisloHS of chapter ninety and customarily kept within the com-
i93o! 220^ 5 13; monwcalth, for the privilege of operating such motor vehicle upon the
244, s 1.
CJlAl'. GOA.] EXCISE T.\X ON REGISTERED MOTOR VEHICLES. 753
5 highways during such year, an excise tax upon the vahie thereof, as here-
6 inafter defined and determined, at the average state rate for the calendar
7 year, as determined in the manner provided in section fifty-eight of chap-
8 ter sixty-three. For the purpose of this tax the value of each such motor
9 vehicle shall be deemed to be the value, as determined by the commis-
10 sioner of corporations and taxation, hereinafter referred to as the com-
11 missioner, of motor vehicles of the same make, type, model, and year of
12 manufacture, but not in excess of the following percentages of the list
13 price established by the manufacturer for the year of manufacture,
14 namely : —
In the year of manufacture
In the second year .
In the third year
In the fourth year
In the fifth and succeeding years
90%
60%
40%
25%
10%
15 Nothing in this section shall be construed to prevent the local assessors
16 from granting an abatement in any case in which the valuation aforesaid
17 is in their opinion excessive.
18 The tax imposed by this section shall not apply to motor vehicles
19 owTied and registered by the commonwealth or any political subdivision
20 thereof, or registered by manufacturers, dealers or repairmen luider
21 section five of said chapter ninety, or to motor vehicles owned and regis-
22 tered by any corporation other than a domestic business, domestic
23 manufacturing, foreign or public service corporation, or by an association,
24 whose personal property is exempt from taxation under section five of
25 chapter fifty-nine.
26 If a motor vehicle is registered after January thirty-first of any year
27 the tax imposed by this section shall be that proportion of the tax for a
28 full year which the number of months in said year following the last day
29 of the month preceding that in wliich the motor vehicle is registered bears
30 to twelve. If a registered motor vehicle is sold or its ownership trans-
31 ferred during any calendar year, and if notice to the former owner of a
32 tax on account thereof for that year has already been issued pursuant to
33 section two, that proportion of the tax for a full year which the number of
34 months in said year remaining after the last day of the month in which
35 such sale or transfer occurred bears to twelve shall be abated. If, how-
36 ever, the tax payer has not been notified of said tax before notice of such
37 sale or transfer has been received by the local board of assessors, only
38 that proportion of the tax for a full year which the number of months in
39 said year prior to the first day of the month ne.xt following the month in
40 which said sale or transfer occurred bears to twelve shall be assessed.
41 The tax assessed under this section shall not be less than two dollars and
42 no abatement under this section shall reduce the tax collected to less than
43 two dollars.
1 Section 2. The local boards of assessors shall assess the tax imposed ^°'ax"°°
2 by section one, and commit the same to the collector of taxes with their f^2^g''5^9"*j j
3 warrant for the collection thereof. The tax shall be assessed to the owner 1930, 244] § 2;
4 of the motor vehicle registering the same, and the registrar of motor
5 vehicles shall promptly transmit to the commissioner a notice of each
6 registration of a motor vehicle subject to this tax, giving the name and
7 home address of the owner, if an individual, or the name and principal
8 place of business in this commonwealth, if a corporation, partnership or
754 EXCISE TAX ON REGISTERED MOTOR VEHICLES. [ChAP. 60A.
voluntary association, the municipality in which the vehicle is custom- 9
arily to be kept, the name of the maker, the year of manufacture and the 10
model and type of vehicle. Tlie commissioner may require from the 11
owner such further information as may be necessary for the purposes of 12
this chapter. The commissioner shall, as soon as may be, transmit to 1.3
the local boards of assessors the registrations sent to him by the registrar 14
of motor vehicles, and, under such provisions as he deems best, make 1-5
available to the local assessors information showing the values as deter- IG
mined under section one. The tax hereunder shall be due and payable 17
at the expiration of thirty days from the date upon which the notice was IS
issued by the collector pursuant to this section. The local tax collector 19
shall seasonably notify the owner of the tax assessed and the due date, 20
but failure to receive notice shall not affect the validity of the tax. _ The 21
owner may within six months of the date of the issuing of the notice of 22
assessment or of the date of sale or transfer, but not later than January 2.3
thirty-first of the succeeding year, apply to the local assessors for abate- 24
ment, and, from their decision upon such application, an appeal may be 25
taken to the county commissioners or to the board of tax appeals, all in 26
accordance with the provisions of section sixty-four or sixty-five of chap- 27
ter fifty-nine. If an abatement is granted, any overpayment with interest 28
thereon at the rate of six per cent per annum from the date of payment 29
shall be refunded by the city or town treasurer from any available funds, 30
upon certification by the tax collector and approval for payment as re- 31
quired by section fifty-two of chapter forty-one, without any appropria- 32
tion therefor by the municipality. Owners who neglect to pay taxes 33
assessed under this chapter shall pay interest at the rate of six per cent per 34
annum from the time when such taxes were payable until paid, if such 35
payment is made before the commencement of proceedings for recovery 36
thereof, and twelve per cent if made after the commencement thereof. 37
The notice issued pursuant to this section shall bear on its face a state- 38
ment of the time within which petitions for abatement of the tax may be 39
filed. 40
Local collectors SECTION 3. In the Collection of this tax, the local collectors shall have 1
to have cer- • i i i i * .^
tain remedies, all the rcmcdies providcd by chapter sixty. 2
192S, 379, § 1.
Law respecting SECTION 4. This chapter shall not be construed to alter or amend 1
registration of f^ . . , , . , ,,
motor vehicles provisions of law With respcct to the registration or motor vemcles. 2.
not affected. ^^^8, 379, % 1.
Rules and SECTION 5. The Commissioner shall from time to time make such 1
regulations
<>
1928, 37°j, 8 1. reasonable rules and regulations as he may deem necessary for carrying
out the provisions of this chapter. 3
Where taxes SECTION 6. The taxcs assesscd under this chapter shall be laid and 1
coUeJt'ed. collected at the home address of the owner, if an individual, or at the 2
1928, 379, § 1. principal place of business in this commonwealth, if a partnership, volun- 3
tary associaticm or corporation, as determined by the owner's rcgistra- 4
tion, except that if a motor vehicle is customarily kept in some other 5
municipality, the tax shall be laid and collected in such other 6
municipality. 7
CiL\p. 61.]
TAXATION OF FOREST PRODUCTS AND LANDS.
755
CHAPTER 61.
TAXATION OF FOREST PRODUCTS AND CLASSIFICATION AND
TAXATION OF FOREST LANDS.
Sect.
1. Classification of forest lands.
2. Classified forest land. Certificate,
valuation for tax purposes, etc.
3. Taxation.
Sect.
4. Forest products tax on standing timber
on certain classified forest land.
Withdrawal from classification.
5. Disputes, settlement by state forester.
6. Penalty.
1 Section 1. An owner of forest land, valued on the town tax list of the classification
2 preceding year for hind and growth at not more than twenty-five dollars 1922, seo, § 1.'
3 per acre, and which does not contain more than twenty cords per acre on
4 the average, but which is so stocked with trees.as to promise a minimum
5 prospective average yield per acre, exclusive of water, bog or ledge, of
6 twenty thousand board feet for soft woods, or eight thousand board feet
7 for hard woods, or for mixtures of the two, such \olume between said
8 limits determinable by the relative percentages of the two classes of
9 growth, may apply in writing to the town assessors to have said land
10 listed as classified forest land, and such application shall contain a
11 description of said land sufficiently accurate for identification.
1 Section 2. Within thirty days after the receipt of said application classified
2 the assessors shall decide whether the property fulfills the requirements cenificTa'te.'
3 for classification, and shall notify the owner of their decision, giving ux^pil-poJes'!
4 their valuation of the tract as land alone, and if within ten days of noti- J^g'g, seo, § 1.
5 fication the owner accepts their decision the assessors shall give him a
6 certificate containing the name of the owner and a description of the
7 parcel to be classified, and stating that the land described conforms to
8 the requirements for classification under this chapter. Upon the record-
9 ing of this certificate by the owner in the registry of deeds for the county
10 or district where the land lies, the parcel shall become classified forest
11 land. Each parcel of land so classified shall thereafter be designated in
12 the annual valuation list of the town, in the column provided for the
13 description of each parcel of land, as classified forest land so long as the
14 parcel remains so classified. The valuation and tax annually assessed
15 upon land classified under this chapter shall not include the value of
16 forest trees growing thereon. When classified forest land is sold or other-
17 wise changes title, the obligations and benefits of this chapter shall
18 devolve upon the new holder of the title.
1 Section 3. The standing growth on classified forest land shall not be Taxation.
2 taxed, but the owner of such land, except as hereinafter provided, shall
3 pay a products tax of six per cent of the stumpage value upon all wood
4 or timber cut therefrom, and one tenth of such taxes collected by the
5 town shall be paid to the state treasurer. Trees standing on such land
6 shall not be included in the town valuation in apportioning the state or
7 county tax among the towns. But an owner of classified forest land
8 may annually cut, free of tax, wood or timber from such land, not ex-
9 ceeding twenty-five dollars in stumpage value; provided, that such
10 wood or timber is for his own use or for that of a tenant of said land only.
756
TAXATION OF FOREST PRODUCTS AND LANDS.
[Chap. 61.
Buildings or other structures standing on classified forest land shall be 11
taxed as real estate with the land on which they stand. Classified forest 12
land shall be subject to special assessments and betterment assessments. 1.3
The owner shall make a sworn return to the assessors before May first 14
in each year of the amount of all wood and timber cut from such land 15
during the year ending on the preceding April first. 16
Forest produrts
tax on standing
timber on cer-
tain classified
forest land.
Withdrawal
from classifi-
cation.
1922, 360, § 1.
Section 4. ^Yhen in the judgment of the assessors classified forest 1
land contains on the average per acre twenty-five thousand board feet 2
for soft woods, or ten thousand board feet for hard woods, or for mix- .3
tures of the two such volume between said limits determinable by the 4
relative percentages of the two classes of growth, they shall notify the 5
owner that two years from date of notification the forest products tax 6
of six per cent of the value of the standing timber based on the above 7
volumes will be levied and that the land and timber will at that time be 8
taken from the classified list and placed in the general property tax list. 9
Should the owner elect to reduce within two years, the volume of timber 10
below the volume mentioned in the preceding sentence the land shall 11
remain classified, but, if at the end of five years from time of cutting, 12
the growing stock on the tract does not meet the requirements for classi- 13
fication contained in section one, the tract may be taken from classifi- 14
cation by the assessors, and any taxes due thereon collected. An owner 15
may withdraw his land from classification at any time by the payment 16
of the land tax, and the forest products tax of six per cent on the esti- 17
mated value of the standing timber. Within thirty days after an owner IS
requests to withdraw his land from classification the assessors shall 19
determine the taxes due thereon, which shall be paid before the land is 20
taken from the classified list. When in the judgment of the assessors 21
classified forest land becomes more valuable for other use than the pro- 22
duction of trees, they may, after thirty days' notice, withdraw said land 23
from classification, and any taxes due thereon shall be paid at the time 24
of withdrawal; provided, that the owner may appeal from such with- 25
drawal to the commissioner, whose decision shall be final. Whenever 26
land is withdrawn from classification, the assessors shall record in the 27
registry of deeds for the county or district where the land lies a certifi- 28
cate setting forth such withdrawal, and containing reference by book 29
and page to the record of the certificate under which said land was 30
classified. 31
Disputes,
settlement by
state forester.
1922, 360, § 1.
Section 5. In case of dispute as to the eligibility of land for classifi-
cation, or as to the volume of wood or timber contained on such land or
cut therefrom, either party may appeal to the state forester, who shall
examine the property and hear both parties, and whose decision shall be
final.
Penalty.
1922, 360, 5 1.
Section 6. Any owner of classified forest land who fails to comply
with the requirements of this chapter shall, upon conviction thereof, be
punished by a fine of not less than ten dollars nor more than five hun-
dred dollars, and in addition to said penalty the land may be withdrawn
from classification by the assessors.
Chap. 62.]
TAXATION OF INCOMES.
757
CHAPTER 62.
TAXATION OF INCOMES.
Sect.
taxation of income from certain in-
tangibles.
1. Taxation of income derived from cer-
tain intangibles.
2. Deduction of interest on certain debts.
3. Determination of interest deduction,
filing of return, etc.
4. Interest deductions of certain associ-
ations, etc.
TAXATION OF INCOME FROM ANNUITIES,
PROFESSIONS, EMPLOYMENTS, TRADE
AND BUSINESS.
5. Income of certain classes to be taxed.
6. Determination of taxable income from
profession, employment, etc. De-
ductions.
7. Methods of determining taxable in-
come.
EXEMPTIONS.
8. Exemptions.
TAXATION OF ESTATES AND FIDUCI.IRIES.
9. Estates of deceased persons.
10. Income from trust estates. Deduc-
tions.
11. Income received by resident from non-
resident trustee.
12. Trustee may claim exemptions for bene-
ficiary. Procedure.
13. Provisions relative to trustees to apply
to other fiduciaries. Exception.
li. Corporation acting as trustee, etc., to
be subject to tax.
15. Corporate trustees to make returns and
be subject to penalties.
16. Commissioner, with attorney general,
may agree upon taxes of trustees.
etc.
TAXATION OF PARTNERSHIPS.
17. Partnerships.
18. Exemption, etc., of partners, how de-
ducted.
19. Resident member of foreign partner-
ship.
20. Certain provisions to apply to partner-
ships.
21. Certain provisions not to apply to as-
sociations, etc., hav-iug transferable
shares.
Sect.
RETURNS.
22. Persons required to make returns.
Contents.
23. Executors, etc., to m.ake returns.
24. Returns to be on oath. Place and
date of filing. Period included.
25. Persons subject to taxes imposed by
this chapter. Returns by certain
individuals or fiduciaries.
26. Blanks to be provided, etc.
27. Seasonable notice, etc.
28. Omitted or supplementary returns.
29. Commissioner may extend time for fil-
ing return.
30. Verification of return.
31. Writ of mandamus to compel filing
return.
32. Returns to be open to inspection of cer-
tain officials, etc.
INFORMATION AT THE SOURCE.
33. Employers, corporations, etc., required
to file certain returns, lists and re-
ports.
34. Certain officers to furnish names and
addresses of certain public employees.
assessment and ADMINISTRATION.
35. Commissioner to determine incomes
and assess tax, etc.
36. Assessment, how determined, when no
return is filed, etc.
37. Assessment after verification of return,
etc. Abatement, etc.
3S. Rules and regulaticjns.
COLLECTION.
39. Commissioner to give notice of date
tax is due, etc.
40 Taxes collected to be accounted for
each week.
41. Interest. Remedies of commissioner.
42. Fiduciaries to be personally liable, etc.
43.
44.
45.
ABATEMENTS.
Abatement by commissioner.
Abatement forbidden and limited in
certain cases.
Appeal from decision of commissioner
to board of tax appeals. Abatement
of unpaid and uncollectible taxes.
758
TAXATION OF INCOMES.
[Chap. 62.
Sect.
46.
Treasurer to
repay amount of abate-
ment, etc.
47.
[Repealed.]
48.
Remedies under this chapter exclusive
etc.
ADDITIONAL LOCAL TAXES.
49.
[Repealed.]
50.
[Repealed.]
51.
[Repealed.]
52.
[Repealed.]
53.
[Repealed.]
Sect.
constitntionalitt.
54. Unconstitutionality of part of chapter,
effect.
PENALTIES.
55. Penalty for late return.
56. Penalty for fraudulent return, etc.
57. Penalty for failure to give information
at the source.
58. Penalty for disclosure of information,
except, etc.
59. Penalties to apply to fiduciaries.
60. Certain partnerships, etc., penalties
imposed, how inflicted.
Taxation of
income derived
from certain
intangibles.
1916, 269, § 2.
227 Mass. 522.
229 Mass. 120.
Interest from
bonds, etc.,
except, etc.
1918,7; 120.
1923, 378, § 1.
245 Mass. 353.
255 Mass. 546.
268 Mass. 365.
273 Mass. 208.
Op. A. G.
(1917) 85.
1924, 15, § 1.
252 Mass. 180.
1918, 150.
1923, 287, § 1.
261 Mass. 134.
Dividends on
shares in
corporations,
etc., except,
etc.
1920, 352.
1923, 487, 5 3.
1925, 343,
§§ 7, 13.
1926, 222.
234 Mass. 470.
238 Mass. 596.
244 Mass. 40.
Dividends on
shares in
certain part-
nerships, etc.,
except, etc.
TAXATION OF INCOME FROM CERTAIN INTANGIBLES.
Section 1. Income of the classes described in subsections (a), (b),
(c) and (e) received by any inhabitant of the commonwealth during the
preceding calendar year, shall be taxed at the rate of six per cent per
annum.
230 Mass. 503, 554.
234 .Mass. 42.
237 Mass. 493.
240 Mass. 37.
247 Mass. 496.
256 Mass. 426.
269 Mass. 279.
(a) Interest from bonds, notes, money at interest and all debts due
the person to be taxed, except from:
First, Deposits in any savings bank chartered by the commonwealth
or in the Massachusetts Hospital Life Insurance Company, or in the
savings department of any trust company so chartered, and deposits in
any bank situated in the state of New Hampshire, so long as the provi-
sions of chapter one hundred and eighty-nine of the Public Acts of nine-
teen hundred and seventeen of that state remain in force, and deposits
in any bank in any other state which exempts from taxation to its inhabit-
ants similar deposits, and interest and dividends thereon, owned by such
inhabitants in banks in this commonwealth.
Second, Bonds, notes and certificates of indebtedness of the United
States and such bonds, notes and certificates of indebtedness of the com-
monwealth and of political subdivisions thereof as are exempted from
taxation by clause twenty-fifth of section five of chapter fifty-nine.
Third, Loans secured exclusively by duly recorded mortgage of real
estate, taxable as real estate, situated in the commonwealth, to an amount
not exceeding the assessed value of the mortgaged real estate less the
amount of all prior mortgages.
Fourth, Loans made in the course of business by persons subject to the
provisions of sections seventy to eighty-five, inclusive, of chapter one
hundred and forty.
(6) Dividends, other than stock dividends paid in new stock of the
company issuing the same, on shares in all corporations and joint stock
companies organized under the laws of any state or nation other than this
commonwealth, except banks which are subject to taxation under section
two of chapter sixty-three, and except such foreign corporations as are
subject to a tax upon their franchises payable to the commonwealth under
section fifty-eight of chapter sixty-three.
5
6
7
8
9
10
11
12
1.3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
256 Mass. 419.
258 Mass. 379.
262 Mass. 1.
267 Mass. 115.
273 Mass. 187, 208.
Op. A. G. (1920) 208.
(c) Dividends, other than stock dividends paid in new stock of the .34
partnership, association or tru.st issuing the same, on shares in i)artner- 35
Chap. 62.] taxation of incomes.
759
3f) ships, associations or trusts, the beneficial interest in which is rcpre- 1020, 352. ^^^
37 scnted by transferable shares, except dividends on shares of the following :
Op. A. G. (1920) 206, 208.
38 First, Partnerships, associations or trusts, which file with the commis- 1025, 223.
39 sioner the agreement hereinafter provided for, and the property of which 238 Mass.' s96.
40 consists exclusively of one or more of the following specified kinds of
41 property, to wit: real estate wherever situated and supplies therefor and
42 receipts therefrom; stocks of corporations taxable under chapter sixty-
43 three, bonds, notes, loans secured by mortgage of real estate, and certifi-
44 cates of indebtedness, the income of which is exempt from taxation under
45 this section; property the income of which, if any, would be taxable under
46 this section if owned by an inhabitant of the commonwealth; shares in
47 partnerships, associations or trusts, dividends on which are exempt from
48 ta.xation under this section.
49 Second, Partnerships, associations or trusts, the beneficial interest in
50 which is represented by transferable shares, which file such agreement
51 and furnish satisfactory proof to the commissioner that two thirds, at
52 least, of their taxable property is taxed within the commonwealth and
53 that the remainder, if taxable, is taxed where situated.
54 (f/) Partnerships, associations or trusts, the dividends on shares of J^^.^'h^^^PIJ*:,
55 which are exempt from taxation under this section, shall pay to the coni- ^°p^>„^^°;>j"^^
56 missioner annually a tax of six per cent of the income derived from their income.
57 property, so far as such income would be taxable under this section if
58 received by an inhabitant of the commonwealth.
59 (e) Dividends on shares of any partnership, association or trust, of the c«^^^^'°^^^j^
60 classes designated in paragraphs first and second of subsection (c), shall to taxation,
61 be subject to taxation under this section unless the trustees or managers "" "^^^ '"•
62 thereof file with the commissioner, in such form as he determines, its
63 agreement to pay to the commonwealth annually the tax imposed by
64 subsection (d) and any tax imposed by section five. In case of any breach Enforcement
65 of the terms of any such agreement, the same may be enforced by infor- agreement.
66 mation in equity brought by the attorney general at the relation of the
67 commissioner in the supreme judicial court for Suffolk county. This
68 remedy shall be in addition to all other means of collection provided by
69 this chapter, and to the penalties hereinafter imposed.
70 (/) For the purposes of this chapter any securities of the classes desig- Cenain^ecmi-
71 nated in this section, held in pledge, or on margin or otherwise, by an to be property
72 agent or broker as security for a debt of his principal, whether standing eL"?"""^* '
73 in the name of the principal or any other person, shall be deemed the
74 property of the principal, and the income arising therefrom shall be in-
75 eluded in the total income of the principal under this section.
76 ig) No distribution of capital, whether in liquidation or otherwise, ^^f^^J^^^IH^
77 shall be taxable as income under this section; but accumulated profits certain profits.
11 -111- • ■ ^°'^ regarded.
78 shall not be regarded as capital under this provision.
234 Mass. 470. 244 Mass. 40. 267 Mass, 115.
237 Mass. 574. 262 Mass. 1. 273 Mass. 187.
1 Section 2. From the income taxable under the preceding section, Ofductionof
2 the taxpayer may, imder the conditions prescribed in this section and ^«*^'^^g8''|^3
3 section seven, receive a deduction on account of interest paid by him 1919; 286'.
4 during the year on debts of the following classes:
5 (a) Debts, except those secured by mortgage or pledge of real estate
6 or tangible personal property, owed by persons engaged in the business
7 of buying, selling, or otherwise dealing in intangible personal property,
760
TAXATION OF INCOMES.
[Chap. 62.
Limited
deduction
in certain
cases.
provided that such business, if it includes other classes of dealings, does 8
not include buying, selling, improving or otherwise dealing in or with 9
real estate or buying, selling, manufacturing or otherwise dealing in or 10
with tangible personal property other than gold bullion. 11
(b) Debts owed by other persons, except debts secured by such mort- 12
gage or pledge and debts on account of which the taxpayer is entitled to 13
claim a deduction under sections five and six. 14
Said deduction shall be allowed, in respect of interest on any debt 15
belonging to class (b) above enumerated arising from loans or open 16
accounts directly or indirectly secured by intangible personal property, 17
only to an amount not exceeding eighty per cent of the income returned 18
by the taxpayer for taxation under section one on account of intangible 19
personal property which secured such loans or open accounts. 20
Persons described in paragraph (a) of this section may, if the deduc- 21
tions allowed by subsections (a), (6), (c), (rf), (e) and (/) of section six 22
exceed the total income taxable under subsections (b) and (c) of section 23
five, deduct from their taxable interest and dividends, after deducting 24
the aforesaid interest deduction, an amount of such excess which bears 2.5
the same proportion to the total excess as their income taxable under 26
section one bears to their total net income as determined under section 27
three. 28
Determination
of interest
deduction, fil-
ing of return,
etc-
1916, 269, § 3.
1919, 2S6.
Certain deter-
minations to
be made from
return, etc.
Section 3. The deduction to be allowed under the preceding section 1
shall be determined in the following manner: 2
A taxpayer claiming the benefit thereof shall file with the commis- 3
sioner or the income tax assessor of his district a return, in such form 4
as the commissioner prescribes, of his entire income from all sources, to- 5
gether with such other information as said commissioner deems neces- 6
sary for the determination of the amount of this deduction. The com- 7
missioner may, in lieu of such return, accept a sworn duplicate of the 8
annual return of income matle under the federal income tax law. He may 9
also, in any case where he deems it necessary, require the taxpayer to 10
file such a sworn duplicate. 11
From said return and information the commissioner or the income 12
tax assessor shall determine the amount of interest paid during the year 13
by the taxpayer on debts of class (a) or (6) enumerated in the preced- 14
ing section, for which deduction is authorized by said section, which 15
interest, for the purposes of this section, shall be called the net interest. 16
He shall also determine the total net income of the taxpayer, exclusive of 17
income taxable under section five, as such total net income would be if 18
no deduction were made for interest paid during the year. The tax- 19
payer may deduct from his income taxable under section one an amount 20
of interest paid by him during the year which shall bear the same pro- 21
portion to the net interest paid as his income taxable under section one 22
bears to his total net income as above determined. 23
Interest de-
ductions of
certain associ-
ations, etc.
1916, 269, § 3.
1919, 286.
Section 4. A partnership, association or trust, the beneficial inter- 1
est in which is represented by transferalile shares, paying to the com- 2
monwealth a tax ujMin income subject to ta.xation under section one, as 3
provided in subsection (</) thereof, may receive the deduction authorized 4
by section two on the same terms as an individual inhabitant. 5
Chap. G2.] taxation of incomes. 761
TAXATION OF INCOME FROM ANNUITIES, PROFESSIONS, EMPLOYMENTS,
TRADE AND BUSINESS.
1 Section 5. Income of the following classes received by any inhabit- income of
2 ant of the commonwealth during the preceding calendar year shall be to be taxed.
o J. 1 f 11 1916, 2U9, § 3.
6 taxed as lollows:
237 Mass. 169, 493. 256 Mass. 426. 263 Mass. 476.
242 Mass. 242. 25S Mass. 379.
4 (a) Income from an annuity shall be taxed at the rate of one and one Tax on income
5 half per cent per annum. The income of property held in trust shall /j^'" """"""y'
6 not be exempted from taxation under section one nor shall payments to '^^'^ ^^^' ^*^'
7 beneficiaries be taxed under this section, because of the fact that the
8 whole or any part of the payments to the beneficiaries is in the form of
9 an annuity.
10 (b) The excess over two thousand dollars of the income, as defined in Tax on income
11 section six, derived from professions, employments, trade or business sSiS.'eTo.'^^'
12 shall be taxed at the rate of one and one half per cent per annum. In ympioyfe's^*ltc.,
1.3 determining such income the rental value of li\ang quarters furnished iJi™ "ijo, § i.
14 any individual as part of his compensation shall be included. The }|l53'287§2
1.5 wages and salaries of employees and officers of the United States gov- 227 Mass! 63.
16 ernment shall not be taxed. Retirement allowances, however described, 236 Mass! 2()i!
17 from the commonwealth or any county, city, town or district thereof, 255 Mass! 548!
18 or from any person, if not exempt by law, and interest received in the ssl.'^"^^' *^°'
19 course of business by persons subject to the provisions of sections seventy
20 to eighty-five, inclusive, of chapter one hundred and forty, shall be taxed
21 under this subsection.
22 (c) The excess of the gains over the losses received by the taxpayer Tax on excess
2.3 from purchases or sales of intangible personal property, whether or not t'rom purchases,
24 said taxpayer is engaged in the business of dealing in such property, gibi'e°pVr3onal
25 shall be taxed at the rate of three per cent per annum. When shares of g^mrirfcase
26 new stock of the companv issuing the same received as a stock dividend of trustee.
27 or shares of stock which were the basis of such stock dividend are sold, shares upon
28 the basis of determination of the gain or loss shall be the cost when oFcorporationa.
29 acquired by purchase or value when acquired by gift of the stock which 1921, 376, § 1.
30 was the basis of such stock dividend, apportioned over the old and new Jg^l; 217! 1 1!
31 shares of such company held after the receipt of such stock dividend. 20? MtfJ' 522
32 For the purposes of this clause, the cost of rights to subscribe to cor- 235 Mass. &s.
33 porate securities and similar rights issued by unincorporated associa- 243 Mass. 129.
34 tions shall be taken as zero, excejjt that when acquired by actual jiur- 2.51 Mass! 49!
35 chase in the open market the amount actually ])aid therefor shall be 2o7 Mass. 379.
36 taken as their cost. Any trustee or other fiduciary may charge any |72 Mass. 422,
37 taxes paid under this paragraph against principal in any accounting 273 Mass. 87.
38 which he makes as such trustee. If, in any exchange of shares upon the
39 reorganization of one or more corporations or of one or more partner-
40 ships, associations or trusts, the beneficial interest in which is repre-
41 sented by transferable shares, the new shares received in exchange for
42 the shares surrendered represent the same interest in the same assets,
43 no gain or loss shall be deemed to accrue from the transaction until a
44 sale or further exchange of such new shares is made.
45 (rf) Income of the classes enumerated in subsections (a), (b) and (c) fjjj"!"^^^"'.
46 received by any partnership, association or trust, the beneficial interests ciations, etc.,
47 in which are represented by transferable shares, shall be taxed under this
48 section, unless the dividends on the transferable shares issued by such
49 partnership, association or trust are taxable under section one.
762
TAXATION OF INCOMES.
[Chap. 62.
(e) Interest and dividends taxable under section one shall not be 50
51
Certain interest
and dividends i i •
not to be taxed taxcd Under this section.
as business
income.
1916, 269, § 6 (i).
1918, 257, § 65.
255 Mass. 546.
273 Mass. 87.
Determination
of taxable
income from
profession, em-
ployment, etc.
Deductions.
1916, 269, § 6.
1918, 257,
§§62-65.
1919, 5.
1920, 2.
263 Mass. 476.
Expenses.
Depreciation,
etc., of
property.
1922, 329, § 1.
Certain taxes
paid.
272 Mass. 249.
Certain interest
paid, except.
Certain losses
within the year,
1918, 257, § 62.
1919, 5.
1920, 2.
Certain worth-
less debts, etc.
1918, 257, § 63.
1919, 5.
1920, 2.
Five per cent of
certain tangible
property.
191,S, 257, § 64.
1919, 5.
1920, 2.
1922, 329, 5 2.
272 Mass. 249.
Section 6. Income taxable under subsection (b) of section five shall 1
be the gross income from the profession, employment, trade or business, 2
in the year for which the income is computed, not including income 3
exempt from taxation under this chapter or taxable hereunder otherwise 4
than under said subsection (b), but including gains from the sale of capital 5
assets, other than intangible personal property, employed therein; less 6
the following deductions : 7
272 Mass. 249.
(a) Ex-penses paid within the year in the profession, employment, 8
trade or business, including the cost of ordinary repairs but not including 9
personal or family expenses; provided, that premiums paid for use and 10
occupancy insurance, or rent insurance, shall not be deducted as part 11
of such expenses. 12
(b) A reasonable allowance for depreciation and obsolescence of prop- 1.3
erty within such year, and for depletion within the year of wasting assets, 1-1
except such ships and vessels as are described in section eight of chapter 15
fifty-nine, owned by the person taxed and used in the profession, employ- 16
ment, trade or business; provided, that with the approval of the com- 17
missioner a taxpayer may, in lieu of the aforesaid allowance for depre- 18
elation and obsolescence, be allowed to deduct actual expenses of 19
replacement of capital and extraordinary repairs, and with such 20
approval may in any year defer such deductions in whole or in part 21
to one or more subsequent years. 22
(c) All taxes paid within the year to the United States or any other 23
nation, or to any state, county, city, town or district, in respect of the 24
profession, employment, trade or business, or the property held or used 25
in connection therewith, but not including assessments for betterments. 26
(d) Interest paid within the year on indebtedness of the person taxed 27
incurred in connection with his profession, employment, trade or busi- 28
ness; but no interest allowed as a deduction under section two shall also 29
be allowed under this section. 30
(e) Losses from the sale within the year of capital assets other than 31
intangible personal property, and losses of capital assets other than stock 32
in trade sustained within the year by fire, theft or other casualty, or 33
amounts paid within the year on account of claims in law or equity in- 34
curred in connection with the profession, employment, trade or business, 35
when sucli losses or amounts paid are not compensated for by insurance 36
or otherwise. 37
(/) The amount of any debts receivable arising from the conduct of 38
the profession, employment, trade or business subsequent to December 39
thirty-first, nineteen hundred and fifteen, determined by the person 40
taxed to be worthless and actually charged off during the year; but no 41
debts receivable shall be so charged off and deducted, unless they have 42
previously been included as income in a return made under this chapter 43
or corresponding provisions of earlier laws. 44
(g) An amount equal to five per cent of the assessed value, less the 45
amount of ail mortgages thereon, of the stock in trade and other tangible 46
property, real and personal, except such ships and vessels as are dc- 47
scribed in section eight of chapter fifty-nine, owned by the person taxed 48
and used or employed in the profession, employment, trade or business 49
Chap. 02.] taxation of incomes. 763
50 within or without the commonwealth, on the day as of which such prop-
51 erty is assessed in the year for which the income is computed. In ca.se
52 any such stock in trade or other tangible property located without the
53 commonwealth is taxed in respect of its income, and not in respect of
54 its capital value, by the taxing district where located in such year, the
55 commissioner may determine its value in any other manner, and may
56 allow a- deduction of an amount equal to five per cent of the value so
57 determined.
58 (/;) The sum of five hundred dollars for a husband or wife with whom Deduction for
59 the tax-payer lives, and the sum of two hundred and fifty dollars for each chUdOT*depend-
60 child under the age of eighteen, or parent entirely dependent on the tax- iIS|2l"89''
61 payer for support. The aforesaid deduction shall not be allowed to both
62 husband and wife, but may be allowed to either as they shall mutually
63 agree, or shall be prorated between them in proportion to tlie net income
64 of each in excess of two thousand dollars.
1 Section 7. Persons who customarily estimate their income and ex- Methods of
2 penditure on a basis other than their actual cash receipts and disburse- texab™Tolme.
3 ments may, with the approval of the commissioner, compute upon a \l\f_ III'. ^ ^'
4 similar basis their income taxable under this chapter. Persons who cus- \ljf HI' \ f
5 tomarilv estimate their income and expenditure on the basis of an estab- 227 Mass' 522.
. ' . 242 ^Ess 242
6 lished fiscal year instead of the calendar year, may, with the approval of 244 Mass! 40. '
7 the commissioner and subject to such rules and regulations as he may 258 Mass. 379.
8 establish, return their income taxable under this chapter on the basis of ^^^ ^'^^'' ^°^'
9 such fiscal year.
10 In determining gains or losses realized from the sale of capital assets,
11 the basis of determination in case of property owned on January first,
12 nineteen hundred and sixteen, shall be the value on that date or the cost
13 thereof, whichever is higher, and in case of property acquired by purchase
14 thereafter, except as otherwise expressly provided, the cost thereof. If
15 the property other than stock dividends in new stock of the company
16 issuing the same and rights to subscribe to securities was acquired by gift,
17 the basis of determination of the gain or loss shall be the value on the date
18 when it was so acquired.
19 In the case of real or tangible personal property the foregoing basis shall
20 be diminished by the amount of depreciation allowable to the taxpayer
21 under the provisions of this chapter and corresponding provisions of
22 earlier laws, and in the case of intangible personal property the foregoing
23 basis shall be diminished by any amounts received in distribution of
24 capital.
exemptions.
1 Section 8. The following income shall be exempt from the taxes Exemptions.
2 imposed by this chapter : ^^° ^^"^^^ ^°^-
3 (a) One thousand dollars in all of income taxable under section one and '"faifmrans"'
4 under subsection (a) of .section five, received by a person whose total J|j|' 269. § 4.
5 income from all sources does not exceed one thousand dollars during the 1924! 351, § 1.
6 year; but said exemption shall not be given to any married per.son if the
7 combined incomes of both husband and wife from all sources exceed
8 fifteen hundred dollars; provided, however, that no tax shall be exacted
9 upon any income taxable under said section one and said subsection (a)
10 which shall reduce the total income of the taxpayer, if unmarried, below
11 one thousand dollars, or which shall reduce the combined income of
12 husband and wife below fifteen hundred dollars.
764
TAXATION OF INCOMES.
[Chap. 62.
i9Tr269°§°ii (^) Income received by corporations, except as provided in section 13
1919: 349,' § 4. ■ fourteen. 14
Forestry.
Foreign
beneficiaries.
1916, 269, § 9.
1918, 207.
24.5 Mass. 155,
353.
Income from
property
specifically
exempt from
taxation.
1916. 269,
§§6, 11.
Police and fire
annuities.
1917, 270.
Certain
pensions and
contributions
to pension
funds.
1910, 559, § 3;
619, § 7.
(c) Income received from land classified under chapter sixty-one.
1916, 269, § 5.
15
(d) Such part of the income received by trustees or other fiduciaries 16
as is payable to or accumulated for persons not inhabitants of the 17
commonwealth. " IS
(e) Income of intangible personal property exempt from taxation by 19
section five of chapter fifty-nine, except under clauses seventeenth, 20
eighteenth, twenty-second, twenty-third, twenty-seventh, twenty-ninth 21
and thirty-third of said section. 22
191S, 257, § 69. 1919, 5; 349, § 4. 1920, 2. • 245 Mass. 353.
(/) Income from an annuity or pension paid by a town in this common- 2.3
wealth on account of service in a police or fire department. 24
(g) Income from an annuity, pension or endowment exempted by 25
section thirty-seven or forty-one of chapter thirty-two, and all sums 26
exempted by either of said sections by virtue of their being deducted 27
from wages as contributions to an annuity, pension or endowment fund. 28
1911, 532, § 7; 634, § 7. 1913, 832, § 8.
Estates of
deceased
persons.
1916, 269,
1919, 136.
1925, 242,
1931, 397
229 Mass. 120.
249 Mass. 79.
268 Mass. 365.
273 Mass. 208.
is.
« 1.
1.
1.
TAXATION OF EST.\TES AND FIDUCIARIES.
Section 9. The estates of deceased persons who last dwelt in the 1
commonwealth shall be subject to the taxes imposed by this chapter 2
upon all income received by such persons during their lifetime, if assessed 3
within the time limited by section thirty-seven. 4
The income received by the estates of such deceased persons shall be 5
subject to all the taxes imposed by this chapter to the extent that the 6
persons to whom such income is payable, or for whose benefit it is ac- 7
cumulated are inhabitants of the commonwealth; and such income shall 8
include as and when received by the executor or administrator all income 9
taxable under section one of this chapter which would have been tax- 10
able to the decedent if he had survived to receive it, and the taxes upon 1 1
such income as shall have become a part of the corpus of his estate under 12
the rules of probate accounting, may be charged against principal in 13
any accounting made by the executor or administrator. All taxes under 14
this section shall be assessed to the executor or administrator and before 15
the appointment of an executor or administrator said taxes may be 16
assessed in general terms to the estate of the deceased and the e.xecutor 17
or administrator subsequently appointed shall be liable for the taxes so 18
assessed as though they were assessed to him. No person shall be taxed 19
under this chapter for income received from any executor or adminis- 20
trator which income has itself been taxed under this section. 21
Income from
trust estates.
Deductions.
1916, 269. § 9.
1918, 207;
257, 5 66.
1919, 5.
1920, 2.
1931.4.56. 5 1.
230 Mass. 503.
245 Mass. 155,
353
262 Mass. 1.
265 Mass. 585.
272 Mass. 422.
Section 10. The income received by estates held in trust by trustees 1
or other fiduciaries under the will of a person who died an inhabitant of 2
the commonwealth or under a trust created by a person who was either 3
at the time of the creation of the trust or at any time during the year 4
for which the income is computed an inhabitant of the commonwealth, 5
any one of which trustees or otluT fiduciaries is an inhabitant of the 6
comnionwcalth or has derixcd his api)ointmcnt from a court of the 7
commonwealth, shall be subject to the taxes imposed by this chapter to 8
the extent that the persons to whom the income from the trust is pay- 9
Chap. 62.] taxation of incomes. 765
10 able or for whose benefit it is accumulated are inhabitants of the com-
11 monwealth. Income so received and accumulated for unborn or unascer-
12 tained persons or persons with uncertain interests shall be taxed as if
13 accumulated for the benefit of a known inhabitant of the commonwealth
14 to the following extent:
15 (1) Where all or any one of the trustees or other fiduciaries have
16 derived their appointment from a court of the commonwealth or are
17 required to account to a court of the commonwealth, the whole amount
18 of income thus accumulated shall be taxed.
19 (2) Where all of the trustees or other fiduciaries are inhabitants of
20 the commonwealth, the whole amount of income thus accumulated shall
21 be taxed.
22 (3) AVhere any one or more of the trustees is an inhabitant of the
23 commonwealth the proportion of the income accumulated for unborn or
24 unascertained persons or persons with uncertain interests shall be taxed
25 which is represented by the ratio of trustees who are inhabitants of the
26 commonwealth to the total number of trustees. For the purposes of
27 this section and of section nine income shall be deemed to be accunui-
28 lated for unborn or unascertained persons or persons with uncertain
29 interests when thus accumulated by estates, by trustees or other fidu-
30 claries, who are subject to the provisions of this section or of section
31 nine, for the benefit of any future interest other than a remainder pres-
32 ently vested in a person or persons in being not subject to be divested
33 by the happening of any contingency expressly mentioned in the instru-
34 ment creating the trust.
35 No person shall be taxed under this chapter for income received from
36 any trustee or other fiduciary which income has itself been taxed under
37 this section.
38 The trustees may deduct from the income taxable under section one
39 a proper amount for the amortization, according to any approved
40 method, of premiums paid upon bonds owned by the estate, the income
41 of which is taxal)le under said section one.
42 In the computation of the tax, the trustees, in addition to the deduc-
43 tion on account of interest paid, allowed under section two, shall be
44 entitled to the following deductions from income taxable under section
45 one, and under paragraphs (a) and (c) of section fi\-e, before the taxable
46 income of the beneficiaries shall finally be determined:
47 (a) Such proportion of the following items as the amounts of income
48 taxable under section one and subsections (a) and (r) of section five
49 together bear to the total income received by the trustee from all sources,
50 exclusive of income taxable under subsection (b) of section five; (1)
51 amounts paid within the year for rental of safe deposit boxes; and (2)
52 amounts paid within the year for premiums on surety bonds of the
53 trustee.
54 (b) The compensation actually paid during the year to the trustees
55 upon such income taxable under section one as is payable to or accumu-
56 lated for inhabitants of the commonwealth, or for unborn or unascer-
57 tained persons or persons with uncertain interests, to an amount not
58 exceeding six per cent of such taxable income.
1 Section 11. Any inhabitant of t!ie commonwealth who receives income re-
2 income from one or more trustees or other fiduciaries who are not subject resident "from
3 to taxation under this chapter, shall be subject to the taxes imposed by tr^'te?' '"'
4 this chapter upon such income according to the nature of the income \l\l\ l^f ^ ^-
766
TAXATION OF INCOMES.
[Chap. 62,
1931, 456, 5 2.
256 Mass. 426.
265 Mass. 585.
received by such trustees or other fiduciaries, and shall include such 5
income in a return as required by section twenty-two. 6
Trustee may
claim exemp-
tions for
beneficiary.
Procedure.
1916, 269, § 9.
1918, 207.
265 Mass. 585.
Section 12. A trustee may, at the request of any beneficiary, claim 1
the benefit of the exemption provided by subsection (a) of section eight 2
for each person to whom the income from the trust is payable, or for 3
whose benefit it is accumulated, and an inhabitant of this commonwealth 4
receiving income from one or more trustees, none of whom is an inhabitant 5
of this commonwealth or has derived his appointment from a court of 6
this commonwealth, may also claim the benefit of such exemption; pro- 7
vided, that the commissioner is satisfied by an affidavit from the bene- 8
ficiary claiming exemption, or for whose benefit the same is claimed, or 9
otherwise, that such beneficiary is not allowed in all trusts or estates 10
under which he may be a beneficiary, and on account of all income on 11
which he is liable to taxation under this chapter, more than the total 12
amount of exemption to which he is entitled under said subsection (a). 13
Provisions
relative to
trustees to
apply to other
fiduciaries.
Exception.
1916, 269,
§§8,9.
1918, 207.
1919, 136,
1920, 398.
1931, 456, S 3.
235 Mass. 584.
251 Mass. 49.
265 Mass. 585.
tl.
Section 13. Sections ten to twelve, inclusive, shall, so far as apt, 1
apply to executors, administrators, guardians, conservators, trustees in 2
bankruptcy, receivers and assignees for the benefit of creditors, to the in- 3
come received by them and to their beneficiaries, except that clauses (a) 4
and (b) of section ten authorizing certain deductions shall apply to trus- 5
tees only. All such fiduciaries and their successors in office shall be per- 6
sonally liable for all taxes due under this chapter from them or from their 7
predecessors in office to the value of all property in their hands as such 8
fiduciaries at the time of distribution as provided in section twenty-five. 9
Corporation
acting as
trustee, etc.,
to be subject
to tax.
1916, 289, § 9.
1918, 207;
257, § 67.
1919, 5.
1920, 2.
Section 14. Corporations acting as trustee or in any other fiduciary 1
capacity shall, with respect to the income received by them in that 2
capacity, be subject to this chapter in the same manner and under the 3
same conditions as indidivual inhabitants of the commonwealth acting 4
in similar capacities, except that no such corporation shall be taxed on 5
account of any property the income of which would be taxable under 6
section one if received by an individual inhabitant, or on account of the 7
income derived from such property, if such property is held by such 8
corporation as mortgagee or pledgee to secure the payment of bonds, notes 9
or other evidences of indebtedness the interest on which is taxable under 10
section one to such indi\idual inhabitants of the commonwealth as 11
receive it, or the principal of which is exempt from taxation under laws 12
other than this chapter. 13
Corporate Section lo. Every corporation liable to taxation under the preced- 1
make returns ing scctiou shall make the returns, and be subject to the penalties, pre- 2
and be subject •! i i j.i • i ^ o
to penalties. scribcd by this chapter. d
1916, 269, § 11. 1919, 349, § 4.
Commissioner,
with attorney
general, may
agree upon
taxes of
trustees, etc.
1916, 269, § 9.
1918, 207.
Section 16. For the purpose of facilitating the settlement and dis-
tribution of estates held by trustees and the other fiduciaries named in
section thirteen, the commissioner, with the appro\al of the attorney
general, may on behalf of the commonwealth agree on the amount of
taxes at any time due or to become due from such estates under this
Chap. 62.] taxation of incomes. 767
6 chapter, and payment in accordance with such agreement shall be full
7 satisfaction of the taxes to which the agreement relates.
TAXATION of PARTNERSHIPS.
1 Section 17. Partnerships having a usual place of business in the Pannerships.^^
2 commonwealth, any member of which is an inhabitant thereof, shall be 245 iials. a.w,'
3 subject to the taxes imposed by this chapter. If any of the members of ^'^^ ^^^^^- ^'^^■
4 the partnership are not inhabitants of the commonwealth, only so nuicli
5 of the income thereof as is proportionate to the aggregate interest of
6 the partners who are inhabitants of the commonwealth in the profits
7 of the partnership shall be taxed. The tax shall be assessed on such a
8 partnership by the name under which it does business, and the partners
9 shall not be taxed with respect to the income derived by them from such a
10 partnership.
1 Section 18. A partnership, in computing its taxable income, may ExempUon,^
2 deduct at the request of any partner the whole or any part of the amount "f"^ toj
3 of the exemptions to which such partner may be entitled under sections 1910,'' lesi, §10
4 five and eight and of the deduction for family to which he may be entitled ^^^^- =**^' ^ ^•
5 under clause (It) of section six; provided the commissioner is satisfied by
6 an affidavit from the partner for whose benefit any such exemption or
7 deduction is claimed, or otherwise, that such partner is not allowed, in all
8 partnerships in which he may be a partner and on account of all income
9 on which he is liable to taxation under this chapter, more than the total
10 amount of such exemptions and deductions to which he is entitled. Each
11 amount so deducted shall be set forth in the return of the partnership,
12 and the partner requesting the same shall be allowed no further exemption
13 or deduction on account thereof. The commissioner, in his discretion,
14 may excuse a partnership which has a place of business in the common-
15 wealth from filing a return under this chapter, if its principal place of
16 business is not within the commonwealth, and in such case may require
17 the partners who are inhabitants of the commonwealth to include in their
18 individual returns their shares of the partnership income, and may assess
19 to each partner individually a tax on his share.
1 Section 19. An inhabitant of the commonwealth who is a member ^esident^^
2 of a partnership having no usual place of business in the commonwealth, foreign part-
3 who receives income from such partnership derived from such a source i9i6,'269, § 10.
4 that it would be taxable if received directly by such partner, shall as to
5 such income be subject to the taxes imposed by this chapter.
1 Section 20. The provisions of this chapter in respect to the filing Certain^pro-
2 of returns, and the assessment, abatement and collection of taxes, and apply to^. ^
3 to notices concerning the same, shall apply to partnerships subject to i9r6!'26fl!Tio.
4 taxation under this chapter.
1 Section 21. Sections seventeen to twenty, inclusive, shall not apply ^^J^^;"„p„';°;
2 to partnerships, associations or trusts, the beneficial interest in which is appiy.^to
Visions not to
apply to
associations.
3 represented by transferable shares, and nothing in said sections shall etc.. having
4 affect other provisions of this chapter so far as the same relate to such ^J^arl^^^
5 partnerships, associations or trusts, the beneficial interest in which is ^^^Vat^aVs^
768
TAXATION OF INCOMES.
[Chap. 62
RETURNS.
Peraonsre- SECTION 22. Evcrv individual iiiiiabitant of the commonwealth,
quired to make . , , . ^ . . . . . , i •
returns. mcluduig cvery partnership, association or trust, whose annual income
i9'i"6?269, § 12. from all sources exceeds two thousand dollars shall annually make a
236Vat'8.^2oi. Tcturn of his entire income, except income derived (a) from real estate,
245 Mass. 174. " "
(b) from dividends exempt from taxation under section one, (c) from
interest upon bonds or other obligations of the United States, (d) from
interest upon such bonds, notes and certificates of indebtedness of the
commonwealth and political subdi\isions thereof as are exempt from 8
taxation under clause twenty-fifth of section five of chapter fifty-nine, 9
(e) from loans secured exclusively by duly recorded mortgage of real 10
estate, taxable as real estate, situated in the commonwealth, to an 11
amount not exceeding the assessed value of the mortgaged real estate 12
less the amount of all prior mortgages, and (/) from wages or salaries 13
received from the United States. Every other individual inhabitant, 14
including every partnership, association or trust, who receives income 1.5
taxable under section one or subsection (a) or (c) of section five shall 16
make an annual return of such taxable income. 17
Executors,
etc., to make
returns.
1916, 269, § 12.
Section 23. Every executor, administrator, trustee, guardian, con-
servator, trustee in bankruptcy, assignee for the benefit of creditors and
receiver, other than a receiver of a domestic corporation, and every other
person receiving income taxable under this chapter, shall make an annual
return of his taxable income as provided in this chapter.
Returns to
be on oath.
Place and date
of filing.
Period
included.
1916, 269, § 12.
1929, 361, § 1.
245 Mass. 174.
Section 24. Returns under the two preceding sections shall be on 1
oath or accompanied by a written declaration that they are made under 2
the penalties of perjury, and shall be filed with the income tax assessor 3
for the district where the taxpayer resides or has his principal place of 4
business or, at the option of the taxpayer, with the commissioner, shall 5
be made in such form as the commissioner prescribes, and shall contain 6
such further information as he deems pertinent. Except as otherwise 7
provided in this chapter, the return shall be made on or before March 8
first in each year and shall relate to the income received during the year 9
ending on December thirty-first preceding. 10
Persons subject
to taxes im-
posed by this
chapter. Re-
turns by cer-
tain individuals
or fiduciaries.
1916, 269, § 12.
1919, 136, § 2.
1929, 361, S 2.
245 Mass. 155.
256 Mass. 426.
Section 25. Every individual who while an inhabitant of the com- 1
monwealth, and every executor, administrator, trustee or other fiduciary 2
who while such an inhabitant or while acting under an appointment 3
derived from a court of the commonwealth, has received any income 4
taxable under this chapter, and the estate of every deceased inhabitant 5
of the commonwealth, shall be subject to the taxes imposed by this 6
chapter. Every such individual or fiduciary shall file a return under 7
section twenty-two or twenty-three if he has in the preceding year 8
received any such income, and an executor or administrator shall file a 9
return under said section twenty-three if his decedent received any such 10
income not returned by the decedent as to which a tax under this chapter 11
may still be assessed within the time limited by section thirty-seven. 12
If a person has been appointed executor or administrator after January 13
first in any year, tlie return of such income received by his decedent but 14
not returned by him shall be due and shall be filed witliin ninety days 1.5
after the date of such appointment. Every such individual intending to 16
Chap. 62.] taxation of incomes. 769
17 remove his domicile from the commonwealth, and every such fiduciary
IS intending to make final distribution of an estate or trust, before the end
19 of any year shall file immediately prior to such removal or distribution a
20 return under said section twenty-two or twenty-three of all such income
21 received by him and by his decedent during said year and prior to such
22 removal or distribution, and the taxes thereon shall become due and
23 payable forthwith.
1 Section 26. The commissioner shall prepare blanks for the returns Blanks to be
2 required by sections twenty-two and twenty-three and shall cause them igij leg.^riz.
3 to be distributed throughout the commonwealth; but no person shall be
4 excused from making the return by failure of the commissioner to send
5 or give one of the blanks to him.
1 Section 27. The commissioner shall annually give seasonable notice Seasonable
2 of the requirements of sections twenty-two to twenty-five, inclusive, by i9ib?269? § 12.
3 posting or in any other suitable manner, not later than January fifteenth,
4 in every town in the commonwealth.
1 Section 28. If the commissioner shall, from information derived fuppitme^.^ary
2 from the return or otherwise, be of opinion that any person whose income J|\"g'^"|g9 5 j2
3 is taxable under this chapter may have failed to file a return, or to include
4 in a return filed, either intentionally or through error, all the sources of
5 his taxable income, he may require from such person a return or a supple-
6 mentary return on oath, in such form in each individual instance as the
7 commissioner prescribes, of all the sources from which the taxpayer
8 received any income, whether or not taxable under this chapter in the
9 year for which the return was made. If from a supplementary return or
10 otherwise the commissioner finds that any sources of taxable income have
11 been omitted from the original return, he may require the amount of in-
12 come from each source of taxable income so omitted to be disclosed to
13 him on oath of the person liable for the tax, and added to the original
14 return. Such supplementary return and the correction of the original J^biet"enai'-°
15 return shall not relieve the person making the same from any of the ties.
16 penalties to which he may be liable under any provision of this chapter.
17 The commissioner may proceed under any provision of sections thirty
18 and thirty-five to thirty-seven, inclusive, whether or not he requires a
19 return or a supplementary return under this section.
1 Section 29. In case of sickness, absence or other disability, the commissioner
2 commissioner may allow further time for filing any return required by timelorfliig
3 this chapter. """"■
1916. 269, § 14. 1918, 257. § 70. 1919, 5. 1920, 2.
1 Section 30. In order to verify any return made pursuant to this veri6cation
2 chapter the commissioner may, within two years after September first ^gJe! 269, § u.
3 of the year in which such return was due, if he has reason to believe the ^^^^' ^*^' ^ ^•
4 return to be fraudulent or incorrect, direct by special authorization a
5 deputy or other agent to verify the return ; and for the purpose of such
6 verification the books and papers of the person shall be open to the exam-
7 ining officer, or shall be produced for the purpose upon a summons,
8 which the commissioner, or the examining officer, may issue. The per-
9 son making the return may be examined by such officer on oath.
770 TAXATION OF INCOMES. [ChAP. 62.
Writ of Section 31. If any person fails to file, on or before May first of any 1
"mpei'fitag" year, a return required by this chapter, any justice of the supreme ju- 2
I9*i6,''269, § 13. dicial or the superior court, on petition of the commissioner or the income 3
tax assessor for the district where such person is required to file the 4
return, or of any ten taxable inhabitants of the commonwealth, shall 5
issue a writ of mandamus requiring such person to file the return. The 6
order of notice on the petition shall be returnable not later than ten days 7
after the filing thereof. The petition shall be heard and determined on 8
the return day or on such day thereafter as the court shall fix, having 9
regard to the speediest possible determination of the cause consistent 10
with the rights of the parties. The judgment shall include costs in favor 11
of the prevailing party. All writs and processes may be issued from the 12
clerk's office in any county, and, except as aforesaid, shall be returnable 13
as the court orders. ^^
Returns to be SECTION 32. Rctums shall be open to the inspection of the commis- 1
splcVon'of sioner, and his deputies, assistants and clerks when acting under his 2
dait'etc*^' authority, and the income tax assessors, and their deputies, assistants 3
Ills, 111. I n. and clerks when acting under their authority. The books, accounts and 4
1919; 5; 50; other rccords in the hands of the commissioner, except returns, shall be 5
1920, 2. open to the inspection of the state auditor, and his deputies, assistants and 6
clerks when acting under his authority for the purpose of auditing the 7
accounts of the commissioner. Said returns shall be preserved for two 8
years, and thereafter until the commissioner orders them destroyed. The 9
commissioner shall, on request of any inhabitant of the commonwealth, 10
state whether or not any designated person has filed an income tax return 1 1
for the current or any prior year. 12
INFORMATION AT THE SOURCE.
Employers, SECTION 33. Evcry employer, being an inhabitant of the common- 1
etcrrequ?r" d to Wealth or having a place of business therein, shall file annually with the 2
ti?nT£ts "nd commissioner a return in such form as he shall from time to time pre- 3
i9i6'*269, § 25. scribc, giving the names and addresses of all regular employees residing in 4
I919' f' ^ '^*' the commonwealth to whom said employer has paid wages, salary or other 5
i92o; 2^^ compensation in excess of the sum of two thousand dollars during the pre- G
ceding calendar year, and may give the amount paid to each. In any 7
individual case, upon request of the commissioner, the exact wages, salary 8
or other compensation shall be stated. _ 9
Every corporation and every partnership, association or trust the 10
beneficial interest in which is represented by transferable shares, doing 11
business in the commonwealth, unless the dividends paid on its shares 12
are exempt from taxation under section one, shall annually file with the 13
commissioner in such form as he shall from time to time prescribe, a 14
complete list of the names and addresses of its shareholders, as of record 15
on December thirty-first of the preceding year, or on any other date 16
satisfactory to the commissioner, or, in its discretion, of such shareholders 17
as are residents of the commonwealth, together with the number, and 18
class of shares held by each shareholder and the rate of dividends paid 19
oneachclassof stock for such preceding year. _ . . ^^
Every corporation, partnershii), association or trust doing business In 21
the commonwealth shall report annually to the commissioner, in such 22
form as he shall from time to time prescribe, the names and addresses of 23
all residents of the commonwealth to whom it has paid interest during 24
[Penalty, § 57.]
Chap. 62.] taxation of incomes. 771
25 the preceding calendar year on its bonds, notes or other evidences of in-
26 debtedness, and to whom it has paid any annuities, except, however,
27 interest coupons payable to bearer, and income exempt from taxation
28 under this cliapter. In any individual case, any such corporation, part-
29 nership, association or trust shall, upon request of the commissioner,
30 state the respective amounts of interest and annuities so paid by it to
31 any person during any calendar year.
32 The returns, lists and reports required by this section shall be made
33 on or before March first in each year; but the commissioner may author-
34 ize them to be made at any other date and in connection with any other
35 reports or returns that said individuals, partnerships, associations, trusts
36 and corporations may be required to file with him.
1 Section 34. The treasurer of every city, town and county, and the Certain
2 comptroller, shall, annually not later than April tenth, in the form pre- FJnish names
3 scribed by the connnissioner, furnish to him names and addresses of all of eerSpub-
4 employees of said cities, towns, counties and of the commonwealth, 19 ™§'e°9';''f26.
5 respectively, receiving during the preceding calendar year as salary, jop. 362, § ss.
6 wages, or otherwise, amounts exceeding two thousand dollars in each
7 case, together with the amount received by each.
A.SSESSMENT AND ADMINISTRATION.
1 Section 35. The commissioner shall determine from the returns re- Commissi9ner
2 quired by this chapter, or in any other manner, the income of every per- incomes'and
3 son taxable thereunder, and shall assess thereon the tax hereby provided; Tom^iea, fii.
4 but he shall not determine the income of a person who has filed a return
5 in accordance with sections twenty-two to twenty-five, inclusive, within
6 the time prescribed by law, to be in excess of that disclosed by such return,
7 without notifying such person anrl giving him an opportunity to explain
8 the apparent incorrectness of his return.
1 Section 36. If any person who has failed to file a return, or has filed how d"™-*'
2 an incorrect or insufficient return, and has been notified bv the commis- mined, when no
p..,,. j, •,• 1 p return is filed,
3 sioner of his delmquency, refuses or neglects withm twenty days atter etc. ^
4 such notice to file a proper return, or if any person files a fraudulent re- igis! 257! § 70.
5 turn, the commissioner shall determine the income of such person, taxa- 1920! 2!
6 ble under this chapter, according to his best information and belief, and
7 assess the same at not more than double the amount so determined.
1 Section 37. If the commissioner finds from the verification of a Assessment
2 return, or otherwise, that the income of any person subject to taxation ttaoiTemrn.
3 mider this chapter or any portion thereof, has not been assessed, he may, ^ent.^jtc."^
4 at any time within two years after September first of the year in which jsig' jjj^, § 14,
5 such assessment should have been made, assess the same, with interest '^22! 143. ^^^
6 at six per cent from the date when such tax was due under section thirty-
7 nine, first giving notice to the person so to be assessed of his intention, and
8 such person shall thereupon have an opportunity within ten days after
9 such notification to confer with the commissioner in person or by counsel
10 or other representative as to the proposed assessment. After the expira-
11 tion of ten days from such notification the commissioner shall assess the
12 income of such person subject to taxation, or any portion thereof, which
13 he believes has not theretofore been assessed, and he shall thereupon give
14 notice under section thirty-nine to the person so assessed, and the tax.
772
TAXATION OF INCOMES.
[Chap. 62.
with interest as aforesaid, shall be payable fourteen days after the date 15
of such notice. The provisions of this chapter in respect to the abatement 16
and collection of taxes shall apply to a tax so assessed. Whenever, in the 17
course of a verification of the returns of a taxpayer under section thirty, 18
the commissioner finds that an overpayment of the total amount of taxes 19
due from such taxpayer has been made on any year's return subject to 20
verification, the amount of such overpayment shall be deducted from the 21
amoimt of any additional tax and interest aforesaid found to be due on 22
any other j-ear's return so verified, and only the net amount thus deter- 23
mined to be due shall be assessed additionally. 24
Jlglult^ns Section 38. The commissioner may from time to time make such 1
1916, 269, § 14. rules and regulations, not contrary to this chapter, as he deems neces- 2
sary to carry out its provisions. 3
COLLECTION.
Section 39. The
annually on or before September
CommisBioner SECTION 39. 1 He Commissioner,
to give notice . . . i i i i • i
of date tax is fjrgt, shall givc Written notice to every person taxable under this chapter
i9i6r269. § 15. of the amount of the tax payable by him, and of the date on which the
1929; 36i,S^3. tax is due and payable, which shall, except as otherwise provided in this
The notice shall be mailed, postage prepaid
chapter, be October first
addressed to the person assessed at his place of residence or business, or at
the address given in his return, or otherwise delivered at such place of
residence or business or at such address. All taxes assessed hereunder may
be paid at the office of the commissioner in Boston or at the office of the
income tax assessor for the district where the taxpayer resides or has his
principal place of business, at the option of the taxpayer, and the notice 1 1
shall state the places at which the tax may be paid. Failure to receive 12
such notice shall not affect the validity of the tax. 13
1
2
3
4
5
6
7
8
9
10
All taxes received by the income tax assessors shall be 1
'2
3
Ta«B collected SECTION 40.
to be accounted ,01 1 1 ■ • e^
for each week, accouutcd lor and turned over to the commissioner as oiten as once in
1916, 269, § 17. , ,
each week.
Interest.
Remedies of
commissioner.
1916, 269, § IS.
1918, 29. § 2.
1923, 287, § 3.
1925, 186.
249 Mass. 123.
265 Mass. 531.
Section 41 . If a tax assessed under this chapter remains unpaid after 1
the expiration of fourteen days from the date when due, interest at the 2
rate of six per cent per annum from the due date shall be added to and 3
become part of the tax. The commissioner shall have for the collection 4
of taxes assessed under this chapter all the remedies provided by chapter 5
sixty for the collection of taxes on personal estate by collectors of taxes of 6
towns. The officer to whom a warrant for the collection of such a tax is 7
given shall collect said tax and interest upon the same at the rate of six 8
per cent per annum from the time when such tax became due and may 9
collect and receive for his fees the sum which an officer would be entitled 10
by law to receive upon an execution for a like amount. Any action of 11
contract brought to recover any such tax shall be brought in the name of 12
the commonwealth. 13
Fiduciaries to
be personally
liable, etc.
1918, 257, § 72.
1919, 5.
1920, 2.
Section 42. If any income taxable under this chapter, received by
executors, administrators, trustees, or other fiduciaries, is duly assessed
to them thereunder and they neglect to pay the same, any such fiduciary
shall be personally liable therefor to the commissioner in contract, and
may be allowed in his account for the amount paid by him.
Chap. 62.] taxation of incomes. 773
ABATEMENTS.
1 Section 43. Any person aggrieved by the assessment of a tax under Abatement by
2 this chapter may apply to the commissioner for an abatement thereof loilT'leg^rig.
3 at any time within six months after the date of the notice of the assess- JgJI; |"' * ^^■
4 ment, or, if he dies during said six months his executor or administrator l^f'^^i
5 may apply for such abatement within one month after his appointment; l^lMasllti'
6 an(l if, after a hearing, the commissioner finds that the tax is excessive in 249 Mass! 123!
7 amount or that the person assessed is not subject thereto, he shall abate 273 Mas!.' 212.'
S it in whole or in part accordingly. If the tax has been paid, the state
9 treasurer shall repay to the person assessed the amount of such abate-
10 ment, with interest thereon at the rate of six per cent per annum from the
11 time when it was paid. The commissioner shall notify the petitioner by
12 registered letter of his decision upon the petition.
1 Section 44. No tax assessed on any person liable to taxation under Abatement
2 this chapter shall be abated in any event unless the person assessed shall umiJedln^"
3 have filed, at or before the time of bringing his petition for abatement, i9l'6,'26T?'i9.
4 a return as required by sections twenty-two to twenty-five, inclusive; {g}!; |^^' ^ ^^'
5 and if he failed without good cause to file his return within the time pre- J^^o. 2^
6 scribed by law, or filed a fraudulent return, or, having filed an incorrect 273'Mai8. 212.
7 or insufficient return, has failefl, after notice, to file a proper return, the
8 commissioner shall not abate the tax below double the amount for which
9 the person assessed was properly taxable under this chapter.
1 Section 45. Any person aggrieved by the refusal of the commissioner Appeal from
2 to abate, in whole or in part, under section forty-three, a tax assessed commissioner
3 under this chapter, may appeal therefrom, within thirty days after the H^ appeals.
4 mailing of notice of the decision of the commissioner, by filing a petition unpafdand"^
5 with the clerk of the board of tax appeals. If, on hearing, said board "^^g""''"^
6 finds that the person making the appeal was entitled to an abatement wie, 269, 1 19.
7 under section forty-three from the tax assessed on him, it shall make i926;2S7!§2:
8 such abatement as it sees fit. The decision of the board of tax appeals 245 Mass' 353.'
9 shall, except as otherwise provided herein, be final and conclusive, and 249 ulTs. 123!
10 shall be communicated in writing to the petitioner and the commissioner ^'s Mass. 212.
11 within five days thereafter. Any taxes assessed under this chapter or
12 corresponding provisions of earlier laws, which are unpaid and uncol-
13 lectible, may be abated by the board of tax appeals, on the recommenda-
14 tion of the attorney general and the commissioner at any time after the
15 expiration of five years from the date when the same became payable.
1 Section 46. If the tax abated has been paid, the state treasurer Treasurer to
2 shall repay to the petitioner the amount of the abatement and interest oFa^atoment,
3 at the rate of six per cent per annum from the time of payment, upon fg'ie, 269, § 19.
4 presentation to him by the petitioner of the notice of the decision of the ^''^ ^^^^^- ^'^
5 board.
1 Section 47. [Repealed, 1930, 416, § 2.]
1 Section 48. The remedies provided by sections forty-three to forty- R™^''^^?^
2 seven, inclusive, shall be exclusive, whether or not the tax is wholly chapter
3 illegal. But the word "exclusive" in this section shall not be construed t9'i6",^269,V20.
4 to deprive any person of a right of action at law in any federal court. 256'Mai9'. 142.
774
TAXATION OF INCOMES.
[Chap. 62.
additional local taxes.
Section 49. [Repealed, 1931, 426, § 184.]
Section 50. [Repealed, 19.31, 426, § 184.]
Section 51. [Repealed, 1931, 426, § 184.]
Section 52. [Repealed, 1931, 426, § 184.]
Section 53. [Repealed, 1931, 426, § 184.]
constitutionality.
Unconstitu- SECTION 54. If anv part, subdivision or section of this chapter shall 1
tionahty oi . . , , i. i. i. . • . * • n
part of chapter, jjg declared unconstitutional, the validity or its remaining provisions 2
1916, '269. §27. shall uot be affected thereby. 3
PENALTIES.
Penalty for SECTION 55. If any pcrsou required to file a return under this chapter
m"''269?§ 13. fails to file the return within the time prescribed therein, the sum of five
dollars for every day during which such person is in default shall be
added to, and become part of the tax, as an additional tax; but the com-
missioner may, in his discretion, abate any such additional tax in whole
or in part.
Penalty for
fraudulent
return, etc.
1916, 269,
§§3,13.
1919, 286.
Section 56. Whoever files a fraudulent return, and whoever, having 1
failed to file a return or having filed an incorrect or insufficient return 2
without reasonable excuse fails to file a return within twenty days after 3
receiving notice from the commissioner of his delinquency, shall be pun- 4
ished by a fine of not less than one hundred nor more than ten thousand 5
dollars, or by imprisonment for not more than one year, or both, and shall 6
forfeit his right to hold public office anywhere within the commonwealth 7
for such period, not exceeding five years, as the court determines. Any 8
person filing a fraudulent return of interest deduction under section 9
three, or giving fraudulent information under said section or section 10
four to the commissioner or an income tax assessor relative to any deduc- 1 1
tion given by section two, shall be punished as provided in this section. 12
Penalty for SECTION 57. Any individual, partnership, association, trust or cor-
failure to give . „ ... . ,' , , ^ i?i ^ r ^ .1.
information at poratiou falling without reasonable excuse to file a return, list or report,
i9i6,°269'; § 25. or othcrwisc give information, as required by section thirty-three, shall
1919; 5°'' ^ ^*' be punished by a fine of not less than twenty-five nor more than five
hundred dollars.
1920, 2.
1
2
•1
o
4
5
PenaUy^for^ SECTION 58. The disclosurc by the commissioner, or by any deputy,
information, assistaut, clcrk or assessor, or other emplovee of the commonwealth, or
e-ept. yc, ._ ;. ,^ ,_ , „ „..,„„.•„ ^ p^,,..,„ii ijiit the taxpayer or his agent,
or set forth bv anv return
except, etc. „ .. ^ j_i • J.
1916,269, §16. ot any city or town tliercm, to any iicr.son
ipj; if U7.^'' of any information whatever contained in
1 filed under this chapter, other than tlie name and address of the person
filing it, except in proceedings to collect the tax or for the purpose of
criminal prosecution under this chapter, shall be punishable by a fine of
1920. 2,
1923, 402
Chaps. 62, 63.] tax.\tion of incomes, corporations. 775
8 not more than one thousand dollars, or by imprisonment for not more
9 than six months, or both, and by disqualification from holding office for
10 such period, not exceeding three years, as the court determines.
1 Section 59. Section thirty-one and the penalties provided by sec- Penalties to
2 tions fifty-five and fifty-six shall apply to individuals and corporations fiducmrjes.
3 acting in any fiduciary capacity. In the case of a corporation, the pen- 55 ,'; ."1};;
4 alty may be imposed on the corporation, on the officers whose duty it i^''-*' ^*'^' ^ *
5 was to make the return, or on both.
I 13.
1 Section 60. In the case of a partnership one or more members of ne'Shi^s!'"'?,
2 which are inhabitants of the commonwealth and which has a usual place p™;;',*'!','; ™"
3 of business in the connnonwealth, the penalties imposed by this chapter ■j'^^j'^*^2^|.g
4 may be inflicted upon any member of the partnership who is an inhabit-
5 ant of the commonwealth and who has any active part in the manage-
6 ment of the affairs of the partnership, and if there is no such member,
7 upon the persons in charge of its affairs in this commonwealth. In the
8 case of a partnership, association or trust, the beneficial interests in
9 which are represented by transferable shares, the penalties imposed by
10 this chapter for failure to file a return may be inflicted upon the trustees,
11 managers or officers whose duty it was to make the return.
CHAPTER 63.
TAXATION OF CORPORATIONS.
Sect,
taxation
3.
4.
7.
OF BANKS, TRUST COMPANIES,
ETC.
Definitions.
Annual tax. Rate, how determined.
Appeals.
Annual returns, contents, etc.
Certain provisions of chapter appli-
cable to taxes under § 2.
Distribution of tax. Appeals.
Same subject. Certification of
charges and credits.
Taxes assessed to be in lieu of cer-
tain other taxes.
8. [Repealed.]
9. [Repealed.]
10. [Repealed.]
lOA. [Repealed.]
lOB. [Repealed.]
TAXATION OF SAVINGS BANKS AND SAVINGS
DEPARTMENTS OF TRUST COMPANIES.
1 1 . Taxation of deposits in savings banks,
and trust companies having sav-
ings departments.
12. Same subject.
13. Companies to make semi-annual re-
turns. Contents. Penalty.
Sect.
14.
15.
16.
17.
[Repealed.]
Exemption of deposits from other
taxes.
Reduction of tax for period of in-
capacity to do business.
Taxation of Massachusetts Hospital
Life Insurance Company.
TAXATION OP SAVINGS BANK INSURANCE.
IS. Certain insurance funds subject to
same tax as savings bank deposits.
CORRECTION OF ASSESSMENT OF CERTAIN
BANK TAXES.
ISA. Correction of assessment of certain
taxes. Applications; appeals.
TAXATION OF CO-OPERATIVE BANKS.
19. Co-operative banks to have certain
exemptions.
TAXATION OP INSURANCE COMPANIES.
20. Taxation of life insurance companies.
Returns.
776
TAXATION OF CORPORATIONS.
[Chap. 63.
Sect.
21. Retaliatory tax on foreign life insur-
ance companies.
Taxation of domestic fire, marine and
other insurance companies.
Taxation of similar foreign companies.
Deductions.
Returns of fire, marine and other in-
surance companies.
Books, etc., may be examined.
Penalty for failure to make return,
etc., and for false statement.
Assessment and notice to companies.
Application for correction. Ap-
peal.
Recovery of tax, and injunction.
22.
24.
25.
26.
27.
28.
29.
TAXATION OF BUSINESS CORPOnATIONS.
30: Definitions.
31. Corporate excess, elements included
or not deducted in determining.
Domestic Corporations.
32. Excise on domestic business corpora-
tions.
32A. Excise on such corporations prin-
cipally dealing in resil estate or
tangible personal property.
33. Minimum tax of subsidiaries, etc.
34. Net income where federal return con--
solidated.
34A. [Repealed.]
35. Returns.
36. Correction of return. Additional tax.
37. Determination of net income from
business in commonwealth. Allo-
cation of certain classes of income.
38. Same subject. Allocation of re-
mainder of net income. Deduc-
tion.
38A. Computation of net taxable income.
38B. Taxation of certain corporations deal-
ing exclusively in securities.
380. Domestic manufacturing corpora-
tions, classification and taxation.
Machinery deduction from net in-
Foreign Corporations.
39. Excise on foreign corporations.
39A. Minimum tax on subsidiaries.
39B. [Repealed.]
39C. Excise on gross receipts of corpora-
tions principally dealing in real
estate or tangible personal prop-
erty.
40. Returns, etc., of foreign corporations.
41. Determination of net income from
business in commonwealth. Allo-
cation of income.
42. Same, alternative method.
42.\. Computation of net taxable income.
42B. Foreign manufacturing corporations,
machinery deduction from net
income.
Sect.
43. Credit for dividends paid to inhab-
itants.
44.
45.
46.
47.
48.
49.
50.
51.
52.
Assessment and Collection.
Assessment of tax.
Assessment of additional tax.
Double assessment for refusal to file,
or fraudulent return.
Regulations.
Notice of tax. Time of payment.
Collection by commissioner.
Penalty for late return.
Penalty for false statement.
Abatements. Appeals.
Constitutionality.
Unconstitutionality, etc., of \
effect.
t 30-51,
54.
55.
56
57.
58.
TAXATION OF COHPOHATE FRANCHISES.
53. Annual returns to commissioner.
Additional information recjuired of
certain corporations, etc.
Valuation of corporate franchise, etc.
Deductions.
[Repealed.]
56A. Value of corporate franchises of cer-
tain foreign telephone companies,
alternative method of determining.
[Repealed.]
Tax to be paid on corporate fran-
chise. Rate, how determined.
58A. [Repealed.]
59. Additional tax to be assessed upon
corporate franchise v.ilue, etc.
60. Notice of tax, time of payment, right
of correction and appeal.
EXCISE ON STREET RAILWAYS, ETC., IN
COMMUTATION OF REPAIRS, SNOW RE-
MOVAL, ETC.
61. [Repealed.]
62. [Repealed.]
63. [Repealed.]
64. [Repealed.]
65. [Repealed.]
66. [Repealed.]
EXCISE ON COEPORATIONS INTERESTED IN
SHIPS AND VESSELS.
67. Excise on interest in ship, etc. Re-
turns.
MISCELLANEOUS PROVISIONS.
68. Ta-xes in this chapter not exclusive.
68A. Remedy of certain corporations when
assessors' valuation exceeds com-
missioner's valuation.
09. Insijection of books and examination
of officers.
Chap. 63.]
TAXATION OF CORPOKATIONS.
777
Sect.
70. Interest on unpaid taxes.
71. Appeals. Repayment. Abatement
of uncoUectable assessments.
71A. Inspection of returns restricted.
72.
73.
74.
76.
COLLECTION.
Collection of tax by warrant.
Action at law to recover unpaid
taxes.
Lessee of corporate property liable
for tax.
Collection of unpaid taxes by infor-
mation.
Transfer of assets without notice to
commissioner void in certain cases.
Sect.
relief from unlawful taxes.
77. [Repealed.]
78. [Repealed.]
PENALTIES AND THEIR ENFORCEMENT.
79. Penalties on certain corporations,
etc., for neglect to make returns,
etc.
80. Collection of penalties.
DEFINITION.
81. "Local taxation" to include excise
tax on motor vehicles, etc., for
purposes of certain sections.
TAXATION OF BANKS, TRUST COMPANIES, ETC.
1 Section 1. When used in this section, and in sections two to seven, Definitions.
2 inchisive, the following terms shall have the following meanings: isti! 300; § i.
3 "Bank", Any bank, banking association or trust company doing busi- p*^!.' fs.^l 1.^'
4 ness within the commonwealth, whether of issue or not, existing by au- fgog; llo.Vi;
5 thority of the United States or of a foreign country, or of any law of the ^^J^^/gg^ ii^'
6 commonwealth not contained in chapters one hundred and sixty-eight \ff^^'^'-
7 to one hundred and seventy-one, inclusive, and chapters one hundred and 1924, 233, § 1.
8 seventy-three and one hundred and seventy-four. 343. '§§ i.'is. '
9 "Net income", The net income for the taxable year as required to be HH] Ho. j 1.
10 returned by the bank to the federal government under the federal revenue }|| Hm- III
11 act applicable for the period, adding thereto any net losses, as defined in g^ Mass. 257.
12 said federal revenue act, that have been deducted and all interest and 232 Mass! les!
13 dividends not so required to be returned as net income which would be
14 taxable if received by an individual inhabitant of the commonwealth;
15 provided that net income as defined in this section shall not include
16 interest from bonds, notes or certificates of indebtedness of the United
17 States or of any federal instrumentality, if such interest is by the consti-
18 tution of the United States or by act of congress exempt from taxation
19 under this chapter.
20 "Taxable year", The fiscal or calendar year for which the bank was
21 required to make its last return to the federal government due prior to
22 April first of the year in which the tax is to be assessed or, if such return
23 was for a fractional period, a full year, including and ending with such
24 fractional period.
1 Section 2. Every bank shall pay annually a tax measured by its net Anmia^ tax.
2 income, as defined in section one, at the rate assessed upon other financial determined.
3 corporations; provided, that such rate shall not be higher than the highest f8'65;'242.
4 of the rates assessed under this chapter upon mercantile and business |fi%^.'*|:
5 corporations doing business in the commonwealth. The commissioner 'jf/;!^"-
6 shall determine the rate on or before July first of each year after giving a \ffi^li
7 hearing thereon, and at or prior to such hearing he shall make available isTis'is,'
8 to all banks requesting the same a statement showing the aggregates of issi', sbs', § 2.
9 the income returnable during the preceding calendar year and ta.xable §§8; 9, '12, 13.
10 under this chapter and the aggregates of the taxes under this chapter of f^ 9,10; 13.
11 such year, with respect to the following classes of corporations: (1) }^^^;|^J;||.
12 domestic financial corporations, (2) foreign financial corporations, (3) 490. nt'^^
13 domestic manufacturing corporations as defined in section thirty-eight I9i4,'i9s', 5 2.
778
TAXATION OF CORPORATIONS.
[Chap. 63.
1918, 184,
1923, 378,
487, §§ 1,
1924, 233,
1925, 262,
343, §§ 1,
1926, 222.
1930. 214
220, § 2;
§18.
U. S. Rev
§ 5219.
5 7,
§2;
2.
§ 1.
i 1;
13.
416,
Sta.
C, (4) foreign manufacturing corporations as defined in section forty-two 14
B, (5) domestic business corporations as defined in section thirty, (G) 15
foreign corporations as defined in said section thirty. The commissioner 16
shall seasonably notify the banks of his determination. Appeal by a bank 17
from the determination of the commissioner may be taken to the board of 18
tax appeals within ten days after the giving of such notice. 19
14 Allen, 359.
99 Mass. 141.
101 Mass. .575.
104 Mass. 586.
112 Mass. 384.
123 Mass. 375.
138 Mass. 527.
155 Mass. 313.
175 Mass. 257.
223 Mass. 371.
232 Mass. 168.
3 Wall. 573.
7 Wall. 694.
125 U. S. 60.
Annual re-
tiirnp, con-
tents, etc.
1871, 390, § 5.
1872,321,
§§ 1, 2, 10.
1873, 315, § 5.
P. .S. 13, § 11.
R. L. 14, § 12.
1909, 440, § 2;
490. Ill, § 14.
1914, 198, § 2.
1923, 487, § 2.
1924, 233, § 1.
1925,262, § 1;
343, §8 1, 13.
1926, 222.
123 Mass. 375.
155 Mass. 313.
Section .3. Every bank shall within the first ten days of April make 1
a return as of April first, sworn to by its cashier or by its treasurer, or in 2
their absence or incapacity by any other principal officer, in such form 3
as the commissioner prescribes, giving: — 4
(a) A copy of such parts as the commissioner may designate of the 5
federal return or returns for the year by the income of which the tax is to 6
be measured, provided that if any bank shall have participated in filing a 7
consolidated return of income to the federal government, it shall file with 8
the commissioner a statement of net income in such form as he maj^ pre- 9
scribe, showing its gross income and deductions in accordance with the 10
law and regulations governing the usual federal returns of corporations 11
not so participating; and such additional information as he may require 12
to determine the net income as defined in section one. 13
(6) The name of each shareholder with his residence and the number 14
of shares belonging to him at the close of the business day last preceding 15
April first as the same then appeared on the books of said bank. 16
Whenever the time for filing the federal return has been extended, the 17
commissioner may extend the time for filing the return required under 18
this section. 19
Slionl°o7chap- Section 4. All provisions of this chapter relative to the assessment, 1
t" applicable collection, payment, abatement, verification and administration of taxes, 2
including penalties, applicable to domestic business corporations, as 3
defined in section thirty, shall, so far as pertinent, be applicable to ta.xes 4
under section two; provided, that any notice required to be given to a 5
national banking association shall be given to the cashier thereof; and 6
provided, further, that no such provisions shall be so applied as to con- 7
travene the federal constitution or the federal statutes relating to national 8
banking associations. 9
under § 2.
1923, 487, § 2.
1924, 233, § 1.
1925, 262. § 1;
343, §§ 1, 13.
1926, 222.
Distribution of
tax. Appeale.
1S71, 390,
§§ 6-8.
1873, 315,
5§ 6-8. 10.
P S. 13,
§§12-14.
R. T.. 14, § 13.
1909,490, III,
§15.
1923, 487, § 2.
1925, 343,
5§ 1, 13.
1926, 222.
1927, 222, § 5.
1930, 416, § 19.
Section 5. Such proportion of the tax paid by each bank under the 1
foregoing sections, after deducting any refund and any interest or costs 2
paid on account thereof, as corresponds to the proportion of its stock 3
owned by persons residing in this commonwealth shall be determined 4
by the commissioner and be distributed, credited and paid to the several 5
towns in which from returns or other evidence it ai)pears that such 6
persons resided on April first preceding, according to the number of 7
shares so held in such towns respectively, and the remainder of such 8
tax shall be retained by the commonwealth. The commissioner shall 9
forthwith upon such determination give written notice by mail or at their 10
office to the assessors of each town thereby afi'ected of the aggregate 11
amount so charged against and credited to it; and they may within ten 12
days after notice of such determination appeal therefrom to the board 13
of tax appeals. 14
Chap. 63.] taxation of corporations. 779
1 Section 6. At the expiration of ten days after said notice, if no Same subject.
2 appeal is taken or upon being informed of the decision of the board of of"h:ir™er°
3 tax appeals, the commissioner shall certify to the state treasurer the isti^mo'^j 9.
4 aggregate amount of charges against, and credits to, each town, as so p?"'f3^5^,|-
5 determined; and the treasurer shall thereupon withhold, out of any fgog Igo*^*'
6 sums payable bv the commonwealth to any town against which a charge m, § 16.'
7 is certified, the amount of such charge, and shall allow or pay over to §§''i.'i3 '
8 each town to which a credit is certified the amount of such credit. 1930; 4io,' § 20
1 Section 7. Any taxes assessed upon any bank under the provisions Taxes assessed
2 of the foregoing sections shall be in lieu of any and all other taxes under of certain
3 this chapter except taxes levied under the provisions of sections eleven 1923'i ^^^i 2.
4 to seventeen, inclusive.
1925. 202, § 1; 343, §5 I. 13. 1926,222. 239 Mass. 14.
1 Section 8. [Repealed, 1925, 343, § 1. (But see 1925, 343, § 13,
2 as amended by 1926, 222.)]
1 Section 9. [Repealed, 1925, 343, § 1. (But see 1925, 343, § 13,
2 as amended by 1926, 222.)]
1 Section 10. [Repealed, 1925, 343, § 1. (But see 1925, 343, § 13,
2 as amended by 1926, 222.)]
1 Section lOA. [Inserted, 1923, 487, § 2; repealed, 1925, 343, § 1.
2 (But see 1925, 343, § 13, as amended by 1926, 222.)]
1 Section lOB. [Inserted, 1923, 487, § 2; repealed, 1925, 343, § 1.
2 (But see 1925, 343, § 13, as amended by 1926, 222.)]
taxation of savings banks and savings departments of trust
companies.
1 Section 11. Every savings bank and every trust company having a Taxation of
2 savings department, as defined respectively in chapters one hundred savings^'b.^nks,
3 and sixty-eight and one hundred and seventy-two, shall pay to the pSnies"having'
4 commissioner, on account of its depositors, an annual tax of one half of ^^^^tf depart-
5 one per cent, which shall be levied on the amount of the deposits in a |?^|'i^*'
6 savings bank, and on the amount of the deposits in the savings depart- ises. i64.
7 ment of a trust company, to be assessed and paid as follows: one fourth ises, 315'.
8 of one per cent shall be assessed by the commissioner upon the average is8i!304;
9 amount of such deposits for the six months preceding May first, and 30.5%'i.
10 paid on or before May twenty-fifth; and a like percentage shall be ^gao, \ 00? f 4.
11 assessed upon the average amount of such deposits for the six months fgog oyi^s'a'
12 preceding November first, and paid on or before November twenty-fifth. isotI 246'.
1909. 342, § 1; 12 Allen, 312. 2.52 Mass. 180.
490, III, § 21. 123 .Mass. 493, 257 Mass. 43.
1911, 337. 126 Mass. 526. 259 Mass. 124.
1912, 189. 151 Mass. 103, 6 Wall. 611.
1922, 520, § 2. 211 Mass. 207. 17S U. S. 115.
1923, 378, § 3. 220 Mass. 409. 3 Op. A. G. 409.
5 Allen, 428. 231 Mass. 367.
[Abatements, § ISA.)
1 Section 12. So much of said deposits shall be exempt from taxation same subject.
2 under the preceding section as is invested in any of the following: §§4,' 5. '
3 (a) Real estate used for banking purposes. Jfel; 267',
780
TAXATION OF CORPORATIONS.
[Chap. 63.
1S68, 315.
1879, 115.
1881, 304, §§ 8,
9; 305, § 1.
P. S. 13. § 20.
1890, 160, § 4.
R. L. 14, § 19.
1906, 271, § 3.
1907, 246.
1908, 464, § 2,
1909, 490,
III, §21.
1912, 1S9.
1917, 257.
149 Mass. 1,
151 Mass. 103.
211 Mass. 207.
220 Mass. 409.
245 Mass. 75.
252 Mass. 180.
257 Mass. 43.
259 Mass. 124.
6 Wall. 611.
(b) Loans secured by mortgage of real estate taxable in this common- 4
wealth. 5
(c) Real estate the title of which has been acquired by foreclosure 6
or purchase under clause twelfth of section fifty-four of chapter one 7
hundred and sixty-eight, for five years after the title thereof is vested 8
in the corporation. 9
(d) Bonds or certificates of indebtedness of the United States. 10
(e) Bonds or certificates of indebtedness of the commonwealth issued 11
after January first, nineteen hundred and six. 12
(/) Bonds, notes and certificates of indebtedness of any county, fire 13
district, water district, light district, improvement district, city or town 14
in the commonwealth, issued on or after May first, nineteen hundred 15
and eight, stating on their face that they are exempt from taxation in 16
Massachusetts. 17
(g) Shares of stock of trust companies organized under the laws of the 18
commonwealth. 19
Companies to
make semi-
annual returns.
Contents.
Penalty.
1862, 224,
§§8,9.
P. S. 13, § 21.
1890, 160, § 4.
R. L. 14, § 20.
1906, 271, §4.
1909, 342, § 2;
490, III, § 22.
211 Mass. 207.
220 Mass. 409.
Section 13. Every savings bank and every trust company having a 1
savings department shall semi-annually, on or before May tenth and 2
November tenth, make a return to the commissioner, signed and sworn 3
to by its president and treasurer, of the amount of its deposits if a savings 4
bank, and if a trust company of the amount of deposits in its savings 5
department, on the first day of each of said months, and of the average 6
amount of such deposits for the six months preceding each of said last 7
mentioned days. A corporation neglecting to make such return shall 8
forfeit fifty dollars for each day during which such neglect continues. If 9
it wilfully makes a false statement in such return it shall be punished by 10
a fine of not less than five hundred nor more than five thousand dollars. 1 1
Section 14. [Repealed, 1931, 426, § 6.] 1
Exemption of SECTION 15. All deposits taxcd under section eleven shall be other- 1
deposits from . ^, . .,.,.,...
other taxes. wise exempt f rom taxation in any year in which said tax is paid. 2
1862, 224, 5 12. P. S. 13, § 23. 1909, 342, § 4; 490, III, § 23.
1864, 208, J 15. R. L. 14, § 21. 5 Allen, 428.
tex'^to pe°riod SECTION 16. Whenever a bank, as defined in section one of chapter 1
of incapatity to one hundred and sixty-seven, is restrained from doing business bv an 2
do busmess. ., .. ,, '^ ..,, ici ••' po
1911, 618. injunction issued by any court, or is in the hands of the commissioner oi 3
banks under said chapter, the tax payable by the bank under section 4
eleven, as computed on May first or November first next ensuing, after 5
the bank is incapacitated from doing business as aforesaid, shall be re- 6
duced by the same proportion which the number of business days during 7
the six mouths ne.xt preceding the said May first or November first on 8
which the bank was thus incapacitated bears to the total number of 9
business days in the said six months; and thereafter the bank shall be 10
relieved from paying taxes under said section so long as it continues to 11
be incapacitated from so doing business. 12
Taxation of
Massachusetts
Hospital Life
Insurance
Company.
1862, 224,
5§ 3, 7, 9.
1865, 283, § 18.
1S81, 304, § 8.
Section 17. The Massachusetts Hospital Life Insurance Company 1
shall semi-annually, on or before May tenth and November tenth, make 2
a return, signed and sworn to by a majority of its board of directors, of the 3
full amount of all money and property, in detail, in its possession or 4
charge as deposits, trust funds or for purposes of investment, and shall 5
Chap. 63.] taxation of corporations. 781
() pay to the commissioner upon all the same, except upon deposits invested r.|. u'.^lz.
7 in loans secured by mortgages of real estate taxable in this commonwealth mog. 271, 5 5.
8 and in bonds or certificates of indebtedness of the United States, a tax at !;/■ §||^'
9 the rate imposed upon savings banks on account of deposits. If saitl 1922; 520; 5 3,
10 corporation neglects to make such return, it shall forfeit fifty dollars for |Aba|emeDta, -
11 each day such neglect continues; and if it wilfully makes a false state-
12 ment in any such return, it shall be punished by a fine of not less than five
13 hundred nor more than five thousand dollars.
TAXATION OF SAVINGS BANK INSURANCE.
1 Section 18. Savings and insurance banks doing business under Certain insur-
2 chapter one hundred and seventy-eight shall, in respect to all funds held feTto^same" '
3 by the insurance department as a part of its insurance reserve or surplus, banrdepS.
4 and the General Insurance Guaranty Fund created by said chapter shall \l°l' sei' 1 24.
5 in respect to all funds held by it, pay to the commissioner the same taxes, « Op. a. g. 499.
6 at the same rate, to the same extent, and in the same manner as taxes [A^batements,
7 under section eleven are payable on deposits held by the savings depart-
8 ment. Savings and insurancfe banks shall not be taxable on funds held as
9 part of the expense guaranty fund, or of the insurance guaranty fund, nor
10 shall such banks or the General Insurance Guaranty Fund be liable to the
11 commonwealth for any taxes or fees provided to be assessed upon life
12 insurance companies, or for any taxes or fees except as above provided.
13 All insurance policies and annuity contracts issued by such banks shall
14 otherwise be exempt from taxation.
CORRECTION OF ASSESSMENT OF CERTAIN BANK T.VXES.
1 Section ISA. A bank or company taxable under section eleven. Correction of
2 seventeen or eighteen shall be notified by the commissioner of the tax certliiTtaxes.
3 assessed as soon as may be, and within sixty days after the date of notifi- apPp''e'lu"°°''
4 cation may apply to the commissioner for a correction of the assessment, J^^J; |25, § 1^
5 and in default of settlement may, within thirty days of the date of the
6 notice of the commissioner's decision, appeal therefrom to the board of
7 tax appeals. If abatement of a tax paid is granted, the overpayment
8 with interest thereon at the rate of six per cent per annum from the date
9 of payment shall be refunded to the bank or company by the state treas-
10 urer without any appropriation therefor by the general court.
taxation OF co-operative banks.
1 Section 19. The capital stock, corporate franchises and personal ^aS^^ohlve
2 property, but not the real estate, of co-operative banks shall be exempt
3 from taxation.
1890, 63. R. L. 14, § 23. 1909, 490, III, 5 25.
TAXATION OF INSURANCE COMPANIES.
1 Section 20. Every life insurance company, as defined by section one Taxation of
2 hundred and eighteen of chapter one hundred and seventy-five, author- compa!Jies.°
3 ized to transact business in the commonwealth shall annually pay an fgso,™!'?,
4 excise of one quarter of one per cent upon the net value of all policies in f^sVlig.
5 force on December thirty-first of the year preceding that in which the ^jfj^lfe.
6 tax is payable, issued or assumed by such company on the lives of resi- },****/■ ^l^'^^^^-
7 dents of this commonwealth as determined by the commissioner from 1903,307.
8 the return required under this section and such other evidence as he may lii, § 20.'
certain
exemptions.
782
TAXATION OF CORPORATIONS.
[Chap. 63.
1915, 217.
1919. 349, § 7.
133 Mass. 161.
198 Mass. 466.
220 Mass. 52.
227 Mass. 63.
obtain. All contingencies of any other character insured against by such 9
company under authority of clause sixth of section forty-seven of chapter 10
one hundred and seventy-five or any other provision of law, contracts for 11
which are required to be in separate and distinct policies, shall be taxable 12
under sections twenty-two and twenty-three of this chapter. Every such 1.3
company shall annually, on or before May first, make a return to the 14
commissioner, on oath of its president or secretary and its actuary, 15
gi\ing in such detail as the commissioner shall require the total number 16
of policies in force on December thirty-first preceding on the lives of 17
residents of this commonwealth, the aggregate net value thereof and the 18
aggregate amount insured. Whenever the commissioner deems it for 19
the best interest of the commonwealth he may require in addition to 20
the above information the following details relating to each policy of or- 21
dinary business in force on December thirty-first preceding on the life of 22
a resident of Massachusetts: the number, date and class, the age of the 23
assured, the amount insured and the net value. In respect to ordinary 24
business the aggregate net value so reported shall be the combined aggre- 25
gate of the mean reserve computed for each policy, or each group of 26
policies requiring a separate computation to determine their net value, 27
on the basis of valuation used or approved by the commissioner of insur- 28
ance under section nine of chapter one hmidred and seventy-five. In 29
respect to industrial business the aggregate net value so reported may 30
be estimated upon the basis of such general averages or otherwise as 31
shall be authorized by the commissioner with the approval of the com- 32
missioner of insurance. 33
Retaliatory
tax on foreign
life insurance
companies.
1873, 141. § 3.
P. S. 13, § 31.
R. L. 14, § 28.
1909. 490,
III. § 30.
1919. 349, § 11.
198 Mass. 466.
208 Mass. 386.
220 Mass. 52.
Taxation of
domestic fire,
marine and
other insurance
companies.
1862, 224,
§§ 1.6.
1872, 245.
1873, 141, 5 1.
P. S. 13, § 29.
1884, 180, § 5.
1894, 522, § 64.
R. L. 14. § 26.
1909, 490,
in. § 28.
1918, 184, § 2.
1919. 349. § 9.
1931, 426,
§185.
Section 21. Every foreign life insurance company shall annually
pay with respect to business taxable under the preceding section, in addi-
tion to the excise hereby imposed, a sum equal to the excess over such
excise of the amount of tax which would be imposed in the same year by
the laws of the state or country under which such company is organized,
upon a life insurance company incorporated in this commonwealth, or
upon its agents, if doing business to the same extent in such state or
country.
Section 22. Every domestic insurance company coming within the
scope of the definition of a domestic company in section one of chai)ter
one hundred and seventy-five, except life insurance companies with
respect to business taxable under section twenty, shall annually pay an
excise of one per cent upon the gross premiums for all policies written
or renewed, all additional premiums charged, and all assessments made
by such company on policyholders during the preceding calendar year;
but such premiums for policies written or renewed for insurance of prop-
erty or interest in other states or countries where a tax is actually paid
by such company, or its agents, shall not be so taxed.
224 Mass. 299.
1
2
3
4
5
6
7
8
1
2
3
4
5
(5
7
8
9
10
Taxation of
similar for-
eign com-
panies.
1862. 224, § 2.
1872, 228.
1873, 141,
§5 2, 4.
1878, 218, 5 3.
P. S 13,
§§30, 32.
1890, 197, 8 1.
Section 23. Every foreign insurance company coming within the
scope of the definition of a foreign company in section one of chapter
one hundred and seventy-five, except life insurance companies with
respect to business taxable under sections twenty and twenty-one, shall
annually pay an excise upon the gross premiums for all policies written
or renewed, all additional premiums charged, and all assessments made
din-iiig the preceding calendar year for insurance of property or interests
Chap. 63.] tax,\tion of corporations. 783
8 in this commonwealth, or which are subjects of insurance by contracts R. l. i4. ^^
9 issued through companies or agents therein, at the rate of two per cent i'Juy,'49o'.
10 but not less in amount than would be imposed by the laws of the state yi.'sa. ^ "
11 or country under which such company is organized upon a like insurance J^J^; l%] | %
12 company' incorporated in this commonwealth, or upon its agents, if 'j'-'fsV,*^*''
13 doing business to the same extent in such state or country. In case looMass.ssi.
14 any company discontinues business in this commonwealth and reinsures
15 the whole or part of its risks without making payment of this excise, the
16 company accepting such reinsurance shall pay the same, and if se\'eral
17 companies shall make such reinsurance, the tax shall be apportioned
IS among such companies in proportion to the original premiums on the
19 business in this commonwealth so reinsured by each company.
1 Section 24. In determining the amount of the tax payable under MucUons^ ^
2 sections twenty-one, twenty-two and twenty-three, there shall be de- isvs! ui, § 5.
3 ducted all premiums on policies written but not taken, or cancelled isss', 154.
4 through default of payment, and all premiums returned or credited to }|^S; {%• ^ ^•
5 policyholders during the year for which the tax is determined, provided Jlgljlf; ||*-
6 that all such premiums have been included as premium receipts in a R ^l'. i4^§ 31.
7 return made under the following section and a tax assessed thereon, and ij,i.g§||-'
8 all premiums paid to authorized companies for reinsurance, provided that 1917! 97. '
9 it is shown to the satisfaction of the commissioner that the tax on such \l\l] l%\ | [2,
10 premiums has been or will be paid in full by such reinsuring company. ^^* ^^^^- 23^-
1 Section 25. Every insurance company liable to taxation under sec- Returns of
I 111 Ti • T "'■e. marine
2 tion twenty-one, twenty-two or twenty-three shall annually ui January and other
3 make a return to the commissioner in such form as he shall prescribe, compan'ies.
4 on oath of its secretary or other officer having knowledge of the facts, i|^|; ^^^; 1 1
5 setting forth: if a domestic company, the total amount of gross pre- fgly /glgf f |-
6 miums for all policies written or renewed, of all additional premiums isao: 197.' § 2!
7 charged and of all assessments made, during the preceding calendar r.^l. ". § 3|-
8 year, and the amount of each class of deductions claimed under any loogiSgo!
9 "provision of this chapter; if a foreign company, the total amount of Io'ivSm, §1.
10 gross premiums for all policies written or renewed, of all additional \l\f^ 1^^; | *3
11 premiums charged and of all assessments made, during the preceding 224 Mass. 299.
12 calendar year for insurance of property or interests in this common-
13 wealth, or which are subjects of insurance by contracts issued through
14 companies or agents therein, and the amount of each class of deductions
15 claimed under any provision of this chapter, and in addition to the above
16 any information which the commissioner may require in assessing an
17 excise under any provision of law.
18 For cause, the commissioner may extend the time within which any
19 such statement may be filed, but not to a date later than March first.
1 Section 26. The books, papers and accounts of every insurance Books, etc.,
2 company and of its agents shall be open at all times to inspection and Samined.
3 examination by the commissioner and the commissioner of insurance, or ^^'^' ^*®'
4 their duly authorized representatives, for the purpose of verifying the
5 accuracy of the returns made under sections twenty and twenty-five.
1 Section 27. Every insurance company neglecting to make the return fj^f^^^'^y^'^^^ke
2 required by section twent^• or twenty-five shall forfeit twenty-five dol- return, etc..
1 ^ . ' 1 • 1 1 1 ,' Ti? and for false
3 lars for every day durmg which such neglect contmues. It any company statement.
4 neglects to make such return for ten days after notice thereof addressed ^^^^- ^^^- ^ "•
784
TAXATION OF CORPORATIONS.
[Chap. 63.
to it has been deposited in the post office, postage prepaid, it shall further 5
forfeit five hundred dollars, and upon an information by the attorney 6
general at the relation of the commissioner it may be restrained from 7
the further transaction of its business in this commonwealth until it has 8
made such return; but such penalties shall not be incurred if it is proved 9
that the return was duly made and deposited in the post office, postage 10
prepaid, properly directed to the commissioner, and that there was no 11
neglect. If any return required by said section twenty or twenty-five 12
contains a false statement which is known, or by the exercise of reason- 13
able care might have been known, to the officers making it, to be false, 14
such company shall be liable for the amount of tax thereby lost to the 15
commonwealth, and each offending officer shall forfeit not less than five 16
hundred nor more than five thousand dollars. 17
Assessment and
notice to
companies.
Application
for correction.
Appeal.
1873, 141. §8.
1878. 218. § 3.
P. S. 13. § 35.
1890, 197. § 2.
1892, 129.
R. L. 14, § 33.
1906, 271, § 8.
1909, 490,
III, §35.
1910, 235.
1919, 349, § 15.
1922, 520, § 5.
1923, 378, § 4.
1926,287, §4.
1927,225, § 2.
1930, 416, § 22.
Section 28. The commissioner, from such returns, and from such
other evidence as he may obtain, shall assess upon all insurance com-
panies subject to this chapter the taxes imposed by sections twenty to
twenty-three, inclusi\'e, and shall forthwith upon making such assess-
ment give to every such company notice of the amount thereof. Such
taxes shall become due and payable to the commissioner thirty days
after the date of such notice but not later than July first. All such taxes
shall bear interest at the rate of six per cent per annum from the date
payable until July first and, whether assessed before or after July first,
shall bear interest at the rate of twelve per cent per annum from July
first until they are paid. Within sixty days after the date of such notice 11
the company may apply to the commissioner for a correction of said' 12
excise, and in default of settlement may, upon application within thirty 13
days of the date of notification of the commissioner's decision, be heard 14
thereon by the board of tax appeals. If abatement of a tax paid is 15
granted, the overpayment with interest thereon at the rate of six per
cent per annum from the date of payment shall be refunded to the cor-
poration by the state treasurer without any appropriation therefor by
the general court.
9
10
16
17
18
19
Recovery of
tax, and in-
junction.
1873, 141, 5 10.
1878, 218. § 3.
P. S. 13. § 37.
1887, 283, § 3.
1890,197, § 2.
1892, 129.
R.L. 14, § 34.
1909, 490,
III, § 36.
1922, 520, 5 6.
Section 29. Every domestic or foreign insurance company shall be 1
liable for the full amount of all taxes assessed under this chapter upon 2
it or its agents, which, with interest as provided in the preceding section, 3
may be recovered in contract by the commissioner in the name of the 4
commonwealth. It shall further be liable, upon an information, to an 5
injunction restraining it and its agents from the further prosecution of 6
its business until all taxes due with costs and interest are fully paid. 7
1923, 378, § 5.
Definitions.
1923, 254, § 3;
438, § 5.
1909.490,
III, 5 39.
1919, 355, § 1.
1923, 438, § 5.
1930, 220, § 3.
T.\XATION OF BUSINESS CORPOR.\TIONS.
Section 30. When used in this section and sections thirty-one to
fifty-two, inclusive, the following terms shall have the following meanings:
1924, 26, § 2.
244 Mass. 530.
252 Mass. 345.
1. "Domestic business corporations", every corporation organized
under or subject to chapter one hundred and fifty-six, except corporations
organized under the provisions of section ten of chapter one hundred and
fifty-seven, and except domestic manufacturing corporations as defined
in section thirty-eight C.
3
4
5
6
7
Chap. 63.] taxation of corporations. 785
8 2. "Foreign corporations", every corporation, association or organiza- isos, 437,
9 tion established, organized or chartered under laws other than those of i9o.'->,'242.
10 the commonwealth, for purposes for which domestic corporations may in"! 39"'
1 1 be organized under chapter one hundred and fifty-six, which has a usual HHi 4;]^; 1 5^-
12 place of business in this commonwealth, or is engaged here, permanently 242"Ma"38; 47^'
13 or temporarily, in the construction, erection, alteration or repair of a
14 building, bridge, railroad, railway or structure of any kind; provided,
15 that said term shall not apply to such corporations, associations or organi-
16 zations without capital stock as are subject to taxation under section
17 eighteen of chapter one hundred and fifty-seven, or to foreign manufac-
18 turing corporations as defined in section fortj'-two B.
19 3. "Corporate excess", in the case of a domestic business corporation, 1919,355, §1.
20 except as hereinafter provided, the fair value of its capital stock on the last 1926! 279! § 4!
21 day of the taxable year as defined in paragraph numbered six of this sec- \lfi] HI] 1 67.
22 tion, less the value of the following on such date : _ ^ ^^l\ lll\
23 (o) The works, structures, real estate, motor vehicles, machinery,
24 poles, underground conduits, wires and pipes owned by it within the
25 commonwealth subject to local taxation, except such part of said real
26 estate as represents the interest of a mortgagee. The term "real estate",
27 as used in this subdivision and in subdivision (a) of paragraph four of this
28 section shall include the corporation's interest as lessee in such buildings
29 on land held under a lease as by the terms of the lease are the property of
30 and may be removed by the lessee, and such buildings, for the purposes of
31 said subdivisions and of sections fifty-five and sixty-eight A, shall not be
32 deemed real estate of the lessor.
33 (b) Securities, the income of which, if any, if received by a natural
34 person resident in this commonwealth, would not be liable to taxation,
35 except shares in national banks and voluntary associations, trusts and
36 partnerships.
37 (c) Its real estate, machinery, merchandise and other tangible prop-.
38 erty situated in another state or country, except such part thereof as
39 represents the interest of a mortgagee.
40 (f/) If any portion of its cash and accounts and bills receivable, exclud-
41 ing notes, is attributable to an office outside the commonwealth, the same
42 prtiportion of its cash and accounts and bills receivable, excluding notes,
43 which its real estate, machinery and merchandise situated in another
44 state or country bear to its total real estate, machinery and merchandise,
45 to the extent that such proportion fairly represents, in the judgment of
46 the commissioner, the amount which is properly allocable to such other
47 state or country.
48 If by reason of recent organization, or otherwise, the corporation is not
49 required to make to the commissioner a return of net income for a taxable
50 year, the value of the corporate excess shall be determined as of the first
51 day of April when the return called for by section thirty-five is due.
52 4. "Corporate excess employed within the commonwealth" by a 1919,353,
53 foreign corporation, except as hereinafter provided, such proportion of 1925, aoi, §1.
54 the fair value of its capital stock on the last day of the taxable year as Ig^i'.ilt'Ji.'
55 defined in paragraph numbered six of this section, as the value of the 256 Mass. 419.
56 assets, both real and personal, employed in any business within the com-
57 monwealth on that date, bears to the value of the total assets of the cor-
58 poration on said date, less the value of the following on such date:
59 (a) Works, structures, real estate, motor vehicles, machinery, poles,
60 underground conduits, wires and pipes owned by it withm the common-
786
TAXATION OF CORPORATIONS.
[Chap. 63.
1919, 355,
§§3, 16.
1922, 302.
1925, 265. § 1;
343, §§ lA, 13.
1926, 222.
1930, 220, § 3.
252 Mass. 193.
264 Mass. 396.
269 U. S. 620.
1919, 355, 5 1.
242 Mass. 37.
252 Mass. 193.
wealth subject to local taxation, except such part of said real estate as 61
represents the interest of a mortgagee. 62
(b) Securities held in the commonwealth, the income of which, if any, 63
if received by a natural person resident therein, would not be liable to 64
taxation, except shares in national banks, voluntary associations, trusts 65
and partnerships. In determining the proportion of assets employed 66
within the commonwealth, the commissioner may include such bank 67
deposits in other states as are employed principally in the conduct of the 68
business in the commonwealth. 69
If by reason of recent organization, or otherwise, the corporation is not 70
required to make to the commissioner a return of net income for a taxable 71
year, the value of the corporate excess employed in this commonwealth 72
shall be determined as of the first day of April when the annual return 73
called for by section forty is due. 74
5. "Net income", except as otherwise provided in sections thirty-four 7-5
and thirty-nine, the net income for the taxable year as recjuired to be 76
returned by the corporation to the federal government imder the federal 77
revenue act applicable for the period, adding thereto any net losses, as 78
defined in said federal revenue act, that have been deducted and all 79
interest and dividends not so required to be returned as net income which 80
would be taxable if received by an individual inhabitant of the common- 81
wealth ; provided that net income as defined in this paragraph shall not 82
include interest from bonds, notes or certificates of indebtedness of the S3
United States or of any federal instrumentality, if such interest is by the 84
constitution of the United States or by act of congress exempt from taxa- 85
tion under this chapter. 86
6. "Taxable year", the fiscal or calendar year for which the corpora- 87
tion was required to make its last return to the federal government due 88
prior to April first of the year in which the tax is to be assessed, or, if 89
such return was for a fractional period, a full year, including and ending 90
with such fractional period. 91
Corporate
excess, ele-
ments included
or not de-
ducted in de-
termining.
1919, 355,
5§1, 15.
1927, 258, § 2.
244 Mass. 530.
256 Mass. 419.
Section 31. In determining the corporate excess of a domestic busi- 1
ness corporation, or the corporate excess employed within the common- 2
wealth by a foreign corporation, the surplus and undivided profits shall 3
be included in estimating the value of the capital stock, and there shall 4
not be deducted the value of shares in national banks and in voluntary 5
associations, trusts and partnerships, nor of other securities the income 6
of which, if owned by a natural person resident in this commonwealth, 7
would be liable to taxation, nor shall there be deducted the value of any 8
shares of stock of the corporation itself owned directly or indirectly by 9
it or for its benefit; and the commissioner, in determining for the pur- 10
poses of taxation the value of the corporate excess of, or corporate excess 1 1
employed within the commonwealth by, any such corporation, shall not 12
take into consideration any debts of tlie corporation unless he is satisfied 13
that no part of such debts was incurred for the purpose of reducing the 14
amount of taxes to be paid by it, and, in the case of a corporation which is 15
a subsidiary of another corporation or closely affiliated therewith by stock 16
ownership, that such debts represent only the fair value of the property 17
or services given therefor. IS
Chap. 63.] taxation of corporations. 787
Domestic Corporations.
1 Section 32. Except as otherwise provided in sections thirty-four Excise on
2 and thirty-eight B, every domestic business corporation shall pay annu- buSncss"
3 ally, with respect to tlie carrying on or doing of business by it, an excise mg^^sl^f^.
4 equal to the sum of the following, provided, that every such corporation }953;||4; |i;
5 shall pay annually a total excise not less in amount than one twentieth js^e, sas, § 6.
6 of one per cent of the fair value of its capital stock on the day fixed for 1929; 359; § 2!
_, r. „,,,.. . 242 Mass. 37.
7 determmation or the value or its corporate excess: — - 244 Mass. 530.
8 (1) An amormt equal to five dollars per thousand upon the value of its 26? MaS 450!
r, . 264 Mass. 396.
9 corporate excess. _ _ 270 Mass. 19.
10 (2) An amount equal to two and one half per cent of its net income
11 determined to be taxable in accordance with the provisions of this chapter.
1 Section 32A. Every domestic business corporation deriving its Excise on
2 profits principally from the ownership, sale, rental or use of real estate or porations pnn-
3 tangible personal property shall pay annually, with respect to the carry- iTrlliuSe'^
4 ing on or doing of business by it, a total excise under this chapter not less per'sonltprop-
5 in amount than one twentieth of one per cent of said corporation's gross ^J,'^^- 424. 5 2
6 receipts from business assignable to this commonwealth as defined in 265 Mass. 210.
7 clause six of section thirty-eight.
1 Section 33. If a domestic business corporation which is a subsidiary Minimum tax
2 of a foreign corporation or closely affiliated therewith by stock ownership etc'!" "*' J*™^'
3 is so managed that, because of payments made to such other corporation igio! 549! § 1.
4 or its officers in excess of the fair value of the property or services given Im'mms! 530.
5 therefor, its books of account will not show its true earnings, it shall pay
6 as a minimum tax under this chapter an amount equal to one tenth of
7 one per cent of the said corporation's gross receipts for the taxable year
8 from business assignable to this commonwealth as defined in clause six of
9 section thirty-eight, unless it shall file, within ten days of a notice by the
10 commissioner of his determination to assess the corporation under this sec-
11 tion, a statement of its net income showing to the satisfaction of the com-
12 missioner its true earnings for the taxable year, eliminating therefrom
13 all payments to such other corporation or its officers in excess of the fair
14 value of the property or services given therefor.
1 Section 34. If two or more domestic business corporations partici- Net income
2 pated in the filing of a consolidated return of income to the federal gov- ^tSn con™
3 ernment, the tax under paragraph (2) of section thirty-two may, at their mg^ls!^, § 2.
4 option, be assessed upon their combined net income, which tax shall be I^Vats! 530.
5 assessed to all said corporations and collected from any one or more of
6 them. In the case of domestic business corporations thus affiliated and
7 not electing, under the foregoing provision, to be assessed upon their
8 combined net income, and in the further case of one or more domestic
9 business corporations filing with one or more foreign corporations a con-
10 solidated return of net income to the federal government, each such
11 domestic business corporation shall file with the commissioner, as a
12 part of its return required by this chapter, a statement of net income in
13 such form as he may prescribe, showing its gross income and deductions
14 in accordance with the law and regulations go\'erning the usual federal
15 returns of corporations not thus affiliated, and the net income thus shown,
16 after making deductions therefrom and additions thereto as provided in
788
TAXATION OF CORPORATIONS.
[Chap. 63.
paragraph five of section thirty, shall be the "net income" under this 17
chapter. If^
Section 34A. [Inserted, 1923, 254, § 1; repealed, 1924, 26, § 1.] 1
Returns.
1919, 355, 5 4.
244 Mass. 530.
Section 35. Every domestic business corporation shall, within the 1
first ten days of April, make a return as of April first, sworn to by its 2
treasurer or assistant treasurer, or in their absence or incapacity bj- any 3
other principal officer, in such form as the commissioner prescribes, 4
giving («) a copy of such parts as he may designate of the federal return 5
or returns for the year on the income of which the tax is to be assessed, 6
which it has made singly or with one or more other corporations, (b) 7
such other data as he requires to determine the proportion of net income 8
derived from business carried on within the commonwealth, (c) such 9
information as he requires for the determination of the corporate excess. 10
Whenever the time for filing its federal return has been extended, the 11
commissioner may extend the time for filing such return. 12
Correction
of return.
Additional tax.
1919, 355, § 5.
1927, 14S.
244 Mass. 530.
268 Mass. 355.
Section 36. If the assessment made by the federal government is
based upon a net income greater or less than the net income returned
by said corporation, or if an additional assessment is at any time made
on the ground that the net income was incorrectly returned in the first
instance, or if, after the tax as assessed is paid to the federal government,
any part of such tax is refunded, the corporation, within seventy days
after the receipt of notice of said fact, shall make return on oath to the
commissioner of the amount by which the net income originally returned
differs from the net income on which the tax was computed by the
federal government upon the latest determination by it of the proper
tax, and of the facts giving rise to the difference; provided that in case
the corporation appeals from a decision of the commissioner of internal
revenue or from a decision of the United States board of tax appeals,
the return required by this section shall be made within thirty days
after notice of the final determination on such appeal. If upon such facts
an additional tax is due the commonwealth, the commissioner shall
assess the additional tax, and the corporation shall, within thirty days
after receipt of notice from the commissioner of the amount thereof,
pay such additional tax with interest at six per cent from October
twentieth of the year in which the original return of the corporation was
due to be filed. If upon said facts a less tax is due the commonwealth
than that paid by the corporation, the state treasurer shall, upon certifi-
cation of the commissioner, rejDay within thirty days such difference
with interest at the rate of sLx per cent from the date of the overpayment
without any further statutory appropriation therefor. The provisions
of this section shall not be construed to authorize the commissioner to
make any assessment, the time for making which has by law expired,
except assessment, with interest as aforesaid, of such amount of addi-
tional tax as is incident to the increase in federal net income, nor to
authorize refund in excess of the amount of tax paid with respect to the
difference in net income determined by the federal reduction, with
interest as aforesaid.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
S'neUnoomo" Section 37. The Commissioner shall determine, in the manner pro- 1
[rom^business yidcd in this and the following section, the part of the net income of a 2
wealth. Ai- domcstic busiuess corporation tlerived from business carried on within 3
Chap. 63.] t.\xation of corporations. 789
4 the commonwealth. The following classes of income shall be allocated J.°r?ain°c°i8es
5 as follows: _ _ _ moTsse
6 (a) Interest and dividends included in net income as defined in sec- 1920! 415,' § 2.
7 tion thirty of this chapter shall be allocated to this commonwealth. §§ m. 13'.
8 (6) Gains realized from the sale of capital assets, if such assets con- Jg^f; f|g;
9 sist of intangible property or if they consist of real estate or tangible per- ^i^l^.^^^ 530.
10 sonal property situated in the commonwealth, shall be allocated to this
11 commonwealth.
12 (c) Gains received from the sale of capital assets, if such assets con-
13 sist of real estate or tangible personal property situated outside the
14 commonwealth, shall not be allocated in any part to this commonwealth.
1 Section 38. Income of the classes described in the preceding section Same subject.
2 having been allocated, the remainder of the net income as defined in remafnrkrot
3 section thirty shall be allocated as follows: _ DeVuaion.'
4 1. If the corporation carries on no business outside the commonwealth, J^i^; |^^; 1 1;
5 the whole of said remainder shall be allocated to this commonwealth. },^,~\p^'- Ih
6 2. If the corporation carries on any business outside the common- 261 Mass. 450.
7 wealth, the said remainder shall be divided into three equal parts:
8 (o) Of one third, such portion shall be attributed to business carried
9 on within the commonwealth as shall be found by multiplying said third
10 by a fraction whose numerator is the value of the corporation's tangible
11 property situated within the commonwealth and whose denominator is
12 the value of all the corporation's tangible property wherever situated.
13 (6) Of another third, such portion shall be attributed to business
1 i carried on wdthin the commonwealth as shall be found by multiplying
15 said third by a fraction whose numerator is the expenditure of the cor-
16 poration for wages, salaries, commissions or other compensation to its
17 employees, and assignable to this commonwealth as hereinafter pro\'ided,
IS and whose denominator is the total expenditure of the corporation for
19 wages, salaries, commissions or other compensation to all its employees.
20 (c) Of the remaining third, such portion shall be attributed to busi-
21 ness carried on within the commonwealth as shall be found by multi-
22 plying said third by a fraction whose numerator is the amount of the
23 corporation's gross receipts from business assignable to this common-
24 wealth as hereinafter provided, and whose denominator is the amount
25 of the corporation's gross receipts from all its business.
26 3. In a case where only two of the foregoing three rules are applicable,
27 the said remainder of net income of the corporation shall be divided
28 into two equal parts only, each of which shall be apportioned in accord-
29 ance with one of the remaining two rules. If only one of the three rules
30 is applicable, the part of the net income received from business carried
31 on within the commonwealth shall be determined solely by that rule.
32 4. The value of the corporation's tangible property for the purposes
33 of this section shall be the average value of such property during the
34 taxable year.
35 5. The amount assignable to this commonwealth of expenditure of
36 the corporation for wages, salaries, commissions or other compensation
37 to its employees shall be such expenditure for the taxable year as repre-
38 sents the compensation of employees not chiefly situated at, connected
39 with or sent out from premises for the transaction of business owned or
40 rented by the corporation outside the commonwealth.
41 6. The amount of the corporation's gross receipts from business as-
42 signable to this commonwealth shall be the amount of its gross receipts
790
TAXATION OF CORPORATIONS.
[Chap. 63.
for the taxable year from (a) sales, except those negotiated or effected
in behalf of the corporation by agents or agencies chiefly situated at,
connected with or sent out from premises for the transaction of business
owned or rented by the corporation outside the commonwealth and sales
otherwise determined by the commissioner to be attributable to the busi-
ness conducted on such premises, (b) rentals or royalties from property
situated, or from the use of patents, within the commonwealth; pro-
vided, that upon application by a corporation which owns or controls
substantially all the capital stock of another corporation, or by the cor-
poration so ownefl or controlled, the commissioner may impose the tax
provided for by this chapter upon the income of the two corporations
jointly in the same manner as though they were a single corporation,
or may, in such other manner as he shall determine, equitably adjust
the tax of the applying corporation.
7. If a corporation maintains an office, warehouse or other place of
business in a state other than this commonwealth for the purpose of
reducing its tax under this chapter, the commissioner shall, in determin-
ing the amount of its gross receipts from business assignable to this com-
monwealth, include therein the gross receipts from sales attributed by
the corporation to the business conducted at such place of business in
another state.
8. In the case of consolidated returns of net income, the commissioner
shall allocate such income, so far as practicable, in accordance with the
above rules.
9. A rule shall not be deemed to be inapplicable merely because all
the tangible property or the expenditure of a corporation for wages,
salaries, commissions or other compensation, or the gross receipts of the
corporation, are found to be situated, incurred, or received without the
commonwealth.
10. [Repealed, 1926, 338, § 1.)
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
Computation SECTION 38A. The net income of a domestic business corporation 1
fneome.'''"'"^ allocated to this commonwealth shall be its net income subject to tax 2
1926, 33S, § 2. , , , . 1 , Q
1930, 220, § 4. under this chapter. "i
Taxation of
certain
corporations
dealing
exclusively
in securities.
1929, 359, § 1.
1931,366. § 1.
Section 38B. Every domestic business corporation, which is engaged 1
exclusively in buying, selling, dealing in, or holding, securities on its 2
own behalf and not as a broker, shall pay annually an excise equal to 3
the sum of the following and such a corporation shall not be subject to 4
the excise imposed by section thirty-two: _ 5
(a) An amount equal to six per cent of such income, received by the 6
corporation during the preceding calendar year, as would be subject to 7
taxation under section one of chapter sixty-two, if received by a natural 8
person resident in this commonwealth; provided, that the corporation 9
shall receive a deduction on account of interest paid, in the same manner 10
and to the same extent that a natural person is entitled to receive such 11
a deduction under sections two anfl three of said chapter sixty-two. 12
(h) An amount ccjual to one and one half per cent of such income, 13
received by the corporation during the preceding calendar year, as would 14
be subject to taxation under clause (b) of section five of said chapter 15
sixty-two, if received by a natural person resident in this common- 16
wealth, the same to be computed in accordance with the provisions of 17
section six of said chapter sixty-two, so far as applicable, but without 18
Chap. 63.] tax.\tion of couporations. . 791
19 deducting any exemption under authority of said clause (b) and without
20 making any deduction under clause (g) or (h) of said section six.
21 (c) An amount equal to three per cent of the excess of the gains over
22 the losses received by the corporation during the preceding calendar
23 year from purchases or sales of intangible personal property.
24 But in no event shall the total excise so payable by such a corporation
25 be less in amount than one twentieth of one per cent of the fair value of
26 its capital stock on the last day of the taxable year as defined in para-
27 graph numbered six of section thirty.
28 Such a corporation shall annually on or before April tenth, file a return
29 in such form as the commissioner shall prescribe giving such informa-
30 tion as he shall require for determination of the excise under this section.
31 The commissioner shall assess and collect said excise, and all provisions
32 of this chapter relative to the assessment, collection, payment, abate-
33 ment, verification and administration of the excise imposed by said
34 section thirty-two, including penalties, shall, so far as pertinent, be
35 applicable to the excise determined under this section.
1 Section 38C. Every corporation organized under or subject to Domestic
2 chapter one hundred and fifty-six which is engaged in manufacturing "^poratfons?*
3 shall, for the purposes of this chapter, be deemed to be a domestic manu- ^nd uxSioS.
4 facturing corporation. Every domestic manufacturing corporation shall JJ^|"„''eS^
5 be taxed in the same manner and shall have the same duties under this '3^°"' '°-
6 chapter as a domestic business corporation, except that from the net 1930,220, §5.
7 income of a domestic manufacturing corporation, allocated to this
8 commonwealth, there shall be deducted the same proportion thereof
9 which the fair cash value of machinery owned by the corporation and
10 used in manufacturing in the commonwealth bears to the value of its
1 1 total assets employed in the commonwealth, and the amount remaining
12 shall be its net income subject to tax under this chapter. All provisions
13 of this chapter relative to the assessment, collection, payment, aba,te-
14 ment, verification and administration of taxes, including penalties,
15 applicable to domestic business corporations shall, so far as pertinent,
16 be applicable to taxes upon domestic manufacturing corporations.
Foreign Corporations.
1 Section 39. Except as otherwise provided herein, every foreign Excise on
2 corporation shall pay annually, with respect to the carrying on or doing p°oratk.nr'
3 of business by it within the commonwealth, an excise equal to the sum Iggo: 549,' |2'.^'
4 of the following, provided that every such corporation shall pay annually ;^23. |24.^§g3.
5 a total excise not less in amount than one twentieth of one per cent of i926, 338, § 7.
6 such proportion of the fair value of its capital stock as the assets, both 242 Mass'. 47.
'* . _. *i*i Ij.1 *i'*4 iviass. OoU.
7 real and personal, employed m any busmess withm the commonwealth 252 Mass. 345.
8 on the day fixed for determination of the value of the corporate excess 254 Mass! em.
9 employed within the commonwealth bear to the total assets of the corpo- |56 Mass. 270,
10 ration employed in business on said date: lei MaSl 396'.
11 (1) An amount equal to five dollars per thousand upon the value of the
12 corporate excess employed by it within the commonwealth.
13 (2) An amount equal to two and one half per cent of its net income
14 determined to be taxable in accordance with the provisions of this chapter.
15 If two or more foreign corporations doing business in this common-
16 wealth participated in the filing of a consolidated return of income to the
17 federal government, the tax under paragraph (2) above may, at their
792
TAXATION OF CORPORATIONS.
[Chap. 63.
option, be assessed upon their combined net income, in M'hich case the 18
tax shall be assessed to all said corporations and collected from any one 19
or more of them. Foreign corporations thus affiliated and doing business 20
in this commonwealth, which do not elect, under the foregoing provision, 21
to be assessed upon their combined net income, and all other foreign 22
corporations doing business in this commonwealth, which have filed with 23
one or more corporations not subject to this section a consolidated return 24
of net income to the federal government, shall each file with the commis- 25
sioner, as a part of the return required by this chapter, a statement of 26
net income in such form as he may prescribe, showing the gross income 27
and deductions in accordance with the law and regulations governing the 28
usual federal returns of corporations not thus affiliated; and the net 29
income thus shown, after making deductions therefrom and additions 30
thereto as provided in paragraph five of section thirty, shall be the " net 31
income " under this chapter. 32
OT?ub"idiaries. Section 39A. The provisions of section thirty-three imposing a 1
1922 492, 1 2. minimum tax upon domestic business corporations in certain cases shall, 2
244 Mass. 530. . ,., i p • • • i i • o
m like cases, apply to foreign corporations with respect to the carrying on 6
or doing of business by them in the commonwealth. 4
Section 39B. [Inserted, 1923, 254, § 2; repealed, 1924, 26, § 1.] 1
Excise on
gross receipts
of corpora-
tions prin-
cipally dealing
in real estate
or tangible
personal prop-
erty.
1923, 424, § 4.
Section 39C. Every foreign corporation deriving its profits princi-
pally from the ownership, sale, rental or use of real estate or tangible
personal property shall pay annually, with respect to the carrying on or
doing of business by it, a total excise under this chapter not less in amount
than one twentieth of one per cent of said corporation's gross receipts
from business assignable to this commonwealth as defined in clause six of
section thirty-eight.
Returns, etc.,
of foreign
corporations.
1919, 355,
§§ 17, 18.
242 Mass. 47.
244 Mass. 530.
Section 40. Every foreign corporation shall make returns as pro-
vided in sections thirty-five and thirty-sLx; and all provisions of said
sections shall apply to such corporations, except that the term "corpo-
rate excess" in said section thirty-five shall, in the case of a foreign
corporation, mean the corporate excess employed by it within the
commonwealth.
Determination
of net income
from business
in common-
wealth. Al-
location of
income.
1919. 355, § 19.
1920, 415, § 5;
549, § 3.
1925, 343,
§§2. 13.
1926, 222;
338, § 3.
235 Mass. 572.
242 Mass. 47.
244 Mass. 530.
Section 41. The commissioner shall, except as otherwise provided 1
in section forty-two, determine in the manner provided in this section 2
the part of the net income of a foreign corporation deri\-ed from business 3
carried on within the commonwealth. 4
The following classes of income shall be allocated as follows : — 5
(a) Gains realized from the sale of capital assets, if such assets consist 6
of real estate or tangible personal property situated in the commonwealth, 7
shall be allocated to this commonwealth. 8
{b) Interest received from any corporation organized under the laws 9
of the commonwealth, or from any association, partnership or trust 10
having transferable shares and ha\'ing its principal place of business in 11
the commonwealth, or from any inhaliitant of the commonwealth, except 12
interest received on deposits in trust companies or in national banks doing 13
business in the commonwealth, shall be allocated to this commonwealth. 14
Chap. 63.] taxation of corporations. 793
15 (c) Gains realized from the sale of capital assets other than those
16 named in paragraph (o) above shall not be allocated in any part to this
17 coiumomvealth.
18 (d) Interest other than that described in paragraph (6) above and
19 dividends shall not be allocated in any part to this commonwealth.
20 Income of the foregoing classes having thus been allocated, the re-
21 mainder of the net income as defined in section thirty shall be allocated
22 as follows: — ■
2.3 If a foreign corporation carries on no business outside this common-
24 wealth, the whole of said remainder shall be allocated to this common-
25 wealth.
26 If a foreign corporation carries on any business outside this common-
27 wealth, the remainder of the net income shall be allocated as provided in
28 paragraphs 2 to 9, inclusive, of section thirty-eight.
1 Section 42. A foreign corporation carrying on part of its business same, aitema-
2 outside the commonwealth may, by notification to the commissioner on i9i9!"355.°§'20.
3 or before the time when its return under this chapter is due to be filed, o^Va^s! It*'
4 refuse to accept the allocating method set forth in the preceding section, ^i* Mass. 530.
5 A foreign corporation, which so refuses, and every such corporation,
6 which is foreign to the United States and which is required to return to the
7 federal government only income from sources within the United States,
8 shall, on or before May tenth, file with the commissioner, under oath of
9 its treasurer, a statement in such detail as the commissioner shall require,
10 showing the amount of its annual net income derived from business
11 carried on within the commonwealth, and such further information as
12 the commissioner may require with reference thereto, and the commis-
13 sioner shall determine the amount of the net income received from busi-
14 ness carried on within the commonwealth. The amount thus deter-
15 mined, after making the deduction provided for by section forty-two
16 A, shall be the net income taxable under this chapter and the foregoing
17 determination shall be in lieu of the determination required by the pre-
18 ceding section.
1 Section 42A. The net income of a foreign corporation allocated to Computation
2 this commonwealth shall be its net income subject to tax under this "bre^ncome.
3 chapter.
1926, 338, § 5. 1930, 220, § 6.
1 Section 42B. Every corporation, association or organization estab- Foreign man-
2 lished, organized or chartered under laws other than those of the com- corporations,
3 monwealth, which has a usual place of business in the commonwealth jrexhi'.'tT.m
4 and is engaged in manufacturing therein, shall, for the purposes of this [™™ ,"';'■
5 chapter, be deemed a foreign manufacturing corporation. Every for- i^so, 220, § 7.
6 eign manufacturing corporation shall be taxed in the same manner and
7 shall have the same duties under this chapter as other foreign corpora-
8 tions, except that from the net income of a foreign manufacturing corpo-
9 ration, allocated to this commonwealth, there shall be deducted the
10 same proportion thereof which the fair cash value of machinery owned
11 by the corporation and used in manufacturing in the commonwealth
12 bears to the value of its total assets employed in the commonwealth,
13 and the amount remaining shall be its net income subject to tax under
14 this chapter. All provisions of this chapter relative to the assessment,
15 collection, payment, abatement, verification and administration of taxes,
794
TAXATION OF CORPORATIONS.
[Chap. 63.
including penalties, applicable to other foreign corporations shall, so far 16
as pertinent, be applicable to taxes upon foreign manufacturing corpora- 17
tions. 18
Credit for
dividends paid
to inhabitants.
1919. 355, § 21.
242 Mass. 47.
244 Mass. 530.
Section 43. After determining the amount of tax due from any for- 1
eign corporation under paragraph (2) of section thirty-nine, the commis- 2
sioner shall then credit the corporation with a sum equal to five per 3
cent of the dividends paid by it, during the previous calendar year, to 4
inhabitants of this commonwealth, and the amount then remaining due 5
shall be the amount of tax to be levied upon the corporation under said 6
paragraph; provided, that if more than one half of the capital stock 7
of any such corporation is owned by another foreign corporation not 8
subject to taxation under sections thirty to fifty-one, inclusive, but has 9
stockholders who are inhabitants of this commonwealth and are subject 10
to taxation upon their income under section one of chapter sixty-two, 11
such corporation, upon filing with the commissioner such information 12
as he shall deem necessary for the purpose, shall be credited with a 13
sum equal to five per cent of such a proportion of its total dividends as 14
will prevent double taxation of the income of the corporation and of the 15
di\idends of such other foreign corporation actually taxed to inhabitants 16
of this commonwealth. 17
Assessment
of tax.
1919, 3.55,
§§7,22.
256 Mass. 419.
Assessment and Collection.
Section 44. The commissioner shall determine, from the returns re- 1
quired by this chapter and from any other a^'ailable information, the 2
net income derived from business carried on within the commonwealth 3
and the corporate excess of every domestic business corporation, and 4
the net income derived from business carried on within the common- 5
wealth of, and the corporate excess employed within the commonwealth 6
by, every foreign corporation, and shall assess thereon the tax pro- 7
vided for in this chapter. Except as otherwise provided in this chapter, 8
the part of said tax which is based upon the value of the corporate 9
excess, or corporate excess employed within the conuuonwealth, shall be 10
assessed and collected in the same manner and with the same powers as 11
provided in this chapter for the taxation of corporate franchises, and 12
shall be subject to the other administrative provisions thereof. He shall 13
not determine the income of any such corporation, which has filed a 14
return within the time prescribed by law, to be in excess of the income 15
shown by such return, without notifying the corporation and giving it 16
an opportunity to explain the apparent incorrectness of the return. 17
For the purpose of verifying any such return, the commissioner may, 18
within two years after September first of the year in which such return 19
was due, examine personally or by deputy or agent the books and papers 20
of the corporation, which shall be open to such officer for verification. 21
Assessment of
additional tax.
1919. 355,
§§ 7, 22.
1922, 520, § 7
Section 45. If the commissioner discovers from the ^•erification of 1
a return, or otherwise, that the full amount of any tax due under sections 2
tiiirty to fifty-one, inclusive, has not been a.ssessed, he may, at any time 3
1931. 426, 5 68. .^^.j^|^i,.j ^^q years after September first of the year in which such assess- 4
ment should have been made, assess the same, first giving notice to the 5
corporation to be assessed of his intention; and a rej)resentative of the 6
corporation shall thereupon have an opportunity, within ten days after 7
such notification, to confer with the commissioner as to the proposed 8
Chap. 63.] taxation of corporations. 795
9 assessment. After the expiration of ten days from the notification the
10 commissioner shall assess the amount of the tax remaining due to the
11 commonwealth, and shall give notice to the corporation so assessed.
12 Any tax so assessed shall be payable to the commissioner fourteen days
13 after the date of the notice.
1 Section 46. If no return, or an incorrect or insufficient return, has Double assess-
2 been filed, and the corporation so in default refuses or neglects after SsSftofiie'or
3 notice to file a proper return, or if a fraudulent return has been filed, the return'™'
4 commissioner shall determine the income of the corporation according §5'? '22^'
5 to his best information and belief, and shall assess the same at double
6 the amount so determined, which additional tax shall be in addition to
7 the other penalties provided for by this chapter.
1 Section 47. The commissioner shall make from time to time such Regulations.
2 reasonable rules and regulations, consistent with sections thirty to fifty- §§'7,' 22,^'
3 one, inclusive, as he may deem necessary for carrying out their provisions.
1 Section 48. Except as provided by section forty-five, the com- Notice of tax.
2 missioner shall annually, as soon as may be after the first Monday of ment."^ ''^^"
3 August, give notice to the treasurer of each corporation of the amount mmmi's°ioi!S.
4 of any tax levied upon it under sections thirty to fifty-one, inclusive, of i?^|' f^^.^^ ^s
5 the date upon which such amount is payable and of the time within issd. 415,
6 which the corporation may apply for a correction of the tax; but failure 1922, 520, § s.
7 to receive said notice shall not affect the validity of the tax. Such
8 taxes shall be payable to the commissioner within thirty days after the
9 date of said notice, but not before October twentieth. In the collection
10 of all taxes under said sections thirty to fifty-one, inclusive, the com-
11 missioner shall have all the remedies provided by this chapter for the
12 collection of other taxes upon corporations.
1 Section 49. If a corporation fails to file the returns required by Penalty for
2 sections thirty-five, thirty-six and forty when they are due, there shall mg^ss™'
3 be added to and become a part of the tax, as an additional tax, the sum ^^ ®' ^*'
4 of five dollars for every day during which the corporation is in default;
5 but the commissioner may abate any such additional tax in whole or in
6 part.
1 Section 50. If any return required by section thirty-five, thirty-six Penalty for
2 or forty contains a false statement which is known or, by the exercise of 1919,^355]'"™ '
3 reasonable care might have been known to the officer making it to be 5§9. 24.
4 false, such officer and the corporation shall be liable for the amount of
5 tax thereby lost to the commonwealth, and in addition to a penalty of
6 not less than five hundred nor more than five thousand dollars.
1 Section 51. Any corporation aggrieved by the assessment of a tax ,\batement9.
2 under sections thirty to fifty, inclusive, may apply to the commissioner igig^ss,
3 for an abatement thereof at any time within sixty days after the date fgoo^'sss, § 3.
4 upon which the notice of assessment is sent; and if after a hearing or Jglyials, ||:
5 otherwise the commissioner finds that the tax is excessive in amount or 248 Mass. ise.
6 that the corporation assessed is not subject thereto, he shall abate it in
7 whole or in part accordingly. If the tax has been paid the state treasurer
8 shall repay to the corporation assessed the amount of such abatement.
796
TAXATION OF CORPORATIONS.
[Chap. 63.
with interest thereon at the rate of six per cent per annum from the time 9
when it was paid. Any corporation aggrieved by the refusal of the com- 10
missioner to abate a tax in whole or in part under this section may appeal 11
in the manner provided by section seventy-one. 12
Unconstitu-
tionality, etc.,
of §§ 30-51,
effect.
1919, 355, § 32.
1920, 549, § 4.
1926, 219.
1930, 422.
244 Mass. 530.
253 Mass. 529.
256 Mass. 270.
Constitutionality.
Section 52. If the provisions of section thirty-two imposing an 1
excise on domestic business corporations and, by reference in section 2
thirty-eight C, on domestic manufacturing corporations as therein 3
defined are declared unconstitutional or inoperative by a final judgment, 4
order or decree of the supreme court of the United States or of the supreme 5
judicial court of the commonwealth, such portion of the law relating to 6
business corporations, and domestic manufacturing corporations as so 7
defined, as set forth in sections thirty to fifty-one, inclusive, as relates 8
solely to domestic business corporations, and domestic manufacturing 9
corporations as so defined, shall be null and void, and such portion of 10
said law as relates in part to domestic business corporations, and domestic 1 1
manufacturing corporations as so defined, shall become inapplicable to 12
such corporations. In such event, all laws applicable to domestic busi- 13
ness corporations, including domestic manufacturing corporations as so 14
defined, which were repealed or were made inoperative as to, or inappli- 15
cable to, such corporations by chapter three hundred and fifty-five of 16
the General Acts of nineteen hundred and nineteen shall thereupon be 17
revived and become operative and applicable in respect to such corpora- 18
tions and shall be continued in full force and effect from the first day of 19
January antedating by three years the first day of January of the calen- 20
dar year in which such final judgment, order or decree is entered, to the 21
same extent as if said chapter three hundred and fifty-five had not been 22
enacted. If the provisions of section thirty-nine imposing an excise on 23
foreign corporations and, by reference in section fort\-two B, on foreign 24
manufacturing corporations as therein defined are declared unconstitu- 25
tional or inoperative by any such final judgment, order or decree, such 26
portion of the law relating to business corporations, and foreign manu- 27
facturing corporations as so defined, as set forth in sections thirty to 28
fifty-one, inclusive, as relates solely to foreign corporations and foreign 29
manufacturing corporations as so defined shall be null and void, and such 30
portion of said law as relates in part to foreign corporations and foreign 31
manufacturing corporations as so defined shall become inapplicable to 32
such corporations. In such event, all laws applicable to foreign corpora- 33
tions, including foreign manufacturing corporations as so defined, which 34
were repealed, or were made inoperative as to, or inapplicable to, such 35
corporations or to the property thereof by said chapter three hundred and 36
fifty-five shall thereupon be revived and become operati\e and apj^licable 37
in respect to such corporations and the property thereof and shall be 38
continued in full force and eft'ect from the first day of January antedating 39
by three years the first day of January of the calendar year in which such 40
final judgment, order or decree is entered, to the same extent as if said 41
chapter three hundred and fifty-five had not been enacted. The commis- 42
sioner and the local assessors shall as soon as may be assess all taxes for 43
which liability has been incurred under the laws revived, made operative 44
or applicable or continued in force by the foregoing provisions or any of 45
them. The time for assessing such taxes shall be extended for a period 46
of one year from the date of entry of such final judgment, order or decree 47
CH.^.P. 63.] TAXATION OF CORPOIL-VTIONS. 797
48 and, for performing any duty subsequent to assessment, the time shall
49 be extended for a further period after such assessment commensurate
50 with the period which would ha\-e obtained under the laws hereby revived
51 and again made operative, applicable and continued in force. Privileges
52 and rights granted shall be correspondingly extended. Excises declared
53 invalid by reason of the foregoing premises, which were assessed on or
54 after the date when the laws repealed or made inoperative or inapplicable
55 by said chapter three hundred and fifty-five are revived, made operati\e
56 or applicable or continued in force as herein provided, shall, to the extent
57 that such excises have been paid and are unrefunded, be credited against
58 the taxes assessed for the same period under the laws revived and again
59 made operative, applicable and continued in force; provided, that if such
60 credit exceeds the taxes due, the excess shall be refunded upon warrant
61 of the commissioner to the state treasurer. There shall be no further or
62 other recovery of the amounts thus credited or refunded. If any part,
63 section or subdivision of said sections thirty to fifty-one, inclusive, other
64 than the provisions in section thirty-two, thirty-eight C, thirty-nine or
65 forty-two B imposing an excise, shall be declared unconstitutional or
66 inoperative, the remaining parts of said sections thirty to fifty-one,
67 inclusive, shall not be affected thereby.
TAXATION OF CORPORATE FRANCHISES.
1 Section 53. Every corporation organized under general or special Annual returns
2 laws of the commonwealth for purposes of business or profit, having a sioner.
3 capital stock divided into shares, except banks otherwise taxable under §§2,'3. '
4 this chapter, except insurance companies with capital stock and mutual Isso! lu', § I'.
5 insurance companies with a guaranty capital or permanent fund whose fss^'. 238^ § t
6 premiums are otherwise taxable under this chapter, and except corpora- !§§§■ ^1°- . „.
7 tions taxable under sections thirty to nity-one, inclusive, in addition to i898 417;
8 all returns required by its charter, and in addition to all returns other- R. L. 14. § 37.
9 wise required under this chapter, shall annually, between April first 1903', 437; § %.
10 and tenth, make a return to the commissioner, on oath of its treasurer, ii.°§'2'i'i^'iii,
11 stating the name and place of business of the corporation, and setting | ^^^'' ^^^'
12 forth as of April first of the year in which the return is made: in^k lo^'
13 First. The total authorized amount of its capital stock; the amount 502, § 3.'
14 issued and outstanding and the amount then paid thereon; the classes, 1912! 124!
15 if any, into which it is divided; the par Value and number of its shares; 1915] 34*' '
16 the market value of the shares of each class of its stock outstanding. {gj^; Jlf; \ f:
17 Second. A statement in such detail as the commissioner may require ffjg ^5^^355
18 of the assets, both within and without the commonwealth, belonging to § 12, '
19 the corporation, with the value thereof, and of the liabilities of the 1922! 49.
on :• 1923, 402, § 2.
20 corporation. 1925, 343.
21 Third. A statement, in a form prescribed by the commissioner, of the 1926, 222.
22 profit or loss resulting from the business of the corporation for the twelve I22 MaSi 456.
23 months ending with December thu-ty-first preceding the year in which 2^3 Mass. 119.
24 the return is made. 1 Op. a.^'g. 278.
25 Fourth. A complete list of the shareholders of the corporation, their
26 residences, by city or town and state, the amount and class of stock,
27 if more than one, belonging to each. If stock is held as collateral secur-
28 ity, the list shall state the name and residence of the pledgor and of the
29 pledgee. In lieu of such list a railroad, street railway, electric railroad,
30 gas, electric, water, telephone or telegraph corporation may file a state-
31 ment of the number of its shares held by non-residents.
798
TAXATION OF C0RP0R,4.TI0NS.
[Chap. 63.
Additional
information
required of
certain corpo-
rations, etc.
18G4, 208,
§§ 2, 3.
1.S65, 283, § 3.
1880, H7, § 2.
P. S. 13, § 38.
1885, 238, § 1.
1886, 270.
1888, 413, § 24,
1898,417;
578, § 2.
R. L. 14, § 37.
1902, 342, § 2.
1903, 437, § 48
1906, 463, II,
§ 211, III,
§ 125; 616,
§ 14.
1909, 267, § 1 ;
490, III, § 40;
502, § 3.
1911, 379.
1912, 457.
1914, 198.
1917, 122
1918, 184
257, § 76.
1919, 5; 355,
§12.
1920, 2.
207 Mass. 514.
228 Mass. 202.
1 Op. A. G. 278
, S6.
, 5 5.
i5;
Returns of
foreign tele-
grapli com-
panies.
1864, 208, 5 9.
1865, 283, § 7.
P. S. 13, § 42.
R. L. 14, § 48,
1909, 490,
III, § 52.
125 U. S. 530.
141 U. S. 40.
163 U. S. 1.
Section 54. In addition to the facts required by the preceding sec-
tion, the following classes of corporations shall give in their returns the
following information :
Railroad, telegraph, street railway and electric railroad corporations
shall state the whole length of their lines and the length of their lines
without the commonwealth.
Electric railroad corporations shall also state the length of their lines
constructed on private land.
Street railway and electric railroad corporations shall also state the
length of track operated by them in each town on Marcli thirty-first
preceding the return, to be determined by measuring as single track the
total length of all tracks operated by them, including sidings and turn-
outs, and including tracks owned by them, those which they lease and
those over which they have trackage rights only, and the amount of
dividends paid on their capital stock during the >'ear ending on Septem-
ber thirtieth preceding the return, and dm-ing each year from the organ-
ization of the company.
Telephone companies incorporated under the general or special laws
of the commonwealth, and manufacturing, owning, using, selling or
licensing others to use telephones or other apparatus or appliances per-
taining thereto wholly or partly within the commonwealth, and all such
companies organized without the commonwealth for the purpose of
establishing, owning or licensing others to use such telephones, appa-
ratus or appliances, but having in use within it any of their lines or tele-
phones, shall state, in such form as the commissioner may require, the
facts necessary to ascertain the deductions authorized by the following
section. If the return of a domestic telephone company sets forth the
amount and market value of any stocks in other corporations held by
the company making the return upon which a tax has been assessed and
actually paid either in this or in any other state for the year preceding
the date of said return, the commissioner shall examine the books, ac-
counts and papers of such other corporations so far as may be necessary
for the verification of said return.
Railroad, street railway and electric railroad corporations or com-
panies organized elsewhere than in the commonwealth, but having lines
therein, shall likewise make the returns required by this section.
Every corporation or association chartered or organized without the
commonwealth which owns, controls or uses a line of telegraph within
the commonwealth, shall make the returns requiretl in this and the pre-
ceding section to be made by telegraph companies within the common-
wealth, except the list of shareholders, or statement in lieu thereof
required by the preceding section; and all telegraph lines within the
commonwealth controlled and used by such corporation or association,
shall, for the piu-poses of this chapter, be deemed to be a part of its own
lines.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Valuation of
corporate
franchise, etc.
Deductions.
1864, 208,
§§5,6.
1865, 283,
§§4,5.
1880, 117, § 2.
P. S. 13,
§§ 39. 40.
1885, 238. § 1.
1886, 270,
Section 55. The commissioner shall ascertain from the returns or 1
otherwise the true market value of the shares of each corporation re- 2
quired to make a return under section fifty-three or lift,>-four, and shall 3
estimate therefrom the fair cash value of all the shares constituting its 4
capital stock on April first preceding, which, unless by the charter of a 5
corporation a different method of ascertaining such value is pro\'ided, 6
shall, for the purposes of this chapter, be taken as the true value of its 7
Chap. 03.] taxation of corporations. 799
8 corporate franchise. From such \'akie there shall be made the follow- i898, 4i7 ^^
9 ing deductions: _ _ }m3'437'|72
10 First. In case of a railroad, telegraph, street railway or electric igor,; 463. '
11 railroad corporation or company, whether chartered or organized in ni.^s^'le; 5i6,
12 this commonwealth or elsewhere, so much of the value of its capital 1V07, 395
13 stock as is proportional to the length of that part of its line, if any, ^^i'^'flji^g^-
14 lying without the commonwealth; and also the value of its works, 'J/j'q5«^^Jp
15 structures, real estate, motor vehicles, machinery, poles, underground 1012! 491.'
16 conduits, wires and pipes, subject to local taxation within the common- \?At'. m^' ^ ^'
1-1,1 1918, 184, §6.
17 wealth. 1919, 332; 355.
18 Second. In case of a domestic telephone company, the amount and ^gl, 290, § 3.
19 market value of all stock in other corporations held by it upon which a }^|^;|?|; ||-
20 tax has been paid in this or other states for the twelve months last wsi! 426;j ei).
,.,,,,, 13 Allen, 391.
21 preceding the date oi the return. 98 Mass. 19,
22 Third. In case of a domestic or foreign telephone company, so much Ig'Mass. i46.
23 of the value of its capital stock as is proportional to the number of tele- J^? ^^2: ia '
24 phones used or controlled by it, or under any letters patent owned or J« Mass. 598.
25 controlled by it, without the commonwealth. \f^ Mass. es^
26 Fourth. In case of a domestic or foreign telephone company, the 195 Mass! 528;
« . 1 I , I 1*1 T * ^12 Mass. 156.
27 value of its works, structures, real estate, motor vehicles, machinery, 213 Mass. 54.
28 poles, underground conduits, wires and pipes, subject to local taxation 2i5Mas3:326.
29 within the commonwealth. 222Mass. 51.
30 Fifth. In case of corporations subject to section fifty-three or fifty- ^^7 Mass. 225,
31 four, other than railroad, telegraph, telephone, street railway and electric 245 Mass. 75^
32 railroad corporations or companies, the value as found by the commis- 257 Mass. 43.'
n 1 - 1 1 , , , 1*1 1 • 125 U. S. 530.
33 sioner of their works, structures, real estate, motor vehicles, machinery, ui u. s. 40.
34 poles, underground conduits, wires and pipes, subject to local taxation 2''op. a.g.'
35 wherever situated. _ Op.'a. a.
36 Sixth. In case of corporations owning stock of an electric company d^^o) i46, 29a
37 under section nine A of chapter one hundred and sixty-four as thereto
38 authorized by the department of public utilities, the deduction mentioned
39 in paragraph Fifth above and the fair cash value, as found by the com-
40 missioner, of the stock of such electric companies so owned.
41 For the purposes of this section the commissioner may take the value
42 at which any works, structures, real estate, motor vehicles, machinery,
43 poles, underground conduits, wires and pipes are assessed at the place
44 where they are located as the true value, but such local assessment shall
45 not be conclusive of the true value thereof.
46 The term "real estate", as used in this section and in section sixty-
47 eight A, shall include the corporation's interest as lessee in such build-
48 ings on land held under a lease as by the terms of the lease are the
49 property of and may be removed by the lessee, and such buildings, for
50 the purposes of said sections and of subdivision (a) of paragraph three
51 of section thirty and subdivision (a) of paragraph four of said section
52 thirty, shall not be deemed real estate of the lessor.
1 Section 56. [Repealed, 1925, 343, § 4. (But see 1925, 343, § 13,
2 as amended by 1926, 222.)]
1 Section 56A. A foreign telephone company carrying on part of its va'^e of^
2 business outside of the commonwealth may, within the time when its frannhises
3 franchise tax return under this chapter is due to be filed, request de- foref^n""
4 termination of the value of its corporate franchise subject to taxation eompan'iL.
800
TAXATION OF CORPORATIONS.
[Chap. 63.
alternative
method of de-
termining.
1923, 310.
in the commonwealth by a method other than that hereinbefore pro- .5
vided and hereinafter referred to as " the statutory method ". Such a 6
foreign telephone company shall within thirty days thereafter file with 7
the commissioner, under oath of its treasurer, a statement showing in 8
detail the value of its corporate franchise as aforesaid, and such other 9
information as the commissioner shall require for assessment of the tax. 10
The commissioner shall in such case ascertain the value of such franchise 1 1
as aforesaid and to that end may determine such value by a method 12
other than "the statutory method" but nothing herein contained shall 13
be construed to prevent the application of "the statutory method" in 14
case the commissioner shall deem such method equitable. 15
Tax to be paid
on corporate
franchise.
Rate, how
determined.
1864, 208. § 5.
1865, 283, § 5.
1880, 117, § 2.
P. S. 13, § 40.
1885, 238, § 1.
1886, 270.
1888. 413, § 24.
1898, 417.
R. L. 14, § 40.
1903, 437, § 74.
1904, 261.
1906, 271,
§§9, 12; 463,
II, § 214,
in, § 128;
516, § 17.
Section 57. [Repealed, 1928, 13, § 2.]
Section 58. Every corporation subject to section fifty-three or fifty-
four shall annually pay a tax upon its corporate franchise, after mak-
ing the deductions provided for in section fifty-five, at a rate equal to
the average of the annual rates for three years preceding that in which
such assessment is laid, said annual rates to be determined by an ap-
portionment of the whole amount of money to be raised by taxation
upon property in the commonwealth during each of the said three years,
as returned by the assessors of the several towns under section forty-
seven of chapter fifty-nine, upon the aggregate valuation of all towns
for each of the said three years, as returned under said section forty-
seven.
1909,490, III, §43;
513, §§ 1-3.
1913, 453, § 2.
1914, 198, § 6.
1918, 222; 264, § 1.
1919, 355, § 12.
1921, 394.
1924, 247, § 1.
1925, 343, §§5, 13.
1926, 222.
12 Allen, 75. 298.
13 Allen, 391.
98 Mass. 19, 25.
99 Mass. 146.
137 Mass. SO.
179 Mass. 15.
192 Mass. 129.
195 Mass. 385, 528.
208 Mass. 616.
212 Mass. 156.
222 Mass. 51.
223 Mass. 371.
224 Mass. 181.
246 Mass. 242.
6 Wall. 632.
178 U. S. 115.
2 0p. A. G. 558.
3 Op. A. G. 335.
4 0p. A. G.501.
Op. A. G. (1920) 293.
1
2
3
4
5
6
7
8
9
10
11
Section 58A. [Inserted, 1924, 247, § 1; repealed, 1925, 343, § 6. 1
(But see 1925, 343, § 13, as amended by 1926, 222.)] 2
Additional tax SECTION 59. When the commissioner has received notice of an abate- 1
to DG &SSGSSGQ
upon corporate nicnt of the taxcs of any corporation under section seventy-four of chap- 2
vTiuc.'efc. ter fifty-nine, he shall assess upon such corporation an additional tax 3
1909! m in'. u])on its corporate franchise value, in such amount as shall make the 4
^ *^' total franchise tax equal that which would have been assessed had the 5
valuation as established by said abatement been adopted by the com- 6
missioner when making his original assessment upon the corporate fran- 7
chise value of such corporation, which additional tax shall be paid and 8
collected as an addition to the franchise tax next to be assessed upon 9
said corporation after such abatement; but such additional tax, when 10
collected, shall be distributed as if it were part of the original tax. 11
Notice of tax,
time of pay-
ment, right of
correction and
appeal.
1865, 283, § 11.
1880, 227, § 2.
P. S. 13,
§§ 26, .')3.
1887, 283, § 1.
1888, 413, § 23.
1898, 417.
R. L. 14. 5 54.
Section 60. The commissioner shall annually, as soon as may be
after the first Monday of August, give notice to the treasurer of every
corporation, company or association liable to any tax under section
fifty-eight, of the amount thereof, the time when due, the right to ap{)ly
for correction, and the right of appeal, all as herein provided. Said tax
shall be due and payable to the commissioner within thirty days after the
date of such notice, but not before October twentieth. The ta.xpajer
Chap. 63.] taxation of corporations. 801
8 may apply to the commissioner, within sixty days after the date of the i903. 437, s 77.
9 notice, for the correction of the tax, and in default of settlement may, §'5 16, n!
10 within thirty days of the date of notification of the commissioner's de- n?,^§ 57°'
11 cision, appeal therefrom to the board of tax appeals. If abatement of a §|'fs,"'|o.'
12 tax paid is granted the overpayment with interest thereon at the rate of Jgo^'lfo' f g-
13 six per cent per annum from the date of payment shall be refunded to the ^fp^ 225] § 4.
l-l taxpayer bv the state treasurer without anv appropriation therefor by 222 Mass.' 450. '
15 the general court even though such sum is not deductible from a tax or
16 taxes to be distributed to the several towns.
EXCISE on street RAILW'AYS, ETC., IN COMMUTATION OF REPAIRS, SNOW
removal, etc.
1 Section 61. [Repealed, 1928, 138.]
1 Section 62. [Repealed, 1928, 138.]
1 Section 63. [Repealed, 1928, 138.]
1 Section 64. [Repealed, 1928, 138.]
1 Section 65. [Repealed, 1928, 138.]
1 Section 66. [Repealed, 1928, 138.]
EXCISE on corporations INTERESTED IN SHIPS AND VESSELS.
1 Section 67. The commissioner shall annually assess as of the last Excise on
2 day of the taxable year, as defined in paragraph numbered six of section ship, etc.
3 thirty, an excise tax upon the interest of every corporation organized iss^Im.
4 under the laws of this commonwealth and having a place of business fjl-io.'
5 therein, in any ship or vessel which has, during the period of its business j||^' ^^^•
6 in the year preceding such day, been engaged in interstate or foreign Jl^J' J'^.
7 carrying trade or engaged exclusively in fishing and documented and isss! 353!
8 carrying "papers" under the laws of the United States, which tax shall §57-9. '
9 be one third of one per cent upon the value of such interest as determined §1°^,' 2^375.
10 by him. Such tax shall become due and shall be collected at the same Jn.^g'io''
1 1 time and in the same manner as other taxes assessed to such corporations. Hlf *ll' 1 3-
12 The president and treasurer of everv such corporation owning an interest i93i.'426,'§is8.
10 • II- I 1 11 ■ 11 • I • I n 1 r. A •! 19.5 Mass. 607.
13 in any such ship or vessel shall annually, within the first ten days 01 April, 270 Mass. 19.
14 make a return to the commissioner, on oath, setting forth in detail the
15 name of the ship or vessel, the interest of the corporation therein, and the
16 value of such interest. If the commissioner is satisfied of the truth of
17 the return he shall deduct said value from the value of its corporate excess
18 as determined by him, if it is taxable under sections thirty to thirty-
19 eight C, inclusive, or from the value of its corporate franchise, if it is
20 ta.xable under section fifty-eight.
miscellaneous PROVISIONS.
1 Section 68. The taxes imposed by this chapter upon any corpora- Taics in this
2 tion shall not aft'ect or prevent the imposition and collection of any other exXslve""'
3 tax now authorized, or that may hereafter be authorized, upon any rH; fs*^! lo*
4 especial privilege, franchise or business enjoyed or exercised by such r^l. 14^564.
5 corporation.
1909. 490, 111, § 67.
802 TAXATION OF CORPORATIONS. [ChAP. 63.
^?Si!n ot"/ ora- SECTION 68A. If the valuc of the works, structures, real estate, motor 1
tions when vehiclcs, machinery, poles, underground conduits, wires and pipes owned 2
vaiuaTion by a Corporation taxable under any provision of this chapter and which 3
commissioner's are subjcct to local taxation within the commonwealth, as determined by 4
i928!*i3?§ 1. the commissioner, is less than the value thereof as determined by the 5
assessors of the town where it is situated, he shall give notice of his deter- G
mination to such corporation; and, unless within one month after the 7
date of such notice it applies to said assessors for an abatement, and, 8
upon their refusal to grant an abatement, prosecutes an appeal under 9
section sixty-four of chapter fifty-nine, giving notice thereof to the com- 10
missioner, the valuation of the commissioner shall be conclusive upon said 1 1
corporation. 12
bookstand"' Section 69.- Every corporation taxable under this chapter, except 1
examination a forcigu Corporation taxable under section twenty-one, twenty-three or 2
1864. 208,' § 16. fifty-eight, shall, when required for the purposes of any tax except that 3
i88o! 22?; § 2. ' imj^osed on its income by section thirtj'-two or thirty-nine, submit its 4
§"§20,^59. books to the inspection of the commissioner, and its treasurer and di- 5
lis?! 283[ § 1. rectors to examination on oath relative to all matters affecting the deter- 6
1898' 41?' ^ ^^' minations to be made by said commissioner. 7
R. L. 14, § 63. 1903, 437, § 81. 1909, 490, III, § 66. 1919, 349, § 22.
inpafa'taxes SECTION 70. Corporations which neglect to pay taxes assessed bj' the 1
i9oi' PI' commissioner under this chapter shall pay interest at the rate of six per 2
R. l'. 14, § .56. cent per annum from the time when such ta.xes were payable until paid, 3
1909! 4m', ' if such payment is made before the commencement of proceedings for the 4
i9i'9 355, recovery thereof, and twelve per cent if made after the commencement 5
§§ 9, 24.
1922, 520, § 10.
thereof. 6
R?plyment SECTION 71. Exccpt as otherwise provided, any party aggrieved by 1
Abatement of any dcclsion of the commissioner upon any matter arising under this 2
assessments. chapter from which an appeal is given, may appeal to the board of tax 3
1877', 164! " appeals within thirty days after notice of his decision. Any overpayment 4
R a' i"!,^' ■ of tax determined by decision of said board of tax appeals shall be reim- 5
i898!'4^i7. bursed by the commonwealth with interest at the rate of six per cent 6
fgos 437 S^82 P^'" ^'inum from the time of payment. Taxes, excises, costs or expenses 7
1909' 490 °^ ^^y kind assessed upon any corporation, company or association, 8
III, §68.' except a municipal corporation, under the provisions of this chapter or 9
§23; 350,' Corresponding provisions of earlier laws, which are unpaid and are un- 10
i92o!'385, §2. collectable, may be abated by the board of tax appeals on the recom- 11
1922! 339! § 2. mcudatiou of the attorney general and commissioner at any time after 12
1926, 287, § 6. ^jjg cxpiratiou of five years from the date when the same became payable. 13
1930, 416, § 24. 222 Mass. 450. 252 Mass. 345.
212 Mass. 434. 248 Mass. 156. 256 Mass, 419.
Jrtums're-"^ Section 71A. Returns required by this chapter shall, except in pro- 1
sficted. ceedings to collect the taxes or enforce the penalties pro\ided herein, be 2
open only to the inspection of the commissioner, his deputies, clerks 3
and assistants, and such other officers of the commonwealth as may 4
have occasion to inspect them for the purpose of assessing or collecting 5
taxes. 6
ClL^P. 63.] TAXATION OF CORPORATIONS.
803
COLLECTION.
1 Section 72. When a tax or excise of any kind remains due to or is Collection of
± K_;-L,v> -1 X VJ.1 • — . , , « • ■ tax by warrant.
2 claimed by the commonwealth from a corporation, company or associa- iHai, 52,
3 tion, whether existing by authority of the commonwealth or otherwise, issi', 155.
4 except a municipal corporation, for ten days after notice given through 5'j Ij'ge.
5 the mail by the commissioner to its treasurer or other financial agent Jloasos:
6 that such tax or excise is due and unpaid, the commissioner may, in ^^°tll^-^QQ^
7 addition to other modes of relief, issue his warrant, directed to the loos, 437, § 83.
8 sheriffs of the several counties, or their deputies, or to any constable, ji'j.g5 69;
9 commanding the collection of such tax or excise. Such warrant may be §§^u, 26.'
10 substantially in the form of and served in the same manner as those \IU] 3^l\ 1 7.^'
11 issued by tlie assessors of towns. The warrant shall run throughout the ^32 Mass. 22.
12 commonwealth, and any officer to whom it is directed may serve it in
13 any county. The warrant shall not run against the body of any person
14 nor shall any property of such delinquent corporation, company or asso-
1.3 elation be exempt from seizure and sale thereon. The officer having
16 such warrant shall collect such tax or excise, and interest upon the same
17 at the rate of twelve per cent per annum from the time when such tax
15 or excise became due, and may collect and receive for his fees the sum
19 which an officer would be entitled by law to receive upon an execution
20 for a like amount. He shall also collect one dollar for the warrant,
21 which he shall pay to the commissioner.
1 Section 73. If a corporation, company or association fails to pay a Action at law
2 tax levied under this chapter the commissioner may recover the same pail tails.""
3 in contract in the name of the commonwealth.
1862, 224, § 11. P. S. 13. §§22, 37, 54. 1919. 355. §§ 11, 26.
1864, 208, § 14. 1898, 417. 1922, 520, § 12.
1865, 283. § 14. 1900, 398. 1931,426, § 189.
1873, 141, § 10. R. L. 14, § 57. 11 Allen, 283.
1876, 59. 1903. 437, § 78. 2 Op. A. G. 226.
1878, 218. § 3. 1909, 490, III, § 61.
1 Section 74. The lessee of the works, structures, real estate or ma- Lessee of
2 chinery of any corporation, company or association taxed under this p?operty''iiabie
3 chapter shall also be liable for the payment of the tax, and upon such 1865^283. § i6.
4 payment may, in the absence of an agreement to the contrary, retain it fggl; '/iV^ ^'^'
5 out of the rent of the property, or recover it in an action against the fgoslsy^j^so
6 lessor.
1909, 490, III, § 63. 1919, 355, §§ 11, 26.
1 Section 75. In addition to the methods provided by sections seventy- Collection of
2 two and seventy-three, taxes under this chapter may be collected by an information.
3 information brought in the supreme judicial court by the attorney gen- i865! 2S3,' § 14!
4 eral at the relation of the commissioner. The court may issue an injunc- Jfyg; l\l\ 1 3°'
5 tion upon such information, restraining the further prosecution of the 1,**°; f~J- ^ *■
6 business of the company, association or corporation until such taxes, ||22. 28, 36,
7 with interest and costs thereon, have been paid; but no telegraph com- i|98, 417.
8 pany accepting the provisions of section fifty-two hundred and sixty-three r. l'. 14. § S8.
9 of the Revised Statutes of the United States shall be enjoined from Jooiiwo;
10 constructing, maintaining or operating a telegraph line over and along Igi'g^lls,
11 any of the military or post roads of the United States within this com- fjo^'slo, § 13.
12 monwealth.
1931,426,5190. 125U. S. 530.
804
TAXATION OF CORPORATIONS.
[Chap. 63.
Transfer of
assets without
notice to com-
missioner void
in certain cases.
1910, 1S7.
1919, 349, § 19;
355, §§ 11, 26.
1923, 140.
242 Mass. 37.
Op. A. G.
(1920) 290.
Section 76. The sale or transfer, otherwise than in the ordinary 1
course of trade and in the regular and usual prosecution of the corpora- 2
tion's business, of any part or the whole of the assets of a domestic 3
business corporation, or of any part or the whole of the assets situated 4
in the commonwealth of a foreign business corporation, shall be fraudu- 5
lent and void as against the commonwealth, unless such corporation 6
shall, at least five days before the sale or transfer, notify the commis- 7
sioner of the proposed sale or transfer and of the price, terms and condi- S
tions thereof, and of the character and location of said assets. Whenever 9
such a corporation shall make such a sale or transfer, the tax imposed 10
by this chapter shall become due and payable at the time when the 11
commissioner is so notified, or, if he is not so notified, at the time when 12
he should have been notified. 13
This section shall not apply to sales by receivers, assignees under a 14
voluntary assignment for the benefit of creditors, trustees in bank- 15
ruptcy, or public officers acting under judicial process. 16
relief from unlawful taxes.
Section 77. [Repealed, 1930, 416, § 2.]
Section 78. [Repealed, 1930, 416, § 2.]
Penalties on
certain corpo-
rations, etc.,
for neglect to
make returns,
etc.
1862, 224, § 9.
1864, 208, § 14.
1865, 283, § 14.
1873, 141, § 9.
PENALTIES AND THEIR ENFORCEMENT.
Section 79. Any corporation, company or association, liable to tax-
ation under section fifty-eight, neglecting to make the returns required
by this chapter, or refusing or neglecting, when required, to submit to
the examinations provided for therein, shall forfeit such sum not greater
than two per cent upon the par value of its capital stock as the court
may deem just and equitable.
1878, 218, § 3. 1892, 129.
1880, 227, § 4. 1898, 417.
P. S. 13, §§ 7, 28, 36, 54. R. L. 14, §§ 55, 59.
1890, 197, § 2. 1908, 318.
1909, 490, III,
§ 59; 528.
1914, 198, § 6.
249 Mass. 290.
Collection of SECTION 80. Penalties and forfeitures imposed by this chapter may
penalties. .^..jv/ .„ i'j.j.1 i
1862, 224, be collected by an action of contract under section se^'enty-tnree or by
186^4, 208, § 14. an information under section seventy-five. An injunction issued upon
1873', i4i; ^ "■ such an information may contain a provision continuing it in force until
ms, 2i'8, § 3. the returns required by this chapter have been filed.
1880. 227. § 4. 1903, 437, §§ 50, 78. 1914. 198, § 6.
P S 13, §§'22,28, 36, 54. 1906. 346. §§ 1, 2. 1919. 349, § 14.
1898,417. 1908,318. 1931, 426. § 191.
1900, 398 1909, 490, III, §§ 58, 196 Mass. 458.
R. L. 14, §§ 55, 58. 59, 62; 528. 125 U. S. 530.
"Local taxa-
tion" to in-
clude excise
tax on motor
vehicles, etc.,
for purposes
of certain
sections.
DEFINITION.
Section 81 . For the purposes of sections thirty, fifty-five and sixty-
eight A, the words "local taxation", or their equivalent, as used in said
sections with respect to motor vehicles shall include the excise tax on
motor vehicles assessed and levied under chapter sixty A.
1928, 379, § 8.
1
2
3
4
Ch.\p. 04.]
TAXATION OF STOCK TRANSFERS.
805
CHAPTER 64.
TAXATION OF STOCK TRANSFERS.
Sect.
1. Excise on transfers, etc., of shares of
stock.
2. Excise to apply to sales, etc., of shares
in voluntary associations.
3. Commissioner to prepare and sell
stamps.
4. Commissioner to make contracts for
plates, printing, etc., and keep
plates, etc.
5. Person affixing stamp to cancel it.
6. Refunding of loss by stamps errone-
ously affixed.
7. Commissioner may make rules and reg-
ulations.
8. Transfer not enforceable, etc., unless
tax paid.
Sect.
9. Recovery of excise by suit.
10. Persons making sales, etc., to keep
records in books.
11. Corporations and associations to keep
records of transfers, etc.
Commissioner to enforce tax by ex-
amination of books, etc.
Penalty for refusal to permit examina-
tion, failure to keep books or to pre-
serve books or papers, or false entry.
Unauthorized sale, etc., of stamps pro-
hibited. Penalty.
Evasion of tax. Penalty.
Counterfeiting, restoring, etc. Penalty.
Fraudulent failure to cancel stamp.
Penalty.
12.
13.
14.
1.5.
16.
17.
1 Section 1 . An excise shall immediately accrue and be collected on Excise on
2 all sales or agreements to sell or memoranda of sales or deliveries or trans- ofThares oV"
3 fers of shares or certificates of stock in any domestic or foreign corpora- fg^.TTo, § i.
4 tion, whether made upon or shown by the books of the corporation, or }|;|; |?^; | ^j
5 by any assignment in blank, or by any delivery, or by any paper or agree- i9,i9. s; 3«.
6 ment or memorandum or other evidence of transfer or sale, whether or im 2.
7 not entitling the holder in any manner to the benefit of such stock or to
8 secure the future payment of money or the future transfer of any stock,
9 of two cents on each one hundred dollars of face value or fraction thereof,
10 except in cases where the shares or certificates of stock are issued without
11 face value, in which case the excise shall be at the rate of two cents for
12 each and every share of stock. The person making or effectuating the
13 sale or transfer shall procure, affix and cancel the stamps and pay the
14 excise imposed by this section. Said excise shall not apply to the original
15 issue of shares of stock; nor to an agreement evidencing the deposit of
16 stock certificates as collateral security for money loaned thereon, which
17 certificates are not actually sold, nor to such certificates so deposited;
18 nor to the transfer of stock certificates of a deceased person to his executor
19 or administrator; nor to the transfer of stock certificates by a trustee to
20 his successor or co-trustee under the same trust. The payment of said
21 excise shall be denoted by adhesive stamps affixed as follows: in case
22 of sale where the evidence of transfer is shown only by the books of the
23 company, the stamp shall be placed on said books; and where the change
24 of ownership is by transfer of a certificate the stamp shall be placed on
25 the certificate; and in cases of an agreement to sell, or where the transfer
26 is by delivery of the certificate assigned in blank, there shall be made
27 and delivered by the seller to the buyer a bill or memorandum of sale,
28 to which the stamp shall be affixed; and every such bill or memorandum
29 of sale or agreement to sell shall show the date thereof, the name of the
30 seller, the number of shares and the face value, if any, and the matter or
31 thing to which it refers, and no further excise is hereby imposed upon
32 the delivery of the certificate of stock, or upon the actual issue of a
806
TAXATION OF STOCK TR-^NSFERS.
[Chap. 64.
new certificate when the original certificate of stock is accompanied by 33
the (kily stamped memorandum of sale or agreement to sell as herein 34
provided. 35
Excise to
apply to sales,
etc., of shares
in voluntary
associations.
1914, 770. § 10.
1915. 23S. § 5,
Section 2. Said excise shall accrue and be collected on all sales or 1
agreements to sell or memoranda of sales or deliveries or transfers of 2
the certificates of participation or shares of all voluntary associations 3
existing under an instrument or declaration of trust the beneficial in- 4
terest under which is divided into transferable certificates of partici- 5
pation or shares, except such issues, agreements and transfers as are 6
excepted by the preceding section; and all provisions made in this 7
chapter for the regulation and collection of the excise, and all the penal- 8
ties and forfeitures in connection therewith, shall apply to the excise 9
to be collected under this section. 10
fo°™r"'lre°and SECTION 3. Adhcsive stamps for the purpose of paying the excise
sell stamps under this chapter shall be prepared by the commissioner in such form,
1919! 350! § 53. of such denominations and in such quantities as he may prescribe. He
shall make pro\-ision for the sale of such stamps in such places and at
such times as he deems necessary.
Commissioner SECTION 4. The commissioucr shall make and execute in behalf of 1
to make con- , , , ,- i • i , i • ^ • o
tracts for tlic commouwealth contracts tor dies, plates and printing necessary 1
etc?and"keep^' for the manufacture of the stamps required by this chapter. He shall 3
i9i4T77o!§ 5. be the custodian of the stamps, dies, plates and other materials and 4
things used in the manufacture of said stamps. 5
Person affixing
stamp to
cancel it.
1914, 770, § 4.
Section 5. Wlienever an adhesive stamp is used under this chapter,
the person using or aflSxing it shall write or stamp thereon the initials
of his name and the date when the same is affixed or used, and shall
cut or perforate the stamp in a substantial manner, so that it cannot
be used again.
Refunding of Section 6. If auv stamps have been erroneously aflixed, the com-
loss by stamps • . ^ „ t • i' i r l_ x
erroneously af- missiouer, upou presentation oi a claim tor the amount or such stamps,
1914,770, § 11. and upon the production of evidence satisfactory to him that such
1930, 41°; § 25.' stamps were affixed erroneously so as to cause loss to the persons making
1
2
the claim by said amount, or such part thereof as he may allow, shall
certify to the comptroller the amount so erroneously paid, and the state
treasurer shall pay said amount \\ithout any appropriation therefor by
the general court. Such claims shall be presented to the commissioner
in writing duly verified, shall state the full name and address of the
claimant, the date of the erroneous affixing, and the face value of the 10
stamps, shall describe the document to which the stamps were affixed, 11
and shall contain such evidence as may be available upon which the 12
demand for repayment is based. Such claims shall be presented MJthin 13
Appeaito board ninety days after the alleged erroneous affixing. If the commissioner 14
of tax appeals. ^^-^^^^^ ^ Jj^^jj^ ^^j. .^,^y j,.^j.^ thereof, thc claimant may, within thirty days 15
after the date of the rejection, apply to the board of tax appeals, which 16
shall thereupon review the facts in the case, and shall forthwith gi\c a 17
written decision to the claimant and to the commissioner; and if the 18
board grants any repayment to the claimant, the amount of the repay- 19
ment shall be certified and paid as herein provided. 20
Chap. G4.] taxation of stock transfers. 807
1 Section 7. The commissioner may make such rules and regulations Commissioner
2 consistent with this chapter as he deems necessary, and may prescribe pe^s^^wij
3 such further forms, books, records and papers as he deems essential for m5r238™§ 6.
4 carrying out its provisions.
1 Section 8. No transfer of stock made after December first, nine- j^ransfer^not
2 teen hundred and fourteen, on which an excise is imposed by this chap- etc., unless'
3 ter or corresponding provisions of earlier laws, which excise is not paid iIh'^Tto, §9.
4 at the time of such transfer, shall be made the basis of any action or legal ^^^°' •'®*-
5 proceeding, nor shall proof thereof be offered or received in evidence in
() any court in this commonwealth; provided, that nothing contained in
7 this paragraph shall apply to proceedings authorized by this chapter.
8 ^Yhere, through accident, mistake or inadvertence, and without any
9 intent to evade this chapter, the said excise is not paid at the time of the
10 transfer, the commissioner may allow the excise to be paid at a later
11 time, under such rules and regulations as he may from time to time
12 establish, and if so paid the penalty provided by section fifteen for fail-
13 ure to pay the excise shall not be enforced, and any transfer on which
14 the excise shall have so been paid shall have the same legal effect as if
15 the excise had actually been paid at the time of the transfer, and shall
16 not be subject to the provisions of the first paragraph of this section.
1 Section 9. The excise imposed by this chapter may be recovered fxcisJby s'llit.
2 in an action brought in Suffolk county in the name of the common- i^i*- "o- § ».
3 wealth, or by an information in equity in the name of the attorney
4 general brought in the supreme judicial court for said county.
1 Section 10. Every person, firm, association or corporation making Persona making
2 a sale, agreement to sell, delivery or transfer of shares or certificates of keepVecords
3 stock, or conducting or transacting a brokerage business, shall keep Su "tvo, § 7.
4 or cause to be kept at some accessible place within the commonwealth ^^^^' ^^*' ^ *•
5 a true book of accounts wherein shall be recorded, plainly and legibly,
6 the date of making every sale, agreement to sell, delivery or transfer
7 of shares or certificates of stock, and every transaction in relation to
8 any stock; and also the number of shares, the face value of the stock,
9 the name of the stock, the name of the seller, the name of the purchaser,
10 and the face value of the stamps affixed to the certificate or bill or memo-
1 1 randum as provided in section one. Such book shall be preserved for two
12 years after the date of the last entry therein.
1 Section 11. Every corporation or association shall keep or cause Corporations
2 to be kept at some accessible place within the commonwealth a stock tionstokeep
3 certificate book or transfer ledger or register, wherein shall plainly and Jransflrsfetc.
4 legibly be recorded, in separate columns, the date of making every trans- }^J|; llg\ 1 1[
5 fer of stock, the name of the stock and the number of shares thereof, the
6 name of the party surrendering the certificates, the name of the party to
7 whom certificates are issued in exchange therefor, and evidence of the
8 payment of the tax imposed by sections one and two, which evidence,
9 however, shall be furnished in one of the following manners, to wit:
10 (a) By attaching to the stock certificate surrendered for transfer the
11 stamps required for such transfer, or
12 (6) If the stamps are not attached to the certificate, but are attached
13 to the bill or memorandum of sale effecting or evidencing the transfer
808
TAXATION OF STOCK TR-\NSFERS.
[Chap. 6-i.
of such certificate, by attaching to the certificate said bill or memoran- 14
dum of sale with stamps attached. 15
The corporation or association shall retain and keep all surrendered 16
or cancelled shares or certificates of stock and all bills or memoranda 17
relating to the sale or transfer of stock for at least two years after the IS
date of the delivery thereof, and it shall also keep, for at least two years 19
after the date of the last entry thereon, the stock certificate book or 20
transfer ledger provided for by this section. 21
Commissioner
to enforce tax
Section 12. The commissioner, at any time after the making of a 1
ofboTfe.'etc'"" sale, agreement, memorandum, delivery or transfer, subject to the excise 2
1915 238 1 1' iniposed by this chapter, may investigate and ascertain whether said 3
excise was paid. For this purpose the commissioner shall examine tlie 4
books and papers of any person, firm, association or corporation; and 5
such books and papers, including all those mentioned in the two preced- 6
ing sections, shall at all times be subject to his inspection or that of any 7
of his representatives between the hours of ten o'clock in the forenoon and 8
three o'clock in the afternoon on any business day except Saturday. The 9
commissioner may enforce by mandamus his right to examine the books 10
and papers of any person, firm, association or corporation. 11
Penalty for
refusal to
permit exami-
nation, failure
to keep books
or to pre-
serve books or
papers, or
false entry.
1914, 770. 5 7.
1915, 238, § 4.
Section 13. Whoever refuses to permit the commissioner, or any 1
of his representatives, to inspect such books or papers or any memo- 2
randa or record relating to any such sale, agreement to sell, delivery 3
or transfer, or transaction, as provided in the three preceding sections, 4
or fails to keep said book of account, or stock certificate book or transfer 5
ledger, or to prcser\-e such book for two years after the date of the last 6
entry therein, or fails to preserve for two years after the date thereof all 7
bills and memoranda of sale, or fails to preserve for two years after the 8
delivery thereof all surrendered or cancelled shares or certificates of stock 9
as required, and whoever alters, cancels or obliterates any part of said 10
records, or makes any false entry therein, shall be punished by a fine of 11
not less than five hundred nor more than five thousand dollars or by 12
imprisonment for not less than three months nor more than two years, or 13
both. 14
^?l'"eW"of'^ Section 14. No person, firm, association or corporation, except a
hibited ^"^ Corporation organized under the banking laws of this commonwealth or
Penalty. uudcr tlic national bank act of the United States, or a duly authorized
1919! 349', § 25. agent of the commissioner, shall sell or oft'er or expose for sale any stamp
issued pursuant to this chapter without first obtaining from the commis-
sioner his written consent, except that in connection with a sale of or
agreement to sell stock a broker or agent of the principal making such 7
sale or agreement to sell may supply and affix the stamps required by this S
chapter. No person shall sell any such stamp for a sum less than the face 9
value thereof without the written consent of the commissioner. Any 10
person violating any provision of this section shall be punished by a fine 11
of not less than two hundred nor more than one thousand dollars. 12
pImUv."' '"''' Section 15. Any person liable to pay the excise unposed by this 1
1915' 238 ! 3 chapter, and anyone who acts in the matter as agent or broker for 2
such person, who makes any sale, transfer or delivery of shares or ccr- 3
tificates of stock without paying said excise, and whoever, in pursuance 4
Chaps. 64, 64A.]
809
5 of any sale, transfer or agreement, delivers any stock or evidence of
6 sale or transfer of or agreement to sell any stock or hill or memoran-
7 (lum thereof, or transfers or causes the same to be transferred upon
8 the books or records of the association or corporation, without having
9 the stamps required by this chapter affixed thereto, and any associa-
10 tion or corporation whose stock is so sold or transferred which shall
11 transfer or cause the same to be transferred upon its books witliout
12 having such stamps so affixed, shall be punished by a fine of not less
13 than five hundred nor more than one thousand dollars.
1 Section 16. Whoever wilfully removes or alters or knowingly Counter-
2 permits to be removed or altered the cancelling or defacing marks of storufg/etc
3 any stamp provided for by this chapter with intent to use such stamp, ilu, 770, § e.
4 or knowingly or wilfully buys, prepares for use, uses, has in possession, '^'^' ^'^*' ^ ^•
5 or suffers to be used, any washed, restored or counterfeit stamps, and
6 whoever intentionally removes or causes to be removed, or knowingly
7 permits to be removed, any stamp affixed pursuant to this chapter,
8 shall be punished by a fine of not less than five hundred nor more than
9 one thousand dollars or by imprisonment for not more than one year, or
10 both.
1 Section 17. Whoever fraudulently makes use of an adhesive stamp Fraudulent
2 to denote the payment of the excise imposed by this chapter, without cancefs°amp.
3 effectually cancelling it in accordance with section five, shall be punished fgl's'^isg, § 2.
4 by a fine of not less than two hundred nor more than five hundred
5 dollars.
CHAPTER 64A.
TAXATION OF SALES OF GASOLINE AND CERTAIN OTHER MOTOR
VEHICLE FUEL.
Sect.
1. Definitions.
2. Licenses.
3. Records of sales, etc.
4. Monthly returns and payment of ex-
cise.
6. Same subject. Determination of ex-
cise upon failure to file, etc.
6. Same subject. Penalty.
7. Excise, reimbursement; sale free from,
regulated.
Sect.
8. Foreign and interstate commerce, ap-
plication of chapter to.
9. Purchaser to bear tax. Sales separate
from tax forbidden. Penalty.
10. Recovery of excise, penalties, etc.
Distributors' licenses, suspension of.
11. General penalty.
12. Federal law, sales exempted by, re-
straining collection of excise on.
13. Highway Fund, all receipts credited to.
1 Section 1. The following words and phrases, as used in this chapter. Definitions.
2 shall have the following meanings unless the context otherwise requires : — lUo, lit] 1 26.
3 (a) "Commissioner", the commissioner of corporations and taxation. i93i'i22, §4.
4 (b) "Motor vehicle" shall include any vehicle propelled by any
5 power other than muscular, except boats, tractors used exclusively for
6 agricultural purposes and such vehicles as run only on rails or tracks.
7 (c) "Distributor" shall include any person who imports or causes to
8 be imported fuel, as herein defined, for use, distribution or sale in the
9 commonwealth; and also any person who produces, refines, manufac-
10 tures or compounds fuel, as herein defined, within the commonwealth.
810
TAXATION OF SALES OF GASOLINE, ETC.
[Chap. 64A.
(d) "Fuel" shall include gasoline, benzol, or other products used in 11
propelling motor vehicles using combustion type engines upon or over 12
the highways of the commonwealth. 13
(e) "Purchaser" shall include, in addition to its usual meaning, the 14
distributor in the case of a transfer of fuel by a distributor into a motor 15
vehicle, or into a receptacle from which fuel is supplied by him to his 16
own or other motor vehicles. 17
(/) "Sale" shall include, in addition to its usual meaning, the transfer 18
of fuel by a distributor into a motor vehicle or into a receptacle from 19
which fuel is supplied by him to his own or other motor vehicles. 20
ig) "Board of tax appeals", the board established by section one of 21
chapter fifty-eight A. 22
(h) The verb "to sell" in all of its moods and tenses shall refer to a 23
sale as herein defined. 24
426, § 55.
i928°°3i6 § 1 Section 2. The commissioner, upon application of any person, may
i93i;^i22; § 4'; grant to him a license as distributor permitting him to continue or en-
gage in business as a distributor in the commonwealth. No distributor
shall make any sale of fuel in the commonwealth, except a sale which is
exempt under the constitution and laws of the United States, without
such a license.
Records of
sales, etc.
1928, 316, § 1.
1931, 122, i 4.
Section 3. Every distributor shall keep a complete and accurate 1
record of all sales of fuel, including the name and address of the pur- 2
chaser, the place and date of delivery, and the number of gallons, and a 3
complete and accurate record of the number of gallons imported, pro- 4
duced, refined, manufactured or compounded, and the date of impor- 5
tation, production, refining, manufacturing or compounding. Every 6
distributor shall also deliver with every consignment of fuel to a pur- 7
chaser within the commonwealth a written statement containing the 8
date of purchase, the names of the purchaser and seller, the number of 9
gallons delivered, and shall retain a duplicate of each such statement. 10
Said records and said written statements shall be in such form as the 11
commissioner shall prescribe, and shall be preserved by said distributors 12
and said purchasers, respectively, for a period of one year and shall be 13
offered for inspection at any time upon oral or written demand by the 14
commissioner or his duly authorized agents. 15
Monthly re-
turns and
payment of
excise.
1928, 316, § 1.
1931, 122, § 4.
Section 4. Every distributor shall, on or before the fifteenth day of 1
each month, file with the commissioner a return under oath, on forms 2
to be furnished by the commissioner, stating the number of gallons of 3
fuel sold by him in the commonwealth during the preceding calendar 4
month, and said returns shall contain or be accompanied by such further 5
information as the commissioner shall require. On or before the fifteenth 6
day of each month next succeeding the filing with the commissioner of 7
said return, each distributor shall pay to the commissioner for the account 8
of the purchaser an excise of two cents on each gallon of fuel sold by him 9
in the commonwealth during the calendar month covered by the return. 10
Same subject. SECTION 5. If a distributor, having failed to file a return, or, having
of excise filed an incorrect t)r insufficient return without reasonable excuse, fails
"o fi"e,''et"^ to file an original or corrected return, as the case may require, within
i93o; 416, 1 27. twenty days after the giving of notice to him by the commissioner of his
1931, 122, § 4. flelinquency, the commissioner shall determine the amount due, at any
CH-W. 64A.] TAXATION OF SALES OF GASOLINE, ETC. 811
6 time within one year after the making of the earliest sale included in
7 such determination. The distributor may appeal from his decision
8 within ten days thereafter to the hoard of tax appeals, whose decision
9 shall be final. The commissioner, or, in the case of appeal, the board of
10 tax appeals, having made such determination, shall give notice to the
11 delinquent distributor of the amount determined to be due, and the dis-
12 tributor shall within thirty days after the giving of such notice pay to
13 the commissioner the amount so determined.
1 Section 6. A distributor who fails to file a return to the commis- Same subject.
2 sioner as required by section four, or a corrected return as required by 192s, sie, § 1.
3 section five, shall forfeit to the commonwealth, and shall pay to the '^^'' ^"' ^ *'
4 commissioner on demand the sum of five dollars for each day of delay
5 after written notice by the commissioner of such failure. The commis-
6 sioner may remit a part of said penalty.
1 Section 7. Unless otherwise provided by the rules or regulations of ^^^i,'r^^/^;ot;
2 the commissioner made under authority of this section, any person who sale free from,
,., .'ii -I'l 11 regulated.
3 shall buy any fuel, on which an excise has been paid or is chargeable 1928. 316, |i.
4 under this chapter, and shall consume the same in any manner except in • • ■
5 the operation of motor vehicles upon or over the highways of the com-
6 monwealth, shall be reimbursed the amount of said excise in the manner
7 and subject to the conditions herein provided. All claims for reimburse-
8 ment shall be made by affida\-it in such form and containing such in-
9 formation as the commissioner shall prescribe, and shall be accompanied
10 by original in-\-oices or sales receipts, and shall be filed with the com-
11 missioner within ninety days from the date of purchase or invoice.
12 The commissioner may require such further information as he shall
13 deem necessary for the determination of such claims, and shall within
14 thirty days after receipt transmit all claims approved by him to the
15 comptroller for certification; and the amount approved by the commis-
16 sioner and certified as aforesaid shall be paid forthwith from the proceeds
17 of the excise tax levied under this chapter, without specific appropria-
18 tion. The commissioner shall provide by reasonable rules or regulations
19 for the sale of fuel, free of the excise imposed by this chapter, by any
20 person, to the ultimate purchaser upon the receipt of a written state-
21 ment, signed by such ultimate purchaser, that such fuel is intended to
22 be consumed in some manner other than in the operation of motor vehicles
23 upon or over the highways of the commonwealth, and if such excise has
24 already been paid or is chargeable, for the reimbursement, out of the
25 proceeds of the excise levied under this chapter, of the person so selling
26 such fuel, to the amount of such excise.
1 Section 8. No provision of this chapter shall apply or be construed ?^°7/gf°te°'^
2 to apply to foreign or interstate commerce, except in so far as the same commerce.
"" -J • , 1 , ■ • p 1 • • 11 s application of
3 may be permitted under the provisions 01 the constitution and laws ot chapter to.
4 the United States.
1928, 316. § 1. 1931, 122, § 4.
1 Section 9. Except as otherwise provided in section seven, the tax Purchaser to
2 in every instance shall be borne by the purchaser, and no person ofi'ering saies separate
3 fuel for sale shall sell, advertise or offer for sale said fuel separately from fOTWdden.
4 the tax imposed by this chapter. For any violation of this section, the fgas'tie, 5 1.
5 license to keep and sell crude petroleum or any of its products, issued ^''^^^Ij^^^
812
[Chaps. 64A, 65.
by the licensing authority under chapter one hundred and forty-eight, 6
shall be suspended by the said authority on request of the commissioner 7
for such time as said commissioner deems proper. 8
Recovery of
excise, penal-
ties, etc.
Distributors'
licenses, sus-
pension of.
1928. 316, § 1.
1930, 41B, I 28.
1931, 122, § 4.
Section 10. Sums due to the commonwealth under this chapter as 1
excise or as penalties or forfeitures may be recovered by the attorney 2
general in an action brought in the name of the commissioner. The 3
commissioner may suspend the license of a distributor for violation of any 4
provision of this chapter, but the distributor may appeal from his decision 5
within ten days thereafter to the board of tax appeals, whose decision 6
shall be final. 7
General
penalty.
1928,316, § 1.
1931, 122, § 4.
Section 11. Any distributor or purchaser of fuel who violates any 1
provision of this chapter, or who files any false return, affida^-it or state- 2
ment, shall be punished by a fine of not more than one thousand dollars 3
or by imprisonment for not more than one year, or both. 4
Federal law. SECTION 12. The supremc iudicial court shall have jurisdiction in
sales exempted . , ,i • i j_ i i j_i j.-
by. restraining equity to restrain the collection, upon any sale exempted by the consti-
excisem"" tution and laws of the United States, of the excise imposed by this chap-
1928,316,51. ^^^^ g^jj j^jij gj^.^]] j^p brought against the commissioner, whether the
question of the collection of the excise is in the hands of the attorney
general or pending before the board of tax appeals or is still in the
hands of the commissioner.
1930, 416. § 29.
1931, 122, § 4.
Section 13. All sums received under this chapter as excise, penalties 1
or forfeitures, interest, costs of suit and fines shall be paid into the treas- 2
3
Highway
Fund, all
receipts
1928, 3i6,°§ 1. ury of the commonwealth, and shall be credited to the Highway Fund.
1931, 122,
CHAPTER 65.
TAXATION OF LEGACIES AND SUCCESSIONS.
Sect.
subjects and kates of taxation.
1. Taxation of legacies and successions.
Rates of tax. Exemptions.
2. Property passing under power of ap-
pointment, etc.
3. Gifts, etc., in contemplation of death.
4. [Repealed.]
5. [Repealed.]
PAYMENT OF TAX.
6. Persons liable for taxes.
7. Time and manner of payment.
8. [Repealed.]
9. Lien for tax. Property exempt. Dis-
charge.
10. [Repealed.]
11. Interest.
12. Tax chargeable to capital, not income.
Sect.
value for t.\xati0n.
13. Tax to be assessed upon value, etc.
special PROVISIONS FOR PATIIENT OF T.VXE3
ON FUTURE INTERESTS.
14. Persons entitled to future interests may
pay tax in advance, etc.
15. Deposit, etc., in lieu of tax.
PROVISIONS AFFECTING ADMI.VISTRATION OF
EST.A.TES.
If). Property bequeathed to executor, etc.,
in lieu of compensation.
17. Executor, etc., holding property sub-
ject to tax to deduct tax or collect
it from legatee, etc.
IS. If legacy payable out of real estate,
devisee to pay tax to executor, etc.
Chap. G5.]
TAXATION OF LEGACIES AND SUCCESSIONS.
813
Sect.
19. No tax chargeable upon money applied
in payment of sucression tax in cer-
tain cases.
20. Tax may be refunded in certain cases,
etc.
21. Probate court may authorize sale of
real estate in certain cases.
22. Inventory, etc.. to be filed within three
months after appointment of execu-
tor, etc.
23. No final account of executor, etc.,
allowed unless taxes paid, etc.
24. Allowance of final account when future
taxes not paid.
VALUATION AND APPRAISAL.
25. Determination of value of property by
commissioner. Appraisal and ap-
peal.
26. Alteration of valuations.
ASSESSMENT OF TAX.
27. Commissioner to certify amount of tax,
etc. Abatement by probate court.
Sect.
28. Commissioner may examine witnesses,
etc.
29. Commissioner, upon refusal of informa-
tion, to assess at highest rate.
PROCEEDINGS TO DETERMINE AND COLLECT
TAXES.
30. Jurisdiction and procedure of probate
court in legacy and succession tax
cases.
31. Enforcement in probate court of lien on
real estate for legacy and succession
taxes.
Commissioner to proceed for recovery
of unpaid taxes, etc. Abatement of
uncollectible taxes.
Additional remedies.
Recovery of penalties and forfeitures.
3:
33.
34.
GENERAL PROVISIONS.
35. Papers not to be open to public inspec-
tion, etc.
36. Application of chapter and earlier acts.
SUBJECTS AND RATES OF TAX.4.TI0N.
Section 1 . All property within the jurisdiction of the commonwealth,
corporeal or incorporeal, and any interest therein, belonging to inhabit-
ants of the commonwealth, and all real estate or any interest therein and
all tangible personal property within the commonwealth belonging to
persons who are not inhabitants of the commonwealth except such an
G interest in such real estate as is represented by a mortgage or by a trans-
7 ferable certificate of participation or share of an association, partnership
8 or trust, which shall pass by will, or by laws regulating intestate succes-
9 sion, or by deed, grant or gift, except in cases of a bona fide purchase for
10 full consideration in money or money's worth, made in contemplation
11 of the death of the grantor or donor or made or intended to take effect
12 in possession or enjoyment after his death, and any beneficial interest
13 therein which shall arise or accrue by survivorship in any form of joint
14 ownership in which the decedent joint owner contributed during his life
15 any part of the property held in such joint ownership or of the purchase
16 price thereof, to any person, absolutely or in trust, except to or for the
17 use of charitable, educational or religious societies or institutions, the
18 property of which is by the laws of the commonwealth exempt from taxa-
19 tion, or for or upon trust for any charitable purposes to be carried out
20 within the commonwealth, or to or for the use of the commonwealth or
21 any town therein for public purposes, shall be subject to a tax at the
22 percentage rates fixed by the following table :
Taxation of
legacies and
successions.
Rates of tax.
Exemptions.
1891. 425, § 1.
1895. 307.
1896, 108.
1901, 297.
R. L. IS. § 1.
190.5, 470, § 1.
1906, 436, § 1.
1907, 563,
§§ 1,3.
1909, 268, § 1:
490. IV, §§ 1,3;
•527, § 1.
1911, 502.
1912, 678,
§§1,2.
1916, 268,
§§ 1.3.
1920, .396, § 1;
548, § 1.
1922, 347;
403, § 1.
1924, 128.
1925, 338,
1926, 148,
§§ 1. 2.
1927, 156, § 1.
1929, 292, § 1.
162 Mass. 113.
164 Mass. 79.
171 Mass. 410,
595.
173 Mass. 205,
375.
174 Mass. 144,
266.
5 1.
814
TAXATION OF LEGACIES AND SUCCESSIONS.
[Chap. 65.
175 Mass. 59.
176 Mass. 190.
17S Mass. 95.
179 Mass. 546.
180 Mass. 545.
185 Mass. 310.
196 Mass. 533.
197 Mass. 248,
2S3.
198 Mass. 413.
205 Mass. 219,
279.
207 Mass. 368.
208 Mass. 343.
209 Mass. 186,
319, 373, 459.
211 Mass. 134.
212 Mass. 165.
215 Mass. 129.
217 Mass. 348,
364.
218 Mass. 292.
221 Mass. 146,
201,212,571,
600.
222 Mass. 263,
291.
223 Mass. 134,
306.
224 Mass. 332.
225 Mass. 355.
226 Mass. 297,
301, 306.
227 Mass. 331,
662.
228 Mass. 196.
229 Mass. 140,
474.
230 Mass. 452.
233 Mass. 471.
234 Mass. 188.
237 Mass. 254.
238 Mass, 544.
242 Mass. 163.
243 Mass. 523.
245 Mass. 504.
246 Mass. 300.
253 Mass. 130.
256 Mass. 519.
260 Mass. 129.
266 Mass. 583.
267 Mass. 240,
338
268 Mass. 443.
269 Mass. 352.
178 U.S. 41.
250 U. S. 220.
lOp. A.G.75,
76, 288.
Rate Per Centum
OF Tax
ON V.\LrE OF Property or
Interest.
h
0) ^1
O t-
© u
« 5::
" h
" i-.
a>
Qi
> «
> 0)
> ?
> ^
> S
> ^
>
>
O >
c >
O >
o ^
o ^
o S
o
o
^ o
J o
x> °
.Q °
ry O
-5
J=
Relationship of Bene-
*s
O
C3 +j
O
O
«5
s5§
0)
FiciAHY TO Deceased.
c
ttJ «
m ^
»c .
g,0
M .O
woo
Sgq
So
4)0
QJO'C)
Soo
Q^OO
30
HOO
wii
^oo
£ioo
?l
B§5
Bgg"
wgS
Wq
.-• ci
(NlO
iraci
c-ii.-^
ict^
t^^
c*
a<e»
a«e<»
g«#<@
i.te<»
^f^^
c»»
c«
o
O
O
o
o
O
O
O
Class A.
Husband, wife, father,
mother: child, adopted
child, adoptive parent.
grandchild,
1%
1%
2%
4%
5%
5H7o
6%
7%
Class B.
Lineal ancestor, except
father or mother; Hneal
descendant, except child
or grandchild; lineal
descendant of adopted
child; lineal ancestor of
adoptive parent; wife or
widow of a son; hus-
band of a daughter,
1%
2%
4%
5%
6%
7%
8%
9%
Class C.
Brother, sister, half
brother, half sister,
nephew, niece, step-
child or step-parent.
3%
5%
7%
8%
9%
10%
11%
12%
Class D.
All others.
5%
67o
7%
8%
9%
10%
11%
12%
Provided, however, that no property or interest therein, which shall 23
pass or accrue to or for the use of a person in Class A, except a grandchild 24
of the deceased, unless its value exceeds ten thousand dollars, and no 25
other property or interest therein, unless its value exceeds one thousand 26
dollars, shall be subject to the tax imposed by this chapter, and no tax 27
shall be exacted upon any property or interest so passing or accruing 28
which shall reduce the value of such property or interest below said 29
amounts. 30
All property and interests therein which shall pass from a decedent to 31
the same beneficiary by any one or more of the methods hereinbefore 32
specified and all beneficial interests which shall accrue in the manner 33
hereinbefore provided to such beneficiary on account of the death of 34
such decedent shall be united and treated as a single interest for the 35
purpose of determining the tax hereunder. 36
Property
passing under
power of ap-
pointment,
1909, 527, § 8.
207 Mass. 588.
212 Mass. 165.
218 Mass. 292.
221 Mass. 571,
600.
225 Mass. 355.
229 Mass. 474.
230 Mass. 25.
256 Mass. 519.
Section 2. Whenever any person shall exercise a power of appoint-
ment, derived from any disposition of property made prior to September
first, nineteen hundred and seven, such appointment when made shall
be deemed a disposition of property by the person exercising such power,
taxable under section one, in the same manner as though the property
to which such appointment relates belonged absolutely to the donee ()f
such power, and had been bequeathed or devised by the donee by will;
and whenever any person possessing such a power of appointment so
derived shall omit or fail to exercise the same within the time provided
therefor, in whole or in part, a disposition of property taxable under
section one shall be deemed to take place to the extent of such omission 11
or failure in the same manner as though the persons thereby becoming 12
entitled to the possession or enjoyment of the property to whicli such 13
power related had succeeded thereto by a will of the donee of the power 14
1
2
3
4
5
6
7
8
9
10
Chap. 65.] taxation of legacies and successions. 815
15 failing to exercise such power, taking effect at the time of such omission
l(j or failure.
1 Section 3. Any deed, grant or gift completed inter vivos, except in Gjf'«'^^^f-ji°„
2 cases of bona fide purchase for full consideration in money or money's j' .dj^^th^ ^ ^
3 worth, made not more than six months prior to the death of the grantor " '
4 or donor, shall, prima facie, be deemed to have been made in contempla-
5 tion of the death of the grantor or donor. Notwithstanding any provi-
6 sion of section one, no tax shall be payable thereunder on account of
7 any deed, grant or gift in contemplation of death made more than two
8 years prior to the death of the grantor or donor, unless made or intended
9 to take effect in possession or enjoyment after such death.
1 Section 4. [Repealed, 1927, 156, § 2.]
1 Section 5. [Repealed, 1925, 338, § 2.]
payment of tax.
1 Section 6. Administrators, executors and trustees, grantees or Persons liable
2 donees under conveyances or gifts made during the lite ot the grantor or isgi. 425, § 1.
3 donor, persons to whom beneficial interests shall accrue by survivorship r. l'. 15, § 1.
4 and beneficiaries receiving additional property as provided in section \lol[ tla] § 1'.
5 twenty-seven, shall be liable for the taxes imposed by this chapter, with iso^-^es, § i-
6 interest, until the same have been paid.
1909. 268, § 1; 490, 1912. 678. § 1. 1931. 405, § 1.
IV, § 1; 527, § 1. 1916, 268, § 1. 267 Mass. 338.
1 Section 7. Taxes imposed by this chapter upon property or interests Time and
2 therein, passing by will or by laws regulating intestate succession, shall payment.
3 be payable to the commissioner by the executors, administrators or §§2,'4,"'7.'
4 trustees at the ex-piration of one year from the date of the giving of Jff; \f/ ^ *'
5 bond by the executors, administrators or trustees first appointed; except ||(i|' 4V3;
6 that in all cases where there shall be a devise, descent or bequest to take iyu5, 276. ^ ^
7 effect in possession or come into actual enjoyment after the expiration 1909U90, iv,
8 of one or more life estates or of a term of years, the taxes thereon shall i9i'5, 1^52.
9 be payable by the executors, administrators or trustees in office when 1920; 548] § 2.
10 such right of possession accrues, or, if there is no such executor, admin- {elVassl ii3*'
11 istrator or trustee, by the persons so entitled thereto, at the expiration J|9Mass:io4:
12 of one year from the date when the right of possession accrues to the i-J^ Mass. 283.
13 persons so entitled. 221 Mass. ue.
Trti • 1 'I'j e 1 J. 223 Mass. 32.
14 If the probate court, acting under section thirteen ot chapter one 229 Mass. 140.
15 hundred and ninety-seven, has ordered the executor or administrator 267 Mass! 240!
16 to retain funds to satisfy a claim of a creditor, the payment of the tax lei Mass. 352.
17 may be suspended by the court to await the disposition of such claim, ae^s"' ^' '^' ^^'
18 Taxes imposed by this chapter upon property or interests therein, 2OP.A.G.373
19 passing by deed, grant or gift to take effect in possession or enjoyment
20 after the death of the grantor or donor, or upon beneficial interests
21 arising or accruing by survivorship in any form of joint ownership, shall
22 be payable by the grantee, donee or survivor at the ex-piration of one
23 year from the date when his right of possession or enjoyment accrues.
24 Taxes imposed by this chapter upon property or interests therein passing
25 by deed, grant or gift made in contemplation of death shall be payable
26 by the grantee or donee at the expiration of one year after the death of
27 the grantor or donor.
816
TAXATION OF LEGACIES AND SUCCESSIONS.
[Chap. 65.
In case of any deed, grant or gift of a life interest or term of years, the 28
donee for life or years shall pay a tax only on the value of his interest, 29
and the donee of the future interest shall pay his tax when his right of 30
possession or enjoyment accrues. 31
Section 8. [Repealed, 1927, 156, § 2.]
1
Lien for tax.
Property ex-
empt. Dis-
charge.
1891, 42.5, 5 4.
1895, 430, § 1.
R. L. 1.5, § 4.
1902, 473, § 1.
1903, 248;
276. § 1.
1907, 563, § 4.
1909, 490,
IV, §4;
527, § 2.
1915, 152,
1916, 268, 5 2.
1920, 548, § 2.
267 Mass. 338,
Section 9. Property of which a decedent dies seized or possessed, 1
subject to taxes as aforesaid, in whatever form of investment it may 2
happen to be, and all property acquired in substitution therefor, shall be 3
charged with a lien for all taxes and interest thereon which are or may 4
become due on such property; but said lien shall not attach to any per- 5
sonal property after the same has been sold or disposed of for value by 6
the executors, administrators or trustees, or to real estate after it has 7
been conveyed by the executors, administrators or trustees under license 8
or decree of the probate court, or to real estate which, during the life of 9
the grantor, is conveyed by recorded or registered deed and transferred 10
in possession and enjoyment by him to the grantee, in contemplation of 11
death. The lien charged by this chapter upon any real estate or separate 12
parcel thereof may be discharged by the payment of all taxes due and to 13
become due upon said real estate or separate parcel, or by an order or 1-1
decree of the probate court discharging said lien and securing the pay- 15
ment to the commonwealth of the tax due or to become due by bond or 16
deposit as hereinafter provided, or by transferring such lien to other real 17
estate owned by the owner or owners of said real estate or separate parcel 18
thereof. 19
Section 10. [Repealed, 1922, 403, § 4.]
1
Interest.
1891, 425, 5 4.
1895, 4.30, § 1.
R. L. 15, § 4.
1902, 473, § 1.
1903, 276, § 1.
Section 11. If taxes imposed by this chapter are not paid when due, 1
interest at the rate of six per cent per annum shall be charged and col- 2
lected thereon from the time the same became payable. 3
1907, 563, § 4. 1916, 268, § 2. 189 Mass. 104.
1909, 490, IV. § 4; 1918, 14. 209 Mass. 186.
527, § 2. 1923, 176. 269 Mass. 352.
1915, 152.
Tax charge-
able to capital,
not income.
1912, 678, § 1.
1913, 498, § 1.
1916, 268, § 1.
228 Mass. 159.
Section 12. All taxes under this chapter shall be paid out of and 1
chargeable to capital and not income, unless otherwise provided in a will 2
or codicil, or deed or other instrument creating the grant or gift; but this 3
provision shall not afi'ect any right of the commonwealth to collect such 4
tax, or any lien therefor. 5
Tax to be
assessed upon
value, etc.
1891, 425, § 13.
R. L. 15.
I§7, 16.
1905, 367.
1907, 563, § 6.
1909, 490,
IV, § 6;
527, § 3.
1913, 689.
1924, 300, § 1.
178 Mass. 95.
179 Mass. 546.
197 Mass. 283.
223 Mass. 32.
229 Mass. 140.
VALUE FOR taxation.
Section 13. Except as otherwise provided in this and the following 1
section, the tax imposed by this chapter shall be assessed upon the value 2
of the property at the time of the death of the decedent. In case of a 3
devise, descent, bequest or grant to take efi'ect in possession or enjoyment 4
after the expiration of one or more life estates or of a term of years, the 5
tax shall be assessed on the value of the property or interest therein 6
coming to the beneficiary at the time when he becomes entitled to the 7
same in possession or enjoyment. The value of an annuity or a life 8
interest in any such property, or any interest therein less than an absolute 9
interest, shall be determined by the "American Experience Tables" at 10
Chap. 65.] t.\x.vtion of leg.\cies and successions. 817
1 1 four per cent compound interest ; but when an annuity or a life interest 237 Mass. 254.
12 is terminated by the death of the annuitant or life tenant, and the tax ^ss Mass! 253:
18 upon such interest is not due and has not been paid in advance, the vahie
14 of said interest for the purposes of taxation under this chapter shall be
15 the amount of the annuity or income actually paid or payable to the
IG annuitant or life tenant during the period for which he was entitled to
17 the annuity or was in possession of the life estate.
SPECIAL PROVISIONS FOR PAYMENT OF TAXES ON FUTURE INTERESTS.
1 Section 14. Any person entitled to a future interest in any property Persons ^
2 may pay the tax on account of the same at any time before such tax would futurl interests
3 be due under this chapter, and in such cases the tax shall be assessed upon [JlYdranct"
4 the value of the interest at the time of payment, and such value shall be f9^o2,473.
5 determined by the commissioner as provided in this chapter. Whenever joos. 25i; 276.
6 it is impossible to compute the present value of any interest, the commis- ism. &63. § 7.
7 sioner may, with the approval of the attorney general, effect such settle- iv. § 7^ '
8 ment of the tax as he shall deem to be for the best interests of the common- i5ib, 350, § 53.
9 wealth, and payment of the sum so agreed upon shall be a full satisfaction lay^ia""'. Isl.
10 of such tax.
229 Mass. 140.
1 Section 15. In case of a devise, bequest or grant of real or personal °'iPeu'of't*a'!=:
2 property made or intended to take effect in possession or enjoyment after \l°f^ H^- ^ 5
3 the death of tlie grantor, to take effect in possession or come into actual }909. «o.
4 enioyment after the expiration of one or more life estates or a term of 1922 soo.
•',, ,..1 11 • !• i- J J 269 Mass. 65i.
5 years, whether conditioned upon the happening of a contingency, depend-
6 ent upon the exercise of a discretion, subject to a power of appointment,
7 or otherwise, the taxes upon which have not yet become due, the execu-
8 tor, administrator, trustee or grantee may (0) deposit with the state
9 treasurer bonds or other negotiable obligations of the commonwealth or
10 of the United States of America of such aggregate face amount as the
11 commissioner may from time to time deem necessary to adequately
12 secure payment of such taxes, or (b) deposit with the state treasurer a
13 sum of money sufficient in the opinion of the commissioner to pay all
14 taxes which may become due upon such devise, bequest or grant, or (c)
15 any executor, administrator, trustee or grantee, or any person interested
16 in such devise, bequest or grant may give bond to a judge of the probate
17 court having jurisdiction of the estate of the decedent, in such amount and
18 with such sureties as said court may approve, conditioned that the obligor
19 shall notify the commissioner when said taxes become due and shall
20 then pay the same to the commonwealth. In case of a deposit of money
21 hereunder, the state treasurer shall pay to such executor, administrator,
22 trustee or grantee having the right to the use or income of such real or
23 personal property, interest at the rate of two and one half per cent per
24 annum upon such deposit and, when said taxes shall become due, shall
25 repay to the persons entitled thereto the difference between such part of
26 the tax certified as remains unpaid and the amount deposited. In case of
27 a deposit of bonds or other negotiable obligations with the state treasurer
28 hereunder, he shall pay to such executor, administrator, trustee or grantee
29 as aforesaid or persons entitled thereto the interest accruing thereon and,
30 if such taxes shall be paid in full when due, shall return such bonds or
31 obligations to the persons entitled thereto; but if such taxes shall not be
32 paid when due, the state treasurer may sell all or any part of such bonds or
818
TAXATION OF LEGACIES AND SUCCESSIONS.
[Chap. 65.
obligations to satisfy such taxes and shall return to the persons entitled 33
thereto all the proceeds of such sale, and all such bonds or obligations, 34
remaining in his hands after satisfying such taxes. 35
Property be-
queathed to
executor, etc.,
in lieu of com-
pensation.
1S91, 425, § 3.
R. L. 15, § 3.
1907. 563, § 8.
1909, 490,
IV, § 8.
PROVISIONS AFFECTING ADMINISTRATION OF ESTATES.
Section 16. If a testator gives, bequeaths or devises to his executors
or trustees any property otherwise liable to the tax imposed by this
chapter in lieu of their compensation, the value thereof in excess of
reasonable compensation, as determined by the probate court upon the
application of any interested party or of the commissioner, shall be
subject to this chapter.
Executor, etc.,
holding prop-
erty subject to
tax to deduct
tax or collect
it from legatee,
1891, 425, § 5.
1901, 277.
R. L. 15, § 5.
1907, 663, § 9.
1909. 490.
IV. 5 9.
197 Mass. 2S3.
221 Mass. 571.
1 Op. A. G. 30.
Section 17. An executor, administrator or trustee holding property 1
subject to the tax imposed by this chapter shall deduct the tax there- 2
from or collect it from the legatee or person entitled to said property; 3
and he shall not deliver property or a specific legacy subject to said tax 4
until he has collected the tax thereon. An executor or administrator 5
shall collect taxes due upon land passing by inheritance or will which is 6
subject to said tax from the heirs or devisees entitled thereto, and he 7
may be authorized to sell said land, in the manner prescribed by section 8
twenty-one, if they refuse or neglect to pay said tax. 9
If legacy pay- Section 18. If a legacy subjcct to Said tax is charged upou or payable
estate" dev[s?e out of real cstatc, thc heir or devisee, before paying said legacy, shall
to pay tax to j^^j^^^^ g^^j^ j^^ thcrcfrom and pay it to the executor, administrator or
trustee, and the tax shall remain a lien upon said real estate until it is
paid. Payment thereof may be enforced bj- the executor, administrator
or trustee in the same manner as the payment of the legacy itself could
be enforced.
executor, etc
1891, 425, § 6.
R. L. 15, § 6.
1907, 563, § 10
1909, 490,
IV, § 10.
., „— Section 19. When provision is made by any will or other instrument
Qulo upon * ^ 'Pill
nioney applied for payment of the legacy or succession tax upon any gitt thereby made
sucreSn ta°x out of any property other than that so given, no tax shall be chargeable
in certam cases. ^^^^^ ^^^ ^^^^ ^^ ^^ applied iu payment of such tax.
1909, 490, IV, § 11.
No tax charge-
able upon
1907. 452
563, § 11.
Tax may be
refunded in
certain cases,
1891, 425, §
1892, 379.
R. L. 15. § 1
1907, 563, §
1909, 490,
IV, § IS.
Section 20. If a person who has paid to the estate of a deceased
person, or to the commonwealth, any tax or part of a tax imposetl on
such, estate by this chapter, afterward refunds to the estate any of the
property upon which such tax was paid, or, in the case of a tax or part
of a tax paid to thc estate of the deceased, or paid to the commonwealth
on account of such estate, if it is judicially determined that the whole
or any part of such tax ought not to have been paid, such tax, or the due
proportion thereof, shall be repaid to him by the executor, administrator
or trustee.
Probate court
may authorize
sale of real
estate in cer-
tain cases.
1891, 425, § 8.
R. L. 15, § 8.
Section 21. The probate court may authorize executors, adminis-
trators and trustees to sell the real estate of a decedent for the payment
of said tax in the same manner as it may authorize them to sell real
estate for the payment of debts.
1907, 563, 5 12. 1909, 490, IV, § 12. 234 Mass. 403.
CH-VP. 65.] TAXATION OF LEGACIES AND SUCCESSIONS. 819
1 Section 22. A full and complete inventory and appraisal on oath invcntory,^^
2 of every estate shall be filed in the probate court or with the commis- wi'thin°three
3 sioner by the executor, administrator or trustee within three months appointment
4 after his appointment, and such inventory shall contain a complete list 'i.s.j"425°''§ g"'
5 of all assets within the knowledge of said executor, administrator or }(**'■'£• ""'j^g--
6 trustee. If he neglects or refuses to file such an inventory and appraisal J-jjj^. ms, § is.
7 he shall be liable to a penalty of not more than one thousand dollars. iv, § is;'
527, S 5.
1 Op. A. G. 30, 40, 52, 85.
1 Section 23. Except as provided in the following section, no final ^Zntfi^"'
2 account of an executor, administrator or trustee shall be allowed by the l^fi^^^'^J'^^I^^j;,
3 probate court unless such account shows, and the judge of said court J^g^^'j^^'j^'i^g
4 finds, that all taxes imposed by this chapter upon any property or inter- li u i5, '§ i9. '
5 est therein belonging to the estate to be settled by said account and i909!49o!
6 already payable have been paid, and that all taxes which may become {gio^jli.
7 due on said estate have been paid or settled as hereinbefore provided, 2oPmSs: ise!'
8 or that the payment thereof to the commonwealth is secured by bond |^^ ^j^g^ 338
9 or deposit or by lien on real estate. The certificate of the commissioner
10 and his receipt for the amount of the tax therein certified shall be con-
1 1 elusive as to the payment of the tax, to the extent of said certification.
1 Section 24. The fact that an estate may later become subject to a ^'^°^^^f^^°l
2 tax imposed by this chapter, or that a tax hereby imposed is due and the when future
3 amount thereof cannot be ascertained, shall not prevent the allowance lulo! 481.''^' '
4 of the final account of the executor, administrator or trustee thereof, if ^®^'' ^®^"
5 it appears that all taxes imposed by this chapter for which such estate
6 is liable, which are already payable and the amount of which can be
7 ascertained, have been paid, and that such property or interest therein
8 has been transferred to a trustee appointed by a probate court of the
9 commonwealth who has given bond, with sufficient sureties, in such a
10 sum as to insure the payment of all taxes which are or may become due
11 on said estate, unless such trustee is exempted from giving sureties by
12 the probate court appointing him; and such trustee shall be liable for
13 such taxes and the interest thereon in the same manner and to the same
14 amount as if he had been the executor, administrator or trustee orig-
L5 inally liable therefor, and the property received by him shall be subject
16 to a lien for said taxes and interest until the same are paid.
VALUATION AND APPRAISAL.
1 Section 25. The value of the property upon which the tax is com- Determination
2 puted shall be determined by the commissioner and notified by him to pro%rtyby
3 the persons by whom the tax is payable, and such determination shall be App^aiafand
4 final unless the value so determined shall be reduced by proceedings as i89i|'425, § is.
5 herein provided. At any time within three months after such deter- f^^- 1;?^ ^ ^''■
6 mination, any party interested in the succession, or the executor, admin- jso^. ses, § i9.
7 istrator or trustee, may appeal from the decision to the board of tax i v, J 19/ ^
8 appeals. Said board shall appraise such property at its value as of the kso. 416', § so.
9 date of the death of the decedent, shall give notice of its decision to the 219 Mass! eoi.
10 commissioner and to the appellant, and shall make return thereof to the |p ^Jag^; \ts\
11 probate court. Such return, when accepted by said court, shall be final 2b7 Mass. sss.
12 except that any party aggrieved by such appraisal shall have an appeal
13 on matters of law.
820 TAXATION OF LEGACIES AND SUCCESSIONS. [ChAP. 65.
Alteration of SECTION 26. At any time within three months after the date of the 1
1912? 234^' determination of value of any estate made by the commissioner under 2
269'Mi8t: 352! the preceding section, the commissioner may, at the request or with the 3
consent of the persons by whom the tax is payable, alter such determina- 4
tion of value. If any such alteration is made, the commissioner shall 5
notify the persons by whom the tax is payable of the alteration, and the 6
period within which an appeal to the board of tax appeals may be taken 7
as provided by said section shall be three months from the date of said 8
alteration of value by the commissioner. In all proceedings before the 9
board of tax appeals or in the probate court under this or the preceding 10
section the commissioner shall receive notice thereof and may be heard. 11
ASSESSMENT OF TAX.
Commissioner SECTION 27. The commissioujer shall determine the amount of tax 1
amount of tax, (Juc and payable upon any estate or part thereof and shall certify the 2
ment by'' "" amouut SO due and payable to the persons by whom the tax is payable. 3
i907!'563?T*20, Such determination and certification may be made upon account of the 4
iv°^§ 20°' tax payable upon the estate generally or upon account or in full for any 5
i93i; 405: 1 2*' part thereof or any interest therein. Payment of the amount so certi- 6
ii9 Mass' 6oi' fi*^^ upo^ account shall be a discharge of the tax pro tanto and upon 7
221 Mass: 146: subscqucnt determination and certification of the full amount of the S
253 Mass: i3o: tax payable upon the estate generally or upon any interest therein or 9
269 MaS: lit part thereof, payment of the full amount of said tax shall, except as 10
hereinafter provided, be a discharge of the tax, and if upon such final 11
certification it shall appear that any payments made on account are in 12
excess of the tax in full as so determined, the commissioner shall, upon 13
application duly made within six months from the date when the final 14
certificate shall have been issued, issue a certificate that the applicant 15
is entitled to have such excess refunded and the state treasurer shall 10
without any appropriation therefor by the general court pay the amount 17
so certified. In determining the amount of any tax under this chapter, 18
the commissioner shall not be required to consider any payments on 19
account of debts or expenses of administration which have not been 20
allowed by the probate court having jurisdiction of said estate. If 21
after determination and certification of the full amount of the tax upon 22
an estate or any interest therein or part thereof the estate shall receive 23
or become entitled to property in addition to that shown in the inventory 24
or disclosed to the commissioner at or before the time of the certification 25
of the tax in full, the executor, administrator, trustee or other fiduciary 26
shall forthwith notify the commissioner who shall upon being thus or 27
otherwise informed determine the amount of additional tax, if any, due 28
and payable thereon and shall certify the said amount to the person by 29
whom such tax is payable, which amount shall be due and payable thirty 30
days from the date of the certification; provided, that a fiduciary shall 31
be personally liable to pay only so much of said additional tax as is 32
computed on the additional property actually received by him and that 33
a beneficiary receiving any part of such additional property shall be 34
liable to pay so much of the tax thereon as is not chargeable as aforesaid 35
to a fiduciary. 3ft
An executor, administrator, trustee, grantee, donee, survivor or bene- 37
ficiary aggrieved by any determination of the commissioner may, within 38
one year after the i)ayment of any such tax, apply by a petition in 39
equity to the probate court having jurisdiction of the estate of the 40
Chap. 65.] taxation of legacies and successions. 821
41 decedent for the abatement of the tax or any part thereof, and if the
42 court adjudges that the tax or any part thereof was wrongly exacted
43 it shall order an abatement of such part thereof as was assessed with-
44 out authority of law. Upon a final decision ordering an abatement of
45 any part of such a tax, the treasurer shall jiay the amount adjudged to
46 have been illegally exacted, with interest, without any further appropria-
47 tion therefor by the general court.
1 Section 28. For the purpose of assessing taxes imposed by this commissioner
2 chapter, the commissioner may summon and examine on oath any person wilL'sses'.'etc.
3 supposed to know or have means of knowing any material fact touching ^^'*' '"'^•
4 the subject of such assessment. The said examination may be reduced
5 to writing, and false swearing therein shall be deemed perjury and be
6 punishable as such. A justice of the superior court, upon application
7 of the commissioner, may compel the attendance of such witnesses and
8 the giving of such testimony before the commissioner in the same manner
9 and to the same extent as before said court.
«
1 Section 29. Whenever an executor, administrator, trustee, or any Commissioner,
2 person liable to taxation under this chapter, refuses or neglects to furnish mfommtion, to
3 to the commissioner any information which in the opinion of the com- hishest''
rate.
4 missioner is necessary to the proper computation of taxes payable by ^^°^' ^^'^' ^ ^■
5 such executor, administrator, trustee or person, after having been re-
6 quested so to do, the commissioner shall certify such taxes at the highest
7 rate at which they could in any event be computed.
PROCEEDINGS TO DETERMINE AND COLLECT TAXES.
1 Section 30. The probate court having jurisdiction of the settlement Jurisdiction
2 of the estate of the decedent shall, subject to appeal as in other cases, of probate
3 hear and determine all questions relative to the tax imposed by this and'^sucoesiron
4 chapter, or by the corresponding provisions of earlier laws, and the Isg^lls, § i4„
5 commissioner shall represent the commonwealth in any such proceedings, fgol, ^Is^ ^^'
6 If the court finds that any tax remains due, it shall order the executor, {gjjg'lgo' ^ "'•
7 administrator or trustee to pav the same, with interest and costs, and ly. §21 '
. 1922, 520, § 19
8 execution shall be awarded against the goods and estate of the deceased leriiass! 79.
9 in the hands of the executor, administrator or trustee, or, if it appears isg mIII'. 104!
10 that there are no such goods or estate in his hands, against the goods and Hf^ ulll'. 130!
11 estate of the executor, administrator or trustee, as if for his own debt; IggMtsslIls!
12 but the administrators, executors, trustees and grantees mentioned in lOp. a. g. ss.
13 this chapter shall be personally liable only for such taxes as shall be
14 payable while they continue in the said offices or have title as such
15 grantees respectively.
1 Section 31. Upon petition of the commissioner the probate court Enforcement
r,!!!!" 7*1 p 1 l^^ probate
2 shall, after such notice to the owners of any real estate or separate parcel court of lien on
3 thereof as said court shall order, determine the amount of taxes imposed kgac*y and "'^
4 by this chapter and by corresponding provisions of earlier laws which taxes*^'°°
5 have become payable, and of interest on said taxes, for which such real 11]°] 52°; § 20.
6 estate or separate parcel thereof is charged with a lien. After such 207 Mass. 338.
7 determination said commissioner may collect said taxes and interest by
8 sale in the manner provided by chapter sixty for the collection of taxes
9 by sale by a collector of taxes, so far as applicable.
822
TAXATION OF LEGACIES AND SUCCESSIONS.
[Chap. 65.
Commissioner
to proceed for
recovery of
unpaid taxes,
etc. Abate-
ment of
uncollectible
taxes.
1891, 425, 5 18.
R. L. 15, § 20.
1907, 563, § 24.
1909, 490,
IV. § 24.
1918, 257, § 75.
1919, 5.
1920, 2.
1922, 339,
520, § 21.
1931,426,
179 Mass. 540.
189 Mass. 104.
1 Op. A. G. 268.
§3;
(193.
Section 32. The commissioner shall commence proceedings for the
recovery of any of the taxes imposed by this chapter or by corresponding
provisions of earlier laws within six months after the same become pay-
able; and also whenever the judge of a probate court certifies to him
that the final account of an executor, administrator or trustee has been
filed in such court, and that the settlement of the estate is delayed
because of the non-payment of said tax. The probate court shall so cer-
tify upon the application of any heir, legatee or other person interested
therein. Whenever the circumstances of a case require, the probate
court may extend the time for payment of said tax, with or without 10
interest. Any taxes assessed under this chapter or corresponding pro- 11
visions of earlier laws, which are unpaid and uncollectible, may be 12
abated by the board of tax appeals on the recommendation of the 13
attorney general and the commissioner at any time after the expiration 1-i
of five years from the date when the same became payable. 15
Additional
remedies.
1909, 266, § 1.
1922, 520, § 22.
217 Mass. 364.
221 Mass. 146.
Recovery of
penalties and
forfeitures.
Papers not to
be open to
public in-
spection, etc.
1911, 359,
§§ 1,2.
1919, 350,
§§ 53-55.
Section 33. Taxes imposed by this chapter and by corresponding
provisions of earlier laws may be recovered by the commissioner in an
action of contract brought in the name of the commonwealth, or by an
information in equity brought in the supreme judicial court by the
attorney general at the relation of the commissioner. In a proceeding
under this section for the collection of taxes imposed by this chapter, the
determination by the commissioner under section twenty-seven of the
amount of the tax shall be final as to such amount; but an executor,
administrator, trustee, grantee, donee or survivor may show, in any pro-
ceeding brought against him under this section, any facts which would 10
entitle him to an abatement under section twenty-seven, and a judgment 11
or decree shall be entered for the amount of the tax so determined less the 12
amount pro\-ed to have been assessed without authority of law, together 13
with interest and costs. If upon an information brought hereunder the 14
court shall find that any tax remains due, it shall order the executor, 15
administrator, trustee, grantee, donee or survivor to pay the same, with 16
interest and costs, and may award execution therefor in the manner and 17
form provided in section thirty. IS
Section 34. Penalties and forfeitures incurred under this chapter 1
may be recovered by the commissioner in an action of contract brought 2
1922! 52o; § 23. in the name of the commonwealth, or by an information in equity brought 3
in the supreme judicial court by the attorney general at the relation of the 4
commissioner. ^
general provisions.
Section 35. Papers, copies of papers, affidavits, statements, letters
and other information and evidence filed with the commissioner in con-
nection with the assessment of taxes upon legacies and successions, ex-
cept inventories filed with him under section twenty-two, shall be open
only to the inspection of persons charged or likely to become charged
with the payment of taxes in the case in which such paper, copy, affida\it,
statement, letter or other information or e\'idence is filed, or their repre-
sentatives, and to the commissioner, his deputies, assistants and clerks
and such other officers of the commonwealth and other persons as may,
in the performance of their duties, have occasion to inspect the same
for the purpose of assessing or collecting taxes. Nothing in this section 11
shall be construed as limiting the duties imposed upon the commissioner 12
1
2
•1
•y
4
5
6
7
S
9
10
Chaps. 65, 65A.]
823
13 by section three of chapter fifty-eight or as prohibiting the use of such
14 papers, copies, affidavits, statements, letters and other information and
15 evidence in legal proceedings involving the assessment, collection or
16 abatement of taxes.
1 Section 36. This chapter shall apply only to property or interests Application of
2 therein passing or accruing upon the death of persons dying on or after ea?uer acu.
3 May fourth, nineteen hundred and twenty, and as to ail property and I'fo'i,''!!.'
4 interests therein passing or accruing upon the death of persons who l^fjAT;' ^^'
5 have died prior to said date the laws theretofore applicable shall remain fgii ^IqI^'/I'
6 in force; but so much of this chapter as relates to property or interests l?i|'|'^'
7 therein passing by deed, grant or gift completed inter vivos in contem- 1913, 689. § 2.
8 plation of death shall apply only to such deeds, grants or gifts made igis! 152; § 2.
9 on or after May twenty-seventh, nineteen hundred and twenty. ^®^®' ^®^' ^ *'
1920, 396, § 4;
54S, § 3.
208 Mass. 343.
217 Mass. 348.
224 Mass. 332.
227 Mass. 331.
25B Mass. 519.
267 Mass. 240.
268 Mass. 443.
CHAPTER 65A.
TAXATION OF TRANSFERS OF CERTAIN ESTATES.
Sect.
1. Transfers of certain estates, taxation of.
2. Tax, when payable. Extensions.
3. Tax, when credited against tax upon
certain future interests.
4. Repayment, collection, etc., certain
laws applicable to.
Sect.
5. Reimbursement, etc., to certain per-
sons paying tax.
6. Federal revenue act, change in, effect.
7. ,Same subject. Repeal, etc., effect.
1 Section 1 . A tax is hereby imposed upon the transfer of the estate of J"°f ^Y^
2 everv person dving after Februarv twentv-sixth, nineteen hundred and estates,
•. 1*1 . p i 1 " -1 PI' taxation of.
3 twenty-Six, who at the time ot death was a resident or this common- 1927, i78, § 1.
4 wealth, the amount of which shall be the amount by which eighty per
5 cent of the estate tax payable to the United States under the provisions
6 of the federal revenue act of nineteen hundred and twenty-six shall
7 exceed the aggregate amount of all estate, inheritance, legac.y and succes-
8 sion taxes actually paid to the several states of the United States in respect
9 to any property owned by such decedent or subject to such taxes as a
10 part of or in connection with his estate.
1 Section 2. The tax imposed bv this chapter shall become due and Tax, when
2 payable at the expiration of eighteen months from the date of death. Extensions.
3 and executors, administrators, trustees, grantees, donees, beneficiaries
4 and surviving joint owners shall be and remain liable for the tax until it
5 is paid. If the tax is not paid when due, interest at the rate of six per cent
6 per annum shall be charged and collected from the time the same became
7 payable. The commissioner of corporations and taxation, hereinafter
8 called the commissioner, may, however, for cause shown extend the time
9 for payment with or without interest for such period as the circumstances
10 require.
824
TAXATION OF TRANSFERS OF CERTAIN ESTATES. [ChaP. 65A.
Tax, when
credited
against tax
upon certain
future
interests.
1927, 178, § 1.
Section 3. If after the payment of the tax under this chapter there 1
shall become payable a tax under chapter sixty-five upon any future 2
interest in any property owned by such decedent or subject to such tax 3
as a part of or in connection with his estate the tax paid under this chap- 4
ter shall be credited against such tax under said chapter sixty-fi\e, but 5
the amount so credited shall not in any event exceed the amount of the 6
tax on such future interest. 7
Repayment,
collection,
etc., certain
laws appli-
cable to.
1927, 178, § 1.
Section 4. The provisions of section twenty-seven of chapter fifty- 1
eight relative to the repayment of illegal taxes and all provisions of said 2
chapter sixty-five relati\e to the determination, certification and collec- 3
tion of the tax imposed by said chapter, relative to the refund or recovery 4
of taxes assessed and collected without authority of law and relative to 5
the determination of questions concerning the tax and all necessary ad- 6
niinistrative provisions of said chapter sixty-five shall also be effective 7
in reference to all corresponding matters arising in connection with the 8
tax hereunder, except that no lien shall attach to any property of any 9
estate on account of the tax imposed hereunder. The commissioner 10
shall have authority to require all persons or corporations liable for the 11
payment of taxes hereunder to file returns in such form as he may 12
prescribe. 13
Reimburse-
ment, etc., to
certain per-
sons pay-
ing tax.
1927, 178, I 1.
Section 5. If the tax or any part thereof is paid by, or collected out 1
of that part of the estate passing to or in the possession of, any person 2
other than the executor or administrator in his capacity as such, such 3
person shall be entitled to reimbursement out of any part of the estate 4
still undistributed or to a just and equitable contribution by the persons 5
whose interest in the estate of the decedent would have been reduced if G
the tax had been paid before the distribution of the estate or whose 7
interest is subject to equal or prior liability for the payment of taxes, 8
debts or other charges against the estate. 9
Federal
revenue act,
change in,
effect.
1927, 178, § 1.
Section 6. If the amount of tax imposed by Title III of said revenue 1
act shall be increased or decreased as affecting an estate taxable here- 2
under subsequent to the payment of the tax on account of such estate 3
imposed by section one of this chapter the tax imposed upon such estate 4
hereunder shall be changed accordingly. Any additional tax shall be 5
assessed by the commissioner and paid within thirty days after the date 6
of the notice from the commissioner of the amount thereof. Any excess 7
tax received by the commonwealth shall be refunded within thirty days 8
after the amount shall have been certified by the commissioner with 9
interest at six per cent from the date of payment, without appropriation. 10
Same sub-
ject. Repeal,
etc., effect.
1927. 178, § 1.
1930.301, § 1.
Section 7. This chapter shall become void and of no effect in respect 1
to the estates of persons who shall die subsequent to the rej)eal of Title 2
III of said federal revenue act or of the provision thereof pro\iding for 3
a credit of the taxes paid to the several states of the United States not 4
exceeding eighty per cent of the tax imposed by said Title III or who 5
shall die sub.sequent to a final judgment, order or decree declaring such 6
provision to be invalid. If said provision for such a credit shall be 7
declared invalid as aforesaid and if, in consequence thereof, the proper 8
officials of the federal goxcniment shall assess an additional estate tax 9
upon the estate of any person who shall have died after February twenty- 10
('hap. 65A.] TAXATION OF TIL-INSFERS OF CERTAIN ESTATES. 825
11 sixth, nineteen hundred and twenty-six, an amount equal to such addi-
12 tional estate tax, with interest thereon, shall be refunded by the state
13 treasurer without an appropriation therefor, provided, that the amount
14 so refunded shall not exceed the tax paid on account of such estate
15 under this chapter and corresponding provisions of earlier laws, with
H) interest at the rate of six per cent per annum from the date of its pay-
17 ment; and the time for bringing any petition in accordance with the
18 provisions of said chapter sixty-five shall be extended for one year from
19 the date when such additional estate tax shall have been paid to the
20 United States.
826
PtIBLIC RECORDS.
[Chap. 6G.
TITLE X.
PUBLIC RECORDS.
Chapter 66. Public Records.
CHAPTER 66
PUBLIC RECORDS.
Sect.
1. Duties of supervisor of public records.
Keeping and preservation.
2. Standard record ink.
3. "Record" defined. Quality of paper
required. Record made by photo-
graphic process, when authorized.
4. Certain appliances forbidden. Penalty.
6. Copies of records of counties, cities
and towns.
6. Custody of departmental, etc., records.
7. Custody of ancient and certain other
public records.
8. Preservation of certain books, papers
and records.
Sect.
9. Preservation and copying of worn, etc.,
records.
10. Records open for public inspection.
11. Fireproof vaults.
12. Arrangement of records for reference.
13. Custodian to demand records.
14. Surrender of records by retiring officer.
15. Penalties.
16. Church records. Jurisdiction of supe-
rior court.
17. Records to be placed in city or town
where they originally belonged, etc.
Penalty.
18. Application of chapter limited.
Duties of
supervisor of
public records.
Keeping and
preservation.
1892, 333, § 3.
1898, 67.
R. L. 35.
1913, 485.
1915, 45,
1918,257
3.
i2.
1.
105.
350,
1919, 5:
§24.
1920, 2.
1923, 362, § 57.
1 Op. A. G. 207.
Standard
record ink.
1894, 378.
1898. 510.
1899, 354,
§§2,3.
R. L. 35, §
1918, 257,
§ 166.
1919, 5.
1920, 2.
2 0p.A. G.
89.
Section 1. The supervisor of public records, in this chapter called
the supervisor of records, shall take necessary measures to put the rec-
ords of the commonwealth, counties, cities or towns in the custody and
condition required by law and to secure their preservation. He shall see
that the records of churches, parishes or religious societies are kept in
the custody and condition contemplated by the various laws relating to
churches, parishes or religious societies, and for these purposes he may
expend from the amount appropriated for expenses such amount as he
considers necessary; provided, that no measures shall be taken relative
to the records of the commonwealth unless the same are approved by
the division of personnel and standardization.
Section 2. The supervisor of records shall advertise for proposals to
furnish the several departments and offices of the commonwealth, and
of the counties, cities or towns in which public records are kept, with
ink of a standard, and upon conditions, established by him, at such
periods and in such quantities as may be required, and he may make
contracts therefor. Ink so furnished, before being accepted by him,
shall be examined by a chemist designated by him and, if at any time
any of said ink shall be found inferior to the established standard, the
supervisor of records may cancel tiie contract for furnisliing such ink.
Ink furnished to counties, cities and toAvns shall be paid for by them
at cost.
1
2
3
4
5
6
7
8
9
10
11
1
2
3
4
5
6
7
8
9
10
11
/
Chap. 66.] public records. 827
1 Section 3. The word "record" in this chapter shall mean any writ- "Record"
2 ten or printed book, paper, photograph, map or plan. All public records c/ualftyof ,
3 other than maps and plans shall be entered or recorded on paper made itwJ/dSmde^'
4 of linen rags and new cotton clippings, well sized with animal sizing and graphkprocess,
5 well finished, and preference shall be given to paper of American manu- J^'lf^^ed"
6 facture marked in water line with the name of the manufacturer. Public }sis. 73.
7 records may be made by photographic process when the instrument to g!s.'29,'§i.
8 be recorded is required by law to remain in the custody of the recording i89i, 281.
9 officer.
1897, 439, 5 1. 197 Mass. 218, 256. 218 Mass. 501. 3 Op. A. G. 122,
R. L. 3.5, §§ 5, 6. 214 Mass. 254. 2 Op. A. G. 381. 136, 351.
1928, 192, § 1.
1 Section 4. No ink shall be used upon any public record except ink Certain appu-
2 furnished by the supervisor of records, and no ribbon, pad or other wdden!"^"
3 device used for printing by typewriting machines, or stamping pad, or f|94,'3'7'8.
4 any ink contained in such ribbon, pad, device or stamping pad, shall be ilgg'ls^'jji
5 used upon any public record, nor shall any photographic machine or ^ s^' ^^ '
6 device or chemical used in connection therewith be used in making any §§8-io.'
7 public record, except such as has been approved by the supervisor of 1928! 192, § 2.
8 records, who may cancel his approval if he finds that any article so
9 approved is inferior to the standard established by him. Whoever
10 violates this section shall be punished by a fine of not more than fifty
11 dollars.
1 Section 5. County commissioners, city councils and selectmen may copies of
2 cause copies of records of counties, cities or towns, of town proprietaries, cou°nt1e3?ritie3
3 of proprietors of plantations, townships or common lands, relative to i§57'°8'^''^'
4 land situated in their county, city or towTi or of easements relating ^}^lg
5 thereto, to be made for their county, city or town, whether such records sss.'e. '
6 are witWn or without the commonwealth, and such records within the is74,' 162!
7 commonwealth may be delivered by their custodians to any county, 6,9.'^'''^^^'
8 city or town for such copying. City councils and selectmen may also \lll] 439; 1 1[
9 cause copies to be made of the records of births, baptisms, marriages ^913 ||^ ^ ^^- •
10 and deaths kept by a church or parish in their city or town.
1 Section 6. Every department, board, commission or office of the custody of
2 commonwealth or of a county, city or town, for which no clerk is other- rtc??r'e"ords*''
3 wise provided by law, shall designate some person as clerk, who shall l^^'a'^ 3^®'
4 enter all its votes, orders and proceedings in books and shall have the ^,J'MassV2^'
5 custody of such books, and the department, board, commission or office 221 Mass! 150.
6 shall designate an employee or employees to have the custody of its other
7 public records. Every sole officer in charge of a department or office of
8 the commonwealth or of a count.y, city or town having public records in
9 such department or office shall have the custody thereof.
1 Section 7. Every town clerk shall have the custody of all records Custody of ,
2 of proprietors of towns, townships, plantations or common lands, if the OTtlili' other
3 towns, townships, plantations or common lands to which such records ifi^'sCfi^'
4 relate, or the larger part thereof, are within his town and the proprietors fgst. le'i,^ ^^'
5 have ceased to be a body politic. The state secretary, clerks of the county ^^I'lg.sjn,
6 commissioners and city or town clerks shall respectively have the custody J^.g'^^'
7 of all other public records of the commonwealth or of their respective 5§ 14, is.
8 counties, cities or towTis, if no other disposition of such records is made 1892! 3u. § 3.
9 by law or ordinance, and shall certify copies thereof. ^®^^' *^^' ^ ^'
R. L. 35, § 12.
828
PUBLIC RECORDS.
[ClL\P. 66.
Preservation of
certain books,
papers and
records.
1894, 356,
§§1,2.
1897, 439, § 4.
R. L. 35, § 14.
1918, 257,
§ 167.
1919, 5.
1920, 2.
1 Op. A.
325.
. G.
Section 8. Every original paper belonging to the files of the common- 1
wealth, or of any county, city or town, bearing date earlier than the year 2
eighteen hundred, every book of registry or record, every town warrant, 3
every deed to the commonwealth or to any county, city or town, every 4
report of an agent, officer or committee relative to bridges, public ways, 5
sewers or other state, county or municipal interests or matters not required 6
to be recorded in a book, and not so recorded, shall be preserved and 7
safely kept, and every other paper belonging to such files shall be kept 8
for seven years after the latest original entry therein or thereon, unless 9
otherwise provided by law; and no such paper shall be destroyed with- 10
out the written approval of the supervisor of records. 11
Preservation
and copying
of worn, etc.
records.
1851, 161,
§§2,6.
1857, 84,
§§1,2.
G. S. 29, §§:
7,8.
P. S. 37, |§ :
7,8.
1897, 439,
§§ 6, S.
R. L. 35, § 1
1913, 485,
1 Op. A. G. 484.
Section 9. Every person having custody of any public record books
of the commonwealth, or of a county, city or town shall, at its expense,
cause them to be properly and substantially bound. He shall have any
such books, which may ha\-e been left incomplete, made up and com-
pleted from the files and usual memoranda, so far as practicable. He
shall cause fair and legible copies to be seasonably made of any books
which are worn, mutilated or are becoming illegible, and cause them to
be repaired, rebound or renovated. He may cause any such books to 8
be placed in the custody of the supervisor of records, who may have 9
them repaired, renovated or rebound at the expense of the common- 10
wealth, county, city or town to which they belong. Whoever causes 11
such books to be so completed or copied shall attest them, and shall 12
certify, on oath, that they have been made from such files and memoranda 13
or are copies of the original books. Such books shall then have the force 14
of the original records. 15
Records open
for public in-
spection.
1851, 161, § 4.
1857, 84, § 3.
G. S. 29, § 10.
P. S. 37, § 13.
1897, 439, § 7.
R. L. 35, § 17.
Section 10. Every person having custody of any public records 1
shall, at reasonable times, permit them to be inspected and examined 2
by any person, under his supervision, and shall furnish copies thereof on 3
payment of a reasonable fee. In towns such inspection and furnishing 4
of copies may be regulated by ordinance or by-law. 5
197 Mass. 218.
248 Mass. 559.
2 Op. A. G. 381.
3 Op. A. G. 136.
Fireproof
vaults.
1811, 165.
R. S. 14, § 104.
1851, 101,
§§1.2.
1857, 97, § 1.
G.S. 29, §§3,4.
P. S. 37, §§3,4.
1897, 439, § 10.
R. L. 35, § 18.
2 Op. A. G. 48.
Section 11. Officers in charge of a state department, county com-
missioners, city councils and selectmen shall, at the expense of the com-
monwealth, county, city or to\\Ti, respectively, provide and maintain
fireproof rooms, safes or vaults for the safe keeping of the public records
of their department, county, city or town, other than the records in the
custody of teachers of the public schools, and shall furnish such rooms
with fittings of non-combustible materials only.
1
2
3
4
5
6
7
Arrangement
of records for
reference.
1897, 439. § 9.
R. L. 35, § 19.
Section 12. All such records shall be kept in the rooms where they
are ordinarily used, and so arranged that they may be conveniently
examined and referred to. WJicn not in use, they shall be kept in the
fireproof rooms, vaults or safes provided for them.
de^nmnd""*" Section 13. Wliocvcr is entitled to the custody of jniblic records 1
isg^'^lsg § 9 ^^^^" deniand the same from any person ha\'ing possession of them, who 2
R. l!35,'§20. shall forthwith deliver the same to him. 3
Chap. 66.] public records. 829
1 Section 14. Whoever has custody of anv public records shall, upon Surrenderor
„ , . „ ™ " 1 ' i il -J. I r romrdsbyre-
2 the expiration of his term oi omce, employment or authority, delner tiring officer.
3 over to his successor all such records whicli he is not authorized by law to 1^97; 439'. § 11.
4 retain, and shall make oath that he has so delivered them, according as "• ^- ^*' ^ '^^■
5 they are the records of the commonwealth or of a county, city or town,
6 before the state secretary, the clerk of the county commissioners or the
7 city or town clerk, who shall, respecti\ely, make a record of such oath.
1 Section 15. \M:oever unlawfully keeps in his possession any public P™a"|es- ^
2 record or removes it from the room where it is usually kept, or alters, .s't.'s.
3 defaces, mutilates or destroys any public record or violates any provision JfV' I9; § 13.
4 of this chapter shall be punished by a fine of not less than ten nor more fggl.lg'a^ ^'^■
5 than five hundred dollars. Any public ofHcer who refuses or neglects ]^^l lf\%l^-
6 to perform any duty required of him by this chapter shall for each 1 bp. a. g. 484.
7 month of such neglect or refusal be punished by a fine of not more
8 than twenty dollars.
1 Section 16. If a church, parish, religious society, monthly meeting church records.
2 of the people called Friends or Quakers, or any similar body of persons supeHor court.
3 who have associated themselves together for holding religious meetings, IHI] til'. ^ ^'
4 shall cease for the term of two years to hold such meetings, the persons ^- ^- ^^- ^ ^^■
5 having the care of any records or registries of such body, or of any officers
6 thereof, shall deliver all such records, except records essential to the
7 control of any property or trust funds belonging to such body, to the
8 clerk of the town where such body is situated and such clerk may certify
9 copies thereof. If any such body, the records or registries of which, or of
10 any officers of which, have been so delivered, shall resume meetings
11 under its former name or shall be legally incorporated, either alone or
12 with a similar body, the clerk of such town shall, upon written demand
13 by a person duly authorized, deliver such records or registries to him if
14 he shall in writing certify that to the best of his knowledge and belief
1.5 said meetings are to be continued or such incorporation has been legally
16 completed. The superior court shall have jurisdiction in equity to en-
17 force this section.
1 Section 17. Except as otherwise provided bv law, all public records Records to be
^ 1.1 ij?*M placed in city
2 shall be kept in the custody of the person having the custody or similar or town where
3 records in the county, city or town to which they originally belonged. Lion ?"!' etc.''
4 and if not in his custody shall be demanded by him of the person having fgjl'a^u,
5 possession thereof, and shall forthwith be delivered by such person to 5§2-4.
6 him. Whoever refuses or neglects to perform any duty required of
7 him by this section shall be punished by a fine of not more than twenty
8 dollars.
1 Section 18. This chapter shall not apply to the records of the ^,PP';^^fi'°^i°V
2 general court, nor shall declarations, affidavits and other papers filed iss?, f^-^^^^^-
3 by claimants in the office of the commissioner of state aid and pensions, 1903, 177. § i!
4 or records kept by him for reference by the officials of his office, be public
5 records.
/
830
PARISHES AND RELIGIOUS SOCIETIES.
[Chap. 67.
TITLE XI.
CERTAIN RELIGIOUS AND CHARITABLE MATTERS.
Chapter 67. Parishes and Religious Societies.
Chapter 68. Donations and Conveyances for Pious and Charitable Uses.
CHAPTER 67.
PARISHES AND RELIGIOUS SOCIETIES.
Sect.
gener.\l phovisions.
1. Powers and liabilities of religious so-
cieties.
2. Same subject.
3. Privileges of churches connected there-
with.
4. By-laws.
6. Membership.
6. Women and non-residents may be
members.
7. Annual meetings and officers.
8. Election of officers.
9. Moderator's powers.
10. Tenure of office of assessors or standing
committee.
11. Prudential affairs, management of.
12. Meeting called by justice of the peace,
when.
13. Meetings, how warned.
14. Warrant for meeting; contents.
15. Presiding officer. Oaths of officers.
16. Collector.
17. Appropriations.
18. Assessments on pews. Non-liabiIit.v of
members for certain parish debts.
19. Pews may be taken down or meeting
house sold.
20. Preceding sections to apply to parishes.
OncANIZATlON OF EELIGIOUS SOCtETIES.
21. Incorporation of religious societies.
22. First meeting. Certificate of incorpo-
ration, filing, etc.
23. Formation and incorporation of re-
ligious society.
PROPRIETOnS OF MEETING HOUSES.
24. Incorporation of owners of meeting
houses.
Sect.
25. Amount of property which may be held.
Disposition of income.
26. Filing record of organization.
27. Alterations, repairs, etc.
28. Powers of religious society incorporated
under special act.
29. Calling meeting.
30. Assessment and collection of money
voted.
31. Sale of pews for taxes.
32. Affida^^t of posting of notice of sale,
effect.
33. Rebuilding or altering meeting house.
34. No compensation for pews when meet-
ing house unfit for worship.
35. Assessments on pews.
36. Same subject.
37. Purchase of pews by religious corpora-
tion.
38. Pews as personal estate.
PROTESTANT EPISCOPAL SOCIETIES.
39. Protestant Episcopal societies.
METHODIST EPISCOPAL CHURCHES.
40. Methodist Episcopal churches. Or-
ganization.
41. Powers of trustees.
42. First meeting of trustees, etc.
43. Filing record of organization.
ROMAN CATHOLIC CHURCHES.
44. Roman Catholic churches. Incorpora-
tion.
45. Successor of archbishop, etc., to be
trustee.
46. Powers of trustees.
Chap. 67.]
PARISHES AND RELIGIOUS SOCIETIES.
831
Sect.
incorporation of churches.
47. Incorporation of churches.
48. Notice of meeting for incorporation.
49. Election of officers.
50. By-laws.
51. Filing record of organization. Certifi-
cate of organization.
Sect.
52. Church members only to be members
of corporation. Exceptions.
Officers may convey property to the
church.
Religious societies may convey prop-
erty to the church.
53
54
GENERAL PROVISIONS.
1 Section 1. Every religious society heretofore established or organ- Powers and
2 ized under any statute shall continue a body corporate with the powers reUgioir °
3 gi\'en to such corporations by law, and with the powers, privileges, lia- nse'To.
4 bilities and duties set forth in this chapter; but this chapter shall not I^^s.'2of'§f i,'
5 impair the existing rights of property of any territorial parish. i^' ^i-
G. S. 30, § 1. P. S. 38, § 1. R. L. 36, § 1. 13 Allen, 90, 497.
1 Section 2. Religious societies, incorporated or unincorporated, shall const^amend
2 continue to have and enjoy their existing rights, privileges and immuni- ii-
3 ties, except as limited or modified by this chapter. art. 3, § i.)
534, 183, § 1.
G. S. 30, § 2.
R. L. 36, § 2.
222 Mass. 464.
. S. 20, § 2.
P. S. 38. i 2.
1 Gush. 148.
243 Mass. 331.
1 Section 3. Churches connected and associated in public worship Privileges of
2 with such religious societies shall continue to have, exercise and enjoy Connected
3 all their accustomed privileges and liberties respecting divine worship, iTgg'.'s?!'^ i.
4 church order and discipline, and shall be encouraged in the peaceable if^J;2o,'''§3.^'
5 and regular enjoyment and practice thereof. g. s. so, § 3.
p. S. 38, 5 3.
R. L. 36, § 3.
16 Mass. 488.
10 Pick. 172, 333.
5 Gush. 336, 412.
148 Mass. 400.
222 Mass. 464.
243 Mass. 331.
1 Section 4. A religious society may make by-laws consistent with By-iaws.
2 law, prescribing the manner in which persons may become members and r. s.' 20, '§ s. '
3 the mode of calling and warning its meetings, and regulating the man- p g fg; 1 5;
4 agement of its affairs.
1887, 404, § 4.
1888, 326.
R. L. 36, § 5.
201 Mass. 534.
243 Mass. 331.
a Membership.
Const, amend.
11.
Section 5. A person belonging to such society shall continue
member thereof until he files with the clerk a written declaration of the
dissolution of his membership; but after filing such notice he shall not i^^sfuT
be liable for any grant or contract thereafter made or entered into by r.^|;2o^'§4!'
such society. No person shall be made a member of a religious society p ||g' ||-
R. L. 36, § 4.
17 Mass. 347.
5 Pick. 498.
13 Pick. 111.
21 Pick. 148.
5 Met. 73.
8 Gush. 267.
106 Mass. 479, 489.
1 Section 6. A religious society may admit women to membership Women and
2 with full rights and privileges, and a territorial parish may admit to maybe
3 membership persons who are not residents of its territory.
1869, 346, 55 1, 2. P. S. 38, § 6. R. L. 36, § 6.
members.
1 Section 7. Every incorporated religious society shall hold an annual ^""^"ngg ^nd
2 meeting in March or April, or at such other time as it may prescribe by "f^^'l^ ^ jg.
3 its by-laws, and, if the by-laws do not otherwise provide, at a time and ™^|ij5j ,„ ^
4 place appointed by its assessors or standing committee ; and at such r. s.' 20'.
5 meeting it shall choose a moderator, clerk, a standing committee or two 1852', 175, 5 1-
6 or more assessors, a treasurer, a collector, and such other officers as it ^j f jg-
832
PARISHES AND RELIGIOUS SOCIETIES.
[Chap. 67.
p. S. 38,
§§8,17.
R. L. 36. § 7.
1 Cush. 148.
97 Mass. 349.
232 Mass. 331.
may think necessary, all of whom, except the moderator, shall, except 7
as otherw'ise provided in this chapter, hold office until the next annual 8
meeting and until their successors are cjualLfied. Vacancies in said 9
offices may be filled at any legal meeting. 10
Election of
officers.
1786, 10, § 1.
R. S. 20. § 7.
1838, 46.
G. S. 30, § 10.
P. S. 38, § 9.
Section 8. Moderators for meetings held for the choice of officers
shall be elected by ballot. Clerks, assessors, treasurers and collectors
shall be elected by ballot, and shall be sworn. Other officers may be
elected in such manner as the society determines.
R. L. 36, § 9.
Moderator's SECTION 9. The moderator shall have like powers with the mod- 1
powers. •! i, ,.
1786, 10, 1 2. erator of a town meeting; and whoever is guilty of disorderly behavior 2
G. s. 3o! § le. at a meeting of a religious society shall be subject to the penalties pro- 3
R. L. 36, § 15. vided for like offences in town meetings. 4
Tenure of
office of
assessors or
standing
committee.
1894, 126.
R. L. 36, § 8.
Section 10. The assessors or standing committee may be elected
for such term, not exceeding three years, as the parish or religious
society may by vote or by-law prescribe, and the vote or by-law may
provide that the term of office of the assessors or members of the stand-
ing committee may expire in different years.
Prudential
affairs, man-
agement of-
1786, 10, § 2.
R. S. 20, I 14.
G. S. 30, S 11.
P. S. 38, § 10.
Section 11. The prudential affairs of such societies shall be man-
aged by their assessors or by a standing committee, who, unless the
by-laws otherwise provide, shall have like authority for calling meetings
as selectmen have for calling town meetings.
R. L. 36, § 10. 97 Mass. 349.
Meeting called
by justice of
the peace,
when.
1731-2. 10.
1786, 10. 5 2.
R. S. 20, § 17.
Section 12. If there are no assessors or committee, or if such officers
unreasonably refuse to call a meeting, a justice of the peace may, upon
the application of five or more members, call a meeting in the manner
provided in section twenty-two.
G. S. 30, § 12. 3 Pick. 232. 97 Mass. 349.
P. S. 38, § 11. 6 Met. 448. 232 Mass. 331.
R. L. 36, § 11. 4 Cush. 476.
Meetings,
how 1
ivarned.
1807,
63.
R. S.
20.
§8.
G. S.
30,
§14.
P. S.
38,
§ 13.
1887,
404
,§4.
Warrant for
meeting;
contents.
1733-
-4, 4
, §1.
1786,
10,
§2.
R. S.
20,
§ 16.
G. S.
30,
§13.
Presiding
officer.
0.ath
s of
officers.
1731-
-2, 10. § 2
1733-
-4, 4
. §2.
1786,
10,
§§1,
2.
1817,
184
, §2.
1831,
50.
Section 13. Meetings shall be warned in the manner provided by
any by-law or vote of the society, or, if no such provision has been made,
in such manner as the assessors or standing committee in their warrant
may direct.
R. L. 36, § 13. 232 Mass. 331.
Section 14. The assessors or committee shall insert in the warrant
for a meeting any matter the insertion of which fi\e or more members
of the society may in writing request. Nothing shall be acted upon at
a meeting unless the subject matter thereof was inserted in the warrant.
p. S. 38, § 12. R. L. 36, § 12. 9 Pick. 97. 149 Mass. 135.
Section 15. The clerk or, if there is no clerk or if he is absent, one
of the assessors or of the standing committee shall preside in the choice
of a moderator, after which a clerk may be chosen, either pro temjiore
or to fill the vacancy. The moderator may administer the oath of office
to the clerk, and the clerk to the assessors, treasurer and collector, or
said oaths may be administered by a justice of the peace.
R. S. 20, I
G. S. 30,
§ 9. 10.
15.
1865. 100.
P. S. 38. § 11
R. L. 36. § 14.
5 Mass. 427.
Chap. 67.] i'.\rishes and religious societies. 833
1 Section 1G. If the person who is chosen collector is present and fy^jUffoy^ i
2 accepts the office, he shall forthwith be sworn. If not present, he shall R- s^2a
3 be summoned to take the oath by a constable or by any person whom 0. s.'3o,§ i7.
4 the clerk or assessors appoint for the purpose. Upon the refusal or u.l. 36, §16.
5 neglect of a person present to accept such office at the time, or upon the
(i neglect of a person so summoned, for the space of seven days, to appear
7 and take the oath, the society shall proceed to a new choice; and so from
8 time to time until some person accepts and is sworn.
1 Section 17. A religious society may, at its annual meeting or at (vTeTo't's"^'
2 any other meeting regularly notified seven days at least before the hold- irag! hi, § i.
3 ing thereof, grant and vote money necessary for the settlement and isas! io7.
4 support of ministers or public teachers of religion, for the building or it^l: m.^'hs.'
5 repairing of houses of public worship, for sacred music, for the purchase ^'iJ^i |f^:
6 and preservation of burial grounds, and for other necessary parish i^ l. 36, § n.
7 charges.
1 Mass. 181. 10 Pick. .500. 8 Gush. 267.
6 Mass. 547. S Met. 73. 149 Mass. 135.
1 Section IS. No parish or religious society shall assess taxes on the Assessments
2 polls or estates of its members; but pews may be assessed as heretofore. Non-uabiuty
3 No member of any territorial or other parish shall, as such, be personally for"ertaiT
4 liable for any debt or obligation of the parish incurred after April sixth, fgw.'Vig.'*''
5 eighteen hundred and ninety-seven.
1897, 241. R. L. 36, § 18.
1 Section 19. A religious society may, under sections thirty-three and fal^n downor
2 thirty-four, for the purpose of altering, enlarging, removing or rebuilding "Ju^'eToid.
3 its house or building a new house, take down any pews therein or sell isas, 121.
4 the house.
R. S. 20, § 37. G. S. 30, § 36. R. L. 36, 5 19.
1853, 256. P. S. 38, § 22. 109 Mass. 1.
1 Section 20. The terms "religious society" and "society" in the Preceding
,,,.,, ., sections to
2 preceding sections shall include parishes. apply to
G. S. 30, § 26. P. S. 3S, § 23. R. L. 36, 5 20. parishes.
organization of religious societies.
1 Section 21. An unincorporated religious society, if it contains ten or incorporation
2 more members, male or female, may become a corporation, and may hold soc'iet'ils"""
3 so much real and personal estate as may be necessary for the objects of jfe.'?.'*'^'
4 such organization, and no more.
R. S. 20, §§ 26, 29. P. S. 38, § 24. 243 Mass. 331.
G. S. 30, § 4. R. L. 36, § 21.
1 Section 22. A justice of the peace, upon written application by gjf^'^'i^^^^'ljf-
2 five or more of the members of such society, may issue his warrant di- incorporation,
3 rected to one of the applicants, stating the objects of the proposed meet- is^.m!? 2.
4 ing, and requiring him to warn the members of the society to meet at a ^^t 20. '
5 time and place appointed in the warrant; and such warrant may be |§g27, 2s;44.
6 served by posting an attested copy thereof on the principal outer door ^g/||°' ^^'
7 or some other conspicuous part of the meeting house of such society or •y|'^^*' ^25;
8 by leaving such copy with, or at the last and usual places of abode of, isbV, ^o.^H-
9 the members of the society seven days at least before such meeting; and, m. \ is. '
10 upon return thereof, the same or any other justice of the peace may {49 Mass. i35.'
1 1 preside at the meeting during the choice and qualification of a clerk and
834 PARISHES AND RELIGIOUS SOCIETIES. [ChAP. 67.
until a moderator is chosen; and the society may thereupon choose a 12
moderator and do such other things as parishes may do at their annual 13
meetings, if the subject matter thereof is inserted in the warrant. The 14
clerk shall enter at large upon the records of the society the proceedings 15
in the organization thereof. 16
The moderator and clerk shall forthwith make, sign, swear to and 17
file in the office of the state secretary a certificate stating the name of 18
the corporation, its purpose, the town and county where located, the 19
date of the meeting for organization and any adjournments thereof and 20
the names of the officers elected; otherwise the organization shall be 21
void. 22
i^cTpifation'* Section 2.3. Ten or more persons, male or female, who desire to form 1
society'""^ a rcligious society, may make written application therefor to a justice 2
i8so.|gi of the peace, who may thereupon issue his warrant, directed to one of 3
R. L. 3(3, r^s- the applicants, stating the objects of the proposed society, and requiring 4
him to warn said persons to meet at a time and place appointed in the 5
warrant. The warrant shall be issued, serx'ed and executed, and the 6
meeting held in the manner and for the purposes set forth in the preced- 7
ing section; and such persons, upon complying with said section, shall 8
become a corporation under a name to be assumed at such meeting, with 9
all the powers, rights and privileges, and subject to all the duties, limita- 10
tions and restrictions, relating to religious societies. 11
PROPRIETORS OF MEETING HOUSES.
of owners of° Section 24. Pcrsous owuiug or proposing to build a house of public 1
meetinghouses, worship may Organize in the manner provided by the preceding section, 2
§§i,'2'" and shall thereupon become a corporation with the powers and subject 3
p.' s. 38,' § 27.' to the duties set forth in chapter one hundred and fifty-five and in the 4
R. L. 36, 8 24. (• 11 • ,• c
149 Mass. 135. followmg SCCtlOUS. O
Amount of SECTION 25. Such Corporation may hold so much real and personal 1
property which . ,,.; .., ■ p*..! r»
may be held, estatc, lu addition to its mectmg house, as may be necessary tor its ob- Z
of 'income" jccts, and 110 more; and the annual income thereof shall be applied to 3
1840, 62, § 3. •" 1 ■ 1 A
G. s. 30, § 28. parochial purposes. ■!
1870, 67. R. L. 36, % 25. 149 Mass. 135.
P. S. 38, § 28. 148 Mass. 400.
Filing record of SECTION 26. The clcrk of such Corporation, withiu ten davs after the 1
organization. , , . , . .1111/^1.11 o
1840, 62, § 4. meeting at which it was organized, shall hie with the state secretary a true Z
p. s.' 38,' § 29.' copy of the record of the proceedings of its organization; otherwise the 3
1897, 496, §2. • i- 1 11 U -J A
R. L. 36, § 26. organization shall be void. 4
1918, 291, § 15. 1931, 426, § 194.
repli?s''ctc' Section 27. Such corporation, at a legal meeting called for the pur- 1
R 's' lo^'sii' pose, may vote to alter, enlarge, repair, rebuild or remove its house, or to 2
G. s: so! § -m. build a new one, and mav vote the money necessarv for such purpose and 3
R. L. 36, § 27. for the purchase of the land necessary therefor; and such corporation at 4
1905, 167.
;>
its annual meeting or at any other meeting regularly called seven days at
least before the holding thereof, may grant and vote money necessary for 6
the settlement and support of ministers or public teachers of religion, 7
for sacred music, for the purchase and preservation of burial grounds, and 8
for other necessary charges. 9
Chap. 67.] p.\rishes and religious societies. 835
1 Section 28. A religious society incorporated under a special act shall J'jf""^^"'
2 have the powers set forth in the preceding section, anything contained in soi-iety incor-
.*^ . * 1 J ji !• • i- poratcd under
3 any special act or incorporation or amendment thereoi, or in section one, special act.
4 to the contrary notwithstanding.
p. S. 38, § 31. R. L. 36, 5 28.
1 Section 29. A meeting for any purpose mentioned in section twenty- Caiiing
2 seven may be called in the manner prescribed in the by-laws or votes of 1817, isg, § 4.
3 the corporation, or, upon written application by any five of its members, a. s. io! § 31!
4 by a warrant issued by a justice of the peace, directed to one of the appli- ^ l.?6, \ 29.
5 cants; or such meeting may be called by a notice by the clerk, who shall gcush^ggg
6 warn a meeting on a like application to him; and in either case the meet- Jlg'^iia^'g^^js
7 ing may be warned by notice served as provided in section twenty-two.
1 Section 30. Money voted by such corporation may be assessed on Assessment and
2 the pews in its meeting house, and the assessment may be committed to money v°oted.
3 its treasurer, who shall forthwith give notice by posting an advertise- r.'s.' 2o,^§ 32.'
4 ment on the principal outer door of the meeting house, stating the making ^ |; |°' | ^l
5 of such assessment and the date of its delivery to him ; and if any part of R- l- 36, § so.
6 the taxes so assessed remains unpaid for three months thereafter, the
7 treasurer shall forthwith collect the same by sales by public auction of
8 the pews upon which such taxes remain unpaid.
1 Section 31. The treasurer, at least three weeks before the time of f^^J'^axes''™^
2 the sale of a pew for taxes, shall post a notice of the intended sale on k^|'2o*''§3
2.
^^ 33.
3 the principal outer door of the meeting house, stating the number of '^- ^- ^f j ^f
4 the pew, if any; the name of the owner or occupant, if known; and the r'. l. 36, 1 sx.
5 amount of the tax due thereon; and if any part of said tax remains un-
6 paid at the time of sale, he shall sell the pew by public auction to the
7 highest bidder and shall execute and deliver to the purchaser a bill of
8 sale thereof. The money arising from the sale, in excess of the taxes and
9 reasonable incidental charges, shall be paid by the treasurer to the former
10 owner of the pew.
1 Section 32. An affidavit, annexed to an original notice or to a copy Affidavit of
2 thereof and recorded on the records of the corporation within six months nCtkeofsaie,
3 after the sale, shall be proof of the posting of such notice. . isivl'isg, 5 3.
R. S. 20, § 34. G. S. 30, § 34. P. S. 38, § 35. R. L. 36, § 32.
1 Section 33. Such corporation, for the purpose of building a new Rebuilding
2 house, or of altering, enlarging, repairing, rebuilding or removing a house mertingl^ouse.
3 already built, may sell the same or take down any pews therein, the r.',|.'|o?'§36.'
4 pews taken being first appraised by three or more disinterested persons p Ifg;!,!!;
5 chosen for that purpose. The pews newly erected shall be sold by the fg ^iien' 497^'
6 treasurer by public auction to the highest bidder, and bills of sale thereof io9 Mask i.
7 shall be given. The money arising from such sale shall be applied, so ~
8 far as necessary, to paying the appraised value of the pews taken down ;
9 and the deficiency, if any, shall be paid by the corporation within thirty
10 days after the sale.
1 Section 34. The preceding section shall not entitle a person to Nocompensa-
2 compensation for a pew taken down in a meeting house which is unfit whenmertTng
3 for the purposes of public worship. IZll^"^' '°'
1835,121. R. L. 36. § 34. 3 Pick. 344. 9 Cush. 508.
R. S, 20, § 38. 17 Mass. 435. 7 Pick. 138. 160 Mass. 118.
G. S. 30, § 37. 1 Pick. 102. 19 Pick. 361. 212 Mass. 198.
P. S. 38, § 37.
836
PARISHES AND RELIGIOUS SOCIETIES.
[Chap. 67.
Aasesaments
on pews.
1845, 213.
G. S. 30, § .39.
P. S. 38, § 38.
R. L. 36, § 35.
Section 35. A corporation for religious purposes may assess upon 1
the pews in a church or meeting house which it has erected or procured 2
for pubHc worship since March twenty-fifth, eighteen hundred and forty- 3
five, according to a vakiation of said pews previously agreed upon, and 4
recorded by the clerk, sums of money for the support of public worship 5
and other parochial charges, and for the repairs of the house. Such 6
assessments may be collected in the manner provided in sections thirty 7
and thirty-one. 8
Same subject.
1852, 319, § 1.
1854, 258, § 1.
G. S. 30, § 40.
P. S. 38, § 39.
R. L. 36, 5 36.
3 Alien, 369.
Section 36. Such corporation which had erected or procured such
house prior to said date may avail itself of the provisions of the preceding
section, if the consent of all the pew owners is obtained, or if two thirds
of its members present and voting at a meeting called for that purpose
so determine.
Purchase of
pews by
religious
corporation.
1854, 258, § 2.
G. S. 30, 5 41.
P. S. 38, § 40.
108 Mask' 147. shall be chosen by the pew owner, one by the corporation, and the third
Section 37. A corporation which votes to avail itself of the provi-
sions of section thirty-five shall, upon the application of a person owning
a pew in its house, within one year after said vote, purchase such pew
at the value determined by three disinterested persons, one of whom
by the two appraisers.
Pews as per-
sonal estate.
Section 38. Pews shall be personal estate.
1795, 53, 5 1.
1798, 42.
R. S. 60, § 31.
1855, 122, §§ 1,
G. S. 30, § 38.
P. S. 38, § 42,
R. L. 36. § 38.
183 Mass. 212.
212 Mass. 198.
Protestant
Episcopal
societies.
1858, 116.
G. S. 30, §
P. S. 38, §
1886, 239.
1887, 419.
1897, 241.
R. L. 36. §
39.
PROTESTANT EPISCOPAL SOCIETIES.
Section 39. In religious societies belonging to the Protestant Epis- 1
copal Church or the Reformed Episcopal Church, the rector or one of 2
the wardens may, unless otherwise provided in some by-law, preside 3
at their meetings with all the powers of a moderator; and the wardens, 4
or wardens and vestry, may exercise all the powers of a standing com- 5
mittee in accordance with the usages and discipline of said churches. 6
Unless they assess or collect a tax on the pews, such societies need not 7
choose a collector or assessors; and they may in their by-laws provide 8
that the duties of assessors shall be performed by the wardens. The 9
officers upon whom the duties of standing committee or assessors may 10
devolve shall be elected by ballot. 1 1
Methodist
Episcopal
churches.
Organization.
1847, 280, § 1,
1857, 48, § 1.
G. S. 30. § 43.
P. S. 38, § 44.
R. L. 36, § 40.
109 Mass. 165.
212 Mass. 555.
METHODIST EPISCOPAL CHURCHES.
Section 40. The trustees of any society of the Methodist Episcopal 1
Church, or of the African Methodist Episcopal Church, appointed ac- 2
cording to the discipline or usages thereof, respectively, or as such so- 3
ciety chooses, may organize and become a corporation with the powers 4
and duties prescribed by chapter one hundred and fifty-fi\e, subject, 5
however, to account to the quarterly conference of such society accord- 6
ing to the aforesaid discipline and usages. 7
Powers of SECTION 41. Sucli trustces may receive, hold and manage all the 1
trustees. i i • i • i ii j o
1847, 280, 5 2. real and personal property belonging to such society, may sell and con- Z
G.'s.'so,' §44. vey the same, and may hold in trust gifts, grants, bequests or devises 3
Chap. 67.] parishes and religious societies. 837
4 to such society for the support of pubhc worship and for other religious p. s. 38, § «.
5 purposes; but tlie annual income of such trust property, exclusive of 212 Mass. 555.
6 the meeting house, shall not exceed four thousand dollars.
1 Section 42. The first meeting of such trustees may, upon the appli- ^/'t'ru^^|^;°f<,
2 cation of three or more of them, be called by a justice of the peace, and Jf'J'I^O'j^f-
3 at such meeting the trustees may choose a secretary and other officers, p. | 3£ § 46^'
4 The provisions of this chapter relative to the warning and organization
5 of meetings of religious societies shall, so far as appropriate, apply to
6 meetings for the organization of the trustees. The secretary, before
7 entering upon the duties of his office, shall be sworn to the faithful per-
8 formance thereof, and a record of such oath shall be made in the records
9 of the trustees.
1 Section 43. An attested copy of the record of the proceedings at ™^"«iJX„^°^
2 such organization shall be filed with the state secretary, within the time ^f'|'|g°'j5^^-
3 prescribed in section twenty-six; otherwise the organization shall be void. p'.s. as,' § 47.'
1897, 4fl6. 5 3. 1918, 291, § 16.
R. L. 36, § 43. 1931, 394, § 160.
ROMAN catholic CHURCHES.
1 Section 44. The Roman Catholic archbishop or bishop of the diocese ^°J^^5*;^
2 in which a Roman Catholic church is erected or intended to be erected, churches.
3 the vicar-general of such diocese and the pastor of such church, for the 1879, los, § 1'.
4 time being, or a majority of them, may associate with themselves two r. l.36,\*4.
5 laymen, communicants of said church, and may, with such laymen, sign 2^3 Ma2:49-s.
6 a certificate in duplicate, showing the name or title by which they and 212 Mass. 555.
7 their successors shall be known as a body corporate, which certificate
8 shall be acknowledged in the same manner as conveyances of land. One
9 copy of such certificate shall be filed in the office of the state secretary,
10 and the other recorded in the registry of deeds in the county where
11 such church is erected or intended to be erected; and thereupon such
12 church shall be a body corporate by the name expressed in such certifi-
13 cate, and the persons so signing the same shall be the trustees thereof.
1 Section 45. The successor of any archbishop, bishop, vicar-general ar"chSop°*
2 or pastor shall, by virtue of his office, be for the time being a member of tJu^^^" /"^
3 such corporation in place of his predecessor; and such laymen shall hold Ji^^lg^^^'^y-
4 office respectively for one year; and when the office of any such layman r.l se, § 45.
5 becomes vacant, his successor shall be appointed in the manner provided 203 kkss^ 493.
6 for the original selection.
1 Section 46. Such corporation may receive, hold and manage all real ^°^^^^^°^
2 and personal property belonging to such church; may sell and convey Jj^^l'g^g^jlg-
3 the same ; and may hold in trust gifts, grants, bequests or devises to r'. l. ad, § 46.
4 such church for the support of public worship and for other religious 203 Mass! 493.
5 purposes; but all the property belonging to any one church or parish
6 and held by such corporation shall never exceed one hundred thousand
7 dollars exclusive of the church buildings.
incorpor-^tion of churches.
1 Section 47. Any church may be incorporated under the following incorporaUon
2 sections.
1887, 404, § 1. R. L. 36, § 47. 212 Mass. 198.
838
PARISHES AND RELIGIOUS SOCIETIES.
[Chap. 67.
Notice of
meeting for
incorporation.
1887, 404. § 2.
R. L. 36, § 48.
Section 48. A notice, signed by one or more of the members of such 1
church, stating the object, time and place of the meeting for its incor- 2
poration, and the first election of officers, shall, at least fifteen days before 3
such meeting, be posted in a conspicuous place near one of the principal 4
entrances of the usual place of meeting of said church. 5
Election of
officers.
1887, 404, § 3.
1891, 265.
1895, 105.
R. L. 36, § 49.
Section 49. At the time and place stated in said notice, the resident 1
members of such church who are twenty-one years of age or over may 2
assemble at their place of worship and by ballot elect a moderator, a 3
clerk, who shall be sworn, a treasurer, a standing committee of not less 4
than three nor more than twenty-four members or a board of trustees, 5
managers, directors, executive committee, prudential committee, wardens 6
and vestry or other officers with the powers of a standing committee, 7
and such other officers as they may deem necessary. 8
By-laws.
1887, 404, § 4.
R. L. 36, § 50.
Section 50. The church may make by-laws and may prescribe therein 1
the manner in which and the officers and agents by whom the purposes 2
of its incorporation may be effected. If no provision is made by a vote 3
or by-law of the church for calling meetings, they shall be called in such 4
manner as the standing committee may direct. 5
Filing record of
organization.
Certificate of
organization.
1887, 404. § 5.
R. L. 36, § 51.
Section .51. The standing committee or other officers shall certify 1
the organization of such church to the commissioner of corporations and 2
taxation, in such form as he shall prescribe; and he, with the state sec- 3
retary, upon payment of a fee of five dollars to the secretary, shall 4
perform the same duties and with the same legal effect as in the case of 5
corporations organized under chapter one hundred and eighty. 6
Church
members only
to be members
of corporation.
Exceptions.
1887, 404, § 6.
R. L. 36, § 52.
1911,261.
Section 52. None but members of such church shall be members of 1
such corporation, and only resident members of full age shall vote; but 2
any such corporation may, upon such conditions as it may prescribe, 3
admit any regular financial supporters of the church to associate mem- 4
bership, with a vote upon financial questions only: provided, that no 5
action of a meeting in which associate members have taken part, looking 6
to the reduction of a minister's salary or the alienation of church prop- 7
erty, shall be valid until the same has been ratified by a meeting of 8
church members only, or until sixty days have elapsed without a written 9
request of ten church members for such a meeting. 10
Officers may
convey prop-
erty to the
church.
1887, 404, § 7.
R. L. 36, § 53.
Section 53. The deacons, wardens, trustees or similar officers of a
church so incorporated which holds real or personal property under
chapter sixty-eight may, subject to the same uses and trusts as when
held by them, convey it to said church.
Religious
societies may
convey prop-
erty to the
church.
1887, 404, § 8.
R. L. 36, § 54.
212 Mass. 198.
Section 54. Any religious society connected with a church so incor-
porated may, at any meeting called for the purpose, by a three fourths
vote, authorize one or more persons in its name and behalf to convey any
real or personal property belonging to it to such church, and such prop-
erty shall thereafter be held by the church subject to the same uses and
trusts as when held by said religious society.
Chap. 68.] donations, etc., for pious and charitable uses.
839
CHAPTER 68.
DONATIONS AND CONV-EYANCES FOR PIOUS AND CHARITABLE USES.
Sect.
1. Officers of churclies made bodies ror-
porate.
2. Ministers, etc, when joined in gifts to
church shall be joined in tlie cor-
poration.
3. Trustees of religious societies and
churches.
4. Trustees may be a corporation under
§1.
5. Ministers may take in succession par-
sonage land.
6. Conveyance of church land regulated.
7. Conveyance of church land by minister.
8. Committees to settle accounts of offi-
cers.
9. Income of gifts to churches limited.
Sect.
10. Overseers of monthly meeting of Quak-
ers to be a corporation. Powers and
duties.
11. Trustees appointed by monthly meet-
ing. Powers and duties.
12. Powers of unincorporated religious
societies.
1.3. Trustees to make annual reports.
14. Probate courts may remove trustees.
15. Annual reports, certain trustees to file.
Proceedings upon failure to file.
10. Collection of funds for charitable pur-
poses on ways, etc., and their dis-
bursement, regulated. Equitable
jurisdiction of courts.
1 Section 1. The deacons, wardens or similar officers of churches or officers of
2 rehgious societies, and the trustees of the Methodist Episcopal churches, bodies corpo-
3 appointed according to the discipline and usages thereof, shall, if citi- i'7.54-5. 12, § 1
4 zens of the commonwealth, be deemed bodies corporate for the purpose r ''I; |o; 1 39.
5 of taking and holding in succession all gifts, grants, bequests and devises f^^l ^^•-.^ ^•
6 of real or personal property, made either to them and their successors, fgg® fl^^-
7 or to their respective churches, if unincorporated, or to the poor of their i| ^^^^^^-^l^-
8 churches.
6 Gush. 336.
9 Gush. ISl.
194 Mass. 280.
212 Mass. 555.
224 Mass. 474.
249 Mass. 95.
1 Section 2. \Mien the ministers, elders or vestrv of a church are Ministers, etc.,
,..,.„ , ,. •I'j.l. when joined m
2 loined in the guts, grants, bequests or devises mentioned in the pre- gifts to church
„,. . r '.liii 1 shall be joined
3 ceding section, as donees or grantees with the deacons, wardens or in the corpo-
4 trustees, such officers and their successors, with the deacons, wardens Jtm-s, 12, § 1.
5 or trustees, shall be deemed the corporation for the purposes mentioned r^I'Io; II5.
6 in said section.
G. S. 31, § 2.
p. s. 39, § 2.
R. L. 37, § 2.
12 Met. 250.
4 Gush. 281.
1 Section 3. Incorporated and unincorporated religious societies and ^™gfo''u|s°Jcie-
2 churches may appoint trustees, not exceeding five, to hold and manage ^{^^H'^.g
3 trust funds for their benefit, who shall hold their offices for three years Jf53,389,^u.
4 and until others are appointed in their stead. At or before the time of i86|. 2,^8; ^^
5 the first appointment of such trustees, the society may establish regula- issi, 78.
6 tions for their government, which shall not be subject to alteration or ' ' '
7 amendment except by consent of all the trustees then in office and by a
8 two thirds vote of the church or society interested therein. Any funds
9 held by the bodies corporate mentioned in the two preceding sections
10 may be transferred to said trustees to be held in trust in like manner by
11 them.
840
DONATIONS, ETC., FOR PIOUS AND CHARITABLE USES. [ClL\P. 68.
Trustees may SECTION 4. ChuFches or religious societies may appoint trustees, not 1
tion under § 1. excecding five, who shall with their successors be a body corporate, for 2
the purposes mentioned in section one, and shall be subject to the pro- 3
visions of this chapter applicable thereto. 4
1884
R. L. 37, § 4.
tfke'in"uo"ce!>- SECTION 5. The minister of a church or religious society, if a citizen
Mon parsonage of the Commonwealth, shall be capable of taking in succession any par-
sonage land granted to the minister and his successors, or to the use of
the ministers, or granted by words of like import, and may prosecute or
defend any action relative to such land.
R. L. 37. § 5. 7 Mass. 445. 14 Mass. 333.
2 Mass. 500. 10 Mass. 93. 15 Mass. 464.
land
1754-5, 12, § 2
178,5, 51, § 1.
R. S. 20, § 41.
G. S. 31, § 3.
P. S. 39, § 3.
Conveyance of
church land
'regulated.
1754-5, 12, § 2.
1785, 51, § 1.
R. S. 30, I 42.
G. S. 31, § 4.
1874, 177.
P. S. 39, § 4.
R. L. 37, § 6.
2 Mass. 500.
Section 6. No conveyance of the land of a church shall be effectual
to pass the same, if made by the deacons without the consent of the
church or of a committee of the church appointed for that purpose, or if
made by the wardens without the consent of the vestry, or if made by
the trustees of the Methodist Episcopal Church without the consent of
the quarterly conference.
14 Mass. 333. 224 Mass. 474.
Conveyance of
church land by
minister.
1785, 51. § 1.
R. S. 20, § 43.
G. S. 31, § 5.
P. S. 39, § 5.
R. L. 37, § 7.
Section 7. No conveyance by a minister of land held by him in 1
succession shall be valid longer than he continues to be such minister, 2
unless made with the consent of the religious society of which he is 3
minister, or unless he is the minister of an Episcopal church and makes 4
the conveyance with the consent of the vestry. 5
EtUe"iccount8 Section 8. The several churches, other than those of the Episcopal
i754*r'r2 §2 denomination, may choose committees to settle the accounts of the
1785,51, §'i. ■ deacons and other church officers, and, if necessary, to prosecute suits
G. s! 3i; § 0. ' in the name of the church against them relative to the same.
p. S. 39, § 6. R. L. 37, § 8.
Income of gifts
to churches
limited.
17.54-5, 12, § 3.
1785, 51, § 2.
R. S. 20, § 45.
G. S. 31, § 7.
Section 9. The income of the gifts, grants, bequests and devises 1
made to or for the use of any one church shall not exceed ten thousand 2
dollars a year, exclusive of the income of any parsonage land granted to 3
or for the use of the ministry. 4
p. S. 39, § 7.
R. L. 37, § 9.
1929, 94.
212 Mass. 555.
Overseers of Section 10. The overscers of each monthly meeting of the people
"""of Quakers Called Fricuds, or Quakers, shall be a body corporate for the purpose of
ing
toiwacorpo- .(.^^j^j^g g^j^j holding in succession gifts and grants of real or personal
ration. Powers
and duties.
1811, 6, § 3.
1822,92.
R. S. 20, 5 46.
G. S. 31, § 8.
P. S. 39, § 8.
R. L. 37, 5 10.
8 Gush. 430.
7 Allen, 243.
Trustees ap-
pointed by
monthly
meetinR.
Powers and
duties.
1900. 127.
R. L. 37, § 11.
property made to the use of such meeting or to the use of any prepara-
tive meeting belonging thereto; and they may manage or convey such
property according to the terms and conditions of such gifts and grants,
and may prosecute or defend any action relative to the same; but the
income thereof to any one of such meetings for the uses aforesaid shall
not exceed five thousand dollars a year.
Section 11. Such monthly meeting may appoint, in such manner
and for such time as it may determine, three members of any prepara-
tive meeting which belongs to it or forms a |)art thereof to act as a board
of trustees. Such trustees and their successors shall be a body corporate
for the purpose of taking, holding, managing or conveying any real estate
Chap. 68.] donations, etc., for piou.s and charitable uses. 841
6 which may be owned or acquired by such preparative meeting or granted
7 to the use of said meeting, and, upon their appointment, the power of
8 the overseers of such monthly meeting to receive, hold or manage any real
9 estate for the use of such preparative meeting shall cease, and they shall
10 convey to said trustees any real estate the legal title to which is vested
11 in them as the body corporate in trust for such preparative meeting to
12 be held by said trustees upon the same trusts. The trustees may manage
13 and convey any real estate held by them upon the same terms and con-
14 ditions upon which it was granted and may prosecute or defend any
15 action relative thereto, but they shall not convey it without the written
16 consent of the preparative meeting, granted as the decision of said meet-
17 ing. The income of real estate so held by them in trust and the income
18 of any gifts of personal estate which may be held by overseers for the
19 same preparative meeting under the preceding section shall not, in all,
20 exceed five thousand dollars a year.
1 Section 12. Unincorporated religious societies shall have like power Powers ot
2 as incorporated societies to manage, use and employ, according to its reTigiSIf sodl-
3 terms and conditions, any gift or grant made to them; they may elect I'lii.e, §3.
4 trustees, agents or other officers therefor, and may sue for any right jf^|'2o,^'§25;
5 which may vest in them in consequence of such gift or grant; for which p 1 1^' 1^*-
6 purposes they shall be corporations.
R. L. 37, § 12. 8 Met. 1.13. 6 Allen, 140. 167 Mass. 201.
5 Met. 155. 16 Gray, 329. 109 Mass. 163. 191 Mass. 196.
1 Section 13. All trustees, whether incorporated or not, who hold ^/X'a'^nnuai
2 funds given or bequeathed to a town for a charitable, religious or educa- Y^^p^^^
3 tional purpose shall make an annual exhibit of the condition thereof to o. s.' 3i, § 9.
4 the aldermen of the city, or to the selectmen of the town to which such r. l. 37, § 13.
5 funds have been given or bequeathed ; and the records of all transactions
6 by the trustees relative to such funds shall be open to inspection by the
7 board to which such exhibit is to be made.
1 Section 14. The probate court for the county where a town is Probate courts
2 situated, to which funds have been so given or bequeathed, may, upon "rS^tels""^^
3 the petition of five persons, cite all parties interested to appear before g*°I.' 3?.^'§ \o.'
4 it to answer all complaints which may then and there be made; and if ^ |; ^^^ y^^
5 a trustee neglects or refuses to render such annual exhibit, or is incapable
6 of discharging the trust reposed in him, or unsuitable to manage the
7 affairs of the same, the court may remove him and fill the vacancy.
1 Section 15. Every trustee, incorporated or unincorporated, except ^"r^'-nVrtS?''^*
2 a charitable corporation subject to section twelve or twelve A of chapter to file. Pro-
3 one hundred and eighty or expressly exempted in said section twelve A failure to file.
4 from the provisions thereof, who holds in trust w'ithin the commonwealth 1931,' 42. '
5 property given, devised or bequeathed for benevolent, charitable, hu-
6 mane or philanthropic purposes and administers, or is under a duty to
7 administer, the same in whole or in part for said purposes within the
8 commonwealth shall annually, on or before November first, make to
9 the department of public welfare a written report for the last preceding
10 financial year of such trust, showing the property so held and adminis-
11 tered, the receipts and expenditures in connection therewith, the whole
12 number and the average number of beneficiaries thereof, and such other
13 information as the department requires; provided, that if any such
842
DONATIONS, ETC., FOR PIOUS AND CHARITABLE USES. [ChAP. 68.
trustee is required by law to file an account with the probate court, said 14
department shall accept a copy thereof in lieu of the report hereinbefore 15
required. Failure for two successive years to file such a report shall con- 16
stitute a breach of trust within the meaning of section eight of chapter 17
twelve and shall be reported by said department to the attorney general, 18
who shall take such action as may be appropriate to compel compliance 19
with this section. 20
Collection of
funds for
charitable pur-
poses on ways,
etc., and their
disbursement,
regulated.
Equitable
jurisdiction of
courts.
1931. 260.
Section 16. Every person, association or corporation, domestic or 1
foreign, soliciting or collecting by agents or solicitors, upon ways or in 2
any other public places within the commonwealth to which the public 3
have a right of access, contributions of money for charitable purposes or 4
represented to be for such purposes, or receiving any money so collected, 5
shall keep a full and true record of the names and addresses of all such 6
solicitors and collectors and of the amounts so collected by each, and 7
also such a record of all expenditures and disbursements of said money, 8
and the names and addresses of all persons to whom expended or dis- 9
bursed. Said records shall include money received from any other 10
source and expended for the purposes of such solicitation or collection. 11
All records required hereunder shall be open to inspection at all times 12
by the attorney general, and upon demand shall be presented to him for 13
inspection. Upon an information in equity brought by the attorney 14
general the supreme judicial or superior court may enforce the pro- 15
visions of this section and may restrain the soliciting of contributions 16
by or on behalf of a person, association or corporation violating its 17
provisions. 18
Chap. 69.] powers, etc., of dep.^rtment of education.
843
TITLE XII.
EDUCATION.
Chapter 69. Powers and Duties of the Department of Education.
Chapter 70. School Funds and Otlier State Aid for Public Schools.
Chapter 71. Pubhc Schools.
Chapter 72. School Registers and Returns.
Chapter 73. State Normal Schools.
Chapter 74. Vocational Education.
Chapter 75. Massachusetts State College.
Chapter 76. School Attendance.
Chapter 77. School Offenders and County Training Schools.
Chapter 78. Libraries.
CHAPTER 69.
POWERS AND DUTIES OF THE DEPARTMENT OF EDUCATION.
Sect.
general provisions.
1. Commissioner of education, duties.
2. Statement of amounts spent for voca-
tional schools. Annual report.
3. Educational trusts.
4. Statistics as to certain institutions.
5. Certification of high school teachers.
6. Applications for teachers' positions.
Assistance to applicants.
7. University extension and correspond-
ence courses.
8. Use of school buildings, etc., therefor.
9. Education in use of English, etc.
10. Partial reimbursement by common-
wealth of towns providing such in-
struction.
DIVISION or immigration and American-
ization.
11. Education and protection of aliens.
DIVISION OF the blind.
12. Duties of advisory board.
13. Bureau of information and industrial
aid.
Sect.
14. Schools and workshops.
15. Support of workmen, etc., at work-
shops, etc.
16. Sight-saving classes for children.
17. Director's duties.
18. .Same subject. Rules, etc.
19. Register of the blind. Reports to de-
partment of public welfare, etc.
20. Duties as to persons with defective eye-
sight. Preventive measures.
21. Tools and instruction for the blind, etc.
22. Pupils from other states.
23. Helping blind by lending books, etc.
24. Advances to director.
25. Articles produced by the blind to be
used in public institutions.
instruction in schools for the de.\f
and blind.
26. Certain deaf and blind persons, edu-
cation and maintenance at certain
schools regulated.
27. Supervision by department.
28. Special day classes for deaf pupils in
public schools of certain towns.
GENER.\L PROVISIONS.
1 Section 1. The commissioner of education shall have supervision Commissioner
2 of all educational work supported in whole or in part by the common- dLtie"™*'""'
3 wealth. He shall collect and distribute information as to the condition \til; Itl'. § f.
4 and efBciency of the public schools and other means of popular education }|:^j; ^gj ^ j
844
POWERS, ETC., OF DEPARTMENT OF EDUCATION. [Ch.\P. 69.
1849,
215,
§1.
1858,
61.
G. S.
34,
§§4-
6.
P. S.
41,
5§5,
6.
R. L.
39,
§§2,
7,8.
1904,
234,
H.
1909,
4.57,
§3.
1910,
282.
1911,
466.
1912,
80.
1913,
421.
1918,
257,
§ 16S
1919,
''S; 350.
§§ 56-58.
1920,
,2.
lOp
. A. G.
228,
233.
and the best methods of instruction; shall suggest improvements in the 5
present system of public schools to the general court ; shall visit as often 6
as practicable different parts of the commonwealth for the purpose of 7
arousing and guiding public sentiment in relation to the practical inter- 8
ests of education; shall collect in his office such school books, apparatus, 9
maps and charts as may be desirable; shall receive and arrange in his 10
office the reports and returns of the school committees; and shall receive, 1 1
preserve or distribute the state documents relative to the public school 12
system. He shall give sufficient notice of and attend such meetings, 13
conferences and conventions of teachers of public schools as may be 14
held under his direction, and meetings of members of school committees 15
and of friends of education generally, and shall collect information rela- IG
tive to the condition of the public schools, the performance of their duties 17
by school committees, and the condition of the towns in regard to teachers, 18
pupils, books, apparatus and methods of education. 19
Statement of
amounts spent
for vocational
schools.
Annual report.
1837, 241, § 3.
G. S. 34, § 3.
P. S. 41,
1898, 496,
R. L. 39,
1904, 234,
1906, 385, § 7;
505, § 5.
1909, 457, § 4.
1911, 471,
§§2, 10, 11.
1915, 294, § 5.
1918, 266, § 4.
1919, 292, § 17;
350, § 56.
!3.
§ 13.
§6.
1.
Section 2. On or before the first Wednesday of January of each 1
year the commissioner shall present to the general court a statement of 2
amounts expended previous to September first preceding by counties, 3
cities and towns for maintenance of approved county, local or district 4
independent vocational schools, or in payment of claims for tuition 5
therein, for which such counties, cities and towns should be reimbursed 6
under chapter seventy-four. He shall make an annual report contain- 7
ing a printed abstract of the returns of school committees imder chapter 8
seventy-two and of the schools in charge of the department, and a dc- 9
tailed report of the doings of the department, together with a detailed 10
report of all receipts and expenditures, with observations upon the con- 1 1
dition and efficiency of the system of public education and suggestions 12
in regard to the most practicable means of improving and extending it. 13
The records of the doings of the department shall be open to public 14
inspection. 15
Educational
trusts.
1850, 88.
G. S. 34, § 2.
P. S. 41, § 2.
R. L. 39. § 5.
1919, 350,
§§56-58.
1923, 301, § 3.
Section 3. The department of education, in this chapter called the 1
department, may receive, in trust for the commonwealth, any grant or 2
devise of land or any gift or bequest of personal property for educational 3
purposes, and shall forthwith transfer any money or securities so re- 4
ceived to the state treasurer, who shall administer the same as provided 5
in section sixteen of chapter ten. 6
Statistics as to
certain institu-
tions.
1867, 123,
M 1, 2.
P. S. 41,
§§ 13, 14.
R. L. 39,
§§ 17. 18.
1919, 3.50,
§8 56-58.
1931, 426, ■
§ 195.
U. S. Rev. Sts.
§516.
Section 4. It shall prepare, with due reference to the requirements 1
of the federal bureau of education, and annually, on or before May tenth, 2
send to every literary, scientific or professional institution of learning in 3
the commonwealth, and every training school or infirmary, blank forms 4
of inquiry for such statistics as it may prescribe, relative to the number 5
of pupils and instructors, courses of study, cost of tuition and the general 6
condition of the institution or school. The trustees, officers or persons in 7
charge thereof shall annually, on or before June first, return the same 8
with the information required. 9
Certification
of high school
teachers.
1911, 375,
§§ 1,2.
1919, 350,
§§ 56-58.
Section 5. Subject to such conditions as it may prescribe, the de- 1
partment shall grant certificates to candidates found qualified by exam- 2
ination or otherwise to tcacli in high schools aided by the commonwealth, 3
as provided in sections five and fifteen of chapter seventy-one. 4
Chap. G9.] powers, etc., of department of education. 845
1 Section 6. The department shall receive applications for the posi- Applications
2 tion of teacher from graduates of good moral character of any high or '"aJt^J,^""'
3 normal school in this commonwealth, or of any other school deemed by Assistance to
4 the department to be of equal grade, or of any reputable college. Such an S'.lgg"'
5 application shall contain the applicant's name and address, and, briefly, i9il: 731: § 1.
6 his experience and qualifications. The department, without charge, {pg; Inf; fg^-
7 shall communicate with the various school committees and with the ap- llUbUs^'^^'
8 plicants themselves with a view to securing such positions.
1 Section 7. The department may co-operate with existing institu- university
2 tions of learning in the establishment and conduct of university exten- corres'ponde^e
3 sion and correspondence courses; may supervise the administration of 59"3'"'|g4
4 all such courses supported in whole or in part by the commonwealth; H^.'e.
5 and also, where deemed advisable, may establish and conduct such §§'5(5-58.'
6 courses for the benefit of residents of the commonwealth and, provided 1931; aoa
7 that the fees charged exceed the cost of service, may enroll in correspond-
8 ence courses such non-residents as are approved by the department.
9 The department may offer correspondence courses, free of charge, to
10 inmates of county and state hospitals and sanatoria, state correctional
11 institutions, the state infirmary, and federal hospitals situated within the
12 commonwealth. It may, in accordance with rules and regulations es-
13 tablished by it, grant to students satisfactorily completing such courses
14 suitable certificates.
1 Section 8. For the purposes of such courses, the department may, use of school
2 with the consent of the school committee or other proper officials and thi'efSf ' ''°"
3 subject to niles and regulations by them prescribed, use the school or \l\l- f^-^ ^ ^■
4 other public buildings and grounds of a town, but without interference 5§ ss-ss.'
5 or inconsistency with their customary uses; also the normal school
6 buildings and grounds, and, with the consent of the officers in charge,
7 other school buildings owned or controlled by the commonwealth. It
8 may also arrange for the use of such other buildings, grounds and facilities,
9 paying such rent therefor, as the conduct of such courses may require.
1 Section 9. The department, with the co-operation of any town ap- Education in
2 plying therefor, may provide for such instruction in the use of English for "tc."' English,
3 adults unable to speak, read or write the same, and in the fundamental |5'i':3^.'|5o
4 principles of government and other subjects adapted to fit for American ^§ s^-ss-
5 citizenship, as shall jointly be approved by the local school committee (I9i9) 102.
6 and the department. Schools and classes established therefor may be
7 held in public school buildings, in industrial establishments or in such
8 other places as may be approved in like manner. Teachers and super-
9 visors employed therein by a town shall be chosen and their compensation
10 fixed by the school committee, subject to the approval of the department.
1 Section 10. At the expiration of each school year, .and on approval b^JsenJm'b"
2 by the department, the commonwealth shall pay to every town provid- cOTrm"onwcai^h
3 ing such instruction in conjunction with the department, one half the yid*i^g"u?h°"
4 amount expended for supervision and instruction by such town for said mgrMs"? 2:
5 year. ^so, §5 se-ss!
1921, 484.
846
POW'ERS, ETC., OF DEPARTMENT OF EDUCATION. [ChAP. 69.
DIVISION OF IMMIGRATION AND AMERICANIZATION.
Education and SECTION 11. The director of the division of immigration and Ameri-
profection ,, 'ii ipii* i
of a''™|- canization with the approval of the advisory board thereof shall employ
1919! 35o', § 59. such methods, consistent with law, as in its judgment, will tend to bring
into sympathetic and mutually helpful relations the commonwealth and
its residents of foreign origin, protect immigrants from exploitation and
abuse, stimulate their acquisition and mastery of English, develop their
understanding of American government, institutions and ideals, and
generally promote their assimilation and naturalization. For the above
purposes, the division may co-operate with other officers and departments
of the commonwealth and with all public agencies, federal, state or
municipal. It may investigate the exploitation or abuse of immigrants 11
and in making any investigation may require the attendance and testi- 12
mony of witnesses and the production of books and documents relating 13
to the matter under investigation. 14
1
2
3
4
5
6
7
8
9
10
Duties of
advisory
board.
1906, 385, § 7.
1918, 266, '
DIVISION OF THE BLIND.
Section 12. The advisory board of the division of the blind shall 1
act in an advisory capacity with respect to the administration and exe- 2
4. cution by the director of the laws relating to the blind. 3
1919, 350, § 59.
1925, 286, § 3.
information SECTION 13. The director shall establish a bureau of information and 1
and industrial industrial aid, the object of which shall be to aid the blind in finding 2
1906, 385, § 3. employment and to develop home industries for them. 3
1919, 350, § 59. 1925, 286, § 4.
Kwksho^s'* Section 14. The director shall, with the approval of the governor 1
1906, 385, 1 4. and council, establish, equip and maintain schools for the industrial 2
1919] 35o] § 59. training of blind persons, and workshops for their training and employ- 3
1925,' 286,' § 5. mCUt. 4
Support of
workmen,
etc., at
workshops,
etc.
1906, 385,
§§ 5, 6.
1919, 350, § 59.
1920, 201.
1925, 286, § 6.
Section 15. The director may provide or pay for temporary lodgings 1
and temporary support for workmen or pupils received at any industrial 2
school or workshop and may contribute to the support of pupils from the 3
commonwealth receiving instruction in institutions outside thereof. The 4
director, with the advice of the advisory board, may subsidize the earn- 5
ings of blind employees in any such school or workshop. 6
Sight-saving
classes for
children.
1919, 229;
350, § 69.
1925, 286, § 7.
Section 16. Under the direction of the director, there may be ex- 1
pended annually such sums as the general court may appropriate to 2
provide sight-saving classes for children certified by any reputable ocu- 3
list as fit subjects for instruction therein. With the approval of the 4
director, local school committees may organize and conduct such classes. 5
Director's
duties.
19 IS, 266, 5 3.
1919, 350, § 59.
Section 17. The director shall be the executive head of the division, 1
and all bills by it contracted shall he subject to his approval. He may 2
act as the representative of the blind in all proceedings before any de- 3
partmeiit, lioard or commission of the commonwealth or of any county, 4
city or town therein. • 5
Chap. G9.] powers, etc., of department of education. 847
1 Section 18. The director shall administer the laws relative to the Same subject.
2 blind and shall prepa
3 tion by the division.
2 blind and shall prepare rules and regulations for consideration and adop- loilfm' § 3.
1919, 350, § 59.
1 Section 19. He shall maintain a register of the blind in the common- Register of
2 wealth, which shall describe their condition, cause of blindness and Report" to
3 capacity for education and industrial training. The mayor of each city pubUc wefflrf,
4 and the selectmen of each town shall aid him by furnishing, upon his fg'Jjg ggg^ ^ ^
5 request, the names and addresses of all known blind persons residing J9J6' leo, § i.
6 within their respective cities and towns. The department of public "f^li^^-g; ^^'
7 welfare and boards of public welfare shall aid the director by reporting 1924,453', §2.
8 whenever outdoor or indoor aid is granted to families in which there is a j'iu.
9 blind member, and the director shall report in turn to the said depart-
10 ment and the said board any activity on his part in relation to blind
11 persons who or whose families are known to be receiving or to have
12 received public outdoor or indoor aid.
1 Section 20. He may also register cases of persons whose eyesight is Duties as to
2 seriously defective or who are likely to become visually handicapped or defective'
3 blind, and take such measures, in co-operation with other authorities, p'ret'lnt^ve
4 as he may deem advisable for the prevention of blindness or conserva- ^IgTe.^ieo, § 2.
5 tion of eyesight, and, in appropriate cases, for the education of children {^Jf ^||' ^^•
6 and for the vocational guidance of adults having seriously defective § i96.
7 sight.
1 Section 21. The director may provide for the instruction of the Tools and in-
2 adult blind at their homes and may furnish materials and tools to any the bUnd,
3 blind person, and may assist such blind persons as are engaged in home 1902, 297.
4 industries in marketing their products. He may pay suitable wages to §§°|,'4^*^'
5 the employees of schools and workshops established under section four- jj^^""''
6 teen and may devise means for the sale and distribution of the products ^^J^'.^l'
7 of such schools and workshops.
1919, 15.
1 Section 22. He may receive in schools established by the divi- ^^r^statS.
2 sion pupils from other states upon the payment of such fees as it may jsoe. 385, § s.
3 determine.
1 Section 23. The director may ameliorate the condition of the blind ^;&m''^''"*
2 by devising means to facilitate the circulation of books, by promoting igSe'^g'," 5 g
3 visits among the aged or helpless blind in their homes, by aiding indi- igis! 26'6'. § 3.
4 vidual blind persons with money or other assistance, or by any other
5 method he may deem expedient; provided, that he shall not undertake
6 the permanent support 01; maintenance of any blind person.
1 Section 24. There may be advanced annually to the director from Advances to
2 the state treasury, from the amount appropriated for the maintenance 1907, 173.
3 of the industries established by the director, such sum approved by the {gJI; 3I0; % 59.
4 governor and council as may be necessary to be used as a working capital i^^^' ^*®- ^ *•
5 for said industries. Said sum when drawn from the treasury shall be
6 deposited in a national bank or trust company to the credit of the director,
7 who shall give a bond in such sum and with such sureties as the governor
8 and council may approve.
848
POWERS, ETC., OF DEPARTMENT OF EDUCATION. [ChaP. 69.
Articles pro- SECTION 25. The statc purchasing agent, such officers in charge of
bhnd to be uVd State institutious as may be authorized by him to make purchases and
in public insti- ^^ppj,g jjj (>harge of other pubHc institutions shall purchase articles or
tutions.
1918, 141.
1919. 350,
|§ 19, 56, 59.
1921, 486, § 17.
1923, 362, § 58.
supplies, other than products of prison labor, from the division of the
blind; provided, that the division has the same for sale and that they
were produced by persons under the supervision of the division or in indus-
trial schools or workshops under its supervision.
5 4.
16.
Certain deaf
and blind
persons, edu-
cation and
maintenance
at certain
schools regu-
lated.
1867, 311,
1868, 200,
1869, 333
1871, 300,
P. S. 41, '
1885, 118.
1886, 241.
1887, 179.
1888, 239.
1889, 226.
R. L. 39,
S5 19, 21.
1918, 257,
§171.
1919, 5; 350,
§5 .56-58.
1920, 2.
1929, 268.
2 Op. A. G.
100.
INSTRUCTION IN SCHOOLS FOR THE DEAF AND BLIND.
Section 26. The department may, upon the request of the parents
1
2
3
4
5
6
7
8
9
10
or guardians and with the approval of the governor, send such deaf and
such blind persons as it considers proper subjects for education, for a
term not exceeding ten years, to the American School, at Hartford, for
the Deaf, in the state of Connecticut, to the Clarke School for the Deaf
at Northampton, to the Horace Mann School at Boston, to any other
school for the deaf in the commonwealth, as the parents or guardians
may prefer, or to the Perkins Institution and Massachusetts School for
the Blind, as the case may be, and, upon like request and with like ap-
proval, it may continue for a longer term the instruction of meritorious
pupils recommended by the principal or other chief officer of the school 1 1
which they attend. With the approval of the governor the department 12
may, at the expense of the commonwealth, make such provision for the 13
care and education of children who are both deaf and blind as it may deem 14
expedient. No such pupil shall be withdrawn from such institutions or 15
schools except with the consent of the authorities thereof or of the de- 16
partment; and the expenses of the instruction and support of such pupils 17
therein, actually rendered or furnished, including their necessary travel- 18
ing expenses, whether daily or otherwise, but not exceeding ordinary 19
and reasonable compensation therefor, shall be paid by the common- 20
wealth ; but the parents or guardians of such children, who are able wholly 21
or in part to provide for their support and care, to the extent of their 22
ability may be required by the department to reimburse the common- 23
wealth therefor. 24
Supervision by
department,
1867, 311. S 3.
P. S. 41, § 17.
1885, 118.
R. L. 39,
5§20, 21.
Special day
classes for
deaf pupils in
public schools
of certain
towns.
1923, 361.
Section 27. The department shall direct and supervise the educa-
tion of all such pupils, and the commissioner shall state in his annual
report their number, the cost of their instruction and support, the
manner in which the money appropriated by the commonwealth therefor
has been expended, to what extent reimbursed, and such other informa-
tion as he deems important.
Section 28. The department may, in co-operation ^yith the school
committee, establish in not more than six towns, each having ten or more
deaf pupils resident therein or in towns accessible thereto, special day
classes for such deaf pupils. Such classes, when established, .shall be
conducted by the school committee, subject to the approval of the depart-
ment. In connection with said classes, there shall be jirovided instruction
in lip-reading. The town shall be reimbursed by the commonwealth for
the reasonable cost of maintenance of such classes, including the neces-
sary traveling expenses of the pupils.
1
2
3
4
5
6
1
2
3
4
5
6
7
8
9
Ch.\p. 70.1
STATE AID FOR PUBLIC SCHOOLS.
849
CHAPTER 70.
SCHOOL FUNDS AND OTHER STATE AID FOR PUBLIC
SCHOOLS.
Sect.
4.
5.
6.
7.
Part I.
STATE AID FROM INCOME TAX.
Reimbursement from income tax to
towns for certain school salaries.
Reimbursement based on full time
service of teachers, etc.
Reimbursement based on less than
full time service.
Supplementary reimbursement.
Net average membership defined.
No reimbursement on account of sal-
aries of teachers in state aided vo-
cational schools, etc.
Returns by superintendents.
Sect.
Part II.
SCHOOL FUNDS.
8. Massachusetts School Fund.
9. Commissioners of fund.
10. Time of payment of income.
11. Definitions.
12. Distribution of portion of fund to cer-
tain towns regulated.
13. Same subject.
14. Same subject.
14A. Same subject.
15. Distribution of balance of fund.
16. Returns by superintendents.
17. Payment conditioned on compliance
with school laws.
18. Todd Fund.
Part I.
ST.\TE AID FROM INCOME TAX.
1 Section 1. The state treasurer shall annually, on or before Novem-
2 ber twentieth, pay to the several towns from the proceeds of the tax on
3 incomes, which shall be available therefor without appropriation, the
4 sums required for the purposes of Part I of this chapter, as part reim-
5 bursement for salaries paid to teachers, supervisors, principals, assist-
6 ant superintendents and superintendents for services in the public daj'
7 schools rendered during the year ending the preceding June thirtieth.
Reimbursement
from income
tax to towns
for certain
school salaries.
1919, .363,
§§ 1,2.
1923, 145, § 1.
237 Mass. 493.
Op. A. G.
(1920) 168.
1921, 420, § 1.
1 Section 2. For each such person employed for full time service for Reimbursement
2 the entire school year, such reimbursement shall be as follows: time'ie°rv/c"e"of
3 (1) Two hundred dollars for every person so employed who received l^ig'^'sesfrs.
4 as salary not less than nine hundred and fifty dollars and who is a gradu-
5 ate of an approved normal school or college and' had taught on full time
6 at least two years previous to said year or whose preparation and teach-
7 ing experience are accepted as equivalent.
8 (2) One hundred and fifty dollars for every person so employed not
9 included in paragraph (1) who received as salary not less than eight
10 hundred and fifty dollars and (a) has satisfactorily completed one year
11 of professional training in an approved normal school or teachers' train-
12 ing school, and had taught on full time at least three years previous to
13 said year; or (b) is a graduate of an approved normal school or college,
14 and had taught on full time for at least one year previous to said year;
15 or (c) whose preparation and teaching experience are accepted as equiva-
16 lent.
17 (3) One hundred dollars for every person so employed and not in-
18 eluded in paragraphs (1) or (2) who received as salary not less than seven
19 hundred and fifty dollars.
850
STATE AID FOR PUBLIC SCHOOLS.
[Chap. 70.
Reimbursement
based on less
than full time
gerWce.
1919, 363, § 4.
Section 3. For every such person employed for less than full time 1
service for the school year, but otherwise described in the preceding sec- 2
tion and receiving a proportionate salary, said reimbursement shall in .3
each case be in such proportion to the reimbursement provided for in 4
said section as his service bears to full time service. No to'WTi in a super- 5
intendency union shall receive under this chapter reimbursement for the 6
part time employment of a superintendent if entitled to reimbursement 7
therefor under section sixty-five of chapter seventy-one. 8
Section 4. Every town in which the proportionate amount paid
1
2
3
4
5
6
7
8
9
10
Supplementary
reimbursement. . . i „ 11*1111
•iqn' 420' 1 2 ^y ^'^•'^^ town of every million dollars of state tax as established by the
1926! 333; § 1'. last preceding valuation made for the purpose of apportioning such tax,
when divided by the net average membership of its public day schools
as defined in section five for the year ending on the next preceding June
thirtieth, yields a quotient less than ninety-five cents shall, for each
person for whom it received reimbursement under section two, receive
supplementary reimbursement as follows:
(1) Two hundred and fifty dollars if said quotient is less than sixty
cents.
(2) Two hundred dollars if said quotient is less than sixty-five cents 11
but not less than sixty cents. 12
(3) One hundred and fifty dollars if said quotient is less than seventy 13
cents but not less than sixty-five cents. 14
(4) One hundred and twenty-five dollars if said quotient is less than 15
eighty cents but not less than seventy cents. 16
(.5) One hundred dollars if said quotient is less than eighty-five cents 17
but not less than eighty cents. 18
(6) Fifty dollars if said quotient is less than ninety-five cents but not 19
less than eighty-five cents. 20
For each person for whom any such town received proportionate re- 21
imbursement under section three it shall in each case receive as supple- 22
mentary reimbursement the same proportion of the sums named herein 23
for full time service. No town shall receive under this section in any one 24
year more than fifteen thousand dollars. 25
Net average
membership
defined.
1919, 363, § (
Section 5. For the purposes of section four the net average mem- 1
bership of the public day schools of a town for any school year shall be 2
the average membership for such year as shown by the school registers, 3
increased by the number of pupils resident therein whose tuition in the 4
public schools of another town, for not less than half such year, the town 5
has paid, decreased by the number of non-resident pupils attending its 6
schools for not less than half such year. 7
No reimburse-
ment on ac-
count of
salaries of
teachers in
state aided
vocational
schools, etc.
1919. 363, § 7.
1922, 190.
Section '6. No town shall be entitled to reimbursement under 1
Part I of this chapter on account of salaries paid to teachers whose t>m- 2
ployment in state aided vocational schools or departments, continu- 3
ation schools or Americanization classes entitle the town to state rcim- 4
bursement. For every teacher in a practice school connected with a 5
state normal school, a part of whose salary is paid or reimbursed by the 6
commonwealth, the town's reimbursement under this chapter shall be 7
based on that part of the salary paid by the town, but shall otherwise be 8
in accordance with this chapter. 9
Chap. 70.] school funds. 851
1 Section 7. Every superintendent of schools shall file with the com- Returns by
2 missioner of education, not later than July twenty-fifth in each year, a tendents.
3 sworn statement, upon blanks prepared by the said commissioner, con- \lll[ HI] | fl
4 taining the data necessary to determine the amounts payable under Ig^f 222' 1 1"
5 Part I of this chapter. The said commissioner shall, not later than July
6 twenty-seventh, prepare and transmit to the commissioner of corpora-
7 tions and taxation a list containing an estimate based on the information
8 then in his possession of the amount payable under said Part I to each
9 town for the current year. The commissioner of education shall cause
10 such statements to be examined, and shall certify to the commissioner
11 of corporations and taxation and to the comptroller the amount due
12 each town.
Part II.
SCHOOL FUNDS.
1 Section 8. The present school fund of the commonwealth, with Massachusetts
2 future additions, and all funds received by the commonwealth from the i834°i69!''§'i.
3 federal government, the disposition of which is not otherwise provided {^jf \^^^ ^^■
4 for, shall constitute a permanent fund, to be called the "Massachusetts p | ||-|i*-
5 School Fund". The principal thereof shall not be diminished, and the i89o, 335 §1.
6 income shall be disbursed as hereinafter provided.
1 Section 9. The commissioner of education and the state treasurer commissioners
2 shall be commissioners to invest and manage the fund, and shall make ?834°?69, § 2.
3 an annual report of the condition and income thereof. All invest- § | jg' | {*■
4 ments shall be made with the approval of the governor and council. 1^66, 53.
p. 8.43, §2. 1890, 335, §2. R. L. 41, § 3. 1919, 350, §§ 56-58.
1 Section 10. The accrued income of said fund on December thirty- Timeot
2 first annually shall be apportioned by the commissioners thereof, as mcome"' °
3 provided in Part II of this chapter and paid to the towns entitled on f§f6,^67.
4 the following March tenth.
1846, 223. § 5. 1867, 98. R. L. 41, § 5. 1918, 186, § 2.
1849, 117. §§ 2, 3. P. 8.43, 5 4. 1903, 456, § 2. 1919, 363, §§ 9, 16.
G. S. 36, § 3.
1 Section 11. For the purposes of Part II of this chapter, the follow- Definitions.
2 ing word and phrase shall be defined as follows: — 1921! 420! §3.'
3 "Valuation" shall mean the town's valuation, as determined by the 1926', 333! 52!
4 last preceding valuation made for the purpose of apportioning the state
5 tax.
6 "Assured minimum" shall mean the amount by which the sum of the
7 following items for the last preceding town fiscal year exceeded the
8 amount received by the town during said year under Part I and for the
9 tuition of non-resident pupils, including state wards:
10 (1) Salaries paid to full time principals and teachers, not including
1 1 any amounts by which any such salary was at a rate in excess of eleven
12 hundred dollars.
13 (2) Two hundred and fifty dollars for each teaching position held by
14 a full time principal or teacher.
15 (3) Expenditures for transportation of pupils to the local schools.
16 (4) Expenditures for the tuition in, and transportation to, public
17 elementary schools in adjoining towns.
18 (5) In the case of towns having over five hundred families and ex-
19 empted from the requirement of maintaining a four year high school,
852
SCHOOL FUNDS.
[Chap. 70.
the actual expenditures made during that year for tuition in high schools 20
in other towns. _ 21
In computing the "assured minimum", expenditures for state-aided 22
vocational or continuation schools or Americanization classes shall not 23
be included. 24
Distribution
of portion of
fund to cer-
tain towns
regulated.
1926, 333, § 2.
Section 12. A town in which the proportionate amount paid by such
town of every thousand dollars of state tax as established by the last
preceding valuation made for the purpose of apportioning such tax is
eight cents or less shall receive one half of its assured minimum if said
minimum exceeds the sum that would have accrued therein from a tax
of ten dollars per thousand dollars valuation. If said minimum is less
than the proceeds of such a tax, but more than would have been the
proceeds of a tax of five dollars per thousand, the town shall receive the
amount by which said minimum exceeds the proceeds of such a five
dollar tax.
1
2
3
4
5
6
7
8
9
10
Same subject.
1926, 333, § 2.
Section 13. A town in which the proportionate amount paid by such
town of every thousand dollars of state tax as established by the last
preceding valuation made for the purpose of apportioning such tax is
more than eight cents but not more than sixteen cents shall be allotted
one third of its assured minimum if said minimum exceeds the sum
that would have accrued therein from a tax of se\en and one half dollars
per thousand dollars valuation. If said minimum is less than the pro-
ceeds of such a tax, but more than would have been the proceeds of a
tax of five dollars per thousand, the town shall be allotted the amount
by which said minimum exceeds the proceeds of such a five dollar tax.
Said allotments shall be paid in full if their sum does not exceed the 11
amount available after making the payments provided for by the pre- 12
ceding section, otherwise they shall be proportionally reduced and paid. 13
9
10
Same subject.
1924, 455, I 1.
1926, 333, § 2.
Same subject.
1920, 333, § 3.
Section 14. A town in which the proportionate amount paid by such
town of every thousand dollars of state tax as established by the last
preceding valuation made for the purpose of apportioning such tax is
more than sixteen cents but not more than forty cents shall be allotted
one half the amount by which its assured minimum exceeds the amount
that would have accrued therein from a tax of five dollars per thousand
dollars valuation. If the total allotments under this and the following
section exceed the amount available after the distribution provided for
by the two preceding sections, the state treasurer sliall add to said
amount, from the proceeds of the income tax, without ap]jropriation,
the amount required, but not exceeding two hundred and fifty thousand 1 1
dollars in any one year. If said addition does not permit the payment in 12
full of all allotments under this section, they shall be proportionaUy 13
reduced and paid. I'l
1
2
3
4
5
6
7
8
9
10
Section 14A. Every town in which the proportionate amount paid
by such town of every thousand dollars of state tax as established by the
last preceding valuation made for tlic purpose of apportioning such tax
is more than forty cents but not more than fifty cents shall be allotted
one half tlie amount by which its assured minimum exceeds the amount
that would have accrued therein from a tax of five dollars per thousand
dollars valuation, provided its valuation as established for the purpose
1
2
3
4
5
6
7
Chap. 70.] school funds. 853
8 of apportioning the state tax, when divided by the net average member-
9 ship of its public day schools, as defined in section five, for the year
10 ending on the next preceding June thirtieth, yields a quotient wliich
11 does not exceed seventy-five per cent of the quotient so obtained for the
12 commonwealth as a whole, and provided its expenditures per one tliou-
13 sand dollars of valuation for support of public day schools from funds
14 raised by local taxation for its last preceding fiscal year exceeds by at
15 least twenty-five per cent the average of such expenditures for the cora-
16 monwealth as a whole for the same year.
17 Allotments under this section shall be paid out of the total amount
IS available for such purposes under the second sentence of section fourteen
19 after payment in full of all allotments due and payable under section
20 fourteen. If the balance of such total amount remaining after such
21 payment of allotments under section fourteen does not permit the pay-
22 ment in full of allotments under this section, they shall be proportion-
23 ateiy reduced and paid.
1 Section 15. If in any year there is a balance from the income of said ^'bajancl""
2 fund after the distribution provided for by the four preceding sections, °^|g"^g c ^
3 the same shall be divided among all towns receiving payments there- g. s.' 36,' § 2.'
4 under in proportion to said payments.
1869, 168. P. S. 43. 5 3. 1893, 272. 1918, 186, § 1.
1870, 45. 1884, 22. R. L. 41, § 4. 1919, 363, §§ 14, 16.
1874, 348, I 2. 1891, 177. 1903. 456, § 1. 1931, 426, § 70.
1 Section 16. Everv superintendent of schools shall annuallv, not Returns by
1 T-* 1 t^ n^ ' \ \ • • c t • supermlend-
2 later than February first, file with the commissioner oi education, upon ents.
3 blanks prepared by the commissioner, a sworn statement, contaming 1919! 363'.
4 data necessary to determine the amounts payable under Part II of this ifl22%33, § 3.
5 chapter. Failure to file the same by February fifteenth shall cause the ^''^^' ^^'^- ^ ^^■
6 town to forfeit its share of the income accrued during the preceding year.
7 Before filing such statement, the superintendent shall submit it to the
8 chairman of the school committee, who shall countersign it on oath, if,
9 after examination, he finds it correct. The commissioner shall cause
10 such statements to be examined, and shall certify to the comptroller
11 the amount due each town.
1 Section 17. No town shall receive any pajTnent under Part II of dftfo^edVa"'
2 this chapter, unless it has complied, to the satisfaction of the department ^^^th'sdrjol
3 of education, with all laws relating to the public schools. is'ws.
1834, 169, § 3. 18G5, 142, § 1. R. L. 41, I 6. 1919, S; 350, § 56;
1835, 138. § 1. 1866, 208, § 2. 1904, 107, § L 363, § 16.
R. S. 23, § 66. 1878, 234, § 1. 1913, 340. 1920, 2.
G. S. 36, § 3. P. S. 43, § 5. 1918, 257, § 173. 1 Op. A. G. 517.
1 Section 18. The income of the Todd Fund shall be paid to the Todd Fund.
2 department of education, and applied by it to specific objects, in con- g. s.'36,'5 7.
3 nection with the normal schools, not provided for by appropriation. p^'s.'H'ii'
R. L. 41, § 8. 1919, 350, § 56.
854
PUBLIC SCHOOLS.
[Chap. 71.
CHAPTER 71.
PUBLIC SCHOOLS.
Sect.
1.
2.
3.
4.
5.
6.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
&6.
Maintenance of public schools. Sub-
jects of instruction.
Teaching of American history and
civics.
Military drill, gymnastics, etc.
Maintenance of high schools by cer-
tain municipalities.
State reimbursement of small towns
maintaining high schools.
Payment for tuition elsewhere, and
transportation, of high school pu-
pils of small towns not maintaining
high schools.
State reimbursement to small towns
for such transportation.
State reimbursement to small towns
for such tuition.
Certain towns to receive no state
reimbursement under §§5 and S.
State reimbursement to small towns
for tuition of physically disabled
pupils.
High school defined for purposes of
state reimbursement.
Teachers in certain high schools to
hold certificates.
Commercial Spanish to be taught in
certain high schools.
Union high school districts.
State reimbursement of towns in such
districts.
Union schools.
Teaching of manual training and
household arts regulated.
Evening schools.
Evening high schools.
Notices as to evening schools. Fee
for instruction.
CONTINUATION SCHOOLS, ETC.
Continuation schools or courses of
instruction.
Compulsory attendance at continu-
ation schools or courses.
Utilization of existing educational
facilities.
State reimbursement for continuation
schools or courses.
Attendance by minors working else-
where than in town of residence
temporarily unemployed.
Penalty on town neglecting to raise
funds for continuation schools.
MISCELLANEOUS PROVISIONS.
27. Free lectures, etc.
28. Vacation schools.
Sect.
29. Female assistants in certain schools.
30. Duty of instructors in colleges, etc.
31. Bible to be read in public schools.
32. Observance of Memorial Day.
33. Vivisection and dissection regulated.
Penalty.
34. Forfeiture for neglect to raise money
for schools, choose school com-
mittee, etc.
school committees.
35. Commencement of term in certain
cities.
36. Secretary. Records.
37. Duties of school committee.
38. Same subject. Election, etc., of
teachers.
39. Inquiry as to religion or politics of
candidates for teachers forbidden.
Penalty.
40. Minimum salary for teachers.
41. Tenure of certain teachers and su-
perintendents.
42. Suspension and discharge of teachers
and superintendents.
43. Reduction of salary of teachers and
superintendents.
44. Teachers not to be restricted in the
exercise of certain rights.
45. Fees for procuring teachers' positions
regulated. Penalty.
46. Instruction and placing out of certain
mentally retarded children.
46A. Instruction of certain crippled chil-
dren.
47. Supervision and control of athletic
and other school organizations.
48. Textbooks and other supplies to be
provided.
48A. Traffic belts for pupils directing
traffic.
49. Purchase of textbooks by pupils.
50. Change of school books.
51. Exhibition of school work at exposi-
tions.
52. Committee to serve without com-
pensation. Exceptions. Members
ineligible to serve as teacher, super-
intendent, etc.
53. School physicians and nurses.
53A. Same subject. Employment, etc., by
district or union.
53B. Same subject. Exemption from pro-
visions of § 53.
54. Physical examination of pupils, teach-
ers, janitors, etc.
55. Examination of certain pupils.
Chap. 71.]
PUBLIC SCHOOLS.
855
Sect.
56. Parent or guardian to be notified of
disease, etc. Procedure in case of
dangerous, etc., diseases.
57. Testing as to defective sight, etc.
58. Department to furnish test cards,
blanks, etc., and to furnish cer-
tain instruction to normal school
pupils.
59. Superintendent of schools. Election
and duties.
60. Superintendency district. District
superintendent.
61. Union of towns for employment of
superintendent.
62. Formation or readjustment of such
unions by department.
63. School committees as joint commit-
tee for union. Organization and
duties,
64. Salary of union superintendent. Re-
imbursement for certain expenses.
65. State aid to unions.
Sect.
66. Qualifications of superintendents in
state aided unions.
67. Receipt of commission, etc., by su-
perintendent for obtaining position
for teacher penaUzed.
6S.
69.
70.
71.
72.
73.
74.
SCHOOLHOUSE8.
Towns to maintain schoolhouses.
Duties of committee. Authority
of department to require certain
towns to furnish transportation,
etc., regulated.
United States flags to be furnished
and displayed. Penalties.
Situation of schoolhouses.
Public use of school property, except
in Boston.
Lunches for pupils and teachers.
Closing of school for teachers' meet-
ings.
Management of school funds by
certain corporations not affected.
1 Section 1. Every town shall maintain, for at least one hundred and
2 si.xty days in each school year unless specifically exempted as to any one
3 year by the department of education, in this chapter called the depart-
4 ment, a sufficient number of schools for the instruction of all children
5 who may legally attend a public school therein. Such schools shall be
6 taught by teachers of competent ability and good morals, and shall give
7 instruction and training in orthography, reading, writing, the English
8 language and grammar, geography, arithmetic, drawing, the history and
9 constitution of the United States, the duties of citizenship, physiology
10 and hygiene, good behavior, indoor and outdoor games and athletic
11 exercise. In connection with physiology and hygiene, instruction as to
12 the effects of alcoholic drinks and of stimulants and narcotics on the
1.3 human system, and as to tuberculosis and its prevention, shall be given
14 to all pupils in all schools under public control, except schools maintained
15 solely for instruction in particular branches. Such other subjects as the
16 school committee considers expedient may be taught in the public schools.
Maintenance
of public
schools.
Subjects of
instruction.
C. L. 136. 305.
1692-3, 26. § 3.
1789, 19. § 1.
1823, 111.
1826, 143. § 1.
R. S. 23, § 1.
1839, 56, § 1.
1850, 229.
1857, 206, § 1.
1858, 5.
1859, 263.
G. S. 38, § 1.
1862, 7.
1870, 248, § 1.
1876, 3, § 1.
P. S. 44, § 1.
1884, 69.
1885. 332.
1894, 231;
320, § 1.
1898, 496, § 1.
1900, 218.
R. L. 42, § 1.
1908, 181.
1910, 524.
1911, 247.
1917, 169.
1918.257, §174.
1919, 5; 350, § 56.
1920, 2.
1921, 360.
1923, 222, § 1.
10 Met. 508.
196 Mass. 309.
265 Mass. 452.
1 Op. A. G. 576, .577.
Op. A. G. (1920) 40.
1 Section 2. In all public elementary and high schools American his- Teaching of
2 tory and civics, including the constitution of the United States, shall be history Tad
3 taught as required subjects for the purpose of promoting civic service 59^2o?'4ii.
4 and a greater knowledge thereof, and of fitting the pupils, morally and }^^\^'q- ^ ^■
5 intellectually, for the duties of citizenship. (i920) i96.
1 Section 3. The exercises in the public schools may include calis- Military drill,
2 thenics, gymnastics and military drill; but no pupil shall be required to ac™""^ "'^'
3 take part in any military exercise if his parent or guardian is of any r. s.' 23, '§ i7.'
4 religious denomination conscientiously opposed to bearing arms, or is fgyl; if; 1 1*'
5 himself so opposed, and the school committee is so notified in writing; p*s^'4|j^5|3;
6 or if a physician of good standing certifies in writing that in his opinion R- L- 42, § 34.
7 such exercises would be injurious to the pupil.
1910, 201. 1919, 292, 5 7.
856
PUBLIC SCHOOLS.
[Ch.\p. 71.
Maintenance
of high schools
by certain
municipaUties.
1789, 19, § 1.
1823, HI.
1826, 143, § 1.
R. S. 23. § 5.
1850, 274.
1852, 123.
1857, 206, i 2,
G. S. 38, § 2.
1868, 226.
P. S. 44, § 2.
1898, 496, § 2.
R. L. 42, § 2.
1914, 556.
1918, 257,
§175.
1919, 5.
1920, 2.
1928, 31.
16 Mass. 141.
196 Mass. 311.
1 Op. A. G. 319
Op, A. G.
(1918) 39.
Section 4. Every town containing, according to the latest census, 1
state or national, five hundred families or householders, shall, unless 2
specificallj' exempted by the department and under conditions defined by .3
it, maintain a high school, adequately equipped, which shall be kept by 4
a principal and such assistants as may be needed, of competent ability 5
and good morals, who shall give instruction in such subjects as the school 6
committee considers expedient. One or more courses of study, at least 7
four years in length, shall be maintained in such high school and it shall 8
be kept open for the benefit of all the inhabitants of the town for at least i9
one hundred and eighty days, exclusive of vacations, in each school year, 10
unless specifically exempted as to any one school year by the department 1 1
because of epidemic or other emergency. Each high school maintained 12
by a town required to belong to a superintendency union shall be con- 13
ducted in accordance with standards of organization, equipment and 14
instruction approved from time to time by the department. 15
state reim-
bursement of
small towns
maintaining
high schools.
1902, 433.
1906, 200,
§§1.2. ^
1908, 427.
1911, 537.
1918. 198,
§§2,8.
Section 5. If a town of less than five hundred families or house-
holders, according to such census, maintains a public high school, it shall,
subject to section nine, be reimbursed annually by the commonwealth,
a sum, not exceeding twelve hundred and fifty dollars, determined as
follows: for a principal and for each teacher devoting full time to said
school, two hundred and fifty dollars; for a principal and for each teacher
devoting part time thereto a part of two hundred and fifty dollars pro-
portional to the amount of time so devoted. But no town shall receive
any such reimbursement unless its high school is approved by the depart-
ment.
1
2
3
4
5
6
7
S
9
10
Payment for
tuition else-
where, and
transportation,
of high
school pupils
of small
towns not
maintaining
high schools.
1891, 263.
1894, 436, § 1.
1898, 496, § 3.
R. L. 42, § 3.
1902. 433.
1911, 537.
1913, 396.
1918, 198,
§§ 3, 8.
1921, 296,
1930, 48.
164 Mass. 430.
171 Mass. 501.
179 Mass. 571.
§1.
Section 6. If a town of less than five hundred families or house-
holders, according to such census, does not maintain a public high school
offering four years of instruction, it shall pay the tuition of any pupil who
resides therein and obtains from its school committee a certificate to
attend a high school of another town included in the list of high schools
approved for this purpose by the department. Such a town shall also,
through its school committee, provide, when necessary, for the transpor-
tation of such a pupil at cost up to forty cents for each day of actual
attendance, and it may expend more than said amount. If, however,
the distance between a pupil's residence and the school he is entitled to
attend under this section exceeds three miles, the town may, when neces-
sary, be required by the department to expend for transportation for such
pupil a sum up to eighty cents in all for each day of attendance. The
department shall approve the high schools which may be attended by
such pupils, and it may, for this purpose, approve a public high school in
an adjoining state. Whenever, in the judgment of the department, it is
expedient that such a pupil should board in the town of attendance the
town of residence may, through its school committee, pay toward such
board, in lieu of transportation, such sum as the said committee may fix.
If the school committee refuses to issue a certificate as aforesaid, appli-
cation may be made to the department, which, if it finds that the educa-
tional needs of the pupil in question are not reasonably provided for, may
issue a certificate having the same force and eft'ect as if issued by the said
committee. The application shall be filed with the superintendent of
schools of the town of residence, and by him transmitted forthwith to the
department with a report of the facts relative thereto.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2.?
24
25
2G
Chap. 71.] public schools. 857
1 Section 7. If the expenditure per thou.sand dollars valuation from state ram-
2 the proceeds of local taxation for the support of public schools, made smaiuowns"
3 by any town of less than five hundred families or householders for the [?an"portation.
4 three town fiscal years precedina; any school year, averaged more than \l\f jy|-
5 four and not more than fi\e dollars, the commonwealth shall reimburse fL*! %f " S2
6 the town for one half the amount paid by it during said school year for 1923] 363'.
7 transportation or board in accordance with the preceding section. If
8 said a\erage was more than five and not more than six dollars, the reira-
9 bursemcnt shall be for three fourths of said amount, or if said average
10 was more than six dollars, the reimbursement shall be for the entire sum.
1 1 Such reimbursement shall not be based on the excess of any amount above
12 forty cents for each day of actual attendance of any pupil. If, how-
13 ever, in order to reach the high school, a pupil must travel three or
14 more miles in some manner other than by steam or electric railroad, or
15 other public conveyance, then the town shall be reimbursed three
16 fourths of the excess, if any, that it expends for such pupil's transpor-
17 tation or board, or both, above forty cents, but not above eighty cents,
18 for each day of actual attendance. Said excess reimbursement shall be
19 paid only to towns in which said average expenditure per thousand dollars
20 valuation was more than five dollars. All expenditures for which reim-
21 bursement is claimed shall be subject to approval by the department.
1 Section S. If the valuation of a town of less than five hundred fam- state reim-
2 ilies or householders for its fiscal year preceding any school year does not sman"to«L°
3 exceed five hundred thousand dollars, the commonwealth shall reimburse {uitfon''
4 it, subject to the following section, for the whole amount paid by it for \ll^' 'Hf 5 3
5 such school year for tuition under section six; if said valuation exceeds fgo2'4.f3^^'
6 five hundred thousand dollars but not one million dollars, the reim- is'ii 537!
1 Qi Q 1 no
7 bursement shall be for three fourths of said amount; and if said valua- §§5,' 8.
8 tion exceeds one million dollars, the reimbursement shall be one half 2 Op. a. g. " '
9 of said amount. ^*'®®-
1 Section 9. No town shall receive any reimbursement for a school torecelv^e"™^
2 year under sections five and eight if its valuation for its fiscal year pre- ^en"unde"™"
3 ceding said school year, divided by the net average membership of its §§5and8.
4 public schools as defined by section five of chapter seventy for the school igos! 427; 5 1.
5 year preceding the year for which reimbursement is claimed, exceeds the ills', ill'.
6 corresponding quotient for the commonwealth. ^^ ®' *•
1 Section 10. If the school committee of a town of less than five hun- state reim-
2 dred families or householders not maintaining a public high school off'er- amailTowns"
3 ing four years of instruction, pays, with the approval of the department, plVSi" dL-
4 for the instruction of a pupil who by reason of physical disability is ^g'^l'^ im'^T.
5 unable to attend a high school in another town, the commonwealth
6 shall reimburse the town therefor under the same conditions and to the
7 same amount as for tuition in such a high school, and for transportation
8 thereto, but not exceeding one hundred dollars a year in lieu of tuition
9 plus one dollar and fifty cents per week of actual instruction in lieu of
10 transportation.
1 Section 11. For the purposes of the six preceding sections, a "high High school
2 school " is defined as that part of the school system which furnishes in- purposes'of
3 struction in addition to that offered in the first eight grades and other barsemlni
4 than vocational instruction directly aided by the commonwealth. '^i*' '^*' ^ '•
858
PUBLIC SCHOOLS.
[Chap. 71.
Teachers in
certain high
schools to
hold certifi-
cates.
1911,375, 51.
Commercial
Spanish to
be taught
in certain
high schools.
1918, 200.
Section 12. No person shall be eligible to teach in a high school on 1
account of which reimbursement is made by the commonwealth under 2
section five who does not hold a high school teacher's certificate issued 3
by the department as provided in section five of chapter sixty-nine. 4
Section 13. In every public high school having not less than one 1
hundred and fifty pupils and offering a commercial course of study, com- 2
mercial Spanish shall be taught upon the written request of the parents 3
or guardians of not less than twenty pupils and the enrolment of not less 4
than twenty properly qualified pupils, provided said request is made, 5
and said enrolment is completed, before the preceding August first. 6
Union
high school
districts.
1848, 279,
§§ 1-4.
G. S. 38,
§§ 3-6.
P. S. 44,
§§ 3-6.
R. L. 42,
n 4-7.
1918, 257,
§§ 176, 177.
1919, 5:
292, 8 1.
1920, 2.
State reim-
bursement of
towns in such
districts.
1918, 257,
§ 178.
1919, 5.
1920, 2.
Union schools.
1868, 278.
P. S. 44.
§§10, 11.
R. L. 42, § 8.
1919, 292, § 2.
103 Mass. 99.
Section 14. Two or more towns may vote to form a union high 1
school district, subject to the approval of the department, for the pur- 2
pose of establishing and maintaining a union high school. The manage-
ment and control of such school shall be vested in a committee, with all
the powers of school committees, composed of one member elected by
and from the school committee of each constituent town. The com-
mittee shall, with the approval of the department, determine the situation
of the schoolhouse. The proportion payable by each town for the erec-
tion and maintenance of a permanent schoolhouse and for the support
of the school, including the transportation of pupils to such school when 10
necessary, unless otherwise agreed, shall be according to its proportion 11
of the county tax. 12
Section 15. Every town where a union high school is situated shall 1
be reimbursed by the commonwealth for the sums contributed to the 2
support of such school to the same amount and under the same con- 3
ditions as if said sums had been expended to maintain a local high school. 4
Each other participating town shall so be reimbursed to the same amount 5
and under the same conditions as if its contribution had been expended 6
for the tuition of its pupils in another town. 7
Section 16. Two or more towns may severally vote to establish 1
union schools for the accommodation of such contiguous portions of each 2
as may be agreed upon. The management and control of such schools, 3
the situation of the schoolhouses therefor, and the apportionment of the 4
expenses of erecting such schoolhouses and of the support and mainte- 5
nance of said schools, and of all expenditures incident to the same, shall 6
be determined by the school committees of the participating towns. 7
Teaching
of manual
training and
household arts
regulated.
Section 17. Every town of twenty thousand inhabitants shall main- 1
tain the teaching of manual training and household arts as part of both 2
its elementary and its high school program of studies. 3
1894, 471. 1898, 496, § 4. R. L. 42, § 9. 1919, 292, § 3.
Evening
schools.
1870, 248. § 2.
P. S. 44. § 7.
1883, 174, § 1.
1898, 496, § 5.
R. L. 42, § 11.
1914, 590.
1918, 257,
§ 179.
1919, 5.
1920, 2.
Section 18. Any town may, and every town in which there are 1
issued during any year certificates authorizing the employment of twenty 2
or more persons who do not possess the educational qualifications cnu- 3
merated in section one of chapter seventy-six, shall maintain for not less 4
than forty evenings during the following school year an evening school 5
or schools for the instruction of persons over fourteen years of age in 6
orthography, reading, writing, the English language and grammar, 7
Chap. 71.] public schools. 859
8 geography, arithmetic, industrial drawing, both free hand and mechanical,
9 the history of the United States, physiology and hygiene and good he-
10 havior. Such other subjects may be taught as the school committee
1 1 considers expedient.
1 Section 19. Every city of fifty thousand inhabitants shall maintain Evening high
2 annually an evening high school, in which shall be taught such subjects i8s6?236, § i.
,3 as the school committee considers expedient, if fifty or more residents, jf^L'. tlf'^M
4 fourteen years or over, competent in the opinion of the committee to
.5 pursue high school studies, shall petition in writing for an evening high
6 school and certify that they desire to attend.
1 Section 20. The school committee shall, two weeks next before the Notices as to
2 opening of each term of the evening schools, post in three or more public Fee for
3 places in the town notice of the situation of said schools, the date of the '"ss^wT'? 4.
4 beginning of the term, the evenings of the week on which they will be fgn^'sog.^ ^^"
5 in session, such regulations as to attendance as it deems proper, and the
6 provisions of section ninety-five of chapter one hundred and forty-nine.
7 It may require from each student, not bound by law to attend, an
8 advance payment not exceeding one dollar, which may, at its discretion,
9 be paid into the town treasury to be credited to the school appropriation,
10 or be returned wholly or in part at such time and under such conditions
11 as the committee determines.
continuation schools, etc.
1 Section 21. E\ery town which has accepted chapter three hundred ^Xo'rs^or'""
2 and eleven of the General Acts of nineteen hundred and nineteen, and courses ot
, 111 • 1 • instruction. "
3 m which, in any year, two hundred or more mmors under sixteen are wis, sos, |i.
4 employed not less than six hours per day by authority of employment cis i, 3. §7. '
5 certificates or home permits described in section one of chapter seventy- op, a g.'
6 six, exclusive of minors employed only during vacations, shall, except as *^^^°' ^^^■
7 otherwise provided in this section, and any other town which has ac-
8 cepted said chapter, may, through its school committee, local board of
9 trustees for vocational education, or both, establish at the beginning of
10 the next school year and maintain continuation schools or courses of
11 instruction for the education of such minors, and for such others as may
12 be required to attend under section twenty-five. The said schools or
13 courses shall be in session the same number of weeks in eachyear as the
14 local high schools, and the sessions shall be between the hours of eight
15 in the morning and five in the afternoon of any working days except
16 Saturday. If in a town required to establish continuation schools or
17 courses under this section, after examination of the records required to
IS be kept under sections eighty-sLx and eighty-nine of chapter one hundred
19 and forty-nine, it appears that in each of two consecutive years the num-
20 ber of employed minors described above falls below two hundred, the
21 school committee of said town may apply to the department for exemp-
22 tion from the provisions of this section, and, if specifically exempted by
23 the department under conditions defined by it, said town shall be deemed
24 to have come under the permissive provisions of this section and shall
25 so remain until two hundred or more such minors in any year are em-
26 ployed therein.
860
PUBLIC SCHOOLS.
[Chap. 71.
Compulsory
attendance at
continuation
schools or
courses.
1913, 805, § 1.
1919, 311, § 1,
els. 2, 3.
Op. A. G.
(1920) 168.
Utilization
of existing
educational
facilities.
1919, 311,
§ 1, cl. 4.
State reim-
bursement for
continuation
schools or
courses.
1913, 805,
l§2, 3.
1919, 311, § 2.
1922, 413.
Attendance by
minors work-
ing elsewhere
than in town
of residence
temporaril.v
unemployed.
1913, 805, § 4.
1919, 311,
§ 3, cl. 1.
Penalty on
town neglecting
to raise funds
for continua-
tion schools.
1919, 311, § 6.
Section 22. Every minor described in the preceding section shall,
subject to the laws relating to the public schools, attend said schools or
courses in the town of his employment for not less than four hours per
week; but the attendance of minors who have been required to attend
continuation schools, and are temporarily out of employment or busi-
ness, shall be for not less than twenty hours per week, if said schools or
courses are so long in session. Instruction in the regular schools may
and upon application of the parent or guardian shall be accepted as
equivalent to that required by this section and section twenty-five.
Section 23. In the establishment and conduct of said schools or
courses, a town may take advantage of established educational agencies,
and may utilize any suitable quarters approved by the department; but,
when established, the said schools or courses shall be a part of the public
school system of the town.
Section 24. Towns maintaining such schools or courses as are ap-
proved by the department as to organization, control, situation, equip-
ment, courses of study, qualifications of teachers, methods of instruc-
tion, conditions of admission, employment of pujMls and exjienditures of
money, shall be reimbursed by the commonwealth for one half the sum
raised by local taxation and expended for their maintenance. The town
of residence of a person who is required by section twenty-two to attend
a continuation school of another town shall pay to such other town a
tuition fee to be fixed by the commissioner of education, and not to ex-
ceed the average annual maintenance cost per pupil of continuation
schools throughout the commonwealth, as last ascertained. In default
of payment, such fee may be recovered in an action of contract. The
commonwealth shall pay to towns paying claims for tuition under this
section one half the sums so expended.
Section 25. Any minor under sixteen who has been regularly em-
ployed in a town other than that of his residence, and who is temporarily
unemployed, may be required, under conditions approved by the de-
partment, to attend a continuation school or course in the town of his
residence.
Section 26. A town required by section twenty-one to establish and
to maintain continuation schools or courses which refuses or neglects to
appropriate money necessary therefor, shall forfeit from funds due it
from the commonwealth a sum equal to twice that estimated by the
department as necessary properly to provide for the same. A sum equal
to three fifths of such forfeiture shall be paid by the state treasurer to
the school committee of the delinquent town, and the committee shall
expend the same for such establishment and maintenance to the same
extent as if it had been regularly appropriated by the town therefor.
1
2
3
4
5
6
7
cS
9
1
2
3
4
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
1
2
3
4
5
0
7
8
9
Free lectures,
1893, 208.
1900, l(j«.
U. L. 42, i 14.
MISCELLANEOUS PROVISIONS.
Section 27. The school committee may employ competent persons
to deliver lectures on the natural sciences, history, and kindred subjects,
and may pro\i(ie cards or pamphlets giving the titles and authors of
books of reference on the subject matter of said lectures contained in the
local public libraries.
Chap. 71.] public schools. 861
1 Section 28. The school committee may establish and maintain Vacation
2 schools to be kept open for the whole or any part of the summer vaca- ism? lie.
3 tion; but attendance thereon shall not be compulsory or be considered ^ ^'*^' ^ '^'
4 as a part of the school attendance required by law.
1 Section 29. In every public school having a membership of fifty Female
2 pupils or more, one or more female assistants shall be employed unless ?Mta'in°8choois.
3 the town votes otherwise.
1839, 56, § 1. ■ P. S. 44, § 14.
G. S. 38, § 9. R. L. 42, § 17.
1 Section 30. The president, professors and tutors of the university Duty of m-
2 at Cambridge and of the several colleges, all preceptors and teachers of co™ege's?e't'c.
3 academies and all other instructors of youth shall exert their best en- lisg] 19% ^4^"
4 deavors to impress on the minds of children and youth committed to it^|.'23f'§7^'
5 their care and instruction the principles of piety and justice and a sacred p|||' H^-
6 regard for truth, love of their country, humanity and universal bene\'o- R; l. 42, § is'.
7 lence, sobriety, industry and frugality, chastity, moderation and tem-
8 perance, and those other \irtues which are the ornament of human so-
9 ciety and the basis upon which a republican constitution is founded ; and
10 they shall endeavor to lead their pupils, as their ages and capacities will
11 admit, into a clear understanding of the tendency of the above mentioned
12 virtues to preserve and perfect a republican constitution and secure the
13 blessings of liberty as well as to promote their future happiness, and
14 also to point out to them the evil tendency of the opposite vices.
1 Section 31. A portion of the Bible shall be read daily in the public Bible to be
2 schools, without written note or oral comment; but a pupil whose parent schools.""'''"'
3 or guardian informs the teacher in writing that he has conscientious it"|.'23,^'§23.'
4 scruples against it, shall not be required to read from any particular Jf^|' |^° ^ 27
5 version, or to take any personal part in the reading. The school com- i|fi2, 57
6 mittee shall not purchase or use in the public schools school books favor- p- s.'44, § 32.
7 ing the tenets of any particular religious sect.
R. L. 42, § 19. 12 Allen, 127.
1 Section 32. In all the public schools the last regular session, or a observance of
2 portion thereof, prior to May thirtieth, known as Memorial Day, shall i89o!Tn. °''^'
3 be devoted to patriotic exercises.
R. L. 42, § 20.
1 Section 33. No person shall, in the presence of a pupil in any public vivisection
2 school, practice vivisection, or exhibit a vivisected animal. Dissection r°g''ufate"*""'
3 of dead animals or any portions thereof in such schools shall be confined ri94,"i'5i.
4 to the class room and to the presence of pupils engaged in the study to K- ^- *^' ^ ^'•
5 be promoted thereby, and shall in no case be for the purpose of exhibi-
6 tion. Violation of this section shall be punished by a fine of not less
7 than ten nor more than fifty dollars.
1 _ Section 34. Towns shall raise by taxation money necessary for the Forfeiture for
2 support of public schools as required by this chapter. For refusal or raS'e'^money
3 neglect so to do a town shall forfeit to the county an amount equal to chooseschooi
4 twice the highest sum ever before voted for the support of the schools c'T'nf^'sos'
5 in the town, or for refusal or neglect to choose a school committee or to io-!2-3, 26. § s.
„ ic -1 ■• ■i-iiicp- I 1 1701-2, 10, § 1.
D comply tor one year with section sixty-eight, it shall lorteit not less than i7is-i9, 2.
7 five hundred nor more than one thousand dollars. Three fourths of any §5 6,' 7. '
8 forfeiture so recovered shall be paid by the county treasurer to the school §§'4,'io, ig.
862
PUBLIC SCHOOLS.
[Chap. 71.
1829, 116. committee, if any, otherwise to the selectmen of the delinquent town, 9
§§ 9,' 32,' 60, 61. who shall expend it for the support of the schools thereof as if regularly 10
11
appropriated by the town therefor.
252, §§ 4, 5.
G. S. 38, §§ 12, 14, 15, 36.
1871. 145.
P. S. 44, §§ 17, 19, 20, 46.
R. L. 42, §§22-24,49.
1919, 292, § 9.
1920, 78.
10 Met. 508.
251 Mass, 82.
265 Mass. 353.
SCHOOL COMMITTEES.
meSt^Ue'rm SECTION 35. In citics where no other provision is made in the charter 1
Uncertain thereof, the term of office of members of the school committee shall 2
1846,' 223, § 1. begin at the same time with that of the members of the city council. 3
G. S. 38, § 20. 1865, 134. P. S. 44, § 25. R. L. 42, § 25.
Section 36. The school committee shall appoint a secretary who 1
Secretary.
Records. i i ii ■
i83|.i05,^y. giiall keep a permanent record book, in which all its votes, orders and
p. s. 44,' § 27. proceedings shall be recorded.
R. L. 42, § 26.
116 Mass. 365.
180 Mass. 20.
Duties of
school com'
mittee.
G. S. 38, §
P. S. 44,
§§7,21.
1883. 174,
1886, 236,
1898, 496,
R. L. 42, §
1918,257, §
16.
j6.
27.
180.
Section 37. It shall have general charge of all the public schools, 1
including the evening schools and evening high schools, and of vocational 2
schools and departments when not otherwise provided for. It may 3
determine, subject to this chapter, the number of weeks and the hours 4
during which such schools shall be in session, and may make regulations 5
as to attendance therein. 6
1919, 5.
1920, 2.
23 Pick. 224.
5 Gush. 198.
12 Gray, 61.
10 .Mien, 149.
12 Allen, 127.
105 Mass. 475.
116 Mass. 365.
157 Mass. 561.
181 Mass. 127.
193 Mass. 294.
195 Mass. 29.
216 Mass. 19.
221 Mass. 427.
229 Mass. 304.
238 Mass. 528.
241 Mass. 325, 333.
251 Mass. 82.
3 Op. A. G. 37.
Same subject.
Election,
etc., of
teachers.
1838, 105, § 2.
1859, 60.
G. S. 38, § 23.
Section 38. It shall elect and contract with the teachers of the public 1
schools, shall require full and satisfactory evidence of their moral char- 2
acter, and shall ascertain their qualifications for teaching and their ca- 3
pacity for the government of schools. 4
R. L. 42, § 28.
4 Cush. 599.
9 Allen, 94.
P. S. 44, § 28.
1891, 159.
1894, 329, § 4.
98 Mass. 587.
241 Mass. 325, 333.
251 Mass. 82.
Inquiry as to
religion or
politics of can-
didates for
teachers
forbidden.
Penalty.
1917, 84.
249 Mass. 525.
4 Op. A. G. 418.
Section 39. No public school committee or official shall inquire con- 1
cerning, or require or solicit from an applicant for a position in the public 2
schools any information as to, his religious belief, creed or practice, or his 3
political opinions or affiliations; and no appointment to such a position 4
shall be in any manner affected thereby. Violation of this section shall 5
be punished by a fine of not more than fifty dollars. 6
S™™ Section 40. The compensation of every teacher employed in any 1
i9i8"'i97 public day school in the commonwealth, except persons in training and 2
1921.' 42a §^4j_ those employed as temporary substitutes, shall be at a rate of not less 3
2 Op! a! g! 24o! than seven hundred and fifty dollars for the school year in that school. 4
Tenure of cer-
tain teachers
and super-
intendents.
1886, 313.
R. L. 42, § 32.
1914, 714,
§§ 1, 7. 8.
1918. 257,
5 182.
1919, 5.
Section 41. Every school committee, except in Boston, in electing 1
a teacher or superintendent, who has served in its public schools for the 2
three previous consecutive school years, other than a union or district 3
superintendent, shall employ him to serve at its discretion; but any 4
school committee may elect a teacher who has served in its schools for not 5
less than one school year to serve at such discretion. 6
1920, 2.
Chap. 71.] public schools. 863
1 Section 42. The school committee may dismiss any teacher, but Suspension and
, '111 discharge of
2 m every town except Boston no teacher or supernitendent, other than a teachers and
3 union or district superintendent, shall be dismissed unless by a two thirds ents.
4 vote of the whole committee. In every such town a teacher or superin- a".' If, § 25.
5 tendent employed at discretion under the preceding section shall not be r. l.«',\3i'.
6 dismissed unless at least thirty days prior to the meeting, exclusive of If^lHtr.s.
7 customary vacation periods, at which the vote is to be taken, he shall [rJ-jV^f^^gg
8 have been notified of such intended vote, nor unless, if he so requests, (rAUen, 94.
9 he shall have been given a statement by the committee of the reasons for 2.5o ulfs. 5.
10 which his dismissal is proposed; nor unless, if he so requests, he has been 250 Mass! 334!
1 1 gi\en a hearing before the school committee, at which he may be accom- ^56 Mass. 584.
12 panied by a witness; nor unless, in the case of a teacher, the superintend-
13 ent shall have given the committee his recommendations thereon.
14 Neither this nor the preceding section shall affect the right of a committee
15 to suspend a teacher or superintendent for unbecoming conduct, or to
10 dismiss a teacher whenever an actual decrease in the number of pupils in
17 the schools of the town renders such action advisable. No teacher or
IS superintendent who has been lawfully dismissed shall receive compensa-
19 tion for services rendered thereafter, or for any period of lawful suspension
20 followed by dismissal.
1 Section 43. The salary of no teacher employed in any town except Reduction^
2 Boston to serve at discretion shall be reduced without his consent except teachers and
3 by a general salary re\-ision afl'ecting equally all teachers of the same ems"'"""' '
4 salary grade in the town. The salary of no superintendent so employed l^'s,' "^'
5 shall be reduced without his consent until at least one year after the 2^9 -Mass. 52s.
6 committee has so voted.
1 Section 44. No committee shall by rule, regulation, or otherwise, Teachers not
2 restrict any teacher in, or dismiss him for, exercising his right of suffrage, *„ theTxSds'e
3 signing nomination papers, petitioning the general court or appearing "/ght"'""
4 before its committees, to the extent that such rights, except voting, are i^'^, 628.
5 not exercised on the school premises during school hours, or when their
6 exercise would actually interfere with the performance of school duties.
1 Section 45. No person shall demand or accept from any applicant ^^^^n'Teachera'
2 for the position of teacher in the public schools a fee or other compensa- positions
3 tion exceeding two dollars, and no additional sum shall be charged to i?n"afty. '
4 cover expenses or for any other reason, except that further compensation, §§'2.' 4"^'
5 not exceeding five per cent of the teacher's salary for the first year, pro- °i^20) 74'.
6 vided the position is open to the teacher for said period, may be charged
/
for procuring such position. Violation of this section shall be punished
S by a fine of not less than fifty nor more than five hundred dollars.
1 Section 46. The school committee of every town shall annually instruction and
2 ascertain, under regulations prescribed by the department and the of certain
3 department of mental diseases, the number of children three years or "Irdcdlii'idren.
4 more retarded in mental development in attendance upon its public \fie-U';lo°'
5 schools, or of school age and resident therein. At the beginning of each 1922. 231.
6 school year, the committee of every town where there are ten or more
7 such children shall establish special classes for their instruction accord-
8 ing to their mental attainments, under regulations prescribed by the
9 department. A child appearing to be mentally retarded in any less
864
PL'BLIC SCHOOLS.
[Chap. 71.
degree may, upon request of the superintendent of schools of the town 10
where he attends school, be examined under such regulations as may be 11
prescribed by the department and the department of mental diseases. 12
No child under the control of the department of public welfare or of the 13
child welfare division of the institutions department of the city of Bos- 14
ton, who is three years or more retarded in mental development within 15
the meaning of this section, shall, after complaint made by the school 16
committee to the department of public welfare or said division, be placed 17
in a town which is not required to maintain a special class as provided 18
for in this section. 19
Instruction of
certain crippIeJ
children.
1930, 368.
Section 46A. The school committee of every town shall annually
ascertain, under regulations prescribed by the department and the com-
missioner of public welfare, the number of children of school age and
resident therein who are crippled. In any towm where, at the beginning
of any school year, there are five or more children so crippled as to make
attendance at a public school not feasible, and who are not otherwise
provided for, the school committee shall, and in any town where there
are less than five such children may, employ a teacher or teachers, on
full or part time, who shall, with the approval in each case of the depart-
ment and the said commissioner, offer instruction to said children in
their homes or at such places and under such conditions as the com-
mittee may arrange.
1
2
3
4
5
6
7
8
9
10
11
12
Supervision and
control of
athletic and
other school
organizations.
1906, 251.
1911, 314.
1919. 292, § 4.
265 Mass. 452.
Section 47. The committee may supervise and control all athletic 1
and other organizations composed of public school pupils and bearing 2
the school name or organized in connection therewith. It may directly 3
or through an authorized representative determine under what condi- 4
tions the same may compete with similar organizations in other schools. 5
Expenditures by the committee for the supervision of play and games on 6
land under the committee's control, or for the equipment thereof, shall 7
be deemed to be for a school purpose. 8
Textbooks and
other supplies
to be provided.
1826, 143, § 7.
1855, 436.
1873, 106.
1878, 23.
P. S. 44, § 40.
1884, 103.
1885, 161, 5 2.
1894, 320, § 2.
R. L. 42,
§§ 35, 37
Section 48. The committee shall, at the expense of the town, pur- 1
chase textbooks and other school supplies, and, under such regulations 2
as to their care and custody as it may prescribe, shall loan them to the 3
pupils free of charge. If instruction is given in the manual and domestic 4
arts, it may so purchase and loan the necessary tools, implements and 5
materials. It shall also, at like expense, procure such apparatus, refer- 6
ence books and other means of illustration, as may be needed. 7
13 Pick. 229.
187 Mass. 436.
263 Mass. 364.
265 Mass. 452.
270 Mass. 338.
Section 48A. School committees may make expenditures, from funds 1
Traffic belts
for pupils di- ' t " i' 02 u 1 l
1930"! 14"""°' appropriated for school purposes, for the purchase oi traihc belts, so- 2
called, to be used bv pupils aiding in the directing of traffic as a means 3
4
of providing additional safeguards for pupils in crossing public ways.
Purchase of SECTION 49. Pupils in the public schools may, if the committee so 1
textbooks by , i. , i i i \l' j.i "^.i. o
pyp|'s-._. votes, purchase from the town, under such regulations as the committee Z
may prescribe, any textbooks which are to be, or have been, used by 3
1901, 472
R. L. 42, § 36
1919,292, 5 8..,- 1 11
them in such schools.
Chap. 71.] public schools. 865
1 Section 50. A change may be made in the school books used in the change ot
2 public schools by a vote of two thirds of the whole school committee at i859?93?°§2.
3 a meeting thereof, notice of such intended change having been given at a I'ses.ilb.^ ^^'
4 previous meeting.
1867, 155. P. S. 44, § ,34.
1876, 47, 5 2. R. L. 42, § 38.
1 Section 51. The school committee may, at any national, state, or Exhibition of
2 foreign exposition, make an exhibition showing the character, standing, Ixpositk.ns'! "'
3 or work of its public schools.
1904, 172.
1 Section 52. The school committee shall serve without compensa- Committee to
2 tion, except that in a town required to belong to a superintendency union compeMat?on.
3 which votes to compensate the committee, its members shall each be M^emteTs"^'
4 paid two dollars and fifty cents a day for the time actually dcA^oted to ^"ri'e '"" *""
5 their official duties, and such additional compensation as the town may 'ntendent"?"'
6 allow. No member of a school committee in any town shall be eligible isss, 105,' § 4.
7 to the position of teacher, or superintendent of public schools therein, isse! 232!
8 or in any union school or superintendency union or district in which §§34,35.
9 his town participates.
1873, 157. I8S8. 431, § 5. R. L. 42, § 39.
P. S. 44, §5 42, 43. 1898, 466, § 5. 1904, 173.
1 Section 53. The school committee shall appoint one or more school pjiy°i'ciang
2 physicians and nurses, shall assign them to the public schools within its icJo,"5o|''5 1
3 jurisdiction, shall provide them with all proper facilities for the perform- wio! 257! § 1.
4 ance of their duties and shall assign one or more physicians to the exami- 254 Mass! 384.
5 nation of children who apply for health certificates required by section
6 eighty-seven of chapter one hundred and forty-nine, but in cities where
7 the medical inspection hereinafter prescribed is substantially provided
8 by the board of health, said board shall appoint and assign the school
9 physicians and nurses. The department may exempt towns having a
10 valuation of less than one million dollars from so much of this section as
11 relates to school nurses.
1 Section 5.3A. A superintendency district formed and conducted |'tU{joy"mint!'
2 under the provisions of section sixty, or a superintendency union formed tJf^joJ^u^'^^n
3 and conducted under the provisions of sections sixty-one to sixty-four, isai, 357, § 2
,.,. , "^ 111--1 1 254 Masa. 384.
4 inclusive, may employ one or more school physicians and may employ
5 one or more school nurses; determine the relative amount of service to
6 be rendered by each in each town ; fix the compensation of each person
7 so employed; apportion the payment thereof among the several towns;
8 and certify the respective shares to the several town treasurers. A school
9 physician or nurse so employed may be removed by a two thirds vote of
10 the full membership of the joint committee.
1 Section 53B. The towns comprised in a superintendency district l^^^^oi""'-
2 or union employing, to the satisfaction of the department, one or more from ppvi-
3 school physicians and nurses in accordance with the provisions of section 1921, 357, § '2.
4 fifty-three A shall be exempt from the provisions of section fifty-three
5 requiring the appointment of such persons.
1 Section 54. Every school physician shall make a prompt examination physical
2 and diagnosis of all children referred to him as hereinafter provided, of pTplfs?""
3 and such further examination of teachers, janitors and school buildings janitOT8%to.
866
PUBLIC SCHOOLS.
[Chap. 71.
1906, 502, § 2.
1910, 257, § 2.
251 Mass. 384.
as in his opinion the protection of the health of the pupils may require. 4
Every such physician who is assigned to perform the duty of examining 5
children who apply for health certificates shall make a prompt examina- 6
tion of every child who wishes to obtain an employment certificate, as 7
provided in section eighty-seven of chapter one hundred and forty-nine, 8
and who presents to said physician the pledge or promise of the employer, 9
as provided in said section; and the physician shall certify in writing 10
whether or not in his opinion such child is in sufficiently sound health and 1 1
physically able to perform the work described in said pledge or promise. 12
Examination
of certain
pupils.
1906, 502, § 3.
1922, 120.
254 Mass. 384.
Parent or
guardian to be
notified of
disease, etc.
Procedure
in case of
dangerous, etc.,
1906, 502,
5§4, 5.
Testing as to
defective sight,
etc.
1906, 502,
§§ 5, 6.
1919, 350, 5 96.
Department to
furnish test
cards, blanks,
etc., and to
furnish certain
instruction
to normal
school pupils.
1906, 502, § 6.
1908, 189.
1919,350, §96.
1931,426,5 71.
Superintendent
of schools.
Election and
duties.
1854, 314.
18.56, 232.
G. S. 38, 5 35.
1860, 101.
1870, 117.
Section 5.5. The school committee shall cause to be referred to a
school physician for examination and diagnosis every child returning to
school without a certificate from the board of health after absence on
account of illness from infectious or contagious disease. Every child
attending school who shows signs of ill health or of suffering from infec-
tious or contagious disease shall be referred to a school physician, unless
at once excluded from the school by the teacher. But in the case of
schools remotely situated, the committee may make such other arrange-
ments as may best accomplish the purposes of this section.
Section 56. The committee shall cause the parent or guardian to be
notified of any disease or defect from which any child is found to be suf-
fering, or of any defect or disability requiring treatment, ascertained
under the following section. A child showing symptoms of smallpox,
scarlet fever, measles, chicken-pox, tuberculosis, diphtheria or influenza,
tonsillitis, whooping cough, mumps, scabies or trachoma, shall be sent
home immediately, or as soon as safe and proper conveyance can be
found; and the board of health shall at once be notified.
Section 57. The committee shall cause every child in the public
schools to be separately and carefully tested and examined at least once
in every school year to ascertain defects in sight or hearing, and other
physical defects tending to prevent his receiving the full benefit of his
school work, or requiring a modification of the same in order to prevent
injury to the child or to secure the best educational results, and shall
require a physical record of each child to be kept in such form as the
department may prescribe. The tests of sight and hearing shall be made
by the teachers, directions for which shall be prescribed by the depart-
ment of public health.
Section 58. The department, after consultation with the depart-
ment of public health, shall prescribe and furnish to school committees
suitable rules of instruction, test cards, blanks, record books and other
useful appliances for accomplishing the purposes of sections fifty-three
to fifty-seven, inclusive, and may annually expend therefor a sum not
exceeding eight hundred dollars, and shall provide for pupils in the normal
schools instruction and practice in the best methods of testing the sight
and hearing of children.
Section 59. The school committee of a town not in a superintend-
ency union or district shall employ a superintendent of schools and fix
his compensation. A superintendent employed under this section or
section sixty or sLxty-three shall be the executive officer of the commit-
tee, and under its general direction, shall have the care and supervision
1
2
3
4
5
6
7
8
9
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
(i
7
8
ClIAP. 71.] PUBLIC SCHOOLS. 867
6 of the public schools, shall assist it in keeping its records and accounts i873, los.
7 and in making such reports as are required by law, and shall recom- p. s.' 44, §43.
8 mend to the committee teachers, textbooks, and courses of study. {ggf; HI] f f;
1900, 24S, 51. Ill .Mass. 87. 251 Mass. 82.
R. L. 42, § 40. 138 Mass. 149. 2 Op. A. G. 68
1911, 444.
1 Section 60. Two or more towns may, by vote of each, form a dis- Supcrintend-
2 trict for the purpose of employing a superintendent of public schools pistriotsuper-
3 therein, who shall annually be appointed by a joint committee composed '"gVT'i^s,'
4 of the chairman and secretary of the school committee of each of the .said Pl[ f^
5 towns. The committee shall determine the relative amount of .service ^ ^•*^-
6 to be performed by him in each town, fi.x his salary, apportion the amount §§ 4f, 4i.
7 thereof to be paid by each town and certify the same to each town (1919)59.
8 treasurer.
1 Section 61. The school committees of two or more towns, each union of
2 having a valuation less than two million five hundred thou.sand dollars, p?oymento?'
3 and ha\'ing an aggregate maximum of se^•enty-five, and an aggregate TmiX^'h'^'"'^'
4 minimum of twenty-five, schools, and the committees of four or more flgg |oo,
5 such towns, having said maximum but irrespective of said minimum, f^'^gg'
0 shall form a union for employing a superintendent of schools. A town §§ 1.2, 6.'
7 whose valuation exceeds said amount, may participate in such a union 11 l. 42,'
8 but otherwise subject to this section. Such a union shall not be dis- i9i"'399.
9 solved except by vote of the school committees representing a majority }926', sisi §1.
10 of the participating towns with the consent of the department, nor by o op! a] §.' ts*^
11 reason of any change in valuation or the number of schools. *68.
1 Section 62. The department may form or readjust such unions Formation or
2 whenever it becomes necessary to include one or more towns otherwise ors'udi'untons
3 unable to comply with the preceding section, and in so doing may dis- igosflgg*"™''
4 regard the minimum number of schools prescribed therein, but no such
5 readjustment shall deprive a town of its right to aid under section
6 sixtj'-five.
1 Section 63. The school committees of such towns shall, for the pur- school com;
2 poses of the union, be a joint committee and shall be the agent of each TOmmHteV™"'
3 participating town, provided that any school committee of more than organization
4 three members shall be represented therein by its chairman and two of i8f8'^4*3'f § o
5 its members chosen bv it. The joint committee shall annuallv, in April, jsos! 200! § 2.
II* I 111' i>i* • 1898, 466, § 2.
6 meet at a day and place agreed upon by the chairmen 01 the constituent R. l. 42, § 44.
7 committees, and shall organize by choosing a chairman and a secretary. 1912! 114'.
8 It shall employ for a three year term, a superintendent of schools, de- 1™ Massifs!
9 termine the relative amount of service to be rendered by him in each op.^a^g^' *^*'
10 town, fix his salary, which shall not be reduced during his term, apportion (i'-"^* s^, 116.
11 the payment thereof in accordance with section sixty-five among the
12 several towns and certify the respective shares to the several town treas-
13 urers. He may be removed, with the consent of the department, by a
14 two thirds vote of the full membership of the joint committee.
1 Section 64. The salary of the superintendent in such a union shall be salary of union
2 not less than the amounts provided in the following schedule: twenty- iSmbuAement
3 two hundred dollars for the first year of service, twent\--three hundred expensls!"
4 dollars for the second year, twenty-four hundred dollars for the third {HI] 200! I a.
5 year, twenty-five hundred dollars for the fourth year. If his salary is i^«*' ***8, § 3.
868
PUBLIC SCHOOLS.
[Chap. 71.
R. L. 42, 5 45.
1918, 109, 5 1.
1920, 371.
not in excess of twenty-nine hundred dollars, the union shall, and other- 6
wise may, reimburse him for his actual traveling expenses incurred in 7
the discharge of his duties, but such reimbursement may be hmited 8
by the committee to four hundred dollars a year. 9
State aid
to unions.
1888, 431.
§3.
1893, 200,
§3.
1898, 466.
I§ 3, 6, 8.
R. L. 42.
§§45,47,
48.
1918. 109.
1920,371.
1926, 313.
§2.
Section 65. When the chairman and secretary of the joint commit- 1
tee certify to the comptroller, on oath, that the towns unitedly have 2
employed a superintendent of schools for the year ending on June thir- 3
tieth, and have complied with section sixty-three, a warrant shall, upon 4
the approval of the department, be drawn upon the state treasurer for 5
the payment of two thirds of the sum of the following amounts: (1) the 6
amount paid to the superintendent as salary not including any such 7
amount in excess of twenty-five hundred dollars, and (2) the amount 8
reimbursed to the superintendent for traveling expenses not including 9
any such amount in excess of four hundred dollars. The amount stated 10
in "the warrant shall be apportioned and distributed among the towns 11
forming the union in proportion to the amounts expended by them for 12
the salary and traveling expenses of the superintendent; provided, that 13
the amount apportioned to any town whose valuation then exceeds four 14
million five hundred thousand or to any town whose valuation exceeded 15
two million five hundred thousand at the time of its entry into a union, 16
shall be retained by the commonwealth. 17
Qualifications
of superin-
tendents in
state aided
unions.
1904. 215.
1911, 384.
Receipt of
commission,
etc.. by super-
intendent for
obtaining
position for
teacher
penalized.
Section 66. The department shall not approve the claim to reim-
bursement under the preceding section unless the superintendent, for
the entire period of whose service such reimbursement is claimed, held
a certificate of the department certifying to his qualifications as deter-
mined by examination or otherwise.
Section 67. A superintendent of schools who accepts any commis-
sion, fee, compensation, or reward of any kind for obtaining for any
person a position as teacher in the public schools shall be punished by
a fine of not less than fifty nor more than five hundred dollars.
1911.731, §§3.4.
1
2
3
4
5
1
2
3
4
Towns to
maintain
schoolhouses.
Duties of
committee.
Authority of
department to
require certain
towns to
furnish trans-
portation, etc.,
regulated;
1826, 143, § 10.
1829, 116.
R. S. 23, § 32.
1859, 252.
§14,5.
G. S. 38,
§§ 36, 40.
1871, 145.
P. S. 44,
§§ 46, 50.
E. L. 42, 5 49.
1919, 292, §9.
1920, 78.
145 Mass. 555.
234 Mass. 31.
236 Mass. 210.
Op. A. G.
(1920) 27.
[Penalty, § 34,]
SCHOOLHOUSES.
Section 68. Every town shall provide and maintain a sufficient num- 1
ber of schoolhouses, properly furnished and conveniently situated for 2
the accommodation of all children therein entitled to attend the pub- 3
lie schools. If the distance between a child's residence and the school 4
he is entitled to attend exceeds two miles, and the school committee 5
declines to furnish tran.sportation, the department, upon appeal of the 6
parent or guardian of the child, may require the town to furnish the 7
same for a part or for all of the distance. If said distance exceeds three 8
miles, and the distance between the child's residence and a school in 9
an adjoining town giving substantially equivalent instruction is less 10
than three miles, and the school committee declines to pay for tuition in 11
such nearer school, and for transportation in case the distance thereto 12
exceeds two miles, the department, upon like appeal, may require the 13
town of residence to pay for tuition in, and if necessary provide for 14
transportation for a part or for the whole of said distance to, such nearer 15
school. The school committee, unless the town otherwise directs, shall 16
have general charge and superintendence of the schoolhouses, shall keep 17
ClIAP. 71.] PUBLIC SCHOOLS. 869
18 them in good order, and shall, at the expense of the town, procure a suit-
19 able place for the schools, if there is no schoolhoiisc, and provide fuel
20 and all other things necessary for the comfort of the i)upils.
1 Section 69. The school committee shall provide for each school- ^°g'^f„|'e^*'°
2 house under its control, which is not otherwise supplied, a United States ^'J,';;;|^|i''°'*
3 flag of silk or bunting not less than four feet long, and suitable apparatus ^^"j^'tjj^-j ^^
4 for its display. The flag shall be displayed, weather permitting, on the ims. 229.
5 school building or grounds on every school day and on every legal holi- 1919; 84.'
6 day or day proclaimed by the governor or the president of the United
7 States for especial observance. On stormy school days, the flag shall
8 be displayed inside the building. Failure to comply with this section for
9 a period of five consecutive days by the principal or teacher in charge of
10 a school equipped as aforesaid shall be punished for every such period
1 1 by a fine of not more than five dollars. Failure of the committee to equip
12 a school as herein provided shall subject the members thereof to a like
13 penalty.
1 Section 70. A town mav, at a town meeting, determine the situa- situation of
2 tion of its schoolhouses.
1826, 143. § 10. G. S. 38, 5 37. 10 Gray, 40.
1829 116 P. S. 44. 5 47. 109 Mas.s. 206.
R. S. 23, §5 28, 32. R. L. 42, 5 51. 117 Mass. 384, 393.
1848, 237. 1921, 486, § 18. 137 Mass. 235.
1859, 232, § 4.
1 Section 71. For the purpose of promoting the usefulness of public pubUcuae
2 school property the school committee of any town may conduct such propcny,
3 educational and recreational activities in or upon school property under Bo^^on!"
4 its control, and, subject to such regulations as it may establish, and, }^}|; fly'Jao,
5 consistently and without interference with the use of the premises for ^jig^'lgj
6 school purposes, shall allow the use thereof by individuals and associa- lou. sssl
7 tions for such educational, recreational, social, civic, philanthropic and 234 Mass. 3i.
8 like purposes as it deems for the interest of the community. The use of
9 such property as a place of assemblage for citizens to hear candidates
10 for public office shall be considered a civic purpose within the meaning
11 of this section. This section shall not apply to Boston.
1 Section 72. The school committee mav prepare and sell lunches at LunAes for
,,,.,,. I, -'i 1 1 c ^ II- pupils and
2 one or more school buildmgs tor the pupils and teachers 01 the public teachers.
3 schools at such prices as it deems reasonable.
1913. 575, §1. 1919, 292, §§ 10,21.
1 Section 73. The superintendent of schools may, imless the commit- ^'°^'jj8 °/
2 tee votes otherwise, direct the closing of schools under his supervision teachers'
3 in order that teachers may attend a meeting of a county association of i9T9'"292, § 11.
4 teachers or an institute, conference, or convention held under the direc-
5 tion of the department.
1 Section 74. This chapter shall not afFect the right of any corpora- Management of
2 tion established in a town to manage any estate or funds given or ob- ly ?erta"in ^
3 tained for the purpose of supporting schools therein, or in any wise ^^XltS^
4 affect such estate or funds.
1826, 143, § 18. G.S. 38, 5 13. R. L. 42, § 52.
R. S. 23, 5 59. P. S. 44, § 18.
870
SCHOOL REGISTERS AND RETURNS.
[Chap. 72.
CHAPTER 72.
SCHOOL REGISTERS AND RETURNS.
Sect.
1. Commissioner of education to furnish
forms, etc.
2. Registration of certain minors. Private
schools to report certain enrolments,
etc.
3. Annual transmission of school returns,
etc.
4. Annual report of school committee.
.Sect.
5. Procedure upon failure to file report
and returns, or irregular returns.
6. Forfeitures by towns for failure season-
ably to file report and returns.
7. Penalty on committee for such failure,
etc.
8. School registers.
§2.
Commissioner
of education to
furnish forms,
etc.
1837, 241,
1838, 105,
§§5-7.
1845, 100.
1846. 223, § 3.
1849. 65.
S§ 1. 2; 209.
1850, 41.
G. S. 34,
§§3, 7; 40,
§§1.2.
P.S.41. §§3,7;
46, §§ 1,2.
1898. 496,
§§ 13-1.5.
R. L. 39, 5 6;
43, §§ 1, 2.
Registration of
certain minors.
Private schools
to report cer-
tain enrol-
ments, etc.
1846, 223, § 2.
1849, 117, I 1.
1855, 15.
G. S. 40, § 3.
1874, 303, § 1.
1879, 21.
P. S. 46,
§§3,4.
1898, 496, § 16.
1901, 289.
R, L. 43. § 3.
1914, 443, § 1.
1916, 102, 5 1.
1919, 350. § ,56.
1926, 188, " "
1931, 394,
§138.
§1.
Section 1. The commissioner of education shall prepare and send 1
forms for the registration of minors required by section two, the school 2
registers, blank forms for school returns required by section three, and 3
the annual report of the department of education, as soon as ready for 4
distribution, to the superintendent of schools of each town, who shall, 5
on receipt thereof, deliver them to the several persons charged with duties 6
in connection therewith, and send to the commissioner a list of the 7
private schools in such town and the names of their principals. If said 8
superintendent does not receive said' forms on or before July fifth, he shall 9
forthwith notify the commissioner who shall thereupon transmit them 10
to him. The commissioner shall also send the report of the department 11
to the chairman of each school committee. 12
1909, 457, §§2-4, 6. 1912, 368, §§ 1, 2. 1913,356. 1919, 350, § 57.
Section 2. The school committee of each town shall ascertain and 1
record the names, ages and such other information as may be required 2
by the department of education, of all minors residing therein between 3
five and sixteen, and of all minors over si.xteen who do not meet the 4
requirements for the completion of the sixth grade of the public schools 5
of the town where he resides. Whoever, in control of any such minor, 6
withholds information sought by a school committee or its agents under 7
this section or makes a fal.se statement relative thereto, shall be pun- 8
ished by a fine of not more than fifty dollars. Supervisors of attendance, 9
under the direction of the committee and superintendent of schools, shall 10
have charge of the records required by this section, shall be responsible 11
for their completeness and accuracy, and shall receive the co-operation 12
of principals, teachers and supervisory officers in the discharge of their 13
duties hereunder. A card, as prescribed by the department, shall be 1-4
kept for every child whose name is recorded hereunder. Supervisors of 15
attendance shall compare the names of children enrolled in the public 16
and private schools with the names of those recorded as required herein, 17
and examine carefully into all cases where children of school age are not 18
enrolled in, and attending school, as required by section one of chapter 19
seventy-six. 20
The annual school committee report shall set forth the number of 21
children recorded as IutcIm required, classified by ages, together with 22
the number attending jniblic or j)rivate schools, and the number not 23
attending school, in any given year. 24
The supervisory officers of all private schools shall, within thirty days 25
after the enrolment or registration of any child of compulsory school 26
Chap. 72.] school registers and returns. 871
27 age, report his name, age and residence to the superintendent of schools
2S of the town where the child resides; and whenever a child withdraws
29 from a private school, such officers shall, within ten days, notify said
30 superintendent.
1 Section .3. The superintendent of schools shall annually on or be- Annual
2 fore July thirty-first transmit the school returns to the commissioner, of school
3 signed and sworn to by him, containing the following information, i826,"i43, "§' 8.
4 together with any other information required by the commissioner in f§ ea.^w.
5 accordance with section one of chapter sixty-nine: \lll\ IqI] 5 e.
6 First. The number of persons between the ages of five and seven, \fl;l-'^-
7 the number between seven and fourteen, and the number between four- ism', 117, § 1.
8 teen and sLxteen, residing in the town October first last preceding the g.s:4o;
9 date of the certificate. Such information shall be collected during the ises, 142. § 2.
10 first two weeks of said October. p. s.'46, '
11 Second. The net average membership of the public schools of the llg%%g^
12 town for the school year last preceding the date of said certificate as \ffj*fl;
13 determined under section eight of this chapter and section five of chapter j^oO'i^s.
14 seventy. iliales
15 Third. The amount of money raised by taxation by the town, and §§3,'4. '
l(i expended during the fiscal year last preceding said date for the support }9}4:44l; 52.
17 of public schools, including the wages of teachers, and transportation of J^}6;?S2. §2.
18 children, or board in place thereof, fuel, the care of fires, schoolrooms m^f^'^-^^-
19 and -school premises, repairs, supervision, textbooks and supplies, and 1925,78,51.
20 school sundries or incidentals, but excluding alterations of school build-
21 ings, other than repairs, and construction of schoolhouses and contribu-
22 tions for, and reimbursements on account of, the support of public schools
23 from the commonwealth or from other sources than local taxation; and
24 the total expenditures, classified, for the public schools during the school
25 year last preceding said date.
26 Fourth. That the town has maintained during the school year last
27 preceding the said date each of its schools, as required by section one of
28 chapter seventy-one, for a period of not less than one hundred and sixty
29 days, or for what shorter period one or more schools have been main-
30 tained, if specifically exempted by the department.
31 Fifth. That the town has, during said school year, complied with said
32 chapter seventy-one in the matter of high school instruction, and the
33 number of days such schools were in session.
34 Before filing said school returns, the superintendent shall submit
35 them to the chairman of the school committee, who shall countersign
36 them on oath, if, after examination, he finds them correct.
1 Section 4. The committee shall annually make a detailed report of oSooiTm-
2 the condition of the public schools, containing such statements or sug- 5"8'^^';''io3, § 1.
3 gestions relative thereto as it considers necessary or proper. It shall i|*6. 223, § 4.
4 cause said report to be printed, for the use of the inhabitants, in octavo, g|*°'||-
5 pamphlet form, of the size of the annual reports of the department. The r. l. 43, § 6.
6 superintendent of schools shall transmit two copies thereof to the com- n o'l-ay^Mo^'
7 missioner on or before April thirtieth, and shall deposit one copy in the ^°^ ^^^'^- "^•
8 office of the town clerk.
1 Section 5. If a superintendent of schools fails, within the prescribed u^'^fa'iiure
2 time, to make both the returns and the report required by law, the com- *n|re[u™f
3 missioner shall forthwith notify the chairman of the school committee °^V^'2"''"'
872
SCHOOL REGISTERS AND RETURNS. STATE NORMAL SCHOOLS. [ChAPS. 72, 73.
1853, 93,
a 1.2.
G. S. 40,
l§ 7, 8.
P. S. 46,
§§9. 10.
Forfeitures by
towns for
failure season-
ably to file
report and
returns.
1855. 93, § 3.
1859, 238.
G. S. 40, § 9.
P. .S. 46, § 11.
1898, 496, § 21
R. L. 43, § 9.
1912, 368, § 8.
Penalty on
committee
for such
failure, etc.
thereof, and he shall immediately transmit the same to him. If a return 4
is found to be irregular or incorrect, the commissioner shall forthwith 5
return it for correction, with a statement of all deficiencies therein, to 6
the committee or its agent, who shall promptly correct and return it. 7
1898, 496, § 20. R. L. 43, §§ 7, 8. 1912, 368, §§ 6, 7.
Section 6. A town whose report and returns do not reach the office
of the commissioner on or before August fifteenth shall forfeit ten per
cent of the sum to which it would otherwise be entitled under Part II
of chapter seventy; if they do not reach said office before September
first, the entire sum shall be retained by the state treasurer and added
to the principal of the school fund, or if the town is not entitled to any
payment under said chapter, it shall forfeit to said fund two hundred
dollars. For cause, the commissioner may grant an extension of time to
anv town.
Section 7. A town suffering such a forfeiture through the default 1
of its school committee may withhold the compensation of the committee. 2
1847, 183, § 2.
1848, 173.
G. S. 40. § 12.
P. S. 46, § 14.
R. L. 43, § 10.
School
registers.
1838, 105. 5 6.
1849, 209.
G. S. 40,
§§5,13.
P. S. 46,
§§6,15.
1891, 99.
1898. 496,
§§ 18, 19.
R. L. 43,
§§5, II.
1912, 368,
§1 4. 9.
2 Allen, 592.
Section 8. The school committee shall cause school teachers to
faithfully keep the registers of attendance daily, and make due return
thereof to the school committee or to such person as it may designate.
No teacher shall receive payment for the two weeks preceding the -close
of any term until the register, properly filled up and completed, is so
returned. All registers shall be kept at the schools, and at all times
during school hours shall be open to the inspection of the committee, the
superintendent, the attendance officers, and the commissioner and agents
of the department. In computing the average membership a pupil's
name shall be omitted when and only when it is known that he has with-
drawn from the school without intention of returning, or has been absent 1 1
ten consecutive school days; but the foregoing method of computation 12
shall not aft'ect proceedings against habitual truants, absentees or school 13
offenders, or other persons, under section one of chapter seventy-six or 14
under sections three, four and five of chapter seventy-seven. A pupil 15
who is not present during at least half of a session shall be marked and 16
counted as absent for that session. 17
1
2
3
4
5
6
7
8
9
10
CHAPTER 73.
STATE NORMAL SCHOOLS.
Sect.
1. Management of state normal srhooLs.
2. Agricultural education at North
Adams normal school.
Agreements as to certain practice and
model schools.
Bonds of principals of normal schools.
Management
of state normal
schools.
3.
4.
Sect.
4A. Leave of absence to certain teachers.
5. State aid to students at normal
schools.
6. Non-resident students may be re-
ceived in normal schools.
7. Degrees.
Section 1. The department of education, in this chapter called the 1
department, shall have general management of the state normal schools 2
Chap. 73.] state normal schools. 873
Sat Barnstable, Bridgewater, Fitchburg, Framingham, Lowell, North ism. ^2,^5 r
4 Adams, Salem, Westfield and Worcester, and the Massachusetts school of isto! urn; i'l.
5 art at Boston, wherever said schools may be hereafter located, and of any isso! 223.'
6 other state normal schools hereafter established, and of boarding houses fgJI, 33a ^^'
7 connected therewith, and may direct the expenditure of money appro- js«9; ^^^ f^
8 priated for their maintenance.
1893 Kea 91. R. h. 39. § 10. 1919, 3b0, §§ 56-58.
1804. 4.57. 1912. 79. 1926, 6.
1895, 345. 1914, 781.
1 Section 2. The department may provide for agricultural education AgncuUurai
2 in the state normal school at North Adams. North Adams
normal school.
1908, 257, § 1.
1 Section 3. North Adams, Fitchburg, Lowell and the town of Barn- Agreements as
2 stable shall each make written agreements with the department to pro- p°a|tic^'and
3 vide suitable and sufficient school buildings and model and practice TwiJ^r^'
4 schools in connection with the training departments of state normal figg'/iss.
5 schools therein. The department may, if requested by towns near state fg^\- s^^ § "•
6 normal schools, make written agreements with such towns for the main- §gi7jj.^
7 tenance of practice schools therein in connection with such state normal 1920] 2.
8 schools, and may provide for the payment of part of the compensation
9 of supervising teachers employed in such practice schools. This section
10 shall not prevent the establishment and maintenance of model, practice,
11 or training schools in connection with state normal schools, with or
12 without the co-operation of local school authorities. All money
13 payable by towns under such agreements shall be paid to the common-
14 wealth.
1 Section 4. Principals of state normal schools shall give bonds in E°U^?°|g^,f
2 such penal sums as the comptroller may prescribe, conditioned on the normal schools.
3 faithful performance of their duties.
1912 79 1921. 486. § 19. 259 Mass. 310.
1917, 18. 1923, 362, § 60.
1 Section 4A. A teacher in a state normal school who has served as Leave of
2 such in the state normal schools for at least seven years after entering len^m "
3 such service or, if a leave of absence has previously been granted to ilso.Yss.
4 him hereunder, after the termination of the last such leave may, upon
5 written recommendation of the principal of the school wherein he is
6 employed, be granted by the commissioner of education a leave of ab-
7 sence, for study and research, for a period of one year at half pay or for
8 a period of a lialf year at full pay for such period; provided, that prior
9 to the granting of such leave said teacher shall enter into a written
10 agreement with the department that upon the termination of such leave
11 he will return to the state normal school service and serve as a teacher
12 in the same or another state normal school for a period equal to twice
13 the length of such leave and that, in default of completing such service,
14 he will refund to the commonwealth, unless excused therefrom by the
1.5 department for reasons satisfactory to it, an amount equal to such pro-
16 portion of the salary received by him while on leave as the amount of
17 service not actually rendered as agreed bears to the whole amount of
18 service agreed to be rendered.
874
STATE NORMAL SCHOOLS. VOCATIONAL EDUCATION. [ChAPS. 73, 74.
State aid to SECTION 5. The department may annually expend, in semi-annual 1
normal schools, payments, not more than four thousand dollars in aiding students in 2
1853, Res. 62. ,•',,, o
1876, Rea. 47. state normal schools. o
1918, 257, § 169. 1919, 5. 1920, 2.
Non-re^sWent SECTION 6. Upon payment of tuition fees the department may receive 1
be received students not residents of the commonwealth in state normal schools. 2
in normal
schools. 1902, Res. 65.
Degrees.
1921, 92.
1922, 274.
Section 7. The department may grant the degree of Bachelor of 1
Education or of Bachelor of Science in Education to any person com- 2
pleting a four-year course in a Massachusetts state normal school. 3
CHAPTER 74.
VOCATIONAL EDUCATION.
Sect.
vocational schools.
1. Definitions.
2. Powers of commissioner.
3. Establishment by towns. Trustees
for vocational education.
4. District vocational schools. District
trustees.
5. Organization, administration and
support of district vocational
schools.
6. Advisory committees.
7. Admission of non-resident pupils.
7A. Tuition of state and city wards, how
paid.
8. Liability for tuition of non-resident
pupil.
8A. Transportation of pupils attending
outside schools. Payment, reim-
bursement.
9. State reimbursement for maintenance
of certain schools.
10. State reimbursement for certain tu-
ition fees.
11. State reimbursement of certain
counties and cities.
12. State reimbursement for m.aintenance
of agricultural departments in
high schools.
13. Day, part time and evening classes.
14. Practical art classes.
15. Schools for gardening, poultry raising,
etc.
16. Advertisement of purptwe of school.
17. Taking or leasing of land for schools.
Erection of buildings, etc.
18. Classes for training teachers in con-
tinuation or vocational schools.
19. Co-operation with federal vocational
educational board.
.Sect.
20. State treasurer to be custodian of
certain funds. Expenditure of fed-
eral funds for vocational rehabili-
tation.
21. Expenditure of federal funds for vo-
cational education.
22. Powers of commissioner in disposal
of federal funds for vocational
education.
22.\. State board for vocational education,
duties relative to vocational re-
habilitation.
22B. Same subject. Aid during rehabili-
tation. Investigation of appli-
cants.
23. Independent industrial shoemaking
school of the city of Lj'nn. Trus-
tees. Maintenance.
24. Smith's agricultural school. Super-
intendents.
COUNTY AGRICULTURAL SCHOOLS.
25. Certain count.v agricultural schools
to be approved vocational schools.
26. Appointment of trustees. Tenure.
27. Trustees to serve without compensa-
tion. Expenses to be paid.
28. Annual estimates of expense of
maintenance.
29. Amounts to be raised by taxation.
30. Disposition of income from tuition,
etc.
31. Certain schools may receive and use
gifts.
32. Non-residents to be admitted.
33. Free tuition to residents of certain
counties.
34. Special provisions as to Bristol county
agricultural school.
Chap. 74.]
VOCATIONAL EDUCATION.
875
Sect
35.
36.
37.
38.
Character of instruction in certain
schools.
Short unit courses in certain schools.
Special duties of teachers in certain
schools.
[Repealed.]
THAINING AND INSTRUCTION OP DISABLED
SOLDIERS AND SAILORS.
39. [Repealed.)
40. [Repealed.]
41. Lease of hospitals, etc., to United
States for certain purposes.
TEXTILE SCHOOLS.
42. Certain textile schools to be state
institutions.
43. Trustees may hold property in trust.
44. Annual report.
45. Insurance.
46. Rate of tuition for non-resident
pupils.
46A. Tests authorized. Fees, etc.
Sect.
lowell textile institute.
47. To be state institution.
47A. Trustees may accept, etc., property.
47B. Annual report.
47C. Insurance.
47D. Rates of tuition.
47E. Degrees.
47F. Lowell Evening Textile School.
47G. Tests authorized. Fees, etc.
48. Lowell may provide scholarships.
49.
50.
51.
52.
53.
NAUTICAL SCHOOL.
Commissioners to provide and main-
tain a nautical school.
Commissioners may receive vessels
from the United States.
Advance to nautical school for
cruises.
Nautical schools.
Annual report.
1
2
3
4
5
6
VOCATIONAL SCHOOLS.
Section 1. The following words, as used in this chapter, shall have
the following meanings unless the context otherwise requires:
"Agricultural education", vocational education fitting pupils for oc-
cupations connected with agriculture, the care of domestic animals,
forestry and other wage earning or productive work on farm land.
"Approved", approved by the commissioner of education as to organ-
7 ization, control, location, equipment, courses of study, qualifications of
8 teachers, methods of instruction, conditions of admission, employment
9 of pupils and expenditures.
10 "Commissioner", the commissioner of education.
11 "Evening class", in an industrial school, a class giving instruction for
12 pupils employed during the working day, and which, to be called voca-
13 tional, must deal with and relate to the day employment, subject, how-
14 ever, to section one of chapter two hundred and six of the General Acts
15 of nineteen hundred and eighteen.
16 "Household arts education", vocational education fitting pupils for
17 occupations connected with the household.
18 "Independent agricultural school", either a distinctive organization
19 of courses, pupils and teachers designed for agricultural education, or a
20 separate agricultural department in a high school, offering as elective
21 work education in agriculture approved as vocational.
22 " Independent household arts school ", a vocational school for develop-
23 ing capacity for cooking, housework and other domestic occupations.
24 "Independent industrial, agricultural or household arts school", an
25 approved distinctive organization of courses, pupils and teachers for all
26 the tA-pes of vocational education herein defined.
27 " Industrial education", vocational education fitting pupils for trades,
28 crafts, and manufacturmg pursuits, including occupations of girls and
29 women in workshops.
30 "Net maintenance sum", the total sum raised by taxation and ex-
31 pended for maintaining approved local or district independent industrial
Definitions.
1911, 471,
§§ 1,8.9.
1912. 106.
1915, 266.
1918, Sp. 151,
§3.
1919, 292,
§§ 14, 15.
876
VOCATIONAL EDUCATION.
[Chap. 74.
and household arts schools and independent agricultural schools, other 32
than departments in high schools, less the amount of tuition claims, paid 33
or not, and receipts from the labor of pupils and sale of products; pro- 34
vided, that in the case of Smith's agricultural school there shall be 35
added to the sum raised by local taxation the simi annually received by 36
the city of Northampton from the Smith charities and expended for the 37
maintenance of the school. 38
"Part time class", a vocational class in an industrial, agricultural, or 39
household arts school for pupils giving part of their working time to 40
profitable employment, and part to the class when in session, if the 41
instruction so received is complementary to the employment. 42
"Practical art class", a separate day or a separate evening class in 43
household and other practical arts. 44
"Vocational education", education of which the primary purpose is to 45
fit pupils for profitable employment. 46
Powers of
commissioner.
1906, 505, § 2.
1911, 471,
§§2, 11.
Section 2. The commissioner shall investigate and promote indus-
trial, agricultural and household arts education, and initiate and super-
intend the establishment and maintenance of schools for the aforesaid
forms of education. He shall supervi.se and approve such schools as
provided in sections one to thirty-se\-en, inclusive.
Establishment
by towns.
Trustees for
vocational
education.
1872, 86.
P. S. 44, § 8.
Section 3. Towns may, through school committees or boards of 1
trustees elected for not more than five years, and known as local trustees 2
for vocational education, establish and maintain independent industrial, 3
agricultural and household arts schools. 4
R. L. 42, § 10.
1906, 505, §§3,8.
1908, 572, § 3.
1911, 471, §§4. 11.
District
vocational
schools. Dis-
trict trustees.
1906, 505, § 4.
1911, 471,
§5 5.11.
Section 4. Independent industrial, agricultural and household arts
schools may be established and maintained by districts composed of two
or more towns, through boards to be known as district trustees for vo-
cational education, consisting either of the chairman and two other mem-
bers of the school committees of each town, to be appointed by such
committees, or of three residents of each, to be elected by the towns.
Orfranization.
administration
and support of
district voca-
tional schools.
1911,471, §5.
Section 5. District trustees under the preceding section shall adopt,
for one year or more, plans of organization, administration and support
of such schools, which shall be binding on the towns made parties thereto,
and shall not be altered or annulled except by two thirds votes of such
trustees, with the consent of the commissioner.
Advisory
committees.
1911, 471. §6.
Section 6. Local and district trustees for vocational education, ad-
ministering approved industrial, agricultural or household arts schools,
shall, under a scheme approved by the commissioner, appoint advisory
committees composed of representatives of local trades, industries and
occupations, which shall consult with and advise the trustees or other
officials managing and supervising such schools.
Admission of
non-resident
pupils.
1908, 572. § 4.
1911, 471,
§§7, 11.
1919. 291 (ff).
4 0p. A. G. 166.
Section 7. Residents of towns in the commonwealth not maintain- 1
ing approved independent industrial, agricultural or household arts 2
schools offering the type of education desired, or children placed in such 3
a town by the commissioner of public welfare or by the trustees of the 4
Massachusetts training schools, may, in the sole discretion of the com- 5
Chap. 74.] vocational education. 877
6 missioner, be admitted to a school in another town. In making his de-
7 cision, the commissioner shall take into consideration the opportnnitics
8 for free vocational training where the applicant resides, the financial
9 status of such place, the age, sex, preparation, aptitude and previous
10 record of the applicant, and other relevant circumstances.
1 Section 7A. For the tuition in an approved vocational school of any Tuition of
2 town or county of any child over fourteen years of age placed in such wardathow ^
3 town or county by the department of public welfare or by the trustees '1927; ss.
4 of the Massachusetts training schools or by the child welfare division of
5 the institutions department of the city of Boston, the commonwealth or
6 the city of Boston, as the case may be, shall pay to said school the tuition
7 fee established by the commissioner.
1 Section 8. A town where a person resides who is admitted to the Liability for
2 school of another town under section seven shall pay a tuition fee to be non-resident
3 fixed by the commissioner, and in default of payment shall be liable there- i'908,'572, § 4.
4 for in contract to such other town.
1911, 471, §§ 7, 11. 1912, 587, § 5. cl. 2. 1931,426,5 72.
1 Section 8A. A town where a person resides who is admitted to a Transportation
2 school in another town under section seven, and in which a public high attending out-
3 school offering four years of instruction is not maintained, shall, through Paymen't?''''
4 its school committee, when necessary, provide for the transportation of 5923''29'9™'^'"'
5 such person under the same conditions and subject to the same limita- i927, 201.
6 tions as to cost, and shall be entitled to the same amount of state reim-
7 bursement, as is provided in sections sLx and seven of chapter seventy-
8 one in the case of a person attending a public high school in a town other
9 than that of his residence; provided, that such a town where a child is
10 placed by the department of public welfare or by the trustees of the
11 Massachusetts training schools who is admitted as aforesaid to a school
12 in another town shall similarly provide for the transportation of such
13 pupil to such school under the same conditions and subject to the same
14 limitations as to cost as aforesaid and shall be entitled to state reimburse-
15 ment to the full e.xtent of the amounts so expended.
1 Section 9. The commonwealth shall annually pay one half the net state reim-
2 maintenance sum to towns maintaining approved local or district inde- nSrt'e'nance^of
3 pendent industrial, agricultural or household arts schools, except agri- ''iMe^'xid!^^-
4 cultural departments in high schools.
1909, 540. 1911, 471, § 9. c!. 1, § 11.
1 Section 10. The commonwealth shall reimburse towns paying fees state reim-
2 under section eight for tuition in agricultural departments in high fo'^certl^n
3 schools to the same extent as is provided by chapter seventy-one in the i9n°47i^^'
4 case of towns paying fees for tuition in public high schools, but in no i9^i'2''5|7,
5 event less than one half the amount so expended, and shall reimburse lg{g''^29i (g)
6 towns so paying fees for tuition in other vocational schools one half the i923. 364.
7 amount so expended; provided, that in any event the commonwealth
8 shall reimburse towns paying such tuition fees for children placed therein
9 by the commissioner of public welfare or the trustees of the Massa-
10 chusetts training schools for the whole amount so expended.
878
VOCATIONAL EDUCATION.
[Chap. 74.
state reim-
bursement
of certain
counties
and cities.
1912, 566, § 3;
5S7, §§3, 4.
Section 11. The counties of Bristol, Essex and Norfolk, and the 1
cities of Lynn and Northampton shall, so long as their respective schools 2
are approved, be reimbursed by the commonwealth as are towns under 3
section nine. 4
1914, 719, § 1.
1915, 189, § 8.
1916, Sp. 174, § 5.
1917, 176, § 1.
1918, Sp. 151, § 1.
State reim-
bursement for
maintenance
of agricultural
departments
in higii
sctiools.
Section 12. The commonwealth shall pay to towns maintaining 1
approved local or district independent agricultural schools consisting 2
only of agricultural departments in high schools two thirds of the salary 3
of the instructors therein. 4
1911,471. §9, cl. 2.
1917. 61, § 1.
Day, part time
and evening
1911,471, § 3.
1917, 215, § 5.
1918, 206, § 2.
1919, 292, § 16.
227 Mass. 44,
Section 13. Independent industrial, agricultiu-al and household
arts schools may offer instruction in day, part time and evening classes.
Attendance upon such day or part time classes shall be restricted to those
over fourteen years of age; and upon such evening classes, to those over
sixteen years of age.
Practical art
classes.
1912, 106.
1915, 266.
1917, 215, § 5.
Section 14. Towns may, through school committees or trustees 1
for vocational education, establish and maintain household and other 2
practical art classes. If day classes only, or evening classes only, are 3
established, they shall be open to women over sixteen years of age; if 4
both day and evening classes are established the day classes shall be open 5
only to women over said age, and the evening classes shall be open only 6
to women over sixteen years of age employed during the day. Such 7
classes may be established and maintained as approved state aided prac- 8
tical art classes under sections one to twenty-two, inclusive, so far as 9
not inconsistent therewith. 10
Schools for
gardening,
poultry
raising, etc.
1916, 185, § 1.
1918, 257,
§ 183.
1919, 5.
1920, 2.
Section 15. Cities may establish and maintain schools for instruct- 1
ing families and individuals in day, part time or evening classes in 2
gardening, fruit growing, floriculture, poultry raising, animal husbandry, 3
and other branches of agriculture and horticulture. The location and 4
organization thereof and the instruction given therein shall be subject 5
to the approval of the commissioner. 6
of^'^ur'osr''"' Section 16. Before action taken under the preceding section, school 1
j^schooL ^ committees shall circulate a description of the purposes and scope of the 2
instruction to be given thereunder, and request applications for such 3
instruction. 4
Taking or
leasing of land
for schools.
Erection of
buildings, etc.
1916, 185, § 3.
Section 17. Boards or officers having power to take land for school 1
purposes in cities may take, by eminent domain under chapter seventy- 2
nine, land therein not already appropriated to public use, or lease or 3
purchase land either within or without the city limits, for the purposes 4
of section fifteen. A school committee may erect suitable buildings on 5
land so acquired, and provide, on terms not involving loss to the city, 6
for the use of plots of ground and for the temporary housing of pupils 7
complying with its regulations and not having access to other land 8
suitable for proper instruction. 9
Classes for
training
teachers in
Section IS. With the api)roval of the commissioner, towns or di.s- 1
tricts through school committees or trustees for vocational education, 2
Chap. 74.] vocational education. 879
3 may establish classes for training teachers for continuation schools, or continuation
4 vocational schools established under sections one to twenty-two, inclu- schooia. °
5 sive, which classes shall be subject to said sections, so far as consistent ^^^*' "*'^^^-
6 herewith. The commissioner may establish and maintain classes for
7 training such teachers.
1 Section 19. The commissioner shall co-operate with the federal wHh^eSr'aT
2 board for vocational education in the administration of the act of con- Xradonii
3 gress, approved PVbruary twenty-third, nineteen hundred and seventeen, ^(^j'^'^gij 5 2
4 relating to vocational education in agriculture, trades and industries,
5 and secure for the commonwealth the benefits thereof.
1 Section 20. The state treasurer shall be custodian of funds allotted to state treas-
2 the commonwealth from appropriations made under the acts of congress custodian of
3 mentioned in the preceding section and in section six A of chapter fifteen. ExpelTdhurl'''
4 The funds so allotted from appropriations under the act of congress men- f^^'^sYof
5 tioned in said section six A shall be expended, without specific appro- voj'ationai
IP, .- II rehabilitation.
6 priation, under the order or the approval 01 the commissioner and the 1917, 215, § 3.
7 ad\'isory board of education, constituting the state board for vocational
8 education.
1 Section 21. Subject to the following section, the funds received under Expenditure of
2 said act of congress mentioned in section nineteen shall be paid out, on for"ocationai
3 requisition of the commissioner, as reimbursement for expenses already igi7|'2i5,' § 4.
4 incurred, to approved schools and classes entitled to receive them under i^-^' *62, § 4.
5 said act.
1 Section 22. The commissioner may use the funds received under Powers of
2 said act of congress mentioned in section nineteen as supplementary to l^n diTpoTarof
3 state aid for salaries of teachers of vocational subjects in schools comply- for "ocationai
4 ing therewith. He may also use such funds (1) for salaries of teachers i9"7|'2T5; § 4.
5 giving types of training selected by him as especially needing stimulus; 1921,462, 55.
6 or, (2) for courses for the preparation of teachers of vocations selected
7 by him; or, (3) to arrange with schools and colleges to give the proper
8 tj-pes of training to teachers of vocations under his supervision; or, (4)
9 to enable local school authorities to conduct, under his supervision,
10 classes for the training of vocational teachers. Such payments shall be
11 subject to conditions prescribed by him.
1 Section 22A. The state board for vocational education, established fof vocational
2 by section six A of chapter fifteen, is hereby directed to co-operate with d'i"|"J's'i.°i'ative
3 the federal board for vocational education in carrving out the provisions to vocational
. „ , „ ..... . '. ^ IT, ^ rehabilitation.
4 01 the act 01 congress mentioned in said section six A; to establish and 1921,462, §6.
5 maintain, or to assist in establishing or maintaining, such courses of
6 vocational training as it may deem advisable and necessary for the voca-
7 tional rehabilitation of persons disabled in industry or otherwise; to
8 grant federal funds in its control, subject to conditions prescribed by it,
9 as money supplementary to state aid, in the maintenance of vocational
10 rehabilitation courses in schools or institutions supported wholly or in
11 part by the commonwealth; to establish and maintain under its super-
12 vision such courses as it may deem advisable for the preparation of in-
13 structors of vocational rehabilitation courses; to appoint such agents
880
VOCATIONAL EDUCATION.
[Chap. 74.
and assistants as may be necessary to administer the provisions of this 11
section and said act of congress in this commonwealth; to fix tlie compen- 15
sation of such agents and assistants and to direct the disbursement and 16
administer the use of all funds provided by the federal government and 17
this commonwealth for the vocational rehabilitation of such persons, 18
and in conjunction with the department of industrial accidents to formu- 19
late a plan of co-operation in accordance with the provisions of said act 20
of congress, such plan to become efl'ective when approved by the governor. 21
Same subject.
Aid during
rehabilitation.
Investigation
of applicants.
1923, 434.
Section 22B. Said state board for vocational education may expend, 1
under rules and regulations made by it and approved by the governor and 2
council, such sums, not exceeding ten thousand dollars, as may be annu- 3
ally appropriated therefor, for the purpose of furnishing aid during re- 4
habilitation to such persons as it shall deem able to profit by training. 5
The department of public welfare shall, upon request of said board, 6
make an investigation of the circumstances of persons, actually in train- 7
ing afforded by said board, who apply for aid during rehabilitation under 8
the provisions of this section, and shall make a report of its findings to 9
said board. 10
Independent
industrial
shoemaking
school of the
city of Lynn.
Trustees.
Maintenance.
1916, Sp. 174,
§§ 2, 3, 5.
Section 2.3. The independent industrial shoemaking school of the
city of Lynn, established under chapter one hundred and seventy-four
of the Special Acts of nineteen hundred and si.xteen, shall be maintained
by the city of Lynn as a state aided approved vocational school under
and subject to sections one to twenty-two, inclusive; provided, that the
trustees of said school shall consist of the mayor of Lynn, ex officio, and
eight appointive members who shall be residents of Lynn and of whom
two shall represent the laboring class. Two appointive members shall 8
annually be appointed by the governor, with the advice and consent of 9
the council, for terms of four years and until their successors are cjualified. 10
The trustees shall serve without compensation, but shall be reimbursed 11
for their necessary expenses, to be charged and paid as maintenance. 12
The trustees may determine the situation of said school, subject to 13
the approval of the commissioner, and may expend annually for rent of 14
suitable floor space for the school a sum not exceeding six thousand dol- 15
lars until such time as it is deemed expedient to purchase, construct or 16
alter a building for the use of the school. After the said school is estab- 17
lished and equipped the city of Lynn shall annually raise by taxation 18
such sums as may be needed for its maintenance and operation. 19
Smith's agri-
cultural school.
Superin-
tendents.
1918, Sp. 151,
§§1.2.
1920, 14; 611.
Section 24. Smith's agricultural school, established under chapter 1
one hundred and fifty-one of the Special Acts of nineteen hundred and 2
eighteen, shall be maintained by the city of Northampton as a state 3
aided approved vocational school under and subject to sections one to 4
twenty-two, inclusive; provided, that the superintendents of said school 5
shall consist of the mayor and superintendent of schools of said city, C
ex officiis, and three other superintendents to be elected by said city 7
annually at its city election by ballot, as provided in the will of Oliver 8
Smith, and that said superintendents shall have the powers of local 9
trustees elected under section three. 10
Chap. 74.] vocational education. 881
COUNTY agricultural SCHOOLS.
1 Section 25. The Bristol county agricultural school, the Essex Certain
2 county agricultural school and the Norfolk county agricultural school agriJuu
3 shall be maintained as state aided, approved, independent vocational aTOrowd
4 schools under sections one to twenty-two, inclusive, subject to sections ^t'oois.""'
5 twenty-six to thirty-seven, inclusive.
1912, 566, §§1,3: 1914, 719, § 1. 1917, 176, § 1; 247, § 1.
-587,55 1,4. 1915, 189, 55 2, 4. 1924,281.
county
ural
'hools to be
1 Section 26. There shall be a board of trustees for each of the schools Appointmrat
2 enumerated in the preceding section. The boards of trustees for the Tenp'e.''^^'
3 Bristol county agricultural school, the Essex county agricultural school ll7%^i. ' '
4 and the Norfolk county agricultural school shall each consist of the 19}?; {?1; ^ ^■
5 county commissioners, ex officiis, and four residents of the county, ap- fl^iVgi.
6 pointed by tlie governor, with the advice and consent of the council, Op.^A. g.
7 for four years. The term of one appointive trustee in each county shall
8 expire each year.
1 Section 27. The trustees provided for in the preceding section shall Z?ve"!thlnt
2 serve without compensation, but shall be reimbursed for their necessary |™^P^°e'f^°°-
3 expenses, to be charged and paid as maintenance. '■e pa'd-
1912, 566, 5 1; 587, 5 1. 1915, 189, 5 2. 1924, 281.
1 Section 28. Annually on or before December fifteenth the trustees Annual
.... r. I Ti • 1a A* estimates of
2 of the schools mentioned m section twenty-fave shall, in consultation expense of
3 with and with the approval of the commissioner, prepare estimates of the igT",'!^??^.
4 amounts necessary to equip and maintain their respective schools for JgJslIsgJe;
5 the ensuing year. The amounts of such estimates shall be included by \fli"-
6 the respective county commissioners in the estimates required by section i924, 28i.
7 twenty-eight of chapter thirty-five.
1 Section 29. If any part of the amount estimated under the preced- ^a"Tby *° ''^
2 ing section shall be authorized as part of the county taxes, the respective i|i|f sgg, § 4.
3 counties shall raise the said amounts by taxation.
1914, 544; 719, 5 2. 1917, 247, §§ 3, 6. 1930,400,5 4.
1915, 189, § 6. 1924, 281. 1931, 301, § 16.
1 Section 30. Miscellaneous income of the Bristol county agricul- Pi,'P„°ff'ron°*
2 tural school, the Essex county agricultural school and the Norfolk county •i^'i';^';"^^^^''^ 5,
3 agricultural school, including the tuition of non-resident pupils and ^^^2' ^^^ ^ ^
4 receipts from the sale of products and work of pupils, shall be paid to the 1915! 189! 5 7!
5 county treasurer, to be applied to maintenance.
1917, 176, 5 1; 247, §§ 1, 4. 19.30. 400, § 4.
1924, 281. 1931, 301, 5 17.
1 Section 31. The Bristol county agricultural school and the Norfolk ^^"^^^1^^°°^^
2 county agricultural school may receive and use gifts deemed by the and use gifts
■ . .. . ...1.1 iij? 191o, 189, § 6.
3 trustees and the commissioner consistent with the purposes thereoi. 1917, 247.
1924, 281. ^^ '• ^■
1 Section 32. Any resident of the commonwealth over fourteen years Non-residents
... . , p .... . to be admitted.
2 of age who resides in any town outside 01 a county in which a county 1912. see, § 5;
3 agricultural school is located may be admitted to such school on the 1915, isg, § 9.
4 conditions prescribed in sections seven, eight and ten.
1917, 247, 5 5. 1919, 292, § 16. 1924, 281.
882
VOCATIONAL EDUCATION.
[Chap. 74.
toresWents SECTION 33. Thc Bristol county agricultural school, the Essex 1
of certain couiity agricultural school and the Norfolk county agricultural school 2
I9i2,"le6, § 5; shall be free to residents of Bristol, Essex and Norfolk counties, respec- 3
1915M9. § 9. tively, over fourteen years of age, except that in the Bristol county 4
247!^'§u,'5.^' agricultural school and the Norfolk county agricultural school free 5
1924; III'. ^ ^^' attendance shall be limited by the capacity of the courses provided for (5
such schools. '
Special pro-
visions as to
Bristol county
agricultural
school.
1912, 566. § 5.
1917, 247. § 1.
1924, 281; 418.
Section 34. The trustees of the Bristol county agricultural school 1
may, with the approval of the commissioner, permit pupils with limited 2
educational preparation to enter for a special course in horticulture, fruit 3
growing or dairy farming. Said trustees may from time to time pro- 4
vide instruction in such of the types of vocational education described in 5
sections one to twenty-two, inclusive, as they may deem advisable and 6
as the commissioner may approve, in addition to the instruction author- 7
ized herein and in sections thirty-five, thirty-six and thirty-seven. 8
Character of
instruction
in certain
schools.
1914, 719, 5 1.
191.5, 189. § 5.
1917, 176, § 1;
247, §§ 1, 2.
1924, 281.
Section 35. The Bristol county agricultural school and the Nor-
folk county agricultural school shall provide instruction in agriculture
and, at a time approved by the commissioner, in household arts or home-
making. The Essex county agricultural school may establish, equip and
maintain, with the approval of the commissioner, an independent house-
hold arts school.
Short unit
courses in
Section 36. Short unit courses may be given at the Bristol county 1
cerTaTn schools, agricultural school, the Essex county agricultural school and the Norfolk 2
§§^2,' 5.*^' county agricultural school, and elsewhere in the respective counties. 3
1917, 176, §§ 1, 2; 247, §§ 1, 2. 1924, 281.
Special duties
of teachers
in certain
schools.
1915, 189,
§§2, 5.
1917, 176,
§§ I, 2; 247.
§U, 2.
1924, 281.
Section 37. Members of the staffs of the Bristol county agricul- 1
tural school, the Essex county agricultural school and the Norfolk county 2
agricultural school shall investigate farm and market conditions for the 3
purpose of advising individuals and organizations as to business methods 4
among farmers, and satisfactory methods of marketing farm products, 5
shall instruct in the formation of co-operative enterprises, and shall per- 0
form other work calculated to promote the agricultural or rural develop- 7
ment of the respective counties. Members of such staffs shall keep in 8
touch with, and avail themselves of, agencies in the commonwealth or 9
elsewhere that will enable them to utilize the latest and best knowledge 10
and practice in the furtherance of their work. H
Section 38. [Repealed, 1931, 426, § 197.]
training and instruction of disabled soldiers and sailors.
Section 39. [Repealed, 1931, 426, § 7.]
Section 40. [Repealed, 1931, 426, § 7.]
Lease of
hospitals, etc.,
to United
States for
rertain
purposes.
1018, 230, S 5.
1931, 426, §8.
Section 41. The governor, with the adviee and consent of the coun-
cil, may lease to, or permit to be used by, the United States or any de-
partment, bureau or agency thereof, any state hospital, school or work-
shop, and its premises and equipment, or any other suitable resources
Chap. 74.] vocational education. 883
5 belonging to the commonwealth, to enable the United States to re-
6 educate and rehabilitate in industry any soldiers and sailors in the service
of the United States or its allies.
1895, 475, § 1.
1902, 120.
1899, 299, § 1.
1917, 45.
R. L. 125, §§8, 20.
TEXTILE SCHOOLS.
1 Section 42. The New Bedford textile school and the Bradford Dur- Certain textile
2 fee textile school of Fall River shall be maintained by tlie common- 'tatTln'" ''"
3 wealth for the purpose of giving instruction in the theory and practical f895!475; § i.
4 art of textile and kindred branches of industry.
1899, 299. § 1. 1918, 246. § 1; 1928, 135, § 4.
R. L. 125, § 20. 248, § 1; 274. § 1.
1 Section 43. The board of trustees of each of said schools shall be Trustees may
2 a corporation for the purpose of taking by gift, bequest or devise any in trus™""'*^
3 real or personal property.
1918, 246, § 2; 248. § 2; 274, § 2.
165 Mass. 419.
1 Section 44. The commissioner shall make an annual report as to Annual report.
2 each such school, containing a concise statement as to its buildings, 1905] 211!
3 equipment, and resources, its courses and methods of instruction, tJie J9J9; \\l] 5 g
4 number of teachers and students during the preceding school year and
5 the number of graduates.
1 Section 45. The board of trustees of each of said schools may insure insurance.
2 the buildings of said schools and their contents in such amount as it
3 deems sufficient.
1' Section 46. The yearly tuition at any of said schools for day stu- ?f„'"jf'"'Ji,°"(
2 dents who are non-residents of the commonwealth shall not be less than pupils.
3 one hundred and fifty dollars.
1899, Res. 55. 1900, Res. 72.
1 Section 46A. Said schools may make, under such regulations as Tests au-
2 their respective boards of trustees may from time to time prescribe, Fees, etc.
3 tests, comparative or otherwise, of new and useful improvements in ^® ^'
4 textile machinery or of apparatus, dyes, compounds, processes, methods
5 or means, directly or indirectly relating to the manufacture of textiles
6 or to the machinery, tools, appliances and materials used in connection
7 therewith. The person for whom any such test is made shall pay there-
8 for on account of the commonwealth a sum not less than the actual cost
9 thereof, including a reasonable amount for overhead expense. No such
10 test shall be undertaken by any such school which in tlie opinion of its
11 trustees will be likely to interfere with the regular, efficient and proper
12 exercise of school functions. In the making of such tests preference shall
13 be given to citizens of, and to corporations organized under the laws of,
14 the commonwealth.
LOWELL textile INSTITUTE.
1 Section 47. The Lowell textile institute shall be maintained bv the To be state
,,„, -,... ..11*^1 institution.
2 commonwealth tor the purpose of giving instruction m the theory and i895, 475, 1 1.
3 practical art of textile and kindred branches of industry.
1899, 299, § 1. G. L. (ed. of 1920) 74. § 42.
R. L. 125, § 20. 1928, 133, § 5.
1918, 274, § 1.
884
VOCATIONAL EDUCATION.
[Chap. 74.
^^"^steesmay SECTION 47A. The board of trustees of said institute, in the six fol- 1
property. ' ^ lowing sections called the board, shall be a corporation for the purpose 2
1899; 299; § 1. of taking by gift, bequest or devise any real or personal property. 3
R. L. 125, 5§ 8, 20. 1918, 274, § 2. 1928, 135, § 5.
1902, 120. G. L. (ed. of 1920) 74, § 43. 165 Mass. 419.
1917, 45.
Annual report.
1904, 248, § 1.
1905, 211.
1912, 443.
1919, 350, § 8.
G. L. (ed. of
1920) 74, § 44.
1928, 135, § 5.
Insurance.
1919, 53.
G. L. (ed. of
1920) 74, § 45.
Section 47B. The board shall make an annual report to the com-
missioner containing a concise statement as to the buildings, equipment
and resources of the institute, its courses and methods of instruction,
the number of its teachers and students during the preceding school
year and the number of its graduates, and the commissioner shall make
an annual report embodying the statements contained in said annual
report made by the board.
Section 47C. The board may insure the buildings of the institute 1
and their contents in such amount as it deems sufficient. 2
1928, 135, § 5.
Rates of SECTION 47D. The board may fix the rates of tuition to be charged 1
1899? Res. 55. by the institute, but the yearly tuition for day students who are non- 2
0*°!!; ^d.'oi^' residents of the commonwealth shall not be less than one hundred and 3
1920) 74, § 46. £~, J „ A
1928, 135, 5 5. fifty dollars. *
Degrees.
1912, 62.
1917, Sp. 244.
G. L. (ed. of
1920) 74, § 47.
1928, 135, § 5.
Section 47E. The board may grant the degrees of bachelor of textile
engineering and bachelor of textile chemistry to students who have taken
the four year day course in the departments of textile engineering and
textile chemistry, respectively, and have passed the examinations re-
quired for graduation. ,
Lowell Evening
Textile School.
1928, 135, § 5.
Section 47F. The board shall establish a department to be called
the Lowell Evening Textile School and to be conducted under its direction
in which shall be given such evening instruction in the theory and practi-
cal art of textile and kindred branches of industry as the board deems
expedient.
Tests au-
thorized.
Fees, etc.
1928, 135, § 5.
Section 47G. Said institute may make, under such regulations as 1
the board may from time to time prescribe, tests, comparative or other- 2
wise, of new and useful improvements in textile machinery or of appa- 3
ratus, dyes, compounds, processes, methods or means, directly or indi- 4
rectly relating to the manufacture of textiles or to the machinery, tools, 5
appliances and materials used in connection therewith. The person for 6
whom any such test is made shall pay therefor for the account of the 7
commonwealth a sum not less than the actual cost thereof, including a 8
reasonable amount for overhead expense. No such test shall be under- 9
taken by said institute which in the opinion of the board will be likely to 10
interfere with the regular, efficient and proper exercise of the functions 11
of said institute. In the making of such tests preference shall be gi\en 12
to citizens of, and to corporations organized under the laws of, the 13
commonwealth. 14
Lowell . Section 4S. The city of Lowell may annually pro\ide for not more 1
SKips^ than ten four year course day scholarships at the Lowell textile institute 2
1928, 135. §■(?.■ for residents of Lowell, the sum so recjuired to be raised by taxation. 3
Chaps. 74, 75.] vocational education. Massachusetts state college.
885
nmissioners
NAUTICAL SCHOOL.
1 Section 49. The board of commissioners of the Massachusetts Comn
2 nautical school shall provide and maintain a nautical school for the ma?n?aina''°'^
.3 instruction of students in the science and practice of navigation, accom- Sof'
4 modations therefor on board a proper vessel, books, stationery, apparatus ^^^l' \f-X^-
5 and supplies needed in the work thereof, and appoint and remove neces- '^i^,' 224.
6 sary instructors and other employees, determine their compensation, fix
7 the terms upon which students shall be received and instructed therein
8 and discharged therefrom, make all regulations necessary for its manage-
9 ment and provide from time to time for cruises in or from Boston harbor.
1 Section 50. The board may recei\-e from the federal government, Commissioners
2 and use for the accommodation of the school, vessels detailed by the " ssefl from the
3 secretary of the navy. United states.
1891, 402, § 4; Res. 4. R. h. 45, § 4.
1 Section 51. In addition to the advances authorized by section Advance to
2 twent\-three of chapter twenty-nine, the state treasurer shall, upon to crulies'.''™'
3 requisition by the board to the comptroller, make an advance for said lltl] fil: ^ ^'
4 cruises of not exceeding ten thousand dollars for six months to the com- fg,,^ f^[^ ^■
5 manding officer of the vessel detailed therefor, who shall give bond in the la^si 352; § ei.
() sum of ten thousand dollars, with sureties approved by the go\'ernor and
7 council, for its proper disbursement. Said advance shall be accounted for
8 by properly approved vouchers within thirty days after the termination
9 of said cruises.
1 Section 52. A town may establish and maintain, upon shore or upon Nautical
2 vessels at the election of the school committee, one or more schools for il78?'i.59.
3 training young men or boys in nautical duties. School committees may r.l.42,| w.
4 excuse boys attending such schools from attendance at other schools.
1 Section 53. The commissioner shall make an annual report relative Annual report
2 to the Massachusetts nautical school. '^^i' ^o- 5 6.
R- L. 45, § 6. 1913, 224. 1919, 350, § 8.
CHAPTER 75.
MASSACHUSETTS STATE COLLEGE.
Sect.
1. Massachusetts state college a state
institution.
2. Object of institution. Curriculum.
3. Trustees. Meetings, quorum.
4. Common seal of college.
5. Expenditure of appropriations.
6. Accounting. Audits.
SPECIAL TRUSTS.
Management of special trusts.
vestment of funds.
In-
Sect.
REPORT.
8. Report. Printing.
REGULATION OF COLLEGE.
9. Management of college property.
10. Rules and by-laws.
lOA. Insurance.
11. Regulation of courses of instruction.
12. Degrees.
13. Election of officers.
14. Riiie range.
886
MASSACHUSETTS STATE COLLEGE.
[Chap. 75.
Sect.
15.
NOIiMAL DEPARTMENT.
Normal department.
MASSACHUSETTS AGRICULTURAL EXPERI-
MENT STATION.
16. Agricultural experiment station.
17. Nature and scope of experimental
work.
18. Officers. Appliances.
19. Bulletins.
20. Publications by director.
21. Fee for testing poultry.
EXPERIMENTAL FARM AND BRANCH
STATIONS.
22. Experimental farm. Labor of stu-
dents.
23. Experiment stations for market gar-
dening and cranberry and tobacco
growing.
Sect
EMPLOYEES.
24.
Status of employees.
SALE OR LEASE OF
LANDS.
25.
Sale of land.
26.
Lease of land.
27.
Form and operation
leases.
of deeds and
28.
Buildings on leased
taxation.
land liable to
MOUNT TOBY STATE DEMONSTRATION
FOREST.
29. Powers and duties of trustees as to
forest.
30. Instruction in forestry.
Section 1. The Massachusetts state college shall continue to be a 1
9
Massachusetts
state college
a state in- statc institution.
stitution,
1863, 220. 5 1
1864, 223, § 1
1911, 311.
1918, 202, § 1.
1931, 144. § 2.
3 Op. A. G. 308, 460.
ftuutfon' '"' Section 2. The leading object of the college shall be to teach sub- 1
c^"icu^um ^ jects relating to agriculture and the mechanic arts, so as to promote lib- 2
1918! 262! § o! eral and practical education. Its curriculum may include other scientific 3
and classical studies and shall include military tactics. 4
M™un^gs, Section .3. The trustees shall determine the time and place of their 1
issrSo § 2 meetings and the manner of giving notice thereof. Nine members shall 2
1918! 262! § 2! be a quorum. 3
1919, 350, § 56.
Common seal SeCTION 4.
of college.
1863, 220, § 3. altered bv the trustees
The college may have a common seal, which mav be 1
2
1919, 350, § 56.
ofT"ro'rr Section 5. Expenditures for maintenance shall be authorized by the 1
at'ons trustees or by their duly appointed committee. The expenditure of 2
1919! 35o! § 50. special appropriations shall be directed by such trustees, and shall be 3
authorized and accounted for as are appropriations for maintenance. 4
Accounting.
Audits.
1894, 143, § 4.
1908, 460, § 3.
1909, 436,
«3, 4.
1910, 627,
5§3, 4.
1911, 592,
5§2, 3.
1912, 705,
U 2, .3.
1918, 262, § 4.
Section 6. A complete accounting of receipts and expenditures shall 1
be made to the governor annually. !Monthly statements of receipts 2
and expenditures shall be made to the comptroller by the treasurer, 3
who shall keep complete records and files of pay rolls and bills in his 4
office. There shall be a complete audit of the accounts of the college, 5
including receipts and expenditures, under the direction of the trustees, 6
at least twice a year. 7
1923, 362. § 62.
Chap. 75.] Massachusetts state college. 887
SPECIAL TRUSTS.
1 Section 7. The trustees shall administer property held in accord- Minagement
2 ance with special trusts, and shall also administer grants or devises of «™st3. in-
3 land and gifts or bequests of personal property made to the common- fvmds'.''"
4 wealth for the use of the college, and execute said trusts, in\'esting the wnl in', f f.
5 proceeds thereof in notes or bonds secured by sufficient mortgages or ll{l[ I1l[ | %
6 other securities.
2 Op. A. G. 359.
REPORT.
1 Section 8. The commissioner of education shall make an annual ^"P"/*--
2 report, which, with appendices, may be printed in six parts, as follows: }|63. 220, p.
3 part one, the report of the trustees; part two, the report of the president p s.'4, §'9.
4 and other officers of administration; part three, the catalogue of the 2:2^§^':^' ^^'
5 college; part four, the report of the director of the Massachusetts agri- ]lll[ 1°^^, 46.
6 cultural experiment station and other officers; part five, the detailed Hillits^'
7 reports of the experiment station ; and part six, the report of the director Wf' ^^*'
8 of the extension service. 440, '§ 7.
1890, Res. 51. 1908. 459. §§ 1, 3. 1916, 233, § 1.
1894, 101; 143, § 4; 393. § 7. 1910, 429, §1. 1919, 350, § 56.
1897,141,5 1. 1914, 91, §1. 3 0p. A. G. 308.
R. L. 9, § 7.
REGULATION OF COLLEGE.
1 Section 9. The trustees shall, on behalf of the commonwealth, man- Management of
2 age and administer the college and all property, real and personal, be- p?opfrty.
3 longing to the commonwealth and occupied or used by the college, and jj^f'.?""'
4 shall keep in repair houses, buildings and equipment so used or occupied. J|}g'|gg' ^ ^■
1919, 350, § 56. §§ 1-3; 290.
1 Section 10. The trustees shall make reasonable rules and by-laws Rules and
2 consistent with law, with reasonable penalties, for the government of isea^Tio, 5 2.
3 the college and for the regulation of their own body. ^^^^' ^^''' ^ ^®-
1 Section lOA. The trustees may insure the memorial building and {9|2™2'68'
2 its contents in such amount as they deem sufficient.
1 Section 11. The trustees shall determine and regulate instruction in Regulation of
9 fhe^ nnUf^crf* courses of in-
z tne college. struction.
1863, 220, §§ 2, 6. 1918, 262, §6. 2 Op. A. G. 84.
1864, 223, § 2. 1919, 350, § 56.
1 Section 12. The trustees may confer such appropriate degrees as Degrees.
2 they may determine and prescribe. ^*^^' ^'°' ^ ^'
1918, 262, § 3. 1919, 350, § 56.
1 Section 13. The trustees shall elect the president, necessary pro- Election of
2 fessors, tutors, instructors and other officers of the college and fix their ises^m
3 salaries and define the duties and tenure of office. ^^ ^' ^•
1918, 262, §§ 3, 6. 1919.350,5 56. 1931, 426, § 57.
1 Section 14. The trustees shall maintain the rifle range heretofore Rifle range.
2 established by law for the use of the military department of the college. Inf. ?50,' t%.
3 and shall use therefor the land, buildings and equipment heretofore
888
MASSACHUSETTS STATE COLLEGE.
[Chap. 75.
acquired therefor. The trustees shall permit the militia of the common- 4
wealth to use such range when such use does not interfere with use by 5
the college. 6
NORMAL DEPARTMENT.
Section 15. The trustees may maintain a normal department of the
Normal de-
partment. Tl (» 1 • ••11 (» • 1
1906, 505, 1 7 college for the instruction m the elements of agriculture or persons desir-
' ing to teach such elements in public schools, at a cost not to exceed five
thousand dollars annually, if fifteen persons present themselves for such
instruction.
Agricultural
experiment
station.
1882, 212, § 1.
1887, 31, § 1.
1894, 143,
§§1,3.
1895, 57, § 1.
1907, 66, § 1.
MASSACHUSETTS AGRICULTURAL EXPERIMENT STATION.
Section 16. The trustees shall maintain at the college an agricul- 1
tural experiment station, to be known as the Massachusetts agricultural 2
experiment station, and shall use therefor the land, buildings and equip- 3
ment heretofore acquired therefor and owned by the commonwealth. 4
Such station shall be a part of the college. 5
1918, 262, § 6.
1919, 350, § 66.
Nature and
scope of ex-
perimental
work.
1882, 212, § 5.
1894, 143, 5 3.
1919, 185;
350, § 56.
IFee, § 21.]
Section 17. The trustees shall cause experiments and investigations 1
to be made at said station in the following subjects: 2
First, The causes, prevention and remedies of diseases of domestic 3
animals, plants and trees; 4
Second, The history and habits of insects destructive to vegetation, 5
and the means of abating them; 6
Third, The manufacture and composition of both foreign and domes- 7
tic fertilizers, their values and adaptability to different crops and soils; 8
Fourth, The values, under all conditions, of forage, grain and root 9
crops, as food for farm animals, for various purposes; 10
Fifth, The comparative value of green and dry forage, and the cost of 11
producing and preserving them in the best condition; 12
Sixth, The adulteration of any article of food intended for the use of 13
men or animals; 14
Seventh, Testing poultry to eliminate disease; 15
Eighth, Other subjects deemed advantageous to agriculture and horti- 16
culture in the commonwealth. 17
Appliances. SECTION 18. The trustccs shall appoint a director of said station, a 1
1894' 143' § 3' chemist and necessary assistants, and shall provide and maintain suit- 2
1919! 350! § 56. able and necessary appliances for the purposes specified in the preceding 3
section. 1
fs";,"!'^"!, § 5. Section 19. The trustees shall publish bulletins containing the re- 1
1919' 350' 1 56 ''U'ts of experiments and investigations by the station, except under 2
the following section, and shall distribute such bulletins to residents and 3
newspapers of the commonwealth applying therefor. 4
Publications
by director.
1873. 312, § 3.
1874, 206, § 4.
1878, 258. § 4.
P. S. 60, § 11.
1888, 296.
§§7,8.
1896, 297,
§§7,8.
1897, 117, § 1.
R. L. 57.
§§ 17, 18.
Section 20. The director may from time to time publish in reports,
bulletins, special circulars or otherwise, the results of analyses of com-
mercial fertilizers and feedstuff's made under sections two hundred and
twenty-five to two hundred and thirty-fi\'e, two hundred and fifty to
two hundred and fifty-four and two hundred and fifty-six to two hun-
dred and sixty-one, all iii<'lusi\e, of chapter ninety-four. Publications
relative to fertilizers shall contain the cost of equivalent amounts of
Chap. 75.] Massachusetts state college. 889
8 nitrogen, phosphoric acid, and potash or unmixed materials when bought J903, 122, § 5.
9 on the market at retail for cash. Publications relative to both fertilizers i9ii! assi
10 and feedstuffs shall contain such additional information as to the char- 1912, 527,
11 acter, composition, value and use of the fertilizers and feedstuffs analyzed ^^ ^' ^*'
12 as the director may see fit to include.
1 Section 21. A fee of not more than ten cents may be charged for Fee for
2 each test of poultry made under section seventeen. poultry.
1919, 185. 1922, 182.
EXPERIMENTAL FARM AND BR.'i.NCH STATIONS.
1 Section 22. The trustees shall maintain and manage an experi- Experimental
2 mental farm, to be knowTi as the college farm, and shall use therefor the oTs'tudents"'^
3 land heretofore acquired therefor. Their rules and by-laws shall make Hitliiojad.
4 just and reasonable provision for manual labor on said farm by students
5 of the college.
1 Section 2.3. The trustees shall maintain the experiment stations Experiment
2 heretofore authorized by law for practical demonstrations in market markeTgar-
3 gardening and of experimental work in planting and growing cranber- cra"nbfrry''
4 ries and tobacco, and shall use therefor the land, buildings and equip- and tobacco
5 ment heretofore acquired therefor.
1910, Res. 100. 1917, Res. 25; Res. 126. 1919, 350, § 56.
1916, Res. 117; Res. 161. 1918, Res. 56.
EMPLOYEES.
1 Section 24. Employees of the college shall be exempt from civil serv- status of
2 ice laws. employees.
1918, 262, § 5.
SALE OR LEASE OF LANDS.
1 Section 25. Subject to section twenty-seven the trustees may sell saie^of land.
2 and convey, in the name of and for the commonwealth, to any professor, i9i5! sp. 329,
3 instructor, teacher or employee of said college, or to any society, as- 1919,350,556.
4 sociation or fraternity established thereat, land owned by the common-
5 wealth in Amherst or Hadley. Not more than one acre shall be so sold
6 and conveyed to any one such person or organization. Such convey-
7 ances shall contain necessary restrictions and conditions.
1 Section 26. Subject to section twenty-seven the trustees may, in Lease of
2 the name of and for the commonwealth, lease to any professor, instructor, ml, 409.
3 teacher or employee of said college, or to any society, association or ^^^®' ^^°' ^ ^^•
4 fraternity established thereat, land in Amherst or Hadley owned by
5 the commonwealth, for the erection and maintenance of suitable dwell-
6 ings thereon, at the sole ex-pense of the lessee and for the lessee's use and
7 occupancy. Not more than one half an acre shall be so leased to any
8 one such person or organization. Such leases shall contain such written
9 terms, conditions, restrictions and reservations as the parties agree upon.
1 Section 27. No sale or conveyance under section twenty-five shall ^"^"^ =""1
2 become operative until it is approved by the governor and council, and deSslnd"
3 no lease under section twenty-six shall become operative until the form imf^og.
4 thereof is approved by the governor and council. ^^^^' ''^*'
1915, Sp. 329, §§ 1, 3.
890
MASSACHUSETTS STATE COLLEGE. SCHOOL ATTENDANCE. [ChAPS. 75, 76.
k^'edlfnd" Section 28. The lessee and his assignees shall be liable to taxation 1
liable to upon any building erected on land leased under section twenty-six to 2
1911, 409. the extent of its v'alue as determined by the assessors of the town wherein 3
the land lies. 4
Powers and
duties of
trustees as to
forest.
1916. 234,
, 1-3.
MOUNT TOBY STATE DEMONSTR.\TION FOREST.
Section 29. The trustees shall protect and maintain the land owned
by the commonwealth situated on or about Mount Toby, so called, in
Sunderland and Leverett, known as the Mount Toby state demonstra-
1919, 3.50, § 56. tion forcst.
Section 30.
The trustees shall use so much of such land as they shall 1
9
Instruction
in forestry.
1919 35o' 5 56 determine for instruction in forestry and as a laboratory for research
and illustration in economic questions, and for practical work in the con- 3
servation and use of forest tracts and farm woodlots. 4
CHAPTER 76
SCHOOL ATTENDANCE.
Sect.
1. School attendance regulated.
2. Duties of parents, etc., as to school
attendance. Penalty.
2A. School attendance of deaf children.
3. Certain illiterate minors to attend
evening schools.
4. Penalty for inducing absence of mi-
nors, etc.
Where children may attend.
Attendance in places other than resi-
dence of parent or guardian.
Certain public charges. Tuition.
Same subject. Transportation.
6.
6.
7.
Sect.
9. Same subject. High school tuition.
10. Same subject. Payment of accounts.
11. Tuition of inmates of certain institu-
tions.
12. Attendance outside place of residence.
13. Transfer cards.
14. Transportation of children living
upon islands.
15. Vaccination.
16. Exclusion from school, action for.
17. Pupil not to be excluded without
hearing.
School
attendance
regulated.
1852, 240,
§§ 1,2,4.
G. S. 41, § 1.
1873, 279, § 1.
1874, 233, § 1.
P. S. 47, § 1.
1889, 464, § 1.
1890, 384.
1891, 361.
1894, 188;
498, § 1.
1898, 496,
§§ 12,31.
R. L. 44, § 1.
1905, 320.
1906, 383.
1913, 779,
§§1,4.
1915, 81, § 1.
1919, 281; 291.
1921, 463.
139 Mass. 374.
148 Mass. 623.
159 Mass. 372.
180 Mass. 20.
196 Mass. 309.
Section 1. Every child between seven and fourteen, every child 1
under sixteen who does not meet the requirements for the completion of 2
the sixth grade of the public schools of the town where he resides, and 3
every child under sixteen except a child holding an employment certLfi- 4
cate as provided in chapter one hundred and forty-nine and employed in 5
some regular employment or business for at least six hours per day, and 6
except a child having the written permission of the superintendent of 7
schools of the town where he resides to engage in profitable eniployinent 8
at home, shall, subject to section fifteen, attend a public day school in 9
said town or some other day school approved by the school committee, 10
during the entire time the public schools are in session, unless the child 11
attends school in another town, during the entire time the same is in 12
session, under sections six to twelve, inclusive, or under chapter seventy- 13
one; but such attendance shall not be required of a child whose physical 14
or mental condition is such as to render attendance inexpedient or im- 1.')
practicable, or who is being otherwise instructed in a manner approved Ki
Chap. 7G.] school attendance. 891
17 in advance by the superintendent or the school committee. The superin- 238 Mass. S28.
1 S tendent, or teachers in so far as authorized by him or by the school com- 4 op'^ A^o.^foi.
19 niittee, may excuse cases of necessary absence for other causes not exceed- (igio) g,'
20 ing seven day sessions or fourteen half day sessions in any period of six ^§20) u2
21 months. For the purposes of this section, school committees shall approve
22 a private school only when the instruction in all the studies requiretl by
23 law is in English, and when satisfied that such instruction equals in
2-1 thoroughness and efficiency, and in the progress made therein, that in the
25 public schools in the same town; but they shall not withhold such
26 approval on account of religious teaching.
27 The school committee of each town shall provide for and enforce the
28 school attendance of all children actually residing therein in accordance
29 herewith.
1 Section 2. Every person in control of a child described in the pre- Duties of
2 ceding section shall cause him to attend school as therein required, and, arto°schoo'i"
3 if he fails so to do for seven day sessions or fourteen half day sessions penaity"'^'^'
4 within any period of six months, he shall, on complaint by a supervisor of Jl^l; 'flf | }■
5 attendance, be punished by a fine of not more than twenty dollars. No fgg| ^M^f 2
6 physical or mental condition capable of correction, or rendering the child 1S94! 493! § 2'
7 a fit subject for special instruction at public charge in institutions other r. l'. 44, § i.~
8 than public day schools, shall avail as a defence unless it appears that the igoe! sss^
9 defendant has employed all reasonable measures for the correction of the {9JI; si^s 2^'
10 condition and the suitable instruction of the child.
1931. 394. § 139. 159 Mass. 374.
148 Mass. 623. 268 Mass. 585.
1 Section 2A. Every person in control of a deaf child between seven School at-
2 and eighteen shall cause such child to attend some suitable school, ap- deafl-Sren.
3 proved by the department, where the deaf are taught speech and speech ^^^*' '^'^''■
4 reading; provided, that this section shall not apply to such a child whose
5 mental condition or whose physical condition in other respects than deaf-
6 ness is such as to render such attendance inexpedient or impractical or
7 who is being given private instruction, approved by the department,
8 during the time the public schools are in session. Failure for one month Penalty.
9 during any school year by any person in control of such a child to cause
10 his attendance as aforesaid shall, on complaint by a supervisor of attend-
1 1 ance, be punished by a fine of not more than twenty dollars.
1 Section 3. Every minor between sixteen and twenty-one, except a Certain
2 married woman, who does not meet the requirements for the completion mino^'to
3 of the sixth grade of the public schools of the town where he resides shall, evening
4 except as otherwise pro\-ided herein, attend some public evening school, i9'l3°'|67,
5 if any, in the town of his residence, for the whole time during which the flA^g, j
6 public evening schools are in session, unless he attends a public day school, loae! iss, § 2.
7 or a private school approved as provided in section one by the school § 146.
8 committee, or unless his physical or mental condition is such as to render
9 his attendance harmful or impractical. Any such minor may, with the
10 consent of the school committee of the town in which he resides, attend
11 a public evening school in the town where he is employed, upon such
12 terms as may be agreed upon by the school committees of such towns.
13 Wilful violation of this section by such a minor shall be punished by a fine Penalties.
14 of not less than five dollars; failure for sLx sessions within a period of one
892
SCHOOL ATTENDANCE.
[Chap. 76.
month by any person in control of such a minor to cause his attendance 15
shall, on complaint by a supervisor of attendance, be punished by a fine 16
of not more than twenty dollars. 17
Penalty for in-
ducing absence
of niinors, etc.
1894, 498, § 22.
1898, 496, § 31.
R. L. 44, § 1.
1905, 320.
Section 4. Whoever induces or attempts to induce a minor to absent
himself unlawfully from school, or unlawfully employs him or harbors a
minor who, while school is in session, is absent unlawfully therefrom, shall
be punished by a fine of not more than fifty dollars.
1906, 383. 1913, 467, § 4; 779, § 2, 1915, 81, § 2.
Where
cfiildren may
attend.
1849, 117, §4.
1855, 256, § 1.
1857, 132.
G.S.41.§§3.9.
P. S. 47, §§4,
10.
1894, 498,
§M. 11.
1898, 496, § 7.
Section 5. Every child shall have a right to attend the public
schools of the town where he actually resides, subject to the following
section, and to such reasonable regulations as to numbers and cjualifica-
tions of pupils to be admitted to the respective schools and as to other
school matters as the school committee shall from time to time prescribe.
No child shall be excluded from a public school of any town on account
of race, color or religion.
R. L. 44, § 3.
1911, 268, § 1.
1913, 779, § 3.
12 Allen, 127.
195 Mass. 29.
238 Mass. 528.
Attendance in
places other
than resi-
dence of
parent or
guardian.
1857, 132.
G. S. 41, §7.
1876, 186, § 2.
P. S. 47, § 8.
1894, 498, § 8.
1896, 382.
1898, 496, § 8.
R. L. 44, § 4.
Section 6. If a child resides temporarily in a town other than the 1
legal residence of his parent or guardian for the special purpose of there 2
attending school, the said town may recover tuition from the parent or 3
guardian, unless under section twelve or chapter seventy-one, such 4
tuition is payable by a town. Tuition payable by the parent or guardian 5
shall, for the period of attendance, be computed at the regular rate estab- 6
lished by the school committee for non-resident pupils, but in no case 7
exceeding the average expense per pupil in such school for said period. 8
1905, 375.
1911, 268, § 2.
1913, 779, § 4.
1915, 78.
1919, 291, cl. (o).
1925, 94.
103 Mass. 104.
4 Op. A. G. 331, 340.
Certain public
charges.
Tuition.
1896, 382, § 1.
1898, 496. § 8.
R. L. 44, §4.
1905, 375.
1911, 268,
1913, 779,
1915, 78.
1919,291,
cl.(6):350, §87.
1921, 272.
1930, 290.
§2.
I 4.
Section 7. For the tuition in the public schools of any town of any 1
child over five years placed elsewhere than in his home town by, or there 2
kept under the control of, the department of public welfare or the child 3
welfare division of the institutions department of Boston, the common- 4
wealth or Boston, from its appropriation for school purposes, shall pay 5
to said town for each day of attendance in a public elementary school an (i
amount charged by the school committee but not at a rate in excess of 7
the expenditure per pupil for support, exclusive of general control and 8
transportation within the town, of the public day elementary schools 9
in said town for the next preceding school year based on the average 10
membership of such schools as printed in the annual report of the de- 11
partment of education, and, for attendance in a public junior or senior 12
high school, the regular rate established by the school committee for 13
non-resident pupils, filed with and approved by tiie department of 14
education. 15
Same subject.
Transportation.
1898, 496, § 8.
R. L. 44. § 4.
1905, 375.
1911, 268, § 2.
1913, 779, § 4.
1919, 291, cl.(c).
Section 8. For transportation to and from a public school of any 1
child whose tuition is payable by the commonwealth or by Boston under 2
the preceding section, the commonwealth or Boston, as the case may be, 3
shall pay to the town furnisliing the same, for each week of five days or 4
major part thereof, a sum equal to the average aiiiuiint per week for eacii 5
child paid by it for like transportation o\er the same route. 6
Chap. 76.] school attendance. 893
1 Section 9. If a town where a child is placed or kept under section same subject.
2 seven does not maintain a pubHc high school offering four years of in- tumo^ °°
3 struction, he may, subject to section six of chapter seventy-one, attend i9i9,2lH',ri.w)
1 Op. A. G.
319.
4 the public high school of another town, but the commonwealth or Boston,
5 as the case may be, shall reimburse the town where he is so placed or l*^'';'^^*^' ^^•
6 kept for tuition paid by it on his account, and for the entire cost of his dsis) 39.
7 transportation.
Op. A. G. (1920) 295.
1 Section 10. Settlements of the accounts of the several towns under same subject.
2 the three preceding sections with the commonwealth and with Boston acroums'"'
3 shall be made annually on July first, and the amounts found due shall llgsiwe; §1:
4 be paid within three months thereafter.
R. L. 44. §4. 1911,208, §2. 1919, 291, cl. (e).
1905, 375. 1913, 779, § 4. 1921, 214.
1 Section 11. For tuition in the public schools in any town of less Tuition of
2 than ten thousand inhabitants of any child between the ages of five and cenairin-
3 fifteen not theretofore resident in such town, who is an inmate of an isgs!'^!, § s.
4 institution containing more than si.x inmates, the town may recover J^qs 375 ^ *'
5 from the institution the school expense incurred by reason of the school J^Ji' 268, § 2.
6 attendance of such child, to be determined jointly by its school commit- i9i9,'29i,'ci.(/).
7 tee and the trustees or managers of the institution, or, in case of their
8 disagreement, by the probate court; but no demand shall be made
9 upon said trustees or managers without a vote of the town.
1 Section 12. Any child, with the consent of the school committee of outliSi''pia'ce
2 the town where he resides, may attend, at the expense of said town, jgjf'j'la""'
3 the public schools of another town, upon such terms as may be fixed <3. s.' 41, § 7.
4 by the two committees.
1876, 186, §2. 1898, 496. § 10. 1 Op. A. G. 427.
PS. 47. §8. R. L. 44, § 5. 3 Op. A. G. 315.
1894, 498, § 8. 103 Mass. 104.
1 Section 13. When any child described in section one leaves the Transfer cards.
2 school or institution where he is being educated because of change of I925; 79!
3 residence to another town in the commonwealth, the superintendent of
4 schools, in the case of a public school, or otherwise the person in charge,
5 shall furnish such child a transfer card in a form prescribed by the de-
6 partment of education which shall contain, in addition to any other
7 information relative to him, his name, age, grade in school, and in every
8 case possible, his new street and number, and shall forthwith send a
9 duplicate thereof to the superintendent of schools of the town where the
10 child is to reside.
1 Section 14. The department of education may provide transporta- Transportation
2 tion to and from school, or board in place thereof, for such children of ifvfng'upon
3 school age as live upon islands within the commonwealth that are with- 'igoS^lss.
4 out schools, in cases where the local authorities are not required by law ajJ^u^leJs'g'
5 to provide such transportation.
Op. A. G. (1920) 27.
1 Section 15. An unvaccinated child shall not be admitted to a public vaccination.
2 school except upon presentation of a certificate like the physician's cf'^l.'4i"§8^'
3 certificate required by section one hundred and eighty-three of chapter ^88^4, 64. ^"^
4 one hundred and eleven. A child from a household where a person is J|||' III
5 ill with smallpox, diphtheria, scarlet fever, measles, or any other infectious 5§ s.' 10.
894
[Chaps. 76, 77.
1898,496, § 11
R. L. 44, § 6.
1906. 371.
1907, 215.
1918, 117.
195 Mass. 29.
238 Mass. 528.
268 Mass. 585.
or contagious disea.se, or from a household exposed to contagion from 6
any such disease in another household, shall not attend any public school 7
during such illness or exposure until the teacher of the school has been S
furnished with a certificate from the local board of health, or from the 9
attending physician, stating that danger of conveying such disease by 10
such child has passed. 11
Exclusion
from school,
action for.
1845, 214.
1855, 256,
§§ 2-4.
G.S. 41,
§§ 10-12.
P. S. 47,
§5 11-13.
1894, 498,
5§ 12-14.
Pupil not to
be excluded
without
hearing.
R. L. 44, § 8.
Section 16. The parent, guardian or custodian of a child refused
admission to or excluded from the public schools shall on application be
furnished by the school committee with a written statement of the reasons
therefor, and thereafter, if the refusal to admit or exclusion was unlaw-
ful, such child may recover from the town in tort, and may examine
any member of the committee or any other officer of the town, upon
interrogatories.
1898, 496, § 9.
R. L. 44, § 7.
23 Pick. 224.
8 Cush. 160.
Ill Mass. 499.
116 Mass. 365.
133 Mass. 103.
181 Mass. 127.
186 Mass. 456.
211 Mass. 66.
216 Mass. 19.
221 Mass. 427.
229 Mass. 304.
Section 17. A school committee shall not permanently exclude a 1
pupil from the public schools for alleged misconduct without first giv- 2
ing him and his parent or guardian an opportunity to be heard. 3
165 Mass. 460.
186 Mass. 456.
211 Mass. 66.
216 Mass. 19.
229 Mass. 304.
CHAPTER 77.
SCHOOL OFFENDERS AND COUNTY TRAINING SCHOOLS.
Sect.
1. Certain counties to maintain training
schools. Commitments from and
payments by other counties.
2. Visitation by certain state departments.
3. Habitual truants.
4. Habitual absentees.
5. Habitual school offenders.
6. Support of inmates.
7. Probation.
Sect.
8. Permits to be at liberty. Discharges.
9. Temporary release.
10. Disposition of unruly inmates.
11. Jurisdiction.
12. Supervisors of attendance.
13. Same subject. Duties.
14. Chapter not to affect certain special
laws.
Certain
counties to
maintain
training
schools.
Commitments
from and
payments by
other counties.
1873, 262, § 5.
1881, 144.
P. S. 48, § 14.
1884, 155.
1886, 282.
1890, 309.
1894, 498, 5 16.
1895, 216.
1896, 360.
1898, 496, § 22.
1901, 299.
H. I.. 46, § 1.
1902. 256.
1906, 148.
1908, 103.
Section 1. The county commissioners of each county, except Barn-
stable, Berkshire, Franklin, Hampshire, Dukes, Nantucket and Suffolk,
shall maintain either separately or jointly with the commissioners of
other counties as hereinafter provided, in a suitable place, remote from
a penal institution, a school for the instruction and training of children
committed thereto as habitual truants, absentees or school offenders.
The commissioners of two or more counties may, at the expense of .said
counties, establish and maintain a union school to be controlled by the
chairmen of the commissioners of said counties. The chairmen of the
commissioners of Norfolk, Bristol and Plymouth counties, having the
management of the Norfolk, Bristol and i'lvinouth union training school,
shall each be paid the sum of one hundred dollars ainiually by their
respective counties. The commissioners of Barnstable, Berkshire, 13
1
2
•1
o
4
5
(i
7
8
9
10
11
12
Chap. 77.] school offenders and county training schools. 895
14 Franklin, Hampshire, Dukes and Nantucket counties shall assign a ioi3, 779, § 5.
15 training school established by law as the place for the instruction and §'is4. ^ '
16 training of children so committed within their respective counties, and 1920! 2- 40.
17 shall pay for their support in said school such reasonable sum as the op' a.^g.'
IS commissioners having control of said school may fix. Commitments (i920) 242.
19 from Boston, Chelsea, Revere and Winthrop shall be to the training
20 school for Middlesex county. The town from which an habitual truant,
21 absentee or school offender is committed to a county training school
22 shall pay to the countv- maintaining it two dollars a week toward his
23 support, and reports of the condition and progress of its pupils in said
24 school shall be sent each month to the superintendent of schools of such
25 town; but Boston, Chelsea, Revere and Winthrop shall pay to Middle-
26 sex county, for the support of each child committed to the training
27 school of said county, two dollars and fifty cents a week, and an addi-
28 tional sum for each child sufficient to cover the actual cost of maintenance.
1 Section 2. County training schools shall be subject to visitation by visitation by
2 the departments of education and of public welfare, and said depart- departments.
3 ments shall report thereon annually to the general court.
R. L. 46, §2. 1919, 3oO, §§ 56, 87.
1 Section 3. A child between seven and sixteen who wilfully and JJuan\"'''
2 habitually absents himself from school contrary to section one of chapter p^g^'lg^kfl
3 seventy-six, shall be deemed an habitual truant, and, unless placed on {jq^'-ni'lf,
4 probation as provided in section seven, may, on complaint of a super- isbs! 496! § 24!
5 visor of attendance, be committed to a county training school. 1903,336, § i.
1904. 220. § 1. 1913, 779, §§ 6. 25.
1906, 389. 1931, 394, § 141.
1 Section 4. A child between seven and sixteen found wandering Habitual
2 about streets or public places, having no lawful occupation, habitually i898°496] §25.
3 absent from school and growing up in idleness and ignorance, shall be fgos, 336,^*2.
4 deemed an habitual absentee, and, unless placed on probation as pro- 1913; 779; 57;
5 vided in section seven, may, on complaint of a supervisor of attendance J^^^^^^^*-
6 or any other person, be committed to a county training school.
1 Section 5. A child under sixteen persistently violating reasonable Habitual school
2 regulations of the school he attends, or otherwise persistently misbe- i8,s9. 249, § 2.
3 having therein, so as to render him.self a fit subject for exclusion there- Hit] lll[ | H]
4 from, shall be deemed an habitual school offender, and, unless placed on fgos,' 336,^^3.
5 probation as provided in section seven, may, on complaint of a supervisor J^o*' 220, § 3.
6 of attendance, be committed to a county training school.
1931, 394, § 143.
1 Section 6. The court or magistrate by whom a child has been com- support ot
2 mitted to a county training school may make an order relative to the i^'gg, 496, §27.
3 payment by his parents or by his guardian out of the ward's property fgis.m.W
4 to the county of the cost of his support while in said school, and may \^li^^^^'
5 from time to time revise or alter such order or make a new order as the }^^^' |-
6 circumstances of the parents or ward may justify.
Op. A. G. (1920) 242.
1 Section 7. A court or magistrate by whom a child has been con- Probation.
2 victed of an offence under this chapter may place him on probation r. l'. 46,V7.
3 under the oversight of a supervisor of attendance of the town where 5 144. '
896
SCHOOL OFFENDERS AND COUNTY TRAINING SCHOOLS. [ChaP. 77.
the child resides, or of a probation officer of said court, for such period 4
and upon such conditions as the court or magistrate may deem best; 5
and if, within such period, the child violates the conditions of his proba- 6
tion, such supervisor of attendance or probation officer may, without 7
warrant or other process, take the child before the court, who may 8
thereupon sentence him or may make any other lawful disposition of 9
the case. 10
Permits to
at liberty.
Discharges.
1896, 514.
1898, 496,
680, i 1.
R. L. 46, !
1904, 220,
1913,779,
1931, 394,
§ 145.
be
§29;
S.
5 4.
§ 10.
Section 8. If the county commissioners deem it for the best interest 1
of any child committed to a county training school under their control, 2
after notice and an opportunity to be heard has been given to the super- 3
intendent of schools, if any, otherwise to the school committee of the 4
town from which such child was committed, they may permit him to be 5
at liberty upon such conditions as they deem best; or, with the approval ()
of the court which imposed the sentence, they may discharge him from 7
said school. Thereupon they shall enter upon their records liis name, 8
the date of parole or discharge and the reason therefor; and a copy of 9
such record shall be transmitted to the court by which, and to the school 10
committee of the town from which, he was committed. 11
If such child, in the opinion of the commissioners, violates the condi- 12
tions of his parole at any time before the expiration of the term of his 13
commitment, the parole may be revoked. If a superintendent or a school 14
committee furnishes evidence satisfactory to the commissioners of the 15
child's violation of said conditions, the commissioners shall revoke such 16
parole, and may thereupon issue an order directed to the supervisors 17
of attendance or police officers of any town to arrest such child wherever 18
found and return him to said school. Any such supervisor or officer shall 19
arrest the child and return him to said school, where he shall be held, 20
subject to this chapter, for the residue of the term of the original sentence. 21
The expense of such arrest and return, so far as approved by the com- 22
missioners, shall be paid by the county maintaining said school. A child 23
who has been committed to a county training school shall be discharged 24
from the custody and care of such school upon his becoming sixteen, 25
whether then confined therein, or on parole. 26
Temporary
release.
1899, 201.
R. L. 46, § £
1903, 308.
Section 9. If a near relative of a child confined on a sentence as an 1
habitual truant, habitual absentee or habitual school offender dies or is 2
seriously ill, any member of the trustees or county commissioners having 3
charge of the institution may order such child released for a specified time, 4
either in the custody of the superintendent or other officer or not, and 5
may re\'oke, extend or otherwise modify such order. The expenses in- 6
curred in serving such order shall be approved and paid in the same 7
manner as other expenses of the institution where the child is confined. S
Disposition
of unruly
inmates.
1898, 496, § 30.
R. L. 46, § 10.
1903, 330, 5 4.
1913, 779,
1918, 257,
§ 186.
1919, 5.
1920, 2.
111.
Section 10. An inmate of a county training school persistently vio-
lating reasonable regulations thereof, or guilty of indecent or immoral
conduct, or otherwise grossly misbehaving, so as to render himself an
unfit subject for retention therein, may, on complaint of the officer in
control of said school be committed, if a hoy, uiuler fifteen, to the Lyman
school for boys, or, if over fifteen, to the industrial school for boys; or, if
a girl, to the industrial school for girls.
Chap. 77.] school offenders and county training schools. . 897
1 Section 11. District courts, except the municipal court of Boston, JumdMon
2 trial justices and the Boston juvenile court shall have jurisdiction of p s.Us, § is.'
3 offences arising under section one of chapter seventy-six and under this isM: 498] 5 is.
4 chapter. A summons or warrant issued by such court or justice may be ]^'^l\ ll%\\^-
5 served, at the discretion of the court or justice, by a supervisor of attend- }!;*';• *|9- 5 4.
6 ance or by any officer qualified to serve criminal process. On complaint \lf^-^g^^
7 against a child for any such offence, his parents, guardian or custodian § id.
8 shall be jiotified as required by section fifty-five of chapter one hundred
9 and nineteen. A child against whom complaint as an habitual absentee
10 is brought by any other person than a supervisor of attendance shall not
11 be committed until notice and an opportunity to be heard have been
12 given to the division of juvenile training in the department of public
13 welfare.
1 Section 12. Every school committee shall appoint and fix the com- Supervisors of
2 pensation of one or more supervisors of attendance, wlio may be either ists! a^.^s 2.
3 male or female, and shall make regulations for their government. Such r^s.'H.^j {f;
4 supervisors shall not receive fees for their services. The committees of j|^|; ^^^; | §^;
5 two or more towns may employ the same supervisors of attendance. k. l. 46, § 12.
1912, 552; 711. 1913, 779, § 13. 1928, 184, § 1.
1 Section 13. Supervisors of attendance shall inquire into all cases Same subject.
2 arising under sections one, two, four to eleven, inclusive, and fifteen of 1873^262, § 2.
3 chapter seventy-six, sections three, four, five and eight of this chapter f889.422. ^^'
4 and sections ninety, ninety-two, ninety-three and ninety-five of chapter {ggl; |g|; 1 34;
5 one hundred and forty-nine, and may make complaints and serve legal fgi\-J%^^f2.
6 processes issued under this chapter. They shall, if the court so orders, l^^^^ 39*'
7 have oversight of children placed on probation under section seven; of
8 children suffering want to whom sections forty-nine to fifty-one, inclu-
9 sive, of chapter one hundred and nineteen apply; of minors licensed by
10 the school committee under section nineteen of chapter one hundred and
11 one; and of children admitted to or attending shows or entertainments
12 contrary to section one hundred and ninety-seven of chapter one hun-
13 dred and forty. They may apprehend and take to school without a
14 warrant any truant or absentee found wandering in the street or public
15 places.
1 Section 14. Nothing contained in this chapter shall affect chapter chapter not
2 two hundred and two of the acts of nineteen hundred and eleven or chap- tain spe'ciaT
3 ter seven hundred and thirty-eight of the acts of nineteen hundred and Ygn] 202.
4 fourteen relative to truants, absentees and school offenders in Boston. i^i*. ^^s.
898
LIBRARIES.
[ClL\P. 78.
CHAPTER 78.
LIBRARIES.
Sect.
Sect.
GENERAL PROVISION.
10.
Trustees of town libraries.
1.
Existing corporations.
U.
Powers and duties of trustees.
12.
Trustees to make report.
LAW LIBRARIES.
13.
Law libraries not affected by three
2.
Organization of county law libraries.
preceding sections.
3.
Use of libraries.
4.
Payments to county law libraries.
BOARD OF FREE PUBLIC LIBR.AEY COM-
Treasurer to give bond.
MISSIONERS.
5.
County law libraries to receive legis-
14.
Annual report.
lative documents.
15.
Board to advise ofiicials of public
6.
Law libraries to receive certain docu-
libraries.
ments.
16.
Purchase of books for towns having no
public library.
PUBLIC LIBRARIES.
17.
Acceptance of law by towns.
7.
Cities and towns may establish public
18.
Limit of appropriations for libraries in
libraries.
towns.
8.
Public libraries may lend to non-resi-
19.
Board may aid public libraries.
dents, etc.
20.
E.xamination and registration of li-
9.
Public libraries may return certain
brarians.
state publications.
21.
Certain sections not applicable to cities.
GENER.AL PROVISION.
Existing Section 1. Library corporations and associations which have been 1
R. L. 38, § 1. legally established shall continue to have all the powers and privileges 2
and be subject to all the duties and restrictions attaching thereto. 3
Organization
of county law
libraries.
1842, 94, 51
1856, 184.
G. S. 33, 5 2.
P. S. 40, S 2.
R. L. 38, § 2.
LAW LIBRARIES.
Section 2. Attorneys at law who have been admitted to practice 1
in the courts of the commonwealth and who are resident in a county 2
for wliich there is no law library association may organize, under chapter 3
one hundred and eighty, by the name of the law library association for 4
such county, and may adopt by-laws which shall be subject to the 5
approval of the superior court. B
Use of
libraries.
1842, 94, § 2.
Section 3. Inhabitants of the county shall, subject to the by-laws, 1
have access to the library and the books therein. 2
G. S. 33, § 5. P. S. 40, § 5. R. L. 38, 5 3.
Payments to
county law
libraries.
Treasurer to
give bond.
1856, 71, § 2.
G. S. 33, § 7.
1881, 89.
P. S. 40,
§§ 6, 7.
1882, 246.
1897, .505.
R. L. 38, § 4.
1912, 241.
1913, 180.
2 0p. A.G. 3.
Section 4. County treasurers shall annually pay to the law library I
associations in their respective counties all sums which are paid into 2
county treasuries during the year by tlie clerks of the courts to an 3
amount not exceeding two thousand dollars in any year. They may 4
also pay to said associations such further sums as the county conimis- 5
sioners consider necessary and proper. All sums so paid shall be applied 6
to maintain and enlarge such libraries for the use of the courts and of 7
citizens. The treasurer of every law library association, and of every S
bar association having in charge a law library supported in wliole or 9
part by the county, before receiving any money from the county treas- 10
Chap. 78.] libr.\ries. 899
1 1 urer, shall give bond, with sureties to the satisfaction of the county
12 commissioners, conditioned for the faithful application of such money
13 and for an annual return under oath to the county treasurer of the
14 manner in which it has been expended, with items of all receipts and
15 expenditures and proper vouchers therefor.
1 Section 5. Each law library association shall be entitled to receive County law
2 from the sergeant-at-arms, immediately after their publication, one receivTiegisia-
3 copy of the volume of the legislati\'e documents of the senate and house, mentl°°"'
4 the journal of the senate and the journal of the house.
1871, 387. P. S. 40, § 8. R. L. 38, § 5.
1 Section 6. All incorporated law libraries in the commonwealth shall ^aw libraries
to r6C61V9 C6r—
2 be entitled to receive from the officers charged with the distribution tain documents.
3 of the same, copies of all books and documents to which the county
4 law libraries are entitled by law, and one additional copy for each branch
5 library maintained by them.
PUBLIC LIBRARIES.
1 Section 7. A town may establish and maintain public libraries cities and
2 for its inhabitants under regulations prescribed by the city council or cstabliS'^pubiic
3 by the town, and may receive, hold and manage any gift, bequest or issi'sos,
4 devise therefor. The city council of a city or the selectmen of a town ^ g %_
5 mav place in such librarv the books, reports and laws which may be f|,.*' ?,o,
6 received irom the commonwealth.
1871, 26. R. L. 38, § 6. 149 Mass. 154.
P. S. 40, §§ 9-11. 10 Allen, 169.
1 Section 8. Any free town public library may loan its books or other Public libraries
2 library material to any other such library or to citizens of other towns "o'lf-res'idents,
3 or non-residents, under such written conditions and regulations as may fg{^^ 140
4 be made by the board of trustees or other authority having control i'"*' i'*
5 of the library so loaning. Any town may raise money to pay the ex-
6 penses of so borrowing books and other library material from the library
7 of any other town.
1 Section 9. If the trustees of any town library shall vote not to Public libraries
2 keep or receive any of the books and reports which the state secretary "rt^afnltLte
3 is authorized to send thereto, the secretary, at the request of the super- i95'3''93'°°'''
4 visor of public records, may discontinue sending them. Any of said i9i9. ssb, § 24.
5 books and reports in the custody of any town library may be returned
6 at its expense to the state library, or, with the sanction of the board
7 of free public library commissioners, may otherwise be exchanged or
8 disposed of.
1 Section 10. A town which raises or appropriates money for the Trustees of
2 support of a free public library, or free public library and reading room, isss, 304?"*''
3 owned by the town, shall, unless the same has been acquired entirely flsk nt'.
4 or in part through some gift or bequest which contains other condi- R l.ss, §7.
5 tions or provisions for the election of its trustees, or for its care and to?itiM.''''see'^
6 management, which have been accepted by the town, elect by ballot at ^ ^'1
7 a meeting a board of trustees consisting of any number of persons,
8 male or female, divisible by three, which the town determines to elect.
9 When such board is first chosen, one third thereof shall be elected for one
900
LIBRARIES.
[Chap. 78.
year, one third for two years and one third for three years, and there- 10
after one third shall be elected annually for a term of three years. The 1 1
board shall, from its own number, annually choose a chairman and 12
secretary and, if the town so votes, a treasurer, who shall give a bond 13
similar to that given by the town treasurer, in an amount and with 14
sureties to the satisfaction of the selectmen. Until the town otherwise 15
directs the town treasurer shall act as treasurer of the board of trustees. 16
dStieror'* Section 11. The board shall have the custody and management of
's""s*304 4 *^^^ library and reading room and of all property owned by the town
R. l'. 38, §8.' relating thereto. All money raised or appropriated by the town for its
[Not applicable support and maintenance shall be expended by the board, and all money
§°2Lr^' or property which the town may receive by gift or bequest for said library
and reading room shall be administered by the board in accordance with
the provisions of such gift or bequest.
^oTfttl^rt Section 12. The board shall make an annual report to the town of 1
R *L 38*'§V' its receipts and expenditures and of the property in its custody, with a 2
[Not applicable Statement of any unexpended balance of money and of any gifts or be- 3
\°nT^' ^^ quests which it holds in behalf of the town, with its recommendations. 4
noraflecTed^by SECTION 13. The three preceding sections shall not apply to library 1
three preced- associations, nor to a library organized under a special act. 2
1888, 304, § 7. R. L. 38, § 10.
BOARD OF FREE PUBLIC LIBRARY COMMISSIONERS.
fsmsVyTrl: Section 14. The commissioner of education shall make an annual
1906' ils^ '^' report of the acts of the board of free public library commissioners,
i9io; 396, § 2. including therein a full detail of expenditures under section nineteen.
1913, 316. 1914, 373, § 1. 1918, 189.
Board to
advise officials
of public
libraries.
1890, 347, § 2.
R. L. 38. § 13.
1924, 114.
Section 15. The board of free public library commissioners shall
advise the librarian or trustees of any free public library, and may on
request advise the librarian or other person in charge of the library of
any state or county institution, relative to the selection or cataloguing
of books and any other matter pertaining to the maintenance or admin-
istration of such library.
Purchase of
books for
towns having
no public
library.
1890, 347, § 3.
R. L. 38, § 14.
[Not applicable
to cities. See
§21.1
Acceptance of
law bv towns.
1890, 344. § 4.
R. L. 38, § 16.
[Not applicable
to cities. See
§21.1
Section Ifi. Said board, upon the application of the library trustees
of a town which has complied with sections seventeen and eighteen, and
which has no free public library owned and controlled by the town, may
expend not more than one hundred dollars for books to be selected and
purchased by said board and delivered to said trustees for the purpose of
establishing a free public library.
Section 17. A town shall not be entitled to the benefits of the two
preceding sections until it accepts the same or has accepted correspontl-
ing provisions of earlier laws and has elected a board of library trustees
as provided in section ten, nor until said trustees have made provision
satisfactory to said commissioners for the care and distribution of the
books furnished by them.
Chap. 78.] libr.\ries. 901
1 Section 18. Such town shall, if its last assessed valuation was one Limit of ap-
2 million dollars or over, annually appropriate from the dog tax, or other- [or&'r?e™
3 wise provide for the use and maintenance of its free public library, not 1890^347, § 5.
4 less than fifty dollars; if such valuation was less than one million dollars ^ ^ ^^' ^ "■
5 and not less than two hundred and fifty thousand, not less than twenty- io!;'.idcs.''"'sei''
6 five dollars; and if such valuation was less than two hundred and fifty ^ ^' '
7 thousand dollars, not less than fifteen dollars.
1 Section 19. The board of free public library commissioners may Board may aid
2 annually expend a sum not exceeding ten thousand dollars in aid of free 1893, 255.
3 public libraries, especially in those towns the valuation of which does not r. l'. as, § is.
4 exceed one million dollars. Such aid may include the furnishing of books }^?^; Jf|;
5 in small quantities, visits to libraries, the instruction of librarians, and i^'*' ^^^^ § '•
6 such other means of encouraging and stimulating the small libraries as
7 said board shall deem advisable.
1 Section 20. The board mav determine by examination or by such Examination
2 rules as it may establish the selection and appointment 01 supervismg tion of
3 librarians and all other library workers who are paid wholly or in part, isiT'iol.'
4 under the authority of said board, by the commonwealth. Such selec-
5 tion and appointment shall not be subject to chapter thirty-one.
6 In order to assist library trustees who seek advice from the board in
7 securing qualified librarians and assistants, the board shall keep a registry
8 of librarians which shall give due credit for experience and successful
9 accomplishment as well as for formal examination.
1 Section 21. Sections ten to twelve, inclusive, and sections sixteen Certain sec-
. ... in 1 • • tions not
2 to eighteen, inclusive, shall not apply to cities. applicable to
902
EMINENT DOMAIN.
[ClL\P. 79.
TITLE XIII.
EMINENT DOMAIN AND BETTERMENTS.
Chapter 79. Eminent Domain.
Chapter 80. Betterments.
Chapter 80A. Eminent Domain Takings and Betterment Assessments by Judicial
Proceedings.
CHAPTER 79
EMINENT DOMAIN.
Sect.
1. The order.
2. By whom taking made.
3. Recording order of taking. Proceed-
ings to acquire possession of prop-
erty, etc.
4. Taking of registered land.
5. Taking of land already in public use.
6. Award of damages when taking is by
the public.
7. Award of damages when taking is by
private corporation.
8. Notice.
9. Award of damages caused by order not
constituting a taking.
10. Award of damages caused by acts in
pais.
11. Petition for award of damages when
land lies in more than one county.
city or town.
Measure of damages.
Buildings and trees on land taken.
Petition to superior court.
Petition for damages to property in
Dukes County or Nantucket.
Time of filing petition.
17. Extension of time when proceedings are
quashed.
Extension of time if validity of pro-
ceedings is contested.
Extension of time if time for locating
or constructing work is extended.
Petition by guardian, conservator or
trustee.
12.
13.
14.
15.
16.
18.
19.
20.
Sect.
21. Death of party entitled to damages.
22. Pleading and procedure.
23. Different interests in same parcel.
24. Tenant for life or years and remainder-
man.
25. Damages to be placed in trust.
20. Appointment of trustee.
27. Other forms of different interests.
28. Notice to holders of different interests.
29. Apportionment of damages.
30. Appointment of guardian ad litem or
trustee.
31. Petition by tenant or trustee.
32. Mortgaged land.
33. Apportionment of damages between
mortgagor and mortgagee.
34. Petition to be advanced for speedy
trial.
35. Evidence of assessed value of land
taken or injured.
30. Discontinuance of petition.
37. Interest.
3S. Costs.
39. Settlement and tender.
40. Security for damages.
41. Collection of award.
42. Removal of str\ictures in street to en-
force payment of damages.
43. Effect of abandonment of easement.
44. Taking by the United States.
45. Provisions of this chapter and chapter
SOA exclusive.
The order. SECTION 1. The taking of mil estate or of any interest therein hy 1
i796r58®'§ «'■ right of eminent domain may l)e elYecteil in the following manner. A 2
!ii: 77f'§\*' board of officers upon whom authority to take real estate by eminent o
1859 132 S^2 domain on behalf of any body politic or corporate has been conferred by 4
Chap. 79.] eminent domain. 903
5 law, having first complied with all the preliminary requirements pre- g.s. 4.1,513.
6 scribed by law, may adopt an order of taking, which shall contain a p. .s.'m,'''
7 description of the land taken sufficiently accurate for identification, and is9o',270.
8 shall state the interest therein taken and the purpose for which such JIgg; 4I4; 1 3;
9 property is taken, and in case such taking is for an improvement for f^ ^- **• 5§ «.
10 which betterments may be assessed shall state whether betterments are J9J2. sm. 8^7.
11 to be assessed therefor. In case there are trees upon the land taken, or §5 s.'bv. '
12 structures affixed thereto, the order of taking shall state whether the § is?, subs. 1.
13 same are to be included in the taking, and, if they are not so in- 1920; 2.
14 eluded, shall allow the owner a reasonable time after the date of the | kS'^ itf2'''
15 order or after entry or possession to remove the same, to be specified in 7 Gray! too!
16 the order.
16 Gray, 36. 158 Mass. 284. 258 Mass, 115.
121 Mass. 42. 164 Mass. 306. 259 Mass. 478.
123 Mass. 289. 184 Mass. 416. 263 Mass. 124.
131 Mass. 470. 247 Mass. 46, 417. 272 Mass. 161.
141 Mass. 317. 255 Mass. 67. Op. A. G. (1919) 107.
149 Mass. 328.
1 Section 2. Where no other provision is made by law, a taking of ^^ing^ITade.
2 land by eminent domain by or on behalf of the commonwealth shall be '^j'^^ -^J^^ 2
3 made by the governor and council, a taking by or on behalf of a county 1919/5.
4 by the county commissioners of such county, a taking by or on behalf
5 of a city by the aldermen, a taking by or on behalf of a town by the
6 selectmen, a taking by or on behalf of a district by its prudential com-
7 mittee, and a taking by or on behalf of a private corporation by its
8 board of directors.
1 Section 3. The board of officers by whom an order of taking has Recording
2 been adopted under .section one shall within thirty days thereafter cause Proceedings
3 a copy thereof, signed by them or certified by their secretary or clerk, or, pos'ses'Son of
4 in case of a taking by or on behalf of a city by a board of officers having R.X39,' Tts.
5 no secretary or clerk, certified by the city clerk, to be recorded in the G*^s.'4l,^§2f'
6 registry of deeds of every county or district in which the property taken 63;.| '^^.^
7 or any of it lies. The copy of an order of taking made under chapter one isiji! los.
8 hundred and fifty-nine in connection with proceedings thereunder to §'s2.'3;3d3, §1.
9 abolish grade crossings by the department of public works, or by the i87s: 135,' § 2. '
10 department of public utilities, may be filed and recorded without the pay- m.^*!) 3^^'
11 ment of any fee therefor. Upon the recording of an order of taking under Jgg^^^fn^' '^®'
12 this section, title to the fee of the property taken or to such other interest ||g3' ^-.p.
13 therein as has been designated in such order shall vest in the body politic *^^^\?,-. '.q^
14 or corporate on behalf of which the taking was made; and the right to §8. ' "'
15 damages for such taking shall thereupon vest in the persons entitled 288. '§ 6. '
16 thereto unless otherwise provided by law; provided, however, that when \ll^[ II9; 1 2.
17 a taking is made for the purpose of a highway or town way or for ditches l^lfira,'*^ f?*'
18 or drains for draining the same, the right to damages shall not vest until 4§4^'.^J''' ^ ^'
19 such way, drain or ditch has been entered upon or possession thereof has ^o\, .31^3, § 2.
20 been taken for the purpose of constructing the same, and if such entry §§36."4S;
21 is not made or possession taken within two years of the date of the order, 49! § 2';'"
22 the taking shall be void. _ nll^efi'' '^'''^
23 If the person in possession of property which has been taken in fee, or {gljj l'}J^[
24 in which an easement has been taken, by eminent domain under this {j/ §§'114,^^*'
25 chapter refuses to permit the body politic or corporate by which the igs^ ^^^ 5 2
26 taking was made to enter thereon and take possession thereof or to exer- 1909! 429!
27 cise its rights under the taking after thirtv days' notice in WTiting sent to 1917! 329! § 3;
28 him by registered mail or posted upon the property so taken or in which es. ' '
904
EMINENT DOMAIN.
[Chap. 79.
1918, 257.
S 187, subs
1919, 5.
1920, 2.
1924. 110.
1928, 124.
1930, 417, .
98 Mass. 491
101 Mass. 439.
122 Mass. 338.
123 Mass. 543.
136 Mass. 477.
140 Mass. 570.
141 Mass. 317.
12.
an easement has been so taken, the board of officers having the direction 29
and control of the pubHc improvement in connection with which the 30
taking was made may issue its warrant to the sheriff of the county in which 31
the property is situated or to his deputy directing him to make entry on 32
the property so taken and to take possession thereof or of tiie easement 33
therein which has been taken, on behalf of said body politic or corporate, 34
and such sheriff or his deputy shall forthwith execute said warrant using 35
such force as he may deem necessary for the purpose. 36
Taking of
registered land.
1890, 270.
1898, 5152. 5 90,
1899, 424, § 3.
R. L. 128, § 89.
1918,257,
§ 187, subs. 4.
1919, 5.
1920, 2.
211 Mass. 442.
266 Mass. 329.
Taking of land
already in
public use.
1835, 148, § 3.
R. S. 39, § 65.
1853,351, § 1.
G. S. 63, § 19,
1862, 223, § 2.
1874, 355, § 1;
372, § 60.
1875, 163,
§H.3.
1878, 135, 5 2.
P.S. 54. §513,
15; 87, §3;
112, §91.
1882, 154. § 10.
1884, 134.
1889, 414, § 2.
1893, 75.
1895, 503, § 2.
R. L. 28. § 11;
53, §§ 17-19;
87, § 17; 88,
§2; HI, §95,
1906, 463, II,
§78; 508, § 5.
1907, 474, § 3.
1909, .504,
§§23, 107.
1915, 157, § 2.
1917, 344, VI,
§5 7-9.
1918, 257,
§ 187, subs. 5.
1919, 5.
1920, 2.
10 Mass. 70.
5 Pick. 492,
10 Pick. 247,
270.
13 Pick. 195.
16 Pick. 87.
3 Met. 445.
4 Cush. 03.
1 Grav, 203,
5 Gray, 451.
147 Mass. 618.
150 Mass. 350, 489.
164 Mass. 18.
173 Mass. 48.
186 Mass. 128.
188 Mass. 338.
189 Mass. 513.
199 Mass. 369.
200 Mass. 94.
211 Mass. 165.
213 Mass. 485.
220 Mass. 116.
224 Mass. 292.
247 Mass. 46.
255 Mass. 67.
2.59 Mass. 478.
266 Mass. 329.
26S Mass. 32!). 497.
272 Mass. 457.
Section 4. If land of a registered owner, or any right or interest
therein, is taken by eminent domain, the board of officers by whom the
taking is made shall file for registration in the proper registry district
a description of the registered land so taken, giving the name of each
owner thereof, referring by number and place of registration in the
registration book to each certificate of title, and stating what estate or
interest in the land is taken, and for what purpose. A memorandum
of the right or interest taken shall be made on each certificate of title
by the assistant recorder. If the fee simple of part of the registered land
is taken a new certificate shall be entered to the owner for the land re-
maining to him after such taking. All fees on account of any memoran- 11
dum of registration or entry of new certificates shall be paid by the body 12
politic or corporate which takes the land. 13
1
2
3
4
5
6
7
8
9
10
Section 5. No portion of a state institution shall be taken for a
public way, canal, railroad or railway without leave of the general court
specially obtained. No portion of a highway, public building or cemetery
shall be taken for railroad purposes outside the limits of the route fixed
for such railroad without the consent of the town in which the land sought
to be taken is situated. No portion of the land taken for or held as a
park by a town under chapter forty-five shall be taken or used for a public
way, canal, railroad or railway, or for altering or widening the same,
without the approval of the board having control of the public parks of
such town. No portion of a common or park dedicated to the use of the
public, or appropriated to such use without interruption for a period of
twenty years, shall be taken or used for a public way, canal, railroad or
railway, or for altering or widening the same, except with the consent of
the city or town in which such common or park is situated after public
notice, given in the manner provided in cases of the laying out and altera-
tion of highways, stating the extent and limits of the portion thereof
proposed to be taken. Such consent shall be expressed by a vote of the
inhabitants, if ten or more voters file a request in writing to that effect
with the selectmen or aldermen within thirty days after the publication
of the notice; in the absence of such request, consent shall be presumed.
In a city such vote shall be taken by ballot on a day appointed for the
purpose by the aldermen, which may be the day of any election. Notice
tliat such vote is to be taken with a statement of the question to be voted
upon shall be given by the aldermen in the manner provided by law for
giving notice of city elections, fourteen days at least before the day ap-
pointed therefor, and all provisions of law relative to elections consistent
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
24
25
26
Chap. 79.] eminent domain. 905
27 herewith shall be applicable to such vote, and a certificate of the result no M^aM^49i.
28 shall be recorded by the city clerk.
118 Mass. 391. 140 Mass. 87. 156 Mass. 172. 184 Mass. 140.
119 Mass 516. 148 Mass. 578. 157 Mass. 55. 185 Mass. 186.
124 Mass. 368. 163 Mass. 561. 166 Mass. 224, 347. 212 Mass. 583.
135 Mass. 263. 154 Mass. 424. 183 Mass. 307. 223 Mass. 213.
138 Mass. 277.
1 Section 6. When a taking is made on behalf of the commonwealth, Award of
2 or of a county, city, town or district, the board by whom the taking is tSg'is by""
3 made shall, at the time when the order of taking is adopted, award the Isw^m""'
4 damages sustained by persons in their property by reason of such taking. g.*s.'4T§U5',
5 Such damages shall be paid by the body politic or corporate on behalf f?s.49, §§15!
6 of which the taking was made, unless other provision is made by law; 69^^ ^^^ ^^'
7 but when a taking is made for the purposes of a highway or town way, 1890! 428', § 5.
8 or of a ditch or drain for draining the same, or for the purpose of abolish- 1893] 407] § 7.
9 ing a grade crossing under chapter one hundred and fifty-nine, the amount lls^'s^i.'''
10 awarded shall not be payable until entry is made upon the land within J*^^, 406, 5 e.
11 the limits of the taking, or possession thereof is taken for the purpose of J^^^'j-""'
12 constructing such wav, ditch or drain or for abolishing such grade i9oo,463.
13 crossing.
R L. 25, § 37; 28, § 20; 22 Pick. 263. 108 Mass. 535. 187 Mass. 45.
48, §6 13, 69; 111, § 153. 2 Met. 558. 116 Mass. 165. 189 Mass. 439,
1903, 478. 10 Met. 465. 117 Mass. 76, 79. 505, 540.
1905, 408, § 3. 12 Met. 123. 121 Mass. 42. 193 Mass. 488.
1906, 463, I, §§37, 68. 3 Cush. 25, 58. 122 Mass. 338. 197 Mass. 412, 531.
1908. 390, § 1. 8 Cush. 360. 125 Mass. 216. 202 Mass. 585.
1910, .508, § 2. 2 Gray, 267. 137 Mass. 255. 220 Mass. 116.
1917, 329, §3; 4 Gray, 537. 144 Mass. 139, 579. 221 Mass. 169.
344, II, §§ 14, 43. 5 Gray, 35, 372. 162 Mass. 170. 228 Mass. 202.
1918, 257, § 187, 9 Gray, 346. 164 Mass. 18, 354. 2.59 Mass. 478.
subs 6. 3 .\llen, 538. 166 Mass. 508. 263 Mass. 124.
1919, 5. 98 Mass. 491. 178 Mass. 382. 272 Mass. 457.
1920, 2. 101 Mass. 439. 183 Mass. 295.
1 Section 7. Wlien a taking is made on behalf of a railroad corpora- Award of
2 tion, the damages shall be awarded by the county commissioners of the tSrisby™
3 county in which the land taken lies, upon the petition of such corjjora- p"ration.°''
4 tion or of any person entitled thereto, if filed within one year of the J^^s, i87, § i.
5 date when the taking is recorded. When the taking is made on behalf R^l'gg^j^^jl
6 of a private corporation other than a railroad corporation the damages se^ss^M 76^.'
7 shall be awarded by the aldermen of the city, or the selectmen of the s; is's.
8 town, in which the land taken lies, upon the petition of such corporation 1854; us. § 33.
9 or of any person entitled thereto, if filed within one year of the date ^f.lg^lefsgf '
10 when the taking is recorded; provided, that there shall be no award of isel^g's^-
11 the damages caused by the taking of land or other acts performed in the jses, se^
12 abolition or alteration of a grade crossing under chapter one hundred ||63. 64;'
13 and fifty-nine, but the amount of such damages may be agreed upon by 1875, 223, § 1.
14 the party primarily liable therefor and any person entitled thereto. A m§§'4!5°^'
15 petition for an award of damages under this section may be filed in the }s84,^306?'u.'
16 office of the board having jurisdiction of the subject matter thereof at any 1^95, 350.^ ^^^^
17 time within the period herein limited, but no petition shall be received J^J. f,i,^^^3
18 or damages awarded under this section after a petition with respect to 1906 JS, a,
19 the same subject matter has been filed in the superior court under section 1912,725,
20 fourteen.
1917, 344, II. § 81. 4 Gray, 301. 121 Mass. 124.
1918, 257, § 187, subs. 7. 7 Gray, 389, 450. 124 Mass. 118.
1919,5. 7 Allen, 313. 125 Mass. 1.
1920, 2. 14 AUen, 55. 127 Mass. 571.
3 Met. 380. 103 Mass. 1, 10. 136 Mass. 75.
7 Met. 78. 105 Mass. 303. 141 Mass. 174.
3 Cush. 107. 107 Mass. 352. 162 Mass. 506.
4 Cush. 291, 467. 109 Mass. 527. 172 Mass. 197.
10 Cush. 385. 112 Mass. 334. 174 Mass. 99.
12 Cush. 224. 113 Mass. 52, 277. 194 Mass. 80.
906
EMINENT DOMAIN.
[Chap. 79.
§67.
jtil-
S67,
, 5 31
Notice.
1835, 122.
R. S. 24,
G. S. 43, . --
1868, 160, § 4.
1871, 158.
1873, 51.
1874, 341
P. S. 49, I
89,90:80, . ...
R. L. 48, § 93.
1904, 443, § 5.
1905, 390.
1911, 486, § 1.
1917, 344, II,
§§ 57, 64.
1918, 257,
§ 187, subs. 8.
1919, 5.
1920, 2.
1 Met. 404.
2 Met. 220.
2 Gray, 414.
98 Mass. 491.
119 Mass, 480.
121 Mass. 132.
136 Mass. 477.
146 Mass. 194.
166 Mass. 399.
174 Mass. 424.
178 Mass. 276.
197 Mass. 414,
633.
Section 8. Immediately after the right to damages becomes vested, 1
the board of ofBcers who have made a taking under this chapter shall 2
gi\-e notice thereof to every person whose property has been taken or 3
who is otherwise entitled to damages on account of such taking. Such 4
notice shall be in writing and shall describe in general terms the pur- 5
pose and extent of the taking, and shall state the amount of damages, 6
if any, awarded to the person to whom it is sent, or, if no damages have 7
been awarded, the time within which he may petition for an award of 8
the same, and in either case the time within which he may petition the 9
superior court to determine his damages under section fourteen. Such 10
notice may be served by personal service, or by leaving an attested 11
copy thereof at the last and usual place of abode of the person to be 12
notified if he is a resident of the commonwealth, by any person author- 1.3
ized to serve civil process, or notice may be given to persons within or 14
witiiout the commonwealth, by registered mail or other suitable means. 15
Failure to give notice shall not affect the validity of the proceedings, 16
or the time within which a petition for damages may be filed, except 17
as provided by section sixteen. 18
247 Mass. 46. 272 Mass. 457.
Award of dam-
ages caused by
order not consti-
tuting a taking.
1842, 86.
1847, 259, § 4.
1849, 93, S 4.
G. S. 43, §§ 15,
63; 64, § 4,
P.S. 49, §§15,
69; 109, 5 4.
1884.300, § 1.
1895, 350; 488,
§ 13.
R. L. 48, §§ 14,
69: 122, 5 3.
1917,344, II,
§§15,43.
1918, 257,
§ 187, subs. 9.
1919, 5,
1920, 2.
12 Mass. 466.
1 Pick. 418.
21 Pick. 344.
2 Met. 658.
3 Met. 380.
5 Met. 81,368.
7 Met. 276.
8 Met. 200.
3 Cush. 91, 107.
7 Cush. 254.
9 Cush. 1.
10 Cush. 235.
12 Cush. 224.
2 Grav, 137.
4 Gray, 301.
5 Gray, 35, 110.
Section 9. When injury has been caused to the real estate of any 1
person by the establishment, construction, maintenance, operation, alter- 2
ation, repair or discontinuance of a public improvement which does 3
not involve the taking of private property, and he is entitled to com- 4
pensation by law for such injury, if such establishment, construction, 5
maintenance, operation, alteration, repair or discontinuance was effected 6
by or in accordance with a formal vote or order of the board of officers 7
of a body politic or corporate duly authorized by law, the damages 8
shall be awarded, determined and collected and notice of the order shall 9
be given in the same manner as if there had been a taking of property 10
on behalf of such body politic or corporate under section one. In case 11
such establishment, construction, maintenance, operation, alteration, re- 12
pair or discontinuance is an improvement for which betterments may be 13
assessed, such vote or order shall state whether betterments are to 14
be assessed therefor. The damages shall be assessed as of the date when 15
the vote or order is adopted, but tlie right to damages shall not vest 16
and the damages shall not be paid until the work which caused the 17
injury has been completed, or until the public improvement which has IS
been discontinued has ceased to be open to public use, and if the order 19
does not go into effect, or is rescinded or altered, only so much of the 20
damages shall be paid as has been actually sustained. 21
6 Gray, 544.
II Gray, 26, 353.
3 Allen, 501, 574.
10 Allen, 591.
14 Allen, 65.
98 Mass. 428.
103 Mass. 1.
108 Mass. 261.
III Mass. 27.
113 Mass. 62, 111, 218.
114 Mass. 490.
116 Mass. 458.
121 Mass. 5, 241.
122 Mass. 1, 342.
123 Mass. 622.
124 Mass. 461. 564.
126 Mass. 253.
126 Mass. 422.
127 Mass. 69.
131 Mass. 491.
133 Mass. 65, 361. 433, 488.
134 Mass. 267.
136 Mass. 75, 409.
137 Mass. 256, 478.
139 Mass. 389.
141 Mass. 174.
143 Mass. 490.
144 Mass. 139, 679.
147 Mass. 618.
149 Mass. 44.
151 Mass. 196.
162 Mass. 307.
153 Mass. 218, 245.
154 Mass. 100, 609.
157 Mass. 17.
158 Mass. 185.
169 Mass. 597.
162 Mass. 170.
163 Mass. 164.
164 Mass. 1, 18, 330, 354,
166 Mass. 403, 480.
167 Mass. 364.
170 Mass. 593.
172 Mass. 180, 197.
174 Mass. 556.
176 Mass. 246, 459.
170 Mass. 75.
177 Mass. 173.
178 Mass. 385. 386, 626.
181 Mass. 76.
182 Mass. 220, 351, 397, 537.
183 Mass. 178, 234, 294.
421, 686.
184 Mass. 279, 566.
186 Mass. 540, 594.
187 Mass. 45, 328, 356.
188 Mass. 405, 414.
189 Mass. 254, 439.
191 Mass. 75, 103, 223, 513.
194 Mass. so, 302.
197 Mass. 4.
199 Mass. 274, 292.
200 Mass. 400. 425.
201 Mass. 585.
202 Mass. 115, 422, 685.
203 Mass. 31, 372.
209 Mass. 298. 419.
214 Mass. 254.
216 Mass. 381.
218 Mass. 220, 321.
220 Mass. 116, 376. 575.
221 Mass. 169.
Chap. 79.] eminent domain. 907
1 Section 10. WTien the real estate of any person has been taken for Award of
2 the public use or has been damajjed by the construction, maintenance, b^cfs'^fn'^pa^
3 operation, alteration, repair or discontinuance of a pubhc improvement r.^s.' ft; | ?:
4 or has been entered for a pubHc purpose, but such taking, entry or figg, gy.
5 damage was not effected by or in accordance with a formal vote or J^ ^..~*^ \^-
0 order of the board of officers of a body politic or corporate duly author- js^i. iss
7 ized by law, or when the personal property of any person has been rs.'ss.'ss;
8 damaged, seized, destroyed or used for a pubhc purpose, and by such mbi, m.'
9 taking, damage, entry, seizure, destruction or use he has suffered an \lli] 49J; | if
10 injury for which he is entitled to compensation, the damages therefor {^''l. |2*5\|^
11 may be recovered under this chapter. If the injury was caused by or ^^ p^^, 16;
12 on behalf of the commonwealth or of a county, city, town or district, 'not 191, §7;
13 the officer or board of officers under whose direction or control the loie, mo, § s.
14 injury was caused shall award the damages upon the petition of any iv, §§ 21! 22.
15 person entitled* thereto. If the injury was caused by a railroad corpora- ufi.^subs. 10.
16 tion, the county commissioners of the county in which the property fgio^g/^*'
17 taken, damaged, entered upon, seized, destroyed or used was located, g^^^^f 17.,
18 and, if the injury was caused by a private corporation other than a 462 '
19 railroad, the aldermen of the city or the selectmen of the town in which 100 Mass. 84'.
20 such property was located, shall award the damages upon the petition iTflkasslses!
21 of any person entitled thereto or of the corporation liable therefor. In gfg.'^''''^' ^^*'
22 case of a specific taking, entry, seizure or other act causing destruction }gg JJ^^^; 535
23 or damage or depriving the owner of the use of his property permanently 220 Mass. 575.
24 or for a definite period of time the damages shall be assessed as of the 246 Mass. 349.
25 date of such taking, entry, seizure or other act and the right thereto
26 shall vest on such date and a petition for an award of damages therefor
27 under this section may be filed within one year thereafter; otherwise
28 damages shall be assessed with respect to any parcel of property as of
29 the date when such property was first injuriously affected, the right
30 thereto shall vest upon the completion of the public improvement which
31 caused the injury, and a petition for an award of damages therefor
32 under this section may be filed within one year after such completion.
1 Section 11. If a single parcel of land taken or injured by a private Petition for
2 corporation lies in more than one county or in more than one town, a damages when
3 petition for an award of damages under section seven may be made to mm Iha'^one
4 the appropriate board of officers of either of such counties or of either of to™'^ ' "^^ °'
5 such towns. The board of officers to whom petition is first made shall g^I'63^|23^'
G have exclusive jurisdiction thereof, and shall award said damages as p%?'jY2^'Ao5-
7 though the land lay entirely in one county, or in one town. If land r.'l. 111', §109^
8 injured by a public improvement lies outside the commonwealth, the §93.'
9 petition may be made to the board which would have jurisdiction if it uliSs. 11.
10 lay in the same county, or in tlie same town, as such public improvement. \lll[ 2.
142 Mass. 394.
1 Section 12. The damages for property taken under this chapter Measure of
2 shall be fixed at the value thereof before the taking, and in case only r"s. 24/ § 31.
3 part of a parcel of land is taken there shall be included damages for all g. .s.' 43.' § le.
4 injury to the part not taken caused by the taking or by the public im- Jfgl; 75*' ^ ^■
5 provement for which the taking is made; and there shall be dcflucted p*s^'4|f5 ig.'
6 the benefit accruing to the part not taken unless it was stated in the sij^J s.^^
7 order of taking that betterments were to be assessed. In determining us.'
8 the damages to a parcel of land injured when no part of it has been .w, § 3. '
9 taken, regard shall be had only to such injury as is special and peculiar § le.'iii.'ss.
908
EMINENT DOMAIN.
[ClIAP. 79.
1918, 257,
§ 187, subs. 1:
1919, 5.
1920, 2.
2 Mass. 489.
5 Mass. 435.
6 Mass. 246,
454.
17 Pick. 58.
to such parcel, and there shall be deducted the benefit accruing to such 10
parcel, unless it was stated in the order of taking, or if there was no 11
taking in the order for the establishment, construction, alteration, repair 12
or discontinuance of the public improvement which caused the injury, 13
that betterments were to be assessed. 1-t
2 Met. 147. 116
3 Met. 380. 117
5 Met. 368. US
4Cush. 291. 119
2 Gray, 267, 271. 120
4 Gray, 537. 121
5 Gray, 35. 125
7 Gray, 106. 371,
11 Gray, 26, 413, 415. 127
13 Gray, 146, 546. 133
14 Gray, 155, 214. 134
15 Gray, 106, 154. 135
1 Allen, 324. 136
3 Allen. 133. 137
7 Allen, 313. 143
12 Allen, 223. 144
98 Mass. 312. 147
100 Mass. 350. 151
103 Mass. 1, 10. 155
104 Mass. 18. 1.57
105 Mass. 199. 1.58
106 Mass. 53. 159
108 Mass. 60, 70, 160, .535. 160
109 Mass. 225, 243, 438. 162
110 Mass. 224. 163
112 Mass. 181. 164
113 Mass. 88, 97. Ill, 262. 165
114 Mass. 490, 513. 167
115 Mass. 1, 377. 168
Mass. 200.
Mass. 363.
Mass. 546.
Mass. 126, 404.
Mass. 393, 395.
Mass. 124.
Mass. 1, 34, 226,
544, 5.57.
Mass. 571.
Mass. 253.
Mass. 98.
Mass. 561.
Mass. 75.
Mass. 163, 319.
Mass. 521.
Mass. 139, 317.
Mass. 609.
Mass. 28, 250.
Mass. 35.
Mass. 218.
Mass. 21, 185, 526.
Mass. 283.
Mass. 303.
Mass. 422.
Mass. 164.
Mass. 1, 107, 368, 380.
Mass. 88.
Mass. 128.
Mass. 364, 541.
169 Mass.
172 Mass.
173 Mass.
507, 552.
175 Mass.
177 Mass.
178 Mass.
179 Mass.
180 Mass.
181 Mass.
183 Mass.
184 Mass.
188 Mass.
191 Mass.
193 Mass.
195 Mass.
196 Mass.
201 Mass.
202 Mass.
209 Mass.
210 Mass.
212 Mass.
215 Mass.
220 Mass.
221 Mass.
223 Mass.
235 Mass.
264 Mass.
271 Mass.
103.
289.
100, 425,
299.
46.
172, 225, 386.
365.
325.
374, 438.
178.
279, 304, 541.
405.
223, 513.
196.
338.
171.
585.
115, 585.
298.
259.
299.
150, 255, 381.
507.
169.
119.
1.
9.
415.
i7.
10.
Buildings and
trees on land
taken.
1693-4, 6, § 3
1796, 58, § 6.
1802, 135, § 4,
1827, 77, !
R. S. 24, i
1848, 98,
§§1,2.
1859, 132,
§§ 1,2,4.
G. S. 43, §§ 13,
74.
1866, 174,
§§2,4.
1868, 75.
1869, 367,
1871, 382,
§§3,4.
P. S. 49, §5 9,
17, SO; 51, § 3.
R. I.. 48, §§8,
16. 81 ; .50, § 3.
1912, 554. §7.
1917,344, II,
§§ 8, 17, 55,
in, § 3.
1918, 257,
§ 187, subs. 13.
1919,5.
1920, 2.
3 Mass. 406.
6 Gray, 442.
7 Gray, 109.
121 Mass. 42.
149 Mass. 328.
151 Mass. 28.
184 Mass. 416.
J3.
Section 13. If there are trees upon or structures affixed to the land
taken which are not included in the taking, the owner may remove the
same, but the damages shall include the value thereof, so far as they
enhance the value of the land, and the value thereof for purposes of
removal shall be deducted from the damages. If part of a parcel to
which structures are affixed is taken, the damages shall include the value
of all structures upon such parcel so far as they enhance the value of
the land, deducting therefrom the value of all structures or parts thereof
left standing on the part not taken, and, if the taking did not include
the structures, the value for purposes of removal of the structures uiion
the part taken. If the owner of trees upon land taken refuses or neg-
lects to remove them within the time specified in the order of taking,
he shall be deemed to have relinquished his rights thereto. If the owner
of structures upon land taken refuses or neglects to remo\'e them within
the time specified in the order of taking, the officers having the direction
and control of the public improvement in connection with which the
taking was made shall sell such structures at public auction, after five
days' notice of such sale, and hold the proceeds for the benefit of such
owner, and the exjjenses of such sale shall be deducted from the owner's
damages; but if such property is of less value than the estimated ex-
pense of such sale no sale need be made. In that case, or if at the sale
no person bids for such property, the owner thereof shall be held to
have relinquished his right thereto. If the owner of personal property
lying upon land taken refuses or neglects to remove it after reasonable
notice in writing from the officers having the direction and control of
the public improvement in connection with which the taking was made,
he shall be held to have relinquished his right thereto.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
25
26
07
Petition to Section 14. A person entitled to an award of his damages under 1
superior court. •^i-'^^^ i' ,',,,.. , , i o
1756-7,^18 §2. this chapter or the body politic or corporate bound to pay the same, 2
1812] 121. whether a petition has or has not been filed or award made under sec- 3
Chap. 79.] eminent domain. 909
4 tion six, seven, nine or ten, may petition for the assessment of such isss, is?, 5 1.
5 damages to the superior court of the county in which the property it.s.24, U3:
6 taken or injured was situated. If a single parcel of hind so taken or isii, 125, §3.
7 injured Ues in more than one county, the petition may be filed in the J|t?: ?|i,S^.
8 superior court of either such county, and the court in which such petition }|*«; 237.
9 is first filed shall have exclusive jurisdiction thereof and shall assess i|m'. a.^ii 1. 2.
10 damages as though the land lay entirely in one county; provided, that ^j.^^gSS'i^gSss.
11 if a petition for damages has previously been filed under section eleven, §§'22.'23, 37.
12 the petition to the superior court shall be filed in the same county. If 411, '§2.'
13 the land injured lies outside the commonwealth, such petition shall be IgyJIfii.^^-
14 filed in the superior court of the county in which the public improvement If^j'^^jl; ^"'
15 which caused the injury is situated.
1876 22 R- L- 25. §§ 37, 49; 28. § 20; 129 Mass. 1.35.
1881 7-122 48, §5 27, 109, 113; 111, 139 Mass. 172, 210.
P S 27, § 42; 44, 55 48, 49; §§ 103. 109. 143 Ma.ss. 192.
49, 55 32, 105. 107, 109; 1905, 456, 5 5. 146 Mass. 52.
112 §5 99 105. 1906, 463, II, 5 §87, 93. 149 Mass. 329.
1882 154, 8 5. 1910, 508, § 2. 160 Mass. 483, 486.
1890' 270 1914, 33. 174 Mass. 406.
1893 407 § 7 1917, 344, II. §5 27, 79, 83. 176 Mass. 118.
1894! 175; 288, § 5. 1918, 257, | 187, 189 Mass. 513, 540.
1895' 406.' § 6; subs. 14. 194 Mass. 80.
488 6 13 1919, 5. 223 Mass. 66.
1897, 299, 5§ 3, 4. 1920, 2. 224 Mass. 292.
1898 463 5 2 100 Mass. 103. 246 Mass. 349.
1899, 306, § 1; 379, §§ 3, 4; 117 Mass. 76. 264 Mass. 9.
424 S3 119 Mass. 48.5. 268 Mass. 497.
1900 299 126 Mass. 287. 271 Mass. 415.
1901, 313, § 3. 127 Mass. 571. 272 Mass. 372.
1 Section 15. Any person entitled to file a petition under section Petition for
2 fourteen for damages arising from the taking of property in the county pfoimy in
3 of Dukes or of Nantucket, or for injury thereto, may file such petition ""NlnfuTel^
4 in the superior court for the county in which the property was situated \l^l ^o ^ ^^^
5 or in the superior court for the county of Bristol. i^^ij; 344, ii,
1918, 257, § 187. subs. 15. 1919, 5. 1920, 2,
1 Section 16. A petition for the assessment of damages under section Time of fiKng
2 fom-teen may be filed within one year after the right to such damages f^se-T^'is, § 2,
3 has vested; but any person whose property has been taken or injured, Isii; i2'i.^*'
4 and who has not received notice under section eight or otherwise of the Jl^^. l^-^^^f
5 proceedings whereby he is entitled to damages at least sixty days before R;^| 24, '§ 14.
6 the expiration of such year, may file such petition within six months }|«'2oo-
7 from the time when possession of his property has been taken or he has g. s.' 43, § 22.
8 otherwise suffered actual injury in his property.
P S 49, §§ 33, 89, 90. 8 Gush. 360. 181 Mass. 380.
1890 270' 11 Gush. 487. 185 Mass. 219.
1892, 41.5. § 1. 2 Gray, 232. 186 Mass. 79.
1893, 407, § 7. 7 Gray, 389. 187 Mass. 328.
1894, 288, § 5. 9 Gray, 341. 189 Mass. 513.
1895, 406, § 6; 488. § 13. 99 Mass. 236. 193 Mass. 530.
1898, 463, § 2. 117 Mass. 78, 566. 197 Mass. 412.
1899, 424, I 3. 120 Mass. 416. 203 Mass. 31.
1901, 313, 5 3. 128 Mass. 97. 224 Mass. 292.
R.L. 25. §37; 48, §§28, 93. 137 Mass. 482. 246 Mass. 349.
1905 456 § 5. 144 Mass. 459, 470. 250 Mass. 471.
1917 344, il, §§ 28, 64. 147 Mass. 618. 251 Mass. 41.
1918 257, § 187, subs. 16. 150 Mass. 564. 256 Mass. 41.
1919 5 175 Mass. 590. 268 Mass. 329.
1920, 2.
1 Section 17. If a person petitions for an award or assessment of his Extension of^
2 damages within the time limited by law, or is a party to such petition ceTdings^are"'
3 by another person, and the petition is quashed, abated or otherwise isJll'isi, § 2.
4 avoided or defeated for any inaccuracy, irregularity or matter of form, ^874,372.^^80.
5 or if, after verdict for such petitioner or other party, the judgment is J^^- Vn|lle;
6 arrested or reversed on a writ of error, or the proceedings are quashed i9«*5*63', 11.
910
EMINENT DOMAIN.
[Chap. 79.
1918, 257. on certiorari, such petitioner or other party may begin such proceedings 7
i'jia.'s^" '' ' anew within one year after such abatement, reversal or other determina- 8
1920, 2. . • r>
125 Mass. 483. tlon. V
268 Mass. 329.
Extension of
time if validity
of proceedings
is contested.
1756-7, 18, § 2.
1786, 67, § 4.
1812, 121.
1827, 77, § 12.
1834, 173, § 1.
1835, 148, § 7.
R. S. 24, § 14;
39, § 59.
1842, 86, 5 3.
1849, 200.
1857, 133.
G. S. 43, § 22;
63, § 30.
1874, 372, § 79.
Section 18. If a suit, in which the right of a body pohtic or cor- 1
porate to effect a particular public improvement or to make a particular 2
taking is drawn in question, is brought within the time for filing a peti- 3
tion to the proper tribunal for an award or assessment of the damages 4
caused by such improvement or taking, or wathin six months after the 5
determination of an earlier suit involving" the same question, brought 6
within the time for filing such petition, which failed for want of juris- 7
diction, defect of form or other like cause not decisive of the merits of 8
the controversy, the petition may be filed within six months after the 9
final determination of such suit. 10
§ 111.
p. S. 49, § 33; 112,
1892, 415, § 1.
1899, 342.
1900, 108, § 1.
1901, 498.
R. L. 48, § 28; 111, § 115.
1904, 186.
1906, 463, II, § 99.
1917, 344. II, § 28.
1918, 257, § 187, subs. 18.
1919, 5.
1920, 2.
7 Gray, 450.
99 Mass. 236.
117 Mass. 79.
128 Mass. 97.
137 Mass. 478.
Extension of
time if time for
locating or con-
structing work
is extended.
1862, 103.
1874, 372, § 78.
P. S. 112, § 110.
R. L. Ill, §114.
1906, 463, II,
198.
1918, 257,
§ 187, subs. 19.
1919, 5.
1920, 2.
Section 19. If the time for locating or constructing a public im- 1
provement by a private corporation shall be extended by statute, all 2
unsettled claims against the corporation for damages to land shall be 3
revived, and the claimants for such damages may petition to the proper 4
tribunal within one year after the taking effect of such statute. This 5
section shall not apply to cases in which, by reason of a defect in the 6
original location of a public improvement already constructed, there has 7
been a new location thereof. 8
Tua'rdi'an!"' Section 20. If damages may be recovered under this chapter for
™n|ejvatoror ^j^g taking of or iiijury to property of a person under guardianship or
R.I. 39, §93. conservatorship or property held in trust, the guardian, conservator or
1874', 372. §'7'4. trustcc may petition for and recover, and may release all such damages
E.L. Ill', I no: in like manner as if the land or other property were held in his owii right.
1906, 463, II, § 94. 191S, 2.')7, § 187, 1919, 5.
1915, 23. subs. 20. 1920, 2.
Death of party
entitled to
damages.
1805, 99, § 2.
1822, 110, § 1.
1828, 112.
1834, 2.
R. S. 14, § 66;
93, § 7.
1842, 89, § 1.
1859, 228.
Section 21. If a person who is entitled to petition for an award or
assessment of his damages under this chapter dies without filing sucli
petition within the time limited therefor, his executor or administrator
may within one year from the date of his appointment file such petition
in the same manner and with the same effect as if filed by the deceased
in his lifetime.
Pleading and
I)ri)rcdure.
1847, 259, § 3.
1855, 9, § 2.
G. S. 63, § 33.
1874, 372, § 69.
P. S. 112, § 101.
1895, 488, § 13.
1899, 306, § 2.
G. S. 17, § 58; 127, §§ 1, 21.
P. S. 25, § 10;
165. §§ 1, 23.
R. L. 171, §§ 1, 16.
1918, 257, § 187, subs. 21.
1919, 5.
1920, 2.
1 Pick. 71.
19 Pick. 47.
4 Cush. 408.
5 Cush. 543, 544.
9 Cush. 108, 478.
14 Gray, 183.
11 Allen, 34.
106 Mass. 143.
115 Mass. 346, 552.
121 Mass. 5.50.
123 Mass. 254.
125 Mass. 166.
132 Mass. 3.59.
139 Mass. 172.
143 Mass. 2S0, 301.
147 Mass. 471.
155 Mass. 176.
173 Mass. 212.
179 Mass. 583.
181 Mass. 430.
Section 22. A petition brought under section fourteen shall name
all parties adversely interested known to the petitioner, and process sliall
issue and service be made as in suits in equity. Any defence to the peti-
tion not relating to the amount of damages must be pleaded within thirty
days after the return day of the subpoena; but no answer relating solely
Chap. 79.] eminent domain. 911
6 to the amount of damages shall be filed by any party and no person shall pjj,j Vus, u?^'
7 be defaulted for failure to enter an appearance. The trial shall be by the fgf^- 2.57 § is7
8 court unless one of the parties within the time prescribed in actions at suiw.' 22. '
9 law files a notice that he desires a trial by jury ; and the court may ajjpoint §^2?.' ^' ^^^'
10 an auditor. Interrogatories may be filed with the same effect as in actions !l"pick. si.
11 at law. In case of trial by jury, if either party requests it the jury shall H ^\l^- fss.
12 view the premises. Judgment shall be entered and execution issue as in fo'^Met^s^^ws
1.3 actions at law; and when the commonwealth is liable for the damages the 2 Cushl 36i.
14 amount found due shall be certified and paid under section three of chap- scush: 182.
I r ^ X 1 I 1 1 CiV • 1 + 12 Cush. 259.
15 ter two hundred and nity-eight.
16 Gray. 187. 149 Mass. 176. 190 Mass. 525.
123 Mass. 301. 181 Mass. 3S0. 250 Mass. 471.
125 Mass. 483. 189 Mass. 513. 268 Mass. 497.
1 Section 2.3. If joint tenants, or tenants in common, or other persons Different in-
2 having joint or several estates or interests in a single piece of property ptrTci '° ^"""^
3 sustain damages in such property which are recoverable under this Ifi*;!.**'
4 chapter, they may join in any petition to recover the damages thereby fof *^'^^^°"'
5 incurred, or any one or more of them may petition for his or their fgos 266^ ^°^'
6 damages, subject to sections twenty-four to thirty-three, inclusive.
1917, 344, II, § 77. 1919. 5. 213 Mass. 182.
1918, 257, § 187, 1920. 2. 268 Mass. 497.
subs. 23. 7 Cush. 533.
1 Section 24. If a tenant for life or for years and the remainderman Tenant for We
2 or reversioner sustain damages which are recoverable under this chapter, ^emaMerman.
3 by the taking of their property by eminent domain or by injury thereto fgst, Ig'o,^ '^'
4 under authority of law, or if property so taken or injured is encumbered ^^ ^;^3 ^ j^.
5 by a contingent remainder, executory devise or power of appointment, ^3^| ^^.^ ^ ^^
6 entire damages shall be assessed without apportionment thereof, and iws! uT,
7 shall be paid to, or be recoverable bv, anv person whom the parties may p s.'49, «i8,
8 appoint, and be held in trust by him for their benefit according to their isss, 253.
9 respective interests. The trustee shall, from the income thereof, pay fn^s^uL ^^'
10 to the reversioner or remainderman the value of any annual rent or \^°tl- '*''■'■ "•
II other payment which would, but for such damages, have been payable i^/g'^*^' '^'
12 by the tenant, and the balance thereof to such tenant during the period i^'^^^s?, ^
13 for which his estate was limited, and upon its termination, he shall pay i9i9,'5.
14 the principal to the reversioner or remainderman.
1920,2. 114 Mass. 4S1. 149 Mass. 176. 195 Mass. 64.
23 Pick. 425. 121 Mass. 453. 168 Mass. 364. 209 Mass. 298.
103 Mass. 369. 126 Mass. 384. 178 Mass. 76. 215 Mass. 381.
106 Mass. 544. 133 Mass. 207. 192 Mass. 486. 230 Mass. 1.
108 Mass. 535.
1 Section 25. The amount so to be placed in trust shall include only Damages to be
2 the damages assessed to the whole property ; and any damage special to is't'T.'sss^TI'.'
3 a separate estate therein, and all interest or other earnings which accrue r f, ts, §i8.'
4 between the taking and the receipt by the trustee of the damages to the i^j'J' ^**' ''•
5 whole property, shall be awarded in the same proceedings separately. iws. 257.
1919, 5. 168 Mass. 364. 209 Mass. 298. , su s.
1920, 2. 195 Mass. 64. 215 Mass. 381.
1 Section 26. If a person having an interest in such property is, by Appointment
2 reason of legal disability, incapable of choosing a trustee, or is unascer- i85i, 290.' § 2.
3 tained or not in being, or if the parties cannot agree upon a choice, the 1875, m, § 2.
4 probate court of the county in which the property is situated shall, PgS.49. §§19,
5 upon application of the board of oflBcers of the body politic or corporate f^^- II4 Vif '
6 whose dutj' it is to award the damages, or of any person interested or § 20- ^^^
7 of any other person, acting in behalf of such persons, whether in being 5 187, sub's. 26.
912
EMINENT DOMAIN.
[Chap. 79.
1919, 5.
1920, 2.
12G Mass. 3.S4.
i:» Mass. 207.
178 Mass. 70.
192 Mass. 4S6.
209 Mass. 298.
or not, as may by any possibility be or become interested in said 8
property, appoint a trustee, who shall give to the judge of probate a 9
bond with such sureties and in such sum as the judge may order, con- 10
ditioned for the faithful performance of his duties. 11
,48.
Other forms of
different in-
terests.
R. S. 24, I
1851, 290.
1855, 10.
G. S. 43,
U 53, 64.
P. S. 49,
§§ 20, 70.
R. L. 48,
§§ 20,70.
1917, 344, II,
§§ 21, 44.
1918, 257,
§ 187, subs. 27.
Section 27. If there are several parties, who have several estates in 1
the same property at the same time, other than the estates and interests 2
for which provision is made in section twenty-four, and the property 3
is taken in whole or in part or receives injury for which damages are 4
recoverable under this chapter, and one of such parties petitions the 5
superior court to ascertain his damages, the other parties may become 6
parties to the proceedings under such petition, and the damages of all 7
of them may be determined together, in the manner provided in the 8
three following sections. 9
1919, S.
1920, 2.
5 Met. 368.
3 Gush. 1, 58, 91.
7 Gush. 533.
10 Gush. 385.
108 Mass. 535.
115 Mass. 1.
118 Mass. 125.
127 Mass. 374, 571.
187 Mass. 45.
195 Mass. 64, 338.
202 Mass. 585.
209 Mass. 298.
213 Mass. 182.
215 Mass. 381.
230 Mass. 1.
217 U. S. 189.
Notice to
holders of dif-
ferent interests.
R. S. 24, § 49.
G. S. 43, 5 .54.
P. S. 49, § 21.
R. L. 48, § 21.
1917, 344, II,
§22.
Section 28. Upon such petition, the court may order the petitioner 1
to give notice thereof to all the other parties interested, by serving each 2
of them with an attested copy of such petition and the order thereon 3
fourteen days before the next return day, in order that the other parties 4
may appear and become parties to the proceedings under the petition. 5
1918, 257, § 187, subs. 28. 209 Mass. 298. 230 Mass. 1.
1919, 5. 215 Mass. 381. 217 U. S. 189.
1920, 2.
Apportionment
of damages.
R. S. 24, §§ 50,
51, 53.
G. S. 43, §§ 55,
56, 58.
P. S. 49, §§22,
23, 25.
R. L. 48, §§ 22,
23.
1917, 344, II,
§§ 23, 24.
1918, 257,
§ 187, subs. 29.
1919, 5.
1920, 2.
108 Mass. asb.
115 Mass. 1.
187 Mass. 45.
195 Mass. 64,
338
202 Mass. 585.
Section 29. If, on such petition, the court or jury find any of the 1
parties entitled to damages, there shall first be found and set forth the 2
total amount of damages sustained by the owners of such property, 3
estimating the same as an entire estate and as if it were the sole 4
property of one owner in fee simple; and such damages shall then be 5
apportioned among the several parties who are foimd to be entitled 6
thereto, in proportion to their several interests and to the damages 7
sustained by them, respectively, and such apportionment shall be set 8
forth in the finding or verdict; and if it is found that any party has not 9
sustained damage, it shall be set forth in the finding or verdict that he 10
is awarded no damages. The finding or verdict shall be conclusive upon 11
all parties interested who have become parties to the petition. 12
209 Mass. 298.
215 Mass. 381.
230 Mass. 1.
250 Mass. 471.
268 Mass. 497.
217 U. S. 189.
Appointment
of guardian ad
htem or trustee.
1874, .388, § 2.
P. S. 49, § 26.
R. L. 48, § 25.
1917, 344, II,
§25.
1918, 257,
§ 187, subs. 30.
1919, 5.
1920, 2.
118 Mass. 110.
Section 30. If it appears in any proceedings under the seven pre- 1
ceding sections that an interest in such property is unrepresented by 2
reason of a contingency or other cause by which the owner thereof is 3
unknown or cannot then be ascertained, or because of the disability of 4
such owner, a guardian ad litem to represent such interest may be ap- 5
pointed by the tribunal in which such proceedings are pending; or the 6
judge of probate for the county in which such proceedings are pending 7
may, upon petition of any party in interest, after such notice as he may 8
order to all persons who, or whose issue unborn may be or may become 9
interested in such apportionment, appoint a trustee, who, upon giving 10
such bond as the judge of probate requires, shall represent such in- 11
terest, and shall receive, manage and invest any money receivable on 12
Chap. 79.] eminent domain. 913
13 account thereof, for the benefit of the parties entitled thereto, and
14 shall pay the principal and interest thereof to such parties when en-
1.5 titled thereto. Such guardian ad litem or trustee shall be allowed such
16 costs, including counsel fees, as may be ordered by the court in which
17 such proceedings are finally determined, to be paid from the damages
15 apportioned to the interest which he represents.
1 Section 31. The tenant in possession of property which is en- Petition by
2 cumbered by a contingent remainder, executory devise or power of ap- trustee"
3 pointment may, subject to section sixteen, petition the superior court Is^.'i'^'
4 for the assessment of damages; and if he fails so to petition within the r. l.«,\?6.
5 first six months of the year allowed by said section, a trustee under l^jj- 3'**' '!•
6 section twenty-four or section twenty-six may within the remaining l^/l;^''^'
7 six months thereof petition therefor.
1919, 5. 1920, 2.
1 Section 32. If property which is taken in whole or in part by Mortgaged
2 eminent domain or receives injury, for which damages are recoverable fsso', 247,
3 under this chapter, is mortgaged, both the mortgagor and the mortgagee, a. sTes, § 26.
4 in addition to their rights under the mortgage, shall have the same \f^e^^i;
5 powers, rights and privileges, and be subject to the same liabilities and p^^g'^g", ^q.
6 duties, as are provided in this chapter for owners of property so taken 112. §§ ios,
7 or injured, and all petitions for the award or assessment of such damages r. l. 48, § lu;
8 shall state all mortgages which are known by the petitioner to exist 1906, 463,ii,
9 upon the property. Mortgagors and mortgagees may join in any such Igu, 344, 11,
10 petition, or become parties to any proceedings for the award or assess- fg^jg 257,
11 ment of damages under this chapter, and, if the petition is filed by a ig'il^g™''^' ^^'
12 mortgagor or mortgagee of property taken or injured, the tribunal to '8^°'?„n
13 which it is presented shall order the petitioner to give notice thereof s Gray,' 470!
14 to all other mortgagors or mortgagees of the same property by serving i26Mas'3. 1,'
15 on each of them, fourteen days at least before the time of hearing, an 131 Mass. 337.
16 attested copy thereof and of the order thereon, that they may become j49Maas ^e'
17 parties to the proceedings.
187 Mass. 328. 190 Mass. 101. 240 Mass. 546.
1 Section 33. If mortgagors or mortgagees begin or become parties to Apportionment
2 such proceedings, entire damages shall, upon final judgment, be assessed between mort-
3 for the property taken, and such portion thereof as is equal to the morTgagee.
4 amount then unpaid thereon shall be ordered to be paid to every mort- §§^%"*^'
5 gagee who is a party, in the order of his mortgage, and the remainder fgyf Ifo^^"
6 to the mortgagor; and separate judgment shall be entered accordingly f jgg^^^'
7 for each mortgagee, who shall hold his judgment in trust, first, with R l. in,
8 any proceeds realized thereon, to satisfy his mortgage debt, and, after i906,403, ii,
9 such debt is in any way satisfied, to assign the judgment or pay over 1918,2.57,
10 any remainder of the proceeds to the mortgagor or other person entitled Iq^J/s^^^^' ^^'
11 thereto.
1920, 2. 140 Mass. 403. 187 Mass. 328.
5 Gray, 470. 149 Mass. 176. 240 Mass. 546.
1 Section 34. Upon the filing of a petition under section fourteen by Petition to be
2 or against the commonwealth or a county, city, town or district, the spSytriar
3 court shall, at the request of any party to the proceeding, advance the \l\l] lli,
4 same so that it may be heard and determined with as little delay as fgil^'l"'"^*'
5 possible.
1920, 2.
914
EMINENT DOMAIN.
[Chap. 79.
Evidence of
assessed value
of land taken
or injured.
1913, 401,
§§1,2.
1915, 281.
1918, 257,
§ 187, subs. 35.
1919, 5; 297.
1920, 2.
5 Gray. 35.
152 Mass. 372.
179 Mass. 147.
222 Mass. 504.
223 Mass. 119.
Section 35. The valuation made by the assessors of a town for the 1
purposes of taxation for the three years next preceding the date of the 2
taking of or injury to real estate by the commonwealth or by a county, 3
city, town or district under authority of law may, in proceedings, 4
brought under section fourteen to recover the damages to such real 5
estate, the whole or part of which is so taken or injured, be introduced 6
as evidence of the fair market value of the real estate by any party 7
to the suit; provided, however, that if the valuation of any one year 8
is so introduced, the valuations of all three years shall be introduced 9
in evidence. 10
S'peSoT'"" Section 36. No petition brought under section fourteen shall be 1
1880,141. discontinued except by leave of court or by agreement of all the parties 2
p. S. 49, § 108.
R. L. 48, § 112. thereto; and any party thereto may prosecute the same.
1917, 344, II, § 82.
1918, 257, § 187, subs. 36.
1919, 5.
1920, 2.
125 Mass. 483.
3
Interest.
1895, 488, § 13.
1913. 148: 525.
1918. 257,
§ 187. subs. 37.
1919. 5.
1920. 2.
15 Pick. 198.
105 Mass. 303.
108 Mass. 535.
109 Mass. 438.
Section 37. Damages under this chapter shall bear interest at the
rate of four per cent per annum from the date as of which they are
assessed until paid, except as herein otherwise provided; but an award
shall not bear interest after it is payable unless the body politic or cor-
porate liable therefor fails upon demand to pay the same to the person
entitled thereto.
116 Mass. 165.
119 Mass. 95.
125 Mass. 544.
166 Mass. 508.
171 Mass. 209.
176 Mass. 101.
183 Mass. 294.
187 Mass. 489.
192 Mass. 486.
198 Mass. 580.
199 Mass. 274.
201 Mass. 10.
Costs.
1785. 75,
1786, 67,
1833, 187,
§§ 1,4.
R. S. 24,
76; 39, §§
62.
1836, 278.
1841, 125,
1842, 86.
1849, 133:
§7.
§ 1.
§3.
200.
Section 38. In all proceedings before county commissioners under
tliis chapter, section eighteen of chapter thirty-four shall be applicable.
In all proceedings brought under section fourteen, if a petition is filed
after an award of damages has been made and the damages are in-
creased, or if no award has been made and the petitioner is found to be
entitled to damages, he shall recover costs, which shall be taxed as in
actions at law; otherwise he shall pay costs.
G. S. 43, § 73;
63, §§ 21, 35.
1870, 75, § 2.
1874, 372, § 68.
P. S. 49, §79; 112, § 100.
1882, 154, § 5.
1892, 415, § 2.
1893, 225, § 2; 407, § 7.
1894, 288, § 5.
1895, 488, § 13.
1898, 463, § 2.
1901, 313, § 3.
R. L. 25, § 37; 28, § 20;
48, § 80; 111, § 104.
1906, 463, II, § 88.
1910, 508, § 2.
1917, 344, II, § 54.
1918, 257, § 187, subs. 38.
1919, 5.
1920, 2.
3 Mass. 26S.
15 Pick. 496.
3 Met. 312.
1 Gush. 559.
3 Gush. 25.
4 Gush. 609.
8 Gush. 218.
16 Gray, 256.
8 Allen, 341.
102 Mass. 116.
116 Mass. 165.
117 Mass. 433.
119 Mass. 95.
126 Mass. 287.
129 Mass. 135.
135 Mass. 570.
139 Mass. 210.
143 Mass. 192.
168 Mass. 516, 541.
174 Mass. 406.
178 Mass. 403.
182 Mass. 436.
183 Mass. 254.
185 Mass. 535.
Settlement
and tender.
1833, 187,
§§ 1.4.
R. S. 39, §§ 56,
62.
1836, 278, § 2.
1841, 125, § 3.
1849, 153.
G. S. 63, §§ 21,
35.
1874. 372,
§§ 66, 68.
1878, 205.
P. S. 112, §§98,
100; 168, § 27,
Section 39. Whenever damages may be recovered under this chap- 1
ter, the body politic or corporate liable for such damages may after the 2
right to such damages has become vested effect such settlement of 3
the damages with the person entitled thereto as it may deem to be for 4
its best interests, and it may as one of the terms of the settlement of a 5
claim for damages growing out of the proceedings in respect of which 6
betterments have been or are to be assessed agree in writing with the 7
owner of the land assessed to assume such betterments. Such body 8
politic or corporate may after tiie right to such damages has become 9
Chap. 79.] eaiixent do-m.-vin. 915
10 vested offer in writing to pay to the person entitkd to receive the same i8S4. 220.
11 tlie amount which it is willing to pay in settlement thereof, with interest 111, V§ 102,
12 thereon, together with taxable costs if a petition for the assessment of }902/503.^ '*
13 such damages is pending. If an award of damages has previously been }9!J8;|J3; n,
14 made, the offer shall not be of a less amount than such award. Accept- ||,7"'344 m
15 ance thereof may be either in full satisfaction of all damages so sus- §^1^1^ ^57
16 tained, or as a payment pro tanto without prejudice to any right to usi, subs. 39.
17 have the remainder thereof assessed by the appropriate tribunal. After 1920:2!
IS notice of such offer, made as aforesaid, or payment of the amount thereof, im mS! 240!
19 no interest shall be recovered, except upon such amount of damages HsmSJsi:
20 as shall, upon final adjudication, be in excess of the amount of said IgoMastlil:
21 offer; provided, that all taxable costs accruing subsequently to said ^^g ^^3^ 3I9
22 offer shall be recoverable by the petitioner in all cases, except as pro-
23 vided in section thirty-eight.
1 Section 40. Before a taking is made or injury inflicted by a private Security for
2 corporation for which damages may be recovered under this chapter, isss, i87.
3 such corporation shall give to the board of officers by whom such damages issl, us, § 1.
4 are to be awarded security to their satisfaction for the payment of all f^ to^ti,
5 damages and costs which may be awarded by them or by the court for the [Hf^ |- ^j j_3
6 land or other property taken or injured; and if, upon petition of the 9;|.,^ij 45
7 owner and notice to the adverse party, any security taken appears to is74. 372.
8 them to have become insufficient, they shall require the corporation to 70, 72.
9 give further security to their satisfaction. If the corporation fails to §§ 97, 99-102,
10 comply with this section any person entitled to such damages may treat r''^ hi,
1 1 the taking of his property or the proceedings by which the right to inflict I90I" 403%!,
12 injury thereon was acquired as void and any interference by such corpora- §§ SS' 9i-
13 tion with the use and enjoyment of his property as unlawful.
1918, 257, § 187, subs. 40. 1919, 5. 1920, 2.
1 Section 41. If no petition under section fourteen is filed within the Collection of
2 time limited, the award of damages shall be final and the amount thereof 187^4^. 372, § 67.
3 shall be paid upon demand, and if not so paid may be recovered in an r.l.Vu,^^^'
4 action of contract. ^ ''^^■
1906, 463, II, § 87. 3 Mass. 307. 7 Pick. 217.
1918, 257, § 187, subs. 41. 7 Mass, 202. 16 Gray, 347.
1919, 5. 10 Mass. 368. 193 Mass. 488.
1920, 2.
1 Section 42. If a private corporation has erected or laid poles. Removal of
2 wires, pipes, rails or other structures in a public way, for the construe- Itrect'to'^en-
3 tion, operation or maintenance of which damages may be recovered from oTdlmagS^"*
4 such corporation under this chapter by the owners of any interest in land [Hf f^- ^ ^■
5 abutting upon such way, and such corporation does not pay such damages k^j| l'^~- ^ ^■
6 to an oirtiier of any such interest after they have been finally determined § i87, sub's. 42.
7 and within thirty days after demand, the mayor of the city or the select- 1920! 2.'
8 men of the town in which such structures are located may, upon request ^
9 of such owner, remove all the structures of such corporation from that
10 portion of the public way upon which the land in which such person has
11 an interest abuts, first leaving a written statement at the office of such
12 corporation in such city or town of the time when and place from which
13 they intend to remove such structures, not less than forty-eight hours
14 prior to such removal. If such corporation has no office in such town, such
15 notice shall be deposited in the post office, postage prepaid, and directed
16 to such corporation at its principal office in the commonwealth. The
916 EMINENT DOMAIN. [ChAP. 79.
town SO removing any such structures may recover the expense thereof 17
of such corporation. This section shall not prevent such oi^Tier from col- 18
lecting the damages assessed. 19
Effect of Section 43. When any easement or other right less than the fee 1
abandonment i-iii i i- i -ii ii i- n
of easement which has Dceu taken by emment domaui has been abandoned in ac- 2
R l'. 47, § 8. ■ cordance with law before the damages accruing from such taking have 3
§8. ' ' ' been finally determined, the fact of such abandonment may be con- 4
subf.'43^'^'*'^' sidered in reduction of damages in any proceedings under this chapter 5
1920 2. ^o^ the award or assessment thereof. 6
1S8 Mas3. 42.
Taking by the SECTION 44. If the agents of the United States and the persons 1
United States. . , ..^ .... * i p
1871, 233, § 1. owning or interested in any property which is required tor any pur- 2
1879] 262! poses for which the United States is authorized to take propertv bv 3
R. L. 1, §7. eminent domain cannot agree upon the price to be paid for the interest 4
U87,^s^ub3. 44. of such persons therein, the United States may file a petition in the su- 5
1920 2 perior court for the county in which such property lies, praying for the 6
111 Maf ■ 1^^' f oiitiemnation of such property. Such petition shall contain a descrip- 7
117 Mass! 302, tion of the property to which it relates, sufficiently accurate for identifi- 8
129'Mass. 64. cation, and a statement of the purpose for which it is sought to be taken. 9
If the court, after notice to all parties interested, finds that the United 10
States has the right to take such property by eminent domain, it shall 11
determine the value thereof in accordance with this chapter, so far as it 12
is applicable. If such value with costs and reasonable expenses to be 13
taxed by the court is, within thirty days after final determination thereof, 14
paid or tendered to said owners or parties interested, or in case of their 15
neglect or refusal to receive the same, if it is paid to the commonwealth 16
for their use and subject to their order, a decree of condemnation shall 17
be entered by the court, and, if the property taken consists of real estate, 18
a copy of the decree shall be recorded in the registry of deeds of every 19
county or district in which said property or any of it lies, and the fee of 20
said property shall thereupon vest in the United States. 21
rhi^'^hapfef Section 45. No real estate shall be taken for public use by the formal 1
80A excfuSve ^'^^^ ^^ order of any board of officers except under this chapter or chapter 2
i9i|. 257. eighty A, and no damages shall be assessed for the taking or seizure of 3
46. ' ' ' property for a public purpose or for injury thereto by authority of law, 4
1920! 2! except under this chapter or chapter eighty A, notwithstanding any 5
ItTua^s. I57'. general or special act hitherto enacted; provided, that nothing contained 6
in this chapter or in chapter eighty A shall be construed as amending or 7
in any way affecting chapter two hundred and fifty-three. 8
272 Mass. 161.
Chap. 80.]
BETTEEXIENTS.
917
CHAPTER 80
BETTERMENTS.
Sect.
1. Assessment of cost of public improve-
ments.
2. Order, plan and estimate.
3. Surrender of land assessed.
4. Collection.
5. Petition for abatement.
6. Extension of time for filing petition.
7. Appeal to superior court.
8. Death of person entitled to petition for
abatement.
9. Procedure.
Sect.
10. Appeal to county commissioners.
11. Contribution by lessee.
12. Assessment as lien. Effective date and
duration of lien.
13. Apportionment.
14. [Repealed.]
15. Division of land assessed.
16. Reassessment.
17. Provisions of this chapter and chapter
SOA exclusive.
1 Section 1. Whenever a limited and determinable area receives Assessment of
2 benefit or advantage, other than the general advantage to the com- fmpmv™ents.
3 munity, from a public improvement made by or in accordance with the ij'^f.'s.^*'
4 formal vote or order of a board of officers of the commonwealth or of a \llf_ [^^ ^^ ^
5 county, city, town or district, and such order states that betterments lifi^f^y^'i.
6 are to be assessed for the improvement, such board shall within six 382^ '§i i.'s. '
7 months after the completion of the improvement determine the value of i882,''i54, §7.'
8 such benefit or advantage to the land within such area and assess upon §5*/; 2"*'
9 each parcel thereof a proportionate share of the cost of such impro\-e- 4|o^'5^4^' ^ ^'
10 ment, and shall include in such cost all damages awarded therefor under R- j;-3®%.2i.
11 chapter seventy-nine; but no such assessment shall exceed the amount Is'/'l^.t^"!'
12 of such adjudged benefit or advantage. The board shall in the order of ms, 257,
13 assessment designate as the owner of each parcel the person who was igig.'s^^sss.H.
14 liable to assessment therefor on the preceding April first under the pro- \II3_ I77, 5 1.
1.5 visions of chapter fifty-nine.
104 Mass. 461, 470, 491.
106 Mass. 89, .544, 549.
108 Mass. 60. ,53.5.
Ill Mass. 226. 294.
113 Mass. 97. 262, 528.
114 Mass. 513.
115 Mass. 377.
116 Mass. 181, 189,
193, 200.
117 Mass. 181.
119 Mass. 556.
121 Mass. 27, 382.
122 Mass. 119.273.
123 Mass. 23. 50, 289.
126 Mass. 290.
127 Mass. 179, 272.
133 Mass. 321.
136 Mass. 556.
144 Mass. 352.
151 Mass. 250.
158 Mass. 21.
164 Mass. 306.
169 Mass. 240.
187 Mass. 507.
191 Mass. 441, 513.
195 M.ass. 338.
201 Mass. 585.
219 Mass. 46.
233 Mass. 65. 595.
247 Mass. 548.
252 Msiss. 218.
253 Mass. 314.
259 Mass. 347.
273 Mass. 303.
1 Section 2. An order under section one which states that better- Order, plan
, „ , , 1 11 ■ 1 • ^^^ estimate.
2 ments are to be assessed tor the improvement shall contain a descrip- isso, i87,
3 tion sufficiently accurate for identification of the area which it is expected p. 8751, §§ ii-
4 will receive benefit or advantage, other than the general advantage to \lg^_ 299.
5 the community, from such improvement, and shall refer to a plan of k.l.6o, §§23-
6 such area, and shall contain an estimate of the betterments that will be \f^i^il' "''
7 assessed upon each parcel of land within sueh area; and such order, i^,'**; ^^^j^^^^ 2.
8 plan and estimate shall be recorded, within thirty days from the adop- ia'i«.'5.
9 tion of the order, or from the acceptance by a town of the laying out, 1928! 120.
10 relocation or alteration of a way in case such acceptance is required 259 Mass! 34?:
11 before the establishment thereof, in the registry of deeds of every county 1% Hill l^l
12 or district in which the benefited area is situated. No betterments shall
13 be assessed for such improvement unless the order, plan and estimate
14 are recorded as herein provided, nor upon any parcel of land not within
15 such area, nor for a greater amount than such estimate.
918
BETTERMENTS.
[ClIAP. 80.
Surrender of
land 1
assessed.
1866,
174,
§8.
1868,
75.
1871,
382,
§5.
P. S.
51, §4.
R. L.
50, i
H.
1917,
344,
III. §4.
1918,
257,
§ 219
, subs. 3.
1919,
5.
1920,
2.
119 Mass.
126.
120 Mass.
157.
121 Mass.
173.
127 Mass.
254.
408.
197 Mass.
412.
Collection
1841,
115,
■§3.
G. S.
48, !
i5.
1866,
174,
§6.
1868,
75.
1871,
217,
§4;
382,
§6.
1877,
37.
1878,
184,
§3.
P. S.
50. §§ 5.
10, 25; 51,
§§5
17.
1884,
237.
1891,
97.
1892.
245,
§1.
1893,
380.
1896,
236;
251,
§1.
1897,
274.
1898.
473,
§1.
R. L.
49,
§ 22"
50. §§ 10.
13."'
1911.
75.
1917.
344,
Ill,
§§ 10. 13.
1918.
257,
§§ 214. 219,
subs.
4, 17.
1919.
5.
1920.
2; 124.
1923,
377,
§2.
1927,
3.
106 Mass.
549.
Petition for
abatement.
1841,
115,
§4.
G. S.
48, •
§6.
1874,
283,
§1.
P. S.
50, § 6;
51, § 16.
1895,
450,
§4.
R. L
,49,
§4;
50, § 12.
1917,
,344,
III,
U2.
1918,
,257,
§§214,219,
subs.
5.
1919,
,5.
1920,
,2.
1923,
,377,
§3.
Section 3. An owner of land abutting on a public improvement 1
and liable to assessment therefor under this chapter may give notice in 2
writing to the board, within three months after the award of damages is 3
made, that he elects to surrender his land; and if said board adjudge 4
that the public convenience and necessity require the taking of such 5
abutting estate for the improvement named, they may take the \\hole 6
thereof, and shall thereupon estimate its value, excluding the benefit or 7
advantage accruing from such improvement; and such owner shall con- 8
vey the estate to the body politic or corporate on behalf of which the 9
assessment was made and may reco^■er therefrom in contract the value 10
so estimated. The commonwealth, county, city, town or district may 11
sell any portion of said land which is not needed for such improvement. 12
Section 4. Within a reasonable time after making the assessment 1
the board shall commit the list of assessments upon land in each town 2
with their warrant to the collector of taxes thereof, and he shall forth- 3
with send notice in accordance, except as to the date of notice, with 4
section three of chapter sixty, to the person designated under section one 5
as the owner of each parcel assessed, and any demand for the payment 6
of such assessment shall be made upon such person. Except as other- 7
wise herein provided, the collector shall have the same powers and be 8
subject to the same duties with respect to such assessments as in the case 9
of the annual taxes upon real estate, and the law in regard to the col- 10
lection of the annual taxes, to the sale of land for the non-i)ayment 11
thereof and to redemption therefrom shall apply to assessments made 12
under this chapter, so far as the same are applicable; but the owner of 13
land assessed shall not be personally liable for the assessment thereon. 14
Every collector of taxes receiving a list and warrant from the board 1.5
shall collect the assessment therein set forth, and at such times as the 16
board shall direct shall pay over to the treasurer of the body politic on 17
behalf of which the assessment was made the amounts collected by him. 18
117 Ma.ss. 181.
120 Mass. 297.
127 Mass. 179.
182 Mass. 198.
202 Mass. 258.
207 Mass. 17.
The owner of any real estate upon which betterments 1
have been assessed may, within six months after notice of such assess- 2
ment has been sent out by the collector, file with the board a petition 3
for an abatement thereof, and the board within sixty days after such 4
filing shall grant such abatement as may be necessary to make such 5
assessment conform to section one. Such petition may be filed with 6
the clerk or secretary of the board, or deli\ered by mail or otiierwise 7
at their office. The board shall within ten days after their decision upon 8
the petition give written notice thereof to the petitioner. If an assess- 9
ment is abated by the board the assessment so determined shall stand 10
as the assessment upon the land, and if it has not been paid shall be 11
collected in the same manner as the original assessment. If the assess- 12
ment has been paid, the person by whom it was paid shall be reimbursed 13
by the body politic on behalf of which it was assessed to the amount of 14
the abatement allowed, with interest at the rate of six per cent per 15
annum from the time of payment. 16
^mc"or"fin,!g Section 6. If a suit in which the validity of an assessment is drawn 1
petition. ;„ q^|t>sti^JIl j^ brought within the time for filing a petition to the board 2
Chap. 80.] betterments. 919
3 for the abatement thereof or within six months after the determination lois, 257.^ ^
4 of an earher suit involving the same question, brousiht within the time ifl'io.'s.
.5 for filing such petition, which failed for want of jurisdiction, defect of '■*""■
6 form or^other like cause not decisive of the merits of the controversy,
7 the petition may be filed within six months after the final determination
8 of such suit.
1 Sfction 7 A person who is aggrieved by the refusal of the board to Appeal to supe-
i ,^ijk, iiv.il i. 1 ^ DO . ..i • .1 • . J fi nor fourt.
2 abate an assessment in whole or m part may within thirty days atter i84i, iis. §4.
3 notice of their decision appeal therefrom by filing a petition for the abate- ^ofi, mf fz.
4 ment of such assessment in the superior court for the county in which j^^;*; ^f^^ 5 g;
5 the land assessed is situated. If a single parcel of land so assessed lies in 382, §^7. ^ ^_
6 more than one county the petition may be filed in the superior court for si;,5 6g ^ ^.
7 either such county, and the court in which such petition is first filed shall 50, § e. '
8 have exclusive jurisdiction thereof.
1917, 344, III. 5 0. 106 Mas3. 89. 120 Mass. 108. 326.
1918 257, §S 214, 219, 110 Mass. 421. 121 Mass. 27, 382.
subs 7 111 Mass. 226. 123 Mass. 23.
1919 ,5 114 Mass. 416. 126 Mass. 290.
199o' 2 115 Mass. 186. 188, 377. 136 Mass. 179.
9 Cu'sh. 233. 116 Mass. 181. 174 Mass. 1.
104 Mass. 461. 119 Mass. 126.
1 Section 8. If a person who is entitled to petition for an abatement Death ot
, ■■'If' 1 "• 'j.tj_ person onLiLiccx
2 under this chapter dies within the time limited lor such petition without ^° p^j^ijj,™ *"
3 having filed the same, his executor, administrator, heir or devisee, if i859!'228.
4 interested, may, within one year after his interest vests, file such petition p.s.ies," s 23.'
5 in the same manner and with the same effect as if filed by the deceased ^^g^lH: l^f:
6 in his lifetime.
126 Mass. 290.
1 Section 9. Upon the filing of a petition under section seven, process procedure. ^^ ^
2 shall issue and service be made as in suits in equity upon the body 4; 382, §8
3 politic on behalf of which the assessment was made. Any defence to r.l.m.\7.
4 the petition not relating to the amount of the assessment must be pleaded \fl''\f;^-
5 within tliirty days of the return day of the subpa?na; but no answer fj'fg.^suhs. s.
6 relating solely to the amount of the assessment shall be filed, and there i9^i9,'5; ssis,
7 shall be no default for failure to enter an appearance. The trial shall im 2.^
8 be by the court unless one of the parties within the time prescribed in
9 actions at law files a notice that he desires a trial by jury; and the court
10 may appoint an auditor. Interrogatories may be filed with the same
11 effect as in actions at law. The court, at the request of any party, shall
12 advance the petition so that it may be heard and determined with as
13 little delay as possible. In case petitions have been filed for the assess-
14 ment of damages and for the abatement of betterments with respect to
1.5 the same parcel of land and the same public improvement, the petitions
16 shall be tried together. In case of trial by jury, if either party requests
17 it the jury shall view the premises. If the assessment is not reduced
18 the respondent shall recover costs and an execution shall issue there-
19 for as in actions at law; but if the assessment is reduced the petitioner
20 shall recover judgment for costs, and the assessment so determined shall
21 stand as the assessment upon the land, and if it has not been paid shall
22 be collected in the manner provided for an original assessment. If the
23 assessment has been paid judgment shall be entered for the petitioner
24 for the amount of the reduction, with interest at the rate of four per
25 cent per annum from the time of payment.
920
BETTERMENTS.
[Chap. 80.
Appeal to
county com-
missioners.
1S78, 184, § 2.
P. S. 50,
§§ 8, 9.
R. L. 49, § 7.
1918. 257.
§ 219. subs. 9.
1919. 5.
1920. 2.
Section 10. A person who is aggrieved by the refusal of a board of 1
officers of a city, town or district to abate an assessment may, instead 2
of pursuing the remedy provided by section seven, appeal within the 3
time limited therein to the county commissioners of the county in which 4
the land assessed is situated, and the county commissioners shall' hear 5
the parties, and shall have the same powers and duties with respect to 6
the abatement of such assessment as the board by which it was assessed, 7
and may make an order as to costs. The decision of the county com- 8
missioners shall be final. 9
5 9.
ss.
§8.
Contribution
by lessee.
1871, 382.
P. S. 51. i
R. L. 50.
1917. 344,
III. §8.
1918. 257,
§ 219. subs. 10.
1919. 5.
1920. 2.
112 Mass. 187.
115 Mass. 186,
188
120 Mass. 328.
207 Mass. 331.
Section 11. If an assessment is made upon land the whole or part
of which is leased, the owner shall pay the assessment, and may collect
of the lessee an additional rent for the portion so leased equal to ten per
cent per annum on that proportion of the amount paid which the value
of the leased portion bears to that of the whole estate, after deducting
from the whole amount any money received for damages to such land in
excess of what he has necessarily expended thereon by reason of such
damages. A lessee aggrieved by the imposition of this burden may,
within six months from the time demand is made upon him for such
additional rent, file a petition in the superior court for the county in
which the land is situated, to determine the proportion of the assessment
which he ought to bear, and the proportion determined upon the peti-
tion shall be substituted for the proportion provided by this section. If
such proportion is reduced the lessee shall reco\-er costs from the owner; 14
otherwise the owner shall recover costs from the lessee. 15
1
2
3
4
5
6
7
8
9
10
11
12
13
Assessment as
lien. Effective
date and
duration of
lien.
1841, 115. § 3.
G. S. 48. § S.
1866, 174, § 6.
1868. 75.
1871.217. § 4;
382. §§ 6. 8.
1878. 184,
249.
P. S. 50.
10. 25; 51
§^5.7.
1884. 2.37.
1S86. 210.
1891. 97.
1893, 380.
1897, 274.
§3;
§§5,
Section 12. Assessments made under this chapter shall constitute
a lien upon the land assessed. The lien shall take effect upon the record-
ing of the order stating that betterments are to be assessed for the
improvement, and shall continue for two years from October first in
the year in which the assessment is first placed on the annual tax bill
under section thirteen, or, if an assessment has been apportioned, for
two years after the last portion is payable, unless sooner paid. If the
validity of an assessment made under this chapter is called in question 8
in any legal proceeding to which the board which made the assessment 9
or the body politic for the benefit of which it was made is a party, insti- 10
tuted prior to the expiration of the lien therefor, the lien shall continue 1 1
until one year after the validity of the assessment is finally determined. 12
R. L. 49, § 2.3; 50. § 10. 1920.2. 119 Mass. 294.
1917. 344. Ill, § 10. 1923. 377. § 4. 120 Mass. 297.
1918 257. §§ 214, 219, 114 Mass. 544. 202 Mass. 258.
subs. U. 117 Mass. 181. 40p.A.G.547.
1919, 5.
Apportionment.
1866, 174,
§§6,7.
1868, 75.
1869, 367, § 2.
1871,217, § 4;
.382. §§ 6, 8.
1878. 249.
P. S. .50. § 25;
51. §§ .5. 7.
1884. 237.
1891. 97.
1893. 380.
1896. 158.
§§ 1.4; 251.
1897. 151; 274.
1899, 319,
§§ 3, 4.
Section 13. Assessments made under this chapter shall bear interest
at the rate of six per cent per annum from the thirtieth day after the
assessments have been committed to the collector. The assessors shall
add each year to the annual tax assessed with respect to each parcel of
land all assessments, constituting liens thereon, which have been com-
mitted to the collector prior to Ajiril second of such year and which have
not been apportioned as hereinafter provided, remaining unpaid when
the valuation list is completed, with interest to the date wiien interest on
taxes becomes due and payable. At any time before demand for pay-
ment by the collector and before the completion by the assessors of the 10
Chap. 80.] betterments. 921
11 valuation list for the vear in which such assessments will first appear on R. l. 49, §§ u,
12 the annual tax bill, the board of assessors may, and at the request of the so! §§'5, io, '
13 owner of the land assessed shall, apportion all assessments made under 1907^177.
14 this chapter into such number of equal portions, not exceeding ten, as is Jlg*'^^^' ^ ^''
15 determined by said board or as is requested by the owner, as the case {g}^'^?^-
1() may be, but no one of such portions shall be less than five dollars. The isij' 344. in,
17 assessors shall add one of said portions, with interest on the amount re- le.'i's. _'
IS maining unpaid from thirty days after the commitment of the original §§2i4"'2i9.
19 assessment to the collector to the date when interest on taxes becomes due 1919; 5"'
20 and payable, to the first annual tax upon the land and shall add to the Jgjg; 377 § 5
21 annual tax for each year thereafter one of said portions and one year's 'efMalssse'
22 interest on the amount of the assessment remaining unpaid until all such * op. a. g. 547.
23 portions shall have been so added ; all assessments and apportioned parts
2-1 thereof, and interest thereon as herein provided, which have been added
25 to the annual tax on any parcel of land shall be included in the annual
26 tax bill thereon. After an assessment or a portion thereof has been placed
27 on the annual tax bill, the total amount of said bill shall be subject to
28 interest under and in accordance with the provisions of section fifty-seven
29 of chapter fifty-nine. The amount remaining unpaid of any assessment
30 may be paid in full at any time notwithstanding a prior apportionment.
1 Section 14. [Repealed, 1923, 377, § 6.]
1 Section 15. If land which is subject to a lien for an assessment Division of
2 made under this chapter is subsequently divided by sale, mortgage, i|97, iss,
3 partition or otherwise and such division has been duly recorded in the r. l. 49, §§ i&-
4 registry of deeds, the board, before the land has been advertised for sale :968, 453.
5 for non-payment of the assessment, may, or upon the written request of l^lfg.^fubs. 14.
6 the owner or mortgagee of a portion thereof, accompanied by a plan {gJo! 2
7 sufficient for the identification of the division of the whole estate, with 217 Mass. 422.
8 the names of the different owners thereof, shall, divide said assessment or
9 the amount thereof remaining unpaid, and the costs and interest accrued
10 thereon, among the several parcels into which said land has been divided,
11 assessing upon each parcel the part of the original assessment remaining
12 unpaid proportionate to the special benefit received by such parcel from
13 the improvement. After such assessment has been so divided, only the
14 part of the assessment, interest and costs assessed upon each parcel shall
15 constitute a lien upon such parcel. At least seven days prior to making
16 such division the board shall send by registered mail to all owners of any
17 interest in the land assessed, whose addresses are known to them, a notice
IS of their intention to make such division and of the time appointed there-
19 for, unless such notice has been waived. A person aggrieved by any
20 action of the board under this section shall have the same remedy as a
21 person aggrieved by the refusal of the board to abate an assessment.
1 Section 16. If an assessment is invalid and has not been paid in Reassessment.
1S71 217 S 5*
2 full or has been paid under such circumstances that it can be recovered 382, '§ 2. '
3 back, it may be reassessed by the board in the amount for which the ¥^i!ii%2.
4 original assessment ought to have been made, at any time before the r*®l! Ilf'i^gf
2.
344,
5 expiration of two years from the date of the assessment, if the land has ^^-J
6 in the meantime been alienated; otherwise at any time before the aliena- YJ^JS.^
7 tion thereof. Such assessment shall be a lien upon any sum paid on § 219, subs. is.
922
1919, 5.
1920, 2.
115 Mass. 188.
132 Mass. 449.
187 Mass. 290.
210 Mass. 151.
[Chaps. 80, 80A.
account of the original assessment, and to the extent that it is not thereby S
satisfied shall be a lien upon the land. It shall be collected in the same 9
manner as an original assessment, and shall in all other respects be sub- 10
ject to this chapter. 1 1
211 Mass. 121. 212 Mass. 174. 253 Mass. 314.
Provisions of
tliis chapter and
chapter 80A
exclusive.
1918, 257,
§ 219, subs. 16.
1919, 5.
1920, 2.
1929, 380, § 3.
273 Mass. 303.
Section 17. Whenever a formal vote or order for the laying out or
construction of a public improvement, or for the taking of land therefor,
states that betterments are to be assessed, no betterments shall be assessed
except under this chapter or chapter eighty A, and all proceedings relat-
ing to such betterments shall be as herein or therein provided, notwith-
standing any special act hitherto enacted.
CHAPTER 80A
EMINENT DOMAIN TAKINGS AND BETTERMENT ASSESSMENTS BY
JUDICIAL PROCEEDINGS.
Sect.
1. Alternative method of taking property
by eminent domain and assessment
of betterments.
2. Order of intention to take, etc. Adop-
tion, contents.
3. Same subject. Description and esti-
mate. Notice of adoption. Record-
ing.
4. Petition. Contents. Order of notice.
6. Answer to petition.
6. Default. Guardian ad litem, appoint-
ment, etc.
7. Hearing by court. Order.
8. Commissioners. Appointment, powers
and duties.
9. Redetermination by jury. Proceed-
ings, etc.
10. Commissioners' report, amendment,
confirmation. Appeal, etc. Judg-
ment of condemnation, entry, re-
cording.
Sect.
11. Abandonment and discontinuance, pro-
ceedings. Interlocutory judgment of
condemnation, entry, effect.
Taking absolute and rights vested,
when. Compensation, damages.
Costs.
Apportionment of assessment of bet-
terments. Lien.
Certain provisions of law applicable to
proceedings under tliis chapter.
Failure to join necessary party, ef-
fect. Compensation of commission-
ers, etc. Regulation, etc., of pro-
cedure.
Election to make takings and assess
betterments under this chapter.
12.
13.
14.
15.
16.
merhod*lr Section 1. A board of officers, hereinafter called the board, upon
b'''eminent"*^ whom authority to take real estate by eminent domain on behalf of the
domain and ^ commoiiwealth or of any county, city, town or district thereof, herein-
bettCTments" after described as the bod\' politic, has been conferred by law, for the
1929, 380, § 1 " . . . . ,
purpose of effecting a public improvement, may, at its election, instead
of proceeding in accordance with chapter seventy-nine, or in accordance
with chapters seventy-nine and eiglity if betterments are to be assessed,
institute proceedings for the taking of real estate or any interest therein,
and for the assessment of betterments, in accordance with this chapter.
So much of sections two to fifteen, inclusive, as relates to the assessment
of betterments shall apply only to proceedings thereunder wherein the 11
board votes under section two to assess betterments and so states in the 12
order adopted thereunder. 13
1
2
3
4
5
6
7
8
9
10
Chap. 80A.] 923
1 Section 2. The hoard, having first complied with all the preliminary Order of inten-
2 requirements prescribed by law, shall adopt an order of intention to Adoption,"' '"°'
3 take, which shall contain a description of the property to be taken suf- i929!"380, § i.
4 ficiently accurate for identification, and shall state the interest therein
5 to be taken and the purpose for which such property is to be taken, and,
6 if betterments are to be assessed therefor, shall so state; otherwise, it
7 shall state that no betterments are to be assessed. In case there are
8 trees upon land so to be taken, or structures affixed thereto, the order
9 shall state whether the same are to be included in the taking, and, if
10 they are not to be so included, shall allow the owner a reasonable time
1 1 after the taking becomes absolute to remove the same, to be specified in
12 the order.
1 Section 3. The order shall contain an estimate of all damages sus- same subject.
2 tained by every person in his property by reason of such taking as of and estimate.
3 the date of the adoption of the order, and shall contain an estimate of ad°option.
4 the cost of the improvement, including such damages, and, if better- f9l9,''38"of § i.
5 ments are to be assessed, a description sufficiently accurate for identi-
() fication of the area which it is expected will receive benefit or advantage,
7 other than the general advantage to the community, from such improve-
8 ment, and shall refer to a plan of such area, and shall contain an esti-
9 mate of the betterments that will be assessed upon each parcel of land
10 within such area. Notice of the adoption of such order shall be sent
11 forthwith by registered mail to every person, whose address is known,
12 appearing of record to have an interest in any land to be taken, dam-
13 aged or assessed, by or on account of the proposed improvement, setting
14 forth all estimates contained in said order in relation to said land, and a
15 like notice shall be posted in a conspicuous place on each parcel thereof.
16 Such order, plan and estimate shall be recorded, within ten days from
17 the adoption of the order, in the registry of deeds of every county or
18 district in which property to be taken or assessed is situated.
1 Section 4. AVithin ten days from the recording of such order, plan Petition.
2 and estimate, the board shall cause to be filed in the superior court of ordet'ot'
3 the county in which such proposed public improvement or the major 1929738O. 5 1.
4 part thereof is situated a petition on behalf and in the name of the body
5 politic undertaking such improvement, to establish its right to take the
6 property described in the order and, if betterments are to be assessed,
7 to assess the same on account of the special benefits to be derived from
8 the improvement, and to determine the compensation and damages to
9 be paid, the area to be assessed and the amount of the benefits to be
10 made the basis of assessments. The petition shall contain a copy of the
11 order and estimates, and shall designate the registry or registries of
12 deeds in which the order, plan and estimate have been recorded as
13 provided in section three. The proceeding thus instituted shall be in
14 rem against the land to be taken, damaged or assessed, but every person
15 appearing of record to have an interest in any of said land at the time
16 of the adoption of the order shall be made a party respondent. The
17 court shall issue an order of notice to all of said respondents, returnable
18 at any return day which occurs thirty days or more after the filing of
19 the petition, which shall be served upon all respondents who are resi-
20 dents of the commonwealth or can be found therein in the manner
21 prescribed for serving a writ of summons in civil actions, and upon all
22 other parties by posting a copy thereof on each parcel of land to be
924
EMINENT DOMAIN TAKINGS, ETC.
[Chap. 80A.
taken, damaged or assessed and by sending a copy thereof by registered 23
mail to each of said parties whose address is known, at least twenty 2-4
days before said return day. Persons not in being, unascertained or 25
unknown who may have an interest in any of such land shall be made 26
parties respondent by such description as seems appropriate, and service 27
may be made on such persons by publication, in such manner as the 28
court may order. 29
Answer to
petition.
1929, 380, § 1.
Section 5. Any of said respondents, and any other person claiming
an interest in any of the land to be taken, damaged or assessed by or on
account of said improvement, may appear and file an answer within
thirty days after the return day of the petition. In such answer he
may (1) deny the right of the petitioner to make the improvement, or
to take or damage his land, (2) deny the right of the petitioner to levy
an assessment upon his land, (3) impugn the validity or regularity of the
proceedings for establishing the improvement, taking property by emi-
nent domain or assessing betterments therefor so far as any absence of
such validity or regularity may affect the legality of the taking or dam-
aging of his land, or of the assessment of betterments thereon, in which 1 1
case he shall specify the invalidity or irregularity relied on, (4) deny 12
the sufficiency of the compensation or damages allotted to him in the 13
estimate of the board, in which case he shall state the amount of com- 1-1
pensation or damages claimed by him, (5) deny that his property will 15
receive benefit or advantage, other than the general advantage to the 1(5
community, from the establishment of the improvement, in the amount 17
stated in the estimate, in which case he shall state the value of such 18
benefit or advantage, if any, which he admits his property will recei\e. 19
o
4
5
(3
7
8
9
10
Default.
Guardian ad
litem, appoint-
ment, etc.
1929, 380, § 1.
Hearing by
court. Order.
1929, 380, § 1.
Section 6. The court shall, on motion of the petitioner, enter a
default against all persons served with process or who otherwise appear
to have seasonably received personal notice of the petition and who have
not appeared and answered within the time prescribed. The court shall
appoint one or more disinterested persons to act as guardian or guardians
ad litem for minors, for persons under disability, and for all persons not
in being, unascertained, unknown or out of the commonwealth, who have /
been named or described as parties respondent and for whom no duly S
authorized person has appeared and answered, and such guardian or 9
guardians ad litem shall be allowed thirty days from his or their ap- 10
pointment to appear and answer on behalf of the persons whom he or 11
they represent. 12
Section 7. If any person in his answer denies the right of the peti-
tioner to make the improvement or to take or damage his property, or
to levy an assessment thereon, or impugns the validity or regularity of
the proceedings, the court shall forthwith hear and determine the issue
thus raised, and may order the petition dismissed or may enter an order
establishing the right of the petitioner to take the real estate, or interest
therein, described in the ortler for the purpose therein stated and to
assess betterments as therein set forth, or may enter such other order
as law and justice may require. If the court does not order the petition
dismissed, and one or more of the respondents allege exceptions or api)eal
to the supreme judicial court or the matter is reported to the supreme
judicial court, further proceedings shall not be stayed unless the justice
who heard and determined the matter so directs. If no such issue is
1
2
3
4
5
()
7
8
9
10
11
12
13
Chap. 80A.] by ji-dicial proceedings. 925
14 raised by any person in his answer, the court shall, on motion of the
15 petitioner, enter an order establishing the right of the petitioner to take
16 the real estate, or interest therein, described in the order for the purpose
17 therein stated and to assess betterments as therein set forth. An order
18 under this section establishing the right of the petitioner to take prop-
19 erty or to assess betterments shall be final and conclusive as to the valid-
20 ity of the proceedings up to the date of the adoption of such order.
1 Section S. If the court shall enter an order establishing the right of ^°"™j'^',°°t"'
2 the petitioner to take the real estate, or interest therein, described in powers and
3 the order for the purpose therein stated and to assess betterments as 1929. sso, § 1.
4 therein set forth, and any person has in his answer denied the sufficiency
5 of his compensation or damages as estimated in the order under section
6 three or has denied that his property will receive benefit or ad\'antage
7 in the amount estimated therein, the court shall appoint not more than
8 three disinterested persons as commissioners to hear and determine the
9 issues thus raised. The provisions of law in regard to auditors shall so
10 far as apt apply to such hearing, and all controversies as to the amount of
1 1 compensation, damages and betterments arising out of the same petition
12 shall be referred to the same commissioners. The commissioners shall
13 hear the parties as speedily as may be and shall thereafter file a draft
14 report with the clerk of the court and shall send notice of such filing to
15 the several parties. The commissioners shall not determine the com-
16 pensation or damages to which any person is entitled to be greater than
17 as alleged by .him in his answer, nor less than as estimated by the board;
18 nor shall they determine the benefit to any parcel of land to be less than
19 as admitted by the owner in his answer nor more than as estimated by
20 the board.
1 Section 9. Any person aggrieved by the determination of the com- Redetermina-
2 missioners with respect to his compensation or damages may have a p™ceidmgs,'
3 redetermination thereof by a jury by making application therefor within 1929, 330, § 1.
4 twenty days after the sending of the notice of the filing of the commis-
5 sioners' draft report. The application may be placed on the trial list of
6 the ne.xt ensuing sitting of the court with jury in the comity and heard
7 and determined in the same manner as other civil cases and may be
8 ad\'anced for speedy trial; but if there are two or more such applications
9 with respect to a particular public improvement which cannot be heard
10 forthwith without unduly delaying the trial of other civil cases, the
11 court may direct that a special jury be summoned to hear and determine
12 all such applications. The chief justice of the superior court shall pre-
13 side or designate one of the associate justices of said court to preside
14 over the sittings of such special jury, who shall have in the hearing and
15 determination of such applications all the powers of a justice of that
16 court presiding over the trial of an ordinary civil action. The award of
17 the commissioners shall be prima facie evidence of the compensation or
IS damages to which the applicant is entitled, and the jury shall not award
19 compensation or damages to any person in a greater amount than as
20 alleged by him in his answer nor less than as estimated by the board.
21 If the jury does not agree upon a verdict, or if the verdict is set aside,
22 the applicant shall be entitled to a new jury from time to time until a
23 verdict has been rendered and established; but he may at any time,
24 upon terms, w-aive his right to a trial by jury and accept the compensa-
25 tion or damages awarded by the commissioners.
926
EMINENT DOMAIN TAKINGS, ETC.
[CILA.P. 80A.
Commissioners'
report,
amendment,
confirmation.
Appeal, etc.
Judgment of
condemnation,
entr.v. re-
cording.
1929, 3S0, § 1.
Section 10. If the verdict of the jury as finally established shall 1
differ from the award of the commissioners with respect to the compensa- 2
tion or damages to which any person is entitled, the report of the com- 3
missioners shall be amended accordingly, and, after all applications for 4
redetermination of compensation or damages have been disposed of, the 5
report shall be presented to the court for confirmation. The report of the 6
commissioners as thus amended shall be final and conclusive as to all 7
questions of fact, but the court may hear and determine questions of law 8
arising therefrom and may order the report to be confirmed or to be reconi- 9
mitted to the commissioners to be reconsidered in accordance with law, 10
or may itself make such amendments and alterations as are necessary to 11
render the report consistent with the law. If an appeal to the supreme 12
judicial court or exceptions are taken with respect to the order of the 1.3
justice of the superior court upon the motion for final confirmation of the 14
commissioners' report, or if the matter is reported to the supreme judicial 15
court, the same shall be heard and determined without awaiting further 16
proceedings in the superior court. The operation of the order shall be 17
stayed pending the disposition of such appeal, exceptions or report, and 18
the order shall, if necessary, be modified to conform to the decision of the 19
supreme judicial court. After the expiration of thirty days from the final 20
confirmation of the report, or if the same is affirmed by the supreme 21
judicial court, of thirty days from the date of the rescript of said court, 22
if the proceedings have not in the meantime been discontinued, and if it 23
shall be made to appear that all laws requiring appropriations of money, 24
to be raised by loan or otherwise, in cases of taking of property by emi- 2,5
nent domain, in so far as applicable, have been complied with, judgment 26
of condemnation shall be entered upon motion of the petitioner which 27
shall be final and conclusive against all the world with respect to the valid- 28
ity and extent of the taking, and the right of the petitioner to assess 29
betterments therefor, and against all parties to the proceedings with 30
respect to the amount of compensation or damages to which any person 31
is entitled and the amount of benefit or advantage which each parcel of 32
land within the designated area will receive from the improvement. If 33
judgment of condemnation is not entered within six months from the 34
confirmation of the commissioners' report, or from the rescript of the 35
supreme judicial court, the petition shall be dismissed upon motion of 36
any one or more of the parties respondent. The clerk of the court shall 37
forthwith transmit for record to every registry of deeds designated in the 38
petition as provided in section four a certified copy of any judgment of 39
condemnation entered under this section or of any interlocutory judg- 40
ment of condemnation entered under section eleven. 41
Abandonment
and discon-
tinuance,
?roceedings.
nterlocutory
judgment of
condemnation,
entry, etTect.
1929, 380, § 1.
Section 11. The board may at any time before final judgment of 1
condemnation abandon the proposed improvement and discontinue the 2
proceedings, in which case all action taken thereunder and under the 3
proceedings for the laying out or establishment of such improvement shall 4
become void ; but in such case, or in case the petition shall be dismissed 5
on motion of a party respondent under section ten, any person who has 6
suffered damage or loss or been put to e\-pense by the proceedings shall 7
be entitled to recover indemnity in full by order of tiic court and for 8
which execution shall issue. In case of abandonment or dismissal as 9
aforesaid, the clerk of the court shall forthwith transmit for record to 10
every registry of deeds designat("d in the petition as pro\ided in section 11
four a certificate that all proceedings in relation to such improvement 12
Chap. SOA.] by judicial proceedings. 927
13 have been discontinued or dismissed. At any time after tlie right of the
14 petitioner to take the property described in the order for the purpose
15 stated therein and to assess betterments therefor has been estabhshed,
16 if it shall be made to appear that all laws requiring appropriations of
17 money, to be raised by loan or otherwise, in cases of the taking of laud
18 by eminent domain, in so far as applicable, have been complied with, the
19 court shall on motion of the petitioner enter an interlocutory judgment of
20 condemnation, which shall have the same effect as a final judgment of
21 condemnation, except with respect to compensation, damages and assess-
22 ments for benefits, and the proceedings shall continue as herein provided
23 with respect to compensation, damages, and assessments; but the peti-
24 tioner shall not thereafter have the right to discontinue the proceedings.
1 Section 12. The taking shall become absolute and the right of the Taking
••>
body politic to the real estate or interest therein described in the petition an^Hghts
3 and the right of the respondents to compensation or damages shall vest c'ompensatioii,
4 upon the entry of either final or interlocutorv' judgment of condemnation, 19^^380, § 1.
5 and it shall have immediate right of entry and possession, subject to the
6 rights of the owners under section two with respect to structures and
7 trees. The compensation or damages shall be payable when vested, or as
8 soon thereafter as they are finally determined, and if not then paid may
9 be recovered in an action of contract. In case two or more persons have
10 appeared in the proceedings as parties respondent with interests adverse
11 to each other with respect to a particular parcel of land, the body politic
12 shall not be bound to pay such compensation until one or more of such
13 persons have established his or their rights thereto in proper judicial
14 proceedings to which the others of such persons are parties; but the
15 proceedings to determine the amount of compensation shall not be stayed
16 pending the establishment of such rights. Compensation and damages
17 shall be assessed as of the date of the adoption of the order, and shall bear
18 interest at the rate of four per cent per annum from the date when the
19 right to damages becomes vested until payable, but shall not bear interest
20 after they are payable unless the body politic fails upon demand to pay
21 the same to the person entitled thereto. The body politic shall not pay
22 compensation or damages to any person in excess of its estimate, except
23 in accordance with an award of the commissioners, nor in excess of the
24 award of the commissioners, except as amended in accordance with a
25 verdict of the jury.
1 Section 13. If the petition is dismissed under section seven, costs, Costs,
2 as in actions at law, shall be awarded to the respondents, in addition to • • •
3 indemnity for loss and damages as provided in section eleven. If, upon
4 entry of an interlocutory or final judgment of condemnation it appears
5 that a respondent has been awarded greater compensation or damages
6 than was allotted to him in the estimate contained in the order adopted
7 under sections two and three or if betterments to be assessed on the
8 land of any respondent have been determined to be less than as esti-
9 mated in said order, such respondent shall be entitled to such costs;
10 otherwise, he shall be liable for such costs.
1 Section 14. If the right to assess betterments has been established, ofPP°"im™n™*
2 the board, within six months after the completion of the improvement, of betterments.
3 shall assess a proportionate share of the whole or part of the cost thereof 1929, 3so, 1 1-
4 upon each parcel of land with respect to which a benefit or advantage
928
[Chap. 80A.
has been determined as herein provided and in the amount so deter-
mined, unless the betterments so assessed shall exceed the cost of the
improvement, in which case they shall be proportionately reduced; and
such assessments shall not thereafter be abated. The lien for such
assessments shall take effect upon the recording of the order of inten-
tion to take under section three.
5
()
7
8
9
10
Certain pro-
visions of law
applicable to
proceedings
under this
chapter.
Failure to
join necessary
party, effect.
Compensation
of commis-
sioners, etc.
Regulation,
etc., of
procedure.
1929, 380, § 1.
Election to
make takings
and assess
betterments
under this
chapter.
1931, 426,
S198.
Section 15. The provisions of chapters seventy-nine and eighty,
and all other provisions of law relative to proceedings under said chap-
ters, shall apply to proceedings under this chapter, and to betterments
assessed thereunder, so far as applicable and not inconsistent with the
provisions hereof; but no petition for the assessment of compensation
or damages or for the abatement of an assessment shall be maintained
by any person who has been made a party to the proceedings for con-
demnation or with respect to property the record owners of which at
the time of the adoption of the order under section two have been made
parties thereto. Failure to make any person having an interest in the
land taken, damaged or assessed a party respondent under section four 11
shall not invalidate the proceedings, but such person shall not be bound 12
by the judgment in the proceedings in respect to compensation, dam- 13
ages or assessments. The court shall determine the compensation of 14
guardians ad litem and commissioners appointed under this chapter, 15
and shall have power to establish and regulate the procedure thereunder, 115
so far as not therein prescribed. 17
1
2
3
4
5
b
7
8
9
10
Section 16. In any case where the commonwealth, or a county,
city, town or district thereof, has been or shall be authorized by provi-
sions of general or special law to take real estate or any interest therein
by eminent domain under chapter seventy-nine, the officer or board of
officers thereof authorized to exercise such power may, unless otherwise
provided, elect to take such property or interest under this chapter
and, if betterments are to be assessed, to assess the same hereunder.
1
2
3
4
5
6
7
ClL\P. SI.]
STATE HIGHWAYS.
929
TITLE XIV.
PUBLIC WAYS AND WORKS.
Chapter 81. State Highways.
Chapter 82. The Laying Out, Alteration, Relocation and Discontinuance of Public
Ways, and Specific Repairs thereon.
Chapter 83. Sewers, Drains and Sidewalks.
Chapter 84. Repair of Ways and Bridges.
Chapter 85. Regulations and By-laws relative to Ways and Bridges.
Chapter 86. Boundaries of Highways and Other Public Places, and Encroachments
thereon.
Chapter 87. Shade Trees.
Chapter 88. Ferries, Canals and Public Landings.
Chapter 89. Law of the Road.
Chapter 90. Motor Vehicles and Aircraft.
Chapter 9L Waterways.
Chapter 92. Metropolitan Sewers, Water and Parks.
CHAPTER 81
STATE HIGHWAYS.
Sect.
department of public works.
1. General duties of department of pub-
lic works.
2. Local officials to furnish information
to department.
3. Road machinery to be provided.
Purchase, etc., of storage quarters,
etc.
LAYING out of STATE HIGHWAYS.
4. Petition for laying out state highways.
5. Laying out. .Abandonment. Width.
Effect when narrower than previ-
ously existing way.
6. Alteration of location.
7. Taking by eminent domain. Stipu-
lations in behalf of cities, etc., to
indemnify commonwealth for pay-
ment of damages.
8. Construction of state highways by
towns.
9. [Repealed.]
10. Contributions by cities and towns.
11. Taking of land to supply road mate-
rials.
12. Discontinuance. Abandonment.
Sect.
iiaintenance and repair of state high-
WAY.S.
13. Department to maintain state high-
ways.
14. Clearing trees and other obstructions
near state highways.
15. Maintenance and repair by contract.
16. [Repealed.]
17. [Repealed.]
18. Liability for injury from defect in
state highway.
19. Police jurisdiction. Removal of
snow: expense, etc.
19A. [Repealed.]
20. Construction and maintenance of
sidewalks.
21. Digging up state highways. Planting
trees.
22. State highways not lost by prescrip-
tion.
IMPROVEMENT OF WAYS NOT STATE HIGH-
WAYS.
23. [Repealed.]
24. Discretion vested in department.
930
STATE HIGHWAYS.
[Chap. 81.
Sect.
2.5. Maintenance of certain ways im-
proved by state funds.
26. Repair and improvement of public
ways in small towns.
26A. Same subject. Contribution by
county.
27. Same subject. Limited to thinly set-
tled districts.
28. Same subject. Performance of the
work.
Sect.
29. Same subject. Determination of con-
tributions.
30.
FEDERAL AID.
Construction of rural post roads.
VALUATION.
31. Valuation defined.
General
duties of
department
of public
works.
1893. 476, § 2.
R. L. 47, § 2.
1917. 344, I,
§2, VIII. § 1.
1919, 221; 350,
§§ 111, 113.
1923, 57, § 1.
1926, 176.
1928, 357, § 1.
269 Mass. 16.
3 0p.A. G. 122,
DEPARTMENT OF PUBLIC WORKS.
Section 1. The department of public works, in this chapter called 1
the department, shall compile statistics relative to the public ways of 2
counties, cities and towns, and make such investigations relative thereto 3
as it considers expedient. It may be consulted by, and shall without 4
charge advise, officers of counties, cities or towns having the care of and 5
authority over public ways as to their construction, maintenance, altera- 6
tion or repair; but such advice shall not impair the legal duties and 7
obligations of any county, city or town. It shall prepare maps of the 8
commonwealth on which shall be shown county, city and town 9
boundaries, the public ways and the state highways, with their names 10
if practicable, and may sell such maps or other maps prepared by it 11
from time to time in connection with the work under its charge relati\e 12
to highways at such prices and on such conditions as it may determine. 1.3
It shall collect and collate information relative to the geological formation 1-1
of the commonwealth so far as it relates to materials suitable for road 15
building, the location of which it shall, so far as practicable, designate 16
on said maps, which shall be open to the inspection of officers of coun- 17
ties, cities and towns having the care of and authority over public ways. 18
It shall give public notice of and hold at least one public meeting an- 19
nually in each county for the open discussion of questions relative to 20
the public ways. 21
Local offi- Section 2. County commissioners and citv and town officers who 1
cials to lur- « , , . i i - t 1 1 r • i -i
nish infor- have thc carc of and authority over public ways shall, on request, turmsli 2
the department with any information required by it concerning such 3
4
mation to
department.
1893, 470, 5 4,
R. L. 47, § 4. ways
1917, 344, I, § 4, Vlll, § 1.
1919, 3.W, §§ 111, 113.
1931, 394, § 14.
Road ma-
chinery to be
provided.
Purchase, etc.,
of storage
quarters, etc.
1893, 486.
1896, 513, § 1.
1897, 355, § 3.
1901, 416.
R. L. 47, § 19.
1917, 344, I,
§27, VIII, §1.
1919, 3.50,
§§ 111, 113.
1921, 260.
1931, 394, § 15.
1 Op. A. G. 358.
Section 3. Steam road rollers and other road machinery, purchased 1
by the department and owned by the commonwealth shall be managed 2
and maintained under the direction of the department, which may en- 3
gage competent engineers and mechanics to operate and keep said ma- 4
chines in repair, may purchase all needed materials and supplies, and 5
may incur such other expenses as may be necessary to ojierate, main- (>
tain and transport said machines. Upon the applicMtion of the select- 7
men or road commissioners of a town of not more than twelve thousand 8
inhabitants, the department may furnish such road machinery for use 9
by the town in building or repairing ways therein. The expenses in- 10
curred under this section shall be paid by the towns using said machines, 11
as apportioned and directed by the department. For the purpose of 12
providing suitable quarters for the storage and repair of steam road 13
rollers and other road machinery and tools and other equipment owned 14
Chap. 81.] statk highways. 931
15 by the commonwealth, the department may, subject to the approval
1() of the governor and council, acquire by purchase or gift, land and build-
17 ings and construct or alter buildings on any land so acquired.
LAYING OIT OF STATE HIGHWAYS.
1 Section 4. If county commissioners, aldermen or selectmen adjudge Petition for
2 that public necessity and convenience require that the commonwealth state highways.
:i lay out and take charge of a new or existing way as a highway in whole \l^] tli] § i!
4 or in part, in their county, city or town, they may apply, by a written ^^^^ 47^5 5
5 petition, to the department, requesting that said way be laid out and }^09, 464, § 1.
6 taken charge of by the commonwealth. !■ §5, viii, §1.
1919. 3.50, 5§ 111, 113. 173 Mass. 403. 1 Op. A. G. 537.
1931, 394, § le. 269 Mass. 16.
1 Section 5. If the department determines that public necessity and Abandonment.
2 convenience require that such way should be laid out or be taken charge EJfeJ^when
3 of bv the commonwealth, it shall file in the office of the county com- narrower than
• '• PI 1 • • 1 -n J e previously
4 missioners for the county where the way is situated a certined copy of existing way.
5 a plan thereof, a copy of the petition therefor, and a certified copy of a 1894! 497] § 2!
6 certificate that it has laid out and taken charge of said way in accord- Hlj] Itt'. 1 1
7 ance with said plan, and shall file in the ofRce of the clerk of such town fgg^; io8,\^.
8 a copy of the plan showing the location of the portion lying in each j-J09. 464, § 2.
9 towTi and a copy of the certificate that it has laid out and taken charge J^fg^'^g"^' ^^•
10 of said highwav in accordance with said plan, and thereafter said way §'§111.113.
11 shall be a state highway, and shall be constructed by the department at 19.^1 ; :m, § 17.
12 the expense of the commonwealth; but any state highway so laid out i op a^'g 284,
13 and constructed may be abandoned or discontinued as provided in sec- lop!*i^G.^378,
14 tion twelve. The width of a state highway shall be such as the depart- 396.
1,5 ment deems necessary. If the width of a state highway be less than that
16 of the way previously existing, that portion of the way which lies between
17 the boundary or location lines of the state highway and the boundary
18 lines of the way previously existing shall remain a public way unless the
19 department determines that it should be abandoned, or the county
20 commissioners of the county, or the city or town in which the way is
21 situated, having jurisdiction of the way, abandon at any time said
22 portion in the manner provided by law for the alteration, relocation or
23 discontinuance of public ways.
1 Section 6. The department may alter the location of a state high- Alteration of
2 wav in a citv or town bv filing a plan thereof and a certificate that the 1900, 475, § 1.
3 department has laid out and taken charge of said state highway, as 1917,344,
4 altered in accordance with said plan, in the office of the county commis- IbiJ.'sso"' ^''
5 sioners for the county where said highway is situated, and by filing a f|2V,^44V.^
6 copy of the plan or location as altered in the office of the clerk of such 3'o^'a^g\i3'
7 city or town.
1 Section 7. If it is necessarv to acquire land for the purposes of a Taking by em-
n, 1*1 -1 ,i*'*c •• 11' ji 1 J. "lent domain.
2 state highway outside the limits 01 an existing public way, the depart- stipulations in
3 ment may take the same by eminent domain on behalf of the common- etc.%o°mdlm^'
4 wealth under chapter seventy-nine. When injury has been caused to "'cairhfi^pay-
5 the real estate of any person by the laying out or alteration of a state "[!f°a°gs
6 highway, he may recover compensation therefor from the common- js-j^. 497, 1 3.
7 wealth under chapter seventy-nine. The mayor, if so authorized by the wou 345!
8 aldermen, or the selectmen, if so authorized by the town, may stipulate 1917,' 344,
J ' ,/ 1- I. §9, viii, §1.
932
STATE HIGHWAYS.
[Chap. 81.
1919.350, in writing in behalf of the city or town to indemnify and save harmless 9
1931, 394. § 19. the commonwealth against all claims and demands for damages which 10
172 Mass. 223. ^^^ ^^ Sustained by any persons whose property has been taken for, or 1 1
has been injured by the laying out or alteration of, any highway which 12
the department proposes to lay out and construct or alter as a state 13
highway, and thereupon such city or town shall be liable ultimately for 14
the amount of any verdict against the commonwealth for such damages, 15
and for costs, and the amount thereof may be recovered by the com- 16
monwealth in contract. 17
Construction
of state high-
ways bv towns.
1593, 476, §§9,
10.
1594, 497, § 4.
1897, 355, § 2.
1900, 404.
R. L. 47, § 10.
1917. 344, I,
§10, VIII, §1.
1919, 350,
§§ HI, 113.
1931,394, §20.
269 Mass. 16.
1 Op. A. G. 370,
397.
Section 8. The department, when about to construct a highway,
shall give to each town in which it lies a copy of the plans and specifica-
tions therefor and a notice that the department is ready for its construc-
tion; and said town may, without advertisement, contract with the
department for the construction of so much of such highway as lies
within its limits, in accordance with the plans and specifications and
under the supervision and subject to the approval of the department,
at a price agreed upon between the department and said town. If,
within ten days, such town does not elect so to contract, or if it has
waived the right to contract, the department shall advertise in two or
more newspapers published in each county in which the highway lies,
and in three or more daily newspapers published in Boston, for sealed
proposals for the construction of such highway, stating the time and
place for opening such proposals, and reserving the right to reject any
and all proposals. If a proposal is satisfactory, the department, with
the approval of the governor and council, shall make a contract in writ-
ing on behalf of the commonwealth for such construction. After the
proposals have been accepted or rejected they shall be kept by the
department, and shall be open to public inspection for three years, and
may then be destroyed by the department. The department may, in
the same manner and under the same conditions, contract with a town,
or, if a town shall not elect so to contract, with a person for the grading
of a state highway or for furnishing labor, materials or any other element
in its construction. The construction of all state highways shall be
under the supervision and subject to the approval of the department
and in accordance with plans and specifications furnished by it, shall be
fairly apportioned by the department among the different counties, and
not more than ten miles of state highway shall be constructed, on peti-
tion as aforesaid, in any one county in any one year, without the previ-
ous written approval of the governor and council.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 9. [Repealed, 1931, 432.]
Contributions
by cities and
towns.
1904, 125, § 1,
1917, 344, I,
§15, VIII, §1.
1919, 350,
1931, 394, § 22. toward the cost of any state highway which the department proposes to
Section 10. The mayor, selectmen or road commissioners or the
board or officer having charge of the maintenance and care of highways,
if so authorized by the city council or by the town, may agree in writing,
in behalf of such city or town, to contribute money, labor or materials
lay out and construct within such city or town.
Section 11. The department shall have the same power as alder- 1
Taking of
land to supply ,...,. , , _
road materials, men. Selectmen or road commissioners in relation to the purchase or ^
§§105,100.^ taking of land to furnish materials for the construction, repair or ini- 3
1917! 344,' I? ■ provement of public ways in the manner provided in section thirty-eight 4
§18, VIII, 51, f ^ " ^
Chap. SI.] state HiomvAYS. 933
5 of chapter eighty-two; provided, that all contracts for such purchase loin, 350,
6 and all takings by the department shall first be approved by the governor 1931, 394, § 23.
7 and council. Such purchases or taking shall not operate in any way to
8 interfere with the control of the police departments of the various
9 municipalities within the land so taken. Land taken under this section
10 shall be held and used for no other purpose than as specified herein;
11 provided, that the department may allow county, city or town officers
12 to use materials from such land for the above specified purposes upon
13 such terms as may be agreed upon. For this purpose the department may
14 expend not more than five thousand dollars in any year. Any person
15 sustaining injury or damage by any taking of land or rights in land
16 under this section may recover compensation therefor from the com-
17 monwealth under chapter seventy-nine.
1 Section 12. The department, with the concurrence of the county Discontmu-
2 commissioners, may discontinue as a state highway any way or section Aiundonment.
3 of way laid out and constructed under the provisions of section five by r"l. l7?§^s^'
4 filing in the office of the county commissioners for the county and in the 5" vn"/i.
5 office of the clerk of the town in which such way is situated a certified j^'ni^^'fia
6 copy of a plan showing the way so discontinued and a certificate that it 1^21, 427, 5 2.
7 has discontinued such way; and thereafter the way or section of way ^^J'' ^^""(^ y^
8 so discontinued shall be a town way. Said department may also abandon 3 Op! a', g'. us!
9 any land or rights in land which may have been taken or acquired by
10 it by filing in the office of the county commissioners for the county and
11 in the office of the clerk of the town in which such land is situated a
12 certified copy of a plan showing the land so abandoned and a certificate
13 that it has abandoned such land, and by filing for record in the registry
14 of deeds for the county or district in which the land lies a description
15 and plan of the land so abandoned; and said abandonment shall revest
16 the title to the land or rights abandoned in the persons in whom it was
17 vested at the time of the taking, or their heirs and assigns.
MAINTENANCE AND REPAIR OF STATE HIGHWAYS.
1 Section 13. State highways shall be maintained and kept in good Sam'^iSTtate
2 repair and condition by the department at the expense of the common- J^f,^^"'!^'^ ^ g
3 wealth. The department shall keep all state highways reasonably clear i»^,,^' ^^^i
4 of brush and shall cause suitable shade trees to be planted thereon if isoe, 345, § a.
5 practicable.
1897, 355. § 1. 1917. 344, I, §§ 6, 1 Op. A. G. 284.
R. L. 47, §§6, 11. 11, VIII, I 1. 2 0p. A. G. 385.
1904, 108, § 1 ; 244. 1919, 350, §§ 111, 113. 3 Op. A. G. 59.
1909, 464, § 2. 1931, 426, § 9.
1 Section 14. The department, if it can obtain consent of the owner, clearing trees
2 shall remove the trees, limbs of trees, shrubbery or any structure or other stmcUons near
3 obstacle from lands bordering upon state highways, which in its opinion igYl, go^i""'^'-
4 obstruct the view of persons traveling upon the highway or make travel- fil'^m.^i.
5 ing thereon dangerous. If the owner does not desire the material which 'j^'fj,^^j%
6 has been so removed, the department may sell or otherwise dispose of i93i, 394, § 25.
7 it. The department shall cause all debris resulting from any cutting
8 or trimming done along the state highway, under authority of this or
9 of any other chapter, to be disposed of in such manner that it will not
10 constitute a fire menace to adjoining property.
934 STATE HIGHWAYS. [ChAP. 81.
^,d°epair°by SECTION 15. The department may contract with the town in which 1
is93'^''476 § 10 ^ state highway lies or with a private person or may make other pro- 2
R. l'. 47, '§ 15. vision for the maintenance and repair thereof in accordance with the 3
§ 19,'vni', §'i. regulations of the department and subject to its supervision and ap- 4
§§ 111, 113. proval. Such contracts may be made without previous advertisement. 5
1931, 391, § 26.
Section 16. [Repealed, 1931, 349.] 1
Section 17. [Repealed, 1931, -349.] 1
Liabiiity^for SECTION 18. The Commonwealth shall be liable for injuries sustained 1
defect in state by pcrsons whilc traveling on state highways, if the same are caused by 2
1893. 476, § 13. dcfccts wlthlu the limits of the constructed traveled roadway, in the 3
1896! 345', § 1! manner and subject to the limitations, conditions and restrictions speci- 4
1900,253, gpj jj^ sections fifteen, eighteen and nineteen of chapter eighty-four, 5
f9i7,' 344,^!^' except that the commonwealth shall not be liable for injury sustained 6
1919 350^' ^ ^' because of the want of a railing in or upon any state higiiway, or for 7
193'/ 394'^^ 27 '"J"''y sustained upon the sidewalk of a state highway or during the con- 8
236 Mass.' 599.' structiou, Tcconstruction or repair of such highway. The amount which 9
2 0p. a!'g 396. may be recovered for any such injury shall not exceed one fifth of one 10
3 0p. a. G. 174. pgj. pgj^|. ^f ^].|g valuation of the town in which the injury was received, 11
nor shall it exceed four thousand dollars. Notice of the injury as required 12
by law shall be given to a member of the department. 13
P"'.'",^. ,. Section 19. A town shall have police jurisdiction over all state high- 1
jurisdiction. ....... t i ii i> i • i . . . 11 n
Removal of ways withiu its limits. It shall tortiiwitli give written notice to the de- 2
etc. ' ' partment or its employees of any defect or want of repair in such high- 3
i894i 497! § 6. ' ways ; but it may make necessary temporary repairs of a state highway 4
i9oo! 253! I 2. without the approval of the department. 5
1917 344 V*' 1'^^e department shall at the expense of the commonwealth keep such 6
19^ I50 ' ^ ^' state highways or parts thereof as it may select sufficiently clear of snow 7
H ill, 113. and ice to be reasonably safe for travel; and the town in which anv such S
192?! 273! ' state highway or part thereof lies shall forthwith give written notice to 9
394,''§'2s.' ^' the department or its employees of any failure to keep such highway or 10
231 Mass. 386. p^^j.^. ti^pj-eof clear of ice and snow as aforesaid. The department shall 1 1
annually in January certify to the state treasurer the amount of expendi- 12
tures incurred in each town during the preceding year for keeping such 13
state highways or parts thereof dear of ice and snow as aforesaid. One 14
half the amount of such expenditures, not exceeding fifty dollars per mile 15
in towns with a valuation of less than two million dollars, not exceeding 16
seventy-five dollars per mile in towns with a valuation of two million 17
dollars and less than five million dollars and not exceeding one hundred 18
dollars per mile in cities and towns with a valuation of five million dollars 19
or over, shall be made a part of the state tax for such cities and towns, 20
respectively. If a city or town elects to keep any such state highways or 21
parts thereof clear of ice and snow as aforesaid upon terms and prices 22
agreed upon by it and the department and under the direction of the 23
department, the department shall repay to it, from the annual aj)propria- 24
tion for state highways, the amount expended therefor in excess of the 25
amount which such city or town would have been required to repay in 26
case such expenditures had been made by the department. Tlie depart- 27
ment may, upon petition, exempt any town from the whole or any part oi 28
Ch.VP. 81.] STATE HIGHWAYS. 935
29 any payment required hereunder, if in its judgment it would prove an
30 undue burden.
1 Section 19A. [Inserted, 1924, 428, § 1; repealed, 1928, 357, § 7.]
1 Section 20. The department shall from time to time construct side- Construction
2 walks along such parts of the state highways as it determines public con- nance'Tside-
3 venience and necessity require. Sidewalks may also be constructed along Sc!''345, § i.
4 state highways and maintained in accordance with sections twenty-five fgi^ 3^4,^1^^-
5 and twenty-six of chapter eighty-three. ^ ^®' ^'"' ^ '■
1919, 350, §§ 111, 113. 1931, 394, § 29; 439.
1 Section 21. No state highway shall be dug up, nor opening made p^sgin^up
2 therein for any purpose, and no tree shall be planted or removed or ob- planting trees. '
3 struction or structure placed tiiereon or removed therefrom or changed \lll; tgyi ^ '*'
4 without the written permit of the department, and then only in accord- fsgl, 355, 5 1
5 ance with its regulations, and the work shall be done under its supervi- ^ l 4^^'
6 sion and to its satisfaction, and the entire expense of replacing the high- i90|. les, in,
7 way in as good condition as before shall be paid by the persons to whom 1914. 742,
8 the permit was given or by whom the work was done; but a town may 1917.344, i,
9 dig up a state highway without the approval of the department in case of i/ig. 350,'' ^ ''
10 immediate necessity; but in such cases it shall forthwith be replaced in as 193V, 39V,^§ 30.
11 good condition as before at the expense of the town.
lOp. A. G.317, 392. 2 Op. AG, 385. 3 Op. A. G. 59, 242.
1 Section 22. No length of possession, or occupancy of land within state higiiways
2 the limits of a state highway, by an owner or occupant of adjoining land prescription.
3 shall give him any title thereto, and any fences, buildings or other obstruc- u^i,*47.' Ho.'
4 tions encroaching ujjon a state highway shall, upon written notice by the f.^ l\\y\ i.
5 department, be removed forthwith by the owner or occupant of adjoin- j^'fji^^fij
6 ing land, and if not so removed, the department may remove the same i93i, 394, §31.
7 to such adjoining land.
improvement of ways not state highways.
1 Section 23. [Repe.^led, 1925, 288, § 2.]
1 Section 24. The department may, whenever any money is appro- Discretion
2 priated by the general court for its use in the construction or improve- department.
3 ment of any particular way, expend such money in constructing or Jg}?; 3^4, i.
4 improving the whole or such part of said way as it deems best, either fg^j^ ^7|5'' ^ '•
5 upon the location of the existing way or upon any new location that f|3\"39"^i 32.
6 may be established by the county commissioners or the selectmen, and
7 no part of the way so improved shall thereby become a state highway or
8 be maintained as such. The department may, however, lay out the
9 whole or any part of any such way as a state highway.
1 Section 25. When any public way has been constructed or improved pJ^^ertTinTays
2 in whole, or in part, with money furnished by the commonwealth, and ^P^f^'^s.^
3 the way is not laid out as a state highway, the town in which the way 1913, 774, § 1.
4 lies shall thereafter keep and maintain in good repair and condition that § 2'5,' viii, '§ 1.
5 part of the way which has been so constructed or improved; and the §§ lii, 113.
6 expense thereof shall be borne by the town or county, or both, as may be \ll\[ 394; 5 33.
7 agreed upon at the time such construction or improvement is undertaken.
936
STATE HIGHWAYS.
[Chap. 81.
If the department shall determine at any time that such way is not S
being maintained in proper condition, it shall so notify the mayor or 9
selectmen having charge of the repairs of said way and the county com- 10
missioners, and shall specify in said notice what repairs and improve- 11
ments are necessary; and the officials in charge of the way shall forth- 12
with proceed to make the specified repairs and improvements. If said 13
officials do not make such repairs or improvements within fifteen days 14
from the receipt of such notice, or within such further time as the depart- 15
ment may allow, the department may proceed to have the repairs or 16
improvements made, and may pay for the same from any money which 17
may be available for the repair and maintenance of state highways. 18
The department shall annually, in January, certify to the state treasurer 19
the amount of such expenditures during the preceding year. So much 20
of the expenditures as by agreement are to be paid by the towns shall 21
be made a part of the state tax for such towns; and so much of the 22
expenditures as by agreement are to be paid by the counties shall be 23
paid by the county treasurers to the state treasurer. The department 24
may embody the provisions of this section in all contracts and agree- 25
meiits for work to be done in the construction or improvement of public 26
ways, other than state highways, constructed or improved in whole, or 27
in part, with money furnished by the commonwealth. 28
Repair and
improvement
of public ways
in small towns.
1918, 155, § 1.
1919, 350,
§§ 111, 113.
1922, 281.
1926, 315, § 1.
1930, 171.
1931. 122, § 7.
262 Mass. 127.
Section 26. There may be expended for the repair and improve-
ment of public ways, other than state highways, in towns having valua-
tions of less than five million dollars, as established by the last preceding
valuation made for the purpose of apportioning the state tax, and in
which the proportionate amount paid by such towns of every rnillion
dollars of such tax as so established, divided by the number of miles of
such public ways, hereinafter known as the road mileage ratio, is less
than twelve dollars, such suras not exceeding one hundred dollars per
mile as the general court may appropriate therefor; pro\ided, that such
towns shall contribute or make available for use in connection therewith
the following amounts for each mile of such public ways within their
respective limits, according to the following schedule based on their
road mileage ratio : —
1. Less than one dollar and forty cents, fifteen dollars.
2. One dollar and forty cents and less than two dollars, twenty-five
dollars.
3. Two dollars and less than two dollars and eighty cents, forty
dollars.
4. Two dollars and eighty cents and less than three dollars and fifty
cents, fifty dollars.
5. Three dollars and fifty cents and less than five dollars and fifty
cents, seventy-five dollars.
6. Five dollars and fifty cents and less than seven dollars, one hundred
dollars.
7. Seven dollars and less than nine dollars, one hundred and twenty-
five dollars.
S. Nine dollars and less than twelve dollars, one hundred and fifty
dollars.
The amounts appropriated as aforesaid and contributed by the towns
shall be expended under the direction of the department of public works
on such ways as said department and the selectmen of the towns may
agree upon.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
■'2
23
24
25
26
27
28
29
30
31
32
Chap. 81.] state highways. 937
1 Section 26A. The county commissioners of the county wherein any Same subject.
.\. iiii '* Pj.1 Contribution
2 public way is to be repaired or nnproved under the provisions or the bv county.
3 j)receding section may contribute and expend county funds therefor in Ipl; 39°; § si.
4 accordance with such agreements as the commissioners may make with ^"^ "^"'^ '"•
5 the department and the selectmen of the town. Said county funds may
6 be paid to the department or to the town from time to time as the work
7 progresses, to the extent that the said commissioners are satisfied that
8 the work for which agreements have been made is being done in accord-
9 ance therewith. Such contributions or expenditures by a county shall
10 not render it liable for defects in any way or for damages to persons
1 1 traveling thereon, and when the work of repair or maintenance for which
12 such contribution or expenditure is made is completed, there shall be
13 no further obligation on the part of the county as to the repair and
14 maintenance thereof until a further contribution is made by the county
15 commissioners for such purpose.
1 Section 27. Expenditure of state funds under section twenty-six SameBubject.
2 shall be made only upon the written petition of the selectmen, contain- thinly^settied
3 ing such information as the department may require. No work shall loisl^ils, 5 2.
4 be done under said section in any district where dwelling houses or fj^ii^^^is.
5 structures devoted to business are situated at intervals averaging less Hfj^^^l l^^^■
6 than two hundred feet for the distance of a quarter of a mile.
1 Section 28. The said towns may contract with the department for same subject.
2 the performance of the work authorized by section twenty-six; or, if ofthe'wOTk^
3 the selectmen so request, the department may have the work done by \l\li Hoi ^ ^■
4 such persons and in such manner as it may determine, in which event flaV^j'^jas.
5 the towns shall pay their proportionate part of the expense when and 262 Mass. 127.
6 as ordered by the department. The cost of any materials, machinery or
7 tools purchased by the department for or on account of the work in any
8 town shall be considered as a part of the expenditures in such town
9 under section twenty-six; and such machinery or tools shall belong to
10 the commonwealth.
1 Section 29. The department shall determine, as nearly as possible, same subject.
2 the number of miles of such public ways in towns entitled to the benefits of''cOTt'ribu-"'°
3 under section twenty-six, and shall inform the selectmen of such towns ^gTI,' 155, § 4.
4 of the contributions required from them under said section.
1919. 350, §§ 111, 113. 1926, 315, §2. 1931, 394, § 36.
FEDERAL AID.
1 Section 30. The department may make all contracts and agree- ConstTuct^on
2 ments and do all other things necessary to co-operate with the United roaX" ''"^
3 States in the construction and maintenance of rural highways, under \l\l[ il; § i]
4 an act of congress approved on July eleventh, nineteen hundred and 'jfi^ii*®!'!!^"'
5 sixteen, entitled "An Act to provide that the United States shall aid i93i, 394, § 37.
6 the states in the construction of rural post roads, and for other pur-
7 poses", and submit such plans, estimates and programs for the improve-
8 ment of highways as will meet the requirements of the secretary of agri-
9 culture under said act, and it may use therefor any funds which may
10 be available for the construction and maintenance of state highways,
11 and may make any agreements or contracts that may be required to
12 secure federal aid in the construction of highways under the provisions
938
[Chaps. 81, 82.
of the act of congress aforesaid, and of all other acts in amendment
thereof, or in addition thereto, and may, in such agreements or contracts,
provide, among other things, for such labor preferences to honorably
discharged soldiers, sailors and marines as are made necessary by fed-
eral legislation, and may provide that no other preference or discrimina-
tion among citizens of the United States shall be made in connection
with the expenditure of any money received from the federal govern-
ment by virtue of the said legislation, and also any money received
from the United States on account of the construction of highways.
The department may also, for the purpose of securing federal aid, use
any money appropriated by a county, city or town for the construction
of a way or any part thereof for which federal aid may be secured, and
make contracts or agreements involving the expenditure of said money,
provided the county commissioners or the selectmen or duly authorized
officials of the city or town have agreed in writing to pay the money
thus appropriated upon the order of the department. The department
may also maintain the roads constructed under this section or said act
of congress, from any money appropriated by the general court for the
maintenance of state highways or for the repair or maintenance of other
public ways.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Valuation
defined.
1917, 344, I,
§16.
1918, 155, § 4.
VALUATION.
Section 31. The valuation of a town for the purposes of this chapter 1
shall be the last preceding valuation made for the purpose of apportion- 2
ing the state tax. 3
CHAPTER 82
THE LAYING OUT, ALTERATION, RELOCATION AND DISCONTINU-
ANCE OF PUBLIC WAYS, AND SPECIFIC REPAIRS THEREON.
Sect.
procedure of county commissioners in
respect to highways.
Jurisdiction of county commissioners.
Petition and bond.
Notice to towns and publication.
View and adjudication.
When final order may be entered.
Changes between the termini. Build-
ing line.
Taking by eminent domain and dam-
ages.
Performance of work of construction.
Expense, apportionment.
Culverts and cattle passes.
Specific repairs.
Relocation.
Payment of damages and cost of con-
struction.
Liability of petitioners for costs.
Construction of highways when towns
neglect.
15. Warrants against delinquent towns.
1.
2.
3.
4.
5.
6.
9.
10.
11.
12.
13.
14.
Sect.
16. Payment of county's share of ex-
pense.
PROCEDURE OP CITY AND TOWN OFFICERS
IN RESPECT TO HIGHWAYS.
17. Jurisdiction of cities and towns over
highways.
Record of action to be sent to county
commissioners.
Appeal to county commissioners.
Not applicable to railroad crossings.
IS.
19.
20.
PROCEDURE OF CITY AND TOWN OFFICERS
IN RESPECT TO TOWN WAYS AND PRI-
VATE WAYS.
Jurisdiction over town ways.
Notice.
Acceptance by town.
Taking by eminent domain and dam-
ages.
Sewers and pipes in unaccepted ways.
21.
23.
24.
Chap. 82.] laying out, etc., of public ways. 939
Sect.
procedure of county commi.ssioners in
respect to town ways and private
W.iYS.
26. Unreasonable refusal of selectmen to
act.
27. Unreasonable refusal of town to ac-
cept a way.
28. Completion of way by county com-
missioners.
29. Laying out private way by commis-
sioners.
30. Discontinuance by commissioners.
31. Recognizance for costs. Notice and
hearing.
32. Record of laying out conclusive.
Sect.
32.'\.. Discontinuance of certain ways as
public ways.
WAYS AND PARTS OF W.IYS FOR SPECIAIj
PURPOSE.^.
33. Footways.
34. Reserved spaces in public ways.
35. Bicycle paths.
36. Penalty for misuse of bicycle paths.
37. Building lines.
38. Gravel pits.
FILING OF petitions.
39. Filing of petitions with county com-
missioners.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS.
1 Section 1. County commissioners within their respective counties Jurisdiction of
2 may lay out, alter, relocate and discontinue highways and order specific mi"si'o'!ierT"
3 repairs thereon in the manner herein provided, unless other provision fBga-ife.S's.
4 is made by law. Sections one to thirteen, inclusive, shall apply to city J7t|;67!l'4.^'
5 councils or aldermen when authorized by city charters to lay out, alter, \lll-^°\^^-
6 relocate and discontinue highways and to order specific repairs thereon, \h ^ 2.^ ^
7 so far as applicable, and any hearing under any provision of said sections g. s^ is!
8 required to be held before a city council or board of aldermen so author- p. s! 49;
9 ized may be held before a duly authorized committee thereof. ^^ '■ ^^'
1S92. 415, §4. 1912. .554. 1917, 344, II, §§ 1, 65, VUI, § 1.
R. L. 48, §§ 1,94. 1913,546. 1931,167.
1 Section 2. If common convenience and necessity require a new high- Petition and
2 way from town to town or from place to place within the same town, or c"'l. 64, § i.
3 the alteration, specific repair or discontinuance of an existing highway, Irlel?', i8,^u.
4 application therefor shall be made, by petition in writing, to the county }js«' ^J | *■
5 commissioners having jurisdiction thereof. The petitioners shall, if so |^-f'2^^''
6 required by the county commissioners, before any action is taken upon r. s'. 24.
7 such petition, cause a sufficient recognizance to be given to the county, g.s!43, §51,2.
8 with surety to the satisfaction of the commissioners, for the payment of R.L.ts.lli',!;
9 all costs and expenses to the county which shall arise by reason of the j^J?; f|^; \^-
10 proceedings on such petition, if the petitioners do not prevail. viu.^j 1.
7 Mass. 157. 9 Allen, 203. 188 Mass. 521.
1 Met. 336. 11 Allen, 530. 189 Mass. 308, 326.
9 Met. 423. 108 Mass. 68. 200 Mass. 94.
7 Gush. 394. 114 Mass. 583. 204 Mass. 607.
9 Gray, 57. 186. 122 Mass. 110. 212 .Mass. 182.
1 Allen, 37. 133 Mass. 321. 233 Mass. 595.
6 Allen, 10, 20. 186 Mass. 133. 245 Mass. 474.
8 Allen, 21.
1 Section 3. Fifteen days at least before the time appointed for a Notice to^
2 view or hearinir, the commissioners shall cause notice of the time and publication.
3 place appointed therefor and a copy of such petition to be served upon 1827777, §'?.
4 the clerk of every town within which such new highway, alteration, spe- g; §; ||; 1 3;
5 cific repair or discontinuance is prayed for. They shall also cause copies r l.^Is.^I I'.*'
6 of the petition, or abstracts thereof, and of the notice, to be posted in two 1912, 554, §^2.
7 public places in each of said towns and to be published in such news- |g3.j^ni'' 5 i-
8 paper as they shall order ; the posting and the last publication to be seven 2 inisl 117.
9 days at least before any view, hearing or adjudication on such petition, ig pkL 300.
9 Met. 423. 7 Gray, 109. 197 Mass. 412.
940
LAYING OUT, ETC., OF PUBLIC WAYS.
[Chap. 82.
View and
adjudication,
1825, 171, § 3.
1827. 77. § 7.
1828. 103, § 3.
R. S. 24.
§§3,4, 6.
G.S.43, §H-6.
P. S.49, §§4-6.
R.L.48. §§4.5.
1912, 554,
§§3,4.
1917, 344, II,
§§4, S,
VIII, § 1.
18 Pick. 309.
20 Pick. 71.
22 Pick. 278.
Section 4. They shall view the premises if they consider it expedi- 1
ent or if requested by any party interested; and shall hear the parties, 2
either at the time of the view, at a regular or special meeting or at an 3
adjournment thereof, as they determine; and as soon as may be after 4
the hearing, they shall determine wliether the laying out, altering, specifi- 5
cally repairing or discontinuing such highway is required by the common 6
convenience and necessity. If they adjudicate that the action prayed 7
for is not required by common convenience and necessity, the petition 8
shall be dismissed; otherwise they shall proceed in the manner prescribed 9
in section five. 10
2 Met. 185.
9 Met. 423.
7 Gray, 109.
16 Grav. 36.
9 Allen. 203.
1 1 Allen, 530.
117 Mass. 416.
192 Mass. 522.
When final
order may be
entered.
1827. 77. § 7.
1828, 103, § 3.
R. S. 24, § 6.
1839, 76, § 1.
G. S. 43, § 8.
P. S. 49. § 8.
R. L. 48. §7.
1912. 5.54, § 6.
1917, 344, II,
§§ 5, 7,
VIII, § 1.
1918, 257,
§208.
1919. 5.
1920. 2.
1922, 251, § 1.
20 Pick. 71.
9 Met. 423.
9 Gray. 57.
Section 5. If at the time of the view or hearing upon a petition for 1
laying out, specifically repairing or altering a highway no person in- 2
terested objects, the commissioners may, within six months thereafter, 3
lay out, order specific repairs upon or alter such highway without further 4
notice. If at such time any person interested objects, the commissioners 5
shall not lay out, order specific repairs upon or alter such highway with- 6
out another hearing, at which any party interested may be heard with 7
respect to the manner in which the proposed improvement shall be 8
carried out. Notice of such hearing shall be given in the manner pre- 9
scribed in section three. If at the time of a view upon a petition for 10
discontinuing a highway, the commissioners decide that it ought to be 11
discontinued, they may at the same time adjudge that it be discon- 12
tinned, without a further or subsequent meeting therefor; and if a 13
return of said proceedings and adjudication is made and accepted at the 14
next regular meeting of the commissioners, it shall be a discontinuance 15
of such highway. The commissioners may adjudicate and decree in 16
respect to a portion of a way described in a petition pending before them, 17
leaving the petition open pending a further or final adjudication and 18
decree in respect to a further portion of said way or a final adjudication 19
and decree as to the remainder of such way. 20
Changes be-
tween the
termini.
Building line.
R. S. 24, § 5.
G. S. 43, § 7.
P. S. 49, § 7.
R. L. 48, § 6,
1912, 554. § i
1917, 344, II
§6, VIII,
1929,331,
§ 1.
1.
Section 0. They may make such changes between the termini of 1
the highway described in the petition, relati\-e to the direction and course 2
of such highway or to the alteration, specific repair or discontinuance 3
thereof, as in their opinion the public convenience requires, and, in con- 4
nection with the laying out, alteration or relocation thereof, may establish 5
a building line not more than forty feet distant from the exterior line of 6
such highway, extending for such distance from points where such high- 7
way joins an intersecting way, as defined in section one of chapter ninety, 8
as may be necessaiy to insure the safety of the public, and thereafter no 9
structures shall be erected or maintained between such building line and 10
such highway except steps, windows, porticos, other usual projections 11
appurtenant to the front wall of a building, embankments, walls, fences 12
and gates, to the extent prescribed by the order establishing such build- 13
ing line. A building line so established may be discontinued in the man- 14
ner provided for the discontinuance of a highway. 15
Taking by
eminent do-
niuin and
daniaKes.
1827, 77, § 7.
Section 7. If it is necessary, for tlie purpose of laying out, altering 1
or relocating a highway, or establishing a building line in connection there- 2
with, to acquire land, or an easement or right therein, including an ease- 3
Chap. 82.] laying out, etc., of public ways. 941
4 ment in land adjoining tiie location of the highway consisting of a right i828. i03, § 3.
5 to have the land of the location protected by having the surface of the isso', ye', § i'.
6 adjoining land slope from the boundary of the location, the commissioners p. I'll,' ||;
7 shall, at the same time that the highway is laid out, altered or relocated, {912, 114,^5^
8 take such land, easement or right by eminent domain under chapter \^j^xni'l\
9 seventy-nine. Any person sustaining damage in his property by the l^Jos^^^'
10 laying out, alteration, relocation or discontinuance of a highway, or by 1919, 5.
11 specific repairs thereon, or by the establishment or discontinuance of a 1928! 199.
12 building line, shall be entitled to recover the same under said chapter. 2o"pick' 71^ ^'
13 If no entry has been made upon land taken for highway purposes, or if i93 Mass. 327.
14 the location has for any other cause become void, or if specific repairs
15 which have been ordered are not made, a person who has suffered loss or
16 been put to expense by the proceedings shall be entitled to recover
17 indemnity therefor under said chapter.
1 Section S. The commissioners, in their return, shall determine and of"^"™ o?"^^
2 specify the manner in which a new highway shall be laid out or an exist- construction.
• I 1 I 1 'fii' *i 1111 • i> • i^xpense, ap-
3 mg one altered, relocated or specincally repaired, and shall specify m ponionment.
4 sufficient detail the work required so that the same may be completed in 1796. s's, § e. '
5 accordance with the commissioners' directions, and the time within which 1827! 77^§ 7*'
6 it shall be completed, and each town shall perform the work so required Jssl, 132,^^2,
7 within its limits unless other provision is made. They may apportion the psti' 1 9^'
8 expense thereof upon the county and towns, respectively, or they may R- l- 48 s s
9 agree with the towns in which the highway is located or with the depart- isiv! 344! ii,'
10 ment of public works, or both, as to the apportionment of such expense 1921,401'.
11 to be paid by the towns, county or state, respectively. The selectmen or s^Mass^l'oe.^*'
12 mayor shall give notice to said commissioners of the time when the work 7 G^ay^l09*■
13 ordered is begun, and the commissioners or their agents shall examine '"i! J'''^^- l^l-
IIP , ... .119 Mass. 006.
14 the work as often as may be necessary during its progress to ascertain i-i Mass. 42.
• • c L cj 125 Ivl3,s9 216
15 that it is well done according to the direction of the commissioners, and, 131 Mass', ijo.
16 in case the town does not perform the work to the acceptance of said com- i.ii mIII'. 2s. '
17 missioners, the provisions of sections fourteen and fifteen shall apply. ^^^ Mass. 284.
18 The commissioners shall transmit to the clerk of each town in which the
19 highway lies a description and plan of the location and bounds thereof
20 within the limits of such towns respectively, which description shall be
21 recorded within ten days by the clerk in a book kept for that purpose.
1 Section 9. If the commissioners require a culvert, cattle pass or cuiverts and
2 other passageway to be made under a highway, they may order the i867?2'5T'^^'
3 town to construct the same as a part of the highway, and may order r.l.48.\^5^7.
4 the whole or any part of the expense to be paid by the county.
1917, 344. II. § 9, VIII, § 1.
1 Section 10. If, upon a petition for the laying out or alteration of a specific repairs.
2 highway, the commissioners, after a view and hearing, are of the opinion \lll] 90"' ^ ^'
3 that the existing highway between the termini mentioned in the petition gII. «,^'^'^'
4 can be so far amended as to supersede the necessity of laying out a new |,5 1~^^-
5 highway or of altering the location of existing ways, they may, after §§ 10-12-
6 notice to the towns interested, direct specific repairs to be made in the §s 9-11.'
7 existing ways in such manner as the public convenience may require ; 1917! 344] 11, '
8 and may apportion the expense thereof upon the county and towns re- vin°~§i'.
9 spectively as in laying out highways. At the time of ordering specific 3 Met' 375.
10 repairs upon a highway, they may direct it to be closed for public travel ^^^5 Ij"'
11 for a reasonable time. Towns in which specific repairs are ordered shall 268 Mass. iss.
942
LAYING OUT, ETC., OF PUBLIC WAYS.
[Chap. S2.
Relocation.
1835, 152, § 8.
R. S. 24, § 9.
1851, 214.
G. S. 43, § 12.
1873, 165.
P. S. 49, §13.
R. L. 48, § 12.
1912, 554, § 9.
1917, 344, II.
§ 1.3, VIII, § 1.
1922, 251, § 2.
11 Cush. 394.
2 Grav, 274.
4 Allen, 488.
100 Mass. 159.
110 Mass. 305.
114 Mass. 583.
117 Mass. 416,
585.
120 Mass. 401.
122 Mass. 273.
133 Mass. 321.
153 Mass. 161.
164 Mass. 1.
167 Mass. 137.
178 Mass. 22.
177 Mass. 511.
186 Mass. 133.
189 Mass. 308,
324, 326, 505.
200 Mass. 94.
212 Mass. 182.
make them. Nothing in this chapter with respect to commissioners' 12
orders for specific repairs shall relieve towns from their duties and lia- 13
bilities with respect to keeping public ways in repair. 14
Sectiox 11. If application is made to the commissioners by a town, 1
or by five inhabitants thereof, to relocate or order specific repairs on a 2
way within such town, whether it was laid out by authority of the town 3
or otherwise, they may, either for the purpose of establishing the bound- 4
ary lines of such way or of making alterations in the course or width 5
thereof, or of making specific repairs thereon, relocate it in the manner 6
prescribed for laying out highways in sections two to nine, inclusi\e. The 7
expense shall be assessed upon the petitioners or upon the county or 8
town, or upon the land benefited by the improvement under chapter 9
eighty, as the commissioners may order. The commissioners may, with- 10
out petition, after giving notice as provided in section three, relocate any 11
public way for the purpose of establishing its boundaries, or of making 12
specific repairs thereon, in which case no part of the expense shall be 13
assessed upon the town. 14
The commissioners may adjudicate and decree in respect to a portion 15
of a way described in a petition pending before them, leaving the petition 16
open pending a further or final adjudication and decree in respect to a 17
further portion of said way or a final adjudication and decree as to the 18
remainder of such way. 19
Payment of
damages and
cost of con-
struction.
1827,77, 5 11.
R.S. 24, §§38,
42.
1842, 86,l§ 1,2.
G. S. 43, §47.
P. S. 49, § 58.
R. L. 48, § 52.
1903, 243, § 1.
1917, 344, 11,
§30, VIIl. §1.
2 Gray. 274.
9 Allen, 530.
186 Mass. 133.
189 Mass. 308,
326.
Liability of
petitioners for
costs.
1827, 77, § 11.
R. S. 24, § 43.
G. S. 43, § 48.
P. S. 49, § 59.
R. L. 48, § 53.
1917, 344, II,
§31, VIII, §1.
3 Met. 312.
16 Gray, 256.
Section 12. When a highway has been finally laid out, altered, 1
relocated or discontinued, or when specific repairs are ordered on an 2
existing highway by the county commissioners, the county shall be 3
primarily liable for all damages thereby caused, or for all amounts 4
awarded or assessed as indemnity. The commissioners shall determine 5
what proportion if any of the expenses of the proceedings, cost of con- 6
struction, damages and indemnity shall be assessed upon the land 7
benefited under chapter eighty and whether the remainder, if any, shall 8
be borne by the county, or by the towns in which the parts of the high- 9
way are respectively located. The commissioners shall notify each 10
such town of any balance due from such town to the county under this 11
section and may enforce payment as provided in section fifteen. 12
Section 13. If a highway is not finally laid out, relocated, altered or 1
discontinued, or if specific repairs are not ordered, the expenses of the 2
proceedings shall be paid by the persons who have recognized therefor. 3
If they refuse or neglect, when required by the commissioners, to pay 4
such expenses, such expenses or costs shall be paid by the county; and 5
thereupon the commissioners may collect the same from the persons who 6
so recognized, as provided by section eighteen of chapter thirty-four. 7
Construction of
highways when
towns neglect.
1827, 77, § 7.
R. S. 24, § 44.
G. S. 43, § 49.
P. S. 49. § 60.
R. L. 48, § 54.
1908, 431, § 4.
1917, 344, II,
§32, VIII, §1.
fi Greenl. 2.54.
16 Gray, 193,
347.
Section 14. If, after a highway has been laid out by the commis- 1
sioners, a city or town whose duty it is to make such highway, or a part 2
thereof, does not make and complete the same within the time and in the 3
manner prescribed and to the acceptance of the commissioners, they 4
may forthwith cause such highway to be completed as aforesaid, antl 5
shall direct the expenses and charges of completing the same to be paid G
by the county and shall order notice thereof to be given to each de- 7
linquent city or town, stating the proportion which it is to pay. 8
103 Mass. 120. 120 Mass. 401. 143 Mass. 245. 165 Mass. 296.
Chap. 82.] laying out, etc., of public ways. 943
1 Section 15. If a delinquent city or town does not pay its proportion warrants
2 of such expenses and charges within sixty days after the date of said quciutown""
3 notice, with interest thereon at the rate of ten per cent a year from the Hfi; ??; | f,
4 time when the same is paid by the county, the commissioners may, after g; ^; ||; 1 1^;
5 a hearing, issue a warrant against such city or town for the amount wiiich j^ s- ■»9^ ^^^^^
6 it was ordered to pay, with interest and the further costs of such notice }i;^s.43i, §^5.'
7 and warrant, which shall be collected and paid into the county treasury. § 33,'viii, § i.
16 Gray, 193, 347. 103 Mass. 120. 143 Mass. 245.
1 Section 16. When a highway which has been laid out, specifically Payment of
* 2 repaired, relocated or altered, is completed, in whole or in part, the of expense.
3 commissioners shall view and carefully examine it throughout, and if r^I.' m! ^ ^'
4 they find that it has been well made according to their directions, they i84'\'^'io5, § i.
5 shall order the projjortion of the expense for which the county is liable ^j- fj *|^
6 under section twelve or which has been assessed upon the land benefited p^ sZ-ia^
7 to be paid by the county. Said commissioners, before work ordered k^L''48^§56^
8 by them is wholly completed, may pay to the city or town such proportion 1917! 344! 11.
9 of the county's share of the expense as they determine, having regard eMets^s.^^'
10 to the amount of work done and the proportion of the expense which
11 they have determined the county shall pay.
PROCEDURE of CITY AND TOWN OFFICERS IN RESPECT TO HIGHWAYS.
1 Section 17. The city council of a city and the selectmen or road eSeslindtowns
2 commissioners of a town may exercise original jurisdiction, concurrent ^ggj ''jlo'""'*-
3 with the county commissioners, of petitions for altering, relocating or fj^^^^^g 553
4 making specific repairs upon a highwaj' within the town limits, but 1913^ 546, § 1!
5 except as to such parts thereof as, by such action, become unnecessary §35,'viii, §1.
6 for public use, a city or town shall not discontinue any highway or di- 200 Mass^ 9T'
7 minish the width thereof, nor shall it assess upon the county any part of
8 the expense of altering, relocating or repairing. The proceedings of
9 cities and towns and their officers hereunder shall be the same as in the
10 laying out of highways or town w-ays. Nothing in sections seventeen to
11 nineteen, inclusive, shall diminish the powers over highways granted to a
12 city by its charter.
1 Section 18. Within two weeks after final action relative to the Record of
2 alteration or relocation of a highway or making specific repairs thereon, sent to county
3 under the preceding section, the town clerk shall send a certified copy of isgi'^naT'e.'
4 the record of such final action to the county commissioners, who shall fgig'; Ije.^^l'
5 enter it upon their records.
1917,344, II, §36, VIII, §1.
1 Section 19. An appeal mav be taken to the countv commissioners Appeal to
II " T • 1*7 lilt county com-
2 from anv action imder the two precedmg sections, and they shall there- missioners.
• ISOl 170 5 4
3 upon give a public hearing, with not less than fourteen days' notice r ' l'. 48. '§ eo'
4 thereof, in the manner required in the laying out of highways or town Jglf; ftt; il '
5 ways and also by publishing in a newspaper a copy of the notice not less 5 37, viii. §i.
6 than seven days before the hearing. At such hearing the county com-
7 missioners may finally decide such appeal.
1 Section 20. The three preceding sections shall not affect sections Not applicable
0
to railroad
fifty-nine to eighty-two, inclusive, of chapter one hundred and fifty- crossings
944
LAYING OUT, ETC., OF PUBLIC WAYS.
[Chap. 82.
1891, 170, § 5. nine, and sections ninety-five to one hundred and fourteen, inclusive, and 3
f9i3, sfe.S'^t: section two hundred and fifty-two of chapter one hundred and sixty, 4
fil'yuhh- relative to railroad corporations and street railway companies. 5
Jurisdiction
over town
ways.
C. L. 64, § 2.
1693-4, 6, § 4,
1713-14, 8, §
1727-8, 1, § 2.
1746-7, 10.
1785, 75, § 7.
1786, 67, 5 1,
PROCEDURE OF CITY AND TOWTST OFFICERS IN RESPECT TO TOWN WAYS
AND PRIVATE WAYS.
Section 21. The selectmen or road commissioners of a town or
city council of a city may lay out, relocate or alter town ways, for the use
of the town or city, and private ways for the use of one or more of the
inhabitants thereof; or they may order specific repairs to be made upon
such ways; and a town, at a meeting, or the city council of a city, may
discontinue a town way or a private way.
R. S. 24, |§ 66, 70.
1842, 86.
G. S. 43, §§ 59, 60, 81.
P. S. 49, §§ 6.5, 66, 91.
1892, 415, § 4.
R. L. 48, §§65,66,94.
1917, 344, 11, §§ 39, 40,
65, VIII, § 1.
9 Pick. 145.
11 Met. 521.
I Gush. 496.
7 Cush. 394.
13 Gray, 254.
16 Gray. 175.
4 Allen, 529.
II Allen, 530.
108 Mass. 68, 202.
137 Milss. 255, 326.
143 Mass. 490.
144 Mass. 579.
145 Mass. 561.
150 Mass. 309.
169 Mass. 390.
189 Mass. 505.
197 Mass. 531.
200 Mass. 94.
208 Mass. 348.
215 Mass. 381.
271 Mass. 415.
4 Op. A. G. 15.
1
2
3.
4
5
6
Notice.
1835, 122.
R. S. 24, § 67.
G. S. 43, § 61.
1871, 158.
1873, 51.
P. S. 49, § 67.
R. L. 48, § 67.
1917, 344, 11,
§41. VIII, §1.
1 Met. 404.
2 Met. 220.
2 Gray. 414.
98 Mass. 491.
119 Mass. 480.
121 Mass. 132.
136 Mass. 477.
174 Mass. 424.
197 Mass. .531.
241 Mass. 340.
271 Mass. 415.
Section 22. Seven days at least prior to the laying out, relocation 1
or alteration of a town way or private way a written notice of the in- 2
tention of the selectmen or road commissioners of the town to lay out, 3
relocate or alter the same shall be left by them, at the usual place of 4
abode of the owners of the land which will be taken for such purpose, 5
or delivered to such owner in person or to his tenant or authorized 6
agent. If the owner has no such place of abode in the town and no 7
tenant or authorized agent therein known to the selectmen or if, being 8
a resident in the town, he is not known as such to the selectmen or 9
road commissioners, such notice shall be posted in a public place in the 10
town seven days at least before the laying out, relocation or alteration 11
of such way. This section shall not apply to cities. 12
Acceptance
by town.
1727-8. 1, § 1.
1785, 75, § 7.
1786, 67, § 1.
R. S. 24, § 69.
G. S. 43, § 65.
P. S. 49, § 71.
R. L. 48, § 71.
1917, 344, II,
§ 45, VIII, § 1.
2 Greenl. 55.
3 Greenl. 438.
Section 23. No town way or private way which has been laid out,
relocated or altered by the selectmen or road commissioners shall, ex-
cept as hereinafter provided, be established until such laying out, re-
location or alteration, with the boundaries and measurements of the
way, is filed in the office of the town clerk and, not less than seven days
thereafter, is accepted by the town at a town meeting. This section
shall not apply to cities.
2 Mass. 529.
5 Pick. 492.
9 Pick. 145.
9 Met. 423.
105 Mass. 535.
118 Mass. 138.
120 Mass. 130.
123 Mass. 543.
135 Mass. 162.
145 Mass. 539.
153 Mass. 12.
187 Mass. 53.
192 Mass. 455.
197 Mass. 531.
250 Mass. 203.
271 Mass. 415.
Taking by
eminent do-
main and
damages.
1727-8. 1, § 2.
1786,67, § 1.
R. S. 24, § 68.
1842, 86.
G. S. 43, § 62.
1871, 158.
1873, 51.
P. 8. 49, § 68.
R. L. 48, § 68.
1917, 344, ""
§ 42, VIII
1918, 257,
§209.
§ 1.
Section 24. If it Is necessary to acquire land for the purposes of a
town way or pri\ate way which is laid out, altered or relocated by the
selectmen, road commissioners or other officers of a town under this
chapter, such officers shall within thirty days after the termination of
the town meeting at which the laying out, alteration or relocation of
such town way or pri\'ate way is accepted by the town, adopt an order
for the taking of such land by eminent domain under chapter seventy-
nine or institute proceedings for such taking under chapter eighty A.
Any person sustaining damage in his property by the laying out, altera-
Chap. 82.] laying out, etc., of public ways. 945
10 tion or relocation of a town way or private way shall be entitled to isw. 5.
11 recover the same under said chapter seventy-nine, unless such damage 1927! 23.
12 was sustained in connection with a taking made in proceedings insti- }''Met''404.
13 tuted under said chapter eighty A, and any person sustaining damage in | §J*J; If-
14 his property by the discontinuance of a town way or private way or by JJ^'N^'i^^^^^j.
15 specific repairs thereon shall be entitled to recover the same under said J^g ^JjJJ' 390
16 chapter seventy-nine. If no entry has been made upon land taken i7o Nikss! 593!
1 7 under said chapter seventy-nine for the purpose of a town way, or if isa m&Is. sn.
18 the location has for any other cause become void, a person who has 531.
19 suffered loss or been put to expense by the proceedings shall be entitled iyf MaM:4is.
20 to recover indemnity therefor under said chapter seventy-nine. If a
21 private way is laid out, relocated, altered or discontinued by a to^^•n,
22 or if a town makes specific repairs thereon, or if a town way is discon-
2.3 tinned, the persons upon whose application such way is laid out, relo-
24 cated, altered or discontinued or upon whose application specific repairs
25 are made thereon shall, before such way is entered upon for the purposes
26 of construction, or is closed up, give such town security satisfactory to
27 the selectmen that they will indemnify such town for all damages and
28 charges which it is obliged to pay by reason thereof, and all such dam-
29 ages and charges siiall be repaid to the town by the persons making such
30 application; provided, however, that in case of the discontinuance of a
31 town way the selectmen may order a part of the damages to be paid
32 by the town. The first sentence of this section shall not apply to cities.
1 Section 25. In a town which accepts the provisions of this section Sewersand
.•«,■, 1 , pipes m un-
2 or has accepted correspondmg provisions or earner laws, the selectmen, accepted ways.
... •* 1, • 1893, 6d-
3 road commissioners or sewer commissioners may, when a town way is r. l. 48, § 72.
4 laid out, relocated or altered, enter and lay sewers and water pipes He.' vtii' §' 1.
5 therein before possession is taken for the purpose of constructing such ^^i Mass. 4i5.
6 way, in like manner as if it had been actually constructed. Such entry
7 shall not be deemed an entry for the purpose of constructing the way,
8 and until such way has been constructed, sewer assessments shall be
9 levied only upon the estates of persons connecting their drains with such
10 sewers. If such laying out, relocation or alteration becomes void under
11 the provisions of section three of chapter seventy-nine, all sewers or
12 water pipes so laid therein shall be deemed to have been legally laid
13 and placed therein; and damages may be recovered therefor under
14 chapter seventy-nine; and the right to recover the same shall accrue
15 when such laying out, alteration or widening becomes void. This section
16 shall not apply to cities.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS
AND PRIVATE WAYS.
1 Section 26. If the selectmen or road commissioners unreasonably J^^^Jf^^g^'-*
2 refuse or neglect to lay out, relocate or alter a town way or private way i^enmentoact.
3 when requested in writing by one or more of the inhabitants of a town, s, § 2 '
4 the county commissioners, on the petition in writing of a person ag- nss. eV, §2.
5 grieved, filed within one year after such request, may lay out, relocate q; |; ||;
6 or alter such way, and may determine its boundaries and measurements, » |^-^|i-
7 and, if it is necessary to acquire land for the purposes of such way, may |y2%®i5. § i.
8 take the same by eminent domain on behalf of the town under chapter r. l! is^ '
9 seventy-nine, and the costs of the proceedings shall be paid by the i9i7.'344, 11,
10 town. If it is a private way, the damages and costs, or such part thereof vnt's^i'.
946
LAYING OUT, ETC., OF PUBLIC WAYS.
[Chap. 82.
1918. 257,
§210.
1919. 5.
1920. 2.
8 Greenl. 271.
9 Met. 423.
12 Met. 208.
7 Gush. 394.
as the county commissioners consider reasonable, shall be repaid to 11
the town by the persons for whose use it was laid out, relocated or al- 12
tered, and security for such payment, satisfactory to the county com- 1.3
missioners, shall be given to the town by such persons before the way 1-1
is entered upon for the purpose of constructing or altering the same. 15
11 Cush. 189. 4 Gray, 414. 173 Mass. 48. 215 Mass. 381.
Unreasonable
refusal of town
to accept a way.
1736-7, 14.
1786, 67, § 3.
R. S. 24, § 72.
G. S. 43,
§§ 68, 81.
P. S. 49,
§§74,91.
1892, 415, § 4.
R. L. 48.
§§75,94.
1917, 344, II,
§§ 49, 65,
vni, § 1.
Section 27. If a town unreasonably refuses or delays to accept a 1
town way or private way laid out, relocated or altered by the selectmen 2
or road commissioners, any person aggrieved thereby may within one 3
year thereafter apply by petition in writing to the county commission- 4
ers, who, unless sufficient cause is shown against such application, may 5
approve the way as laid out, relocated or altered by the selectmen or 6
road commissioners, and may direct the laying out, relocation or alter- 7
ation and approval to be recorded by the clerk of such town, which 8
shall have like effect as if accepted by the town. 9
8 Greenl. 271. 2 Mass. 118. 3 Mass. 188. 9 Met. 423.
Completion of
way by county
commissioners.
1846, 222,
§§ 1.2.
G. S. 43,
§§ 69, 81.
P. S. 49,
§§75,91.
1892. 415, § 4.
R. L. 48.
§§ 76.94.
1917, 344, II,
§§50,65.
VIII, i 1.
Section 28. If a town in which a town way or private way has been 1
laid out, relocated, altered or approved in pursuance of the two preced- 2
ing sections does not make and complete the same in the manner pre- 3
scribed by the county commissioners, and to their satisfaction, within 4
six months after it has been laid out, relocated, altered or approved, or 5
within the time directed by them, they shall, forthwith, cause such way 6
to be completed, and the expenses, interest and charges thereof shall be 7
determined and paid in the manner provided in sections fourteen and 8
fifteen. 9
Laying out
private way by
commissioners.
1837. 164.
G. S. 43.
§§66,81.
P. S. 49,
§§ 72,91.
1892, 415, § 4,
R. L. 48,
§§ 73, 94.
Section 29. If the laying out, relocation or alteration of a private
way is desired in a town for the use of one or more persons who are not
inhabitants thereof, or if the laying out, relocation or alteration of a
private way lying partly in one town and partly in another is desired,
the county commissioners may cause such way to be laid out, relocated
or altered, in the manner provided in section twenty-sLx.
1917, 344, II, §§ 47, 65, VIII, § 1.
Discontinu-
ance by
commissioners.
1764-5. 6.
1786, 67, § 2.
R. S. 24.
§§ 73. 74.
G. S. 43,
§§70, 71, 81.
P. S. 49.
§§ 76, 77. 91.
1892, 415, § 4.
R. L. 48.
§§77, 78, 94.
Section 30. Upon the application in writing of a person aggrieved
by the refusal of a town to discontinue a town way or private way, the
county commissioners may order such way to be discontinued. If a
town way has been laid out, relocated or altered by the county com-
missioners, it shall not within two years thereafter be discontinued,
relocated or altered by the town; and if such way has been discon-
tinued by the county commissioners, the town shall not within two
years thereafter lay out the same again.
1917, 344, II, §§51, 52, 65, Vlll, §1. 2 Pick. 44. 2 Op. .\. G. 177.
Recognizance
for costs.
Notice and
hearing.
1S27, 77,
R. S. 24,
G. S. 43.
§§72,81.
P. S. 49,
§§78,91.
1892, 415, I 4.
§ 13.
5 75.
Section 31. If an application is made to the county commissioners
under sections twenty-six, twenty-se\'en, twenty-nine or thirty, they
may cause a recognizance to be given to the county such as is required
in applications for highways; and like proceedings may be had on such
recognizance. They shall also cause notice to be given, before they
proceed to view or to hear the parties, as in the case of highways.
R. L. 48, §§ 79. 94. 1917, 344, 11, §§ 53, 65, VIII, § 1. 9 Met. 423.
£b\P. 82.] LAYING OUT, ETC., OF PUBLIC WAYS. 947
1 Section 32. When a town way or private way is laid out, relocated i^y™g out
2 or altered by the selectmen or road commissioners or by the comity Jg^g^lg^"-
3 commissioners, they shall in their report or return thereof specify the §§ 1.2. '
4 manner in which such way is laid out, relocated or altered and shall §§i,'2. 4!
5 transmit to the town clerk a description of the location and boimds g! I.' «,' §^74.
6 thereof, which shall within ten days be recorded by him in a book kept Rb^'^g, §§so,
i4.
7 for that purjwse; and no town shall contest the legality of a way laid f|^|
8 out by it and accepted and recorded as provided in this chapter. Sec- k. l. is
* . ^ , . ... Ill 1 • • 9S SI, SJ, 94.
9 tions twenty-SLX to thirty-two, mclusive, shall apply to cities.
1917, 344. IT, §§ 55, 56, 65, VIII, § 1. 114 Mass. 548.
9 Gray, 341. 151 Mass. 28.
1 Section 32A. Upon petition in writinnj of the board or officers of Discontin-
7 ■ I !> 1 I- 1 • • uanceol
2 a town having charge oi a public way, the county commissioners may, certain ways
3 whenever common convenience and necessity no longer require such ways.
4 way to be maintained in a condition reasonably safe and convenient for
5 travel, adjudicate that said way shall thereafter be a private way and
6 that the town shall no longer be bound to keep the same in repair, and
7 thereupon such adjudication shall take effect; provided, that sufficient
8 notice to warn the public against entering thereon is posted where such
9 way enters upon or unites with an existing public way. This section
10 shall not apply to ways in cities.
WAYS AND PARTS OF WAYS FOR SPECIAL PURPOSES.
1 Section 33. Cities and towns may lay out footways for the use of fsyl"!^'
2 the public in the manner provided for the laying out of town ways. p s. 49, § sa.
R. L. 48, § 84. 108 Mass. 196. 220 Mass. 300.
1917, 344, II, § 58, VIII, § 1. 120 Mass. 300.
1 Section 34. If the city council of a city, or a town, accepts this sec- Reserved
2 tion or has accepted the corresponding provisions of earlier laws, the puwicways.
3 board or officers authorized to lay out highways or town ways may reserve r. l,'. 48, § 85.
4 spaces between the side lines thereof for the use of horseback riders, for §^50/ *^^' ^^''
5 bicycle paths or for street railways, except such as may be operated by l^g'/'vm Vi
6 steam, foi ' ' . ■ . • • p . i ■ ^ .„ .,.
7 planting.
6 steam, for drains, sewers and electric wires, for trees and grass, and for ifs Mass. 586.
° 234 Mass. 393.
1 Section 35. The board or officers authorized to lay out highways or Bicycle paths.
. 1S9S 351
2 town ways may lay out, construct and maintain bicycle paths under r. l'. 48, § sa.
3 the pro\'isions of law relative to the laying out, construction and main- l^oajviii, § i.
4 tenance of public ways.
183 Mass. 586. 4 Op. A. 0. 183.
1 Section 36. Whoever trespasses upon bicycle paths named in the Penalty for
2 two preceding sections by driving thereon with a horse or other animal, bicycle paths.
3 except to cross the same, shall be punished by a fine of not more than ^^l[ tsf § 87.
4 twenty dollars; but the aldermen or selectmen may prescribe limits \^ai.'viii,^h-
5 within which this section shall not apply. ^^^ ^''^^ ^*^-
1 Section 37. If a citv bv its city council or a town accepts this section Building lines.
2 or has accepted corresponding provisions of earlier laws, a building line r. l'. 48, § i03.
3 not more than forty feet distant from the exterior line of a highway or }9}7; sef 344,
4 town way may be established in the manner provided for laying out ways, viil.^^i.
5 and thereafter no structures shall be erected or maintained between such gllVa^ss' 340.
948
LAYING OUT, ETC., OF PUBLIC WAYS.
[Chaf. 82.
247 Mass. 417.
248 Mass. 447.
255 Mass. 67.
262 Mass. 404.
building line and such way, except steps, windows, porticos, other usual 6
projections appurtenant to the front wall of a building, embankments, 7
walls, fences and gates, to the extent prescribed in the vote establishing 8
such building line, and except that any structure existing at the time of 9
the establishment of the building line may be permitted to remain and 10
to be maintained to such extent and under such conditions as may be 11
prescribed in the vote establishing such building line. Whoever sustains 12
damage thereby may recover the same under chapter seventy-nine. A 13
building line established under this section may be discontinued in the 14
manner provided for the discontinuance of a highway or town way. Who- 15
ever sustains damages by the discontinuance of a building line may 16
recover the same under chapter seventy-nine. 17
Gravel pits.
1869, 237,
§§1,2.
P. S. 49. § 99.
1899, 85.
R. L. 48, § 105.
1910,511, § 1.
1917, 344, II,
§76, VIII, §1.
260 Mass. 592.
Section 38. The county commissioners, aldermen or selectmen or 1
road commissioners may purchase or select and lay out land within 2
their respective counties, cities or towns, not appropriated to public 3
uses or owned by any other town, from which may be taken materials 4
necessary for the construction, repair or improvement of public ways; 5
and may lay out such ways as they consider necessary for convenient 6
access thereto. All proceedings relative to such land and ways shall be 7
the same as are provided in the laying out of other ways, and if it is 8
necessary to acquire land for the purposes of this section, the same may 9
be taken by eminent domain under chapter seventy-nine. 10
Filing of pe-
titions with
county com-
missioners.
1874, 283, § 1.
1875, 223, § 1.
P. S. 49, § 106.
FILING OF petitions.
Section 39. Petitions to the county commissioners relative to high- 1
ways and town ways may be filed with and the recognizance taken by 2
the clerk of said commissioners, and such filing shall be the commence- 3
ment of proceedings. 4
R. L. 48, ; 111. 1917, 344, II, § 81, VIII, § 1.
Chap. 83.]
SEWERS AND DRAINS.
949
CHAPTER 83.
SEWERS, DRAINS AND SIDEWALKS.
Sect.
construction and maintenance of
sewebs and drains.
1. Laying out of sewers.
2. Plans and records.
3. Sewer connections.
4. Drains for liighways.
SEPARATION, PURIFICATION AND DISPOSAL
OF SEWAGE.
5. Separate system of plumbing.
6. Establishment of sewage disposal
works.
7. Prevention of nuisance from works.
REGULATIONS AND PENALTIES.
8. Digging up public ways.
9. Obstruction of ditches.
10. Obstruction of sewers.
11. Requirement of connection with
sewer.
12. Repair of private drain.
13. Enforcement by equity jurisdiction.
Sect.
sewer assessments.
14. Assessment for construction.
15. Assessment for sewerage systems.
16. Assessment for use of sewers.
17. Payment for permanent privilege.
IS. Determination of method of assess-
ment.
19. Extension of time of payment.
20. Fee for use of sewers.
21. Land abutting upon more than one
way.
22. Sewers built by land owners.
23. Payment of part of cost by city or
town.
24. Assessment for particular sewers.
SIDEWALKS.
25. Establishment of sidewalks.
26. Sidewalk assessments.
GENERAL PROVISIONS RELATING TO ASSESS-
MENTS.
27. Recording of statement.
28. Application of betterment law.
CONSTRUCTION AND M.A.INTENANCE OF SEWERS AND DRAINS.
1 Section 1. The aldermen of a city or the sewer commissioners,
2 selectmen or road commissioners of a town may lay out all such main
3 drains or common sewers as they adjudge necessary for the public con-
4 venience or the public health, in puIdHc or private ways or in the land
5 of any person, and may take land by eminent domain under chapter
€ se\'enty-nine which may be necessary therefor, and may prescribe the
7 manner in which and the materials with which such drains or sewers
8 shall be built; but all such drains or sewers built in public ways shall
9 be built and repaired with brick or stone or in some other substantial
10 manner. They may also lay out particular sewers from common sewers
11 to the boundary of the way. Drains and sewers so laid out shall be built,
12 repaired, maintained and owned by the town.
Laying out
of sewers.
1709-10, 5. § 2.
1796, 47, § 2.
R. S. 27. § 2.
1841, 115,
§§ 1,6.
1857, 225, I 1.
G. S. 48, §§ 1,
3 9
1869. Ill, § 1.
1871, 158, §2.
1873. 51.
P. S. 50, §!
13.
1890, 124.
1892, 245. § 4.
1893, 304, " ^
423, § 24.
ll.
§2;
R. L. 49, §§ 1, 12, 25.
4 Mien, 41.
8 Allen, 127.
13 Allen, 146.
104 Mass. 13.
110 Mass. 433.
113 Mass. 218.
114 Mass. 483.
119 Mass. 294.
122 Mass. 255.
124 Mass. .564.
126 .Mass. 431.
128 Mass. 396.
131 Mass. 523.
134 Mass. 476.
139 Mass. 384.
142 Mass. 110.
146 Mass. 298. 336, 467.
149 Mass. 44. 410.
150 Mass. 12.
151 Mass. 174.
159 Mass. 324.
160 Mass. 282.
163 Mass. 303.
174 Mass. 545.
185 Mass. 142.
192 Mass. 287.
201 Mass. 329.
229 Mass. 403.
263 Mass. 55.
1 Section 2. Plans and descriptions of all main drains and common piansand
records.
2 sewers belonging to a town, with a true record of the charges of making i878. 232. § 2.
950
SEWERS AND DRAINS.
[Chap. 8S.
p. s. 50, § 14. and repairing said drains and sewers and of all assessments therefor, 3
i907i 365.^ ^*' shall be kept in the office of the town clerk or in such other office of the 4
town as the town by ordinance or by-law may determine. 5
Sewer connec-
tions.
1892, 245, § 4,
1899, 319,
HI. 2.
1900, 112.
R. L. 49,
31, 32.
Section 3. The board or officers of a city or town having charge 1
of the repair and maintenance of sewers may, upon request of the owner 2
of land and payment by him of the actual cost thereof, construct a par- 3
12, ticular sewer from the street line to a house or building. A town may 4
appropriate money for connecting estates within its limits with common 5
sewers, and no estate shall, in any year in which such an appropriation 6
is made, be connected with a common sewer except in the manner iierein- 7
after provided. If bonds or notes are issued to pay the cost of making 8
such connections, the assessments provided for in section twenty-four 9
shall be applied to the payment of such bonds or notes. If the board of 10
heahh of a town making such appropriation shall order land abutting 11
upon a public or private way in which a common sewer has been laid to be 12
connected with such sewer, or if the owner of such land shall make to the 13
board or officer having charge of the maintenance and repair of sewers 14
application to connect his land with a common sewer, such board or officer 15
shall make such connection. 16
Drains for
highways.
1917, 329,
§§ 1.3.
1919, 350,
§§111, 113.
1931, 394, §
Section 4. The department of public works, county commissioners,
and the officers having charge of highways in any city or town may
construct ditches or drains for the purpose of properly draining any
39. highway, and may carry water away from any highway and over or
through any land as they may deem necessary for public convenience
or for the proper care or construction of such highway, and may purchase
or take by eminent domain under chapter seventy-nine, on behalf of
the commonwealth, county, citj- or town, such land or interest therein
as may be necessary therefor. Such ditches and drains shall be under
the control of said officials, who may enter upon any land for the purpose
of constructing, repairing or maintaining the same; but they shall not
enter upon or construct any ditches, drains or other works or lay any
conduits or pipes or discharge any water within the location of any rail-
road corporation, except at such time and in such manner as they may
agree upon with such corporation, or, in case of failure so to agree, as
may be approved by the department of public utilities. The owner or
occupant of land through which any ditch or drain has been constructed
under this section may, after securing a permit from the officers having
control of the ditch or drain, construct and maintain a bridge over the
same. The damages sustained by any person in his property by takings
or other acts herein authorized may be recovered under chapter seventy-
nine. The department, board or officers who have taken an easement
under this section may discontinue or abandon the same by filing for
record in the registry of deeds a suitable instrument.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Separate
system of
plumbing.
1903, 383, § 1.
separation, purification and disposal of sewage.
Section 5. In this section surface or storm water and such other 1
waters as shall be specified by the department of public health shall be 2
designated as waters and all other waters and sewage shall be desig- 3
nated as sewage. When a town has provided both a drain for waters 4
Chap. S3.] sewers and drains. 951
5 and a sewer for sewage in a public way, the owner of every parcel of
6 land abutting on such way or connected with such drain or sewer shall
7 arrange his plumbing so that the waters shall be kept separate from the
8 sewage; and shall make such connections with the drain and sewer re-
9 spectively that the waters shall pass into the drain and the sewage into
10 the sewer in accordance with the directions of the board or officer havmg
11 charge of the repair and maintenance of sewers in such town.
1 Section 6. A town, with the approval of the department of public Establishment
2 health, after a public hearing by said department of all parties inter- pofirwMki'.^'
3 ested, of which notice shall be given by publication in one or more J^^l. «* § i.
4 newspapers, may purchase land within its limits, or take the same by Js^^ii^g' lyg
5 eminent domain under chapter seventy-nine, for the treatment, purifi- J^o Mass. 12
6 cation and disposal of sewage. Towns or persons owning or operating
7 filter beds or other works for the treatment, purification and disposal of
8 sewage shall provide and maintain works adequate for the treatment of
9 the sewage at all times, and shall operate such works in such manner as
10 will prevent a nuisance therefrom or the discharge or escape of unpurified
1 1 or imperfectly purified sewage or eflluent into any stream, pond or other
12 water, or other objectionable result.
1 Section 7. If the department of public health determines upon Prevention of
2 examination that a filter bed or other works for the treatment, purifica- wo?ks°'''^ '°^
3 tion and disposal of sewage causes the pollution of a stream, pond or other 1919; 350; § 97.
4 water, or is likely to become a source of nuisance or create objectionable
5 results in its neighborhood by reason of defective construction, inadeciuate
6 capacity or negligence or inefficiency in maintenance or operation or
7 from other cause, it may issue notice in writing to the town or person
8 owning or operating such works requiring such enlargement or improve-
9 ment in the works or change in the method of operation thereof as may
10 be necessary for the proper maintenance and operation of the works and
11 the efficient purification and disposal of the sewage. If said depart-
12 ment determines after investigation that the unsatisfactory operation
13 of a sewage disposal system is due wholly or partly to the discharge
14 into the system of manufacturing waste or other substance of such
15 character as to interfere with the efficient operation of said works, it
16 may if necessary prohibit the entrance of such waste or other material,
17 or may regulate the entrance thereof into the system, or may require
18 the treatment of such waste or other material in such manner as may
19 be necessary to prevent its interference with the operation of the works.
regulations and penalties.
1 Section 8. Whoever digs or breaks up the ground in a public way Digging up
2 for the laying, altering or repairing of a drain or sewer, without the i709-io,''5r'§ 1.
3 written consent of the board or officer having charge of the maintenance ^^^1; ||; | J;
4 and repair of sewers in the town in which such way is situated, shall forfeit p- 1 1^; | fj.
5 five dollars, to the use of such town.
R. L. 49, § 29.
1 Section 9. Whoever, by himself, his agents or servants, deposits obstruction
2 in or along any ditch or drain constructed under section four any ma- 1917,32*9,' §4.
3 terial which will obstruct the flow of water therein shall be punished by
952
SEWERS AND DRAINS.
[Chap. 8.3.
a fine of ten dollars, and shall be liable in tort to the commonwealth, the 4
county, city or town controlling the ditch or drain for all damages caused 5
thereby, for the cost and expense of removing the obstructing material 6
and of restoring the ditch or drain to its former condition. 7
of''sewCT8.°° Section 10. The aldermen of a city or the sewer commissioners,
R ^L 49*'§\2 selectmen or road commissioners of a town may make necessary regula-
1909. '»33, § 2. tions regarding the use of common sewers to prevent the entrance or dis-
(1920) 148. charge therein of any substance which may tend to interfere with the flow
of sewage or the proper operation of the sewerage system or disposal
works, and may make regulations for the construction and use of particu-
lar sewers, and impose penalties not exceeding twenty dollars for their
violation.
Requirement
of connection
witii sewer.
1890, 132.
R. L. 49, § 30.
160 Mass. 282.
Section 11. The board of health of a town may require the owner 1
or occupant of any building upon land abutting on a public or private 2
way, in which there is a common sewer, to connect the same therewith by 3
a sufficient drain, and such owner or occupant who fails to comply with 4
such order shall be punished by a fine of not more than two hundred 5
dollars. 6
Repair of
private drain.
1893, 312.
R. L. 49. § 35.
Section 12. If a city council or a town accepts this section or has 1
accepted corresponding provisions of earlier laws, the board of health 2
may require the owner or occupant of an estate which drains into a private 3
drain in a public or private way to put such drain in good repair and 4
condition. If he fails to comply with said order within ten days after 5
notice thereof, he shall be punished by a fine of not more than twenty 6
dollars for every day during which such failure continues. 7
Enforcement
by equity
jurisdiction.
1897, 116, § 2.
R. L. 49, § 36.
1903, 383, § 4.
1909, 433, § 4.
Op. A. G.
(1920) 148.
Section 13. The supreme judicial court and the superior court 1
shall have jurisdiction in equity to restrain the unlawful use of common 2
sewers or the placing or depositing of materials therein or the violation 3
of regulations regarding the use thereof made under section ten, and 4
to enforce the provisions of sections five to seven, inclusive. 5
Assessment for
construction.
1841, 115, § 2.
G S. 48, § 4.
1878, 232, § 1.
P S. 50, § 4.
1893, 423,
§§ 23, 24.
R. L. 49, § 3.
9 Cusli. 233.
99 Mass. 627.
111 Mass. 123.
112 Mass. 541.
117 Mass. 363.
118 Mass. 168.
SEWER ASSESSMENTS.
Section 14. A person who enters his particular drain into a main 1
drain or common sewer, or who by more remote means receives benefit 2
thereby for draining his land or buildings, shall pay to the town a pro- 3
portional part of the charge of making and repairing the same, and of 4
the charge, not already assessed, of making and repairing other main 5
drains and common sewers through which the same discharges, which G
shall be ascertained, assessed and certified by the aldermen, sewer com- 7
missioners, selectmen or road commissioners. 8
120 Mass. lOS, 297.
l-'H Mass. 282.
132 Mass. 42.
136 Mass. 183.
139 Mass. 328, 384.
143 Mass. 585.
146 Mass. 298.
150 Mass. 12.
192 Mass. 287.
201 Mass. 329.
217 Mass. 422.
229 Mass. 403.
ffiwwlTe"*^"' Section 15. The city council of a city or a town may adopt a sys- 1
systems. tem of Sewerage for a part or the whole of its territory, and may pro\ide 2
Chap. 83.] sewers and drains. 953
3 that assessments under section fourteen shall be made upon owners of jp^' ||2, § s.
4 land within such territory by a fixed uniform rate, based upon the esti- fg,S |%^^-
5 mated average cost of all the sewers therein, according to the frontage R. l' 49. § 5.
6 of such land on any way in which a sewer is constructed, or according 1 lo^MasI 433.
7 to the area of such land within a fixed depth from such way, or according {39 l\l^[ HI]
8 to both such frontage and area; but no assessment in respect to any igsMassiM:
9 such land, which by reason of its grade or level or any other cause can- }|2 Mass. 28^
10 not be drained into such sewer, shall be made until such incapacity is J^S^J"^'' ?L
11 removed. If the assessment is according to the area within such fixed 2ioMassli5i!
12 depth, the lien therefor shall attach to the parcel assessed.
1 Section 16. The aldermen of any city except Boston or the sewer Assessment
2 commissioners, selectmen or road commissioners of a town, may from sewers.
3 time to time establish just and equitable annual charges for the use of r. l. 49, § 6. '
4 common sewers, which shall be paid by every person who enters his '^^ ^'^^^' ^*^'
5 particular sewer therein. The money so received may be applied to the
6 payment of the cost of maintenance and repairs of such sewers or of any
7 debt contracted for sewer purposes.
1 Section 17. The aldermen of any city except Boston or a town in Payment for
2 which main drains or common sewers are laid may determine that a prwiiiege"
3 person who uses such main drains or common sewers in any manner, §§^*,'2.**'
4 instead of paying an assessment under section fourteen, shall pay for the r. 'I.^m.^I 7.^'
5 permanent privilege of his estate such reasonable amount as the alder- Jgjg'l*'''^^'^-
6 men or the sewer commissioners, selectmen or road commissioners shall J92o! 2.
. 192 Mass. 287.
7 determine.
1 Section IS. The city council of a city or a town which itself is, or Determination
2 the officers of which are, entitled, under sections fourteen to seventeen, assessment."
3 inclusive, or under any special act, to assess upon land the whole or a r.^l. 49f'§ s^'
4 part of the cost of laying, making, maintaining or repairing main drains
5 or common sewers, may determine that such assessments shall be made
6 by two or more of the methods provided in said sections or special acts,
7 and may determine what part of the expense or estimated average cost
8 shall be paid under each method.
1 Section 19. The aldermen of a city or the sewer commissioners, Sj|^'^f°"°^
2 selectmen or road commissioners of a town may extend the time for the ment.
3 payment of such assessments upon land which is not built upon until r. l'. 49','§9. '
4 it is built upon or for a fixed time; but interest at a rate not less than {gilil"'^"^ '
5 the town pays upon any loan for sewer purposes shall be paid annually gio^iiass. isi.
6 upon the assessment from the time it was made, and the assessment
7 shall be paid within three months after such land is built upon or at the
8 expiration of such fixed time.
1 Section 20. The owners of land or parts thereof not liable to assess- Fee for use of
sowers
2 ment, or not in fact assessed, may use the common sewers for the dis- 1892,245,13.
3 posal of their sewage from such land only on paj-ment of such reasonable
4 amount as the aldermen or the sewer commissioners, selectmen or road
5 commissioners shall determine.
R. L. 49, § 10.
954 SIDEWALKS. [Chap. 83.
upon mor"'°* SECTION 21. If laiicl abuts upon more than one way, assessments for 1
1892 ° 45 Ts sewers based wholly or in part upon frontage shall be assessed upon the 2
R. l'. 49, § 11. frontage upon one such way and upon so much of the frontage upon such 3
other way as is not exempted by the board whose duty it is to make 4
the assessment; and such board may exempt from assessment so much 5
of the frontage upon such other way as they consider just and equitable. 6
fa'iJd" wners. ''^ SECTION 22. If an Ordinance or by-law provides that any drain or 1
R^L 49^'§ 13 s^^^r ''lid ill ^n.y i'l'id or way, public or private, which is opened or 2
proposed to be opened for public travel and accommodation shall be 3
a main drain or common sewer, and such drain or sewer is laid in a 4
private way or land at the expense of the owner thereof, his land shall 5
not be assessed for such drain or sewer, except for the cost of connecting 6
it with common drains or sewers already established. 7
pan"rc*os°tby SECTION 23. This chapter shall not prevent a town from providing, 1
i84i°ii'5T5 ^y ordinance or otherwise, that a part of the expense of laying out, 2
p I'so'in constructing, maintaining and repairing main drains or common sewers 3
1892, 245. § 9. shall be paid by such town ; and any city except Boston and any town 4
27. ■ ' ' adopting a system of sewerage which had not, prior to May sixth, eight- 5
een hundred and ninety-two, actually levied assessments for the cost 6
of such system shall pay such portion, not less than one quarter nor 7
more than two thirds, of the cost of laying out, constructing, maintain- 8
ing and repairing the common sewers as the city council or the sewer 9
commissioners, selectmen or road commissioners may determine. 10
f^'/panku'ar SECTION 24. The owner of any land benefited by the laying out of a 1
is9"l245, § 4. particular sewer from the common sewer to the boundary of the way 2
H^l'l^^' shall pay to the town for the permanent privilege of using the same 3
1900.112 such reasonable amount as the aldermen or the sewer commissioners, 4
32, 34. ' ' selectmen or road commissioners determine, which mav be fixed at the 5
estimated average cost of all such particular sewers within the territory 6
for which a system of sewers has been built or adopted. The bt)ard or 7
officers authorized to lay out sewers shall assess the cost of connecting S
private land with a common sewer under section three upon the land so 9
connected, and may require that an applicant for a connection of his 10
land with a sewer shall pay in advance an amount equal to the estimated 11
assessment therefor, whicii shall be applied to the payment of the as- 12
sessment, and the remainder, if any, shall be repaid to the applicant. 13
SIDEWALKS.
fflfdewaikr' Section 25. The aldermen of a city or the selectmen or road com- 1
G*s*'4*5^'llf I' ni'ssioners of a town may, if in their judgment the public cornenience 2
p s. sb; §§20, so requires, establish sidewalks in the public ways thereof and determine 3
R.L. 49, §§42- the grade of each such sidewalk and the materials with which it shall 4
1918. 257, be constructed, and may order the reconstruction of existing sidewalks. 5
m'g^'s. No such sidewalk shall be dug up or obstructed without the consent of G
iirMasa. 546. t'^'' board or officer having charge of the maintenance and rejjair of 7
207 Mass. 123. public ways in a city, or the selectmen or road commissioners in a town. 8
208 Mass. 348. 201 Mass. 191. 262 Mass. 338.
234 Mass, 108.
Chap. 83.] sidewalks. 955
1 Section 26. In the order for the construction of a new sidewalk or sidewalk
2 the reconstruction of a sidewalk with material of more permanent ifyTS/'
3 character than that with which it was originally constructed, the board is-4"''io7.
4 making the order may provide for the assessment of a reasonable amount, f.^^; 50, 55 22-
5 not exceeding one half the cost, upon the abutting estates. If an ordi- f^^^ ^^^
6 nance or by-law so provides, the total assessed upon any individual fll. 49. §§42-
7 estate shall not exceed one per cent of the value thereof as fixed by the 1918, 257, §218.
8 last preceding annual assessment for taxes.
1919, 5. 142 Mass. 200. 208 Mass. 348.
1920. 2. 166 Mass. 244. 261 Mass. 191.
114 Mass. 388. 185 Mass. 142. Op. A. G. (1918) 36.
GENERAL PROVISIONS RELATING TO ASSESSMENTS.
1 Section 27. Whenever the aldermen of a city or the sewer commis- Recording of
2 sioners, selectmen or road commissioners of a town lay out or determine os. 48. ss.
• • 1S7R m4 S 1"
3 to construct a sewer or drain in a public way, or in a way opened or 249. '
4 dedicated to the public use which has not become a public way, or adopt §"§ |; ^0. 25.
5 an order for the establishment or reconstniction of a sidewalk for such {Igijlj"-
6 a way, and assessments may be made or charges imposed under this J*^^. sso.
7 chapter for the construction of such improvement or the use thereof, {l^^'j^e.
8 they shall forthwith cause to be recorded in the registry of deeds of the 1899! 319!
9 county or district in which such city or town is situated a statement of r. l. 49,
10 their action, which shall specify the ways in which such sewer, drain or ilif^'os?,
11 sidewalk is located. All assessments made or charges imposed under f|i|'^g^'*'
12 this chapter upon any land which abuts upon any such way in which J^I^'jjb §20
13 such sewer, drain or sidewalk is located shall constitute a lien upon such 261 Mass^ 191.
14 land from the time such statement is recorded.
273 Mass. 303.
1 Section 28. The provisions of chapter eighty relative to the appor- beltCTmcnt °'
2 tionment, division, reassessment, abatement and collection of assess- 'aw
.1918 257
3 ments, and to interest, shall apply to assessments made under this §§ 216. 218.
4 chapter.
1919, 5. 1920, 2. 261 Mass. 191.
956
REPAIR OF WAYS AND BRIDGES.
[Chap. 84.
CHAPTER 84.
REPAIR OF WAYS AND BRIDGES.
Sect.
1.
2.
3.
4.
5.
6.
7.
9.
10.
11.
IIA,
12.
13.
14.
HIGHWAYS AND TOWN WAYS.
Ways to be repaired by towns.
Repair of bridges by several towns.
Enforcement of order for repair.
Warrants against delinquent towns.
Joint repair of certain highways.
Ways spread with tar to be covered
with sand.
Duties of surveyors and road commis-
sioners.
Fences to prevent spread of disease
not to be removed.
Ditches by the side of ways.
Entry upon adjacent land; damages.
State aid for keeping highways open
in winter.
Participation of county in mainte-
nance of certain pubUc ways.
PRIVATE WAYS AND BRIDGES.
Meeting of proprietors.
Penalties for neglecting to comply
with votes.
Financing repairs.
Sect.
d.^mages for defects in wats.
15. Injury to person or property.
16. No Uability if load excessive.
17. No Uability for snow and ice.
18. Notice of injury. Limitation of ac-
tion.
19. Service of notice.
20. Correction of defective notices.
21. Notice to owner of private property.
22. Penalty for neglect to repair.
23. Dedicated ways not chargeable unless
legally laid out.
24. Liability for dedicated ways unless
entrance is marked.
25. Location not to be denied if repairs
have been made.
26. Liability of abutting owner.
Waya to be
repaired by
towns.
1693-4, 6. § 1.
1786, 81, § 1.
R. S. 25, § 1.
G. S. 44, I 1.
HIGHWAYS AND TOWN WAYS.
Section 1. Highways and town ways shall, unless otherwise pro-
vided, be kept in repair at the expense of the town in which they are
situated, so that they may be reasonably safe and convenient for
travelers, with their horses, teams and carriages at all seasons.
§1,
1S77, 234. § 1.
P. S. 52, § 1.
R. L. 51. § 1.
1917, 344, IV,
VIII, § 1.
13 Pick. 343.
11 Gray, 353.
13 Gray, S9, 344, 601.
14 Gray, 242.
16 Gray, 228.
1 Allen. 182.
8 Allen, 51.
100 Mass. 255.
103 Mass. 129.
105 Mass. 470.
im; .Mass. 276.
l.'O .Mass. 300.
1313 .Mass. 419.
145 Mass. 326.
156 Mass. 75.
176 M.ass. 413.
ISS Mass. 595.
H>-2 M.ass. 220.
196 Mass. 18.
197 Mass. 66, 241.
204 Mass. 105.
205 Mass. 400.
208 Mass. 571.
213 Mass. 103, 446.
217 Mass. 227.
222 Mass. 591.
225 Mass. 271.
232 Mass. 111.
237 Mass. 203.
240 Mass. 517.
254 Mass. 208.
260 Mass. 539.
261 Mass. 64.
262 Mass. 338.
263 Mass. 55.
269 Mass. 19.
3
4
Repair of
bridges by
several towns.
1852, 238,
G. S. 44, § 2.
P. S. 52, § 2.
R. L. 51, § 2.
1917, 344,
IV, § 2,
VIII, 5 1.
Enforcement
of order for
repair.
1917, 344.
IV, § 3.
VIII. 5 1.
Section 2. If two or more towns within the same county which are 1
required by law to maintain or keep in repair a bridge upon a highway 2
or town way, diilVr as to the mode or time of doing the same, the county 3
commissioners, upon application of cither of said towns, after notice to 4
all parties interested and a hearing, may pass such orders relative to 5
the maintenance and repair of such bridge as in their opinion the public 6
good may require. '
Se(TION 3. If any town does not comply with any orders passed by 1
the county commissioners under the preceding section, within the time 2
and in the maimer prescribed in such orders and to the acceptance of 3
the commissioners, the commissioners shall forthwith cause such bridge 4
Chap. 84.] repair of ways and bridges. 957
5 to be completed in accordance with such orders and shall direct the
6 expenses and charges of completing the same to be paid in the first
7 instance by the county, and shall order notice thereof to be given to the
8 delinquent town, stating the proportion which it is to pay.
1 Section 4. If a delinquent town does not pay its proportion of such warrants
2 expenses and charges within sixty days after the date of such notice, qiu'nt' towns.'
3 with interest at a rate to be fixed by the county commissioners, not ivI^m**'
4 exceeding ten per cent a year from the time when the same was paid by ^^"' ^ ^■
5 them, the commissioners, after a hearing, may issue a warrant against
6 such town for the amount which it was ordered to pay, with interest and
7 further costs of such notice and warrant, which shall be collected and
8 paid into the county treasury.
1 Section 5. When a highway runs through two or more towns, they Joint repair of
2 may appropriate money for the construction, repair, maintenance or ways.
3 improvement thereof in common, and may purchase road machinery 1917! sa',
4 therefor in common. Money so appropriated shall be expended by vni!§'i.
5 such persons and in such manner as the towns concerned shall agree
6 upon.
1 Section 6. Any public way which has been spread with tar, oil or ways spread
2 similar substance, shall, within three hours thereafter, be covered with rovere^iltith*
3 sand, gravel, peastone or other similar material in such manner as to \g"'l[ ^2*.
4 render the way safe for travel. But such way may be so treated without J|/7"^344
5 being so covered if the tar, oil or other similar substance is first applied ^Xv/YF^'
6 to not more than one half of the traveled width of the way, and such
7 portion becomes safe for travel before the remaining part of the way is
8 similarly treated, or if there is a reasonably safe and convenient alternate
9 route or detour which has not been so treated, or if so treated has been
10 rendered safe for travel as herein provided. Violation of any provision
11 of this section shall be punished by a fine of not less than ten nor more
12 than one hundred dollars.
1 Section 7. Surveyors of highways and road commissioners shall ^(."orlanl"'
2 remove whatever obstructs the public ways within their respective ■•pad commis-
sionprs
3 towns or districts, or endangers, hinders or incommodes persons travel- 1693-4. 6, § 1.
4 ing thereon; and shall forthwith cause snow to be removed or trodden 1796! ss'.
5 down so as to make such ways reasonably safe and convenient. If a r. s'. 25. §§ 3.
6 town neglects to vote a sufficient amount for the proper repair of ways g.'s. 44, §§8,
7 therein, or does not otherwise effectually provide therefor, each sur- {gVjfiss.
8 veyor, in his district, or the road commissioners, may employ persons }|^^; §34 5 j
9 to make such repairs, who shall be paid by the town; and towns may p**|',,^^ §|6.
10 authorize their surveyors or road commissioners or any other person to i2y''i,3 52
11 enter into contracts for making or repairing the ways therein.
1899, 330. 9S Mass. 5S1. 148 Mass. 174.
R. L. 51, §5 6, 10, 13. 107 Mass. 414. 149 Mass. 85.
1917, 344, IV, §§ 15, 16, 115 Mass. 431. 151 Mass. 422.
19, VIII, § 1. 116 Mass. 455. 152 Mass. 61.
4 Pick. 149. 120 Mass. 565. 180 Mass. 539.
13 Pick. 343. 128 -Mass. 546. 197 Mass. 480.
11 Gray, 342. 131 Mass. 470. 200 Mass. 175.
13 Gray, 347. 134 Mass. 522. 207 Mass. 460.
8 Allen, 51, 473. 136 Mass. 235. 222 Mass. 22.
97 Mass. 472. 147 Mass. 245. 262 Mass. 214.
958
REPAIR OF WAYS AND BRIDGES.
[Chap. 84.
Fences to pre-
vent spread of
disease not to
be removed.
1786,81, § 11.
R. S. 25, § 4.
G. S. 44, § 9.
Section 8. No surveyor, road commissioner or other person shall, 1
without an order from the board of health, remove or take down fences, 2
gates or bars which have been placed on a way for the purpose of prevent- 3
ing the spread of a disease dangerous to the public health. 4
p. S. 52, § H. R. L. 51, § 11. 1917, 344, IV, § 17, VHI, 5 1.
Ditches by the
side of ways.
1786,81, § 1.
R. S. 25, § 5.
G. S. 44, § 10.
P. S. 52. § 12.
R. L. 51, § 12.
§ 18,'viii, §1. structed thereby, may, after a view, order the surveyor or road com
8 Gray, 409. missioucr to make alterations in such work.
15 Gray, 486.
Section 9. A surveyor or road commissioner may cause a water-
course occasioned by the wash of a way to be conveyed by the side of
the way; but the aldermen or selectmen, upon complaint of a person
whose building has been incommoded or whose business has been ob-
Entry upon
adjacent
land;
damages.
R. S. 25, § 6
1859, B7.
G. S. 44, §§
20.
1868, 264.
P. S. 52,
§§ 14-16.
R. L. 51,
§§ 14-16.
Section 10. The selectmen or road commissioners may enter upon, 1
use or survey or take by eminent domain under chapter seventy-nine 2
any land they may deem necessary for the purpose of securing or pro- 3
19. tecting a public way; and any person thereby injured in his property 4
and any owner of land adjoining a way who has sustained damage in his 5
property by an act done' for the purpose of repairing the way may recover 6
such damages under chapter seventy-nine. 7
1917,344, IV
VIII, §1.
1 Pick. 418.
2 Met. 599.
8 Met. 172.
8 Gush. 69.
10 Gush. 411.
5 Gray, 372.
8 Gray, 409.
13 Gray, 601.
14 Gray, 216, 218
15 Gray, 486.
104 Mass. 13.
106 Mass. 84.
109 Mass. 123.
20-22,
113
117
119
120
121
122
123
125
128
136
137
144
145
147
151
Mass. Ill, 218.
Mass. 78. 79.
Mass. 372, 392.
Mass. 416.
Mass. 5. 241, 262.
Mass. 110.
Mass. 522.
Mass. 371. 519. 529.
Mass. 550.
Mass. 10.
Mass. 255.
Mass. 579.
Mass. 561.
Mass. 452.
Mass. 196.
153 Mass. 245.
158 Mass. 564.
161 Mass. 530.
163 Mass. 77.
169 Mass. 390.
175 Mass. 459. 590.
177 Mass. 173.
187 Mass. 545.
189 Mass. 254.
194 Mass. 80.
195 Mass. 64.
220 Mass. 575.
229 Mass. 563.
231 Mass. 138.
,540.
State aid for
keeping high-
ways open in
winter.
1920, 488,
§« 1-3.
1923, 482, § 2.
Section 11. The department of public works may co-operate with
the proper officers of cities, towns and counties in keeping open and
reasonably passable for vehicles during the winter months such highways
as may be selected by said department, having regard to the importance
thereof for commercial uses and the co-operation and aid to be rendered
by cities, towns and counties and persons in carrying on this work, and
for this purpose may expend such sums as may be annually appropriated
therefor and may accept financial or other assistance from any city,
town, county or person; provided, however, that the work carried on
under this section shall be supplemental to work undertaken and per-
formed by cities and towns under other provisions of law, and that
nothing in this section shall render the commonwealth liable for damages
for which it is not liable under other provisions of law or relieve cities 13
or towns from keeping their highways clear from ice and snow as required 14
by other provisions of law. 15
1
2
3
4
5
6
7
8
9
10
11
12
Participation
of county in
maintenance
of certain
public ways.
1921, 120. § 2.
Section 11 A. When a public way other than a state highway has
been constructed or improved in whole or in part by aid of money contrib-
uted by a county, the said way shall be kept and maintained in good repair
and condition by the town in which the same lies, but the county may
aid in such maintenance, and for such purpose the county commission-
ers may grant sums of money from the county treasury to be paid to the
Chap. 84.] repair of ways and bridges. 959
7 town to aid in such repairs as the commissioners may order. Such money
8 may be paid to the town from time to time as the work progresses to the
9 extent tliat the commissioners are satisfied that the same is being done in
10 accordance with their directions. Such grants or contributions shall not
11 render a county liable for defects in any way or for damages to persons
12 traveling thereon, and when the work of repair or maintenance for which
lo such grants or contributions are made is completed there shall be no
14 further obligation on the part of the county as to the repair or mainte-
15 nance thereof until a further grant or order is made by the county commis-
16 sioners for such purposes.
PRIVATE WAYS AND BRIDGES.
1 Section 12. If four or more persons are the proprietors and rightful ^opdeto?!
2 occupants of a private way or bridge, and three of them make application ^^l' H- |A^
3 in writing to a justice of the peace to call a proprietors' meeting, the justice 35.
4 may issue his warrant therefor, stating the time, place and purpose of 28.
5 the meeting. The warrant shall be posted in a public place of the town 27. ' *"
6 in which such way or bridge is situated, seven days at least before the 26.^' ^'' ^^^^'
7 time appointed for the meeting. The proprietors and occupants so ivl'j'Mi,' 32,
8 assembled shall choose a clerk and surveyor, who shall be sworn. They ^'"' ^ ^■
9 may determine the manner of calling future meetings, what repairs of
10 the way or bridge are necessary and the proportion of money and of labor
11 and materials to be furnished by each proprietor and occupant for such
12 repairs. The surveyor shall have the same powers with respect to such
13 way or bridge as are exercised by surveyors of highways.
1 Section 13. A proprietor or occupant who refuses or neglects to Penalties for
2 comply with such vote, when required by the surveyor, shall be liable TOmpfyB^ith'
3 to him in contract for the amount of his proportion, with ten per cent m?! 17, §§1.2.
4 interest thereon. If a person chosen clerk or surveyor under the pre- R^s. 26, §§36-
.5 ceding section refuses or neglects to accept that trust and take the oath, ^i ^' **' ^^ ^^'
6 he shall forfeit five dollars. Damages and forfeitures recovered under P-S. 52, §§28-
7 this section shall be applied 'to the use of the proprietors for repairing r.l.si, §§27-
8 said way or bridge.
1917, 344, IV, §§ 33-35, VIII, § 1.
1 Section 14. The proprietors and occupants may, at a meeting for Financing
2 that purpose, authorize any person to contract for making and keeping i8oT,"o.
3 in repair such private way or bridge, may vote to raise such amount as 42.^ ^^' ^^ ^'~
4 they consider necessary for carrying such contracts into effect; and may ^^ ^■*'^' ^^^^~
5 choose assessors, who shall assess each proprietor and occupant for his l^^^-i^h^h
6 proportion ot such amount according to his interest in such way or bridge, 33.
7 and shall deliver the lists of such assessments to the surveyor, with proper 32.
8 warrants of distress, in substance as is prescribed by law for collection of iv, 5§ 36-38,
9 town taxes, and the surveyor may levy and collect such taxes in the ^"'' ^ ''
10 .same manner as collectors of taxes are empowered to collect taxes. If a
11 surveyor neglects or refuses to pay over according to the direction of
12 his warrant the moneys so collected, he shall be liable to such proprietors
13 or occupants in contract for the amount collected, together with twenty
14 per cent interest in addition thereto.
960
REPAIR OF WAYS AND BRIDGES.
[Chap. 84.
§1.
§§18,
Injury to person
or property.
C. L. 12, § 2.
1693-4, 6, § 6.
1786, 81, § 7.
R. S. 25, § 22.
1838, 104.
18.50, 5, § 1.
G. S. 44, § 22.
1877, 234,
§§2,3.
1878, 259,
P. S. 52,
20.
R. L. 51, § 18.
1917, 344, IV,
§24, VIII, §1.
1920, 447.
1931,426, §200.
8 Met. 388.
1 Cush. 451.
2 Cush. 600.
4 Cush. 247,
310.
6 Cush. 141.
8 Cush. 522.
11 Cush. 503.
12 Cush. 488.
4 Gray, 178,
395, 596.
7 Gray, 100,
104.
9 Gray, 386.
11 Gray, 154,
342.
13 Gray. 59,
344.
damages for defects in ways.
Section 15. If a person sustains bodily injury or damage in his 1
property by reason of a defect or a want of repair or a want of a suf- 2
ficient railing in or upon a way, and such injury or damage might have 3
been prevented, or such defect or want of repair or want of railing might 4
have been remedied by reasonable care and diligence on the part of the 5
county, city, town or person by law obliged to repair the same, he may, 6
if such county, city, town or person had or, by the exercise of proper care 7
and diligence, might have had reasonable notice of the defect or want of 8
repair or want of a sufficient railing, recover damages therefor from such 9
county, city, town or person; but he shall not recover from a county, 10
city or town more than one fifth of one per cent of its state valuation last 11
preceding the commencement of the action nor more than four thousand 12
dollars; nor shall a county, city or town be liable for an injury or damage 13
sustained upon a way laid out and established in the manner prescribed 14
by statute until after an entry has been made for the purpose of construct- 15
ing the way, or during the construction and repairing thereof, provided 16
that the way shall have been closed, or other sufficient means taken to 17
caution the public against entering thereon. No action shall be main- 18
tained under this section by a person the combined weight of whose 19
carriage or vehicle and load exceeds six tons. 20
14 Gray, 242.
15 Gray, 577.
16 Gray, 181, 508.
1 Allen, 30.
2 Allen, 552.
3 Allen, 374, 402.
4 Allen, 113, 557.
5 Allen, 98.
8 Allen, 136, 137, 237,
522, 564.
10 Allen, 25, 147.
11 Allen, 318.
12 Allen, 566, 572.
13 Allen, 1,86, 190,
14 Allen, 290. 475, 508.
97 Mass. 258, 268,
272, 273.
98 Mass. 80.
100 Mass. 49, 185, 255.
101 Mass. 93, 99.
102 Mass. 329.
103 Mass. 509.
104 Mass. 73, 75, 78, 84.
105 Mass. 82, 310, 470,
473, 599.
106 Mass. 271,
276, 450.
107 Mass. 339.
108 Mass. 580.
109 Mass. 126, 204, 284,
446, 519.
110 Mass. 21, 131, 305,
330, 334, 506, 511, 514,
520, 522.
111 Mass. 3.57.
112 Mass. 43, 362, 489.
113 Mass. 603, 506.
114 Mass. 241, 507.
115 Mass. 571.
116 Mass. 93, 420.
117 Mass. 204, 509.
119 Mass. 66, 237, 273,
276, 491, 564.
120 Mass. ,580.
121 Mass. 161, 216, 294.
337, 442.
122 Mass. 100, 223,
389, 491.
123 Mass. 511.
124 Mass. 165, 281, 434.
125 Mass. 526.
126 Mass. 324.
127 Mass. 270, 290, 329.
128 Mass. 321, 567,
580, 583.
129 Mass. 514, 534.
130 Mass. 361.
131 Mass. 29, 452.
132 Mass. 49.
134 Mass. 507.
136 Mass. 402.
138 Mass. 1.
139 Mass. 313.
140 Mass. 84, 311,
328, 552.
141 Mass. 17, 189, 242.
142 Mass. 280, 536.
143 Mass. 296.
144 Mass. 491.
145 Mass. 91, 160, 196,
326, 476.
147 Mass. 245, 391. 440,
448, 505.
148 Mass. 484,
544. 598.
149 Mass. 147, 289.
150 Mass. 218.
151 Mass. 212, 422.
153 Mass. 409, 514.
154 Mass. 60, 140, 475.
155 Mass. 344.
156 Mass. 289, 391.
158 Mass. 464.
161 Mass. 3.
164 Mass. 263.
168 Mass. 382.
170 Mass. 384.
171 Mass. 472.
175 Mass. 501, 516.
178 Mass. 326.
180 Mass. 233, 585.
183 Mass. 265.
187 Mass. 564.
188 Mass. 595.
189 Mass. 7.
192 Mass. 220.
193 Mass. 26, 597.
194 Mass. 183. 396.
195 Mass. 151.
196 Mass. 18.
197 Mass. 76, 241.
311, 480.
200 Mass. 101, 242,
201 Mass. 286,
204 Mass. 22, 105.
205 Mass. 493.
206 Mass. 327.
207 Mass. 325.
208 Mass. 190, 307, 571.
211 Mass. 46, 171, 573.
212 Mass. 211, 512.
213 Mass. 20, 446,
560, 581.
216 Mass. 550.
217 Mass. 227. 312.
219 Mass. 88, 168,
302. 418.
222 Mass. 456.
223 Mass. 525.
225 Mass. 270.
227 Mass. 462.
230 Mass. 467.
231 Mass. 372.
232 Mass. 111.
234 Mass. 130.
235 Mass. 119.
236 Mass. 275.
237 Mass. 203.
246 Mass. 499.
250 Mass. 123, 368.
2.5:! Mas^ 119.
2,-|| Ma-s L'OS, 498.
2:,r, M;,.. :!jo.
2,"ii. .Ma- M;S,
2.5S M.a- L'113, 267.
2l'.ll Ma^., .5;i'.),
261 Miuss. 04, 183, 188.
262 Mass. 104, 291,
338, 514.
263 Mass. 55.
265 Mass. 1, 94.
266 Mass. 159, 208. 262.
26S Mass. 324.
269 Mass. 19, 571.
272 Mass. 577.
273 Mass. 456.
3 Op. A. G, 174.
No liability if SECTION 1(). If a person, Without the consent of the county, citv, 1
load excessive. • j 1 l ^ 1 l • ] • • l •' -j. o
1813,160, §4. town or person required liy law to keep a bridge in repair or Ins or its 2
1838, 104. ' agent, permits more than twenty neat cattle or horses to be upon a bridge 3
CH-iP. 84.]
REPAIR OF WAYS AND BRIDGES.
961
4 which is more than fifty feet from one abutment, pier or trestle part to Jf'io.ea- 5533.
5 another, or drives or transports over such bridge a vehicle with a load 24.^' ^^^
6 exceeding forty-five hundred pounds in weight exclusive of the team and §§4! 5.
7 vehicle, and thereby breaks or injures the bridge, such county, city, town fgiV; pi.V,^"
8 or person shall not be liable for any damage caused thereby. 5 as, viii, § 1.
1931,426,5201. 10 Pick. 35. 201 Mass. 564. 262 Mass. 104.
1 Section 17. A county, city or town shall not be liable for an injury NoUabiiity^for
2 or damage sustained upon a public way by reason of snow or ice thereon, jp«|fo ^'jg
3 if the place at which the injury or damage was sustained was at the time lyi?. 344, iv,'
4 of the accident otherwise reasonably safe and convenient for travelers. legVass. sie!'
170 Mass. 384.
174 Mass. 181, 188.
177 Mass. 498.
197 Mass. 480.
201 Mass. 299.
219 Mass. 88.
250 Mass. 368.
258 Mass. 367. 570.
262 Mass. 104.
1 Section 18. A person so injured shall, within ten days thereafter. Notice of in-
i k^ij--.ji 1- J , <• jury. Limita-
2 if such defect or want of repair is caused by or consists in part oi snow tion of action.
3 or ice, or both, and in all other cases, within thirty days thereafter, give J?"; 1,*'§ Vg'.
4 to the county, city, towTi or person by law obliged to keep said way in HH- If^
5 repair, notice of the time, place and cause of the said injury or damage; }f^^;tf 520.
6 and if the said county, city, town or person does not pay the amount ^j^j^'viii Yi.
7 thereof, he may recover the same in an action of tort if brought within 128 ivtos.'ais;
8 two years after the date of such injury or damage. Such notice shall 129'Mass. 525.
9 not be invalid or insuflacient solely by reason of any inaccuracy in stating "? Mass: 189;
10 the time, place or cause of the injury, if it is shown that there was no tl2'Mats. i78.
11 intention to mislead and that the party entitled to notice was not in fact 534.
12 misled therebv.
134 Mass. 149, 374, 507.
136 Mass. 136.
138 Mass. 74.
141 Mass. 215.
145 Mass. 549.
151 Mass. 212. 578.
152 Mass. 45, 266.
153 Mass. 514.
155 Mass. 334.
158 Mass. 279, 336.
162 Mass. 51.
164 Mass. 393.
166 Mass. 32.
167 Mass. 595.
168 Mass. 251, 556.
178 Mass. 566.
182 Mass. 117.
188 Mass. 204, 242.
197 Mass. 178.
201 Mass. 286, 348.
208 Mass. 29.
223 Mass. 173.
228 Mass. 357, 529.
230 Mass. 294, 467.
232 Mass. 451.
254 Mass. 109.
257 Mass. 414.
258 Mass. 203, 570.
259 Mass. 564.
262 Mass. 104, 309.
265 Mass. 1, .506.
268 Mass. 324.
269 Mass. 433.
272 Mass. 170.
Time.
132 Mass. 299, 324.
133 Mass. 529.
135 Mass. no.
147 Mass. 402.
182 Mass. 117.
188 Mass. 204.
265 Mass. 1.
Place.
128 Mass. 521.
130 Mass. 115.
131 Mass. 202.
132 Mass. 187, 324.
133 Mass. 526, 529.
134 Mass. 484, 507.
135 Mass. 110.
136 M.ass. 136.
138 Mass. 74. 599.
139 Mass. 91.
147 Mass. 402.
155 Mass. 595.
156 Mass. 145,
158 Mass. 279, 336.
162 Mass. 192.
177 Mass. 373.
182 Mass. 117.
219 Mass. 302.
223 Mass. 173, 286.
252 Mass. 152.
130 Mass. 161, 275, 398, 494.
131 Mass. 441,
443, 516, 551, 553.
132 Mass. 187, 324. 441.
133 Mass. 529.
134 Mass. 149.
135 Mass. 110.
136 Mass. 278, 419.
139 Mass. 235.
140 Mass. 129, 227, 422.
142 Mass. 486.
147 Mass. 402.
155 Mass. 344.
177 Mass. 373.
182 Mass. 117.
188 Mass. 204.
250 Mass. 368.
258 Mass. .570.
262 Mass. 104, 369.
265 Mass. 506.
268 Mass. 324.
273 Mass. 456.
1 Section 19. Such notice shall be in wTiting, signed by the person Service of
2 injured or by some one in his behalf, and may be given, in the case of a i877°234, § 4.
3 county, to one of the county commissioners or the county treasurer; i88i;236:^
4 in the' case of a city, to the mayor, the city clerk or treasurer; in the case r. L.fi.m.
5 of a town, to one of the selectmen or to the town clerk or treasurer. If }gl^;'22i', IV.
6 the person injured dies within the time required for giving the notice, fg^'i'vin, Vi.
7 his executor or administrator may give such notice within thirty days 129 m^^| '|25.
8 after his appointment. If by reason of physical or mental incapacity «4.j^jJ^' ^g^'
9 it is impossible for the person injured to give the notice within the time 534.
10 required, he may give it within ten days after such incapacity has been \ll lll^\ HI:
962
REPAIR OF WAYS AND BRIDGES.
[Chap. 84.
138 Mass. 74,
78.
139 Mass. 91.
144 Mass. 184.
145 Mass. 105.
150 Mass. 517.
151 Mass. 212.
167 Mass. 595.
173 Mass. 310.
188 Mass. 204.
201 Mass. 348.
204 Mass. 522.
216 Mass. 506.
223 Mass. 286.
removed, and if he dies within said ten days his executor or administrator 1 1
may give the notice within thirty days after his appointment. Any 12
form of written communication signed by the person so injured, or 1.3
by some person in his behalf, or by his executor or administrator, or by 14
some person in behalf of such executor or administrator, which con- 15
tains the information that the person was so injured, giving the time, 16
place and cause of the injury or damage, shall be considered a sufficient 17
notice. 18
228 Mass. 529.
229 Mass. 511.
230 Mass. 294, 467.
232 Mass. 451.
234 Mass. 284.
258 Mass. 203.
262 Mass. 104.
265 Mass. 506.
Correction of
defective
notices.
1894, 389.
R. L. 51, § 22.
1917,344. IV,
§28. VIII, § 1.
168 Mass. 251.
182 Mass. 117.
200 Mass. 284.
201 Mass. 273.
219 Mass. 302.
223 Mass. 286.
229 Mass. 511.
234 Mass. 284.
252 Mass. 152.
258 Mass. 570.
259 Mass. 564.
265 Mass. 506.
273 Mass. 456.
Section 20. A defendant shall not avail himself in defence of any 1
omission to state in such notice the time, place or cause of the injury 2
or damage, unless, within fi\e days after receipt of a notice, given within 3
the time required by law and by an authorized person referring to the 4
injuries sustained and claiming damages therefor, the person receiving 5
such notice, or some person in his behalf, notifies in writing the person 6
injured, his executor or administrator, or the person giving or serving 7
such notice in his behalf, that his notice is insufficient and requests 8
forthwith a written notice in comjjliance with law. If the person an- 9
thorized to give such notice, within five days after the receipt of such 10
request, gives a written notice complying with the law as to the time, 11
place and cause of the injury or damage, such notice shall have the 12
effect of the original notice, and shall be considered a part thereof. 13
Notice to owner
of private
property.
1908, 305.
1913, 324.
1922, 241.
1930,98, § 1.
208 Mass. 29,
473.
209 Mass. 552.
210 Mass. 86.
211 Mass. 298.
213 Mass. 342.
216 Mass. 506.
223 Mass. 286.
229 Mass. 174,
511.
230 Mass. 294,
467.
232 Mass. 354,
.543.
236 Mass. 165.
253 Mass. 542.
254 Mass. 109.
265 Mass. 33.
258 Mass. 368.
259 Mass. 336.
262 Mass. 104.
265 Mass. 506.
Section 21. The three preceding sections, so far as they relate to 1
notices of injuries resulting from snow or ice, shall apply to actions 2
against persons founded upon the defective condition of their premises, 3
or of adjoining ways, when caused by or consisting in part of snow or 4
ice; provided, that notice within thirty days after the injury shall be 5
sufficient, and that if by reason of physical or mental incapacity it is 6
impossible for the injured person to give the notice within thirty days 7
after the injury, he may give it within thirty days' after such incapacity 8
has been removed, and in case of his death without having been for 9
thirty days at any time after his injury of sufficient capacity to give the 10
notice, his executor or administrator may give the notice within thirty 11
days after his appointment. Such notice may be given by posting it in 12
a conspicuous place on said premises and by leaving it with any person 13
occupying the whole or any part of said premises, if there be such a per- 14
son, and no such notice shall be invalid by reason of any inaccuracy or 15
misstatement in respect to the owner's name if it appears that such error 1(5
was made in good faith and did not prevent or unreasonably delay the 17
owner from receiving actual notice of the injury and of the contention IS
that it occurred from the defective condition of his premises or of a way 19
adjoining the same. 20
Penalty for
neglect to
repair.
C. L. 12, 5 2.
1693-4, 6, § 6.
1786,81. §7.
R. S. 25. § 24.
Section 22. If a town neglects to repair any way which it is obliged
to keep in repair, or neglects to make the same reasonably safe and
convenient when encumbered with snow, it shall pay such fine as the
court may impose.
G. S. 44, § 24.
1877, 234, § 1.
P. S. 52. 5 23.
R. L. 51. § 23.
1917, 344, IV. §29,
VIII. §1.
13 Pick. .343.
103 Mass. 129.
197 Mass. 480.
Chap. 84.] repair of ways and bridges. 963
1 Section 23. A way opened and dedicated to the public use, which Dedicated waya
2 has not become a jjulilic way, sliall not, except as pro\ide(l in the two unless legaUy*
3 following sections, be chargeable upon a town as a highway or town mo^'sios. § i.
4 way unless laid out and established in the manner prescribed by statute, p.l. 4I; HI;
R. T>. 48. § 98. le'Oray, 228. 126 Mass. 540. 173 Mass. 4.55.
1917. 344. II. 5 69, 1 .Mien, 150. 128 Mass. 63. 17S Mass. 326.
VIII. 5 1. 3 Allen, 398. 131 Mass. 143. 201 Mass. 267.
19 Pick. 405. 108 Mass. 196. 135 Mass. 187. 209 Mass. 542.
4 Ciish. 332. 110 Mass. 62. 139 Mass. 336. 221 Mass. 342.
8 Cush. 195. 112 Mass. 346. 143 Mass. 521. 232 Mass. 111.
5 Gray, 73. 120 Mass. 300, 401. 150 Mass. 255. 259 Mass. 329.
7 Gray, 338. 122 Mass. 60. 151 Mass. 79. 262 Mass. 514.
12 Gray, 415.
1 Section 24. The board or officer having authority over public ways Liability for
2 in a town shall, if the public safety so requires, cause such ways to unless entrance
3 be closed where they enter upon and unite with an existing public way isSelVos,'
4 or may by other sufficient means caution the public against entering al; 43, §83.
5 thereon; otherwise the town shall be liable for damages arising from ^ l*|8,\^99.
6 defects therein as in the case of ways duly laid out and established.
1917,344.11. 112 Mass. 362. 140 Mass. 328. 201 Mass. 267.
5 70, VIII. § 1. 126 Mass. 540. 1.50 Mass. 2.55. 229 Mass. 485.
3 Allen, 398. 130 Mass. 361. 173 Mass. 455. 232 Mass. 111.
102 Mass. 489. 138 Mass. 564. 178 Mass. 326. 262 Mass. 514.
108 Mass. 196. 139 Mass. 336.
1 Section 25. If, upon the trial of an indictment or action brought Looationnot
2 to recover damages for an injury received by reason of a defect or want if repairs
3 of repair or want of sufficient railing in any way, it appears that the made. "°
4 defendant has, within six years before such injury, made repairs on §; §: ff; | ll\
5 such way, it or he shall not deny the location thereof.
p. S. 52. §25. 2 Pick. 51. 6 .Mien, 449. 112 Mass. 512.
R. L. 51,§24. 3 Piclc. 408. 101 M.iss. 193. 117 Mass. 509.
1917. 344, IV, § 30. 18 Pick. 312. 107 Mass. 232. 120 Mass. 1.
VIII, § 1. 5 Gray, 73. 110 Mass. 305. 130 Mass. 361.
5 Greenl, 368. 7 Gray, 338.
1 Section 26. If the owner of a lot abutting upon a public way in a Liability of
2 city dedicates to the public or permits it to use a portion of his land 18.53,315?^°*^'^'
3 lying between said way and a building fronting on the same, he shall as. 43, §84.
4 keep such portion in such condition as, in the opinion of the aldermen, p^^<|'|9/§96
5 the safety and convenience of the public requires; and if he, after reason- R^^l. ||^§jWO-
6 able notice given by the aldermen or the mayor, neglects or refuses to §7i'viii, §'1.
7 make the specific repairs or improvements so required, or to close the
8 same to public use by a substantial railing or guard, the aldermen may
9 put said land into such condition and assess the expense thereof upon
10 the owner; and assessments so made may be collected in the same
1 1 manner as betterment assessments.
964
REGULATIONS, ETC., RELATIVE TO WAYS AND BRIDGES. [Ch.\P. 85.
CHAPTER 85.
REGULATIONS AND BY-LAWS RELATIVE TO' WAYS AND BRIDGES.
Sect.
1.
2.
3.
3A.
3B.
4.
5.
6.
7.
8.
9.
10.
lOA.
11.
12.
13.
14.
14A.
15.
16.
17.
Direction signs, etc., cities and towns
to maintain.
Same subject. Maintenance, etc., on
state highways, etc., by department
of pubUc worlis, regulated.
Change of name of ways and parks.
Unaccepted ways, naming.
Same subject. Renaming.
Construction of sidewalks by abutter.
Remov.ll of snow from sidewalks.
Assessment of cost of removing snow.
Agreement of owner to remove snow.
Permits for signs and other structures
projecting into ways.
Not applicable to certain structures.
Regulation of use of ways for certain
purposes.
Coasting regulated.
Fast driving; arrest without warrant.
Regulation of bicycles by cities and
towns.
Use of bicycles on highways.
Terms defined.
Funeral proces-sions.
Lights on vehicles.
Driver of vehicle at night to give
name.
Penalty.
Sect.
17A. Soliciting from vehicles upon public
waj's prohibited.
18. Moving of buildings.
19. Bears and other wild animals.
20. Regulation of speed on county
bridges.
21. Regulation of speed on town bridges.
22. Regulation of speed on incorporated
bridges.
23. Regulation of speed on state ways.
24. Regulations to be posted on bridge.
25. Jurisdiction of courts over bridges.
26. Drawbridges.
27. Duties of draw tender.
28. Owner of vessel liable for injury to
bridge.
29. Removal of vessel obstructing draw.
30. Traction engines and other heav-y ve-
hicles.
31. Limitations on speed of hea\T ve-
hicles.
32. Penalties.
33. Scope of preceding sections.
34. Protection of bridges from heavy
loads.
35. Highway bridges, construction, etc.,
liability for damage to. Penalty.
Direction
signs, etc.,
cities and
towns to
maintain.
179-1, 63,
§§1,3,4.
R. S. 25, §§
31,32.
G. S. 45,
§§1,4,5.
P. S. 53, §§
4. 5.
1887, 162.
28,
Section 1. Except as otherwise provided in section two, every city 1
and town shall erect and maintain on the ways therein, except state 2
highways and ways under the control of the metropolitan district com- 3
mission, at such places as are convenient for the direction of travelers 4
and at forks or intersections of ways which lead to adjoining cities or 5
towns, direction signs, upon which shall be stated the name of the city, 6
town or place to which each such way leads, and the distance to the 7
same. 8
R. L.52, §§1-3. 1917, 344, V, §§ 1-3, VIH, § 1. 1928, 357, § 2.
Same subject.
Maintenance,
etc., on state
highways, etc.,
by department
of public works,
regulated.
1906, 234.
1928, 357, § 3.
Section 2. The department of public works, in this chapter called 1
the department, shall erect and maintain on state highways and on ways 2
leading thereto, and on all main highways between cities and towns, 3
such direction signs, warning signs or lights, curb, street or otlier traflic 4
markings, mechanical traffic signal systems and similar dexices as it 5
may deem necessary for promoting the public safety and con\cnience. 6
No such signs, lights, markings, signal systems or devices shall be erected 7
or maintained on any state highway by any authority other than said 8
department except with its written approval as to location, shape, size 9
and color thereof and except during such time as said ai)proval is in 10
effect. No rule, regulation, order, ordinance or by-law of a city or 11
town hereafter made or promulgated relative to or in connection with 12
Chap. 85.] regul.-vtions, etc., relative to ways and bridges. 965
13 such signs, lights, markings, signal systems or devices on any way within
14 its control shall take effect until approved in writing by said depart-
15 ment or be effective after said appro\-al is revoked. Said department,
1() after a public hearing and with the approval of the governor and coun-
17 cil, may from time to time make, alter, rescind or add to rules and
IS regulations to direct, govern and restrict the movement of vehicles on
19 all state highways and to carry out the purposes of section nine of chapter
20 eighty-nine on highways, including state highways, which are designated
21 thereunder by said department as through ways, with penalties for the
22 violation thereof not exceeding twenty dollars for each offence; pro-
23 vided, that nothing in this section shall be construed to give said depart-
24 ment the power to regulate the speed at which motor vehicles may be
25 operated on such public ways. The superior court shall have jurisdiction
26 in equity to enforce the provisions of this and the preceding section and
27 any rule or regulation made thereunder or to enjoin the violation thereof.
28 Said department may, after notice, revoke any approval granted under
29 this section.
1 Section 3. When the name of any public way, place or section, or change^of^
2 of any public park, is changed by the board or officer having jurisdiction and twks.
3 thereof, if the name changed has been in use for twenty-five years or igi?; 3«;
4 more, there shall be a right of appeal from such action to the depart- vin,^§ i.
5 ment. Said appeal shall be taken within thirty days after such change, i93i.394, §40.
6 and shall be by petition of at least twenty-five inhabitants of the town
7 in which such change has been made, requesting the reversal of such
8 action. Notice of the filing of such petition shall forthwith be filed by
9 the department in the office of the clerk of the town in which the change
10 has been made, and upon the filing of such petition, a public hearing
11 shall be given by said department, after such public notice as it shall
12 determine, and unless the department shall approve of such change, the
13 same shall be of no effect.
1 Section 3A. No way in any city or town which is open for public unaccepted
2 use but has not become a public way shall be given a name unless the igif^n.'""'^'
3 same is first approved by its board of survey, or, if there is no such board,
4 its board of aldermen or board of selectmen.
1 Section 3B. When any way in a city or town which is open for pub- same subject.
2 lie use but has not become a public way is known by a name, identical fg™?!'?'!!^'
3 with the name of another such way or of a public way in the same city
4 or town, or so similar thereto as, in the opinion of its board of survey, or,
5 if there is no such board, its board of aldermen or board of selectmen,
G to lead to confusion, said board, after a public hearing thereon of which
7 notice shall be given in the manner provided in section seventy-four of
8 chapter forty-one, may by order change the name of either such way
9 which has not become a public way. Said board shall cause to be placed
10 on each way, the name of which is changed hereunder, at or near each
11 point where any other way enters or unites with it, a suitable sign bear-
12 ing the name of such way as changed and stating that it is not a public
13 way, and shall cause to be filed in the registry of deeds of the district
14 in which such way is located, and also in case such way is in a city, in
15 the office of the city engineer or, in case it is in a town, in the office of
16 the town clerk, a copy of the order effecting such change signed by the
17 chairman of the board ordering the same. Nothing in this or the pre-
966
KEGULATIONS, ETC., RELATIVE TO WAYS AND BRmGES. [ChaP. 85.
ceding section, nor any action taken under and in accordance with either 18
of them, shall impose any additional liability upon any city or town. 19
Construction
of sidewalks
by abutter.
1849, 24.
G. S. 45, § 6.
P. S. 53. § 6.
R L. 52, § 4.
1917, 344,
V, § 5,
VIII, § 1.
100 Mass. 255.
121 Mass. 161.
133 Mass. 569.
264 Mass. 90.
Removal of
snow from
sidewalks.
1857,64, §§1,2.
G. S. 45, § 9.
1863, 114,
§§1.2.
1878, 89, § 1.
P. S. 53, §§7-9.
R. h. 52, § 5.
1917, 344, V.
§ 6. VIII. § 1.
16 Pick. 504.
Section 4. A person owning or occupying land adjoining a public
way in a to^vm may construct a sidewalk within such way and along the
line of such land, indicating the width of such sidewalk by trees, posts
or curbstones set at reasonable distances apart, or by a railing; and, if a
sidewalk is so constructed, whoever rides or drives a horse or team upon
and along the same shall forfeit one dollar, to be recovered by such owner
or occupant in tort. But this section shall not affect the authority of
surveyors of highways or of road commissioners, or any other authority
which can legally be exercised over ways, or diminish the liability of any
person for unreasonably obstructing ways, nor shall it apply to cities.
Section 5. Cities by ordinance and towns by by-laws may provide
for the removal of snow and ice from sidewalks within such portions of
the city or town as they consider expedient by the owner or occupant of
land abutting upon such sidewalks. Such ordinances and by-laws shall
determine the time and manner of removal and shall affix penalties, not
exceeding fifty dollars in the case of a city or ten dollars in the case of a
town, for each violation thereof.
166 Mass. 133.
1
2
3
4
5
6
7
8
9
10
1
2
3
4
Assessment of
cost of remov-
ing snow.
1902, 205, § 1.
1917, 344,
V, §7.
vni, § 1.
Agreement
of owner to
remove snow.
1902, 205, § 2.
1917, 344,
V. §8,
VIII, § 1.
Section 6. Any town which accepts this section or has accepted 1
corresponding provisions of earlier laws, may cause the snow and ice 2
to be removed from its permanent sidewalks constructed of brick, stone, 3
cement, concrete or asphalt, and may provide that the assessors may 4
assess upon the estates abutting on said sidewalks, from which snow or 5
ice has thus been removed, the whole or any part of the cost of such 6
removal ; and the provisions of chapter eighty relati\e to the abatement 7
and collection of betterments shall apply to such assessments. 8
Section 7. Any person, or the agent of any person, owning an estate 1
abutting on any sidewalk as aforesaid, may, on or before November first 2
in any year, procure the exemption of such estate from the assessment 3
aforesaid for the following year by a stipulation in writing with the select- 4
men that he will remove snow and ice from the sidewalk on which the 5
estate abuts, at such time and in such manner as the selectmen or road G
commissioners shall direct; and if he fails to fulfil his stipulation the 7
assessment above pro\ided for shall be made and collected as if no such S
stipulation had been made. 9
Permits for
signs and other
structures
projecting into
ways.
1915, 176,
§§ 1, 2.
1917, 344,
V. §§9, 10,
VIII, § 1.
Section 8. The municipal board or officer having charge of the laying 1
out of public ways may grant permits for the placing and maintaining of 2
signs, advertising devices, clocks, marquees, permanent awnings and 3
other like structures projecting into or placed on or over public ways 4
in its town, and may fix the fees therefor, not exceeding one dollar for 5
any one permit, and may make rules and regulations relating thereto, 6
and prescribe the penalties for a breach of any such rules and regulations, 7
not exceeding five dollars for each day during which any such structure 8
is placed or maintained contrary to the rules and regulations so made, 9
after five days' notice to remove the same has been gi\-en by such board 10
or officer, or by a police officer of tlic town. All such structures shall be 11
constructed, and, when attached to a building, shall be connected there- 12
Chap. 85.] regul-vtions, etc., relative to ways and bridges. 967
!:> witli, in accordance with the requirements of the inspector of buildings,
14 huililing commissioner or other board or officer having hke authority
I j in the town.
1 Section 9. The preceding section shall not apply to signs or other Not applicable
. , .1 1 • i PI J.1 .to cortain
2 structures projecting into or over the way a distance ot less than six stniituns.
3 inches, nor to poles, wires, conduits, and appurtenances of railroad, rail- liliy'; 344;
4 way, telegraph and telephone, water, gas, electric light, heat and power vin,"§'i.
5 companies.
1 Section 10. Towns mav make ordinances and by-laws to prevent Regulation of
* *i>i Bi •! 1 use 01 " sys
2 the pasturing of cattle or other animals, either with or without a keeper; for certain
,. I 11* • PI - I j_j.j_i purposes.
3 relative to the passage and driving ot sheep, swine and neat cattle; pro- isst, 82.
4 hibiting persons from riding or driving beasts of burden, carriage or ises, 31', §i.
5 draught, at a rate of speed inconsistent with public safety or convenience; }|74; lak
6 regulating the passage of street cars, or other vehicles, or the use of sleds }|^| ^^^•
7 for coasting; regulating and controlling persons who frequent public fg^jg^^ig^^ ^''"
8 places playing on hand organs, drums, trumpets or other musical instru- 1892, 390.
9 ments, upon or through any public way, and may affix penalties of not r. l'. 52,'
10 more than twenty dollars for each violation thereof. They may, by 1917, 344, v,
II ordinance or by-law, regulate the transportation of the offal of slaughtered iVcVay^M.^ ^'
12 animals upon or through any public way and affix a penalty of not more }*° Mass! Its!
13 than one hundred dollars for each violation thereof. I62 Mass. 496.
1 Section lOA. Selectmen in towns, and the aldermen or other board ^^^X't"!.
2 or officer having charge of ways in cities, may by regulation designate 1924. 296.
3 certain ways or parts of M^ays, other than state highways, upon which
4 and the hours during which coasting may be permitted and may in like
5 manner regulate the use of such ways by vehicles during such hours.
1 Section 11. Whoever violates an ordinance or by-law prohibiting Fast driving;
2 persons from riding or driving at a rate of speed inconsistent with public warrant.
3 safety or convenience may be arrested without a warrant by an officer p.'s.'ss.'i 14.
4 authorized to make arrests and kept in custody not more than twenty- fg^- 144_^ ^•
5 four hours, Sunday excepted; and within such time he shall be brought vinJti.
6 before a proper magistrate and proceeded against according to law.
1 Section 12. No ordinance, by-law or regulation relative to the use Regulation of
2 of bicycles or tricycles shall be made by a city or town, except that the d'tlesand^
3 city council or selectmen may by general regulations authorize the use isgT.^vg,
4 of velocipedes or similar machines by children on the sidewalks of a ^ f; 50, §9.
5 public way, square or park; but the mayor of a city or the selectmen of ^^'[•j^*''-
6 a town may, in their discretion, upon special occasions and subject to v'ni, §'i.
7 reasonable conditions, grant permits to persons to ride bicycles or tri- iss. '
8 cycles during a specified time and upon specified portions of the public
9 ways at any rate of speed.
1 Section 13. Whoever, without such a permit, rides a bicycle in or Use of
2 upon a public way, square or park or land or driveway appurtenant to highways.
3 a public reservoir, at a rate of speed exceeding ten miles an hour, or §5'i.'4. '
4 rides it in or upon any such place without a suitable alarm bell adapted Jj^^f; ^||-
5 for use by the rider or, during the period from one half hour after sunset fJjiP'g^^; y_
6 to one half hour before sunrise, without a light attached to the bicycle l-'^lf^f
7 visible from the front and rear, or rides it on a sidewalk, shall be pun- 1921,' 377.
968
REGULATIONS, ETC., RELATIVE TO WAYS AND BRIDGES. [ChAP. 85.
ished by a fine of not more than twenty dollars, and shall be further 8
liable for all damages occasioned to any persons thereby ; provided that 9
proceedings for the enforcement of such penalty shall be commenced 10
not later than sixty days after the offence is committed. 11
Terms
defined.
1894, 479,
1900, 312
R. L. 52,
1917, 344,
V, § 17,
VIII, 5 1.
Section 14. The term "sidewalk", as used in the two preceding 1
5 2- sections, shall mean a sidewalk laid out as such by a city, town or dis- 2
§ 12. trict, and any walk which is reserved by custom or specially prepared for 3
the use of pedestrians. It shall not include crosswalks, or footpaths on 4
ways lying outside of the thickly settled parts of cities and towns which 5
are worn only by travel and are not improved by such cities or towns 6
or by abutters. The terms "bicycle" and "tricycle", as used in said 7
sections, shall include all vehicles propelled by foot or hand power of 8
the person riding them. The terms "park" and "square", as used in 9
said sections, shall not include any spaces under the control of park 10
commissioners, or of a park board or a park department of a city or town 1 1
having power to make regulations relative to such spaces, and the said 12
sections shall not abridge the powers of such commissioners, board or 1.3
department, except that they or it shall make no regulations requiring the 14
display of a lamp or lantern upon a bicycle, and such regulation when- 15
ever made shall be void. 16
Funeral
processions.
1929, 347.
Section 14A. A funeral procession of not more than ten vehicles 1
shall have the right, except on Sundays and legal holidays, to use any 2
parkway, boulevard or other public way to the same extent and subject 3
to the same regulations and restrictions as vehicles commonly known as 4
pleasure vehicles. 5
Lights on
vehicles.
1911, 578,
§§1,2.
1914, 182.
1910, 30.
1917, 183; 344,
V, §§ 18, 19,
VIII, § 1.
1931,394, §41.
232 Mass. 344.
265 Mass. 74.
[Penalty. § 17.)
Section 15. Every vehicle, whether stationary or in motion, on 1
any public way, shall have attached to it a light or lights which shall be 2
so displayed as to be visible from the front and the rear during the 3
period from one half an hour after sunset to one half an hour before 4
sunrise; provided, that this section shall not apply to any vehicle which 5
is designed to be propelled by hand, or to any vehicle designed for the 6
transportation, as its principal freight, of hay or straw while loaded with 7
such freight, and that upon the written application of the owner of a 8
vehicle and the presentation of reasons therefor the department may, in 9
writing, in such form and subject to such requirements as it may elect, 10
and ^\^thout expense to the applicant, exempt said vehicle from the 11
provisions of this section for such period of time as said department may 12
elect. 13
TChideat Section 16. Every person shall while driving or in charge of or occu-
night to give pying a vehicle during the period from one hour after sunset to one hour
1911, 578, § 3. before sunrise, when requested bv a police officer, give his true name and
1917, 344, V, , , ^ - 1 ' o
§ 20, via, § 1. address.
[Penalty, § 17.)
Penalty.
1911, 578,
§§4-6.
1917, 344,
v. §§ 21-23,
VIII, I 1.
Section 17. Whoever violates any of the provisions of the two preced- 1
ing sections shall be punished by a fine of not more tliiin fi\e dollars. 2
The driver or custodian of a veliicle shall be deemed to be the party re- 3
sponsible therefor and shall be liable to the foregoing penalty. The two 4
preceding sections shall not apply to motor vehicles. 5
Chap. 85.] regulations, etc., relative to ways and bridges. 969
1 Section 17A. Whoever, for the purpose of soliciting any alms, con- Soliciting from
2 tribution or subscription or of selling any merchandise, except newspapers, pubiL'^wBya"
prohibited.
l!):ill. i:i9.
1931, 273.
3 or ticket of admission to any game, show, exhibition, fair, ball, enter-
4 tainment or public gathering, signals a moving vehicle on any public
5 way or causes the stopping of a ^■ehicle thereon, or accosts any occupant
6 of a vehicle stopped thereon at the direction of a police officer or signal
7 man, or of a signal or device for regulating traffic, shall be punished by
8 a fine of not more than fifty dollars.
1 Section 18. No person shall move a building in a public way without ^^^j^'^f
2 written permission from the selectmen or road commissioners, to be isto.su §i.
3 granted upon such terms as in their opinion the public safety may re- r. l.'ss. § li
4 quire; and the superior court shall have jurisdiction in equity to enforce §24,'viii', §'i.
5 this section.
200 Mass. 101, 175.
1 Section 19. Whoever leads or drives a bear or other dangerous wild o4*"^d
2 animal or causes it to travel upon or be conveyed over a public way ^gi,'5"'l'^Qg
3 unless properly secured in some covered vehicle or cage shall be punished « i^3_^ '
4 by a fine of not less than five nor more than twenty dollars. Any such §5 le, {7.
5 animal which is found upon a public way not so secured or caged may v, §§25,26,
6 be killed by a sheriff", constable or police officer. ^"'' ^ ^■
1 Section 20. The county commissioners may establish by-laws regu- RoEuiaUon
2 lating the speed at which persons may ride or drive over any bridge in county bridges.
3 their county which has cost not less than one thousand dollars and which r.-s.' 25.' § 44.
4 was constructed or is maintained in whole or in part by said county, T'.s.ss.lit
5 except bridges controlled by the commonwealth, and may affix penalties ||||' l^f 5 1-
6 not exceeding two dollars for a breach thereof.
R. L. 52, § IS. 1917, 344, V, § 27, VIII, § 1.
1 Section 21. A town may establish ordinances or by-laws to pro- Regulation of
2 hibit persons from riding or driving horses at a rate faster than a walk bridges.
3 over any bridge within its limits which has cost not less than five hun- r."s! 25,' § 45.
4 dred dollars, and may affix penalties not exceeding one dollar for a p; |; If; | }|:
5 breach thereof.
R. L. 52, 5 19. 1917, 344, V, § 28, VIII, § 1.
1 Section 22. The proprietors of an incorporated bridge may make Regulation of
2 by-laws to prohibit persons from riding or driving horses over such bridge cOTporated '
3 at a rate faster than a walk; and may affix penalties not exceeding two \aiuioi.
4 dollars for each oft'ence, to be recovered to the use of the corporation. q; |; ll] 1 13;
p. S. 53, 5 20. 1917, 344, V, § 29, VIII, § 1.
R. L. 52, § 20. 7 Gray, 457.
1 Section 23. The governor, with the advice and consent of the coun- Regulation ot
2 cil, may make by-laws for the regulation of travel on ways belonging to state ways.
3 the commonwealth. Whoever violates any such by-law shall be pun- 5§^i%^.^^'
4 ished by a fine of not more than fifty dollars.
p. S. 53, §§ 22, 23. R. L. 52, §21. 1917, 344, V, § 30, VIII, § 1.
1 Section 24. No person shall be liable to penalty under the four pre- Regulations to
2 ceding sections for violation of a by-law relating to traAcl on a bridge, bridge.
3 unless a white board containing in black letters the substance of said ism] ss, § 2.
4 by-law is kept posted in a conspicuous place at each end of the bridge. f^ 46,^47.
G. S. 45, § 14. 1882, 108, § 3. 1917, 344, V, | 31,
p. S. 53, § 21. R. L. 52, § 22. VIII, § 1.
970
REGULATIONS, ETC., RELATIVE TO WAYS AND BRIDGES. [ChAP. 85.
Section 25. District courts and trial justices, in the towns in which
Jurisdiction
of courts over
wlf^rsi, § 4. the bridge terminates, shall have jurisdiction of complaints for the
p. s. 63, § 27. violation, on such bridges, of the five preceding sections.
1S82, 108, § 2. R. L. 52, § 25. 1917, 344, V, § 32, VIII, § 1.
Drawbridges.
1876, 122, § 1.
P. S. S3, § 28.
R. L. 52. § 26.
1917, 344,
V, § 33.
VIII, §1.
1931, 394. § 42.
4 Op. A. G.
592.
Section 2fi. The department, county commissioners or any city or 1
town in which a draw for the passage of vessels through a bridge used 2
as a way and maintained at the public expense is situated, whichever 3
has control of said bridge, may make ordinances or by-laws regulating 4
the passage of vessels through such draw, not inconsistent with the regu- 5
lations of the United States on tide water bridges, and may affix penalties 6
not exceeding fifty dollars for each violation thereof; but no such ordi- 7
nance or by-law shall take effect until approved by the department. 8
Section 27. When such ordinances or by-laws have been approved,
the department, county commissioners or the city or town shall place
said draw under the direction of a suitable draw tender, and shall post
a copy of such ordinances or by-laws in some conspicuous place near by.
Such draw tender shall have full control of the passing of vessels through
the draw, shall furnish all facilities for such passing, shall allow no
i^ip A ^G^ *^' detention, having due regard for the public travel, and shall enforce the
340. ordinances or by-laws aforesaid.
Duties of
draw tender.
1876, 122,
§§2,3.
P. S. 53,
§§29,30.
R. L. 52,
§§27,28.
1917, 344,
V, §§34. 35,
VIII, § 1.
Owner of
vessel liable
for injury to
bridge.
1816, 122, § 2.
1876, 122, § 4.
P. S. 53, §31.
R. L. 62, § 29.
1917, 344, V.
§ 36, VIII, §1.
Section 28. If a vessel, through the negligence of the persons having 1
it in charge, or through their neglect to comply with such ordinances or 2
by-laws, or disregard of the directions of such draw tender, injures a 3
bridge or draw, or a pier or wharf connected therewith, the owner of such 4
vessel shall be liable to the individual or body politic or corporate having 5
control of said bridge, for the damage, to be recovered in tort. 6
Removal of
vessel obstruct-
ing draw.
1876, 122, § 5.
P. S. 63, § 32.
R. L. 52, § 30.
1917, 344,
V, § 37,
VIII, § 1.
Section 29. Such draw tender may remove a vessel which obstructs 1
such draw, or interferes with the passage of other vessels tlirough the 2
same, or is made fast, without his consent, to such draw or bridge or to 3
a jiier or wharf connected therewith, or the persons in charge of which 4
wilfully violate any such ordinance or by-law; and the expense of such 5
removal may be recovered by the commonwealth, county, city or town. 6
Traction
engines and
other heavy
vehicles.
1913, 803,
§§1,3.
1917, 344,
V, §§ 39, 41,
VIII, § 1.
1918, 116,
§§1,3.
1922, .526.
1925, 180, § 2;
342, § 2.
1930, 353, § 1.
1931, 138, 5 1.
273 Mass. 537.
[Penalty, § 32.]
Section 30. No vehicle shall travel or object be moved, on any public 1
way, which has any device attached to or made a part of its wheels or the 2
rollers or other supports on which it rests, which will injure the surface of 3
the way; nor shall any vehicle travel or object be moved, on any public 4
way, which weighs more than fourteen, or, in case of a vehicle equipped 5
with pneumatic tires, more tiian fifteen, or, in case of a semi-trailer unit, 6
whether or not so equipped, more than twenty, tons, without a permit 7
from the board or officer having charge of such way, or, in case of a way 8
determined by the department of public works to be a through route, 9
from the commissioner of public works; provided, that a veiiicle ha\ing 10
three axles, of a type other than a semi-trailer unit, when operateil on sucii 1 1
through routes, may weigh more than fourteen, or, in case of such a 12
vehicle equipped witli pneumatic tires, more than fifteen, tons, but not 13
more tlian twenty tons except when operated under a permit from said 14
commissioner. No veiiicle sliall tra\ el or ol)ject be inoNcd on any jMiblic 15
way, outside of the metropolitan parks or sewerage districts, tiie weight IG
of which resting on the surface of such way exceeds eight hundred pounds 17
Chap. 85.] regul.\tions, etc., RELAxrvE to ways and bridges. 971
18 upon any inch of the tire, roller or other support, without such a permit.
19 Such a permit may limit the time within which it shall be in force and the
20 ways which may be used and may contain any provisions or conditions
21 necessary for the protection of such ways from injury. If, in the opinion
22 of the board or officer ha\ing charge of any public way, the travel or
2'.] moving thereon at any season of the year of any vehicle or object which
24 weighs more than ten thousand pounds would cause injury to such way
25 more serious than the ordinary wear and tear which the type of construc-
26 tion of such way is designed to withstand, such board or officer may by
27 regulation prohibit such vehicle or object from passing over such way
28 during such season without a permit therefor. All such regulations shall,
29 when affecting ways which are determined by the department of public
30 works to be through routes, be subject to the approval of such depart-
31 ment. Such regulations shall be published and shall take effect as pro-
32 vided in case of rules and orders under section twenty-two of chapter
33 forty and shall be posted in a conspicuous place at both ends of the part
34 of said way from which traffic is prohibited thereby. Any person driving,
35 operating or moving a vehicle or object in violation of this section or of
36 any regulation adopted hereunder, or the owner thereof, shall be liable
37 in tort to the body politic or corporate having charge of the way for any
38 injury to the way thereby caused. All the aforesaid limitations as to
39 weight shall be inclusive of the load.
1 Section 31. No traction engine, with or without trailers, and no Limitations on
2 motor truck which with its load weighs more than four tons shall be op- tehici°s.
3 erated upon any public way at a speed greater than fifteen miles an Hu] fil]
4 hour; and no vehicle which with its load weighs more than four tons vin,"'§i.
5 shall travel upon any such way at a speed greater than four miles an i^^S' n*^' ^ 2-
6 hour when equipped with metallic tires, nor greater than twelve miles P^^^'^y. § 32.1
7 an hour when equipped with tires of rubber or other similar substance.
8 The board or officer having cliarge of any bridge may make regulations
9 prohibiting any vehicle to which this or the preceding section applies
10 from passing over such bridge at a speed greater than six miles an hour,
1 1 which shall be in force if conspicuously posted at each end of such bridge
12 with a statement of the load capacity of such bridge.
1 Section 32. Any person violating any provision of the two preced- f ^l^'gol, 5 4.
2 ing sections or the regulations made or permits granted under authority ^P^j^'^?,^-*'
3 thereof shall be punished by a fine of not more than one hundred dollars, viii, i'l.
4 to be paid to the commonwealth when state highways are injured, and
5 to the county, city or town when any public way is injured which is
6 under the care of said county, city- or town, for use on the public ways
7 of said county, city or town.
1 Section 33. Nothing in the three preceding sections shall affect the Scope of
2 liability of the commonwealth or of any county, city or town to pay for sections.
6 any damage or injury to any person or property.
1917, 344, V. § 43, VIII, § 1.
1 Section 34. Except as otherwise provided in the following section, Protection of
2 the department, person or local authorities having control of any bridge heavy loads.
3 on any road may maintain notices at each end of such bridge legible at a 192,3', sis. § 1.
4 distance of fifty feet, stating the maximum weight of vehicle with load ^^^'' ^^*' ^ **'
5 which the bridge will safely carry to be six tons or over.
972 REGULATIONS, ETC., RELATIVE TO WAYS AND BRIDGES. [ChAP. 85.
brSgls^^con- Section 35. No bridge on a public highway having a span in excess 1
struction etc., of ten fect, except a bridge constructed under the provisions of chapter 2
damage tS. one hundred and fifty-nine, shall be constructed or reconstructed by any 3
19M. 3^13, § 2. county or town except in accordance with plans and specifications there- 4
1931, 394, § 45. j.^^ approvcd by the department. Said department shall approve or alter 5
to meet its approval all such plans submitted to it and shall determine 6
the maximum load which any such bridge may safely carry, and the de- 7
partment or the local authorities having control of such bridge may 8
maintain notices at each end thereof, legible at a distance of fifty feet, 9
stating the maximum Weight of vehicle with load which the bridge will 10
safely carry. The owner of a vehicle operated on any bridge posted under 1 1
this or the preceding section shall be responsible for all damage resulting 12
thereto if the weight of the vehicle and load exceeds the maximum load 13
as posted under this or the preceding section, as the case may be, and the 14
amount of the damage may be reco\-ered in an action at law by the person 15
or authorities charged with the maintenance of the bridge. Any person 16
operating a vehicle, the weight of which with its load exceeds the max- 17
imum weight as posted under this or the preceding section, that causes 18
damage to a bridge so posted shall be punished by a fine of not more 19
than two hundred dollars. 20
Chap. S6.]
BOUNDARIES OF HIGHWAYS, ETC.
973
CHAPTER 86
BOUNDARIES OF HIGHWAYS AND OTHER PUBLIC PLACES, AND
ENCROACHMENTS THEREON.
Sect.
1. Erection of monuments.
2. Fences taken as boundaries when true
boundaries unknown.
3. Encroachment on public ways not vali-
dated by prescription.
Sect.
4. Sale of materials removed.
5. Removal of gates and bars.
6. Barbed wire fences.
7. Removal of unused structures.
1 Section 1. The county commissioners, aldermen, selectmen or road Erection of
. . in ,11 11 • . monuments.
2 commissioners sliall cause permanent bounds to be erected at the termini isw, 192.
3 and angles of all ways laid out by them. Such bounds shall be of stone, isiw! 132. 5 .3.
4 Portland cement or concrete not less than three feet long, two feet of p. I. Il; § 9I
5 which at least shall be set in the ground, or of stone not less than three Hii2,l4.' ^ ^^^'
6 feet long with holes drilled therein and filled with lead placed a few s'yJ'vni'Vi
7 inches below the traveled part of the way, or if stone, Portland cement I Cush. 394.
o 1 1 • -11 I i> !•• 7 Gray, 4b5.
8 or concrete bounds are impracticable, a heap or stones, a living tree, a iss Mass. i89.
9 permanent rock, or the corner of a building, or such other permanent
10 bounds as said officers may determine. If they neglect to establish
1 1 such monuments after being notified so to do by an owner of land abut-
12 ting on such way, the county or city, if it is a highway, or the town if it
13 is a town way, shall forfeit to him fifty dollars for each month during
14 which such neglect continues.
1 Section 2. If buildings or fences have been erected and continued ag'"bMn*da''rira
2 for more than twenty years, fronting upon or against a highway, town when true
3 way, private way, training field, burying place, landing place, street, unknown.
4 lane or alley, or other land appropriated for the general use or conven- nsereV, '§ 7. '
5 ience of the inhabitants of the commonwealth, or of a county, city, town g'1.46', lu'
6 or parish, and from the length of time or otherwise the boundaries r.l.m.U;
7 thereof are not known and cannot be made certain by the records or by fi^iu'^i'
8 monuments, such buildings or fences shall be taken to be the true j/tK^m
9 boundaries thereof.
8 Met. 578.
13 Met. 115.
11 Gush. 487.
4 Gray, 215.
15 Gray, 573.
3 Allen, 349.
6 Allen, 20.
8 Allen, 473.
100 Mass. 159.
107 Mass. 234.
110 Mass. 527.
113 Mass. 411.
138 Mass. 8.
148 Mass. 309.
181 .Mass. .W7.
189 Mass. 308.
190 Mass. 323.
195 Mass. 299.
206 Mass. 513.
220 Mass. 569.
239 Mass. 127.
268 Mass. 162.
1 Section 3. If the boundaries of a public way are known or can be Encroachment
2 made certain by records or monuments, no length of possession, or occu- not^vaiidateY^
3 pancy of land within the limits thereof, by the owner or occupant of ad- m?"!!",''!!?"'
4 joining land shall give him any title thereto, unless it has been acquired les^Mass. i62.
5 prior to INIay twenty-si.xth, nineteen hundred and seventeen, and any
6 fences, buildings or other obstructions encroaching upon such way shall,
7 upon written notice from the county commissioners or board or oflicer
8 having authority over ways in towns, be forthwith removed by the
9 owner or occupant of adjoining land, and if not so removed said com-
10 missioners, board or officer may cause the same to be removed upon said
11 adjoining land.
974
BOUNDARIES OF HIGHWAYS, ETC.
[Chap. 86.
Sale of ma-
terials removed.
1786, SI, § 6.
R. S. 24, § fiS.
G. S. 46. § 3.
P. S. 54, § 3.
R. L. 53, § 2.
1917, 344,
VI, § 2,
VIII, § 1.
Section 4. If such building, fence or other encumbrance is ad-
judged a nuisance and ordered to be abated, the materials may be sold
at auction and the proceeds applied to the payment of the expenses of
the prosecution and removal, and, if insufficient, the court may order
the remainder to be raised and levied upon the property of the defendant.
8 Met. 578.
Removal of
gates and bars.
C. L. 65, § 3.
1693-4, 6, § 5.
1786, 81, S 6.
R. S. 25, §§ 27.
43.
G.S.46, §
P. S. 54, §
R, L. 53, '
1917, 344,
VI, § 3,
VIII, § 1.
10 Mass. 71.
8 Allen, 473.
130 Mass. 113,
4,5.
4,5.
3.
Section 5. Any person may remove gates, rails, bars or fences
which are upon or across a public or private way legally laid out, unless
they have been placed there to prevent the spread of disease dangerous
to the public health, or unless they have been erected or continued by
the license of the county commissioners or of the selectmen or road com-
missioners or of the person for whose use such private way was laid out.
A person aggrieved by such removal may apply to the county commis-
selectmen or road commissioners, respectively, and if upon ex-
sioners.
amination it appears that such gates, rails, bars or fences were erected
or continued by such license, they shall order them replaced.
1
2
3
4
5
6
7
8
9
10
Barbed wire
fences.
1884, 272.
R. L. 53, § 4.
1917, 344,
VI, § 4.
VIII, § 1.
Removal of
unused struc-
tures.
1889, 398.
R. L. 63, § 5.
Section 6. Whoever builds or maintains a barbed wire fence within 1
six feet of the ground along a sidewalk located on a public way shall be 2
punished by a fine of not less than twenty nor more than fifty dollars. 3
173 Mass. 429.
Section 7. The aldermen or selectmen may cause the removal from 1
public ways and places of unused poles, wires, structures or other ap- 2
pliances, at the expense of the owners thereof. 3
1917, 344, VI, § 5, VIII, § 1. 153 Mass. 200.
Chap. 87.]
SHADE TREES.
975
CHAPTER 87.
SHADE TREES.
Sect.
1. Public shade trees defined.
2. Powers of tree wardens.
3. Cutting of pulDlic shade trees. Hearing.
4. Approval of mayor or selectmen re-
quired if objection made.
5. Cutting down bushes and small trees.
Trimming trees, etc., that obstruct
travel.
Sect.
6. Penalty.
7. Planting of sh.ade trees.
8. Trees on state highways.
9. .Signs and marks on shade trees.
10. Injury to trees on state highways.
11. Injury to trees of another person.
12. Injury to shrubs, trees and fixtures.
13. Duties of tree wardens in cities.
1 Section 1. All trees within a public way or on the boundaries Public shade
2 thereof shall be public shade trees; and when it appears in any pro- isw. sVsi.
3 ceeding in which the ownership of or rights in a tree are material to the fgos, fnii,^'!.'
4 issue, that, from length of time or otherwise, the boundaries of the j|!}°; 'HI-
5 highway cannot be made certain by records or monuments, and that for l^j-j^j'^^g ggj,
6 that reason it is doubtful whether the tree is within the highway, it shall 273 Mass.' 483.'
7 be taken to be within the highway and to be public property until the
8 contrary is shown.
1 Section 2. The tree warden of a town may appoint and remove Powers of tree
2 deputy tree wardens. He and they shall receive such compensation as r,su('i,"^i9b,
3 the town determines or, in default thereof, as the selectmen allow. He is97, 428, § 1.
4 shall have the care and control of all public shade trees, shrubs and '^ff;!^"'
5 growths in the town, except those within a state highway, and those in R-^- wh^^t
6 public parks or open places under the jurisdiction of the park coinmis- jflio: 321!
7 sioners, and shall have care and control of the latter, if so requested s's 2,' is.
8 in writing by the park commissioners, and shall enforce all the provisions "
9 of law for the preservation of such trees, shrubs and growths. He shall
10 expend all money appropriated for the setting out and maintenance of
11 such trees, shrubs and growths, and no tree shall be planted within a
12 public way without the approval of the tree warden, and in towns until
13 a location therefor has been obtained from the selectmen or road com-
14 missioners. He may make regulations for the care and preservation of
15 public shade trees and establish fines and forfeitures of not more than
16 twenty dollars in any one case for violation thereof; which, when posted
17 in one or more public places, and, in towns, when approved by the select-
18 men, shall have the effect of town by-laws.
of
hade
1 Section 3. Except as provided by section five, public shade trees <^^*fi^f, _^
2 shall not be cut, trimmed or removed, in whole or in part, by any person tr^s .^Hearing.
3 other than the tree warden or his deputy, even if he be the owner of the p. s.'54,"§§ 16,
4 fee in the land on which such tree is situated, except upon a permit in J^ge. i9o, § 3.
5 writing from said tree warden, nor shall they be cut down or removed by \lll_ |p; | J;
6 the tree warden or his deputy or other person without a public hearing R-^jL. o3^§ i3.
7 at a suitable time and place, after notice thereof posted in two or more ||j3' *;jg]
8 public places in the town and upon the tree at least seven days before §5^3^i3^J ^g^
9 such hearing, and after authority granted by the tree warden therefor. 2b5 mIss. es. '
10 Any person injured in his property by the action of the officers in charge ^73 Mais! 483.'
11 of the public shade trees as to tlie trimming, cutting, removal or retention
976
SHADE TREES.
[Chap. 87.
of any such tree, or as to the amount awarded to him for the same, may 12
recover the damages, if any, which he has sustained, from the town 13
under chapter seventy-nine. 14
[Penalty. § 6.]
Approval of
mayor or select-
men required
if objection
made.
1915, 145, I 4.
[Penalty, § 6.]
Section 4. Tree wardens shall not cut down or remove or grant a
permit for the cutting down or removal of a public shade tree if, at or
before a public hearing as pro^'ided in the preceding section, objection in
writing is made by one or more persons, unless such cutting or removal
or permit to cut or remove is approved by the selectmen or by the
mayor.
Cutting down
bushes and
small trees.
Trimming
trees, etc., that
obstruct travel.
1915, 145, § 5.
222 Mass. 22.
235 Mass. 515.
269 Mass. 202.
[Penalty, § 6.|
Section 5. Tree wardens and their deputies, but no other person, 1
may, without a hearing, trim, cut down or remove trees, less than one 2
and one half inches in diameter one foot from the ground, and bushes, 3
standing in public ways; and, if ordered by the mayor, selectmen, road 4
commissioners or highway surveyor, shall trim or cut down trees and 5
bushes, if the same shall be deemed to obstruct, endanger, hinder or 6
incommode persons traveling thereon. Nothing contained in this chap- 7
ter shall prevent the trimming, cutting or removal of any tree which 8
endangers persons traveling on a highway, or the remoAal of any tree, 9
if so ordered by the proper officers, for the purpose of widening the 10
highway, and nothing herein contained shall interfere with gypsy and 11
brown tail moth suppression, as carried on under the direction of the 12
state forester and the United States department of agriculture, except so 13
much as relates to the cutting and removal of trees, shrubs and growths 14
that are one and one half inches or more in diameter one foot from the 15
ground. 1(5
Penalty.
1915, 145, § 6,
Section 6. Violations of any provision of the three preceding sec- 1
tions shall be punished by forfeiture of not more than five hundred dollars 2
to the use of the city or town. 3
Planting of
shade trees.
1915, 145, I 7.
Section 7. Towns may appropriate money to be expended by the
tree warden in planting shade trees in the public ways, or, if he deems
it expedient, upon adjoining land, at a distance not exceeding twenty
feet from said public ways, for the purpose of improving, protecting,
shading or ornamenting the same; provided, that the written consent
of the owner of such adjoining land shall first be obtained.
Tr^^on^ state SECTION 8. The department of public works, in this chapter called
}b.^- Vnt f }■ the department, shall have the care and control of all trees, shrubs and
1908, ^97, g 1. , . 1 - 1 • 1 1 • 1 J.
1915, 145, growths within state highways, and may trim, cut or remove such trees,
1931, 394, § 46. shrubs and growths, or license the trimming, cutting or removal thereof.
No such tree, shrub or other growtii shall be trimmed, cut or removed by
any person other than an agent or employee of the department, even if
he be the owner of the fee in the land on which such tree, shrub or growth
Any
is situated, except upon a permit in writing from the department,
person injured in his property by the action of the department as to the
trimming, cutting, removal or retention of any such tree, shrub or other
growth, may recover the damages, if any, which he has sustained, from 11
the commonwealth under chapter seventy-nine. 12
1
2
3
4
5
6
7
8
9
10
Chap. 87.] shade trees. 977
1 Section 9. Whoever affixes to a tree in a public way or place a signs and
2 notice, sign, advertisement or other thing, whether in writing or other- J?ecs^ °° ^^"'^^
3 wise, or cuts, paints or marks such tree, except for the purpose of pro- JIgl; 330
4 tecting it or the public and under a written permit from the officer having ^ s, 8^^
.5 the charge of such trees in a city or from the tree warden in a town, or iso?. 279, § 2.
6 from the department in the case of a state highway, shall be punished §§9,' 13. '
7 by a fine of not more than fifty dollars. Tree wardens shall enforce the
8 provisions of this section ; but if a tree warden fails to act in the case of
9 a state highway within thirty days after the receipt by him of a com-
10 plaint in writing from the department, the department may proceed
1 1 to enforce this section.
1 Section 10. Whoever without authority trims, cuts down or removes injury to trees
2 a tree, shrub or growth, within a state highway or maliciously injures, w" ys^'^ ^^^^'
3 defaces or destroys any such tree, shrub or growth shall be punished by jggg; 99?; 1 1;
4 imprisonment for not more than six months, or by a fine of not more Ij^'oYI'
5 than five hundred dollars to the use of the commonwealth.
1 Section 11. Whoever wilfully, maliciously or wantonly cuts, de- injury to trees
2 stroys or injures a tree, shrub or growth which is not his own, standing per^n!''"
3 for any useful purpose, shall be punished by imprisonment for not more \%l[ IsJ^i,
4 than six months or by a fine of not more than five hundred dollars. ^^^^- ^^■
R. S. 126, § 42. P. S. 203, § 95. 1902, 544, § 30.
G. S. 161, § 82. R. L. 208, § 100. 1915, 145, § 11.
1868, 321.
1 Section 12. Whoever wantonly injures, defaces or destroys a shrub, injury to
2 plant or tree, or fixture of ornament or utility, in a public way or place Ind'fixture's^
3 or in any public enclosure, or negligently or wilfully suffers an animal Jf ^f fe'^'gV^'
4 driven by or for him or belonging to him to injure, deface or destroy ^39^9 ^330^'
5 such shrub', plant, tree or fi.xture, shall be pimished by a fine of not more §§ e,'?.
6 than five hundred dollars, and shall in addition thereto be liable to the §§ 161, 162.
7 town or any person for all damages to its or his interest in said shrub, §§°3\^^.'
8 plant, tree or fixture caused by such act. Whoever by any other means H^fi^tt
9 negligently or wilfully injures, defaces or destroys such a shrub, plant, ^^^®' ■''^•
10 tree or fi.xture shall likewise be liable to the town or any person for all
11 damages to its or his interest in said shrub, plant, tree or fixture caused
12 by such act.
1 Section 13. The powers and duties conferred and imposed upon Duties of tree
2 tree wardens in towns by this chapter shall be exercised and performed dUel!'^ '"
3 in cities by the officers charged with the care of shade trees within the \l\°' Hf ^ '•
4 limits of the highway. SH.'is. '
222 Mass. 22.
978
FEKRIES.
[Chap. 88.
CHAPTER 88
FERRIES, CANALS AND PUBLIC LANDINGS.
Sect.
FERRIES.
1. Ferryman to be licensed.
2. Establishment of tolls.
3. Safe boats to be kept. Penalty.
4. Remedy for damage by default of
ferryman.
5. Penalty for keeping ferry without a
license.
6. Maintenance of ferry by towns.
7. Apportionment of expense.
8. Penalty for neglect to maintain ferry.
CANALS.
9. Certificate of character of load.
10. Penalty for false statement.
Sect.
11. Examination of load.
12. Fencing dangerous canals.
13. Fencing, if order not complied with.
Penalty.
LANDING places.
14. Laying out and alteration. Structures
upon.
15. Laying out by county commissioners.
16. Ascertainment of boundaries.
17. Discontinuance.
18. Recognizance for costs.
19. Rules and regulations.
FERRIES.
brHce"sed*° SECTION 1. The county commissioners may license for such time
iB94-5.^i6, §1. as they determine any suitable person to keep a ferry for hire, and may
R.s.'26,'§§i.2. revoke such license when necessary. Each ferryman shall give to the
p.s..55,'§§ i!2; state treasurer a bond with sufBcient sureties for the faithful performance
R. L. 5.5, § 1. J. 1 • 1 ,
23 Pick. 212. ot his duty.
123 Mas3. 460.
4 Op. A. G. 422.
of^toHs^'""^"' Section 2. The commissioners shall establish at each ferry the fares
1694-5 16 5 1. or tolls for passengers, horses, vehicles and other things there trans-
§ 1. ' ' ported, having regard to the length and situation of the ferry and to
1796742. § 1. the number of persons using the same. This and the preceding section
G I' It', 1 1' shall not apply to ferries established by law prior to April thirtieth,
p. S. 55,' § 2.
R. L. 55, § 2.
eighteen hundred and thirty-six.
Safe boats to
be kept.
Penalty.
1694-5, 16, § 1.
1759-60, 21,
§ 1.
1764-5, 31.
1796. 42, § 2,
R. S. 26,
§§3,4.
G. S. 47, § 3.
Section 3. Each ferryman shall keep sufficient and safe boats in 1
good repair and shall give ready attendance on passengers on all oc- 2
casions according to the regulations established for his ferry. If he 3
neglects to keep such boats or to give such attendance, he shall forfeit 4
not more than twenty dollars, and be liable for all damages caused 5
thereby. 6
p. S. 55, § 3. R. L. 55, § 3.
Remedy for
damage by
default of
ferryman.
R. S. 26, § 5.
G. S. 47, §4.
P. S. 55, § 4.
Section 4. Whoever suffers damage by the negligence or default of
a ferryman may recover the same by an action upon his bond; whicli
may be prosecuted as an action brought on the bond of a sheriff is
prosecuted.
R. L. 55, § 4. 8 Gray, 547.
Penalty for
keepinK ferry
without a
license.
1726-7, 14.
1796, 42, § 3.
R. S. 26, § 6.
Section 5. Whoever without license keeps a ferry and demands or
receives pay or toll therefor shall forfeit not more than five dollars for
each day during which he keei)s such ferry, and shall be liable for all
damages caused thereby to any piTson authorized to keep a ferry.
G. S. 47, § 5. p. S. 55, § 5. K. L. 55, § 5.
Chap. 88.] canals. 979
1 Section 6. If the commissioners determine that it is necessary to Maintenance
2 estabHsh a ferry, and no person appears to keep it for the profits thereof, tn;vW ^ ^ ^
3 the town in which such ferry is required shall provide a person to keep k's! 26,' § ^'.
4 it at such place and seasons as the commissioners order. Such person p. s. Is,' 1 1;
5 shall be licensed as aforesaid, and the expense of maintaining such ferry, i* ^ ^5, §6.
6 in excess of the amount received for tolls, shall be paid by the town. (Penalty, § s.i
1 Section 7. The commissioners may, either when such ferry is estab- ^ppOp^ti™mi=nt
2 lished between two towns or thereafter, upon the application of ten voters 1759-60, 21,
3 of either town and after notice to both towns and a hearing, order that J^m-s.^sl^
4 such towns shall maintain said ferry either jointly or alternately, and shall r. s.' 26,' § k'
5 adjudge in what proportion they shall bear the expense of such mainte- ?S74. 205,^^1.
6 nance; and the commissioners may, upon a new application and after || 5^5,^7.
7 notice and a hearing, revise such order. Their determination shall be
8 final.
[Penalty, § 8.1
1 Section 8. A town which neglects to maintain a ferry as provided neglect" to'
2 in the two preceding sections shall forfeit not more than one hundred ■oi'^tam ferry.
3 dollars for each month such neglect continues.
1759-60, 21, § 3. 1796. 42, § 6. G. S. 47, § 8. P. S. 55 § 8
1764-5, 31. R. S. 26, § 9. 1874. 265, § 2. R. L. 55, 5 8.
CANALS.
1 Section 9. The master of a boat laden with goods, wares or mer- ^^<^j[Jj^6catejf
2 chandise which enters the waters of a canal to be carried thereon, shall Lad. °J^ ^ ^
3 exhibit a certificate signed by him to the collector of tolls, stating the r. s' m. '§ ss
4 name of the owner of the boat, the name of the place to which it is destined p; | °" ' ""
5 and the quantity or weight of the respective articles laden on board, dis-
6 tinguishing each article, as to quantity or weight, according to the toll
7 which it is liable to pay. A master who neglects or refuses to exhibit such
8 certificate, or knowingly, and with intent to defraud the proprietors of
9 the canal, makes or delivers a false certificate of the kind or quantity of
10 goods, wares or merchandise laden on board such boat, shall forfeit one
11 hundred dollars. The proprietors shall prepare the proper blank forms
12 of certificates of loading; and masters of boats shall be entitled to use
13 them without expense.
1 Section 10. Whoever knowingly and with intent to defraud such f^^^J^'^yJ^J
2 proprietors makes or causes to be made a false statement of the quantity ment^j^^ 2
3 or quality of goods, wares or merchandise laden or to be laden on board r. s! 39, '§ 90!
4 of a boat used on such canal shall forfeit one hundred dollars.
G. S. 62, § 21. P. S. 108, § 2. R. L. 55, I 10.
1 Section 11. A collector of tolls on a canal may detain a boat and ^('foTi""''""
2 cause the goods, wares and merchandise laden on board to be weighed; i8.'i4, is^.^SgS.
3 and if it is found that the loading is greater than the quantity stated p J 62^ ^f-
4 in the certificate, the master of the boat, in addition to the penalty r.l. 55,'§u.
5 hereinbefore provided, shall pay the costs and charges of unloading,
6 weighing and reloading such goods, wares or merchandise; otherwise
7 the proprietors of the canal shall pay all such costs and charges, and
8 be liable in tort for all damages caused by such detention.
1 Section 12. The city council of a city or the selectmen of a town F|°J'^f^^''„='°i;
2 may, for the purpose of determining whether a canal or waterway within i887, 393, § i.
62. § 20.
108, § 1.
R. L. 55, § 9.
980
PUBLIC LANDINGS.
[Chap. 88.
R. L. 52. 5 32.
1917, 344. V.
§44. VIII, §1.
the limits of the city or town is dangerous to the public, give a public .3
hearing thereon, after notice in writing, to the person owning, operating 4
or controlling said canal or waterway, and if after such hearing the council 5
or selectmen shall adjudge said canal or waterway to be dangerous to the 6
public, they shall order that a suitable fence be erected along said canal 7
or waterway or any portion thereof. The person so ordered to erect the 8
fence may within thirty days after written notice of said order, appeal 9
therefrom to the department of public works, which shall thereupon give 10
due notice and hear all parties interested, and its decision thereon shall 11
be final. 12
ord°er'not'^ SECTION 13. If such Order of the city council or selectmen is not 1
complied with. compHcd with witliiu sixty davs after written notice of it has been given, 2
Penalty. .'^ i ' • i i .... , „
1887, 393. § 2. or, lu the event oi an appeal to said department, within sixty days after 3
written notice of its decision affirming such order, the city council or 4
selectmen shall cause a suitable fence to be erected and shall recoA'er the 5
cost thereof in contract from the person required to erect it, who, for 6
such neglect, shall also be punished by a fine of not less than fifty nor 7
more than one hundred dollars. 8
R. L. 52, § 33
1917. 344. V.
§ 45, VIII. § 1
Laying out and
alteration.
Structures
upon.
1908. 606,
§§1,4.
1930, 164.
LANDING PLACES.
Section 14. The city council or board of selectmen may, upon peti- 1
tion in writing by ten or more voters of the city or town, lay out or alter 2
common landing places therein which shall not, where the tide ebbs and 3
flows, extend below low water mark; and all the provisions of law relating 4
to the laying out and alteration of town ways shall apply to the laying 5
out and alteration of common landing places. Any person who is dam- 6
aged in his property by such laying out and alteration may recover his 7
damages under chapter seventy-nine. A city or town may erect on any 8
such common landing place structures which may extend beyond low 9
water mark, subject to the provisions of chapter ninety-one, and may 10
maintain the same. The city council or board of selectmen may make 11
rules and regulations governing the operation and use of said structures, 12
and may appoint a custodian thereof and fix his salary, or it may, on 13
behalf of the city or town, lease said structures. 14
Laying out by
county com-
niissionera.
1908. 606,
§§ 5, 8.
Section 15. Any person aggrieved by the failure of the selectmen 1
of a town to lay out suitable landing places therein, after petition there- 2
for, or by the failure of a town to accept a common landing place laid 3
out by the selectmen, may, if an inhabitant of such town or of an ad- 4
joining town, within six months after such petition to the selectmen 5
or after such failure of the town, appeal by petition in writing to the (i
county commissioners, who, unless sufficient cause to the contrary is 7
shown, may lay out suitable common landing places, or may approve a 8
landing place laid out by the selectmen, and may direct the laying out 9
of such landing places to be recorded by the clerk of the town, and such 10
laying out or approval shall have the same effect as a laying out by the 11
selectmen and an acceptance by the town. The proceedings of the 12
county commissioners upon such an appeal shall, so far as is practicable, 13
be the same as those pro\ided by law in regard to the laying out of high- 14
ways by county commissioners. 15
Chap. 88.] public landings. 981
1 Section 10. ITpon the representation of ten or more inhabitants of onfou^jf"!^"*
2 a county to the county commissioners that the exact location of a com- jss-. io9
3 nion landing place in such countv cannot be readilv ascertained, thev 1917,344,11,
4 shall, after giving the notice required in laying out highways, ascertain '- ■
5 the correct location of such landing place, erect the necessary bounds
6 thereof and make a record thereof as in laying out highways.
1 Section 17. A town at a meeting called for the purpose may discon- Diacontin-
2 tinue any common landing place laid out under this chapter. Any resi- ino8?'6or>,
3 dent of the town, or of an adjoining town aggrieved by such discon- ^^2, 0, 8.
4 tinuance may, within six months thereafter, appeal to the county
5 commissioners, who shall give notice to the clerk of the town in which
6 such landing place is situated, and to the clerks of every adjoining
7 town, of a hearing on such appeal and of the time and place appointed
8 therefor, at least thirty days before the time appointed for the hearing,
9 and they shall also cause copies of the petition, or abstracts thereof,
10 and of the notice, to be posted in two public places in each of said towns,
11 and to be published three weeks successively in such newspaper as they
12 shall order; the posting and the last publication to be fourteen days
13 at least before any view, hearing or adjudication on such appeal. The
14 proceedings of the county commissioners shall, so far as is practicable,
15 be in accordance with the law regarding the discontinuance of a way by
16 county commissioners, and the decision of the county commissioners
17 shall be final.
1 Section IS. Before any action is taken upon an appeal under sec- Recognizance
2 tion fifteen or seventeen the appellants shall cause a sufficient recogni- igos^eoe, § 7.
3 zance to be given to the county, with sureties to the satisfaction of the
4 county commissioners, for the payment of all costs and expenses to the
5 county which shall arise by reason of the proceedings on such appeal, if
6 the appellants do not prevail.
1 Section 19. The selectmen may make rules and regulations con- Rules and
2 cerning the use of a common landing place laid out under this chapter. i908,''606T§ 3.
982
LAW OF THE ROAD.
[Chap. 89.
CHAPTER 89.
LAW OF THE ROAD.
Sect.
1. Persons meeting to turn to the right.
2. Persons passing in same direction to
turn to left.
Sleigh bells.
Vehicles to keep to right when view
obstructed.
Penalties.
Rules of road not applicable to street
3.
4.
5.
6A. Street cars to stop during passage of
fire apparatus.
Sect.
7.
7A.
8.
9.
10.
Fire engines, patrol wagons and am-
bulances to have right of way.
Movement, etc., of vehicles near fires
or during passage of fire apparatus,
regulated.
Right of way at intersecting ways.
Through ways.
Violation of one-way street regula-
tions, etc., effect on civil liability.
Persons meet-
ing to turn to
the right.
1820. 65, § 1.
R. S. 51, § 1.
G. S. 77, § 1.
P. S. 93, § 1.
Section 1. When persons traveling with vehicles meet on a way,
each shall seasonably drive his vehicle to the right of the middle of
the traveled part of such way, so that the vehicles may pass without
interference.
R. L. 54, § 1.
1917, 344, VII,
VIII, § 1.
I Pick. 345.
4 Pick. 125.
23 Pick. 201.
8 Met. 213.
II Met. 403.
12 Met. 415.
§1,
10 Cush. 495.
2 Grav, 181.
11 Gray, 418.
3 Allen. 176.
12 Allen, 84.
100 Mass. 313.
158 Mass. 17, 46.
159 M.ass. 142.
177 Mass. 530.
[Penalty, 5 5.]
187 Mass. 53.
204 .Mass. 165.
209 Mass. 155.
210 Mass. 240.
213 Mass. 79.
229 Mass. 53.
1 Op. A. G. 595.
4 Op. A. G. 183.
Persons passing
in same direc-
tion to turn to
left.
G. S. 77, 5 2.
P. S. 93, § 2.
R. L. 54, § 2.
Section 2. The driver of a vehicle passing another vehicle traveling
in the same direction shall drive to the left of the middle of the traveled
part of a way; and, if it is of sufficient width for the two vehicles to
pass, the driver of the leading one shall not wilfully obstruct the other.
1917, 344, VII, § 2,
VIII, § 1.
119 Mass. 66.
121 Mass. 216.
195 Mass. 151.
199 Mass. 574.
200 Mass. 57.
210 Mass. 44.
212 Mass. 392.
213 Mass. 79.
[Penalty, § 5.]
228 Mass. 477.
229 Mass. 53.
264 Mass. 383.
4 0p. A. G. 183.
f^Ǥh Mis.^ Section 3. No person shall tra\cl on a way with a sleigh or sled 1
S"i' 5i' t i drawn by a horse, unless there are at least three bells attached to some 2
O. &. 77, »•*■«,, O
part of the harness. "^
R L 54 5 3 11 Gray, ,342. 202 Mass. 443.
1917 344, VII, § 3, 8 Allen, 436. 209 Mass. 155, 489.
VIII, § 1.
(Penalty, § 5.)
P. S. 93, § 3.
Vehicies^to^ Section 4. Whenever on any way, public or private, there is not an 1
when view ob- uiiobstructcd vicw of the road for at least one hundred yards, the driver 2
190T5I2, § 1. of every vehicle shall keep his vehicle on the right of the middle of the 3
^%l'!'\m. Vi! traveled part of the way, whenever it is safe and practicable so to do. 4
217 Mass. 18.
259 Mass. 415.
[Penalty, § 5.)
riJo'or's 4. Section 5. Whoever violates any of the provisions of the four pre- 1
R."s.' m; § 3.' ceding sections shall, upon complaint made witiiin three months after 2
the commission of the offence, forfeit not more than twenty dollars, 3
G. S. 77, §4.
P. S. 93, 5 4.
Chap. S9.] l.'^^w of the road. 983
4 and be liable in an action commenced within twelve months after the R.i-. m §4
5 date of such violation for all damage caused thereby.
1917.544 VII, 12 Met. 415. 8 Allen, 436.
§ 5. VlII. § 1. 2 Gray, 181. 100 Mass. 313.
lPiek34.') 11 Grav. 342, 418. 119 Mass. 66.
11 Met. 403. 3 Allen, 176. 158 Mas8. 46.
1 Section 6. In construing rules, by-laws and regulations concerning Rviiesofmad
2 the use and operation of vehicles on ways, street railway cars or other ""arreet'clrs"
3 cars moving upon rails shall not be considered to be vehicles within ^{!\i\ If^ vii,
4 the provisions of the five preceding sections, unless it is expressly so i^;!;. chapU;
5 provided. ^ '* '
1 Section 6A. Every motorman of a car upon a street railway shall, l'^„^\^^{^^°
2 upon the approach of any fire apparatus going to a fire or responding to passage o^f fire
3 an alarm, immediately stop said car and keep the same at a standstill 1925, aoe, § 1.
4 until such apparatus has passed. Violation of any provision of this
5 section shall be punished by a fine of not more than twenty-five dollars.
1 Section 7. The members and apparatus of a fire department while Fire engines,
2 going to a fire or responding to an alarm, police patrol wagons and andambEoes
3 ambulances, and hospital ambulances shall have the right of way through to^have right ot
4 any street, way, lane or alley. Whoever wilfully and maliciously ob- f^^-fr,;^2-7.
5 structs or retards the passage of any of the foregoing in the exercise of jssg, 57. ^ ^^
6 such right shall be punished by a fine of not more than fifty dollars or 1904; lei.
7 imprisonment for not more than three months. §§i,'2.
hides
1 Section 7A. Upon the approach of any fire apparatus which is Movement^^
2 going to a fire or responding to an alarm, every person driving a vehicle ncaf fires or
3 on a way shall immediately drive said vehicle as far as possible toward BaJe"of firl
4 the right-hand curb or side of said way and shall keep the same at a j^SSedL'
.5 standstill until such fire apparatus has passed. No person shall drive a }925. 306, % 2.
6 vehicle over a hose of a fire department without the consent of a mem-
7 ber of such department. No person shall drive a vehicle within three
8 hundred feet of any fire apparatus going to a fire or responding to an
9 alarm, nor drive said vehicle, or park or leave the same unattended,
10 within six hundred feet of a fire or within the fire-lines established thereat
11 by the fire department. Violation of any provision of this section shall
12 be punished by a fine of not more than twenty-five dollars.
1 Section 8. Every driver of a motor or other vehicle approaching Right of way
2 an intersection of any ways, which for the purposes hereof shall mean ways."^^J°
3 the area embraced within the extensions of the lateral curb lines, or, if {glU; 330; §1.
4 none, then the lateral boundary lines, of intersecting ways as defined {gilf^Jt:
5 in section one of chapter ninety, shall grant the right of way to a vehicle |*| Mass. 409.
6 which has already entered such intersection, and every driver of a ve- ^m m^ss. 205.
7 hide entering such an intersection shall grant the right of way to a 257 Mass. 103,
8 vehicle so entering from his right at approximately the same instant; 207 Mass. 238.
9 but the foregoing provisions of this section shall not apply at any inter- ggg/ ''''^'
10 section of ways when a driver is otherwise directed by a police officer; HgMai'lo.*'
11 or by a lawful traffic regulating sign, device or signal maintained by
12 or with the written approval of the department of public works and
13 while said approval is in effect or otherwise lawfully maintained.
984
[Chaps. 89, 90.
Through waya.
1926, 330, § 2.
1928, 357, § 5.
1929, 147, 5 2.
Violation of
one-way street
regulations,
etc., effect
on civil
liability.
1930. 57, § 1.
Section 9. For the purposes of this section, the department of
public works may from time to time designate any state or other high-
way or part thereof as a through way, and may after notice revoke any
such designation ; and any city or town may, with the approval of said
department and while such appioval is in effect, designate any way or
part thereof within the control of such city or town as a through way
and may, after notice and like approval, revoke any such designation.
Said department may, after notice, revoke any approval granted under 8
this section. No such designation of a through way shall become ef- 9
fective as to regulation of traffic at any point of intersection with another 10
way until said department or the board or officer having control of 11
ways in a city or town, as the case may be, shall have caused suitable 12
warning signs and signals to be erected at or near such point. Every 13
vehicle immediately before entering the limits of a through way except 14
at a terminus thereof shall be brought to a full stop except when the 1.5
driver is otherwise directed by a police officer, or by a lawful traffic 16
regulating sign, device or signal maintained by or with the written 17
approval of said department and while such approval is in effect or 18
otherwise lawfully maintained. For the purposes of this section, a 19
way joining a through way at an angle, whether or not it crosses the same, 20
shall be deemed to intersect it, and the word "way", unless the context 21
otherwise requires, shall include a through or other way. 22
Section 10. The violation by the operator or driver of a motor or
other vehicle of any rule, regulation, ordinance or by-law limiting
traffic on any specified way to traffic moving in one direction shall not,
in respect to" any civil liability, render such operator or driver, or such
vehicle or any occupant thereof, a trespasser upon said way.
CHAPTER 90.
MOTOR VEHICLES AND AIRCRAFT.
Sect
Sect
MOTOR VEHICLES.
3E.
1.
Definitions.
lA.
Registration of motor vehicles, etc.,
when prohibited. Exceptions.
3F.
2.
Registration of motor vehicles and
4.
trailers.
5.
3.
Motor vehicles owned by non-resi-
dents.
3A.
Operation of motor vehicle by non-
6.
resident, when equivalent to ap-
7.
pointment of registrar as attorney,
7A.
etc.
8.
3B.
Operation of motor vehicle by any
person, when so equivalent.
9.
3C.
■Service of process under two prior sec-
tions, how made. Kffect.
9A.
3D
Applications for registration or li-
10.
cense to contain power of attorney,
11.
etc. Service of process upon regis-
trar, etc.
Fee paid to registrar, when taxed in
costs. Registrar to keep record of
processes.
Unconstitutionality of any of §§ 3.4-
3E, effect.
[Repealed.]
Motor vehicles owned or controlled
by manufacturers, dealers or re-
pair men. " Dealer" defined.
Number plates.
Brakes and other equipment.
Periodic inspection.
License to operate.
Operation of unregistered or im-
properly equippeil motor vehicles.
Non-scattcrablo glass wind shields,
when required.
Operation without license.
Certificate of registration and license
to be carried by operator. Excep-
tion.
Chap. 90.]
MOTOR VEHICLES.
985
Sect.
12. Employing, etc., unlicensed, etc., op-
er.itor prohibited.
13. Precautions for safety of vehicle.
14. Precautions for safety of other trav-
elers.
15. Precautions at railroad crossings.
16. Offensive or illegal operating pro-
hibited.
17. Speed limits.
18. Special speed regulations.
19. Dimensions of motor trucks and
trailers.
20. Penalties and punishments.
21. Arrest. Bail.
22. Suspension or revocation of certifi-
cates of registration, licenses, etc.
23. Illegal operating. Concealment of
identity.
24. Reckless, unauthorized or drunken
driving. Fraud in connection with
hcense. Penalties, etc.
24.\. Motor vehicles used in commission
of crimes, reports to registrar.
25. Refusal to obey officer penalized.
26. Reporting accidents.
27. Court records.
28. Appeals and hearings.
29. Investigations of causes of accidents.
Deputy registrar, investigators, etc.
30. Records of registrar. Destruction of
records, etc.
31. Rules and regulations.
31.4. Transportation of personal property
by motor vehicles regulated.
32. Records of garages, etc., and of cer-
tain open air parking spaces.
32A. Serial numbers of motor vehicles or
engines, authority to restore or
substitute.
32B. Records of motor vehicles leased
upon a mileage basis.
33. Fees.
34. Disposition of fees and fines. High-
way Fund.
COMPULSORY MOTOR VEHICLE LIABILITY
INSURANCE.
34A. Definitions.
34B. Certificates. Acceptance, form, cop-
ies. Penalties.
34C. Policy or bond covering more than
one motor vehicle or trailer.
34D. Deposit of cash, etc., in lieu of bond
or policy.
34E. Receipt for and retention of cash,
etc., so deposited.
34F. Notice to registrar, etc., upon service
of writ.
34G. Proceedings if judgment against prin-
pal on bond is not satisfied.
Sect.
34H. Revocation of registration upon can-
cellation of policy or bond, etc.
Exceptions.
341. Registrar to keep records and books.
34J. Penalty for operating, etc., motor
vehicle knowing that policy, etc.,
has not been provided, etc.
AIRCRAFT.
35. Definitions.
36. Licensing of pilots and registration of
aircraft.
Licenses.
37. Advisory board of aeronautical ex-
perts.
3S. Test flights. Determination of com-
petency.
39. Designation of licenses.
40. Term of licenses. Fees.
41. License, when not required.
Registration.
42. Applications for registration.
43. Preliminary exhibition and operation
of aircraft.
44. Designation for registration.
45. Symbols; form and arrangement.
Exceptions.
46. Expiration of registrations. Renew-
als, fees.
47. Registration, when not required.
Limitations upon flying of un-
registered aircraft.
48. Experimental operation of unregis-
tered aircraft.
49. Suspension or revocation of license
or registration.
General Provisions.
50. Accident involving injury or death,
or damage to aircraft. Notice to
registrar.
51. Operation over open air assembly
regulated.
52. Acrobatic flying by certain aircraft
regulated.
53. Use of aircraft for certain feats of
daring prohibited. Dropping of
missiles regulated.
54. Load regulated.
55. Minimum altitude for flying.
56. Landing regulated.
57. Landing fields; establishment, main-
tenance and regulation.
58. Rules and regulations, and appeals
therefrom.
59. Penalties.
60. Court enforcement of pro\nsions as
to aircraft.
986
MOTOR VEHICLES.
[Chap. 90.
Definitions.
1902, 315, § '
1903, 473,
§§ 13, 15.
1906. 412, § 5
1909, 534,
§§1.31.
209 Mass. 24.
246 Mass. 409.
MOTOR VEHICLES.
Section 1. The following words used in this chapter shall have the
following meanings, unless a different meaning is clearly apparent from
the language or context, or unless such construction is inconsistent with
the manifest intention of the legislature:
1914, 204, § 1; 420, §§ 2, 3. 1923, 464, § 1. 241 Mass. 557.
1915, 16. § 1; 99. 1924, 189. 248 Mass. 62.
1916, 260. 1928, 316, § 2; 250 Mass. 512.
1917, 187, § 1. 381. § 2. 257 Mass. 198,
1919, 214; 294, § 1; 1929, 203. 303. 434. 575.
350, § 115. 1930,332,51. 269 Mass. 386, 471.
1920, 476. 1931, 47, § 1; 142. § 1. 273 Mass. 40.
(For further definitions see § § 5, 34A, 35.]
"Application", an application by mail or otherwise to the registrar or
any agent designated by him for the purpose, upon a blank provided by
the registrar, and with which is deposited the fee provided in section
thirty-three.
"Automobile", any motor vehicle except a motor cycle.
226 Mass. 474. "Dealer", any person who is engaged principally in the business of
buying, selling or exchanging motor vehicles.
" Department ", the department of public works.
"Garage", any place where five or more motor vehicles are stored or
housed at any one time for pay, except only such places in which motor
vehicles are kept by the owners thereof without payment for storage.
" Intersecting way ", any way which joins another at an angle, whether
or not it crosses the other.
"Motor cycle", any motor vehicle having but two or three wheels in
contact with the ground, and a saddle on which the driver sits astride,
or a platform on which he stands, or any bicycle having a motor attached
thereto and a driving wheel or wheels in contact with the ground in
addition to the wheels of the bicycle itself.
"Motor vehicles", automobiles, semi-trailer units, motor cycles and all
other vehicles propelled by power other than muscular power, except
railroad and railway cars and motor vehicles running only upon rails or
tracks, road rollers, street sprinklers, snow loaders, power excavators,
power grailers and concrete mixers.
"Non-resident", any person whose legal residence is not within the
commonwealth.
" Number plate", the sign or marker furnished by the registrar on which
is displayed the register number or mark of a motor vehicle assigned to
such motor vehicle by the registrar.
" Operator", any person who operates a motor vehicle.
"Persons", wherever used in connection with the registration of a
motor vehicle, all persons who own or control such vehicles as owners,
or for the purpose of sale, or for renting, as agents, salesmen or other-
wise.
"Police officer" or "officer", any constable or other officer authorized
to make arrest or serve process, provided he is in uniform or displays his
badge of office.
" Register number ", the number or mark assigned by the registrar to a
motor vehicle, whether or not such number or mark includes a letter or
letters; and said number or mark, except on motor cycles, shall always be
in separate Arabic numerals at least four inches in height, with strokes
not less than one half of an inch in width.
"Registrar", the registrar of motor vehicles.
233 Mass. 105.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2?^
24
25
2(1
27
28
29
30
31
32
33
34
35
3()
37
3S
39
40
41
42
43
44
45
46
Chap. 90.] motor vehicles. 987
47 "Thickly settled or business district", the territory contiguous to any
4S way which is built up with structures devoted to business, or the territory
49 contiguous to any way where the dwelling houses are situated at such
50 distances as will average less than two hundred feet between them for a
51 distance of a quarter of a mile or over.
52 "Trailer", a vehicle used for carrying passengers for hire or commodi-
53 ties in connection with commerce and having no motive power of its own,
54 but which is drawn by a motor vehicle. It shall not include a pair of
55 wheels commonly used as an implement for other purposes than trans-
5() portation.
57 "Way", any public highway, private way laid out under authority of
58 statute, way dedicated to public use, or way under the control of park
59 commissioners or body having like powers.
1 Section lA. No motor vehicle or trailer, except one owned by a Registration
2 person, firm or corporation, for the operation of which security is required vehich'a. etc.,
3 to be furnished under section six of chapter one hundred and fifty-nine A, hibttcd™"
4 or one owned by any other corporation subject to the supervision and f9''2™''34°6°^§ i
5 control of the department of public utilities or by a street railway com- }^|^. 368, § i.
6 pany under public control, or by the commonwealth or any political i93i!47, §2;'
7 subdivision thereof, shall be registered under sections two to five, inclu- 263'Maa3. 579.
8 sive, unless the application therefor is accompanied by a certificate as *^^' *'
9 defined in section thirty-four A. Ambulances, fire engines and apparatus,
10 police patrol wagons and other vehicles used by the police department of
11 any city or town or park board solely for the official business of such
12 department or board (whether or not owned as aforesaid) shall not be
13 subject to the requirements of this section.
1 Section 2. Application for the registration of motor vehicles and mofor''veh'idef
2 trailers may be made by the owner thereof. The application shall con- iSos'Tts" 1
3 tain, in addition to such other particulars as may be required by the }|]{j^. 311. § 2.
4 registrar, a statement of the name, place of residence and address of the lao^i sso! § 1'.
5 applicant, with a brief description of the motor vehicle or trailer, includ- loofl! 534.'
6 ing the name of the maker, the number, if any, affixed by the maker, and, 1912, 400.
7 in case of a motor vehicle, the engine number and the character of the \lll] §03! | \'.
8 motor power. The registration fee as required in section thirty-three }9i4; 124; 427!
9 shall accompany such application. }928, sie, § 3.
10 The registrar or his duly authorized agents shall register in a book or 332, '§ 3. '
11 upon suitable index cards to be kept for the purpose the motor vehicle 191 Mas's.'439.
12 or trailer described in the application, giving to the vehicle a distinguish- 202 MaS^^s.'
13 ing mark or number to be known as the register number for that vehicle, 206 Mass! lil'.
14 and shall thereupon issue to the applicant a certificate of registration. HI ^^'^^^- ^^^'
15 The certificate shall contain the name, place of residence and address of ?if ^?'"*^ i!t-
22o iVls.ss isHl
16 the applicant and the register number or mark, and shall be in such form 22B Mass. 75,'
17 and contain such further information as the registrar may determine. 227 Mass. 162.
18 An applicant for the registration of a motor vehicle or trailer under 235 Mass! 122!
19 this section who does not file his application until after the thirtieth Itl.^H^' ^^*'
20 day of September in any year shall be entitled to a reduction in the fee f^l Hl^- Hf
21 for such registration as provided in section thirty-three. 1^5? Hm 30
22 Upon the transfer of ownership of any motor vehicle or trailer its 258 Mass. 431.
00 • i i- 111 • 1.1 • , 1 268 Mass. 407.
z6 registration shall expire, and the person m whose name such motor 270 Mass. 557.
24 vehicle or trailer is registered shall forthwith return the certificate of 404. ''^^ _'
25 registration to the registrar with a written notice containing the date of I'op^a^g."'''
26 the transfer of ownership and the name, place of residence and address ^'^-
988
MOTOR VEHICLES.
[Chap. 90.
3 Op. A. G.
116,318.
4 Op. A. G.
608.
Op. A. G.
(1917) 45, 101.
Op. A. G.
(1920) 28.
of the new owner; provide(i, that on the death of an owner of a motor 27
vehicle or trailer its registration shall be deemed to continue in force as 28
a valid registration until the end of the year or until the owTiership of 29
such motor vehicle or trailer is transferred by the executor or adminis- 30
trator of the estate of such owner, whichever occurs first. 31
A person who transfers the ownership of a registered motor vehicle or 32
trailer owned by him to another or loses possession thereof, upon the 33
filing of a new application and upon payment of the proper substitution 34
fee provided in section thirty-three, may have registered in his name for 35
the remainder of the calendar year another motor vehicle or trailer; 36
provided that if the fee provided for registration of the vehicle sought 37
to be registered is more than the fee for registration of the vehicle trans- 38
ferred as aforesaid, the applicant shall pay, in addition to the substitu- 39
tion fee, the difference between said fees for registration. 40
A person who, before the first day of August in any year, transfers the 41
ownership or loses possession of any vehicle registered in his name and 42
who does not apply for registration of another vehicle but who, on or 43
before the first day of September in the same year, files in the office of the 44
registrar a written application for a rebate shall be entitled to a rebate 45
of one half the fee paid for the registration of the vehicle transferred or 46
lost possession of as aforesaid; provided, that no such rebate shall be 47
paid except upon a certificate, filed with the comptroller, setting forth 48
the facts, and signed by the registrar or his authorized agent; and pro- 49
vided, also, tliat the rebate shall be paid out of the fees received for the 50
registration of motor vehicles and trailers without specific appropria- 51
tion. The registrar, at his discretion, may assign to the vehicle of any 52
person who surrenders his registration certificate as herein provided, 53
and who desires to register another vehicle, the register number of the 54
vehicle described in the surrendered certificate. 55
The registrar shall furnish at his office, without charge, to every per- 56
son whose vehicle is registered under this chapter, two number plates 57
of suitable design, each number plate to have displayed upon it the 58
register number assigned to that vehicle; provided, that number plates 59
assigned to ambulances, fire engines and apparatus, police patrol wagons 60
and other vehicles used by the police department of any city or town or 61
park board solely for the official business of such department or board 62
may be of a distinctive tj'pe or types. The number plates so furnished 63
shall, except as provided by section nine, be valid only for the year for 64
which they are issued. 65
If the registrar shall determine at any time that, for any reason, a 66
motor vehicle or trailer is unsafe or improperly equipped or otherwise 67
unfit to be operated, he may refuse to register the vehicle, and the 68
registrar may for like reasons revoke any registration already made. 69
The horse power of every motor vehicle sought to be registered shall be 70
determined by the commissioner of public works, and his determination 71
shall be final and conclusive. The registration of every motor vehicle 72
and trailer registered under this section shall expire at midnight on 73
December thirty-first of each year. 74
Section 3. Subject to the provisions of section three A and except 1
Motor vehicles
owned by non- , - i • i -i • i o
reaiiiontB ^s othcrwisc pro\itIed in section ten, a motor vehicle or trailer registered 2
190.!. 473, S 6. . ^ , , , • 1 i 1 1 o
190.5,311. in any other state or country and owned by a non-resulent who lias 6
1906,412, §8. complied with the laws relative to motor vehicles and trailers, and the 4
1908; 648, § I', operation thereof, of the state or country of registration may be operated 5
ClL\.P. 90.] MOTOR VEHICLES. 989
6 on the ways of this commonwealth without registration under this i909, 534,
7 cliaptcr, to the extent, as to length of time of operation and otherwise, mid, 005, § 1.
8 that, as finally determined by the registrar, the state or country of loly.'sgt.'H^.'
9 registration grants substantially similar privileges in the case of motor }^^J; *^^; | ^;
10 vehicles and trailers dulv registered under the laws and owned by resi- 202 Mass. 443.
n '11 "^ '111 1*1 •! tiiU ivltlSS, "t't.
11 dents of this commonwealth; provided, that no motor vehicle or trailer 233 Mass. 105.
12 owned by a non-resident shall be so operated beyond the expiration of
13 a period of thirty days except during such time as the owner thereof
14 maintains in full force a policy of liability insurance providing indemnity
15 for or protection to him, and to any person responsible for the operation
16 of such motor vehicle or trailer with his express or implied consent,
17 against loss by reason of the liability to pay damages to others for bodily
18 injuries, including death at any time resulting therefrom, caused by
19 such motor vehicle or trailer, at least to the amount or limits required
20 in a motor vehicle liability policy as defined in section thirty-four A, nor
21 unless the owner or operator of such motor vehicle or trailer, while
22 operating the same during such additional time, has on his person or
23 in the vehicle in some easily accessible place a permit issued by the
24 registrar which then authorizes the operation of such vehicle without
25 registration under this chapter. The registrar or his authorized agents
26 may, upon application, issue to any non-resident owner a jjermit as
27 aforesaid in such form and subject to such conditions and regulations
28 as the registrar may establish, if such owner satisfies him, by furnishing
29 such evidence as he may require, that such owner is the holder of a
30 policy of liability insurance providing indemnity or protection as afore-
31 said and will continue to maintain the same in full force during the life
32 of the permit. The registrar may suspend or revoke the right of any
33 non-resident operator to operate in this commonwealth, and may sus-
34 pend or revoke the right of any non-resident owner to operate or have
35 operated in this commonwealth any motor vehicle or trailer for the
36 same causes and under the same conditions that he can take such action
37 regarding resident owners, operators, motor vehicles and trailers owned
38 in this commonwealth. Every such vehicle so operated shall have dis-
39 played upon it two number plates, substantially as provided in section
40 six, bearing the distinguishing number or mark of the state or country
41 in which such vehicle is registered, and none other except as authorized
42 by this chapter.
1 Section 3A. The acceptance by a person who is a resident of any Operation of
2 other state or country of the rights and privileges conferred by section bynon-"
3 three, as evidenced by the operation, by himself or agent, of a motor equivSe'nTto"
4 vehicle thereunder, or the operation by such a person, by himself or o??egbt?ar"'
5 his agent, of a motor vehicle on a public way in this commonwealth as^attomey.
6 otherwise than under said section, shall be deemed equivalent to an i9|3. «!. § 2.
7 appointment by him of the registrar, or his successor in office, to be his 253 Mass. 478.
8 true and lawful attorney upon whom may be served all lawful processes 274 u. s. 354.'
9 in any action or proceeding against liim, growing out of any accident
10 or collision in which such person or his agent may be involved, while
11 operating a motor vehicle on such a way, and said acceptance or opera-
12 tion shall be a signification of his agreement that any such process
13 against him which is so served shall be of the same legal force and va-
14 lidity as if served on him personally. This section shall not authorize
15 the service of process upon any person who has executed a power of
16 attorney under section three D.
990
MOTOR VEHICLES.
[Chap. 90.
Operation
of motor
vehicle by
any person,
when so
equivalent.
1923,431, § 2.
1928, 344.
Section 3B. The operation by any person, by himself or his agent, 1
of any motor vehicle, whether registered or unregistered, and with or 2
without a license to operate, on any public way in this commonwealth, 3
shall be deemed equivalent to an appointment by such person of the 4
registrar, or his successor in office, to be his true and lawful attorney 5
upon whom may be served all lawful processes in any action or proceed- 6
ing against him, growing out of any accident or collision in which he or 7
his agent may be involved while operating a motor vehicle on any public 8
way in this commonwealth, and such operation shall be a signification of 9
an agreement by such person that any such process against him which 10
is served upon the registrar or his successor in office shall be of the same 1 1
force and validity as if served upon him personally. This section shall 12
not apply in case of any cause of action, for the service of process in 13
which provision is made by section three A, nor shall it authorize service 14
of process upon any person who has executed a power of attorney under 15
section three D. 16
Service of
process under
two prior
sections, how
made. Effect.
1928, 344.
Section 3C. Service of process under section three A or three B
shall be made by leaving a copy of the process with a fee of two dollars
in the hands of the registrar, or in his office, and such service shall be
sufficient service upon a defendant who has thereunder appointed the
registrar or his successor his true and lawful attorney therefor; pro-
vided, that notice of such service and a copy of the process are forth-
with sent by registered mail by the plaintiff to the defendant, and the
defendant's return receipt and the plaintiff's affidavit of compliance
herewith are filed with the papers in the case on or before the return 9
day of the process or within such further time as the court may allow, 10
or that such notice and copy are served upon the defendant, if found 11
within the commonwealth, by an officer duly qualified to serve legal 12
process, or, if found without the commonwealth, by a sheriff or deputy 13
sheriff of any county of this commonwealth or by any duly constituted 14
public officer qualified to serve like process in the state or jurisdiction 15
where the defendant is found, and the officer's return showing such 16
service to have been made is filed in the case on or before the return 17
day of the process or within such further time as the court may allow. 18
The court in which the action is pending may order such continuances 19
as may be necessary to afford the defendant reasonable opportunity 20
to defend the action. 21
Applications
for registration
or license to
contain power
of attorney,
etc. Service
of process on
registrar, etc.
1928, 344; 390.
Section 3D. Every application under sections two to five, inclusive, 1
for the registration of a motor vehicle or trailer or under section eight for 2
a license to operate motor vehicles shall contain an irrevocable power of 3
attorney, in such form as the registrar may prescribe, constituting and 4
appointing, in case the certificate of registration or license applied for is 5
issued, the registrar or his successor in office the true and lawful attorney G
of the applicant, upon whom may be served all lawful processes in any 7
action or proceeding against him, growing out of any accident or collision 8
in which he or his agent may be involved while operating a motor vehicle 9
within the commonwealth during the period covered by the certificate 10
of registration or by the license as the case may be, and containing an 11
agreement that any process against him which is so served shall, if he is 12
notified of such service as hereinafter provided, be of the same legal force 13
and validity as if served on him personally and that the mailing by the 14
registrar of a copy of such process to him at his last address as appearuig 15
Chap. 90.] motor vehicles. 991
16 on the registrar's records shall be sufficient notice to him of such service.
17 Service of such process shall be made by leaving duplicate copies thereof
IS with a fee of two dollars in the hands of the registrar, or in his office, and
19 the registrar shall forthwith send one of said copies by mail, postage pre-
20 paid, addressed to the defendant at his last address as appearing on the
21 registrar's records; and an affidavit of the registrar, or of any person
22 authorized by him to send such copy, that such copy has been so mailed
23 shall be prima facie evidence thereof. One of the duplicates of such
24 process, certified by the registrar as having been served upon him, shall
25 be sufficient evidence of service upon him under said power of attorney.
2() The court in which the action is pending may order such continuances as
27 may be necessary to afford the defendant reasonable opportunity to
28 defend the action.
1 Section 3E. The fee of two dollars paid by the plaintiff under section J^^^.p^^^ ^
2 three C or three 1) to the registrar at the time of the service shall be whentaed
3 taxed in his costs if he prevails in the action or proceeding. The registrar Registrar to
4 shall keep a record of all processes served upon him under said sections processes"^ °*
5 three C and three D, which shall show the day and hour of service. i^^s, 344.
1 Section 3F. The provisions of sections three A to three E, inclusive, uneonstitu-
, , ,' .„ , . . I 11 1 1 I 1 j^ 1 i- tionahty of anj
2 shall be separable, and if any such provision shall be held to be unconsti- of §§3a-3E,
3 tutional, such unconstitutionality shall not affect the validity of the i928!344.
4 remaining provisions thereof.
1 Section 4. [Repealed, 1931, 142, § 3.]
1 Section 5. Everv manufacturer of or dealer in motor vehicles or Motor vehicles
X Kj±-i\^^t.\jxy ^. Aj .T 1 • . 1 owned or con-
2 trailers or motor vehicle bodies or tops and every person engaged in the "■ojjed^by^^^^^
3 business of repairing motor vehicles or trailers, instead of registering each d'e''arrs''or""^'
4 such vehicle owned or controlled by him, may make application for a -"geaie™"'
5 general distinguishing number or mark, and the registrar, if satisfied of f^Jj^f^yj, § 2.
6 the facts stated in the application, may issue to the applicant a certificate jaos, 311. § 3.
7 of registration containing the name and business address of the applicant i«09-|3*'
8 and the general distinguishing number or mark assigned to him, and made 1915. i6^§ 2^
9 in such form and containing such further information as the registrar 1920: 262; § 1.
10 may determine; and all motor vehicles or trailers owned or controlled by J^ig; HI] 1 1;
11 such manufacturer of or dealer in motor vehicles or trailers or motor l^i:^!;!!:
12 vehicle bodies or tops, or by such person engaged in the business of re- 208 Mass. 137.
13 pairing motor vehicles or trailers, shall be regarded as registered under 225 Mass. 281.
14 such general distinguishing number or mark until sold or let for hire or 241 Mass! 559:
15 loaned for a period of five successive days; provided, that number plates 254 MaS: 79. '
1() furnished as hereinafter provided are properly displayed thereon. The '^^^ ^^^^ ^°^-
17 registrar shall, upon pajonent of the fee provided in section thirty-three,
18 furnish at his office to every manufacturer of or dealer in motor vehicles or
19 trailers or motor vehicle bodies or tops, and to every person engaged in
20 the business of repairing motor vehicles or trailers, whose vehicles are
21 registered in accordance with this section, such number of pairs of number
22 plates as he may request in writing of suitable design having displayed
23 upon them the register number which is assigned to the vehicles of such
24 manufacturer, dealer or person, with a dift'erent letter or letters or mark
25 on each pair of number plates. Number plates furnished hereunder shall,
26 except as provided by section nine, be valid only for the year for which
992
MOTOR VEHICLES.
[Chap. 90.
they are issued. Every registration under this section shall expire at 27
midnight on December thirty-first of each year. The word "dealer", for 28
the purposes of the registration of motor vehicles or trailers under any 29
provision of this chapter, may include, in the discretion of the registrar, 30
a person whose principal business is financing the purchase of or insuring 31
motor vehicles, but only in respect to such vehicles as such person may 32
take in possession by foreclosure or subrogation of title and all the pro- 33
visions of this chapter relating to certificates of registration of dealers 34
shall apply to certificates issued to such a person under this provision. 35
Number plates.
1903, 473,
§§1.3.
1905, 311, § 2.
1906, 412, § 8.
1907, 580, § 1.
1908, 648, § 3.
1909, 534,
§§ 5,6,31.
1910, 60.5, § 2.
1914,420, § 1.
1919, 294, § 4.
1920, 432.
1922, 342, 5 1.
1931, 142, §4.
206 Mass. 516.
238 Mass. 318.
241 Mass. 557.
254 Mass. 110.
Brakes and
other equip-
ment.
1903, 473,
§§ 10, 11.
1909, 534,
§S7, 31.
191.5, 16, § 3,
1918, 17.
1919, 212,
1921, 189
483.
1922, 342,
1923, 335,
1928, 328,
§§ 1,2.
1929, 43.
190 Mass. M.
202 Mass. 443,
229 Mass. 19.
237 Mass. 328,
257 Mass. 530,
5 1.
434
5:
Section 6. Every motor vehicle or trailer registered under this chap- 1
ter when operated in or on any way in this commonwealth shall have its 2
register number displayed conspicuously thereon on the two number 3
plates furnished by the registrar in accordance with section two or five or 4
on temporary number plates authorized by the registrar as hereinafter 5
provided, one number plate to be attached at the front and the other at 6
the rear of said vehicle, so that the said number plates and the register 7
number thereon shall be always plainly visible. The said number plates 8
shall be kept clean and the numbers legible, and during the period when 9
the vehicle is required to display lights the rear register number shall be 10
illuminated so as to be plainly visible at a distance of sixty feet. No 11
number plates other than such as are procured from the registrar or such 12
as may be authorized by him for temporary use, except as provided in 13
section three, shall be displayed on any motor vehicle or trailer so op- 14
erated; provided, that a motor vehicle or trailer which by reason of its 15
interstate operation is registered in this commonwealth and elsewhere 16
may display the register number plates of this and any other state or 17
country in which it is registered, if, while being operated on the ways of 18
this commonwealth, the number plates furnished by the registrar, or 19
temporary number plates authorized by him as hereinafter provided, are 20
displayed as required hereby. If any number plate supplied by the regis- 21
trar is lost or mutilated or if the register number thereon becomes illegible, 22
the owner or person in control of the vehicle for which said number plate 23
was furnished shall make application for a new number plate, and there- 24
upon the registrar shall issue to such applicant a permit allowing him to 25
place a temporary number plate bearing his register number on said 26
vehicle until a number plate of the regular design is made and delivered 27
to said applicant; provided, that all such temporary number plates and 28
the register numbers thereon shall conform to the regular number plates 29
and be displayed as nearly as may be as herein provided for said regular 30
number plates. 31
Section 7. Every motor vehicle operated in or upon any way shall 1
be provided with brakes adequate to control the movement of such 2
vehicle and conforming to rules and regulations made by the registrar, 3
and such brakes shall at all times be maintained in good working order. 4
Every automobile shall be provided with at least two braking systems, 5
each with a separate means of application, each oix-rating directly or 6
indirectly on at least two wheels and each of which shall suflice alone to 7
stop said automobile within a proper distance as defined in said rules and 8
regulations; provided, that if said .systems are connected, combined or 9
have any part in common, such systems shall be so constructed that a 10
breaking of any one element thereof will not leave the automobile without 1 1
brakes acting directly or indirectly on at least two wheels. One braking 12
Chap. 90.] motor vehicles. 993
13 system shall be so constructed that it can be set to hold the automobile 260 Mass. im.
14 stationary. Every motor cycle shall be provided with at least one brake
15 adequate to stop it within a proper distance as defined as aforesaid.
It) E\ery motor vehicie so operated shall be provided with a muffler or other
17 suitaljie device to prevent unnecessary noise and with a suitable bell, horn
IS or other means of signalling, and with suitable lamps; and automobiles
19 shall be provided with a lock, a key or other device to prevent such
20 vehicle from being set in motion by unauthorized persons, or otherwise,
21 contrary to the will of the owner or person in charge thereof. Every
22 automobile operated during the period from one half an hour after sunset
2o to one half an hour before sunrise shall display at least two white lights,
24 or lights of yellow or amber tint, or, if parked within the limits of a way,
25 one white light on the side of the automobile nearer the centre of the way,
2G and every motor c,\cle so operated at least one white light, or light of
27 yellow or amber tint, and every such motor cycle with a side-car at-
28 tached, in addition, one such light on the front of the side-car, and every
29 motor truck, trailer and commercial motor vehicle used solely as such,
30 having a carrying capacity of three tons or over, in addition, a green light
31 attached to the extreme left of the front of such vehicle, so attached and
32 adjusted as to indicate the extreme left lateral extension of the vehicle or
33 load, which shall in all cases aforesaid be visible not less than two hundred
34 feet in the direction toward which the vehicle is proceeding or facing;
35 and every such motor vehicle shall display at least one red light in the
36 reverse direction; provided, that an automobile need display no light
37 when parked within the limits of a way in a space in which unlighted
38 parking is permitted by the rules or regulations of the board or officer
39 having control of such way. Every automobile so operated shall have a
40 rear light so placed as to show a red light from behind and a white light so
41 arranged as to illuminate and not obscure the rear register number. No
42 headlamp shall be used upon any motor vehicle so operated unless such
43 lamp is equipped with a lens or other device, approved by the registrar,
44 designed to prevent glaring rays. No rear lamp shall be used upon any
45 motor vehicle so operated unless approved by the registrar. Application
46 for the approval of a lens, or other device, or of a rear lamp, accompanied
47 by a fee of fifty dollars, may be made to the registrar by any manufacturer
48 thereof or dealer therein. Every automobile used for the carriage of
49 passengers for hire, and every commercial motor vehicle or motor truck,
50 so constructed, equipped or loaded that the person operating the same is
51 prevented from ha\ing a constantly free and unobstructed view of the
52 highway immediately in the rear, shall have attached to the vehicle a
53 mirror or reflector so placed and adjusted as to aftord the operator a clear,
54 reflected view of the highway in the rear of the vehicle.
1 Section 7A. The registrar shall include in the rules and regulations Periodic
2 prepared by him under section thirty-one, rules and regulations pro- STS'
3 viding for the periodic inspection of all motor vehicles and trailers,
4 for the purpose of determining whether they are properly equipped
5 and maintained in good working order, as required by the preceding
6 section.
1 Section 8. Application for license to operate motor vehicles may be License to
2 made by any person; but before such a license is granted the applicant iqos'^Its, §4.
3 shall pass such examination as to his qualifications as the registrar shall Jgos; els', § !
4 require, and no license shall be issued until the registrar or his author- ^I's's^i**'
994
MOTOR VEHICLES.
[Cnxp. 90.
1910, 605, § 3.
1915, 10. 51-
1921, 403, § 1.
1923. 4134, 5 3.
1925, 283.
209 Mass, 155.
213 Mass. 660.
217 Mass. 91.
261 Mass. 228.
265 Mass. 408.
273 Mass. 146.
4 Op. A. G. 183,
422.
ized agent is satisfied that the appHcant is a proper person to receive it, 5
and no such license shall be issued to any person under sixteen years of 6
age. To each licensee shall be assigned some distinguishing number or 7
mark, and the licenses issued shall be in such form as the registrar shall 8
determine. They may contain special restrictions and limitations con- 9
cerning the type of motor, horse power, design and other features of the 10
motor vehicles which the licensee may operate. They shall contain the 1 1
distinguishing number or mark assigned to the licensee, his name, place 12
of residence and address, a brief description of him for purposes of 13
identification, and such other information as the registrar shall deem 14
necessary. A person to whom a license to operate motor vehicles has 15
been issued, unless such license contains a special limitation or restric- 16
tion, may operate any registered motor vehicle. Special licenses shall 17
be issued to operators of motor-propelled fire apparatus who are mem- 18
bers of a municipal fire department. Every person licensed to operate 19
motor vehicles as aforesaid shall endorse his usual signature on the 20
margin of the license, in the space provided for the purpose, immediately 21
upon the receipt of said license, and such license shall not be valid until 22
so endorsed. All licenses issued to operators shall be valid for one year 23
only from the date of issue. Every application for an original license 24
filed under this section shall be sworn to by the applicant before a justice 25
of the peace or notary public. 26
Operation of
unregistered or
improperly
equipped
motor vehicles.
1903, 473, § 3.
1909, 534,
§19,31.
1915, 87.
1919, 88;
294, I 3.
1922, 303, § 3.
1928. 187, i 1;
381, I 3.
1929. ISO.
1931,95.
197 Mass. 241.
209 Mass. 155.
213 Mass. 137.
217 Mass. 91.
219 Mass. 396.
227 Mass. 162.
230 Mass. 275.
233 Mass. 105.
236 Mass. 10.
238 Mass. 318.
239 Mass. 596.
250 Mass. 88.
251 Mass. 569.
256 Mass. 30.
258 Mass. 481.
260 Mass. 193.
262 Mass. 475.
263 Mass. 579.
269 Mass. 373,
471.
271 Mass. 23.
273 Mass. 356,
557.
Certain mis-
statements la
applieations
not to affert
registration,
etc.
Section 9. No person shall operate any motor vehicle or draw any
trailer, and the owner or custodian of such a vehicle shall not permit
the same to be operated upon or to remain upon any way except as
authorized by section three, unless such vehicle is registered in accord-
ance with this chapter and carries its register number displayed as
provided in section six, and, in the case of a motor vehicle, is equipped
as provided in section seven, except that any motor vehicle or trailer
may, if duly registered, be operated or remain upon any way between
the hours of twelve o'clock noon on December thirty-first of one year
and twelve o'clock noon on January first of the following year if it 10
carries its register number of either year displayed as provided in section 1 1
six, and except that a tractor or trailer may be operated without such 12
registration upon any way for a distance not exceeding one half mile, 13
if said tractor or trailer is used exclusively for agricultural purposes, 14
or for a distance not exceeding three hundred yards, if such tractor or 15
trailer is used for industrial purposes other than agricultural purposes, 16
for the purpose of going from property owned or occupied by the owner 17
of such tractor or trailer to other property so owned or occupied; but IS
violation of this section shall not constitute a defence to actions of tort 19
for injuries sufl'ered by a person, or for the death of a person, or for 20
injury to property, unless it is shown that the person injured in his 21
person or property or killed was tlie owner or operator of the motor ve- 22
hide the operation of which was in violation of this section, or unless 23
it is shown that the person so injured or killed, or the owner of the prop- 24
erty so injured, knew or had reasonable cause to know that this section 25
was being violated. A motor vehicle or trailer shall be deemed to be 26
registered in accordance with this chapter notwithstanding any mistake 27
in so much of the description thereof contained in the application for 2S
registration or in the certificate required to be filed under section thirty- 29
four B as relates to the engine, serial or maker's number thereof. 30
Chap. 90.] motor vehicles. 995
1 Section 9A. No person shall operate for the carriage of persons for Non-scatter-
2 hire any automohile with a wind sliickl of glass, and the owner or ens- wind sSds,
3 todian of such an automobile shall not permit the same to be operated ly'ao! mTi.'
4 for such purpose, unless such glass is of a type known as non-scatterable
5 glass and approved by the department. The term "non-scatterable
6 glass", as used herein, shall include any glass designed to minimize the
7 likelihood of personal injury from its scattering, when broken.
1 Section 10. No person shall operate a motor vehicle upon any way operation
2 unless licensed under this chapter, except as is otherwise herein pro- ioo3?473,lT'
3 vided ; but this section shall not prevent the operation of motor vehicles §^|%.^3^*.'
4 by unlicensed persons if riding with or accompanied by a licensed operator, JJjJIJ; ^U^; | *;
5 excepting only persons who have been licensed and whose licenses are J^'^^'^"'
6 not in force because of revocation or suspension, persons whose right to ips, 4(34, § 4.
7 operate is suspended by the registrar, and persons less than sixteen years 1930! 332; § 4.
8 of age; but such licensed operator shall be liable for the violation of any i42!'§*5.' **'
9 provision of this chapter, or of any regulation made in accordance here- 208 lllfs. ui'.
10 with, committed by such unlicensed operator; provided, that the ex- |°| l\l^- H^-
1 1 amincrs of operators, in the employ of the registrar, when engaged in 217 Mass. 91.
12 their official duty, shall not be liable for the acts of any person who is 233 Mak 105.
13 being examined. The motor vehicle of a non-resident may be operated 261 Mass. 228!
14 on the ways of the commonwealth in accordance with section three by 265 MaS. 403!
15 its owner or by his chauffeur or employee without a license from the l^l ^l^- fH
16 registrar if the operator is duly licensed under the laws of the state or
17 country where such vehicle is registered, or has complied fully with its
18 la^vs respecting the licensing of operators of motor vehicles and has such
19 license or evidence of such compliance on his person or in the vehicle
20 in some easily accessible place; and a non-resident who holds a license
21 to operate motor vehicles under the laws of the state or country in
22 which he resides, and has the license on his person or in the vehicle in
23 some easily accessible place, may at any time operate, without a license
24 from the registrar, any type of motor vehicle which he is licensed to
25 operate under said license, irrespective of the ownership of such vehicle;
26 provided, that the laws relative to registration are complied with and
27 that, as finally determined by the registrar, his state or country grants
28 substantially similar privileges to residents of this commonwealth and
29 prescribes and enforces standards of fitness for operators of motor
30 vehicles substantially as high as those prescribed and enforced by this
31 commonwealth; but if any such non-resident or his chauffeur or em-
32 ployee be convicted by any court or trial justice of violating any pro-
33 vision of the laws of the commonwealth relating to motor vehicles or
34 to the operation thereof, whether or not he appeals, he shall be there-
35 after subject to and required to comply with all the provisions of this
36 chapter relating to the registration of motor vehicles o^vned by residents
37 of the commonwealth and the licensing of the operators thereof. A
38 record of the trial shall be sent forthwith by the court or trial justice
39 to the registrar.
1 Section 11. Every person operating a motor vehicle shall have the Certificate of
2 certificate of registration for the vehicle and of the trailers, if any, and andTcense°to
3 his license to operate, upon his person or in the vehicle in some easily ope^tor^ ^^
4 accessible place, except that the certificates of registration of dealers f9o|,''47°3"-5 1.
5 need not so be carried. If for any reason the registrar or his agents are isos, 311, § 2.
996
MOTOR \'EHICLES.
[Chap. 90.
1906, 412,
1907, 5S0,
190S, 648.
1909, ,534,
8§11,31.
1919, 294,
1929, 101.
238 Mass.
[Penalty, S
§4,
318.
20.]
unable to issue promptly to an applicant the certificate of registration 6
or the license applied for, they may issue a receipt for the fee paid, and 7
said receipt shall be carried in lieu of the certificate or license as the S
case may be, and for the period of thirty days from the date of its issue 9
said receipt shall have the same force and effect given to the certificate 10
or license by this chapter. If, in compliance with a written demand of 11
the registrar or any of his authorized agents, a certificate of registration 12
or license to operate is returned for inspection or for any other purpose, 13
except for suspension or revocation, such written demand shall be carried 14
in lieu of the certificate or license, as the case may be, and for the period 15
of thirty days from its date said demand shall have the same force and 16
effect given to the certificate or license by this chapter. 17
Employing,
etc., unlicensed,
etc., operator
prohibited.
1903. 473, § 5.
1909, 534,
§§ 12, 31.
Section 12. No person shall employ for hire as an operator any per-
son not licensed in accordance with this chapter. No person shall allow
a motor vehicle owned by him or under his control to be operated by
any person who has no legal right so to do, or in violation of this chapter.
1911, 37.
1915, 16, § 5.
1923, 464, § 5.
1925, 201, § 1.
217 Mass. 91.
234 Mass. 95.
247 Mass. 552.
265 Mass. 408.
273 Mass. 146.
Precautions
for safety
of vehicle.
Section 13. No chauffeur or operator, when operating a motor
vehicle, shall have or permit to be on or in such vehicle or on or about
1909] 534,' ■ his person anything which may interfere with or impede the proper
I^Mass. 312. operation of the vehicle or of any of the machinery or appliances by
265 Mass. 78, .^j^j^j^ ^f-^g yehicle is operated or controlled. No person having control
or charge of a motor vehicle shall allow such vehicle to stand in any way
and remain unattended without first locking or making it fast or effec-
tively setting the brakes thereon, and stopping the motor of said vehicle.
, §5.
Precautions
for safety of
other travelers.
1902, 315,
«2, 3.
1903, 473,
§§7,8. 15.
1909, 534,
§§14,31
1910, eoj,
1914, 190.
1917, 200.
1925, 305.
1928, 166.
187 Mass. 221.
190 Mass. 54.
191 Mass. 439.
199 Mass. 490.
206 Mass. 516.
225 Mass. 402.
226 Mass. 140.
228 Mass. 253.
229 Mass. 53.
231 Mass. 243.
237 Mass. 206.
241 Mass. 580.
243 Mass. 10.
244 Mass. 313.
247 Mass. 270.
250 Mass. 258.
253 Mass. 603.
257 Mass. 272.
258 Mass. 234.
259 Mass. 191.
260 Mass. 206.
263 Mass. 252.
265 Mass. 128,
472.
267 Mass. 70.
270 Mass. 213.
271 Mass. 274,
421.
272 Mass. 165.
273 Mass. 7,
13. 40.
Section 14. Every person operating a motor vehicle shall bring the
vehicle and the motor propelling it immediately to a stop when ap-
proaching a horse or other draft animal being led, ridden or driven, if
such animal appears to be frightened and if the person in charge thereof
shall signal so to do; and, if traveling in the opposite direction to that
in which such animal is proceeding, said vehicle shall remain stationary
so long as may be reasonable to allow such animal to pass ; or, if traveling
in the same direction, the person operating shall use reasonable caution
in thereafter passing such animal. In approaching or passing a car of
a street railway which has been stopped to allow passengers to alight
from or board the same, the person operating a motor vehicle shall not
dri\'e such vehicle within eight feet of the running board or lowest step
of the car then in use by passengers for the purpose of alighting or board-
ing, except by the express direction of a traffic officer or except at points
where passengers are protected by safety zones. Upon approacliing a
pedestrian who is upon the traveled part of any way and not upon a
sidewalk, every person operating a motor vehicle shall slow down. ^ The
person operating a motor vehicle on any way upon approaching an inter-
secting way or a curve or a corner in said way where his view is obstructed
shall slow down and upon approaching any junction of said way with
an intersecting way before turning into the same shall slow down and
keep to the right of the intersection of the center lines of both ways or
extensions thereof, when turning to the right, and shall pass to the right
of the intersection of the center lines of said ways or extensions thereof
before turning to the left.
1
2
o
O
4
.5
6
7
8
2
o
O
4
5
6
7
8
9
10
11
12
13
14
l.">
IG
17
18
19
20
21
22
23
24
25
Chap. 90.] motor vehicles. 997
1 Section 1.5. Every person operating a motor vehicle, upon approach- Precautions at
2 inn; a railroad crossing at grade, shall reduce the speed of the vehicle to a [nKs™
3 reasonable and proper rate, and shall proceed cautiously over the cross- aw'^Mats'. 95^'
4 ing. Whoever violates any provision of this section shall be punished 273 .\ials' 277'
5 by a fine of not less than ten nor more than fifty dollars.
1 Section 16. No person shall operate a motor vehicle, nor shall any ofronsiveor
2 owner of such \-ehicle permit it to be operated, in or over any way, liirproWbUed.
3 public or private, whether laid out under authority of law or otherwise, {909; l^l]
4 which motor vehicles are prohibited from using, provided notice of loio^eos, § 5
5 such prohibition is conspicuously posted at the entrance to such way. joj*' '^o.
6 No person operating a motor vehicle shall in a thicklv settled or busi- iwsi 212^ § 2.
. . ' 199 Mass 490
7 ness district o])en the muffler cut-out or sound a bell, horn or other m2.
8 device for signalling so as to make a harsh, objectionable or unreason- iss."'
9 able noise, or at any time permit such motor vehicle to make any un- [Penalty, § 20.]
10 necessary noise, by opening the muffler cut-out, or otherwise, or permit
11 any unreasonable amount of smoke to escape from such vehicle. No
12 person shall use on or in connection with any motor vehicle a spot light,
13 so called, the rays from which shine more than two feet abo\'e the road
14 at a distance of thirty feet from the vehicle, except that such a spot light
1.5 may be used for the purpose of reading signs, and as an auxiliary light
10 in cases of necessity when the other lights required by law fail to operate.
1 Section 17. No person operating a motor vehicle on any way shall ini'i|'^3'i™''|i
2 run it at a rate of speed greater than is reasonable and proper, having J^^^'i*^'^'
3 regard to traffic and the use of the way and the safety of the public. It i90fi', 412, § 1.
4 shall be prima facie evidence of a rate of speed greater than is reason- §§ li. 31.'
5 able and proper as aforesaid if a motor \-ehicle is operated on any way 193?; 201I
6 outside of a thickly settled or business district at a rate of speed ex- J99 JJiJss; 490;
7 ceeding thirty miles per hour for the distance of a quarter of a mile, 'fl\ ^^^ g|g
8 or inside a thicklv settled or business district at a rate of speed exceed- 214 Mass. 267.
» . . . 217 Mass. 179.
9 ing twenty miles per hour for the distance of one eighth of a mile, or in 219 Mass! si.'
10 any place where the operator's view of the road traffic is obstructed 231 Mast 243'.
1 1 either upon approaching an intersecting way, or in traversing a crossing 241 m^'. ssa
12 or intersection of ways, or in going around a corner or a curve in a way,
13 at a rate of speed exceeding fifteen miles per hour.
246 Mass. 518. 260 Mass. 206. 268 Mass. 590.
257 Mass. 212. 272. 261 Mass. 60. 271 Mass. 362.
258 Mass. 234. 263 Mass. 252. 272 Mass. 256.
259 Mass. 191. 266 Mass. 220. 3 Op. A. G. 26.
[Penalty, § 20.]
1 Section 18. The city council or the selectmen and park commis- special speed
2 sioners, on ways within their control, may make special regulations as to igos^lTsl^S 14.
3 the speed of motor vehicles and as to the use of such vehicles upon par- j^y j Ifg; 1 1;
4 ticular wavs, and mav prohibit the use of such vehicles altogether on f,\r!:.l,^,
• ^ ,.*., . . . ~ IIMIS, Zoo.
5 certain ways; provided, that no such special regulation shall be effec- 1909,534,
G tive unless it shall have been published in one or more newspapers, if 1928. ■.357, § 8.
7 there be any, published in the town in which the way is situated, other- 191 mS: 439!
8 wise in one or more newspapers published in the county in which the ^^^ '^'='^'*- *^°-
9 town is situated ; nor unless notice of the same is posted conspicuously |j7 ^i^g; f |*'
10 by the town or park commissioners making the regulation at points po '^'^^^q^ 7S
11 where any way aft'ected thereby joins other ways; nor until after the 4 0p. a. g. 7.
12 department of public works shall have certified in writing, after a pub- [Penalty, §20.1
13 lie hearing, that such regulation is consistent with the public interests;
14 and no regulation shall be valid which excludes motor vehicles from any
242 Mass. 219.
244 Mass. 313.
998
MOTOR VEHICLES.
[Chap. 90.
state highway or from any main highway leading from any town to an- 15
other; provided, that nothing herein contained shall be construed as 16
affecting the right of the metropolitan district commission to make rules 17
and regulations governing the use and operation of motor vehicles on 18
lands, roadways and parkways under its care and control. The alder- 19
men or the selectmen may, after a public hearing, upon special occa- 20
sions and subject to such regulations concerning the closing, use and 21
control of the way as they deem necessary for public con\-enience and 22
safety, grant permits to persons to drive motor vehicles in hill-climbing 23
contests during a specified time and upon specified parts of a public way 24
at any rate of speed. 25
Dimensions of
motor trucks
and trailers.
1919, 252,
55 1.2.
1925, 180, § 1.
1927, 72.
1929, 313.
1930, 297.
1931, 138, I 2.
366 Mass. 220.
Op. A. G.
(1919) 57.
[Penalty, § 20,]
Section 19. No motor vehicle or trailer, the outside width of which 1
is more than ninet.\'-six inches or the extreme over-all length of which is 2
more than twenty-eight feet, shall be operated on any way without a 3
special permit so to operate from the board or officer having charge of 4
such way or, in case of a state highway or a way determined by the de- 5
partment of public works to be a through route, from said department; 6
provided, that such width may be exceeded by the lateral projection of 7
pneumatic tires beyond the rims of the wheels for such distance on 8
either side of the vehicle or trailer as will not increase its outside width 9
above one hundred and two inches; and provided, further, that the 10
extreme over-all length of a semi-trailer unit, wherever used, may ex- 11
ceed twenty-eight feet but not forty feet, and such length of any other 12
motor vehicle, or any trailer, when used in localities or on ways desig- 13
nated by the said department may exceed twenty-eight feet but not 14
thirty-three feet, except in either case as authorized by a special permit 15
granted as aforesaid, and that, when used for the transportation of poles 16
or single units of lumber or metal, such length may exceed twenty- 17
eight feet but not sixty feet, except as authorized by a special permit 18
granted as aforesaid. The aforesaid dimensions of width and length 19
shall be inclusive of the load. No semi-trailer unit shall be operated on 20
any way to draw any trailer or other vehicle except as authorized by a 21
special permit granted as aforesaid or except in localities or on ways 22
designated by said department, and in such localities or on such ways 23
not more than one trailer or other vehicle shall be so drawn except as 24
authorized by a special permit granted as aforesaid; and no other motor 25
vehicle shall be operated on any way to draw more than one trailer or 26
other vehicle. 27
§6.
Penalties and
punishments.
1902, 315, § 5.
1903, 473,
§§9, 15.
1905, 311, § 5.
1906, 353, § 3;
412. 5 3.
1907, 203.
1908, 648,
1909, 534.
55 18, 31.
1913, 116.
1916, 19.
1919. 212, § 3;
252, 5 3.
1922, 130.
219 Mass. 396.
242 Mass. 367.
247 Mass. 552.
273 Mass. 557,
Section 20. Any person convicted of a violation of any provision 1
of this chapter the punishment for which is not otherwise provided, or 2
of a violation of any rule or regulation of the registrar made under an- 3
thority of section thirty-one, or of a violation of a special speed regu- 4
lation lawfully made under authority of section eighteen, shall be punished 5
by a fine of not more than twenty-five dollars for the first ofi'ence, not 6
less than twenty-five nor more than fifty dollars for a second offence, 7
and not less than fifty nor more than one hundred dollars for subsequent 8
offences committed during any period of twelve months; provided, that 9
any person convicted of using a spot light, as prohibited by section six- 10
teen, shall be punished by a fine of not less than twenty nor more than 11
one hundred dollars, and that any person convicted of operating a motor 12
vehicle or trailer in violation of the ])receding section or of the terms of 13
any permit granted thereunder shall be punished by a fine of not more 14
Chap. 90.] motor vehicles. 999
15 than one hundred dollars. A complaint against a person for the violation
1() of section ele\en or seventeen or of a regulation made under section
17 eighteen may be placed on file at the discretion of the court or trial justice
IS if the violation appears to have been unintentional or if no person or
19 property could have been endangered thereby. I'pon a third or sub-
20 sequent conviction in the same year of a violation of section seventeen
21 or of a regulation made under section eighteen the registrar shall forth-
22 with revoke the license of the person so convicted, and no new license
23 shall be issued to such person for at least thirty days after the date of
24 such conviction, nor thereafter except in the discretion of the registrar.
1 Section 21. Any officer authorized to make arrests may arrest with- Arrest.
2 out warrant and keep in custody for not more than twentv-four hours, i907. 494.
3 unless Sunday intervenes, any person operating a motor vehicle on any §§ 19,31.'
4 way who does not have in his possession a license to operate motor ve- I93}; HI]
5 hides granted to him by the registrar, and who violates any statute, ^^^li^^ ggg
6 by-law, ordinance or regulation relating to the operation or control of
7 motor vehicles; and at or before the expiration of said period of time
8 such person shall be brought before a magistrate and proceeded against
9 according to law. An investigator or examiner appointed under section
10 twenty-nine, may arrest without warrant, keep in custody for a like
11 period, bring before a magistrate and proceed against in like manner,
12 any person operating a motor vehicle w'hile under the influence of in-
1.3 toxicating liquors, irrespective of his possession of such a license. Any
14 person operating a motor vehicle who is arrested as aforesaid and solely
15 because he has violated a provision of section seventeen or a regulation
16 under section eighteen shall be admitted to bail for his appearance in
17 court upon the deposit of one hundred dollars in cash with any person
18 authorized to take bail, in lieu of furnishing a surety or sureties.
1 Section 22. The registrar may suspend or revoke any certificate of f^voratTo^oT
2 registration or any license issued under this chapter, after due hearing, J;ggjgfr*'atk.n°'
3 for any cause which he may deem sufficient, and he may suspend the ncensai^etc
4 license of any operator or the certificate of registration of any motor igos! 311! § 5.
5 cycle in his discretion and without a hearing, and may order the license igos! 648!
6 or registration certificate to be delivered to him, whenever he has reason 1909, 534,
7 to believe that the holder thereof is an improper or incompetent person f|i|%g^'
8 to operate motor vehicles, or is operating improperly or so as to endanger J-jis. 16^5^6^
9 the public; and neither the certificate of registration nor the license 269 Mass'. 177.
10 shall be reissued unless, upon examination or investigation, or after a
11 hearing, the registrar determines that the operator should again be
12 permitted to operate. The registrar, under the same conditions and
13 for the same causes, may also suspend the right of any person to operate
14 motor vehicles in the commonwealth under section ten until he shall
15 have received a license from the registrar.
1 Section 23. Any person convicted of operating a motor vehicle illegal
2 after his license to operate has been suspended or revoked or after notice cono-ai'ment
3 of the suspension of his right to operate a motor vehicle without a license 1903^473^1 9.
4 has been issued by the registrar and received by such person or by his Jgoe, II2'. 1 1'.
5 agent or employer and prior to the restoration of such license or right to JjJJjS' |*8' 5 6.
6 operate or to the issuance to him of a new license to operate, and any §| 21. 3i.
^ . 1 r> • • ■ • il 1915, ID,
7 person convicted 01 operatmg or causmg or permitting any other person §§6,7; 19.
1000 MOTOR VEHICLES. [ChAP. 90.
IPs' ^01 2 ^^ operate a motor vehicle after the certificate of registration for such 8
1926! 267] § 2- \'ehicle has been suspended or revoked and prior to the restoration of 9
such registration or to tiie issuance of a new certificate of registration for 10
such vehicle, shall, except as provided by section twenty-eight of chapter 11
two hundred and sixty-six, be punished for a first offence by a fine of not 12
less than fifty nor more than one hundred dollars or by imprisonment 13
for not more than ten days, or both, and for any subsequent offence by 14
imprisonment for not less than ten days nor more than one year, and any 15
person who attaches or permits to be attached to a motor vehicle a 16
number plate assigned by the registrar to another vehicle, or who ob- 17
scures or permits to be obscured the figures on any number plate at- 18
tached to any motor vehicle, or who fails to display on a motor vehicle 19
the number plate and the register number duly issued therefor, with 20
intent to conceal the identity of such motor vehicle, shall be punished 21
by a fine of not more than one hundred dollars or by imprisonment for 22
not more than ten days, or both. 23
MthonzecT"' SECTION 24. Whoever upon any way, or in any place to which the 1
or drunken public has a right of access, operates a motor vehicle recklessly, or while 2
Fraud in Under the influence of intoxicating liquor, or negligently so that the 3
withlicense. Hvcs or Safety of the public might be endangered, or upon a bet or wager 4
floe! 412. 1 4. or in a race, or whoever operates a motor vehicle for the purpose of 5
1909; ttf, ^ ^' making a record and thereby violates any provision of section seventeen 6
llil^'m or ^ny regulation under section eighteen, or whoever without stopping 7
1916! 29o: and making known his name, residence and the number of his motor 8
1925:201; §3; vehicle goes away after knowingly colliding with or otherwise causing 9
1926,253; 296. injury to any other vehicle or property, or whoever uses a motor vehicle 10
28i*'m.^'^^' without authority kiaowing that such use is unauthorized, or whoever 11
liiVa^st; 232. loans or knowingly permits his license to operate motor vehicles to be 12
%i Mass 489' "^^"^ by another person, or whoever makes false statements in an appli- 13
226 Mass. 189. catioii for such a license or falsely impersonates the person named in 14
240 Mass. 211. ,. . ' i .> t • \- \ j.1 s i r
242 Mass. 532. sucli an application, or procures such false impersonation, whether oi 15
250 Mass; i2s; himsclf or of another, shall be punished by a fine of not less than twenty 16
isi'Mats. 71, nor more than two hundred dollars or by imprisonment for not less 17
254 Mass. .566. than two weeks nor more than two years, or both; except that for an IS
257 Mass. 198, oft'encc of Operating a motor vehicle while under the influence of intoxi- 19
258 Mass. 98, eating liquor committed within a period of six years immediately following 20
261 Mass. 309, his final conviction of a like offence by a court or magistrate of the com- 21
263'Mass. 22. mouwcalth, a person shall be punished by imprisonment for not less 22
173 Mass! Hit; than one month nor more than two years. Before a magistrate or other 23
op'a^^g'^'*™' officer authorized to receive complaints in criminal cases reduces a com- 24
(1919) 82. plaint to writing, or before a prosecuting officer presents evidence to 25
e?cTaiTo pr"e'- the grand jury, charging a person with having operated a motor vehicle 20
virtion°° while under the influence of intoxicating liquor, he shall communicate 27
with the office of the registrar, and shall inquire as to whether there is 28
in said office any record or other information tending to show that such 29
person has been finally coin-icted of a like offence by a court or magistrate 30
of the commonwealth within a period of six years immediately preceding 31
the commission of the offence with which he is charged, and if it shall 32
appear to such magistrate or other officer, or to the grand jury, as the 33
case may be, that such penson has so been convicted, the complaint or 34
indictment shall contain an averment to that effect which shall specify 35
Penalty for such court or magistrate and the date of such conviction. Any person 36
et'c.,''aft'e'r'" ' who Operates a motor vehicle upon any way, or in any place to which 37
collision, etc.
Chap. 90.] motor vehicles. 1001
38 the public has a right of access, and who, without stopping and making
39 known his name, residence and the number of his motor vehicle, goes
40 away after knowingly colliding with or otherwise causing injury to any
41 person, shall be punished by imprisonment for not less than two months
42 nor more than two years. A conviction of a violation of this section Revocation of
43 shall be reported forthwith by the court or magistrate to the registrar, convictron°°etc.
44 who may in any event and shall, unless the court or magistrate recom-
45 mends otherwise, revoke immediately the license of the person so con-
46 victed, and no appeal from the judgment shall operate to stay the rev-
47 ocation of the license. If it appears by the records of the registrar that
48 the person so convicted is the owner of a motor vehicle or has exclusive
49 control of any motor vehicle as a manufacturer or dealer, the registrar
50 may revoke the certificate of registration of any or all motor vehicles so
51 owned or exclusively controlled. The registrar in his discretion may issue
52 a new license to any person acquitted in the appellate court, or after
53 an investigation or upon hearing may issue a new license to a person
54 convicted in any court; provided, that no new license shall be issued
55 by the registrar to any person convicted of operating a motor vehicle
5tJ while under the influence of intoxicating liquor until one year after the
57 date of final conviction, if for a first offence, or five years after any sub-
58 sequent conviction, and to any person convicted of violating any other
59 provision of this section until sixty days after the date of final conviction,
60 if for a first offence, or one year after the date of any subsequent con-
61 viction; and provided, further, that notwithstanding the foregoing, no
62 new license shall be issued by the registrar to any person convicted of
63 operating a motor vehicle while under the influence of intoxicating
64 liquor, until ten years after the date of final conviction, in case the
65 registrar determines, upon investigation and after a hearing, that the
66 action of the person so convicted in committing such offence caused an
67 accident resulting in the death of another, nor at any time after a sub-
68 sequent final conviction of a like oft'ence, in case the registrar determines
69 in the manner aforesaid that the action of such person so subsequently
70 convicted in committing such subsequent offence caused an accident
71 resulting in the death of another. The prosecution of any person for Prosecutions
72 operating a motor vehicle while under the influence of intoxicating motor"eh^fe
73 liquor, if the offence is committed within a period of six years immedi- .^auence'^of
74 ately following his final conviction of a like offence by a court or magis- ifq™?*^'"?
75 trate of the commonwealth, shall not in any event be placed on file or ^'Xequent"^
76 otherwise disposed of except bv trial, judgment and sentence according offence, etc.,
__ , , ^ „ f . " , •' ,. 1 11 ^1 ^- e disposition, etc,
u to the regular course of crimmal proceedmgs, nor shall the execution or
78 the sentence for such later offence be suspended under section one of
79 chapter two hundred and seventy-nine. The prosecution for the viola-
80 tion of any other provision of this section, if a second or subsequent
81 offence, shall not, unless the interests of justice require such disposition,
82 be placed on file or otherwise disposed of except by trial, judgment and
83 sentence according to the regular course of criminal proceedings; and
84 such a prosecution shall be otherwise disposed of only on motion in
85 writing, stating specifically the reasons therefor, and verified by affidavit
86 if facts are relied on. If the court or magistrate certifies m writing that
87 he is satisfied that the reasons relied upon are sufficient and that the
88 interests of justice require the allowance of the motion, the motion shall
89 be allowed, and the certificate shall be filed in the case. A copy of the
90 motion and certificate shall be sent by the court or magistrate forthwith
91 to the registrar.
1002
MOTOR VEHICLES.
[Chap. 90.
Motor vehicles
used in com-
mission of
crimes,
reports to
registrar.
1926,361, § 1.
Section 24A. If a motor vehicle is used in connection with the com- 1
mission of a felony, of any larceny, or of any offence punishable under any 2
provision of sections twenty-two, one hundred and thirteen to one hun- 3
drcd and seventeen, inclusive, and one hundred and twenty of chapter 4
two hundred and sixty-six, of which a person is convicted, the material 5
facts relative to such use, including the registration number of the vehicle, 6
so far as disclosed in the proceedings, shall be reported forthwith to the 7
registrar by the clerk of the court in which or by the trial justice before 8
whom the conviction occurs. 9
Refusal to
obey officer
penalized.
1906. 412,
§§6.7.
1909, 534,
§5 23.31.
Section 25. Any person who, while operating or in charge of a motor 1
vehicle, shall refuse, when requested by a police officer, to give his name 2
and address or the name and address of the owner of such motor vehicle, 3
or who shall give a false name or address, or who shall refuse or neglect 4
to stop when signalled to stop by any police officer who is in uniform or 5
who displays his badge conspicuously on the outside of his outer coat 6
or garment, or who refuses, on demand of such officer, to produce his 7
license to operate such vehicle or his certificate of registration, or to permit 8
such officer to take the license or certificate in hand for the purpose of 9
examination, or who refuses, on demand of such officer, to sign his name 10
in the presence of such officer, and any person who on the demand of an 11
officer of the police or other officer mentioned in section twenty-nine or 12
authorized by the registrar, without a reasonable excuse fails to deliver 13
his license to operate motor vehicles or the certificate of registration of any 14
motor vehicle operated or owned by him or the number plates furnished 15
by the registrar for said motor vehicle, or who refuses or neglects to pro- 16
duce his license when requested by a court or trial justice, shall be pun- 17
ished by a fine of not less than twenty-five nor more than one hundred 18
dollars. 19
Reporting
accidents.
1913, 530.
1917, 186.
270 Mass. 7.
Section 26. Every person operating a motor vehicle which is ''^ any 1
manner involved in an accident in which any person is killed or injured 2
shall forthwith report in writing to the registrar. The registrar may 3
revoke or suspend the license of any person violating this section. 4
Court records.
1905. 311, 5 6.
1906. 412. § 5.
1907. 408.
1909. 534,
§§24, 31.
Section 27. A full record shall be kept by every court and trial 1
justice of every case in which a person is charged with a violation of any 2
provision of this chapter, and an abstract of such record shall be sent 3
forthwith by the court or trial justice to the registrar. Said abstracts 4
shall be made upon forms prepared by the registrar, and shall include all 5
necessary information as to the parties to the case, the nature of the 6
offence, the date of the hearing, the plea, the judgment and the result; 7
and every such abstract shall be certified by the clerk of the court or by 8
the trial justice as a true abstract of the record of the court. The registrar 9
shall keep such records in his main office, and they shall be open to the 10
inspection of any person during reasonable business hours. Courts and 11
trial justices shall, upon their own initiative or upon the request of the 12
registrar or his agents, furnish to the registrar the details of all particularly 13
flagrant cases which may be heard before them; and they may make 14
such recommendations to the registrar as to the suspension or revocation 15
of the licenses and certificates of registration of the defendants in such 16
cases as they may deem necessary. 17
Chap. 90.] motor vehicles. 1003
1 Section 28. Any person aggrieved by a ruling or decision of the Appeals and
2 registrar may, witiiin ten days thereafter, appeal from such ruling or i905,°|u, § i.
3 decision to the department of public works, which may, after a hearing, mi; PJi[ ^ ^'
4 order such ruling or decision to be affirmed, modified or annulled, but iliu'Jalo.
5 no such appeal siiall operate to stay any ruling or decision of the registrar. ,y22%02.
6 In the administration of the laws and regulations relative to motor l^^ff^lXH-
7 vehicles the commissioner or an associate commissioner of the depart-
8 ment, or an employee thereof, if duly authorized by a writing filed in the
9 office of the department, or the registrar, may summon witnesses in
10 behalf of the commonwealth and may administer oaths and take testi-
11 niony. The department or the registrar may also cause depositions to be
12 taken, and may order the production of books, papers, agreements and
13 documents. Any person who swears or affirms falsely in regard to any
14 matter or thing respecting which an oath or affirmation is required by the
1.5 department or by the registrar or by this chapter shall be deemed guilty
16 of perjury. The fees for the attendance and travel of witnesses shall be
17 the same as for witnesses in civil actions before the courts, and shall be
18 paid by the commonwealth upon the certificate of the department or the
19 registrar filed with the comptroller. The supreme judicial or superior
20 court may, upon the application of the department or the registrar,
21 enforce all lawful orders of the department or the registrar under this
22 section.
1 Section 29. The registrar shall appoint competent persons to act o?^|u"fg"f "^
2 as investigators and examiners, may remove them for cause, and may .accidents.
3 define their duties. He may also appoint, and for cause remove, a deputy trar, investi-
4 registrar and an assistant to the registrar, and may delegate to such inos'^^Msrs 2.
5 deputy and assistant the performance of any duty imposed upon the §§''l6,*li*,'
6 registrar by any provision of this chapter. Said investigators and ex- }^^|; Hf^ 5 7
7 aminers, with respect to the enforcement of the laws relating to motor jgog'iao'*^*'
8 vehicles, shall have and exercise throughout the commonwealth all the 1931! 426, §204.
• '■* 50 "Mass 445
9 powers of constables, except the service of civil process, and of police 270 Mass! 7.
10 officers, including the power to arrest any person who violates any pro-
11 vision of this chapter, and they may serve all processes lawfully issued by
12 the courts, the department in the exercise of its functions under this
13 chapter or the registrar. The registrar may investigate the cause of any
14 accident in which any motor vehicle is involved, and for this purpose may
15 send his investigators into other states. The selectmen of any town and
16 the mayor of any city of less than one hundred thousand inhabitants where
17 there is no police commission or police commissioner, and the police com-
18 mission or police commissioner, when such exist, of any such city, may
19 appoint special constables, who shall serve without cost to such city or
20 town and who shall have all the powers of police officers and constables in
21 relation to the enforcement of all laws and regulations concerning motor
22 vehicles. The chief officer of the police department of every city and
23 town and the chairman of the selectmen of such towns as have no regular
24 police department shall notify the registrar forthwith, upon blanks fur-
25 nished by him, of the particulars of every accident referred to in section
26 twenty-six which happens within the limits of his city or town in which
27 a motor vehicle is involved, together with such further information rela-
28 tive to such accident as the registrar may recjuire, and shall also, if
29 possible, ascertain the name of the person operating such vehicle and
30 notify the registrar of the same. Every such officer, upon the request of
1004
MOTOR VEHICLES.
[Chap. 90.
the registrar, shall demand forthwith the license of any operator and the 31
certificate of registration and number plates of any motor vehicle situ- 32
ated within the city or town where such officer resides when said license 33
or certificate has been suspended or revoked by the registrar, and shall 34
forward the same to the registrar. Whenever the death of any person 35
results from any such accident, the registrar shall suspend forthwith the 36
license of the person operating the motor vehicle invoh'ed in said accident, 37
and shall order the said license to be delivered to him; and the registrar 38
shall revoke the same unless, upon investigation and after a hearing, he 39
determines that the accident occurred without serious fault upon the part 40
of the operator or chauffeur of such motor vehicle. No operator whose 41
license is revoked under this section shall be licensed again within six 42
months after the date of the suspension, nor thereafter except in the dis- 43
cretion of the registrar. 44
Records of
registrar.
Destruction <
records, etc.
1909, 534,
§§26, 31.
1911, 38.
1917, 4.
1923, 464, § !
Rules and
regulations.
1906, 3.53,
§§1,2,4.
1909, 534
§§27,31.
1919, 350,
§ 110.
257 Mass. 530.
[Penalty, I 20.)
Section 30. A proper record of all applications and of all certificates
and licenses issued shall be kept by the registrar at his main office, and
such records shall be open to the inspection of any person during reason-
able business hours. The registrar may issue a certified copy, attested
by him or his authorized agent, of any certificate of registration or of any
license to operate motor vehicles which may have been lost or mutilated,
upon the written request of the person entitled thereto ; and such certified
copies shall have the same force and effect as the originals. Certified
copies of such records of the registrar, attested by the registrar or his
authorized agent, shall be admissible as evidence in any court of the com-
monwealth to prove the facts contained therein. The registrar may de-
stroy applications under this chapter and copies of the licenses and certifi-
cates of registration issued by him, and all letters reporting accidents or
])apers relating thereto, excepting those of the then current year and the
year next preceding. He may destroy or dispose of any obsolete number
plates and forms which, in his opinion, are no longer of any \-alue to the
commonwealth, and may destroy examination papers or the answers given
by the applicants for licenses when the same have become of no value or
when the licenses applied for have been granted. He may also destroy
all records of convictions of persons charged with \'iolation of the laws
relating to motor vehicles unless such convictions are final convictions
under section twenty-four, excepting those of the then current year and
the two years next preceding.
Section 31. The registrar may prepare rules and regulations govern-
ing the use and operation of motor \ehicles and the conduct of operators
and chauffeurs, and may alter, rescind or add to any rules and regulations
previously made by him. The rules and regulations of the registrar
and any changes therein shall be subject to approval, and shall take
effect, in the manner provided by section six of chapter sixteen. A copy
of such rules and regulations attested by the registrar shall be prima
facie evidence that they have been made and approved as pro\'ided by
law. This section shall not be construed as giving the registrar power to
regulate the speed at which motor vehicles may be operated on the
public ways.
9
10
11
12
13
14
15
IG
17
18
19
20
21
22
23
o
4
5
6
7
8
9
10
11
Transporta-
tion of personal
Section 31A. The department after a public hearing may make, 1
propertyby aiid mav alter, rescind or add to, rules and rei^ulations for the reason- 2
motor vehioles . , 'i i i i • i- i " x* i j. •>
regulated. able and proper control and regulation oi the transportation by motor o
Chap. 90.]
MOTOR VEHICLES.
1005
4 vehicle of personal property over the ways of tliis commonwealth, {JJ^I.^J^^^^
5 except ways under the control of the metropolitan district commission. 273 Mass'. 557.'
6 Said rules and regulations shall cover, among other matters which the
7 department may deem necessary or desirable, the fixing of routes with
8 respect to the physical capacit\- of such ways to carry traffic ; the estab-
9 lishment of the maximum weight of loads per commercial motor vehicle
10 and per inch of tire in contact with the surface of such ways; the maxi-
11 mum dimensions of loads; and the regulation of the rate of speed of
12 such vehicles over such ways. Said rules and regulations and any changes
13 therein shall be subject to approval, and shall take effect, in the manner
14 provided by section six of chapter sixteen. Any person convicted of a
15 \iolation of any rule or regulation made under this section shall be pun-
16 ished by a fine of not more than twenty-five dollars, and in case of a
17 second or subsequent offence the registration of the vehicle or vehicles
18 involved shall be suspended for such length of time as the department
19 may determine.
1 Section .32.
Every manufacturer of and dealer in motor vehicles, and ^a'ra°gel^ etc..
2 every owner, proprietor, person in control or keeper of a garage, and, ppen^L^park-
3 in the city of Boston, every owner, proprietor, person in control or keeper 'j'^IIpJS^^-
4 of an open air parking space kept open with attendants day and night 255 Mass. 327.
5 for the storage or keeping for hire of motor vehicles, shall keep or cause
6 to be kept in a book a proper record of every motor vehicle which enters
7 and which leaves his garage, stable, shop or place of business. Said book
8 shall have columns and headings substantially as follows:
Date.
Register
Number and
Letter, if
Any.
Time of entering
Garage or other
Place.
Time of leaving
Garage or other
Place.
Operator's
or
Chauffeur's
A.U.
P.M.
A.M.
T.M.
Name.
9 All entries in said book shall be made legibly in ink or with an indel-
10 ible pencil. The said book shall be kept in some convenient place and
1 1 shall be open at all times to the inspection of the registrar and his agents
12 and of any police officer or constable.
1 Section 32A. When the serial number of a motor vehicle or of the Seriai numbers
2 engine of a motor vehicle has been removed, defaced, altered, changed, whideror
engines,
authority
4 applying therefor a certificate authorizing the restoration upon such s°bgtft°'te.°'^
3 destroyed, obliterated or mutilated, the registrar may issue to any person ^K
• 5 motor vehicle or upon the engine of such motor vehicle of its original i925, 237, § 1.
6 serial number, or the substitution therefor of a number designated by
7 the registrar which shall thereafter be regarded as the number properly
8 to be used for purposes of registration and identification of said motor
9 vehicle. In this section, the phrase "serial number" shall mean, when
10 used with reference to a motor vehicle, the number affixed by the maker
11 thereof and, when used with reference to the engine of a motor vehicle,
12 the engine number, both as required to be contained in an application
13 for registration of a motor vehicle by section two.
1006
MOTOR VEHICLES.
[Chap, 90.
Records of
motor vehicles
leased upon a
mileage basis.
1928. 25.
1903,
473,
5§1.
2,4.
1905,
311,
§§2-4.
1906.
412,
§8.
1907,
680.
§ 1-
1908,
648.
§§3,
5. 8.
1909,
534.
§§25
.29-
31.
1914,
695.
1915,
10. I
5 2;
16, §
8.
1916,
42;
52;
140.
1919,
294.
§2.
1920,
262;
; 419;
426.
1921,
403,
§2.
1923,
464,
§9.
1925,
342,
§ 1-
1926,
244;
277;
349.
§1.
1927,
134.
1928,
316,
§5.
1930,
,332,
§5;
391.
1931,
,47,
§5;
142,
§ 6;
426,
§205
2.50 Mass.
88,
591.
273 Mass.
557.
3 Op. A. G. 318.
Section 32B. Every owner, proprietor, person in control or keeper
of an establishment leasing motor vehicles for compensation computed
upon a mileage basis shall keep or cause to be kept in a book a proper
record of every motor vehicle so leased by him. Said record shall con-
tain the registration number and the name of the maker of the motor
vehicle so leased, the time the motor vehicle left the establishment and
the time of its return, and the signature in full of the lessee in his own
handwriting, his residence and the number of his operator's license.
Said record shall be open at all times to the inspection of the police.
Section 33. The registrar or his authorized agents shall collect fees
as follows:
For the registration of every motor cycle, one dollar and fifty cents.
For the registration of every motor truck, motor bus, trailer and semi-
trailer unit owned by a city or town in the commonwealth, and used
solely for municipal business, and for the registration of every motor
bus not so owned but used exclusively under contract for the transpor-
tation of school children, two dollars; provided, that any such motor
bus not municipally owned may also be used for the transportation of
persons to and from church and Sunday school services without the
payment of additional registration fee; and this paragraph shall apply
to the registration of such vehicles regardless of whether they are de-
signed to be propelled otherwise than by fuel as defined in section one of
chapter sixty-four A, in this section referred to as " non-gasoline driven ",
or designed "to be propelled by fuel as so defined, in this section referred
to as "gasoline driven".
For the registration of every ambulance, fire engine or apparatus,
police patrol wagon or other vehicle used by the police department of
any city or town or park board solely for the official business of such
department or board, no fee shall be collected hereunder.
For the registration of every trailer and non-gasoline driven automobile
used for the transportation of goods, wares or merchandise except an
electric motor truck or an electric commercial automobile, fifty cents,
or, in the case of an electric motor truck or an electric commercial auto-
mobile so used, twenty-five cents, and of every gasoline dri\en auto-
mobile so used, fifteen cents, for every hundred pounds of the weight of
such vehicle and of its maximum carrying capacity, but in no event
less than twenty dollars in the case of a non-gasoline driven automobile
so used or six dollars in the case of a gasoline driven automobile so used;
pro\'ided, that for the registration of every automobile of the convertible
passenger type with box or slip-on body of a carrying capacity not
exceeding one thousand pounds used for the transportation of tools,
utensils, goods, wares or merchandise, the fee shall be fifteen dollars when
non-gasoline driven and four dollars and fifty cents when gasoline
driven, and provided further that the provisions of this paragraph shall
not apply to any vehicle the fee for the registration of which is provided
for in the preceding paragrapli. The aforesaid weight shall mean the
weight of such vehicle when fully equipped for the road. The com-
missioner of public works may establish rules for determining the weight
of such vehicle and its maximum carrying capacity, and he may in his
discretion use the maker's weight with due allowance for extras.
For the registration of every automobile known as a taxi-cab, fifteen
dollars when non-gasoline driven and four dollars and fifty cents when
gasoline driven.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2S
29
30
31
32
33
34
35
36-
37
38
39
40
41
42
43
44
Chap. 90.] motor \t;hicles. 1007
45 For the registration of every motor bus or other motor vehicle, the
4() fee for the registration of which is not hereinbefore provided for, used
47 for carrying passengers for hire and having a seating capacity of seven
4(S persons or less, four dollars for each seat when non-gasoline driven and
49 one dollar and twenty cents for each seat when gasoline driven, and
50 for the registration of every such motor bus or other vehicle having a
51 seating capacity in excess of. seven persons, five dollars for each seat
52 when non-gasoline driven and one dollar and fifty cents for each seat
53 when gasoline driven, but in no event less than twenty dollars when
54 non-gasoline driven or six dollars when gasoline driven. In determining
55 seating capacity aforesaid the driver's seat shall not be included. The
5(j word "seat" as used in this paragraph shall mean the space ordinarily
57 occupied by one person.
58 I'or the registration of every automobile, the fee for which is not
59 herein otherwise provided for, according to the following schedule: —
60 Less than thirty horse power, ten dollars when non-gasoline driven
Gl and three dollars when gasoline driven.
62 Thirty or more, but less than forty horse power, fifteen dollars when
63 non-gasoline driven and four dollars and fifty cents when gasoline
64 driven.
65 Forty or more, but less than fifty horse power, twenty dollars when
66 non-gasoline driven and six dollars when gasoline driven.
67 Fifty horse power and above, twenty-five dollars when non-gasoline
68 driven and seven dollars and fifty cents when gasoline driven.
69 For the registration of motor vehicles or trailers owned by or under
70 the control of a manufacturer of or dealer in motor vehicles or trailers
71 or motor vehicle bodies or tops or a person engaged in the business of
72 repairing motor vehicles or trailers, including one or more pairs of num-
73 ber plates as requested in writing by the applicant for registration, three
74 dollars for the registration and three dollars for each pair of number
75 plates furnished by the registrar.
76 For the registration of every motor vehicle or trailer by an owner
77 who applies therefor under section two during the period beginning
78 with the first day of October and ending with the thirty-first day of
79 December in any year, one half of the fee for a full year's registration
50 of said vehicle.
51 For the substitution of the registration of an automobile for that of a
52 vehicle previously registered, in accordance with section two, one dollar.
83 For the substitution of the registration of a motor cycle for that of a
84 vehicle previously registered, in accordance with section two, fifty cents.
S5 For every license to operate motor \ehicles or any renewal thereof,
86 two dollars, but no fee shall be collected for the renewal of a special
87 license to operate motor-propelled fire apparatus.
88 For the first examination given to an applicant for a license or for a
89 renewal of a license to operate motor vehicles, two dollars; and for each
90 subsequent examination, one dollar.
91 For every additional copy of a certificate of registration or license,
92 one dollar.
93 For every certified copy of any application or notice filed with the
94 registrar and for e\ery certified copy of a certificate of registration or
95 license, one dollar.
96 For every additional number plate furnished to replace such plates
97 as have been lost or mutilated or are illegible, one dollar.
98 The registrar or his authorized agent may, howe\er, furnish without
1008 MOTOR VEHICLES. [ChAP. 90.
charge copies of certificates of registration and licenses to operate, and 99
copies of other documents relating thereto, to officers of the common- 100
wealth or of any court thereof or of a city or town therein; and the 101
registrar may issue certificates of registration for motor vehicles and 102
licenses to operate the same to any member of the foreign diplomatic 103
corps without the payment of the fees therefor. 104
Disposition of SECTION 34. The fccs and fines received under the preceding sections, 1
Highway Fund, together with all other tees recenerl by the registrar or any other person J,
1907] sso', § 3? under the laws of the commonwealth relating to the use and operation of 3
ilof. Uf, ^ ^' motor vehicles and trailers, shall be paid by the registrar or by the person 4
i9io!'525'. collecting the same into the treasury of the commonwealth, and said fees 5
liV.'i^I^' and fines, together with all contributions and assessments paid into tlie 6
J921. 112. 1 1. state treasury by cities, towns or counties for maintaining, repairing, 7
1928! 3io! § 0. improving and constructing ways, whether before or after the work is 8
250Ma3s.' 69i'. completed, and all refunds and rebates made on account of expenditures 9
268 Mass. i8d. ^^^ ^,^yg j^y ^he department of public works, and all receipts paid into 10
the treasury of the commonwealth under the provisions of chapter sixty- 11
four A, shall be credited on the books of the commonwealth to a fund to 12
be known as the Highway Fund. Said Highway Fund, subject to appro- 13
priation, shall be used as follows: 14
(1) Such portion as is authorized shall be expended to carry out the 15
provisions of law relative to the use and operation of motor vehicles and 16
trailers and for expenses authorized to administer the law relative to the 17
taxation of the sales of gasoline and certain other motor vehicle fuel; 18
(2) The balance then remaining shall be used — 19
(fl) For expenditure, under the direction of said department, for main- 20
taining, repairing, improving and constructing town and county high- 21
ways tpgether with any money which any town or county may appro- 22
priate for said purpose to be used on the same highways. The said ways 23
shall remain town or county ways. In this subdivision the word " town " 24
shall include city ; 25
(b) For expenditure, under the direction of said department, for main- 26
taining, repairing and improving state highways and bridges; 27
(c) For expenditure, under the direction of .said department, in addition 28
to federal aid payments received under section thirty of chapter eighty- 29
one, for construction of state highways; 30
(d) For expenditure, under the direction of said department, for 31
engineering services and expenses, for care, repair, storage, replacement 32
and purchase of road building machinery and tools, for snow removal, 33
for the erection and maintenance of direction signs and warning signs 34
and for the care of shrubs and trees on state highways, and for expenses 35
incidental to the foregoing or incidental to the purposes specified in sub- 36
divisions (a), (b) or (c) of this clause; 37
(e) To meet interest, sinking fund and serial payments on state high- 38
way and western Massachusetts highway and abolition of grade crossing 39
bonds; ■^'^^
(/) To meet the commonwealth's share of the interest, sinking fund and 41
serial payments on metropolitan parks loans, series two, and to pay such 42
sums as the commonwealth may be required to pay out of receipts from 43
motor vehicle fees for jjarticular traffic routes now or hereafter authorized ; 44
((/) For expenditure, under the direction of the metropolitan district 45
commission, to meet the commonwealth's share of the cost of maintenance 46
of boulevards in the metropolitan parks district under section fifty-six 47
see
Chap. 90.] motor vehicles. 1009
4S of chapter ninety-two, and the commonwealth's share of the cost of
49 coii.struction of boulevards within said district now or hereafter au-
50 tliorized;
51 (/() YoT expenditure, under the direction of the department of public
52 safety, for the maintenance, in part, of the division of state police.
COMPULSORY MOTOR VEHICLE LIABILITY INSURANCE.
1 Section 34A. The following words, as used in sections thirty-four A ?925°34°6°'§ 2.
2 to thirty-four J, inclusive, shall have the following meanings: — J^^|; ||f; 1 1;
3 "Certificate", the certificate of an insurance company authorized to aeiVats'Le
4 transact in the commonwealth the business specified in subdivision (h) 271 Mass. 94.
5 of the sixth clause of section forty-seven of chapter one hundred and J,^J^n^'jJ,'„'^/g,
6 seventy-five, stating that it has issued to the applicant for registration §§1,5.35
7 of a motor vehicle a motor vehicle liability policy which covers such motor
8 vehicle, conforms to the provisions of section one hundred and thirteen
9 A of said chapter one hundred and seventy-five and runs for a period at
10 least coterminous with that of such registration or that it has executed
11a binder, as defined in said section one hundred and tiiirteen A, under and
12 in conformity with said section covering such motor vehicle pending the
13 issue of a motor vehicle liability policy; or the certificate of a surety com-
14 pany authorized to transact business in the commonwealth under section
15 one hundred and five of said chapter one hundred and seventy-five as
16 surety, stating that a motor vehicle liability bond, payable to the com-
17 monwealth, which covers such motor vehicle, conforms to the provisions
18 of said section one hundred and thirteen A, and runs for a period at least
19 coterminous with such registration, has been executed by such applicant
20 as jjrincipal and by such surety company as surety; or the certificate of
21 the department stating that cash or securities have been deposited with
22 the department as provided in section thirty-four D.
23 "Motor vehicle", shall, in addition to the meaning prescribed by sec-
24 tion one, include a trailer, as defined by said section one.
25 "Motor vehicle liability bond", a bond conditioned that the obligor
26 shall within thirty days after the rendition thereof satisfy all judgments
27 rendered against him or against any person responsible for the operation
28 of the obligor's motor vehicle with his express or implied consent in actions
29 to recover damages for bodily injuries, including death at any time result-
30 ing therefrom and judgments rendered as aforesaid for consequential
31 damages consisting of expenses incurred by a husband, wife, parent or
32 guardian for medical, nursing, hospital or surgical services in connection
33 with or on account of such bodily injuries or death, sustained during the
34 term of said bond by any person other than employees of the obligor or
35 of such other person responsible as aforesaid who are entitled to payments
36 or benefits under the provisions of chajjter one hundred and fifty-two,
37 and arising out of the ownership, operation, maintenance, control or use
38 upon the ways of the commonwealth of such motor vehicle, to the amount
39 or limit of at least five thousand dollars on account of injury to or death
40 of any one person, and, subject to such limits as respects injury to or death
41 of one person, of at least ten thousand dollars on account of any one
42 accident resulting in injury to or death of more than one person.
43 "Motor vehicle liability policy", a policy of liability insurance which
44 provides indemnity for or protection to the insured and any person
45 responsible for the operation of the insured's motor vehicle with his
46 express or implied consent against loss by reason of the liability to pay
1010
MOTOR VEHICLES.
[Chap. 90.
damages to others for bodily injuries, including death at any time result-
ing therefrom, or consequential damages consisting of expenses incurred
by a husband, wife, parent or guardian for medical, nursing, hospital or
surgical services in connection with or on account of such bodily injuries
or death, sustained during the term of said policy by any person other
than employees of the insured or of such other person responsible as afore-
said who are entitled to payments or benefits under the provisions of
chapter one hundred and fifty-two, and arising out of the ownership,
operation, maintenance, control or use upon the ways of the common-
wealth of such motor vehicle, to the amount hr limit of at least five thou-
sand dollars on account of injury to or death of any one person, and, sub-
ject to such limits as respects injury to or death of one person, of at least
ten thousand dollars on account of any one accident resulting in injury
to or death of more than one person, or a binder as defined in section one
hundred and thirteen A of said chapter one hundred and seventy-five
providing indemnity or protection as aforesaid pending the issue of such
a policy.
47
48
49
.50
.51
52
53
54
55
56
57
58
59
60
01
62
63
Certificates.
Acceptance,
form, copies.
Penalties.
1925, 346, § 2.
1927, 127, § 1.
1928, 381, § 4.
271 Mass. 94.
Section 34B. The registrar shall accept a certificate as defined in
section thirty-four A from any person applying for registration of a motor
vehicle.
Such certificate of an insurance or surety company shall be executed by
a duly authorized officer or agent of the company, shall be in a form pre-
scribed by the commissioner of insurance, shall contain the recitals re-
quired by said section thirty-four A, shall state the rate at which and the
classification under which the motor vehicle liability policy or bond
referred to therein was issued or executed and the amount of the premium
thereon, shall contain a certification that the premium charged thereon
is at the rate fixed and established by the commissioner of insurance and
such other information as said commissioner may require. An insurance
or surety company or any officer or agent thereof issuing a form of certifi-
cate other than that prescribed by the commissioner of insurance shall be
punished by a fine of not less than fifty nor more than five hundred dollars;
but any certificate issued contrary to the foregoing provisions of this
section by a duly authorized oflScer or agent of such a company shall be
valid and binding thereon.
The registrar shall, when preparing his record of each registration,
furnish a copy of such record to the company ajjpearing signatory to the
certificate accompanying the application for such registration.
Any company issuing a certificate through a duly authorized officer or
agent, which is filed with the registrar in connection with the registration
of a motor vehicle, shall be estopped to deny the issue or execution of a
motor vehicle liability policy or bond as set forth therein.
The certificate which the department shall issue upon receipt of cash or
securities vmder section thirty-four D or thirty-four F shall be in such
form and shall contain such information as the department may prescribe.
Whoever issues or alters without authority or forges any certificate as
defined in said section thirty-four A or issues such certificate kno\\ing
that the policy or bond therein described has not in fact been issued or
executed or is not in force or that the cash or .securities have not been
deposited, or whoe^■er knowing that such certificate has been issued or
altered without authority or forged or that the policy or bond described
therein has not in fact been issued or executed or is not in force or that
the cash or securities have not been deposited files such certificate with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Chap. 90.] motor vehicles. 1011
37 the registrar, shall be punished by a fine of not more than one thousand
38 dollars or by imprisonment for not more than one year or both.
ouvcnnK more
an one
motor vehicle
1 Section 34C. Any person applying for the registration of more than Policy or bond
2 one motor vehicle under section two, three or four, or any manufacturer tli;
3 or dealer applying for registration of motor vehicles under section five, oTtraiilr^
4 may, in lieu of procuring a separate policy or bond covering each motor }y^g; Hf^ 1 1-
5 vehicle, furnish a single motor vehicle liability policy or bond covering all 27i Mass. 94.
6 motor vehicles owned or controlled by him, in which the amounts or
7 limits of indemnity as provided in section thirty-four A for a motor
8 vehicle liability policy or bond shall apply to each motor vehicle covered
9 thereunder.
1 Section 34D. The applicant for registration may, in lieu of procur- Depositor
2 ing a motor vehicle liability bond or policy, deposit with the depart- ileu of bond"
3 ment cash in the amount of five thousand dollars or bonds, stocks or i925°'346. § 2
4 other evidences of indebtedness satisfactory to the department of a il'^g^'^agi^l'^'
5 market value of not less than five thousand dollars as security for the i??^;,^'*''' If •
6 payment by such applicant or by any person responsible tor the opera-
7 tion of such applicant's motor vehicle with his express or implied con-
8 sent of all judgments rendered against such applicant or against such
9 person in actions to recover damages for bodily injuries, including
10 death at any time resulting therefrom, and judgments rendered as afore-
11 said for consequential damages consisting of expenses incurred by a
12 husband, wife, parent or guardian for medical, nursing, hospital or surgi-
13 cal services in connection with or on account of such bodily injuries or
14 death, sustained during the term of registration by any person other
15 than employees of the applicant or such other person responsible as
16 aforesaid who are entitled to payments or benefits under the provisions
17 of chapter one hundred and fifty-two, and arising out of the ownership,
18 operation, maintenance, control or use upon the ways of the common-
19 wealth of such motor vehicle to the amount or limit of at least five thou-
20 sand dollars on account of any such judgment. The depositor shall be interest.
21 entitled to the interest accruing on his deposit and to the income pay-
22 able on the securities deposited and may from time to time with the
23 consent of the department change such securities. Upon presentation Payments
24 to the department by an officer cjualified to serve civil process of an executions.
25 execution issued on any such judgment against the registrant or other
26 person responsible as aforesaid, the department shall pay, out of the
27 cash deposited by the registrant as herein provided, the amount of the
28 execution, including costs and interest, up to but not in excess of five
29 thousand dollars. If the registrant has deposited bonds, stocks or
30 other evidences of indebtedness, the department shall, on presentation
31 of an execution as aforesaid, cause the said securities or such part thereof
32 as may be necessary to satisfy the judgment to be sold at public auction,
33 giving the registrant three days' notice in writing of the time and place
34 of said sale, and from the proceeds of said sale the department shall,
35 after paying the expenses thereof, satisfy the execution as hereinbefore
36 provided when a cash deposit has been made. Any payment upon an
37 execution by the department in accordance with the provisions of this
38 section shall discharge its members from all official and personal liability
39 whatever to the registrant to the extent of such payment. The depart- Additional
40 ment shall, whenever the amount of such deposit from any cause falls
41 below the amount required by this section, require, at the option of the
1012
MOTOR VEHICLES.
[Chap. 90.
registrant, the deposit of additional cash or securities up to the amount 42
required by this section or a motor vehicle liability bond or policy as 43
provided in this chapter. Money or securities deposited with the de- 44
partment under the provisions of this section shall not be subject to 45
attachment or execution except as provided in this section. The depart- 46
ment shall deposit any cash received under the provisions of this section 47
in a savings bank or the savings department of a trust company or of a 48
national bank within the commonwealth. 49
Receipt for
and retention
of cash, etc.,
so deposited.
1925, 346, § 2
(subsect. 34G).
1928. 381, § 4.
271 Mass. 94.
Section .34E. The department shall give to the applicant for regis- 1
tration a receipt on a form prescribed by it of the amount of cash or 2
securities deposited by him with the department under section thirty- .3
four D or thirty-four F. The department shall retain such cash or 4
securities deposited as aforesaid and shall not deliver the same or the 5
balance thereof to the registrant or his order until the expiration of the 6
time within which actions, the payment of judgments in which are 7
secured by such deposit, may be brought against the registrant or the 8
person responsible for the operation of the registrant's motor vehicle 9
with his express or implied consent, nor in any case if a written notice 10
is filed with the department stating that such an action has been brought 11
against the registrant or other person responsible as aforesaid, until 12
payment is made as provided in section thirty-four D or satisfactory 13
evidence is presented to it that such action is finally disposed of. 14
Notice to
registrar, etc.,
upon service
of writ.
1925. 346, § 2
(subsect. 34D).
192S, 381, § 4.
271 Mass. 94.
Penalty.
Notice of
failure to
maintain
deposit.
Section 34F. The registrant of a motor vehicle who deposits cash 1
or securities as provided in this section or in section thirty-four D or the 2
person responsible for the operation of the registrant's motor vehicle 3
with his express or implied consent shall immediately upon the service 4
of any writ or summons in any action the payment of the judgment in 5
which is secured by such deposit, give written notice to the registrar 6
and the department of the bringing of such action in such form as it 7
may prescribe, and thereupon it may require the giving, at the option 8
of the registrant, of a motor vehicle liability bond or policy or may 9
require the deposit of further cash or securities as additional security 10
for the payment of judgments in any other such actions. Whoever 11
fails to give the notice required by this section shall be punished by a 12
fine of not less than one hundred nor more than one thousand dollars or 13
by imprisonment for not more than one year or both. 14
The department shall forthwith give written notice to the registrar of 15
the failure of a registrant to maintain a deposit as required by this 16
section and section thirt\-four D. 17
Proceedings if
judgment
against prin-
cipal on
bond is not
satisfied.
1925. 346. § 2
(subsect. 34F).
1928. 381, § 4.
271 Mass. 94.
Section 34G. If a judgment rendered against the principal on a
motor vehicle liability Ijond or against any person responsible for the
operation of the principal's motor vehicle with his express or implied
consent is not satisfied within thirty days after its rendition, the judg-
ment creditor may for his use and benefit and at his sole expense bring
an action in the name of the commonwealth against the surety company
executing the bond.
Revocation of
registration
upon cancel-
lation of policy
or bond, etc.
Exceptions.
1925, 346, § 2
(subsect. 34H).
Section 34H. In the event that the registrar receives written notice,
in conformity with section one hundred and thirteen A of chapter one
hundred and seventy-five, from the owner of a motor vehicle cancelling
the motor vehicle liability policy or bond covering the same, he shall
Chap. 90.] motor vehicles. 1013
5 revoke the registration of such motor vehicle on the effective date of }||^' Hf | f
6 the cancellation as specified in such notice unless not later than two |63 Mass. 579.
7 days prior to such effective date the registrar shall have received a new
8 certificate covering the same motor vehicle. The registrar shall, forth-
9 with upon recci\ing written notice in conformity witli said section one
10 hundred and thirteen A from an insurance or surety company purporting
11 to cancel such a policy or bond issued or executed by it, give written
12 notice to the owner of the motor vehicle covered by said policy or bond
13 that the registration thereof will be revoked as of the final effective date
14 of the cancellation as specified in the notice given by such company in
15 case the owTier docs not file a complaint under section one hundred and
16 thirteen D of said chapter one hundred and seventy-five, or as specified
17 in an order of the board of appeal on motor vehicle liability policies and
IS bonds affirming such cancellation under said section one hundred and
19 thirteen D in case the owner does not claim an appeal thereunder, or
20 as specified in a decree of the superior court or a justice thereof affirming
21 such cancellation on such appeal, unless not later than two days prior
22 to such eft'ective date as finally specified the registrar shall have received
23 a new certificate covering the same motor vehicle.
24 The registrar shall forthwith upon receipt of a notice under section
25 thirty-four F of the failure of the owner of a motor vehicle to maintain
26 a deposit, or of a notice under section one hundred and thirteen C of
27 said chapter one hundred and seventy-five of the cessation of the au-
28 thority of an insurance or surety company to issue or execute motor
29 vehicle liability policies or bonds in the commonwealth, send written
30 notice to the owner of the motor vehicle covered by such deposit or to
31 every owner of a motor vehicle covered by a motor vehicle liability
32 policy or bond issued or executed by such a company that the registration
33 thereof will be revoked, unless within five days after the sending of said
34 notice he shall file with the registrar a new certificate.
35 Upon failure of the owner of a motor vehicle to file a new certificate
36 as required by this section, the registrar shall immediately revoke the
37 registration thereof; provided, that if a new certificate as aforesaid is
38 filed prior to the final effective date of the cancellation of the existing
39 policy or bond, he may in his discretion rescind such revocation.
40 Any notice required by this section to be given by the registrar shall
41 be deemed sufficient if mailed by the registrar, or any person authorized
42 by him to send such notice, postage prepaid, to the address given on
43 the application for registration, and an affidavit of the registrar or such
44 person that such notice has been mailed as aforesaid shall be prima facie
45 evidence thereof.
1 Section 341. The registrar shall keep such records and books and ^^"^^Je^ord"
2 publish and distribute such forms and information, subject to the ap- ^j;|5^34l^-5 2.
3 proval of the department, as will facilitate the operation of the provisions i^^s^ssi.' §^4.
4 of the eight preceding sections, and shall, upon the request of any person,
5 furnish the name of the insurance or surety company issuing the policy
6 or executing as surety the bond covering any particular motor vehicle
7 or of any particular p^son appearing on his records as registrant of the
8 same.
1 Section 34J. Whoever operates or permits to be operated a motor Penalty for
^,., ,.,. ,. r .- rt .■ \j* 1 operating,
2 vehicle which is subject to the provisions of section one A during sucn etr . motor
3 time as the motor vehicle liability policy or bond or deposit required by rngUmt
1014
AIRCRAFT.
[Chap. 90.
golicy, etc.,
as not been
provided, etc.
1925. 346, § 2
(subsect.34H).
1926, 368, § 3.
1928, 381, § 4.
the provisions of this chapter has not been provided and maintained 4
in accordance therewith shall be punished by a fine of not less than one 5
hundred nor more than five hundred dollars or by imprisonment for 6
not more than one year. 7
263 Mass. 579.
Definitions.
1922, 534, § 1.
1928, 388, § 1.
[For further
definitions
see §§ 1, 5,
34A.1
AIRCRAFT.
Section 35. The following words and phrases used in sections thirty- 1
five to fifty-nine, inclusive, shall have the following meanings, unless a 2
different meaning is clearly apparent from the language or context or 3
unless such construction is inconsistent with the manifest intention of 4
the general court : 5
"Aircraft", any contrivance now or hereafter used in, or designed for 6
the purpose of, navigation of or flight in the air, except a parachute or 7
other contrivance so designed but used primarily as safety equipment. 8
" Commercial flying ", any flight or attempted flight in which passengers 9
or merchandise are carried, 'or in which any other service is performed by 10
the pilot or aircraft, for compensation or hire. 11
"Private flying", all flying other than commercial flying or flying 12
conducted by a department or other agency of the United States or of 13
this or another state thereof. 14
Licensing of
pilots and
registration
of aircraft.
1922. 534, § 1.
1928, 388, § 2.
Section 36. Every application for a license or registration, or re-
newal thereof, under sections thirty-five to fifty-nine, inclusive, shall be
under oath or verified by a written declaration that it is made under
the penalties of perjury, shall be accompanied by the proper fee and shall
be made to the registrar, who may license any competent person as an
aircraft pilot and may register suitable aircraft, in accordance with
said sections. Except as authorized under federal law and except as
hereinafter provided, no person shall operate or attempt to operate any 8
aircraft within the commonwealth unless licensed so to do by the regis- 9
trar and unless such aircraft is properly registered by him. No pilot's 10
license shall be issued until the registrar or his authorized agent is satis- 1 1
fied that the applicant is a proper person to receive it. 12
Advisory
board of
aeronautical
experts.
1922, 534, § 1.
Licenses.
Section 37. The registrar shall appoint an advisory board of
aeronautical experts, which shall consist of at least three members, to
hold office at his pleasure. Such board shall ascertain whether appli-
cants are competent to receive the licenses for which they apply and
whether aircraft are suitable for the purposes for which registration
thereof is sought.
Test flights.
Determination
Section 38. Any person applying for a pilot's license shall, if re-
i922"534''^§7' Q'^i^sted by the advisory board, make one or more flights in an aircraft
192$! 388, §3. furnished by the applicant at a time and place appro\ed by the board.
The board shall determine the competency of the applicant as a pilot.
SlSses™ Section 39. Each pilot's license shall be designated as either private 1
1928! tssi li. ^^ commercial. A commercial license shall entitle the licensee to engage 2
in commercial flying and in private flying. A private license shall en- 3
title the licensee to engage in private flying only. In addition to the 4
Chap. 90.] aiucraft. 1015
5 above designation, each license shall contain a statement of any limita-
6 tion or restriction on the size or t\'pe or types of aircraft which may be
7 operated thereunder. A commercial license may also contain a state-
S ment of any limitation or restriction as to the areas within which persons
9 may be carried for compensation or hire.
1 Section 40. A pilot's license shall expire one year from the date of ueeMes'
2 its issue. Applications for renewal may be made before the date of [«||- gg^ j j
3 expiration in such manner as the registrar directs. The fee for a license iH^^^^*- ^ ^'^
4 or for a renewal thereof shall be five dollars, except that the fee for a
5 license limited to the operation of gliders shall be three dollars, and for
6 a renewal thereof, two dollars. Each initial application for a license,
7 except a license limited to the operation of gliders, shall also be accom-
8 panied by a fee of five dollars for examination. If the applicant is not
9 licensed the license fee, but not the examination fee, shall be refunded.
10 The fee for every subsequent examination shall be five dollars. The fee
11 for e\ery additional copy of a certificate of registration, license or permit
12 to replace one that has been lost or mutilated shall be one dollar. The
1.3 fee for every certified copy of an application, certificate of registration,
14 license or permit shall be one dollar.
1 Section 41. No such license shall be required of any aviator while License, when
2 flying in line of duty in tlie service of the United States or of this or i922?534"5 i.
3 another state thereof or of a foreign country. A person holding any {gal; sis; § I'.
4 class of pilot's license issued after proper examination by authority of ^^^^' ^°^' * ^■
5 the United States or of another state thereof or of a foreign country
6 may, without further license, operate aircraft within the common-
7 wealth for not exceeding ten days in any one calendar year. No such statement.
8 person shall engage in flying within the commonwealth for more than sied with
9 ten days in any calendar year without having previously filed with the ^''^^'"■
10 registrar a statement in writing containing his name, his address in this
11 commonwealth, the authority as aforesaid issuing his license, the num-
12 ber thereof, if any, and an appointment of the registrar and his successor
13 in office to be his true and lawful attorney upon whom may be served
14 all lawful processes in any action or proceeding against him growing out
15 of any accident or collision in which he may be involved while operating
16 within the commonwealth, and also containing his agreement that any
17 lawful process against him which is served upon the registrar or his
IS successor in office as such attorney shall be of the same legal force and
19 validity as if served on him personally, and that the registrar and his
20 successor in office shall continue to be his said attorney so long as any
21 liability on account of such an accident or collision remains outstanding
22 against him. Sections three A to three E, inclusive, shall apply to such
23 service.
24 A person not licensed or authorized under any provision of this and u^itcens"'ed''^
25 the sLx foregoing sections may operate an aircraft if accompanied by a P"o™panied
26 pilot licensed or authorized to operate such aircraft; but such licensed by^ijcensed
27 or authorized pilot shall be liable for a violation of any provision of
28 sections forty-nine to fifty-nine, inclusive, or of any rule or regulation
29 made thereunder, committed by such unlicensed or otherwise unauthor-
30 ized person while so accompanied; provided, however, that nothing in
31 this section shall be construed to impose any liability upon a passenger
32 in a commercial aircraft who did not know that the pilot was unlicensed
33 or unauthorized.
1016
AIRCRAFT.
[Chap. 90.
Operation by
unlicenaed
pUot for
instruction
purposes.
Definition.
Applications
for registration.
1922, 534, § 1.
For the purposes of instruction in flying, an unlicensed pilot may, 34
with the consent of and under the ol^servation of his instructor, who shall 35
be a licensed pilot, operate an aircraft over a field approved by the regis- 36
trar or over open water. No unlicensed person shall accompany such 37
unlicensed pilot in the same aircraft. The term aircraft, as used in this 38
section, shall mean aircraft registered by the registrar or authorized to 39
be operated without such registration in this commonwealth under 40
section forty-seven. 41
Registration.
Section 42. Every application for the registration of an aircraft
shall be made by the owner thereof. The application shall contain, in
addition to such other particulars as are required by the registrar, a
statement of the name, place of residence and local address, if any, of
the applicant, together with a brief description of the aircraft sought
to be registered.
Preliminary
exhibition and
operation of
aircraft.
1922, 534, § 1.
Section 43. Upon application for the registration of any aircraft,
the applicant shall, at the request of the advisory board, ha\'e the air-
craft operated by a pilot provided by the applicant. In addition, the
aircraft shall be exhibited to the board, on the ground, in such manner
and at such time and place as shall be required by the board in order to
make possible a careful examination of its construction. The board
shall thereupon determine whether such aircraft is suitable for regis-
tration.
f°rJfgi'lti-Ttion. Section 44. Each aircraft registered shall be designated as either
1922, 534, § 1. private or commercial. A commercial registration shall entitle the air-
craft to be used in commercial flying, and, unless specifically restricted
therefrom, in pri\ate flying. A pri\-ate registration shall entitle the
aircraft to be used in private flying only.
Symbols ;
form and
arrangement.
Exceptions.
1922, 534. § 1.
1928, 388, § 6.
1
2
3
4
5
6
1
2
3
4
5
6
7
8
1
2
3
4
5
Section 45. Except as hereinafter provided, each aircraft registered
by the registrar shall be designated by a symbol consisting of a combina-
tion of letters or numbers, or both. The symbol of each aircraft shall
be determined by the registrar at the time of registration. Before any
registered aircraft is operated, the symbol of such aircraft shall be painted
upon both vertical sides of the fuselage and upon the lower wing sur-
face, in such color and shade as to be easily legible. On the lower wing
surface the height of each letter shall be not less than three feet, except
where the chord of the lower wing is less than three feet and nine inches,
in which case the height shall be at least four fifths of the chord. On the 10
fuselage, the height of the letters shall be not less than two feet and six 1 1
inches. The exact form and arrangement of the letters and numbers 12
shall be as specified by the registrar from time to time. If such desig- 13
nation is impracticable, the symbol shall be displayed in any other 14
manner approved by the registrar. In the discretion of the registrar, 15
no such designation shall be required of any aircraft already bearing 16
a symbol designated l)y the federal government or by that of another 17
state of the United States or of any foreign country. 18
r^giitmiions.' Section 46. All registrations shall expire upon the last day of each 1
f-ao-rr"il' 'r,'- calendar year unless previously revoked by the registrar. Applications 2
1931, 244, § 2. foj. renewal may be made before the date ot expiration m such manner as 3
Ch.\P. 90.] AIRCR.\FT. 1017
4 the registrar directs. The fee for each registration or renewal shall be
5 fifteen dollars, except that the fee for the registration of a glider, or for
6 the renewal thereof, shall be three dollars.
1 Section 47. No such registration shall be required as to (1) aircraft Registration,
2 belonging to the United States or to this or another state thereof under rciiuired.
;> whose laws aircraft belonging to this commonwealth are exempt from up'<m H.v°n"|of
4 registration; (2) aircraft registered under federal law; or (.3) aircraft, aifcra'a.'^"''
.5 used for pri\ate flying only, registered by authority of another state of the HH' jH' | \-
0 United States or of a foreign country. No aircraft not registered by the i^^o, 33, § 1.
7 registrar shall, except as otherwise provided by federal law, engage in
8 flying in the commonwealth for more than ten days in any calendar year,
9 unless the owner or operator thereof has previously filed with the registrar
10 a statement in writing containing the make, model and year of manu-
11 facture of the aircraft, a replica of the symbol carried by it, the authority
12 as aforesaid whereby registered, the registration number and the name
13 and address in this commonwealth of said owner or operator.
1 Section 48. Unregistered aircraft may be operated over approved opTratr?n"oT'
2 flying fields or large bodies of open water for the purpose of testing the ","raff'''"'''
3 machines or for experimental purposes; provided such aircraft remain 1922,534,51.
4 at all times close enough to such flying field or open water to return thereto
5 by a glide having a mean slope of one foot descent for every five feet of
6 horizontal travel. No unregistered experimental aircraft shall be op-
7 erated at any altitude whatever over any thickly settled or business dis-
8 trict or over any assemblage of persons.
1 Section 49. The registrar may suspend, or after due hearing, revoke, Suspension or
rt •! j_' 1* ' 1 J. J. ± revocation of
2 a pilot s license or riglit to operate, license or
3 (ff) If, in the opinion of the registrar, the pilot is not a proper person to igl'llTM?"! 1.
4 operate aircraft, or has operated any aircraft in a manner dangerous to Jggg' ||f'§ 2*'
5 any person or has not used due care and caution while flying with pas-
6 scngers, even though not then engaged in commercial flying, or
7 (b) If the pilot exceeds his authority under his license, or
8 (c) Upon the use by the pilot of an unregistered aircraft, except as
9 provided in section forty-seven or forty-eight, or
10 (d) For violation of any provision of sections fifty-two to fifty-four,
11 inclusive, or
12 (e) For operating an aircraft after the damage or deterioration referred
13 to in section fifty has occurred and before full compliance with the pro-
14 visions of said section.
15 The registrar shall suspend for at least three months, and may after due
16 hearing revoke, the license or right to operate of a pilot who has been
17 found guilty of operating an aircraft while under the influence of liquor.
18 The registrar may suspend, or after due hearing, revoke, the registra-
19 tion or right of operation of an aircraft,
20 (a) If it is used for any purpose not authorized by its registration, or
21 (6) Upon violation of any provision of section fifty or fifty-three.
22 Action by the registrar under this section shall not relieve the licensee
23 from further liability or penalty.
1018
AIRCRAFT.
[Chap. 90.
Accident
involving
injury or
death, or
damage to
aircraft.
Notice to
registrar.
1922, 534, § 1.
1930, 33, § 3.
General Provisions.
Section 50. Every person operating any aircraft which is in any 1
manner involved in an accident in which any person is killed or injured 2
shall forthwith report in writing to the registrar. When any aircraft shall .3
have been damaged in any structural part other than the engine or tires, 4
such damage shall forthwith be reported in writing to the registrar by 5
the person operating the same, and such aircraft shall not again be op- 6
erated until the damaged part has been replaced in whole by a suitable 7
new part, or, if it is not so replaced, until the aircraft has been approved 8
by tlie advisory board. 9
Where such damage occurs while the aircraft is outside the common- 10
wealth, it must be reported before the aircraft is again operated within the 1 1
commonwealth. 12
When any registered aircraft shall, in the opinion of the advisory board, 13
have become unfit for operation through deterioration or otherwise, notice 14
thereof shall be given to the owner and such aircraft shall not again be 15
operated until it has been repaired and has been approved by the advisory 16
board. 17
Operation
over open air
assembly
regulated.
1922, 534, § 1.
Section 51. No aircraft shall be operated over any open air assembly
of persons, except by special permission of the registrar. No heavier-
than-air aircraft shall be operated over such an assembly at an altitude
of less than one thousand feet, or at an altitude which does not allow at
least one thousand feet of vertical drop to every mile of horizontal dis-
tance required to reach a proper landing place in case of engine failure.
Acrobatic
flying by cer-
tain aircraft
regulated.
1922. 534, § 1.
Section 52. No aircraft engaged in commercial flying shall, while 1
carrying passengers, be looped, deliberately spun, or otherwise caused to 2
perform aerial acrobatics. This prohibition shall not apply to an aircraft 3
while used for giving instruction in flying and shall not prevent an instruc- 4
tor from teaching acrobatic flying to a pupil, but in no case shall such 5
flying be engaged in over thickly settled or business districts or where it 6
might reasonably be expected to cause personal injury or fear thereof to 7
persons below. 8
Use of aircraft
for certain
feats of daring
prohibited.
Dropping of
missiles
regulated.
1922, 534, § 1.
1925, 189, § 2.
1928, 388, 8 9.
1931, 303, § 3.
Section 53. No aircraft shall be used in the commonwealth for the 1
purpose of giving a public exhibition in which any person attempts a 2
transfer from one aircraft to another while in fligiit or between any air- 3
craft in fligiit and any other vehicle or the ground, or in which any person 4
leaves the cockpit of an aircraft to perform any feat of daring, or uses any 5
part of an aircraft in a manner other than that intended by its designer; (i
nor shall any pilot licensed or authorized in the commonwealth take part 7
in such an exhibition. No person shall throw or drop any missile or other 8
article from any aircraft in flight except over grounds temporarily or 9
permanently reserved for such purpose or over open water. Nothing in 10
this section shall be construed to prohibit the use of parachutes as a means 1 1
of safe descent or the release of fine sand or liquid without containers by 1 2
a lighter-than-air craft over thinly settled areas. 13
Load
regulated.
1922, 534, § 1.
Section 54. The load carried by a registered aircraft shall not exceed 1
that recommended by the manufacturer, except by permission of the 2
registrar. 3
CllAP. 90.] AIRCRAFT. 1019
1 Section 55. No pilot shall operate an aircraft over any thickly Minimum^
2 settled or business district except at a height sufficient to permit of a 'n.v|ng.* °'
3 reasonably safe emergency laniling. Such height in no case shall be lUf. Ilk § ib.
4 less than one thousand feet, except when necessary for the purpose of ^iuMass.sii.
5 embarking or landing.
1 Section 56. No person shall land any aircraft in a public way or Landing
2 public park without permission from the authorities in charge thereof. Iglarwl § i.
3 No person shall land any aircraft on any field in which there are ten or
4 more persons unless such field contains a space free from persons and
5 at least three hundred yards long in the direction of landing and at least
6 one hundred yards wide, and in such case the landing shall be so made
7 that the aircraft shall not at any time while on or within twenty feet of
8 the ground pass within fifty yards of any person; provided, however,
9 that this section shall not apply to fields regularly designated for use by
10 aircraft as specified in section fifty-seven nor to fields the proper policing
11 of which has been previously arranged.
1 Section 57. Landing places for aircraft may from time to time be Landing
2 established and may be maintained by the department of public works lishment/
3 or by other public officials in charge of any land owned or controlled "„d"e™uiatfon.
4 by the commonwealth or by any city, town or district thereof. Rules }9|2, 534, § 1.^
5 and regulations governing the use of such landing places may be made 270 iiass! sii.
6 by said department or officials establishing or having charge of the same,
7 but the department, of its own motion or upon petition of any interested
8 party, may at any time alter, amend or revoke any such rule or regulation
9 and establish other rules and regulations governing said use. The de-
10 partment may likewise make, and may alter, amend or revoke, rules
11 and regulations governing the use of any landing place established
12 otherwise than by public authority. The said department, after public
13 hearing, may issue an order permitting the use of any landing field
14 already in use or proposed to be established, or prohibit such use if in
15 its opinion it would be inconsistent with the public interest. The regis-
16 trar, with the approval of the commissioner of public works, may by
17 order prohibit aircraft flying from or landing on any place other than
18 an establishefl landing field which the registrar deems unsafe for such
19 flying or landing.
1 Section 58. The registrar may from time to time prepare rules and ^^Jff^fi°n3,
2 regulations consistent with sections thirtv-five to fiftv-nine, inclusive, and appeals
* , , , . .* ,, . i- 1 1 i- • therefrom.
3 governmg the use, operation and registration 01 aircrait and the licensing 1922. 534. § 1.^
4 of pilots thereof. Such rules and regulations shall be subject to ap-
5 proval, and shall take effect, in the manner provided by section six of
6 chapter sixteen.
7 Any person aggrieved by any regulation, ruling or decision of the
8 registrar, relative to the use, operation and registration of aircraft or
9 the licensing of pilots thereof, or by any order of the registrar made under
10 section fifty-seven, may appeal as provided in section twenty-eight and
11 the provisions of said section shall apply to such appeal.
1 Section 59. ^Yhoever violates any provision of sections thirty-five Pc5?'t!|3-
2 to fifty-eight, inclusive, or any rule or regulation made thereunder, or 192.5,' i89", § 3.
3 any order of the registrar made under section fifty-seven, shall be pun- ^^^*' ^®*' ^ ^^
4 ished by a fine of not less than ten nor more than five hundred dollars,
1020
AIRCRAFT. WATERWAYS.
[Chaps. 90, 91.
or by imprisonment for not less than one month nor more than six 5
months, or both. Whoever operates an aircraft while under the influ- 0
ence of intoxicating hquor shall be punished by imprisonment for not 7
less than one month nor more than two \ears. 8
Section 60. The superior court shall have jurisdiction in equity to
r.„..„„^.__. enforce the provisions of sections thirty-five to fifty-nine, inclusive, and
i928r388,'§ 14. rulcs, regulations and orders made thereunder, and to restrain the vio-
lation thereof.
Court enforce-
ment of
provisions a3
to aircraft
CHAPTER 91.
WATERWAYS.
Sect.
1. Definitions.
2. Duties of department relative to
commonwealth lands and certain
islands.
2A. Powers as to property in Plymouth
acquired, etc., by Pilgrim tercen-
tenary commission.
3. Powers as to part of Boston harbor.
4. Development of Boston harbor. Ac-
cess to piers, railroads, etc.
5. Power to take and hold real estate,
etc., and build thereon.
6. Power to lease wharves, piers, etc.
Port of Boston Fund.
7. Equipment of piers, etc.
8. To acquire title, etc., to Apple island,
etc.
9. To make plans, etc., for the utiliza-
tion of acquired property, etc.
10. Powers and duties relative to harbors,
etc.
11. Improvement and preservation of
rivers, harbors, etc.
12. May license certain structures in
Connecticut, Westfield and Merri-
mack rivers.
13. Licenses in Connecticut river and
great ponds as to booms, etc.
14. License of erections, pipe lines, etc.,
in, over or under tide waters.
15. Licenses to be revocable and to expire
in five years, except so far as acted
on.
16. Certain authority heretofore granted
in Boston harbor to cease, etc.,
when.
17. Licenses, how to be construed, etc.
18. Licenses, form of; how granted, etc.
ISA. Public access to great ponds.
19. Structures in great ponds restricted.
20. Supervision of erections, etc., in tide
waters, ponds, etc., under legisla-
tive grants.
21. Compensation for tide water dis-
placed.
Sect.
22.
23.
24.
25.
26.
27.
2S.
Additional compensation when title
to land is in the commonwealth.
Unauthorized erections, etc., in tide
waters to be nuisances.
Certain moneys to be paid into gen-
eral fund, etc.
Powers and duties relative to prov-
ince lands.
Portion of province lands exempt
from certain provisions of law.
Bounds, etc., of province lands.
Unlawful existing structures not
legalized.
29. Cities and towns may appropriate
money and assume liabilities for
certain improvements, etc.
30. Prohibition of removal of gravel, etc.,
from beaches. Penalty.
31. Surveys, improvements, etc., of har-
bors.
32. Connecticut river to be surveyed,
etc.
33. Improving the topographical survey
of the commonwealth. Sale of
maps.
34. Estabhshment of harbor hnes.
35. Great ponds defined.
30. Applications to congress for appropri-
ations for harbors.
37. Enforcement of stipulations in deeds
from the commonwealth.
38. Removal of wrecks, etc., on shores,
etc.
39. Removal of wrecks, etc., in tide
waters.
40. Notice to owner of vessel.
41. Removal after notice.
42. Liability for expense of removals.
43. Vessel may be sold, when.
44. Insurer lial)le, when.
45. Application to United States for re-
imbursement.
40. Breaking up and disposal of certain
flo.iting structures, etc.
47. Same subject. License, bond, etc.
Chap. 91.]
WATERW.WS.
1021
Sect.
48. Department may complete work,
when.
49. Penalty for grounding scow, etc.,
failing to obtain license, etc.
50. Foreign corporations engaged in
wrecking or salvaging business to
be licensed, etc. Penalty.
51. Preceding section not to impair any
right, etc., derived from federal
government.
52. Transportation and dumping of
dredged material in tide waters,
etc. Payment of cost of supervi-
sion.
Sect.
53.
54.
55.
56.
58.
59.
Terms of license, etc.
Supervision of dumping. Collection
of cost of supervision.
Penalty.
Four preceding sections not to apply
to certain officials.
Jurisdiction of violations of this chap-
ter.
Arrest without warrant.
Discharge of oils, etc., into or on
certain waters and flats prohibited.
1 Section 1. In this chapter, unless the context otherwise requires, the Ocanitions.
2 following words shall have the followincr meanings:
3 "Boston harbor", that part of Boston harbor lying westerly and in-
4 side of a line drawn between Point Allerton on the south and the southerly
5 end of Point Shirley on the north.
6 "Department", the department of public works.
1931, 394, § 49.
7 " Structure " or " structures ", as used in sections ten, twelve to twenty-
8 two, inclusive, twenty-eight and thirty-four, shall include pipe lines,
9 wires and cables, and all words used in connection with "structure" or
10 "structures" shall mean and include their appropriate equivalent as
1 1 applied to pipe lines, wires and cables.
1911, 748, § 4.
1919, 350,
§ 113.
1927, 106, § 1.
1 Section 2. The department shall, except as otherwise provided, ^par'^^nt
2 have charge of the lands, rights in lands, flats, shores and rights in tide relative to
P . t 11 1 1 II e X- l_l commonwealth
3 waters belonging to the commonwealth, and shall, as tar as practicable, lands and
4 ascertain the location, extent and description of such lands; investi- im's-ilT" ^'
5 gate the title of the commonwealth thereto; ascertain what parts thereof a s.'5.^§ is-,
() have been granted by the commonwealth; the conditions, if any, on l|i.|,|39,
7 which such grants were made, and whether said conditions have been |>^gf,;,*j|
8 complied with ; what portions have been encroached or trespassed on, isse, 144.
9 and the rights and remedies of the commonwealth relative thereto; pre- r. l'. 96,'§3.
10 vent further encroachments and trespasses; ascertain what portions of 1919! 350!
11 such lands may be leased, sold or improved with benefit to the common- 193" ag^^j 50.
12 wealth and without injury to navigation or to the rights of riparian IosmS:!!!:
13 owners; and may lease the same. It may sell and convey, or lease, any 224 Mass^si.
14 of the islands owned by the commonwealth in the great ponds. It may 307'^^|;
15 make contracts for the improvement, filling, sale, use or other disposi- (i9i9)'7i'.
16 tion of the lands at and near South Boston known as the Common-
17 wealth flats, may lease any portion thereof with or without improve-
18 ments thereon, may regulate the taking of material from the harbor and
19 fix the lines thereon for filling said lands. All conveyances and con-
20 tracts, and all leases for more than five years, made under this section
21 shall be subject to the approval of the governor and council.
1 Section 2A. The department, having charge under section two of p°o"frty1n°
2 the lands, pier, structures and other property in the town of Plymouth f^^;j|°^"<}^etc.,
3 belonging to the commonwealth which were acquired, built or improved ^^ ^^^^^y '
4 by the Pilgrim tercentenary commission under chapter one hundred and commmswn ^
5 eighty-seven of the Special Acts of nineteen hundred and nineteen, may 1931! 394! § si.
1022
WATERWAYS.
[Ch.U'. 91.
repair, alter and maintain said pier and other structures, and if it deems 6
it advisable remo\-e said pier, or may equip, operate and administer 7
the same for the benefit of the commonwealth, and may from time to 8
time make such rules and regulations, and may charge such reasonable 9
rates for the use of said pier and equipment, as shall be approved by the 10
governor and council. All receipts hereunder shall be paid into the 11
state treasury. The town of Plymouth shall have police jurisdiction 12
over said lands, pier and other property. Subject to appropriation 13
and with the approval of the governor and council, the department may 14
arrange with said town or with any appropriate memorial or historical 15
society for the care, maintenance and use of said lands, pier and other 16
property or any part or parts thereof, and said town is hereby author- 17
ized to appropriate money to pay the costs and expenses of such care 18
and maintenance. With the approval of the governor and council, the 19
department may sell and convey or lease said pier. 20
Powers as to
part of Boston
harbor.
1897, 486, § 5.
R. L. 96, § 12.
1911, 748,
§§ 2-4.
1919, 325: 350,
§ 113.
1931,394,5 52.
173 Mass. 495.
Section 3. The department shall have all the rights, powers and 1
duties transferred to the directors of the port of Boston under section 2
four of chapter seven hundred and forty-eight of the acts of nineteen 3
hundred and eleven in respect to lands, rights in lands, flats, shores, 4
waters and rights belonging to the commonwealth in tide waters and 5
land under water in Boston harbor, or which adjoin the same or are 6
connected therewith, and shall have the same powers and duties relative 7
thereto as it has with respect to the Commonwealth flats under section 8
two. It may, in accordance with such plans as it adopts, excavate and 9
dredge in Boston harbor wherever public convenience and necessity 10
require. It shall at all times have access to any maps, charts, plans and 11
documents in the custody of any public board, commission or oflScer 12
relating to waters and lands in charge of the department, shall have 13
immediate charge of lands owned or acquired by the commonwealth 14
upon or adjacent to the Boston harbor front, except lands under control 15
of the metropolitan district commission, and shall have charge of the 16
construction of piers and other public works in said harbor, shall ad- 17
minister all terminal facilities under control of the department and 18
shall secure and keep full information as to the present and probable 19
future requirements of steamships and shipping and the best means which 20
can be provided at the port of Boston for the accommodation of steam- 21
ships, railroads, warehouses and industrial establishments.
Development
of Boston
harbor. Access
to piers, rail-
roads, etc.
1910, 648, § 5.
1911, 748,
§§ 4, 10, 18.
1913, 635, § 1.
1919, 350,
§ 113.
1931, 394, § 53.
'>!
Section 4. The department shall undertake such work for the
improvement, development, maintenance and protection of Boston
harbor as it deems reasonable and proper. It may, with the approval
of the governor and council, grade and suitably surface any railroad
locations or traffic ways which are or may be located on lands, flats or
rights therein, owned or acquired by the commonwealth in Boston
harbor, and may carry said ways or railroads over or under any railroad
or railway location or public way in order to eliminate crossings at grade,
and may provide suitable and convenient track connections between the
rails serving any pier or piers and those of any existing or propo.sed rail-
road that now reaches or hereafter may reach Boston. All piers con-
trolled by the department shall be accessible aiul open to all teaming 12
and lighterage traffic, subject to such regulations as the department 13
may from time to time make. Upon application to the department, 14
any railroad company that now reaches or hereafter may reach Boston, 15
1
2
3
4
5
6
7
8
9
10
11
ChAI'. 91.] WATERWAYS. 1023
If) either by its own rails or under trackage or traffic contract or agreement
17 with any other railroad company, shall be provided by the department
18 with a track connection with the tracks serving such pier or piers.
1 Section 5. With the consent of the governor and council, the depart- Pow^r to
_ ii-i'ii • • 'ikc and
2 ment may take by emment domain inider chapter seventy-nme or acquire hold real
3 by purchase or otherwise, and hold, such real property and such rights andbiiUd'^"
4 and easements therein as the department may from time to time consider unuiis, § 5.
5 necessary for the purpose of constructing, or securing the constructing |"i f;j '*^°'
6 or utilizing of, piers and, in connection therewith, highways, waterways, i^^i, 394. § 54.
7 railroad connections, storage yards and sites for warehouses and industrial
8 establishments, and may lay out and build thereon, and upon such other
9 lands within its jurisdiction under section three, such piers, with build-
10 ings and appurtenances, docks, highways, waterways, railroad connec-
11 tions, storage yards and public warehouses as the department deems
12 desirable; provided, that if general plans bearing the signed approval of
13 the department, given after due notice and a hearing, describing the
1-1 property and showing the location and character of any proposed docks,
15 piers, wharves, warehouses, factories, power plants, and industrial termi-
16 nals, of adequate and proper design and general suitability for the pur-
17 poses for which they are to be used, shall be filed with the department,
18 together with a notice signed by the owners or lessees or by others having
19 legal rights in the premises stating that they propose to construct upon
20 the property described the improvements shown by said plans and claim-
21 ing exemption from the taking by eminent domain as herein authorized
22 of any of such property, including the lands upon which said improve-
23 ments are to be constructed, then said land and said improvements shall
24 not be taken by the department by right of eminent domain without au-
25 thorization of the general court granted within forty years after the date
26 of filing of said plans, if substantial construction in general accordance
27 with such plans is actually begun in good faith within one year after the
28 date of approval by the department of the plans, and if said improvements
29 are finished substantially in accordance therewith within five years after
30 the beginning of construction of said improvements unless the department
31 shall extend the time within which said improvements shall be completed;
32 and provided, that after completion, said improvements during said
33 period of forty years are kept in suitable repair and are used for the pur-
34 poses to which said approval applied, and provided, that if general plans
35 bearing the signed approval of the department, given after due notice and
36 a hearing, and describing the property, and the location and character
37 of any existing docks, piers, wharves, warehouses, factories, power plants,
38 and industrial terminals, and certifying that they are of proper design
39 and adequate and suitable for the purposes for which they are to be used,
40 and that they are in proper condition and in thorough repair, shall be filed
41 with the department, together with a notice signed by the owners or
42 lessees, or others having legal rights in the premises and claiming exemp-
43 tion from the taking by eminent domain as authorized by this section of
44 any such property, including the lands upon which said improvements
45 have been constructed, then said land and said improvements shall not
46 be taken by the department by the right of eminent domain without
47 authorization of the general court granted within forty years after the
48 date of the approval by the department, if during that time such property
49 is kept in suitable repair and is used for the purposes to which said ap-
50 proval applied ; and provided, that none of the exemptions from the right
1024
WATERWAYS.
[Chap. 91.
of eminent domain herein provided for shall apply to the taking by the 51
department of any property necessary for providing suitable and con- 52
venient track connections between the rails serving any piers that may 53
be built, or acquired or improved under sections four and five or may have 54
been built or acquired or improved under corresponding provisions of 55
earlier laws, and the rails of any existing or proposed railroad that reaches 50
or may reach Boston. 57
Power to
lease wharves,
piers, etc.
Port of Boston
Fund.
1S97. 486, § 5.
R. L. 96, § 12.
1911, 748, §9.
1912, 181;
663, § 1.
1916, 2.32.
1919, 350,
§ 113.
1931, 394, 5 55.
Section 6. The department may lease for a period not exceeding
twenty years, under such covenants and conditions as it prescribes,
storage facihties, wharves, piers, bulkheads, docks, sheds, warehouses,
foreshores and industrial locations in Boston harbor within its charge. It
may lease sites for warehouses and industrial locations for a longer period,
but every lease of such sites for a period exceeding twenty years shall
provide for a readjustment of the rental at intervals of not more than
twenty years. No lease for a term exceeding five years shall be \'alid until
approved by the go\ernor and council. The income from all wharfage
and storage rates, use of cranes, lighterage, dockage and other charges,
and from the leases of lands, storage structures, wharves, piers, docks,
sheds, warehouses and industrial sites, all moneys received by the com-
monwealth under section twenty-one for tide water displacements in
Boston harbor, and all moneys hereafter received which on May twenty-
eighth, nineteen hundred and twelve, were required to be paid into the
Commonwealth's Flats Improvement Fund, shall be collected by the
department and paid to the commonwealth, to the credit of the Port of
Boston Fund. Said fund may be invested by the state treasurer at his
discretion from time to time as provided for the investment of the com-
monwealth's funds; and all income from such investments shall be added
to the fund. The department may expend the Port of Boston Fund to
operate, maintain, repair and preserve the property in Boston harbor
in the control of the department, and such sums as the legislature may
appropriate annually for salaries, office expenses, and general engineering
expenses in connection with the work of the department in Boston harbor
shall be paid so far as possible from said fund; any balance remaining from
said fund after the aforementioned expenses have been paid shall be
applied to the payment of interest and to the annual payments on account
of principal of any securities which may ha\'e been or may be issued to
raise money to be expended by the department for the development of the
port of Boston.
1
2
.3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
20
27
28
29
30
31
Equipment
of piers, etc.
1911, 748, § 8.
1919, 350,
S 113.
1931, 394, § 56.
Section 7. All piers and other similar structures in Boston harbor 1
built by the department or its predecessors shall be equipped, either by 2
the department or by the lessees thereof, with fireproof sheds, railway 3
tracks, cranes and other machinery and accommodations for the con- 4
venient, economical and speedy loading and discharge of freight ; and the 5
department may acquire, hold and operate such lighters and other vessels 0
as it deems convenient and needed therefor. The department shall make 7
such reasonable rules and regulations and charge such reasonable rates S
for the use of such structures and equipment as it may from time to time 9
deem wise. 10
tit'ie^^tf^'tn Section 8. The department shall take all proper measures to obtain 1
Apple island, from Bostou, witliout cxpeuse to the coninionwealth, a conveyance of ail 2
1911,748, § 11. the present right, title and interest of said city in and to Apple island, 3
CUAP. 91.] WATERWAYS. 1025
4 and the flats appurtenant thereto, and in and to any other flats and rights lo^io. 350,
5 of said city on the easterly side of East Boston, which the department 1931. 3W, § 37.
(3 deems are requiretl for the development contemplated by section four, and
7 said Boston may make such conveyance, and in furtherance of the de-
8 velopment of the port make conveyance to the department or others, but
9 only for maritime or commercial improvement, of any shore lands owned
10 by it elsewhere, acquired either by purchase or taking.
1 Section 9. The departmeni shall make, and, so far as practicable. To make plans.
2 put into execution, comprehensive plans providing, on the lands now ut'iii'zaUon of
3 owned or hereafter acquired by the commonwealth in Boston harbor, propeny. etc.
4 adequate piers, capable of accommodating the largest vessels, and in jSjJJ; ^ig; ^ '^^■
5 connection with such piers suitable highways, waterways, railroad con- fg^j" 394 5 53
6 nections and storage yards, and sites for warehouses and industrial
/
establishments.
1 Section 10. The department shall have general care and supervision Powers and
2 of the harbors and tide waters within the commonwealth, of the flats to harbors, etc.
3 and lands flowed thereby, of the waters and banks of the Connecticut p*f .' ig.**! e.^"
4 river and the banks and waters of the non-tidal portion of the Merrimack Jj*^£; l^'^y •
5 river and of all structures therein, in order to prevent and remove unau- js}^. ^i^, § i.
6 thorized encroachments and causes of every kind which may injure said Ig^j^.^^^' ^^
7 Connecticut river or said part of Merrimack rWer or interfere with the lOp'. a. g. 412!
8 navigation of such harbors, injure their channels or cause a reduction of
9 their tide waters, and to protect and develop the rights and property of
10 the commonwealth in such waters, flats and lands; and it may make such
11 surveys, examinations and observations as it deems necessary therefor.
1 Section 1 1 . Outside of Boston harbor, the department shall under- improvement
,,,. ,1 . I and preserva-
2 take such work tor the improvement, development, mamtenance ana tion of rivers.
3 protection of ri\ers, harbors, tide waters and foreshores as it deems i909?48i! '''
4 reasonable and proper, and for this purpose shall ha\e the same powers ilig.lso,
5 conferred upon it by section thirty-one. In selecting the places to do fgg'i^ 394, 5 go.
6 such work, the department shall consider the general public advantage
7 of the proposed work, the local interest therein as manifested by munici-
8 pal or other contributions therefor, the importance el the industrial or
9 commercial and other interests to be especially served thereby, and any
10 other material considerations affecting the feasibility, necessity or ad-
11 vantage of the proposed work or the ex-penditure therefor. No work
12 authorized by this section shall be begun until after a public hearing has
13 been held and a sur\ey and an estimate of the cost has been made.
1 Section 12. The department may license and prescribe the terms for May license
2 the construction or extension of a dam, road, bridge, or other structure, tuSTn'^con-
3 or the filling of land, the driving of piles, or the making of excavations, westMdand
4 in, o\'er, or upon the waters below high water mark of the Connecticut J;'™"'"'''
5 river or of that part of the Westfield river, in the towns of West Spring- |^i|J"'
6 field and Agawam, lying between the confluence of said river with the 1917. iVs; 240.
7 Connecticut river and the bridge across said river at Sufl^eld street in the § 113/ " '
8 said town of Agawam, and in, over and upon the waters of the non-tidal 1931; 394] § ei.
9 part of the IMerrimack river below high water mark; and the provisions
10 of this chapter shall apply to all such licenses. Every erection made, and
11 all work done on or within the banks of the Connecticut river, of said part
12 of the Westfield river or of said part of the Merrimack river, below high
1026
WATERWAYS.
[Chap. 91.
water mark, not authorized by the general court or by the department, 13
or made or done in a manner not sanctioned by the department, without 14
a Hcense as hereinbefore provided, shall be considered a public nuisance. 15
The attorney general and the district attorneys within their respective 16
districts shall, at the request of the department, institute proceedings to 17
enjoin or abate any such nuisance. This section and any such license shall IS
not impair the legal rights or remedies of any person. 19
Licenses in
Connecticut
river and
great ponds
as to booms,
1885, 344, § 3.
1888, 318, § 4.
1S98, 498.
R. L. 96, § IS.
1919, 350,
5 113.
1931, 394, § 62.
190 Mass. 307.
4 0p. A. G. 169.
License of
erections,
pipe lines, etc.,
in, over or
under tide
waters.
1872, 236,
§§ 1,?.
1S74, 347, § 1.
P. S. 19, §9.
R. L. 96, § 17.
1919, 350,
§ 113.
1930, 99, § 1.
1931,426, §206.
217 Mass. 381.
224 Mass. 31.
230 Mass. 139.
1 Op. A. G.
412, 480.
2 Op. A. G.
193, 249,
4 Op. A. G.
525.
Section 13. The department may license any person to construct
and maintain booms in or across the Connecticut river, for periods of not
more than five years, in such locations and upon such terms as it pre-
scribes, or to build and extend a wharf, pier or shore wall below high water
mark in said river, or to build or extend a wharf, pier, dam, wall, road,
bridge or other structure, or to drive piles, fill land or excavate in or over
the waters of any great pond below natural high water mark, or at or
upon any outlet thereof, upon such terms as the department prescribes;
but such license shall not validate acts beyond the line of riparian owner-
ship or affecting the level of the waters in such pond, miless approved by 10
the governor and council. 1 1
Section 14. The department of public works may license and pre- 1
scribe the terms for the construction or extension of a wharf, pier, dam, 2
sea wall, road, bridge or other structure, or for the filling of land or 3
flats, or the driving of piles in or over tide water below high water mark, 4
but not, except as to a structure authorized by law, beyond any estab- 5
lished harbor line, nor, unless with the approval of the governor and 6
council, beyond the line of riparian ownership. A license shall not be 7
granted for the construction of a bridge across a river, cove or inlet,
except in a location above a bridge, dam or similar structure authorized
by law over such tide water, in which no draw actually exists or is re-
quired by law, and not then, if objection is made by the aldermen or 11
selectmen of the town where the bridge is to be built. 12
The said department may license and prescribe the terms for the 13
construction or extension of a pipe line, conduit or cable under tide 14
water beyond any established harbor line; provided, that such pipe 15
line or conduit is entirely imbedded in the soil and does not in any part 1(5
occupy, or project into such tide water, and provided also that said 17
department may at any time require any pipe line, conduit or cable to IS
be moved or relocated if channel changes or alterations demand the same. 19
9
10
Licenses to be
revocable and
to expire in
five years,
except so far
as acted on.
1869, 432, § 1.
1874, 284, § 1.
P. S. 19, § 12.
1885, 344, § 3.
1888, 318, § 5.
R. L. 96, § 21.
1914, 717, § 3.
1917. 178. § 1;
240. § 1.
1927, 39, § 1.
Section 15. Every authority or license granted since eighteen
hundred and sixty-eight or hereafter granted by the commonwealth to
any person to build a structure or do other work in, over and under the
Connecticut river or the non-tidal part of the Merrimack river or in,
over or under the waters of any great pond or at any outlet thereof
below high water mark, or upon ground o\er which the tide ebbs and
flows, or to fill up or to enclose the same, whether such ground is abo\-e
or below low water mark, or within or beyond one hundred rods from
high water mark, or whether private projierty or jjroperty of the com-
monwealth, shall bo subject to the following coiulitions, whether ex-
pressed in the act, resolve or license granting the same or not: such
authority or license shall be revocable at the discretion of the general 12
court arid shall expire in five years from its date, except as to valuable 13
structures, fillings or enclosures actually and in good faith built or made 14
1
2
O
4
5
6
7
8
9
10
11
Chap. 91.] waterw.ws. 1027
15 under the authority or Hcense during the term thereof; but if compen-
1() sation has been paid to the commonwealth under section twenty-two
17 or under any simihir provision of hiw, the rights and privileges for which
18 it has been paid shall not so terminate or be revoked unless provision is
19 made for repaj'ment of such compensation.
1 Section 10. Every authority or license granted since eighteen Certain
2 hundred and si.xty-eight by the general court or by the department or hercSofe
3 its predecessors to any person to build or extend a wharf or other struc- Bo"ton''harbor
4 ture upon, or to drive piles in, or to fill or otherwise occupy, land in tide 'vhen"^"^' '^'°"
5 or navigable water, within Boston harbor, which is revocable at the \^\l' y^- § ^^■
6 discretion of the general court, and every other similar right or privilege fg^,^ gg^
7 within Boston harbor which is so revocable, whether or not compensation
8 has been paid under any provision of law or otherwise, shall hereafter
9 cease and determine, or be subject to forfeiture, in case of non-use of the
10 same for an unreasonable time without reasonable cause, and it shall be
11 prima facie evidence that the same is held unused in restraint of trade
12 when the tendency of such non-use is to prevent competition in its
13 broad and general sense, unless such person has, prior to July twenty-
14 eighth, nineteen hundred and twelve, made reasonable and substantial
15 use of structures, or has reasonably and substantially occupied land in
16 tide or navigable waters, for the purposes for which the authority or
17 license was granted; and thereupon, every such authority or license
18 and every similar right and privilege shall cease and determine on repay-
19 ment, or tender of repayment, by the commonwealth of compensation
20 therefor to the amount which shall have been paid to the commonwealth
21 in accordance with the terms of such authority or license; and the de-
22 partment and the attorney general shall cause a proper certificate of the
23 revocation of such authority or license to be recorded forthwith in the
24 registry of deeds for the county where such structure was built or work
25 done.
1 Section 17. No license or other authority to build structures upon Licenses, how
2 or to fill up or enclose any ground mentioned in the two preceding sections struldreTc.
3 shall be construed to interfere with or impair the right of any person §§*^?;|.^^'
4 affected thereby to equal proportional privileges of approaching low fsgl, 344^ § 4.
5 water mark or one hundred rods from high water mark, or harbor lines ^^^^ H^-X^,-
6 established by law, or to impair the right to obtain a license or authority isio 356,
7 so to approach of persons having interests in lands or flats which may be 1931.394. §64^
8 affected thereby, or to impair the legal rights of any person. All things * ^'
9 done under such license or authority shall be subject to the approval
10 of the department. If the general court establishes a harbor line within
11 the outer line covered by such license or authority, the same shall be
12 limited by and not extend beyond such harbor line. This section, so
13 far as may be, shall apply to licenses granted under section fifteen to
14 erect structures on great ponds.
1 Section 18. Every license granted under this chapter shall be Licenses, form
2 signed bv the department, shall state the terms on which it is granted granted, etc.
3 and specify by metes, bounds and otherwise the location, dimensions §§3,' 4.
4 and limits and the mode of performing the work authorized thereby. Ifi^.'l*^'
5 Before a license is granted, the department shall give notice to the ^^''^o.'^ii.
6 aldermen or selectmen of the town where the work is to be performed iss^, 344, § a.
1028
WATERWAYS.
[ClIAP. 91.
1888, 318, § 5.
R. L. 96,
§§ 19, 20.
1917, 178, § 1;
240, § 1.
1919, 350.
§ 113.
1931,394, §65.
that they may be heard. The recital in a Hcense that a notice required 7
by law has been given, or that the aldermen or selectmen have not ob- 8
jected, shall be conclusive evidence of such facts. The department shall 9
keep a record of each license and a plan of the work or structure. Such 10
license shall be void unless, within one year after its date, it and the 11
accompanying plan are recorded in the registry of deeds for the county 12
or district where the work is to be performed. 13
Public access
to great ponds.
1923, 453.
1931, 394, § 66.
Section ISA. Upon petition of ten citizens of the commonwealth 1
that in their opinion public necessity requires a right of way for public 2
access to any great pond within the commonwealth, the department and 3
the attorney general or a representative designated by him sitting 4
jointly shall hold a public hearing and receive such evidence thereon as 5
may be presented to them. The joint board may make such additional 6
investigation as it deems desirable and if it appears to said board that 7
such a right of way exists it shall present a petition to the land court for 8
registration of the easement. If it appears that no right of way exists 9
it shall submit a report, together with recommendations thereon, to the 10
general court on or before January first of the following year. This 11
section shall not apply to any body of water used as a source of water 12
supply by the commonwealth or by any town or district, or water com- 13
pany, nor shall it affect the right of the commonwealth or any town or 14
district or water company to the use and control of the waters of any such 15
pond for the purposes of a water supply, nor shall it aft'ect or diminish any 16
existing right to the use of the water of any such pond for mercantile or 17
manufacturing purposes. 18
freafp"ondi° SECTION 19. Exccpt as authorized by the general court and as pro-
ilss'lis § 2 ^'■•^•^fl in this chapter, no structure shall be built or extended, or piles
R^l'96/§i5^ driven or land filled, or other obstruction or encroachment made, in,
*"■ ' ' ' over or upon the waters of any great pond below the natural high water
mark; nor shall any erection or excavation be made at any outlet thereof
whereby the water may be raised or lowered.
Supervision
of erections,
etc., in
tide waters,
ponds, etc.,
under legisla-
tive grants.
1866, 149, § 4.
P. S. 19, §8.
1885, 344, § 2.
1888, 318,
R. L. 96,
1914, 717,
1919. 350,
§ 113.
1931, 394,
118 Mass. 345.
119 Mass. 518.
182 Mass. SO.
247 Mass. 483.
lOp. .\.c;.480.
§3.
16.
, 67.
Section 20. Whoever is authorized by the general court to build 1
over tide waters a bridge, wharf, p'wr or dam, to fill flats or drive piles 2
below high water mark, or to build any structures in the Connecticut 3
river, or in the non-tidal part of the Merrimack river, or to build or ex- 4
tend any structure or to do any other work mentioned in the preceding 5
section in, over or upon the waters of any great pond, shall not com- 6
mence such work until he has given written notice thereof to the de- 7
partment and submitted plans of any proposed structure, the flats to 8
be filled, and the manner in which the \^■ork is to be performed, and 9
the same has been approved in writing by the department, which may 10
alter such ])lans and prescribe any direction, limits and manner of doing 11
the work consistent with the legislative grant. Such works shall be 12
supervised by the department. bj
Compensation
for tide water
displaced.
1800, 149, § 4.
1872, 234.
1878. 74. § 1.
P. S. 19.
8§14. 15.
R. L. 96. § 23.
Section 21. The amount of tide water displaced by any structure 1
below high water mark, or an\- filling of flats, shall be ascertaiueil by the 2
dejiartment, which shall re([uire the persons who cause such displace- 3
ment to make compensation therefor by excavating, under its direction, 4
between high and low water mark in some part of the same harbor a 5
Chap. 91.] waterways. 1029
6 basin for a quantity of water equal to that displaced : or by paying to mo. 350,
7 the commonwealth, in lieu of such excavation, an amount assessed by Hiln'goi, § 6S.
8 the department, not exceeding thirty-se\en and one half cents per cubic 247 mITh, Ht
9 yard of water displaced; or by improving the harbor in any other manner oS^hm ^'
10 satisfactory to the department. An assessment for tide water which Op'a. g.
11 has been displaced may be recovered in contract in the name of the
12 state treasurer.
1 Section 22. If authority or a license is granted by the general court Additional
■ ••■■A I conipGnsatiOO
2 or by the department to a person to build a whart or other structure when title to
3 upon, or to fill or otherwise occupy, land in tide water, or to build or commonwealth.
4 extend any structure or drive piles, fill land or make any obstruction, §§ /;2.*'*'
5 encroachment or excavation in, over or upon the waters of any great fis^g, s'l's^ § s'.
6 pond, he shall, before the work is begun, pay to the commonwealth such fgjg; 3f5_^ ^''■
7 compensation for the rights granted in any land the title to which is in ,s„VA.j„,' , .„
1 11 11111 -111 1 'I ly-ji- ■>""*' s oj-
8 the commonwealth as sliall be determinetl by the governor and council.
9 This section shall not apply to authority granted to a county, city or
10 town for the construction, widening or maintenance of a bridge con-
11 stituting a part of a highway.
1 Section 2.3. Every erection made and all work done within title Unatithorized
2 water, or within the waters of a great pond or outlet thereof, or on or fnTidewat'era"
3 within the banks of the Connecticut river, or the Merrimack river, be- isee, U9?§T'
4 low high water mark, not authorized by the general court or by the J'jl^ ^^^^ Ye
5 department, or made or done in a manner not sanctioned by the de- iss^. ^^^Itl'
6 partment, if a license is required as hereinbefore provided, shall be con- 1919, 356.
7 sidered a public nuisance. The attorney general or the district at- 1931.394, §70.
8 torneys within their respective districts shall, at the request of the {JsMassJis!
9 department, institute proceedings to enjoin or abate such nuisance, or [H HlH' |g|
10 to restrain the removal of material from any bar or breakwater of any 1^* Mass. 91^
11 harbor.
230 Mass. 139.
1 Section 24. Except as is provided in section six, all moneys received fjf be^paS""''^''
2 in payment for tide water displaced and for rights and privileges granted j°'„°,*='g°;!'''''
3 in tide water land of the commonwealth and in the commonwealth's isesi 149, § 4.
• 1 S7S 74
4 land in great ponds, under licenses and permits granted under this chap- p. s.'ig, § 14.
5 ter for structures and other work, shall be paid into the general fund or 1912; 257,^^1.'
6 ordinary revenue.
191S. 21. 1925, 196, § 1.
1 Section 25. The department shall have general supervision of so Powers and
2 much of the province lands at Provincetown as lies north and west of a to'prm^iiice"''
3 line beginning at a point at or near the shore of Provincetown harbor, 'I'ggs! 470, § 1.
4 in latitude north forty-two degrees, two minutes, and longitude west fgjg ffg^ *•
5 seventy degrees, eleven minutes, forty-five seconds; thence northwesterly fg3\^394 571
6 to a point in latitude north forty-two degrees, three minutes, eight
7 seconds, and longitude w'est seventy degrees, twelve minutes, forty-
8 eight seconds; thence northeasterly to a point in latitude north forty-
9 two degrees, three minutes, twenty-eight seconds, and longitude west
10 seventy degrees, eleven minutes, thirty-three seconds; thence due north
11 to a point in latitude north forty-two degrees, three minutes, forty-eight
12 seconds; thence due east to a point in the eastern boundary of the
13 province lands.
1030
WATERWAYS.
[Chap. 91.
Portion of
province lands
exempt from
certain pro-
visions of law.
1893, 470, § 4.
a. L. 96, § 5.
Section 26. Section two of this chapter, chapter two hundred and 1
sixty-one of tlie acts of eighteen hundred and fifty-four, chapter one 2
hundred and forty-four of the acts of eighteen hundred and eighty-six, 3
so much of section one of chapter eleven of the province laws of seven- 4
teen hundred and twenty-seven as is contained in the following words 5
"saving always the right and title of this province to the said lands 6
which is to be in no wise prejudiced", and all other acts or parts of acts 7
which refer to the province lands at Provincetown, except the act in- 8
corporating said town, shall not apply to that portion of said province 9
lands b'ing east and south of the line fixed in the preceding section. 10
nf^mvl'ntl"" Section 27. The department shall fix and mark the bounds of the 1
'rsos'^^ro 5 ' province lands within its jurisdiction and establish regulations for the 2
R. l'. ge.VeT' care thereof. 3
1919,350, §113.
1931, 394, § 72.
Unlawful ex-
isting struc-
tures not
legalized.
18S8, 318, § 7.
1891, 266, § 2.
R. L. 96, § 26.
Section 28. This chapter shall not legalize any structure, filling or 1
other occupation or encroachment, made or done without authority, 2
upon the waters in or the land under any great pond prior to May ninth, 3
eighteen hundred and eighty-eight, or in or upon the Connecticut river, 4
below high water mark, prior to April thirtieth, eighteen hundred and 5
ninety-one, or as waiving or impairing any rights or remedies of the com- G
monwealth or of any person relative thereto. 7
Cities and
towns may
appropriate
money and
assume liabili-
ties for certain
improvements,
1909, 481, I 3.
1913, 635, § 3.
1919. 350,
§113.
1931, 394, § 73.
Section 29. A town may appropriate money for the improvement of 1
rivers, harbors, tide waters and foreshores within its jurisdiction, and the 2
money so appropriated shall be paid to the state treasurer and be expended 3
by the department for said purposes within the limits of such town ; and 4
the town may also assume liability for all damages to property suffered 5
by any person by any taking of land, or of any right, interest or easement 6
therein, within the town made by said department for the purposes 7
hereinbefore authorized. 8
Prohibition of
removal of
gravel, etc.,
from beaches.
Penalty.
1884, 269, § 2.
1892, 206.
R. L. 96, § 11.
1931, 394, § 74.
182 Mass. 598.
Section 30. If it appears to the department that the digging or re- 1
moval of stones, gravel, sand or other material, upon or from any beach, 2
shore, bluff, headland, island or bar, in or bordering on tide waters, or the 3
destruction of any trees, shrubs, grass or other vegetation growing thereon, 4
is, or is likely to prove, injurious to any harbor or other navigable tide 5
waters, the department may, by written notice, prohibit such digging or 6
removal, or the doing of any acts injurious to such trees or other \-egeta- 7
tion, upon or from any such beach or other place aforesaid specified in such 8
notice. Whoever, after receiving such notice, wilfully does any act or 9
thing prohibited therein, and which is authorized to be so prohibited by 10
this section, or, being the owner or having the control of any land specified 1 1
in such notice, wilfully suffers or permits such act or thing to be done 12
thereon, shall be punished by a fine of not less than twenty nor more than 13
two hundred dollars. 14
Section 31. The department may make surveys and improvements
repair damages occasioned by
storms or other destructive agencies along the coast line or river banks
Surveys, im-
provements,
1901 "39"'^'"^^' ^or the preservation of harbors antl n\i\y
§§ 1,'2,4.'
§§9, 10." of the commonwealth, and may take by eminent domain under chapter
i93i! 394', s 75^ seventy-nine, or acquire by purchase or otherwise, in the name and behalf
2 Op. A. .72. ^j ^j^^ commonwealth, any laud or materials necessary for making such
CUAP. 91.] WATERWAYS. 1031
7 improvements or repairs. No contract made under the authority of this
8 section shall be vahd until approved in writing by the governor and
9 council.
1 Section .32. The department shall, as funds are appropriated there- Connecticut
2 for, cause that portion of the Connecticut river lying within the common- sur"e.TOd,%tc.
3 wealth to be surveyed and plotted, and a copy of such survey within the §§*5,'g.^^'
4 limits of Hampden, Hampshire and Franklin counties, respectively, to Joia, 1%^ ^^■
5 be prepared, attested by them and deposited in the registry of deeds iVaV'sg^'jyg.
6 for the county to which it relates, as a public record.
1 Section 33. The department may make such surveys and do such improving the
2 other work as may be required by any order of the land court, to re- survey of the
3 establish and permanently mark certain triangulation points and stations sSeZrm^pJ: '
4 pre\iously established in connection with the topographical survey of the JgJI; 350; ^ ^•
5 commonwealth, and the town boundary survey, which have been lost or 1^23.'^?. § 2.
0 destroyed, and to obtain the geographical position of such new points and l^ljj''^^.
7 stations as ma\- be required from time to time b\' the court. The depart-
8 ment may sell at such prices and on such conditions as it may prescribe
9 maps prepared by it from time to time in connection with its functions
10 under this chapter in respect to waterways and public lands.
1 Section 34. The department of public works may, after hearing the Establishment
2 parties interested, prescribe lines in any harbor of the commonwealth and isoe, 149, § 3.'
3 make report thereof to the general court, not later than the next session, r. L.i^,| u.
4 for its action thereon. If such lines are established by the general court fna.^^"'
5 as the harbor lines of said harbor, no wharf, pier or other structure shall aolVa^ss.Mv.
6 thereafter be extended into said harbor beyond such lines, except as pro-
7 vided by section fourteen. Notice of the hearing shall be published three
8 weeks successively in a newspaper puljlished in Boston and in one or more
9 pubHshed in the county or counties where such harbor lies, the first publi-
10 cation to be at least thirty days before the hearing.
1 Section 35. The provisions of this chapter relative to great ponds Great ponds
2 shall apply only to ponds containing in their natural state more than ten isss, sis, § 1.
3 acres of land, and shall be subject to any rights in such ponds which have fgsVat's.^L'
4 been granted by the commonwealth.
1 Section 36. The department may apply to congress for appropria- AppUcations
2 tions for the protection and improvement of any harbor in the common- appropr?a«on3
0 1 . 1 for harbors.
3 wealth.
1866, 149, 5 6. R. L. 96. § 28. 1931, 394, § 77.
P. S. 19, § IS. 1919, 350, § 113.
1 Section 37. If the commonwealth has the right under stipulations Enforcement of
,,,... ■ 1 j_i stipulations in
2 in a deed given m its name to enter upon premises and, at the expense deeds from the
3 of the party at fault, to remove or alter a building, any of its grantees is™G!"26r,°^
4 under similar deeds, their heirs, legal representatives or assigns may in- |>^ l'\g_ § 5.
5 stitute proceedings in equity to compel the department to enforce such fgg^- 394_^5^78.
6 stipulations.
101 Mass. 512. 140 Mass. 329. 201 Mass. 214.
1 Section 38. The department shall take charge of any wrecked vessel ]^gX,^'tf.,
2 or other shipwrecked property, on any of the shores or waters of the ^^/^''"^gg;''"'-
3 commonwealth, except the Charles river basin, and not in the custody §§ i.'a.
1032
WATERWAYS.
[Chap. 91.
R. S. 57,
§§2-14.
1839, 111.
G.S. 81,
§§2-14.
P. S. 97,
§§2-14.
1883, 260,
1885. 341,
§§4-7.
1887, 98.
§§3-15.
§7.
of the owner or his agent or of any other person lawfully authorized to
take possession of it, if the value thereof is one hundred dollars or more,
and may take charge of any such vessel or property if it is of less than said
value. The department may make rules and regulations necessary for
taking charge of such vessel, or property, for restoring it to its owners
upon payment of the expense incurred by the commonwealth in the
taking and care thereof, or for otherwise disposing of such property.
R. L. 97, §§ 3-13, 21.
1918,257, §§334, .335.
1919, 5; 350, § 113.
1920,
1931, 394,
§79.
106 Mass. 2S6.
4 Op. A. G. 449.
4
5
6
7
8
9
10
Removal of
wrecks, etc.,
in tide waters.
1883, 260, § 1.
R. L. 97, § 15.
1910, 585.
1919. 350,
§ 113.
1931, 394, § so.
Section 39. If a wrecked, sunken or abandoned vessel, or any 1
unlawful or unauthorized structure or thing, is deposited or suffered to 2
remain in the tide waters of the commonwealth, except the Charles 3
river basin, and if the department deems it is, or is liable to cause or 4
become, an obstruction to the safe and convenient navigation or other 5
lawful use of such waters, the department shall remove it or cause it to 6
be removed. '
Notice to
owner of
vessel.
1883, 260. §
R. h. 97, § 1
1919. 350,
§ 113.
1931, 394, §
81.
Removal after
notice.
1883, 260, § 3.
R. L. 97, § 17.
1919, 350,
§113.
1931, 394, § 82
Liability for
expense of
removals.
1883, 260, § 4.
R. L. 97, § 18.
1919, 350,
§ 113.
1931,394, § S3,
Section 40. If any person in the United States is known to the
department as the owner of such vessel or of any interest therein, or as
having or exercising any control o\er it as master, agent, insurer or
otherwise, or as having alone or with others built, deposited or caused
any other unlawful obstruction, or as owning, maintaining or using the
same in whole or in part, the department shall give him written notice
to remove such vessel or other obstruction within a time therein specified.
Such notice shall be deemed a sufficient notice to all such owners and
other persons if ser\-ed on one or more of them by the department, or
by its order, by delivering the same in hand, by leaving it at the usual
place of business or abode or duly mailing it to the post office address 1 1
of the owner or other person upon whom it is to be served. 12
1
2
3
4
5
6
7
8
9
10
Section 41. If such A-essel or other obstruction is not removed within
the time specified in such notice, and in a manner and to a place satis-
factory to the {leijartment, or if no such owner or other person upon
whom notice can be ser\ed is known to the department, it may remo\e
such vessel or other obstruction, or complete the remo\al thereof, or
cause the remo\al to be made in such manner and to such place as it
deems best; and the necessary cost and expenses of such remo\al, if
not paid by some owner or other person liable therefor, shall, when
certified by the department and approved by the governor and council,
be paid by the commonwealth.
1
2
3
4
5
()
7
8
9
10
Section 42. Whoever owns a vessel or an interest in a vessel wil-
fully or maliciously wrecked, sunk or abandoned as aforesaid and removed
as provided in the preceding section, either when such vessel became an
obstruction or at any time before such removal is completed, and who-
ever has or exercises any control over such vessel or any part thereof,
and the peivsoiis originally building, depositing or causing any other
obstruction so rcm()\'ed, or owning, maintaining or using the same in
whole or in part at the time of such removal or at any time prior thereto,
shall be liable for the cost and expenses of such removal, or to re])ay the
same when paid by the commonwealth; and such costs and expenses
may be recovered in an action of contract brought by the department 11
in the name of the commonwealth against such owners or other persons, 12
1
2
3
4
5
6
7
S
9
10
Chap. 91.] w'.\terw'ay.s. 1033
13 or any of them. The attorney general and the district attorneys within
14 their respective districts shall commence and con(kict such actions.
1,5 All money so repaid or recovered shall be paid to the commonwealth.
l(i Whoever, on a judgment or otherwise, pays more than his proportion
17 of the costs and expenses aforesaid, shall have a claim for contribution
18 against other parties liable therefor according to their respective interests.
1 Section 4.3. If the cost and expenses of removing a vessel or other Vessel may be
i ^^x^v^i n . 1 '1 • 1 I xl sold, when.
2 obstruction as aforesaid are not paid or repaid by some owner or other isss, poo, § 5.
3 person liable therefor within ten days after such removal has been com- igig; 355,^ ^^"
4 pleted, the department may sell such vessel or other obstruction, or the fg^i^gi, 5 34.
5 materials and appurtenances thereof, at public or private sale, and the
6 net proceeds of such sale shall be paid to the commonwealth and deducted
7 from the amount to be repaid or recovered as provided for in the pre-
8 ceding section.
1 Section 44. An insurer of a vessel who has paid the loss thereon insurer liable.
2 shall not, by reason of such insurance, be held liable to remove such LS8li!'260. §6.
3 vessel, or to pay the cost and expenses of such removal, unless he has ''' ^' °^' ^ ~°"
4 exercised some act of ownership or control o\-er such vessel or some
5 part or appurtenance thereof or received the proceeds of the sale thereof.
1 Section 45. The department shall make application to the govern- Application to
2 ment of the United States for reimbursement of any amounts expended for'rlim-
3 under any provision of the seven preceding sections, which, in the opin- i883!'26o,*'§ 10.
4 ion of the department, might properly be paid by the United States. ^- ^- ^^' ^ 2^-
1919, 350. § 113. 1931, 394, § 85.
1 Section 46. The owners of any vessel, scow, lighter or similar Breakmg^up
2 floating structure lying within the limits of any harbor of the common- of'cenam'''
3 wealth shall not, without first obtaining a license therefor from the f°fes°ftc"'"""
4 department, cause or permit the same to be broken up or altered to J||0|; ^|^; ^ ^■
5 such an extent that it will not keep afloat with ordinary care, nor shall fg^j^.^^^' ^ ^^
6 they ground any such craft within any such harbor or permit other [p^^^ity, \ 49.]
7 persons so to do, or to remove any part thereof.
1 Section 47. Upon the application of the owner of any vessel, scow, fame subject.
. .1 • !• License, bona,
2 lighter or similar floating structure, the department may issue a license eto.^ ^^
3 authorizing him to break up such vessel or other floating structure upon §5 2,' 3.^ '
4 the following conditions: first, that the written consent of the owner of f/fj.^'^"'
5 the premises where the work is to be done shall first be obtained and i^^i' ^^*' 5 ^''■
6 filed with the department; second, that all the material composing the [Penalty, H9.i
7 vessel or other structure shall be removed wholly from tide water, to
8 the satisfaction of the department; third, that the work shall be com-
9 pleted within a certain fixed time, which may be extendefl by the depart-
10 ment; fourth, if the work is not completed at the time fixed in the
11 license or as so extended, the department may cause the work to be
12 completed at the expense of the licensee; and fifth, such other conditions
13 as the department deems proper in any case. Before receiving the
14 license, the licensee shall file a bond with the department in a sum fixed
15 by it, with satisfactory sureties, in which the commonwealth is obligee,
16 conditioned to perform the pro\isions of the license and to pa\' to the
17 commonwealth such sums as it may expend in connection with the
18 work licensed.
1034
WATERWAYS.
[Ch.\p. 91.
Department SECTION 48. Whenever a licensee under either of the two preceding 1
woHi^w'heif. sections fails to comply with the terms of his license, the department 2
1919! 35o: ^ *■ may proceed to complete the work and remove from tide water all 3
i93i%94, § 88. materials composing the vessel or other structure, and the cost thereof 4
shall, in the first instance, be paid from the appropriation made therefor. 5
If not repaid to the commonwealth by the licensee, upon demand, it 6
may be reco\ered by the state treasurer in contract, brought by him 7
in behalf of the commonwealth in the superior court against the licensee 8
or the sureties on his bond. 9
Penalty for
grounding
scow, etc.,
failing to
obtain li-
cense, etc.
1908, 595, § ;
1910, 255.
1928, 122.
Section 49. Whoever intentionally grounds any vessel, scow, lighter 1
or similar floating structure within the limits of any harbor of the com- 2
monwealth or permits other persons so to do shall be punished by a fine 3
of not less than fifty nor more than five hundred dollars. Whoever 4
fails to obtain the license required by section forty-seven, before be- 5
ginning the work of breaking up or altering any vessel, scow, lighter or 6
similar floating structure, as described in section forty-six, shall be 7
subject to a penalty of not less than five dollars nor more than five hun- 8
dred dollars to the use of the commonwealth, to be recovered by an 9
information in equity brought by the attorney general, at the relation of 10
the state treasurer, in the supreme judicial court. H
Foreign cor-
porations en-
gaged in wreck-
ing or salvaging
business to be
licensed, etc.
Penalty.
1917, 305,
§5 1,2.
1919, 350,
S 113.
1931, 394, § 89.
Section 50. No foreign corporation shall engage in the business of
wrecking or salvaging in the navigable waters of the commonwealth
without first obtaining a license therefor from and filing a bond with
the department. The license, efi'ective for one year from the date of
its issue, shall be granted upon payment of a fee, not exceeding twent\--
five dollars, to be fixed by the department. The bond shall run to the
state treasurer in a sum and with security satisfactory to the depart-
ment, and shall be conditioned upon payment by the licensee of such
amounts as shall lawfully be due to any person for damage to person or
property caused by any act of the corporation, its agents or ser\-ants, in 10
the commonwealth. Whoever violates this section shall be punished 11
by a fine of not less than fifty nor more than three hundred dollars. 12
Preceding
section not
Section 51. The preceding section shall not impair any right or
trimpaiVany authority dcrivcd from, or exercised under, any law of the L nited
der'ived'from Statcs, or any right, license or privilege lawfully granted by any de-
partment thereof.
federal gov-
ernment.
1917, 305,
Transportation
and dumping
of dredged
material in
tide waters,
etc. Payment
of cost of
supervision.
1907, 229, § 1.
1912, 257,
663, § 1.
1918, 21.
1919, 350,
§ 113.
1925, 196, § 2.
1931, 394, § 90.
, §2;
Section 52. The department shall supervise the transportation and 1
dumping of all material dredged in the tide waters of the commonwealth, 2
or of any other material which ma\' be placed in scows or boats to be 3
transported and dumijed in tide water, and may employ necessary in- 4
spectors therefor, who shall accompany the material while in transit, .5
either upon the scows containing the material or upon the boat towing 0
them, upon which they shall be provided with proper and suitable 7
quarters and board by the owner of the boat. The cost of such super- 8
vision and also of the supervision iiiuler licenses and permits authorizing 9
such transportation or dumping granted by the department, shall in 10
the first instance be paid from such appropriation as may be availai)le, 11
if the material is taken outside of Boston harbor, and from the Port of 12
Chap. 91.] waterways. 1035
13 Boston Fund if taken in said harbor, and shall be repaid to the common-
14 wealth monthly by the owners of the dredges or other machines doing
15 the excavating when the material is dredged in tide water and credited
16 respectively to the general fund or ordinary revenue or to said Port of
17 Boston Fund, and, in the case of other material, by the owners of the
18 scows in which it is transported, the monthly amount due from each
19 owner to be determined and certified to the state treasurer by the dc-
20 partment.
1 Section 53. Every license or permit issued to anv person to dredge Terms of
., I.*, til 11 ,• ■• iL X license, etc.
2 m the tide waters oi the commonwealth shall contaui a provision that 1907. 229, § 2.
3 the transportation and dumping of the dredged material shall be done fifi''''^'
4 under the supervision of the department as provided in the preceding ^^^^' ^^*' ^ ^^■
5 section, and that the licensee shall be held liable to pay the cost of said
C supervision whenever the owner of the dredge or excavating machine
7 fails to pay for the same within ten days after written notification from
8 the state treasurer that the same is due.
1 Section 54. Every contractor or other person shall, at least three supervision of
2 days before commencing any piece of dredging in tide water, give written cofSon of
3 notice to the department of the location and amount of the proposed ^uplrWaion.
4 work, and the time at which it is expected work will begin and, except 55°!; I^'^'
5 with the written assent of the department, no dredged or other material l"/]'^^^"'
6 which it is proposed to dump in tide water, shall be transported or 1931, 394, § 92.
7 dumped within the tide waters of the commonwealth, unless there is
8 present on board the scows containing the material, or on the boat tow-
9 ing the same, an inspector employed for that purpose by the department;
10 and no such material shall, in any event, be dumped within the limits of
1 1 any channel which has been deepened by dredging, nor in any other part
12 of the tide waters of the commonwealth, unless the same is duly author-
13 ized. The state treasurer may recover in contract from such contractor
14 or person the cost of supervision determined as provided in the two
15 preceding sections.
1 Section 55. Whoever violates any provision of the three preceding Penalty
2 sections or of any license or permit granted under said sections shall, upon }9?9; HI]
3 complaint by the department or its agent to the superior court, be sub- fggV' 394, 5 93.
4 ject to a fine of not more than five hundred dollars, to be paid to the
5 commonwealth, upon the judgment or order of the court.
1 Section 56. The four preceding sections shall not apply to the Four preceding
2 dredging, transporting and dumping of material by the United States, ^^a^piy'to
3 its officers or other duly authorized agents. ™^'^'° °'^"^''-
1907, 229. § 6.
1 Section 57. The supreme judicial court shall have jurisdiction in jurisdiction of
2 equity, upon information filed by the attorney general, of violations of Jhis''ch°ap'te°r.
3 this chapter.
1911. 748, § 16.
1 Section 58. Any officer qualified to serve criminal process may. Arrest without
2 within his jurisdiction, arrest without a warrant any person found in the r9T2!'372.
3 act of committing a misdemeanor in or upon any of the rivers, harbors,
4 bays or sounds within the commonwealth.
1907. 229, § 5.
1036
WATERWAYS. METROPOLITAN SEWERS, WATER AND PARKS. [ClIAPS. 91, 92.
Discharge of
oils, etc., into
or on certain
waters and flats
prohibited.
1929, 181.
Section .59. Whoever pumps, discharges or deposits, or causes to be 1
pumped, discharged or deposited, into or on the waters of any lalce or 2
river or into or on tidal waters and flats, any crude petroleum or an\' of .3
its products or any other oils or any bilge water or water from any re- 4
ceptacle containing any of the said substances, in such manner and to .5
such extent as to be a polkition or contamination of said waters or flats or fi
a nuisance or be injurious to the public heahh, shaU be punished by a fine 7
of not more than five hundred dollars; but this section shall not be con- 8
strued to prohibit the use of oil for the extermination of mosquitoes or 9
other insects. The provisions of this section shall be enforced by the 10
department of public safety and by all other officers authorized to make 1 1
arrests. 12
CHAPTER 92.
METROPOLITAN SEWERS, WATER AND PARKS.
Sect.
metropolitan sewer districts.
1. Construction and maintenance of
sewer works.
2. Cities and towns to connect local
with main sewers.
3. Malicious injury to sewers, etc.,
penalized.
4. Disposition of money forfeited on
bids and contracts for work on
the metropolitan sewers.
5. Basis of payments from cities and
towns of cost of system.
6. Basis of payments from cities and
towns of cost of maintenance.
7. Annual determination of propor-
tions.
8. Annual determination of required
payments for maintenance, etc.
9. Plumbing of estates. Intercepting
sewers.
METROPOLITAN WATER DISTRICT.
10. Construction and maintenance of
water works. Cities and towns in
district. Furnishing water in and
beyond district, etc.
11. Agreements with cities and towns
or water companies for distribut-
ing water, etc.
12. Sale of power or electricity.
13. May license maintenance of poles
and wires for transmission of
electricity.
14. To furnish water for Lancaster mills.
15. Miscellaneous duties of the commis-
sion. Liability of the common-
wealth.
16. Use of water for domestic purposes
restricted. Exception. Charges
in Hingham and Hull.
Sect.
17. Public health department to protect
metropolitan water by rules, etc.
Posting, etc. Proof of rules,
etc.
IS. Diversion, pollution, waste, etc., of
water and injury to property pro-
hibited.
19. Application of preceding section
limited.
20. Commission and its employees to
enforce laws and rules relating to
water works.
21. Enforcement of laws, rules, etc., by
court proceedings.
22. Penalties.
23. Laws as to municipal water sup-
plies, etc., to apply.
24. Contractors on water works to in-
demnify cities and towns.
25. Disposition of proceeds of sales of
property or bonds.
26. Apportionment of expenses. Arling-
ton and Quincy not to pay for
certain water.
27. Local water boards, commissioners
or superintendents to have con-
trol of water sources, works,
etc.
28. Cities and towns to equip water
service with meters.
29. Penalty for non-compliance with
preceding section.
30. Regulation and care of meters.
31. Limit of application of three preced-
ing sections.
32. Conunission may maintain works,
(•hangc watercourses, ways etc.
Indemnity to cities and towns.
Conduits, etc., in tide waters,
etc.
Chap. 92.
METROPOLITAN SEWERS, WATEK A\D PARKS.
1037
Sect.
PARKS.
33. Metropolitan parks district. Res-
ervations, etc. Local water sup-
plies not to be aflfected.
34. Metropolitan Parks Trust Fund.
35. Commission may acquire and main-
tain roadways or boulevards.
36. Liability for defects in boulevards,
etc.
37. Rules and regulations, etc. Posting
and publishing; certificate thereof.
Penalty for violation.
38. Same subject. Charles river basin.
Proof of rules under this and pre-
ceding section.
39. Same subject. Pollution of Charles
river. Penalty.
40. Maintaining parts of reservations
outside but contiguous to district.
41. Maintaining accommodations for
boating and bathing.
42. Granting cities and towns locations
for sewers.
43. Granting locations to street rail-
ways, electric railroads, gas and
electric companies.
44. Hearings, notices, locations and reg-
ulation thereof.
45. Alteration, etc., of location.
46. Record of order.
47. Powers and duties of companies
operating under four preceding
sections.
48. Metropolitan Parks Expense Fund.
Revenue from concessions, etc.,
at Bunker Hill monument.
49. Location of boulevards across rail-
roads.
50. Railroads to have notice of proposed
action.
51. Department of public utilities may
fix place and manner of crossing.
52. Payment of cost of such crossings.
53. Band concerts.
54. Apportionment of interest, sinking
fund and serial or other bond re-
quirements.
55. Apportionment of maintenance of
reservations, e.xcept Nantasket
beach and Charles river basin.
56. Apportionment of maintenance of
boulevards. Nantasket beach res-
ervation and Charles river basin.
57. Commission to make apportion-
ments.
58. Assessments; payment.
59. Definitions.
MISCELLANEOUS PROVISIONS.
60. Payment of cost of maintenance of
sewerage, water and parks sys-
tems.
61. Authority of police officers.
Sect.
62.
63.
63A.
64.
05.
66.
07.
68.
09.
70.
71.
73.
74.
74A.
75.
76.
76A.
76B.
76C.
76D.
76E.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
Days off for police.
Call officers.
Police officers injured while on duty,
hospital, etc., expenses.
Wages of temporary laborers.
Saturday half holidays.
Pay of women attendants in bath
houses.
Agreements for lighting reservations
and boulevards.
Quality and price of light, how fixed.
Charles river bridges.
Injury to Charles river dam.
Penalty for colliding with gates of
lock of Charles river dam.
Charles river basin. Powers as to
shipwrecked vessels and property
and removal of wrecks.
Same subject. Disposal of old ves-
sels.
Same subject. Licensing of en-
croachments.
Same subject. Licensing of recrea-
tional facilities.
Same subject. Appointment of har-
bor master and assistants.
Same subject. Prevention of pollu-
tion.
Same subject. Taking of water.
Same subject. Permits.
Same subject. Conditions for sup-
plying manufactories.
Same subject. Maintenance of
water level.
Same subject. City or town may
borrow money.
Taking or acquisition of lands by
commission. For metropolitan
sewerage systems.
Same subject. For metropolitan
water system.
Same subject. For reservations.
Same subject. For boulevards.
Commission may sell land not
needed for maintenance of sewer-
age systems.
Commission may sell land not
needed for maintenance of water
system.
Commission may grant or accept
title to interests in land and sell
personal property of park system.
Authority to abandon certain in-
terests in land.
Commission may sell land or inter-
ests therein acquired for park or
boulevard purposes.
Reservations and exceptions in tak-
ings.
Transfer of care and control of cer-
tain property.
Agreements and contributions for
improvement of ways, sewers,
water pipes, etc.
1038
METROPOLITAN SEWERS.
[ClIAP. 92.
Sect.
89. Disposition of lost property.
90. Sale of lost property.
91. Notice of sale.
92. Sale of perishable lost property.
93. Proceeds of sale of lost property.
94. True owner to be paid proceeds of
sale. etc.
95. Encroachments on land, permits for.
96. Rights by prescription or adverse
possession not to be acquired.
Sect.
97.
98.
99.
100.
101.
102.
Assessments upon cities and to^\'n3
in the metropolitan districts.
Appropriations for maintenance of
reservations, etc.
Advances of money for payrolls, etc.
Accounts and annual report.
Destruction of insect pests on lands
near reservations. Collection of
payment therefor.
General authority of commission.
METROPOLITAN SEWER DISTRICTS.
Construction
and main-
tenance of
sewer works.
1889, 439, § 3.
1895, 406, § 1.
1896, 414, § 1.
1897, 520, § 1.
1899, 424,
§§1.2.
1900, 172, § 1.
1901, 168,
§§1.5.
1903, 242,§ 1.
1914, 343, § 1.
1916, 1.59, § 1.
1919, 350,
§ 123.
1924, 59.
1928, 384.
1930, 398; 419.
1931,426. S208,
153 Mass. 566.
Section 1. The metropolitan district commission, in this chapter
called the commission, shall construct, maintain and operate such main
sewers and other works as shall be required for a system of sewage dis-
posal for Arlington, Belmont, Boston, Cambridge, Chelsea, Everett,
Lexington, Maiden, Medford, Melrose, Reading, Revere, Somerville,
Stoneham, Wakefield, Winchester, Winthrop and Woburn, known as the
north metropolitan sewerage system, and for Boston, Braintree, Brook-
line, Canton, Dedham, Milton, Needham, Newton, Norwood, Quincy,
Stoughton, Walpole, Waltham, Watertown, Wellesley and \yeymouth,
known as the south metropolitan sewerage system. The commission may
contract with any other town for the extension thereto of either of said
systems of sewage disposal, and for the reception and disposal of sewage 12
therefrom. 13
166 Mass. 480.
6
7
8
9
10
11
Cities and
towns to
connect local
with main
sewers.
1889, 439. § 9
1895, 406, § 9
1897, 80;
520, § 5.
1899, 424, § S
1901. 168,
§§1.5.
1915, 147;
1919, 350,
§ 123.
Op A. G.
(1920) 148
150.
Section 2. Any town, within the limits of which any main sewer
under the control of the commission is situated, shall connect its local
sewers with such main sewer except as hereinafter provided, subject to the
direction, control and regulation of the commission, and any person may,
subject thereto and subject to such terms, conditions and regulations as
each town may prescribe, connect private drains with such main sewer;
provided, that the commission shall, without expense to Quincy, make
all connections and take and construct intercepting sewers necessary to
enable Quincy to drain by gravity its territory into the metropolitan
sewer. The sewerage systems of all drainage areas not now drained by
the south metropolitan system shall be constructed in accordance with 11
the so-called separate system of sewage. 12
1
2
3
4
5
6
7
8
9
10
Malicious
injury to
sewers, etc.,
penalized.
Section 3. Whoever wantonly or maliciously destroys or injures
any sewer or other property, held or used by the commission for the pur-
1889I439, § 10. pose of constructing, operating or maintaining said systems of sewage
5i99:t°24,V9°' disposal, shall forfeit and pay to the commonwealth three times the
amount of the damages assessed therefor, to be recovered by any proper
action, and on conviction thereof shall be punished by fine not exceeding
one thousand dollars and by imprisonment not exceeding one year.
1901. 168,
§§ 1.5.
1919, 350,
§ 123.
Disposition of SECTION 4. Any money collected or received by the state treasurer
OTbids ami from chccks deposited with the commission by bidders for work on the
systems of sewage dispo.sal and by it declared forfeited, and for breach
of any condition of any contract made with it in relation to the construc-
tion, maintenance or operation of the systems of sewage disposal, shall be
contracts for
work on the
metropolitan
sewers.
1891, 192.
1895,406, §14
1899,424,
§13.
applied to the payment of interest upon the loan issued for the construe- G
Chap. 92.] metropolitan sewers. 1039
7 tion, maintenance or operation of said systems known as the Metropoli- 5 5"/; 5®*'
8 tan Sewerage Loan.
X919, 350, § 123.
1 Section 5. The proportions in which each of the towns belonging in Basis of
2 whole or in part to the north metropolitan and south metropolitan sewer- from'cUios
3 age districts, respectively, shall annually pay money to the commonwealth cost ol^ystem.
4 to meet interest and sinking fund requirements for each year, as esti- |§'*l:j,''f4;
5 mated by the state treasurer, and to meet any deficiency in the amount Ij^^'l"^-
6 previously paid in, as found by him, shall be based upon the respective I'^f ■^^.''^'og
7 taxable valuations of the property of said towns, as last established by §§ its. 17.
8 the general court as a basis of apportionment for state and county taxes, isgv] 83, '
189S. ISO, §§3. 4; 1899, 241, §§3, 4; 1901, IfiS, §§ 1, 5. 1919,3,50,5 123. §§2,3.
424, §§3, 4. _ 424, § 17. 190G, 369, § 1. 1 Op. A. G. 447.
1 Section 6. The proportions in which each of the towns belonging Basis of
2 in whole or in part to either sewerage district shall annually pay money cities and
3 into the treasury of the commonwealth to meet the cost of maintenance o° nmin- °°^
4 and operation of the respecti\e sewerage systems, as estimated by the 5|89°439,
5 commission and certified by the state treasurer, and to meet any defi- f|94^'307
6 ciency in the amount previously paid in, as found by him, shall be flg^iig^'
7 based upon the respective populations of said towns as ascertained by §§3,' 4". 406,
8 the last preceding state or national census. If less than the whole area ikgg'.'a'i. § 17.
9 of any town is included in either of said metropolitan sewerage systems, \\ i.'s.''*'
10 the \-aluation and population only of that part of the town included 5°°|;|'^®'
11 in either of said systems, as determined by the commission, shall be ^^/Ij^^"'
12 used as a basis in determining the proportion and amount which it
13 shall pay as its share of interest and sinking fund requirements and
14 of the cost of maintenance and operation of works as required by this
15 and the preceding section.
1 Section 7. The commission shall annually, in accordance with the Annual deter-
2 two preceding sections, determine for each system the proportion in jTr'oporti'on's.
3 which each of the towns belonging in whole or in part to such system, l^^^s^u.'
4 shall annually pay money to the commonwealth to meet interest and §5^3 ■4°^'
5 sinking fund requirements and the cost of maintenance and operation of cs^l^.'^ge
(J such system, and shall transmit its determinations to the state treasurer. §§ is, i7.
1897, S3, §§ 2, 3. 1899,241,5 5; 1906, 369, § 4.
1898, 180, §§ 3, 4; 424. §5 16, 17. 1919, 350, § 123.
424, §§ 3, 4. 1901, 168, §§ 1, 5.
1 Section 8. The amount of money required each year from every Annual dc-
2 such town to meet the interest and sinking fund requirements and of™quireT
3 cost aforesaid for that system in which it is included, and the deficiency, {Jf^nl™'^ ^""^
4 if any, shall be estimated by the state treasurer in accordance with the i|89''439'^§ i5
5 proportions as determined aforesaid by the commission, and shall be Jfs^ so^. § f.
^•1111 1 PI 1 1 1 1 1 11 189o, 294, §5;
0 included and made a part of the sum charged to such town, and shall 406. 5 is.
7 be paid by the town to the commonwealth at the time required for i89s! iso, § 5;
8 payment of its proportion of the state tax. *^*' "'
1899, 424, § 18. 1906, 369, § 5.
1901, 168, §§ 1, 5. 1919,350,1123.
1 Section 9. In this section surface or storm water and such other Plumbing of
2 waters as shall be specified by the department of public health shall be Intercepting
3 designated as waters and all other waters and sewage shall be desig- i903"383.
4 nated as sewage. The owner of every estate whose sewage is to be taken J^oj' ||J-
5 into any metropolitan sewer shall, in plumbing his estate, so arrange § 123.
1040
METROPOLITAN WATER.
[Chap. 92.
the plumbing as to keep the waters separate from the sewage, and shall, 6
as directed by the officer having charge of the maintenance of sewers in 7
the town, make connections for, and conduct, the waters into the drain 8
and the sewage into the sewer; but where only one conduit shall have 9
been provided in the street by the town, such owner shall, as directed 10
by said officer, construct said connections into the street and connect 11
them with the conduit so provided, and the town shall provide the other 12
conduit and all necessary connections with either conduit. 13
Any town, except Boston, using any metropolitan sewer may, iii any 14
year, and shall, in any year specified by the officer or board having charge 15
of sewers, expend one twentieth of one per cent of its taxable valuation, 16
to be met by loan outside the debt limit, in the construction, in con- 17
nection with said sewers, of branch intercepting sewers, connections of 18
existing sewers with intercepting sewers, branch drains, sewers or drains 19
in any street where one thereof only shall have been built, and the neces- 20
sary connections aforesaid. 21
The supreme judicial and superior courts may enforce this section. 22
Construction
and main-
tenance of
water works.
Cities and
towns in
district. Fur-
nisliing water
in and beyond
district, etc.
1895. 488, § 3.
1897, 473, § 1.
1898, 293, § 2;
295, §§ 1, 2;
392.
1899, 349.
1901, 168.
§§ 1,5.
1902, 189;
307, § 14.
1904, 457, § 1,
1906, 404.
1907, 238;
1908, 560.
1909, 268.
1917, 314.
1919, 350,
§ 123.
1928. 189.
1931.421.
201 Mass. 453.
211 Mass. 468.
219 Mass. 604.
349.
METROPOLIT.UVT WATER DISTRICT.
Section 10. The commission shall construct, maintain and operate
a system of metropolitan water works and shall provide thereby a suffi-
cient supply of piu-e water for the following named towns and the inhabit-
ants thereof: Arlington, Belmont, Boston, Brookline, Chelsea, Everett,
Lexington, Maiden, Milton, Medford, Melrose, Nahant, Newton, Quincy,
Revere, Somerville, Stoneham, Swampscott, Watertown and Winthrop,
which shall be the metropolitan water district; shall secure and protect
the purity of said water; shall on application furnish water to any town
aforesaid that at the time of application owns its water pipe system ; shall
on application admit any other town, any part of which is within ten
miles of the state house, into said water district, and furnish water to the
same on the terms prescribed by this chapter for the towns aforesaid, and
on payment of such sum or sums upon such terms as the commission may
determine; shall on application furnish water to any water company
owning the water pipe system in any town within said ten miles, on such
water company assuming the assessments of the town, if any, and making
such payment as the commission may determine; and in case of fire or
other emergency may furnish water to any town or water company, on
such payment as the commission may determine; provided, that any
such town last referred to shall first ha\-e acquired the works of any water
company therein situated, constructed for the purpose of supplying said
town or its inhabitants with water. The commission shall furnish water
to the town or company, by delivering it into a main water pipe, reservoir
or tank of the town or company, under sufficient pressure for use without
local pumping, unless delivered in some other manner by mutual agree-
ment between the parties interested; and shall have the direction and
control of the connections between the metropolitan and local systems.
The commission may furnish water to any town or water conii)any
owning the water pipe system in a section of a town, for the supply of such
section, although the town, or a part thereof, is within ten miles of the
state house, and the town has not been admitted into the metropolitan
water district, on payment by the town or water company of such sum
as the commission may determine; provided, that the sum .so determined
in any case shall, in the opinion of the commission, exceed the proper
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2()
27
28
29
30
31
32
33
34
Chap. 92.] metropolitan water. 1041
35 proportion of the entire assessment which would be imposed upon the
',Ui town were it a ])art of said district.
37 The commission may, subject to all the provisions relating to the con-
38 struction, operation and maintenance by said commission of a water
39 supply system set forth in this chapter, sell and deliver water from any of
40 the reservoirs or aqueducts of the metropolitan water system to any con-
41 centration camp established in the commonwealth by the United States,
42 and lay and maintain such pipe lines and other works necessary therefor,
43 upon terms and conditions to be agreed upon by the duly authorized
44 officer or representati\e of the United States government and said com-
45 mission.
46 Ail payments made as aforesaid for admission of towns and for fur-
47 nishing water to water companies and to towns or water companies for
48 the supply of sections of a town, and for selling and delivering water to
49 any concentration camp shall be appropriated to the payment of the cost
50 incurred by the district in connecting such town or section of a town,
51 water company or concentration camp with the metropolitan water
52 system, and the balance after such cost is paid, as well as all other pay-
53 ments for furnishing water to a town or water company in case of fire or
54 other emergency, or as otherwise authorized, except payments as annual
55 assessments by towns or water companies, shall be applied by the state
5() treasurer to the sinking fund established for the payment of bonds, or
57 to the payment of serial bonds, issued on account of the metropolitan
58 water district. All payments made as annual assessments either by towns
59 or water companies shall be applied as provided in section twenty-five.
1 Section 11. The commission and any town or water company in- Agreements
2 eluded in section ten inay agree with each other for the storing or pumping ^nd" towns
3 of water, or the furnishing of the same as provided in said section, by "^n^g""^™'"'
4 either party to any town or company; and any such town or company ^'|f^j.'''J*'°8
5 may sell to the commission and the commission may purchase any prop- }|95,'488. § u.
6 erty of such town or company, whether taken by eminent domain or §§ i.'s.
7 otherwise, that the commission may deem desirable for use in furnishing, 1919; 350;
8 as aforesaid, water to any town or water company.
§ 123.
1 Section 12. The commission may utilize the fall of water at any Saie of power
2 dam under its charge, and may thereby produce power or electricity, 189*5! 488? §3.
3 and may transmit such power or electricity by pipes, wires or other suit- HH] Hf
4 able means, and sell the same, or the right to use such water, by written l^"/;]'^*'
5 or other contract, to run for a term not exceeding fifteen years. Any ww. 349. ^ ^
C person authorized by the commission shall ha\-e all the powers relating to lou', 707'. § 2.
7 the production, sale and transmission of power and electricity given by § 123. " '
8 this chapter to said commission. In the sale or disposal of electricity
9 generated in Clinton or Southborough for power or manufacturing pur-
10 poses, preference shall be given to persons proposing to use all of such
11 electricity in the town where generated; provided, that there are re-
12 sponsible persons so proposing to use all the electricity in the town who
13 shall offer to purchase the same on terms as advantageous as shall be
14 offered by others not so proposing to use the same; and the commission
15 shall, at least ten days before making a contract for the sale of such
16 electricity, cause to be printed in some newspaper published in the town
17 where the electricity is to be generated a request for proposals for the
18 purchase of electricity to be sold by the commission.
1042
METROPOLITAN WATER.
[Chap. 92.
May license
maintenance
of poles and
wires for
transmission
of electricity.
1909, 473.
1919, 350,
§ 123.
To furnish
water for
Lancaster
mills.
189.5, 4SS, § 4.
1901, 168,
§U.5.
1919. 350,
§ 123.
Section 13. The commission may, by lease, license or other agree- 1
ment, permit the construction and maintenance, on any land mider its 2
control for water sujjply and water works purposes, of towers, poles, wires 3
and other structures for the purpose of transmitting electric power over 4
lands and waters of the commonwealth held for water supply purposes; 5
provided, that, in the opinion of the commission, such lease, license or 6
agreement will not affect or interfere with the metropolitan water supply, 7
and provided, further, that no lease, license or agreement shall be given 8
or made for a period of more than fifteen years. 9
Section 14. The commission shall allow not less than twelve million 1
gallons of water to flow from the reservoir above the dam of the Lancaster 2
mills in Clinton in each week, and such further quantity, not exceeding 3
twelve million gallons a week, as the owner of said mills shall from time 4
to time certify to be necessary for use therein and in other buildings now 5
or hereafter owned by him, for domestic or manufacturing purposes, other 6
than the production of water power, and said commission, in regulating 7
the flow of said quantities, shall, as far as practicable, conform to any 8
reasonable written request of the owner of said mills. 9
Miscellaneous Section 15. The commission shall keep all water works constructed 1
commission'' or maintained by it and all bridges built by it across the reser\-oir upon 2
ulera'm- "' the Nashua river safe, and shall have charge of, use, maintain and 3
i895?4ss,*'§ 10. operate the same, and the commonwealth shall be exclusively responsible 4
Ifhl'^^' for all damages caused thereby or by any defect or want of repair 5
1919: 35o; ^ ^' therein. The commission shall have the exclusive right and control 6
§ 123. ' over all ponds and reservoirs used l)y it in supplying water, and may 7
order all persons to keep from entering in, upon or over the waters 8
thereof and the lands of the commonwealth or towns surrounding the 9
same; may inspect the M'ater works and fixtures in any town supplied 10
wholly or in part from the works under the charge of the commission, 11
and may take all proper measures to determine the amount of water 12
used and wasted and to prevent the improper use or waste of water. 13
The commission may construct and maintain such works and provide 14
such other means as it may deem necessary for measuring the water 15
supplied to each of the towns in the metropolitan water district, and 1(5
the expenses thereof shall be considered as a part of the expenditure 17
required for the construction and maintenance, respectively, of the IS
metropolitan water works.
Section 16. No town, except Hingham and Hull, any part of which
is within ten miles of the state house, or water company owning a water
pipe system in any such town shall, except in case of emergency, use
for domestic purposes water from any source not now used by it except
as provided in tliis chapter. If any town or towns in the metropolitan
water district shall take the franciiise, works and property in such
town or towns of any water company, the compensation to be allowed
and paid therefor Bhall not be increased or decreased by reason of this
chapter. No town in said water district now supplied with water by a
water company owning the water pipe system in such town shall in-
troduce water from the metropolitan water works until it shall first
have acquired the works of such company. No water company own-
ing a water pipe system in tlie towns of Hingham or Hull shall charge
more for water than a reasonable sum measured by the price ordinarily 14
Use of water
for domestic
purposes re-
stricted. Ex-
ception.
Charges in
Hingham and
Hull.
1895, 488, § 23.
1897, 336.
1909, 74.
19
1
2
3
4
5
(i
7
8
9
10
11
12
13
Chap. 92.] metropolitan water. 1043
15 charged for a similar service in other towns in the metropolitan dis-
16 trict. The selectmen of either of said towns or any persons deeming
17 themselves aggrie\'ed by the price charged for water I)y any such com-
18 pany in either of said towns may, in nineteen hundred and twenty-
19 three and every fifth year thereafter, apply by petition to the supreme
20 judicial court, asking to have the rate fixed at a reasonable sum measured
21 by the standard above specified; and two or more judges of said court,
22 after hearing the parties, shall establish such maximum rates as they
23 shall deem proper; and said maximum rates shall be binding upon said
24 water company until the same shall be revised or altered by said court
25 pursuant to this section.
1 Section 17. The department of public health shall make rules and drp^nment'to
2 regulations for the sanitarv protection of such waters used by the com- protect metro-
f . ■ , .. !■ ■ 1 Politan water
3 mission tor the water supply or any town or water company aroresaid. by rules, etc.
4 The commission shall cause such rules and regulations to be posted at p?oof"ff ^ "'
5 or near the waters to which they respectively apply, and shall also cause isos,' Iss. § 24.
6 the same to be published at least once in a newspaper published in the Jgg?; fel
7 county where said waters are in whole or in part situated, and such flig'ljo,
8 posting and publication shall be sufficient notice to all persons. The y,^^ g^g , j
9 sworn certificate of any member of the commission or of its secretary of
10 such posting and publication, or of the posting or publication of an order
11 made by the commission, shall be prima facie evidence thereof. A copy
12 of any such rule, regulation or order, attested by any member of the
13 commission or by its secretary, shall be prima facie evidence that said
14 rule, regulation or order was made by the department of public health
15 or by the commission, as the case may be.
1 Section 18. No person shall take or divert any water of a water Diversion.
2 supply of any town in said metropolitan water district from any water waste, etc., of
3 source, reservoir, conduit or pipe used for supplying such water to or ^j^y lo
4 in any such town, or occupy, injure or interfere with any such water, proEfblt^ed.
5 or any land, building, aqueduct, pipe, dram, conduit, hydrant, ma- }|jg- ||o; ^ ^^•
6 chinery or other work or property so used, and no person shall cor- |^-^-^ q 5jq
7 rupt, render impure, waste or improperly use any such water.
1 Section 19. The preceding section shall not apply to any person in Application
2 taking or diverting any such water or interfering with or occupying sectf^rumited.
3 any water, land or works therein described, by permission of the com- Igoiltes! ^ '*
4 mission, or the water board, water commissioners or superintendent IJig'ljo,
5 of any town having charge of the land, water or works; nor to the in- f 123. _
,..,*,.,■,. (. • 1 - 1 lie 40p. A. G.olO.
6 dividual inhabitants 01 any town within the watershed of any water
7 supply used by the commission, or by any town aforesaid, in taking
8 from the part of the supply or from the tributaries of the supply within
9 their respective town limits so much of the water thereof as they shall
10 need for their ordinary domestic household purposes, for extinguishing
11 fires or for generating steam.
1 Section 20. The commission, and its employees designated for the Commission
2 purpose, shall enforce sections ten to nineteen, inclusive, and the rules, pioyees to
3 regulations and orders made thereunder, and may enter into any build- and rules^"'
4 ing, and upon any land for the purpose of ascertaining whether sources ^ater"wor°ks.
5 of pollution there exist, and whether said sections and the rules, regu- i^^^. 4S8, § 27.
1044
METROPOLITAN WATER.
[Chap. 92.
1901, 168,
§§1,5.
1919, 350,
§123.
lations and orders made as aforesaid are complied with; and, where G
the enforcement of any such haws, rules, regulations or orders will re- 7
quire public works for the removal or purification of sewage, the com- S
mission shall not enforce the same until it has provided such works, 9
and the amount paid therefor shall be considered as part of the ex- 10
penses of construction of the metropolitan water works, and such works 1 1
shall be maintained and operated as a part of said water works. 12
Section 21. The supreme judicial or superior court or any justice
Enforcement
of laws, rules, - . . , . .
etc., by court gf either court shall, on petition or the commission or oi any town or
i895r488, 5 28. persou interested, have jurisdiction in equity or otherwise to enforce
§§i,'5. ' sections ten to nineteen, inclusive, and any rule, regulation or order
19^^350, made thereunder, and to prevent any violation of said sections, rules,
1931, 426, § 10. regulations or orders.
Penalties.
1895. 488, § 29.
1901, 168,
§§ 1.5.
1919, 350,
§ 123.
Section 22. Whoever violates any provision of sections ten to
nineteen, inclusive, or violates or refuses to comply with any rule, regu-
lation or order made thereunder, shall be punished by a fine of not more
than five hundred dollars or by imprisonment not exceeding one year
in the house of correction, or both. Any such fine shall be to the use
of the commonwealth.
Laws as to
municipal
Section 23. All general laws relating to the water supplies of towns
wTter supplies, qj. ^he lands and other property used for such supplies shall, so far as
189.5, 488^ Vso. consistent with the provisions of this chapter relating to the metro-
SU.'s.*^*' politan water system, applv to and be observed in carrying out said
1919, 350, ^ ■ ■ "^
§ 123. provisions.
1 Op. a. G. 402.
Contractors
on water
works to
indemnify
cities and
towns.
1897, 339.
1901, 168.
§§1,5; 442.
1919, 350,
5 123.
1931,426,
§209.
Section 24. The commission in making contracts for the construe- 1
tion of metropolitan water works shall require every employer of labor 2
engaged therein to give to each town wliere such labor may be employed 3
a bond in the penal sum of three thousand dollars, conditioned to save 4
harmless and indemnify such town against any loss, expense or charges
that said town may legally incur because of indigent employees brought 6
to said town and ha\ing no settlement therein. This section shall not 7
deprive any town of any other rights or remedies. 8
Disposition
of proceeds
of sales of
property or
bonds.
1895, 488, §
1898, 464.
1901, 168,
§§ 1,5.
1919. 350,
§ 123.
18.
Section 25. The state treasurer shall apply the proceeds from the
sale or exchange of property of the metropolitan water system and the
proceeds from the sale of bonds of the Metropolitan Water Loan, exclu-
sive of the amounts received from premiums, to the payments for waters
or other property taken or purchased for said system, damages sustained
by any person in tlie construction, maintenance and operation of said
system of metropolitan water works, and payments for the expenses of
construction thereof; and shall apply any assessments provided for in
section twenty-six paid by towns of the metropolitan water district, and
the proceeds from the operation by the commission of said system,
exclusive of said proceeds from sales or exchanges of property, to the 11
payment of the interest, sinking fund requirements, and expenses of 12
maintenance and operation of said system. 13
1
2
3
4
5
6
7
8
9
10
CllAP. 92.] METROPOLITAN WATER. 1045
1 Section 26. The state treasurer, for the purpose of making the Apportionment
2 apportionment to tiie towns in tiie metropolitan water district of the Arlington and
3 amount required in each year to pay the interest, sini<ing fund require- t'i"p"?fOT''
4 ments and expenses of maintenance and operation of the metropolitan IS95,"488?'ri9.
5 water system, sliall, in each year, apportion such amount to the towns jj^.'s^^o.
6 in said district, one third in proportion to their vahiations for the pre- jsw, 420.
. . ^ .... . I . I'JOb, 457.
7 cedmg year and the remaming two thirds m proportion to their con- 1913,154, §i;
8 sumption, in said year, of water received from all sources of supply as iuio.'mo,
9 determined by the commission and certified to said treasurer; provided, 1925! 308.
10 that there shall be included in reckoning such proportion only one fifth
11 of the total valuation, and nothing for consumption of water, for any
12 town which has not reached the safe capacity of its present sources of
13 supply or of the sources of supply of the water company by which it is
14 supplied, determined as aforesaid, or which has not made application to"
15 said commission for water; and provided, further, that any town as-
16 sessed upon its full valuation which obtains a part of its water supply
17 from its own works or recei\'es a supply from a water company shall be
18 allowed and credited in its apportionment with a sum equal to twelve
19 dollars for each million gallons of water furnished as aforesaid, as deter-
20 mined by said commission and certified to said treasurer. The state
21 treasurer shall annually notify each town of the amount of its assess-
22 ment, and the same shall be paid by the town to the commonwealth at
23 the time required for the payment of and as part of its state tax.
24 Any town belonging to the metropolitan water district which is
25 assessed upon its total valuation, or which shall be admitted to the
26 district, and which shall agree with the commission to furnish from its
27 own works a constant and fixed quantity of water of proper quality for
28 a term of five or more years, as a part of its own water supply, such
29 quantity to be not greater than the safe capacity of its sources in a dry
30 year as determined by said commission, shall be allowed and credited
31 in its apportionment with such sum for every million gallons furnished
32 in accordance with the agreement so made, as shall be determined in
33 accordance with the terms thereof in each year by the said commission
34 and certified by it to the state treasurer; provided, that the said sum
35 shall not be less than twenty-four dollars per million gallons and shall
36 not exceed the a\erage cost to the metropolitan water district of water
37 furnished from the metropolitan water system during the year preceding
38 that in which the assessment is made.
39 Arlington and Quincy shall not be required to pay to the coramon-
40 wealth any money toward the interest, sinking fund requirements, and
41 expenses of maintenance and operation of the metropolitan water system,
42 or on any account whatsoever, for any water from their respective reser-
43 voirs in Arlington, Braintree and Lexington which Arlington may sell or
44 distribute in any year exclusively for mechanical, manufacturing or
45 agricultural purposes, or Quincy may sell or distribute in any year ex-
46 clusively for mechanical or manufacturing uses and purposes, and the
47 water so sold shall not be considered by the commission in determining,
48 under this section, the amount of water consumed by either of thera
49 during said year, and Arlington and Quincy shall be e.xempt from any
50 provision of this section which authorizes the state treasurer to assess a
51 town on account of water from its own supply which it may so sell or
52 distribute; provided, that the commission certifies to the treasurer that
53 the water so sold and distributed has been used in the case of Arlington
1046
METROPOLITAN WATER.
[Chap. 92.
for mechanical, manufacturing or agricultural purposes only and in the 54
case of Quincy for mechanical or manufacturing purposes only. 55
Local water^ SECTION 27. The Water board, water Commissioners or Superintendent
missiontrs or of any towu in the metropolitan water district shall for their town have
toh"ve'controi^ the chargc and control of the water sources, water and water works
of water owned and used by said town and not taken or used by the commission.
sources,
works, etc.
1895, 488,
§§20,21.
1901, 168,
§§1.5-
1919, 350,
§123.
Said board, commissioners or superintendent shall distribute and control
the use of the water so furnished, and apply meters and extend the pipes
and other work as they may deem expedient; shall keep the pipes, fi.xtures
and other works under their charge in good condition and repair, but
shall not expend in any year more than the amount appropriated by the
town therefor. Said board, commissioners or superintendent, with the
'approval of the mayor or selectmen, shall determine the rate to be paid
for water by the owner of the premises to which the water is furnished,
or by the' persons using the water; provided, that the minimum rates to
be paid for water, and the premises to which the high service supply shall
be furnished, shall be subject to the approval of the commission. Any
such board, commission or superintendent shall for the water works under
their charge do all the acts and things relating to buildings, machinery,
roads, conduits, aqueducts, pipes and drains, which the commission is
authorized to do for the water works under its charge, and may take lands
therefor on behalf of the town by eminent domain under chapter seventy-
nine, in fee or otherwise, and shall do all such acts and things in the man-
ner in which the commission is authorized to do similar things. The
income received in each town from the water works under the charge of
its water board, water commissioners or superintendent, shall be applied
to the payment of the expenses of maintenance and operation incurred by
said board, commissioners or superintendent; the interest and sinking
fund requirements of all bonds, notes or script of the town issued on
account of the water works of such town; the assessment of the town to
be paid to the state treasurer as provided in section twenty-six; the
expenses of the extension of the works; and the balance, if any, as the
town may determine. If such income in any year shall not be sufficient
for said payments the balance required therefor shall be raised by taxa-
tion or by loan, as the town may determine; and the town may assess
such taxes and make such loans without further authority from the
general court.
Cities and
towns to
equip water
service with
meters.
1907, 524, § 1.
1919, 350,
!i 123.
211 Mass. 468.
219 Mass. 604.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Section 28 All towns, districts or corporations which derive all
or any part of their water supply from the metropolitan system or from
sources used by or under the control of the commission shall equip with
water meters all water services installed for them, and shall also annually
equip with water meters five per cent of the water services which were
unmetered on December thirty-first, nineteen hundred and seven, until
all are metered; and shall charge each consumer having a meter service
in proportion to the amount of water used; provided, that no town or
district shall, in any one year, contract for more than the number of
meters to be installed by it during that year under this section; and pro-
vided, also, that a mininnim rate may be fixed for which the consumer 11
shall be entitled to a stated quantity of water. 12
1
2
3
4
5
6
7
8
9
10
Penalty for
non-compli-
ance witn
Section 29. If a town, district or water company in any year neg- 1
lects or refuses to comply with any provision of the preceding section, 2
Chap. 92.] metropolit.^n water. 1047
3 it shall forfeit to the commonwealth for the use of the metropolitan water prccetiing
4 district not less than twenty nor more than one hundred dollars for each igog™??, §2.
6 day after the expiration of said year durinf^- which such \inlati()n or neglect hIs.^^"'
6 continues, to be recovered in an action of contract brought in the county
7 of Suffolk in the name of the commonwealth, or by an information in
8 equity in the name of the attorney general at the relation of the commis-
9 sion, brought in the supreme judicial court for said county.
1 Section 30. IMeters shall receive the necessary care and maintenance Regulation
2 to secure proper efficiency and shall be tested or replaced by the town, meters!^" "
3 district or water company whenever there is reason to believe that the looa! ?77.' |f.'
4 records furnished by them are inaccurate, or whenever the service fur- s^/fg^^"'
5 nished is in other respects inefficient. Towns, districts and water com-
6 panics may make rules and regulations relative to the care, maintenance
7 and protection of meters, and for properly ascertaining and recording the
8 amount of water actually used during specified periods by each water
9 consumer. The commission shall supervise and promote the enforcement
10 of this and the two preceding sections; and if any town, district or water
11 company violates or neglects in any respect to comply with a provision
12 of said sections, the commission shall forthwith give written notice of
13 such violation or neglect, together with the facts relative thereto, to the
14 attorney general. The supreme judicial court may have jurisdiction,
15 upon an information in equity filed by the attorney general, to enforce
16 all the terms and provisions of said sections.
1 Section 31. The three preceding sections shall not apply to the Limit ot appU-
2 water service for fire purposes only of any town, fire district or person, preredmg""^^
3 nor shall such service be taken into consideration in computing metered i907°52'4, § 2.
4 water ser\-ice. All water used for the supply of public buildings or other
5 premises under the control of a town or district, and all water used from
6 the public works for the flushing of sewers, watering of streets and all
7 other purposes, except for the extinguishment of fires, may be paid for
8 bv the town or district.
1 Section 32. The commission, in constructing, maintaining and oper- Commission
2 ating the water and sewerage systems, water supply and sewage dis- worL^'change
3 posal, may construct and maintain buildings, machinery, roads, con- Zt^l^et^^^'
4 duits and aqueducts; may lay and maintain pipes, drains, sewers and cftfes"lnd^ *°
5 wires; mav alter or change grades or directions of watercourses; may tpwns.
,", 1 i-'i- -I Conduits, etc,
b carry and conduct any aqueduct, conduit, pipe, drain, sewer or wire under in tide waters,
7 or over any watercourse, or any railroad, or way, in such manner as not isso, 439.
8 unnecessarily to obstruct or impede travel thereon; may dig up any such iIm^wg,
9 way, and lay, maintain and repair aqueducts, conduits, pipes, wires, l88^'"§\'9, 12.
10 sewers and other works beneath the surface thereof, conforming to any ^f^fig*^*'
1 1 reasonable regulations made by the aldermen or the selectmen of the town i|oi. les.
12 where such works are performed, and restoring, so far as practicable, any 1904, 273.
13 such way to as good order and condition as the same was in when such § 123"' '
14 digging was commenced. The commission may enter upon and use the 20p'^a!'g. 175,
15 lands of others; may take down dams to such an extent as it may deem ^^-' ^^^' ^®^'
16 necessary for prosecuting its works, and shall rebuild such dams whenever
17 the necessity for keeping them down ceases; shall use such lands and do
18 all work relating to such dams, in a reasonable manner with regard to the
19 interests of the owners thereof, and, so far as practicable, shall heed all
20 reasonable requests made by such owners; and in general may do any
1048
METROPOLITAN PARKS.
[Chap. 92.
other act or thing necessary or proper for carrying out the powers and 21
duties conferred upon it. Any person injured in his property by the entry 22
upon or use of his land by the commission under this section may recover 23
his damages under chapter seventy-nine. 24
The commonwealth shall indemnify and save harmless the several 25
towns where such ways may be against all damages recovered against 26
them, and shall reimburse them for all expenses incurred by reason of 27
any defect or want of repair in any way caused by the construction, 28
maintenance or repair of any of said works; pro\'ided, that the commis- 29
sion shall have due and reasonable notice of all claims for such damages 30
or injury and opportunity to make a legal defence thereto. 31
The commission may, with the consent of the aldermen or selectmen, 32
alter or change the location or grade of any way crossed by any sewer, 33
water pipe, aqueduct or conduit constructed by it or in which the works 34
may be located. 35
Tlie commission, and the water board, water commissioners or super- 36
intendent of any town in the metropolitan water district, in exercising 37
the powers or discharging the duties conferred or imposed by this chap- 38
ter, may carry and conduct any aqueduct, conduit, pipe, drain or wire 39
under or over tide waters or the waters of Boston harbor by such methods 40
and in such manner as the department of public works shall approve. 41
Metropolitan
parks dis-
trict. Reser-
vations, etc.
Local water
supplies not
to be affected.
1893, 407,
H3, 4.
1895, 272.
1897, 226, § 1.
1898, 463, § 1.
1911, 469; 583.
1919, 350,
§ 123.
262 Mass. 70.
1 Op. A. G.
286, 360, 588.
2 Op. A. G.
82, 292.
3 Op. A. G.
14, 96, 165,
429.
PARKS.
Section 33. The commission may acquire, maintain and make 1
available to the inhabitants of Arlington, Belmont, Boston, Braintree, 2
Brookline, Cambridge, Canton, Chelsea, Dedham, Dover, Everett, Hing- 3
ham, Hull, Lynn, Maiden, Medford, Melrose, Milton, Nahant, Needham, 4
Newton, Quincy, Revere, Saugus, Somerville, Stoneham, Swampscott, 5
Wakefield, Waltham, Watertown, Wellesley, Weston, Westwood, Wey- 6
mouth, Winchester, Winthrop and Woburn, which shall constitute the 7
metropolitan parks district, open spaces for exercise and recreation, in 8
this chapter called reservations; and, for the purposes set forth in this 9
section, the jurisdiction and powers of the commission shall extend to, and 10
be exercised in, said district. 11
The commission may preserve and care for such public reservations, 12
and also, in its discretion and upon such terms as it may appro \e, such 13
other open spaces within said district as may be intrusted, given or devised 14
to the commonwealth for the general purposes of this section or for any 15
one or more of such purposes as the donor may designate. 16
The commission may, for the purpose of making the rivers and ponds 17
within said district more available as open spaces for recreation and 18
exercise, regulate the use of certain spaces along or near said rivers and 19
ponds, and care for and maintain spaces so regulated, and plant, care for, 20
maintain or remove trees, shrubs and growth of any kind within said 21
reguliited spaces. 22
This section shall not limit existing rights of any town in relation to 23
water supply purposes or in any way obstruct its taking advantage of 24
such rights. 25
Pa°rks°T°ult° SECTION 34. The State treasurer may, with the approval of the gover- 1
Fu'"'- nor and council, receive and hold in trust for the commonwealth, exempt 2
§§4,' 5. ' from taxation, any grant or devise of lands or rights in land, and any gift 3
19191 350, 1 123. or bcqucst of money or other personal property, made for the purposes of 4
ClIAP. 92.] METROPOLITAN PARKS. 1049
5 the preceding section, and shall preserve and invest the proceeds thereof
() in notes or bonds secured by good and sufficient mortgage or other .se-
7 curities. Said trust property shall be known as the Metropolitan Parks
8 Trust Fund, and shall be used and expended under the direction of the
9 commission and suliject to its orders. Suljject to the terms of any such
10 grant, gift, de\ise or bequest, the commission may expend such funds,
1 1 whctlier principal or income.
1 Section 35. The commission may connect any way, park or other Commission
2 public open space with any part of the towns of the metropolitan parks ami maintain
3 district under its jurisdiction by suitable roadways or boulevards, in boui"™rd"
4 this chapter called boulevards, and for this purpose exercise any of the §h*,'|.**'
5 rights and powers granted the commission in respect to reservations, and l^/lj ^^°'
0 may construct and maintain along, across, upon or over lands acquired awMaS P'
7 for such boule\ards or for reser\'ations, a suitable roadway or boulevard, ss '
S The commission shall have the same rights and powers over and in regard 270 Mass! 377!
9 to said boulevards as are or may be vested in it in regard to reservations 2 op! a. g'. alf.
10 and shall also have such rights and powers in regard to the same as, in *Opag.323.
11 general, counties, cities and towns have over public ways under their
12 control.
1 Section 36. The commonwealth shall be liable for injuries sustained jef^etem'""^
2 by persons while tra^'eling on any boulevard maintained by the com- J894''™g'"g*i^3''-
3 mission under authority of the preceding section, if the same are caused 1919! sso!
4 by defects within the limits of the constructed traveled roadway, in the i923,'230.
5 manner and subject to the limitations, conditions and restrictions speci- ^ ^ "^^^
6 fied in sections fifteen, eighteen and nineteen of chapter eighty-four,
7 except that the commonwealth shall not be liable for injury sustained
8 because of the want of a railing in or upon any boulevard, or for injury
9 sustained upon the sidewalk of a boulevard or during the construction,
10 reconstruction or repair of such boulevard. Actions seeking to enforce
11 such rights and remedies shall be brought against the commission as
12 such, but there shall never be any personal liability on the part of them
1:; or any of them to any person injured as aforesaid by reason of such
14 defect. Notices required to be served upon the defendant in proceed-
15 ings hereunder shall be served upon the commissioner or the secretary.
16 All sums recovered against said commission under the foregoing pro-
17 visions, together with any costs of suit and counsel fees, expenses and
18 interest, shall be deemed expenses of care and maintenance of boulevards.
1 Section 37. Except as provided in the two following sections, the Ruiosand
2 commission may make rules and regulations for the government and use Posting and
3 of the reservations or boulevards under its care and to go\-ern the public c"rtificat'e'
4 use of the Charles river, the Neponset river and the Mystic river, within Penaify for
5 the metropolitan parks district, and of the ponds and other waters along igg'l'ljX, § 4
6 which it holds abutting lands for reservations in said district; provided, Jlg^'PI'. ^
7 that no rule or regulation affecting waters used for water supply purposes "'SSj, ^| I' ®-
8 shall take effect as to such waters until approved in writing by the 1901! 93 '
9 water board or other officers having control of the same, nor shall any § 123.
10 rule or regulation affect the water rights of any person, whether a mill JgeVal^! 57^
11 owner or otherwise. _ ll?MaS:i?:
12 The commission shall cause such rules and regulations to be posted Jl;^ j^JJI,- Iqq
13 in the reservation or boulevard to which they apply, and shall also cause 257 ^ja3||2^
14 the same to be published at least once in a newspaper published in the ieo Massl 573I
■J.
1050
METROPOLITAN PARKS.
[Chap. 92.
270 Mass. 377.
1 Op. A. G.
259. 595.
2 Op. A. G. 85,
376, 454.
3 Op. A. G. 14.
county where said reservation or boulevarrl is in whole or in part situ- 1.5
ated, and such posting and publication shall be sufficient notice to all 16
persons. The sworn certificate of any member of the commission or of 17
its secretary of such posting and publishing shall be prima facie evidence 18
thereof. 19
Whoever violates any rule or regulation made hereunder shall be 20
punished by fine not exceeding twenty dollars. 21
Same subject.
Charles river
basin. Proof
of rules under
this and pre-
ceding section.
1895, 450, § 7.
1901, 93.
1903, 465, § 7.
1906, 368, § 2.
1909, 524, § 5.
1910. 582, I 1.
1919, 350,
§ 123.
1926, 316. 5 3.
3 0p. A. G. 14,
429.
Section 38. The commission may make reasonable rules and regu- 1
lations, not impairing freight traffic, for the care, maintenance, protection 2
and policing of the Charles river basin as defined in section two of chap- 3
ter five hundred and twenty-four of the acts of nineteen hundred and 4
nine and amendments thereof, breaches of which rules and regulations 5
shall be breaches of the peace punishable by fine not exceeding fifty dol- 6
lars for each offence. The commission shall cause such rules and regu- 7
lations to be published once in a newspaper published in Boston, and 8
such publication shall be sufficient notice to all persons. The sworn 9
certificate of any member of the commission or of its secretary of such 10
publication shall be prima facie evidence thereof. A copy of any such 11
rule or regulation, or of a rule or regulation made under the preceding 12
section, attested by any member of the commission or its secretary, shall 13
be prima facie evidence that said rule or regulation was made by the 14
commission. 15
Same subject.
Pollution of
Charles river.
Penalty.
1914, 531.
1919, 350,
§123.
Section 39. The commission may make rules and regulations pro-
hibiting the pollution of the Charles river within the metropolitan parks
district. Any person violating any rule or regulation made hereunder
shall be punished by fine not exceeding one thousand dollars.
Maintaining
parts of reser-
vations outside
but contiguous
to district.
1895, 450, § 3.
1919, 350,
§123.
Section 40. The commission may accept and maintain as a portion 1
of the reservations under section thirty-three any lands or rights in 2
land which may be given to the commonwealth, provided such lands 3
lie within the limits of the metropolitan parks district, or without such 4
limits but immediately contiguous thereto. 5
Maintaining
accommoda-
tions for
boating and
bathing.
1897, 121, § 1.
1904, 326, § 1.
Section 41. The commission may provide and maintain upon re.s- 1
ervations and boulevards under its care, suitable accommodations for 2
bathing and boating, and for the use of the same may establish rules and 3
regulations and make reasonable charges. 4
1919, 350, § 123.
Granting cities
and towns
locations
for sewers.
1900, 242.
1919, 350,
§123.
Granting loca-
tions to street
railways, elec-
Section 42. The commission may grant to towns locations for com- 1
mon sewers and drains in and across reservations or boulevards under 2
its care and control. \Vhene\-er a drain or sewer is laid in locations so 3
granted, the board of town officers respectively authorized to levy and 4
collect assessments for the laying of drains and sewers in such town 5
shall have the same power to levy and collect assessments for drains 6
and sewers laid in said reser\'ations or boulevards as is given to them 7
by law in the case of drains and sewers laid in the public ways of such 8
town; provided, that no such assessment shall be levied upon any lands 9
belonging to the commonwealth. 10
Section 43. The commission may grant locations to street railways 1
or electric railroads within the boulevards and reservations in its care 2
Chap. 92.] metropolitan parks. 1051
.3 and control, and may also grant upon, under, along or across such trie railroads,
4 boulevards and reservations sucli locations as shall be found by order trlrcmnpa^iea.
5 of the department of public utilities after public hearing to be required Igos! aoi,' | V
6 by public convenience and necessity for poles, wires, cables or pipes for Ini^'slo Vi*
7 the transmission of electricity for light, heat or power or for the distribu- •'■'-■'. 83. § i.
8 tion of gas. No grant of a location to a gas or electric company under •
9 the provisions of this and the following section shall affect the rights of
10 parties under sections eighty-si.x, eighty-seven and eighty-eight of
11 chapter one hundred and sixty-four in cases involving locations in
12 public ways of a town other than locations upon, under, along or across
13 such boulevards or reservations, but such rights shall be determined
14 without reference to the pro\isions of this and the four following sections
15 or to the grant of any location thereunder.
1 Section 44. Subject to the provisions of section forty-three, the Hearings,
2 commission, upon petition of a duly authorized official or representative "ionrand°°*'
3 of a street railway, electric railroad, gas or electric company for such JSeof!""
4 location, shall give notice to all parties interested of the time and place \l'^' Hf 1 1-
5 at which the commission will give a hearing upon such petition, at least i^/oj^^"'
6 fourteen davs before the hearing, bv publication in one or more news- i924.'390, § 2.
- • c V 1 ^ ^ ^ 1925 83 § 2
7 papers published in each town where the location petitioned for would 1926', 33!
8 lie, and if none such is published, then by publication in one or more - p- • ■
9 newspapers published in each county where the location petitioned for
10 would lie; and after hearmg, if in the opinion of the commission public
11 convenience and necessity so require, it may grant such location, or
12 any part thereof, upon such terms, conditions and obligations, and for
13 such compensation, as the public interest and a due regard for the rights
14 of the commonwealth may require. Any such location shall be void
15 unless written acceptance by a duly authorized official or representative
16 of the company is filed with the commission within sixty days after such
17 company receives notice of the granting of the same. No order of the
18 department of public utilities or of the commission shall be required for,
19 but the commission may make rules and regulations governing, the
20 renewing, repairing or replacing of poles, wires, cables or pipes for the
21 transmission of electricity for light, heat or power or for the distribution
22 of gas, once erected or constructed in accordance with law, or the making
23 of house connections or connections between duly located pipes, conduits
24 and distributing poles.
1 Section 45. The commission may by order alter, extend or revoke Alteration, etc..
2 any such location whenever in its opinion the public interest or the ?9oo? 4'iT § 3.
3 rights of the commonwealth so require; provided, that before so doing Jg^iilsJ; ^^'
4 notice and hearing shall be given to the company and all persons inter- § 123.
5 ested, as provided in the preceding section; and provided, further, that
6 any such company or any persons interested in any such order may
7 appeal therefrom to the governor and council, within fourteen days
8 after the filing of a copy of such order, as provided in the following
9 section.
1 Section 46. The commission, within fourteen days after making Record of
2 any order granting a location, or an extension, alteration or revocation i9oo?4i3, § 4.
3 of a location, referred to in sections forty-three and forty-four, shall Jg^g; |5j;§\23.
4 deposit a copy of such order in the oflace of the clerk of the town where ^^-*' ^so. § 3.
1052
METROPOLIT.^f PARKS.
[Chap. 92.
t
the location is granted, altered, extended or revoked, and the clerk of 5
that town shall receive and record the same. 6
Powers and
duties of
companies
operating
under four •
preceding
sections.
1900, 413, I 6.
190S, 301, § 5.
1924, 390, § 4.
Metropolitan
Parks Expense
Fund. Revenue
from conces-
sions, etc.,
at Bunker Hill
monument.
1895, 450, § 5.
1897, 121, § 2.
1898, 473, § 2.
1901, 464.
1904, 326, § 1.
1919, 350,
§ 123.
1922, 14.
Section 47. All companies operating under the four preceding sec-
tions shall remain subject to the duties and liabilities imposed by other
provisions of law consistent with said sections, and shall have the powers,
duties and rights therein authorized, all of which shall be in addition
to and in amendment of any charter or special provision of law or of the
general laws under which they are organized.
Section 48. All sums of money collected or received by the commis-
sion in the exercise of its functions in relation to reservations or boule-
vards, including current receipts from the bath houses and sums received
in the exercise of said functions for rentals, sales or use of property under
its charge, and all fines recovered for violation of rules and regulations
made by the commission, or for violation of the laws of the commonwealth
within the limits of said reservations or boulevards, shall be accounted
for and paid to the state treasurer, who shall receive the same and hold
and iuA'cst the same, together with money collected or received by him
in payment of betterments assessed by the commission in its exercise of
of said functions, as a fund known as the INIetropolitan Parks Expense
Fund. The commission may expend said fund and any proceeds there-
from for the maintenance and improvement of the reser\-ations and
boulevards under its care, in addition to any loans or appropriations
authorized for such purposes. This section shall not apply to any moneys
received by the commission from admissions, souvenir privileges or from
any other source, in connection with the Bunker Hill monument; but
all moneys so received shall be paid into the general re\'enue of the com-
monwealth.
1
2
o
•y
4
5
6
1
2
.3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Location of
boulevards
across
railroads.
1905, 456, § 1.
1919, 350,
§ 123.
Section 49. The commission may make such agreements with any 1
railroad corporation as may be necessary to secure or facilitate the laying 2
out, extension, construction and maintenance of a boulevard under the 3
care or control of the commission across railroad lands or locations, and 4
to indemnify such railroad corporation against any claims for damages to 5
persons or property, arising out of such laying out, extension, construction 6
and maintenance. 7
Railroads to
have notice of
proposed
action.
1905, 456. § 2.
1913, 784, § 1.
1919, 350,
l§ 117. 123.
Department
of public
utilities may
fix place and
manner of
crossing.
1905, 456. § 3.
1913,784, § 1.
1919, 350,
§§ 117, 123.
Section 50. The commission shall give the railroad corporation 1
thirty days' written notice of the proposed work, accompanied by a 2
plan thereof; and if the commission is unable to agree with the railroad 3
corporation across whose land or location it desires to lay out, extend and 4
construct a boulevard, it may have its right to cross and the manner of 5
crossing determined by the department of public utilities; provided, that 0
no crossing of such boulevard shall be at a level with the railroad tracks 7
and that no such boulevard shall be laid out, extended and constructed 8
across a railroad in such manner as to injure or obstruct the railroad. 9
Section 51. The department of public utilities, upon petition of the 1
commission and after due notice to the railroad corporation, shall hear the 2
parties, and, if of the opinion that said petition should be granted, shall 3
make a decree describing the place, time and maimer of constructing 4
such crossing, and how iiiiicii, if iiiiy, of the work made necessary by such 5
crossing shall be done by the corporation; and thereafter the commission 6
§ 123.
Chap. 92.] metropolitan parks. 1053
7 may lay out, construct and maintain such boulevard across the railroad
8 in accordance with the terms of said decree.
1 Section 52. All expenses of, and incident to, constructins; and ^ferat o*fsuch
2 maintaining any roadway or parkway crossing a railroad, as provided in ^^g^^^f^^fg .^
3 the three preceding sections, shall be borne by the commonwealth, and ij^/.}.; ^so!
4 shall be paid out of tlie funds available for use by the commission for
5 boulevard or reservation purposes, unless otherwise determined by an
6 agreement between the commission and any such railroad corporation.
1 Section 53. The commission may provide band concerts in sucli Band concerts.
2 parks, parkways or other places under its control for boulevard or iMT'.ha'.
3 reservation purposes, and at such times, as it may select. Said com- \IqI] f||; 5 1
4 mission shall include in its annual estimate of the expense of maintenance j"/!; ^^°'
5 of the metropolitan parks system for each year such sum as it may recom-
6 mend should be appropriated for the purposes of this section.
1
Section 54. The proportions in which each of the towns of the metro- Apportionment
2 politan parks district, including Cohasset with respect to Nantasket sinkingTund
3 beach reser\'ation only, shall annually pay money into the treasury of orhcrbomrre-
4 the commonwealth to meet the interest, sinking fund and serial or other ?s9a™407!"§ 10.
5 bond requirements for each year and any deficiency in the amounts pre- Jsm, 2ss, § s.
6 viously paid in, as estimated by the state treasurer, shall be as follows: ||g|*jg'.
7 Boston shall pay as a special assessment sixteen and two thirds per cent 464, 'ss.i.'s, 4.
8 of the money so required on account of the amount expended for con- igo,^! 465! I si!
9 struction of the marginal conduit on the Boston side of the Charles river Hot] I"!] 1 11.
10 basin as heretofore determined by the apportionment commission ap- "liVats! loV.
11 pointed by the supreme judicial court in the year nineteen hundred and JgoMass 471'
12 ten; Cambridge shall pay as a special assessment sixteen and two thirds 209 Mass ssi.
13 per cent of the money so required on accoimt of the amount expended
14 for construction of the marginal conduit on the Cambridge side of the
15 Charles river basin as heretofore determined by the said apportionment
16 commission; and the payment of the balance shall be based upon the
17 respective taxable valuations of the property of said towns of the metro-
18 politan parks district.
1 Section 55. The proportion in which each town of said district shall of''P°int™™'i"'
2 annually pay money into the treasury of the commonwealth to meet the of reservations,
3 cost of maintenance of reservations, exclusive of Nantasket beach reser- tasket be'ath
4 vation and the Charles river basin, and any deficiency in the amounts river basin."
5 previously paid in, as found by said treasurer, shall be apportioned ac- HH] tss. § s!'
6 cording to the average percentage of valuation and population, deter- §§^2%^.''**'
7 mined as to any town by adding together the percentage which the g^^f "^'
8 valuation of the same bears to the total valuation of the towns of the jaoi', 456, 1 2.
9 district and the percentage which the population of the same bears to leS m.iss! w7.
10 the total population of the towns of the district, and dividing this sum isokass^m!
11 by two.
209 Mass. 381. 227 Mass. 183.
1 Section 56. The proportion in which each town of the metropolitan Apportionment
2 parks district, including Cohasset with respect to the maintenance of of boulevards,
3 Nantasket beach reservation only, shall annually pay money into the bea'Jh'^ererva-
4 treasury of the commonwealth to meet the cost of maintenance of said char!r3''river
5 reservation and the Charles river basin and one half the cost of mainte- iggj" 407. § 10.
1054
METROPOLITAN SEWERS, WATER AND PARKS.
[Chap. 92.
1894, 288, § 8.
1896, 550,
5§2, 4.
1899, 419,
§§1.3;
464. § 4.
1901, 456, § 2.
1903, 465, § 9.
1906, 402, § 2.
nance of boulevards and any deficiency in the amounts previously paid in,
as found by said treasurer, shall be based upon the respective taxable
valuations of the property of said towns. The remaining half of the cost
of maintenance of boule\ards shall be annually appropriated by the gen-
eral court from the Highway Fund.
1909. 524. § 11.
1920. 443. § 3.
1921, 112, § 3.
1925, 288, § 3.
1931, 122, § 5.
165 .\I.as3. 497.
178 Mass. 213.
180 Mass. 471.
209 Mass. 381.
227 Mass. 183.
6
9
10
Commission to
make
appor-
tionments.
1893,
407,
§ 10.
1894,
288,
§8.
1896,
550,
§§2,
4.
1899,
419,
§§1.
3;
464.
§4.
1901.
456,
§2.
1903,
465,
§9.
Assessments;
payment.
1893,
407,
§§11
, 12.
1894,
288,
§§9,
10.
1896,
550,
§§3,
4.
1899,
419,
§§2,
3:
464,
§4.
1901.
456,
§2.
1903.
465,
§9.
1906,
402,
§2.
1909,
524,
§ 11.
1920,
,443,
§5.
Definitions.
1920,
, 443,
§6.
1931,
,122,
§5.
Section 57. The commission shall annually, in accordance with the
provisions of the three preceding sections, determine the proportion in
which each of the towns of said district shall annually pay money into
the treasury of the commonwealth to meet the interest, sinking fund
and serial or other bond requirements and the cost of maintenance of
reservations and boulevards, and shall transmit the determination of
the commission to the state treasurer.
Payment of
cost of main-
tenance of
sewerage,
water and
parlis systems.
1919, 350,
§129.
1906, 402, § 2.
1909, 524, § 11.
1920, 443, § 4.
1931, 122, § 5.
Section 58. The amount of money required each year from every
such town to meet the interest, sinking fund and serial or other bond
requirements and the cost of maintenance aforesaid, and the deficiency,
if any, shall be estimated by the state treasurer, in accordance with the
proportions determined as aforesaid by said commission, together with
any amounts required by law to be specially assessed upon any particular
town, and shall be included and made a part of the sum charged to such
town, and shall be paid by such town into the state treasury at the time
required for the payment of its proportion of the state tax.
1931, 122, § 5.
Section 59. For the purposes of the five preceding sections, the
words "taxable valuations of the property of towns" shall mean taxable
valuations of property last established next prior to such apportionment
by the general court as a basis of apportionment for state and county
taxes. The words " population of the towns" shall mean the population
as determined by the latest census, state or national, next prior to such
apportionment.
MISCELLANEOUS PROVISIONS.
Section 60. The expense of the salaries of the metropolitan district 1
commissioners, and such expense of maintenance of the general office and 2
otherwise as the commission shall determine are not clearly or wholly 3
incurred in the maintenance work of any one of the metropolitan parks, 4
boulevards, water or sewerage systems or districts, shall be paid: one 5
fourth as maintenance of reservations by the metropolitan parks district; 6
one fourth as maintenance of boulevards by said district and the com- 7
monwealth in equal parts; one fourth by the metropolitan water district; 8
and one fourth in equal parts each by the north and south metropolitan 9
sewerage districts. The state treasurer shall include the amounts required 10
of each town of said districts and of the commonwealth to meet said 11
expenses in the sums assessed upon said towns in the annual state tax. 12
Authority of SectionGI. The poHce appointed or emplovcd bv the commission, 1
ponce omcers. "^ * * i i» i . i • i j_ i*x o
1895,450, §9. except special women police officers, shall have witlun the metropolitan Z
parks district, and within the towns outside said district wherein any of 3
1897, 121
§§3,4.
Ch.\P. 92.] METROPOLITAN SEWERS, WATER AND PARKS. 1055
4 the property of the metropolitan water and sewerage districts is situated, P,',-'^ ^^O'
5 all the powers of police officers and constables of towns of this common- lo^io. 567.
(5 wealth, except the power of serving and executing ci\-il process, and when 2 Op. a.' g. 85, '
7 on duty may carry such weapons as the said commission shall authorize. *^*'
8 Such special women police officers shall have all said powers, except in
9 relation to the service of civil process and to the carrying of weapons, but
10 only within said parks district.
1 Section 62. Members of the police force of the commission shall be Days otr
2 excused from duty without loss of pay for a number of days in each year igos,"!'??! § i.
3 equal to one day in e\'ery thirty days, such days off to be assigned by the
4 commission or by the chief of said force acting under its direction.
1 Section 63. The commission may appoint and employ as a call officer Caii officers.
2 for temporary police duty any member of the reserve police force of any §§^,'1.^'
3 town within the metropolitan parks district, or any person on the list of \l{l[ ffo,
4 the department of civil service and registration of eligibles for appoint- ^^ ®^' i^^-
5 ment to any such reserve police force or to the permanent police force of
6 any such town; provided, that the assent of the chief of police of the
7 town shall first be obtained for the employment of any member of its
8 reser\e police force of such town as herein pro\itled. Employment by
9 the commission of any such reserve police officer shall not prevent his
10 employment by the town where he resides whenever his services may be
11 required by its chief of police. Any such call officer shall, while on duty,
12 have all the powers and authority conferred upon police officers of the
13 commission by section sixty-one.
1 Section 63A. The commission may authorize the payment, out of i^°u™i°^hf"
2 the metropolitan parks or boulevard maintenance funds, of the reason- "" <i\><-y.
3 able hospital, medical and surgical expenses of any permanent member expenses.^ °"
4 of its police department or of any call officer thereof disabled, either ^^^^' ^^^'
5 mentally or physically, by injuries sustained through no fault of his own
6 in the actual performance of his duty, for usefid service in the depart-
7 ment either temporarily or permanently.
1 Section 64. The wages paid by the commission to laborers tem- wages of
2 porarily employed shall be not less than the wages paid to laborers laborers.'^
3 permanently employed.
1911,541. 1913,685. 1919, 350, § 123. 1923,350.
1 Section 65. Laborers and mechanics in the service of the commis- Saturday
2 sion, except those employed at the bath houses under the control of the wi'jI'ms!'*'"'
3 commission, shall be given a half holiday each week without loss of }9l6:258:
4 pay, and, if practicable, the half holiday shall be on Saturday. If, f/li.^^"'
.5 however, the public service so requires, the commission may at any time ^^^°' *^^' ^ ^•
6 during the year give to the laborers and mechanics in its service, in lieu
7 of the said half holidays, days off duty, without loss of pay, equivalent
8 in time to the half holidays which would otherwise be given under this
9 section.
1 Section 66. In the state bath houses under the care of the commis- Pay of women
2 sion the women attendants shall receive the same scale of wages as the rn'bath houses.
3 men attendants, when performing similar work.
1912,683. 1919,350.5 123.
1056
METROPOLITAN SEWERS, WATER AND PARKS.
[Chap. 92.
Agreements
for lighting
reservations
and boulevards.
1914, 515, § 1.
1916, 107.
1919, 350,
§ 123.
Section 67. The commission may enter into an agreement with any 1
electric light, power or gas company within the metropolitan park 2
district, for a period not exceeding ten years, for the lighting of any part 3
of the boiile\'ards or reservations under the control of the commission, 4
upon such terms as said commission deems most advantageous to the 5
commonwealth. 6
Quality and
price of light,
how fixed.
1914, 515,
§8 2,3.
1919, 350,
§ 123.
Charles river
bridges.
1910, 628,
SS 1, 2.
1911, 439,
§5 1. 2.
1919, 350,
^ 123.
223 Mass. 119.
Section 68. The commission and a gas or electric light company,
parties to any such contract, shall, upon complaint of the commission
or application of the company to the department of public utilities, have
the right to have any question of the quality or price of gas or electric
light sold and deli\ered or of the service rendered determined by said
department, and the provisions of sections ninety-tliree and ninety-four
of chapter one hundred and sixty-four shall, as far as applicable, apply
to the determination of such questions.
Section 69. The commission may replace or rebuild any bridge over
the Charles river within the metropolitan parks district whenever funds
for the purpose shall become available by gift under the provisions of
this section; provided, that no such bridge shall be replaced or rebuilt
unless the consent of the city council and of the selectmen of any town
in which any part of the bridge is situated shall first be obtained. Any
such bridge may be replaced or rebuilt without a draw for the passage of
vessels, and may be of no greater height above the water than, in the
judgment of the commission, the architectural appearance of the bridge
would require, except that every such bridge over the Charles ri\er
basin shall be so constructed as to leave a clear height of at least twehe
feet above the ordinary level of the water in the basin over the main
ship channel, and the piers and other obstructions to the flow of the river
shall be constructed in such form and in such places as the secretary of
war of the United States shall appro\'e. When the work of replacing or
rebuilding any such bridge is completed, the bridge shall be maintained
and policed under and in accordance with the laws governing such main-
tenance and policing at the time when the work was begun. The state
treasurer may receive, hold, manage and invest any funds given or be-
cjueathed to him in trust by any person, upon such terms, conditions
and limitations as the donor may impose, for the purpose of enabling
the commission to carry out the provisions of this section, and the com-
mission, whenever it shall deem that the public interests so require,
may expend, under authority of this section and of any other provision
relating to the acquirement and maintenance of reservations or boule-
vards by the commission, any such funds in accordance with the terms,
conditions or limitations aforesaid. Any owner or lessee of property
abutting on the Charles river abo\-e any drawless bridge built under the
authority of this section and under authority of the act of congress en-
titled "An Act to authorize the construction of drawless bridges across
a certain portion of the Charles river in the State of Massachusetts",
approved February twenty-se\eii, nineteen hundred and cle\-en, shall be
entitled to adequate compensation for damages, if any, caused to said
property or leasehold interests therein, by reason of the interference with
access by water to said property due to the construction of any such
drawless bridge, in accordance with provisos contained in said act of
congress. Upon petition of any such owner or lessee entitled to such
damages, filed in the supreme judicial court within one year after any
1
2
.3
4
5
6
7
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Chap. 92.] metropolitan sewers, water and parks. 1057
39 such bridge without a draw is opened for public travel, said court shall
40 appoint three commissioners to hear the parties in interest, and to assess
41 the damages to said property; and the decision of said commissioners
42 as to the amount of said damages and as to questions of fact involved
43 shall be final.
1 Section 70. No person shall deface or injure any part of the Charles injury to.
2 river dam, or any wharf, wall or other structure or any mechanism con- danu
3 nected therewith, or unnecessarily open any drawbridge connected ih".'!.**^'
4 therewith or obstruct the passage thereof; nor shall any person, without
5 the consent of the person in charge of the drawbridge, make fast to the
6 dam, bridge, draw, guard, pier or any appurtenance thereof any vessel,
7 scow, raft or float, or remain inside of the draw gates or on any pier,
8 wharf, fender or appurtenance of the draw while the gates are closed;
9 nor shall any person having charge of a vessel passing through the draw
10 of such bridge refuse or neglect to comply with the directions of the
1 1 person in charge relating to such passing. Whoever violates any provi-
12 sion of this section shall be punished by a fine of not more than twenty
13 dollars.
1 Section 71. No person shall permit or suffer any vessel, scow, raft ^J,J^'j'ygf°.^^^
2 or float to come in contact with either of the gates of the lock of the g'jJl^yJj!';^^^^."^
3 Charles river dam. Whoever violates this section shall be punished by dam'^ ""^ """^
4 a fine of not more than fifty dollars.
1909. 280. §§ 3, 4.
1 Section 72. The commission shall have the same authority relative charies river
2 to wrecked vessels or other shipwrecked property on the shores or pqw?rs as to
3 waters of the Charles river basin as is given the department of public veSeirand'*
4 works by section thirty-eight of chapter ninety-one relative to such PJmovafoT''
0 vessels or property on other shores or waters of the commonwealth; J^g'f^l'lg.,; § i,
6 and the commission shall have the same authority relative to the removal i^g^g^^^s?;
7 from said basin of wrecked, sunken or abandoned vessels, or of any i|'9j s^j^^o,
8 unlawful or unauthorized structure or thing deposited or suffered to 1920! i
9 remain in the waters of said basin and obstructing safe and convenient ^^^^' ^^*' ^ ^*-
10 navigation therein, as is given said department by sections thirty-nine
11 to forty-five, inclusive, of chapter ninety-one, relative to such removal
12 from the tide waters of the commonwealth, and said sections, so far as
13 applicable, shall apply to such removals by the commission.
1 Section 73. The commission shall have the same authority relative same subject.
2 to the breaking up and disposing of old vessels and other floating struc- old veScil
3 tures in said Charles river basin that is given to the department of \l\°] 3I0; ^ ^■
4 public works by sections forty-six to forty-nine, inclusive, of chapter flgV/gg^^^j 95.
5 ninety-one in relation to the harbors of the commonwealth.
1 Section 74. The commission may license the maintenance of those same Mbjoct.
2 parts of buildings and of the foundations of buildings which on July cncroT"h-"
3 first, nineteen hundred and ten, projected into, upon or over the em- 'i909';^524, 5 3.
4 bankment of the Charles river basin. Said licenses shall be granted ]-Jji; «g.
5 upon such terms, conditions, restrictions and agreements, and for such § 123.
6 period of years, not exceeding twenty-five, as the commission may
7 deem best; provided, that licenses shall be revocable at any time by
8 the commission. The granting of such a license shall in no event be
1058
METROPOLITAN SEWERS, WATER AND PARKS.
[Chap. 92,
construed to create in the licensee any title to the land into, upon or 9
over which any licensed encroachment shall project, and no person shall 10
by the maintenance of parts of buildings or foundations of buildings 11
herein described, with or without such license, acquire any rights by 12
prescription or adverse possession in any part of the Charles river 13
embankment. 1-4
Same subject.
Licensing of
recreational
facilities.
1929, 371, § 11,
Section 74A. The commission may from time to time grant licenses 1
to cities and towns, educational institutions, clubs and responsible 2
persons for the construction and maintenance of boat landings, boat 3
houses and landings, floats, wharves, breakwaters and other structures 4
in connection therewith, playgrounds, swimming pools and other recrea- 5
tional facilities at such locations along the Charles river basin for such 6
rental, if any, and upon such terms and conditions as it may deem advis- 7
able. For the foregoing purposes the commission may grant suitable 8
locations by lease or otherwise with the right to erect buildings and to 9
project landings and floats upon the waters of the said basin upon such 10
terms, conditions, restrictions and agreements and for such period of 11
years not exceeding twenty-five as the commission may deem expedient. 12
In carrying out the provisions of this section the commission shall 13
encourage rowing and boating on the basin in every reasonable way 14
and, in that connection, shall give consideration to the fact, if it appears 15
to be a fact, that any club or educational institution has for many years 16
owned or occupied a boat house on the basin, the point on the bank at 17
which such boat house was formerly situated and the length of time IS
during which it had been owned or maintained tliere. 19
Same subject.
Appointment
of harbor
master and
assistants.
1913, 417.
1919, 350,
§123.
Same subject.
Prevention of
pollution.
1903, 465, § 7.
1906. 368, § ^
1909, 524. '
1919, 350,
§ 123.
Section 75. The commission may appoint from its police force a 1
harbor master and assistant harbor masters who shall respectively have 2
and exercise within the Charles river basin all the powers and authority 3
which now appertain by law to the offices of harbor master and assistant 4
harbor masters for the port of Boston appointed by the police commis- 5
sioner of Boston. The commission may require such further duties of 6
these officers, including the duties of officers and members of the police 7
force appointed by the commission, consistent with the provisions of law, 8
as the commission may deem expedient. The harl)or master and assist- 9
ant harbor masters appointed hereunder shall recei\e the pay which may 10
be established for the grade or rank which they respectively hold in the 11
police force of the commission. 12
§7.
Section 7G. The commission may order the removal of all sewage
and other polluting matter or factory waste as a common nuisance from
the Charles river and its tributaries below Waltham and from the Charles
river basin ; and no sewer, drain or overflow or other outlet for factory
or house drainage or for any other drainage shall hereafter be connected
with said basin or the river below Waltham without the approval of tiie
commission.
Same subject.
Taking of
water.
1928, 238.
Section 76A. The metropolitan district commission, after a public
hearing notice of which shall be sent to the state department of public
health and to all cities and towns bordering on the Charles river basin,
as defined by section two of chapter five hundred and twenty-four of the
acts of nineteen hundred and nine and acts in amendment thereof and
in addition thereto, and subject to the appro\al of said department of
Chap. 92.] metropolitan sewers, water and parks. 1059
7 public health as hereinafter provided, may grant to any such city or town
8 which accepts sections seventy-six A to seventy-six E, inclusive, by vote
9 of the city council or selectmen a permit to take water from said basin
10 for purposes of fire protection and of sale, at sucli price as the municipality
11 may determine, to manufacturing establishments within its limits for
12 cooling and condensing purposes. A city or town receiving such a permit
13 may construct and maintain on lands owned by it all necessary works
14 and pumping stations and may lay and maintain in such lands and in its
15 streets all necessary mains and pipes, and, to such extent and on such
16 terms and conditions as may be authorized in such permit, may lay said
17 mains and pipes on or in lands under the control of the commission. Any
18 permit granted hereunder shall prescribe the maximiuii amount of water
19 which may be drawn from said basin thereunder, and the place and man-
20 ner of taking said water and of the return of said water except such as is
21 used for fire protection, and shall provide for the metering of said water
22 both at the place of taking and of return, and for reimbursing the com-
23 mission for all expenses of supervision and inspection. Such permit shall
24 also prescribe the location, and the mofle of construction and of laying, of
25 all works, mains and pipes within lands under the commission's control,
26 and such other terms and conditions as in the commission's opinion the
27 public interest may require. No such permit shall be granted except in
28 such form as shall be approved by said department of public health, and
29 no construction shall be commenced or carried on thereunder until all
30 plans and specifications have been submitted to and appro\-ed by said
31 department.
1 Section 76B. Any such permit shall be upon the condition that water same subject.
2 taken thereunder for purposes other than fire protection shall be supjjlied i928!'238.
3 only to such manufacturers as can use it in a system of closed pipes with-
4 out opening at any point within their premises; that it is to be discharged
5 through a special system of outlet pipes into the basin or the canals
6 thereof in a manner approved by the commission; and that no oil, refuse,
7 or other substance which would be harmful to the water in the basin shall
8 be added to the water before its return to the basin. Upon violation of
9 any condition in the permit, or if in the opinion of the commission the use
10 of water under the permit impairs the quality or, except for water used
11 for fire protection, reduces the quantity of the water of the basin, the
12 commission shall revoke the permit; and no new permit shall be granted
13 unless the commission finds that there is no danger of future breach of
14 condition of a permit when granted, or that the quality of the water of the
15 basin will not be impaired.
1 Section 76C. No manufacturing establishment shall be supplied with same subject.
2 water taken from the basin under a permit granted under the two preced- 5u°pi)i.ving
3 ing sections until proper and suitable connections have been made for 1928? 238°"''^'
4 use of city or town water, so that, in case of revocation of the permit, the
5 manufacturing establishments affected may be supplied with water for
6 cooling and condensing purpo.ses from the water system of the city or
7 town, but in such case the water after use shall not be discharged into the
8 basin.
1 Section 76D. No permit granted under sections seventy-six A and fi^ntenance'
2 seventy-six B shall authorize the taking of water from said basin to such ^^^^'■^l^""^^-
3 an extent as substantially to affect the maintenance of the water level in
1060
METROPOLITAN SEWERS, WATER AND PARKS.
[Chap. 92.
said basin at the height required by chapter four hundred and sixty-fi\e 4
of the acts of nineteen hundred and three and acts in amendment thereof 5
or in addition thereto, or in quantities, or in a manner, inconsistent with 6
the purposes and provisions of the laws estabhshing and governing the 7
maintenance of said basin. 8
c™''or"u)wn*' Section 76E. For the purpose of meeting the expenses of construct- 1
may borrow jjjg gypjj works and of laying such mains and pipes, a city or town re- 2
i928;238. ceiving a permit as aforesaid may borrow money, subject to the pro- 3
§ 210. ■ visions of section eight of chapter forty-four. 4
Taking or
acquisition of
lands by
commission.
For metro-
politan sewer-
age systems.
1889, 439, § 4.
1890, 270.
1895, 406, § .5.
1899, 424, § 3.
1901, 168,
§§1, S.
1919, 350,
§ 123.
Section 77. The commission, on behalf of the commonwealth, may 1
take by eminent domain under chapter seventy-nine, or acquire by pur- 2
chase or otherwise, any lands, watercourses, rights of way or easements, 3
and may take by eminent domain under chapter seventy-nine, or acquire 4
by purchase or otherwise, or enter and use, any existing sewers or parts of 5
.sewers necessary for carrying out the provisions of this chapter relative 6
to the construction, maintenance and operation of systems of sewage 7
disposal authorized by section one. 8
272 Mass. 457.
Same subject.
For metro-
politan water
system.
1895, 488, § 4.
1901, 168,
§5 1.5.
1919,350,
§ 123.
272 Mass. 457.
Same subject.
For reser-
vations.
1893, 407, § 4.
1895. 272.
1898, 463, § 1.
1901, 168.
§§ 1,5.
1919, 350,
§ 123.
272 Mass. 457,
Section 78. The commission, on behalf of the commonwealth, may 1
take by eminent domain under chapter seventy-nine, or acquire by pur- 2
chase or otherwise, lands in fee, easements, rights and other property that 3
it deems necessary or desirable for carrying out the powers and duties con- 4
ferred upon it by the provisions of this chapter relative to the construe- 5
tion, maintenance and operation of a system of metropolitan water works. 6
Section 79. For the purposes set forth in section thirty-three, the 1
commission, acting so far as may be in consultation with the proper local 2
boards, on behalf of the commonwealth, may take in fee or otherwise, by 3
purchase, gift, devise, or eminent domain under chapter seventy-nine, 4
lands and rights in land for reservations within the metropolitan parks 5
district, or take bonds for the conveyance thereof; and may take by 6
eminent domain under said chapter, or acquire by agreement or other- 7
wise, the right forever, or for such period of time as the commission deems 8
expedient, to plant, care for, maintain or remove trees, shrubs and growth 9
of any kind within certain spaces regulated by the commission along or 10
near rivers and ponds within said district; and may take or impose by 11
eminent domain under said chapter, or acquire the benefit of, by agree- 12
ment or otherwise, such restrictions upon such regulated spaces as it 13
deems expedient; provided, that no private property shall be taken or 14
restrictions imposed by eminent domain hereunder without the con- 15
currence of a majority of the commission and of the board of park com- 16
missioners, if any, of the town where said property is situated. 17
Same subject. SECTION SO. For tlic purposc of carrving out section tliirtv-five, the
For boule- . . ^ ^ . • ,. ' ^i • i i ic r ^i
vards. commission may take or acquire, in tee or otherwise, on oeliali ot tlie
1919! 35o; ' commonwealth, by purchase, gift, devise, or eminent domain under chap-
272^Masa. 457. tcr seventy-niiic, any land or easements or interests in land within the
40P.A.G.323. metropolitan parks district, althougli the land so taken, or any part
thereof, be already a public way; provided, that the concurrence of the
city council in Boston for Suifolk county or the concurrence of each
other county or city or town outside of Suffolk county, wherein any
Chap. 92.] metropolitan sewers, water and parks. lOGl
9 portion of any public way, land or rif;hts in land is taken by eminent
10 domain, be obtained to the taking of said portion by ^■ote of its county
11 commissioners, city council or selectmen, respectively.
1 Section 81. The commission may, at public or private sale, dispose Commission
2 of any property, real or personal, no longer needed for the construction, So?ncod(.d''
3 maintenance or operation of sewers, under section one, provided that oTsewe'Jage^""''
4 such sale shall not impair the maintenance and operation of said sewerage iU'l.Toi
.5 svstems. Real estate so sold mav be conveved, subiect to such easements, l?^,^'*°p'
6 reservations and restrictions as the commission deems necessary to secure isaa. 424,
7 the maintenance, renewal and operation of said sewers, by deed duly 1901, les,
5 executed by the commission on behalf of the commonwealth, with or with- 1919, 350,
9 out warranty. The net proceeds of any such sales, after deducting all ^ ^^"^
10 necessary expenses incurred therebj^ shall be paid to the commonwealth
11 and shall be credited to and form a part of the fund to be used in the
12 construction or maintenance of said sewers.
1 Section 82. The commission may sell, at public or private sale, any Commission
2 property, real or personal, whether taken by eminent domain or otherwise, "otVeeded°or
3 no longer needed for the water works under its charge, or may from time S watc?s?sTem.
4 to time lease any property not so needed. In any case where the com- l^^'fi ''ff"
5 mission mav sell such real estate, it mav convev it and receive therefor j^-js. 464.
6 in exchange other real estate, the title of the same to be taken in the isw. 350,
7 name of the commonwealth, and may cause money to be paid or received
8 to make the exchange equal. And the commission may make grants or
9 conveyances of easements and receive therefor in exchange other ease-
10 ments, money or such considerations as may be deemed suitable by it,
11 the title of such easements to be taken in the name of the common-
12 wealth. All money received under this section shall be paid to the
13 commonwealth and applied to the payments for the property taken
14 by the commission for water works purposes, the payment of damages
15 caused by such takings, and of expenses of construction of said water
16 works.
1 Section 83. The commission may, for all purposes consistent with Commission
2 the purposes specified in sections thirty-three and thirty-five, erect, "ccep'tTitieTo
3 maintain and care for buildings, and grant easements, rights of way or ian"and'°eii
4 other interests in land, including leases, in any portion of the lands taken Urope^y of
5 or acquired by it for the purposes of said sections, and may accept and pgj^ ^4lo''"s 1
6 assent to any deed containing reservations of such easements or other i9i|.^33o,'
7 interests in land, all for such considerations or rentals, and upon such
8 terms, restrictions, provisions or agreements, as the commission may
9 deem best. The commission may sell at public or private sale surplus
10 earth, rock, ice, wood, hay, standing grass, old buildings, and mate-
11 rials no longer needed for the maintenance of boulevards or reservations
12 under its charge and may collect the money due from such sales and
13 sue to recover or enforce the collection thereof in the courts of the
14 commonwealth.
1 Section 84. The commission may, with the concurrence of the park Authority to
2 commissioners, if any, of the town where the property is situated, by deed certain interests
3 recorded in the county where the land lies, accompanied by plan or sur- i895.'4.50, 1 2.
4 vey, abandon any easement or other right in land less than the fee taken j^i'li^^"'
5 by the commission by right of eminent domain for reservation or boule-
1062
METROPOLITAN SEWERS, WATER AND PARKS.
[Chap. 92.
vard purposes, and said abandonment shall revest title thereof, as if ne\-er 6
taken, in the persons, their heirs and assigns, in whom vested at the time 7
of the taking. 8
CommisBion
may sell land
or interests
therein
acquired for
park or boule-
vard purposes.
1895, 450, § 2.
1919, 350,
§123.
Section 85. The commission, with the concurrence of the park com- 1
missioners, if any, in the town where the property is situated, may sell 2
at public or private sale any portion of the lands or rights in land the title 3
to which has been taken or received or acquired and paid for by it for the 4
purposes set forth in sections thirty-three and thirty-five, and may, with 5
the concurrence of such park commissioners, execute a deed thereof, with 6
or without covenants of title and warranty, all in the name and behalf of 7
the commonwealth, to the purchaser, his heirs and assigns, and deposit 8
said deed with the state treasurer, together with a certificate of the terms 9
of sale and price paid or agreed to be paid at said sale, and, upon receipt 10
of said price and upon the terms agreed in said deed, he shall deliver 11
the deed to said purchaser. The state treasurer may, by the attorney 12
general, sue for and collect the price and enforce the terms of any such 13
sale. 14
If the commission votes, under this or the preceding section, to abandon 15
or sell any portion of the lands or rights in land so taken or acquired by it, 16
and the park commissioners in any town where said property or right in 17
property is situated refuse or fail to concur with the commission within IS
fourteen days from the giving of written notice of such vote to said park 19
commissioners, the commission, upon written notice of not less than seven 20
days to said park commissioners, may appear before the governor and 21
council and ask their concurrence in such sale or abandonment; and if 22
the governor and council, after hearing, concur in such sale or abandon- 23
ment, it shall have full force and effect. 24
Reservations
and exceptions
in takings.
1896, 465, § 1.
1919, 350,
§123.
Section 80. Whenever, by reason of a taking by the commonwealth 1
through the commission for reservation or boulevard purposes, a public 2
way is so affected that the public rights therein might otherwise be 3
abridged, either by being wholly or partly included within the taking, 4
any and all exceptions and reservations made in said taking in favor of 5
any municipality within which said way or part thereof lies, and of the 6
public, and of persons, shall be valid, effectual and binding; and in order 7
to insure to the parties concerned the full and perfect enjoyment of the 8
uses thereby reserved the commission may make grants of or convey 9
easements, enter into agreements, issue licenses, and generally conclude 10
arrangements to that end; but no such grant, agreement, license or ar- 11
rangement shall be taken or held to abrogate or abridge the control of the 12
commission over the land included in said taking except as in said excep- 13
tions and reservations provided, or the right of the commission to make 14
rules and regulations for the government and use of any boulevard or 15
crossway which may be laid out and maintained over said land or over 10
any portion thereof, not inconsistent with such exceptions and reserva- 17
tions. 18
Transfer of
care and con-
trol of certain
property.
1893, 407, § 6.
1896, 465, I 2.
1898, 455.
1919,350,5123.
1931, 426,
§ 211.
3 0p. A. G. 90.
Section 87. The commission may transfer, for care and control,
including police protection, any lands or rights or easements or interest
in land iield by it under sections thirty-three and thirty-five to any
city, town, county, or local board of a city or town within the metro-
politan parks district, with the consent of such city, town, county or
board, and upon such terms and for such period as may mutually be
Chap. 92.] metropolit.\n sewers, water and parks. 1063
7 agreed upon, and enter into an agreement with any such city, town,
8 county or board for the joint care and control or poHce protection of
9 such lands or rights therein, and also for laying out, constructing and
10 maintaining ways into or across any such lands; and any city, town, or
11 county, or any local board within the metropolitan parks district, may
12 transfer, for care and control, including police protection, any land,
1,3 rights, easements or interest in land in its control, although the same be
14 already a part of a public way owned or controlled by it, to the commis-
1,5 sion for such period and upon such terms as may mutually be agreed
16 upon, and may enter into an agreement with the commission for the
17 joint care and control, including police protection, of such land or public
15 way. All the provisions of section thirty-six shall apply in the case of
19 any public way within the limits of such land as may be transferred, for
20 care and control under this section, to the commission, to the same
21 extent as though such way were a boulevard maintained by the com-
22 mission under section thirty-five.
1 Section 88. The commission may join with any city, town or county Agreements
,,. . .T^- •!• •• • and contnbu-
2 m the laymg out, nnprovement, relocation, widenmg, repairmg, mam- tionsfor
3 taining and caring for any pul>lic way, bridge or stream which lies along oTwa^s!"""'
4 or connects any reservation or boulevard, or any sewer, water pipe or pipes,";™'"
5 other conduit in such public way or bridge, or in or across any park, J|i9;35o,' ^^'
6 boulevard or reservation owmed or controlled by the commission, and § i23.
7 in the ex-pense of such work, and for such purposes or any of them, may
8 make contribution to such city, town or county by a grant of land or
9 rights in land, although the same be already a boulevard, or by payment
10 of money for its portion of such expense.
1 Section 89. If money, goods or other property which has been Disposition of
2 stolen, lost, abandoned or taken from a person under arrest comes into i°9M?T7o,Ti.
3 the possession of a police officer or other employee of the commission "12^3.^^°'
4 by virtue of his office or employment, he shall deliver the same to the
5 person designated by the commission to receive the same, and he shall
6 thereupon be relieved from further responsibility therefor.
1 Section 90. If no person proves ownership of such money, goods saieofiost
2 or other property within six months, the commission may cause the ism^'ito, § 2.
3 same, excepting money unclaimed, to be sold at public auction at such i^i^li^''"'
4 place and time and by such person as the commission may designate.
1 Section 91. Notice of the time and place of such sale, with a descrip- Notice of sale
2 tion of the property, shall be given by publishing the same once in a • •
3 newspaper published in Boston.
1 Section 92. Such property, if perishable or liable to deteriorate saie of perish-
2 greatly in value by keeping, or the value of which will probably be less property
3 than the ex-pense of keeping, may be sold at public auction at such \l°l[ "^\ ^ *'
4 place and at such time within six months and by such person as the ^ ^^s.
5 commission may designate, such notice of the time and place of sale
6 as the commission may deem reasonable and proper first being given.
1 Section 93. The proceeds of such sales, together with such unclaimed f/i™^f'J^3°^
2 money, after deducting all reasonable charges and expenses incurred on P^P^'j'f^ ^ 5
3 account of such property, shall be accounted for and paid to the com-
1064
METROPOLIT.^N SEWERS, WATER AND PARKS.
[Chap. 92.
monwealth and shall be credited and added to the Metropolitan Parks 4
Expense Fund. 5
True owner to
be paid pro-
ceeds of sale,
1904, 170, § 6.
Section 94. If within two years after any such sale the owTier claims 1
such property and proves ownership to the satisfaction of the commis- 2
sion, the amount of such unclaimed money or the proceeds of the sale '.i
of such property, after deducting reasonable expenses, shall be paid 4
to him by the state treasurer out of said Metropolitan Parks Expense 5
Fund. t)
Encroach-
ments on land,
permits for.
190S, 158, § 1.
1919, 350,
5 123.
Section 95. The commission may grant permits, upon such terms
and conditions as it deems proper, for the projection of eaves, cornices
or ornaments of buildings, beyond the line of restriction or setback
established for the benefit of the commonwealth, upon the land of a
private owner which abuts on lands under the control of the commission,
and also for the projection of eaves, cornices or ornaments of buildings
over land under the control of the commission; provided, that no grant
hereunder shall be made for any projection of more than three feet, nor S
for a projection over land of the commonwealth held or in the opinion 9
of the commission likely to be required for a boulevard or driveway, 10
at a height less than thirty feet above the grade wiiich the commission 1 1
may determine as that established or likely to be established as the 12
grade of such boulevard or driveway adjacent to said private land. 13
presCT^p'tfon Section 96. No person shall acquire any rights by prescription or 1
or adverse advcrsc posscssion in any lands or rights in lands of the commonwealth 2
possession not ^ ii»i * • p
to be acquired. Under the control or the commission for reservation or boulevard purposes. 3
1908, 158, § 2. 1919, 350, § 123.
Assessments
upon cities
and towns in
the metropoli-
tan districts.
1905, 457.
1919, 350,
§123.
Section 97. If any apportionment for assessment upon the towns 1
of either the metropolitan water, sewerage or park districts shall not 2
have been finally determined by July first of any year, the last apportion- 3
ment thereof shall remain in force for the purpose of assessment during 4
such current year. Any difference between such apportionment when 5
finally made by the commission for such year, and the pre-existing appor- (>
tionment above referred to, shall be adjusted with such town by the state 7
treasurer in the assessment of the succeeding year by a deduction there- S
from or an addition thereto, as may be required to give effect to the said 9
apportionment when made as aforesaid. 10
Appropriations
for mainte-
nance of reser-
vations, etc.
1907, 165.
1919, 350,
§ 123.
Section 98. Annual appropriations shall be made for the mainte-
nance of reservations and boulevards, of the north and south metropolitan
systems of sewerage, and of the metropolitan water system under the
control of the commission, and such appropriations shall be apportioned
and assessed by the state treasurer as provided in this chapter. Of the
amount so assessed and collected, any balance remaining on November
thirtieth in any year siiall be carried forward to the next year, and shall
be taken into account in making the assessments for that year.
money?or°' Section 99. There may be advanced by the commonwealth to such 1
ysos^-Jou,''"' person as the commission shall designate such sums of money, not e.\ceed- 2
IV'-istf'us'' '"» tiiirty thousand dollars at any one time, as the comptroller may 3
1899,424, §§19, certify to the state treasurer as necessary to enable the commission to 4
Chap. 92.] metropolitan sewers, water and parks. 1065
5 make direct pa^inents upon its pay rolls and other accounts. The person 1991, los. i§ i.
6 so designated shall give a bond, with sufficient sureties to be approved i904*«'l ^'
7 by the state treasurer, in the sum of thirty thousand dollars. Said sums Jgig; J"^' ^ '■
350,
8 may be advanced from any loan or appropriation under the control of tlie lg^^^Q2 § oe
9 commission. The person to whom this money is advanced shall within
10 thirty daj's from the receipt of any sum file with the comptroller a de-
ll tailed statement of the moneys expended, approved by the commission,
12 and, where it is practicable to obtain them, receipts or other like vouchers
13 of the persons to whom the payments have been made.
1 Section 100. The commission shall keep full, accurate and separate Accounts and
2 accounts of its receipts, expenditures, disbursements, assets and liabili- issg.^sgfTs.
3 ties, and shall, on or before the third Wednesday in January in each ilgs! 4og; § li
4 year, report to the general court an abstract of the same for the pre- tl99,^424, § 7.
5 ceding fiscal year, together with all recommendations for legislation l^^/'j®*'
6 which it deems desirable, and shall, in the month of February, present woe. 235.
7 a more detailed statement of its doings for the calendar year next pre- § 123. '
8 ceding, the same to be printed as its annual report for the year. Section p- ■ ■
9 thirty-three of chapter thirty shall apply to such recommendations
10 whether the same are contained in such abstract or in such detailed
11 statement.
1 Section 101. The commission may, whenever it deems advisable. Destruction of
2 destroy brown tail moths, gypsy moths and other insect pests on lands lands iwar' ""
3 near or adjoining lands under its control and to a distance of one thou- cofSon''of
4 sand feet therefrom; provided, that the commission shall first have been {hfrefOT'
5 requested in writing by the owner of any such land to do said work, and }9}*' ^^o.
6 that such owner shall either have advanced to the commonwealth for the § 123.
7 purpose the cost of such work as estimated by the commission, or, if the
8 commission shall so require, shall have given a bond to the commonwealth
9 to an amount, and with surety or sureties satisfactory to the commission,
10 to reimburse the commonwealth for the cost of such work. The state
11 treasurer may maintain an action of contract in his own name against
12 any owner of land upon which work has been done by the commission as
13 herein authorized, or against the surety or sureties on any bond given as
14 aforesaid, for the expenses incurred by the commission in doing such work.
1 Section 102. The commission shall have over the property of the General
,. , n 1 I J authority of
2 metropolitan water and sewerage systems all the general power and commission.
3 authority which it has over reservations so far as the same may be §§ 123.^127.
4 exercised consistently with the purposes for which the metropolitan
5 water and sewerage systems are maintained.
1066
REGULATION OF TRADE, ETC.
[Chap. 93.
TITLE XV.
REGULATION OF TRADE.
Chapter
93.
Chapter
94.
Chapter
9.5.
Chapter
96.
Chapter
97.
Chapter
9S.
Chapter
99.
Chapter
100.
Chapter 101.
Chapter
102.
Chapter 103.
Chapter
104.
Chapter
105.
Chapter 106.
Chapter 107.
Chapter
108.
Chapter
108A
Chapter
109.
Ch.apter
109A
Chapter
110.
Chapter
IIOA
Regulation of Trade and Certain Enterprises.
Inspection and Sale of Food, Drugs and Various Articles.
Measuring of Leather.
Measurement of Lumber.
Surveying of Land.
Weights and Measures.
The Metric System of Weights and Measures.
Auctioneers.
Transient Vendors, Hawkers and Pedlers.
Shipping and Seamen, Harbors and Harbor Masters.
Pilots.
Agents, Consignees and Factors.
Public Warehouses.
Sales of Personal Property.
Money and Negotiable Instruments.
Bills of Lading.
Partnerships.
Limited Partnerships.
Fraudulent Transfers of Real and Personal Property.
Labels, Trade Marks, Names and Registration thereof.
Promotion and Sale of Securities.
CHAPTER 93.
REGULATION OF TRADE AND CERTAIN ENTERPRISES.
Sect.
eesthaint op trade.
1. Sales on condition that buyer deal
only in seller's goods penalized.
2. Monopolies and discriminations in
the sale of articles, etc., in common
use prohibited.
3. Action by attorney general, etc.
4. Proceedings on complaint of other
persons; hearing; master; report.
5. Findings, recommendations, etc. Re-
port sent to attorney general, when.
Further proceedings.
6. Powers of masters, fees, places for
hearing, etc.
7. Witnesses required to answer ques-
tions, etc. Immunity, when
granted. Examination of docu-
ments regulated.
Sect.
8. Discrimination in sale of commodi-
ties prohibited.
9. Certain combinations unlawful. Pen-
alty.
10. Evasion of §§ 8 and 9 by indi«dual
penalized.
11. Forfeiture of privileges, rights,
etc., of corporation upon con-
viction.
12. Duties of attorney general and dis-
trict attorneys.
13. Agreements to maintain or increase
unreasonably the price of any nec-
essary of life penalized.
14. Conditions for sale or lease of ma-
chinery regulated. Penalty.
Chap. 93.]
RKGULATION OF TRADE, ETC.
1067
Sect.
15.
16.
17.
18.
19.
20.
21.
23.
24.
25.
26.
27.
28.
SALE OF MINING STOCKS.
Publication of statement of financial
condition of mining company regu-
lated. Penalty.
Penalty for signing false statement
filed with commissioner.
Penalty for selling stock with knowl-
edge of false advertisement, etc.
Penalty for making false statements
to stock exchanges.
CORRESPONDENCE SCHOOLS.
[Repealed.]
[Repealed.]
Remedy of pupil defrauded by mis-
representation.
Department of education to make
rules.
Violation of rules penaUzed.
COLLECTION AGENCIES.
Persons conducting collection agen-
cies to give bond.
Amount and provisions of bond.
Sureties; approval. Filing. Cancel-
lation.
Record of bonds to be kept.
Penalties.
Sect.
advertising signs and devices within
public view.
29. Billboards, etc., within public view
regulated. Hearings.
30. Certain billboards, etc., forbidden.
30A. Abatement and removal.
31. Jurisdiction of supreme judicial and
superior courts.
32. Certain signs, etc., exempted.
33. Penalties.
SAVINGS AND LOAN ASSOCIATIONS.
34. Powers and duties of commissioner of
banks as to savings and loan asso-
ciations.
REGISTRATION OF PUBLIC ACCOUNTANTS.
35. [Repealed.)
36. [Repealed.]
37. [Repealed.]
3S. [Repealed.]
39. [Repealed.]
MISCELLANEOUS PROVISIONS.
40. Solicitation of business on public side-
walks penalized. Exceptions.
41. [Repealed.)
RESTRAINT OF TR.ADE.
1 Section 1. No person, firm, association or corporation doing business
2 in the commonwealth, shall make it a condition of the sale of goods,
3 wares or merchandise that the purchaser shall not sell or deal in the
4 goods, wares or merchandise of any other person, firm, association or
5 corporation ; but this section shall not prohibit the appointment of agents
6 or sole agents for the sale of, nor the making of contracts for the exclusive
7 sale of, goods, wares or merchandise. Whoever, as principal or agent,
8 violates this section shall be punished for the first offence by a fine of
9 not less than fifty nor more than one hundred dollars, and for a sub.se-
10 quent offence by a fine of not less than one hundred nor more than five
11 hundred dollars or by imprisonment for not more than one year, or both.
Sales on
condition
that buyer
deal only in
seller's goods
penalized.
1901, 478.
R. L, 56, § 1.
188 Mass. 229.
191 Mass. 545.
203 Mass. 122.
3 Op. A. G.
425.
1 Section 2. Every contract, agreement, arrangement, combination
2 or practice in violation of the common law whereby a monopoly in the
3 manufacture, production, transportation or sale in the commonwealth
4 of any article or commodity in common use is or may be created, estab-
5 lished or maintained, or whereby competition in the commonwealth
6 in the supply or price of any such article or commodity is or may be
7 restrained or prevented, or whereby for the purpose of creating, establish-
8 ing or maintaining a monopoly within the commonwealth of the manu-
9 facture, production, transportation or sale of any such article or com-
10 modity, the free pursuit in the commonwealth of any lawful business,
11 trade or occupation is or may be restrained or prevented; or whereby
12 the price of any article or commodity in common use is or may be un-
13 duly enhanced within the commonwealth, is hereby declared to be against
14 public policy, illegal and void.
Monopolies
and dis-^
criminations
in the sale of
articles, etc.,
in common
use pro-
hibited.
1908, 454, § 1.
1911. 503, § 1.
220 Mass. 55,
281, 389.
227 Mass. 466.
231 Mass. 113.
243 Mass. 472.
245 Mass. 577.
253 Mass. 185.
260 Mass. 45.
1068
REGULATION OF TR.U)E, ETC.
[Chap. 93.
Action by
attorney
general, etc.
1908, 454, § 2.
253 Mass. 185.
Section 3. The attorney general, or, by his direction, a district 1
attorney, may bring an action in the name of the commonwealth against 2
any person, trustee, director, manager or other officer or agent of a cor- 3
poration, or against a corporation, to restrain the doing in the common- 4
wealth of any act forbidden or declared to be illegal by the preceding 5
section, or any act in, toward or for the making or consummation of any 6
contract, agreement, arrangement, combination or practice prohibited 7
by said section, wherever the same may have been made. The superior 8
court shall ha\e jurisdiction to restrain and enjoin any act forbidden or 9
declared to be illegal by said section. 10
Proceedings
on complaint
of other per-
sons; hearing;
master: report.
1911, 503, S 1.
217 Mass. 166.
226 Mass.
21, 25.
232 Mass. 99.
Section 4. Upon written complaint on oath of the complainant 1
filed in the supreme judicial or superior court, alleging that any person, 2
co-partnership or corporation has, in the county where such complaint 3
is filed, entered into any contract, agreement, arrangement, combina- 4
tion or practice declared illegal and void under section two, the court 5
shall hear on oath the complainant and any witnesses produced by him. 6
If it appears to the court that such contract, agreement, arrangment, 7
combination or practice exists, the court shall issue an order of notice to 8
the respondents to appear and show cause why the court should not aji- 9
point a master to hear and make report on said complaint ; and thereafter, 10
if such cause be not shown, the court shall appoint a master who shall, 11
in accordance with the established practice and rules in equity, hear tiie 12
complainant and the respondents and tlieir evidence upon the allegations 13
of said complaint; and upon motion of the complainant, other persons, 14
co-partnership or corporations within the jurisdiction of the court and 15
appearing to the court to be necessary parties to the full examination 16
of the allegations of said complaint, may upon proper notice be cited to 17
appear as parties respondent. After such hearing the master shall make 18
and file his report, and said parties may present their objections and ex- 19
ceptions thereto and prosecute the same in accordance with the rules 20
of procedure in equity. Said report of the master shall be filed by him 21
within thirty days after the close of the hearings, unless further time is 22
allowed by order of the court. 23
Findings,
recommenda-
tions, etc.
Report sent
to attorney
general, when.
Further pro-
ceedings.
1911, 503, § 2.
Section 5. A master may append to such report such recommenda- 1
tions to the parties as may be pertinent to, and warranted by, his findings 2
of fact or rulings of law, and as may tend to remove restraint or to pre- 3
vent any ground of complaint alleged in said complaint and found by 4
him to be proved; but such recommendations may, upon motion of any 5
party, and upon order of the court, be disaffirmed and expunged from 6
the records of the case. The report, if aflSrmed by the court, shall be 7
transmitted by the clerk to the attorney general, who shall forthwith 8
cause such further proceedings, either civil or criminal, to be instituted as 9
such report may warrant. 10
Powers of
masters, fees,
places for
hearing, etc.
1911,503, §3.
Section 6. Masters appointed under section four shall have all the
powers conferred upon masters in equity procedure. Their fees shall be
fixed by the court and paid by the commonwealth, l^pon request of
such master rooms for hearings shall be provided in the state house, if
the cause is pending in Suffolk, Middlesex or Norfolk county; if else-
where, in some county court house within the county where the cause is
pending. Upon approval by the court, such masters may employ suit-
Chap. 93.] regulation of trade, etc. 1069
8 able clerical or stenographic assistants to report the evidence taken and
9 the findings. Such assistants shall be paid by the commonwealth.
1 Section 7. In any action under section three or at any hearing under witnesses
i *-"-"-*'" ■. . . "^ , ,, , 1 i. • 4.- required to
2 section four, no person shall be excused irom answernig any questions answer ques-
3 put to him in such action or material to the proof of the allegations of I'mmunHy,
4 the complaint at such hearing, or from producing any books, papers or gj;^"' «'-^"*"'''-
xaiiunation
ocuments
5 documents which are material to such proof, on the ground that the tes- "^'f^'J'
6 timony or evidence, documentary or otherwise, so required of him, tends loos. 434. 1 3.
7 to incriminate him; but no person shall be prosecuted in any criminal
8 proceeding, or subjected to any penalty or forfeiture for or on account
9 of any transaction, matter or thing concerning which he may testify or
10 produce evidence, documentary or otherwise, in any such action or hear-
11 ing. Upon objection of a party at such hearing, no book, paper or docu-
12 ment, or part thereof, produced by him at the request of any other party,
13 shall be examined by the party making the request or his attorney, or
14 offered in evidence, unless it is so ordered by the master, after examina-
15 tion thereof and a hearing thereon, and a ruling by the master that such
Hi evidence is material and competent.
1 Section 8. No person, firm, association or corporation doing business Discnm^mation
2 in the commonwealth and engaged in the production, manufacture or amfmodities
3 distribution of any commodity in general use, shall maliciously, or for the ^si^l'esl'?'
4 purpose of destroying the business of a competitor and of creating a Ha^fass. 472.
5 monopoly in any locality, discriminate between different sections, com- » Op. a. g.
6 niunities, towns or cities of the commonwealth or between purchasers by
7 selling such commodity at a lower rate for such purpose in one section,
8 community, town or city than is charged for such connnodity by the
9 vendor in another section, community, town or city in the commonwealth,
10 after making due allowance for the difference, if any, in the grade or
1 1 quality and in the cost of transportation, and such acts are hereby de-
12 clared to be unfair discrimination, and all contracts or agreements made
13 in violation of any provision of this or either of the two following sections
14 shall be void.
1 Section 9. No person, firm, association or corporation shall com- Certain
binations
2 bine with any other person, firm, association or corporation for the pur- uXwfui.
3 pose of destroying the trade or business of any person, firm, association fg"|,"6^5i,
4 or corporation engaged in selling goods or commodities and of creating Ha-^f^gg 472.
5 a monopoly within the commonwealth. Violation of any provision of
6 this or the preceding section shall, if the offender is an individual, be
7 punished by a fine of not less than five hundred nor more than five thou-
8 sand dollars or by imprisonment for not less than one month nor more
9 than one year, or both; or, if the offender is a corporation, by a fine as
10 aforesaid.
1 Section 10. Whoever, in his individual capacity, or acting in behalf ^JlfbV/ndP
2 of any firm, association or corporation for the purpose of evading any ^^.'^^f^^^j
3 provision of sections eight and nine, shall appoint agents, secure or hold 1912, bm, | 4.^
4 the control of corporate stock, or by agreement with any other person, 243Mas8:472.'
5 firm, association or corporation, cause any of the commodities mentioned
6 in section eight to be sold for the purpose of such evasion or attempt to
7 evade, shall be punished by imprisonment in the state prison for not more
8 than five years, or in a jail or house of correction for not less than six
1070
REGULATION OF TR.IDE, ETC.
[Chap. 93.
Forfeiture of
privileges,
rights, etc.,
of corporation
upon con-
viction.
1912, 051,
§§8,9.
243 Mass. 472.
months nor more tlian two and one half years; and if any of the acts 9
specified in this section are done by a corporation, the directors, stock- 10
holders or agents authorizing such evasion or discrimination shall each be 1 1
punished as provided herein. 12
Section 11. If any corporation, foreign or domestic, authorized to 1
do business in this commonwealth is convicted of violation of any pro- 2
vision of section eight, nine or ten, such conviction shall cause a forfeiture 3
of all the privileges and rights conferred upon the corporation by general 4
or special law of this commonwealth and shall bar its right to do business 5
in this commonwealth, and if it shall continue or attempt to do business in 6
this commonwealth, the attorney general shall by a proper action in the 7
name of the commonwealth oust such corporation from all business of 8
everv kind and character in this commonwealth. 9
Duties of
attorney
general and
district
attorneys.
1912, 651, § 6.
243 Mass. 472.
Section 12. The attorney general and district attorneys, in their
districts, shall enforce sections eight to ten, inclusive, by appropriate
actions in courts of competent jurisdiction, but nothing herein shall limit
the right of any court to issue warrants and make commitments to await
the action of tlie grand jury under said sections in the case of crimes under
the common law, and such power is hereby given to the courts of the
commonwealth.
Agreements to
maintain or
increase un-
reasonably
the price of
any necessary
of life
penalized.
1919, 298.
Conditions for
sale or lease
of machinery
regulated.
Penalty.
1907, 469.
193 Mass. 608.
3 Op. A. G.
425.
Section 13. Maintaining or increasing unreasonably the price of any 1
necessary of life is hereby declared to be unlawful. Whoever, in com- 2
bination or association with another or others, enters into any agreement 3
or understanding to maintain or increase or cause to be maintained or 4
increased unreasonably the price of any necessary of life shall be deemed 5
guilty of criminal conspiracy, and upon conviction thereof shall be pun- 6
ished by a fine of not more than one thousand dollars or by imprisonment 7
in the liouse of correction for not more than two years, or both. Prosecu- 8
tions hereunder shall be under the control of the attorney general and shall 9
be conducted by him or an assistant designated by him. 10
Section 14. No person, firm, association or corporation shall insert 1
in or make it a condition or provision of any sale or lease of any tool, 2
implement, appliance or machinery that the purchaser or lessee thereof 3
shall not buy, lease or use machinery, tools, implements or appliances or 4
material or merchandise of any person, firm, association or corporation 5
other than such vendor, or lessor; but this provision shall not impair (3
the right, if any, of the vendor or lessor of any tool, implement, appliance 7
or machinery protected by a lawful patent right vested in such \-endor or 8
lessor to require by virtue of such patent right the \endee or lessee to 9
purchase or lease from such vendor or lessor such component and con- 10
-stitutent parts of said tool, implement, appliance or machinery as the 11
vendee or les.see may thereafter require during the continuance of such 12
patent right; and all leases, sales or agreements therefor made after July 13
first, nineteen hundred and seven, shall be void as to any and all of the 14
terms or conditions thereof in violation of this section; provided, that 15
nothing in this section shall be construed to prohibit the aj)ix)intment of 10
agents or sole agents to sell or lease machinery, tools, iinpleiuents or 17
appliances. Whoever, himself or by his agent, violates this section shall 18
be punished by a fine of not more than five thousand dollars. 19
Chap. 93.] regulation of trade, etc. 1071
SALE OF MINING STOCKS.
1 Section 15. No officer, agent, clerk or servant of a mining corpora- Publication of
2 tion, and no person dealing in the shares of such corporation, shall cause financia"'"'
3 to be published any advertisement of the shares of such corporation in mCingTom-
4 which any statement is made of the value of the property of the corpora- [','J"g ™^"'
5 tion, or of its present or prospective earnings, or of a prospective increase fmY'V^o
6 in the price of the shares, unless the president and a majority of the §§2,'4.
7 directors of such corporation, within sixty days prior to the date of the
8 publication of such advertisement, shall have filed with the commissioner
9 of corporations and taxation in such form as he shall prescribe, a state-
10 ment on oath of the financial condition of the corporation, a full descrip-
11 tion of its property, and a statement of the earnings, if any, from the
12 operation of the same for the fiscal year next preceding the date of the
13 filing of the said statement. Whoever violates this section shall be pun-
14 ished by a fine of not more than two hundred dollars or by imprisonment
15 for not more than one year.
1 Section 16. An officer or director of a mining corporation who signs Penalty for
signing false
statement
etc.
1911,492, § 3.
2 any false statement filed with the commissioner of corporations and
3 taxation under the preceding section, knowing such statement to be false, TOmmkluji
4 shall be punished by a fine of not more than one thousand dollars or by i^'i' ■'s^. § 4.
5 imprisonment for not more than two years.
1 Section 17. Whoever, having caused the publication of an advertise- Penalty for
2 ment described in section fifteen, or being a promoter, officer, clerk or wi'th"knowi-
3 servant of a mining corporation, or a broker or agent for such corporation adverUsement
4 or for such a promoter, or for the person or corporation causing the publi-
5 cation of such ad\'ertisement, sells or oft'ers for sale any shares of stock
6 in such corporation knowing that any statement in such advertisement is
7 false or is inconsistent with a statement filed under said section shall be
8 punished by a fine of not more than five hundred dollars or by imprison-
9 ment for not more than two years.
1 Section 18. An officer of a mining corporation who makes a false Penalty for
2 statement, knowing the same to be false, in an application to any stock ."tatements^to
3 exchange to list the shares of such corporation shall be punished by a Changes.
4 fine of not more than five hundred dollars or by imprisonment for not ^^'^' ''®'' ^ '■
5 more than two years.
correspondence schools.
1 Section 19. [Repealed, 1931, 426, § 212.]
1 Section 20. [Repealed, 1931,426, §212.]
1 Section 21. Any pupil of a correspondence school who is defrauded pu^ffi^."'
2 by a misrepresentation made by an officer or agent of such school, or by frauded by
3 any advertisement or circular issued by it, or by any person, firm, asso- sentation.
4 ciation or corporation, who sells textbooks to the said school or to the 1931! 420!
5 pupils thereof, may recover in contract from such school or person, firm,
6 association or corporation three times the amount paid by him to such
7 school or person, firm, association or corporation.
1072
REGULATION OF TRADE, ETC.
[Chap. 93.
Department SECTION 22. Thc department of education mav establish rules and 1
of education , , ^ •'
to make rules, regulations goveming correspondence schools. 2
19:4, 658, § 4. 1919, 350, § 56.
of °uies°° Section 23. Whoever violates any provision of any rule or regulation
i9i4''65s 5 5 established under section twenty-two .shall be punished by a fine of not
i93i! 426! more than five hundred dollars. 3
i 214.
1
2
Persons con-
ducting col-
lection
agencies to
give bond.
1910, 656,
§S1, 8.
COLLECTION AGENCIES.
Section 24. No person, partnership, association or corporation, not 1
being an attorney at law duly authorized to practice in the common- 2
wealth, a national bank or a bank or trust company incorporated in the 3
commonwealth, shall conduct a collection agency, collection bureau or 4
collection office, or engage in the commonwealth solely in the business 5
of collecting or receiving payment for others of any account, bill or other 6
indebtedness, or engage in the commonwealth solely in soliciting the 7
right to collect or receive payment for another of any account, bill or 8
other indebtedness, or advertise for or solicit in print the right to collect 9
or receive payment for another of any account, bill or other indebtedness, 10
unless such person, partnership, association or corporation or the person, 11
partnership, association or corporation for whom he or it may be acting 12
as agent has on file with the state treasurer a good and sufficient bond. 13
Amount and
provisions
of bond.
1910, 656,
§§ 2. 3.
1919, 101, § 1.
1930,302, § 1.
Section 25. Said bond shall run to the state treasurer and shall 1
cover an indeterminate period but it may be cancelled at any time as 2
provided in section twenty-six. It shall be in the sum of five thousand 3
dollars and shall provide that the person, partnership, association or 4
corporation, giving the same shall, upon written demand, pay and 5
turn over to or for the person, partnership, association or corporation, 6
from whom any account, bill or other indebtedness is taken for collec- 7
tion the proceeds of such collection in accordance with the terms of the 8
agreement upon which it was received for collection. Said bond shall 9
be in such form and shall contain such further provisions and conditions 10
as the state treasurer with the advice and consent of the governor and 11
council deems necessary or proper. 12
Sureties;
approval.
Filing.
Cancellation.
1910, 656,
§§4. 6.
1919. 350, 5 45.
1930, 302, § 2.
Section 26. Said bond shall be executed by said person, partner- 1
ship, association or corporation as principal, with a surety company as 2
surety; or cash may be accepted in lieu of a surety company. The 3
bond shall not be accepted unless it is approved by the state treasurer 4
after having been examined and approved by the commissioner of 5
banks. Upon its approval by the treasurer, it shall be filed in his office. 6
Said bond may be cancelled at any time by the principal, by the surety 7
company or by the state treasurer upon written notice by registered 8
mail given by the principal, the surety company or the state treasurer 9
to each of the others, said notice to state the effective date of the can- 10
cellation which shall not be sooner than thirty days from the date of the 1 1
mailing of such notice. 12
bonds^tobe SECTION 27. The state treasurer shall keep a record open to public 1
1910 656 5 5 inspection of the bonds filed with him under the preceding section, with 2
the names, places of residence and places of business of the principals 3
Chap. 93.] regulation of trade, etc. 1073
4 and sureties, and the name of the officer before whom the bond was
5 executed or acknowledged.
1 Section 28. Any person doing any business for which a bond is Praaities.
2 required by section twenty-four or any member of a partnership or lUlS!; loi'; § 1;
3 officer of an association or corporation doing such business, who fails
4 on written demand to render a true and complete account to the person,
5 partnership, association or corporation from whom any account, bill or
6 indebtedness was taken for collection or to turn over to or for such
7 person, partnership, association or corporation the proceeds of such
8 collection within thirty days after such written demand, or who fails to
9 comply with any provision of sections twenty-four to twenty-seven,
10 inclusive, shall be punished by a fine of not more than five hundred
] 1 dollars or by imprisonment for not more than three months, or both.
advertising signs and devices within public view.
1 Section 29. The department of public works, hereinafter called the Billboards, etc..
2 department, shall make and may amend or repeal rules and regulations vi'oVreguiated.
3 for the proper control and restriction of billboards, signs and other "gao'.'sls,
4 advertising de\'ices, except as provided in section thirty-two, on public f|24Tli27.
5 ways or on private property within public view of any highway, pubhc ^^fj/^^^^; H^-
6 park or reservation. Said rules and regulations may require that said
7 billboards, signs or other devices be licensed in accordance therewith
8 and with this section, may prescribe license fees, to be fixed with regard
9 to the cost of administering this section, and need not be uniform through-
10 out the commonwealth. Before establishing or amending rules or regu-
11 lations under this section, the department shall hold duly advertised
12 public hearings in Boston and elsewhere within the commonwealth as
13 it deems necessary or expedient. Cities and towns may further regulate
14 and restrict said" billboards or other devices within their respective
1.5 limits by ordinance or by-law not inconsistent with sections twenty-
16 nine to thirty-three, inclusive, or with said rules and regulations.
1 Section 30. No person, firm, association or corporation shall post, ^J^J^'" ^,'J''
2 erect, display or maintain on any public way or on private property forbidden."
3 within public view from any highway, public park or reservation any 1924! 334! § 1.
4 billboard or other advertising device, whether erected before August ^'^'' ^^''^- **■
5 twenty-fifth, nineteen hundred and twenty, or not, which advertises or
G calls attention to any business, article, substance or any other thing,
7 unless such billboard or device conforms to the rules and regulations
8 and ordinances or by-laws established under the preceding section;
9 provided, that this section shall not apply to signs or other devices
10 erected and maintained in conformity with law and which advertise or
11 indicate either the person occupying the premises in question or the
12 business transacted thereon, or advertise the property itself or any part
13 thereof as for sale or to let and which contain no other advertising matter.
1 Section .30A. Any billboard, sign or other device erected after Abatement
2 August twentieth, nineteen hundred and twenty, without the authoriza- i924'!T9a
3 tion or permit of the department in cases where such authorization or ^^^*' ^^'''
4 permit is required or maintained after said date in violation of any rule
5 or regulation of the department shall be deemed a nuisance. Said depart-
6 meut shall have the same power to abate and remove any such nuisance
1074
REGULATION OF TRADE, ETC.
[Chap. 93.
as is given to the board of health of a town under sections one hundred 7
and twenty-three to one hundred and twenty-five, inchisive, of chapter 8
one hundred and eleven, and the provisions of said sections shall, so far 9
as applicable, apply in the case of a nuisance as herein defined. The 10
remedy herein provided shall be in addition to any other remedy provided 1 1
by law. 12
Jurisdiction of
supreme ju-
dicial and su-
perior courts.
1920, 545, § 6.
Certain signs,
etc., exempted.
1920, 545, § 5.
1924, S5.
Section 31. The supreme judicial and superior courts shall have
jurisdiction in equity upon petition of the attorney general, of any town
or any officer thereof, or of any interested party, to restrain the erection
or maintenance of any billboard, sign or other device erected or main-
tained in violation of any rule, regulation, ordinance or by-law established
or adopted under section twenty-nine, and to order the removal or abate-
ment of such billboard, sign or device as a nuisance.
Section 32. Sections twenty-nine to thirty-one, inclusive, and thirty- 1
three shall not apply to signs or other devices on or in the rolling stock, 2
stations, subways or structures of or used by common carriers, except 3
advertising signs or other advertising devices on bridges or viaducts, or 4
abutments thereof. 5
Penalties.
1920, 545, § 7.
Section 33. Whoever violates any rule, regulation, ordinance or
by-law established or adopted under section twenty-nine shall be pun-
ished by a fine of not more than one hundred dollars, and whoever after
conviction of such violation unlawfully maintains such a billboard, sign
or other device for twenty days thereafter shall be punished by a fine of
not more than five hundred dollars.
Powers and
duties of com-
missioner of
banks as to
savings and
loan associa-
tions.
1916, 26.
1919, 350, § 45.
SAVINGS AND LOAN ASSOCIATIONS.
Section 34. The commissioner of banks shall have the same powers
and duties in respect to savings and loan associations which he now has
or may hereafter have in respect to savings banks. In the examination
of such savings and loan associations inquiry shall be made as to the
nature and resources of the association in general, its methods of con-
ducting business, the actions of its officers, the investment of its funds,
and as to whether the administration of its affairs is in compliance with
its by-laws and the statutes. At each visitation, a thorough examination
and audit shall be made of the books, securities, cash, assets, liabilities,
income and expenditures, including a trial balance of the shareholders'
ledgers, for the period elapsed since the preceding examination. The
expense of such examination and audit shall be paid by the savings and
loan association. The person in charge of the examination shall render
to the commissioner a report of his findings, in such form as the commis-
sioner may prescribe, and a copy thereof shall be rendered to the board of
directors within ten days after the original has been submitted to the
commissioner, together with a notice of the amount of the expense afore-
said which shall be due and payable within thirty days after the date of
the notice. Upon the failure of any such savings and loan association
to pay the said expense within the time prescribed herein, the commis-
sioner shall report the facts to the attorney general, who shall imiiicdi-
ately bring an action for the recovery of the sum due. The commissioner
shall annually make a report to the general court of such facts and state-
ments relative to the said associations and in such form as he may con-
8
9
10
11
12
13
14
15
16
17
IS
19
20
24
Chaps. 93, 9-1.]
1075
25 sider that the public interest requires. The officers of every such associa-
2() tion shall answer truly all inquiries made, and shall make all returns
27 required by the commissioner.
registration of public accountants.
1 Section 35. [Repealed, 1923, 470, § 3.]
1 Section 36. [Repealed, 1923, 470, § 3.]
1 Section 37. [Repealed, 1923, 470, § 3.]
1 Section 38. [Repealed, 1923, 470, § 3.]
1 Section 39. [Repealed, 1923, 470, § 3.]
miscellaneous provisions.
1 Section 40. ^Vhoever makes a practice of accosting persons, other solicitation of
2 than acquaintances, upon any public sidewalk and induces or tries to pubUc slcfe"
3 induce such persons to purchase merchandise shall be punished by a fine ^^fl" If"/''
4 of not more than one hundred dollars. This section shall not apply to i9^g°g|9
5 licensed pedlers, or to persons holding permits or licenses to expose for i93i, los.
6 sale or sell merchandise upon public streets or sidewalks, acting within
7 the scope of their permits or licenses, or to persons when seeking to sell
8 newspapers.
1 Section 41. [Repealed, 1921, 486, § 22.]
CHAPTER 94.
INSPECTION AND SALE OF FOOD, DRUGS AND VARIOUS ARTICLES.
Sect.
DEFINITIONS.
1. Definitions.
BAKERIES AND BAKERY PRODUCTS.
2. Floors, etc., to be kept clean, etc.
Use of shipping baskets, etc.,
regulated.
3. Storage, etc., of bakery products,
etc., regulated.
4. Preparation of bakery products, etc.,
regulated.
5. Return, etc., of bakery products reg-
ulated. Certain exemptions.
6. Establishment and enforcement of
rules, etc., relative to exemptions,
standards, etc.
7. Weight of loaves.
8. Special provisions as to rolls, etc.,
and certain bread. Certain in-
formation to be furnished upon
request.
Sect.
9. Rules and regulations, making and
enforcement. Seizures, proceed-
ings prior to prosecution, appeals.
10. Penalty.
NON-ALCOHOLIC BEVERAGES.
lOA. Manufacture or bottling, permits,
fees. Exceptions.
lOB. Examination of premises. Revoca-
tion of permits.
IOC. Ingredients regulated.
lOD. Rules and regulations.
lOE. Penalties.
BAKING POWDER.
11. Labelhng of baking powder regu-
lated. Penalty.
MILK AND CREAM.
12. Standard for cream, milk and
skimmed milk.
1076
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Sect.
13. "Grade A, Massachusetts Milk".
Standard.
14. Same subject. Permits for sale.
Test.
14A. " Grade A Milk ". Standard, rules
and regulations. Penalties.
15. Permits for sale of other graded milk.
16. Conditions of production of milk
subject to inspection.
17. Formula for extending evaporated,
etc., milk to be placed on con-
tainer.
17A. Combination of certain fats and oils
with milk, cream or skimmed milk
penalized.
18. Penalty for selling, etc., certain milk.
19. Sale, etc., of adulterated, etc., milk.
Penalty.
20. Sale, etc., of milk below standard.
Penalty.
21. Labelling of cream regulated. Sale,
etc., of cream below standard.
Penalties.
22. Sale, etc., of pasteurized milk below
standard. Penalty.
23. Sale, etc., of condensed milk regu-
lated. Penalty.
24. Sale of condensed, etc., milk not
labelled. Penalty.
25. Testing of utensils for determining
value of milk, etc.
26. Inspection and condemnation of
testing machines.
27. Certificate for use of Babcock, etc.,
machine required. Fee, etc.
28. Certificates; issue, revocation and
effect.
29. Testing and inspection of measuring
devices.
29A. Milk-fat content of milk or cream;
rules and regulations governing
tests for determining.
30. Director to enforce certain sections.
Certain persons not subject to
prosecution, when.
31. Penalty for interfering with director,
etc., and for violation of §§ 25-
30, etc.
32. Milk stations.
33. Inspectors of milk and collectors of
samples of milk.
34. Boards may designate one of their
members, etc.
35. Certain powers, etc., of inspectors
and collectors.
36. Officer, inspector, etc., to send re-
sults of analysis to owner.
37. Liability of producer of milk regu-
lated.
38. Penalty for connivance by or inter-
ference with inspector, etc.
39. Penalty for using counterfeit seal,
etc.
40. License to sell milk, etc.
Sect.
41. License; granting, fee, term, revo-
cation; appeal, notice of revoca-
tion, etc. Lists of certain dealers.
42. Penalty for selling milk, etc., with-
out a license.
42A. Financial reports of certain dealers.
Penalty for failure to make, etc.
43. Permits for sale, etc., of milk. Pen-
alty.
44. Charges for inspection, etc., of dai-
ries, etc., prohibited. Penalty.
45. Use of certain containers prohibited.
Penalty.
46. Containers, etc., to be clean, etc.
47. Penalty for use of unclean utensils,
etc.
48. Placing of offal, etc., in milk cans,
etc., prohibited. Penalty,
4SA. Licensing of establishments for pas-
teurization of milk. Penalties.
BUTTER, CHEESE AND LAHD.
49. Oleomargarine to be marked.
50. Imitation cheese to be marked.
51. Unlawful sale, advertising, etc., of
imitation butter and cheese penal-
ized.
52. Conveyance of oleomargarine for
sale regulated. Penalty.
53. Registration of sellers of oleomar-
garine. Penalty.
54. Manufacture, etc., of certain imi-
tations of butter prohibited.
Penalty.
55. Fraud in sale of oleomargarine.
Penalty.
56. Sale of oleomargarine regulated.
Placard required in store. Pen-
alty.
57. Same subject. Placard required on
vehicles. Penalty.
58. Serving oleomargarine at hotels,
etc., regulated. Penalty.
59. Sale of process butter or renovated
butter regulated. Penalty.
60. Complaints for violation of sections
relative to oleomargarine, butter,
cheese, etc.
61. Wrappers of certain lard to be
marked. Penalty.
62. Penalty for interfering with inspec-
tor, etc.
63. Disposition of fines.
ICE CREAM AND SHERDET.
64. Standard of ice cream. Contents.
64A. Sherbet defined.
65. Ice cream, when deemed adulter-
ated.
65A. Manufacture and sale of ice cream
regulated.
65B. Licenses to manufacture ice cream.
Applications, fees, term, revoca-
tion.
Chap. 94.]
INSPECTION AND SALE OF FOOD, ETC.
1077
Sect.
65C. [Repealed.]
65D. [Repealed.)
65E. Rulea and
ment of §
65F. Penalty.
regulations.
§ m-05F.
Enforce-
66.
67.
68.
69.
70.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
88A,
89.
90.
91.
92.
92A.
COLD STOHACE.
Licensing of cold storage ware-
houses. Report of articles in cold
storage.
Department and local boards of
health to inspect. Rules, etc.
Department, etc., to have access to
certain places.
Regulation of cold storage.
Limit of time food may be kept in
cold storage.
Marking date of receipt of food in
C(t]d storage.
Marking of goods formerly in cold
storage regulated.
Penalty.
Fish to be graded. Grades estab-
lished.
"Number two fish" to be so desig-
nated, etc.
Sale of "number three fish".
"Number one fish" and "number
two fish" may be placed in cold
storage.
Notice to purchasers of cold storage
fish.
Restrictions on sale of cold storage
fish.
Restrictions on sale of cold storage
fish previously in cold storage.
Certain duties of state inspector of
fish. Rules, etc.
General penalty.
Sale of fresh fish at wholesale regu-
lated. Penalty.
Quintal weight of fish.
Clam bait; contents of barrel, etc.
Fish to be weighed on request or
demand.
Record of weight, etc., to be kept.
Fees for weighing.
Scallops. Marking of containers,
etc., regulated. Penalty.
License to can, etc., eggs.
Penalty for canning, etc., eggs with-
out a license.
Sale of eggs taken from cold storage
regulated. Penalty.
Broken eggs in cold storage, de-
naturing and marking.
Decayed eggs; sale, etc., regulated.
Penalty.
Sect.
CnOCOLATE.
9.3. [Repealed.]
94. [Repealed.]
95. [Repealed. [
90.
97,
98
99
FRUITS, VEGETABLES AND NUTS.
Fruits, etc., to be sold by dry
measure. "Original standard
container" defined. Exceptions.
Penalty.
[Repealed.]
Sale of certain berries regulated.
Penalty.
Same subject.
99A. Massachusetts standard box and
half box for farm produce sold at
wholesale regulated. Penalty.
APPLES.
100. Standard barrel and box for apples.
101. Establishment, etc., of official
grades.
102. Marking, etc., of closed packages
regulated.
103. Same subject.
104. Marking, etc., of open packages reg-
ulated.
105. Apples packed in closed or open
packages deemed misbranded,
when.
106. Commissioner may make rules and
regulations, enter certain places,
etc.
107. Enforcement of §§ 100-105 and lOS.
Prosecutions. Hearings.
108. Penalties for misbranding, etc., ap-
ples, and for obstructing, etc.,
commissioner, etc.
109. Certain exemptions from penalties
for misbranding, etc., apples. Lia-
bility for acts of distributor in cer-
tain cases.
110. [Repealed.]
111. [Repealed.]
112. [Repealed.]
11.3. [Repealed.]
114. [Repealed.]
CRANBERRIES.
115. Standard barrel and crate for cran-
berries.
110. Provisions as to barrels and crates.
Penalty.
117. Sale of cranberries in packages.
FAR.M PRODCCTS.
117.\. Grades and standards for certain
farm products, establishment, etc.
Brands or labels, use regulated.
11 7B. Notice of establishment, etc., of
grades, brands, etc.
1078
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Sect.
117C
Unlawful use of brands or labels
penalized.
Inspection of farm products, etc.
Certificates regulated; to be prima
facie evidence, etc.
...„. Rules and regulations.
117F. Powers of commissioner of agricul-
ture, etc.
117D.
117E.
SLAUGHTER HOUSES.
118. Slaughter houses to be licensed.
119. Issue of licenses. Record. Fee.
120. License fee for small towns.
120A. Additional fees in certain towns reg-
ulated.
121. General powers and duties of dis-
trict health officers, etc.
122. Certain powers and duties of certain
inspectors, etc.
123. Inspectors, etc., to visit certain
places.
124. Control of department of public
health over slaughter houses.
125. Slaughtering of cattle.
126. Inspection of carcasses.
127. Certain carcasses to be stamped or
branded.
128. Appointment, compensation, etc.,
of certain inspectors.
129. Carcasses of certain animals deemed
unfit for food.
130. Penalty for sale, etc., of unstamped
or falsely stamped carcasses.
131. Branding, etc., of carcasses of neat
cattle, etc., slaughtered without
the commonwealth. "Official in-
spector" defined.
132. Penalty for sale, etc., of certain un-
branded carcasses.
133. Private slaughter houses.
134. General penalty.
135. Penalty for slaughtering, etc., with-
out license.
136. Possession of certain carcasses pro-
hibited. Penalty.
137. Conviction renders license void.
138. Sale, etc., of certain carcasses pro-
hibited. Penalty.
139. Certain provisions of law not af-
fected.
WEIGHERS OF BEEF.
140.
141.
142.
143.
143A
144.
145.
Appointment.
Fees.
SAUSAGES.
Adulteration of sausages, etc.
Sale, etc., of sausages regulated.
Penalty.
Sale, etc., of vegetable sausages
authorized.
License to manufacture sausages.
Penalty for making sausages, etc.,
without a license.
Sect.
inspection and sale op meat, etc.
146. Inspection of meat, etc. Regula-
tions as to exposure of food for
sale.
147. Regulations for inspection of meat.
147A. Regulations for inspection, etc., of
game, etc. Penalty.
Penalties.
Interference with certain officers
penalized.
Sale, etc., of unwholesome food
penalized.
150A. Exposing for sale, etc., of unwhole-
some food penalized. Exceptions.
Sale, etc., of certain veal penalized.
Boards of health may cause publica-
tion of certain facts.
Sale, etc., of poultry regulated.
Penalty.
148.
149.
150.
151.
152.
153.
154.
155.
156.
157.
158.
159.
160.
161.
162.
CANNED GOODS AND MOLASSES.
Canned goods to be labelled.
Marking of canned soaked goods
and molasses.
False stamping, etc., of cans, etc.,
and wrongful use of word "ko-
sher", etc., penahzed. Enforce-
ment of section regulated.
ICE.
Sale of ice at retail regulated.
Penalty.
Failure to provide scales, furnish
price lists, etc., penalized.
Failure to post prices on vehicles,
etc., penahzed.
Impure ice.
Enforcement of orders of depart-
ment of public health.
Appeal from such order.
163.
164.
165.
166.
167.
168.
169.
170.
171.
VINEGAR.
Definition of vinegar. When
deemed adulterated.
Methods of examination regulated.
Cider vinegar, compound \'inegar,
etc. Containers to be marked.
Penalty. Exception.
Collection of samples of vinegar,
etc., for analysis.
Examination of samples, etc.
Penalty for possession of imitation,
etc., seal.
Enforcement of penalties.
Penalty for manufacturing, selling,
etc., deleterious vinegar.
Penalty for selling, etc., adulterated
vinegar.
CERTAIN STANDARDS.
172. Barrel and hogshead.
173. [Repealed.)
Chap. 94.]
INSPECTION AND SALE OF FOOD, ETC.
1079
Sect.
174. Cental.
175. Barrel of flour.
SALES BY WEIGHT.
176. Definition of "weight". Penalty.
177. Penalty for giving false weight or
measure.
178. Rules for weighing. Who are pub-
lie weighers.
179. [Repealed.]
180. Certain courts to have jurisdiction
over prosecutions concerning false
weights and measures.
MARKING OF PACKAGES CONTAINING FOOD.
181. Net quantity contained in food pack-
ages to be marked thereon.
182. Tolerances and exemptions.
183. Penalty.
184. Hearing before prosecution. Prose-
cution of guarantor.
184A. Marking of packages, etc., of food
or medicine containing certain
drugs. Penalty. Exceptions.
ADULTERATION AND MISBRANDING OF FOOD
AND DRUGS.
185. [Repealed.]
185A. Certain sections not applicable to
ice cream.
186. Adulteration of drugs and food de-
fined.
187. "Misbranded". Term defined when
applied to drugs and food. When
not to be deemed adulterated, etc.
188. Collection of samples of food, etc.
189. Examination of samples, by whom
made, etc. Complaints.
190. Penalty on manufacturer, etc.
191. Penalty for deliver>', etc., of adul-
terated, etc., food or drugs.
192. Rules and regulations to be adopted,
etc.
193. Prosecutions in certain cases for-
bidden. Guaranty for protection.
Rules and regulations.
194. Dealer establishing guaranty may
be prosecuted, when.
194A. Certain facts as defenses to prose-
cutions for sale, etc., of adulter-
ated shellfish.
195. Construction of §§ 186-195.
196. Prosecutions as to drugs limited.
SALE AND DISTRIBUTION OF NARCOTIC
DRUGS.
Definitions.
Sale and distribution of certain nar-
cotic drugs regulated.
Veterinarians, etc., to prescribe only
in certain cases.
Physician may personally admin-
ister narcotic drug, when.
197.
198.
199.
200,
Sect.
201. Sales to certain persons and institu-
tions regulated.
202. Duplicate orders to be preserved,
etc.
203. False representations deemed vio-
lations.
204. Possession of federal certificate to
be evidence of intent.
205. Common carriers and certain offi-
cials, etc., exempt.
206. Cannabis indica and cannabis sa-
tiva.
207. Liability of manufacturer, etc., lim-
ited.
208. Physicians, dentists, etc., prohibited
from certain advertising.
209. Possession of certain instruments
regulated. Record of sales to be
kept. Penalty.
209A. Permits by physicians for posses-
sion of such instruments.
210. Buildings, etc., illegally used deemed
common nuisances. Penalty.
211. Penalty for unlawful possession of
narcotic drugs.
212. Penalty for illegal sale, etc., of nar-
cotic drugs.
213. General pen.alty.
214. Issue of search warrants. Penalty
for being present, etc.
215. Articles seized to be forfeited.
216. Manufacture of certain preparations
forbidden.
217. Prosecution for certain violations
regulated.
GRAIN AND MEAL.
218.
[Repealed.]
219.
Weighers of grain.
220.
[Repealed.]
221.
Fees of weighers.
222.
Certificate of sale by cental
Penalty.
223.
[Repealed.]
224.
Penalty for false weights or collu-
COMMERCIAL FEEDING STUFF.
225. Tag or label affixed to commercial
feeding stuff. Form and contents.
226. Tag, etc., to be affixed to package,
etc.
227. Copy of tag, etc., to be filed with
the director.
228. Certified copy of tag, etc., to be filed.
229. Tag, etc., to be registered. Dispo-
sition of fees.
230. Misleading name, brand, tag, etc.,
prohibited.
231. Analysis, etc.
232. Results of analysis, publication of.
Free analysis, when.
233. Samples for analysis, how taken,
etc.
1080
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Sect.
234.
235.
Penalty for certain sales, etc., and
for hindering, etc., director, etc.
Enforcement of rules and regula-
tions.
HAY.
236. Weighers of hay.
TIMOTHY OR HERDSGRASS SEED.
237. Sale of timothy, etc., seed regu-
lated. Penalty.
COAL, COKE, CHARCOAL AND KINDLING
WOOD.
238. Weighers of coal.
239. [Repealed.]
239A. Standard sizes for anthracite coal,
establishment, etc.
240. Coal, charcoal and coke sold by
weight, when.
241. Sale of coal, coke and charcoal in
bags, sacks and baskets regulated.
242. Baskets, etc., used in selling coke,
etc., regulated.
243. Paper bags, etc., used in sale of
coke, etc., regulated. Penalty.
244. Certificate of weight, etc.
245. Sealer may direct goods to be
weighed.
246. Record of weights and measures to
be kept.
247. Edgings and kindling wood, sale of.
248. Penalty for certain offences.
249. Penalty for having illegal coal, etc.,
measures.
249A. Inspection of coal regulated. Anal-
ysis. Condemnation, etc.
249B. Hindrance of or interference with
officials penalized.
249C. Sale, etc., of condemned coal penal-
ized.
249D. Sale, etc., of unfit coal penaUzed.
249E. Placing, etc., foreign substances
with coal in receptacles penalized.
249F. Enforcement of five preceding sec-
tions regulated.
COMMERCIAL FERTILIZERS.
250. Sale of commercial fertilizers regu-
lated. Label, form and contents.
251. Label to be affixed, when.
252. Certain provisions of label recog-
nized as guaranteed analy.sis.
253. Sale of certain commercial fertilizers
forbidden.
254. Sale of commercial fertilizers regu-
lated. Fees, etc.
255. Same subject. Statement, permit,
fee.
256. Certificate of filing of laliel, etc.
Issue, revocation, etc. Penalty
for sale, etc., if certificate not
issued, etc.
Contents, if certain
Contents, if other
Contents, if vege-
Contents, if seeds
Sect.
257. Annual analysis. Publication of re-
ports, etc. Free analysis.
258. Taking of samples for analysis regu-
lated.
259. Disposition of fees, etc.
200. Rules and regulations. Complaints.
261. Penalty for hindering, etc., director,
etc.
AGRICULTURAL SEEDS.
201A. Tag or label affi.xed to container.
Contents, if lot ten pounds or
over.
261B. Same subject.
mixtures.
201C. Same subject.
mixtures.
261 D. Same subject.
table seeds.
261E. Same subject.
"not tested".
261F. Seeds, when exempt from §§ 261.\-
261L.
261G. Enforcement of said sections and
prosecution of violations thereof
regulated.
261H. Access to stores, etc. Taking of
samples for analysis, etc.
2011. Analyses and tests. Pubhcation of
results.
26U. Definition of "approximate" by
commissioner of agriculture au-
thorized.
261 K. Submission of seeds for test and
analysis. Fee; disposition.
261L. Penalty.
LIME AND LIME CASKS.
262. Inspectors of lime.
263. Casks of lime, how branded.
264. Fees of inspectors.
265. Quality of Hme and casks.
266. Penalty for sale, etc., of certain lime.
267. Penalty for shifting contents of
casks.
268. Forfeiture of casks.
MARBLE, SOAPSTONE AND FREESTONE.
269. [Repealed.]
M.^TTKESSES, ETC.
Manufacture, sale, etc., of articles
of bedding or upholstered furni-
ture, and remaking, etc., of mat-
tresses, regulated. Tags, quality,
form and contents.
Use of certain niiiterial prohibited.
Sale, etc., of second hand hair, etc.,
regulated. Penalty.
Investigation, etc., by department
of public health. Certain articles
to be marked "unclean". Pen-
alty for interference.
270.
271.
272.
273.
CuAP. 94.]
INSPECTION AND SALE OF FOOD, ETC.
1081
Sect.
274. Posting of notices, etc. Penalty for
removal.
275. Police, etc., to notify department,
etc., when.
276. Penalty for removal, etc., of marking
or tag, etc.
277. Penalty for violation of §§ 270 and
271.
NAILS.
278. Nails and brads, how to be made and
packed.
279. Casks, how to be branded.
280. . Penalty for selling, etc., casks, etc.,
of nails, etc., not branded.
281. Penalty for counterfeiting brand,
etc.
282. Disposition of forfeitures.
SLOT MACHINES, ETC.
283. Slot maciiines and other automatic
devices, use regulated.
284. Penalty.
285. Sewing thread to be labelled.
286. Penalty for neglect to affix label.
287. Penalty for selling thread falsely
labelled.
288. Certain bobbins exempted.
TURPENTINE, PAINTS AND LINSEED OIL.
289. Manufacture and .sale of turpentine
regulated. Penalty.
290. Enforcement of preceding section.
291. Sale of paint and linseed oil regu-
lated.
Sect.
292. Possession of incorrectly labelled,
etc., paint, etc.
293. Certain duties of police. Inspectors,
etc.
294. Penalty for interference, etc., with
inspector, etc.
295. Penalty for unlawful sale, etc., of
paint, etc.
WOOD AND BAI5K.
296. Measurers of wood and bark.
297. Measurers may act in adjoining
town.
298. Cord wood, dimensions. Standard
unit defined.
299. Certificate or memorandum. Con-
tents. Penalty.
300. Fees of measurers.
301. Measurement of water borne wood.
302. Tickets showing quantity in load.
Certain sections not to apply.
303. Inspection and sale of bark, slabs,
etc.
GENERAL PROVISIONS AND PENALTIES.
304. Vendor to furnish sample for analy-
sis, when. Penalty.
305. Penalty for fraud in packing certain
commodities.
305A. General penalty for improper man-
ufacture, etc., of food. Excep-
tions. "Food" defined.
305B. Medical examination of persons en-
gaged in handling food. Employ-
ment of certain persons penalized.
" Food'* defined.
306. General penalty relative to branding
or marking articles.
DEFINITIONS.
1 Section 1. The following; words as used in this chapter, unless the Definitions.
, . . 1 11 1 .Li f 11 ■ • 270 Mass. 238.
2 context otherwise requires, shall have the toUowmg meanings:
[Note : — The following definitions are not entirely in alphabetical order.]
3 "Agricultural lime", in sections two hundred and fifty to two hundred isii, ass, § ii.
4 and iifty-four, inclusive, and two hundred and fifty-six to two hundred
5 and sixty-one, inclusi\e, includes all the various forms of lime intended
6 or sold for fertilizing purposes.
7 "Article of food", in sections sixty-six to seventy-three, inclusive, 1912, 6.52, §i.
8 includes fresh meat, fresh meat products except in process of manufacture, ^°*'^' ^*^'
9 fresh food fish, poultry, eggs and butter.
10 "Available phosphoric acid", in sections two hundred and fifty to two 's^'^^j^s,
11 hundred and fifty-four, inclusi\e, and two hundred and fifty-six to two
12 hundred and sixty-one, inclusive, the sum of the soluble and reverted
13 phosphoric acid; except that, as applied to basic phosphatic slag, it shall
14 mean that part of the phosphoric acid made soluble by the Wagner
15 method, so called, until such time as the Association of Official Agricul-
16 tural Chemists of North America adopts a method of analysis for basic
1912,527, I 1.
1925, 117.
1082 INSPECTION AND SALE OF FOOD, ETC. [ChAP. 94.
phosphatic slag, after which it shall mean that part of the phosphoric acid 17
made soluble by the method of said association. 18
1920,418, § 1. "Bakery", in sections two to eight, inclusive, a building or part of a 19
building wherein is carried on the production, preparation, packing, stor- 20
ing, display or sale of bread, cake, pies or other bakery products, includ- 21
ing any separate room used for the convenience or accommodation of 22
workers. 23
1911, 388, 1 11. " Brand ", in sections two hundred and twenty-five to two hundred and 24
thirty-five, inclusive, two hundred and fifty to two hundred and fifty- 25
four, inclusive, and two hundred and fifty-six to two hundred and sLxty- 26
one, inclusive, any commercial feeding stuff or cattle feed, and any 27
commercial fertilizer, respectively, distinctive by reason of name, trade 28
mark or guaranteed analysis, or by any method of marking. • 29
i8|i.|92.§5. "Butter" and "cheese", products usually known by these names 30
R.L. 56, §35. which are manufactured exclusively from milk or cream with salt and 31
rennet and with or without coloring matter. Butter shall contain not 32
less than eighty per cent by weight of milk fat. Butter containing less 33
than eighty per cent by weight of milk fat shall be deemed to be adulter- 34
ated within the meaning of sections one hundred and eighty-six to one 35
hundred and ninety-five, inclusive. 36
1912,527, § 1. "Cattle feed", in sections two hundred and twenty-five to two hun- 37
dred and thirty-five, inclusive, includes all materials used for feeding 38
live stock and poultry. 39
"Cheese", see "butter". 40
1915, 261, § 16. "Closed package", in sections one hundred to one hundred and seven, 41
inclusive, one hundred and nine, one hundred and ten, one hundred 42
and twelve and one hundred and thirteen, a barrel, box or other con- 43
tainer, the contents whereof cannot be sufficiently inspected without 44
opening it. 45
1912,652, §1. "Cold storage", in sections sixty-six to seventy-three, inclusive, and 46
ninety -two, the storage of articles of food at or below a temperature of 47
forty-five degrees Fahrenheit for a period of thirty days or more. 48
1912,652,5 1. "Cold storage or refrigerating warehouse", in sections si.xty-six to 49
seventy-three, inclusive, and ninety-two, an establishment employing 50
refrigerating machinery or ice for the purpose of refrigeration, or a place 51
otherwise artificially cooled, where articles of food are stored for thirty 52
days or more at or below a temperature of forty-five degrees Fahrenheit. 53
1903,^122. "Commercial feeding stuft'", in sections two hundred and twenty-five 54
1912, 527, to two hundred and thirty-five, inclusive, includes all feeding stuft" used 55
for feeding live stock and poultry and containing not more than sixty 56
per cent of water, except whole seeds or grains, and also unmixed meals 57
made directly from the entire grains of corn, wheat, rye, barley, oats, 58
buckwheat, flaxseed, kafir, and milo, whole hays, whole straws, unground 59
cotton seed hulls and unground corn stover when unmixed with other 60
materials. 61
1911,388,5 11. "Commercial fertilizer", in sections two hundred and fifty to two 62
hundred and fifty-four, inclusive, and two hundred and fifty-six to two 63
hundred and sixty-one, inclusive, dried or partly dried manure, pul- 64
verized or ground, and each natural or artificial manure containing nitro- 65
gen, phosphoric acid, potash or lime, except the excrements and litter 66
from domestic animals when sold in its natural state. 67
1912' 527' \ V' " ^OP.^' "' "^ sections two hundred and twenty-five to two hundred and 68
thirty-five, inclusive, and sections two hundred and fifty to two hundred 69
Chap. 94.] inspection and sale of food, etc. 1083
70 and fifty-four, inclusive, and two hundred and fifty-six to two hundred
71 and sixty-one, inclusive, any certified copy.
72 "Crude protein", in sections two hundred and twenty-five to two 1912,527.11.
7.i hundred and thirty-five, inclusive, the percentaoe of nitrogen multiplied
74 by the factor six and twenty-five one hundredths.
75 "Director", in sections twenty-five to thirty-one, inclusive, two hun-
7G dred and twenty-se\en to two hundred and thirty-five, inclusi\-e, and
77 two hundred and fifty-four to two hundred and sixty-one, inclusive,
78 director of the Massachusetts agricultural experiment station.
79 "Drug", in sections one hundred and eighty-six to one hundred and ^Ise! m' ^^'
80 ninety-six, inclusive, includes all medicines and preparations recognized fgiy^osSVo
81 in the United States pharmacopoeia or national formulary for internal 12. ' '
82 or external use, and any substance or mixture of substances intended to
83 be used for the cure, mitigation or prevention of disease of man or animal.
84 "Feeding stuff", in sections two hundred and twenty-five to two hun- i903,i22.§52,3.
85 dred and thirty-five, inclusive, commercial feeding stuff". 15."" "'"''
86 "Fertilizer", in sections two hundred and fifty to two hundred and lan.sss. § n-
87 fifty-four, inclusi\-e, and two hundred and fifty-sLx to two hundred and
88 sixty-one, inclusive, commercial fertilizer.
89 "Food", in sections one hundred and fifty-four to one hundred and Jlgg;???;^^'
90 fifty-six, inclusive, one hundred and eighty-one, and one hundred and ^^Jj ||*'Jj7
91 eighty-six to one hundred and ninety-six, inclusive, includes all articles, i9i|. 6S3. § 3
92 whether simple, mixed or compound, used for food or drink, confectionery 12. ' '
93 or condiment, by man or animal.
94 " Heated milk ", milk which has been subjected to artificial heat greater i90S, 570, § 1.
95 than one hundred and sixty-seven degrees Fahrenheit.
96 " Importer", in sections two hundred and twenty-five to two hundred }^°^; JI5; | \\
97 and thirty-five, inclusive, and in sections two hundred and fifty to two jsi^, 527, §§ 1,
98 hundred and fifty-four, inclusive, and two hundred and fifty-sLx to two
99 hundred and sixty-one, inclusive, a person procuring for sale or distribu-
100 tion in the commonwealth commercial feeding stuff or cattle feed, and
101 commercial fertilizers, respectively, from another state or country.
102 "Label", in sections two hundred and twenty-five to two hundred l9}2; 527! 1 1.^'
103 and thirty-five, inclusi\e, a printed label required by section two hun-
104 dred and twenty-five, and in sections two hundred and fifty to two hun-
105 dred and fifty-four, inclusive, and two hundred and fifty-six to two
106 hundred and sixty-one, inclusive, a printed label required by section two
107 hundred and fifty.
108 "Lime", in sections two hundred and fifty to two hundred and fifty- 1911, 388. § 11.
109 four, inclusive, and two hundred and fifty-six to two hundred and sixty-
110 one, inclusive, calcium oxide (CaO).
111 "Magnesia", in sections two hundred and fifty to two hundred and isH'^ss, § 11.
112 fifty-four, inclusive, and two hundred and fifty-sLx to two hundred and
113 SLxty-one, inclusive, magnesium oxide (]\IgO).
114 "Oleomargarine" includes butterine, imitation butter and any article, e. l. 56, 5 35.
115 substance or compound made in imitation or semblance of or as a sub-
116 stitute for butter and not made exclusively and wholly of milk or cream,
117 or containing any fats, oils or grease not produced from milk or cream.
118 "Package", in sections two hundred and twenty-five to two hundred }9}2;5l7,' fi?"
119 and thirty-five, inclusive, two hundred and fifty to two hundred and
120 fifty-four, inclusive, and two hundred and fifty-six to two hundred and
121 sixty-one, inclusive, includes sack, bag, tin, box, jar, and any similar
122 receptacle.
1084 INSPECTION AND SALE OF FOOD, ETC. [ChAP. 94.
1908. 531, § 2. " Paint ", in sections two hundred and ninety-one to two hundred and 123
ninety-five, inclusive, includes white lead, oxide or zinc, and red lead, 124
dry or in any kind of oil, and any compound intended for the same use, 12o
colors ground in oil, paste or semi-paste paint, and liquid or mixed paint 126
ready for use. 127
1917, 259, §1. "Pasteurized milk", natural cow's milk not more than seventy-two 12n
hours old, when pasteurized, subjected for a period of not less than thirty 129
minutes to a temperature of not less than one hundred and forty, nor more 1.30
than one hundred and forty-f]\-e, degrees Fahrenheit, and immediately 131
thereafter cooled to a temperature of fifty degrees Fahrenheit or lower. 132
1911,388, § 11. "Phosphoric acid", in sections two hundred and fifty to two hundred 1.33
and fifty-four, inclusive, and two hundred and fifty-six to two hundred 134
and sixty-one, inclusive, phosphoric anhydrid (P2O5). 13.')
1911. 388, § 11. " Potash", in sections two hundred and fifty to two hundred and fifty- 13(1
four, inclusive, and two hundred and fifty-sLx to two hundred and sixt}'- 137
one, inclusive, potassium oxide (KoO)- l-'*^
1914, G34, §1. "Sausage" or "sausage meat", in sections one hundred and forty- 1.39
two to one hundred and forty-five, inclusive, a comminuted meat from 140
neat cattle, swine or veal, or a mixture of such meats, either fresh, salted, 141
pickled or smoked, with or without added salt, spices, cereal and the 14:.!
like, and with or without the addition of edible animal fats, blood and 14.'i
sugar, or subsequent smoking. 144
1912,527, 1 1. "Tag", in sections two hundred and twenty-five to two hundred and 145
thirty-five, inclusive, a printed tag required by section two hundred and 14(i
twenty-five. _ 1-1'
1927,274, § 1. "Agricultural seeds" or "agricultural seed", in sections two hundred 148
and sixty-one A to two hundred and sixty-one L, inclusive, the seeds of 149
Canada Blue grass, Kentucky Blue grass, Brome grass, fescues, millets, 150
tall meadow oat grass, orchard grass, red top, Bent grasses, Italian rye- 151
grass, perennial rye-grass, sorghum, Sudan grass, timothy, alfalfa, 152
alsike clover, red clover, white clover, Canada field peas, cowpeas, soy- 1.53
beans, vetches, and other grasses and forage plants, buckwheat, flax, 1.54
rape, barley, field corn, oats, rye, wheat, and other cereals, mangels, 155
onions and vegetables which are sold, offered or exposed for sale within 156
this commonwealth for use for seeding purposes therein. 157
1927, 274, §1. "Noxious wccd seeds", in sections two hundred and sixty-one A to 15S
two hundred and sixty-one L, inclusive, the seeds of quack grass (Agro- 159
pyron Repens), Canada thistle (Cirsium Arvense), dodder species 16(1
(Cuscuta Spp.) and wild mustard (Brassica Arvensis). 161
1927,274, § 1. "Weed seeds", in sections two hundred and sixty-one A to two hun- 162
dred and sixty-one L, inclusive, all seeds other than agricultural seeds 163
as defined in this section. 164
1927, 274, § 1. "Inert matter", in sections two hundred and sixty-one A to two hun- 165
dred and sixty-one L, inclusive, all foreign matter other than seeds. 166
1927,274. § 1. "Lot", in sections two hundred and sixty-one A to two hundred and 167
sixty-one L, inclusive, contents of any container, open or sealed, from 16N
which or in which agricultural seeds are sold, offered or exposed for sale. 169
1928, 307, §1. "Article of bedding", in .sections two hundred and seventy to two 170
hundred and seventy-three, inclusive, any mattress, upholstered spring, 171
pillow, comforter, cushion, muff' bed, quilt, or similar article designed for 172
use of persons when sleeping. 1 ' 3
1928, 307, §1. "New", in sections two hundred and seventy and two hundred and 174
seventy-two, any material which has not been used as a ])art or portion 175
of another manufactured article or used for any other purpose. 17()
ClIAl'. 94.] INSPECTION AND SALE OF FOOD, ETC. 1085
177 "Previously used", "previously been used" or "been used before", 1928,307.51-
178 when used with respect to material in sections two hundred and seventy
179 and two hundred and seventy-two, any material which has been used as
180 a part or portion of another manufactured article or used for any other
181 purpose.
182 "Article of upholstered furniture", in sections two hundred and '^-*' ^°^' ^ ^
183 seventy to two hundred and seventy-three, inclusive, chairs, sofas, and
184 all furniture in which upholstery or so-called filling or stuffing is used
185 whether attached or not.
[For additional definitions see §§ 64. 64A. 74. 90. 131. Ifi3. 170. 186. 187, 197, 261J, 305A. 305B.1
BAKERIES AND BAKERY PRODUCTS.
1 Section 2. The floors, walls and ceilings of each bakery, the equip- Floors, etc., to
2 ment used in the handling or preparation of bakery products or the in- er9.'%seo'f"'
3 gredients thereof, and the wagons, boxes, baskets and other receptacles basKfetc.
4 in which such products are transported, shall at all times be kept by the Jllo'Tit;
5 owner or operator of the bakery or by the distributor of such products §§8. lO-
6 in a clean and sanitary condition and free from dirt and dust, flies, insects lP™aity, § lo.i
7 and other contaminating matter. All show cases, shelves and other
8 places where bakery products are sold shall at all times be kept by the
0 dealer well covered, properly ventilated, adecjuately protected from dirt
10 and dust, flies, insects and other contaminating matter, and in a sweet,
11 clean and sanitary condition. Shipping baskets and other containers for
12 transporting bakery products shall be kept clean and, whenever the
13 property of a distributor or dealer, shall not be used for the shipment of
14 other products to any person or concern.
1 Section 3. All bakery products and ingredients thereof shall be storage, etc..
2 stored, handled, transported and kept so as to protect them from spoilage, pro'duc'S! etc..
3 contamination, disease and unwholesomeness. Boxes and other perma- ^llaTil
4 nent receptacles or containers for the storing, receiving or handling of ^* i'' ^^■
5 bakery products shall be so placed and constructed as to be beyond the lP'='"'"y' § lO-l
6 reach of contamination from streets, alleys and sidewalks and from
7 animals, and shall be kept clean and sanitary by the dealer. No other
8 articles shall be placed therein in addition to said products. No person
9 shall tamper with, injure or contaminate said boxes, receptacles or con-
10 tainers, nor shall any person other than the baker or dealer or his em-
11 ployees remove anything therefrom or place anything therein.
1 Section 4. There shall not be used in bakery products or in the in- Preparation
2 gredients thereof any ingredient or material, including water, which is "todS etc.,
3 spoiled or contaminated or which may render the product unwholesome, fg^^all; § i.
4 unfit for food or injurious to health, nor shall there be used in any bakery Iffj.^'sSs.
5 product any ingredient likely to deceive the consumer or which lessens 240 Mass. 434.
6 the nutritive value of such product unless the product is plainly so [Penalty, § 10.1
7 labelled, branded or tagged, or has thereon a sign making plain to the
8 purchaser or consumer the actual ingredients thereof; provided, that in
9 the case of unwrapped bread to be sold by the loaf such labelling, brand-
10 ing or tagging shall be placed upon the label required under section eight,
11 showing "the name of the manufacturer and the net weight of the loaf.
12 Said ingredients and the sale and offering for sale of said products shall
13 otherwise comply with sections one hundred and eighty-six to one hun-
14 dred and ninety-five, inclusive.
1086
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Return, etc.,
of bakery
products regu-
lated. Certain
exemptions.
1920, 418, § 14.
[Penalty, § 10.]
Section 5. Except as provided in section six, no bakery products 1
shall be returned from any consumer or other purchaser to the dealer 2
or baker, nor from any dealer to the baker, nor shall any dealer or baker 3
directly or indirectly accept any returns from or make any exchange of 4
bakery products with any person. Ail such products shall be kept mov- 5
ing to the consumer without unreasonable delay and without any prac- 6
tice whatsoever which may disseminate contagion or disease among or 7
inflict fraud upon consumers, or disseminate "rope", so called, or other 8
infection in bakeries, or cause waste in the food supply; provided, that 9
this section, except in so far as may be necessary to prevent such waste, 10
shall not apply to crackers or other bakery products which are packed at 1 1
the place of production in cartons, cans, boxes or similar permanent con- 12
tainers, except paper or parchment wrappers used in wrapping loaves 13
of bread, and which are so packed and sealed at such place as fully to 14
insure the freshness and wholesomeness of such products and to protect 15
them from contamination, adulteration and deterioration in the course 16
of trade, and which remain in the original unbroken package as packed. 17
Establishment
and enforce-
ment of rules,
etc., relative
to exemptions,
standards, etc.
1920, 418,
§§2, 15.
[Penalty, § 10.]
Section 6. The department of public health may, by rule, estab- 1
lish such exemptions as may be necessary to facilitate the sale of any 2
accumulated or unsold stocks of wholesome bakery products, and in 3
other cases consistent with sections two to six, inclusive, and section 4
forty-two of chapter one himdred and eleven. The standards and re- 5
quirements prescribed by sections two to six, inclusive, shall conform 6
to rules and regulations adopted by the department of public health, and 7
said sections and rules and regulations shall be enforced by said depart- 8
ment and by local boards of health acting under the supervision of said 9
department. 10
Weight of
loaves.
C. L. 8.
1696, 9.
1720-21, 2.
1800, 76. § 1.
1859, 174,
§§3,4.
G. S. 49, § 5.
P. S. 60,
§§3,5.
R. L. 57,
§§3,5.
1920, 418,
§§16, 23.
1922, 180, § 1.
152 Mass. 522.
262 Mass. 516.
[Penalty, § 10]
Section 7. Except as provided in the following section, bread shall
not be manufactured for sale, sold, or ofl'ered or exposed for sale otherwise
than by weight, and shall be manufactured for sale, sold, or offered or
exposed for sale only in units of one pound, one and one half pounds, or
multiples of one pound. When multiple loaves are baked, each unit of
the loaf shall conform to the weight required by this section. The weights
herein specified shall mean net weights not more than twelve hours after
baking, or not more than twelve hours after the sale and delivery of such
loaves by the manufacturer or by his servant or agent. Such weights
shall be determined by the average weight of not less than six loaves;
provided, that such average weights shall be determined by the weight
of at least twelve loaves whenever such number of loaves is available at
the time and place of such weighing; and provided further, that bread
found upon any premises occupied for the manufacture of bread for sale, 14
or any bread found in the wagons, trucks, baskets, boxes, or other delivery 15
vehicles or receptacles owned or controlled by the manufacturer of such 16
bread, and being tran.sported or delivered for sale, shall for the purposes 17
of this section be deemed to have been baked within twelve hours unless IS
such bread is marked, designated or segregated as stale bread, under 19
regulations prescribed by the director of standards. 20
1
2
3
4
5
G
7
8
9
10
11
12
13
Special provi-
siouB as to
rolls, etc., and
certain bread.
Certain in-
formation to
be furnished
upon reciuest.
Section S. Unit weij^lits, as defined in the preceding section, shall 1
not apply to rolls or to fancy bread weighing less than four ounces, nor to 2
loaves bearing in plain position a plain statement of the weight of the loaf 3
and the name of the manufacturer thereof. Such information shall be 4
CU.\P. 94.] INSPECTION AND SALE OF FOOD, ETC. 1087
5 stated in case of wrapped bread, upon the wrapper of each loaf, and in the isso, 174,
6 case of unwrapped hread by means of a pan impression or otiier mechani- o. s. 49, 1 9.
7 cal means or upon a label not larger than one by one and three quarters r.'l.'37.§7.
8 inches nor smaller than one by one and one half inches. No label, at- {yj^; llf
9 tached to an unwrapped loaf, shall be larger than provided herein, nor jffg"!;
10 shall any such label be affixed in any manner or with any gum or paste jpi. ^^ ^ ^
11 which is unsanitary or unwholesome. When an inspection of bread is 262 Mass! 516.
12 made at any bakery Iiy the director or any inspector of standards or sealer [Penalty, § lo.]
13 of weights and measures, the manufacturer of such bread, or his servants
14 or agents, shall, upon request of the official making such inspection, inform
15 him whether such bread is manufactured for sale in any of the standard
16 unit weights prescribed by the preceding section and, if not so manu-
17 factured for sale in such standard unit weights, shall furnish such official
18 with samples of the labels or wrappers intended to be used on all such
19 loaves of other than standard unit weights.
tions,
; and
emeat.
1 Section 9. The director of standards shall prescribe such rules and ^gu'laUo'^
2 regulations as are necessary to enforce the two preceding sections, inchid- "'^f^l"^^
3 ing reasonable tolerances or variations within which all weights shall be seizures,
^ ••111 1 proc^cCixogs
4 kept; provided, that such tolerances or variations shall not exceed one prior to _
5 ounce per pound under the standard unit or marked weight. The said appeals.
6 director, and under his direction the local sealers of weights and measures, isu; ess,
7 shall cause this section to be enforced. They may seize without warrant 1920, lis,
8 any bread which they may deem necessary to be used as evidence of viola- fJgV'iso. § 3.
9 tion of law, giving a receipt therefor, and such bread shall be returned [penalty, § 10]
10 to the owner or forfeited as the court may direct. Before any prosecution
11 is begun under this section by any inspector of standards, the parties con-
12 cerned shall be notified and given an opportunity to be heard before the
13 director. Before any prosecution is begun under this section by any sealer
14 or deputy sealer of weights and measures, the parties concerned shall be
15 notified and given an opportunity to be heard before the sealer and shall
16 have the right of appeal to the director of standards; provided, that such
17 appeal is filed with said director in writing within five days from the
18 finding of the local sealer. When such appeal has been entered no prose-
19 cution shall be begun until the charges have been reviewed by said
20 director.
1 Section 10. Whoever violates any provision of sections two to nine, Penalty.
2 inclusive, or of any rule or regulation adopted thereunder, or whoever 1859! 174, § s.
3 fails or refuses to comply with any request for information made under ^870, 395.^ *'
4 authority of said sections, shall be punished by a fine of not more than r;l.®5°7,\®6.
5 one hundred dollars.
1908, 197. 1915, 258, § 2. 1922, 186, § 4.
1914, 653, § 6. 1920, 418, §§ 22, 23.
NON-ALCOHOLIC BEVERAGES.
1 Section lOA. Boards of health of cities and towns may annually Ma^nufaeture
2 grant permits to engage in the business of the manufacture or bottling nermits, fees.
3 of carbonated non-alcoholie beverages, soda waters, mineral or spring i92T,''303!^'
4 waters and may fix fees for said permits not to exceed ten dollars. The
5 provisions of this section and the following four sections shall not apply
6 to persons registered under sections thirty-seven to forty, inclusive, of
7 chapter one hundred and twelve.
1088
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Examination
of premises.
Revocation
of permits.
1921, 303.
Ingredients
regulated.
1921, 303.
Rules and
regulations.
1921, 303.
Penalties.
1921, 303.
Section lOB. The board of health shall, from time to time, examine
the premises of any person granted a permit under the preceding section,
and if such premises or the equipment used therein in connection with the
business of such person is found to be in an unsanitary condition, the
board may re\'oke such permit after a hearing, ten days' notice of which
shall be given such person.
Section IOC. All materials used in the manufacture of beverages
specified in section ten A shall be stored, handled, transported and kept
in such a manner as to protect them from spoilage, contamination and
unwholesomeness. No ingredient or material, including water, shall be
used in the manufacture or bottling of any such, beverage which is
spoiled or contaminated, or which may render the product unwholesome,
unfit for food, or injurious to health. Persons granted permits under
section ten A, shall comply with sections one hundred and eighty-six to
one hundred and ninety-six, inclusive.
Section lOD. The department of public health and local boards of
health may make rules and regulations to carry out the three preceding
sections.
Section lOE. Any person who engages in the business of the manu-
facture or bottling of carbonated non-alcoholic beverages, soda waters,
mineral or spring waters without the permit provided for in section
ten A or who violates any provision of sections ten A to ten D, inclu-
sive, or of any rule or regulation made thereunder, shall be punished for a
first ofl'ence by a fine of not more than one hundred dollars and for a
subsequent offence by a fine of not more than five hundred dollars.
1
2
3
4
5
6
1
2
3
4
5
6
t
8
9
3
1
2
3
4
5
6
7
Labelling of
baking powder
regulated.
Penalty.
1902, 540.
BAKING POWDER.
Section 11. Whoever manufactures for sale or offers or exposes for 1
sale or sells any baking powder or mixture or compound intended for use 2
as a baking powder under any name or title whatsoever shall securely 3
affix or cause to be securely affixed to the outside of each box, can or pack- 4
age containing such baking powder or like mixture or compound, a label, 5
distinctly printed in brevier gothic capital letters in the Engli.sh language, 6
containing the name and residence of the manufacturer and the ingredi- 7
ents of the baking powder, mixture or compound. Whoever violates any 8
provision of this section shall be punished by a fine of not less than ten 9
dollars nor more than one hundred dollars. 10
standard for
cream, milk and
skimmed milk.
1880, 209, § 7.
P. S. 57, § 9.
1885, 352,
S§ 6. 8.
ISSC, 318, § 2.
1R9«, 398, § 2.
1899, 223.
U. L. 50,
§§ .55, .56.
1907, 216.
1908, (143.
1917. 189.
1929, 207, 5 1.
132 Mass. 11.
139.Mass. 193.
MILK AND CRE.\M.
Section 12. The Massachusetts legal standard for milk shall be 1
milk which upon analysis is shown to contain not less than twelve per 2
cent of milk solids and not less than three and thirty-five hundredths per 3
cent of milk fat. The Massachusetts legal standard for skimmed milk 4
shall be skimmed milk containing not less than nine and three tenths 5
per cent of milk solids exclusive of milk fat. The Massachusetts legal 6
standard for cream or ungraded cream shall be cream which upon analysis 7
is shown to contain not less than sixteen per cent of milk fat. The 8
Massachusetts legal standard for the grades to be known as light cream, 9
medium cream, hea\y cream and extra heavy cream shall be cream 10
Chap. 94.] inspection and sale of food, etc. 1089
11 which upon analysis is shown to contain not less than sixteen, twenty- J^J^}*^^^,',^
12 five, thirty-four and thirty-eight per cent, respectively, of milk fat. isa ulm. hi.
205 Mass. 384. Op. A. G. (1920) 112.
1 Section 13. "Grade A, Massachusetts Milk" shall consist ^xclu- j^Crade^A,^^^^
2 sively of milk produced within the commonwealth from healthy cows MUk".
3 under cleanly and sanitary conditions, and so cooled and cared for that 1917' 256,
4 in its raw state the bacteria count shall not average more than one hun- ^^^ ^' ^'
5 dred thousand per cuhic centimeter, upon examination of five samples """ '^'
6 taken one each day, and each from a different lot of milk, on five consecu-
7 tive days. When sold, kept or offered for sale or exchange, such milk
8 shall be designated and marked by a label, cap or tag bearing the words
9 "Grade A, Massachusetts Milk" in plain, legible, bold-faced type. The
10 percentage of milk fat may also be stated upon said label, cap or tag,
11 but the amount of milk fat shall never be less than the standard fixed for
12 milk by the preceding section.
1 Section 14. The board of health of a town, upon application of a Sam^subject.
2 person desiring to sell or exchange milk therein as " Grade A, Massachu- for sale. Test.
3 setts Milk", shall test, as provided in the preceding section, the milk 191s; 170!
4 produced or to be sold or exchanged by such applicant, and if upon such
5 test the milk so produced or to be sold or exchanged by the applicant is
6 found to comply with the requirements of "Grade A, Massachusetts
7 Milk", such board shall issue without charge to the applicant a written
8 permit to keep for sale, exchange or delivery, or to sell, exchange or de-
9 liver in such town, milk graded, designated and labelled under the pre-
10 ceding section as "Grade A, Massachusetts Milk".
11 A permit so issued may be revoked at any time upon written notice to
12 the holder by the board issuing it, if milk offered by the holder for sale or
13 exchange as so graded does not comply with said section.
1 Section 14A. The department of public health, subject to the ap- ''9''^,'^« ^
2 proval of the governor and council, shall make rules and regulations standard,
3 and establish standards for the production, processing and sale of "Grade Jeguia^t'ions.
4 A Milk", including fat standards, bacterial standards and sanitary fgjj'aio, 5 1.
5 standards, and may from time to time amend such rules, regulations
6 and standards; provided, that such standards shall not fall below the
7 standard for milk now or hereafter prescribed by law. Said department
8 shall, before submitting such rules, regulations and standards to the
9 governor and council for approval, hold a public hearing thereon and
10 shall give notice of the time and place of such hearing by publication for
11 two successive weeks in a newspaper published in each county, the first
12 publication to be at least fourteen days prior to the date of the hearing.
13 Said department shall also publish its proposed rules, regulations and
14 standards in a newspaper published in each county, at least fourteen
15 days before submitting the same for the approval of the go\ernor and
16 council. Any person objecting to said rules, regulations and standards
17 may, within seven days after such publication, petition the governor
18 and council for a hearing before approval of the same, and the governor
19 and council shall hear the petitioner, after giving due notice to said
20 department of public health and to all parties appearing at the hearing
21 before the department whose attendance appears of record. Whoever
22 himself or by his servant or agent sells, exchanges or delivers or has in
23 his custody or possession with intent to sell, exchange or deliver any
1090
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
milk designated as "Grade A Milk" and not conforming to the rules, 24
regulations and standards made and established hereunder shall be 25
punished for the first offence by a fine of not more than fifty dollars and 26
for a subsequent offence within one year by a fine of not less than one 27
hundred dollars. 28
Permits for
sale of other
graded milk.
1917, 256, § 4.
1924, 310, § 2.
[Penalty, § 18.)
Section 15. If any grade or classification of milk other than "Grade 1
A, Massachusetts Milk" or "Grade A Milk" is established, permits for 2
the sale of such other milk shall be granted and may be revoked in ac- 3
cordance with section fourteen with respect to " Grade A, Massachusetts 4
Milk", but such permits shall not be granted until the milk to be sold 5
thereunder has been tested in such manner as the local board of health to 6
whom application for the permit is made shall determine. IMilk sold or 7
exchanged or kept or offered for sale or exchange under such a permit 8
shall be marked with a label, cap or tag, bearing in the English language 9
in plain, legible, bold-faced type, the name of the grade as it is determined 10
by such board. 11
^r^odSnof Section 16. _ _ _ _ , . .
milk subject to couditious uudcr which it is produced are subject to the mspection prO'
inspection. • , i i i
1910, 633, 1 3. vided by law.
No milk shall be sold in the commonwealth unless the 1
2
3
Formula for
extending
evaporated,
etc., milk to be
placed on
container.
1911, 610, § 1.
1912, 474, § 1.
Section 17. Each container of evaporated, concentrated or con- 1
densed milk, and of evaporated, concentrated or condensed skimmed 2
milk, sold or offered for sale or had by any person in possession or custody 3
with intent to sell shall have plainly printed thereon or attached thereto 4
on some firmly affixed tag or label, a formula in the English language for 5
extending such milk or skimmed milk with w'ater. The formula for the 6
extension of said evaporated, concentrated or condensed milk shall be 7
such that the resulting milk product shall not be below the Massachu- 8
setts standard of milk solids or fat for milk, and shall be in the following 9
form: "By adding parts of water to one part of the con- 10
tents of this can a resulting milk product will be obtained which will not 11
be below the legal standard for milk". The formula for the extension of 12
said evaporated, concentrated or condensed skimmed milk shall be such 13
that the resulting milk product shall not be below the Massachusetts 14
standard of milk solids for skimmed milk, and shall be in the following 15
form: "By adding parts of water to one part of the con- 16
tents of this can a resulting milk product will be obtained which will not 17
be below the legal standard for skimmed milk". 18
Combination
of certain fats
and oils with
milk, cream
or skimmed
milk penalized.
1923, 170.
1925, 120.
Section 17A. No person himself or by his servant or agent shall, 1
for the purposes of sale or exchange, add any fat or oil other than milk 2
fat to, or blend or compound the same with, any milk, cream or skimmed 3
milk, whether or not condensed, evaporated, concentrated, powdered, 4
dried or desiccated, so that the resulting product is in imitation or sem- 5
blance of milk, cream or skimmed milk whether or not condensed, evapo- 6
rated, concentrated, powdered, dried or desiccated, nor shall any person 7
himself or by his servant or agent sell, exchange or deliver, or have in 8
possession with intent to sell, exchange or deliver, or expose or offer for 9
sale or exchange, any milk, cream or skimmed milk in any of the aforesaid 10
forms to which has been so added or with which has been so blended or 1 1
compounded any fat or oil other than milk fat. Whoever violates any 12.
Chap. 94.] inspection and sale of food, etc. 1091
13 provision of this section shall be punished by the penalties prescribed by
14 section twenty-four.
1 Section 18. Whoever himself or by his agent sells, exposes for sale. Penalty for
fe ••■ fi '11 ■• i selling, Gtc-f
2 or has in his custody or possession with intent to sell, milk purporting to ceruin miik.
3 be of a grade established under section thirteen or provided for by sec- 5§5,'6.'' '
4 tion fifteen without having a permit so to do, or milk labelled as to its
5 fat content which upon analysis of three samples taken one each day, and
6 each from a different lot of milk, on three consecutive days, is found to
7 contain less milk fat than is stated upon the label, cap or tag, and who-
8 ever sells, exposes for sale or exchange, or delivers milk not wholly
9 produced in the commonwealth in containers bearing upon a label, cap,
10 tag, or otherwise, the words "Grade A, Massachusetts Milk", or other
11 words indicating that such milk was produced in the commonwealth,
12 and whoever in any manner represents that milk not wholly produced
13 therein was wholly produced therein, or is of the grade designated as
14 "Grade A. Massachusetts Milk", shall be punished for the first offence
15 by a fine of not more than fifty dollars, for the second offence by a fine
16 oi' not less than fifty nor more than one hundred dollars, and for a sub-
17 sequent offence by a fine of not less than one hundred nor more than
18 two hundred dollars.
1 Section 19. No person himself or by his servant or agent shall sell, f|l2'J*^t'g5f
2 exchange or deliver or have in his custody or possession with intent so ff^f^'^JJ'^"'-
3 to do, or expose or offer for sale or exchange, any adulterated milk or isse, 222.
4 milk to which water or any foreign substance has been added, or milk §§4,' 5.
5 produced from cows which have been fed on the refuse of distilleries, or fi^o, le'sf \^\.'
6 from sick or diseased cows, or, as pure milk, milk from which the cream J|^^; }^2; 1 1;
7 or a part thereof has been removed, and no person shall sell, exchange or }8|8. 263, § 1.
8 deliver or have in his custody or possession with intent so to do any ss^i^.'l^j'
9 skimmed milk not conforming to the Massachusetts standard, or any is72'. 319!
10 heated milk or skimmed milk not having the words "heated milk" or issaiog,
11 "skimmed milk", as the case may be, distinctly marked upon a light rI."!?, §§5-7.
12 ground in plain black uncondensed gothic letters at least one inch in Ify;!*"'
13 length in a conspicuous place upon each vessel, can or package from or isse, sis, 1 2.
14 in which such milk is or is intended to be sold, exchanged or delivered. i9oo: 300; § 1.
15 If such vessel, can or package is of the capacity of not more than two §5 55, 58.
16 quarts, said words may be placed upon a detachable label or tag attached §§ i,'2.
17 thereto and said letters may be less than one inch in length, but not ^o'aum^iot.
18 smaller than brevier gothic capital letters. Whoever violates any pro- io3^Ma"3^444.
19 vision of this section shall be punished for the first offence by a fine of not }07 Mass. 194.
20 less than fifty nor more than two hundred dollars, for the second offence 132 Mass. ir
21 by a fine of not less than one hundred nor more than three hundred dol- uo Massl 483.
22 lars, and for a subsequent offence by a fine of fifty dollars and by imprison- 143 ulll'. im'.
23 ment for not less than two nor more than three months. 144'Mass. 357.
24 Nothing in this section referring to heated milk shall be construed as yi/^giT' ^*'
25 applying to condensed milk or to milk which has been concentrated to J^ Mass. 9^^
26 one half its volume or less.
155 Mass. 442. 165 Mass. 38. 218 Mass. 24.
159 Mass. S. 205 Mass. 3S4. 221 Mass. 68.
160 Mass. 533. 209 Mass. 30, 38. Op. A. G. (1920) 112.
[Additional penalty, § 38.]
1 Section 20. Whoever himself or by his servant or agent sells, ex- saie, etc^.^of
2 changes or delivers, or has in his custody or possession with intent so to "Ldard"
1092
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
1880,
209,
5 4.
P. S.
57, 1 6.
1886,
.318,
§2.
1900,
300,
§2.
R. L
56,
§57.
1910,
641
§2.
184 Mass
207.
189 Mass
312.
Labelling of
cream
resulated
Sale,
etc.,
of
cream bel
ow
stand
ard.
Penalties.
1907
21tj
1929,
267
5 2.
do, milk not conforming to the Massachusetts standard shall be punished 3
for the first offence by a fine of not more than fifty dollars, for the second 4
offence by a fine of not less than one hundred nor more than two hundred 5
dollars, and for a subsequent offence by a fine of not more than two hun- 6
dred dollars or by imprisonment for not more than three months. 7
205 Mass. 384. 210 Mass. 109. 218 Mass. 24. 229 Mass. 14.
[Additional penalty, § 38.]
Section 21. No person, himself or by his agent, shall sell, expose for 1
sale, or have in his custody or possession with intent to sell, cream not 2
bearing, upon a label, cap or tag in legible bold-faced letters of not less 3
than twelve point plain gothic tj-pe, a statement of one of the following 4
designations conforming to the legal standard for the particular grade 5
or kind as set forth in section twelve : " Light Cream ", " Medium Cream ", 6
"Heavy Cream", "Extra Heavy Cream", "Ungraded Cream", or 7
"Cream" together with the percentage of milk fat contained therein 8
which shall be not less than sixteen per cent. Whoever, himself or by his 9
agent, sells, exposes for sale, or has in his custody or possession with intent 10
to sell, cream not bearing a designation as hereinbefore required, or cream 1 1
bearing such a designation and not conforming to the legal standard set 12
forth in said section twelve for the grade or kind so designated, shall for 13
the first offence be punished by a fine of not more than fifty dollars, for the 14
second offence by a fine of not less than fifty nor more than one hundred 1 ')
dollars, and for a subsequent offence by a fine of not less than one hun- 1(>
dred nor more than two hundred dollars. 17
Sale, etc., of
pasteurized
milk below
standard.
Penalty.
1917, 259,
§§2,3.
Sale, etc.. of
condensed milk
regulated.
PenaltV-
1896, 264.
R. L. 56, § 59.
209 Mass. 32.
[Additional
penalty, § 38.]
Sale of con-
densed, etc.,
milk not
labelled.
Penalty.
1911, 610, § 2.
Section 22. Whoever sells, exchanges, delivers, advertises, repre-
sents or describes, or offers or exposes for sale or has in his possession
with intent to sell as pasteurized milk, milk not pasteurized as defined in
section one, shall for the first offence be punished by a fine of not less
than ten dollars, and for a subsequent offence by a fine of not more than
one hundred dollars.
Section 23. Whoever sells, or offers for sale or exchange, condensed
milk or condensed skimmed milk in hermetically sealed cans without
having such cans distinctly labelled with the name of the manufacturer
of such milk, the brand under which it is made and the contents of the
can, and whoever sells condensed milk from cans or packages not her-
metically sealed without having such cans or packages branded or labelled
with the name of the manufacturer, shall be punished as provided in
section nineteen.
Section 24. Whoever himself or by his servant or agent sells, ex-
changes or delivers, or has in his custody or possession with intent so to
do, any container of evaporated, concentrated or condensed milk or
skimmed milk not marked or labelled in compliance with section seven-
teen, shall for the first offence be punished by a fine of not more than one
hundred dollars, for the second oft'ence by a fine of not less than one
hundred nor more than two hundred dollars, and for a subsequent offence
by a fine of five hundred dollars or by imprisonment for not less than
three nor more than six months.
1
2
3
4
5
6
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
8
9
Testing of
utensile for
determining
value of milk,
etc.
Section 25. No bottle, pipette or other measuring glass or utensil 1
shall be used by any inspector of milk, or by any person in any milk 2
inspection laboratory, in determining, by the Babcock or other centrif- 3
Chap. 94.] inspection and sale of food, etc. 1093
4 ugal machine, the composition of milk or cream for the purposes of in- '"oi'ioa.
5 spcction, or by any person in any place in determining, by the Babcock r. l. 56. § 65.
6 or other centrifugal machine, the composition or milk-fat content of §§i,'io. '
7 milk or cream as a basis for payment in buying or selling, until such ^222.^^^'
8 measuring glass or utensil has been tested for accuracy and verified by J^'^; |;
9 the director, or by his duly designated deputy. Each such bottle, pipette I'J^'j'. 279, § 1.
10 or other measuring glass or utensil shall be submitted to the said di- (P^aity, § 31.1
1 1 rector by the owner or user thereof, to be tested for accuracy, before the
12 same is used for such purposes. As a fee for making the test, the owner
1:3 or user shall pay to the said director a sum not exceeding five cents for
14 each bottle, pipette or other measuring glass or utensil tested. Each
15 measuring glass or utensil so tested and verified or found inaccurate shall
1() be marked accorilingly by the director or by his said deputy. No such
17 measuring glass or utensil so marked inaccurate shall be used in deter-
18 mining the composition or milk-fat content of milk or cream.
1 Section 26. Each Babcock or other centrifugal machine used by an inspection and
„ .,, , . -ii • ,• 1 I _L f J condemnation
2 mspector of milk or by a person in a milk inspection laboratory tor de- of testing
3 termining the composition of milk or cream for purposes of inspection, or rgoi.'Sol, § 3.
4 by a person in any place for determining the composition or milk-fat ^912; lis.^Ti,
5 content of milk or cream as a basis for payment in buying or selling, shall JOjg 379, 5 2.
6 be inspected at least once in each year by the director or by his inspector penluy, § 31.1
7 or deputy. The owner or user of any such centrifugal machine shall
8 pay to the director as a fee for making each such annual inspection the
9 actual cost thereof.
10 Each Babcock or other centrifugal machine used as aforesaid which,
11 in the opinion of the director, his inspector or deputy is not in condition
12 to give accurate results, may be condemned by him. No Babcock or
13 other centrifugal machine so condemned shall be used for determining
14 the composition or milk-fat content of milk or cream as aforesaid, unless
15 such machine is corrected to the satisfaction of the director, his inspector
16 or deputy, and approved by him.
1 Section 27. No inspector of milk and no person in a milk inspection Certificate for
2 laboratory shall manipulate the Babcock or other centrifugal machine coA^etc'!,
3 to determine the composition of milk or cream for purposes of inspection, fequiJel.
4 and no person in any place shall manipulate such a centrifugal machine f|oir202, § 4.
5 to determine the composition or milk-fat content of milk or cream as J^g^. 56j_ § 67.
6 a basis for payment in buying or selling, without first obtaining a cer- l^j^l'fj*-
7 tificate from the director or his duly designated deputy that he is compe- ioig, 301, 1 9.
8 tent to do such work. The fee therefor shall be two dollars, and shall (p^^^^y '531^
9 be paid to the director. If a holder of a certificate is notified by the
10 director, or by his duly designated deputy, to correct his use of such a
11 centrifugal machine, the actual co.st of an inspection to ascertain if such
12 person has corrected his use of the said machine shall be paid by him or
13 by his employer to the director.
1 Section 28. The director or his duly designated deputy may issue Certificates;
2 certificates of competency to persons desiring to manipulate the Babcock tCoa knd
3 or other centrifugal machine who in his opinion are competent. The 1901.202, §4.
4 director or his deputy may make and enforce rules governing applications f^^- ^^s^ ^''■
5 for such certificates and the granting thereof and may revoke the author- Ij'l'l'f^
6 ity of any holder of a certificate who, in the opinion of the director, his 1919,301, §9.
7 deputy or inspector, is not correctly manipulating a machine as aforesaid, [Penalty, §31.1
1094
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
or is using dirty or otherwise unsatisfactory glassware or utensils in con- 8
nection therewith. No holder of such certificate whose authority has been 9
so revoked shall thereafter manipulate any such machine for the purposes 10
mentioned in the preceding section. 11
Testing and
inspection of
measuring
devices.
1901, 202, § 5.
R. L. 56, § 68.
1912, 218, §§ 5,
10.
1929, 279, § 4.
[Penalty, § 31.)
Section 29. The director shall test or cause to be tested all bottles, 1
pipettes and other measuring glasses or utensils submitted to him under 2
section twenty-five, and shall inspect or cause to be inspected at least 3
once each year each Babcock or other centrifugal machine used by an 4
inspector of milk, or by a person in any milk inspection laboratory, for 5
purposes of inspection, or by any person in any place to determine the 6
composition or milk-fat content of milk or cream as a basis for payment 7
in buying or selling, and shall collect the fees or actual cost of tests and 8
inspections under this and the four preceding sections. The director, 9
his inspectors and deputies, may enter upon premises where tests of 10
milk or cream are made in order to inspect any apparatus used in making 11
such tests and to ascertain whether this and the four preceding sections 12
are complied with. 13
Section 29A. The director shall, after reasonable notice and a hear- 1
ing, and with the approval of the governor and council, prescribe, and 2
may from time to time in like manner modify or amend, rules and regula- 3
tions to govern the methods and frequency of making tests for determin- 4
ing the composition or milk-fat content of milk or cream as a basis for 5
[Penalty, §31.1 payment in buying or Selling. The director, his inspectors and deputies, 6
may enter upon premises wliere tests of milk or cream are made to deter- 7
mine whether rules and regulations made hereunder are being observed. 8
Milk-fat con-
tent of millt
or cream;
rules and
regulations
governing
tests for de-
termining.
1929, 279, § 5.
Director to
enforce certain
sections. Cer-
tain persons
not subject to
prosecution,
when.
1912, 218, § 7.
1929, 279, § 6.
[Penalty, §31.]
Section 30. The director shall enforce sections twenty-five to thirty-
one, inclusive, and the rules and regulations made thereunder, and may
prosecute or cause to be prosecuted any person violating any provision
of said sections or of said rules and regulations. Sections twenty-five to
thirty-one, inclusive, and the rules and regulations made thereunder,
shall not affect any person using any centrifugal or other machine or
test to determine the composition or milk-fat content of milk or cream
if such use or test is made for the information of such person only, and
not for purposes of inspection or as a basis for payment in buying or
selling.
1
2
3
4
5
6
7
8
9
10
Penalty tor in-
terfering with
director, etc.,
and for viola-
tion of
§§ 25-30, etc.
1901, 202, § 6.
R. L. 56, § 69.
1912, 218,
§§ 6. 10.
1929, 279, § 7.
Section 31. Whoever hinders or obstructs the director, his inspector
or deputy, in the discharge of any authority or duty imposed upon him
by any provision of sections twenty-five to thirty, inclusive, whoe\-er
violates any provision of said sections, and whoever knowingly violates
any provision of the rules and regulations made thereunder shall be
punished by a fine of not less than fifteen nor more than fifty dollars.
Milk stations.
1911,278.
Section 32. The board of health of a city, and of a town of ten thou-
sand or more inhabitants, when it deems it advisable for the public health,
may establish one or more stations for the distribution of milk, either
free of charge in cases of necessity, or at such charge and under such con-
ditions, rules and regulations as it establishes; but this section shall not
permit any such board to engage in a general milk business.
Chap. 94.] inspection and .sale of food, etc. 1095
1 Section 33. The board of health f)f a city shall, and the board of ^Xand coi-
2 health or the selectmen actin"; as such board of a town may, appoint one [,7;'"^! ;^'ifk'°'
3 or more inspectors of milk and one or more collectors of samples of milk, '|'^,-'' 206.
4 who shall have the powers, and perform the duties, conferred and im- o s' 19, § us.
5 posed by law upon such inspectors and collectors, who shall be under tiie §Vi.'2." '
6 control of, and whose compensation shall be fixed by, the board appoint- fg8^4,"io,V3^'
7 ing him or them; but no person whose business, in whole or in part, is the }*||. 352, § 4.
8 buying or selling of milk, or who is an officer, agent or employee of any R- 1- so^
9 person engaged in the sale thereof, shall be appointed as such inspector. IboS'IOI'
10 Each person so appointed shall be sworn before entering upon his official 1910, hi-. 457.
1 1 duties and each such inspector shall publish a notice of his appointment
12 for two successive weeks in a newspaper published in his town, if any;
13 otherwise he shall post such notice in two or more public places therein.
14 Such inspectors may be removed in cities in the manner provided in sec-
15 tions fcrty-three and forty-five of chapter thirty-one, and in towns at any
16 time, by the appointing board.
1 Section 34. Any board mentioned in the preceding section may Boards may
2 designate and employ any member of the board or any agent or employee ofTheir
3 thereof as a collector of samples of milk. ™^" ^
1909, 405, 5 2.
1 Section 35. Each inspector of milk shall enforce in his town the laws Certain
2 as to the milk supply, and shall make complaint for a violation of any SHn'spec'tors
3 provision of sections nineteen to twenty-eight, inclusive, thirty-three, !859™206,'°"'
4 thirty-eight to forty, inclusive, and forty-three, upon the information of ^^ g' 49, 5 149.
5 any person laying before him satisfactory evidence whereby to sustain }|^°; }§|; 1 1;
6 such complaint. He shall keep an office and shall record, in books kept js^s, 263, § 3.
7 for the purpose, the name and place of business of each person engaged p^^.'s?, §§2,
8 in the sale of milk within such town. Each inspector of milk or collector i884, 310,
9 of samples of milk may enter each place where milk is produced, stored 1885,352, 54.
10 or kept for sale and each vehicle used for its conveyance, and take there- §§ i.'3.
11 from samples for analysis. Upon request made when any sample is §§52,64.
12 taken, he shall seal and deliver to the owner or person from whose pos- \l\f i||; ^ ^■
13 session the milk is taken a portion of each sample, and a receipt therefor JJa'^Mal's"!!]
14 shall be given to him. Each inspector of milk shall cause each sample 1*1 m^^s^. 129,
15 to be analyzed or otherwise satisfactorily tested, and shall record and !« Mass. 172,
16 preserve as evidence the results thereof; but no evidence of the result 144 Mass. 132
17 of such analysis or test shall be received if such inspector or collector 157 Mass! 46o
18 refuses or neglects to seal and deliver, upon request as above provided, a
19 portion of such sample to the owner or person from whose possession it
20 is taken. This section shall not apply to milk in the course of interstate
21 commerce.
1 Section 36. An officer of the department of public health or of the officer, in-^
2 division of dairying and animal husbandry of the department of agri- to send' results
3 culture, an inspector of milk or collector of samples of milk, or other "wner.^^
4 officer of the commonwealth or of a city or town who obtains a sample r i[ 55, § es.
5 of milk for analysis shall, within ten days after obtaining the result of J^}|; gel; | \'.
6 the analysis, send it to the person from whom the sample was taken or j^^li^'l^'ge.
7 to the person responsible for the condition of such milk.
176 Mass. 292. 2 Op. A. G. 50.
216 Mass. 126.
(Penalty. § 39.]
1096
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Liability of
producer of
milk regulated.
1894, 425.
R. L. 56, § 62.
1910, 641, § 1.
1914, 792, § 1.
1918, 268, § 1.
1919, 350,
§§ 34. 37, 96.
165 Mass. 38.
229 Mass. 14.
Section .37. No producer of milk shall be liable to prosecution for
the reason that the milk produced by him is not of good standard quality
unless such milk was taken upon his premises or while in his possession
or under his control by an inspector of milk, collector of samples of milk
or agent of the division of dairying and animal husbandry of the depart-
ment of agriculture or of the department of public health, and a sealed
sample thereof was given to such producer upon demand, nor unless he
shall fail to bring the milk produced by him to the legal standard for milk 8
solids and milk fat within twenty days after written notice that it is 9
below said standard has been sent to him by the officer taking said sample. 10
At any time after such period of twenty days has elapsed, any such officer 1 1
may take a second sample, and if it is found to be below the legal stand- 12
ard for milk solids and milk fat prosecution may follow. 13
rannivan^Iby SECTION 38. An inspcctor of milk or a collector of samples of milk
or interference -^yho wilfullv couuivcs at or assists ill a violatioii of sections nineteen,
with inspector, '' .« . iiiii*
etc. twenty, twenty-three, thirty-nine, forty and one hundred and torty-six,
p. s.'s7. § 8. ' or any person who hinders, obstructs or interferes with such an inspector
u^t. 56?'§ 6i'. or collector in the performance of his duty, shall, except as provided in
141 Mass. 136. ggc^jgn sixty, be punished by a fine of not less than one hundred nor more
than three hundred dollars or by imprisonment for not less than one nor
more than two months.
Penalty for
using counter-
feit seal, etc.
1886, 318, § 4.
1896, 398, I 3.
R. L. 56, § 60.
[Penalty, § 38.)
Section 39. Whoever makes, causes to be made, uses or has in his 1
possession, an imitation or counterfeit of a seal used by an inspector of 2
milk, collector of samples of milk or other officer engaged in the inspec- 3
tion of milk, and whoever changes or tampers with a sample taken or 4
sealed as provided in section thirty-five, shall be punished bj' a fine of 5
one hundred dollars and by imprisonment for not less than three nor 6
more than six months. 7
License to sell
milk
etc.
1859
206, § 2.
G. S
49, § 151
1864
122, §4.
1880
209,
§§ 1,
2.
P. s.
57,
§§3,
4.
R. L
56,
§§53
,54.
1909
443,
§§1.
5.
1 Allen, 593.
2 Allen, 157.
[Penalty, §§ 38
42.]
Section 40. No person, except a producer selling milk to other than 1
consumers, or selling not more than twenty quarts per day to consumers, 2
shall deliver, exchange, expose for sale or sell or have in his custody or 3
possession with intent so to do any milk, skimmed milk or cream in 4
any town where an inspector of milk is appointed, without obtaining 5
from such inspector a license which shall contain the number thereof, 6
the name, place of business, residence, number of vehicles used by the 7
licensee and the name of each dri^-er or other person employed by him in 8
carrying or selling milk. A license issued to a partnership or corporation 9
shall be issued in the business name of said partnership or corporation 10
and shall contain the names in full of the partners and managers of said 1 1
partnership or officers of said corporation. The license shall, for the 12
purposes of sections forty to forty-two, inclusive, be conclusive evidence 13
of ownership and shall not be sold, assigned or transferred. Whoe\er 14
in such a town, engages in the business of selling milk, skimmed milk or 15
cream from any vehicle shall display conspicuously on the outer side of 16
each vehicle so used, his license number in figures not less than one and 17
one half inches in height, and the name and place of business of the 18
licensee in gothic letters not less than one and one half inches in height. 19
Whoever in such town engages in the business of selling milk, skimmed 20
milk or cream in a store, booth, stand or market place shall ha\e his 21
license conspicuously posted therein. 22
ClIAl'. 94.J INSPECTION AND SALE OF FOOD, ETC. 1097
1 Section 41. An inspector of milk in any town, for the purposes License; grant-
2 mentioned in the preceding section and subject to tlie regulations estab- rrvocntion™'
3 lished by the board of health of such town, may grant licenses to suit- oF?|vocation'°
4 able persons, and shall receive for each license so granted a fee of fifty Lists of <-er
5 cents for the use of such town, and all license fees collected by him shall *»'" d^Hcra.
6 be paid over monthly to the town treasurer. Such licenses shall remain §§ i,'2.
7 in force until June first following, unless previously suspended or re- r. t, se, '
8 voked. An inspector of milk may declare any license granted by him igo9'!'405', §3;
9 suspended or forfeited upon a conviction of the licensee in any court of \tii}792.^i i
10 the commonwealth for violation of his license. If the applicant for a [^^^- jso. | se-
ll license fails to comply with any regulation of the board of health of the
12 town where the application is made, a license may be refused until he
13 has complied with such regulation; and a license granted under this
14 section may be revoked at any time for failure to comply with any such
15 regulation. If a license is so refused or revoked, an appeal may be
16 taken to the department of public health, whose decision shall be final.
17 Every inspector of milk shall annually during the montli of June, and
18 at any other time upon special request of the commissioner of Jigri-
19 culture, furnish to him a list of dealers holding licenses for the sale of
20 milk, skimmed milk or cream who purchase the same directly from
21 producers in the commonwealth. If any inspector revokes such a license
22 or reinstates such a license previously revoked, he shall, within ten days
23 after the effective date of such revocation or reinstatement, notify said
24 commissioner in writing to that effect.
1 Section 42. Whoever violates anv provision of section fortv shall P'^n'^'ty f^
2 be punished for the first offence by a fine of not less than ten nor more <?"■ • "■■thou't
3 than one hundred dollars, for the second offence by a fine of not less issg, 206, § 2.
4 than fifty nor more than three himdred dollars, and for a subsequent 1864', 122. § 4. '
5 offence by a fine of fifty dollars and by imprisonment for not less than p^a'syj's'jsfi.
6 one nor more than two months.
R. L. 56, §§ 53. 54. 1909, 443, §§ 2, 5.
1 Section 42A. Every person licensed under section forty-one who Financial
2 purchases milk, skimmed milk or cream directly from the producer in ccrtai'n dealers.
3 the commonwealth shall, annually during the month of September and f^n^l\l°'^
4 at such other times as the commissioner of agriculture shall request, ^g'^g'^'i'Ti'' § 2
5 prepare and submit to him upon a form provided therefor by the depart-
6 ment of agriculture a complete financial report signed by the licensee,
7 and verified by his oath or his written declaration that it is made under
8 the penalties of perjury. Any licensee neglecting to make such report
9 or, if defective or erroneous, to amend it within fifteen days after a re-
10 quest so to do, shall be punished by a fine of twenty-five dollars for each
11 consecutive period of twenty-four hours during which such neglect
12 continues.
1 Section 43. No producer of or dealer in milk shall sell or deliver for Permits
2 sale in any town any milk produced or dealt in by him without first ofmiik.'
3 obtaining from the board of health of such town a permit authorizing i9i'4,744,
4 such sale or delivery. Said board of health may issue such permit after fgi^s^^iol.^i 1'
5 an inspection of the milk, and of the place where and the circumstances Jgjg^ ||g; § gg
6 under which it is produced and handled, has been made by it or its 1924,122.
7 authorized agent. Any permit so granted may contain such reasonable
8 conditions as said board deems suitable for protecting the public health
1098
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
and may be revoked for failure to comply with any of such conditions. 9
No charge shall be made to the producer for such permit. After a per- 10
mit has been revoked, it may be reissued in the same manner in which 11
the original permit was issued. The board revoking or reissuing said 12
permit shall immediately send notice thereof to the department of public 1.3
health, which may enforce this provision. The department shall at 14
once inform the board of health of any other town where, in its judg- 15
ment, milk produced by the person to whom the permit relates would 16
be likely to be sold or delivered for sale, and it shall also give notice of 17
such revocation or reissue to any dealer in milk who in its judgment 18
would be likely to purchase milk from such person; and after receipt of 19
notice of revocation no dealer so notified shall sell or offer for sale such 20
milk. If the board of health of any town refuses to issue a permit under 21
this section or a permit previously issued is revoked by it, an appeal 22
may be taken to the said department, whose decision shall be final. 2.3
Violation of any provision of this section shall be punished by a fine of 24
not more than one hundred dollars. 25
Spectfon" Section 44. No fee for making any inspection or test of live stock, 1
etc., of dairies, gp any iuspcction of any dairy, barn or stable, under authority of law, 2
etc., prohibited. ■' ^ ' . • ' . , in ' i n i o
Penalty. tor the purposc ot protectmg the milk supply of any tov\Ti, shall be 3
iQis! 109! ' requested or accepted by any official or other person making or assisting 4
to make such test or inspection. Whoever violates this section shall be 5
punished by a fine of not more than fifty dollars. 6
1916, 228,
1917, 112,
Use of certain
containers
prohibited.
Penalty.
1906, 116,
§§3,4.
1908. 435,
§§1.2.
Section 45. No licensed milk dealer shall sell, or have in his posses- 1
sion with intent to sell, milk not contained in clean vessels bearing his 2
own name, or the name under which his business is conducted, and bear- 3
ing no other name; but this section shall not apply to a person using 4
clean vessels bearing the name of another person whose written permis- 5
sion for such use has been obtained previously and registered in the 6
office of the inspector of milk, in towns having such officer, and in other 7
towns registered in the office of the town clerk. Whoever violates this 8
section shall be punished by a fine of ten dollars. 9
Containers,
etc., to be
clean, etc.
1913, 761,
§§1.2.
Section 46. Each vessel used as a container in the holding, handling 1
or sale of milk intended for sale, and each appliance, implement, utensil, 2
strainer or material used in milking and in the treatment or mixing of 3
such milk, shall be clean and free from foreign deposits. 4
Penalty for
use of unclean
utensils, etc.
1913, 761,
§§1.2.
Section 47. W^hoever himself or by his servant or agent sells, ex-
changes or delivers or has in his custody or possession with intent to
sell, exchange or deliver, milk in vessels used as containers which are
unclean upon the inside, or have foreign deposits therein, or milk ob-
tained, treated or mixed by the use of appliances, implements, utensils,
strainers or materials unclean or not free from foreign deposits, shall be
punished by a fine of not more than fifty dollars.
Placing of
offal, etc., in
milk cans, etc.,
prohibited.
Penalty.
1906, 116.
§§ 1, 2.
Section 48. Whoever himself or by his servant or agent having cus-
tody of any vessel used as a container for milk intended for sale, places
or causes or permits to be placed therein oft'al, swill, kerosene, vegetable
matter or any article other than milk, skimmed milk, buttermilk, cream,
or water or other agent used for cleansing said ^'essel, or sends, ships,
Chap. 94.] inspection and sale of food, etc. 1099
6 returns, or delivers, or causes or permits to be sent, shipped, returned or
7 delivered to any producer of milk any vessel used as a container for milk
8 and containing any offal, swill, kerosene, vegetable matter or other
9 offensive material, shall be punished by a fine of not more than ten dol-
10 lars for each such vessel.
1 Section 4SA. No person shall maintain an establishment for the ^jj''™j?'JJ_e of
2 pasteurization of milk without a license from the board of health of the ments'for
3 town where the establishment is to be located. Any person desiring !?f m'iik"°'*'°°
4 such a license may make written application to such Ijoard, stating the fgaf'zsl'.
5 location of the establishment and such other information as may be
6 required by rules and regulations for the enforcement of this section,
7 which the department of public health is hereby authorized to make.
8 Upon receipt of the application the said board shall cause an examina-
9 tion of the sanitary condition of the establishment to be made, and if it
10 is found to be in a sanitary condition, and in accordance with the require-
11 ments of said rules and regulations, and otherwise properly equipped for
12 the business of pasteurizing milk, said board, upon receipt of a license
13 fee of ten dollars, shall issue a license authorizing the applicant to carry
14 on such establishment for the pasteurization of milk for one year. If
15 any such establishment licensed hereunder is deemed by the board issuing ,
16 such license or by the department of public health to be operated or
17 maintained in an unsanitary manner, or in violation of any of said rules
18 and regulations, or not properly equipped for the business of pasteurizing
19 milk, the board or the department shall close such establishment until
20 such time as it has been put in a condition to conform with the require-
21 ments of this section, and said board or department may also suspend
22 the license if the required changes are not made within a reasonable time.
23 Whoever, himself or by his servant or agent, violates any provision
24 of this section, or of the rules and regulations made hereunder, shall be
25 punished for the first offence by a fine of not more than one hundred
26 dollars, and for a subsequent offence by a fine of not less than fifty nor
27 more than three hundred dollars.
28 This section shall not be construed to interfere with the powers and
29 duties conferred or imposed upon boards of health of cities and towns
30 by sections forty-one and forty-three.
BUTTER, CHEESE AND LARD.
1 Section 49. Whoever himself or by his agent sells, exposes for sale oleomargarine
2 or has in his possession with intent to sell oleomargarine shall have the ilri, Tol 1 1.
3 word "oleomargarine" or "butterine" so stamped, labelled or marked p*s.'56,^§ i?.'
4 that said word cannot be easily defaced, upon the top,_side and bottom }|8|; |i°; | };
5 of each tub, firkin, box or package containing any of said oleomargarine. JssB; fj-^^^^-
6 Whoever, himself or by his agent, exposes or offers for sale oleomargarine J9|y^30; l^\
7 not in the original package shall attach thereto in a conspicuous place a iso Ma|: 327.'
8 label bearing the words " imitation butter ", or the word " oleomargarine " 407.' ''^^'
9 or "butterine". In retail sales of oleomargarine not in the original [Penalty, § 51.1
10 package the seller shall attach to each package so sold, and shall deliver
11 therewith to the purchaser, a label or wrapper bearing in a conspicuous
12 place upon the outside of the package the words "imitation butter",
13 or the word "oleomargarine" or "butterine". Each such stamp, label
14 or mark shall be in printed letters in a straight line of not less than
15 twenty point plain gothic type.
1100
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 9-1.
Imitation
cheese to be
marked.
1881, 292, § 2.
P. S. 56, § 18.
1885, 352, § 2.
R. L. 56, § 37.
[Penalty, § 51.1
Section 50. WTioever himself or by his agent sells, exposes for sale 1
or has in his possession with intent to sell, any article, substance or com- 2
pound, made in imitation or semblance of cheese or as a substitute there- 3
for, and either not made exclusively and wholly of milk or cream, or con- 4
taining any fats, oils or grease not produced therefrom, shall ha\"e the 5
words "imitation cheese" stamped, labelled or marked in printed letters 6
of plain, uncondensed gothic type, not less than one inch in length, so 7
that said words cannot be easily defaced, upon the side of each cheese- 8
cloth or band around the same, and upon the top and side of each tub, 9
firkin, box or package containing any of said article, substance or com- 10
pound. In retail sales of said article, substance or compound not in the 11
original packages, the seller shall attach to each package so sold, and 12
shall deliver therewith to the purchaser, a label or wrapper bearing in a 13
conspicuous place upon the outside of the package the words " imitation 14
cheese", in printed letters of plain uncondensed gothic type, not less 15
than one half inch in length. 16
Unlawful sale,
advertising,
etc., of imi-
tation butter
and cheese
penalized.
1878, 106,
1880, 199,
1881, 292,
P. S. 56, I
1886, 317,
§§2,3.
1894, 280, 5 1.
R. L. 56, § 38.
1923, 84.
2 Op. A. G. 332.
§2.
§3.
i 19.
Section 51. Whoever sells, exposes for sale or has in his possession 1
with intent to sell, any article, substance or comi)ound made in imi- 2
tation or semblance of butter or cheese or as a substitute therefor, except 3
as provided in the two preceding sections, and whoever with intent to 4
deceive defaces, erases, cancels or removes any mark, stamp, brand, 5
label or wrapper provided for in said sections, or in any manner falsely 6
labels, stamps or marks any box, tub, article or package marked, stamped 7
or labelled as provided in said sections, or whoever himself or by his S
agent sells, exposes for sale, or has in his possession with intent to sell, 9
oleomargarine, contained in any box, tub, article or package, marked 10
or labelled with the word "dairy", or the word "creamery", or the 11
name of any breed of dairy cattle, or whoever uses in any way in con- 12
nection or association with an advertisement of margarine, oleomargarine 13
or of any substance designed to be used as a substitute for butter, the 14
name or representation of any dairy animal or breed of dairy cattle, or, 15
with intent to deceive, uses in any way in such connection or association 16
the word "butter", "creamery" or "dairy", or any other words or 17
symbols commonly used only in ad\'ertisements of butter, shall for the 18
first offence forfeit one hundred dollars, and for each subsequent offence 19
two hundred dollars, to the use of the town where the offence was com- 20
mitted. 21
Conveyance of
oleomargarine
for sale
regulated.
Penalty.
1880, 317. § 4.
R. L. 56, § 39.
Section 52. Each person who conveys oleomargarine in a vehicle 1
or otherwise, for the purpose of selling the same in any town, shall an- 2
nually in May be licensed by an inspector of milk of such town to sell the 3
same within the limits thereof, and shall pay therefor to such inspector 4
fifty cents to the use of the town. The inspector shall pay monthly to the 5
town treasurer all such moneys collected by him. In towns where there 6
is no inspector of milk, such license shall be issued by the town clerk. 7
Any such license siiall be issued only in the name of the owner of the S
vehicle, and for the purposes of sections forty-nine to sixty, inclusive, shall 9
be conclusive evidence of ownership. No such license shall be sold, 10
assigned or transferred. Each license shall be numbered and shall state 11
the name, residence, place of business, number of vehicles used, and the 12
name and residence of each driver or other person engaging in carrying 13
oleomargarine. Each licensee before engaging in the sale of oleoinarga- 14
rine shall cau.se his name, the number of his license and his place of busi- 15
Chap. 94.] inspection and sale of food, etc. 1101
Ifi ness to be legibly placed, in gothic letters not less than one inch in length,
17 in the English language, on each outer side of each vehicle used by him in
18 the conveyance and sale thereof, and shall report to the said inspector or
19 to'rni clerk any change of dri\er or other person engaged in carrying
20 oleomargarine occurring during the term of his license. Whoever without
21 being licensed sells oleomargarine, or exposes or offers it for sale from
22 vehicles or has it in his custody or possession with intent so to sell, and
23 whoe\er violates any of the provisions of this section, shall for the first
24 offence be punished by a fine of not less than thirty nor more than one
25 hundred dollars, and for a subsequent offence by a fine of not less than
26 fifty nor more than three hundred dollars.
1 Section 53. Each person before selling or offering for sale oleomar- Registration
2 garine in a store, booth, stand or market place, shall register his name oleomargarine.
3 and proposed place of sale in the books of the inspector of milk of the ilse, s'l?, § 5.
4 town, or, if there is no such inspector, in the books of the town clerk, ^- ^- ^'^' ^ *°-
5 and annually in May thereafter shall so register, and shall pay fifty cents
6 for each registering to the use of such town. Whoever neglects so to
7 register shall be punished by a fine of not more than twenty dollars.
1 Section 54. Whoever himself or by his agent or servant renders. Manufacture,
2 manufactures, sells, offers for sale, exposes for sale, takes orders for the imitations of
3 future delivery of, has in his possession, keeps in storage, distributes, hib'^d!"^'''
4 delivers, transfers or conveys with intent to sell within the common- flgf's^g,
5 wealth any article, product or compound made wholly or partly out of any H^k |^^ ^ ^
6 fat, oil or oleaginous substance or compound thereof, not produced from ism! |77:^§^i.
7 unadulterated milk or cream from the same, which is in imitation of ise Mass. 236.
8 yellow butter produced from unadulterated milk or cream from the same, i62 Massl 520!
9 shall be punished by a fine of not less than one hmidred nor more than \~l Hill; \tl;
10 five hundred dollars or by imprisonment for not more than one year; but ^^^ ^- ^- *®^-
11 this section shall not prohibit the manufacture or sale of oleomargarine
12 in a separate and distinct form, free from any coloration or ingredient
13 which causes it to look like butter, and in such manner as will inform the
14 consumer of its real character.
1 Section 55. Whoever exposes for sale oleomargarine which is not ^{^^^^"1^1°^
2 marked and distinguished by all the marks, words and stamps required ]P|"''"^y„
3 by section forty-nine, or whoever does not have upon the exposed contents §§ 1,' 2.
4 of each opened tub, package or parcel of oleomargarine a conspicuous §§2.' 3 '
5 placard with the word "oleomargarine" printed thereon in plain, uncon- fi^'^^' ^^*^'
6 densed gothic letters, not less than one inch long, or whoever himself or by JlgVa^' Ise'.
7 his agent sells or offers for sale any oleomargarine to any person who asks iss u. s. 46i.
8 or sends for butter, shall be punished by a fine of one hundred dollars.
[Dbposition of fine, § 63.]
1 Section 56. Whoever sells oleomargarine from any dwelling, store, Saie of
2 office or public mart which does not have conspicuously posted thereon a ^egXtcu"
3 placard or sign approved by the division of dairying and animal hus- gutred in'store.
4 bandry of the department of agriculture, bearing in letters not less than i'|9f'7i2, § 3.
5 four inches in length "oleomargarine sold here" or "butterine sold here", fgig- feg^^j^i;
6 shall be punished by a fine of one hundred dollars for the first offence i^iajsso:
7 and one hundred dollars for each day's neglect after conviction for the
8 first offence.
[Disposition of fine, § 63.]
1102
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Section 57. Whoever himself or by his agent peddles, sells, solicits
orders for the future delivery of or deli\ers oleomargarine from any
vehicle not having on both sides of said vehicle a placard bearing the
words "licensed to sell oleomargarine" in uncondensed gothic letters not
less than three inches in length, shall be punished by a fine of one hundred
163 Mass. 506. dollars or by imprisonment for one month.
IDiaposition of fine, § 63.]
Same subject.
Placard re-
quired on
vehicles.
Penalty.
1891,412, § 4.
1894, 280, § 4.
R. L. 56, § 46.
158 Mass. 218.
mJi'gafine^t SECTION 58. Whocvcr fumishcs oleomargarine or causes it to be fur- 1
re°gui3ted''' nishcd, instead of butter, in any hotel, restaurant or boarding house or 2
iiSf^ii2 5 ^* ^^y lunch counter, to a guest or patron thereof, without notifying said 3
1896! 377! § 2. gucst or patron that the substance so furnished is not butter shall be 4
159 Mass. 113. punished by a fine of not less than ten nor more than fifty dollars. 5
[Disposition of fine, § 63.]
Sale of process
butter or reno-
vated butter
regulated.
Penalty.
1899, 340.
R. L. 56, § 48.
1903,361.
2 Op. A. G.
332.
Section 59. Whoever himself or by his agent sells, exposes for sale 1
or has in his custody or possession with intent to sell, an article or com- 2
pound commonly known as process butter, and produced by taking 3
original packing stock or other butter, or both, melting the same, so that 4
the butter fat can be drawn off, mixing the fat with skimmed milk, or 5
milk, cream or other milk product, and rechurning the mixture, or by any 6
similar process, shall have "renovated butter" conspicuously stamped, 7
labelled or marked so that the words cannot easily be defaced, in a straight 8
line in printed letters not less than one half inch in length, of plain, un- 9
condensed gothic type, upon the top, side and bottom of each tub, firkin, 10.
box or package containing said article or compound. The seller at retail 11
of said article or compound which is not in the original package shall him- 12
self or by his agent attach to each package so sold and deliver therewith 13
to the purchaser a label or wrapper bearing conspicuously upon the out- 14
side thereof the words " renovated butter" in printed letters not less than 15
one half inch in length, in a straight line of plain, uncondensed gothic 16
type. Whoever violates any provision of this section shall for the first 17
offence be punished by a fine of not less than twenty-five nor more than 18
one hundred dollars, for the second offence by a fine of not less than one 19
hundred nor more than three hundred dollars, and for a subsequent 20
offence by a fine of five hundred dollars or by imprisonment for not less 21
than two nor more than three months. 22
Complaints for
violation of sec-
tions relative to
oleomargarine,
butter, cheese,
1881, 292. § 4.
P. S. 56. § 20.
1884, 310,
§§2,4.
1891, 58, § 3.
R. L. 56, § 42.
1910, 394.
1913, 743, § 3.
132 Mass. 12.
176 Mass. 132.
177 Mass. 67.
Section 60. Each inspector of milk shall institute complaints for 1
the violation of any provision of sections forty-nine to fifty-eight, inclu- 2
sive, sixty-two and sixty-four on the information of any person who lays 3
before him satisfactory evidence to sustain such complaint, if he has 4
reasonable cause to believe that said provision has been violated. He 5
may enter each place where butter, cheese or imitations thereof, or ice 6
cream are stored or kept for sale, and shall take samples of suspected 7
butter, cheese or imitations thereof, or ice cream, and cause them to be 8
analyzed or otherwise satisfactorily tested, and shall record and preser\-e 9
as evidence the result of such analysis or test. Before commencing the 10
analysis of any sample in any proceeding for \iolation of any pro\ision of 11
sections forty-nine to fifty-one, inclusive, and sixty-four, the analyst sliall 12
reserve and seal a portion of the sample, and, upon complaint made 13
against the person from whom such sample was taken, such reserved 14
portion of the sample alleged to be adulterated shall, upon application, 15
Chap. 94.] inspection and sale of food, etc. 1103
10 be delivered to such person or to his cattorney. The expense of such
17 analysis or test, not exceeding twenty dollars in any one case, may be
IS* included in the expense of such prosecution.
1 Section 61. No person shall sell, deliver, prepare, put up, expose or ^;,'^PP<f^«^°fj_j
2 offer for sale any lard, or any article intended for use as lard, which con- b"mL°ked.
3 tains any ingredient except the pure fat of swine, in any tierce, bucket, issy, wo.
4 pail or other vessel or wrapper, or under any label bearing the words ^- ^- ^'^- ^ *^-
5 "pure", "refined", "family", or either of them, alone or in combination
6 with other words; but each vessel, wrapper or label in or under which
7 such article is prepared, put up or exposed for sale, sold or delivered by him
8 shall bear on the top or outer side thereof, in letters not less than one
9 half inch in length and plainly exposed to view, the words " compound
10 lard". Whoever violates any provision of this section shall for the first
11 offence be punished by a fine of not more than fifty dollars and for a
12 subsequent offence by a fine of not more than one hundred dollars.
1 Section 62. WTioever hinders, obstructs or in any way interferes Penaity_for
2 with an inspector of milk or collector of samples of milk in the perform- with iospector.
3 ance of his duties under section sixty, shall for the first offence be pun- fsit, 310. § 2.
4 ished by a fine of fifty dollars and for a subsequent offence by a fine of ^^^t ||; \ I2.
5 one hundred dollars.
1910, 394. 1913, 743, 5 3.
1 Section 63. All fines recovered under sections fifty-five to fifty- Disposition
2 eight, inclusive, shall be paid to the commonwealth.
1891. 412, § 12. R. L. 56, § 50.
ice cre.\m and sherbet.
1 Section 64. For the purposes of sections sixty-four to sixty-five F, fee^°r1?am.°'
2 inclusive, ice cream is hereby defined to be the frozen product of cream, f^/Jj^^^fg; 5 j.
3 milk or skimmed milk, or any combination thereof, or of milk products, jsi*. gg^j^j
4 with sugar, and with or without the addition of pure gelatine or vege-
5 table gums. Such product shall contain not less than ten per cent of
6 milk fat and not less than eighteen and five tenths per cent of total
7 milk solids; provided, that if eggs, fruit, fruit juices, cocoa, chocolate
8 or nuts are added thereto, such product shall contain not less than eight
9 per cent of milk fat and not less than sixteen and five tenths per cent of
10 total milk solids.
1 Section 64A. For the purposes of sections sixty-five A to sixty-five F, ^^I'^^f
2 inclusive, sherbet is hereby defined to be all frozen water, milk or cus- 1931,93,52.
3 tard ices, with or without sugar or flavoring, which do not come within
4 the definition of ice cream contained in the preceding section.
1 Section 6.5. Ice cream shall be deemed to be adulterated: — w'hend'eSked
2 First, If it contains saccharin or any preservati\e, mineral or other \^^\%fgf^ 1.
3 substance or compound deleterious to health; provided, that this
4 clause shall not be construed to prohibit the use of harmless coloring
5 matter when not used for fraudulent purposes;
6 Second, If it contains any fats, other than milk fat or egg fat, or any
7 oils or paraffin added to, blended with or compounded with it; pro-
1104
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
vided, that chocolate ice cream and the coating of coated ice cream may 8
contain cocoa butter; 9
Third, If it is made in whole or in part from, or contains, ice cream 10
which for any reason is unfit for food. 11
Manufacture
and sale of
ice cream
regulated.
1927, 278, § 1.
1931,93, §3.
Section 65A. No person, himself or by his servant or agent, shall 1
(a) Manufacture, sell or offer or expose for sale, or have in possession 2
with intent to sell or offer or expose for sale, under the name of "ice 3
cream" any substance not conforming to the provisions of section sixty- 4
four or adulterated within the meaning of section sixty-five; 5
(b) Sell or offer or expose for sale, or have in possession with intent to 6
sell or offer or expose for sale, ice cream in a container which is falsely 7
labelled or branded as to the name or address of the manufacturer of 8
such ice cream, or an imitation of or substitute for ice cream under a 9
coined or trade name which does not identify its true character; 10
(c) Sell ice cream from a container or a compartment of a cabinet or 11
fountain, which contains any article of food, other than ice cream or an 12
imitation or substitute for ice cream offered for sale under a coined or 13
trade name which plainly identifies its true character; 14
(d) Handle ice cream or coated ice cream or sherbet in unclean, un- 15
sanitary or unhealthful premises or in an unclean, unsanitary or un- 16
healthful manner; 17
(e) Use or lend, borrow, hire or lease for use any ice cream can, tub, 18
jacket or other container for any other purpose than the handling, 19
storing or shipping therein of ice cream; 20
(/) Engage in the business of manufacturing ice cream or sherbet 21
without a license so to do from the board of health of the town where 22
such business is or is to be located. 23
Licenses to
manufacture
ice cream.
Applications,
fees, term,
revocation.
1927,278, § 1.
1931, 93, § 4.
Section 65B. Local boards of health may grant to suitable appli- 1
cants therefor licenses to manufacture ice cream and sherbet or either 2
of them. Applications for such licenses shall be made upon forms pre- 3
scribed by the department of public health. No license shall be granted 4
hereunder until after inspection and approval by such local board of 5
the premises wherein the business so licensed is to be carried on. Each 6
Hcense so granted shall, unless sooner revoked, expire on April thirtieth 7
following its issue, and the fee therefor shall be one dollar. Any such 8
license may be revoked at any time, for cause and after a hearing, by the 9
local board which granted it. 10
Section 65C. [Inserted, 1927, 278, § 1; repealed, 1928, 229, § 2.] 1
Section 65D. [Inserted, 1927, 278, § 1 ; repealed, 1928, 229, § 2.] 1
Rules and
regulations.
Enforcement
of §§ 64-05F.
1913,743, § 3.
1927, 278, § 1.
Section 65E. The department of public health, and local boards of 1
health within their respective jurisdictions, shall enforce the provisions 2
of sections sixty-four to sixty-five F, inclusive, and may make rules and 3
regulations consistent with said provisions. 4
Penalty.
1913, 743. § 2.
1914. 67, S 2.
1927, 278, § 1.
Section 65F. Whoever violates any provision of sections sixty-four 1
to sixty-five E, inclusive, or of any rule or regulation made thereunder, 2
shall be punished by a fine of not less than fifteen nor more than fi\-e 3
hundred dollars, or by imprisonment for not more than six months. 4
Chap. 94.] inspection and sale of food, etc. 1105
COLD storage.
1 Section 66. No person shall maintain a cold storage or refrigerating Ucensingof
2 warehouse without a license issued by the department of public health. warcho°uSr"
3 Any person desiring such a license may make written application to S^tSli'n
4 such department, stating the situation of his plant. Upon receipt of the i9i2'6525§'2.
5 application the said department shall cause an examination of the sani- \l\*' ^92, § i.
6 tary condition of the plant to be made, and if it is found to be in a sani- }0i9J aso', § 96.
7 tary condition and otherwise properly equipped for the business of cold (p^^^^y \ 73']
8 storage, said department upon receipt of a license fee of ten dollars shall
9 cause a license to be issued authorizing the applicant to maintain therein
10 a cold storage or refrigerating warehouse for one year. If any ware-
11 house or any part thereof, licensed under this section, is deemed by said
12 department to be conducted in an unsanitary manner, it shall close such
13 warehouse or part thereof, until it has been put in sanitary condition,
14 and said department may also suspend the license if the required changes
15 are not made within a reasonable time. Each such licensee shall sub-
16 mit to the department of public health on or before the fifteenth day of
17 each month, a report on a printed form to be provided by said depart-
18 ment, stating the quantities of articles of food placed in cold storage
19 during the month preceding, and also the quantities of articles of food
20 held on the first day of the month in which the report is filed or such
21 other day as the commissioner of public health may from time to time
22 fix.
1 Section 67. Boards of health of towns within their towns shall °Xca"iboird3
2 inspect, and the department of public health shall inspect and supervise f^'^Jilcl* Rules,
3 all cold storage or refrigerating warehouses and shall make such inspec- et^e^ ^^^
4 tion of the entry of articles of food therein as they deem necessary to i9i|.652;
5 secure proper enforcement of the laws relative to cold storage. The 1914, 792, § 1.
6 department may make rules and regulations to secure a proper enforce- fgl; ^*' ^^°'
7 ment of sections sixty-six to seventy-two, inclusive, and ninety-two. ^1^20)' ?72.
(Penalty, § 73.)
1 Section 68. The department of public health and local boards of °^p'\''„"J;™*'
2 health, their agents, inspectors or employees shall be permitted access ^^^^^''^tn^piaceB.
3 to each establishment mentioned in the preceding section, and to all i9io, mo. ^ ^
4 parts thereof at all reasonable times for the purpose of inspection and 1914! 792! §1:
5 enforcement of any provision of law relative to food products. § 96.'
[Penalty, § 73.]
1 Section 69. No article of food intended for human consumption Regulation of
2 shall be placed or retained in cold storage if deemed by the department of i9i2!'6°o'2,*'''
3 public health to be diseased, tainted or otherwise unwholesome, and no flu, 792, §1.
4 person shall return to cold storage any article of food that has once been }^i^. i^'gl^-
5 released from such storage for the purpose of placing it on the market for Ij^'^'g^^^'
6 sale, but this section shall not apply to the transfer of goods from one I'^o, 297,
7 cold storage or refrigerating warehouse to another, provided that such jp^^'^j^^ ^ -3 j
8 transfer is not made for the purpose of evading any provision of sections
9 sixty-six to seventy-two, inclusive, and ninety-two. No person shall
10 alter, deface or remove any marking on cold storage food which shows
11 the date of its receipt in cold storage until after the food is finally with-
12 drawn for the purpose of immediate sale for consumption, nor shall any
1106
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
person transfer the owTiership of food in cold storage without previously 13
making known to the purchaser the date on which it was originally placed 14
in cold storage. 15
Limit of time
food may be
kept in cold
storage.
1912, 652. § 5.
1914.792, § 1.
1917. 149. S 3.
1919. 350. § 96.
243 Mass. 472.
4 Op. A.G.I.
Op. A. G.
(1920) 172.
Penalty. § 73.]
Section 70. No person shall hold any article of food in cold storage 1
which has been in cold storage longer than twelve calendar months, 2
except with the consent of the department of public health. The said .3
department, upon application, may extend the period of storage beyond 4
twelve months for a particular consignment of goods, if the goods in 5
question are found upon examination to be in proper condition for further 6
storage at the end of such time. The length of time for which further 7
storage is allowed shall be specified by the department. A report on each 8
case in which such extension of storage is permitted, including informa- 9
tion relating to the reason for the action of said department, the kind and 10
amount of goods for which the storage period was extended, and the 11
period of extension, shall be included in the annual report of the com- 12
missioner of public health. 13
Marking date
of receipt of
food in cold
storage.
1912. B.52, § 4.
1920, 297, § 2.
[Penalty, § 73.]
Section 71. The date of receipt into cold storage shall be plainly 1
marked either upon the containers in which any articles of food deposited 2
in such storage are packed, or, if not packed in containers, on or in con- .3
nection with all such articles, except fish. When deposited in cold 4
storage, all articles of food which have been previously stored in any .5
other state or country shall be plainly marked, as above provided, with 6
the date of their original deposit in cold storage. 7
'^oS'flfrmeriy SECTION 72. Except as provided in sections seventy-eight and
in cold storage nincty-ouc, no person shall sell or ofl'er or expose for sale articles of food
1912. 652'. § 6. which have been held in cold storage without notifying each person pur-
1919; 35i; § to. chasing or intending to purchase the same that they have been so held
[Penalty. § 73] by displaying in a conspicuous place a sign marked " Cold Storage Goods
Sold Here". No person shall represent or advertise as fresh goods arti-
cles of food which have been held in cold storage.
1
2
3
4
5
6
7
Penalty.
1912.652, §10.
Section 73. Whoever violates any provision of sections sixty-six to
seventy-two, inclusi\'e, and ninety-two, shall for the first offence be
punished by a fine of not more than one hundred dollars, and for a sub-
sequent offence by a fine of not more than five hundred dollars or by
imprisonment for not more than one month, or both.
Fish to be
graded.
Grades
established.
1919. 351. § 1.
1922, 17, § 1.
FISH.
Section 74. All fresh food fish before being offered for sale or placed 1
in cold storage shall be graded as follows: — 2
First grade fish. Only fish known in the trade as "new fish". .3
Second grade fish. All other fish in suitable condition to be offered 4
for sale as fresh fish. 5
Third grade fish. Fish suitable only for splitting and salting or other- 6
wise preserving, but not suitable for sale as fresh fish. 7
First grade fish shall be sold as "number one fish", "shore fish", or 8
under any other truthful designation. Second grade fish shall be sold as 9
"number two fish" or "off shore fish". Third grade fish shall be sold 10
as "number three fish". 11
Chap. 94.] inspection and sale of food, etc. 1107
12 No person shall represent, sell, offer for sale or advertise fresh or frozen
13 fish of any grade under any but the truthful and correct name and grade
14 or corresponding term for such fish.
1 Section 75. No person shall sell or offer or expose for sale fish ^J^-'to be*M°
2 graded as "number two fish", unless at the time of such sale, offering designated,
3 or exposing for sale, it is clearly stated or made to appear by suitable lalo, 351, § 2.
4 designation that they are "number two" or "off shore" fish.
1 Section 76. No person shall sell or offer or expose for sale at retail, beJ'threl &,h"'.
2 for food, "number three fish". "Number three fish" shall be offered, }»i3; fj^^'j^a*-
3 exposed for sale or sold only at wholesale and then only for splitting
4 and salting or otherwise preserving.
1 Section 77. No person shall place in cold storage any fresh fish not g^^V,"^^'/ °°"
2 previously graded as "number one fish" or "number two fish". Food 1^^!}'^^^^-^°
3 fish, unless deposited in bulk, when deposited in cold storage except in p'^^ed^in cold
4 private freezing plants, shall be plainly marked with the date of receipt 1919, 351, § 4.
5 on the containers in which they are packed; and if deposited in bulk,
6 shall at the time of removal from cold storage be plainly marked on such
7 containers with the month and year of receipt.
1 Section 78. No person shall sell, offer or expose for sale fish which ^^°^^^^J-°f^^ll'^
2 have been held in cold storage, without notice to purchasers that such Morage fah^ ^
3 fish have been so held, nor without the conspicuous display of a sign
4 marked "Cold Storage Fish"; nor shall any person represent or adver- .
5 tise or sell cold storage fish as fresh fish.
1 Section 79. No person shall sell, offer or expose for sale cold storage Restrictions on
'^ -ti (• ^ • • c 11 sale ot cold
2 fish at retail more than forty-eight hours after their receipt from cold storage fish
3 storage by the retailer, unless received by him in the frozen state and ^^^^' ^^''
4 sold frozen to the consumer; except that from November first in each
5 year, to March thirty-first in the year following, halibut, salmon, sword-
6 fish, steak cod and pollock may be sold and offered or exposed for sale
7 at retail during a period of one week after the receipt from cold storage
8 by the retailer, provided that they remain in the frozen state until within
9 forty-eight hours of the time of sale.
1 Section SO. No person shall deposit or cause to be deposited in Rcstncrionson
2 cold storage for a period exceeding six months fish received from any storage fish
3 other state or country which have been previously in cold storage either ?ofd's°torage°
4 within or without this commonwealth, unless at the time of deposit such ^^^^- ^^^- ^ ^■
5 fish are plainly marked with the date of their original deposit in cold
6 storage, whether within or without this commonwealth.
1 Section 81 . The state inspector of fish shall enforce sections seventy- c<!rtain duties
2 four to eighty, inclusive, and may inspect all fish offered or exposed for spector of fish.
3 sale or kept with intent to sell and for such purpose may enter any place igllfm's 43;
4 where fish is stored, kept, offered or exposed for sale. If on inspection it f922,V38. § 1.
5 is found that such fish is tainted, diseased, corrupted, decayed, unwhole-
6 some or unfit for food from any cause, the inspector or his deputy shall
7 seize and cause the same to be destroyed forthwith or disposed of other-
8 wise than for food. All money received by the inspector or his deputy for
9 fish disposed of as aforesaid, after deducting the expense of said seizure
1108
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
and disposal, shall be paid to the owner of such fish. The director of the 10
division of fisheries and game of the department of conservation shall 11
from time to time make rules and regulations necessary for the enforce- 12
ment of sections seventy-four to eighty, inclusive. 13
General SECTION 82. Wliocver, himself or by his agent, sells, or offers or ex- 1
1919, 351. 5 12. poses for sale, or keeps with intent to sell or ofFer or expose for sale, for 2
1928! 40. '§ 1. ' food purposes fish which is tainted, diseased, corrupted, decayed, un- ,3
wholesome or unfit for food from any cause, or whoe\'er violates any 4
provision of sections seventy-four to eighty, inclusive, or of any rule or 5
regulation made under section eighty-one, or prevents, obstructs or inter- 6
feres with the state inspector of fish or his deputy in the performance of 7
his duties under said sections, or hinders, obstructs or interferes with any 8
inspection or examination by him, or secretes or removes any fish for the 9
purpose of preventing the inspection or examination of the same under 10
the preceding section, shall be punished by a fine of not more than five 11
hundred dollars or by imprisonment for not more than six months, or 12
both. 13
Sale of fresh SECTION 83. All fresh food fish sold at wholesale shall be sold by 1
nsn at whole- , r» i t ttti • i i ■ • i ii l o
sale regulated, weight at the time of delivery. Whoever violates this section shall be 2
1914, 367. punished by a fine of not less than twenty-five nor more than one hun- 3
dred dollars. 4
?f"fislf' "*'^^'' Section 84. If fish are sold by the quintal, it shall mean a quintal 1
1837, 166. ^^ . of one hundred pounds avoirdupois, and all contracts relative to fish 2
p. s. 56,' § 47.' thus sold shall be so construed. 3
R. L. 56, 5 27.
Clam bait:
contents of
barrel, etc.
1803, 155, § 7.
1838, 124.
1840, 63.
1844, 51.
1849, 48,
§§ 1,2.
G.S. 49. §60.
1867, 347, § 1.
P. S. 56. § 48.
R. L. 56, § 28.
1918, 218.
1919. 350, § 77.
Fish to be
weighed on
request or
demand.
1888, 163, § 3.
R. L. 56, § 31.
Section 85. If clam bait is sold by the barrel, "barrel" shall mean a
fish barrel of not less than twenty-eight nor more than twenty-nine
gallons, and containing twenty-six gallons of clams and not more than
three gallons of pickle. If the purchaser and seller disagree as to the
quantity in a barrel, either party may have it measured by the director
of standards or a sealer of weights and measures. If such barrel does not
contain the said number of gallons of clams, the seller shall receive pay-
ment for the number of gallons of clams it does contain, but shall pay
the expense of measuring and coopering; otherwise the purchaser shall
pay such expense.
1
2
3
4
5
6
7
8
9
10
Section 86. All fish when landed from a vessel or boat shall be 1
weighed by a public weigher of fish or his deputy, when so requested or 2
demanded by the buyer or seller of such fish or by the master, agent or 3
a majority of the crew of such vessel or boat; and said weigher shall 4
issue a certificate of weight to the seller and a duplicate to the buyer. 5
Record of
weight, etc.,
to be kept.
1888, 163, § 4.
R. L. 56, § 32,
Section 87. Each deputy shall report to such weigher the weight of 1
fish weighed by him, and the weigher shall keep a complete record of 2
such weight with the date of weighing, the name of the vessel from which 3
the fish were taken and the person for whom they were weighed. 4
wefghrng Section 88. The fees for weighing fish shall be twenty cents per one 1
r**l' se^'sVs thousand pounds, but in no case less than one dollar, and shall be paid 2
by the person applying to have the fish weighed. Each deputy shall pay 3
ClIAP. 94.] INSPECTION AND SALE OF FOOD, ETC. 1109
4 to the weigher two cents per one thousand pounds for all fish weighed
5 by him.
1 Section 88A. No person shall sell, exchange or deliver, or offer or ^j»J,'op«-^j
2 expose for sale, exchange or delivery, or have in his custody or possession oontainera,
3 with intent to sell, exchange or deliver, any scallops unless the box, carton penl.ky"''"^'^'
4 or other container thereof is plainly and conspicuously stamped, labelled ^^^"' ^'°-
5 or marked, in such a manner as not to be easily obliterated or defaced,
6 with (rt) the word "Massachusetts", followed by the name of the town
7 or of the locality where taken, if taken from waters or flats within the
8 commonwealth; or (b) the name of the state, country or province where
9 taken, if taken from waters or flats outside the commonwealth but within
10 three miles from the shore; or (c) the words " SEA SCALLOPS ", if taken
11 more than three miles from the shore.
12 Whoever, except a common carrier, fails to comply with any provision
13 of this section, or whoever falsely stamps, labels or marks such a box,
14 carton or other container, shall be punished by a fine of not less than ten
15 nor more than fifty dollars.
16 No person shall be prosecuted hereunder, in case such a box, carton or No prosecution
17 other container of scallops is stamped, labelled or marked in apparent am" isTafa^'
18 conformity herewith, whether it is the original container in which such ''"^'"^
19 scallops were shipped or delivered to him bearing the same stamp, label
20 or mark as when so shipped or deli\'ered or is a different container
21 stamped, labelled or marked by him or under his direction substantially
22 the same, in respect to the source of such scallops, as such original con-
23 tainer, if he establishes a guaranty signed by the person from whom he
24 purchased the same that the container in which the scallops were shipped
25 or delivered as aforesaid was, at the time of shipping or delivery, cor-
20 rectly stamped, labelled or marked under this section, provided that no
27 person shall be entitled to avail himself of such a guaranty if it shall
28 appear that he knew or had good cause to believe that such original
29 container was not stamped, labelled or marked as required hereby.
EGGS.
1 Section 89. Application for the carrying on of an establishment """""f '°„,
2 for the breaking and cannmg of eggs shall be made by the proprietor i9u. 325, § 1.
3 thereof to, and may be granted by, the aldermen or selectmen, or, in
4 a town having a population of more than five thousand, the board of
5 health. The application shall be written, signed and sworn to by one or
6 more of the owners or persons carrying on the business, or if a corpora-
7 tion by some authorized officer thereof, and shall state the name and
8 address of all such owners or persons, the location of the establishment
9 and the nature of the products thereof which are to be sold or used for
10 food. The board of health of a town may make and enforce such rules
11 and regulations as it deems necessary for the conduct of such establish-
12 ments, and any license therefor may be re\-oked for any \'iolation of such
13 rules and regulations, after notice to the licensee and a hearing before said
14 board. This section shall also apply to licenses for establishments men-
15 tioned in section one huudi-ed and forty-four.
1 Section 90. \Mioever carries on an establishment for the breaking or penalty for
2 canning of eggs without a license as provided in the preceding section eggr'vft'hout'
3 shall be punished by a fine of not less than ten nor more than one hun- ^^{'^^"lls, 5 2.
4 dred dollars or by imprisonment for not more than three months, or both, i^i^, 11.
1110
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Sale of eggs
taken from
cold storage
regulated.
Penalty.
1913, 538.
§§ 1.2.
1914, 545;
792, § 1.
1915, 55.
1919. 350, §
4 0p. A. G.
318.
96.
Section 91. Whenever eggs which have been in cold storage are sold
at wholesale or retail, or offered or exposed for sale, the basket, box or
other container in which the eggs are placed shall be marked plainly and
conspicuously with the words "cold storage eggs", or there shall be at-
tached to such container a placard or sign having on it the said words.
If eggs which have been in cold storage are sold at retail or offered or
exposed for sale without a container, or placed upon a counter or else-
where, a sign or placard, having the words " cold storage eggs " plainly and
conspicuously marked upon it, shall be displayed among, upon or immedi-
ately above the said eggs. The display of the words " cold storage eggs"
shall be in letters not less than one inch in height, except that the con-
tainer in which eggs sold at retail are delivered to the customer may be 12
marked in letters less than one inch in height if uncondensed gothic type 13
is used, but such letters shall in no case be less than one half inch in height. 14
All markings required by this section shall be done in a manner approved 15
by the commissioner of public health. Whoever violates this section shall 16
be punished by a fine of not less than ten nor more than five hundred 17
dollars. 18
9
10
11
Broken eggs in
cold storage,
denaturing
and marking.
1912, 652, § 8.
1914.792, § 1.
1917, 149, § 6.
1919. 350, § 96.
Section 92. Broken eggs packed in cans, if not intended for food,
shall be denatured when deposited in cold storage, and shall be marked
by the owner, in accordance with forms prescribed by the department of
public health, so as plainly to indicate that they are not to be sold for
food.
[Penalty, § 73.]
1
2
3
4
5
Decayed eggs; Section 92A. No pcrson shall scll or offer or expose for sale for food
Jlgtuated. purposes, or have in possession with intent to sell for such purposes,
i92f,"/86, § 23. eggs which, either before or after removal from the shell, are wholly or
partly decayed or decomposed, eggs in the fluid state, any part of which
is wholly or partly decayed or decomposed, eggs, in the fluid state or
otherwise, which are mixed with parts of eggs deri\ed from eggs which
are wholly or partly decayed or decomposed, or frozen masses of broken
eggs, if the mass contains eggs wholly or partly decayed or decomposed,
or which are mixed with parts of eggs taken from eggs which were wholly
or partly decayed or decomposed; nor shall any person use in the prepa- 10
ration of food products eggs which are wholly or partly decayed or de- 11
composed, or deliver or sell such eggs in or at any establishment where 12
food products are prepared or manufactured, or purchase or accept the 13
same in or at any such establishment for use in the preparation of food 14
products; but nothing in this section shall prohibit the purchase, sale 15
or possession for other than food purposes of such eggs. The depart- 16
ment of public health shall enforce this section. Violation of any pro- 17
vision of this section shall be punished by a fine of not less than ten nor IS
more than one thousand dollars, or by imprisonment for not less than 19
three months, or both. 20
chocolate.
Section 93. [Repealed, 1928, 362.]
Section 94. [Repealed, 1928, 362.]
Section 95. [Repealed, 1928, 362.]
Chap. 94.] inspection and s.\le of food, etc. 1111
FRUITS, VEGETABLES AND NUTS.
1 Section 96. Except as otherwise provided in sections ninety-eight h^" ^fj ^ "" dJ"
2 and ninety-nine and in chapter ninety-nine, or except when sold in the ii'^sure-
3 original standard container, ail fruits, nuts, vegetables and grain shall be standard __
4 sold at retail by avoirdupois weight or numerical count. The words d°f,ire'd"
5 "original standard container", as used in this section shall mean and p™afty°"^'
6 include only barrels, boxes, baskets, hampers or similar containers, the [floZl; %^ ®'
7 dimensions or capacity of which is established by law of this common- Q^^'^g'l^{ .
S wealth or by act of congress, the contents of which have not been re- ^ i; ''^j.^ci|;
9 moved or repacked by the retailer, and upon which is plainly and con- 1912, 246.
10 spicuously marked the net quantity of the contents thereof in terms of 1922! 355; 5 1.
11 weight, measure or numerical count. This section shall not apply to *op.A.G.27.
12 the sale of apples repacked under the provisions of section one hundred
13 and four nor to the sale, by the bunch, of fresh beets, onions, turnips,
14 rhubarb and other similar vegetables usually and customarily sold by
15 the bunch. Whoever violates any of the provisions of this section shall
16 be punished by a fine of not more than ten dollars.
1 Section 97. [Repealed, 1922, 355, § 8.]
1 Section 98. Baskets or other receptacles holding one quart or less Saie ot certain
2 which are used or intended to be used in the sale of strawberries, black- lated. Pe"naity.
3 berries, cherries, currants, blueberries, raspberries or gooseberries shall 1901; 327!
4 be of the capacity of one quart, one pint or one half pint, Massachusetts fgog- flj, ^ ^^•
5 standard dry measure. Said baskets or other receptacles shall not be 257*'§^2li.
6 required to be tested and sealed as provided by chapter ninety-eight, is^is. s-, 350,
7 but the sealer or deputy sealer of weights and measures of any town or 1920, 2.
8 the director of standards may, if he so desires, and shall, upon complaint,
9 test the capacity of any basket or other receptacle in which any of the
10 aforesaid fruit is sold or intended to be sold; and if the same is found to
1 1 contain less than the standard measure he shall seize the same and make
12 complaint against the vendor.
13 Whoever sells or offers for sale a basket or other receptacle holding one
14 quart or less to be used in the sale of any of the aforesaid fruit which does
15 not conform to said standard, and whoever sells or offers for sale any of
16 the aforesaid fruit in any basket or other receptacle holding one quart
17 or less which does not conform to said standard, shall be punished by a
18 fine of not less than five nor more than ten dollars.
1 Section 99. Berries, except cranberries, when sold shall, subject to same subject.
2 the preceding section, be measured by the strike or level measure. isoi', 238! § 1.
G. S. 49. § 62. 1918, 257, § 225. 1920, 2.
P. S. 60, § 19. 1919, 5. 1922, 355, 5 2.
R. L. 57, § 23.
1 Section 99A. The Massachusetts standard box for farm produce Massachusetts
2 sold at wholesale, except as otherwise provided, shall contain two thou- and hau box
3 sand one hundred fifty and forty-two one hundredths cubic inches and p°odu™soid
4 shall be of the following dimensions by inside measurements: seventeen r^'guf^j'^X'*
5 and one half inches in length by seventeen and one half inches in width f^^f^J^g
6 and seven and one sixteenth inches in depth. The Massachusetts
7 standard half box for farm produce sold at wholesale shall contain one
8 thousand seventy-five and twenty-one one hundredths cubic inches and
1112
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
shall be of the following dimensions by inside measurements: twelve and 9
three eighths inches in length by twelve and three eighths inches in width 10
and seven and one sixteenth inches in depth. \Yhen the above specified 11
boxes are made of wood the ends shall be not less than five eightlis 12
inches in thickness and the sides and bottom'not less than three eighths 13
inches in thickness. All such boxes and half boxes of the dimensions 14
specified herein shall be marked on at least one outer side in bold, un- 15
condensed capital letters, not less than one inch in height: — Standard 16
Box Farm Produce, — and, — • Standard Half Box Farm Produce, — ■ 17
respectively. Whoever marks or otherwise represents any box or half 18
box to be a standard box or half box for the sale of farm produce at whole- 19
sale shall, unless such box or half box complies with every specification 20
and requirement of this section, be punished by a fine of not more than 21
fifty dollars. The director of standards in the department of labor and 22
industries, his inspectors and the sealers and deputy sealers of weights 23
and measures in cities and towns shall enforce the provisions of this 24
section. . 25
standard
barrel and bos
for applos.
1915, 261, § 1.
APPLES.
Section 100. The standard barrel for apples shall be of the following 1
dimensions when measured without distention of its parts: length of 2
stave, twenty-eight and one half inches; diameter of heads, seventeen 3
and one eighth inches; distance between heads, twenty-six inches; cir- 4
cumference of bulge, sixty-four inches, outside measurement; and the 5
thickness of staves not greater than four tenths of an inch; provided, 6
that any barrel of a different form having a capacity of seven thousand 7
and fifty-six cubic inches shall be a standard barrel. 8
The standard box for apples shall be of the following dimensions by 9
inside measurement: eighteen inches by eleven and one half inches by 10
ten and one half inches, without distention of its parts; and shall have all
capacity of not less than two thousand one hundred and seventy-three 12
and one half cubic inches. 13
Establishment,
etc.. of official
grades.
1915, 261, § 2.
1916, 63, § 1.
1926, 264, § 1.
1928, 180, § 1.
1931, 194.
Section 101. The commissioner of agriculture shall establish and 1
promulgate official grades of apples packed or repacked within the com- 2
monwealth, and may from time to time amend or modify such grades. 3
Before establishing, amending or modifying any such grades, the com- 4
missioner shall consult with growers and shippers of apples relative to 5
proposed grades, or, upon written petition of fifty or more growers 6
producing annually an aggregate of not less than one hundred thousand 7
bushels of apples, the commissioner shall, after reasonable notice, 8
specifying the date, place and purpose of the proposed hearing, hold a 9
public hearing for the purpose of obtaining information with a view to 10
establishing, or amending. or modifying, as the case may be, such official 11
grades. The grades so established and promulgated shall include grades 12
identical in name and requirements with all grades or standards of 13
apples as promulgated, from time to time, by the secretary of agriculture 14
of the United States and commonly known as the United States grades. 15
Marlcing, etc.,
of closed
packages
regulated.
igi."), 261,
S5 4-U.
1917. 13.
19 IS. 268,
§§1,4.
Section 102. Each closed package of apples packed or repacked 1
within the commonwealth and intended for sale witiiin or witiiout the 2
commonwealth, shall be marked or branded at the time of packing, 3
repacking or closing with a statement of the name and legal address of 4
the person by whose authority the apples were packed, the true name 5
Chap. 94.] inspection and sale of food, etc. 1113
6 of the variety, and the minimum size or numerical count of the apples vnp. sso,
7 contained therein. If the true name of the variety is not known to the g. L.'ccd. of
8 packer or other person by whose authority the apples are packed, the §§'}o3-t'o5.
9 statement shall include the words "variety unknown". Each closed |^^2.'4.'^'
10 package of apples packed or repacked within the commonwealth and 5§^|;|®*'
11 intended for sale in foreign countries shall also be marked or branded j|^f J^^' ^^■
12 with a statement of such official grade designation applicable thereto
13 as may be established and promulgated under section one hundred and
14 one.
1 Section 103. Each closed package of apples packed or repacked fg^^fg^^^'^'-
2 within the commonwealth and intended for sale within the United States
3 may be marked or branded with a statement of an official grade desig-
4 nation established and promulgated under section one hundred and one.
5 Closed packages of apples not marked or branded with an official grade
6 designation at the time of packing, repacking or closing, may be so
7 marked or branded at any subsequent time if there is submitted by the
8 owner of said packages to the commissioner of agriculture at least three
9 days prior to the sale of such packages a notice in writing stating the
10 location and approximate number of such packages and the official
11 grade designation marked or branded thereupon.
1 Section 104. No open package of apples shall be marked or branded ^^"'''g'"^' ''*''••
2 or have affixed thereto any brand, label, mark or stencil which purports packages
3 to state or describe the grade or quality of the apples contained therein, 1924, 119', 5 3.
4 except that any such package may be marked or branded with an official
5 grade designation if all provisions of section one hundred and two are
6 complied with.
1 Section 105. For the purposes of sections one hundred to one hun- Apples packed
2 dred and nine, inclusive, apples packed in closed or open, packages shall open°packages
3 be deemed to be misbranded: branded"when.
4 First. If any closed package is packed or repacked in the common- }?^l[ ^^]; J^^-
5 wealth and fails to bear all statements required by section one hundred i9|0) 9*^ § lo^-
6 and two, or if any open package is marked or branded and faOs to bear
7 all statements required under section one hundred and four.
8 Second. If any package, whether packed or repacked within or with-
9 out the commonwealth, is falsely branded or bears any statement, de-
10 sign or device regarding the apples contained therein which is false or
11 misleading, or if any package bears any statement, design or device
12 indicating that the apples contained therein are of a specified grade
13 established and promulgated under section one hundred and one, and
14 said apples, when packed or repacked, do not conform to the require-
1.5 ments prescribed for such grade, or if any package bears any statement,
16 design or device, other than an official grade designation, describing the
17 grade or quality of the apples therein.
1 Section 106. The commissioner of agriculture shall make and may commissioner
2 modify rules and regulations for enforcing sections one hundred to one rafesTnd'
3 hundred and nine, inclusive, and shall, either in person or by his assist- enwr^'enain
4 ant, have free access at all reasonable hours to each building or other fg^s.^aei!'
5 place where apples are packed, stored, sold, or offered or exposed for |^/gi'2g|_
6 sale. He may also, in person or by his assistant, open each box, barrel Hjig-'l-jg'
7 or other container, and upon tendering the market price, may take as 51 34, 35.'
1114
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
G L. (ed. of a sample such container, with or without its contents, or any apples 8
1920) 94, § 110. ,\ c q
1931, 194. therefrom. ->
Enforcement
of §§ 100-105
and 108.
Prosecutions.
Hearings.
1918, 169, § 3;
268, §§ 1.4.
1919, 3.50,
§§ 34, 35.
G. L. (ed. of
1920) 94, § 111.
1926, 264, § 5.
1931, 194.
Section 107. The commissioner of agriculture and his duly author-
ized assistants shall have authority to enforce sections one hundred to
one hundred and five, inclusive, and one hundred and eight, and to
prosecute all violations thereof. Before any prosecution is begun by
the commissioner of agriculture or any of his duly authorized assistants
the parties concerned shall be gi^'en an opportunity to be heard before
the said commissioner or a person designated by him for such purpose.
The parties concerned shall be given reasonable notice of the hearing,
specifying the day, hour and place thereof and accompanied by a descrip-
tion of the alleged violation. Such hearings shall be governed by rules 10
and regulations prescribed by said commissioner. 11
Penalties for
misbranding,
etc., apples,
and for ob-
structing, etc.,
commissioner,
etc.
1915, 261,
§§7, 14.
1918, 169, § 2.
G. L. (ed. of
1920)94, § 112.
1926.35;
264, § 6.
1931, 194.
Op. A. G.
(1918) 11.
Section 108. Whoever, himself or by his servant or agent, mis-
brands apples within the meaning of section one hundred and five, or
packs, repacks, sells, distributes or offers or exposes for sale or distribu-
tion apples which are misbranded, or packs, repacks, sells, distributes
or offers for sale or distribution apples in closed or open packages so
packed or repacked that the faced or shown surface gi\'es a false repre-
sentation of the color, size or quality of the other apples in the package,
or packs, repacks, sells, distributes, offers or exposes for sale or distribu-
tion apples otherwise in violation of any provision of sections one hun-
dred and one to one hundred and eight, inclusive, or wilfully alters,
effaces or removes, or causes to be altered, effaced or removed, wholly 11
or partly, any brands or marks put upon any package of apples under 12
authority of said sections, shall be punished for the first offence by a 13
fine of not more than fifty dollars, and for a subsequent offence by a 14
fine of not more than two hundred dollars. Whoever obstructs or hinders 15
the commissioner of agriculture or any of his assistants in the performance 16
of his duties under sections one hundred and one to one hundred and 17
seven, inclusive, shall be punished by a fine of not less than ten nor 18
more than one hundred dollars. 19
9
10
Certain ex-
emptions from
penalties for
misbranding,
etc., apples.
Liability for
acts of dis-
tributor in
certain cases.
1915, 261. § 15.
G. L. (ed. of
1920) 94, § 113.
1926, 2U4, § 7.
1931. 194.
Op. A. G.
(1918) 11.
Section 109. No person who sells or distributes or offers or exposes
for sale or distribution apples misbranded within the meaning of section
one hundred and five, or apples in closed or open packages so packed
or repacked that the faced or shown surface gives a false representation
of the contents of the package, shall be deemed to have violated the
provisions of sections one hundred and one to one hundred and eight,
inclusive, relative thereto, if it appears that he acted in good faith solely
as a distributor and that he was not a party to the packing and grading
of the apples in question, or if he furnishes a guaranty signed by the
person from whom he received the apples, together with the address of 10
such person, that the apples are not misbranded within the meaning of 1 1
said section one hundred and five and that they are not so packed or 12
repacked that the faced or shown surface gives a false representation of i:?
the contents of the package. In such case, the person from whom the 14
distributor received the apples shall be liable for the acts of the dis- 15
tributor, if he relied upon the guaranty, to the same extent that the 1(5
distributor would have been liable under said sections one hundred and 17
one to one hundred and nine, inclusive. 18
Chap. 94.] inspection and sale op food, etc. 1115
1 Section 110. [Repealed, 1931, 194.]
1 Section 111. [Repealed, 1931, 194.]
1 Section 112. [Repealed, 1931, 194.]
1 Section 113. [Repealed, 1931, 194.]
1 Section 114. [Repealed, 1931, 194.]
cranberries.
1 Section 115. The legal and standard barrel for cranberries shall fna^^ra'tt^or"'
2 measure not less than twenty-five and one fourth inches between the ^"^"'^'JJ^^;'''^-
3 heads, inside; the length of the staves shall be twenty-eight and one half p. s'eo,' § 20.
4 inches; the diameter of the head shall be not less than si.xteen and one r l'. 57, § 24.
5 fourth inches, including the bevelled edge; the outside bulge circum- IIT.'s."*'
6 ference shall measure not less than fifty-eight and one half inches; the Js'u.l^'stL^'
7 thickness of the staves shall be not greater than foiu- tenths of an inch. »' ^- ii^e.
8 The legal and standard crate for cranberries shall measure seven and
9 one half inches, by twelve inches, by twenty-two inches, inside, exclu-
10 sive of any interior partition or support, and shall have an interior
11 capacity of one thousand nine hundred and eighty cubic inches; but
12 any square or oblong crate or box of different form, but of as great in-
13 terior capacity, shall be considered a legal and standard crate.
1 Section 116. Each barrel, crate, one half crate or one quarter crate Provisions as
2 used for the sale or delivery of cranberries shall be of the standard meas- cmtes"'^'^ '""^
3 ure prescribed in this or the preceding section, and shall be marked as f|g4'VJii.
4 therein required. No person shall use any barrel, crate, one half crate fgosfos^^*'
5 or one quarter crate for such sale or delivery, the capacity of which is ims! 209,
6 less than that of the corresponding standard package prescribed in the §u.'2.
7 preceding section. Sealers of weights and measures shall enforce this at l.', lisef'
8 and the preceding section. Whoever violates any provision of this or the
9 preceding section shall be punished by a fine of not more than one hun-
10 dred dollars.
11 It shall be lawful to use for the sale and delivery of cranberries, square
12 or oblong packages which contain one half crate or one quarter crate,
13 provided that such packages have an interior capacity, exclusive of any
14 partition or support, of nine hundred and ninety and of four hundred
15 and ninety-five cubic inches, respectively. No barrel, crate, one half
16 crate or one quarter crate, intended to be used for the sale or delivery of
17 cranberries, except of the standard measure specified in this section, and
18 plainly marked with the words "Massachusetts Standard Measure",
19 shall be manufactured or sold. No person shall so mark any barrel or
20 other package so used, or intended to be used, unless its interior capacity
21 is as great as the capacity herein specified for such package.
22 Nothing in this or the preceding section shall prohibit the use of third,
23 half and three quarter barrels, as provided by United States law.
1 Section 117. It shall be lawful to use for the sale and delivery of ff<Jnbirriea in
2 cranberries packages containing one, two or four pounds of cranberries, p^J^^I^q 5 3_
3 net weight; provided, that said net weight is plainly stamped on the top
4 or side of each package.
1116
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Grades and
standards for
certain farm
products, es-
tablishment,
etc. Brands
or labels, use
regulated.
1922, 438, 5 1-
1927, 270.
1928, 57.
FARM PRODUCTS.
Section 117A. The commissioner of agriculture, in this and the five
following sections called the commissioner, may establish and promul-
gate official grades and standards for farm products, except apples and
milk, produced within the commonwealth for the purposes of sale, and
may from time to time amend or modify such grades and standards.
Before establishing, amending or modifying any such grades or standards
the commissioner shall hold public hearings in such places within the com-
monwealth as he shall deem proper. Notice of such hearings shall be
advertised in a newspaper or newspapers of general circulation within the
coimty where the hearing is to be held for three successive weeks prior
thereto, and shall specify the date and place of each hearing and that it
is to be held for the purpose of obtaining information with a view to
establishing grades or standards for such farm products, if deemed ad-
visable. The commissioner may determine or design brands or labels for
identifying such farm products packed in accordance with official grades
and standards established as aforesaid, and may cause to be printed said
brands or labels and may dispose of or cause the disposition of the same
at reasonable prices. A written application to the commissioner request-
ing permission to use said brands or labels and a written authorization
thereof by the commissioner or a duly authorized assistant shall be a
condition precedent to the use of such brands or labels. The commissioner
may revoke or suspend the right to use such brands or labels determined
as aforesaid whenever it appears on investigation and after a subsequent
hearing before said commissioner or authorized assistant that such brands
or labels have been used to identify such farm products not in fact con-
forming to the grade or standard indicated.
1
2
3
■4
5
G
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Notice of es-
tablishment,
etc., of grades,
brands, etc.
1922, 438, § 1.
1927, 270.
Section 117B. Upon the establishment of such grades or standards 1
and upon the proper determination of brands or labels, all in accordance 2
with the provisions of section one hundred and seventeen A, notice 3
thereof shall be published for three successive weeks in three newspapers 4
stating the grades and standards so established and the brands or labels 5
so determined, and the date on which such establishment or determi- 6
nation is to take effect. The commissioner shall distribute information 7
relative to the grades and standards so established and the brands or 8
labels so determined. 9
Unlawful use
of brands or
labels
penalized.
1922, 43S, § 1.
1927, 270.
1931, 175.
Section 117C. After notice of the establishment of grades and 1
standards and the determination of brands or labels as provided in the 2
two preceding sections, it shall be unlawful to use an official grade desig- 3
nation in connection with the sale of such farm products without using 4
the brand or label determined as aforesaid for such grade and standard, 5
or to use such a brand or label unless the farm product bearing the brand 6
or label is in fact of the grade or standard so established, or to use such 7
a brand or label before the authorization of the use of, or after the revo- 8
cation or during suspension of the right to use, such brand or label, by 9
the commissioner. Any violation of this section shall be punished for a 10
first offence by a fine of not more than fifty dollars and for a subsequent 1 1
offence by a fine of not more than two hundred dollars. Whoever ob- 12
structs or hinders the commissioner or any of his assistants in the per- L3
formance of his duties under sections one hundred and seventeen A to 14
ClIAP. 94.] INSPECTION A^^) SALE OF FOOD, ETC. 1117
15 one hundred and seventeen F, inclusive, shall be punished by a fine of not
16 less than ten nor more than one huiidretl dollars.
1 Section 117D. The commissioner may employ inspectors to inspect inspection of
J. kJl^^-ll>J•1 , , , , , , 1 1 11 1 • J -il farm products,
2 such farm products marked, branded or labelled in accordance with etc. Certis-
3 official grades or standards established and promulgated by the commis- fateci^to^be
4 sioner, for the purpose of determining and certif.\'ing the quality and P"irnco?ote.
5 condition thereof and other material facts relative thereto. Certificates jn^^, «s, § i.
6 issued in pursuance of such inspection and executed by the inspector sliall
7 state the date and place of inspection, the grade, standard, condition, and
8 approximate quality of the farm products inspected and any other per-
9 tinent facts that the commissioner may require. Such a certificate and all
10 federal certificates relative to the condition or quality of said farm prod-
11 ucts shall be prima facie evidence in all courts of the commonwealth of the
12 facts required as aforesaid to be stated therein.
1 Section 117E. The commissioner mav prescribe rules and regulations Rules and
i kJiJ^- 1 ivj.-. i i . ij _ ,1- regulations.
2 for carrying out the purposes of sections one hundred and seventeen A to 1922, 438. § 1.
3 one hundred and seventeen F, inclusive, including the fixing of fees for ^^-''- "
4 inspections.
1 Section 117F. The commissioner, in person or by deputy, shall have Powers of
1 M 1* xi 1 I • conujussioner
2 free access at all reasonable hours to any building or other place wherein of .igricuiture,
3 it is reasonably believed that farm products marked, branded or labelled i!,22, 438, § i.
4 in accordance with official grades or standards established and promiil- i^"' "o-
5 gated by the commissioner are being marketed or held for commercial
6 purposes. He shall also have power in person or by deputy to open any
7 bags, crates, or other containers containing said farm products and
8 examine the contents thereof, and may, upon tendering the market price,
9 take samples therefrom.
slaughter houses.
1 Section 118. The proprietor of each slaughter house, canning, salt- siau|^tej^^
2 ing, smoking or rendering establishment, and of each establishment used li^ensed.^ ^ ^^
3 for the manufacture of sausages or chopped meat of any kind, who is isgsUoe; §3."
99.
4 engaged in the slaughter of neat cattle, sheep or swine, the meat or prod- r.7;. 75.'§
5 uct of which is to be sold or used for food, shall annually in April apply l^l^^""''- =*^^'
6 for a license to the aldermen of the city or to the selectmen or, in a town isj Mass. sm.
7 having a population of more than five thousand, to the board of health,
8 if any, of the town where such slaughter house or establishment is located.
9 The application shall be in writing signed and sworn to by one or more
10 of the owners or persons carrying on such business, or, if a corporation,
11 by some authorized officer thereof, shall state the name and address of
12 all the owners or persons carrying on said business, the location of the
13 slaughter house or establishment, the estimated number of neat cattle,
14 sheep or swine to be slaughtered per week, the days of the week upon
15 which they are to be slaughtered and the nature of the products thereof
16 to be sold or used for food.
1 Section 119. The aldermen, selectmen, or such other officers as issueof
2 they shall designate, or, in a town having a population of more than five ii^^^rd^^ Fee.^
3 thousand, the board of health, if any, may annually issue licenses to carry ill,.,; 496; 5 4/
4 on the business of slaughtering neat cattle, sheep or swine to applicants ^^%:*f,\\lo.
1118
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
llii 79^' I f therefor. Except as provided in the two following sections, the fee for 5
1919! 35o', § 96. each license shall be one dollar. The license shall name the persons 6
isf mms! 565. licensed to conduct such business, and the building or establishment where 7
250 mIH: 570. it is to be carried on, and it shall continue in force until May first of the 8
[Penalty, 5 134.1 year next ensuing, unless sooner forfeited or rendered void. A record 9
shall be kept by the board or officers authorized to issue such licenses of 10
all applications for licenses under the preceding section and of all licenses 11
issued, which shall be evidence of the issue of any such license. Such 12
board or officers shall annually, on or before June first, send to the depart- 13
ment of public health a copy of each application made to them under the 14
preceding section and of their action thereon, together with a list of the 15
names and addresses of all persons who, although engaged in the business 16
named in said section on the preceding April thirtieth, failed to make 17
application for a license. 18
License fee for
small towns.
1916, 153.
Section 120. In to-^vais having less than ten thousand inhabitants
which accept this section or have accepted corresponding provisions
of earlier laws at any annual town meeting, the annual license fee for
carrying on the business of slaughtering neat cattle, sheep or swine shall
be such sum not exceeding one hundred dollars as the selectmen fix.
Additional
fees in cer-
tain towns
regulated.
1924, 496, § 2.
Section 120A. A town which accepts this section may, in addition to 1
the annual fee under section one hundred and nineteen or one hundred 2
and twenty for a license to carry on the business of slaughtering neat 3
cattle, sheep or swine, require the payment by the licensee of a further 4
fee of not exceeding one dollar for each animal slaughtered under such 5
license, but such further fee shall not be required for any animal slaugh- 6
tered under federal inspection. Additional fees pro\ided for under this 7
section shall be paid to the town treasurer at such times and in such 8
manner as the selectmen by vote determine. This section shall not apply 9
to cities. 10
General powers
and duties of
district health
officers, etc.
1908, 329, § 4.
1914. 792,
§§ 1.5.
1919, 350, § 96.
250 Mass. 570.
Section 121. The district health officers in their respective districts,
and the inspectors appointed by the department of public health for
duties relative to the sale of food and drugs, shall have the same rights,
powers and authority for and m respect of the inspection, seizure and
disposition of all carcasses, meats and provisions which are tainted,
diseased, corrupted, decayed, unwholesome, or from any cause unfit for
food, or the sale of which for food is milawful, as are conferred by sections
one hundred and twenty-six and one hundred and forty-six, or otherwise
by law, upon boards of health of towns or their inspectors in respect of
the articles specified in said sections, together with power to prosecute all 10
offences relating thereto. 1 1
Certain powers
and duties of
certain in-
spectors, etc.
1908, 329, § 2.
1914, 792,
§§ 1,5,
Section 122. The department of public health and its inspectors, 1
the district health officers and all local boards of health and their in- 2
spcctors, officers, agents and assistants in their respective districts, shall 3
have and exercise the same powers and duties in and for the enforcement 4
25oVass! 570°' of scctions oue hundred and twenty-one to one hundred and twenty-four, 5
inclusive, one hundred and thirty-three and one hundred and thirty- 6
eight as are conferred or imposed by law upon any local board of health, 7
inspector, officer, agent or assistant in respect of any other article or sub- 8
stance the sale or use of which for food is unlawful or proliibited; and 9
they shall seize any carcass or part or product thereof described in sec- 10
ChAI'. 94.] INSPECTION AND SALE OF FOOD, ETC. 1119
11 tion one hundred and thirty-eight, and cause the same to be destroyed
12 forthwith or disposed of otherwise than for food; and all moneys re-
13 ceived by the said department or by any local board of health for any
ll property so disposed of, after deducting the expenses of such seizure and
15 disposal, shall be paid to the owner of such property, if known.
1 Section 123. Inspectors, officers, agents and assistants mentioned ^"^"^0 vllit
2 in the preceding section shall visit and keep under observation each 5Qo'J'o2Pq'"i''q
3 place within their respective districts where neat cattle, sheep, swine or
4 other animals intended for slaughter or for sale or use as food are de-
5 livered from transportation, and shall have at all times free access to
6 each such place and to each railroad train or car or other vehicle in which
7 such animals are transported, to prevent, detect and punish violations of
8 said sections.
1 Section 124. All slaughter houses shall be under the supervision of paTtmmtof''"
2 the department of public health and subject to inspection by district ^"er'SauSht'er
3 health officers in their respective districts. houses.
1908,329,5 5. 1914, 792, §§ 1, 5. 1919,350,196. 250 Mass. 570.
1 Section 125. No licensee under section one hundred and nineteen slaughtering
2 shall slaughter or cause to be slaughtered at his slaughter house or es- ism, 491, § 19.
3 tablishment animals on any days other than those specified in the appli- r.^l. 75^'§\oi.
4 cation for such license, or except in the presence of a member of the lll]\^f^' ^ ^'•
5 local board of health or of an inspector appointed therefor by said board ; 250 Mass. 570.
6 but he may at any time change the days for slaughtering animals, by [Penalty, 5 134.1
7 giving at least seven days' WTitten notice thereof to the board or officer
8 authorized to issue such licenses, who shall immediately give written
9 notice of the change to such inspector.
1 Section 126. An inspector appointed by the local board of health, inspection of
2 or member of such board of health acting as such inspector, shall be 5l94?l9T, 5 20.
3 present at each licensed slaughter house or establishment upon each day Jf ^£; 75®'§\S2
4 when slaughtering is allowed by law to be carried on therein and shall i-jji. 297, 1 4
5 carefully examine the carcasses of all animals at the time of slaughter. 1919! 27; '350,
6 Such inspection shall be made in such manner and under such rules and 250 Mass. 570.
7 regulations as the department of public health may determine and direct. [Penalty, § 134.]
8 If, in the opinion of such inspector or member, any carcass, or any meat
9 or product thereof is diseased, corrupted, unwholesome or unfit for food,
10 he shall seize it and cause it to be destroyed, as provided in section one
11 hundred and forty-six.
1 Section 127. In a slaughtering establishment wherein inspection Certain car-
2 and branding are not carried on under the rules and regulations for the stamped or"
3 inspection of live stock and other products, established by the United iSoi^'Soi,
4 States department of agriculture in accordance with acts of congress, ^^ ]■ ^5 5 J03.
5 the carcasses of animals slaughtered under sections one hundred and i;|o-j' iU,-,-
6 eighteen, one hundred and nineteen, one hundred and twenty-five and iwm. hi.
7 one hundred and twenty-sue shall at the time of slaughter, if not con- 1914! aoe';
8 demned, be stamped or branded by the inspector thereof in like manner 19T9. 3.50. § 96
9 as those inspected by the United States bureau of animal industry for Ijq Mass! 570!
10 interstate commerce by a stamp or brand designed for the purpose by the
11 department of public health, which shall be furnished by it to the board
12 of health of a town applying therefor. Each package containing meats
102.
4.
§ 1.
55.
1120
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
so stamped or branded by the inspector as aforesaid, before it has been 13
shipped from the slaughtering establishment, shall have properly secured 14
to it a tag bearing the words "Massachusetts, Inspected, Passed", which 15
tag may be so attached by the licensee. Such stamps and tags shall be 16
uniform in design throughout the commonwealth, but shall contain the 17
name of the town where used. IS
Appointment,
compensation,
etc., of certain
inspectors.
1911, 297, I 6;
634, § 2.
1914, 792, § 1.
1918,268, § 1.
1919. 350,
§§34, 37,96.
1931.426, §215.
Section 128. For the purposes of sections one hundred and nineteen, 1
one hundred and twenty-five to one hundred and twenty-seven, inclu- 2
sive, and one hundred and forty-seven, said inspectors shall be appointed 3
and compensated, and may be removed, in the manner pro\ided for 4
inspectors of animals, under sections fifteen to seventeen, inclusive, of 5
chapter one hundred and twenty-nine, except that in respect to such first 6
named inspectors, local boards of health and the department of public 7
health shall perform the duties and exercise the authority imposed by 8
said sections upon the mayor or selectmen and upon the director of 9
animal industry, respecti\'ely, as to inspectors of animals. 10
Section 129. Carcasses of animals slaughtered under sections one 1
hundred and eighteen, one hundred and nineteen and one hundred and 2
twenty-five to one hundred and twenty-seven, inclusive, and not stamped 3
or branded as provided in section one hundred and twenty-seven, shall 4
be deemed unfit for human food and shall not be sold or offered for sale. 5
Penalty for SECTION 130. WTiocvcr sells, or offers for sale, or has in his possession 1
stamped'or "°' with intent to sell, a carcass or any part thereof required by section one 2
caSses!'"'"'^ hundred and twenty-seven to be stamped or branded, and which has not 3
R.°L. 75!'§\o4. been stamped or branded as therein provided, or whoever, not being a 4
wol; 22o: § 1.' member of a local board of health or a duly appointed inspector, stamps 5
i909j^4jj' ^^g or brands a carcass or any part thereof required by said section to be 6
stamped or branded, or whoever being a member of a board of health or 7
a duly appointed inspector permits or allows the use of his stamp or 8
brand by one not a member of a board of health or a duly appointed in- 9
spector, or whoever counterfeits any stamp or brand required by section 10
one hundred and twenty-seven, or whoever stamps or brands any carcass 11
or any part thereof with any counterfeit stamp or brand, shall be pun- 12
ished by a fine of not more than one hundred dollars or by imprisonment 13
for not more than two months, or both. 14
Carcasses of
certain animals
deemed unfit
for food.
1901, 391, I 3.
R. L. 7.5. § 104.
1902, 312. § 1.
1903, 220. § 1.
1909, 476.
Branding, etc.,
of carcasses of
neat cattle,
etc., slaugh-
tered without
the com-
monwealth.
"Official in-
spector" de-
fined.
1912, 248, § 1.
214 Mass. 19.
Section 131. Carcasses of neat cattle, sheep or swine slaughtered 1
without the commonwealth shall be deemed unfit for human food and 2
shall not be sold or ofl'ered for sale unless they have been inspected at 3
the time of slaughter by an official inspector, and unless, if not con- 4
demned, they have been stampetl or branded by said inspector in like 5
manner as those inspected by the United States bureau of animal in- 6
dustry for interstate commerce. By "official inspector" is meant one 7
ai)pointed or approved either (a) by the bureau of animal industry of 8
the United States department of agriculture; or (b) by the department 9
of health or similar body of the state where the animals are slaughtered; 10
or (c) by the local board of health of the town where the animals are 11
slaughtered. The stamp used by inspectors other than those of the 12
bureau of animal industry of the United States department of agricul- 13
ture shall indicate in letters not less than one fourth of an inch high the 14
name of the town where the animals are slaughtered. 15
Chap. 94.] inspection and sale of food, etc. 1121
1 Section 132. Whoever sells or offers for sale, or has in his possession Penalty for^
2 with intent to sell, a carcass, or any part thereof, required by the preced- cert'ain u'n-°
3 ing section to he stamped or branded and which has not been stamped or ca8s"s°'' ''""
4 branded as therein provided, shall be punished by a fine of not more ^^'■'^' -**• 5 1-
5 than one hundred dollars or by imprisonment for not more than two
6 months, or both.
1 Section 133. Sections one hundred and eighteen, one hundred and f;;'{fouse5^."^''"
2 nineteen, one hundred and twenty-five to one hundred and twenty-seven, jsw. 49i, | 21.
3 inclusi^'e, one hundred and twenty-nine and one hundred and thirty, shall R.^l'. 75/§ 10^5.
4 not apply to a person not engaged in the slaughtering business, who, 1903; 220; 1 2.
5 upon his own premises and not in a slaughter house, slaughters his own 1912:248; §2!
6 neat cattle, sheep or swine, but the carcass of any such animal, intended lloVats! 570.
7 for sale, shall be inspected, and, unless condemned, shall be stamped [Penalty, § 134.1
8 or branded under section one hundred and twenty-seven by an inspector
9 at the time of slaughter.
1 Section 134. Whoever violates any provision of sections one hun- General
2 dred and nineteen, one hundred and twenty-five, one hundred and i§94. 491, § 22.
3 twenty-six and one hundred and thirty-three shall be punished by a fine Jf "£• f^\\oQ.
4 of not more than fi\e hundred dollars or by imprisomuent for not more
5 than two months, or both.
1 Section 135. Whoever, being engaged in the business of slaughter- Penalty tor
2 ing neat cattle, sheep or swine, without a license slaughters the same or It't'^.^without
3 knowingly authorizes or causes the same to be slaughtered with intent is94!49i, 1 22.
4 to sell the meat or product thereof for food, or, having such license, Ji*'^' f g^'j^oe.
5 slaughters or knowingly authorizes or causes to be slaughtered any neat 250 Mass. 570.
6 cattle, sheep or swine without causing the carcass thereof to be inspected
7 as provided in section one hundred and twenty-six, or sells or authorizes
8 or causes to be sold any carcass or the meat or product thereof knowing
9 that such carcass has not been inspected according to sections one hun-
in dred and twenty-sLx and one hundred and thirty-three, or, except as
11 pro\ided in section one hundred and thirty-three, slaughters or know-
12 ingly authorizes or causes to be slaughtered any neat cattle, sheep or
13 swine upon his own premises, being other than a slaughter house or es-
14 tablishment mentioned in section one hundred and eighteen, without
15 causing the carcass of such animal to be inspected, or sells or authorizes
16 or causes to be sold the carcass or any meat or product thereof of any
17 such animal slaughtered upon his own premises, knowing that the same
18 has not been inspected as pro\-ided in section one hundred and thirty-
19 three, shall be punished by a fine of not more than five hundred dollars
20 or by imprisonment for not more than two months, or both.
1 Section 136. WTioever, being authorized or licensed to slaughter in Possession of
2 a town, has in possession either himself or by his agent the dressed or caLeLVro-"
3 plucked carcass, or any part thereof, of a bird or animal which has died a penait'y.
4 natural death shall be punished by a fine of not more than one hundred 1912. 467.
5 dollars.
1 Section 137. A conviction under section one hundred and thirty- Conviction
2 four or one hundred and thirty-fi\-e of any person licensed under section "oi±" '""^^
3 one hundred and nineteen shall render his license void, and no new r.^l. 75!'5 w?!
1122
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
license shall be granted to him for the balance of the term of the license 4
so rendered void. 5
Sale, etc., of
certain car-
casses pro-
hibited.
Penalty.
190S. 329. § 1.
250 Mass. 570.
Section 1.38. Whoever sells, offers or exposes for sale or delivers or 1
causes or authorizes to be sold, ofl'ered or exposed for sale or delivered for 2
use as food the carcass, or any part or product thereof, of any animal 3
which has come to its death in any manner or by any means other than 4
by slaughter or killing while in a healthy condition, or which at the time 5
of its death was unfit for use as food, by reason of disease, exhaustion, 6
abuse, neglect or otherwise, or the carcass, or any part or product thereof, 7
of any calf weighing less than forty pounds when dressed, with head, feet, 8
hide and entrails removed, shall be punished by a fine of not more than 9
two hundred dollars or by imprisonment for not more than six months. 10
Certain pro-
visions of law
not affected.
1909, 474.
Section 1.39. Sections one hundred and twenty-one to one hundred
and twenty-four, inclusive, one hundred and thirty-three and one hun-
dred and thirt\-eight shall not affect section one hundred and forty-
seven; provided, that said first mentioned sections shall not permit the
sale, offering for sale, or keeping with intent to sell, for food, of meat
infected m any degree with tuberculosis or other disease.
Appointment.
1815, 99, § 1.
R. S. 28, § 36.
G. S. 49, §3.
P. S. 60, § 1.
R. L. 57, § 1.
Fees.
1S15, 99, § 3.
R. S. 28, I 38.
G. S. 49, §4.
P. S. 60, § 2.
R. L. 57, 5 2.
WEIGHERS OF BEEF.
Section 140. In each town where beef cattle are sold for the pur- 1
pose of marketing or barrelling, the mayor or selectmen shall appoint one 2
or more persons, conveniently situated in such town and not dealers in 3
cattle, as weighers of beef. Each such weigher shall be sworn to the 4
faithful performance of his duties. 5
Section 141. Fees for weighing cattle shall be paid by the vendor 1
and shall be twenty cents for each of the first five cattle, fifteen cents for 2
each of the second five, ten cents each from the eleventh to the twentieth, 3
inclusive, and five cents for each above twenty; also twelve and one half 4
cents for each certificate, which shall contain the weight of each of the 5
cattle weighed for one person unless the vendor requests a division thereof. 6
Adulteration of
sausages, etc.
1898, 193.
R. L. 213, §9-
1913,650, § 1.
1914, 634,
§8 2, 5.
1917,78.
1923, 425, I 1.
SAUSAGES.
Section 142. For the purposes of this and the following section, 1
sausage or sausage meat shall be deemed to be adulterated : 2
First. If it contains any cereal or vegetable flour or any product 3
thereof in excess of two per cent, except as authorized by section one 4
hundred and forty-three A; 5
Second. If it contains any coloring matter, or any substance injuri- 6
ous or deleterious to health; 7
Third. If it contains water in excess of an amount sufficient to make 8
the product palatable and to facilitate mixing and placing in casings; 9
Fourth. If it contains, except as casing, the organs of the thoracic 10
and abdominal cavities or any part thereof, except hearts, tripe and 11
liver; 12
Fifth. If it contains any diseased, contaminated, filthy or decom- 13
posed substance; or if it is manufactured, in wiiole or in j)art from, or 14
contains a substance produced, stored, transported or kept in a way or 15
manner that would render the article diseased, contaminated or un- 16
Chap. 94.] inspection and sale of food, etc. 1123
17 wholesome; or if it is the product of a diseased animal or the product of
18 any animal which has died otherwise than by slaughter.
1 Section 143. No person shall manufacture, sell, or offer or expose saie, etc., of
2 for sale, sausages or sausage meat containing any material or substance ^egSutiid.
3 which would render the same adulterated within the meaning of section figlYoa.
4 one hundred and forty-two. Whoever violates any provision of this ^ ,!- Hf^- ^ ^■
5 section shall be punished by a fine of not more than one hundred dollars. §§ 2, 3.
1914, 634, §5 3-5. 1930, 318.
1 Section 143A. Nothing in this chapter shall prevent the sale or the sa^?^.^eto. of
2 offering or exposing for sale of vegetable sausages as such, if such sau- sa^s^Je/^
3 sages contain not less than twenty per cent of vegetables or vegetable \923Ti2l. § 2.
4 products and are otherwise made in conformity with the provisions of
5 this chapter; provided, that such sausages are sold, offered or exposed
6 for sale under their own distinctive name.
1 Section 144. Each application for a license for carrying on an estab- License^to^^
2 lishment for the manufacture of sausages and chopped meat of any kind ^^"^"*||j ^
3 shall be made, and any license granted therefor shall be granted, under 1 ■ • ■
4 section eighty-nine. The board of health of a town may make and en-
5 force such rules and regulations as it deems necessary for the conduct of
6 such establishments, and any license therefor may be revoked for any
7 violation of such rules and regulations, after notice to the licensee and
8 a hearing before said board.
1 Section 145. AYhoever carries on an establishment for the manu- Penalty
. » I'l'ij.!' 'or making
2 facture of sausages or chopped meat 01 any kind witliout a hcense as sHu.s.^ges, etc.,
3 provided in the preceding section shall be punished by a fine of not less ueense.' "
4 than ten nor more than one hundred dollars or by imprisonment for not }|5}|; H^' ^ ^■
5 more than three months, or both. ^^'^' ^^■
6 This section shall not apply to retail dealers in chopped meats and
7 unsmoked sausages who manufacture the same for their retail trade.
inspection and sale of meat, etc.
1 Section 146. Each local board of health by themselves, their officers inspection^^
2 or agents, may inspect the carcasses of all slaughtered animals and all Regulations as
3 meat, fish, vegetables, produce, fruit or provisions of any kind found in food'for sale"
4 their town, and all veal found, offered or exposed for sale or kept with Js72: Isi] ^ ^'
5 intent to sell therein, and for such purpose may enter any place where fl^llg,
6 such carcasses or articles are stored, kept or exposed for sale. If, in its f|/g'_^igo_
7 opinion, said veal is that of a calf less than four weeks old when killed, §§2,'3 '
8 or if on inspection it is found that said carcasses or articles are tainted, 3; 208. 52
9 diseased, corrupted, decayed, unwholesome or unfit for food from any }i94;49i;
10 cause, the said board shall seize and cause the same to be destroyed flgg^^s, 8 20.
11 forthwith or disposed of otherwise than for food. All money received by «■ l^ss.
12 said board for property disposed of as aforesaid, after deducting the }|g^; j^f;
13 expenses of said seizure and disposal, shall be paid to the owner of such §|ji,''2^g', g^g
14 property. If said board seizes or condemns any such carcass or meat §§ r,'2. 4.'
15 because affected with a contagious disease, it shall immediately give 792, '§ f. '
16 notice to the director of animal industry stating the name of the owner 55'|9i'4*
17 or person in whose possession it was found, the nature of the disease and los^Mass. 602.
18 the disposition made of said meat or carcass.
1124
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
4 Op A. G.
16, 100, 390,
637.
[Penalty, § 38J
Local boards of health, subject to the approval of the department of
public health, may make and enforce reasonable rules and regulations
as to the conditions under which all articles of food may be kept or
exposed for sale, in order to prevent contamination thereof and injury
to the public health. Before such a board of health submits such rules
and regulations to said department for approval, said board shall hold a
public hearing thereon, of which notice shall be given by publication for
two successive weeks, the first publication to be at least fourteen days
prior to the date of the hearing, in a newspaper published in such town.
Any person affected by such rules and regulations, in the form in which
they are presented to said department for approval, may appeal to said
department for a further hearing, and said department shall not grant
its approval to rules and regulations concerning which such an appeal
has been taken until it has held a public hearing thereon, advertised in
the manner above set forth. No regulation adopted in accordance with
this section shall be construed as preventing the exposure of food articles
for sale at retail in the Boston "market limits", as defined in the ordi-
nances of Boston, on Saturdays or on the day immediately preceding
any holiday observed in Boston, but no area in said "market limits",
where food articles on June sixth, nineteen hundred and fourteen, were
not allowed to be exposed for sale at retail on these days, shall be occu-
pied for the exposure of food articles without a permit from the board
of health.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
3.5
36
37
38
39
40
41
Regulations
for inspection
of meat.
1898, 451, § 2.
1899, 408, § 9.
R. L. 90, § 7.
1911,297, § 1.
Section 147. The department of public health may make regula-
tions for the inspection of meat, which shall conform to the regulations
of the United States bureau of animal industry for the inspection of meat
for export and for interstate commerce.
1914, 792, § 1. 1919, 350, § 96.
Regulations
for inspection,
etc., of
game, etc.
Penalty.
1929, 106.
Section 147A. The department of public health may make regula- 1
tions for the inspection of game, poultry, and other meat except that of 2
cattle, sheep or swine, intended for sale or exchange for use as food, and 3
as to the conditions under which such game, poultry and other meat 4
may be handled, stored, sold or exchanged. Whoever violates any pro- 5
vision of such a regulation shall be punished by a fine of not more than 6
fifty dollars. 7
Penalties.
1907, 243.
1912, 608,
§§ 1,2,4.
1914, 627;
792, § 1.
1919, 350,
§§39-41, 44,
Section 148. Whoever violates any rule or regulation of a local 1
board of health which is approved by the department of public health 2
shall be punished by a fine of not more than one hundred dollars. 3
Failure to give a notice required by section one hundred and forty- 4
six to be given by a board of health to the director of animal industry 5
shall be punished as provided in section twenty-eight of chapter one 6
hundred and twenty-nine. 7
wltrc'el'tain Section 149. Whoever prevents, obstructs or interferes with a local 1
pmaUzed board of health, its officers or agents, in the performance of its duties 2
1894, 491, § 13. as provided in section one hundred and fortv-six, or hinders, obstructs 3
K. L. 50, 3 72. :„ ., . . • * • ^ ' _l1 a
1908, 411, § 3. or interferes with any inspection or examination by it or them, or se- 4
cretes or removes any carcass, meat, fish, vegetables, fruit or provisions 5
of any kind, for the purpose of preventing the inspection or examination 6
of the same under sections one hundred and forty-six, one hundred and 7
fifty to one hundred and fifty-three, inclusive, shall be punished by a fine 8
Chap. 94.] inspection and sale of food, etc. 1125
9 of not more than one hundred dollars or by imprisonment for not more
10 than two months, or both.
1 Section 150. Whoever, himself or by his agent, sells or offers for saic. etc., of
2 sale for food or drink any diseased animal or product thereof or any f'o°od''p™a°ii^ed.
3 tainted, diseased, corrupt, decayed or unwholesome carcass, meat, vege- ^''^g' fgj § ^
4 table, produce, fruit or provisions of any kind, except when packed in ^s??' 231' Is
5 such a container that upon reasonable inspection the condition of the js^s! 29 § 5
6 contents thereof cannot be ascertained, without making the condition p s.'ss, § s; '
7 of the thing sold or offered for sale fully known to the buyer, shall be isoi, 491, § 15.
S pimished by a fine of not more than two hundred dollars or by imprison- 1907,' 293. ^^'
9 mcnt for not more than six months, or botli.
1913, 687. 1927, 46. 1928, 10, § 2. 1 Pick. 524.
1 Section 150A. Whoever knowingly exposes for sale or has in posses- Exposing for
2 sion with intent to sell, for food or drink, anything described in the pre- unwholesome
3 ceding section shall be punished by a fine of not more than one hundred Exreptions^'''''
4 dollars, or by imprisonment for not more than sixty days, or both. This '^^'' '**''• ^ ^''■
5 section shall not apply to a wholesale dealer who has in his possession
6 fruit or vegetables in the original package with intent to disclose fully •
7 to the purchaser the partly decayed condition thereof.
1 Section 151. Whoever kills or causes to be killed or knowingly sells, Saie, etc., of
2 oflFers or ex-poses for sale or has in his possession with intent to sell for penai'ized!''
3 food the veal of a calf killed when less than four weeks old shall be pun- g.^|; lol; § 2.
4 ished by a fine of not more than one hundred dollars or by imprisonment }|^| Hf 1 5-
5 for not more than two months, or both.
1875, 29, § 5. P. S. 208, § 2. R. L. 56, § 74.
1876, 180, § 5. 1894, 491, § 15. 97 Mass. 567.
1 Section 152. The board of health of the town where any animal or Boards ot
2 property has been condemned under section one hundred and forty-six dSs'e pubu-
3 may cause a description of the place in which such condemned property certaln'facts.
4 was found, the name of each person in whose possession it was found and HH' 29*'§^6^'
5 the name of each person convicted of an offence under the three preceding l^'^i- }^°i i^-
/> • 1 I I* 1 1 • 1 1* 1 1 • 1 " p. te. 58. 9 b.
b sections to be published in two newspapers published in the county where i894, 491, § la.
71 P J R. L. 56, § 75.
such property was lound.
1931. 426, § 74.
1 Section 153. Whoever knowingly sells or exposes for sale dead ^ouitr''*''re °u-
2 poultry, before it has been properly dressed by the removal of the crop '^'«d
3 and entrails if they contain food, shall be punished by a fine of not less' isss, 230.
4 than five nor more than fifty dollars. Each local board of health shall r. l'. sg, § 76.
5 cause this section to be enforced in its town.
canned goods and MOLAS.SES.
1 Section 154. Canned articles of food shall not be offered for sale Canned goods
2 unless marked to indicate the grade or quality thereof and the name and 1897° 344'! § 4.
3 address of the person who packed or sells them. ^' ^' ^^' ^ ^^"
1 Section 155. All canned articles of food which have been prepared banned foaked
2 from dry products and have been soaked before canning shall be plainly eoo'^'' and
3 marked by an adhesive label having on its face the word "soaked" in 1897,-344, §5.
RT7S6 2^
4 letters of legible type not smaller than two line pica. AH cans, jugs and 1910,' 528, § 2.'
1126
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
False stamp-
ing, etc., of
cans, etc., and
wrongful use
of word
"kosher",
etc., penalized.
Enforcement
of section
regulated,
1882, 263, § 7.
1897, 344, § 6.
R. L. 75, § 24.
1905, 236.
1906, 305.
1913, 795.
1916, 58.
1929, 103.
other packages containing molasses shall be plainly marked by an ad- 5
hesive label having on its face in the English language in letters of the 6
size and description aforesaid the name and address of the person wlio 7
made and prepared the same together with the name and quality of the 8
ingredients thereof. 9
Section 156. Whoever falsely stamps or labels any can, jar or other 1
package containing fruit or food of any kind, or permits such stamping 2
or labelling or violates either of the two preceding sections, or whoever 3
sells or exposes for sale any meat or meat product or any food contain- 4
ing meat ingredients or prepared with meat substance or meat fat and 5
falsely represents the same to be kosher or as having been prepared in 6
accordance with the orthodox Hebrew religious requirements either by 7
direct statements, orally or in writing, or by the display of the word 8
"kosher" in any language or by the display of any sign or mark in 9
simulation of such word, or by the display of any insignia, six-pointed 10
star or any mark which might reasonably be calculated to decei\'e or 11
lead a reasonable person to believe that a representation is being made 12
that the food sold is kosher or prepared in accordance with the orthodox 13
Hebrew religious requirements, or whoever sells or exposes for sale 14
both kosher and non-kosher meat or meat products or food containing 15
meat ingredients or prepared with meat substance or meat fat, and at 16
the same time displays a sign on his door or window or anywhere in front 17
of his place of business where such food products are sold bearing the 18
word "kosher" in any language or any sign or mark in simulation of 19
such word or of any insignia, six-pointed star or any mark which might 20
reasonably be calculated to lead a reasonable person to believe that the 21
food sold in such place is kosher or prepared in accordance with the 22
orthodox Hebrew religious requirements, and who fails to display on 23
his window-signs and all display ad\-ertising in block letters at least 24
four inches in height "non-kosher food also sold here", shall be pun- 25
ished by a fine of not less than twenty-fi\e nor more than five hundred 26
dollars; and whoever knowingly sells such goods so falsely stamped or 27
labelled shall be punished by a fine of not less than ten nor more than 28
one hundred dollars. 29
This section shall be enforced by the local board of health, and for 30
such purpose any person designated by it shall ha\e the right to enter 31
at any reasonable time during business hours upon premises where 32
food represented to be kosher is sold or exposed for sale and inspect such 33
food. 34
Sale of ice at
retail regulated.
Penalty.
1900, 448.
R. L. 57, § 44.
1918, 257,
§230.
1919, 5.
1920, 2.
ICE.
Section 157. Whoever, being engaged in the business of selling ice
at retail, and not engaged in the delivery of the same under a contract,
refuses to sell from any place or vehicle engaged in the regular distribu-
tion of ice at retail a piece of ice at the fair value thereof to any person
other than an ice dealer, shall, if such person tenders in payment there-
for the amount of five cents or any multiple thereof not more than fifty
cents in legal money of the United States, be punished by a fine of not
more than one hunflred dollars.
provide Icaies, Section 158. A dealer in ice, who refuses or neglects to provide I
Usts'etc'^,"'^'' scales for each vehicle used by him for the retail delivery of ice, or who 2
penalized. ncglccts to fumish to the sealer of weights and measures of each city or 3
Chap. 94.] inspection and sale of food, etc. 1127
4 town in which he conducts business a list of the current prices of ice isqo, 276,
5 sold by him at retail, shall be punished by a fine of not more than fifty r^ l. 57, 5 45.
6 dollars.
1918.257, §231. 1920,2.
1919, 5. 1926, 122, § 1.
1 Section 1.59. WTioever having charge of the retail delivery of ice Failure to
2 from a vehicle neglects to keep conspicuously posted upon each side of vehi<-?e"?'e\c.?
3 the vehicle the current retail prices of ice sold by him, or refuses or ?|Sg,''l?8; 5 2.
4 neglects to sell the same by weight, or refuses to weigh the same upon fg^^- g^ 5 46.
5 request of the purchaser, shall be punished by a fine of not more than 5 232.
6 fifty dollars.
1919. 5. 1920, 2. 1926, 122, § 2.
1 Section 160. I'he department of public health,. upon written com- impure ice.
2 plaint of not less than twenty-five consumers of ice cut from any pond r.*l'. if.'i^sl'.
3 or stream and sold or held for sale, alleging that said ice is impure and }^}|; ^^5; | Jg.
4 injurious to health, after notice to the parties interested of the time and
5 place appointed for the hearing, and after hearing said parties, may make
6 such orders relative to the sale of said ice as in its judgment the public
7 health requires.
1 Section 161. Orders made under the preceding section shall be Enforcement
2 served upon any person selling or oiTering for sale impure ice, and may department of
3 be enforced in equity by the supreme judicial or superior court. ""
1886. 287, §§ 2, 3. R. L. 75, § 60.
1 Section 162. 'Whoever is aggrieved by any order made under section Appeaif^rom
2 one hundred and sixty may appeal therefrom in the manner prescribed i886,°287r§ 3.
3 by section one huntlred and forty-seven of chapter one hundred and ^- ^' ''^' ^ ®^"
4 eleven, and shall be subject to sections one hundred and forty-eight and
5 one hundred and forty-nine of said chapter, and the court may award
6 costs in its discretion.
vinegar.
1 Section 163. Vinegar is hereby defined as being the result of alco- Definition
2 holic and subsequent acetous fermentation of natural fruit juices or whe/deemed
3 vegetable products. Vinegar shall contain no added or artificial coloring issi'.^n?! § 2.
4 matter, and shall contain not less than four grams of acetic acid in each |f**^; ^^^5 67.
5 one hundred cubic centimeters. If \nnegar contains any added or i9}i| ^00. § 2.
6 artificial coloring matter, or less than the required amount of acidity, or isie. isb.
7 if it is other than the product of alcoholic and subsequent acetous fer-
8 mentation of natural fruit juices or vegetable products, it shall be
9 deemed to be adulterated.
1 Section 164. The methods for the examination of vinegar shall be Methods of
2 those adopted by the Association of Official Agricultural Chemists. regXted'.°°
3 When no such methods are applicable, such additional methods as are ap- \l\l] iso;
4 proved by the department of public health and published in its bulletin J|jJ|; ^| j j gg,
5 shall be employed.
1922, 206.
1 Section 16.5. No manufacturer or producer of, or wholesale dealer cider vinegar,
2 in, vinegar shall, by himself or by his servant or agent, use a cask, barrel JiSar, etc.
3 or other container for the sale, offering for sale, exchange or delivery of be°marked. "
4 vinegar, or have such vinegar in possession in any cask, barrel or other |^°^p\^o„.
1128
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
1911, 600, 5 3.
1915, 1S8.
1931, 289.
261 Mass. 86.
container with intent to sell, offer for sale, exchange or deliver such 5
vinegar therein, unless the container is plainly marked with the name 6
and place of business of such manufacturer, producer or wholesale 7
dealer, the kind of vinegar contained therein and the substances from 8
which it is made and unless the following additional requirements as to 9
the marking and labelling of the container are complied with: — If the 10
vinegar is cider vinegar diluted to legal strength, the container shall be 11
distinctly and conspicuously labelled, "Diluted to Legal Strength" or 12
by other like words indicating such fact. Each compound, mixture or 13
blend of vinegar shall be marked with the word "compound" or "mix- 14
ture", together with a statement of its constituents and the percentage 15
of each constituent. The principal label, including the word "com- 16
pound" or "mixture", if used on vinegar in wooden packages, shall be in 17
Roman letters not 'less than one inch high, properly spaced and in 18
straight parallel lines Muth no more than two inches of space between 19
each line. The marking of vinegar in other containers than wooden 20
packages shall be governed by sections one hundred and eighty-six and 21
one hundred and eighty-seven. Violation of any provision of this section 22
shall be punished by a fine of not more than one hundred dollars. This 2.3
section shall not apply to undiluted cider vinegar. 24
Section 166. The collection of samples of vinegar, as authorized by
Collection of
vinegar etc., scctioH three hundrcd and four, shall be made under the direction and
1917, 193, § 1. supervision of the department of public health or by local boards of
' health. Samples may be purchased in the open market, and the stencil-
lings, tags, brands or other markings upon the container shall be noted
Samples shall be divided into two substantially equal parts of at least
sufficient volume to permit of a proper analysis as required by law, and
at the time of the taking of the samples there shall be delivered to the
owner or other person from whom the vinegar is taken one of the two
above mentioned parts properly labelled with identifying marks and 10
sealed with a seal, provided for that purpose, and a receipt therefor 11
shall be given to the inspector or collector. 12
Examination
of samples, etc.
191S, 137.
1919, 350, § 96.
Section 167. Samples of vinegar taken under authority of law shall 1
be examined by the department of public health or by boards of health 2
of towns. If it then appears that any sample is misbranded or adulter- 3
ated, the department of public health, or the board of health of a town, 4
as the case may be, need not cause formal complaint to be entered at 5
once, but shall grant the opportunity for a hearing under section one 6
hundred and eighty-nine. 7
porse'ss'io'n of SECTION 168. Whocvcr makcs, causes to be made, uses or has in his 1
imitation, posscssion, an imitation or counterfeit of a seal used by an inspector or 2
1917, 193, § 2. other officer engaged in the inspection of vinegar, and whoever changes 3
or tampers with a sample taken or sealed as provided in section one 4
hundred and sixty-six, shall be punislied by a fine of not more than 5
one hundred dollars or by imprisonment for not more than six months, 6
or both. 7
Enforcement
of penalties.
1880, 113, §2.
P. S. 60, § 71.
1883, 257, § 2.
1884, 307, § 3.
R. L. 57, § 69.
Section 169. Each officer or person whose duty it is to enforce the 1
laws relating to food and milk, shall enforce the laws relating to vinegar, 2
and all laws relating to food shall apply to vinegar so far as they arc 3
applicable. 4
1911, 600, §§ 4, 5.
Chap. 94.] inspection and sale of food, etc. 1129
1 Section 170. Each person who manufactures, offers or exposes for Penalty for
2 sale any vinegar found upon proper tests to contain any preparation of S'.milg!'etc^.'°^'
3 lead, copper, sulphuric acid or other ingredient injurious to health, shall vmeg"r°"°
4 be punished by a fine of not less than one hundred dollars. ^^so, us. s 2.
p. S. 60, § 70. R. L. 57, § 68.
1 Section 171. Whoever himself or by his servant or agent sells, ex- Penalty for
2 changes or delivers or has in his custody or possession with intent so to Idu'ufrate'd'
3 do, or exposes or offers for sale or exchange adulterated vinegar, or who- 1880^/13, § 1.
4 ever labels, brands or sells as cider vinegar or as apple vinegar, any vin- fgg|- 1"'^^ 69.
5 egar not the exclusive product of the alcoholic and subsequent acetous l?^*'|°^'
6 fermentation of the pure juice of fresh apples, shall be punished by a fine R- l. 57, § ee.
7 of not more than one hundred dollars.
CERTAIN STANDARDS.
1 Section 172. The barrel shall contain thirty-one and one half gal- J^gg'^aJ*^
2 Ions and the hogshead two barrels, provided that in barrels and frac- is94. i98,§2.
3 tional parts thereof containing malt beverages a variation or tolerance of 1914,' 525.
4 six per cent shall be permitted.
1 Section 173. [Repealed, 1922, 355, § 8.]
1 Section 174. A cental or hundredweight shall be one hundred fg™o,*i58, 5 1.
2 pounds.
p. S. 60, § 22. 1888, 414, § 2. R. L. 62, § 5.
1 Section 175. A barrel of flour, measured by weight, shall contain Barrel of flour.
2 one hundred and ninety-six pounds. *'' *'
R. L. 62, §3. 1902,115. 1911,397. 38 U. S. Sts. at L., 1186.
SALES BY WEIGHT.
1 Section 176. "Weight" in a sale of commodities by weight shall P^^^J^J.^"?? °'
2 mean the net weight of all commodities so .sold; and contracts concern- ^S^^^%,
3 ing such sales shall be so construed ; provided, that in respect to commod- R."s.' so. '§ 25.'
4 ities not intended for food or fuel reasonable tolerances or variations shall p. s. 65,' § 27.'
5 be permitted in accordance with established trade customs. Violation foil; fl^^ ^®'
6 hereof shall be punished by a fine of not more than one hundred dollars. lg\j_ 14
128 Mass. 585.
1 Section 177. Except as otherwise provided by section two hundred Penalty for
2 and forty-eight, v/hoever himself or by his servant or agent gives or weight or
3 attempts to give false or insufficient weight or measure shall be punished igOTTsli.
4 for the first offence by a fine of not more than fifty dollars, for the second {923; 155, § 3.
5 offence by a fine of not more than two hundred dollars, and for a subse- |}| j^^^^; 349
6 quent offence by a fine of fifty dollars and by imprisonment for not less
7 than one nor more than three months.
1 Section 178. Each public weigher of goods or commodities shall ^^ggj^g'' ^^^
2 weigh them according to section one hundred and seventy-six, and shall are public
3 certify accordingly; and for each refusal or neglect he shall forfeit not i826. i2i. §2.
4 more than ten dollars. Each weigher of goods appointed by a town, and 27. ' '
5 each weigher for hire or reward, shall be a public weigher hereunder. p. |. |i,' Ht
R. L. 62, § 40.
1130
INSPECTION AND SALE OF FOOD, ETC.
[Chap. 94.
Certain courts
to have juris-
diction over
prosecutions
concerning
false weichts
and measures.
Section 179. [Repealed, 1931, 426, § 11.]
Section 180. Complaints and prosecutions for violations of law
relating to the use or giving of false or insufficient weight or measure
nia.y be commenced and prosecuted in a court having jurisdiction of the
place to which the goods are shipped.
1914, 387.
MARKING OF PACKAGES CONTAINING FOOD.
Section 181. Subject to the variations, tolerances and exemptions
provided for by the following section, no person shall himself or by his
agent or servant sell or offer for sale food in package form unless the net
quantity of the contents is plainly and conspicuously marked on the
1919.' 35o! § 77. outside of the package in terms of weight, measure or numerical count.
" ■ This section shall not apply to retail sales of food made from bulk if the
Net quantity
contained in
food packages
to be marked
thereon.
1914, G53,
§§ 1,4. 7.
1918. 218. § 1.
cjuantity is weighed, measured or counted at the time of such sale by
the retailer, nor to the sale of milk, cream or buttermilk in glass jars, as
provided by section fifteen of chapter ninety-eight.
The director of standards shall enforce this and the three following 10
sections. 1 1
Tolerances
and exemp-
tions.
1914. 653, § 2.
1918. 218, § 1.
1919, 350, § 77.
Section 182. The director of standards shall adopt the variations, 1,
tolerances and exemptions established, or hereafter established, by rules 2
and regulations provided for by section three of the act of congress 3
mentioned in section one hiuidred and ninety-two, with such further 4
reasonable variations, tolerances and exemptions not covered by the 5
rules and regulations of said section as he deems expedient. 6
mt%3, § 6. Section 183. 'WTioever violates any provision of section one hun- 1
dred and eighty-one shall for the first offence be punished by a fine of 2
not less than ten nor more than fifty dollars, and for a subsequent offence 3
by a fine of not less than twenty-five nor more than one himdred dollars. 4
Section 184. Prosecutions under the preceding section shall not be
commenced until the party concerned is notified and given an opportunity
to be heard before the director of standards. No dealer shall be prose-
cuted thereunder if he establishes a guaranty, signed by the wholesaler.
Hearing before
prosecution.
Prosecution of
guarantor.
1914, 653,
§§5,8.
1918, 218, § 1.
4 Op! A. G. 618! jobber, manufacturer, dealer or other person residing in the United States,
from whom he purchased such articles, that they are correctly marked
or labelled under section one hundred and eighty-one, designating it, and
containing the name and address of such vendor, but in that case such
guarantor shall be liable to prosecution and to the penalties provided by
section one hundred and eighty-three. If section one hundred and eighty-
one has been violated and the guarantor is without the commonwealth, 11
no action shall be brought, but the director of standards shall report the 12
facts to the proper national authorities. 13
pad<a"el°etc.. Section 1S4A. UpoH cach package, bottle or other receptacle hold-
m/d'irfncTOn- '"g any proprietary or patent medicine, or proprietary or patent food
Iitur"'^ «"ain preparation, containing aicoliol, morphine, codeine, opium, heroin, chloro-
Prnaity. f omi , Cannabis indica, chloral hvdrate or ncctanilide, or an\' derivative or
r.xccptions. • *
1921. 486, § 25. preparation of any such substance, there shall be a label upon which shall
be printed, in type not smaller than eight point (brevier) capitals, a
1
2
3
4
5
6
7
8
9
10
Chap. 94.] adulteration and misbranding of food and drugs. 1131
7 correct statement of the quantity or proportion of each of said substances
8 therein contained; provided, that if the size of the package, bottle or
9 other receptacle will not permit the use of such type, the size thereof
10 may be reduced proportionately. Whoever manufactures, sells, or offers
11 for sale any medicine or food preparation in violation of this section shall
12 be punished by a fine of not less than five nor more than one hundred
13 dollars; but no dealer shall be prosecuted hereunder if the article is
14 marked as it was when purchased by him and he can establish a guaranty
15 signed by the wholesaler, jobber or manufacturer, residing in this com-
16 monwealth, from whom he purchases such article, to the effect that the
17 same is correctly marked as required by this section, designating it. Such
IS guaranty, to afford protection, shall contain the names and addresses
19 of the parties making the sale of such articles to such dealer.
adulteration and misbranding of food and drugs.
1 Section 185. [Repealed, 1921, 486, § 26.]
1 Section 1S5A. Sections one hundred and eighty-six to one hundred ^ora^ppUcabr"
2 and ninety-five, inclusive, shall not apply to ice cream. *°'°'' "''*'"•
1927, 278, § 2.
1 Section 186. For the purposes of sections one hundred and eighty- Adulteration of
2 six to one hundred and ninety-five, inclusive, an article shall be deemed defined.
„.,,,,,, •' 1882, 263, § 3.
3 to be adulterated : i884, 2S9,
4 In the case of a drug: First, If a drug sold under or by a name recog- fl/y, 344, § 3.
5 nized in the United States pharmacopoeia or national formulary differs y°L'.75!§i8.
6 from the standards of strength, quality or purity, as determined by the lojo. 528, § ^
7 test, if any, laid down in the United States pharmacopoeia or national \fff°^''
8 formulary official at the time of investigation; provided, that no drug ms^^ijiie.
9 defined in the United States pharmacopoeia or national formulary shall be
10 deemed to be adulterated hereunder if the standard of strength, quality
11 or purity thereof is plainly stated upon the bottle, box or other container
12 thereof delivered to the customer, although such standard may differ
13 from that determined by the test, if any, laid down in the United States
14 pharmacopoeia or national formulary. Second, If its strength or purity
15 falls below the professed standard or quality under which it is sold.
16 In the case of confectionery: If it contains terra alba, barytes, paraf-
17 fin, talc, chrome yellow or other mineral substance or poisonous color or
18 flavor, or other ingredient deleterious or detrimental to health, or any
19 vinous, malt or spirituous liquor or compound or narcotic drug.
20 In the case of food : First, If any substance has been mixed and packed
21 with it so as to reduce or lower or injuriously affect its quality or strength.
22 Second, If any substance has been substituted wholly or in part for the
23 article. Third, If any valuable constituent of the article has been wholly
24 or in part abstracted. Fourth, If it is mixed, colored, powdered, coated
25 or stained in a manner whereby damage or inferiority is concealed. Fifth,
26 If it contains any added poisonous or other deleterious ingredient which
27 may render such article injurious to health; provided, that when in the
28 preparation of food products for shipment they are preserved by any
29 external application applied in such manner that the preservative is nec-
30 essarily removed mechanically, or by maceration in water, or otherwise,
31 and directions for the removal of said preservative are printed on the
32 covering of the package, sections one hundred and eighty-six to one
1132
ADULTERATION AND MISBRANDING OF FOOD AND DRUGS. [ClIAP. 94.
" Misbranded"
Term defined
when applied
to drugs and
food. When
not to be
deemed adul-
terated, etc.
1901, 396,
§§ 1-3, 5.
R. L. 75. § 19.
1906, 386, § 2.
1907, 259, § 3.
1917, 208,
§§8, 12.
3 Op. A. G.
180,
hundred and ninety-five, inclusive, shall be construed as applying only 33
when said products are ready for consumption. Sixth, If it consists in 34
whole or in part of a filthy, decomposed, or putrid animal or vegetable 35
substance, or any portion of an animal which is unfit for food, whether 36
manufactured or not, or if it is the product of a diseased animal, or one 37
that has died otherwise than by slaughter. Seventh, If the carcass or 38
parts of the carcass of any animal shall be inflated with gas or air. 39
Section 187. The term "misbranded" as used in sections one hun- 1
dred and eighty-six to one hundred and ninety-five, inclusive, shall 2
apply to each drug, or article of food, or article which enters into the 3
composition of food, the package or label of which bears any statement, 4
design or device regarding such article or the ingredients or substance 5
contained therein, which is false or misleading in any particular, and 6
also to any food or drug product which is falsely branded as to the state 7
or country where it was manufactured or produced. 8
For the purposes of said sections an article shall also be deemed to be 9
misbranded: 10
In the case of a drug: First, If it is an imitation of or offered for 11
sale under the name of another article. Second, If the contents of the 12
package as originally put up have been removed, in whole or in part, 13
and other contents placed therein, or if the package fails to bear a state- 14
ment on the label of the quantity or proportion of any alcohol, mor- 15
phine, opium, codeine, cocaine, heroin, alpha or beta cucaine, chloro- 16
form, cannabis indica, chloral hydrate, or acetanilide, or any derivative 17
or preparation of any such substances contained therein. Third, If its 18
package or label bears or contains any false and fraudulent statement, 19
design or device regarding the curative or therapeutic effect of such 20
article, or of any of the ingredients or substances contained therein. 21
In the case of food: First, If it is an imitation of or offered for sale 22
under the distinctive name of another article. Second, If it is labelled 23
or branded so as to deceive or mislead the purchaser, or purports to be a 24
foreign product when not so, or if the contents of the package as orig- 25
inally put up have been removed in whole or in part, and other contents 26
placed therein, or if it fails to bear a statement on the label of the quan- 27
tity or proportion of any morphine, opium, codeine, cocaine, heroin, 28
alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or 29
acetanilide, or any derivative or preparation of any such substance, 30
contained therein; provided, that nothing in this paragraph shall apply 31
to the repacking of highly perishable foodstuff's, such as fresh fruit, 32
fresh vegetables or eggs. Third, If the package containing it or its 33
label bears any statement, design or device regarding the ingredients or 34
the substances contained therein which is false or misleading in any 35
particular; provided, that an article of food which does not contain any 36
added poisonous or deleterious ingredients shall not be deemed to be 37
adulterated or misbranded in the following cases: (1) In the case of 38
articles which are mixtures or compounds which are now or hereafter 39
may be knowTi as articles of food under their owii distinctive names and 40
not an imitation of or offered for sale under the distinctive name of 41
another article, if the name be accompanied on the same label or brand 42
with a statement of the place where said article was manufactured or 43
produced. (2) In the case of articles labelled, branded or tagged so as 44
to indicate plainly that they are compounds, imitations, or blends, if 45
the word "compound", "imitation", or "blend", as the case may be, 46
Chap. 94.] adulteration anu misbranding of food and drugs. 1133
47 is plainly stated on the package in which it is offered for sale; provided,
48 that the term "blend" as used herein shall be construed to mean a
49 mixture of like substances, not excluding harmless coloring or flavoring
50 ingredients used for the purposes of coloring and flavoring only; and
51 provided, that nothing in sections one hundred and eighty-six to one
52 hundred and ninety-five, inclusive, shall be construed as requiring or
5.3 compelling proprietors or manufacturers of proprietary foods which
54 contain no unwholesome added ingredient to disclose their trade formu-
55 las, except in so far as any provision of said sections may require in
56 order to secure freedom from adulteration or misbranding.
1 Section 188. The collection of samples under sections one hundred f^^^'^f^'^^f"^
2 and eighty-six to one hundred and ninety-five, inclusive, and three food. 1'^=^^ ^
3 hundred and four may be made by authorized agents of the depart- r^^l'. ^s^'^^ai'.
4 ment of public health or of boards of health of towns. Samples may be igu! 792] § 1.
5 purchased in the open market, and if in bulk and the sample is taken §5 4,' 12. '
6 from the original package, carton, wrapper or other container in the "'^' ^^°' ^ ^*^-
7 presence of such authorized agent, the marks, brands or tags upon such
8 container, and the accompanying printed or written matter shall be
9 noted by such agent, who shall also note the name of the vendor by
10 whom tiie sale was made, together with the date of the purchase. If
11 practicable, samples shall be collected in duplicate, or divided into two
12 substantially equal parts, and each part shall be labelled with identify-
13 ing marks. One of such parts or samples shall be delivered to the person
14 from whom they were taken, or, if a guaranty has been given, such part
15 or sample shall be sent to the guarantor. The other part or sample
16 shall be sent to the laboratory of the department or board taking the
17 sample, if said board maintains a laboratory. Parts of samples divided
18 as hereinbefore provided shall be sealed by said agent, at the time of
19 the taking thereof, as provided by the regulations of the department of
20 public health, with a seal provided for that purpose. Whenever it is
21 impracticable either to collect more than one sample or to divide the
22 same, such sample shall be sent to the laboratory of the department or
23 board taking the sample, if said board maintains a laboratory.
1 Section 189. Examination of samples of food and drugs in order to Examination
2 determine by analysis or test whether such articles are adulterated or whlm'mSe.''
3 misbranded within the meaning of sections one hundred and eighty-six complaints.
4 to one hundred and ninety-five, inclusive, shall be made under the direc- J^}^; log] ^ ^'
5 tion and supervision of the department or board taking such samples |^i|,3|o!^§96.
6 as provided in the preceding section; and if it shall appear from such 1925! 42.'
7 examination that any of the samples are so adulterated or misbranded,
8 the commissioner of public health or the local board of health need not
9 cause formal complaint to be entered at once, but shall in the case of
10 misbranding, and may in the case of adulteration, cause reasonable
11 notice thereof, together with a copy of the results of such analysis or
12 test, to be given to the party from whom the sample was obtained, to
13 the guarantor, if any, and to the party, if any, whose name appears upon.
14 the label as manufacturer, packer, producer, wholesaler, retailer or
15 other dealer. Before any formal complaint is entered, any person so
16 notified shall be given an opportunity to be heard before any person
17 designated by the commissioner of public health or local board of health
18 taking the sample, under such rules and regulations as the department
19 of public health prescribes. Such notice shall specify the date, hour
1134
ADULTERATION AND MISBRANDING OF FOOD AND DRUGS. [ClIAP. 94.
and place of hearing, and the parties interested therein may appear in 20
person or by attorney. If it is decided that the party whose name ap- 21
pears upon the label, or the guarantor, shall be notified, and such party 22
or guarantor resides without the commonwealth, the notice shall be sent 23
by mail to such address as, with due diligence, may be obtained. If 24
after such opportunity to be heard it appears that any provision of sec- 25
tions one hundred and eighty-six to one hundred and ninety-five, in- 26
elusive, has been violated, the department of public health or local board 27
of health may make or authorize to be made a formal complaint to a 28
court or justice having jurisdiction in such cases, but no evidence of the 29
result of such analysis or test shall be received if the agent described in 30
the preceding section has refused or neglected to seal and deliver the 31
sample, or part thereof, if and as required in the preceding section. 32
Penalty on
manufacturer,
etc.
1882, 263, § 1.
1897, 344, § 1.
R. L. 76, § 16.
1903, 367.
1917, 208,
§§1.12.
Section 190. WTioever manufactures any article of food or any 1
drug which is adulterated or mishranded within the meaning of sections 2
one hundred and eighty-six and one hundred and eighty-seven, or 3
which does not comply with the rules, regulations and standards pro- 4
vided in sections one hundred and eighty-six to one hundred and ninety- 5
five, inclusive, shall be punished by a fine of not less than fifteen nor 6
more than five hundred dollars or by imprisonment for not more than 7
six months. 8
Penalty for
delivery, etc.,
of adulterated,
etc., food
or drugs.
1917, 208,
§§2, 13.
1924, 228.
Section 191. Except as otherwise provided in sections one hundred 1
and eighty-six to one hundred and ninety-six, inclusive, whoever for 2
pay or otherwise delivers or ofl'ers to deli\'er to any person any article 3
of food or drug adulterated or misbranded, or which does not comply 4
with the rules, regulations and standards provided for in sections one 5
hundred and eighty-six to one huntlred and ninety-five, inclusive, shall 6
in the case of misbranding or non-compliance with said rules, regulations 7
and standards be punished by a fine of not more than two hundred dol- 8
lars, and shall in the case of adulteration be punished by a fine of not 9
less than twenty-five nor more than two hundred dollars; but no article 10
shall be deemed misbranded or adulterated under sections one hundred 11
and eighty-six to one hundred and ninety-five, inclusive, or not to 12
comply with the rules, regulations and standards provided for in said 13
sections, if it is intended for export to any foreign country and is pre- 14
pared or packed according to the specifications or directions of the 15
foreign purchaser; provided, that no substance is used in the prepara- 16
tion or packing thereof in violation of the laws of the foreign country 17
to which the article is intended to be shipped; but if the article is sold IS
or offered for sale for domestic use or consumption then it shall not be 19
exempt from said sections. 20
Rules and regu-
lations to be
adopted, etc.
1917, 208,
§§ 3. 13.
1919, 350, § 96.
Section 192. The department of public health and local boards of 1
health shall enforce sections one hundred and eighty-six to one hiiii- 2
dred and ninety-five, inclusive, and, except as to standards fixed by 3
law, the said department shall adopt rules and regulations, consistent 4
with said sections, standards, tolerances and definitions of purity or 5
quality, conforming to the rules and regulations, standards, tolerances 6
and definitions of purity or quality adopted or that may hereafter be 7
adopted for the enforcement of the act of congress ajiproved June thir- 8
tieth, nineteen hundred and six, and the amendments thereof, the said 9
Chap. 94.] adulteration and misbranding of food and drugs. 1135
10 act being entitled "An Act for preventinfj the manufacture, sale or trans-
11 portation of ailultcrated or misbranded or poisonous or deleterious
12 foods, drusrs, medicines, and liquors, and for regulating traffic therein
13 and for other purposes", or now or hereafter adopted by the United
14 States department of agriculture under any other federal law.
1 Section 193. Except as provided in the following section, no dealer Prosecutions in
2 shall be prosecuted imder sections one hundred and eighty-six to one forbiddon^^'
3 hundred and ninety-five, inclusive, for selling or offering for sale any protection^"'
4 article of food or drug in the original unbroken package in which it was J^^'iatTons
5 received by him, if he can establish a guaranty by the wholesaler, jobber, J^ot, 259, § 2.
6 manufacturer or other person residing in the United States, from whom lo'*! 792! i i.
7 he purchased the article, to the efl'ect that the same is not adulterated or §'§ 9,' 12. '
8 misbranded within the meaning of the laws of this commonwealth. Such '
9 guaranty, to afford protection, shall contain the name and address of
10 the person making the sale of this article to the dealer, and in that case
11 such person shall be amenable to the prosecutions, fines and other pen-
12 alties which would attach in due course to the dealer imder sections one
13 hundred and eighty-six to one hundred and ninety-five, inclusive. If
14 it shall appear that any provision of said sections has been violated, and
15 the party giving said guaranty is without the commonwealth, no action
16 shall be brought except as is provided therein, but the department of
17 public health or the local board taking the sample shall present the
18 facts to the proper national authorities for their action.
19 Under the authority gi\en by section one hundred and ninety-two the
20 department of public health shall adopt rules and regulations which shall
21 be observed by the said department and by local boards of health in
22 ascertaining whether there is such a guaranty which may be relied upon
23 by the dealer.
1 Section 194. After a sample of an article of food or drug which is Dealer estab-
2 adulterated or misbranded has been taken from a person who estab- antTmay'be
3 lishes a guaranty, as provided in the preceding section, and the guar- wS?""''''
4 antor resides without the commonwealth, the dealer may nevertheless l^Yo'"!'
5 be prosecuted for a subsequent sale of such adulterated or misbranded isis. ^so. 5 96.
6 article; provided, that the department of public health or local board
7 which took the sample has presented the facts to the proper national
8 authorities for their action, that the person from whom the sample was
9 taken has been notified by said department or board that the facts have
10 so been presented, and that such person continues to sell such articles
11 after he has been notified by said department or board as to the particu-
12 lars of the adulteration or misbranding and warned to desist from further
13 sales or distribution of the article. Upon conviction in any such case
14 the penalties provided in section one hundred and ninety-one may be
15 imposed.
16 In case of adulteration, if the department of public health or a board
17 of health in a city having a population exceeding one hundred thousand,
18 finds that the same when analyzed is plainly a gross violation of any
19 of sections one hundred and eighty-six to one hundred and ninety-five,
20 inclusive, or that the article is distinctly injurious to the health of the
21 community, even though the case has not as yet been adjudicated, said
22 department may cause notice of these facts to be published in its monthly
23 bulletin and in such other ways as it establishes by rules and regulations;
24 provided, that the guarantor has been notified and has been afforded
1136 NARCOTIC DRUGS. [ChAP. 94.
an opportunity to be heard as provided in section one hundred and 25
eighty-nine. Said notice shall contain a warning to all dealers to desist 26
from further sale or distribution of such article. Whoever sells such 27
article after said notice and warning shall be amenable, for each subse- 28
quent sale, to the penalties provided in section one hundred and ninety- 29
one. 30
S^dlf^nsts*' Section 194A. In any prosecution in which it is alleged that the 1
to prosecutions defendant for pay or otherwise delivered or offered to deliver to anv 2
for S3.IC ptc. 1. f •.
of adulterated person shcllfish which are adulterated within the meaning of clause 3
1931,357. sixth of section one hundred and eighty-six, or however otherwise the 4
offence may be described, it shall be a defense if the defendant shows 5
that such shellfish were taken from an area not designated as con- 6
taminated by the department of public health or have passed a shell- 7
fish treatment plant approved by said department unless it appears 8
from all the evidence that he knew or ought to have known of such 9
adulteration or that he caused or contributed to the same. 10
Constractujn of SECTION 195. When construing and enforcing sections one hundred 1
1917, 208, and eighty-six to one hundred and ninety-five, inclusive, the act, omis- 2
sion or failure of any officer, agent or other individual acting for or 3
emploj'ed by any individual, corporation, company, society or associa- 4
tion within the scope of his employment or office, shall in each case be also 5
deemed to be the act, omission or failure of such corporation, company, 6
society or association as well as that of the individual. 7
Prosecutions SECTION 196. If the standard of strength or purity of any drug has 1
limited. been raised since the issue of the last edition of the United States 2
issi! 289! § 5! pharmacopoeia or national formulary, no prosecution relative to it shall 3
■ ^ be maintained until after such change of standard has been published 4
throughout the commonwealth. 5
SALE .VND DISTRIBUTION OF NARCOTIC DRUGS.
i9i7°'275™5 19 Section 197. The following words as used in sections one hundred 1
and ninety-seven to two hundred and thirteen, inclusive, and in section 2
thirty-eight of chapter two hundred and se\enty-seven and schedule of 3
forms at end of said chapter, unless the context otherwise requires, shall 4
have the following meanings: 5
ikfinttlons'see' "Druggist", " apotliccary " or "pharmacist", a person duly registered 6
74 'ge^^ili*'^' u'ltl^i' chapter one hundred and twelve, and actively engaged as a prac- 7
163. 176, 186, titioner, or emploved in an established and fixed place of business for the 8
187 26lJ 'It ^ 4^
305A, 305B.) salc, compouudiug and dispensing of drugs. 9
"Narcotic drug", coca leaves, cocaine, alpha or beta eucaine, or any 10
synthetic substitute for them or any salts, compound or derivative thereof 1 1
except decocainized coca leaves and preparations thereof, opium, mor- 12
phine, heroin, codeine, or any preparation thereof or any salt, compound 13
or derivative of the same; and, subject to section two hundred and six, 14
cannabis indica and cannabis sativa. 15
"Opium", "morphine", "heroin", "codeine" and "cocaine", as 16
used in statutes or in complaints or indictments include any synthetic 17
substitute for such drugs or any salts, compounds, derivatives or prepara- IS
tious thereof, except decocainized coca leaves and preparations thereof. 19
Chap. 94.] narcotic drugs. 1137
20 "Physician" or "practitioner of medicine", "veterinarian" and
21 "dentist", a person duly registered and authorized to practice medicine,
22 veterinary medicine and dentistry, respectively.
1 Section 19S. Except as otherwise provided in sections one hundred frfbutfon of^'
2 and ninety-nine and two hundred, no person shall sell, furnish, give or "/ug^s'J.J'u""''''
3 deliver any narcotic drug except upon the written order of a manufacturer 'j^g'i^d ^^^
4 or jobber in drugs, wholesale druggist, registered pharmacist actively §§3,'4,6.'
5 engaged in business as such, physician, dentist or veterinarian regis- 1909,375.
6 tered under the laws of the state where he resides, or an incorporated llr^'sfa.'u^'
7 hospital, college or scientific institution through its superintendent or jlY'Tf ygg.
8 official in immediate charge, or upon the written prescription of a physi- \1%Wj^
9 cian, dentist or veterinarian registered as above provided, such order §| 'j |.,'^-
10 bearing his legal signature, the date of the signature, his office address, §§ i,'22. '
11 the registry number given him under the act of congress approved l924;208'.
12 December seventeenth, nineteen hundred and fourteen, and the name,
13 age and address of the patient for whom it is prescribed. The prescrip-
14 tion, when filled, shall show the date of filling and the legal signature
15 of the person filling it, written across the face of the prescription, and
16 the prescription shall be retained on file for at least two years by the
17 druggist filling it. No prescription shall be filled except in the manner
18 indicated therein and at the time when it is received, and the full quantity
19 of each substance prescribed shall be given. No order or prescription
20 shall be either received for filling or filled more than five days after its
21 date of issue as indicated thereon. Each pharmacist who fills a pre-
22 scription for a narcotic drug shall securely attach to the container thereof
23 a label giving the name and address of the store where the prescription
24 is filled, the date of filling, the name of the person for whom it is pre-
25 scribed, the name of the physician, dentist or veterinarian who issued
26 it; and the narcotic drug so delivered shall always be kept in its con-
27 tainer until used. No prescription shall be refilled, nor shall a copy
28 of the same be made except for the purpose of record by the druggist
29 filling the same, such record to be open at all times to inspection by the
30 officers of the department of public health, the board of registration in
31 pharmacy, the board of registration in medicine, authorized agents of
32 said department and boards, and by the police authorities and police
33 officers of towns; provided, that sections one hundred and ninety-seven
34 to two hundred and thirteen, inclusive, shall not apply to prescriptions,
35 nor to the sale, distribution, giving, dispensing or possession of prepara-
36 tions or remedies, if such prescriptions do not call for, or such preparations
37 and remedies do not contain, more than two grains of opium or more than
38 one quarter of a grain of morphine, or more than one eighth of a grain
39 of heroin or more than one grain of codeine, in one fluid ounce, or, if a
40 solid or semi-solid preparation, in the avoirdupois ounce; nor shall they
41 apply to liniments, ointments or other preparations which are prepared
42 for external use only, except liniments, ointments and other preparations
43 containing cocaine or alpha or beta eucaine; provided, that such prepa-
44 rations, remedies or prescriptions are sold, distributed, given, dispensed
45 or held in possession in good faith as medicines and not for the purpose
46 of evading any provision of the last named sections, and provided that
47 the possession of any narcotic drug, except in the form of prescriptions
48 and preparations or remedies especially exempted in this section, by
49 any one not being a manufacturer or jobber of drugs, or wholesale
50 druggist, registered pharmacist actively engaged in business as such, or
1138
NARCOTIC DRUGS.
[Cn\p. 94.
a physician, dentist or veterinarian registered as above provided, or 51
superintendent or official in charge of an incorporated hospital, college 52
or scientific institution shall, except as provided in section two hundred 53
and five, be presumptive evidence of an intent to violate sections one 54
hundred and ninety-eight to two hundred and ten, inclusive. This sec- 55
tion shall not apply to a person having in his possession any of the above 56
mentioned articles by virtue of a legal prescription legally issued under 57
any provision of sections one hundred and ninety-eight to two hundred 58
and ten, inclusive, and not obtained by any false representation made 59
to the physician, dentist or veterinarian issuing it, or to the pharmacist 60
who filled it; nor shall such sections apply to decocainized coca leaves 61
or preparations made therefrom or to other preparations of coca leaves 62
which do not contain cocaine. 63
Veterinarians,
etc., to pre-
scribe only in
certain cases.
1910,271, §2;
387, § 3.
1914, 694,
§§2,7; 788.
1915, 187,
§§2, 12.
1917, 275,
55 2,22.
Section 199. No practitioner of veterinary medicine shall prescribe 1
any narcotic drug for the use of a human being or in such manner that 2
it may be used subcutaneously by such person, nor shall any physician 3
or dentist prescribe, dispense, administer, sell, give or deliver any nar- 4
cotic drug to any person except when the drug is obviously and in good 5
faith then and there needed for the treatment and cure of a disease or 6
ailment, and not needed for any condition or disease directly due to any 7
drug habit or resulting solely from the failure of an habitual user of 8
narcotic drugs to procure the particular narcotic drug to the use of which 9
he is addicted. 10
Physician may
personally ad-
minister nar-
cotic drug,
when.
1914,694, § 3.
1915, 187,
§§3, 12.
1917, 275,
§§3,22.
Sales to certain
persons and in-
stitutions
reKulated.
1906, 386.
§§3,5. ,
1910,271, 5 1;
387, §§4, 11.
1914,694, §4;
788; 792, § 1.
1915, 187,
§§4,12.
1917, 275,
§§4,22.
1919, 350, § 96.
Section 200. A physician may personally administer any narcotic 1
drug at such time and under such circumstances as he, in good faith 2
and in the legitimate practice of medicine, believes to be necessary for 3
the alleviation of pain and suffering or for the treatment or alleviation 4
of disease. 5
Section 201. Subject to section two hundred and sixteen, any man-
ufacturer or jobber of drugs, wholesale druggist, registered pharmacist
actively engaged in business as such, and any physician, dentist or veter-
inarian registered under the laws of the state where he resides may sell a
narcotic drug to any of the persons aforesaid or to any incorporated
hospital, college or scientific institution, but such substances or prepara-
tions, excepting such preparations as are included within the exemptions
set forth in section one hundred and ninety-eight, shall be sold only upon
the written order of such hospital, college or institution, duly signed by
its superintendent or official in immediate charge, or upon a written order 10
duly signed by any manufacturer or jobber in drugs, wholesale druggist, 11
registered pharmacist actively engaged in business as such, or physician, 12
dentist or veterinarian registered as above provided, and the order sliall 13
state the articles ordered, the quantity ordered and the date. Said 14
orders shall be kept on file in the laboratory, warehouse, pharmacy or 15
store in which they are filled, by the proprietor thereof or his successor, 16
for not less than two years after delivery, and shall at all times be open 17
to inspection by the department ot public health, the board of registra- IS
tion in pharmacy, the board of registration in medicine, authorized agents 19
of said department and boards, and by the police authorities and police 20
officers of towns. 21
Ch.\P. 94.] NARCOTIC DRUGS. 1139
1 Section 202. Any person or institution mentioned in the preeedinp Duplicate
2 section giving an order for any narcotic drug in accordance tiierevvitii proservp°i. Itc.
3 shall preserve a duplicate thereof for two years after giving the same. {9I7; 275] * *'
4 The duplicate shall at all times be open to inspection by the department fJig ||o, § 96.
5 of public health, the board of registration in pharmacy, the board of
6 registration in medicine, authorized agents of said department and
7 boards, and by the police authorities and police officers of towns. The
8 order recjuired by the commissioner of internal revenue under and by
9 virtue of the act of congress approved December seventeenth, nineteen
10 hundred and fourteen, shall be deemed to be a sufficient order to comply
11 with this and the preceding section.
1 Section 203. Whoever, for the purpose of evading or assisting in the False repre-
2 evasion of any provision of sections one hundred and ninety-eight to two deemedvloia-
3 hundred and ten, inclusive, falsely represents that he is a physician, l9T4,'694, § 5;
4 dentist or veterinarian, or that he is a manufacturer of or jobber in drugs ^f^ jg^
5 or wholesale druggist or pharmacist actively engaged in business as such, §§ S' i|-
6 or that he is superintendent or official in immediate charge of an incor- 5§6,'22. '
7 porated hospital, college or scientific institution, or a person registered
8 under the act of congress mentioned in the preceding section, or whoever,
9 not being an authorized physician, dentist or veterinarian, makes or alters
10 a prescription or written order for a narcotic drug, or knowingly issues or
11 utters a prescription or written order falsely made or altered, or whoever
12 makes any false representation or statement as to his name, age, address
13 or any other matter, either in writing or orally, to any physician, dentist,
14 pharmacist or veterinarian for the purpose of procuring a prescription
15 for, or the delivery of, a narcotic drug, shall be punished as provided in
16 section two hundred and thirteen. Each prescription or order which is
17 altered, or is obtained by a false representation, shall be void and of no
18 effect.
1 Section 204. The possession by any person of a federal certificate Possession of
2 issued under and by virtue of the act of congress mentioned in section clIeTo b""^'
3 two hundred and two shall be prima facie evidence of an intent to sell, fntenr* °'
4 furnish, give or deliver a narcotic drug.
1915, 187, 5 7. 1917, 275, 55 7. 22.
1 Section 205. Sections one hundred and ninety-eight to two hundred Common
2 and thirteen, inclusive, shall not apply to common carriers engaged in cena'in'' officials,
3 transporting narcotic drugs or to any employee, acting within the scope i9'io,'";s87!''§ 6.
4 of his employment, of any person who is lawfully in possession, for the §§^8,'u.^'
5 purpose of delivery, of any such drug, or to any person who delivers any \\"'ip'
6 such drug, which has been prescribed or dispensed by a physician, dentist
7 or veterinarian registered under the laws of the state where he resides
8 who has been employed to prescribe for the particular patient receiving
9 such drug, or to a nurse under the supervision of a physician, dentist or
10 veterinarian having possession or control by virtue of his employment or
11 occupation and not on his own account, or to the possession of any of
12 the aforesaid drugs which have been prescribed in good faith by a physi-
13 cian, dentist or veterinarian, or to any United States, state, county,
14 municipal, district, territorial or insular officer or official who has posses-
15 sion of any of said drugs by reason of his official duties, or to a person
16 who, as an officer or duly appointed agent of any incorporated society
i 9, 22.
1140 NARCOTIC DRUGS. [ChAP. 94.
for the suppression of vice, has the same in his possession for the pur- 17
pose of assisting in the prosecution of violations of sections one hundred 18
and ninety-eight to two hundred and thirteen, inclusive. 19
Cannabis SECTION 206. The provisions of sections one hundred and ninetv- 1
indica and , , i i i i * • i • i • i r*
cannabis sativa. eight to two hundred and thirteen, inckisive, except such as require the 2
1917! 275| ' ordering of narcotic drugs on an official order blank and the keeping of 3
the same on file, and the keeping of the record relative thereto, shall apply 4
to cannabis indica and cannabis sativa, except that such provisions 5
shall not apply to prescriptions, preparations or remedies which do not 6
contain more than one half grain of extract of cannabis indica or more 7
than one half grain of extract of cannabis sativa in one fluid oimce, or, 8
if a solid or semi-solid preparation, in the avoirdupois ounce, nor to lini- 9
ments, ointments or other preparations containing cannabis indica and 10
cannabis sativa which are prepared for external use only. 11
Liability of Section 207. No manufacturer or jobber in drugs, wholesale drug- 1
manufacturer, . . • , ii i !• i • •!■ i r-ii c\
etc. limited gigt or registered pharmacist shall be liable to prosecution it he nils any 2
,p jj^jj t-nt] prescription or written order for a narcotic drug in good faith, unless he 3
knows or has reasonable cause to suspect that the prescription or order 4
was issued in violation of sections one hundred and ninety-eight to two 5
hundred and thirteen, inclusive, in which event any such sale or delivery 6
of a narcotic drug shall constitute an unlawful sale or delivery of such 7
drug. 8
dmtfstoTt'c, Section 208. No physician, dentist or veterinarian, and no drug- 1
prohibited from gjgt gr phamiacist, either wholesale or retail, shall solicit by public ad- 2
tiaing. vertisemeut or otherwise the application to him for prescriptions for, or 3
sales of, narcotic drugs, nor shall he publicly advertise any treatment 4
the principal element of which consists in the administering, dispensing, 5
furnishing, giving or delivering of a narcotic drug, except that a whole- 6
sale druggist or manufacturing pharmacist may advertise in journals 7
and publications intended for circulation among the medical profession 8
and drug trade generally. 9
J'emTn'i'nst'ru- SECTION 209. No pcrson, not being a physician, dentist, nurse or 1
jjj™tsreg- veterinarian registered under the laws of this commonwealth or of the 2
Record of sales state where he resides, or a registered embalmer, manufacturer or dealer 3
Penalty. ' in embalming supplies, wholesale druggist, manufacturing pharmacist, 4
1919; 35o; § 96: registered pharmacist, manufacturer of surgical instruments, official of 5
1924! 239! 5 h any government having possession of the articles hereinafter mentioned 6
by reason of his official duties, nurse acting under the direction of a 7
physician or dentist, employee of an incorporated hospital acting under 8
the direction of its superintendent or officer in immediate charge, or a 9
carrier or messenger engaged in the transportation of such articles, or 10
the holder of a permit issued under section two hundred and nine A, 11
shall have in his possession a hj-podcrmic syringe, hj-podermic needle, or 12
any instrument adapted for the use of narcotic drugs by subcutaneous 13
injection. No such syringe, needle or instrument shall be delivered or 14
sold to, or exchanged with, any person except a registered pharmacist, 15
physician, dentist, veterinarian, registered embalmer, manufacturer or 16
dealer in embalming supplies, wholesale druggist, manufacturing pharma- 17
cist, a nurse upon the written order of a physician or dentist, the holder 18
of a permit issued under section two hundred and nine A, or an employee 19
1917, 275. I 11
[Penalty, §213.1
such
strui
1924, 239, 5 2.
Chap. 94.] narcotic drugs. 1141
20 of an incorporated hospital upon the written order of its superintendent
21 or officer in immediate cliarge. A record shall be kept by the person sell-
22 ing such syringe, needle or instrument, which shall give the date of the
23 sale, the name and address of the purchaser and a description of the
24 instrument. This record shall at all times be open to inspection by the
25 department of public health, the boards of registration in medicine,
26 veterinary medicine, and pharmacy and the board of dental examiners,
27 authorized agents of said department and boards, and police authorities
28 and police officers of towns. Whoever violates any provision of this
29 section shall be punished by a fine of not more than one hundred dollars
30 or by imprisonment in a jail or house of correction for not more than two
31 years, or both.
1 Section 209A. A registered physician may, subject to the rules and ph™cians''for
2 regulations of the board of registration in medicine, issue to a patient po33ession of
3 under his immediate charge a permit to have in possession any of the struments
4 instruments specified in the preceding section. Such permits shall be
5 issued upon blanks to be furnished by said board and any permit so
6 issued may be revoked at any time by it.
1 Section 210. Each building, place or tenement which is resorted Buildings, etc.,
2 to by habitual users of narcotic drugs for the purpose of using such drugs, deemed
3 or which is used for the illegal keeping or sale of the same, shall be n^an°es.
4 deemed a common nuisance. Whoever keeps or maintains such a com- i885,%'.
5 mon nuisance shall be punished by imprisonment for not less than three fg^^ IjI] | i|;
6 months nor more than two years.
1922, 535, § 2.
1 Section 211. Whoever, not being a manufacturer or jobber of drugs, Penalty tor
2 wholesale druggist, registered pharmacist, registered physician, regis- possession
3 tered veterinarian, registered dentist, nurse acting under the direction of drugs"^^"" '°
4 a physician, or employee of an incorporated hospital acting under the \l\l[ lll[ | i;
5 direction of its superintendent or official in immediate charge, or a com- |^'f'if^'
6 mon carrier or messenger when transporting any narcotic drug between i^^q ^J|'
7 persons mentioned in this section in the same package in which the i9i8,'257,
8 drug was delivered to him for transportation, is found in possession i9i9,'5.
9 thereof except by reason of a physician's prescription lawfully and prop-
10 erly issued shall be punished by a fine of not more than one thousand
11 dollars or by imprisonment for not more than two and one half years in
12 the house of correction.
1 Section 212. Whoever has in his possession a narcotic drug with Penalty for
2 intent unlawfully to sell and deliver or to exchange such drug, or any ot^narc^otfc ''"^'
3 part thereof, or whoever unlawfully sells, furnishes, gives, delivers or isslfVa.
4 exchanges any narcotic drug in violation of any provision of sections one fgjy- l^g' | \l[
5 hundred and ninety-eight to two hundred and thirteen, inclusive, shall be i922, 535, § 3.
6 punished by imprisonment in the state prison for not more than five
' 7 years, or in a jail or house of correction for not less than one year nor
8 more than two and one half years.
1 Section 213. Wlioever violates any provision of sections one hun- <^™^Y*'
2 dred and ninety-eight to two hundred and two, inclusive, and two hun- 1900, ase. 5 6.
3 dred and four to two hundred and thirteen, inclusive, the penalty whereof 1910', 271! 5 3-
4 is not specified therein, or of section two hundred and three, shall be 1911,^41.
1142
NARCOTIC DRUGS.
[Chap. 94.
is'e'y^y'ss punished by a fine of not more than one thousand dollars or by imprison- 5
1915, i'87. ment in a iail or house of correction for not more than one year, or both. 6
5S 11. 12. "^ ^
'* ' 1917. 275, §§ 21, 22.
Issue of senrch
warrants.
Penalty for
being present,
1910, 387, § 7.
1911, 372,
5§ 1,2.
1912, 283, 5 1-
1915, 159.
1916, 117.
Section 214. If a person makes complaint under oath to a district 1
court, or to a trial justice or justice of the peace authorized to issue war- 2
rants in criminal cases, that he has reason to believe that opium, mor- .3
phine, heroin, codeine, cannabis indica, cannabis sativa, peyote or any 4
other hj-pnotic drug, or any salt, compound or preparation of said sub- 5
stances, or any cocaine, alpha or beta eucaine, or any synthetic substi- 6
tute for them, or any preparation containing the same, or any salts or 7
compounds thereof, is kept or deposited by a person named therein in a 8
store, shop, warehouse, building, vehicle, steamboat, vessel or any place 9
whatever, such person being other than a manufacturer or jobber of 10
drugs, wholesale druggist, registered pharmacist, registered physician, 11
registered veterinarian, registered dentist, registered nurse, employee of 12
an incorporated hospital, or a common carrier or messenger when trans- 1.3
porting any drug mentioned herein between parties hereinbefore men- 14
tioned, such court or justice, if it appears that there is probable cause 15
to believe that said complaint is true, shall issue a search warrant to a 16
sheriff, deputy sheriff, city marshal, chief of police, deputy marshal, 17
police officer or constable, commanding him to search the premises where 18
it is alleged that any of the above mentioned drugs is kept or deposited, 19
and to seize and securely keep the same until final action, and to arrest 20
the person in whose possession such drug is found, together with all 21
persons present where such drug is found, and to return forthwith the 22
warrant with his doings thereon, to a court or trial justice having juris- 23
diction in the town where said drug is alleged to be kept or deposited. 24
Whoever is so present where any of the aforesaid drugs is found shall 25
be punished by a fine of not more than fifty dollars or by imprisonment 26
in the house of correction for three months. 27
Articles seized
to be forfeited
1910, 387,
1912, 283,
1914, 792,
1919, 350,
§•3.
§1.
i 96.
Section 215. If after such notice as the court or trial justice orders 1
it appears that any drug seized under the preceding section was, at the 2
time of the making of the complaint, unlawfully in the possession of the 3
person alleged therein, the court or trial justice shall order that such 4
article or drug so seized be forfeited to the commonwealth and shall 5
order such article or drug sent to the department of public health. Pos- 6
session of such drug shall be prima facie evidence that such possession 7
was in violation of law. Said department may destroy such article or drug 8
or cause it to be destroyed or to be disposed of in any way not prohibited 9
by law, and, after paying the co.st of the transportation and disposition 10
of the same, it shall pay over the net proceeds to the commonwealth. 11
Section eight of chapter two hundred and seventy-six shall apply to all 12
judgments rendered and orders made under this and the preceding section. 13
Manufacture
of certain
preparations
forbidden.
Section 216. No person shall manufacture any so-called catarrh 1
powder or catarrh cure, or any patent or proprietary {^reparation con- 2
ilio' 38?' ^ '■ taining cocaine, or any of its salts, or alpha or beta eucaine, or any of 3
5§ 1,' ii ' their salts, or any synthetic substitute for them. 4
fenain^vioL-"' SECTION 217. The department of jjublic health shall causc the prosc- 1
fat"""*"' cution of all persons violating any provision of sections one hundred and 2
1906,' 386, i 6. ninety-eight, one hundred and ninety-nine and two hundred and one, but 3
ClL\P. 94.] INSPECTION AND SALE OF VARIOUS ARTICLES. 1143
4 no prosecution shall be brought for tlie sale at retail or for the gift or i9io, 387, 5 9-
5 exchange of any patent or proprietary medicine or food preparation con- 1919! 350! 5 sb.
6 taining any drug or preparation the sale of which is prohibited by sections
7 one hundred and ninety-eight and two hundred and one, or against any
8 wholesale or retail druggist for the sale, gift or exchange of any patent or
9 proprietary preparation containing cocaine or alpha or beta eucaine, or
10 any synthetic substitute for them unless said department, prior to such
1 1 sale, gift or exchange, has given public notice in some trade journal that
12 the gift, exchange or sale at retail of such medicine or food preparation,
13 or the gift, sale or exchange of such patent or proprietary preparation, as
14 the case may be, naming it in each instance, would be contrary to law.
grain and meal.
1 Section 218. [Repealed, 1922, 355, § 8.]
1 Section 219. Mayors and selectmen shall annually appoint one or weighers
2 more weighers of grain, who shall be sworn to the faithful performance of c. l!"i56, § 2.
3 their duty; and if only one is appointed by them, they may authorize n62-3;i9,S\
4 him to appoint deputy weighers.
1855, 232, § 2; 422. P. S. 60, 5 23. 1922. 355, 5 3.
G. S. 49, § 65. R. L. 57, § 26.
1 Section 220. [Repealed, 1922, 355, § 8.]
1 Section 221. The fees of weighers of grain and their deputies, if any Fees of
2 are authorized, shall be prescribed by the aldermen or selectmen of the rfel-s" 9, § 3.
3 several towns where they are appointed. One half of such fee shall be g.^I.' 49,^ § 67.'
4 paid by the seller and one half by the purchaser.
p. S. 60, § 27. R. L. 57, § 30. 1922, 355, § 4.
1 Section 222. If any wheat, corn, rye, oats, barley, buckwheat, ^all'L^'^centai
2 cracked corn, ground corn or corn meal, ground rye or rye meal, or feed, f|?^'\yg„
3 or any other meal, is sold by the cental or hundredweight, the weigher or p. sV.o, §26.'
4 his deputy, on request of either party to the contract, shall ascertain the 1922, 355,' § 5.'
5 weight thereof and shall give a certificate of the number of centals or
6 hundredweight of the same; and whoever sells and delivers a quantity
7 of either of said articles exceeding one cental or hundredweight, if it has
8 not been weighed by such weigher or his deputy, shall forfeit to the pur-
9 chaser ten dollars for each lot purporting to be a cental or hundredweight
10 which contains less than one hundred pounds.
1 Section 223. [Repealed, 1922, 355, § 8.]
1 Section 224. If a weigher or deputv weigher uses, or has in his pos- Penalty for
_ . . 1 • !• I ■ 1 1 • • 1 false weights
2 session with intent to use, tor the purposes provided in sections two nun- or collusion.
3 dred and nineteen to two hundred and twenty-two, inclusive, any false 1855. 232, '§ 5. '
4 weight, scale, balance or other instrument for weighing, or colludes with p. |. eo,' §2!.'
5 the purchaser or seller with intent to defraud the other party, or makes fg,^ 355,^§'6.'
6 and utters a false and fraudulent certificate under sections two hundred
7 and nineteen to t\\o hundred and twenty-two, inclusive, he may be re-
8 moved from office by the aldermen or selectmen, and shall also on con-
9 viction thereof be punished by a fine of not more than five hundred dol-
10 lars or by imprisonment for not more than six months.
1144
INSPECTION AND SALE OF VARIOUS ARTICLES.
[Chap. 94.
Tag or label
affixed to com-
mercial feed-
ing stuff.
Form and
contents.
1903, 122, § 1.
1912, 527,
§§2,15.
COMMERCIAL FEEDING STUFF.
Section 225. Each package, lot or parcel of commercial feeding stuff 1
sold or offered, exposed or kept for sale or distributed shall have affixed 2
thereto in a conspicuous place, as provided in the following section, a tag 3
or label containing a legible and plainly printed statement in the English 4
language clearly and truly certifying: 5
(a) The weight of the contents of the package, lot or parcel ; 6
(b) The name, brand or trade mark; 7
(c) The name and principal address of the manufacturer or person 8
responsible for placing the commodity on the market ; 9
(d) The minimum per cent of crude protein; 10
(e) The minimum per cent of crude fat; 11
(/) The maximum percent of crude fibre; 12
(g) The specific name of each ingredient used in its manufacture. 13
Tag, etc., to
be affixed to
package, etc.
1903, 122, § 1.
1912, 527,
§§3, 15.
Section 226. When any feeding stuff is sold or offered, exposed or 1
kept for sale or distributed in packages, the tag or label shall be affixed 2
in a conspicuous place on the outside thereof. When any feeding stuff 3
is offered, exposed or kept for sale in bulk, the tag or label shall be affixed 4
in a conspicuous place on the bin or other enclosure where the feeding 5
stuff is contained, but need not state the number of pounds thereof. 6
When any feeding stuff is sold or distributed in bulk the tag or label 7
shall be affixed in a conspicuous place on the vehicle in which the feeding 8
stufP is shipped, delivered or distributed and shall state the number of 9
pounds thereof. When any feeding stuff is sold in packages furnished by 10
the purchaser the seller shall furnish the tags or labels therefor. The 11
provisions required by the preceding section to be printed on the tag 12
or label relating to the constituents contained in any commercial feeding 13
stuff shall be known and recognized as the guaranteed analysis of such 14
feeding stufi'. 15
Copy of tag,
etc., to be
filed with the
director.
1912, 527, §4.
1922, 400, § 1.
Section 227. No manufacturer, importer or other person shall sell
or offer, expose or keep for sale or distribute any commercial feeding
stuff, until he has filed with the director or his authorized deputy for
registration, a copy certified by him to be a true copy of the tag or label
required by the two preceding sections, excepting the item as to the
number of pounds, for each brand of feeding stuff to be sold or offered,
exposed or kept for sale or distributed and has paid to said director or
his authorized deputy a registration fee of twentj' dollars for each such S
brand. No agent or other person shall be obliged to file a copy of the 9
tag or label of, or pay a registration fee for, any brand of feeding stuff", 10
for which a copy of the tag or label has been filed and the registration 11
fee paid by the manufacturer or importer of such brand and for which a 12
certificate of registration has been issued. 13
Certified copy
of tag, etc., to
be filed.
1912, 527, § 5.
1917,47, § 1.
1922, 400, § 2.
Section 228. A certified copy of the tag or label required by any
provision of sections two hundred and twenty-five to two hundred and
thirty-five, inclusive, shall be filed for registration with the director or
his authorized deputy, and said registration fee paid to him, prior to
January first in each year for each brand of commercial feeding stuff to
be sold or offered, exposed or kept for sale or distributed during the
Chap. 94.] inspection and sale of various articles. 1145
7 year beginning with said January first. The director or his author-
8 ized deputy may thereafter permit a manufacturer, importer or other
9 person to file a copy of the tag or hibel of a brand of feeding stuflF, and,
10 upon payment to him of said registration fee, may register the same for
11 said year in accordance with the rules and regulations which are pre-
12 scribed by the director.
1 Section 229. When the certified copy of the tag or label of any Tag^et^cM^^to
2 brand of commercial feeding stuff has been filed as provided in the two DiJpSftfJn '
3 preceding sections and said registration fee has been paid, the director ?9il^''527, § e.
4 or his authorized deputy shall register such tag or label if he finds the }^22; 4o6,S^3.
5 same to be in accordance with the requirements of sections two hundred
6 and twenty-five to two hundred and thirty-five, inclusive, and shall
7 issue, or cause to be issued, a certificate of such registration. The
8 certificate shall authorize the sale of the brand of feeding stufT for which
9 it is issued, up to and including December thirty-first of the year for
10 which it is issued. All registration fees received under this and the
1 1 preceding section by the director or his authorized deputy shall be paid
12 to the commonwealth.
1 Section 230. The director or his authorized deputy may refuse to Misleading
2 register any commercial feeding stuff under a name, brand or trade u^etc^^" '
3 mark which, in his opinion, would be misleading or deceptive, or which ?9i2;''527"f § 7.
4 would tend to mislead or deceive as to the materials of which the feeding
,5 stuff is composed. He may refuse to register more than one feeding
6 stuff under the same name or brand, or to register any feeding stuff under
7 a name or brand to the use of which the applicant for registration is not
8 lawfully entitled. If any feeding stuff is registered and it is afterward
9 discovered that any provision of sections two hundred and twenty-five to
10 two hundred and thirty-five, inclusive, was violated in obtaining such
11 registration or that such registration is in any respect in violation of any
12 provision thereof, the director or his authorized deputy may cancel such
13 registration and the certificate issued therefor. No person shall sell or
14 offer or expose or keep for sale or distribute any commercial feeding stuff,
15 registration whereof has been cancelled by the director or by his author-
16 ized deputy.
1 Section 231 . Each commercial feeding stuff and cattle feed, or brand fs'ify'yfi'j,"*^''!.
2 thereof, sold or offered, exposed or kept for sale or distributed shall be R^jL'. 57^'§ is.
3 subject to analysis by the director or by his duly authorized deputy, and ll^^^^^^^_
4 the said director shall make or cause to be made in each year one or more §§ s,' is. '
5 analyses of each brand of feeding stuff sold or offered, exposed or kept for
6 sale "or distributed, and he or his deputy shall have free access to each
7 place of business, mill, building, vehicle, vessel and other receptacle used
8 in the manufacture, sale, storage or delivery of any feeding stuff or cattle
9 feed, or in the importation or transportation of any feeding stuff or cattle
10 feed for sale or distribution in the commonwealth. He or his deputy may
11 open any receptacle containing or supposed to contain any feeding stuff
12 or cattle feed for sale or distribution as aforesaid and may take samples
13 for analysis. The methods of making analyses of all feeding stuffs and
14 cattle feeds shall be those in force by the Association of Official Agricul-
15 tural Chemists of North America.
1146
INSPECTION AND SALE OF VARIOUS ARTICLES.
[Chap. 94.
Results of
analysis,
puljlication of.
Free analysis,
when.
1897, 117, § 1.
R. L. 57, § 18.
1903, 122, 5 5.
1912, 527,
§§ 9, 15.
Section 2.32. The director may publish or cause to be pubHsherl in 1
reports, bulletins, special circulars or otherwise the results obtained by 2
such analyses, and said reports, bulletins, circulars or other publications 3
may contain such additional information in relation to the character, 4
composition, value and u.se of the feeding stuffs or cattle feed analyzed 5
as he may include. The said director may at any time make or cause to 6
be made for consumers a free analysis of any brand of feeding stuff or 7
cattle feed sold or offered or exposed or kept for sale or distributed in the 8
commonwealth ; but all samples for such free analysis shall be taken and 9
submitted in accordance with the rules and regulations which are pre- 10
scribed by him. The results of any analysis of a commercial feeding stuff 1 1
made in accordance with the preceding section, except a free analysis as 12
above provided, shall be sent by the director, at least fifteen days be- 1.3
fore any publication thereof, to the person named on the tag or label of 14
the feeding stuff analyzed. 15
Samples for
analysis, how
taken, etc.
1897, 117, § 2.
R L. 57, § 19.
1903, 122,
§§5, 11.
1912, 527,
§§ 10, 15.
Section 233. All samples for analysis of any commercial feeding stui? 1
or cattle feed shall be taken, whenever the circumstances conveniently 2
permit, in the presence of at least one witness, and no action shall be 3
maintained for any violation of sections two hundred and twenty-five 4
to two hundred and thirty-five, inclusive, based upon an analysis of 5
a sample, parts of which are taken from less than five separate original 6
packages, unless there are less than five separate original packages in 7
the lot, in which case parts of the official sample shall be taken from 8
each original package. If the feeding stuff or cattle feed is in bulk, parts 9
of the sample shall be taken from not less than five different places in the 10
lot; provided, that this shall not exclude sampling from bulk when the 11
feeding stuff or cattle feed is not exposed sufficiently to take parts from 12
five different places, in which case parts shall be taken from as many 13
places as practicable. All samples thus taken shall be placed in suitable 14
vessels, marked and sealed. A part of each sample shall be held by the 15
director or his deputy, at the disposal of the person named on the tag or 16
label of the feeding stuft' sampled, for fifteen days after the results of the 17
analysis have been reported as provided in the preceding section. 18
Penalty for
certain sales,
etc., and for
hindering, etc.,
director, etc.
1903, 122,
§§ 4-6.
1912, 527,
§§11, 12, 15.
Section 234. Whoever sells, offers, exposes or keeps for sale or dis- 1
tributes any commercial feeding stuff without the tag or label required, 2
or with a tag or label that has not been registered or the registration of 3
which has been cancelled by the director or by his authorized deputy, 4
or whoever files with the said director or with his authorized deputy for 5
registration a false copy of the tag or label of any feeding stuft" or brand 6
of feeding stuft", or whoever impedes, obstructs or hinders the director or 7
any of his deputies in the discharge of the authority or duty conferred
or imposed by any provision of sections two hundred and twenty-five to
two hundred and thirty-five, inclusive, or whoever sells, oft"ers, exposes
or keeps for sale or distributes any feeding stuff which contains a smaller 11
per cent of crude protein or crude fat, or a larger per cent of crude fibre, 12
than is certified in the tag or label of such feeding stuft' to be contained
therein, or whoever fails properly to state the specific name of each in-
gredient used in its manufacture, or whoever sells, oft'ers, exposes or
keeps for sale or distributes any feeding stuff or cattle feed or brand
thereof which has been mixed or adulterated with any substance in-
jurious to the health of live stock or poultry, shall for the first oft'ence be 18
punished by a fine of not more than one hundred dollars and for a sub- 19
9
10
13
14
15
16
17
Chap. 94.J inspection and sale of various articles. 1147
20 sequent offence shall be punished by a fine of not less than one hundred
21 dollars.
1 Section 235. The director shall enforce sections two hundred and f"r°\ts^nT
2 twenty-five to two hundred and thirty-four, inclusive, and may pre- Jlf,,'''!!™*'; ,
3 scribe and enforce such rules and regulations relative to the sale of 1912! 527!
4 commercial feeding stuff or cattle feed as he deems necessary to enforce
5 said sections. He may prosecute or cause to be prosecuted any person
6 violating any provision of said sections, and no complaint shall be made
7 or prosecuted for any such violation except with his authorization or
8 approval.
HAY.
1 Section 236. If a town or the city council of a city accepts this sec- weighers
2 tion or has accepted corresponding provisions of earlier laws, the mayor i82'45io2.
3 or selectmen may from time to time appoint, for a term not exceecling ?s,'l§^95-98*'
4 one year, and may at any time remove, weighers of hay, who shall be J9,*|§'72-7Y'
5 sworn to the faithful performance of their duty and who shall have the ?; 3,-34
6 superintendence of the hay scales belonging to such city or town, and R- l. 57,' 5 35.
7 shall weigh hay offered for sale therein and any other article offered to
8 be weighed. Cities and towns may establish ordinances and by-laws
9 for the regulation of hay scales and of the compensation of weighers of
10 hay. Whoever, not ha\ing been so appointed, sets up hay scales in a
11 city or town for the purpose of weighing hay or other articles offered
12 to be weighed shall forfeit to the use of such city or town twenty dollars
13 a month, so long as such scales are maintained.
TIMOTHY OR HERDSGRASS SEED.
1 Section 237. Except as otherwise provided in chapter ninety-nine, saie of timothy,
2 all contracts for the sale and deli\-ery of timothy or herdsgrass seed rate'd^'^Pena^ty.
3 shall be made by avoirdupois weight. Whoever violates this section R^l.'eo,*'
4 shall be punished by a fine of not more than twenty dollars. ^* ®^' ®^'
R. L. 57. § 65. 1922, 355, § 7.
COAL, COKE, CHARCOAL AND KINDLING WOOD.
1 Section 238. The mayor or selectmen shall annually appoint, and ^fo^r™
2 may remove, weighers of coal, one of whom at least shall not be engaged ^p^' i^s. § *■
3 in the business of selling coal, who shall be sworn to the faithful per- isb', iss,
4 formance of their duty, and by whom all coal shall be weighed. No o. s'. 49, § iss.
5 person shall be ineligible for appointment in a town because of the fact Itio, 205. 1 2.
6 that he is not a resident thereof, notwithstanding any pro\isions to the r. i. w'.lss-
7 contrary in any city charter. Women shall be eligible for appointment 4?3"'5Y^'
8 as weighers of coal.
191S. 257, § 235. 1920,2. 216 Mass. 126.
1919, 5. 2 Allen, 320.
1 Section 239. [Repealed, 1931, 426, § 12.]
1 Section 239A. The director of standards shall from time to time standard sizes
2 by rule or regulation establish standard sizes for anthracite coal offered coailstab" "^
3 for sale within the commonwealth, with variances or tolerances not to i^el'ssV*'^'
4 exceed five per cent determined by weight.
1148
INSPECTION AND SALE OF VARIOUS ARTICLES. [ChAP. 94.
Coal, charcoal
and coke sold
by weight,
when.
1849, 143, I 1.
1850, 2.5.
1855, 188, § 1.
Section 240. Coal shall be sold by weight, and, except when sold
by cargo, two thousand pounds avoirdupois shall be the standard for
the ton. Coke and charcoal in any quantities shall be sold only by
weight or measure.
G. S. 40, §187.
1870, 205, § 1.
P. S. 60, § 79.
1894, 429, §§ 1-3.
1901, 423, § 1.
R. L. 57. §§ 84, 86.
1907, 228, § 1.
1908, 205, § 1.
1918, 257, §§ 236, 237.
1919, 5.
1920, 2.
1921, 95, § 2.
1923, 196, § 2.
216 Mass. 126.
Sale of coal,
coke and char-
coal in bags,
sacks and
baskets
regulated.
1883, 218, 5 1.
1884, 70, § 1.
1894, 429,
§5 1-3.
1901, 423, § 1.
R. L. 57,
§§84,86.
1907, 228, § 1.
1908, 205, § 1.
1918, 257.
§§ 236, 237.
1919, 5.
1920, 2.
1921, 95, § 1.
1923, 196. § 1.
1926. 217.
216 Mass. 126.
Section 241. Coal in quantities of one hundred pounds or less shall 1
be sold by weight, and coke and charcoal in quantities of one hundred 2
pounds or less shall be sold by weight or measure, in bags, sacks or 3
baskets, and until delivered shall be kept in the same bags, sacks or 4
baskets in which they were weighed or measured; and coal, coke and 5
charcoal thus sold shall be exempt from section two hundred and forty- 6
four. When sold by weight, such bags, sacks or baskets shall be plainly 7
marked with the name and business address of the person who puts up 8
the same, and with the weight of the coal, coke or charcoal therein in 9
letters and numerals, respectively, of bold uncondensed type at least 10
one inch in height. Paper bags or sacks used in the sale of coal shall 11
contain and shall be sold as containing twenty-five pounds, avoirdu- 12
pois weight, and, in addition to the marking hereinbefore required, 13
such bags or sacks shall be plainly and conspicuously marked with the 14
classification of such coal, whether anthracite, semi-anthracite, bitumi- 15
nous containing less than twenty-three per cent \'olatile matter or 16
bituminous containing more than twenty-three per cent volatile matter, 17
and with the size of the coal contained therein. 18
Baskets, etc.,
used in selling
coke, etc., reg-
ulated.
1901, 423, § 2.
R. L. 57. § 87.
1908, 205, § 2.
1909, 424, § 1.
1919, 91,
551,4.
Section 242. Baskets or similar receptacles used in selling coke,
charcoal or unpacked kindling wood by measure shall be of one bushel
or multiple thereof, Massachusetts standard dry measure, shall have
their capacity plainly marked thereon, shall be sealed by a sealer of
weights and measures of the town or district, where the ^■endor resides
or conducts his business, and shall be filled at least level full when well
shaken.
1
2
3
4
5
6
7
Paper bags,
etc., used in
sale of coke,
etc., regulated.
Penalty.
1908, 205. § 2.
1909, 424, § 1.
1919, 91,
55 2,4.
1921, 89, 5 1.
Certificate of
weight, etc.
1901, 423, § 3.
R. L. 57, 5 88.
Section 243. Paper bags or sacks used or intended to be used in the 1
sale of coke, charcoal or kindling wood by measure shall be not less 2
than twenty-five inches in height, not less than thirteen and one half 3
inches in width, and the bottoms shall not be less than four and three 4
quarters inches wide. They shall be filled to a point not more than six 5
inches from the upper end. Bags of unpacked kindling wood or of coke 6
or charcoal sold or offered for sale by measure shall contain, and shall 7
be sold as containing, one half bushel, Massachusetts standard dry 8
measure. Bags and sacks shall be plainly marked with the name and 9
business address of the person putting up the same, and the words "one 10
half bushel" in bold, uncondensed, capital letters at least one inch in 11
height. Whoever himself or by his servant or agent or as the servant 12
or agent of another sells or offers for sale a paper bag or sack to be used 13
in the sale of coke, charcoal or kindling wood by measure which does 14
not conform in every particular to the requirements of this section shall 15
be punished by a fine of not more than one hundred dollars. 16
Section 244. Whoever, except as provided in section two hundred 1
and forty-one, sells coke, charcoal or coal by weight shall without cost to 2
Chap. 94.] inspection and sale of various articles. 1149
3 the purchaser cause the goods to be weighed by a sworn weigher of the 1002,453. §2.
4 town where they are weighed, and shall cause to be signed by the weigher 1910! 210! 5 1.
5 a certificate stating the name and place of business of the seller, and
6 either the identifying number, of which a permanent record shall be kept,
7 or the name of the person taking charge of the goods after the weighing
8 as given to the weigher on his request, the tare weight, and the quantity
9 of the goods. Such certificate shall be given to said person and shall be
10 given by him only to the owner of the goods or his agent when he unloads
11 the same; and each such person, on request and without charge therefor,
12 shall permit any sealer of weights and measures of any town to examine
13 the certificate and to make a copy thereof.
1 Section 245. A sealer of weights and measures of a town where any scaler may
2 quantity of coke, charcoal or coal for delivery is found may direct the be'^weilhed^
3 person in charge of the goods to convey the same without delay or charge r °l'. sl^s^sg.
4 to scales designated by such sealer, who shall there determine the J^Jgi 219! § 2.
5 quantity of the goods, and, if they are not in baskets or bags as required
6 by section two hundred and forty-one, shall determine their weight to-
7 gether with the tare weight, and shall direct said person to return to such
8 scales immediately after unloading the goods; and upon such return, the
9 sealer shall determine the tare weight. The scales designated by the
10 sealer as aforesaid may be the public scales of the town or any other scales
11 therein which have been duly tested and sealed, and shall be such scales
12 as in his judgment are most convenient.
1 Section 246. Each sealer of weights and measures of a town and ^Ijg'h^sand
2 each sworn weigher shall keep in a book used by him solely for that pur- "''h™^^'',
3 pose a record of all baskets sealed by him as aforesaid, and of all weigh- i9oi. 423 § 5.
4 ings and determinations of quantities of coke, charcoal or coal made by ' '
5 him as aforesaid. Such record shall be made at the time of measuring or
6 weighing, and shall state the day and hour of the measuring or weigh-
7 ing, the name and place of business of the vendor, the name of the owner
8 of the baskets or of the purchaser of the goods as given to him on his
9 request by the person taking charge of the baskets or goods after weighing
10 or measuring, the capacity of the baskets measured or quantity of goods
11 determined, and the name of said person; and, in the case of a reweighing
12 as provided in the preceding section, shall state the weight as given in
13 the certificate and as determined by him. No charge shall be made by
14 any such sealer for anything done under this and the two preceding
15 sections.
1 Section 247. Edgings or kindling wood shall not be sold in bundles Edgings and
2 unless the same are closely packed and are not less than twenty-seven sai'eoT^^"" '
3 inches in circumference. Kindling wood may be sold in bulk by the \111] W^'^l i|
4 load; but if unpacked shall not be sold unless by measure and, if exceed- ^' *■ ^■
5 ing six inches in length, shall not be sold in bags-or sacks.
1 Section 248. Whoever violates any provision of sections two hun- penalty for
2 dred and forty to two hundred and forty-seven, inclusive, except as other- offences.
3 wise provided therein, or fails to comply with any request for informa- ^°l\ 57^'§^9i'.
4 tion or direction made under authority of sections two hundred and forty, J^°|| *lf^ 1 1
5 two hundred and forty-one, two hundred and forty-four to two hundred jajs. |i8. § i-
6 and forty-six, inclusive, or gi\'es a false answer to any such request, shall |§ 3,4; 350,
7 be punished by a fine of not more than fifty dollars; and whoever is 1921,89, §2.
1150
INSPECTION AND SALE OF VARIOUS ARTICLES.
[Chap. 94.
1923, 155, § 2.
216 Mass. 126.
Enforcement
of law.
guilty of fraud or deceit as to the weighing, selling or delivering of coke, 8
charcoal or coal, or whoever, by himself, or by his servant, agent or 9
employee, sells or delivers coal which is short in weight or measure or 10
which contains an unreasonable amount of shale, slate, rock or other 11
foreign substance, shall be punished by a fine of not more than one 12
thousand dollars or by imprisonment for not more than one year, or 13
both. The director of standards and local sealers of weights and measures 14
shall cause sections two hundred and forty to two hundred and forty- 15
nine, inclusive, to be enforced. 16
Penalty for
having illegal
coal, etc.,
measures.
1758-9, 16, § 6.
1772-3, 8,
§§6-8.
1833, 193, § 2.
R. S. 28, § 208.
1852, 302, § 1.
1853, 305, § 3.
1859, 250,
§§1.2.
Section 249. A vendor of coal, coke, charcoal or kindling wood, 1
who has in his possession a basket, bag, sack or other measure which does 2
not conform in every particular to the requirements respecting such meas- 3
ure, with intent to use or permit it to be used in measuring coal, coke, 4
charcoal or kindling wood sold or offered for sale, shall be punished by a 5
fine of not more than twenty dollars, and such basket, bag, sack or 6
measure shall be destroyed. 7
G.S. 49, § 193.
P. S. 60, § 87.
1883, 218, § 2.
1884, 70.
1894, 429, § 4.
R. L. 57, § 92.
1918, 257, § 238.
1919, 5.
1920, 2.
Inspection
of coal
regulated.
Analysis.
Condemna-
tion, etc.
1923. 155, § 1.
Section 249A. The department of public health, local boards of
health, the director of standards and local sealers of weights and meas-
ures, by themselves or by their authorized agents, may enter each place
where coal is stored or kept for sale and each railroad train or car or
any vehicle used for its conveyance and may inspect said coal or take
therefrom samples for analysis or inspection. Said department or board
shall cause each sample taken to be analyzed, inspected or otherwise
satisfactorily tested and shall record and preserve as evidence the results 8
thereof. If, in the opinion of said department or board, upon inspection, 9
analysis or other satisfactory test, said coal is unfit for ordinary use, 10
said department, or said board with the approval of said department, 11
may condemn, seize and cause the same to be destroyed forthwith or 12
disposed of otherwise than for ordinary use. All money received by said 13
department or board for coal disposed of as aforesaid, after deducting 14
the expenses of said seizure and disposal, shall be paid to the owner of 15
such coal. 16
Hindrance of
or interference
with officials
penalized.
1923, 155. § 1.
Section 249B. Any person who hinders, obstructs or interferes with 1
the department of public health, local boards of health, the director of 2
standards, local sealers of weights and measures, or their authorized 3
agents, in the performance of their duty under the preceding section, 4
shall be punished by a fine of not less than one hundred nor more than 5
one thousand dollars or by imprisonment for not less than one month 6
nor more than one year, or both. 7
Sale, etc., of
condenmed
coal penalized.
1923. 155. § 1.
Section 249C. Whoever, by himself, or by his servant, agent or
employee, sells, exposes or offers for sale, or has in his custody or pos-
session with intent to sell, coal condemned under the provisions of
section two hundred and forty-nine A shall be punished by a fine of
not less than one hundred nor more than one thousand dollars or by
imprisonment for not less than one month nor more than one year, or
both.
Chap. 94.] inspection and sale of various articles. 1151
1 Section 249D. Whoever, by himself, or by his servant, agent or Saie, etc, of
2 employee, sells, exposes or offers for sale, or has in his custody or posses- prnaibed.
3 sion with intent to sell, coal unfit for ordinary use shall be punished by '®^^' '^*' ' '"
4 a fine of not more than one thousand dollars or by imprisonment for not
5 more than one year, or both.
1 Section 249E. Whoever, by himself, or by his servant, agent or Placing, etc.,
2 employee, in placing or packing coal in any basket, bag, sack or other stances with
3 receptacle, places or causes to be placed therein any foreign substance, receptacles
4 or sells, or exposes or offers for sale, or has in his custody or possession i923j'i55; § i.
5 with intent to sell, coal placed or packed in a basket, bag, sack or other
6 receptacle containing an unreasonable amount of any foreign substance
7 shall be punished by a fine of not more than one thousand dollars or by
8 imprisonment for not more than one year, or both.
1 Section 249F. The department of public health, local boards of ^{"^""eTe'ced-
2 health, the director of standards and local sealers of weights and meas- '°8 sections
, ,, • • 1 !• 1 regulated.
3 ures shall cause the five precedmg sections to be enforced. 1923, 155, 5 1.
commercial fertilizers.
1 Section 250. No commercial fertilizer shall be sold or offered or Saie of com-
2 exposed for sale without a plainly printed label accompanying it, dis- hzersreguiaVed.
3 played in the manner hereinafter set forth, and trulj' stating the following ^i^tents.™ *"''
4 particulars: _ }|?l:i?2,S'i.
5 1. The number of pounds of the fertilizer sold or offered or exposed }P|' l°f | J-
6 for sale. p.s.'so, us.'
7 2. The name, brand or trade mark under which the fertilizer is sold, §§ i,'4.
8 and, in the case of agricultural lime, its particular form. §§ i.'I '
9 3. The name and principal address of the manufacturer, importer or J^^ '"^^' 55^^'
10 other person putting the fertihzer on the market in the commonwealth. JsH'^ss, is 1,
11 4. The minimum percentage of each of the following constituents
12 which the fertilizer contains: (o) nitrogen, (b) phosphoric acid soluble
13 in distilled water, (c) available phosphoric acid, (d) total phosphoric
14 acid, (e) potash soluble in distilled water; except that when undissolved
15 bone, untreated phosphate rock, tankage, pulverized natural manures,
16 the ground seeds of plants, or wood ashes are sold unmixed with other
17 substances, the minimum percentage of total phosphoric acid therein
18 may be stated in place of the percentages of soluble and available phos-
19 phoric acid; and except that in the case of agricultural lime the label
20 shall truly state the following: (a) minimum and maximum percentage
21 of total lime, (6) minimum and maximum percentage of total magnesia,
22 (c) minimum percentage of lime and magnesia combined as carbonates,
23 (d) minimum percentage of lime sulphate in gjTpsum or land plaster.
24 5. If any part of the nitrogen contained in the fertilizer is derived
25 from pulverized leather, raw, roasted or steamed, or from untreated
26 hair, wool waste, peat, garbage tankage, or from any inert material
27 whatsoever, the label shall truly state the specific materials from which
28 such part of the nitrogen is derived.
1 Section 251. When any fertilizer is sold or offered or ex-posed for sale Label to be
2 in packages, the label shall be affixed in a conspicuous place on the out- i^n^ljss^ri
3 side thereof. When any fertilizer other than the product of gas houses,
4 known as gas house lime, is offered or exposed for sale in bulk the label
1152
INSPECTION AND SALE OF VARIOUS ARTICLES.
[ClIAP. 94.
shall be affixed in a conspicuous place to the bin or other enclosure where 5
the fertilizer is contained but need not state the number of pounds 6
thereof, and when such fertilizer is sold in bulk the label shall be affixed 7
in a conspicuous place to the vehicle in which the fertilizer is shipped or 8
delivered, and shall state the number of pounds thereof. When any 9
fertilizer is sold in packages furnished by the purchaser the seller shall 10
furnish the labels therefor. 11
Certain pro-
visions of label
recognized as
guaranteed
analysis.
1911, 388, 5 3.
Section 252. The provisions of the printed label required under the
two preceding sections relating to the constituents contained in any
fertilizer shall be known and recognized as the guaranteed analysis of
such fertilizer, and the available phosphoric acid in basic phosphatic
slag shall be stated in the label thereof.
Sale of certain
commercial
fertilizers for-
bidden.
1869, 63. § 2.
1873,312, § 2.
1874. 206, § 3.
1878, 258, § 3.
P. S. 60, § 15.
Section 253. No person shall sell, offer or expose for sale a commer-
cial fertilizer or brand of commercial fertilizer, any constituent part of
which is of a smaller percentage than as stated on tiie label of said
fertilizer, and no person shall sell, offer or expose for sale a fertilizer or
brand thereof with a label which is untrue in any particular.
1888, 296, § 5. 1896, 297, § 5. R. L. 57, § 15. 1911, 388, §§ 4, 12.
Sale of com-
mercial fer-
tilizers regu-
lated. Fees,
1873, 312, § 4.
1874, 206,
§§ 2, 5.
1878, 258,
5§2, 5.
P. S. 60,
§§ 12, 14.
1888, 296,
§§ 2, 3, 7.
1896, 397.
H 2. 3. 7.
R. L. 57, §§ 12,
13.
1911, 388, §§ 5,
12.
Section 2.54. No person shall sell or offer or expose for sale any 1
commercial fertilizer until he has filed with the director a copy certified 2
by him to be a true copy of the label required by section two hundred 3
and fifty, excepting as to the item as to the number of pounds, for each 4
brand of fertilizer to be sold, offered or ex-posed for sale and has paid to 5
the said director an analysis fee for each brand aforesaid as follows: 6
eight dollars for nitrogen, eight dollars for phosphoric acid, eight dollars 7
for potash, contained or stated to be contained in any such brand of 8
fertilizer, and twelve dollars for each brand of agricultural lime except 9
gas house lime; nor unless he holds a valid and uncancelled certificate 10
issued under section two hundred and fifty-six. Any person desiring in 11
any year to sell or to offer or expose for sale any brand of commercial 12
fertilizer in respect of which the requirements of this section as to the 13
filing of a copy of the label thereof and the payment of the analysis fee 14
therefor have not been complied with before January first of said year, 15
may offer or expose for sale and sell the said brand upon filing a certified 16
copy of the label thereof and paying the full analysis fee therefor. No 17
person shall be obliged to file a copy of the label of, or to pay an analysis 18
fee for, any brand of fertilizer for which a certified copy of the label 19
has been filed and the analysis fee paid by the manufacturer or importer 20
of such brand. 21
No person shall file with the director a false copy of the label of any 22
fertilizer or brand of fertilizer 23
Same subject.
Statement,
permit, fee.
1918, 220, § 3.
Section 255. In addition to the requirements of the preceding sec- 1
tion, each person who sells or offers or exposes for sale any commercial 2
fertilizer shall, on or before January first and July first in each year, file 3
with the director a sworn statement in such form as he prescribes setting 4
forth the number of net tons of fertilizer sold by him in the commonwealth 5
during the preceding six months, stating in each case the number of tons 6
of each brand sold, together with a permit allowing the director or his 7
authorized deputy to examine the books of the person filing the statement, 8
for the purpose of verifying the same, and shall thereupon pay to the 9
Chap. 94.] inspection and sale of various articles. 1153
10 director a fee of six cents a ton of two thousand pounds for the fertilizers
11 so sold; except that no such statement, permit or fee shall he required in
12 respect of agricultural lime. The director or his authorized deputy may
13 cancel the certificate for any brand of fertilizer in respect to which the
14 requirements of this section have not been complied with. Whoever sells,
15 offers or exposes for sale a fertilizer or brand of fertilizer without having
16 filed the statement and permit and paid the fee required by this section
17 shall be punished by a fine of not more than five hundred dollars. But
18 no person shall be obliged to file a statement or permit, or to pay the fee
19 required by this section, for any brand of fertilizer for which the state-
20 nient and permit have been filed and for which the fee has been paid by
21 the manufacturer or importer of such brand.
1 Section 256. When the certified copy of the label of any brand of o^a^l^il
2 fertilizer has been filed, and the proper fees have been paid, the director '."''«'• """
.3 shall issue a certificate to that eft'ect; and the certificate shall authorize 'j!0"'.«'<^j
4 the sale, in compliance with sections two hundred and fifty to two hun- sale, etc., if
5 dred and sixty-one, inclusive, of the brand of fertilizer for which the [s"ued!"tc.°°'
6 certificate is issued, up to and including December thirty-first of the year \l\l] Ho, 1 1!
7 for which it is issued. The said director or his authorized deputy may
8 refuse to issue a certificate for any fertilizer or brand of fertilizer which
9 does not contain at least one half of one per cent of nitrogen, or one half
10 of one per cent of potash soluble in distilled water, or one per cent of
11 phosphoric acid, or five per cent of lime, or five per cent of magnesia, or
12 which contains its potash, phosphoric acid, lime or magnesia in forms
1.3 substantially insoluble by the methods of analysis for commercial ferti-
14 lizers prescribed by the Association of Official Agricultural Chemists of
15 North America, or which does not possess substantial properties as a
16 fertilizer. The director or his authorized deputy may also refuse to issue
17 a certificate for any fertilizer under a name, brand or trade mark which
18 is untrue in any particular, or which, in his opinion, would be misleading
19 or deceptive in any particular, or would tend to mislead or deceive as to
20 the constituents or properties of said fertilizer, and may refuse to issue
21 more than one certificate for any fertilizer under the same name or brand,
22 or to issue a certificate for any fertilizer under a name or brand to the use
23 of which the person seeking it is not la^vfully entitled. If a certificate is
24 issued for any fertilizer and it is afterward discovered that the certificate
25 itself, or the granting of it, or the manner of procuring it, was in any
26 respect in violation of any pro\'ision of sections two hundred and fifty to
27 two hundred and sixty-one, inclusive, the director or his authorized
28 deputy may cancel the certificate. Whoever sells, offers or exposes for
29 sale any fertilizer or brand of fertilizer for which no certificate has been
30 issued by the director or his authorized deputy, or the certificate for which
31 has been cancelled, shall be punished by a fine of not more than two
32 hundred dollars.
1 Section 257. Each commercial fertilizer and brand of commercial f„\""^/g
2 fertilizer sold or offered or exposed for sale shall be subject to analysis Pubiuation of
3 by the director or by his duly designated deputy. The said director shall Free analysis.
4 make or cause to be made in each year one or more analyses of each fer- §5 .-j.'s. '
5 tilizer and brand of fertilizer sold or offered or exposed for sale in the §§^4,'|.*'^'
6 commonwealth, and shall collect the annual analysis fee provided for by 5|^|;|.^^'
7 section two hundred and fifty-four; and he, his inspectors and deputies, J'^s ^o, §§ ii,
8 may enter upon any premises where any commercial fertilizer is sold or isss, 296, § 7.
1154
INSPECTION AND SALE OF VARIOUS ARTICLES. [ChAP. 94.
1896, 297, §
R. L. 57, § 1
1907, 289.
1911, 388,
S5 7. 12.
offered or e.xposed for sale to ascertain if sections two hundred and fifty 9
to two hundred and sixty-one, inclusive, are complied with, and to take 10
samples for analysis. The analysis of all fertilizers shall be made by the 11
methods adopted by the Association of Official Agricultural Chemists of 12
North America, except that basic phosphatic slag may be analyzed by the 1.3
Wagner method, so called, until a method of analysis therefor is adopted 14
by said association. The said director may publish or cause to be pub- 15
lished in reports, bulletins, special circulars or otherwise, the results 16
obtained by said analyses, and in connection therewith shall, in each case, 17
state the cost of equivalent amounts of nitrogen, phosphoric acid and 18
potash in unmixed materials when bought for cash on the market at 19
retail. Said publications shall also contain such additional information 20
in relation to the character, composition, value and use of the fertilizers 21
analyzed as the director sees fit to include. He may make or cause to 22
be made for any person a free analysis of any commercial fertilizer or 2.3
brand of commercial fertilizer sold or ofi'ered or exposed for sale in the 24
commonwealth, but he shall not be obliged to make such free analysis, 2.5
or to cause the same to be made, unless the samples therefor are taken 26
and submitted in accordance with the rules and regulations which he 27
prescribes. The results of any analysis made in accordance with the 28
aforesaid sections, except a free analysis as aforesaid, shall be sent by 29
the director to the person named in the printed label of the fertilizer .30
analyzed at least fifteen days before any publication of such results. 31
Taking of
samples for
analysis regu-
lated.
1911,388, § 8.
Section 2.58. Each sample of commercial fertilizer taken for analy- 1
sis shall be of not less than substantially one and one half pounds in 2
weight, and each sample shall be taken, whenever the circumstances con- 3
veniently permit, in the presence of the person selling or offering or 4
exposing for sale the fertilizer sampled, or of a representative of such 5
person. Broken packages sli 11 not be sampled, and all samples shall be 6
taken from substantially ten per cent of the fertilizer to be sampled, 7
except that if fertilizer is sold or offered or exposed for sale in bulk ten 8
single samples shall be taken from as many different portions of the lot. 9
All samples taken shall be thoroughly mixed and divided into two nearly 10
equal samples, placed in suitable vessels, and marked and sealed. Both 11
shall be retained by the director, but one shall be held intact by him for 12
one year at the disposal of the person named in the label of the fertilizer 13
sampled. 14
St?etc'°° °' Section 259. All fees for analysis, or otherwise, under any provision 1
1918' 220 1 3°' °^ sections two hundred and fifty to two hundred and sixty-one, inclusive, 2
shall be collected by the director and paid to the commonwealth. 3
Rules and
regulations.
Complaints.
1873, 312,
§§3,5.
1874, 206,
§5 4,6.
187.S, 258,
§§ 4, 6.
P. S. 60,
5§ 11. 16.
1888, 296. § 7.
1896, 297, § 7.
R. L. 57, § 17,
1911, 388,
S§9, 12.
1918, 220, § 2.
Section 260. The director shall enforce sections two hundred and 1
fifty to two hundred and sixty-one, inclusive, and may prescribe and 2
enforce such rules and regulations as to the sale of commercial fertilizers 3
as he deems necessary to enforce said sections, and may prosecute or 4
cause to be prosecuted any person violating any provision of said sections. 5
No complaint based upon an analysis of samples shall be made for any 6
violation of any provision of said sections, if samples an> taken otherwise 7
than as provided therein. No complaint sliall be made for the failure 8
of any fertilizer or brand of fertilizer to meet the guaranteed analysis 9
thereof if the analysis made by the director of such fertilizer or brand 10
Chap. 94.] inspection and sale of vakious articles. 1155
11 shows the amounts of its constituents to be substantially equivalent to
12 the percentages stated in the label.
1 Section 261. Whoever hinders or obstructs the director, his inspector Penalty for
2 or deputy, in the discharge of any authority or duty conferred or imposed etc., dirTc-
3 by any provision of sections two hundred and fifty to two hundred and Igl'it'sss. 5 o
4 sixty-one, inclusive, and, except as otherwise provided in section two ^^^^' ^^o. 5 2.
5 hundred and fifty-six, whoever violates any provision of sections two
6 hundred and fifty to two hundred and fifty-four, inclusi\'e, shall be
7 punished by a fine of not less than fifty nor more than two hundred
8 dollars.
agricultural seeds.
1 Section 261 A. Every lot of agricultural seeds of ten pounds or Tagoriabei
2 more, except as otherwise provided in sections two hundred and container.
3 sixty-one B to two hundred and sixty-one L, inclusive, shall have affixefi if'Jot't"n'
4 thereto, in a conspicuous place, on the exterior of the container of such P°""gr
5 agricultural seeds, a plainly written or printed tag or label in the English 1927. 274, § 2.
6 language, stating:
7 (a) The commonly accepted name of such agricultural seeds.
8 (b) The approximate percentage, by weight, of purity; meaning, the
9 freedom of such agricultural seeds from inert matter and from other
10 seeds distinguishable by their appearance.
11 (c) The approximate total percentage, by weight, of weed seeds.
12 {d) The name and approximate number per ounce of each kind of
13 noxious weed seeds, which are present, singly or collectively, as follows:
14 (1) in excess of one seed in each five grams of seeds of grasses, alfalfa
15 and clovers; (2) in excess of one seed in each twenty-five grams of
16 millets, rape, Sudan grass and other seeds of similar size not specified in
17 subdivision (1) or (3) of this paragraph; (3) in excess of one seed in each
IS hundred grams of wheat, oats, rye, barley, buckwheat, vetches, soybeans,
19 cowpeas and other seeds as large or larger than wheat.
20 (e) The approximate percentage of germination of such agricultural
21 seed together with the month and year said seed was tested.
22 (/) Name and address of the vendor of such agricultural seed.
1 Section 261B. Mixtures of agricultural seeds of ten pounds or same subject.
2 more which contain not more than two kinds of such seeds which are j^ceftahi'
3 present in excess of five per cent by weight of each kind, shall have Jg'ly"?*, § 2.
4 affixed thereto, in a conspicuous place on the exterior of the container
5 of such mixture of seeds, a plainly written or printed tag or label, in the
6 English language, stating:
7 (a) That such seed is a mixture.
8 (6) The name and approximate percentage by weight of each kind
9 of agricultural seed present in such mixture in excess of five per cent by
10 weight of the total mixture.
11 (c) Approximate total percentage by weight of weed seeds.
12 (d) The name and approximate number per ounce of noxious weed
13 seeds which are present singly or collectively in excess of one seed in
14 each fifteen grams of such mLxture.
15 (e) Approximate percentage of germination of each kind of agricul-
10 tural seed present in such mixture in excess of five per cent by weight,
17 together with the month and year said seed was tested.
18 (/) Name and address of the vendor of such mixture.
1156
INSPECTION AND SALE OF VARIOUS ARTICLES.
[Chap. 94.
Same subject.
Contents,
if other
mixtures.
1927, 274, 5 2.
Section 261C. Mixtures of agricultural seeds, except as specifiefl 1
in section two hundred and sixty-one B, shall have affixed thereto in a 2
conspicuous place on the exterior of the container of such mixture a 3
plainly written or printed tag or label in the English language stating: 4
(a) That such seed is a mixture. 5
(6) The name of each kind of agricultural seed which is present in 6
excess of five per cent or more by weight of the total mixture. 7
(c) The approximate total percentage by weight of weed seeds. 8
(rf) The approximate percentage by weight of inert matter. 9
(e) The name and approximate number per ounce of each kind of 10
noxious weed seeds which are present singly or collectively in excess of 11
one seed in each fifteen grams of such mixture. 12
(/) Name and address of the vendor of such mixture. 13
Same subject.
Contents, if
vegetable
seeds.
1927, 274, 5 2.
Section 261D. Every lot of vegetable seeds shall have affixed 1
thereto in a conspicuous place on the exterior of the container a plainly 2
written or printed tag or label in the English language stating: 3
(a) The kind of seed and variety. 4
(6) Name and address of the vendor of such vegetable seeds. 5
Same subject.
Contents, if
seeds "not
tested".
1927, 274, § 2.
Section 261E. Agricultural seeds or mixtures thereof may be 1
marked "not tested" and seeds so marked or labelled shall have affixed 2
thereto in a conspicuous place on the exterior of the container of each 3
lot of such "not tested" seeds, a plainly written or printed tag or label 4
in the English language stating: 5
(a) That such seed is " not tested ". 6
(6) The name and address of the vendor of such "not tested" seeds. 7
Seeds, when
exempt from
§§ 261A-261L.
1927, 274, § 2.
Section 261F. Agricultural seeds or mixtures thereof shall be ex-
empt from the provisions of sections two hundred and sixty-one A to
two hundred and sixty-one L, inclusive:
(a) When sold to merchants to be recleaned before being sold or
exposed for sale for use for seeding purposes.
(6) When in storage for the purpose of recleaning or not possessed,
sold or offered for sale for use for seeding purposes within the common-
wealth.
Enforcement
of said sections
and prosecu-
tion of viola-
tions thereof
regulated.
1927, 274, 5 2.
Access to
stores, etc.
Taking of
samples for
analysis, etc.
1927, 274, § 2.
Section 261G. The commissioner of agriculture and his duly au- 1
thorized assistants shall have authority to enforce sections two hundred 2
and sixty-one A to two hundred and sixty-one L, inclusive, and to prose- 3
cute all violations thereof. Before any prosecution is begun by said 4
commissioner or any of his duly authorized assistants, the parties con- 5
cerned shall be gi\en an opportimity to be heard before said commis- 6
sioner or a person designated by him for such purpose. The parties 7
concerned shall be given reasonable notice of the hearing, specifying S
the day, hour and place thereof, and accompanied by a description of 9
the alleged violation. 10
Section 261H. The commissioner of agriculture, either in person or 1
by his assistants, shall have free access at all reasonable hours to each 2
building or other place where agricultural seeds or mixtures thereof 3
are stored, sold or ottered or exposed for sale for the purpose of inspcc- 4
tion of such seeds and, upon tendering the market price, may take 5
samples of such agricultural seeds or mixtures thereof for tests and 6
Chap. 94.) inspection and sale of various articles. 1157
7 analyses. Such samples shall he thoroughly mixed and two official
8 samples taken therefrom; each official sample shall be securely sealed.
9 One of these official samples shall be held by the commissioner or his
10 authorized agent at the disposal of the person named on the lai)cl as
11 the vendor of the af^ricultural seed sampled, for six months after the
12 results of the analysis have been reported as provided in the following
13 section, and the other sample retained bj' said commissioner or agent for
14 analysis.
1 Section 2611. The commissioner of agriculture shall cause such Analyses and
2 tests and analyses as he may specify to be made of samples collected fication of'"
3 under the preceding section in order to determine the quality of the i927,'274, § 2.
4 seeds contained in such samples. To enable said commissioner to de-
5 termine the trueness to type or variety of ^'egetable and other seeds he
f) shall pro\'ide that field tests be made of such samples of seeds as he may
7 designate and may publish the results of all such tests and analyses as
8 are made in accordance with the provisions of this section.
1 Section 261J. The word "approximate" as used in sections two Definition of
2 hundred and sixty-one A to two hundred and sixty-one L, inclusive, shall ma^e'^°by
3 be defined in rules and regulations promulgated by the commissioner of o? a^icuUme
4 agriculture. authorised.
1927, 274, § 2.
1 Section 261K. Any person residing or doing business in this com- Submission of
2 monwealth shall have the privilege of submitting to the commissioner and analysis.
3 of agriculture samples of agricultural seeds for test and analysis, subject tion. "*''°^'
4 to such rules and regulations as may be adopted by said commissioner, ^^"^' "^■'' ^ ^'
5 including a reasonable charge or fee for such test and analysis. Re-
6 ceipts under this section shall be paid into the treasury of the common-
7 wealth.
1 Section 261L. Whoever sells, offers or exposes for sale, any lot of ^^ifMii, § 2.
2 agricultural seeds, or mixtures of agricultural seeds, without complying
3 with the requirements of sections two hundred and sixty-one A to two
4 himdred and sixty-one K, inclusive, or falsely marks or labels such agri-
5 cultural seeds or mixtures thereof or vegetable seeds, or impedes, ob-
6 structs or hinders the commissioner of agriculture or any of his duly
7 authorized agents in the discharge of the authority or duties conferred
8 or imposed by any provision of said sections, shall be punished by a fine
9 of not more than five hundred dollars.
lime and lime casks.
1 Section 262. The mayor of a city or the selectmen of a town where inspectors
2 lime is manufactured, or into which it is imported, may annually appoint iso9?63, 5§ 5,
3 one or more inspectors of lime, who shall be sworn to the faithful per- fi.s. 28, §133.
4 formance of their duty and shall inspect all lime manufactured in such p |; g®; 1 4g*-
5 city or town at the time when a cask is filled at the kiln, and all lime ^- ^- ^^- ^ *''■
6 imported or sold in such city or town.
1 Section 263. Each cask of lime so inspected shall be branded with Casks of Ume,
2 the word "inspected", with the name of the inspector and with the ism, 62?'§^c.
3 name of the town where it is manufactured.
R. S. 28, § 134. G. S. 49, § 119. P. S. 60, § 47. R. L. 57, § 48.
1158
INSPECTION AND SALE OF VARIOUS ARTICLES.
[Chap. 94.
Section 264. An inspector of lime shall receive four cents for the
inspection and branding of each cask of such manufactured lime, which
shall be paid by the manufacturer or owner; and the same amount for
g; s. 49. § 120' the inspection of each cask of lime so imported or sold, which shall be
Fees of
inspectors
1809, 62,
§M-6,
1810, 128
R. L.Tf.Vw. paid by the purchaser.
Quality of
lime and casks.
1785. 25, § 16.
1793. 65, § 1.
1794, 22.
1796, 16.
1802, 121.
1809, 62, § 1.
R. S. 28, § KJ6.
G. S. 49, § 121.
P. S. 60. § 49.
Section 265. No stone lime manufactured within the commonwealth
shall be sold or exposed for sale, or shipped on board a vessel in casks,
unless it is well burnt and pure, in good and sufficient new casks contain-
ing either one lumdred and eighty or two hundred and eighty pounds
each, made of well seasoned heads and staves, with ten good and sufficient
hoops on each cask, well driven and sufficiently secured with nails or pins.
R. L. 57, § 50. 1918, 257, § 233. 1919, 5. 1920, 2.
Penalty for
sale, etc., of
certain lime.
1809, 62,
«7, 11.
R. S. 28, § 137.
G. S. 49, § 123.
P. S. 60, § 50.
R. L. 57, § 51.
Section 266. Whoever sells, exposes for sale, ships or receives on 1
board a vessel in casks, any lime manufactured in the commonwealth, 2
other than such as is contained in casks made according to the preced- 3
ing section and marked or branded as provided in section two hundred 4
and sixty-three, shall be punished by a fine of one dollar and fifty cents 5
for each cask sold, exposed for sale, shipped or received on board a vessel; 6
but sections two hundred and sixty-two to two hundred and sixty-eight, 7
inclusi\e, shall not pre\ent any person from retailing lime by the bushel 8
or other quantity, when not in casks. 9
Section 267. Whoever, after a cask containing lime has been branded
as aforesaid, shifts the contents of such cask and puts therein other lime
Penalty for
shifting con-
tents of casks.
isob! 62, § 8. with intent to sell the same, shall be punished by a fine of one dollar and
R S ^8 S 139 . .
G. s. 49, § 125. fifty cents for each cask of lime so shifted.
p. S. 60, § 51. R. L. 57, § 52.
Forfeiture
of casks.
1793. 65.
1809. 62, § 7.
R.S. 28, H38.
G. S. 49, § 124.
P. S. 60, § 52.
Section 268. A cask of lime which is sold, exposed for sale, or put
on board a vessel, contrary to any provision of sections two hundred
and sixty-two to two hundred and sixty-eight, inclusive, shall be forfeited,
and may be seized and libelled by an inspector of lime.
R. L. 57, § 53.
marble, soapstone and freestone.
Section 269. [Repealed, 1931, 426, § 13.]
Manufacture,
sale, etc., of
articles of
bedding or
upholstered
furniture, and
remaking, etc.,
of mattresses,
rcKulated.
Tags, tiuality,
form and
contents.
1915, 148. 5 1.
1923, 226, § 1.
1928, 307. 5 2.
270 Mass. 238.
(Penalty, §277.)
m.\ttres.ses, etc.
Section 270. No person shall manufacture for purposes of sale, sell, 1
offer or ex^jose for sale, or have in possession with intent to sell, any 2
article of bedding or article of upholstered furniture unless there is plainly 3
marked upon each such article, or upon a tag se'wed thereon, or otherwi.se 4
securely attached thereto, a statement in the Englisli language of the kind .')
of material used for filling in the manufacture of such article, the name 6
of the manufacturer or vendor, and, also, if the material has previously 7
been used, the words "second hand" and, unless, if any such article is S
enclosed in a bale, box, crate or otlier receptacle, there shall be plainly 9
marked upon such receptacle, or upon a tag securely attached thereto, a 10
statement that the contents of the package are marked as herein required. 1 1
Whoever renovates or remakes any mattress shall attach a tag thereto 12
Chap. 94.] inspection and sale of vahious articles. 1159
13 bearinji; the word "remade" and a statement of the kind of material used
14 for fining. Possession of any article of bedding or article of upholstered
1.') furniture not marked as provided herein, hy any person engaged in the
IG business of manufacturing, selling or offering for sale any such article,
17 shall be prima facie evidence that such article is being manufactured,
15 remade or renovated, or is offered or exposed for sale, in violation of the
19 provisions of this section. If none of the material used for filling any
20 article of bedding or article of upholstered furniture shall have been prc-
21 viously used the tag shall in addition bear the words "manufactured of
22 new material". The tag required by this section shall be of durable
23 muslin or linen, or in the case of articles of upholstered furniture, of paper
24 or cloth permanently pasted or attached to each such article and shall be
25 in such form as shall be prescribed by the department of public health.
26 If what is known in the trade as "sweeps" or "sweepings" is used in the
27 filling of any article of bedding, such material shall be named "mill
28 sweepings" on any tag required under this section and if material known
29 in the trade as " oily sweeps " or " oily mill sweepings " is used in the filling
30 of any article of bedding such material shall be named "oily mill sweep-
31 ings" on any tag required under this section. The tag shall be securely
32 sewed at least by one edge to the outside seam of the ticking or cover of
33 every article of bedding to be manufactured, before the material used for
34 filling has been placed inside the ticking or cover. No tag shall bear any
35 misleading term or description.
1 Section 271. No person shall use, in the manufacture of any article Use of certain
2 of bedding or article of upholstered furniture for purposes of sale, or sell "roMbfted.
3 or offer or expose for sale, or have in possession for the purpose of such J923; Itt'. 1 2'-
4 use or for sale or for use in the remaking or renovating of any such article, i^^s, 307, § 3.
5 any material which has previously been used in or about a hospital, or Penalty, § 277.1
6 on or about the person of any one having an infectious or contagious
7 disease, nor shall any person sell, or offer or expose for sale, any such
8 article containing materials which have previously been so used.
1 Section. 272. No person shall sell or offer for sale any second hand f^^'Jond'han'd
2 hair, down, feathers, wool, cotton, kapok or other materials commonly J'^''';^,^^'^^^
3 used for filling articles of bedding or articles of upholstered furniture. Penalty^
4 representing the same to be new material. No person engaged in the 1923', 226! § 3.
5 business of selling any such materials shall ship any box, crate, package ^^^*' ^°^' ^ *'
6 or other container in which is placed any such hair or other material
7 above specified unless there is attached thereto a tag containing a state-
8 ment of the contents of the package together with the name of the
9 vendor, and if the material has been used before, with the words " second
10 hand ". Violation of any provision of this section shall be punished by
11a fine of not more than five hundred dollars or by imprisonment for not
12 more than six months, or both.
1 Section 273. The department of public health, whenever there is investigation,
2 reason to believe that any provision of sections two hundred and sev- pa^rtment'of
3 enty to two hundred and seventy-se\'en, inclusive, is being violated in Certain abides
4 any factory, shop, warehouse, store or other place, shall cause an investi- f.°„n^i"an''".*''
5 gation to be made of any such place, and for this purpose any member ?™^JJJ'j[,°/j.
6 or duly authorized employee of the said department may enter such 1915, hs. | 3.
7 building or other place at all reasonable times. If, upon investigation, 1923'. 221,', § 4.
8 articles of bedding or articles of upholstered furniture, or materials for ^^"*' ^" '
1160
INSPECTION AND SALE OF VARIOUS ARTICLES.
[Chap. 94.
use in the manufacture, remaking or renovation of the same, shall there 9
be found, which have been previously used in or about a hospital, or on 10
or about the person of any one having an infectious or contagious dis- 11
ease, such materials or articles, whether manufactured, remade or reno- 12
vated or in process of manufacture, remaking or renovation, shall be 13
marked by the said department with labels bearing the word "unclean" 14
in conspicuous letters, and the said department, with or without notice 15
to the owner or supposed owner, may order the removal and destruction 16
of the said materials or articles or make such other order relating thereto 17
as the circumstances of the case require. Whoever obstructs, hinders or 18
in any way interferes with any duly authorized employee of the depart- 19
ment in the performance of his official duties under this and the fol- 20
lowing sections shall for the first offence be punished by a fine of not 21
more than fifty dollars and for a subsequent offence by a fine of not 22
more than one hundred dollars. 23
Posting of
notices, etc.
Penalty for
removal.
1913. 148,
5§4, 6.
Section 274. The said department, or its duly authorized employee, 1
whenever it is deemed necessary to safeguard the public health, may 2
post upon any building or part thereof containing materials or articles 3
mentioned in the preceding section, or from which the same have been 4
removed, a notice or warning of the danger of contagion or infection 5
resulting from the violation of sections two hundred and seventy to two 6
hundred and seventy-seven, inclusive, and may continue such notice 7
upon the said premises until the same have been properly cleaned and 8
disinfected. Whoever removes or effaces such notice or warning except 9
by order of the said department shall be punished by a fine of not more 10
than fifty dollars. 11
notify'tfepa'rt- Section 275. Any police officer, member of any local board of health, 1
when. '*"'■■ °^ other town official, who has reason to believe that any provision of 2
1919' 35o' I 96 s'^'^tions two hundred and seventy to two hundred and seventy-se\-en, 3
inclusive, has been or is being violated, shall give notice thereof to the 4
department of public health. 5
Penalty for
removal, etc.,
of marking
or tag. etc.
1915, 148,
§§1.6.
Section 276. Whoever, except a purchaser at retail, removes or
effaces any marking upon any article or receptacle or any tag or label
attached thereto as provided in section two hundred and seventj- shall
be punished by a fine of not more than fifty dollars.
vfolatiM of Section 277. Whoever violates any provision of section two hundred 1
i9iw48''§^6^' ^"^ seventy or two hundred and seventy-one shall be punished by a fine 2
1923! 226! § 5. of uot morc than five hundred dollars or by imprisonment for not more 3
than six months, or both. 4
Nails and
brads, how to
be made and
packed.
1799, 64, § 5.
1802, UW, § 5.
1826, 122, § 1.
U. S. 28,
§§ 163, 164.
G. S. 49, § ir,2.
P. S. CO, § 56.
NAILS.
Section 278. Wrought, cut or wire nails and brads of all sizes man-
ufactured in the commonwealth siiall be well made, packed free from
waste pieces of iron unless they are refuse nails or brads, and free from
any fraudulent mixture increasing the weight, in strong and suflScient
casks of season timber, well hooped, containing not more than three
hundred pounds each.
1892, 63, 5 1. R. L. 57, § 55.
Chap. 94.] inspection and sale of various articles. 1161
1 Section 279. Each cask of wrought, cut or wire nails or brads shall ^.f^J'^and'ed '°
2 be marked or branded on the head by the manufacturer, in plain, legible {^m. m. § i
3 letters in the English language, with his name and the net weight of the i826! 122! § i'.
4 contents of the cask.
G. S. 49, § 153. p. S. 60, § 57. 1892. 63, § 1. R. L. 57, 5 56.
1 Section 280. If a cask, package or quantity of wrought, cut or wire Penalty for
2 nails or brads, manufactured in the commonwealth or elsewhere and cLk"f'etc!',"of
.3 not branded or marked as provided in the preceding section, is offered branjed*! ' ""^
4 or exposed for sale within the commonwealth or put on board a vessel Jlol'iosS^e
5 or vehicle, unless to be carried out of the commonwealth, it shall be Jf ^g' af'i L^s
6 forfeited.
G. S. 49, § 154. P. S. 60. § 58. 1892. 63, § 2. R. L. 57. § 57.
1 Section 281. Whoever counterfeits a brand used or intended to be Penalty for
2 used for the purpose of marking a cask of nails or brads, or destroys or brand!^etc''°*
3 alters a mark or impression made by another's brand on a cask of wrought, HH'^ los.S*?-
4 cut or wire nails or brads, and causes a different impression by such jf^s'^l^jiee
5 counterfeit brand to be marked or impressed thereon, or shifts any such Sflo'liP'
6 nails or brads from one branded cask to another and thereby avails him- isoi es, § s.
7 self of another's brand, shall forfeit twenty dollars. ■ ■ ■
1 Section 282. All forfeitures recovered under the two preceding sec- Disposition of
2 tions shall be divided equally between the informer and the common- i799"6"^'
3 wealth. 5§4,'9.'
1802. 103, § 9. R. S. 28, § 168. R. L. 57, § 59.
1826, 122. § 5. 1892, 63, § 4.
slot machines, etc.
1 Section 283. No person shall maintain any slot machine or other siot machines
2 automatic device, except gas meters, electric meters and telephones, maufdelices?'
3 which, upon the deposit therein of any coin or other article of value, i92o,^325**'''''
4 furnishes music or other entertainment, exhibits pictures, provides facil- ^^ '■ ^■
5 ities for weighing, supplies any merchandise or other thing, or renders
6 any service, or is represented to do or perform any of the above men-
7 tioned things, unless such machine or device is of a type approved by the
8 director of standards; but no person maintaining such machine or device
9 with respect to which, or to the operation, service or supplies of which,
lU there is any element of chance shall be protected or be entitled to im-
11 munity from prosecution because of such approval.
1 Section 284. Whoever installs or maintains a machine or device Penalty.
2 mentioned in the preceding section which is of a type not approved as ^^^°' ^^^'
3 therein provided shall, if such machine or device fails properly to respond
4 to the insertion or deposit therein of a coin or other article of value, be
5 punished by a fine of not more than twenty-fi\e dollars.
thread.
1 Section 285. Each manufacturer of cotton, linen or silk sewing sewing thread
2 thread, and each person engaged in putting up such thread on spools, ilei. 1^20*! §1'.
3 or in packages of four ounces weight or less not wound on spools, shall, lllo\ \\l[ | J;
4 before the same is offered for sale, affix to or impress upon each spool r. L.s'y.^g^'.
5 of such thread, and upon each package of such thread not wound on
6 spools, a label or stamp plainly and conspicuously designating the quan-
1162
INSPECTION AND SALE OF VARIOUS ARTICLES.
[Chap. 94.
Penalty for
neglect to
affix label.
1S69, 120, § 2.
1878, 169. 5 2.
P. S. 60, 5 64.
R. L. 57, 5 62.
Penalty for
selling thread
falsely
labelled.
1869, 120, § 3.
1878, 169, § 1.
1880, 119, § 1.
P. S. 60, § 65.
R. L. 57, 5 63.
tity of thread which such spool or package contains, either by giving the 7
length in yards or by giving the weight. 8
Section 286. Each person referred to in the preceding section who 1
neglects to affix a correct label to or to impress a correct stamp upon 2
each spool and package of thread, or who affixes to or impresses upon, 3
or causes or suffers to be affixed to or impressed upon any spool or pack- 4
age of thread intended for sale, a label or stamp specifying that such 5
spool or package contains a greater number of yards or a greater quantity 6
of thread by five per cent than such spool or package does contain, shall 7
forfeit five dollars for each spool or package so without a label or stamp 8
or so falsely labelled or stamped which is sold or delivered to any person 9
to be sold; one half to the use of the commonwealth and one half to the 10
use of the person who sues therefor. 11
Section 287. A merchant, jobber or trader who sells or offers for 1
sale cotton, linen or silk sewing thread, put up either on spools, or in 2
packages of the weight of four ounces or less not wound on spools, which 3
is not labelled or stamped, or which is falsely labelled or stamped as 4
regards length or quantity by an amount greater than five per cent of 5
the true length or quantity, shall be liable to the penalty provided in 6
the preceding section. 7
bmse'x"mmed. Section 288. The three preceding sections shall not apply to ready 1
i87'8, 169, § 5. wound bobbius of thread adapted for use in sewing machine shuttles. 2
p. S. 60, § 66. R. L. 57, § 64.
Manufacture
and sale of
turpentine
regulated.
Penalty.
1908, 531,
HI. 4.
1911,266,
§§ 1, 4, 5.
TURPENTINE, PAINTS AND LINSEED OIL.
Section 289. No person shall manufacture, mix for sale, dispose of, 1
offer or expose for sale, have in possession with intent to sell or dispose 2
of, or sell under the name of turpentine, or spirits of turpentine, or under 3
any name or phrase of which the word turpentine forms a part, or under 4
any name or device illustrating or suggesting turpentine or spirits of tur- 5
pentine, any article which is not wholly distilled from rosin, turpentine 6
gum, or scrapings from pine trees, unmixed and unadulterated with any 7
other substance, unless the package containing the same shall be sten- 8
cilled or marked, with letters not less than two inches in height and one 9
inch in width, "Adulterated Spirits of Turpentine", except that these 10
letters upon packages of one gallon capacity, or less, may be reduced to 1 1
one fourth of the said size. No person shall sell or deliver such adulter- 12
ated spirits of turpentine without informing the purchaser at the time 13
of sale that the article is not pure spirits of turpentine. Nothing herein 14
contained shall be construed as prohibiting the manufacture or sale of 15
such compound or imitation, if the container is plainly marked and the 16
purchaser notified as aforesaid. 17
Whoever violates any provision of this section shall be punished for IS
the first offence by a fine of one hundred dollars, for the second offence 19
by a fine of two hundred dollars, and for a subsequent offence by a fine 20
of five hundred dollars or by imprisonment for not more than one month, 21
or both. 22
Enforcement
of preceding
section.
Section 290. The .state police and all local jjolice authorities shall 1
enforce the preceding section. 2
ISIll, 200,
Chap. 94.] inspection and sale of various articles. 1163
1 Section 291. No person shall sell, offer or expose for sale, or dispose Sait- of paint
2 of, or ha\'e in possession with intent to sell or dispose of, any paint or rcKuiLted!
3 linseed oil which is labelled or marked in such manner as to deceive, or ^^°^' ''^'' ' '"
4 to tend to deceive, any person as to its nature or composition.
1 Section 292. The having in possession, by any person dealing in Possession of
2 such articles, of any article or substance designated in section two hun- iabo[i«r/tc.,
3 dred and eighty-nine or two hundred and ninety-one, and marked or ilig^'ssT § 3.
4 labelled contrary to said sections, shall be prima facie evidence that the
5 same is kept by such person in violation of the provisions thereof.
1 Section 293. Upon the written complaint of any person aggrieved by Certain duties
2 any violation of section two hundred and eighty-nine or two Imndred and spe^tors%tJ°"
3 ninety-one, the state police and their agents may enter any place of \111] glJ; ^ ^
4 business, store or building where the sale of paint, turpentine or linseed §5 99, loi.
5 oil is carried on, and open and inspect any package, can, jar, tub or other
6 receptacle containing articles which might be sold or exposed for sale in
7 violation of said sections, and may appoint and remove inspectors, an-
8 alysts and chemists for the purpose of inspecting or analyzing the contents
9 of any such receptacle. Inspectors so appointed shall have the same
10 powers and authority relative to the articles aforesaid as are given by
11 sections thirty-three, thirty-five and sixty to the inspectors named
12 therein.
1 Section 294. Whoever hinders, obstructs or in any way interferes Penalty for
2 with any inspector, analyst or other officer appointed or acting under etcTwith"^*^'
3 the preceding section while in the performance of his official duty shall be igosTMi'.te.
4 punished for the first offence by a fine of not more than fifty dollars, and
5 for a subsequent oft'ence by a fine of not more than one hundred dollars.
1 Section 295. Whoever violates any provision of section two hundred y„[!f^f'^^/°aig
2 and ninety-one shall be punished by a fine of not less than twenty-five etc., of paint,'
3 nor more than one hundred dollars or by imprisonment for not more than igds, ssi, § 4.
4 two months.
WOOD AND BARK.
1 Section 29G. A town and the city council of a city shall annually Measurers of
2 choose one or more measurers of wood and bark, who shall be sworn to c^l. ise.
3 the faithful performance of their duties and shall hold office during the Uttt] fsHi.
4 year and until others are chosen and qualified in their stead. A town, jjUll^f' ^ ^'
5 by \'ote fixing the number to be chosen, may delegate the appointment of J^^J |^ , ,
6 such measurers to the selectmen.
R. S. 15, 55 33, 38. G. S. 18, 55 31. 37. P. S. 60, 5 72. R. L. 57, 5 75.
1 Section 297. Such measurers may, in the manner prescribed for Measurers may
2 measurers of lumber in section eight of chapter ninety-six, be licensed to town" " '°""°^
3 act in a town adjoining that for which they are elected or appointed. ^ ^l'. I?', 1 76.
1920, 551, 5 6.
1 Section 298. Cord wood sold or ofi'ered or exposed for sale shall be cord wood,
2 four feet in length, including half the kerf. The term "firewood" shall standlrd"unit
3 be construed to mean and include wood cut to any lengths of less than e^L.^'ise,
4 four feet. The standard imit of measure for cord wood or firewood shall lj%}:^\ 5 1.
1164
INSPECTION AND SALE OF VARIOUS ARTICLES.
[Chap. 94.
1758-9. 16, 5 1.
1772-3. 8, 5 1.
1796. 67, § 1.
1827, 19, 5 1.
R. S. 28, § 200.
be the "cord" of one hundred and twenty-eight cubic feet consisting of 5
or equivalent to a pile, closely stacked, eight feet in length, four feet in 6
width and four feet in height. 7
2 .Mien, 317.
G. S. 49, 5181-
P. S. 60, § 73.
R. L. 57, § 77.
1921, 251, § 1.
[Penalty, § 299.)
Certificate or
memorandum.
Contents.
Penalty.
1758-9, 16, 5 3.
1772-3, 8, § 3.
1779-80,
17, § 1.
1796, 67, § 3.
R. S. 28, § 201.
G. S. 49, § 182.
P. S. 60, § 74.
R. L. 57, I 78.
1921, 251, § 2.
Section 299. Whoever, except as otherwise provided, sells cord wood 1
or firewood, shall cause a certificate or memorandum to be issued and 2
delivered to the purchaser or his agent at the time of delivery of the wood, 3
or as soon thereafter as practicable. Such certificate or memorandum 4
shall include the names and addresses of the seller and of the purchaser, 5
and a statement of the quantity of wood delivered, in terms of cords or of 6
cubic feet. Whoever violates any provision of this or the preceding sec- 7
tion shall be punished by a fine of not more than fifty dollars. 8
7 Cush. 371. Op. A. G. (1918) 23.
Fees of
measurers.
C. L. 156.
1705-6, 8, § 2.
1710-11. 4.
1758-9, 16, § 2.
1772-3, 8, § 2.
Section 300. Measurers of wood and bark shall be entitled to such 1
fees for their services as the aldermen or selectmen shall establish; and 2
the fees shall in each case be paid to the measurer by the driver and 3
shall be repaid by the purchaser. 4
1779-80, 17, § 2.
1796, 67, § 2.
R. S. 28, § 202.
G. S. 49, § 183.
P. S. 60. §75.
R. L. 57, § 79.
Section 301. Cord wood brought bv water into a town for sale, and 1
Measurement
of water borne ,,,,,,, ,, ,,. ici i
wood. landed, shall be measured by a public measurer; and tor that purpose the
wood shall be corded and piled by itself in ranges, making up in height
1799, 26, § 1.
1830, 27, § 2.
G I' 49, §"184. what is wanting in length, and, being so measured, a ticket shall be given
p. S. 60, §76.
R. L. 57, § 80.
to the purchaser, who shall pay the stated fees for such ser\ice. Towns
may establish ordinances and by-laws, with suitable penalties, for the
inspection, survey, measurement and sale of wood and bark for fuel
brought therein for sale, and may also provide for the appointment of
inspectors, surveyors and other officers and establish their fees.
9
Tickets show-
ing quantity
in load. Cer-
tain sections
not to apply.
1758-9, 16.
§§4,5.
1772-3, 8,
§§4.5.
1779-80,
17, § 1.
1796, 67,
1799, 28,
R. S. 28,
G. S. 49,
P. S. 60, § 77,
R. L. 67, § 81
§4.
§2.
§ 204.
§ 185.
Section 302. Each wharfinger, carter or dri\er who conveys firewood 1
or bark from a wharf or landing place shall be furnished by the owner or 2
seller with a ticket certifying the quantity which the load contains and 3
the name of the driver; and if firewood or bark is thus conveyed without 4
such ticket accompanying the same, or if a driver refuses to produce and 5
show such ticket to any sworn measurer on demand, or to give his con- 6
sent to have the same measured, or if such ticket certifies a greater quan- 7
tity of wood or bark than the load contains in the opinion of such meas- S
urer after measuring the same, the driver and owner shall for each load 9
thereof severally forfeit five dollars. Sections two hundred and ninety- 10
six to three hundred and three, inclusive, shall not apply to a person who 1 1
transports or carts or causes to be transported or carted from a wiiarf or 1 2
landing place to his own dwelling house or store cord wopd or bark wiiich 13
he has purchased on a wharf or landing place, or which he has landed 14
thereon upon his own account. 15
Section 303. The city council of a city may establish ordinances, 1
with suitable penalties not exceeduig five dollars for any one violation 2
thereof, for the regulation of the sale of prepared wood, slabs and edgings 3
for fuel, when sold by the load, and for tlie inspection, survey, measure- 4
R.**!.'. 57? § 82. ment and sale of bark for fuel or manufacturing jiurposes brought into said o
Inspection and
sale of bark,
slabs, etc.
1830, 27.
18.54, 361.
G. S. 49, § 186.
P. S. 60, § 78.
Chap. 94.] inspection and sale of various articles. 1165
() city for sale, wlicther the same is exposed for sale in ranges or upon a
7 vehicle; and said city may provide for the appointment of such sur-
8 veyors, inspectors and other officers as may be necessary to carry into
9 effect said ordinances and may establish their fees.
general provisions and penalties.
1 Section 304. Whoever offers or exposes for sale or delivers to a pur- Vendor to fur-
2 chaser any drug or article of food, shall, upon application of an inspector, "or afmiysis,
3 analyst or other officer or agent of the department of public health and l^cnaity.
4 upon tender of the value thereof, furnish a sample sufficient for the r.*l'. 7l^'§^2o.
5 analysis of any such drug or article of food which is in his possession. Jgjg'glj |^g
6 Violation of this section shall be punished by a fine of not less than i92ii 486! § 27.
7 twenty-five nor more than five hundred dollars.
1 Section 305. Whoever, with intent to defraud or injure, in baling Penalty for
2 or in packing in any container any commodity sold by weight, including in^^tnam'^^'
3 wool, leather, cotton, waste, rags and paper, places therein any substance ^m'ei'*"^'
4 foreign to the contents thereof shall be punished for the first offence by ^^- ^^^^- 1°^-
Ft a fine of not more than one hundred dollars, for the second offence by a
6 fine of not more than two hundred dollars, and for a subsequent offence
7 by a fine of fifty dollars and imprisonment for not less than one nor more
8 than three months.
1 Section 305A. Unless another penalty is provided under this chap- General
2 ter or sections thirty-four to forty-nine, inclusive, of chapter one hundred rmpro*per''raan.
3 and eleven, whoever for the purpose of sale manufactures, prepares, "fTooT' '*°"
4 packs, cans, bottles, keeps, exposes, stores, handles, serves, or distributes "poo'^i?"^-
5 in any manner, food in or from an unclean, unsanitary or unhealthful defined.
6 establishment, place or vehicle or under unclean, unsanitary or unhealth-
7 ful conditions shall be punished for the first offence by a fine of not more
8 than one hundred dollars and for a subsequent offence by a fine of not
9 more than five hundred dollars. The provisions of this section relative
10 to the keeping or exposing for sale of food shall not apply in any city or
11 town where rules and regulations made by its board of health under
12 section one hundred and forty-six, or corresponding provisions of earlier
13 laws, are in force. For the purposes of this section, the word "food"
14 shall mean and include all articles, whether simple, mixed or compound,
15 used or intended to be used for food or drink, confectionery or condiment,
16 by human beings, except milk and cream.
1 Section 305B. The commissioner of public health, on his own Medical esami-
2 initiative or at the request of a local board of health, may require any rons"engiged in
3 person working in an establishment engaged wholly or in part in the Empioyme°nt'^'
4 business of producing, manufacturing, processing, storing or offering "^ certain
5 or exposing for sale any article of food and whose duties actually in- penalized.
6 volve the handling of food during such production, manufacture, defined.
7 processing, storing or offering or exposing for sale, to submit to thorough ^^^^' ^^*' * ^'
8 examination by the department of public health, hereinafter called
9 the department, or by the local board of health, if said commissioner
10 has reason to believe that the examination of such person is necessary
11 for the protection of the public health, to ascertain whether or not he
12 is afflicted with any contagious, infectious or other disease or physical
1166
INSPECTION AND SALE OF VARIOUS ARTICLES.
[Chap. 94.
ailment which might render such employment detrimental to the public 13
health, and whether or not, in the opinion of the department, he is a 14
carrier, so called, of such a disease. Such examination shall be made 15
by a physician duly registered and licensed to practice in the common- 16
wealth, and shall be made without charge to the person examined and 17
at the expense of the department or of the local board requesting it. 18
Such examination may include the taking of samples of body fluids, 19
secretions or excretions for examination. Any person so examined may 20
have his physician present at the examination, and, at the request of 21
the person so examined and at his expense, additional samples may 22
be taken for examination at any laboratory approved by the depart- 23
ment, but pending the report from the examination of such additional 24
samples the person so examined shall be subject to the rules and regu- 25
lations of the department made hereunder. The department, and local 26
boards of health within their respective jurisdictions, shall enforce the 27
provisions of this section, and the department may make rules and 2S
regulations consistent with said provisions to carry out the purposes 29
thereof. No owner, manager or person in charge of such an establish- 30
ment shall knowingly require or permit any person who is found upon 31
examination to be afflicted or to be a carrier as aforesaid, or who refuses 32
to submit to such examination, if required so to submit, to continue to 33
work therein in the performance of duties actually involving the hand- 34
ling of food as aforesaid. Whoever violates any provision of this sec- 35
tion or of any rule or regulation made thereunder shall be punished 36
by a fine of not less than ten nor more than one hundred dollars. For 37
the purposes of this section, the word "food" shall mean and include 38
all articles, whether simple, mixed or compound, used or intended to 39
be used for food or drink, confectionery or condiment, by human beings. 40
General
penalty
relative to
branding or
marking
articles.
R. S. 28, § 56.
G. S. 49, § 20.
P. S. 56, § 13.
R. L. 56, 5 2.
Section 306. Unless another penalty is provided in this chapter, who-
ever counterfeits any brand required by this chapter or whoe\er without
authority marks or brands any article required to be inspected, or marks
or brands such article with a counterfeited brand, shall be punished by a
fine of not more than two hundred dollars; and whoever alters or defaces
any marks or brands made by an inspector of milk or collector of samples
of milk under this chapter, unless another penalty is provided, shall be
punished by a fine of not more than twenty-five dollars.
Chap. 95.1
MEASURING OF LEATHER.
1167
CHAPTER 95.
MEASURING OF LEATHER.
Sect.
1. Measurers of leather, appointment, etc.
2. Me.i3urers may art in any city or town.
3. Duties of measurer.
Sect.
4. Penalty for selling leather not meas-
ured, etc.
5. Penalty for altering or counterfeiting
measurers' marks.
1 Section 1. The mayor of a city or the selectmen of a town, upon ^^easurera
2 the request of two or more voters thereof, shall annually appoint one or appointment,
3 more measurers of leather who have been certified by the director of i84i, 119, § 1.
4 standards as fit persons for such appointment, and who shall be sworn R' f; el,' 1 1'.'"'
5 to the faithful performance of their duty. The director of standards fgi^.loj.W.
6 may at any time, for cause, revoke such certificate of fitness, and such i9i9. sso, § 77.
7 revocation shall immediately render such appointment void.
Section 2. A measurer of leather for one town may measure leather Measurers may
, act in any city
or town.
1866, 236, § 2. P. S. 62, § 2. R. L. 59, 5 2. 1913, 502, § 2.
2 in any other town.
1 Section 3. Each measurer, upon request, shall go to any place Duties ot
2 within the town for which he is appointed and there ascertain the area isTiTiig,
3 of each skin or side or other portion of leather submitted to him. For g.|'. «, § us.
4 this purpose, he shall use only such racks, measures or mechanical ^|fg ^^l
5 devices as have been legally tested and sealed, and shall mark or cause i^'s, 502, § 3.
6 each skin or side or other portion of leather to be marked with indelible
7 figures giving the measurement thereof in square feet, including frac-
8 tions as small as one quarter of a foot. After the area of any skin or side
9 or other portion of leather has been determined as aforesaid, it shall be
10 permissible to add one quarter of a foot to such measurement for any
11 remaining fraction greater than one eighth of a foot; but no such re-
12 maining fraction of less than one eighth of a foot shall be added or
13 included in such measurement.
1 Section 4. Whoever sells or offers leather for sale by measure shall felungVaTher
2 cause the same to be measured by a sworn measurer unless such leather not measured.
3 has previously been measured by a sworn measurer of a town m the is^s, 236,
4 commonwealth, or by some person lawfully appointed therefor in any ps-'ei §54, 5.
5 other state, or unless the measurement thereof has been expressly waived 1913; 302, § 4.
6 in writing by the buyer and seller thereof. Whoever violates this section
7 shall be punished by a fine of not less than ten nor more than fifty dollars.
1 Section 5. Whoever counterfeits or causes to be counterfeited, or, Penalty for
2 not being a sworn measurer, alters or defaces with intent to deceive, a counterfeiting
3 measurer's marks on a skin or side or other portion of leather shall be ma^k^.*^ ^
4 punished by a fine of twenty-five dollars.
1841,119,5 4. p. S. 62, §7. 1913,502,5 5.
G. S. 49, 5 115. R. L. 59, 5 6.
1168
MEASUREMENT OF LUMBER.
[Chap. 96.
CHAPTER 96
MEASUREMENT OF LUMBER.
Sect.
1. [Repealed.]
2. [Repealed.]
3. [Repealed.]
4. [Repealed.]
5. [Repealed.]
6. [Repealed.]
7. Measurers of lumber.
8. Measurers may be licensed to act in
adjoining towns.
Sect.
9. Penalty for fraud in measuring.
10. Penalty for inducing, etc., measurer to
make false measurement.
11. Penalty for misrepresentation of au-
thority.
12. [Repealed.]
Section 1. [Repealed, 1924, 258, § 3.]
Section 2. [Repealed, 1924, 258, § 3.]
Section 3. [Repealed, 1924, 258, § 3.]
Section 4. [Repealed, 1924, 258, § 3.]
Section 5. [Repealed, 1924, 258, § 3.]
Section 6. [Repealed, 1924, 258, § 3.]
1
Measurers of Section 7. Towns may annually elect one or more measurers of 1
mo-^i.?, § 1. lumber, who shall be sworn to the faithful performance of their duties, 2
iTsiyt's^t 1^. ^' and cities may by ordinance provide for the annual appointment of such 3
f85l;?64.S".^- measurers. 4
G. S. 18, §31;
49, 5 131.
P. S. 63, § 6.
R. L. 60, § 6.
1920. 551, |§ 5, 12.
119 Mass. 285.
Measurers
may be
licensed to act
in adjoining
towns.
1894, 83,
§§1.3.
R. L. 60. § 7.
1902, 477, § 2.
1920, 551,
§§6, 12.
Section 8. A measurer of lumber in any town may apply to the 1
selectmen of an adjoining town for a license to measure lumber therein, 2
and if the selectmen are of the opinion that it will be for the public con- 3
venience they may, upon payment of a fee not exceeding one dollar, grant 4
such license, and may limit the territory in which such license may be 5
exercised. Such a license shall remain in force while the licensee holds 6
the office of measurer in the town for which he was chosen, but not later 7
than the next annual town meeting of said town. 8
Section 9. A measurer of lumber for any city or town who is guilty
of or connives at a fraud or deceit in measuring, marking or numbering
the contents of any kind of wood or lumber, or who, when lawfully re-
Penalty for
fraud in
measuring.
1783, 15, § 8.
R. S. 28, 5 153.
liso' 224' 1 4'' quested, refuses without good reason to measure lumber, shall be pun
G. S.'49, 8 142. --.-.-. . ,,,,,,
1878, 65, § 4.
ished by a fine of not less than fifty nor more than two hundred dollars.
12.
p. S. 63, § 17.
R. L. 60, § 16.
1920, 551, §§ 8,
1924, 258, § 4.
Penalty for
inducing, etc.,
measurer to
make false
measurement.
Section 10. A seller or purchaser of lumber who induces or attempts 1
to induce a measurer to make a false measurement shall be punished by 2
a fine of not less than fifty nor more than two hundred dollars. 3
1878, 65, § 5. R. L. 60, i 17. 1924, 258. } 5.
P. S. 63, I 18. 1920, 551, §§ 9, 12.
Chaps. 96, 97.] measurement of lumber, surveying of land.
1169
1 Section 11. Whoever without authority represents himself to be an Penalty for
2 official measurer of lumber of any city or town shall be punished by a uonTt™™ *'
3 fine of not less than fifty nor more than two hundred dollars.
authority.
1858, 164, § 14.
G. S. 49, § 144.
P. S. 63, § 19.
1890, 159, § 7.
R. L. 60, § 18.
1920, 551, §§ 10, 12.
1924, 2,58, 5 6.
1 Op. A. G. 78.
1 Section 12. [Repealed, 1924, 258, § 3.]
CHAPTER 97
SURVEYING OF LAND.
Sect.
1. Posts indicating meridian lines, access
to. Penalty for injurj'-
2. Surveyors to adjust compasses annu-
ally and record, etc.
3. Annual test of surveyors' apparatus.
Penalty.
Sect.
4. Appointment of person other than
sealer to make test.
5. Tests to be based on state standards.
6. Fees for testing.
7. Penalty for failure to adjust compass,
etc.
1 Section 1. The posts or pillars erected pursuant to chapter two Posts indicating
2 hundred and eighty-six of the acts of eighteen hundred and seventy to access to.
3 indicate the true meridian lines shall remain the property of the respec- in^uJy';^
4 tive counties in which they are situated, under the care of the county l^^f;!*^'
5 commissioners, and shall be accessible to any surveyor or civil engineer 5*51 J^'
6 residing in the same county or engaged in surveying therein, for the R ^^^^i,
7 purpose of testing the variation of the compass for the time being.
8 Whoever wilfully displaces, alters, defaces, destroys or otherwise injures
9 any of the aforesaid posts or the fixtures thereof, shall be punished by
10 a fine of not more than two hundred dollars, to be divided between
11 the complainant and the county.
Section 2. Every land surveyor shall, at least once in every year, surveyors to
adjust and verify his compass by the meridian line so established in the passes annually
county in which his surveys are to be made, insert in his field notes both et"c'' ^^'^°''^'
the true and the magnetic bearings of the lines of his surveys and the 5§™;|*®'
days on which such lines were run and shall enter in a book open to 5*1 1;|'''
public inspection, to be provided by the commissioners of each county R- l. 6i, § 2.
and kept by the clerk of courts, or by a person appointed by the com-
8 missioners therefor, the variation of his compass from the true meridian,
9 whether east or west, and shall sign and make oath to such entry.
Section 3. All apparatus for linear measurements used by a land ^„"ve?ors'''^' °'
surveyor shall be annually tested and proved by the sealer of weights |,pp|5^^"^-
and measures in the town where such surveyor resides or has his office, i87i, 330 5 1.
and all chains, tapes or other apparatus used for linear measurements r. l. ai, s 5.
which cannot be made to conform to the standard shall be marked
6 "condemned", or "CD", by said sealer, and any surveyor who there-
7 after uses for measuring land any such apparatus shall be punished by
8 a fine of twenty dollars.
1170
SURVEYING OF LAND. WEIGHTS AND MEASURES. [ChaPS. 97, 98.
Appointment SECTION 4. The mavor and aldermen of a citv or the selectmen of a
of person other , ' ■ i i i i ' i i p • i
than sealer to towu may appoint a suitable person, other than the sealer oi weights
1871? 3«), § 2. and measures, to test, prove and mark the measuring apparatus of land
P.S.64, §7.
R. L. 61, § 6. surveyors.
baled o°n''state SECTION 5. The Standards used for such tests shall be based upon 1
i87i"^ 330 3 ^^'^ ^^^'^ correspond to the standards furnished by the commonwealth 2
p. s.'64, §' 8. to sealers of weights and measures. 3
R. L. 61. §7.
fe^stL'r Section 6. The fees for such testing and proof of each article of 1
i8y.|30,H. apparatus shall be twenty-five cents, and shall be paid by the person 2
R. L. 61, 5 8. presenting the apparatus for test. 3
Penalty for SECTION 7. A survcvor who violatcs the provisions of section two, 1
failure to adjust • Y . • ■ i • i o
eompass, etc jf jjg j^^s uscd his compass to measure an angle in surveying within the 2
1875] 13. ' year preceding, shall be punished by a fine of ten dollars, to be divided 3
R. L. 61, § 3. between the complainant and the county. -4
CHAPTER 98.
WEIGHTS AND MEASURES.
Sect.
1. Definitions.
STANDARDS.
2. Relation of avoirdupois pound to troy
pound.
3. State standards.
4. Additional state standards. Re-
placements.
5. Municipal standards.
6. Safe keeping of municipal standards.
7. Penalty for neglect of town treasurer.
8. Vibrating steelyards.
9. State clinical standard thermometer.
10. Office clinical standard thermometers.
11. Tolerances, etc., for clinical thermom-
eters.
WEIGHING AND MEASURING DEVICES.
12. Testing of clinical thermometers.
Fees.
1.3. Manufacture, sale and sealing of
clinical thermometers regulated.
Designating marks.
14. Penalties for violation of preceding
section.
Sect.
14A. Manufacture, sealing, etc., of ghass
bottles or jars intended to be used
in sale of lubricating oils regulated.
Designating marks.
15. Sealing of glass milk or cream bottles
or jars. Designating marks.
10. Sealing and stamping of paper or
fibre milk or cream bottles or jars.
17. Penalty for re-use of such bottles or
jars.
18. Certain milk containers, sealing, etc.
Designating marks.
19. Penalties for violation of preceding
section.
20. Containers for sale of ice cream. Ca-
pacity, sealing, marking.
21. Sealers to inspect such container
semi-!innually.
22. Cartons for sale of viscous, etc.,
commodities regulated.
2.3. Testing, etc., of containers.
24. Penalty for unauthorized marking.
25. Marking of incorrect or unsealed
devices. Penalty for removal of
mark, etc.
26. Penalty for using, etc., false or con-
demned devices.
Chap. 98.]
WEIGHTS AND MEASURES.
1171
Sect.
27. Penalty for using unsealed devices.
28. Value of goods sold by unsealed de-
vices, etc., may be recovered, when.
POWERS AND DUTIES OF DIRECTOR OF
STANDARDS AND INSPECTORS.
29. Certain duties of director of stand-
ards.
30. Powers and duties of inspectors.
31. Director, etc., to have seal, etc.
Penalties.
32. Tests and inspections of local stand-
ards and devices. Complaints.
Penalties.
33. Annual tests of devices used in state
institutions, etc. Report of find-
ings. Special deputies.
SEALERS OF WEIGHTS AND MEASURES.
34. Sealers and deputy sealers in cities
and large towns.
35. Sealers and deputy sealers in small
towns.
36. District sealers.
37. Annual reports of sealers.
38. Duplicate sets of apothecaries'
weights, etc., to be provided upon
request.
39. Accountability to towns for stand-
ards, etc.. received.
40. Duplicate sets of weights, etc., to be
provided and used.
41. Annual tests and sealing. Notice,
etc.
42. Same subject. Procedure when no-
tice disregarded, etc. Exceptions.
Penalty.
Sect.
43. Testing of devices registering price.
44. Testing of mechanical devices for
measuring leather.
45. Testing of taximeters. Penalty.
46. Testing of devices used in standard-
izing production and in deter-
mining wages, capacity of tanks,
etc., and the accuracy of auto-
matic devices. Exceptions.
47. Annual testing of apothecaries'
weights, etc. Exceptions. Grad-
uated glass measures; approval,
designating marks, etc.
48. Penalty for use of untested weights
or measures.
49. Annual test of hay and coal scales,
etc.
50. Sealer to test upon request, etc.
51. Sealing of glass milk or cream bottles,
etc.
52. Sealer to test devices upon complaint,
etc. Entry upon premises, when
authorized. Penalty.
53. Certain devices to be marked with
stencil. Certificate, when author-
ized. Notice forbidding use of de-
vice. Penalty for removal.
54. Seizure of certain devices for evidence.
Disposition.
55. Seizure of illegal devices. Disposi-
tion. Penalty.
56. Fees of sealers.
ANNUAL REPORT OF COMMISSIONER.
57. Annual report of commissioner.
58. [Repealed.]
1 Section 1. In this chapter the following words, unless a different Definitions.
2 meaning is required hy the context or is specifically prescribed, shall have J909; lil; Ui,
3 the following meanings: f|jiy'|. g^ ^j'
4 "Director", director of standards of the department of labor and JSPi,^'''''' Ij^-
mdustnes. 4 0p. a. g. 86.
6 "Deputy", deputy sealer of weights and measures.
7 "Inspector", inspector of standards.
8 "Sealer", sealer of weights and measures.
9 "Weighing or measuring device", all weights, measures, scales, bal-
10 ance beams, vibrating steelyards, and w-eighing or measuring devices
11 used for weighing or measuring any commodity bought, sold or ex-
12 changed or for hire or reward, computing scales and other devices having
13 a device for indicating or registering the price as well as the weight or
14 measure of a commodity offered for sale, taximeters and other forms of
15 measuring devices used upon vehicles for determining the cost of trans-
16 portation; and all machines and other forms of measuring devices used
17 or intended to be used for determining the measurement of leather bought,
18 sold or offered for sale.
1172
WEIGHTS AND MEASURES.
[Chap. 98.
Relation of
avoirdupois
pound to
troy
pound.
1894
198, § 1.
R. L
62, i 1.
State
standards.
C. L
155;
279;
291.
1692
-3, 30, 5 1
1705-6, 6, § 3.
1730-31, 18.
1799
60, 5 1.
1800
54.
1803
141.
R. S
30,
§§1,
2, 4.
1847
242,
§§1,
2; Res. 55
G. S.
51,
§5 1.
3.
P. S.
65,
§§1,
3.
1897
443,
§§1,
2; 517.
1901
103.
R. L
62, § 6.
1907
534, S 3.
1918
218, § 1;
257.
241.
1919
5; 350,
8 77.
1920,
2.
STANDARDS.
Section 2. The avoirdupois pound shall bear to the troy pound the 1
relation of seven thousand to five thousand seven hundred and sixty. 2
The hundredweight shall contain one hundred avoirdupois pounds, and .3
the ton twenty hundredweight. 4
Section 3. The following weighing and measuring devices now in 1
the custody of the director shall be the sole authorized standards, except 2
as provided in sections four, nine and ten of this chapter, and in section 3
one of chapter ninety-nine, and with the standards supplied under 4
authority of said sections shall be called the state standards : a set of dry 5
measures consisting of one half-bushel, eight, four, two and one quarts, 6
one pint and one half-pint; a set of liquid measures consisting of one 7
gallon, two and one quarts, one pint, two and one gills; a set of apothe- 8
caries' liquid measures consisting of one gallon, four, two and one pints, 9
twelve, eight, six, four, three, two and one ounces, four, two and one 10
drams, ten and five minims; a set of avoirdupois weights consisting of 11
fifty, twenty-five, twenty, ten, five, four, three, two and one pounds, 12
eight, six, four, three, two and one ounces, eight, six, four, three, two and 13
one drams; a set of troy weights consisting of five thousand, three thou- 14
sand, two thousand, one thousand, five hundred, three hundred, two 15
hundred, one hundred, fifty, thirty, twenty, ten, five, three, two and one 16
pennyweights, ten, six, five, four, three, two and one grains, one half a 17
grain, twelve, ten, six, five, four, three, two and one ounces, five tenths, 18
four tenths, three tenths, two tenths, one tenth, five one-hundredths, 19
four one-hundredths, three one-hundredths, two one-hundredths, one one- 20
hundredth, five one-thousandths, four one-thousandths, three one-thou- 21
sandths, two one-thousandths, one one-thousandth, five ten-thousandths, 22
four ten-thousandths, three ten-thousandths, two ten-thousandths and 23
one ten-thousandth of an ounce; a set of apothecaries' weights con- 24
sisting of twelve, six, two and one ounces, four, two and one drams, 25
two and one scruples, ten, five, four, three, two and one grains, one 26
half, one quarter and one tenth grains; a yard measure and three sets 27
of balances. 28
Such standards shall be kept by the director, and he shall, at least once 29
in five years, cause them to be compared with the standards of the United 30
States government, and, if necessary, corrected to agree therewith. 31
Additional
state
standards.
Replacements.
1799, 60, § 1.
R. S. 30, § 3.
G. S. 51, § 2.
P. S. 65, § 2.
R. L. 62, 5 7.
1918, 257,
§242.
1919, 5.
1920, 2.
Section 4. The state standards shall also include all weighing and 1
measuring devices received from the United States under the resolution 2
of congress approved June fourteenth, eighteen hundred and thirty-six, 3
and all other weighing and measuring devices received from the United 4
States as standard weights and measures, and such as have been or shall 5
be supplied by the commonwealth and certified by the national bureau 6
of standards. Weighing and measuring devices procured to replace the 7
standards shall be preserved in the same form and of the same dimen- 8
sions as required of said standards, and the denominations thereof shall 9
be marked thereon. 10
^Sards' Section 5. Towns shall keep the following standard weights, meas- 1
c. L^i55. ures and balances: A set of avoirdupois weights consisting of fifty, 2
i7i58-9, 24, § 1. twenty-five, twenty, ten, five, four, two and one pounds, and eight, four, 3
Chap. 98.] weights and measures. 1173
4 two, one, one half, one quarter, one eighth and one sixteenth ounces; ivm. eo, §2.
5 a set of dry measures consisting of one half-bushel, one eight-quart, one r. s.'ao. 5 8.
6 four-quart, one two-quart, one one-quart, one pint and one half-pint; Ret^'55*^' '
7 a set of liquid measures consisting of one gallon, one half-gallon, one JiM^ioi!**'
8 quart, one pint, one half-pint and one gill; one balance; one yard meas- fggo.lag.'*!.
9 ure; and each town hereafter incorporated shall be furnished by the f^g^o "iae^ *'
10 director with a complete set of the foregoing standards. Each city and |j5'i.'2,^4.'
11 each shire town shall keep the meter and kilogram and the standard troy 55 11. 12.
12 weights designated by the director.
1907. 534, § 3. 1918. 218. § 1 ; 257, § 243. 1920, 2.
1909. 310, §1. 1919, 5; 350. § 77. Op. A. G. (1919) 42.
1 Section 6. Town treasurers shall, at the expense of the towns, pro- Safekeeping
2 vide therein accessible places for the safe and suitable keeping and preser- standarda.
.3 vation of the standards furnished by the commonwealth, which shall be i7997'6u!"§' 2.
4 used only as standards. The treasurer shall have the care and oversight r*°s;3o: § 5.
,5 thereof;" shall see that they are kept in good order and repair; and if |^\*;|^^'
6 any are lost, destroyed or irreparably damaged, shall, at the expense of fgyf fjo^^^^j.
7 the town, replace them by similar standards. Towns may effect insurance p. s.'es, § 5.
8 on such standards for their own benefit.
1897. 443, §§3, 4. R. L. 62, §15. 1909, 310, § 1.
1 Section 7. Every such treasurer who neglects to provide a suitable Penalty for
2 place for keeping such standards, or to keep them in good order and re- trrasure?.
3 pair, or who suffers any of them through his neglect to be lost, damaged r.^I; sS; | I.'
4 or destroyed, shall forfeit two hundred dollars. i^**' ^^-' ^ *■
G. S. 51, § 6. P. S. 65, § 6. 1897, 443, § 5. R. L. 62, 5 16.
1 Section 8. Vibrating steelyards may be used if each beam and the vibrating
2 poises thereof are annually tried, proved and sealed by a sealer or deputy. i8ooy32.^'
1816, 60. G. S. 51, § 15. R. L. 62, § 36.
R. S. 30. 5 22. P. S. 65, § 24.
1 Section 9.. A clinical standard thermometer supplied by the com- state eiinicai
2 monwealth and certified by the national bureau of standards for use by thermometer.
3 the commonwealth, shall be the state clinical standard thermometer. \fl:7^'^'
4 Nothing in the five following sections shall be construed as adopting
5 or authorizing the adoption of any particular scale as the thermometer
6 standard for this commonwealth.
1 Section 10. The commonwealth shall also supply additional clinical of„'"d\fr<^'''
2 standard thermometers necessary to carry out sections nine to fourteen, 'j^f^'^Jga^'n;
3 inclusive, to be known as office clinical standards. Such thermometers i9i8'. 2^8: § T
4 shall be verified by the director upon their receipt and at least once in
5 each six months thereafter, by direct comparison with the state clinical
6 standard thermometer. The office clinical standards may be used in
7 making comparisons of clinical thermometers under test.
1 Section 11. The director shall promulgate tolerances and specifica- Toieranccs.^.^^^
2 tions for clinical thermometers. A correct clinical thermometer shall be thermom^eters.
3 one conforming to the standard established as provided in section nine igis] 218'. § i.
4 and to specifications promulgated under this section, within such toler- ^^^^' **°' ^ ^''■
5 ances.
1174 WEIGHTS AND MEASURES. [ChAP. 98.
WEIGHING AND MEASURING DEVICES.
dfni'cSf °' Section 12. The director may at any time inspect and test any 1
thermometers. cHnical thermometer in the possession of any manufacturer or dealer in 2
1917', 152, § 4. this commonwealth and for this purpose may remove the same to such 3
1919! 35o; § 77. place as he may deem most convenient. Whenever he inspects and tests 4
1921, 263, § 1. g^j^i^ ^ thermometer and finds it to be correct he shall seal, mark or other- 5
wise certify it as correct. Whenever he inspects and tests such a ther- 6
mometer and finds it to be incorrect he may condemn, seize and destroy 7
it; or he may return it to the owner upon a satisfactory guarantee that 8
it will not be sold or used. 9
The following fees for testing clinical thermometers shall be paid to the 10
director for the use of the commonwealth: (a) one to eight thermometers, 11
inclusive, twenty-five cents for the first and ten cents for each additional 12
one; (b) any number from nine to eleven, inclusive, total fee one dollar; 13
(c) one dozen to six dozen, inclusive, one dollar per dozen; (d) more than 14
six dozen and not more than twelve dozen, seventy-five cents per dozen; 15
(e) more than twelve dozen, sixty cents per dozen. IG
siie"and'^s"f- SECTION 13. The director shall prescribe rules and regulations govern- 1
ing of clinical Jng the mauufacturc and sale of clinical thermometers and may authorize 2
reluiatrd': '^ thc scaliug of such thermometers by any manufacturer thereof upon his 3
Sa^k""*'"^ agreement to conform to said rules and regulations and the filing of a 4
1918; 2is', 1 1 surety bond in such sum and upon such terms as the director may require. 5
i92i; 263! 1 2!' When representative samples of any clinical thermometer have been 6
submitted by the manufacturer to tlie director and approved by him, he 7
shall assign a designating mark which shall thereafter be permanently S
engraved by the manufacturer upon all clinical thermometers which are 9
intended for sale and which conform to the samples which have been so 10
approved. Clinical thermometers sealed by the manufacturer shall be 11
marked with the name, initials or trade mark of the manufacturer, and 12
with such other marks as the director may authorize or require. The 13
director may revoke the authority given by him to any manufacturer 14
under the provisions of this section upon proof that the authorized seal 15
or designating mark has been affixed to a thermometer not conforming 16
to the approved sample or that the prescribed rules and regulations have 17
not been complied with. IS
Penalties for SECTION 14. Whocver, himself or bv his servant or asjent, or as the 1
violation of ,.1 1 ' !• 1 1' 1 xi' o
preceding scrvaut or agent of another person, keeps tor the purpose ot sale, otters or J
I9'i7?i52, § 6. exposes for sale, or sells any clinical thermometer not sealed, marked or 3
1919! llo. 1 77. certified as correct by the director, or by the manufacturer as provided by 4
1921,263, §3. ^]_|p preceding section, shall be punished by a fine of not more than ten 5
dollars for each thermometer so sold, or kept, ottered or exjjosed for sale, (i
and whoe\-er violates any rule or regulation prescribed by the director 7
under authority of said section shall be punished by a fine of not more 8
than fifty dollars. 9
s,'a\mg!'e'tc''.''of SECTION 14A. (lla.ss bottles or jars intended to be uscd in tlic Sale of 1
'trTintrndc'i"'^ lubricatiiig oil shall be made of cloar, uncolored glass and shall be manu- 2
sale ° f^fuilr'i" l^^!i<:tiired oiily in tiie following capacities: two quarts, one quart, or one 3
catin^g ou"' pint, Massachusetts standard liquid measure. Each bottle or jar shall 4
regulated.
Chap. 98.] weights and measures.. 1175
5 have its capacity clearly blown in the glass and shall be sealed by the n<-siKnating
6 manufacturer thereof, as hereinafter provided, or by a sealer of the i93i, 49.
7 town where the user resides or has a usual place of business. The direc-
8 tor shall prescribe regulations, including specifications and tolerances.
9 governing the sealing of such bottles or jars by the manufacturer and
10 may authorize such sealing by any manufacturer upon his written agree-
11 merit to comply with such regulations. The director may at any time,
12 for cause, revoke the authority so given by him to any manufacturer.
13 When sealed by the manufacturer, such bottles or jars shall have clearly
14 blown therein his name, initials or trade mark, and any other designat-
15 ing marks which the director may authorize or require. The sealing of
16 such bottles or jars hy the manufacturer shall not exempt the user from
17 the laws relating to the giving of false or insufficient measure, the using
IS of a false measure, or having in his possession a false measure with
19 intent to use. Sealers of the town where the user resides or has a usual
20 place of business shall at least annually inspect bottles or jars marked
21 and sealed in accordance with this section and shall make a record of
22 such inspections. When once sealed as herein required, such bottles
2.3 and jars need not again be sealed while in the same condition as when
24 first sealed.
1 Section 15. Glass bottles or jars used for the distribution of milk Se^^'i"_f_°f
2 or cream to consumers, and holding, when filled to a level with the hot- w^^ie^'or
3 tom of the cap or stopple or other definite filling point, not less than ja° s. *" "oesig-
4 three ounces and seven drams and not over four ounces and two drams; I'gooTsfig!'^ ^'
5 not less than seven ounces and six drams and not over eight ounces Jf" i; f^-^ ^3
6 and two drams; not less than fifteen ounces and five drams and not laoa. ssi. § 1.
7 over sixteen ounces and four drams; not less than thirty-one ounces 4jp'. a. g.
8 and four drams and not over thirty-two ounces and four drams; not
9 less than forty-seven ounces and three drams and not over forty-eight
10 ounces and five drams; not less than sixty-three ounces and two drams
1 1 and not over sixty-four ounces and six drams, shall be sealed as measures
12 under section forty-one or by the manufacturer. Dealers in milk or
13 cream using glass bottles or jars for the distribution of milk or cream to
14 consumers, not sealed by the manufacturer, shall bring them into the
15 office of the sealer in their town, to be sealed; but no fee shall be charged
16 or received for sealing them. If a bottle or jar has once been sealed by
17 a sealer or manufacturer, it need not be sealed again while used for the
18 distribution of milk or cream to consumers. Glass bottles or jars sealed
19 hereunder shall be legal measures only for the distribution of milk or
20 cream to consumers. Bottles or jars sealed by the manufacturer shall
21 be marked with his name, initials, or trade mark, and by any other
22 mark required by the director. The sealing of such bottles or jars by
23 the manufacturer shall not affect any law relating to the giving of false
24 measure or the using, or having in possession, of false measures with
25 intent to use the same. The director, on approval by the commissioner
26 of labor and industries, may re\oke the authority given by him to any
27 manufacturer under this section, on proof that the authorized seal or
28 designating mark has been affixed to any bottle or jar not conforming
29 to the respecti\e capacities pro\ided for in this section.
1 Section 16. Paper or fibre bottles and jars used for the distribution Seaiin^^and
2 of milk or cream to consumers, and holding, when filled to a level with paper or
3 the bottom of the cap or stopple, not less than eight, sixteen, thirty-two, or c'ream
1176
WEIGHTS AND MEASURES.
[Chap. 98.
bottles
or jars.
1910, 462,
§1.
forty-eight or sixty-four ounces, shall be sealed as measures under section
forty-one or fifty-one, or by the manufacturer in the manner provided
in the preceding section, and when so sealed may be used as provided
by law for glass milk jars and bottles. Every such bottle or jar shall
have plainly stamped upon it by the manufacturer the words: "Penalty
for re-use, twenty-five dollars."
Penalty for
re-use of
such bottles
or jars.
1910, 462, § 2.
Certain milk
containers,
sealing, etc.
Designating
marks.
1916, 151, § 1.
1921, 45, § 1.
1924, 90.
Section 18. All cans or containers sold for use in the purchase or
sale of milk or cream at wholesale shall have their capacity plainly,
conspicuously and indelibly marked thereon in terms of liquid quarts.
They shall be sealed by the manufacturer thereof, as hereinafter pro-
vided, or by a sealer of the town where the user resides or has a usual
place of business. The director shall prescribe regulations governing the
sealing of such cans or containers by the manufacturer and may author-
ize such sealing by any manufacturer upon his agreement to conform to
said regulations. The director may at any time, for cause, revoke the
authority so given by him to any manufacturer. When sealed by the
manufacturer, such cans or containers shall be marked with his name,
initials or trade mark and with any other designating marks which the
director may require. The sealing of such containers by the manu-
facturer shall not exempt the user from the laws relative to giving a
false or insufficient measure, using a false measure, or having the same
in possession with intent to use. Sealers of the town where the user
resides or has a usual place of business shall at least annually inspect all
cans or containers marked and sealed in accordance with this section
and shall make a record of such inspections. When once sealed as herein
required, a can or container need not again be sealed while in the same
condition as when first sealed.
Section 17. Whoever re-uses any such paper or fibre bottle or jar 1
for distributing milk, cream or other liquid used for food after such bottle 2
or jar has been once used therefor, shall be punished by a fine of not more 3
than twenty-five dollars. 4
1
4
5
6
7
8
9
10
11
12
13
14
15
1()
17
18
19
20
21
Penalties for
violation of
preceding
section.
1916, 151, § 2.
1921, 45, § 2.
1924, 90.
Containers for
sale of ice
cream.
Capacity,
scaling,
marking.
1920, 259, § 1.
Section 19. Whoever, by himself or by his servant or agent, or as
the servant or agent of another person, sells any can or container to be
used in the purchase or sale of milk or cream at wholesale that is not
marked and sealed as required by the preceding section, shall be pun-
ished by a fine not exceeding ten dollars for each can or container so
sold. Whoever, by himself or by his servant or agent, or as the servant
or agent of another person, uses any can or container in the purchase or
sale of milk or cream at wholesale that is not marked and sealed as
required by the preceding section, shall be punished by a fine not exceed-
ing ten dollars for each oft'ence. The director, inspectors and sealers 10
shall enforce the provisions of this and the preceding section. 11
Section 20. All cans, moulds or other containers used in the sale
of ice cream by measure shall be of the capacity of Massachusetts stand-
ard liquid measure. Such cans, moulds or other containers shall be
sealed, as hereinafter provided, by the manufacturer thereof, or by a
sealer, and shall not be legal measures except for ice cream. ^^ hen
sealed by the manufacturer, such containers shall be marked with his
name, initials or trade mark. They may also be marked with any oilier
designating mark assigned to him by the director; provided, that he
Chai'. 9S.] weights and measures. 1177
9 has agreed to conform to the reguhitions made by the director relative
10 thereto. When such containers have not been sealed by the manu-
11 facturer, they shall be sealed, before they are used, by a sealer, and the
12 dealer who intends to use them shall bring such containers to the office
13 of such sealer for that purpose, but no fee shall be charged for sealing
14 them. The sealing of such containers by the manufacturer shall not
1 5 be held to exempt the user from the laws relating to the giving of false
1() or insufficient measure, or the using of a false measure, or having in his
17 possession a false measure with intent to use.
1 Section 21. Sealers shall inspect at least semi-annually all cans, Seaiersto
2 moulds or other containers sealed in accordance with the preceding containers
3 section, and shall make a record of such inspection. If a container has Ig^o'Tslt^s I'.
4 once been sealed as aforesaid, it shall not be necessary to have it sealed
5 again while it is used for the sale of ice cream as long as it remains in the
6 same condition as when first sealed.
1 Section 22. Paper or fibre cartons which are used for the sale by Cartons for
2 measure of viscous or semi-solid commodities or mixtures of solids and viscous, etc.,
3 liquids shall contain and shall be sold as containing one quart, one pint, re^Sted.'"^
4 one half pint or one gill, Massachusetts standard liquid measure. Such Jgl"; l^f ^ ^■
5 cartons shall be of such shape and dimensions as may be approved by
6 the director. Whenever the shape and dimensions of any such carton
7 have been so approved, the director may authorize the manufacturer
8 to have printed thereon a statement of its capacity in terms of Massa-
9 chusetts standard liquid measure, with the words "Approved by the
10 Director of Standards for Massachusetts", and with such other mark-
11 ing as the director may require. Such cartons shall be legal measure
12 only for such commodities as may be designated by the director and
13 shall be exempt from the laws requiring the sealing of measures.
1 Section 23. A sealer or deputv of any city or town or the director Testing, etc..
. 'PI 1^* Till 1'j.j.j.of containers.
2 or an mspector may, it he so desires, and shall, upon complaint, test 1920, 239, § 4.
3 the capacity of any container which is used or intended to be used as
4 a measure under sections twenty to twenty-four, inclusive; and if the
5 same does not conform to the law, he shall seize it and enter com-
6 plaint. The director may, at any time, for due cause, revoke any
7 authority or permit granted by him to any manufacturer under said
8 sections.
1 Section 24. Whoever violates any provision of sections twenty to Penalty for
2 twenty-three, inclusive, and whoever marks a container or other measure, nmrking"^"
3 or procures the same to be marked or has printed thereon or procures '^-°' -''^' ^ ''■
4 to have marked or printed thereon, a mark, number or designation with-
5 out the approval or authority of the director, except as provided in sec-
6 tion twenty, shall be punished by a fine of not more than fifty dollars.
1 Section 2.5. All weighing or measuring devices which cannot be Marking of
2 made to conform to the standard shall be stamped, marked or labelled ITnTeaTed "'
3 "Condemned" or "CD" by the sealer. W'eighing or measuring devices PenaTtyfor
4 in possession of a merchant or vendor not used for buying or selling, or ^^"^Tetc.^
5 for weighing and measuring for hire or reward shall be plainly marked i|7o. 218, | s.
6 by the sealer with a notice that such articles have not been sealed under p. s.'es, § 20.
1178
WEIGHTS AND MEASURES.
[Chap. 98.
1897, 443. M. this chapter. Whoever removes said notice without the consent of the 7
i9io; 209. 5 2.' person affixing the same shall be punished by a fine of not more than S
9
1918, 257,
§249.
fifty dollars.
1919,
1920, ;
Penalty for
using, etc.,
false or con-
demned
devices.
1863, 179, § 3.
1876, 123,
§§6.7.
P. S. 65,
§§20,21.
1897, 443, § 8.
Section 26. Whoever uses, or has in possession with intent to use,
a false or condemned weighing or measuring device for weighing or
measuring any commodity bought, sold or exchanged, or for hire or re-
ward, shall be punished by a fine of not more than fifty dollars. The
possession of such weighing or measuring device shall be prima facie
evidence of intention to use it in violation of law.
E. L. 62, § 33.
1906, 215.
1914, 379.
1918, 257, § 250.
1919, 5.
1920, 2.
usT'lfnseaied SECTION 27. Whocvcr sclls or, if by the custom of trade such weigh-
cf'tT^Ira '"S or measuring devices are provided by the buyer, buys, by any
1705-6, 6. § 2. weighing or measuring device which has not been sealed according to
179976a 1 8^' law shall forfeit not more than twenty dollars to the use of the person
R. S. 30. § 24. . , , (
1847, 242, suing thereror.
§§ 5. 6. 1851, 68. P. S. 65. § 25. R. L. 62, § 37.
G. S. 51, § 16. 1897, 443, § 8. 109 Mass. 220.
Value of
goods sold
by unsealed
devices, etc.,
may be
recovered,
when.
1875, 153.
1878, 66.
P. S. 65, § 26.
R. L. 62, § 38.
119 Mass. 285.
Section 28. A seller may recover the fair market value of goods,
wares or merchandise sold, if they were, for the purpose of the sale,
weighed or measured upon weighing or measuring dexices not sealed
according to law, or weighed or measured by a person not a sworn weigher,
measurer or surveyor, or by a person not authorized by law to weigh or
measure the same, if such sale is made in good faith and the purchaser
is not injured thereby.
Certain duties
of director of
standards.
1907, 534, § 3.
1918, 218, § 1.
1919, 3S0. § 77.
1924, 258, 5 7.
1925, 72.
powt;rs and duties of director of st.\ndards and inspectors.
Section 29. The director shall enforce the laws relating to the use
of weighing and measuring devices and the giving of false or insufficient
weight or measiu-e and shall keep a detailed record of his work in con-
nection therewith. He shall also from time to time establish units of
measurement to be observed in the sale of wooden shingles in the com-
monwealth. He may also, if he deems it desirable, and shall, upon
request of the manufacturer of any weighing or measuring device or of
any sealer of weights and measures, examine such device to determine
whether or not its construction is such as to insure reasonably perma-
nent accuracy and whether or not it may be used to facilitate the per-
petration of fraud, approving or disapproving it accordingly. When
any weighing or measuring device has been so approved or disapproved 12
by him, he shall notify all scalers of weights and measures, who shall 13
thereafter act in accordance with such approxal or disapproval when 14
de\'ices of that type are submitted to them for test. 1 o
3
•i
5
6
7
S
9
10
11
Powers and
duties of
inspectors.
Section 30. The inspectors shall aifl the director in the performance
of his duties and shall have all necessary powers therefor.
1907, 534, § 4. 1918, 218, § 1. 1919, 350, § 77.
Director, etc.,
to have seal,
etc. Penalties.
C. L. 155; 279.
1705-0, 6, § 4.
17:)0-31, 18.
1738-9, 24, 5 4.
Section 31. The director and town and district sealers shall keep
seals for their use. The seal of the director shall bear the letters " C. IM."
and those of the sealers shall be of a type approved by the director. Any
scaler neglecting to keep such a seal shall forfeit not more than twenty
Chap. 98.] weights and measures. 1179
5 dollars, and whoever, without being duly authorized thereto, imperson- iJ^S'SO'
6 ates a sealer or deputy by the use of a seal or otherwise, or has in his isoo, is.
7 possession an imitation or counterfeit of the seal used by a sealer or §§3.5, ii, 21.
8 deputy shall be punished by a fine of not more than fifty dollars. ***^' ^''^' * ^'
G. S. 51, §§ 10, 13. R. L. 62, § 20. 1918, 2IS, §1.
P. S. 65, § 11. 1907, 2S3. 1919, 350, 5 77.
1 Section 32. At least once in three years, the standards of apothe- Tests and
2 caries' weights and of apothecaries' liquid measures in the custody of oTforaT"^
3 town treasurers and at least once in ten years, or oftener if the director fndSres.
4 deems it necessary, the other standard weights, measures and balances of penahfo'"'^'
5 each town shall be tested, adjusted and sealed or certified under his direc- Jygg'uy-^' ^ '•
6 tion. He shall also see that such standards are kept in good order and §§ |.'3. ' ^
7 condition, and mav at anv time, and shall on request of a town treasurer, imV, 24'2, § 7.
8 cause an inspection of the standards to be made. The director and his g. s.'si, §7. '
9 inspectors may also inspect any weighing or measuring devices used for i89^',42'6!^'
10 buying, selling or exchanging goods, wares, merchandise or other com- i|9l',44,3, 1 3.
11 inodity, or for public weighing in a town, and, if found inaccurate, shall J^o^, 425.
12 forthwith inform the mayor or selectmen, who shall cause the law relat- §| 9. ij"'
13 ing thereto to be enforced. If the director or an inspector discovers a vio- 1907,' 534,' § 3.
14 lation of law, he may make and prosecute a complaint and shall have 1917! 125',
15 therefor the same statutory powers relative to the enforcement of laws fgis, lis. 5 1.
16 pertaining to weights and measures as are vested in local sealers. Who- ^^^°- '■^''"■■^ ''■
17 ever hinders, obstructs or in any way interferes with him in the perform-
18 ance of duty hereunder shall be punished by a fine of not more than three
19 hundred dollars, or by imprisonment for not more than two months.
20 Every treasurer neglecting to have the standards in his care sealed as
21 provided in this section shall forfeit not more than fifty dollars.
1 Section 33. The director or his inspectors under his direction, shall of"d"wcer'^
2 at least once in each year test all weighing and measuring devices used •J^gt'Jtu''-^'**^
3 in checking the receipt or disbursements of supplies in each state insti- p°°^'^fQf
4 tution or department, and shall mark them in accordance with the findings.
.5 results of such tests. He shall report in writing his findings to the ex- deputies.
6 ecutive officers of the institution or department; and at their request i9i8!2i8; § 1
7 shall appoint in writing one or more employees, then in the actual service ^^^^' ''''°' ^ '^'
8 of such institution or department, as special deputies to check the receipt
9 or disbursement of supplies.
SEALERS OF WEIGHTS AND MEASURES.
1 Section 34. Subject to chapter thirty-one, the mayor of each city Sealers and
2 and the selectmen of each town of over ten thousand inhabitants shall in eities and
3 appoint a sealer, and may appoint one or more deputies to act under a1!.'i55°^'
4 the direction of the sealer. The sealer and deputies shall enforce the law ngS^ea m^. ^
.") pertaining to weighing and measuring devices and to the giving of false ^(j,^§5'f2,M*'
6 or insufficient weight or measure. Sealers and deputies appointed here- c|g| i|g5 37.
7 under shall receive a salary to be determined by the board, officer or body §§ *'^,,'
8 authorized to determine salaries in their respective cities and towns, and §§ i.'s.'g!
9 shall also receive an additional allowance for transportation and other p. s.'bs, '
10 necessary expenses. They shall account for and pay into their city or Hsl', 42.
1 1 town treasuries monthly all fees received and shall make an annual re- f^ {g^ii,
12 port to the appointing board or officer, and to the director as provided isos. 382, § 1.
13 by section thirty-seven.
1914, 452, §§ 1, 4. 1920,2. 3 0p. A.G.Sl.
1918, 218, § 1 ; 257, § 252. 216 Mass. 126. 4 Op. A. G. 127, 213, 316.
1919, 5; 350, § 77. 222 Mass. 296.
1180
WEIGHTS AND MEASURES.
[Chap. 98.
Sealers and
deputy sealers
in small
towns.
1863, 179, § 4.
1876, 123,
§§1,8.
P. S. 6,5, § 23.
R. L. 62, § 35.
1914, 452, § 2.
1918, 257,
§ 253,
1919, S.
1920, 2.
Section 35. The selectmen of towns of less than ten thousand in- 1
habitants shall annually appoint a sealer and may appoint one or more 2
deputies to act under his direction. Such sealers and deputies shall 3
have the same powers and duties as sealers and deputies appointed 4
under the preceding section and shall receive such compensation as may .5
be determined by the selectmen and an additional allowance for trans- 6
portation and other necessary expenses. The selectmen may at any 7
time remove such sealers or deputies and appoint others in their places. 8
District
ealers
Section 36. Two or more towns, or one city and one or more towTis,
Ffii'lis' 1 1' "^'^y combine the whole or any part of their respective territories as may
1919! 350] § 77. be agreed upon by the boards or officers having the appointing power
in such cities or towns into a district with one district sealer and one set
of standards. He shall have the powers of and perform the duties of
sealers under the direction of the director within the district. Each such
sealer shall forthwith on his appointment give bond, with sureties ap-
proved by the appointing power, for the faithful performance of his
duties, for the safety of the standards, working equipment, records, and
other things committed to him, and for their surrender to his successor 10
or to any person duly appointed to receive them. He shall be paid all
salary determined by the appointing power and shall be provided by them 12
with necessary standards and working equipment, and shall be allowed 13
necessary sums for transportation and other expenses. Each such sealer 14
shall keep a complete record of all his official acts and shall make an lo
annual report to the director as provided by the following section and IG
to each city or town in his district. He shall account for and pay into 17
the treasury of each city or town monthly all fees received by virtue of 18
his office in such city or town. 19
Annual reports
of sealers.
1907, 534, § 5.
1918,218, § 1;
257, § 251.
1919, 5; 350,
§77.
1920, 2.
Section 37. Each sealer shall annually, between the first and tenth
days of December, report to the director the weighing and measuring
devices tested, sealed or condemned by him, with an inventory of stand-
ards and working apparatus in possession of his town or district, and
other information required by the director.
Section 38. Sealers shall, upon request to the director, be pro-
vided, at the expense of their towns, with duplicate sets of apothecaries'
to be provided wcights and apothecarics' liquid measures described in section three, to
Duplicate
sets of
apothecaries*
weights, etc..
upon request.
1897, 443, § 4.
be used as standards in the towns where they are kept.
R. L. 62, § 14. 1914, 633, § 1. 1918, 218, § 1. 1919, 350, § 77.
Accountability
to towns for
standards, etc.,
received.
1799, 60,
§§4,5.
R. S. 30, 5 15.
G. S. 51, §9.
P. S. 65, § 9.
Section 39. Except as otherwise provided in section thirty-six each
sealer shall receive from his town treasurer a set of standards and a seal,
and shall give a receipt therefor, stating their condition when received;
and sliall be accountable to such town for the preservation thereof in like
condition until returned to the treasurer.
R. L. 62, § 19. 1914, 452, § 3. 206 Mass. 46.
Duplicate seta SECTION 40. A scalcr or deputy visiting the place of business of a 1
etc"Vo be' pcrsou to tcst and seal weighing or measuring devices may use therefor 2
Used! "' "" suitable weights, measures and balances; and each town and district •'!
l^a'e'l.Vi?*' shall furnish its sealer with one or more duplicate sets of wcights, meas- 4
Chap. 98.] weights and measures. 1181
5 ures and balances, whicli sliall at all times he kept to eonform to the r. l, 62. § 28.
6 standards provided hvtht> commonwealth; and all weighing or measur- §''247"^ '
1919, !
1920, 2.
7 ing devices so sealed shall be deemed legally sealed, as if tested and ^'"®' ^'
8 sealed with the standards.
1 Section 41. Sealers shall annually give public notice, by advertise- Annual tests
2 ment or by posting notices in one or more public places in their towns or N'otire? "t?.'
3 districts, to all inhabitants, or persons having usual places of business fugalafso, § 1.
4 therein, using weighing or measuring devices for the purpose of buying }79|"6o^'5'g '^'
5 or selling goods, wares or merchandise, for public weighing or for hire or f^^- 'fi'J}\
6 reward, to bring them in to be tested, adjusted and sealed. Such sealers g s.'si, § u.'
7 shall attend in one or more convenient places, and shall adjust, seal or 1877! isi,' § 2.
8 condemn such devices in accordance with the results of their tests, and r. l. 62, § 2"i.
9 shall make a record thereof.
1907, 535. § 2. 1918, 257, § 244. 12 Gray. 143.
1909, 412, S 2; 541, § 2. 1919, 5. Ill Mass. 320.
1913, 503. § 2. 1920, 2. 199 Mass. 504.
1917,8:98, § 2. 1923, 32, § 1.
1 Section 42. After giving said notice, said sealers shall go to the same subject.
2 houses, stores, shops and vehicles of persons not complying therewith, when^notLe
3 and shall test and adjust, seal or condemn in accordance with the results etc'^''^Excep-
4 of their tests, the weighing or measuring devices of such persons; pro- I'yote ^e'T'i^'
5 vided, that devices for determining the measurement of leather bought, J^??' fji' ^ ^•
6 sold or ottered for sale shall be tested at least semi-annually, and ])ro- R s.' so,' § is.
7 vided, further, that when a vehicle tank used in the sale of commodities i87o!2i8! §2!
8 by liquid measure has once been sealed, it shall not be necessary to seal it 1877; ili] 1 2.
9 again while it remains in the same condition as when first sealed. A r.l ^62,^22
10 person who neglects or refuses to exhibit his weighing or measuring de- \l°l- ^^^- 1 2-.
11 vices to a sealer or deputv, or who hinders, obstructs or in anv wav inter- sii, § 2 '
. ' * . 1910 209 § 1
12 feres with a sealer or deputy in the performance of duty, shall be punished 1013! 503!
13 by a fine of not more than fifty dollars. ^ '
1917. 8; 98, § 2. 1919, 5. 1923, 32, § 2.
1918, 257, 5 245. 1920, 2. 1927, 95, § 1.
1 Section 43. A sealer or deputy shall test all weighing or measuring Testing of
2 devices having a device for indicating or registering the price as well as ^erTIfg pHcT
3 the weight or measure of a commodity offered for sale as to the correct- \l1j' |^^'
4 ness of both weights or measures and values indicated by them.
199 Mass. 503. Op. A. G. (1920) 244.
1 Section 44. Devices used for determining the measurement of Testing of
.-. . .. ^ .„ iiiii 1 mecrianicai
2 leather bought, sold or ottered tor sale shall be tested as to the correctness devices for
3 of measures indicated by them by a sealer of the town where they are leatiier
4 used, and the director may make such rules and regulations as he deems ^^' '
5 necessary to insure the greatest possible accuracy in the use of said
6 devices.
1 Section 45. All devices used upon vehicles for determining the cost Testing of
2 of transportation shall be tested as to the correctness of measures and Pe'naity''"'
3 values indicated b,y them, and the director may make rules and regula- i9i7;98!'§\^'
4 tions to insure accuracy in the use thereof. Any owner or operator of a Jgjg; 350' | 77
5 taxicab or other vehicle who refuses or neglects to comply with any rule
6 or regulation so made by the director shall be punished by a fine of ten
7 dollars.
1182
WEIGHTS AKD MEASXJRKS.
[Chap. 98.
Testing of
devices used in
standardizing
production and
in determining
wages, capacity
of tanks, etc.,
and the ac-
curacy of
automatic
de\nces.
ExceptioDB,
1920. 369.
Section 46. The director may, if he deems it desirable, and shall, 1
upon request, test any weights, measures, instruments or mechanical 2
devices of any kind used or intended to be used in standardizing the 3
production of any manufactured article by controlling processes or by 4
determining the dimensions, proportions or properties of materials or 5
products, in determining wages or compensation for labor performed, 6
in determining the dimensions or capacity of any tank, can or other 7
container, or in determining the accuracy of any automatic weighing or 8
measuring device. When any such weight, measure, instrument or 9
mechanical device has been tested and found correct by the director, he 10
may seal the same. If he finds it inaccurate, he may, in his discretion, 11
either condemn it or he may furnish the owner or user with a certificate 12
indicating the amount and direction of any errors found by him. This 13
section shall not give to the said director or to his inspectors the power 14
to seal any of the devices which, on April twenty-ninth, nineteen hun- 15
dred and twenty, were required by law to be sealed by the local sealers 16
throughout the commonwealth. 17
Annual testing
of apothecaries'
weights, etc.
Exceptions.
Graduated
glass measures;
approval,
designating
marks, etc.
1897, 443, § 6.
R. L. 62, 5 25.
1914, 633, § 2.
1917, 21.
1918, 218, § 1.
1919, 350, § 77.
Section 47. Apothecaries and other persons dealing in or dispensing 1
drugs, medicines or merchandise sold, dispensed or given away by apothe- 2
caries' weights or by apothecaries' liquid measure, shall, at least annually, 3
cause the weights and measures so used to be tested and sealed by the 4
sealer in the town where they do business; provided, that a graduated 5
glass measure once sealed by a sealer, or by the manufacturer, need not be 6
again sealed while remaining in the same condition as when first sealed. 7
The director shall establish specifications for graduated glass measures. 8
When a representative sample of a graduated glass measure has been 9
submitted to the director and approved by him, as conforming to speci- 10
fications, he shall assign a designating mark or number to be thereafter 1 1
permanently affixed to such measures of the particular kind so approved. 12
Graduated glass measures sealed by the manufacturer shall be marked 13
with his name, initials or trade mark and by other marks required by the 14
director. The director may revoke the authority so given to any manu- 15
facturer under this section on proof that the authorized seal or designating 16
mark has been affixed to a measure not conforming to the approved 17
sample. 18
Penalty for
use of un-
tested weights
or measures.
1897, 443, § 7.
R. L. 62, § 26.
1914, 633, § 3.
Section 48. Whoever sells or dispenses drugs, medicines or mer- 1
chandise requiring the use of apothecaries' weights or apothecaries' liquid 2
measures or in the sale of which they are commonly used, and does not 3
have such weights and measures tested under this chapter shall be pun- 4
ished by a fine of not less than five nor more than fifty dollars. 5
Annual test
of hay and
coal scales, etc.
1705-6, 6, § 5.
1835, 126.
R. S. 30, § 19.
1847, 242, S 6.
G. S. 51, 5 12.
Section 49. Sealers shall go once a year, and oftener if necessary, 1
to each hay and coal scale and other weighing or measuring device in 2
their towns not easily or conveniently removed, and shall test, adjust 3
and seal or condemn them. 4
1876, 123, 5 3.
p. S. 65, § 14.
R. L. 62, § 23.
1918, 257, § 246.
1919, 5.
1920, 2.
Sealer to
test upon
request, etc.
1870, 218,
5§1, 3.
Section 50. Whoever uses any weighing or measuring devices may 1
have them tested by the sealer at any time upon request and the sealer 2
shall seal or condemn the same in accordance with the results of his tests. 3
1876, 123, § 4. P. S. 65. § 15. R. L. 62, 5 24.
Chap. 98.] weights and measures. 1183
1 Section 51. When notified by a dealer in milk or cream using glass Sfai^"«°f
2 bottles or jars for the distribution thereof that he has in his possession f,r""ream
3 not less than six gross of such bottles or jars not sealed, sealers shall i906.''323!''§ i.
4 forthwith seal them as provided in section fifteen, at a suitable place
5 provided by the dealer.
1 Section 52. If a person informs a sealer that he has reasonable seaier^to test
2 cause to believe, or if such sealer has reasonable cause to believe, that oomTJaint","
3 any weighing or measuring device used in the sale of a commodity in ''^p„„ p"em^.
4 his town is incorrect, said sealer shall go where it is and shall test and auth^rbed.
5 mark it according to the result of the test; and if it is incorrect and can- f|^;j'\yg
6 not be adjusted, he shall attach thereto a notice of that fact forbidding »^2^'3,g' 5^
7 its use until it conforms to the authorized standard. If a sealer has \ffp^'-
8 reasonable cause to believe that any weighing or measuring device has p. s. 65.
9 been altered since last adjusted and sealed, he shall enter the premises ilgV^^k §8.
10 where it is kept or used and examine it. Whoever uses a weighing or [\4Vas3. «i.
11 measuring device after refusing permission to a sealer to test it shall be 433.
12 punished by a fine of not less than ten nor more than one hundred dollars.
1 Section 53. If a sealer cannot seal any weighing or measuring device Certain de-
2 in the usual manner, he may mark it with a stencil or by other suitable marked with
3 means, showing that it has been inspected; and if a weighing or measur- ^^l"lt. ^Un
4 ing device is so small as to render it impracticable to seal it in the usual Jj^o'^^'fo?:
5 manner, he shall give a certificate in a form approved by the director, ^j'Jj'j^f^^""''
6 specifying each such weighing or measuring device so tested; but he p^^'J^'J^, '°''
7 shall in no case seal or mark as correct weighing or measuring devices i8"J.J|i. 1 3-
8 not conforming to the standards. If such weighing or measuring device r. L.'ei § 27.
9 can be readily adjusted by means at hand, he may adjust and seal it; l9l8:2?8. §1.
10 but if not, he shall affix thereto a notice forbidding its use until he is i^i^' ^^o. § 77.
11 satisfied that it conforms to the standards; and whoever removes said
12 notice without the consent of such officer shall forfeit not more than
13 fifty dollars, to be equally divided between the town and the complainant.
1 Section 54. A sealer or deputy may seize without a warrant weighing Seizure of
. 11 -1 • i" • 1 *• certain de-
2 or measurmg devices necessary to be used as evidence m cases 01 violation vices for eyi-
3 of the laws relative to the sealing thereof; and they shall be returned to po"idon. '°'_
4 the owners or forfeited, as the court directs. ^*^^' '^^'
p. S. 6.5. § IS. R. h. 62. § 29. 1919, 5.
1897, 443. § 8. 1918, 257, § 248. 1920, 2.
1 Section 55. A sealer or deputy may seize weighing or measuring s^^up^o^.^^^
2 devices not conforming to legal standards or not sealed as required by Disposition.
3 law; and a person having in his possession such weighing or measuring ilss, 2^25.
4 devices, with intent to use them in violation of law, shall be punished by fgoV, 535,^^2;
5 a fine of not more than fifty dollars; and such devices, upon order of a Ifl^'^*}^' ' ^■
6 court, shall be destroyed. Possession thereof shall be prima facie evi- js}*. 346.^ ^
7 dence of intention to use them in violation of law.
1 Section 56. Except as otherwise provided, sealers shall receive the Fees of
2 following fees for sealing the following weighing or measuring devices: — c. l^iss; ise.
3 (a) Each scale with a weighing capacity of more than five thousand 30, § 1.'
. , 1 11 1730-31, 18.
4 pounds, one dollar. 1738 9,
5 {b) Each scale with a weighing capacity of one hundred to five thou- ^^-JX
6 sand pounds, fifty cents. ^^' ^ ^
1184
WEIGHTS AND MEASURES. THE METRIC SYSTEM. [ChAPS. 98, 99.
1799
60,
§§3.
6.
R. S.
30,
§§10
. 17.
1847
242
§§4,
6.
G. S.
61,
§14.
1870
218
§6.
1876
123
§§2,
3.
P.S.
65,
5 22.
R. L
62,
§34.
1906
323
§2.
1909
541
§3.
1913
503
§3.
1917
98,
§3.
1919
128
1927
95,
§2.
8
9
10
11
12
(c) All other scales, balances, and measures on pumps, ten cents each.
(d) Each taximeter, or measuring device used upon vehicles for
determining the cost of transportation, one dollar.
(e) Each maciiine or other device used for determining the measure-
ment of leather, one dollar.
(/) Milk bottles or jars, fifty cents per gross.
(g) Vehicle tanks used in the sale of commodities by liquid measure I'-i
and ha\ing a capacity of one hundred gallons or less, one dollar. For 14
each additional one hundred gallons or fraction thereof, an additional 15
fee of fifty cents shall be received. When a vehicle tank is subdivided 16
into two or more compartments, each compartment shall, for the pm-- 17
poses of this section, be considered as a separate tank. 18
(li) All weights and other measures, three cents each. 19
They shall also recei\'e reasonable compensation for necessary repairs, 20
alterations and adjustments made by them. 21
ANNUAL REPORT OF COMMISSIONER.
Kport of Section 57. The commissioner of labor and industries shall make an 1
commissioner, annual Tcport of the acts of the director. 2
1890, 426. § 8. 1907, 534, § 3. 1919, 350, §§ S, 77.
R. L. 62, § 10. 1918, 218, § 1. 1931, 426, § 58.
Section 58. [Repealed, 1922, 355, § 8.]
1
CHAPTER 99.
THE METRIC SYSTEM OF WEIGHTS AND MEASURES.
Sect.
1. Metric system authorized.
2. Tables of measurements.
3. Duties of director of standards
town treasurers.
and
Sect.
4. Sealing of metric weights and meas-
ures.
.5. Duties of persons using metric sys-
tem.
aithorizld"'"' Section 1. The weights and measures of the metric system may be 1
1877,40, § I. employed and used in the commonwealth, and no contract or dealing 2
R. L. 63, § 1. shall be deemed invalid and no pleading in any court shall be open to 3
1919! 350, § 77. objection because the weights or measures are stated therein in terms 4
§'3569'^^''' ^'''' of the metric system; provided, that the carat weight of two hundred 5
milligrams, and its multiples and subdivisions, shall be the sole legal 6
standard for the buying and selling of diamonds and other precious stones. 7
The metric weights and measures received from the United States and 8
now in the custody of the director of standards may be used as authorized 9
standards, and shall in no case be removed from his custody except when 10
necessary for their preservation or repair. 11
Tables of
measurements.
1877, 40, § 2.
P.S. 66, §2.
R. L. 63, § 2.
U. S. Rev. St8.
§ 3570.
Section 2. The following tables shall be recognized in the con-
struction of contracts and in legal proceedings as establishing in terms
of the metric system the equi\alents of the other weights and measures
expressed therein and may also be used for computing, determining and
expressing in customary weights and measures the weights and measures
of the metric system.
Chap. 99.] the metric system of weights and measuues.
1185
Measures of Length.
Metbic Denominations and Values.
Equivalents in Denominations
IN Use.
Myriameter
Kilometer
Hectometer
Dekameter
Meter .
Decimeter
Centimeter
Millimeter
10,000 meters.
1,000 meters.
100 meters.
10 meters.
1 meter.
1-10 of a meter.
1-100 of a meter.
1-1000 of a meter.
6.2137 miles.
0.62137 mile, or 3,280 feet 10 inches.
328 feet 1 inch.
393.7 inches.
39.37 inches.
3.937 inches.
0.3937 inch.
O.0394 inch.
Measures of Surface.
Metric DENOMiNAXioxa and Values.
Equivalents in Denominations
IN Use.
Hectare
Are
Centare
10,000 square meters.
100 square meters.
1 square meter.
2.471 acres.
119.6 square yards.
1,550 square inches.
Measures of Copority.
Metric Denominations and Values.
Equivalents in Denominations in Use.
Names.
Number
of
Liters.
Cubic iVIeasure.
Dry Measure.
Liquid or Wine
Measure.
Kiloliter oi
Stere
HectoUter
Dekaliter
Liter
Deciliter
Centiliter
MillUiter
1.000
100
10
1
1-10
1-100
1-1000
1 cubic meter
1-10 of a cubic meter
10 cubic decimeters
1 cubic decimeter .
1-10 of a cubic decimeter
10 cubic centimeters
1 cubic centimeter
1.308 cubic yards .
2 bush, and 3.35 pecks
9.08 quarts .
0.908 quart .
6.1022 cubic inches
0-6102 cubic inch .
0.061 cubic inch
264.17 gallons.
26.417 gallons.
2.6417 gallons.
1.0567 quarts.
0.845 gill.
0.338 fluid ounce.
0.27 fluid dram.
Weights
Metric Denominations and Vaiues.
Equivalents in
Denosonations
in Use.
Names.
Number
of
Grams.
Weight of What Quantity
of Water at
Maximum Density.
Avoirdupoia
Weight.
Millior or Tonneau
Quintal .
Myriagram
Kilogram or Kilo
Hectogram
Dekagram
Gram
Decigram
Centigram
Milhgram
1,000,000
100,000
10,000
1,000
100
10
1
1-10
1-100
1-1000
1 cubic meter
1 hectohter
10 liters
1 liter .
1 deciliter
10 cubic centimeters
1 cubic centimeter .
1-10 of a cubic centimeter
10 cubic millimeters
1 cubic millimeter .
2204.6 pounds.
220.46 pounds.
22.046 pounds.
2.2046 pounds.
3.5274 ounces.
0.3527 ounce.
15.432 grains.
1.5432 grains.
0.1543 grain.
0.0154 grain.
1 Section 3. The duties of the director of standards and the duties Duties of
2 and responsibihties of the treasurer of each town, with respect to the standrrds'and
3 keeping, care, verification and use of the standard weights and measures 557? "o'^j"""'
4 of the metric system, shall be the same as tho.se established by law with ^ f; es \ 3
5 respect to other standard weights and measures.
1907, 534, §§ 1, 3. 1918, 218. 1919, 350, § 77.
1186
[Chaps. 99, 100,
Sealing of
metric weights
and measures.
1877.40, §5.
P. S. BU. § 4.
1890, 426, § 9.
R. L. 63. § 4.
1907, 534,
§§ 1,4.
1918, 218.
1919, 350, i 77.
Section 4. The director of standards may verify, adjust and seal 1
all metric weights and measures brought to him for that purpose. The 2
sealer of weights and measures in each town which has received the 3
standard metric weights and measures shall verify, adjust and seal 4
all metric weights and measures brought to him for that purpose from 5
within the county where such town is situated, and he shall receive a 6
reasonable compensation therefor; but he shall claim no fees for any 7
sealing, verification or adjustment for the performance of which he may 8
otherwise receive compensation by salary paid by the town. 9
Duties of
persons using
metric system.
1877,40, §6.
P. S. 66, § 5.
R. L. 63, § 5.
Section 5. Every person who uses weights or measures of the 1
metric system for the purpose of selling any goods, wares, merchandise 2
or other commodities shall have them adjusted, sealed and recorded by 3
an authorized sealer of weights and measures, and shall thereafter be 4
responsible for the correctness and exactness of the same; and every 5
person who illegally or fraudulently uses the metric weights or measures 6
shall be liable to the same penalty to which he would have been liable 7
if he had used other weights and measures. 8
CHAPTER 100
AUCTIONEERS.
Sect.
1. " Licensing authority " defined.
2. Issue, revocation, etc., of auctioneers'
licenses.
3. Bond.
4. Account of sales.
5. Authority of auctioneer to sell goods
regulated. Penalty.
6. Sales by auction of certain goods regu-
lated. Penalty.
7. Tenants, when liable for unlicensed
sales. Penalty.
8. Conditional licenses. Penalty.
9. Penalty for receiving goods from
minors.
Sect.
10. Penalty for selling, etc., without
license.
11. Penalty for fraudulent bankrupt sales.
12. Penalty for deceit in sale by auction.
13. Sales by sheriffs, etc., not afTected.
14. Establishments for sale of certain per-
sonal property at auction. Licenses,
etc.
15. Same subject. Records.
16. Same subject. Forfeiture, etc., of
licenses.
17. Same subject. Penalties.
ailthoHty" Section 1. In this chapter, "licensing authority" shall mean the 1
i878''244 § 2 P^'ice commissioncr in Boston, the aldermen in any other city or the 2
18851 323) 5 2. sclcctmcn in a town. 3
1900, 291, § 10. 1909, 221.
Issue, revo-
cation, etc.,
of auctioneers*
licenses.
1772-3, 44,
§§ 1.4.
1773-4, 10.
1780, 25,
§§ 1,3: 30.
1789, 59,
§§1,7.
1795,8, §§ 1,3
R. S. 29,
§§1,2, 12.
Section 2. The licensing authority of any town may, upon pay- 1
ment of a license fee of two dollars to such town, license any suitable 2
inhabitant thereof, who has resided therein during the six months next 3
preceding the application for such license, to be an auctioneer therein 4
for one year, and may for any cause tleemed satisfactory, and without 5
a hearing, revoke or suspend sucli license. Such license shall be signed, 6
in Boston by the police commissioner, elsewhere by the town clerk, 7
and shall be recorded in a book kept for that purpose. 8
G. S. 50, § 1.
1878, 244, § 2.
P. S. 07, § 1.
1886, 289.
1899, 235.
R. L. 64, § 1.
1906, 291, i 10.
1909, 221.
1918, 257, i 255.
1919, 5.
1920, 2.
5 Mass. 505.
Ca.\P. 100.] AUCTIONEERS. 1187
1 Section 3. Each auctioneer shall, if required, give bond, in a reason- f^^^-^^ ^ ^
2 able penal sum and with sufficient sureties, to the treasurer of the town 1822! sv! § 3.
3 where he is licensed, with condition that he shall in all things conform fss?. Is^.S^i.
4 to the laws relative to auctioneers.
G. S. 50, § 3. p. S. 67, § 3. R. L. 64, § 4.
1 Section 4. Each auctioneer shall keep a fair and particular account a^*"^","^"*
2 of all goods and chattels sold by him and of the persons from whom 1772-3".' 44, 52.
3 they were received and to whom they were sold.
1795. 8. § 2. G. S. 50, § 4. R. L. 64, § 5.
R. S. 29, § 5. P. S. 67, § 4.
1 Section 5. An auctioneer, except as provided in section eight or in Authority of
2 section twenty-nine of chapter one hundred and one, may sell real or S gSod"
3 personal property by public auction in any place within his county and, PeMhy.'''
4 when employed by others, may sell such property in any place within 5§*|;|^'
5 the commonwealth, if such sale is made where such property is situated f83^;||3,5^-
6 and in accordance with such conditions relative to the hours and places ^*^|' J^^'^^g^-
7 of selling goods and chattels in the town of sale as the licensing authority p.s:67.' § 6.^
8 thereof deems expedient; provided, that such personal property does r.^l. gII'm.'
9 not consist of goods, wares or merchandise which have been brought 3®Met^i59.
10 into a town by persons engaged in the business of traveling and carrying
11 stocks of goods, wares or merchandise from one town to another within
12 the commonwealth for the purpose of selling the same by auction. An
13 auctioneer selling by auction in a town where he is not authorized to
14 sell shall forfeit fifty dollars. If an auctioneer makes a sale by auction
15 at a time or place in a town not authorized by the licensing authority
16 thereof he shall be liable to like penalties as if he had sold without a
17 license.
1 Section 6. Goods, wares and merchandise brought into a town for saies by
2 the purpose of being sold by auction shall be sold by auction therein only cer'tai'"g°oods
3 by an auctioneer duly licensed in said town, or in some other town within pln^iiu-.'''
4 the commonwealth, and having a regular and established place of busi- }|-5°; \f^- 5 2-
5 ness in the town where the goods, wares or merchandise are to be sold. R- l. 64, § 7.
6 If he is a non-resident of the town where he has his place of business, he
7 shall obtain from the licensing authority thereof a permit to hold such
8 sales by auction therein, and a special license fee may be required there-
9 for. Violation of this section shall be punished by a fine of not more
10 than one hundred dollars.
1 Section 7. Any tenant or occupant of a house or store, having the Tenants, when
2 actual possession and control of the same, who knowingly permits a uniic'ensed
3 person to sell real or personal property by public auction in such house Penlity.
4 or store, or in any apartment or yard appurtenant thereto, contrary to ^^'|; If; § lo.
5 this chapter, shall forfeit not more than five hundred dollars.
G. S. 50, § 8. P. S. 67, § 8. R. L. 64, § 8.
1 Section 8. Licenses may be granted upon such conditions relative conditional
2 to the hours and places of selling goods and chattels within a town as Penalty.
3 the licensing authority thereof deems expedient; and if an auctioneer r. s.'m, '
4 makes a sale by auction at a time or place within said town not au- ^ ^s.'so,'^ 12.
5 thorized by his license, he shall be liable to like penalties as if he had ^ t.'e^.Vg^'
6 sold without a license. i^i^' 2^7.
l\gg AUCTIONEERS. [ChAP. 100.
Penalty for^^^^ SECTION 9. All auctioneer who receives for sale by auction any 1
from minors. ^ goods froni R minor, knowing him to be such, shall forfeit not more 2
1780, 25. §'2. "' than two hundred dollars to the use of the town. 3
1789, 59, § 8.
1795, 8, § 2.
R. S. 29, § 4.
G. S. 50, § 5.
P. S. 67, § 5.
1886, 289.
R. L. 64, § 10.
Section 10. Whoever, not being licensed and qualified as an auc- 1
without license, tionecr, sclls or attempts to sell anv propertv bv public auction, shall 2
1772-3,44, § 1- „ „ . ' , ,, n ^ 1 1 1 11 "3
Penalty for
selling, etc
1778-9! 29] § i' forfeit not more than five hundred dollars.
1780, 25, II.
1789, 59, H-
1822, 87, § 2.
R. S. 29, § 7.
G. S. 50, § 9.
P. S. 67, § 9.
R. L. 64, § 12.
19 Pick. 287, 482.
10 Met. 17.
8 Allen, 97.
139 Mass. 31.
Penalty for Section 11. Whoever sells or attempts to sell by public auction or
bankrupt sales, advcrtlscs for salc any goods, wares or merchandise falsely representing
R.^L. 64?'§ 14. or pretending that such goods, wares or merchandise are, in whole or in
part, a bankrupt or insolvent stock, or damaged goods, or goods saved
from fire, or makes any false statement as to the previous history or
character of such goods, wares or merchandise, shall be punished by
a fine of not more than one hundred dollars, and shall be liable in con-
tract to any person purchasing any such goods, wares or merchandise
because of such representation or statement, in an amount ecjual to
three times the amount paid therefor.
1
2
■i
4
.5
6
7
8
9
10
Penalty for
deceit in sale
by auction.
1822, 87, § 6.
1857, 232, § 2,
Section 12. An auctioneer or other person who is guilty of fraud 1
or deceit in relation to a sale by auction shall forfeit not more than one 2
thousand dollars. -^
G. S. 50, 5 11.
P. S. 67, § 11.
R. L. 64, § 13.
19 Pick. 287.
Sales by
sheriffs, etc.,
not affected.
1772-3. 44, § 3,
1777-8, 2, M.
1778-9, 29, § 1
1780, 25, § 2.
Section 13. This chapter shall not extend to sales made by sheriffs,
deputy sheriffs, constables, collectors of taxes, executors, administrators,
guardians, conservators, assignees of insolvent debtors or by any other
person required by law to sell real or personal property.
G. S. 50, § 10.
P. S. 67, § 10.
1789, .59, § 11.
1795, 8, § 2.
R. S. 29, § 11.
R- L. 64, § 15.
1915, 23.
property at
auction.
Licenses, etc
1925, 331.
Establishments SECTION 14. No pcrsou shall conduct or maintain an establish- 1
c?rt'Snp°ersonai meut whcre any gold, silver or plated ware, stones, precious or other- 2
wise, watches, clocks, jewelry, bric-a-brac, crockery, glassware, art
goods or leather goods, or articles or goods represented as such, are
sold at auction' unless he is licensed to conduct or maintain the same
by the licensing authority as defined in section one. Every application
for such a license shall contain the name and place of residence of the
applicant, a description of the premises whereon the applicant intends <S
to conduct or maintain such an establishment, the name of the owner 9
of said premises, a description of the class or classes of articles or goods 10
intended to be sold under the license. The license shall be expressed 11
to be and shall be subject to such reasonable conditions as to the hours 12
of keeping open such an establishment as the licensing authority may 13
prescribe. No person licensed hereunder shall conduct or maintain such 14
an establishment in any place other than tliat set forth in the license. L")
Every license granted hereunder shall exi)ire on December thirty-first 10
of the year of issue, and the fee for each such license and any renewal li
ClIAl>. 100.] AUCTIONEERS. 1189
18 thereof sliall he ten dollars whicli shall aec'onipany tlie application
19 therefor. Xothiiifi; in this section shall authorize any sale at auction by
20 any person other than a licensed auctioneer.
1 Section 15. Every such licensee shall keep books in which shall be Same subject.
2 described and inventoried all goods received at such establishment, f92^5,'^33i.
3 the date of such receipt, the name and place of business of the per-
4 son on whose account they are to be sold, the cost price to the licensee
.') if purchased by him for purposes of sale, together with the name
0 and place of business of the vendor, the names and addresses of the
7 purchasers at the auction, the dates when sold at auction and the prices
5 paid by said purchasers, together with a description of each article so
9 sold. Said books shall be open to the inspection, at all reasonable times,
10 of the licensing authority and its agents, or of any police officer. All
1 1 blank forms for applications and licen.ses, and blank record books neces-
12 sary to the administration of this section and section fourteen shall be
1.3 furnished to the licensing authorities of cities and towns at cost, by
14 the commissioner of public safety.
1 Section 16. The licensing authority, after notice to the licensee Same auhject.
2 and reasonable opportunity for him to be heard, may declare his license et"^"ni censes.
0 forfeited, or may suspend his license for such period of time as it may ^^~"' ^^'■
4 deem proper, upon satisfactory proof that he has violated or permitted
5 a violation of any condition thereof or of any provision of any law, by-
6 law or ordinance. The pendency of proceedings before a court shall
7 not suspend or interfere with the power to declare a forfeiture. If the
8 license is declared forfeited, the licensee shall be discjualified to receive
9 a like license for one year after the expiration of the term of the license
10 so forfeited.
1 Section 17. Any person who violates any provision of section four- same subject.
2 teen or fifteen, or any person licensed under said section fourteen to 1925,331'.
3 conduct or maintain an auction establishment who is guilty of fraud
4 or deceit in relation to any sale thereat, shall be punished by a fine of
5 not more than one hundred dollars or by imprisonment for ten days,
6 or both; and if a person licensed as aforesaid is convicted of a violation
7 of any provision of this section or of said section fourteen or fifteen, such
8 license shall be revoked by the licensing authority without a hearing.
1190
TRANSIENT VENDORS, HAWKERS AND PEDLERS. [ChAP. 101.
CHAPTER 101.
TRANSIENT VENDORS, HAWKERS AND PEDLERS.
Sect.
transient vendors.
1. Definitions.
2. Limit of application of chapter. Cer-
tain persons not exempted.
3. State license, bond or deposit, and fee.
4. Application for and record of license
to be filed.
6. Local license. Application, fee, etc.
6. Penalty for neglect to file statement,
etc.
7. Bankrupt sales, etc., regulated.
8. Selling without license, etc., prohibited.
9. Penalty for violation of two preceding
sections.
10. Action for recovery of local license fee.
11. Return or surrender of license, filing
certificate of loss, etc.
12. Special deposit and bond attachable,
when.
HAWKERS AND PEDLERS.
13. Definitions.
14. Unauthorized selling, etc., by hawker
or pedler penalized.
15. Limit of application of chapter.
16. Selling of certain articles prohibited.
17. Selling of certain articles permitted
without a license, etc.
Sect.
IS. Sale without license regulated.
19. Regulation of trade of bootblacking
and sales by minors. Penalty.
20. Permitting or aiding minor in violat-
ing certain prorisions prohibited.
Penalty.
21. Same subject. Penalty.
22. Hawkers' and pedlers' licenses. Special
state licenses. Fees.
23. County licenses. Fees.
24. Special state or county license to
veteran without fee.
25. Transfer of hcenses. Fee.
26. Records, etc., of licenses to hawkers
and pedlers.
27. Endorsement of license, production
thereof and use of badges, etc.
28. Effect of licenses on prosecution.
29. Pedlers, etc., licensed as auctioneers.
30. Revocation of licenses.
GENERAL PROVISIONS.
31. Counterfeiting licenses, etc., penalized.
32. Arrest. Prosecution.
33. Temporary licenses to sell articles for
charitable purposes.
Definitions.
1S90, 448, § 1.
R. L. 65. § 1.
1918, 257,
§§ 256, 257.
1919, 5.
1920, 2.
1921, 106, § 1.
1923. 102, § 1.
156 Mass. 215.
164 Mass. 338.
175 Mass. 326.
Op. A. G.
(1917) 57, 119.
TRANSIENT VENDORS.
Section 1. "Transient vendor" for the purposes of this chapter 1
shall mean and include any person, either principal or agent, who en- 2
gages in a temporary or transient business in the commonwealth, either 3
in one locality or in traveling from place to place selling goods, wares or 4
merchandise. 5
"Temporary or transient business" for the purposes of this chapter 6
shall mean and include any exhibition and sale of goods, wares or mer- 7
cliandise which is carried on in any tent, booth, building or other structure, 8
unless such place is open for business during usual business hours for a 9
period of at least nine months in each year. 10
Limit of
application
of chapter.
Certain per-
sons not
exempted.
1890, 448,
§§ 2, 5.
R. L. 65. 5 2.
1917, 237, § 1.
1918, 257,
§ 256.
1919, 5.
1920, 2.
1921, 106, § 2.
1923, 102, § 2.
1926, 120, 5 1.
Op. A. G.
(1917) 57.
Section 2. The provisions of this chapter relative to transient 1
vendors shall not apply to sales by commercial travelers or by selling 2
agents to dealers in the usual course of business, or to bona fide sales of 3
goods, wares or merchandise by sample for future delivery, or to sales 4
of goods, wares or merchandise by any person, whether principal or 5
agent, who engages in temporary or transient business in any town in 6
which taxes have been assessed upon his stock in trade during the current 7
year, or to hawkers and pedlers as defined in section thirteen, nor shall 8
they affect the right of any town to pass ordinances or by-laws author- 9
ized by law relative to transient vendors. No transient vendor shall be 10
Chap. 101.] transient vendors. 1191
11 relieved or exempted from the provisions and requirements of this chap-
12 ter relative to transient vendors by reason of associating himself tempo-
13 rarily with any local dealer, trader or merchant, or by conducting such
14 temporary or transient business in connection with or as a part of the
15 business of, or in the name of any local dealer, trader or merchant.
1 Section 3. Every person before commencing business in the com- state license,
2 monwealth as a transient vendor, whether as principal or agent, shall deposix
3 make written application, under oath, for a state license to the director 1S90' «s,
4 of standards, in this chapter called the director, stating tlie names and ^. fjis'-j 3*-
5 residences of the owners or parties in whose interest said business is to |^\'';3^°'
6 be conducted, and shall make a special deposit of five hundred dollars {Ij^'H^'.y^
7 with the director or shall give a bond in the sum of five hundred dollars, § 256. '
8 payable to the director and his successors, with sureties approved by the § 77.' ' '
9 director, conditioned upon (1) compliance with the provisions of this }9i6:i20, §2.
10 chapter relative to transient vendors, (2) payment of all fines or penalties
11 incurred by him through violations of such provisions, and (3) payment
12 or satisfaction of any judgment obtained against him in behalf of any
13 creditor whose claim arises in connection with the business done under the
14 licensee's state license and who, before the expiration of sixty days from
15 the return or surrender of said license or the filing of an affidavit of its
16 loss, shall have given due notice of his claim to the director. Thereupon,
17 upon the payment of a fee of twenty-five dollars, the director shall issue
18 to him a state license authorizing him to do business as a transient vendor.
19 Such license shall expire one year from the date thereof or on the day of
20 its surrender or of the filing of an affidavit of its loss, if it is earlier sur-
21 rendered or if such affidavit is earlier filed. Such license shall contain
22 a copy of the application therefor and of any statements required under
23 section seven, and shall not be transferable. It shall not authorize more
24 than one person to sell goods, wares or merchandise as a transient vendor
25 either by agent or clerk or in any other way than in his own proper
26 person, but a licensee may have the assistance of one or more persons
27 in conducting his business who may aid him but not act for or without
28 him.
1 Section 4. The director shall keep on file all applications for such Application for
2 licenses and a record of all licenses issued thereon. All files and records i^i«nstTo b"
3 of the director and of the respective town clerks shall be in convenient fggt), 448. § 7.
4 form and open to public inspection. ^ ^' ®^' * *'
1916, 120, § 2. 1918, 218. 1919, 350, § 77.
1 Section 5. Every transient vendor, before making any sales of AppUcauX'
2 goods, wares or merchandise in a town, shall make application to the ["^^^^l^^
3 aldermen or selectmen or other board authorized to issue such licenses §§5.' 8.9."
4 and, unless the fee therefor is fixed as hereinafter provided, shall file r. l'. 65,'
5 with them a true statement, under oath, of the average quantity and 1918.257.
6 value of the stock of goods, wares and merchandise kept or intended to flil^^s.^**"
7 be kept or exposed by him for sale. Said board shall submit such state- 1920, 2.
8 ment to the assessors of the town, who, after such examination and
9 inquiry as they deem necessary, shall determine such average quantity
10 and value, and shall forthwith transmit a certificate thereof to said
11 board. Thereupon the board shall authorize the town clerk, upon the
12 payment by the applicant of a fee equal to the taxes assessable in said
1192
TRANSIENT VENDORS.
[ClL^P. 101.
town under the last preceding tax levy therein upon an amount of l"!
property of the same valuation, to issue to him a license authorizing the 1-1
sale of such goods, wares and merchandise within the town. The board 15
may, however, authorize the issue of such license without the filing of said 16
statement as aforesaid, upon the payment of a license fee fixed by it. 17
Upon payment of such fee, said town clerk shall thereupon issue such IS
license, which shall remain in force so long as the licensee shall con- 19
tinuously keep and expose for sale in such town such stock of goods, 20
wares or merchandise, but not later than the first day of April following 21
its date. Upon such payment and proof of payment of all other license 22
fees, if any, chargeable upon local sales, such town clerk shall record 23
the state license of such transient vendor in full, shall endorse thereon 24
"local license fees paid" and shall affix thereto his official signature and 25
the date of such endorsement. 26
Penalty for
neglect to tile
statement, etc.
1890, 448, § 10.
R. L. 65. § 7.
1918. 257,
§256.
1919. 5.
1920. 2.
Section 6. Any transient vendor who neglects or refuses to file the
statement described in the preceding section, if required by the aldermen,
selectmen or other like board, or makes a false or fraudulent representa-
tion therein, shall be punished by a fine of not less than five nor more
than twenty dollars for each day on which he keeps or exposes for sale
any goods, wares or merchandise.
Bankrupt
sales, etc..
regulated.
1890, 448. § 12.
R. L. 66. § 8.
1916. 120, § 3.
1918,218; 257,
§ 256.
1919. 5; 350,
§77.
1920. 2.
(Penalty. § 9.)
Section 7. No transient vendor shall advertise, represent or hold 1
forth any sale as an insurance, bankrupt, insolvent, assignee's, trustee's, 2
executor's, administrator's, receiver's, wholesale, manufacturers' whole- 3
sale or closing out sale, or as a sale of any goods damaged by smoke, 4
fire, water or otherwise or in any similar form, without first making a 5
sworn statement to the director, either in the original ajjplication for a 6
state license or in a supplementary application, of all the facts relating 7
to the reasons for and character of such special sale so ad\-ertised or rep- 8
resented, and of the names of the persons from whom the goods, wares 9
or merchandise were obtained, the date of deli\'ery to the person apply- 10
ing for or holding the license, the place from which said goods, wares or 1 1
merchandise were last taken, and all details necessary to exactly locate 12
and fully identify all such goods, wares or merchandise. 13
Selling without
license, etc.,
prohibited.
1890, 448, §§ 3,
4, 8. 13.
R. L. 65. § 9.
1902, 544, § 9.
1918, 257.
§ 256.
1919, 6.
1920, 2.
[Penalty, § 9.]
Section 8. No transient vendor shall sell or expose for sale, at 1
public or private sale, any goods, wares or merchandise without state 2
and local licenses therefor, properly endorsed, nor shall any person, 3
either principal or agent, advertise by circular, handbill, newspaper or 4
in any other manner any such unlicensed sales. No transient vendor 5
shall file any application, original or supplementary, containing any 6
false statement. •
vkJiSS'™ of Section 9. Violations of section seven or eight shall be punished by 1
srciion""'^'"^ a fine of not more than fifty dollars or by imprisonment for not more 2
WFVs than two months, or both. 3
R. L. 65, § 9. 1902, 544, § 9.
Mvw? l°nocai Section 10. If a person liable for the license fee required by section 1
i890°44?§ii fi^'^ refuses or neglects to pay the same after demand by the clerk of 2
R. l'. 65, § 10.' the town in which he intends to sell goods, wares and merchandise, the 3
ClI.U'. lUl.] HAWKERS AND PEDLERS. 1193
4 clerk may maintain an action of contract therefor in his own name for
5 the benefit of such town.
1 Section 11. Upon the expiration and return, or surrender before Return or
2 expiration, of each state license, the director shall cancel the same, ficens'effiiing
3 endorse the date of return or surrender thereon, and place the same on foJs.'etn'^ °'
4 file. If a license is lost he may accept in lieu of the return or surrender \^^fj tt^'iW^'
5 thereof an affidavit to that effect, which shall be so endorsed and filed, '-jje. 120, § 4.
6 He shall hold the special deposit of the licensee for sixty days after the lois! 2i8';257.
7 return or surrender of the license or the filing of such affidavit and, after ioig, 5; 350.
8 satisfying or making provision in accordance with the following section 1920, 2.
9 for all claims made upon the same under said section, shall return the
10 surplus, if any, to said licensee; or, if said licensee has given a bond in
11 lieu of said deposit, the director shall, after said sixty days and after all
12 claims made under the following section have been satisfied or settled,
13 cancel said bond and notify said licensee and the surety on said bond.
1 Section 12. Each deposit made with the director shall, during the special deposit
2 terra of the licensee's license and for sixty days after the return or sur- tachabie, when.
3 render thereof or the filing of an affidavit of its loss, be subject to attach- pt^L. et^'s^a!'"
4 ment and execution in behalf of any creditor of the licensee whose claim \l\j[ 23?; | 4;
5 arises in connection with the business done under his state license and J-*'^' ;1^ . _,
I • • • 1 I ■ II- 1 ■ ■ 1 1919, 3o0. § (7.
6 who gives notice of such claim to the director during such period, and the
7 director may be held to answer as trustee, under the trustee process, in
8 any civil action in contract or tort brought against said licensee for such
9 claim and shall pay over upon execution such amount of money as he
10 may be chargeable with upon his answer. Said deposit shall also be sub-
11 ject to the payment of any fine or penalty imposed on the licensee for
12 violation of any provision of the eleven preceding sections; provided,
13 that written notice of the name of said licensee and of the amount of such
14 fine or penalty is given during such period to the director by the clerk of
15 the court in which, or the trial justice by whom, such fine or penalty was
IG imposed. No payment of any part of said deposit shall be made to the
17 licensee unless so much thereof is retained as is required to discharge all
18 claims, fines and penalties of which notices have been given to the director
19 as herein provitled and which remain undecided or unpaid. Upon the
20 giving of notice as herein provided, a bond gi\'en in lieu of such deposit
21 may be put in suit by any such creditor to reco\er the amount of such
22 claim or by any such clerk of court or trial justice to recover the amount
23 of such fine or penalty. If the licensee has made a deposit, the director
24 shall, until said deposit is exliausted, pay or make provision for the pay-
25 ment of all such claims, fines and penalties in the order in which notices
2G thereof were received by him. If the licensee has given a bond, the order
27 in which persons entitled to all such claims, fines and penalties shall
28 recover on the bond shall, until the penal sum of the bond is exhausted,
29 be determined by the order in which notices thereof were received by the
30 director.
HAWKERS AND PEDLERS.
1 Section 13. Except as hereinafter expressly provided, the terms Definitions.
2 "hawker" and "pedler" as used in this chapter shall mean and include 1721-2.6.'
3 any person, either principal or agent, who goes from town to town or lyflrl'.*'
4 from place to place in the same town selling or bartering, or carrying for {ggo! 45!
1194
HAWKERS AND PEDLERS.
[Chap. 101.
R. S. 35, § 7.
1846, 244, I 1.
G. S. 50. § 27.
sale or barter or exposing therefor, any goods, wares or merchandise, 5
either on foot, on or from anj- animal or vehicle. 6
1864. 151,
1870. 3.31.
1878. 216,
P. S. 68, §
R. L. 65, !
1918, 242,
1918, 257,
U.
§ 16, 19.
13.
§ 1.
5 260.
1919, 5.
1920, 2.
12 Cush. 493.
l.W Mass. 392.
175 Mass. 325.
195 Mass. 262.
197 Mass. 199.
217 Mass. 579.
229 Mass. 225.
272 Mass. 100.
156 U. S. 296.
4 Op. A. G. 633.
Unauthorized
selling, etc., by
hawker or
pedler penal-
ized.
[For statutory
references
see § 13.]
120 Mass. 183.
Section 14. A hawker or pedler who sells or barters or carries for 1
sale or barter or exposes therefor any goods, wares or merchandise, except 2
as permitted by this chapter, shall forfeit not more than two hundred .3
dollars, to be equally divided between the commonwealth and the town 4
in which the offence was committed. 5
157 Mass. 392.
175 Mass. 325.
195 Mass. 262.
229 Mass. 225.
272 Mass. 100.
4 Op. A. G. 515.
Limit of
application
of chapter.
1920, 591. § 21
1929, 349, § 1.
114 Mass. 267.
229 Mass. 225.
Op. A. a.
(1917) 57.
Section 15. The provisions of this chapter relating to hawkers and
pedlers shall not apply to wholesalers or jobbers selling to dealers only,
nor to commercial agents or other persons selling by sample, lists, cata-
logues or otherwise for future delivery, nor to any person who peddles
only fish obtained by his own labor or that of his family, fruits, ^Tgetables
or other farm products raised or produced by himself or his family, nor to
persons selling articles for charitable purposes under section thirty-three.
Selling of
certain
articles
prohibited.
Section 16. The sale by hawkers or pedlers of jewelry,
or spirituous liquors is prohibited.
furs, wines 1
1820, 45.
R. S. 35. § 8.
1846. 244, § 2.
G. S. 50, § 15.
P. S. 68, § 3.
R. L. 63, § 14.
1916, 242, § 2.
1929. 349, § 2.
(Penalty, § 14.]
14 Gray, 29.
217 Mass. 579.
4 Op. A, G. 633.
§2.
, 13.
l2.
Selling of cer-
tain articles
permitted with-
out a license,
etc.
1820, 45.
1823, 122.
R. S. .35, § 8.
1846. 244.
G. S. .TO, §
1878. 216,
P. S. 68, § i.
1883, 168.
1899, 260.
1900. 157.
R. L. 65, I 15.
1905, 377.
1906, 345.
1916, 48;
242. § 3.
1918, 257,
§ 261.
1919, 5.
1920, 2; 591,
§20.
1923, 285.
1927, 185. § 1.
1929, 349. § 3.
1931, 278; 429.
Section 17. Hawkers and pedlers may sell without a license news- 1
papers, religious publications, ice, flowering plants, and such flowers, 2
fruits, nuts and berries as are wild or uncultivated. The aldermen or 3
selectmen may by regulations, not inconsistent with this chapter, regu- 4
late the sale or barter, and the carrying for sale or barter or exposing 5
therefor, by hawkers and pedlers, of said articles without the payment of 6
any fee; may in like manner require hawkers and pedlers of meats, 7
butter, cheese, fish, and fresh fruit or vegetables, whether adults or 8
minors, to be licensed except as otherwise provided, and may make regu- 9
lations governing the same, provided that the license fee does not ex- 10
ceed that prescribed by section twenty-two for a license embracing the 11
same territorial limits; and may in like manner affix penalties for vio- 12
lations of such regulations not to exceed the sum of twenty dollars for 13
each such violation. A hawker and pedler of meats, butter, cheese, 14
fish, or fresh fruit and vegetables licensed under this section need not be 15
licensed under section twenty-t\vo. 16
157 Mass. 392.
175 Mass. 325.
190 Mass. 355.
219 Mass. 121.
272 Mass. 100.
4 Op. A. G. 567, 633.
Sale without
license
regulated.
G. .S. 50, § 13.
1862, 178.
P. S. 68. § 1.
1899, 260.
R. L. 65, § 16.
Section IS. Articles other than those the sale of which is licensed, 1
or permitted without a license, under the preceding section, and not 2
prohibited by section sixteen, shall not be sold by hawkers or pedlers 3
unless duly licensed as hereinafter provided. 4
1918, 257, § 262,
1919, 5,
1920, 2.
190 Mass. 355.
156 U. S. 296.
4 Op. A. G. 633.
Chap. 101.] il^wkers .\nd pedlers. 1195
1 Section 19. The aldermen or selectmen may make regulations con- Regulation of
2 sistent with the general laws relative to the exercise of the trade of boot- biackinK
3 blacking by minors, and to the sale or barter by minors of any goods, by''„llinorB.
4 wares or merchandise the sale of which is permitted without a license by fs4B.'2«', 5 2.
5 section seventeen, and may prohibit such trade or such sales, or may pigg'la*"
6 require a minor to obtain from them a permit therefor to be issued on J^*'',-' f.-*' , ^
7 terms and conditions prescribed in such regulations; provided, that in iwia'.wi.
8 the case of girls under the age of eighteen years and of boys under the loio; 419!
9 age of sixteen years the foregoing powers in cities shall be vested in and ]?j\'i] itf, ^ *'
10 exercised by the school committee. No permit issued to a minor under ft/i";' 5
11 this section nor badge issued to him under sections sixty-nine to seventy- JlJr,". 2^^ ^ ^
12 three, inclusive, of chapter one hundred and forty-nine shall authorize 4 0p.A. g. 567.
13 the sale by a minor of any article, other than those which may be sold
14 without a license under section seventeen. A minor who sells such
15 article or exercises such trade without a permit, if one is required, or
16 who violates the conditions of his permit or any provision of said regu-
17 lations, shall be punished by a fine of not more than ten dollars.
1 Section 20. Xo person, having a minor under his control, shall f;';,™'"'"^ ""^
* '--^ ^ SL\ci\i\f^ minor
2 knowinglv permit him to violate anv provision of section nmeteen, nor in violating
^ ^t I ^ - • 1 • 1 certain pro-
3 shall any person procure or employ a minor to commit any such \'iola- visions
4 tion, nor shall any person, either for himself or as agent of any other PenaUy.'^ '
5 person, furnish or sell to a minor any article the sale of which is per- \l\l] iH] 5 4.
6 mitted without a license by section seventeen, with knowledge that j^ira.^^'^'
7 he intends to sell it in violation of section nineteen, or after having j^'^. s.
8 received written notice to that effect from the school committee or any
9 officer charged with the enforcement of said section nineteen. Violation
10 of this section shall be punished by a fine of not more than two hundred
11 dollars or by imprisonment for not more than six months.
1 Section 21. Whoever employs a minor in, or, having the care or Same subject.
2 custody of a minor, permits him to engage in, hawking or peddling ilsf, 4'22.
3 without a permit or license, if one is required, or, for himself or as agent fg^- 242,^'!.'
4 of any other person, furnishes or sells to a minor any article with knowl- \^^^^ ^^^'
5 edge that he intends to sell such article in violation of the provisions j^i-'' s-
6 of this chapter relative to hawkers and pedlers, shall be punished by
7 a fine of not more than two hundred dollars, to be equally divided be-
8 tween the commonwealth and the town in which the offence was com-
9 mitted, or by imprisonment for not more than six months.
1 Section 22. The director may grant a license to go about carrying Hawkers' and
2 for sale or barter, exposing therefor and selling or bartering any goods, licenses.
3 wares or merchandise, the sale of which is not prohibited by section icense's.^'Fles.
4 sixteen, to any person who files in his office a certificate signed by the <?*2-5"*7'
5 mayor or by a majority of the selectmen, stating that to the best of his 'ssi. 298. 5 1.
6 or their knowledge and belief the applicant therein named is of good 20. '
7 repute as to morals and integrity, and is, or has declared his intention i87o! 331!
8 to become, a citizen of the United States. The mayor or selectmen, §§41!.'
9 before granting such certificate, shall require the applicant to make ^05, 204.^ '^'
10 oath that he is the person named therein, and that he is, or has declared }j|°J' ^^i. § i-
11 his intention to become, a citizen of the United States. The oath Jgjg'jfl'te'
12 shall be certified by an officer duly qualified to administer oaths and iQis! 218; 257,
13 shall accompany the certificate. The director shall cause to be inserted 1919, '5; 350,
14 in every such license the amount of the license fee and the name of the 1920, 2.
1196
HAWKERS AND PEDLERS.
[Chap. 101.
1929. 349. 5 5.
141 Mass. 81.
193 Mass. 262.
156 U. S. 296.
2 Op. A. G.
610. ■
4 Op. A. G.
567, 633.
town for which it is issued. The licensee may go about carrying for
sale or barter, exposing therefor and selling or bartering in any town
mentioned in his license any meats, butter, cheese, fish, fruits, vegetables
or other goods, wares or merchandise, not prohibited in section sixteen,
upon payment to the director of the following fees: for each town con-
taining not more than one thousand inhabitants, according to the then
latest census, state or national, four dollars; for each town containing
more than one thousand and not more than two thousand inhabitants,
seven dollars; for each town containing more than two thousand and
not more than three thousand inhal)itants, nine dollars; for each to^mi
containing more than three thousand and not more than four thousand
inhabitants, eleven dollars; and for each city and each other town,
eleven dollars, and one dollar for every one thousand inhabitants thereof
over four thousand ; but the fee shall in no case exceed twenty-six dol-
lars, and the amount paid shall be certified on the face of the license.
The director shall retain one dollar for e\-ery city and town named in
each of the above described licenses, and shall pay over to the treasurers
of the respective cities and towns at least semi-annually the balance of
said fees so received. The director may grant, as aforesaid, special
state licenses upon payment by the applicant of fifty dollars for each
license; and the licensee may go about carrying for sale or barter, expos-
ing therefor and selling or bartering in any city or town in the com-
monwealth any meats, butter, cheese, fish, fruits, vegetables, or other
goods, wares or merchandise, the sale of which is not prohibited by
statute. A hawker or pedler licensed under this section need not be
licensed under section seventeen or twenty-three within the territorial
limits for which the hcense under this section is issued.
15
1(5
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
County
licenses. Fees.
1846, 244, § 7.
G. S. 50, § 20.
P. S. 68, § 8.
R. L. 65, § 20.
1915, 253. § 2.
1916, 242, § 7.
1918. 218; 257.
§ 266.
1919. 5; 350,
S77.
1920. 2.
1927, 185, § 2.
1929, 349. § 6.
2 Op.A. G. 610,
Section 23. The director may also grant as aforesaid special county
licenses for each county mentioned tiierein; and the licensee may go
about carrying for sale or barter, exposing therefor and selling or bar-
tering within such county any goods, wares or merchandise manufac-
tured by himself or by his employer and not prohibited by section
sixteen, upon paying to the director the amounts following: for Suffolk,
Es.sex, ]\Iiddlesex and Worcester, each, ten dollars; for Norfolk,
Plymouth, Bristol, Berkshire and Hampden, each, eight tlollars; for
Franklin, Hampshire and Barnstable, each, six dollars; and for Dukes
county and Nantucket, each, four dollars. The license shall describe
the manufactured articles to be sold or bartered under it, and shall
not authorize the sale or barter of any other article by the licensee.
In case the licensee is selling or bartering goods, wares or merchandise
manufactured by his employer, the name of such employer shall be
stated upon the license. The director shall retain one dollar for every
county named in each of the above described licenses, and shall pay
over to the treasurers of the respective counties at least semi-annually
the balance of said fees so received. A hawker or pedler licensed under
this section need not be licensed under section twenty-two in any city
or town embraced within the territorial limits for which the license under
this section is issued.
1
2
3
4
5
(1
t
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Special state SECTION 24. The (Hrcctor may grant without fee, on proof of iden- 1
rice'nTe°to tity, a spccial state or county license to act as hawker or pedler, subject 2
veteran with- jj(.j^pj.^^.igp ^^ ^j^j^ chapter, to any soldier or sailor resident in the common- 3
1919. 22; 350. ^,^^^^^^^ ^^.j^^ ser\ed in the army or navy of the United States during the 4
ClIAP. 101.] IL^WKERS AND PEDLERS. 1197
5 world war and received an honorable discharge or a release therefrom,
6 and who is wholly or partly disabled by reason of wounds or injury re-
7 ceived, or disease contracted, during such service.
1 Section 25. A license granted under section twenty-two or twenty- Transfer of
2 three may be transferred by the director, upon application therefor, I'weriii.^^^'
0 accompanied by a fee of one dollar and upon e\'idence furnished by q^ |; I;, ^ 23.
4 the applicant like that required for the original granting of such license, ^ f; ^^^ ^2^^
5 and the transferee of a license granted under said section twenty-three }9J|> 2s|, § 3.
6 may go about carrying for sale or barter, exposing therefor and selling mm', ho'. § 77.
7 or bartering any articles described therein within the county therein 1929! 349] § 7.
8 set forth. The director may make rules and regulations consistent " "' ' '*''''■
9 with law covering the transfer of licenses granted under said section
10 twenty-three.
1 Section 26. The director shall keep a record of all licenses to hawkers Records, etc.,
2 and pedlers granted by him, with the number of each, the name and resi- hawfcerflnd
3 dence of the licensee, and the counties, cities and towns, if any, mentioned I'sw'lk,
4 therein, and of all transfers of licenses; and all such records shall be Q^g'f5 5^21,
5 open to public inspection. The provisions of this chapter relating to 2|.,^ ^^^ ^
6 hawkers and pedlers, or a synopsis thereof, shall be printed on every p. s.'es, §'§11,
7 such license. All such licenses shall bear the date of their issue and shall r.'l. es, § 23.
8 continue in force for one year from that date.
1915, 253, § 4. 1918, 218: 257, I 267. 1920, 2.
1916, 242, § 8. 1919, 5; 350, § 77.
1 Section 27. Every person licensed as a hawker or pedler shall onf°e™r^°'
2 endorse his usual signature upon his license. He shall produce his }'|^°J:'|."'(''°"
3 license for inspection whenever demanded by a mayor, alderman, and use of
4 selectman, director or inspector of standards, sealer or deputy sealer isie, 244, § 9..
5 of weights and measures, city or town treasurer or clerk, constable, g'"s.' so, '§ 24.'
6 police officer or justice of the peace; and if he fails so to do, he shall be r. l.^b^s.^m.
7 subject to the same penalty as if he had no license. The director shall, J^}^- §^i^' | ^^
8 at the expense of the licensee, provide a badge for each pedler and plates J^js. 218.
9 or tags for each pack, parcel or vehicle used in hawking or peddling. 1029! 349! § 8.
10 Such badges, plates or tags shall bear the number of the license, the
11 word "pedler", and such other information as the director may deem
12 necessary. Each pedler shall wear his badge in a conspicuous place.
13 Each wagon or other vehicle shall have attached to the front or side
14 thereof, in a place where it may readily and plainly be seen, and each
15 pack or parcel carried by a pedler traveling on foot shall have conspicu-
16 ously displayed thereon, the plate or tag provided by the director with
17 the license number attached thereto.
1 Section 28. No license issued to a hawker or pedler shall defeat or Effect of
2 bar a prosecution against the licensee, if it is proved that he sold or prosecution.
3 bartered, carried for sale or barter or exposed therefor, any articles, |§^4,'io.*'
4 except such as are permitted without a license by section seventeen, in a pfls' fif
5 place in which he was not licensed to sell.
R. L. 63, § 26. 1916, 242, § 11.
1 Section 29. No hawker or pedler, holding an auctioneer's license, Pediers, etc.,
2 shall sell or expose for sale by public auction any goods, wares or mer- auctfoneMs.
3 chandise in any town other than that from whose authorities such license q "f; 5of'§ if;
4 was obtained, nor in any place in such town not expressly described r l'®6*5\28
5 therein.
1198
TRANSIENT VENDORS, HAWKERS .\XD PEDLERS. [ChAP. 101.
Revocation
of licensea.
1908, 208.
1915, 253, §
1916, 242, §
1918, 218.
1919, 350, §
1923, 154.
1928, 214.
1929, 349, §
Section 30. Any license granted by the director to a hawker or 1
, pedler may be revoked by him upon conviction of the licensee of any 2
9^ crime which in the judgment of the director warrants such revocation, 3
77. or upon the submission to the director of evidence satisfactory to him 4
that, during the term of the license, the licensee has accepted or so- 5
® licited money otherwise than through the bona fide sale or barter of 0
goods, wares or merchandise or has violated any provision of section 7
ten A of chapter two hundred and sixty-four, or has in any manner 8
begged or solicited alms from the public, or for any other sufficient 9
cause. Whenever any person is convicted of a violation of any provi- 10
sion of this chapter, relative to hawkers and pedlers, or a person hold- 11
ing such a license is convicted of any crime, the clerk of the court in 12
which, or the trial justice by whom, such person was convicted shall 13
notify the director. 14
§ 10.
26.
Counterfeiting
licenses, etc.,
penalized
1846, 244
G. S. 50,
1870, 331.
1878, 216, § 1.
P. S. 68, § 15.
R. L. 65, § 27.
1916, 242, § 12,
1918,257, §268,
1919, 5.
1920, 2.
Arrest.
Prosecution.
1864, 151, §3.
P. S. 68, § 19.
R. L. 65, § 29.
1915, 253. § 7.
1916, 120, § 6.
1918, 218.
1919, 350, § 77,
GENERAL PROVISIONS.
Section 31. Whoever counterfeits or forges a license, or has a
counterfeited or forged license in his possession with intent to utter or
use the same as true, knowing it to be false or counterfeit, or attempts
to sell under a license which has expired or has been revoked or can-
celled, or which has not been issued or transferred to him, or has in his
possession another's license with intent to use the same, shall be punished
by a fine of not more than one thousand dollars.
Section 32. The director and inspectors of standards and, within
their respective towns, sealers or deputy sealers of weiglits and measures,
constables and police officers shall arrest and prosecute every hawker
and pedler, and transient vendor, whom they may have reason to believe
guilty of violating any provision of this chapter.
Temporary
licenses to sell
articles for
charitable
purposes.
1916, 188.
1931,394, §115.
Section 33. The board of pulilic welfare in any city or the selectmen
in any town may, under such conditions as they may deem proper, grant
to any organization
engaged exclusively in charitable work a special 3
license authorizing it, upon a particular day and for a charitable purpose 4
named in such license, to sell, through its accredited agents in the streets 5
and other public places within such city or town, or in any designated part 6
thereof, flags, badges, medals, buttons, flowers, souvenirs and similar 7
small articles; provided, that no person under sixteen years of age shall 8
be accredited as such agent, that each agent shall wear in plain sight while 9
engaged in selling such articles a badge, provided by such organization 10
and approved by the authority issuing the license, bearing upon it the 11
name of such organization and the date on which the license is to be 12
exercised, and that no such agent shall be authorized to make or attempt 13
to make such sales in front of any private premises against the objection 14
of the owner or occupant thereof. The exercise of the licenses hereby 15
provided for shall be subject to the provisions of all statutes, ordinances, 16
by-laws, rules and regulations not inconsistent herewith. 17
Chap. 102.]
SHIPPING AND SEAMEN.
1199
CHAPTER 102.
SHIPPING AND SEAMEN, HARBORS AND HARBOR MASTERS.
Sect.
shipping and seamen.
1. Penalty for boarding vessels without
leave.
2. Seamen exempt from arrest for debt,
when. Penalty.
3. Penalties, how recovered, etc.
4. Harbor limits.
5. Relief of shipwrecked seamen.
VESSELS TRANSPORTING STONE, ETC.
6. Weighers of vessels.
7. Vessels transporting stone, etc., to be
marked. Marks.
8. Duties of weighers.
9. Deduction from tonnage, when made.
10. Regulations on board during weighini;.
11. Marks to be annually examined. Fee.
12. Fees of weighers.
13. Penalties.
14. Ordinances, etc., as to weighing of
lighters, etc.
Sect.
15. Use of motor boats not provided with
certain appliances penalized.
16. Power boats on certain ponds, lakes,
etc., to display lights at night.
HARBORS AND HARBOR MASTERS.
17. Illegal deposit of stones, etc., in harbor
penalized.
18. No line to be passed across channel.
19. Harbor masters, etc.
20. Powers and duties of assistants.
21. Powers of harbor masters.
22. Same subject.
23. Same subject.
24. Removal of vessel lying in harbor.
25. Removal of vessel lying at wharf.
26. Regulation of station of vessels, etc.
27. Harbor masters to report violations.
28. Penalties.
SHIPPING ANB SEAMEN.
1 Section 1. Whoever, not being a pilot or public officer, shall board
2 or attempt to board a vessel arriving in the harbor of Boston, Salem,
3 Fall River, New Bedford and Fairhaven or Gloucester, before such
4 vessel has been made fast to the wharf, without the previous permission
5 of the master or person having charge thereof or the previous written
6 permission of its owners or agent, or whoever, without such leave and
7 without authority of law, shall board a vessel in any of said harbors
8 after having been forbidden so to do by a person having charge thereof
9 at the time, or, having boarded such vessel, shall refuse or neglect to
10 leave it when ordered so to do by the person having charge of it, shall
11 forfeit not more than fiftv dollars.
Penalty for
boarding ves-
sels without
leave.
1S.57, 139,
§§ 1-3.
G. ,S. 52,
§§22,23.
P. S. 09,
§§5, 6.
1S9.5. 106. § 1.
R. L. 66, § 1.
160 Mass. 312,
U. .S. Rev.Sta.
§ 4606.
1 Section 2. A seaman or mariner who has shipped or entered into a .Seaman
2 contract for a voyage from a port in this commonwealth shall not be arSfor""
3 arrested on mesne process on account of a debt to a landlord or boarding penait*>-^''°'
4 house keeper; nor shall a landlord or boarding house keeper detain or f^Q-^Jfli, 5 1
5 have a lien upon his wearing apparel or other pro])erty, or hinder, ob- is^g. 235
6 struct or delay him in the performance of such contract. Molation of p. s. 69,' § 9.
7 this section shall be punished by a fine of not more than two hundred
8 dollars.
1 Section 3. If any offence mentioned in the two preceding sections Penalties, how
2 is committed in Boston or Boston harbor, the penalty may be reco\-ered isTtT^im,' fe.
3 by complaint in the municipal court of the city of Boston; if in Salem p.' |. eg,' § fo.'
4 or Salem harbor, in the first district court of Essex; if in Fall River or fgs^Ma^^asb
5 Fall River harbor, in the second district court of Bristol; if in New
6 Bedford or Fairhaven or in the harbor of New Bedford and Fairhaven,
1200
SHIPPING AND SE.'UVIEN.
[ClIAP. 102.
in the third district court of Bristol, and if in Gloucester or Gloucester 7
harbor, in the district court of eastern Essex. Whoever commits any 8
such offence may be arrested without a warrant by any officer qualified 9
to serve criminal process in the town in which the offence may be tried, 10
and he shall be forthwith brought before the court. 1 1
Harb
or li
mits.
1857,
139
§7.
G. S.
62.
§28.
P. S.
69,
§11.
1895,
106
§2.
R. L
66,
§6.
Relief of ship-
wrecked
seamen.
1886, 179.
1898, 230.
R. L. 66, § 7.
1918, 291, § 17,
1919, 350, § 87,
1926, 241, § 2.
192S, 155, § 2.
Section 4. For the purposes of the three preceding sections, the
outer limits of Boston harbor shall be a line drawn from Harding's Rock
to the Outer Graves and thence to Nahant Head, and said harbor shall
include the shores of Chelsea; the outer limits of Salem harbor shall be
the chops of said harbor; the harbor of Fall River shall include the waters
of Taunton Great ri^'er and Mount Hope bay, from the south line of the
town of Freetown to the Rhode Island state line, including the shores of
Somerset; the harbors of New Bedford and Fairhaven shall be con-
sidered one harbor, the outer limits of which shall be the outer limits of
Buzzard's bay; and the outer limits of Gloucester harbor shall be a line
drawn from Eastern Point to Norman's Woe.
Section 5. Boards of public welfare of towns may provide transpor-
tation to destitute shipwrecked seamen from one place to another within
the commonwealth, and such other assistance while they are awaiting
transportation, not exceeding ten dollars for each person, as the said
board deem necessary. A detailed statement of expenses so incurred shall
be rendered to the department of public welfare, and, after approval by
it, such expenses shall be paid by the commonwealth, subject otherwise
to the provisions of section forty-two of chapter one hundred and twenty-
one, from the appropriation for temporary aid without reference to the
legal settlement of such seamen.
1
2
.3
4
5
6
7
8
9
10
11
1
2
3
4
5
6
7
8
9
10
Weighers of
vessels.
1800, 75, § 2.
1822, 103, § 2.
R. S. 31. § 1.
G. S. 52. § 30.
P. S. 69. § 13.
VESSELS- TRANSPORTING STONE, ETC.
Section 6. The mayor of a city and the selectmen of a town in 1
which lighters or other vessels are employed in transporting stones, 2
gravel or sand shall annually, in March or April, appoint one or more 3
sworn weighers of vessels. ■*
R. L. 66, § 8. 11 Met. 59.
Vessels trans-
porting stone,
etc., to be
marltcd.
Maries.
1800, 75. § 1.
1822, 103. § 1
R. S. 31. § 2.
G. S. 52, §31
P. S. 69, § 14.
1897, 273.
R. L. 66, § 9.
Section 7. Every lighter or other vessel employed in transporting 1
stone sold by weight or gravel or sand shall be marked on the stem and 2
stern post, nearly level with the bend of the vessel, with stationary 3
marks or bar iron, not less than six inches long and two and a half inches 4
wide, fastened with two good and sufficient iron bolts driven through .'>
said stem and stern post and riveted into said bar iron, from which all (J
other marks shall take their distance in feet, inches and parts of inches, 7
as the distance may require, from the lower edge of the stationary marks S
to the lower edge of tiie other marks; which marks shall be as follows: 9
light water marks, not less than four inches long and one inch and a half 10
wide; and marks for every four tons above said light water marks, 11
legibly cut or cast, in figures of four and multiples of four, up to the full 12
capacity of the vessel. Said figures shall express the weight which such 13
vessel is capable of carrying when the lower parts of such figures touch 14
the water; and all tlie marks shall be of good and sufficient leacl or 1,5
copper, fastened on the stem and stern post of each \essel with sufficient 10
nails not less than one inch long; or the weight which such lighter or 17
Chap. 102.] shipping and semif.n. 1201
18 other vessel is capable of carrying siiail be indicated by having in the
19 hold of such lighter or vessel, at each end thereof, and as near as practi-
20 cable to the extremities of the space where the cargo is usually carried,
21 a glass tube, with a stopcock at the bottom, which shall be mounted
22 upright upon a scaleboard of metal or wood having marks or figures so
23 arranged thereon as to indicate the weight of the cargo when the water
24 in the tube shall reach the bottom of a figure or mark on the scaleboard.
1 Sfxtion S. Each weigher, upon request, shall furnish the requisite Duties of
2 marks and nails, and shall cause lighters and other vessels to be weighed rs^22, \o3, 5 s.
,3 and marked in conformity with the preceding section. The weigher §: i: 52! 1 32.
4 shall keep in a book provided for the purpose a correct account of the r.l. m.Vio.
5 distance of each mark from the stationary marks, in feet, inches and
6 fractions -thereof, and shall give a certificate thereof, expressing the
7 distance, to the master of every such vessel.
1 Section 9. In taking the tonnage of every such vessel, a deduction Deduction
2 may be made of one ton for every inch that the light water marks are wh«i made.
3 under water after such vessel has discharged its cargo.
1822, 103, § 4. G. S. 52, § 33. R. L. 66, § 11.
R. S. 31, § 4. P. S. 69, § 16.
1 Section 10. Every person on board such vessel, who does not keep Regulations
2 within the bounds of the bulkhead and fore chains during the time of "n^g weighing'^_
3 taking the marks or while a weigher is employed in weighing or marking, r ~|; si^'s s!''
4 unless in case of absolute necessity, shall forfeit not more than twenty p | ||; | f* ;
5 dollars.
R. L. 66, § 12.
1 Section 11. Such vessels shall ha\e their marks examined annually Marks to be
2 in June by a sworn weigher; and if the marks agree with the former amined. Fee.
3 certificates, he shall certify the same accordingly; otherwise he shall keep 1S22! 103, 5 7.
4 such certificates, which shall be admitted in evidence in any prosecu- al. 52,^^*' ''
5 tion against the master or owner of such vessel under this chapter, and p^l^gl^'
6 such vessel shall be weighed again. For the services required by this 1,5 J*. 19.
_ .1111 • 1 II 1 ne "' R. L. 66, § 13.
7 section he shall receive one dollar and fifty cents.
1 Section 12. Each weigher shall receive from the owner or master Fees of
2 of a A^essel weighed and marked twenty cents for every ton of such vessel, 182I, "03,
3 and four dollars for furnishing marks, nails and other necessary articles, r. I; 31, 5 7.
4 fastening the same and giving the certificate.
G. S. 52, § 36. P. S. 69, § 19. R. L. 66, § 14.
1 Section 13. Every owner or master of any such vessel who neglects Penalties.
2 to have the same weighed, marked and examined according to this 1322! 103, 1 5.
3 chapter, or removes any marks or alters his certificate, and every weigher f§ f.'g,^'
4 who places any mark contrary to this chapter, or gives a false certificate, ^j fy^^fg.
5 shall forfeit not more than three hundred dollars.
p. S. 69, §§ 20, 21. R. L. 66, §15. 11 Met. 59.
1 Section 14. Towns may establish ordinances or by-laws regulating Ordinances,
2 the marking and weighing of lighters and other vessels employed in we^ghfng°of
3 transporting stones, gravel, sand or other ballast; the inspection and ilJsriol.'"'
4 weighing of such ballast ; and the appointment and compensation of p- 1; H; | ?|;
5 weighers, markers, inspectors and other officers necessary to carry such ^ ^ *'''■ ^ '•>
1202
HARBORS AND HARBOR MASTERS.
[Chap. 102.
ordinances or by-laws into effect; and may affix penalties for breaches 0
thereof not exceeding those named in sections ten and thirteen. 7
Use of motor
boats not
provided
with certain
appliances
penalized.
1909, 245,
§§ 1,2,
Section 1.5. Whoever uses a boat propelled in whole or in part
by gas, gasoline or naphtha, unless the same is provided with a muf-
fler or an under-water exhaust, so constructed and used as to muffle
in a reasonable manner the noise of the explosion, shall be punished by
a fine of not more than twent^'-five dollars.
Power boats
on certain
ponds, lakes,
etc., to display
lights at night.
1910, 397, § 1.
1918. 257,
§ 269.
1919,5.
1920. 2.
Section 16. All boats propelled by gasoline or naphtha, or by steam, 1
electric or mechanical power, on ponds, lakes and rivers, when in use 2
from one half hour after sunset until one half hour before sunrise, shall 3
display lights as follows: 4
(a) On the starboard side, a green light of such a character as to be 5
visible on a dark night, with a clear atmosphere, and so constructed as 6
to show a uniform and unbroken light over an arc of the horizon of ten 7
points of the compass, and so fixed as to throw the light from a point 8
right ahead to two points abaft the beam on the starboard side. 9
(b) On tlie port side, a red light of such a character as to be visible on 10
a dark night, with a clear atmosphere, and so constructed as to show a 11
uniform and unbroken light over an arc of the horizon of ten points of 12
the compass, and so fixed as to throw the light from a point right ahead 13
to two points abaft the beam on the port side. The red and green lights 14
shall be fitted with inboard screens. 15
(c) A white light at the stern plainly visible above any deck-house or 16
other obstruction. 17
Illegal deposit
of stones, etc.,
in harbor
penalized.
C. L. 9:
157, § 3.
1713-14,
10, § 1.
1881,8, § 6.
HARBORS AND HARBOR MASTERS.
Section 17. Whoever wilfully and without lawful authority or li-
cense therefor, deposits in a harbor or other navigable tide waters stones,
gravel, mud, ballast, cinders, ashes, dirt or any other substance tending
to injure the navigation or to shoal the depth thereof shall be punished
by a fine of not more than twenty dollars.
p. S. 69, § 23. 1884, 269, § 1. R. L. 66, § 17.
pa°ied\croM SECTION 18. No warp or line shall be passed across a channel or dock 1
channel. go as to obstruct vcsscls passiug along the same. 2
1881, 8, § 7. p. S. 69, § 24. R. L. 66. 5 18.
[Penalty, § 28.1
Harbor
masters,
etc.
1881
8,
§ 1-
P. S.
69,
§25.
1882
216, § 1
R.L
66
§19
1909
270.
[Penalty
§28
Section 19. The mayor of a city, except Boston, or the selectmen
of a town where a harbor is situated, unless otherwise specially pro-
vided, may, and for all harbors that have been improved by the expendi-
ture of money by the commonwealth shall, appoint a harbor master
1 and assistant harbor masters and fix their compensation, to be paid by
their respective cities or towns. The harbor master shall continue in
office until the appointment of his successor, and the assistants, until the
appointment of their successors or until their appointments Iia\'e been
revoked.
Section 20. Such assistants shall be subject to the direction and 1
Powers and
duties of
ilsl'Tie' 6' fwntrol of the harbor master of tlieir town, and shall have all the powers 2
u. l! 60, '§ 2o'. given to, and be subject to all the duties required of, harbor masters by 3
IPoiialty, 5 28.1 laW. 4
Chap. 102.] harbors .\nd harbor m.\sters. 1203
1 Section 21. The master of a vessel within a harbor for whieh a har- Powers of har-
2 bor master is appointed shall anchor his vessel according to the rcgula- c°l. ist, §'2.
3 tions of the harbor master, and shall move to such place as he directs. R^s.'eo.Vie.
4 The master of a towboat having a vessel in tow and a pilot having a vessel Jf *l: 68?'§ 21.
5 in charge shall allow such vessel to anchor only in such place as the rcgu- ^^^ ^''''^- **•
6 lations of the harbor master provide for anchorage. [Penalty, 5 28.)
1 Section 22. The master of a vessel, before unloading lumber in the same subject.
2 stream or channel of a harbor having a harbor master, shall obtam from p. s.'gq. § 27.
3 him a permit, designating where such lumber may be rafted.
(Penalty, § 2S.)
R. L. 66. § 22.
1 Section 23. A vessel King in a harbor or at a wharf or pier in a har- Same subject.
•- <n X . GUI O R d.
2 bor shall, if so directed by the harbor master, cockbill the lower yards, p. s.'eg, §28.
3 brace the topsail yards fore and aft and rig in the jib-boom. ^' ^' ^®' ^ ^^'
(Penalty, § 28.)
1 Section 24. A harbor master may, at the expense of the master Removal of
2 or owners thereof, cause the removal of any vessel which lies in his har- harbor.^'"* '"
3 bor and is not moved when directed by him, and upon the neglect or i?*s.' 69,^29.
4 refusal of such master or owners on demand to pay such expense, he may ^^l\ ]7^-^ 24.
5 recover the same from them in contract, to the use of the town where the (Penalty, § 28.]
6 harbor is situated.
1 Section 25. If the master or other person in charge of a vessel occu- Removal of
2 pying a berth at a wharf or pier fails, after notice from the wharfinger It whaS"*
3 thereof or his agent, to remove his \-essel from such berth within such p^^s.lg.Vso.
4 time as the harbor master adjudges reasonable, the harbor master shall ^ ^ ''^' ^ ^^•
5 cause such vessel to be moved to some other berth or anchored in the ^"^ '^'
6 stream, and may recover the expense thereof in contract from the master
7 or owners thereof, to the use of the town where the harbor is situated.
1 Section 26. A harbor master may regulate and station all vessels Regulation of
2 in the streams or channels of his harbor, and may remove such as he ve'sseis.etc.
3 determines are not fairly and actually employed in receiving or discharg- p^'s.'eg. §31.
4 ing their cargoes, to make room for such others as require to be more ^' ^' ''®' ^ "''■
5 immediately accommodated for such purposes.
1 Section 27. Harbor masters shall report to the department of pub- Harbor masters
to TGDOrL
2 lie works any violation of section seventeen or of anv law relating to violations.
• • • • "^ • • 1881 8 § 11
3 tide water in their respective harbors, and of all shipwrecks in the tide p. s.'Gii, §32.
4 waters of their respective harbors and of any obstructions therein. r.^l'. It. '§ 27'.
1916, 288, § 1. 1919, 350, § HI.
(Penalty, § 28.)
1 Section 28. Whoever violates any of the provisions of the ten pre- Penalties.
2 ceding sections or refuses or neglects to obey the lawful orders of a har- §§ id, 12.
3 bor master, or resists him in the execution of his duties, shall be punished §§ 33. 34.
4 by a fine of not more than fifty dollars, and shall be liable in tort to any ^^^l\ gg^j 2s.
5 person suffering damage thereby. ^^^ ^^''^^ ^''^
1204
PILOTS.
[Chap. 103.
CHAPTER 103
PILOTS.
Sect.
1. Pilot districts.
2. Commissioners and deputy commis-
sioners of pilots. Appointment, etc.
3. Same subject. Powers and duties.
4. Secretary to commissioners of district
one. Appointment, duties, etc.
5. Accounts of pilots. Compensation,
etc., of commissioners, etc.
6. Pilots to give bonds.
7. [Repealed.]
8. [Repealed.]
9. [Repealed.]
10. [Repealed.]
11. [Repealed.]
12. [Repealed.]
13. [Repealed.]
14. [Repealed.]
15. Discharge of surety on bond of pilot.
16. Pilots to give new bond, when.
17. Lien of pilots for their fees.
18. Liability of pilots for negligence, etc.
19. Pilots to exhibit their commissions.
20. Pilots taking charge of certain vessels
suspended, etc.
Sect.
21. Pilots to board first vessel showing
signal.
22. What shall constitute an offer of pilot-
age service.
Inward vessel to take first pilot
offering.
Outward vessel to pay fees to inward
pilot.
What vessels pilots are to take charge
of.
Certain vessels liable only for half fees.
Fees of vessel taking steam towage.
28. Exemption of certain vessels from com
pulsory pilotage.
29. [Repealed.]
30. Additional fees in case of detention.
31. Rates of pilotage.
32. Pay of pilot when carried to sea.
Failure to anchor vessels with alien pas-
sengers penalized.
Controversies between pilots, how set-
tled.
Persons not pilots forbidden to act as
such. Penalty.
23.
24,
20,
27.
33
34.
35.
Pilot districts.
1S57, 139, § 7.
G. S. 52, § 2S.
1862, 176, § 7.
P. S. 70, § 7.
R. L. 67, § 6.
G. L. (ed. of
1920) 103, § 6.
1923, 390, § 1.
9 Met. 371.
119 Mass. 179.
Section 1. For the purposes of this chapter the shore line of the 1
commonwealth shall be divided into four districts. 2
District one shall be the harbor of Boston and shall include all places or 3
landings accessible to vessels from the sea within the limits of Egg Rock, 4
now or formerly known as Nahant Rock or Nahant Head, on the north, 5
and Point Allerton on the south. G
District two shall include all landing places accessible to vessels from 7
the sea situated between the New Hampshire state line on the north and 8
Egg Rock on the south, including rivers, bays and sounds adjacent 9
thereto. 10
District three shall include all landing places accessible to vessels from 1 1
the sea situated between Point Allerton on the north and the Rhode 12
Island state line on the west, with all such landing places on the Elizabeth 13
Islands and in the counties of Nantucket and Dukes, including rivers, 14
bays and sounds adjacent thereto, and the Cape Cod canal. 15
District four shall include all landing places on Mount Hope bay and Hi
the Taunton river situated within the commonwealth. 1 7
Commissioners
and deputy
commissioners
of pilots.
Appointment,
etc.
17.5.3-4. 16.
1808, 37.
183.5, 149,
§§ 1.7.
R. S. 32, §
18,5.5, 421.
G. S. .52, § 1.
1862, 176, § 3.
1,5.
Section 2. There shall be two commissioners of pilots for district one
and'one deputy commissioner of pilots for each of the other three districts.
On or before December first in any year when their terms of office expire,
their successors shall be ajijiointed by the governor, with the advice and
consent of the covuicil, for terms of three years. A de[)uty commissioner
of pilots for any district shall be a resident of a town ha\ing a lantling
j)lace accessible to vessels from the sea situated within that district. In
this chapter, the word "commissioners" shall be held to mean, as to dis-
CiiAP. 103.] PILOTS. 1205
9 trict one, the commissioners of pilots for said district and, as to each other p. s. to, 5 2.
10 district mentioned in section one, the deputy commissioner of pilots for g. l. m.U'
11 such district. They shall have experience in maritime and nautical 192°' sno,' 1 1.'
12 affairs. Appointments of commissioners for district one shall be made }?'J'<,''^''' L1^-
, I . (. , c ^ It ^ r . ^''"* Mass. 603.
V4 upon the recommendation 01 the trustees or the Boston JNIarme Society
14 provided such recommendation is made. Appointments of commission-
1.5 ers for districts other than district one may be made upon the recom-
l(i mendation of said trustees. No commissioner for any district shall be
17 such a trustee.
1 Section 3. The commissioners, subject to the approval of the trus- Same subject.
2 tees of said society, shall formulate rules and regulations for pilotage and dmiS" ""
3 establish rates within their respective districts, which, for district one |§''i*,'9.^'
4 shall be the rates established in section thirty-one, and which for the {798; H] 1 1;
5 other three districts shall not exceed the rates established by said section. }|.^^' i|f-
6 The commissioners also, in accordance with such rules and regulations, Joky*;,
7 shall grant commissions as pilots for their districts or for special locations isss,' lio, §2.
8 therein, to such persons as they consider competent; provided that for le. 25^ 26, '29.'
9 district one such persons shall first be approved by said trustees. The fis.?. 421, § 2.
10 commissioners may, upon satisfactory evidence of his misconduct, care- fggl; ffgf ^■
11 lessness or neglect of duty, suspend any such pilot until the next meeting fg7s 39^'''
12 of said trustees and may thereafter continue such suspension until the §§ !,■ 2
13 close of the next stated meeting of said trustees, but no longer for the same p s'70.
14 offense. If said trustees decide at either of said meetings that the com- issi 208, § 1.
1.5 mission of such pilot ought to be revoked, the commissioners may revoke r.^l. g"?'
Hi it at any time after said decision is rendered and before it is reversed. Gf„\'^±'o!
17 The commissioners shall cause the laws and regulations for pilotage within '^^oi 103. §§ 2,
18 their district to be duly observed and executed, and shall receive, hear 1923, 390. § 1.
19 and determine complaints by and against pilots for said district. 2 op. am. ae.
1 Section 4. The commissioners of district one shall appoint a secre- secretary to
2 tary who shall keep an office and attend the same dm-ing the day to re- of di"trTct"o"e.
3 ceive complaints by and against the pilots for said district, and who shall dutiea°etc^°''
4 keep a fair record of his doings which shall be open at all times for exami- r^|' 3|'"'§\9;
5 nation. isss, 421, § 4.
G. S. 52. § 11. p. S. 70, § 4. G. L. fed. of 1920) 103, § 3.
1862, 176, § 5. R. L. 67, § 3. 1923, 390. § 1.
1 Section 5. Once in every three months each pilot shall render to Accounts of
2 the commissioners for his district an accurate account of all vessels pensation,°e'tc.,
3 piloted by him and of all money received for pilotage by him or by any °Ln°e7s"'ct'c.
4 person for him, and shall pay to the said commissioners four per cent of r^^|; lif'^ 20.'
5 the amount thereof, and if he makes a false return of money received he Jf^l'll^i^a'
6 shall pay to them not more than fifty dollars. The trustees of the Boston isea' ire, § a.
7 Marine Society shall fix the compensation of the commissioners and their i87i,' shi, § 2.
8 allowance for office rent, clerk hire and incidental expenses, which shall n'sie. '
9 be paid out of the amounts so paid to the commissioners, and the surplus, f§ l;^^'
10 if any, shall be paid to said society.
G. L. (ed. of 1920) 103, §S 4. 5. 1923. 390. § 1.
1 Section 6. No person shall receive a commission or exercise the piiotstogive
2 office of pilot until he has given to the state treasurer a bond with two ms.^is, § 2.
3 sureties, approved by the commissioners, or a surety bond of a surety \lll\ ||' 1 1;
4 company authorized to transact business in the commonwealth, in the Jfgg' f49^5'',5
.') penal sum of one thousand dollars, conditioned on the faithful perform- R ^q^^^^ ''•
1206
PILOTS.
[Chap. 103.
1855, 421, § 3. ance of the duties of his office and the payment of all damages accruing 6
1862, 176, § 19; from his negligence, unskillfulness or unfaithfulness. 7
176, reg. 8. p j, ^g^ j ^-j q l. (ed. of 1920) 1923, 390, 5 1.
R. L. 67, § 14. 103, § 14. 136 Mass. 499.
Section 7. [Repealed, 1923, 390, § 1.]
Section 8. [Repealed, 1923, 390, § 1.]
Section 9. [Repealed, 1923, 390, § 1.]
Section 10. [Repealed, 1923, 390, § 1.]
Section 11. [Repealed, 1923, 390, § 1.]
Section 12. [Repealed, 1923, 390, § 1.]
[Repealed, 1923, 390, § 1.]
Section 14. [Repealed, 1923, 390, § 1.]
Discharge of
surety on bond
of pilot.
1835, 149, § 5.
E. S. 32, § 18.
1844, 168.
G. S. 52, § 9.
1862, 176, § 20.
P. S. 70, § 18.
R. L. 67, § 15.
1923, 390, § 2.
Section 15. A surety upon the bond of a pilot desiring to be dis- 1
charged from liability thereon shall give notice thereof to the commis- 2
sioners, and shall also give written notice to such pilot, which may be 3
served by a constable, and shall, with the return of the constable thereon, 4
be filed with the state treasurer, and at the expiration of thirty days 5
therefrom, the liability of such surety for the subsequent acts of said &
pilot shall cease. If a pilot so notified fails to furnish a new bond before 7
the expiration of said thirty days, his commission shall be void. 8
Pilots to give
new bond,
when.
1862. 176, § 21
176, reg. 2.
P. S. 70.
5§ 19, 20.
Section 16. A pilot, in case of the decease, insolvency or bankruptcy
of a surety upon his bond, shall give notice thereof to the commissioners.
In such a case, or whenever a pilot's bond appears to the commissioners
to be insufficient, he shall give a new bond.
R. L. 67, § 16. 1923, 390, § 3.
1
2
3
4
Lien of pilots
for their fees.
1796, 85, § 12.
G. S. 52, § 7.
1862, 176,
reg. 10.
1871,351, §3.
Section 17. A pilot shall have a lien for his pilotage fees upon the 1
hull and appurtenances of every vessel liable to him therefor under this 2
chapter for sixty days after the completion of his services; but the lien 3
shall not be enforced until appro\-ed by the commissioners. 4
p. S. 70, § 21. R. L. 67, § 17. 1923. 390, § 4.
Liability of Section 18. A pilot shall be liable for all damages accruing from his 1
pilots for i-Tci p'lpi rv
negligence, etc. negligence, unskiltulness or uniaithiulness. ^
1783, 13,
1796, 85,
R. S. 32,
8.
t 10.
11.
1855, 421, § 3.
G. S. 52, § S.
1862, 176, reg. 8.
P. S. 70, § 22.
R. L. 67, § 18.
S Pick. 23.
Pilots to ex-
hibit their
commissions.
Section 19. A pilot shall, if so required, exhibit his commission to 1
the master of any vessel of which he may take charge. 2
1783, 13, § 2.
1796, 85, § 5.
1802, 176, reg. 6.
P. S. 70, § 23.
R. L. 67, § 19.
5 -Met. 412.
chargVof'c"f- Section 20. A pilot taking charge of a vessel drawing more water
tain vessels than his commlssion authorizes shall be suspended or remoxcd.
suspended, etc. ^
1862, 176, reg. 7. P. S. 70, % 24. R. L. 07, I 20.
Chap. 103.] pilots. 1207
1 Section 21. Pilots shall first board such vessels, irrespective of size, Pibts to board
2 as may have signals set for a pilot. If there are no such signals to be showinK^ignai.
3 seen, jjilots shall otter their services to the first vessel which they can 1^^'}^'^'
4 board; and if a vessel liable to pilotage refuses to take a pilot, a pilot ut w. Vai'.
5 ottering his services shall inform the oHicers of such vessel that she will i'op^'A'G^^y.
6 be held to pay the regular fees for pilotage, whether such services are
7 accepted or not.
1 Section 22. A pilot boat, being on its station and displaying the what shall
2 signals required by law, shall constitute an otter of pilotage service, and oiier of piiot-
3 shall constitute on the part of the pilot such compliance with sections msTse'.l'a.
4 twenty-one and twenty-three as is necessary to entitle him to the regular
5 fees for pilotage from vessels otherwise liable therefor.
1 Section 23. Every inward bound vessel shall, except as provided in inwarf vessel
2 sections twenty-five and twenty-eight, receive the first pilot holding a pUo? o^Tering.
3 commission for her port of destination offering his services, and such §§2.'G.'io.
4 vessels shall, except as pro\ided in sections twenty-six and twenty- \l^] \l[ ^ *'
5 seven, be held to pay such pilot the regular fees for pilotage, whether his f^ ^; f|;
6 services are accepted or not.
1S41. 45, S 1. P. S. 70, § 26. 103 Mass. 237.
1847, 279. § 4. R. L. 67. § 22. 120 Mass. 3.
G S 52, § 6. 5 Met. 412. . 1 Op. A. G. 180.
1862, 176, reg. 4. 1 Gray, 257. 2 Op. A. G. 47.
1 Section 24. Every outward bound vessel, except vessels under three °"'*'"'f'^Jg*f(f'
2 hundred and fifty tons register bound out of the port of Boston and inward pUot.
3 whaling vessels outward bound from the port of New Bedford, which is nCreg. i.
4 liable to pilotage if inward bound, shall, whether the services of a pilot fss^i. 213^ ^^'
5 are accepted or not, be held to pay the regular fees to the pilot who f^^^- f]' ^ ^3.
6 brought her into port or to some other pilot of the same boat, if he 1^§^1^%^1^:
7 oft'ers his services before she gets under way ; or if such pilot does not so
8 otter, or if such vessel was not piloted into port, then to the pilot who first
9 oft'ers his services.
1 Section 2.5. Every pilot shall take charge, within the limits of his what vessels
2 commission, of any vessels, not exempt from compulsory pilotage by to take
3 section twenti'-eight, and of vessels not bound from one port to another iTssfis.'
4 within the commonwealth, unless they are in the completion of a voyage 1^^ |. lb?"'
5 from a port out of the commonwealth. " ''■ ^^■
1841, 45. § 1. 1862, 176, reg. 17. U. S. Rev. Sts.
1847,279,5 1. P. S. 70, § 29. §§4401,4444.
G. S. 52, § 5. R. L. 67, § 25. 4 Op. A. G. 365.
1 Section 26. Vessels of not more than two hundred tons burden, f?fj|f^jjff^^,f^
2 or vessels under three hundred and fifty tons register bound into the Jau fees^ ^
3 port of Boston, which decline the services of a pilot, shall, if otherwise g.^s.' 52, '§ is.'
4 liable under this chapter to the payment of pilotage fees, be liable to one Jf^.^is.^^'
5 half of the regular fees; but if they request and receive such services, 58s^4,2°52f f"'.
6 they shall pay the regular rates.
R. L. 67, § 26.
1 Section 27. If steam towage is taken bv the desire of the master, Fees of vessel
^ . 'Vi 11' • i?u taking steam
2 the vessel shall pay full pilotage fees; but if taken by direction ot the to^age^^
3 pilot in charge, such vessel shall pay to the pilot seventy-five per cent g. s.' 52, '1 17.'
4 of the regular fees.
1862, 176, reg. IS. P. S. 70, § 31. R. L. 67, 5 27.
1208
PILOTS.
[ClIAP. 103.
Exemption of
certain vessels
from compul-
sory pilotage.
1783, 13,
§§7,10.
1796, 85,
U 5, 9.
1819, 45.
1826, 88, § 8.
1829, 2, §§ 1, 4.
R. S. 32,
§§ 7, 24, 41.
1841, 45, § 1.
1847 279, § 4.
G. S. 52, § 5.
1862, 176,
regs. 3, 15-18.
1869, 236, § 2.
1871, 351, §3.
1873, 284, § 1.
P. S. 70,
§§ 28, 32, 33.
1884, 252,
§§ 1, 3-5.
Section 28. All coastwise steam vessels not sailing under register, 1
national vessels, vessels bound in or out of any port other than their 2
ports of departure and destination, vessels regularly employed in the 3
coasting trade, fishing vessels other than whalers, vessels of less than 4
seven feet draught of water, vessels otherwise liable to pilotage bound 5
into the harbor of Boston and arriving within a line drawn from Harding's 6
Ledge to the Graves and thence to Nahant Head before the services of a 7
pilot have been oft'ered, and vessels under three hundred and fifty tons 8
register bound out of the port of Boston, shall be exempt from compul- '9
sory payment of pilotage, but if any such vessel requests the aid of a 10
pilot, he shall, when permitted by the laws of the United States, serve the 11
same in like manner as vessels not exempt, and shall be entitled to the 12
regular compensation therefor, except as pro\ided in the preceding 13
section. 14
R. L. 67, §§ 24, 28, 29.
1915, 17.
U. S. Rev. Sts.
§§ 4400, 4444.
14 Mass. 17.
1 Grav, 257.
127 Mass. 98.
135 Mass. 347.
254 Mass. 190.
118 U. S. 90.
4 Op. A. G. 365
Section 29. [Repealed, 1923, 390, § 5.]
Additional fees SECTION 30. If a vcsscI is aucliored for twelve hours or more under 1
in case of .... . ,. i •! r*
detention. any regulation relative to quarantine or to alien passengers, the pilot 2
Lesj.!?:. '. .. in charge, upon piloting such vessel to her port of destination, shall be 3
entitled to an addition of twenty-five per cent to the regular fees. 4
p. S. 70,
R. L. 67
§ 35.
§31.
Rates of
pilotage.
1918, 56, § 1.
Section 31. Rates of pilotage outward and inward for the port of 1
Boston, calculated per foot of draught, shall be as follows: three dollars 2
for vessels not over five hundred tons; three dollars and fifty cents for 3
vessels over five hundred tons and not ON^er one thousand tons; four 4
dollars for vessels over one thousand tons and not o^-er fifteen hundred 5
tons; four dollars and fifty cents for vessels over fifteen hundred tons 6
and not over two thousand tons; five dollars for vessels over two thou- 7
sand tons. The tonnage herein specified shall mean the net registered S
tonnage. 9
Pay of pilot
when carried
to sea.
1862, 176,
reg. 14.
P. S. 70, § 36.
R. L. 67, § 32.
Section 32. If a pilot, without fault or negligence of his own or of
his associates, is unable to leave the vessel under his charge and is carried
to sea, he shall be entitled to five dollars for each day while necessarily
detained from home.
1918, 56. 5 3.
anchor" vessels Section 33. A pilot failing to anchor a vessel carrying alien passen- 1
with alien gppg or a vcsscl subject to quarantine at the place assigned by the proper 2
authorities shall be suspended or remo\ed. 3
1862, 176, reg. 11. P. S. 70, § 37. R. L. 67, § 33.
passengers
penalized.
be^'eerpUota SECTION 34. All Controversies between pilots relative to their mutual 1
ho^^'^fye''''' tights, privileges and duties shall be referred to and settled by three 2
reg. i2. ■ master pilots, to be chosen by the parties for the purpose. 3
p. S. 70, § 38. R. L. 07, I 34.
Section 35. No person unless he holds a commi.ssion as a pilot 1
Persons not
pilots forbidden - i i • j o
to act as such. sl,al|, if a Commissioned pilot offers his services or can be obtained 2
Penalty. ' i i • • -i • i l o
1796,85, 5§2,3. within a reasonable time, assume or continue to act as i)Uot m tlie charge 6
Chaps. 108, 104. j pilots, agents, consignees and factors.
1209
4 or conduct of any vessel within the waters of this commonweaitli, unless i829. 2.1, 5 1-
5 he is actually employed on such vessel for the voyage. ^Yhoever violates issV, 421, i a.
6 the provisions of this section shall be punished by a fine of not less than g.".'52,''§\o.'
7 twenty nor more than fifty dollars.
1852. 176. roE. 1.
P. b. 70, § 39.
1884. 252. § 6.
R. L. 67, § 35.
5 Met. 412.
234 Mass. 190.
CHAPTER 104.
AGENTS, CONSIGNEES AND FACTORS.
Sect.
1. Sales by consignees, etc.
2. Lien of consignee.
3. Same subject.
4. Lien for advances to consignee.
Sect.
5. Pledge by consignee to secure ante-
cedent debt.
6. EfTect of three preceding sections.
1 Section 1. A factor or other agent intrusted with the possession Saiesbycon-
2 of merchandise or of a bill of lading consigning merchandise to him with i.sil.'^igs, §2.
3 authority to sell the same .shall be deemed the true owner of such mer- p. f.li,' s 1.'
4 chandise, so far as to gi\-e validity to any bona fide contract of sale made ^5 ^J^y] Hi.
5 bv him.
11.5 .Mass. 224.
134 Mass. 156.
164 Mass. 276.
214 Mass. 217.
221 Mass. 62.
258 Mass. 548.
1 Section 2. X shipper in lawful possession of merchandise at the time Uenofcon-
2 of shipment and in whose name it is shipped for sale shall be deemed the i845,'i93. § 1.
'■i true owner thereof so far as to entitle the consignee to a lien thereon for p. f.n,' It
4 money advanced or for securities given to the shipper for or on account ^ ^ ®*' ^ ^'
.5 of such consignment, unless the consignee, at or before the time when
fi he made the advances or ga\-e the securities, had notice by the bill of
7 lading or otherwise that the shipper was not the actual and bona fide
8 owner.
1 Section 3. If a person intrusted with merchandise has authority same |uhject.
2 to sell or consign the same, a consignee to whom he consigns it shall have §§ i,'2.
3 a lien thereon for any money or merchandise advanced or for any negotia- p.s. 7i,'§'3.
4 ble security given by him on the faith of such consignment, to or for the 134 ii^a^k i.56.
5 use of the person in whose name the consignment or delivery was made, Yii lllll'. Uf.
6 and for any money, negotiable security or merchandise received for the ^ss Mass. 17.
7 use of such consignee by the person in whose name the consignment or
8 deli^'cry was made, if such consignee had, at the time of such advance or
9 receipt, probable cause to believe that the person in whose name the
10 merchandise was shipped, transmitted or delivered was the actual owner
11 thereof or had a legal interest therein to the amount of said lien.
1 Section 4. If a consignee or factor, having po.s.session of merchandise, Lien for ad-
2 or a bill of lading, permit, certificate or order for the deli\ery thereof, consignee.
3 with authority to sell said merchandise, deposits or pledges such mer- g. s.' 54,54. '
4 chandise or a part thereof or such document with any other person as r.l.b8, It.
5 security for money or merchandise advanced or for a negotiable instru- ^ Alien, 491.
6 ment given by him on the credit thereof, such other person, if he makes i34 Mass. 106.
1210
[CIL4.PS. 104, 105.
152 Mass. 189.
259 Mass. 302.
such loan, advance or exchange in good faith and with probable cause to 7
beheve that the agent making the deposit or pledge had authority so 8
to do and was not acting fraudulently against the owner of such mer- 9
chandise, shall, notwithstanding he has notice of such agency, acquire 10
the same interest in and authority over such merchandise and documents 11
as he would have acquired if the agent had been the actual owner thereof. 12
Pledge by
consignee to
secure ante-
cedent debt.
1849,216, H.
G. S. 54, § 5.
P. S. 71, 8 5.
R. L. 68, § o.
259 Mass. 302.
Section 5. If such merchandise or document is accepted in deposit
or pledge for an antecedent debt due from such consignee or factor, the
person receiving the same shall thereby acquire no other or further right
or interest in or authority over or lien upon the same than the consignee
or factor might have enforced against the actual owner.
Effect of three
preceding
sections.
1849,216, §5.
G. S. 64, §6.
P. S. 71, §6.
R. L. 68, § 6.
Section 6. The three preceding sections shall not affect the lien of 1
a consignee or factor for expenses and charges attending the shipment, 2
transportation and care of merchandise intrusted to him; nor prevent 3
the actual owner of merchandise from recovering it, previous to any 4
pledge thereof, from the consignee or factor or from his assignee in 5
case of his insolvency; nor prevent such owner from recovering any mer- G
chandise or document so deposited or pledged, on tender of the mone\' 7
and restoration of the negotiable security or property so ad\'anced to 8
such consignee or factor, and on tender of such further amount of money 9
and restoration of such negotiable in.strument or property advanced 10
or given by the consignee or factor to the owner, or upon tender of an 11
amount of money equal to the amount or value of such merchandise; nor 12
prevent him from recovering from a person with whom such merchandise lo
has been so deposited or pledged any balance of money remaining in his 14
hands as the proceeds of the sales thereof, after deducting the amount 15
or value of the money or negotiable security so advanced thereon. 16
CHAPTER 105
PUBLIC WAREHOUSES.
Sect.
public waeehousemen.
1. Public warehousemen to be licensed.
2. Penalty for failure to file bond, etc.
3. Action on bond.
4. Warehouseman to insure property,
when.
6. Warehouseman to keep books.
6. Publication of certain facts.
ISSUE OF WAREHOUSE RECEIPTS.
7. Certain terms defined.
8. Warehouseman to issue receipts.
9. Receipts to embody certain terms.
10. Certain other terms and conditions may
be inserted.
11. Non-negotiable receipt.
12. Negotiable receipt.
Sect.
13. DupUcate receipts.
14. Non-negotiable receipt
marked.
to be plainly
ODLIG.iTIONS ANn RIGHTS OF WAREHOUSE-
MEN UPON THEIR RECEIPTS.
Obligation of warehouseman to deliver.
Justification of warehouseman in de-
livering.
Liability for wrong delivery.
IS. Failure to cancel receipt on delivery of
goods.
19. On partial delivery.
20. Altered receipts.
21. Lost or destroyed receipts.
22. DupUcate receipts.
15.
16.
17,
23. Assertion of title by warehouseman.
Chap. 105.]
PUBLIC WAREHOUSES.
1211
Sect.
24. Claims of third per.'ions.
25. As defence for f.ailure to deliver.
26. Liability of warehousem.in for discrep-
ancies.
27. Liability for loss or injury.
2S. Goods must be kept separate.
29. Fungible goods may be mingled.
30. Liability for fungible goods.
31. Creditor's rights against negotiable re-
ceipts.
32. Warehouseman's lion, scope of.
33. Application of lien.
34. Loss of lien.
35. Additional charges for which lien is
claimed.
36. Satisfaction of lien a condition of de-
livery.
37. Lien not to exclude other remedies.
3S. Enforcement of lien.
39. Perishable and hazardous goods.
40. Other methods of enforcing lien avail-
able.
41. Effect of sale on liability to deliver.
NEGOTIATION AND TRANSFER OF RECEIPTS.
42. Negotiation.
43. Same subject.
44. Same subject.
45. By whom negotiable.
46. Title of endorsee.
47. Title of transferee.
48. Transferee's right to an endorsement.
49. Warranties of endorser or transferor.
50. Not liable for certain defaults.
61. Holder for security not a warrantor in
certain cases.
Sect.
52. VaUdity of negotiation not affected by-
certain facts.
53. Subsequent negotiation by one retain-
ing possession of receipt.
54. Vendor's lien subject to rights of en-
dorsee.
PENALTIES.
55. Penalty for issue of receipt for goods not
received.
50. Penalty for issue of receipt containing
false statement.
57. Penalty for issue of duplicate receipts
not so marked.
58. Penalty for issue of warehouseman's
goods receipts which do not state the
fact of ownership.
59. Penalty for deUvery of goods with
negotiable receipt outstanding.
60. Penalty for negotiation of receipt for
mortgaged goods.
61. Penalty for fraudulent negotiation or
transfer of receipt.
62. Penalty for selling, etc., property de-
posited.
63. Penalty for forging, etc., warehouse re-
ceipt, etc.
64. Penalty for disposing of receipt after
attachment, etc.
INTERPRETATION.
65. Rules of law and equity to govern cases
not provided for in this chapter.
66. Warehouse receipts act. Interpreta-
tion.
PUBLIC WAREHOUSEMEN.
Public
1 Section 1. The governor, with the advice and consent of the coun-
2 cil, may Heense suitable persons, or corporations estabHshed under the loX^i^nS
3 laws of, and having their places of business within, the commonwealth, Iff; ff "•
4 to be public warehousemen. Such warehousemen may keep and main- js^g, io4.
5 tain public warehouses for the storage of goods, wares and merchandise, f^f^^.^g
6 They shall give bond to the state treasurer for the faithful performance ifS'^^ji
7 of their duties in an amount and with sureties approved by the governor, 2.38 Mass. 577.
8 and may appoint one or more deputies, for whose acts they shall be '"
9 responsible. A railroad corporation licensed as a public warehouseman
10 shall not be required as such to receive any property except such as has
11 been or is forthwith to be transported over its road or to give sureties
12 on its bond.
1 Section 2. Whoever keeps and maintains a public warehouse for the P'jj'^'ty '"^^
2 storage of goods, wares and merchandise without procuring a license and b|nd. etc.
3 giving a bond, as provided in the preceding section, shall be punished
4 by a fine of not more than one thousand dollars, and may be enjoined by
5 tiie supreme judicial court from maintaining such a public warehouse,
6 upon an information in equity brought by the attorney general at the
7 relation of any person.
1212
PUBLIC WAREHOUSES.
[Chap. 105.
Action on
bond.
1860, 206, § 2.
1873, 210, § 1.
P. S. 72, § 3.
Pv. L. 69, § 2.
238 Mass. 577.
250 Mass. 449.
259 Mass. 310.
262 Mass. 588.
Section 3. Whoever is injured by the failure of a licensed ware-
houseman to perform his duty or by his violation of any provision of this
chapter may bring an action for his own benefit, in the name of the com-
monwealth, on the bond of such warehouseman. The writ shall be
endorsed by the person in whose behalf such action is brought, or by
some other person satisfactory to the court; and the endorser shall be
liable to the defendant for any costs which he may recover in such action,
but the commonwealth shall not be liable for any costs.
Warehouse-
man to insure
property.
1S60, 206,
1879, 104.
P. S. 72, § 4.
3.
Warehouse-
man to keep
books.
1860, 206, § G.
1878, 93, § 5.
1879, 104.
P. S. 72, § 8.
1887, 277, 5 3.
1895, 348, § I.
R. L. 69, § 7.
Section 4. A licensed warehouseman shall, upon written request by
a party placing property with him on storage, cause such property to
be insured for whom it may concern. A railroad corporation acting as
warehouseman may itself be the insurer.
R. L. 69, § 3.
Section 5. Such warehouseman shall keep books in which shall be
entered an account of all his transactions relative to the storing and in-
suring of goods, wares and merchandise, to the issuing of receipts there-
for and to the disposition of proceeds of sales thereof under this chajDter.
Such books shall be open to the inspection of any person interested in the
property to which the entries relate.
1
2
o
4
5
6
PubUcation of
certain facts.
1860, 206, § 7.
P. S. 72, § 9.
R. L. 69, § 8.
Section 6. The state secretary shall, at the expense of each ware- 1
houseman, give notice of his license and qualification, of the amount of 2
the bond given by him and also of the discontinuance of his license by 3
publishing the same for not less than ten days in one or more newspapers, 4
if any, published in the county or town where the warehouse is located; 5
otherwise, in one or more newspapers published in Boston. 6
Certain terms
defined.
1907, 582, § 1.
ISSUE OF WAREHOUSE RECEIPTS.
Section 7. (1) The following words as used in this chapter, unless 1
the context otherwise requires, shall have the following meanings: 2
"Action" includes counter-claim, set-off and suit in equity. 3
"I)eli\ery", voluntary transfer of possession from one person to 4
another. 5
"Fungible goods", goods of which any unit is, from its nature or by (5
mercantile custom, treated as the equivalent of any other unit. ~
"Goods", chattels or merchandise in storage, or which have been or S
are about to be stored. 9
"Holder" of a receipt, a person who has both actual possession of 10
such receipt and a right of property therein. 1 1
"Order", an order by endorsement on the receipt. 12
"Owner" does not include mortgagee or pledgee. 13
"Person" includes a corporation, or partnership, or two or more per- 14
sons having a joint or common interest. 15
"To purchase" includes to take as mortgagee or as pledgee. 16
"Purchaser" includes mortgagee and pledgee. 17
"Receipt", a warehouse receipt. 18
"Value", any consideration sufficient to support a simple contract. 19
An antecedent or pre-existing obligation, whetlier for money or not, 20
constitutes value where a receipt is taken either in satisfaction thereof 21
or as security therefor. 22
Chap. 105.] public warehouses. 1213
23 "Public warehouse", any building, or part thereof, kept anil main- mis, os
24 tained for the storage of goods, wares and merchandise as a business.
Op. A. G. (1917) 1.
25 "Warehouseman" or "public warehouseman", a person, corporation, 1915, os.
26 partnership, association or trustees keeping and maintaining a pul)lic [m?) i.'
27 warehouse.
28 (2) A thing is done "in good faith" when it is in fact done honestly,
29 whether or not done negligently.
1 Section S. Every warehouseman shall give to each person deposit- warehouse-
2 ing property with him for storage a receipt therefor which shall conform receipts.
3 to the following section.
1860. 206, § i. P. S. 72, § .■>. 1907, 5S2, § 2. 1919, 5.
187.S, 93, 1886, 258. 1918, 257, 1920, 2.
§§ 2, 5. R. L. G9, § 4. § 270.
1 Section 9. Warehouse receipts need not be in any particular form, Receipts to
2 but every such receipt shall embody within its written or printed terms — terms.
3 (a) The location of the warehouse wherein the goods are stored ; i878! 93,''
4 (b) The date of issue; p?l.'72, §5.
5 (c) The consecutive number; a^Leo^M.
G (f/) A statement whether the goods received will be delivered to the '^o^, 582, § 3.
7 bearer, to a specified person, or to a specified person or his order;
8 (e) The rate of storage charges;
9 (/) A description of the goods or of the packages containing them ;
10 ig) The signature of the warehouseman, which may be made by his
11 authorized agent;
12 (li) If the receipt is issued for goods of which the warehouseman is
13 owner, either solely or jointly or in common with others, the fact of such
14 ownership; and
15 (0 A statement of the amount of advances made and of liabilities
IG incurred for which the warehouseman claims a lien. If the precise amount
17 of such advances made or of such liabilities incurred is, at the time of the
18 issue of the receipt, unknown to the warehouseman or to his agent who
19 issues it, a statement of the fact that advances have been made or liabili-
20 ties incurred and the purpose thereof will be sufficient.
21 A warehouseman shall be liable to any person injured thereby for all
22 damage caused by the omission from a negotiable receipt of any pro\'i-
23
sion required by this section.
1 Section 10. A warehouseman may insert in a receipt, issued by him certain other
2 any other terms and conditions, pro\"ided that they shall not — (Sions^may^be
3 (a) Be contrary to any provision of this chapter, or 'i'907,'582, § 4.
4 (b) In any wise impair his obligation to exercise at least that degree
5 of care in the safe keeping of the goods intrusted to him which a reason-
G ably careful man would exercise relative to similar goods of his own.
1 Section 11. A receipt stating that the goods will be delivered to the Non-ncgotiaWe
2 depositor, or to any other specified person, is a non-negotiable receipt. i9o"7r582, § 5.
1 Section 12. A receipt stating that the goods received will be deliv- Necotiabie
2 ered to the bearer, or to the order of an^- person named in such receipt, i907r582, § 6.
3 is a negotiable receipt.
4 Any provision in such a receipt stating that it is non-negotiable shall
5 be void.
1214
PUBLIC WAREHOUSES.
[Chap. 105.
Duplicate
receipts.
Section 13. When more than one negotiable receipt is issued for the
1907'. 582, §7. same goods, the word "dupHcate" shall be plainly placed upon the face
of every such receipt except the one first issued. A warehouseman shall
be liable for all damage caused by his failure so to do to any one who pur-
chased the subsequent receipt for value, supposing it to be an original,
even though the purchase be after the delivery of the goods by the ware-
houseman to the holder of the original receipt.
Non-negotiable SECTION 14. A non-ncgotiablc receipt shall have plainly placed upon
receipttobe ^ " ••*•,<< i- ui " "' j.
plainly marked, jtg face by the Warehouseman issuing it non-negotiable , or not
1907.582, 8. jjggQ(.j^jj|g_" j,j (.^se of the warehouseman's failure so to do, a holder
of the receipt who purchased it for value, supposing it to be negotia-
ble, may, at his option, treat it as imposing upon the warehouseman
the same liabilities which he would have incurred had the receipt been
negotiable.
OBLIGATIONS AND RIGHTS OF WAREHOUSEMEN UPON THEIR RECEIPTS.
Obligation of
warehouseman
to deliver.
1907, 582, 5 9.
249 Mass. 492.
Section 15. A warehouseman, in the absence of a lawful excuse
provided by this chapter, is bound to deliver the goods upon a demand
made either by the holder of a receipt for the goods or by the depositor,
if such demand is accompanied by —
(a) An offer to satisfy the warehouseman's lien;
lb) An offer to surrender properly endorsed the receipt, if negotiable;
and
(c) A readiness and willingness to sign, when the goods are delivered,
an acknowledgment that they have been delivered, if such signature is
requested by the warehouseman.
If the warehouseman refuses or fails to deliver the goods in compliance
with a demand by the holder or depositor so accompanied, the burden 12
shall be upon the warehouseman to establish the existence of a lawful 13
excuse for such refusal or failure. 14
9
10
11
Justification
of warehouse-
man in de-
livering.
1907, 582, § 10.
Section 16. A warehouseman is justified, subject to the three fol-
lowing sections, in delivering the goods to one who is —
(a) The person lawfully entitled to their possession, or his agent;
(b) A person either himself entitled to delivery by the terms of a
non-negotiable receipt issued for the goods, or who has written authority
from the person so entitled either endorsed upon the receipt or written
upon another paper; or
(c) A person in possession of a negotiable receipt by the terms of
which the goods are deliverable to him or order or to bearer, or \yhich
has been endorsed to him or in blank by the person to whom deli\'ery
was promised by the terms of the receipt or by his mediate or immediate 11
endorsee. 12
o
4
5
6
7
8
9
10
LiabiUty for SECTION 17. If a warehouseman delivers the goods to one not in fact
r907,^582!'rn: lawfully entitled to their possession, the warehouseman shall be liable as
for conversion to all having a right of property or possession in the goods
if he delivered them otherwise than as authorized by jiaragraph (/;) or
(c) of the preceding section, and though he delivered the gootls as au-
thorized by either of said paragraphs, he shall so be liable if prior to such
delivery he had —
Chap. 105.] public warehouses. 1215
8 (a) Been requested, by or on behalf of the person lawfully entitled to
9 a right of property or possession in the goods, not to make such delivery;
10 or
11 (6) Had information that the delivery about to be made was to one
12 not lawfully entitled to their possession.
1 Section 18. Except as provided in section thirty-nine and except Failure to _
2 when compelled by legal process, when a warehouseman delivers goods on delivery
3 for which he had issued a negotiable receipt, the negotiation of which iao7',°582, § 12.
4 would transfer the right to the possession of the goods, and fails to take
5 up and cancel the receipt, he shall be liable to any one who purchases
6 for value in good faith such receipt, for failure to deliver the goods to
7 him, whether such purchaser acquired title to the receipt before or after
8 the delivery of the goods by the warehouseman and notwithstanding
9 deli\'ery was made to the person entitled thereto.
1 Section 19. Except as provided in section thirty-nine and except ^g'jjP'"'''*'
2 when compelled by legal process, if a warehouseman delivers part of the 1907, 582, 5 13.
3 goods for which he had issued a negotiable receipt and fails either to
4 take up and cancel such receipt, or to place plainly upon it a statement
5 of what goods or packages have been delivered, he shall be liable to any
6 one who purchases for value in good faith such receipt, for failure to
7 deliver all the goods specified in the receipt, whether such purchaser
8 acquired title to the receipt before or after the delivery of any portion
9 of the goods by the warehouseman.
1 Section 20. The alteration of a receipt shall not excuse the ware- Altered
2 houseman who issued it from any liability if such alteration was — 1907? 532, 5 1*-
3 (a) Immaterial ;
4 (6) Authorized; or
5 (c) Made without fraudulent intent.
6 If authorized, the warehouseman shall be liable according to the terms
7 of the receipt as altered. If unauthorized, but made without fraudulent
8 intent, the warehouseman shall be liable according to the terms of the
9 receipt before alteration.
10 Material and fraudulent alteration of a receipt shall not excuse the
11 warehouseman who issued it from liability to deliver, according to the
12 terms of the receipt as originally issued, the goods for which it was issued,
13 but shall excuse him from any other liability to the person who made the
14 alteration and to any person who took with notice thereof. Any pur-
15 chaser of the receipt for value without notice of the alteration shall ac-
16 quire the same rights against the warehouseman which such purchaser
17 would have acquired if the receipt had not been altered at the time of
18 the purchase.
1 Section 21. If a negotiable receipt has been lost or destroyed, a Lost or
2 court of competent jurisdiction may order the delivery of the goods upon re^ceipts.
3 satisfactory proof of such loss or destruction, and upon the giving of a ' '
4 bond with sufficient sureties to be approved by the court to protect the
5 warehouseman from any liability or expense which he or any person
6 injured by such delivery may incur by reason of the original receipt re-
7 maining outstanding. The court may also in its discretion order the
8 payment of the warehouseman's reasonable costs and counsel fees.
1216
PUBLIC WAREHOUSES.
[Chap. 105.
The delivery of the goods under such an order of the court shall not 9
relieve the warehouseman from liability to a person to whom the nego- 10
tiable receipt has been or may be negotiated for value, without notice 11
of the proceedings or of the delivery of the goods. 12
Duplicate SECTION 22. A receipt upon the facc of which the word "duplicate" 1
1907!' 582, § 16. is plainly placed is a representation and warranty by the warehouseman 2
that such receipt is an accurate copy of an original receipt properly 3
issued and uncancelled at the date of the issue of the duplicate, but shall 4
impose upon him no other liability. o
Section 2.3. No title or right to the possession of the goods, on the 1
part of the warehouseman, unless such title or right is derived directly 2
or indirectly from a transfer made by the depositor at the time of or sub- 3
sequent to the deposit for storage, or from the warehouseman's lien, shall 4
excuse the warehouseman from liability for refusing to deliver the goods 5
according to the terms of the receipt. 6
Assertion
of title by
warehouseman.
1907, 582, § 17.
Claims of
third persons.
1907, 582, § 19.
207 Mass. 407.
As defence for
failure to
deliver.
1907, 582, § 20.
Section 24. If another than the depositor or person claiming under
him has a claim to the title or possession of the goods, and the ware-
houseman has information of such claim, he shall be excused from liabil-
ity for refusing to deliver them, either to the depositor or person claim-
ing under him or to the adverse claimant, until he has had a reasonable
time to ascertain the validity of the adverse claim, or to bring legal pro-
ceedings to compel all claimants to interplead.
Section 25. Except as provided in the preceding section and in
sections sixteen and forty-one of this chapter and section forty-one of
chapter two hundred and thirty-one, no right or title of a third person,
unless enforced by legal process, shall be a defence to an action brought
by the depositor or person claiming under him against the warehouseman
for failure to deliver the goods according to the terms of the receipt.
Liability of
warehouseman
for discrep-
ancies.
1907, 582, § 21.
218 Mass. 518.
re-
Section 26. A warehouseman shall be liable to the holder of a
ceipt for damages caused Ijy the non-existence of the goods, or by their
failure to correspond with the description thereof in the receipt at the
time of its issue. If, however, the goods are described in a receipt merely
by a statement of marks or labels upon them, or upon packages contain-
ing them, or by a statement that the goods are said to be goods of a certain
kind, or that packages containing them are said to contain goods of a
certain kind, or by words of like purport, such statements, if true, shall
not render the warehouseman issuing the receipt liable, although the
goods are not of the kind which the marks or labels upon them indicate. 10
or of the kind they were said to be by the depositor. 1 1
Liability for
loss or injury.
1907, 582, § 23.
220 Mass. 397.
249 Mass. 492.
250 Mass. 449.
Section 27. A warehouseman shall be liable for any loss or injury to
the goods caused by his failure to exercise such care in regard to them as
a reasonably careful owner of similar goods would exercise; but not, in
the absence of an agreement to tiie contrary, for any loss or injury to the
goods which could not have been avoided by the exercise of such care.
Goods must be SECTION 28. Exccpt as provided in the following section, a ware- 1
kept separate. ^ * , tPxIJO
1907. 582, § 23. houseman shall keep the goods so far separate trom goods oi other de- Z
positors, and from other goods of the same depositor for which a separate 3
Chap. 105.] public warehouses. 1217
4 receipt has been issued, as to permit at all times their identification and
5 re-delivery.
1 Section 29. If authorized by agreement or by custom, a warehouse- FunKibie
2 man may mingle fungible goods. In such case the various depositors of minltcd'."^ "
3 the mingled goods shall own the entire mass in common, and each depos- Wi'72'ir
4 itor shall be entitled to such proportion thereof as the amount deposited fg^^- Hz^in-
5 by him bears to the whole.
1 Section 30. The warehouseman shall be liable severally to each Liability for
2 depositor for the care and re-delivery of his share of such mass to the i907',5l2T§25.
3 same extent and under the same circumstances as if the goods had been
4 kept separate.
1 Section 31. A creditor whose debtor is the owner of a negotiable CredUor's,
2 receipt shall be entitled to such aid from courts of appropriate jurisdic- neeatmUe'^^
3 tion, by injunction and otherwise, in attaching such receipt or in satisfy- ;907!'582, § 27.
4 ing the claim by means thereof as is allowed at law or in equity, in regard ^ai Mass. 477.
5 to property which cannot readily be attached or levied upon by ordinary
6 legal process.
1 Section 32. Subject to section thirty-four, a warehousenian shall ^^n's'^iienr
2 have a lien on goods deposited or on the proceeds thereof in his hands, \1°p{^ g^,, § 28.
3 for all lawful charges for their storage and preservation; also for all law- 216 Mass! 367.
4 ful claims for money advanced, interest, insurance, transportation, labor,
5 weighing, coopering and other charges and expenses in relation thereto;
6 also for all reasonable charges and expenses for notice, and advertise-
7 ments of sale, and for sale thereof where default has been made in satis-
8 fying his lien.
1 Section 33. Subject to the provisions of the following section, such Application
2 a lien may be enforced — Mhl^^' le?
3 (a) Against all goods, whenever deposited, belonging to the person who " ' '^''■
4 is liable as debtor for the claims to secure which the lien is asserted; and
5 (5) Against all goods belonging to others which have been deposited
6 at any time by the person who is liable as debtor for the claims to secure
7 which the lien is asserted, if such person had been so intrusted with the
8 possession of the goods that a pledge of the same by him at the time of
9 the deposit to one who took the goods in good faith for value would have
10 been valid.
1 Section 34. A warehouseman loses his lien — ^907,°i8^!"5 30.
2 (a) By surrendering possession; or
3 (6) By refusing to deliver the goods when a demand is made with
4 which he is bound to comply under this chapter.
1 Section 35. If a negotiable receipt is issued for goods, the ware- Additional^
2 houseman shall have no lien thereon, except for charges for storage and whSenis
3 preservation of those goods subsequent to the date of the receipt, unless 59''o7,"582. § 31.
4 the receipt expressly enumerates other charges for which a lien is claimed.
5 In such case there shall be a lien for the charges enumerated, so far as
6 they are within the terms of section thirty-two although the amount
7 of the charges so enumerated is not stated in the receipt.
1218
PUBLIC WAREHOUSES.
[Chap. 105.
oniln*acon- SECTION 36. A Warehouseman having a lien valid against the person 1
deHwry' demanding the goods may refuse to deliver them to him until the lien is 2
1907, 582, § 32. satisfied. * 3
273 Mass. 293.
Lien not to
exclude other
remedies.
1907, 582, § 33.
245 Mass. 267.
Enforcement
of lien.
1887, 277,
§§ 1-3.
1895, 348, § 6.
R. L. 69,
§§ 11-13.
1907, 582, 5 34.
Section 37. Whether a warehouseman has a lien upon the goods or 1
not, he is entitled to all remedies allowed by law to a creditor against his 2
debtor, for the collection from the depositor of all charges and advances 3
which the depositor has expressly or impliedly contracted with the ware- 4
houseman to pay. 5
Section 38. A warehouseman's lien for a claim which has become 1
due may be satisfied as follows: 2
He shall give a written notice to the person on whose account the goods 3
are held, and to any other person known by him to claim an interest in 4
the goods by delivery in hand or by registered letter addressed to the 5
last known place of business or abode of the person to be notified. The 6
notice shall contain — 7
(rt) An itemized statement of the warehouseman's claim, showing the 8
sum due at the time of the notice and the date when it became due; 9
(6) A brief description of the goods against which the lien exists; 10
(c) A demand that the amount of the claim as stated in the notice, and 11
of such further claim as shall accrue, shall be paid on or before a day 12
mentioned, not less than ten days after the delivery of the notice if it is 13
personally delivered, or after the time when the notice should reach its 14
destination, according to the due course of post, if the notice is sent by 15
mail; and 16
{d) A statement that unless the claim is paid within the time specified 17
the goods will be advertised for sale and sold by auction at a specified 18
time and place. 19
In accordance with the terms of a notice so given, a sale of the goods 20
by auction may be had to satisfy any valid claim of the warehouseman 21
for which he has a lien. The sale shall be had in the place where the lien 22
was acquired, or, if such place is manifestly unsuitable, at the nearest 23
suitable place. After the time for the payment of the claim specified in 24
the notice to the depositor has elapsed, an advertisement of the sale, 25
describing the goods to be sold, and stating the name of the owner or 26
person on whose account the goods are held and the time and place of 27
the sale, shall be published once a week for two consecuti\'e weeks in a 28
newspaper published in the place where such sale is to be held. The sale 29
shall be held not less than fifteen days after the time of the first publica- 30
tion. If there is no newspaper published in such place, the advertisement 31
shall be posted at least ten days before such sale in not less than six 32
conspicuous places therein. 33
From the proceeds of such sale the warehouseman shall satisfy his 34
lien, including the reasonable charges of notice, advertisement and sale. 35
The balance, if any, of such proceeds shall be held by the warehouseman, 36
and delivered on demand to the person to whom he would have been 37
bound to deliver or justified in delivering the goods. 38
At any time before the goods are so sold, any person claiming a right 39
of property or possession therein may pay the warehouseman the amount 40
necessary to satisfy his lien and to pay the reasonable expenses and lia- 41
bilities incurred in serving notices and advertising and preparing for the 42
sale up to the time of such payment. The warehouseman shall deliver 43
Chap. 105.] public warehouses. 1219
44 the goods to the person making such payment, if he is a person entitled,
45 under this chapter, to their possession on payment of charges thereon;
46 otherwise, the warehouseman shall retain possession of the goods accord-
47 ing to the terms of the original contract of deposit.
1 Section 39. If goods are perishable, or by keeping will deteriorate Perishable
2 greatly in value, or by their odor, leakage, inflammability or explosive goods!'^'"^''™^
3 nature will be likely to injure other property, the warehouseman may j*'!!;!''*'
4 give such notice to the owner, or to the person in whose name the goods f^Q^ ||^ ^,"35
5 are stored, as is reasonable and possible under the circumstances, to sat-
6 isfy the lien upon such goods and to remove them from the warehouse;
7 and in the event of the failure of such person to satisfy the lien and to
8 remove the goods within the time so specified, the warehouseman may
9 sell the goods at public or private sale without advertising. If after a
10 reasonable effort he is unable to sell such goods, he may dispose of them
11 in any lawful manner, and shall incur no liability by reason thereof.
12 The proceeds of any sale made under this section shall be disposed
13 of in the same way as the proceeds of sales made under the preceding
14 section.
1 Section 40. The remedy for enforcing a lien herein provided shall of'e,"o™f„''°''''
2 not preclude any other remedies allowed by law for the enforcement of lien available.
3 a lien against personal property, nor bar the right to recover so much r. l.' 69, § 10.'
4 of the warehouseman's claim as shall not be satisfied from the proceeds
5 of the sale of the property.
1 Section 41. After goods have been lawfully sold to satisfy a ware- Effect of sale
2 houseman's lien, or have been lawfully sold or disposed of because of todeii'vef"^
3 their perishable or hazardous nature, the warehouseman shall not there- i9''^'582, §37.
4 after be liable for failure to deliver the goods to their depositor or owner,
5 or to a holder of the receipt given for them when they were deposited,
6 even if such receipt is negotiable.
negotiation and transfer of receipts.
1 Section 42. A negotiable receipt may be negotiated by delivery — Negotiation.
2 (a) If, by its terms, the warehouseman undertakes to deliver the ^^^' ^*^' * ^*
3 goods to the bearer; or
4 (6) If, by its terms, the warehouseman undertakes to deliver the
5 goods to the order of a specified person, and such person or a subsequent
6 endorsee of the receipt has endorsed it in blank or to bearer.
7 If, by the terms of a negotiable receipt, the goods are deliverable to
8 bearer, or if a negotiable receipt has been endorsed in blank or to bearer,
9 any holder may endorse the same to himself or to any other specified
10 person; and in such case the receipt shall thereafter be negotiated only
1 1 by the endorsement of such endorsee.
1 Section 43. A negotiable receipt may be negotiated by the endorse- same subject.
2 ment of the person to whose order the goods are, by its terms, deliverable. '^°''' ^*^' ^ ^^'
3 Such endorsement may be in blank, to bearer or to a specified person. If
4 endorsed to a specified person, it may be again negotiated by the endorse-
5 ment of such person in blank, to bearer or to another specified person.
6 Subsequent negotiation may be made in like manner.
1220
PUBLIC WAREHOUSES.
[Chap. 105.
Same subject.
1907, 582, § 40,
By whom
negotiable.
1907, 682, § 41.
1918, 257,
§271.
1919, 3.
1920, 2.
Section 44. A receipt which is not in such form that it can be
negotiated by dehvery may be transferred by the holder by deHvery to
a purchaser or donee.
A non-negotiable receipt may not be negotiated, and the endorsement
of such a receipt gives the transferee no additional right.
Section 4,5. A negotiable receipt may be negotiated by any person
in possession of the same, however such possession may have been
acquired if, by its terms, the warehouseman undertakes to deliver the
goods to the order of such person, or if at the time of the negotiation the
receipt is in such form that it may be negotiated by delivery.
^ndorsce SECTION 46. A pcrson to whom a negotiable receipt has been duly
1907 582, § 42. negotiated acquires thereby —
250 Mass: 543. (a) Such title to the goods as the person negotiating the receipt to him
had or had ability to convey to a purchaser in good faith for value, and
also such title to the goods as the depositor or person to whose order the
goods were to be delivered by the terms of the receipt had or had ability
to convey to a purchaser in good faith for value; and
(6) The direct obligation of the warehouseman to hold possession of
the goods for him according to the terms of the receipt as fully as if the
warehouseman had contracted directly with him.
1
2
3
4
5
G
7
8
9
10
Title of
transferee.
1860, 206,
1873, 210,
1878, 93, §
P. S. 72, S
1886, 258.
R. L. 69, §
1907, 582,
135 Mass.
234 Mass.
§4.
§2.
1.
i6.
5.
§43.
1.
477.
Transferee's
right to an
endorsement.
1907, 682, § 44.
1918, 257,
§272.
1919, 5.
1920, 2.
Warranties
of endorser or
transferor.
1907, 582, 5 45.
Section 47. A person to whom a receipt has been transferred, but
not negotiated, acquires thereby, as agamst the transferor, the title to the
goods, subject to the terms of any agreement with the transferor.
If the receipt is non-negotiable, such person also acquires the right
to notify the warehouseman of the transfer, and thereby to acquire the
direct obligation of the warehouseman to hold possession of the goods for
him according to the terms of the receipt.
Prior to the notification of the warehouseman by the transferor or 8
transferee of a non-negotiable receipt, the title of the transferee to the 9
goods and the right to acquire the obligation of the warehouseman may 10
be defeated by attachment by trustee process or otherwise or by execu- 11
tion upon the goods by a creditor of the transferor, or by a notification 12
to the warehouseman by the transferor or a subsequent purchaser from 13
him of a subsequent sale of the goods by him. 14
Section 48. If a negotiable receipt is transferred for value by deliv-
ery, and the endorsement of the transferor is essential for negotiation, the
transferee acquires a right against the transferor to compel him to endorse
the receipt, unless a contrary intention appears. The negotiation shall
take effect as of the time when the endorsement is actually made. This
obligation may be specifically enforced.
Section 49. A person who for value negotiates or transfers a receipt
by endorsement or delivery, including one who assigns for value a claim
secured by a receipt, unless a contrary intention appears, warrants —
(a) That the receipt is genuine;
(i*) That he has a legal right to negotiate or transfer it;
(c) That he has knowledge of no fact which would impair the validity
or worth of the receipt; and
(rf) That he has a right to transfer the title to the goods, and that
they are merchantable or fit for a particular purpose whenever such
Chap. 105.] public warehouses. 1221
10 warranties would have been implied, if the contract of the parties had
11 been to transfer without a receipt the goods represented thereby.
1 Section 50. The endorsement of a receipt shall not make the en- NotUaWo
2 dorser liable for any failure on the part of the warehouseman or pre- dffaijts'""
3 vious endorsers of the receipt to fulfil their respective obligations. '^°''' ^^^' ' *^^
1 Section 51. A mortgagee, pledgee or holder for security of a receipt, Holder for
2 who in good faith demands or receives payment of the debt for which such wa^raiuoHn*
3 receipt is security, whether from a party to a draft drawn for such debt igof.'ssarH?.
4 or from any other person, shall not by so doing be deemed to represent or
5 to warrant the genuineness of such receipt, or the quantity or quality of
6 the goods therein described.
1 Section 52. The validity of the negotiation of a receipt is not im- validity of
2 paired by the fact that such negotiation was a breach of duty on the affected by
3 part of the person making the negotiation, or that the owner of the re- i907,'582rr48
4 ceipt was induced by fraud, mistake or duress to intrust its possession
5 or custody to such person, if the person to whom the receipt was negoti-
6 ated, or a person to whom the receipt was subsequently negotiated, paid
7 value therefor, without notice of the breach of duty, or fraud, mistake
8 or duress.
1 Section 53. If a person having sold, mortgaged or pledged goods subsequent
2 which are in a warehouse, for which a negotiable receipt has been issued, onrretain"ng^
3 or having sold, mortgaged or pledged the negotiable receipt representing f°oeTpt'°° °'
4 such goods, continues in possession of the negotiable receipt, the sub- i^o^- ^^^' 5 49-
5 sequent negotiation thereof by that person under any sale or other dis-
6 position thereof to any person receiving it in good faith, for value, and
7 without notice of the previous sale, mortgage or pledge, shall have the
8 same effect as if the first purchaser of the goods or receipt had expressly
9 authorized the subsequent negotiation.
1 Section 54. If a negotiable receipt has been issued for goods, no vendor's lien
2 seller's lien or right of stoppage in transit shall defeat the rights of any rSiu'^of'^"
3 purchaser for value in good faith to whom such receipt has been negoti- igo^.Tsj, § 50.
4 ated, whether such negotiation is prior or subsequent to the notification aloVa^'wl^'
5 to the warehouseman who issued such receipt of the seller's claim to a
6 lien or right of stoppage in transit. Nor shall the warehouseman be
7 obliged to deliver or be justified in delivering the goods to an unpaid
8 seller unless the receipt is first surrendered for cancellation.
penalties.
1 Section 55. A warehouseman, or any officer, agent or servant of a Penalty for
2 warehouseman, who issues or aids in issuing a receipt, knowing that the tor"|o''od"noT
3 goods for which such receipt is issued ha\-e not been actually received \fm'^''^2. 5 51.
4 by such warehouseman, or are not under his actual control at the time }^}|| m-
5 of issuing such receipt, shall be punished by a fine of not more than five L^.^^-j
6 thousand dollars or by imprisonment in the state prison for not more 1920! 2.
7 than five years, or in a jail or house of correction for not more than two
8 and one half years, or both.
1222
PUBLIC WAREHOUSES.
[Chap. 105.
Penalty
for issue of
receipt con-
taining false
statement.
1907, 582. § 52.
Section 56. A warehouseman, or any officer, agent or servant of a 1
warehouseman, who fraudulently issues or aids in fraudulently issuing 2
a receipt for goods, knowing that it contains any false statement, shall 3
be punished by a fine of not more than one thousand dollars or by im- 4
prisonment for not more than one year, or both. 5
Penalty for SECTION 57. A Warehouseman, or anv officer, agent or servant of a 1
issue of dupli- . .,..•. II- 1 1- • 1 r>
cate receipts Warehouseman, who issues or aids m issuing a duplicate or additional 2
1907. 582, § 53! negotiable receipt for goods, knowing that a former negotiable receipt 3
for the same goods or any part of them is outstanding and uncancelled, 4
without plainly placing upon the face thereof the word "Duplicate", 5
except in the case of a lost or destroyed receipt after proceedings as pro- 6
vided for in section twenty-one, shall be punished by a fine of not more 7
than five thousand dollars or by imprisonment in the state prison for 8
not more than five years or in a jail or house of correction for not more 9
than two and one half years, or both. 10
1914, 635
1918, 257,
§464.
1919, 5.
1920, 2.
Penalty for
issue of ware-
houseman's
goods receipts
which do not
state the fact
of ownership.
1907, 582, § 54,
Section 58. If there are deposited with or held by a warehouseman 1
goods of which he is owner, either solely or jointly or in common with 2
others, such warehouseman, or any of his officers, agents or servants, 3
who, knowing such ownership, issues or aids in issuing a negotiable re- 4
ceipt for such goods which does not state such ownership, shall be pun- 5
ished by a fine of not more than one thousand dollars or by imprison- 6
ment for not more than one year, or both. 7
Penalty for
delivery of
goods with
negotiable
receipt out-
standing.
1907, 582, § 55,
Section 59. A warehouseman, or any officer, agent or servant of a
warehouseman, who deli\ers goods out of the possession of such ware-
houseman, knowing that a negotiable receipt the negotiation of which
would transfer the right to the possession of such goods is outstanding
and uncancelled, without obtaining the possession of such receipt at or be-
fore the time of such delivery, shall, except as provided in sections twenty-
one and forty-one, be punished by a fine of not more than one thousand
dollars or by imprisonment for not more than one year, or both.
Penalty for
negotiation of
receipt for
mortgaged
goods.
1907, 582, § 5G.
Section 60. Whoever deposits goods to which he has no title, or 1
upon which there is a lien or mortgage, and takes for such goods a nego- 2
tiable receipt which he afterwards negotiates for value with intent to 3
deceive, and without disclosing his want of title or the existence of the 4
lien or mortgage, shall be punished by a fine of not more than one thou- 5
sand dollars or by imprisonment for not more than one year, or both. 6
Penalty for
fraudulent
negotiation or
transfer of
receipt.
1914, 635.
1918, 257,
§§ 273, 464.
1919, 5.
1920, 2.
Section 61. Whoever, with intent to deceive, negotiates or transfers 1
for value a receipt, knowing that any or all of the goods which by the 2
terms thereof apj^ear to have been received for storage by the warehouse- 3
man issuing the receipt, are not in the possession or control of such ware- 4
houseman, without disclosing this fact, shall be punished by a fine of 5
not more than five thousand dollars or by imprisonment in the state 6
prison for not more than five years 01 in a jail or house of correction for 7
not more than two and a half years, or both. 8
Section 62. Whoever, with intent to injure or defraud, unlawfully 1
sells, pledges, lends or in any other way disposes of, or permits or is a 2
Penalty for
Belling, etc.,
property
i8uo!"2U6; § 8. party to the unlawful selling, pledging, lending or other disposition of, 3
Chaps. 105, 106.] public w.\rehouses. sales of personal property.
1223
4 any property stored in a public warehouse, without the authority of the p. s 72, § 10.
5 person in whose name the same is stored, shall be punished by a fine of {{"'l' ogfj^H
6 not more than five thousand dolhirs and by imprisonment in the state
7 prison for not more than three years.
1 Section 6-3. Whoever falsely makes, utters, forges or counterfeits, Penalty for
2 or whoever permits or is a party to the false making, uttering, forging wafeho'uIe°"
3 or counterfeiting of, a warehouse receipt, certificate or other instrument,
4 or of the signature of a warehouseman or of an endorser or other person
5 to an instrument used to pass or to give title to property stored in a p^ J^'eg-s ,5
6 public warehouse, shall be punished by a fine of not more than five
7 thousand dollars and by imprisonment in the state prison for not more
8 than three ^'ears.
receipt, etc.
1860, 206,
§§9, 10.
P. S. 72
1 Section 64. Whoever, knowing that his interest in the property Penalty for
2 described in a warehouse receipt has been attached, endorses, assigns receii^t after
3 or otherwise disposes of such receipt without disclosing such attach-
4 ment to the person to whom such receipt is endorsed, assigned or dis-
5 posed of, shall be punished by a fine of not more than five thousand dol-
6 lars and by imprisonment in the state prison for not more than three
7 years, or by imprisonment in a jail or house of correction for not more
S than one year.
attachment,
1S60. 206. § 12.
P. S. 72, § 14.
R. L. 69, 1 16.
INTERPRETATION.
Section 65.
In any case not provided for in this chapter, the rules of ^nJ''^„°uiJy"o
law and equity, including the law merchant, and in particular the rules govern cases
relating to the law of principal and agent, and to the effect of fraud, for in this
misrepresentation, duress or coercion, mistake, bankruptcy or other in- 1907, 582, § 57.
validating cause, shall govern.
1 Section 66. Sections seven to sixty-five, inclusive, of this chapter warehouse
2 may be cited as the warehouse receipts act, and shall be so interpreted interpretation.
3 and construed as to accomplish its general purpose to make uniform
4 the law of those states enacting like laws.
1907, 582,
i 68, 60.
CHAPTER 106.
SALES OF PERSONAL PROPERTY.
Sect.
1. Sales of merchandise in bulk in fraud of
creditors.
2. Application of preceding section.
FORMATION OF THE CONTRACT.
3. Contract to sell goods.
4. Capacity to buy and sell. Necessaries.
FORMALITIES OF THE CONTRACT.
5. Contract may be written or oral, etc.
6. Statute of frauds.
Sect.
subject matter of contract.
7. Goods which may form the subject of
a contract to sell.
8. Sale of an undivided share of goods;
fungible goods.
9. Destruction or deterioration of specific
goods sold.
10. Destruction or deterioration of specific
goods contracted to be sold.
THE PRICE.
11. Price, amount and how constituted.
12. Failure of third person to fix price.
1224
SALES OF PERSONAL PROPERTY.
[Chap. 106.
Sect.
condition8 and warranties.
Effect of non-performance of conditions.
Affirmation of fact or promise as an ex-
press warranty.
Implied warranty.
Sale of goods by description.
17. Implied warranty or condition of qual-
ity or fitness.
13.
14.
15.
16.
SALE BY SAMPLE.
18. Implied warranty in sales by sample.
TRANSFER OF PROPERTY AS BETWEEN
SELLER AND BnYER.
19. Unascertained goods.
20. Specific or ascertained goods.
21. Rules for ascertaining intention of par-
ties as to passing of title.
22. Reservation of title or right of posses-
sion.
23. Sales by auction.
24. Risk of loss.
TRANSFER OF TITLE.
25. Buyer acquires seller's title. Excep-
tions.
26. Where seller has voidable title.
27. Sale by vendor retaining possession.
28. Fraudulent retention of possession by
vendor.
29. Negotiable documents of title. Bills of
lading, warehouse receipts, etc., sub-
ject to other chapters.
PERFORMANCE OF THE CONTRACT.
30. Duty of seller and buyer.
31. Delivery of goods and payment of price
concurrent conditions.
32. Taking possession or delivery of goods.
33. Delivery of goods in quantities larger
or smaller than stipulated.
34. Delivery by instalments.
35. Delivery of goods to a carrier.
36. Buyer's right to examine.
37. Acceptance by buyer.
38. Acceptance of goods by buyer as af-
fecting seller's liability on warranty.
39. Buyer having right to reject not bound
to return goods.
40. Buyer's failure to take delivery.
Sect.
rights of unpaid seller against the
GOODS.
41. Seller of goods deemed an unpaid seller,
when .
42. Rights of unpaid seller.
UNPAID seller's LIEN.
43. Unpaid seller may retain possession
until payment or tender of price.
44. Unpaid seller may assert lien in certain
cases of partial delivery.
45. Loss of lien by unpaid seller.
STOPPAGE IN TRANSIT.
46. Unpaid seller may stop goods in transit,
when.
47. Transit defined.
48. Right of stoppage, how exercised.
RE-SALE BY THE SELLER.
49. When unpaid seller may re-sell.
RESCISSION BY THE SELLER.
50. Unpaid seller may rescind, when.
51. Unpaid seller's right not affected by
certain acts of buyer.
ACTIONS FOR BREACH OF THE CONTRACT.
52. Seller's right to recover price.
53. Right to damages.
54. Seller may totally rescind in certain
cases.
55. Remedies of buyer based on ownership.
56. Remedy of buyer for damages.
57. Specific performance by seller.
58. Rights of buyer in case of breach of
warranty.
59. Certain rights of buyer or seller not
affected.
INTERPRET.ITION.
60. Certain rights or duties, etc., may be
negatived, etc.
61. Certain rights or duties, etc., may be
enforced by action.
62. Rules of law and equity to continue to
apply in certain cases.
63. Interpretation and construction.
64. Not to apply to certain transactions.
65. Certain terms defined.
•Sales of mer-
chandise in
bulk in fraud
of creditors.
1903. 415, § I.
185 Masa. 18.
189 Masa. 598.
190 Masa. 326.
193 Masa. 106.
195 Mass. .585.
200 Mass. 588.
221 Mass. 289.
222 Masa. 587.
233 Masa. 85,
565.
265 Mass. 10.
Section 1. The sale in bulk of any part or the whole of a stock of 1
merchandise, otherwise than in the ordinary course of trade and in the 2
regular and usual prosecution of the seller's business, shall be fraudulent 3
and void as again.st the creditors of the seller, unless the seller and pur- 4
chaser, at least five days before the sale, make a full, detailed inventory, 5
showing the quantity and, so far as possible with the exercise of reason- 6
able diligence, the cost price to the seller of each article to be included 7
in the sale; and unless the purchaser demands and receives from the 8
seller a written list of names and addresses of creditors of the seller, 9
Chap. 106.] sales of personal property. 1225
10 with the amount of indebtedness due or owing to each and certified by 266 Mass. 583.
11 the seller, on oath, to be, to the best of his knowledge and belief, a full, 21 1 u."^.' 489.'
12 accurate and complete list of his creditors and of his indebtedness; and si".'''^*^'
13 unless the purchaser, at least five days before taking possession of such [Definitions,
14 merchandise, or paying therefor, notifies personally, or by registered ^®^'
15 mail, every creditor whose name and address are stated in said list, of
16 the proposed sale and of the price, terms and conditions thereof.
1 Section 2. The words "seller" and "purchaser" as used in section AppUcation
2 one shall include a corporation, association and a co-partnership, but Tert^on'' °*
3 said section shall not apply to a sale by an executor, administrator, ^^°^' *^^' ^ ^
4 receiver, assignee under a voluntary assignment for the benefit of credi-
5 tors, trustee in bankruptcy or any public officer under judicial process.
formation of the contract.
1 Section 3. (1) A contract to sell goods is one whereby the seller Contract to
2 agrees to transfer the propertv in goods to the buyer for a consideration i908,°237, § 1.
3 called the price. " g^S^J^sl?.
4 (2) A sale of goods is an agreement whereby the seller transfers the ^^^ '^^''^^- 1°-
5 property in goods to the buyer for a consideration called the price.
6 (.3) A contract to sell or a sale may be absolute or conditional.
7 (4) There may be a contract to sell or a sale between one part owner
8 and another.
1 Section 4. Capacity to buy and sell shall be determined by the gen- Capacity to
2 eral law concerning capacity to contract and to transfer and acquire N'eceMari^e's. '
0 , 190S. 237, § 2.
3 property.
4 Where necessaries are sold and delivered to an infant, or to a person
5 who by reason of mental incapacity or drunkenness is incompetent to
6 contract, he shall pay a reasonable price therefor.
7 Necessaries in this section mean goods suitable to the condition in
8 life of such infant or other person, and to his actual requirements at the
9 time of delivery.
formalities of the contract.
1 Section 5. A contract to sell or a sale may be in writing, either Contract may
2 with or without seal, or by word of mouth, or partly in writing and oraretr ° °'^
3 partly by word of mouth, or may be inferred from the conduct of the 242*m?sI' 464.
4 parties.
1 Section 6. (1) A contract to sell or a sale of any goods or choses statute of
2 in action of the value of five hundred dollars or more shall not be en- 29'ca^r. 11.
3 forceable by action unless the buyer shall accept part of the goods or 1692-3, 1's, § 7.
4 choses in action so contracted to be sold, or sold, and actually receive r.*|.' 74; 1 1;
5 the same, or give something in earnest to bind the contract, or in part p fyg^jl^'
6 pajTnent, or unless some note or memorandum in writing of the con- Jgos 237^5^4
7 tract or sale be signed by the party to be charged or his agent in that 1 Pick. 476.
8 behalf. 21 Picii. 265.
9 (2) This section shall apply to every such contract or sale, notwith- i^Met. 283.
10 standing that the goods may be intended to be delivered at some future | ^J|*; fff;
11 time, or may not at the time of such contract or sale be actually made, \° *|«J Hf
12 procured, or provided, or fit or ready for delivery, or some act may be * Cush. 497.
1226
SALES OF PERSONAL PROPERTY.
[Chap. 106.
6 Cush. 508.
9Cush. 115.
3 Gray, 331.
7 Gray, 554.
10 Gray, 212.
11 Gray, 235.
15 Gray, 289.
16 Gray, 436.
1 Allen, 422.
5 Allen, 1.
8 Allen, .566.
9 Allen, 412,
474.
13 Allen, 299,
353.
requisite for the making or completing thereof, or rendering the same 13
fit for delivery; but if the goods are to be manufactured by the seller 14
especially for the buyer and are not suitable for sale to others in the 15
ordinary course of the seller's business, this section shall not apply. 16
(3) There is an acceptance of goods within the meaning of this section 17
when the buyer, either before or after delivery of the goods, expresses 18
by words or conduct his assent to becoming the owner of those specific 19
goods. 20
99 Mass. 185.
105 Mass. 447.
107 Mass. 547.
lOS Mass. 54.
11. J -Muss. 450.
lis Mass. 143,279.325.
12U Ma,ss. 219,290,309.
123 Mass. 141.
124 Mass. 19. 478.
12.0 Mass. 43.
127 Mass. 476.
128 Mass. 388.
129 Mass. 185, 420.
132 Mass. 129.
134 Mass. 127.
139 Mass. 492.
151 Mass. 564.
165 Mass. 328.
170 Mass. 380.
172 Mass. 581.
173 Mass. 304.
177 Mass. 212.
179 Mass. 404.
180 Mass. 283.
186 Mass. 346.
193 Mass. 500.
201 Mass. 596.
203 Mass. 467.
214 Mass. 494.
215 Mass. 528.
220 Mass. 112.
223 Mass. 423.
226 Mass. 598.
234 Mass. 125.
241 Mass. 541.
242 Mass. 15, 17
243 Mass. 210.
244 Mass. 10.
248 Mass. 269.
249 Mass. 381.
250 Mass. 345.
254 Mass. 76.
255 Mass. 591.
256 Mass. 167. 397.
257 Mass. 269.
263 Mass. 288.
266 Mass. 583.
267 Mass. 98, 103.
464.
Goods which
may form the
subject of a
contract to
sell.
1908, 237, § 5.
228 Mass. 126.
SUBJECT MATTER OF CONTRACT.
Section 7. (1) The goods which form the subject of a contract to 1
sell may be either existing goods, owned or possessed by the seller, or 2
goods to be manufactured or acquired by the seller after the making of 3
the contract to sell, in this chapter called "future goods." 4
(2) There may be a contract to sell goods, the acquisition of which by 5
the seller depends upon a contingency which may or may not happen. 6
(3) Where the parties purport to effect a present sale of future goods, 7
the agreement operates as a contract to sell the goods. 8
Sale of an un-
divided share
of goods;
fungible goods.
1908, 237, § C.
Section 8. (1) There may be a contract to sell or a sale of an iin- 1
divided share of goods. If the parties intend to effect a present sale, 2
the buyer, by force of the agreement, becomes an owner in common with 3
the owners of the remaining shares. 4
(2) In case of fungible goods, there may be a sale of an undivided 5
share of a specific mass, though the seller purports to sell and the buyer 6
to buy a definite number, weight or measure of the goods in the mass, 7
and though the number, weight or measure thereof is undetermined. By 8
such a sale the buyer becomes owner in common of such a share of the 9
mass as the number, weight or measure bought bears to the number, 10
weight or measure of the mass. If the mass contains less than the num- 1 1
ber, weight or measure bought, the buyer becomes the owner of the 12
whole mass and the seller is bound to make good the deficiency from 13
similar goods unless a contrary intent appears. 14
Destruction or
deterioration
of specific
goods sold.
1908, 237, § 7.
Section 9. (1) Where the parties purport to sell specific goods, and 1
the goods without the knowledge of the seller have wholly perished at 2
the time when the agreement is made, the agreement is void. 3
(2) Where the parties purport to sell specific goods, and the goods 4
without the knowledge of the .seller have perished in part or have wholly 5
or in a material part so deteriorated in quality as to be substantially G
changed in character, the buyer may at his option treat the sale — 7
(a) As avoided, or 8
(b) As transferring the property in all of the existing goods or in so 9
much thereof iis have not deteriorated, antl as binding the buyer to pay 10
Chap. 106.] s.^les of person.\l property. 1227
11 the full agreed price if the sale was indivisible or to pay the agreed price
12 for the goods in which the property passes if the sale was divisible.
1 Section 10. (1) If the contract is to sell specific goods, and subse- Destruction or
2 quently, but before the risk passes to the buyer, without any fault on the of'pe'rific'""
3 part of the seller or the buyer, the goods wholly perish, the contract is frTftedtobe
4 thereby avoided. _ „ ■ ., , , , , , i908, 237. s 8.
5 (2) Ir the contract is to sell specmc goods, and subsequently, but
6 before the risk passes to the buyer, without any fault of the seller or the
7 buyer part of the goods perish or the whole or a material part of the
8 goods so deteriorate in quality as to be substantially changed in char-
9 acter, the buyer may at his option treat the contract —
10 (o) As avoided, or
11 (b) As binding the seller to transfer the property in all of the existing
12 goods or in so much thereof as have not deteriorated, and as binding the
13 buyer to pay the full agreed price if the contract was indivisible, or to
14 pay the agreed price for so much of the goods as the seller, at the buyer's
15 option, is bound to transfer if the contract was divisible.
the price.
1 Section 11. (1) The price may be fixed by the contract, or may be price, amount
2 left to be fixed in such manner as may be agreed, or may be determined atitut°(i ''°°"
3 by the course of dealing between the parties. 20s^MaJs'. ^270.
4 (2) The price may be made payable in any personal property.
5 (3) Where transferring or promising to transfer any interest in real
6 estate constitutes the whole or part of the consideration for transferring
7 or for promising to transfer the property in goods, sections three to sixty-
8 five, inclusive, shall not apply.
9 (4) Where the price is not determined under paragraphs (1) or (2) of
10 this section the buyer must pay a reasonable price. What is a reason-
11 able price is a question of fact dependent on the circumstances of each
12 particular case.
1 Section 12. (1) W'here there is a contract to sell or a sale of goods at Failure of third
2 a price or on terms to be fixed by a third person, and such person, without prfc™
3 fault of the seller or the buyer, can not or does not fix the price or terms, ^^°*' ^^^' ^ '
4 the contract or the sale is thereby avoided; but if the goods or any part
5 thereof have been delivered to and appropriated by the buyer he must
6 pay a reasonable price therefor.
7 (2) Where such third person is prevented from fixing the price or
8 terms by fault of the seller or the buyer, the party not in fault may have
9 such remedies against the party in fault as are allowed by sections forty-
10 one to fifty-nine, inclusive.
conditions and W^iRR-^NTIES.
1 Section 13. (1) Where the obligation of either party to a contract Efiectofnon-
2 to sell or a sale is subject to any condition which is not performed, such comSn^'' °
3 party may refuse to proceed with the contract or sale or he may waive "*°^'
4 performance of the condition. If the other party has promised that the
5 condition should happen or be performed, such first mentioned party
1228 SALES OF PERSONAL PROPERTY. [ChAP. 106.
may also treat the non-performance of the condition as a breach of 6
warranty. 7
(2) Where the property in the goods has not passed, the buyer may 8
treat the fulfilment by the seller of his obligation to furnish goods as 9
described and as warranted expressly or by implication in the contract 10
to sell as a condition of the obligation of the buyer to perform his promise 11
to accept and pay for the goods. 12
Affirmation of SECTION 14. Auv affirmation of fact or anv promise bv the seller 1
fact or promise . •' . • i. - 1 i ' i p r.
as an express rcktmg to the goods is an express warranty it the natural tendency or 2
1908, 237, § 12. such affirmation or promise is to induce the buyer to purchase the goods, 3
226 Mass: 3w. and if he purchases the goods relying thereon. No affirmation of the 4
243 Mass! 243^ valuc of the goods, nor any statement purporting to be a statement of 5
254 Mass! ill', the Seller's opinion only, shall be construed as a warranty. 6
255 Mass. 189.
i^franly SECTION 15. In a coutract to sell or a sale, unless a contrary inten- 1
1^08. 237. 1 13. tJQ,^ appears, there is — 2
200 Mass. 372. ^r' . ' . (> i ii i • i p o
(1) An implied warranty on the part oi the seller that in the case ot a S
sale he has a right to sell the goods, and that in the case of a contract to 4
sell he will have a right to sell the goods at the time when the property 5
is to pass. 6
(2) An implied warranty that the buyer shall have and enjoy quiet 7
possession of the goods as against any lawful claims existing at the time 8
of the sale. 9
(3) An implied warranty that the goods shall be free at the time of the 10
sale from any charge or encumbrance in favor of any third person not 11
declared or known to the buyer before or at the time when the contract 12
or sale is made. 13
(4) This section shall not, however, render liable a sherifl^, auctioneer, 14
mortgagee or other person professing to sell by virtue of authority in fact 15
or law goods in which a third person has a legal or equitable interest. 16
by desOT°p°tfon SECTION 16. Where there is a contract to sell or a sale of goods by 1
1908^237, 1 u. description, there is an implied warranty that the goods shall correspond 2
252 Mass! 135. with the description and if the contract or sale be by sample, as well as 3
263 Mass! 391^ by description, it is not sufficient that the bulk of the goods corresponds 4
with the sample if they do not also correspond with the description. 5
J^'tv^or'^on- Section 17. There is no implied warranty or condition as to the 1
ranty or con^
<>
dition of quality or fitness for any particular purpose of goods supplied under a
fitness. contract to sell or a sale, except as follows: 3
1908, 237, § 15. 237 Mass. 565. 256 Mass. 183.
223 Mass, 257. 242 Mass. 446, 450. 258 Mass. 483.
231 Mass. 65, 90.
243 Masl 243' ^^^ Whcrc the buyer, expressly or by implication, makes known to the 4
244 Mass. 19. seller the particular purjwse for which the goods are required, and it 5
269Massl464! appears that the buyer relies on the seller's skill or judgment, whether 6
he be the grower or manufacturer or not, there is an implied warranty 7
that the goods shall be reasonably fit for such purpose. S
251 Mass' 25i' (•^) Where the goods are bougiit by description from a seller who deals 9
263 Mass. 147. in goods of that description, whether he be the grower or manufacturer 10
or not, there is an implied warranty that they shall be of merchantable 11
quality. 12
Chap. lOG.] sales of personal property. 1229
13 (3) If the biiver has examined the sroods, there is no implied warranty 242 Mass. 297.
* •/ 250 Nl&ss 5 1
14 as regards defects which sucii examination ought to have revealed.
15 (4) In the case of a contract to sell or a sale of a specified article under 243 Mass. 243.
1 1 1 • • 1* 1 • '*44 Mass 19
16 its patent or other trade name, there is no implied warranty as to its 2.w Mass.' 55b.
17 fitness for any particular purpose. ^^^'
263 Mass. 147. 270 Mass. 501.
18 (5) An imjilied warranty or condition as to quality or fitness for a 208 Mass. 351.
19 particular purpose may be annexed by the usage of trade.
20 (6) An express warranty or condition does not negative a warranty or
21 condition implied under this chapter unless inconsistent therewith.
SALE BY SAMPLE.
1 Section IS. In the case of a contract to sell or a sale bv sample — implied war-
• • 1* I 1 1 T 11 1 II *' 1*1 ranty in sales
2 (a) Ihere is an implied warranty that the bulk shall correspond with by sample.
^ ^, , ■ ,-. 1908,237, § 16.
3 the sample in quality. 212 Mass. 425.
4 (6) There is an implied warranty that the buyer shall have a reason- 220 \ials! isi!
5 able opportunity of comparing the bulk with the sample, except as I52 mIZ'. it's.
6 otherwise provided in section thirty-six (3).
7 (c) If the seller is a dealer in goods of that kind, there is an implied
S warranty that the goods shall be free from any defect, rendering them
9 unmerchantable, which would not be apparent on reasonable exami-
10 nation of the sample.
TR.VNSFER OF PROPERTY AS BETW^EEN SELLER AND BUYER.
1 Section 19. If the contract is to sell unascertained goods no prop- Unascertained
2 erty therein passes to the buyer unless and until the goods are ascer- 1908^237, § 17.
3 tained, but property in an undivided share of ascertained goods may 264 Mass! 524!
4 pass as provided in section eight.
1 Section 20. (1) If the contract is to sell specific or ascertained ffc'emlnTd
2 goods, the property therein passes to the buyer at such time as the parties i§g8*'237, 5 is.
3 to the contract intend. 216 Mass! «
_, . ..,..„, . 247 Mass. 142.
4 (2) J:<or the purpose 01 ascertaining the intention 01 the parties, regard 2m Mass. 1.
5 shall be had to the terms of the contract, the conduct of the parties, 264 Mass! 52!*!
6 usages of trade, and the circumstances of the case.
1 Section 21. Unless a different intention appears, the following rules Rules tor ascer-
2 for ascertaining the intention of the parties as to the time when the tfon ofpartles
3 property in the goods is to pass to the buyer shall govern : tf„e° '""'''°^ "'
4 Rule 1. If there is an unconditional contract to sell specific goods, in i^oVa^sl! 44'^'
5 a deliverable state, the property in the goods passes to the buyer when 22° ■Jjj^^ ^97.
6 the contract is made, and it is immaterial whether the time of pavment 2-15 Mass. 534.
' 249 ^lass 1-
7 or the time of delivery, or both, be postponed. 269 Mass! 269.
8 Rule 2. If there is a contract to sell specific goods and the seller is 20s Mass. 252.
9 bound to do something to the goods for the purpose of putting them into
10 a deliverable state, the property does not pass until such thing be done.
11 Ride 3. (1) When goods are delivered to the buver "on sale or re- 22.5 Mass. 303.
ir. , ji ,1 , • .• ■ • • '1 ,1 249 Mass. 531.
12 turn , or on other terms indicating an intention to make a present sale 260 Mass. 532.
13 but to give the buyer an option to return the goods instead of paying the
14 price, the property passes to the buyer on delivery, but he may revest
15 the property in the seller by returning or tendering the goods within the
16 time fixed in the contract, or if no time has been fixed, within a reasonable
17 time.
1230
SALES OF PERSONAL PROPERTY.
[Chap. 106.
214 Mass. 487.
2.52 Mass. 7.
207 Mass. 28.
233 Mass. 29.
253 Mass. 383.
Property does
not pass in
certain cases
until goods are
delivered.
229 Mass. 115.
233 Mass. 29.
242 Mass. 4(54.
253 Mass. 383.
(2) When goods are delivered to the buyer on approval or on trial 18
or on satisfaction, or other similar terms, the property therein passes to 19
the buyer— 20
(a) When he signifies his approval or acceptance to the seller or does 21
any other act adopting the transaction. 22
(6) If he does not signify his approval or acceptance to the seller, but 23
retains the goods without giving notice of rejection, then, if a time has 24
been fixed for the return of the goods, on the expiration of such time, or, 25
if no time has been fixed, on the expiration of a reasonable time. What 26
is a reasonable time is a question of fact. 27
Rule 4- (1) If there is a contract to sell unascertained or future goods 28
by description, and goods of that description and in a deliverable state 29
are unconditionally appropriated to the contract, either by the seller 30
with the assent of the buyer, or by the buyer with the assent of the 31
seller, the property in the goods thereupon passes to the buyer. Such 32
assent may be expressed or implied, and may be given either before or 33
after the appropriation is made. 34
(2) Where, in pursuance of a contract to sell, the seller delivers the 35
goods to the buyer, or to a carrier or other bailee, whether named by the 36
buyer or not, for the purpose of transmission to or holding for the buyer, 37
he is presumed to have unconditionally appropriated the goods to the 38
contract, except in the cases provided for in rule five and in the follow- 39
ing section. This presumption is applicable, although by the terms 40
of the contract, the buyer is to pay the price before receiving delivery 41
of the goods, and they are marked with the words " collect on delivery " 42
or their equivalent. 43
Rule 5. If a contract to sell requires the seller to deliver the goods to 44
the buyer, or at a particular place, or to pay the freight or cost of trans- 45
portation to the buyer, or to a particular place, the property does not 46
pass until the goods have been delivered to the buyer or have reached 47
the place agreed upon. 48
Reservation of
title or right
of possession.
1908, 237, § 20.
Section 22. If there is a contract to sell specific goods, or if goods
are subsequently appropriated to the contract, the seller may, by the
terms of the contract or appropriation, reserve the right of possession
or property in the goods until certain conditions have been fulfilled.
The right of possession or property may thus be reserved notwithstand-
ing the delivery of the goods to the buyer, or to a carrier or other bailee
for the purpose of transmission to the buyer.
Sales by
auction.
1908, 237, § 21.
253 Mass. 60.
Section 23. In a sale by auction — 1
(1) Where goods are put up in lots, each lot is the subject of a separate 2
contract of sale. 3
(2) Such sale is complete when the auctioneer announces its comple- 4
tion by the fall of the hammer, or in other customary manner. Until 5
such announcement is made any bidder may retract; and the auc- 6
tioneer may withdraw the goods from sale unless the auction has been 7
announced to be without reserve. 8
(3) A right to bid may be reserved expressly by or on behalf of the 9
seller. 10
(4) If notice has not been given that such sale is subject to a right to 1 1
bid on behalf of the seller, it shall be unlawful for the seller to bid him- 12
self or to employ or induce any person to bid on his behalf, or for the 13
Ch.'^.P. 106.] SALKS OF PERSONAL PROPERTY. 1231
14 auctioneer to employ or induce any person to bi(J on behalf of the seller
15 or knowingly to take any bid from the seller or any person employed by
16 him. Any sale contravening this paragraph may be treated as fraudulent
17 by the buyer.
1 Section 24. Unless otherwise agreed, the goods remain at the seller's Risk ot losa.
2 risk imtil the property therein passes to the buyer, but when the prop- 220 Mass. 397!
3 erty therein has so passed the goods are at the buyer's risk whether ^^^ ^^^^' ^^^'
4 delivery has been made or not, except that —
5 («) If delivery of the goods has been made to the buyer, or to a bailee
6 for the buyer, in pursuance of the contract and the property in the goods
7 has been retained by the seller merely to secure performance by the
8 buyer of his obligations under the contract, the goods are at the buyer's
9 risk from the time of such delivery.
10 {b) If delivery has been delayed through the fault of either buyer or
11 seller, the goods are at the risk of the party in fault as regards any loss
12 which might not have occurred but for such fault.
TRANSFER OF TITLE.
1 Section 25. (1) If goods are sold by a person who is not the owner Buyer acquires
2 thereof, and who does not sell them under the authority or with the con- ExtfeVtions^'
3 sent of the owner, the buyer acquires no better title to the goods than '®°^' ^^^' ^ "^'
4 the seller had, unless the owner of the goods is by his conduct precluded
5 from denying the seller's authority to sell.
6 (2) Nothing in this chapter, however, shall affect —
7 (a) Any law relating to factors or the recording of instruments, or
8 enabling the apparent owner of goods to dispose of them as if he were
9 the true owner thereof.
10 (b) The validity of any contract to sell or sale under any special com-
11 mon law or statutory power of sale or under the order of a court of
12 competent jurisdiction.
1 Section 26. If the seller of goods has a voidable title thereto, but ^"'^''^ ^'^'If
2 his title has not been avoided at the time of the sale, the buyer ac- twe."
3 quires a good title to the goods; provided, that he buys them in good 247*Mass!i33.'
4 faith, for value, and without notice of the seller's defect of title. ^53 Mass. 383.
1 Section 27. If a person having sold goods continues in possession saie by vendor
2 thereof, or of negotiable documents of title thereto, the delivery or pMseTswn.
3 transfer by such person, or by an agent acting for him, of the goods or 254\iasl! Isl^'
4 documents of title under any sale, pledge, or other disposition thereof, ^j^^ J^};^^; |^;
5 to any person receiving and paying value for the same in good faith and 267 Mass. 28.
6 without notice of the previous sale, shall have the same effect as if the
7 person making the delivery or transfer were expressly authorized by the
8 owner of the goods to make the same.
1 Section 28. If a person having sold goods continues in possession Fraudulent
2 thereof, or of negotiable documents of title thereto, and such retention of po3'sesL'ion°by
3 possession is fraudulent in fact or is deemed fraudulent under any rule i9!58°237, § 25.
4 of law, a creditor of the seller may treat the sale as void. -^* ^^^"^ ®^*-
1 Section 29. A document of title in which it is stated that the goods Negotiable
2 designated therein will be delivered to the bearer, or to the order of any titi™'"Bii£ of
1232
SALES OF PERSONAL PROPERTY.
[Chap. 106.
lading, ware-
house receipts,
etc., subject to
other chapters.
1908, 237,
§§27-38, 40.
1918, 257,
§§280, 281.
1919, 5.
192U, 2.
249 Mass. 1.
263 Mass. 543.
person named in such document, is a negotiable document of title. If 3
such a document is a bill of lading, it shall be subject to chapter one 4
hundred and eight; if a warehouse receipt, dock warrant, or however 5
otherwise described, it shall be subject to chapter one hundred and five, 6
and for the purposes of this section, the word, "receipt" as used in said 7
chapter shall mean document of title, and the word "warehouseman", 8
as so used, shall mean bailee. 9
Section 30.
PERFORMANCE OF THE CONTRACT.
It shall be the duty of the seller to deliver the goods,
Duty of seller
and buyer. pi . • i i
1908. 237. § -ii and of the buyer to accept and pay tor them, in accordance with the
250 Mass. 345.
terms of the contract to sell or sale.
263 Mass. 391.
DeHvery of
goods and pay-
ment of price
concurrent
conditions.
1908, 2.37, § 42,
245 Mass. 35.
250 Mass. 345.
Section 31. Unless otherwise agreed, delivery of the goods and
payment of the price are concurrent conditions; that is to say, the seller
must be ready and willing to give possession of the goods to the buyer in
exchange for the price, and the buyer must be ready and willing to pay
the price in exchange for possession of the goods.
Taking posses-
sion or deUvery
of goods.
1908, 237, § 43.
233 Mass. 29.
239 Mass. 10.
242 Mass. 464.
245 Mass. 35.
248 Mass. 126.
257 Mass. 515.
1
2
Section 32. (1) \Miether it is for the buyer to take possession of the 1
goods or for the seller to send them to the buyer, depends in each case on 2
the contract, express or implied, between the parties. Apart from any 3
such contract, express or implied, or usage of trade to the contrary, the 4
place of delivery is the seller's place of business, if he has one, and if not, 5
his residence; but in case of a contract to sell or a sale of specific goods, 6
which to the knowledge of the parties when the contract or the sale was 7
made were in some other place, then that place is the place of delivery. 8
(2) If by a contract to sell or a sale the seller is bound to send the 9
goods to the buyer, but no time for sending them is fixed, the seller is 10
bound to send them within a reasonable time. 11
(3) If the goods at the time of sale are in the possession of a third per- 12
son, the seller does not fulfil his obligation to deliver to the buyer unless 13
and until such third person acknowledges to the buyer that he holds the 14
goods on the buyer's behalf; but as against all others than the seller the 15
buyer shall be regarded as having received delivery from the time when 16
such third person first has notice of the sale. Nothing in this section, 17
however, shall affect the operation of the issue or transfer of any docu- 18
ment of title to goods. 19
(4) Demand or tender of delivery may be treated as ineffectual unless 20
made at a reasonable hour. What is a reasonable hour is a question of 21
fact. 22
(5) Unless otherwise agreed, the expenses of and incident to putting 23
the goods into a deliverable state shall be borne by the seller. 24
Delivery of
goods in quan-
tities larger
or smaller
than stipu-
lated.
1908, 237, § 44
245 Mass. 461.
Section 33. (1) If the seller delivers to the buyer a quantity of 1
goods less than he contracted to sell, the buyer may reject them, but if 2
the buyer accepts or retains the goods so delivered, knowing that the 3
seller will not perform the contract in full, he shall pay for them at the 4
contract rate. If, however, the buyer has used or disposed of the goods 5
delivered before he knows that the seller will not so jierforni, the buyer 6
shall not be liable for more than the fair value to him of the goods so 7
received. 8
Chap. 106.] sales of personal property. 1233
9 (2) If the seller delivers to the buyer a quantity of goods larger than he 229 Mass. iis.
10 contracted to sell, the buyer may accept the goods included in the con-
1 1 tract and reject the rest, or he may reject the whole. If the buyer accepts
12 the whole of the goods so delivered he shall pay for them at the contract
13 rate.
14 (3) If the seller delivers to the buyer the goods which he contracted ijoMasslw?:
15 to sell niLxed with goods of a different description not included in the
10 contract, the buyer may accept the goods which are in accordance with
17 the contract and reject the rest, or he may reject the whole.
18 (4) The provisions of this section are subject to any usage of trade,
19 special agreement, or course of dealing between the parties.
1 Section 34. (1) Unless otherwise agreed, the buyer of goods is not °|Jjj'i"^„^^
2 bound to accept delivery thereof by instalments. _ l^Tuals'Us'
3 (2) If there is a contract to sell goods to be delivered by stated instal- 242 Mass! 594:
4 ments, which are to be separately paid for, and the seller makes defective
5 deliveries in respect of one or more instalments, or the buyer neglects or
6 refuses to take delivery of or pay for one or more instalments, it depends
7 in each case on the terms of the contract and the circumstances of the
8 case whether the breach of contract is so material as to justify the injured
9 party in refusing to proceed further and suing for damages for breach
10 of the entire contract, or whether the breach is severable, giving rise to
11a claim for compensation, but not to a right to treat the whole contract
12 as broken.
1 Section 35. (1) If, in pursuance of a contract to sell or a sale, the Delivery of
2 seller is authorized or required to send the goods to the buyer, delivery farrier."
3 of the goods to a carrier, whether named by the buyer or not, for the •y.vi Mass! 45. '
4 purpose of transmission to the buyer, is deemed a delivery of the goods -'''' ^^"^^ ^^■
5 to the buyer, except in the cases provided for in rule five of section
6 twenty-one, or imless a contrary intent appears.
7 (2) Unless otherwise authorized by the buyer, the seller shall make
8 such contract with the carrier on behalf of the buyer as may be reason-
9 able, having regard to the nature of the goods and the other circumstances
10 of the case. If the seller omits so to do, and the goods are lost or dam-
11 aged in course of transit, the buyer may decline to treat the delivery to
12 the carrier as a delivery to himself, or may hold the seller responsible in
13 damages.
14 (3) Unless otherwise agreed, if goods are sent by the seller to the
15 buyer under circumstances wherein the seller knows or ought to know
16 that it is usual to insure, the seller shall give such notice to the buyer as
17 may enable him to insure them during their transit, and, if the seller fails
18 so to do, the goods shall be deemed to be at his risk during such transit.
1 Section 36. (1) If goods which he has not previously examined are Buyer'sright
2 delivered to the buyer, he is not deemed to have accepted them unless igos, 237, § 47.
3 and until he has had a reasonable opportunity of examining them for
4 the purpose of ascertaining whether they conform to the contract.
5 (2) Unless otherwise agreed, when the seller tenders delivery of goods 24s Mass. 553.
6 to the buyer, he is bound, on request, to afford the buyer a reasonable
7 opportunity of examining the goods for the purpose of ascertaining
8 whether they conform to the contract.
9 (3) If goods are delivered to a carrier by the seller, in accordance with 226 Mass. 59s.
10 an order from or agreement with the buyer, upon the terms that they
1234
SALES OF PERSONAL PROPERTY.
[Chap. 106.
shall not be delivered by the carrier to the buyer until he has paid the 11
price, whether such terms are indicated bj' marking the goods with the 12
words "collect on delivery", or otherwise, the buyer is not entitled to 13
examine the goods before payment of the price in the absence of an 14
agreement permitting such examination. 15
Acceptance SECTION 37. The buycr is deemed to have accepted the goods when
1908, 237, § 48. hc iutimatcs to the seller that he has accepted them, or when the goods
have been delivered to him and he does any act in relation thereto which
is inconsistent with the seller's ownership, or when, after the lapse of a
reasonable time, he retains the goods without intimating to the seller
that he has rejected them.
Acceptance of
goods by buyer
as affecting
seller's liability
on warranty.
1908, 237, § 49.
212 Mass. 425.
217 Mass. 302.
229 Mass. 254.
242 Mass. 206,
594.
245' Mass. 461.
248 Mass. 232.
249 Mass. 365.
253 Mass. 200.
Section 38. In the absence of an express or implied agreement of the 1
parties, acceptance of the goods by the buyer shall not discharge the 2
seller from liability in damages or other legal remedy for breach of any 3
promise or warranty in the contract to sell or the sale. But, if, after 4
acceptance of the goods, the buyer fails to give notice to the seller of the 5
breach of any promise or warranty within a reasonable time after the 6
buyer knows, or ought to know of such breach, the seller shall not be 7
liable therefor. 8
right torejec^ Section 39. Unless otherwise agreed, if goods are delivered to the 1
not bound jo buycr, and he refuses to accept them, having the right so to do, he is 2
1908, 237, §50. not bouud to return them to the seller, but it is sufficient if he notifies 3
the seller that he refuses to accept them. 4
Buyer's failure
to take
delivery.
1908, 237, § 51.
Section 40. When the seller is ready and willing to deliver the goods, 1
and requests the buyer to take deliver\', and the buyer does not do so 2
within a reasonable time after such request, he is liable to the seller for 3
any loss caused by his neglect or refusal so to do, and also for a reason- 4
able charge for the care and custody of the goods. If the neglect or 5
refusal of the buyer to take delivery amounts to a repudiation or breach 6
of the entire contract, the seller shall have the rights against the goods 7
and on the contract hereinafter provided in favor of the seller when the 8
buver is in default. 9
Seller of goods
deemed an un-
paid seller,
when.
1908, 237, § 52.
RIGHTS OF unpaid SELLER AGAINST THE GOODS.
Section 41. (1) The seller of goods is deemed to be an unpaid 1
seller within the meaning of this chapter — 2
(o) When the whole of the price has not been paid or tendered. 3
(b) When a bill of exchange or other negotiable instrument has been 4
received as conditional payment, and the condition on which it was re- 5
ceived has been broken by reason of the dishonor of the instrument, the 6
insolvency of the buyer, or otherwise. 7
(2) In sections forty-one to fifty-one, inclusive, the term "seller" in- 8
eludes an agent of the seller to whom the bill of lading has been endorsed, 9
or a consignor or agent who has himself paid, or is directly responsible 10
for, the price, or any other person who is in the position of a seller. 11
rafdaenor""'' Section 42. (1) Notwithstanding tliat the property in the goods 1
190S, 237, § 53. may have passed to the buyer, the unpaid seller of goods, as such, has — 2
Chap. lOfi.] sales of personal property. 1235
3 (a) Alien on the goods or rii;ht to retain tlicm for the price while in
4 possession of them.
5 (b) In case of the insolvency of the buyer, a right of stopping the
6 goods in transit after he has parted with their possession.
7 (c) A right of re-sale as hereinafter limited.
8 (d) A right to rescind the sale as hereinafter limited.
9 (2) If the property in goods has not passed to the buyer, the unpaid
10 seller has, in addition to his other remedies, a right to withhold de-
1 1 li\-ery similar to and co-extensive with his rights of lien and stoppage in
12 transit where the property has passed to the buyer.
unpaid seller's lien.
1 Section 43. (1) The unpaid seller of goods in possession of them is unpaid seller
^ .11 • 1 * . •! J _L 1 i? J.1 • n^^y retain pos-
2 entitled to retain such possession until payment or tender ot the price session until
3, I «. 11 ■ ' payment or
in the following cases: tender of price.
4 (a) If the goods have been sold without any stipulation as to credit. alsVasI: kf.'
5 (b) If the goods have been sold on credit, but the term of credit has
6 expired.
7 (c) If the buyer becomes insolvent.
8 (2) The seller may exercise his right of lien notwithstanding that he
9 is in possession of the goods as agent or bailee for the buyer.
1 Section 44. If an unpaid seller has made part delivery of the goods, unpaid seller
2 he may exercise his right of lien on the remainder, unless such part de- Ul^c^rtain casM
3 liverv was made under such circumstances as to show an intent to waive deiwery
4 the I'ien or right of retention. '^^- ^^'^- ^ ^^■
1 Section 45. (1) The unpaid seller of goods loses his lien thereon — Loss rfj^n
2 (a) When he delivers the goods to a carrier or other bailee for the seller.
3 purpose of transmission to the buyer without reserving the property in 258 Mass! 215.'
4 the goods or the right to the possession thereof.
5 (6) When the buyer or his agent lawfully obtains possession of the
6 goods.
7 (c) By waiver thereof.
8 (2) The unpaid seller of goods, having a lien thereon, does not lose
9 his lien by reason only that he has obtained a judgment or decree for
10 the price of the goods.
stoppage in transit.
1 Section 46. When the buyer of goods is or becomes insolvent, the Unpaid seller
2 unpaid seller who has parted with the possession of the goods has the ^odsin^tran-
3 right of stopping them in transit; that is to say, he may resume pos- i968l''237, §57.
4 session of the goods at any time while they are in transit, and he will
5 then become entitled to the same rights relative to the goods which he
6 would have had if he had never parted with the possession.
1 Section 47. (1) Goods are in transit within the meaning of the Transit
, . . defined.
2 preceding section — 1908, 237, s 58.
3 {a) From the time when delivered to a carrier by land or water, or
4 other bailee, for the purpose of transmission to the buyer, until the
5 buyer, or his agent in that behalf, takes delivery of them from such
6 carrier or other bailee.
1236
SALES OF PERSONAL PROPERTY.
[Ch.\p. 106.
(6) If the goods are rejected by the buyer, and the carrier or other 7
bailee continues in possession of them, even if the seller has refused to 8
receive them back. 9
(2) Goods are no longer in transit within the meaning of the pre- 10
ceding section — 11
(a) If the buyer, or his agent in that behalf, obtains delivery of the 12
goods before their arrival at the appointed destination. 13
{b) If, after the arrival of the goods at such destination, the carrier 14
or other bailee acknowledges to the buyer or his agent that he holds 15
the goods on his behalf and continues in their possession as bailee for 16
the buyer or his agent; and it is immaterial that a further destination 17
for the goods may have been indicated by the buyer. 18
(c) If the carrier or other bailee wrongfully refuses to deliver the goods 19
to the buyer, or his agent in that behalf. 20
(3) If goods are delivered to a ship chartered by the buyer, it de- 21
pends on the circumstances of the particular case whether they are in 22
the possession of the master as a carrier, or as agent of the buyer. 23
(4) If part delivery of the goods has been made to the buyer, or his 24
agent in that behalf, the remainder of the goods may be stopped in 25
transit, unless such part delivery has been made under such circum- 26
stances as to show an agreement with the buyer to give up possession of 27
the whole of the goods. 28
Right of stop-
page, how
exercised.
1908, 237, 5 59.
Section 48. (1) The unpaid seller may exercise his right of stoppage 1
in transit either by obtaining actual possession of the goods, or by giving 2
notice of his claim to the carrier or other bailee in possession thereof. 3
Such notice may be given either to the person in actual possession of the 4
goods or to his principal. In the latter case the notice, to be effectual, 5
must be given at such time and under such circumstances that the prin- 6
cipal, by the exercise of reasonable diligence, may prevent a delivery to 7
the buyer. 8
(2) When notice of stoppage in transit is given by the seller to the 9
carrier or other bailee in possession of the goods, he must re-deliver them 10
to, or according to the direction of, the seller, at the latter's expense. If, 11
however, a negotiable document of title representing the goods has been 12
issued by the carrier or other bailee, he shall not be obliged to deliver, or 13
be justified in delivering, the goods to the seller unless such document 14
is first surrendered for cancellation. 15
when unpaid
seller may
re-sell.
1908, 237, 5 60,
239 Mass. 53.
RE-SALE BY THE SELLER.
Section 49. (1) If the goods are perishable, or if the seller expressly 1
reserves the right of re-sale in case the buyer makes default, or if the 2
buyer has been in default in the payment of the price an unreasonable 3
time, an unpaid seller having a right of lien or having stopped the goods 4
in transit may re-sell the goods. He sliail not thereafter be liable to the 5
original buyer upon the contract to sell or upon the sale, or for any 6
profit made by such re-sale, but may recover from the buyer damages for 7
any loss occasioned by the buyer's breach. 8
(2) If a re-sale is made, as authorized by this section, the buyer ac- 9
quires a good title as against the original buyer. 10
(3) It is not essential to the validity of a re-sale that notice of an in- 11
tention to re-sell the goods be given by the seller to the original buyer. 12
But if the right to re-scU is not based on the perishable nature of the 13
Chap. 106.] sales of personal property. 1237
14 goods or upon an express provision of the contract or of the sale, the
15 giving or failure to give such notice shall be relevant in any issue involving
16 the question whether the buyer had been in default an unreasonable
17 time.
18 (4) It is not essential to the validity of a re-sale that notice of the
19 time and place thereof be given by the seller to the original buyer.
20 (5) The seller is bound to exercise reasonable care and judgment in
21 making a re-sale, and subject to this requirement may make a re-sale
22 either by public or private sale.
RESCISSION BY THE SELLER.
1 Section 50. (1) An unpaid seller having a right of lien or having unpaid seller
2 stopped the goods in transit, may rescind the transfer of title and resume when'*'^"""*'
3 the property in the goods, if he expressly reserved the right to do so in case 244%"i^3' 2w'
4 of the buyer's default, or if the buyer has been in default in the payment
5 of the price an unreasonable time. The seller shall not thereafter be
6 liable to the buyer upon the contract to sell or the sale, but may recover
7 from the buyer damages for any loss occasioned by the buyer's breach.
8 (2) The transfer of title shall not be held to have been rescinded by
9 an unpaid seller until he has manifested by notice to the buyer or by
10 some other overt act an intention to rescind. Such overt act need not
11 be communicated to the buyer, but the giving or failure to give notice to
12 the buyer of the intention to rescind shall be relevant in any issue in-
13 volving the question whether the buyer had been in default an unreason-
14 able time.
1 Section 51. Subject to section fifty-four of chapter one hundred righfaor""^
2 and five and section forty of chapter one hundred and eight, the unpaid »ffc<^'ed by
3 seller's right of lien or stoppage in transit is not affected by any sale or of buyer.
4 other disposition of the goods which the buyer may have made, unless
5 the seller has assented thereto.
actions for breach of the contract.
1 Section 52. (1) If , under a contract to sell or a sale, the property in SeUer's right
2 the goods has passed to the buyer, and the buyer wrongfully neglects or p?icl!^°^"
3 refuses to pay therefor according to the terms of the contract or the sale, 24i\i?ssl 444^'
4 the seller may maintain an action against him for the price. |^| Hm Hf
5 (2) If, under a contract to sell or a sale, the price is payable on a day 252 Mass. 7^
6 certain, irrespective of delivery or of transfer of title, and the buyer WTong-
7 fully neglects or refuses to pay such price, the seller may maintain an
8 action for the price, although the property in the goods has not passed,
9 and the goods have not been appropriated to the contract. But it shall
10 be a defence to such an action that the seller at any time before judgment
11 in such action has manifested an inability to perform the contract or the
12 sale on his part or an intention not to perform it.
13 (3) Although the property in the goods has not passed, if they cannot
14 readily be re-sold for a reasonable price, and if the provisions of paragraph
15 (4) of the following section are not applicable, the seller may offer to
16 deliver the goods to the buyer, and, if the buyer refuses to receive them,
17 may notify the buyer that the goods are thereafter held by the seller as
18 bailee for the buyer. Thereafter the seller shall treat the goods as the
19 buyer's, and may maintain an action for the price.
1238
SALES OF PERSONAL PROPERTY.
[Chap. 106.
Right to Section 53. (1) If the buyer wrongfully neglects or refuses to accept
1908, 237. § 64. and pav for the goods, the seller mav maintain an action against him
242 Mass. 594. » ,' ' ,, '^ ,
247 Mass. 153. tor damages tor non-acceptance.
248 Mass. 126, ^2) The mcasure of damages shall be the estimated loss directly and
249 Mass. 1. - _ - . .
252 Mass. 7.
270 Mass. 501.
1
2
3
4
5
6
7
8
9
10
naturally resulting, in the ordinary course of events, from the buyer's
breach of contract.
(3) If there is an available market for the goods in question, the meas-
ure of damages, in the absence of special circumstances showing proxi-
mate damage of a greater amount, shall be the difference between the
contract price and the market or current price at the time when the
goods ought to have been accepted, or, if no time was fixed for acceptance, 1 1
then at the time of the refusal to accept. 12
(4) If, while labor or expense of material amount are necessary on the 13
part of the seller to enable him to fulfil his obligations under the contract 14
to sell or the sale, the buyer repudiates the contract or the sale, or 15
notifies the seller to proceed no further therewith, the buyer shall be 16
liable to the seller for no greater damages than the seller would have 17
suft'ered if he did nothing toward carrying out the contract or the sale IS
after receiving notice of the buyer's repudiation or countermand. The 19
profit which the seller would have made if the contract or the sale had 20
been fully performed shall be considered in estimating such damages. 21
totany"Jescind SECTION 54. If the goods ha^•e not been delivered to the buyer, and
in certain ^hc buycr has repudiated the contract to sell or sale, or has manifested his
1908,237, §65. inability to perform his obligations thereunder, or has committed a ma-
terial breach thereof, the seller may totally rescind the contract or the
sale by giving notice of his election so to do to the buyer.
Remediesof SECTION 55. If the property in the goods has passed to the buyer 1
on ownership, and the scllcr wrongfully neglects or refuses to deliver them, the buyer 2
' may maintain any action allowed by law to the owTier of goods of similar 3
kind WTongfully converted or withheld. 4
Remedy of
buyer for
damages.
1908, 237, § 67.
249 Mass. 373.
234 Mass. 125.
246 Mass. 386.
Section 56. (1) If the property in the goods has not passed to the 1
buyer, and the seller wrongfully neglects or refuses to deliver them, the 2
buyer may maintain an action against the seller for damages for non- 3
delivery. 4
(2) The measure of damages shall be the loss directly and naturally 5
resulting, in the ordinary course of events, from the seller's breach of 6
contract. 7
(3) If there is an available market for the goods, the measure of 8
damages, in the absence of special circumstances showing proximate 9
damages of a greater amount, shall be the dift'erence between the con- 10
tract price and the market or current price of the goods at the time 11
when they ought to have been delivered, or, if no time was fixed, then 12
at the time of the refusal to deliver. 13
fo'i-mlfnee by SECTION 57. If the Seller has broken a contract to deliver specific or '
1908? 237. §68. ascertained goods, a court having tlie powers of a court of equity may,
if it thinks fit, on the application of the buyer, by its judgment or de-
cree direct that the contract shall be performed specifically, without
giving the seller the option of retaining the goods on payment of dam-
ages. The judgment or decree may be unconditional, or upon such
CiLVP. 106.] SALES OF PERSONAL PROPERTY. 1239
7 terms cand conditions as to damages, payment of tho i)rice and other-
8 wise, as the court may deem just.
1 Section 58. (1) If there is a breach of warranty by the seller, the Rights of
.... buyer in case
2 buyer may, at his election — of breach of
3 (a) Accept or keep the goods and set up against the seller the breach T90T237, § 69.
4 of warranty by way of recoupment in diminution or extinction of the r.f- H^l Hf
r -r^^In^ ' 263 Mass. 391.
O price. .268 Mass. 10.
6 (b) Accept or keep the goods and maintain an action against the 272 Mass. 477.
7 seller for damages for such breach.
8 (c) Refuse to accept the goods, if the property therein has not passed,
9 and maintain an action against the seller for damages for such breach.
10 (f/) Rescind the contract to sell or the sale and refuse to receive the
11 goods, or if they have already been received, return them or offer to re-
12 turn them to the seller and recover the price or any part thereof which
13 has been paid.
14 (2) When the buyer has claimed and has been granted a remedy in 26s Mass. 10.
15 any one of these ways, no other remedy shall thereafter be granted.
16 "(3) If the goods have been delivered to the buyer, he cannot rescind If* Mass. 275.
17 the sale if he knew of the breach of warranty when he accepted them, or |« Mass. 46^.
18 if he fails to notify the seller within a reasonable time of the election 256 Mass. 193.
19 to rescind, or if he fails to return or to offer to return the goods to the "
20 seller in substantially as good condition as they were in at the time when
21 the property passed. But if deterioration or injury of the goods is due
22 to the breach of warranty', such deterioration or injury shall not pre-
23 vent the buyer from returning or offering to return the goods to the
24 seller and rescinding the sale.
25 (4) If the buyer is entitled to rescind the sale and elects so to do, the 224 Mass. 275.
, ■ ., ■ ,. 1 1 ,. 1 . i • n' • i 252 Mass. 135.
26 buyer shall cease to be liable tor the price upon returning or ottering to 26S Mass. lo.
27 return the goods. If the price or any part thereof has already been
28 paid, the seller shall be liable to repay so much thereof as has been paid,
29 concurrently with the return of the goods, or immediately after an oft'er
30 to return them in exchange for repayment of the price.
31 (5) If the buyer is entitled to rescind the sale and elects so to do, and ^ m^^= J^s.
32 the seller refuses to accept an offer of the buyer to return the goods, the
33 buyer shall thereafter be deemed to hold the goods as bailee for the
34 seller, but subject to a lien to secure the repayment of any portion of
35 the price which has been paid, and with the remedies for the enforce-
36 ment of such lien allowed to an unpaid seller by section forty-two.
37 (6) The measure of damages for breach of warranty shall be the loss
38 directly and naturally resulting, in the ordinary course of events, from
39 such breach.
40 (7) In case of breach of warranty of quality, such loss, in the absence 253 Mass. 200.
41 of special circumstances showing proximate damage of a greater amount, "
42 shall be the difference between the value of the goods at the time of de-
43 livery to the buyer and the value they would have had if answering to
44 the warranty.
1 Section 59. Nothing in this chapter shall affect the right of the certain^rights
2 buyer or of the seller to recover interest or special damages in any case geiier^not""^
3 where by law recoverable, or to recover money paid where the consider- i908!'237, § 70.
4 ation for the payment has failed. ''" ^'^" ''^-
1240
SALES OF PERSONAL PROPERTY.
[Chap. 106.
Certain rights
or duties,
etc., may be
negatived,
1908,237, §71.
INTERPRETATION.
Section 60. If any right, duty or liability would arise under a con- 1
tract to sell or a sale by implication of law, it may be negatived or varied 2
by express agreement or by the course of dealing between the parties, or 3
by custom, if the custom is such as to bind both parties to the contract 4
or sale. 5
Certain rights SECTION 61. If any right, duty or liability is declared by sections 1
etc , may be three to fifty-niuc, inclusive, it may, unless otherwise herein provided, 2
be enforced by action. 3
1908, 237, § 72.
enforced by
action
Rules of law
and equity to
continue to
apply in cer-
tain cases.
190S, 237, § 73.
Section 62. In any case not provided for in said sections, the rules
of law and equity, including the law merchant, and in particular the
rules relating to the law of principal and agent and to the effect of fraud,
misrepresentation, duress or coercion, mistake, bankruptcy, or other
invalidating cause, shall continue to apply to contracts to sell and to
sales of goods.
indcoMt^r Section 63. Said sections shall be so interpreted and construed, if 1
1908 237 possible, as to effectuate their general purpose to make uniform the law 2
§§ 74, 77.' of those states which enact them, and may be cited as the sales act. 3
Section 64. The provisions of said sections relating to contracts to 1
Not to apply
to certain - • • r\
transactions, sell and to salcs shall not apply, unless so stated, to any transaction in 2
' the form of a contract to sell or a sale which is intended to operate by 3
4
way of mortgage, pledge, charge or other security.
Certain terms
defined.
1908, 237, § 76.
241 Mass. 211.
245 Mass. 440.
2.57 Mass. 135.
267 Mass. 28.
Section 65. (1) The following words, as used in sections three to 1
sixty-four, inclusive, unless the context or subject matter otherwise 2
requires, shall have the following meaning: 3
"Action" includes counter-claim, set-off and suit in equity. 4
"Buyer", a person who buys or agrees to buy goods, or any legal 5
successor in interest of such person. 6
"Defendant" includes a plaintiff against whom a right of set -off" or 7
counter-claim is asserted. S
"Delivery", voluntary transfer of possession from one person to 9
another. 10
"Divisible contract to sell" or "divisible sale", a contract to sell or a 11
sale wherein by its terms the price for a portion or portions of the goods 12
less than the whole is fixed or ascertainable by computation. 13
"Document of title to goods" includes any dock warrant, or order for 14
the delivery of goods, or any other document used in the ordinary course 15
of business in the sale or transfer of goods as proof of the possession or Ki
control of the goods, or authorizing or purporting to authorize the pos- 17
sessor of the document to transfer or receive, either by endorsement or 18
by delivery, goods represented by such document. 19
"Fault", wrongful act or default. 20
"Fungible goods", goods of which any unit is from its nature or by 21
mercantile usage treated as the equivalent of any other unit. 22
"Future goods", goods to be manufactured or acquired by the seller 23
after the making of the contract of sale. 24
Chaps. 106, 107.]
1241
"Goods" include all chattels personal other than things in action and 226 Mass. 64.
money, emblements, industrial growing crops, and things attached to or
forming part of the land which are agreed to be severed before sale or
under the contract of sale.
"Order" in such of said sections as relate to documents of title means
an order by endorsement on the document.
" Person" includes a corporation or partnership or two or more persons
having a joint or common interest.
"Plaintiff" includes defendant asserting a right of set-off or counter-
25
26
27
28
29
30
31
32
33
34 claim.
3.5 "Property", the general property in goods, and not merely a special
36 property.
37 "Purchaser" includes mortgagee and pledgee.
38 " Purchases" includes taking as a mortgagee or as a pledgee.
39 "Quality of goods" includes their state or condition.
40 "Sale" includes a bargain and sale as well as a sale and delivery.
41 ".Seller", a person who sells or agrees to sell goods, or any legal suc-
42 cessor in interest of such person.
43 "Specific goods", goods identified and agreed upon at the time a con-
44 tract to sell or a sale is made.
45 "Value", any consideration sufficient to support a simple contract.
46 An antecedent or pre-existing claim, whether for money or not, consti-
47 tutes value where goods or documents of title are taken either in satis-
48 faction thereof or as security therefor.
49 (2) A thing is done "in good faith" when it is in fact done honestly,
50 whether it be done negligently or not.
51 (3) A person is insolvent who either has ceased to pay his debts in the
52 ordinary course of business or cannot pay his debts as they become due,
53 whether he has committed an act of bankruptcy or not, and whether he
54 is insolvent within the meaning of the federal bankruptcy law or not.
55 (4) Goods are in a "deliverable state" when they are in such a state
56 that the buyer would, under the contract, be bound to take delivery of
57 them.
CHAPTER 107
MONEY AND NEGOTIABLE INSTRUMENTS.
Sect.
money of account.
1. Money of account.
2. Accounts, etc., expressed in other
moneys.
INTEREST.
3. Rate of interest.
REGISTRATION OF BONDS AND OTHER SE-
CURITIES.
4. Issue of registered bonds.
5. Issue of new registered bonds.
6. Cities, etc., to keep registers of bonds.
Sect.
oeliqations not to be issued or re-
deemed in numerical order.
7. Bonds, etc., redeemable in numerical
order, etc., not to be issued.
8. Penalties.
BILLS OF EXCHANGE AND OTHER CONTRACTS.
9. Damages on bills payable outside the
United States.
10. Damages on other contracts.
11. Damages on bills payable outside the
commonwealth, but within the
United States.
12. Damages on bills payable within the
commonwealth.
1242
MONEY AND NEGOTIABLE INSTRUMENTS.
[Chap. 107.
Sect.
general provisions.
13. Protest prima facie evidence.
14. Non-negotiable instraments.
15. Negotiable instruments.
16. Notice to party signing on back.
17. Payment of check after death
drawer.
of
DEFINITIONS AND RULES.
18. Definitions.
19. Primary and secondary liability.
20. Reasonable time defined.
21. Instruments faUing due, etc., on Sun-
day, etc.
22. Rules of law merchant to govern,
when.
NEGOTIABLE INSTRUMENTS IN GENERAL.
Form and Interpretation.
23. Negotiable instruments, form, etc.
24. Sum payable.
25. Unconditional order or promise to pay.
26. Time of payment.
27. Negotiable character not affected by
certain provisions.
28. Same subject.
29. Payable on demand.
30. Payable to order.
31. Payable to bearer.
32. Terms sufficient, when.
33. Date of making, etc.
34. Not invalid if ante-dated, etc.
35. Holder may insert date, when.
36. When the holder may complete.
37. Incomplete instrument not a valid
contract, when.
38. Contract incomplete until delivery.
39. Rules of construction when language
is ambiguous.
40. Liability of certain persons.
41. Signature by agent.
42. Person signing not liable.
Signature by "procuration".
Endorsement, etc., by corporation or
infant.
._. Forged signature inoperative.
46. Liability of bank for payment of cer-
tain negotiable instruments, etc.
43.
44.
45.
Consideration.
47. Valuable consideration presumed.
48. Value.
49. Holder for value.
50. Holder for value to extent of lien.
61. Absence of consideration a defence.
52. Accommodation party.
Neaotiation.
63. Negotiation of instruments.
64. Endorsement.
65. Endorsement of entire instrument.
56. Endorsement spcci.al or in blank.
57. Special endorsement.
Sect.
58. Holder may convert blank to special,
when.
59. Restrictive endorsement.
60. Rights of endorsee thereunder.
61. Qualified endorsement.
62. Conditional endorsement.
63. Special endorsement of instrument
payable to bearer.
64. Endorsement by payees, etc., not
partners.
65. Instrument payable to bank, when.
66. Misspelled name.
67. Endorser in a representative capacity.
68. Endorsement dated after maturity;
effect.
69. Place of endorsement.
70. Limit of negotiability.
71. Holder may strike out endorsement.
72. Transfer of instrument.
73. Reissue of instrument.
Rights of the Holder.
74. Rights of holder.
75. Holder in due course.
76. Negotiation of instrument payable on
demand.
77. Defect in title.
78. Same subject.
79. Notice of defect in title.
80. Holder in due course free from equi-
ties.
81. Rights of holder other than holder in
due course.
82. Holder to prove title.
Liabilities of Parties.
S3. Liability of maker.
84. Liability of drawer.
85. Liability of acceptor.
86. When a person is an endorser.
87. Liability of such endorser.
88. Instrument negotiated by delivery, etc.
89. Endorser without qualification.
90. Liability of the endorser.
91. Endorsers liable in order of endorse-
ments.
92. Liability of broker or agent.
Presentment for Payment.
93. Presentment for payment.
94. Time of presentment.
95. Presentment, by whom.
96. Place of presentment.
97. Instrument to be delivered to party
paying.
98. Presentment at bank.
99. Where person liable is dead.
100. Where persons are liable as partners.
101. Where there are several persons, not
partners.
102. Presentment not required, when.
103. Same subject.
104. Delay excused, when.
105. Presentment dispensed with, when.
Ch.^p. 107.]
MONEY AND NEGOTIABLE INSTRUMENTS.
1243
Sect.
106. Instrument dishonored, when.
107. Right of recourse accrues, when.
108. Time of payment of negotiable instru-
ments.
109. Comput.ition of time.
110. If payable at a bank.
111. Payment in due course.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
1.34.
135.
136.
137.
138.
139.
140
141
Notice of Dishonor.
Notice of dishonor.
Notice, how given.
Who to give notice of dishonor.
Effect of notice given on behalf of
holder.
Effect of notice.
Notice, to whom given when instru-
ment is dishonored in hands of
agent.
Written notice need not be signed and
may be supplemented, etc.
Form and manner of giving notice.
Notice, to whom given.
Notice in case of death.
Notice to partners.
Notice to parties not partners.
Notice if party is bankrupt, etc.
Notice on dishonor.
Time of giving notice in certain cases.
Same subject.
Notice deposited in post ofBce suffi-
cient.
Same subject.
Time given to party receiving notice.
Notice sent to special address.
Notice may be waived.
Waiver binds whom.
Waiver of protest.
When notice is dispensed with.
When delay is excused.
When notice is not required.
. Same subject.
I. Notice of dishonor by non-acceptance
I. Effect of omission to give notice.
Instrument dishonored may be pro
tested.
Discharge.
142. Discharge of negotiable instruments.
143. Discharge of person secondarily liable.
144. Effect of payment by party second-
arily liable.
145. Holder may renounce rights.
146. Unintentional cancellation inopera-
tive.
147. Effect of alteration.
148. Material alteration defined.
BILLS OF EXCHANGE.
Form and Interpretation.
149. Requisites of bill of exchange.
150. Liability of drawee.
151. Address.
Sect.
152. Inland bill of exchange.
153. If drawer and drawee are same.
154. Referee in case of need.
Acceptance.
155. Acceptance of bill.
156. Acceptance written on bill, when.
157. W' ritten acceptance binding, when.
158. Unconditional promise.
159. Time allowed drawee.
160. Destruction of bill, etc., an accept-
ance.
161. Incomplete bill accepted.
162. Acceptance general or qualified.
163. General acceptance.
164. Qualified acceptance.
165. Holder may refuse qualified accept-
ance.
Presentment for Acceptance.
166. Presentment for acceptance.
167. Presentment within reasonable time.
168. Presentment at a reasonable hour,
on a business day, etc.
169. Presentment for acceptance same as
presentment of negotiable instru-
ment for payment.
170. Necessary delay excused.
171. Presentment excused, when.
172. Bill dishonored, when.
173. Right of recourse lost, when.
174. Right of recourse accrues to holder,
when.
Protest.
175. Foreign bill protested, when.
176. Protest made by whom.
177. Protest annexed to bill.
178. Protest to be made on day of dis-
honor.
179. Protest at place where dishonored.
180. Protest for non-payment after protest
for non-acceptance.
181. Protest for better security, when.
182. Protest unnecessary, when.
183. Protest made on copy, etc.
Acceptance for Honor.
184. Acceptance for honor.
185. Acceptance for honor must be in
writing.
186. Acceptance for honor of drawer.
187. Liability of acceptor for honor.
188. Same subject.
189. Maturity of bill accepted for honor.
190. Bill accepted for honor protested,
when.
191. Presentment for payment to acceptor
for honor.
192. Certain pro\'isions to apply.
193. Effect of dishonor of bill by acceptor
for honor.
1244
MONEY AND NEGOTIABLE INSTRUMENTS.
[Chap. 107.
Sect.
Payment for Honor.
194. Payment for honor.
195. Such payment to be attested by no-
tarial act of honor.
196. Notarial act of honor.
197. Preference.
198. When parties discharged.
199. When right of recourse lost.
200. Payer for honor entitled to bill and
protest.
Bills in a Set.
201. Bills in a set.
202. True owner.
Sect.
203. Liability of endorsers.
204. Acceptance.
205. Liability of acceptor.
206. Set discharged, when.
PROMISSORY NOTES A^fD CHECKS.
207. Promissory note defined.
208. Check defined.
209. Time for presentation of check.
210. Certification constitutes an accept-
ance.
211. Endorsers discharged, when.
212. Liability of bank to holder.
Money of
account.
1794, 42, § 1.
R. S. 35, § 5.
G. .S. 53, § 1.
P. S. 77, § 1.
R. L. 73, % 1.
MONEY OF ACCOL'NT.
Section 1. The money of account of the commonwealth shall be 1
the dollar, cent and mill. Proceedings in court, accounts in the public 2
offices and other public accounts shall be had and kept in accordance 3
herewith. ^
U. S. Rev. Sis. § 3563.
Accounts, etc.,
expressed in
other moneys.
1794, 42, § 2.
R. S. 35, § 6.
G. S. 53, § 2.
P. S. 77, § 2.
Section 2. The preceding section shall not vitiate or affect an 1
account, charge or entry made, or a note, bond or other instrument 2
expressed in any other money of account; but in a suit thereon such 3
other money shall be reduced to dollars and fractions thereof. 4
R. L. 73, § 2. 262 Mass. 362.
Rate of in-
terest.
C. L. 153, § 3.
1693, 1.
1749-50,23, §1.
1783, 55.
1825, 143.
1826, 27.
R. S. 35, §
1846, 199
G.S. 53, §§3-5.
1863, 242.
1867,56, §§1,2.
il-4.
INTEREST.
Section 3. If there is no agreement or provision of law for a dif- 1
ferent rate, the interest of money shall be at the rate of six dollars on 2
each hundred for a year, but, except as provided in sections seventy- 3
eight, ninety, ninety-two, ninety-six and one hundred of chapter one 4
hundred and forty, it shall be lawful to pay, reserve or contract for any 5
rate of interest or discount. No greater rate than tiiat before mentioned 6
shall be recovered in a suit unless the agreement to pay it is in writing. 7
1870, 292.
P. S. 77, § 3.
R. L. 73, § 3.
112 Mass. 63.
125 Mass. 562.
129 Mass. 82, 425.
139 Mass. 360, 407.
148 M.ass. 231.
152 Mass. 74, 316.
176 Mass. 38.
218 Mass. 91.
220 Mass. 429.
255 Mass. 359.
270 Mass. 565.
2 Op. A. G. 442.
Issue of regis-
tered bonds.
1876. 238. § 1.
P. S. 77, § 5.
R. L. 73, § 4.
1915, 121, % 1.
REGISTRATION OF BONDS AND OTHER SECURITIES.
Section 4. A county, city, town or district or any corporation 1
organized under the laws of the commonwealth may, at the request of 2
the owner or holder of a bond, promissory note or certificate of indebted- 3
ness issued by it payable to bearer, at any time more than one year before 4
maturity thereof, issue in exchange therefor a bond, note or certificate of 5
the same effect, payable to the owner or holder by name. Coupon or 6
registered bonds, notes or certificates of a city, town or district may 7
be surrendered to the city, town or district treasurer for cancellation 8
and in exchange therefor one or more registered bonds, notes or certifi- 9
cates having the same maturity and rate of interest, may be issued to 10
the same or to a new owner or owners. In cities, such new bonds, notes 11
or certificates shall be signed by the treasurer and countersigned by the 12
CllAP. 107.] NEGOTIABLE INSTRUMENTS. 1245
13 city auditor or comptroller and the mayor, or their successors in office.
14 In towns, such new bonds, notes or certificates shall be signed by the
15 treasurer and countersigned by a majority of the selectmen. In districts,
16 such new bonds, notes or certificates shall be signed by the treasurer and
17 countersigned by the prudential committee or other body exercising
IS similar powers. The expense involved in surrendering and in making
19 the cancellation and reissue of any bond, promissory note or certificate
20 of indebtedness under this section or under any other law applicable
21 thereto shall be borne by the party requesting such cancellation and
22 reissue.
1 Section 5. A person to whom a bond, note or certificate issued JegbtercS^'^
2 under the preceding section is transferred by operation of law or by igyg^'gjg = ,
3 assignment acknowledged before an officer authorized to take acknowl- p- s.'tt, §6.
4 edgments of deeds conveying real property in this commonwealth, shall
5 be entitled in exchange therefor to a new bond, note or certificate of
6 the same efi'ect, payable to him by name.
1 Section 6. Such county, city, town, district or corporation shall keep'eg^st'era
2 keep a register showing the number, date, amount and rate of interest Jg7g°.?|g =3
3 of each bond, promissory note or certificate of indebtedness issued by p. s.'f?, §7.
4 it under the two preceding sections; of the time when payable and the
5 name of the payee; and of the bonds, notes or certificates, if any, re-
6 ceived in exchange therefor; and shall be entitled to a fee of fifty cents
7 for each bond, note or certificate so registered.
obligations not to be issued or redeemed in numerical order.
1 Section 7. No person shall issue, negotiate or sell any bonds. Bonds, etc.. re-
2 certificates or obligations of any kind, which are by the terms thereof nu^ricai'"
3 to be redeemed in numerical order or in any arbitrary order of prece- to'be'islued""'
4 dence without reference to the amount previously paid thereon by r^ltI^'sV'
5 the holder thereof, whether thev are sold on the instalment plan or I^js. 454. § i .
. . 1 11 '1 11 -n 11* ^^'^ Mass. 513.
6 otherwise, nor shall any person redeem any bonds, certificates or obliga- isi Mass. sie.
7 tions in such order, whether they are sold on the instalment plan or 2 0p. a^g. 4oi.
8 otherwise.
1 Section 8. Violations of the preceding section shall be punished by Penalties.
2 a fine of not more than two thousand dollars or by imprisonment for §§2-4. '
3 not more than one year. Any such violation, if by a domestic corpo- fgos,' 454,^*2.
4 ration, shall operate as a forfeiture of its franchise and, if by a foreign Jls^j^ags' |i|'*'
5 corporation, association or organization, as a discontinuance of its i*^ Mass. sie.
6 right to do business in the commonwealth; and the supreme judicial 2 0p. a.g. 4oi.
7 or superior court, upon the application of the commissioner of corpo-
8 rations and taxation, may enjoin such foreign corporation, association
9 or organization from further continuing its business in the common-
10 wealth. The court may appoint a receiver to take possession of the
11 property of such corporation, association or organization, and to close
12 up the business, subject to the order of the court.
BILLS OF exchange AND OTHER CONTR.\CTS.
1 Section 9. When a bill of exchange, drawn or endorsed within this Damages on
2 commonwealth and payable beyond the limits of the United States, is omside'the'^
3 duly protested for non-acceptance or non-payment, the party liable [825?171'',''m'
1246
NEGOTIABLE INSTRtlMENTS.
[Chap. 107.
R. S. 33, § 1.
G. S. 53, §11.
1863, 201, § 2.
P. S. 77. § 18.
R. L. 73, § 9.
239 Mass. 249.
240 Mass. 413.
245 Mass. 511.
thereon shall, on due notice and demand, pay it at the current rate of 4
exchange on the date of the demand, with interest from the date of the 5
protest and damages at the rate of five per cent upon the principal 6
thereof; and the amount of principal, interest and damages shall be in 7
satisfaction of all charges, expenses and damages. &
Damages on
other con-
tracts.
1863, 201, § 1.
P. S. 77, § 19.
R. L. 73, § 10.
239 Mass. 4$,
249.
Section 10. In an action on a contract, other than a bill of ex- 1
change, for the payment of money beyond the limits of the United 2
States, the amount to be recovered by the creditor shall be determined 3
by the current rate of exchange on the date when such contract becomes 4
due, with interest from such date. * 5
Damafzes on
bills payable
outside the
commonwealth,
but within the
United States.
1819. 41, § 1.
1820, 2.
R. S. 33. § 3.
1837, 239.
G. S. 53, § 13.
P. S. 77, § 20.
R. L. 73, § 11.
Section 11. The rates of damages to be allowed upon a bill of 1
exchange duly protested for non-acceptance or non-payment, if drawn 2
or endorsed within this commonwealth and payable at a place beyond 3
its limits but within the United States, shall, in addition to the principal 4
thereof with interest and costs, be as follows: if payable in Maine, 5
New Hampshire, Vermont, Rhode Island, Connecticut or New York, 6
two per cent; in New Jersey, Pennsylvania, Maryland or Delaware, 7
three per cent; in Virginia, West Virginia, North Carolina, South 8
Carolina or Georgia, or in the District of Columbia, four per cent; 9
and in any other of the United States or in any territory thereof, five 10
per cent.
11
Damages on
bills payable
Section 12. The rate of damages upon a bill of exchange or order
within the com- fgp ^}^g payment of not less than one hundred dollars, drawn or endorsed
monwealth . , . \ '' , , i i i •
Within the commonwealth and payable therein at a place not less than
seventy-five miles distant from the place where it is drawn or endorsed,
when such bill or order is not duly accepted or paid, shall be one per cent
in addition to the principal thereof, with interest thereon.
1819, 41, §2,
R. S. 33, §4.
G. S. .53, § 14.
P. S. 77, §21.
R. L. 73, § 12.
Protest prima
facie evidence.
1880, 4.
P. S. 77, § 22.
R. L. 73, § 13.
154 Mass. 105.
165 Mass. 555.
GENERAL PROVISIONS.
201 Mass. 341.
245 Mass. 325.
249 Mass. 184.
252 Mass. 326.
255 Mass. 569.
259 Mass. 229.
Section 13. The protest of a bill of exchange, promissory note or 1
order for the payment of money certified by a notary public under his 2
hand and official seal shall be prima facie evidence of the facts stated 3
in such protest, and of the giving of notice to the drawer or endorser. 4
262 Mass. 152.
Srumln'ts*''''^ SECTION 14. A non-ncgotiablc order or draft for money payable
p. s. 77, §§11, within the commonwealth in which no time of payment is expressed,
R. L. 73, § 14. shall be payable on demand. Section one hundred and eight shall
apply to all non-negotiable instruments and contracts, except that non-
negotiable contracts other than non-negotiable bills of exchange, drafts,
promissory notes, checks and orders for the payment of money shall
be payable or perforraable on Saturday when they fall due on that day,
unless it is a holiday. Section one hundred and fifty-nine shall apply
to non-negotiable bills of exchange and drafts.
i'listVm'neiits. Section 15. Except as provided in the preceding section, sections 1
R. L. 73, § 15. eighteen to two hundred and twelve, inclusive, shall apply to negotiable 2
instruments only. 3
Chap. 107.] negotiable instruments. 1247
1 Section 16. A person becoming a party to a non-negotiable promis- Notice to^party
2 sory note payable on time, by a signature in blank on the back thereof, back. ^"^
3 shall be entitled to notice of non-payment the same as an endorser.
p. S. 77, § 15. R. I- 73, § 16. 168 Mass. 537. 173 Mass. 436.
1 Section 17. A depositary of funds subject to withdrawal by check J',^yj^™'j^°/
2 or demand draft may pay a check or demand draft drawn on it by a d^t^h of
3 depositor having funds on deposit to pay the same, notwithstanding 1885,110, § i.
4 his death, upon presentation within ten days after its date.
DEFINITIONS AND RULES.
1 Section IS. In sections eighteen to two hundred and twelve,^ in- Definitions.
2 elusive, the following words, unless the context otherwise requires, § i9i. '
, ,. , . R. L. 73, § 207.
3 shall have the following meanings: 1912,277, §3.
4 "Acceptance", an acceptance completed by delivery or written J^§ ^^^^: |5^-
,. .-n .■ 165 Mass. 384.
5 notincation. is? Mass. 159.
6 "Action" includes coiuiter-claim and set-off. illMS:!??:
7 "Bank" includes anv person carrying on the business of banking, 249 Mass. 45.'
8 whether incorporated or not. sop.A. G.342.
9 "Bearer", the person in possession of a bill or note payable to bearer.
10 "Bill", a bill of exchange, and "note", a negotiable promissory
11 note.
12 "Delivery", transfer of possession, actual or constructive, from one
13 person to another.
14 "Endorsement", an endorsement completed by delivery.
15 "Holder", the payee or endorsee of a bill or note, who is in possession
16 of it, or the bearer thereof.
17 "Instrument" and "negotiable instrument" shall have the same
18 meaning and shall not include a bill of lading, warehouse receipt or
19 certificate of stock.
20 "Issue", the first delivery of the instrument, complete in form, to a
21 person who takes it as a holder.
22 "Value", valuable consideration.
23 " Written " includes printed, and " writing " includes print.
1 Section 19. The person "primarily" liable on an instrument is the Primary and^
2 person who by the terms thereof is absolutely required to pay the same. bmty.
3 All other parties are " secondarily" liable.
1898, 533, § 192. R. L. 73. § 208. 212 Mass. 205. 266 Mass. 413.
1 Section 20. In determining what is a "reasonable time" or an Reasonable
,.,,, 1 , e ^\ • ^ J. time defined.
2 "unreasonable time regard is to be had to the nature of the instrument, i898, 533, § 193.
3 the usage of trade or business, if any, with respect to such instruments, fsiVa^s's. 69. '
4 and the facts of the particular case.
194 Mass. 418. 227 Mass. 71.
1 Section 21. Unless otherwise provided, where the day, or the last J°|^[™'3^^f=,te..
2 day, for doing any act herein required or permitted to be done falls on ^^gf^^^^^^f^l^
3 Sunday or on a holiday, the act may be done on the next succeeding r. l.' 73. '§ 2io.'
4 secular or business day.
"1 Section 22. In any case not provided for in sections eighteen to Mes^oUaw
2 twenty-one and twenty-three to two hundred and twelve, both inclusive, govern, when.
3 the rules of the law merchant shall govern.
1898, 533, § 196. R. L. 73, § 212. 247 Mass. 366. 249 Mass. 45.
1248
NEGOTIABLE INSTRUMENTS.
IChap. 107.
Negotiable in-
struments,
form, etc.
124 Mass. U9.
15 Mass. 387.
22 Pick. 83.
4 Met. 230.
11 Gray, 502.
4 Met. 230.
Ill Mass. 523.
119 Mass. 137.
133 Mass. 151.
NEGOTIABLE INSTRXJMENTS IN GENERAL.
Form and Interpretation.
Section 23. An instrument to be negotiable must conform to the
following requirements:
1898 533 § 1. 243 Mass. 218. 256 Mass. 281. 266 Mass. 239.
R. L. 73, § 18. 248 Mass. 480. 262 Mass. 242. 271 Mass. 292.
239 Mass. 590.
1. It must be in writing and signed by the maker or drawer;
266 Mass. 583.
2. Must contain an unconditional promise or order to pay a sum
certain in money;
2 Allen, 236.
7 Allen, 333.
12 Allen, 4.54.
Ill Mass. 523.
119 Mass. 137.
122 Mass. 67.
124 Mass. 149.
126 Mass. 342.
127 Mass. 293.
134 Mass. 343.
1.51 Mass- 115.
167 Mass. 74.
184 Mass. 307.
201 Mass. 172.
230 Mass. 256.
236 Mass. 453.
258 Mass. 124.
3. Must be payable on demand or at a fixed or determinable future 6
time;
140 Mass. 218.
218 Mass. 30.
4. Must be payable to order or to bearer; and 8
5. Where the instrument is addressed to a drawee he must be named 9
or otherwise indicated therein with reasonable certainty. 10
Sum payable.
1898, 533, § 2.
R. L. 73, § 19.
248 Mass. 480.
266 Mass. 239.
122 Mass. 67.
134 Mass. 343.
Section 24. The sum payable is a sum certain within the meaning 1
of sections eighteen to two hundred and twelve, inclusive, although it is 2
to be paid: 3
1. With interest; or 4
2. By stated instalments; or 5
3. By stated instalments, with a provision that, upon default in pay- 6
ment of any instahnent or of interest, the whole shall become due; or 7
4. Withexchange, whether at a fixed rate or at a current rate; or 8
5. With costs of collection or an attorney's fee, in case payment shall 9
not be made at maturity. 10
OTde?OT'p?om- Section 25. An unqualified order or promise to pay is uncondi- 1
i'898°533§3 tional withiu the meaning of sections eighteen to two hundred and 2
R. l'. 73, § 2o'. twelve, inclusive, though coupled with : 3
266 Mass. 239.
1. An indication of a particular fund out of which reimbursement is 4
to be made, or a particular account to be debited with the amount; or 5
2. A statement of the transaction which gives rise to the instrument. 6
But, except as otherwise expressly provided by law, an order or prom- 7
ise to pay only out of a particular fund is not unconditional. 8
4 Gush. 606.
137 Mass. 351.
14 Pick. 268.
6 Gush. 6.
109 Mass. 36.
134 Mass. 245.
Time of pay-
ment.
1888, 329.
1898, 533, 5 4.
R. L. 73, § 21.
10 Pick. 228.
4 Met. 230.
Section 26. An instrument is payable at a determinable future 1
time, within the meaning of sections eighteen to two hundred and 2
twelve, inclusive, which is expressed to be payable : 3
243 Mass. 218. 266 Mass. 239.
1. At a fixed period after date or sight; or
125 Mass. 365.
184 Mass. 116.
2. On or before a fixed or determinable future time specified therein;
or
Ch.'VP. 107.] NEGOTIABLE INSTRUMENTS. 1249
7 3. On or at a fixed period after the occurrence of a specified event, 8 Met. 12.
8 which is certain to happen, though the time of happening is uncertain. "'^'
9 An instrument payable upon a contingency is not negotiable, and the
10 happening of the event does not cure the defect.
1 Section 27. An instrument which contains an order or promise to Negotiable
2 do any act in addition to the payment of money is not negotiable. But afiected'by'cer-
3 the negotiable character of an instrument otherwise negotiable is not is'gsS^Ts.^'
4 affected by a provision which :
R. L, 73, § 22. 266 Mass. 239. 271 Mass. 186.
5 1. Authorizes the sale of collateral securities in case the instrument is 122 Mass. 67.
6 not paid at maturity ; or '"'* '''^^- ''«•
7 2. Authorizes a confession of judgment if the instrument is not paid i*" m=^- 218.
8 at maturity; or
9 3. Waives the benefit of any law intended for the advantage or pro-
10 tection of the obligor; or
11 4. Gives the holder an election to require something to be done in 230 Mass. 256.
12 lieu of payment of money.
13 But nothing in this section shall validate any provision or stipulation
14 otherwise illegal.
1 Section 28. The validity and negotiable character of an instru- same subject.
2 ment are not affected by the fact that: g. s.'ss, § 6.
p. S. 77. § 4. 1898, 533, § 6. R. L. 73, § 23. 149 Mass. 492.
3 1. It is not dated; or
4 2. Does not specify the value given, or that any value has been given 3 Met. ses.
r . 1 !• IT 1 o > ^ o 236 Mass. 453.
5 therefor; or
6 3. Does not specify the place where it is drawn or the place where it
7 is pavable; or
8 4. Bears a seal; or _ _ fi^AfasflM.
9 5. Designates a particular kind of current money in which payment * Mass. 245.
10 is to be made. 103 Mass. 316.
11 But subdivision two shall not apply in cases where by statute the
12 nature of the consideration is required to be stated in the instrument.
1 Section 29. An instrument is payable on demand: demtnd.°°
1862, 130, § 2. 1898, 533, § 7. 245 Mass. 511. 265 Mass. 182.
P. S. 77, § 11. R. L. 73, § 24. 256 Mass. 125.
2 1. Where it is expressed to be payable on demand, at sight, or on lo Pick. 228.
3 presentation; or i3Pick.4i8.
4 Gray, 316. 125 Mass. 365. 133 Mass. 151. 146 Mass. 20, 118.
4 2. In which no time for payment is expres.sed. i64 Mass. lie.
5 Where an instrument is issued, accepted or endorsed, when overdue, is Pick. 260.
6 it is, as regards the person so issuing, accepting or endorsing it, payable
7 on demand.
1 Section 30. The instrument is payable to order where it is drawn Payable to
2 payable to the order of a specified person or to him or his order. It im'sss, § s.
3 may be drawn payable to the order of:
R. L. 73, § 25. lis Mass. 541. 173 Mass. 517.
4 1. A payee who is not maker, drawer or drawee; or
5 2. The drawer or maker; or
1250
NEGOTIABLE INSTRXJMENTS.
[Chap. 107
3 Pick. 321.
220 Mass. 429.
3. The drawee; or
4. Two or more payees jointly; or
5. One or some of several payees; or
6. The holder of an office for the time being.
106 Mass. .561. 150 Mass. 166.
6
7
8
9
Where the instrument is payable to order the payee must be named 10
or otherwise indicated therein with reasonable certainty. 1 1
Payable to
bearer.
5 Pick 526.
3 Gray, 502.
19 Pick. 99.
201 Mass. 103,
397.
234 Mass. 248.
Section 31. The instrument is payable to bearer:
1898. 533, § 9.
R. L. 73, § 26.
243 Mass. 174.
1. When it is expressed to be so payable; or 2
2. When it is payable to a person named therein or bearer; or 3
3. When it is payable to the order of a fictitious or non-existing per- 4
son, and such fact was known to the person making it so payable; or 5
245 Mass. 347. 259 Mass. 100.
4. When the name of the payee does not purport to be the name of 6
any person; or 7
5. When the only or last endorsement is an endorsement in blank. 8
240 Mass. 447.
243 Mass. 174.
Terms suffi-
cient, wiien
Section 32. The instrument need not follow the language of this
R^L 73% ^•'7" chapter, but any terms are sufficient which clearly indicate an inten-
.„„ ^j^^ ^^ conform to the requirements hereof.
243 Mass. 218.
Sg!l!tc."''''' Section 33. Where the instrument or an acceptance or any endorse-
r^l'7?V'V' ™cnt thereon is dated such date is deemed prima facie to be the true
sMass.'286. (jatc of thc making, drawing, acceptance or endorsement, as the case
7 Orav, o4,i. , u tj *
266 Mass. 239. may be.
Not invalid if
ante-dated, etc
Section 34. The instrument is not invalid for the reason only that 1
R^t 73% 2^' it is ante-dated or post-dated, provided this is not done for an illegal 2
ise'^Mass^sos ^'^ fraudulent purpose. The person to whom an instrument so dated is 3
delivered acquires the title thereto as of the date of delivery. 4-
Holder may
insert date,
when.
1898, 533, § 13.
R. L. 73, § 30.
10 Gush. 373.
Section 35. Where an instrument expressed to be payable at a 1
fixed period after date is issued undated, or where the acceptance of an 2
instrument payable at a fixed period after sight is undated, any holder 3
may insert therein the true date of issue or acceptance, and the instru- 4
ment shall be payable accordingly. The insertion of a wrong date does 5
not avoid the instrument in the hands of a subsequent holder in due 6
course; but as to him the date so inserted is to be regarded as the true 7
date. 8
When the
holder may
complete.
1898, .533, 5 14.
R. L. 73, 5 31.
10 Gush. 373.
2 Allen, 236.
125 Mass. 496.
ir>0 Mass. 574.
183 Mass. 140.
217 Mass. 462.
220 Muss. 429,
438, 445.
Section 36. Where the instrument is wanting in any material par-
ticular the person in possession thereof has a prima facie authority to
complete it by filling up the blanks therein. And a signature on a blank
paper delivered by the person making the signature, in order that the
paper may be converted into a negotiable instrument, operates as a
prima facie authority to fill it up as such for any amount. In order,
however, that any such instrument when completed may be enforced
against any person who became a party thereto prior to its completion,
CllAI>. 1(17.] NEGOTIABLE INSTRUMENTS. 1251
9 it must be filled up strictly in accordance with the authority given, and
10 within a reasonable time. But if any such instrument, after completion,
11 is negotiated to a holder in due course, it is valid and effectual for all
12 purposes in his hands, and he may enforce it as if it had been filled up
13 strictly in accordance with the authority given, and within a reasonable
14 time.
1 Section 37. Where an incomplete instrument has not been deliv- incomplete
2 ered it will not, it completed and negotiated without authority, be a ;. v,u,d c™-
3 valid contract in the hands of any holder, as against any person whose lS,s.' sxti 15.
4 signature was placed thereon before delivery.
1 Section 38. Every contract on a negotiable instrument is incom- ^^™|^iact m-^^
2 plete and revocable until' delivery of the instrument for the purpose of d|uvery^"° ^^
3 giving effect thereto. As between hnmediate parties, and as regards r. l'. 73, '§ 33. '
4 a remote party other than a holder in due course, the delivery, in order i'g^Hck. 499.
5 to be eft'ectual, must be made either by or under the authority of the Y'^^lf^Jl*-
6 party making, drawing, accepting or endorsing, as the case may be; and ^g;;^J; p*;
7 in such case the deli\ery may be shown to have been conditional, or 3 Gray, 502.
8 for a special purpose only, and not for the purpose of transferring the 3 Ail™, '192'.
9 property in the instrument. But where the instrument is in the hands ua Sss. 310.
10 of a holder in due course a valid delivery thereof by all parties prior to \ll Hlf^] If-
11 him so as to make them liable to him is conclusively presumed. Where \^ Hl^- f*;
12 the instrument is no longer in the possession of a party whose signature ^^^ ^:j^^^; ^p;
13 appears thereon a valid and intentional delivery by him is presumed 222 Mak 453.
14 until the contrary is proved.
244 Mass. 52S. 251 Mass. 296. 264 Mass. 20S.
con-
1 Section 39. Where the language of the instrument is ambiguous, f"'<"^°f^ ^.^^^
2 or there are omissions therein, the following rules of construction apply : fanguage is
1S74, 404. P. S. 77, § 15. 1898, 533, § 17. R. L. 73, § 34. ambiguous.
3 1. Where the sum payable is expressed in words and also in figures [^^^^^^^
4 and there is a discrepancy between the two the sum denoted by the ^ '"*■
5 words is the sum payable; but if the words are ambiguous or uncertain
6 reference may be had to the figures to fix the amount;
7 2. Where the instrument pro\ides for the payment of interest, with-
8 out specifying the date from which interest is to run, the interest runs
9 from the date of the instrument, and if the instrument is undated, from
10 the issue thereof;
11 3. Where the instrument is not dated it will be considered to be
12 dated as of the time it was issued;
13 4. Where there is a conflict between the written and printed provi-
14 sions of the instrument the written provisions prevail;
15 5. Where the instrument is so ambiguous that there is doubt whether loo Mass. 12^
16 it is a bill or note the holder may treat it as either at his election;
17 6. Where a signature is so placed upon the instrument that it is not 125 Mass. 134.
18 clear in what capacitv the person making the same intended to sign he 72/
11 128 Mass. 363.
19 IS to be deemed an endorser;
133 Mass. 2S4. KiS Mass. 537. 173 Mass. 122. 216 Mass. 521.
20 7. Where an instrument containing the words "I promise to pay" ^os^Masf 32.5.
21 is signed by two or more persons they are deemed to be jointly and 207 Mass. 36i.
22 severally liable thereon.
1252
NEGOTIABLE INSTRUMENTS.
[Chap. 107
Liability of SECTION 40. No person is liable on the instrument whose signature
certain persons. ' i • i • i • i i
1898, 533 U8. does uot appear thereon, except as herein otherwise expressly provided.
But one who signs in a trade or assumed name will be Uable to the
10 Mass. 360,
3 Pick. 297,
322.
same extent as if he had signed in his own name.
8 Pick. 56.
2 Met. 47.
6 Cush. 233.
7 Cush. 111.
5 Gray. 567.
16 Gray. 77.
4 Allen. 403.
5 Allen, 338,340.
7 Allen, 337.
8 Allen, 460.
98 Mass. 101.
104 Mass. 336.
106 Mass. 561.
Ill Mass. 368.
213 Mass. 414.
Signature by
agent.
1S9S. 533, 5 19.
R. L. 73, § 36.
Section 41. The signature of any party may be made by a duly 1
authorized agent. No particular form of appointment is necessary 2
for this purpose; and the authority of the agent may be established 3
as in other cases of agency. 4
Person signing
not liable.
1898, 533, § 20.
R. L. 73, § 37.
11 Mass. 288.
22 Pick. 158.
1 Cush. 228.
3 Cush. 339.
12 Gray, 474.
16 Gray, 77.
5 Allen, 338.
Section 42. Where the instrument contains, or a person adds to his
signature, words indicating that he signs for or on behalf of a principal,
or in a representative capacity, he is not liable on the instrument if he
was duly authorized; but the mere addition of words describing him
as an agent, or as filling a representative character, without disclosing
his principal, does not exempt him from personal liability.
8 Allen. 460. 119 Mass. 189. 141 Mass. 587. 234 Mass. 584.
98 Mass. 101. 120 Mass. 92.
106 Mass. 561. 122 Mass. 67.
Ill Mass. 368. 126 Mass. 119.
172 Mass. 513.
218 Mass. 324.
237 Mass. 89.
256 Mass. 19.
Signature by SECTION 43. A signature by "procuration" operates as notice that 1
i89|'|33.T2i. the agent has but a limited authority to sign, and the principal js bound 2
■ ' only in case the agent in so signing acted within the actual limits of his 3
authority. 4
Endorsement. SECTION 44. The endorsement or assignment of the instrument by a 1
poration™r corporation or by an infant passes the property therein, not\yithstanding 2
'"msSss. § 22. that from want of capacity the corporation or infant may incur no lia- 3
3 Gray, 215. bility thercoH. 4
Forged signa-
ture inopera-
tive.
1898, 533, § 23.
R. L. 73, § 40.
4 Allen, 447.
97 Mass. 498.
121 Mass. 157.
123 Mass. 393.
167 Mass. 31S.
171 Mass. 516,
S34.
249 Mass. 45.
Section 45. \Miere a signature is forged or made without authority
of the person whose signature it purports to be it is wholly inoperative,
and no right to retain the instrument, or to gi\e a discharge therefor,
or to enforce payment thereof against any party thereto, can be acquired
through or under such signature, unless the party against whom it is
sought to enforce such right is precluded from setting up the forgery or
want of authority.
Liability of Section 46. No bank shall be liable to a depositor, or to the drawer
mem oTc'fruin of a bill of exchange upon the bank, for an amount charged to or col-
Smems, Tt'c. lected from him on account of the payment by such bank of a negotiable
1912, 277, § 1. instrument upon which the signature of any party is forged, or which
is made, drawn, accepted or endorsed without authority, or which is
materially altered ; unless within one year after the return of such nego-
tiable instrument to such depositor or drawer, he shall notify the bank
in writing, by mail or otherwise, that, as the case may be, the signa-
ture of a party to the instrument is forged, or that the instrument
was made, drawn, accepted or endorsed without authority, or that it 10
has been materially altered. H
1
2
3
4
5
6
7
1
2
3
4
5
6
7
8
9
Chap. 107.] negotiablk instruments.
1253
Cormderation.
1 Section 47 Everv negotiable instrument is deemed prima facie to Valuable con-
2 have been issued for a valuable consideration, and every person whose sumed^^^ ^ ^^
3 signature appears thereon to have become a party thereto for value. r.'l'. 73,'§4i.'
■i Met -^fi.-? 144 Mass. 104. 212 Mass. 525. 2.59 Mass. 232.
?Cush.l68. H5MaLl56. 228 Mass. 549. 261 Mass. 221.
fi Co^h .3R4 167 Mass. 529. 234 Mass. 453. 21)6 Mass. 310.
5 Gray; 4^6: isO Mass. 371. 248 Mass. 496. 267 Mass. 483.
8 Gray, 589.
1 Section 48. Value is any consideration sufficient to support a vai||<!._.^^ ^ ^^
2 simple contract. An antecedent or pre-existing debt constitutes value, r. l'. 73. '§ 42. '
3 and is deemed such whether the instrument is payable on demand or at 3c'4h.\*62.
4 a future time.
163 Mass. 383. 201 Mass. 543. 244 Mass. 421. 259 Mass. 232.
165 Mass. 218. .503. 212 Mass. 525. 245 Mass. 440. 260 Mass. 449.
168 Mass. 86. 570. 222 Mass. 453. 248 Mass. 496. 272 Mass. 321.
183 Mass. 140. 242 Mass. 375. 251 Mass. 372.
1 Section 49. Where value has at any time been given for the instru- Holder for
2 ment the holder is deemed a holder for value in respect to all parties lm'533, 1 26.
3 who became such prior to that time.
1 Section 50. Where the holder has a lien on the instrument, arising Hojjjff Jo/^^^j^^
2 either from contract or bv implication of law, he is deemed a holder for on"e'n.°
0 1 ^ ^\ 4. J. f U-" r 1898,533, §27.
3 value to the extent oi his lien.
R L 73. § 44. 8 Met. 40. 98 Mass. 303. 218 Mass. 300.
9 Pick. 163. 1 Allen, 436. 502. 166 Mass. 42. 243 .Mass. 218.
1 Section 51. Absence or failure of consideration is matter of defence Absencje^of^con-
2 as against any person not a holder in due course; and partial failure of defe^n^i-g ^^g
3 consideration is a defence pro tanto, whether the failure is an ascer- r. l! 73, '§ 45. '
4 tained and liquidated amount or otherwise.
I Allen, 436. 139 Mass. 379. 236 Mass. 90. 249 Mass. 294.
97 Mass. 166. 163 Mass. 134. 243 Mass. 77. 264 Mass. 392.
131 Mass. 80. 165 Mass. 218, 246 Mass. 197. 266 Mass. 310.
132 Mass. 185. 503, 518. 247 Mass. 225. 272 Mass. 223.
1 Section 52. An accommodation partv is one who has signed the Accommoda-
, . , '.lI J. • • ^'"n party.
2 instrument as maker, drawer, acceptor or endorser, without receiving isos. ,533, § 29.
3 value therefor, and for the purpose of lending his name to some other Igis; 257,^ ^'^'
4 person. Such a person is liable on the instrument to a holder in due fg^jl^g
5 course, notwithstanding such holder at the time of taking the instru- ^^l?;^^,
6 ment knew him to be only an accommodation party.
9 Pick. 547. 97 Mass. 494. 201 Mass. 543. 244 Mass. 528.
9 Met. 297. 101 Mass. 57. 207 Mass. 323. 245 Mass. 317.
12 Met. 311. 105 Mass. 216. 212 Mass. 205. 249 Mass. 373.
4 Gush. 604. 115 Mass. 547. 213 Mass. 336. 258 Mass. 306.
7 Gush. 224. 158 Mass. 94. 220 Mass. 600. 259 Mass. 232.
II Gray, 125. 166 Mass. 27. 226 Mass. 330. 260 Mass. 449.
1 Allen, 499. 169 Mass. 297. 242 Mass. 375. 267 Mass. 483.
5 Allen, 330. 171 Mass. 514.
Negotiation.
1 Section 53. An instrument is negotiated when it is transferred from Negotiation of
^ 1 . I • I J. 1? J.1 instruments.
2 one person to another in such manner as to constitute the transferee the is98, 533, § 30.
3 holder thereof. If payable to bearer it is negotiated by delivery; if nj Mass! 451."
4 payable to order it is negotiated by the endorsement of the holder com- | p|^^; lll\
■5 pleted by delivery.
19 Pick. 99. 12 Met. 452. 6 Allen, 34. 217 Mass. 462.
21 Pick. 140. 7 Gush. 482. 100 Mass. 18. 243 Mass. 174.
5 Met. 201. 6 Gray, 570. 113 .Mass. 323. 266 Mass. 239.
1254
NEGOTIABLE INSTRXJMENTS.
[Chap. 107.
fsgi^mTsi. Section 54. The endorsement must be written on the instrument 1
18 pick^'63*^' i^-^^lf '^^ upon a paper attached thereto. The signature of the endorser, 2
173 Mass. 210. without additional words, is a sufficient endorsement. 3
243 Mass. 174. 271 Mass. 292.
Endorsement of
entire instru-
ment.
1898. 533, § 32.
R. I.. 73, § 49.
6 Allen. 34.
178 Mass. 564.
Section 55. The endorsement must be an endorsement of the entire 1
instrument. An endorsement which purports to transfer to the endorsee 2
a part only of the amount payable, or which purports to transfer the 3
instrument to two or more endorsees severally, does not operate as a 4
negotiation of the instrument. But where the instrument has been paid 5
in part it may be endorsed as to the residue. 6
Endorsement SECTION 56. An endorsement may be either special or in blank;
special or in i i • i • • i-r^ i i- ■ i
blank. and it may also be either restrictive, or qualined, or conditional.
1898, 533, § 33. R. L. 73, § 50.
Special en-
dorsement.
1898, ,533, § 34.
R. L. 73, 5 51.
9 Mass. 423.
15 Mass. 436.
267 Mass. 355.
Section 57. A special endorsement specifies the person to whom, or 1
to whose order, the instrument is to be payable; and the endorsement 2
of such endorsee is necessary to the further negotiation of the instru- 3
ment. An endorsement in blank does not specify any endorsee, and an 4
instrument so endorsed is payable to bearer and may be negotiated by 5
delivery. 6
ranve" biTnk Section 58. The holder may con\'ert a blank endorsement into a 1
whX'^'*'' special endorsement by writing over the signature of the endorser in 2
1S98, 533, § 35. blank any contract consistent with the character of the endorsement. 3
R. L. 73, § 52. 8 Pick. 47. 13 Met. 262.
11 Mass. 288. 19 Pick. 373. 3 Allen, 192.
Restrictive
endorsement.
6 Mass. 430.
132 Mass. 227.
3 Mass. 225.
0 Mass. 430.
181 Mass. 106.
Section 59. An endorsement is restrictive, which either: 1
1898, 533, § 36. R. L. 73, § 53.
1. Prohibits the further negotiation of the instrument; or 2
2. Constitutes the endorsee the agent of the endorser; or 3
148 Mass. .553. 151 Mass. 413.
3. Vests the title in the endorsee in trust for or to the use of some 4
other person. 5
But the mere absence of words implying power to negotiate does not G
make an endorsement restrictive. 7
Rights of en-
dorsee there-
under.
5 Mass. 543.
11 Met. 276.
Section 60.
the right:
A restrictive endorsement confers upon the endorsee
1898, 533, § 37.
R. L. 73, § 54.
1 . To receive payment of the instrument ;
2. To bring any action thereon that the endorser could bring;
156 Mass. 11. ISl Mass. 106.
3. To transfer his rights as such endorsee, where the form of the en-
dorsement authorizes him to do so.
But all subsequent endorsees acquire only the title of the first endorsee
under the restrictive endorsement.
1
2
3
4
dorscmelit"' SECTION ()1. A qualified endorsement constitutes the endorser a 1
r*"l' w'^'s m*' ni^'''^ assignor of the title to the instrument. It may be made by adding 2
3 Mass. 225. to the ciidorscr's signature the words "without recourse", or anv words 3
Chap. 107.] negotiable instruments. 1255
4 of similar import. Such an endorsement does not impair the negotiable u Pick. 268.
5 character of the instrument.
2 Allen, 434. 218 Mass. 376.
1 Section 62. Where an endorsement is conditional a party required fn""„'i.g^"""nt
2 to pay the instrument may disregard the condition and make payment [sss^ ■^^^■j^jl*'-
3 to the endorsee or his transferee, whether the condition has been ful-
4 filled or not. But any person to whom an instrument so endorsed is
5 negotiated will hold the same, or the proceeds thereof, subject to the
6 rights of the person endorsing conditionaHy.
1 Section 63. \Yhere an instrument payable to bearer is endorsed 5™;^me™"of
2 specially it may nevertheless be further negotiated by delivery; but '"^'''X"™'
3 the person endorsing specially is liable as endorser only to such holders bearer.
4 as make title through his endorsement.
1808, 533, § 40. R. L. 73, § 57. 4 Allen, 356.
1 Section 64. Where an instrument is payable to the order of two or Endorsement
2 more payees or endorsees who are not partners, all must endorse, unless not'ITartners."^"
3 the one endorsing has authority to endorse for the others.
1898, 333, 5 41. Ill .Muss. 314. 6 Gray, 570.
R. L. 73, § 58. 14 Pick. 268. 256 Mass. 281.
9 Mass. 334.
1 Section 65. W'here an instrument is drawn or endorsed to a person instrument
2 as "cashier", or other fiscal officer of a bank or corporation, it is deemed Cank^when.
3 prima facie to be payable to the bank or corporation of which he is such ^^^l[ ^l^\\l~^
4 officer, and may be negotiated either by the endorsement of the bank gg?'^'''^^- ^*'
5 or corporation, or by the endorsement of the officer.
17 Mass. 94. 1 Gush. 228. 212 Mass. 92.
18 Pick. 63. 9 Gush. 46. 217 Mass. 370.
21 Pick. 486.
1 Section 6G. Where the name of a payee or endorsee is wTongly Misspelled
2 designated or misspelled he may endorse the instrument as therein isos! 533, § 43.
3 described, adding, if he thinks fit, his proper signature.
R. L. 73, § 60. 11 Gush. 320. 141 Mass. 231.
1 Section 67. Where any person is under obligation to endorse in a Endorser in a
2 representative capacity he may endorse in such terms as to negative capacity.
3 personal liability.
1898, 533, § 44. 6 Mass. 58. 172 Mass. 513.
R. L. 73, § 61. 12 Gray, 474.
1 Section GS. Except where an endorsement bears date after the Endorsement
2 maturity of the instrument every negotiation is deemed prima facie to maturity:
3 have been effected before the instrument was overdue. ''^^'^'
1898, 533, § 45. 1 Met. 369. 3 Allen, 233.
R. L. 73, 5 62. 10 Gray, 343.
1 Section 69. Except where the contrary appears every endorsement Place of
2 is presumed to have been made at the place where the instrument is is9s,533, §46.
3 dated.
R. L. 73, § 63. 238 Mass. 62.
1 Section 70. An instrument negotiable in its origin continues to be i.imit of nego-
2 negotiable until it has been restricti\ely endorsed or discharged by pay- isos.'ms, § 47.
3 ment or otherwise.
R. L. 73. § 64.
1256
NEGOTIABLE INSTRUMENTS.
[Chap. 107.
Holder may
strike out en-
dorsement.
1898,533, §48.
R. L. 73. § 65.
8 Pick. 47.
234 Mass. 248.
Section 71. The holder may strike out any endorsement which is
not necessary to his title. The endorser whose endorsement is struck
out and all endorsers subsequent to him are thereby relieved from lia-
bility on the instrument.
243 Mass. 174. 245 Mass. 402.
Transfer of
instrument.
1898, 533, § 49.
R. L. 73. S 66.
13 Mass. 304.
24 Pick. 261.
1 Met. 369.
1 Cush. 300.
7 Cush. 595.
100 Mass. 18.
153 Mass. 536.
270 Mass. 565.
Section 72. Where the holder of an instrument payable to his
order transfers it for value without endorsing it the transfer vests in the
transferee such title as the transferor had therein, and the transferee
acquires, in addition, the right to have the endorsement of the trans-
feror. But for the purpose of determining whether the transferee is a
holder in due course the negotiation takes effect as of the time when
the endorsement is actually made.
1
2
3
4
5
6
7
Sstrume°nt Section 7.3. Whcrc an instrument is negotiated back to a prior
isosTs™ § 50. party, such party may, subject to sections eighteen to two hundred and
12 Mass.' 77. ' twclvc, inclusivc, reissue and further negotiate the same. But he is not
lit uTl 2ii: entitled to enforce payment thereof against any intervening party to
whom he was personally liable.
Rights of the Holder.
h Td'e" "" Section 74. The holder of a negotiable instrument may sue thereon
is98!'533, § 51. in his own name, and payment to him in due course discharges the
R. L- 73, § 68. ,
1^ T):„l. 1 TO .«^^4.n.i.^.mv^4.
Rights of
holder
i4Pick.'i72. instrument.
12 Met. 565.
10 Cush. 488.
3 Grav. 412.
9 Gray, 376.
4 Allen, 356.
5 Allen, 331.
9 Allen. 408.
112 Mass. 450.
113 Mass. 323.
117 Mass. 290.
125 Mass. 333.
126 Mass. 533.
127 Mass. 75.
128 Mass. 517.
129 Mass. 52.438.
166 Mass. 42.
225 Mass. 563.
234 Mass. 161.
246 Mass. 229.
252 Mass. 552.
260 Mass. 449.
269 Mass. 161.
Holder in due
course.
1898, 533, § 52.
218 Mass. 30.
11 Gray, 38.
4 Allen. 562.
168 Mass. 425.
8 Gray. 254.
168 Mass. 425.
187 Mass. 159.
205 Mass. 86.
213 Mass. 432.
220 Mass. 247.
221 Mass. 103.
Section 7.5. A holder in due course is a holder who has taken the
instrument under the following conditions:
R. L. 73, § 69.
238 Mass. 73.
243 Mass. 218.
245 Mass. 402.
246 Mass. 197,
249 Mass. 373.
250 Mass. 372.
254 Mass. 261.
229.
261 Mass. 116.
262 Mass. 170.
263 Mass. 525.
264 Mass. 392.
267 Mass. 483.
269 Mass. 161.
183 Mass. 140.
185 Mass. 245.
187 Mass. 449.
225 Mass. 563.
227 Mass. 12.
inff It.
222 Mass. 453.
270 Mass. 280.
1. That it is complete and regular upon its face; _ 3
2. That he became the holder of it before it was overdue, and without 4
notice that it had been previously dishonored, if such was the fact; 5
3. That he took it in good faith and for value; 6
4. That at the time it was negotiated to him he had no notice of any 7
infirmity in the instrument or defect in the title of the person negotiat- 8
9
Negotiation of
instrument
payable on
demand.
1839, 121, § 1,
Section 7fi. Where an instrument payable on demand is negotiated
an unreasonable length of time after its issue the holder is not deemed
a holder in due course.
1845, 68.
1857, 192.
1858, 70.
G. S. 53, § 10.
P. S. 77, I 14.
1898, 533, § ,53.
R. L. 73. § 70.
6 Pick. 259.
16 Pick. 92.
21 Pick. 193,
1 Met. 369.
2 Met. 288.
9S Mass. 294.
136 Mass. 487.
168 Mass. 425.
258 Mass. 7.
266 Mass. 239.
269 Mass. 161.
Chap. 107.] negotiable instruments. 1257
1 Section 77. Where the transferee receives notice of any infirmity in Defect in title.
2 the instrument or defect in the title of the person negotiating the same r.' l'. 7.), '§ 7i. '
3 before he has paid the full amount agreed to be paid therefor he will be 269"mms^i61.
4 deemed a holder in due course only to the extent of the amount thcre-
5 tofore paid by him.
1 Section 78. The title of a person who negotiates an instrument is Same subject.
2 defective within the meaning of sections eighteen to two hundred and r. l'. 73, '§ 72. '
3 twelve, inclusive, when he obtained the instrument, or any signature ii'&S'ii.^ss.'
4 thereto, by fraud, duress, or force and fear, or other unlawful means, uB"M^s.''i60.
5 or for an illegal consideration, or when he negotiates it in breach of '•^^ ^'^^^- ^^°-
6 faith, or under such circumstances as amount to a fraud.
21.3 Mass. 432. 226 Mass, 73. 246 Mass. 197. 269 Mass. 161.
225 Mass. 563. 230 Mass. 238. 264 Mass. 208. 273 Mass. 573.
1 Section 79. To constitute notice of an infirmity in the instrument Notice of defect
2 or defect in the title of the person negotiating the same the person to isqs, .533. §56.
3 whom it is negotiated must have had actual knowledge of the infirmity « pick. 452.
4 or defect, or knowledge of such facts that his action in taking the in- {4 pjct lei'
5 strument amounted to bad faith.
5 Met. 201. 108 .Mass. 497. 197 Mass. 596. 245 Mass. 377.
7 Met. 529. 123 Mass. 60. 201 Mass. 341. 246 Mass. 229.
6 Cush. 233. 127 Mass. 75. 220 Mass. 247. 260 Mass. 485.
10 Gray, 341. 149 Mass. 447. 225 Mass. 563. 262 Mass. 170.
15 Gray, 354. 187 Mass. 1.59. 230 Mass. 238. 269 Mass. 161.
1 Allen, 412, 502. 190 Mass. 472. 243 Mass. 47. 272 Mass. 321.
102 Mass. 503.
1 Section 80. A holder in due course holds the instrument free from HoMerindue
2 any defect of title of prior parties, and free from defences available to tr.™ eqi^ties.
3 prior parties among themselves, and may enforce payment of the in- r.^l. 7'3f'§74.'
4 strument for the full amount thereof against all parties liable thereon. l°Gray.'iit
9 Gray, 329. 107 Mass. 439. 167 Mass. 161. 238 Mass. 73.
16 Gray, 389. 118 Mass. 541. 168 Mass. 71, 243 Mass. 218.
1 Allen, 436. 502. 1.S6 Mass. 508. 86, 570. 255 Mass. 569.
101 Mass. 57. 161 Mass. 96. 187 Mass. 449. 262 Mass. 422.
105 Mass. 216. 166 Mass. 42. 235 Mass. 195. 269 Mass. 161.
1 Section 81. In the hands of any holder other than a holder in due Rights of
2 course a negotiable instrument is subject to the same defences as if it than'hoider^n
3 were non-negotiable. But a holder who derives his title through a holder )839';T27r§ i.
4 in due course, and who is not himself a party to any fraud or illegality J**| ^^•
5 affecting the instrument, has all the rights of such former holder inos.ss, |io.
o c 11 • • 11 p. b. /7, § 14.
6 respect or all parties prior to the latter.
1898.533,5 58. 11 Met. 398. 4 Allen, .562. 218 Mass. 300.
R. L. 73, § 75. 4 Cush. 456. 6 Allen, 34. 225 Mass. 563.
1 Met. 423. 6 Cush. 19. 13 Allen, 123. 262 Mass. 362.
2 Met. 58, 288. 4 Gray, 89. 104 Mass. 253. 264 Mass. 208.
6 Met. 7. 11 Gray, 38. 171 Mass. 514. 269 Mass. 161.
9 Met. 278. 12 Gray, 216. 205 Mass. 86.
1 Section 82. Every holder is deemed prima facie to be a holder in Holder to
2 due course; but when it is shown that the title of any person who has ?8'9s?533, § .59.
3 negotiated the instrument was defective the burden is on the holder to ucush.'5i.
4 prove that he or some person under whom he claims acquired the title {"^iTn/iv:^'
5 as holder in due course. But the last mentioned rule does not apply in }i} ^\lf^- \*f
6 favor of a party who became bound on the instrument prior to the 'jfi Mass. 508.
...%•'.. '^ 159 Mass. 158.
7 acquisition 01 such detective title.
163 Mass. 383. 226 Mass. 73. 246 Mass. 197. 264 Mass. 208.
168 Mass. 570. 243 Mass. 47, 174. 2.55 Mass. 569. 267 Mass. 483.
187 Mass. 1.59. 244 Mass. 411. 260 Mass. 449. 269 Mass. 161.
213 Mass. 432. 245 Maas. 377. 263 Mass. 76. 273 Mass. 573.
1258
NEGOTIABLE INSTRUMENTS.
[Chap. 107.
Liability of
maker.
1898, 533, § 60.
R. L. 73, § 77.
15 Mass. 433.
Liabilities of Parties.
Section 83. The maker of a negotiable instrument by making it
engages that he will pay it according to its tenor; and admits the ex-
istence of the payee and his then capacity to endorse.
3 Pick. 297.
I Met. 423.
6Cush. 19.
II Cush. 274.
9 Gray, 376.
13 Gray, 97.
10 Grav. 389.
4 Allen, 336, 353.
119 Mass. 383, 487.
121 Mass. 436.
125 Mass. 333.
128 Mass. 517.
140 Mass. 234.
146 Mass. 623.
154 Mass. 385.
160 Mass. 286.
164 Mass. 313.
165 Mass. 503.
166 Mass. 136.
212 Mass. 205.
255 Mass. 569.
Liability of
drawer.
1898, 533, § 61.
R, L. 73, § 78.
14 Mass. 116.
3 Pick. 414.
8 Pick. 79.
16 Pick. 535.
19 Pick. 117.
21 Pick. 327.
5 Grav. 108.
131 Mass. 281.
141 Mass. 231.
156 Mass. 395.
Section 84. The drawer, by drawing the instrument, admits the ex-
istence of the payee and his then capacity to endorse; and engages that
on due presentment the instrument will be accepted or paid, or both,
according to its tenor, and that if it is dishonored, and the necessary
proceedings on dishonor are duly taken, he will pay the amount thereof
to the holder, or to any subsequent endorser who may be compelled to
pay it. But the drawer may insert in the instrument an express stipula-
tion negativing or limiting his own liability to the holder.
265 Mass. 182.
Liability of
acceptor
The acceptor by accepting the instrument engages that 1
Section 85.
isgsrSs, 5 62. he will pay it according to the tenor of his acceptance; and admits:
R. L. 73, § 79.
249 Mass. 45.
? ^?f* ^?i, 1. The existence of the drawer, the genuineness of his signature, and
7 Alien, 361. , 1 . 1 1 • 1
106 iMass. 441. hjg capacity and authority to draw the instrument ; and
115 Mass. 547. 134 Mass, 331. 151 Mass. 280.
132 Mass. 1,56. 140 Mass. 144. 1.52 Mass. 34.
2. The existence of the payee and his then capacity to endorse.
h'arendorse™ SECTION 86. A pcrsou placing his signature upon an instrument
i**^g*'*°^. j5 otherwise than as maker, drawer or acceptor is deemed to be an en-
1898, 533, § 63. dorscr, unless he clearly indicates by appropriate words his intention to
125 Mass. 134. be bound in some other capacity.
127 Mass. 37, 72.
128 Mass. 363.
133 Mass. 284.
148 Mass. 596.
162 Mass. 156.
168 Mass. 537.
173 Mass. 122, 436.
190 Mass. 211.
193 Mass. 110.
216 Mass. 521.
217 Mass. 98.
218 Mass. 376.
235 Mass. 249.
244 Mass. 528.
246 Mass. 170.
259 Mass. 229.
266 Mass. 413.
267 Mass. 483.
271 Mass. 292.
272 Mass. 78.
Liability of
such endorser.
1898, 533, § 64.
R. L. 73, § 81.
216 Mass. 521.
187 Mass. 536.
190 Mass. 211.
217 Mass. 462.
187 Mass. 536.
244 Mass. 528.
Section 87. Where a person, not otherwise a party to an instru-
ment, places thereon his signature in blank before delivery, he is liable
as endorser in accordance with the following rules :
217 Mass. 98. 246 Mass. 170. 207 Mass. 483.
1. If the instrument is payable to the order of a third person he is
liable to the payee and to all subsequent parties;
2. If the instrument is payable to the order of the maker or drawer,
or is payable to bearer, he is liable to ail parties subsequent to the maker
or drawer;
3. If he signs for the accommodation of the payee he is liable to all
parties subsequent to the payee.
4
5
()
8
9
lU
Section 88. Every person negotiating an instrument by delivery 1
Instrument
negotiated by ■.,. i i j. j.
delivery, etc. or by qualihcd endorsement warrants:
1898, 533, § 65. 254 Mass. 605.
K. L. 73, § 82. 259 Mass. 232.
270 -Mass. 267.
Chap. 107.] negotiable instruments. 1259
3 1 . That the instrument is genuine and in all respects what it purports 6 Mass. 32i.
4 to be;
4 Gray, 156. 100 Mass. 487. 191 Mass. 168.
3 Allen, 258. 112 Mass. 30. 217 Mass. 98.
5 2. That he has a good title to it;
6 3. That all prior parties had capacity to contract ; i Met. 193.
7 4. That he has no knowledge of any fact which would impair the
8 validity of the instrument or render it valueless.
9 But when the negotiation is by delivery only the warranty extends
10 in favor of no holder other than the immediate transferee.
11 Subdivision three does not apply to persons negotiating public or cor-
12 porate securities, other than bills and notes.
1 Section 89. Every endorser who endorses without qualification war- Endorser with-
2 rants to all subsequent holders indue course: ton!*""''^"^^'
1839, 121. § 3. 1S9S, 533. 5 66. 249 Mass. 45. 259 Mass. 232.
G. S. 53, § 9. R. L. 73, § S3. ■ 254 Mass. 605. 267 Mass. 422.
P. S. 77, § 13.
3 1. The matters and things mentioned in subdivisions one, two and xg^pick'lss
4 three of the preceding section ; and
5 Met. 68. 7 Gray, 217. 167 Mass. 486.
5 2. That the instrument is at the time of his endorsement valid and J^Met^Igg
6 subsisting.
6 Gray, 90. 124 Mass. 506. 157 Mass. 548. 191 Mass. 168.
16 Gray, 389. 130 Mass. 153. 187 Mass. 536. 217 Mass. 98.
7 And, in addition, he engages that on due presentment it shall be
8 accepted or paid, or both, as the case may be, according to its tenor,
9 and that if it is dishonored, and the necessary proceedings on dishonor
10 are duly taken, he will pay the amount thereof to the holder or to any
11 subsequent endorser who may be compelled to pay it.
1 Section 90. Where a person places his endorsement on an instru- Liability ot the
2 ment negotiable by delivery he incurs all the liability of an endorser. isgs^sls. § 67.
R. L. 73, I 84. 187 Mass. 536.
1 Section 91. As respects one another endorsers are liable prima Endorsers Uabie
2 facie in the order in which they endorse; but evidence is admissible to cfonfements.^"
3 show that as between or among themselves they have agreed otherwise, u^t jT'^t^'
4 Joint payees or joint endorsees who endorse are deemed to endorse TCush.^ali.
5 jointly and severally.
7 Allen, 340. 162 Mass. 594. 263 Mass. 327. 271 Mass. 293.
8 Allen, 41. 173 Mass. 122. 207 Mass. 422. 272 Mass. 78.
98 Mass. 214. 244 Mass. 256.
1 Section 92. Where a broker or other agent negotiates an instru- Liability of
2 ment without endorsement he incurs all the liabilities prescribed by 1898^533,^^69!
3 section eighty-eight, unless he discloses the name of his principal and fMet^iQl.^^'
4 the fact that he is acting only as agent.
4 Gray, 156. 3 Allen, 258. 100 Mass. 487. 112 Mass. 30.
Presentment for Payment.
1 Section 93. Presentment for payment is not necessary to charge Presentment
2 the person primarily liable on the instrument; but if the instrument is Isos.^MsrlVo.
3 by its terms payable at a special place, and he is able and willing to pay ^p\^^\ii^^'
4 it there at maturity, such ability and willingness are equivalent to a l^Q^^-^i^-
1260
NEGOTIABLE INSTRUMENTS.
[Chap. 107.
les^Masf 255. tender of payment upon his part. But except as otherwise provided 5
239 Mass' 59o' '" ^'^'^ chapter presentment for paj-ment is necessary to charge the 6
247 Mass! 399. djawer and endorsers. 7
249 Mass. 14.
265 Mass. 182.
Time of pre-
sentment.
1839, 121, § 2.
G. S. 53, § 8.
P. S. 77, § 12.
1898, 533, § 71.
R. L. 73, § 88.
Section 94. Where the instrument is not payable on demand pre- 1
sentment must be made on the day it fails due. Where it is payable on 2
demand presentment must be made within a reasonable time after its 3
issue. 4
1918, 257, § 283.
1919, 5.
1920, 2.
13 Mas3. 131.
3 Pick. 414.
9 Pick. 420.
18 Pick. 260.
21 Pick. 267.
6 Met. 13.
11 Met. 400.
1 Gray, 496.
8 Gray, 221.
170 Mass. 356.
181 Mass. 69.
196 Mass. 397.
227 Mass. 71.
265 Mass. 182.
267 Mass. 181.
Presentment,
by whom.
1839, 121, § 2.
G. S. 53, S 8.
1 Pick. 401.
12 Pick. 399.
4 Met. 252.
4 Gray, 453.
227 Mass. 29.
Section 95.
made:
Presentment for payment, to be sufficient, must be
P. S. 77, § 12.
1898, 533, § 72.
E. L. 73, § 89.
247 Mass. 366.
1. By the holder, or by some person authorized to receive payment
on his behalf;
102 Mass. 141.
. 2. At a reasonable hour on a business day;
3. At a proper place as defined in this chapter;
4. To the person primarily liable on the instrument, or, if he is absent
or inaccessible, to any person found at the place where the presentment
is made.
Place of pre-
sentment.
13 Mass. 556.
12 Pick. 132.
18 Pick. 63.
6 Mass. 449.
3 Pick. 414.
16 Pick. 392.
10 Gray, 252.
227 Mass. 29.
8 Mass. 259.
12 Mass. 171.
3 Met. 495.
U Met. 290.
12 Gray, 469.
Section 96. Presentment for pajonent is made at the proper place:
1898, 533, § 73. R. L. 73, § 90. 247 Mass. 306.
1
1. Where a place of payment is specified in the instrument and it is
there presented;
6 Met. 308. 133 Mass. 339.
13 Gray, 154. 165 Mass. 384.
2. Where no place of pa\Tnent is specified, but the address of the
person to make payment is given in the instrument and it is there pre-
sented;
3. Where no place of payment is specified and no address is given
and the instrument is presented at the usual place of business or resi-
dence of the person to make payment;
4. In any other case, if presented to the person to make payment
wherever found, or if presented at his last known place of business or 11
residence. 12
13 Gray, 503. 129 Mass. 67. 158 Mass. 90.
9
10
Instrument to
be delivered to
party paying.
1898, 533, § 74.
R. L. 73, §91.
Section 97. The instrument must be exhibited to the person from 1
whom payment is demanded, and when it is paid must be delivered to 2
the party paying it. 3
8 Allen, 435. 245 Mass. 325. 266 Mass. 248.
165 Mass. 555. 247 Mass. 366.
Presentment
at bank.
1898, 533, § 75.
H. L. 73, § 92.
8 Gray, 225.
245 Mass. 325.
247 Mass. 366.
Section 9S. Where the instrument Is payable at a bank present-
ment for payment must be made during banking hours, unless the
person to make payment has no funds there to meet it at any time
during the day, in which case presentment at any hour before the bank
is closed on that day is sufficient.
Chap. 107.] negotl\ble instrtjments. 1261
1 Section 99. Where the person primarily Hable on the instrument is where person
2 dead, and no place of payment is specified, presentment for payment isus, 533, § 76.
3 must be made to his personal representative, if there is any such, and 12 Mass! le^^'
4 if, with the exercise of reasonable diligence, he can be found. ^ ^^"^^ ^^^'
1 Section 100. Where the persons primarily liable on the instrument where persons
2 are liable as partners, and no place of pavTnent is specified, presentment partMrs!* "^
3 for payment may be made to any one of them, even though there has R**^i^; y'lf'^ 94^'
4 been a dissolution of the firm. ^ P"^''- *°^-
1 Section 101. Where there are several persons, not partners, prima- where thereare
2 rily liable on the instrument, and no place of pajTueiit is specified, pre- norpartners™^'
3 sentment must be made to them all.
1898, 533, § 78. R. L. 73, § 95. 8 Met. 504. 8 Allen, 435.
1 Section 102. Presentment for paATnent is not required in order to Presentment
2 charge the drawer where he has no right to expect or require that the whe"'*""^'''''
3 drawee or acceptor will pay the instrument.
1898, 533, § 79. R. L. 73, § 96. 1 Gush. 228.
1 Section 103. Presentment for payment is not required in order to .samc subject.
2 charge an endorser where the instrument was made or accepted for his r^I'. Tsf'j 97°'
3 accommodation, and he has no reason to expect that the instrument
4 will be paid if presented.
1 Section 104. Delay in making presentment for payment is excused °^'J,^/ excused,
2 when the delay is caused by circumstances beyond the control of the jsss. ^F'.iS^-
3 holder, and not imputable to his default, misconduct or negligence. 7 Mass. 483.
4 When the cause of delay ceases to operate presentment must be made 11 Gray, 258.
5 with reasonable diligence. '™ ^'^'- ^^'^■
1 Section 105. Presentment for payment is dispensed with: Presentment
1898, 533, § 82. R. L. 73, § 99. 272 Mass. 78. when"^'^'^ '"""'
2 1. Where after the exercise of reasonable diligence presentment 6Mass.^449.
3 cannot be made; 6 Met. 290.'
12 Gush. 190, 210. 1 Gray, 175. 133 Mass. 339. 164 Mass. 112.
4 2. Where the drawee is a fictitious person;
5 3. By waiver of presentment, express or implied. 408^''^^' ^^^'
6 Met. 308. 5 Gray, 108. 8 Allen, 435. 155 Mass. 26.
1 Section 106. The instrument is dishonored by non-pajonent when : instrument dis-
1898, 533, § S3. R. L. 73, § 100. 265 Mass. 182. honored, when.
2 1. It is duly presented for payment and payment is refused or cannot i |ick 4oi.
3, 1 , - 1 3 Pick. 414.
be obtained; or
1 Met. 43. 15 Gray, 413. 102 Mass. 65.
4 2. Presentment is excused and the instrument is overdue and unpaid.
1 Section 107. Subiect to sections eighteen to two hundred and R'^iitofre-
. . 11. • . course accrues,
2 twelve, inclusive, when the instrument is dishonored bv non-pa\Tnent, "jx^" .„„ , „,
o * 1* ■ t e 11 • I'l'i'iil 1H98, oSd, § 84.
6 an immediate right oi recourse to all parties secondarily liable thereon R l. 73, § 101.
A X .Li u IJ 226 Mass. 330.
4 accrues to the holder.
265 Mass. 182.
1262
NEGOTIABLE INSTRUMENTS.
[Chap. 107.
Time of pay-
ment of nego-
tiable instru-
ments.
1S24. 130.
R. S. 33,
§§ 5, 6.
1838, 182.
18.5.5, 91.
18.56, 113,
« 1, 2.
G. S. 53, §§7,
15, 16.
1862, 1.30.
1863, 182.
1881, 71.
P. S. 77,
P8-10.
1894, 333; 427.
1893, 201;
415, § 3.
1896, 228; 496.
1898, 533, § 85.
1899, 130.
R. L. 73, § 102.
Section 108. Every negotiable instrument i.s payable at the time 1
fixed therein without grace, except that three day.s of grace shall be 2
allowed upon a draft or bill of exchange made payable within the com- 3
monwealth at sight, unless there is an express stipulation to the con- 4
trary. When the day of maturity falls upon Saturday, Sunday or a 5
holiday, the instrument is payable on the next succeeding business day 6
which is not a Saturday. Instruments payable on demand may, at 7
the option of the holder, be presented for payment before twelve o'clock 8
noon on Saturday when the entire day is not a holiday; provided, 9
that no person receiving any check, draft, bill of exchange or promissory 10
note payable on demand shall be charged with any neglect or omission 11
of duty, or incur any liability, for not presenting it for payment or 12
collection on a Saturday; provided, also, that it shall be duly presented 1.3
for payment or collection on the next succeeding business day. 14
1907, 204.
1910,417, §§ 1,2.
15 Mass. 193.
21 Pick. 310.
23 Pick. 473.
2 Met. 168.
12 Gush. 190.
13 Gray, 597.
4 Allen, 562.
146 Mass. 118,224.
259 Mass. 232.
S°tTme'*''™ Section 109. Where the instrument is payable at a fixed period 1
R ^L 7l^'uo3 ^^^^^ *^^^^' ^^^^^ ^'S'^* °'" '^^^^^ ^^'^ happening of a specified event, the 2
9 Gray, 199. time of payment is determined by excluding the day from which the 3
193 Mass^ s'ss'. time is to begin to run, and by including the date of payment. 4
2,53 Mass. 528.
270 Mass. 559.
If payable at SECTION 110. Where tile instrument is made pavable at a bank it is 1
a bank. i
1898, 533, § 87. equivalent to an order to the bank to pav the same for the account of 2
R. L. 73, § 104. ,^ . . , , , , ' * o
247 Mass. 366. the principal debtor thereon. 6
249 Mass. 14.
Payment in
due course.
Section 111. Payment is made in due course when it is made at or 1
^898, 533, MS. after the maturity of the instrument to the holder thereof in good faith 2
11 Mass: 334. and without notice that his title is defective.
19 Pick. 117. 20 Pick. 545.
161 Mass. 96.
Notice of
dishonor.
1839, 121, § 2.
G. S. 53, § 8.
P. S. 77, § 12.
1898, 533, S 89.
R. L. 73, § 106,
14 Mass. 116.
3 Pick. 414.
Notice of Dishonor.
Section 112. ^Except as otherwise provided in this chapter, when a 1
negotiable instrument has been dishonored by non-acceptance or non- 2
payment, notice of dishonor must be given to the drawer and to each 3
endorser, and any drawer or endorser to whom such notice is not given 4
is discharged. 5
8 Pick. 79, 423.
18 Pick. 558.
21 Pick. 327.
23 Pick. 305.
3 Gray, 334.
121 Mass. 121.
159 Mass. 404.
163 Mass. 2.55.
165 Mass. 555.
213 Mass. 326.
243 Mass. 190.
245 Mass. 325.
265 Mass. 182.
Notice, how
given.
1898, .533, § 90.
R. L. 73, § 107.
14 Mass. 116.
10 Allen, 522.
Section 113. The notice may be given by or on behalf of the holder,
or by or on behalf of any party to the instrument who might be com-
pelled to pay it to the holder, and who, upon taking it up, would have
a right to reimbursement from the party to whom the notice is given.
^teof^dis- Section 114. Notice of dishonor may be given by an agent either 1
i898,''533, § 91. ^^ ^^'s o^" name or in the name of any party entitled to give notice, 2
R. L. 73, 5 108. whether that party is his principal or not. 3
■-'70 Mass. 559.
Ch.\P. 107.] NEGOTIABLE INSTRUMENTS. 12G3
1 Sectiox llo. Where notice is given bv or on behalf of the holder it Effect of notice
,. ,1 ,, !• n 1 * 1 1 1 111 • • givon on behalf
2 enures tor the bciieht or all subsequent holders and all prior parties of holder.
3 who have a right of recourse against the party to whom it is given. u. l. h. '§ ioq!
1 Section 116. Where notice is given by or on behalf of a party Effect of notice.
2 entitled to give notice it enures for the l)enefit of the holder and all i{!'l! 73, Vnb!
3 parties subsequent to the party to whom notice is given.
1 Section 117. Wliere the instrument has been dishonored in the Notice, to
2 hands of an agent he may give notice to the parties liable thereon or to whenSr"-
3 his principal. If he gives notice to his principal he must do so within hlfnoredln"
4 the same time as if he were the holder, and the principal upon the receipt ^ggg^^sas"!™]'
5 of such notice has himself the same time for giving notice as if the agent R l. 73, § in.
0 had been an independent holder.
8 Pick. 51. 8 Met. 79. 132 Mass. 227.
1 Section 118. A written notice need not be signed and an insuffi- written notice
2 cient written notice may be supplemented and validated by verbal com- signed and may
3 munication. A misdescription of the instrument does not vitiate the nrenSetc.
4 notice unless the party to whom it is given is in fact misled thereby. ^*^*' ^^^' ^ ®^'
R. L. 73. § 112. 12 Mass. 6. 10 .Mien. 522.
1 Section 119. The notice may be in writing or merely oral, and may Formand
2 be given in any terms which sufficiently identify the instrument and in2"n"oTic° ^'^"
3 indicate that it has been dishonored by non-acceptance or non-payment, {ly,; ^
4 It may in all cases be given by delivering it personally or through the ^8(1,533? §96.
5 mails.
R. L. 73. § 113. 13 Met. 96. 422. 144 Mass. 406. 165 Mass. 555.
8 Mass. 260. 5 Cush. 546. 148 Mass. 181. 267 Mass. 361.
1 Pick. 401. 3 -Mien. 438. 149 Mass. 212. 270 Mass. 559.
16 Pick. 392. 121 Mass. 121. 151 Mass. 348.
1 Section 120. Notice of dishonor may be given either to the party Notice, to
2 himself or to his agent in that behalf. " omguen.
1898, 5.33, § 97. 142 Mass. 290. 267 Mass. 361.
R. L. 73, § 114. 144 Mass. 421.
1 Section 121. When any party is dead, and his death is known to Notice in case
2 the party giving notice, the notice must be given to a personal repre- i89s,%33, § as.
3 sentative, if there is one, and if with reasonable diligence he can be ^2 Pick^'206.'^'
4 found. If there is no personal representative notice may be sent to j22*^Mass^|9
5 the last residence or last place of business of the deceased.
1 Section 122. Where the parties to be notified arc partners notice Notice to
2 to any one partner is notice to the firm, even though there has been a isgs^sls, § 99.
3 dissolution.
R. L. 73, § 116. 12 .Mien, 443. 201 Mass. 341.
1 Section 123. Notice to joint parties who are not partners must be Notice to
2 given to each of them, unless one of them has authority to receive such partner""
3 notice for the others.
1898. 533, § 100. R. L. 73, § 117.
1 Section 124. Where a party has been adjudged a bankrupt or an Notice if party
2 insolvent, or has made a general assignment for the benefit of creditors, i898?533, '
3 notice may be given to the party himself or to his trustee or assignee. ^ '°^
R. L. 73, § 118. 142 Mass. 290. 144 Mass. 421.
1264
NKGOTIABLE INSTRUMENTS.
[Chap. 107.
Section 125. Notice may be given as soon as the instrument is dis-
honored; and unless delay is excused as hereinafter provided must be
Notice on
dishonor.
1898, 633,
R. L. 73, § 119. given within the times fixed by sections eighteen to two hundred and
14 Mass. 303. ? i • i •
1 Pick. 401. twelve, inclusive.
3 Pick. 414. 9 Pick. 420. 12 Cush. 190. 121 Mass. 121.
noScefn^cIJ"* SECTION 126. Where the person giving and the person to receive 1
ilgs'^slf § 103 notice reside in the same place notice must be given within the following 2
R. l! 73,'§i2o: times: 3
270 Mass. 559.
23 Pick. 305.
17 Mass. 449.
1. If given at the place of business of the person to receive notice it 4
must be given before the close of business hours on the day following; 5
2. If given at his residence it must be given before the usual hours of 6
rest on the day following; 7
3. If sent by mail it must be deposited in the post office in time to S
reach him in usual course on the day following. 9
Same subject.
1898.533. §104.
R. L. 73, § 121.
8 Allen, 38.
226 Mass. 113.
Section 127. Where the person giving and the person to receive 1
notice reside in different places the notice must be given within the 2
following times: 3
1. If sent by mail it must be deposited in the post office in time to 4
go by mail the day following the day of dishonor, or if there is no mail 5
at a convenient hour on that day, by the next mail thereafter; 6
2. If given otherwise than by mail, then within the time that notice 7
would have been received in due course of mail if it had been deposited 8
in the post office within the time specified in the preceding subdivision. 9
Notice depos-
ited in post
office sufficient.
1868, 265.
1871, 239.
Section 128. Where notice of dishonor is duly addressed and de- 1
posited in the post office the sender is deemed to have given due notice, 2
notwithstanding any miscarriage in the mails. 3
p. S. 77, § 16. 4 Met. 203. 3 Allen, 438.
1898, 533, § 105. 10 Cush. 557. 107 Mass. 444.
R. L. 73, § 122. 11 Gray, 387.
144 Mass. 406.
262 Mass. 152.
isS^lssTioe Section 129. Notice is deemed to have been deposited in the post 1
i54^1/^' \o5^' ^^^^ when deposited in any branch post office or in any letter box 2
under the control of the post office department. 3
Time given to Section 130. A party receiving notice of dishonor has, after receipt 1
party receivmg . '^ / . . " . • i i r.
notice. thereof, the same time tor giving notice to antecedent parties that the 2
1898i 533, § 107. - _ _ _ _
R. L. 73.'§ 124! holder has after the dishonor.
5 Met. 212
9 Met. 581.
2 AHen, 433.
3 Allen, 438.
S Allen, 38.
102 Mass. 177.
120 Mass. 92.
226 Mass. 113.
Section 131. Where a party has added an address to his signature
notice of dishonor must be sent to that address; but if he has not given
1. Either to the post office nearest to his place of residence, or to the
post office where he is accustomed to receive his letters; or
Notice sent
to special
address.
R. L. 73,'§ 125! such address then the notice must be sent as follows
8 Cush. 425.
4 Gray, 167.
15 Gray, 264.
4 Allen, 351.
107 Mass. 444.
120 Mass. 169.
128 Mass. 125.
2i7'Mass^98 ^- ^^ ^® ''^^^ '" °"*^ place, and has his place of business in another, 6
to either place; or 7
16 Pick. 392. 3 jf j,g jy sojoumiug ill another place, to the place where he is so 8
sojourning. 9
ClL^P. 107.] NEGOTIABLE INSTRUMENTS. 1265
10 But where the notice is actually received by the party within the
11 time specified in sections eighteen to two hundred and twelve, inclusive,
12 it will be sufficient, though not sent in accordance with the requirements
13 of this section.
1 Section 132. Notice of dishonor mav be waived, either before the Notice may
i ^i-.v^ii'-'.i ^ ^ _ a, ,1 • • J • J be waived.
2 time of givmg notice has arrived, or after the omission to give due i898, 533, 5109.
3 notice, and the waiver may be express or implied.
R L. 73. § 126. 19 Pick. 373. 149 Mass. 212. 245 Mass. 511.
4 Mass 341 8 Allen. 38. 155 Mass. 26. 256 Mass. 23.
5 Massl 170. 124 Mass. 209. 167 Mass. 486. 271 Mass. 292.
QMaSsk 127 Mass. 156. 196 Mass. 397. 272 Mass. 78.
10 Mass. 84. 138 Mass. 446. 243 Mass. 190.
1 Section 133. Where the waiver is embodied in the instrument '^^^^^ binds
2 itself it is binding upon all parties; but where it is written above the 1898.333, §110.
3 signature of an endorser it binds him only.
R. L. 73, § 127. 8 Cush. 157. 271 Mass. 292.
1 Section 134. A waiver of protest, whether in the case of a foreign waiver of
2 bill of exchange or other negotiable instrument, is deemed to be a waiver im^s, §iu.
3 not only of a formal protest but also of presentment and notice of dis- n2Vat'a.V3^^'
4 honor.
140 Mass. 173. 245 Mass. 511. 250 Mass. 23.
1 Section 135. Notice of dishonor is dispensed with when, after the wien notice^^
2 exercise of reasonable diligence, it cannot be given to or does not reach isg's.'sls, Tni
3 the parties sought to be charged.
R L 73 5 129. 8 Pick. 251. 144 Mass. 406. 149 Mass. 212.
3 Pick. 180. 5 Met. 352. 148 Mass. 181. 150 Mass. 45.
1 Section 136. Delay in giving notice of dishonor is excused when the when delay is
2 delay is caused by circumstances beyond the control of the holder and iSs^lss. §113.
3 not imputable to his default, misconduct or negligence. When the ^MasII'iM^^"'
4 cause of delay ceases to operate notice must be given with reasonable Jtf^f4*|t:
5 diligence.
12 Mass. 450. 9 Pick. 547. 11 Gray, 258.
8 Pick. 1,51. 23 Pick. 305. 70 Mass. 356.
1 Section 137. Notice of dishonor is not required to be given to the when notice is
, . I. ,1 /. 11 • not required.
2 drawer in any one ot the following cases:
1898, 533, § 114. R. L. 73, § 131.
3 1. WTiere the drawer and drawee are the same person; _ 3 Gray, 334.
4 2. Where the drawee is a fictitious person or a person not having
5 capacity to contract;
6 3. Where the drawer is the person to whom the instrument is pre-
7 sented for payment;
8 4. Where the drawer has no right to expect or require that the drawee 2i^Piek. mj.
9 or acceptor will honor the instrument ;
10 5. Where the drawer has countermanded pa;yTnent.
1 Section 138. Notice of dishonor is not required to be given to an ^^^^^i^^iff^^
2 endorser in any one of the following cases : _ r. l'. 73,' 5 132.
3 1. WTiere the drawee is a fictitious person or a person not having
4 capacity to contract, and the endorser was aware of the fact when he
5 endorsed the instrument;
1266
NEGOTIABLE INSTRXJMENTS.
[Chap. 107
217 Mass. 98 2. Whcrc the endorser is the person to whom the instrument is pre- 6
senteci tor payment; '
3. Where the instrument was made or accepted for his accommodation. 8
Notice of dis-
honor by non-
acceptance.
1898. 533, §116.
R. L. 73, § 133.
Section 139. Where due notice of dishonor by non-acceptance has
been given, notice of a subsequent dishonor by non-payment is unnec-
essary, unless in the meantime the instrument has been accepted.
Effect of omis-
sion to give
notice.
1898.533,5117.
R. L. 73. § 134.
Section 140. An omission to give notice of dishonor by non-accept-
ance does not prejudice the rights of a holder in due course subsequent
to the omission.
Instrument dis'
honored may
Section 141. Where anv negotiable instrument has been dishonored
be protested j^ jjjay ^p protested for non-acceptance or non-payment as the case
R. L. 73,'5 iso! may be; but protest is not required, except in the case of foreign bills
of exchange.
140 Mass. 173.
Discharge 9f
negotiable in-
struments.
5 Mass. 334.
17 Mass. 247.
10 Pick. 210.
129 Mass. 438.
8 Mass. 480.
13 Pick. 225.
156 Mass. 19.
19 Pick. 220.
9 Met. 547.
10 Cush. 169.
Discharge.
Section 142. A negotiable instrument is discharged:
1,S9S. .533. § 119.
R. L. 73. § 136.
249 Mass. 45.
20U Mass. 239.
272 Mas-s. 277.
1.
By pav-ment in due course by or on behalf of the principal debtor;
10 Pick. 210. 2 Met. 288. 1 Allen. 499. 145 Mass. 567.
12 Pick 126 11 Cush. 352. 129 Mass. 438. 161 Mass. 96.
14 Pick. 221.313. 12 Cush. 163. 131 Mass. 591. 169 Mass. 297.
2. By payment in due course by the party accommodated, where the 3
instrument is made or accepted for accommodation; 4
3. By the intentional cancellation thereof by the holder; 5
4. By any other act which will discharge a simple contract for the li
pajTiient of money;
212 Mass. 205.
214 Mass. 352.
260 Mass. 248.
5. When the principal debtor becomes the holder of the instrument
at or after maturity in his own right.
11 Cush. 108. 31S.
Discharge of
person sec-
ondarily liable.
Section 143. A person secondarily liable on the instrument is dis- 1
charged : -
1898, 533, 5 120.
R. L. 73. § 137.
244 Mass. 204.
10 Mass. 88.
9 Met. 297, 511.
6 Mass. 85.
12 Mass. 502.
fi Cush. 537.
10 Cush. 299.
114 Mass. 120.
10 Pick. 128.
3 Met. 253.
6 Gray. 317.
13 Gray. 580.
3 Allen. 14.
138 Mass. 53.
150 Mass. 231.
131 Mass. 591.
1. By any act which discharges the instrument;
8 Cush. 157. 12 Cush. 103. 99 Mass. 181.
2. By the intentional cancellation of his signature by the holder;
3. By the discharge of a prior party;
7 Pick. 291. 8 Pick. 154.
4. By a valid tender of payment made by a prior party ;
5 By a release of the principal debtor, unless the holder's right of
recourse against the party secondarily liable is expressly reserved;
125 Mass. 28. 159 Mass. 31. 214 Mass. 3.52. 272 Mass. 277.
6. By any agreement binding iiixm the holder to extend the time of
payment, or to postpone the luilder's right to enforce the instrument,
unless made with the assent of the party secondarily' liable, or unless
the right of recourse against such party is expressly reser\ed.
166 Mass. 263. 212 Mass. 203. 266 Mass. 413. 270 Mass. 371.
4
5
8
9
10
11
12
Chap. 107.] negotiable instruments. 12G7
1 Section 144. Where the instrument is paid by a party secondarily Effect of pay-
2 liable thereon it is not discharged ; but the party so paying it is remitted secondarily
3 to ills former rights as regards ail prior parties, and he may striiie out I'mMS. 5 121
4 his own and all subsequent endorsements, and again negotiate the in- ^p^k^a '^**'
5 strument, except: _ 9G™y^202^'
6 1. Where it is payable to the order of a third person, and has been ^^'^^glo"-
7 paid by the drawer; and os^Mass 214
8 2. Where it was made or accepted for accommodation, and has been 102 Mass. 186.
9 paid by the party accommodated. 552.'
124 Mass. 506. 145 Mass. 567. 157 Mass. 175. 190 Mass, 211.
1 Section 145. The holder may expressly renounce his rights against "nlfuncTAghts
2 any party to the instrument, before, at, or after its maturity. An |89|.;-^'«.
3 absolute and unconditional renunciation of his rights against the prin- R. C73,^§ uo
4 cipal debtor made at or after the maturity of the instrument discharges 22 Pick! abs!
5 the instrument. But a renunciation does not affect the rights of a holder m Ma33.''i95.
6 in due course without notice. A renunciation must be in writing, unless '^^ '*'''"''' '^■
7 the instrument is delivered up to the person primarily liable thereon.
1 Section 146. A cancellation made unintentionally, or under a Unintpntionai
2 mistake, or without the authority of the holder, is inoperative; but inoperative.
3 where an instrument or any signature thereon appears to have been 5 {03^ ' '
4 cancelled the burden of proof lies on the party who alleges that the ^- '"■ ''■*■ ^ '*"•
5 cancellation was made unintentionally, or under a mistake or without
6 authority.
1 Section 147. WTiere a negotiable instrument is materially altered aiteTa'tfon.
2 without the assent of all parties liable thereon it is avoided, except as r^^lIs^'Imi!
3 against a party who has himself made, authorized or assented to the 2 Jfifen'^sei
4 alteration, and subsequent endorsers. But when an instrument has been 98 Mass. 12.
5 materially altered and is in the hands of a holder in due course, not a 112 Mass. '315!
6 party to the alteration, he may enforce payment thereof according to iJa Mass! ige!
7 its original tenor.
129 .Mass. 596. 188 Mass. 333. 222 Mass. 159.
133 Mass. 366. 220 Mass. 10, 226 Mass. 503.
187 Mass. 159. 247, 429. 445. 249 Mass. 184.
1 Section 148. Any alteration which changes: Uondefined""
1898, 533, § 125. 142 Mass. 12. 226 Mass. 505.
R. L. 73, § 142. 183 Mass. 488. 249 Mass. 184.
2 1. The date;
3 2. The sum payable, either for principal or interest; sei!'""' *^^'
112 .Mass. 315. 123 Mass. 196. 220 Mass. 247.
121 Mass. 110. 131 Mass. 77.
4 3. The time or place of payment ; 2AUen, ise.
119 Mass. 269.
5 4. The number or the relations of the parties; \^l MaS: alt
6 5. The medium or currency in which payment is to be made; 6 Mass. 519
12 Pick. 399. 13 Pick. 165. 98 Mass. 12. "^'^
7 Or which adds a place of payment where no place of payment is
8 specified, or any other change or addition which alters the effect of the
9 instrument in any respect, is a material alteration.
1268
NEGOTIABLE INSTRUMENTS.
[Chap. 107.
Requisites of
bill of exchange.
BILLS OF EXCHANGE.
Form and Interpretation.
Section 149. A bill of exchange is an unconditional order in writing
L^^l' if 'fiS' addressed by one person to another, signed by the person giving it,
2dPick.'i32. requiring the person to whom it is addressed to pay on demand or at a
loo'Siass. 12. fixed or determinable future time a sum certain in money to order or to
126 Mass. 342. ,
155 Mass. 374. Dearer.
202 Mass. 413. 247 Mass. 225. 262 Mass. 242. 265 Mass. 182.
Section 150. A bill of itself does not operate as an assignment of
Liability of
i898.5|3. §127. the funds in the hands of the drawee available for the pajinent thereof
20 Pick.'is. and the drawee is not liable on the bill unless and until he accepts it.
137 Mass. 351.
Section 151. A bill may be addressed to two or more
Address.
1898,533,5128.
R. L. 73, § 145. jointly whether they are partners or not ; but not to two or more drawees
in the alternative or in succession
drawees 1
2
3
ofSange. SECTION 152. An inland bill of exchange is a bill which is, or on its
R^^' 7? 'life ^^^^ purports to be, both drawn and payable within this commonwealth.
6 Mass. 157. Any other bill is a foreign bill. Unless the contrary appears on the face
of the bill the holder may treat it as an inland bill.
120 Mass. 317. 202 Mass. 413. 245 Mass. 511. 265 Mass. 182.
162
12 Pick. 483,
drawerare""^ SECTION 153. Where in a bill drawer and drawee are the same 1
1898 533 §130 person, or the drawee is a fictitious person, or a person not having capac- 2
R. L. 73,'§ 147.' ity to Contract, the holder mav treat the instrument, at his option, 3
4
100 Mass. 12.
either as a bill of exchange or a promissory note.
Referee in case SECTION 154. The drawer of a bill and any endorser may insert 1
of need. . iii, • p c\
1898,533, §131. thereon the name of a person to whom the holder may resort in case oi 2
need, that is to say, if the bill is dishonored by non-acceptance or non- 3
payment. Such person is called the referee in case of need. It is in 4
the option of the holder to resort to the referee in case of need, or not, 5
as he may see fit. 6
Acceptance
of bill.
1898,533. §132.
R. L. 73, § 149.
7 Pick. 34.
2 Met. 63.
8 Met. 107.
115 Mass. 374.
118 Mass. 537.
Acceptance.
Section 155. The acceptance of a bill is the signification by the 1
drawee of his assent to the order of the drawer. The acceptance must 2
be in writing and signed by the drawee. It must not express that the 3
drawee will perform his promise by any other means than the pajTnent 4
of money. 5
120 Mass. 317. 172 Mass. 569. 201 Mass. 318. 254 Mass. 395.
wriSra^nbiii. Section 156. The holder of a bill presenting the same for acceptance 1
Tsm" 533 § 133 ™ay require the acceptance to be written on the bill and, if such request 2
R. l'. 73,'§ 150. is refused, may treat the bill as dishonored. 3
clptance''brnd- SECTION 157. Where an acceptance is written on a paper other than 1
isl's^'-^T 5 ■)4 *^^ '^''^ itself it does not bind the acceptor except in favor of a person to 2
R. l! 73, '§ 15L whom it is shown and who, on the faith thereof, receives the bill for 3
value. 4
8 Met. 107.
CUAP. 107.] NEGOTIABLE INSTRUMENTS. 1269
1 Section 158. An unconditional promise in writinf; to accept a bill pr"™"^'''"""'
2 before it is drawn is deemed an actual acceptance in favor of every Jf^ff^f'^Jgl-
3 person who, upon the faith thereof, receives the bill for value. 3 Mass! i.
9 Mass. 55. 11 Met. 5. 98 Mass. 288. 109 Mass. 413.
2 Met. 381. 9 Cush. 46. 107 Mass. 37. 172 Mass. 569.
1 Section 159. The drawee is allowed twenty-four hours after pre- Time .iiiowed
2 sentraent in which to decide whether or not he will accept the bill; i.sto.'io?.
T^ ^ 7*7 R 1 7
3 but the acceptance, if given, dates as of the day of presentation. isgs, 415, § i'.
1898, 533. § 136. R. L. 73, § 153.
1 Section 160. Where a drawee to whom a bill is delivered for ac- Destruction of
2 ceptance destroys it, or refuses within twenty-four hours after such acceptance"
3 delivery, or within such other period as the holder may allow, to return {^^l. ts^'I im!
4 it accepted or non-accepted to the holder, he shall be deemed to have
5 accepted it.
1 Section 161. A bill may be accepted before it has been signed by incomplete wii
2 the drawer, or while otherwise incomplete, or when it is overdue, or iggs.sss, §i38.
3 after it has been dishonored by a previous refusal to accept, or by non- ^' ^ ^^' * ^^^'
4 payment. But when a bill payable after sight is dishonored by non-
5 acceptance and the drawee subsequently accepts it, the holder, in the
6 absence of any difl'erent agreement, is entitled to have the bill accepted
7 as of the date of the first presentment.
1 Section 162. An acceptance is either general or qualified. A general ge^nefafSr
2 acceptance accepts without qualification to the order of the drawer. A Jggf ^5^3 5 139
3 qualified acceptance in express terms varies the effect of the bill as R l. 73, § i56.
4 drawn.
1 Section 163. An acceptance to pay at a particular place is a general ^(.^eeptance.
2 acceptance unless it expressly states that the bill is to be paid there Jf^g' 73!'|i57:
3 only and not elsewhere.
1 Section 164. An acceptance is qualified which is: QuaUfied
2 1. Conditional, that is to say, which makes payment by the acceptor i898,533, §141.
3 dependent on the fulfilment of a condition therein stated ; g^Mass. ss.
4 2. Partial, that is to say, an acceptance to pay part only of the amount 24 pick 254!'
5 for which the bill is drawn; ecush.l;
6 3. Local, that is to say, an acceptance to pay only at a particular Ji5"]^°'J"47.
7 place; 134 Mass! 331!
8 4. Qualified as to time;
9 5. The acceptance of one or more of the drawees, but not of all.
1 Section 165. The holder may refuse to take a qualified acceptance, Holder may
2 and, if he does not obtain an unqualified acceptance, he may treat the Icccplwe.
3 bill as dishonored by non-acceptance. Where a qualified acceptance is r.^l.?!!'? 159!
4 taken the drawer and endorsers are discharged from liability on the bill,
5 unless they have expressly or impliedly authorized the holder to take a
6 qualified acceptance, or subsequently assent thereto. When the drawer
7 or an endorser receives notice of a qualified acceptance he must within
8 a reasonable time express his dissent to the holder, or he will be deemed
9 to have assented thereto.
1270
NEGOTIABLE INSTRtTMENTS.
[Chap. 107.
Presentment
for acceptance.
1898, 533, § 143.
R. L. 73. S 160.
7 Gray, 217.
Presentment for Acceptance.
Section 166. Presentment for acceptance must be made:
1. Where the bill is payable after sight, or in any other case where
presentment for acceptance is necessary in order to fix the maturity of
the instrument; or
2. Where the bill expressly stipulates that it shall be presented for
acceptance; or
3. Where the bill is drawn payable elsewhere than at the residence
or place of business of the drawee.
In no other case is presentment for acceptance necessary in order to
render any party to the bill liable.
Presentment SECTION 167. Exccpt as Otherwise provided in this chapter the
Within reason- ^ • ^ i ^ i* 'xi
able time holdcr of a bill which is required by the preceding section to be pre-
R. l' 73,' § lei! sented for acceptance must either present it for acceptance or negotiate
s^Fet.^iT' it within a reasonable time. If he fails to do so the drawer and all en-
7 Gray! 21?! dorscrs are discharged.
98 Mass. 101. 245 Mass. 511.
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
Presentment
at a reason-
able hour, on a
business day,
etc.
1898, 533, § 145.
R. L. 73. § 162.
Section 168. Presentment for acceptance must be made by or on
behalf of the holder at a reasonable hour, on a business day and before
the bill is overdue, to the drawee or some person authorized to accept
or refuse acceptance on his behalf: and
1. Where a bill is addressed to two or more drawees not partners
presentment must be made to them all, unless one has authority to
accept or refuse acceptance for all, in which case presentment may be
made to him only;
2. Where the drawee is dead presentment may be made to his per-
sonal representative;
3. Where the drawee has been adjudged a bankrupt or an insolvent, 11
or has made a general assignment for the benefit of creditors, present- 12
ment mav, be made to him or to his trustee or assignee. 13
1
2
3
4
5
6
7
8
9
10
Presentment
for acceptance
same as pre-
sentment of
negotiable
instrument for
payment.
189.5, 201.
1898, 533, § 146.
R. L. 73, § 163.
1910, 417, § 1.
Necessary
delay excused.
1898, 533. § 147.
R. L. 73, § 164.
Section 169. A bill may be presented for acceptance on any day
on which negotiable instruments may be presented for payment under
sections ninety-five and one hundred and eight, and no person recei\-ing
any draft or bill of exchange payable on demand shall be charged with
any neglect or omission of duty, or incur any liability, for not presenting
it for acceptance on a Saturday, provided that it shall be duly presented
for acceptance on the next succeeding business day.
Section 170. Where the holder of a bill drawn payable elsewhere
than at the place of business or the residence of the drawee has not
time with the exercise of reasonable diligence to present tlie bill for ac-
ceptance before presenting it for payment on the day that it falls due,
the delay caused by presenting the bill for acceptance before present-
ing it for payment is excused and does not discharge the drawers and
endorsers.
excuse'rwhen. SECTION 171. Presentment for acceptance is excused and a bill may 1
1898, 533, 1 148. {je treated as dishonored by non-acceptance, in any one of the following 2
MX. Li. to, i loo. *. *
cases: **
Chap. 107.] negotiable instruments. 1271
4 1. Where the drawee is dead, or has absconded, or is a fictitious
5 person or a person not having capacity to contract by bill;
6 2. Where, after the exercise of reasonable dihgence, presentment can-
7 not be made;
8 3. Where, although presentment has been irregular, acceptance has
9 been refused on some other ground.
1 Section 172. A bill is dishonored by non-acceptance: bui dishonored,
1898, 533, § 149. R. L. 73, § 166. 5 Met. 216. "''™'
2 1. ^^'hen it is duly presented for acceptance and such an acceptance
3 as is prescribed by sections eighteen to two hundred and twelve, in-
4 elusive, is refused or cannot be obtained; or
5 2. When presentment for acceptance is excused and the bill is not ssMass. loi.
6 accepted.
1 Section 173. Where a bill is duly presented for acceptance and is Right of re-
2 not accepted within the prescribed time the person presenting it must XeT °^''
3 treat the bill as dishonored by non-acceptance or he loses the right of It^L.Ts^'lie?;
4 recourse against the drawer and the endorsers.
4 i\Iass. 341. 14 Mass. 116. 12 Pick. 398.
7 Mass. 449. 8 Piclc. 50. 3 Gray, 334.
1 Section 174. When a bill is dishonored by non-acceptance an im- Right of re-
2 mediate right of recourse against the drawers and endorsers accrues to tohoidervvhOT.
3 the holder and no presentment for payment is necessary.
1898, 533, §151. R. L. 73, § 168. 3 Mass. 557. 8 Mass. 460.
Protest.
1 Section 17.5. Where a foreign bill appearing on its face to be such Foreign bin
2 is dishonored by non-acceptance it must be duly protested for non- when'''" '
3 acceptance, and where such a bill which has not previously been dis- it''L.73^'|i69;
4 honored by non-acceptance is dishonored by non-payment it must be ?o^m||s'i^'
5 duly protested for non-payment. If it is not so protested the drawer Jg-^ij'^ '*%■>
6 and endorsers are discharged. Where a bill does not appear on its face
7 to be a foreign bill protest thereof in case of dishonor is unnecessary.
1 Section 176. Protest may be made by : Protest made
1898, 533, § 154. R. L. 73, § 171. ^^ whom.
2 1. A notary public; or 102 Mass. 141.
3 2. By any respectable resident of the place where the bill is dis-
4 honored, in the presence of two or more credible witnesses.
1 Section 177. The protest must be annexed to the bill, or must Protest an-
2 contain a copy thereof, and must be under the hand and seal of the "sgs, 533, § 153.
3 notary making it, and must specify: f'(tky%L"'^'
4 1. The time and place of presentment; 154 Mass! los!
5 2. The fact that presentment was made and the manner thereof; i65 Mass. 555.
6 3. The cause or reason for protesting the bill ;
7 4. The demand made and the answer given, if any, or the fact that
8 the drawee or acceptor could not be found.
1272 NEGOTIABLE INSTRXJMENTS. [ChAP. 107.
nmdfon da^ SECTION 178. When a bill is protested such protest must be made 1
of dishonor qu the day of its dishonor, unless delay is excused as provided in this 2
1898! 533,' §155. chapter. When a bill has been duly noted the protest may be subse- 3
■ ' quently extended as of the date of the noting. 4
piTra where SECTION 179. A bill must be protested at the place where it is dis- 1
i898°s33'"§'i5fi honored, except that when a bill drawn payable at the place of business 2
R l! 73,'§ 173. or residence of some person other than the drawee has been dishonored 3
by non-acceptance it must be protested for non-payment at the place 4
where it is ex-pressed to be payable, and no further presentment for 5
payment to, or demand on, the drawee is necessary. 6
non-payment SECTION ISO. A bill which has been protested for non-acceptance 1
non-acce'tence^ ^^^^ ^^ subscqucutly protested for non-payment. 2
non accep anee. ^^^^^ ^^^ ^ ^^^ ^ ^ _^^ ^ ^^^
better'se'curity SECTION 181. Whcrc the acccptor has been adjudged a bankrupt 1
when. Qj. an insolvcnt, or has made a general assignment for the benefit of 2
R. L. 73,'§ 175! creditors, before the bill matures, the holder may cause the bill to be 3
protested for better security against the drawer and endorsers. 4
nerefaary?" SECTION 182. Protest is dispensed with by any circumstances which 1
Tsos'sss §159 would dispense with notice of dishonor. Delay in noting or protesting 2
R. l'. 73,'§ 176. is excused when delay is caused by circumstances beyond the control of 3
the holder and not imputable to his default, misconduct or negligence. 4
When the cause of delay ceases to operate the bill must be noted or 5
protested with reasonable diligence. 6
^^°™l"l';!J'' Section 183. Where a bill is lost or destroyed or is wrongly de- 1
on copy I PLC. ■■*i»» -ti
i89£' 533, 1 160. tained from the person entitled to hold it protest may be made on a 2
copy or written particulars thereof. 3
Acceptance for Honor.
fh^'^honor''^ SECTION 184. Wlierc a bill of exchange has been protested for dis- 1
1898, 5_33 §161. honor by non-acceptance or protested for better security and is not 2
overdue, any person not being a party already liable thereon may, with 3
the consent of the holder, intervene and accept the bill supra protest for 4
the honor of any party liable thereon or for the honor of the person 5
for whose account the bill is drawn. The acceptance for honor may be 6
for part only of the sum for which the bill is drawn; and where there 7
has been an acceptance for honor for one party there may be a further 8
acceptance by a different person for the honor of another party. 9
hono? muat to"^ SECTION 185. An acccptauce for honor supra protest must be in 1
in writing ^ Writing and indicate that it is an acceptance for honor, and must be 2
u. l',"73,'§ 179! signed by the acceptor for honor. 3
honOT'of"^^ '"' Section 186. Where an acceptance for honor does not expressly 1
^SS'^Jao ■,„„ state for whose honor it is made it is deemed to be an acceptance for 2
1898, 533, §163. ,,»,,, o
R. L. 73, § 180. the honor of the drawer. 3
Chap. 107.] negotiable instruments. 1273
1 Section 187. The acceptor for honor is liable to the holder and to Liability of
2 all parties to the bill subsequent to the party for whose honor he has honor""^ '""^
3 accepted.
189S, 533, § 164. R. L. 73, § ISL
1 Section 188. The acceptor for honor by such acceptance engages same subject.
2 that he will on due presentment pay the bill according to the terms of r l' 7'3','§ 182.'
3 his acceptance, provided it shall not have been paid by the drawee, and ^^ ^"'^' ^^°'
4 provided also, that it shall have been duly presented for payment and
5 protested for non-payment and notice of dishonor given to him.
1 Section 189. Where a bill payable after sight is accepted for honor Maturity of
2 its maturity is calculated from the date of the noting for non-acceptance for honor.'
3 and not from the date of the acceptance for honor.
1898. 533, § 166. R. L. 73, § 183.
1 Section 190. Where a dishonored bill has been accepted for honor Bin accepted
2 supra protest or contains a reference in case of need it must be protested tested"when°
3 for non-payment before it is presented for payment to the acceptor i^^l.?!!'! ill;
4 for honor or referee in case of need.
1 Section 191. Presentment for payment to the acceptor for honor Presentment
2 must be made as follows: to'^aCTcptor
3 1. If it is to be presented in the place where the protest for non- i898,°533,§i68.
4 payment was made it must be presented not later than the day following '*■ ^ ^3, § i85.
5 its maturity;
6 2. If it is to be presented in some other place than the place where
7 it was protested it must be forwarded within the time specified in section
8 one hundred and twenty-seven.
1 Section 192. Section one hundred and four shall apply when there certain pro-
2 is delay in making presentment to the acceptor for honor or referee in Uj^piy' *°
3 case of need.
1898, 533, § 169. R. L. 73, § 186.
1 Section 193. Wlien the bill is dishonored by the acceptor for honor Effect of dis-
2 it must be protested for non-payment by him. bracceptor
1898, 533, 1 170. R. L. 73, § 187. '°' ''°»o''-
Payment for Honor.
1 Section 194. Where a bill has been protested for non-payment any Payment for
2 person may intervene and pay it supra protest for the honor of any i898,533, 5i7i.
3 person liable thereon or for the honor of the person for whose account •
4 it was drawn.
1 Section 195. The payment for honor supra protest in order to such payment
2 operate as such and not as a mere voluntary payment must be attested bynotarfailct
3 by a notarial act of honor which may be appended to the protest or isss'Ims, § 172.
4 form an extension to it.
R. L. 73, § 189.
1 Section 196. The notarial act of honor must be founded on a decla- Notarial act
2 ration made by the payer for honor or by his agent in that behalf de- i89s,533, §173.
3 daring his intention to pay the bill for honor and for whose honor he ^' ^^' ^ 1
4 pays.
1274
NEGOTIABLE INSTRtTMENTS.
[Chap. 107.
i898"s33f§i74. SECTION 197. Whcrc two or more person.s offer to pay a bill for the 1
R. L. 73, § 191. honor of difiFerent parties the person whose payment will discharge most 2
parties to the bill is to be given the preference. 3
dS-h"S>d.'''° Section 198. Where a bill has been paid for honor all parties sub- 1
ijS98.5|3 §175. sequent to the party for whose honor it is paid are discharged, but the 2
payer for honor is subrogated for, and succeeds to, both the rights and 3
duties of the holder as regards the party for whose honor he pays and 4
all parties liable to the latter. 5
Section 199. Where the holder of a bill refuses to receive payment 1
i98, k|3, §176. supra protest he loses his right of recourse against any party who would 2
have been discharged by such payment. 3
when right of
recourse lost.
1898,
R.
rnUtied°Jo^biir Section 200. The payer for honor, on paying to the holder the
i89s''533'ti77 ^Q^oi'it of the bill and the notarial expenses incidental to its dishonor,
R. l'. 73,' § 194. is entitled to receive both the bill itself and the protest. 3
1
2
Bills in a Set.
fsg's '533,Ti'78 Section 201. Where a bill' is drawn in a set, each part of the set 1
R. L. 73, § 195. being numbered and containing a reference to the other parts, the whole 2
of the parts constitutes one bill. 3
True owner.
1898,5.33, §179.
R. L. 73, § 196.
Section 202. Where two or more parts of a set are negotiated to 1
different holders in due course the holder whose title first accrues is as 2
between such holders the true owner of the bill. But nothing in this 3
section affects the rights of a person who in due course accepts or pays 4
the part first presented to him. 5
Liability of Section 203. Where the holder of a set endorses two or more parts
endorsers. , ^ .... , i
1898, 533, 1 180. to different persons he is liable on every such part, and every endorser
subsequent to him is liable on the part he has himself endorsed, as if
such parts were separate bills.
fs'gsl'sss.lisi. Section 204. The acceptance may be ^^Titten on any part and it 1
R. L. 73, § 198. must be wi'itten on one part only. If the drawee accepts more than 2
one part, and such accepted parts are negotiated to different holders 3
in due course, he is liable on every such part as if it were a separate bill. 4
acre'tOT°^ Section 205. When the acceptor of a bill drawn in a set pays it 1
1898, 5.33, § 182. without requiring tlie part bearing his acceptance to be delivered to 2
him, and that part at maturity is outstanding in the hands of a holder 3
in due course, he is liable to the holder thereon. 4
Set discharged, SECTION 206. Exccpt as otherwise provided in this chapter, where 1
1898,533, §183. any one part of a bill drawn in a set is discharged by payment or other- 2
■ ■ ' " ' wise the whole bill is discharged. 3
Ch.\P. 107.] NEGOTIABLE INSTRUMENTS. 1275
PROMISSORY NOTES AND CHECKS.
1 Section 207. A negotiable promissory note within the meaning of notT.'Mned
2 sections eighteen to two hundred and twelve, inchisive, is an uncon- Jf'f • '7?;'' | .iot ■
3 ditional promise in writing made by one person to another signed by iicueh.'su.
4 the maker, engaging to pay on demand, or at a fixed or determinable ws Mai! :)7i.
5 future time, a sum certain in money to order or to bearer. Where a 126 MaS! uk
6 note is drawn to the maker's own order it is not complete until endorsed J41 Masg; j^J,
7 by him.
148 Mass. 290. 240 Mass. 447.
1 Section 208. A check is a bill of exchange drawn on a bank payable check defincri
2 on demand. Except as otherwise provided in this chapter, the pro- r. l'. 73.'§ 202'
3 visions of sections eighteen to two hundred and twelve, inclusive, ap- 194 Mass' lit.
4 plicable to a bill of exchange payable on demand, shall apply to a check.
256 Mass. 281. 265 Mass. 182.
245 Mass. ."^11.
249 Mass. 45.
1 Section 209. A check must be presented for payment within a Time for pres-
2 reasonable time after its issue or the drawer will be discharged from check?" °
3 liability thereon to the extent of the loss caused by the delay.
1S9S, 533. § 186. 156 Mass. 395. 245 Mass. 511.
R. L. 73. § 203. 194 Mass. 418. 249 Mass. 14.
108 Mass. 514. 208 Mass. 53. 265 Mass. 182.
1 Section 210. Where a check is certified by the bank on which it is Certification
2 drawn the certification is equivalent to an acceptance. acceptance.
1898, 533, § 187. R. L. 73, § 204. 249 Mass. 45. 254 Mass. 173.
1 Section 211. Where the holder of a check procures it to be accepted ^"argef^vhw
2 or certified the drawer and all endorsers are discharged from liability isgs.ss's, §i88.
3 thereon.
R. L. 73, § 205. 156 Mass. 45S. 160 Mass. 401.
1 Section 212. A check of itself does not operate as an assignment of bink'to* holder
2 any part of the funds to the credit of the drawer with the bank, and if ^l'73^'1 206'
3 the bank is not liable to the holder unless and until it accepts or certifies lo Pick. '535.
4 the check.
1 Gray, 605. 13 Allen. 445. 156 Mass. 395. 240 Mass. 4S5.
5 Gray, 108. 107 Mass. 45. 171 Mass. 534. 254 Mass. 173.
1276
BILLS OF LADING.
[Chap. 108.
CHAPTER 108
BILLS OF LADING.
Sect.
issue of bills of lading.
1. Scope of chapter.
2. Terms to be contained in bill.
3. Carriers may insert other terms.
4. Non-negotiable or straight bill.
5. Negotiable or order bill.
6. Certain negotiable bills not to be issued
in parts or sets.
7. Duplicate bills to be so marked.
8. Non-negotiable bills to be so marked.
9. Effect of insertion of name of person to
be notified.
10. Effect of failure to object to terms of a
bill on receipt.
OBLIGATIONS AND RIGHTS OP CARRIERS UPON
THEIR BILLS OF LADING.
11. Carrier's obligation to deliver.
12. Carrier justified in deUvering.
13. Liability of carrier in certain cases.
14. Failure to cancel negotiable bill on de-
livery of goods.
15. Failure to cancel on part delivery.
16. Alterations, additions, etc., in bills
without authority to be void.
17. Judicial relief in case bill is lost or de-
stroyed.
18. Warranty as to duplicate bill.
19. Title not to be asserted by carrier.
20. Carrier excused from liability for re-
fusal to deliver in certain cases.
21. Right or title of a third person as a de-
fence in suits.
22. Liability of carrier based on recitals in
bills of lading.
23. Attachment, etc., of negotiable bill.
24. Carrier's lien as affected by negotiable
bill.
25. Carrier's liabiUty as affected by lawful
sale to satisfy lien.
NEGOTIATION AND TRANSFER OF BILLS.
26. Negotiation by delivery.
27. Negotiation by endorsement.
35.
36.
Sect.
28. Transfer.
29. By whom negotiable.
30. Title of endorsee.
31. Title of transferee.
32. Transferee's right to an endorsement.
33. Warranties of endorser or transferor.
34. Endorser not liable for certain defaults.
Holder of bill for security does not
warrant in certain cases.
Validity of negotiation not impaired by
certain facts.
37. Effect of subsequent negotiation by en-
dorser retaining possession.
38. Form of bill as indicating state of title.
39. Transmission of draft and bill of
lading.
Right of holder of negotiable bill supe-
rior to seller's lien, etc.
Rights and remedies of mortgagee or
lien holder not limited in certain
cases.
40.
41.
CRIMINAL OFFENCES.
42. Penalty for fraudulent issue of bill of
lading.
43. Penalty for false statement in bill.
44. Penalty for issuing duplicate bill in cer-
tain cases.
45. Penalty for wrongful sliipment under
negotiable bill.
46. Penalty for fraudulent negotiation or
transfer of bill.
47. Penalty for securing issue of a bill with
intent to defraud.
48. Penalty for issuing a non-negotiable bill
without the words "not negotiable".
INTERPRETATION.
49. Application of other laws.
50. Definition of terms.
51. Citation of chapter. Interpretation.
ISSUE OF BILLS OF LADING.
Section 1. Bills of lading issued by any common carrier shall be 1
im2i4, 5 1. governed bj- this chapter, except as otherwise provided by federal law. I
34 U. S. Sts. at L., 595. 3S U. S. Sts. at L., 119C. 39 U. S. Sis. at L.. 441. o38.
Scope of
chapter.
[Definitions,
5 50.)
(6) The name of the person from whom the goods have been receued,
Terms to be Sfction 2. Evcrv bill shall contain in print or writing the following 1
contained in kjt.v.> ■ *. ^
mo, 214. 5 2. t™= , , ,. 3
266 Mass. 5S3. (ff) The datc 01 issue,
Chap. 108.] bills of lading. 1277
5 (c) The place where the goods have been received,
6 (d) The place to which the goods are to be transported,
7 (e) A statement whether the goods received will be delivered to a spec-
8 ified person, or to the order of a specified person,
9 if) A description of the goods or of the packages containing them
10 which may be in such general terms as are described in section twcnty-
11 two, and
12 (g) The signature of the carrier.
1.3 A negotiable bill shall have the words "order of" printed thereon im-
14 mediately before the name of the person upon whose order the goods
15 received are deliverable.
16 A carrier shall be liable to any person suffering damage caused by the
17 omission from a negotiable bill of any provision required by this section.
1 Section 3. A carrier may insert in a bill, issued by him, any other Carriers may
2 terms and conditions, provided that they shall not terms.
« / N -n , X 1 1,1- r 1910, 214, §3.
3 (o) Be contrary to law or public policy, or
4 (6) In any wise impair his obligation to exercise at least that degree
5 of care in the transportation and safe keeping of the goods intrusted to
6 him which a reasonably careful man would exercise relative to similar
7 goods of his own.
1 Section 4. A bill wherein it is stated that the goods are consigned ^^tTallb'tMi.
2 or destined to a specified person is a non-negotiable or straight bill. '^lO' ^i*. § *■
211 Mass. 146. 223 Mass. 224.
1 Section 5. A bill stating that the goods are consigned or destined ^^^|'J'j,'5j]''= "^
2 to the order of any person named in such bill is a negotiable or order bill. \l[l-'^l^-^\i^^
3 Any provision in such a bill that it is non-negotiable shall be void.
1919, 5. 1920, 2. 214 Mass. 196.
1 Section 6. Negotiable bills issued in this commonwealth for the Certain
2 transportation of goods to any place in the United States on the con- bfifs°not t*o be
3 tinent of North America, except Alaska, shall not be issued in parts or or^^^g'" "^"^
4 sets. . 1910,214,5 6.
5 If so issued, the carrier issuing them shall be liable for failure to de-
6 liver the goods described therein to any one who purchases a part for
7 value in good faith, even though the purchase be after the delivery of
8 the goods by the carrier to a holder of one of the other parts.
1 Section 7. When more than one negotiable bill is issued in this Duplicate
2 commonwealth for the same goods^ to be transported to any place in the marke°d.
3 United States on the continent o"f North America, except Alaska, the '^"*' '^*' * ^'
4 word "duplicate" or some other words indicating that the document
5 is not an original, shall be placed plainly upon the face of every such
6 bill, except the one first issued. A carrier shall be liable for all damage
7 caused by his failure so to do to any one who has purchased the bill for
8 value in good faith as an original, even though the purchase be after the
9 delivery of the goods by the carrier to the holder of the original bill.
1 Section 8. A non-negotiable bill shall have placed plainly upon its Non-negotiaUe
_ « , , ...... • 1 1 J, i( j^ J.* UI " bills to be so
2 lace by the carrier issuing it non-negotiable or not negotiable . marked.
3 This section shall not apply to memoranda or acknowledgments of an ^'*^°' '^'■*'
4 informal character.
1278
BILLS OF LADING.
[Chap. 108.
Effect of inser-
tion of name
of person to
be notified.
1910, 214, § 9.
Section 9. The insertion in a negotiable bill of the name of a person
to be notified of the arrival of the goods shall not limit the negotiability
of the bill, or constitute notice to a pm-chaser thereof of any rights or
equities of such person in the goods.
ur^^t* Sbfect" Section 10. Except as otherwise provided in this chapter, if a con-
bni*onTeceipt. signor receives a bill and makes no objection to its terms or conditions
1910. 214, 1 10. at the time of receipt neither the consignor nor any person who accepts
delivery of the goods, nor any person who seeks to enforce any provi-
sion of the bill, shall be allowed to deny that he is bound by such terms
and conditions, so far as they are not contrary to law or public policy.
Carrier's
obligation
to deliver.
1910,214, § 11.
216 Mass. 165.
232 Mass. 162.
OBLIGATIONS AND RIGHTS OF CARRIERS TPON THEIR BILLS OF LADING.
Section 11. A carrier, in the absence of a lawful excuse, is bound
to deliver goods upon a demand made either by the consignee named
in the bill for the goods, or if the bill is negotiable, by the holder thereof,
if such demand is accompanied by
(a) An offer in good faith to satisfy the carrier's lawful lien upon the
goods,
(6) An offer in good faith to surrender, properly endorsed, the bill, if
negotiable, and
(c) A readiness and willingness to sign, when the goods are delivered,
an acknowledgment that they have been delivered, if such signature is 10
requested by the carrier. 11
If the carrier refuses or fails to deliver the goods in compliance with 12
a demand by the consignee or holder so accompanied, the burden shall 13
be upon the carrier to establish the existence of a lawful excuse for such 14
refusal or failure. 15
9
Carrier justified
in delivering.
1910, 214, 5 12.
Section 12. A carrier is justified, subject to the three following sec- 1
tions, in delivering goods to one who is 2
(a) Lawfully entitled to their possession, or 3
(6) The consignee named in a non-negotiable bill for the goods, or 4
(c) A person in possession of a negotiable bill for the goods by the 5
terms of which they are deliverable to his order, or which has been en- 6
dorsed to him or in blank by the consignee or by the mediate or im- 7
mediate endorsee of the consignee. S
Liability of
carrier in
certain cases.
1910, 214, § 13.
Section 13. If a carrier deli^•ers goods to one not lawfully entitled to 1
their possession, the carrier shall be liable to any one having a right of 2
property or possession therein if he delivered them otherwise than as 3
authorized by paragraphs (6) or (c) of the preceding section; and, though 4
he delivered the goods as authorized by either of said paragraphs, he 5
shall so be liable if prior to such delivery he 6
(a) Had been requested, b\^ or on behalf of a person having a right 7
of property or possession in tiie goods, not to make such deli\ery, or S
(b) Had information at the time of the delivery tiiat it was to a person 9
not lawfully entitled to their possession. 10
A request or iiiformation to be effective under this section must be 11
given to an officer or agent of the carrier, the actual or apparent scope 12
of whose duties imiudes action ujion such a request or information, and 13
in time to enable him, acting with reasonable diligence, to stop delivery. 14
Chap. 108.] bills of lading. 1279
1 Section 14. Except as provided in section twenty-five, and except f*i'".fn'°Qti.
2 when compelled by legal process, if a carrier delivers goods for which a Y'}!'.''''! "f
3 negotiable bill has been issued, the negotiation of which would transfer Irmxis.^ "
4 the right to the possession of the goods, and fails to take up and cancel ''''^'^' "'^' ^*'
5 the bill, he shall be liable for failure to deliver the goods to any one who
6 for value and in good faith purchases the bill, whether such purchaser
7 acquired title to it before or after the deli\'ery of the goods by the carrier,
8 and notwithstanding delivery was made to the person entitled thereto.
1 Section 15. Except as provided in section twenty-five, and except f^'',j'^'J^'^pJ|' ^^^
2 when compelled by legal process, if a carrier delivers part of the goods ^'^'j'^"-,>j-^ ^.
'A for which a negotiable bill had been issued and fails either
4 (a) To take up and cancel the bill, or
5 (b) To place plainly upon it a statement that a portion of the goods
(i has been delivered, with a description, which may be in general terms,
7 either of the goods or packages that have so been delivered or of the
8 goods or packages which still remain in the carrier's possession, he shall
9 be liable for failure to deliAcr all the goods specified in the bill, to any
10 one who for value and in good faith purchases it, whether such purchaser
1 1 acquired title to it before or after the delivery of any portion of the goods
12 by the carrier, and notwithstanding such delivery was made to the per-
18 son entitled thereto.
1 Section 16. Any alteration, addition or erasure in a bill after its Alterations,
2 issue, without authority from the carrier issuing it either in writing or in biib without
3 noted on the bill, shall be void, whatever the nature or purpose of the be'voTd'^*°
4 change, and the bill shall be enforceable according to its original tenor. ^^^^- -"■ ^ ^"^•
1 Section 17. If a negotiable bill has been lost or destroyed, a court J^,f^;j"?' ^^^^
2 of competent jurisdiction may order the delivery of the goods upon satis- mi js^'ostor
3 factory proof of such loss or destruction and upon the giving of a bond loio.lu, § u.
4 with sufficient surety, to be approved by the court, to protect the carrier ^^^ '^'''""- '^''■
5 or any person injured by such delivery from any liability or loss incurred
6 by reason of the original bill remaining outstanding. The court may also
7 in its discretion order the payment of the carrier's reasonable costs and
8 counsel fees.
9 The delivery of the goods under an order of the court as herein provided
10 shall not relieve the carrier from liability to a person to whom the nego-
1 1 tiable bill has been or may be negotiated for value without notice of the
12 proceedings or of the delivery of the goods.
1 Section IS. A bill, upon the face of which the word "duplicate" or warranty as
2 some other words indicating that the document is not an original bill are f?!!''"?''™'*^
3 plainly placed, shall impose upon the carrier issuing the same the lia- '^lO' -'■*■ § !*■
4 bility of one who represents and warrants that such bill is an accurate
5 copy of an original bill properly issued, but no other liability.
1 Section 19. Xo title or right to the possession of the goods, asserted be'ass°rte*d
2 by a carrier for his own benefit, shall excuse him from liability for refus- i^io^au, 5 19.
3 ing to deliver the goods according to the terms of a bill issued for them,
4 unless such title or right is derived directly or indirectly from a transfer
5 made by the consignor or consignee after the shipment, or from the
6 carrier's lien.
1280
BILLS OF LADING.
[Chap. 108.
Carrier ex-
cused from
liability for
refusal to
deliver in
certain cases.
1910, 214, § 21.
Section 20. If another than the consignee or person in possession of 1
the bill has a claim to the title or possession of the goods, and the carrier 2
has information of such claim, he shall be excused from liability for re- 3
fusing to deliver them either to the consignee or person in possession of 4
the bill, or to the adverse claimant, until the carrier has had a reason- 5
able time to ascertain the validity of the adverse claim or to bring legal 6
proceedings to compel all claimants to interplead. 7
Rieht or title
of a third
person as a
defence in
suits.
1910. 214, § 22.
Section 21. Except as provided in section twelve or twenty of this
chapter, or in section forty-one of chapter two hundred and thirty-one,
no right or title of a third person, unless enforced by legal process, shall
be a defence to an action brought by the consignee of a non-negotiable
bill, or by the holder of a negotiable bill, against the carrier for failure
to deliver the goods on demand.
Liability of
carrier based
on recitals in
bills of lading.
1910, 214, § 2:
Section 22. If a bill of lading has been issued by a carrier or on his
behalf by an agent or employee the scope of whose actual or apparent
authority includes the issuing thereof, the carrier shall be liable to
(a) The consignee named in a non-negotiable bill, or
(b) The holder of a negotiable bill, either of whom has given value in
good faith relying upon the description therein of the goods, for damages
caused by the non-receipt by the carrier or a connecting carrier of all or
part of the goods, or their failure to correspond with the description
thereof in the bill at the time of its issue.
If, however, the goods are described in a bill merely by a statement of
marks or labels upon them or upon packages containing them, or by a
statement that the goods are said to be goods of a certain kind or quantity,
or in a certain condition, or if it is stated in the bill that packages are
said to contain goods of a certain kind or quantity or in a certain condition,
or that the contents or condition of the contents of packages is unknown,
or words of like purport are contained in the bill, such statements, if
true, shall not make liable the carrier issuing the bill, although the goods
are not of the kind or quantity or in the condition which the marks or
labels upon them indicate, or of the kind or quantity or in the condition
in which they were said to be by the consignor. The carrier may, also,
by inserting in the bill the words "shipper's load and count", or other
words of like purport, indicate that the goods were loaded by the shipper
and that the description of them was made by him; and if such state-
ment is true, the carrier shall not be liable for damages caused by the
improper loading or by the non-receipt or by the misdescription of the
goods described in the bill.
1
2
3
4
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Attachment,
etc., of negoti-
able bill.
1910, 214, § 25.
244 Mass. 425.
Section 23. A creditor whose debtor is the owner of a negotiable bill
shall be entitled to such aid from courts of appropriate jurisdiction by in-
junction and otherwise in attaching the bill, or in satisfying the claim
by means thereof, as is allowed at law or in equity in regard to property
which cannot readily be attached or levied upon by ordinary legal
process.
asTfTectedTy Section 24. If a negotiable bill is issued the carrier shall have no
i9io''2i4° §'26 ''^" '^^ t^^ goods therein mentioned, except for charges thereon for freight,
244 Mass! 425. storage, demurrage and terminal charges, and expenses necessary for
their preservation or incident to their transportation subsequent to the
date of the bill, unless the bill expressly enumerates other charges for
Chap. lUS.] bills of lading. 1281
G which a lien is claimed. In such ease there shall also be a lien for the
7 charges enumerated so far as they are allowed by law and by the con-
8 tract between the consignor and the carrier.
1 Section 25. After goods have lawfully been sold to satisfy a carrier's earner's
2 lien, or because unclaimed, or because perishable or hazardous, the aHoct'ed by
3 carrier shall not thereafter be liable for failure to deliver them to the latil'fj.fcn'"
4 consignee or owner thereof, or to a holder of the bill given therefor when a^^Mait'. 425^
5 they were shipped, even if such bill is negotiable.
NEGOTIATION AND TRANSFER OF BILLS.
1 Section 26. A negotiable bill may be negotiated by delivery if, by Negotiation
2 its terms, the carrier undertakes to deliver the goods to the order of a i9io!2i47§ 28.
3 specified person, and such person or a subsequent endorsee has endorsed
4 it in blank.
1 Section 27. A negotiable bill may be negotiated by the endorsement Negotiation by
, ^ . "- 11' 111 • endorsement.
2 of the person to whose order the goods are deliverable by its tenor, loio, 214, § 29.
3 Such endorsement may be in blank or to a specified person. If to a
4 specified person, it may be negotiated again by the endorsement of such
5 person in blank or to another specified person. Subsequent negotiation
6 may be made in like manner.
1 Section 28. A bill may be transferred by the holder by delivery, Transfer.
2 accompanied by an agreement, express or implied, to transfer the title
3 to the bill or to the goods represented thereby.
4 A non-negotiable bill cannot be negotiated, and the endorsement of
5 such a bill gives the transferee no additional right.
1 Section 29. A negotiable bill may be negotiated by any person in By whom
2 possession of the same, however such possession may have been acquired i9io''2i4!'5 3i.
3 if, by its terms, the carrier undertakes to deliver the goods to the order
4 of such person, or if at the time of negotiation the bill is in such form
5 that it may be negotiated by delivery.
1 Section 30. A person to whom a negotiable bill has duly been nego- Title of
2 tiated acquires thereby 1910, 214, § 32.
3 (a) Such title to the goods as the person negotiating the bill to him iesMaS.MS.
4 had, or had ability to convey to a purchaser in good faith for value, and
5 also such title to the goods as the consignee and consignor had, or had
6 power to convey to a purchaser in good faith for value, and
7 (b) The direct obligation of the carrier to hold possession of the goods
8 for him according to the terms of the bill as fully as if the carrier had
9 contracted directly with him.
1 Section 31. A person to whom a bill has been transferred but not ^'j^f"^^^,^
2 negotiated acquires therebv, as against the transferor, the title to the iino 214 §33.
, ,. 1 '' (• -iij. £ ic 211 Mass. 146.
3 goods, subject to the terms 01 any agreement with the transferor. It 263 Mass. 543.
4 the bill is non-negotiable, such person also acquires the right to notify
5 the carrier of the transfer to him of the bill, and thereby to become the
6 direct obligee of whatever obligations the carrier owed to the transferor
7 immediately before the notification.
1282
BILLS OF LADING.
[Chap. 108.
Prior to the notification of the carrier by the transferor or transferee 8
of a non-negotiable bill, the title of the transferee to the goods and the 9
right to acquire the obligation of the carrier may be defeated by attach- 10
ment by trustee process or otherwise, or by execution upon the goods 11
by a creditor of the transferor, or by a notification to the carrier by the 12
transferor or by a subsequent purchaser from him, of a subsequent sale 13
of the goods by him. 14
A carrier has not received notification under this section unless an 15
officer or agent of the carrier, the actual or apparent scope of whose duties 16
includes action upon such a notification, has been notified; and no noti- 17
fication shall be effective until the officer or agent to whom it is given has 18
had time with the exercise of reasonable diligence to communicate with 19
the agent having actual possession or control of the goods. 20
Transferee's
right to an
endorsement.
1910, 214, § 34.
Section .32. If a negotiable bill is transferred for value by delivery,
and the endorsement of the transferor is essential for negotiation, the
transferee acquires a right against the transferor to compel him to en-
dorse the bill, unless a contrary intention appears. The negotiation
shall take effect as of the time when the endorsement is actually made.
This obligation may be specifically enforced.
Warranties of
endorser or
transferor.
1910, 214, § 35.
Section 33. A person who negotiates or transfers for value a bill by 1
endorsement or delivery, including one who assigns for value a claim 2
secured by a bill, unless a contrary intention appears, warrants 3
(a) That the bill is genuine, 4
(b) That he has a legal right to transfer it, 5
(c) That he has knowledge of no fact which would impair the validity 6
or worth of the bill, and 7
(d) That he has a right to transfer the title to the goods, and that they 8
are merchantable or fit for a particular purpose, whenever such warranties 9
would have been implied if the contract of the parties had been to transfer 10
without a bill the goods represented thereby. H
In the case of an assignment of a claim secured by a bill, the liability 12
of the assignor shall not exceed the amount of the claim. 13
Section 34. The endorsement of a bill shall not make the endorser
Endorser not
liable for cer- . • i i?
^.■'„''s',*."'"f o„ liable for any failure on the part of the carrier or previous endorsers oi
1910, 214, § So. ,/ 1
the bill to fulfil their respective obligations.
Holder of bill
for security
does not war-
rant in certain
cases.
1910, 214, § 37.
Section 35. A mortgagee or pledgee, or other holder of a bill for
security who in good faith demands or receives payment of the debt for
which the bill is security, whether from a party to a draft drawn for such
debt or from any other person, shall not be deemed by so doing to rep-
resent or to warrant the genuineness of such bill or the quantity or
quality of the goods therein described.
negofiSion not SECTION 36. The Validity of the negotiation of a bill is not impaired
cmain farts ^y ^'^^ ^^^* ^^^^ ^"^'^ negotiation was a breach of dut>- on the part of the
1910, 214, § 38. person making the negotiation, or that tlie owner of the bill was dejirix-ed
of its possession by fraud, accident, mistake duress or conversion, it the
person to whom the bill was negotiated, or a person to whom it was sub-
sequently negotiated, gave value therefor, in good faith, without notice
of the breach of duty, fraud, accident, mistake, duress or conversion.
Ch.\P. 108.] BILLS OF L.ADING. 1283
1 Section 37. If a person having sold, mortgaged, or pledged goods EHectof sub-
2 in a carrier's possession for which a negotiable bill has been issued, or tfaS b"^*""
3 having sold, mortgaged, or pledged the negotiable bill representing such rettiSng
4 goods, continues in possession of the negotiable bill, the subsequent nego- igio^liT § 39.
5 tiation thereof by that person under any sale, pledge, or other disposition -''' ^'^^- '^*-
6 thereof to any person receiving it in good faith, for value and without
7 notice of the previous sale, shall have the same efl'ect as if the first pur-
8 chaser of the goods or bill had expressly authorized the subsequent
9 negotiation.
1 Section 3S. If goods are shipped by the consignor in accordance Formofbui
2 with a contract or order for their purchase, the form in which the bill tuT^TtiSi.
3 is taken by the consignor shall indicate the transfer or retention of the [giQ) ^4; 5 40;
4 property or right to the possession of the goods as follows :
5 (a) If by the bill the goods are deliverable to the buyer or to his agent,
6 or to the order of the buyer or of his agent, the consignor thereby trans-
7 fers the property in the goods to the buyer.
8 (6) If by the bill the goods are deliverable to the seller or to his agent,
9 or to the order of the seller or of his agent, the seller thereby reserves the
10 property in the goods. But if, except for the form of the bill, the prop-
11 erty would have passed to the buyer on shipment of the goods, the seller's
12 property in the goods shall be deemed to be only for the purpose of secur-
13 ing performance by the buyer of his obligations under the contract.
14 (c) If by the bill the goods are deliverable to the order of the buyer
15 or of his agent, but possession of the bill is retained by the seller or his
16 agent, the seller thereby reserves a right to the possession of the goods,
17 as against the buyer.
18 {d) If the seller draws on the buyer for the price, and transmits the
19 draft and bill together to the buyer to secure acceptance or payment
20 of the draft, the buyer is bound to return the bill if he does not honor the
21 draft, and if he wrongfully retains the bill he acquires no added right
22 thereby. If, however, the bill provides that the goods are deliverable
23 to the buyer, or to the order of the buyer, or is endorsed in blank or to
24 the buyer by the consignee named therein, one who purchases in good
2.5 faith, for value, the bill or goods from the buyer, obtains the title to the
26 goods, although the draft has not been honored, if such purchaser has
27 received delivery of the bill endorsed by the consignee named therein, or
28 of the goods, without notice of the facts making the transfer wrongful.
1 Section 39. If the seller of goods draws on the buyer for the price of ofTau'lnd"
2 the goods, and transmits the draft and a bill of lading for the goods J^gJo^^i^'j^i
3 either directly to the buyer or through a bank or other agency, unless a 242 Mass! 265.
4 different intention on the part of the seller appears, the buyer and all
5 other parties interested are justified in assuming:
6 (o) If the draft is by its terms or legal effect payable on demand or
7 presentation or at sight, or not more than three days thereafter, whether
8 such three days be termed days of grace or not, that the seller intended
9 to require payment of the draft before the buyer should be entitled to
10 receive or retain the bill.
11 (b) If the draft is by its terms payable on time, extending beyond three
12 days after demand, presentation or sight, whether such three days be
13 termed days of grace or not, that the seller intended to require accept-
14 ance, but not payment of the draft before the buyer should be entitled
15 to receive or retain the bill.
1284
BILLS OF LADING.
[CllAP. 108.
This section shall apply whether by the terms of the bill the goorls are 16
consigned to the seller, or to his order, or to the buyer, or to his order, or 17
to a third person, or to his order. 18
Right of
holder of
negotiable
bill superior
to seller's
lien, etc.
1908. 237, § 62.
1910, 214, § 42.
Section 40. If a negotiable bill has been issued for goods, no seller's 1
lien or right of stoppage in transit shall defeat the rights of any pur- 2
chaser for value in good faith to whom such bill has been negotiated, .3
whether such negotiation is prior or subsequent to the notification to 4
the carrier who issued such bill of the seller's claim to a lien or right of 5
stoppage in transit; nor shall the carrier be obliged to deliver, or be 6
justified in delivering, the goods to an unpaid seller unless such bill is 7
first surrendered for cancellation. 8
raieSeT^f SECTION 41. Exccpt as provided in the preceding section, this chap- 1
mortgagee or ^qj. ghall uot limit the rights and remedies of a mortgagee or lien holder 2
limited in whose mortgage or lien on goods would be valid, apart from this chapter 3
ma^iTTis. as against one who for value and in good faith purchased from the owner, 4
immediately prior to the time of their delivery to the carrier, the goods 5
subject to the mortgage or lien, and obtained possession thereof. 6
Penalty for
fraudulent
issue of bill
of lading.
1910, 214, f
1914, 635.
1918,257, §
1919, 5.
1920, 2.
CRIMINAL OFFENCES.
Section 42. An officer, agent, or servant of a carrier, who with intent
to defraud issues, or aids in issuing, a bill knowing that all or any part of
5 ** the goods for which it is issued have not been recei\-ed by the carrier,
464. or by an agent of such carrier or by a connecting carrier, or are not under
the carrier's control at the time of issuing the same, shall be punished
by a fine of not more than five thousand dollars or imprisonment in the
state prison for not more than five years or in a jail or house of correction
for not more than two and one half years, or both.
Penalty for
false state-
ment in bill.
1910, 214, § 45.
Section 43. An officer, agent, or servant of a carrier, who with in-
tent to defraud issues, or aids in issuing, a bill for goods, knowing that
it contains a false statement, shall be punished by a fine of not more than
one thousand dollars or by imprisonment for not more than one year, or
both.
Sufng^dupii- Section 44. An officer, agent, or servant of a carrier, who with in-
cOTtai'n'cases ^^^^ *" dcfraud issucs, or aids in issuing, a duplicate or additional negoti-
1910. 214, § 46. able bill for goods in violation of section seven, knowing that a former
1918! 257,' §464. negotiable bill for the same goods or any part of them is outstanding
i92oi 2. and uncancelled, shall be punished by a fine of not more than five thou-
sand dollars or by imprisonment in the state prison for not more than
five \ears or in a jail or house of correction for not more tlian two and
one half years, or both.
Penalty for
wrongful ship-
ment under
negotiable bill.
1910, 214, § 47.
Section 45. A person who ships goods to which he has not title, or
upon which there is a lien or mortgage, and who takes for such goods a
negotiable bill which he afterward negotiates for value with intent to
deceive, and without disclosing his want of title or the existence of the
lien or mortgage, shall be punished by a fine of not more than one thou-
sand dollars or by imprisonment for not more than one year, or both.
Chap. lOS.] bills of lading. 1285
1 Section 46. A person who with intent to deceive negotiates or trans- Penalty for
2 fers for vakie a bill, knowing that any or all of the goods which by its n^gotration
3 terms appear to have been received for transportation by the carrier "f I.Vi'™'"
4 which issued the bill, are not in the possession or control of such carrier, {y}!,'; I35 ^*^'
5 or of a connecting carrier, without disclosing this fact, shall be punished JUJo'?,^''' ^^®*-
6 by a fine of not more than five thousand dollars or by imprisonment in isi-'o! 2!
7 the state prison for not more than five years or in a jail or house of cor-
8 paction for not more than two and one half years, or both.
1 Section 47. A person who with intent to defraud secures the issue Penalty for
2 by a carrier of a bill, knowing that at the time of such issue, any or all oVabiiinfth'
3 of the goods described in such bill as received for transportation have d"fraud°
4 not been so received by such carrier, or by an agent of such carrier or a lolJleas.' ^*^'
5 connecting carrier, or are not under the carrier's control, by inducing JUlg;!"'^*®*'
6 an officer, agent, or servant of such carrier falsely to believe that such 1920,2.
7 goods have been so received or are under the carrier's control, shall be
8 punished by a fine of not more than five thousand dollars or by imprison-
9 ment in the state prison for not more than five years or in a jail or house
10 of correction for not more than two and one half years, or both.
1 Section 48. A person who with intent to defraud issues, or aids in Penalty for
2 issuing, a non-negotiable bill without the words "not negotiable" placed m™,',tfabiebm
3 plainly upon the face thereof, shall be punished by a fine not exceeding ^vord°s""n!!t
4 five thousand dollars or by imprisonment in the state prison for not "^fg^'fl']^ j'-go.
5 more than five vears or in a jail or house of correction for not more than !-!I|.??J^ , .„.
• ,1 1918, 2o7, §464.
6 two and one half years, or both.
1919, 5. 1920, 2.
interpretation.
1 Section 49. In any case not provided for in this chapter, the rules Application of
2 of law and equity including the law merchant, and in particular the rules 1910. 214, '551.
3 relating to the law of principal and agent, executors, administrators and
4 trustees, and to the eft'ect of fraud, misrepresentation, duress or coercion,
5 accident, mistake, bankruptcy, or other in\alidating cause, shall govern.
1 Section 50. The following words, as used in this chapter, unless the Definition
2 context otherwise requires shall have the following meanings: 1910, 214, 1 53.
3 "Action" includes counter-claim, set-oft" and suit in equity.
4 "Bill", bill of lading.
5 "Consignee", the person named in the bill as the person to whom
6 delivery of the goods is to be made.
7 "Consignor", the person named in the bill as the person from whom
8 the goods have been received for shipment.
9 "Goods", merchandise or chattels in course of transportation, or
10 which have been or are about to be transported.
11 "Holder" of a bill, a person who has both actual possession of such
12 bill and a right of property therein.
13 "Order", an order by endorsement on the bill.
14 "Owner" does not include mortgagee or pledgee.
15 "Person" includes a corporation or partnership or two or more persons
16 having a joint or common interest.
17 To "purchase" includes to take as mortgagee and to take as pledgee.
18 "Purchaser" includes mortgagee and pledgee.
•J^286 BILLS OF LADING. PARTNERSHIPS. [ChAPS. 108, 108A.
"Value" any consideration sufficient to support a simple contract. 19
An antecedent or pre-existing obligation, whether for nioney or not, 20
constitutes value where a bill is taken either in satisfaction thereot or 21
as security therefor. . , . , • c .i ■ i * oq
A thincT is done "in good faith", within the meaning of this chapter, 2i
when it is in fact done honestly, whether or not it be done negligently. 24
Citation of Section 51. This chapter may be cited as the uniform bills of 1
in?frprrtatioD, Jading act, and shall be so interpreted and construed as to accomplish 2
W^i^U: its general purpose to make uniform the laws of those states enacting 3
hke laws.
CHAPTER 108A
PARTNERSHIPS.
Sect.
1. Citation of chapter.
2. Definitions.
3. Same subject.
4. Rules of construction, etc. Certain
contracts, etc., not affected.
5. Rules of law and equity to govern.
N.A.TUEE OF PARTNERSHIP.
6. Partnership, term defined.
7. Rules for determining existence of part-
nership.
8. Partnership property defined. Acqui-
sition and conveyance.
BELATIONS OF PARTNERS TO PERSONS DEAL-
ING WITH THE PARTNERSHIP.
9. Partner as agent. Limitation of author-
ity to bind partnership.
10. Effect of certain conveyances of part-
nership real property.
11. Admissions and representations.
12. Notice.
13. Liability of partnership for certain
wrongful acts, etc., of partners.
14. Liability of partnership for money, etc.,
misapplied.
15. Joint and several liability of partners.
16. Liability of per.sons representing them-
selves as partners, etc.
17. Liability of new ijartners.
RELATIONS OF PARTNERS TO ONE ANOTHER.
18. Rights and duties to one another.
19. Books.
20. Accountability.
21. Same subject. Profits.
22. Formal account, right to, when.
23. Continuation of partnership beyond
time fixed for termination. Evi-
dence.
Sect.
property eighta of a partner.
24. Property rights of a partner, in general.
25. Same subject. Specific property.
26. Same subject. Profits, etc.
27. Same subject. Conveyance of interest,
effect. Rights of assignee.
28. Same subject. Proceedings by judg-
ment creditor of partner.
DISSOLUTION AND WINDING UP.
29. Dissolution and winding up, terms dia-
tinguished.
30. Termination, when effected.
31. Dissolution, causes defined.
32. Same subject. Court decree.
33. Same subject. Effect on authority of
partners.
34. Same subject. Effect when caused by
act, death or bankruptcy of partner.
35. Same subject. When and how partner
may subsequently bind partnership.
36. Same subject. Discharge from exist-
ing liabilities. Liability of individual
property of deceased partner.
37. Same subject. Right to wind up affairs.
38. Same subject. Property, etc., rights of
partners subsequent to.
39. Same subject. Rights of party entitled
to rescind partnership contract.
40. Same subject. Settlement of accounts
between partners.
41. Same subject. Continuation of busi-
ness by new or surviving partners,
rights of creditors.
42. Same subject. Rights of retiring part-
ner and estate of deceased partner.
43. Same subject. Right to account, when
to accrue.
GENERAL PROVISION.
44. Certain provisions of law not affected.
Chap. 108A.] partnerships. 1287
1 Section 1. This chapter may be cited as the Uniform Partnership Citation of
2 Act. ' '■'""""■
1922, 4S6, S 1.
1 Section 2. In this chapter, "court" includes every court and judge DeBnitions.
2 having jurisdiction in the case. ^ 22,486, §1.
3 "Business" includes every trade, occupation, or profession.
4 "Bankrupt" includes bankrupt under the Federal Bankruptcy Act or
,5 insolvent under any state insolvent law.
6 "Conveyance" includes every assignment, lease, mortgage or encum-
t
brance.
8 "Real property" includes land and any interest or estate in land.
1 Section .3. (1) A person has " knowledge " of a fact within the mean- same subject.
2 ing of this chapter, not only when he has actual knowledge thereof, but
3 also when he has knowledge of such other facts as in the circumstances
4 show bad faith.
5 (2) A person has "notice " of a fact within the meaning of this chapter
6 when the person who claims the benefit of the notice
7 (a) States the fact to such person, or
8 (b) Delivers through the mail, or by other means of communication,
9 a written statement of the fact to such person or to a proper person at
10 his place of business or residence.
con-
struction, eto.
con-
1 Section 4. (1) The rule that statutes in derogation of the common Rules of
2 law are to be strictly construed shall have no application to this chapter. ceJtain
3 (2) The law of estoppel shall apply under this chapter. noTaSe^c't'e'd
4 (3) The law of agency shall apply under this chapter. ^^-^' ***• 5 1-
5 (4) This chapter shall be so interpreted and construed as to effect its
6 general purpose to make uniform the law of those states which enact it.
7 (5) This chapter shall not be construed so as to impair the obligations
8 of any contract existing on January first, nineteen hundred and twenty-
9 three, nor to affect any action or proceedings begun or right accrued
10 before said date.
1 Section 5. In anv case not provided for in this chapter the rules of '^"J^^ "'. '*"
«/ 1 IT and eQuitv
2 law and equity, including the law merchant, shall govern. to govern.
1922, 4S6, § 1.
NATURE OF PARTNERSHIP.
1 Section 6. (1) A partnership is an association of two or more per- Partnership,
2 sons to carry on as co-owners a business for profit. i922,'486?^§*i.
3 (2) But any association formed under any other statute of this state, fgg -^^33; 365^
4 or any statute adopted by authority, other than the authority of this
5 state, is not a partnership under this chapter, unless such association
6 would have been a partnership in this state prior to January first, nine-
7 teen hundred and twenty-three; but this chapter shall apply to limited
8 partnerships except in so far as the statutes relating to such partner-
9 ships are inconsistent herewith.
1 Section 7. In determining whether a partnership exists, these rules Rules for
2 shall apply: _ ^iS^^'Sf
3 (1) Except as provided by section sixteen persons who are not part- f922?"86)'5 1.
4 ners as to each other are not partners as to third persons. ^bo Mass. see.
1288
PARTNERSHIPS.
[Chap. 108A.
(2) Joint tenancy, tenancy in common, tenancy by the entireties, 5
joint property, common property, or part ownership does not of itself 6
estabhsh a partnership, whether such co-owners do or do not share any 7
profits made by the use of the property. 8
(3) The sharing of gross returns does not of itself establish a partner- 9
ship, whether or not the persons sharing them have a joint or common 10
right or interest in any property from which the returns are derived. 11
(4) The receipt by a person of a share of the profits of a business is 12
prima facie evidence that he is a partner in the business, but no such 13
inference shall be drawn if such profits were received in payment: 14
(a) Of a debt by instalments or otherwise, 15
(h) As wages of an employee or rent to a landlord, 16
(c) As an annuity to a widow or representative of a deceased partner, 17
(f/) As interest on a loan, though the amount of payment vary with 18
the profits of the business, 19
(e) As the consideration for the sale of the good will of a business or 20
other property by instalments or otherwise. 21
Partnership
property
defined.
Acquisition
and con-
veyance.
1922, 486, § 1.
260 Mass. 566.
Section 8. (1) All property originally brought into the partnership 1
stock or subsequently acquired, by purchase or otherwise, on account 2
of the partnership is partnership property. 3
(2) Unless the contrary intention appears, property acquired with 4
partnership funds is partnership property. 5
(3) Any estate in real property may be acquired in the partnership 6
name. Title so acquired can be conveyed only in the partnership name. 7
(4) A conveyance to a partnership in the partnership name, though 8
without words of inheritance, passes the entire estate of the grantor 9
unless a contrary intent appears. 10
Partner as
agent.
Limitation of
autiiority
to bind
partnership.
1922, 486. § 1.
243 Mass. 465.
RELATIONS OF PARTNERS TO PERSONS DEALING WITH THE PARTNERSHIP.
Section 9. (1) Every partner is an agent of the partnership for the 1
purpose of its business, and the act of every partner, including the execu- 2
tion in the partnership name of any instrument, for apparently carrying 3
on in the usual way the business of the partnership of which he is a 4
member binds the partnership, unless the partner so acting has in fact 5
no authority to act for the partnership in the particular matter, and the 6
person with whom he is dealing has knowledge of the fact that he has 7
no such authority. 8
(2) An act of a partner which is not apparently for the carrying on of 9
the business of the partnership in the usual way does not bind the part- 10
nership unless authorized by the other partners. H
(3) Unless authorized by the other partners or unless they have 12
abandoned the business, one or more but less than all the partners have 13
no authority to: 14
(a) Assign the partnership property in trust for creditors or on the 15
assignee's promise to pay the debts of the partnership, IG
(b) Dispose of the good will of the business, 17
(c) Do any other act which would make it impossible to carry on the 18
ordinary business of the partnership, 19
(d) Confess a judgment, 20
(e) Submit a partnership claim or liability to arbitration or reference. 21
Chap. 108A.] partnerships. 1289
22 (4) No act of a partner in contravention of a restriction on his author-
23 ity shall bind the partnership to persons having knowledge of the restric-
24 tion.
1 Section 10. (1) \^liere title to real property is in the partnership Effect ot
2 name, any partner may convey title to such property by a conveyance veyaiceTpf
3 executed in the partnership name; but the partnership may recover ?e''ai'p?op''e'r'ty.
4 such property unless the partner's act binds the partnership under the '^^^' *^- ^ '•
5 provisions of paragraph (1) of section nine, or unless such property has
6 been conveyed by the grantee or a person claiming through such grantee
7 to a holder for value without knowledge that the partner, in making the
8 conveyance, has exceeded his authority.
9 (2) Where title to real property is in the name of the partnership,
10 a conveyance executed by a partner, in his own name, passes the equi-
11 table interest of the partnership, provided the act is one within the
12 authority of the partner under the provisions of paragraph (1) of section
13 nine.
14 (3) Where title to real property is in the name of one or more but not
15 all the partners, and the record does not disclose the right of the part-
16 nership, the partners in whose name the title stands may convey title
17 to such property, but the partnership may recover such property if the
18 partners' act does not bind the partnership under the provisions of
19 paragraph (1) of section nine, unless the purchaser or his assignee is a
20 holder for value, without knowledge.
21 (4) Where the title to real property is in the name of one or more of
22 all the partners, or in a third person in trust for the partnership, a con-
23 veyance executed by a partner in the partnership name, or in his own
24 name, passes the equitable interest of the partnership, provided the
25 act is one within the authority of the partner under the provisions of
26 paragraph (1) of section nine.
27 (5) Where the title to real property is in the names of all the partners
28 a conveyance executed by all the partners passes all their rights in such
29 property.
1 Section 11. An admission or representation made by any partner AdmissioDs and
2 concerning partnership affairs within the scope of his authority as i922T486?Ti'°
3 conferred by this chapter is evidence against the partnership.
1 Section 12. Notice to any partner of any matter relating to part- Notice.
2 nership affairs, and the knowledge of the partner acting in the particular
3 matter, acquired while a partner or then present to his mind, and the
4 knowledge of any other partner who reasonably could and should have
5 communicated it to the acting partner operate as notice to or knowledge
6 of the partnership, except in the case of a fraud on the partnership com-
7 mitted by or with the consent of that partner.
1 Section 13. ^^^lere, by any WTongful act or omission of any partner Liability of
2 acting in the ordinary course of the business of the partnership, or certrin'wrong'-'^
3 with the authority of his co-partners, loss or injury is caused to any ofp^ar'nere"'
4 person, not being a partner in the partnership, or any penalty is incurred, 1^22, 486. § 1.
5 the partnership is liable therefor to the same extent as the partner so
6 acting or omitting to act.
1290
Liability of
partnership for
money, etc.,
misapplied.
1922, 486, § 1.
PAETNERSHIPS.
[Chap. 108A.
Section 14. The partnership is bound to make good the loss:
(o) Where one partner acting within the scope of his apparent au-
thority receives money or property of a third person and misappHes it;
and
(b) Where the partnership in tiie course of its business recei\'es money
or property of a third person and the money or property so received is ^
misapplied by any partner while it is in the custody of the partnership. 7
Joint and
several liability
of partners.
1922, 486, § 1.
Section 15. All partners are liable :
(a) Jointly and severally for everything chargeable to the partnership
under sections thirteen and fourteen.
(b) Jointly for all other debts and obligations of the partnership; but
any partner may enter into a separate obligation to perform a partner-
ship contract.
1
2
3
4
5
6
Liability of
persons repre-
senting them-
selves as
partners, etc.
1922, 486, § 1.
263 Mass. 322,
Liability of
new partner.
1922, 486, § 1.
9
Section 16. (1) When a person, by words spoken or written or by
conduct, represents himself, or consents to another representing him to
any one, as a partner in an existing partnership or with one or more
persons not actual partners, he is liable to any such person to whom
such representation has been made, who has, on the faith of such rep-
resentation, given credit to the actual or apparent partnership, and if
he has made such representation or consented to its being made in a
public manner he is liable to such person, whether the representation has
or has not been made or communicated to such person so giving credit
by or with the knowledge of the apparent partner making the represen- 10
tation or consenting to its being made. 11
(a) When a partnership liability results he is liable as though he were 12
an actual member of the partnership. 13
(b) When no partnership liability results he is liable jointly with the 14
other persons, if any, so consenting to the contract or representation 15
as to incur liability, otherwise separately. 16
(2) When a person has been thus represented to be a partner in an 17
existing partnership, or with one or more persons not actual partners, 18
he is an agent of the persons consenting to such representation to bind 19
them to the same extent and in the same manner as though he were a 20
partner in fact, with respect to persons who rely upon the representa- 21
tion. Where all the members of the existing partnership consent to the 22
representation, a partnership act or obligation results; but in all other 23
cases it is the joint act or obligation of the person acting and the per- 24
sons consenting to the representation. 25
Section 17. A person admitted as a partner into an existing part-
nership is liable for all the obligations of the partnership arising before
his admission as though he had been a partner when such obligations
were incurred, except that this liability shall be satisfied only out of
partnership property.
Rights and
duties to
one another.
1922. 486, § 1.
26S Mass. 365.
RELATIONS OF PARTNERS TO ONE ANOTHER.
Section 18. The rights and duties of the partners in relation to the
partnership shall be determined, subject to any agreement between
them, by the following rules:
(a) Each partner shall be repaid his contributions, whether by way of
capital or advances to the partnership property, and share equally in
Chap. 108A.] partnerships. 1291
6 the profits and surplus remaining after all liabilities, including those to
7 partners, are satisfied; and must contribute towards the losses, whether
8 of capital or otherwise, sustained by the partnership according to his
9 share in the profits.
10 (6) The partnership must indemnify every partner in respect of pay-
11 ments made and personal liabilities reasonably incurred by him in the
12 ordinary and proper conduct of its business, or for the preservation of its
13 business or property.
14 (c) A partner, who in aid of the partnership makes any payment or
15 advance beyond the amount of capital which he agreed to contribute,
16 shall be paid interest from the date of the payment or advance.
17 (d) A partner shall receive interest on the capital contributed by him
18 only from the date when repayment should be made.
19 (e) All partners have equal rights in the management and conduct of
20 the partnership business.
21 (/) No partner is entitled to remuneration for acting in the partner-
22 ship business, except that a surviving partner is entitled to reasonable
2.3 compensation for his services in winding up the partnership affairs.
24: (g) No person can become a member of a partnership without the
25 consent of all the partners.
26 (h) Any difference arising as to ordinary matters connected with the
27 partnership business may be decided by a majority of the partners; but
28 no act in contravention of any agreement between the partners may be
29 done rightfully without the consent of all the partners.
1 Section 19. The partnership books shall be kept, subject to any Books.
2 agreement between the partners, at the principal place of business of ''"'"^' **®' ^ ^"
3 the partnership, and every partner shall at all times have access to and
4 may inspect and copy any of them.
1 Section 20. Partners shall render on demand true and full infor- Accountability.
2 mation of all things affecting the partnership to any partner or the legal '®""' ''*®' ^ ^'
3 representative of any deceased partner or partner under legal disability.
1 Section 21. (1) Every partner must account to the partnership for same subject.
2 any benefit, and hold as trustee for it any profits derived by him without f922,'486, § i.
3 the consent of the other partners from any transaction connected with
4 the formation, conduct or liquidation of the partnership or from any use
5 by him of its property.
6 (2) This section applies also to the representatives of a deceased partner
7 engaged in the liquidation of the affairs of the partnership as the personal
8 representatives of the last surviving partner.
1 Section 22. Any partner shall have the right to a formal account as Formal ac-
2 to partnership affairs: trwhe'n*''*
3 (a) If he is wrongfully excluded from the partnership business or pos- ^®^^' **®' ^ ^'
4 session of its property by his co-partners,
5 (6) If the right exists under the terms of any agreement,
6 (c) As provided by section twenty-one,
7 (d) Whenever other circumstances render it just and reasonable.
1 Section 23. (1) When a partnership for a fixed term or particular Continuation
2 undertaking is continued after the termination of such term or particular ship^blyond
1292
PARTNERSHIPS.
[Chap. 108A.
time fixed for
termination.
Evidence.
1922, 486, § 1.
undertaking without any express agreement, the rights and duties of the 3
partners remain the same as they were at such termination, so far as is 4
consistent with a partnership at will. 5
(2) A continuation of the business by the partners or such of them as 6
habitually acted therein during the term, without any settlement or liqui- 7
dation of the partnership affairs, is prima facie evidence of a continuation 8
of the partnership. 9
property rights of a partner.
Property rightB SECTION 24. The property rights of a partner are (1) his rights in 1
of a partner, ^ ^ • , . . . , . .
in|™"ai specific partnership property, (2) his interest in the partnership, and 2
256 Mass! 302. (3) his right to participate in the management. 3
Same subject.
Specific
property.
1922, 486, § 1.
256 Mass. 302.
Section 2.5. (1) A partner is co-owner with his partners of specific 1
partnership property holding as a tenant in partnership. 2
(2) The incidents of this tenancy are such that : 3
(a) A partner, subject to the provisions of this chapter and to any 4
agreement between the partners, has an equal right with his partners to 5
possess specific partnership property for partnership purposes; but he 6
has no right to possess such property for any other purpose without the 7
consent of his partners. 8
(b) A partner's right in specific partnership property is not assignable 9
except in connection with the assignment of the rights of all the partners 10
in the same property. 11
(c) A partner's right in specific partnership property is not subject to 12
attachment or execution, except on a claim against the partnership. 13
When partnership property is attached for a partnership debt the part- 14
ners, or any of them, or the representatives of a deceased partner, cannot 15
claim any right under the homestead or exemption laws. 16
(d) On the death of a partner his right in specific partnership property 17
vests in the surviving partner or partners, except where the deceased was 18
the last surviving partner, when his right in such property vests in his 19
legal representative. Such surviving partner or partners, or the legal 20
representative of the last surviving partner, has no right to possess the 21
partnership propert\' for any but a partnership purpose. 22
(e) A partner's right in specific partnership property is not subject to 23
dower, curtesy, or allowances to widows, heirs, or next of kin. 24
A partner's interest in the partnership is his share of the 1
2
Same subject. SECTION 26.
i rooLs ptc ~
1922, 486, § 1. profits and surplus, and the same is personal property.
266 Mass. 302. ' f > f t- r- j
Same subject.
Conveyance
of interest,
effect. Rights
of assignee.
1922, 486, § 1.
256 Mass. 302.
Section 27. (1) A conveyance by a partner of his interest in the 1
partnership does not of itself dissolve the partnership, nor, as against the 2
other partners in the absence of agreement, entitle the assignee, during 3
the continuance of the partnership, to interfere in the management or 4
administration of the partnership business or afl'airs, or to require any 5
information or account of partnership transactions, or to inspect the 6
partnership books; but it merely entitles the assignee to receive in 7
accordance with his contract the ])r()fits to which the assigning partner 8
would otherwise be entitled. 9
(2) In case of a dissolution of the partnership, the assignee is entitled 10
to receive his assignor's interest and may require an account from the 11
date only of the last account agreed to by all the partners. 12
Chap. 108A.] partnerships. 1293
1 Section 2S. (1) On due application to the superior court bv anv samcBubject.
. ■ ,. \ 1 i 1_ il • i i f J.1 Proceedings by
2 judgment creditor of a partner, such court may charge the uiterest ot tlie iu.iKmont
3 debtor partner with payment of the unsatisfied amount of sucii judgment pannoT. "'
4 debt with interest thereon; and may then or later appoint a receiver of I'^^a. 486, § i.
5 his share of the profits, and of any other money (hie or to fall due to him
6 in respect of the partnership, and make all other orders, directions, ac-
7 counts and inquiries which the debtor partner might have made, or which
8 the circumstances of the case may require.
9 (2) The interest charged may be redeemed at any time before fore-
10 closure, or in case of a sale being directed by the court may be purchased
1 1 without thereby causing a dissolution :
12 (fl) With separate property, by any one or more of the partners, or
13 (b) With partnership property, by any one or more of the partners with
14 the consent of all the partners whose interests are not so charged or sold.
15 (3) Nothing in this chapter shall be held to deprive a partner of his
16 right, if any, under the exemption laws, as regards his interest in the
17 partnership.
DISSOLUTION AND WINDING UP.
1 Section 29. The dissolution, of a partnership is the change in the Dissolution
2 relation of the partners caused by any partner ceasing to be associated in up, terms"*
3 the carrying on as distinguished from the winding up of the business. tiii.Tstti-
268 Mass. 365.
1 Section 30. On dissolution the partnership is not terminated, but ^hen'^ffected
2 continues until the winding up of partnership affairs is completed. 1922. 486, 5 1'.
268 Mass. 365.
1 Section 31. Dissolution is caused: Jiusel'dcSMd.
2 (1) Without violation of the agreement between the partners, lil\,*^^' Lh
TA, .. i,iin> *i 1 !• 268 Mass. 365.
3 (a) By the termmation of the dennite term or particular undertaking
1 specified in the agreement,
5 (b) By the express will of any partner when no definite term or particu-
6 lar undertaking is specified,
7 (c) By the express will of all the partners who have not assigned their
8 interests or suffered them to be charged for their separate debts, either
9 before or after the termination of any specified term or particular under-
10 taking,
1 1 {d) By the expulsion of any partner from the business bona fide in ac-
12 cordance with such a power conferred by the agreement between the
13 partners;
14 (2) In contravention of the agreement between the partners, where the
15 circumstances do not permit a dissolution under any other provision of
16 this section, by the express will of any partner at any time;
17 (3) By any event which makes it unlawful for the business of the
18 partnership to be carried on or for the members to carry it on in partner-
19 ship;
20 (4) By the death of any partner;
21 (5) By the bankruptcy of any partner or the partnership;
22 (6) By decree of court under section thirty-two.
1 Section 32. (1) On application by or for a partner the court shall l^ndecf^:
2 decree a dissolution whenever: 251 Vats'. 124.
3 (a) A partner has been declared a lunatic in any judicial proceeding or
4 is shouTi to be of unsound mind.
1294
PARTNERSHIPS.
[Chap. 108A.
Same subject.
Effect on
authority
of partners.
1922, 486. § 1.
(b) A partner becomes in any other way incapable of performing his 5
part of the partnership contract, 6
(c) A partner has been guilty of such conduct as tends to affect preju- 7
dicially the carrying on of the business, 8
(d) A partner wilfully or persistently commits a breach of the part- 9
nership agreement, or otherwise so conducts himself in matters relating 10
to the partnership business that it is not reasonably practicable to carry 11
on the business in partnership with him, 12
(e) The business of the partnership can only be carried on at a loss, 13
(/) Other circumstances render a dissolution equitable. 14
(2) On the application of the purchaser of a partner's interest under 15
section twenty-seven or twenty-eight: 16
(fl) After the termination of the specified term or particular under- 17
taking, 18
(6) At any time if the partnership was a partnership at will when the 19
interest was assigned or when the charging order was issued. 20
Section 33. Except so far as may be necessary to wind up partner-
ship afifairs or to complete transactions begun but not then finished, dis-
solution terminates all authority of any partner to act for the partnership,
(1) With respect to the partners,
(a) When the dissolution is not by the act, bankruptcy or death of a
partner; or
(b) When the dissolution is by such act, bankruptcy or death of a
partner, in cases where section thirty-four so requires;
(2) With respect to persons not partners, as declared in section
thirty-five.
1
6
7
10
Same subject.
Effect when
caused by act,
death or
bankruptcy
of partner.
1922, 486, § 1.
Section 34. Where the dissolution is caused by the act, death or 1
bankruptcy of a partner, each partner is liable to his co-partners for his 2
shares of any liability created by any partner acting for the partnership 3
as if the partnership had not been dissolved unless 4
(a) The dissolution being by act of any partner, the partner acting 5
for the partnership had knowledge of the dissolution; or 6
(b) The dissolution being by the death or bankruptcy of a partner, 7
the partner acting for the partnership had knowledge or notice of the 8
death or bankruptcy. 9
Same subject.
When and
how partner
may subse-
quently bind
partnership.
1922, 486, § 1.
Section 35. (1) After dissolution a partner can bind the partner- 1
ship except as provided in paragraph (3) 2
(a) By any act appropriate for winding up partnership affairs or com- 3
pleting transactions unfinished at dissolution; 4
(6) By any transaction which would bind the partnership if dissolu- 5
tion had not taken place, provided the other party to the transaction 6
(1) Had extended credit to the partnership prior to dissolution and 7
had no knowledge or notice of the dissolution; or 8
(II) Though he had not so extended credit, had nevertheless known of 9
the partnership prior to dissolution, and, having no knowledge or notice 10
of dissolution, the fact of dissolution has not been advertised in a news- 11
paper of general circulation in the place (or in each place if more than 12
one) at which the partnership business was regularly carried on. 13
(2) The liability of a partner under paragraph (1 b) shall be satisfied 14
out of partnership assets alone when such partner had been prior to 15
dissolution 10
Chap. 108A.] partnerships. 1295
17 (a) Unknown as a partner to the person with whom the contract is
18 made; and
19 (6) So far unknown and inactive in partnership affairs that the busi-
20 ness reputation of the partnership could not be said to have been in any
21 degree due to his connection with it.
22 (3) The partnership is in no case bound by any act of a partner after
23 dissohition
24 (a) Where the partnership is dissolved because it is unlawful to carry
25 on the business, unless the act is appropriate for winding up partnership
26 affairs; or
27 (6) Where the partner has become bankrupt; or
28 (c) Where the partner has no authority to wind up partnership affairs,
29 except by a transaction with one who
30 (I) Had extended credit to the partnership prior to dissolution and
31 had no knowledge or notice of his want of authority; or
32 (II) Had not extended credit to the partnership prior to dissolution,
33 and, having no knowledge or notice of his want of authority, the fact
34 of his want of authority has not been advertised in the manner provided
35 for advertising the fact of dissolution in paragraph (1 b II).
36 (4) Nothing in this section shall affect the liability under section
37 sixteen of any person who after dissolution represents himself or con-
38 sents to another representing him as a partner in a partnership engaged
39 in carrying on business.
1 Section 36. (1) The dissolution of the partnership does not of itself oircharti"''
2 discharge the existing liability of any partner. UaMiti^l""*
3 (2) A partner is discharged from any existing liability upon dissolution jLiabi|Ji'y^f'
4 of the partnership by an agreement to that effect between himself, the g^ope^ty of
5 partnership creditor and the person or partnership continuing the busi- p<^^\^""- ^
6 ness; and such agreement may be inferred from the course of dealing "' . '
7 between the creditor having knowledge of the dissolution and the person
8 or partnership continuing the business.
9 (3) Where a person agrees to assume the existing obligations of a dis-
10 solved partnership, the partners whose obligations have been assumed
11 shall be discharged from any liability to any creditor of the partnership
12 who, knowing of the agreement, consents to a material alteration in the
13 nature or time of payment of such obligations.
14 (4) The individual property of a deceased partner shall be liable for
15 all obligations of the partnership incurred while he was a partner but
16 subject to the prior payment of his separate debts.
1 Section 37. Unless otherwise agreed the partners who have not ||^hV,'J,''''''^*-
2 wrongfully dissolved the partnership or the legal representative of the ^^™d up
3 last surviving partner, not bankrupt, has the right to wind up the part- 1922, 486, 5 1.
4 nership affairs; provided, that any partner, his legal representative, or
5 his assignee, upon cause shown, may obtain winding up by the court.
1 Section 38. (1) When dissolution is caused in any way, except in Samesubiect
2 contravention of the partnership agreement, each partner, as agamst his r-ghts^of
3 co-partners and all persons claiming through them in respect of their subsequent to.
4 interests in the partnership, unless otherwise agreed, may have the part- '®--'* ®'
5 nership property applied to discharge its liabilities, and the surplus
6 applied to pay in cash the net amount owing to the respective partners.
7 But if dissolution is caused by expulsion of a partner bona fide under the
1296 PARTNERSHIPS. [ClIAP. lOSA.
partnership agreement, and if the expelled partner is discharged from all 8
partnership liabilities, either by payment or agreement imder section 9
thirty-six (2), he shall receive in cash only the net amount due him from 10
the partnership. 11
(2) When (lissolution is caused in contravention of the partnership 12
agreement the rights of the partners shall be as follows : 13
(a) Each partner who has not caused dissolution wrongfully shall U
have — . . ^^
I. All the rights specified in paragraph (1) of this section, and 16
II. The right, as against each partner who has caused the dissolution 17
wrongfully, to damages for breach of the agreement. 18
(b) The partners who have not caused the dissolution wrongfully, if 19
they all desire to continue the business in the same name, either by them- 20
selves or jointly with others, may do so during the agreed term for the 21
partnership, and for that purpose may possess the partnership property, 22
provided they secure the payment by bond approved by the court, or 23
pay to any partner who has caused the dissolution wrongfully the value 24
of his interest in the partnership at the dissolution, less any damages 25
recoverable under clause (2 a II) of this section, and in like manner 26
indemnify him against all present or future partnership liabilities. 27
(c) A partner who has caused the dissolution wrongfully shall have — 28
I. If the business is not continued under the provisions of paragraph 29
(2 b), all the rights of a partner under paragraph (1), subject to clause .30
(2 a II) of this section. _ 31
II. If the business is continued under paragraph (2 b) of this section, 32
the right as against his co-partners and all claiming through them in 33
respect of their interests in the partnership, to have the value of his 34
interest in the partnership, less any damages caused to his co-partners 35
by the dissolution, ascertained and paid to him in cash, or the payment 36
secured by bond approved by the court, and to be released from all 37
existing liabilities of the partnership; but in ascertaining the value of the 38
partner's interest the value of the good will of the business shall not be 39
considered. 40
RiSfts M^'arty SECTION 39. Where a partnership contract is rescinded on the ground 1
entitled to pf the fraud or misrepresentation of one of the parties thereto, the party 2
pMtnership entitled to rescind is. without prejudice to any other right, entitled — 3
1922^486, 5 1. (fj) To a lien on, or right of retention of, the surplus of the partnership 4
property after satisfying the partnership liabilities to third persons for 5
any sum of money paid by him for the purchase of an interest in the 6
partnership and for any capital or advances contributed by him ; and 7
(b) To stand, after all liabilities to third persons have been satisfied, in 8
the jjlace of the creditors of the partnership for any payments made by 9
him in respect of the partnership liabilities; and 10
(f) To be indemnified by the [jerson guilty of the fraud or making the 1 1
representation against all debts and liabilities of the partnership. 12
iettiem"e'?^f o*f' SECTION 40. In Settling accounts between the partners after dissolu- 1
accounts *\qj^ ^^g followiug rulcs shall be observed, subject to any agreement to 2
between ' ^ .f . ._.
PS^i.'"L^I;. ,, the contrary: "J
(a) The assets of the partnership are — 4
I. The partnership property. 5
II. The contributions of the partners necessar\- for the payment of all (i
the liabilities specified in clause (b) of this section. 7
1922,486, § 1.
Chap. 108A.] partnerships. 1297
S (b) The liabilities of the partnership shall rank in order of payment, as
9 follows:
10 I. Those owing to creditors other than partners.
11 II. Those owing to partners other than for capital and [)rofits.
12 III. Those owing to partners in respect of capital.
13 IV. Those owing to partners in respect of profits.
14 (c) The assets shall be applied in the order of their declaration in clause
15 (a) of this section to the satisfaction of the liabilities.
16 {(1) The partners shall contribute, as provided by section eighteen (a),
17 the amount necessary to satisfy the liabilities; but if any, but not all, of
18 the partners are insolvent, or, not being subject to process, refuse to
19 contribute, the other partners shall contribute their share of the liabili-
20 ties, and, in the relative proportions in which they share the profits, the
21 additional amount necessary to pay the liabilities.
22 (c) An assignee for the benefit of creditors or any person appointed by
23 the court shall have the right to enforce the contributions specified in
24 clause ((/) of this section.
25 (/) Any partner or his legal representative shall have the right to
26 enforce the contributions specified in clause (d) of this section, to the
27 extent of the amount which he has paid in excess of his share of the
28 liability.
29 (g) The individual property of a deceased partner shall be liable for the
30 contributions specified in clause (d) of this section.
31 (h) When partnership property and the individual properties of the
32 partners are in the possession of a court for distribution, partnership
33 creditors shall ha\e priority on partnership property and separate
34 creditors on indi\idual property, saving the rights of lien or secured
35 creditors as heretofore.
36 (/) Where a partner has become bankrupt or his estate is insolvent,
37 the claims against his separate property shall rank in the following
38 order:
39 I. Those owing to separate creditors.
40 II. Those owing to partnership creditors.
41 III. Those owing to partners by way of contribution.
1 Section 41. (1) W'hen anv new partner is admitted into an existing same subject.
^ ' • ^ . , . , . 1 1 • Continuation
2 partnership, or when any partner retires and assigns, or dies and nis of business
3 representative assigns, his rights in partnership property to two or more sii-N^l^n"
4 of the partners, or to one or more of the partners, and one or more third HghtTof'
5 persons, if the business is continued without liquidation of the partnership 5922,*486, § i.
6 affairs, creditors of the first or dissolved partnership are also creditors of
7 the partnership so continuing the business.
8 (2) When all but one partner retire and assign, or die and their repre-
9 sentatives assign, their rights in partnership property to the remaining
10 partner, who continues the business without liquidation of partnership
11 affairs, either alone or with others, creditors of the dissolved partnership
12 are also creditors of the person or partnership so continuing the business.
13 (3) When any partner retires or dies and the business of the dissolved
14 partnership is continued as set forth in paragraph (1) or (2) of this sec-
15 tion, with the consent of the retired partners or the representative of the
16 deceased partner, but without any assignment of his right in partnership
17 property, rights of creditors of the dissolved partnership and of the
18 creditors of the person or partnership continuing the business shall be as
19 if such assignment had been made.
1298
PARTNERSHIPS.
[Chap. 108A.
(4) When all the partners or their representatives assign their rights 20
in partnership property to one or more third persons, who promise to pay 21
the debts and who continue the business of the dissolved partnership, 22
creditors of the dissohed partnership are also creditors of the person or 2:^
partnership continuing the business. 24
(5) When any partner wrongfully causes a dissolution and the remain- 25
ing partners continue the business under the provisions of section thirty- 26
eight (2 b), either alone or with others, and without liquidation of the 27
partnership affairs, creditors of the dissolved partnership are also creditors 28
of the person or partnership continuing the business. 29
(6) When a partner is expelled and the remaining partners continue 30
the business either alone or with others, without liquidation of the 31
partnership affairs, creditors of the dissolved partnership are also creditors 32
of the person or partnership continuing the business. 33
(7) The liability of a third person becoming a partner in the partner- 34
ship continuing the business, under this section, to the creditors of the 35
dissolved partnership shall be satisfied out of partnership property only. 36
(8) When the business of a partnership after dissolution is continued 37
under any conditions set forth in this section, the creditors of the dissolved 38
partnership, as against the separate creditors of the retiring or deceased 39
partner or the representative of the deceased partner, have a prior right to 40
any claim of the retired partner or the representative of the deceased 41
partner against the person or partnership continuing the business, on 42
account of the retired or deceased partner's interest in the dissolved 43
partnership or on account of any consideration promised for such interest 44
or for his right in partnership property. 45
(9) Nothing in this section shall be held to modify any right of creditors 46
to set aside any assignment on the ground of fraud. 47
(10) The use by the person or partnership continuing the business of 48
the partnership name, or the name of a deceased partner as part thereof, 49
shall not of itself make the individual property of the deceased partner 50
liable for any debts contracted by such person or partnership. 51
Same subject.
Rights of
retiring part-
ner and estate
of deceased
partner.
1922, 486, § 1.
Same subject
Right to
account,
when to
accrue.
1922, 486, i 1.
Section 42. When any partner retires or dies, and the business is 1
continued under any of the conditions set forth in section forty-one (1) 2
(2) (3) (5) (6), or section thirty-eight (2 b), without any settlement of 3
accounts as between him or his estate and the person or partnership con- 4
tinuing the business, unless otherwise agreed, he or his legal rcpresenta- 5
ti\e as against such persons or partnership may have the ^•alue of his 6
interest at the date of dissolution ascertained, and shall receive as an 7
ordinary creditor an amount equal to the value of his interest in the 8
dissolved partnership with interest, or, at his option or at the option of his 9
legal representative, in lieu of interest, the profits attributable to the use 10
of his right in the property of the dissolved partnership; provided, that 11
the creditors of the dissolved partnership as against the separate creditors, 12
or the representative of the retired or deceased partner, shall have priority 13
on any claim arising under this section, as provided h\ section forty-one 14
(8). 15
Section 43. The right to an account of his interest shall accrue to any 1
partner, or his legal representative, as against the winding up partners or 2
the survi\'ing partners or the person or partnership continuing the busi- 3
ness, at the date of dissolution, in the absence of any agreement to the 4
contrary. 5
Chaps. 108A, 109.] partnerships, limited partnerships.
1299
GENER.\L PROVISION.
1 Section 44. Nothing in this chapter shall affect clause
2 section three of chapter two hundred and fourteen.
seven
f Certain pro-
01 visions of law
not affontftd.
1922, 486, § 1.
CHAPTER 109.
LIMITED PARTNERSHIPS.
Sect.
1. Limited p.artnersliip. Definition. Gen-
eral and limited partners.
2. Same subject. Formation. Certificate;
contents, filing, etc.
3. Same subject. Nature of business.
4. Limited partner, contributions.
5. Same subject. Surname in partner-
ship name restricted, liability.
6. False certificate, liability.
7. Limited partner, when liable as gen-
eral partner.
8. Same subject. Additional, admission.
9. General partner, rights, powers and
liabilities.
10. Limited partner, rights.
11. Same subject. Person erroneously be-
lieving himself to be limited partner.
12. Same subject. Same person both gen-
eral and limited partner, rights, etc.
13. Same subject. Transactions with part-
nership.
14. Same subject. Priority agreements.
15. Same subject. Share of profits, etc.
Sect.
16. Same subject. Withdrawal of contri-
bution regulated.
17. Same subject. Liability to partner-
ship.
18. Same subject. Nature of interest.
19. Same subject. Assignment of interest.
Rights of assignee, etc.
20. General partner, effect of retirement,
death or insanity.
21. Limited partner. Death, effect.
22. Same subject. Rights of creditor, etc.
23. Order of distribution after dissolution.
24. Cancellation and amendment of cer-
tificate.
25. Same subject. Formal requirements,
etc.
26. Parties to actions.
27. Citation of chapter.
28. Rules of construction.
29. Rules for cases not provided for.
30. Existing limited partnerships.
31. Filing fees.
1 Section 1. A limited partnership is a partnership formed by two Limited
2 or more persons under the provisions of section two, having as members fe^finitTon'."'
3 one or more general partners and one or more limited partners. The {?„^""d' """^
4 limited partners as such shall not be bound by the obligations of the f55'3°Yi2, § i.
5 partnership.
§ 161.
1 Section 2. (1) Two or more persons desiring to form a limited IXaUoi"*'
2 partnership shall _ Z"^tT''
3 (a) Sign and swear to a certificate, which shall state ?923'u2, 5 1.
4 I. The name of the partnership, 1931; 394!
5 II. The character of the business,
6 III. The location of the principal place of business,
7 IV. The name and place of residence of each member; general and
8 limited partners being respectively designated,
9 V. The term for which the partnership is to exist,
10 VI. The amount of cash and a description and the agreed value of
11 the other property contributed by each limited partner,
12 VII. The additional contributions, if any, agreed to be made by each
13 limited partner and the times at which or events on the happening of
14 which they shall be made,
1300
LIMITED PARTNERSHIPS.
[Chap. 109.
VIII. The time, if agreed upon, when the contribution of each Hmited 15
partner is to be returned, 16
IX. The share of the profits or the other compensation by way of 17
income which each limited partner shall receive by reason of his con- 18
tribution, 19
X. The right, if given, of a limited partner to substitute an assignee 20
as contributor in his place, and the terms and conditions of the substitu- 21
tion, 22
XI. The right, if given, of the partners to admit additional limited 23
partners, 24
XII. The right, if given, of one or more of the limited partners to 25
priority over other Hmited partners, as to contributions or as to com- 26
pensation by way of income, and the nature of such priority, 27
XIII. The right, if given, of the remaining general partner or partners 28
to continue the business on the death, retirement or insanity of a gen- 29
eral partner, and 30
XIV. The right, if given, of a limited partner to demand and receive 31
property other than cash in return for his contribution. 32
(b) File the certificate in the office of the state secretary. 33
(2) A limited partnership is formed if there has been substantial 34
compliance in good faith with all requirements of paragraph (1). 35
Same subject. SECTION 3. A limited partnership mav carrv on any business which
Nature of , . . . .... ^ * * '^
business. a partnership without limited partners may carry on.
1923, 112, § 1.
nl?"cont^t^" Section 4. The contributions of a limited partner may be cash or 1
butions. other property, but not services. 2
1923, 112, 5 1.
Same subject.
Surname in
partnership
name re-
stricted,
liability.
1923,112,51.
Section 5. (1) The surname of a limited partner shall not appear in 1
the partnership name, unless 2
(a) It is also the surname of a general partner, or 3
(b) Prior to the time when the limited partner became such the 4
business had been carried on under a name in which his surname ap- 5
peared. 6
(2) A limited partner whose name appears in a partnership name 7
contrary to the provisions of paragraph (1) is liable as a general partner 8
to partnership creditors who extend credit to the partnership without 9
actual knowledge that he is not a general partner. 10
False certifi-
cate, liability.
1923, 112, 5 1.
Section 6. If the certificate contains a false statement, one who 1
suffers loss by reliance on such statement may hold liable any party 2
to the certificate who knew the statement to be false 3
(a) At the time he signed the certificate, or 4
(b) Subsequently, but within a sufficient time before the statement 5
was relied upon to enable him to cancel or amend the certificate, or to 6
file a petition for its cancellation or amendment as provided in section 7
twenty-five (3). 8
Limited part-
ner, when
liable as
general
partner.
Section 7. A limited partner shall not become liable as a general 1
partner unless, in addition to the exercise of his rights and powers as 2
a limited partner, he takes part in the control of the business. 3
1923, 112. § 1.
Chap. 109.] limited partnerships. 1301
1 Section 8. After the formation of a limited partnership additional |'J,drti™''Jr'
2 limited partners may be admitted upon filing an amendment to the 'jJm'^Sj'i'^ '^ ^
3 original certificate in accordance with the requirements of section twenty-
4 five.
1 Section 9. (1) A general partner shall have all the rights and powers General pan-
2 and be subject to all the restrictions and liabilities of a partner in a pworfand
3 partnership without limited partners, except that without the written I'gos'ul, § i.
4 consent or ratification of the specific act by all the limited partners, a
5 general partner or all of the general partners have no authority to
6 (a) Do any act in contravention of the certificate,
7 (b) Do any act which would make it impossible to carrj' on the ordi-
8 nary business of the partnership,
9 (c) Confess a judgment against the partnership,
10 {d) Possess partnership property, or assign their rights in specific
11 partnership property, for other than a partnership purpose,
12 (e) Admit a person as a general partner,
13 (/) Admit a person as a limited partner, unless the right so to do is
14 given in the certificate,
15 ig) Continue the business with partnership property on the death,
16 retirement or insanity of a general partner, unless the right so to do is
17 given in the certificate.
1 Section 10. (1) A limited partner shall have the same rights as a Limited part-
^ ' ^ ner. rights.
2 general partner to _ 1923, 112, § 1.
3 (a) Have the partnership books kept at the principal place of business
4 of the partnership, and at all times to inspect and copy any of them,
5 (b) Have on demand true and full information of all things affecting
6 the partnership, and a formal account of partnership affairs whenever
7 circumstances render it just and reasonable, and
8 (c) Have dissolution and winding up by decree of court.
9 (2) A limited partner shall have the right to receive a share of the
10 profits or other compensation by way of income, and to the return of
11 his contribution as provided in sections fifteen and sixteen.
1 Section 11. A person who has contributed to the capital of a busi- |^J2^„"^^j^f-
2 ness conducted bv a person or partnership erroneously believing that he neouaiy
,. '. , .',..; ... , L believing him-
3 has become a limited partner in a limited partnership, is not, by reason seij.to^be
4 of his exercise of the rights of a limited partner, a general partner with paJ'tner.
5 the person or in the partnership carrying on the business, or bound by the '^^^' "^' ^ ^^
6 obligations of such person or partnership; provided, that on ascertain-
7 ing the mistake he promptly renounces his interest in the profits of the
8 business, or other compensation by way of income.
1 Section 12. (1) A person may be a general partner and a limited faSlperion'
2 partner in the same partnership at the same time. _ and'^iimrteT
3 (2) A person who is a general, and also at the same time a limited p^^'jjj'^^'t^
4 partner, shall have all the rights and powers and be subject to all the 1923,112. §1.
5 restrictions of a general partner; except that, in respect to his contribu-
6 tion, he shall have the rights against the other members which he would
7 have had if he were not also a general partner.
1302
LIMITED PARTNERSHIPS.
[ClL\P. 109.
Same subject.
Transactions
with part-
nership.
1923, 112, § 1.
Section 13. (1) A limited partner also may loan money to and
transact other business with the partnership, and, unless he is also a
general partner, receive on account of resulting claims against the part-
nership, with general creditors, a pro rata share of the assets. No limited
partner shall in respect to any such claim
(a) Receive or hold as collateral security any partnership property, or
(6) Receive from a general partner or the partnership any p'ayment,
conveyance, or release from liability, if at the time the assets of tlie 8
partnership are not sufficient to discharge partnership liabilities to 9
persons not claiming as general or limited partners. 10
(2) The receiving of collateral security, or a payment, conveyance or 11
release in violation of the provisions of paragraph (1) is a fraud on the 12
creditors of the partnership. 13
Same subject
Priority
agreements.
1923, 112. § 1
Same subject.
Share of
profits, etc.
1923, 112, § 1.
Section 14. Where there are several limited partners the members
may agree that one or more of the limited partners shall have a priority
over other limited partners as to the return of their contributions, as
to their compensation by way of income, or as to any other matter. If
such an agreement is made it shall be stated in the certificate, and in the
absence of such a statement all the limited partners shall stand upon equal
footing.
Section 15. A limited partner may receive from the partnership
the share of the profits or the compensation by way of income stipulated
for in the certificate; provided, that after such payment is made, whether
from the property of the partnership or that of a general partner, the
partnership assets are in excess of all liabilities of the partnership except
liabilities to limited partners on account of their contributions and to
general partners.
Same subject.
Withdrawal
of contribution
regulated.
1923, 112, § 1.
1
2
3
4
5
6
7
1
2
3
4
5
6
7
Section 16. (1) A limited partner shall not receive from a general
partner or out of partnership property any part of his contribution until
(a) All liabilities of the partnership, except liabilities to general part-
ners and to limited partners on account of their contributions, have been
paid or there remains property of the partnership sufficient to pay them,
(b) The consent of all members is had, unless the return of the con-
tribution may be rightfully demanded under the provisions of para-
graph (2), and
(c) The certificate is cancelled or so amended as to set forth the with-
drawal or reduction.
(2) Subject to the provisions of paragraph (1) a limited partner may
rightfully demand the return of his contribution
(a) On the dissolution of a partnership, or
(b) When the date specified in the certificate for its return has arrived, 14
15
1
2
3
4
5
6
7
S
9
10
11
12
13
or
(c) After he has given six months' notice in writing to all other mem- 16
bers, if no time is specified in the certificate either for the return of the 17
contribution or for the dissolution of the partnership. 18
(3) In the absence of any statement in the certificate to the contrary 19
or the consent of all members, a limited partner, irrespective of the 20
nature of his contribution, has only the right to demand and receive cash 21
in return for his contribution. _ 22
(4) A limited partner may have the partnership dissolved and its 23
affairs wound up when 24
Chap. 109.] limited partnerships. 1303
25 (a) He rightfully but unsuccessfully demands the return of his con-
20 tribution, or
27 (h) The other liabilities of the partnership have not been paid, or the
28 partnership property is insufficient for their payment as required by
29 paragraph (1 a) ancl the limited partner would otherwise be entitled to
30 the return of his contribution.
1 Section 17. (1) A limited partner is liable to the partnership Same^subject.
2 (a) For the difference between his contribution as actually made and partnership
3 that stated in the certificate as having been made, and
4 (6) For any unpaid contribution which he agreed in the certificate to
5 make in the future at the time and on the conditions stated in the cer-
6 tificate.
7 (2) A limited partner holds as trustee for the partnership
8 (fl) Specific property stated in the certificate as contributed by him,
9 but which was not contributed or which has been wrongfully returned,
10 and
11 {b) INIoney or other property wrongfully paid or conveyed to him on
12 account of his contribution.
13 (3) The liabilities of a limited partner as set forth in this section can
14 be waived or compromised only by the consent of all members; but a
15 waiver or compromise shall not affect the right of a creditor of a part-
IG nership, who extended credit or whose claim arose after the filing and
17 before a cancellation or amendment of the certificate, to enforce such
18 liabilities.
19 (4) When a contributor has rightfully received the return in whole or
20 in part of the capital of his contribution, he is nevertheless liable to the
21 partnership for any sum, not in excess of such return with interest,
22 necessary to discharge its liabilities to all creditors who extended credit
23 or whose claijms arose before such return.
1 Section 18. A limited partner's interest in the partnership is personal If^^^™^/""*-
2 property. •°'"^^'-
1923, 112, § 1.
1 Section 19. (1) A limited partner's interest is assignable. Same subject
..,,.., • 1 •., 1 , II J 1 • 1 J. -Assignment of
2 (2) A substituted limited partner is a person admitted to all the rights interest
3 of a limited partner who has died or has assigned his interest in a part- Ss1gnee°. ete.
. , . ^ 1923, 112, § 1.
4 nership.
5 (3) An assignee, who does not become a substituted limited partner,
6 has no right to require any information or account of the partnership
7 transactions or to inspect the partnership books; he is only entitled to
8 receive the share of the profits or other compensation by way of income,
9 or the return of the contribution, to which his assignor would otherwise
10 be entitled.
11 (4) An assignee shall have the right to become a substituted limited
12 partner if all the members, except the assignor, consent thereto or if the
13 assignor, being thereunto empowered by the certificate, gives the as-
14 signee that right.
15 (5) An assignee becomes a substituted limited partner when the
16 certificate is appropriately amended in accordance with section twenty-
17 five.
18 (6) The substituted limited partner has all the rights and powers,
19 and is subject to all the restrictions and liabilities of his assignor, except
1304
LIMITED PARTNERSHIPS.
[Chap. 109.
those liabilities of which he was ignorant at the time he became a limited 20
partner and which could not be ascertained from the certificate. 21
(7) The substitution of the assignee as a limited partner does not 22
release the assignor from liability to the partnership under sections six 23
and seventeen. 24
General part-
ner, effect of
retirement,
death or
insanity.
1923, 112, § 1.
Section 20. The retirement, death or insanity of a general partner 1
dissolves the partnership, unless the business is continued by the remain- 2
ing general partners, (a) under a right so to do stated in the certificate, 3
or (b) with the consent of all members. 4
Limited
partner.
Death, effect.
1923, 112, § 1.
Section 21. (1) On the death of a limited partner his executor 1
or administrator shall have all the rights of a limited partner for the pur- 2
pose of settling his estate, and such power as the deceased had to con- 3
stitute his assignee a substituted limited partner. 4
(2) The estate of a deceased limited partner shall be liable for all his 5
liabilities as a limited partner. 6
Same subject.
Rights of
creditor, etc.
1923, 112, 5 1.
Section 22. (1) On due application to the superior court by any 1
creditor of a limited partner, the court may charge the interest of the 2
indebted limited partner with payment of the unsatisfied amount of such 3
claim; and may appoint a receiver, and make all other orders, directions, 4
and inquiries which the circumstances of the case may require. 5
(2) The interest may be redeemed with the separate property of any 6
general partner, but may not be redeemed with partnership property. 7
(3) The remedies conferred by paragraph (1) shall not be deemed 8
exclusive of others which may exist. 9
(4) Nothing in this chapter shall be held to deprive a limited partner 10
of his statutory exemption. 11
Order of dis-
tribution after
dissolution.
1923, 112, § 1.
Section 23. (1) In settling accounts after dissolution the liabilities 1
of the partnership shall be entitled to payment in the following order: 2
(a) Those to creditors, in the order of priority as provided by law, 3
except those to limited partners on account of their contributions and to 4
general partners, 5
(b) Those to limited partners in respect to their share of the profits and 6
other compensation by way of income on their contributions, 7
(c) Those to limited partners in respect to the capital of their contri- 8
butions, 9
(d) Those to general partners other than for capital and profits, 10
(e) Those to general partners in respect to profits, 11
(/) Those to general partners in respect to capital. 12
(2) Subject to any statement in the certificate or to subsequent agree- 13
ment, limited partners share in the partnership assets in respect to their 14
claims for capital, and in respect to their claims for profits or for compen- 15
sation by way of income on their contributions, respectively, in proportion 16
to the respective amounts of such claims. 17
Cancellation
and amend-
ment of
certificate.
1923, 112. 5 1.
Section 24. (1) The certificate shall be cancelled when the partner- 1
ship is dissolved or all limited partners cease to be such. 2
(2) A certificate shall be amended when 3
(a) There is a change in the name of the partnership or in the amount 4
or character of the contribution of any limited partner, 5
ClIAP. 109.] LIMITED PARTNERSHIPS. 1305
f) (h) A person is substituted as a limited partner,
7 (c) An additional limited partner is admitted,
8 (d) A person is admitted as a general partner,
0 (e) A general partner retires, dies or becomes insane, and the business
1 0 is continued under section twenty,
1 1 (/) There is a change in the character of the business of the partner-
12 ship,
13 (17) There is a false or erroneous statement in the certificate,
14 (h) There is a change in the time as stated in the certificate for the
15 dissolution of the partnership or for the return of a contribution,
16 (0 A time is fixed for the dissolution of the partnership, or the return
17 of a contribution, no time having been specified in the certificate, or
18 (j) The members desire to make a change in any other statement in
19 the certificate in order that it shall accurately represent the agreement
20 between them.
1 Section 25. (1) The witing to amend a certificate shall iTmaTr^'i"''
2 (rt) Conform to the requirements of section two (1 a) as far as neces- ?^^3''"|^i5*'jt.'''
3 sary to set forth clearly the change in the certificate which it is desired to iml 426',
4 make, and
5 (6) Be signed and sworn to by all members, and an amendment sub-
6 stituting a limited partner or adding a limited or general partner shall be
7 signed also by the member to be substituted or added, and when a limited
8 partner is to be substituted, the amendment shall also be signed by the
9 assigning limited partner.
10 (2) The writing to cancel a certificate shall be signed by all members.
11 (3) A person desiring the cancellation or amendment of a certificate,
12 if any person designated in paragraphs (1) and (2) as a person who must
13 execute the writing refuses to do so, may petition the superior court to
14 direct a cancellation or amendment thereof.
15 (4) If the court finds that the petitioner has a right to have the writing
16 executed by a person who refuses to do so, it shall order the cancellation
17 or amendment of the certificate, as the case may be, setting forth in its
18 order, in the case of an amendment, the terms thereof, and shall cause a
19 certified copy of such order of cancellation or amendment to be filed in the
20 office of the state secretary.
21 (5) A certificate is amended or cancelled when there is filed in the office
22 of the state secretary
23 (a) A writing in accordance with the provisions of paragraph (1) or
24 (2), or
25 (b) A certified copy of the order of court in accordance with the pro-
26 visions of paragraph (4).
27 (6) After the certificate is duly amended in accordance with this sec-
28 tion, the amended certificate shall thereafter be for all purposes the
29 certificate provided for by this chapter.
1 Section 26. A contributor, unless he is a general partner, is not a py^'^^*"
2 proper party to proceedings by or against a partnership, except where 1923, 112, 5 1.
3 the object is to enforce a hmited partner's right against or liability to
4 the partnership.
1 Section 27. This chapter may be cited as the Uniform Limited chipt'e"" °
2 Partnership Act.
1923, 112, § 1.
1306
[Chaps. 109, 109A.
Rules of con-
struction.
1923, 112, § 1.
Section 28. (1) The rule that statutes in derogation of the com- 1
mon law are to be strictly construed shall have no application to this 2
chapter. 3
(2) This chapter shall be so interpreted and construed as to effect its 4
general purpose to make uniform the law of those states which enact it. 5
(3) This chapter shall not be so construed as to impair the obligations 6
of any contract existing when said chapter goes into effect, nor to affect 7
any action or proceedings begun or right accrued before said chapter 8
takes effect. 9
Rules for
cases not pro-
vided for.
1923, 112, 5 1.
Section 29. In any case not provided for in this chapter the rules of 1
law and equity, including the law merchant, shall govern. 2
Existing limited
partnerships.
1923, 112, § 1.
Section 30. (1) A limited partnership formed under any statute of 1
this commonwealth prior to January first, nineteen hundred and twenty- 2
four, may become a limited partnership under this chapter by complying 3
with the provisions of section two; provided, the certificate sets forth 4
(a) The amount of the original contribution of each limited partner, 5
and the time when the contribution was made, and 6
{b) That the property of the partnership exceeds the amount sufficient 7
to discharge its liabilities to persons not claiming as general or limited S
partners by an amount greater than the sum of the contributions of its 9
limited partners. 10
Filing fees.
1924. 231.
1925, 194.
1931, 394,
§ 162.
Section 31. The fee for the filing in the office of the state secretary 1
of any original certificate or certificate of renewal or amendment, or 2
certificate or notice of dissolution, or writing to cancel a certificate, 3
provided for by this chapter shall be ten dollars. 4
CHAPTER 109A.
FRAUDULENT TRANSFERS OF REAL AND PERSONAL PROPERTY.
Sect.
1. Definitions.
2. Insolvency defined.
3. Fair consideration defined.
4. Conveyance, etc., without fair consid-
eration declared fraudulent as to
creditors. By insolvent person.
6. Same subject. By person about to en-
gage in business, etc.
6. Same subject. By person about to in-
cur certain debts.
Sect.
7. Same subject. Actual intent to de-
fraud.
8. Same subject. Partnership property.
9. Same subject. Rights of creditor
when claim has matured.
10. Same subject. Rights when claim has
not matured.
11. Rules for cases not provided for.
12. Interpretation, etc.
13. Citation of chapter.
i924?'i47T5 1. Section 1. In this chapter "Assets" of a debtor means property not 1
exempt from liability for his debts. To the extent that any jiroperty is 2
liable for any debts of the debtor, such property shall be included in 3
his assets. 4
Chap. 109A.] fraudulent transfers, etc. 1307
5 "Conveyance" includes every payment of money, assignment, release,
6 transfer, lease, mortgage or pledge of tangible or intangible property,
7 and also the creation of any lien or incumbrance.
8 "Creditor" is a person lia\ing any claim, whether matured or un-
9 matured, liquidated or unliquidated, absolute, fixed or contingent.
10 "Debt" includes any legal lialjility, whether matured or unmatured,
11 liquidated or unliquidated, absolute, fixed or contingent.
1 Section 2. (1) A person is insolvent within the meaning of this insolvency
2 chapter when the present fair salable value of his assets is less than the i924ri47, § i.
3 amount that will be required to pay his probable liability on his existing
4 debts as they become absolute and matured.
5 (2) In determining whether a partnership is insolvent within the mean-
6 ing of this chapter there shall be added to the partnership property the
7 present fair salable value of the separate assets of each general partner
8 in excess of the amount probably sufficient to meet the claims of his
9 separate creditors, and also the amount of any unpaid subscription to
10 the partnership of each limited partner, pro\'ided the present fair salable
11 value of the assets of such limited partner is probably sufficient to pay
12 his debts, including such unpaid subscription.
1 Section 3. Fair consideration is given for property or obligation — Faircon-
2 (a) When in exchange for such property or obligation, as a fair equiv- defined.
3 alent therefor, and in good faith, property is conveyed or an antecedent ^^^'*' '* ■ ■ ^•
4 debt is satisfied, or
5 (b) When such property or obligation is received in good faith to
6 secure a present advance or antecedent debt in amount not dispropor-
7 tionately small as compared with the value of the property or obligation
8 obtained.
1 Section 4. Every conveyance made and every obligation incurred ^""/^ffh^ITt
2 by a person who is or will be therebv rendered insolvent is fraudulent as [?'■■ eonsidera-
■^ ,. . , 1 1 ■ " 1 • -PI • 1 Uon declared
3 to creditors without regard to his actual intent it the conveyance is made fraudulent a«
4 or the obligation is incurred without a fair consideration. By insolvent
1924, 147, § 1. 265 Mass. 199. 268 Mass. 233. 272 Mass. 8. person.
1 Section 5. Every conveyance made without fair consideration when same subject.
2 the person making it is engaged or is about to engage in a business or abourt™
3 transaction, for which the property remaining in his hands after the busme°5s?etc.
4 conveyance is an unreasonably small capital, is fraudulent as to creditors '^-''- '*''■ ^ '■
5 and as to other persons who become creditors during the continuance of
6 such business or transaction, w ithout regard to his actual intent.
1 Section 6. Every conveyance made and every obligation incurred ByTe?"o''n^°''
2 without fair consideration when the person making the conveyance or ^gruin'Sebt"
3 entering into the obligation intends or believes that he will incur debts i924, 147. § i.
4 beyond his ability to pay as they mature is fraudulent as to both present
5 and future creditors.
1 Section 7. Every conveyance made and every obligation incurred IcufaUntent
2 with actual intent, as distinguished from intent presumed in law, to bin- {loi!^*?!'^ 1.
3 der, delay or defraud either present or future creditors, is fraudulent as
4 to both present and future creditors.
1308
FRAUDULENT TRANSFERS, ETC.
[Chap. 109A.
Same subject.
Partnership
property.
1924, 147, § 1.
Section 8. Every conveyance of partnership property and every 1
partnership obligation incurred when the partnership is or will be thereby 2
rendered insolvent, is fraudulent as to partnership creditors, if the con- 3
veyance is made or obligation is incurred — 4
(a) To a partner, whether with or without a promise by him to pay 5
partnership debts, or 6
(b) To a person not a partner without fair consideration to the partner- 7
ship as distinguished from consideration to the individual partners. 8
Same subject.
Rights of
creditor when
claim has
matured.
1924, 147, § 1.
267 Mass. 442.
Same subject.
Rights when
claim has not
matured.
1924, 147, § 1.
267 Mass. 442.
Section 9, (1) Where a conveyance or obligation is fraudulent as
to a creditor, such creditor, when his claim has matured, may, as against
any person except a purchaser for fair consideration without knowledge
of the fraud at the time of the purchase, or one who has derived title
immediately or mediately from such a purchaser —
(a) Have the conveyance set aside or obligation annulled to the extent
necessary to satisfy his claim, or
(b) Disregard the conveyance and attach or levy execution upon the 8
property conveyed. 9
(2) A purchaser who without actual fraudulent intent has given less 10
than a fair consideration for the conveyance or obligation may retain the 11
property or obligation as security for repayment. 12
Rules for oases
not provided
for.
1924, 147, § 1.
Section 10. Where a conveyance made or obligation incurred is
fraudulent as to a creditor whose claim has not matured, he may proceed
in the supreme judicial or superior court against any person against whom
he could have proceeded had his claim matured, and the court may —
(a) Restrain the defendant from disposing of his property,
(6) Appoint a receiver to take charge of the property,
(c) Set aside the conveyance or annul the obligation, or
id) Make any order which the circumstances of the case may require.
Section 11. In any case not provided for in this chapter the rules of
law and equity, including the law merchant, and in particular the rules
relating to the law of principal and agent, and the efl'ect of fraud, misrep-
resentation, duress or coercion, mistake, bankruptcy or other invalidating
cause shall govern.
1
2
3
4
5
6
7
8
1
2
3
4
5
interpi-eta- Section12. This chapter shall be SO interpreted and construcd as to 1
i924,''i47, § 1. effectuate its general purpose to make uniform the law of those states 2
which enact it. 3
Citation of
chapter. ,
1924, 147, 5 1. conveyance law,
Section 13. This chapter may be cited as the uniform fraudulent 1
ClIAP. 110.]
LABELS, TR.ADE MARKS, NAMES, ETC.
1309
CHAPTER 1 10
LABELS, TRADE MARKS, NAMES AND REGISTRATION THEREOF.
Sect.
definitions.
1. Definitions.
LABELS, TRADE MARKS AND NAMES.
3.
4.
4A.
5.
9.
10.
11.
12.
13.
14.
15.
Use of trade marks regulated.
Unlawful use penalized.
Unlawful use of name prohibited.
"Corporation" or "incorporated",
use in name or title restricted.
Certificate stating real name of per-
son transacting business to be filed.
Index. Penalty.
Certain corporations, etc., exempt
from preceding section.
Restraining use of unlawful names or
labels.
Recording labels. Certificates. As-
signment of label: record, etc.
Regulations and forms for filing labels.
Application of this and preceding
section.
Restraining use of imitations of
labels.
Use of counterfeits prohibited.
Use of false dies, etc., prohibited.
Selling of falsely marked goods pro-
hibited.
Aiding and abetting.
Defence of prior ownership.
Sect.
dram.\tic or musical compositions.
16. Unauthorized performances of unpub-
lished compositions prohibited.
17.
IS.
19.
20.
REGISTERED BOTTLES.
Registering of bottles.
Unlawful use. etc., of registered bot-
tles penalized.
Prima facie evidence of unlawful use,
etc.
Search warrant.
REGISTRATION OP MILK CANS AND ICE
CREAM CANS, TUBS AND CABINETS.
Registering milk cans. etc.
Illegal use of registered cans, etc.
Mutilation prohibited.
Defiling registered cans, etc. Pen-
alty.
Search warrant.
21.
22.
23.
24.
25.
26.
27.
28.
PENALTIES.
Penalty for unlawful use of certain
words in name, making false trade
marks, dies, etc.. and for selling
falsely marked goods.
Penalty for abetting certain offences
and for presenting unpublished
composition.
Penalty for illegal use or mutilation of
registered cans, etc.
DEFINITIONS.
1 Section 1. Tho following words as used in this chapter, in addition Definitions.
2 to their ordinary meaning, shall, unless the context otherwise requires, ilis,' 257,^ ^'
3 have the meanings respectively given herein: 1/19%.
4 "Beverage", milk, cream, soda water, mineral or aerated water, ale, 22oVas3 42.
5 beer, ginger ale or similar beverages;
6 "Can", jug, bottle and jar;
7 " Label", trade mark, stamp or form of advertisement;
8 "Name", letter, mark, device and figure;
9 " Vessel ", can, jug, bottle, jar, siphon, fountain and box.
LABELS, TRADE MARKS AND N.AMES.
1 Section 2. When a person uses any peculiar name upon or con- use of trade
2 nected with an article manufactured or sold by him to designate it as Kfcd,^^''*""
3 an article of a peculiar kind or quality, or as manufactured by him, no \IU] ill] § 1.
4 other person shall without his consent use the same or any similar name p;|.||;|J;
5 for the purpose of representing an article to have been manufactured by fgil^^o"? |?77
1310
LABELS, TRADE MARKS, NAMES, ETC.
[Chap. 110.
or to be of the same kind or quality as those manufactured or sold by
1919, 5.
122 Mass. 139. the pcrsou rightfully using such name.
128 Mass. 477. 150 Mass. 583.
129 Mass. 325. 163 Mass. 191.
185 Mass. 458.
186 Mass. 376.
240 U. S. 403.
6
7
penaiTz'ed."'^ SECTION 3. Whocver Violates the preceding section, or knowingly 1
1I59' 234' § 2 ^^1'^ °'" exposes for sale an article having a name upon or connected with 2
pffe' It '^ contrary thereto, shall be liable in tort to anj' party aggrieved thereby 3
R. L. 72, § 3. for all damages actually incurred.
Unlawful use
of name
prohibited.
1863, 156. § 1.
G. S. 56, § 3.
P. S. 76, § 6.
R. L. 72, § 5.
3 Allen, 76.
109 Mass. 409.
110 Mass. 29.
139 Mass. 499.
Section 4. A person who conducts business in the commonwealth
shall not assume or continue to use in his business the name of a person
formerly connected with him in partnership or the name of any other
person, either alone or in connection with his own or with any other
name or designation, without the consent in writing of such person or of
his legal representatives.
163 Mass. 461.
1B9 Mass. 250.
191 Mass. 245.
199 Mass. 493.
207 Mass. 352.
220 Mass. 42.
227 Mass. 231.
231 Mass. 574.
240 Mass. 505.
247 Mass. 402.
251 Mass. 113.
" Corporation *'
or "incor-
porated",
use in name
or title
restricted.
1927, 62, § 1.
Section 4A. No individual, unincorporated association or partner-
ship shall assume or use in the name or title under which his or its business
is transacted the word "corporation" or "incorporated" or any abbrevi-
ated form thereof.
[Penalty, § 26.]
Certificate
stating real
name of person
transacting
business to be
filed. Index.
Penalty.
1907, 539,
§§ 1,3.
216 Mass. 184.
227 Mass. 157.
232 Mass. 454.
234 Mass. 320.
267 Mass. 578.
Section 5. Any person conducting business in the commonwealth 1
under any title other than the real name of the person conducting such 2
business, whether individually or as a partnership, shall file in the office 3
of the clerk of every town where an office of any such person or partner- 4
ship may be situated a certificate stating the full name and residence 5
of each person conducting such business. The clerk shall keep a record 6
of such certificates and an index of the names of such persons and part- 7
nerships, entering in such index in alphabetical order the name of every 8
person and the title under which he conducts business, and of every 9
partnership with the names of the members thereof. Violations of this 10
section shall be punished by a fine of not more than one hundred dollars 1 1
for each month during which such violation continues. 12
Certain cor-
porations, etc.,
exempt from
preceding
section.
1907, 539, § 2.
1908, 316
1929, 6, § 2.
Section 6. The preceding section shall not apply to any corporation 1
doing business under its true corporate name, nor to any partnership 2
doing business under any title which includes the true surname of any 3
partner; nor to any association which has complied with sections five 4
and six of chapter one hundred and fifty-nine; nor to any partnership, 5
joint stock company or association the business of which is conducted 6
by trustees under a written instrument or declaration of trust, provided 7
that the names of such trustees with a reference to such instrument or 8
declaration of trust shall be filed as provided in section five. 9
Restraining use
of unlawful
names or
labels.
1852, 197.
1853. 156, § 2.
Section 7. The supreme judicial or superior court shall have juris- 1
diction in equity to restrain the use of names or labels in violation of 2
any provision of this chapter. 3
1859, 2.34, § 3.
G. S. .56, § 4.
P. S. 76, § 7.
R. L. 72, § 6.
2 Grav, 379.
3 Allen. 76.
127 Mass. 115.
128 Mass. 477.
147 Mass. 206.
231 Mass. 574.
240 Mass. 505.
Chap. 110.] l.\.bels, tk-uje marks, names, etc. 1311
1 Section 8. A person may adopt a label, not previously owned or Recordin^^^_
2 adopted by any other person, and file such label for record, by deposit- t?ficates.
3 ing two copies or facsimiles thereof in the office of the state secretary, one onabe™""'
4 of which copies or facsimiles shall be attached by the secretary to the i893,''443,'''
5 certificate of record hereinafter referred to. The applicant sliall file 1^^5/462, § 1.
6 with the label a certificate specifying the name of the person filing it, li""?; ^^'j^-
7 his residence or place of business, the kind of merchandise to which '-"s^^w,
8 such label has been or is intended to be' appropriated, and the length of iulo, s.
9 time, if any, during which it has been in use. If such label has not been 1031; 426,
10 and is not intended to be used in connection with merchandise, the fsl^liass. 101.
11 particular purpose or use for which it has been or is intended shall be J™ Mas': il:
12 stated in the certificate. Such certificate shall be accompanied by a i|5 Mass. 458.
13 written declaration, sworn to by the person or by a member of the firm 203 Mass. 75.^
14 or by an officer of the association, union or corporation by which it is 24su.J.^o. '
15 filed, that the party so filing such label has a right to use the same, and 100^601'.
16 that no other party has the right to such use, either in the identical
17 form or in any such near resemblance thereto as may be calculated to
18 deceive, and that the copies or facsimiles filed therewith are true. The
19 secretary shall file the certificate in his office and issue to the party
20 depositing it a certificate of record under the seal of the common-
21 wealth. Such certificate of record or a certified copy of its record shall
22 in all suits and prosecutions under this section and sections ten to fif-
23 teen, inclusive, be sufficient proof of the recording of such label and of
24 the existence of the person named in the certificate. The fee for filing
25 the certificate and declaration and issuing the certificate of record shall
26 be twenty-five dollars. No label shall be recorded which could reasonably
27 be mistaken for a label already on record.
28 If a label duly recorded as aforesaid is assigned by an instrument in
29 writing under seal, such assignment may be filed. Upon the filing
30 of an assignment the secretary shall issue to the assignee a certificate
31 thereof. The fee for filing the assignment and issuing such certificate
32 shall be twenty-five dollars.
1 Section 9. The state secretary may make regulations, and pre- ^^^''I'jjj'^'^o^f^^
2 scribe forms for the filing of labels, under the preceding section. _ This l^nKj^l^'^",
3 and the preceding section, so far as applicable, shall apply to the insignia, this and'"" °
4 ribbons, badges, rosettes, buttons and emblems of any society, associa- PectTon."^
5 tion or labor union.
1893, 443, § 6. 1899, 359, § 2. 1903, 275, § 1. 1909. 514 § 31.
1895, 462, § 2. R. L. 72. § 8. 1904, 335, § 1. 1 Op. A. G. 100.
1 Section 10. The supreme judicial or superior court shall have juris- ^«««Jfj^Pj^.
2 diction in equity to restrain the manufacture, use or sale of counterfeits tions "t^i^^^ia.
3 or imitations of a label, recorded as provided in section eight, shall 1895:402' §3!
4 award damages resulting from such wrongful manufacture, use or sale u(tu^aa. 266.
5 and shall require the defendant to pay the owner of such label the profits ^ filH f^-
6 derived from such wrongful manufacture, use or sale; and may also
7 order that all such counterfeits or imitations in his possession or control
8 be delivered to an oflficer of the court or to the complainant, to be de-
9 stroyed. If the complainant is not incorporated, suits under sections
10 eight and ten to fourteen, inclusive, may be commenced and prosecuted
11 by an officer thereof, on behalf of and for the use of the complainant.
12 Every member of the complainant firm, association or union shall be
13 liable for costs in any such proceeding.
1312
LABELS, TRADE MARKS, NAMES, ETC.
[Chap. 110.
useofcoun- SECTION 11. No pcFson shall knowingly make OF use any counterfeit 1
wbHed.'"°' or imitation of any lawful name or label or cause the same to be made 2
R%: 28.' 1 132. or used, or sell, offer for sale, deal in or have in his possession with 3
16L ■§*5s.^ "^' intent so to do, or affix, impress or use such counterfeit or imitation 4
mM3.^^' upon any goods. . 5
1890, 104. 1895, 462, § 4. R. L. 72, § 10.
1893, 443, § 2. 1899, 359, § 3.
[Penalty, § 26.]
Use of false SECTION 12. No person shall knowingly, with intent to defraud,
prohibited. cast, engrave or manufacture, or have in his possession, or buy, sell,
1899, 359,^§^4. ^^.^^ ^^^ ^^j^ ^^ ^j^^j .^^ ^ ^j^^ pj^^p^ brand, mould, or engraving on wood,
[Penalty, §26.) stouc, metal or other substance, of a label recorded under section eight,
or a printing press, or types or other tools, machines or materials pro-
vided or prepared for making a counterfeit or imitation of such label.
Selling of ^ ^ Section 13. No person shall knowingly sell or expose for sale goods
goods^pro" ^ upon which any lawful name or label or any counterfeit or imitation
G. s.*i6i, § 56. thereof is unlawfully affixed, impressed or used.
1890. 104.
1870, 340.
P. S. 76. § 3;
203, § 64.
1893, 443, I 3.
1894, 285.
[Penalty, § 26.1
1895, 462, 5 5.
R. L. 72, § 12.
Aiding and
abetting
abetting SECTION 14. No pcrsou shall knowingly, with intent to defraud, aid 1
R ^L If ■§^3. or abet in the violation of. any of the provisions of the three preceding 2
[Penalty, § 27.] SCCtionS. 3
Defence of
prior owner-
ship.
1893, 443, § 7.
1895, 462, § 6.
1899, 3.59, § 6.
R. L. 72, § 14.
Section 15. In any suit or prosecution under the five preceding
sections, the defendant may show that he was the owner of such name
or label prior to its being filed under section eight, and that it has been
wrongfully filed by some other person.
dramatic or MUSICAL COMPOSITIONS.
Unauthorized Section 16. No pcrsou with knowledge or notice tliat a dramatic or
orunpubiished musical composition is unpublished or undedicated siiall, without the
p?Sited.°^ consent of the proprietor thereof, cause it to be ijublicly performed or
1904,183. ^ represented or permit a public performance or representation of it, iii
[Penalty, § 27.1 ^^^^ public pUxcc of amusement, licensed or unlicensed, of which he is
in control, or take part in any jjiiblic performance or representation
thereof.
1
2
o
O
4
5
6
7
Registering ot
bottles.
1893, 440, § 1.
R. L. 72, § 15.
186 Mass. 376.
273 Mass. 35.
REGISTERED BOTTLES.
Section 17. A person engaged in manufacturing, bottling or selling
beverages In vessels, with his name and tiie word "registered" branded,
engraved, blown or otherwise produced thereon, or on the boxes used l\v
him, may have such vessels registered by filing in the office of the clerk
of the town where his principal place of business is situated and in the
office of the state secretary, a tlescription of the name so used by him,
and shall publish such description once in each of four successive weeks
in a newspaper published in the town where the description has been
filed.
Chap. 110.] labels, trade marks, names, etc. 1313
1 Section 18. No person, without the written consent of the regis- Unlawful use,
2 tered owner thereof, shall fill with a beverage with intent to sell the same terc'd bottles
3 any vessel registered under the preceding section, or change in any way, iSmo', § 2.
4 or conceal any name or the word "registered" thereon, or buy, sell, {^909, m.^ '**'
5 traffic in or dispose of any such vessel. This section shall not apply to Jge'V^'^^; 37g_
6 vessels purchased from the registered owner; provided, that maldng a 273 Maas. ss.
7 money charge or requiring the deposit of a sum of money under an
8 agreement to refund the same upon the redelivery of the vessel shall not
9 constitute a purchase thereof, within the meaning of this section. Vio-
10 lation of any provision of this section shall for the first offence be pun-
11 islied by a fine of not less than fifty cents for each vessel in respect to
12 which the violation occurs or by imprisonment for not less than ten days
13 nor more than one year, or both, and for each subsequent offence by a
14 fine of not less than one nor more than five dollars for each such vessel
15 or by imprisonment for not less than twenty days nor more than one
IG year.
1 Section 19. The purchase, sale, traffic in, disposal or use of any Prima facie
2 such registered vessel by a person engaged in the manufacture, bottling lawfui use, etc.
3 or sale of beverages, without the written consent of the owner thereof, r^^l. 72?'§ 17.
4 shall be prima facie evidence of a violation of the preceding section. 273 Mass. 35:
5 Possession of any such registered vessel by a junk dealer or dealer in
6 second hand articles, without the written consent of the owner, shall be
7 prima facie evidence of such violation. This section shall not apply to
8 vessels purchased from the owner.
1 Section 20. Upon complaint of a person who has complied with Search warrant.
2 section seventeen, or his agent, to a district court or trial justice, that r. l! 72, '§ is'.
3 he has reason to belie\-e and does believe that any of his registered 247 Mass! sso!
4 \-essels are being unlawfully used or filled by a person engaged in manu-
5 facturing, bottling or selling beverages, or that a junk dealer or dealer
6 in second hand articles or a vendor of cans or bottles has such vessels
7 in his possession or secreted in any place, said court or justice may there-
8 upon issue a search warrant; and may also cause the person in whose
9 possession such vessels are found to be brought before him, and shall
10 thereupon inquire into the circumstances of such possession; and
11 shall award to the owner thereof possession of the property taken upon
12 such search warrant.
registration of milk cans and ice cream cans, tubs and cabinets.
1 Section 21. A person engaged in buying, selling or dealing in milk Registering
2 or cream in cans, or who uses cans, tubs or cabinets in the sale, trans- i9oo,''35'9,' 1 u
3 portation or storage of ice cream, with his name and the word " regis- {924; 37; 1 1^'
4 tered" produced in a permanent manner in or upon such cans, tubs or
5 cabinets, may register such articles by filing in the office of the clerk of
6 the town where his principal place of business is situated, and also in the
7 office of the state secretary, a description of the name so used by him,
8 and shall publish such description once in each of four successive weeks
9 in a newspaper published in the town where the description has been
10 filed.
1 Section 22. No person shall without the consent of the owner take, nicgai „,
2 detain, use, buy, sell, traffic in or otherwise dispose of any registered can, "a^.'^L'tc!'
use
!red
1314
LABELS, TRADE MARKS, NAMES, ETC.
[Chap. 110.
1900,359.5 2. tub or cabinet. Possession of any such registered can, tub or cabinet 3
R L.72. 1 20. ^^ ^ person in the transaction of his business shall be prima facie evi- 4
dence of violation of this section. 5
[Penalty, § 28.]
1924. 37, § 2.
249 Mass. 531.
Mutilation
prohibited.
1900, 359, § 3.
R. L. 72, § 21;
208, § 118.
1924, 37, § 3.
[Penalty, § 28.;
Section 23. No person shall withoufthe consent of an o-mier wilfully
destroy, mutilate or deface any registered can, tub or cabinet bearing such
owner's name, or wilfully erase, mar, cover or change any word or name
branded, engraved, blown or otherwise produced in a permanent manner
in or upon such can, tub or cabinet.
Defiling regis-
tered cans, etc.
Penaltv-
1900, 3.59, § 4.
R. L. 72, § 22.
1924, 37, § 4.
Section 24. Whoever puts an unclean or foul substance into any
registered can, tub or cabinet sliall for the first offence be punished by a
fine of not less tlian fifty cents nor more than five dollars for each can,
tub or cabinet with respect to which the violation occurs and for any
subsequent offence by a fine of not less than two nor more than twenty
dollars for each such can, tub or cabinet.
Search warrant.
1900, 359, § 5.
R. L. 72, § 23.
1924, 37, § 5.
Section 25. Upon complaint of a person who has complied with
section twenty-one, or his agent, to a district court or trial justice that
he has reason to believe and does believe that a person has wrongfully
in his possession or is secreting any of his registered cans, tubs or cabinets,
said court or justice may issue a search warrant to discover and obtain the
same, and may also cause to be brought before him the person or his
agent or employee in whose possession such cans, tubs or cabinets are
found, and shall thereupon inquire into the circumstances of such posses-
sion; and, if said court or justice finds that such person has been guilty
of a wilful violation of any of the provisions of the three preceding sec-
tions, he shall impose the penalty prescribed therefor and shall also order 11
the property taken upon such search warrant to be delivered to the ownier. 12
■4
5
6
7
8
9
10
Penalty for
unlawful use
of certain
words in name,
making false
trade marks,
dies, etc., and
for selling
falsely marked
goods.
PENALTIES.
Section 26. Violations of any provision of section four A, eleven,
twelve or thirteen shall be punished by a fine of not more than two hun-
dred dollars or by imprisonment for not more than one year, or both.
1799, 63, § 3.
R. S. 28, § 132.
G. S. 49, § 117;
161, §§ 55, 56.
1870, 340.
P. S. 76, §§3, 5;
203. §§63,64.
1890, 104.
1893, 443, §§ 2, 3.
1894, 2S5.
1895, 462, §§4,5.
1899, 359. §§ 3, 4.
R. L. 72, §§ 10-12.
1927, 62, § 2.
Tbetrin^gMrtain Section 27. Violations of any provision of section fourteen or six- 1
offences and tecu shall bc puuishcd by a fine of not more than one hundred dollars or 2
unpublished by imprisonment for not more than si.x months, or both. 3
composition.
1899, 359, § 5.
R. L. 72, § 13.
1904, 183.
Penalty for
illegal use or
mutilation of
registered
cans, etc.
1900. 359,
§§2, 3,
R. L. 72,
§§20. 21;
208. § 118.
1924, 37, § 6.
Section 28. Violation of any pro\ision of section twenty-two or 1
twenty-three shall hr punished for tlie first offence by a fine of not more 2
than five dollars or by imprisonment for not more than two months for 3
each can, tub or cabinet in respect to which the violation occurs and for 4
any subsequent ofi'ence by a fine of not more than ten dollars or by im- 5
prisonment for not more than six months for each such can, tub or 6
cabinet. T'
Chap. IIOA.]
PROMOTION AND SALE OF SECURITIES.
1315
CHAPTER llOA.
PROMOTION AND SALE OF SECURITIES.
Sect.
1.
2,
3.
4.
0.
GA.
9.
10.
Citation of chapter.
Definitions.
Exempted securities and sales.
Statement: filing before sale of cer-
tain securities, contents.
Notice of intention to sell certain
securities. Commission may for-
bid sale.
Statement or notice; commission may
require additional information.
Periodic statements of financial con-
dition; authority of commission to
require, effect of failure to file.
Public hearings. Court review of or-
ders, etc., of commission.
Registration of brokers and sales-
men. .Applications, renewals, sus-
pensions, revocations.
Same subject. Receipts, issuance to
registrants. Register.
Fraudulent securities; financial state-
ments, information, etc., open to
Sect.
11.
12.
13.
14.
15.
16.
public inspection. Circulars, etc.,
issue regulated. Rights of action,
etc., not limited by chapter.
Mailing addresses, filing by appli-
cants for registration, etc. .\dver-
tisements, etc., regulated. Find-
ings, etc., of commission, certificate
as evidence. Complaints, investi-
gation, etc.
Proceedings under this chapter sub-
ject to certain laws.
[Repealed.]
Witnesses, attendance and testimony
before commission, immunity from
prosecution, etc.
Perjurj'. General penalty. Arrest
without warrant for offering secur-
ities for sale without receipt, etc.
Records of convictions, abstracts
to commission.
Invalidity of any provision, etc.,
effect.
1 Section 1. Tliis chapter may be cited as the Sale of Securities Act. ^^^^*^™°f
1921, 499, § 1.
1
2
3
4
5
«
7
8
9
10
11
12
13
14
15
IG
17
18
19
20
21
22
23
24
2.5
Section 2. The following words and phrases, as used in this chap- Definitbns. ^
ter, shall have the followmg meanings, unless the context otherwise
requires :
(a) "Commission", the commission supervising and controlling the 1929, 287, §2.
department of public utilities under chapter twenty-five and also, in
so far as determined by the commission under section twelve A of said
chapter, the securities division or its director, established by said section.
(b) "Person" shall include a natural person, a corporation created
under the laws of this commonwealth or of any other state, country or
so\ereignty, a partnership, an association, a joint stock company, a
trust and a trustee or any beneficiary, agent or other person as herein
defined acting under a trust, and any unincorporated organization.
(c) "Security" shall include any bond, stock, certificate under a voting
trust agreement, treasury stock, note, debenture, certificate in or under
a profit sharing or participation agreement, subscription or reorgani-
zation certificate, oil, gas or minhig lease or certificate of any interest in
or under the same, evidence of indebtedness, any form of commercial
paper, currency of any government other than the United States, or
any certificate or instrument representing or secured by an interest in
the capital, assets or property of any corporation, unincorporated organ-
ization, association, trust or public corporation or body.
(f/) "Sale" or "sell" shall include the issuance of securities, an agree-
ment whereby a person transfers or agrees to transfer an interest in se-
curities, and an exchange, pledge, hypothecation, or any transfer in
trust or otherwise, by way of mortgage. Anj- security given or delivered
1316 PROMOTION AND SALE OF SECURITIES. [ChAP. IIOA.
with, or as a bonus on account of, any i)urchase of securities or any other 26
thing, shall be conclusively presumed to constitute a part of the subject 27
of such purchase and to have been sold for value. "Sale" or "sell" 28
shall also include an attempt to sell, an option of sale, a solicitation of a 29
sale, a subscription or an offer to sell, directly or by an agent, or by a .30
circular, letter, advertisement or otherwise. .31
(e) "Broker" shall include every person, other than a salesman, who 32
in this commonwealth engages either for all or part of his time, directly 33
or through an agent, in the business of selling any security issued by 34
himself or another person, or of purchasing or otherwise acquiring such 3.')
securities for another with the purpose of reselling them, or of offering 30
them for sale to the public, for a commission or at a profit. 37
(/) "Salesman" shall include every person employed or appointed or 3S
authorized by a broker to sell in any manner, within this commonwealth. 39
1924, 487, §1. (^g^ "Fraud" and "fraudulent" shall include any misrepresentation 40
in any manner of a relevant fact, such misrepresentation being inten- 41
tionally dishonest or due to gross negligence, and any promise or rep- 42
resentation or prediction as to the future not made honestly and in 43
good faith, or an intentional failure to disclose a material fact; the 44
gaining directly or indirectly, through the sale of any security of an im- 4,5
derwriting or promotion fee or profit, selling or managing commission or 46
profit, so gross and exorljitant as to be unconscionable, and any scheme, 47
de\'ice or artifice to obtain such a profit, fee or commission; provided, 4S
however, that nothing herein shall limit or diminish the full meaning of 49
the terms "fraud" and "fraudulent" as applied or accepted in courts 50
of law or equity. 51
(h) "Par value", as applied to stock without par value, the average 52
net amount per share actually recei\'ed by the issuing corporation upon 53
all such shares issued and outstanding at the date of any occasion for 54
determining such value. 55
(0 Where\'er in this chapter a sale by an owner, pledgee or mortgagee 56
or by a person acting in a representative capacity is specified, such sale 57
may be made through or by an agent, including a registered broker or 5S
salesman. 59
Scurities'* Section 3. Except as hereinafter provided, the provisions of this 1
TS'i°'499 § 1 chapter shall not apply to — 2
i93o! 316! (a) Any isolated sale of any security by the owner thereof, or his 3
representati\'e, for the owner's account, such sale not being made in 4
the course of repeated and successi\'e transactions of a like chai-acter by 5
such owner or on his account by such representati\'e, anil such owner or 6
representative not being the underwriter of such securities. 7
(b) Commercial paper, notes or evidences of indebtedness maturing S
less than fourteen months from date of issuance thereof. 9
(c) Any security issued or guaranteed as to j)rincipal or interest by a 10
government or go\ermuental agency, or by any public body ha\ing 11
power of taxation or assessment. 12
(d) Securities of, or guaranteed either as to principal, interest or 13
dividend I)y, a corporation owning or operating a railroad, or any otiier 14
public service utility, the issue or guarantee of sucli securities being regu- 15
lated or controlled, or requiring ai)proval by, public officials of this or of 16
any other state or of the United States empowered to regulate and 17
control or sui)ervise public service utilities and the issue of securities IS
thereby; and all securities senior thereto. 19
Chap. IIOA.] promotion .and sale of securities. 1317
20 (<■) Securities listed upon any stock exchange in Massachusetts which
21 has been doing business continuously for the last ten years prior to the
22 effective date of this chapter and all securities senior thereto, for six
23 months from the effective date of this chapter; and thereafter provided
2-i that there has first been subinitteil to the commission a form of applica-
25 tion and set of rules adopted by such exchange for the listing of securities
20 which is acceptable to the commission, as indicating in substance that
27 tlie requirements of such exchange are adequate to guard against fraud,
2S and pro\ided further that any subsequent change in the rules of such
29 exchange shall not affect the exemption of securities listed before said
30 change was adopted.
31 The commission may add to this exemption sales or securities listetl
32 upon any other organized stock exchange.
33 (/) Securities which are a legal investment for any savings bank,
34 savings department of any trust company, insurance company or asso-
35 elation under the super\dsion of the commissioner of banks or commis-
36 sioner of insurance of this commonwealth.
37 (g) Securities issued by, and representing an interest in, or direct io3o, 289.
38 contract right against, any national bank or corporation created or
39 existing by virtue of the acts of the congress of the United States ; or by
40 any state bank, trust company, co-operative bank, or credit union of
41 this commonwealth, or of any other state where the same is fully organ-
42 ized, doing business and is under the supervision of the public official
43 controlling banking hi such state; or the securities of any corporation
44 under the supervision of the department of banking and insurance of this
45 commonwealth, other than corporations licensed to make small loans.
46 ih) The securities of any corporation organized under the provisions
47 of chapter one hundred and eighty.
48 (0 The securities of any corporation organized under the laws of this
49 commonwealth whose authorized capital stock, added to its other out-
50 standing securities, does not exceed twenty-five thousand dollars; and
51 the original issuance and sale by any corporation organized under the
52 laws of this commonwealth of its stock so long as the number of stock-
53 holders of said corporation does not exceed twenty-five.
54 (j) Any judicial sale; or the sale by an executor, administrator, con-
55 servator, guardian or trustee appointed by the decree of any court ; any
56 sale by a receiver or trustee in insolvency or bankruptcy; or any sale by
57 a corporation of its stock for a delinquent assessment made in accord-
58 ance with the provisions of law whether or not any such sale described
59 in this subdivision is made directly by the owner or legal representative
60 of the owner or through an agent, whether or not a broker or salesman,
61 of such owner or legal representative.
62 (A-) The distribution by a corporation of capital stock, bonds or other
63 securities to its stockliolders or other security holders or their respective
64 assigns as a stock dividend or other distribution out of surplus; securities
65 issued under a corporate reorganization by a corporation, or corpora-
66 tions, entirely to its or their security holders or their assigns, directly or
67 through an agent, or increased capital stock of a corporation sold or
68 distributed by it, directly or through an agent, entirely among its stock-
69 holders or their assigns, without payment of any commission or expense
70 to any broker or salesman in connection with the distribution thereof.
71 (/) The sale, by a pledge holder or mortgagee selling, in the ordinary
72 course of business, of a security pledged with him in good faith as a
73 securit^' for a bona fide debt.
1318
PROMOTION AA'D SALE OF SECURITIES.
[Chap. IIOA.
(???) The sale of notes secured by mortgages on real or personal prop-
erty where the legal title to the entire security for said notes is sold and
transferred therewith.
(??) The sale of securities directly or through a representative to a
registered broker.
(o) Tht commission may, on such terms as it deems advisable, exempt
from the provisions of this chapter sales at public auction of securities
not otherwise exempt under this chapter.
(p) In addition to the securities enumerated in section three as ex-
empted from tlie provisions of this chapter, the commission may, from
time to time, by order, in accordance with such rules and standards as
it may prescribe, upon petition or upon its own motion, add to the list
of exempted securities therein specified, other sales, securities and
classes of securities. Any order of exemption adopted under this section
may provide that the same shall not apply to any new and additional
securities issuetl by the same enterjirise or against the same property
unless and until the commission adopts a like order in relation thereto.
If it shall appear to the commission that the sale of any security
exempted under any provision of this section would be fraudulent or
would be likely to result in fraud, the commission may reciuire such full
information concerning such security as it may deem necessary.
74
75
76
77
78
79
80
81
82
83
84
8.3
Sii
87
88
89
90
91
92
93
94
statement :
filing before
sale of cer-
tain securi-
ties, contents.
1921, 499, § 1.
Section 4. No security not exempted from the provisions of this
chapter under the preceding section, that has been sold in this common-
wealth prior to June first, nineteen hundred and twenty-one, shall be sold
after six months following the effective date of this chapter or after such
further time as the commission may prescribe, unless and until there shall
ha\e been filed with the commission by a person offering the same for
sale or by the directors or trustees of the corporation, association, trust or
other body issuing the security or other officers holding a corresponding
relation thereto, or by officers duly authorized by such directors or trustees
to take such action, a statement on such forms as the commission may
prescribe, duly dated and sworn to l)y the person or officers subscribing
and filing the same, containing the following information and data relati\e
to the security to be offered and the person, corporation, association or
trust issuing such security, to wit:
(a) The names and addresses of the board of directors or other board of
management, and of the president, treasurer, secretary, auditor, or corre-
sponding officers of such corporation, association or trust;
(b) The state or other sovereign power, under the laws of which the
corporation, association or trust was organized, and a reference to such
laws;
(c) The purpose for which the corporation, association or trust was or-
ganized or formed and the genera! nature of the business to be transacted
or in which it proposes to engage ;
{(I) The capitalization thereof, including the authorized amount of its
capital stock, the munher and classes of shares into which such capital
stock is divided, a description of the respective voting rights, i)references,
rights to dividends, profits or capital of each class with respect to each
other class, the amount of capital stock of each class issued or included in
the shares of stock to be offered, the amount of the funded debt, if an.v,
with a brief (lescri])ti()n of the date, maturity aiitl character of such debt,
and the security, if any, therefor;
1
2
3
4
5
6
I
8
9
10
11
12
13
14
15
IG
17
18
19
20
21
22
23
24
25
20
27
28
29
30
31
Chap. IIOA.] promotion and sale of securities. 1319
32 The commission may, to such extent as it deems reasonable, accept in
33 Heu of such statement, a reference to recognized sources of information
34 selected by the commission, containing such information and particulars
35 as it deems sufficient.
1 Section 5. No security not exempted under section three and to Notice of
2 which the preceding section does not apply shall be sold unless and until seif<en"in
3 there shall ha\e been filed with the commission by a person offering the Smmission
4 same for sale or by the directors or trustees of the corporation, associa- °al',^'"''"^
5 tion, trust, or other body issuing the security, or b>- other officers holding lil^.j;^""' ^ ^■
6 a corresponding relation thereto, or by officers duly authorized by such is^*. -ss^, § 2.
7 directors or trustees to take such action, a notice of intention to offer for
8 sale the security named and specified in the notice; but within seven
9 days, or such further period as in any special case the commission may
10 authorize, after filing said notice, the person or officers, or some one in
11 their behalf, shall file with the commission a statement containing the
12 information and data relative to the security offered and the issuing
13 corporation, association or trust, specified in subdivisions (a), (b), (c)
14 and (d) of section four, and in addition thereto a statement of the pur-
15 poses to which the proceeds of the proposed issue are to be applied. Upon
16 and after the filing of such notice the said security may be sold and offered
17 for sale by any broker or salesman registered under the provisions of this
18 chapter, subject, however, to the provisions of the following section and
19 subject to the right of the commission in its discretion to forbid its sale
20 until the information required by this and the following section is filed
21 with it and the commission has revoked its action in forbidding its sale.
1 Section 6. If, upon receipt and examination of the notice or of any statement or
„ .,,, ,. .-,1 ••! notice: eom-
2 statement required l)y the two precedmg sections the commission deems mission may
3 the information inadequate it shall make such further investigation as it add"itionai
4 shall deem necessary or advisable, and may require from the person filing 'i'92[,"499?"u.
5 such statement or from any person or persons issuing such security such j^g, «5. s i.
6 further information under oath, including examinations and reports by
7 reputable accountants, engineers and other experts, at the expense of the
8 person or persons aforesaid, as may in its judgment be necessary to enable
9 it to ascertain whether the sale of such security would be fraudulent or
10 would result in fraud. The failure to submit the information required by
1 1 the commission within such reasonable time as it may specify shall in the
12 absence of satisfactory explanation or of extension by the commission of
13 the time for filing such information, be deemed prima facie evidence of
14 fraud. Whenever the commission is of opinion from the information
15 disclosed or in its possession that the sale of any security under section
16 four or five or of any security exempted under any provision of section
17 three, is fraudulent or would result in fraud, it shall make a finding to that
18 eft'ect. Upon the making of such finding, such security shall not be sold
19 or offered for sale until, and except in accordance with, further action by
20 the commission or by the court as pro\'ided in this chapter.
1 Section 6A. The commission may also require any person offering Periodic
2 any security for sale, or the directors, trustees or corresponding officers of of financial
3 the corporation, association, trust, or other body issuing the security, authoA'tyof
4 the sale of which is otherwise lawful under this chapter, to file, in such ;:°"™|f^'°°
5 form as it may from time to time prescribe, periodic statements verified ^IJ^jf/^,""*''"^
6 by oath of the person or officers subscribing and filing the same and of a i929,°'3S7, § 3.
1320
PROMOTION AND SALE OF SECURITIES.
[Chap. IIOA.
reputable accountant, or, in lieu of such oath, verified by the written 7
declaration of such person or officers and accountant that such state- 8
ments are made under the penalties of perjury, showing the financial 9
condition of such person, corporation, association, trust or other body 10
and such further information and data as the commission may deem 11
advisable. Failure to file such statements or to submit such information 12
and data within the time specificfl shall be just cause for the making by 13
the commission of a finding to the efi'ect that the sale of such securities is 14
fraudulent or would result in fraud. Such a finding shall have the same 15
eft'ect as if made under section six. 16
Public hear-
ings. Court
review of
orders, etc,
of commission.
1921, 499, § 1.
1922, 435, § 2.
Section 7. Any interested person aggrieved by any order or finding 1
of the commission under any provision of this chapter, or by any refusal 2
or failure of the commission to make an order under any of said provisions, M
shall be entitled to a public hearing thereon before a majority of the 4
members thereof, at which he may be represented by counsel, and may 5
submit any relevant evidence. When so requested by any such person, 6
the commission shall rule upon any question of law properly arising in the 7
course of such hearing. Any failure or refusal of the commission to rule 8
upon such a question within ten days after such request shall be taken 9
and recorded as a ruling adverse to the person requesting the same. At 10
the conclusion of sucli hearing, the commission shall reconsider and review 11
the subject matter of such appeal, and shall, within twenty days there- 12
after, affirm, modify or rescind the order or refusal appealed from. The 18
supreme judicial and superior courts shall have jurisdiction in equity to 14
review, modify, amend or annul any ruling, finding of fact, or order of 15
the commission, and the procedure before said court in relation thereto Ifi
shall conform to the provisions of section five of chapter twenty-five, so 17
far as applicable. 18
1
Registration
of brokers
and salesmen.
Applications,
renewals,
suspensions,
revocations.
1921, 499, § 1.
1922, 317, § 1:
435, § 3.
1923, 48.
1924, 487, § 4.
1926,211.
Section 8. No person shall sell securities within this commonwealth,
whether exempted under section three or not, as broker or salesman,
except as provided in paragraph (6) of section ten, unless he has been
registered by the commission. An original application for such registra-
tion shall state the applicant's name and residence, and the place where
the registered business is to be conducted, shall be accompanied by a
certificate of two citizens of the commonwealth that the applicant is, in
their opinion, honest and of good repute, or, in case the applicant is a
partnership, corporation, trust or voluntary association, tliat the repu-
tation of its members, officers or trustees for honesty and fair dealing is
good. When required by the commission, each application for such regis-
tration as a salesman or for renewal thereof shall also be accompanied by a
photograph, of the type known as a passport photograph, of the applicant
which photograph shall become a part of the records of tlie department
and shall remain i)ermanently in its files. Every registration under this
section shall expire on the thirty-first day of December in each year, but
the same may be renewed. Anv' person registered as broker or salesman
prior to October first, nineteen hundred and twenty-four, sliall be entitled
to renewals thereof merely by payment of tiie lawful fee, unless his regis-
tration has been or shall be cancelled or re\i)ked by ortler of the commis-
sion. Any person applying for registration as broker or salesman after
said date shall furnisii under oath such information as the commission
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
•^2
Chap. IIOA.] promotion and sale of securities. 1321
23 may require, and shall be registered if it appears to tiie commission that
24 the applicant is of good moral character and of sufficient acquirements
25 and (jualifications. The fee for such registration and for each annual
26 renewal thereof shall be fifty dollars in case of brokers and two dollars in
27 case of salesmen. Said fees shall be paid into the state treasury. No non-
28 resident person not having a usual place of Ijusiness in the commonwealth
29 shall be so registered unless and until he has filed with the commission a
30 writing, in a form to be approved by the attorney general, appointing the
31 secretary of the commission or his successor in office to be his true and
32 lawful attorney upon whom all lawful processes in any action or proceed-
33 ing against him relative to or connected with an act or acts done as such
34 salesman or broker may be served, and in such WTiting shall agree that
35 any lawful process against him which is served on said attorney shall be
36 of the same legal force and validity- as if in fact served on the applicant,
37 and that the authority shall continue in force so long as any liability
38 remains outstanding against the applicant in this commonwealth. No
39 person registered as a broker or salesman shall sell any security or securi-
40 ties, whether exempted under section three or not, which are to be paid
41 for in accordance with the terms of an instalment or partial payment plan
42 contract except as such plan is appro \-ed by the commission. No person
43 shall be entitled to registration hereunder if he, or, in case of a partnership,
44 any member of the firm, or, in case of a corporation, any officer thereof,
45 or, in case of a trust or other imincorporated association, any trustee or
46 officer thereof, has been convicted of a felony or of a violation of any
47 provision of this chapter. Conviction of such an offense shall render void
48 the registration of the person convicted or of the firm of which he is a
49 member in case of a partnership, or of the corporation of which he is an
50 officer, or of the trust or other unincorporated association of which he is a
51 trustee or officer, but the commission may, after hearing, restore such
52 registration. The commission may at any time in the case of any broker
53 or salesman, the conduct of whose business it has reason to believe has
54 been fraudulent or if continued would result in fraud, require such infor-
55 mation under oath as in its judgment may be necessary to enable it to
56 ascertain whether such broker or salesman is conducting his business
57 in a fraudulent manner or wilfully and purposely evading or seeking to
58 nullify the pro\'isions of this chapter. The failure to supply the informa-
59 tion required within such reasonable time as the commission may specify
60 shall, in the absence of satisfactory ex-planation or of extension by the
61 commission of the time for filing such information, be deemed prima facie
62 evidence of fraud. If it appears to the commission that any registrant
63 is or has been conducting business as a broker or salesman in a fraudulent
64 manner or is or has been wilfully and purposely evading or seeking to
65 nullify the provisions of this chapter, whether under his present registra-
66 tion or prior thereto, the commission, upon notice to the registrant, may
67 suspend or revoke his registration either as broker or salesman or both.
68 Upon the suspension or revocation of his registration, a broker or sales-
69 man shall not be regarded as registered nor be entitled thereafter to regis-
70 tration as either a broker or salesman, nor shall any firm of which he is a
71 member, nor any corporation, trust or other unincorporated association
72 of which he is an officer, trustee, manager or agent, be regarded as regis-
73 tered or be entitled to registration under the provisions of this chapter
74 unless and until such suspension or revocation shall be modified or
75 annulled by the commission or by the court.
1322
PROMOTION AND SALE OF SECURITIES.
[Chap. IIOA.
Same subject.
Receipts,
issuance to
registrants.
Register.
1921, 499, § 1.
1924, 487, § 5.
Section 9. The commission shall not issue any certificate or written 1
evidence to any person registered as a broker or salesman other than a 2
receipt in such form as it may approve. Every salesman so registered 3
shall have said receipt upon his person and said receipt shall be shown 4
upon demand to an officer authorized to make arrests but to no other 5
person; violation of this provision by a salesman so registered shall be G
ground for the cancellation by the commission of his registration. The 7
finding of the commission that a person may act as a broker or salesman 8
within the commonwealth shall, except as aforesaid, take the form solely 9
of entering his name on the register of brokers or salesmen properly 10
indexed and open to the public; but the finding of the commission that 11
the registration of a person to act as a broker or salesman should be can- 12
celled on the register, shall be in the form of an order to that effect. 13
Where the registration of a person as salesman or broker is cancelled 14
under the provisions of this chapter, the commission shall so note upon 15
the register. 16
Fraudulent
securities ;
financial
statements,
information,
etc., open to
public
inspection.
Circulars,
etc., issue
regulated.
Rights of
action, etc.,
not limited
by chapter.
1921, 499, § 1.
1922, 317, § 2.
1924, 487, § 6.
Section 10. (a) All information received by the commission under
this chapter concerning securities found by it to be fraudulent and all
financial statements so received concerning any securities shall be kept
open by the commission to public inspection at reasonable hours, and the
commission shall supply to the public copies of summaries of such infor-
mation at charges eciualing the cost of typing or printing, and shall supply
to the police or other persons aiding in the enforcement of the law lists of
persons registered as brokers or salesmen; provided, however, that the
commission shall have power to place on a separate file not open to the
public, except on its special order, any information which it deems, in
justice to the person filing the same, should not be made public.
(b) A broker registered under this chapter shall place the name under
which he is registered and his address upon all circulars, pamphlets or
advertisements issued by hhn concerning any security. No person, other
than a broker registered under this chapter, shall issue any circular or
pamphlet or procure the publication of any advertisement concerning
securities not exempted under section three within the commonwealth,
unless such circular, pamphlet or ad\ertisement is signed by such person
and all the persons contributing to the cost thereof with their respective
addresses and a statement of their respective interests in such securities,
or unless the circular, pamphlet or advertisement is signed or its issuance
procured or paid for by a so-called syndicate or group of persons at least
one of whom is a broker registered under this chapter. The commission
may at any time require information showing the compliance of any one
so advertising or so issuing circulars or pamphlets with the provisions of
this section; and may also, at any time, require in the case of any security
the sale of which it has reason to believe has been fraudulent or if con-
tinued would result in a fraud, information as to the amount of such
security sold to an\- person, and the person or persons to whom any such
security has been sold and the terms and nature of such sale.
(c) Nothing in this chapter shall limit any statutory or common law-
right of any person to bring any action in any court for any act involved
in the sale of securities, or the right of the commonwealth to punish any
person for any violation of any law.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Mailing
ati dresses,
filiriK by
applicants
Section 11. (a) Every person applying for registration as a broker or 1
salesman or filing any lists or information or applying for an order of the 2
Chap. IIOA.] promotion .vnd sale of securities. 1323
3 commission permitting the sale of securities, or for any other cause, shall ti'on"ftc'™"
4 file with tlie commission his mailinf; address and any change therein. Adv'ortisc-
■KT . I -1 I 111 1*1 • * nients, etc.,
5 Notice sent by mail to sucli person to sucJi address by said commission reguhitod.
G shall be deemed sufficient notice to such person. The commission shall etc.' 'oUom-
7 not cancel or suspend the registration of any broker or salesman except "fcateaa"'
8 upon notice to the registrant, provided he has complied with this sub- complaints
9 division. _ _ _ _ _ Z^<^^- '
10 (6) No person shall in issuing or publishing any circular or advertise- 1921,499, §i.
1 1 ment make any reference whatsoever to the fact that the provisions of this
12 chapter have been complied with. The violation of this provision shall be
13 ground for the cancellation of the registration of such person as broker or
14 salesman or for forbidding the sale of the securities so referred to.
15 (c) The certificate of the commission over the signature of its secretary
16 or assistant secretary shall be competent evidence, where otherwise admis-
17 sible, in any court as to any act or finding of the commission.
IS (d) The commission shall investigate all such comi)laints as to the sale
19 of fraudulent securities or the fraudulent sale of securities or the violation
20 of any of the provisions of this chapter as shall be referred to it, and shall
21 report such violations to the attorney general if it considers the public
22 interest so requires. The attorney general shall report to the commission
23 in writing on or before the first Wednesday of each year as to the dis-
24 position of all such cases so reported to him by the commission.
1 Section 12. The provisions of section four of chapter twenty-five. Proceedings
2 so far as applicable, shall apply to the proceedings under this chapter, "hiptersub-
3 except as otherwise provided. tlin laws'"
1921, 499, § 1.
1 Section 13. [In.serted, 1921, 499, § 1; repealed, 1922, 259, § 2.]
1 Section 14. A person shall not be excused from attending and testify- witnesses,
2 ing before the commission, acting under the pro\isions of this chapter, on anl'telumony
3 the ground that his testimony or evidence, documentary or otherwise, n.fsg-on"'""
4 mav tend to criminate him or subiect him to a penaltv or forfeiture; but immunity
1*111 I 1 1- 1 Vc* c from prose-
5 he shall not be prosecuted or subject to a penalty or lorieiture tor, or on cution, etc.
6 account of, any action, matter or thing concerning which he may be re- " '
7 quired to so testify or produce evidence except for perjury committed in
8 sucli testimony.
1 Section 15. Whoever, being requirerl under any section of this Perjury.
2 chapter to furnish information under oath, wilfully swears or affirms pemiity..
3 falsely in a matter relative to which such oath or affirmation is required, out warrant
4 shall be guilty of perjury. Whoever violates any provision of this chapter securit'ies"for
5 shall be punished by a fine of not more than five thousand dollars or by j*J.|ipt'etc'
6 imprisonment for not more than two and one half \'ears, or both. Any Records of
' 1-1 1 • 1 ' 11 convictions.
7 omcer authorized to make arrests may arrest without a warrant and keep abstracts to
8 in custody until he can be taken before a court having jurisdiction of such i92\, 499. i 1.
9 offense, any salesman ofl'ering securities for sale who does not have in his '
10 possession and who does not exhibit upon demand to such officer a receipt
11 issued to him by the commission under the provisions of section nine of
12 this chapter. Record shall be kept by every court and trial justice of
13 every case in which a person is convicted of a violation of any provision
14 of this act, and of everj' case in which a person registered as a broker or
1324 PROMOTION AND SALE OF SECURITIES. [ChaP. IIOA.
salesman is convicted of a felony, and an abstract of such record shall be 15
sent forthwith by the clerk of the court or the trial justice to the com- 16
mission.
1
aarprDvfsio'n, SECTION 16. If any provision of this chapter, or the application of 1
1921 ''"gg's 1 s"^h provision to any person or circumstances, shall be held invalid, the 2
remainder of this chapter, or the application of such jirovision to persons 3
or circumstances other than those as to which it is held invalid, shall not 4
be affected thereby. 5
\
Chai>. 111.]
PUBLIC HEALTH.
1325
TITLE XYI.
PUBLIC HEALTH.
Chapter HI. Public Health.
Chapter 112. Registration of Certain Professions and Occupations.
Chapter 1 13. Promotion of Anatomical Science.
Chapter 114. Cemeteries and Burials.
CHAPTER 111
PUBLIC HEALTH.
Sect.
definitions.
1. Definitions.
DUTIES OF THE DEPARTMENT OF PUBLIC
HEALTH.
2. Commissioner of public health.
Certain duties, etc.
3. Certain duties of the public health
council.
4. Health districts. District health
officers.
5. Powers and duties of the depart-
ment, in general.
6. To define diseases deemed dangerous
to public health.
7. Investigation of contagious diseases.
Notice. Penalty.
8. May prohibit use of common drink-
ing cups and towels. Penalty.
9. May appoint analysts, inspectors,
etc., to make investigations. Pen-
alty fur hindering, etc.
10. Analyses of paint, turpentine, etc.
11. Analyses of intoxicating liquors.
12. .Analyses of drugs and poisons.
1.3. To furnish certificates of results of
analyses.
14. To furnish remedies for ophthalmia
neonatorum.
15. Tests for division of animal industry.
16. To report unsanitary condition of
barns, etc., to director of animal
industry.
17. Advice as to disposal of sewage.
Definitions.
IS. Powers and duties of district health
officer.
Sect.
19. Annual report of district health
officer.
20. Examination of police stations, etc.
21. Department to make rules for police
stations, etc.
22. Approval of plans for police station
houses.
23. Annual report of commissioner.
Recommendations.
24. Department may publish certain
information.
25. Department to publish results of
analyses, etc.
city AND TOWN BOARDS OP HEALTH.
26. Local boards of health. Number,
appointment, etc.
27. Organization, physicians, etc.
27A. Appointment of health officers by
union of two or more towns.
Exception. Duties, salary, etc.
28. Annual reports.
29. Weekly reports of deaths from cer-
tain diseases.
30. Agents.
31. Health regulations. Notice.
31A. Removal, etc., of garbage, etc.,
regulated.
32. Retention of cases.
33.
34.
35.
sanitary stations.
Construction of sanitary stations,
etc.
bakeries.
Construction of bake rooms.
Sleeping places regulated.
1326
PUBLIC HEALTH.
[Chap. 111.
Sect.
36. Compulsory alteration of premises.
37. Regulations.
38. Penalty for violation of four pre-
ceding sections.
39. Rules and regulations for bakeries.
Enforcement. " Bakery " defined.
40. Construction of bakeries.
41. Employees' clothing, rooms for
hanging, etc.
42. Regulations for sale, etc., of bakery
products.
43. Cleanliness of employees.
44. [Repealed.]
45. [Repealed.]
46. Changes in bakeries.
47. Closing of unfit bakery. Hearing.
Appeal.
48. Approval of new bakeries.
49. Penalty.
DISPENSARIES.
50. Cities and towns may maintain
clinics, etc.
51. Definition of "dispensary".
52. Maintenance of unUcensed dispen-
saries prohibited.
53. License.
54. Rules and regulations.
55. Inspection. Revocation of license.
56. Penalties.
57. Establishment and maintenance of
tuberculosis dispensaries. Pen-
alty.
DAY NURSERIES.
58. Definition.
59. Licenses.
60. Rules and regulations.
61. Inspection. Revocation of license.
62. Penalties.
CHILDREN S HEALTH CAMPS.
62A. Establishment in certain cities and
towns.
62B. Commission on children's health
camps.
62C. Powers and duties of commission.
62D. City, etc., treasurer to invest, etc.,
money, etc., received from com-
mission. Bond.
62E. Records, annual report, etc.
62F. Union children's health camp dis-
tricts.
62G. Approval of department required.
Inspection.
62H. Certain contracts for care, etc., of
school children deemed compli-
ance with §§ 62A to 62G.
STATE SANATORIA.
63. Sanatoria, duties of commissioner
relative to.
Sect.
64.
65.
6oA.
66.
67.
68.
69.
Annual inventory, etc.
Admissions to the Rutland state
sanatorium.
Treatment of extra-pulmonary tu-
berculosis at Lakeville state sana-
torium.
Charges for support of inmates
of state sanatoria. Exceptions.
Certain statements as ei'idence.
Trust funds for sanatoria.
[Repealed.]
[Repealed.]
PONDVILLE HOSPITAL.
69A. Admissions for treatment for cancer.
69B. Notice of admissions.
69C. Charges for support. Recovery.
Certain statements as evidence.
69D. Cause of action deemed to have
accrued, when.
HOSPITALS.
70. Certain hospitals to keep records of
cases. Inspection, copies.
71. Maternity hospitals. Licensing.
72. Same subject. Rules. Inspection.
73. Same subject. Keeping, etc., un-
licensed hospital penahzed.
74. Certain towns may appropriate
money to be paid to hospitals for
the reception, etc., of certain
persons.
75. Unlawful use of buildings for hos-
pitals penalized.
76. Cities and towns to receive subsidies
for certain consumptive patients.
77. Payments of claims.
78. Counties to provide hospital care
for certain persons sufTering from
tuberculosis.
79. Contracts for supplying hospital
facihties for consumptives.
80. "Adequate" hospital provision, term
defined.
SI. County commissioners to erect one
or more hospitals. Exceptions.
Capacity.
82. To borrow money, etc.
83. To apportion cost to cities and
towns, etc.
84. [Repealed.]
85. Apportionment of maintenance of
hospitals and preventoria.
S5.\. Temporary loans for care, etc., of
hospitals.
S5B. Preventoria.
85C. Diagnostic service in respect to
tuberculosis, etc.
86. County commissioners may take
land.
87. County commissioners to be trustees.
etc.
88. Admission of patients, etc. Pay-
ment by cities and towns, etc.
Chap. 111.]
PUBLIC HEALTH.
1327
Sect.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
Situation, plans, etc., to be approved
by state department.
Certain officials to act for Chelsea.
Revere and Winthrop.
Exemptions. Certain cities and
towns to become members of hos-
pital districts, when. Proportion-
ate payments of cost of hospitals
required.
DANGEROUS DISEASES.
Maintenance of isolation hospitals,
etc. Exceptions.
Physicians, nurses, etc., subject to
regulations.
Cities and towns having isolation
hospitals may receive persons
from adjoining towns.
Powers and duties of boards in
cases of infectious diseases.
Warrants to remove sick persons,
etc.
Limitation of two preceding sec-
tions.
Removal of infected articles, per-
sons, etc.
Warrant to secure infected articles,
etc.
Warrants to take houses for safe
keeping of goods.
Officers may command aid. Pen-
alty.
Payment of expenses.
Compensation for houses, etc., im-
pressed.
Notice of infected places. Penalty
for removal, etc.
Penalty for violation of regulations.
Travelers from infected places out-
side commonwealth. License, etc.
Penalty.
Transportation of infected dead
bodies regulated. Penalty.
Removal of sick prisoners.
Householder to give notice of dan-
gerous diseases. Penalty.
Diseases of the eyes of infants to be
reported. Penalty.
Physicians to report names of per-
sons infected with certain diseases.
Penalty.
Local board to notify department.
Records and reporting of dangerous
diseases. Penalty.
Forfeiture of claim.
Recovery of expenses.
Payment of certain expenses regu-
lated.
VENEREAL DISEASES.
Treatment of venereal diseases.
Discrimination against treatment of
venereal diseases, when forbidden.
Sect.
119. Records, etc., of venereal diseases
not public records. Penalty.
120. Certain records, etc., to be de-
stroyed.
121. Treatment of venereal diseases and
tuberculosis in certain institu-
tions. Payment of expense.
NUISANCES.
122. Nuisances. Examination, regula-
tion, etc.
123. To be abated by owner.
124. Service of order for abatement.
125. Removal by board.
126. Location of pri\-y vaults regulated.
127. Regulations relative to house drain-
age.
128. Eviction from unfit dwelling. Pen-
alty for further occupation.
129. Removal or destruction of nuisance
on conviction of owner, etc.
130. Enjoining nuisance.
131. Compulsory examination of prem-
ises.
132. Certain land deemed nuisance.
133. Application for abatement.
134. Proceedings on appUcation for
abatement.
135. Form of notice and service thereof.
136. Abatement of nuisance. Damages.
137. Appeal from adjudication of nui-
sance.
138. Appeal from assessment.
139. Board to make return. .
140. Appointment of commissioners.
141. Application to county commis-
sioners.
142. Costs and expenses. Award, pay-
ment.
NOISOME TRADES.
143. Assignment of places for offensive
trades.
144. Revocation by court. •
145. Damages.
146. Orders of prohibition. Penalty.
147. Appeal from order.
148. Trade not to be exercised mean-
while.
149. Verdict. Effect.
150. Damages and costs.
151. Slaughter houses, etc., regulated.
Exceptions.
152. Prohibition of offensive trades.
Penalty.
153. Restraint of offensive trades.
154. Killing and rendering of horses, etc.,
regulated. Penalty.
STABLES.
155. Licenses for stables in cities and cer-
tain towns.
156. Stables in vicinity of churches regu-
lated.
1328
PUBLIC HEALTH.
[Chap. 111.
Sect.
157. Penalty.
158. Licenses for stables in small towns.
WATER SnPPLY.
159. Supervision of inland waters.
160. Examination of water supply
Rules. Penalty for violation.
161. Effect of publication of rule, etc.
162. Removal of causes of pollution.
Damages. Penalty for violation
of order.
163. Appeal from order.
164. Enforcement of law.
165. Entry on premises. Compensation,
how apportioned, etc.
166. Application of preceding sections
limited.
167. Protection of sources of water
supply.
168. Prescriptive rights, etc., unaffected.
Application of preceding section
limited.
169. Injunction against pollution of water
supply.
170. Defilement of spring or source of
water, etc., penalized.
171. Wilful corrupting of sources of water
supply penalized.
172. Bathing in sources of water supply
penalized.
173. Protection of domestic water supply.
174. Driving on ice on ponds used for
water supply penalized.
Sect.
174A. Prevention of defilement by gulls or
terns of waters used for domestic
water supply.
protection op CHARLES KIVER.
175. Protection of Charles river from
pollution.
quarantine.
176. Quarantine grounds.
177. Quarantine regulations.
178. Quarantine of suspected vessels.
179. Person refusing to answer questions
relating to infections, etc., penal-
ized.
180. Payment of quarantine expenses.
VACCINATION.
181. Boards of health to enforce vaccina-
tion. Penalty.
182. Inmates of factories, etc., to be
vaccinated.
183. Exemptions.
MISCELLANEOUS PROVISIONS.
184. County bacteriological laboratories.
185. Certain apparatus to be disinfected,
etc.
186. Use of certain machines penalized.
187. Enforcement of provisions of chap-
ter.
188. Disposition of fines and forfeitures.
189. Chapter, when applicable to cities.
Definitions.
[For additional
definitions
see H 17, aO,
51, 68, SO.)
DEFINITIONS.
Section 1. The following words as used in this chapter, unless a 1
different meaning is required by the context or is specifically prescribed, 2
shall have the following meanings: 3
" Board of health " shall include the board or officer having like powers 4
and duties in towns where there is no board of health. 5
"Commissioner", the commissioner of public health. 6
"Council", the public health council of the department of public 7
health. ' 8
"Department", the department of jniblic health. 9
Commissioner
of public
health. Cer-
tain duties, etc.
1869, 420, 5 .'").
lS8(i, 101, § 3.
II. I.. 7.5, § 3.
1914, 792,
§§2.8.
1919, 350,
§§96,97.
4 Op. A. G.
16, 100, 403.
DUTIES OF THE DEPARTMENT OF PUBLIC HEALTH.
Section 2. The commissioner shall administer the laws relative to 1
health and sanitation and the regulations of the department, and shall 2
prepare rules and regulations for the consideration of the council. He 3
may direct any executive officer or employee of the department to assist 4
in the study, suppression or prevention of disease in any part of the com- f)
monwealth. He shall submit annually to the council a report containing 0
recommendations in regard to health legislation. 7
?ahf pubhi-"' Section 3. The council shall make and promulgate rules and regu- 1
health council, lations, take evidence in appeals, consider plans and appointments re- 2
Chap. HI.] public health. 1329
3 quired by law, hold hearings, and discharge other duties required by i869,42o,
4 law; but it shall have no administrative or executive functions. §§i-3, s.
1S79. 291. §§2, 7. 1SS6, 101, §§ 1-3. R. L. 75, §§ 1-3.
P. S. 79, §§ 1, 3. 1SS9, 370. 1914, 792, §§ 3, 8.
1 Sf.ction 4. The commissioner, with the approval of the council, shall "^j'r'^'jg
2 from time to time divide the state into not more than eight health (lis- District health
3 tncts. He may from time to time order two or more district health orhcers i907, 537,
4 to work in one district, in order to study, suppress or prevent disease. 1910, 523, § 1.
5 Each district health officer shall act as the representative of the commis- lolu; 350, §'97.
6 sioncr, and under his direction shall secure the enforcement within his 1920,435.
7 district of the laws and regulations relating to public health. He shall
8 have the powers and perform the duties set forth in this chapter, and,
9 under the direction of the commissioner, shall perform such other duties
10 as he may prescribe.
1 Section 5. The department shall take cognizance of the interests of dutierof"he
2 health and life among the citizens of the commonwealth, make sanitary fn^^"™^"'"
3 investigations and inquiries relative to the causes of disease, and es- i|«-j' *20, § 2.
4 pecially of epidemics, the sources of mortality and the effects of localities, p s. so. § 1. '
5 employments, conditions and circumstances on the public health, and isse! 101! § 4!
6 relative to the sale of drugs and food and adulterations thereof; and shall \l^t] HI', ^ ^'
7 gather and disseminate such information relating thereto as it considers J|oi! 104! ^ ^'
8 proper for diffusion among the people. It shall advise the government fgn^' Jsu ^ *'
9 concerning the location and other sanitary condition of any public insti- i9i2, im. ^
10 tution; and shall have oversight of inland waters, sources of water supply 1917! 190! ^ '
11 and vaccine institutions; and may, for the use of the people of the com- 1921! 322! '
12 monwealth, produce and distribute antitoxin and vaccine lymph and such lls^iats! I82.
13 specific material for protective inoculation, diagnosis or treatment against
14 typhoid fever and other diseases as said department may from time to
15 time deem it advisable to produce and distribute; and may sell, under
16 such rules, regulations or restrictions as the council may establish, such
17 amounts of the various biologic products prepared or manufactured in
18 the laboratories of the department, as constitute an excess over the
19 amounts required for the diagnosis, prevention and treatment of infectious
20 diseases within the commonwealth. It shall annually examine all main
21 outlets of sewers and drainage of towns of the commonwealth, and the
22 effect of sewage disposal.
1 Section 6. It shall define what diseases shall be deemed to be dan- To define
2 gerous to the public health. dangerous to
1907, 183, § 1. 1914, 792, §1. 1919,350,5 96. public health.
1 Section 7. If smallpox or any other contagious or infectious disease investigation
2 declared by the department to be dangerous to the public health exists diseases.^'""*
3 or is likely to exist in any place within the commonwealth, the depart- Pe°nXv.
4 ment shall make an investigation thereof and of the means of preventing p^g^'go^^'J.®'
5 the spread of the disease, and shall consult thereon with the local authori- R-^l ^s^^ s.
6 ties. It shall have co-ordinate powers as a board of health, in every town, wu. 792, § 1^.^
7 with the board of health thereof. It may require the officers in charge of 1931! 213^ § 3.
8 any city or state institution, charitable institution, public or private "
9 hospital, dispensary or maternity hospital, or any board of health, or the
10 physicians in any town to give notice of cases of any disease declared by
11 the said department to be dangerous to the public health. Such notice
1330
PUBLIC HEALTH.
[Chap. 111.
shall be given in such manner as the department may deem advisable. 12
If any such officer, board or physician refuses or neglects to give such l.'j
notice, he or they shall forfeit not less than fifty nor more than two hun- 14
dred dollars. 1'^
May prohibit
use of common
drinking cups
and towels.
Penaltv.
1910. 42S,
5S 1, 2.
1912, 59,
§§1.2. ^
1914.792, § 1.
1919, 350, § 96.
Section 8. In order to prevent the spread of communicable diseases,
the department may prohibit in hotels and in such public places, vehicles
or buildings as it may designate the providing of a common drinking cup
or a common towel, and may establish rules and regulations for this pur-
pose. Whoever violates any such rule or regulation shall be punished by
a fine of not more than twenty-five dollars.
Op. A. G. (1920) 126.
May appoint
analysts, in-
spectors, etc.,
to malie in-
vestigations.
Penalty for
hindering, etc.
1S82. 263,
§§5,7.
1884, 289, 5 3.
1885, 352, § 5.
R. L. 75, § 5.
1910, 394.
1914,792. § 1.
1919, 3.50. § 97
203 Mass. 602.
Section 9. In the performance of the duties relative to the sale of
drugs and food the commissioner may appoint and remove inspectors,
analysts and chemists. Such inspectors shall, in addition to the powers
given by sections one hundred and twenty-one to one hundred and twenty-
three, inclusive, of chapter ninety-four, have the same power and au-
thority relative to drugs, food and milk as is given inspectors of milk
by sections thirty-five and sixty of said chapter. Whoever hinders, ob-
structs or in any way interferes with any such inspector, analyst or
chemist in the performance of his official duty shall for the first oft'ence
be punished by a fine of not more than fifty dollars, and for a subsequent 10
offence by a fine of not more than one hundred dollars. H
Analyses of
paint, tur-
pentine, etc.
1911. 218;
266, § 3.
1914, 792, § 1.
1919, 350,
§§96,99, 102.
Section 10. The department shall make, free of charge, a chemical
analysis of paint, turpentine, linseed oil, or any synthetic substitute
for them, or any preparation containing the same, when submitted to
it by the commissioner of public safety; and the department shall
furnish to the said commissioner a certificate of the analysis, which
shall be prima facie evidence of the composition and quality of the
material so analyzed.
Analyses of SECTION 11. It shall analvzc, in accordance with sections fifty-four 1
VS?^"?.^ ■: or; to fiftv-seven, inclusive, of chapter one hundred and thirty-eight, all 2
1869, 415. § 25. ^ «• • 'i- i* i • p j_ti u o
1872, 266. §^2. samplcs of intoxicating liquors submitted to it tor that purpose by 6
p. s.'ibo, § 29'. any licensing authority, board of health or police department of any 4
r.*l'. 100, 1 67. town if satisfied that the analysis is to be used in enforcing the laws. 5
1902, 110.
1914,484; 792, § 1.
1919, 350, § 96.
1920, 29.
Analyses of
drugs and
poisons.
1910,495. § 1.
1914,792. § 1.
1919, 350, § 96.
Section 12. It shall make, free of charge, a chemical analysis of
cocaine, alpha or beta eucaine, or any synthetic substitute for them,
or any preparation containing the same, or any salt or compound
thereof, and of any poison, drug, medicine or chemical, when submitted
to it by police autiiorities or by such incorporated charitable organi-
zations in the commonwealth, as the department shall approve for this
purpose; provided, that it is satisfied tliat the analysis is to be used
for the enforcement of law.
To furnish
certificates of
results of
analyses.
1910', 495. § 2.
1914, 792, § 1.
1915, 104.
1919, 350, % 96.
Section 1.3. The analyst or an assistant analyst of the depart- 1
ment shall upon request furnish a signed certificate, on oath, of the re- 2
suit of the analysis provided for in the preceding section to any police 3
officer or any agent of such incorporated charitable organization, and 4
the presentation of such certificate to the court by any police officer 5
Chap. HI.] public health. 1331
G or agent of any such organization shall be prima facie evidence that all
7 the requirements and provisions of the preceding section have been
S complied with. This certificate shall be sworn to before a justice of
9 the peace or notary public, and the jurat shall contain a statement
10 that the subscriber "is the analyst or an assistant analyst of the depart-
1 1 ment. When properly executed it shall be prima facie evidence of tlie
12 composition and quality of the drugs analyzed, and the court shall
13 take judicial notice of the signature of the analyst or assistant analyst,
14 and of the fact that he is such.
1 Section U. It shall furnisii, free of cost, to registered physicians J°^^JP}^\^^
2 such nrophvlactic remedies as it may deem best for the prevention of ophthalmia
1^ ^. * neonatorum.
3 ophthalmia neonatorum.
1910, 458. 1914, 792, § 1. 1910, 3.50, § 96.
1 Section 15. It mav perform for the division of animal industry. Testa for
^ . , , I 1 1* division
2 upon such terms and conditions as may be agreed upon, such services pj fn^imai
3 in its laboratory as may be necessary in the examination of materials '"910^ [55.
4 from animals suspected of being infected with glanders, tuberculosis, f5'39,'\''o,'96.
5 rabies or other diseases of domestic animals.
1 Section 16. It shall report to the director of animal industry all l°^l''i°.l^y
2 cases brought to its attention where barns, stables or other enclosures, f™^^^'™ °\„
3 in which neat cattle, other ruminants or swine are kept, are in an un- ^irect'or^^ '
4 sanitary condition. industry.
1911,381, 52. 1914,792, § 1.
1912, 60S, §§ 1, 2, 4. 1919, 350, §§ 44. 96.
1 Section 17. The department shall consult with and advise the ofR- ^^llZilt^"
2 cers of towns and persons having or about to have systems of water ^^^^^^^3
3 supply, drainage or sewerage as to the most appropriate source of water issS'l'^'*'
4 supply and the best method of assuring its purity, or as to the best method imi 375,
.5 of disposing of their drainage or sewage with reference to the existing r. l~^75, §117.
6 and future needs of other towns or persons which may be afTected thereby. \l\l] 1%] | gjj,
7 It shall also consult with and advise persons engaged or intending to
8 engage in any manufacturing or other business whose drainage or sewage
9 may tend to pollute any inland water as to the best method of preventing
10 such pollution, and it may conduct experiments to determine the best
1 1 methods of the purification or disposal of drainage or sewage. No person
12 shall be required to bear the expense of such consultation, advice or ex- •
13 periments. Towns and persons shall submit to said department for its
14 advice their proposed system of water supply or of the disposal of drainage
1.5 or sewage, and all petitions to the general court for authority to intro-
16 duce a system of water supply, drainage or sewerage shall be accom-
17 panied by a copy of the recommendation and advice of said department
15 thereon. In this section the term " drainage " means rainfall, surface and
19 subsoil water only, and "sewage" means domestic and manufacturing
20 filth and refuse.
1 Section 18. Every district health officer shall inform himself re- Powers and
, . ... pi.Tj*j_ 1 • 11* duties o! dis-
2 specting the sanitary condition of his district and concerning all in- trict health
3 fluences dangerous to the public health or threatening to afTect the 1go"i37. § 3.
4 same; he shall gather all information possible concerning the prevalence fj'/;!'*^'
5 of tuberculosis and other diseases dangerous to the public health within laia. 35o. § 96.
1332
PUBLIC HEALTH.
[Ch.\p. 111.
his district, shall disseminate knowledge as to the best methods of pre- 6
venting the spread of such diseases, and shall take such steps as, after 7
consultation with the department and the local authorities, shall be 8
deemed advisable for their eradication. 9
Section 19. Every such officer shall keep a record of his proceedings
Annua! report
of district i p t^ i r» i
igoy'^safTi ^"^ observations, shall annually on or before December first make a
1914', 792^ report thereof to the department, shall from time to time furnish the
1917, 151. department with such information as it may require of circumstances
1919. 350, § 96. ^ffpp^jjjg ^j^p public health in his district, and shall in every instance
where a written suggestion is made by him to the local authorities send
a copy of such suggestion to said department.
Examination of
police stations,
1910, 405, § 1.
1911, 282, § 1.
1914, 792,
1
Section 20. District health officers shall annually make such ex-
amination of police station houses, lockups, houses of detention, and,
except in the county of Suffolk, jails, houses of correction, prisons and
reformatories as in the opinion of the department may be necessary to
1919, 350, . ^gpgj^^jjj their sanitary condition.
Sak^rSerL*" Section 21. The department shall make rules for police station 1
pdicc stations, houscs, lockups, houscs of detention, jails, houses of correction, prisons 2
191?' ^'82 1 1 ^"*^ reformatories, regarding the care and use of drinking cups and of
1914! 792,' §1.' dishes used for food, the care and use of bedding, and the ventilation
■ of the buildings. Such rules may be general or applicable to a single
building. A copy of such rules as are applicable to station houses,
houses of detention or lockups shall be sent by the said department
to the mayor of every city and to the selectmen of every town to which
the rules apply; and a copy of such rules as are applicable to jails,
houses of correction, prisons or reformatories shall be sent by the de-
partment to the proper authorities. Said officials shall enforce said 11
rules. 12
3
4
5
6
7
8
9
10
Approval of SECTION 22. No station house, house of detention or lockup shall be 1
plans for police .iii i !• ••iii o
station houses, built Until the department has approved in writing the plans, the pro- 1
1914! 792! § 1! visions for lighting, heating and ventilation and for the disposal of sewage, 3
1919, 350, § 96. ^^j ^j^^ dimensions and form of construction of the cells. 4
Annual report
of commis-
Biofler. Rec-
ommendations.
1884. 289, § 2.
1886, 274,
§§ 1-3.
1888, 375,
§§ 1-3.
1901, 104.
R. L. 75,
§§4,7, 115.
1903, 480.
1912, 104.
1917, 190.
1919, 350,
§5 8,96.
Section 23. The commissioner shall make an annual report, includ- 1
ing the results of the examination of main outlets of sewers and drainage 2
of towns and the effect of sewage disposal, with such recommendations 3
for the preservation of the interest of persons and property and for the 4
prevention of offensive odors and objectionable conditions as he con- 5
siders expedient, together with recommendations for the prevention of 6
the pollution of waters used for ice or water supply and for the removal 7
of polluting substances, in order to protect and develop the rights and 8
property of the commonwealth therein and protect public health; and 9
he may recommend any legislation or plans for systems of main sewers 10
necessary for the preservation of the public health and for the purifica- 11
tion and prevention of pollution of ])on(ls, streams and inland waters of 12
the commonwealth. The cominissioucr shall include in his annual re- 13
port the number of prosecutions by the department under chapter ninety- 14
four and an itemized account of the money expended by it in enforcing 15
said chapter. 1^3
Chap. 111.] public health. 1333
1 Section 24. The said department may publish for general distribu- Department
. . n • 1 1 1 ii i -^ may puhhsh
2 tion such parts of its annual report and such other matter as it may ccrtamin-
3 deem adapted to promote the interests of the public health in the com- igoS^Mo.'
4 monwealth; provided, that the expense of such publication is paid out {qh;?!,?!.
5 of the appropriation for the general expenses of the department and does ^^^^- ^^"^ * ^^•
6 not exceed in any one year the sum of five hundred dollars. The depart-
7 ment may also publish for distribution among the boards of health
8 throughout the commonwealth, not oftener than once in three years, a
9 manual of the laws relating to boards of health in the commonwealth,
10 together with such information upon the same subject as it may deem
11 expedient. The cost of such publications shall not exceed one thousand
12 dollars for each edition, and shall be paid out of the appropriation for
13 general expenses of the department.
1 Section 25. The department shall jniblish in each issue of its official ^''p"*^™'
2 departmental publication, and also, if in its opinion the public health ^^™,ygg°'pt„
3 can be served thereby, may publish in one or more newspapers in the 1902, 272, | j.
4 commonwealth, a certificate of the examination or analysis made under 1919] sho, 1 9b.
5 its authority tluring the preceding months of any article of food manu-
6 factnred or offered for sale in the commonwealth which is adulterated
7 within the meaning of chapter ninety-four; and it shall also publish, with
8 such certificate of examination, a statement of the trade mark, brand
9 mark or name, with the name and place of business of the manufacturer,
10 appearing upon the package or box containing such adulterated article,
11 or with the name and place of business of the wholesale dealer of whom
12 the goods were obtained.
CITY AND TOWN BOARDS OF HEALTH.
1 Section 26. In each city, except Boston, the board of health shall ^f"^^'^}??,^'''''
2 consist of three persons, one of whom shall be a physician. No one of Number, ap-
, , ,, , ^ , „ , ■ .,/->! 1 II 1 pomtmeiit, etc.
3 them shall be a member of the city council. One member shall be ap- 1849, 211.
4 pointed in January of each year for three years from the first Monday of g. s'. 26, § 2.
5 the following February. Unless a different mode of appointment or r"'8o,^' ^ '"
6 election is provided in the city charter, the members shall be appointed f|94, n4.
7 by the mayor, subject to confirmation by the board of aldermen, and js^"' ||2-^ ^
8 may be removed by the mayor for cause, and vacancies shall be filled 172 Mass. 4i'7.
9 by appointment for the residue of the unexpired term. Members of the 194 Ma^s! si. '
10 board shall receive such compensation as the city council may determine.
11 Boards of health in towns shall be chosen as provided in chapter forty-
12 one.
1 Section 27. Every such board shall organize annually by the choice organization.
2 of one of its number as chairman. It may make rules and regulations for isr6!'44',"§ 7.°'
3 its own government and for the government of its officers, agents and §'§3,4. "
4 assistants. It may appoint a physician to the board, who shall hold his j'jf;!®'
5 office during its pleasure, may choose a clerk, who in a city shall not be a li^J'j'^^-
6 member of the board, and may employ the necessary officers, agents and p. s! so,^ ^^
7 assistants to execute the health laws and its regulations. It may fix the r. l. 7'5.'§ 10.
8 salary or other compensation of such physician and its clerk and other 257 m^l'. sso!
9 agents and assistants.
1 Section 27A. Two or more towns may, by vote of each, form a dis- Appointment
2 trict for the purpose of employing a health officer therein who shall an- officMs'by
1334
PUBLIC HEALTH.
[Chap. 111.
union of two
or more towns.
Exception.
Duties,
salary, etc.
1929, 77.
nually be appointed by a joint committee composed of the chairman and 3
secretary of the board of health of each of the said towns and shall perform 4
such duties as said joint committee may prescribe. The committee shall 5
determine the relative amount of service to be performed by him in each 6
town, fix his salary, apportion the amount thereof to be paid by each 7
town and certify the same to each town treasurer. Such a health officer 8
insofar as his dutie:: in a given town are concerned shall be the employee 9
of and responsible to the regularly constituted board of health of said 10
town. This section shall not apply to the county of Barnstable. 11
Annual reports.
1S77, 133, § 4.
P. S. 80, § 11.
R. L. 75, § 11.
Section 28. In each city such board shall annually in January make 1
a full and comprehensive report to the city council of its acts during the 2
preceding year and of the sanitary condition of the city. It shall also, 3
if the city council or the standing committee on finance thereof so requires, -1
send to the city auditor a detailed estimate of the appropriation required 5
by its department for the next financial year. 6
Weekly reports
of deaths from
certain
diseases.
1897. 428, § 2.
R. L. 75, § 12.
1913, 210.
Section 29. Boards of health shall send to the department every 1
week, upon forms to be prescribed by it, a report of deaths in their towns ' 2
for the week ending Saturday noon, from all diseases declared by the 3
department to be dangerous to the public health. 4
1914. 792, § 1. 191G, 53. 1919, 350, § 96.
Agents.
1866, 271.
1879, 75.
P. S. S'O, § 16.
R. L. 75, § 13.
143 Mass. 113.
Section 30. Boards of health may appoint agents to act for them 1
in cases of emergency or if they cannot conveniently assemble, and any 2
such agent shall have all the authority which the board appointing him 3
had; but he shall in each case within two days report his action to the 4
board for its approval, and shall be directly responsible to it and under its 5
direction and control. An agent appointed to make sanitary inspections 6
may make complaint of violations of any law, ordinance or by-law relative 7
to the public health. S
Health regula-
tions.
Notice.
1816. 44,
§§3, 11.
R. S. 21, § 8.
G. S. 26, § 6.
Section 31. Boards of health may make reasonable health regula- 1
tions. All regulations made by boards of health under this chapter 2
shall be published once in a newspaper published in the town, and such 3
publication shall be notice to all persons. 4
1920, 591, § 17. 265 Maes. 520.
P. S. 80, <
R. L. 75,
1914, 90.
19.
14.
1924, 180.
260 Mass. 544.
273 Mass. 177.
Removal, etc.,
of garbage, etc.,
regulated.
1921, 358.
Section 31 A. Any person may remove or transport garbage, offal 1
or other offensive substances through the streets; provided that he 2
shall first register with the local board of health, the fee for which regis- 3
tration shall not exceed two dollars; and provided, further, that he shall 4
remove and transport the material herein mentioned in accordance with 5
such reasonable rules and regulations as may be established by the said 0
board. 7
Retention Section 32. A board of health shall retain charge, to the exclusion 1
1874. 121. § 1. of the board of public welfare, of any case arising under this chapter in 2
R. L.'75', § 15. which it has acted. 3
1931, 394, § 116.
Chap. 111.] public health. 1335
SANITARY STATIONS.
1 Section 33. In every city, and in every town having a population Construction
2 of over ten thousand, when, in the opinion of the board of health, pub- stations, etc.
3 lie necessity requires it, there shall be established and maintained by the "^ '
4 town in some convenient places, at or near the business centre, one or
5 more sanitary stations, with separate water closets for the use of each
G sex. Their number and location shall be determined by the board of
7 health.
BAKERIES.
1 Section 34. Every room used for the manufacture of flour or meal on'J.^iJ^roonia
2 food products shall, if required by the board of health, have an im- !«'«■ *l^-.^£
3 permeable floor constructed of cement or tiles laid in cement, and an
4 additional floor of wood properly saturated with linseed oil. The walls
5 and ceiling of such room shall be plastered or wainscoted, and, if re-
G quired by the boan] of health, shall be whitewashed at least once in
7 three months. The furniture and utensils therein shall be so arranged
8 that they and the floor may at all times be kept clean and in good sani-
9 tarv condition.
1 Section 3.5. The sleeping places for persons employed in a bakery sleeping places
2 shall be separate from the rooms where flour or meal food products are jlle.Vis', §5.
3 manufactured or stored.
R. L. 75, § 30.
1 Section 36. The owner, agent or lessee of any property affected 3i°"P,"o°''^f
2 bv section thirtv-four shall, within sixtv davs after service of written premises
* . . . * , . I ' 1 ' • I 1 1896, 418, § 7.
3 notice requiring any alterations to be made in such property, comply R. l. 75, § 32.
4 therewith. Such notice may be served upon such owner, agent or lessee
5 personally or by mail directed to his last known address.
1 Section 37. Except as provided in section thirty-nine, boards of fs^fg^'fig^l's.
2 health may make such further regulations as the public health may re- R-^l. 75^ § 34.
3 quire, and shall cause such regulations, together with sections thirty-four
4 to thirty-eight, inclusive, to be printed and posted in all such bakeries
5 and places of business.
1 Section 38. Whoever violates any provision of sections thirty-four Penalty for
2 to thirty-six, inclusive, or refuses to comply with any requirement of the roSrVr°e'ce°ding
3 board of health authorized therein or in the preceding section shall be i896°4T8. §6.
4 punished for a first oft'ence bj- a fine of not less than twenty nor more ^- ^- ^^' ^ ^•^•
5 than fifty dollars; for the second offence by a fine of not less than fifty
6 nor more than one hundred dollars or by imprisonment for not more
7 than ten days ; and for any subsequent offence by a fine of not less than
S two hundred and fifty dollars or by imprisonment for not more than one
9 month, or both. •
1 Section 39. The department may make rules and regulations to Rules and
2 carry out sections forty to forty-nine, inclusive. Said sections and the for bakenls.
3 rules and regulations shall be enforced by the department and by the ?Ba°k'c™™*'
4 local boards of health acting under the supervision of the department; ig2o''4i8
5 pro\'ided, that the provisions of sections forty and forty-one relating ||,ij. |jg ^
6 to the health of employees shall be enforced by the department of labor 1931:426; § 7S.
7 and industries in accordance with such rules and regulations as it may (i9i9)'27'.
1336
PUBLIC HEALTH.
[Chap. 111.
prescribe. The word "bakery", as used in sections forty to forty-eight, 8
inchisive, shall mean a building or part thereof wherein is carried on 9
the production, preparation, packing, storing, display or sale of bakery 10
products, including any separate room used for the con^•enienc•e or 11
accommodation of the workers, except that sections forty, forty-one, 12
forty-three and forty-eight shall not apply to retail stores where bakery 1.3
products are sold but not produced. 14
Construction
of bakeries.
1896, 418,
§§1,4.
R. L. 75, § 28.
1920, 418, § 3.
Section 40. E\'ery bakery shall be constructed, drained, lighted, 1
ventilated and maintained in a clean and sanitary condition, and when 2
and where necessary screened against flies, shall have plumbing and 3
drainage facilities, together with suitable wash basins, wash sinks and 4
toilets or water closets, which shall be kept in a clean and sanitary con- 5
dition. The said toilets or water closets shall he in rooms having no direct 6
connection with any room in which bakery products or ingredients are 7
prepared, stored, handled or displayed. 8
Employees'
clothing,
rooms for
hanging, etc.
1920, 418, § 4.
Section 41. In connection with every bakery suitable rooms shall 1
be provided for the changing and hanging of the wearing apparel of the 2
workers or employees, which shall be separate and apart from the work, 3
storage and sales rooms, and shall be kept in a clean and sanitary 4
condition. 5
Regulations
for sale, etc.,
of bakery
products.
1920, 418,
l§ 1.5.
Section 42. No person shall sit, lie or lounge or be permitted to sit, 1
lie or lounge upon any of the tables, shelves, boxes or other equipment 2
or accessories used in connection with the production, preparation, pack- 3
ing, storing, display or sale of bakery products. No animals or fowls 4
shall be kept in or permitted to enter any building or part thereof used 5
for such production, preparation, packing, storing, display or sale. 6
cleanliness of
employees.
1920, 418, J 6.
Section 43. Before beginning the work of preparing, mixing or 1
handling any ingredients used in the production of bakery products, 2
every person engaged in such work shall wash the hands and arms, and 3
after using toilets or water closets, every person therein engaged shall 4
wash the hands and arms thoroughly and then rinse in clean water; and 5
for this purpose the owner or operator of the bakery shall pro\ide suffi- G
cient facilities. 7
Section 44. [Repealed, 1928, 229, § 2.]
Section 45. [Repe.\led, 1928, 229, § 2.]
Changes in
bakeries.
1920, 418, §
Section 46. If, after inspection, it is found that a bakery is not
^*- constructed, maintained, operated or the distribution of its products
not conducted in accordance with .sections thirty-nine to forty-five, in-
clusive, and sections two to- six, inclusive, of chapter ninety-four, written
notice shall be given to the owner or manager, stating the delinquency,
and fixing a reasonable time within which the same shall be remedied
and for hearing any i)arty in interest.
unm bakery SECTION 47. If a bakery is unfit for the production or handling of 1
Hearmg. food or daugerous to the health of its employees, the department or local 2
1920^ 418, 5 19. board may order it closed; provided, that any person aggrieved may be 3
heard before said department or board and may also appeal before or 4
Chap. 111.] public health. 1337
5 after the execution of the order, but within thirty days after its issue, to
6 the superior court.
1 Section 48.- No new bakeries shall be established unless the building Approval of
2 plans and equijinient proposed to be used have been approved b>- the i92o!'4i8rr2i.
3 local board of iiealth. The board shall refuse a permit for such bakery '^^'' ^^^- ^ '•
4 if the building and equipment do not comply with sections thirty-nine
5 to forty-five, inclusive, and sections two to sLx, inclusive, of chapter
6 ninety-four and rules and regulations made thereunder, provided that
7 any party in interest may appeal to the department or to the superior
8 court. Said dejiartment or court may affirm, reject or modify the fiud-
9 ings of the board, anil the said board shall thereupon proceed inaccord-
10 ance with the order of the court or department.
1 Section 49. Violation of any provision of sections thirty-nine to Penalty.
2 forty-eight, inclusive, or any rule or regulation adopted thereunder shall ^^""' * '
3 be punished by a fine of not more than one hundred dollars.
DISPENSARIES.
1 Section 50. Towns may establish and maintain dental, medical foJ^'nl^fy
2 and health clinics, and in connection therewith may conduct campaigns "ifj,"*/'"^^
3 of general education relative to matters of public health. Acting through loi*. 677.
4 their respective boards of health, they may unite and co-operate for the
5 foregoing purposes and may provide for the maintenance of clinics as
6 aforesaid in one or more of the towns so uniting.
7 All appropriations made for the purposes of this section shall be ex-
8 pended under the direction of the local board of health, and clinics estab-
9 lished hereunder shall be conducted subject to such rules and regulations
10 as said board may establish.
1 Section 51. In sections fifty-two to fifty-six, inclusive, "dispen- Definition of _
2 sary" shall mean any place or establishment, not conducted for profit, igilfrnTfi'.
3 where medical or surgical advice or treatment, medicine or medical
4 apparatus, is furnished to persons not residing therein; or any place or
5 establishment, whether conducted for charitable purposes or for profit,
6 advertised, announced, conducted or maintained under the name " dis-
7 pensary" or "clinic", or other designation of like import.
1 Section 52. No person, except the regularly constituted authorities Maintenance
2 of the United States or of the commonwealth, shall establish, conduct, dispensaries
3 manage or maintain any dispensary without first obtaining a license as i9i8!''i3!,§2.
4 provided in the following section.
1 Section 53. Any person desiring to conduct a dispensary shall apply 5-,i'|fg"Yjj ^ 3
2 in writing to the department for a license. The application shall be 1919; s'so;
3 in such form as the department shall prescribe, and shall be uniform for ^^^^'
4 all schools of medicine. There shall be attached thereto a statement
5 of the applicant on oath, containing such information as may be required
6 by the department. If in its judgment the statement filed and other
7 evidence submitted in relation to the application indicate that the oper-
S ation of the proposed dispensary will be for the public benefit, a license,
9 in such form a,s it shall prescribe, shall be issued to the applicant. Li-
10 censes shall expire at the end of the year in which they are issued, but
1338
PUBLIC HEALTH.
[Chap. 111.
may be renewed annually on application as above provided. No license 11
shall be transferred except with the approval of the department. For 12
the issue or renewal of each license a fee of five dollars shall be charged, 1.3
except to incorporated charitable organizations which conduct dispen- 14
saries without charge and which report, as required by law, to the 15
department of pubhc welfare. 16
Rules and
regulations,
mis, 131, §4.
1919, 350, § 96,
Section 54. The council shall make rules and regulations, and may
revise or change them, in accordance with which dispensaries shall be
licensed and conducted, but no such rule or regulation shall specify any
particular school of medicine in accordance with which a dispensary shall
be conducted.
Inspection.
Revocation
of license.
1918, 131, § 5.
1919, 350,
§§ 96, 97.
Section 55. The commissioner and his authorized agent may ^•isit
and inspect any dispensary at any time to ascertain whether it is licensed
and conducted in compliance with sections fifty-one to fifty-sLx, inclusive,
and with the rules and regulations established under the preceding
section. After thirty days' notice to a licensed dispensary and oppor-
tunity to be heard, the department may, if in its judgment the public
interest so demands, revoke its license.
Penalties.
1918, 131,
1919, 350,
§§96,97.
§7.
Section 56. Whoever advertises, conducts, manages or maintains a
dispensary, unless it is duly licensed under section fifty-three, and who-
ever wilfully violates any rule or regulation made under section fifty-
four, shall be punished by a fine of not less than ten nor more than one
hundred dollars. A separate and distinct oft'ence shall be deemed to
have been committed on every day during which the violation continues
after written notice thereof by the department to the authorities of the
dispensary concerned. The commissioner shall report to the attorney
general any violation of sections fifty-one to fifty-six, inclusive.
Establishment
and mainte-
nance of tuber-
culosis dis-
pensaries.
Penalty.
1911, 576.
1914, 408.
1924, 256.
Section 57. Every city having a population of fifty thousand or
more, as determined by the last national census, shall establish and main-
tain within its limits a dispensary for the discovery, treatment and
super\'ision of needy persons resident within its limits and afflicted with
tuljerculosis, unless there already exists in such city a dispensary satis-
factory to the department. Every city having a population of less than
fifty thousand, as determined as aforesaid, and every town may, and at
the request of the department shall, establish and maintain a similar
dispensary. Such dispensaries shall be subject to the regulation of the
boards of health of the cities and towns where they are respectively
situated, and shall be insj^ected by and be satisfactory to the tlepart- 1 1
ment. A city or town which, upon the request of the department, refuses 12
or neglects to comply with the provisions hereof shall forfeit not more I'A
than five hundred dollars. 1-1
,s
it
10
Definition.
1919, 195,
§§ 1,7.
DAY NURSERIES.
Section 58. In sections fifty-eight to sixty-two, inclusive, "day
nursery" shall mean any institution, establishment or place not con-
ducted by the commonwealth or any town in which are commonly
recei\-ed, with or without charge, at one time, three or more children
not of common parentage, under the age of fourteen, for periods exceed-
rriAI>. in.] PUBLIC HEALTH. 1339
() ins four hut not exceeding twelve hours, for the purpose of nursing and
7 care apart from their parents or guardians.
1 Section 59. No person shall conduct a day nursery without obtain- Licenses.
2 ing a license from the l)oarcl of health. An application therefor sliall he ^^^^' ^®^' ^ ^'
3 in a form prescribed by the said board, and shall be uniform for all day
4 nurseries within the board's jurisdiction. There shall be attached to the
5 application a statement, sworn to by the applicant, or by an officer
(5 thereof duly authorized thereto, containing such information as may be
7 required by the board. If in the judgment of the said board the said
S statement or any other evidence submitted in relation to the applica-
9 tion indicates that the operation of the proposed day nursery will be for
10 the public benefit and welfare, a license, in such form as the board may
11 prescribe, shall be issued to the applicant. All licenses shall expire at
12 the end of the year in which they are issued, but may be renewed annually
]'■] on application as above provided. No license shall be transferred except
14 with the appro^-al of the said board. For the issue or renewal of each
1") license a fee of one dollar shall be charged. All fees shall be paid to the
16 town where the nursery is situated.
1 Section 60. Boards of health shall make rules and regulations, and regufaSns.
2 may revise or change them, in accordance with which day nurseries shall ^^^^- ^^^' ^ ^■
3 be licensed and conducted; and failure to comply with any such rule
4 or regulation shall be sufficient cause for revocation of the license in the
5 manner provided in the following section.
1 Section 61. Boards of health bv their authorized agents mav visit inspection.
, . , ' . .,,.*.,. Revocation
2 and inspect any day nursery at any time to ascertain whether it is h- of license.
3 censed and conducted in compliance with law and with the rules and
4 regulations made under the preceding section. Every day nursery shall
5 so be visited and inspected at least once in each year. After thirty days'
6 notice to a licensed day nursery and opportunity to be heard, the board
7 of health may, if in its judgment the public interest so demands, revoke
8 its license. Every day nursery shall furnish to the said board such re-
9 porta, information and other data as it may require.
1 Section 62. Whoever establishes, conducts, manages or maintains a Penalties.
2 day nursery without first obtaining a license therefor, or after the revo- '
3 cation of the license, or in violation of any provision of sections fifty-eight
4 to sixty-two,, inclusive, or of any rule or regulation made under section
5 sixty shall be punished by a fine of not less than ten nor more than two
6 hunflred dollars. If any person conducting a day nursery shall be found
7 guilty of a violation of any provision of sections fifty-eight to sixty-two,
S inclusive, or of any rule or regulation, in any particular relating to the
9 safety of or the accommodations for the children, the board of health
10 shall issue an order directing that such nursery be closed, and remain
1 1 closed until such provision, rule or regulation has been complied with.
children's health camps.
1 Section 62A. In each city and town which accepts this and the six Establishment
2 following sections, in a city by vote of its city council subject to the pro- dti^es alid
3 visions of its charter, or in a town by vote of its inhabitants, there shall, 1924,^248, § 2.
4 except as provided by section sixty-two F, be established, without un-
1340
PUBLIC HEALTH.
[Chap. 111.
reasonable delay, one or more children's health camps for the care and 5
treatment of children of school age in said city or town who upon exami- 6
nation are found to be in need of such care and treatment, but no child 7
shall be given care or medical treatment whose parent or guardian objects 8
thereto. 9
Commission
on children's
health camps.
1924, 24S, § 2.
Powers and
duties of
commission.
1924, 24S, § 2.
Section 62B. In each such city and town there shall be an unpaid 1
commission, called the commission on children's health camps, to consist 2
of the mayor or chairman of the board of selectmen, who shall have no 3
vote, the superintendent of schools, the members of the board of health, 4
all to serve ex oflficiis, and also seven residents of such city or town to be 5
appointed by the mayor or the chairman of the board of selectmen. One 6
member of said board shall be designated as chairman by the mayor or 7
the chairman of the board of selectmen. Of the seven persons first ap- 8
pointed after such acceptance, two shall be appointed for terms of one 9
year each, two for terms of two years each, anil three for terms of three 10
years each, and thereafter as the term of each member expires his sue- 11
cessor shall be appointed for the term of three years. Each appointment 12
made to fill a vacancy in said commission shall be for the balance of the 13
unexpired term. 14
Section 020. Said commission shall establish, maintain and have 1
control of all children's health camps for the purposes named in section 2
sixty-two A, and in addition shall have the management of all sums 3
appropriated by the city or town for the maintenance of such children's 4
health camps. Said commission may recei\-e in trust for the aforesaid 5
purposes any gift or bequest of money or securities and shall forthwith 6
transfer any money or securities so received to the city or town treasurer, 7
who shall administer the same as provided by the following section. 8
City, etc.,
treasurer to
invest, etc.,
money, etc.,
received from
commission.
Bond.
1924, 248, § 2.
Records,
annual report,
etc.
1924, 248, 5 2.
Section (32D. The city or town treasurer shall invest, reinvest and 1
hold in the name of said commission any money or securities, or the pro- 2
ceeds thereof, received from said commission under the preceding section, 3
and shall disburse the income or principal thereof on its order; provided, 4
that no disposition of either income or principal shall be made which is 5
inconsistent with the terms of the trust on which the property is held. 6
The treasurer shall furnish a bond satisfactory to the commission for the 7
faithful performance of his duties relative to such property. S
Section 62E. The commission shall keep a record of its doings 1
and at the close of each financial year shall make a rejjort to the city 2
or town, showing the total amount of such funds and other receipts, 3
together with investments, receipts and disbursements on account 4
of the same, setting forth in detail the sources of the receipts and the 5
purposes of the expenditures. 6
Union chil-
dren's health
camp districts.
1924, 248, § 2.
Section 62F. Any two or more such cities or towns may vote to 1
form, for such period of time not exceeding five years as such cities or 2
towns may from time to time determine, a union children's health 3
camp district for the purpose of establishing therein one or more union 4
children's health camps. The management of such union children's 5
health camps in such district shall be vested in an unpaid commis- 6
sion, called the commission on union children's health camps, to con- 7
sist of the following persons from each of the cities or towns constituting S
Chap. 111.] public health. 1341
9 such union, namely, the mayor or chairman of the l)oar(l of select-
10 men, who shall have no vote, the superintendent of schools, the mera-
11 bers of the board of health, all to serve, ex officiis, and also not ex-
12 ceeding ten members, residents of the cities and towns comprising the
i:> district, to be elected by the ex officiis members of the commission
14 for terms commensurate with the duration of the agreement forming or
15 continuing the union. The term of each person elected to fill a va-
1(3 cancy among the members not ser\ing ex officiis shall be for the balance
17 of the unexpired term. The treasurer of said commission shall be the'
IS treasurer for the time being of such city or town within the district as
19 is determined by the members of the commission. The provisions of
20 sections sixty-two C to sLxty-two E, inclusive, so far as applicable, shall
21 apply to such commission.
1 Section 62G. No children's health camp shall be established under Approval of
2 section sixty-two C or sixty-two F unless the locatron and construe- requii-'eT"'
3 tion plans of such camp have been approved by the department, which {JJil! 2i8?§ 2.
4 may inspect any camp at any time.
1 Section 62H. A contract for the care and treatment of children Certain con-
2 coming within the pro\isions of section sixty-two A, entered into by clre.^etc"^, of
3 the commission on children's health camps of a city or town which deemed com™
4 accepts or has accepted sections sixty-two A to sixty-two G, inclusive, ^5 fi2A-62G.
5 or by a commission on union children's health camps established or i^^o, 17, § 2.
6 to be established under section sixty-two F, with the persons ha\-ing
7 control of any institution approved by the department in or near said
8 city or town, shall, while such contract remains in force and effective,
9 be deemed satisfactory compliance on the part of such city or town or
10 union with the provisions of said sections sixty-two A to sixty-two G,
11 inclusive, relative to the establishment and maintenance of children's
12 health camps. No such contract shall become effective until it has
13 been approved by the department.
STATE SANATORIA.
1 Section 63. The commissioner shall have general supervision sanatorm,
2 and control of the sanatoria at Rutland, North Reading, Lakeville
3 and Westfield, and shall see that the affairs of such institutions are JlgslMs"! 5.
4 conducted according to law, and to the by-laws and regulations estab- J^gg^ ss^ § i-
5 lished by the council in respect thereto. He may also establish out- »&. 9._u.
6 patient departments, and may disseminate information as to the best §§96.97'
_ ^ , . r , . .1 ', • 1924, 47/, §3.
dutieaof
commissioner
/
methods of combating tuberculosis.
1 Section 64. The commissioner shall annually cause to be made an Annual
2 accurate in\'entory of the stock and supplies on hand and the amount isal, i63,' § 2.
3 and value thereof at the end of the fiscal year at each sanatorium under r*^s.' 48°'§ 5^'
4 the department; shall make a full and detailed annual report of the con- }|?^; {^ 5 2.
5 dition of each such sanatorium, and all its affairs, with a copy of the in- f^^^^; ^ ''•
6 ventory required herein; shall receive and audit the annual report of the p^s^ 79, § 7;
7 treasurer of each sanatorium and deposit the same, with said annual isi^.i^o.
8 report, with the state secretary.
1895, 503, §§ 5. 10. 1905, 211. § 11. 1911.154
R. L. 84, § 7; 87. § 29; 1907, 474. § 6. 1919, 350. §§ 96, 97.
88, §§ 4, 8.
§ 18.
1342
PUBLIC HEALTH.
[Chap. 111.
Admissions
to the Rutland
state sana-
torium.
1907. 222.
1912, 468.
1919, 350,
§§ 96, 97.
Section 65. Unless the commissioner considers that an exception 1
should be made, citizens of the commonwealth shall be given preference 2
in the admission of persons to the Rutland state sanatorium, and no 3
person shall be admitted thereto who has not been a resident of the com- 4
monwealth for at least sLx months preceding the date of his application 5
for admission. 6
Treatment
of extra-
pulmonary
tuberculosis
at Lakeville
state sana-
torium.
1924, 508, § 1.
Section 65A. The department may admit to the Lakeville state
sanatorium persons suffering from extra-pulmonary tuberculosis; pro-
vided, that no person shall be admitted who has not been a resident of
the commonwealth for at least twelve months preceding the date of his
application for admission, and that preference shall be given to citizens
of the commonwealth.
Charges for
support of
inmates of
state sanatoria.
Exceptions.
Certain state-
ments as
evidence.
1895, 503, § 9.
R. L. 88, § 7.
1907, 474, § 10.
1909, 378.
1911, 396.
1912, 17.
1919, 350,
§§ 96, 97.
1924,460, § 1;
500, § 3.
1927, 139.
227 Mass. 88.
237 Mass. 359.
255 Mass. 499.
Op. A. G.
(1920) 102.
Section 6G. The charges for the support of each inmate in a state
sanatorium shall be seven dollars a week, and shall be paid quarterly.
Such charges for those not having known settlements in the common-
wealth shall be paid by it, and may afterward be recovered by the
state treasurer of the inmates, if they are able to pay, or of any person
or kindred bound by law to maintain them, or of the place of their
settlement subsequently ascertained ; but for those having knoMm settle-
ments in the commonwealth, the charges shall be paid either by the
persons bound to pay them or by the to'mi where such inmates had
their settlement, unless security to the satisfaction of the commissioner
is given for their support. If any person or town refuses or neglects to
pay such charges the state treasurer may reco\er the same to the use of
the sanatorium. A town which pays the charges for the support of an
inmate of a state sanatorium shall have like rights and remedies to
reco\'er the amount thereof, with interest and costs, from the town of
his settlement or from such person of sufficient ability, or from any
person bound by law to maintain him, as if such charges had been
incurred in the ordinary support of such inmate. If in any case the
charges, as established by this section, for the support of an adult in-
mate are not paid in accordance with this section by the inmate or by
the persons bound to pay them and a town becomes liable to pay them,
such town shall be liable to pay such sum, in addition to such charges,
as shall be fixed by the department, but the total amount including
such charges shall not be less than the cost to the commonwealth for
the support of such adult inmate. In such a case, the provisions of
this section relative to the recovery of charges by the state treasurer,
and by a town from the town of settlement, shall apply to the recovery
of such total amount. This section shall not apply to patients received
under any contract made under authority of section seventy-nine. In
all proceedings under this section, the sworn written statement of a
person that he is the superintendent of a state sanatorium or that he
keeps or has custody of records of accounts of inmates thereof, and
that a certain person has been an inmate therein during a certain period
at a certain charge and that no satisfactory security was given shall be
prima facie evidence of the said facts.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Trust funds
for sanatoria.
1895, 503, § 3.
R. L. 88, § 3.
1907, 474, 5 4. to
1919, 350, § 96. , ,. 1 • 1 .
by the trustees or hospitals tor consumptnes
Section 67. The department may take and hold in trust gifts or be- 1
quests for the use of any sanatorium under its charge, and shall succeed 2
md retain the riglits, powers and duties formerly held or acquired 3
4
Chap. 111.) public health. 1343
1 Section 68. [Repealed, 1924, 477, § 4.]
1 Section 69. [Repealed, 1931, 426, § 14.]
PONDVILLE hospital.
1 Section 69A. Upon written application of a registered physician, Admissions
2 the department may admit as a patient to the Pondville hospital, for \Z !.!in''cc'?.™'
3 treatment for cancer, subject to siicii rules and regulations as the de- Jy^J' Hq
4 partment may prescribe, any person residing in the commonwealth for
5 at least two years within the period of three years immediately prior to
6 the date of such application. Any such patient may be discharged from
7 said hospital either ujjon his own request or upon determination of the
8 department, but not otherwise.
1 Section 69B. Notice of the admission of each such patient shall be Notice of
2 given within thirty days by the dejiartment to the board of public wel- igJr'.^l'a™'
3 fare of the town whence he is admitted. The department shall ascertain i^^s. 336.
4 whether or not each such patient has a legal settlement in any town in
5 the commonwealth. If he has such a settlement, the department shall
6 also send written notice of his admission as aforesaid to the board of
7 public welfare of such town. Such notice shall be sent within thirty
8 days after the date of such admission, if his settlement was then known
9 to the department; otherwise within thirty days after his settlement is
10 ascertained by the department.
1 Section 69C. The charges for the support of the patients at said ^^"^^^ '"'
2 hospital shall be at a rate determined from time to time by the depart- Recovery.
3 ment and shall be payable at least quarterly. The commissioner may mentsas
4 accept security satisfactory to him for the payment of such charges for i927\"236.
5 any period of time. Such charges for those not having known settle- ^^"^' ^^^'
6 ments in the commonwealth shall l)e borne by it, and may afterwards
7 be recovered by the state treasurer of the patients, if they are able to
8 pay, or of any person or kindred bound by law to maintain them, or of
9 the place of their settlement subsequently ascertained; but recovery of
10 such charges for any such patient having a known settlement in the
11 commonwealth may be had, at the election of the department, either
12 from the person or persons bound to pay them or from the town where
13 such patient had his settlement, unless security to the satisfaction of the
14 commissioner is given for his support. Any suit to recover such charges
15 shall be brought by the state treasurer to the use of the hospital. The
16 attorney general and district attorneys shall upon request bring action
17 to recover said charges in the name of the state treasurer. A town
18 which pays the charges or any other sum for the support of a patient at
19 the hospital shall have like rights and remedies to recover the amount
20 thereof, with interest and costs, from the town of his settlement or from
21 such person of sufficient ability, or from any person bound by law to
22 maintain him, as if such charges had been incurred in the ordinary
23 support of such patient. In any case where the department elects to
24 recover the charges, as established by this section, for the support of a
25 patient, from a town of settlement, such town shall be liable to pay such
26 sum, not exceeding the cost to the commonwealth, as may be deter-
27 mined by the department. Sums paid as aforesaid by the commonwealth
28 or by any town shall not be deemed to have been paid as state aid or
29 public relief, and no person shall be deemed to be in receipt of public
1344
PUBLIC HEALTH.
[Chap. 111.
relief because of his inability to pay for his support in said hospital, but .30
while receiving such support he shall not acquire or lose, or be in the 31
process of acquiring or losing, a settlement. In all proceedings under 32
this section, the sworn written statement of a person that he is the 33
superintendent of said hospital or that he keeps or has custody of records 34
relating to inmates thereof, and that a certain person has been a duly 35
admitted patient therein during a certain period at a certain charge, 36
and that said charge has not been paid in whole or in part, and the 37
sworn written statement of the commissioner or of a member of the de- 38
partment that notice of admission of a certain person was given upon 39
a certain date to the board of public welfare of the place of settlement 40
of said person known to or ascertained by said department, that said 41
date was within thirty daVs after the place of settlement became known 42
to or was ascertained by the department, that the charges for support 43
of such person were determined pursuant to the provisions of this sec- 44
tion, and that no satisfactory security was given for his support, .shall 45
be prima facie evidence of the said facts. 46
Cause of
action deemed
to have ac-
crued, when.
1927, 236.
1928, 336.
Section 69D. In an action for the recovery of charges against a 1
patient or person or kindred or place of settlement known at time of 2
admission the cause of action shall be deemed to have accrued upon 3
the last day of the period for which such charges are made. In an action 4
against a place of settlement subsequently ascertained the cause of ac- 5
tion shall be deemed to have accrued on the date of sending the notice 6
under section sixty-nine B to said place. In an action by any town for 7
recovery of a payment made by it under section sixty-nine C the cause 8
of action shall be deemed to have accrued on the date of such payment. 9
Certain hos-
pitals to keep
records of cases.
Inspection,
copies.
1905, 330,
§§ 1, 2.
1908, 269.
1912, 442,
§§1,2.
1923, 337.
1926, 149.
202 Mass. 359.
225 Mass. 521.
234 Mass. 480.
261 Mass. 40.
270 Mass. 189.
HOSPITALS.
Section 70. Hospitals supported in wliole or in part by contri- 1
butions from the commonwealth or from any town, incorporated hospi- 2
tals offering treatment to patients free of charge, and incorporated 3
hospitals conducted as public charities shall keep records of the treat- 4
ment of the cases under their care and the medical history of the same. 5
Such records and similar records kept prior to April twenty-fifth, nine- 0
teen hundred and five, shall be in the custody of the person in charge 7
of the hospital. Section ten of chapter sixty-six shall not apply to such S
records; provided, that upon proper judicial order, whether in con- 9
nection with pending judicial proceedings or otherwise, or, except in the 10
case of records of hospitals under the control of the department of men- 1 1
tal diseases, upon order of the head of the state department having 12
supervision of such hospital, and in compliance with the terms of said 13
order, such records may be inspected and copies fiu-nished on payment 14
of a reasonable fee. . 15
Maternity
hospitals.
Licensing.
1867, 1.57,
5§ 1,2.
P, S. 80,
§§ 56. ->1.
H, L. 75, § 62.
1910, 509.
lUll. 264.
1919, 350, S 87.
1931,213, § 1.
Section 71. The department of public welfare may issue a license,
subject to revocation by it, to any person whom it deems suitable and
responsible to establish or keep for two years a maternity hospital,
hospital ward or other place for the reception, care and treatment of
women during pregnancy, deli\-ery, or while reco\ering from deiixery, if
the local board of health shall first certify to said department that, from
its inspection and examination of such hospital, hospital ward or other
place aforesaid, the same is suitable therefor.
Chap. 111.] public health. 1345
1 Section 72. The department of public welfare shall have super- same subject.
2 vision of all such hospitals, hospital wards or other places, may make in"pcrtion.
3 necessary rules for their regulation, and may visit and inspect the same. R's.io.^§ si'
4 The said hospitals, hospital wards and other places shall also be sub- {^^'^j'; If-'^^-
5 iect to visitation and inspection at any time by the head of the police ;»jo. 5«9 , „,
6 department, or his authorized agent, or the board or health bt a city,
7 or by the chief of police, selectmen or the board of health of a town,
8 and, if during the year it receives more than six patients, by the de-
9 partment of public health.
1 Section 73. Whoever establishes or keeps or is concerned in estab- same subject.
2 lishing or keeping a maternity hospital, hospital ward or other place uSnsed"'"
3 for the purpose mentioned in section seventy-one or is engaged in any penalised.
4 such business without such license, shall for a first offence be punished p^'s'^o.^'^lg'
5 by a fine of not more than five hundred dollars, and for a subsequent fgjj; slg^*^*'
G offence by imprisonment for not more than two years. losi! 213, § 2.
1 Section 74. Any town not maintaining or managing a hospital may Certain towns
2 annually appropriate a sum not exceeding five hundred dollars, to be priatemoney
3 paid to a hospital established in such town or in the vicinity thereof, hospltSufo"
4 for the establishment and maintenance of a free bed in the hospital etc.'ofTenTin
5 for the care and treatment of persons certified by the selectmen to be \'|™"44
6 residents of the town and unable to pay for such care and treatment.
7 This section shall not apply to cities.
1 Section 7.5. Whoever occupies or uses a building for a hospital in Unlawful use
2 a part of a town prohibited by the aldermen or selectmen shall forfeit for hospUafs
3 not more than fift,\ dollars for every month of such occupancy or use and isTo.'loe'.
4 in like proportion for a shorter time. The supreme judicial or superior r l.^y's^^^ss.
5 court may restrain such occupancy or use. i^^^' ^^^' ^ ^■
1 Section 76. Every town placing its patients suffering from tubercu- cities and
2 losis in a county, municipal or incorporated tuberculosis hospital in the subsidies for
3 commonwealth, or in a building or ward set apart for such patients by sumpUve""'
4 a county, municipal or incorporated hospital therein, shall be entitled igl'f".^?, § 1.
5 to receive from the commonwealth a subsidy of five dollars a week for J^J^' f^'!\l^;
6 each patient who has a legal settlement therein, provided that such pa- J9j^. ||o- g^
7 tient is unable to pay for his support, and that his kindred bound by 1920'. 238', § 1.
8 law to maintain him are unable to pay for the same; but a town shall
9 not become entitled to this subsidy unless, upon examination authorized
10 by the department, the sputum of such patient be found to contain
11 bacilli of tuberculosis, nor unless the hospital building or ward be ap-
12 proved by it, and it shall not give such approval unless it has by authority
13 of law, or by permission of the hcspital, full authority to inspect the
14 same at all times. The department may at any time withdraw its
15 approval. In the case of hospitals having a bed capacity which, in the
16 opinion of the department, is in excess of the number of beds needed
17 for the localities which these institutions serve for patients exhibiting
IS tubercle bacilli in their sputum, the subsidy above provided shall be
19 allowed for such patients not exhibiting tubercle bacilli in their sputum
20 as, in the joint opinion of the superintendent or medical director of the
21 institution and of a member of the department designated by the com-
22 missioner, are bona fide cases of pulmonary tuberculosis and have been
23 in the institution more than thirty days.
1346
PUBLIC HEALTH.
[Ch.\p. 111.
ofcSmf Section 77. The department shall certify, in the case of each hos-
1911. 597, 1 2. pital, building or ward approved by it, as provided in the preceding sec-
1919! 35o! § 96. tion, the number of patients for whom the town is entitled to the subsidy,
§§2,' 3. ' and upon such certification the subsidy shall be paid by the common-
wealth. No claim shall be allowed for a subsidy covering more than
ten days prior to the date when notice of the claim is received by the
department.
Counties to
Erovide
ospital care
for certain
persons suf-
fering from
tuberculosis.
1916, 286,
l§ 1, 15.
1918, 187, I 1.
1919,32, § 1.
1920, 532, § 1.
1924.443; 500
501, § 1.
Contracts for
supplying
hospital
facilities for
consumptives.
1916, 2S6, § 2.
1917, 251, § 1.
1918, 187, § 2.
1919, 32. § 1;
3R0. § 96.
1924, 443;
500, § 1;501.
Op. A. G.
(1920) 192.
Section 78. The county commissioners of each county in the com-
monwealth shall before September first, nineteen hundred and twenty-
fi-\'e, provide, as required by sections seventy-eight to ninety, inclusi^-e,
adequate hospital care for all persons residing in towns having less than
one hundred thousand population as determined by the last national
census, within the boundaries of their respective counties and suffering
from tuberculosis, who need such hospital care and for whom adequate
hospital provision does not already exist.
Section 79. A contract, entered into before September first, nine-
teen hundred and twenty-five, and approved by the department after
a petition made to it and a public hearing thereon, between the county
commissioners of any two or more counties for the express purpose of
supplying within a reasonable time, as pro^•ided in the conditions of
approval of the department, and guaranteeing adequate hospital pro-
vision for tubercular patients coming under section seventy-eight,
shall be deemed satisfactory compliance with said section for such
counties or sections of counties as are designated in the contract; and
such contracts shall, subject to the approval of the department, be
renewable upon terms satisfactory to the contracting parties; pro-
vided, that the term of any such contract entered into by the county
commissioners of the counties of Hampshire, Hampden, Berkshire or
Franklin shall be not less than fi\'e nor more than ten years and that the
term of any such contract entered into by the county commissioners
of any other county shall not exceed three years; and provided, further,
that if such contracts are not renewed and approved by the depart-
ment at least six months before they expire, or if the contracts are
renewed and the department shall refuse approval on the ground that
by reason of changed circumstances the contract will be inadequate
properly to protect the public health of the communities affected by
it, and the contracting parties fail, within three months before the
time when the pre\ious contract expires, to agree to a renewal of the
contract upon terms appro\-ed by the said department, the duties and
obligations relative to supplying adequate hospital care for such coun-
ties or sections of counties imposed upon county commissioners by
sections seventy-eight to ninety, inclusive, shall be in full force and
effect. Tiie county commissioners of any county may in like manner
and subject to the foregoing jiroNisions relative to renewal contract
with the department, for a term of not more than three years, for
suitable hospital pro\-ision at not less than the actual cost to the com-
monwealth for tubercular jiatients from such county at any state
sanatorium designated by the department, except that no such con-
tract shall require or permit tlie treatment of an adult at the Westfield
state sanatorium; and no such contract shall be made by the depart-
ment unless in its opinion suitable accommodations can be furnished
at such sanatorium for the treatment and care of such patients vvith-
2
o
4
5
()
7
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
25
26
27
2S
29
30
31
32
33
34
35
36
37
Chap. 111.] public health. 1347
38 out interfering with other functions of such sanatorium. Any such
39 contract witli the department siiall be deemed satisfactory compliance
40 with section seventy-eight.
1 Section 80. "Adequate" hospital provision for tubercular patients " Adequate"
2 witliin the meaning of sections seventy-eight to ninety-one, inclusive, vis'ion'."!em'r
3 shall be held to mean at least one such hospital bed for each four deaths ]9Hi,''286. § 3
4 from tuberculosis in the district ser\-ed by such hospitals, as deter- 350'' .;^|e ^
5 mined by computing the average number of deaths from tuberculosis ggo^'jjf?'
6 per annum for the years nineteen hundred and sixteen to nineteen
7 hundred and twenty, inclusive, in the communities served by such
8 hospitals, and by a similar quinquennial computation by the department
9 thereafter.
2;
1 Section SI. Except as otherwise provided in sections seventy-eight County com-
2 to ninety, inclusive, or unless a contract has been entered into under "JS'™" or"
3 section seventy-nine and approved by the department or made with Exeep'ti'ons"''''
4 said department, county commissioners shall, subject to the approval fm'^'^Tse', § 5.
5 of the department, erect one or more tuberculosis hospitals within their }^}^' ^9^- , gg
6 respective counties. No new tuberculosis hospital shall be erected s^o^'s^-'^io
7 under sections seventy-eight to ninety, inclusive, having a total capac- op'a. g.
8 ity of less than fifty beds; pro\-ided, that in the county of Berkshire,
9 a hospital may be constructed having a capacity of as many less
10 than fifty beds as the department shall approve.
1 Section 82. County commissioners shall, in carrying out sections To borrow
2 seventy-eight to ninety, inclusive, raise and expend such sums of money i9°i6!^2'86','^§ 6.
3 for acquiring land and constructing and equipping hospitals, and for I920,' I?; 336.
4 the purchase, alteration and enlargement of existing buildings, and Jg?! flf | J-
5 for all other purposes, except for care, maintenance and repair as pro- 1924! 443-
6 vided in section eighty-five A, as may be authorized by the general
7 court. They may borrow, on the credit of the county, when so au-
8 thorized by the general court, the said sums, and issue notes of the
9 county therefor, with such interest as may be fixed under section thirty-
10 nine of chapter thirty-five, payable semi-annually, or without interest,
11 in which case they may sell such notes at such discount as they deem
12 proper. The notes shall be signed by the county treasurer and counter-
13 signed by the county commissioners. The county may sell the said
14 securities, at public or private sale, on terms and conditions deemed
15 proper, but the proceeds shall be used only for the purposes for which
16 such securities are issued. Said notes may be renewed from time to
17 time without specific authorization from the general court until all
18 the towns liable have paid to the county treasurer the amounts as-
19 sessed under section eighty-three. Any amount of interest paid or due
20 on said notes and renewals thereof may be similarly borrowed. All
21 reimbursement from towns under said section eight.y-three shall be
22 applied to the pajmient of temporary debt incurred under this section.
1 Section 83. When the hospital is completed and equipped, the To apportion
2 county commissioners shall determine the cost of the same, together and tow" s?etc.
3 with the interest paid or due on the bonds or notes issued therefor, and {924] 443'; ^ ^'
4 shall apportion the same to the several towns liable, in accordance with Ijo'j^fagg 26L
5 their ^•aluation used in assessing county taxes. And each town liable to
6 contribute to the construction and equipment of said hospital shall pay
1348
PUBLIC HEALTH.
[Chap. 111.
its proportion of said expenses into the county treasury in such manner 7
and in such instalments as the county commissioners by special order 8
shall direct; and if any town shall neglect or refuse to pay its proportion 9
as required by said order, the county commissioners shall, after notice 10
to the town and unless sufficient cause is shown to the contrary, issue 11
a warrant against it for the sum which it was ordered to pay, with in- 12
terest, and the costs of the notice and warrant; and the same shall be 1.3
collected and paid into the county treasury, to be applied in payment 14
of the expenses aforesaid. 15
Section 84. [Repealed, 1931, 426, § 218.] 1
Section 85. The county shall provide for the care, maintenance and
Apportionment
of maintenance
of hospitals and repair of said hospital, which shall, for the purposes of this section and
preventoria, ., , ,
1916, 286, § 9. section eighty-five A, include the care, maintenance and repair of any
1917, 251, § 2 a J > t J
1923, 113, I 2,
1924, 443;
500; 601.
1927, 73, S 2.
1928, 354, § 2.
1931, 36, § 2.
250 Mass. 261.
1
2
3
4
5
6
7
8
9
10
11
preventorium erected by said county in accordance with section eighty
five B and also the cost of its construction and original equipment except
when the cost of its construction, original equipment, care, maintenance
or repair is provided under said section eighty-five B to be paid from
appropriations, and shall for said purposes include the establishment and
maintenance of out-patient departments and the furnishing of supple-
mentary diagnostic service under section eighty-five C. The county
commissioners shall annually in January apportion the cost thereof,
including interest paid or due on temporary notes issued therefor, for the 12
previous year to the towns liable, in the same proportion in which the cost 13
of the construction was assessed, and shall issue their warrant against 14
the towns for the amount or percentage for which they are severally 15
assessed to pay for the maintenance, care and repair of said hospital. The 16
county may, thirty days after a written demand for payment, recover in 17
contract against any town liable to pay any part of the cost of construe- 18
tion, maintenance or repair of said hospital the amount for which it may 19
be liable. County commissioners of counties whose patients are cared for 20
by contract under section seventy-nine may raise and expend the sums 21
necessary to carry out the provisions thereof, and may borrow the same 22
on the credit of the comity, and issue therefor notes of the county, payable, 23
in not more than eighteen months from their respective dates of issue, 24
from the reimbursements received from the said towns. They shall 25
annually in January determine the total amount already expended by or 26
due from the county under such contracts during the previous year, and 27
shall apportion the same to and may collect the same from the se\'eral 28
towns liable, in like manner as the cost of construction and equipment of 29
hospitals is apportioned under section eighty-three, and the same shall 30
be applied to the payment of the temporary debt incurred by said 31
counties. 32
Temporary
loans for
care, etc.,
of hospitals.
1923, 113, § :
1924, 443;
500; 501.
1930, 400, § •
1931, 301,
5 17A.
Section 85A. To provide such funds as may be necessary to meet the 1
cost of the care, maintenance and repair of a county tuberculosis hospital 2
in compliance with .section eighty-five, the county commissioners may in 3
any year borrow money on the credit of the county by temjiorary loans 4
without specific authorization by tlie general court, and for such purposes, 5
the county treasurer may, with the approval of the county commissioners, 6
issue notes of the county therefor, maturing in not more than twelve 7
months from their dates, and may from time to time renew the same, 8
Chap. 111.] public health. 1349
9 until all the towns liable to assessment under said section eighty-five
10 have paid to the county treasurer the sums so assessed against them for
1 1 the aforesaid cost for said year. Receipts of said hospital shall be paid
12 to the county treasurer at such times as the county commissioners may
1.3 determine. Receipts of said hospital for said year and pajTuents to the
14 county of the assessments made under section eighty-five to meet the
15 aforesaid cost for said year shall be applied to the payment of such tem-
16 porary loans.
1 Section 85B. The county commissioners of any county having a Preventoria
2 tuberculosis hospital established under sections seventy-eight to ninety, igh'. 354, § i.
3 inclusive, may provide, with the approval of the department, proper and
4 necessary buildings and other equipment for a preventorium for the treat-
5 ment of children predisposed or susceptible to tuberculosis, at a cost not
6 to exceed three thousand dollars in any calendar year and any sum so
7 expended, unless provided to be paid from sums appropriated therefor as
8 hereinafter provided, shall be included in the cost of the care, maintenance
9 and repair of said hospital as provided in section eighty-five. The county
10 commissioners of any county may provide for the construction of such a
11 preventorium and/or for its care, maintenance and repair, out of sums
12 appropriated therefor; provided, that not more than three thousand
13 dollars shall be so appropriated in any one calendar year. The county
14 commissioners of any county not having a tuberculosis hospital estab-
15 lished as aforesaid may contract with a privately controlled preventorium,
16 approved by the department, for the care and treatment of children in
17 such county predisposed or susceptible to tuberculosis whose parents or
18 guardians are unable to support or care for them, at a cost to the county
19 of such sum as may be appropriated therefor, not exceeding three thou-
20 sand dollars in any one calendar year; provided, that not more than the
21 ordinary and reasonable compensation for care or support actually ren-
22 dered or furnished by it shall be paid by the county under any such con-
23 tract. At any time when the cost of the care, maintenance and repair
24 of a preventorium is provided to be paid from an appropriation, said
25 preventorium shall be available for the treatment of children as aforesaid
26 throughout the county. No such child shall be admitted to a preven-
27 torium, whether publicly or privately controlled, except with the approval
28 of the county commissioners.
1 Section S5C. The county commissioners of each county, in making Diagnostic
2 adequate hospital provision for tubercular patients, as required by sec- ?especVt°o tu-
3 tions seventy-eight to ninety-one, inclusive, may provide such adequate igsl'fsrs'i.*''
4 out-patient departments as they deem proper to afford to persons entitled
5 thereto diagnostic service in respect to tuberculosis and to furnish advice
6 as to their care and treatment, and the county commissioners of any
7 county may, on request of the board of health of a town in their tubercu-
8 losis hospital district, supplement local facilities in such town in furnish-
9 ing such diagnostic service.
•
1 Section 86. Subject to section eighty-two, county commissioners cpunty com-
2 may purchase, lease, or take by eminent domain under chapter seventy- ukeTand!
3 nine, such land, not exceeding five hundred acres, as they may deem neces- Jg22; 393! § 2. '
4 sary or convenient for the purposes set forth in sections seventy-eight to l^f^^^^-
5 ninety, inclusive.
1350
PUBLIC HEALTH.
[Chap. 111.
S?s"?oners"o'be SECTION 87. Countv Commissioners shall be trustees of the hospitals
5n'!c''Slv'''sn erected under sections seventv-eie;ht to ninety, inclusive, shall make
lylb. JSb, 9 11. . . . , . ■ ^ 'i 1 II
1919. 350, § 96. suitable regulations ror their government, and shall appoint supenn-
500; '501.' tendents and other officers and employees necessary for the proper
conduct thereof. The superintendents and other physicians employed
shall be appointed subject to the approval of the department.
500; 501.
254 Mass. 232,
t^tient°Ht Section 88. Patients shall be admitted to the said hospitals through 1
citie^and''^ application by the boards of health of the towns served by the hospitals. 2
i9T6*286°'5 12 ^^^^ charges for the support of patients shall be based on the actual .3
1919] 35o! § 87! cost of their care and treatment, exclusive of all interest or other ex- 4
-— '--- ' penses pertaining to the construction, equipment or permanent upkeep 5
of the institution. Patients paying for their care in whole or in part, 6
or for whom such payment in whole or in part is made by others, may 7
be admitted on terms fixed by the trustees; but all patients shall be 8
admitted in the order of their application, and no preference shall be 9
given to paying patients over others. The charge for the support of 10
a patient in any hospital established under sections seventy-eight to 11
ninety, inclusive, so far as the same or any part thereof is not paid by 12
the patient or in his behalf, as aforesaid, shall be paid bj- the town send- 1.3
ing him to the hospital. If the patient has no known settlement in 1-1
the commonwealth the charge shall be paid by it, upon the appro\al 15
of the bills by the department of public welfare, in the manner provided 16
by section one hundred and sixteen. Such charges may afterward be 17
recovered by the town or by the state treasurer, as the case may be, 18
from the patient, if he is able to pay, or from any person or kindred 19
bound by law to maintain him, in the manner provided by section 20
sixty-six, for the recovery of unpaid charges for the support of inmates 21
of the state sanatoria. All towns paying for the support of patients an 22
amount exceeding fifty per cent of the actual cost of maintaining them 23
in hospitals erected, or utilized by contract, under sections seventy- 24
eight to ninety, inclusive, shall be entitled to any payment or repay- 25
ments in like manner and subject to like conditions applicable to the 26
support of tubercular patients in a town tuberculosis hospital. 27
Situation,
plans, etc., to
be approved
by state
department.
1916, 286, § 13.
1917, 251, § 3.
Section 89. The situation, plans for construction and actual con-
struction of new hospitals, or additions to existing hospitals, provided
for carrying out sections seventy-eight to ninety, inclusive, shall be sub-
ject to the approval of the department.
1919,350, §96. 1924, 443; 500; 501.
Certain officials
to act for
Chelsea,
Revere and
Winthrop.
1916, 286, § 14.
1924, 443;
500; 501.
Section 90. The mayors of Chelsea and Revere and the chairman 1
of the selectmen of Winthrop shall have and exercise, for the purposes 2
of sections seventy-eight to eighty-nine, inclusive, the poM'ers given to 3
county commissioners, and they are hereby designated as a board of 4
trustees for the tuberculosi.s hospital district comprising Ciielsea, Re\ere 5
and Winthrop, and tliey shall provide adequate hospital care for persons 6
residing therein suti'ering from tuberculosis who need such hospital care 7
in like manner as required of county commissioners by section seventy- 8
eight. 9
CerumdtiM Section 91. Citics having one hundred thousand or more inhabit- 1
and towns auts as determined by the last national census, and cities and towns 2
to heeome i • i i i i i i • i t •
members of haviug Icss than one hundred thousand inhabitants as determined as 3
Chap. 111.] public health. 1351
4 aforesaid and already possessing and continuing to furnish satisfactory hospital dis-
5 tuberculosis hospital provision, shall be exempt from the provisions of proporUonate
6 sections seventy-eight to ninety, inclusive; provided, that no city STfllos-'
7 included within a tuberculosis hospital district shall become entitled to 5'9i''o'l8o^§4''
8 such exemption by reason of any change in the number of inhabitants ^^^f^^^'^^l'
9 of such city, and provided, further, that each city or town of less than isso, 339.
10 one hundred thousand inhabitants as aforesaid, which on July first,
11 nineteen hundred and twenty-seven or at any time thereafter shall have
12 failed to furnish tuberculosis hospital provision to the satisfaction of the
lo department in a tuberculosis hospital maintained by said city or town
14 or in a building or ward of a hospital set apart by it for its tubercular
15 patients, shall, upon receipt of written notification from the department
16 of such failure, become and be a part of the district of the tuberculosis
17 hospital for the county or section thereof in which such city or town is
IS situated; and provided, further, that any city or towTi may, at any
19 time upon application and payment of its proportionate share of the
20 actual construction costs, as hereinafter provided, of said county tubercu-
21 losis hospital, if any, become a part of the hospital district of the county
22 or section thereof in which it is situated. Each city or town becoming,
23 by reason of its failure to comply with this section or upon application
24 as aforesaid, a part of a county hospital district shall pay to the district
25 treasurer its proportionate share of the actual construction costs of said
26 county tuberculosis hospital, if any, including land, buildings and equip-
27 ment, computed as of the date of such failure or such application. In
28 case the city council of such city or the selectmen of such town and the
29 trustees of such county tuberculosis hospital do not agree on the amount
30 of such proportionate share within three months after the receipt by
31 said city or town of written notification from the department of failure
32 as aforesaid or within three months after application as aforesaid, the
33 amount of such share shall be determined by a valuation board consist-
34 ing of the mayor of the city or the chairman of the board of selectmen of
35 the town, a person to be selected forthwith after the expiration of said
36 three months' period by the county commissioners of the county in
37 which such city or town is situated, and a third person to be selected by
38 the other two. If the representatives of the city or town and the county
39 do not, within thirty days after the selection of the county representa-
40 tive on said board, agree upon a third member thereof, such third mem-
41 ber shall, on petition therefor by any party in interest to the supreme
42 judicial court, be appointed by a justice thereof. The decision of a
43 majority of said valuation board shall be final.
DANGEROUS DISEASES.
1 Section 92. Each city, except Brockton, shall, and each town may. Maintenance
2 and upon request of the department shall, establish and maintain con- hospitals, etc.
3 stantly within its limits one or more hospitals for the reception of persons iTga.^ss.^^.
4 having smallpox, diphtheria, scarlet fever, tuberculosis or other diseases ^5 fj^gg
5 dangerous to the public health as defined by the department, unless there g^ |g26,
6 already exists therein a hospital satisfactory to the department for the |'j|q**^'j
7 reception of persons ill with such diseases, or unless some arrangement i9oi, i7i.
8 satisfactory to the department is made between neighboring municipali- §535,40.
9 ties for the care of such persons. All such hospitals established and main- ign; 313'
10 tained by cities and towns shall be subject to the orders and regulations of }^J|; H]-
11 the boards of health thereof. Plans for construction of such hospitals 1916.286, § 15.
1352
PUBLIC HEALTH.
[Chap. 111.
1919, 350, 5 96. shall be approved by the department before they are constructed, and the 12
1924; 50i; 1 3'. district health officers shall annually make such examination of said 13
187 MaS: 15a hospitals, and of all other hospitals, sanatoria, asylums, homes, prisons 14
and dispensaries, both public and private, caring for diseases dangerous 15
to the public health, as in the opinion of the department may be necessary, 16
and report as to their condition and needs to those responsible for their 17
management. A city or town which, upon the request of the department, 18
refuses or neglects to establish and maintain such a hospital shall forfeit 19
not more than five hundred dollars; provided, that if, in the opinion of 20
the boards of health of two or more adjoining municipalities, such hos- 21
pitals can advantageously be established and maintained in common, the 22
authorities of the said cities or towns may, subject to the approval of the 2.3
department, enter into any agreements deemed necessary to establish and 24
maintain the same. Cities and towns having a population of less than 25
one hundred thousand inhabitants according to the last national census 26
shall not be required by this section to make hospital provisions for 27
tubercular patients. 28
physicians,
nurses, etc.,
subject to
regulations.
1792, 58, § 4.
R. S. 21, § 39.
G. S. 26, § 43.
Section 93. Physicians, nurses, attendants, patients and all persons 1
approaching or coming within the limits of such hospitals, and all fur- 2
niture and other articles used or brought there, shall be subject to the 3
regulations of the board of health. 4
p. S. 80, 5 74. R. L. 75, § 36. 1906, 365, § 1.
Cities and,^ SECTION 94. The board of health of any town which has established
isolation hos- or which may hereafter establish within its limits a hospital for the recep-
receivepq-sons tiou of persous having smallpox or any other disease dangerous to the
to°J^s'"^'°""''^ public health may receive for care and treatment in such hospital persons
1906! lot, \ i. from an adjoining town who are infected with any of said diseases.
187 Mass. 150.
Powers and
duties of
boards in cases
of infectious
diseases.
1701-2, 9.
§§1,2.
1792, 58. § 5.
1797, 16, § 1.
R. S. 21,
§§ 16, 17, 40.
1837, 244,
§§ 1,2.
1838, 158.
1848, 119.
G. S. 26,
§§ 16, 17, 44.
P. S. 80,
§§40.41,7.5.
R. L. 75, § 42.
1906, 225;
365, § 1.
1907, 445.
137 Mass. 554.
140 Mass. 314.
187 Mass. 150.
191 Mass. 78.
Section 95. If a disease dangerous to the public health breaks out 1
in a town, or if a person is infected or lately has been infected therewith, 2
the board of health shall immediately provide such hospital or place of 3
reception and such nurses and other assistance and necessaries as is 4
judged best for his accommodation and for the safety of the inhabitants, 5
and the same shall be subject to the regulations of the board. The board 6
may cause any sick or infected person to be removed to such hospital or 7
place, if it can be done without danger to his health; otherwise the house 8
or place in which he remains shall be considered as a hospital, and all
persons residing in or in any way connected therewith shall be subject
to the regulations of the board, and, if necessary, persons in the neighbor-
hood may be removed. When the board of health of a town shall deem it
necessary, in the interest of the public health, to require a resident wage 13
earner to remain within such house or place or otherwise to interfere with 14
the following of his employment, he shall receive from such town during 15
the period of his restraint compensation to the extent of three fourths of 16
his regular wages; provided, that the amount so received shall not exceed 17
two dollars for each working day. 18
9
10
11
12
Warrants to
remove sick
persons, etc.
1701-2. 9. § 3.
1742-3, 17, § 1.
1797, 16, § 4.
R. S. 21, 5 19.
Section 96. A magistrate authorized to issue warrants may issue a 1
warrant directed to the sherifi' of the county or his deputy, or to any con- 2
stable or police officer, requiring him, under the direction of the board of 3
health, to remove any person infected with a contagious disease, or to 4
Chap. 111.] public health. 1353
5 take up and impress convenient houses, lodging, nurses, attendants and fjj77;|ii.S'i.
6 other necessaries. The removal authorized by this section may be made J^ ff^ |43^
7 to a hospital in any town established for the reception of persons having iwjj; 206, §|.'
8 smallpox or other disease dangerous to the public health, provided that ibis! 12.'
9 the assent of the board of health of the town to which such removal is to J9? HHl: 73. '
10 be made shall first have been obtained. ^"^ ^^''- ^•^^•
1 Section 97. The two preceding sections, so far as they confer au- Lmitation ot
2 thority for the removal of patients from their homes, shall apply only to src'tion™'' '"*
3 persons residing in boarding houses or hotels, or to two or more families [fll] 39. '
4 occupying the same dwelling, or in other cases where, in the opinion of the J?;*!; |^f 5 51
5 board, the patient cannot properly be isolated.
1872. 189. R L. 75, § 56. 140 Mass. 314.
P. S. SO, § 82. 1906, 365, § 3.
1 Section 98. Boards of health may grant permits for the removal of i^f^tcd' "^
2 any nuisance, infected articles or sick person within the limits of their l'^^^^^^^ ^^^_
3 towns.
1816, 44, § 12. G. S. 26, 5 15. R. L. 75, § 86.
R. S. 21, § 15. P. S. 80, § 39.
1 Section 99. If upon application of the board it appears to a magis- ^^''^^^^^f'JJj^j
2 trate authorized to issue warrants that there is just cause to suspect that ar|des, etc. ^
3 baggage, clothing or goods found within the town are infected with any 1797, {a, §5.
4 disease dangerous to the public health, he shall, by warrant directed to the g; | |J; \ |8:
5 sheriff or his deputy or to any constable, require him to impress as many J^^^'l^.^jU'
6 men as said magistrate may judge necessary to secure such baggage, R l- 75, § 87.
7 clothing or goods, and to post said men as a guard over the house or place
8 containing such articles to prevent persons from removing or coming near
9 the same until due inquiry is made into the circumstances.
1 Section 100. The magistrate may, by the same warrant, require the ^»^''gU^|*°(„^
2 officers, under the direction of the board, to impress and take up con- safe keeping of
3 venient houses or stores for the safe keeping of such articles; and the i?5i!2, 12, §3.
4 board may remove them thereto or otherwise detain them until, in its ^^%: lf_ | |i.
5 opinion, they are freed from infection.
G. S. 26, § 21. 1877, 211, § 1. P. S. 80, § 45. R. L. 75, § 88.
1 Section 101. The officers, in executing the warrant, may command °'^f^a'ndai'd.
2 aid and may break open any house, shop or other place mentioned in ffjfl|^i2.
3 the warrant. Whoever, being commanded by said officers to assist in flg'y.te, §5.
4 the execution of the warrant, neglects or refuses so to do shall forfeit not r. s.' 21,' § 22.
5 more than ten dollars.
G. S. 26. § 22. P. S. SO, § 46. R. L. 75, § 89.
1 Section 102. The expense of securing, transporting and purifying payment of
2 such articles as fixed by the board shall be paid by the owners or by n5i-ri2, § 2.
3 the town, as the board may determine. For any article of furniture or J^^^|; ^f; 1 13.
4 wearing apparel ordered destroyed by the board the town may recom- p; |. lo,' 1 47.'
5 pense the owner to an amount not exceeding fifty dollars.
R. L. 75, § 90. 1903, 306.
1 Section 103. If a sheriff or other officer impresses or takes up any ^^-^P^^f ^'°° _
2 houses, stores, lodging or other necessaries, or impresses men, the town impressed. ^^
3 where such persons or property are so impressed shall pay a just com- g:|;26:|24:
4 pensation to the persons entitled thereto. Compensation for taking or r.'l. 75,558.
5 impressing property may be recovered under chapter seventy-nine.
1354
PUBLIC HEALTH.
[Chap. 111.
Notice of
infected
places.
Penalty for
removal, etc.
1792, 58, § 6.
R. S. 21, §41.
1838. 158.
G. S. 26. § 45.
1873, 2, § 2.
P. .S. SO, § 76.
E. L. 75, 5 43.
Section 104. If a disease dangerous to the public health exists in a 1
town, the selectmen and board of health shall use all possible care to 2
prevent the spread of the infection, and shall give public notice of infected 3
places to travelers by displaying red flags at proper distances and by all 4
other means which, in their judgment, may be most effectual for the com- 5
mon safety. Whoever obstructs the selectmen, board of health or its 6
agent in using such means, or wilfully removes, obliterates, defaces or 7
handles such red flags or other signals, shall forfeit not less than ten nor 8
more than one hundred dollars. 9
Penalty for
\aolation of
regulations.
1792, 58, § 6.
R. S. 21, §42.
18.38, 158.
G. S. 26, § 46.
P. S. 80, § 77.
R. L. 75, § 44.
Section 105. If a physician or other person who is in any of the 1
hospitals or places of reception mentioned in section ninety-five, or who 2
attends, approaches or is concerned with them, violates a regulation of 3
the board of health relative thereto, he shall forfeit not less than ten nor 4
more than one hundred dollars. 5
Travelers from
infected places
outside com-
monwealth.
License, etc.
Penalty.
1739-40, 1, § 3.
1742-3, 17, § 3.
1797.16, §3.
R. S. 21, § 18.
G.S. 26. §18.
P. S. 80, § 42.
R. L. 75, §45.
Section 106. The board of health of a town near to or bordering 1
upon an adjoining state may in writing appoint suitable persons, who 2
shall attend at places by which travelers may pass from infected places 3
without the commonwealth, and who may examine such travelers as the 4
board suspects of bringing any infection dangerous to the public health, 5
and, if necessary, restrain them from traveling until licensed thereto by 6
the board of health of the town to which they may come. A tra\e]er 7
coming from an infected place who, without such license, travels witliin S
the commonwealth, unless to return by the most direct way to the state 9
whence he came, after he has been cautioned to depart by the persons so 10
appointed, shall forfeit not more than one hundred dollars. 11
Transportation
of infected
dead bodies
regulated.
Penalty.
1SS3, 124, § 2.
1887, 335.
1897, 437, § 6.
R. L. 78, § 43.
Section 107. No person shall convey or cause to be conveyed through
or from any town in the commonwealth the body of any person who has
died of smallpox, scarlet fever, diphtheria or tj'phus fever until such body
has been so encased and prepared as to preclude danger of contagion or
infection by its transportation; and no town clerk, or clerk or agent of
the board of health, shall give a permit for the removal of such body until
he has received from the board of health of the city or from the selectmen 7
of the town where the death occurred a certificate stating the cause of 8
death, and that said body has been prepared in the manner prescribed in 9
this section. The certificate shall be delivered to the agent or person 10
receiving the body. Whoever violates this section shall forfeit not more 11
than twenty-five dollars. 12
Removal of SECTION 108. If a prisoner in a jail or house of correction has a
SICK Drisonprs
1816. w. § 10- disease which, in the opinion of the physician of the board of health or of
§§ 25, 26. such other physician as it may consult, is dangerous to the safety and
G. S. 26,
§§ 25, 26.
P. S. SO,
§§49, 50.
R. L. 75, § 47.
1931, 426, § 15
health of other prisoners or of the inhabitants of the town, the board shall,
in writing, direct his removal to a hospital or other place of safety, there
to be provided for and securely kept until its further order. If he recovers 6
from the disease, he shall be returned to his former place of confinement. 7
If the person so removed has been committed by order of court or imder 8
judicial process, the order for his renio\al, or a copy thereof attested by 9
the presiding member of the board, shall be returned by him, with the 10
doings thereon, into the office of the clerk of the court from which the 11
Chap. 111.] public health. 1355
12 process of commitment was issued. No prisoner so removed shall thereby
13 commit an escape.
1 Section 109. A householder who knows that a person in his family Householder
2 or house is sick of smallpox, diphtheria, scarlet fever or any other in- 1° danscnlia
3 fectious or contagious disease declared by the department dangerous to p'St™'
4 the public health shall forthwith give notice thereof to the board of health l^i'^' '^•
5 of the town where he dwells. Upon the death, recovery or removal of '^os. ss, § 7.
6 such person, the householder shaU disinfect to the satisfaction of the g^ s! 2b,' § 47!
7 board such rooms of his house and articles therein as, in the opinion of the issi, gs. § i*'
8 board, have been exposed to infection or contagion. But the board may, r.^;. 75^5 49.
9 in its discretion, disinfect or fumigate all such premises as, in its opinion, Jgoj; HI' ^ ^■
10 have been exposed to any infectious or contagious disease, at the expense }^|°' ^^^•
11 of the town, and may employ any proper and competent person to so isisi sso] § 96.
12 disinfect or fumigate. Whoever violates any provision of this section
13 shall be punished by a fine of not more than one hundred dollars.
1 Section 110. If either eye of an infant becomes inflamed, swollen Diseases of the
2 and red, or shows an imnatural discharge within two weeks after birth, to'be°repon'ed.
3 the nurse, relative or other attendant having charge of such infant shall fgos.'wi, 5 1.
4 report in writing, within six hours thereafter, to the board of health of \l%[ om!
5 the town where the infant is, the fact that such inflammation, swelling iSi*;,'"^ „„,
, . ' 11.1 • r^ ^^ Mass. 201.
6 and redness 01 the eyes or unnatural discharge exist. On receipt of such
7 report, or of notice of the same sjTnptoms given by a physician as pro-
8 vided by the following section, the board of health shall take such imme-
9 diate action as it may deem necessary, including, so far as may be pos-
10 sible, consultation with an oculist and the employment of a trained nurse,
11 in order that blindness may be prevented. Whoever violates this section
12 shall be punished by a fine of not more than one huijdred dollars.
1 Section 111. If a physician knows that a person whom he visits is Physicians to
2 infected with smallpox, diphtheria, scarlet fever or any other disease of''p°e'rsmria^-
3 declared by the department dangerous to the public health, or if either certlfn"'"^
4 eye of an infant whom or whose mother a physician, or a hospital medical Penahy!
5 officer registered under section nine of chapter one hundred and twelve, r^s'2i^s44
6 visits becomes inflamed, swollen and red, or shows an unnatural discharge o. s: 26,' § 48.'
7 within two weeks after birth, he shall immediately gi\"e written notice issi, 9s', § 2.'
8 thereof, over his own signature, to the board of health of the town ; and r. l'. 75. § so.
9 if he refuses or neglects to give such notice he shall forfeit not less than Hoj, Ho, ^ ^'
10 fifty nor more than two hundred dollars.
1919, 350, § 96. 1920, 244, § 2. 230 Mass. 201. Op. A. G. (1920) 212.
1 Section 112. If the board of health of a town has had notice of tonotify"e-
2 a case of any disease declared by the department dangerous to the P^'^i'"™-
3 public health therein, it shall within twenty-four hours thereafter give isse', loi! § 4!
4 notice thereof to the department, stating the name and the location of r. l'. 757'§ 52!
5 the patient so afflicted, and upon request the department shall forth- igieils"'
6 with certify any such reports to the department of public welfare, j^^ly.^ge.'
7 The provisions of this section and of sections one hundred and nine and ^®-*' -^^■
8 one hundred and eleven shall not apply to gonorrhoea and sj-philis, the
9 same having been declared to be diseases dangerous to the public health.
10 Said diseases shall be reported to local boards of health, either directly
11 or through the department, in accordance with such special rules and
1356
PUBLIC HEALTH.
[Chap. 111.
regulations as the department may make, having due regard for the 12
best interest of the public. 13
Records and
reporting of
dangerous
diseases.
Penalty.
1884, 98.
§§3,4.
R. L. 75,
1915, 52.
1918, 130, § 1.
1919, 350, § 96
202 IVIass. 359.
225 Mass. 521.
Op. A. G.
(1919) 1.
i51.
Section 113. Every board of health shall keep a record of all reports
received pursuant to sections one hundred and nine to one hundred and
eleven, inclusive, containing the name and location of all persons who
are sick, their disease, the name of the person reporting the case, and the
date of such report or other data required by the department. Such
records shall be kept in the manner or upon forms prescribed by the de-
partment. The board shall give immediate information to the school
committee of all contagious diseases so reported to it. Every board shall 8
appoint some person, who may or may not be a member of the board, 9
who shall give notice, as provided in the preceding section, to the depart- 10
ment of diseases dangerous to the public health ; and in case of the absence 1 1
or disability of such appointee the board shall appoint another person to 12
perform this duty during such absence or disability. Such appointments 13
and the acceptance thereof by the persons so appointed shall be placed 14
upon the records of the board. Any person, having accepted such ap- 15
pointment, who wilfully refuses or wilfully neglects or through gross 16
negligence fails to make and send the notices required by the preceding 17
section as provided therein shall be punished by a fine of not more than IS
fifty dollars. 19
o°ciaim'^ Section 114. A claim of a town against the commonwealth for 1
1893' 302' I f reasonable expenses incurred by the board of health in making the 2
R c ''^()K^2 provision required by law for persons infected with a disease dangerous 3
1919! 350] § 9(3. to the pubHc health shall not be defeated by reason of the failure on 4
the part of the board to give notice of such disease to the department 5
under section one hundred and twelve, if such claim is otherwise a valid 6
claim against the commonwealth. 7
Recovery of SECTION 115. Expcnscs incurred by a tov/n in the removal of nui- 1
i84™2Ti, § 6. sances or for the preservation of the public health, for which any person 2
p. S. 80, § 80.
is liable, may be recovered in contract.
R. L. 75, § 54. 98 Mass. 431.
144 Mass. 523.
Payment of
certain ex-
penses
regulated.
1701-2, 9,
§U,2.
1797, 16, § 1.
R. S. 21, § U\.
1837, 244, § 1.
1848, 119.
G. S. 26. § 16.
1874, 121, § 2.
P. S. 80,
§§ 40. 83.
R. L. 75, § 57.
1902, 213,
§§ 1,3.
1907, 386, § 1.
1909, 380.
1919, 3.50,
l§ 87, 96.
1926,241, §3.
1927, 91.
1931, 394,
§ 117.
187 Mass. 150.
237 Mass. 359.
261 Mass. 3.58.
4 Op. A. G. 474,
Section 116. Reasonable expenses incurred by boards of health or
by the commonwealth in making the provision required by law for
persons infected with smallpox or other disease dangerous to the public
health shall be paid by such person or his parents, if he or they be able
to pay, otherwise by the town where he has a legal settlement, upon the
approval of the bill by the board of health of such town or by the depart-
ment of public welfare; but such expenses shall not be recovered from
a town liable therefor, unless proceedings to recover the same are com-
menced within two years after the cause of action arises. Such settle-
ment shall be determined by the board of public welfare, and by the
department of public welfare in cases cared for by the commonwealth.
If the person has no settlement, such ex-penses shall be paid by the 12
commonwealth, upon the approval of bills therefor by the department of 13
public welfare. In all cases of persons having settlements, a written 14
notice shall be sent by the board of health of the town where the person 15
is sick to the board of health of the town where such person has a settle- 16
ment, who shall forthwith transmit a copy thereof to the board of public 17
1
2
3
4
5
6
7
S
9
10
11
Chap. HI.] public health. 1357
IS welfare of the place of settlement; but nothing shall be recovered for
19 relief furnished more than three months prior to notice tliereof given to
20 the board of health of the place of settlement. If within one month
21 after receiving such notice the board of health of the latter town does
22 not submit a written statement denying the settlement and stating the
23 reasons therefor, said town shall be barred from contesting the question
2-1 of settlement. In any case liable to be maintained by the common-
25 wealth when public aid has been rendered to such sick person, a written
26 notice shall be sent to the department of public welfare, containing
27 such information as will show that the person named therein is a proper
28 charge to the commonwealth, and reimbursement shall be made for
29 reasonable expenses incurred within five days next before such notice is
30 mailed, and thereafter until such sick person is removed under section
31 twelve of chapter one hundred and twenty-one, or is able to be so re-
32 moved without endangering his or the public health. Reimbursement
33 by the commonwealth under the provisions hereof shall be subject to
34 the provisions of section forty-two of chapter one hundred and twenty-
35 one.
VENEREAL DISEASES.
1 Section 117. Each city shall provide for treatment, either in a hos- Treatment
2 ' ^ - .
3 or infectious venereal diseases.
1895, 400. R. L. 75, § 39. 1906, 365, § 1.
pital or as out-patients, of indigent persons suffering from contagious dis^ses^"
1 Section 118. No discrimination shall be made against the treat- p>scrimina-
, „ - Hon tig3.insL
2 ment of venereal diseases in the out-patient department or any general treatmentof
. ■ , , . . . , • 1 1 -J. 1 venereal dis-
3 hospital supported by taxation m any city where special hospitals, eases, when
4 other than hospitals connected with penal institutions, are not pro- 1894. sii,' § 3.
5 vided for the treatment of such diseases at public ex-pense; but any Jgoe; 365,\".'
6 such hospital may establish a separate ward for their treatment.
1 Section 119. Hospital, dispensary, laboratory and morbidity re- Records, etc.,
2 ports and records pertaining to gonorrhoea or s.\'philis shall not be disIaseJ'Ifot
3 public records, and the contents thereof shall not be divulged by any ^enau^™'^''
4 person having charge of or access to the same, except upon proper judi- Jg^l'gl"' ^ ^^
5 cial order or to a person whose official duties, in the opinion of the com- fjjg' I50, 5 97.
6 missioner, entitle him to receive information contained therein. Viola-
7 tions of this section shall for the first offence be punished by a fine of
8 not more than fifty dollars, and for a subsequent offence by a fine of
9 not more than one hundred dollars.
1 Section 120. Laboratory, dispensary and morbidity reports and ^"ord" etc.,
2 records of cases of gonorrhoea or syphilis, other than the permanent i9j'|''9e^''5X'''
3 records of hospitals and institutions, shall be destroyed at the expira-
4 tion of five years from the year when made.
1 Section 121. An inmate of a public charitable institution or a Treatment
2 prisoner in a penal institution who is afflicted with syphilis, gonorrhoea diseases and
3 or pulmonary tuberculosis shall be forthwith placed under medical S certain"'^
4 treatment, and if, in the opinion of the attending physician, it is neces- paynS "oV
5 sary, he shall be isolated until danger of contagion has passed or the ^^^^^"4':,o.
6 physician determines his isolation unnecessary. If at the expiration of Rj^L- 75^§ 48.
7 his sentence he is afflicted with syphilis, gonorrhoea or pulmonary tuber- §§S7, 96.'
1358
PUBLIC HEALTH.
[Chap. 111.
1920, 306.
1928, 15.5, § 3.
Op. A. G.
(1920) 239.
culosis in its contagious or infectious symptoms, or if, in the opinion of 8
the attending physician of the institution or of such physician as the 9
authorities thereof may consult, his discharge would be dangerous to 10
public health, he shall be placed under medical treatment and cared 11
for as above provided in the institution where he has been confined 12
until, in the opinion of the attending physician, the said symptoms have 13
disappeared and his discharge will not endanger the public health. The 14
expense of his support, not exceeding three dollars and fifty cents a week, 15
shall be paid by the town where he has a settlement, after notice of the 16
expiration of his sentence and of his condition to the board of public 17
welfare thereof, or, if he is a state charge, by the commonwealth after 18
like notice to the department of public welfare. 19
Nuisances.
Examination,
regulation, etc.
1797, 16.
§§3. 5, 11.
R. S. 21.
§§ 5, 6, 9.
G. S. 26,
§§ .5, 7.
P. S. 80,
§§ 18. 20.
R. L. 75, § 65.
97 Mass. 221.
125 Mass. 182.
135 Mass. 526.
163 Mass. 240.
To be abated
by owner.
1797, 16, § n.
R. .S. 21, § 10.
1849, 211, § 3.
1855, 369.
G. S.26, §8.
P. S. 80, §21.
R. L. 75, § 67.
98 Mass. 431.
132 Mass. 71.
Service of
order for
abatement.
1849,211, § 4.
G. S. 26, § 9.
P. S. 80, § 22.
R. L. 75, § 68.
143 Mass. 113.
257 Mass. 580.
NUISANCES.
Section 122. The board of health shall examine into all nuisances,
sources of filth and causes of sickness within its town, or on board of
\'essels within the harbor of such town, which may, in its opinion, be
injurious to the public health, shall destroy, remove or prevent the same
as the case may require, and shall make regulations for the public health
and safety relative thereto and to articles capable of containing or con-
veying infection or contagion or of creating sickness brought into or
conveyed from the town or into or from any vessel. Whoever violates
any such regulation shall forfeit not more than one hundred dollars.
179 Mass, 385. 203 Mass. 26. 241 Mass. 406.
182 Mass. 39. 208 Mass. 493. 273 Mass. 177.
186 Mass. 330. 214 Mass. 587. 1 Op. A. G. 290.
190 Mass. 442. 233 Mass. 275.
Section 123. Said board shall order the owner or occupant of any
private premises, at his own expense, to remove any nuisance, source
of filth or cause of sickness found thereon within twenty-four hours,
or within such other time as it considers reasonable, after notice; and
an owner or occupant shall forfeit not more than twenty dollars for
every day during which he knowingly violates such order.
Removal
by board
1797, 16,
§11
R. S. 21,
5 11.
1849, 211
.§5
G. S. 26,
§10.
P. S. 80,
§23.
R. L. 75,
§09
98 Mass.
431.
Location of
privy vaults
regulatec
186 Mass. 330.
190 Mass. 442.
203 Mass. 26.
257 Mass. 580.
Section 124. Such order shall be in writing, and may be served
personally on the owner, occupant or his authorized agent by any
person authorized to serve civil process; or a copy of the order may be
left at the last and usual place of abode of the owner, occupant or agent,
if he is known and within the commonwealth. If the premises are un-
occupied and the residence of the owner or agent is unknown or is with-
out the commonwealth, the board may order the notice to be served
by posting it on the premises and by advertising it in one or more
newspapers.
Section 125. If the owner or occupant fails to comply with such
order, the board may cause the nuisance, source of filth or cause of
sickness to be removed, and all ex-penses incurred thereby shall be paid
by the person who caused or permitted the same, if he has had actual
notice from the board of health of the existence thereof. o
126 Mass. 496.
Section 12G. If the city council of a city, or a town iuiving a popu- 1
lation of more than one thousand, accepts this section, or has accepted 2
Chap. 111.] public health. 1359
3 corresponding provisions of earlier laws, no privy vault shall be con- i890, 74.
4 structed upon premises connected with a common or private sewer or r. l'. 75, '§ 70.
5 abutting on a public or private street, court or passageway in which "^^''' ^'^'
6 there is a common sewer opposite thereto, without permission in writ-
7 ing having first been obtained from the board of health. And if, in
8 the opinion of said board, a privy vault so situated is injurious to the
9 public health, it shall declare the same a nuisance and forbid its con-
10 tinuance, and the three preceding sections shall appl.>- thereto.
1 Section 127. The board of health of a city, and the board of health Regulations
2 of a town, if authorized by the town, may make and enforce regulations hoL^dra'in-
3 for the public health and safety relative to house drainage and connec- Wi, m. § s.
4 tion with common sewers, if such a sewer abuts the estate to be drained, p^^'so,''? 12.
5 Whoever violates any such regulation shall forfeit not more than one ^^l' 1°^-^ ^
6 hundred dollars.
1 Section 128. The board of health, if satisfied upon examination that Eviction from
„,.,,. 11 • •, , • I 1 II' unfit dwt^lling.
2 a buildmg, tenement, room or cellar in its town occupied as a dwelling penalty for
3 place has become, by reason of the number of occupants, uncleanliness iccu''p"tion.
4 or other cause, unfit for such purpose, and may become a nuisance or }?^^- ^^* ^ u
5 be a cause of sickness to the occupants or to the public, may issue a p- s. so^ §^24.
6 written notice to such occupants or any of them, requiring the premises
7 to be put into a cleanly condition, or vacated within such time as the
8 board may deem reasonable. If the persons so notified neglect or re-
9 fuse to comply with the notice, the board may cause the premises to
10 be properly cleansed at the expense of the owner, or may remove the
11 occupants forcibly and close up the premises, which shall not be again
12 occupied as a dwelling place without its written permission. If the
13 owner thereafter occupies or knowingly permits the same to be occupied
14 without such permission he shall forfeit not less than ten nor more
15 than fifty dollars.
1 Section 129. If a person is convicted on an indictment for a com- Removal or
2 mon nuisance injurious to the public health, the court may order the nutsance'on°
3 nuisance to be remo\-ed or destroyed at the expense of the defendant, o?owne?,"etc.
4 under the direction of the board of health.
1801, 16, § 3. G. S. 26, § 12. R. L. 73, § 72.
R. S. 21, § 12. P. S. SO, § 25.
1 Section 130. The superior court, either before or pending a prose- Enjoining
2 cution for a common nuisance affecting the public health, may enjoin is27!'ss.'
3 the maintenance of such nuisance until the matter is decided or the §; 1; le! 5 is!
4 injunction dissolved.
p. S. so, § 26. R. L. 75, § 73. 179 Mass. 385.
1 Section 131. If the board considers it necessary for preservation of ^,;°™nat'ion
2 life or health to enter any land, building or premises, or go on board a isi'',;''44'f^|2.
3 vessel within its town, to examine into and destroy, remove or prevent R |- 2l 5 li
4 a nuisance, source of filth or cause of sickness, and the board, or any is73, 2 '§ 1 ^
5 agent thereof sent for that purpose, is refused such entry, any member p. s.'so, §27.'
6 of the board or such agent may make complaint to a justice of any ^ ■ •
7 court of record or to a magistrate authorized to issue warrants, who
8 may thereupon issue a warrant, directed to the sheriff or any of his
9 deputies, to such member or agent of the board, or to any constable
10 of such town, commanding him to take sufficient aid and at any reason-
1360
PUBLIC HEALTH.
[Chap. 111.
able time repair to the place where such nuisance, source of filth or 11
cause of sickness complained of may be, and to destroy, remove or 12
prevent the same, under the direction of the board. 13
Certain land
deemed
nuisance.
1868. 160, § 1.
P. S. 80, § 28.
1887,338, § 1.
R. L. 75, § 75.
132 Mass. 71.
135 Mass. 4fl0.
160 Mass. 486.
163 Mass. 240.
166 Mass. 399.
Section 132. Land which is wet, rotten or spongy, or covered with
stagnant water, so as to be offensive to residents in its vicinity or in-
jurious to health, shall be deemed a nuisance, which the board of health
of the town where it lies, upon petition and hearing, may abate in the
manner provided in the seven following sections; but if the expense of
abatement will exceed two thousand dollars, such abatement shall not
be made without a previous appropriation therefor.
225 Mass. 467.
toSiment. SECTION 133. \^^loeve^ is injured by such nuisance may, by petition
pf'8o°§29 describing the premises upon which it is alleged to exist and stating
R. L. 75, § 76. the nature of the nuisance complained of, apply to the board for its
abatement; whereupon such board shall view the premises and examine
into the nature and cause of such nuisance.
Proceedings on
application
for abatement.
1868, 160. § 3.
P. S. 80, § 30.
R. L. 75, § 77.
Section 134. Upon such examination, if the board is of opinion that 1
the petition should be granted, it shall appoint a time and place for a 2
hearing, first giving reasonable notice thereof to the petitioners, to the 3
persons whose lands it may be necessary to enter upon to abate the 4
nuisance, and to any other persons who may be damaged or benefited 5
by the proceedings, and to the mayor or the chairman of the selectmen, 6
unless the selectmen constitute the board of health, that they may be 7
heard upon the necessity and mode of abating such nuisance, the ques- 8
lion of damages, and of the assessment and apportionment of the ex- 9
penses of the abatement. 10
Form of
notice and
service thereof.
1868, 160, § 4.
P. S. 80. §31.
R. L. 75, § 78.
166 Mass. 399.
Section 135. Such notice shall be in writing, and may be served,
by any person authorized to serve civil process, by personal service
upon the mayor or chairman of the selectmen, the petitioners, the
owner or occupant of any land upon which it may be necessary to enter
or which may be benefited by the abatement, or the authorized agent of
such owner or occupant, or by leaving an attested copy of such notice
at the last and usual place of abode of such persons; but if the land
is unoccupied and the owner or agent is unknown or out of the common-
wealth, the notice to such owner may be served by posting an attested
copy thereof upon the premises, or by advertising in one or more news-
papers in such manner and for such length of time as the board may
order.
1
2
3
4
5
6
7
8
9
10
11
12
Abatement
of nuisance.
Damages.
1868, 160, § 5.
P. S. 80, § 32.
R. L. 75, § 79.
1915, 46.
135 Mass. 490.
Section 136. At the time and place appointed therefor, the board 1
shall hear the parties, and thereafter may cause such nuisance to be 2
abated by entering upon any land and by making such excavations, 3
embankments and drains therein and under and across any ways as 4
may be necessary; and shall also determine in what manner and at 5
whose expense the improvements shall be kept in repair, shall estimate 6
and award the damage sustained by and the benefit accruing to any 7
person by reason of such improvements, and what ])r()portion of the 8
expense of making and keeping the same in repair shall be borne by 9
the town and by the persons benefited thereby. The board shall forth- 10
Chap. 111.] public he.\lth. 1361
11 with give notice of its decision, in the manner required in the preceding
12 section, to the parties to whom notice is required to be given by section
13 one hundred and thirty-four and to the assessors of said town. The
14 expense of making and keeping such improvements in repair shall be
15 assessed by the assessors upon the persons benefited thereby, as ascer-
16 tained by said decision, shall be included in their taxes, shall be a lien
17 upon the land benefited thereby, and shall be collected in the same
18 manner as other taxes upon land. Apportionment of assessments under
19 this section may be made and the parts thereof be collected as provided
20 in chapter eighty.
om
cation
1 Section 137. A person entitled to notice under section one hundred alj^^j-'J",
2 and thirtv-four, who is aggrieved bv the decision of said board or of the jflL^'f "<^^, „
3 commissioners appomted under section one hundred and forty that the R. l. 75, § so.
4 land described in the petition is a nuisance, may appeal therefrom to the
5 superior court, if, within twenty-four hours after notice of such decision,
6 he gives written notice to said board of his intention so to do, and within
7 seven days thereafter files a petition in the superior court stating his
8 grievance and the action of said board thereon, and enters into such
9 recognizance as said court shall order. Said court may hear and deter-
10 mine such appeal, pending which all proceedings by the board of liealth
11 relative to such nuisance shall be stayed.
1 Section 138. Whoever is aggrieved by such decision in the award ^SmlnT
2 of damages or in the determination of benefits accrued or in the appor- jss^, 338^^3.
3 tionment of the expense may, within three months after notice thereof, 1918,257
4 petition the superior court under chapter seventy-nine or chapter eighty, 1919, '5.
5 first giving one month's notice in writing to the mayor and aldermen or ^^^'^' ^"
6 selectmen of his intention so to do, and particularly specifying therein his
7 objections to said decision. Such petition shall otherwise be made in like
8 manner and the proceedings thereon shall be the same as in case of land
9 taken or betterments assessed under said chapters, respectively.
1 Section 139. Theboardshall, within thirtvdavs after the abatement Board to
<■•>
e return.
of such nuisance, make return of its doings to the town clerk, who shall J,*f'g>^°^||-
3 record them in the town records. R. l- 75, § 82.
1 Section 140. If the board unreasonably refuses or neglects to pro- Appointment of
2 ceed in the matter of said petition, the petitioner may apply to the ises, iV § 7.'
3 superior court, which, upon a hearing and for good cause shown, may r.l. 75, §83.
4 appoint three commissioners, who shall proceed in the manner provided
5 in sections one hundred and thirty-three to one hundred and thirty-nine,
6 inclusive.
1 Section 141. Whoever is aggrieved by the neglect or refusal of the AppHration
2 board of health to pass all proper orders abating a nuisance may apply commissioners.
3 to the county commissioners, who may hear and determine such appli- §§ i,'2.
4 cation and exercise in such case all the powers of such board. The 553b, 37.
5 applicant shall, within twenty-four hours after such neglector refusal, ^- ^- ^^' ^ 8*-
6 file with said board a written notice to the adverse party of his intention
7 so to apply, and within seven days shall present a petition to one of the
8 county commissioners, stating the grievances complained of and the
9 action of the board of health thereon.
1362
PUBLIC HEALTH.
[Chap. 111.
Costs and
expenses.
Award,
payment.
1866,211, § 3.
P. S. 80, § 38.
R. L. 75, § 85.
Section 142. Each county commissioner, when acting under the
preceding section, shall tax three dollars a day for time and five cents a
mile for travel to and from the place of meeting, which shall be paid into
the county treasury ; and such costs shall in the first instance be paid by
the applicant, and the commissioners may award that costs of the pro-
ceeding shall be paid by any party thereto.
Assignment
of places
for offensive
trades.
1692-3, 23, § 1.
1693, 13.
1710-11, 8, § 1,
1785. 1, § 1.
R. 8.21, §47.
1855, 391, § 1.
G. S. 26, § 52.
P. S. 80, I 84.
NOI.SOME TRADES.
Section 143. Boards of health may from time to time assign certain
places for the exercise of any trade or employment which is a nuisance
or hurtful to the inhabitants, injurious to their estates, dangerous to the
public health, or is attended by noisome and injurious odors, and may
prohibit the exercise thereof within the limits of the town or in places
not so assigned. Such assignments shall be entered in the records of the
town, and may be revoked when the board shall think proper.
R. L. 75, § 91.
16 Gray, 231.
8 Allen, 325.
11 Allen, 398.
97 Mass. 221.
116 Mass. 2.54.
135 Mass. 526.
151 Mass. 563.
181 Mass. 565.
183 .Mass. 491.
190 Mass. 442.
214 Mass. 587.
260 Mass. 544.
265 Mass. 520.
273 Mass. 177.
Revocation
by court.
1710-11, 8, § 2.
1785, 1, § 2.
R. S. 21, § 48.
G. S. 26, § 53.
P. S. 80, § 85.
R. L. 75, § 92.
Section 144. If a place or building so assigned becomes a nuisance 1
by reason of offensive odors or exhalations therefrom, or is otherwise 2
hurtful or dangerous to the neighborhood or to travelers, the superior 3
court may, on complaint of any person, revoke such assignment, pro- 4
hibit such further use of such place or building, and cause the nuisance 5
to be removed or prevented. 6
i799.^7sf§ 2. Section 145. Whoever is injured in the comfort or enjoyment of his 1
G i 26' 1 54' estate by such nuisance may recover in tort the damages sustained 2
p.s:8o:§86.' thereby. 3
R. L. 75, § 93.
Orders of
prohibition.
Penalty.
1855, 391, § 2.
G. S. 26, § 55.
P. S. 80, § 87.
R. L. 75, § 94.
8 Allen, 325.
116 Mass. 254.
190 Mass. 442.
Section 146. Orders of prohibition issued under section one hun- 1
dred and forty-three shall be served by an officer qualified to serve civil 2
process upon the occupant or person having charge of the premises 3
where such trade or employment is exercised, and the board shall take 4
all necessary measures to prevent such exercise. Whoever refuses or 5
neglects for twenty-four hours thereafter to obey the same shall forfeit 6
not less than fifty nor more than five hundred dollars. 7
Appeal from
order.
1855, 391, § 3.
G. S. 26, § 56.
ISfio, 263.
P. S. 80, § 88.
1883, 133.
1889, 193, § 1.
R. L. 75, § 95.
125 Mass. 182.
135 Mass. 526.
183 Mass. 491.
190 Mass. 442.
260 Mass. 544.
273 Mass. 177.
Section 147. Whoever is aggrieved by an order made under section 1
one hundred and forty-three or one hundred and fifty-two may, within 2
three days after service of the order upon him, give written notice of 3
appeal to the board, and file a petition for a jury in the superior court 4
in the county where the premises afTected are located, and, after notice 5
to the board, may have a trial in the same manner as other civil cases 6
are tried by jury. If by mistake of law or fact or by accident he fails 7
within said three days to apply as aforesaid, and if it appears to tiie court 8
that such failure was caused by such mistake or accident, and that he has 0
not, since the service of such order upon him, violated it, he may within 10
thirty days after the service of the order 111)011 him apply for a jury. 1 1
Section 148. Such trade or eniployinent sliall not be exercised con- 1
Trade not to
he exorcised
issT Mi'^'s 4 trary to the order while such proceedings are pending, unless specially 2
G. s.' 26, '§ 57. authorized by the board; and if so specially authorized all further 3
Chap. 111.] public health. 1363
4 proceedings by the board shall be stayed while such proceedings are p. s. so, 5 89.
5 pending. Upon any violation of the order, unless specially authorized u^l'. 73?'§ %'.
6 as aforesaid, the proceedings shall forthwith be dismissed.
1 Section 149. The verdict may alter, affirm or annul the order, and Ktr^t!''
2 shall be returned to the court for acceptance; and if accepted, shall ^**^|;|,?^'5y;
3 have the authority and effect of a valid order of the board, and may p. s. so,' § 90.'
4 also be enforced by the court in equity.
1S89, 193, § 2. R. L. 75, § 97. 273 Mass. 177.
1 Section 150. If the order is affirmed by the verdict, the board shall f^'H.ftl
2 recover costs to the use of the town; if it is annulled and the peti- Q^'lg'^^y;
3 tioner has not been specially authorized by said board to exercise such p^s. 8a^§ 9l
4 trade or employment during the proceedings, he shall recover damages r. l'. 75. '§ gs'.
5 and costs against the town; if it is annulled and the petitioner has
6 been specially authorized as aforesaid, or if it is altered, he shall not
7 recover damages, and the court may render judgment for costs in its
8 discretion.
1 Section 151. No person shall occupy or use a building for carrying slaughter
2 on the business of slaughtering cattle, sheep or other animals, or for a "J^S^ied°"
3 melting or rendering establishment, or for other noxious or offensive f6'92-3!°23^,' § 1.
4 trade and occupation, or permit or allow said trade or occupation to be \fi^lf; g, 5 j.
5 carried on upon premises owned or occupied by him, without first ob- J^^sj' ij §^1^.^
6 taining the written consent and permission of the mayor and city coun- isn, leV, § 1.
7 cil, or of the selectmen, or, in any town having a population of more p. s.'so. §92.
8 than five thousand, of the board of health, if any, of the town where the 1897; 428; 1 2.
9 building or premises are situated. This section shall not apply to any fos^v/at's.Visf
10 building or premises occupied or used for said trade or occupation on f," M^gg. 353,
11 May eighth, eighteen hundred and seventy-one; but no person who issMaas. 448.
12 used or occupied any building or premises on said date for said trades or
13 occupations shall enlarge or extend the same without first obtaining the
14 written consent and permission of the mayor and city council or the
15 selectmen, or, in any town having a population of more than five thou-
16 sand, of the board of health, if any.
1 Section 152. If any buildings or premises are so occupied or used, ^l"^^^!,^^l
2 the department shall, upon application, appoint a time and place for ^''^,f^^,\y
3 hearing the parties, and, after due notice thereof to the party against HH'Y'h^^-
4 whom the application is made and a hearing, may, if in its judgment r. s.'2i. §"43.
5 the public health, comfort or convenience so require, order any person §§_i,'2.
6 to desist from further carrying on said trade or occupation in such r's.'Io. '
7 buildings or premises; and no person shall thereafter continue so to ils^^'ioi', § 4.
8 occupy or use such buildings or premises. Whoever occupies or uses i^^^, we.
9 any building or premises in violation of this or the preceding section j^|5'^f;^g3''%2
10 shall forfeit not more than two hundred dollars for every month of such isi Mass. ses.
11 occupancy or use and in like proportion for a shorter time.
1 Section 153. The superior court may restrain the unauthorized oc- Restraint ot
-Pi-ii- • -J J offensive
2 cupancy, use or extension ot any building or premises occupied or used trades.
3 for the trades or occupations aforesaid, and enforce the orders of the 1374! 290!
4 department issued under the preceding section; but this and the two fjli^gh.
5 preceding sections shall not impair any other remedies against nuisances. fgsVaik. «8°'
1364
PXTBLIC HEALTH.
[Chap. 111.
111.
Killing and
rendering of
horses, etc.,
regulated.
Penalty.
1901, 134.
R. L. 75. i
1902, 116,
§§1.3.
1907, 243.
1912,608,
§§ 1,3.
1919, 350,
§§39,44.
185 Mass. 448,
Section 154. A person engaged in or desiring to engage in the 1
business of killing horses, or in the rendering of horses or other animals, 2
shall annually in March apply for a license to the board of health of the 3
town where such business is to be carried on. The application shall be in 4
writing and signed by the persons desiring to carry on such business, or, 5
if the applicant is a corporation, by a duly authorized officer thereof. G
It shall state the names in full and the addresses of all persons desiring to 7
carry on such business, or, if a corporation is the applicant, the names of 8
all its officers, and the street or other place where the business is to be 9
conducted. The board of health of a town may grant such licenses after 10
it is satisfied that the applicants have a suitable building and plant in a 11
situation approved by said board, and that they have suitable trucks or 12
wagons for the removal of dead animals. The license shall state the 13
name of the licensee, the situation of the building or establishment where 14
the business is to be carried on, and shall continue in force until April 15
first of the year next ensuing unless sooner revoked. The board of health 16
shall keep a record of such licenses granted by it, and shall notify the 17
director of animal industry of the granting of any such license, giving 18
the name and address of the licensee. The fee for a license shall not ex- 19
ceed one dollar, and a license may be revoked at any time by the board 20
of health. Licensees shall report to the director of animal industry, in 21
such form and at such times as he may order, every animal received by 22
them which is infected with a contagious disease. No unlicensed person 23
shall carry on the business of killing horses or of rendering horses or other 24
animals. So much of section thirty of chapter one hundred and twenty- 25
nine as provides that no person shall knowingly sell an animal with a 26
contagious disease shall not apply to any person who sells such animal 27
to a licensee under this section, if such animal is to be killed or rendered 28
at the establishment of such licensee. Whoever violates this section shall 29
be punished by a fine of not more than two hundred dollars or by im- 30
prisonment for not more than three months, or both. 31
Licenses for
stables in
cities and
certain towns.
1890, 230; 395.
1891, 220,
§§1,3.
1895, 213,
§§1.2.
1896, 332.
1897, 300, § 3.
R. L. 102, § 69.
1912, 486.
210 Mass. 378.
STABLES.
Section 155. No person shall erect, occupy or use for a stable any 1
building in a city, or in a town having more than five thousand inhab- 2
itants, unless such use is licensed by the board of health, and, in such 3
case, only to the extent so licensed. This section shall not prevent any 4
such occupation and use authorized by law on May fourth, eighteen 5
hundred and ninety-five, to the extent and by the person so authorized, 6
but the board of health of such a city or town may make such regu- 7
lations or orders as, in its judgment, the pubUc health requires relative 8
to drainage, ventilation, size and character of stalls, bedding, number of 9
animals and storage and handling of manure in any stable in its city 10
or town. 11
Stables in
vicinity of
churches
regulated.
1891, 220,
§§ 1-3.
R. L. 102, § 70.
Section 156. No person shall in a city occupy or use a building 1
for a livery stable, or a stable for taking or keeping horses and carriages 2
for hire or to let, within two hundred feet of a church or meeting house 3
erected and used for the public worship of God, without the written 4
consent of the religious society or parish worshipping therein; but this 5
section shall not prevent such occupation and use if authorized by law 6
on May seventeenth, eighteen hundred and ninety-one, to the extent 7
then authorized. 8
Chap. 111.] public health. 1365
1 Section 157. Whoever violates any provision of the two preceding Penalty.
2 sections or of a re<;ulation or order made thereunder sliall be punished isos^Sis! §3!
3 by a fine of five dollars for each day such \-iolation continues. '^' ^' ^°^' ^ ^''
1 Section 158. The selectmen of towns having a population of five Licenses for
2 thousand or less may license suitalile persons to keep more than four snmiudwns.
3 horses in specified buildings or places within their respective towns, Hsl] \ll[
4 and may revoke such licenses at pleasure. Whoever, not being licensed cP|.'||"§32.
5 as aforesaid, occupies or uses a building or place for a stable for more }'g|jj o^o'-^s^ls
6 than four horses shall forfeit not more than fifty dollars for every month is9!!22o.' §4. '
7 he so occupies or uses such building or place, and in like proportion for isg?! 428.' § 2.'
8 a shorter time. The superior court may restrain the erection, occupancy §§ 71, 72.'
9 or use of stables contrary to this section or section one hundred and \ll mSsI 409.
10 fifty-five or one hundred and fift\-six.
166 Mass. 83. 167 Mass. 380. 168 Mass. 76. 210 Mass. 378.
WATER SUPPLY.
1 Section 159. The department shall have the general oversight and fnland wSers'
2 care of all inland waters and of all streams and ponds used by any s|\%^'^'''
3 city, town, water supply or fire district or public institution or by any ll**^,^^^'
4 water or ice company in the commonwealth as sources of ice or water isoo, 441, § 1.
5 supply and of all springs, streams and watercourses tributary thereto, r. i.'. 75,'
6 It shall be provided with maps, plans and documents suitable for such il/g.^ssa^j 96.
7 purposes, and shall keep records of all its transactions relative thereto. ^^^ ^'^^^- ^*^'
S It shall give notice to the attorney general of any violation of law relative
9 to the pollution of water supplies and inland waters.
1 Section 160. The department may cause examinations of such Examination
2 waters to be made to ascertain their purity and fitness for domestic suppty"
3 use, or the possibility of their impairing the interests of the public or p^nafiy for
4 of persons lawfully using them or of imperilling the public health. It jgsg''27"4 § 2
5 may make rules and regulations to prevent the pollution and to secure J|8*. 375. § 2.
6 the sanitary protection of all such waters used as sources of water §§ us.
7 supply. It may delegate the granting and withholding of any permit §Vi.6.
8 required by such rules or regulations to state departments, boards and §§ us. 122.
9 commissions and to selectmen in towns, and to boards of health, water \l%[ l%\ § gg
10 boards and water commissioners in cities and towns, to be exercised by ]*■' ^Hf ||^-
11 such selectmen, departments, boards and commissions, subject to such Fq-^'^^q®-
12 recommendation and direction as shall be given from time to time by 403.
13 the department; and upon complaint of any person interested, the depart-
14 ment shall investigate the granting or withholding of any such permit,
15 and make such orders relative thereto as it may deem necessary for the
16 protection of the pulilic health. Whoever violates any such orders,
17 rules or regulations shall be punished by a fine of not more than five
18 hundred dollars, to the use of the commonwealth, or by imprisonment for
19 not more than one year, or both.
1 Section 161. The publication of an order, rule or regulation made ^^"J^"?^^
2 by the department under the preceding or the following section in a of rule. etc.
3 newspaper of the town where such order, rule or regulation is to take r. l'. 75, '
4 efi'ect or, if no newspaper is published in such towm, the posting of a ^ "*•
5 copy of such order, rule or regulation in a public place therein shall
6 be legal notice to all persons; and an affidavit of such publication or
1366
PUBLIC HEALTH.
[Chap. 111.
posting by the person causing such notice to be published or posted, 7
filed and recorded, with a copy of the notice, in the office of the town 8
clerk, shall be admitted as evidence of the time when and the place 9
and manner in which the notice was given. 10
Removal
of causes of
pollution.
Damages.
Penalty for
violation
of order.
1S90, 441,
§§ 2, 5, 7.
1897, 510.
§§3,6,9.
R. L. 75,
§§ 118, 122.
1919, 350, § 96.
189 Mass. 247.
4 Op. A. G. 403.
Section 162. Upon petition to the department by the mayor of 1
a city or the selectmen of a town, the managing board or officer of any 2
public institution, or by a board of water commissioners, or the presi- 3
dent of a water or ice company, stating that manure, excrement, 4
garbage, sewage or any other matter pollutes or tends to pollute the 5
waters of any stream, pond, spring or watercourse used by such city, 6
town, institution or company as a source of water supply, the depart- 7
ment shall appoint a time and place within the county where the nui- 8
sance or pollution is alleged to exist for a hearing, and after notice 9
thereof to parties interested and a hearing, if in its judgment the public 10
health so requires, shall, by an order served upon the party causing or 11
permitting such pollution, prohibit the deposit, keeping or discharge 12
of any such cause of pollution, and shall order him to desist therefrom 13
and to remove any such cause of pollution; but the department shall 14
not prohibit the cultivation and use of the soil in the ordinary methods 15
of agriculture if no human excrement is used thereon. The department 16
shall not prohibit the use of any structure in existence on June eleventh, 17
eighteen hundred and ninety-seven, upon a complaint made by the board 18
of water commissioners of any to^vn or by any water or ice company unless 19
such board of water commissioners or company files with the depart- 20
ment a vote of its city council, selectmen or company that such towTi or 21
company will at its own expense make such changes in said structure or 22
its location as said department shall deem expedient. Such vote shall be 23
binding on such town or company. All damages caused by such changes 24
shall be paid by such town or company; and if the parties cannot agree 25
thereon, the damages may be reco\'ered under chapter seventy-nine. 26
Whoever violates such an order shall be punished by a fine of not more 27
than five hundred dollars, to the use of the commonwealth, or by imprison- 28
ment for not more than one year, or both. 29
Appeal from
order.
1890, 441, § 3.
1897, 510, § 4.
R. L, 75, § H9.
1919, 350, § 96.
186 Mass. 330.
189 Mass. 247.
Section 163. Whoever is aggrieved by an order made under the
preceding section may appeal therefrom as provided in section one hun-
dred and forty-seven; but such notice as the court shall order shall also
be given to the board of water commissioners and mayor, or chairman of
the selectmen, or president or other officer of the water or ice company
interested in such order. While the appeal is pending the order of the
department shall be complied with, unless otherwise authorized by it.
Section 164. The supreme judicial or superior court, upon the appli-
cation of the department or of any party interested, may enforce the
Enforcement
of law.
1890, 441, 5 4.
R. l'. 75, '§120. orders, rules and regulations of said department, and restrain the use or
■ occupation of the premises or such portion thereof as said department
may specify on which the material is deposited or kept, or such other
cause of pollution exists, until the orders, rules and regulations of the
department have been complied with.
prmnL™ Section 165. Tlic agents and servants of the department may 1
how an"™-"""' ^"<^c"'' ^^y building, structure or premises to ascertain whether sources 2
tioned. etc. of pollution or danger to the water supply there exist, and whether 3
Ch.'VP. 111.] PUBLIC HEALTH. 1367
4 the rules, regulations and orders aforesaid are obeyed. Their com- i897, 510, § 2.
5 pensation for services rendered in connection with proceedings under 1919,' 356.
(i section one hundred and sixty-two shall be fixed by the department, 5§52, 03, 96.
7 and shall in the first instance be paid by the commonwealth; but the
8 whole amount so paid shall, at the end of each year, be justly and
9 equitably apportioned by the commissioner of corporations and taxation
10 between such towns or companies as, during said year, have instituted
11 said proceedings, and may be recovered in an action by the state treas-
12 urer, with interest from the date of demand.
1 Section 16G. The seven preceding sections shall not apply to the .\ppiication
2 Connecticut river. The four preceding sections and so much of sections sectS'''"^
3 one hundred and fifty-nine to one hundred and sixty-one, inclusive, as 'isgol^Mi, §6.
4 refers to domestic water supplies shall not apply to the Merrimack river, ]^^l- yl^^W^
5 or to so much of the Concord river as lies within the limits of Lowell, j-jjo. |50.
6 or to springs, streams, ponds or watercourses over which the metro- § 123.
7 politan district commission has control.
1 Section 167. No sewage, drainage, refuse or polluting matter, of Protection of
., , .irt • . .1 sources oi
2 such kind and amoimt as either by itself or in connection with other «-ater supply.
3 matter will corrupt or impair the quality of the water of any pond §§i,'2.
4 or stream used as a source of ice or water supply by a town, public i896, 202, § 1'.
5 institution or water company for domestic use, or render it injurious iss^Ma^.^a*'
6 to health, and no human excrement, shall be discharged into any such HI Hm- ^g^;
7 stream or pond, or upon their banks if any filter basin so used is there
8 situated, or into any feeders of such pond or stream within twenty
9 miles abo\e the point where such supply is taken.
1 Section 1G8. The preceding section shall not destroy or impair Prescriptive
2 rights acquired by legislative grant prior to July first, eighteen hundred unaffected.'
3 and seventy-eight, or destroy or impair prescriptive rights of drainage ofTrecedT^g
4 or discharge to the extent to which they lawfully existed on that date; f^;,'',-t°d
5 nor shall it be applicable to the INIerrimack or Connecticut rivers, or to p^^lgo^igy'
G so much of the Concord river as lies within the limits of Lowell. R- l- 75, § 125.
1 Section 169. The supreme judicial or superior court, upon applica- injunction
2 tion of the mayor of a city, the selectmen of a town, the managing board TutiOT of"
3 or officer of a public institution, or a water or ice company which is inter- iss^fM.^u.
4 ested, may enjoin the \iolation of section one hundred and sixty-seven, jj^^^'. 75"'§\26.
133 Mass. 22s. 139 Mass. 183. 219 Mass. 287.
1 Section 170. Whoever wilfully and maliciously defiles or corrupts Defilement of
2 any spring or other source of water, or reservoir, or destroys or injures sour"! of
3 any pipe, conductor of water or other property pertaining to an aqueduct, penluzed"!'
4 or aids or abets in any such trespass, shall be punished by a fine of not }?*^- fee.S^e.
5 more than one thousand dollars or by imprisonment for not more than ^^ ^ 75*'/i27
6 one year.
1 Section 171. \Yhoever wilfully deposits excrement or foul or decay- wiuui cor-
2 ing matter in water used for domestic water supply, or upon the shore sources of
3 thereof within fi\'e rods of the water, shall be punished by a fine of not praaulwF." ^
4 more than fifty dollars or by imprisonment for not more than one l^'I'los. § s.
5 month. A police officer or constable of a town where such water is R- l- 75, § 12s.
6 wholly or partly situated, acting within the limits of his town, and any
1368
PXJBLIC HEALTH.
[Chap. 111.
executive officer or agent of a water board, board of water commis- 7
sioners, public institution or water company furnishing water or ice 8
for domestic purposes, acting upon the premises of such board, in- 9
stitution or company and not more than fi\-e rods from the water, may 10
without a warrant arrest any person found in the act of violating this 11
section, and detain him until a complaint can be made against him 12
therefor. But this section shall not interfere with the sewage of a town 13
or public institution, or prevent the enrichment of land for agricultural 14
purposes by the owner or occupant thereof. 15
Bathing in
sources of
water supply
penalized.
1884. 172.
Section 172. Whoever bathes in a pond, stream or reservoir the 1
water of which is used for domestic water supply for a town shall be pun- 2
ished by a fine of not more than ten dollars. 3
R. L. 75, § 129.
Protection of
domestic water
supplv.
1908, 539.
Section 173. Any police officer or constable of a town where any 1
pond, stream or reservoir used for domestic water supply is wholly or 2
partly situated, acting within the limits of his town, and any executive 3
officer of a water board, board of water commissioners, public institu- 4
tion or water company, furnishing water for domestic purposes, or agent 5
of such water board, board of water commissioners, public institution 6
or water company, duly authorized in writing by such board, institu- 7
tion or company, acting upon the premises of such board, institution 8
or company and not more than five rods from the water for such supply 9
may, without a warrant, arrest any person found in the act of bathing 10
in a pond, stream or reservoir the water of which is used for the purpose 11
aforesaid, and detain him in some convenient place until a complaint 12
can be made against him therefor. 13
Driving on SECTION 174. Wlioevcr, not being engaged in cutting or harvesting 1
ice on ponds ' ii,. 'i i- p
used for water ice, or in hauling logs, wood or lumber, drives any animal on the ice of 2
penalized. a poud or Stream used for domestic water supply for a town shall be 3
PS.' 80, ■ punished by a fine of not more than fifty dollars or by imprisonment 4
R. h.\b°li3o. for not more than one month. 5
Prevention of
defilement
by gulls or
terns of waters
used for
domestic
water supplv.
1931, 21, § 1.
Seciton 174A. In order to preserve the purity and prevent the 1
pollution of the waters of any reservoir, pond, stream or standpipe used 2
for domestic water supply by the metropolitan water district or by a 3
town, water supply or fire and water district, public institution or water 4
company, the public board or commission, or the governing board in case 5
of a water company, ha\'ing control of such waters may authorize one or 6
more of its employees, so far as permissible under federal law, to take 7
such reasonable means and use such appliances and weapons as, in the 8
judgment of such ])ublic board or commission, or governing board, as 9
the case may be, will prc\ent the tlefilement of said waters by gulls or 10
terns, any provision of chapter one hundred and thirty-one to the con- 11
trary notwithstanding. Every such public board or commission and 12
governing board shall keep an accurate account of all birds killed by its 13
employees under auth()rit\- of this section and submit such account to 14
the director of the (li\isi()ii of fisheries and game of the department of 15
conservation at such times anil covering such periods as he may prescribe. 16
Chap. 111.] public health. 1369
PROTECTION OF CHARLES RIVER.
1 Section 175. The department may make reasonable orders, having Protection of
2 due regard to the particular circumstances of each case, prohibiting, limit- tJom poiMon.
3 ing or regulating the entrance or discharge into the Charles river or its {920] llf.
4 tributaries of such sewage, waste, refuse or other substances as are in-
5 jurious to the public health. Before making any such order the depart-
6 ment shall, after due notice to the owner of the premises or the person,
7 corporation, city or town discharging or permitting the entrance of such
8 sewage, waste, refuse or other substance into said river or any tributary
9 thereof hold a hearing, and thereafter shall make, in connection with
10 any order issued by it, specific findings of fact and a recommendation
lias to the best practicable and reasonably available means of avoiding the
12 pollution in respect to which the order is issued. The findings of fact
1.3 shall be prima facie evidence in any proceedings to enforce such order.
14 The supreme judicial or superior court shall have jurisdiction in equity,
15 if they find that entrance or discharge of any such sewage, waste, refuse
16 or other substances into said river or any tributary thereof, is injurious
17 to the public health, to enforce or modify any order made unfler this
IS section, and to enjoin such entrance or discharge. Proceedings to enforce
19 any such order or to obtain such an injunction shall be instituted and
20 prosecuted by the attorney general at the relation of the department.
21 Nothing in this section shall be held to prevent the flow into the said
22 river or any tributary thereof of surface drainage from occupied lands
2.3 or streets or the discharge from drains designed for the disposal of sur-
24 face water and ground drainage, provided that no sewage or other waste
25 is mingled therewith, nor shall it be held to interfere with the cultiva-
26 tion and use of the soil in the ordinary methods of agriculture. Nor
27 shall this section affect any powers of the metropolitan district com-
28 mission under section thirty-nine or seventy-six of chapter ninety-two.
QUARANTINE.
1 Section 176. A town may establish a quarantine ground in a suit- Quarantine
2 able place within its limits, or, with the previous consent of another r°s"2i',
3 town, within the limits thereof. Two or more towns may in like man- q^ I'^'al?'
4 ner join in establishing such quarantine ground for their common use. ^§32, 33.
p. S. 80, §§ 62, 63. R. L. 75, § 131.
1 Section 177. The board of health in a seaport may from time to Quarantine
2 time establish the quarantine to be performed by vessels arriving within isPic^l'^re.
3 its harbor, and may make quarantine regulations for the health and f^ w-h.
4 safety of the inhabitants, which shall apply to all persons, goods and ^534^3^6.
5 effects arriving in such vessels and to all persons who for any purpose ?j|^g^
6 may visit the same. Whoe\'er violates any such regulation shall forfeit R- l- 75. § i32.
7 not less than five nor more than five hundred dollars.
1 Section 178. Such board may at any time cause a vessel arriving Quarantine
2 in port, if such vessel or its cargo is, in its opinion, foul or so infected "•esseir"*'
3 as to endanger public health, to be removed to the quarantine ground r*'|: 21.' § 32.
4 and thoroughly purified at the expense of the owners, consignees or p | 26, § 37.
5 persons in possession thereof; and may cause all persons arriving in R. l. 75, § 133.
6 or for any purpose visiting such vessel, or handling the cargo, to be
1370
PUBLIC HEALTH.
[Chap. 111.
removed to any hospital under the care of the board, there to remain 7
under its orders. 8
Person re-
fusing to
answer ques-
tions relating
to infections,
etc.. penalized.
1797, 16, § 9.
R. S. 21. § 33.
G. S. 26, § 38.
P. S. 80, § 68
R. L. 75, ■
Section 179. Whoever belongs to or arrives in a vessel on board of 1
which any infection then is or has lately been, or is suspected to have 2
been, or which has been at or has come from a port where an infectious 3
distemper prevails which may endanger public health, and refuses to 4
answer on oath, to be administered by any member of the board, ques- 5
m. tions relating to such infection or distemper asked by the board of G
health of the town to which such vessel may come, shall forfeit not 7
more than two hundred dollars. 8
Payment
of quarantine
expenses.
1816, 44, § 6.
R. S. 21, § 34.
Section 180. Expenses incurred on account of any person, vessel 1
or goods under quarantine regulations shall be paid by the owner of 2
such vessel. 3
G. S. 26, § 39.
P. S. 80, § 69.
1893, 79.
R. L. 75, § 135.
120 Mass. 96.
144 Mass. 523.
Boards of
health to
enforce
vaccination.
Penalty.
1809, 116, § 2.
R. S. 21. § 45.
1855, 414,
§§3,4, 6.
VACCINATION.
Section 181. Boards of health, if in their opinion it is necessary 1
for public health or safety, shall require and enforce the vaccination and 2
revaccination of all the inhabitants of their towns, and shall provide 3
them with the means of free vaccination. Whoever refuses or neglects 4
to comply with such requirement shall forfeit five dollars. 5
G. S. 26, §§ 28, 29. R. L. 75, § 137.
P. S. 80, §§ f,2. S3. 1902, 190, § 1.
1894, 515, §§3, 4.
183 Mass. 242.
197 U. S. 11.
Inmates of
factories,
etc., to be
vaccinated.
1855, 414,
§§5,6.
G. S. 26, § .30.
P. S. 80, § 54.
1894, 515, § 5.
1898, 433, § 23.
R. L. 75, § 138.
1931.426,
§219.
Op. A. G.
(1920) 54.
Section 182. The board of health of a town where any incorporated 1
manufacturing company, infirmary, training or industrial school, hospital 2
or other establishment where the poor or sick are received, prison, jail or 3
house of correction, or any institution supported or aided by the common- 4
wealth, is situated may, if it decides that it is necessary for the health of 5
the employees or inmates or for the public safety, require the authorities 6
of said establishment or institution, at the expense thereof, to cause all 7
said employees or inmates to be vaccinated. 8
Exemptions.
1894. 515, § 2.
R L. 75, § 139.
1902, 190, § 2;
544, §§ 10, 35.
238 Mass. 528.
Section 183. Any person over twenty-one presenting a certificate, 1
signed by the register of a probate court, that he is under guardianship 2
shall not be subject to section one hundred and eighty-one; and any child 3
presenting a certificate, signed by a registered physician designated by 4
the parent or guardian, that the physician has at the time of giving the 5
certificate personally examined the child and that he is of the opinion 6
that the physical condition of the child is such that his health will be 7
endangered by vaccination, shall not, while such condition continues, be 8
subject to the two preceding sections. 9
County
bacteriological
laboratories.
1913. 328.
1914, 792, 5 1.
1919, 350, § 96
MISCELLANEOUS PROVISIONS.
Section 184. In order to better preserve public health and secure
greater accuracy in the diagnosis of communicable diseases, county com-
missioners may establish and maintain bacteriological laboratories,
or provide such laboratory facilities for their rcspecti\e comities as they
deem ad\-antageous, and may expend necessary sums therefor. No
Chap. 111.] public health. 1371
6 expenditures shall he made under this section until the laboratories or
7 the laboratory facilities established or provided in accordance herewith
8 have been inspected and approved by the department.
1 Section 185. The proprietor or manager of any place of public Certain ap-
2 amusement or other j^lace where there are provided for public use and drsinfected,''^
3 entertainment mutoscopes or any other machine or apparatus of such fgos, sgi, 5 1.
4 nature that the person using the same breathes or speaks into it, or,
5 to see or hear, holds any part thereof in contact with or near to his
6 eyes or ears, shall disinfect the same, in such manner as shall be ap-
7 proved by the board of health, at least twice during such hours, in every
8 t\\ cnty-four hours, as the machine or apparatus is otl'ered fol- use by the
9 public. This section shall not apply to telephones.
1 Section 18fi. No person shall provide for public use or entertain- Use of certain
, »,,. 11 I'll- J. machines
2 ment m any place of public amusement or other place ot public resort penalized.
'.} any so-called lung testing machine or similar contrivance the use of §'§2,' 3. '
4 which requires the application of any part thereof to the lips. Violations
5 of this or the preceding section shall be punished by a fine of not more
6 than twenty-five dollars.
1 Section 187. The supreme judicial or superior court, upon the appli- 'ff"',°;;«j^™*
2 cation of the board of health of a town, may enforce the orders ot said °1^}^^p^^''-
3 board relative to public health. Sections thirty-four and thirty-five of §§'i,'2.
4 chapter two hundred and fourteen shall apply to such cases; but a jury r. l'. 75, § 141.
5 may be summoned under said sections, if there is no sitting of the court, "^^ '^''""' *'^-
6 within one month after issues have been framed.
1 Section 188. Fines and forfeitures incurred under the general laws, Disposition of
2 the special laws applicable to a town, or the ordinances, by-laws and forfdt^ea.
3 regulations of a town, relative to health, shall enure to the use of such fsw, lii.S*?'.
4 town except where the forfeiture is incurred by said town.
G. S. 26, § 50. R. L. 75. 5 55. 153 Mass. 211.
P. S. 80, § 81. 5 Gush. 408.
1 Section 189. Unless the context otherwise requires, the provisions of '^^Xm^^""
2 this chapter shall apply to cities so far as consistent with their several ^""^"l^ ^go
3 charters.
p. S. 80, § 106. R- L. 75, § 140.
1372
REGISTRATION OF CERTAIN PROFESSIONS, ETC. [ChaP. 112.
CHAPTER 112.
REGISTRATION OF CERTAIN PROFESSIONS AND OCCUPATIONS.
Sect,
supervision op boards by director.
1. Certain duties of the director of reg-
istration.
EEGISTRATION OP PHYSICIANS AND 6UR-
Examination and registration of phy-
sicians. Revocation of certificate,
reissue, etc.
Board may accept certificate in lieu
of examination. Fee.
Examinations.
Records. Annual report.
Investigation of complaints.
Penalties.
Application limited.
Certificate of registration to be re-
corded before practice. Proce-
dure. Penalties.
Limited registration of internes, etc.
Registration of students for Umited
practice of medicine.
Medicine and its practice to apply
to and include osteopathy and its
practice.
Certain acts by certain registered os-
teopaths prohibited. Penalty.
Disclosure of certain information by
registered physician not slander or
libel.
Reports of treatment of certain
wounds, etc., caused by firearms.
Exceptions. Penalty.
2A.
3.
4.
5.
6.
7.
8.
9.
9A.
10.
11.
12.
12A.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
EEGISTRATION OP CHIROPODISTS.
Chiropody defined. Application of
§§ 13-23 limited.
Certain acts prohibited unless person
registered.
Board to prepare and distribute cer-
tain forms and to hold examina-
tions.
Granting of certificates of registra-
tion to chiropodists. Renewal.
Examinations.
Board shall refuse to issue certificate,
and m.ay revoke it, in certain cases.
"Unprofessional conduct" defined.
Suspension.
Local registration.
Penalties.
Payment of expenses.
REGISTRATION OP PHARMACISTS.
Examination of pharmacists for regis-
tration. Certificates, Reciproc-
ity certificates.
Sect.
25. Records. Annual report.
26. Exhibit of certificate.
27. Hearing on applications and com-
plaints.
28. Effect of decision.
29. Suspension.
30. Penalty for unlawful sale of drugs,
etc. Limited appUcation of this
section.
31. Proprietor, etc., to put his name on
signs and labels.
32. Investigation of complaints.
33. Access to documents.
34. Certificate of conviction of pharma-
cist to be sent to board.
35. Application of certain laws re-
stricted.
36. Business of deceased or incapacitated
registered pharmacist may be con-
tinued, etc.
registering and licensing stores fob
transacting retail drdq business.
37. "Drug business" defined.
38. Transaction of retail drug business
regulated.
39. Registration, permits, fee, etc.
40. Registration and permit may be sus-
pended or revoked, etc.
41. Penalty.
42. Expenditures authorized.
43.
44.
45.
45A.
46.
47.
48.
49.
50.
51.
52.
53.
REGISTRATION OF DENTISTS.
Powers and duties of board of dental
examiners. Records. Annual re-
port.
Office addresses of registered den-
tists to be furnished to board.
Fees, lists, etc.
Examination and registration of den-
tists.
Examination and registtation of den-
tal internes.
"Reputable dental college" defined.
Examination.
Reciprocity certificate.
Dental office to be operated under
name of owner.
"Practicing dentistry" defined.
Dental hygienist. Qualification, reg-
istration, etc.
Penalties.
Application of §§ 43-52 limited.
REGISTRATION OP VETERINARIANS.
54. Board may make by-laws and rules.
Chap. 112.] registration of certain professions, etc.
1373
Sect.
55.
56.
57.
58.
59.
60.
Examination and registration of vet-
crinarian.s.
Examinations.
Register. Annual report. Investi-
gation of complaints.
Practice of veterinary medicine de-
fined.
Penalty.
Application of §§ 54-59 limited.
GENERAL PROVISIONS RELATIVE TO THE
BOARDS OF REGISTRATION IN MEDICINE,
PHARMACY AND VETERINARY MEDICINE,
AND THE BOARD OF DENTAL EXAMINERS.
61.
62.
63.
64.
65.
66.
67.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
Boards of registration in medicine,
etc., may suspend, etc., certifi-
cates, etc.
Hearings.
Pendency of action before criminal
court no ground for delay, or \-ice
versa.
Revision of suspension, etc., of certifi-
cate, etc., by supreme judicial
court.
Penalty for practicing while certifi-
cate, etc., suspended, etc.
REGISTRATION OF OPTOMETRISTS.
Practice of optometry defined.
Board of registration. Records,
rules, report.
Examination and registration of op-
tometrists. Fees.
Annual license fee.
Certificate of registration to be re-
corded before practice. Display,
etc.
Revocation or suspension.
Penalty.
Application of §§ 66-72 limited.
REGISTRATION OF NURSES.
Examination and registration
nurses.
Examinations.
Reciprocity registration.
Investigation and report
plaints.
Records. Annual report.
Rules and regulations.
Penalties.
Application of §§ 74-80 limited
of
on com-
Sect.
82.
S3.
84.
85.
86.
87.
REGISTRATION OF EMBALMERS.
Examination and registration of em-
balmers, etc. Renewal, etc.
Rules and regulations.
Records. Annual report.
Complaints to be investigated.
Certificate to be conspicuously dis-
played.
Person not registered prohibited from
engaging in embalming. Excep-
tions. Penalty.
REGISTRATION OF CERTIFIED PUBLIC AC-
COUNTANTS.
Powers and duties of board of regis-
tration. Records. Annual report.
Examinations. Fees.
Registration and certificate.
Authority to registered public ac-
countant to style him.seLf "Certi-
fied Public Accountant".
Use of designation restricted. Pen-
alty.
87A.
S7B.
S7C.
87D.
87E.
87F.
87G.
87H.
871.
87J.
87K.
87L.
87M.
87N.
S70.
87P.
87Q.
87R.
87S.
REGISTRATION OF BARBERS.
Definitions.
Examinations. Records. Registers.
Annual report.
Prerequisites to registration. Cer-
tificate. Temporary permit.
Apprentices and students.
Card or insignia; display, renewal,
effect of failure to renew.
Rules and regulations. Entry into
shops. Inspections, etc. Quar-
antine.
Suspension, etc., of certificate of
registration regulated. Issuance of
new certificate.
Hearings.
Appeals.
Fees; payment, disposition.
Barber schools or colleges.
Certificates of registration; term,
renewal, deferred renewal.
General penalty.
Application of §§ 87F-87R limited.
GENERAL PROVISIONS AS TO ALL STATE
BOARDS OF REGISTRATION OR EXAMINA-
TION.
88. Issue of certified statements and du-
plicate certificates.
SUPERVISION OF BOARDS BY DIRECTOR.
1 Section 1. The director of registration shall supervise the work of J^'^^'ofthg
2 the several boards of registration and e.xamination included in the divi- director of
3 sion of registration of the department of civil service and registration. i9i9, sso, § 67.
4 He shall recommend changes in the methods of conducting examinations
5 and transacting business, and shall make such reports to the governor
6 and council as they may require or he may deem expedient.
1374
REGISTRATION OF PHYSICIANS AND SURGEONS. [ChAP. 112.
Examination
and registration
of piiysicians.
Revocation of
certificate,
reissue, etc.
1894, 458,
§§4,8.
1896, 230,
§§1-3.
1897, 196.
1901, 467, § 2.
R. L. 76, § 3.
1913, 346.
1915, 293.
1917, 55, § 1.
1918,85, § 1;
257, § 285.
1919,5,
1920, 2.
1922, 340. § 1.
1924, 239, § 3.
1931. 426,
§ 220.
196 Mass. 326.
251 Mass. 2.83.
4 Op. A. G. 407.
Op. A. G.
(1920) 140.
REGISTR.1TI0N OF PHYSICI.ANS AND SURGEONS.
Section 2. Applications for registration as qualified physicians,
signed and sworn to by the applicants, shall be made upon blanks fur-
nished by the board of registration in medicine, herein and in sections
three to twenty-three, inclusive, called the board. Each applicant, who
shall furnish the board with satisfactory proof that he is twenty-one or
over and of good moral character, that he possesses the educational quali-
fications required for graduation from a public high school, and that he
has received the degree of doctor of medicine, or its equivalent, either
from a legally chartered medical school having the power to confer degrees
in medicine, which gives a full four years' course of instruction of not less
than thirty-six weeks in each year, or from any legally chartered medical
school having such power, if such applicant was, on March tenth, nine-
teen hundred and seventeen, a matriculant thereof, shall, upon payment
of twenty-five dollars, be examined, and, if found qualified by the board,
be registered as a qualified physician and entitled to a certificate in testi-
mony thereof, signed by the chairman and secretary. An applicant failing
to pass an examination satisfactory to the board shall be entitled within
one year thereafter to a re-examination at a meeting of the board called
for the examination of applicants, upon payment of a further fee of three
dollars; but two such re-examinations shall exhaust his privilege under
his original application. The board, after hearing, may re\oke any certifi-
cate issued by it and cancel the registration of any physician convicted
of a felony ; or, after hearing, may revoke any certificate issued by it and
cancel for a period not exceeding one year, the registration of any physi-
cian, who has been shown at such hearing to have been guilty of gross and
confirmed use of alcohol in any of its forms while engaged in the practice
of his profession, or of the use of narcotic drugs in any way other than for
therapeutic purposes; or of abuse of the authority granted in section
two hundred and nine A of chapter ninety-four; or of publishing or caus-
ing to be published, or of distributing or causing to be distributed, any
literature contrary to section twenty-nine of chapter two hundred and
seventy-two ; or of acting as principal or assistant in the carrying on of the
practice of medicine by an unregistered person or by any person convicted
of the illegal practice of medicine or by any registered physician whose
license has been revoked either permanently or temporarily ; or of aiding
or abetting in any attempt to secure registration, either for himself or for
another, by fraud; or, in connection with his practice, of defrauding or
attempting to defraud any person. The board may subsequently, but not
earlier than one year thereafter, reissue any certificate formerly issued
by it or issue a new certificate, and register anew any physician whose
certificate was revoked and whose registration was cancelled.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
IS
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Board may
accept certifi-
cate in lieu
of examina-
tion. Fee.
1923, 13.
Section 2A. In determining the qualifications necessary for regis-
tration as a c{ualified physician, the board may at its discretion accept the
certificate of the National Board of Medical Examiners of the United
States, chartered under the laws of the District of Columbia, in place of
and as equi\alcnt to its own professional examination; but before regis-
tration in pursuance of this section the applicant therefor shall pay a fee
of twenty-five dollars.
i8iM?458,'T9. Section 3. Examinations shall be in whole or in part in writing, in 1
1901,467, 5 1. English, shall be of a scientific and practical character, siiall include the 2
Chap. 112.] registration of physici.ins and surgeons. 1375
3 subjects of anatomy, surgery, chemistry, biology, physics, physiology, fg,^- Jf^.^^'^g
4 pathology, obstetrics, gynecology, psychiatry, practice of merlicinc and 1922: 340,' § 2.'
5 hygiene and shall be sufficiently thorough to test the applicants' fitness '^® ^^^'"'' ^^^'
6 to practice medicine. The board may employ expert assistance in con-
7 ducting hospital and laboratory tests.
1 Section 4. The board shall keep a record of the names of all persons Records.
2 registered by it and of all money received and disbursed by it, and a i8<)4"458!''§'6.'
8 duplicate thereof siiall be open to inspection in the office of the state fois.lf?,^^'
4 secretary. The board shall make an annual report, including a state- fg'ig'^'s.
5 ment of the condition of medicine and surgery in the commonwealth. i^^o, 2.
1 Section 5. The board shall investigate all complaints of the violation investigation
2 of any provision of sections two to twenty-three, inclusive, or of section ism, 4.58, § 7.
3 sixty-five, so far as it relates to medicine or chiropody, and report the i9i7,' 202,^^13.
4 same to the proper prosecuting officers.
Op. A. G. (1920) 315.
1 Section 0. Except as provided in section sixty-five, whoever, not Penalties.
2 beins lawfullv authorized to practice medicine within the commonwealth mi^. 412!
.^ 1 • "i 1 ^- \ 1- • • C r lS9(i, 230, § 4.
3 and registered under section two, or corresponding provisions 01 earlier 1901, 467, § 3.
4 laws, or under section one or two of chapter five humlred and twenty- fm?; Is,' 1 1.'
5 six of the acts of nineteen hundred and nine, holds himself out as a fiij^^'^'
(i practitioner of medicine or practices or attempts to practice medicine in j-J's. 5-
7 any of its branches, or whoever practices medicine under a false or ijl?^! 137.
8 assumed name or under a name other than that bv which he is registered, 195 Mass: 443.
„ , , ^1 J.-J.- 1 .t- 196 Mass. 326.
9 or whoever personates another practitioner, or wnoe\'er practices or 199 Mass. ass.
10 attempts to practice any fraud in connection with the filing of an appli- 'iV^ Mass! isl:
11 cation, or whoever files an application under a false or assumed name ||? Mass! I9I.
12 or under a name other than his own, or whoever personates or attempts 235 Mass. 320.
13 to personate another applicant for registration during an examination, SkMasslsee:
14 shall be punished by a fine of not less than one hundred nor more than 4 Op. aI'g. 432.
15 one thousand dollars or by imprisonment for not less than one month nor
1() more than one year, or both. A person rendering medical service in
17 violation of this section shall recover no compensation therefor.
1 Section 7. Sections two to six, inclusive, and section eight shall not Appiieation
2 be held to discriminate against any particular school or system of medi- 1894,4.58, 511.
3 cine, to prohibit medical or surgical service in a case of emergency, or r.°l. 76!§^9*'
4 to prohibit the domestic administration of family remedies. They shall \fll\ sl%\'^'
5 not apply to a commissioned medical officer of the United States army, }-|3o. 244. 5 i.
() navy or marine hospital service in the performance of his official duty; |g2g2ij^g^ gjg
7 to an interne or medical officer registered as provided in section nine, 219 Mass. 217.
8 while engaged in the practice of medicine as authorized by said section; 223 Mass:392;
9 to an assistant in medicine registered as provided in section nine A, 4 op. a!*g. 432.
10 while engaged in the practice of medicine as authorized by said section;
1 1 to a physician or surgeon resident in another state who is a legal practi-
12 tioner therein, when in actual consultation with a legal practitioner of
13 this commonwealth; to a physician authorized to practice medicine in
14 another state, when he is called as the family physician to attend a per-
15 son temporarily abiding in this commonwealth; nor to registered phar-
16 macists in prescribing gratuitously, clairvoyants or persons practicing
17 hypnotism, magnetic healing, mind cure, massage, Christian science
1376
REGISTRATION OF PHYSICIANS AND SURGEONS. [ChAP. 112.
or cosmopathic method of healing, if they do not violate any provision 18
of the preceding section. 19
Certificate of
registration to
be recorded
before practice.
Procedure.
Penalties.
1917, 55,
§ 3; 199.
Section S. No person shall enter upon, or continue in, the practice 1
of medicine within the commonwealth until he has presented to the 2
clerk of the town where he has, or intends to have, an office or his usual 3
place of business, his certificate of registration as a physician in the 4
commonwealth, or, if it is lost, a certified statement issued by the board, 5
setting forth all the material facts in the original certificate, and a fee 6
of twenty-five cents. Thereupon the clerk shall record the name of the 7
owner of said certificate or certified statement, together with the date 8
of record, upon blanks approved by the board, said blanks to be so ar- 9
ranged that a duplicate carbon copy shall be made at the time of the 10
original record. He shall keep the original as a part of his official records 11
and it shall be open to public inspection. He shall, within twenty-four 12
hours after such recording, forward the duplicate to the board. Whoever 1.3
practices or attempts to practice medicine without complying with this 14
section, or whoever submits to a town clerk a false or fraudulent cer- 15
tificate or certified statement, shall be punished by a fine of not less than 16
five nor more than one hundred dollars; and any town clerk who refuses 17
or neglects to comply with this section shall be punished by a fine of 18
not less than five nor more than ten dollars. 19
Limited regis-
tration of in-
ternes, etc.
1920, 244, § 1.
Registration of
students for
limited prac-
tice of
medicine.
1922,426.
Section 9. An applicant for limited registration under this section 1
who shall furnish the board with satisfactory proof that he is twenty- 2
one or over and of good moral character, that he has creditably com- 3
pleted not less than three and one half years of study in a legally chartered 4
medical school in good standing having the power to grant degrees in 5
medicine, and that he has been appointed an interne or medical officer (5
in a hospital or other institution maintained by the commonwealth, or 7
by a county or municipality thereof, or in a hospital incorporated under 8
the laws of the commonwealth may, upon the payment of five dollars, be 9
registered by the board as a hospital medical officer for such time as it 10
may prescribe; but such limited registration shall entitle the said appli- 11
cant to practice medicine only in the hospital or other institution desig- 12
nated on his certificate of limited registration, and under the regulations 13
established by such hospital or other institution. Limited registration 14
under this section may be revoked at any time by the board. 15
Section 9A. An applicant for limited registration under this section 1
as an assistant in medicine, who shall furnish the board with satisfactory 2
proof that he is twenty-one years of age or over and of good moral char- 3
acter, that he is enrolled in and has creditably completed not less than 4
two years of study in a legally chartered medical school ha\ing the 5
power to grant degrees in medicine, and that he has been assigned to (5
the care and observation of persons recjuiring medical service by an 7
instructor in said medical school, which instructor shall be a registered 8
physician, may, upon the payment of one dollar, be registered by the 9
board as an assistant in medicine for such time as it may prescribe. 10
Such registered assistant in medicine may jiractice medicine as author- 11
ized by this section, but only under the sui)ervision of such instructor; 12
he may, however, be assigned by such instructor to a hospital, recognized 13
and approved by such instructor, of not less than twenty-five beds, and 14
may practice medicine as aforesaid in said hospital, but only under the 15
Chap. 112.] registration of chiropodists. 1377
16 supervision of a registered physician who has been duly appointed a staff
17 physician in said hospital. Registration under thi.s section shall not
18 authorize the signing of certificates of births or deaths, or the use of
19 any instruments whatsoever in the treatment of any cases, except instru-
20 ments normally used for the purpose of diagnosis and then for such
21 purpose only; nor shall it authorize the prescribing or dispensing of
22 any narcotic drug as defined in section one hundred and ninety-seven of
23 chapter ninety-four. Registration under this section may be revoked
24 at any time by the board, and shall be i-evoked upon the request of the
25 dean of the medical school in which such assistant in medicine is enrolled.
26 Termination of such enrolment shall operate as a revocation of such
27 registration.
1 Section 10. The provisions of this chapter with reference to medicine Medicine and
2 and its practice shall apply to and include osteopathy and its practice, appirto'and°
3 when such construction is not inconsistent with the following section, athy tnri'tT'^
1909, 526, § 5. practice.
1 Section 1 1 . No person now registered as an osteopath under section Certain acts
2 one or two of chapter five hundred and twenty-six of the acts of nine- registered
3 teen hundred and nine shall prescribe or administer drugs for internal pfoWbited.
4 use, perform major operations in surgery, engage in the practice of f9TO'5^26,
5 obstetrics, or hold himself out, by virtue of such registration, as and 5§ 3, 4.
6 for other than an osteopath. Violation hereof shall be punished by
7 the penalty provided in section six.
1 Section 12. Any registered physician or surgeon who knows or has Disclosure of
2 reason to believe that any person is infected with gonorrhoea or syphilis formation by
3 may disclose such information to any person from whom the infected p'tfysldan not
4 person has received a promise of marriage or to the parent or guardian of ^l^^h'"^ °"^
5 such person if a minor. Such information given in good faith by a regis- ^^^^- ^^'•
6 tered physician or surgeon shall not constitute a slander or libel.
1 Section 12A. Every physician attending or treating a case of bullet J)p^?^'gn°^of
2 wound, gunshot wound, powder burn or any other injury arising from or certain wounds,
3 caused by the discharge of a gun, pistol or other firearm, or, whenever byfirearma.
4 any such case is treated in a hospital, sanitarium or other institution, Penafty""*'
5 the manager, superintendent or other person in charge thereof, shall i^^^-^^-
6 report such case at once to the commissioner of public safety and to the
7 police authorities of the town where such physician, hospital, sanitarium
8 or institution is located. This section shall not apply to such wounds,
9 burns or injuries received by any member of the armed forces of the
10 United States or of the commonwealth while engaged in the actual per-
11 formance of duty. Whoever violates any provision of this section shall
12 be punished by a fine of not less than fifty nor more than one hundred
13 dollars.
REGISTR.\TION OF CHIROPODISTS.
1 Section 13. "Chiropody", as used in this chapter, shall mean the chiropody
3
external treatment of the structures of the human foot by medical, Applfcation of
mechanical or surgical means without the use of other than local anaes- umifed.'^
4 thetics. This and the ten following sections shall not apply to surgeons '^'^' ^°^' ^ ^•
5 of the United States army, navy, or of the marine hospital service,
6 nor to physicians registered m the commonwealth.
1378
REGISTRATION OF CHIROPODISTS.
[Chap. 112.
p"hibHetf° Section 14. No person shall practice or attempt to practice chi- 1
unless person ropodv ill the commonwealth, or hold himself out as a chiropodist, or 2
1917, 202, § 2. designate himself, or describe his occupation, by the use of any words 3
[Penalty, § 22.) Qp letters Calculated to lead others to believe that he is a registered chi- 4
ropodist, unless he is registered as provided in section sixteen. 5
Board to
prepare and
distribute
certain forms
and to hold
examinations.
1917, 202,
§§3,4.
Section 15. The board shall prepare and distribute forms of appli- 1
cations for registration, certificates of registration and such other docu- 2
ments as may be necessary or convenient in carrying out sections thirteen 3
to twenty-three, inclusive. It shall hold at least two examinations 4
annually, at times and places to be designated by it, after due notice of 5
the same by publication at least twice a week for three successive weeks 6
in one or more newspapers published in the county where the examina- 7
tion is to be held, and it may hold other examinations as it deems neces- 8
sary or proper. 9
Granting of
certificates of
registration to
chiropodists.
Renewal.
1917, 202,
§§ 3, 5, cl. 3,
§§ 6-8.
Op. A. G.
(1920) 248.
[Penalty. § 22.)
Section 16. Applications for registration, signed and sworn to by 1
the applicant, shall be made upon blanks furnished by the board. If an 2
applicant furnishes the board with satisfactory proof that he is twenty- 3
one or over and of good moral character, and that he has received a 4
diploma or certificate from a reputable school of chiropody, or from 5
some other institution of equal standing, having a minimum require- 6
ment of one year's course of at least eight months, he shall, upon pay- 7
ment of fifteen dollars, be examined by the board as provided in the 8
following section, and, if found qualified, shall be registered and shall 9
receive a certificate as a registered chiropodist, signed by the chairman 10
and secretary of the board. An applicant failing to pass an examination 11
satisfactory to the board shall, within one year, if not disqualified under 12
sections eighteen and nineteen, be entitled to a re-examination upon pay- 13
ment of two dollars, and, in case of failure to pass that examination, 14
shall, within one year, if not disqualified as aforesaid, be entitled to a 15
third examination upon payment of two dollars; but two such re-exam- 16
inations shall exliaust his privilege under his original application. But 17
no such applicant shall be registered unless he obtains a general average 18
of seventy-five per cent in the various subjects in which he is examined 19
and not less than fifty per cent in any subject. Every such certificate 20
shall expire on the last day of the year when it was granted, but upon 21
payment of two dollars may be renewed by the board for each subse- 22
quent year without examination. 23
Examinations.
1917, 202, § 8.
Section 17. Examinations shall be in English, and shall be wholly
or partly written, oral or clinical, as the board may determine. They
shall include and be limited to the subjects of the anatomy, physiology,
diagnosis and treatment of the human foot, asepsis, therapeutics and
clinical chiropody, and applicants shall not be required to have received
a medical or surgical education except as specified in the preceding section.
JlfSse tot'sue Section 18. The board shall refuse to issue a certificate to a person,
nmvrcto'ke''"t' '^'' '^^''y- "ftcr a hearing if requested by a person to whom a certificate
ioi^r'w" "''^''^' ^^^ "^''^^ issued, revoke such certificate if, in the opinion of the board,
§§9,'i2. ' such person is intemperate in the use of alcoholic liquors or narcotic
drugs, or has been guilty of misconduct imohing moral turpitude, or
has been convicted of an oft'ence involving moral tiiriiitude, or has vio-
lated any provision of sections thirteen to twenty-three, inclusi\'e, or of
1
Chap. 112.] registr.^.tion of pharmacists. 1379
8 section sixty-five relative to chiropody, or has been guilty of unprofes-
9 sional conthict, or is in any other manner disqualified morally, mentally
10 or physically to receive or hold such certificate, or has in his application
1 1 therefor knowingly made any false statements or presented to the board
12 a fraudulent diploma, certificate or other document.
1 Section 19. "Unprofessional conduct", as used in the preceding "Unprofes-
2 section, shall include: (o) the wilful betrayal of a professional secret; (h) defined™''""'"
3 lending the use of one's name to an unregistered chiropodist, or having '^'^' -'^^' ^ '°-
4 professional connection with such a person or with any one convicted
5 of any oft'ence involving moral turpitude; (c) the selling or giving of any
6 substance or compound containing alcohol or narcotic drugs for other
7 than legal purposes.
1 Section 20. The board, after a hearing if requested by the person suspension.
2 registered, may suspend any certificate for not less than six months s^'u.TI.'
3 because of any misconduct on the part of the person registered which
4 would not, in its opinion, justify the revocation thereof.
1 Section 21. Every person registered under section sixteen shall, be- Local
2 fore entering upon the practice of chiropody, submit his certificate of i9i7"2'o2';"'§ u.
3 registration to the clerk of the town where he proposes to practice, and (Penalty, § 221
4 shall inform the clerk that he is the person designated therein, and shall
5 pay him fifty cents. Thereupon, the clerk shall record his name and
6 address and the date and number of his certificate, and the said record
7 shall be open to public inspection, and the clerk shall furnish a copy
8 thereof to the board within one week.
1 Section 22. Whoever obtains or attempts to obtain registration Penalties.
2 under section sixteen by any fraudulent means, or violates any provision '°''^' ^°^' ^ *^
3 of section fourteen, shall, except as provided in section sixty-five, be
4 punished by a fine of not less than one hundred nor more than five hun-
5 dred dollars or by imprisonment for not less than three months nor more
6 than one year, or both. Whoever violates any provision of the preceding
7 section shall be punished by a fine of not less than three nor more than
8 twenty dollars.
1 Section 23. All necessary expenses incurred in carrying out the Payment of
2 provisions of the ten preceding sections and in investigating complaints i9i7°2'o2, 5 15.
3 for violation thereof shall be paid by the commonwealth, but they shall
4 not in any year exceed the amount received by the commonwealth for
5 fees under said sections during that year.
registration of pharmacists. •
1 Section 24. A person who desires to do business as a pharmacist Examination of
2 shall, upon payment of five dollars to the board of registration in phar- for^^S^s'tration.
3 macy, herein and in sections twenty -five to forty-two, inclusive, called Redp'jocity
4 the board, be entitled to examination, and, if found qualified, shall be is8g^™i3''''5 4
5 registered as a pharmacist, and shall receive a certificate signed by the }|^6. 397, § 5.
6 president and secretary of the board. Any person failing to pass such R l 76, § 14.
7 examination shall upon request be re-examined, after the expiration of i908!525;§i.
8 three months, at any regular meeting of the board, upon payment of § 289. '
9 three dollars. The board may grant certificates of registration as assist- }92o; 2.
1380
REGISTRATION OF PHARMACISTS.
[Chap. 112.
1924, .53. ants after examination upon the terms above named, but such certifi- 10
iei^m^'^^' cates shall not allow the holder thereof to carry on the business of 11
loplA.G^iog, pharmacy. The board may grant certificates of registration to such 12
*^2 persons as shall furnish with their applications satisfactory proof that 13
they have been registered by examination in some other state; provided, 14
that such other state shall require a degree of competency equal to that 15
required of applicants in this commonwealth. Every such applicant for 16
registration as a registered pharmacist shall pay to the secretary of the 17
board ten dollars at the time of filing his application. No such certificate 18
shall be granted until the person applying therefor shall have signified 19
his intention of acting under the same in this commonwealth. No 20
certificate shall be granted under this section unless the applicant shall 21
have submitted evidence satisfactory to the board that he is a citizen 22
of the United States. 2.3
Records.
Annual report.
18S5, 313. § B.
1896, 397, § 4.
R. L. 72, § 13.
1918, 257,
§288.
1919, 5.
1920, 2.
Section 25. The board shall keep a record of the names of all per- 1
sons examined and registered by it, of all persons to whom permits are 2
issued under section thirty-nine, and of all money received and disbursed 3
by it, and a duplicate thereof shall be open to public inspection in the 4
oflice of the state secretary. The board shall make an annual report 5
of the condition of pharmacy in the commonwealth. 6
Sficite Section 26. Every person receiving a certificate of registration from 1
1885, 313, § 8. the board shall conspicuously display the same in his place of business. 2
1896, 397, § 6. R. L. 76, § 15.
Hearing on
applications
and complaints.
1893, 472,
§§1,2.
1896, 397,
§§7, S.
R. L. 76. § IG.
1907, 140.
1910, 172, § 2.
Section 27. The board shall hear all applications by registered 1
pharmacists for the granting of third class licenses, if a hearing is re- 2
quested by the applicant, and all complaints made to it against any 3
person registered as a pharmacist charging him in his business as a phar- 4
macist with violating any laws of the commonwealth, and especially 5
the laws relating to the sale of intoxicating liquors; or with engaging 6
with, or aiding or abetting, another in the violation of said laws; or, if 7
he himself is not the owner and actively engaged in such business, with 8
suffering or permitting the use of his name or certificate of registration 9
by others in the conduct of the business of pharmacy. Such complaint 10
shall set out the offence alleged and be made within fifteen days after 11
the date of the act complained of, or within thirty days after a conviction 12
by a court of competent jurisdiction. The board shall notify the person 13
complained against of the charge against him and of the time and jilace 14
of the hearing at which he may appear with his witnesses and be lieard 15
by counsel. It may summon witnesses and compel their attendance at 16
said hearings. Witnesses shall testify on oath and may be sworn by a 17
member of th^ board. Three members of the board shall be a quorum 18
for any such hearing. 19
Effect of
acciaion.
l.S'.W. 472. § 3.
1S9U. 397, § 9.
U. L. 70, § 17.
1902, 321, § 1.
1918, 257,
§ 290.
1919, 5.
1920, 2.
179 Mass. 108.
Section 28. If the full board sitting at such hearing finds the person
guilty, the board may suspend the efi'cct of his certificate of registration
as a pharmacist for such term as it fixes. The board may at any time
reconsider its action in cases where it has suspended or revoked the
license or certificate of registration of a pharmacist, and may change its
determination as justice shall require.
1 Op. a. G. 499. 2 Op. A. G. 165, 482. 3 0p. A.G.72.
Chap. 112.] registration of pharmacists. 1381
1 Section 29. It may, by a majority vote of all its members, after suspension. ^
2 hearing, suspend the certificate of registration of a registered pharmacist, ims. 257'.
3 who. in its judgment, is a menace to the pubHc by reason of the improper iVi9%.
4 use of intoxicating hquor or drugs.
1920, 2.
1 Section 30. Except as provided in section sixty-five, whoever, not ;;^™'^«v/°^,^
2 beino- reo-istered under section twentv-four or corresponding provisions of of drugs, etc
^ ivv,i.ip ivp,.,^v.N- „, „ 1 ' , •! 1 r 1 ]■ Limited apph-
3 earUer laws, sells or offers tor sale at retail, compounds tor sale or dis- cation of this
4 penses for medicinal purposes drugs, medicines, chemicals or poisons, 11g5°3i3,
5 except as provided in sections thirty-five and thirty-six, shall be punished HSi.fzv.
6 by a fine of not more than fifty dollars. This section shall not prohibit f^f^^l^;
7 the employment of apprentices or assistants and the sale by them of any }^oo.'3l^.
8 drugs, medicines, chemicals or poisons, provided a registered pharmacist nii^i.
9 is in charge of the store and present therein; nor shall it apply to any loosisas;
10 unregistered co-partner or unregistered stockliolder in a corporation doing i|io',^i72, § 1.
11 a retail drug business who was actively engaged in the drug business on \f^'J'^'^-
12 May twenty-eighth, nineteen hundred and thirteen.
1918. 257, 5 291. 1920, 2. Op. A. G. (1919) 8.
1919,5. 4 Op. A. G. 109.
1 Section 31. Every registered pharmacist carrying on the drug busi- P^p^tp^^i y,
2 ness as proprietor or manager shall cause his name to appear on every name_^on^signs
3 sign indicating or advertising his place of business and on every label ;90|.525,|2.
4 used for medicinal preparations compounded in his place of business.
1 Section 32. The board shall investigate all complaints of the viola- investigation
2 tion of any provision of sections twenty-four to forty-two, inclusive, i885,Ti3,"§ 7.
3 or of section sixty-five, so far as it relates to pharmacy, and report the lige! S?! j li.
4 same to the proper prosecuting officers, and especially investigate and ?op: I®',^. 2S2.
6 cause to be prosecuted all violations of sections twenty-five to thirty-
6 three, inclusive, and eighty-eight, of chapter one hundred and thirty-
7 eight.
1 Section 33. A registered pharmacist against whom a complaint or Access to
2 charge is pending before the board, or his counsel, shall have the same igoiTsM.'s 2.
3 right of access to documents in the possession of said board as a person ^- ^- ''^' ^ ^^'
4 charged with crime in the courts of the commonwealth would have to
5 documents m the possession of the clerk of the court or the prosecuting
6 officer.
1 Section 34. The court or magistrate before whom a person is con- certificate of
2 victed of a violation of section thirty of this chapter, or of section thirty- phamadst"
3 two of chapter one hundred and thirty-eight, or of section two of chapter J° ^H^^^
4 two hundred and seventy shall send to the board a certificate under seal J^o^; ^g^'/zl.
5 showing the time, cause and place of conviction. i^^s, 233, § s.
1 Section 35. Sections thirty and thirtv-seven to forty-one, inclusive, Application of
•^„ ,. , ... I'Uj. certain laws
2 of this chapter, sections twenty-five to thirty-three, inclusive, and eighty- restricted. ^^
3 eight, of chapter one hundred and thirty-eight and section two of chapter [Hi] 397; 5 23!
4 two hundred and seventy shall not apply to physicians who put up their {^30°; f^-^ 23.
5 own prescriptions or dispense medicines to their patients; nor to the }^[J|; 5I5; 1 3;
6 sale of drugs, medicines, chemicals or poisons by wholesale dealers or \l\i-ll^]^\l\
7 manufacturing chemists to retail dealers; nor to the manufacture or sale mo'. 5. '
1382
REGISTRATION OF RETAIL DRUG STORES.
[Ch.^. 112.
1920, 2.
239 Mass. 103.
3 0p. A. G.92.
of patent and proprietary medicines; nor to the sale by merchants at 8
retail of the following drugs and chemicals used in the arts, or as house- 9
hold remedies: alum, ammonia, bicarbonate of soda, borax, camphor, 10
castor oil, chlorinated lime, citric acid, cod liver oil, copperas, cotton 11
seed oil, cream of tartar, dyestuffs, Epsom salt, flaxseed, flaxseed meal, 12
gelatine, ginger, Glauber's salt, glycerine, gum arabic, gum tragacanth, 13
hops, hyposulphite of soda, licorice, lime water, linseed oil, litharge, 14
magnesia, olive oil, peroxide of hydrogen, petrolatum, phosphate of 15
soda, rhubarb, Rochelle salt, rosin, sal ammoniac, salt-peter, senna, 16
slippery elm bark, spices for seasoning, sugar of milk, sulphate of copper, 17
sulphur, tartaric acid, turpentine, extract of witch hazel and zinc oxide; 18
nor to the sale in the original packages of the following, if put up by 19
registered pharmacists, manufacturers or wholesale dealers in conformity 20
with law: flavoring essences or extracts, essence of Jamaica ginger, 21
insecticides, rat exterminators, aromatic spirits of ammonia, spirits of 22
camphor, sweet spirits of niter, syrup of rhubarb, tincture of arnica and 23
tincture of rhubarb; nor to the sale of the following poisons used in the 24
arts, if properly labelled and recorded as pro\'ided by section two of 25
chapter two hundred and seventy: muriatic acid, oxalic acid, nitric acid, 26
sulphuric acid, arsenic, cyanide of potassium, mercury, phosphorus and 27
sulphate of zinc. 28
Business of
deceased or
incapacitated
registered
pharmacist
may be con-
tinued, etc.
1900, 317.
R. L. 76. § 23.
1902,327, § 1.
1908, 525, § 3.
1910, 172, § 1.
1918,257,5291.
Section 36. The widow, executor or administrator of a registered 1
pharmacist who has died or the wife of one who has become incapacitated 2
may continue his business under a registered pharmacist, who may also 3
be considered qualified to receive a third class license to be exercised 4
upon said premises of said deceased or incapacitated pharmacist; pro- 5
vided, that the registered licensee is in charge of the premises and present 6
therein. 7
1919. 5.
1920, 2.
Op. A. G. (1919) 19.
•' Drug busi-
ness" defined.
1913, 705, § 1.
1916, 85.
REGISTERING AND LICENSING STORES FOR TRANSACTING RETAIL DRUG
BUSINESS.
Section 37. "Drug business", as used in the two following sections, 1
shall mean the sale, or the keeping or exposing for sale of drugs, medicines, 2
chemicals or poisons, except as otherwise provided in section thirty-five, 3
also the sale or the keeping or exposing for sale of opium, morphine, 4
heroin, codeine or other narcotics, or any salt or compound thereof, or 5
any preparation containing the same, or cocaine, alpha or beta eucaine, 6
or any synthetic substitute therefor, or any salt or compound thereof, 7
or any preparation containing the same, and the said term shall also 8
mean the compounding and dispensing of physicians' prescriptions. 9
Transaction of
retail drug
business
regulated.
1913, 705.
§§2,3.
1920, 360.
1921, 318.
ll'enalty, §41.]
Section 38. No store shall be kept open for the transaction of the 1
retail drug business, or be advertised or represented, by means of any 2
.sign, or otherwise, as transacting such business, unless it is registered with, 3
and a permit therefor has been issued by, the bt)ard, as pro\ided in the 4
following section. The permit shall be exposed in a conspicuous place in 5
the store for which it is issued. 6
pemiHsjl™' Section .39. The board shall, upon application made in such manner 1
1913, 705. ^"<^ ^orm as it shall determine, register a store for the transaction of the 2
55 3,4. retail drug business and issue to such person as it deems qualified to 3
Chap. 112.] registk.\tion of dentists. 1383
4 conduct such store, a permit to keep it open; but no such registration 1920, 360.
5 shall be made or permit issued in the case of a corporation unless it shall no!'
6 appear to the satisfaction of the board that the management of the drug
7 business in such store is in the hands of a registered pharmacist. Such
8 permit shall expire on January first following the date of its issue, and
9 the fee therefor shall be five dollars.
1 Section 40. The board may suspend or revoke any registration Registration
2 made under the preceding section and any permit issued thereunder for nmy'be sus-
3 any \'iolation of the law pertaining to the drug business or the sale of vokedfetc'^^'
4 intoxicating liquors or for aiding or abetting in a violation of any such isis. 705, §5.
5 law; but before such suspension or revocation the board shall give a
6 hearing to the holder of the permit, after due notice to him of the charges
7 against him and of the time and place of the hearing. Such holder may
8 appear at the hearing with witnesses and be heard by counsel. Witnesses
9 shall testify on oath and any member of the board may administer
10 oaths to them. The board may require the attendance of persons and
1 1 compel the production of books and documents. Three members of the
12 board shall be a quorum for such a hearing, but no registration or permit
13 shall be suspended or revoked unless upon the affirmative vote of three
14 or more members thereof.
1 Section 41. Whoever violates any provision of section thirty-eight Penalty.
2 shall be punished by a fine of not less than five nor more than one hun-
3 dred dollars or by imprisonment for not more than one month, or both.
1 Section 42. For the purpose of carrying out the five preceding sec- Ei^penditures
2 tions, the board may ex-pend annually a sum not exceeding one thousand t9l3°705f 5 e.
3 dollars.
registration of dentists.
1 Section 43. The board of dental examiners, herein and in sections Powers and
2 forty-four to fifty-three, inclusive, called the board, shall examine appli- boarfof den-
3 cants for registration in dentistry. It may make, and shall publish, RecOTd?°An-
4 necessary rules and regulations for the proper conduct of its duties. Jg^^ ''^!^?'''
5 Four members of the board shall constitute a quorum for the transac- s* '^ e!
6 tion of business. The board shall keep a full record of its proceedings r l'. 76. '
7 and a registry of all persons registered by it, which shall be public records ims. 294, § 1.
8 and open to inspection. A transcript of any of the entries in such record, §§'f;|°j4.
9 certified by its secretary, shall be competent evidence of the facts stated
10 therein. The board shall make a full and accurate annual report.
1 Section 44. Every registered dentist when he begins practice, either Offire
2 by himself or associated with or in the employ of another, shall forth- reaiste^S"
3 with notify the board of his office address or addresses, and every regis- f'ur°nilhed°to^
4 tered dentist practicing as aforesaid shall annually, before April first, p°egjists, etc
5 pay to the board a license fee of two dollars. Every registered dentist isoo, 294.^5 ^
6 shall also promptly notify the board of any change in his office address laos, 294, § i.
7 or addresses and shall furnish such other information as the board may i9i»!257!
8 require. The board shall publish annually complete lists of the names isig.'s.
9 and office addresses of all dentists registered and practicing in the com- \ll°[ f^-,
10 monwealth, arranged alphabetically by name and also by the towns 1929.70.
11 where their offices are situated. Every registered dentist shall exhibit (Penalty, 5 52.]
1384
REGISTRATION OF DENTISTS.
[Chap. 112.
his full name in plain readable letters in each office or room where his 12
business is transacted. 13
Examination
and registration
of dentists.
1887. 137,
§§4,6.
1897, 1S7,
§§1.2.
1900, 294, § 1.
R. L. 76, { "
1908, 294,
1915, 301,
§§ 5, 7.
1920, 424,
§§2,4.
Op. A. G.
(1918) 115.
[Penalty, § 52.]
Section 45. Applications for registration hereunder shall be in UTit-
ing upon blanks furnished by the board, which shall be signed and
)26.
ll.
sworn to by the applicant, presenting proof of the requirements herein
specified. Any such applicant twenty-one years or over and of good
moral character who shall furnish the board with satisfactory proof that
he has received a diploma from the faculty of a reputable dental college
as defined in the following section, shall, upon payment of twenty-five
dollars, be entitled to be examined by the board; provided, that any 8
such applicant who shall furnish the board with satisfactory proof that 9
he has attended such a reputable dental college for four years and has 10
successfully passed all examinations of the first, second and third years 11
may, upon payment of such fee, be examined. An applicant failing in 12
his examination shall be entitled to one re-examination free of charge, 1.3
but for each subsequent examination he shall pay ten dollars. If found 14
competent, the applicant shall be registered by the board and shall 15
receive a certificate of registration signed by the members of the board 16
or a majoi-ity of them, which shall be prima facie evidence of the right of 17
the holder to practice dentistry. In proof of this right the certificate or 18
a duplicate shall be kept in his office in plain view of his patients, and, on 19
application, shall be shown to any member or agent of the board. 20
aiSTe'^tti-a- SECTION 45A. An applicant for limited registration under this section
tion of den- -who shall fumisli the board with proof entitling him to be examined for
1921,365. ■ registration under the preceding section and with satisfactory proof
(Penalty, § 52.) that he has been appointed a dental interne in a hospital or other insti-
tution maintained by the commonwealth or by a county or munici-
pality thereof, or in a hospital or dental infirmary incorporated under the
laws of this commonwealth may, upon payment of five dollars, be regis-
tered by the board as a dental interne for one year; but such limited 8
registration shall entitle said applicant to practice dentistry only in the 9
hospital or other institution designated on his registration and under 10
the direction of a registered dentist employed therein. Limited regis- 11
tration under this section may be revoked at any time by the board. 12
"Reputable
dental college"
defined.
1«15. 301, § 6.
1920, 424, § 3.
1926, 216.
Section 46. A dental college shall be considered reputable which 1
possesses the following qualifications: 2
First, It shall be incorporated and authorized by its charter to confer 3
degrees of doctor of dental medicine, doctor of dental surgery or doctor 4
of dental science. 5
Second, It shall have a competent faculty and corps of instructors. 6
The teaching staff shall deliver a comprehensive and satisfactory course 7
of lectures supplemented by adequate clinical and laboratory exercises in 8
all subjects pertaining to modern dentistry. 9
Third, It shall give a course of not less than four separate academic 10
years to matriculants wiio are graduates of accredited high schools or who 11
present proof of equivalent training, or a course of not less than tlu-ec 12
separate academic years to matriculants who present satisfactory proof 13
of having successfully completed two years of appropriate pre-dental 14
training in a college or uni\ersity authorized to grant degrees. Each 15
academic year shall consist of not less than thirty-two weeks of sLx days 16
each. 17
Chap. 112.] registration of dentists. 1385
18 The administrative policy of the dental college shall be such as to
19 accomplish the requirements of this section.
1 Section 47. The examination may be written or oral or both, at Examination.
2 the option of the board, and shall include the principal subjects taught 1920! 424,' § 4.'
3 in reputable dental colleges. Demonstrations in operative and pros-
4 thetic dentistry, diagnosis and prognosis shall be required.
1 Section 48. The board may, without examination, upon the pay- Reciprocity
2 ment of a fee of twenty-five dollars, register, and issue a certificate to, a ms.soCss.
3 dentist who has been lawfully in practice for at least five years in another '^^^' ^^''
4 state, if he presents to the board a certificate of registration, and duration
5 of practice, from the board of dental examiners or other like board of said
6 state ; provided, that such other state shall require a degree of competency
7 equal to that required of applicants in this commonwealth and extends a
8 like courtesy to dentists registered in this commonwealth.
1 Section 49. No person shall conduct a dental office under any name Dental office
2 other than that of the dentist actually owning the practice, or a corporate under°name^
3 name cpntaining the name of such dentist. "' owner.
1915. 301, § 9.
[Penalty, § 52.)
1 Section 50. Any person who owns or carries on a dental practice or "Practicing
2 business, or who, by himself, his servants or agents, or by contract defined"^^ '
3 with others, performs any operation or makes examination, with the \lol] foJ; ^ ^•
4 intention of performing or causing to be performed any operation on the \l\l- ll\-
5 human teeth or jaws, or who describes himself by the word "dentist" or H i6. i4.'
6 other like word, or the letters "D.D.S." or other like letters, or other like
7 title in connection with his name, or who advertises by sign, card, cir-
8 cular, pamphlet or newspaper, or otherwise indicates that he by con-
9 tract with others, or by himself, his servants or agents, will perform any
10 operation or make examination, with the intention of performing or caus-
1 1 ing to be performed any operation on the human teeth or jaws, shall be
12 deemed to be practicing dentistry within the meaning of sections forty-
13 three to fifty-three, inclusive, and section sixty-five.
1 Section 51. Any person of good moral character nineteen years old Py"^n'i3t
2 or over, who is a graduate of a training school for dental hygienists re- Qualification,
3 quiring a course of not less than one academic year and approved by the etc.
4 board, or who is a graduate of a training school for nurses and has re- i9i7,'76, Vi-
5 ceived three montiis' clinical training in dental hygiene in any such train- '^"*' ^°^'
6 ing school for dental hygienists, may, upon the payment of ten dollars, '^^"''"y' 5 52.)
7 be examined by the board in the subjects considered essential by it for a
8 dental hygienist, and, if his examination is satisfactory, shall be registered
9 as a dental hygienist and given a certificate allowing him to practice
10 dental hygiene, which shall mean the cleaning of teeth under the direction
11 of any registered dentist of the commonwealth, subject to such rules and
12 regulations as may be adopted by the board. An applicant failing to pass
13 a satisfactory examination shall be entitled to one re-examination at any
14 meeting of the board, free of charge, but for each subsequent examination
15 he shall pay ten dollars.
1386
REGISTRATION OF VETERINARIANS.
[Chap. 112.
Penalties.
1SS7. 137,
§§5,8.
1900, 294. § 2.
R. L. 76, § 28.
1905, 289, § 1.
1908, 294, § 2.
1909, 301.
1911, 377.
1915, 301.
§§ 4, 10, 13, 14.
1917, 76, I 2.
1918, 257,
§§ 293. 294.
1919, 5.
1920, 2.
Section 52. Any person who falsely asserts that he has a certificate 1
granted by the board, or who, having such certificate or a duplicate 2
thereof, fails to exliibit the same as required by section forty-five, or who 3
falsely and with intent to deceive claims to be a graduate of any college 4
granting degrees in dentistry, or who, except as permitted by the fol- 5
lowing section, directly or indirectly practices or attempts to practice 6
dentistry or dental hygiene without being registered under sections 7
forty-five to fifty-one, inclusive, or corresponding provisions of earlier 8
laws, or any registered dentist or incorporated dental company who 9
employs or permits a person to practice dentistry unless such person is 10
registered and exhibits his name and certificate as provided in sections 11
forty-four and forty-five, or any person who \iolates any provision of 12
sections forty-three to fifty-three, inclusive, for which no other penalty is 13
provided, shall, except as provided in section sLxty-fi\-e, be punished by 14
a fine of not more than two hundred dollars or by imprisonment for 15
three months, or both; and any registered dentist who fails to exhibit 16
his full name, as reciuired by section forty-four, shall be punished by a 17
fine of not more than fifty dollars; provided, that any corporation violat- 18
ing any provision of sections forty-three to fifty-three, inclusi\-e, shall be 19
punished by the fine herein provided for such violation, and its officers, 20
owners or managers concerned in the violation shall be punished by the 21
fine or imprisonment herein provided for such violation, or both. ' 22
Application of
§§43-52
limited.
1887, 137, § 9.
1900, 294, § 2.
R. L. 76, § 29.
1903, 219.
1905, 289, § 2.
1915, 301,
§§9, 12, 14.
1931.426,
§222.
I Jl
Section 53. Nothing in sections forty-three to fifty-two, inclusive, 1
shall apply to treatment by a registered physician not practicing dentis- 2
try, in cases where he deems immediate treatment necessary for the relief 3
of his patients, or prevent a registered dentist of another state or his 4
assistant from operating at a public clinic under the auspices of a duly 5
organized and reputable dental college or association, or prevent a 6
student of a reputable dental college, incorporated under the laws of this 7
commonwealth and granting degrees in dentistry, from performing 8
operations as part of the regular college course, or pre\ent the widow, 9
executor or administrator of a registered dentist who has died, or the 10
wife of one who is incapacitated, from continuing his business under all
registered dentist, or prevent a dental interne registered as pro\-ided in 12
section forty-five A from engaging in the practice of dentistry as author- 13
ized by said section. A registered dentist shall have the same right to 14
prescribe or buy drugs or medicines for use in the conduct of his practice, 15
as a registered physician of the commonwealth. 10
registration of veterinarians.
Section 54. The board of registration in veterinary medicine, in the 1
Board may
make by-Iawa
1903^249 § 2 s'-"^ following scctious called the board, may make by-laws and rules con- 2
sistent with law necessary to carry out said sections.
and^egistration SECTION 55. Applications for registration hereunder, signed and 1
ofvetcrina- swom to by the applicant, shall be made upon blanks furnished by the 2
board. Any applicant twenty-one years of age or over shall, uiion pay- o
nient of fifteen dollars, be entitled to examination, and, if found (lualified 4
by the board, shall be registered as a veterinarian and shall receive a 5
certificate thereof, signed by its chairman and secretary. Any applicant 0
IPenaity, 1 59.] failing to pass a satisfactory examination may be re-examined at any 7
regular meeting of the hoard within two years thereafter, without addi- 8
tional fee, and thereafter may be e.xamined at any such meeting upon 9
nans.
1903, 249,
5§3, 4.
1906, 503, § 2.
1918, 257,
§ 295.
1919, 5.
1920, 2.
Chap. 112.] boards of registration, etc. 1387
10 payment of fifteen dollars for each examination. The board, after a
11 hearing, may revoke any certificate issued by it to any veterinarian
12 convicted of a crime in the practice of his profession and cancel his
13 registration.
1 Section 56. Examinations shall be wholly or in part in writing, Examinations.
2 shall be in English, and of a scientific and practical character. They wn. 199!
3 shall include the subjects of anatomy, surgery, physiology, animal '*'"' '^"^^
4 parasites, obstetrics, pathology, bacteriology, diagnosis and practice,
5 therapeutics, materia medica and veterinary dentistry, and shall be
6 sufficiently thorough to test the applicants' fitness to practice veterinary
7 medicine.
1 Section 57. The board shall keep a register of all veterinarians Register^
2 registered by it, which shall be open to public inspection, and shall make investigation '
3 an annual report. It shall investigate all complaints of the violation of i'903,"249,'"§'o.
4 any provision of section fifty-nine and of section sixty-five, so far as it '^°^' ^°^' ^ ^•
5 relates to veterinary medicine, and report the same to the proper prose-
6 cuting officers.
1 Section 5S. The practice, or diagnosis and practice of veterinary Practice ot
2 medicine, veterinary surgery and veterinary dentistry upon any domes- medidne^
3 tic animal shall be deemed to be the practice of veterinary medicine fgHfTso.
4 within the meaning of sections fifty-four to sixty, inclusive, and section
5 sixty-five.
1 Section 59. Any person not registered under section fifty-five or Penalty.
2 corresponding provisions of earlier laws who holds himself out as a i^t.'s '
3 practitioner of veterinary medicine, or who, except as permitted by the \111] 730' ' '■
4 following section, practices or attempts to practice veterinary medicine,
5 shall, except as provided in section sixty-five, be punished by a fine of
6 not less than fifty dollars or by imprisonment for not more than two
7 months, or both.
1 Section 60. The six preceding sections shall not prohibit advice Application
2 or service, in a case of emergency, by a person other than a registered f/Jted*'^^
3 veterinarian, nor shall they prohibit farmers from rendering services H^f^ g^^; | f
4 to their neighbors, if they do not hold themselves out as registered
5 veterinarians, nor shall they be held to discriminate against any particu-
6 lar school or system of veterinary medicine. They shall not apply to
7 a commissioned veterinarian of the United States army in the perform-
8 ance of his official duty; nor to a veterinarian from another state who is
9 a legal practitioner in that state, when in actual consultation with a
10 legal practitioner of this commonwealth; nor to any registered phar-
11 macist prescribing gratuitously, if he does not violate section fifty-nine.
general provisions relatr^e to the boards of registration in
medicine, pharmacy and veterinary medicine, and the board
of dental examiners.
1 Section 61. Except as otherwise provided by law, each board of ^^oards^of^^ .^
2 registration in the division of registration of the department of civil medicine, etc.,
. ,..p i. ... r> may suspend,
3 service and registration, after a hearing, may, by a majority vote of etc.. cenifi-
4 the whole board, suspend, revoke or cancel any certificate, registration, 1917,' 218', § i.
1388
REGISTRATION OF OPTOMETRISTS.
[Chap. 112.
1918, 257,
§ 29(5.
1919, 5.
1920, 2.
1921, 478, § 1.
239 Mass. 424.
Op. AG.
(1920) 315.
license or authority issued by it, if it appears to the board that the holder .5
of such certificate, registration, license or authority, is insane, or is guilty 0
of deceit, malpractice, gross misconduct in the practise of his profession, 7
or of any offence against the laws of the commonwealth relating thereto. 8
Any person whose certificate, registration, license or authority is sus- 9
pended or revoked hereunder shall also be liable to such other punish- 10
ment as may be provided by law. The said boards may make such rules 11
and regulations as they deem proper for the filing of charges and the 12
conduct of hearings.
13
Hearings.
1917, 218. § 2.
239 Mass. 424.
Section 62. Any person against whom charges are filed shall be 1
notified of the hearing thereof, and may appear with witnesses and be 2
heard by counsel. If such person has left the commonwealth, or can- 3
not be found by reasonable search, notice may be dispensed with. Said 4
boards shall have the same powers to summon witnesses to attend such 5
hearings, and to swear them as are conferred upon city councils and 6
other bodies by section eight of chapter two hundred and thirty-three, 7
and said section and sections nine and ten of said chapter shall apply 8
to witnesses summoned as aforesaid. 9
Pendency of
action before
criminal court
no ground for
delay, or vice
versa.
1917, 218, § 3.
Section 63. Said boards shall not defer action upon any charge 1
before them until the conviction of the person accused, nor shall the 2
pendency of any charge before any of said boards act as a continuance 3
or ground for delay in a criminal action. 4
239 Mass. 424.
Revision of
suspension,
etc., of certifi-
cate, etc..
by supreme
judicial court.
1917, 218, § 4.
239 Mass. 424.
270 Mass. 65.
Section 64. The supreme judicial court, upon petition of a person
whose certificate, registration, license or authority has been suspended,
revoked or cancelled, may enter a decree revising or reversing the de-
cision of the board, if it appears that the decision was clearli,' wrong; but
prior to the entry of such decree no order shall be made or entered by
the court to stay or supersede any suspension, revocation or cancella-
tion of any such certificate, registration, license or authority.
Penalty for
practicing while
certificate, etc.,
suspended, etc.
1917, 218, § 5.
1918, 257,
§297.
1919, 5.
1920, 2.
1921, 478, § 2.
Section 65. WTioever continues to practise any profession or calling 1
after his certificate, registration, license or authority authorizing him so 2
to do has been suspended, re\'oked or cancelled under authority of 3
section sixty-one, and while such disability continues, shall be punished 4
by a fine of not more than one hundred dollars or by imprisonment for 5
not more than three months, or both. 6
REGISTRATION OF OPTOMETRISTS.
Practice of
optometry
defined.
1912, 700, 5 1.
235 Mass. 320.
267 Mass. 145.
Op. A. G.
11920) 255.
Section 60. The practice of optometry, as used in the seven fol- 1
lowing sections, is defined to be the employment of any method or means 2
other than the use of drugs for the measurement of the powers of vision 3
and the adaptation of lenses for the aid thereof. 4
Board of
registration.
Records,
rules, report.
1912, 700, 8 4.
1920, .'512, S 2.
267 Mass. 145.
Section 67. The board of registration in optometry, herein and in the 1
si.x following sections called the board, siiall keep a record of the names of 2
all persons examined and registered by it and of all moneys received and 3
disbursed by it, and a duplicate thereof shall be open to public inspection 4
in the office of the state secretary. The board shall make necessary rules 5
Chap. 112.] registration of optometrists. 1389
6 and regulations to carry into effect sections sixteen to eighteen, inclusive,
7 of chapter thirteen and sections sixty-six to seventy-three, inclusive, of
8 this chapter. The board shall make an annual report of the condition
9 of optometry in the commonwealth.
1 Section 68. No person, except as otherwise provided in this sec- Examination
2 tion, shall practice optometry until he shall have passed an examina- ot optometrists.
3 tion conducted by the board in theoretic, practical and physiological isil; 700, § 5.
4 optics, theoretic and practical optometry and in the anatomy and physi- j^|^; ^12, 1 3.
5 ology of the eye, and shall ha^•e demonstrated his ability to properly use 267 Mass: iis.
6 scientific instruments and methods used in the practice of optometry,
7 and shall have been registered and shall have received a certificate of
8 registration which shall have conspicuously printed on its face the
9 definition of optometry set forth in section sixty-six. Every applicant
10 for examination shall present satisfactory evidence, in the form of
11 affidavits properly sworn to, that he is over twenty-one years of age
12 and of good moral character, that he has graduated from a school of
13 optometry, approved by the board, maintaining a course of study of
14 not less than two years with a minimum requirement of fifteen hundred
l.j attendance hours and that he has graduated from a high school ap-
16 proved by the board or has had a preliminary education equivalent to
17 at least four years in a public high school; provided, that if he is un-
18 able to prove graduation from, or four years' actual attendance at, a
19 high school the board shall determine his qualifications by proper pre-
20 liminary examination, the fee for which shall be five dollars to be paid
21 by the applicant. The fee for the examination for registration shall
22 be twenty-five dollars and those passing the examination shall receive
23 the certificate of registration without additional charge. Any appli-
24 cant who fails to pass a satisfactory examination for registration shall
25 be entitled after the expiration of three months to additional exam-
26 inations, the first of which shall be free of charge, and for each subse-
27 quent examination a fee of five dollars shall be paid.
28 Any person who shall present to the board a certified copy or cer-
29 tificate of registration or license which was issued to him after examina-
30 tion by a board of registration in optometry in any other state, where
31 the requirements for registration are in the opinion of the board equiva-
32 lent to those of this commonwealth, may be registered and given a
33 certificate of registration in this commonwealth without a written
34 examination; provided, that such state accords a like privilege to
35 holders of certificates of registration issued in this commonwealth
36 and that the applicant has not previously failed to pass the examination
37 required in this commonwealth, and that he has been engaged in the
38 reputable practice of optometry continuously for not less than three
39 years immediately preceding his application. The fee for such regis-
40 tration shall be fifty dollars.
1 Section 69. Everyregisteredoptometristshall, annually, before Feb- Annual ucense
2 ruary first, pay to the board a license fee of two dollars, in default of wis. 201.
3 which the board may revoke his certificate and his authority to practice 267''MaB3'. i45.
4 optometry thereunder, after a hearing as pro\'ided by section seventy-
5 one; but the payment of the said fee at or before the time of hearing,
6 with such additional sum, not exceeding five dollars, as may be fixed by
7 the board, shall remove the default. An optometrist duly registered and
8 licensed to practice in this commonwealth, whose license has not been
1390
EEGISTRATION OF OPTOMETRISTS.
[Chap. 112.
revoked, but who shall have temporarily retired from practice or removed 9
from the commonwealth for not exceeding five years, may register upon 10
paying the lapsed annual license fees and filing with the board his affi- 1 1
davit as to the facts aforesaid. 12
Certificate of
registration to
be recorded
before prac-
tice. Display,
etc.
1912, 700, 5 6.
1920, 512, § 4.
267 Mass. 145.
Revocation or
suspension.
1912, 700, § 8.
1920, 512. § 5.
267 Mass. 145.
Section 70. Every person to whom a certificate of registration has
been granted shall cause the same to be recorded in the office of the clerk
of the town where he principally carries on the practice of optometry;
and if he removes his principal office from one town to another in the
commonwealth, he shall, before engaging in practice in such other town,
notify the board in writing of the place where he is to engage in practice,
and obtain from the clerk of the town where his certificate is recorded a
certified copy thereof and file the same with the clerk of such other town.
The fee for recording such certificate or certified copy thereof shall be
fifty cents. Every registered optometrist shall display his certificate of 10
registration in a conspicuous place in the principal office wherein he 11
practices optometry, and shall, whenever so required, exhibit it to said 12
board or its authorized representative; and whenever practicing optom- 13
etry outside of or away from his principal office or place of business, 14
he shall deliver to each customer or person fitted with glasses by him a 15
memorandum of purchase, containing his signature, home post office 16
address and the number of his certificate of registration, together with a 17
specification of the lenses and frames or mountings furnished and the 18
price charged therefor. 1"
Section 71. The board may revoke or suspend any certificate of
registration for fraud or deceit in practice, or for conviction of crime, or
for habitual drunkenness for six months immediately before the charges
are made, or for gross incompetence; provided, that before any action is
taken the accused party shall have written notice of the charges against
him and of the day appointed for a public hearing thereof, which shall
be at least five days after the service of such notice. At such hearing the
accused shall have an opportunity to produce testimony in his own behalf
and to confront the witnesses against him. Three members of the board
shall be a quorum for any such hearing. Witnesses at hearings before 10
the board shall testify on oath, and may be sworn by any member thereof. 1 1
The board may compel the attendance of witnesses and the production of 12
documents at any such hearing. Whenever the certificate of any regis- 13
tered optometrist is revoked, the secretary of the board shall give notice 14
of such revocation to the clerk of the town where the principal office of 15
such optometrist is and the clerk shall record the revocation on the 16
records of his office. Where the right of any person to practice has 17
been revoked as herein provided, the board may, after the e.vpiration 18
of one year, receive an application for a renewal of the right to prac- 19
tice, and upon such new application it may grant such a renewal. 20
wTI'too 5 9 Section 72. Whoever, not being lawfully authorized to practice
i92o; 512; I «; optometry, holds himself out as a practitioner of optometry, or practices
i93i: 426; ■ or attempts to practice optometry, or sells or attempts to sell spectacles,
26?Mass. 145. eycglasses or lenses for the purpose of correcting defective vision, or who-
ever personates another practitioner, or fails to deliver a memorandum of
purchase as required by section seventy, or violates any other provision
of sections sixty-six to seventy-three, inclusive, shall, except as provided
in section sixty-five, be punished for the first offence by a fine of not
Chap. 112.] registration of nurses. 1391
9 less than fifty nor more than two hundred dollars or by imprisonment
10 for not more than three months, or both, and for a subsequent ofl'ence
11 by a fine of not less than two hundred nor more than five hundred dol-
12 lars or by imprisonment for not less than three nor more than six months,
13 or both.
1 Section 73. The seven preceding sections shall not apply to physl- Application
2 cians and surgeons lawfully entitled to practice medicine in the coin- ",„uied.
3 monwealth, or to persons who neither practice nor profess to practice \?J,o[ l°l] | y"'
4 optometry, but who sell spectacles, eyeglasses or lenses, either on pre- owyi;^; 1^5.
5 scription from such physicians or surgeons, or from optometrists author-
G ized to practice in the commonwealth, or as merchandise from perma-
7 nently located and established places of business when not sold for the
8 purpose of correcting defective vision. But nothing herein contained
9 shall prevent any such physician or surgeon from taking an examination
10 and receiving a certificate of registration under section sixty-eight, nor
11 shall this and the seven preceding sections authorize any person to
12 administer drugs in any form, to practice or claim to practice medicine
13 or surgery in any sense, or to use any title or appellation intended or
14 calculated to indicate the practice of medicine or surgery.
REGISTRATION OF NURSES.
1 Section 74. The board of registration of nurses, herein and in the Examination
2 seven following sections called the board, shall hold examinations for the uon oTnurses.
3 registration of nurses and shall give notice of the times, places and }^}^; {f^'. ^ ^'
4 subjects of such examinations, by publication in one or more newspapers
5 in each county. Applications for registration, signed and sworn to by
G the applicant, shall be made on blanks furnished by the board. An
7 applicant who furnishes satisfactory proof that he is at least twenty-
8 one, of good moral character and a graduate of a training school for
9 nurses approved by the board, shall, upon payment of five dollars, be
10 examined by the board, and, if found qualified, shall be registered, with
11 a right to use the title registered nurse and to practice as such, and shall
12 receive a certificate thereof from the board, signed by its chairman and
13 secretary. An applicant failing to pass an examination satisfactory to
14 the board shall be entitled, within one year thereafter, to a re-exam-
15 ination at a meeting of the board called for the examination of appli-
16 cants, without the payment of an additional fee. Every person regis-
17 tered hereunder who continues to hold himself out as a registered nurse
18 shall, on or before December thirty-first in each year, renew his regis-
19 tration for the ensuing year by payment of fifty cents to the board, and
20 thereupon the board shall issue a certificate showing that the holder
21 thereof is entitled to practice as a registered nurse for the period covered
22 by said payment. In default of such renewal, a person registered here-
23 under shall forfeit the right to practice as a registered nurse or to hold
24 himself out as such until such fee shall have been paid. The board
25 may, after a hearing, by vote of a majority of its members, annul the
26 registration and cancel the certificate of any nurse; and, without a
27 hearing, may annul the registration and cancel the certificate of a nurse
28 who has been found guilty of a crime.
1 Section 75. Examinations shall be partly in writing in the English Examinations.
2 language and partly in practical work, and shall include the principles ^ ^ ■* ■
o
1392
REGISTRATION OF EMBALMERS.
[Chap. 112.
and methods of nursing,
special branches.
Due credit shall be given for examinations in
Reciprocity
registration.
1910, 449, § 6.
Section 76. The board may register in like manner, without exam- 1
ination, any person who has been registered as a professional nurse in 2
another state under laws which, in the opinion of the board, maintain a 3
standard substantially similar to that of this commonwealth. 4
iSrrepon'on Section 77. The board shall investigate all complaints of violation 1
igiif^g^'i 8 of sections seventy-four to eighty-one, inclusive, and report the same to 2
the proper prosecuting officers. 3
Records.
Annual report.
1910, 449, § 9.
Section 78. It shall keep a record of the names of all persons regis-
tered by it and of all money received and disbursed by it, and a dupli-
cate thereof shall be open to public inspection in the office of the state
secretary. It shall make an annual report of the condition of professional
nursing in the commonwealth.
Section 79. The board may make such rules and regulations con-
V relative to procedure unc
eighty-one, inclusive, as it deems expedient.
Rules and
1910, 449, § 12. sistent with law relative to procedure under sections seventy-four to
Penalties.
1910, 449, § 10.
1931,426,
§224.
Section 80. Whoever, not being lawfully authorized to practice as
a registered nurse within the commonwealth, practices or attempts to
practice as a registered nurse, or uses the abbreviation, R.N., or any other
words, letters or figures to indicate that the person using the same is such
a registered nurse, shall, except as provided in section sLxty-five, be pun-
ished by a fine of not more than one hundred dollars. Whoever becomes
or attempts to become registered, or practices or attempts to practice, as a
registered nurse under a false or assumed name shall be punished by a fine
of not less than one hundred nor more than five hundred dollars or by
imprisonment for three months, or both.
1
2
3
4
5
1
2
3
1
2
3
4
5
6
7
8
9
10
Section 81. The seven preceding sections shall not apply to gra- 1
Application
of §§74-80 - ~ 1 c -1
','S^n^iio R 11 tuitous nursing of the sick by friends or members of the family, or to the 2
1910, 449, 8ll. " I'lPi'ii I o
acts of any person nursing the sick tor hire who does not assume to be a 6
4
registered nurse.
Examination
and registration
of embalmers,
etc. Renewal,
1905, 473, § 4.
1921, 419.
1931, 202, § 1.
registration of embalmers.
Section 82. Applications for registration as embalmers, signed and 1
sworn to by the applicant, shall be made upon blanks furnished by the 2
board of registration in embalming, herein and in the fi\-e following sec- 3
tions called the board. Each applicant, who shall furnish the board with 4
satisfactory proof that he is twenty-one years of age or over and of good 5
moral character, that he possesses the educational qualifications required 6
for graduation from a public gramniiir school, that he has attended an 7
embalming school approved by the board which gi\es a course of instruc- 8
tion of not less than twelve weeks, and that he has served a term of ap- 9
prenticeship of not less than two years with a registered embalmer, 10
tluring which term he has embalmed not less than fifteen human dead 11
bodies, shall, upon payment of five dollars, be entitled to be exaiiiinod, 12
and, if found qualified by the board, shall be registered as an einbalmer, 13
and shall receive a certificate thereof signed by the chairman and secre- 14
Chap. 112.] registration of certified public accountants. 1393
15 tary of the board. Any such applicant may be re-examined at any meet-
16 ing of the board upon payment of three dollars. Every registered em-
17 balmer shall annually, on such date as the board may determine, pay to
18 the secretary thereof two dollars for the renewal of his registration. In
19 case of failure to make the payment for the renewal of registration upon
20 the date designated by the board, reinstatement may be obtained upon
21 ap{)lication within ten days after said date by the payment of ten dollars
22 in addition to the regular fee of two dollars for renewal. In case a regis-
23 tered embalmer fails to renew his registration on the date so designated,
24 the board, not later than two days thereafter, shall so notify him.
1 Section 83. The board shall adopt rules and regulations consistent J^^lff^f;"^,
2 with law governing the care and disposition of human dead bodies and i905, 473, § 6.
3 the business of embalming.
1910, 390. 200 Mass. 474.
1 Section 84. The board shall keep a record of the names of all persons Rerords.
2 registered by it and of all moneys received and disbursed by it, a dupli- i905"473i''§7.'
3 cate whereof shall always be open to public inspection in the office of the
4 state secretary. The Ijoard shall make an annual report showing the
5 condition of embalming in the commonwealth.
1 Section 85. The board shall investigate all complaints of violation Complaints to
2 of any provision of sections eighty-two to eighty-seven, inclusive, and igo'srifsf § I. '
3 bring them to the notice of the proper prosecuting officers.
1 Section 86. Every holder of a certificate of registration from the certificate to
ay it in his ]
1905, 473, § 9.
2 board shall conspicuously display it in his place of business. ousiydlspiayed.
1 Section 87. Whoever, not being registered under section eighty- Person not
2 two or corresponding provisions of earlier laws, shall, by himself or by prohibit'ed from
3 his agent or servant, unless such agent or servant is so registered, engage eSimfng.
4 in the business of embalming human dead bodies shall, except as provided pjnaity°°^'
5 in section sLxty-five, be punished by a fine of not more than one hundred }905, 473, 5 10.
6 dollars or by imprisonment for not more than two months, or both; but § 225.
7 sections eighty-two to eighty-seven, inclusive, shall not prohibit the em-
8 ployment of apprentices or assistants under the personal supervision of a
9 registered embalmer.
registration of certified public accountants.
1 Section 87A. The board of registration of certified public account- ^"j'je^^^nd
2 ants, in this and the four following sections called the board, shall examine board of
3 applicants for registration as certified public accountants. It shall make RfJorde.
4 sucii rules and regulations as are necessary for the proper conduct of its fb'oolm''""^''
5 duties. The board shall keep a full record of its proceedings, and a fljg.lso. § 45,
6 registry of all persons registered by it which shall be open to public inspec- c-g^Jjj 'gf- °*
7 tion. A duplicate list shall also be open to inspection in the oflSce of the §§ 35, 37.
8 state secretary. The board shall make an annual report.
1923,470, §§ 2, 3.
1 Section 87B. The board shall examine any citizen of the United Examinations.
2 States resident in the commonwealth and not less than twenty-one years i909, 399, s 2.
3 of age, who may apply for a certificate, shall investigate his character and 1919; 356, § 45.
1394
REGISTRATION OF BARBERS.
[Chap. 112.
G. L. (cd. of
-g -- 3-3,3^ fitness, and shall require the pajinent of a fee of twenty-five dollars. 4
1923, 470, ' The fee for re-examination shall be fixed under regulations made by the 5
board. G
Registration
and certificate.
1909. 399.
§§ 1,3.
1919, 350, § 45.
G. I., fed. of
19i;0j 93, § 37.
Section 87C. Any applicant whom the board deems to have the 1
necessary qualifications and professional ability shall be registered as a 2
public accountant by the board and shall receive a certificate thereof 3
signed by the chairman and secretary of the board. 4
1922, 395, § 1.
1933. 470,
i2, 3.
Authority to
registered
public ac-
countant to
Btvie liimself
"Certified
Public
Accountant".
Section 87D. A public accountant, registered under the provisions
of the preceding section or corresponding provisions of earlier laws, may,
if the certificate issued to him under said provisions has not been sus-
pended or revoked, style himself " Certified Public Accountant".
1910, 203, § 1. G. L. (ed. of 1920) 93, § 38. 1923, 470, §§ 2, 3.
Use of desig-
nation re-
stricted.
Penalty.
1909, 399, 5 i.
G. L. (ed. of
1920) 93,
1922, 395,
1923. 470,
§§ 2, 3.
1931, 426,
§ 226.
39.
Section 87E. No person, not registered under the provisions of 1
section eighty-seven C or corresponding provisions of earlier laws, shall 2
designate himself or hold himself out as a certified public accountant. 3
No partnership unless all of its members are registered under said pro- 4
visions, and no corporation, shall use the words "certified public account- 5
ant" in describing the partnership or corporation or the business thereof; 6
provided, that any partnership or corporation may represent that a 7
specified person registered under said provisions is a member of such 8
partnership or is in the service of such partnership or corporation. Any 9
violation of this section which is not punishable under section sLxty-five 10
shall be punished by a fine of not more than five hundred dollars or by 11
imprisonment for not more than six months, or both. 12
Definitions.
1931, 418, § 2.
registration of barbers.
Section 87F. The following words, as used in the following thirteen 1
sections, unless the context otherwise requires, shall have the following 2
meanings: — 3
"Barber", any person who, personally or by any other person, for 4
compensation, shaves or trims the beard, cuts the hair, gi\'es facial and 5
scalp massaging, facial and scalp treatments with oils and creams and 6
other preparations made for that purpose, either by hand or by me- 7
chanical appliances, singes and shampoos the hair or applies any make of 8
hair tonics, and/or dyes the hair, of any male person; 9
"Board", board of registration of barbers; 10
"Cosmetologist", any person, who, with hands or mechanical or 11
electrical apparatus or appliances, or by the use of cosmetic preparations, 12
antiseptics, tonics, lotions, or creams, engages for compensation in any 13
one or any combination of the following practices, to wit: — Massaging, 14
cleansing, stimulating, manipulating, exercising, beautifying the scalp, 15
face, neck, arms, bust or upper part of the body, or manicuring the 16
nails, or removing of superfluous hair, by the use of electricity or other- 17
wise, about the body of any female, but not about the body of any male. 18
[Note :
418, § 7.1
87F-87S not applicable to certain counties, cities and towns, see 1931,
Hee^rib^"""'" Section 87G. The board shall hold practical examinations, to be 1
Annuaf'report '^^'*^ '"^ citics iu diflcrent parts of the commonwealth, distributed as 2
1931, 418, 5 2. evenly as possible for the convenience of the applicants, and such other 3
Chap. 112.] registr-\.tion of b.arbers. 1395
4 examinations at such times and places as the board may, from time to [See note to
5 time, determine, of apphcants for registration as barbers, and such appH- ^ *
6 cants, if found qualified, shall be registered by the board as barbers.
7 The board shall keep a full record of its proceedings. It shall also keep
8 a register of applicants for certificates of registration, showing the name
9 of the applicant, the name and location of his place of occupation or
10 business, and whether he was granted or refused a certificate, a register
11 in which shall be entered the names of all persons to whom certificates
12 of registration or permits, other than permits referred to in section eighty-.
lo seven I, are issued or granted, and a register of apprentices and students
14 to whom permits have been granted under section eighty-seven I; and
1.5 said registers shall be at all times open to public inspection. The board
l(i shall make an annual report, which shall include an itemized statement
17 of all receipts and expenses of the board for the year.
1 Section 87H. Any person desiring to obtain a certificate of regis- Prerequisites
2 tration shall make application to the board therefor, pay to the secretary c°ertifica'te.'°°'
3 thereof a fee of ten dollars and furnish to the board a certificate of a peTnut""'*
4 registered physician as to the freedom of the applicant from infectious ^^^^' "^' ^ ^■
5 and contagious diseases, and shall present himself at the next regular '§'87r.'i*'"°
6 meeting of the board for the examination of applicants, or at a later
7 meeting of the board if it so votes, and thereupon, if he shows that he
S has studied and practiced the occupation of barbering for two years as
9 an apprentice under one or more registered barbers, or for at least six
10 months in a properly equipped and conducted barber school or barber
11 college under the instruction of a registered barber and eighteen months
12 as an apprentice under a registered barber, or practiced such occupation
1.3 for at least two years in this and/or other states, and that he is possessed
14 of the requisite skill in such occupation to perform properly all the duties
15 thereof, including the preparation of the tools, shaving, haircutting and
16 all the duties and services incident thereto, and has sufficient knowledge
17 concerning diseases of the face and skin to avoid the aggravation and
18 spreading of such diseases in the practice of such occupation, the board
19 shall issue to him a certificate of registration, signed by the chairman
20 and the secretary and attested by its seal. Such certificate shall be
21 evidence that the person to whom it is issued shall, subject to section
22 eighty-seven J, be entitled to follow the practice of the occupation
23 referred to therein.
24 Each person making application for examination hereunder shall be
25 allowed to practice the occupation of barbering until the next meeting
26 of the board, and the board shall grant without charge a permit author-
27 izing him to practice such occupation until such next meeting; provided,
28 that the board may, in its discretion, extend such permits until the date
29 of a subsequent meeting of the board.
1 Section 871. Nothing in sections eighty-seven F to eighty-seven R, iPf'^tSdems.
2 inclusive, shall prohibit any person from serving in this commonwealth i^^i. 4i8, § 2.
3 as an apprentice in such occupation under a registered barber or from fl^^f'' '■°
4 serving therein as a student in any barber school or barber college under
5 the instruction of a registered barber; provided, that such registered
6 barber, or the person owning or operating such barber school or barber
7 college, shall immediately report in writing to the board the name and
8 age of each apprentice or student working under his direction or training,
9 and shall furnish to the board a certificate of a registered physician that
1396
REGISTRATION OF BARBERS.
[Chap. 112.
said apprentice or student is not afflicted witli any contagious or infectious 10
disease. Thereupon, and upon the payment of a fee of five dollars by 11
the person operating or conducting such school or college, or by such 12
apprentice, as the case may be, the name of such apprentice or student 13
shall be entered in a register of the board for the registering of apprentices 14
and students, and the board may grant to him a permit to practice as 15
an apprentice under a registered barber or as a student in a barber 16
school or barber college under the instruction of a registered barber. 17
After having so practiced for two years under a registered barber, or sLx 18
months in a properly equipped and conducted barber school or barber 19
college under the instruction of a registered barber and eighteen months 20
under a registered barber, and upon payment of the required fee for 21
examination, such apprentice or student shall be eligible for examination 22
by the board for registration as a barber. 2.3
Card or in-
signia; dis-
play, renewal,
effect of
failure to
renew.
1931,418, § 2.
[See note to
§ 87F.]
Section 87J. The board shall furnish without charge to each person 1
to whom a certificate of registration is issued a card or insignia bearing 2
the seal of the board and the signatures of its officers, certifying that the 3
holder thereof is entitled to practice the occupation of barbering in this 4
commonwealth during the calendar year in which it was issued. Such 5
card or insignia shall be posted by the holder in a conspicuous place in 6
front of his working chair where it may be readily seen. The card or 7
insignia held by any person whose certificate of registration has been 8
properly renewed shall be renewed annually without charge on or before 9
the first day of January upon the presentation of a certificate from a 10
registered physician as to the freedom from contagious or infectious 11
disease of the holder of such card or insignia. If any holder of a cer- 12
tificate of registration fails to apply for a renewal of his card or insignia 13
on or before the first day of January in any year, said certificate of 14
registration may be revoked by the board.
15
Rules and
regulations.
Entry into
shops. In-
spections, etc.
Quarantine.
1931, 418, § 2.
[See note to
I 87F.]
Section 87K. The board shall make such reasonable rules and 1
regulations as are necessary for the proper conduct of its business, and 2
especially to provide for the sanitary regulation, subject to the approval 3
of the state department of public health, of barber shops, barber schools 4
and barber colleges, and the training of apprentices and of students 5
therein. Each member of the board may enter any barber shop during 6
business hours for the purpose of inspecting such shop. Whenever a 7
complaint is made to the board that any barber shop is kept in an un- 8
sanitary condition, or that infectious or contagious disease has been 9
imparted thereat, a member of the board shall visit and inspect such 10
shop and enforce the provisions of sections eighty-seven F to eighty- 11
seven R, inclusive. If, upon such inspection, any such shop shall be 12
found to be in an unsanitary condition or it is determined by a member 13
of the board that infectious or contagious disease has been imparted 14
to any person thereat, the board shall immediately notify the district 15
health officer and such shop shall be quarantined and no barber em- 16
ployed therein shall, unless so authorized by the board, practice his 17
occupation until such quarantine shall have been removed by said health 18
officer. 19
Suspension,
etc., of cer-
tificate of
registration
regulated.
Section 87L. The board may suspend, for not exceeding six months, 1
the certificate of registration of any barber for habitual tlrunkenncss, for 2
having epilepsy or other disease endangering the health or safety of 3
Chap. 112.] registration of barbers. 1397
4 persons whom he may serve, for faikire to comply with sanitary rules or issuance of
5 regulations of the board approved by the state department of public; iu3i!7is.T2!'
6 health, or for having imparted any contagious or infectious disease, or isoc note to
7 may revoke such certificate upon proof of any violation of its rules and
8 regulations; provided, that before any certificate shall be so suspended
9 or revoked, the holder thereof shall have had notice in writing of the
10 charge or charges against him, and at a day specified in said notice, at
11 least five days after the service of notice thereof, shall have been given a
12 public hearing and an opportunity to present testimony in his behalf,
13 and to confront the witnesses against him. Any person whose certificate
14 of registration has been so revoked may apply to have a new certificate
15 of registration granted to him, and, upon satisfactory proof that the
16 disqualification of such person has ceased, and that he is a proper person
17 to be registered as a barber, the board shall grant to him a new certificate
18 of registration.
1 Section 87M. The board may require the attendance and testimony Hearings.
2 of witnesses and the production of such books, records and papers as it ,., ' '
„ , . , . ^ . 1 • 1 • I 1 • • i- I'See note to
6 desires at any hearmg or m any matter which it has authority to investi- § 87f.i
4 gate, and for that purpose the secretary may issue a subpoena for any
5 witness or a subpoena duces tecum to compel the production of any books,
6 records or papers. Fees and mileage shall be the same as those allowed
7 in the superior court in criminal cases and shall be paid from the fund in
8 the state treasury for the use of the board, in the same manner as the
9 compensation and expenses of the board are paid.
1 Section 87N. Any person aggrieved by any action of the board fj'j'^ii's, § 2.
2 refusing to grant, or suspending or revoking, a certificate of registration [^^g ^ote to
3 or a permit for any cause, may, within ten days after such action, appeal ^ '^^^ '
4 to the superior court of the county wherein he resides, and the decision
5 of said court shall be final.
1 Section 870. Fees referred to in sections eighty-seven F to eighty- Fees; pay-
2 seven R, inclusive, shall be paid in advance to the secretary of the board, po'ski'on'^'
3 who shall pay them monthly to the state treasurer; and such fees shall '*''' *'*' ■
4 thereafter be held by the state treasurer as a fund for the use of the board. fsTF.l "^
1 Section 87P. Any school or college where tuition or fees are charged ^^-''''f,'' schools
^ '^ _ ^ ^ or colleges.
2 for teaching the occupation of barbering shall be considered a barber lasi. 418, § 2.
3 school or barber college under sections eighty-seven F to eighty-seven L^gyp']** '"
4 R, inclusive, and all said schools or colleges shall keep prominently dis-
5 played at the entrance a sign "Barber School" or "Barber College", as
6 the case may be. Any person desiring to operate or conduct a barber
7 school or barber college within this commonwealth shall first secure from
8 the board a permit to do so, and shall keep such permit prominently
9 displayed in such school or college, and shall before commencing business
10 give to the state treasurer a bond, in such amount and with such sureties
11 as shall be determined and approved by the governor and council, con-
12 ditioned upon the faithful compliance by himself in the conduct of said
13 school or college with all the provisions of said sections and of all rules
14 and regulations made under authority thereof, and to pay all judgments
15 that may be obtained against said school or college or the owners or
16 managers thereof on account of fraud, misrepresentation or deceit prac-
17 ticed by themselves, their agents, servants or employees. The board
1398
GENERAL PROVISIONS, ETC.
[Chap. 112.
Certificates of
registration;
term, renewal,
deferred
renewal.
1931, 418, § 2.
[See note to
§ 87F.1
General
penalty.
1931,418, § 2.
[See note to
§ 87F.]
Application of
§§ 87F-87R
limited.
1931, 418, § 2.
[See note to
§ 87F.1
may from time to time examine into the qualifications, appointments, L?
course of study and hours of study in any such school or college, and may 19
suspend or revoke the certificate of registration of the person operating 20
or conducting such school or college or of any registered barber acting 21
as instructor or teacher therein, or the permit of any such school or 22
college, for the violation of any of said sections or of any rule or regulation 23
made under authority thereof. 24
Section 87Q. Each certificate of registration issued by the board 1
shall expire on the thirty-first day of December next succeeding its date. 2
The board may renew any such registration, and issue a certificate thereof, 3
upon the payment of an annual renewal fee of two dollars. Any person 4
holding such a certificate which has expired may, within three years of 5
the date of expiration, upon payment of a fee of two dollars and upon 6
furnishing satisfactory proof of his qualifications to resume the practice 7
of his occupation, receive from the board a new certificate of registration. 8
Section 87R. Whoever engages in or follows, or attempts to engage 1
in or follow, the occupation of barbering, or conducts or attempts to 2
conduct a barber school or barber college, unless so authorized to do by 3
the board, or falsely pretends to be qualified to practice such occupation, 4
or violates any provision of sections eighty-seven F to eighty-seven R, 5
inclusive, or any rule or regulation made under authority thereof, shall, 6
in addition to any other penalty prescribed or authorized by said sections, 7
be punished by a fine of not more than one hundred dollars or by imprison- 8
ment for not more than ninety days, or both. 9
Section 87S. Nothing in sections eighty-seven F to eighty-seven R, 1
inclusive, shall be construed to refer to a beauty shop, so called, or a 2
hairdressing parlor, so called, patronized exclusively by females, or to a 3
cosmetologist, as defined in section eighty-seven F. 4
general provisions as to all state boards of registr-vtion or
examination.
Issue of certi-
fied statements
and duplicate
certificates.
191.5. 301, §8.
1918, 217,
§§ 1-3.
Section 88. Except as otherwise provided in section thirty-three of 1
chapter ninety, every board of registration or examination established 2
by the commonwealth shall — 3
(1) Establish rules and regulations stipulating what information is 4
to be furnished in a certified statement of registration for the fee of one 5
dollar, and stipulating that, in case any additional information is fur- 6
nished, the fee shall be two dollars. 7
(2) Furnish to any applicant the certified statement of registration 8
applied for, provided that the application therefor is accompanied by 9
the fee prescribed by its rules and regulations established as provided 10
above. 1 1
(3) Issue a duplicate certificate of registration upon satisfactory e\i- 12
dence that the original certificate has been lost or destroyed, and the fee 13
therefor shall be five dollars. 14
Chap. 113.]
PROMOTION OF ANATOMICAL SCIENCE.
1399
CHAPTER 113.
PROMOTION OF ANATOMICAL SCIENCE.
Sect.
1. Disposition of bodies of certain de-
ceased persons.
2. Certain bodies not to be so disposed of.
3. Body to be held fourteen days for
identification, etc.
Sect.
4. Taking of such body; bond.
5. Autopsies.
6. Bodies of murderers may be dissected.
1 Section 1. Upon the written application of the dean or other officer Disposition
2 of any medical school established by law in the commonwealth, the of c°rVain
3 board of public welfare of a town, the institutions commissioner of perTOns!^
4 Boston or the penal institutions commissioner of Boston, the trustees {||5' H'j^^'a
5 and superintendent of the state infirmary or other public institution sup- m ol'o^^i'
6 ported in whole or part at the public expense, except the Soldiers' Home isss! 323,' s 1.
7 in Massachusetts at Chelsea, in this chapter called the authorities, shall 1879, 291, § 9.
8 permit such dean or other officer to take, within three days after death, i89^i,ls'5, § i;
9 the body of any person, required to be buried at the public expense, who Iggg, 479^ 5 1_
10 died in such town or in any institution under the control of such author- J^^l' 77^ § 1
11 ities, to be used within the commonwealth for the promotion of anatom- P,'!^^'''''
12 ical science. In giving such permission regard shall be had to delivering i'.)i9. s.
13 such bodies to any such medical schools in proportion, so far as practi- 1931! 426,
14 cable, to the number of students therein.
2 Op. A. G. 1.
Section 2. Such permission shall not be given to take the body of no[f ''J,''"'*'^^
any soldier or sailor, known to be such, who served in the war of the disposed ot.
rebellion or in any war between the United States and any foreign 1834! i87, § 3.
power, or the body of any stranger or traveler who died suddenly, or 1845,242, §'2!
the body of a person who, during his last sickness, of his own accord p. i. Hi It
6 requested that his body be buried or delivered to a friend, but such body HH' l^l' ^ ^■
7 shall, in conformity with such request, if any, be buried or delivered to |§ !• 3
8 such friend. §§1.3. '
1918, 257, § 298. 1919, 5. 1920, 2.
Section 3. No body of a deceased person which is subject to section Body to be
one shall be used for fourteen days after death for the promotion of daysfof'"^"
anatomical science, but it shall during such period be kept by the au- jJ^nt'fi<^='"o°'
thorities or dean or other officer in a condition and place to be viewed JI34' 187^1^3
5 by any person, at all reasonable times, for the purpose of identification. Rs. 22, §§ 11
6 If, within such time, any person claiming to be and satisfying the author-
7 ities that he is a friend or is of kindred to the deceased asks to have the
8 body buried or surrendered to himself, the body shall in conformity with
9 such request be either buried or delivered to such friend or kindred.
R. L. 77, §§2, 3. 2 0p. A. G. 1.
12.
1845, 242, § 2.
G. S. 27, S 4.
P. S. 81, § 4.
1891, 185, §2.
1898, 479,
§§2,3.
1 Section 4. Such dean or other officer, if he has been given permis- Taking of such
2 sion to take the body of a deceased person as provided in section one, i8.3o,'57,°§ 3.
3 shall, before receiving it, give to the authorities surrendering it, a bond r*'*s.'22^§\2;
4 conditioned that he will comply with the preceding section and that p |- g[' ||-
5 after the time prescribed therein, if the body has not been buried or ^^^- il?'^^'
1400
Autopsies.
1902, 417.
Bodies of
murderers
may be
dissected.
1784, 9, § 4.
1804, 123, S 1.
R. S. 125, § 2.
G. S. 160, 5 8.
P. S. 202, § 8.
R. L. 77, § 4.
1904, 204.
[Chaps. 11.3,114.
6
delivered in accordance therewith, it shall be used only for the promo- ^
tion of anatomical science in the commonwealth in such manner as not /
to outrage public feeling, and that, after having been so used, the remams b
shall be decently buried.
Section 5 Before surrendering the body of any such person as pro-
vided in the four preceding sections, the chief medical officer of any
institution named in section one may, if the cause of the death cannot
otherwise be determined and if such body is unclaimed by relatives or
friends, cause an autopsy to be made upon it.
Section 6. Upon conviction of murder in the first degree, the court
mav order the body of the convict after his execution to be dissected.
The warden of the state prison shall in such case deliver it to a protessor
of anatomy or surgery in a medical school established by law m the
commonwealth, if so requested; otherwise, he shall, unless the convicts
friends desire it for interment, deliver it to any surgeon attending to
receive it who will undertake to dissect it.
1
2
3
4
5
1
2
3
4
5
6
7
CHAPTER 114.
CEMETERIES AND BURIALS.
Sect.
CEMETEKT AND CREMATORY CORPORATIONS.
1. Organization of cemetery corpora-
tions.
2. Powers and duties.
3. Record of conveyance of lots.
4. Certified copies as evidence.
5. Trust funds.
6. Cremation.
7. Crematory corporations. Organiza-
tion, etc.
8. Same subject. Right to hold real es-
tate.
9. By-laws and regulations. Conduct of
business regulated. Penalty.
rOBLIC CEMETERIES.
10. Towns to provide burial places.
11. Taking land for burial places. Appli-
cation to county commissioners.
Same subject. Hearing. Notice.
Same subject. Adjudication. Taking.
Same subject. Compensation of com-
missioners.
Appropriation for improvements, etc.
Sale of burial rights. Disposition of
proceeds.
16. Appropriation for and care of certain
cemeteries.
17. .Vncient burial places to be preserved.
18. Care of neglected burial places.
12.
13.
14.
15.
Sect.
19. Deposits for perpetual care.
20. Deposits of such funds with state
treasurer.
21. Same subject. Management, etc.
BOARDS OF cemetery COMMISSIONERS.
22. Election of members. Terms, etc.
23. Powers and duties.
24. Conveyance of lots. Record.
25. Gifts for cemeteries.
26. Limit of debts incurred. Annual re-
port.
27. Appointment of commissioners. Pow-
ers and duties.
USE OF CEMETERIES.
28. Cemetery corporations, etc., may hold
lots, etc., in trust for preservation.
29. Lots, etc., indivisible but inheritable.
Limitations.
30. Hearing as to representation.
31. Family lot to descend to heirs.
32. Wife's right of interment.
33. Husband's right of interment.
34. Use of land for new cemetery or ex-
tension of old one. Penalty.
35. Plan to be approved by department of
public health.
36. Appeal from local board of health.
Chap. 114.]
CEMETERIES AND BURIALS.
1401
Sect.
37. Regulations by local boards of health.
Notice.
38. Closing of tombs, etc.
39. Appeal from order of board.
40. Trial. Costs.
41. Ways not to be laid out over burial
places without authority.
42. Passing through cemeteries regulated.
Penalty.
43. Buildings in city burial place regulated.
Sect.
cremation and burial.
44. Cremation regulated.
45. Burial permits.
Burial of bodies, etc., brought into
commonwealth.
Certificates for burial, etc.
Burial of ashes of human body regu-
lated.
Undertakers to be licensed. Penalty.
46
49.
50. Penalty for violation of §§ 44-48.
CEMETERY AND CREMATORY CORPORATIONS.
1 Section 1. Five or more persons desirous of procuring, establishing Organization
2 and preparing a cemetery, or who are the majority in interest of the rarpTaSs.
3 proprietors of an existing cemetery, may organize as a corporation in JIH; H*' ^ ^'
4 the manner provided in chapter one hundred and seventy-nine; but|,^^'|g ,j
5 such corporation shall not sell or impair the right of any proprietor of S ?*^'\^-
6 an existing cemetery.
103 Mass. 94. 168 Mass. 92. 218 Mass. 387. 270 Mass. 465.
1 Section 2. Such corporation shall be subject to chapter one hundred J°""^ ""''
2 and fifty-fi\'e and the first thirteen sections of chapter one hundred and R, '^ 38. § 7.
3 seventy-nine; may take and hold only so much real and personal prop- §§2-4.
4 erty as may be necessary for the objects of its organization; may lay cf°l.'2l,'§2i
5 out such real property into lots; and may grant and convey the exclu- is66,'io4.
6 sive right of burial in, and of erecting tombs or cenotaphs upon, any f§|;|"'
7 lot and of ornamenting the same, upon such terms and conditions and j^g'^^ias's Ms
S subject to such regulations as it shall prescribe. Section thirty-four of '
9 chapter one hundred and fifty-eight shall apply to such corporation.
1 Section 3. Every cemetery corporation created by special charter Reoorti of
2 or organized under general laws shall regularly keep books in which it Inltl^""^
3 shall enter all conveyances of burial lots within said cemetery and all ^^''f'l^"'
4 instruments of contract relating to conveyances of such lots. Such J^g^ *^,^5 ^■
5 records, and similar records made by such corporation prior to June isss' 299!
6 second, eighteen hundred and eighty-nine, shall have the same efi'ect as '
7 if made in the registry of deeds for the county or district where such
8 cemetery is situated, and no other record shall be necessary.
1 Section 4. The secretary or clerk of such corporation may give cer- Certified
2 tified copies of all deeds and instruments so recorded, which may be used evidm?!.
3 in evidence in the same manner as copies certified by the register of deeds, p* a'||f § 7.^'
R. L. 78, § 4.
1 Section 5. Such corporation may hold funds in trust and apply the Trust funds.
2 income thereof to the improvement or embellishment of the cemetery or r a'sl.^j 8.
3 to the care, preservation or embellishment of any lot or its appurtenances. f53^MS3.^462.
163 Mass. 509.
1 Section 6. Such corporation may cremate bodies of the dead, and fsl^^g?"'!!.
2 may provide necessary buildings and appliances therefor and for the dis- R ^l! 78/§ 6^
3 position of the ashes of the dead on any land within its cemetery which 1919! sso! § 9b
4 the department of public health determines is suitable therefor, and such
5 buildings and appliances shall be a part of the cemetery and be dedi-
1402
CEMETERIES AND BURIALS.
[Chap. 114.
cated to the burial of the dead, and shall be held by said corporations 6
subject to the duties, and with the privileges and immunities, which they 7
now have by law. 8
Crematory
corporations.
Organization,
1885. 265. § 1.
R. L. 78, § 7.
1919. 333, § 9.
1920, 2.
218 Mass. 387.
Section 7. Five or more persons may form a corporation in the
manner provided in chapter one hundred and fifty-six, with a capital of
not less than six thousand nor more than fifty thousand dollars, divided
into shares of a par value of either ten or fifty dollars, for the purpose of
providing the necessary appliances for the disposal by cremation of the
bodies of the dead ; and they shall have the same powers and privileges,
and be subject to said chapter except as provided in the two following
sections.
Same s^ubj^ect. SECTION 8. Such Corporation may acquire by gift, devise or purchase, 1
real estate. and hold in fee to an amount not exceeding fifty thousand dollars, land 2
R. l! 78?'§ 8. ■ necessary and appropriate for its purposes and situated in such place as 3
1919; 35o! § 96. the department of public health determines to be suitable. 4
By-laws and
regulations.
Conduct of
business
regulated.
Penalty.
1885, 265,
§§2.3.
1898, 437, §
R. L. 78. § 9
1914, 792, §
1919, 350, §
Section 9. Cemetery and crematory corporations may, subject to 1
the approval of said department, make by-laws and regulations consistent 2
with law for the reception and cremation of bodies of the dead and for 3
the disposition of the ashes thereof, and shall conduct their business in 4
2. accordance with such regulations as said department shall establish and 5
J furnish in writing to the clerk of the corporation. Violation of any such 6
96. regulation of said department shall be punished by a fine of not less than 7
twenty nor more than five hundred dollars. Such corporations shall not 8
erect, occupy or use any building for cremation until the location and 9
plans thereof with all details of construction have been submitted to and 10
approved by said department or by a person designated by it. 11
Towns to pro-
vide burial
places.
PUBLIC CEMETERIES-
Section 10. Each town shall provide one or more suitable places for 1
the interment of persons dying within its limits.
1855, 257. § 1.
G. S. 28, § 4.
P. S. 82, § 9.
R. L. 78, § 10.
Taking land
for burial
places. Ap-
plication to
county com-
missioners.
1866, 112, § 1.
1877, 69, § 1.
P. S. 82, § 10.
R. L. 78, § 11.
103 Mass. 106.
1 Op. A. G.
327.
Section 11. If there is necessity for a new cemetery in a town, or
for the enlargement of an existing cemetery in and belonging to a town,
and the owner or any person interested in the land needed for either
purpose refuses to sell the same, or demands therefor a price which the
selectmen consider unreasonable, or is unable to convey it, the selectmen
may, with the approval of the town, make application therefor by WTitten
petition to the county commissioners of the county where the land lies.
Same subject.
Hearing.
Notice.
18B6, 112, § 2.
1877, 69. § 2.
P. S. 82, 5 11.
R. L. 78, 5 12.
Section 12. The commissioners shall appoint a time and place for a 1
hearing, and shall cause notice thereof and a copy of the petition to be 2
served personally upon the owner, if known, or left at his place of aliode, 3
fourteen days at least before the time appointed for the hearing. If the 4
land is held in trust or by a corporation, or if the ownership is uncer- 5
tain, the commissioners shall also give notice by public advertisement 6
or otherwise. 7
COA-P. 114.] CEMETERIES AND BURIALS. 1403
1 Section 13. The commissioners shall hear the parties at the time Samosubjcct.
i .^uv^iiw ^ , ,1 1. 1 11 1- !• , Adjudication.
2 and place appomted or at an adjournment thereof, shall adjudicate Taking.
3 upon the necessity of such taking, upon the quantity and boundaries K's. '
4 of any land adjudged necessary to be taken, and may take in fee under }=**"; si,' §?2.
5 chapter seventy-nine on behalf of the town such land as is adjudged "■■ ^' 7**' 5 13.
6 necessary.
1 Section 14. Each commissioner shall be paid by the town three same subject.
2 dollars a day for each day spent in acting under the petition, and five of^raSa-""'
3 cents a mile for travel to and from the place of hearing. "''°''"-
1866,112,54- 1877, 69, §4. P. S. 82, § 13. R. L. 78, § 14.
1 Section 15. Towns may appropriate money for enclosing any Appropriation
2 cemetery lawfully provided by them or for constructing paths and monts, etc.
3 avenues and embellishing the grounds therein, and may establish all rights. e"'"
4 necessary rules relative thereto consistent with law. They may lay out ^'p^oceed"
,5 such cemetery into lots, and shall set apart a suitable portion as a public }82|' 107.^ ^^
6 burial place for the use of the inhabitants, free of charge. They may sell c^^s. w. 1 10.
7 and convey to any person, resident or non-resident, the exclusive right ^ |'«2^'yj|
8 of burial and of erecting tombs and cenotaphs upon any lot and of orna- 1909! 279.
9 menting the same, upon such terms and conditions and subject to such
10 regulations as they shall prescribe. The proceeds of such sales shall be
11 paid into the town treasuries, be kept separate from other funds, and be
12 appropriated to reimburse the towns for the cost of the land, its care,
13 improvement and embellishment, or the enlargement of the cemetery.
1 Section 16. Any town may annually appropriate and raise by taxa- Appropriation
2 tion such sums as may be necessary to care for and keep in good order and oTcenain""
3 to protect by proper fences any or all burial grounds within the town in ^ITs.Tse''
4 which ten or more bodies are interred and which are not properly cared
5 for by the owners, and the care and protection of such burial grounds shall
6 be in charge of the cemetery commissioners, if the town has such officers,
7 otherwise in charge of the selectmen.
1 Section 17. A town shall not alienate or appropriate to any other Ancient burial
2 use than that of a burial ground, any tract of land which has been for prese^ve'd. "
3 more than one hundred years used as a burial place; and no portion of i?s'.'82,^§ le.
4 such burial ground shall be taken for public use without special authority ^- ^- ^*' ^ ^''■
5 from the general court.
1 Section 18. Any town having within its limits an abandoned or neg- Care of
P. lected burying ground may take charge of the same and keep it in good wili places.
3 order, and may appropriate money therefor, but no property rights shall 55°f;|.*'''
4 be violated and no body shall be disinterred. No fence, tomb, monu-
5 ment or other structure shall be removed or destroyed, but the same may
6 be repaired or restored.
1 Section 19. A town may receive, hold and apply any funds, money Deposita^for^
2 or securities deposited with the treasurer thereof for the preservation, i870, 225.
3 care, improvement or embellishment of any public or private burial place p asb, § 17.
4 situated therein, or of burial lots situated in such burial places. Such ^^l' ^l^-j jg
5 funds, money or securities shall be entered upon the books of the treasurer, 1^3 Mass. 462.
€ and held in accordance with ordinances or by-laws relative thereto. A
1404
CEMETERIES AND BURI.VLS.
[Chap. 114.
Deposits of
such funds
with state
treasurer.
1901, 351,
§§1,2.
R. L. 78, § 19.
1904, 422, I 1.
Same subject.
Management,
1901, 351,
§§3,4.
R. L. 78, § 20.
1904, 422, § 2.
town may pass ordinances or by-laws, consistent with law, necessary for 7
the purposes of this section, and may allow interest on such funds at a 8
rate not exceeding six per cent a year. 9
Section 20. Money declared by written instrument to be intended 1
for perpetual care, maintenance, improvement or embellishment of any 2
cemetery, or of any lots or plots therein, to an amount not less than two 3
hmidred dollars, may be deposited with the state treasurer, who shall 4
receive and receipt for it in the name of the commonwealth. The de- 5
positors at the time of making such deposit shall file with him and with 6
the state secretary a copy of such instrument. If the cemetery belongs 7
to a corporation, the deposit shall be accompanied by a written agree- 8
ment, signed by the president thereof, to the effect that it will accept the 9
income derived from the fund so deposited, and will apply it to the pur- 10
poses set forth in the instrument. 11
Section 21. The state treasurer shall invest such money in the 1
name of the commonwealth, in bonds or other obligations of the common- 2
wealth or in securities in which he is authorized to in^'est money in 3
behalf of the commonwealth; and, on the first days of February and 4
August in each year, he shall pay over the accrued interest thereof to 5
the treasurer of any association owning a cemetery for the care, main- 6
tenance or improvement of which, or of any lot therein, the money has 7
been deposited with him. If such cemetery is not owned by any associa- 8
tion, such interest shall be paid to the town where the cemetery is located. 9
At the time of paying such interest, the state treasurer shall inform the 10
person to whom it is paid of the purpose to which it is to be applied, as 11
stated in the copy of the instrument which is filed with him, and the 12
person to whom it is paid shall apply it to such purpose. 13
BOARDS OF cemetery COMMISSIONERS.
Election of
members.
Terms, etc.
1890,264, §1.
R. L. 78, § 21.
1917, 7.
1920, 591, § 19.
Section 22. A town which accepts this and the four following sec-
tions or has accepted corresponding provisions of earlier laws may, at
any town meeting, elect by ballot a board of cemetery commissioners
consisting of three persons. If such board is first chosen at a meeting
other than an annual town meeting, one member shall be elected for one
year from the day following that fixed for the last preceding annual town
meeting, one member for two years and one member for three years
from said day; and annually thereafter one member shall, at the annual
town meeting, be elected by ballot for a term of three .>ears. Such
boards shall choose a chairman, and a clerk who may be a member of 10
the board. 11
Powers and
duties.
1890, 264,
55 1,2.
R. L. 78, § 22.
Section 23. Said board shall have the sole care, superintendence and 1
management of all public burial grounds in its town, may lay out any 2
existing public burial grounds in its town or any land purchased and set 3
apart by said town for such cemeteries, in lots or other suitable subdivi- 4
sions, with proper paths and avenues, may plant, embellish, ornament 5
and fence the same and erect therein such suitable edifices and con- 6
veniences and make such improvements as it considers convenient; 7
and, subject to the approval of the town, may make such regulations, S
consistent with law, as it deems expedient. 9
Chap. 114.] cemeteries and buruls. 1405
1 Section 24. Said board may, by deed made and executed in such Conveyance
2 manner and form as it may prescribe, convey to any person the sole and iiemrd.
3 exclusive right of burial in any lot in such cemeteries and of erecting r.T 78!'§^23.
4 tombs, cenotaphs and other monuments or structures thereon upon such
5 terms and conditions as its regulations prescribe. Such deeds and all
6 subsequent deeds of such lots made by the owners thereof shall be re-
7 corded by said board in suitable books of record, which shall be open to
8 the public at all reasonable times.
1 Section 25. A town in which cemetery commissioners are chosen Gifts for
2 may receive gifts or bequests for maintanimg cemeteries or cemetery isgo, 264,'|4.
3 lots, which shall be paid into the town treasury and, with the accounts R-^. 78. 524.
4 thereof, shall be kept separate from the other money and accounts of
5 said town. The town treasurer shall invest all such funds in accordance
6 with the stipulations, if any, accompanying them; otherwise he shall
7 invest them as ordered by the selectmen and said commissioners and
8 pay the income therefrom upon their order or with their approval. The
9 proceeds of sales of lots or rights of burial in such cemeteries shall be
10 paid into the town treasury and shall be subject to said orders.
1 Section 2G. Said board shall not incur debts or liabilities for pur- Umk of debts
2 poses other than aforesaid nor to an amount exceeding the amount of the Annual report.
3 funds subject to their order, and it shall annually make a written report r.^l'. 78!'§y'.
4 to said town of its official acts, of the condition of such cemeteries, and
5 render an account of its receipts and expenditures for the same and of
6 the funds subject to its order.
1 Section 27. If a town so votes under section twenty-one of chapter Appointment
2 forty-one the selectmen shall appoint a board of cemetery commissioners ers';°'pSwers°'
3 to consist of three members, to be appointed for the term of three years. iS2of mTi 43.
4 The commissioners shall, under the supervision and control of the select-
5 men, maintain the public cemeteries in the town, and shall with the
6 approval of the selectmen, appoint such employees as are necessary to
7 maintain such cemeteries.
itse of cemeteries.
1 Section 28. The owner of any right, title or interest in or to a lot, Cemetery cor-
2 tomb or monument in any cemetery owned or controlled by any company may hold iota,
.. > 1-iij.l- etc., in trust
3 or association or by any town, may convey or devise the same to such forpreserva-
4 company, association or municipality in trust for the purpose of its pres- I'grg, 124.
5 ervation as a memorial or as a burial place for the bodies of the owner
6 and his descendants or relatives, or of such other persons as may be speci-
7 fied in the instrument creating the trust, or upon such other trust as may
8 be created by the instrument and accepted by the grantee or devisee;
9 but no such instrument shall be construed to take away the right of the
10 heirs of the owner of a lot or tomb to be buried therein, unless the instru-
11 ment contains an express provision to that effect. Any such grantee or
12 devisee may accept any such grant, gift or devise, and if it accepts the
13 same shall forever carry out and observe the terms of the instrument by
14 which the grant, gift or devise was made. After the making of a convey-
15 ance or the taking effect of a devise and its acceptance by the cemetery
1406
CEMETERIES AND BURIALS.
[Chap. 114.
authorities, the grantor of the lot, tomb or monument or of any interest 16
therein, or the heirs and assigns of the grantor or devisor thereof, shall 17
have no control over it except such as may be reserved in the instrument. 18
Lots, etc., in-
divisible but
inheritable.
Limitations.
1841, 114. § 5.
G. S. 28, § 3.
1877, 182, § 4.
P. S. 82, §§3,4.
1885, 302.
1892, 165, § 1.
R. L. 78, § 26.
182 Mass. 175.
1 Op. A. G. 327.
Section 29. Lots in cemeteries incorporated under section one, 1
tombs in public cemeteries in cities, and lots and tombs in public ceme- 2
teries in towns, shall be held indivisible, and upon the decease of a pro- 3
prietor of such lot the title thereto shall vest in his heirs at law or dev- 4
isees, subject to the following limitations and conditions: If he leaves a 5
widow and children, they shall have the possession, care and control of 6
said lot or tomb in common during her life. If he leaves a widow and no 7
children, she shall have possession, care and control during her life. If 8
he leaves children and no widow, they shall have in common the pos- 9
session, care and control of such lots or tombs during their joint lives, 10
and the survivor of them during his life. The persons in possession, 11
care and control of such lots or tombs may erect a monument and make 12
other permanent improvements thereon. The widow shall have a right 13
of permanent interment for her own body in such lot or tomb, but it may 14
be removed therefrom to some other family lot or tomb with the consent 15
of her heirs. If two or more persons are entitled to the possession, care 16
and control of such lot or tomb, they shall designate in writing to the 17
clerk of the corporation, or if it is a tomb or lot in a public cemetery, to 18
the board of cemetery commissioners, if any, or to the town clerk, which 19
of their number shall represent the lot; and in default of such desig- 20
nation, the board of trustees or directors of the corporation, the board 21
of cemetery commissioners, if any, or the board of health if such lots or 22
tombs are in public cemeteries in towns, shall enter of record which of 23
said persons shall represent the lot during such default. The widow may 24
release her right in such lot, but no conveyance or devise by any other 25
person shall deprive her of such right. 26
Hearing as to
representation.
1X92, 165. § 2.
R. L. 78, § 27.
182 Mass. 175.
Section 30. Before entering of record the name of any person to
represent such lot or tomb, the board of cemetery commissioners, if any,
or the board of health of a town shall hear the parties entitled to the
control thereof at such time and place as it shall have previously ap-
pointed by a notice published in a newspaper, if any, of the town ; other-
wise, by posting a copy in a public place therein.
Family lot to
descend to
heirs.
1914, 492.
Section 31. If in a will no express disposition or other mention is
made of a cemetery lot owned by the testator at his decease, and wherein
he or any member of his family is buried, the ownership of the lot shall
not pass from his lawful heirs by any residuary or other general clause
of the will, but shall descend to his heirs, as if he had died intestate.
wife's riRht of
interment.
1883, 262.
R. L. 78, § 28.
Section 32. A wife shall be entitled to a right of interment for her 1
own body in any burial lot or tomb of which her husband was seized at 2
any time during coverture, which shall be exempt from the operation of 3
the laws regulating conveyance, descent and devise, but may be released 4
by her in the same manner as dower. 5
Husband's
right of
interment.
Section 33. A husband shall have the same rights in the tomb or 1
burial lot of his wife as a wife has in that of her husband. 2
1899, 479, § 12. 1900, 450, § 9. R. L. 78, § 29.
Chap. 114.] cemeteries and burials. • 1407
1 Section 34. Except In the case of the erection or use of a tomb on Use ot und for
2 private land for the exclusive use of the family of the owner, no land, or extension of
3 other than that already so used or appropriated, shall be used for burial, p™aity.
4 unless by permission of the town or of the mayor and aldermen of the §5%':4^"'
5 city in which the same lies; but no such permission shall be given until j'j 5 ff •
6 the location of the lands intended for such use has been approved in ^jf^*.|i
7 writing by the board of health of the town where the lands are situated it l.'78.'§ 30.
8 after notice to all persons interested and a hearing; and the board of w Mass. '28i.'
9 health, upon approval of the use of any lands either for new cemeteries or Me mIH'. f^'
10 for the extension of existing cemeteries, shall include in the records of |^J ^m Jg*-
11 the said board a description of such lands sufficient for their identification.
12 For every interment in violation of this section in a town in which the
13 notice prescribed in section thirty-seven has been given, the owner of
14 the land so used shall forfeit not less than twenty nor more than one
15 hundred dollars.
1 Section 35. No land other than that so used and appropriated on Plan to be^
2 April tenth, nineteen hundred and eight, shall be used for the purpose of department of
3 burial if it be so situated that surface water or ground drainage therefrom ^gos^sTd, 5 2.
4 may enter any stream, pond, reservoir, well, filter gallery or other water
5 used as a source of public water supply, or any tributary of a source so
6 used, or any aqueduct or other works used in connection therewith, until
7 a plan and description of the lands proposed for such use have been sub-
8 mitted to, and approved in writing by the department of public health.
1 Section 36. Any person, including those persons in control of any Appeal from
2 public land, or the oflicers of any municipality, aggrieved by the action hlSth""
3 of a board of health in approving the purchase, taking or use of any lands '*"*' ^^®' ^ ^'
4 for cemetery purposes may, within sixty days, appeal from the order of
5 said board to the department of public health, and said department may,
6 after a hearing, rescind such order or may modify and amend the same by
7 approving a part of the lands so proposed for such use.
1 Section 37. Boards of health may make regulations concerning Regulations by
2 burial grounds and interments within their towns; may impose penalties oTheaitiJ^ ^
3 not exceeding one hundred dollars for a breach thereof; may prohibit the r°s^2i,
4 use by undertakers, for the purpose of speculation, of tombs as places of f^/s 257^
5 deposit for bodies committed to them for burial ; and may close any §,§ | e^
6 tomb, burial ground, cemetery or other place of burial within the town SJfi.^/
7 for such time as they consider necessary for the protection of the public §§"19,20.
8 health. Notice of such regulations shall be given by publishing them in n^t ts^'s^'.
9 a newspaper, if any, of the town; otherwise, by posting a copy in a public s Cus'h'. 66.^'
10 place therein. Such publication shall be notice to all persons. 13 Alien, 546.
109 Mass. 1.
1 Section 38. Before a tomb, burial ground or cemetery is closed by closing of
2 order of the board of health for more than one month, all persons in- is5D.%h,\9.
3 terested shall have an opportunity to be heard, and personal notice of the p.'l. |l,' II2.
4 time and place of hearing shall be given to at least one owner of the tomb, ^- ^- ''^- ^ ^^■
5 and to three at least, if there are so many, of the owners of such burial
6 ground or cemetery, and notice shall be published for at least two suc-
7 cessive weeks preceding such hearing in two newspapers published in the
8 county.
1408
CEMETERIES AND BURIALS.
[Chap. 114.
Appeal from
order of board.
1855. 257. § 7.
G. S. 28, § 9.
P. S. 82. § 23.
R. L. 78, § 33.
Trial. Costs.
1855, 257, § 7.
G. S. 28, § 10.
P. S. 82, § 24.
1885, 278, § 2.
R. L. 78, § 34.
Section 39. The owner of a tomb aggrieved by an order of the board 1
of health closing a tomb, burial ground or cemetery may, within six 2
months after the date thereof, appeal therefrom to the superior court, 3
first giving written notice to the board fourteen days before the entry of 4
such appeal; but the order of the board shall remain in force until the 5
appeal has been determined. 6
Section 40. Appeals shall be tried before a jury, and if the jury find 1
that the tomb, burial ground or cemetery so closed was not a nuisance or 2
injurious to the public health at the time of the order and that the closing 3
thereof was not necessary for the protection of the public health, the 4
court shall rescind such order so far as it affects such tomb, burial ground 5
or cemetery, and the appellant may recover the costs of the appeal from G
the town where the tomb, burial ground or cemetery was situated. If the 7
order is sustained, the board of health shall recover double costs, to the 8
use of the town. 9
Ways not to
be laid out
over burial
places without
authority.
1834, 187, § 1.
R. S. 24,
l§ 59, 60.
G. S. 43,
§1 89, 90.
Section 41. A public way shall not be laid out or constructed in, 1
upon or through an enclosure used or appropriated for a burial place 2
except by special authority from the general court or with the previous 3
consent of the inhabitants of the town where such enclosure is situated; 4
or, if such enclosure belongs to private proprietors, with their previous 5
consent. 6
p. S. 82, §5 29, 30. R. L. 78, §35.
fhroigh ceme- Section 42. "WTioevcr uses as a means of passage from one point to
teries regulated, another, not being thereupon at the time for any other purpose, the
1913, 182, premises of a cemetery or burial place, in any other parts thereof than
^^ '' ■^ the defined ways, paths and walks, shall be punished by a fine of not
more than twenty dollars.
Buildings in
city burial
place
regulated.
G. S. 43, § 8E
Section 43. No building shall be erected upon any burial place 1
belonging to a city, except by special authority from the general court, 2
or with the previous consent of the city council. 3
1877,182,5 6. P. S. 82, §31. R. L. 78, I 36.
Cremation
regulated.
1885, 265, § 4.
1898, 437. § 2.
R. L. 78, § 37.
1907, 138.
[Penalty, § 50.]
cremation and burial.
Section 44. The body of a deceased person shall not be cremated 1
within forty-eight hours after his decease unless he died of a contagious 2
or infectious disease, and, if the death occurred within the common- 3
wealth, the body shall not be received or cremated by any corporation 4
authorized to cremate the bodies of the dead until its officers have re- 5
ceived the certificate or burial permit required by law before burial, and 6
a certificate from a medical examiner that he has viewed the body and 7
made personal inquiry into the cause and manner of death, and is of 8
opinion that no further examination or judicial inquiry concerning the 9
same is necessary. If the death occurs without the commonwealth, the 10
reception and cremation of the body of a deceased person shall be gov- 11
erned by a by-law or regulation made or approved by the department of 12
public health as provided by section nine. 13
?878*'i74""''°' Section 45. Except as provided in sections forty-four and forty-sLx, 1
fsss' 306^ t" '^*^ undertaker or other person shall bury or otherwise dispose of a human 2
is93i 203] § 2. body in a town, or remove therefrom a human body which has not been o
Chap. lU.j cemeteries and burials. 1409
4 buried, until he h.as received a permit from the board of heahh or its 1897,437 51-
5 agent appointed to issue such permits, or if there is no such board, from 1922; iVr., § 1.
() the clerk of the town \Yhere the person died ; and no undertaker or other \llf_ 1|^' ^ ^'
7 person shall exhume a human body and remove it from a town, from one {^ol'.A.G.ioe.
S cemetery to another, or from one grave or tomb other than the receiving [Penalty, § 50.|
9 tomb to another in the same cemetery, until he has received a permit from
10 the board of health or its agent aforesaid or from the clerk of the town
1 1 where the body is buried. No such permit shall be issued until there shall
12 have been delivered to such board, agent or clerk, as the case may be, a
13 satisfactory written statement containing the facts required by law to
14 be returned and recorded, which shall be accompanied, in case of an
15 original interment, by a satisfactory certificate of the attending physician,
IC) if any, as required by law, or in lieu thereof a certificate as hereinafter
17 i^rovided. If there is no attending physician, or if, for sufficient reasons,
IS his certificate cannot be obtained early enough for the purpose, or is
19 insufficient, a physician who is a member of the board of health, or em-
20 ployed by it or by the selectmen for the purpose, shall upon application
21 make the certificate required of the attending physician. If death is
22 caused by violence, the medical examiner shall make such certificate. If
23 such a permit for the removal of a human body, not previously interred,
24 from one town to another within the commonwealth cannot be obtained
25 early enough for the purpose, the certificate of death made as above
20 provided and in the possession of the undertaker desiring to make such
27 removal shall constitute a permit for such removal; provided, that such
28 body shall be returned to the town from which it M'as removed within
29 thirty-six hours after such removal, unless a permit in the usual form for
30 the removal of such body has been sooner obtained hereunder. If the
31 death certificate contains a recital, as required by section ten of chapter
32 forty-sLx, that the deceased served in the army, navy or marine corps of
33 the United States in any war in which it has been engaged, such recital
34 shall appear upon the permit. The board of health or its agent, upon
35 receipt of such statement and certificate, shall forthwith countersign it
36 and transmit it to the clerk of the town for registration. The person to
37 whom the permit is so given and the physician certifying the cause of
38 death shall thereafter furnish for registration any other necessary infor-
39 mation which can be obtained as to the deceased, or as to the manner or
40 cause of the death, which the clerk or registrar may require.
1 Section 46. No undertaker or other person shall bury a human Burial of
2 body or the ashes thereof which have been brought into the common- i,roilghUnto
3 wealth until he has received a permit so to do from the board of health ™Tith!°"
4 or its agent appointed to issue such permits, or if there is no such board, ^^l' jf/^\g
5 from the clerk of the town where the body is to be buried or the funeral i926, 243, § 3.
6 is to be held, or from a person appointed to have the care of the cemetery [Penalty, § so.i
7 or burial ground m which the interment is made, if a record is kept of
8 the names of all persons buried therein, or from a duly appointed superin-
9 tendent of burials in such town who keeps a record of interments. Such
10 permit shall not be issued until the undertaker or other person has de-
ll livered a certificate to said board, agent, clerk, superintendent or person
12 having such care, giving the name of the deceased, his age as nearly as
13 can be ascertained, the cause of death, the name of the town where he last
14 resided or from which the body was brought, or, if the death occurred
15 at sea, the name of the vessel upon which it occurred, and any other
16 facts required for record which could be obtained with reasonable dili-
1410
CEMETERIES AND BURIALS.
[Chap. 114.
gence, including, in case the deceased served in the army, navy or ma- 17
rine corps of the United States in any war in which it has been engaged, 18
a recital to that effect, specifying the war. 19
The board of health or its agent, or the superintendent or person 20
having such care, shall, upon receipt of such certificate, forthwith coun- 21
tersign and transmit it to the town clerk; and if the deceased was a 22
resident of said town, the clerk shall record the same in the books kept 2.3
for recording deaths; but if the deceased was at his death a resident of 24
any other town within the commonwealth said clerk shall forthwith 2.5
forward to the clerk thereof a copy of such certificate, who shall record 26
the same. 27
Certificates for
burial, etc.
1S97, 437, § 3.
R. L. 7.S. 5 40.
1920, 321.
1921, 333.
1926, 243, § 4.
[Penalty, i 50.1
Section 47. No person having the care of a cemetery, burial ground 1
or crematory shall permit the burial, removal or cremation of a human 2
body until the permit for such burial, removal or cremation has been 3
delivered to him, nor permit the ashes of a human body to be buried 4
therein until there has been delivered to him a certificate that the burial 5
permit and the certificate of the medical examiner prerequisite to the 6
cremating of said body have been duly presented. 7
Upon the burial, removal, or cremation of a body, the superintendent 8
or other officer in charge of the cemetery or crematory shall indorse 9
upon the coupon accompanying the permit the fact of such burial, re- 10
moval or cremation, with the date thereof, shall make and preserve in 11
the files of the cemetery or crematory a record of such burial, removal or 12
cremation, including any recital in the burial permit relative to service 13
of the deceased in any war in which the United States has been engaged, 14
and also the location of the grave or other receptacle of the body or ashes 15
of the deceased, and shall forthwith return the coupon to the office 16
issuing the same; provided, that if there is no officer in charge of the 17
cemetery or crematory, such duties shall be performed by the undertaker. 18
Burial of ashes
of human body
regulated.
1897, 437, 5 4.
R. L. 78, §41.
Section 48. An undertaker shall not bury the ashes of a human 1
body until he has received from the person having the charge of the 2
crematory a certificate that the burial permit and the certificate of the 3
[Penalty, § 50.] medical examiner prerequisite to the cremating of said body have been 4
duly presented. 5
Undertakers
to be
licensed.
Penalty.
1872, 275.
P. S. 32, § 6.
1897, 437, § 7.
R. I.. 78, § 44.
1926, 242, § 1.
200 Mass. 474.
Section 49. Boards of health shall annually, on or before INIay first,
license a suitable number of undertakers who can read and write the
English language and who are qualified as hereinafter provided. Each
license hereunder shall be issued upon such terms and conditions as the
board of health issuing it may prescribe and may be revoked at any
time by such board if any of its terms and conditions or any require-
ment of law relative thereto has been violated by the licensee. An
undertaker so licensed may act in any town. Before issuance of such a S
license or of a renewal thereof, there shall be presented to the board of 9
health by the applicant for such license satisfactory evidence that he is 10
a citizen of the United States of good moral character and is compe- 11
tent to prepare such death certificates and other documents as are re- 12
quired in the ordinary cour.se of his business, and is familiar with the 13
precautions to be taken by an undertaker to prevent the spread of com- 14
municable diseases and is conversant with the laws of the United States 15
and of this commonwealth relative to the custody of dead bodies, the 16
preparation of such bodies for burial, cremation and .shipment and rela- 17
1411
Chap. 114.] cemeteries and burials.
18 tive to their burial, cremation and shipment. An imdertaker licensed
19 as aforesaid shall maintain within the commonwealth an undertaking
20 establishment so located, constructed and equipped as to permit the
21 decent and sanitary handling of dead bodies and shall maintain therein
22 suitable equipment for such handling.
23 Whoever, not being licensed hereunder, shall, by himself or by an
24 agent or servant who is not so licensed, engage in the business of an
25 undertaker shall be punished by a fine of not more than one hundred
26 dollars or bv imprisonment for not more than two months, or both;
27 but this section shall not prohibit the employment of apprentices or
28 assistants under the personal supervision of an undertaker licensed
29 under this section.
1 Section 50. Violations of any of the provisions of sections forty- ^.^^^^^J<^,
2 four to forty-eight, inclusi\e, shall be punished by a fine of not more than §§ 44-48.
3 fifty dollars.
1897, 437, 5 5. R. L. 78, § 42. 1922, 176, § 2.
1412
STATE AND MILITARY AID, SOLDIERS* RELIEF, ETC. [ChAP. 115.
TITLE XVII.
PUBLIC WELFARE.
Chapter 115. State and Military Aid, Soldiers' Relief, etc.
Chapter 116. Settlement.
Chapter 117. Support by Cities and Town.s.
Chapter 118. Aid to Mothers with Dejjendent Children.
Chapter USA. Adequate Assistance to Certain Aged Citizens.
Chapter 119. Protection and Care of Cliildren, and Proceedings against Them.
Chapter 120. Massachusetts Training Schools.
Chapter 121. Powers and Duties of the Department of Public Welfare, and the
Massachusetts Hospital School.
Chapter 122. State Infirmary.
Chapter 123. Commitment and Care of the Insane and Other Mental Defectives.
CHAPTER 115
STATE AND MILITARY AID, SOLDIERS' RELIEF, ETC.
Sect.
1.
2.
3.
3A.
4.
5.
6.
7.
10.
11.
12.
13.
14.
Definitions.
Commissioner, powers and duties.
Cities and towns may pay state and
military aid. Penalty.
Payment of state and military aid
and soldiers' relief regulated.
Applications for state aid.
Commissioner to determine contro-
versies, etc. Appeals.
Payment of state aid regulated.
Restrictions as to wife or widow.
Classification of certain beneficiaries.
Limit of amounts payable. No aid
to be paid in certain cases.
Military aid.
.Same sviljject. Aid under third and
fourth classes to be ordered by
commissioner.
Same subject. Conditions of receiv-
ing aid. Notice in certain cases.
Receipt of both state and military
aid prohibited. .
Payment of state or military aid lim-
ited. Not to bo attached or as-
signed.
How furnished,
designation, powers
Burial of wives, etc..
Sect.
15. Reimbursement of cities and towns
for such aid. Returns, etc.
16. Investigating agents, appointment,
etc. Investigations by municipal
authorities.
17. .Soldiers' relief.
18. Same subject.
19. Burial agents,
and duties.
of soldiers regulated.
20. Expense of burial limited. Conduct
of funeral. Returns and reim-
bursement.
21. Application of §§ 19 and 20 limited.
22. Care of graves of soldiers and sailors.
23. [Repealed.]
24. Recording of discharge or release
papers of soldiers, etc.
HOSPITAL OR HOME C.IRE.
25. Hospital or home care for needy civil
war veterans, etc.
isToTsoiTj 2. Section 1. The following words, as used in this chapter, unless the
fsM 3o'i^f'2 context otherwise requires, shall have the following meanings:
is94!3oi! 5 2. "Commissioner", commissioner of state aid and pensions.
1
2
3
Chap. 115.] st.\te and milit.'Vry aid, soldiers' relief, etc. 1413
4 "Pensioner", "soldier" and "sailor" shall include private, non-com- r.l.79, §4.
c • • 1 J ■ ■ 1 (K 1904, 381, § 4.
5 missioned and commissioned otticer. loos, 405.
6 "Sailor" shall include marine. mltlt^*-
1914, 587, § 4. 1919, 290, § 16.
1 Section 2. The commissioner shall perform the duties required of Commissioner,
... I I . .... . , ^-_ powers and
2 him under this chapter relative to state and military aid. He shall fo^Jf^n^
3 investittate, so far as the interests of the commonwealth require, all i879'2o2!§6;
4 payments for state and military aid under this chapter; shall furnish isss, 214.
5 information, prepare papers and expedite the adjudication of claims, i8S9!279[§9!
6 assist claimants in proving their cases, keep a record of the work done in }894; 279; § 9.
7 his office and make an annual report.
1899, .372, § 9: 1904, 381, § 1. 1917, 179, § 4.
374, § 6. 1909, 408. § 1. 1918, 108, § 5;
R. L. 79. §§ 1, 23. 1914, 587, § 1. 164. § 1.
1902, 192, §§ 1, 2. 1916, 314, § 4. 1919, 190; 290, § 1.
1 Section 3. A town mav raise monev, and, under the direction of p't'^sand
2 the aldermen or selectmen, or, in Bo.ston, subject to the order of the state and miu-
3 city council, as to the amounts to be paid to beneficiaries, but under Penalty.'
4 the direction of the soldiers' relief commissioner, may pay state or mill- 1862! ee, '
5 tary aid to, or expend it for, any worthy person, subject to the conditions ili.'ii 1-3;
6 specified in this chapter. Whenever money is expended for any person Ises.^lg^'^'
7 within the provisions hereof, no officer of any town shall, directly or f|o4' Iv^^^'
8 indirectly, solicit, direct, or in any way interfere with the recipient of such §| i-|: 1*3,
9 aid in the matter of the person, partnership or corporation to whom or to ises, 232,
10 which, or the place at which, the recipient shall give his custom; and 1866, T72, §§1,
11 whoever violates this provision shall be punished by a fine of not less than isw,' ile, § 6.
12 twent.y-five nor more than five hundred dollars.
1868,107. 1889, 279, § 1; 301, § 1. 1910,467.
1870,339, §1. 1894, 279, § 1; 301, § 1. 1914, .587, § 2.
1872. 324. 1897, 441. 191U, 314, 5 1.
1874,330. 1899, 372, §§ 1, 13; 1917, 5, § 1 ; 179, §§ 1, 8.
1877, 192, §§ 1, 0, 10. 374, §§ 1, 10. 1918, 108, § 1.
1878, 282, §1. R. L. 79. §2. 1919, 139; 290, § 2.
1879, 252. § 1; 301, § 1. 1904, 381, § 2. 138 Mass. 256.
P. S. 30, § 2. 1909, 468, § 2. 160 Mass. 503.
1 Section 3A. In a city or town which has duly accepted this section. Payment of
2 no almoner or member of the board of public welfare, or officer performing kary afd'a^d'
3 similar duties, or any agent of any of them, shall directly or indirectly act rSlTed^"''''^
4 as agent or disbursing officer of the aldermen or selectmen for the pay- \l^f ^f J-
5 ment of state or military aid or soldiers' relief; provided, that this section § 228. " '
6 shall not operate to prevent selectmen in towns who are also members of
7 boards of public welfare from acting in their capacity as selectmen or
8 through an agent acting for the selectmen.
1 Section 4. Applicantsfor state aid shall, before any payment thereof f^PPj^^*'°?f
2 to them, state in writing on oath the name, age and residence of the i^^e, 172, §'9.
3 person for whom such aid is sought, hisrelation to the person who rendered §§2.' 10. '
4 the service entitling the applicant to aid, the company, regiment, station, p. s.'30. § '7. '
5 organization or vessel in or to which the soldier or .sailor enlisted or was \tll. 301: 1 1
6 appointed and in which he last served; the date and place of such enlist- |f|,'|.''''
7 ment, if known; the duration of such service and the reason upon wdiich r^l 79^'§\^'
8 the claim for aid is founded; and shall furnish such official certificates of {ggg'^l^' | ^■
9 record, evidence of enlistment, service and discharge as may be required, loi-i! ssK § i'.
10 The original papers in each case shall be filed with the commissioner, §§'3'',' 4."'
11 who shall from time to time provide each town with blank forms for the \\"-"^'
12 use of applicants.
1918, 108, §54-6. 1919,290,5 7.
1414
STATE AND MILITARY AID, SOLDIERS' RELIEF, ETC. [CliAP. 115.
Commissioner
to determine
controverBies,
etc. Appeals.
1866, 172. § 5.
1867, 136,
§§4.7.
1877. 192.
1879, 301,
P. S. 30, §
IS.
1889, 301
§9.
§7.
i§8,
§7.
Section 5. The commissioner shall determine all controversies be-
tween invalid pensioners and town authorities relative to claims for state
aid. He may refuse to decide on the necessity of a claimant for aid, but
if he shall determine that a claimant is entitled thereto he may authorize
its payment to him monthly for not more than one year, under such limi-
tations as he may impose. An appeal may be taken from his determina-
tion to the governor and council, whose decision shall be final.
1894, 301, § 7. 1904, 381, § 8. 1917, 179, § 4.
1898, 561, § 6. 1909, 468, § 8. 1918, 10,S, § 5.
1899, 374, § 6. 1914, 587, § 8. 1919, 290, § 8.
R. L. 79, §8. 1916, 314, §4. 1 Op. A. G. 49.
1902, 192. §§ 3, 6.
Payment of
state aid
regulated.
1861, 222, § 1.
1862, 66,
§§ 1-3, 6: 151,
§§ 1-3; 166,
§§ 1-3.
1863, 79,
§§1,2,4;
176.
1864, 47,
§§ 1-3; 143,
§§ 1.2.
1865, 232,
§§1,2;251, § 1
Section 6. The recipient of state aid shall have a residence, and shall
actually reside, in the town from which such aid is received, shall not
receive aid from any other town in the commonwealth or from any other
state, shall be in such needy circumstances as to require public assistance,
and, if a soldier, sailor or nurse, shall have been honorably discharged
from all appointments and enlistments in the army or navy, shall be so
far disabled, as the result of his service in the army or navy, as to prevent
him from following his usual occupation, and shall belong to one of the
following classes:
First class
qualifications.
Civil war
service.
1866, 172, §
10; 283, §5,
1867, 136, §
1871, 299.
1876, 219.
1877, 192, § 1
1879, 252, I 2
301. § 1.
P. S. 30, § 2.
1885, 173.
1886, 39.
1889, 301, § 1
1892, Res. 84.
1, 2,
1, 2, 8.
1894, .SOI, § 1.
1916, 314. §§ 2. 7.
1895, 361. §§ 1,
3.
1917, 5, §2; 161;
1897, 441.
179, §§ 1, 2, 8.
1898, 561, §§3,
4. 11-
1918, 108, §§ 2, 3.
1899, 372, §§ 1,
2. 13;
1919, 151, §§ 1, 2;
374, §§ 1, 2. 10
290, § 3.
R. L. 79. § 3.
1921, 222, §§ 1, 2.
1902. 251.
1924, 357.
1903. 387.
1926,301.
1904, 381, § 3.
1927, 219.
1909. 468. § 3.
1931. 248, §§ 1, 2.
1910. 470.
1 Op. A. G. 575.
1914,349; 587,
§3.
Op. A. G. (1920) 61
First Class, Invalid pensioners of the United States who served in the
army or navy of the United States to the credit of this commonwealth in
the civil war, between April nineteenth, eighteen hundred and sixty-one,
and September first, eighteen hundred and sixty -five; or who served in
such army or navy in the military organizations of this commonwealth
known as three months' men, ninety days' men or one hundred days' men
mustered into the service of the United States in April, May, -June or
July, eighteen hundred and sixty-one, or in April, May, July or August,
eighteen hundred and sixty-four, or who, having their residence and
actually residing in this commonwealth at the time of their enlistment,
either served to the credit of some other state in such army or na\y,
between April nineteenth, eighteen hundred and sixty-one, and March
eighteenth, eighteen hundred and sLxty-two, or served in such army or
navy, having been mustered into the service of the I'liited States at some
time between May first and October first, eighteen hundred and sixty-
two, while having a residence and actually li\ing in this commonwealth
and while a member of one of the organizations of the volunteer militia,
known as the Boston cadets, the Salem cadets, the eighth battery of light
artillery, or company B of the seventh regiment of infantry; or who
served in .said navy, being one of the persons includc(l in the list of officers,
sailors and marines prepared by the adjutant general in accordance with
cliai)ter fifteen of the resolves of eighteen hundred and seventy-five and
chapter eight of the resolves of eighteen hundred and eighty, having been
appointed or mustered into and having served in the naval .service of the
I nited States while an actual resident of this conniionwealth; or who
served in the regular army or navv of the United States during the civil
10
11
12
13
14
ir.
Ki
17
IS
19
20
21
22
23
24
2")
26
27
2S
29
30
31
32
33
34
Chap. 115.1 st.\te and military aid, soldiers' relief, etc. 1415
.'i() war, having been appointed or having enlisted in said army or navy, while
37 a citizen of this commonwealth, having a residence and actually residing
38 therein;
39 Invalid pensioners of the United States who served under the authority Indian wars.
40 or 1)\- the approval of the United States or any state or territory in any ° "" ^"'"''^■
41 Indian war or campaign, or in connection with or in the zone of any active
42 Indian hostilities in any of the states or territories of the United States
43 prior to January first, eighteen hundred and ninety-eight, having enlisted
44 in said service while an inhabitant of a town in this commonwealth and
4n actually residing therein;
4fi Inxalid pensioners of the United States who served in the army or navy .Spanish war
47 of the United States to the credit of this commonwealth in or during the ^"'"''^■
4<S period of the war with Spain, ha\-ing been appointed or having enlisted in
49 such service after February fifteenth, eighteen himdred and ninety-eight
50 and prior to July fourth, nineteen hundred and two; or who served in the ,
51 regular army or navy of the United States during said war or in the army, '
52 navy or marine corps of the United States in or during the period of the
53 Philippine Insurrection or the China Relief Expedition, having been Philippine
54 appointed or having enlisted in such service between said dates while a and'china °
55 citizen of this commonwealth, having a residence and actually residing uon'sefwe.'^''
50 therein;
57 Soldiers mustered into the military service of the United States as part Merican
c 1 • I 1 n 1 p • T T\ T • border service.
5.S of the quota ol this commonwealth called tor service on the Mexican 4 0p. a.g. eis.
59 border in nineteen hundred and sixteen, and who are in receipt of pension
60 or compensation from the United States for disability or illness incurred
(jl in such service, which for the purpose of this chapter shall be deemed to
62 have begun on June nineteenth, nineteen hundred and sixteen, and as
63 ha\ing ended on February third, nineteen liundred and seventeen, having ^
64 been mustered into such service while an inhabitant of a town in this
65 commonwealth and actually residing therein ;
6(j Any soldier, sailor or nurse who served in the army or navy of the World war
67 United States in the w^orld war, which for the purposes of this chapter ^^'■"'=''-
()8 shall be defined as having begun on February third, nineteen hundred and
()9 seventeen, and as having ended on November eleventh, nineteen hundred
70 and eighteen; provided, that such soldier, sailor or nurse receives a pen-
71 sion or compensation from the United States for disability incurred in
72 such service, and was mustered into such service while an inhabitant of a
73 town in the commonwealth and actually residing therein.
74 Second Class, Dependent relatives of invalid pensioners and of soldiers Second class
75 or sailors who served in the manner and under the limitations described ""*
76 for such service under class one who did not die in the service above
77 defined and who were honorably discharged therefrom, as follows:
78 The wives and widow'cd mothers of invalid pensioners who served in civUwar
79 the civil war, and the widows and widowed mothers of soldiers or sailors To^p^A. g. i9.
80 dying in such service or after honorable discharge therefrom ;
51 The wives of invalid pensioners who served in the Indian wars or Indian wars,
82 campaigns, and the widows of soldiers dying in such service, or after
83 honorable discharge therefrom and while in receipt of a pension from tlie
84 United States;
85 The widows and widowed mothers of soldiers or sailors who served in Spanish war,
86 the war with Spain, the Philippine Insurrection or the China Relief insurrection
87 Expedition dying in such service or dying after their honorable discharge Reiici'Expedi-
88 therefrom, or dying while in receipt of a pension from the United States t'°n service.
89 or of state aid from the commonwealth, and the wife and widowed mother
1416
STATE AND MILITARY AID, SOLDIERS' RELIEF, ETC. [ChAP. 115.
Mexican border
service.
World war
service.
Third class
qualifications.
Fourth class
qualiticatioDs.
Fifth class
qualifications.
of any invalid pensioner of the Spanish war, the PhiHppine Insurrection
or the China Relief Expedition service;
The widow and children under sixteen years of any person who incurred
disability during service on the Mexican border as defined in class one
and has died from such disability, either while in the service or after an
honorable discharge therefrom; provided, that only such children whose
birth occurred prior to said discharge or to January first, nineteen hundred
and eighteen, may receive such state aid;
The dependent widow, dependent widowed mother and dependent
children up to the age of sixteen of any soldier, sailor or nurse who died
while in such service during the world war as defined in class one, or who
shall die after an honorable discharge from all enlistments or appoint-
ments in such service, or any child dependent by reason of physical or
mental incapacity, provided the children were in being prior to his dis-
charge or prior to the termination of said war as herein defined, or any
person who stood to him in the relationship of a parent for five years prior
to such service.
There shall also be included in this class the crippled or otherwise help-
less children, whether minors or adults, of soldiers or sailors who served in
either the civil war or the war with Spain; provided, that such children
are in receipt of a pension from the United States.
Third Class, Dependent wives, and children up to sixteen years,
widows and widowed mothers of soldiers, sailors and nurses, entitled to
state aid as defined in class one, who appear on the rolls of their regiments
or companies in the office of the adjutant general to be missing or to have
been captured by the enemy, and who were not exchanged and have not
returned from captivity, and whom the town oflBcers granting such aid
have good reason to believe to be dead.
Fourth Class, Fathers or mothers, the fathers being alive, of soldiers
or sailors who served in the war with Spain, in the manner and under the
limitations described for the service of said invalid pensioners, and who
died in such service, if such parents were receiving aid May eighteenth,
eighteen hundred and ninety-nine.
Fathers or mothers, the fathers being alive, of soldiers or sailors who
served in the world war, in the same manner and under the same limita-
tions described herein for the service of said soldiers or sailors, and who
died in such service, if such parents had been in receipt of state war allow-
ance under chapter one hundred and eight of the General Acts of nineteen
hundred and eighteen between February third, nineteen hundred and
seventeen, and November eleventh, nineteen hundred and eighteen. No
aid shall be granted to persons in this class unless in each case the alder-
men, selectmen, or, in Boston, the soldiers' relief commissioner, are satis-
fied, on evidence first reported to the commissioner and satisfactory to
him, that justice and necessity require a continuance of the aid to prevent
actual sufl'ering.
Fifth Class, Women who served not less than three months as nurses
in the army hospitals of the United States between April nineteenth,
eighteen hundred and sixty-one, and September first, eighteen hundred
and sixty-five, or who served not less than three months as nurses in the
army or navy hospitals of the United States between February fifteenth,
eighteen hundred and ninety-eight, and April twelfth, eighteen hundred
and ninety-nine, or who served in the world war for not less than three
months as nurses in the army or navy hospitals between February third,
nineteen hundred and seventeen, and November eleventh, nineteen hun-
CllAP. 115.] STATE AND MILITARY AID, SOLDIERS* RELIEF, ETC. 1417
144 fired and eighteen, and who for three consecutive years next prior to the
145 date of application for aid, shall have been actually resident in the com-
14() monwealth, and who shall not he in receipt of an annuity from the com-
147 monwealth, if the municipal authorities are satisfied, on evidence first
148 reported to and found satisfactory by the commissioner, that the service
149 was actually rendered and that justice and necessity require the granting
150 of aid. The amount of such aid and its duration shall be determined by
151 the commissioner.
1 Section 7. The wife of a discharged soldier or sailor shall not be Restrictions
2 held to belong to any of the foregoing classes, nor shall she receive state Tv^doJ^'
3 aid unless, if the service of the soldier or sailor was in the war with {I79; 301,' 1 2".
4 Spain, the Philippine Insurrection or the China Relief Expedition, she fggl'.lM*^'
5 was married to him before his final discharge from such service, and, if J*|^; ^^2. ^ ^
6 his widow, before September first, nineteen hundred and twenty-two, Jsm, 301, 1 2.
7 and if his service was in the civil war unless she was, if his wife, married R. l'. 79, '§4?
S to him prior to his final discharge from such service, and, if his widow, igos! 405!
9 prior to June twenty-seventh, eighteen hundred and ninety, and if the \111] ttl'. *'
10 service of the soldier was in any Indian war or campaign unless she was, \l\l[ lll\ | *;
1 1 if his wife, married to him prior to his final discharge from such service, j-jl^' |||' ^ ^•
12 and, if his widow, prior to March fourth, nineteen hundred and seven- j9|ii ||o.
13 teen, and if the service of the soldier or sailor was on the Mexican border 1930! 233^ 8 1.
14 or in the world war unless she was, if his wife, married to him prior to
15 his final discharge from the service or release from active duty therein,
10 and, if his widow, prior to January first, nineteen hundred and twenty-
17 eight.
1 Section 8. Of the persons to or for whom state aid is paid under any classification
2 special act or resolve, designating them by name, and passed after June Cenlficiaries.
3 first, eighteen hundred and seventy-nine, or to or for whom state aid was r^I.'Io,'' ^'
4 then being paid under any special act or resolve then repealed, all sol- iggg, 301, § 3.
5 diers and sailors shall be held to belong to the first class, and all depend- }*^*' ^oi. 1 3.
6 ent relatives of soldiers and sailors to the second class, of section six, R. l'. 79. §5
7 notwithstanding the limitations of the said classes; and state aid may 1909! 46s! §5!
S be paid to or for such persons in the same manner and with the same 1919! 290! § 5.
9 limitations as paid to or for other persons of their respective classes;
10 but no aid shall be paid to or for any person under this section contrary
11 to any limitation or condition of the original special act or resolve
12 authorizing state aid to be paid to or for him.
1 Section 9. No state aid shall be paid to or for a person of the first Limit of
2 class as defined in section six exceeding in any one month three fourths payable.
3 of the monthly amount of his United States pension or compensation, pa'icf in certain
4 nor exceeding ten dollars in any one month; or to or for a person of the ilyf, 301, § 4.
5 second, third, fourth or fifth class as defined in said .section exceeding f88|,|o'i?§4.
(5 ten dollars in any one month; and no more than twenty dollars shall be {Igl'gg}' §2
7 paid to or for all dependent relatives of any one soldier or sailor in any l?^!'!*^''
8 one month. State aid shall not be paid to or for any soldier or sailor on isgg, 374, § 2.
9 account of service in the war with Spain, or to his dependent relatives, 1904.' 38i. §6.
10 unless he enlisted or was appointed in the service of the United States 1914! 375':
11 after February fourteenth and prior to August twelfth, eighteen hundred i|i9,^29o, §6.
12 and ninety-eight; but it may be allowed to or for volunteers mustered i^^o. ise.
13 into the service of the United States in Massachusetts regiments after
14 said August twelfth but prior to January first, eighteen hundred and
1418
STATE AND MILITARY AID, SOLDIERS' BELIEF, ETC. [ChAP. 115.
ninety-nine, who shall otherwise be qualified to receive the same, and 15
to or for their dependent relatives. Ki
Military aid.
1879. 252, § 3.
1S81, 26. § 1.
First flass
qualifications.
Second class
qualifications.
Third class
qualifications.
Fourth class
qualifications.
Section 10. The recipient of military aid shall belong to and have
the ciualifications of one of the four following classes:
1919, 1.51, §§ 1, 2; 290.
il.
P. S. 30, § 10.
1885, 173.
1886, 39.
1889, 279. !
2, 4, 5.
1892, Res. 84.
1894.279, H 1.
2, 4, 6.
1898,561, §§2.4.
1899, 372, §§ 1-4, 6.
R. L. 79, § 9.
1904, 381, § 9.
1909, 468, § 9.
1914, 587, § 9.
1916, 314, §§ 1. 2.
1917, 5; 179,
§§ 1, 2,8.
1918, 108. §§ 2, 3.
§9.
1921, 222, § 4.
1928. 15.5. S§ 4, 5.
1931, 248, §4.
138 Mass. 256.
160 Mass. 503.
1 Op. A. G. 27.
Op. A. G. (1920) 61.
First Class, Each person of the first class shall have his settlement in
the town aiding him; shall have served as a soldier, sailor or nurse in
the manner and under the limitations prescribed in the first class of sec-
tion six; shall have been honorably discharged or released from active
duty in such United States service and from all appointments and en-
listments therein; shall be poor and indigent and, by reason of sickness
or other physical disability, in such need as would entitle him to relief
under chapter one hundred and seventeen; shall not be, directly or
indirectly, in receipt of any other state or military aid, or of any pension
for services rendered or disabilities incurred either in the civil or Span-
ish wars, Indian wars or campaigns, the Philippine Insurrection, the
China Relief Expedition, Mexican border ser\ice or world war service
as defined in section six. The disability must ha\-e arisen from causes
independent of his military or naval service aforesaid.
Second Class, Each person of the second class shall ha\e his settle-
ment in the town aiding him, and shall be an invalid pensioner, entitled
to receive state aid, whose income from pension or government com-
pensation and state aid is inadequate for his relief, and who would
otherwise receive relief under said chapter one hundred and se\enteen.
Third Class, Each person of the third class shall have all the quali-
fications of persons of the first class except settlement, and shall have
been, a continuous resident of the commonwealth during the three years
last preceding his receipt of military aid and shall be a resident of the
town granting the aid.
Fourth Class, Each person of the fourth class shall have all the quali-
fications of persons of the second class except settlement, and shall have
been a continuous resident of the commonwealth during the three years
last preceding his receipt of military aid, and shall be a resident of the
town granting aid.
.3
4
.5
(>
7
S
9
10
11
12
1.3
1-4
15
16
17
18
19
20
21
22
23
24
25
2()
27
28
29
30
31
Same subject.
.\id under
third and
fourth classes
to be ordered
by commis-
sioner.
1889, 279, § 6.
1894, 279, § 6.
1899, 372, § 6.
R. L. 79, § 10.
1904, 381, § 10.
1909, 468, § 10.
1914, 587, § 10.
Section 11. A tovm shall not render military aid to a person of the
third or fourth class until it has furnished to the commissioner such evi-
dence as may be required that the applicant is entitled to receive aid
and has received from said commissioner an order fixing the maximum
amount to be paid a month and the period during which aid may be
allowed, and stating such other conditions as the commissioner may
impose relative thereto. Said order may be revoked or modified by the
commissioner by giving written notice to the town procuring it.
1919, 290. § 10.
Section 12. No person shall be compelled to receive military aid 1
Same subject.
Conditions of ^
afd^'^Notice ^^"'thout his couscnt, nor shall any person l)e compelled to receive military 2
'cas'^"'"'" ^'^ ''^ ^^^ infirmary or other public institution unless his physical o.r men- 3
Chap. 115.] state and military aid, soldiers' relief, etc. 1419
4 tal condition requires it, and, except in such case, it sliall be paid to or 1878. 282, 1 1.
5 expended for those persons only who live separate from persons receiving {'^j^j'^o.gS i|'
() support under cliapter one hundred and seventeen or chapter one bun- isoi,' 279; 5 ?:
7 dred and twenty-two. The aldermen, selectmen, soldiers' relief com- [fy^.'l.^fa.
<S missioner or the commissioner of state aid and pensions may require a J'go^-ggi,*/}-!.
9 person to whom military aid is granted to pay over his United States }o™;«8; | J};
10 pension or compensation to them to be expended for his relief before i9j9,ni,5 2:
11 receiving such aid. In all cases where an applicant for military aid has 1928, 1.55, §6.
12 a settlement outside the town where application is made, the official
l.S required to act thereon shall, within three days, notify the corresponding
14 official in the town of the applicant's settlement, and also the com-
1.5 missioner.
1 Section 13. No person shall at the same time receive both state and ^^''.'h^'ft'atl and
... .i.. • 1 military aid
2 military aid. prohibited.
1889, 279, § 7: 301, § 2. 1899, 372, § 7: 374, § 2. 1909, 468, § 12.
1894 279, 66 3, 7; 301, 12. R. L, 79. 5 12. 1914, 587, § 12.
189i: 56i: §3. 1904, 381, § 12. 1919, 290, § 12.
1 Section 14. State and military aid shall be paid to or applied solely Payment of
2 for the benefit of the person for whom intended, and only so much shall miiua"- aid
3 be paid to or for him as is necessary to afford him reasonable relief or Noftobe
4 support. Such aid shall not be paid to or for any person able to support ^J'^fgnp^'d "^
5 himself, or who is in receipt of income or owns property sufficient for his ;|b*. I^^^^^j
6 support, nor to an amount in excess of such amount as is necessary, in i866; 172! | 4.
7 addition to his income and property, for his personal relief or support, i8";|92|^
8 nor to or for any soldier, sailor, pensioner, dependent relative or nurse 1879,252, §4;
9 if the necessity therefor is. caused by the voluntary idleness or continu- fWo,
10 ous vicious or intemperate habits of the soldier, sailor, nurse or pen- flgg', 2l'9, 5 8;
11 sioner on whose account such aid is sought, nor to or for any person who ^^^4^279,
12 has been dishonorably discharged from any national soldiers' or sailors' |^,^,'8^ '
13 home or from the soldiers' home in this commonwealth, unless the com- isgs, sei, § 4.
14 missioner, after a hearing, shall otherwise determine, nor shall such aid §§'7,'8; 374,
15 be paid to any person who at the time of entering the federal service l^ I'.re, s 13.
16 was a subject or citizen of a neutral country, had filed his intention to I909; teg'. 1 11:
17 become a citizen of the United States, and afterward withdrew such in- J^JIifgg; |f-
18 tention under the act of congress approved on July ninth, nineteen \fl'l^\^gQ^
19 hundred and eighteen, nor to any person designated upon his discharge § la!
20 as a conscientious objector. State aid shall not be subject to trustee
21 process, and no assignment thereof shall be valid. No back state aid
22 shall be paid, nor shall state aid be paid to or for any person convicted
23 of crime unless the municipal authorities and the commissioner other-
24 wise determine, nor shall state or military aid be paid if the pensioner,
25 soldier, sailor or nurse deserted from the service of the United States
26 either in the war of the rebellion, the war with Spain, the Mexican
27 border or the world war service, as defined in this chapter, or is wilfully
28 absent from his family and neglects to render them such assistance as he
29 is able to give.
1 Section 15. The full amount ex-pended for state or military aid by R^'^^J^urse-^^
2 any town, the names of the persons aided and the classes to which they "nd towns for
3 severally belong, the amounts paid to or for each person, the reasons Returns.' etc.
•1 therefor, the names of the persons on account of whose services the aid Ifti^^'
5 was granted, the names, if any, of the companies, regiments, stations, ^jfl^gf 151.
6 organizations or vessels in which they respectively enlisted, or to which §3; lee, §4.
1420
STATE AND MILITARY AID, SOLDIERS* RELIEF, ETC. [ChAP. 115.
1863, 79, § 3.
1S64, 47, § 5.
1865, 232.
H3, 4.
1866, 172, 5 6.
1867, 136, § 3.
1876, 219.
1877, 192,
§§8. 10.
1878,282, 5 1.
1879,252. § 7;
301, § 8.
1881,26. §2.
P. S. 30,
§§ 14-17.
1889, 279, § 10
301, § 8.
1894, 279, § 10
301, § 8.
1898, 561. § 7.
1899, 372, § 10
374. § 7.
R. L. 79. § U.
1904.381, § 14
1909, 468. § 14
1914. 587. § 14
1916. 314. i 5.
1917. 179. § 6.
1918, 108,
§§3,7.
1919, 151
290, § 14
1923. 361
§2;
, § 67.
lOp.A. G. 49.
they were appointed, and in which they last served, and the relation-
ship of each person aided, to the soldier or sailor on account of whose
service the aid was granted, and such other details as the commissioner
may require, shall, within the first ten days of the month following the
month in which the expenditure was made, be certified, on oath, by the
mayor, treasurer and city clerk of any city or a majority of the select-
men of any town disbursing the same, to said commissioner on blank
forms provided by him, and in a manner approved by him. The com-
missioner shall examine the certificates thereof and allow and endorse
thereon such amounts as he finds have been paid and reported accord-
ing to this chapter, and shall transmit the certificates to the comptroller.
The commissioner may decide upon the necessity of the amount paid
in each case, and may allow any part thereof which he deems proper and
lawful and which, in cases of payment to or for persons of the third or
fourth class entitled to receive military aid, he shall also find to have
been made according to his orders; but he shall allow and endorse the
amounts which he has specifically authorized to be paid under and ac-
cording to his decisions made under section five. The whole of the
amounts legally paid as aforesaid and so allowed for state aid, and all
payments to or for persons of the third or fourth class entitled to mili-
tary aid, and one half of all payments made to persons of the first or
second class entitled to military aid, but none of the expenses attending
the payment of state or military aid, shall be reimbursed by the common-
wealth to the several towns on or before November tenth in the year
after such expenditure.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2.3
24
25
26
27
28
29
30
31
Investigati
ng
agent
s, ap-
pointment
, etc.
Investigati
ions
by mi
inicipal
authorities
1866.
282,
"§ 1.
1867.
136,
§5.
1877,
192,
§§8,
10.
1879,
252,
5 7;
301, !
5§e,
7.
P. S.
30.
§§7,
18.
1886,
110.
1889.
279,
§§8.
10; 301,
§§6.
7.
1894.
279,
§§8.
10; 301,
§§6.
7.
1898.
,561,
§4.
1899.
372,
§9;
374.
§6.
R. L
79,
§§15
1. 17.
Soldiers' rHief.
1888.
438.
§ 1.
1889.
298.
1890.
447.
1893.
279.
1897.
441.
R. L,
. 79.
US.
1902,
, 250.
1913,
,323.
1916,
, 116.
1917,
, 58.
1919,
, 151.
§3;
171,
§1.
1927
. 308.
1929
. 160.
1930
. 110;
192.
1931
, 24S,
,.§5.
2 Op
. A. <
408,
417.
4 Op
.A.G 613,
Section 16. The commissioner may, with the consent of the gov- 1
ernor, appoint, as occasion may require, one or more disinterested per- 2
sons who shall investigate any claims against the commonwealth for 3
state or military aid, may examine any persons to or for whom such aid 4
has been paid, investigate the reasons therefor and all matters relating 5
to the granting of such aid, and shall report their doings to the com- 6
missioner. The reasonable expenses of the commissioner, and the ex- 7
penses and compensation of any such disinterested person, approved 8
by the commissioner, and allowed by the governor and council, shall be 9
paid by the commonwealth. Municipal authorities charged with the 10
disbursing of state or military aid shall from time to time, after its 11
original allowance, make such investigations of the necessities and 12
qualifications of the person aided as to prevent any payment thereof 13
contrary to any provision of this chapter. 14
1904. 381. § 15. 1914. 587. § 15.
1909. 468. § 15. 1919, 290, § 15.
Section 17. If a person who served in the army or navy of the United 1
States in the war of the rebellion, in the army, navy or marine corps in 2
the war with Spain or the Philippine insurrection between April twenty- 3
first, eighteen huii(ln>(l and ninety-eight, and July fourtli, nineteen hun- 4
dred and two, or in the army, navy or marine corps in the world war, or a 5
pensioner of the United States who served under the authority or by the 6
approval of the United States or any state or territory in any Indian war 7
or campaign, or in connection with or in the zone of any active Indian 8
hostilities in any of tlic states or territories of the United States prior to 9
January first, eighteen hundred and ninety-eight, and received an honor- 10
able discharge from all enlistments therein, and who has a legal settlement 1 1
Chap. 115.] state and military aid, soldiers' relief, etc. 1421
12 in a town in the commonwealth, becomes poor and wholly or partly unable
13 to provide maintenance for himself, his wife or minor children under six-
14 teen years of age or for a dependent father or mother, unless such condi-
15 tion is the result of his own criminal or wilful misconduct, or if such person
](■) dies leaving a widow or minor children under sixteen years of age, or
17 minor children over sixteen but under eighteen years of age who attend
18 school or are incapacitated for work, or a dependent father or mother
19 without proper means of support, such support as may be necessary shall
20 be accorded to him or his said dependents by the town where they or any
21 of them have a legal settlement, and his said dependents, in the case of his
22 death, shall not be deemed ineligible to receive said support by reason of
23 criminal or wilful misconduct on his part at any time during his lifetime;
24 but should such person have all the said qualifications except settlement,
25 if he served in the war of the rebellion, or in the army, navy or marine
26 corps in the war with Spain or the Philippine insurrection between said
27 dates, his widow, who has acquired a legal settlement in her own right
28 before August twelfth, nineteen hundred and sixteen, which settlement
29 has not been defeated or lost, or if he served in the world war and at the
30 time of his decease was a legal resident of this commonwealth, his widow,
31 who has a legal settlement and who has not remarried, and his minor
32 children under sixteen years of age, and those over sixteen but under
33 eighteen years of age who attend school or are incapacitated for work,
34 shall also be eligible to receive relief under this section. Any crippled,
35 blind or helpless child, whether a minor or adult, of a deceased person
36 who served in the army or navy of the United States in the war of the
37 rebellion, or in the war with Spain or the Philippine insurrection between
38 April twenty-first, eighteen hundred and runetj'-eight and July fourth,
39 nineteen hundred and two, and received an honorable discharge from all
40 enlistments therein, if such child is receiving a pension from the United
41 States and is not otherwise eligible to receive relief under this section,
42 shall also be eligible as aforesaid. Such relief shall be furnished by the
43 aldermen or selectmen, or, in Boston, by the soldiers' relief commissioner,
44 subject, howe\er, to the direction of the city council of said city as to the
45 amount to be paid. The beneficiary shall receive said relief at home,
46 or at such other place as the aldermen, selectmen or soldiers' relief com-
47 missioner deem proper, but he shall not be compelled to receive the same
48 at an infirmary or public institution unless his physical or mental con-
49 dition requires, or, if a minor, unless his parents or guardian so elect.
50 If an applicant for military aid or soldiers' relief has a settlement outside
51 of the town where the application is made, the oflScial required to act
52 thereon shall, within three days, notify the corresponding official in the
53 town of the applicant's settlement, and also the commissioner. If the
54 town of settlement of an applicant for soldiers' relief unreasonably delays
55 in aiding the applicant after receipt of said notice, the town of the appli-
56 cant's residence shall forthwith grant such aid as the commissioner may
57 order, and the town so granting such aid shall be reimbursed in full there-
58 for by the town of the applicant's settlement. Any town official required
59 to act on such order of the commissioner who refuses and neglects to
60 comply therewith shall be pimished by a fine of not less than twenty-five
61 nor more than one hundred dollars.
62 This section shall also apply to army nurses who served in the army
63 hospitals of the United States during the ci\il war and are entitled to state
64 aid imder section six and to army nurses and their dependents as specified
65 herein who served in the army, navy or marine corps during the war with
1422
STATE AND MILITARY AID, SOLDIERS' RELIEF, ETC. [ClIAI'. 115.
Spain or during the Pliilippine insurrection between April twenty-first, 66
eighteen hundred and ninety-eight, and July fourth, nineteen hundred 67
and two, or during the world war. 68
Same subject.
How furnished.
1893, 237.
1898. 3.^6.
1900, 189.
R. L. 79, § 19.
1902, 192,
§§ 1, 2.
1925, 137.
Burial agents,
designation,
powers and
duties. Burial
of wives, etc.,
of soldiers
regulated.
1889,395, § 1.
1896. 279, § 1.
1897, 164; 441.
1900, 162.
1901, 283.
R. L. 79, § 20.
1902, 250; 292.
1904. 381, § 17.
1907.354, § 1.
1909, 468, § 17.
1914, 311;
587, § 17.
1916, 191.
1918, 108,
§ 3; 183.
1919, 151, § 2;
290, § 17.
1924, 262.
1926, 155.
1930, 233, 5 2.
1 Op. A. G. 408.
Section IS. The aldermen or selectmen shall furnish such relief
without authority of a vote of the city council or of the town. Such
relief shall be furnished only by, through or under the agency or direc-
tion of city or town officers authorized to disburse state or military aid.
Upon complaint of any person aggrieved by the failure to furnish such
relief or upon complaint of any citizen that such relief is being granted
contrary to the pro\isions of the preceding section, the commissioner
shall forthwith make a thorough investigation and determine the amount
of rehef, if any, to be given. The decision of the commissioner shall be
final, but may at any time be amended or reversed by him.
Section 19. The mayor of each city and the selectmen of each
town or, in Boston, the soldiers' relief commissioner, shall designate a
burial agent, who shall not be one of the board of public welfare or be
employed by said board, and who shall, under regulations established
by the commissioner, cause properly to be interred the body of any
honorably discharged soldier or sailor who served in the army or navy
of the United States during the war of the rebellion, or in the Indian
campaigns if he died in receipt of a pension from the United States, or
during the war between the I'nited States and Spain or the Philippine
insurrection after PYbruary fourteenth, eighteen hundred and ninety-
eight and prior to July fourth, nineteen hundred and two, or in the
Mexican border service of nineteen hundred and sixteen and of nineteen
hundred and seventeen, or in the world war; provided, that the soldier
or sailor died in such service or after an honorable discharge therefrom
or release from active duty therein; and shall also so inter the body of
his wife, widow or dependent father or mother, and the bodies of army
nurses entitled to state aid under section six, if they die without suffi-
cient means to defray funeral expenses; but no wife or widow of any
soldier or sailor of the civil war shall be entitled to the benefits of this
section unless she was married to him prior to June twenty-se\enth,
eighteen hundred and ninety, and no wife or widow of any soldier of the
Indian campaigns unless she was married to him prior to March fourth,
nineteen hundred and seventeen, and unless she was, if his widow, in
receipt of a pension under the act of congress of March fourth, nineteen
hundred and seventeen, and no wife or widow of any soldier or sailor of
the Spanish war, or the Philippine insurrection, unless she was married
to him prior to September first, nineteen hundred and twenty-two; and
no wife or widow of any soklier or sailor of the Mexican border ser\ice
or of the world war unless she was married to him prior to his final dis-
charge from such service. If an interment has taken place without the
knowledge of the burial agent, application may be made to him within
thirty days after the date of death, or after final interment if the soldier
or sailor dies in the world war service; and if ui^on investigation he shall
find that the deceased was within the provisions of this section and the
rules of the commissioner, he may certify the same as provided in the
following section.
Section 20. The
)f a b
(foresaid shall not exceed
Expense of Section lid. J lie expense ot a Diirial as at
burial limited. in i- i ■ i i ii i ■ i
Conduct ot one hundred dollars, two dollars oi which shall be paid as compensation
funeral.
1
2
3
4
5
6
7
8
9
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2S
29
30
31
32
•>•>
.■>■•)
34
35
36
1
2
Chap. Ho.) state axd military aid, soldiers' relief, etc. 1423
3 to the burial agent causing the interment to be made; l)nt if the total Rfturnsand
4 expense of the burial, hv whomsoe\er incurred, shall exceed two hundred ""ont.
1 SH9 10 *>
5 dollars, no payment therefor shall be made by the commonwealth. §§2.'3.
() The burial shall not be made in any cemetery or burial ground used ex- isuli el*'
7 clusively for the burial of persons buried imder the provisions of chapter r.^l. 79^'§ 21;
8 one hundred and seventeen, or in any part of any cemetery or burial igof'sgJsis
9 ground so used. Relatives of the deceased who are unable to bear the Jgon'?;,!' f ?o
10 expense of burial may be allowed to conduct the funeral. The full 'ois'. 475'
1 1 amount so expended, the name of the deceased soldier or sailor, the igiv! leo!
12 regiment, company, station, organization or vessel in which he served, ibig] 129'; isV,
13 the date of death, place of interment, and in case of a wife or widow the igl's.^sei^'es.
14 name of the husband and date of marriage, and such other details as Iglr'He'
15 the commissioner may require, shall be certified on oath to him, in such i^^s, 153, § 7.
16 manner as he may approve, by the burial agent and the treasurer of the
17 town expending the amount, within three months after the burial; and
18 the commissioner shall endorse upon the certificate his allowance of
19 such amounts as he finds have been paid, and reported according to the
20 foregoing provisions, and shall transmit the certificate to the comp-
21 troller. The amounts legally paid and so allowed, with no expense for
22 disbursement, shall be reimbursed by the commonwealth to the several
23 towns on or before November tenth in the year after the expenditures
24 have been made.
1 Section 21. The provisions of the two preceding sections relative to Application of
2 burial of indigent soldiers or sailors and their dependents and of section um't'ed.'"* ^°
3 seventeen relative to soldiers' relief shall not apply to any person who '®'®' '^'' ' *'
4 at the time of entering the federal service during the world war was a
5 subject or citizen of a neutral country who had filed his intention to
6 become a citizen of the United States and who afterward withdrew such
7 intention under the act of congress approved July ninth, nineteen hun-
5 dred and eighteen, nor to any person designated upon his discharge as
9 a conscientious objector.
1 Section 22. In every town there shall annually be appointed by care of
2 the mayor or selectmen a citizen of the town, preferably a person who ^fcH"3°anii
3 has served in the army, navy or marine corps of the United States in i9'i''4"i92.
4 time of war or insurrection and has been honorably discharged from '^-''' -^'*-
.0 such service or released from active duty therein, who shall see that
6 every cemetery lot where there is a grave of any person who has so
7 served is suitably kept and cared for. If the cost of such care and main-
8 tenance is not paid by private persons, or by the trustees of the ceme-
9 teries where any such grave is situated, it shall be paid by the town;
10 and towns may appropriate money therefor. Money so appropriated
1 1 may be expended directly by the town or paid over to the trustees or
12 manager of any cemetery where any such grave is situated; but the
13 sum so paid over in any year shall not exceed for each grave the sum
14 charged for the annual care and maintenance of like lots in the same
1.5 cemetery, or, if no such charge is made in that cemetery, it shall not
16 exceed the sum charged in other cemeteries in the same town for like
17 service.
1 Section 23. [Repealed, 1931, 426, § 16.]
1424
[Chaps. 115, 116.
Recording of
diBcharge or
release papers
of soldiers, etc.
1920. 467.
Section 24. The discharge or release papers of soldiers and sailors 1
who served in the armed forces of the United States in time of war or 2
insurrection and have been honorably discharged therefrom or released 3
from active duty therein, may be recorded with the clerk of the town of 4
the holder's residence in books kept for the purpose, upon payment of a 5
fee of twenty-five cents for each discharge or release so recorded. The 6
clerk shall prepare and keep an index of the papers so recorded, and 7
copies of such papers, if attested by him, shall be admitted as sufficient 8
evidence thereof whenever they are otherwise competent. 9
Hospital or
home care
for needy
civil war
veterans, etc.
1929, 340.
HOSPIT.\L OR HOME CARE.
Section 25. The commissioner shall expend such sum as he deems 1
necessary to provide special care in a hospital or at home for persons 2
who served in the army or navy of the United States in the war of the 3
rebellion and received an honorable discharge from all enlistments 4
therein, their wives and widows, who are in need of such care and who 5
were legally settled in .a town of this commonwealth on January first, 6
nineteen hundred and twenty-nine. The amount expended by the 7
commissioner under this section shall be paid from such appropriation 8
as may be made for the purpose. One half of such expense shall be 9
assessed, collected and paid over by the town of the beneficiary's settle- 10
ment to the state treasurer in the same manner and at the same time as 11
state taxes. The person charged with disbursing military aid or soldiers' 12
relief in each town shall, within three days of receiving an application 13
for relief under this section, notify the commissioner of such application 14
upon blanks approved by him. Any person charged with such disburse- 15
ment who refuses or unreasonably neglects to give notice required by 16
this section within the time and substantially in the form herein required 17
shall be punished by a fine of twenty-five dollars. 18
CHAPTER 116
SETTLEMENT.
Sect.
1. Acquirement of legal settlements, etc.
2. Settlement not acquired while receiving
public relief, etc.
3. [Repealed.]
4. Receipt of institutional aid by certain
soldiers, etc., not to affect settle-
ment.
Sect.
5. Existing settlements; continuance, loss.
Time in certain institutions not
counted.
6. Provision for persons who have begun
to acquire settlements.
7. Certain settlements defeated.
Acquirement
of legal -settle-
ments, etc.
Section 1. Legal settlements may be acquired in any town in the
following manner and not otherwise :
C. L. 12:!. § 2.
1G92-.3, 28, § 9.
1700-1, 23, § 5.
1700-7. 17, 5 6.
1789, 14.
179.3, 34, § 2.
K. S. 45, 5 1.
G. S. 09, § 1.
KS78, 190, § 1
P. S. 83, § 1.
R. L. 80, § 1.
1911. 609, §§ 1, 7.
255 Mass. 499.
By residence.
1789, 14, § 1.
First, Except as provided in the following clause, each person who 3
1868; 328,S"i. ^^^^^ reaching the age of twenty-one has resided in any town within the 4
Chap. 116.] settlement. 1425
5 commonwealth for five consecutive years shall thereby acquire a settle- 's^o, 392, § 1.
6 ment in such town.
1874, 274. H 1-3 10 Met. 115. 130 Masa. 357, 370.
1879, 242. § 2 12 Met. 35. 131 Mass. 18, 454.
1898, 425, § 1. 13 Met. 192. 132 Mass. 495, 519.
R. L. 80, § 1. els. 4-6. 4 Cush. 172, 190, 133 Mass. 242.
1911,669, 5 l,cl. 1, §7. 553,557. 136 Mass. 424.
4 Mass 3S4. 8 Cush. 525, 528. 137 Mass. 152.
5 Mass. 430. 1 Gray, 619. 138 Mass. 305.
10 Mass. 394. 13 Gray, 92, .586. 140 Mass. 224,
12 Mass. 202. 15 Gray, 15, 496. 243,325.
13 Mass. 462. 501. 4 Allen, 574. 144 Mass. 25.
15 Mass. 237, 253. 5 Allen, 137. 1.53 Mass. 192.
16 Mass. 236. 6 Allen, 431, 477, 508. 155 Mass. 359.
1 Piek. 129. 153, 154. 8 Allen, ,551. 159 Mass. 491.
3 Pick 172 9 Allen, 137. 165 Mass. 251.
7 Pick 42. 99 Mass. 587. 183 Mass. 314.
8 Pick 379. 105 Mass. 293. 184 Mass. 557.
12 Pick. 1. 107 Mass. 598. 196 Mass. 393.
19 Pick. 480. 110 Mass. 113. 225 Mass. 589.
21 Pick. 233. 120 Mass 574. 1 Op. A. G. 519.
22 Pick. 385. 125 Mass. 521. 2 Op. A. G. 3. 1.5, 17, 24,
3 Met. 165, 428. 126 Mass. 475. 80,158,180,291,319.
5 Met. 350. 127 Mass. 540. 3 Op. A. G. 114.
7 Second, A married woman shall follow and have the settlement of her Married
8 husband; but if he has no settlement within the commonwealth, she shall r78Ti4. § 3.
9 retain the settlement, if any, which she had at the time of her marriage Ji. f; ' ' ^ ''
10 and may acquire a settlement under the preceding clause.
R. L. 80, § 1, cl. 1. 13 Allen, 88. 229 Mass. S3.
1911, 669, § 1, cl. 2, § 7. 131 Mass. 4.54. 247 Mass. 577.
9 Mass. 201. 149 Mass. 223. 2 Op. A. G. 3, 15, 17,
12 Mass. 363. 165 Mass. 251. 158,291.319.
11 Third, Legitimate children shall follow and have the settlement of Ji,"^;!™"'^
12 their father if he has one within the commonwealth, otherwise they shall j^sj). u. 1 3.
1.3 follow and have the settlement of their mother if she has one ; if the father ci^^2.' ^^^ '
14 dies during the minority of his children they shall thereafter follow and 5 1, ci. 3,§7.
15 have the settlement of the mother. Upon the divorce of the parents the {5 Mass! 237!
16 minor children shall follow and have the settlement of the parent to whom i^p^k^'igV*'
17 the court awards their custody. ^ ^'"'^- "^■
18 Pick. 264. 6 Allen, 31. 165 Mass. 251.
8 Cush. 528. 114 Masa. 554. 260 Mass. 562.
18 Fourth, Illegitimate children shall follow and have the settlement of JH^^t'er"
19 their mother.
1789, 14, § 3. 12 Mass. 429. 8 Allen. 551.
R. L. 80, § 1, cl. 3. 13 Mass. 381. Op. A. G. (1917) 116.
1911, 669, § 1, cl. 4. § 7. 8 Cush. 75.
20 Fifth, A person who enlisted and was mustered into the military or soWiers and
21 naval service of the United States, as a part of the quota of a town in the 18657230,
22 commonwealth under any call of the president of the United States during fgee, 288.
23 the war of the rebellion or any war between the United States and any }*^*; ^^s, § a.
24 foreign power, or who was assigned as a part of the quota thereof after ^^^^f ^g^g j ^
25 ha\ing enlisted and been mustered into said service, and his wife or widow R. l^ so, '§ i,
26 and minor children, shall be deemed thereby to have acquired a settlement 1911. 669,
27 in such town ; and any person who would otherwise be entitled to a settle- ^gis, 257,
28 ment under this clause, but who was not a part of the quota of any town, f/ig^s.
29 shall, if he served as a part of the quota of the commonwealth, be deemed ^l^fl'
30 to have acquired a settlement, for himself, his wife or widow and minor ^f^j^^^'^gg,.
31 children, in the place where he actuallv resided at the time of his enlist- "102 Mass. 358.
' ^ , .,,:,.,. 1 J. p 104 Mass. 46.
32 ment. Any person who was inducted into the military or naval forces ot 107 Mass. 282.
33 the United States under the federal selecti\-e service act, or who enlisted 130 Mass! 107!
34 in said forces in time of war between the United States and any foreign "5, ^T' *^^'
35 power, whether he served as a part of the quota of the commonwealth or igs Mass. 255,
36 not, or who enlisted and served in said forces during the Philippine JM Mass. 15^
37 insurrection, and his wife or widow and minor children shall be deemed 1.50 Mass^ioe.
38 to have acquired a settlement m the place where he actually resided in 227, 390.
1426
SETTLEMEXT.
[Chap. 116.
Settlements in
new towns.
1872, 280.
R. L. 80, § 1,
cl. 11.
1911, 669,
§ 1, cl. 6, 5 7.
1 Pick. 144.
24 Pick. 164.
6 Met. 484.
4 Cush. 18.5.
1 Allen, 75.
125 Mass. 304.
this commonwealth at the time of his induction or enlistment. But these 39
pro\isions shall not apply to any person who enlisted and received a 40
l)ounty for such enlistment in more than one place unless the second 41
enlistment was made after an honorable discharge from the first term of 42
service, nor to any person who has been proved guilty of wilful desertion, 43
or who left the service otherwise than by reason of disability or an honor- 44
able discharge. 45
Sixth, Upon the division of a town, every person having a legal settle- 46
ment therein, but being absent at the time of such division, and not having 47
acquired a legal settlement elsewhere, shall have his legal settlement in the 48
town containing the last dwelling place or home which he had in the town 49
so divided; and if a new town, composed of a part of one or more other 50
towns is incorporated, every person legally settled in the towns of which 51
such new town is so composed, and who actually dwells and has his home 52
within the bounds of such new town at the time of its incorporation, and 53
any person duly qualified as provided in the fifth clause of this section 54
who at the time of his enlistment dwelt and had his home within such 55
bounds, shall thereby acquire a legal settlement in such new town; but 56
no person residing in that part of a town which upon such division is in- 57
corporated into a new town and who then has no legal settlement therein 58
shall acquire any by force of such incorporation only, nor shall such incor- 59
poration prevent his acquiring a settlement in such town within the time 60
and by the means by which he would ha\e gained it there if no such 61
division had been made. 62
Settlement not
acquired while-
receiving public
relief, etc.
1874, 274, § 4.
1879, 242, § 1.
P. S. 83, § 2.
R. L. SO, § 2.
1911, 669,
§§2,7.
1928, 155, § 9.
Section 2. No person shall acquire a settlement, or be in process of
acquiring a settlement, while receiving public relief, unless, within two
years after receiving such relief, he tenders reimbursement of the cost
thereof to the commonwealth or to the town furnishing it. This section
shall not apply to aid or relief received under chapter one hundred and
fifteen.
13 Met. 192.
13 Gray, 92.
4 Allen, .574.
136 Mass. 424.
144 Mass. 25.
Op. A. G. (1919) 83.
Section 3. [Repealed, 1928, 155, § 10.]
Receipt of
institutional
aid by certain
soldiers, etc.,
not to alTect
settlement.
1925, 187, § 1.
1928, 155. § 11
Section 4. If a soldier or a dependent of a soldier eligible to receive 1
military aid or soldiers' relief under chapter one hundred and fifteen 2
receives aid or treatment in any hospital or other institution, such aid or 3
treatment shall not have the effect of preventing or defeating the acquisi- 4
tion of a legal settlement. 5
Existing
setth'nicnts;
continuance,
loss. Time in
certain institu-
tions not
counted.
1793. 34, § 2,
cl. 12.
R. S. 45, § 3.
G. .S. 69, § 3.
1878, 190, § 3.
P. S. 83, § 5.
1898, 425, § 2.
R. L. 80,
§§5,6.
1911. 669,
§§4,5,7.
1914, 323.
1916, 316.
1922. 479.
192S, 34.
Section 5. Except as otherwise provided in this section, each settle-
ment existing on August twelfth, nineteen hundred and eleven, shall con-
tinue in force until defeated under this chapter, but from and after said
date failure for five consecutive years by a person, after reaching twenty-
one years of age, to reside in a town where he had a settlement, siiail defeat
a settlement acquired under clause First of section one, or a settlement of
a woman acquired under clause Second of said section one pro\-ided the
settlement of her husband is defeated. The settlement of a minor acquired
under cither clause Tiiird or Fourth of section one, except the settlement
of a female minor who has married, shall be defeated with the .settlement
of the parents. The time during which a person shall be an inmate of any
infirmary, jail, prison, or other public or state institution, within the
1
2
3
4
5
6
7
8
9
10
11
12
Chaps. IK), U*.] settlement, support by cities and towns.
1427
13 commonwealtli or in any manner under its care and direction, or that of
14 an officer thereof, or of a soldiers' or sailors' iiome whether witliin or with-
15 out the commonwealth, shall not be counted in computing the time either
1 6 for acquiring or defeating a settlement, except as provided in section two.
17 The settlement existing on August twelfth, nineteen hundred and sixteen,
IS or any settlement subsequently acquired, of a person whose service in or
19 with the army, navy or marine corps of the United States qualifies him to
20 receive aid or relief under the pro\'isions of chapter one hundred and
21 fifteen, and the settlement of his wife, widow until she remarries, father
22 or mother, qualified by his service to receive relief under said chapter one
23 hundred and fifteen, shall not be defeated, except by failure to reside in
24 the commonwealth for five consecutive years or by the acquisition of a
2.5 new settlement.
192B, 292.
1931. 394,
§ 211.
11 Mass. 441.
13 Mot. 192.
eCush. 01.
13 Gray, 58fi.
237 Mass. 3.54.
247 Mass. .'•)77.
250 Mass. 99.
255 Mass. 499.
Op. A. G.
(1919) 77. 85.
1 Section 6. No person who has begun to acquire a settlement by Provision for
2 the laws in force at and before the time when this chapter takes effect, in Elve begun°to
3 any of the ways in which any period of time is prescribed for a residence, meius" """''''
4 or for the continuance or succession of any other act, shall be prevented g; |; ^|; 1 1;
5 or delayed by the provisions hereof; but he shall acquire a settlement by p^^'g/^jl^
0 a continuance or succession of the same residence or other act, in the same R- l. so § 4.
7 time and manner as if the former laws had continued in force. §§5,' 7.
1 Section 7. Any settlement not fully accjuired subsequently to May Cenain settie-
2 first, eighteen hundred and sixty, is hereby defeated and lost, unless such lS7o,^^92.'^1 1
3 settlement prevented a subsequent acquisition of settlement in the same \lll[ 'lll\ 1 1[
4 place; but if a settlement acquired by marriage is so defeated, the former fjgl; Hg^fg.
5 settlement, if any, of the wife, if not also so defeated, shall be revived. R- l. so, § e.
1911. 689. §5 6, 7.
114 Mass. 5,i3.
116 Mass. 570.
131 Mass. IS.
187 Mass. 592.
229 Mass. 83.
2 Op. A. G. 3, 291.
3 Op. A. G. 67, 84, 207.
CHAPTER 117.
SUPPORT BY CITIES AND TOWNS.
Sect.
1. Cities and towns to support poor.
2. Powers and duties of boards of public
welfare.
3. Care of needy persons supported at
public expense.
4. [Repealed.)
.5. Liability for support.
6. Certain kindred to support.
7. Superior court to assess such kindred.
8. Assessment for future expenses.
9. Further orders.
Proceedings on complaints.
Costs, how taxed.
Other kindred may be summoned.
Penalty for failure to give information
regarding deposits to boards of pub-
lic welfare.
Boards of public welfare to provide for
immediate relief of strangers. Ac-
tion.
10.
11.
12.
13.
14.
Sect.
15. Judgment conclusive.
16. Liability when person supported is
removed.
17. Support and burial of certain indigent
persons.
Cities and towns may furnish aid to
certain state charges, etc. Re-
moval.
Cities and towns may be reimbursed
for medical attendance furnished to
needy persons.
Strangers to work in return for food
and lodging.
Persons receiving aid to work in in-
firmary.
Penalty for refusal to work.
Person chargeable to city or town may
be removed out of state, when.
Cities and towns liable to certain in-
dividuals.
18
19.
20,
21.
24.
1428
SUPPORT BY CITIES AND TOWNS.
[Chap. 117.
Sect.
25. Person aided may be removed to place
of settlement.
26. Process in case of removal.
27. Notices, etc., sent by mail. Effect.
28. Penalty for leaving poor persons where
not settled.
29. Penalty for false representations.
30. Estate of deceased person chargeable
to city or town, by whom sold.
31. Boards of public welfare may prose-
cute.
32. Records of persons supported, etc.
33. Annual returns.
34. Decennial returns.
Sect.
35. Penalty for failure to comply with
three preceding sections.
Boards of public welfare to place chil-
dren in their charge in families.
Department of public welfare to place
children in families, when.
[Repealed.)
[Repealed.]
Removal of minors from state regu-
lated. Penalty.
[Repealed.)
(Repealed.)
Hospitals to furnish certain informa-
tion. Penalty.
36.
38.
39.
40.
41.
42.
43.
Section 1. Every town shall relieve and support all poor and in- 1
digent persons lawfully settled therein whenever they stand in need 2
1692-3, 28, § 9. thcreoi. •*
Cities and
towns to
support poor
C. L. 123, 5 2
1788, 61, § 1.
1793, 59, 5 1.
R. S. 46, § 1.
G. S. 70, § 1.
P. S. 84, 5 1.
R. L. 81, § 1.
9 Met. 492.
10 Gush. 238.
3 Allen, 515.
106 Mass. 262.
128 Mass. 148.
160 Mass. 232.
Powers and
duties of
boards of
public welfare.
1788, 61, § 1.
1793, 59, § 2.
R. S. 46, § 2.
1857, 153.
G. S. 70, § 2.
P. S. 84, § 2.
R. L. 81, § 2.
1931, 426, i 17
10 Cush. 238.
8 Allen, 73.
Section 2. The board of public welfare shall have the care and
oversight of all such poor and indigent persons so long as they remain
at the charge of their respective towns, and shall see that they are suit-
ably relieved, supported and employed in the infirmary, or in such other
manner as the town du-ects, or otherwise at the discretion of the board.
Said board may remove to the infirmary children suffering destitution
from extreme neglect of dissolute or intemperate parents or guardians,
except as otherwise provided.
106 Mass. 262.
128 Maas. 148.
148 Mass. 487.
2 Op. A. G. 543, 548.
Care of SECTION 3. The board of public welfare, either by one of their own
supporteTat" numbcr or by a duly appointed agent, shall, at least once in every six
i897.V74!Ti^ months, visit each place where needy persons are supported at public
1898; 396;^y. expense, and a record of each visit and of the condition of the persons
fjp'i^ci 4J3 ^'isited shall be kept.
Section 4. [Repealed, 1931, 426, § 18.]
Section 5. A person, his executor or administrator, shall be liable 1
Liability for
i8iri86, § 5, in contract to the town where he has a settlement for expenses incurred 2
r.*l! 8l § 9. by it for his support. ^
186 Mass. 341.
1928, 155, § 14.
12 Mass. 328.
1 Allen, 23.
146 Mass. 134.
148 Mass. 15S.
213 Mass. 350.
Certain
kindred to
support.
1692-3, 28, 5 <
17SK, 61, § 1.
1793, .59, § 3.
R. S. 46, § 5.
G. S. 70, § 4.
P. S. 84, 5 6.
Section 6. The kindred of such poor persons, in the line or degree
of father or grandfather, mother or grandmother, children or grand-
children, by consanguinity, living in the commonwealth, and of sufficient
ability, shall be bound to support such poor persons in proportion to
their respective ability.
1898, 425, § 3. 10 Cush. 238. 160 Mass. 232.
R. L. 81, § 10.
1928. 155, § 15.
15 Pick. 159.
6 Allen, 585.
128 Mass. 287.
144 Mass. 25.
216 Mass. 149.
229 Mass. 248.
Chap. 117.] support by cities and towns. 1429
1 Section 7. A justice of the superior court sitting in equity in the Superior
2 county where any one of such Icindred to be charged resides, upon com- ass^'sa'such
3 plaint of any town or kindred put to expense for the relief or support of i692-3!28, § 9.
4 such person, may on due iiearing assess and apportion upon such of ss^f'l''
5 the kindred as it finds to be of sufficient ability and in proportion thereto J^^s, 59, § 3.
6 such amount as he considers reasonable for or towards the support of g- s! 7o[ § 5'
7 the person to the time of such assessment, and may enforce payment i898, 42's, § 4.
8 thereof by execution in common form; but such assessment shall not i928'. issS'Ve.
9 extend to any expense for relief afforded more than two years previous io'cu''lh.*2l8.
10 to the filing of the complaint.
11 Gush. 24. 12s Mass. 137. 216 Mass. 149.
S Gray, 28. 199 Mass. 527. 229 Mass. 248.
1 Section 8. The court may further assess and apportion upon said Assessment
2 kindred such weekly amount as it finds sufficient for the, future support expenses.
3 of the person, which shall be paid quarterly until the further order of R. s.' 46,' § 7.'
4 court; and upon application from time to time of the town or kindred, p.' I. 84,' I «.'
.5 to whom it is ordered to be paid, the clerk of said court shall issue and fgol; ils.Vii.
6 may renew an execution for the arrears of any preceding quarter.
1 Section 9. The court may, upon application of any party interested. Further
2 make further orders, alter such assessment and apportionment accordinsr i793.'59. § 3.
3 to circumstances, and may order with and by whom of such kindred as g' s! 70^
4 desire it such person shall live and be relieved, and the length of time p. s. si,
5 he shall live with different kindred, having regard to the comfort of the r^ h.'ii.'f, 13.
6 person as well as the convenience of the kindred. i^-*' ^^°' ^ ^^■
1 Section 10. A complaint, under section seven, shall be filed in the Proceedings
2 clerk's office, and a summons, directed to any officer qualified to serve l\s.iniS'
3 civil process, shall be thereupon issued requiring the kindred therein ^^^- 1^' | fg
4 named to appear and answer thereto; and it shall be served hke an S?™'|9
5. . I r. h. 84, § 11.
origmal summons.
R. L. 81, § 14.
1 Section 11. The court may award costs to either party, and if it Costs, how
2 adjudges two or more of the kindred of a person to be of sufficient ability uot'sd. § 3.
3 to contribute to his support, it shall tax no more costs against any one R^^l.'le,^'
4 respondent than is occasioned by his default or separate defence. ^^ *■ '^•
G. S. 70, §§ 7, 11. R. L. 81. § 15. 10 Allen, 68.
P. S. 84, §§ 9, 13. 1928, 155, § 19.
1 Section 12. Upon suggestion that there are other kindred of ability other
2 not summoned in the original process, they may be summoned ; and after bc"s''umm'Sned.
3 due notice, whether they appear or are defaulted, the court may proceed ^^^' |g' | f^
4 against them in the same manner as if they had been summoned upon pg-lf-llo'
5 the original complaint.
R. L. 81, § 16.
1 Section 13. A treasurer of a savings bank, institution for savings. Penalty for
2 national bank, trust company, co-operative bank, benefit association, int'omaaoT^
3 insurance company or safe deposit company who, upon request in writing "ep^sUs^o
4 signed by a member of the board of public welfare of a town, unreason- ''"bikf welfare
o ably refuses to inform him of the amount deposited in the corporation i|52, i32,
6 or association to the credit of a person named in such request who is a g. s'. sV.
7 charge upon such town, or who wilfully renders false information in 1876^*203^ § 25.
8 reply to such request, shall forfeit fifty dollars to the use of such town. fM^.s^.^^fs.
1898, 425. § 6. 1918. 257, | 301. 1920, 2.
R. L. 81, § 44, 1919, 5. 1928, 155. § 20.
1430
SUPPORT BY CITIES AND TOWNS.
[Chap, li:
Boards of
public welfare
to provide for
immediate
relief of
strangers.
Aotion.
1701-2, 9, § 2.
1793, 59. § 9.
R. S. 46, § 13.
G. S. 70, § 12.
P. S. 84, 5 14.
R. L. 81, § 17.
1931. 394,
§ 118.
1 .Mass. 459.
Section 14. Boards of public welfare in their respective towns shall 1
provide for the immediate comfort and relief of all persons residing or 2
found therein, having lawful settlements in other towns, in distress and o
standing in need of immediate relief, until removed to the towns of their 4
lawful settlements. The expense thereof and of their removal, or o
burial in case of their decease, may be recovered in contract against the (i
town liable therefor, if commenced within two years after the cause of 7
action arises; but nothing shall be recovered for relief furnished more S
than three months prior to notice thereof given to the defendant. 9
2 Mass. 547, 504.
5 Mass. 325.
6 Mass. 501.
14 Mass. 227.
2 Pick. .341.
8 Pick. 562.
12 Pick. 1.
17 Pick. 68.
13 Met. 192.
11 Gray, 107.
1 Allen, 23.
8 Allen. 73.
136 Mass. 424.
138 Mass. 109.
140 Mass. 397.
141 Mass. 580.
160 .Mass. 503.
164 Mass. 506.
260 Mass. 388.
3 Op. A. G. 57.
4 0p. A.G. 568.
Judgment
conclusive.
1793, 59, S 9.
R. S. 46, § 14.
G. S. 70, I 13.
Section 15. A judgment for the plaintiff in such action shall be 1
conclusive as to the settlement of such person in any future action 2
between the same parties for his support. -i
i Op. A. G. 568.
P. S. 84,
R. L. 81,
15.
: 18.
1928, 155, § 21.
103 .Mass. 117.
Liability when
person sup-
ported is
removed.
1821, 94, § 3.
R. S. 46, § 15.
G. S. 70, § 14.
1873, 213.
P. S. 84, § 16.
Section Ifi. If a person is supported under this chapter in a town
in which he has no settlement, the town liable for his support shall not
be required to pay therefor more than at the rate of two dollars a week
if it causes him to be removed within thirty days after receiving legal
notice that such support has been furnished.
8 Cush. 371.
128 .Mass. 148.
4 Op. A.G. 568.
R. L, 81, § 19.
1928. 155, § 22.
4 Pick. 45.
7 Pink. 155.
21 Pick. 349.
13 Met. 198.
Svipport and
burial of
"certain indigent
persons.
1701-2. 9, § 2.
1788, 61, § 3.
1793, 59, § 13.
1830, 120, § 2.
R. S. 46,
S§ 16,32.
G. S. 70, § 15.
1867, 97.
1878. 256.
P. .S. 84, § 17.
1887, 310, § 3.
1890, 71.
1898. 354.
R. L. 81, § 20.
1918, 180.
1923, 298.
1926, 241, § 4.
1928, 155, § 23.
Section 17. The board of public welfare of each town shall also 1
relieve and support and may employ all poor persons residing or found 2
therein, ha\iiig no lawful settlements within the commonwealth, until '.'>
their removal to the state infirmary, and if they die shall decently bury 4
them. They shall also decently bury all deceased persons who, although .")
without means of support while living, did not apply for public relief, and (>
all unknown persons found dead. The expense thereof may be reco\'ered 7
of their kindred, if any, chargeable by law for their support in tiie manner N
provided in this chapter; and if the expense of their burial is not paid by U
such kindred, an amount not exceeding forty dollars for the funeral 10
expenses of each person over twelve years of age, and not exceeding twenty 1 1
dollars for tiie funeral expenses of each person under that age, shall be paid 12
by the commonwealth subject to the provisions of section forty-two of i:i
chapter one hundred and twenty-one; provided, that the board of public 14
welfare shall file with each claim an affidavit of the undertaker stating the l.'i
total amount of his bill, tiie amount received from the town and the lii
amount recei\ed from all other sources; and provided, further, that if the 17
total expense of the burial, by whomsoever incurred, shall exceed the sum IS
of one hundred dollars, no payment therefor siiall be made liy the com- \9
monwealth. 2(1
Cities and
towns may
furnish aid
to certain
state charRcs,
etc. Removal.
1821, 20.
183.5, 127.
1855. 445, § 2.
Section IS. A town may furnish temporary aid to poor persons found
therein, having no lawful settlements within the commonwealth, if the
board of pulilic welfare consider it for the ])ul)lic interest; and the board
of ])ublie welfare shall in every case gi\"e written notice within five days
to tiie department of public welfare, wliicli sliall examine tlie ease and
Chap. 117.] support by cities and towns. 1431
() order such aid as it deems expedient. If it directs a discontinuance of J^;^^' 129' ^ ''
7 such aid, it shall remove such persons to the state infirmary or to any state {,%''g'f 'i ,g
8 or place where they belong, if their necessities or the i)ul)lic interests isse, 101. §4'.
9 require it, and the superintendent of said infirmary shall receive the per- i89s!42.b, §5;
10 sons removed thereto as if they were sent there in accordance with section i^\.*8^i% 21.
11 seven of chapter one hundred and twenty-two. A detailed statement of i9??;?o'4.
12 expenses .so incurred shall be rendered, and after approval by the depart- }y{|' pj- j ^
13 mcnt such expenses shall be paid by the commonwealth. If any such 11^24' 221' ^ ^^'
14 person refuses to submit to remo\al, tlic department or any of its officers I'Jae! 241, § 5.
15 or agents may apply to the district court of the district where such person 22s Mass! 589.'
16 resides, for an order directing that such removal be made. Upon such 304"'^ '^^'
17 application the court shall forthwith cause a summons to be served upon sop.A. g. 137.
18 the person so refusing, and. if he be a minor, upon his parent or guardian,
19 requiring the attendance of the person so summoned at a time and place
20 appointed therein for hearing; and at such time and place shall hear and
21 examine upon oath such person or persons, and shall hear such other evi-
22 dence as may be material. If upon hearing it appears that the person
'Z'l sought to be removed is without a legal settlement in this commonwealth
24 and is unable to support himself, and that his necessities or the public
25 interests require his removal, the court shall issue an order in writing,
26 directed to a duly constituted officer or agent of the department, reciting
27 that such person appears to be a state charge, and that his necessities or
2S the public interests require his removal, and commanding such officer or
29 agent to remove him to the state infirmary or to any other state institu-
.30 tion designated by the department, and such officer or agent shall there-
31 upon make the removal as ordered. After the removal is made such
32 officer or agent shall file such order, with his return thereon, with the clerk
33 of the court from which it was issued. In every case where a removal is
34 ordered a detailed statement of the expense incurred by any town for the
35 support of the person so removed while application for his removal was
36 pending before the court shall be rendered, and after approval by the
37 department shall be paid by the commonwealth. Reimbursement by the
38 commonwealth under the provisions hereof shall be subject to the provi-
39 sions of section forty-two of chapter one hundred and twenty-one.
1 Section 19. Reasonable compensation for medical attendance or cities and
2 treatment furnished by a town under this chapter or chapter one hun- Jeim"bu?sed for
3 dred and twenty-two may be included in the expenses to be paid to such J^ndanL"'"
4 town by any other town or by the commonwealth, although such at- nee'd'''"^ersons
5 tendance or treatment was by a town physician whose compensation is i^oS' 292.
6 by a fixed salary. Such reimbursement shall not exceed the proportionate
7 cost to the town furnishing the attendance or treatment, based upon the
8 total number of visits annually made in relation to the total fixed or
9 annual salary of the physician for all services rendered by him in his
10 official capacity.
1 Section 20. The board of public welfare and the officer in charge of f"*ork"n
2 premises provided by a town for the purpose of supplying food or lodging {"'"['^^j,'"
3 on said premises may and in cases of tramps or vagrants shall require any lodging.
4 person applying for and receiving food or lodging to perform, if physically p. s.'84.' § 19.
5 able, a reasonable amount of labor in return therefor, and may detain r^^l. 8i?'5y2'.
6 him for not more than twenty-four hours after such application until the J931; 39^;
7 labor required of him as aforesaid has been performed. The places in 5 n^-
1432
SUPPORT BY CITIES AND TOWT^S.
[Chap. 117.
which persons are lodged shall be kept in such order and condition as may
be prescribed by the department of public health.
8
9
Persons . SECTION 21. A person receiving aid in an infirmary of a town may be 1
to wOTkln"* required by the officer in charge thereof to perform such labor as the 2
I'MsTwa, § 2. official physician shall certify is suitable for him. 3
R. L. 81. § 23. 1931. 426, 5 19.
Penalty for
refusal to
work.
1895, 445, § 3.
1898, 443, § 1.
R. L. 81, § 24.
Section 22. Whoever refuses or neglects to perform any labor re-
quired of him under the two preceding sections, or who, while performing
such labor, wilfully damages any property of the town requiring the
same, shall be punished, in Suffolk county by imprisonment in the house
of correction for not more than one year, and in other counties, in the
house of correction or at the state farm for a like term.
Person
chargeable to
city or town
may be re-
moved out of
state, when.
1868, 328, § 2.
P. S. 84, § 26.
R. L. 81, § 30.
Section 23. A person who has actually become chargeable to a town
where he has a settlement and who subsequently acquires a settlement
in a place out of the commonwealth may be removed thereto by the board
of public welfare of such town by a written order directed to any person
therein designated.
1928, 155, § 25.
Section 24. Every town shall be liable for any expense necessarily 1
incurred under this chapter or under chapter one hundred and twenty-two 2
Cities and
towns liable
to certain
i742"3"i8,' § 4. for the relief of a person in need of public assistance therein by any person .•>
R °s' 46' I It not liable by law for his support, after notice and request made to one 4
G. S. 70, § 16. ■ ... » -. « ■. .;
P. S. 84, § 27.
R. L. 81, §31.
1928, 155, § 26.
or more of the members of the board of public welfare thereof, and until
provision is made by them.
2 Mass. 547.
15 Mass. 286.
19 Pick. 473.
7 Met. 214.
9 Met. 492.
4 Gush. 199.
6 Cush. 399.
10 Cush. 3.
9 Allen, 134.
14 .Vllen, 30.
105 Mass. 533.
113 Mass. 47.
116 Mass. 353.
124 Mass. 286.
145 Mass. 115.
232 Mass. 273.
Person aided
may be
removed to
place of
settlement.
1793, 59, §§ 9,
10.
R. S. 46, § 19.
G. S. 70, § 17.
P. S. 84, § 28.
R. L. 81, §32.
Section 25. The board of public welfare of a town to which a person
has actually become chargeable may give written notice thereof to and
request his removal by one or more of the members of the board of
public welfare of the town where his settlement is supposed to be, who
may, by a written order directed to a person designated therein, cause
such removal to be made.
1931, 394, § 120.
23 Pick. 156.
4 Met. 433.
13 Met. 198.
5 Allen, 545.
103 Mass. 117.
124 Mass. 117.
138 Mass. 256.
152 Mass. 484.
167 Mass. 579.
186 Mass. 524.
4 Op. A. G. 568.
Process in
case of re-
moval.
1766-7, 17, § 7.
1793, 59, § 10.
R. S. 40, I 20.
G. .S. 70, § 18.
P. 8. 84, § 29.
1891,90, 8 2.
R. h. 81. § 33.
1927, 80.
1928, 155, 5 27.
1 Mass. 518.
1 Pick. 470.
23 Pick. 156.
9 .\llen, 91.
Section 26. If within one month after receiving such notice the
board of public welfare of the latter town does not cause such remo\al to
be made or a written statement signed by one or more of said board,
or by the executive officer or by the duly authorized agent of said board,
of its objections thereto to be transmitted to said board requesting such
removal, the board requesting it may, by a written order directed to a
person therein designated, cause the person to be removed to the town
of his supposed settlement; and the board of public weltare thereof
shall receive and provide for him; and such place shall be liable to the
Chap. 117.] support by cities and towns. 1433
10 town incurring the same for the expenses of his support and removal, }??^*^^:4l5:
11 and shall be barred from contesting the question of settlement unless J^^ ^J^^^; JJ^-
12 the settlement is denied in said statement.
145 Mass. 535. 186 Mass. 524. 4 Op. .-V. G. 568.
1 Section 27. The notice and statement mentioned in the two preced- s^n^'hymlii.'
2 ing sections may be sent by mail, and, if directed to the board of public fjf28''.'i42, § i.
:i welfare of the town intended to be notified or answered, postage prepaid, g s.ia, '§ 21.
4 shall be a sufficient notice or answer, and shall be considered as cleliv- p. s.' 84,' | .30.'
.5 ered to the board of public welfare to which directed at the time when 1931; 394,
(') it is received in the post office of the place to which it is directed and ^Mass. 110.
where its members reside.
1 Section 28. Whoever brings into and leaves a poor and indigent fj'^^^^^l°l^
2 i^erson in an\- town in the commonwealth, wherein such person is not persons where
I ' ... , I'l' t'1'j.j. ^^^ settled.
3 lawfully settled, knowmg him to be poor and indigent, and with intent i788, ei, § 9.
4 to charge such town with his relief or support, shall forfeit not more r. s.' 46,' § 24.'
5 than one hundred dollars, to the use of such place. '^*^' '^®'
G S 70 § 20. 16 Mass. 393. 102 Mass. 214.
P S 84. 5 31. 1 Pick. 465. 105 Mass. 336.
R. L. 81, § 35. 21 Pick. 83.
1 Section 29. Whoever knowingly and wilfully makes any false penalty for
2 written representations to the board of public welfare, to its agent or ieLtaJfo^ns."
3 to the department of public welfare or its agents, for the purpose of }^||^; Hf^ ^ ^i.
4 causing an\- person to be supported in whole or in part by a town or by fgi^; f^o^^i^fy
,5 the commonwealth, shall be punished by a fine of not more than two 1928! 155', § 28!
G hundred dollars or by imprisonment for not more than one year.
1 Section 30. Upon the death of a person who at his decease is actu- Estate of de-
2 ally chargeable to a town within the commonwealth, the board of public chargea'bTe''to
3 welfare thereof may take possession of all his real and personal property; by Vhomloi'd.
4 and if administration is not taken upon his estate within thirty days ;|i^' '^e, § 6.
5 after his decease, they may in their own names sell and convey so much i?5|' ^s- ^ ^j
0 thereof as may be necessary to reimburse the town for expenses incurred p's-'|4.' if^
7 for said person. If any part of such property is withheld from said 1928. i55,^§ 29.
8 board of public welfare, they ma\- in their own names sue for and recover i6o'Mass^"503.
9 possession of the real property, and shall have the same remedy for the
10 recovery of the personal property or its value as an administrator might
11 have in like case.
1 Section 31. In actions and prosecutions founded on the preceding Boards of ^^^
2 sections, the board of public welfare of any town or any person ap- m"ay'prose-
3 pointed by a writing under the hands of its members shall appear and 1793, 59, § 12.
4 prosecute or defend the same in behalf of such town. ^- ^- *"■ ^ "''■
G. S. 70, § 22.
P. S. 84. 1 .33.
1931, 394, § 122.
1863, 240, § 2.
R. L. 81, § 38.
199 Mass. 527.
1 Section 32. Boards of public welfare shall keep full and accurate Records of
2 records, in a form prescribed by the department of public welfare, of ported! lu-.
3 persons fully supported, persons relieved and partially supported, and p'''s.'84, §34.'
4 travelers and vagrants lodged at the expense of their towns, and of the }9°*' ^^J ^ jg
5 amount paid for such support and relief.
1919, 350, § 87. 1928, 155, § 30.
1434
SUPPORT BY CITIES AND TO'W^S.
[Chap. 117.
Annual returns,
1837, 194, § 1.
1841, 116, § 1.
1844, 140.
1864, 307, § 6.
1867, 209, § 2.
1871. 370. § 1.
1875, 216.
P. S. 84,
15 35,38.
1886, 101,
R. L. 81,
§§40,43.
1919, 350
5 4.
87,
Section 33. They shall annually, in April, for the year ending on
the last day of March, return to the department of public welfare the
number of "such persons supported and relieved, the cost thereof, and a
record of those fully supported; and on or before the tenth days of
January and July of each year make and forward returns to the said
department, in such form as it may prescribe, relative to all minor
children over the age of four years who are supported at the expense of
their town on the first days of said months.
Decennial
returns.
1837, 194, 5 1.
1848, 247, § 1.
G. S. 70. 5 23.
1.875, 216.
P. S. 84, § 36.
Section 34. In the year nineteen hundred and twenty-five and in 1
every tenth year thereafter the return of the board of public welfare shall 2
contain true and correct answers to such additional inquiries as the 3
department may deem it advisable to make. 4
R. L. 81, § 41. 1919, 3.50. § 87.
1905.115. 1931,394,5123.
Penalty for
failure to
comply with
three preced-
ing sections.
1837. 194, § 3,
G. .S. 70, 5 24.
1867, 209, 5 3.
P. S. 84. § 37.
R. L. 81, § 42.
1918, 257,
5 300.
1919, 5; 350,
5 87.
1920, 2.
1928, 155, § 31.
Section 35. If the board of public welfare refuse or neglect to com-
ply with the requirements of the three preceding sections, their town
shall forfeit one dollar for each day's neglect; and the amount of such
forfeiture, on being certified by the department to the state treasurer,
shall be deducted from any amount to which said town may be entitled
in reimbursement for relief as provided in sections twelve and eighteen
of chapter one hundred and twent>'-two; and if no such reimbursement
shall be due to said town, the forfeiture shall be deducted from any
money which may be due to it from the commonwealth.
lOp. A. G.95.
Boards of
public welfare
to place
children in
their charge in
families.
1879, 103, § 1.
P. S. 84, § 3.
1893, 197, § 1.
R. L. 81. 5 5.
1905, 303, 5 1 ■
1928, 155, 5 32
Section 36. In every town the board of public welfare shall place
every child in their charge and over two years of age in a respectable
family in the commonwealth or in an asylum therein, to be there sup-
ported by the town according to the laws relati\-e to the support of the
poor until they can be otherwise cared for. The board of public welfare,
personally or by agent, shall visit such child at least once in three months
and make all needful inquiries as to his treatment or welfare.
Department of
public welfare
to place chil-
dren in
families, when.
1887, 401.
1893, 197, 5 2.
1898, 433, § 24.
R. L. 81, §6.
1919, 3.50, 5 87.
1928, 155, 5 33.
Section 37. If the board of public welfare, except in Boston, fail to
place out any child under the preceding section for two months after
the date of receiving such child, the department, to the exclusion of the
board of public welfare, shall perform such duty; and such child shall,
under its direction, be supported by the town in the same manner as if
placed out by the board of public welfare, and shall be subject to \isita-
tion by its officers or agents until it is satisfied that the board of public
welfare will properly care for him.
Section 38. [Repealed, 1928, 155, § 58.]
Section 39. [Repealed, 1931, 42G, § 20.]
Removal of SECTION 40. Boards of public welfare shall not remove or allow the
minors irom x iii*" i?i
fated "'"penalty Tcmoval of a miiior under their control beyond the limits ot the com-
i868.'279',"" *' nionwealth without the approval of the judge of probate, granted
p s! 84,^ upon application, and after notice to all parties interested and a hearing,
R.L*'8^§29. unless such minor has a settlement in another state. They shall not
Chaps. 117,118.]
1435
6 withhold information relative to the maintenance of such minor from i«:ii.:i94,
7 any person entitled to receive it. Violations of this section shall be
8 punished by a fine of not more than five hundred dollars.
1 Section 41. [Repe.^.led, 19.31, 420, § 20.]
1 Section 42. [Repealed, 1931, 426, § 20.]
1 Section 43. Each hospital furnishing, or which has furnished, med-
2 ical or surgical aid to a person at the expense of a town shall, upon re-
3 quest, furnish such town with all the information it has or can secure
4 from the patient or from any person with whom it has dealt with respect
5 to such patient, relating to his legal settlement. Any hospital failing to
6 comply with this section shall be punished by a fine of ten dollars.
Hospitals to
furnish certain
infornmtion.
Penalty,
1917, 111.
CHAPTER 118.
AID TO MOTHERS WITH DEPENDENT CHILDREN.
Sect
1. Scope of the chapter.
2. Cities and towns to furnish aid to
mothers with dependent children.
3. Duties of boards of public welfare.
4. Same subject.
Sect.
5. Department of public welfare to have
supervision, etc.
6. Reimbursement of cities and towns by
the commonwealth, etc.
1 Sectio.v 1. This chapter shall apply to all mothers and their de- Scope of the
2 pendent children under the age of sixteen, whether or not they or any 1913, 763,
3 of them may have a settlement within the commonwealth, who shall 1922, sVe.
4 have resided therein not less than three years. A mother shall not be }^|°' ff^-
5 disqualified from receiving aid under this chapter because of having but
6 one such child.
1 Section" 2. In every town the board of public welfare shall aid all ^'^'n* totur-
2 such mothers, if thev are fit to bring up their children. The aid fur- nishaidto
• 1 1 1 11 1 m • 11 11* 1 • 1 •! I mothers with
3 iiished shall be sumcient to enable them to bring up their children prop- dependent
.,.,., children.
4 erlv m their own homes.
1913, 763, § 1.
1931, 394, § 123
4 Op. X. a. 56S.
394,
1 Section 3. Before so aiding any such mother, except as hereinafter Duties of
2 provided, the board of public welfare shall determine that the mother pSwio'^weifare.
3 is fit to bring up her children and that the other members of the house- \l\g[ 350; 1 17.
4 hold and the surroundings of the home are such as to make for good '^fi^
5 character, and that aid from the board is necessary to enable her to
6 bring up her children properly. For this purpose the board shall make
7 an immediate and careful inquiry including the resources of the family
8 and the ability of its other members, if any, to work or otherwise con-
9 tribute to its support, the existence of relatives able to assist the family,
10 and of individuals, societies or agencies who may be interested therein;
11 shall take all lawful means to compel all persons bound to support the
1436 AID TO MOTHERS WITH DEPENDENT CHILDREN. [ChaP. 118.
mother and children to support them, and to enforce any other legal 12
rights for their benefit; shall press all members of the family who are 13
able to work, other than the mother and her dependent children, to secure 14
work; shall try to secure work for them; and shall secure all neces- 15
sary aid for the mother and children which can be secured from relatives, 16
organizations or individuals. This section shall not prevent the board 17
from giving prompt and suitable temporary aid, pending compliance 18
with the requirements of this section, when in its opinion such aid is 19
necessary and cannot be obtained from other sources. A detailed state- 20
ment of' expenses incurred under this section shall be rendered to the 21
department of public welfare, together with such certificates or other 22
guarantees as it may require.
23
Same subject.
1913, 763, i 3.
1931.394,
§127.
Section 4. The board of public welfare, either by one of its own 1
number or by its duly appointed agent, shall visit at least once in every 2
three months, at their homes or other places where they may be living, 3
each mother and her dependent children who are being aided financially 4
or otherwise by said board, and after each visit shall make and keep on 5
file as a part of its official records a detailed statement of the condition 6
of the home and family and all other data which may assist in determining
the wisdom of the measures taken and the advisability of their continu-
ance; and the board shall at least once in each year reconsider the case
of each such mother with whom they are dealing, and enter its determi-
nation with the reason therefor on its official records.
8
9
10
11
Department SECTION 5. The department of public welfare shall supervise the
weffare'to work doHC and measures taken by the boards of jjublic welfare of the
vfsion.Tt"' several towns in respect to families subject to this chapter; and for
1919; 35o: I 87. this purpose may make such rules relative to notice as it deems necessar\-
fiW^*' and may visit and inspect any or all families so aided, and shall have
access to any records and other data kept by such boards or their rep
resentatives "relating to such aid; and the department shall include in its 7
annual report a statement of the work done by its own agents and by S
boards of public welfare in respect to such families any of whose members 9
are without legal settlement in the commonwealth; and a separate 10
statement of the work done by boards of public welfare in respect to 11
such families in which all the members have a legal settlement in the 12
commonwealth. l"^
Sot'dtles Section 6. In respect to all mothers in receipt of aid under this
by'lh^om- chapter the town rendering the aid shall, after approval of the bills by
monweaith, ^jj^ department of public welfare, and subject other\\ase to the prov
1913, 763.
1919, 350,
1926. 241. § 6,
4 Op. A. G. 568
6. sions of section forty-two of chapter one hundred and twenty-one, be
*^ reimbursed by the commonwealth for one third of the amount of the
aid given, or, if the mother so aided has no settlement, for the total 6
amount thereof. If the mother so aided has a legal settlement in 7
another town two thirds of the amount of such aid given may be recov- 8
ered in contract against the town liable therefor in accordance with 9
chapter one hundred and seventeen. 10
V
Chap. USA.] adequate assistance to certain aged citizens.
1437
CHAPTER 1 18A.
ADEQUATE ASSISTANCE TO CERTAIN AGED CITIZENS.
Sect.
1. State department of public welfare to
superv-ise rendering of assistance.
2. Bureaus of Old Age Assistance. Estab-
lishment, duties.
Sect.
3. Reimbursement of cities and towns ren-
dering as.sistance.
4. Powers and duties of state department
of public welfare.
1 Section 1. Adequate assistance to deserving citizens in need of ment of pubVi,-
2 relief and support seventy years of age or over who shall have resided "Jjiervlse"
3 in the commonwealth not less than twenty years immediately preceding ^^°'^^™^|°^
4 arrival at such age, subject to such reasonable exceptions as to continuity i93o, 402, § i.
5 of residence as the department of public welfare, in this chapter called
6 the department, may determine by rules hereinafter authorized, shall be
7 granted under the supervision of the department. Such assistance shall,
8 wherever practicable, be given to the aged person in his own home or
9 in lodgings or in a boarding home, and it shall be sufficient to provide
10 such suitable and dignified care. No person receiving assistance here-
11 under shall be deemed to be a pauper by reason thereof.
1 Section 2. Each board of public welfare shall, for the purpose of ^^f^^il°il
2 granting adequate assistance and service to such aged persons, establish n^^'nt'^'jfutipg
3 a division thereof to be designated as the Bureau of Old Age Assistance. i93o.'402. § 1.
•4 In determining the need for financial assistance, said bureaus shall give
5 consideration to the resources of the aged person and to the ability of
6 children and others to support such aged person. Separate records of
7 all such aged persons who are aided shall be kept and reports returned
8 in the manner prescribed by section thirty-four of chapter forty-one
9 and by sections thirty-two and thirty-three of chapter one hundred and
10 seventeen.
1 Section 3. In respect to all aged persons in receipt of assistance Reimbursement
2 under this chapter, the town rendering the assistance shall, after and °owns%nder-
3 subject to approval of the bills by the department and subject other- V93of402!Ti'.
4 wise to the provisions of section forty-two of chapter one hundred and
5 twenty-one, be reimbursed by the commonwealth for one third of the
6 amount of assistance given, or, if the person so aided has no settlement
7 in the commonwealth, for the total amount thereof. If the person so
8 aided has a legal settlement in another town, two thirds of the amount
9 of such assistance given may be recovered in contract against the town
10 liable therefor in accordance with chapter one hundred and seventeen.
1 Section 4. The department shall super\-ise the work done and dutielof sute
2 measures taken by the boards of public welfare of the several towns in ^fP^u^if^^"'
3 respect to persons aided and service given under this chapter; and for ^'^^^'1^2, § 1.
4 this purpose may make such rules relative to notice and reimbursement,
5 and such other rules relating to the administration of this chapter, as it
6 deems necessary, and may visit any person aided, and shall have access
7 to any records and other data kept by the boards of public welfare or
8 their representatives relating to such assistance, and may require the pro-
9 duction of books and papers and the testimony of witnesses under oath.
y
1438
PROTECTION AND CARE OF CHILDREN, ETC.
[CiiAP. iiy.
CHAPTER 119.
PROTECTION AND CARE OF CHILDREN, AND PROCEEDINGS
AGAINST THEM.
Revocation of license.
Records by licensee.
Penalty for maintain-
Sect.
protection of children.
1. Infant boarding house. Definition.
2. Same subject. License, inspection,
etc.
3. Same subject.
4. Same subject.
5. Same subject.
ing unlicensed house.
6. Notice to department.
7. Investigation by department.
8. Penalty for breach of § 6 or § 7.
9. Placing an infant under control of an-
other for pay deemed abandon-
ment. Penalty.
10. Aiding or abetting such action penal-
ized.
11. Application of two preceding sections.
12. Abandonment of infant penalized.
13. Aiding or abetting abandonment pe-
nalized.
14. Adoption, etc., of certain infants
regulated. Powers of department.
15. [Repealed.]
16. Department m.ay care for certain ille-
gitimate infants.
17. Burden of proof when relationship a
defence.
18. Special state police officer.
19. [Repealed.]
20. Certain children received for board,
etc.; notice, if deemed illegitimate.
Powers of department.
21. Certain information as to such chil-
dren to be furnished. Penalty.
22. Custody of unsettled infants.
23. [Repealed.]
24. [Repealed.]
25. [Repealed.]
26. [Repealed.]
27. [Repealed.)
28. Powers and duties of agents of de-
partment as to infants under seven.
29. Powers and duties of department as
to such infants.
30. Penalty for violation of two preceding
sections.
30.\. Bringing children into state for cer-
tain purposes regulated. Permit,
bond, etc. Penalty.
CARE OF DESTITUTE AND ABANDONED
CHILDREN.
31. [Repealed.]
32. [Repealed.]
33. [Repealed.]
34. [Repealed.]
Sect.
35. [Repealed.]
36. [Repealed.]
36A. Certain charitable corporations, ap-
pointment as guardians of minor
children authorized.
37. Information as to child and right to
visit it, how secured.
38. Support of certain children by de-
partment.
39. Children to be placed in private fami-
lies.
40. Protection of minor wards of the com-
monwealth in the religious belief of
their parents.
41. Certain children not to be transported
in patrol wagon. Penalty.
neglected children.
42. Neglected children may be taken in
custody, etc.
43. Hearing, etc.
44. Adjudication, commitment to depart-
ment, etc.
45. Commitment to board of public wel-
fare.
46. Powers of board, etc.
47. Appeal from adjudication.
48. Persons appearing in behalf of chil-
dren.
49. Duties of supervisors of attendance,
etc.
50. Same subject.
51. E.xpenses under two preceding sec-
tions, how paid.
delinquent children,
52. Definitions.
53. Proceedings not to be deemed crimi-
nal.
54. Proceedings.
55. Parent or guardian to be summoned.
56. Hearings. Appeal.
57. Investigation by probation officer.
Reports.
58. Adjudication. Proceedings after ad-
judication.
5SA. Mental and physical examinations of
children before commitment as de-
linquents. Reports.
59. Proceedings upon violation of terms
of probation. Fines. Disposition,
etc.
60. Record of proceedings not admissible
as evidence except in certain cases.
61. Commission of criminal offence by
child. Disposition of case.
Chap. 119.]
PROTECTION OF CHILDREN.
1439
Sect.
02.
63.
64.
Restitution by child.
Parent or guardian aiding in delin-
quency of child penalized. Proced-
ure.
Powers of board of probation.
PROVISIONS COMMON TO ALL PROCEEDINGS
AGAINST CHILDREN.
Juvenile sessions regulated.
Commitment of children to houses of
detention, etc., regulated.
Care of children held for examination
or trial.
Superintendent of schools to furnish
information, etc.
Proceeding to avoid incarceration,
etc.
Parents, guardians, etc., may be sum-
moned.
Procedure upon failure to appear on
summons.
65.
66.
68,
69.
70.
71.
Sect.
72. Jurisdiction of courts in their juvenile
sessions continued, etc.
76.
79.
80.
81.
82.
83.
CRIMINAL PROCEEDINGS.
Jurisdiction of courts.
Proceedings against children between
seven and fourteen limited.
Complaint. Warrant.
Child may be put in charge of depart-
ment.
Warrant of commitment.
Warrant to contain certificate of age
and residence. Effect.
Warrant for recommitment.
Sentence, etc., of child not committed
to Lyman school, etc.
Appeal.
Warrants by trial justices for commit-
ment of girls to be returned to su-
perior court.
Sentences in superior court. Pro-
cedure.
PROTECTION OF CHILDREN.
1 Section 1. Whoever for hire, gain or reward has in his custody or infant board-
2 control at one time two or more infants under two years of age unat- Sefin'ition.
3 tended by a parent or guardian, except infants related to him by blood l892;3i8; H'.
4 or marriage, for the purpose of providing them with care, food and lodg- ^' ^- *^' ^ ^•
5 ing, shall be deemed to maintain a boarding house for infants.
1 Section 2. The department of public welfare, in this chapter called flcrase^'ii^-''''
2 the department, may grant licenses to maintain boarding houses for i^lg'^^^j'^'s'-a
3 infants. Every application therefor shall, except in Boston, first be ap- i892:3i8;
4 proved by the board of health of the town where such boarding house is R- 1- ss, § 2
5 to be maintained. Such license shall be granted for not more than one ^^''■^*°' ^ *^'
6 year, shall state the name of the licensee, the particular premises where
7 the business may be carried on, the number of infants which may be
8 boarded there at one time, and, if required by the department, it shall be
9 posted in a conspicuous place on the licensed premises. No greater num-
10 ber of infants than is authorized by the license shall be kept at one time
11 on the premises, and no infant shall be kept in a building or place not
12 designated in the license. A record of licenses issued shall be kept by
13 the department, which shall forthwith give notice of the granting of such
14 license and of its terms to the board of health of the town where the
15 licensee resides. The department and boards of health, except in Boston,
16 shall annually, and may, at any time, visit and inspect premises so li-
17 censed or designate a person therefor.
1 Section 3. The department may revoke such license, and shall note same subject.
2 such revocation upon the face of the record thereof. It shall give written of'^Ksi""
3 notice of such revocation to the licensee by delivering the notice to him }892; tit', ^ ^'
4 in person or by leaving it on the licensed premises. ^^ ^' ®-
R. L. 83, 5 3. 1919, 350, § 87.
1 Section 4. Every such licensee shall keep a record, in a form pre- Same subject.
2 scribed by the department, of every infant received, the date of its hcmLe. ^
3 reception, the name and address of the person from whom received, the r.^i,'. laf '§\^'
1440
PROTECTION OF CHILDREN.
[Chap. 119.
date of its discharge, and the name and address of the person to whom 4
delivered on discharge. 5
Same subject.
Penalty for
maintaining
unlicensed
house.
1892, 318, S 1.
R. L. 83, § 5.
Section 5. Whoever maintains a boarding house for infants, unless
licensed thereto by the department, shall be punished by a fine of not
more than one hundred dollars or by imprisonment for not more than
one year, or both.
1919, 350, § 87.
Notice to
department.
1892. 318, § 7.
1897, 395, § 3.
R. L. 83. § 6.
1919, 350, § 87.
1931, 426,
§ 229.
162 Mass. 596.
[Penalty, § 8.]
Section 6. Whoever receives under his care or control, and whoever 1
places under the care or control of another for compensation, an infant 2
under two years of age, not related by blood or marriage to the person 3
receiving it, shall, within two days thereafter, give notice thereof, and 4
of the terms upon which such infant was received, to the department, 5
with the name, age and residence of the infant, its parents, and the per- 6
sons from whom and by whom received ; but if such infant was received 7
from the board of public welfare of any town, or from the institutions 8
department of Boston, or from any charitable institution incorporated 9
in the commonwealth, such notice may state only the name and age of 10
such infant and the name and location of the board, department or 11
institution from which received. 12
Investigation SECTION 7. The department, upon receipt of such notice or of any 1
by department. . „ , . . . , , i i r>
1892, 1^8, §^8. information of such reception, may investigate the case and make such 2
1919, 350, § 87. recommendations as it deems expedient. If they are not complied with, 3
IPenaity, § 8.) it may apply to a justice of the supreme judicial court, superior court, 4
district court, or to a judge of probate, who, after notice to the parents 5
of such infant or to tlie persons delivering and receiving it, may make 6
and enforce appropriate orders for the care, custody, protection and 7
maintenance of such infant, and on notice may from time to time revise 8
said orders. 9
Penalty for
breach of
5 6 or § 7.
1892, 318, § 9.
R. L. 83, § 8.
1919. 350, § 87.
Section S. Whoever neglects to give the notice required by section
six or refuses to give information upon request of the department, its
officers or agents, or fails to comply with the orders of a court made in
accordance with the preceding section shall, upon complaint of the de-
partment, be punished by a fine of not more than one hundred dollars
or by imprisonment for not more than one year, or both.
SfTiit under Section 9. Whoever gives to any person an infant under two years 1
control of of agc for the purpose of placing it for hire, gain or reward under the 2
pay deemed permanent control of another person shall be guilty of the abandonment 3
Penalty"'"™* of such iufaiit, and shall, if a man, be punished by imprisonment in the 4
R^t lf.\%^°' house of correction, and if a woman, in the reformatory for women, for 5
1911, 181. j^^j^ more than two years. (J
Aiding or SECTION 10. Whoever for hire, gain or reward receives an infant 1
action under two years of age for the purpose of placing it under the control of 2
i892,'3i8', § 11. any other person shall be guilty of aiding and abetting the abandonment 3
R. L. 83, § 9. ^^^. '^^^^j^ infant and shall be puni.slied by a fine of not more than two liun- 4
dred dollars or by imprisonment for not more than two years. 5
Chap. 119.] protection of children. 1441
1 Section 1 1 . The two preceding sections shall not apply to the depart- f^pp'^rec'edin"'
2 ment, the board of public welfare of a town, the institutions department sections.
3 of Boston, any incorporated charitable institution, or the officers or agents isbi, 395! § 3. '
4 thereof.
R. L. S3. §9. 1919, 350. § 87. 1931, ig."). § 1.
1 Section 12. ^^^loever abandons an infant under the age of ten within Abandonment
2 or without any building, or, being its i^arcnt, or being under a legal duty penaifz^d.
3 to care for it, and having made a contract for its board or maintenance, liggilog,' § \'.
4 absconds or fails to perform such contract, and who for four weeks after f^J^-^ |3^ § ^°-
5 such absconding or breach of his contract, if of sufficient physical and wji. i|^: soo.
fi mental ability, neglects to visit or remove such infant or notify the over- §^464.^
7 seers of the poor of the town where he resides of his inability to support 1920! 2.
8 such infant, shall be punished by imprisonment, if a man, in the house
9 of correction, or, if a woman, in the reformatory for women, for not more
10 than two years; or, if the infant dies by reason of such abandonment, by
11 imprisonment for not more than five years.
1 Section 13. Whoever knowingly and with wrongful intent aids or Aiding or
2 abets in the abandonment of an infant under ten years of age shall be Abandonment
3 punished by a fine of not more than one hundred dollars or by imprison- flgal'lro, § 2.
4 ment for not more than two years.
R. L. S3, § 10. 1905, 269. 1911, 500.
1 Section 14. Whoever receives an infant under two years of age for Adoption, etc.,
2 adoption or for giving it a home, or for procuring a home or adoption rnfams^regu-
3 for it, shall, before receiving the same, ascertain its name, age and birth- ^f depanZnt"
4 place, and the name and residence of its parents, and shall keep a record is^^, |^8.^M3-
5 of the same and of the date of such reception. He shall forthwith, upon i9i9,' sso, § 87.
6 the reception of said infant, give written notice thereof to the department,
7 and upon its request shall give information and render reports required
8 by it concerning such infant, and within two days after its discharge
9 shall give written notice to the department of the discharge and disposal
10 of such infant. The department may investigate the case, and at any
11 time prior to a decree of adoption take any such infant into its custody
12 if in its judgment public interest and the protection of the infant so
13 require.
1 Section 15. [Repealed, 1931, 426, § 21.]
1 Section 16. The mother of an illegitimate infant under two years Department^
2 of age who is a resident of this commonwealth may, in writing signed JSnafn iUegiti-
3 by her and with the consent of the department, give up such infant to Jsg'l, sis^'fis.
4 it for adoption; and if it deems such action for the public interest, the fgig; ffo.S'si
5 department may, in its discretion and on such conditions as it imposes,
6 receive such infant and provide therefor. Such surrender by the mother
7 shall operate as a consent by her to any adoption subsequently approved
8 by the department.
1 Section 17. In any prosecution under the preceding sections of this Burden of
2 chapter, except sections twelve and thirteen, a defendant who relies in relationship
3 defence upon the relationship of any of said infants to himself shall have fggl.'^sil', § 2.
4 the burden of proof thereof.
R. L. 83, 5 14.
1442
PROTECTION OF CHILDREN.
[Chap. 119.
Special state
police officer.
1885, 158.
1895. 310.
1898, 483.
R. L. 83, § 15.
1919, 350,
§§87,99,
101, 102.
Certain chil-
dren received
for board, etc.;
notice, if
deemed
illegitimate.
Powers of
department.
1889, 309, § 2.
1891, 194.
1899, 276.
R. L. S3, § 17.
1919, 350, § 87.
[Penalty, § 21.)
Certain infor-
mation as to
such children
to be fur-
nished.
Penalty.
1882, 270, § 3.
1889, 309,
§§3,4.
1891, 194.
R. L. 83,
§§ 18, 19.
1919, 3.50, § 87.
1931, 394,
§ 129.
Section 18. The governor, upon the written recommendation of the 1
department, may appoint a special state police officer for three years, 2
v/ho shall be subject to removal at any time by the governor, shall serve 3
without pay, shall have and exercise throughout the commonwealth the 4
powers of a state police officer, and, under the direction of the depart- 5
ment, shall enforce the provisions of this chapter relating to the powers G
and duties of the department. 7
Section 19. [Repe.\led, 19.31, 195, § 6.] 1
Section 20. Whoever receives an infant under the age of three for 1
board or for the purpose of procuring adoption shall use due diligence 2
to ascertain whether it is illegitimate, and if he knows or has reason to 3
believe that it is, he shall forthwith notify the department of such re- 4
ception. The members, officers or agents of the department may enter 5
and inspect a building where they have reason to believe such illegitimate 6
infant is boarded and remove it, if they believe that, by reason of neglect, 7
abuse or other cause, its removal is necessary to preserve its life. Such 8
infant shall be in the custody of the department, which shall make lawful 9
provision therefor. 10
Section 21. A person receiving an infant for board or for the pur- 1
pose of procuring adoption, as described in the preceding section, and its 2
parents shall, if required by the department, give true answers, so far as 3
their knowledge extends, as to the parentage, residence and place of 4
settlement of said infant; and the parents of such child shall, if required 5
by the department or the board of public welfare of the town where the 6
person receiving said infant resides, give security for its maintenance satis- 7
factory to the department or board. Whoever violates any provision of S
this or the preceding section shall be punished by a fine of not more than 9
one hundred dollars or by imprisonment for not more than one year. 10
unscuii^d°^ Section 22. The board of public welfare of a town and the superin- 1
i'883'23'' §3 tendent and board of trustees of the state infirmary shall commit any 2
1886, 101, § 4. indisrent or neglected infant having no known settlement in the common- 3
1 SO ^ 2 1 T
1898! 433,' § 24. wcaltli to the custody of the department, which shall provide for him in a 4
1909,' 504, § 98. family or other suitable place, as it deems expedient for the interests of 5
1919, 350, § 87. .1 „ „i,:i.i a
1931, 195, § 2. the child. b
Section 23. [Repealed, 1931, 195, § 6.] .1
Section 24. [Repealed, 1931, 195, § 6.] 1
Section 25. [Repealed, 1931, 195, § G.] 1
Section 2G. [Repe.aled, 1931, 195, § 6.]
Section 27. [Repealed, 1931, 195, § G.]
Section 28. An agent of the department specially authorized thereto 1
may enter without actual force anv building or room when such agent has 2
3
Powers and
duticH of
aKenIs i»f de-
to Uihults"'* reason to believe that a child under seven is sheltered or maintainetl apart
iQooTlsTru. from his parents and is not receiving proper care. The agent shall investi- 4
ClIAP. 119.] PROTECTION OF CHILDREN. 1443
5 gate the case and may, if he considers such removal necessary for the r. l. 83, § 26.
6 protection of the child from neglect or abuse, cause such child, if he is not §'§87. 91.'
7 under the personal care of a parent or guardian, to be removed to the '^^'' ^^*' ^^■
8 custody of the department. An agent who is refused such entry or who is
9 hindered in the removal of such child may make complaint, on oath, to a
10 justice of a court, who may thereupon issue a warrant authorizing him to
11 obtain sufficient aid and at any reasonable time to enter the building
12 designated, and every part tliereof, to investigate, the treatment and con-
13 dition of the children found there, and to remove such children as herein
14 provided.
1 Section 29. The agent shall forthwith notify the department of JSir^
2 his doings, and it shall thereupon decide whether to retain such child in fsnTinLnu.
.3 its custody or to restore him to his parent or guardian or to the place 'soo, m4,
4 from which he was removed. As to a child so retained, it shall have fg,L. 83^^ §^27^
5 the powers and duties which it has as to neglected children committed
6 to its custody by the courts. But the department, unless within a reason-
7 able time it secures the commitment of such child, under the provisions of
8 sections forty-two to forty-seven, inclusive, shall, upon request, discharge
9 such child to his legal guardian, or if he has no guardian to his father, or
10 if he has no father to his mother. The department may notify the person
11 from whose care or custody a child has been taken under the preceding
12 section that no child of which he is not the legal guardian shall, without
13 a permit from the department, be received or maintained by him. The
14 department shall apply to the probate court for the removal of the guard-
15 ian of any child under seven years of age who is unsuitable for his trust.
1 Section 30. Whoever obstructs or hinders the department or its Penalty for
2 officers or agents in the execution of the duties and powers imposed or ^wVpreceding
3 conferred by the two preceding sections or, after notice as aforesaid, i9oo?254. § .5,
4 receives a child without having a permit therefor, shall be punished by pgj^ UbS^ti
5 a fine of not more than one hundred dollars for the first offence, and by
6 a fine of not more than one hundred dollars or by imprisonment for not
7 more than si.x months for a subsequent offence.
1 Section .30A. No person or institution shall bring or cause to be BrinKing cwi-
2 brought into the commonwealth, or receive therein, from any other state, fjrcer'ta'in
3 province or country, any child for the purpose of placing or boarding, or of fe'^Satfd.
4 procuring the placing or boarding of such child, in a family or home within ft'i''™'^VnaUy
5 the commonwealth, with a view to adoption, guardianship, custody or issi, 433.
6 care by any person other than one related to him by blood or marriage,
7 without first obtaining a permit therefor from the department. Such
8 a permit shall not issue until a written application therefor has been filed
9 with the department on forms by it prepared, containing such information
10 relative to such child as the department may require, accompanied by an
11 individual or blanket bond running to the commonwealth in such penal
12 sum and with such surety or sureties as the department may approve,
13 conditioned on the following: (1) that all statements contained in such
14 an application are true in substantial particulars; (2) that any such child
15 becoming a public charge during his minority shall be removed from the
16 state not later than thirty days after notice from the department; (3)
17 that such child shall be removed from the state immediately upon his
18 release from any penal or reformatory institution or training school to
19 which he has been committed, within three ;v-ears of his arrival within fe.
1444
CARE OF CHILDREN.
[Chap. 119.
the state, for juvenile delinquency or crime; (4) that such child shall be 20
placed or boarded under such agreement as will secure to him a proper 21
home and surroundings, and as will render his custodian responsible for 22
his proper care, education and training, under adequate supervision and 2.3
subject to annual visitation by an agent; and (5) that such reports rela- 24
tive to the child shall be made to the department as it may require. In 25
case of a breach of any condition of such a bond, the attorney general, 26
upon request of the department, shall put the bond in suit, and the com- 27
monwealth or any city or town thereof shall be reimbursed from the 28
proceeds for any expense incurred by reason of a breach of any such 29
condition. Violation of this section shall be punished by a fine of not more 30
than one hundred dollars or by imprisonment for not more than six 31
months, or both. 32
Certain
charitable
corporations,
appointment
as guardians
of minor chil-
dren author-
ized.
1927, 168.
1931,426,
§ 230.
Information
as to child
and right to
visit it, how
secured.
1896, 288.
R. L. 83, § 35.
care of destitute and abandoned children.
Section 31. [Repealed, 1931, 195, § 6.]
Section 32. [Repealed, 1931, 195, § 6.]
Section 33. [Repealed, 1931, 195, § 6.]
Section 34. [Repealed, 1931, 195, § 6.]
Section 35. [Repealed, 1931, 195, § 6.]
Section 36. [Repealed, 1931, 195, § 6.]
Section 36A. Any charitable corporation, organized under general
or special laws of the commonwealth for the purpose of and engaged
principally in the care of children, may, with the written approval in
each instance of the department, be appointed guardian of any minor
child, and, when so appointed, such a corporation shall have the same
powers, duties and obligations, shall be subject to the same restrictions,
as are prescribed for guardians of minor children by general law. The
department may grant or refuse such approval after such investigation
as to the fitness and suitability of the corporation to serve in such ca-
pacity as it deems expedient. Nothing in this section shall be construed
to require any charitable corporation authorized by special law in effect 11
on March twenty-fifth, nineteen hundred and twenty-seven, to be ap- 12
pointed guardian of minor children to obtain the written approval of the 13
department of public welfare in case of any appointment as such guardian. 14
1
2
3
4
5
6
7
8
9
10
Section 37. If the parent or guardian of a child placed in charge of
any person, association or public or private institution by any state
department, town board, or by any public or pri\ate corporation or
body of persons authorized by law to so place children, or if one of the
next of kin of an orphan so placed in charge and without guardian, is
not, upon request, informed by such department, board, corporation or
body of persons where the child is, the probate court for the county
where such child has its legal residence may, iiixm petition of such
parent, guardian or next of kin, and upon notice, if in its opinion the
welfare of the child and the public interest will not be injured thereby, 10
require such department, board, corporation or body of persons to give 11
Chap. 119.] proceedings against children. 1445
12 the information and permit the parent, guardian or next of kin to visit
13 the child at such times and under such conditions as the court orders;
14 and th^ court may revise its order or make new orders or decrees as the
15 welfare of the child and the public interest may require.
1 Section 38. The department may provide for the maintenance of a Support ot
2 child imder the age of twenty-one, dependent on public charity, upon Sen^by" ''
3 written application of the parent or guardian or, if there is no parent or iSoXsSvrl i.
4 guardian, of a friend, or of the board of public welfare of the town where fgu; flo.^^l.'
5 such child is found.
1919, 350, I 87. 1931, 195, § 4. 222 Mass. 184.
1 Section 39. Children in the care or custody of the department shall be'^pf^^YiJ,
2 be placed in private families; but in case of illness or change of place, or private
, f, . . -11 T I 1 • • 1 1 • • * fanulies.
3 while awaiting trial, they may be placed in any suitable institution. i9oo, 397, § 4.
R. L. S3, § 39. 1919, 350, § S7.
1 Section 40. No parents, or surviving parent, of any minor child in Protection of
2 the care or under the supervision of the department, or of any state de- S'the com-^
3 partment, or of any state board of trustees, shall be denied the right of any the"refigious°
4 child of tiieirs to the free exercise of the religious belief of his parents and ^f^^l°g ""'"'
5 the liberty of worshipping God according to the religion of his parents, J-JOS' *64.
6 or surviving parent, or of the religion which his parents professed, if 195 Mass' i87.'
7 they are both deceased; and no minor child in the care, or under the p ■ •
8 supervision of the department, or of any state department, or state
9 board of trustees, shall be denied the free exercise of the religion of his
10 parents, or of his surviving parent, or of his parents if they are both
11 deceased, nor the liberty of worshipping God according to the religion
12 of his parents, whether living or deceased.
1 Section 41. No person shall convey or cause to be conveyed a Certain chii-
2 neglected or destitute child not convicted or accused of any offence in transported in
3 a patrol wagon from its home or from any other place to any court or PenTity!"^""'
4 institution, but, if a conveyance is necessary, shall convey him in such \llf flf ^ g
5 other suitable vehicle as shall be provided or designated by the institu-
6 tions commissioner in Boston or by the board of public welfare in any
7 other town. Violation of this section shall be punished by a fine of not
8 less than twenty-five nor more than fifty dollars or by imprisonment for
9 not more than three months.
neglected children.
1 Section 42. The Boston juvenile court or a district court, except the Neglected chii-
2 municipal court of the city of Boston, upon a complaint made by any tilken"in''cus-
3 person that any child under sixteen years of age within its jurisdiction, j'g|ig' Igg 5 3
4 by reason of orphanage, or of the neglect, crime, cruelty, insanity or fss-' ll'i^fs
5 drunkenness or other vice of its parents, is growing up without educa- issb', 330'.
6 tion, or without salutary control, or without proper physical care, or in is'k! 498^ § 28.
7 circumstances exposing him to lead an idle and dissolute life, or is de- sso, '§ 2. '
8 pendent upon public charity, may issue a precept to bring such child §§'2',' 3.^^'
9 before said court, and shall issue a notice to the department, and shall {^gg 134^^ ^^■
10 also issue a summons requiring the department or person to whom such flgl' 409 54
11 notice or summons is directed to appear before said court at the time 1909! isi!
12 and place stated therein, to show cause why such child should not be 1919', 350', § 87.
13 committed to the department or be otherwise provided for. Such sum- ""
1446 PROCEEDINGS AGAINST CHILDREN. [ChAP. 119.
mons shall be issued to at least one of the parents of the child, if either 14
of them is known to reside within the commonwealth, and, if after reason- 15
able search no such parent can be found within the commonwealth, to its 16
lawful guardian, if there is one known to be so resident, and if not, to 17
the person with whom such child last resided, if known; otherwise, to 18
some suitable person to act in behalf of such child. 19
i9o¥'3l'4^*r2. Section 4.3. 'Wlien such child is taken in custody upon said precept 1
1917! 326; 1 1^ and brought before said court, it may then hear said complaint, or said 2
complaint may be continued to a time fixed for hearing, and the court 3
may allow the child to be placed in the care of some suitable person or 4
charitable corporation upon furnishing surety for the further appear- 5
ance of said child ; or the child may be committed to the custody of the 6
department until surety is furnished, pending a hearing on said complaint . 7
TOmmitment ' Section 44. If the child is in court at the hearing and it appears that 1
to department, a,n\(\ summous has been duly and legally served upon some person men- 2
1882. isi, § 3. tioned as aforesaid, and that said notice has been issued to the depart- 3
1898! 496', §35. mcnt, thc court, if it finds the allegations in said complaint proved, may 4
r.°l'. l3y'§y'. adjudge that said child is a neglected child, and may further continue 5
1903, 334, g^^jj complaint and allow the child to be placed in the care of some suit- 6
1919; 35o' 1 1?, a^^le person or charitable corporation upon furnishing surety for the 7
152 Mass' 432 fiTthcr appcaraucc of the child before said court whene\er said court 8
161 Mass. to"' niay require; and said court may make such further orders with reference 9
259 Mass! US. to the care and custody of the child as may conduce to his best interests; 10
or said court may commit the child to the custody of the department 11
until he becomes twenty-one years of age, or for a less time; and tiie 12
department may discliarge said ciiild from its custody whenever the 13
object of his commitment has been accomplished. 14
foToardTf"' Section 45. If such child has a settlement, and if the board of 1
i866°''s3"n' Pi'^^lic welfare of the placp of his settlement so requests, the commit- 2
^|*f4^|°3 ment may be to its custody. The department may transfer its custody 3
1894; 498; § 28. of any such child who has a settlement to the board of public welfare 4
i9oo; 397,' § 2. ' of the place of settlement, upon the request of said board, and such 5
Mas. ah} ^^' transfer shall thereafter relieve the commonwealth from further liability 6
1919, 350, 5 87. for his maintenance. 7
1931, 209, § 1.
l°Zd^efc. Section 46. Boards of public welfare shall have the same powers as 1
1898' ill' 1 35- to children committed or transferred to their custody as are given to the 2
580, '§2 ' ' department as to ciiiidren in its custody; but in Boston the institutions 3
1903! 334, ' department shall ha\e the powers and duties conferred upon boards of 4
1919, 350, § 87. public Welfare by this and the preceding section. 5
1931, 209, § 2.
ajjudfrltk)'^. Section 47. The child, parent, guardian or person appearing in 1
i9oo;397; It behalf of such child, or the department, may appeal from the adjudica- 2
RL. 83. us. tioji of the court to the superior court sitting for civil business for the 3
§§6,'7. ' county where the hearing is held ; and if said parent, guardian or other 4
191?; 326; 5 2. person appearing on belialf of the child fails to furnisii the bail required 5
1919,350, 4 87. j^^^_ ^j^^ court before which such hearing is held, the child may be com- 6
mitted to the custody of the dei)artnient or placed in the care of some 7
suitable person or charitable corporation, pending determination of the S
Chap. 119.] proceedings against children. 1447
9 appeal. Such appeal shall he entered in the superior court by the court
10 from which the appeal is taken, without payment of an entry fee, and the
11 superior court may advance such complaint for speedy trial. The court
12 shall notify the cliild, parent, guardian or person appearing in behalf of
13 such child of the right of appeal.
1 Section 48. Whenever a child is before any court as a neglected pl^r^gin"'
2 child and has no attorney, any person may, with the court's consent, ^;;|j5'/^°'
3 act for him.
1912, 165.
1 Section 49. Super\-isors of attendance and members of boards of ^^'^rri"^,^ „(
2 public welfare shall, as often as they deem necessary, make diligent lH"'"^'""'^'
3 search throughout their respective towns for children under sixteen i904, 356, i l
4 sufl'ering want through poverty, privation or the neglect of their parents 1931; 209', 5 3. '
5 or guardians or other persons having them in charge, or from any cause
6 whatsoever.
1 Section 50. Where such children are found without parents or Same subject.
2 guardians, or in charge of such parents or guardians as such officers 1931! 209! § 4]
3 deem unfit to care for children by reason of mental incapacity, dissolute
4 habits or poverty, they shall provide for the temporary care of such
5 children until proceedings may be had against them, if necessary, under
6 sections forty-two to forty-seven, inclusive.
1 Section 51. Reasonable expenses incurred by such officers in fur- Expenses
2 nishing aid under the two preceding sections shall be paid by the town preceding
3 wherein the persons have legal settlements, or, if they have none, by the how'pald.
4 commonwealth, after approval by the department; and written notice {g^g; igo; 1 17.
5 shall be sent to the place of settlement or, if such persons have no settle- i^^i, 209, § 5.
6 ment, to the department as otherwise provided by law.
delinquent children.
1 Section 52. The following words as used in the following sections Definitions.
2 shall, except as otherwise specifically provided, have the following 489, '§ 4. '
3 meanmgs: 248 Mass. 482.
4 "Court", the Boston juvenile court or a district court, except the
5 municipal court of the city of Boston.
6 "Delinquent child", a child between seven and seventeen who vio-
7 lates any city ordinance or town by-law or commits an offence not pun-
8 ishable by death or by imprisonment for life.
9 "Probation officer", a probation officer or assistant probation officer
10 of the court having jurisdiction of the pending case.
11 "Wayward child", a child between seven and seventeen years of age
12 who habitually associates with vicious or immoral persons, or who is
13 growing up in circumstances exposing him to lead an immoral, vicious
14 or criminal life.
1- Section 53. Sections fifty-two to sixty-three, inclusive, shall be lib- Proceedings
2 erally construed so that the care, custody and discipline of the children deemed crim-
3 brought before the court shall approximate as nearly as possible that igoe, 413, § 2.
4 which they should receive from their parents, and that, as far as prac- 253 Mass. 244.
5 ticable, they shall be treated, not as criminals, but as children in need
1448 PROCEEDINGS AGAINST CHILDREN. [ClL\P. 119.
of aid, encouragement and guidance. Proceedings against children 6
under said sections shall not be deemed criminal proceedings. 7
jl^ff^f^^- Section 54. If complaint is made to any court that a child between 1
R L 86 5 15 seven and seventeen years of age is a wayward child or a delinquent 2
1906,' 413, §3.' child, said court shall examine, on oath, the complainant and the wit- .3
nesses, if any, produced by him, and shall reduce the complaint to 4
writing, and cause it to be subscribed by the complainant. 5
If said child is under fourteen years of age, said court shall first issue 6
a summons requiring him to appear before it at the time and place named 7
therein, and such summons shall be issued in all other cases, instead of a 8
warrant, unless the court has reason to belie\'e that he will not appear 9
upon summons, in which case, or if such a child has been summoned and 10
did not appear, said court may issue a warrant reciting the substance of 11
the complaint, and requiring the officer to whom it is directed forthwith 12
to take such child and bring him before said court, to be dealt with 13
according to law, and to summon the witnesses named therein to appear 14
and give evidence at the examination. 15
Parent or SECTION 55. If a child has been summoned to appear or is brought 1
guardian to 'ii'i i* j.*o
be summoned, before such court upon a warrant, as provided m the preceding section, Z
§M,'5. ' a summons shall be issued to at least one of its parents, if either of them 3
G.a'7^5*^§'§6?8; is known to reside within the commonwealth, and, if there is no such 4
l863.^39', Ts. parent, then to its lawful guardian, if there is one known to be so resident, 5
p^^'Iq^' ^^' ^id if not, then to the person with whom such child resides, if known. 6
ilsl^'no ^''^'*i summons shall require the person served to appear at a time and 7
1886! loi! § 4. place stated therein, and show cause why such child should not be ad- 8
R. l'. 86, ' judged a wayward child or delinquent child, as the case may be. If 9
i906!'4^i3, § 4. there is no such parent, guardian or person who can be summoned as 10
i93i; Im. ^ "" aforesaid, the court may appoint a suitable person to act for such child. 11
5 Allen, 609. jf g^^jj ^.jjjy jg summoned, the tinie for appearance fixed in the sum- 12
mons to a parent, guardian or other person, as herein provided, shall, 13
when practicable, be that fixed for the appearance of said child. 14
A summons required by this and the preceding section, unless service 15
thereof is waived in writing, shall be served by a constable or police 16
officer, by delivering it personally to the person to whom addressed, or 17
by leaving it with a person of proper age to receive the same, at the IS
place of residence or business of such person ; and said constable or officer 19
shall immediately make return to the court of the time and manner of 20
the service. 21
If the court shall be of opinion that the interests of the child require 22
the attendance at any proceedings of an agent of the department, and 23
shall request such attendance, such agent shall attend to protect the 24
interests of said child. 25
Ap^eiT'" Section 56. Hearings upon cases arising under sections fifty-two to 1
1916 243' 1 1" sixty-three, inclusive, may be adjourned from time to time. A child 2
192?! i8i', § i. adjudged a wayward child or ck'linciuent child may appeal to the su- 3
242Mas8.401. ■'. ^ ^ "' ,. ,. ^. , ', ,, ^ -i t- ^ t] 1
253 Mass. 244. pcrior court upou adjudication, and also may appeal to said court at tlie 4
time of the order of ct)mmitment or sentence in which e\ent the entire 5
case shall be before said court as if originally commenced therein, and 6
such child shall, at the time of such adjudication anil also at the time 7
of such order of commitment or sentence, be notified of his right to 8
appeal. The appeal, if taken, shall be entered, tried and determined in 9
Chap. 119.] proceedings against children. 1449
10 like manner as appeals in criminal cases, except that the trial of the said
11 appeals in tlic superior court shall not be in conjunction with the other
12 business of that court, but shall he held in a session set apart and de-
13 voted for the time being exclusively to the trial of juvenile cases. This
14 shall be known as the juvenile session of the superior court, and shall
15 have a separate trial list and docket. All juvenile appeal cases in the
16 superior court shall be transferred to this list, and shall be tried, unless
17 otherwise disposed of by direct order of the court. In any appeal case
18 the superior court, before passing sentence or before ordering other dis-
19 position, shall be supplied with a report of any in\'estigation thereon
20 made by the probation officer of the court from which the appeal was
21 taken. Section thirty-five of chapter two hundred and seventy-six and
22 section eighteen of chapter two hundred and seventy-eight, relative to
23 recognizances in cases continued or appealed, shall apply to cases aris-
2-4 ing under sections fifty-two to sixty-three, inclusive.
1 Section 57. Every case of a wayward child or a delinquent child bTprobati^n
2 shall be investigated "by the probation officer, who shall make a report Jf'^™;^^
3 regarding the character of such child, his school record, home surround- laoe. 4i3, § 7.
4 ings and the previous complaints against him, if any. He shall be
5 present in court at the trial of the case, and furnish the court with such
6 information and assistance as shall be required. At the end of the pro-
7 bation period of a child who has been placed on probation, the officer
8 in whose care he has been shall make a report as to his conduct during
9 such period.
1 Section 58. At the hearing of a complaint against a child the court ^,^j,"^'';^f^^'^°-
2 shall examine such child and any witnesses that appear, and take such '^^^^l^'^''"^-
3 testimony relative to the case as shall be produced. If the allegations is^iTsm,
4 against a child are proved, he may be adjudged a waj^vard child or de- p. s. sC
5 linquent child. r. l.'86,'§27.
6 If a child is adjudged a waj^vard child, the court may place him in \l°f |J| | f
7 the care of a probation officer for such time and upon such conditions Jo* ^asa. 492.
8 as may seem proper, or may deal with him in the manner provided for
9 the disposal of the case of a neglected child.
10 If a child is adjudged a delinquent child, the court may place the case
11 on file, or may place the child in the care of a probation officer for such
12 time and on such conditions as may seem proper. If it is alleged in the
13 complaint upon which the child is so adjudged that a law of the com-
14 monwealth has been violated, the court may, with the consent of the
15 department, authorize it to place such child in charge of any person, and,
16 if at any time thereafter such child proves unmanageable, to commit
17 such child, if a boy under fifteen years of age, to the Lyman school, if
18 a boy between fifteen and eighteen years of age, to the industrial school
19 for boys, or if a girl under seventeen years of age, to the industrial school
20 for girls, but not for a longer period than until such child becomes twenty-
21 one. The department may provide for the maintenance, in whole or in
22 part, of any child so placed in charge of any person.
23 The court may commit such delinquent child to any institution to
24 which it might be committed upon a conviction for such violation of
25 law, excepting a jail or house of correction, and all laws applicable to a
26 child committed upon such a conviction shall apply to a delinquent
27 child committed under this section.
1450
PROCEEDINGS AGAINST CHILDREN.
[Chap. 119.
Mental and
physical ex-
aminations
of children
before com-
mitment as
delinquents.
Reports.
1931. 215.
Section 58A. Prior to the commitnient, by way of final disposition 1
to any public institution or to the department, of a child adjudged to 2
be a delinquent child, the court shall cause such child to receive thorough .3
physical and mental examinations, under rules and regulations pre- 4
scribed by the commissioner of mental diseases. The court shall cause 5
copies of the reports showing the results of such examinations and of 6
the investigation made by the probation officer to be forwarded to the 7
superintendent of the institution to which such child is committed or 8
to the department, as the case may be, with the warrant of commitment. 9
Proceedings
upon violation
of terms of
probation.
Fines. Dis-
position, etc.
1906, 413, § 9.
Section 59. If a child has been placed in care of a probation officer, 1
said officer, at any time before the final disposition of the case, may arrest 2
such child without a warrant and take him before the court, or the court 3
maj' issue a warrant for his arrest. When such child is before the court, 4
it may make any disposition of the case which it might have made before 5
said child was placed on probation, or may continue or extend the period 6
of probation. 7
If the court finds that such child has violated the conditions of his 8
probation, it may impose a fine not exceeding five dollars, and if the 9
fine is not paid at once, in whole or in part, may order that said child 10
stand committed to a jail until the same is paid, but not exceeding five 11
days. Said court shall suspend the execution of said order and continue 12
the probation for such time as it fixes, unless in its opinion such child 13
will default. Said fine may be paid to the probation officer, whereupon 14
the order for commitment shall be void. If at the end of the period of 15
such suspension the probation officer reports that said fine is unpaid, IG
the court may extend such period, or place the case on file, or re\'oke the 17
suspension of the execution of the order of commitment. If the fine 18
or any part thereof is paid to the probation officer, he shall give a receipt 19
therefor, keep a record of the payment, pay the same to the clerk of the 20
court at its next session, and keep on file the clerk's receipt therefor. 21
pro«'e^i°ngs SECTION 60. A disposition of any child under sections fifty-two to
not admissible sixty-threc, inclusivc, or any evidence given in such case, shall not, in
as evidence . . .
except in cer- any proceeding, in any court, be lawful or proper evidence against such
i906!^4T3, § 10. child for any purpose, excepting in subsequent criminal proceedings, or
subsequent cases of delinquency or wajTvardness against the same child.
Commission of
criminal offence
by child.
Disposition of
case.
1906,413, § 11.
Section G1. If it be alleged in a complaint made under sections
fifty-two to sixty-three, inclusive, that a child has committed an offence
against a law of the commonwealth, or has violated a city ordinance or
town by-law, and the court is of opinion that his welfare, and the inter-
ests of the public, rer[uire that he should be tried for said ofl'ence or viola-
tion, instead of being dealt with as a delinquent child, the court may,
after a hearing on said complaint, order it dismissed.
Restitution
by child.
1906, 413, § 12.
Section 62. If, in adjudging a person a delinquent child, the court
finds, as an element of such deliiuiuency, that he has committed an act
involving liability in a civil action, and such delinciuent child is jilaced
on probation, the court may require, as a condition thereof, that he shall
make restitution or reparation to the injured person to such an extent
and in such sum as the coiu't determines. If the payment is not made at
once, it shall be made to the probation officer, who shall give a receipt
Chap. 119.] proceedings against children. 1451
8 therefor, keep a record of the payment, pay the money to said injured
9 person, and keep on file his receipt therefor.
1 Section 63. Any parent or guardian or person having the custody Parent or
2 or control of a waj^vard child or delinquent child, who shall be found to fnT^n'd"-""''
3 have knowingly or wilfully encouraged, aided, caused or abetted, or con- ^chSa^poLvLd.
4 nived at, or has knowingly or wilfully done any acts to produce, promote ['ggB".!';^';^ 13,
5 or contribute to the delinquency or waywardness of such child, may be i9i«. 243] § 4.
6 punished by a fine of not more than fifty dollars or by imprisonment for
7 not more than six months. The court may release on probation under
8 section eighty-seven of chapter two hundred and seventy-si.\', subject to
9 such orders as it may make as to future conduct tending to produce
10 or contribute to such delinquency or waywardness, or it may suspend
11 sentence under section one of chapter two hundred and seventy-nine, or
12 before trial, with the defendant's consent, it may allow the defendant to
13 enter into a recognizance, in such penal sum as the court may fix, con-
14 ditioned to comply with such terms as the court may order for the pro-
15 motion of the future welfare of the child, and the said case may then
16 be placed on file. The provisions for appeal and recognizance in section
17 fifty-six shall be applicable to cases arising hereunder. The Boston
IS ju\'enile court shall have jurisdiction, concurrent with the municipal
19 court of the city of Boston, of complaints hereunder.
1 Section 64. The board of probation may supervise the probation Powers of
2 work for waj^vard and delinquent children, and make necessary inquiries probatwii.
3 in regard to the same, and in its annual report may make such recom- Jg"!;; j^^f ^ "•
4 mendations as it considers advisable for the improvement of methods of i^^o, ivg, § 3.
5 dealing with such children.
provisions common to all proceedings against children.
1 Section 65. Courts shall designate suitable times for the hearing of f^^Xra
2 cases of children under seventeen years of age, which shall be called the ^j|1'^'''^|^- . 3
3 juvenile session, for which a separate docket and record shall be kept, ist?! 210! § 5.
4 Said session shall be separate from that for the trial of criminal cases, r.l. so, § le.
5 shall not, except as otherwise expressly provided, be held in conjunction 489!^'§*i.^' ^ ^'
6 with other business of the court, and shall be held in rooms not used for \llf_ l\f ^ "•
7 criminal trials; and in places where no separate juvenile court room is
8 provided, hearings, so far as possible, shall be held in chambers. No
9 minor shall be allowed to be present at any such hearing unless his
10 presence is necessary, either as a party or as a witness; and the court
11 shall exclude the general public from the room, admitting only such
12 persons as may have a direct interest in the case.
1 Section 66. A child under fourteen years of age shall not be com- Commitment
2 mitted to a lockup, police station or house of detention, to a jail or house houses of
3 of correction, to the state farm, or the house of correction at Deer island, re'guiated.' ^ ° "
4 pending an examination, in default of bail or for the non-payment of a fgjg; all; 1 3^'
5 fine, except as provided in sections fifty-nine and sixty-seven or upon ^gj i^|' | }5-
6 conviction of any offence not punishable by death or imprisonment for fgliY'^yVi*'
7 life; provided, that a boy twelve or over, arrested in the act of violating isbo! 440', § 3.
8 a law of the commonwealth, or on a warrant, may, in the discretion of r. l'. 86.V20.
9 the arresting officer, be committed to a lockup, police station or house igoei us', § 3.
10 of detention.
1452 PROCEEDINGS AGAINST CHILDREN. [ClIAP. 119.
Whenever a child under seventeen years of age has beeif committed to 11
a lockup, police station or house of detention, the probation officer and 12
at least one of his parents, or if there is no parent the person with whom 13
such child resides, shall be notified at once of said commitment. The 14
officer of the place of custody where such child is confined, on the written 15
request of the probation officer, shall release such child to him unless 16
the officer who made the commitment makes a written request for his 17
detention. Said probation officer shall notify such child of the time and 18
place of the hearing of his case. 19
Care of SECTION 67. A child Under fourteen held for examination or trial, 1
foreximina- or to prosccutc an appeal to the superior court, if unable to furnish bail 2
i870°359',''§'9. shall be committed to the care of the department or of a probation officer. 3
TssLm? ^^' The person to whose care he is committed shall provide for his safe 4
R L. 86, keeping and for his appearance at such examination or trial, or at the 5
iloe^'^s' 5 5 prosecution of his appeal. _ 6
1916! 24.3! § 1. A child fourteen years of age or over so held, if unable to furnish bail 7
1927! 22i! ■ shall be so committed to the department with its consent or to a proba- 8
284^'u.^' tion officer unless the court on immediate inquiry shall be of opinion 9
that, if so committed, such child will not appear at such examination or 10
trial, in which case said child may be committed to jail. 11
A child so committed to jail to await examination or trial by the 12
court shall be returned thereto within ten days after each such commit- 13
ment, and not more than twenty days shall elapse after the original 14
commitment before disposition of such case by the court, by adjudica- 15
tion or otherwise. Any child committed to jail under this section shall, 16
while so confined, be kept in a place separate and apart from all other 17
persons committed thereto who are seventeen years of age or over, and 18
shall not at any time be permitted to associate or communicate with 19
any other such persons committed as aforesaid, except when attending 20
religious exercises or receiving medical attention or treatment. 21
Said probation officer shall have all the authority, rights and powers 22
in relation to a child committed to his care under this section, and in 23
relation to a child released to him as provided in section sixty-six, which 24
he would have if he were surety on the recognizance of such child. 25
Superintendent SECTION 68. The Superintendent of the public schools in anv town, 1
of schools to 1 1 ■ 1 'IP * 1 I r»
furnish in- any tcachcr therem, and any person in charge oi any private school, or 2,
1906, 489,' § 8.' any teacher therein, shall furnish to any court from time to time any 3
1918^25 . information and reports requested by any justice thereof relating to the 4
i92o! 2. attendance, conduct and standing of any pupil under his charge, if said 5
pupil is at the time in charge of the court. 6
Proceeding to SECTION 69. If a Warrant is issued by a court or trial justice for a 1
ceration, etc. child's arrcst, or if a child between seven and seventeen years of age is 2
1908! 286! ' arrested without a warrant, as provided by law, in order to avoid the 3
m8^257, incarceration of the child, if practicable, the officer to whom said warrant 4
i92o! 2! i.'* delivered, or who has arrested the child without a warrant, may, unless 5
the court or trial justice issuing such warrant has otherwise directed in 6
the warrant, accept the written promise of the parent, guardian or person 7
with whom it is stated that saitl child resides, or any other reputable 8
person, to be responsible for the presence of said child in court at the 9
Chap. 119.] proceedings against children. 1453
10 time and place when the child is to appear, and at any other time to
11 which the hearinc; in the case may he continued or adjourned. Nothing
12 herein contained shall prevent the admitting of said child to hail, in
1.3 accordance with sections twenty-nine and thirty of chapter two hundred
14 and seventy-si.x.
1 Section 70. At any time during the pendency of any case before a P^^^n^^
2 court or trial justice against a child under seventeen years of age, whether otc , may be
3 pending adjudication or during continuances or probation or after the IgoVTiSI, \ i.
4 case has been taken from the files, the court or trial justice may summon
5 any parent or guardian of said child, or any person with whom the child
6 resides, in the manner provided in section fifty-five.
1 Section 71. If any person to whom a summons is issued under the Procedure
2 preceding section or section forty-two or fifty-fi\-e fails to appear in "„ appca"on
3 response to such summons, the court issuing the summons may issue a Ig^'^S'Ss, § 2.
4 capias to compel the attendance of such person, and such capias shall
5 be issued and served in the same manner as a capias to compel the at-
6 tendance of witnesses who have failed to appear on a subpoena issued
7 in behalf of the commonwealth in a criminal case.
1 Section 72. Courts may continue to exercise jurisdiction in their Jurisdiction
2 ju\-enile sessions o\-er children who become seventeen years of age or thrirTuveniie
3 who pass the age limit for bringing the kind of complaint or proceeding tmucTe't™"
4 before the court, pending adjudication on their cases, or during con- \l°l' f.]-
5 tinuances or probation, or after their cases have been placed on file, j^/g^j
6 Nothing herein shall authorize the commitment of any girl over seven- im 2.
7 teen years of age to the industrial school for girls, or give any court any
8 power or authority o\'er said children after they become eighteen years
9 of age, except that, on the revocation of the suspension of the execution
10 of a sentence or order of commitment, such sentence or order of com-
11 mitment may be executed, notwithstanding that the child sentenced or
12 ordered committed has passed the age limit for commitment to the
13 institution to which he was sentenced or ordered committed.
CRIMINAL proceedings.
1 Section 73. In criminal proceedings under the following sections, jurisdiction
2 district courts and trial justices may commit boys under fifteen years i847',"if;5, § 4.
3 of age to the Lyman school, boys between fifteen and eighteen years of Jggf; 200. ^ *'
4 age to the industrial school for boys, or girls under seventeen years of Jg°; |p; ^ ^•
5 age to the industrial school for girls, except that the Boston juvenile i|72. 358, § 1.
6 court shall, subject to the preceding section, commit no boy over seven- H/^' |jo^ 5 5.
7 teen years of age to the industrial school for boys. The municipal 2iuU. ^^j'
8 court of the city of Boston may commit boys over seventeen years of 1884,255, §ii:
9 age to the industrial school for boys.
R. L. 86, § 10. 1908, 639, § 3.
1 Section 74. Criminal proceedings shall not be begun against any Proceedings
, ., , , , « p J. s ix against chil-
2 child between seven and fourteen years of age, except tor ottences dren between
3 punishable by death or imprisonment for life, unless proceedings against fourt'een
4 him as a delinquent child have been begun and dismissed as required iSiel'lia, § u.
5 by section sixty-one.
7
1454 PROCEEDINGS AGAINST CHILDREN. [ChAP. 119.
wa?r^nt°*' SECTION 75. Upon Complaint against any child between seven and 1
i|55.442, fourteen years of age against whom {proceedings have been begun and 2
1859, 286, dismissed as required by section sixty-one or against any child between 3
OS. 75, fourteen and seventeen years of age for any offence not punishable by 4
II i7,*20^^' death or imprisonment for life, such court or trial justice shall examine, 5
ilea! 139,' on oath, the complainant and the witnesses produced by him, shall 6
1864.202, §2 reduce the complaint to writing and cause it to be subscribed by the 7
1870.359, complainant, and may issue a warrant reciting the substance of the 8
is7i', 365 ^ accusation and requiring the officer to whom it is directed forthwith to 9
358r'§ 4.' ' take the person accused and bring him before said court or trial justice, 10
§U8, 20, 32. to be dealt with according to law, and to summon such witnesses as 11
llsl'. 10?; § 4. shall be named therein to appear and give evidence on the examination. 12
R ^L. 86^' ^ ^*' The provisions of section fifty-five shall apply to proceedings under this 13
§§ 14, 17, 30. section except that the summons siiall require the person summoned 14
to show cause why the child should not be committed to the Lyman 1.5
school or an industrial school. 16
put'inSge Section 76. The court or trial justice before whom a child is 1
"^department, brought on a complaiut under the preceding section, upon request of 2
1870! 359! § lb. the department of public welfare, may authorize said department to 3
1876! 121! § 2. place him in charge of any person, or, if such child proves unmanage- 4
§§22^50. able, to commit the child, if a boy under fifteen years of age, to the 5
r^^l!!!?'!^! Lyman school, if a boy between fifteen and eighteen years of age, to 6
lOp.ro.Ms! the industrial school for boys, or if a girl under seventeen years of age,
to the industrial school for girls, until the child becomes twenty-one 8
years of age. Said department may provide for the maintenance, in 9
whole or in part, of any such child so placed in charge of a person. The 10
department may discharge from custody any child committed to its 11
care under this section. 12
^mnSmfnt, SECTION 77. At the time named in the summons, such court or 1
1855' 442' ^ *' trial justice shall examine the child and any person who appears in 2
8§4.'5. ' answer to the summons, and take such testimony relative to the case 3
286, '§§1,' 3. ■ as may be produced. If the allegations are proved, and it appears 4
76,^§/f8,\9! that the child is a suitable subject for the Lyman or industrial schools, 5
R's.'sg. and that his moral welfare and the good of society require that he 6
R.i^'8^6%22. should be sent thereto for instruction, employment or training, a war- 7
"(3*' A^ G MS ''■'^"t of commitment shall be issued in substance as follows : 8
Commonwealth of RL^ssachusetts.
(County) ss.
To the Sheriff of the County of or his Deputy, or any Constable or Police
Officer in said Cowily, and to the Superintendent of the School
for Boys [or Girls) at
Greeting:
Whereas, (name of person committed) of in the county of ,
a boy (or girl) between (seven and fifteen) (fifteen anil eighteen) (or seven and
seventeen, if a girl) years of age, has this day been brought before the
court of , by virtue of a summons (or warrant) issued to (against)
him (or her) on the complaint of of in the county of
, who therein, upon oath, says that said defendant, at
in the county of , on the day of in
the year of oiir Lord one thousand nine hundred and , was guilty
of as is more fully alleged in said complaint.
Chap. 119.] proceedings against children. 1455
And after hearing all matters and things concerning the same, and all persons
entitled thereto having been summoned and notified of the pendency of said com-
plaint, as required by law, it is adjudged by said court that said defendant is
guilty, and that he (or she) is of the age of years and months,
and is a suitable subject for the (Lyman school for boys) (or industrial school
for boys) (or industrial school for girls), and that his (or her) moral welfare and
the good of society require that he (or she) should be sent thereto for instruction,
employment and training; and it is thereupon ordered by said court that said
defendant stand committed to the (Lyman school for boys) (or industrial school
for boys) (or industrial school for girls) during his (or her) minority, or until he
(or she) bo discharged according to law.
You are therefore hereby required, in the Name of the Commonwealth of
IVLissACHUSETTS, to take the said defendant and him (or her) carry to the said
(Lyman school for boys) (or industrial school for boys) (or industrial school
for girls), and him (or her) deliver to the superintendent thereof, together with
an attested copy hereof, and thereafterward forthwith to return this warrant
with your doings thereon into said court.
And you, the superintendent of said school, are alike required to receive said
defendant into your custody in said school, and him (or her) there safely keep for
instruction, employment, discipline and training until the expiration of said
term of his (or her) minority, or he (or she) be discharged according to law.
Witness, at said this day of
in the year of our Lord one thousand nine hundred and
Clerk.
A true copy.
Attest :
(Constable of )
(Sheriff of )
9 No variance from said form shall be considered material if it suffi-
10 ciently appears upon the face thereof that the child is committed by the
11 court or trial justice in tlie exercise of the powers conferred by this
12 chapter. The warrant may be executed by any officer qualified to
13 serve civil or criminal process in the county where the case is heard.
14 Accompanying the warrant, the court or magistrate shall transmit to the
15 superintendent, by the officer serving it, a statement of the substance
16 of the complaint and testimony given in the case, and such other partic-
17 ulars relative to the child committed as can be ascertained. In commit-
18 ments in proceedings under sections fifty-two to sixty-three, inclusive,
19 the word "delinquent" shall be substituted for the word "guilty".
1 Section 78. The court or trial justice shall certify in such warrant warrant to
2 the age of such child in years and months as near as can be ascertained, tiScate of
3 and the place where he resided at the time of arrest; and such certifi- ?fs1d"nce.
4 cate, for the purposes of this chapter, shall be conclusive evidence of F858,'25.
5 his residence.
1859, 286, § 1. P. S. 89, § 24. 146 Mass. 489.
G. S. 76. § 19. R. L. 86. § 23.
1 Section 79. If a cliild previously committed to the Lyman school, J^"^*°itn°ent.
2 industrial school for boys or industrial school for girls is again brought ^**|'7|^5\o-
3 before a court or trial justice upon any such complaint, the case may ve, §22.'
4 be examined and a warrant issued for a recommitment of such child r. l. se, §25.
5 without issuing the summons required by section fifty-five.
1908, 639, § 3.
1 Section 80. If a child found guilty by a court or trial justice is sentence, etc.,
2 not considered a fit subject for the LjTnan school or the industrial school committed to
3 for boys or the industrial school for girls, he shall be sentenced or bound school? etc.
1456
[Chaps. 119,120.
1859, 2S6, § 3.
G. S. 76, § 23.
1872, 68. § 5.
Appeal.
1855, 442, § 7.
1859, 286, § 2.
G. S. 75, § 12;
76, § 24.
P. S. 89, § 30.
R. L. 86, § 28.
1908, 639, § 3.
Warrants by
trial justices
for commit-
ment of girls
to be returned
to superior
court.
over to appear before the superior court according to the usual course 4
of criminal proceedings. 5
p. S. 89, § 27. R. L. 86, § 26. 190S, 639, § 3.
Section 81. A child ordered committed to the Lyman school or 1
mdustrial school for boys or the industrial school for girls, by authority 2
of section seventy-three, or sentenced under the preceding section, 3
may appeal to the superior court, and the appeal .shall be there entered, 4
tried and determined in like manner and subject to like provisions as 5
appeals from trial justices in criminal cases. 6
Section 82. Warrants issued by trial justices for the commitment 1
of girls to the industrial school for girls may be returned to the clerks 2
of the superior court, and fees thereon shall be allowed in the same 3
manner as expenses in criminal proceedings. 4
1861, 116. P. S. 89, § 31. R. L. 86, § 29.
Sentences in
superior court.
Procedure.
1859, 170, § 3;
286, § 4,
G. S. 76, § 26.
1863, 139, § 1.
1864, 202, § 1.
1872, 68, § 5.
P. S. 89, § 34.
R. L. 86, I 32.
1908, 639, § 3.
1931, 208.
Section S3. A boy between seven and eighteen convicted in the 1
superior court of an offence punishable by imprisonment other than 2
imprisonment for life may be committed to the Lyman school if under 3
fifteen years of age, to the industrial school for boys if between fifteen 4
and eighteen years of age, or to such punishment as is otherwise pro- 5
vided by law. Upon a commitment under this section, the statement 6
and certificate required by sections seventy-seven and seventy-eight 7
shall be made and transmitted as therein provided. 8
CHAPTER 120.
MASSACHUSETTS TRAINING SCHOOLS.
Sect.
1.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
11.
Trustees corporation to hold trust
funds, etc.
Control of all industrial schools.
Election of superintendent and phy-
sician for each school, etc.
Rules and regulations, etc.
Instruction of boys and girls.
Visits to schools. Annual reports.
Powers of superintendents.
Bond and accounts of superintend-
ents, etc.
Rogers fund.
Contracts by superintendents. Suits
not to abate by reason of vacancy,
etc.
Revision of sentence in certain cases.
Escape or breach of parole. Arrest.
Term of detention. Discharge.
Transfers from one school to another,
etc.
Sect.
15. Transfers from Massachusetts re-
formatory, etc.
16. Transfers to Massachusetts reforma-
tory, etc.
17. Custody of boy or girl transferred
under § 16.
18. [Repealed.]
19. Corporal punishment in Lyman school
regulated.
20. Discharge.
21. Parole. Placing children.
22. Trustees maybe guardians of children.
23. Savings by children on parole.
23A. Disposition of such savings if un-
claimed. Records.
24. Expenditure of gifts by trustees.
25. Children committed by United States
courts.
26. Aiding in escape penalized.
Trustees cor-
{)oration to
loUl trust
funds, etc.
1848, 305.
Section 1. The trustees of the Massachusetts training schools, in 1
this chapter called the trustees, shall be a corporation for the jnirpose 2
of taking, holding and investing in trust for the commonwealth, subject 3
Chap. 120.] Massachusetts training schools. 1457
4 to section fifteen of chapter ten, any grant or devise of land or any gift or isse, 63.
5 bequest made at any time for the use of any institution of which they are istV, 291, § 8.
6 trustees and they shall succeed to and retain the rights, powers and duties r. l. mi. \V.
7 formerly held or acquired by the board of trustees and treasurers of the jiJog; 539 5 j
8 state reform and state industrial or state primary schools e.xcept as pro- Ij^l*"^'
9 vided in said section.
3 Op. a. G. 452.
1 Section 2. The trustees shall have the management, government Control of aii
2 and care of the LjTnan school for boys at Westborough, the industrial schools'
3 school for girls at Lancaster, the industrial school for boys at Shirley, isssilw! §§'i,
4 and of all other institutions, except the Massachusetts reformatory, Qg 75 § j.
5 supported by the commonwealth for the custody, care and training of ^l^,,^ 'ggi 5 s
6 delinquent or wayward children or juvenile offenders, and of all children fool ^I'o^',
7 committed thereto.
R. L. 86, §1. 1908, 639, §1. 1911, 566, § 1. lOp. A. G.96.
1 Section 3. They shall annually elect a superintendent and a phy- Election of
2 sician of each of said schools. The superintendent of each school shall, lnffphys"cian*
3 with the approval of the trustees, appoint the other officers. etc."'"''' ^''''°°''
1847, 1B5, § 2. 1879,291,5 10. 1908, 039, § 5.
1855, 442, § 2. P. S. 89, § 2. 1911, 566, 5§ 1, 3,
G. S. 75, § 2; 76, §4. R. L. 86, §2. 1931, 301, § 90.
1 Section 4. They shall have the control of the land and buildings of ^uies and
2 said schools. They shall take charge of the general interests of each insti- etc
3 tution. Thev shall establish rules, regulations and by-laws for its govern- 1855! 442! § 2.
4 ment, for the direction of its officers and the instruction and discipline 76,"§§3,'4 '
5 of its inmates, and they shall see that its affairs are conducted accord- p^a'sg,'!*^
6 ing to law and to such rules, regulations and by-laws, and that strict {^os' 639 S'^5
7 discipline is maintained therein. They shall provide employment, edu- 5?Y'|^^'
8 cation and training for the inmates and parole, discharge or remand
9 them as provided in this chapter. They shall exercise a vigilant super-
10 vision over the institutions, their officers and inmates, and prescribe
11 the duties of the officers. The rules, regulations and by-laws may be
12 amended by the assent of seven trustees at a legal meeting; but no
13 amendment shall be valid until approved by the governor and council.
1 Section 5. They shall cause the girls and boys under their charge instruction of
2 to be instructed in piety and morality, and in the branches of useful I'slf^'es,*'^^'!.'
3 knowledge adapted to their age and capacity; and in some regular course Q^g' yl^s 20'
4 of labor or trade, either mechanical, manufacturing, agricultural or ^6, § 5^ ^
5 horticultural, for the boys; or mechanical, manufacturing or horticul- r.l. 86.54.
6 tural, and especially in domestic and household labor and duties, for the ignl 566!
7 girls; or a combination of these, as may be best suited to their age, " • '
8 strength, disposition and capacity; and in such other arts, trades and
9 employments as may seem to the trustees best adapted to secure their
10 reformation, amendment and future benefit.
1 Section 6. One or more of the trustees shall visit each school at visits to
2 least once in every two weeks. At such time the girls and boys shall be Annual'
3 examined in the school rooms and workshops and the registers and i847?i65, s 15.
4 various departments shall be inspected. A record shall be kept of these Hsf; to^'}'^^'
5 visits in the books of the superintendents. Once in every three months, }3^s,li^\\l\
6 each school in all its departments shall be thoroughly examined by a 7|^^§ 7.^^ ^
1458
MASSACHUSETTS TRAINING SCHOOLS.
[Chap. 120.
p. S. 89. § 10.
R. L. S6. § S.
190S, 639. 5 6.
1911. 154;
566. §§ 1. 3.
1913, 295.
1919, 350,
5§ 8, 87.
majority of the tru.stees, and a report thereof made to the trustees. On
or before January first of each year or as soon thereafter as possible, the
trustees shall make to the commissioner of public welfare a written report
summarizing the affairs of the institutions in their charge for the preced-
ing fiscal year including full reports of the superintendents, such inven-
tories as the institutions under their supervision are required by law to 12
make, and such recommendations for legislation as they may have. 1-3
The commissioner shall make an annual report covering these matters. 14
8
9
10
11
Powers of SECTION 7. The Superintendent of each school with the subordinate
superintend- ^^^^^^ ^^^^ j^j^^.g general charge and custody of the inmates thereof.
1855; 442: 1 20. He shall be a constant resident at the school, and, under the direction
76,^iF' ^ ^^' of the trustees, shall discipline, govern, instruct and employ and use his
rlIV§"' best endeavors to reform the inmates in such manner as shall, while
i908.639^y. preserving their health and promoting their proper physical de\-elop-
226!* ■ ■ ' ment,- secure the formation of moral, religious and industrious habits,
and of regular and thorough progress and improvement in their studies,
trades and emplojTnents.
Bond and
accounts of
superintend-
ents, etc.
1847. 165. § 11.
1855. 442. § 21.
G. S. 75, § 22;
76, § 9.
P. S. 89, § 12.
R. L. 86. § 7.
190S. 639, § 6.
1917. 18.
1920. 546. § 4.
1923, 362, § 69.
Rogers fund.
1857. 215.
G. S. 75, § 22.
P. S. 89. § 13.
R. L. 86, § 8.
Section 8. Each superintendent shall before entering upon his duties 1
give bond to the commonwealth, with sureties appro\-ed by the go\ernor 2
and council, in such sum as the comptroller may prescribe, conditioned 3
that he shall faithfully perform all his duties and account for all money 4
received by him as superintendent. The bond shall be filed in the office 5
of the state treasurer. Each superintendent shall have charge of all the 6
property of the institution within the precincts thereof. He shall keep 7
accounts of all his receipts and expenditures, and of all property intrusted 8
to him, showing the income and expenses of the institution; and shall 9
account to the trustees, in such manner as they may require, for all money 10
received by him. His books and all documents relative to the school shall 11
at all times be open to the inspection of the trustees. He shall keep a 12
register, containing the name, age and circumstances connected with the 13
early history of each girl or boy, and shall add such facts as come to his 14
knowledge relative to her or his history while at the institution, and after 15
leaving it. 16
Section 9. The superintendent of the industrial school for girls, 1
under the direction of the trustees, shall purchase books with the income 2
and profits and according to the terms of the donation of Henry B. 3
Rogers. ■i
Contracts by
superintend-
ents. Suits
not to abate
by reason of
vacancy, etc.
1847, 165, § 12.
1855, 442, § 22.
G. S. 75, § 23;
76, § 10.
P. S. 89, § 14.
R. L. 86, § 9.
1908, 639, § 6.
1923, 362, § 70.
Section 10. Each superintendent shall make all contracts on account
of his institution, except those required to be made by the state pur-
chasing agent, in writing, with the approval of the trustees if their
rules, regulations or by-laws require it; and he or his successor may sue
or be sued thereon to final judgment and execution. No suit shall
abate by reason of the office of superintendent becoming vacant, but
any successor in office may take upon himself the prosecution or defence
thereof; and upon motion of the adverse party and notice he shall be
required so to do.
1
2
3
4
5
()
I
8
9
Section 11. If within thirty days after the order of commitment 1
of a boy to the Lyman school or the industrial school for boys, or of a 2
r.*'l. 8o?'5 u: giri to the industrial school for giris, the trustees have reason to believe 3
Revision of
srntcnro in
rcrttiin cases.
Arrest.
1907, 362.
Chap. 120.] Massachusetts training schools. 1459
4 tliat at the time of such onier a hoy, if committed to the Lyman school, 5'.,',^; -"'''
5 was more than fifteen, or if committed to the industrial school for boys, '^i"' ?■
6 was more than eighteen, or a girl was more than seventeen, they may
7 apply to the court of commitment for a revision of the order, and if the
8 court finds that the boy or girl was over the maximum age for com-
9 mitment to such school, it shall make such order as should have been
10 made.
1 Section 12. A boy committed to the Lyman school or to the indus- Escape or
2 trial school for boys or a girl committed to the industrial school for girls, parole' "^
.3 who has escaped therefrom, or been released on parole and broken the
4 conditions thereof, may be arrested without a warrant by a sheriff, ^^i*' ^^^
5 deputy sheriff, constable or police officer and may be kept in custody in
6 a suitable place and there detained until such boy or girl may be removed
7 to the school from which he or she escaped or was released.
1 Section 1.3. All boys and girls committed to the Lyman school, the Term of
2 industrial school for boys or the industrial school for girls shall be there Discharge.
3 kept, disciplined, instructed, employed and governed, under the direction ^'l^s.'y.^^'
4 of the trustees, until they become twenty-one or are paroled, legally is'^s'n'ia
5 transferred or discharged. The trustees may grant an honorable dis- e^l'lf^sla:
6 charge to any person in their custody who, in their opinion, for merito- 76, § 27.'
7 rious conduct is worthy and deserving thereof, and whom they believe 1864! 290!
8 permanently reformed. The court of commitment shall be so notified 1 895, 42s; § 4.
9 in writing and thereupon shall make an entry to the foregoing effect in fgog; 639,^^6.'
10 its records concerning this particular person. If a person is honorably '^^^' ^^^- ^ '•
11 discharged by the trustees or becomes twenty-one, he shall be completely
12 released from all penalties or disabilities incurred in consequence of
13 commitment.
1 Section 14. The trustees may transfer any boy from the Lyman Transfers from
2 school for boys to the industrial school for boys or vice versa. The anot'her?etc°
3 department of public welfare may transfer boys between fifteen and \IqI\ 472! § t
4 eighteen in its custody to the industrial school for boys.
1911, 566, §§ 1, 3. 1919, 350, § 87. 1931, 426, § 22. 1 Op. A. G. 182, 273.
1 Section 15. With the consent of the trustees the commissioner of Ji™'^"^^™!^
2 correction may transfer to the industrial school for boys any boy under reformatory,
3 seventeen sentenced to the Massachusetts reformatory, or to the indus- lods, 639, § 4.
4 trial school for girls any girl under seventeen sentenced to the reforma- §51,' 3.^*'
5 tory for women.
1916, 241, § 1. 1918, 100. 1919, 350, § 83.
1 Section 16. The trustees may transfer any person committed or Transfers to
2 transferred to the industrial school for boys or to the Lyman school for reformatory!'^
3 boys, still in the custody of said trustees, who has proved unmanageable jgeg, jgg, 5 g.
4 or an improper person to remain in either of the said institutions, to the }g|^; l^^ 5 3
5 Massachusetts reformatory; and in the same way may transfer any g9''5 47'^^°'
6 person committed or transferred to the industrial school for girls, still isk, 255, § 13.
7 in the custody of the trustees, to the reformatory for women. Upon r. l'. 84, '§ 9; '
8 application by the trustees, the commissioner of correction may trans- iSos, eso,'
9 fer any inmate of any of the foregoing schools, whom the trustees con- iln, 506,
10 sider incorrigible or an unfit subject for said schools, to the state farm, ||i5,n3, 52.
1460
MASSACHUSETTS TRAINING SCHOOLS.
[Chap. 120.
100.
199; 350,
1918.
1919,
§83.
254 Mass. 342.
there to be held on the mittimii.s until the term of sentence expires, but 11
the commissioner may return such person with the mittimus to the 12
school from which such transfer was made, when in his judgment the 13
object of such transfer has been accomplished. Any person transferred 14
under this or the two preceding sections shall be accompanied by all 15
mittimuses and processes, a copy of the medical report, and a written 16
statement covering the history and conduct of the person, and the cir- 17
cumstances of the person's home, so far as they can be ascertained. 18
Custody of
boy or girl
transferred
under § 16.
1908, 639, § 3.
1918, 257,
§ 306.
1919, 5.
1920, 2.
Section 17. The legal custody for the remainder of his or her mi-
nority of any boy or girl transferred to the Massachusetts reformatory
or to the reformatory for women by the trustees is thereby surrendered
by them, and shall thereafter be in the institution to which the transfer
has been made.
Section 18. [Repealed, 1923,' 245, § 2.]
Corporal pun-
ishment in
Lyman school
regulated.
1877, 233.
P. S. 89, § 36.
R. L. 86, § 34.
1911, 489.
Section 19. Corporal punishment shall be permitted in the Lyman 1
school only under such rules and regulations and by such modes as shall 2
be prescribed by the trustees. No such punishment shall be inflicted 3
except by the direction of the superintendent or assistant superintendent 4
in charge, to whom the offence shall be reported, and who shall designate 5
the nature and extent of punishment to be inflicted. In every case of 6
such punishment, a record of the offence and the mode and extent of 7
the punishment shall be made and presented to the trustees at their next 8
meeting. Such punishment shall not be inflicted until the expiration of 9
twenty-four hours after the same has been authorized as aforesaid, and 10
no inmate shall be subjected to such punishment more than once in one 1 1
day. 12
Discharge.
1855, 442.
G. S. 75, §
P. S. 89, §
1889, 123.
R. L. 86. ?
1908, 639,
1911, 566,
HI, 3.
lOp.A. G
305.
§ 12.
14.
45.
44.
§3.
273,
Section 20. The trustees may discharge and return to his parents, 1
guardian or protector any boy who, in their judgment, is physically or 2
mentally unfit to remain in the Lyman school or industrial school for 3
boys, and they shall discharge and return to her parents, guardian or 4
protector, any girl who, in their judgment, ought for any cause to be re- 5
moved from the industrial school for girls. In such case the trustees 6
shall make an entry upon their records of the name of such boy or girl, 7
the person to whom he or she was returned, the date when he or she was 8
discharged from the custody of the school and a statement of the reasons 9
for his or her discharge. They shall forthwith transmit to the court of 10
commitment a copj' of such record signed by their secretary. 11
Parole.
Placing
children.
1895, 428,
§§ 3, 4.
R. L. 86, '
5 36.
1904, 363,
§2.
1908, 639,
§3.
1911, 566,
55 1,3.
1919, 350,
§ 87.
195 Mass.
187.
1 Op. A. G
.112,
226.
Section 21. They may release on parole, and may, subject to section 1
eighteen of chapter one hundred and twenty-one, place children in their 2
custody in their usual homes or in any situation or family which has been 3
investigated and approved by the trustees. They may employ agents for 4
investigating places and for visiting children, and immediately on placing 5
such children siiall give notice to the department of jiublic welfare of the 6
name of each child so placed and of the name and residence of the person 7
to whose care he is intrusted. They may, at any time until the expira- 8
tion of the period of commitment, resume the care and custody of chil- 9
(iren released on parole and rec;ill them to the school to which they were 10
originally committed; and the trustees shall place children in families or 11
Chap. 120.] Massachusetts tr.\ining schools. 1461
12 homes of the religious belief of such children, but, if this be impracticable,
13 then clue regard sliall he had to the locality, and, if practicable, the home
14 shall be such that the chiklren shall have the opportunity to attend re-
15 ligious -worship of their own belief.
1 Section 22. Thev mav act as guardians for anv bov or girl in their Trustees may
2 charge under twenty-one who has neitlicr parent livnig nor guardian, with of r-hii.inn.
3 all tiie power and authority conferred by chapter two hundred and one, \lti:l] Ui[ | 2*'
4 except that when a guardian is appointed, the powers herein conferred r.l.Ig.^^.
5 shall cease.
1915, 113, § 3.
1 Section 23. The trustees shall make earnest efforts to induce boys savings by
2 and girls, in their charge on parole, to save some portion of their earnings parole'!
3 which, under the direction of the trustees, shall be jjlaced in savings }924; 78^' ^ *'
4 banks or savings departments of trust companies and held by them for
5 the benefit of the ward, or when deemed necessary, expended in his be-
6 half, or by direction of the trustees applied on liabilities incurred by
7 him. Unless a different agreement is made by the trustees with the
8 ward, these deposits shall be paid to him when he becomes twenty-one,
9 or to his legal representatives if he dies at any time before such pay-
10 ment.
1 Section 23A. Annuallv on or before November thirtieth, the trus- Disposition of
' 1-1 1 1 1 u il such savings
2 tees shall pay to the state treasurer all unclaimed money held by tnein if unclaimed.
3 under the provisions of the preceding section or otherwise for the benefit i92T2ii, § i.
4 of any former ward of the trustees whose whereabouts are then unknown
5 to them and have been unknown for seven years subsequent to his be-
6 coming of age. At the time of so paying over any such money, the
7 trustees shall certify to the comptroller the amount of such money then
8 held for the benefit of each former ward, his full name, age, if known,
9 and last known address, the names of his parents, if known, and such
10 further information as they deem relevant; and said comptroller shall
11 make and keep a record thereof.
1 Section 24. They may expend any money given for the purpose in Expenditure of
2 erecting houses or other buildings on the land of the commonwealth at flnateL
3 Lancaster, for increasing the accommodation of the industrial school, p.l.'gl;!!!;
4 if the plans therefor are first approved by the governor and council. ^ ^- ^'^' ^ "■
1 Section 25. The provisions of this chapter relative to the Lyman children com-
2 school, industrial school for boys or industrial school for girls shall extend united .states
3 to boys and girls committed by authority of the courts or magistrates of isoe!^^?!.
4 the United States.
p. S. 89, § 37. 1887, 426, § 2. R. L. 86, § 35. 1908, 039, § 3.
1 Section 26. Whoever aids or assists an inmate of the Lyman school, -^^^^^^ '■>
2 industrial school for boys or industrial school for girls to escape or at- ^^if^f^-^
3 tempt to escape shall be punished l)y a fine of not more than five hundred § sol
4 dollars or by imprisonment for not more than two years.
1919, 5. 1920, 2.
1462 POWERS AND DUTIES OF DEPARTMENT OF PUBLIC WELFARE, ETC. [CuAP. 121.
CHAPTER 121.
POWERS AND DUTIES OF THE DEPARTMENT OF PUBLIC WELFARE,
AND THE MASSACHUSETTS HOSPITAL SCHOOL.
Sect.
1. Definitions.
POWERS AND DUTIES OP DEPARTMENT.
2. Certain powers and duties of the com-
missioner.
3. Certain powers and duties of the ad-
visory board. Meetings.
4. Rules, etc.
5. Commissioner and advisory board
may assume certain duties of
trustees of institutions, if governor
so directs.
6. Supervision of state institutions, etc.
7. Visitations.
8. Duties relative to certain state
charges.
9. Interinstitutional transfers.
10. Removal of certain persons to places
of settlement.
11. Names and history of such persons to
be recorded, etc.
12. Removal of infected persons, etc.
13. .Admission to the state infirmary of
persons affected with certain incur-
able diseases. Expense of main-
tenance, how paid.
14. Inmates of institutions, correspond-
ence with department, etc.
15. Sick juvenile offenders may be sent
to state infirmary.
16. Annual visits to children placed out,
etc.
17. [Repe£ilcd.]
18. [Repealed.]
19. [Repealed.)
20. Advice to persons conducting wayfar-
ers' lodges or public lodging houses.
21. Reports of officers of such lodges
and houses.
22. Annual report.
BOARDING HOMES FOR AGED PERSONS.
22A. Boarding homes for aged persons
defined and regulated. Penalty.
Sect.
duties relative to homesteads.
Duties.
Taking, etc., and development of
land.
Sale of such land. Disposition of
proceeds.
Suggestions to planning boards, etc.
Annual report.
23.
24.
25.
26.
27.
MASSACHUSETTS HOSPITAL SCHOOL AND
HOSPITAL FOR STATE MINOR W.4RDS.
28. Management of Massachusetts hos-
pital school.
Powers and duties of trustees.
Appointment of officials and assist-
ants.
Admissions, payment of charges for
support of eliildren, etc.
Inspection of school. Annual report.
Treasurer's accounts open to inspec-
tion by trustees.
Hospital for state minor wards.
Management of hospital. Admission
of patients.
Use of land, buildings and farm prod-
ucts by hospital and school.
Patients not to be sent to hospital till
sufficient accommodations are pro-
vided.
29.
30.
31.
32.
33.
34.
35.
36.
38.
39.
40.
41.
42.
GENERAL PROVISIONS.
Approval of certain plans, and ad^-ice
to boards of public welfare, etc.
Forms for statistical returns.
Trustees of institutions to make an-
nual inventory.
Banks to give information as to de-
posits. Penalty.
Approval and payment of accounts
against commonwealth on account
of certain poor, sick and dependent
persons.
Definitions.
1914, 606, § 1.
1927, 45.
Section 1. The following words as used in this chapter shall have
the i'ollowini; meanings:
"Board", the advisory board of the department of public welfare.
"Commissioner", the commissioner of public welfare.
"Department", the department of public welfare.
" Public lodging house", every building not licensed as an inn, having
a capacity for housing ten or more persons, where persons are lodged
without charge or at the rate of fifty cents or less for a day of twenty- S
four hours, or in return for any work, service or ^•;^lue rendered. 9
Chap. 121.] powders and duties of department of public welfare. 1463
10 "Wayfarers' lodge", every building, lodge, enclosure or establish-
11 ment, whether under public or private management, where wayfarers,
12 tramps, wanderers, needy persons or persons out of work are habitually
13 fed or provided witli a place to sleep.
POWERS and duties OF DEPARTMENT.
1 Section 2. The commissioner shall have charge of the administra- Certain
2 tion and enforcement of all laws which it is the duty of the department Sutierorthe
n . 1 • * i J e commissioner.
3 to admmister and enforce.
1919, 350, § 89.
1 Section 3. The board shall assist the commissioner in the work of powe"rs"and
2 the department. It shall keep informed of the public interests with ^^^.^^"J ""^
3 which the department is charged, and of the administration thereof, board.
^ , . . . ... .1 ..I MeetinEs.
4 shall study and mvestigate questions arising in connection therewith, i9i9, 350, § 90.
,5 and shall consider, formulate and recommend such proposals as may
6 seem feasible for the furtherance of the work of the department and of
7 the public welfare. It shall advise with the commissioner concerning
8 the policies of the department, and shall make recommendations concern-
9 ing the service or administration of any division thereof. The board
10 shall meet at least once a month, and at such other times as it may
11 determine by its rules, and when requested by the commissioner or by
12 any three members.
1 Section 4. The commissioner may prepare and present for the Ruies.^etc.
2 approval of the board rules and regulations governing the conduct of isToiMK § ?!
3 the department and any action which may legally be taken under its r. l 's4,\^3.
4 authority, and such rules and regulations shall take effect upon approval ^^^^' ^^°' ^ ^*-
5 by a majority of the board, and at such time as it by vote shall fix. Any
6 person objecting to any such rule or regulation may submit his objec-
7 tion to the commissioner, in writing, who shall refer the same to the
8 board, which may hear the said person and revise, amend or affirm the
9 rule or regulation. At least once in each year the question of revising
10 the rules and regulations of the department shall be brought before the
1 1 board by the commissioner at a regular meeting. Rules and regulations
12 effective under the provisions of this section may be revised, amended
13 or annulled in the same manner in which they were originally adopted.
1 Section 5. When so directed by the governor the commissioner and and'a'dvfs™r
2 board may assume and exercise the powers and perform the duties of ^°^'l[^"J'p^.
3 the board of trustees of any institution under the supervision of or tain duties
. ^ , . -^ of trustees of
4 placed in the department, in any matter relative to the management institutions,
5 and control thereof, except in case of trust funds vested in any board soXIcts°
G of trustees.
1879, 291. § 4. 1901, 291. 1908, 598.
P. S. 79, § 2. R. L. 84, § 2. 1919, 350, § 93.
1898, 433, § 24. 1904, 446, § 12.
1 Section 6. The department shall have general supervision of the supervision
2 state infirmary, the Lyman school for boys, the industrial school for "nstifutions,
3 girls, the industrial school for boys, and the Massachusetts hospital fg^gg jgg 5 3.
4 school; and may delegate any of its powers and duties to and execute 55^!; |^^'
5 any of its functions by agents appointed for the purpose.
p. S. 79. § 2. 1898, 433, § 24. 1907, 226.
1884, 323, § 1. 1901, 291. 1908, 598; 639, § 6.
1887, 264. R. L. 84. § 2. 1919, 350. § 87.
1895, 428. §§ 1,2. 1904, 446, § 12. 20p.A.G.194.
1464
POWERS AND DUTIES OF DEPARTMENT OF PUBLIC WELFARE. [ChAP. 121.
Visits
1851,
itions
342,
i.
§2.
G. S.
71, !
i3.
1870.
359,
Ml,
2.
1877,
195,
§2.
1879,
291,
§§1.
3, 5.
P. S.
79, § 5,
1897,
374,
§3.
1898.
396,
§2.
1900,
215.
R. L.
81,
§4;
84, § 5.
1905,
285.
1909,
379.
1914,
606,
§2.
1919,
350,
§87.
192S,
155,
§ 34.
Section 7. The department shall, at least once a year, visit all 1
places where persons who have no legal settlement are supported, and 2
ascertain from actual examination and inquiry whether the laws relative 3
to such persons are properly observed, particularly in relation to such 4
as are able to labor; and shall give such directions as will insure correct- 5
ness in the returns required in relation to persons aided; and may use 6
necessary means to collect information relative to their support. It 7
shall visit the state infirmary and the Lyman school for boys, for the 8
purpose of inspection, at least once a month, and, by women appointed 9
for the purpose, may at all hours of the day or night have access to the 10
portions of said infirmary occupied by the women or children there 11
maintained at public expense, and may require from the officers of said 12
institutions information concerning the condition and treatment of the 13
inmates. It shall visit all infirmaries maintained in towns. It shall 14
visit and inspect, at least once a year, every wayfarers' lodge and every 15
public lodging house in the commonwealth, and for this purpose may 16
enter upon any premises where such lodge or lodging house is maintained 17
at any time of the day or night. It shall upon the request or with the 18
consent of a charitable corporation which, under section twelve of chap- 19
ter one hundred and eighty, is required to make an annual report to 20
said department, at least once a year, visit and inspect the institution 21
or investigate the work of such corporation. It may visit and inspect 22
all places where persons are supported in families by towns. 23
Duties rela-
tive to cer-
tain state
charges.
1867, 209, § 4.
P. S. 79, § 4.
1898, 433, § 24.
U. L. 84, § 4.
1909, 208.
1919, 350, § 87.
1928. 155, § 35.
1931, 256, § 1.
Section 8. It shall ascertain whether any inmates of state institu- 1
tions under its supervision have settlements in the commonwealth, and 2
shall cause laws relative to the support by towns of sane state charges 3
to be enforced, and may prosecute cases of illegitimacy if the mother has 4
no settlement in the commonwealth. It shall also prepare, and annually 5
mail, on or before April first, to the clerk of the board of public welfare 6
of each town, a form for returns to be made by such boards under sec- 7
tions thirty-three and thirty-four of chapter one hundred and seventeen, 8
and from said returns it shall prepare tables of persons supported by 9
towns. 10
Interinstitu-
tional transfers.
18.")9, 255.
G. S, 71, §7.
1863, 240, § 4.
1872, 45, § 3.
1879, 291, § 3.
P. S. 79,
§§9, 12.
1887, 367.
R. L. 84,
§§8, 10.
1919. 350, § 87.
1',I21. 486, § 28.
192S, 155, § 36.
102 Mass. 214.
116 Mass. 570.
Section 9. It may transfer inmates from one state charitable in-
stitution to another, or send them to any state or j^lace where they
belong, if public interest or the necessities of the inmates so require. It
may from time to time select for support at the state farm any state
charges whose labor, in domestic or other service at said institution,
may contribute toward the cost of their support, or whose maintenance
at the same may for special reasons be considered expedient, and in 7
an emergency said department may transfer any inmates of the state 8
infirmary to said institution, there to be supported while the emergency 9
continues. The superintendent of the state farm shall receive and 10
properly support all persons admitted to it under this section. 11
TOrta?npe?Ln8 SECTION 10. If a pcrson, who has received a certificate described in
to places of section seven of ciiapter one hundred and twentv-two desires to be sent
Bottlcnient. ' ■ !• • 1 -ii
1860, S3, u. to any state or place where he lias a legal settlement, or to friends wiU-
R. L. 84, § 11. ing to support him, the department may remove said person, if in its
loio! she! § 87. judgment it is for the interest of the commonwealth and of said person.
1928, 155, § 37.
Chap. 121.] powers and duties of department of public welfare. 1465
1 Section 1 1 . The names of persons so removed and the usual details Names and
2 of their history shall be entered upon the register of the infirmary, and Buch persona
3 shall be recorded by the superintendent as discharged by the depart- etc.""™'^ ^ '
4 ment for the purpose of removal from the commonwealth.
ISOO, S3, § 2. P. S. 79, § 15. R. L. S4, § 12.
1 Section 12. The department may, if expedient, remove any person P|mojai of
2 infected with a disease dangerous to the public health, who is main- persons, etc.
3 tained or liable to be maintained by the commonwealth, to the state loou! 391:
4 infirmary, or may pro\-ide such place of reception for such person as is \lll] HI] | ll\
5 judged best for his accommodation and the safety of the public, which 4 0p.a.g.474.
6 place shall be subject to the regulations of the department, and it shall
7 have the same authority to remove such persons thereto as is conferred
8 upon boards of health by section ninety-five of chapter one hundred
9 and eleven, and any expenses incurred in carrying out this section may
10 be paid from the annual appropriation for expenses in connection with
11 smallpox and other diseases dangerous to the public health.
1 Section 13. Any person who has been a resident of the common- ^^d™j|"^°" *°
2 wealth for not less than two years and is aft'ected with any incurable infirmary of
3 disease, except mental defect or leprosy, may be admitted to the state in- afferted with
4 firmary; provided, that his admission shall be only upon the certificate [."Sie
5 of the' board of health of the town from which he is sent. The depart- S||p,'eof
6 ment may make rules and regulations for such admission and to facilitate [^J^tTaw"'^'
7 the operation of this section. The expense of the maintenance of such a isia, 304.
8 patient shall be paid by him or by any person or kindred bound by law
9 to maintain him ; if he and such person or kindred are unable to pay for
10 his maintenance the town where the patient is found to ha\-e a legal
11 settlement shall be liable to the commonwealth for his support, or, if
12 the patient is without settlement in this commonwealth, the expense of
13 his maintenance shall be paid by the commonwealth.
1 Section 14. Inmates of institutions under the supervision of the de- 1^^^'^^°^^
2 partment shall be allowed, subject to its regulations, to write freely to it, corr^esjMnde'nce
3 and letters so written shall be forwarded, unopened, by the superintend- ment, etc"
4 ent or person in charge of the institution to the department for such i^oe, 341.
5 disposition as it deems right, and the department may send any letter or
6 other communication to any inmate of any such institution whenever it
7 considers it proper.
1 Section 1.5. The department mav send to the state infirmary any siek juvenile
., ™,.. , ' ,1 ij^ilii e offenders may
2 juvenile offender in its custody, or, upon the request or the trustees ot be sent to
3 the ^Massachusetts training schools, any juvenile offender in their custody, ism, iV.""^'
4 who is in need of hospital treatment. A juvenile offender so. transferred f^J^- l%^^*l[
5 shall be subject to the regulations of the state infirmary and shall be in i9i9. 35o, § 87.
6 the exclusive custody of the superintendent and trustees thereof until
7 they determine that he has sufficiently recovered to be returned to the
8 place of his former custody. Thereupon, they shall so certify upon the
9 warrant of commitment and give written notice to the department, which,
10 upon receipt of such notice, shall cause such juvenile offender to be re-
1 1 turned to its custody, or, if he was originally transferred from the Lyman
12 school or either industrial school, to be returned to the custody of the
13 trustees of the Massachusetts training schools, there to remain pursuant
14 to the original sentence in each case.
1466
POWERS AND DUTIES OF DEPARTMENT OF PUBLIC WELFARE. [ChaP. 121.
Annual visits SECTION 16. The department shall at least once a year visit all
pface'd out. etc. minoF children who are supported at the expense of any town. It shall
i87i; 37o: I i; inquire into the condition of such children, and make such other investi-
rI'II.H 53.' gations relative thereto as it may think fit; and for this purpose it may
1919 350,S^87. have private interviews with such children at any time.
1931, 426, § 23.
Section 17. [Repealed, 1931, 426, § 24.]
Section 18. [Repealed, 1931, 426, § 24.]
Section 19. [Repealed, 1931, 426, § 24.]
Section 20. It may consult with and advise individuals or officers
conducting- any wayfarers' lodge or public lodging house regarding the
conduct of the same and the best methods of serving the public welfare
thereby, and may transmit a statement of its findings as a result of its
Advice to
persons
conducting
wayfarers'
lodges or
Eublic lodging
ouses. 1,-1,
1919; 35o; § 87. inspection or consultation to any person, oflBcer or board properly in-
terested therein.
Section 21. The department may require of all persons, officers or 1
h ^^^^ boards conducting a wayfarers' lodge or a public lodging house such 2
i9i4.606:'*§4. reports of facts and circumstances relative thereto, its inmates and its 3
1919. 350, § 87. administration, as the department deems advisable. 4
Reports of
officers of
such lodges
and houses
Annual report.
1S51. 342, 8 6.
1857, 40, § 1.
G. S. 71, §9.
1863, 240,
§§3,5.
1867, 209, § 4.
1879, 291,
§§ 1,3,7.
P. S. 79,
§§3,4.
1898, 433, I 24.
1900, 215.
R. L. 84,
§§3-5.
1907, 271, § 1.
1909, 208
1914, 606,
1919, 350,
1931. 394,
§ 130.
i5.
Section 22. The commissioner shall make an annual report con-
taining, in addition to other matters required by law, a_ concise review
of the work of the several institutions under the supervision of the de-
partment for the preceding fiscal year and such suggestions and recom-
mendations as to said institutions and as to the general interests of all
persons under its supervision as he considers expedient, together with
information embodying the experience of this and other countries rela-
tive to the best and most successful methods of caring for such persons
as come under its supervision. The report shall include a statement of
the condition and management of infirmaries maintained in to-mis with 10
its suggestions and recommendations relative thereto, together with the 11
most important information obtained from the returns made by boards of 12
public welfare under sections thirty-three and thirty-four of chapter one 13
hundred and seventeen, and a detailed report of its inspection and super- 14
vision of wayfarers' lodges and public lodging houses. 15
Boarding
homes for
aged persons
defined and
regulated.
Penalty.
1929, 305.
BOARDING HOMES FOR AGED PERSONS.
Section 22A. The department may license any suitable person to
maintain a boarding home for aged persons, may prescribe the conditions
under which such a license may be granted and may make, and from
time to time alter and amend, rules and regulations for the government of
such homes. Every license issued under authority of this section shall
be for the term of two years, but may be revoked by the department at
any time for cause. The department shall ha\-e supervision of all such
homes and may visit and inspect the same at any time and examine their
accounts. Any person, other than a charitable corporation hereinafter 9
referred to, proposing to enter into a contract to provide care incident to 10
advanced age, for life or for more than five years, for any person over 11
Chap. 121. j powers .^nd duties of department of public welfare. 1467
12 sixty years of age and not a member of his immediate family shall report
13 that fact immediately to the department and shall, before entering into
14 or receiving any consideration under such contract, deposit with the state
15 treasurer a bond in a sum and in an amount satisfactory to the depart-
Ifi ment, witii sureties approved by the state treasurer, or, in lieu thereof,
17 such amount of money or securities as the department determines, as
IS security for the proper care as aforesaid of such person. Any person who
19 maintains a boarding home for aged persons without holding a license
20 hereunder, and any person licensed hereunder who violates any provision
21 liereof, shall for a first offence be punished by a fine of not more than five
22 hundred dollars and for each subsequent offence by imprisonment for not
23 more than two years. Whoever, under his own name or under any other
24 name or style, except a charitable corporation duly incorporated under
25 the laws of- this commonwealth, maintains a home in which three or more
26 persons over the age of sixty years and not members of his immediate
27 family are, for hire, gain or reward, by contract as aforesaid or otherwise,
28 provided with care incident to advanced age shall be deemed to maintain
29 a boarding home for aged persons for the purposes hereof.
duties relative to homesteads.
1 Section 23. The commissioner and board shall investigate defective D>j«<!s^gg ^
2 housing, the e\ils resulting therefrom and the work being done in the igigisso!
3 commonwealth and elsewhere to remedy them, study the operation of §5 87,90.
4 building laws and laws relating to tenement houses, encourage the
5 creation of local planning boards, gather information relating to town
6 planning for the use of such boards, and promote the formation of
7 organizations intended to increase the number of wholesome homes for
8 the people.
1 Section 24. The commissioner and board may, with the consent of J^fS!v!\oi:-
2 the governor and council, take by eminent domain or purchase in behalf m<jnt ofji^and.
3 of and in the name of the commonwealth tracts of land for the purpose \f^^'-^^°-
4 of relieving congestion of population and providing homesteads or small
5 houses and plots of ground for mechanics, laborers, wage earners of any
6 kind, or others, citizens of the commonwealth; and may hold, improve,
7 subdivide, build upon, sell, repurchase, manage and care for such land
8 and the buildings constructed thereon, in accordance with such terms
9 and conditions as they may determine.
1 Section 25. The commissioner and board may sell such land or sak °[^j
2 any parts thereof, with or without buildings thereon, for cash or upon DisposWon
3 such instalments, terms and contracts and subject to such restrictions i9i'7,°3io.^§ 2.
4 and conditions as they may determine, and may take mortgages upon \l\l] Ho,
5 said land, with or without buildings thereon, for such portion of the §§87,90.
6 purchase price and upon such terms as they deem ad\isable, but no
7 tract of land shall be sold for less than its cost, including the cost of any
8 buildings thereon. All proceeds from the sale of land and buildings or
9 other sources shall be paid to the commonwealth.
1 Section 26. The commissioner and board shall call the attention of foltaSl
2 mayors and city councils and selectmen in towns having planning boards, 5'Si3^494',''-5 3.
3 to the provisions of sections seventy to seventy-two, inclusive, of chapter jaj*, 283, s 2.
■4 forty-one; and it shall furnish information and suggestions from time §§87, 90.'
1468
MASSACHUSETTS HOSPITAL SCHOOL.
[Chap. 121.
4 0p. A. G.
153.
to time to city governments, selectmen and planning boards, which may 5
tend to promote the purposes of said sections and of section twenty- 6
three of this chapter. 7
I'msM.Ta.' Section 27. The commissioner shall make an annual report of the 1
§1^8,' 90°' ^^^^ °^ ^^^ commissioner and board under the four preceding sections. 2
Management
of Massachu-
setts hospital
school.
1904, 446,
§§1.5.
1907, 226.
MASSACHUSETTS HOSPITAL SCHOOL AND HOSPITAL FOR ST.\TE MINOR
WARDS.
Section 28. The Massachusetts hospital school shall be maintained 1
for the education and care of crippled and deformed children of the 2
commonwealth. The board of trustees of said school shall have the 3
same powers and shall be required to perform the same duties in the 4
management and control of the school as are vested in and required of 5
the trustees of the ^'arious state hospitals under chapter one hundred 6
and twenty-three, so far as applicable. 7
Powers and
duties of
trustees.
1904, 446, § 3.
1922, 306.
Section 29. The trustees shall be a corporation for the purpose of
taking and holding, by them and their successors, in the name of the
commonwealth, and in accordance with the terms thereof, any grant
or devise of land or any gift or bequest of money or other personal prop-
erty made for the use or benefit of the school, its inmates, former inmates
or graduates or any association thereof, or for the use or benefit of state
minor wards assigned to the care of the trustees under sections thirty-
four to thirty-seven, inclusive, and for the purpose of preserving and
investing the proceeds thereof in notes or bonds secured by good and
sufficient mortgages or other securities, with all the powers necessary
to eft'ect said purposes. For said purposes the trustees may employ
such agencies as they may from time to time determine to be wise and
proper, including any trust company or other corporation authorized by
law to administer trusts, and may from funds received as aforesaid or
the income thereof pay such expenses as may be necessary for the wise
administration of such gifts or trusts, or may, with the approval of the
go\'ernor and council, delegate any powers conferred by this section
upon any such trust company or corporation. In the use, management
and administration of such gifts or trusts, the trustees or their agents
shall in their discretion so act as most effectively to aid the beneficiaries
in accordance with the terms of the gift or trust, and when so acting
their judgments and determinations in extending or denying aid or
benefit to any indi\'idual shall be conclusive and final. No trustee shall
be answerable for the use of any money or property received by any
beneficiary or for the default or neglect of any co-trustee, or of any agent
employed hereunder, or of any corporation to which power is delegated
or transferred as herein authorized.
1
2
o
O
4
5
6
7
S
9
10
11
12
13
14
15
10
17
18
19
20
21
22
23
24
25
2()
oErsTnd * °^ Section 30. Tlie trustees may appoint all persons necessary for the 1
?n?;!'TA^- . o proper administration of the affairs of the school, and may incur all 2
1904, 446, § 8. '^ * 1' 1 • 1 i> *■
1931, 301, § 91. expenses necessary tor the maintenance thereof. 3
pfyT,cnt"ft' Section 31. The trustee,'? may, upon WTitten application of any child 1
supptn'oT entitled to receive the benefit of said school, or upon such application 2
children, etc. by ^ parent, guardian or person having the legal custody of the child, 3
Chap. 121.] Massachusetts hospital school. 1469
4 or by any state or municipal department, board or officer having such n>oi, 446, 8 o.
5 custody, admit such ciiiid to said school, subject to such rules and 1924! 344!
6 regulations as tlie trustees may prescribe, and the trustees may discharge ^^^^' ^^^' ^^'
7 such child from the school. The charges for the support of the children
8 of the school who are of sufficient ability to pay for the same, or have
9 persons or kindred bound by law to maintain them, shall be paid by such
10 children, such persons or such kindred at a rate determined by the trus-
11 tees. The board of such children as have a legal settlement in a town
12 shall be paid by the town at a rate not exceeding six dollars a week,
13 notice of the reception of the children by the trustees being given by
14 them to the board of public welfare of the town as soon as practicable;
15 and the tuition and board of those having no such settlement shall be
16 paid by the commonwealth. The trustees may receive other children
17 having no means to pay for tuition and support, and the tuition and
18 board of all such children shall be paid by the commonwealth. The
19 attorney general and district attorneys shall upon request bring action
20 to recover said charges in the name of the state treasurer. The admis-
21 sion of a child as aforesaid to the school shall be deemed a commitment
22 of the child to the care and custody of the commonwealth, and the
23 trustees, with the approval of the department, may detain the child at
24 said school during its school age, or for such longer period during its
25 minority as in the opinion of the trustees will tend to promote the
26 education and welfare of the child.
1 Section 32. There shall be a thorough inspection of the school by inspection of
2 two of the trustees thereof monthly, and by a majority of them quarterly, repOTt' "^"""^
3 and by all of them semi-annually, and after each inspection a written re- \l%[ 3I0; | g"
4 port of the state of the institution shall be drawn up. The treasurer shall
5 present his report at said annual meeting and the trustees shall then audit
6 it. The commissioner shall make an annual report of the acts of the
7 trustees.
1 Section 33. The accounts and books of the treasurer shall at all J^^oulJJf '*
2 times be open to the inspection of the trustees. ppe° '9 ,.
■*^ ^ inspection by
1904, 44G. § 11. trustees.
1 Section 34. The trustees of the Massachusetts hospital school, J^r^gfat^e
2 subject to super\'ision by the department, may construct from time to 5'g2o''r97'''l'i
3 time, as appropriations are made by the general court, and thereafter
4 may maintain, suitable buildings for the hospital care and treatment of
5 such state minor wards as may be assigned to their care by the said
6 department.
1 Section 35. The said trustees shall have the same powers and shall of^h°^*iJ!Jf°''
2 perform the same duties in the management and control of the said hos- Admission of
3 pital for state wards as are vested in and required of them in their ad- 1920, 597, § 2.
4 ministration and control of the hospital school under sections twenty-
5 eight to thirty-three, mclusive, so far as applicable. No state ward who
6 is insane, feeble minded, epileptic, or otherwise unfit, shall be admitted
7 to or received at the said hospital, nor shall any state ward so be admitted
8 or recei\ed without the approval of the trustees and the written order
9 of an authorized agent of the department, nor released from said hospital
10 without written notice to the said department.
1470
POWERS .4ND DUTIES OF DEPARTMENT OF PUBLIC WELFARE. [ChAP. 121.
Useofiand,^ SECTION 3G. Any land acquired or buildings erected for the Massa-
fa"rm'pr9duct3 chusetts liospital scliool OF the hospital for state minor wards, unless it is
and's°Xo'i. otherwise expressly provided, and also any farm product raised at the
1920, 597, § 3. g^j^j j-jQgpi^j^j school^ or at the said hospital, may, as the trustees shall
from time to time determine, be used either interchangeably or exclusively
for said hospital school or said hospital, or in common for the benefit of
both institutions, and for the care and maintenance of their respective
inmates, officers, employees and attendants. Such oflScers, employees
and attendants shall, as required by the trustees, render service to either
or both of the said institutions. Any sewer, heating, ventilatmg, water
or similar plant or system may so be used, separately or jointly.
Patients not
to he sent to
hospital till
sufficient ac-
commodations
are provided.
1920, 597, § 4.
Section 37. No state minor wards shall be assigned to the said hos-
pital until the commissioner, with the approval of the governor and
council, finds that sufficient new building accommodations have been
constructed to provide for the number thus to be assigned.
1
2
3
4
5
6
7
8
9
10
11
1
2
3
4
GENERAL PROVISIONS.
Section 38. The department shall inspect and approve all plans
and specifications for new buildings to be used by state institutions under
its supervision, and for the extension or alteration, involving an expendi-
ture of more than two thousand dollars, of existing buildings which are
19.31,' 394! ^ *^' to be or are already so used, before such new buildings are erected or such
extensions or alterations made. It may advise with and assist boards of
public welfare in the preparation of plans for infirmary buildings, the ex-
penses to be paid from the appropriation for expenses of the department.
Approval of
certain plans,
and advice to
laoards of pub-
lic welfare, etc
1905, 162.
1907, 271, § 2.
1931, 394
§ 131
Forms for
statistical
returns.
G. S. 71, §
1864. 307,
P. S. 79, §
R. L. 84, S
1919, 350,
1928, 155,
§6.
6.
6.
§87.
§ 40.
Section 39. The department shall prescribe the forms for statistical
returns to be made by the superintendent of the state infirmary in his
annual report, as to the sex, age and birthplace of the inmates, and the
places from which they were sent. It shall also prescribe the form of and
provide towns with blanks for the certificate required by section seven of
chapter one hundred and twenty-two. Such certificate shall contain such
inquiries as to the age, parentage, birthplace and former residence of and
other facts relative to the person as the department considers necessary,
to which true answers shall be given before the person is received into
the infirmary.
1
2
•">
o
4
5
6
7
8
1
2
3
4
5
G
7
8
9
10
Trustees of
institutions to
make annual
inventory.
1859, 177, § 2.
G. S. 5, § 11.
P. S. 79, § 7.
R. L. 84, § 7.
Section 40. The trustees of every institution under the supervi-
sion of the department shall annually cause an accurate inventory of the
stock and supplies on hand, and the value and amount thereof at the in-
stitution, to be made on the thirtieth day of November, and to be sent to
the department on or before the third Wednesday in December.
1905, 211, § 11. 1911, 154.
Banks to give
information as
to deposits.
Penalty.
1852, 132,
§§ 1, 3.
G. S. 57,
§§ 151, 153.
1876, 203, 8 25.
P. S. 116, §43.
1894,317, § 48.
1898.425, § 6;
433, § 24.
R. L. 84, 5 15.
Section 41. A treasurer of a savings bank, national bank, trust com-
pany, co-operative bank, benefit association, insurance company or safe
deposit company who, upon written request, signed by an officer of the
department, unreasonably refuses to inform him of the amount deposited
in the corporation or association to the credit of a person named in such
request who is a charge ui)on the commonwealth, or who wilfully renders
false information in rcjily to such request, shall forfeit fifty dollars, to the
use of the commonwealth.
1928, 155, § 41.
Chaps. 121, 122.]
1471
1 Section 42. All accounts against the commonwealth for allowances
2 to counties, cities and towns on account of moneys paid for which they
3 are entitled to reimbursement by the commonwealth under tiie provisions
4 of section five of chapter one hundred and two, section one hundred and
.5 sixteen of chapter one hundred and eleven, sections seventeen and
6 eighteen of cliapter one hundred and seventeen, section si.x of chapter one
7 hundred and eighteen and sections twelve, fifteen and eighteen of chapter
8 one hundred and twenty-two shall be rendered to the department on or
9 before the first day of October annually, and shall be for the twelve
10 months ending on the thirtieth day of June preceding, and, if rendered
11 as aforesaid, approved by the department and certified by the comptroller
12 but not otherwise, shall be paid by the commonwealth; provided, how-
13 ever, that such accounts for the twelve months aforesaid for allowances
14 to a town, if rendered at any time prior to the sixtieth day after the close
15 of the current fiscal year of the town, may be received and, in the discre-
16 tion of the department and upon certification by the comptroller, be
17 allowed and paid when an appropriation therefor has been made. Failure
IS to comply with the rules and regulations of the department shall be
19 ground for disapproval of any account.
Approval and
payment of
accounts
against com-
monwealth on
account of
certain poor,
siclv and
dependent
persons.
1920. 241, 5 1.
1931, 389.
CHAPTER 122
STATE INFIRMARY.
Sect.
1. Powers and duties of trustees, eto.
Annual reports.
2. Rules, etc.
2A. Trustees to be corporation for certain
purposes. Powers and duties.
3. Powers of trustees as to inmates, etc.
4. Superintendent. Bond, etc.
5. Duties of resident physician.
6. Accounts of infirmary.
7. Superintendent to receive certain
persons.
8. Contracts for employment of inmates,
etc.
9. [Repealed.]
10. Liability of towns, etc., for support of
certain inmates.
11. Liability of kindred for support of
such persons.
12. [Repealed.]
Sect.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Cities and towns not to send danger-
ous insane persons.
Cities and towns to care for unsettled
dependent persons, when.
Transportation expenses of certain
persons sent to infirmary. State re-
imbursement, when.
Removal of sick persons. Penalty.
Care of certain sick persons. Penalty.
Reimbursement to cities and towns
for care of certain sick fioor, etc.
[Repealed.]
Commitment of insane inmates.
Certain persons to be deported.
[Repealed.]
Punishment for escape.
Complaints for escapes.
Jurisdiction of certain courts.
Section 1. The trustees of the gtate infirmary, in this chapter called d°J|'|fof°''
the trustees, shall hold meetings monthlv at the state infirmarv. One trustees, etc.
1 II • • I ■ • • 1 ' 1 rrM ' 1 11 -Annual reports.
trustee shall visit the institution at least once a week. 1 he trustees shall i852. 275,
appoint a superintendent of the state infirmary, who, with the approval iUi. I'so, § 1.
of the governor and council, mav be the resident phvsician, who shall hold Jsm! 177. § 2.
- - G. S. 71.
§5 32. 34, 54.
All other ^^<^^' ^ss. § n-
/ill ULuei ,g_g j^g_
office at the pleasure of the trustees, and whose compensation shall be
fixed by them, with the approval of the governor and council.
8 officers and employees shall be appointed by the superintendent, subject ll^g'-'ggi
9 to the approval of the trustees. The trustees shall not employ one of their 55 7,' 9, 16
1472
STATE INFIRMARY.
[Cel^p. 122.
P. s. 86, own members. The commissioner of public welfare shall make an annual 10
17/1^20/40. report of the condition of the institution, with a copy of the inventory 11
nil', ig?; required by section forty of chapter one hundred and twenty-one. 12
§§ 2. 3. 1891, 299. 1911, 104. 1920, 2.
R. L. 8.5, § 2. 1918, 257, § 476. 1924, 2.59, § 1.
1905,211,11. 1919, 5: 350, §§S, 87. 1931, 301, § 92.
Rules, etc.
1852, 275, § 6.
G. S. 71, § 32.
1879, 291,
§§7,9.
Section 2. The trustees shall, with the approval of the governor 1
and council, make rules and regulations for the proper management 2
and government of the state infirmary and shall see to their enforcement. 3
p. S. 86, §14. 1884, 297, §2. R. L. 85, S 3. 1911,104.
Trustees to be
corporation
for certain
purposes.
Powers and
duties.
1928, 231.
Section 2A. The trustees shall be a corporation for the purpose of 1
taking and holding, by them and their successors, in the name of the com- 2
monwealth, and in accordance with the terms thereof, any grant or devise 3
of land or any gift or bequest of money or other personal property made 4
for the use or benefit of the state infirmary, its patients or former patients, 5
and for the purpose of preserving and investing the proceeds thereof in 6
notes or bonds secured by good and sufficient mortgages or other security, 7
with all the powers necessary to effect said purposes. For said purposes 8
the trustees may employ such agencies as they may from time to time 9
determine to be wise and proper, including any trust company or other 10
corporation authorized by law to administer trusts, and may from funds 11
received as aforesaid or the income thereof pay such expenses as may be 12
necessary for the wise administration of such gifts or trusts, or may, with 13
the approval of the governor and council, delegate any powers conferred 14
by this section upon any such trust company or corporation. In the use, 15
management and administration of such gifts or trusts, the trustees or 16
their agents shall in their discretion so act as most effectively to aid the 17
beneficiaries in accordance with the terms of the gift or trust, and when so 18
acting their judgments and determinations in extending or denying aid 19
or benefit to any individual shall be conclusive and final. No trustee shall 20
be answerable for the use of any money or property received by any 21
beneficiary or for the default or neglect of any co-trustee, or of any agent 22
employed hereunder, or of any corporation to which power is delegated or 23
transferred as herein authorized. 24
Powers of
trustees as to
inmates, etc.
1852, 275, § 7.
1855, 445, § 3.
G. S. 71,
§5 33, 47.
1879, 291, § 9.
P. S. 86,
§5 15,33.
Section 3. The trustees shall have and exercise the same powers
relative to inmates and their property as towns and boards of public
welfare have relative to persons supported or relieved by them, and the
same powers as said boards to return inmates of the state infirmary to the
place or country from which they came.
R. L. 85, §§4, 18.
1918, 257, § 302.
1919, 5.
1920, 2.
1928, 155, § 43.
Section 4. The superintendent and resident physician may reside
with their families at the state infirmary. The superintendent shall
receive no other compensation than that provided in section one and no
perquisites for his services except as aforesaid ; and he shall give bond to
R^s.'le,^' ^ '°' the state treasurer for the faithful performance of his duties in such sum
as the comptroller may prescribe, and with sufficient surety to the accept-
ance of said trustees and subject to the approval of the governor.
1920, 546, § 4. 1923, 362. § 71.
Superin-
tendent.
Bond, etc.
1852, 275. § 5.
1854, 189. 5 2.
G. S. 71, § 34.
187B, 179, § 1.
_jl6. 19,
R. L. 85, 5 6.
1911, 104.
1917, 18.
Chap. 122.] state infirmary.
1473
1 Section 5. The resident physician shall be competent to take charge Duties of
2 of insane inmates, and shall have entire charge of and be responsible for p'i'yJc'ian.
3 the medical treatment of the inmates of the infirmary hospital; shall sfl';!^"'
4 regulate and control the dietary of and supervise the preparation of the ^^ f^^^^
5 food for the hospital; and, if not himself the superintendent, shall make R l.ss, §8.
6 requisitions upon the superintendent for such food, medicines and neces-
7 saries, other than the ordinary supplies, as in his judgment the require-
8 ments of a well ordered hospital demand.
1 Section 6. All accounts for the maintenance of the state infirmary Accounts of
2 shall be approved by the trustees thereof, or, if the trustees so vote, '"ss^isq; § 5.
3 by the superintendent or by the chairman or some other member desig- ml seo.S^I'.
4 nated by him, and shall be filed with the comptroller and paid by the ^ll'^s.Vas.
5 commonwealth.
1911. 104. 1923, 362, § 72. 1924, 259, § 2.
1 Section 7. The superintendent shall receive any person sent with superintendent
2 a proper certificate from the department of public welfare, in this chap- c?rtI1n persons.
3 ter called the department, or from a board of public welfare, or from the g.'^I:?!.^ Vs!
4 institutions department of the city of Boston, or from some one duly fgg^i.l'i'.^^'-
5 authorized by said board or said department, and shall provide for them \fl^^^'
6 under the rules and regulations made under section two.
R. L. 85, § 7. 1908, 393. 1919, 350, § 87. 1928. 155, § 44.
1 Section 8. The superintendent, with the consent of the trustees, cmtractsfor^^
2 may contract with any person for the employment of any inmate of f,^?at'es'"et'c.°
3 the' state infirmary in any kind of lawful labor for such wages or on such g.^I'tu 5 48.
4 terms as the superintendent and trustees approve. If a contract is so p^^l'le.^ll;
5 made, such inmate shall be discharged from the infirmary, and, if he R ,l. 85^§ 19.
6 refuses to accept the employment offered, shall forfeit all claim to sup- 1928: 155. § 45.
7 port.
1 Section 9. [Repealed, 1931, 426, § 25.]
1 Section 10. A town where an inmate of the state infirmary is found "^^ll'^tc!
2 to have a legal settlement shall be liable to the commonwealth for his f°;,^^^PP°^VtL
3 support in like manner as one town is liable to another in like cases; {||5*«, |4.
4 and in such case the department shall adopt the measures relative to a^s'Ti.^g:
5 notice, removal and recovery of expenses prescribed for towns in like p. s.'se.'us.
6 cases.
1898, 433, § 24. 1919, 350, § 87. 2 Op. A. G. 447.
R. L. 85. § 20. 1928, 155. § 46. 3 Op. A. G. 57.
1911, 104. 8 Gray, 455.
1 Section 11. The kindred liable by law to towns for expenses in LmbiWy of
2 supporting such persons shall in like manner be liable to the common- aippon o'f
3 wealth for any expense incurred for such persons; and the department i855.'445?T'5.
4 may adopt the same measures and institute like proceedings for the re- J^^l'yjfj^so;
5 CO very of such expenses from the kindred so liable as are prescribed for J,*^|;|^'|3e.
6 towns in like cases.
1898. 433, § 24. 1919, 350. § 87. 2 Op. A. G. 447.
R. L. 85, § 21. 1928, 155, § 47.
1 Section 12. [Repealed, 19.30, 66.]
1474
STATE INFIRMAKY.
[Chap. 122.
Cities and SECTION 1.3.
towns not to i i i i -c ^ l
send dangerous person who woiild 06 dangerous ii at large
insane persons. i854, 437. U- P. S. 86. § 24.
G. S. 71. § 37. R. L. 65, § 13.
No town shall send to the state infirmary any insane 1
2
1911, 104.
Cities and
towns to care
for unsettled
dependent
persons, when.
18.53, 352, § 4.
1854, 437, § 2.
G. S. 71, § 46.
P. S. 86, 5 32.
Section 14. If the state infirmary be full, towns shall support de-
pendent persons who have no legal settlement at the e.xpense of the
commonwealth until notice is given by the superintendent that they can
be received. The superintendent shall give such notice by mail to towns
according to priority of application.
R. L. 85, §17. ^ 1911,104. 1928, 155, § 49.
Transportation
expenses of
certain persons
sent to in-
firmary. State
reimburse-
ment, when.
1823,21, § 1.
R. S. 46, § 30.
1852, 275,
§§3,8.
1855, 151, § 1;
445, § 1.
1856, 171, § 3.
G. S. 71, §36.
1872, 45, § 2.
Section 15. Towns may at their own expense send to the state 1
infirmary, to be maintained at the public charge, all persons falling into 2
distress therein and having no settlement within the commonwealth. 3
The town shall be reimbursed by the commonwealth, upon bills ap- 4
proved by the department and subject otherwise to the provisions of 5
section forty-two of chapter one hundred and twenty-one, for the ex- 6
pense of transportation of each person having no settlement so sent, for 7
the excess over thirty miles by the usual route, at a rate not exceeding 8
twelve cents a mile. 9
1879. 291. § 3.
P. S. 86. § 22.
R. L. 85, § 9.
1911, 104.
1919, 350, § 87.
1923, 177.
1926, 241, § 7.
1928. 155, § 50.
105 Mass. 336.
2 Op. A. G. 499.
Removal of
sick persons.
Penalty.
1887. 440,
§§ 1-3.
R. L. 85,
§§10,11.
1903, 233.
1911, 104.
1928, 155, § )
Section 16. No town officer or agent having the care and oversight 1
of a sick person shall remove or attempt to remove him or cause him to 2
be removed to the state infirmary unless there is reasonable cause to 3
believe that such removal will not injure or endanger his health; pro- 4
vided, that in case of doubt as to the safety of such removal such officer 5
or agent shall obtain a certificate of a competent physician that at the 6
request of such officer or agent he has examined such person, and that 7
in his opinion such person can so be removed without injury or danger 8
to his health; and provided, also, that such removal shall be made 9
whenever ordered by the department. A town officer or agent who 10
violates this section or a physician who gives a false certificate hereunder 1 1
shall be punished by a fine of not less than twenty-five nor more than 12
one hundred dollars or by imprisonment for not less than three nor more 13
than twelve months, or both. 14
Care of cer-
tain sick
persons.
Penalty.
1855, 445, § 2.
1865, 162,
§§ 1.3.
1879, 291, § 3.
P. S. 86,
§§ 25, 27.
188.5, 211.
R. L. 85, § 14.
1911, 104.
1931,394,
§ 132.
225 Mass. 589.
2 Op. A. G. 499.
Section 17. No town officer shall send to the state infirmary any 1
person infected with smallpox or other disease dangerous to the public 2
health, or, except as provided in the preceding section, any other sick 3
person whose health would be endangered by removal; but all such 4
persons liable to be maintained by the commonwealth shall be supported 5
during their sickness by the town where they are taken sick, and written 6
notice of such sickness shall be given to the department, which may 7
examine the case and, if found expedient, order the removal of the 8
patient; but such notice in the case of sick persons whose health would 9
be endangered by such removal shall be signed by the members of the 10
board of public welfare or by a person appointed by them by special vote, 11
who shall certify, after personal examination, that in their or his opinion 12
such removal at the time of his application for aid would endanger his 13
health. A town officer who knowingly violates this section shall be pun- 14
ished by a fine of not less than fifty nor more than one hundred dollars. 15
Chap. 122.] state infirm.^.ry. 1475
1 Section IS. Reasonable expenses incurred bv a town under tlie Reimbursement
,. . . , . n I J 1 I' *• 1 1 • to cities and
2 preceding section within nve days next betore notice has been given as towns for care
3 therein required and also after the giving of such notice and until saitl poorreTc" '"^
4 sick person is able to be removed to the state infirmary shall be reim- l^f's'l.^' ^ ^''
5 bursed by the commonwealth. If the department, after investigation, }|^|; }^2, § 2.
6 deems it expedient as an economy in expenditure and in the interest p^l'g^g^ilg-
7 of tlie patient's health, it may authorize reimbursement for aid rendered jsss, 2i'i.
8 after the patient has become able to be so removed, and, in its discretion, mas', 391!
9 until the patient is able to be discharged. If the department considers loos, Its.
10 it expedient to order the removal to the state infirmary of a person \l\l] 797; 5 1.
11 whose physical condition is such as to require attendance, reasonable {gig; 3J0; § 87.
12 expenses incurred for such attendance as directed by the department J44\f3'5^,' ^Z'
13 shall also be reimbursed bj' the commonwealth. Bills for such support lOp. A.G.420.
14 shall not be allowed unless endorsed with the declaration that, after full
15 investigation, no kindred able to pay the amount charged have been
16 found, and that the amount has actually been paid from the town
17 treasury, nor unless they are approved by the department or by a person
IS designated by it ; and not more than ten dollars and fifty cents a week
19 shall be allowed for the support of a person in a town hospital, and no
20 charges of whatever nature in excess of the said ten dollars and fifty
21 cents a week shall be allowed. Reimbursement by the commonwealth
22 under the provisions hereof shall be subject to the provisions of section
23 forty-two of chapter one hundred and twenty-one.
1 Section 19. [Repealed, 1926, 241, § 9.]
1 Section 20. Any inmate of the state infirmary found to be insane Commitment
2 may be committed to the state infirmary in the same manner in which Tnu^aTe"^
3 commitments of insane persons to insane hospitals are made. {gog; 504] § 98.
1 Section 21. A justice of the superior court or of a district court or certain persons
2 a trial justice, upon complaint of the board of public welfare of any town lyee-T?'!??'' '
3 or of the department, may, by warrant directed to a constable or other ilgg'^sg, § 13.
4 person therein designated, cause any person aided under chapter one fgsl; 105,^^4.
5 hundred and seventeen or under this chapter, not born or not having a pf'gg'IH-
6 settlement in the commonwealth, who may conveniently be removed, r. l. ss §23.
7 to be conveyed, at the expense of the commonwealth, to any other 1928! iss] § 52!
8 state, or, if not a citizen of the United States, to any place beyond sea,
9 where he belongs.
1 Section 22. [Repealed, 1928, 155, § 53.]
1 Section 23. Whoever escapes from the state infirmary and within Punishment
2 one year thereafter is found in any town soliciting public charity shall issl????,' § 9.
3 be punished by imprisonment at the state farm. *^- ^- ^^' ^ ^^'
p. S. 86. § 37. 1884, 258, § 1. 1898, 443. R. L. 85, § 22. 1911, 104.
1 Section 24. Complaints for violations of the preceding section may complaints for
2 be made and prosecuted by any member of a board of public welfare or 1884! m8, § 2.
3 by the institutions department in Boston or by agents, not exceeding J|§|; |^^; j ,4
4 two, appointed by the department and designated for such purpose. i897, ||5'jH-
5 The district court of Lowell may, at such time as it appoints, hold ses- jaos, 393. ^^
6 sions at Tewksbury for the trial of such complaints against inmates of 1921! 430! § 2.
7 the state infirmary.
1931, 426, § 231.
1476
[Chaps. 122, 123.
Jurisdiction
of certain
courts.
18S4, 258, § 3.
R. L. 85, § 36.
1921, 430, § 3.
Section 25. The district court of Lowell shall have jurisdiction of 1
said offence concurrent with any other court ha\'ing jurisdiction thereof 2
if committed in any part of the county of Middlesex without the district 3
of said court, and the district court of Lawrence and the first district 4
court of Essex shall have the same concurrent jurisdiction of said offence 5
if committed in any part of the county of Essex without their respective 6
districts. 7
CHAPTER 123.
COMMITMENT AND CARE OF THE INSANE AND OTHER MENTAL
DEFECTIVES.
Sect.
general provisions.
1. Definitions.
2. C.ire of the insane, feeble minded,
epileptic, etc.
POWERS AND DUTIES OP THE DEPARTMENT.
3A.
4.
6.
6.
8.
9.
10,
11.
12.
13.
ISA.
14.
15.
16.
17.
18.
19.
Department,
authority.
Department,
tal health.
Department,
scope of supervisory
duties relative to men-
commissioner to be
executive head.
Department may investigate sanity
of inmates of institutions.
Department made corporation to
manage certain trust property.
Management of state hospitals by
department.
Department, duties relative to new
construction.
Department and trustees, semi-
annual meetings.
Department to establish, etc., hos-
pital districts. Commitments
regulated.
Department to encourage scientific
investigations. Reports, etc.
Department may establish, etc.,
free clinics for feeble minded.
Department may establish, etc.,
registry of feeble minded, etc.
Division of mental hygiene, certain
powers and duties.
Department shall visit institutions.
Annual reports.
Boarding out of insane persons reg-
ulated.
16A. Same subject. Homes with provi-
sions for occupational therapy.
Persons boarded out. Bills for
board, how paid.
Removal of neglected boarders.
Temporary release.
Agents to visit persons boarded in
families.
Sect.
20. Department, general power to trans-
fer, remove or deport.
21. Transfers to or from private institu-
tions, and of voluntary patients.
22. Care, etc., of insane at state infirm-
ary by department.
22A. Bridgewater state hospital, special
provisions as to.
23. Department to apply for commit-
ment, when.
24. Department to prescribe forms,
keep records of commitments, etc.
LIST or state hospitals.
25. List of state hospitals.
powers and DUTIES OF TRUSTEES, ETC., OP
STATE HOSPITALS.
Supervision of state hospitals.
Trustees, certain powers and duties.
Trustees to appoint superintendent
and treasurer.
Trustees, additional powers and
duties.
Instruction of patients, etc.
Visits to persons boarded out by
trustees.
Supervision of accounts.
26.
27.
28.
29.
30.
31.
32.
33.
34.
34A.
35.
36.
37.
38.
PRIVATE HOSPITALS, ETC.
Private institutions, licenses to
maintain. Supervision by de-
partment.
Illegal maintenance of such institu-
tions penalized.
Federal hospitals for insane veterans,
licenses to maintain.
RESTRAINT.
Restraint regulated.
Restraint, custody of implements.
Restraint, records of, etc. Defini-
tion.
Penalty.
Chap. 123.]
COMMITMENT AND CARE OF INSANE, ETC.
1477
Sect.
miscellaneous provisions affecting
institutions.
Patients' funds. Deposit, etc.
Same subject. Disposition of un-
claimed funds regulated.
Fire apparatus and escapes.
Trustees, etc., to furnish informa-
tion to department, etc.
Certain employees exempt from
civil service laws, etc.
Westborough state hospital, super-
intendent and assistant physicians.
[Repealed.]
Schools for the feeble minded. De-
partments.
Same subject. Reception, classifi-
cation and discharge of pupils.
Same subject. Voluntary admission
of certain feeble minded persons.
Hospital cottages for children.
Trustees, powers and duties.
Report.
Same subject. Certain children to
be sent.
39.
39A.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
COMMITMENTS, ETC.
50. Commitment of insane persons.
Authority.
51. Order of commitment.
52. .A.dditional medical testimony. Fee.
53. Qualifications of physicians certify-
ing to insanity.
54. Statement with application for com-
mitment, etc. Notice to relatives,
etc.
55. Apprehension of alleged insane per-
son.
56. Commitment or transfer to West-
borough state hospital for homoeo-
pathic treatment.
57. Jury trial on question of sanity.
58. Selection and impanelling of jury.
59. Judge to preside at trial. Verdict.
60. Deficiency in jury, how supplied,
etc.
61. Fees of officers, jurors and witnesses.
62. Commitment of dipsomaniacs, etc.,
regulated. Limit of detention.
63. Appeal from order of commitment
as dipsomaniac, etc.
64. Default for non-prosecution of ap-
peal.
65. Withdrawal of appeal. Procedure.
66. Commitment to schools for the
feeble minded regulated.
66A. Commitment of feeble minded per-
sons to department. Powers of
department.
67. Judicial inquiry as to commitment
or discharge of inmates of schools
for the feeble minded.
68. General provisions relative to com-
mitment applicable, when.
Sect.
69. Commitment of insane epileptics
regulated.
70. Commitment, order void, when.
71. .Service of warrants, etc.
72. Commitment of women, attendants.
73. Compensation of judges, physi-
cians, etc.
74. Commitment, etc., expenses of, how
paid.
75. Commitment, judge to keep docket,
etc.
76. Psychopathic hospital serwce.
77. Observation, commitment for. Pro-
ceedings thereafter.
78. Temporary care of persons violently
insane, etc., without order of
court.
79. Temporary care of insane persons
needing immediate care, etc.
80. Temporary care of persons addicted
to intemperate use of narcotics,
etc.
81. Notice to department of receipt of
insane person at institution.
82. Places of temporary detention regu-
lated. Temporary care by board
of health, when. Expense, how
paid, etc.
83. Transfer of inmates of state hos-
pitals by governor.
84. Detention and care of insane persons
in United States service regulated.
85. Same subject. Contracts.
VOLUNTARY INMATES.
86. Voluntary admissions.
87. Monson state hospital, admission
to, etc., regulated.
RELEASE AND DISCHARGE.
In-
88. Temporary absence on leave.
sane, etc., persons.
88A. Same subject. Feeble minded per-
sons.
89. Discharge. General provisions.
89."^. Discharge of certain persons from
custody of department, etc.
89B. Same subject. Order of court.
90. Discharge of unrecovered insane
person regulated. Petition for
instructions, when authorized.
Procedure.
Discharge, application for.
Discharge ; notice to superintendent,
further proceedings.
Discharge if not insane or dangerous.
Clothing, etc., to be furnished on
discharge.
91.
92.
93.
94.
ESCAPE.
95. Escape, arrest after.
1478
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 123.
Sect.
96.
SUPPORT.
Support of inmates in state hos-
pitals regulated. Contribution
from certain persons, when re-
coverable. Removal of guardian,
etc., for failure to support.
Certain statements receivable as
prima facie evidence.
PRIVILEGES OF PATIENTS.
97. Attorney may visit patient, when.
98. Patients may write to the depart-
ment. Other correspondence reg-
ulated.
EXAMINATION OF PERSONS COMING BEFORE
COORTS.
99.
Mental condition of persons coming
before courts, how determined.
Expenses.
Commitment to state hospitals of
persons under indictment.
lOOA. Investigation of mental condition
of certain persons held for trial.
Notice. Fees. Penalty.
Commitment of persons acquitted
of murder, etc., by reason of in-
sanity. Discharge.
100.
101.
INSANE PRISONERS.
102. Insane prisoners, examination.
"Superior court" defined, for
purposes of §§ 102 and 10.3.
103. Insane prisoners, removal to state
hospital.
104. Insane prisoners, removal from jails,
houses of correction, etc.
105. Reconveyance of prisoners restored
to sanity, not dangerously in-
sane, etc.
Sect.
106.
107.
lOS.
109.
rendition.
Rendition of insane persons.
Warrant.
Writ of habeas corpus, when.
Payment of expenses.
certain acts forbidden.
110. Conspiracy to commit a sane person.
Penalty.
111. Ill-treatment, etc. Penalty.
112. Escape, connivance at. Penalty.
defective delinquents and drug ad-
dicts.
113. Commitments to department for
defective delinquents, or to de-
partment for drug addicts.
114. Removal from institution because
of violation of regulations.
115. Physicians' certificate to be filed in
certain cases. Fees.
116. Removal from school for feeble
minded for -violation of regula-
tions, etc.
117. Departments for defective delin-
quents and for drug addicts.
118. Parole, etc.
119. Parole and discharge by order of
court.
120. Powers of special justices of courts
in certain cases.
121. Records of proceedings of commit-
ments.
122. Commitments of defective delin-
quents, how made.
123. Expenses of commitment, etc.
124. Time of taking effect of certain pro-
visions.
Definitions.
Care of the
insane,
feeble minded,
epileptic, etc.
1884, 234,
§§ 1, 2.
1892, 243.
1895. 375.
1898, 196;
433, i 9.
GENERAL PROVISIONS.
Section 1. The following words as used in this chapter, unless the 1
context otherwise requires, shall have the following meanings: 2
"Commissioner", commissioner of mental diseases. 3
"Department", department of mental diseases. 4
"Institution", hospital or other institution, public or private, under 5
the general supervision of the department. 6
"Judge", judge or justice. 7
"Residence", residence or place where found. 8
"State hospital", state hospital, state school, state colony or other 9
state institution under the control of the department. 10
"State", state, territory, or dependency of the United States. 11
Section 2. The commonwealth shall have the care, control and 1
treatment of all insane, feeble minded and epileptic persons, and of 2
persons addicted to the intemperate use of narcotics or stimulants, the 3
care of whom is vested in it by law, and of each person who shall here- 4
after be received into any state hospital. No county, city or town shall 5
Chap. 123.] commitment and care of insane, etc. 1479
6 establish or maintain any institution for the care, control and treatment is99. lm.
7 of insane, feeble minded or epileptic persons, or of persons addicted to §§ i,'2,%.'
8 the intemperate use of narcotics or stimulants, or be liable for the board, "se.gY.'ioo.
9 care, treatment or act of any inmate thereof.
1903, 321. 1908, 613; 1)29. 1 Op. A. G. 50.
1905,282. 1909, 504, §§ 1. 107.
POWERS AND DITIES OF THE DEPARTMENT.
1 Section 3. The department shall have general supervision of all ^ope""^"'"
2 public and private institutions for insane, feeble minded or epileptic ^"^JJ™;^"^^
3 persons, or for persons addicted to the intemperate use of narcotics or i89s, 433, § 9^
4 stimulants, and shall have charge of all such persons the care of whom 2,6.'
5 is vested in the commonwealth by law, and supervision of all other 1909' 504, §§7,
6 persons received into any of said institutions. It shall supervise and Jgu, 752,
7 control any institution placed under it by the governor with the advice f|i|' 235, 53.
8 and consent of the council, and when so directed by the governor it shall \^\f J|^ ^ g,
9 assume and exercise the powers of the trustees of any state hospital in J^^^JA^^' J^g*-
10 any matter relative to the conduct or management thereof. It shall 4 0p*. a. 6.79!
11 have the same powers relative to state charges in institutions under its
12 super\'ision, and to their property, as is vested in towns and boards of
13 public welfare in the matter of the support and relief of persons in need.
1 Section 3A. The department shall take cognizance of all matters Department.
2 affecting the mental health of the citizens of the commonwealth, and to menttf '"^
3 shall make investigations and inquiries relative to all causes and condi- 1922' 519. 5 2.
4 tions that tend to jeopardize said health, and the causes of mental disease,
5 feeble-mindedness and epilepsy, and the effects of employments, con-
6 ditions and circumstances on mental health, including the effect thereon
7 of the use of drugs, liquors and stimulants. It shall collect and dis-
8 seminate such information relating thereto as it considers proper for
9 diffusion among the people, and shall define what physical ailments,
10 habits and conditions surrounding employment are to be deemed dan-
11 gerous to mental health.
1 Section 4. The commissioner shall administer the laws relative to Department,
2 persons in institutions under the general supervision of the department to brexecutive
3 and shall prepare rules and regulations for the consideration of the 1879,291,
4 department. ^ ^^^'■''■
p. S. 79, §§2,3. R. L.87. §52,3. 1914, 762, §§ 1,9.
1898,433, §§2, 3. 1909, 504. §§ 3, 4, 107. 1916, 285, § 4.
1 Section 5. The department shall act as commissioners of insanity. Department
„ . , . . ' , . PI- • I i-i- f may investi-
2 With power to investigate the question ot the insanity aiui condition oi gate sanity of
3 any person who is an inmate of any institution for the insane, public or inSuutions.
4 private, or restrained of his liberty by reason of alleged insanity at any r a'87,H i. '
5 place within the commonwealth, and shall discharge any such person, }|^^; ^^J; | jj
6 if in its opinion he is not in.sane or can be cared for after such discharge fggg foi^lg.
7 without danger to others and with benefit to himself. All questions as l°l'.^^^^^ ggg
8 to the sanity of inmates of the penal, reformatory and other institutions "
9 of the commonwealth who present indications of insanity shall be re-
10 ferred to and determined by the department, except as otherwise provided
11 by law.
1 Section 6. The department shall be a corporation for the purpose Department
„»,. Ill- 11.. ■ . PI 11 made corpora-
2 01 taking, holding and administering in trust tor the commonwealth any tion to manage
1480
COMMITMENT AND CARE OF INSANE, ETC.
[ClIAP. 123.
certain trust
property.
1910, 583, § 1.
1928, 338.
grant, devise, gift or bequest made either to the commonwealth or to 3
it, for the use of persons under its control in any state hospital, or, if the 4
acceptance of such trust is approved by the governor and council, for 5
expenditure upon any work which the department is authorized to 6
undertake. '
Management
of state hos-
pitals by
department.
1S32. 183, I 1.
1834, 150, § 1.
R. S. 48. i 3.
G. S. 73, §4.
P. S. 87, § 7.
1884, 322,
§§ 5. 6.
1889, 414, § 5.
1890, 378, § 3.
1892, 425. § 4.
1895, 483,
§§4,6.
R. L. 87,
H 15. 27.
1906, 508,
§§2,6.
Section 7. The department shall provide for the efficient, economical
and humane management of the state hospitals. It shall establish
by-laws and regulations, with suitable penalties, for the government
of said state hospitals, shall determine the salaries of the officers and
employees thereof in accordance with the provisions of sections forty-
five to fifty, inclusive, of chapter thirty, and shall provide for a monthly
inspection and trial of fire apparatus belonging thereto, and for the
proper organization and monthly drill of the officers and employees in
use of the apparatus. It shall ascertain by actual examination and
inquiry whether commitments to the state hospitals are made according 10
to law. ■ 11
1909, 504, §1 18, 107.
1914,762. §§6.9.
1915, 241, § 1.
1931, 301, § 93.
Department,
duties
relative to new
construction.
1898, 433. § 10.
R. L. 87, § 7.
1906, .508. § 10.
1907, 520.
1909, 504,
§§ 8. 107.
1914, 762,
§§ 5, 9.
Section 8. The department, subject to the approval of the governor
and council, shall select the site of any new state hospital and any land to
be taken or purchased by the commonwealth for the purposes of any
new or existing state hospital. It shall have charge of the construction of
any new building at any such state hospital, shall determine the design
thereof, and for this purpose may employ architects and other experts or
hold competitions for plans and designs. If any land or property is
taken or purchased by the department, title shall be taken in the name
of the commonwealth.
1
2
O
4
5
6
7
8
9
Department SECTION 9. The department and the trustees of the state hospitals, 1
semi-annual' or their representatives, shall meet semi-annually for consultation and 2
meetings. , i • j.- "i
1898, 433, § 20. to promotc harmonious action. <>
R. L. 87, § 11. 1909, 504. §§ 13, 107.
Department to
establish, etc.,
hospital dis-
tricts. Com-
mitments
regulated.
1887. 346,
§§ 1. 2.
1896, 482.
1897, 451, § 3.
1898, 433, § 28.
R, L. 87,
§§31,32.
1924, 287, § 1.
Section 10. The department shall divide the commonwealth into
districts, may change the districts from time to time, and shall desig-
nate the state hospitals to which insane, epileptic and feeble minded
persons and persons addicted to the intemperate use of narcotics and
stimulants from each district shall be committed. All such persons
within each district shall be committed to the state hospitals designated
for the district; except that persons from any district may be committed
to the Westborough state hospital under section fifty-sL\, or to any state
hospital when the expense of their support is paid by themselves or friends
or upon the written approval of the department, to the McLean hospital, 10
to any private institution the person having charge of which is licensed 11
under section thirty-three or to an institution estabfished and main- 12
tained by the United States government the person having charge of 13
which is licensed under section thirty-four A. 14
S.Tou'ra^rsd-'' Section 11. The department shall encourage scientific invest iga- 1
entific invcati- ^Jqjj j^y ^j^g, Qjgdical staft's of the various institutions, shall publish from 2
gallons. Ke- «' > a • • n i i • • l 1 O
ports, etc. time to time bulletms and reports oi the scientinc and clniical work 6
Chap. 123.] commitment and care of insane, etc. 1481
4 done therein, and shall prescribe to the superintendents or manajiers of '4'1'g^'''
5 the several institutions the forms of, and periods covered by, the statis- j*; l 87 § 5.
6 tical returns to be made by them in their annual reports. §§ o,'io7.'
1 Section 12. The department may establish and maintain free clinics Department
2 for the feeble minded in the districts established under section ten, which "IV, tree '^ '
3 shall be in charge of physicians of the state schools for the feeble minded, (,'.™iT minded.
4 or of such other physicians skilled in the care and treatment of the ''■''^' ^'*' 5 1-
5 feeble minded as may be designated by it. It may also employ such
6 persons as may be required properly to conduct the said clinics.
1 Section 13. The department shall establish and maintain a registry Department
2 of the feeble minded, and may report therefrom such statistical informa- Sc registry '
3 tion as it deems proper; but the name of any person so registered shall mindedfetc.
4 not be made public except to public officials or other persons having '^^®' ^'*' ^ "■
5 authority over the person so registered, and the records constituting the
6 registry shall not be open to public inspection.
1 Section 13A. Such of the powers and duties conferred or imposed ^j.'jjfiihy^ene
2 upon the department, relating to the cause and prevention of mental certain powers '
3 disease, feeble-mindedness, epilepsy and other conditions of abnormal 1922, 5i9,§3.
4 mentality, as the commissioner may determine may be exercised and
5 performed by the division of mental hygiene. In addition to said
6 powers and duties, said division shall institute inquiries and investi-
7 gations for the purpose of ascertaining the causes of mental disease, in-
S eluding epilepsy and feeble-mindedness, with a view to its prevention.
9 It may also establish, foster and develop out-patient clinics.
1 Section 14. The department shall visit each institution at least once Department
2 a year, and oftener if the governor so directs. It shall ascertain by actual fnsutuUons.
3 examination and inquiry whether the laws relating to the persons in if^L. It^'iV*
4 custody or control therein are properly observed, shall give such direc- jj^.^fof
5 tions as will insure correctness in the returns required in respect to such \\^2'9^^'
6 persons, and may use all necessary means to collect all desired informa- isie. |85. § 5.
7 tion. It shall carefully inspect every part of the institution visited with
8 reference to its cleanliness and sanitary condition, the number of patients
9 in seclusion or restraint, the dietary of the patients and any other matters
10 which it considers material, and shall offer to every patient an opportunity
11 for an interview with its visiting members or agents.
1 Section 15. The commissioner shall make an annual report contain- Annual re-
2 ing an accurate account of the receipts and expenditures for each sep- iS i63, §2.
3 arate state hospital, an inventory of the property thereof on November R^^i'^l^is^'
4 thirtieth, and a statement of the market value of any products of such 5^||; ^J^; | };
5 state hospital, and of the labor, if any, performed by the inmates thereof. J^se, 247,^ §^3.
6 It may also contain information embodying the experience of this and 1859,177 §^2.
7 other countries relative to the best and most successful methods of is79. 291. § 7.
8 caring for such persons as come under the supervision of the department. 87.' § 9. '
9 The commissioner shall also make an annual report relative to the \llj] f 70! ^ ^
10 condition and needs of each state hospital.
IS89. 414, § 1,S. R. L. 87, §§ 3, 4, 29. 1915, 241, § 2.
1892,425,5 4. 1906, 184; 508. § 3. 1918, 257, § 308.
1895,483,5 6, 1909, 504. §M. 5, 20, 107. 1919. 5; 350. § 8.
1898, 433, §§ 3-5. 1914, 762, §§ 3, 8, 9. 1920, 2.
1482
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 123.
Boarding out
of insane per-
sons regulated.
1885, 385, § 1.
1886. 101, § i.
1898, 433,
§§ 24, 28.
R. L. 87, § 102.
1903, 400.
1905, 458, § 1.
1909, 504,
§§71. 107.
1914. 493.
1921,317, §1.
Section 16. The department may place at board in a suitable 1
family or in a place in this commonwealth or elsewhere any patient in 2
an institution who is in the charge of the department and is quiet and 3
not dangerous nor committed as a dipsomaniac or inebriate, nor addicted 4
to the intemperate use of narcotics or stimulants. Any such patient in 5
a state hospital may so be placed at board by the trustees thereof, and 6
such boarder shall be deemed to be an inmate of the state hospital. 7
The cost to the commonwealth of the board of such patients supported 8
at the public expense shall not exceed four dollars and fifty cents a week 9
for each patient. 10
Same subject.
Homes with
provisions for
occupational
therapy.
1930, 338.
Section 16A. Tlie department, or the trustees of state hospitals 1
with the approval of the department, may place at board, under direc- 2
tion, in approved private homes, with provisions for occupational 3
therapy, such patients under supervision as they believe will be bene- 4
fited from a period of training therein. Any such patient in a state 5
hospital so placed at board by the trustees thereof, shall be deemed to 6
be an inmate of the state hospital. The number of patients so placed 7
shall be approved by the department. The cost to the commonwealth 8
of the board of such patients supported at the public expense shall not 9
be limited by the amount specified in section sixteen. 10
bolrdedout. Section 17. The bills for the support of persons who are placed
how 'aid''"^'^''' ^* board in families by the department shall be payable monthly by the
1885, 385 §2 commonwealth and shall be audited by said department, which shall,
1905,' 458, § 2. ■ at the end of each month, present to the comptroller a schedule of all
§§°72,To*7. such bills incurred, and shall keep a register in such form that the comp-
1923, 362, § 74. ^^.^ij^j. gj^^^jj ^^ ^^^^ ^^ ^.^^.j^^ ^^^^ schcdulc.
Removal of
neglected
boarders.
Temporary
release.
1885, 385,
R. L. 87, §
1905, 458,
1909, 504,
§§ 74, 107,
§4,
Section IS. The department shall cause to be removed to an insti-
tution used wholly or in part for the care of the insane or to a better
boarding place all persons who, upon visitation, are found to be abused,
105. neglected or improperly cared for when placed at board in families. It
may permit any boarder temporarily to leave custody as an insane
person in charge of his guardian, relatives, friends or by himself, for a
period not exceeding one year, and may receive him again into such
custody when returned by such guardian, relatives, friends or upon his 8
own application, within such period, without any further order of com- 9
mitment, and may during such temporary absence assist in his main- 10
tenance to an amount not exceeding three dollars and twenty-five cents 11
a week. 12
Agents to visit
persons
boarded in
families.
1885, 385, § 3.
1886, 101, § 4.
1898, 433, § 27.
R. L. 87, § 104.
1905, 458, § 3.
Section 19. The department shall cause all persons placed at board 1
by it in families at public expense to be visited at least once in three 2
months, and shall cause all persons placed at board in families at public 3
expense by the trustees of any state hospital to be visited once in six 4
months, by an agent of the department. 5
1909,504, §§73, 107.
^Mr"r^"*' Section 20. The department, subject to the following section, may 1
power to transfer to and from any institution any inmate thereof who, in its 2
remove or Opinion, is a proper subject for admission to the institution to whicli he 3
1859^255. is to be transferred; but no such inmate shall be transferred to be de- 4
Chap. 123.] commitment .\nd care of ins-^ne, etc. 1483
5 tained as an insane person unless he has been duly committed as insane g. s. 7i. 57.
6 by a judge or court. A record of such transfer shall be entered in the i879,'29i] 53!
7 registers of the institutions to and from which he is transferred. The rs'.'to,*'
8 commitment papers, together with an abstract of his hospital case record, ilgg, 298.
9 shall be transmitted with him to the institution to which he is transferred. 1^°^- ^^^
10 The department may also remove any inmate in any state hospital to }^^f'*J|' 1 1^-
1 1 any country, state or place where he belongs, and may enter into an ism! ige';
12 agreement with the corresponding board or commission of any other isgs. 390. h 5,
13 state for the transfer of any insane person from one state to the other 1897,^418.^' ^'"
14 where, after a full investigation of all the facts, he may be deemed equi- §§^n,*i^6%i,
15 tably to belong; but no such person shall be removed outside this com- ^s^g ^^^
16 monwealth if he is subject to the orders of a court of this common- isoo, 451, § s.
1 1*1' 11 K. Li. bo,
17 wealth, except that any such person who is subject to such orders may |§42. 43- se,
18 be so remo\ed from Bridgewater state hospital at any time when he 66. sV-s'g,
19 would have been entitled to parole if he had not become insane. In i565.4oo.
20 making such transfers and removals the department, so far as practi- iosI''§^8.^'
21 cable, shall employ nurses or attendants instead of officers of the law, \l°l' *g|-
22 and shall employ female nurses or attendants to accompany female f|j'i'''3lj'f •
23 patients.
1917,131. 1922, 410, §4. 1 Op. A. G. 322,
1921, 317, 5 2. 1923, 245, § 1. 490, 528.
1 Section 21. The department shall not transfer any person to or from Transfers to
2 an institution the person having charge of which is licensed under section ?ate°institu-
3 thirty-three or thirty-four A except upon the application of the super- voluntary °*
4 intendent or manager of such institution and of the legal or natural Jggf/'ils.
5 guardian of such person, nor transfer any voluntary inmate of any institu- Jg^^ ^j|'g5 1^.
6 tion, except with his written consent.
1898, 433, § 12. 1909, 504, §§ 70, 107. 1 Op. A. G. 67.
R. L. 87, § 90. 1924. 287, § 2.
1 Section 22. The department shall have the same authority with re- Care. etc.,
2 gard to the transfer of insane inmates of the wards of the state infirmary sta'tTfnfirmary
3 now or hereafter used for the care of the insane, which it has over the nfenf."""^''
4 transfer of inmates of state hospitals, under section twenty; but the said H^^- Hf^ | Jg
5 wards shall remain under the jurisdiction of the trustees of the state i^^' ^^4.
6 infirmary and the control of its superintendent.
1 Section 22A. The department shall, subject to all provisions of law Bridgewater
2 now or hereafter in effect, have the same supervision over the commitment special pTo-^ '
3 of insane persons to the Bridgewater state hospital as it has over the Igosl'lef.Ti.
4 commitment of insane persons to other state hospitals under the pro-
5 visions of this chapter; it shall have the same authority to discharge or
6 transfer inmates of said Bridgewater state hospital who are not under
7 sentence, or whose sentences have expired, as it has to discharge or trans-
8 fer inmates of other state hospitals. In construing this section a maxi-
9 mum and minimum sentence shall be held to have expired at the end of ;
10 the minimum term, and an indeterminate sentence, at the end of the
11 maximum period fixed by law. But the said Bridgewater state hospital
12 shall remain under the jurisdiction of the department of correction and
13 the control of the superintendent of the state farm. Nothing herein con-
14 tained shall be construed as conferring on the department of mental
15 diseases any authority to change or vary, except as herein provided, the
16 decree or order of a court having competent jurisdiction.
1484
COMMITMENT AND CARE OF INSANE, ETC.
[ClIAP. 123.
Department SECTION 23. If the department has reason to beheve that an insane,
commitment, epileptlc OF feeble minded person who is a proper subject for treatment or
isil'zss. § 7. custody in an institution, is confined in an infirmary or other place at the
rsM).4u, §1. public charge or otherwise, it shall cause application to be made to a
R^t 87?'§ M*' judge for the commitment of such person to an institution.
1931, 394, §212.
Department
to prescribe
forms, keep
records of
commit-
ments, etc.
1895, 286, § 2.
1898, 433,
§§ 8, 17, 19.
R. L, 87.
§§36-38.
1909, 504,
§§ 11, 107.
Section 24. The department shall prescribe the forms of application, 1
medical certificate and order of commitment required by law in the com- 2
mitment and admission of all persons to the institutions under its super- 3
vision, which shall be the only forms used in such commitments and ad- 4
missions. It shall keep records of all such commitments and admissions 5
and shall secure compliance with the laws relative thereto, and shall in- 6
vestigate the propriety of any commitment or admission, notice whereof 7
is received under any provision of sections three to one hundred and 8
twelve, inclusive. 9
LIST OF state hospitals.
List of state
hospitals.
1830, Res. 133.
1839, 131.
1851, 251;
Res. 44.
1855, 454.
1861, Res. 26.
1862. 223, § 1.
1870, 238.
1873. 239.
1874, Res. 18.
1877,227;
252, § 1.
1878, 216, § 2.
P. S. 87, §§ 2, 56.
1884,322, §§ 1, 3.
1886, 298, § 4.
1889, 414, § 1.
1892, 425, § 1.
1895, 483, §§ 1, 2.
1900, 451, § 5.
R. L. 87, §§ 13, 16,
19-22, 114.
1919, 74; 350, § 81.
1920, .537, § 1.
1922, 410, § 5.
1925, 293, § 3.
1930, 403, § 3.
Section 25. The state institutions under the control of the depart- 1
ment shall be Worcester state hospital, Taunton state hospital, North- 2
ampton state hospital, Danvers state hospital, Grafton state hospital, 3
Westborough state hospital, Foxborough state hospital, Medfield state 4
hospital, Monson state hospital, Gardner state colony, Wrentham state 5
school, Boston state hospital, Walter E. Fernald state school, Boston 6
psychopathic hospital, Belchertown state school, Metropolitan state 7
hospital, and such others as may hereafter be added by authority of law. 8
1905,400. 1910,283.
1906, 313; 508. 1917, 115.
1907, 421. 1918. 139, § 2; Sp. 119
1908, 613, § 2.
1909, 504, §1 14, 60,107.
1910, 635.
1912, 530; 679.
1914, 358; 442, § 3; 456.
1915,68; 79, §3; 170.
Supervision
of state
hospitals.
1832, 163, 5 1.
1834, 150, § 1.
POWERS AND DUTIES OF TRUSTEES, ETC., OF STATE HOSPITALS.
Section 26. The trustees of each state hospital shall have charge of
the general interests thereof, and shall see that its affairs are conducted
according to law and to the by-laws and regulations established by them.
R. S.48, §2. 1892, 425, §4. 1909. 504. §§17. 107 ._
G. S. 73, § 3.
P. S. 87, § 6.
1884, 322, § 5.
1889, 414, § 5.
1895, 483,
1900, 451, §§ 4, 6.
R. L. 87, §§ 15, 26.
1906, 508, § 2.
1914. 762, §8, cl. b, § 9.
1915, 241, § 2, cl. b.
1920. .'■,37, § 2.
227 Mass. 88.
Trustees,
certain powera
and duties.
1832, 163, § 9.
1834, 150, § 10.
R. S. 48, § 4.
1842, 96.
G. S. 73, § 2.
P. S. 87, § 5.
1884, 322, § 4.
1889,414, § 3.
1892, 425, § 4.
1.S95, 483, § 3.
1900, 451,
§§4,5.
R. L. 87,
§§ 15, 23,24.
1906, 508, 5 4.
1909, .504.
§§ 16. 107.
1920, 537, § 2.
Section 27. The trustees of each state hospital shall be a corporation
for the purpo.se of taking and holding, by them and their successors, in
trust for the commonwealth, any grant or devise of land, and any gift or
bequest of money or other personal property, made for the use of the state
hospital of which they are trustees, and for the purpose of preserving and
investing the proceeds thereof in notes or bonds secured by good and suf-
ficient mortgages or other securities, with all the powers necessary to
carry said purposes into effect. They may expend any unrestricted gift
or bequest, or part thereof, in the erection or alteration of buildings on 9
land belonging to the state hospital, subject to the approval of the de- 10
partment, but all such buildings siiall belong to the state ho.spital and be 11
managed as a part thereof. 12
Ch.\P. 123.] COMAIITMENT AND CARE OF INSANE, ETC. 1485
1 Section 28. The trustees of each state hospital, with the approval of Jp™^J;;^Vupcr-
2 the department, shall appoint and may remove from such state hospital: i';J;;j;J,\°"""*
3 (a) A superintendent, who shall be a physician and shall reside at the isaa, wi. § i.
4 state hospital. With the approval of the trustees he shall appoint and r.'s.'48, 53. "
5 may remove assistant physicians and necessary subordinate officers and p. s.' 87,' § 7.'
6 other persons. In state hospitals receiving female patients and employ- |f5%"*^' ^^^'
7 ing more than two assistant physicians one of them shall be a woman. {I^?;^^; ft
8 (b) A treasurer, who shall give bond for the faithful performance of his isss! 483; § 4.
9 duties.
1900, 451, §§ 4. 6. 1909, 504, §5 18, 107. 1918,239.
R. L. 87. §§ 15, 27. 1914,702,55 6.9. 1920, 537, § 2.
1906, 508, § 2. 1915, 241, § 1.
1 Section 29. The trustees of each state hospital shall have the follow- Trustees, ad-
2 ing powers and duties in addition to any other powers given and duties andXties."^ °
3 imposed by this chapter:
1832,163, § 1. 1889, 414, § 5. 1909, 504, §§ 17. 107.
1834, 150, § 1. 1892,425,5 4. 1914, 762, §5 8, 9.
R. S. 48, §2. 1895.483,5 6. 1915,241,5 2.
G. S. 73, §3. 1900, 45, §§4, 6. 1918.121.
P. S. 87, 16. R. L. 87, §5 15, 26. 1919,350,5 81.
1884, 322, I 5. 1906, 508, § 2. 1920, 537, 5 2.
4 (a) Except as otherwise provided in this chapter, they shall retain all
5 powers and duties now conferred or imposed upon them by law, and shall
6 maintain an effective and proper inspection of their respective state hos-
7 pitals, and shall from time to time make suggestions to the department
8 as to improvements therein, especiall_v such as will make the administra-
9 tion thereof more effective, economical and humane.
10 (b) There shall be thorough visitations of each state hospital by at i|32, i63, 1 2.
11 least two of the trustees each month. Every trustee shall visit his state r. s.' 48, §5.
12 hospital at least semi-annuallv, and a maioritv of the trustees of each i,s56! 247] § 2.
13 state hospital shall visit it at least cjiiarterly. Reports of the visits shall p. s.'87,' § 9.'
14 be transmitted to the department whenever matters are observed which \llf^ j^; ^ ^'
15 need its attention.
1889. 414, § 18. 1900, 451, 55 4, 6. 1909. .504, §5 20, 107.
1892. 425. 5 4. R. L. 87, §5 15, 29. 1914. 7G2, 55 8, 9.
1895. 483, 5 6. 1906, 508, § 3. 1915, 241, 5 2.
16 (c) They shall carefully inspect every part of the state hospital, either
17 as a board or by committees, with reference to cleanliness and sanitary
18 condition, the number of persons in seclusion or restraint, dietary matters,
19 and any other matters which merit observation.
20 (d) Upon request of the department, the trustees shall investigate any
21 sudden death and any accident or injury, whether self-inflicted or other-
22 wise, and send a report of the same to the department.
23 (e) All trustees shall have free access to all books, records and accounts 1852, 269, § 2.
24 pertaining to their respective state hospitals, and shall be admitted at all p.s.'s?,' § 16.
25 times to" the buildings and premises thereof.
1889, 414, 5 19. 1906, 508, § 3. 1914, 762, §5 8, 9.
R. L. 87, § 30. 1909, 504, §§ 22, 107. 1915, 241, § 2.
26 (/) They shall keep a record of their doings, and shall record their visits
27 to the state hospital in a book kept there for that purpose. They shall
28 transmit promptly to the department a copy of the proceedings of each
29 meeting.
30 ig) They shall personally hear and investigate the complaints and re-
31 quests of any inmate, officer or employee of the state hospital. If they
32 deem any such matter of sufficient importance, after determining what,
33 if anything, should be done relative thereto, they shall make written re-
34 port of their determination to the department.
1486 COMMITMENT AND CARE OF INSANE, ETC. [ChAP. 123.
(/;) They may at any time cause the superintendent or any officer or 35
employee of the state hospital to appear before them and answer any 36
questions or produce any books or documents relative to the state 37
hospital. 38
1898. I^^'^y^- (i) They shall consider every proposed taking or purchase of land for 39
1906' 508, § 10. the state hospital, the site of every new building and all plans and specifi- 40
1909! 504] cations for the construction or substantial alteration of buildings, the 41
19U. 662; grading of grounds and other substantial improvements, and shall report 42
i9i5,^2«,^§ 2. thereon to the department within such reasonable time as it shall fix. No 43
such taking, purchase, construction or substantial alteration or improve- 44
ment shall be made until it has been submitted to the trustees and until 45
they have reported thereon, or until the time fLxed by the department for 46
their report has expired. 47
of patten™, SECTION 30. The trustccs of each state hospital shall cause to be 1
mi 649 given to the nurses, attendants and patients thereof instruction in such 2
191?! 50. arts, crafts, manual training, kindergarten and other branches and lines of 3
occupation as may be appropriate for the patients to undertake, especially 4
such patients as are physically unfit to perform the usual work in or about 5
the hospitals. 6
pirionl" Section 31. The trustees of each state hospital shall cause all persons 1
boarded out ^j^q are placcd at board by them in families at public expense to be visited 2
1905. 4.58, § 3. at least once in three months, and shall inform the department of the 3
§§73, 107. location of every person so placed at board. 4
1920, 537, § 2.
Supervision of SECTION 32. All accounts for the maintenance of each of the state 1
1901, 3o°3. § 1. hospitals shall be approved by the trustees thereof or, if the trustees so 2
1905! 175. § 1. ' vote, by the chairman or some member designated by him, or by the 3
§§'95.°io7. superintendent, and shall be filed with the comptroller, and shall be 4
19^2' 193' ^ ^' paid bv the commonwealth. Full copies of the pay rolls and bills shall 5
1923! 362; § 75. ^g j^cpt at cach hospital. 6
PRIVATE HOSPITALS, ETC.
futkTnif ifcrases SECTION 33. The department may annually license any suitable 1
to maintain. persou to establish or have charge of an institution or private house for 2
supervision by *^ , p i . .1 . p i i .11 1 .-,
department. tliB care and treatment of the insane, epileptic, feeble minded, and 6
PS.' 87, §53.' persons addicted to the intemperate use of narcotics or stimulants, and 4
fam.th^^^^' may at any time revoke the license. No such license shall be granted 5
ilu.'7^62,' ^"i" the care and treatment of insane or epileptic persons unless the said 6
1916 285 department is satisfied, after investigation, that the person •applying 7
5§ e.'s ' therefor is a duly qualified physician, as provided in section fifty-three, 8
1926! 229! § i! and has had practical experience in the care and treatment of such 0
3 Op! A. G. patients. No such license shall be granted for the care and treatment of 10
persons addicted to the intemperate use of narcotics or stimulants unless 11
the department is satisfied, after investigation, that the person applying 12
therefor is a physician who is a graduate of a legally chartered medical 13
school or college, and that he has been in tiic actual practice of medicine 14
for the three years next preceding his application for a license; nor unless 15
his standing, character and professional knowledge of inebriety are 16
satisfactory to the department. Licenses granted hereunder shall expire 17
with the last day of the year in which they are issued, but may be re- 18
359, 563.
Chap. 123.] commitment and care of insane, etc. 1487
19 newed. The department may fix reasonable fees for said licenses and
20 renewals thereof. All places required by this and the following section
21 to be in charge and under the direct personal supervision of a licensee of
22 the department shall be subject to supervision and visitation by said
23 department, in so far as they are not already subject thereto under any
24 other provision of this chapter.
1 Section 34. Whoever keeps or maintains an institution or private nicgaimain-
2 house for the care or treatment of persons mentioned in the preceding gu?h"institu-
3 section, unless the same is in charge of, and under the direct personal Vs™!, 288?'§^9!''
4 supervision of, a person duly licensed as provided therein, shall be ^- -^ ^^^ s s*^
5 punished by a fine of not more than five hundred dollars.
1909, 504. §§ 25, 107. 1916, 285, §§ 7, 8. 1926, 229, | 2.
1914, 762, §§ 7, 9. 1917, 232, § 2.
1 Section .34A. The department may also license annually physicians, Federal hoa-
2 qualified as provided in section fifty-three who have had practical ex- msaneyet-
3 perience in the care and treatment of persons suffering from mental dis- trmaintaiT^
4 eases, to have charge of institutions established and maintained by the ^^'^*- ^*^' ^ 3-
5 United States government for the care and treatment of persons who
6 have been in the military or naval service of the United States and are
7 suffering from mental disease, and may at any time revoke any such
8 license. Licenses granted hereunder shall expire with the last day of
9 the year in which they are issued, but may be renewed. The depart-
10 ment may fix reasonable fees for said licenses and renewals thereof.
restraint.
1 Section 35. No restraint in the form of muffs or mitts with lock Restraint
2 buckles or waist straps, wristlets, anklets or camisoles, head straps, pro- igu.^slg', § i.
3 tection sheets or simple sheets when used for restraint, or other device
4 interfering with free movement, shall be imposed upon any patient in
5 any institution unless applied in the presence of the superintendent, or
6 of the physician or of an assistant physician of the institution, or on his
7 written order, which order shall be preserved in the files or records of the
8 institution. Such devices shall be applied only in cases of extreme vio-
9 lence, active homicidal or suicidal condition, physical exliaustion, in-
10 fectious disease, or following an operation or accident which has caused
ir serious bodily injury, except that in cases of emergency restraint may be
12 imposed without the presence of the superintendent, physician or assist-
13 ant physician, and without a written order; but every such emergency
14 case, after the imposition of such restraint, shall immediately be reported
15 to the superintendent or to the physician or assistant physician of the
16 institution, who shall immediately investigate the case, and approve or
17 disapprove the restraint imposed.
1 Section 36. The superintendent or head physician of each institu- Restraint,
2 tion, or in his absence one of the assistant physicians, shall personally pfemen^ts" ""'
3 keep under lock and key all implements or devices of restraint not in lai'.s^g, §3.
4 actual use.
1 Section 37. The superintendent or head physician of each institution Restraint,
2 shall cause records of all restraint to be kept in a book provided for that Definition
3 purpose. The book shall be open for inspection at all times by the trustees j^^; I.*®'
4 or other persons having control of the institution, the department, the
1488
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 123.
governor and council, and members of the general court, and shall con- 5
tain a complete record relative to the restraint, including the cause for 6
restraint, the form used, the name of the patient, the time when the 7
patient was placed under restraint and the time when he was released. 8
"Restraint" in sections thirty-five to thirty-eight, inclusive, shall also 9
include therapeutic and chemical restraint and confinement in a strong 10
room, or seclusion in solitary confinement, except when the patients are 11
placed in their rooms for the night, but shall not include the prolonged 12
bath, the hot or cold pack, or medication when it is used as a remedial 13
measure and not as a form of restraint. 14
Penalty.
1911, 589, § 5.
Section 38. Any supervisor, attendant or other employee of any 1
institution who knowingly violates or willingly permits to be violated 2
any provision of the three preceding sections shall be punished by a fine 3
of not less than fifty nor more than three hundred dollars. 4
Patients' funds.
Deposit, etc.
1918, 176, § 1.
MISCELLANEOUS PROVISIONS AFFECTING INSTITUTIONS.
Section 39. The superintendent of each state hospital may deposit I
in any bank or trust company within the commonwealth funds belonging 2
to patients and funds deposited by their relatives or friends to be used 3
for their benefit, in an account entitled "Patients' Funds". 4
Same subject.
Disposition
of unclaimed
funds
regulated.
1930, 176.
Section 39A. So much of any funds known as "Patients' Funds" as
represent monies belonging to, or deposited for the benefit of, patients who
have been discharged or have escaped from any state hospital, which shall
have remained unclaimed for more than ten years, shall be paid by the
superintendent of such state hospital to the state treasurer to be held
subject to be paid to the person establishing a lawful right thereto, with
interest at the rate of three per cent per annum from the time when it was
so paid to the state treasurer to the time when it is paid by him to such
person; provided, that so much of any monies so paid to the state treas- 9
urer as may be necessary to reimburse the department for any sum due 10
for the support of the person by whom, or for whose benefit such money 11
was originally deposited, shall be credited to the department for that pur- 12
pose. After sLx years from the date when any such monies were paid to 13
the state treasurer the same or any balance thereof then remaining in his 14
hands may be used as a part of the ordinary revenue of the common- l5
wealth. Any person may, however, establish his claim after the expiration 16
of the six years above mentioned and any claim so established shall be 17
paid from the ordinary revenue of the commonwealth. Any person 18
claiming a right to money deposited with the state treasurer under this 19
section may establish the same by a petition to the probate court; pro- 20
vided, that in cases where claims amount to less than fifty dollars, the 21
claims may be presented to the comptroller who shall examine the same 22
and allow and certify for payment such as may be proved to his satis- 23
faction. 24
Fire apparatus
and escapes.
1890, 378,
§§1,2.
R. L. 87, § 25.
1906, 508, § 6.
1909, 50},
§§ 20, 107.
Section 40. Each institution shall be provided with proper means
of escape from fire and suitable apparatus for the extinguishment of fire,
and no building shall be erected or maintained at such institution with-
out a written certificate of approval from the building inspector of the
department of public safety for the district in which it is to be erected
or maintained.
1
2
3
4
5
6
Chap. 123.] commitment and care of insane, etc. 1489
1 Section 41 . The trustees, superintendent or manajjer of each insti- ^■■yj|,J?^},f„<:>
2 tution shall furnish all the information required by the department, and formation to
3 shall immediately notify the department if there is any question as to ^«p''"""'='"-
4 the propriety of the commitment of any person received therein. jfl,' u.^'
R. L. 87. §§ 3G, 38. 1905, -JSS. § 3. 1909, 504, §§ 27, 73, 107.
1 Section 42 Ensineers, firemen and head farmers employed in state Certain em-
2 hospitals shall be exempt from chapter thirty-one. from dvii
1919, 350, § 80. faws?Itc.
1 Section 43. The superintendent and the assistant physicians at the J^'^^^t'j^'^pMf^,
2 Westboroueh state hospital shall be of the homoeopathic school of superintendent
® *^ and assistant
3 medicine. physicians.
1884,322,5 6. 1909, .504, §U8, 107. 1915, 241, § 1.
R. L. 87, § 27. 1914, 702, §§6,9.
1 Section 44. [Repealed, 1931, 426, § 26.]
1 Section 45. The Walter E. Fernald state school, the Belchertown ^^0°'^°^^^^
2 state school and the Wrentham state school shall each maintain a school Depa'"rt™ents.'
3 department for the instruction and education of feeble minded persons \lll] HI; | };
4 who are within the school age or who in the judgment of the trustees f^^- fos.S'u!
5 thereof are capable of being benefited by school instruction, and a cus- |f|i,\°o*7.
6 todial department for the care and custody of feeble minded persons i92f'«0; | f-
7 beyond the school age or not capable of being benefited by school in- " '
8 struction.
1 Section 46. Persons received by the Walter E. Fernald state school, |'e'?ep?ro''nl'"*'
2 by the Belchertown state school and by the Wrentham state school shall ^'„^f ;,Si,°°^
3 be classified in said departments as the trustees shall see fit, and the "^f-g^p^l^^g ^ ^
4 trustees may receive and discharge pupils, and may at any time discharge isse! ws, 1 2^
5 any pupil or other inmate and cause him to be removed to his home. r, l'. sV, Vuei
1906, 508, § 15. 1909, 504, §§ 62, 107. 1922. 410, § 7. 1925, 293, § 5.
1 Section 47. The trustees of either of the state schools mentioned in same^subject.
2 the two preceding sections may, at their discretion, receive any feeble admissi9n
3 minded person from any part of the commonwealth upon application t'eeble'rohidcd
4 being made therefor by the parent or guardian of such person, which ^gg-^lsg, § 6.
5 application shall be accompanied by the certificate of a physician, quali- JssS; If^-j^fy,
6 fied as provided in section fifty-three that such person is deficient in i906; sos. § i6.
7 mental ability, and that in the oi)inion of the physician he is a fit subject SS^ei w.^^
8 for said school. The physician who makes the said certificate shall have lan] 223! § 2.
9 examined the alleged feeble minded person within five days of his signing ^^'' ^^"'^ ^*^-
10 and making oath to the certificate. The trustees of either of said state
11 schools may also, at their discretion, receive any person from any part
12 of the commonwealth upon the written request of his parent or legal
13 guardian, and may detain him for observation for a period not exceeding
14 thirty days, to determine whether he is feeble minded.
1 Section 48. The governor, with the advice and consent of the Hospital cot-
,» . p 1 1 • 1 J.J. i? tages for cnu-
2 council, shall annually appoint a trustee ot the hospital cottages tor dren. Trus-
3 children, for five years. The appointive trustees shall serve without com- andd^utres"
4 pensation, and, with the trustees elected by said corporation, shall have fsSr°%i,
5 the management of the business and property of the corporation and the II^q%^^^2.
6 general supervision of its cottages. The trustees shall annually prepare 1892', 407.
1490 COMMITMENT AND CARE OF INSANE, ETC. [ChAP. 123.
1S98. 433. § 24. and send to the department a written report of all its proceedings, income 7
?§ 124*^125. and expenditures, properly classified, for the year ending on November 8
sfle.ToT. thirtieth, stating the whole number and average number of beneficiaries, 9
1 op.A. G. 68. .(.j-jg number and salaries of oflScers and persons employed, and such other 10
information as the department requires. U
Same subject. SECTION 49. The department may send to and keep at the hospital 1
drroTobe' cottages for children such number of children afflicted with epilepsy as 2
1887, 441, § 4. shall be approved by the trustees and superintendent thereof, to be 3
isll: 433; 1 24. maintained at such expense to the commonwealth as shall be determined 4
1909: 504.^ ^^'^' by said department and said trustees. 5
§§ 67, 107. 1918, 121.
COMMITMENTS, ETC.
Commitment of SECTION 50. A justice of the superior court, in any county, and 1
Amhon"^°°^' either of the judges of probate for Suft'olk county, the judge of proljate 2
1833; 95. ^ ^' for Nantucket county, or a justice or special justice of a district court, 3
R*^s.'48°§6!'' except the municipal court of the city of Boston, within his county, 4
ill: If' ^ ^' niay commit to any institution for the insane, designated under or 5
1853:318, described in section ten, any insane person, then residing or being in 6
1856, 108, § 1. said county, who in his opinion is a proper subject for its treatment or 7
§§8: 19' custody; provided, that commitments to the Gardner state colony may 8
1864: lis: I i: be made only by a justice or special justice of a district court and only 9
1873:275: ^ ^' when authorized by the department; but such special justice may make 10
293*'U6; Hi such commitment only in case of the incapacity of the justice, his absence 11
1879 195 § 1 ' ^'"o"^ the district, interest, or relationship to the applicant or to the person 12
p s'87.^§ ii^.' to be committed, or when specially authorized by the justice to act in the 13
nj.'. fll\33. case, or when the justice is absent from the court building and the special 14
justice is holding court in his place. 15
1904. 459, § 1
1905, 447,
1909, 504, §§29, 107. 1918,2.57.1309. 1920, ^ „„„„, „,„
1914, 473. 1919, 5; 49, § 1. Op. A. G. (1920) 238.
Order of com- SECTION 51. No pcrsou shall be Committed to any institution for the 1
1834, 150, § 3. insane designated under or described in section ten, except the Walter E. 2
H6,7.*' Fernald state school, the Belchertown state school and the Wrentham 3
0^1:73^' state school, unless tliere has been filed with the judge a certificate in 4
1862, 223, accordance with section fifty-three of tiie insanity of such person by two 5
i879l95!§2. properly qualified physicians, nor without an order therefor, signed by 6
i88o:|5o: §1 a judge named in the preceding section stating that he finds that the 7
14.' ' ' ' person committed is insane and is a proper subject for treatment in a 8
lilt', 53^' ^' hospital for the insane, and either that he has been an inhabitant of the 9
1895; 429: commonwealth for the six months immediately preceding such finding or 10
wlVI.^'^^*' that provision satisfactory to the department has been made for his 11
r°l' l7°§ 34 maintenance or that by reason of insanity he would be dangerous if at 12
1M9' 504' large. The order of commitment shall also authorize the custody of the 13
§§30, 107. insane person either at the institution to which he shall first be committed 14
1925: 293; § 6: or at some other institution to which he may be transferred. Said judge 15
iii°Mas's.'308. shall scc and examine the alleged insane person, or state in his final order 16
169 Mass. 387. ^j^^ reason why it was not considered necessary or advisable so to do. The 17
hearing, unless a jury is summoned, shall be at such place as the judge 18
shall appoint. In all cases he shall certify in what place the insane person 19
resided or was at the time of his commitment; or, if the commitment is 20
ordered by a court under section one hundred or one hundred and one the 21
court shall certify in what place the insane person resided or was at the 22
Chap. 123.] commitment and care of insane, etc. 1491
23 time of the arrest upon the charge for which he was held to answer before
24 such court. Such certificate shall, for the purposes of the preceding
25 section, be conclusive evidence of the residence of the person committed.
1 Section 52. If in the opinion of the judge additional medical testi- Additional
A ^ijv.Ai'-'i-, ^w. J. i.. I ^ n 1 ,1 1 • • J • I I medical testi-
2 mony as to the mental condition of the alleged insane person is desirable, Jig°'^y-5gFf|-3j.
3 he niay appoint a third physician to examine and report thereon. The ' '
4 fee for making such examination and report shall be four dollars, and
5 twenty cents for each mile traveled one way.
1 Section 53. No physician shall make a certificate of insanity under Quaiificadons
2 section fifty-one unless he makes oath that he is a graduate of a legally certifying to
3 chartered medical school or college, that he has been in the actual prac- 'ism!' 223, § s.
4 tice of medicine for three years since his graduation and for three years }|?^; ?^?; 1 1\
5 last preceding the making of said oath, and that he is registered as a fsgll'^og^ "■
6 physician in accordance with chapter one hundred and twelve, nor un- |«9f;|«6.
7 less his standing, character and professional knowledge of insanity are il^l. 87^ § 35.
8 satisfactory to the judge. The physician who makes such certificate shall 1909: sot,
9 have examined the alleged insane person within five days of his signing igie'e?. '
10 and making oath to the certificate, and shall state therein that in his }?fifafs. u.
11 opinion such person is insane and a proper subject for treatment in a hos- J2^p49''o Z^'
12 pital for the insane, and the facts upon which his opinion is based. A 3 0p.A.G.289.
13 copy of the certificate, attested by the judge, shall be delivered with the
14 insane person to the superintendent of the institution to which the person
15 shall have been committed, to be kept on file with the order of commit-
16 ment, and said superintendent shall forthwith transmit to the depart-
17 ment copies of such certificate, of the statement required by the following
IS section and of the order of commitment. Any certificate bearing date
19 more than ten days prior to the commitment of any person alleged to be
20 insane shall be void, and no certificate shall be valid or received in evi-
21 dence if signed by a physician holding any office or appointment, other
22 than that of consulting or advisory physician, in an institution for the
23 insane to which such person is committed.
1 Section 54. Upon each application for the commitment or admission statcment^^_
2 of a person as a patient to an institution, a statement in a form prescribed Tion for com-
3 by the department shall be filed with the application, or within ten days No'tTce"tirlia-
4 after the commitment or admission, giving as nearly as can be ascertained \'^^li l\^-
5 the facts therein required. A copy of the statement shall be transmitted g^ s^Tfj
6 to the superintendent of the institution and filed with the order of com- i|62. 223. | s.
7 mitment or the application for admission. In the case of insane persons, p. s-'s^t, \\5.
8 the superintendent of the institution shall within two days after the MOR.rM.
9 reception of the patient send notice of his commitment or admission by §§33Ao7.
10 mail, postage prepaid, to all persons whose addresses appear on the said
11 statement, and to any other two persons whom the patient may designate.
1 Section 55. After hearing such evidence as he may consider sufficient , Appr*|5^°°
2 the judge may, either before or after the certificate required by section sane person.^
3 fifty-one has been filed, issue a warrant for the apprehension and bring- p. s.|7_. Ue^
4 ing' before him of the alleged insane person, if in his judgment the con- 1909. 504,
5 dition or conduct of such person makes such action necessary or proper. 8^34, 107.
6 Pending examination and hearing, such order may be made relative to
7 the care, custody or confinement of the alleged insane person as the
8 judge shall see fit. :,
1492
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 123.
Commitment
or transfer to
Westborough
state hospital
for hom<co-
pathic treat-
ment.
1884. 322, § 7.
R. L. 87. § 40.
1909, 504,
§§ 35, 107.
Section 56. In making a commitment of an insane person, the judge 1
shall inquire of the applicant for his commitment whether he desires the 2
insane person to be treated according to homoeopathic principles of medi- 3
cine, and if he does, such insane person shall be committed to the West- 4
borough state hospital in preference to any other place, if that state hos- 5
pital is capable of receiving him; and any inmate of any other state 6
hospital desiring homoeopathic treatment, or for whom such treatment 7
is desired by his family or by the applicant for his commitment, may be 8
transferred by the department to the Westborough state hospital. 9
Jury trial on
question of
sanity.
1837, 228. § 1.
G. S. 73, § U.
Section 57. The judge may, in his discretion, issue a warrant to the 1
sheriff or his deputy, directing him to summon a jury of six men to hear 2
and determine whether the alleged insane person is insane. 3
1862, 223, § 6. R. L. 87, § 42. 237 Mass. 591.
P. S. 87, §17. 1909, 504, §§36, 107.
Selection and
impanelling
of jury.
1837, 228, § 2.
G. S. 73, § 12.
1862, 223, § 6.
P. S. 87. § 18.
R. L. 87, § 43.
1909, 504.
§§ 37, 107.
1919, 333, § 6.
1920, 2.
Section 58. The jurors shall be selected in equal numbers from the 1
town where the trial is had and one or two adjoining towns, as the judge 2
shall order, and in Suffolk and Nantucket counties they may all be 3
taken from one town. The officer receiving the warrant shall in WTiting 4
require the board authorized to draw jurors in such towns to return 5
not less than two nor more than six jurors from each town; and the 6
jurors shall be drawn, summoned, returned and impanelled as provided 7
in chapter two hundred and thirty-four for civil cases, except that they 8
need not be summoned more than twenty-four hours before the time 9
appointed for their attendance. In the superior court the jurors may 10
be selected from such traverse jurors in attendance at any session of 11
said court in the same county as may be available. 12
Judge to pre-
side at trial.
Verdict.
1837. 228. § 3.
G. S. 73, § 13.
Section 59. The judge shall preside at such trial and administer to 1
the jury an oath faithfully and impartially to try the issue, and the ver- 2
diet of the jury shall be final. 3
p. S. 87, §19. R. L. 87, §44. 1909, 504. §§ 38, 107.
Deficiency in
jury, how
supplied, etc.
1837, 228, § 4.
G. S. 73, § 14.
P. S. 87, § 20.
R. L. 87, § 45.
1909, 504,
§§39, 107.
Section 60. If by reason of challenges or otherwise there is not a full
jury of the persons summoned, the judge shall cause the officer who
served the summons, or in his absence the officer attending the jury, to
return persons to supply the deficiency; and shall have the same au-
thority as the superior court to enforce the attendance of jurors and
witnesses and to impose fines for non-attendance.
Fees of
officers,
jurors and
witnesses.
1837, 228, § 2.
1848, 271.
1855, 120.
G. S. 73. § 15.
1862, 223, § 6.
p. S. 87, 5 21.
Section 61. The officer who summons and attends the jury shall
receive therefor four cents a mile for all necessary travel, and one dollar
and fifty cents for each day that he attends upon them; and the jurors
and witnesses shall be entitled to such compensation as is prescribed for
traverse jurors impanelled to try cases other than murder in the first
degree and witnesses in civil actions before the courts, respectively.
R. L. 87, § 46. 1909, 504, §§ 40, 107. 1931, 426, § 232.
Commitment of
dipsomaniacs,
etc., regulated.
Limit of de-
tention.
1885, 339,
1889, 414,
§§ 6-8.
1891, 158,
1899, 266,
325, § 1.
§1.
Section 62. Any of the judges named in section fifty, or a judge of
the municipal court of the city of Boston, may commit to the state
farm, or to any other institution under the department of correction
that may be designated by the governor, to the McLean hospital, or to
a private licensed institution, by an order of commitment, directed to the
trustees, superintendent, or manager thereof, as the case may be, made
€hAP. 123.] COMMITMENT AND CARE OF INSANE, ETC. 1493
7 in accordance with section fifty-one, and accompanied by a certificate, }90^-]fl0-
S in accordance with section fifty-three, by two physicians quahfied as r. l'. h'.'
9 therein provided, any male or female person, who is subject to dipso- igos/joo.
10 mania or inebriety either in public or pri^-ate, or wlio is so a(hJicted to 5" m,'™07.
11 the intemperate use of narcotics or stimulants as to have lost the power Jy[g; 73*-
12 of self-control. The judge receiving the application for such commit- \l\i^% ^^
1.3 ment shall examine on oath the applicant and all other witnesses, and J^l^^j^^ji^s: m!
14 shall reduce the application to writing and cause it to be subscribed and
1.5 sworn to by the applicant. He shall cause a summons and copy of the
16 application to be served upon such person in the manner provided by
17 section twenty-five of chapter two hundred and seventy-six. Such
15 person shall be entitled to a hearing unless after receiving said summons
19 he shall in writing waive a hearing, in which case the judge may issue
20 an order for his immediate commitment as aforesaid, without a hearing,
21 if he is of opinion that the person is a proper subject for custody and
22 treatment in the institution to which he is committed. The commit-
23 ment may be made forthwith, if the examining physicians certify the
24 case to be one of emergency-. A person committed as aforesaid may be
25 detained for two years after the date of his commitment, and no longer.
1 Section 63. A person may appeal from the order of commitment as Appeal from
.,. ^11' 1 ji-i J. p order of com-
2 a dipsomaniac or inebriate, or as addicted to the intemperate use oi nar- mitment as
3 cotics or stimulants, to the superior court sitting for crhninal business in ^jpsomamac,
4 the county from which he is committed, in the manner provided by sec- gf^!),*"'
5 tion twenty-two of chapter two hundred and twelve, but he shall be held }|99' ^6|; 5 2.
6 in such institution to abide the final order of the court until he recognizes R^^L- 87^ § 62.
7 in the manner provided in section eighteen of chapter two hundred and §§ si, 107.
8 seventy-eight. Upon such appeal the judge who ordered the commitment
9 may bind the witnesses by recognizance as provided in chapter two hun-
10 dred and seventy-six, and shall make a copy of the order of commitment
1 1 and other proceedings in the case and transmit the same with the recog-
12 nizance, if any, to the clerk of the superior court. If the appellant so
13 requests, an issue or issues shall be framed and submitted to a jury in
14 the superior court.
1 Section 64. If the appellant fails to enter and prosecute his appeal °4%"ros'ecution
2 he shall be defaulted on his recognizance, and the superior court may o'g|PP|^[ ^ j3
3 enter an order in like manner as if he had been ordered to be committed r. i'. 87, §63.'
4 by that court; and process may issue, if necessary, to bring him into §§ 52, 107.
5 court to be recommitted.
1 Section 65. At any time before the copy of the proceedings has been withdrawal
2 transmitted to the superior court, the appellant may be brought or may ProSure.
3 appear personally before the judge from whose order the appeal was r**?;. |7!§ m*'
4 taken, who may in his discretion, at the appellant's request, permit him 5^5°|;i,''i°o7.
5 to withdraw his appeal and abide by the order of said judge. Thereupon
6 the judge shall order that the appellant comply with the order appealed
7 from in the same manner as if it were then imposed.
1 Section 66. Any judge of probate, within his county, upon written Commitment
2 application, if he finds that a person residing or being within said county for' the
3 is a proper subject for the Walter E.Fernald state school, the Belchertown reKuiat™" "
4 state school or the Wrentham state school, may commit him thereto by an }||g; Ig^; 1 1;
5 order of commitment, du-ected to the trustees thereof, made in accordance R l. 87, § iis.
1494
COMMITMENT AND CARE OF INS.YNE, ETC.
[CiL\P. 123.
1906, 508,
1909. 504,
§§ 63, 107.
1916, 122,
1917, 223,
1922, 410,
1925, 293,
1931, 288,
202 Mass.
§12.
§1.
§1.
§9.
§7.
§1.
536.
with section fifty-one, and accompanied by a certificate in accordance 6
with section fifty-three by a physician, quahfied as therein provided, that 7
such person is a proper subject for said school, and all provisions of said 8
section shall apply to such certificate, except that the physician's exami- 9
nation of the alleged feeble minded person shall have occurred within 10
ten days of the signing and making oath to the certificate, which shall 11
bear date not more than twenty days prior to the commitment of such 12
person. The order of commitment shall also direct the sheriff, deputy 13
sheriff, constable, police officer, or other person to apprehend and convey 14
the said person to the school to which he has been committed. Such order 15
shall be void if such person shall not be received at the school named 16
therein within sixty tlays after the date of such order. Unless the person 17
sought to be committed is present at the time of the hearing, or the appli- 18
cation is made by some one legally entitled to his custody, notice of the 19
application and of the time and place of hearing shall be given to the 20
person sought to be committed, and the order of commitment shall state 21
what notice was given or the finding of facts which made notice unneces- 22
sary, and shall authorize custody of the person until he shall be discharged 23
by order of a court or otherwise in accordance with law. 24
Commitment
of feeble
epartment
Powers of
department.
1921,441, § 1
1924,88, § 1.
Section 66A. If an alleged feeble minded person is found, upon 1
minded persons examination by a physician qualified as provided by section fifty-three, 2
to department. * , ' i. • i • i j" i £ i o
to be a proper subject for commitment, the judge oi probate tor the 6
county in which such person resides or is found may upon application 4
commit him to the custody or supervision of the department; but no 5
person shall be so committed unless the approval of the department shall 6
be filed with the application for his commitment. If he is committed 7
to the custody or supervision of the department, the department shall 8
thereafter ha\e power, whenever advisable, to transfer him to a state 9
school for the feeble minded, or may cause an application to be made for 10
his removal to a department for defective delinquents, and such person 11
may be so removed in the manner ]5ro\ided by section one hundred and 12
sixteen. If the alleged feeble minded person is committed to the custody 13
or supervision of the department of mental diseases, the said department 14
may temporarily release him in the manner provided by, and subject to, 15
the provisions of section eighty-eight, or may discharge him under section 16
eighty-nine. 17
Judicial
inquiry as to
commitment
or discharge of
inmates of
schools for the
feeble minded.
1906, 309, § 1.
1907,489, § 1.
1909, 504,
§§ 65, 107.
1922, 410, § 10.
1925, 293, § 8.
Section 67. If an inmate of the Walter E. Fernald state school, the
Belchertown state school or the Wrentiiain state school has reached the
limit of school age, or if in the judgment of the trustees he is incapable of
being further benefited by school instruction, or if the question of the
commitment to or continuance in either of the said schools of any inmate,
including inmates who may have been transferred from one department
to another of such school, under section forty-six, is in the (ipinion of the
trustees and of the department a proper subject for judicial inquiry, the
probate court for Middlesex county, for Hampshire county or for Norfolk
county, respectively, upon the written petition of said trustees, or of said
department, or of any member of either body, and after such notice as the
court may order, may, in its discretion, order such inmate to be brought
before the court, and shall determine whether or not he is a feeble minded
person, and may commit him to such school or either department thereof, 14
or may order him to be discharged therefrom. 15
9
10
11
12
13
Chap. 123.] commitment and care of insane, etc. 1495
1 Section 68. The provisions relative to the commitment of insane General pro-
. . ; p . . 1 11 1 • • 1 • visions relative
2 persons to an institution tor the insane shall, unless it is otherwise ex- torommitment
3 pressly provided in this chapter, apply to and govern commitments under l^h^n."^^"'
4 sections sixty-two to sixty-five, inclusive, or any of them, except that jssl,': lu', I?!
5 when an alletration of mental condition is required it shall be specifically ^''j'' ''!^y'\%\\
G alleged that a person who is committed under said sections is a dipso- l'-^",;': ■\'{j^
7 maniac or inebriate or is so addicted to the intemperate use of nar- 177 >iass. ii.
8 cotics or stimulants as to have lost the power of self-control.
1 Section 69. Apersonwhoissubject to epilepsy, if he is not a criminal, ^f°i™™f^^°'
2 an inebriate, or violently insane, may, if insane, be committed to the J;^';'^/.'','^^^
3 Monson state hospital, in accordance with the provisions of this chapter 'l^^'-j^'^^;
4 relative to the commitment of other insane persons, or, if dangerous to isgg'.Vu, § i.
5 himself or others by reason of epilepsy, may be committed thereto in the idoe, 352.
6 manner provided for the commitment of dipsomaniacs and inebriates. J909; tli]
1911, 71. § 1. §§57' 107-
1 Section 70. Except as provided in section sixty-six, an order of or°d™"voS^°*'
2 commitment of a person to an institution shall be void if such person J^gY" ''73 '
3 shall not be received at the institution within thirty days after the date wie! 12^; § 1.
4 of such order.
1931, 288, I 2.
1 Section 71. Warrants and all other processes issued by a judge for service of
2 the apprehension or commitment of insane persons, or of dipsomaniacs, 1880,256, § i.
3 inebriates, or persons addicted to the intemperate use of narcotics or r.l.87', §«'.
4 stimulants, or of feeble minded persons, or of those subject to epilepsy, j^^li.^'iOT.
5 may be directed to and served by a court officer, by any sheriff, deputy i^i^- i^e.
6 sheriff, constable or police officer, or by any private person whom the
7 judge may designate; and such warrants and processes may run into
8 any county where any person to be apprehended or committed may
9 be found, and any of the officers or persons to whom such warrants
10 and processes are directed may serve the same in any part of the
11 commonwealth.
1 Section 72. Upon committing a woman to any institution the judge Commitment
2 shall designate her father, husband, brother or son, or some woman, to attendants.
3 be the attendant or one of the attendants to accompany her to the r.°l. s?^ § 57.
4 mstitution.
1909, 504, §§47, 107.
1 Section 73. Except as is otherwise provided, the compensation of o(°";ig°sf''°°
2 the judges, physicians and officers taking part in the commitment or physicians,
3 admission of persons to institutions in accordance with sections three isse, 223, § 4.
4 to one hundred and twelve, inclusive, shall be as follows: The judge, if i85o!235.
5 required to go from his office or place of business to see and examine the g. s.' 73, '
6 person committed or admitted, shall be allowed all necessary expenses of H.Yu"'
7 travel. If a special justice hears and determines the application he }*^|; |f?; ^ ^•
8 shall receive compensation at the rate provided in section six of chap- js^g, 222. ^ ^
9 ter two hundred and eighteen; provided, that he shall not receive more fgl/'l'gg^j^s^'
10 than four dollars and the necessary expense of travel for each commit- iskUos'. '
11 ment. The fee for each physician making a certificate shall be four r l'. 87,'
12 dollars, and twenty cents for each mile traveled one way. The fees for flot^'/at, "*'
13 officers serving process shall be the same as are allowed by law in like f^^fe |o8, § 12.
14 cases.
1909, 504, §§ 48, 107.
1496
COMMITMENT AND CARE OF INSANE, ETC.
[Ch.\p. 123.
Commitment,
etc., expenses
of, how paid.
1837, 228, § 5.
1838,31.
1850, 235.
G. S. 73,
§§ 16, IS.
1880, 250, § 3.
1881, 186, § 1.
P. S. 87, § 24.
1899,211, § 5.
R. L. 87,
§§49,73.
1905, 475.
1906, 471.
1909, 504,
§§49, 107.
1810, 420.
1926, 104.
194 Mass. 486.
Section 74. All necessary expenses attending the apprehension, ex-
amination, trial, commitment or delivery of an alleged insane, epileptic
or feeble minded person, dipsomaniac, inebriate or one addicted to the
intemperate use of narcotics or stimulants, committed to a state hospital,
shall be allowed and certified by the judge and presented as often as once
a year to the county commissioners of the county in which such person
was committed, who shall examine and audit the same. Necessary
expenses attending the apprehension, examination or trial of any person
sought to be committed to a state hospital but not so committed, shall
be so presented, examined and audited if they have been allowed in the
discretion of the judge and certified by him. All necessary expenses of
examination and delivery of persons mentioned in section eighty-seven,
and of examination of an alleged insane, epileptic or feeble minded per-
son, dipsomaniac, inebriate or one addicted to the intemperate use of
narcotics or stimulants in any other case where there is no application
for commitment, when allowed in the discretion of a judge authorized
to make commitments of such persons if their condition is found to be
as alleged and certified by him, shall be presented as often as once a year
to the county commissioners of the county, where the judge certifying the
expenses was authorized by law to make commitments, who shall ex-
amine and audit the same. All ex-penses certified, examined and audited
as provided in this section shall be paid by the proper county. Such
expenses shall be repaid to the county paying them by the county, if
any, of which the person committed, the person for whose commitment
application was made and refused, the person mentioned in section
eighty-seven or the person examined for whose commitment no appli-
cation was made, as the case may be, is an inhabitant; but if the person
committed or for whose commitment application was made but refused,
or examined as aforesaid, is an inmate of an institution of any depart-
ment of the commonwealth at the time of his commitment or of the
denial of the application for commitment or of his examination as afore-
said, such expenses shall be repaid to the county paying them by the
county of which such inmate was an inhabitant at the time of his ad-
mission or commitment to such institution, or, if he was not an inhabit-
ant of any county, by the county from which he was sent to such insti-
tution. The necessary expenses of returning to a state hospital a person
temporarily absent therefrom, under section eighty-eight, shall be paid
by such person or his guardian, relative or friend if of sufficient ability,
or may be paid by the county where he is found, if the condition of the
person returned is such that a new commitment would be necessary if
he were not returned; such expenses shall be certified and audited as in
the case of a commitment, and shall be repaid as hereinbefore provided
by the county of the person's residence. If application is made for the
commitment of a person whose expenses and support are not to be paid
by the commonwealth, the said expenses shall be paid by the applicant
or by a person in his behalf.
Commitment,
judge to keep
docket, etc.
1880, 2.50, § 2.
P. S. 87, § 22.
R. L. 87. § 47.
1904, 4.59, 5 2.
1909, 504,
§§ 41. 107.
1
4
5
6
7
8
9
10
11
12
13
14
1.5
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Section 75. Each judge shall keep a docket or record of the causes
relative to insane persons coming before him, numbered or otherwise
properly designated, and the disposition thereof. lie shall also receive
and keep on file the original application, statement of applicant and
certificate of physicians, and the cojiy of the order of commitment, at-
tested by, and with the return thereon of, the officer or other person
serving the same. Said docket or record and other documents required
Chap. 123.] commitment and care of insane, etc. 1497
8 to be kept as above shall be transmitted, on the death, resignation or
9 removal of the judge to his successor in office.
1 Section 76. The department may develop, extend and complete a Psychopathic
2 state wide system of psychopathic hospital service by establishing and spTviS
3 maintaining new hospital and out-patient units in suitable districts in HH'^ ^gf; j i_
4 connection with existing or future state hospitals. The administration of
5 the separate new district units and the appropriations granted therefor
6 shall be in accordance with the laws governing the state hospitals to
7 which the land, buildings and furnishing of said units shall appertain.
8 The direction of the scientific work in such units shall be vested in the
9 department by means of its duly appointed agents.
1 Section 77. If a person is found by two physicians qualified as pro- observation,
2 vided in section fifty-three to be in such mental condition that his com- for^^Proo^d-
3 mitment to an institution for the insane is necessary for his proper care 'igog'soJrMS.
4 or observation, he may be committed by any judge mentioned in section J^is. *9. § i;
5 fifty, to a state hospital, to the McLean hospital, or, in case such person 1924, 19^
6 is eligible for admission, to an institution established and maintained by
7 the United States government, the person having charge of which is
8 licensed under section thirty-four A, for a period of thirty-five days pcnd-
9 ing the determination of his insanity; provided, that such commitments
10 shall be made to Gardner state colony only when legally authorized by the
11 department. Within thirty days after such commitment the superin-
12 tendent of the institution to which the person has been committed shall
13 discharge him if he is not insane, and shall notify the judge who com-
14 niitted him, or if he is insane he shall report the patient's mental condition
15 to the judge with the recommendation that he shall be committed as an
16 insane person, or discharged to the care of his guardian, relatives or friends
17 if he is harmless and can properly be cared for by them. Within the said
18 thirty-five days, the committing judge may authorize a discharge as afore-
19 said, or he may commit the patient to any institution for the insane as an
20 insane person if, in his opinion, such commitment is necessary. If, in the
21 opinion of the judge, additional medical testimony as to the mental con-
22 dition of the alleged insane person is desirable, he may appoint a physician
23 to examine and report thereon.
24 In case of the death, resignation or removal of the judge committing a
25 person for observation, his successor in office, or, in case of the absence or
26 disability of the judge committing a person as aforesaid, any judge or
27 special justice of the same court, shall receive the notice or report pro-
28 vided for by this section and carry out any subsequent proceedings
29 hereunder.
1 Section 78. The superintendent or manager of any institution for Temporary
2 the insane, in the case of Gardner state colony when so authorized by the persons vio-
3 department, may without the order of a judge required by sections fifty elc'. witS'
4 and fifty-one, receive into his custody and detain in such institution for °ll" 272,°"^''
5 not more than five days any person whose case is certified to be one of p^s;|7^ 5526,
6 violent and dangerous insanity or of other emergency by two physicians 2?^^^ ^^^ ^ ^
7 qualified as provided in section fifty-three by a certificate conforming in R^^l. st^ § 52.
8 all respects to said section, which certificate may be filed with a judge, §§42,107
9 as the certificate required by section fifty-one. The officers mentioned in
10 section ninety-five or any member of the state police shall, upon the re-
11 quest of the applicant or of one of the said physicians, cause the arrest and
1498
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 123.
delivery of such person to such superintendent or manager. The person 12
apjjlying for sucii admission shall within five days cause the alleged insane 13
person to be committed to or removed from the institution, and failing 14
so to do shall be liable to the commonwealth, in the case of a state hospital, 15
or to the person maintaining the institution, in the case of a private 16
institution, for the expenses incurred and to a penalty of fifty dollars, 17
which may be recovered in contract by the state treasurer, or the person 18
maintaining the private institution, as the case may be. 19
1929. 222.
4 Op. A. G. 467
M™?fSne Section 79. The superintendent or manager of any institution for
pe"o^^n«ding ^]^g ingane, in the case of the Gardner state colony when so authorized by
care. etc. the department, may, when requested by a physician, member of the
1915, 174: board of health, sheriff, deputy sheriff, member of the state police, select-
1919, 49, § 2, ^^^^^^ police officer of a town or by an agent of the institutions department
of Boston, receive and care for in such institution as a patient, for a period
not exceeding ten days, any person needing immediate care and treatment
because of mental derangement other than delirium tremens or drunken-
ness. Such request for admission of a patient shall be put in writing and
be filed at the institution at the time of his reception, or within twenty-
four hours thereafter, together with a statement in a form prescribed or
approved by the department, giving such information as it deems appro-
priate. Any such patient deemed by the superintendent or manager not
suitable for such care shall, upon the request of the superintendent or
manager, be removed forthwith from the institution by the person re-
questing his reception, and, if he is not so removed, such person shall be
liable to the commonwealth or to the person maintaining the private
institution, as the case may be, for all reasonable expenses incurred under
this section on account of the patient, which may be recovered in contract
by the state treasurer or by such person, as the case may be. The super-
intendent or manager shall cause every such patient either to be examined
by two physicians, qualified as provided in section fifty-three, who shall
cause application to be made for his admission or commitment to such
institution, or to be removed therefrom before the expiration of said
period of ten days, unless he signs a request to remain therein under
section eighty-sLx. Reasonable expenses incurred for the examination
of the patient and his transportation to the institution shall be allowed,
certified and paid as provided by section seventy-four.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Temporary
care of
persons ad-
dieted to in-
temperate use
of narcotics,
etc.
1917, 232, § 3.
1922, 535, § 5.
1931, 426,
§ 233.
Section 80. The superintendent or manager of any institution to
which commitments may be made under section sixty-two may, when
requested by a physician, by a member of the board of health or a police
officer of a town, by an agent of the institutions department of Boston,
by a member of the state police, or by the wife, husband, guardian or,
in the case of an unmarried person having no guardian, by the next of
kin, receive and care for in such institution, as a patient for a period
not exceeding fifteen days, any person needing immediate care and
treatment because he has become so addicted to the intemperate use of
narcotics or stimulants that he has lost the power of self-control. Such
request for the admission of a patient shall be made in writing and filed
at the institution at the time of his reception, or within twenty-four 12
hours thereafter, together with a statement, in a form prescribed by the 13
department having supervision of tlie institution, giving such inforina- 14
tion as it deems appropriate. Tlu> trustees, sui)erintendent or manager 15
of such institutions shall cause to l)e kept a record, in sucii form as the 16
1
2
3
4
5
6
7
8
9
10
11
Chap. 123.] commitment and care of ins.^xe, etc. 1499
17 department liaving supervision of the institution requires of each case
IS treated therein, which siiall at all times he open to the inspection of such
19 department and its agents. Such record shall not be a pul)lic record,
20 nor shall the same be received as evidence in any legal proceeding. The
21 superintendent or manager of such an institution shall not detain any
22 person received as above for more than fifteen days, unless, before the
23 expiration of that period, such person has been committed under section
2-i sixty-two, or has signed a request to remain at said institution under
25 section eighty-six.
1 Section 81. Whenever a patient is received into any institution the J;^']j^^°„^
2 superintendent or manager thereof shall give immediate notice of such of receipt of
" " f o _ ,, ,, ,-1 J. .1 insane persons
3 reception to the department, statmg all the particulars ot the case, ex- at institution.
4 cept where such information is contained in copies required to be sent p. s.'87,"'§29.'
5 to the department by section fifty-three.
1SS6, inl, § 4. 1909, 504, §§ 46, 107. 1919. 5.
R. L. 87, § 54. 1918, 257, §§ 310. 311. 1920, 2.
1905, 432, § 2.
1 Section 82. No person suffering from insanity, mental derangement, l^^l^^l^J
2 deliriums, or mental confusion, except delirium tremens and drunkenness, ^"j^p^J^J.^'^'^-
3 shall, except in case of emergency, be placed or detained in a lockup, po- eare^by board
4 lice station, city prison, house of detention, jail or other penal institution when''
5 or place for the detention of criminals. If, in case of emergency, any such horpafd, etc.
6 person is so placed or detained, he shall forthwith be examined by a phy- ^^^^- ^^*-
7 sician and shall be furnished suitable medical care and nursing and shall
8 not be so detained for more than twelve hours. Any such person not so
9 placed or detained who is arrested by or comes under the care or protec-
10 tion of the police, and any other such person who is in need of immediate
11 care and treatment which cannot be provided without public e\-pense,
12 shall be cared for by the board of health of the town where such per-
13 son may be. Such board of health shall cause such person to be ex-
14 amined by a physician as soon as possible, shall furnish him with suitable
1.5 medical care and nursing, and shall cause him to be duly admitted or
16 committed to an institution, unless prior to such admission or commitment
17 he shall recover or be suitably provided for by his relatives or friends.
18 Reasonable expenses for board, lodging, medical care, nursing, clothing
19 and all other necessary expenses incurred by the board of health, under
20 this section, shall be allowed, certified and paid in the same manner as
21 provided by section seventy-four.
1 Section 83. The governor may cause an inmate of a state hospital l^'^^'efof
2 to be removed to another state hospital, as the circumstances or the 1,'^ go^°rnor'!'^
3 necessities of the case may in his judgment require.
1853, 318, 5 3. G. S. 73, § 26. R. L. 87. § 85.
1856, 247, 5 5. P. S. 87, § 38. 1909, 504, §§ 68, 107.
1 Section 84. Tiie superintendent of any state hospital for the insane, Detentwn^
2 except Gardner state colony, or of the McLean hospital, may receive for fnsane persons
3 care and treatment any person in the military or naval service of tlie ^"at^s's'ervice
4 United States who is suffering from mental disease and cannot properly ^i^g'^'^'^'J^'^; 1 1.
5 be cared for at the army post, naval station or government hospital i9i9, 49, §i.
6 where he is stationed or happens to be, upon the written application of the
7 medical officer in charge thereof, who shall make a full statement of the
8 case in such form as the department prescribes. Unless otherwise or-
1500
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 12.3.
dered by the proper military or naval authority, persons received into an 9
institution under this section may be detained therein for a period not 10
exceeding sixty days, except that further detention, if necessary, may be 11
authorized by the department. 12
c^nrrarte*^"*' SECTION 85. Thc department may make contracts with the federal 1
1918. 142, § 2. government relative to the support of persons received and cared for 2
under the preceding section on such terms as may be agreed upon. 3
voluntary inmates.
Voluntary
admissions.
1S81, 272, § 3.
P. S. 87, § 28.
R. L. 87, § 53.
1905. 432, § 1.
1906, 316.
1909, 504,
§§ 45, 54, 107.
1918, 139, § 3.
1919, 49, § 2.
1926, 132.
1 Op. A. G.
283.
Section 86. The trustees, superintendent or manager of any insti-
tution to which an insane person, a dipsomaniac, an inebriate, or one
addicted to the intemperate use of narcotics or stimulants may be com-
mitted, in the case of Gardner state colony when so authorized by the
department, may receive and detain therein as a boarder and patient
any person who is desirous of submitting himself to treatment, and who
makes written application therefor and is mentally competent to make
the application; and any such person who desires so to submit himself 8
for treatment may make such written application. No such person 9
shall be detained more than three days after having given written notice 10
of his intention or desire to leave the institution. 1 1
Monson state
hospital, admis-
sion to, etc.,
regulated.
1895, 483, § 10.
1897, 395, § 4.
1898, 213,
U 1-5.
1899, 211,
§§ 2-4.
R. L. 87,
§§67-72.
1907, 432.
1909. 504,
§§58, 107.
1911, 71, § 2.
1 Op. A. G. 515.
Section 87. The trustees of the Monson state hospital may receive 1
and detain therein as a patient any person who is certified to be subject 2
to epilepsy by a physician qualified as provided in section fifty-three, and 3
who desires to submit himself to treatment and makes written applica- 4
tion therefor, and whose age and mental condition are such as to render 5
him competent to make such application, or for whom application is made 6
by a parent or guardian. No such patient shall be detained more than 7
three months after having given written notice of his intention or desire 8
to leave the hospital. Upon the patient's reception at the hospital, the 9
superintendent shall report the particulars of the case to the department, 10
which may investigate the same. 11
Temporary
absence on
leave.
Insane, etc.,
persons.
1883, 78, § 2.
1889,414,
§§8,9.
1899,325, §1.
R. L. 87, §§ 60,
95.
igo.'j, 435.
1909, 504,
§§ 75, 107.
1916, 239.
1917, 48.
165 Mass. 559.
3 Op. A. G. 151.
Op. A. G.
(1920) 213.
RELEASE AND DISCHARGE.
Section 88. The superintendent or manager of any institution, af- 1
ter the examination required by section ninety-four has been made, may 2
permit any inmate thereof temporarily to leave such institution in charge 3
of his guardian, relatives, friends, or by himself, for a period not exceeding 4
twelve months, and may receive him when returned by any sucli guardian, 5
relative, friend, or upon his own application, within such period, without 6
any further order of commitment, but no patient committed under section 7
one hundred and one shall be permitted to temporarily leave the state 8
hospital without the approval of the governor and council, nor shall such 0
permission terminate or in any way afi'ect the original order of commit- 10
ment. The superintendent t)r manager may recjuire as a condition of such 1 1
leave of absence, that the person in whose charge the patient is permitted 12
to leave the institution shall make reports to him of the patient's con- 13
dition. Any such superintendent, manager, guardian, relative or friend 14
may terminate such leave of absence at any time and autiiorize tlie arrest 15
and return of the patient. The officers mentioned in section ninety-five IG
shall cause such a {latient to be arrested and returned upon the request of 17
any such superintendent, manager, guardian, relative or friend. Any 18
Chap. 123.] commitment and care of ins.^ne, etc. 1501
19 patient, unless he has been committed under section one hundred and one,
20 who has not returned to the institution at the expiration of twelve months
21 shall be deemed to be discharged therefrom.
1 Section 88A. The trustees of a state school for the feeble minded |*^b1e'Scd
2 may permit any inmate of the school to leave the institution on parole for p^5;,°"|37
3 such length of time and on such conditions as they may determine and
4 may from time to time extend the period of such parole or change the
5 conditions upon which it is granted. They shall cause an investigation
6 to be made prior to the granting of such parole as to the home into which
7 such inmate is to go if paroled and other conditions and circumstances
8 which may afi'ect his welfare and behavior and shall provide such super-
9 vision of paroled inmates as they deem necessary for his welfare. They
10 shall have such powers as to the revocation of the permit and as to the
1 1 return of the inmate to whom it has been granted as are provided by law
12 for the return of insane and feeble minded persons to the institutions
13 from which they ha\e been temporarily released. No length of absence
14 on parole under this section from a state school for the feeble minded shall
15 be construed as a discharge therefrom.
1 Section 89. The superintendent or manager of a private institution Discharge.
2 described in section three, the superintendent of a state hospital and of the prTviskms.
3 McLean hospital, or of any institution to which commitments may be }^|j; }|g; | f
4 made under section sixty-two, when authorized thereto by the trustees of i83|' i29,^§ 3^^
5 such institution, the trustees themselves, the department having super- js^^ 149 5 1 '
6 vision of the institution, or, on written application, a judge of probate g. s. 73, '§§ 27,
7 for the county where the institution is situated, or where the inmate had is62, 223.
8 his residence at the time of his commitment or admission, or a justice i87\%Vi,
9 of the superior court in any county, after such notice as the said superin- |,^|; ^^
10 tendent, manager, trustees, department having supervision, judge or||g|9-«.^^
11 justice, may consider reasonable and proper, may discharge any inmate }|^^'|39. |3.
12 if it appears upon examination that he will be sufficiently provided for by isqs! 433! § 21.
13 himself, his guardian, relatives or friends, or that his detention in such 325, '§2. '
14 institution is no longer necessary for his own welfare or the safety of the §\ 86,91-94. 96.
15 public. If the legal or natural guardian or any relative of an inmate }^|]g; ^Jj|; 5 is.
16 opposes such discharge, it shall not be made without written notice fj22''53?§6
17 having been given to the person opposing such discharge. This section i6^Mass^559^
IS shall not apply to persons committed by a court under any provision of 2 0p!a;g:i22;
19 sections one hundred to one hundred and five, inclusive.
1 Section 89A. If at any time, after study and observation, the super- Discharge
2 intendent of a state school having custody of a person placed therein per's^nsTrom
3 under section sixty-sLx A is of opinion that such person is not defective, d^anment,
4 or that his further detention is not required for his own or the public wel- l'^-, 4^, ^ ,.
5 fare, he shall so report to the department, which may thereupon discharge i924. ss, § 2.
6 such person from further care and custody. Any parent, guardian, rela-
7 tive or friend of a person committed to the custody or supervision of the
8 department of mental diseases or to a department for defective delin-
9 quents may at any time file a petition for a hearing in the probate court
10 of the county in which such person resided or was found when first com-
11 mitted, to establish that further custody or supervision is not required for
12 the welfare of such person or the public; and upon payment of the neces-
13 sary traveling expenses by said petitioner, from the place where such
14 person is detained to the place of hearing, and the giving of security for
1502
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 123.
the payment of necessary expenses for a return to such place of detention, 15
if a return shall be ordered, the probate court may by order require the 16
attendance of such person at said hearing. Upon filing with the depart- 17
ment of mental diseases or with the commissioner of correction, as the case 18
may be, a certified copy of said order, the department of mental diseases 19
or the commissioner of correction shall authorize and direct the attend- 20
ance of such person at such hearing in compliance with the terms of said 21
order. Notice of such hearing and proceedings thereupon shall be such as 22
are prescribed by the court. 23
Same subject.
Order of court.
1921, 441, § 2.
Section SOB. If, at said hearing, the contention of the petitioner
is sustained, the probate court may order the immediate discharge of
such person and file a copy of such order with the commissioner of mental
diseases or the commissioner of correction, as the case may be, and such
person shall thereupon be discharged accordingly. If such contention is
not sustained, such person shall be remanded to the custody or super-
vision of the department of mental diseases or to the department for
defective delinquents; provided, that the probate court may, in lieu of
such immediate discharge or remand, permit such person to remain in 9
the custody of a relative or friend who shall give security, to be approved 10
by the court, for his safe care and custody and for his appearance in court 1 1
whenever required, until discharged or remanded as herein provided. 12
Discharge of
unrecovered
insane person
regulated.
Petition for
instructions,
when au-
thorized.
Procedure.
1909, 504, § 77.
Section 90. No unrecovered inmate who is known to have committed
or attempted to commit violence to others, or who in the opinion of the
superintendent or manager is, or is likely to become dangerous to others,
shall be discharged from or permitted to leave an institution under either
of the two preceding sections by the trustees, superintendent or manager
without written approval of the department. The department shall not
grant such approval unless the superintendent or manager shall have sub-
mitted to it a written report containing a full statement of the case and of
the reasons for his opinion whether or not the patient is or is likely to 9
become dangerous to others, and such other information as the depart- 10
ment may require, nor unless the department is satisfied by such report 11
or by its own investigation that such inmate is not and is not likely to 12
become dangerous to others, or, if so dangerous, that sufficient precau- 13
tions will be taken to protect the public safety. The department, if it 14
does not agree with such superintendent or manager, may file a petition 15
for instructions in the probate court for the county where the institution 16
is situated, and such court may in its discretion order such inmate to be 17
brought before it and cause him to be examined by one or more experts 18
in insanity, shall determine whether or not he is or is likely to become 19
dangerous to others, and, if so dangerous, whether sufficient precautions 20
will be taken to protect the public safety, and may order him to be dis- 21
charged or to be returned to the institution. Copies of all reports, de- 22
cisions, findings and evidence connected with the case shall be trans- 23
mitted to the institution and made a part of the case record of the inmate. 24
Reasonable expenses incurred by the probate court in such examination 25
shall be approved by the court and paid by the commonwealth. 26
°!phratmi'. (or. Section 91. Any person may make written application to a justice 1
is7i' T'l' 5 3' ^'^ ^^^^ supreme judicial court at any time and in any county, stating 2
PS.' 87*", 542.' that he believes or has reason to believe that a person named in such 3
Chap. 123.] commitment and care of insane, etc. 1503
4 application is confined as an insane person in an institution or other place, R l. 87, § 07.
5 public or private, and ought not longer to be so confined, giving tiie h't^.Tot.
6 names of all persons supposed to be interested in keeping him in con- I922; Ifo, § li.
7 finement, and requesting his discharge. Such an application may like- 1^25. 293, 59.
8 wise be made by any inmate of the Walter E. Fernald state school, of
9 the Belchertown state school or of the Wrentham state school, or by any
10 person in his behalf.
1 Section 92. If an application is made under the preceding section, the Discharge;
2 justice, upon reasonable cause shown for a hearing, shall order notice of sup<?nnt°endcnt.
3 the time and place thereof to be given to the superintendent or manager 'eedJoKi"^""
4 of the institution or place of confinement, and to such other persons as q •'|' j^^-, |^-
5 he considers proper; and such hearing shall be given as soon as conven- If'^i'?*^'
6 iently mav be before anv justice of the supreme judicial court in anv i87i'. 321. § 4.
7 county. The alleged insane or feeble minded person may be brought r'l. 87, §98.
8 before the justice at the hearing upon a writ of habeas corpus, if any §§°79,To7.
9 person so requests and the justice considers it proper. Pending the ^®^®' '^^' ^ *■
10 decision of the court such person shall remain in the custody of the
1 1 superintendent or manager. An issue or issues may be framed and sub-
12 mitted to a jury by direction of the justice or on the request of any
13 person who appears in the case. The jurors may be those in attendance
14 on said court, if in session at the time of the hearing, or may be sum-
15 moned for the purpose upon the order of the justice substantially in ac-
16 cordance with chapter two hundred and thirty-four.
1 Section 93. If it appears upon the verdict of the jury, or in the Diachargeif
2 opinion of the justice if the case is not submitted to a jury, that the 3ang??oSs. ""^
3 person so confined is not insane, or that he is not dangerous to himself or JI79; jgi; ^ ^'
4 others and ought not longer to be so confined, or in case of an inmate of ^ f; ^Jj ^,"g
5 the Walter E. Fernald state school, of the Belchertown state school or Ij^oo^^
6 of the Wrentham state school, either that such inmate is not feeble 1916.122, § 5.
7 minded, or that continued custody of his person is unnecessary and un- 1925! 293! '5 10.
8 reasonable, or that he can be discharged with safety to himself and the •''^'^"■22^-
9 public, and will be cared for properly elsewhere, he shall be discharged
10 from confinement.
1 Section 94. No state charge in a state hospital shall be discharged to'°be'"fumfs*he'd
2 therefrom without suitable clothing; and the trustees mav furnish the ?2„'l'^?^S''^t'"„
3 same, and such amount of money, not exceeding twenty dollars, as they R s. 48, § 13.
4 may consider necessary. Inquiry shall be made into the future situation p s. 87,' § 45.'
5 of every patient about to be discharged, and precautionary medical advice 1909' 504.
6 shall be given to him. No patient shall be discharged or permitted to be 1 op' a.^g. 159.
7 temporarily absent from any institution without a personal examination
8 of his mental condition made by one of the hospital physicians within
9 forty-eight hours of his departure, the result of which shall be entered
10 in his case record.
escape.
1 Section 95. An inmate of any institution, who escapes therefrom. Escape,
2 may be arrested and returned thereto by an officer qualified to serve \"ii. 47 "i 1.
3 criminal process in any county, or by any officer or employee of such fgog, fo4,* ^^'
4 institution. The superintendent of police of Boston, city marshals and ^^ ss. io7.
5 chiefs of police of towns, upon information from the superintendent or
1504
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 123.
Support of
inmates of
state hospitals
regulated.
Contribution
from certain
persons, when
recoverable.
Removal of
guardian, etc.,
for failure to
support.
Certain state-
ments receiv-
able as prima
facie evidence.
1832,163,
§§4, 5.
1834,150.
§§ 5. 7.
1835. 129,
§§1,2,4.
R. S. 48,
§§8-11, 16.
1837, 228, § 7.
1856, 108, § 4.
1857, 209.
1858, 161.
1859, 107, § 2.
G. S. 73,
§§ 22-24.
1862, 223,
§§9-11.
1863, 240, § 9.
1864, 138, § 1.
1870, 105, § 1.
1879, 88.
18';0, 149.
P. S. 87,
§§ 31-33.
1883, 239, § 3.
1884, 322, § 9.
1886, 298,
§§ 7, 10.
1889, 414, § 17.
1892, 425, § 4.
1895, 483, § 12.
1897, 395, § 4.
1898, 213,
§§ 1-5.
1899, 211,
§§3,4.
1900, 451, § 1.
R. L. 87,
§§68-72,75-80.
120.
manager of such institution of such an escape, shall cause the person so 6
escaping, if he is within such town, to be arrested and returned to the 7
institution at its expense. 8
SUPPORT.
Section 96. The price for the support of inmates of state hospitals, 1
except the Boston psychopathic hospital, and of insane inmates of the 2
state infirmary and of the Bridgewater state hospital, not under orders 3
of a court, shall be determined by the department at a sum not exceed- 4
ing ten dollars per week for each person, and may be recovered of such 5
persons or of the husband, wife, father, mother, grandfather, grand- 6
mother, child or grandchild if of sufficient ability. The price for the 7
support of inmates of the Boston psychopathic hospital shall be deter- 8
mined by the department and may be recovered as herein provided. A 9
married woman shall be subject to the said liability as though sole. 10
Such action shall be brought by the attorney general in the name of the 1 1
state treasurer. 12
Any person making payment for such support may recover the same, 13
by suit in equity in the superior court to which any or all of the classes 14
of persons hereinbefore named may be made parties, regardless of the 15
existence of the marriage relation, from any person primarily liable for 16
such support, or may have the amount so paid apportioned among those 17
who are not primarily liable, in proportion to their respective ability to 18
pay, and may recover such apportionment. 19
Any guardian or conservator of such an inmate who, having property 20
of his ward in his possession or control exceeding two hundred dollars in 21
value, fails to pay, within three months after receipt of any bill therefor, 22
for his support at the rate determined by the department, shall, upon 23
application of the attorney general, forthwith be removed. 24
In all proceedings under this section the sworn statement of a person 25
that he is the superintendent of one of said institutions, or keeps or has 26
custody of the records thereof or of the records of the department, and 27
that a certain person has been an inmate of said institution during a cer- 28
tain period of time, or that the price of the support of a certain inmate 29
has been determined at a certain sum by the department, shall be prima 30
facie evidence of the said facts. 31
1905. 354.
1906, 508, § 17.
1908, 613, § 1; 629.
1909, 504, §§ 45, 82, 107.
1915, 208.
1917, 133.
1918, 139, § 3.
1921, 317. § 3.
1925, 314.
1926, 274.
IS Pick, 379.
3 Met. 1.
9 Gush, 585.
1 Gray, 514.
5 Gray, 390.
9 Gray, 32.
11 Gray, 107.
6 Allen, 585.
12 .\llen, 510.
116 Mass. 570.
119 Mass. 479.
1,30 Mass. 12.
131 Mass. 328.
151 Mass. 96.
160 Mass. 232.
164 Mass. 506.
194 Mass. 486.
195 Mass. 42.
196 Mass. 63.
268 Mass. 594.
1 Op. A. G. 515.
3 Op. A. G. 132.
Attorney may
visit patient,
when.
1879, 195, § 4.
P. S. 87, § 35.
R. L. 87, § 82.
1909, 504.
§§ 84, 107.
PRIVILEGES OF PATIENTS.
Section 97. An attorney at law regularly retained by or on behalf
of any person committed to an institution shall be admitted to visit his
client at all reasonable times, if in the opinion of the superintendent or
manager thereof such visit would not be injurious to such person, or if
a justice of the supreme judicial or superior court, in any county, or a
judge of probate within his county first orders in writing that such visit
be allowed.
wHt'rt'o't'h?^ Section 98. All patients of any institution shall be allowed to write 1
department. freely to the department, subject to its regulations. Letters so written 2
rra,,ondence shall be forwardcd unopened by the superintendent, manager or person 3
Chap. 123.] commitment and care of insane, etc. 1505
4 in charge of said institution to said department, and letters or other com- i874, ses,
5 munications by or from the department may be sent to the patient, p^s^s?. §30.
6 All other letters to or from the patient may be sent as addressed or to his \!^^l' s??'} sif'
7 parent or legal guardian or most interested friend.
1909, 504, §§85, 107. 40p.A.G.219.
examination of persons coming before courts.
1 Section 99. In order to determine the mental condition of any per- Mental con-
2 son coming before any court of the commonwealth, the presiding judge persmistoming
.3 may, in his discretion, request the department to assign a member of howdetel^'''
•i the medical staff of a state hospital to make such examinations as he g^p^^^gg
5 may deem necessary. No fee shall be paid for such examination, but lil^z}^^- .,.
6 the examining physician may be reimbursed for his reasonable traveling
7 expenses.
1 Section 100. If a person under complaint or indictment for any commitment
2 crime is, at the time appointed for trial or sentence, or at any time prior petals of persons
3 thereto, found by the court to be insane or in such mental condition that J^" „" 'ndict-
4 his commitment to an institution for the insane is necessary for his Jj^*|' ^f^ ^ j^
.5 proper care or observation pending the determination of his insanity, p- s. 214, § 16.
6 the court may commit him to a state hospital or to the Bridgewater r. l'. 219',
7 state hospital under such limitations, subject to the provisions of section 1904, '2.57.
8 one hundred and five as it may order. The court may in its discretion §§''h)3^%7.
9 employ one or more experts in insanity, or other physicians qualified as \lll[ tw.S'i.
10 provided in section fifty-three, to examine the defendant, and all reason- 212 Mass. 438.
11 able expenses incurred shall be audited and paid as in the case of other
12 court expenses. A copy of the complaint or indictment and of the
18 medical certificates attested by the clerk shall be delivered with such
14 person in accordance with section fifty-three. If reconveyed to jailor
15 custody under section one hundred and five, he shall be held in accord-
16 ance with the terms of the process by which he was originally committed
17 or confined.
1 Section lOOA. Whenever a person is indicted by a grand jury for investigation
2 a capital offense or whenever a person, who is known to have been in- raiSulon of
3 dieted for any other oft'eiise more than once or to have been previously hdd^fSr'tHai""
4 convicted of a felony, is indicted by a grand jury or bound over for p°„"'itv. ^^^^'
5 trial in the superior court, the clerk of the court in which the indict- jpi' *i5.
6 ment is returned, or the clerk of the district court or the trial justice, 192.5! i69
. . t I . 1927 59 § 1.
7 as the case may be, shall give notice to the department ot mental dis- 1929! ios.'
8 eases, and the department shall cause such person to be examined with 273 Mass! 240'.
9 a view to determine his mental condition and the existence of any mental
10 disease or defect which would afi'ect his criminal responsibility. When-
11 ever the probation officer of such court has in his possession or when-
12 ever the inquiry which he is required to make by section eighty-five of
13 chapter two hundred and seventy-six discloses facts which if known
14 to the clerk would require notice as aforesaid, such probation officer
15 shall forthwith communicate the same to the clerk who shall there-
16 upon give such notice unless already given. The department shall
17 file a report of its investigation with the clerk of the court in which
18 the trial is to be held, and the report shall be accessible to the court,
19 the probation officer thereof, the district attorney and to the attorney
20 for the accused. In the event of failure by the clerk of a district
21 court or the trial justice to give notice to the department as aforesaid,
1506
COMMITMENT AND CARE OF INS.INE, ETC.
[Chap. 12.3.
the same shall be given by the clerk of the superior court after entry of 22
the case in said court. Upon giving the notice required by this section the 23
clerk of a court or the trial justice shall so certify on the papers. The 24
physician making such examination shall, upon certification by the de- 2.5
partment, receive the same fees and traveling expenses as provided in 26
section seventy-three for the examination of persons committed to 27
institutions and such fees and expenses shall be paid in the same manner 28
as provided in section seventy-four for the payment of commitment 29
expenses. Any clerk of court or trial justice who wilfully neglects to 30
perform any duty imposed upon him by this section shall be punished 31
by a fine of not more than fifty dollars. 32
Commitment
of persons
acquitted of
murder, etc.,
by reason of
insanity.
Discharge.
1873, 227.
P. S. 214,
55 20. 21.
1895, 390, 5 7.
R. L. 219, 5 16.
Section 101. If a person indicted for murder or manslaughter is
acquitted by the jury by reason of insanity, the court shall order him
to be committed to a state hospital or to the Bridgewater state hospi-
tal during his natural life. The governor, with the advice and consent
of the council, may discharge such a person therefrom when he is satis-
fied after an investigation by the department that such discharge will
not cause danger to others.
1909, 504, §§ 104, 107. 1923, 467, 5 3. 136 Mass. 489.
Insane prison-
ers, examina-
tion.
"Superior
court" defined,
for purposes
of §§ 102 and
103.
1844, 120,
§§ 1,2.
1856, 135.
G. S. 180.
I§ 1-3.
1862, 8.
1880, 250, § 5.
P. S. 222, § 10.
1885, 320, § 1.
1886, 101, § 4.
1898. 433,
H 24, 28.
R. L. 225,
§ 101.
1906, 472.
1909.274; 504,
§§ 105, 107.
1910, 345, § 1.
1911, 604, § 1.
INSANE PRISONERS.
Section 102. The department shall designate two persons, experts 1
in insanity, to examine prisoners in the state prison, the Massachu- 2
setts reformatory, the prison camp and hospital or the reformatory for 3
women, alleged to be insane. If any such prisoner appears to be insane 4
or in such mental condition that his commitment to an institution for 5
the insane is necessary for his proper care or observation pending the 6
determination of his insanity, the warden or superintendent shall notify 7
one or both of said experts, who shall, with the physician of such penal 8
institution, examine the prisoner and report the result of their investi- 9
gation to the superior court of the county where such penal institution is 10
situated. For the purposes of this and the following section, "superior 11
court" may, in respect to a prisoner in the Massachusetts reformatory, 12
include the district court of central Middlesex, and, in respect to a 13
prisoner in the reformatory for women, the first district court of southern 14
Middlesex. 15
G. L. (ed. of 1920) 123,
§§ 102, 103.
1929, 213, § 1.
173 Mass. 550.
255 Mass. 369.
4 0p. A. G. 531.
Insane prison-
ers, removal
to state
hospital.
1844, 120, § 2.
G. S. 180, I 3.
1880, 250, § 5.
P. S. 222, § 10.
1885, 320, § 1.
1886. 101, §5.
1895, 390. § 3.
1898, 433, I 28.
R. L. 225. § 101.
1906, 472.
1909,274; 504,
(§ 105. 107.
Section 103. The superior court upon a report under the preceding 1
section, if it considers the prisoner to be insane or in such mental con- 2
dition that his commitment to an institution for the insane is necessary 3
for his proper care or observation pending the determination of his in- 4
sanity, and his removal expedient, shall issue a warrant, directed to the 5
warden or superintendent, authorizing him to cause the prisoner, if a 6
male, to be removed to the Bridgewater state hospital, and, if a female, 7
to be removed to one of the state hospitals for the insane, subject to the 8
provisions of section one hundred and five. 9
1910, 345, § 1.
1911, 604, § 1.
1929, 213, § 2.
1931, 166, § 1.
173 Mass. 550.
195 Mass. 42.
255 Mass. 369.
lOp. A.G. 113.
iTremoiT' Section 104. If & pHsoncr under sentence in a jail, house of cor- 1
hou8ei''ofcor- Tcction, or pHsou other than one named in section one hundred and 2
rection, etc. two, appears to be insane or in such mental condition that his com- 3
Chap. 123.] commitment and care of ins.\ne, etc. 1507
4 mitment to an institution for the insane is necessary for his proper R.^s. us, § i.
5 care or observation pending the determination of his insanity, the g.'s.' im,
6 physician in attendance shall make a report thereof to the jailer or p. ^'. 2-22.
7 master who shall transmit the same to one of the judjjes mentioned in i886%'i9, 5 1.
8 .section fifty. If the judge finds in accordance with sections fifty and J^****^' |5°'5^4i-.
9 fifty-one that the prisoner is insane, or if he finds that the mental condi- 225. §102.
10 tion of the prisoner is such that his commitment to an institution for s'sns.'ioe, 107.
11 the insane is necessary for his proper care or observation pending the 1917! 457 §2.
12 determination of his insanity, and that his removal is expedient, he shall I93?; ^nt. 1 2.
13 order the removal of such prisoner, if a male to Bridgewater state i^sMass. 42.
14 hospital, if a female to one of the state hospitals for the insane, sub-
15 ject to the provisions of section one hundred and five; provided, that
16 if a male prisoner has not been criminal and vicious in his life the judge
17 may order him removed to one of the state hospitals. A physician,
IS other than the physician in attendance at the place of detention, mak-
19 ing the certificate, shall be entitled to the compensation provided by
20 section seventy-three.
1 Section 105. When in the opinion of the trustees and superintendent Reconveyance
2 of the state hospital to which a prisoner has been committed or removed res^oKdt"
3 under section one hundred, one hundred and three or one hundred and dangerously
4 four, or of the commissioner of correction and the superintendent of the 'R^s'"'i4'5.'^§ 2.
5 state farm in case of commitment or removal to the Bridgewater state J,**!' ^|9
6 hospital, the mental condition of the prisoner is such that he should be || 3, 5 '
7 returned to custodv or to the penal institution from which he was taken, p s'222,'
* * KKini'-i
8 they shall so certify upon the warrant or commitment, and notice, ac- i885,'32d, § 1.
9 companied by a written statement regarding the mental condition of 2i9f'§T' ^ *'
10 the prisoner, shall be given to the proper custodian or to the warden, Jigs; 433; fig.
11 superintendent, keeper or master of such penal institution, as the case |'2s^§fioi to-'
12 may be, who shall thereupon cause the prisoner to be reconveyed to '„„!!■ 07?: ^04
13 such custodian, or to such penal institution, there to remain pursuant to §§9'8'."io3',
14 the original sentence if committed or removed under section one hundred 1910. 122.
15 and three or one hundred and four, computing the time of his detention §§'i^'2^^'
16 or confinement in the said hospital as part of the term of his imprison- fgooj loi',"'
17 ment under such sentence; provided, that a prisoner committed or re- ^|23°«7'^§4
18 moved to a state hospital under section one hundred, one hundred and }929! 213! § 4.
19 three or one hundred and four for his proper care or observation pending
20 the determination of his insanity shall, unless found to be insane as here-
21 inafter provided, be returned in the manner hereinbefore provided to
22 the penal institution or custody whence so taken, not later than thirty-
23 five days thereafter, but such prisoner shall in all other respects be sub-
24 ject to the provisions of this section. If a prisoner committed as insane
25 under section one hundred, who has not been restored to sanity, is
26 returned as aforesaid because in the opinion of the trustees and superin-
27 tendent, or of the commissioner of correction and superintendent, as the
28 case may be, neither the public interest nor the welfare of the prisoner
29 will be promoted by his further retention in the hospital, they shall so
30 certify upon the warrant or commitment and shall append thereto a
31 report relative to the prisoner's mental condition as affecting his criminal
32 responsibility and the advisability of his discharge or temporary release
33 from the penal institution or custody to which he is returned. If a
.34 prisoner, committed or removed under section one hundred, one hundred
35 and three or one hundred and four for his proper care or observation as
36 aforesaid, is found by the trustees and superintendent or by the com-
1508
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 12.3.
missioner of correction and superintendent, as the case may be, to be .37
insane, the finding shall be certified upon the warrant or commitment, 38
and the superintendent of the institution shall report the prisoner's 39
mental condition to the court or judjje issuing the warrant or commit- 40.
ment, or in case of the death, resignation or removal of the judge, to his 41
successor in office, or in case of the absence or disability of the judge, 42
to any judge or special justice of the same court, with the recommenda- 43
tion that the prisoner be committed as an insane person. The court, 44
judge or justice may thereupon commit the prisoner to an institution for 45
the insane, if, in the opinion of the court, judge or justice, such com- 46
mitment is necessary. The provisions of this section relative to the 47
return to custody or to a penal institution of a prisoner taken therefrom 48
under section one hundred, one hundred and three or one hundred and 49
four, shall apply, so far as apt, to a prisoner committed under this section. .50
RENDITION.
Rendition of SECTION 106. The govcmor may upon demand deli\'er to the execu-
1909. 504, § 87. tive of any other state any person who has escaped from an institution
219 ass. . j.^^ ^j^^ insane to which he has been committed under the laws of such
state, and who may be dangerous to the safety of the public, or may
upon application appoint an agent to demand of the executive authority
of any other state any person who has escaped from an institution in this
commonwealth. Such demand or application shall be accompanied by 7
an attested copy of the commitment and sworn evidence of the superin- S
tendent or manager of the institution stating that the person demanded 9
has escaped from such institution, and by such further evidence as the 10
governor requires. 11
Warrant.
1909, 504, § )
Section 107. If the governor is satisfied that the demand made
upon him under the preceding section conforms to law and ought to be
complied with, he shall issue his warrant under the seal of the common-
wealth to an officer authorized to serve warrants in criminal cases, direct-
ing him at the expense of the agent who makes the demand, and at a time
designated in the warrant, to take and transport such person to the
boundary line of the commonwealth and there deliver him to such agent.
The officer may require aid as in criminal cases.
Writ of iiabeas SECTION 108. A pcrsou arrested upon such a warrant shall not be
1909, 504, § 89. delivered to the agent of another state until he has been notified of the
demand for his surrender and has had an opportunity to apply for a writ
of habeas corpus, if he claims such right of the officer making the arrest.
If the said writ is applied for, notice thereof and of the time and place of
hearing shall be given to the attorney general or to the district attorney
for the district where the arrest is made. An officer who delivers such
person in his custody upon such warrant to such agent for rendition with-
out having complied with this section shall forfeit not more than one
thousand dollars. Pending the determination of the court upon an aj)-
plication for the said writ, the person shall be detained in custody in a 1 1
suitable institution for the insane. 12
1
2
3
4
5
6
7
S
9
10
Payment of SECTION 109. If au application made under section one hundred aiul 1
'i909?504, 5 90. six for the arrest of a patient escaped from an institution in the common- 2
1931,420,5234.
Chap. 123.] commitment and care of insane, etc. 1509
3 wealth is granted and an agent is appointed as therein provided, his
4 reasonable expenses shall be paid by the commonwealth from the ap-
5 propriation for expenses of the institution from which the patient escaped.
certain acts forbidden.
1 Section 110. A physician who wilfully conspires with a person un- Conspiracy
2 lawfully or improperly to commit to an institution for the insane a person sanTper'son!
3 who is not insane shall be punished by fine or imprisonment, at the Js8f'272, § 5.
4 discretion of the court.
p. S. 87, §30. R. L. 87, § 56. 1909, 504, §§ 91, 107.
1 Section 111. Any person employed in an institution, or having charge iii-treatment,
2 of an insane, feeble minded or epileptic person, whether by reason of any 1909, 504," §'92.
3 contract or of any ties of relationship or marriage or otherwise, who ill-
4 treats or wilfully neglects such person shall be punished by fine or im-
5 prisonment, at the discretion of the court.
1 Section 112. Any person who wilfully permits or assists, or connives Escape, con-
2 at, the escape of a patient from any institution, or secretes a patient who Pe^nTuy.''
3 has escaped therefrom, shall be punished by fine or imprisonment, at the \^l[ ll'^' ^ ^^'
4 discretion of the court.
defective delinquents and drug addicts.
1 Section 113. At any time prior to the final disposition of a case Commitments
2 in which the court might commit an offender to the state prison, the for lefect^ie"
3 reformatory for women, any jail or house of correction, the Massachu- or'to'depan-
4 setts reformatory, the state farm, the industrial school for boys, the yrug'^ddicts.
5 industrial school for girls, the Lyman school, any county training school, J^ii, 595, 1 1.
6 or to the custody of the department of public welfare, for any offense 1922! 535! § 7.
7 not punishable by death or imprisonment for life, a district attorney,
8 probation officer or officer of the department of correction, public wel-
9 fare or mental diseases may file in court an application for the com-
10 mitment of the defendant in such a case to a department for defective
11 delinquents established under sections one hundred and seventeen and
12 one hundred and twenty-four, or to a department for the care and
13 treatment of drug addicts, established by the governor and council
14 under authority of said sections. On the filing of such an application the
15 court may continue the original case from time to time to await dis-
16 position thereof. If, on a hearing on an application for commitment
17 as a defective delinquent, the court finds the defendant to be mentally
18 defective and, after examination into his record, character and person-
19 ality, that he has shown himself to be an habitual delinquent or shows
20 tendencies towards becoming such and that such delinquency is or may
21 become a menace to the public, and that he is not a proper subject for
22 the schools for the feeble minded or for commitment as an insane per-
23 son, the court shall make and record a finding to the eft'ect that the
24 defendant is a defective delinquent and may commit him to such a
25 department for defective delinquents according to his age and sex,
26 as hereinafter provided. If, on a hearing on an application for com-
27 mitment as a drug addict, it appears that the defendant is addicted to
28 the intemperate use of stimulants or narcotics, the court may commit
29 him to a department for the care and treatment of drug addicts if and
30 when such a department is provided.
1510
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 123.
Removal from
institution
because of
violation of
regulations.
1911, 595, § 2.
1922, 535, i 8.
Physicians'
certificate to
be filed in
certain cases.
Fees.
1911, 595, §3.
1922, 535, § 9.
Section 114. If an offender while under commitment to any of
the institutions named in the preceding section or to the department
of pubhc welfare persistently violates the regulations of the institution
or department in whose custody he is, or conducts himself so inde-
cently or immorally, or otherwise so grossly misbehaves as to render
himself an unfit subject for retention in said institution or by said de-
partment, and it appears that such offender is mentally defective or
addicted to the intemperate use of stimulants or narcotics, and is not
a proper subject for a school for the feeble minded, a physician in at- 9
tendance at any institution named in the preceding section or a phy- 10
sician employed by said department shall make a report thereof to the 11
officer in charge of said institution or to the director of child guardian- 12
ship, who shall transmit the same to one of the judges mentioned in 13
section fifty. The judge shall make inquiry into the facts and, if satisfied 14
that the offender is mentally defective or so addicted, and not a proper 15
subject for a school for the feeble minded, shall order his removal to a 16
department for defective delinquents, or to a department for the care 17
and treatment of drug addicts, as the case may be, according to his 18
age and sex as hereinafter provided. 19
Section 115. No person shall be committed to a department for 1
defective delinquents or to a department for the care and treatment of 2
drug addicts under either of the two preceding sections unless there 3
has been filed with the judge a certificate by two physicians qualified 4
as provided in section fifty-three that such person is mentally defective 5
or is addicted to the intemperate use of stimulants or narcotics. The 6
fees of the certifying physicians shall be of the amount and paid in the 7
manner provided for like service in sections three to one hundred and 8
twelve, inclusive. 9
Removal from
school for
feeble minded
for violation of
regulations,
etc.
1911, 595, § 4.
Section 116. If an inmate of a school for the feeble minded persist- 1
ently violates the regulations of the school, or conducts himself so inde- 2
cently or immorally, or so grossly misbehaves as to render himself an 3
unfit subject for retention therein, the officer in charge shall make a re- 4
port thereof to one of the judges mentioned in section fifty. The judge 5
shall make inquiry into the facts and, if satisfied that such inmate is 6
not a fit subject for retention in the school, shall order his removal to a 7
department for defective delinquents, according to his age and sex, as 8
hereinafter provided. 9
Departments
for defective
delinquents
and for
drug addicts.
1911, 595, 5 5.
1913, 79ti, § 1.
1916, 241,
§§ 1, 2.
1919, 199, § 1;
3.50, § S2.
1921. 270, § 2.
1922, 535, § 10.
Section 117. At the Massachusetts reformatory, the state farm
or such other place or places as may hereafter be approved by the
governor and council, there may be maintained departments to be
termed departments for defective delinquents, for the custody of per-
sons committed thereto under sections one hundred and thirteen to
one hundred and sixteen, inclusive. At any state institution uiuler the
supervision of the department of correction, there may be established
and maintained, with the approval of the governor and council, de-
partments to be termed departments for drug addicts, for the care and
treatment of persons addicted to the intemperate use of stimulants or 10
narcotics and committed thereto under said .sections. All men and boys 11
so committed shall be committed to departments for male defective 12
delinquents or for male drug addicts, as the case may be. All women 13
and girls so committed shall be committed to departments for female 14
Chap. 123.] commitment and care of ins.ajve, etc. 1511
15 defective delinquents or for female drug addicts, as the case may be.
16 All such persons committed to departments for defective delinquents
17 or for drug addicts at any institution under control of the department
IS of correction shall be and remain in the custody of the said department
19 until discharged as hereinafter provided.
1 Section 1 IS. The board of parole of the department of correction Paroie, etc.
2 may parole inmates of the departments for defective delinquents or drug lllli, lit, § f.
3 addicts on such conditions as it deems best, and may at any time during 3%\^ii: ^ ^'
4 the parole period recall to the institution any inmate paroled.
1922, 535, § 11.
1 Section 119. Any person may apply at any time to the justice of dScharleby
2 the district court in whose jurisdiction a department for defective de- "j^'je'- 1^^°^-]
3 linquents or a department for drug addicts is located, for the discharge 1922', 535! § 12.
4 of any inmate of said department. A hearing shall thereupon be held,
5 of which notice shall be given to the applicant and to the person in
6 charge of the institution where the inmate is confined. If after the
7 hearing the justice shall find that it is probable that the inmate can be
S allowed to be at large without serious injury to himself, or damage or
9 injury or annoyance to others, he may order the person having custody
10 of said inmate to parole him. Further action on the application for the
11 inmate's discharge shall be suspended for one year from the date of his
12 parole. If, at any time prior to the expiration of said year, the justice
13 of the court where the application was filed shall be satisfied that the
14 best interests of said inmate, or of the public, require the recall of the in-
15 mate from parole, he may authorize the person having custody of the
16 inmate to so recall him. If an application is denied, a new application
17 shall not be made within one year after the date of the order denying
IS the previous application. If at the end of said year the justice shall
19 find that said inmate can be allowed to be permanently at large without
20 serious injury to himself, or damage or injury or annoyance to others,
21 he may order the person having custody of said inmate to discharge
22 him. If a person discharged under this section is found by any court
23 to have committed, after his discharge, any ofi^ence against the laws of
24 the commonwealth, said court may commit such person to a depart-
25 ment for defective delinquents or to a department for drug addicts, as
26 the case may be, without the certificate of any physician.
1 Section 120. Any special justice, when holding court at the request Po^fJ-f.^f^^j^^^
2 of the justice, shall have the powers and perform the duties of the justice of courts in
3 under sections one hundred and thirteen to one hundred and twenty-four, 1911, 595. § 8.
4 inclusive. In case of a vacancy in the office of justice and in the case of
5 the illness, absence or other disability of the justice, the special justice
6 who holds the senior commission shall, if no request has been made as
7 aforesaid, have the powers and perform the duties of the justice under
8 said sections.
1 Section 121. A docket for, and a record of all proceedings under Re^/^d^^^^of^
2 sections one hundred and thirteen to one hundred and twenty-four, in- of commit-
3 elusive, and all papers in connection therewith, shall be kept by the clerk "gTi.'^sgs. § 9.
4 of the court in which the justice making the commitment under said ^^-^' ^^''■
5 sections sits. The clerk shall receive and keep on file the original ap-
6 plication, the certificate of physicians and the copy of the order of com-
1512
COMMITMENT AND CARE OF INSANE, ETC.
[Chap. 123.
mitment attested by and with the return thereon of the officer or other 7
person serving the same. 8
ofTe™ct?vT*' Section 122. All commitments under sections one hundred and thir-
deiinquents, ^ppj^ ^q gjjp hundred and twenty-four, inclusive, shall be made under an
how made. . ' . -, , ,
1911, 595, 5 10. order signed by the justice makmg it. buch order may be served by any
person qualified to serve any process issuing out of the court in which
the justice making the commitment sits or, in case of transfer, by any
officer or attendant of the institution from which the transfer is being
made. The officer or other person serving such order shall make return
of service on an attested copy thereof.
Expenses of
commitment
1911, 595, § 11,
Section 123. All necessary expenses attending proceedings under 1
sections one hundred and thirteen to one hundred and twenty-four, 2
3
4
inclusive, shall be allowed, certffied and paid in the manner provided
in section seventy-four.
Section 124. Sections one hundred and thirteen to one hundred 1
and twenty-four, inclusive, shall take effect as to any of the departments 2
named in section one hundred and seventeen when the same is ready 3
for occupancy. The commissioner of correction shall notify the gov- 4
ernor when a department is in a suitable condition to receive inmates; 5
1922, 535, § 13. and the governor may then issue his proclamation establishing such 6
department as a place for the custody of defective delinquents or for the 7
care and treatment of drug addicts, as the case may be. 8
Time of taking
effect of
certain
provisions.
1911. 595, 5 12.
■ 1913, 796, § 2.
1916, 241,
§5 1.2.
1919, 199, § 1;
Chap. 124.] powers and duties of department of correction.
1513
TITLE XVIII.
PRISONS, IMPRISONMENT, PAROLES AND PARDONS.
Chapter 124. Powers and Duties of the Department of Correction.
Chapter 125. Penal and Reformatory Institutions of the Commonwealth.
Chapter 126. Jails, Houses of Correction and Reformation, and County Industrial
Farms.
Chapter 127. Officers and Inmates of Penal and Reformatory Institutions. Paroles
and Pardons.
CHAPTER 124.
POWERS AND DUTIES OF THE DEPARTMENT OF CORRECTION.
Sect.
1. Duties of commissioner.
2. Duties of commissioner and subordi-
nates.
3. Temporary aid for dependents of pris-
oners.
4. Super\-ision of prisoners having per-
mits to 1)6 at liberty.
5. Reports of commissioner to the gover-
Sect.
6. Annual report of commissioner to the
general court.
7. Duties of board of parole. Annual re-
port.
8. Reports of criminal cases by clerks of
courts and trial justices. Penalty.
9. Monthly reports of arrests. Penalty.
1
2
3
4
5
6
7
Section 1. The commissioner of correction, in this chapter called
the commissioner, shall have the general supervision of the state prison,
the INIassachusetts reformatory, the prison camp and hospital, the
state prison colony, the state farm and the reformatory for women,
and of jails and houses of correction. He shall make rules for the direc-
tion of the officers of such institutions in the performance of their du-
ties, for the government, discipline and instruction of the convicts
8 therein, for the custody and preservation of the property connected
9 therewith, for the supply of food, clothing and bedding in the state
10 prison, Massachusetts reformatory, prison camp and hospital, the
11 state prison colony, state farm and reformatory for women, for teach-
12 ing prisoners who are committed to a jail or house of correction for
13 si.\ months or more to read and write, for securing proper exercise for
14 unemployed sentenced prisoners in jails and houses of correction, and
15 for securing medical examination and supervision of prisoners in jails
16 and houses of correction punished by solitary imprisonment. As soon
17 as may be after such rules have been made the commissioner shall
18 submit copies thereof to the governor and council, who may approve,
19 annul or modify them. Jailers, keepers of houses of correction, county
20 commissioners and the penal institutions commissioner of Boston shall
21 make no rules inconsistent with the aforesaid rules. The commissioner
Duties of
commissioner.
1827, 118, § 7.
R. S. 144, § 9.
1852, 275, § 6.
G. .S. 71, § 32;
179, § 14.
1866, 198,
§§2,3.
1870, 370,
§§7, 9. 10.
1874,385, § 12.
1879, 291, §§ 1,
3. 7, 9; 294,
§§ 10. 12. 25,
35. 36.
1881,90, §3.
P. S. 88, §4;
219. §§ 14. 18.
1884,255, § 28;
297, § 2.
1886, 101, § 4.
1895, 146;
195; 259.
R. L. 222, § 3.
1905,353.
1906.243.
1911,181.
1916,241, SI.
1919,199. § 1;
350, §§82-84,
86.
1920, 341.
1931, 426,
§235.
1 Op. A. G. 281,
290.
4 Op. A. G. 57a
1514
POWERS AND DUTIES OF DEPARTMENT OF CORRECTION. [ChAP. 124.
of correction shall also from time to time cause to be printed in con- 22
venient form the rules of the board of parole and the statutes relating 23
to the duties and powers of said board, and shall annually during the 24
month of January cause to be mailed one copy thereof to each justice 25
of the superior and district courts, each trial justice, each sheriff and 26
to each master, keeper, warden or superintendent of the penal institu- 27
tions in the commonwealth, and to the board of probation two hundred 28
copies thereof. 29
Duties of
commissioner
and subordi-
nates.
1827, 118,
5§3, 7.
R. S. 144,
§§ 10. 17.
G. S. 179,
H 15, 16.
1870, 370,
§§8, 10.
1874, 385, § 14,
1877, 120, § 1.
1879, 294,
Ǥ 11, 14, 31.
P. S. 219,
§§15, 19,39.
Section 2. The commissioner shall keep informed as to the manage-
ment and condition of all institutions under his supervision or control.
He may expend annually in the performance of his duties and for nec-
essary clerical assistance such sum as may be appropriated therefor by.
the general court. He or one of his deputies shall make frequent visits
to such institutions, and investigate the management, condition and
discipline of the institutions and the treatment of the inmates, and the
books of the said institutions shall be open for his examination. The
commissioner or any representative designated by him may attend any
meeting of the parole board.
1885,52,551,2. R. L. 222. §§ 2, 4, 5. 1916, 241, §§ 7, 9.
1888, 328. 1914. 526, § 1. 1919, 350, § 84.
1895, 431.
1
2
.3
4
5
6
8
9
10
Temporary aid
for dependents
of prisoners.
1920, 377.
Section 3. The commissioner may expend annually such sum of 1
money, not more than two thousand dollars, as may be appropriated 2
therefor for the temporary relief of the families or dependents of inmates 3
of state penal institutions but such relief shall not extend for more than 4
one week and shall be such as may be necessary pending proper and ade- 5
quate relief through the usual channels. An agent of the department 6
may be designated to perform the work authorized by this section. 7
Supervision of
prisoners hav-
ing permits to
be at liberty.
1913, 829, § 5.
1916, 241, 5 1.
1919, 350, i 84.
Section 4. The commissioner shall exercise a careful supervision 1
over all prisoners absent from all penal and reformatory institutions in 2
the commonwealth on permits to be at liberty, and shall require from his 3
agents reports regarding such prisoners as are not complying with the 4
conditions upon which they were released. 5
Reports of
commissioner
to the governor.
1893, 428.
R. L. 222, 5 8.
1905, 355, 5 1.
1906, 243, § 1.
1911, 181.
1916, 241, § 1.
1919, 199, § 1;
350, §§ 84, 86.
1931,426,5 236.
Section 5. The commissioner shall, at least once in six months,
report in writing to the governor the condition of the state prison,
Massachusetts reformatory, prison camp and hospital, state prison
colony, state farm and the reformatory for women, and shall so report
to the governor when, in his judgment, the conditions of administra-
tion, financial management or discipline in any of said institutions
require executive action.
Annual report
of commissioner
to the general
court.
1827, 118, 5 7.
R. S. 143, 5 33;
144. 5 11.
1840, 15, §3.
1848, 29, § 2.
1857, 40, 6 1.
18.58, 46, § 1.
1859, 139, 5 2.
G. S. 178, 5 68;
179, i 18.
Section 6. He shall make an annual report setting forth fully and
in detail the actual condition on November thirtieth of the state prison,
Massachusetts reformatory, prison camp and hospital, state prison
colony, state farm and reformatory for women, and on September thir-
tieth of each jail and house of correction, the number of inmates in each,
such statistics from the re{)orts required by section eight as will show
the results of criminal prosecutions, and such statistics from tiie reports
required by section nine, and by section one hundred of chapter two
Chap. 124.] powers and duties of dep.\htment of correction. 1515
9 hundred and seventy-six, as he considers proper. The report shall state ism, 303, 5 l
10 the industries which have been carried on in the institutions named in 1874; sss', §22!
1 1 section fifty-one of chapter one hundred and twenty-seven during the §§ 33. as.'
12 year, the number of prisoners employed in each, the greatest and small- r^s.'2^'9, §3s.
13 est number thereof at any one time, the kind and quantity of goods man- }||j; |||; | |i
14 ufactured, the amount thereof sold to such institutions and elsewhere, }^^[; ^^J; f |*-
15 and the prices received therefor. The report shall include the reports r^l'. 222'. § 9'.
l(j made to him by the officers in charge of the penal and reformatory insti- 355, '§"1. '
17 tutions of the commonwealth and of the board of parole.
iq06. 243, 5 1. 1918. 257, § 476. 1920, 2.
Jgil 181 1919, .5; 199, § 1; 1931, 426, § 237.
1916.241. §8. 350, §§82-84,86.
1917, 201, § 1.
1 Section 7. The board of parole shall have the powers and duties DuUes^of
2 relative to granting permits to be at liberty from penal and reformatory parole. Annual
3 institutions given by chapter one hundred and twenty-seven. It shall m3'*829,
4 also be an advisory board of pardons, with the powers and duties in f|i5";^35%06.
5 relation thereto set forth in said chapter. It shall make an annual report \ff;^*^'
6 to the commissioner.
1917, 201; 266, 5 1. 1918,214. 1919, 350, § 85. Op. A. G. (1919) 126.
1 Section 8. Clerks of courts shall annually, on or before October Reports of
„, , , , . . p 11 • • 1 criminal cases
2 fifteenth, make reports to the commissioner ot all criminal cases com- by clerks of
3 menced in the superior court in the several counties during the year ?Hai?usUces.
4 ending on September thirtieth, and of all criminal cases entered therein fgjf 'a^ig, 5 2.
5 on appeal during such time. Clerks of district courts and trial justices is52. 289, § 3.
6 shall annually, at the same time and for the same period, make like fUL^iz. 15.
7 reports of criminal cases in which such courts or justices have exercised p. s;219, ^^
8 jurisdiction, and shall state whether such jurisdiction was final or other- i882.'226', § i.
9 wise. Blank forms for such reports shall be prepared and furnished by " ^- ^^^' * ^■
10 the commissioner. Whoever refuses or neglects to make the report re-
1 1 quired of him by this section shall forfeit two hundred dollars.
1 Section 9. The police commissioner of Boston, city marshals or chiefs Monthly
2 of police and every officer making an arrest in a town not having a city arKs'tl. °
3 marshal or chief of police shall make monthly reports to the commissioner figl.'m, § 2.
4 of the number of persons of each sex arrested in their several towns, ^^l' 11°; | f;
5 Such reports shall be classified according to offences. An officer who i906, 291, § 16.
6 refuses or neglects to make such report shall be punished by a fine of fifty
7 dollars.
1516
STATE PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 125.
CHAPTER 125.
PENAL AND REFORMATORY INSTITUTIONS OF THE
COMMONWEALTH.
Sect.
general provisions.
1. Definition.
2. Appointment of warden and superin-
tendents.
3. Bonds of warden and superintendents.
4. Appointment of subordinate officers.
5. Vacancy in office of warden or super-
intendent.
6. Temporary assistant deputies.
7. Warden and superintendent to sug-
gest changes in rules.
8. Uniforms, etc.
9. Wages of male laborers.
10. Oaths of subordinate officers.
THE STATE PRISON.
11. Purposes of state prison.
12. Visits of governor and council.
13. Officers.
14. Powers and duties of warden.
15. Official residence of warden and dep-
uty. Duties of deputy, etc.
16. Duties of chaplain.
17. Duties of physician.
18. Care of sick prisoners.
19. Diet in the hospital.
20. Insane prisoners.
21. Officers, except physician, to have no
other business.
22. Salaries, etc.
THE MASSACHUSETTS REFORMATORY.
23. Purposes of Massachusetts reforma-
tory.
24. Officers.
25. Parole clerk.
26. Official residence and duties of super-
intendent.
27. Duties of chaplain.
28. Duties of physician.
29. Salaries, etc.
THE REFORMATORY FOR WOMEN.
30. Purposes of reformatory for women.
31. Officers.
Sect.
32. Burial place for prisoners.
33. Official residence and duties of super-
intendent.
34. Additional duties.
35. Duties of chaplain.
36. Duties of physician.
37. Watchman for Washakum pond.
38. Salaries, etc.
PRISON CAMP AND HOSPITAL.
39. Purposes of prison camp and hos-
pital.
40. Duties of superintendent.
41. Purchases and sales.
STATE PRISON COLONY'.
41A. State prison colony. EstabUshment.
etc.
41B. Removal from state prison and status
of certain prisoners regulated.
41C. Duties of superintendent.
4 ID. Purchases and sales.
4 IE. Certain provisions of law applicable.
STATE FARM.
42. [Repealed.]
43. Commissioner to have supervision.
44. Rules and regulations.
45. Duties of superintendent.
46. Compensation of superintendent.
47. Superintendent and physician may
reside at the state farm.
48. Bridgewater state hospital.
PRISON CONTRACTS.
49. Contracts.
50. Arbitration of controversies.
51. [Repealed.]
52. [Repealed.]
53. Bills to be taken for all purchases,
services, etc.
54. Salaries, etc., to be paid monthly.
GENERAL PROVISIONS.
Definition. SECTION 1. In tliLs chapttT the Word " Commissioner" shall mean the 1
commissioner of correction.
Appointment SECTION 2. The Warden of the state prison and the superintendents 1
anlsupeHn- of the Massachusctts reformatory, the prison camp and hospital, the 2
'i^tm, i 2. state prison colonN-, the state farm and the reformatory for women shall :?
R. S. 144, 5 4. ^
Chap. 125.] state penal and reformatory institutions. 1517
4 be appointed bv the commissioner, and shall hold their offices during issa, 275, § 5.
, . , ' G. S. 71, § 34;
0 his pleasure. 179, 5 9.
1872,45.5 4. 1883,278. R. L. 85, § 2; 223, §§ 4, 22,
1874, 385, 5 6. 1884, 255, 5 20; 297, 5 3. 30; 225, § 05.
1879,291,5 10. 1891,299. 1916, 183; 241, § 1.
P S 86, § 19; 1898, 393, § 6. 1919, 199, § 1; 350, §5 82, 84.
221, 55 7, 45. 1901, 364, § 3. 1927, 289, § 2.
1 Section 3. The warden of the state prison and the superintendents Bonds of
2 of the Massachusetts reformatory, prison camp and hospital, state prison Tu^perlntend-
.3 colony, state farm and reformatory for women shall, before entering iSn. 32. § s.
4 upon the performance of their official duties, each give bond to the li*^^' 144,' 1 15.
5 commonwealth, in such sum as the comptroller may prescribe, with g*'U'7i!'§ sli
6 sureties approved bv the commissioner, conditioned faithfully to account J/s. 5 23
.*,,,. I i> • I (> 11 f I I • n 1 ■ b. 80, s 19;
7 for all money received by him and taithiully to perform the duties 01 88, 5 2; 221,
8 warden or superintendent. The approval of the sureties shall be en- i.s83,'267, § 1.
9 dorsed on the bond, and it shall be filed in the office of the state treasurer. His, 393! 5 1^'
R. L. 85, § 6; 223, §§ 5, 23, 1918, 257. 5§ 469, 472. 1920, 2; 546, § 4.
31; 225, §65. 1919, 5; 199, § 1; 1923, 362, § 76.
1916, 183; 241, § 1. 333, § 20; 1927, 289, § 3.
1917,18. 350, §§82, 84.
1 Section 4. All subordinate officers and employees in the several ^ulfordiSte ' °^
2 institutions shall be appointed by the warden or superintendent thereof if27"ii8. § 2.
3 and hold office during the pleasure of said warden or superintendent. R^s. 144, § 5.
4 Appointments in the prison camp and hospital, state prison colony and 1859! 177! § 2
5 state farm shall be subject to the approval of the commissioner. 1864,288', § 11'.
1866,198,5 2. 1884, 25.5, § 21 ; 297, § 3. 1901, 364, § 3.
1872,45.5 4. 1887, 355, §§ 1, 2. R. L. 85, § 2; 223, §§ 4, 22,
1874, 385, § 7. 1891, 299. 30; 225, § 65.
1879, 294, §§ 13, 23. 1894, 477, § 2. 1916, 183; 241, § 1.
1881, 178, § 2. 1898, 393, §6. 1919, 199, §1;
P. S. 86, §20; 221, § 8. 1899, 245, § 1. 350, §§ 82. 84.
1882, 203, § 2. 1900, 286, § 1. 1927, 289, § 4.
1 Section 5. If the office of warden, superintendent of the Massa- vacancy in
2 chusetts reformatory or reformatory for women is vacant, or if the or superfn-
3 warden or superintendent is absent from the prison or reformatory or is 1827! us, § 4.
4 unable to perform his duties, the deputy warden or deputy superin- f^ fe.^lf'
5 tendent shall have the powers, perform the duties and be subject to the ^^ |g 'J^'
6 liabilities of the warden or superintendent. If the office of warden or 1,^^|'||',*' ^ ■**
7 superintendent becomes vacant, the commissioner mav require the §§22,23!
• • ' 1 SS3 267
8 deputy warden or deputy superintendent to give a bond to the common- §§ 3,' 4.
9 wealth, in such sum as the comptroller may prescribe, with sureties ap- W^i^^it
10 proved by the commissioner, conditioned for the faithful performance of |^§8;||,^35.
11 his duties as deputy warden and treasurer or as deputy superintendent J|||^' 2«. § i-
12 until a warden or superintendent is cjualified, and faithfully to account ll^lj^g"'
13 for all money received by him as such. After the approval of such 1620, '546, § 4.
14 bond, the deputy shall, so long as he performs the duties of the office,
15 receive the salary of the warden or superintendent in lieu of his salary
16 as deputy warden or deputy superintendent. If the deputy warden or
17 deputy superintendent does not give such bond when required, the
18 commissioner may remove him from the office of warden or superin-
19 tendent, and appoint a temporary warden or superintendent, who shall
20 give such bond, and shall have the power and authority, perform the
21 duties and receive the salary of the warden or superintendent until a
22 warden or superintendent is qualified.
1 Section 6. The warden of the state prison or the superintendent of JS^n"^
2 the Massachusetts reformatory or reformatory for women may designate deputies.
1518
STATE PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 125.
1916; 241! 5 1. for temporary service one of the officers of the institution as assistant 3
1919^350, deputy. He shall perform duties assigned by the warden or superin- 4
1931, 'aoi, § 94. tendent, and in tlie absence of the deputy warden or deputy superin- 5
6
tendent shall perform the duties of that officer.
^per™teTcfent SECTION 7. The wardcu of the state prison or the superintendent of 1
to suggest tj^g Massachusetts reformatory or reformator\- for women shall from 2
changes in . ^ , "- . . ... i i • • o
rules. time to time suggest to the commissioner in writing such alterations m .i
R."s.' 144.' § 6.' the rules and regulations as he considers advisable for the direction of 4
1879', 294! § 34! the officers and the goyernment of the institution. 5
p. S. 221, § 19. 1916, 241, § 1. 1919, .5; 350, §§ 82, 84.
R. L. 223, § 7. 1918, 257, §§ 470, 473. 1920,2.
Uniforms, etc.
1873, 193, § 1.
1875, 56, § 1.
P. S. 221, § 10.
R. L. 223, § 18.
1918, 257,
§§ 471, 474.
Section 8. Officers of the state prison, Massachusetts reformatory
and reformatory for women, except the clerk, physician and chaplain,
shall while on duty wear such uniform, cap or badge as the warden or
superintendent may prescribe.
1919, 5. 1920, 2.
KrCTs^"*'" Section 9. The wages paid by the commissioner to male laborers 1
1916' 241 1 directly employed by him shall be not less than two dollars and a half a 2
1919! 35o! day. 3
5^ *'•*■*• - 4 Op. A. G. 489.
Oaths of sub- Section 10. All Subordinate officers of the state prison, state prison
officers. colony, Massachusetts reformatory or reformatory for women, before
R. l! 223! § 9! entering upon the performance of their official duties, shall take and
§'m7i"^474. subscribe the following oaths:
1919, 5.
1920. 2.
1929, 170, § 1. j^ j^ -g ^ j^ solemnly swear that I will bear true faith and allegiance to the
commonwealth of Massachusetts, and will support the constitution thereof.
So help me, God.
I, A. B., do solemnly swear that I will obey the lawful orders of all my superior
officers. So help me, God.
I, A. B., do solemnly swear and affirm that I will faithfully and impartially
discharge and perform all the duties incumbent on me in the office to which I
have been appointed, according to the best of my abilities and understanding,
agreeably to the rules and regulations of the constitution, the laws of the com-
monwealth and the rules provided in accordance with law for the government
of the state prison (state prison colony, !Massachusetts reformatory or reforma-
tory for women). So help me, God.
The oaths may be administered by any officer authorized by law to 5
administer oaths, and a record thereof shall be in the possession of the 6
warden or superintendent. 7
Purposes of
state prison,
1805, 113,
§§ 1,2.
1811, 32,
ii 1,2.
1827, 118, § 10.
R. S. 114,
5§ 1, 30.
G. S. 179, 5 1,
1869, 334.
1878, 62.
P. S. 221, 5 1.
THE state prison.
Section 11. The state prison at Bo.ston shall be the general peni-
tentiary and prison of the commonwealth where all male persons con-
victed of crime in a court of the commonwealth or in any court of the
United States and sentenced by them according to law to solitary im-
prisonment and confinement in the state {)rison at hard labor shall be
securely confined and employed at hard labor; but a person convicted
and sentenced before a court of the I'nited States need not be received
Chap. 125.] state penal and reformatory institutions. 1519
8 in said prison unless the United States shall agree with the commissioner iR84. 255, 5 6.
9 to pay all expenses incurred by the commonwealth in maintaining him u. l'. 223, 5 1.
10 therein.
1916, 241, § 1. 1919, 350, §§ 82, 84.
1 Section 12. The governor and council shall visit the prison annually, visits of
2 and as much oftener as they may think proper, to examine into its affairs and"oSncii.^
3 and ascertain its condition. They shall inquire into all alleged abuses mH; ?f8,^§"'i7.
4 or neglects of duty, and may make such alterations in the general dis- g; g; J^; 1 1'
5 cipline of the prison as they find necessary.
p. S. 221, § 5. R. L. 223, § 2.
1 Section 1.3. The officers of the state prison shall be a warden, Officers
2 deputy warden, chaplain, physician and surgeon, clerk, engineer, not hHi'i;32. '§3. '
3 more than three assistant engineers, electrician, and as many correction Ish'. le, '§ i;'
4 officers, not exceeding fifty-eight, as the warden, subject to the approval r*sA44,
5 of the commissioner, may find necessary; provided, that there may be f^go' Igg 52.
6 employed therein such additional officers as the commissioner shall i»^f 242. ^ ^
7 consider necessary to comply with section thirty-nine of chapter one a^s." 179.' § 7.
8 hundred and forty-nine. In certifying the names of persons eligible to i878! 269!
9 appointment as correction officers, the commissioner of civil service §§.34,"'35.'
10 shall certify the names of persons over the age of twenty-five and under p^^g.'iJf.'i^e.'
11 the age of forty.
1882, 203, § 1. 1899. 245, §§ 1, 4. 1916, 241, § 1 : 278.
1888,264,5 1. 1900, 286, §1. 1919, 157. §§ 1, 2;
1889,412,5 1. R. L. 223, § 3. 3.50. §§ 63, 64, 82, 84.
1893, 4.56. 1908, 547, § 2. 1926, 343, 5 I.
1894,477,5 2. 1909.514,55 54,145. 1931,426,5 238.
1 Section 14. The warden shall have the custody and control of all ^Xtl^l""^
2 convicts in the prison, and shall govern and employ them according to "^^^f'^j, 5 3
3 law, pursuant to their respective sentences and to the rules and regu- i^^j! ns,
4 lations of the prison, until their sentences have been performed or they r. s'. 144,
5 are otherwise discharged by due course of law. He shall also have the g. s '179',
6 charge and custody of the prison and of the land, buildings, furniture, p^"2i?;
7 tools, implements, stock, provisions, and all other property belonging f|o"i°'224, § 1.
8 to it or within its precincts. He shall be treasurer of the prison, and shall f^^^^- 2|3. | 6.
9 receive and disburse all money paid to him by the commonwealth for the 1?'^a''|?'
10 support thereof, and shall cause regular and complete accounts to be 1924, '260.
11 kept of all the property, expenses, income and business of the prison.
12 He may, with the approval of the commissioner, expend not more than
13 three hundred dollars annually for the entertainment of official and other
14 visitors to the state prison.
1 Section 15. The warden and deputy warden shall reside constantly official
2 within the precincts of the prison. The deputy warden, clerk, correc- JarJen and
3 tion officers, and all other subordinate officers of the prison shall perforin Duties of
4 such duties in the charge and oversight of the prison, the care of its f827.'Vil!'^5 5.
5 property, and the custody, government, employment and discipline of g |; }^^' | .||;
6 the convicts, as the warden, in conformity to law and the rules and fdng 145^2*'
7 regulations of the prison, may require.
1900, 286, 5 2. R. L. 223, 5 11. 1926, 343, 5 5.
1 Section 16. The chaplain shall conduct divine service in the chapel Jhapfain^
2 of the prison, shall instruct the convicts in their moral and religious }|i:*' }f|; | J;
3 duties, visit the sick on suitable occasions, have charge of the school R- s. i44, 5 12.
1520
STATE PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 125.
G. s. 1J9, § 19. and library of the prison under the direction of the warden, and shall 4
p. s.' 221'. § 12. devote his entire time to the duties of his office. 5
1901, 364. R. L. 223. I 12.
Duties of
physiciaD.
1814, 156, § 2.
1827, 118, § 6.
R. S. 144, § 13.
G. S. 179, § 20.
P. S. 221, §13.
R. L. 223, § 13.
Section 17. The physician shall visit the hospital of the prison at 1
least once a day and as much oftener as necessary, shall prescribe for 2
sick convicts, and attend to the regimen, clothing and cleanliness of con- .3
victs in the hospital. He shall keep a regular journal of all admissions 4
to the hospital, the time of admission, the nature of the disease, his pre- 5
scriptions, the treatment of each patient and the time of his discharge 6
from the hospital or of death. The journal shall also contain entries of 7
all orders given for supplies for the hospital department, specifying the 8
articles ordered, and it shall remain at the prison. All such orders shall 9
be in writing, and the warden shall provide the supplies so ordered. 10
Care of sick
prisoners.
Section 18. If a convict complains of illness requiring medical aid,
G 1' 179' 1 22' notice thereof shall be given to the physician, who shall visit the convict,
ps.22l'§i5. and if in his opinion the illness requires the convict's removal to the
hospital, the warden ma,y order such removal, and the convict shall re-
main in the hospital until the physician determines that he may leave it
without injury to his health.
hospital*''* Section 19. The physician shall have the direction of the subsistence 1
r^s'i44*'h"' ^^^ '^'^t ^^ ^^^^ convicts in the hospital; but his order for all articles of 2
p i rn' 1 16' comfort or indulgence not included in their regular hospital rations shall 3
R. L. 223', § 15. be in writing and for a term of not more than one week. 4
priTo"ners. Section 20. Hc shall attend upon all insane convicts, and if in his
G*l'i79 5 21 opinion they can be removed to the prison hospital without detriment
R L ^2^23 V*6 ^'' ^^nger to the other patients or inmates of the prison, he shall order
them so removed, and shall see that they have sufficient daily exercise
outside their cells or places of confinement.
pi^Sn^to^^' Section 21. Neither the warden nor any officer appointed by him, 1
have no other exccpt the physiciau, shall be employed in any business for private 2
1827, 118, §8. emolument or which does not pertain to the duties of his office. 3
1906, 242.
R. S. 144, §7.
G. S. 179. § 12.
P. S. 221,
R. L. 223,
§ 9.
§17.
Salaries, etc.
1811, 32, § 12.
1814. 156, § 3.
1818, 19.
1828, 118, § 2.
1829, 114, § 3.
1832, 129, § 1.
1833, 67, § 1.
R. S. 144, § 8.
1854, 270.
1855, 334.
1857, 122,
I 2; 196.
6. S. 179, § 13.
1867, 312.
1870, 243.
1871,. 301.
1878, 269.
Section 22. The warden and the deputy warden of the prison shall 1
receive such salaries as shall be fixed by the commissioner with tlie ap- 2
proval of the governor and council, not exceeding five thousand dollars 3
in case of the warden or three thousand dollars in case of the deputy 4
warden. Each other officer or employee of the prison shall receive such 5
salary as may be fixed under and in accordance with sections forty-five 6
to fifty, inclusive, of chapter thirty. No other perquisite, reward or 7
emolument shall be allowed to or received by any of the said officers, 8
except that the warden and deputy warden shall be allowed mainte- 0
nance for themselves and their families. 10
1881, 178, § 2.
P. S. 221, § 11.
1882, 203, § 3.
1884, 95.
1888, 264, § 2.
1889, 412, § 2.
1893, 455.
1894, 370.
1899, 245. § 3.
1900, 286, § 3.
R. L. 223, § 19.
1902, 454.
1910, 430, §§ 1,
1911, 467; 542,
§§ 1,2.
1914,554, §§ 1,
1916, 278.
1919, 157, §§ 1, 2;
186; 213, § 1; 234,
§ 1; 350, §§82,84.
1920, 340; 353;
4,59.
1926, 343, S 2.
1929, 332, S 1.
Chap. 125.] state penal and reformatory institutions. 1521
THE MASSACHUSETTS REFORMATORY.
1 Section 23. The Massachusetts reformatory at Concord shall be Purposes of
2 the reformatory prison for the commonwealth in which all male persons reformatory.
.3 under the age of thirty convicted of crime in the courts of the common- f^s,' ilf's 2!^*''
4 wealth or of the United States, and duly sentenced or removed thereto, 2 0p!a!g'9o"'
5 shall be imprisoned and detained in accordance with the sentences or
6 orders of .said courts and the rules and regulations of said reformatory.
1 Section 24. The officers of the reformatory shall be a superin- ofBcers._
2 tendent, deputy superintendent, chaplain, physician, clerk, engineer, isss! 335! 5 1.
3 and as many correction officers, not exceeding sixty, as the superintendent, iggo! 255!
4 subject to the approval of the commissioner, may consider necessary; i894;477;§2:
5 provided that there may be employed therein such additional officers Jgos,' If?' § 2'
6 as the commissioner shall consider necessary to comply with section isos, sh^
7 thirty-nine of chapter one hundred and forty-nine.
1910, 241, §1- 1919, 350, §§82, 84. 1926. 343, § 3.
1 Section 2.5. The commissioner may designate as parole clerk one Parole derk.
2 of the officers at the Massachusetts reformatory. He shall perform 1919! iob-
3 such duties relating to the parole of inmates of the reformatory as the 1920, 362T'
4 commissioner may prescribe. While performing the duties of parole ^®^°' ^^°' ^ ^'
5 clerk, such officer shall receive such salary as may be fixed under and
6 in accordance with sections forty-five to fifty, inclusive, of chapter
7 thirty. No officer so designated shall by reason of such designation
8 lose any rights that he may have had to retirement and pension under
9 sections forty-six to forty-eight, inclusive, of chapter thirty-two.
1 Section 26. The superintendent shall reside at all times within the Official resi-
2 precincts or dependencies of the reformatory. He shall have the custody duties of
3 and control of prisoners committed to the reformatory, the management ™p"'°'«"''-
4 and direction of the reformatory, under the rules and regulations thereof, jj^lg^^lf;
5 and the custody and control of the buildings and property of the com- i|86, 323, § 6.
6 monwealth connected therewith. He shall recei\e and securely keep, R l' 223', _§ 24.
7 according to the terms of the sentence, any male person sentenced to 1919! 350',
8 the reformatory by any court of the United States, or sentenced by such 1923,362', §78.
9 court to any other prison and removed to the reformatory. He shall, 2 0p. a. o. 35.
10 if authorized so to do by the state purchasing agent, purchase all neces-
11 sary supplies for the reformatory, and shall receive and disburse all
12 money paid to him by the commonwealth for the support thereof. He
13 shall cause to be kept such books of account of the property, expenses,
14 income and business of the reformatory as may be approved by the
15 comptroller. He may, with the approval of the commissioner, expend
16 not more than three hundred dollars annually for the entertainment of
17 official and other visitors to the reformatory.
1 Section 27. The chaplain sliall devote his entire time to the instruc- Duties of
2 tion of the prisoners and to the promotion of their moral and religious i884,'255, § 27.
3 well-being.
1890, 255. R. L. 223, § 20.
1 Section 28. The physician shall devote his entire time to the Duties of
2 service of the reformatory. " ^^'°'^"'
1522
STATE PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 125.
Salaries, etc.
1884, 255, 5 22.
1888, 335, § 2.
1889, 408, 5 2.
1893, 333, § 2
R. L. 223, ' '
1908, 426
1910. 430
1911, 542
1914, 554,
§§ 1,2.
1919, 157
213, § 1;
234, § 1.
1920, 343;
3.53; 459.
1926, 343, § 4.
1929, 332, § 2.
§27.
§1;
Section 29. The superintendent and the deputy superintendent of
the reformatory shall receive such salaries as shall be fixed by the com-
missioner with' the approval of the governor and council, not exceeding
five thousand dollars in case of the superintendent or three thousand
dollars in case of the deputy superintendent. Each other officer or
employee of the reformatory shall receive such salary as may be fixed
under and in accordance with sections forty-five to fifty, inclusive, of
chapter thirty. No other perquisite, reward or emolument shall be
allowed to or received by any of the said officers, except that the super-
intendent and deputy superintendent shall be allowed maintenance for 10
themselves and their families. 1 1
Purposes
of reforma-
tory for
women.
1874, 385,
P. S. 221,
1887, 426,
1896, 304.
R. L. 223,
1911, 181;
595, §§ 5,
1913, 796,
§§ 1,2.
215 MaS3.
§3.
§43.
§1.
5 28.
12.
THE REFORMATORY FOR WOMEN.
Section 30. The reformatory for women at Sherborn shall be the
prison of the commonwealth where all females convicted of crime in the
courts of the commonwealth or of the United States, and duly sentenced
or removed thereto, shall be imprisoned and detained in accordance with
the sentences or orders of said courts and the rules and regulations of
said institution. A department for defective delinquents shall be main-
tained for the custody of persons committed thereto under sections one
hundred and thirteen to one hundred and twenty-four, inclusive, of
chapter one hundred and twenty-three.
Officers.
1874, 385,
§§ 5,8.
1881,43.
P. S. 221.
§§44, 47.
R. L. 223,
1908, 547,
1909, 514.
§§ 54. 145
1912, 380,
1916, 241, § 1
1919, 350,
§§ 82. 84.
Section 31. The officers of said reformatory shall be a superin- 1
tendent, deputy superintendent, chaplain, physician, clerk, as many 2
matrons, not exceeding twenty-six, as the superintendent and the com- 3
29. missioner may judge necessary; provided that there may be employed 4
" therein such additional officers as the commissioner shall consider neces- 5
1. sary to comply with section thirty-nine of chapter one hundred and 0
forty-nine. All said officers shall be women, except that the superin- 7
tendent may be either a man or a woman. 8
Burial place SECTION 32. The commissioncr mav, in behalf of the common-
for prisoners. « , ' i • , • i i» -,i i
18S2, 213. ^^ wealth, hold not more than one acre of land within the town ot Sherborn
1916' 241,' § 1. ' which may be used for the burial of prisoners who die in the reformatory.
1919, 3.50, §§ 82, 84.
Official resi-
dence and
duties of
superintend-
ent.
1874, 385, § 10.
P. S. 221, § 49.
1883, 267, § 1.
R. L. 223, § 33.
Section 33. The superintendent shall reside at all times within the 1
precincts or dependencies of the reformatory, shall have the custody 2
and control of all prisoners committed thereto, and shall govern and em- 3
ploy them according to law, pursuant to their sentences and the rules 4
and regulations of the reformatory. He shall ha\e the management 5
and direction of the reformatory, its servants and employees, and all its 6
affairs, except as otherwise provided. 7
Additional SECTION 34. He shall receive and disburse all money paid to him
i883."267, § 1. by the commonwealth for the support of said reformatory, shall, if au-
1923^ 362,' § 79! thorized so to do by the state purchasing agent, purchase all supplies
and all other articles needed for carrying on and managing it, shall have
the custody and control of all property connectetl with or belonging to
it, and shall cause to be kept such books of account of all its property,
expenses, income and business as may be approved by the comptroller.
Chap. 125.] state penal and reformatory institutions. 1523
1 Section 35. The chaplain sliall, in addition to other duties, act as nuticsot
2 teacher, and as such have charge of the reformatory school and of the iHsSt,*!". § i.
3 instruction of the prisoners, under rules established by the superintendent Igiu, U't, § il''
4 and approved by the commissioner.
1919, 330, §§82, 84.
1 Section 36. The physician shall devote her entire time to the service Duties ot
2 of the reformatory.
1913, 675.
physician.
1 Section 37. The superintendent may appoint a watchman to pro- watchman for
2 tect the waters of Washakum pond in the towns of Framingham and ^nd!"'"'™
3 Ashland, who shall have the powers of a state police officer.
1888, 370, § 3. 1896, 275. R. L. 223, § 38.
1 Section 38. The salaries of the officers and employees of the reform- salaries, etc
2 atory shall be fixed by the commissioner in accordance with .sections pn'-i-n.^ii.
3 forty-five to fifty, inclusive, of chapter thirty. No other perquisite, i887!34i.^'^'
4 reward or emolument shall be allowed to or received by any of them, \l^f ||^-
5 except that all said officers may reside at said reformatory or its de- f^^'^ 223, § 39.
6 pendencies at the public charge.
1912,380,5 2. 1919,157,55 1,2; 1931,301,5 95.
1913, 675, § 1. 233, §§ 1, 2.
PRISON CAMP AND HOSPITAL.
1 Section 39. The prison camp and hospital at West Rutland shall Purposes of
^ , , . . . 1*1 II- I . prison camp
2 be the institution to which such male prisoners, except those serving and hospital.
• . 1898 393
3 sentences for life in the state prison, as have shown by their conduct §§5,'7. '
4 and disposition that they would be amenable to less rigorous discipline wob, 240';
5 and would benefit from work in the open air may be removed from the ?io6,^243, 5 1.
6 state prison, Massachusetts reformatory, state farm and jails and houses 264^i/at3. 490.
7 of correction. There shall be at that institution a hospital for the con-
8 finement and treatment of male prisoners having tubercular disease who
9 are removed thereto under section seventy-nine of chapter one hundred
10 and twenty-seven.
1 Section 40. The superintendent of the prison camp and hospital ^"'r'inl'end-
2 shall have the custody of all prisoners removed to the prison camp and em.
3 hospital.
1S9S, 393, §§ 5, 6. 1906, 243, § 1. 1931. ,301, 5 96.
R. L. 225, § 65. 1916, 183; 241, § 1. 264 Mass. 490.
1905, 355, § 4. 1919, 350, §§ 82, 84.
1 Section 41. Purchases and sales on account of the prison camp and fn^'^g'^^^lf
2 hospital shall be made by the superintendent, with the approval of the \^^^- 393, 8 !>_
3> • R. Li. 225, § t>7<
commissioner.
1906, 243, § 1. 1916, 241, § 1. 1919, 3.50, §§ 82, 84.
st.\te prison colony.
1 Section 41 A. The commissioner is hereby authorized to establish state prison
2 an institution to be known as the state prison colony upon a site to be StTbiish-
3 approved by the commission on administration and finance on any land i'927','289' § i.
4 now owned by the commonwealth which, in the opinion of said com- s^lag*"®'
5 mission, is not needed for any other state purpose, or upon land acquired
6 as hereinafter provided. The commissioner, on behalf of the common-
1524
STATE PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 125.
wealth, may, with the approval of the governor and council, take by 7
eminent domain under chapter seventy-nine, or acquire by purchase 8
or otherwise, land necessary for the establishment of said institution. 9
Removal from
state prison
and status of
certain
prisoners
regulated.
1927, 289, I 1.
Section 41B. The commissioner may remove to the state prison 1
colony any prisoner held in the state prison who, in his judgment, may 2
properly be so removed and may at any time return such prisoner to 3
the state prison. Prisoners so removed shall be subject to the terms of 4
their original sentence and to the provisions of law governing parole 5
from the state prison. 6
°perTnt°e'nd- SECTION 41C. The Superintendent of said state prison colony shall 1
1927, 289, § 1. hfive the care, custody and control of all prisoners removed to the state 2
1931, 301, § 97. prison colony. 3
Purchases
and sales.
1927, 289, § 1.
Section 41D. Purchases and sales on account of the state prison 1
colony shall be made by the superintendent with the approval of the 2
commissioner. 3
1
^sions"o7ia'w Section 41 E. All provisious of law applying generally to the in-
i927,'^2S9! § 1. stitutions under the control of the department of correction shall apply 2
to the state prison colony. o
state farm.
Section 42. [Repealed, 1921, 486, § 29.]
fo"!!!!™^"™™" Section 43. The commissioner shall have general supervision of the 1
state farm. 2
vision.
1866, 198, 5 3
1879, 291, §§ 1-3.
P. S. 88, § 4.
1886, 101, § 4.
1898. 433, § 24.
R. L. 85, § 29.
1916, 241, § 1.
1919, 199, 5 1;3.50,
§§ 82-84, 86.
Section 44. The commissioner, with the approval of the governor 1
Rules and
regulations.
ioJ«' ?Io' I S" and council, shall establish rules and regulations for the proper manage-
Ihob, 198, §.!. «i I. 1 11 PI
Gs. 71, 132, ment oi the state tarm and see that they are enforced.
' ' ' p. S. 88, §1. R. L. 85, §3. 1919, 199, §1;
1884, 297, § 2. 1916, 241, § 1. 350, §§ 82, 84, 86.
St'e'itfen't^"'"^"^" Section 45. The superintendent shall have the management and 1
1866, W8, control of the state farm and its operations, subject to the approval of 2
R L^isS'is *^^^ commissioner. 3
■ ■ ■^ ■ 1916,241,5 1. 1919, 199. § 1; 3.50, §§82, 84, 86.
S°8llpe?fn-*'°° Section 46. The commissioner shall fi.\ the compensation of the 1
I866''"i98 § 2 superintendent, subject to the approval of the governor and council. 2
1872, 45. § 4. 1891,299, §1. 1919, 199, §1:
1879, 291, § 10. R. L. 85, § 2. 350, §§ ,'•2, 84.
p. S. 88, §3. 1916, 241, § 1. 1931, 301, §98.
1884, 297, § 3.
Superintendent
and physician
may reside at
the state farm.
1852, 275, § 5.
Section 47. The superintendent and physician may reside with their 1
families at the state farm. The superintendent shall receive no per- 2
quisites for his services except as aforesaid. 3
G. S. 71, § 34. p. S. 86, §§ 16, R. L. 85. § 6.
1876, 179, § 1.
1879, 291, § 10.
19; 88, § ;
1919, 199, § 1.
Chap. 125.] state penal and reformatory institutions. 1525
1 Section 48. The Bridgewater state hospital shall be part of the ^"/^\<Jff™|^\<;^^,
2 state farm, and the superintendent thereof shall, with the approval of J^«|^^95i'
3 the commissioner, appoint a physician as medical director. The medical §§ i^;2._ '
4 director shall have the care and custody of the inmates thereof and fgoo, soi.S^gs.
5 govern them in accordance with regulations approved by the com- J^j§; ||J; ' ^•
/■ • • 55 82, 84.
6 missioner. "
1931, 301, § 99.
prison contracts.
1 Section 49. All contracts on account of the state prison, Massa- Contracts
2 chusetts reformatory, reformatory for women, prison camp and hos- 1827; 118. 5 3.
.3 pital, state prison colony and state farm, except those required to be a.tui'Jii:
4 made by the state purchasing agent, shall be made by the warden or p^i-iit;lll
5 superintendent in writing, and when approved in writing by the coni- }|||;f{55;|-^-
6 missioner shall be binding. The warden and superintendents, or their faj^fffjl'
7 successors, may sue or be sued upon any contract made in accordance i9i|^3|o.'
S with this chapter. No such suit shall abate by reason of said offices lop.'sea. § so.
9 becoming vacant, but the successor of any of said officers, pending such u^Me't^m.^'
10 suit, may, and, upon motion of the adverse party and notice shall, " *^"^'' *^°-
1 1 prosecute or defend it.
1 Section 50. The warden or superintendent may submit any contro- Arbitration of '
2 versy relative to a contract made by him or an action pending thereon r. s. 144, s'20.
3 to the final determination of arbitrators or referees to be approved by 1879, 294'. § 20!
4 the commissioner.
p. S. 221. § 56. R. L. 223, § 42. 1919. 350, §§ 82. 84.
1883, 267, § 5. 1916, 241, § 1.
1 Section 51. [Repealed, 1923, 362, § 81.]
1 Section 52. [Repealed, 1923, 362, § 81.]
1 Section 53. The warden or superintendent shall, at the time sup- Biiistobe
2 plies for the institution are delivered, take bills of the quantity and price purchas°es.
3 thereof, which the clerk or such officer as the warden or superintendent r^ s"'i44!'§ 24
4 directs shall compare with the articles delivered, and, if they are correct, p. 1 22i!'§^24^'
5 shall enter them with the date upon a book kept for them. Bills for all ^- ^ ^-^^ ^ *^
6 services rendered for the institution shall be taken and entered in like
7 manner. If a bill for supplies or services is incorrect, the clerk shall
8 not enter it, but shall inform the warden or superintendent, so that the
9 error may be corrected.
1 Section 54. The salaries and pay of officers and employees and all fo be'paid'" '
2 bills for supplies and other expenditures for said institutions shall be y^°54'''i^9, 5 5,
3 paid monthly by the commonwealth, having first been certified by the fgg4 aJj^j^'j-
4 comptroller, upon schedules, enumerating the bills and pay rolls and 187^4,^3^85 5^24.
5 accompanied by vouchers. The name and position of each officer and 221. §6o.
6 employee, the amount of his pay and the amount due him shall be on 1884! 255! § 30.
7 the pay roll, which, with said bills, shall be certified by the warden or i888'337; 403,
8 superintendent and approved by the commissioner. A record in full }||^; |^|- 5 g
9 of the pay rolls and bills shall be made by the clerk in a book kept there- ^gs^j^^^g^ j|:
10 for at each institution, and the originals shall be deposited with the 225^5^67'^ ^^
11 comptroller as vouchers.
1526
JAILS, HOUSES OF CORRECTION, ETC.
[Chap. 126.
CHAPTER 126.
JAILS, HOUSES OF CORRECTION AND REFORMATION, AND COUNTY
INDUSTRIAL FARMS.
Sect.
inspection of prisons.
1. County commissioners as inspectors of
prisons. Duties.
2. Access to books, accounts, etc.
3. Notice to district attorney of violation
of law.
JAILS.
4. Jails, purposes of.
5. Confinement in any jail in county.
6. Reimbursement of sheriff for damages
for escape.
7. Return of list of prisoners to court.
Penalty.
HOUSES OF CORRECTION.
8. Houses of correction, how provided, etc.
9. Enclosed yards.
10. Execution of sentence in any house of
correction in county.
11. County commissioners, etc., to enforce
rules, inspect accounts, etc.
12. Sheriff to report to court as to employ-
ment, etc., of prisoners.
HOUSES OF REFORMATION FOR JUVENILE
OFFENDERS.
13. [Repealed.]
14. [Repealed.]
15. [Repealed.]
JAILS, HOUSES or CORRECTION AND PRIS-
ONERS.
16. Sheriff to have custody of jails, etc.
Bonds of jailer, etc.
17. Sheriffs not to receive rent, etc.
Sect.
18. Compensation and duties of ofEcers,
assistants, etc.
19. [Repealed.]
20. [Repealed.]
21. Abstract of mittimus committing fe-
male to be sent to commissioner.
22. Burial of deceased prisoner.
23. Sheriff to deliver prisoners to successor.
24. Temporary control of jail, etc., follow-
ing death of sheriff.
25. Care of jail, etc.
26. Removal of prisoners in case of pesti-
lence.
27. Removal of prisoners in case of danger
from fire.
28.
EXPENSE OF SUPPORTING PRISONS.
County commissioners to procure sup-
plies.
29. Expense of supporting convicts.
30. Advances for expenses.
31. Application for an advance.
32. Accounting.
33. Clothing, bedding and fuel.
34. Keeper to obey orders for furnishing
specific rations. Penalty.
COUNTY INDUSTRIAL FARMS.
35. Acquisition, improvement and sale of
land.
36. Erection of buildings, etc. Manage-
ment.
37. Prisoners on industrial farms.
38. Bonds, etc., to meet expenses.
39. County commissioners to provide for
ptiyment of loan, etc.
County com-
missioners as
inspectors
of prisons.
Duties.
1834, 151, §15.
R. S. 143,
§§28. 29.
1843, 61. § 2.
1845, 221.
G. S. 178,
§§ 62, 64.
1864, 311, 5 1.
P. S. 220,
}§ 72, 73.
R. L. 224, § 1.
INSPECTION OF PRISONS.
Section 1. The county commissioners shall be inspectors of the 1
prisons in their counties. They shall twice in each year, at intervals 2
of not exceeding eight months, themselves or by a committee of two of .'3
their members, visit all the prisons in their county, and fully examine 4
into everything relative to the government, discipline and police thereof; 5
and as soon as may be after each inspection, the committee shall make (>
and subscribe a detailed report to the commissioners of the condition 7
of each prison as to health, cleanliness and discipline at the time of in- S
spection, the number of prisoners confined there within the preceding !)
six months or since the last inspection, the causes of confinement, the 10
number of prisoners usually confined in one room, the distinction, if any, 11
usually observed in the treatment of the different classes of prisoners, 12
the punishments inflicted, any evils or defects in the construction, dis- 13
Chap. 126.] jails, houses of correction, etc. 1527
14 cipline or management of such prisons, the names of prisoners who have
15 been discharged or pardoned or who have died or escaped, and any viola-
16 tion or neglect of law relative to such prisons, with the causes, if known,
17 of the violation or neglect.
1 Section 2. When the commissioners or any of them visit any of ^ooks!a?-
2 said prisons, the sheriff, master, keeper or other officer in charge thereof 5™^"^i43"'-5 31
3 shall admit them, when required, into every apartment of such prison, p Igl^f 74'
4 exhibit all books, precepts, documents, accounts and papers relative to r. l. 224, § 2.
5 the affairs of the prison or to the detention or confinement of any person
6 therein, which may be required, and give such aid as they request in the
7 performance of their duties. The commissioners or their committee may
8 examine on oath, administered by one of them, either by written inter-
It rogatories, to be answered in writing and subscribed, or otherwise as they
10 may direct, any officer, keeper or other person relative to the affairs or
1 1 management of any prison, and they may also converse with any prisoner
12 apart, and without the presence of any oflSicer or keeper.
1 Section 3. If it appears to the commissioners, from the report of their Notice to dia-
2 committee or otherwise, that any law relative to prisons has been violated lf'viokt°o™^''
3 or neglected in their county, they shall forthwith give notice thereof to R.'i^iis, % 32.
4 the district attorney.
G. S. 178, § 67. P. S. 220, 5 75. R. L. 224, 5 3.
JAILS.
1 Section 4. Jails shall be used for the detention of persons charged Jos|;^"""
2 with crime and committed for trial, committed to secure their attendance g | ij|| y^-
3 as witnesses upon the trial of criminal causes, committed pursuant to a S |;|t°; |\-
4 sentence upon conviction of crime or for any cause authorized by law, u Gray, 226.'
5 or detained or committed by the courts of the United States.
1 Section 5. If there are several iails in a county, the sheriff may cause Confinement
2 the prisoners to be connned in any or them. in county.
R. S. 143, § 43. G. S. 178, § 2. P. S. 220, § 2. R. L. 224, § 5.
1 Section 6. If a prisoner escapes by reason of the insufficiency of ?f''X''riiT'foT''°'
2 the jail, whereby the sheriff is made liable to a party at whose suit the pg^^pf"^ '°''
3 prisoner was committed, or to whose use any forfeiture was adjudged J7g4"4i^'§\°'
4 against him, the county shall reimburse the amount recovered by such R. s.' u,' § 12.
5 party of the sheriff on account of the escape.
G. S. 178, § 4. P. S. 220, § 5. R. L. 224, § 6.
1 Section 7. The jailers of the county shall, at the opening of each Return otust
2 session of the superior court for criminal business, return to the court a to?oS't°'^"
3 list of all prisoners in their custody, specifying the causes for which and a^L.'m. 5 2.
4 the persons by whom they were committed, and produce and exhibit }7g°;4i"'§V.'
5 therewith, for the inspection of the court, their calendars of prisoners, and isse, 4^^§ 1^9^
6 return a like list of the persons committed during the .session of the court, p- s-'|2a' § 6^'
7 so that the court may take cognizance and make deliverance according
8 to law of the prisoners committed for crimes within its jurisdiction.
9 Jailers who neglect to make such reports or to exhibit their calendars shall
10 be punished by a fine at the discretion of the court.
1528
JAILS, HOUSES OF CORRECTION, ETC.
[Chap. 126.
Houses of cor-
rection, how
provided, etc.
C. L. 127, § 2.
1699-1700,
8, § 1.
1787,54, § 1.
1818, 123, § 5.
1834, 151, 5 1.
R. S. 14, §9;
143, § 2.
1848, 324, § 2.
HOUSES OF CORRECTION.
Section 8. The county commissioners in each county, except Dukes,
shall at the expense of the county provide a house or houses of correction,
suitably and efficiently ventilated, with convenient yards, workshops and
other suitable accommodations adjoining or appurtenant thereto, for
the safe keeping, correction, government and employment of offenders
legally committed thereto by the courts and magistrates of the common-
wealth or of the United States.
1854, 448, § 33.
G. S. 178, § 6.
P. S. 220, § 7.
1885, 266, § 6.
R. L. 224, § 8.
101 Mass. 24.
116 Mass. 193.
236 Mass. 539.
2 Op. A. G. 612.
Enclosed
yards.
1834, 151, § 1.
R. S. 143, §3.
G. S. 178, § 7.
P. S. 220, § 8.
R. L. 224, § 9.
Execution of
sentence in
any house of
correction
in county.
Section 9. The yards shall be of sufficient extent for the convenient
employment of the persons confined therein, and shall be enclosed by
fences of sufficient height and strength to prevent escapes and to prevent
all persons who are without from access to or communication with any
person confined therein. If such house of correction is not provided, the
jail or a part thereof may be used for that purpose ; but if so used it shall
be provided with a sufficient yard, so enclosed.
Section 10. A sentence to a house of correction shall be executed in
any house of correction in the county.
1859, 249, § 7.
G. S. 178, J 8.
1860,
1862,
164,
127,
5 1.
§ 1.
P. S. 220. § 10.
R. L. 224, § 10.
County com-
missioners,
etc., to enforce
rules, inspect
accounts, etc.
1834, 151, § 6.
R. S. 143, § 11
1857, 35.
G.S. 178, §12.
1877, 147.
P. S. 220, § 12.
Section 11. The county commissioners of the several counties and
the penal institutions commissioner of Boston shall cause the rules
established for the management of the house of correction and for the
government of the prisoners therein to be strictly observed, shall examine
all accounts of the master relative to the expenses of the institution, and
keep a record of their official proceedings relative thereto.
R. L. 224, § 11.
Sheriff to re-
port to court
as to employ-
ment, etc., of
prisoners.
1875, 83.
P. S. 220, § 16.
Section 12. The sheriff shall report to the superior court, at each 1
session for criminal business, the number of prisoners sentenced to labor 2
in houses of correction in the county employed, and also the number not 3
employed with the reasons why they are not employed. 4
R. L. 224, § 12.
houses of reformation for juvenile offenders.
Section 13. [Repealed, 1931, 426, § 27.]
Section 14. [Repealed, 1931, 426, § 27.]
Section 15. [Repealed, 1931, 420, § 27.]
.sheriff to have
custody of
jails, etc.
Bonds of
jailer, etc.
1859, 249, § 1.
G. S. 178. § 19,
1865, 241.
P. .S. 220, i 23.
R. L. 224, 5 16.
1914.34.
JAILS, HOUSES OF CORRECTION AND PRISONERS.
Section 16. The sheriff shall have custody and control of the jails
in his county, and, except in Suffolk county, of the houses of correction
therein, and of all prisoners committed thereto, and shall keep the same
himself or by his deputy as jailer, master or keeper, and shall be responsible
for them. The jailer, master or keeper shall appoint subordinate assist-
ants, employees and officers, and shall be responsible for them. In Suffolk
Chap. 126.] jails, houses of correction, etc. 1529
7 county the penal institutions commissioner shall appoint a master of Igfl'J^Q; ^ '^■
8 the house of correction, who shall hold office during the pleasure of said fj-^o '
, , • •! I • •• it>l iVX&SH. Oct 1 .
9 commissioner. A sheriff, who acts as jailer, master or keeper, or a jailer, 2 op. a. g.
10 master or keeper appointed by the sheriff, shall give to the state treasurer
11a bond, with such sureties as the superior court shall order and approve,
12 conditioned faithfully to perform his duties.
612
1 Section 17. No sheriff shall receive any rent or emolument from sheriffs not to
2 the jailers and keepers of the houses of correction for the use and occupa- etc.
3 tion of the dwelling houses provided for them by the county.
1830. 110, § 6. G. ,S. 178, § 21. R. L. 224, § 17.
R. S. 14, 5 92. P. S. 220, §25. 2 Op. A. G. 612.
1 Section 18. The compensation of all officers, assistants and em- CompensatLon
... ,, A . iiii 'iij.!* J.* *"^ duties
2 ployees of jails and houses oi correction shall be paid by their respective of 9fficers,
3 counties, and shall be in full compensation for all tlieir services. They i859,'249,' § 2.
4 shall devote their entire time, not exceeding the time limited by section fiM^w^H.
5 forty of chapter one hundred and forty-nine, to the performance of r l.^Im.S^is.
G their duties, unless released therefrom by the county commissioners. lais- 240, § 3.
1930, 400, §§ .5. 7-9. 145 Mass. 500.
1931, 301, § 18. 2 Op. A. G. 612.
[Special salaries of certain county employees, 191S, 260, § 1, as amended by 1919, 276.)
1 Section 19. [Repealed, 1931, 301, § 19.]
1 Section' 20. [Repealed, 1931, 301, § 19.]
1 Section 21. The keeper of a jail or master of a house of correction to Abstract of
2 which a female has been committed shall forthwith transmit to the com- mitting female
3 missioner of correction such an abstract of the mittimus upon which she commi33"ioner.
4 has been committed as he may require.
1879, 294, § 26. R. L. 224, § 21. 1919, 350, §§ 82, 83.
P. S. 220, §30. 1916, 241, § 1. 1931, 426, § 28.
1 Section 22. If a prisoner dies in the jail or house of correction, the Buriaiofde-
2 sheriff or keeper shall, except as provided in chapter one hundred and oner!
3 thirteen, deliver the body to his relatives or friends if they request it; r. s.' i4, § 87.'
4 otherwise, he shall bury it in the common burying ground, and the expense p. |. 22a'/3i^'
5 thereof shall be paid by the town where the deceased had a legal settle- ^ ^ ^-*' ^ ^^
6 ment, if any; otherwise, by the county. •
1 Section 23. Upon the expiration of the term of office of a sheriff, iver'prlsoners
2 or upon his resignation or removal, he shall deliver to his successor all jylg^lf j''^.
3 the prisoners in his custody, but he shall retain the keeping of the jails g | i*^ §^8^^
4 and houses of correction and of the prisoners therein under his care until p. s. 220, § 32.
5 his successor has qualified.
R. L. 224, § 23.
il.
1 Section 24. Upon the death of a sheriff, the jailer, master or keeper Temporary
11 1*1 11 • • rr'i-i J J control of jaii.
2 appointed by him shall continue in office and retain the custody and etc , following
3 control of the jail or house of correction and of all prisoners therein until sheriff"
4 a successor to the deceased sheriff has qualified, or until the governor, r*"!' u,' § se.
5 with the advice and consent of the council, removes him and appoints p |22o!'§y*
6 another. The jailer, master or keeper appointed by the governor shall R l. 224, § 24,
7 give bond, with sureties as the governor directs and approves, for the
1530 JAILS, HOUSES OF CORRECTION, ETC. [ChAP. 126.
faithful performance of the duties of his office and shall be reimbursed 8
in the manner provided in section sixteen for any premium paid to a 9
surety company thereon. 10
Care of jail, SECTION 25. The keeper of each jail and the master of each house 1
1834' i5i' I li °^ correction shall, at the county's expense, cause it to be constantly 2
G s 178' 1 3i' ^^P* '" ^^ cleanly and healthful a condition as may be. No permanent 3
p.' s.'22o,'§ 36. ■ vault shall be used in any apartment. Every room occupied by a prisoner 4
r.*l! 224', § 25. shall be furnished with a suitable bucket, with a cover made to shut 5
tight, for the necessary accommodation of sucii prisoner, and such bucket, 6
when used, shall be emptied daily and shall be constantly kept in good 7
order. 8
ptZZtI in Section 26. If disease breaks out in a jail or other county prison, 1
i?nce°' ''^^''' which, in the opinion of the inspectors of the prison, may endanger the 2
S ? H^' t *!• lives or health of the prisoners to such a degree as to render their removal 3
G. S. 178, § 48. , . ^ , . , . " . . -,111 -ii • 1
p. s. 220, § 51. necessary, the inspectors may designate in writing a suitable place within 4
' ■ ' ' the same county, or any prison in a contiguous county, as a place of con- 5
finement for such prisoners. Such designation, having been filed with 6
the clerk of the superior court, shall be a sufficient authority for the 7
sheriff, jailer, master or keeper to remove ail prisoners in his custody to 8
the place designated, and there to confine them until they can safely be 9
returned to the place whence they were removed. Any place to which 10
the prisoners are so removed shall during their imprisonment therein be 11
deemed a prison of the county where they were originally confined, but 12
they shall be under the care, government and direction of the officers of 13
the county where they are confined. 14
pH^erlfn SECTION 27. If a jail or other county prison or any building near 1
from°fire''''^" thcrcto Is ou firc and the prisoners are exposed to danger thereby, the 2
g|i*|'|*|- sheriff, jailer or other person in charge of the prison may remove them 3
p.' s.' 220,' §52! to a safe place, and there confine them as long as necessary to avoid the 4
' danger, and such removal and confinement shall not be deemed an escape 5
of the prisoners. 6
EXPENSE OF SUPPORTING PRISONS.
n,°"g"oners to Section 28. The county commissioners shall, except in Suffolk county, 1
pKs"''^ ^"P' without extra charge or commission to themselves or to any other person, 2
G^sui'i&o procure or cause to be procured all necessary supplies for the jails and 3
P. s. 220,' §53. houses of correction, to be purchased and provided under their direction 4
R L 224 5 ''S
2 bp. A. 0.612! and at the expense of the county. 5
Expense of SECTION 29. The cxpcnsc of keeping and maintaining convicts sen- 1
convicts. tenced to imprisonment in the jail or house of correction, of the keeping 2
1819 163 • • • • .
1826! 142! 5 1. of persons charged with or convicted of crime and committed for trial ur 3
R. s!i43!§27.' sentence, and of prisoners committed on mesne process or execution, so 4
G.^l.'i78^ § 51. long as the fees for their board are paid by the defendant or debtor, plain- 5
fsls^leeS^e' ^iff or creditor, shall be paid by the county after the accounts of the 6
?-^y- Hi-J ^^- keeper or master have been settled and allowed bv the countv comniis- 7
8 Met. 513. . ' • . /,• 11 11 !• i. 11 ■ 1 ■ 11 o
sioners, or, m hullolk county, l)y the auditor 01 Boston; and no allowance 6
therefor shall be made by the commonwealth. 9
Chap. 126.] county industrial farms. 1531
1 Section 30. Masters and keepers of jails and houses of correction Advances for
2 authorized or directed to expend money in behalf of the county may isM.TIi, § is.
3 have money advanced to them from the county treasury in such amounts ^ 23. 24.'
4 as the county commissioners may approve, not exceeding the sum of \lll[ HI] | 33.
5 three hundred dollars at any one time.
G. S. 17S, § 52. R. L. 224. § 30. 1925, 173.
P.S. 220, §55. 1912, 77. §1.
1 Section 31. Every officer applying for such an advance shall certify Application for
2 in writing that the amount asked for is needed for immediate use, and, 1912, 77, ?2.
3 as specifically as may be, the purposes for which it is required. The
4 certificate shall bear the approval of the county commissioners, and
5 when the certificate is filed with the county treasurer pajinent shall be
6 made by him to such officer.
1 Section 32. Every such officer shall within thirty days after the Accounting.
2 receipt of an advance file with the county treasurer a detailed statement,
3 bearing the approval of the county commissioners, of the amounts ex-
4 pended subsequent to the preceding accounting, with vouchers therefor
5 if they can be obtained.
1 Section 33. The keeper of the jail and the master of the house of S'ng'lnd fuel "
2 correction in Suffolk county shall, at the expense of the county, provide }*34, isi, | 12.
3 necessary fuel, bedding and clothing for all prisoners in their custody p|-^^^'||f
4 upon charge or conviction of crime against the commonwealth, and shall R. l. 224, §' si.
5 present to the auditor of Boston a full account of their charges so incurred
6 or incurred for necessary furniture for said institutions, which, upon the
7 allowance thereof by the auditor, shall be paid by the county.
1 Section 34. If the commissioners, or the mayor of Boston, direct ^d^Pffo" fj^?'
2 specific rations or articles of food, soap, fuel or other necessaries to be nishing specific
3 furnished to the prisoners, the keeper or master shall conform to such Penalty.
4 direction; and if he refuses or neglects to furnish the same, he shall be r^s.'u3','§45.'
5 subject for a first and second offence to the penalties described in sec- o^i't-ri.'isl'
6 tion twenty-nine of chapter two hundred and sixty-eight for the offences r L.'m,^^ 32.
7 therein mentioned.
county industrial farms.
1 Section 35. The county commissioners of any county may, subject •^^"^^g'J,™;,^
2 to the approval of the commissioner of correction, purchase, take by andsaie
. . 1 - 1 1 li- i- J.U ^' land.
3 eminent domain under chapter seventy-nine, or lease, in behalf or the 1917. 23,s. § 1.
4 county, a tract of land not exceeding five hundred acres in area for use 55 82, 83!
5 as a county industrial farm, and may reclaim, cultivate and improve the
6 same. The work of reclaiming, cultivating and improving the said land
7 shall, so far as practicable, be done by prisoners transferred thereto as
8 provided in section thirty-seven. At any time after said land has been
9 reclaimed, cultivated and improved, the same may be sold if the county
10 commissioners determine that it is for the best interest of the county.
1 Section 36. Said commissioners may erect on said land such tem- ^^ffj^';^"^"^^^
2 porary buildings of inexpensive construction as they consider necessary Management^
3 for the proper housing of prisoners and for other purposes, in no case, 1919! 350!
4 however, costing over three thousand dollars. If the land reclaimed, 5§82.83.
5 cultivated and improved, as aforesaid, shall be sold, the proceeds shall
1532
COUNTY INDUSTRIAL FARMS.
[Chap. 12G.
be placed in the county treasury and used, so far as possible, for the
payment of loans madeunder section thirty-eight. Any surplus thereof
shall be used for general county purposes. The commissioners may
appoint, and at any time remove, a superintendent for said farm and such
assistants as in their opinion are needed for its proper management.
No building used for housing the prisoners shall be constructed until the
commissioner of correction has approved the plans therefor.
6
7
8
9
10
11
12
Prisoners on
industrial
farms.
1917, 258, 5 3.
1918, 156, § 1.
Section .37. On the request of said commissioners, the sheriff of the
county shall remo\'e to said farm such prisoners as in the opinion of the
commissioners can advantageously be employed thereon in carrying out
sections thirty-five and thirty-six, and on the order of the said commis-
sioners the sheriff shall return any prisoner to the jail or house of correc-
tion from which he was taken, or to which he was sentenced. The super-
intendents of industrial farms shall have the custody of all prisoners
removed thereto, and a prisoner who escapes or attempts to escape
therefrom shall be punished therefor by imprisonment in a jail or house
of correction for not more than one year. Permits to be at liberty shall 10
be issued to the inmates of county industrial farms and revoked in the 11
manner provided by law for the issuance or revocation of permits to pris- 12
oners in jails and houses of correction. 13
Bonds, etc., to
meet expenses.
1917, 258, § 4.
1918, 156, § 2.
1925, 222.
Section .38. To meet the expense of acquiring land in fee under 1
section thirty-five or for constructing buildings under section thirty-six, 2
the county commissioners may borrow from time to time, upon the 3
credit of the county, such sums as may be necessary, not exceeding in 4
the aggregate in any one year the sum of ten thousand dollars, and may 5
issue bonds or notes of the county therefor, which shall be payable in 6
not more than five years from their respective dates. To meet the ex- 7
pense of maintaining industrial farms as authorized under sections 8
thirty-five, thirty-six and thirty-seven, said commissioners may borrow 9
from time to time, upon the credit of the county, such sums as may be 10
necessary, and may issue notes of the county therefor, which shall be 11
payable in not more than one year from their respective dates. Bonds 12
or notes issued under authority of this section shall bear on their face 13
the words, County of Industrial Farm Loan, General Laws, 14
Chapter 126, — and, except as herein provided, shall be subject to 1-5
chapter thirty-five. Such bonds or notes shall be signed by the treasurer 16
of the county and countersigned by a majority of the county comiuis- 17
sioners. Said bonds or notes, if payable in not more than one year, may IS
be sold at a discount, such discount to be treated as interest paid in 19
advance, but, if payable in more than one year, shall not be sold for less 20
than their par value. The county may sell the said securities at public 21
or pri\'ate sale and the proceeds shall be used only for such of the afore- 22
said purposes as are specified in the vote authorizing the loan. 23
County com-
missioners to
provide for
ftayment of
oan, etc.
1917, 258, 5 5.
Section 39. The county commissioners, at the time of authorizing
each loan, shall provide for the payment thereof in accordance with the
preceding section; and a sum sufficient to pay the interest as it accrues
and to make such payments on the principal as may be required under
said section shall be levied annually thereafter, as a part of the county
tax of the county, in the same manner as other county taxes, until the
debt incurred by said loans is extinguished.
Chap. 127.) officers, etc., of penal and reformatory institutions, etc.
1533
CHAPTER 127.
OFFICERS AND INMATES OF PENAL AND REFORMATORY
INSTITUTIONS. PAROLES AND PARDONS.
Sect.
definitions.
1. Definitions.
OFFICERS.
Duties of warden, etc. Record of
prisoners.
Same subject. Record of property
in possession of prisoners.
Same subject. Record of solitary'
imprisonment.
Same subject. Calendar of prisoners
Penalty.
Service of process
3.
4.
5.
6.
8.
9.
10.
11.
12.
13.
14.
15.
Filing of warrants,
Prison book, etc.
Invoice books.
Annual reports.
in jail, etc.
Same subject.
in prisons.
Same subject.
etc.
Same subject.
Same subject.
Same subject.
Penalty.
Transfer of correction officer.
Removal of incompetent officers of
state prison, etc.
Removal of incompetent jailers,
masters or keepers of jails, etc.
Certain officers using intoxicating
liquor to be removed.
Detention in and transportation
through commonwealth of pris-
oners of Vermont.
PRISONERS.
16.
Physical and psychiatric examina-
tions of prisoners.
49.
17.
Same subject. Specifications, state-
ments, records.
50.
18.
Penalty for breach of §§ 16 and 17.
51.
19.
Physical training of prisoners.
20.
Classification in prisons.
52.
21.
Classification in jails and houses of
correction.
53.
22.
Same subject.
54.
23.
Measurements for identification.
Thieves and felons.
55.
24.
(Repealed.)
25.
Same subject. Fugitives from ju.s-
tice.
56.
26.
[Repealed.]
27.
District attorney to furnish criminal
historj'.
57.
28.
Record of measurements, etc.
29.
Publication of records regulated.
58.
30.
No compensation to officers.
59.
31.
[Repealed.]
60.
Sect.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
Treatment of prisoners.
Warden to maintain order.
Separation of prisoners.
Ventilation. Baths. Food, cloth-
ing and bedding.
Visitors to state prison.
Register of visitors.
Gag forbidden. Penalty.
SOLITARY CONFINEMENT.
Solitary confinement for juveniles
forbidden. Restraint, etc., regu-
lated.
Solitary labor in state prison.
Solitary imprisonment in state
prison.
E.xecution of sentence to solitary
imprisonment in jail, etc.
Punishment of refractory prisoner.
Solitary imprisonment for refractory
prisoner.
Punishment and liability of poor
debtors, etc., for depredations.
Two preceding sections not to limit
sheriff's and keeper's authority.
Solitary cell.
LABOR OF PRISONERS.
48. Prisoners, employment regulated.
48A. Compensation of inmates of certain
institutions in connection with
prison industries. Credits estab-
hshed and regulated.
Employment on land of common-
wealth. Escapes.
Employment on pubhc lands and
buildings.
Establishment and maintenance of
industries.
Superintendents and instructors.
Certain articles to be made by
prisoners.
Meetings for determination of styles,
etc. Expenses.
Lists of prison-made articles. Arbi-
tration of differences relative to
styles, etc.
Annual estimates of articles needed
in public offices.
Counties, municipalities, public in-
stitutions, etc., to purchase certain
prison-made articles.
Prices of such articles.
Equipment of shops, etc.
Penalty.
1534 OFFICERS, ETC., OF PENAL AND REFORMATORY INSTITUTIONS, ETC. [ChAP. 127.
Sect.
61. Industries at Massachusetts reform-
atory.
62. Limitation of prison industries.
63. Limit of number to be employed in
one industrj^
64. Application of two preceding sec-
tions limited.
65. Bids for piece price contracts.
66. Purchase of tools and materials.
67. Sale of manufactured goods.
68. Purchasing and selling agents.
69. Report of labor of prisoners.
70. Storage room.
71. Accounting for and disposition of
receipts.
72. Payment of salaries and bills for
tools, etc.
73. Suits by and against warden, etc.
Submission of controversies to ar-
bitration, etc.
74. Preparation of road material.
75. Department of public works to give
instruction.
76. Sale of road material.
77. Accounting for receipts. Expenses.
78. Prison camp, etc. Disposition of
improved land, sale of road ma-
terial.
PRISON CAMP AND HOSPITAL.
79. Removal of prisoners to prison
camp and hospital. Detention.
Return.
80. Custody of prisoner so removed.
81. Preparation of road material, etc.
82. Labor of prisoners regulated.
OUTDOOR LABOR.
83. Outdoor labor of prisoners.
84. Prison labor on waste land, etc.
EMPLOYMENT OF FEMALE PRISONERS.
85. Employment of female prisoners
outside reformatory, etc.
86. Penalty for refusing to return to
prison, etc.
87.
88.
89.
90.
90A,
91.
92.
93.
94.
PRIVILEGES.
Correspondence regulated.
Religious services.
Sundivy school and other instruction.
Appropriation for religious services.
Attendance at certain funerals by
inmates of penal institutions regu-
lated.
Instruction at Massachusetts re-
formatory.
Instruction in jails, etc.
Moral and religious instruction, etc.,
in jails, etc.
Light for reading.
Sect.
95. Female prisoner may have custody
of infant, when.
96. Removal of such child.
REMOVALS.
97. From state prison to Massachusetts
reformatory. Return.
98. From state prison to state farm.
Return.
99. From Massachusetts reformatory.
100. From state farm to Massachusetts
reformatory. Return.
101. From state farm to house of cor-
rection. Return.
102. From jail or house of correction to
Massachusetts reformatory. Re-
turn.
103. From one jail to another.
104. From jail to house of correction.
105. From one house of correction to
another.
106. From house of correction to jail.
107. From jail or house of correction to
state farm. Return.
108. Sick prisoner may be removed from
jail or house of correction to state
farm. Return.
109. To prison camp and hospital. Re-
turn.
109A. To state prison colony. Return.
110. From reformatory for women.
111. To reformatory for women.
112. [Repealed.]
113. Removal of prisoners committed by
United States courts.
114. Commissioner may deport certain
prisoners in the state farm.
Penalty for return.
115. Sheriff may remove from one jail
to another, etc.
116. Terms of original sentence to apply.
117. Hospital treatment.
118. Pregnant females.
119. Time in hospital part of sentence.
120. Order for removal. Mittimus, etc.,
to go with prisoner.
121. Officers qualified to make removals.
122. Expense of commitment.
123. Expense of removal.
124. Expense of support.
125. Same subject.
126. Same subject.
127. Special state police. Powers and
duties.
PERMITS TO BE AT LIBERTY AND DISCHARGE.
128. By whom granted and issued.
129. Board of parole to grant permits to
be at liberty, etc.
130. Deduction for good conduct. Ex-
ceptions.
131. Special permits to be at liberty from
state prison, etc.
132. Application for permit.
Chap. 127.] officers of pen.\l and reformatory institutions.
1535
Sect.
133. Permits to certain prisoners to be
at liberty from state prison.
134. Permits to habitual criminals.
135. Permits to certain prisoners in
Massachusetts reformatory.
136. Permits to prisoners in reformatory
for women.
137. Permits to be at liberty from prison
camp and hospital.
137A. Permits to be at liberty from state
prison colony.
138. Permits to be at liberty from state
farm, etc.
139. Power to grant permit though pris-
oner transferred.
140. Permits to certain prisoners to be at
liberty from jail, house of correc-
tion, etc.
141. Release on parole from jails, etc.
Bond. Exception.
142. Permits to be at liberty or discharge
of pregnant females.
143. Discharge of nightwalker from house
of correction.
144. Discharge of prisoner committed for
non-payment of fine.
145. Discharge of poor prisoners.
146. Same subject.
147. Acts rendering permit void.
148. Revocation of permit.
149. Arrest for violation of permit.
Sect.
150. Discharge if term ends on Sund.iy.
151. Disabled prisoner to be cared for in
prison after expiration of sentence.
Expense, how paid.
PARDONS.
152. Pardons by governor. Annual list
to general court.
153. Attorney general, etc., to be notified
of petition for pardon of prisoner
in state prison.
154. Duties of board of parole, acting as
advisory board of pardons.
155. Re-arrest of pardoned prisoner.
156. Confinement of such person for un-
expired term of sentence.
157. Execution of warrant of pardon, etc.
158. Duties of agents to aid discharged
male prisoners.
159. Duties of agents to aid discharged
female prisoners.
160. Expenditures in aiding discharged
prisoners.
161. Account of expenditures by such
agents.
162. Warden may pay over to such agent
money authorized to be paid to
prisoner.
163. Annual reports of such agents.
164. Aid by county commissioners.
165. Aid by keeper of jail, etc.
DEFINITIONS.
1 Section 1. In this chapter "commissioner" shall mean the com- Definitions.
2 missioner of correction. "Board of parole" shall mean the board of
3 parole of the department of correction.
OFFICERS.
1 Section 2. The warden of the state prison, the superintendents of Duties of
2 the Massachusetts reformatory, of the reformatory for women, of the Record 'of
3 prison camp and hospital and of the state farm, respectively, and the i874,°264, §i;
4 masters and keepers of jails, houses of correction and of all other penal rs.219.' §31-
5 or reformatory institutions shall keep full and accurate records of all {^g Hj' | };
6 prisoners committed thereto, maintained therein or discharged therefrom. J^}'' J^i ^
1 Section 3. They shall keep a record of all money or other property same subject.
2 found in possession of prisoners committed to such institutions, and pro^pertyin
3 shall be responsible to the commonwealth for the safe keeping and delivery Pfg'o^l'"" °^
4 of said property to said prisoners or their order on their discharge or at p^g^'aH 5 j
5 any time before.
R. L. 225, § 2.
1 Section 4. They shall keep a record of the name and number or same subject.
2 other sufficient designation of every person punished by solitary imprison- soii'tary'im-
3 ment, the day and hour when he was placed in solitary imprisonment, iwe.'eif §§'2. 3.
4 the day and hour when released, the offence, and such remarks as may r.^l^Hs; 5 3
4.5.
1536
OFFICERS OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. V.
1916. 241, § 1.
1919, 350,
§§ 82, 83.
Same subject.
Calendar of
prisoners in
jai!, ete.
Penalty.
1784, 41, § 4.
R. S. 14, § 83.
1859, 139, § 5.
G. S. 178. §24.
P. S. 220, § 28.
R. L. 225, § 4.
1916, 241. § 1.
1919. 350.
§§ 82, 83.
be necessary to complete the record. The commissioner shall ascertain 5
whether the requirements of this section are observed. 6
Section 5. The Jailer, keeper or master of each jail and house of 1
correction shall keep in a bound book an exact calendar of all prisoners 2
committed thereto, in which shall be recorded the names of all prisoners, 3
their places of abode and additions, the time, cause and authority of 4
their commitment, and, if they have been committed upon a sentence on 5
conviction of crime, a description of their persons and such facts as, 6
with the entries in the prison book, will enable the sheriff or penal institu- 7
tions commissioner of Boston to make the reports to the commissioner 8
required by section ten. He shall record in the same book the time and 9
authority for the release of every prisoner released and the time and 10
manner of the escape of a prisoner escaping. A jailer, master or keeper 1 1
neglecting to keep such calendar or to enter such facts therein shall forfeit 12
one hundred dollars, which shall be recovered by the county commis- 13
sioners in the name of the county, or, in Suffolk county, by the penal 14
institutions commissioner in the name of the city of Boston, and shall 1.5
be expended by them for the relief of discharged prisoners. 16
Same subject.
Service of
process in
prisons-
1811, 32, § 3.
Section 6. All process to be served within the precincts of any penal 1
or reformatory institution shall be directed to and served by the warden, 2
superintendent, master or keeper thereof or his deputy. 3
R. L. 225, 5 5.
1827. 118. §3.
R. S. 144, §25.
G.S. 179, §3.
P. S. 221, §3.
Same subject.
Filing of
warrants, etc.
1784, 41, § 6.
R. S. 14, § 85,
G. S. 178, § 2,
P. S. 220, § 29
1890, 328, § 1
R. L. 225, § 6
Section 7. All warrants, mittimuses, processes and other official
papers by which a prisoner is committed or released, or attested copies
, thereof, shall contain a detailed statement of the fees of the officer for
making the commitment, shall be regularly filed in chronological order,
and safely kept with the calendar in a suitable box for that purpose.
Upon the expiration of the sheriff's commission, his death, resignation
or removal from office, it shall be delivered to his successor; and in
default thereof the sheriff or his executor or administrator shall forfeit
two hundred dollars.
Same subject.
Prison book,
1699-1700,
8, 5 7.
1818, 123, 5 3.
1848. 276. § 2.
1859, 139, § 5.
G.S, 178, §61.
P. S. 220, § 65.
R. L. 225, § 7.
13 Gray, 439.
Section S. Each jailer and ma.ster of a house of correction shall have 1
a prison book, in which he shall keep an account of the value of the 2
labor of the prisoners, of the salaries of officers and of articles furnished .3
for the support of the prisoners, the quantity of such articles, of whom 4
bought and the price paid, classified as follows: cost of provisions, 5
including the portion consumed by the family of the jailer or master; (>
of clothing; of beds and bedding; of medicines; of medical attendance; 7
of religious or secular instruction; of fuel; of light; allowance to dis- S
charged prisoners; allowance to witnesses in money or clothing. The 9
prLsoii l)()()k, verified by the oath of the jailer or master, shall be exhibited 10
to the county commissioners when his accounts are presented for exaniina- 1 1
tion, and at other times when demanded. A jailer or master who neglects 12
to keej) such book or to enter therein such facts, or who wilfully makes 13
any false entry therein, shall forfeit one hundred dollars, to be recovered 14
by the county commissioners in tiie name of the county, or, in Suft'olk 1.')
county, by the penal institutions commissioner in the name of the city l(i
of Boston, and it shall be expended by them for the relief of discharged 17
prisoners. 18
Chap. 127.] officers of penal ^vnd reformatory institutions. 1537
1 Section 9. The master, keeper, superintendent or other officer Iiav- Same subject.
2 ing charge of a jail, house of correction, county traiiu'ng school or other isooImg"" ""'
3 county public institution shall keep an invoice book, in which shall be fgoe'; fit ^ *'
4 entered, on the day of receipt, all bills for supplies for the maintenance of ^^'^^^ '°^-
5 such institution. Such books shall be as nearly uniform as the character
6 of the institutions will admit, and shall be kept posted up to date so that
7 the footmgs shall at all times show the actual facts relating to such
8 supplies. Such books shall be county property and remain among the
9 records of the institutions to which they belong.
1 Section 10. Annually, on or before December fifteenth, the warden Annual
2 of the state prison, the superintendents of the Massachusetts reforma- iwuy.
3 tory, of the reformatory for women, of the prison camp and hospital, of Jgt^llo'; 296.
4 the state prison colony and of the state farm, and annually, on or before }*|*' *|g
5 October fifteenth, sheriffs, county commissioners and the penal institu- §,§ ^-s-^^
6 tions commissioner of Boston, shall make a report to the commissioner ^^^^-^^^
7 of the salaries of prison officers, of the number and cost of support of §§ 2-4.
8 prisoners, and of such other details relative to the management and 1572; 24. '
9 discipline of the several prisons as the commissioner may prescribe. Ifi^iftss,
10 The warden or superintendent shall also include in his report the amount fg^yl jjo.
11 of liabilities and outstanding claims of said institutions, the names of Jlgj' gg*' ^ ^^'
12 their debtors and creditors, the amounts due to or from each and when ^a^jI'^' ^5 32,
13 they are payable, detailed accounts of expenditures for the prisons for i884, 255,
14 the year ending the preceding thirtieth day of November, the cost of r. l.'2'25. 5 9.
15 all changes made in the buildings thereof, the names, position, pay and \lol'. Ilk § 1.
16 allowances of every officer or employee thereof, the average cost of the }g}J; 04}; § 1.
17 support of each prisoner, the number of volumes in the library of each gso^jl^lj^;
18 prison, and such other facts relative to said prisons as the commissioner i9|i^ «s.
19 considers proper. An officer who refuses or neglects to make such report
20 at the time prescribed or who withholds it after said date shall forfeit
21 one dollar for each day's neglect, which shall be deducted from his
22 salary or compensation at the first monthly payment after his default
23 has been reported to the proper auditing or disbursing officer.
1 Section 11. An officer in a jail or house of correction may be trans- Transfer of
2 ferred to the state prison, the Massachusetts reformatory, or the prison offiner.
3 camp and hospital as a correction officer ; and if the place in which he r. l! 225! § 10.
4 is employed is not in the classified civil service list, he shall be given a igoe! 243' § 1.
5 non-competitive examination as to his fitness, upon receipt from the §§'63,^64.'
6 warden of the state prison, the superintendent of the Massachusetts '^^^' ^*^' ^ ®-
7 reformatory or the superintendent of the prison camp and hospital of a
8 statement that the appointment of such officer is desired, and that he
9 possesses particular cjualifications for the work required of him.
1 Section 12. An officer of the state prison who holds his place at P™'^^^Jg°„\
2 the pleasure of the warden, or an officer or employee of the state prison officers of ^state
3 colony, Massachusetts reformatory, reformatory for women, prison 1827. ii8,§ 7.
4 camp and hospital or state farm who holds his place at the pleasure iss's, lei § 1.'
5 of the superintendent, who is unfaithful or incompetent, or who uses jgyV, 294', § ib.'
6 intoxicating liquor as a beverage, shall be forthwith removed by him. Ps.219. §21.
1890, 267. 190G, 243. § 1. 1919, 199, § 1.
1901, 304, § 3. 1911, 181. 1929, 170, § 2.
R. L. 225, § 11.
1538
INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127.
Removal of SECTION 1.3. The nailer, master or keeper of a I'ail OF housc of corrcc-
incompetent , • o i> ii i ill
jailers, masters tioH, except ID Suffolk county, may be removed by the superior court
jails, etc. for neglect of duty or for wasteful or extravagant use of supplies, upon
G. s.' 17S,' § 20. complaint of the county commissioners, after notice to the sheriff and
R. L.^225,^^12. the person complained of and a hearing.
Section 14. The sheriffs of the several counties and the penal
Certain officers
using intoxi-
cating liquor to institutions commissioner of Boston shall forthwith remove anv officer
be removed. • i i i • i • • i- " i •
(?°^'ifo'^A^ appointed by them, respectively, to any position oi trust or authority
p. s. 220.' § 49.' in a fail or house of correction who is known to use intoxicating liquor as
1882, 6, § 4. , ° ^
R. L. 225, § 13. a beverage.
Section 1.5. The authorities of the state of Vermont shall have the
Detention in
and transporta-
tion through same power and authority to detain and transport through this common
commonwealth .,.._..
of prisoners of wealth pcrsons convicted of crime in v ermont and sentenced to imprison-
ment in a penal institution therein as they have to detain and transport
Vermont
1892, 423.
R. L. 225, § 14.
them in said state.
PRISONERS.
ps'^ychfatrK"'* SECTION 16. The Warden of the state prison, the superintendents of 1
examinations the Massacluisctts reformatory, the reformatorv for women, the prison 2
oi prisoners. ,. ,, ., /• 11*1 1
1918,58, § 1. camp and hospital and the state larm, and the keepers and masters of 3
11324! 309! § i! jails and houses of correction shall cause a thorough physical examination 4
(Penalty, § 18.] to be made by a competent physician of each inmate in their respective 5
institutions committed for a term of thirty days' imprisonment or more. 6
In conducting the examination special attention shall be given to de- 7
termining the presence of communicable diseases, particularly gon- 8
orrhoea, sj'philis and pulmonary tuberculosis. Keepers and masters of 9
jails and houses of correction shall cause all convicted prisoners serving 10
a sentence of more than thirty days therein, except prisoners sentenced 11
for non-payment of fine or of fine and expenses, and all convicted pris- 12
oners serving sentence therein who have been previously committed 13
upon sentence to any penal institution, to be given a thorough psychi- 14
atric examination by a psychiatrist appointed under section four of 15
chapter nineteen. 16
Same subject.
SpeciHcations,
.statements,
records.
191S. 58, § 2.
1919, 350, § 96.
1924, 309, I 2.
1929, 179, § 4.
Op. AG.
(1920) 54.
[Penalty, § 18.1
Section 17. Specifications governing the manner and time of such 1
physical examinations and such psychiatric examinations shall be 2
respectively promulgated by the departments of public health and 3
mental diseases. Said departments shall respectively prescribe the 4
medical and psychiatric records to be kept, shall require such laboratory 5
or other diagnostic aids to be used as in their judgment are expedient, 6
and shall forward to the commissioner statements of the results of all 7
such examinations, together with recommendations relative thereto, S
and the psychiatrists making such examination shall from time to time 9
furnish such other information as the commissioner may request. For 10
the purpose of obtaining further information relative to such prisoners 11
the commissioner may cause inquiry to be made of court physicians and 12
psychiatrists, probation officers and district attorneys, who have made 13
examinations or investigations of such prisoners prior to conviction or 14
who have prosecuted them, and such physicians, psychiatrists and pro- 15
bation officers shall furnish to the commissioner when reciuestcd all 16
Chap. 127.] in.m.\tes of penal and reformatory institutions. 1539
17 pertinent information in their possession. The commissioner may cause
18 such furtiier inquiry to i^e made relative to the ofl'ences committed by
19 such prisoners and their past history and environment as he may deem
20 necessary. He shall cause records to be made of such examinations and
21 investigations, and shall transmit copies thereof to the office of the
22 board of probation, which shall cause the same to be filed with its office i
23 records. \
1 Section IS. Any officer named in section sixteen who neglects or Penalty for
2 refuses to comply with said section or who violates any rule or regulation anTiT."^ ^^'^
3 of the department of public health or of the department of mental dis- {g}!; iih,^^96.
4 eases made under section seventeen shall forfeit not more than fifty ^^'^*' '^°'-'' ^ 3.
5 dollars.
1 Section 19. The commissioner may institute a system of physical framing of
2 training, including military drill and organized athletic sports in any K'^o"|K-
3 penal institution in the commonwealth, to be under the direction of the
4 director of physical training of the department. He may prescribe the
5 powers and duties of the director and may adopt rules and regulations
6 to carry out this section.
1 Section 20. The commissioner may, with the approval of the gov- classification
2 ernor and council, provide for grading and classifying the prisoners in i884,'^2^55,' § 28.
3 the state prison, the Massachusetts reformatory and the reformatory for }|92; Iot! 1 1.'
4 women, and may establish rules for dealing with the prisoners in the fg^g |g|' | ^^■
5 state prison according to their conduct and industry and with the pris- 1^415^^^'
6 oners in the Massachusetts reformatorv and the reformatorv for women iaia. 5; sso,
7 according to their conduct, industry in labor and diligence in study. i92o72.
1 Section 21. Pie shall, as far as practicable, so classify prisoners sen- classification
2 tenced and committed to jails and houses of correction, with reference h°oisesor
3 to their sex, age, character, condition and offences, as to promote their i862"i'2"'5 1.
4 reformation and safe custody and the economy of their support, and to Jl^g; Ig"; | f
5 secure the separation of male and female prisoners. Sheriffs may classify fjo^ .^Jg' ^ ^■
6 prisoners in houses of correction, subject to revision by the commissioner, ^sgi, 259.
7 The master or keeper of a jail or house of correction shall ascertain loie, 241.' § 1.
8 whether a prisoner committed thereto upon a sentence of six months or §§82,83.'
9 more can read or write.
1 Section 22. Male and female prisoners shall not be put or kept in same subject.
2 the same room in a jail or house of correction; nor, unless the crowded 1,8.34; 151! § 19.
3 state of the institution so requires, shall any two prisoners, other than g^ a its'. § 33'.
4 debtors, be allowed to occupy the same room, except for work. Persons r. l.^I&.S^it.
5 committed for debt shall be kept separate from convicts and from persons
6 who are confined upon a charge of an infamous crime. Conversation
7 between prisoners in different apartments shall be prevented. Minors
8 shall be kept separate from notorious offenders and from persons con-
9 victed of an infamous crime. Persons committed on charge of crime
10 shall not be confined with convicts, and prisoners charged with or con-
11 victed of a crime not infamous shall not be confined with those charged
12 with or convicted of an infamous crime, except while at labor or assem-
13 bled for moral or religious instruction, at which time no communication
14 shall be allowed between prisoners of different classes.
1540
INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127
Measurements
for identifica-
tion. Thieves
and felons.
1890, 316, § 1.
1900, 260, I 1.
R. L. 235, § 18.
1904, 24!.
190.5, 459, § 1.
1916, 241, § 1.
1919, 350,
55 82. 83.
1931, 350, § 4.
lOp. A. G.27.
Section 23. The officer in charge of a penal institution to which a 1
person is committed under a sentence of imprisonment for larceny or 2
any felony shall, unless the court otherwise orders, take or cause to be 3
taken his name, age, height, weight, photograph and general descrip- 4
tion and copies of his finger prints in accordance with the finger print 5
system of identification of criminals. The court may order to be taken 6
the photograph and the aforesaid description and finger prints of a 7
person convicted of a felony who is not committed to a penal institution. 8
All such photographs and identifying matter shall be transmitted forth- 9
with to the commissioner of public safety. 10
Section 24. [Repealed, 1931, 350, § 10.]
Same subject.
Fugitives from
justice.
1906, 293.
1916, 241, § 1.
1919, 350,
55 82, 83.
1931, 350, 5 5.
Section 25. \^^lenever the officer in charge of a prison, lockup or 1
other place of detention has received a request from any authority, 2
either by circular or otherwise, to assist in the apprehension of a fugitive 3
from justice, such officer may take an exact description of any person 4
committed to such prison or held in such lockup or other place of deten- 5
tion, and may include in such descriptions copies of the finger prints in 6
accordance with the finger print system of identification. But said officer 7
shall not take a description of a person who, he has reason to believe, 8
is not a fugitive from justice. All descriptions so made shall be forthwith 9
transmitted to the office of the commissioner of public safety. 10
Section 26. [Repealed, 1931, 350, § 10.]
District
attorney to
furnish
criminal
history.
1890, 316, § 3.
1900, 260, 5 1.
R. L. 225, § 19.
1916, 241, § 1.
Section 27. The district attorney who prosecuted such prisoners as
are described in section twenty-three shall forward to the officer in
charge of the prison to which he is sentenced the criminal history of
each prisoner as shown upon the trial, upon blanks to be furnished by
the commissioner of public safety.
1919, 350, §§ 82, S3. 1931, 350, § 6.
Record of
measurements,
1890, 316, § 2.
1900, 260, § 2.
R. L. 225, 5 20.
1911, 181.
1931,350. 5 7.
1 Op. A. G.27.
Section 28. The warden of the state prison, the superintendents of 1
the state prison colony, of the Massachusetts reformatory and of the 2
reformatory for women, respectively, and the keepers of jails and houses 3
of correction shall keep a record of such descriptions and finger prints 4
and of the criminal history of prisoners so described and finger printed, 5
as shown by the records of the courts of the commonwealth or of any 6
other state or by any other official records which are accessible, and shall 7
attach to the record, or file in such manner as to be readily found, a 8
photograph of such prisoner. 9
Publication
records
regulated.
1890, 316, §
1899, 203.
1900, 260, 5
R. I.. 225, 5
1931,350, §
Section 29. The record required by the preceding section shall not 1
be published except so far as may be necessary for the identification of 2
persons convicted of larceny or any felony after their release from 3
prison; but the officer in charge of a prison shall exhibit the record to 4
any person ujK)n the order of a justice of the superior court or of a dis- 5
trict attorney. A copy of the descriptions including copies of finger 6
prints, photographs and criminal histories shall upon request be fur- 7
nished by the officer in cliargc of any prison to the commissioner of 8
public safety or to the princi])al officer of a prison in any other state 9
which requires by law the finger printing and description of convicts 10
Chap. 127.] inmates of penal and reformatory institutions. 1541
11 and has provided for furnishing information concerning criminals to
12 other states.
1 Section 30. No compensation shall be allowed to an officer for the No compensa-
2 performance of any services reqnired by sections twenty-three to twenty- isgo^sfG, T™'
3 nine, inclusi\e, but he shall be reimbursed by the commonwealth for liis r*""'. lis, 1 22.
4 actual traveling expenses incurred in the performance of any duties fi^Jaf 350. § 9.
5 therein required.
1 Section 31. [Repealed, 1931, 350, § 10.]
1 Section 32. The warden and officers of the state prison shall treat Treatment of
2 the prisoners with kindness so long as they merit such treatment by their r. s. 144] § 52.
3 obedience, industry and good conduct.
G. S. 179, § 3S. P. S. 221, § 25. R. L. 225, § 24.
1 Section 33. The warden shall cause ail necessary means to be used ^aTnta"n*order.
2 to maintain order in the state prison, enforce obedience, suppress insur- Ifg^'o"*'
3 rection and prevent escapes, and for that purpose he may at all times g |' h4, |^48.
•i require the aid and utmost exertions of all the officers of the prison except p. s. 221,' 1 26!
5 the chaplain and the physician.
R. L. 225, § 25.
1 Section 34. No communication shall be allowed between prisoners Separation of
2 in the state prison and any person without the prison. The prisoners 182T118, § 13.
3 shall be confined in separate cells in the night time, and all intercourse Gil-'iVgl'sM^"
4 between them in the day time shall, so far as practicable, be prevented; p^f/o^Juisi.
5 but the warden may, at such times and under such circumstances as he f^^-^ |j5' 1 27.
6 considers expedient, with the consent of the commissioner, allow them i^i|^35o,
7 to assemble in the yard for recreation and exercise.
1 Section 35. All penal and reformatory institutions shall be suitably ventilation.^^
2 and sufficiently ventilated. Food, clothes, beds and bedding therein ciothhigand '
3 shall be of good quality and of sufficient quantity for the sustenance and i8i7,"i49, § 1.
4 comfort of the prisoners, and the bedding shall include mattresses, if/i/i^f;
5 blankets and pillows. The warden of the state prison, the superintendents Jf j^^'f; ^ -•
6 of the INIassachu setts reformatory, the reformatory for women, the prison igs, e^^S^s^.
7 camp and hospital and the state farm, respectively, and the keepers and {^"^i^^i^- ^ 39.
8 masters of jails and houses of correction shall see that strict attention is ui, §§ 44, 45, '
9 constantly given to the personal cleanliness of ail prisoners in their i84S,324,
10 custody. They shall, at least once a week, cause tlie shirt of each prisoner flgg'.^ioi.
11 to be washed, each male prisoner to be shaved, and each prisoner to have fyg^jfg^g.lff =
12 a bath of cold or tepid water appHed to the whole surface of the body if 62^^ ^94. § 12.
13 such bath would not, by reason of illness, be hurtful or dangerous. Each l^oilrUu
14 prisoner shall be provided daily with as much clean water as he needs § 32. ^^^ ^^
15 for drink or for the purpose of personal cleanliness, and with a clean towel 1911; fsl'.'
16 once a week. Clothes shall not be washed or hung out wet in any room ^^^^' ''^^' ^ ^•
17 which is occupied by a prisoner during the night. All prisoners who are
18 not in solitary confinement shall be served three times each day with a
19 sufficient quantity of wholesome food, well cooked and in good order.
1 Section 36. No person, except the governor and council, members visitorsto^
2 of the general court, officers of justice, or other persons having business i85|.^f|™yg
3 at the state prison, shall be allowed to visit it without a permit from the p.s.'22i,'§33.'
4 commissioner or the warden.
R. L. 225, §31. 1916, 241, §1. 1919, 350, §§ 82, 83.
o
1542 INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127.
Register of SECTION 37. The Warden shall cause a register to be kept of the 1
i854?302, names and residences of all \-isitors and of the authority by which they 2
G.l'.m, visit, which shall always be open to the commissioner. He may refuse 3
i879!'294, § 34. admission to a person having a permit if such admission would be 4
§"§14^35. injurious to the best interests of the prison, but he shall forthwith report 5
1916' ill' I P' such refusal to the commissioner. 6
1919,350, §§82, 83.
Gagjorbidden. SECTION 38. Punishment by the use of the gag shall not be allowed 1
1879, 1^81. in any penal, reformatory or charitable institution. An officer of any 2
R. L. 225, § 33. such institution who uses a gag as a punishment shall be punished by a 3
fine of not more than fifty dollars. ■^
SOLITARY CONFINEMENT.
Solitary con- SECTION 39. Thc officcrs of a juvcnile reformatory school shall not 1
juv"niies placc an inmate in any cell, room or cage in solitary confinement. When
Restraint,' etc., cvcr rcstralnt or separation from the other inmates is necessary, confine- 3
i9Ti',''265; § 1. ment shall be permitted only in a place where the inmate is under the 4
4 Op. A. G. 2. pQ^gtant supervision of an officer of the school. 5
Solitary labor SECTION 40. The Warden of the state prison, with the consent of 1
i°85o?2''89rri.' the commissioner, may, for such time as he considers necessary to produce 2
1879', 294, § 34; penitence or to promote good order and discipline, confine obstinate 3
R.L.^2^25.\^34. and refractory prisoners to solitary labor. 4
1910, 241, § 1. 1919, 350. §§ 82, 83.
Solitary SECTION 41. A prisoner in the state prison sentenced to solitary im- 1
imprisonment , , . i , c • i j • e j.i i j .")
in state prison, pnsonmcnt or subjectcd thereto tor a violation oi the rules and regu- z
iL^s.' lit I si: lations of the prison shall be confined in a solitary cell and be fed with 3
P.I: 221,' III; bread and water only, unless the physician of the prison certifies to the 4
R. L. 225, § 35. ^^,j^j.j^,j tijat his health requires other diet. 5
Execution of SECTION 42. When a prisoner is sentenced to solitary imprisonment 1
8oiita?r " and hard labor in a jail or house of correction, the master or keeper shall 2
infaTetr"* cxccutc such Sentence by confining him in one of the cells; and during 3
R^t Ilk I 2o: the time of solitary imprisonment he shall be fed with bread and water 4
g/^I: i7s: § 34. only, unless other food is necessary for the preservation of his health. 5
||;22o,'539^ No intercourse shall be allowed with a prisoner in solitary imprisonment O
except for the conveyance of food and other necessary purposes. 7
Punishment of SECTION 43. If a prisoner is refractory, or if, during the time for which 1
3
,)
prisoner. hc is seutcnccd to hard labor, he refuses or neglects without reasonable
R.^s.'i«V§y^' cause to labor in a suitable manner when required, he shall be kept in
G.^i'178. §36. solitary imprisonment and fed on bread and water, as before provided, 4
R l"225,S''38. so long as he is refractory or refuses to labor; but thc keeper of a jail or
master of a house of correction shall not keep a prisoner in solitary 0
imprisonment for more than three days at one time without informing 7
the sherirt' or county commissioners thereof and of the reasons therefor. 8
fmprtJonment SECTION 44. If a pcrsou confiiicd in a jail or house of correction 1
for refractory upon a couvictioii or cliargc of crime is refractorv or disorderly, or wil- 2
prisoner. * " . . • i n i' • xl o
1818, 123, §4. fviUy or wautoiily destroys or injures any article ot iurniture or other 6
1834'. isi! 5 13. property or any part of such prison, the sheriff or county commissioners 4
Chap. 127.] inmates of penal and reformatory institutions. 1543
5 or penal institutions commissioner of Boston, respectively, after due r. s. 143, 5 4g.
6 inquiry, may cause him to be k(>pt in solitary imprisonment not more g. s.' i78, § 37.
7 than ten days for one offence, and during such imprisonment to be fed n.^^^Mi^isd.
8 with bread and water only unless other food is necessary for the preser-
9 vation of his health.
1 Section 45. If a person committed to jail on mesne process or Punishment
and liability of
2 execution, or for any cause other than those mentioned in the preceding poor 'LbL
3 section, is convicted of any of the offences therein named, he shall be do"predations.
4 punished by solitary imprisonment, as directed in said section, for not }||^; }|^; | f^
5 more than ten days for each oft'ence, and shall be liable in an action of Q-ilj^-^^f-
6 tort, to be commenced by the sheriff or county treasurer in the name ^1^220^43^
7 and to the use of the county, for double the amount of the damage done
8 to the jail, furniture or other property.
1 Section 46. The two preceding sections shall not affect the au- Two preceding
2 thority of a sheriff, jailer or master of a house of correction to preserve to liniit
3 order and enforce strict discipline among the prisoners in his custody. Leper's""
1834, 151. § 13. G.S. 178. §39. R. L. 225, § 41. authority.
R. S. 143, § 48. P. S. 220, § 44.
1 Section 47. Officers having custody and charge of prisoners in the solitary cell.
2 several prisons and other places of confinement shall see to it that every i876! ei, '
3 cell therein which may be used as a place for solitary imprisonment is ^ s! 222,
4 properly ventilated and furnished with a form of boards, not less than f,^ l'.225, §42.
5 six and one half feet long, eighteen inches wide and four inches high from i9}6' 241, § 1.
6 the floor, and with a sufficient amount of bedding to protect the health §§ 82, 83.'
7 of the inmate from injury. The commissioner shall ascertain whether
8 the requirements of this section are observed.
labor of prisoners.
1 Section 48. Prisoners in the state prison shall be constantly em- Prisoners,
2 ployed for the benefit of the commonwealth, but no prisoner shall be regSiate".
3 employed in engraving.
1827, 118, § 13. 1850, 289, §4. P. S. 221, § 27. R. L. 225, § 26.
R. S. 144, § 33. G.S. 179, 540. 1888,189. 4 Op. A. G. 332.
1 Section 48A. At the state prison, the Massachusetts reformatory Compensation
2 and the reformatory for women, respectively, there may be established of certain
3 a system of compensation for its inmates, to be paid out of the excess inranMction
4 profits from the industries in that institution as hereinafter provided. -"dus^Hes™
5 As a basis for determining such excess profits, the minimum rate of profit [(Jh^d ^nl"'''"
6 on prison industries shall be twenty-five per cent of the cost as herein- ^^l^'"^!^;
7 after defined at the state prison, fifteen per cent of such cost at the
8 Massachusetts reformatory and twenty-five per cent of such cost at the
9 reformatory for women. Whenever the rate of profit shall be in excess
10 of such minimum rate at any such institution, the excess profit may be
11 disposed of in the following manner: one half shall be placed to the
12 credit of the prison industries fund of such institution and one half to
13 the credit of such of the inmates of such institution as are entitled
14 thereto in accordance with rules and regulations, which are hereby
15 authorized to be established by the warden or superintendent of said
16 institution to carry out the purposes of this section. Said rules and
17 regulations shall take effect when approved by the commissioner of
1544
INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127.
correction and by the governor and council. No such credits shall be
paid directly to any inmate during the term of his imprisonment. One
half of all credits so earned by any inmate may be paid over monthly,
or at other periods determined by such rules and regulations, to his
dependents, if any, directly or through the board of public welfare of
the city or town chargeable or likely to become chargeable for the sup-
port of such dependents; and, if such credits are paid over directly to
such dependents, notice shall be sent by the warden or superintendent
of the institution to the board of public welfare of such city or town.
An amount not exceeding twenty-five per cent of the credits so earned
may be expended on behalf of the inmate for articles for his own use,
to "be purchased by reference to a list approved from time to time by
the warden or superintendent of the institution. The remainder of the
credits so earned, after deducting amounts paid over to or for the bene-
fit of his dependents, and amounts ex-pended on behalf of the inmate as
aforesaid, shall be accumulated to the credit of the inmate, and shall be
paid to him upon his release from such institution in such instalments
and at such times as may be prescribed in such rules or regulations.
The rates of profit referred to above shall be computed semi-annually or
otherwise in accordance with said rules and regulations and credits to
the account of prisoners shall be allotted at like intervals following the
establishment of such rates. No compensation shall be credited or paid
to inmates under this section except out of money earned by them from
the prison industries and only when and if the rate of profit is in excess
of the minimum rate hereinbefore prescribed. For the purposes of
making the computations referred to herein, the profit on prison-made
goods shall be the difference between the net sales of all prison-made
products for the period in question less the cost; and cost shall be taken
to mean the cost of raw materials and current supplies purchased during
that period, the salaries of all persons engaged in the manufacture of
said prison products whose salaries are properly chargeable against the
Prison Industries Funds and the established charge for heat, light and
power. Capital expenditures or expenditures taken from said funds
under sections fifty-nine and seventy of this chapter shall be chargeable
against the said funds and not be taken to reduce the current rate of
profit. The payments of compensation under the plan herein provided
for shall be graded by the warden or superintendent in accordance with
the skill and industry of the inmates and other details of the adminis-
tration of the scheme shall be provided for by the rules and regulations
aforesaid. From and after the expiration of two years following the
establishment in any of the institutions hereinbefore named of a system
of compensation as provided in this section, no pecuniary aid under
sections one hundred and fifty-eight to one hundred and sixty, inclusive,
and section one hundred and sixty-two shall be extended to any prisoner
discharged from sucii institution, unless the amount standing to his credit
under such system at tiie time of his discharge is less than ten dollars.
From and after the establishment in any of said institutions of any such
system the warden or superintendent thereof may prohibit the delivery
of any money to its inmates.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
Employment SECTION 49. Prisoners in the state prison and in the reformatory for 1
common- womcu may be employed, in the custody of an officer, on any part of the 2
EsMp'l's. premises of the prison or reformatory, and whoever escapes from said 3
ills; l4^'§\^^' premises shall be deemed to have escaped from the prison or reformatory. 4
Chap. 127.] inmates of pen.\l and reformatory institutions. 1545
5 Prisoners in the Massachusetts reformatory may be employed, in the isos, 307.
6 custody of an officer, upon any land or building owned by the common- r.°l'. 225, § 28.
7 wealth, and whoever escapes from said land or building shall be deemed {gif; fgj;
8 to have escaped from said reformatory.
1 Section 50. Prisoners in the state prison, Massachusetts reformatory, Employment
2 reformatory for women, prison camp and hospital, state farm, or in any antTbuiWings''^
3 jail or house of correction, may be employed, in the custody of an officer, \ll}] l°l
4 in caring for public lands and buildings; but no prisoner, except as pro- J^^oo, 269. ^ ^^
5 vided in sections eighty-two to eighty-four, inclusive, shall be employed Jms. |44' ^ ^
6 outside the precincts of the place of his imprisonment in doing work of isii! isi!
7 any kind for private persons.
1 Section 51. The commissioner and the warden of the state prison, Establishment
2 the superintendent of the Massachusetts reformatory, reformatory for nanc^T'"'
3 women, prison camp and hospital, state prison colonj' or state farm, 'issr!^"'
4 keepers or masters of jails and houses of correction, shall determine the figs, 22; 403,
5 industries to be established and maintained in the respective institutions flgV 412 §3.
6 under the control of said officers. The prisoners in said institutions «4^' ^^^'
7 shall be employed in said industries under regulations which shall be iwi! 364! § 2.
8 established by the commissioner; but no contract shall be made for the wn. isi!
9 labor of prisoners, except that, with the approval of the commissioner, \l\l] ftl] § J:
10 prisoners may be employed in cane seating and the manufacture of ?t27,^289!'f6!
11 umbrellas under the "piece price system", so called.
1 Section 52. The warden, superintendent, master or keeper of any Superintend-
2 institution named in the preceding section may, with the approval of instructors.
3 the commissioner, appoint such superintendents and instructors to \ll]] ttl;
4 instruct the prisoners in said industries as he and the commissioner shall ^°l] HI; 5 44.
5 consider necessary. Such superintendents and instructors shall have }^[6' 241. § 1.
6 the same authority relative to the prisoners as the subordinate officers of f|3*2'^83j'
7 the institution where they are employed. They may be removed by f^^j'^^-^j . 20
8 the warden, superintendent, master or keeper, with the approval of the
9 commissioner.
1 Section 53. The commissioner shall, so far as possible, cause such Certain
2 articles and materials as are used in the offices, departments or institu- be made by
3 tions of the commonwealth and of the several counties, cities and towns ^ssTSt, § 13.
4 to be produced by the labor of prisoners in the institutions named in J*^g; ||^; 5 1-
5 section fifty-one.
R.L 225,5 45. 1916.241.5 1.
1912, 565, 55 1, 3. 1919, 350, 5§ 82, 83.
1 Section 54. For the purpose of determining the styles, designs Meetings for
2 and qualities of articles and materials to be made by the labor of prison- of styks^^etc"
3 ers for use in the offices, departments or institutions in accordance with fg^l^lH; j 5.
4 section fifty-three, the officers in charge of said offices, departments or jao^' |||-^ ^ gj
5 institutions shall hold meetings annually in May. The day and place l^ijO'li*'
6 of each of said meetings shall be assigned by the commissioner, who 1912, ses. 5 3.
7 shall give to the officers concerned at least ten days' notice thereof. If igiei 241! § 1!
8 an officer in charge is unable to be present at a meeting he may delegate 55 gi. 83."
9 one of his assistants to attend in his behalf. Each meeting shall organize
10 by the choice of a chairman and clerk; and within one week after the
11 meeting, these officers shall formally notify the commissioner of the
1546
INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127.
styles, designs and qualities adopted by the meeting for use in each 12
class of offices, departments or institutions. The expenses of attending 13
any of said meetings shall be repaid to the respective officers in the same 14
way as other traveling expenses are paid, and any other expense of the 15
meetings shall be paid from the Prison Industries Funds upon the ap- 16
proval of the commissioner. 17
Lists of prison-
made articles.
Arbitration
of differences
relative to
styles, etc.
1910. 414, § 2.
1915, 207, § 2.
1916, 241, § 1.
1919, 350,
8§82, 83.
3 Op. A. G. 495.
.Annual
estimates
of articles
needed in
puljlic offices.
1910, 414, § 3.
1912, 56.5, § 3.
1015, 207, § 3.
1010, 241, § 1.
1919, 350,
§§82,83.
Section 55. Annually in September the commissioner shall issue 1
to the officers in charge of the offices, departments and institutions 2
named in section fifty-three a descriptive list of the styles, designs and 3
qualities of said articles and materials. Any difference between the 4
prison officials and the offices, departments or institutions in regard to 5
styles, designs and qualities shall be submitted to arbitrators, whose 6
decision shall be final. One of said arbitrators shall be named on behalf 7
of the prison by the commissioner, one by the principal officer of the 8
other office, department or institution concerned, and one by agreement 9
of the other two. The arbitrators shall be chosen from the ofGcial service, 10
and shall receive no compensation for performance of any duty under 11
this section; but their actual and necessary expenses shall be paid by the 12
prison or office, department or institution against which their award is 13
given. 14
Section 56. Annually in November the officers in charge of all 1
offices, departments and institutions named in section fifty-three shall 2
send to the commissioner an estimate of the quantities of the articles 3
and materials needed for their respecti\'e offices, departments or institu- 4
tions during the ensuing year. Said estimates shall generally observe 5
the styles, designs and qualities named in the descriptive list; and if any 6
special style is desired in considerable quantity, the estimate shall con- 7
tain a request that the commissioner shall arrange for the manufacture S
of such special articles as may be needed. 9
Counties, mu-
nicipalities,
public institu-
tions, etc., to
purchase cer-
tain prison-
made articles.
1S87. 447, § 13.
1897, 4.i4.
1898, 334,
§§2-4.
1900, 269.
R. L. 225,
1910, 414,
§§ 2, 5, 6.
1912, 565, § 2.
1915. 207, § 2.
loni, 241, § 1.
1919, 45; 3.50,
§§ 19, 82, 83.
1923, 362, § 83.
§54.
Section 57. Annually in January the commissioner shall send to 1
the comptroller, to the auditing and disbursing officers of the several 2
counties, and to the auditor and treasurer of each city and town a list 3
of the articles and materials that can be produced by the labor of prisoners 4
for the use of offices, departments and institutions of the commonwealth 5
and of the counties, cities and towns. The requisitions hereinafter pro- 6
vided for shall conform to said list unless it appears that special style, 7
design or quality is needed and shall be on forms provided by the com- 8
missioner. The state purchasing agent or the purchasing agent of a city 9
or town shall make requisition therefor to the commissioner; provided, 10
that in the case of articles or materials needed by a state office, de- 11
partment or institution and not required to be purchased by the state 12
purchasing agent, or needed by a county, or by a city or town not ha\- 13
ing a purchasing agent, the requisition shall be macle by the officer in 14
charge of the state, county, city or town office, department or institution 15
in which such articles or materials are needed. The commissioner shall 16
fortinvitli iiit'oriii said state, city or town purchasing agent or other officer 17
in wiiat institutions they are produced, and he siiall purcliase tliciii from IS
any institution so designated. If they are needed ininiediately and are 19
not on hand, the commissioner shall forthwith so notify him, and he 20
may purcha.se them elsewhere. No bill for any such articles or ma- 21
terials purchased for the use of said offices, departments or institutions, 22
Chap. 127.] inmates of penal and reformatory institutions. 1547
2.3 otherwise than from a prison or from another penal institution, shall be
24 allowed or paid unless it is accompanied by a certificate from the com-
25 missioner showing that a requisition therefor has been made and that
26 the goods cannot be supplied from the prisons. Provisions of any city
27 charter contrary to this section shall be void.
1 Section 58. The price of all articles and materials supplied by the Prices of
2 prisons to the commonwealth, counties, cities and towns shall conform isus^sM^fs.
3 as nearly as may be to the wholesale market rates for similar goods 1^^°^' ial' § 55
4 manufactured outside of the prisons. Any difference of opinion in js'^'g'*'
5 regard to price may be submitted to arbitration in the manner provided wii S65, § 3.
6 in section fifty-five.
1 Section 59. With the approval of the governor and council, the Equipment of
2 commissioner may expend from the Prison Industries Funds any sums m^^'se's,' § 4.
3 needed to rearrange or enlarge the shops for the purpose of carrying out Jgjg; ||J' ^ '•
4 the provisions of this chapter relative to making goods for public use. §§82,83.
5 He may also employ such additional help as the governor and council
6 shall appro\'e to make the needed arrangements with the offices, depart-
7 ments and institutions named in sections fifty-three and fifty-seven.
1 Section 60. Any officer who wilfully refuses or neglects to comply Penalty.
2 with the provisions of this chapter relative to the purchase of articles and ^^'"' ^^°' ^ ^'
3 materials from the prisons shall be punished by a fine of not more than
4 one hundred dollars.
1 Section 61. The commissioner and the superintendent of the Mas- industries at
2 sachusetts reformatory shall endea\'or to establish in said reformatory reformatory. ^
3 such industries as will enable prisoners employed therein to learn valuable \lll[ 403; § 7*'
4 trades.
R. L. 225, §46. 1916, 241, § 1. 1919, 350. §§ 82, 83.
1 Section 62. The number of prisoners in all the institutions named Limitation of
2 in section fifty-one who may be employed in manufacturing the following tries ^
3 articles and in the industries hereinafter named, shall be limited as follows: isszi lii, § s.
4 brushes, not more than eighty; cane chairs with wood frames, not more isoiisyi!
5 than eighty; clothing other than shirts or hosiery, not more than three iggT;!?"; § i.
6 hundred and seventy-five; harnesses, not more than fifty; mats, not ^- ^' ^^"^ * *''■
7 more than twenty; rattan chairs, not more than seventy-five; rush chairs,
8 not more than seventy-five ; shirts, not more than eighty, and they shall
9 be women; shoes, not more than three hundred and seventy-five; shoe
10 heels, not more than one hundred and twenty-five; trunks, not more
11 than twenty; in stone cutting, not more than one hundred and fifty; in
12 laundry work, not more than one hundred.
1 Section 63. Not more than thirty per cent of the number of inmates Limit of num-
2 of any penal or reformatory institution having more than one hundred pfnye'd in one
3 inmates shall be employed in any one industry, except cane seating and 'is97f4i2,
4 the manufacture of umbrellas. ^^' '**'*•
R. L. 225, I 48.
1 Section 64. The two preceding sections shall not apply to prisoners Application
2 engaged in the manufacture of goods for use in the offices, departments prec'eding
3 and institutions named in section fifty-three. ifmited^
1897, 412, § 4. R. L. 225, § 49. 1912, 565, § 3.
1548
INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127
Bids for piece
price contracts.
1894,451.
1897, 434.
1900, 269.
R. L. 225, § 50.
1916,241, § 1.
1919, 3.50,
§§82,83.
Section 65. If the commissioner and the warden, superintendent,
master or keeper of any institution named in section fifty-one consider
the emplojTnent of prisoners or a part of tiiem upon the piece price plan
expedient, they shall advertise for bids therefor, which shall be opened
publicly, and a copy and record thereof shall be kept by the commissioner.
If said' officers consider it inexpedient to accept any of such bids, con-
tracts may be made with other persons. Copies of all contracts for
the employment of prisoners shall be kept by the commissioner, and shall
at all times be open to public inspection.
Purchase of
tools and
materials.
1887, 447,
§§1,9.
1888, 403, § 3.
1891, 228, § 1.
1897, 434.
1900, 269.
R. L. 225, § 51
1903, 213.
1916, 241, § 1.
1919, 350,
§§82,83.
Section 66. The tools, implements and materials required for use
in manufacturing in any institution named in section fifty-one, and such
necessary machinery to replace any which becomes unfit for use, or is
destroyed by fire or by malicious acts of prisoners, or to establish new
trades' or industries, may be purchased by the warden, superintendent,
master or keeper thereof, under the supervision of the commissioner, after
estimates or requisitions, in such form as he shall require, have been
approved by him.
Section 67. Goods manufactured in any of the institutions named
in section fifty-one shall, with the approval of the commissioner, be sold
by the warden, superintendent, master or keeper thereof at not less than
the wholesale market price prevailing at the time of sale for goods of the
Sale of manu-
factured goods.
1887, 447,
§§9, 13.
1888. 403, § 3.
1897, 412, § 5;
434.
R.°L. 225, § 52. same description and quality. The proceeds of such sales shall be paid
by the purchasers to the respective institutions from which the goods are
delivered.
1916, 241, § 1.
1919, 3.50,
§§82, 83.
Purchasing
and selling
agents.
1888, 403, ■
R. L. 22.5,
1916, 241, §
1919, 350,
§§ 82, 83.
1930. 400,
§§ 5. 7-9.
1931, 301,
Section 68. The warden, superintendent, master or keeper of any
^3 institution named in section fifty-one may, with the approval of the
§ 53. commissioner, appoint agents who, under such regulations as the com-
missioner shall establish, shall purchase tools, implements, materials
and machinery and sell manufactured goods as aforesaid. They may be
removed at the pleasure of the officer by whom they were appointed.
The commissioner shall have no authority to purchase or sell any articles
for any institution.
Report of
labor of
prisoners.
1898, 334, § 2.
1900, 269.
Section 69. The warden, superintendent, master or keeper of each 1
institution named in section fifty-one shall make a full report to the com- 2
missioner relative to the labor of the prisoners whenever he requires it. 3
R. L. 225
1916, 241, § 1.
1919, 350, §§ 82, S3.
Storage room.
1911, 195.
1912. 565, § 3.
1916, 241, § 1.
1919, 350,
§§82,83.
Section 70. There may be expended from the Prison Industries
Funds such amounts as the commissioner shall authorize to provide
ujion prison premises storage room needed in connection with the work
of making goods for the use of the offices, departments or institutions
described in section fifty-three.
toVanTdif- Section 71. At least once in each month the receipts from the labor
position of Qf ])risoners in the state prison, the Massachusetts reformatory, the
1864, 303, § 2. reformatory for women, the prison camp and hospital and the state
p.s.'2'2i?§59. farm shall be paid to the commonwealth, and the receipts from the
Chap. 127.] inmates of penal and reformatory institutions. 1549
5 labor of prisoners in a jail or iiou.se of correction to tlie county, and so ism, 2.55. § 29.
6 much thereof as is necessary to pay the expenses of maintaining the in- §s 16. n'
7 dustries in said institutions shall be expended from the state or county r^l. Ill,' § 56.
8 treasury for that purpose, but not until schedules of such expenses have \l\l] 1%-
9 been sworn to by the warden or sui)erintendent and approved by the JjJJg; |^o, § 2.
10 commissioner. Whenever, in the opinion of the comptroller, the ac- js}^. 277! 1 1.
11 cumulated funds in the state treasury from the receipts from the labor of 350. '§§"82, ss!
12 prisoners in the state prison, the Massachusetts reformatory, the re- ifl27!302!
13 formatory for women, the prison camp and hospital and the state farm
14 exceed the sums necessary to pay the expense of maintaining the indus-
15 tries by which they were produced, the comptroller shall direct that the
16 surplus be transferred from these accounts into the general fund or
17 ordinary revenue of the commonwealth. Receipts from any one of the
IS institutions sliall be applied to paying the bills of that institution only.
19 The warden or superintendent of the state prison, Massachusetts re-
20 formatory, reformatory for women or state farm shall, as often as he has
21 in his possession money to the amount of ten thousand dollars which he
22 has recei\-ed under the provisions of sections fifty-three to sixty-seven,
23 inclusive, and the superintendent of the prison camp and hospital shall,
2-1 as often as he has in his possession money to the amount of Hve thousand
25 dollars which he has received under the provisions of said sections, pay
26 it to the commonwealth; and the master or keeper of a jail or house
27 of correction shall, as often as he has in his possession such money to the
28 amount of five thousand dollars, pay it into the county treasury.
1 Section 72. Bills for tools, implements, machinery and materials Payment of
2 purchased by, and the salaries of persons employed in, the state prison, bmYtor""
3 the Massachusetts reformatory, the reformatory for women, prison camp 'igsl,' 447,
4 and hospital and the state farm, under sections fifty-one to seventy, i^|g^i',t-2s, § 3.
5 inclusive, shall be paid monthly by the commonwealth, upon schedules Rj^l. 225, § 57.
6 prepared and sworn to by the warden or superintendent and approved by inie. 241. § 1.
7 the commissioner. Bills for tools, implements, machinery and materials 350, '§§'82, 83.'
8 purchased by, and the salaries of persons employed in, the jails and houses
9 of correction under said sections shall be paid monthly by the county,
10 upon schedules prepared and sworn to by the master or keeper and
11 approved by the commissioner. The schedule of bills for tools, iniple-
12 ments and machinery and of bills for materials and salaries shall be kept
13 separate from each other and from the schedules of bills incurred for
14 the maintenance of the prison, reformatory, jail or house of correction.
1 Section 73. The warden, superintendent, master or keeper of any suits by and
2 institution named in section fifty-one may sue or be sued upon any con- warden, etc.
3 tract of purchase or sale made by him under sections fifty-one to seventy, cont?ove'Ses
4 inclusive. No suit shall abate by reason of a vacancy in any such office, '•'on^'^te.''"
5 but the successor of any such officer may, and upon motion of the adverse J^s^, 447. § 12.
6 party shall, prosecute or defend it. The warden or superintendent, 1897! 434: ^ ^^
7 master or keeper may submit a controversy relative to such contract or
8 an action thereon to the final determination of arbitrators or referees,
9 who shall, if the claim or suit is made or brought by or against the war-
10 den or superintendent, be approved by the governor, or, if made or
11 brought by or against the master or keeper, be approved by the county
12 commissioners.
1550
INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127.
Preparation of
road material.
1898, 365, § 1.
R. L. 225, § 59.
1904, 243, § 1.
1916, 241, § 1.
1919. 350,
5§82, 83.
Section 74. The commissioner may cause the prisoners in any jail
or house of correction to be employed within the precincts of the prison
in preparing material for road making; but no machine except such as
is operated by hand or foot power shall be used in connection with such
employment.
Department of
punlic works
to pive
instruction.
1898, 365, § 2.
R. L. 225, § 60.
1916,241, § 1.
Section 75. The department of public works shall, at the request of
the commissioner, give him such information and instructions as will
enable him to direct said employment in a manner which will furnish
suitable and proper material for road building.
1919, 350, U 82, 83, 111, 113. 1931, 394, § 98.
Section 76. Material so prepared may be sold to the county com-
missioners or to town officers having the care of public roads. All ma-
terial not so sold shall be purchased by the department of public works,
at such price as it determines is fair and reasonable, for use on state
Sale of road
material.
1898, 365, § 3.
R. L. 225, § 61.
1916, 241, I 1.
1919, 350,
55 82, 83, 111, _ _ ^_
1931,394, 5 99. highways; but the commissioner may cause any of said prisoners to be
employed upon material furnished by said department, which shall then
pay for the labor of preparation such price as may be agreed upon by
the commissioner and the department.
^ecript"*"^ '" Section 77. All money received under the three preceding sections
fiiries 5 4 shall be paid to the county, and the expense of employing prisoners
R. l: 225', § 62. thereunder shall be paid by the county in the manner provided in section
seventy-one. Payment for material sold or labor performed thereunder
shall be made to the master or keeper of the jail or house of correction
where it is prepared or performed.
P™on^camp, Section 78. Land reclaimed or improved by prisoners at the prison
position of^^^ camp and hospital may be applied to the use of the commonwealth or
sSrof road ' may be disposed of by the governor and council at public or pri\ate
i898,'393, §10. sale. Any road material prepared by the prisoners may be sold by the
superintendent, with the approval of the commissioner, to the authorities
of the commonwealth or of any county, city or town.
1919, 350, 55 82, 83.
R. L. 225, 5 68
1906, 243, § 1
1916,241, §1
Removal of
prisoners to
prison camp
and hospital.
Detention.
Return,
1898, 393, 5 7.
R. L. 225, 5 96.
1905, 240;
355, 5 2.
1906, 243, 5 1.
1916, 241, 5 1.
1919, 199, 5 1;
350, 55 82,83.
prison camp and hospital.
Section 79. The commissioner may remove to the prison camp and
hospital any male prisoner in the state prison, the Massachusetts reform-
atory, the state farm, or in any jail or house of correction appearing by
the certificates of the prison physician to be suffering from any disease
of a tubercular nature. He may at any time return to the original place
of imprisonment any prisoner so remo\'ed. A prisoner shall be held in
the place to which he is so remo\-ed or returned according to the terms
of his original sentence.
264 Mass. 490.
Custody of
prisoner so
removed.
1905, 355, § 4.
1906. 243, 5 1.
1916, 241, 5 1.
1919. 3.50,
55 82, 83.
Section 80. A prisoner removed to the prison camp and hospital 1
shall be held in the custody of the superintendent thereof, and shall be 2
governed, employed and treated according to rules and regulations to 3
be established by the commissioner, with the approval of the governor 4
and council. 5
Chap. 127.] inmates of penal and reformatory institutions. 1551
1 Section 81. The superintendent of the prison camp and hospital f^Xmai°TMl
2 may, with the approval of the commissioner, employ the prisoners con- et^c^.^ ^^^ ^ ^
3 fined in the camp section of the said prison camp and hospital in the r.^l'. 225', § ob.
4 preparation of road material, and may use therefor such machinery as sji.'s.
5 the commissioner may consider necessary. The department of public Hit] Ito. § V
6 works and the department of agriculture shall, at the request of the \l\l HI ^ '•
7 commissioner, give such information as may enable him to prosecute to |'f g''^ \^£' gg,
8 the best advantage the work of reclaiming and improving waste land ni, 113.'
9 and of preparing material for road buildmg.
1931,394,5 100. 4 Op. A. G. 332.
1 Section 82. The commissioner may purchase or lease land, with Labor ot
2 funds specifically appropriated therefor by the general court, for the feTuiated.
3 purpose of improving and cultivating the land by the labor of prisoners \l\l] lll\
4 from the prison camp and hospital; and the commissioner may also make §§82-84.
5 arrangements with officials of the commonwealth and officials of towns
6 to employ the said prisoners on any unimproved land and in the con-
7 struction, repair and care of public institutions and public ways adjacent
8 thereto. When prisoners are so employed they shall be in the custody
9 of the superintendent of the prison camp and hospital. There shall be
10 paid to the commonwealth monthly, for the labor of any prisoners em-
11 ployed as above provided, such sums as may be agreed upon between
12 the commissioner, the superintendent of the prison camp and hospital,
13 and the other parties in interest. Expenditures from any appropriation
14 to carry out the purposes of this section shall be made upon schedules,
15 with vouchers, approved by the superintendent and the commissioner;
16 but the expenditures in any year shall not exceed the amount of the
17 receipts during that year from the employment of prisoners as aforesaid.
outdoor labor.
1 Section 83. During all times when outdoor labor is practicable, in- Outdooriabor
2 mates of penal institutions required to labor shall be employed, so far as lofs" 633,1' 1.
3 is possible, in the reclamation of waste places and in cultivating lands 1op:ag.332.
4 for raising produce to be used in public institutions, and in the reforesta-
5 tion, maintenance or development of state forests. Prisoners so em-
6 ployed shall be at all times in the custody and under the direction of the
7 prison officers.
1 Section 84. The county commissioners of any county may purchase Prison labor^
2 or lease land, with funds specifically appropriated therefor by the gen- erc."^^
3 eral court, for the purpose of improving and cultivating the land by the \l\l[ f|o; ^ ^'
4 labor of prisoners from a jail or house of correction ; and the said com- igJj.^yY.
5 missioners may also make arrangements with the department of public i9}|. 'ss-
6 works or with the officials of a town to employ said prisoners on any ll^i'^^g^i^-
7 highway or unimproved land, or with the state forester for the reforesta- §101. '
_ . . , . fl c 1 'j.! • J. 4Up. A. U.3d^.
8 tion, maintenance or development of state forests, or with a private
9 o^Tier to improve waste or unused land, or land used for agricultural or
10 domestic purposes, by means of such prison labor. When prisoners
11 are so employed they shall be in the custody of the sheriff of the county.
12 When land that is not the property of the county or is a public w^ay or
13 state forest is so improved, the owners thereof or those having the way
1552 INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127.
or forest in charge shall pay to the county such sums as may be agreed 14
upon between the county commissioners, sheriff, and the other parties 15
in interest for the labor of any prisoners employed thereon. 16
EMPLO'i'MENT OF FEMALE PRISONERS.
Employment SECTION 85. The Commissioner may, with the consent of a woman 1
prisoners scrviug a seutcnce in the reformatory for women or in a jail or house of 2
atory,'etc.°™' corrcction, and with the consent of the county commissioners if she is in 3
is8o; ill! 1 1: a jail or house of correction, contract to have her employed in domestic 4
R.L. 125,^69. service for such term, not exceeding her term of imprisonment, and upon 5
1916' 24i' § 1. such conditions, as he considers proper with reference to her welfare and 6
Ifii ^iz' reformation. If in his opinion her conduct at any time during the term 7
Op. A. g'. of the contract is not good, he may order her to return to the prison from 8
which she was taken. 9
PeoaUy for Section 86. If she leaves her place of service, or if, ha\'ing been or- 1
return to dcrcd by the commissioner to return to prison, she neglects or refuses so 2
i88o,°i5u ' to do, she shall be held to have escaped from prison, and may be arrested 3
rLIiq, §S 24, and returned to the prison from which she was taken as if she had escaped 4
1894, 260. therefrom, and shall, upon conviction of such escape, be punished by 5
1916' 241' § 1°' imprisonment in jail or in a house of correction for not less than three 6
1919- 350, months nor more than one year or in the reformatory for women. The 7
Op. A. g'. expense of her arrest and return to prison shall be paid in the same manner 8
as the expenses of the arrest and return of a prisoner escaping from prison. 9
privileges.
Correspondence SECTION 87. Every inmate of a penal or reformatory institution 1
1878, 276'. shall be allowed to write letters to the principal officer or to any super- 2
p. s.' 222,' §7. ' vising officer thereof. A locked letter box, accessible to the inmates, 3
i9'n,' ill.' ^ ^^' shall be placed in each institution, in which they may deposit such letters, 4
1919' 3so' ^ ^' ^nd such letters shall be duly delivered according to the address thereon. 5
§§ 82, 83. fi^g j^eyg of the boxes in the state prison, Massachusetts reformatory, 6
reformatory for women, prison camp and hospital and state farm sliall 7
be kept by the commissioner, and of those in each of the other institu- 8
tions by the principal officer thereof. 9
Religious SECTION 88. An inmate of anv prison or other place of confinement 1
1834, 151, § 16. or public charitable or reformatory institution shall not be denied the 2
g'. h. 178, § 40. free exercise of his religious belief and the liberty of worshipping God 3
i87o,^i26, according to the dictates of his conscience in the place where he is con- 4
1879, ^io8, fined; and he shall not be required to attend any service or religious 5
?; |- 1^^' instruction other than that of his own religious belief", if religious services 6
1904' 363' IP' ^^^ instructions of his own belief are regularly held at the institution; 7
and he may, in illness, upon request to the warden, superintendent, 8
keeper or master, receive the visits of any clergyman whom he may wish. 9
The officers having the management and direction of such institutions 10
shall make necessary regulations to carry out the intent of this section. 11
This section shall not be so construed as to impair the discipline of any 12
such institution so far as may be needful for the good government and 13
safe custody of its inmates, nor prevent the assembling of all the inmates, 14
who do not attend a regularly held religious service of their own belief, 15
in the chapel thereof for such general religious instruction, including the 16
Chap. 127.] inmates of penal .\nd reformatory institutions. 1553
17 reading of the Bible, as the officer having charge of the institution
IS considers expedient.
1 Section 89. The warden of the state prison, with the consent of the Sunday school
2 commissioner, may cause a sabbath school to be maintained in the s"ru cUo" '"'
3 prison for the instruction of the prisoners in their religious duties, and \lll] l^l] | f,
4 may permit such persons as he considers suitable to attend it as instruc- pgg| |^^' ^ *3.
5 tors, under such regulations as the commissioner may establish. The }|7i. s^. ^ ^^
6 warden may also, subject to the restrictions and regulations of the com- p.s.'22i.'§30. '
7 missioner, maintain schools of instruction for the prisoners at such times, R. l'. 225] § 73.
8 except on Sunday, as he, with the approval of the commissioner, may mg, sto,
9 determine, and for such purpose may expend, from the appropriation 5§82, sa.
10 made for the support of the prison, not more than two thousand dollars
11 annually.
1 Section 90. The department or officers having charge of any prison Appropriation
2 or other place of confinement or public charitable or reformatory institu- s^vTcef °"^
3 tion shall include as a separate item in their annual requests for appro- \l\l[ sfo,' § 82.
4 priations such sums of money as they deem proper to carry out the two
5 preceding sections and section forty of chapter one hundred and nineteen,
6 relating to the free exercise of their religious beliefs by inmates of such
7 institutions and to the religious instruction of inmates of the state prison.
8 The amounts appropriated and spent for said purposes shall appear as a
9 separate item m the reports of said department or officers.
1 Section 90A. An inmate of a penal institution maj', in the dis- Attendance at
2 cretion of the officer in charge of such institution, be allowed to attend, by inmates of
3 in the custod\' of an officer thereof, the funeral of his or her spouse or tions'rTlu-'""
4 any next of kin. '"'='^-
1923, 52.
1 Section 91. The superintendent of the Massachusetts reformatory instruction at
2 may, subject to the approval of the commissioner, e^^3end annually a fekfrmatey"^
3 sum not exceeding five thousand dollars for the mental instruction of Jf *l'. 225; § it
4 inmates.
1917, 248, §§ 1, 2. 1919, 330, §§ 82, 83.
1 Section 92. The county commissioners, or, in the county of Suffolk, instruction in
2 the mayor of Boston, with the sheriff of the county, may, at the expense 1848,^24, § 3.
3 of their county or city, furnish instruction in reading and writing for g.^J; tisl I li'.
4 one hour each evening, except Sunday, to prisoners in the jails and houses fjsli', lee. Vs.'
5 of correction who may be benefited thereby and who wish to receive it. R- l. 225, § 75.
1 Section 93. Thekeeperormasterof a jail or house of correction shall, M9^|>^'j'^"d^
2 at the expense of the county, provide a copy of the Bible or of the New f^'!'jj'j^^°°'tf''-
3 Testament for each prisoner under his charge who is able and wishes to isis, i'23, § 4.^
4 read, which may be used by him at proper seasons during his confine- r. s.' 143,' § 40'
5 ment. He may, at the ex-pense of the county, provide books and papers a^l.'ns, § 40.
6 for such prisoners, but not exceeding in cost one hundred dollars a year. p*|^;22a'5 45.
7 The county commissioners may, in their discretion and at the expense of R- l- 225. § 76.
8 the county, provide moral and religious instruction for such prisoners.
1 Section 94. In the assignment of cells to prisoners in a house of I'^^^^J"^
2 correction, due regard shall be had to the accommodation of those who ^^^'^^Q'^g-
3 are able and wish to read; and from October first to April first, all r. l. 225, § 77.
1554
INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127.
prisoners confined to labor during the day shall be provided with sufii- 4
cient light to enable them to read for at least one hour each evening. 5
Female prisoner
may have cus-
tody of infant,
when.
1858. 57, § 1.
G. S. 178. § 29.
P. S. 220. § 34.
R. L. 225, § 78.
1931, 426, § 29.
Section 95. If the mother of a child under eighteen months is im- 1
prisoned in a jail, house of correction or other place of confinement and 2
is capable and desirous of taking care of it, the keeper or master shall, 3
upon the order of the court or magistrate committing her, or of any 4
member of a board of public welfare, receive the child and place it under 5
the care and custody of its mother. 6
Removal of
such child.
1858. 57. § 2.
G. S. 178. §30.
P. S. 220, § 35.
R. L. 225. § 79.
1911, 104.
1928, 155, § 55.
Section 96. If the officers having charge of such institution are of
opinion that the health and comfort of such child require its removal, or
that it is expedient that it should be removed, they shall give notice to
the father or other kindred thereof, or, if no kindred can be found to
receive it, to the board of public welfare of the town where it has a legal
settlement, who shall receive it. If it has no settlement m the common-
wealth, it shall be sent to the state infirmary.
REMOVALS.
pri^OTto'^ Section 97. The commissioner may remove a prisoner held in the 1
re'fOTma'tOTy!'^ State prison upon a sentence for a term of years to the Massachusetts 2
Return. reformatory, and may at any time return him to the state prison. 3
1884, 255, § 14; 1901, 340. 1919. 350. §§ 82, 83.
331. § 5. R. L. 225. § SO. 148 Mass. 168.
1894. 249. § 1. 1916. 241, § 1.
From state
prison to
state farm.
Return.
1890, 180, § 1.
R. L. 225. § 81.
1915, IS4.
Section 98. He may, with the consent of the governor and council,
remo\'e to the state farm a prisoner in the state prison who is aged or who
is infirm in body or mind, and may at any time return him to the state
prison.
1916, 241, § 1. 1919. 350, §§ 82, 83.
From Massa-
chusetts
reformatory.
Section 99. He may remove a prisoner in the Massachusetts re-
formatory to the state farm or to any jail or house of correction.
R. L. 225, §83. 1919. 350, §§ 82, 83.
1884. 255, §§ 12, 15.
1887, 292, § 1.
1916,241, § 1.
238 Mass. 532.
From state
farm to
Massachusetts
refor/natory.
Return.
Section 100. He may remove a sentenced male prisoner from the 1
state farm to the Massachusetts reformatory, and may at any time return 2
him to the state farm. 3
1885. 35. § 2.
R. L. 225, § 84.
1916. 241, § 1.
1919, 350, §§ 82. 83.
From state
farm to house
of correction.
Return.
1890. 278. § 1.
From jail or
house of cor-
rection to
Massachusetts
reformatory.
Return.
1884, 255, § 12.
R. L. 225, § 93.
1916. 241. S 1.
1919. 350,
§§ 82, 83.
Section 101. He may remove a prisoner from the state farm to any 1
house of correction in the county where he was con\icted, and may return 2
him to the state farm. 3
R. L. 225, §85. 1916, 241, §1. 1919, 199, § 1; 350, §§ 82, S3.
Section 102. The commissioner may remove a male prisoner in a
jail or house of correction to the Massachusetts reformatory, if he might,
at the time of such removal, lawfully be sentenced to said reformatory, if
the commissioner is of opinion that he is likely to be benefited by its
reformatory influences, and he may at any time return him to the place
of imprisonment from which he was removed.
238 Mass. 532.
Chap. 127.] inmates of penal and reformatory institutions. 1555
1 Section 103. He may remove a prisoner from one jail to another in From one jaii
2 the same or another county, who shall serve the remainder of his sentence r.s°u37§43.
3 in the place to which he is removed.
G.S. 178, §2. P. S. 219, § 4; 220, § 2. 1919, 350, |§ 82, 83.
1870,370,8 2. R. L. 225, § 89. 1 Op. A. G. 516.
1879, 294, § 3. 1910, 241, § 1.
1 Section 104. He may remove a sentenced prisoner in jail to a house Fromjaii
2 of correction. correron.'
1881,220. R. L. 225, §90. 1919, 350, §S 82, 83.
P. S. 220, §2. 1916,241,5 1. 1 Op. A. G. 516.
1882, 241, § 2.
1 Section 105. He may remove a prisoner from one house of correction From one house
2 to another in the same or another county. to another""
1870,370.5 2. P. S. 219, §4. 1916, 241, § 1.
1879, 294, § 3. R. L. 225, § 91. 1919, 350, §§ 82, 83.
1 Section 106. He may remove a sentenced prisoner in a house of cor- From house
2 rection to a jail. ?ojar'*'°°
1882, 241, §2. R. L. 225, § 92. 1916, 241, § 1. 1919, 350, §§ 82, S3.
1 Section 107. He may remove a prisoner in a jail or house of correc- From jaii or
2 tion to the state farm, and may at any time return him to the place of McUon to""
3 imprisonment from which he was removed. Return™'
1876, 96, § 1. P. S. 219, § 6. 1899, 263, § 1. 1916, 241, § 1.
1879, 294, § 5. 1885, 35, §1. R. L. 225, § 94. 1919, 350, §§ 82, 83.
1 Section 108. He mav, at the request of the governor and council, sick prisoner
„ ,, ' n ' ",...., may be re-
2 remove to the state farm tor treatment a sentenced prisoner in a jail or moved from jaii
3 house of correction who is suffering from disease which, in the opinion correction to
4 of the governor and council, cannot be safely and properly treated in the Return."^™'
5 jail or house of correction, and he may at any time return him to the r.^l. 225, 1 95.
6 place from which he was removed.
1916, 241, § 1. 1919, 350, §§ 82, 83.
1 Section 109. He may remove prisoners from the Massachusetts To prison
2 reformatory, the state farm, and the jails and houses of correction to hospita"
3 the prison camp and hospital, and from the state prison such prisoners, fs^gs.'^Ms, § 7.
4 other than those serving sentences for life, as have shown by their conduct fggj- ||o; ^ ®^'
5 and disposition that they would be amenable to less rigorous discipline i4}^'5''i'''
6 and would benefit from work in the open air, and may at any time return I9'^i'^|i''
7 them to the place of imprisonment from which they were removed. 264 Mass. 490.
1 Section 109A. He may remove prisoners from the Massachusetts to state
2 reformatory, the state farm, and the jails and houses of correction to Return':°°"*'
3 the state prison colony, and may at any time return them to the place ^^^^' '^°*' ^ ^'
4 of imprisonment from which they were removed.
[Note: — For limited application of this section see 1931, 204, § 3.]
1 Section 110. He may remove a prisoner in the reformatory for From reforma-
2 women to the state farm or to a jail or house of correction. 1879,294,°™™
p. S. 219, §5. R. L. 225, § 82. 1916,241,5 1.
1896,317. 1911,181. 1919, 350, §§ 82, S3.
1 Section 111. He may remove a sentenced female prisoner at the to reformatory
2 state farm or in a jail or house of correction to the reformatory for women, i874!°385!' § 15.
3 and she shall there serve the remainder of her term of sentence.
1879, 294, § 4. R. L. 225, §§ 86, 97. 1916, 241, § 1.
P. S. 219, § 5. 1911,181. 1919, 350, §§82, 83.
1556
INMATES OF PENAL AND REFORMATORY INSTITUTIONS. [ChAP. 127.
Removal of
prisoners com-
mitted by
United States
courts.
1895. 273.
R. L. 225. § 99,
Commissioner
may deport
certain pris-
oners in the
state farm.
Penalty for
return.
1869, 258, § 2.
1877, 147.
P. W. 88, § 6.
1898, 443, § 1.
R. L. 85, § 31.
1916, 241, § 1.
1919, 199, § 1;
350, §§82, 83.
Section 112. [Repealed, 1931, 426, § 30.] 1
Section 113. The commissioner may remove from one jail or house 1
of correction to another, or to the Massachusetts reformatory, or to the 2
reformatory for women, a prisoner sentenced to such jail or house of 3
correction by any court of the United States. 4
1911,\81. 1916, 241, 5 1. 1919, 350, §§ 82, 83.
Section 11-1. The commissioner may cause any person committed 1
to the state farm under section fifty-three or sixty-two of chapter two 2
hundred and seventy-two, who has no legal settlement in this common- 3
wealth, to be removed to the state or place where he belongs or whence 4
he came. A person so removed who returns to this commonwealth before 5
the expiration of the period for which he might be held may be re-arrested 6
and returned to the state farm, there to serve out the remainder of such 7
period. 8
Sheriff may SECTION 115. The sheriff in any countv, cxccpt SufFolk, may Fcmove 1
remove from , . i * c • • w l £ j.' o
one jail to prisoncrs from one jail to another or from a jail to a house oi correction Z
^"s. i4'3!'§43. or from a house of correction to a jail in his own county. 3
G. S, 178, § 2.
1881, 220.
P. S. 220, § 2.
R. L. 225, § 89.
1909, 312.
1 Op. A. G. 516.
Terms of SECTION 116. A prisoner who is removed or returned under any pro-
tIn?e"to''fppiy. vision of sections ninety-seven to one hundred and fifteen, inclusive,
Rs°.'8T§47.' shall be held in the place of imprisonment to which he is so removed
isoa iso! 1 2f' or returned under the terms of his original sentence, unless sooner dis-
1894 ^2H § 1- charged, and the period for which he is so removed shall be reckoned as
1895^273 ^ P^""* °^ *^^^ *^^'" °*^ '^'^ imprisonment.
1899, 263, § 2. R.L.225, §104.
Section 117. Whenever the physician of any prison certifies that
a person held therein for trial or sentence, except for a capital crime,
requires medical treatment which cannot safely or properly be given in
such prison, the commissioner may temporarily place such person in a
hospital.
Section 118. Whenever it appears that a female under sentence in
any prison is about to give birth to a child during her term of imprison-
ment, the physician of the prison where she is held shall send to the
commissioner a certificate of her condition, and he shall thereupon order
her removal to a hospital. A prisoner so removed shall be kept in such
hospital until the physician thereof shall certify to said commissioner
that she may safely be removed, whereupon the commissioner shall issue
an order for her return to prison.
Section 119. Any prisoner placed in a hospital under either of the
two preceding sections shall, during his absence from prison, be con-
sidered as in the custody of the officer having charge of the prison, and
the time of confinement in said hospital shall be considered a part of the
term of sentence.
Hospital
treatment
1882,
207,
§1.
R.L.
225,
§100.
1906,
302,
§1.
1916,
241,
§1.
1919,
350.
§§82
:, 83.
Pregnant
fcmal
les.
1854,
410,
§2.
1856,
40.
G. S.
178.
§16.
P. S.
220,
§17.
11. L.
225,
§98,
1900,
302,
§2.
1910,
241,
§ 1-
1919,
350,
§§82
:, 83.
Time
in hos-
pital
part of
sentence.
1882,
207,
§2.
R. I,
,225,
§ lOO
1.
1900,
302,
§3.
Order for Section 120. Evcry order of removal of the commissioner shall be 1
Mittimus, etc., signed by him or his deputy, and shall be directed to the officer by whom 2
pHsoner. ' it is to bc e.xccuted. All mittimuses, processes and other official papers 3
Chap. 127.] inm.'Vtes of penal and reformatory institutions. 1557
4 by which a prisoner is committed or held, or attested copies thereof, Jlyglg^^^'
5 sfiall at the time of such removal be transferred, with the order of re- |>^|?i9 556
6 moval, to the institution to which the prisoner is removed, and be kept li " '
7 therein as if he had been originally committed thereto; but if he is isssiss. '§2.
8 returned to the place from which he was removed, they shall be returned 278?'§'3.°' ^ ^'
9 with him.
1894, 214, § 2. 1899, 263, § 3. 1916, 214, § 1.
1895, 273. R. L. 225, § 105. 1919, 350, §§ 82, 83.
1 Section 121. An officer authorized to serve criminal process may officers quaii-
2 execute an order of removal or return issued under this chapter. removals.
1844, 120. § 2. 1880, 250, § 5. 1890, 180, § 3.
G. S. 180, § 3. P. S. 219, § 8; 1894. 214, § 2.
1870, 370, § 5. 222, § 11. 1899, 263, § 3.
1874, 384, § 18. 1884, 255, § 17. R. L. 225, § 106.
1879, 294, I 7. 1885, 320, § 2.
1 Section 122. The expense of the commitment of any person sen- Expense of
2 tenced to imprisonment in the state prison, Massachusetts reformatory, 588o!"i'2"or§*2.
3 reformatory for women or state farm shall be paid by the county from fss^. 255,\'i8.
4 which the prisoner is committed, and shall be allowed in the same man- 5^107 ^"^'
5 ner as other expenses in criminal cases.
1911, 181.
1 Section 123. The expense of removing a prisoner from one jail or Expense of
2 house of correction to another shall be paid by the county from which Vsjojh'o, § s.
3 he is removed. The expense of removing a prisoner to or from a state JUg; 229; | If
4 institution by order of the commissioner shall be paid upon bills approved iHo^lb. § 4.
5 by him, out of the appropriation for the removal of prisoners, except that ^^s. 219, §§ 9,
6 when a removal is made at the request of the trustees of any institution, 1884, 225. § is.
. 1885 35 ^ 2
7 or under section one hundred and seventeen or one hundred and eighteen, i89o! 27s, § i.
8 the expense thereof shall be borne by the institution from which the iggli 273!
9 prisoner is removed. The expense of removing a prisoner to the Bridge- f los.^^^'
10 water state hospital or to a state hospital shall be paid by the prison J^^^, 354. ^ ^^
11 from which the prisoner is removed. 324.
1909. 504, 5 98. 1916, 241, § 1. 1919, 350, §§ 82, 83.
1 Section 124. The expense of supporting a prisoner transferred from Expense of
2 the Massachusetts reformatory or the reformatory for women to a jail isso.^ise. § 2.
3 or house of correction shall be paid by the commonwealth, if the prisoner ^ l."22*5,^ ^^'
4 was not originally sentenced from the county where such jail or house fgn^ igj.
5 of correction is situated; but before payment, the bills therefor shall be J^JJj' ^H- 5 1-
. . X- ,/ ' 1919, 350,
6 approved by the commissioner. §§82,83.
1 Section 125. The expense of supporting a prisoner transferred from same subject.
2 a jail or house of correction in one county to another, removed from the 1870! 370! § i.
3 state farm to a house of correction, or sentenced to a jail or house of p*s°'2\9^'§\i.
4 correction in a county other than that in which he was convicted, shall r ^°'. I23', ^ *'
5 be paid by the county where he was sentenced. If the amount to be paid 5 no-
6 cannot be agreed upon by the county commissioners of the two counties,
7 it may be determined by the superior court sitting in either county.
1 Section 126. The expense of supporting a prisoner removed from a same subject.
2 jail or house of correction to the state farm shall be paid to the common- 1879! 294, § 6.
3 wealth by the county from which he is removed, and the amount thereof fgsl, u8',\ l
4 shall be determined by the commissioner. The ex-pense of supporting a J||^; ^^4; |
1558
PAROLES.
[Chap. 127.
1898, 433, § 24. sick prisoner removed to the state farm under section one hundred and 5
f lu.^^^' eight, not exceeding three dollars and twenty-five cents a week, shall be 6
lloSfU \l' paid by the county from which he is removed. 7
195 Mass. 42.
Special state
police. Powers
and duties.
1S99, 243.
1901, 185.
R. L. 85, §40;
225, § 112.
1908, 470.
1916, 241, § 1.
1919, 105; 199,
§1; 350, §§82,
83
1923, 150.
Section 127. The governor, upon the written recommendation of
the commissioner, may appoint any agent or employee of the depart-
ment of correction or any employee of any penal institution a special
state police officer for a term of three years, unless sooner removed.
Officers so appointed may serve warrants and orders of removal or
transfer of prisoners issued by the commissioner and warrants issued
by any court or trial justice in the commonwealth for the arrest of a
person charged with the crime of escape or attempt to escape from a
penal institution or from the custody of an officer while being conveyed
to or from any such institution, and may perform police duty about the 10
premises of penal institutions. H
By whom
granted and
issued.
1880, 218, § 1.
1881. 40.
P. S. 222. § 20.
1886, 323, § 7.
1894, 258.
R. L. 225,
§ 113.
1913, 829, § 3.
1915, 206.
1916, 241, § 1.
PERMITS TO BE AT LIBERTY AND DISCHARGE.
Section 128. Permits to be at liberty may be granted as follows: to
prisoners in the penal institutions of the commonwealth or transferred
therefrom to jails or houses of correction, by the board of parole; to
prisoners in jails and houses of correction, except in Suffolk county, by
the county commissioners; to prisoners in the jail and house of correc-
tion in Suffolk county, by the penal institutions commissioner. All
permits shall be issued by the board or officer granting them.
1919, 199, § 2;
350, §§ 82, 83, 85.
1930, 60, § 1.
13 Gray, 618.
4 0p. A. G.228.
Op. A. G. (1918) 9.
Board of
parole to
grant permits
to be at liberty,
etc.
1913, 829, § 3.
1915, 206.
1916,241, § 7.
1919, 199, § 2;
350, §§ 82, 83,
85.
Section 129. The commissioner shall furnish to the board of parole
all information in his possession relating to any prisoner whose case is
under consideration. No permit to be at liberty authorized by section
one hundred and thirty-one, and no permit to be at liberty from the
Massachusetts reformatory, the reformatory for women, or the prison
camp and hospital, shall be granted until the prisoner has been seen by
the board. The superintendent of the reformatory for women and the
resident physician, or, in the absence of either of them, an official of said
reformatory designated by the superintendent, shall be present at all
meetings of the board held for examination of the inmates thereof.
1
2
3
4
5
6
7
8
9
10
Deduction for
good conduct.
Exceptions.
1857, 284, § 1.
1858, 77.
1859, 108.
G. S. 178, § 47;
179. § 51.
1880, 218,
§5 1.3,4.
1881, 40.
P.S.222, §§20,
22.
1886, 323, § 7.
1894, 258.
1898, 443, § 1.
R. L. 225,
1113.
13 Gray, 618.
148 Mass. 168.
172 Mass. 264.
1 Op. A. G. 9.
4 Op. A. G.228,
Section 130. Every officer in charge of a prison or other place of 1
confinement, except the Massachusetts reformatory, the reformatory for 2
women and the state farm, shall keep a record of the conduct of each
prisoner in his custody whose term of imprisonment is four months or
more. Every such i)risoner, except a prisoner sentenced to the state
prison for a crime committed on or after .January first, eighteen hundred
and ninety-six, whose record of conduct shows that he has faithfully-
observed all the rules and has not been subjected to punishment shall
be entitled to a deduction from the term of his imprisonment, which
shall be estimated as follows: upon a sentence of not less than four
months and less than one year, one day for each month ; upon a sentence
of not less than one year and less than three years, three days for each 12
montli; upon a sentence of not less than three years and less than five 13
vears, four days for each month; upon a sentence of not less than five 14
3
4
5
6
7
8
9
10
11
Chap. 127.] paroles. 1559
15 years and less than ten years, five days for each month; upon a sentence
IG of ten years or more, six days for each month. If a prisoner has two or
17 more sentences, the aggregate of his several sentences shall he the basis
IS upon which the deduction shall be estimated. A prisoner who is entitled
19 to such deduction from the term of his imprisonment shall receive a
20 written permit to be at liberty during the time so deducted, upon such
21 terms as the board which grants the permit shall prescribe. If a prisoner
22 violates any of the rules of his prison or other place of confinement, the
23 board authorized to grant permits shall decide what portion of the
24 time, which would otherwise be deducted from the term of his imprison-
25 ment, shall be forfeited by such violation.
1 Section 131. The board of parole may grant a special permit to be Special per-
2 at liberty from the state prison to a prisoner held therein or transferred ubert'y from
3 therefrom to the Massachusetts reformatory upon a sentence with a fif" p"™"'
4 minimum term of more than two and one half years, when he has served }|^|; ^|S; ^ ^•
5 two thirds of such minimum term, if it appears to the board that the ^^l^H
6 prisoner is likely to lead an orderly life, and they have a reasonable |gi)ig*-2^^'
7 assurance that he will not become a charge upon public or private i9n;4oi,'
8 charity; but no such permit shall be granted to any prisoner until he has 1912, "io3.
9 served at least two and one half years. A prisoner held in the state \l\l[ 20I'. ^ ''
10 prison upon two or more sentences may be eligible for release under }^}^; ^|J; | ^5
11 this section when he has served two thirds of the aggregate of the mini- l^y^-^li^-^''^*'
12 mum terms of his sentences. Such permits shall be granted on terms 2 0p.a.g. i89.
13 and conditions prescribed by the board.
Op. A. G. (1918) 9. Op. A. G. C1919) 126.
1 Section 132. Any prisoner eligible for a release in accordance with Application tor
2 the preceding section ma\' apph' for a permit to be at liberty as therein i9iT,'45i, § 3.
K , , rS, ,..',,,,, •.. 1 . ,1 I 1 c 1 1912.103.
3 provided. The application shall be transmitted to the board of parole igii; 829; 5
4 by the warden of the state prison or the superintendent of the Massa- J^}^; f^J; 5 j
5 chusetts reformatory, who shall send with it a report of the prisoner's jj^la.^ss.'
6 conduct and industry, a statement concerning the prisoner's health, and
7 any other information respecting the case which the warden or superin-
8 tendent can supply; and the board shall not entertain any other form
9 of application or petition for the release of a prisoner under the preceding
10 section.
1 Section 133. If the record of a prisoner sentenced to the state prison permits to
2 for a crime committed on or after the first day of January in the year one'p to^be'
3 eighteen hundred and ninety-sLx shows that he has faithfully observed 3tVt^p"i|'on°"
4 all the rules of the prison and has not been subjected to punishment, the }|95. 504, § 2.
5 board of parole shall, upon the expiration of his minimum term of sen- isss^ 240,
6 tence, grant him a permit to be at liberty therefrom during the unexpired r.^l_ 225,
7 portion of the maximum term of his sentence, upon such terms and igis.po, § 1.
8 conditions as it shall prescribe. If the record shows that he has violated \l\g] sto,
9 the rules of the prison, he may be given a like permit at such time after fla^^iS'. 264.
10 the expiration of the minimum term of his sentence as the board shall ^^ig,^-
11 determine. If the prisoner is held in the prison upon two or more sen-
12 tences, he shall be entitled to receive such permit when he has served a
13 term equal to the aggregate of the minimum terms of the several sen-
14 tences, and he shall be subject to all the provisions of this section until
15 the expiration of a term equal to the aggregate of the maximum terms
16 of said sentences.
1560
PAROLES.
[Chap. 127.
Permits to SECTION 134. If it appears to the governor and council that a prisoner 1
criminals. Sentenced to tlie state prison as an habitual criminal has reformed, they 2
r^^l! Ill; ^ ^' may issue to him a permit to be at liberty during the remainder of his 3
4 Op*! A. G. 228. term of sentence, upon such terms and conditions as they prescribe. 4
Permits to
certain pris-
oners in
Massachusetts
reformatory.
1884, 255, § 33.
1886, 323, § 4.
1887,375.
1888, 317.
1894, 249, 5 2.
Section 135. If it appears to the board of parole that a prisoner in
the Massachusetts reformatory, except one transferred thereto from
the state prison, or a prisoner who has been removed from the Massa-
chusetts reformatory to a jail or house of correction, has reformed, it
may grant him a permit to be at liberty during the remainder of his
term of sentence, upon such terms and conditions as it shall prescribe.
2 0p. A.G.90.
4 Op. A. G. 623.
Op. A. G. (1917) 131.
R. L. 225, § 117.
1906, 244.
1913, 829, § 1.
1916, 241, § 1.
1917, 245.
1919, 350,
148 Mass.
§§82, 85.
168.
Permits to
prisoners in
reformatory
for women.
1880. 221, § 3;
247, § 2.
1881,90, § 1.
P. S. 220, § 68;
221, § 52.
Section 136. If it appears to the board of parole that a prisoner in
the reformatory for women or a prisoner who has been removed there-
from to a jail or house of correction has reformed, it may grant her a
permit to be at liberty during the remainder of the term for which she
might be held therein.
1888, 192.
R. L. 225, §118.
1903, 209, § 5.
1911, 181.
1913, 829, 5 2.
1916, 241, § 1.
1917, 245.
1919, 350, § 85.
rt'iibMt*'fr''om Section 137. The board of parole in its discretion may grant any 1
prison camp prisoncr held at the prison camp and hospital a permit to be at liberty, 2
1904, 243, § 3. upon such terms and conditions as it shall prescribe. 3
1906.243,5 1. 1915,141:206. 1919, 350, § 85.
1913, 829, § 1. 1916, 241, § 1.
rt"ibeny'fr''om SECTION 137A. The board of parole in its discretion may grant any 1
stjjte prison prisoner removed to the state prison colony under section one hundred 2
1931, 204, § 2. and nine A a permit to be at liberty upon such terms and conditions as 3
it shall prescribe. 4
Permits to be
at liberty from
state farm, etc.
1862, 189.
1880, 221, § 3;
247, § 2.
P. S. 220, § 68.
Section 138. If it appears to the board of parole that a person at 1
the state farm or removed therefrom to a jail or house of correction has 2
reformed, it may grant him a permit to be at liberty during the remainder 3
of the period for which he might be held. 4
1898, 443. § 2.
R. L. 85, § 38; 225,
1909, 132, § 2.
1919, 199, § 2; 350, §§ 82, 85.
Power to grant
permit though
prisoner trans-
ferred.
1918, 214.
Section 139. The power to grant a permit to be at liberty to any 1
person sentenced or transferred to the state prison, the Massachusetts 2
reformatory, the reformatory for women, the prison camp and hospital 3
or the state farm, and to revoke, revise, alter or amend the same, shall 4
remain in the board of parole until the expiration of the maximum 5
term of the sentence for the service of which the person was so com- 6
mitted or transferred, notwithstanding the subsequent transfer of such 7
person to any other institution. 8
TaTn^rfsoSe'r"' SECTION 140. If it appears to the county commissioners, or, in the
to be at liberty countv of Suft'olk, to thc penal institutions commissioner of Boston, that
from jail, house .'....,,, . • i e a; J
of correc- a prisoncr in a jail or house oi correction convicted ot an onence named
I'ssi'^i.M, § 8. in section fifty-three of chapter two hundred and seventy-two or of
a 1; i78i § il: drunkenness, and sentenced for a term or for non-payment of a fine.
Chap. 127.] paroles. 1561
6 has reformed and is willing and desirous to return to an orderly course i862, iso.
7 of life, they may issue to him a permit to be at liberty during the re- isto. 221,' § 3-
8 mainder of his term of sentence. ^*^' * ^•
p. S. 220, §§ 66, 68. 1886, 101, § 4. 1909, 132, §§ 1, 2.
1884, 152, §4. R. L. 225, §§ 119, 120. 1931, 420, § 31.
18S5, 375.
1 Section 141. A probation officer may, with the consent of the Release on
2 county commissioners, or, in Sufl'olk county, of the penal institutions ]rii°,etc°"
3 commissioner of Boston, investigate the case of any person imprisoned Exception.
4 in a jail or house of correction upon a sentence of not more than six J||j' H^- ^ ^^
5 months, or upon a longer sentence of which not more than six months ^ ^- Ijq , gg
6 remain unexpired, or for failure to pay a fine, for the purpose of ascer- ^^I'^.^'Xh
7 taining the probability of his reformation if released from imprisonment. 1902', 227.
8 If after such investigation he recommends the release of the prisoner, Op.'a. g.
9 and the court which imposed the sentence, or, if the sentence was imposed op.^A. g.^'
10 by the superior court, the district attorney, certifies a concurrence in '^^^°' ^^•
11 such recommendation, the county commissioners or the penal institu-
12 tions commissioner may, if they consider it expedient, release him on
13 parole, upon such terms and conditions as they may prescribe, and may
14 require a bond for their fulfilment. The surety upon any such bond
15 may at any time take and surrender his principal, and the county com-
16 missioners or the penal institutions commissioner may at any time
17 order any prisoner released by them to return to the prison from which
18 he was released. This section shall not apply to persons held upon
19 sentences of the courts of the United States.
1 Section 142. Whenever, in the opinion of the physician of any Permits to be
2 prison or other place of confinement in which is imprisoned a woman discharge of
3 who is about to give birth to a child during the term of her imprisonment. Females"*
4 the best interests of the woman or of her unborn child require that she be ^®'*' ^^•
5 granted a permit to be at liberty or discharged, he may so certify to the
6 board or officer empowered to grant permits to be at liberty or discharges
7 from the institution in which she is imprisoned, and such board or officer
8 may, subject to such terms and conditions as appear necessary, grant the
9 permit to be at liberty or the discharge.
1 Section 143. The county commissioners, or, in Boston, the penal Sght'wafke?^
2 institutions commissioner, subject to the approval of a justice of the ^/oX^'^j"^^ °*
3 court which imposed the sentence, after six months from the time of }?^^'f%^?ig
4 sentence, may discharge a person sentenced to the house of correction, 1877, 147'.
5 upon a conviction under the provisions of section sixty-two of chapter isos, 449, § 16.
6 two hundred and seventy-two of being a common nightwalker, if they fil'l'^"'
7 are satisfied that the prisoner has reformed.
1918, 257, § 402. 1920, 2. Op. A. G. (1919) 126.
1919, 5. 1931, 426, § 32. Op. A. G. (1920) 39.
1 Section 144. A prisoner confined in a prison or place of confinement Discharge of
fl n n 1 1111* I'j. c prisoner com-
2 for non-payment ot a fane or a fane and expenses shall be given a credit or mitted for
3 fifty cents on such fine or fine and expenses for each day during which Sf fine.
4 he shall be so confined, and shall be discharged at such time as the said ef*|; i'|6, § 7.
5 credits, or such credits as have been given and money paid in addition f?|^222', § is.
6 thereto, shall equal the amount of the fine or the fine and expenses; and Jsm. 226.
7 in such case no further action shall be taken to enforce payment of said 6^1^24.^
8 fine or fine and expenses.
272 Mass. 113.
1562
PAROLES.
[Chap. 127.
Discharge of
poor prisoners.
1821, 109.
R. S. 87, § 16.
G. S. 180, § 8.
1866, 284.
P. S. 222, § 16.
R.L.225, §125.
Section 145. Justices of district courts and trial justices may dis- 1
charge from jail persons confined for the non-payment of fine, or of fine 2
and expenses not exceeding ten dollars, if they are of opinion that such 3
persons are not able to pay the same or that it is otherwise expedient; 4
but no fees shall be allowed to any person for such service. 5
Same subject.
1799, 7.
1802, 1.
1805, 69.
1833, 9.
R. S. 145, §3.
1850, 185,
§U, 2.
G. S. 180,
9, 10.
P. S. 222,
n 17-19.
1882, 201.
R. L. 225,
§ 126.
8 Grav, 395.
272 Mass. 113.
§16,
Section 146. If a poor prisoner has been confined in a jail or house 1
of correction for three months for fine or fine and expenses only, the 2
jailer, master or keeper shall make a report thereof, in Suff'olk county 3
to the municipal court of the city of Boston, and in other counties to a 4
district court. The court shall inquire into the truth of the report, and 5
may require the jailer or keeper to bring the prisoner into court. If the 6
court finds that the report is true, and that the prisoner since his con- 7
viction has not had any property, real or personal, with which he could 8
have paid the amount for which he was committed, and that he is held 9
for no other cause, the court shall order the sheriff, master or keeper to 10
discharge the prisoner. A person under guardianship may have the 11
benefit of this section, although it appears that he has property held 12
under guardianship, if it also appears that such property is beyond his 13
actual control; and if he is discharged the commonwealth may, in an 14
action of tort brought within one year after the discharge, recover from 15
his guardian, if he has assets, the amount of fine or fine and expenses 16
remaining unpaid. 17
Acts rendering
permit void.
1884, 152,
§§ 1, 4; 255,
5 33.
Section 147. The violation by the holder of a permit to be at liberty 1
of any of the terms or conditions of his permit or the violation of any law 2
of the commonwealth shall render his permit void. 3
1887, 435, § 2.
1894. 440, § 1.
1895, 252; 504,
1897, 206.
1898, 240:371.
R. L. 225, § 127.
238 Mass. 532.
Revocation
of permit.
1880, 218,
221, §3;
247, § 2.
Section 14S. The board or officer granting to a prisoner a permit to 1
5 1' be at liberty may revoke it at any time previous to its expiration. 2
1881,90, § 1.
1894, 258;
440, § 1.
1908, 251, § 1.
P. S. 220, §68;
1895, 252;
504, § 2.
1915, 141.
221, § .52; 222,
§20.
1897, 206.
1919, 199, § 2.
1884, 152, § 4;
255, § 33.
1898. 371.
148 Mass. 168.
1886, 323, § 4.
R. L. 225,
§ 128.
238 Mass. 532.
1887, 435, § 2.
1903. 209,
§5.
1 Op. A. G. 487.
Arrest for
violation of
permit.
ISSO, 129,
§§7, 10; 218,
§2; 221, §4.
1881, 90, § 2.
P. S. 220, § 70;
221, §53; 222,
§21.
1884, 152,
§§2,4; 255,
§34.
1886, 323, § 4.
1887, 292, § 2;
435, § 3.
1888, 192.
1894, 440, § 2.
1895. 504, § 3.
1897, 272.
R. L. 85, § 39;
225, § 129.
1903, 452.
1904, 216.
1911,451, § 2.
1913, 829,
5§ 1-3.
1915, 141:206.
1916, 241, § 1.
Section 149. The board of parole, the county commissioners or, in 1
Suffolk county, the penal institutions commissioner of Boston, if a 2
permit to be at liberty granted or issued by them, respectively, has be-
come void or has been revoked, or if a prisoner on parole under section
one hundred and forty-one has been ordered to return to the prison from
which he was released, may order the arrest of the holder of such permit
or of such prisoner on parole by any officer qualified to serve civil or
criminal process in any county, and the return of such holder or of such
prisoner on parole to the prison from which he was released. The gov-
ernor, if a permit to be at liberty issued to an habitual criminal under 10
section one hundred and thirty-four has become void or has been re- 11
voked, shall issue his warrant authorizing the arrest of the holder thereof 12
by any officer qualified to serve criminal process, and his return to state 13
prison. A prisoner who has been so returned to his place of confintment 14
shall be detained therein according to the terms of his original sentence. 15
In computing the period of his confinement, the time between his re- 16
Chap. 127.] pardons. 1563
17 lease upon a permit or on parole and his return to prison shall not be loig, 199. § 2-,
18 considered as any part of the term of his original sentence. If at the imo.^oo^'j 2''
19 time of the order to return to prison or of the revocation of his permit HI HlH' Hf
20 he is confined in any prison, service of such order shall not be made until ^.^p- ^- '^■
21 his release therefrom.
1 Section 150. A prisoner whose term expires on Sunday shall be dis- Discharge u
,-. . 1 .1 T J term cnda on
2 charged on the precedmg day. Sunday.
1864, 194, § 1. P. S. 222, §24. R. L. 225, § 130. 4 Op. A. G. 224.
1 Section 151. A prisoner who, at the expiration of his sentence, is in Disabled
2 such condition from bodily infirmity or disease as to render his removal bc'ca"ed for
3 impracticable shall be suitably cared for in the prison or other place of "ipiration of"^
4 confinement until he is in a condition to be removed. The expense of fxpensl;
5 his support, not exceeding three dollars and fifty cents a week, shall be JgggPg^^-
6 paid by the town where he has a legal settlement, after notice to the ftfi^Jj^^
7 board of public welfare thereof, or, if he has no legal settlement, to the i864, i69.
8 department of public welfare, of the expiration of his sentence and of his p. s.'222,'§25.
9 condition.
R. L. 225, § 131. 1906, 243, § 2. 1919, 350, 5 S7. 1928, 155, § 56.
PARDONS.
1 Section 152. In a case in which the governor is authorized by the Pardons by
2 constitution to grant a pardon, he may, with the advice and consent of Annual list
3 the council, and upon the petition of the prisoner, grant it, subject to such coun"*™
4 conditions, restrictions and limitations as he considers proper, and he may ^^i h'Ji. s.
5 issue his warrant to all proper officers to carry such pardon into effect. an°T22^'''"
6 Such warrant shall be obeyed and executed, instead of the sentence origi- iso|. i|7. ^^
7 nally awarded. The governor shall annually transmit to the general iseo. Res', so.^
8 court a list of the pardons granted by him with the advice and consent p.s.2i8,'§i2"'
9 of the council during the preceding year.
R. L. 225, § 132. 1 Op. A. G. 199. 4 Op. A. G. 224.
135 Mass. 48. 3 Op. A. G. 5.
1 Section 153. In all cases of petitions for pardons referred to the Attorney
2 executive council by the governor, where the petitioner is serving a to be notified
3 sentence in the state prison, the executive secretary shall notify the paJdon'o"
4 attorney general, and also the district attorney who prosecuted the case, stTte^prlson.
5 and they or their representatives may be present at the hearing on the ^^^^' ^*®-
6 petition by the pardon committee of the executive council, examine
7 the petitioner's witnesses, and present to the pardon committee full
8 information as to the case of the commonwealth against the petitioner
9 on which he stands convicted of the crime for which he is serving sentence.
1 Section 154. The board of parole, acting as the advisory board of Jf "aroielac'ttng
2 pardons, shall consider carefully and thoroughly the merits of all petitions aa advisory
3 for pardon or commutation of sentence referred to it bv the governor, pardons.
. . . . . ' . . 1913 829 § 6
4 and it shall make to him, without publicity, a written report containing 1917! 266!
5 its conclusions and recommendations. No such report shall be made *'
6 without the concurrence of a majority of its members. Before consider-
7 ing any petition for pardon or commutation of sentence, if the conviction
8 of the prisoner was had in the superior court, the advisory board of par-
9 dons shall notify the district attorney, who shall report the facts of the
10 case as they appeared at the trial, or, if the conviction was upon a plea
1564
PAHDONS.
[Chap. 127.
of guilty, the facts as he understands them, the names of all witnesses 11
in the case, and his recommendation. If the petitioner is serving a 12
sentence in the state prison the attorney general shall also be notified. 1.3
If the conviction was in a district court the justice thereof shall make to 14
said board a similar report and recommendation. The attorney general, 15
district attorney or justice, as the case may be, shall be notified of the 1&
hearing upon the petition for pardon, and they or their representatives 17
may be present at the hearing, examine the petitioner's witnesses, and 18
be heard. The said board shall not review the proceedings of the trial 19
court, and shall not consider any questions regarding the correctness, 20
regularity or legality of such proceedings, but shall confine itself solely to 21
matters which properly bear upon the propriety of the extension of clem- 22
ency to the petitioner. Said board from time to time may make rules 23
relative to the calling of meetings and to the proceedings thereat. The 24
board or any member of it may summon witnesses and administer oaths 25
or affirmations. The fees of witnesses before the board shall be the same 26
as for witnesses before the superior court, and shall be paid from the 27
appropriation for the expenses of the board of parole. 28
Re-arrest of SECTION 155. If a pHsoncr who has been pardoned upon conditions
pariionea ii> iii* -i 1)'* i
prisoner. to DC obscrvcd and performed by him violates such conditions, the
G. s.' 177! § 14. warden, superintendent or keeper, respectively, of the institution in
p. s.'2i8,'§ 13. which the prisoner was confined shall forthwith cause him to be arrested
f 133.^^^' and detained until the case can be examined by the governor and council ;
and the oflScer who makes the arrest shall forthwith give written notice
thereof to the governor and council.
1
2
3
4
5
6
7
Confinement
of such person
for unexpired
term of
sentence.
1837, 181, § 3.
G. S. 177. § IG,
1867, 301, § 2.
1881, 164.
P. S. 218, §14.
1882, 197.
R. L. 225,
§ 134.
Ill Mass. 443,
135 Mass. 48.
Section 156. The governor and council shall, upon receiving such 1
notice, examine the case of such prisoner; and if it appears by his own 2
admission or by evidence that he has violated the condition of his pardon, 3
the governor, with the advice and consent of the council, shall order him 4
to be remanded and confined for the unexpired term of his sentence, 5
said confinement, if the prisoner is under any other sentence of imprison- 6-
ment at the time of said order, to begin upon the ex-piration of such 7
sentence. In computing the period of his confinement, the time between 8
the conditional pardon and subsequent arrest shall not be taken to be 9
part of the term of his sentence. If it appears to the governor and council 10
that he has not broken the -conditions of his conditional pardon, he shall 11
be discharged. 12
Section 157. If a prisoner is pardoned or his punishment is com- 1
muted, the officer to whom the warrant for such purpose is issued shall, 2
as soon as may be after executing it, make return thereof, signed by him, 3
with his doings thereon, to the secretary's office, and shall file in the office 4
1 Op^A. G. 516. of the clerk of the court in which the offender was convicted an attested 5
copy of the warrant and return, and the clerk shall subjoin a brief abstract 6
thereof to the record of the conviction and sentence. 7
Execution of
warrant of
pardon, etc.
R. S. 142, § 13.
G. S. 177, §17.
P. S. 218, §15.
R. L. 225,
§ 135.
Section 158. The male agents employed to aid discharged male
Duties of
agents to aid . ,111 j 1 , |. • 11
discharged prisoners shall endeavor to secure emplovment tor prisoners who have
male prisoners, f^ .,.1 i- 1 1 1 1 " v x' ^\ 4. 4. ■
184.'-), 176, § 1. been permanentiv dis(liari,'t<l or released on permit trom the state prison,
G. s' 179, § i>4. the Massachusetts reformatory, the state farm or the prison camp and
K s!'2l9l'§^2o^' hospital, provide said prisoners with needed assistance, and perform such
1
2
3
4
5
Chap. 127.] pardons. 1565
6 other duties relative to discharged or released prisoners as the com- iss?, 31.5, 5 1.
7 missioner requires. They shall also obtain information for the commi.s- isori,' .-sis!
8 sioner relative to prisoners committed to institutions under his super- r ^l'. 225', ^ ^'
9 vision, especially as to the details of their offences and their previous i903"2i2.
10 character and history. They may for that purpose require of the police j-jOj*' 295. ^ ^
11 authorities any facts in their possession relative to such prisoners if the j^ji'i™'
12 communication thereof will not, in the opinion of said authorities, be liugisso,'
13 detrimental to the public interest.
1920, 334.
1 Section 159. The women agents employed for the purpose shall ^emsToaid
2 counsel and advise female prisoners discharged from prisons in the com- {'J^^f/^^fg.
.3 monwealth, or released on permit from the reformatory for women, ^gl'^^j^g
4 assist them in obtaming employment, and, under the direction of the p.s.'2i9,|27.
5 commissioner, render them pecuniary aid.
R L. 225, § 137. 1909, 295. 1919, 350, §§ 82, 83.
1905, 235. 1916, 241, 5 1- 1920, 334.
1 Section 160. The commissioner may expend such sum as may be Expenditures
2 annually appropriated for the assistance of prisoners released from the disc'ha'flfed
3 state prison, the Massachusetts reformatory, the reformatory for women, o'Tira, § 66.
4 the state farm, the prison camp and hospital, or from any institution Jlegiil;,
5 to which they were removed therefrom.
1871,302, §1. 1888, 322, § 1; 417. 1909,295.
1879, 294, § 27. 1897, 350. 1916, 241, I 1.
1881, 179, § 1. R. L. 225, §§ 136, 137. 1919, 350, §§ 82, S3.
P S. 219, §§ 26, 27. 1903, 212. 1920. 334.
1884, 255, § 35. 1904, 243, § 4. 1924, 299.
1887, 5 395. 1905, 235.
1 Section 161. The commissioner shall cause an account to be kept ^j^'^j-*"/^,
2 of the money expended by the agents for the necessary expenses of the ty such
3 service required by sections one hundred and fifty-eight and one hun- 1845, i76, § 2.
4 dred and fifty-nine, for correspondence and travel in procuring employ- 1852; 213, § 2.
5 ment for and furnishing clothing, board and tools to discharged prisoners ^379; 294, | 2!;
6 and for conveying them to their homes or places of employment, which, r L.^225,^ ^*'
7 upon approval by the comptroller, shall be paid at the end of each month. 5 138.
1916, 241, § 1. 1919. 350, §§ 82, 83. 1923, 362, §85,
1 Section 1G2. The warden of the state prison may pay from the warden may
n , . 1 111 ■ I • pay over to
2 treasury of the prison not more than ten dollars to any prisoner leaving such agent
3 the prison who, in the opinion of the warden, by his good conduct deserves ™ed"to t," paid
4 it, or he may, in his discretion, pay it to the agents appointed under 'i82'7.TiT§.i-3.
5 section one hundred and fifty-eight, who shall expend for the benefit fgjg/AI'.^^^-
6 of such prisoners what they thus receive, and shall account therefor to J,f'|;f)|; H^.
7 the commissioner. A prisoner who leaves the state prison shall be pro- }|5^5294 §29
8 vided with decent clothing.
p. S. 219, § 29; R. L. 225, § 139. 1919, 350, §§ 82, 83.
221, § 42. 1916, 241, § 1. 1928, 132.
1 Section 163. The agents for aiding discharged prisoners shall annu- a°°J'^»J ^^p°f/
2 ally, on or before December fifteenth, make full and detailed statements i8l6,''78'!*"'
3 to the commissioner of their doings for the year ending on November Itls.te.
4 thirtieth, which shall be included by the commissioner in his annual fg^l; '294; 1 30!
5 report.
p. S. 219, §30. 1916. 241. §1. 1919, 5; 350, §§ 82, 83.
R. L. 225, § 140. 1918, 237, § 476. 1920, 2.
1566 PARDONS. [Chap. 127.
rammlssiXrs. SECTION 164. The county commissioners may provide a prisoner re- 1
p**s''4o''§\i' leased from prison with such amount of money as in their opinion can 2
R. L. 225, be wisely used to encourage his reformation, or they may pay it to a 3
suitable person designated by them to be used for such prisoner. 4
oftaihitc^"" Section 165. The master or keeper of a jail or house of correction 1
p*s''22o%64. niay, with the approval of the county commissioners, expend such 2
^■j|i;225, amount, not exceeding ten dollars, in aiding a prisoner discharged from 3
1 Op. A. G. 281. his custody as in his opinion will assist such prisoner in his endeavor to 4
reform. He may in his discretion pay it to the prisoner, or to some 5
person selected by the master or keeper, to be expended by him in behalf 6
of the prisoner or for providing the prisoner with board, clothing, trans- 7
portation or tools. The amount so paid by a master or keeper shall be 8
allowed and paid by the county like other prison expenses. 9
Chap. 128.J
AGRICULTURE.
1567
TITLE XIX.
AGRICULTURE AND CONSERVATION.
Chapter 128. Agriculture.
Chapter 129. Animal Industry.
Chapter 130. Powers and Duties of the Division of Fisheries and Game.
Fisheries.
Chapter 131. Powers and Duties of the Division of Fisheries and Game.
Game and Inland Fisheries.
Chapter 132. Forestry.
Chapter 132A. State Parks and Reservations Outside of the Metropolitan
Parks District.
CHAPTER 128
AGRICULTURE.
Sect.
definitions.
1. Definition.s.
department and COMMISSIONEn.
2. Certain powers and duties defined.
3. May collect and publish information
on available lands.
4. Trust funds.
5. Annual report. Publication.
6. Lectures and publications.
7. Preparation and distribution of
posters containing extracts from
certain laws.
8. Enforcement of provisions relative to
packing, etc., of apples, etc.
demonstration sheep farms.
9. Establishment of demonstration
sheep farms.
10. Conduct of farms.
11. Compensation from the common-
wealth.
DIVISION OF dairying .\ND ANIMAL HTS-
BANDRY.
12. Duties of division of dairj-ing and
animal husbandry.
13. Division to report unsanitary condi-
tion,
Sect.
14.
15.
DUTIES, ETC., OF EMPLOYEES.
Department to have access to certain
places. Penalty for hindering, etc.
Certain duties of employees.
DIRECTOR OF THE DIVISION OF PLANT PEST
CONTROL.
16.
17.
IS.
19.
20.
21.
23.
24.
25.
26.
27.
28.
29.
May enter public or private grounds,
when.
Inspection of nurseries. Certificates.
Nursery agents to be licensed.
Sale, etc., of nursery stock regulated.
Transportation of nurserj' stock, etc.
Director may inspect all stock and
fruits coming into commonwealth.
Destruction, etc., regulated.
Protection against white pine blister
rust.
Compensation provided for damages
incident to checking spread of white
pine blister rust.
Inspection of orchards, etc. Pro-
cedure if infested.
Appeal from proposed action under
§§ 10-31.
Proceedings after appeal.
Powers of director.
Gypsy and brown tail moth control
exempted.
Penalty.
1568
AGRICULTURE.
[Chap. 128.
Sect.
30. Prosecutions.
31. European corn borer, etc. Penalty.
31A. Same subject. Disposition of corn
stubble, etc. Penalty.
INSPECTOR OF APIAEIES.
32. Duties of inspector.
33. Keeping of infected bees prohibited.
34. Quarantine and treatment of infected
bees.
35. Regulations concerning shipping or
transportation of bees, etc.
36. Access by inspector and assistants to
apiaries, etc.
37. Record to be kept, etc.
38. Penalty.
DIRECTOR OF THE DIVISION OF ORNITHOLOGY.
39. Director of the division of ornithol-
ogy, duties, etc. Special observers.
Sect.
trustees for county aid to agricui^
TURE.
40. Trustees for county aid to agriculture.
Audit of accounts. Report.
41. Directors, how chosen.
42. Trustees, expenditures, duties.
43. Trustees, appointment of instructors.
44. Trustees to prepare budget.
45. Towns may take land.
AGRICULTURAL AND HORTICULTURAL SO-
CIETIES, ETC.
Agricultural, etc., societies, assign-
ment of police at exhibitions, etc.
Farmers' clubs to receive publica-
tions, etc. Annual returns.
Rules, etc., for preservation of peace,
etc. Posting.
Booths, etc., gaming, etc., prohibited.
Penalty.
46.
47.
48,
49.
50.
Definitions.
1918, 273, § 1.
1919.34, § 1;
3.50, H 34,
35, 37.
DEFINITIONS.
Section 1. The following words as used in this chapter shall have 1
the following meanings unless the context otherwise requires: "Com- 2
missioner", the commissioner of agriculture. "Department", the de- 3
partment of agriculture. "Director", in sections si.xteen to thirty-one, 4
inclusive, the director of the division of plant pest control. " Inspector ", 5
in sections thirty-two to thirty-eight, inclusive, the inspector of apiaries. 6
"Trustees", the trustees for county aid to agriculture. 7
DEPARTMENT AND COMMISSIONER.
Certain powers
and duties
defined.
1852
142,
§3.
G. S.
16, § 5.
P. S.
20. § 6.
1891
412,
§ 11
R. L
89,
§§0,
11.
1909
428.
1910
427.
1912
411.
1913
319;
590.
1914
267;
298.
1917
74.
§2;
85.
1918
241.
1919
350,
§§34
,38.
1921
206.
lOp
A.G
.382
2 Op
A.G
.118
The department through its proper divisions shall have
1
2
3
4
5
6
7
8
9
10
Section 2
power to —
(a) Execute and carry into effect the laws relative to dairy products,
animal breeding, apple grading, plant pest control except the g.vpsy
and brown tail moth, ornithology, apiary inspection, and the produc-
tion, storage, marketing and distribution of agricultural products.
(b) Aid in the promotion and development of the agricultural re-
sources of the commonwealth and the improvement of conditions of rural
life, the settlement of farms and the distribution of the supply of farm
labor.
(c) Investigate the cost of production and marketing in all its phases, 11
and the sources of supply, of agricultural products, and the production, 12
transportation, storage, marketing and distribution of agricultural prod- 13
ucts sold, offered for sale, stored or held within the commonwealth. 14
(d) Collect and disseminate data and statistics as to the food pro- 15
duced, stored or held within the commonwealth, with the quantities 16
available from time to time and the location thereof. 17
(r) Investigate and aid improved methods of co-operative produc- 18
tion, marketing and distribution of agricultural products within the 19
commonwealth. 20
(/) Offer prizes for and conduct exhibits of flowers, fruit, vegetables, 21
grasses, grains or other farm crops, dairy products, honey, horses, cattle, 22
ClL\P. 128.] AGRICULTURE. 1569
23 sheep, swine, poultry, poultry products, rabbits, hares, farm operations,
24 and canned and dried fruits and vegetables.
25 It may also publish annually a leaflet relative to trees and birds, which
26 shall be approved by the commissioner of education, and may distribute
27 the same to the superintendents and teachers of rural and suburban
28 public schools prior to Arbor and Bird Day.
1 Section .3. The department may collect all necessary information Maycoiient
2 in regard to the opportunities for developing agricultural resources rn"formatiol'i on
3 through the reoccupancy of idle or partly improved farms and farm fan^d's"'''*'
4 land, and may cause the facts so obtained, and a statement of the ad- }|°^' |i^. 5 1^
5 vantages offered, to be circulated where and how it deems for the best
6 interest of the commonwealth.
1 Section 4. The department may take and hold in trust gifts or Trust funds.
2 bequests to it for promoting agricultural education or the general in- g.^I.' i6,^§ V^
3 terests of husbandry.
p. S. 20, § 6. E. L. 89, 5 6. 1918, 268, § 1. 1919, 350, § 34.
1 Section .5. The department shall make an annual report, including Annual report.
2 the number of agents, assistants, experts and chemists employed in the i852!T42?'§' 4.
3 division of dairying and animal husbandry with their expenses and dis- p.' 1. 20,' 1 1'
4 bursements, of all investigations made by the division, of all cases prose- Ij^'^i^o'^'
5 cuted with the results thereof and other information advantageous to j|^j' ^i*-
6 the dairv industry. There shall be included the report of the inspector R l 9, § 7;
_ J. . .- •' ' *^ 89, §§ 8. 12.
7 01 apiaries. 1908, 416, § 1.
8 Such parts of the report as the commissioner deems best adapted to 1911:220! is.
9 promote the interests of agriculture may be published separately, for iglliiesili:
10 general distribution.
1919, 350, §§ 8, 34, 35, 37.
1 Section 6. The commissioner may arrange for lectures before the Lectures and
2 department, and may issue for general distribution such publications as iseg.^e.T'i.
3 he considers best adapted to promote the interests of agriculture. fgg^ gg' ^ *■
R. L. 89, § 4. 1915, 250. 1917, 286.
1911, 186. 1916, 46, § 2. 1919, 350, |§ 34, 35.
1 Section 7. The commissioner shall cause to be printed on durable preparation
2 material, suitable to be affixed to trees or otherwise to be posted in the ?k)n ofTost"rs
3 open air, copies of such extracts from sections one hundred and five, ext'ra^c"s"ffom
4 one hundred and thirteen, one hundred and fifteen, one hundred and 5lo4''4J4"'^-
5 seventeen, one hundred and twentv-two and one hundred and thirtv- §§2,'3.
. ' 1914 239,
6 one of chapter two hundred and sixty-six as in his opinion will tend i9i5! no'.
7 to prevent depredations on farm and forest lands, and shall furnish a 1920! 202- 231.'
8 reasonable number of such copies to any owner or tenant of land, upon
9 application, at a price not less tlian the cost tliereof.
1 Section 8. The commissioner may enforce sections one hundred to Enforcement of
2 one hundred and seven, inclusive, one hundred and nine, one hundred atT™topVck-
3 and twelve and one hundred and seventeen C of chapter ninety-four, appi^.'^et?!
4 and prosecute all violations thereof.
1918, 169, § 3. 1919, 350, § 35. 1922, 438, § 2.
1570
AGRICULTURE.
[Chap. 128.
Establishment
of demonstra-
tion sheep
farms.
1919. 256, § 1;
350, §§34,35.
DEMONSTRATION SHEEP FARMS.
Section 9. The department may establish demonstration sheep
farms in such places as may be selected by the commissioner. Such a
farm may be established in co-operation with the owner of any farm
who is desirous of conducting it in conformity with this and the two
following sections.
Conduct of
farms.
1919, 256. § 2;
350, §§ 35, 39.
Section 10. Each person conducting a demonstration sheep farm 1
shall maintain under the supervision of and in accordance with such 2
rules and regulations as may be prescribed by the commissioner, a 3
flock of not less than twenty sheep and under his direction may from 4
time to time purchase and sell such sheep as may be considered es- 5
sential to the proper development of the industry in the locality of 6
such farm, the sheep so purchased or sold to be passed upon by the 7
division of animal industry of the department of conservation as to 8
their condition and freedom from disease. 9
SmltHf"''™ Section 11. The owner of every such farm shall receive a reason- 1
^ommon^eaith. able Compensation from the commonwealth for the use of the farm as 2
such demonstration sheep farm, for the labor and expense involved in 3
carrying out this and the two preceding sections, and for any loss in- 4
volved in the purchase or sale of sheep made in accordance with the 5
preceding section. 6
DIVISION OF DAIRYING AND ANIMAL HUSBANDRY.
Section 12. The division of dairying and animal husbandry, under 1
the general direction of the commissioner, shall inquire into the methods 2
of making butter and cheese in creameries or cheese factories, investi- 3
gate all dairy products and imitation dairy products bought or sold, 4
enforce the laws for the manufacture, transfer and sale of such prod- 5
ucts, and take such action as will tend to produce a better quality 6
thereof and to improve the dairy industry. It may co-operate with 7
the department of public health and with inspectors of milk, but it 8
shall not interfere with the duties of such department or officers. 9
Division to Section 13. The division shall report to the director of animal 1
report un- ^ , , . .
sanitary con- industry cach case brought to its attention where anv barn, stable or 2
dition. , ' , , , ,
1911,381. §2. other enclosure, where neat cattle, other ruminants
1919,350, ■ e 1 • -j. j-j.-
§§37,39. is found in an unsanitary condition.
or swine are kept, 3
4
Department
to have access
to certain
places.
Penalt.V for
hinderinK, etc.
1891, 412,
§§9, 12.
1S94, 280, § 5.
R. L. 89, § 13.
1912, 008,
§§ 1,2, 4.
1919, 3.50,
§§ 34, 44. 96.
1924, 94, § 1.
DUTIES, etc., of employees.
Section 14. The department and its employees shall have access to 1
each place or vehicle used in the manufacture, storage, transportation 2
or sale of dairy products or imitations thereof, and to each vessel and 3
can used in such nuinufacture, storage, transportation and sale, and 4
shall have the authority given to the department of public health or 5
its officers, or to inspectors of milk, to enforce and prosecute violations 6
of all laws relating to dairy products or imitations thereof. Whoever 7
hinders, obstructs, or in aii\- way interferes with an officer or duly author- 8
ized agent of the department in the performance of his duty shall be 9
Chap. 128.] agriculture. 1571
10 punished for a first offence by a fine of one hundred dollars and for a
11 subsequent offence by a fine of two hundred dollars, to the use of the
12 commonwealth.
1 Section 15. Employees of the department shall visit towns to Certain duties
2 inquire into the methods and needs of practical husbandry, ascertain i8l"203',^ri.
3 the adaptation of agricultural products to soil, climate and markets, p. | 20,' 1 16.
4 encourage the establishment of farmers' clubs, agricultural libraries Jgis 5bV^'
5 and reading rooms, disseminate useful information in agriculture by fl „•{,„'
6 lectures or otherwise, and annually in October make detailed reports
7 to the commissioner.
DIRECTOR OF THE DIVISION OF PLANT PEST CONTROL.
1 Section 16. The director of the division of plant pest control, and May enter
.-> 1 • • i i ill- 11- • . pubUo or pri-
1 his assistants, may at all times enter any public or private grounds in vate grounds,
3 the performance of any duty required by sections seventeen to thirty- r9o'2! 495, § 6.
4 one, inclusive.
1909, 444. §§ 15, 17. 1912, 507, §§ 14. 16. 1919, 350, § 37.
(Penalty, § 29,)
1 Section 17. The said director, either personally or through his as- inspection of
2 sistants, shall inspect at least once each year each nursery or place certlKes.
3 where nursery stock is grown, and if no dangerous insects or fungous §§°2.'6.^^'
4 pests are found therein, he shall give a certificate to that effect. If Is", "^iy
5 such pests are found therein the owner of the stock shall take such i^'^', soV,
6 measures to suppress the same as the director shall prescribe, and no laia. 350,
7 certificate shall be given until he has satisfied himself by a subsequent ^
8 inspection that all such pests have been suppressed. He shall deter-
9 mine the season for inspecting nurseries and the form of certificates
10 to be given but in no case shall he issue a certificate to continue in force
11 after July first next following the date of inspection.
1 Section 18. Each agent or other person, except a grower, who sells Nursery agents
2 nursery stock shall make application to the director for an agent's li- i909;44™t3'.
3 cense, and shall file with him the names and addresses of all persons H'l.'fe.^'
4 or nurseries from which he purchases his stock. On receipt of such j^Jg^gg^'-
5 application, the director shall issue an agent's license, valid for one §5 1,'4.
6 year, in such form and with such provisions as the department pre- §'§34, 35,' 37.
7 scribes. The license may be revoked at any time for failure to report (Penalty, § 29.1
8 the names and addresses of persons or nurseries from which stock is
9 piu-chased, or for such other cause as may be deemed sufficient by the
10 director and the commissioner. Each person except a grower who sells,
11 or who takes or solicits orders for, nursery stock shall be regarded as a
12 nursery agent for the purposes of sections eighteen to thirty-one, inclusive.
1 Section 19. No person shall sell, exchange, give, deliver or ship saie. etc., of
2 within the commonwealth any tree, shrub or plant commonly known as ?e"gufat^e"°°''
3 nur.sery stock unless such person holds a grower's certificate under 5 5"!; 4.'*'
4 section seventeen or an agent's license undtr the preceding section, and ^^l-\^^'
5 unless a copy of such certificate or license, or such other evidence as the l^'|'f°^'
6 department prescribes, shall accompany each car, box, bundle or pack- ioig, 350, § 34.
7 age sold, exchanged, given, delivered or shipped, and unless such certifi- IPcnaity, 529.!
8 cate or license is dated within twelve months of the date of such delivery
9 or shipment; but this section shall not prohibit the selling, giving or
1572
AGRICULTURE.
[Chap. 128.
exchanging of trees, plants or shrubs by any person who is not a grower 10
of, dealer in, or agent for nursery stock. H
Sectiox 20. No nursery stock shall be brought into the common-
Transportation .^ ^^^ ilt»10.-x> .juvy^.K .-■•. "- o
ttocVetl wealth unless it bears an unexpired certificate of inspection. Each per-
1907: 32i: § 2. son bringing into the commonwealth, or receiving for transportation
sfe.'n*' to a point within the commonwealth from outside thereof, any car, box,
n'l'fe^' bundle, package or consignment in any form, of living trees, shrubs or
1919', 331; 350, plants comuionly known as nursery stock, shall immediately notify the
IPenaity, §29] director of the fact that such consignment has been received by him and
give the name and address of the consignee, together with such further
report as may be lawfully required by the director.
Director may
inspect all
stock and
fruits coming
into common-
wealth. De-
struction, etc.,
regulated.
1909, 444, § 7.
1912, 507,
l§6. 16.
1915, 161,
§§1,2.
1916.91. §5.
1919, 350,
§§35, 37.
[Penalty, § 29.;
Section 21. The director, either personally or through his assist-
ants, may inspect at its point of destination all nursery stock coming
into the commonwealth, and if such stock is found to be infested with
injurious insects or plant disease he may cause it to be destroyed, treated
or returned to the consignor at the consignor's expense. He may, either
personally or through his assistants, inspect all fruits brought into the
commonwealth from outside thereof which were grown on plants, shrubs
or trees of any kind which also grow out of doors in this commonwealth,
and, if such fruits are found to be infested with injurious insects or plant
disease likely to become established herein, he may cause such fruits
to be destroyed, treated or returned to the consignor at the consignor's 11
19
expense. _ _ ^"^
Each person, except a common carrier, who receives, brings or causes 13
to be brought into this commonwealth any such fruits from such states, 14
provinces or countries as may be designated by the commissioner, shall 15
immediately after the arrival of such fruits notify the director of such 16
arrival, and hold the same until they ha^e been duly inspected. 17
1
2
3
4
5
6
7
8
9
10
Protection
against white
pine blister
rust.
1917, 263, § 2.
1919, 350, § 37,
1925, 68. § 1.
1929, 91, § 1.
[Penalty, § 29.)
Section 22. If the director, either i)ersonally or through his assist-
ants, finds ribes, that is, any variety of currants or gooseberries, whether
wild or cultivated, or five leafed pines, which are either infected with
white pine blister rust, or so situated that in his opinion they are likely
to become so infected, he or his assistants may destroy or cause to be
destroyed such ribes or five leafed pines. In carrying out his duties
under this section the director shall as far as practicable co-operate with
the state forester, local tree wardens, moth superintendents, city for-
esters and forest wardens.
Compensation
provi<led for
damages inci-
dent to check-
ing spread of
white pine
blister rust.
1918, 215, § 1.
1919, 350,
§§35,37.
1923, 362, § 86.
[Penalty, § 29.)
Section 23. The owner of any cultivated berry-bearing shrubbery
destroyed by the director or his assistants under the two preceding sec-
tions shall recei\'e compensation therefor from the commonwealth, pro-
vided that he has given written notice thereof to the director within
thirty days after the accrual of his claim to compensation. The director
or an assistant shall thereupon investigate the same, and if the director
does not agree with the claimant as to the validity of his claim or as to
the amount thereof, the question at issue shall be determined by three
arbitrators who shall be the commissioner, the state forester, and an
assistant attorney general to be designated by the attorney general.
Any award of damages made by said arbitrators, together with the cost 11
of the appraisal, shall be certified to the comptroller, and shall thereupon 12
be paid by the commonwealth in the same manner as other claims. 13
1
2
3
4
5
6
7
8
9
10
Chap. 128.] agriculture. 1573
1 Section 24. The director, either personally or through his assist- inspection of
2 ants, may inspect any orchard, field, garden, roadside or other place ivoc-cdure if '
3 where trees, shrubs or other plants exist, whether on public or private 1907.321, §4.
4 property, which he may know or have reason to suspect is infested with jj^g ; f^^•
5 the San Jose scale or any serious insect pests or plant disease, when in |5'7"'u?^'
6 his judgment such pests or disease are likely to cause loss to adjoining }^J!;' ^Ji ^^^j-
7 owTiers, and may serve upon the owner, occupant or person in charge of 350, §§ 35, 37!
8 trees, shrubs or other plants thus infested, written notice of the presence [Penalty, §29.1
9 of such pests or plant disease, with a statement that they constitute
10 a public nuisance, together with directions to abate the same, giving the
11 methods of treatment for the abatement thereof, and stating a time
12 within which the nuisance must be abated in accordance with the methods
13 given therein. If the person so notified refuses or neglects so to treat or
14 destroy such trees, shrubs or other plants within the time prescribed,
15 the director may cause such property to be so treated or destroyed,
16 and may employ all necessary assistants for this purpose, who may enter
17 upon any public or private property, if such entry is necessary for this
18 purpose. Upon the completion of said treatment the director shall cer-
19 tify in writing to the owner or person in charge of the treated property
20 the amount of the cost of such treatment, and if this be not paid to the
21 commissioner within ninety days thereafter, the same may be recovered
22 by suit, together with the cost of the suit.
1 Section 25. In case of objection to the proposed action of the di- ^^opofed a"
2 rector or his assistants in executing any provision of sections sixteen to |'^?"g"_"3''i"
3 thirty-one, inclusive, an appeal in writing may be taken within ten days }^07, 321, §4.
4 to the commissioner, and the appeal shall operate as a stay of proceedings §§ 9,17 '
5 until it has been heard and decided by the commissioner, whose decision §§8,'i6. '
6 shall be final.
1918, 268, §§ 1, 4. 1925. 58, § 2.
1919, 350, §§ 35, 37. 1929, 91, § 2.
[Penalty, § 29.]
1 Section 26. When the commissioner has heard an appeal and has ren- Proceedings
2 dered a decision that the action of the director from which the appeal i9o'7. 321! §'5.
3 was taken is sustained, the director shall notify in writing the owner, js^fo."?;
4 occupant or person in charge of the trees, shrubs or other plants con- §§'97 fg^'
5 cerned, of the decision, and shall direct him to treat or destroy the trees, \f^f^ f^-^J ^■
6 shrubs or other plants within a given time in accordance with a method §|^i^. 4.^^
7 prescribed in the notice. If the person so notified refuses or neglects §§35,37.'
8 so to treat or destroy such trees, shrubs or other plants within the time [Penalty, § 29.1
9 prescribed, the director may cause such property to be so treated or
10 destroyed, and the cost thereof to be recovered as provided in section
11 twenty-four.
1 Section 27. The director, with the approval of the commissioner, ^"-^^^^^^"^
2 after a duly advertised public hearing with notice to interested parties, 1907. 321, § 3.
3 may prohibit for such periods and under such conditions as he may §§ 13. 17.'
4 impose, the delivery within the commonwealth of nursery stock from jg,,; ^j;
5 outside thereof when in his opinion such nursery stock is likely to be fgig^'igl'.
6 infested with insect pests or disease or is likely to act as a carrier thereof, ^^^^g^j ^1° ;
7 With the approval of the commissioner, he may make and issue such i926,'3i, § 1.
8 regulations as may be needed to carry out sections sixteen to thirty-one, (Penalty, § 29.1
9 inclusive, and may publish information about such insects and disease
10 as come within his observation.
1574
AGRICULTURE.
[Chap. 128.
Gypsy and
brown tail
moth control
exempted.
1907. 321, § 8.
1909, 444,
5§ 14, 17.
Section 28. Sections sixteen to twenty-seven, inclusive, twenty-nine
and thirty, shall not apply to g.v-psy or browTi tail moths in any stage of
de\-elopment except upon places where nursery stock is grown and upon
property adjoining the same.
1911, Res. 103. 1912, 507, §§ 13, 16. 1925, 58, § 3.
Penalty.
1902, 495, § 3.
1907, 321,
8§ 2, 6.
1909, 444,
§§ 11. 17.
1912, 507,
§§ 10, 16.
1926, 31, § 2.
Section 29. Whoever violates any provision of sections sixteen to 1
twenty-seven, inclusive, or offers any hindrance to the carrying out of 2
any part thereof, or after receipt of written request from the director 3
or any of his assistants unreasonably refuses or neglects to comply with 4
any order or regulation lawfully made under any of said sections, shall 5
be punished by a fine of not less than ten nor more than one hundred 6
dollars to the use of the commonwealth. 7
Prosecutions.
1907. 321, § 7.
1909. 444.
§§ 12, 17.
1912, 507,
§§ 11. 16.
1918, 368,
§§1,4.
Section 30. All prosecutions under sections sixteen to twenty-seven, 1
inclusive, section thirty-one and section thirty-one A shall be instituted 2
and directed by the commissioner or by a person or persons specially 3
designated for the purpose by him. 4
1919, 350, § 35. 1923, 147, § 1. 1927, 67.
European corn
borer, etc.
Penalty.
1919, 95; 350,
55 35, 37; 358.
Section 31. Whenever the director finds that any town or part 1
thereof is infested with the European corn borer or other insect pest, 2
except the gypsy and brown tail moth, or with a plant disease which in 3
his opinion is likely to spread to other parts of the commonwealth or 4
to other states, he may, after a duly advertised public hearing, and with .5
the approval of the commissioner, issue an order stating the insect pest 6
or plant disease to be guarded against, and prohibiting, for such periods 7
and under such conditions as he deems necessary, the transportation to S
or from such town or part thereof, of any specified trees, plants, shrubs 9
or other vegetable growths or products, and any specified containers or 10
other articles by means of which such an insect pest or plant disease is or 11
is likely to be carried. The order aforesaid shall be advertised in a news- 12
paper published in each town where it is to be effective, or, if no newspaper 13
is published in such town, then in a newspaper of general circulation 14
in the county where the town is situated. Whoever violates any order 15
issued under this section or whoever offers any hindrance to the carry- 16
ing out of such order shall be punished by a fine of not less than twenty- 17
five nor more than three hundred dollars. 18
Same subject.
Disposition of
corn stubble,
etc. Penalty.
1923, 147, § 2.
Section 31A. In any town or part thereof in which an order issued 1
under the preceding section in connection with the suppression of the 2
European corn borer shall be in effect, every person in possession of 3
land on which corn of any kind has been grown, shall, not later than 4
December first of the year of its growth, plow or cause to be plowed the 5
field in which it was grown, so as to bury the stubble to a (le])th of at 6
least six inches, or pull up said stubble or cause it to be pulled up and 7
destroy it, or cause it to be destroyed, by burning, and every person S
having in his possession corn stalks shall, not later than April tenth of 9
the year following that of their growth, completely dispose of such, corn 10
stalks by using theiii as fodder or by burning them. Whoever violates 11
any provision of this section shall be punished by a fine of not less than 12
twenty -five nor more than five hundred dollars. 13
Chap. 128.1 agricultuee. 1575
IN.SPECTOR OF APIARIES.
1 Section 32. With the appro\-al of the commissioner, the inspector of /^^*i.7t°/
2 apiaries shall prepare and distribute from time to time such literature {«jo. 653, 1 2.
3 upon the subject of bee culture as he deems advisable, shall annually vno. sso! § 35.
4 make or cause to be made through his assistants such inspection of the (Penalty. § 38.]
5 apiaries throughout the commonwealth as he deems necessary to dis-
fi cover and suppress all bee diseases of a contagious nature, and may
7 make and issue reasonable regulations for carrying out this and the six
8 following sections.
1 Section 33. No person shall keep a colony of bees affected with Keeping of
2 foul brood, black brood, or any other infectious or contagious disease bee^s^pm-
3 harmful to honey bees in the egg, larval, pupal or adult stage, except as mo^ess, § 3.
4 provided in the following section, and each beekeeper, when he becomes i9ii.220, §3.
5 aware of the existence of such a disease among his bees, shall at once lP^°^"y' * ^^.i
6 notify the inspector to that effect. No person, knowing that a con-
7 tagious or infectious disease exists among his bees, shall sell, barter, give,
8 or in any other way dispose of the same in whole or in part, or any prod-
9 uct of the same, or any hive, super, frame, section or other appliance
10 used about the diseased bees, in such manner as to cause the spread of
11 the disease.
1 Section 34. The inspector or his assistants, upon the discovery of ^eatmrnrof"^
2 foul brood, black brood or other infectious or contagious disease, in any \'^'f^*^g'^g^^^-
3 apiary or colony, shall give instruction to the owner or caretaker thereof ^^4.'5 '
4 as to the treatment of the diseased bees, and shall also send to the owner §§ 4.' 5." '
5 or caretaker a written order that such bees be held in quarantine until [Penalty, § 38.1
6 released by written permit from the inspector, and bees so quarantined
7 shall not be removed from the premises.
8 If upon subsequent inspection the disease is still found to exist the
9 inspector or his assistants may cause the diseased colonies to be de-
10 stroyed in such manner as to pre^■ent the spread of the disease.
1 Section 35. No coionv of bees shall be shipped or transported into Regulations
,,. ,.,. ' lie jj j_ 1 * concerning
2 or delivered in this commonwealth from a state or country having an shipping or
3 inspector of apiaries, or other officer charged with similar duties, without o^bees^etc!""
4 a certificate stating that such officer has inspected said colony and that '^'^' -^°- ^ ^■
5 it is free from infectious or contagious disease. No transportation com- ''"'' '* '
6 pany or common carrier shall accept for transportation into the com-
7 monwealth, nor shall it deliver to any consignee herein, any such colony
8 from such state or country, unless such colony is accompanied by such
9 certificate. In the absence of such a certificate, the consignee upon
10 the receipt of said colony shall forthwith notify the inspector, who shall
11 forthwith inspect the same. No transportation company or common
12 carrier shall be liable in damages for refusing to receive, transport or
13 deliver any colony of bees when not accompanied by a -certificate as
14 above provided. This section shall not prevent the transportation or
15 delivery of queen bees when not accompanied by brood or comb.
1 Section 36. The inspector and his assistants shall have access to Acwss^by in-
2 each place where bees, bee products or supplies or appliances used in assistants to
„ . . T apiaries, etc.
3 apiaries are kept.
1910, 653, § 6. 1911, 220, § 7.
[Penalty. § 38.]
1576
AGRICULTURE.
[Chap. 128.
Record to be
kept, etc.
1910, 653, § 7.
1911, 220, § 8.
1919, 350, § 35.
Section 37. The inspector shall keep a detailed record of the num- 1
ber and location of all apiaries visited by him or his assistants, the num- 2
ber and location of all colonies found diseased, the treatment thereof, 3
and the expenditure incurred in the performance of the duties of his office. 4
He shall report to the commissioner annually, and at such other times 5
as he requests. 6
Penalty.
1910, 653, § 8.
1911,220, §9.
1926, 23.
Section 38. Whoever violates any provision of sections thirty-two 1
to thirty-six, inclusive, or after receipt of written request from the in- 2
spector or any of his assistants unreasonably refuses or neglects to com- 3
ply with any regulation lawfully made and issued under said section 4
thirty-two, shall be punished for the first offence by a fine of not more 5
than ten dollars, for the second offence by a fine of not more than twenty- 6
five dollars and for a subsequent offence by a fine of not more than 7
fifty dollars. 8
director of the division of ornithology.
Director of
the division
ornithology,
duties, etc.
Special ob-
servers.
1908, 245,
§§2,3.
1912, 500, §
1914, 424, I
1917, 75.
1919, 350,
§5 35, 37.
Section 39. The director of the division of ornithology shall in-
vestigate the distribution and food habits of the birds of the com-
monwealth; shall determine, so far as possible, the relation of birds to
outbreaks of insects and animals; shall experiment with a \'iew to dis-
covering the best methods of protecting fruits and crops from birds;
and shall serve the department and the people of the commonwealth in
an advisory capacity in matters relating to the economic status of birds
and to legislation concerning them. He shall report annually to the com- 8
missioner. Subject to the approval of the commissioner, he may pur- 9
chase such supplies and apparatus as may be reasonably necessary in 10
carrying out his duties and may issue special reports and bulletins as the 11
exigencies of his work may require. For the purpose of aiding in the 12
study of the distribution and habits of the birds of the commonwealth 13
he may appoint special observers to serve without compensation. 14
Trustees for
county aid to
agriculture.
Audit of
accounts.
Report.
1918, 273, § 1.
1919, 34.
1920, 103.
1930, 400, § 4.
1931,301, § 22
TRUSTEES FOR COUNTY AID TO AGRICULTURE.
Section 40. In each county, except Suffolk and except counties 1
maintaining vocational agricultural schools, there shall be an unpaid 2
board of nine trustees to be known as trustees for county aid to agri- 3
culture. The county commissioners of each such county shall annually 4
appoint three trustees, qualified as hereinafter provided, to serve for 5
three years from April first of the year of appointment, and shall fill 6
any vacancy in said board for the unexpired term. All of said trustees 7
shall be residents of the county where they are appointed, one shall always 8
be a county commissioner of said county, and four so far as is possible shall 9
be taken from the directors, chosen as provided in the following section, 10
of sucli cities 'i'^*^ towns as have appropriated funds toward carrying out 1 1
sections forty to forty-five, inclusive. The accounts of the trustees shall 12
be audited by the director of accounts in the manner in which other lo
county accounts are audited under general law. The trustees shall 14
annually submit to the county commissioners a report for the previous 15
year with a statement of receipts and expenditures in such form and at 16
such time as is required by them, and tliey shall cause the said report 17
to be printed as a part of their regular annual report. 18
Chap. 128.] agriculture. 1577
1 Section 41. Choice of the directors mentioned in the preceding sec- nirectors,
2 tion shall l)e made in such towns at the annual town meeting at which if)rs°273r§ i.
3 the appropriation is made, or at the next succeeding annual meeting ''^'^' ^*'
4 when tlie appropriation is made at a special meeting, and in such cities,
5 by the mayor, not later than fifteen days following the vote authorizing
6 the appropriation. The directors shall serve for such terms as the
7 mayor in cities and the voters in towns shall determine.
1 Section 42. The trustees may receive on behalf of the county and J^^^fa'mea,
2 apply to the purposes of sections forty to forty-fi-\e, inclusive, money f^J^*^''.i73 j '^
3 appropriated therefor by the general court for any county or by any
4 town, or by the federal government, and may control the expenditure
5 thereof either solely or in conjunction with representatives or agents of
6 the commonwealth or of the United States, or of any department, com-
7 mission, board or institution created under the statutes of this com-
8 monwealth or under an act of congress. The trustees may enter into
9 agreements, arrangements or undertakings with any such departments,
10 commissions, boards and institutions, relative to extension work with
11 adults and with boys and girls in agriculture, homemakiug and country
12 life.
1 Section 43. The trustees shall maintain one or more agents or in- Trustees.
1. 1 i-j. Till i. appointment op
2 structors m agriculture, homemakmg and country lite, who shall meet instructors.
3 the residents of the county indi\idually and in groups for the purpose ^ • ' ■
4 of teaching and demonstrating better practice in agriculture and home-
5 making, the benefits to be derived from co-operative efforts, better
6 methods of marketing farm products and the organization of com-
7 munities to build up country life.
1 Section 44. The trustees shall annuallv prepare and submit to the Trustees to
1 1 1 f>' TIT 1 1 • T^ 1 prepare budget.
2 county commissioners, not later than the farst Wednesday in December, 1918,27.3, §4-
3 a budget containing detailed estimates of all sums required by them ig^o! 400,' § 4.
4 for carrying out sections forty to forty-five, inclusive, during the ensu- i93i, 30i, § 23.
5 ing year. The county commissioners shall include in their annual
6 estimate of county expenses to be appropriated by the general court and
7 raised by the annual county tax levy at least one half of such sums as
8 they deem necessary to carry out said purposes.
1 Section 4.5. Any town may acquire, by purchase or otherwise, in the Towrs^miy
2 manner in which land may be acquired for school purposes, real estate 191s, 273, § 5.
3 for the purpose of carrying on, under the direction of the agents or in-
4 structors of said trustees, demonstration work in agriculture and home-
5 making, and may appropriate money to be expended by said trustees
6 under sections forty to forty-three, inclusive, or for the purpose of
7 enabling the trustees to acquire necessary real estate, or for the support
8 of demonstration work, under the direction of the agents or instructors or
9 of the trustees, on land owned by the town or by any resident thereof.
AGRICULTURAL AND HORTICULTUR.iL SOCIETIES, ETC.
1 Section 46. Upon the application of the president of an incorporated ^j^j'^'^^'ifti^^,
2 agricultural or horticultural society to the authorities of a town where »f '^^^^^°''
1578
AGRICULTURE. ANIMAL INDUSTRY. [ChAPS. 128, 129.
an exhibition of such society is to be held, such authorities shall assign 3
for special service at such exhibition all police officers or constables nee- 4
R. L. 124, § 16. ggg^j.y ^-Q preserve the peace and enforce the law thereat. 5
at exhibi-
tions, etc.
1892, 180.
Farmers' eiubs SECTION 47. Farmers' clubs which are organized and are holding
to receive pub- ■ , ,i i- ■ i ii • at .
lications, etc. regular meetings shall, upon application made annually in ivovember to
returns. the commissioucr, receive copies of the department's report and of its
G.''s.' 66, § 18.' other publications, in proportion to the number of their members and
R.L.\24,V2o. to the applications so made. A club which receives such copies shall
§§*3^4,^3^5.' annually in October make returns to said commissioner of its agricultural
ex-periments and of the reports of its committees.
Rules, etc., for
preservation
of peace,
etc. Posting.
1861, 127, § 1.
P. S. 114, §20.
R. L. 124, § 21.
6 .\llen, 588.
[Penalty, § 50.]
Section 48. Each agricultural or horticultural society or farmers' 1
club may establish such regulations, not inconsistent with law, as it 2
considers necessary and expedient for the preservation of peace and .3
good order or for the protection of its interests at its regular or annual 4
meetings, shows, fairs or exhibitions, and shall cause at least five copies 5
of such regulations to be posted in public places on its grounds not less 6
than forty-eight hours before the time of holding each meeting, show, 7
fair or exliibition. 8
gaming etc" SECTION 49. No pcrsou, during the time of holding a cattle show, 1
i86i'''i27' 5 2 ^^''" °'" exhibition or meeting of a farmers' club and without the consent 2
1877! 149! § i. of the authorities having charge of the same, shall establish within one 3
P S 114 § 21 . . ....
R. L. 124, §22. half mile of the place of holding such show, fair, exhibition or meeting a 4
IPenaity, § 50.] tent, booth or vehicle of any kind for the purpose of vending any goods, 5
wares, merchandise, provisions or refreshments. No person shall engage 6
in gaming or horse racing or exhibit a show or play during the regular 7
or stated time of holding a cattle show, agricultural fair or meeting of a 8
farmers' club, or engage in pool selling, at or within one half mile of the 9
place of holding the same; but no person having his regular place of busi- 10
ness within such limits shall be hereby required to suspend his business. 11
Section .50. Whoever violates any provisions of the preceding sec- 1
Penalty.
1861, 127, § 3. .
R L 124 1 23' ^'^*"' ^^ °^ ^ regulation established under section forty-eight, shall forfeit 2
not more than twenty dollars. 3
CHAPTER 129
ANIMAL INDUSTRY.
Sect.
1. Definitions.
2. Powers and duties of director, orders,
etc.
3. Records of inspectors.
4. Certification of documents by clerk.
5. Orders, etc., to be sent to inspec-
tors.
6. Aid by sheriffs, etc.
7. Entry on premises.
8. Hospitals and quarantine.
Sect.
9. Duties of agents of Massachusetts So-
ciety for Pre\ention of Cruelty to
Animals.
10. Examinations under oath.
11. Isolation, etc., of affected animals.
12. (Repealed.)
12A. Compensation for killing cattle af-
fected with tuberculosis.
13. Compensation for killing animals af-
fected with glanders.
CiL\p. 129.)
ANIMAL INDUSTRY.
1579
Sect.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
26A.
27.
28.
29.
30.
31.
Extermination of foot and mouth dis-
ease. Appraisals of and payments
for property destroyed, etc.
Appointment of inspector of animals.
Penalty for refusal or neglect of town
to appoint inspectors. Appoint-
ment by director.
Oath of inspector. Compensation.
Duties of inspector.
Inspection of domestic animals.
Certificate of healthy condition.
Quarantine of infected animals.
Service of notice of quarantine.
Examination of barns, etc.
Notice of quarantine.
Records of inspectors of animals.
Provisions applying to Boston.
Shipping, etc., dairy cattle into com-
monwealth without inspection, etc.,
penalized.
Quarantine of imported animals.
Notice of contagious diseases.
Expense of quarantine.
Quarantine. General penalties.
Assessment of damages.
Sect.
31A. Shipping, etc., tuberculin within the
commonwealth regulated. State-
ment as to use. Penalty. Excep-
tion.
32. Use of tuberculin restricted, etc.
33. Tuberculin test. Regulating right to
compensation for reacting animals.
Rules, etc., for inspection. Ap-
praisals and awards. Payments.
33A. Same subject. Tagging, etc., reacting
bo\'ine animals. Removing tag,
disposing of such animals except
for slaughter, etc., penalized.
33B. Same subject. Tests of all bovine
animals within declared quarantine
area. Modified accredited areas.
Penalty for violating terms and
conditions of quarantine, etc.
34. No compensation to violators of regu-
lations.
35. Certain cattle not to be driven on
streets, etc.
36. Notice to be given of contagious dis-
eases.
37. Enforcement of provisions.
38. Annual report.
1 Section 1. The following words as used in this chapter, unless the
2 context otherwise requires, shall have the following meanings:
3 "Agents", employees of the division of animal industry specially
4 designated as agents by the director.
5 "Contagious disease", such disease as is recognized by the United
6 States bureau of animal industry to be contagious or infectious.
7 "Director", director of animal industry.
8 "Division", division of animal industry.
9 "Inspector", inspector of animals appointed under section fifteen or
10 sixteen.
Definitions
1893,
306,
1894,
491,
§37.
1899,
408,
§§7,
35.
R. L
90,
§§2,
28.
1911
6.
1918
209.
1919
350,
§§40
,44.
§3.
1 Section 2. The director may make and enforce reasonable orders,
2 rules and regulations relative to the following: the sanitary condition
3 of neat cattle, other ruminants and swine and of places where such
4 animals are kept; the prevention, suppression and extirpation of con-
5 tagious diseases of domestic animals; the establishing of disease-free
6 herds of cattle and the issuing of certificates in connection therewith; the
7 inspection, examination, quarantine, care and treatment or destruction
8 of domestic animals affected with or which have been exposed to con-
9 tagious disease, the burial or other disposal of their carcasses, and the
10 cleansing and disinfection of places where contagion exists or has existed.
11 No rules or regulations shall take effect until approved by the governor
12 and council.
Powers and
duties of
director,
orders, etc.
1860, 221. § 6.
P. S. 90, § 16.
1894, 491, § 38.
1899, 408, § 4.
R. L. 90. § 4.
1902, 116, § 3.
1911,381, § 1.
1912, 608, § 4.
1913, 329.
1919, 350,
§§40,44.
1930, 203.
2 Op. A. G. 425,
542.
SOp.A.G.
Op. A. G.
(1919) 34.
.208.
1 Section 3. The director shall make and prescribe forms for records Records of
.„ « .. "ijj? J.* inspectors.
2 of inspectors, certificates or examination, notices and orders oi quarantine, i894. 491, 5 39.
3 notices and orders for killing and burial, and for returns of inspectors k. l. 90, '§ 4. '
4 required by this chapter.
1902, 116, § 3.
1911, 381, § 1.
1912, 608, § 4.
1913, 329.
1919,350, §§ 40,44.
1580
ANIMAL INDUSTRY.
[Chap. 129.
ofdoramenM SECTION 4. The dipcctor mav designate an employee of the division
is/HCVt ^^ ^^^^^ ^'^° ^^^^^^ ^^^P ^^^^ records of tlie division, shall certify copies
1894; 49i; § 52. of such records or of any order, rule or regulation issued by the director,
n^t la '§¥' and shall make any certificates of issuing, recording, delivering or pub-
illl', lot: 1 1: lishing of orders required under this chapter.
1913 .329 1919. 5; 350, §§ 40, 44.
1918,257, §313. 1920,2.
Po'^be'lent'to SECTION 5. All ordcrs, Tules and regulations made by the director
inspectors. ghall be entered on the records of his di\ision and a copy thereof shall be
1899! 408! § is! sent to each inspector in the town to which the orders, rules or regula-
1902; ii6,\*3. tions apply, and shall be published by such inspector in the manner pre-
1913; 329! ^*' scribed by the order, rule or regulation.
Aid by
sheriffs, etc.
1894, 491, § 57,
1899, 408, § 11
R. L. 90, § 9.
1902, 116, §3.
1912, 608, § 4.
1919, 350, §§ 40, 44.
2 0p. A. G. 425.
Section 6. Sheriffs, constables and police officers shall upon request
of the director or an inspector assist him in the performance of his duties
and shall have the same powers and protection, while so engaged, as
peace officers.
1913,329. 1919, 350, §§ 40, 44.
Entry on
premises.
1894, 491, § 13.
1899,408, §28.
R. L. 90. § 23.
1902, 116, § 3.
1911,381,
§§1.3.
1912, 608, I 4.
1913, 329.
1918, 257,
§314.
1919, 5; 350,
§§ 40, 44.
1920, 2.
Section 7. For the purpose of inspecting or examining animals or 1
the places where they are kept, the director, any of his agents or an 2
inspector, duly qualified, may enter any building or part thereof or any 3
enclosure or other place, and may examine or inspect such animals or 4
places. Whoever prevents, obstructs or interferes with such director, 5
agent, inspector or other person having like authority in the performance 6
of any of his duties, or whoever hinders, obstructs or interferes with his 7
making such inspection or examination, or whoever secretes or removes 8
any animal, for the purpose of preventing it from being inspected or 9
examined, shall be punished by a fine of not more than one hundred dol- 10
lars or by imprisonment for not more than two months, or both. 11
Hospitals and
quarantine.
1860. 221, § 3.
1878, 24, § 1.
P. S. 90, § 14.
1887, 252, § 11,
1894, 491, § 41,
1899. 408, § 6.
R. L. 90, § 5.
1902. 116, §3.
1912, 608, § 4.
1913, 329.
Section 8. The director may establish hospitals or quarantine sta- 1
tions, with proper accommodations, wherein, under prescribed regula- 2
tions, animals selected by him may be confined and treated for the pur- 3
pose of determining the characteristics of a specific contagion and the 4
methods by which it may be disseminated or destroyed, and he may 5
direct inspectors to enforce and carr\' into effect all regulations made from 6
time to time for that purpose. 7
1919.350, §§40, 44.
Duties of
agents of
Massachusetts
Society for
Prevention of
Cruelty to
Animals.
1910. 590.
Section 9. The agents of the Massachusetts Society for the Pre- 1
vention of Cruelty to Animals may visit all places at which neat cattle, 2
sheep, swine or other animals are delivered for transportation or are 3
slauglitered, for the purpose of preventing violations of any law and of 4
detecting and punishing the same; with power to prosecute any such 5
violation coming to tlieir notice. Any person who prevents, obstructs or 0
interferes with any such agent in the performance of such duties shall be 7
punislu'd by a fine of not more tliaii one hundred dollars or by imprison- 8
ment for not more than two months, or both. 9
Examinations SECTION 10. The (lircctor mav examine on oath all persons who are 1
under oatn. « _ * _
1878' ij^'sV' believed to possess knowledge of material facts relative to the existence 2
p. s.'9o,'§ 22; or dissemination, or danger of dissemination, of contagious diseases among 3
Chap. 129.] animal industry. 1581
4 domestic animals, or relative to any other matter within the provisions isss, ip, 1 4.^
5 of this chapter, and, for the purposes of this chapter, shall have all the isflf'^i; Mo'.
6 powers vested in justices of the peace by chapters two hundred and IsgiS; til'. § lo'.
7 twenty-two and two hundred and thirty-three to take depositions, to fgos; ??6,S*3.
8 compel witnesses to attend and testify before him and to administer JIJIIISI; ^ *•
9 oaths. Witnesses shall receive the same fees for attendance and travel l^ji^^^^^o-
10 as witnesses before the superior court. The expense of procuring the
1 1 attendance of such witnesses shall be paid by the commonwealth. Copies
12 of the records of the division, or of any order, rule or regulation issued
13 by the director, if duly certified by the clerk, and any certificate by the
14 cierk of the issuing, recording, delivering or publishing of such orders,
15 rules or regulations under this chapter, shall be competent evidence of
16 such fact in any tribunal.
1 Section 11. If the director, or one of his agents, by examination of ^f^^*,'™'/*"-
2 a case of contagious disease of domestic animals, except foot and mouth ^gj-'J^'lj, § 2;
3 disease, is of opinion that the public good so requires, he shall cause the 219, '§ 2;""
4 diseased animal to be securely isolated or to be killed without appraisal is78, 24. § 1.
5 or payment. An order for killing shall be issued in writing by the di- \tll, 11°^]
6 rector, may be directed to an inspector or other person, and shall contain ^^^n^%,
7 such direction as to the examination and disposal of the carcass and the \f^2^^i;
8 cleansing and disinfection of the premises where such animal was con- jin'ijj \\
9 demned as the director considers ex-pedient. A reasonable amount may isgi', 491', | «.
10 be paid from the treasury of the commonwealth for the expense of such msa, 408! § s. '
11 killing and burial. If thereafter it appears, upon post mortem exam- f902; iie.S'^s.
12 ination or otherwise, that such animal was free from the disease for "Js; I29'. ^ *■
13 which it was condemned, an appraisal of such animal shall be made IfJ;^-^-
14 and the amount of appraisal value therefor shall be paid to the owner I^'^^sdO,
15 by the commonwealth, except as otherwise pro\-ided in section fourteen 1922 '353, § 1
•■ 111* 1^"^ Mass. 540.
16 relative to foot and mouth disease.
260 Mass. 311. 3 Op. A. G. 208.
1 Section 12. [Repealed, 1922, 353, § 4.]
1 Section 12A. If, under section eleven, any cattle affected with Compensation
2 tuberculosis are killed, the full market value thereof at the time of cattle aSlcted
3 condemnation, not exceeding twenty-five dollars each, shall be paid to Tuiosis" "'
4 the owner by the commonwealth if such animal has been owned by j[|^| HI] 1 1
5 him for a period of not less than sixty days, and has been owned and i|9|. 49i. | «;
6 kept within the commonwealth for six consecutive months, both periods ism! ms. § s.
7 being next prior to its killing, or if it has been inspected within said six r.^l'. 9o^ § 6.
8 months' period and satisfactory proof has been furnished to the director, g."l'. (ed.' of ^
9 by certificate or otherwise, that it was free from disease on the date of HH] sis. § l^'
10 siich inspection, and if the owner has not, in the opinion of the director, ^eoVa"!: siV.
11 by wilful act or neglect, contributed to the spread of tuberculosis.
1 Op. a. G. 234, 260, 532.
1 Section 13. If under section eleven any horse, mule or ass afTected po°'^Pifi"ng"°°
2 with glanders is killed, the full value thereof at the time of condemna- animals
3 tion, not exceeding fifty dollars, shall be paid to the owner by the com- with glanders.
4 monwealth if such animal was owned within the commonwealth for laiBis^so^
5 twelve consecutive months next prior to the killing thereof, and if the
6 owner thereof has not in the opinion of the director contributed to the
7 spread of glanders by any wilful act or neglect.
1582
ANIMAL INDUSTRY.
[Chap. 129.
Extermination
of foot and
mouth disease.
Appraisals of
and payments
for property
destroyed, etc.
1917, 121,
5§1, 2.
1919, 350,
H 40, 44.
Section 14. All neat cattle and other domestic animals, which are 1
affected with, or have been exposed to, foot and mouth disease, shall be 2
destroyed when, in the opinion of the director, the public good so re- 3
quires^ and their carcasses shall be buried or otherwise disposed of. An 4
order for killing and for the disposal of carcasses shall be issued in writing 5
by said director, and may be directed to an agent, an inspector, or other 6
person. The said director shall also issue such directions for the cleansing 7
and disinfection of buildings, premises and places in which foot and 8
mouth disease exists or has existed, and of property which may be on or 9
contained therein, as in his opinion may be necessary or ex-pedient. Any 10
property on such premises which may be, in the opinion of the director 1 1
or of his agents, a source of contagion may be destroyed by order of the 12
director. The necessary expenses incurred in carrying out this section 13
may be paid from the annual appropriation for the extermination of 14
contagious diseases among domestic animals. The director may appoint 15
persons to make appraisals on live stock and other property the destruc- 16
tion of which is ordered under this section, and fifty per cent of the full 17
value of such live stock and other property, as determined by the ap- 18
praisal, may be paid from the annual appropriation aforesaid. If the 19
United States government makes an appropriation for payment of a 20
certain portion of the value of any animals and property destroyed 21
under this section, the payment by the commonwealth for such animals 22
or property shall be limited to the difference between such portion and 23
the full value thereof determined as herein provided, which shall not be 24
in excess of fifty per cent of such value. 25
Appointment
of inspector
of animals.
1872, 231, § 1.
1875, 29, § 1.
1876, 180, § 1.
P. S. 58, § 1.
1892, 195, § 1;
432.
1893, 306, § 6.
1894, 491, § 1.
Section 15. The mayor in cities, except Boston, and the selectmen
in towns shall annually, in March, nominate one or more inspectors of
animals, and before April first shall send to the director the name,
address and occupation of each nominee. Such nominee shall not be
appointed until appro\'ed by the director. In cities at least one such
inspector shall be a registered veterinary surgeon.
1899, 408, § 17. 1911, 143. 1919, 350, §§ 40, 44.
R. L. 90, § 12.
1902, 116, § 3.
1908, 378.
1912, 608, I
1913, 329.
i 4, 6.
1 Op. A. G. 74.
4 Op. A. G. 146.
Penalty for
refusal or
neglect of town
to appoint
inspectors.
Appointment
by director.
1893, 306,
§§5, 6.
1894.491, § 2.
1899. 408, § 18.
R. L. 90. § 13.
1902, 116, § 3.
Section 16. A town shall, for each refusal or neglect of its officers 1
to comply with the requirements of the preceding section, forfeit not 2
more than five hundred dollars. The director may appoint one or more 3
inspectors for such town, and may remove an inspector who refuses or 4
neglects to be sworn or who, in the opinion of the director, does not prop- 5
erly perform the duties of his office and may appoint another inspector G
for the residue of his term. 7
1912, 60S, § 4. 1913, 329. 1919, 350, §§ 40, 44.
Oath of in-
spector. Com-
pensation.
1872,231, §1.
1875,29, § 1.
1876, ISO, § 1.
P. S. 58, § 1.
1893, 30fi, § 5.
1894, 491, § 2.
1895, 476.
1899, 408,
{§ 17, 18, 30.
R. L. 90, 5 14.
1902, 116, 5 3.
1912, 608, i 4.
1913, 329.
Section 17. Each inspector shall be sworn to the faithful perform- 1
ance of his official duties, and shall receive from the town for which he 2
is appointed reasonable compensation, if appointed by the town, or 3
such compensation as shall be fixed by the director, but not in excess of 4
five hundred dollars a year, if appointed by the director. Towns having 5
a valuation of less than two and one half million dollars shall be reim- 6
bursed by the commonwealth, upon certificate of the selectmen, approved 7
by the director, for one half of such compensation, not exceeding two 8
hundred and fifty dollars for each inspector in any one year. 9
1919, 350, §§ 40, 44. 1929, 48.
Chap. 129.] animal industry. 1583
1 Section IS. Each inspector shall comply with and enforce all orders P^'i,"'^^/
2 and regulations directed to him by the director. If he refuses or neglects i°894%9i',
3 so to do, he shall be punished bv a fine of not more than five hundred isM.tos,
. , ,, '^ ' §§21,31,
4 dollars.
R L 90, § 16. 1912, 608. § 4. 1919, 350. §§ 40. 44.
1902, 110, § 3. 1913. 329.
1 Section 19. Inspectors shall make regular and thorough inspections inspection of
2 of all neat cattle, sheep and swine found within the limits of their respec- animau'"^
,3 tive towns. Such inspections shall be made at such times and in such {394; Jgf; 1 1\
4 manner as the director shall from time to time order. ^ They shallalso Hgg; tol; | 22.
5 from time to time make inspections of all other domestic animals within f^^^ uh^ys,
6 the limits of their respective towns if they know, or have reason to sus- isia! eos! § 4.
7 pect, that such animals are aft'ected with or have been exposed to any isiajsso:
8 contagious disease, and they shall immediately inspect all domestic 3Op.'a.g.208.
9 animals and any place where any such animals are kept whenever di-
10 rected so to do "by the director; but this section shall not apply to the
1 1 inspection of sheep or swine slaughtered in wholesale slaughtering estab-
12 lishments, or to the obtaining of a license for the slaughtering of such
13 sheep or swine.
1 Section 20. An inspector who is satisfied, upon an examination of Sthr"" °'
2 any neat cattle, sheep or swine, that they are free from contagious \l'^f%- ^ g
3 disease, shall deliver to the owner or to the person in charge thereof a isos, 4%, § 2^
4 written certificate of their condition, in such form as the director shall r.^l'. m '§^i|. '
5 prescribe, signed by the inspector, and shall enter a copy of said certificate 1912; eos! § t.
Q upon his records.
1913, 329. 1919, 350, §§ 40, 44.
1 Section 21. An inspector who, upon an examination of a domestic Quarantine of
2 animal, suspects, or has reason to believe, that it is afTected with a con- animai^s.
3 tagious disease shall immediately cause it to be quarantined or isolated \l^l[ il%\^'
4 upon the premises of the owner or of the person in whose charge it is fs94,49'i?§'7.
5 found, or in such other place as he may designate, and shall take such ^^^j^'^^^'j^*-
6 other sanitary measures to prevent the spread of such disease as may be i902, iie, § 3.
7 necessary or as shall be prescribed by any order or regulation of the direc- 1913', 329'.
8 tor. He shall also deliver to the owner or person in charge of such animal, §5 46, 44.'
9 or to any person having an interest therein, a written notice or order of ■* "^p- ^- ^- ^° ■
10 quarantine signed by him, in such form as the director shall prescribe,
11 and shall enter a copy of said notice upon his records.
1 Section 22. Such notice or order may' be served by an inspector or Service^of
2 officer qualified to serve civil process, by delivery in hand to, or leaving quarantine .^ ^
3 at the last and usual place of abode of, the owner or person having an 1I99; 403' §^25.
4 interest in or in charge of the animal concerned, or by posting upon the ^g^^] nh.'^s.
5 premises where said animal is quarantined or isolated. A copy thereof, i9j2. eos, § 4.
6 with the return of said officer or inspector thereon that such service has \f^^'f^2:
7 been made, shall be competent evidence in any court that such quarantine
8 has been imposed. If an animal has been so quarantined, it shall remain
9 in quarantine until the further order of the director.
ion
etc.
1 Section 23. Inspectors shall, in addition to their inspections of am- ^^'^^^^f ■,,.
2 mals for contagious diseases, examine the places in which neat cattle are is99, 408,^§^29
3 kept, with reference to their situation, cleanliness, light, ventilation and 1902: ue, § 3.
1584
ANIMAL INDUSTRY.
[Chap. 129.
1912. 60S. § 4. water supply, and the general condition and cleanliness of the said neat
1919: 35o; cattle, and shall make a detailed report, with names and residences of
§§40,44. ^„j„^r.a +r. +U^ A;r.or,+r.r. 6
owners, to the director.
4
5
Juaranune. SECTION 24. An inspcctor who has caused a domestic animal to be
1899' 408' § ^7 quarantined, as provided in section twenty-one, shall immediately give a
R. l'. 90, '§ 22. ■ written notice thereof, with a copy of the order of quarantine, to the
1912! 608] § i. director, and shall give such information to no other person.
1913, 329. 1919, 350, §§ 40, 44.
Records of SECTION 25. Each inspector shall keep a record of all inspections made
animals. by him and of his doings therein, and shall make regular returns thereof
1899; 4os: § 19. to the division, but such returns need not be retained for more than two
R. L. 90. §15. y^^j.^^ ^jjj jj^g^^. ^j^pjj Y,e destroyed or disposed of by their lawful cus-
todian, and any proceeds received in the course of their disposal shall be
paid to the commonwealth. The director shall prescribe the form in
which and the times at which such records and returns shall be made,
1902, 116, § 3
1912. 608, § 4
1913, 329.
1916, 147.
1919, 350.
§§40, 44.
and may at any time inspect them and make copies thereof.
TppryinTto Section 26. The provisions of this chapter relative to the duties of 1
f9T^°60s § 7 inspectors shall apply to persons officially performing the functions of 2
inspectors in Boston. 3
shipping, etc.,
dairy cattle
into common-
wealth without
inspection, etc.,
penalized.
1924, 495.
Section 26A. Whoever ships, drives or transports into the com- 1
monwealth cattle to be used for dairy purposes, unless they have been 2
inspected and passed as healthy by a veterinary inspector of the United 3
States Bureau of Animal Industry or a veterinarian of the state of origin 4
authorized by the state and approved by said bureau, shall be punished 5
by a fine of not more than two hundred dollars. 6
Quarantine
of imported
animals.
18S7, 252, § 20.
1894, 491, § 53.
1899, 408, § 12.
R. L. 90, § 10.
1902, 116, § 3.
1912. 608, § 4.
Section 27. Animals brought into this commonwealth from places 1
which in the opinion of the director are infected, may be seized and quar- 2
antined by the director at the expense of their owners or consignees, so 3
long as the public safety requires; and, if in his opinion safety so requires, 4
he may cause such animals to be killed without appraisal or payment. 5
1913, 329. 1919, 350, §§ 40. 44.
Notice of
contagious
diseases.
1860, 219, § 9;
221. §5.
1878, 24.
1879, 178.
P. S. 90, §§ 9,
15.
1885, 148,
H 1,2.
1887, 252,
§§ 6, 7.
1894, 491,
§§ 29, 30.
1899. 408.
§§ 14, 15.
R, L, 90, § 11.
19(IL'. 116. § 3.
I'.Ki.s, -,\r,. § 1.
1912, 608,
5S 4, 5.
1913, 329.
Section 28. The board of health of a town, any member or agent 1
thereof or any other person who has knowledge of or reason to suspect 2
the existence of any contagious disease among any domestic animals in 3
the commonwealth, or that any domestic animal is affected with a con- 4
tagious disease, whether such, knowledge is obtained by personal exami- 5
nation or otherwise, shall immediately give written notice thereof to the 6
director, or to an inspector for the town where the animal is kept. Who- 7
ever fails to give such notice shall be jiunished by a fine of not more than 8
one hundred dollars. I'pon the receipt of such notice by said inspector, 9
he shall proceed as provided in sections twenty-one, twenty-two, twenty- 10
four and twenty-nine. Upon receipt of such notice by the director he shall 1 1
inspect or cause his agent to inspect such animal, and thereafter shall 12
proceed as provided in section ele\-en or fourteen, as the case may be. 13
1919, 350, §§ 40, 44.
nmr-Autut. Section 29. If animals have been quarantined, collected or isolated 1
1878' 24'''5V' upo'i the premises of the owner or of the person in possession of them at 2
p. s.'9o,' § 1. the time such quarantine is imposed, the expense thereof shall be paid by 3
Chap. 129.] animal industry. 1585
4 such owner or person; but if specific animals have been quarantined or i8S7, 252, § 1.
5 isolated under section eight or twenty-one for more than ten days upon Ittk til'. | "'
6 such premises, as suspected of being affected with a contagious disease, 'f £' tl^'^^-if^'
7 and the owner is forbidden to sell any of the product thereof for food, or J*^^ ^^'^0^372
8 if animals have been quarantined, collected or isolated on any premises
9 other than those of such owner or person in possession thereof, the ex-
10 pense of such quarantine shall be paid by the commonwealth.
1 Section .30. An animal which has been quarantined or isolated by Quarantine.
2 order of the director or of his agent, or of an inspector, shall, during the SS"' ''™'
3 continuance of such quarantine or isolation, be deemed to be affected with \l%' l^l' ^ •"•
4 a contagious disease. Whenever an animal has been released from quar- f^§j ^°;^^ J"-
5 antine by order of the director the same animal shall not again be quar- "^ns! sbe! § 4. '
6 antined or isolated by an inspector during the period of thirty days §§ 34, 47.'
7 immediately following such release except upon order of the director. §§32,36.'
8 Whoever knowingly breaks or authorizes or causes to be broken a quar- §*§ h^M.
9 antine so imposed, or whoever, contrary to such order of quarantine or Jg?!; HI] | f
10 isolation, knowingly removes an animal or authorizes or causes it to be }^[|' ^^s.
11 removed from a building, place or enclosure where it is quarantined or isia! 35b,
12 isolated, or whoever, contrary to an order or notice of quarantine, know- lOp.A. 6.74.
13 ingly places or causes or authorizes to be placed any other animals within
14 a building, place or enclosure where an animal is quarantined, or in
15 contact therewith, or whoever knowingly conceals, sells, removes or trans-
16 ports, or knowingly causes or authorizes to be concealed, sold, removed
17 or transported, an animal, knowing or having reasonable cause to be-
18 lieve that it is affected with a contagious disease, or whoever knowingly
19 authorizes or permits such animal to go at large upon any public way
20 within the commonwealth, or whoever knowingly brings or authorizes
21 or permits to be brought from another country, state, district or territory
22 into this commonwealth, an animal which is affected with or has been
23 exposed to a contagious disease, or whoever disobe.ys a lawful order or
24 regulation of the director or of any of his agents or of inspectors in the
25 performance of their duty under this chapter, shall be punished by a
26 fine of not more than five hundred dollars or by imprisonment for not
27 more than one year, or both.
1 Section 31. If an owner is entitled to compensation for the killing Assessment
2 of an animal or the destruction of other property under this chapter, 1894, 491, § 46.
3 and cannot agree with the director as to its value, the director and the lHo, tot', 1 33!
4 owner may each select an arbitrator, and if the owner neglects or refuses fgol; ueS^s-
5 to select an arbitrator within twenty-four hours after notice that the \l\f |^|-. 5 *•
6 director has selected one, the arbitrator selected by the director may jgji.*j^j .2
7 select another. In each case if the two arbitrators cannot agree as to isis! 257!
8 the value, they may select a third. The arbitrators shall be sworn to 1919, 's; 350,
9 the faithful performance of their duties and shall determine the value i92o°'2!*'
10 within the limits provided by sections eleven to fourteen, inclusive, and
1 1 the amount so fixed shall be paid to the owner.
12 If the owner's right to compensation is in dispute, if either jiarty pre-
13 fers to submit the amount of damages to judicial determination, or if
14 the award of the arbitrators is unsatisfactory to either party, the owner
15 or the director may, within thirty days after the killing of such animal
16 or the destruction of such property, or, if arbitrators have been ap-
17 pointed, within thirty days after the date of their award, file a petition
18 for the assessment of damages in the superior court for Suffolk county
1586
ANIMAL INDUSTRY.
[Chap. 129.
or for the county where the kilhng or destruction occurred. A copy of 19
the petition shall be served upon the adverse party. If upon such peti- 20
tion it appears that the owner is entitled by law to compensation, the 21
damages shall be assessed under chapter seventy-nine within the limits 22
provided by sections eleven to fourteen, inclusive, of this chapter.^ The 23
damages, costs and expenses incurred by the director in prosecuting or 24
defending the petition shall be paid by the commonwealth. 25
Shipping, etc.,
tuberculin
within the
commonwealth
regulated.
Statement
as to use.
Penalty.
Exception.
1927. 215.
Section 31A. Every person who, himself or by his servant or agent,
ships from a place within the commonwealth or otherwise delivers any
tuberculin to a person within the commonwealth shall forthwith file
with the director a written statement containing the name and address
of the person to whom the same was shipped or deli\'ered as aforesaid
and the quantity thereof. Every person receiving tuberculin for use in
connection with'domestic animals shall forthwith after such use file with
the director a written statement containing the name and address of
the person whose cattle have been tested with such tuberculin and of
the person from whom the same was received, together with records of
said test upon blanks furnished by the director. Whoever violates any 11
provision of this section shall be punished for the first offence by a fine 12
of not less than twenty-five nor more than one hundred dollars and for 13
a subsequent oft'ence by a fine of not less than fifty nor more than fi^■e 14
hundred dollars. This section shall not apply to common carriers, their 15
servants or agents. ^6
1
2
3
4
5
6
7
8
9
10
ratares'tric'ted, SECTION 32. Tubcrculin as a diagnostic agent for the detection of
1895 496 § u' tuberculosis in domestic animals siiall be used only upon cattle brought
1896! 276'. ■ into the commonwealth and upon cattle in quarantine stations at
1899] 408,' § 42. Brighton, Watertown and Somerville; but it may be used as such diag-
i903,'322.^^^' nostic agent on anv animal in anv other part of the commonwealth,
1927, 335, ' " ■ ....
with the written consent of the owner or person in possession thereof
and upon animals which have been reported as tuberculous upon physi-
cal examination by a competent veterinary surgeon, and also as provided
in section thirty-three B. Such tests by the use of tuberculin shall be
made without charge to citizens of the commonwealth, and in all other 10
cases the ex-pense of such tests shall be paid by the owner of such ani- 11
mals or by the person in possession thereof. 12
Tuberculin
test. Regu-
lating right to
compensation
for reacting
animals.
Rules, etc., for
inspection.
.\ppraisals and
awards.
Payments.
1897, 499.
1809, 408.
R. L. 9(1,
1902, 110.
1912, 008.
1913. 329.
1919. 3.')0,
§S 40, 44.
1922, 3.53,
1927, 303;
335. § 3.
1928, 332, § 1.
1930, 341.
200 Mass. 311.
§ 43,
132.
§3.
§4.
§3.
Section 33. Except as otherwise provided, a person who has ani-
mals tested with tuberculin shall not be entitled to compensation from
the commonwealth for any animals which react to the tuberculin test
unless they have been tested by the director or qualified veterinarians
acting under his authorization and ha^•e been owned and kept by the
owner applying for the test on the premises where tested for a period of
not less than sixty days next prior to the date of said test or have been V
admitted to the herd on a test approAed by the director. The director 8
may prescribe rules and regulations for the inspection of cattle by the 9
application of the tuberculin test and for the segregation or slaughter of 10
reacting animals; but no inspection by the application of such test 11
shall be made unless an agreement has previously been entered into for 12
such inspection and application with the owner of the animals, except 13
as provided in section thirty-three B. If, in the opinion of the director, 14
any of the animals react to the test and are slaughtered in consequence 15
thereof, the owner shall be reimbursed by the commonwealth in the 16
Chap. 129.] anim.^l industry. 1587
17 manner hereinafter provided. The director may appoint persons to
18 make appraisals of reacting cattle in conjunction with the owner or his
19 authorized representative. Such appraisal shall he subject to the rights
20 of arbitration and petition set forth in section thirty-one; provided, that
21 the award or damages shall be within the limits prescribed by this scc-
22 tion. The commonwealth shall, within thirty days after the filing in the
2.3 office of the director of a valid claim for reimbursement in pursuance of
24 such an appraisal or of an award under section thirty-one, pay to the
25 owner of any animal slaughtered under authority of any rules or regula-
26 tions made hereunder, or to any mortgagee or assignee designated in
27 writing by said owner, one half of the difference between the amount
28 received by the owner for the carcass of the animal and the value of the
29 animal as determined by appraisal as aforesaid; provided, that pay-
30 ment by the commonwealth hereunder shall not exceed fifty dollars for
31 any grade animal or seventy-five dollars for any pure-bred animal;
32 and provided, further, that the owTier or his representative has not, in
33 the opinion of the director, by wilful act or neglect, contributed to the
34 spread of bovme tuberculosis.
1 Section 33 A. Any bovine animal which reacts to a tuberculin test game subject.
2 shall immediately be tagged for identification by the veterinarian, who reacting bovine
3 has applied such test, by inserting into the external ear of the reacting Remo4ng tag.
4 animal a special metal tag provided by the director. Any person who siXanimais
5 removes any such tag attached as above provided, or who in any way sia°u^htlr%tc.,
6 disposes of any animal which has reacted to a tuberculin test except for y^22''i37
7 the purpose of immediate slaughter, or who neglects or refuses to have i924, ise.
S slaughtered a reacting animal sold to him for that purpose, shall be
9 punished by a fine of not more than one hundred dollars or by im-
10 prisonment for not more than thirty days.
1 Section 33B. The director may, upon application to him by not same suWect.
2 less than seventy-five per cent of the cattle owners owning cattle per- bovine animals
3 manently kept in any city or town in a county other than Barnstable, or SLre'd quaran-
4 upon like application by the owners of eighty-five per cent of such cattle, 'Mo'atfied
5 declare said city or to-(vn a quarantine area and may proceed to test by arels''"i4naity
6 the tuberculin test or otherwise all bovine animals within said area. If 1°^ ""It'j"*
7 the director finds and declares that said city or town is substantiallv free conditions of
, I* I !•• • T/*! quarantme, etc.
8 from bovme tuberculosis, he may proclaim it to constitute a modified 1927, 335, § 1.
9 accredited area and may prescribe rules and regulations, subject to the
10 approval of the governor and council, prohibiting the shipment or trans-
1 1 portation into the same of any bovine animal without a permit and health
12 certificate issued by the director or some officer designated by the director
13 for the purpose. Whoever violates the terms and conditions of any such
14 quarantine or any such rule or regulation shall be punished by a fine
15 of not more than five hundred dollars or by imprisonment for not more
16 than one year, or both.
1 Section 34. No compensation shall be allowed by the common- Nocompen-
2 wealth to an owner of condemned cattle who has failed to comply with vtoiators of
3 the reasonable regulations of the director relative to cleanliness, ventila- S.'^ros^^j 44.
4 tion, light, disinfection and water supply. An owner of cattle who re- ^- ^- ^°' ^ ^*-
5 fuses to comply with any such regulation shall be punished by a fine of
6 not more than fifty dollars.
1588
[Chaps. 129,130.
Certain cattle
not to be driven
on streets, etc.
1876, 137.
P. S. 90.
§§ 26-28.
1887, 252,
§§21-23.
1894, 491,
§§54-56.
1899, 408,
§§ 38-40.
R. L. 90, § 30.
1902, 116, § 3.
Section 35. Texan, INIexican, Cherokee, Indian or other cattle, 1
which the director has reason to believe may spread contagious disease, 2
shall not be driven on any public way or road, or outside the stockyards 3
connected with any railroad in the commonwealth, contrary to an order 4
of the director, aiid they shall be kept in different pens from those in 5
which other cattle are "kept in all stockyards in the commonwealth. 6
Whoever violates any provision of this section shall be punished by a 7
fine of not less than twenty nor more than one hundred dollars. 8
1912, 608, § 4. 1913, 329. 1919, 350, §§ 40. 44.
Notice to
be given of
contagious
diseases.
1894, 491, § 35.
1899, 408, § 34.
R. L. 90,
1902. 116,
1908, 515,
1912, 608,
1913. 329,
1919, 350.
§§40,44.
i27.
§3.
§2.
§4.
Section 36. Whoever kills an animal or causes it to be killed, with
the consent of the owner or person in possession thereof, upon suspicion
that it is affected with or has been ex-posed to a contagious disease, and
who, upon the inspection of the carcass thereof, finds or is of opinion
that it is affected with a contagious disease, shall forthwith notify such
owner or person in possession thereof, and the director or an inspector
for the town where such animal was kept, of the existence of such dis-
ease, and of the place where the animal was found, the name of the
owner or person in possession thereof and of the disposal made of such
carcass. Whoever violates any provision of this section shall be pun-
ished by a fine of not more than one hundred dollars or by imprison-
ment for not more than two months, or both.
1
2
3
4
5
6
7
8
9
10
11
12
of"prov'"iSons. SECTION 37. The superior court shall have jurisdiction in equity to 1
1894, 49I, § 58. enforce this chapter and restrain violations thereof. 2
1899, 408, § 41. R. L. 90, § 34.
Section 38. The commissioner of conservation shall make an annual 1
1894; Ml! § 5i! report of the acts of the director, including therein the information ob- 2
ISQP 408. , „ . 1 . 1 O
tained from inspectors under section twenty-three. o
Annual report.
1887. 2.52, § 19.
1899, 408,
§5 3,29,
R. L. 90, §§3, 24.
1902, 116, § 3.
1912, 608. § 4.
1913. 329.
1919. 350,
§§8, 40, 44.
CHAPTER 130.
POWERS AND DUTIES OF THE DIVISION OF FISHERIES AND GAME.
FISHERIES.
Sect.
Sect.
1.
Definitions.
GENEBAL
PROVISIONS.
12.
13.
[Repealed.]
[Repealed.]
2.
[Repealed.]
3.
[Repealed.]
FISHINQ lAW
4.
[Repealed.]
14.
[Repealed.)
5.
[Repealed.]
15.
[Repealed.)
6.
(Repealed.)
16.
[Repealed.]
7.
[Repealed.]
17.
[Repealed.]
8.
[Repealed.]
IS.
[Repealed.)
9.
[Repealed.]
19.
[Repealed.]
10.
[Repealed.]
20.
[Repealed.)
11.
[Repealed.]
21.
(Repealed.)
IIA
Statistical
information and bio-
22.
[Repealed.]
logical research.
Chap. 130.] powers, etc., of division of fisheries and game, fisheries.
1589
Sect.
fishing license.
23. [Repealed.]
FISHERIES IN GREAT PONDS.
24. [Repealed.]
25. [Repealed.]
26. [Repealed.]
27. [Repealed.)
28. [Repealed.]
28A. [Repealed.]
29. [Repealed.]
30. [Repealed.]
31. [Repealed.]
32. [Repealed.]
33. [Repealed.]
34. [Repealed.]
35. [Repealed.]
CONTROL OF FISHERIES BY RIPARIAN
PROPRIETORS.
36.
[Repealed.]
37.
[Repealed.]
38.
[Repealed.]
39.
Definition of na^-igable streams
40.
[Repealed.]
41.
[Repealed.]
42.
[Repealed.]
43.
[Repealed.]
44.
45.
46.
47.
48.
HERRING, ALEWIVES AND SHAD.
Towns may open ditches, etc., to
create herring fisheries.
Towns shall own such fisheries.
Penalty for fishing in such fisheries
without permission.
Rights under contracts, etc., not af-
fected.
Penalty for illegal taking of shad or
alewives.
TROUT.
49.
[Repealed.]
50.
[Repealed.]
51.
[Repealed.]
52.
[Repealed.]
53.
[Repealed.]
54.
[Repealed.]
54A
[Repealed.]
55.
[Repealed.]
SALMON.
56.
[Repealed.]
57.
[Repealed.]
PICKEREL.
58.
[Repealed.]
59.
[Repealed.]
60.
[Repealed.]
WHITE PERCH
61.
[Repealed.]
Sect.
pike perch.
62. [Repealed.]
62A, [Repealed.]
62B. [Repealed.]
63.
64.
65.
66.
67.
6S.
69.
70.
71.
POLLOCK AND MACKEREL.
Seining of pollock and spike mack-
erel. Penalty.
BLACK BASS.
[Repealed.]
[Repealed.]
[Repealed.]
SMELTS.
Penalty for selling, etc., smelts be-
tween certain dates.
Permits to take smelts in great
ponds.
Penalty for taking smelts except
with hook and line.
Prohibition not to extend to certain
counties, etc.
Use of net, seine, etc., for catching
smelts in Boston harbor, etc., pro-
hibited.
Possession of net, etc., prima facie
evidence.
Penalties.
Searches; seizure and libelling of
property.
MISOELLANEODS PROVISIONS RELATIVE TO
FISH.
75.
76.
77.
77A.
7S.
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
[Repealed.]
78A. [Repealed.]
CERTAIN SHELLFISH AND EELS.
Taking of scallops regulated.
Not to be taken between April first
and October first. Exceptions.
Taking limited.
Modification of close season, etc.
Penalty.
City and town officers may regulate
the taking of certain fish, etc.
84A. Permits to unnaturalized foreign
born persons to take shellfish.
Cities and towns may grant licenses
for the planting, etc., of quahaugs.
Additional license may be granted to
bed quahaugs, etc.
Navigable water not to be ob-
structed. Hearing. Contents
and recording of licenses. Sur-
vey, etc.
No person except the licensee to
take quahaugs, etc.
79.
80.
81.
82.
83.
84.
85,
86
87.
88.
1590
POWERS, ETC., OF DIVISION OF FISHERIES ANT) G.\ME. FISHERIES. [ChAP. 130»
Sect.
89.
90.
Superior court may appoint a com-
mission to determine if licensee is
acting in good faith, etc.
Licensee to have exclusive use.
Action and penalty for taking,
etc., without licensee's consent.
CRABS.
90.A. Taking of crabs regulated.
90B. Licenses; term, fee, etc. Marking
of buoys.
90C. Surrender of license upon second or
subsequent conviction.
90D. Penalty.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
LOBSTEHS.
Penalty for taking female lobsters.
Supervisor to purchase lobsters, with
eggs attached, caught along shores
of commonwealth, etc.
Purchased lobsters to be marked;
possession of such lobster, etc.,
prohibited. Penalty.
Sale of lobsters, etc., regulated.
Penalty for unlawfully selling, etc.,
lobster meat.
Penalty for unlawful transportation
of lobster meat.
Lobster meat unlawfully sold, etc.,
may be confiscated.
Sections 94 and 95 not to affect sale
of certain lobsters, etc. Permits.
Penalty for selling, etc., small
lobsters.
Penalty for mutilation.
State police to enforce § 99.
Right of search to enforce § 99.
Protection of lobster industry. Pen-
alty.
Licenses.
Revocation of license.
Report by licensee, etc.
Hours for drawing lobster pots.
Penalty.
Investigation of habits of lobsters,
etc. Penalty for taking lobster
from posted creek, etc.
Transportation of lobsters regulated.
Penalties.
Enforcement of §§ 110 and 111.
Proceedings in case of seizure of lob-
sters.
FISHING FOR LOBSTERS, TAtJTOG, ETC., IN
CERTAIN WATERS.
114. Prohibition of taking lobsters, etc.,
in certain waters.
115. Boundaries defined.
116. Penalty if certain statutes have
been accepted.
117. Prohibition of taking lobsters in wa-
ters of Provincotown.
Sect.
OYSTERS.
118. Penalty for unlawfully destroying
oysters.
119. Selectmen may give permits to take
oysters.
120. Granting of licenses for the cultiva-
tion of oysters in Barnstable,
Bristol, Dukes and Nantucket.
Boundaries, etc.
121. Licensees to make annual report^
etc.
122. Application for license, etc.
123. Fees.
124. License number to be displayed.
125. Taking of oysters between certain
hours prohibited.
126. Penalty for injuring boundary
marks, etc.
127. Penalty for injuring or unlawfully
taking planted oysters.
128. Penalty for placing stones, scoop-
ings, etc., on oyster beds, etc.
129. Arrest and detention of offenders.
130. No territory to be granted in pol-
luted waters.
131. Granting of licenses in counties not
covered by § 120. Revocation.
132. Hours for taking oysters.
133. Penalty for taking oysters from
licensed flats without permis-
sion.
134. Penalty for using dredge, etc., upon
private oyster beds.
GENERAL PROVISIONS RELATIVE TO SHELL-
135.
136.
137.
138.
139.
140.
141.
142.
142A.
142B.
143.
144.
144A,
FISH.
Penalty for taking shellfish other
than oysters, except, etc.
Indians not within prohibition of
§§ 118, 119 and 135.
Contaminated areas. Determina-
tion, publishing, posting, etc.
Penalty for taking, etc., shellfish
from contaminated areas, im-
proper use of certificate, etc. Kn-
forcement by wardens and courts.
Certificates of condition.
[Repealed.]
[Repealed.]
[Repealed.]
Taking, purification, etc., of shellfish
from contaminated areas regu-
lated. Penalty.
Deputy fish and game wardens, ap-
pointment, powers, etc.
Cities and towns may make appro-
priations for cultivation, etc.,
of shellfish. May declare close
season, etc.
Penalty, etc.
Importation and sale of shellfish
taken from grounds outside com-
monwealth regulated. Penalty.
Chap. 130.] powers, etc., of division of fisheries and game.
1591
Sect.
regulation of fish iveirs, nets, purses
and seines.
145. Town officers may authorize fish
weirs, etc.
146. Penalty for injuring such fish weirs.
147. Penalty for constructing unauthor-
ized fish weirs.
148. Owners of fish weirs, lobster pots,
etc., to make returns. Lobster
cars to be marked. Penalty.
MISCELLANEOUS PROVISIONS.
149. Penalty for taking fish, etc., from
traps, etc.
Sect.
150.
[Repealed.]
151.
[Repealed.)
152.
Officers to prosecute.
153.
[Repealed.]
154.
[Repealed.]
155.
Bounty on seals. Certificate
alty.
KELP AND SEAWEED.
156.
Kelp, etc., adrift.
GENERAL PROVISION.
157.
Special laws not repealed.
Pen-
Section 1. In this chapter, the following words shall have the fol- Definitions,
lowing meanings:
"Angling", fishing with hand line or rod, with naturally or artificially
baited hook.
"Deputy", a deputy fish and game warden appointed under section loos, 407.
6 seven of chapter twenty-one.
7 "Director", director of the division of fisheries and game of the 1919. 350,
^ , « . §§40, 43.
8 department 01 conservation.
9 "Supervisor", the supervisor of marine fisheries appointed under 1929, 372, § 2.
10 section eight A of chapter twenty-one.
11 "Warden", a fish and game warden appointed under section seven of ^^^-' *^^- ^ ^■
12 chapter twenty-one.
13 In construing this chapter, the fact that possession of various species 1922, i87, § 1.
14 of fish is forbidden thereby during certain periods of the year shall not
15 be held to prohibit a resident of the commonwealth who has legally
16 taken or come into possession of such fish from having the same or parts
17 thereof in possession, for his own personal use and not for sale, during
18 the first ten days of the closed season for such species; but the burden
19 shall be on him to prove that such possession was lawful in its origin.
20 In construing this chapter, the fact that possession of various species 1922, i87, § 1.
21 of fish is forbidden thereby during certain periods of the year shall not
22 be held to prohibit a person from bringing into this commonwealth, for
23 his own personal use and not for Sale, game fish or parts thereof which were
24 lawfully taken in another state, province or country, or from having
25 such game fish or parts thereof in possession for the aforesaid purpose for
26 ten days after the arrival thereof in this commonwealth; provided, that
27 before any such game fish or parts thereof are so imported they shall be
28 tagged or marked in accordance with the laws of such other state, prov-
29 ince or country and with the federal laws relative to interstate com-
30 merce, and provided that no person shall so import more game fish at
31 one time than is permitted by the laws of such other state, province or
32 country to be exported therefrom.
general provisions.
1 Section 2. [Repealed, 1930, 393, § 1.]
1 Section 3. [Repealed, 1930, 393, § 1.]
1 Section 4. [Repealed, 1930, 393, § 1.]
1592
FISHERIES.
[Chap. 130.
statistical
information
and biological
research.
1929, 372, § 8.
Section 5. [Repealed, 1930, 393, § 1.]
Section 6. [Repealed, 1930, 393, § 1.]
Section 7. [Repealed, 1930, 393, § 1.]
Section 8. [Repealed, 1930, 393, § l.j
Section 9. [Repealed, 1927, 280, § 4.]
Section 10. [Repealed, 1930, 393, § 1.]
Section 11. [Repealed, 1930, 393, § 1.]
Section 11 A. The supervisor shall devise a system of statistical
information useful to the marine fish industries of the Commonwealth, 2
including the shellfish industry, and shall compile information obtained 3
thereunder. Upon the request of the supervisor the commissioner may 4
require for such purposes the attendance of witnesses and the produc- 5
tion of books and documents, and the commissioner or the supervisor 6
may examine witnesses on oath; and such witnesses shall be examined 7
in the same manner and paid the same fees as in the superior court. He 8
shall prepare from time to time and distribute bulletins and reports 9
embodying statistical and other information relative to marine fisheries, 10
including shellfish, and the state secretary shall cause to be printed for 11
distribution to such industries such numbers of such bulletins and reports 12
as the commission on administration and finance may approve. The 13
supervisor may also conduct, with the approval of the go\ernor and 14
council, certain biological research for the purpose of conserving and 15
increasing the supply of marine fish, including shellfish, in the coastal 16
waters of the commonwealth. He shall also assist and co-operate with 17
local authorities in the promulgation of rules and regulations for the 18
purpose of better control and conser\ation of such marine fish. 19
Section 12. [Repealed, 1930, 393, § 1.]
Section 13. [Repealed, 1930, 393, '§ 1.]
fishing l.aw.
Section 14. [Repealed, 1930, 393, § 1.]
Section 15. [Repealed, 1930, 393, § 1.]
Section 16. [Repealed, 1930, 393, § 1.]
Section 17. [Repealed, 1930, 393, § 1.]
Section 18. [Repealed, 1930, 393, § 1.]
Section 19. [Repealed, 1930, 393, § 1.]
Section 20. [Repealed, 1930, 393, § 1.]
Chap. 130.] fisheries. 1593
Section 21. [Repealed, 1930, 393, § 1.]
Section 22. [Repealed, 1930, 393, § 1.]
fishing license.
Section 23. [Repealed, 1930, 393, § 1.]
fisheries in great ponds.
Section 24. [Repealed, 1930, 393, § 1.]
Section 25. [Repealed, 1930, 393, § 1.]
Section 26. [Repealed, 1930, 393, § 1.]
Section 27. [Repealed, 1930, 393, § 1.]
Section 28. [Repealed, 1930, 393, § 1.]
Section 28A. [Inser-ted, 1924, 191; repealed, 1930, 393, § 1.]
Section 29. [Repealed, 1930, 393, § 1.]
Section 30. [Repealed, 1930, 393, § 1.]
Section 31. [Repealed, 1930, 393, § 1.]
Section 32. [Repealed, 1930, 393, § 1.]
Section 33. [Repealed, 1930, 393, § 1.]
Section 34. [Repealed, 19.30, 393, § 1.]
Section 35. [Repealed, 1930, 393, § 1.]
control of fisheries by riparian proprietors.
Section 36. [Repealed, 1930, 393, § 1.]
Section 37. [Repealed, 19.30, .393, § 1.]
Section 38. [Repealed, 1930, 393, § 1.]
Section 39. For the purposes of tliis chapter, no tidal stream shall °<'„\°^^^°'J,ie
be considered navigable above the point where, on the average through- f^^^'^^^^ ^ ^^
out the year, it has a channel less than forty feet wide and four feet p. s.'9l §28^ '
deep during the three hours nearest the hour of high tide.
Section 40. [Repealed, 1930, 393, § 1.]
Section 41. [Repealed, 1930, 393, § 1.]
1594 fisheries.
Section 42. [Repealed, 1930, 393, § 1.]
Section 43. [Repealed, 1930, 393, § 1.]
[Chap. 130.
1
1
Towns may
open ditches,
etc., to create
herring
fisheries.
1806, 187, § 3.
P. ,S. 91, § 63.
R. L. 91, § 34.
167 Mass. 115.
HERRING, ALEWIVES AND SHAD.
Section 44. A town may open ditches, sluiceways or canals into 1
any pond within its Urn its for the introduction and propagation of herring 2
or alewives, and for the creation of fisheries for the same; and may take 3
by eminent domain land within its limits for such ditches, sluiceways 4
or canals. 5
Towns shall
own such
fisheries.
1866, 187, 5 4.
P. S. 91, § 64.
R. L. 91, 5 35.
Penalty for
fishing in such
fisheries with-
out permission.
1866, 187,
S§ 5-7.
P. S. 91,
85 65, 66.
R. L. 91, § 36.
Section 4.5. A town creating such fishery shall own it, may make 1
regulations concerning it and may lease it for not more than five years, 2
on terms agreed upon. A town may lease for a like period, and on like 3
terms, any fishery owned by it or any public fishery regulated and con- 4
trolled by it. 5
Section 46. Whoever takes, kills or hauls on shore any herring or 1
alewives in a fishery created by a town, without its permission or that of 2
its lessees, or in a fishery created by a corporation, without the permission 3
of such corporation, shall be punished by a fine of not less than five nor 4
more than fifty dollars. Prosecutions under this section shall be com- 5
menced within thirty days after the commission of the offence. 6
Rights under
contracts, etc.,
not affected.
1866, 187. 5 8.
P. S. 91, § 67.
R. L. 91. § 37.
Section 47. The three preceding sections shall not impair the rights 1
of any person under any law passed before April twenty-fifth, eighteen 2
hundred and sixty-six, or under any contract then existing, or authorize 3
a town to enter upon or build canals or sluiceways into a pond which is 4
private property. 5
me"auaking SECTION 48. Whoevcr takes shad or alewives, except in the Con-
aiewi^es""^ necticut, Tauutou Great, Nemasket and Merrimack rivers and their tribu-
1764-5' 34' ^ ^' t^'"'^^ "^ ^^y other manner than by angling on Sunday, Tuesday or Thurs-
§8 1. 16, li. day and whoever between June fifteenth and March first takes shad,
§8 24, 29.' except in the Connecticut and Merrimack rivers, or alewives, shall forfeit
P. s.'9l, § 55. for each shad five dollars, and for each alewife twenty-five cents.
1895, 88, § 2. R. L. 91, § 42.
1-
2
3
4
5
6
TROUT.
Section 49. [Repealed, 1930, 393, § 1.]
Section 50. [Repealed, 1930, 393, § 1.]
Section 51. [Repealed, 1930, 393, § 1.]
Section 52. [Repealed, 1930, 393, § 1.]
Section 53. [Repealed, 1930, 393, § 1.]
Section 54. [Repealed, 1930, 393, § 1.]
■Chap. 130.] fisheries. 1595
1 Section 54A. [Inserted, 1926, 19, § 3; repealed, 1930, 393, § 1.]
1 Section 55. [Repealed, 1930, 393, § 1.]
SALMON.
1 Section 5G. [Repealed, 1930, 393, § 1.]
1 Section 57. [Repealed, 1930, 393, § 1.]
pickerel.
1 Section 5S. [Repealed, 1930, 393, § 1.]
1 Section 59. [Repealed, 1930, 393, § 1.]
1 Section 60. [Repealed, 19.30, 393, § 1.]
white perch.
1 Section 61. [Repealed, 1930, 393, § 1.]
pike perch.
1 Section 62. [Repealed, 1930, 393, § 1.]
1 Section 62A. [Inserted, 1923, 212; repealed, 1930, 393, § 1.]
1 Section 62B. [Inserted, 1929, 82; repealed, 1930, 393, § 1.]
pollock and mackerel.
1 Section 63. No person shall seine in the harbors and rivers of the seimngof^
2 commonwealth pollock weighing less than three quarters of a pound, or sp^kT^^^°
3 spike mackerel weighing less than one quarter of a pound. Violation of Pe^naity. '
4 any provision of this section shall be punished by a fine of not less than '^i^' *«•
5 twenty-five nor more than fifty dollars or by imprisonment for not less
6 than one nor more than two months, or both.
black bass.
1 Section 64. [Repealed, 1930, 393, § 1.]
1 Section 65. [Repealed, 1930, 393, § 1.]
1 Section 66. [Repealed, 1930, 393, § 1.]
SMELTS.
1 Section 67. WTioever, between March fifteenth and June first, sells P9j>»'ty^f°'
2 or offers or exposes for sale or has in his possession a smelt taken between smcu£^
3 said dates in the commonwealth, shall forfeit one dollar for every such eeruirdates
4 smelt; and the possession of a smelt between said dates shall be prima \f};^^^-
5 facie evidence of violation of this section.
p. S. 91, § 57. • 1S87, 105, 5 2. 1890, 30. R- L 91. 5 71.
1596
FISHERIES.
[Chap. 1.30.
rme'its'in°r'ea^* SECTION 68. The director may permit the taking of smelt in great 1
ponds'" ^"^ ponds of the commonwealth, subject to rules and regulations made by 2
350, '§43. him and approved by the governor and council. Violation of any such 3
rule or regulation shall be punished by a fine of not less than five dollars. 4
faUn'^smeUs SECTION 69. Exccpt as provided in section seventy-three and in 1
except with chapter three hundred and six of the acts of nineteen hundred and eleven, 2
1868, 179, § i'. whoever takes a smelt in any other manner than by angling shall forfeit 3
smI'sIb^i'. one dollar for each smelt so taken; and in all prosecutions under this 4
i873;iii: section the burden of proof shall be upon the defendant to show that 5
1874, 153, § 2. smelts taken by him were legally caught. 6
p. S. 91, 8 58.
R. L. 91, § 72.
lOS Mass. 452.
151 Mass. 60.
153 Mass. 396.
Prohibition
not to extend
to certain
counties, etc.
1869. 75.
1873, 364.
1874, 153, § 2.
P. S. 91, § 59.
1891, 128.
Section 70. Sections sixty-seven and sixty-nine shall not apply to 1
smelts taken in a seine or net in Bristol, Barnstable, Nantucket or Dukes 2
county during the time and in the manner in which fishing is allowed for 3
perch, herring or alewives, nor to smelts lawfully taken under chapter 4
three hundred and six of the acts of nineteen hundred and eleven. 5
R. L. 91, § 73.
Use of net,
Beine, etc.,
for catching
smelts in
Boston harbor,
etc., prohibited.
1818, 109.
1823,41, § 1.
1894, 189, § 1.
R. L. 91, § 74.
Section 71. Except as provided in chapter three hundred and six 1
of the acts of nineteen hundred and eleven, no person shall set, draw, 2
use or attempt to set, draw or use any net, seine, trap or device for catch- 3
ing smelts, other than a naturally or artificially baited hook, in the 4
waters of Boston harbor, Hingham harbor. Weir river, Weymouth Fore 5
river, Weymouth Back river, Neponset river, Charles river, Mystic 6
river, or in any cove, bay, inlet or tributary thereof; but this section 7
shall not prohibit the use of traps for catching lobsters. 8
Possession of
net, etc., prima
facie evidence.
1894, 189, § 2.
R. L. 91, § 75.
Section 72. Possession of any net, seine, trap or device for catching 1
fish, other than a naturally or artificially baited hook, in or upon said 2
harbors, rivers or tributaries, or on the banks of the same, if adapted 3
to and apparently intended for the jircscnt catching of smelts, shall be 4
deemed prima facie evidence of a violation of the provisions of the pre- 5
ceding section, and the possession of any fresh smelts, not apparently 6
caught by the use of a hook, in or upon said harbors, rivers or tributaries, 7
or on the banks of the same, after sunset or under other suspicious cir- 8
cumstances, shall be deemed prima facie evidence that said smelts were 9
caught contrary to such provisions by the person in whose possession 10
thev are found. 11
Penalties.
1894, 189. § 3.
R. L. 91, § 70.
Section 73. Whoever violates any provision of section seventy-one
or receives smelts knowing or having reasonable cause to believe that the
.same have been taken contrary to any provision of said section shall,
for a first oft'ence, be pimished by a fine of not less than fifty nor more
than two hundred dollars or by imprisonment for not less than six nor
more than twelve months, or both, and, for a subsequent oifence, by
both said fine and imprisonment.
Section 74. The director, supervisor, warden, deputy, any member 1
of the state police, sheriff, dej)uty siieriff, police officer or constable, 2
within his jurisdiction, may search for and seize, without warrant, anv 3
4
Searches;
seizure and
libellinc of
property.
1894, 189, § 4.
R. L. 91. '§ 77'. smelts which he has reason to suspect were taken contrary to any pro
Chap. 130.] fisheries. 1597
5 vision of section seventy-one, and the net, seine, trap or other device loos, 407.
6 and the vessel, boat, craft or other apparatus used in connection with I'oi"; 4p; § i'.
7 such receiving, or other violation of said section, and the cask, barrel or {gig; 350;
8 other vessel or wrapper containing said smelts. Said officer may libel i92'*9^'37°2% 12
9 said property acconiing to law, or, at his discretion, sell the same or any
10 part thereof at private sale or by public auction, and libel the net pro-
11 ceeds of such sale according to law, in the same manner and with the
12 same effect as if such proceeds were the property itself.
miscellaneous provisions relative to fish.
1 Section 75. [Repealed, 1930, 393, § 1.]
1 Section 7G. [Repealed, 1930, 393, § 1.]
1 Section 77. [Repealed, 1930, 393, § 1.]
1 Section 77A. [Inserted, 1922, lOS; repe.\led, 1930, 393, § 1.]
1 Section 78. [Repealed, 1930, 393, § 1.]
1 Section 78A. [Inserted, 1921, 188; repealed, 1930, 393, § 1.]
certain shellfish and eels.
1 Section 79. No person shall take from the flats or waters of the XaWng of
2 commonwealth scallops other than adult scallops, or sell or offer for sale rcsuUited.
3 or have in possession such scallops so taken. For the purposes of this isai; 268, §"2.
4 section an adult scallop shall be a scallop with a well defined raised {goo; lls.^ **'
5 annual growth line. Scallops taken from the tide waters of the com- J^JJ^- ^H] ^ ^■
6 monwealth shall be culled when taken, and all scallops other than adult ||ji,' ^^^
7 scallops shall immediately be returned alive to tide water which is at §§i,'5.
8 least three feet deep at mean low water; but it shall not be unlawful 350! §43.'
9 to sell or have in possession scallops other than adult scallops unavoid- ^^"®' ^^"
10 ably left in the catch after it has been culled, to the amount of not more
11 than five per cent of the total catch remaining. All scallops taken in
12 accordance with this section shall be taken ashore in the shell. This and
13 the following section shall not apply to seed and adult scallops carried
14 by storm and tide from the natural beds and deposited on beaches and
1.5 flats where, in the opinion of the supervisor, they cannot survive, but
16 the taking and sale of the said seed and adult scallops may be authorized
17 by him at any season of the year, subject to section eighty-four. The
18 supervisor shall prescribe rules and regulations governing the taking and
19 sale of the said seed and adult scallops by special permits or otherwise, to
20 prevent the sale of seed scallops at any time, or the sale of adult scallops
21 between April first and October first, except as authorized herein.
1 Section 80. Except as provided in sections seventy-nine and eighty- J^ot *°^,^j%pp„
2 two, no person shall take scallops between April first and October first Apni firsthand
3 from the flats or waters of the commonwealth, or buy or sell or have in Exceptions'! '
4 possession scallops so taken; but this section shall not apply to the {gg?; 55°'§ 1. '
5 taking of scallops for bait in the waters adjacent to the to^\Ti of Nantucket }||*; llf_ 5 ^
6 from April first to May fifteenth, inclusive, nor shall it apply to the i^oh 237:^ ^^
7 taking of scallops by hand for food for his own personal or family use by laos: 276, § 2.
1598 FISHERIES. [Chap. 130.
1909, 403, a person who holds a permit from the aldermen or selectmen of the city 8
1910, Itv, or town wherein taken authorizing him to take scallops in such manner 9
1928, U3, 1 1. ^n^ ^or such use. 1"
Taking Section 81. No person shall take more than ten bushels of scallops 1
morin, § 3. including shells in one day. 2
Modification of Section 82. The provisions of the two preceding sections in respect 1
e^Q^jgg" ' to the open and close season and in respect to the number of scallops 2
1929] 372; § 14. that may be taken may be modified if, on petition of the aldermen or 3
selectmen to the supervisor, the supervisor, after investigation, deter- 4
mines that, owing to unusual circumstances, such modification is ex- 5
pedient. In that case, in his discretion, he may authorize, for a pre- 6
scribed period, the aldermen or selectmen to issue permits to inhabitants 7
of their respective cities or towns to take scallops in such quantities and 8
at such times as he deems expedient. 9
flss'^o, § 4. Section 83. Whoever violates any provision of the four preceding 1
1887; 96^' ■ sections shall be punished by a fine of not more than twenty-five dollars. 2
R. L. 91,' Possession of scallops, other than adult scallops, except as is otherwise 3
i9o*6!'288'. provided in section seventy-nine, shall be prima facie evidence that 4
1908, 27o; 1 1'. such scallops were unlawfully taken. 5
1909, 403, §§3. 4. 1910, 177, S§ 4, 5.
officers^ma""" Section 84. The aldermen or selectmen, if so instructed by their 1
regulate the citics or towiis, ' may, except as provided in sections seventy-nine to 2
certam fish, etc. eighty-thrcc, iuclusive, control, regulate or prohibit the taking of eels, 3
i88i; 103: soft-shelled clams, ciuahaugs, razor fish, so-called, and scallops within the 4
r§68!'69. same; and may grant permits prescribing the times and methods of 5
[III: III: § 3. taking eels and such shellfish within such cities and towns and make 6
wis' 517^ ^^' such other regulations in regard to said fisheries as they deem expedient. 7
1913; 86. ■ But an inhabitant of the commonwealth, without such permit, may take 8
1929; 304; 372, ecls, soft-shclled clams, quahaugs, razor fish, and, from October first to 9
fsf Mass. 10. the following April first, both dates inclusive, scallops, for his own family 10
270 Mall: 69: usc from the waters of his own or any other city or town, not exceeding 11
one half bushel of quahaugs and of soft-shelled clams, including shells, in 12
any one day, or one bushel of each, including shells, in any one week, and 13
not exceeding one and one half bushels of scallops, including shells, in 14
any one week, and may take from the waters of his own city or town 15
any of such shellfish for' bait, subject to the general rules of the aldermen 16
and selectmen, respectively, as to the times and methods of taking such 17
fish; provided, that no person shall take scallops exceeding in quantity IS
one and one half bushels, including shells, in any one week from the 19
waters of any city or town by dredging without first obtaining a written 20
permit from the aldermen or selectmen of such city or town. This 21
section shall not authorize the taking of fish in violation of the pro^•isions 22
of sections forty-four and forty-five of chapter ninety-one of the Revised 23
Laws. Whoever takes any eels or any of said shellfish without such 24
permit, and in violation of any of the foregoing provisions of this sec- 25
tion, shall be punished by a fine of not less than three nor more than 26
fifty dollars. This section shall not afTect section one of chapter two 27
hundred and fifty-five of the acts of eighteen hundred and ninety-three. 28
Whoever shall take or have in possession quahaugs or soft-shelled clams 29
Chap. 130.] fisheries. 1599
30 less than two inches in longest diameter to the amount of more than five
31 per cent of any batcii shall be punished by a fine of not less than three
32 nor more tlian fifty dollars; provided, that it shall not be unlawful to
33 take such quahaugs or soft-shelled clams or have the same in possession
34 under authority of a permit, which the supervisor is hereby authorized
35 to grant, for replanting for seed purposes in waters or flats within the
36 commonwealth.
1 Section 84A. No permit for the taking of shellfish for commercial unnMaraUzed
2 purposes shall be issued under the preceding section to an unnaturalized p"/r80M'to™
3 foreign born person unless he has been a resident of the county, wherein 'i^!',^''^^"^*''-
4 the city or town to the officials of which he applies for a permit is situ-
5 ated, for at least five years next preceding the date of his application
6 therefor, or has taken shellfish as an article of commerce for said period.
7 This section shall not prohibit any such person from taking for his owti
8 family use the shellfish allowed for such use to all inhabitants of the
9 commonwealth under the preceding section.
1 Section 85. Upon written application, the aldermen or selectmen cities and
2 may grant a written license subject to such rules and regulations as are grant licenses
3 approved by the city council of a city, or by the voters of a town at a inE.'efc'! of"*'
4 town meeting, for the purpose of planting and cultivating quahaugs Jg^.Tlg.' § i.
5 upon and in the flats and creeks of their respective cities and towns
6 below mean low water mark and within the limits to be specified in the
7 license, for a term of not less than five nor more than ten years, to any
8 person who has resided in the commonwealth or has been a taxpayer
9 in the city or town for not less than one year preceding the date of his
10 application; and all such licenses may, with the written consent of the
11 aldermen or selectmen, be assigned by the licensee to any person who
12 has been a resident of the commonwealth or a taxpayer in the city or
13 town for not less than one year preceding the date of the assignment.
1 Section 86. The aldermen or selectmen may grant a licensee under Additional ^
2 the preceding section an additional license for the purpose of bedding granted to bed
3 quahaugs and of gathering the seed from the same between high and low igog.Tlg.' f 2'.
4 water mark for such period, not exceeding five years, and under such
5 conditions as they deem proper. The territory to be covered by the said
6 license shall not include more than one half acre.
1 Section 87. The licenses provided for in the two preceding sections Navigable ^^
2 shall not be granted if their exercise would materially obstruct navigable be obstructed.
3 water. No license shall be granted under said sections, until after a contents
4 public hearing, due notice of which has been posted in three or more Ijicenslt!"^
5 public places, and published in a newspaper, if any, published in the city f9097469'°'
6 or town where the premises are situated, at least ten days before the time §§ 3, 5, 6.
7 fixed for the hearing, stating the name and residence of the applicant,
8 the date of the filing of the application, and the location, area and de-
9 scription of the grounds applied for. Such a license shall describe by
10 metes and bounds the waters, flats and creeks to which the license is
11 applicable, and shall have no force until recorded with the clerk of the
12 city or town granting the same, and the licensee shall pay annually to
13 the city or town a fee of not less than one nor more than five dollars per
14 acre for the license, as the aldermen or selectmen determine. A record-
15 ing fee of fifty cents shall be paid to the city or town clerk for recording
1600
FISHERIES.
[Cel^p. 130.
each license or an assignment thereof. Each license and any assignments 16
thereof shall be recorded in a book kept therefor in the office of the said 17
clerk, which shall be open to public inspection. Forms for licenses and 18
assignments shall be provided by the aldermen or selectmen at the 19
expense of the city or town. Before granting any such license the alder- 20
men or selectmen shall cause to be made a survey and plan of the terri- 21
tory within which licenses are to be granted, and shall cause to be 22
marked upon a copy of such plan to be kept in the office of the city or 23
town clerk the territory covered by any license issued by them. The 24
licensee upon receiving his license shall cause the territory covered 25
thereby to be plainly marked out by stakes, buoys, ranges or monu- 26
ments which shall be maintained by him during the term of the license. 27
Failure to place or to maintain the same shall be sufficient cause for 28
revocation of the license. 29
^cepTthe Section 88. No person, except the licensee or his agents or assignees, 1
qua'haugs?e*t'c'^'' shall dig or take quahaugs or quahaug seed within or remove the same 2
1909, 469, § 4. from territory covered by such a license. 3
Superior court
may appoint a
commission to
determine if
licensee is
acting in good
faith, etc.
1909, 469, § 7.
Section 89. If it appears to the aldermen or selectmen granting a 1
license that the licensee or his assignee does not actually occupy and 2
use in good faith for the purposes specified in sections eighty-five and 3
eighty-six the territory covered by the license, they shall petition the 4
superior court of the county where the territory is situated to appoint a 5
commission of one or more persons to investigate and report to the court 6
as to the use and occupancy of such territory; and the court shall 7
appoint a commission of one or more persons who, after twelve days' 8
notice to the petitioners and the respondent, shall hear the petitioners 9
and respondent and shall transmit their findings to the court. If the 10
court finds that the said territory is not used and occupied in good faith 11
for the purpose stated in the license, the court may order that use of the 12
territory shall revert to the city or town and that all stakes or buoys or 13
other appliances marking the same shall be removed. The costs upon 14
said petition shall be assessed as the court may direct. 15
Licensee to
have exclusive
use. Action
and penalty for
taking, etc.,
without
licensee's
consent.
1909, 469, 5 8.
Taking of
crabs regulated
1930. 414.
1931,328.
Section 90. The licensee, his heirs or assigns shall for the purposes 1
described in the license have the exclusive use of the territory described 2
therein during the term of the license and may in tort reco\-er treble 3
damages of any person who, without his or their consent, digs or takes 4
quahaugs or other shellfish in the territory covered by the license or 5
remo\'es the same therefrom. Whoever so digs, takes or removes qua- 6
haugs or other shellfish shall, in addition, be punished by a fine of twenty 7
dollars. 8
CR.\BS.
Section 90A. No person, either as principal, agent or employee, 1
shall at any time catch crabs in, or take them from, any waters within 2
the jurisdiction of the commonwealth, or place, set, keep, maintain, 3
supervise, lift, raise or draw in or from the said waters, or cause to be 4
placed, set, kept, maintained, supervised, lifted, raised or drawn in or 5
from the said waters any pot, trap or other contrivance designed for, or 6
adapted to, the taking of crabs, unless licensed so to do as provided in 7
the following section, nor unless he is a citizen of the commonwealth or 8
is an alien residing in the commonwealth who, prior to June first, nine- 9
Chap. 130.] fisheries. 1601
10 teen hundred and thirty, has filed his declaration of intention to become
11a citizen of the United States; provided, that if any such alien shall not
12 become a citizen of the United States within the term of five years and
13 ninety days next subsequent to such filing he shall not thereafter be
14 entitled to receive or to act under a license issued under authority of the
15 following section. Nothing in this or the following section shall be con-
16 strued to prohibit or regulate the taking of crabs solely for bait purposes,
17 or the taking thereof by a person for his own family use.
1 Section 90B. The clerk of any town in Essex, Middlesex, Suffolk, Licenses;
2 Norfolk, Plymouth, Barnstable, Bristol, Dukes or Nantucket county, etc"' Marking
3 situated on the shores of the commonwealth, shall grant licenses in the moTS.
4 form prescribed and upon a blank furnished by the supervisor, to catch
5 or take crabs from the waters of the commonwealth within three miles
6 of the shores of the county where the town lies. Licenses hereunder shall
7 expire on December thirty-first next succeeding the granting of the same
8 unless sooner made void as provided in the following section. The
9 town clerk granting a license shall collect therefor a fee of five dollars,
10 which, less fifteen cents to be retained by him, shall be forwarded to the
11 supervisor on the first Monday of the following month, together with
12 coupons to be provided by the supervisor for a description of the licensee
13 and his buoys, and for such other information as may be required. All
14 books of forms furnished to town clerks under this section shall be re-
15 turned to the supervisor on January first of each year. Each applicant
16 for a license shall state the color scheme or other special markings of the
17 buoys to be used by him which shall be set forth in his license, and all
18 buoys used by him shall be marked accordingly and also with the li-
19 censee's initials or name which shall be branded or cut into the surface
20 of the buoy. A licensee under this section shall at all times, while acting
21 in pursuance of the license, exhibit his license upon demand of any officer
22 qualified to serve criminal process.
1 Section 90C. If a licensee under the preceding section is convicted ,^^;;™'lfpon
2 a second or subsequent time within a period of three years of violation ^;;™^;J^°/^t
3 of the same or any other provision of the fish and game laws he shall convic^jon.
4 immediately surrender his license to the officer who secured the second
5 or subsequent conviction, and the license shall be void, and the licensee
6 shall not receive another such license until after the expiration of one
7 year from the date of the second or subsequent conviction.
1 Section 90D. Violation of any provision of section ninety A or P|n»'ty^^^
2 ninety B shall be punished by a fine of not less than ten dollars.
LOBSTERS.
1 Section 91. Whoever at any time takes or has in possession with P<'^;^'^>|J°'"^,g
2 intent to sell, or sells, any female lobster bearing eggs shall be punished lobsters.
3 by a fine of not less than ten nor more than one hundred dollars or by §§ 1:3.
4 imprisonment for not less than one nor more than three months; but a jjg'i-ss.
5 person who takes any such lobster and immediately returns it alive to |||2. 98^^ ^ ^
6 the waters from which it was taken shall not be subject to such penalty, jsga. \o9. 5 1-
7 This section shall not apply to lobsters spawning in lobster cars if they R^L^^g'^
8 are immediately returned alive to the waters from which they were i55Mms^278.
9 taken nor to the taking, possession or sale of lobsters as provided in the ^ "^ '
1602
FISHERIES.
[Chap. 130.
following section. Exposure for sale or possession otherwise than as 10
herein provided shall be prima facie evidence of an intent to sell. Alder- 11
men, selectmen, police officers and constables shall enforce this section 12
in their respective cities and towns. 13
Supervisor to
purchase
lobsters, with
eggs attached,
caught along
shores of
commonwealth,
1904, 40S.
1917, 235,
§§1.3.
1918, 257,
§320.
1919, 5; 350,
§43.
1920, 2.
1928,263, § 1.
1929, 372. § 15.
Section 92. The supervisor, with the approval of the director, shall, 1
except as provided in the following section, purchase to the extent of 2
the money provided therefor, and at a rate not above the wholesale 3
market price of other lobsters, lobsters with eggs attached taken along 4
the shores of the commonwealth. Whoever takes or handles any such 5
lobsters with eggs attached which are not marked as provided in the 6
following section may safely store the same in lobster cars or sections of 7
cars used for such purpose only, and shall keep them separate from other 8
lobsters until such time as the supervisor or his agents gather and pay 9
for the same. The supervisor or his agents shall liberate said lobsters 10
in the vicinity of their place of purchase. The commissioner of con- 11
servation in his annual budget estimates, filed pursuant to section three 12
of chapter twenty-nine, shall include a statement of appropriation or 13
appropriations recommended by him for the purpose of carrying out the 14
provisions of this section. 15
Purchased
lobsters to be
marked: pos-
session of such
lobster, etc.,
prohibited.
Penalty.
1917, 235, § 2.
1919, 350, § 43.
1928, 263, § 2.
1929, 372, § 16.
Section 93. The supervisor or his agents shall, before its release, 1
mark each lobster purchased under the preceding section by punching 2
a hole in the middle flipper of its tail, and any lobster so marked shall 3
not again be purchased. Any person having in possession any lobster 4
so marked, except for the purposes of release as aforesaid, or any lobster 5
mutilated in such manner as to hide or obliterate the said mark, shall 6
be punished by a fine of not less than fifty nor more than two hundred 7
dollars. 8
Sale of
lobsters, etc.,
regulated.
1913, 643, § 1.
Section 94. All lobsters or parts of lobsters sold for use in or export 1
from the commonwealth shall be sold and delivered in the shell, except 2
as provided in section ninety-eight. 3
unhfwfuiiy'^ Section 95. No person shall sell, give away, ship or buy lobster meat 1
fobstfr meat ^f*^'" t^c Same has been taken from the shell, except as provided in sec- 2
1913, 643, § 2. tion ninety-eight. Whoever violates this section shall be punished by a 3
fine of not more than twenty-five dollars. 4
un"aw'fu/" Section 96. No common carrier shall carry from one place to another 1
transportation jjnv lobstcr meat unless the same has been legally taken from the shell; 2
1913, 643, § 3. ' and whoever knowingh- violates this section shall be punished by a fine of 3
4
not more than fifty dollars.
Section 97. Any lobster meat unlawfully sold, given away, shipped, 1
soid^etc.^ may bought or transported shall be liable to seizure and may be confiscated. 2
Lobster meat
unlawfully
sold, etc., I —
be confiscated.
Sections 94 and Section 98. Scctious uiucty-four and ninety-five shall not prohibit
sale of certain tde sale of lobstcrs legally canned, or of lobsters sold for food by licensed
Permits'. " '^' victuallcrs, or of lobsters removed from the shell on the premises where
191!)! 35o! § 43. they are eaten. Said sections shall not prohibit the sale of lobster meat
1929; 372i 5 17. by wholcsalc or retail dealers in lobsters; provided, that the meat is
Chap. 130.] fisheries. 1603
6 removed from the shell at their re<;iilar place of business where lobsters
7 are bought and sold, and that said dealers have a written permit for such
8 sale from the supervisor, and that the lobster meat is so removed and
9 sold under such conditions and regulations as he prescribes; and pro-
10 vided, that the premises where the meat is so removed or sold are at all
11 times open to the inspection of the director, supervisor, wardens and
12 deputies. Such a permit may be granted for the period of one year upon
13 written application to the supervisor and the payment of a fee of ten
14 dollars, and may be revoked by him for the violation by the holder thereof
15 of any provision of the fish and game laws.
1 Section 99. Whoever sells or offers for sale or has in possession an Penalty for
2 uncooked lobster less than nine inches in length, or a cooked lobster less smanloL'ters.
's than eight and three quarters inches in length, measuring from the end II77; \l^' ^ ''
4 of the bone protruding from the head to the end of the bone of the middle f88®4;|V2! ^'^'
5 flipper of the tail of the lobster, extended on its back its natural length, f|gV.li4, § 1.
6 shall be punished by a fine of not less than two nor more than five dollars woo; 428. ^^
7 for every such lobster, one half to the use of the town where the offence i907, 303.
8 is committed and one half to the commonwealth; and in all prosecutions us Mass. seo.
9 under this section any mutilation of a lobster, cooked or uncooked, which Jot mIH'. age!
10 affects its measurement shall be prima facie evidence that the lobster is "op^^Q^Hi
11 less than the required length and the possession of any lobster, cooked
12 or uncooked, not of the required length shall be prima facie evidence of
13 violation of this section. This section shall not apply to common carriers
14 having lobsters in possession for the purpose of transportation.
1 Section 100. Whoever, before a lobster is cooked, mutilates it by Penalty for
2 severing the tail from the body, or has such tail in possession, shall be i89o. 293.'
3 punished by a fine of five dollars; and in all prosecutions under this rL^i'. 91? § 89.
4 section the possession, by any person, of the tail of any uncooked lobster
5 so severed from the body shall be prima facie evidence of violation of
6 this section.
1 Section 101. The commissioner of public safety, upon written re- state police to
2 quest of the commissioner, may detail one or more of the state police to i884?2i2,' § 4.
3 enforce section ninety-nine.
R. L. 91, § 90. 19:9. 350, §5 43. 100. 101. 1929, 372, § 18.
1 Section 102. To enforce section ninety-nine, the supervisor, a Right of
2 warden, deputy, or member of the state police may search in suspected eXrce§99.
3 places for, seize and remove lobsters unlawfully taken, held or offered Hl^i |||; 5 1.
4 for sale.
R. L. 91, 5 91. 1912. 465. §1. 1929. 372, § 19.
1905, 407. 1913. 250. 203 Mass. 516.
1910, 575, § 1. 1919. 350, §§ 43, 102. 2 Op. A. G. 321.
Protection
iter
1 Section 103. No person either as principal, agent or employee shall ^/J'*^;
2 at any time catch lobsters in, or take them from any waters within the ^p^^^^^^■
3 jurisdiction of the commonwealth, or place, set, keep, maintain, supervise, i|92. 403.
4 lift, raise, or draw in or from the said waters, or cause to be placed, set, 1900:230
D kept, maintained, supervised, lifted, raised or drawn in or from the said 1909,265.
6 waters any pot, trap, or other contrivance designed for, or adapted to, §5 i.'j. •
7 the taking of lobsters, unless licensed so to do as provided in the fol- 55'"i°;|.^*'
8 lowing section.
1604
FISHERIES.
[Chap. 130.
Licenses.
1909. 265.
1917, 312,
§§2,3, 7.
1918, 212.
1920, 434,
5§2, 3.
1921, 116,
1922, 161,
1924, 96,
1928, 263,
1929, 372,
Op. A. G.
(1918) 17,
. §1,
§1.
, §3,
Section 104. The clerk of any town in Essex, Middlesex, Suffolk, 1
Norfolk, Plymouth, Barnstable, IBristol, Dukes or Nantucket county, 2
situated on the shores of the commonwealth, shall grant licenses in the 3
form prescribed and upon a blank furnished by the supervisor, to catch 4
or take lobsters from the waters of the commonwealth within three 5
miles of the shores of the county where the town lies. Except as herein- 6
5 20. after provided, such licenses shall be granted only to individuals who are 7
citizens of the commonwealth and who have resided therein for at least 8
one year next preceding the date of the same. The clerk of any such 9
town may grant such a license to any individual who is an alien and who 10
resides in the county where the town lies; provided, that such alien 11
has resided in said county, and has been actually engaged in lobster 12
fishing in the waters of any of the aforesaid counties, for five years next 13
preceding December first, nineteen hundred and twenty. A non-resi- 14
dent citizen of the United States temporarily residing in any town 15
granting such licenses may, during June, July, August and September in 16
each year, upon payment of the fee required by this section procure a 17
license to take lobsters for consumption by the licensee and his family 18
only. Licenses, except those granted to non-residents, shall expire on 19
December thirty-first next succeeding the granting of the same unless 20
sooner revoked as provided in the following section. The town clerk 21
granting a license shall collect therefor a fee of five dollars, which, less 22
fifteen cents to be retained by him, shall be forwarded to the supervisor 23
on the first Monday of the following month, together with coupons 24
provided by the supervisor for a description of the licensee and his 25
buoys, and for such other information as may be required. All books 26
of forms furnished to town clerks under this section shall be returned to 27
the supervisor on January first of each year. Each applicant for a li- 28
cense shall state the color scheme or other special markings of the buoys 29
to be used by him which shall be set forth in his license, and all buoys 30
used by him shall be marked accordingly and also with the licensee's 31
initials or name which shall be branded or cut into the surface of the 32
buoy. A licensee under this section shall at all times, while acting in 33
pursuance of the license, exhibit his license upon the demand of any 34
officer qualified to serve criminal process. 35
Revocation of
license.
1917, 312, § 4.
1920, 434, § 4.
1928, 21.
Section 105. If a licensee under the preceding section is convicted 1
a second or subsequent time within a period of three years of violation 2
of the same or a different provision of the fish and game laws he shall 3
immediately surrender his license to the officer who secured the second 4
conviction, and the license shall be void, and the licensee shall not receive 5
another such license until after the expiration of one year from the date 6
of the second conviction; provided, that a conviction of having short 7
lobsters in possession shall not be counted as a conviction under this 8
section unless more than two per cent in count of the lobsters in posses- 9
sion by the licensee were short lobsters. 10
Report by
licensee, etc.
1917, 312, § 5.
1919. 350, § 40.
1920. 434, § 5.
1929, 372, § 21.
Section 106. A licensee under section one hundred and four shall, 1
before receiving a new license, file on or before October twentieth of that 2
year, a report of his catch with the supervisor as provided in section one 3
hundred and forty-eight. Any person refusing, or knowingly or wilfully 4
neglecting, to make the said report shall not receive a new license until 5
the report is made. The commissioner of conservation shall state in his 6
Chap. 130.] fisheries. 1605
7 annual report the number of licenses granted under section one hundred
S and four.
1 Section 107. No person shall tend, lift, raise or draw a lobster pot ^^°'^^?^°'
2 or trap or take lobsters from such pots or traps except during the period lobster pots.
3 from one half hour before sunrise until one half hour after sunset except
4 that traps may be taken up by the owner at any time when they are
5 endangered by storms.
1 Section lOS. Violation of any provision of sections one hundred and fj^^'^ifi 5 92.
2 three to one hundred and se\en, inclusive, shall be punished by a fine of i909, 265, 1 2.
3 not less than ten dollars.
1920, 434, § 7.
1 Section 109. The supervisor may occupy and use any small estu- investigation
2 aries or creeks within the commonwealth, not exceeding six, for the °ob8ter's,%°c.
3 scientific investigation of the habits, propagation and distribution of fXng ibster
4 lobsters, if such occupation and use does not impair the private rights ^',°;:J,p°,",'^''
5 of any person or materially obstruct any navigable waters. Notice of ll^^^i"^-
6 such occupation shall be conspicuously posted and maintained by the r. l\ o'l,
7 supervisor at the nearest pomts to said estuaries and creeks, and 1919, 350, 5 43.
8 shall be recorded in the registry of deeds in the county where they are ^®^®' ^^"' ^ ^^'
9 situated.
10 Whoever, after the posting and recording of such notice, takes any
11 lobster from any estuary or creek so occupied as aforesaid shall be
12 punished as pro\ided in section ninety-one.
1 Section 110. All barrels, boxes or other packages in transit con- Transportation
2 taining lobsters shall be marked with the word "LOBSTERS" in capital ?egSa°teT
3 letters at least one inch in length, together with the full name of the ^^^^- ^^^' ^ '•
4 shipper. Said marking shall be placed in a plain and legible manner on
5 the outside of such barrels, boxes or other packages, and in case of seizure
6 by any duly authorized officer of any barrels, boxes or other packages in
7 transit, containing lobsters, which are not so marked, or in case of seizure
8 by any such officer of barrels, boxes or other packages in transit con-
9 taining lobsters less than the prescribed length, such lobsters as are
10 alive and less than the prescribed length shall be liberated, and all such
11 lobsters as are of the prescribed length found in such barrels, boxes or
12 packages shall be held and disposed of as provided in section one hundred
13 and thirteen.
1 Section 111. Whoever ships lobsters without having the barrels, PenaWes. ^ _^
2 boxes or other packages in which the same are contained marked as pre-
3 scribed in the preceding section shall for a first otl'ence be punished by a
4 fine of not more than twenty-five dollars, and for a subsequent offence
5 by a fine of not more than fifty dollars; and any common carrier who
6 knowingly carries from place to place lobsters in barrels, boxes or other
7 packages not so marked shall be punished by a fine of not more than
8 fifty dollars, and lobsters shipped in violation of this or the preceding
9 section shall be forfeited to the commonwealth.
1 Section 112. In order to enforce the two preceding sections, the Enforcement
2 supervisor, a warden, deputy, or state police officer may, without a and 111.
1606
FISHERIES.
[CUAV. 130.
1913, 569, § 3.
1919. 350,
§M3, 102.
1929. 372, § 23.
Proceedings
in case of
Beizure of
lobsters.
1913, 569, § 4.
warrant, search any boat, car, box, locker, crate or package and any
building where he has reason to believe any lobsters are being trans-
ported or held for transportation in violation of law, and may seize
and hold any lobsters illegally transported; provided, that this section
shall not authorize the entering of a dwelling house, and shall not apply
to lobsters passing through this commonwealth under authority of
the laws of the United States.
9
Section 113. When any lobsters are seized by virtue of the three pre-
ceding sections, the officer making the seizure shall immediately notify
the shipper thereof, if known, and shall forthwith proceed to enforce, in
accordance with chapter two hundred and fifty-seven, the forfeiture
of such lobsters, so seized, as he is not required to liberate. He shall
cause the appraisal requii-ed by section thirteen of said chapter to be
made within twenty-four hours after the time of such seizure, and after
said appraisal may'sell the said lobsters at such time or in such manner
as he deems proper. He shall pay the proceeds thereof into the court
before which the libel for forfeiture is pending, and the court may decree
a forfeiture of said proceeds, or payment thereof to a claimant, or any 11
other appropriate disposition thereof. 12
8
9
10
Prohibition of
talcing lobsters,
etc., in certain
waters.
1821, 97, § 1.
R. S. 55. I 5.
G. S. 83, § 4.
P. S. 91, § 86.
R. L. 91, 5 95.
Boundaries
defined.
1821. 97, § 2.
R. S. 55, § 6.
G. S. 83, § 5.
P. S. 91, § 87.
R. L. 91, § 96.
Penalty if
certain statutes
have been
accepted.
1839, 85,
§§1.3.
G. S. 83, § 6.
P. S. 91, §88.
R. L. 91, § 97.
Prohibition of
taking lobsters
in waters of
Provincetown.
1821, 102, § 1.
R. S. 55,
§§ 7-9.
G. S. 83,
§§7-9.
P. S. 91.
§§89-91.
R. L. 91, § 98.
FISHING FOR LOBSTERS, TAUTOG, ETC., IN CERTAIN WATERS.
Section 114. No person living without this commonwealth shall
take any lobsters, tautog, bass or other fish within the harbors, streams,
or waters of Fairhaven, New Bedford, Dartmouth or Westport for the
purpose of carrying them thence in vessels or smacks of any size what-
ever owned without this commonwealth, nor in any of more than fifteen
tons burden owned within this commonwealth, under a penalty of ten
dollars for each offence and a forfeiture of all fish and lobsters so taken.
Section 115. For the purposes of the preceding section, the waters
and shores of the places therein mentioned shall be deemed to extend
from the line of the state of Rhode Island to the line of Plymouth count\-,
and to include all the waters, islands and rocks lying within one mile of
the main land.
Section 116. If, within the harbors, streams, or waters of any town
on the sea coast which accepts this section or has accepted corresponding
provisions of earlier laws, a person who lives without the commonwealth
takes, for the purpose of carrying thence, any lobsters, tautog, bass,
bluefish or scuppaug, or if a person who li\es in this commonwealth takes
and carries away from such place any such fish or lobsters in vessels or
smacks of more'than fifteen tons burden, he shall forfeit not more than
twenty dollars, and all the fish and lobsters so taken.
Section 117. No person shall take lobsters within the waters and
shores of Provincetown for the purpose of carrying them from said
waters in a vessel or smack of more than fifteen tons burden, or for the
purpose of putting them on board of such vessel or smack to be trans-
ported to any place, unless a permit is first obtained therefor from the
selectmen of said town, who may grant the same for such amount, to
be paid to the use of the town, as they deem proper. Whoever violates
this section shall forfeit ten dollars; and a further amount of ten dollars
1
2
3
4
5
1
2
3
4
5
6
7
8
1
2
O
4
5
6
7
8
Chap. 130.] fisheries. 1607
9 for every hiinflred lobsters over the first hundred taken or found on hoard
10 of any such vessel or smack, and in that projiortion for any smaller
11 number. For the purposes of this section, the waters and shores of
12 Provincetown shall be deemed to be as follows: beginning at Race
13 Point, one half mile from the shore, and thence running by said shore to
14 the end of Long Point which forms the harbor of Provincetown, and
15 from the end of Long Point one half mile and including the harbor
16 within the town of Provincetown.
OYSTERS.
1 Section 118. Whoever takes oysters from their beds, or destroys Penalty for
2 them or wilfully obstructs their growth therein, except as is provided in destr^y'ing
3 the following sections, shall forfeit two dollars for every bushel of oysters, uf^t,
4 including the shells, so taken or destroyed. ^5, § i.
1771-2, 13, §§ 1, 2. R. S. 55, § 11. P. S. 91, § 93. 13 Allen, 541.
1795,71,5 1. G. S. 83, §11. R. L. 91, § 100. 221 Mass. 323.
1 Section 119. The aldermen of a city or selectmen of a town where selectmen may
2 there are oyster beds may grant a written permit to any person to take fakl ojXrl.*°
3 oysters from their beds at such times, in such quantities and for such W^t't ^^'
4 uses as they shall express in their permit ; but every inhabitant of such ^^^' H- 1 J^
5 city or town, except Yarmouth, may, without such permit, take oysters fg^l jq'-^ ^^•
6 from the beds therein for the use of his family, from September first to p. s.'gi, §94.
. • 1SQ2 74
7 June first, not exceeding in any week two bushels, including the shells, r. l'. 91, § 101.
7 Met. 438. 221 Mass. 323.
1 Section 120. The aldermen of any city, or the selectmen of any Granting of
2 town, in Barnstable, Bristol, Dukes or Nantucket county, may, after a cuftlvationof''
3 public hearing, grant to any inhabitant of such city or town, or to a BaSaWe,
4 firm composed of inhabitants thereof, or to a domestic corporation, a and Nantucket
5 license for a period of fifteen years to plant, grow and dig oysters, or to Boundaries,
6 plant shells for the purpose of catching oyster seed upon and in any 1914,597,
7 territory below mean low water mark, within the limits of the city or
8 town, and within the limits specified in the license, on such terms and
9 conditions as they deem proper, not, however, so as materially to ob-
10 struct navigable waters. Such license, when granted, may be trans-
11 ferred to any person to whom it might originally have been granted,
12 subject to the approval of the authorities granting it. Any such license
13 may, within two years before the expiration of the same, be renewed for
14 a further term of fifteen years, after a public hearing. All territory for
15 which a license is granted shall be designated by suitable bounds, con-
16 sisting of stakes or buoys, one at each of the several corners of every
17 grant, so that the boundaries thereof may be evident at high and low
18 tide; and the said bounds shall be maintained by the licensee under
19 penalty of forfeiture of the license. The aldermen and selectmen shall
20 keep at their offices records open to public inspection of each license,
21 describing by metes and bounds the waters, flats and creeks so licensed,
22 and a map or chart of all such licensed property.
1 Section 121. Every licensee shall be required to submit on oath Licensees to
2 to the aldermen, or selectmen, or to a duly authorized inspector appointed J^port?et'c"^
3 by them, an annual report of the total number of bushels of oysters ^^^*' ^^^' ^ ^'
4 planted or produced upon the territory covered by the license, and an
5 estimate of the total number of bushels of oysters at that time planted
1608
FISHERIES.
[Chap. 130.
or growing upon said territory, and if the total amount falls below fifty 6
bushels per acre, on any grant less than six acres, or if said inspector, 7
after due examination, finds that the quantity of oysters planted or 8
growing is less than fifty bushels per acre on any grant less than six 9
acres, or less than five hundred bushels on any grant over six acres, for 10
three consecutive years, then the license may be declared forfeited and 11
the grant shall revert to the place where situated. 12
Application for
license, etc.
1914, 597, § 4.
Section 122. Any inhabitant, firm or corporation, qualified as pro- 1
vided in section one hundred and twenty and desiring to obtain a license 2
thereunder, shall present to the aldermen or selectmen a written applica- 3
tion setting forth the name and address of the applicant, a reasonably 4
definite description of the desired territory, and shall petition that the 5
applicant be registered, that the territory be surveyed, that a plan or 6
map be made, and that such license be granted to the applicant. When 7
such license is granted, the authorities granting it shall, after the sur- 8
vey is made, locate the corners for the licensee without charge, but the 9
relocation of corners shall be at his expense. 10
Fees.
1914, 597, § 5.
Section 123. Every such licensee shall pay an annual fee per acre, 1
the amount of which shall be fixed for the term of five years according 2
to a just and equitable valuation by the authorities granting such license 3
or by their duly appointed agents, under penalty of forfeiture of the 4
license if the rental is not paid within six months after it becomes due. 5
The money received from the annual fees may be expended, so far as 6
may be necessary, for the protection and surveying of the grants, and 7
the remainder shall be paid to the city or town. 8
nimbertobe SECTION 124. Every such licensee shall have the number of his 1
i9u*"597' § 6 license painted in letters at least two inches in height in a conspicuous 2
place on his buoys, or on flags attached to stakes. 3
Jys^'e°rf between SECTION 125. No Hccnsee or other person shall dig, take or carry 1
p?oMbit'ed"'^ away any oysters or shells from any waters, flats or creeks, between one 2
1914, S97, § 7. hour after sunset and one hour before sunrise, by any method whatever. 3
Penalty for
injuring
boundary
marks, etc.
1914, 597, § 8.
Section 12G. Whoever wilfully injures, defaces, destroys or removes 1
any mark or bound used to define the extent of any such license or grant, 2
or places any unauthorized mark thereon, or ties or fastens any boat or 3
vessel thereto, shall be punished by a fine of not less than three nor more 4
than twenty dollars and shall be liable in tort for double damages and 5
costs to the licensee injured by such act. 6
Penalty for
injuring or
unlawfully
taking planted
oystora.
1914, 597, 5 9.
Section 127. Whoever works a dredge, oyster tongs or rakes, or 1
any other implement for the taking of oysters upon any territory offi- 2
cially designated as licensed, or in any way disturbs the growth of planted 3
oysters, without the consent of the licensee during the continuance of 4
such license, or discharges any substance which may directly or iiuli- 5
rectly injure the planted oysters, shall for the first oft'ence be punished G
by a fine of not less than five nor more than one hundred dollars, and 7
for a subsequent ott'ence by a fine of not less than one hundred nor more 8
than two hundred dollars or by imprisonment for not more than six 9
months, or both. 10
Chap. 130.] fisheries. 1609
1 Section 128. Whoever wilfully breaks up, damages or injures any Penalty for
2 bed of oysters, or any tract of land leased from the commonwealth or fcoop"ings?"rc.',
3 licensed by any town for an oyster bed, by depositing thereon earth, bedByctc"!
4 stones or dredging, or scoopings, shall be punished by a fine of not less *^"' ^^^- ' '°-
5 than twenty-five nor more than five hundred dollars.
1 Section 129. The supervisor, a warden, deputy, police officer or Arrest and
2 constable witnessing the commission of any act prohibited by the nine offend'ere."'
3 preceding sections shall, without a warrant, arrest the ofl'ender and de- 1929] 372; § Mi
4 tain him until an application for a warrant may be made.
1 Section 130. To protect the purity of oysters, no territory in pol- ^Ve'^Santed
2 luted water shall be granted for the growing of oysters for market. The '^^"^1°""*'''^
3 licensing authorities and inspectors appointed under section one hun- i9i4, S97, § 12.
4 dred and twenty-one may make examinations necessary to ascertain
5 the sanitary condition of the waters over and adjacent to the oyster pro-
6 ducing area, and may give written certificates of the sanitary condition
7 thereof.
1 Section 131. In cities and towns in counties not mentioned in sec- Granting of
2 tion one hundred and twenty, the aldermen or selectmen may grant a counuls'not
3 written license for a term not exceeding fifteen years to any inhabitant u^la '' ^^
4 thereof to plant, grow and dig oysters at all times of the year, or to plant i84™'^f|2°°'
5 oyster shells for the purpose of catching oyster seed, upon and in any ^j ^^f^,
6 waters, flats and creeks therein, at any place where there is no natural iseg, 172, § s.
7 oyster bed; not, however, impairing the private rights of any person, nor §§'97-99.
8 materially obstructing any navigable waters. Such license shall describe Isst'. 220!
9 by metes and bounds the waters, flats and creeks so appropriated and Use. 299, 51.
10 shall be recorded by the city or town clerk before it shall have any force, ^^l' |^^-
11 and the licensee shall pay to the aldermen or selectmen, to the use of MA"*"'^^-
12 the city or town, two dollars, and to the clerk fifty cents. The shore 132 Masa'. 297.
13 line of such licensed premises shall be the line of mean low water for is 1 Mass 227.'
14 the planting and growing of oysters, and the line of high water for the 229 Mass! iss!
15 planting of oyster shells, but this section shall not authorize the placing 2 0p. a. g. 431.
16 of such shells upon the land of a riparian owner between high and low '/§''i'32!'i33.i
17 water mark without his written consent. Such license shall not be granted
18 until after a public hearing, due notice of which shall have been posted
19 in three or more public places in the city or town where the premises
20 are situated at least seven days before the time fixed for such hear-
21 ing, and shall be granted, assigned or transferred only to inhabitants
22 of the city or town where the licensed premises are situated, and shall
23 not be assigned or transferred without the written consent of the alder-
24 men or selectmen. The licensee, his heirs and assigns shall, for the pur-
25 poses aforesaid, have the exclusive use of the waters, flats and creeks
26 described in the license during the time therein specified; and may, in
27 tort, recover treble damages of any person who, without his or their
28 consent, digs or takes oysters or oyster shells from such waters, flats
29 or creeks during the continuance of the license. If the licensee fails
30 for two years after the license has been granted to plant and grow oysters
31 or to plant oyster shells in the waters, flats or creeks described in the
32 license, it shall be revoked by the officers who granted it and the revo-
33 cation shall be recorded by the city or town clerk.
1610
FISHERIES.
[Chap. 130.
uk"ngo°yster9 SECTION 132. No person shall dig, take or carry away any oysters
p%*' 9^5 100 or oyster shells between one hour after sunset and one hour before sun-
1884, 284. § 1.' rise, by any method whatever, from any waters, flats or creeks for which
ifl;!'*^' a license has been granted under the preceding section. A licensee vio-
R.^L. 9i"'§Vib. lating said section shall, in addition to the other penalties provided, for-
229 Mass. 185. ^^j^ j^j^ Hcense and the oysters remaining on the licensed premises.
1
2
3
4
5
6
Penalty for
taking oysters
from licensed
fiats without
permission.
1878, 179, § 2.
P. S. 91, § 101.
1884, 284, § 1.
1895, 282, § 1.
R. L. 91, § 111,
136 Mass. 456.
Section 133. Whoever violates the preceding section, or whoever, 1
without the consent of the licensee, digs or takes any oysters or oyster 2
shells from any waters, flats or creeks described in any license granted 3
under section one hundred and thirty-one during the continuance of 4
such license, shall be punished by a fine of not more than one hundred 5
dollars or by imprisonment for not less than one nor more than six 6
months, or both. '
Penalty for
using dredge,
etc., upon
private oyster
beds.
1885, 220, § 5.
R. L. 91, § 112.
Section 134. Whoever works a dredge, oyster tongs or rakes, or any 1
other implement for the taking of shellfish of any description, upon any 2
oyster grounds or beds covered by a license under section one hundred 3
and thirty-one, without the consent of the licensee, lessee or owner 4
thereof, or whoever, while upon or sailing over any such grounds or beds, 5
casts, hauls, or has overboard any such dredge, tongs, rake or other im- 6
plement for the taking of shellfish of any description, under any pretence 7
or for any purpose whatever, without the consent of the licensee, lessee 8
or owner, shall, for the first offence, be punished by a fine of not more 9
than twenty dollars or by imprisonment for not more than one month, 10
and for a subsequent oft'ence, by a fine of not more than fifty dollars or 11
by imprisonment for not more than six months. 12
Penalty for
taking shellfish
other than
oysters,
except, etc.
1771-2, 13, § 3.
1795, 71, § 2.
1798, 14, § 1.
1799, 19, § 1.
1808, 28.
1830, 2.
R. S. 55, § 13.
1838, 110; 113.
1839, 84.
1840, 9.
1842, 10.
G. S. 83,
P. S. 91,
il3.
GENERAL PROVISIONS RELATIVE TO SHELLFISH.
Section 135. Whoever takes any shellfish, other than oysters, from 1
their beds, or destroys them or wilfully obstructs their growth therein, 2
except as is provided in this chapter, shall forfeit one dollar for every 3
bushel of such shellfish, including the shells. But the aldermen of a 4
city or selectmen of a town may at any time give a written permit 5
to any person to take such shellfish from their beds therein, at such 6
times, in such quantities and for such uses as they shall express in their 7
permit; but every inhabitant of each of said places may, without such 8
permit, take such other shellfish from the beds therein for the use of 9
his family. 10
R. L. 91, § 102
7 Met. 438.
13 Allen. 541.
155 Mass. 10.
221 Mass. 323.
224 Mass. 39.
Indians not
within pro-
hibition of
§^ 118. 119
and 135.
1795, 71, § 5.
1798, 14, § 2.
R. S. 55, § 15.
G. S. 83, § 15.
1867, 70.
1872. 46, § 2.
Section 136. Sections one hundred and eighteen, one hundred and 1
nineteen and one hundred and thirty-five shall not depri\e native 2
Indians of the privilege of digging shellfish for their own consumption, 3
or prevent a fisherman, an inhabitant of the commonwealth, from tak- 4
ing shellfish which he may need for bait, not exceeding at any one time 5
seven bushels, including the shells. 6
p. S. 91, §96. R. L. 91, § 103. 13 Allen, 541.
Contaminated SECTION 137. The department of public health, in this and the two 1
areas. Deter- «,,. . iiiii • p • o
mination, pub- following scctious callcd tlic (k'])artinent, shall examine from tune to J
posting, etc. time the tidal waters and flats in the commonwealth and samples of the 3
Chap. 130.] fisheries. 1611
4 shellfish therein in order to determine what areas thereof are so contami- looi, iss,
5 nated that shellfish obtained therefrom are unfit for food or dangerous ii. l. 9i, § lis.
6 to the public- health. The department shall determine and promulgate Igir.lsfo. 1 1!*'
7 definite bounds of areas found to be contaminated as aforesaid and ^'ei Mass! 5io.'
8 shall publish in a newspaper published in the town in which or adjacent
9 to which any such contaminated area is situated, the results of its
10 examination in relation thereto, and shall cause to be posted at points
11 on or near any such area a description thereof specifying said bounds,
12 and a statement that such area is contaminated. The department shall
13 also notify the division of fisheries and game of the department of con-
14 servation of its determination as aforesaid.
1 Section 138. Whoever, without the written approval of the super- Penalty for
2 visor, digs or takes shellfish for any purpose from any area determined shciTfil'h''fr°o'm
3 under the preceding section, or corresponding provisions of earlier laws, a™as,"'m-''""*
4 to be contaminated and while such determination is in force, or who- P^rtmcatel °'
5 ever knowingly transports or causes to be transported or has in pos- ^*^„t b"'"""'
6 session shellfish so taken, or whoever makes use of a certificate issued wardens and
7 under section one hundred and thirty-nine after its revocation or can- 1901,^33, § 3.
8 cellation as therein provided or wilfully fails to surrender the same at 1907! 235, m*"
9 the request of said supervisor, shall be punished by a fine of not less {920; 370; § 1.
10 than twenty nor more than one hundred dollars or by imprisonment }^|*; ^66, § 1^
11 for not more than thirty days, or both. The provisions of this section 22: Mass! 323.
1 i^i*'i* • PI • 1 n ^ I 2t)l Mass. 510.
12 shall be eniorced, under the direction or the supervisor, by tisn and
13 game wardens and deputy fish and game wardens of the division of
14 fisheries and game of the department of conservation assigned to en-
15 force the shellfish laws and by all other officers authorized to make
16 arrests. The superior court shall have jurisdiction in equity to enforce
17 the provisions of this section and section one hundred and thirty-nine
18 and of the rules and regulations of the department of public health made
19 under said section one hundred and thirty-nine, and to restrain the vio-
20 lation thereof. In any prosecution for a violation of the provision of
21 this section prohibiting the digging or taking, without the written
22 approval of the supervisor, of shellfish from areas determined to be
23 contaminated, possession, except by a common carrier, of shellfish
24 apparently so dug or taken shall be prima facie evidence of a violation
25 of such provision.
1 Section 1.39. Subject to such rules and regulations as it may Certificates of
2 promulgate, the department shall issue certificates relative to the con- 1926, 370! § 1.
3 dition of the tidal waters and flats and shellfish taken therefrom, in 261 Mass! sio.
4 respect to contamination, and, upon the request of and the payment [jurisdiction
5 of a fee of ten dollars by a person who buys shellfish or maintains an comr§'i38.i
6 establishment for packing shellfish and desires to ship the same out-
7 side the commonwealth, and, upon the request of and the payment of
8 a fee of two dollars by a person who digs or takes shellfish and desires
9 to ship the same outside the commonwealth, the department may an-
10 nually issue certificates relative to the condition of the establishment
11 or equipment of such person. The said certificates shall be in such
12 form as will most effectively safeguard the public health and meet the
13 provisions of the laws, rules, regulations or requirements of the United
14 States as to interstate commerce in shellfish and of other states in rela-
15 tion to the importation, inspection and consumption of shellfish within
16 their respective limits. The department may also promulgate rules
1612
FISHERIES.
[Chap. 130.
and regulations relative to the form, contents and use of said certifi- 17
cates to such extent as may be necessary to safeguard the public health 18
and to enable the shellfish industry to comply with the said provisions. 19
The commissioner of public health may revoke and cancel and require 20
the surrender of any certificate issued under this section, if, in his 21
opinion, after a hearing by the said commissioner or some person desig- 22
nated by him, the holder thereof is guilty of violating any such rule 23
or regulation or any provision of this or the preceding section, or upon 24
a change in the facts and conditions set forth in such certificate. Pend- 25
ing the hearing the certificate shall be deemed to be suspended. 26
Section 140. [Repealed, 1926, 370, § 1.] 1
Section 141. [Repealed, 1926, 370, § 1.] 1
Section 142. [Repealed, 1926, 370, § 1.] 1
Taking, puji- Section 142A. The supervisor may grant and revoke written per-
of shellfish ' rnits for the digging or taking of shellfish from an area determined
laminated Under scction one hundred and thirty-seven or corresponding provi-
fated. "penalty, sions of earlier laws to be contaminated, upon the express condition,
193a 235! which shall be set forth in the permit, that all shellfish dug or taken
therefrom by the holder of such a permit shall, before being used or
disposed of for consumption as food, be purified at a plant approved 7
in writing by the commissioner of public health as to the location, con- 8
struction and operation thereof and as to the person in immediate 9
charge thereof; provided, that said commissioner shall not so approve 10
any such plant unless requested in writing so to do by the city council 11
or the selectmen of the city or town wherein said plant is located. Said 12
commissioner may revoke approval of a plant at any time upon receipt 13
of evidence satisfactory to him of violation of any condition upon which 14
such approval is based or of any rule or regulation promulgated by the 15
department of public health under this section, and such revocation 16
shall be final. Said department may from time to time promulgate rules 17
and regulations to carry out the provisions of this section, ^'iolation of 18
a condition contained in a permit granted by the supervisor hereunder 19
shall render the holder thereof liable to the penalties set forth in section 20
one hundred and thirtv-eight. 21
Deputy fish
ana Kame
wardens,
appuintnient
powers, etc.
1928, 323.
1929, 372, §
Section 142B. At the request of the city council of a city or the
selectmen of a town, the supervisor may appoint from a list of names to
be submitted to him by said city council or selectmen one or more
20. deputy fish and game wardens who shall supervise the digging, taking
and purification of shellfish provided for by section one hundred and
forty-two A and enforce all laws, rules and regulations relative to shell-
fish, and for such purpo.se they shall have all the powers of deputy fish
and game warflens appointed imder section se\'en of chapter twenty-
one. Deputy fish and game wardens appointed hereunder shall serve
without compensation from the commonwealth, but may be paid by the 10
city or town for which they are appointed such compensation as shall 11
be determined by it. 12
9
Chap. 130.] fisheries. 1613
1 Section 143. Cities by a two thirds vote of the city council, and p't'esand
•^ , . towns may
2 towns by a two thn-ds vote at a town meeting, may appropriate money make appro-
3 for the cuUivation, propagation and protection of shellfish. The alder- cultivation.
4 men or selectmen, when so authorized by their respective cities or towns, Lh! °May '
5 may declare from time to time a close season for shellfish for not more seasoni ctc^"
6 than three years in such waters or flats within the limits of their respective *^'^' ^*^' ^ *•
7 cities and towns as they deem proper, and may plant and grow shellfish
8 in such waters and flats; provided, that no private rights are impaired,
9 and provided, that when any close season, declared as aforesaicl, shall
10 have ended, the flats and waters so closed shall be opened subject to
11 section eighty-four and any special laws.
1 Section 144. Whoever takes shellfish in violation of the preceding Penalty, etc.
2 section shall be punished by a fine of not less than three nor more than ^ "'*' ^*^' ^'
3 fifty dollars. Any officer qualified to serve criminal process, and con-
4 stables designated under section one hundred and fifty-two, shall, with
5 all the powers conferred by said section, enforce this section.
1 Section 144A. No person shall transport, or cause to be trans- importation
2 ported, into this commonwealth, for consumption as food, any shell- sheiiSh °
3 fish taken or dug from grounds outside the commonwealth, or sell, cause groSnds°™
4 to be sold, or oft'er or expose for sale, for consumption as aforesaid, any monwIaUh"
5 shellfish so taken or dug, unless there is on file in the department of pub- p^n'jJu'''''
6 lie health a paper, approved by said department, in which the state i928, 269.
7 board or department of health or other board or officer having like
8 powers of the state where such grounds are situated states that such
9 grounds are free from contamination and also a paper approved as
10 aforesaid in which such state board or department of health or other
11 board or officer having like powers states that the establishment and
12 equipment of the person shipping the same into the commonwealth are
13 in good, sanitary condition; provided, that the foregoing provisions
14 relative to transportation shall not apply to common carriers, their
15 servants or agents. No such paper shall be approved by the depart-
16 ment of public health which does not meet the provisions of the laws,
17 rules, regulations and requirements of the United States as to interstate
18 commerce in shellfish. Whoever violates any provision of this section
19 shall be punished by a fine of not less than twenty nor more than fifty
20 dollars, or by imprisonment for not more than thirty days, or both.
21 The provisions of this section shall be enforced by local boards of health.
REGULATION OF FISH WEIRS, NETS, PURSES AND SEINES.
1 Section 145. The aldermen of a city and the selectmen of a town Town officers
2 lying upon tide water, may, in writing, authorize any person to con- fis!?'we"irs,°etc'!
3 struct weirs, pound nets or fish traps in tide water in locations not only p*|®'/i°'§ VJ;
4 where no harbor lines exist but also in locations beyond established har- Jj^^j^' |^^'5\jy
5 bor lines, within the limits of such city or town, for a term not exceed- isjs. 533.
6 ing five years, upon such terms and subject to such regulations, as wis! 27!
7 the aldermen and the selectmen may, in their discretion impose, but no § 113. ° '
8 authority or license so given shall be valid unless approved in writing Jgs}; fgi,
9 by the department of public works, upon such terms and subject to such le^Qray. 290.
10 conditions as it may, in its discretion, impose.
2 Op. A. G. 25, 631. 3 Op. A. G. 18.
1614
FISHERIES.
[Chap. 130.
uru?m iuch Section 146. Whoever wilfully destroys or injures any such weir,
fi'sh'w|irs /^ pound net or fish trap, or takes fish therefrom without the consent of the
p.'s.'gi.'iTi'. owner, shall forfeit not more than twenty dollars to the use of the owner,
R. L. 91, i 117. ^^^^ ^j^^jj ^^ jj^j^j^ .^ ^^ action to the person injured.
fonstt'uct°ng SECTION 147. Whoever constructs or maintains a weir, pound net
unauthorized ^^ ggj^j ^j.^p jjj ^jjg watcr without the authority mentioned in section one
i87^7"Ti9:_^^ hundred and forty-five and, if from an island in tide water, without
R. L. 91, §118. written authority from the aldermen of every city and the selectmen
of every town which is distant not over two miles from said island, shall
forfeit ten dollars for each day he maintains such weir, pound net or
fish trap; and he may be enjoined therefrom.
Owners of fish
weirs, lobster
pots, etc., to
make returns.
Lobster cars
to be marked.
Penalty.
1876, 104.
1881, 28.
P. S. 91,
§§73-75.
1889, 109,
§5 2,3.
1901, 290.
R. L. 91, § 119.
1929, 372, § 27.
Section 148. The owner of every pound net, weir, fyke net or sim-
ilar contrivance, of every fishing pier, seine, drag or gill net, lobster pot
or trap used in any of the waters of the commonwealth for fishing pur-
poses, shall annually, on or before October twentieth, make a written
report, on oath, to the supervisor of the number of pounds and the value
of each kind of edible fish caught by his pound net, weir, fyke net or
similar contrivance, pier, seine, drag or gill net, and the number and 7
value of lobsters taken by him in pots or traps, during the year last 8
preceding the date of said report, and the nimiber and value of the 9
devices used in such catching or taking, and the number of persons 10
employed therein; and for such purpose, the supervisor shall annually, 11
on or before March fifteenth, provide him, upon his application, with 12
suitable blank forms for such reports, so arranged that each month's 13
catch may be separately recorded thereon; and, in filling out such 14
reports, such owner shall give the results of each month's fishing, so far 15
as practicable. Such owner shall apply to the supervisor for such blank 16
forms. The owner of any cars or other contrivances used for keeping 17
lobsters shall have his name and residence legibly marked thereon. 18
Whoever knowingly and wilfully violates any provision of this section 19
shall be punished by a fine of not less than ten nor more than one bun- 20
dred dollars. 21
Penalty for
taking fish,
etc.. from
traps, etc.
1882, 53.
R. L. 91, § 131
MISCELLANEOUS PROVISIONS.
Section 149. Whoever takes any fish or lobster from a trap, trawl 1
or seine set for catching fish or lobsters, without the consent of the owner 2
thereof, and whoever wilfully molests or interferes with such trap, trawl 3
or seine, shall, for the first offence, be punished by a fine of not less than 4
five nor more than twenty-five dollars or by imprisonment for one month, 5
or both; and for a subsequent offence, by a fine of not less than twenty 6
nor more than fifty dollars or by imprisonment for two months, or both. 7
Section 150. [Repealed, 19.30, 393, § 1.]
Section 151. [Repealed, 1930, 393, § 1.]
^r'^sc"Stl° Section 152. The mayor of a city or the selectmen of a town may 1
1885, 220 § 6. designate one or more constables for the detection and prosecution of 2
193 Mas's. 280.' aiiy violation of the laws of the commonwealth relative to shellfisheries. 3
Such constables may arrest without a warrant any person found violat- 4
Chap. 130.] fisheries. 1615
5 ing such laws, and detain him until a warrant for arrest for such viola-
G tion may be applied for; and may seize any boat or vessel used in such
7 violation, and her tackle, apparel, furniture and implements, which
8 shall be forfeited.
1 Section 153. [Repealed, 1930, 393, § 1.]
1 Section 154. [Repealed, 1930. 393, § 1.]
1 Section 155. A bounty of two dollars shall be paid to every person Bounty
2 killing a seal in the commonwealth provided that within ten days there- Certificate.
3 after he exliibits to any town treasurer the whole skin of the seal, with Isss.'mV.
4 the nose in the same condition as at the time of the killing, and signs and ]^^l- 1]*-^ 139
5 makes oath to a certificate stating the date and place of killing, that J^os, 76^
6 he killed the seal and that it was killed in this commonwealth. The
7 treasurer shall thereupon cause to be cut off and burned the nose of the
8 seal, wholly destroying it, and shall pay the said bounty, taking the
9 claimant's receipt therefor and shall then forward to the state treasurer
10 the said certificate with a statement that he has paid the said bounty in
11 accordance herewith, and that the claimant personally appeared before
12 him and made oath as aforesaid. The state treasurer shall then pay to
13 the town treasurer the sum of two and one half dollars, of which sum
14 fifty cents shall be retained by the town treasurer as a fee for his serv-
15 ices hereunder. Whoever obtains the bounty herein provided for by
16 a false representation, or whoever brings into the commonwealth a seal,
17 whether aliv-e or dead which was not taken or killed in this common-
18 wealth or in the waters thereof, for the purpose of obtaining the said
19 bounty, shall be punished by a fine of not less than fifty nor more than
20 five hundred dollars.
kelp and seaweed.
1 Section 156. Any person may take and carry away kelp or other Kelp, etc.,
2 seaweed between high and low water mark while it is actually adrift in t.ssg, '247.
3 tide waters; but for such purpose no person shall enter on upland or on ° | |f; Ifo'e.
4 lawfully enclosed flats without the consent of the owner or lawful occu- ^^en.^sw!^"
5 pant thereof. This section shall not apply to any town where the sub-
6 ject matter thereof is regulated by special laws.
general provision.
1 Section 157. This chapter shall not affect any provisions or penalties spedai laws
2 contained or any privileges granted in any special statutes relating to g° s. ss, § 2'.
3 fisheries in particular places.
1S69, 3S4, §§ 7, 22, 26. P.S. 91, §105. R. L. 91, § 13S.
1616 POWERS AND DUTIES OF THE DIVISION OF FISHERIES AND GAME. [ChAP. 131.
CHAPTER 131.
POWERS AND DUTIES OF THE DIVISION OF FISHERIES AND GAME.
GAME AND INLAND FISHERIES.
Sect.
definitions.
1. Definitions.
GENEKAL PROVISIONS.
2. Suspension, etc., of licenses, etc.
3. Disposition of certain fines, etc.
4. Authorized entry upon private
lands.
LICENSES.
Licensing of hunters, trappers and
fishermen regulated.
Sporting or trapping licenses. Form,
contents. Penalty.
Same subject. To whom granted,
etc.
Same subject. Fees. Annual re-
ports.
City or town clerk's fee.
Duplicate license. Fee.
Record of licenses issued. Penalty.
Non-resident licensees entitled to
carry from state fish, etc., legally
taken.
Penalties for violation of §§ 5-12.
6.
8.
9.
10.
11.
12.
13.
MISCELLANEOUS POWERS AND DUTIES OF
DIRECTOR, WARDENS, ETC.
14. Enforcement of laws. Badges, weap-
ons, etc.
15. Penalty for impersonation, etc.
16. Powers of director, supervisor, etc.
17. Arrest without warrant.
18. Search and seizure of fish, birds or
mammals illegally taken.
19. Search warrants.
20. Display of fish, etc., upon demand.
Penalty.
21. Same subject. Additional penalty.
22. Destruction of certain old docu-
ments.
23. Investigation as to fish, birds or
mammals.
24.
25.
26.
27.
FISH AND FI.«HING.
Establishment of properties for
propagation of fish, etc.
Acquisition of fishing rights in
brooks, etc. Rules and regula-
tions; penalty.
Stocked waters to be free for public
fishing.
Penalty for illegally entering build-
ings, etc., used in scientific in-
vestigations or for propagation.
Sect.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
Director, etc., may take fish, etc.,
for certain purposes.
Discharge of waste material into
certain inland waters regulated.
Penalty.
Penalty for poisoning, etc., fish.
Exceptions.
Seizure and removal of illegal ob-
structions to the passage of salt
water fish. Examination of dams,
etc. Court enforcement of orders.
Penalty for not keeping fish way
open.
Improvement or construction of fish
ways, etc.
Compensation for land taken.
Screening of ponds, brooks and
streams regulated.
Great ponds to be public.
Director may occupy certain ponds.
Notice of such occupation.
Penalty.
Stocking great ponds with fish.
Setting apart portions of great ponds
as breeding areas authorized.
Penalty.
Fishing in Mill pond.
Measuring of ponds.
Exclusive fishery of riparian owners.
Stocking ponds with fish.
Acquisition of exclusive fishery.
Penalty for taking fish in certain
ponds.
Use of nets in inland waters regu-
lated.
Restrictions on taking of fish fre-
quenting fresh water, etc. Pen-
alty.
Fishing with sweep seines.
Permits for possession, etc., of fish
artificially propagated.
Enclosure of non-navigable brooks
or streams.
Ownership of fish artificially propa-
gated.
Penalty for fishing where fish are
artificially propagated.
Owners of certain streams to con-
trol fisheries. Obstr\iction of pas-
sage for salt water fish prohibited.
Buying, seUing, etc., of certain fish
regulated.
Possession, etc., of trout regulated.
Hours for fishing for trout estab-
lished.
Limit of catch.
Chap. 131.] powers and DtrriES of the division of fisheries and game.
1617
Sect.
59A. (Now § 105A.]
60. Restricted trout-breeding areas in
Deerficld river.
61. Regulations for taking of salmon.
Penalty.
62. Close season for pickerel.
63. Restrictions as to taking, etc., of
certain fish. Pickerel.
64. Same subject. White perch.
65. Same subject. Wall-eyed pike or
pike perch.
66. Same subject. Great northern pike
or muscallonge.
67. Same subject. Black bass.
68. Same subject. Horned pout or yel-
low perch.
69. Penalty for fishing with floats.
70. Penalty for introduction of certain
fish into state waters.
71. Taking shiners for bait regulated.
Duplicate certificate, fee.
72. Penalty for violations of §§ 24-71.
73. Sections 5-71 not to affect certain
provisions or penalties.
HtTNTING AND TRAPPING.
74. Certain alien residents prohibited
from hunting, etc. Penalty.
75. Director to be notified of seizure of
firearms, etc.
76. Arrests.
77. Penalty for killing wild birds. Ex-
ceptions.
78. Taking of woodcock, etc., for sci-
entific purposes regulated.
79. Possession of body or feathers of
birds penalized.
80. Protection of homing pigeons.
81. Close seasons, etc., in times of
drought. Proclamation, etc.
82. Certain laws in force during such
close seasons. Penalties.
83. Sunday to be close season. E.\cep-
tion.
84. Close season for ruffed grouse.
85. Close season for quail.
86. Bag limit for ruffed grouse and
quail.
87. Restrictions as to hunting, etc., of
shore birds, etc.
88. Importation or liberation of live
game birds, etc., regulated. Pen-
alty. Confiscation of diseased
birds, etc.
89. Hunting, etc., of pheasants regu-
lated.
90. Open season for pheasants.
91. Pheasant doing damage may be
killed.
92. Districts wherein permits to hunt
ruffed grouse may be used, board
to define, etc. Powers, duties,
etc.
Sect.
93. Close season, etc., for gray squirrels.
Bag limit.
94. Hunting, etc., of hares and rabbits
regulated.
95. Hares or rabbits not to be trapped,
etc. Use of ferret regulated.
96. Hunting or trapping of rabbits or
hares doing damage to fruit trees
regulated.
97. Close season for certain fur-bearing
animals.
98. Restrictions as to setting traps.
99. Setting traps to protect property.
Reports.
100. Penalties for violations of §§ 97-99.
101. Penalty for discharging firearms
upon or near certain highways.
102. Taking of birds by snares, etc.,
penalized.
103. Use of poison in killing mammals
penalized.
104. Use of snares, etc., in killing mam-
mals penalized. Exception.
105. Use of certain traps penalized.
105A. Same subject. Exception.
106. Failure to visit trap penalized.
107. Use of scented bait penalized.
108. Deer not to be killed except when
doing damage. Penalty. Re-
ports.
109. Open season for deer. Penalty.
110. Penalty for hunting moose.
111. Dogs chasing deer.
112. Hunting of birds or mammals with
firearm, or by aid of dog, regu-
lated.
113. Payment by commonwealth for
damages caused by deer or moose
regulated.
114. Hunting of birds or mammals
within public lands regulated.
115. Wild life sanctuaries, establishment,
trust funds, etc.
116. Reservations and sanctuaries.
Rules, etc. Penalty.
116A. Public shooting grounds.
117. Hunting or trapping harmful mam-
mals or birds.
118. Publication of order establishing
close season or sanctuary.
119. Penalty for violating close season or
sanctuary.
120. Possession of firearms, etc., upon
sanctuary, etc., penalized.
120A. Migratory game refuges, acquisi-
tion by federal government con-
sented to. Reservations.
121. Birds illegally killed not to be sent
out of state.
122. Extermination of English sparrow.
Penalty for interference.
123. Penalty for fishing, hunting, etc., on
posted land.
124. Sale, etc., of certain birds penalized.
1618
POWERS AND DUTIES OF THE DIVISION OF FISHERIES AND GAME. [ChAP. 131.
Sect.
125.
126.
127.
128.
129.
129A.
130.
Hares or rabbits taken outside of
state, sale regulated.
Buying, selling, etc., of skins of
minks, otters, muskrats, etc., reg-
ulated.
Possession, sale, etc., of protected
live birds or mammals regulated.
Forfeiture of licenses.
Possession, sale, etc., by dealers.
Sale of deer, moose, etc., lawfully
taken outside of state regulated.
Dealers' licenses.
Skct.
131.
132.
133.
134.
135.
136.
Penalties for violations of §§ 125-
130.
Museums, etc., exempt from § 124.
Application of certain sections.
Bonus for killing of wildcat, Canada
lynx or loupcervier.
Gunning stands or blinds regulated.
Penalty.
Training of hunting dogs author-
ized. Permits.
Penalty for violations of §§ 74-135.
Forfeitures.
DEFINITIONS.
Definitions.
1909, 421, 5 2;
508, 5 2.
1919. 350,
§§ 39, 40,43.
G. L. (ed. of
1920) 131,
5§ 1.40.
1922, 187, § 2.
19.S0. 393, § 2.
1931, 436, § 1.
1
2
3
4
5
6
7
Section 1. In this chapter the following words shall have the fol-
lowing meanings and the following rules of construction shall apply:
"Angling", fishing with hand line or rod, with naturally or artificially
baited hook, except that not more than three flies may be used on a
single leader.
"Birds", wild or undomesticated birds.
"Close season", the time during which fish, birds and mammals can-
not lawfully be taken. 8
"Commissioner", the commissioner of conservation. 9
"Department", the department of conservation. 10
"Deputy", a deputy fish and game warden appointed under section 11
seven of chapter twenty-one. 12
"Director", the director of the division of fisheries and game. 13
"Division", the division of fisheries and game. 14
"Fish" or "fishing", to take or to attempt to take fish by any method 15
or means, whether or not such method or means results in their capture; 16
and includes every attempt to take and every act of assistance to any 17
other person in taking or attempting to take fish, except operating a 18
boat or assisting a person licensed under this chapter, by cutting holes 19
in the ice for ice fishing. 20
"Game", any wild bird or mammal commonly hunted for food or 21
sport. 22
" Great pond ", a natural pond the area of which is twenty acres or 23
more. 24
"Hook", any lure or device capable of taking not more than one 25
fish at a time. 26
"Hunt" or "hunting" includes pursuing, shooting, killing and cap- 27
luring mammals and birds, and all lesser acts such as disturbing, harry- 28
ing or worrying, or placing, setting, drawing or using any device com- 29
monly used to take mammals and birds, whether or not they result in 30
taking; and includes every attempt to take and every act of assistance 31
to any other person in taking or attempting to take mammals and birds. 32
"Mammals", wild or undomesticated mammals. 33
"Open season", the time during which fish, birds and mammals may 34
lawfully be taken. 35
"Supervisor", the state supervisor of marine fisheries appointed 36
under section eight A of chapter twenty-one. 37
"Warden", a fish and game warden appointed under section seven of 38
of chapter twenty-one. 39
Chap. 131.] powers axd dt.ties of the drtsion of fisheries and game. 1619
40 A person wlio counsels, aids or assists in a violation of any of the pro-
41 visions of this ciiapter, or knowingly shares in any of the proceeds of
42 said violation by receiving or possessing either fish, birds or mammals,
43 shall be deemed to have incurred the penalties provided in this chapter
44 against the person guilty of such violation.
45 Whenever the taking of fish, birds or mammals is allowed by law,
4G reference is had to taking by lawful means and in lawful manner.
47 Unless the context otherwise requires, any reference to the taking or
48 having in possession of a fish, bird or mammal shall include the taking
49 or having in possession of any part or portion thereof.
50 In construing this chapter, the fact that possession of various species
51 of fish, birds and mammals is forbidden thereby during certain periods
52 of the year shall not be held to prohibit a resident of the commonwealth
53 who has legally taken, killed or come into possession of such fish, birds
54 or mammals from having the dead bodies or carcasses or parts thereof
55 in possession, for his own personal use and not for sale unless prohibited
56 by federal legislation or regulation so to do; but the burden shall be on
57 him to prove that such possession was lawful in its origin.
58 In construing this chapter, the fact that possession of various species
59 of fish, birds and mammals is forbidden thereby during certain periods
60 of the year shall not be held to prohibit a person from bringing into this
61 commonwealth, for his own personal use and not for sale the dead bodies
62 or carcasses of fish, birds or mammals or parts thereof which were law-
63 fully taken or killed in another state, province or country, or from hav-
64 ing such fish, birds or mammals or parts thereof in possession for the
65 aforesaid purpose after the arrival thereof in this commonwealth unless
66 prohibited by federal legislation or regulation so to do; provided, that
67 before any such fish, birds or mammals or parts thereof are so imported
68 they shall be tagged or marked in accordance with the laws of such
69 other state, province or country and with the federal laws relative to
70 interstate commerce, and provided, further, that no person shall so
71 import more such fish, birds or mammals at one time than is permitted
72 by the laws of such other state, province or country to be exported
therefrom; but the burden shall be on him to prove that such possession
/o
74 was lawful in its origin.
general provisions.
1 Section 2. Licenses or permits issued by the director may be sus- suspension.
^ , , 1 1 1 1 • p ^tc, of licensee,
2 pended or revoked by hmi tor cause. etc.
1912. 567. § 8. G. L. (ed. of 1920) 131. § 87.
1919. 350. §§ 39. 40, 43. 1930. 393. § 2.
1 Section 3. All fines, penalties and forfeitures recovered in prosecu- Disposition
2 tions under the laws Kelative to fish, birds and mammals, except section finS, etc.
3 ninety-nine of chapter one hundred and thirty, shall be equally divided isao', 69. '
4 between the county where such prosecution is made and the town ^^ fo^ij,
5 where the offence is committed; provided, that if the prosecuting officer J|g|;3|4; I33.
6 is a warden receiving compensation from the commonwealth, such fines, i874, 110. § 2.
7 penalties and forfeitures shall be paid to the commonwealth.
1879, 209, 5 11. 1898, 20.i. 1910. 575, § I.
1880. 61. § 3. 1899. 360. 1912. 465. § 1.
1881.276. §3. R. L. 91. § 137; 1913.250. , „„ . „
P. S. 91. §§ 85, 104; 92. § 20. G. L. (ed. of 1920) 130. 5 13-
92. § 11. 1905.445. 1930, 101, § 1; 393. 55 1. 2.
1886. 276. § 9. 1907, 300. 108 Mass. 139.
1890. 390. 1908. 330. Op. A. G. (1920) 87.
1620
LICENSES.
[Chap. 1.3L
Authorized
entry upon
private lands.
1869, 384, § 6.
P. S. 91, §9.
Section 4. The director, his wardens and deputies, and the super-
visor, may, in the performance of their duties, enter upon and pass
through or over private lands, whether or not covered by water.
R L 91, 6 14. G. L. (ed. of 1920) 130, § 22. 1929, 372, " " '
1919, 350, § 43. 1922, 124. 1930, 393,
11.
§§1,2.
LICENSES.
Licensing
of hunters,
trappers and
fishermen
regulated.
1905, 317, § 1.
1907, 198,
§§1,2.
1908, 402, § 1 :
484, §§ 1, 3.
1909, 262,
§ 1; 325.
1910,614, § 1.
1911.235, § 1;
614. §§ 1, 13.
1919, 296,
S§ 1.14;
350, § 43.
G. L. (ed. of
1920) 131, § 3.
1921, 467, § 1.
1925, 295, § 2.
1926. 352. § 1.
1930, 393, § 2.
1931, 393, §2.
257 Mass. 195.
Section 5. Except as provided in section ninety-one, ninety-two,
ninety-six, ninety-nine or one hundred and eight, no person shall hunt
any bird or mammal, and no person, unless he is under fifteen years of
age, shall fish, except as hereinafter provided, in any of the inland waters
of the commonwealth, and no person shall use, set, tend or maintain
any trap, or take or attempt to take any mammal by means thereof, with- 6
out first having obtained a sporting or a trapping license, as the case may 7
be, authorizing him so to do, as provided in the three following sections; 8
provided, that nothing in sections five to twelve, inclusive, shall be con- 9
strued as affecting in any way the general laws relating to trespass, or 10
as authorizing the hunting, or the possession of, birds or mammals, 11
contrary to law, or the taking of fish, or the possession thereof, contrary 12
to law. But said last mentioned sections shall not prohibit any person 13
who is a legal resident of the commonwealth or any member of his im- 14
mediate family, residing on land owned or leased by him, from hunting 15
or trapping on such land or from fishing in any inland waters bordered 16
by such land; provided, that he is or they are actually domiciled thereon, 17
and that the land is used exclusively for agricultural purposes, and not 18
for club, shooting or fishing purposes; and provided, further, that the 19
burden of proof shall rest upon the person claiming such exemptions to 20
show that he is entitled thereto. 21
Sporting or
trapping li-
censes. Form,
contents.
Penalty.
1905, 317, § 2.
1907, 198,
§§3,4.
1908, 402, § 2;
484. § 2.
1910, 614, § 3.
1911, 235, § 2;
614, §§ 2, 13.
1917, 26.
1919, 296,
§§ 2, 14.
G. L. (ed. of
1920) 131, §4.
1921, 467, § 2.
1925, 295, § 3.
1930, 393, § 2.
1931, 263, § 1;
393, § 3.
Section 6. Upon the application of any person entitled to receive
a sporting or a trapping license and upon payment of the fee hereinafter
specified therefor and the furnishing of an affidavit by any non-resident
desiring to be classified under clause (2) of section eight, the director
or the clerk of any town shall issue to such person a sporting license or
a trapping license, as the case may be, in the form prescribed upon a
blank furnished by the division. A sporting license shall authorize the
licensee to hunt birds and mammals and to fish, subject to existing laws;
provided, that a sporting license to fish only issued to a minor between
the age of fifteen and eighteen shall authorize the licensee to fish only.
A trapping license shall authorize the licensee to trap mammals, subject
to existing laws. Each license issued hereunder shall bear, in atldition
to any other data, the name, place of residence, citizenship, birthplace,
signature and identifying description, and, in the case of a male person,
the age, of the licensee, a statement that the holder has not been con-
victed of a violation of this chapter or any provision thereof, or of any
corresponding provision of earlier laws, within one year of the date of
the license, and each applicant shall furnish such information to the
director or the town clerk issuing such license. Each license shall be
valid for use to and including the following December thirty-first. No
person holding a sporting or trapping license shall transfer or loan such
license, and every holder thereof shall, while fishing, hunting or trap-
ping, carry upon his person his license and shall produce it for examina-
tion upon the demand of any warden, deputy warden or other officer
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Chap. 131.] licenses. 1621
25 qualified to serve criminal process, or upon the demand of an owner or
26 lessee of land upon which the licensee is fishing, huntino; or trapping,
27 or upon the demand of the agents of such owner or lessee. Whoever,
28 upon such demand, fails or refuses to produce a license or whoever for
29 the purpose of procuring a license falsely makes any representation or
30 statement required by this section, shall be punished by a fine of not
31 less than ten nor more than fifty dollars, or by imprisonment for not
32 more than one month, or both.
1 Section 7. Except as herein provided, any citizen of the United ^^"J^hOTu ''''*■
2 States and any unnaturalized foreign born person resident in this com- f!,';';''2'3o';'§'2;
3 monwealth for at least ten consecutive days and owning real estate in ekni'isr'
4 the commonwealth assessed for taxation at not less than five hundred igio! 296,
5 dollars may be granted a sporting license and/or a trapping license. No 1920, 300.
6 sporting license or trapping license shall be granted to a minor under fg^oi m.fe
7 the age of fifteen, nor, as a matter of right, shall a sporting license or a HHi |f^; 1 1
8 trapping license be granted to a minor between the ages of fifteen and i^^e. 352. §
9 eighteen, but the director or any town clerk may issue a sporting license Op.^A g.^ '
10 to any minor between the ages of fifteen and eighteen, if such minor has
11 been a resident in this commonwealth for at least six months and is a
12 citizen of the United States, and a trapping license to any minor between
13 the ages of fifteen and eighteen, if such minor has been a resident in this
14 commonwealth for at least sbc months. Every application for a license
15 hereunder from a minor under the age of eighteen shall be in writing and
16 shall be accompanied by the written consent thereto of the parent or
17 guardian, which shall be preserved by the town clerk or by the director,
18 as the case may be.
1 Section 8. Sporting and trapping licenses shall be issued to the same subject.
2 following classes of persons upon payment of the following fees: rep'orts.
1925, 295, § 8. 1930, 393, § 2. 1931, 263, § 2; 436, § 2.
3 (1) A citizen of the United States, resident in this commonwealth for Resident
4 at least six months, for which the fee shall be two dollars and seventy- "908;'484, § 3.
5 five cents for a sporting license and five dollars and twenty-five cents JgJo'. lu, § i.
6 for a trapping license except as hereinafter provided for a trapping license, I"'];"*'
7 or a sporting license entitling the holder to fish only, to a minor between i|'^- j-]"^'
8 the ages of fifteen and eighteen, and except that there shall be no fee for a^L. («l of
9 a sporting license if such person has reached age seventy. §§'8,9.
1921, 467, § 5. 1926, 352, § 3. 1931, 263, § 2;
1925, 295, §§ 7, 8. 1930, 393, § 2. 436, § 2.
10 (2) A citizen of the United States, not a resident of this commonwealth Non-resident
11 for at least six months, for which the fee shall be ten dollars and twenty- igoj'l^ljs,
12 five cents; but if the state of which he is a resident or in which he last jno9'.262.
13 resided requires a resident of this commonwealth to pay a larger fee 5'f4;i".'''
14 for a similar privilege in such state, the fee for such a non-resident shall \l\f g|;
15 be equal to that charged by such state. If such non-resident cojnes |,§5,'i4^'^^
16 within one of the four following classes and resides or last resided in a i920)m,§9.
17 state extending like privileges to citizens of this commonwealth, the fee 1925] 295] § s.
18 shall be three dollars and twenty-five cents for a sporting license and five 1930; 393! 5 2.
19 dollars and twenty-five cents for a trapping license: Class A. Owner Hl'^'^'^if- ^ ^•
20 of real estate in the commonwealth assessed for taxation at not less ;^^^^^^^-
21 than five hundred dollars. Class B. Member of any club or association ^lass b'
22 incorporated prior to nineteen hundred and seven, for the purpose of
1622
LICENSES.
[Chap. 131.
Class C.
Cla
Unnaturalized
foreign born
residents.
1905, 317, 5 2.
1908, 402. 5 2.
1910, 614, § 3.
1911, 614,
§5 3, 13.
1915, 240.
Fee for trap-
ping license
issued
to minor.
1920, 300.
G. L. (ed. of
1920) 131,
§§ 6. 9.
Hunting or
trapping li-
censees to
make annual
report, etc.
1923, 185
[G. L. 131,
§5IA1.
1930, 393, § 2.
1931, 263. § 2;
436, § 2.
hunting, fishing or trapping upon land owned by such corporation; pro- 2.3
vided, that the land owned is equal in value to five hundred dollars for 24
each member and that the membership list of the corporation shall be 25
filed from time to time upon request, and at least annually, with the 26
clerks of the various towns within which such land is located and with 27
the director. Class C. Invited guest»of a club or association conduct- 28
ing fox hunts and incorporated under the laws of this commonwealth 29
who, on the written invitation of a member of said club or association, 30
attends its meetings for the sole purpose of hunting foxes; provided, 31
that the membership list of such club or association shall be filed from 32
time to time upon request, and at least annually, with the clerk of the 33
town where the hunt takes place and with the director; also, a non- 34
resident member of any such club or association. Class D. A citizen 35
of the United States, not a resident of this commonwealth for at least 36
six months, who desires to fish only. 37
(3) An unnaturalized foreign born person, resident in this common- 38
wealth for at least ten consecutive days, provided that he is the owner 39
of real estate in the commonwealth assessed for taxation at not less than 40
five hundred dollars, for which the fee shall be fifteen dollars and twenty- 41
five cents. 42
1919, 296, H 4. 14.
G. L. (ed. of 1920)
131. §§7,9.
1921, 467, § 4.
1925, 295, §§ 6, 8.
1926, 352, 5 3.
1930, 393, § 2.
1931, 263, § 2; 436, 5 2.
The fee for a trapping license, or a sporting license to fish only, issued 43
to a minor between the ages of fifteen and eighteen, if he is a resident 44
of this commonwealth for at least six months, shall be one dollar and 45
twenty-five cents. 46
1931, 263, § 2; 436, § 2.
1921,467, § 3.
1925, 295, §§ 5, 8.
1926, 352, § 3.
1930, 393, § 2.
No person shall be granted a sporting or trapping license unless he 47
files with the town clerk or the director a written report upon blanks 48
furnished by the director stating the number of birds or mammals, if 49
any, taken by him in the preceding calendar year. The town clerk 50
shall on the first Monday of each month forward such reports to the 51
director. 52
City or town
clerk's fee.
190S. 484, § 3.
1909, 325.
1910, 614, § 1.
Section 9. Any town clerk issuing any license under authority of 1
this chapter may, except as otherwise provided by law, retain for his 2
own use twenty-five cents from the fee for each such license. 3
1911,614, UG. 13.
1919, 296, §§ 7, 14.
1920, 300.
G..L. (ed. of 1920)
131, § 10.
1924, 325.
1925, 295. § 9.
1930, 393, § 2.
Duplicate
license. Fee.
1911, 614, § 8.
1919, 296, §§ 9,
14; 350, §43.
G. L. (ed. of
1920) 131, § 11.
1925, 295, § 10.
1930. 393, § 2.
Section 10. Whoever loses or by mistake or accident destroys his 1
license may, upon application to the director or to the clerk of the town 2
wherein it was issued, and upon payment of a fee of fifty cents, receive 3
a duplicate license; provided, that such application is accompanied by 4
an affidavit setting forth the circumstances of said loss and also, in case 5
application is made to the director, by a statement from the person who 6
issued the original license or his successor in office, which statement shall 7
contain the number and form of the license, the date of its issue and a 8
personal description of the licensee. 9
Record of li- SECTION 11. Tlu" director and the clerk of every town shall make a
Penalty. " record, in books kept therefor, of all licenses issued by them, and shall
Chap. 131.] miscellaneous powers and duties of director, wardens. 1623
3 date each license as of the date of issue ; and no other date shall be loos, 317, s 2.
4 placed on such license. Such books shall be supplied by the division, liios! 402! 5 2':
5 shall be the property of the commonwealth, siiall hv open to puiilic in- i<)io.V!i4,
6 spection during the usual office hours of the town clerk or the director, fun, bh,
7 as the case may be, and sliall be subject at all times to audit and in- ^^r; 212 § 1
8 spection by the director, by the state auditor or by his or their agents. r^'f^-J-f.'
9 E\ery such clerk shall, on the first Monday of every month, pay to the 3.50, §'§ 39, 40,
10 division all moneys received by him for licenses issued during the month g.l. (ed. of
11 preceding, except the fees retained under section nine. All remittances 1925! 295,' § lu
12 shall be by check, United States post office money order, express money 4 op! a* g.\"52.
13 order, or in lawful money of the United States; and every such clerk shall,
14 within thirty days next succeeding January first in each year, return to
15 the division all license books received during the year preceding, includ-
IG ing all stubs and void and unused licenses. Any such clerk violating
17 any provision of this section shall be punished by a fine of not less than
IS fifty nor more than five hundred dollars, or by imprisonment for not less
19 than one month nor more than one year, or both.
1 Section 12. Except as prohibited or limited by federal legislation Non-resident
2 or regulation, any person who holds a sporting or trapping license issued entitied\o
3 to him as a non-resident may carry from the commonwealth such fish, stlfefeh™
4 birds or mammals as have been legally taken within the common- ta^en!'*''"^
5 wealth.
1907. 198, § 5. G. L. (ed. of 1920) 1925. 295, § 12.
1911, 614, §§ 10. 13. 131. §13. 1930,393,5 2.
1919, 296, §§ 11, 14; 350, § 43. 1921, 467, § 7.
1 Section 13. Whoever violates any provision of this section or of ^fJJi^J'j," '{ "■
2 sections five to twelve, inclusive, for which no specific penalty is pro- ?Lg"3^j7
3 vided, or is in any M'ay directly or indirectly a party to any such violation, §§ s.'s.
4 shall be punished by a fine of not less than ten nor more than fifty dollars §§ i.'s.
5 or by imprisonment for not more than one month, or both. Every 1911! 235!
6 license issued under said sections five to twelve, inclusive, held by any m'o.lsVo.
7 person found guilty of a violation of any provision of this chapter, shall \?j\li ||g; 5 12;
8 be void, and shall immediately be surrendered to the officer securing such H^- ^^ ^^' *"•
9 finding. The officer shall forthwith forward such void licenses to the ^920) m, §'u.
10 director. No person shall be given a license under authority of said Jgf'' Igj' t ij
1 1 sections during the period of one year from the date of his being found 1930! 393! § 2.
12 guilty as aforesaid, and any sucli license so issued shall be void and shall 3 0p'. a.g.sh.
13 be surrendered on demand of any officer authorized to enforce this 96, loe.
14 chapter. No fee received for a license made void under this section
15 shall be returned to the holder of such license.
miscellaneous powers and duties of director, wardens, etc.
1 Section 14. The director, wardens, deputies and members of the Enforcement
2 state police shall enforce the laws relating to fish, birds and mammals. Badges',
3 Each warden, when on duty, shall wear and display a metallic badge ii6g°3Si? {'3.
4 bearing the seal of the commonwealth and the words "fish and game f8s*4,2V2?f3.
5 warden", and each deputy, when on duty, shall wear and display a }|||'Je*'^^-
6 metallic badge bearing tlie words "deputy fish and game warden", Jf^^'lf^'^y-
7 together with a number to be assigned by the director. The director, 92^| 1^9^/
8 with the approval of the governor, may in writing authorize any warden loos! 417!
9 to have in his possession and carry a revolver, club, billy, handcuffs and 1910, 575, § 1.
1624
MISCELLANEOUS POWERS AND DUTIES OF DIRECTOR, WARDENS. [ChAP. 131.
1912, 465, § 1. twisters, or any other weapon or article required in the performance of 10
igi?! hi. § 1. his official duty. H
' 1910, .350, §§ 39. 43, 102. 1929, 372, § 3.
G. L. (cd. of 1920) 1930, 393, §§ 1, 2.
130, § 2; 131, § 2. 153 Mass. 171.
Penalty for
impersona-
tion, etc.
1908. 417, § 2.
1910, 575, § 1.
Section 15. Whoever, not being a warden or deputy, possesses or
wears any badge described in the preceding section or in any way im-
personates a warden or deputy shall be punished by a fine of ten dollars.
1912, 465, § 1. G.L. (ed. of 1920) 1930, 393, §§ 1, 2.
1913, 250. 130. § 3.
dSSor"' Section 16. The director, supervisor, wardens and deputies shall
supervisor, etc. have and exercise throughout the commonwealth, for the enforcement
i9io;575: § i: of the laws relating to fish, birds and mammals, including dogs, all the
igil: 25o; ^ ^' powers of constables, except the service of civil process, and of police
1917. 271, § 1. rci
1919, 350, § 43. omcers.
G. L. (cd. of 1920)
130, § 4.
1929, 372. § 4.
1930, 393, §§ 1, 2.
Arrest with-
out warrant.
1886, 276, § 8.
1893, 105.
1897, 288, § 1.
R. L. 91, §4.
1905, 407.
Section 17. The director, supervisor, wardens, deputies, members of
the state police and all officers qualified to serve criminal process may
arrest without a warrant any person found violating any provision of
this chapter or chapter one hundred and thirty.
1930. 393, §§1.2.
158 Mass. 149.
193 Mass. 280,
1906, 327.
1910,575, § 1.
1912, 465, § 1.
1913, 250.
1919. 3.50, §§ 43. 102.
G. L. (ed. of 1920)
130. §§ 5. 12.
1929, 372, § 5.
Op. A. G. (1920) 215.
Search and
seizure of
fish, birds
or mammals
illegally taken.
1904. 367, § 1.
1910. 548;
575, § 1.
1912, 465, § 1.
1913, 250.
1919, 350,
§ 102.
G. L. (ed. of
1920) 130, § 6.
1924, 184.
1929, 372, § 6.
Section IS. The director, supervisor, wardens, deputies or members
of the state police, may search any boat, vehicle, car, box, locker, crate
or package, and any building other than a dwelling house, where he has
or they have reason to believe any fish, birds or mammals unlawfully
taken or held may be found, and may seize any fish, birds or mammals
so taken or held, which shall be disposed of in such manner as the di-
rector deems for the best interests of the commonwealth; provided, that
this section shall not apply to fish, birds or mammals passing through
this commonwealth under authority of the laws of the United States.
1930,393, §§ 1, 2.
203 Mass. 516.
Op. A. G. (1920) 177.
Search
warrants.
1904, 367, § 2.
G. L. (ed. of
1920) 130, § 7.
1930, 393,
§§ 1, 2.
Section 19. A court or justice authorized to issue warrants in 1
criminal cases .shall, upon a sworn complaint that the complainant be- 2
lieves that any fish, birds or mammals unlawfully taken or held are .3
concealed in a particular place, other than a dwelling house, if satisfied 4
that there is reasonable cause for such belief, issue a warrant to search 5
therefor. The warrant shall designate and describe the place to be 6
searched and the articles for which search is to be made, and shall be 7
directed to any officer named in the preceding section coinnianding 8
him to search the place where the fish, birds or mammals for which he 9
is required to search are believed to be concealed, and to seize such fish, 10
birds or mammals. H
Display of
fish, etc., upon
demand.
Penalty.
1908, 255.
1910.575. § 1.
1912,465, § 1.
Section 20. The director, supervisor or a warden or deputy warden
may request any person whom he reasonably believes to lie engaged in
unlawfully hunting, fishing, trapping or possessing fish, birds or mam-
mals to forthwith display for inspection all fish, birds and mammals
Chap. 131.] fish and fishing. 1625
5 then in his possession; and said director, supervisor, warden or deputy 1013,250.
6 warden may arrest without warrant a person refusing to comply with such g. l'. (ed! of
7 request. mo)i30,5 8.
1929,372,5 7. 1930, 393, §§ 1, 2. 1931, 436, § 4. 203 Mass. 51G.
[Additional penalty, § 21.]
1 Section 21. Any person violating any of the provisions of the pre- same subject.
2 ceding section shall be punished by a fine of not less than ten nor more penalty"*
3 than twentv-five dollars.
1930, 393, § 2.
1 Section 22. The director may destroy from time to time license Destruction of
2 books, stubs, licenses and license blanks, after the same have been documents.
3 properly audited by the state auditor, and such other documents as the a^L. S of
4 director deems advisable, after the same have been noted on the official {11°] gf"; ^ ^°-
5 records. " *■ 2-
1 Section 23. The director may investigate questions relating to fish, investigation
2 birds or mammals, and may, personally or by assistants, institute and birds or '
3 conduct inquiries pertaining to such questions. mammals.
1902, 178. G. L. (ed. of 1920) 130, § 11. 1930, 393, §§ 1, 2.
FISH AND FISHING.
1 Section 24. The director may establish and maintain properties Establishment
2 at such places within the commonwealth as he may select for the purpose ?or''pr°o'pagaUon
3 of propagating and rearing fish, birds and mammals. °^ ^^^' *""•
1917, 228. 1919, 350, § 43. G. L. (ed. of 1920) 130, § 54. 1930, 393, §§ 1, 2.
1 Section 25. For the purpose of providing public fishing grounds, Acquisition of
2 the director may acquire by gift, and shall in his discretion acquire by in bV'lfoks'! eu.
3 lease or purchase, fishing rights and privileges in any brook or stream J^glSltlUns;
4 in the commonwealth or may acquire by gift, lease or purchase lands %3o^ig3^ § 2.
5 necessary for such purposes, except a brook or stream which is a source i^^i- *36, § 5.
6 of or a tributary to a public water supply. The director may also acquire
7 by gift, lease or purchase lands necessary for such purposes, together
8 with such rights of ingress to and egress from such a brook or stream
9 as may be necessary or proper.
10 Said director may, subject to the provisions of section thirty-seven
11 of chapter thirty, make rules and regulations relative to fishing in any
12 water acquired under authority of this section, may provide a penalty,
13 to consist of a fine not to exceed twenty dollars, for any violation of any
14 such rule or regulation, and may from time to time close or open such
15 waters, or any part thereof, for fishing.
1 Section 26. Except as otherwise provided in section forty-five, no stocked waters
2 person shall be provided by the director with fish or fish spawn to stock public fishing.
3 waters owned or leased by such person or under his control unless he r l'. 91', § 65.
4 first agrees in writing with the director that waters so stocked shall be fg^o) 130, f 55.
5 free for the public to lawfully fish therein; and the public may there- l?3o,393,'
6 after fish in such waters.
1 Section 27. Whoever without right enters in or upon any building Penalty for
„, I. 1 , ^jii_ illegally enter-
2 or other structure or any area 01 land or water set apart and used by or ing bmidings,
3 under authority of the director or supervisor for conducting scientific scfentffic iZ
1626
FISH AND FISHING.
[Chap. 131.
vestigations or
for propagation.
1906, 327.
G. L. (ed. of
1920) 130, § 12.
1929, 372. § 9.
1930, 393,
H 1.2.
experiments or investigations or for propagation after the director or
supervisor has caused printed notices of such occupation anduse and
the purposes thereof to be placed in a conspicuous position adjacent to
any such areas of land or water or upon any such building or other struc-
ture, and whoever injures or defaces any such building or other struc-
ture or any notice posted as aforesaid, or injures or destroys any projierty 9
used for such purposes, or otherwise interferes therewith, shall be pun- 10
ished by a fine of not less than fifty nor more than two hundred dollars 11
or by imprisonment for not more than si.x months. 12
D^ector.etc. SECTION 28. The director or supervisor, or their agents when so
etc^ for certain authorized by him or them, may take fi.sh, birds or mammals at any
i868°i3o, § 3; time or in any manner for purposes connected with propagation or
1869, 76, § 2; scicutific observation.
3S4, § 5- P S 91 5 ■'0 G. L. (ed. of 1920) 1929, 372, § 10.
R. L. 91, § 6.' 130, §14. 1930, 393, §U. 2.
Discharge of
waste material
into certain
inland waters
regulated.
Penalty.
1890, 129.
R. L. 91. § 8.
1906, 356.
1910, 460.
1919, 350, § 40.
G. L. (ed. of
1920) 1.30, § 16.
1930, 393,
§U, 2.
189 Mass. 247.
211 Mass. 10.
1
2
3
4
5
6
7
8
9
10
11
12
13
Section 29. If the director determines that the fisheries of any in-
land waters of the commonwealth are of sufficient value to warrant the
prohibition or regulation of the discharge or escape of sawdust, shavings,
garbage, ashes, acids, sewage, dyestuft's, and/or other waste material
from any sawmill, manufacturing or mechanical plant, or dwelling house,
stable or other building, which may, directly or indirectly, materially
injure such fisheries, he shall by a written order to the owner or tenant
thereof prohibit or regulate the discharge or. escape therefrom of saw-
dust, shavings, garbage, ashes, acids, sewage, d.yestuffs, and/or other
waste material into such inland waters. Such order may be revoked or
modified by him at any time Before any such order is made the di-
rector shall, after reasonable notice to all parties in interest, give a
public hearing in the county where the sawmill, manufacturing or me-
chanical plant, dwelling house, stable or other building to be affected 14
by the order is located, at which hearing any person shall be heard. 15
Upon petition of any party aggrieved by such order, filed within six 16
months after its date, the superior court may, in equity, after such 17
notice as it deems sufficient, hear all interested parties and annul, alter 18
or affirm the order. If such petition is filed by the party aggrieved 19
within ten days after the date of said order, said order shall not take 20
effect until altered or affirmed as aforesaid. Whoever, having so been 21
notified, discharges sawdust, shavings, garbage, ashes, acids, sewage, 22
dyestuft's, and/or other waste material, or suffers or permits it to be 23
discharged or to escape from said plant under his control, into inland 24
waters of the commonwealth in \iolation of the order of the director, 25
or of said court, if an appeal is taken, shall be punished by a fine of not 26
less than fifty nor more than two hundred dollars. 27
Penalty tor
poisoning,
etc., fish.
Exceptions.
1830, 43.
U.S. 55, § 1.
G. S. 83, § 1.
P. S. 91. I 44.
R. f,. 91, § 133.
1903, 246.
1913, 439,
G. h. (ed. of
1920) 130,
§ 151.
19.30, 393,
§§ 1,2.
Section 30. Whoever puts or throws into any of the inland waters 1
of the commonwealth any oil, or any poisonous substance, whether 2
simple, mixed or compound, which may directly or indirectly materially 3
injure the fish therein, or takes any such fish by such means, or whoever 4
kills or destroys fish in inland waters by the use of dynamite or other 5
explosives, or takes any such fish by such means, or explodes dynamite 6
or ])ovvder in such waters, shall be punished by a fine of not less than 7
fifty nor more than five hundred dollars or by imprisonment for not more S
than one year. This section shall not apply to operations of the United 9
Chap. 131.] fish .\nd fishing. 1627
10 States, or of the commonwealth or a poHtical subdivision thereof, nor
11 to the use of explosives for raising the body of a drowned person.
1 Section 31. The director, supervisor, wardens, deputies and mem- soizweand
2 bers of the state pohce may seize and remove, summarily if need be, at [nei'ai ob-
3 the expense of the owner using and maintaining the same, all illegal urp'i'"saTO''of
4 obstructions, except dams, mills or machinery, to the passage of salt E^Lnimui™'''
5 water fish coming into fresh water to spawn. _ The director may ex- ^},^^'^;,[^^^^
f) amine all dams or obstructions upon brooks, rivers and streams where jyg",'.^^ Sf"*"^-
7 the law requires fish ways to be maintained, or where in his judgment h i, 2.'
8 fish ways are needed, and he shall determine whether the fish ways, if §§i,~2.'5. '
9 any, are suitable and sufficient for the passage of such fish in such brooks, "tt-t'. 20;
10 rivers and streams or whether a fish way is needed for the passage of such flg^.l |-4, 5 2.
11 fish over such dam or obstruction; and shall prescribe by written order J^JJ; ^^^; ^*-
12 what changes or repairs, if any, shall be made therein, and where, how ^'l^^' ^ j
13 and when a new fish way shall be built, and at what times the same shall isw, sjn'. § 3.
14 be kept open, and shall serve a copy of such order upon the owner of the p. s.'gi;
15 dam or obstruction. A certificate of the director that service has been so i884, 212. § 3.
16 made shall be sufficient proof thereof. The supreme judicial or superior j*^^; ^f ^ ^■
17 court shall, on petition of the director, have jurisdiction in equity or other- «• ^•gSijg
18 wise to enforce any such order and to restrain any violation thereof. iao*', 365.
1905,407. 1917, 271, U. 1929, 372, § 3.
1908,417,5 1. 1919, 350, §§40, 43. 1930, 393. §§ 1, 2.
1910, 575. § 1. G. L. (ed. of 1920) 1931, 393, § 5.
1912, 465, §1. 130, §§2, 17. 104 Mass. 446.
1913, 250.
1 Section 32. Any owner of such a dam or obstruction who refuses Penalty for
2 or neglects to keep open or maintain a fish way at the times prescribed fi°h way open.
3 by the director shall forfeit fifty dollars for each day of such refusal or j^i'fg.' "''
4 neglect.
1741-2, 16. §§ 1.3. 1867,344,5 2. G. L. (ed. of 1920) 130, § 18.
1745-6, 20, § 4. P. S. 91, § 6. 1930, 393. §§ 1. 2.
1811,175,5 4. R. L. 91, §11. 5 Pick, 199.
1866, 238. § 15. 1919, 350, § 43. 10 Pick. 383.
1 Section 33. If the director deems that a passage for fish should be improvement
2 provided or if he finds that there is no fish way or an. insufficient fish of fish ways,
3 way in or around a dam where a fish way is required by law to be main- 1735-6, 21, § 2.
4 tained, he may enter with workmen and materials upon the premises HHzli If, ^ *■
5 of the person required to maintain a fish way there and may, at the ex- Jlee, 238, ^ *'
6 pense of the commonwealth, if in his opinion the person required by flg^g'^^^.j ^
7 law to construct or maintain such fish way is unable to afford such isreiso.' ^ '
8 expense, otherwise at the expense of the owner of such dam, improve 1960,344. '^
9 an existing fish way, or cause one to be constructed if none exists, and 1919; 356. § 43.
10 may, if necessary, take the land of any other person who is not obliged %^^ j^^; f^g
11 by "law to maintain said fish way; and if a fish way has been constructed |^30,393,
12 in accordance with this section, he shall not require the owner of the
13 dam to alter such fish way within five years after its completion.
1 Section 34. All damages caused by taking land under the pre- Compensation
2 ceding section shall, upon the application of either party, be recovered taLn.^^^
3 from the commonwealth under chapter seventy-nine. The amount so §57/8.
4 recovered shall be a charge against the person required by law to con- i?f ■|f.'*§ g. '
5 struct and maintain such fish way and shall be recovered in contract in g- l. ^^^^\^-
6 the name of the commonwealth, with costs and with interest at the rate 1920) i30, § 20.
7 of twelve per cent per annum.
1930, 393. §§ 1, 2.
1628
FISH AND FISHING.
[Ch.\p. 131.
^ondT'bfooks Section 35. The director may screen such ponds, brooks and streams
andjueams of the commoDwealth not used as sources of water supply by towns as
iM0.''382. he deems necessary for the protection of fish therein. This section
?92oiilo,f2i. shall not aflFect any right existing on April thirtieth, nineteen hundred
i«sn. sss. ^^j twenty, to use such waters for mercantile or manufacturing purposes.
1930, 393
5§1, 2
1
2
3
4
5
Great ponds
to be public.
B. L. 16.
C. L. 90, § 2.
1869, 384. 5 8.
P. S. 91. 5 11.
R. L. 91, § 15.
Section 36. A great pond shall be public, except as hereafter pro- 1
vided, for the purpose of fishing, hunting and boating thereon and all 2
persons shall be allowed reasonable means of access thereto for such 3
purpose. ^
G. L. (ed. of 1920) 130, §24. 7 Allen, 158. 2 Op. AG. 239
1930, 393, §M. 2. 170 Mass. 509. Op. A. G. C1920) 233.
Director may
occupy cer-
tain ponds.
1869, 384, § 9.
1876, 62, § 1.
P. S. 91.
§5 12, 17.
1886, 248, § 2.
R. L. 91. § 16.
1919, 350, § 43.
G. L. (ed. of
1920) 130, 5 25.
1930, 393,
§§ 1.2.
Section 37. The director may occupy, manage and control not more 1
than six great ponds for the purpose of propagating fish and of distributing 2
them within the commonwealth; and may occupy not more than one 3
tenth part of each such pond with enclosures and appliances for such 4
cultivation; but this privilege shall not affect any public rights to such 5
ponds, other than the right of fishing, and the appliances and enclosures 6
shall be so placed as not to interfere with or prevent ingress to or egress 7
from such ponds at proper places. 8
108 Mass. 441. 110 Mass. 175. 119 Mass. 300. 146 Mass. 5.
Notice of such
occupation.
1876, 62, § 2.
P. S. 91, § 18.
R. L. 91, § 17.
1918, 257,
§315.
1919, 5; 350,
§43.
1920, 2.
Section 38. If the director determines so to occupy and improve
any such pond, he shall post a notice of such purpose in a public place
in each of the towns where said pond is situated and file a like notice
in the office of the clerk of each of said towns and in the office of the
state secretary. The affidavit of an officer qualified to serve civil process
that such notice has been posted shall be deemed full proof thereof.
G. L. (ed. of 1920) 130, § 26. 1930, 393, §§ 1, 2.
Penalty.
1876, 62, § 3.
P. S. 91, § 19.
R. L. 91, § 18.
G. L. (ed. of
1920) 130, § 27.
1930, 393,
§§1.2.
Stocking great
ponds with fish.
1897, 208.
R. L 91. § 19.
1903, 274.
1907, 306.
1911, 285.
§§ 1.2.
1919, 350, § 43.
G, L. (ed. of
1920) 130, § 28.
1930, 393,
§§1.2.
2 Op. A. G.
223, 552.
Section 39. After such notice has been so filed and posted, any 1
violation of any of the rights of said director under section thirty-seven 2
shall be punished by a fine of not less than ten nor more than twenty-five 3
dollars. ^
Section 40. The director may cause any great pond, except in 1
Dukes and Nantucket counties, to be stocked with such fish as he judges 2
best suited to the waters thereof and, on petition of the aldermen of any 3
city or the selectmen of any town where a great pond or a part thereof is 4
situated, shall cause the pond to be so stocked; provided, that a public 5
hearing upon the matter has previously been given within such city or 6
town by the mayor and aldermen, or by the selectmen, notice of which 7
hearing has been posted, at least ten days before the day of the hearing, 8
in three or more public places, and published in a newspaper, if any, in 9
such city or town. If a town at a meeting has instructed the selectmen 10
to file such petition, such hearing need not be given. When a great 11
pond is not situated wholly within a city or town, the director shall not 12
proceed under this section with respect to such pond unless a majority 13
of the cities and towns bordering upon such pond have filed petitions 14
as aforesaid. In every such instance the director shall thereupon pre- 15
scribe, for a period not exceeding three years, and enforce, such reason- 16
able regulations relative to fishing in the pond and its tributaries, with 17
Chap. 131.] fish and fi.siiing. 1629
18 such penalties, not exceeding twenty dollars for each offence, as he deems
19 for the public interest; but this section shall not api)ly to ponds used as
20 sources of public water supply. The director may restock such ponds
21 and may extend such reasonable rejjulations, for periods not exceeding
22 three years each, and shall so restock and extend whenever he receives
23 a petition therefor as herein provided.
1 Section 41. The director may, except in Dukes and Nantucket Setting apart
2 counties, and shall on petition of the aldermen of any city or the select- g°eat°pumi8 as
3 men of any town where a great pond not used as a source of public water authorized^"''^
4 supply is situated, or, in case such pond is not wholly within a single ^92^'%,
5 city or town, on petition of the aldermen or selectmen of a majority of Pog^,''^"'
G the cities and towns wherein such pond is situated, cause not exceeding 1030,393.
7 twenty-five per cent of the area of any such pond to be set apart, for
8 such period of years as he may determine, as a breeding area for such
9 fish as he may judge best suited to its waters. The provisions of the
10 preceding section relative to public hearings and notice thereof in the
11 petitioning cities and towns shall apply to proceedings under this section.
12 Whoever fishes in a breeding area while set apart as aforesaid shall forfeit
13 his license and shall be punished as provided in section seventy-two.
1 Section 42. The director may occupy and control Mill pond, in Fishing in
2 Yarmouth, for the purpose of cultivating fish for distribution within Isgg.Tov.'
3 the commonwealth. Whoever, without his written consent, fishes in q] l. ?id.y '
4 said pond in any other manner than by angling, shall be punished as \llg] Jg"; ^ ^^•
5 provided in section seventy-two. §5 1. 2.
1 Section 43. The state department of public works shall annually, in Measuring
2 July, upon the request and at the expense of any person claiming to be i869,"384. § 11.
3 interested in a pond, cause a measurement thereof to be made which R^l'gf*'
4 shall be recorded in the office of the city or town clerk of each city or |j^ l '9^1^'
5 town within the limits of which any part of such pond is situated; and l^i^-M'
6 no arm or branch shall be included as a part of such a pond unless such § 3i6.
7 arm or branch is at least fifty feet in width and one foot in depth.
1919, 5. 1920, 2. G. L. (ed. of 1920) 130, §§ 30, 31. 1930, 393. §§ 1, 2.
1 Section 44. Except as provided in the following section and in sec- Exclusive fish-
2 tion fifty-one, the riparian proprietors of any pond, other than a great owners"""""'
3 pond, and the proprietors of any pond or parts of a pond created by 55^7 if*'
4 artificial flowing, shall have exclusive control of the fisheries therein. p. s. 91, § 10.
R. L. 91, § 23. 1930, 393. §§ 1, 2.
G. L. (ed. of 1920) 130, § 32. 119 Mass. 300.
1 Section 45. The director may cause any natural or artificial pond, |,*?h'^gh ""'"'^
2 other than a great pond, or any brook or stream, to be stocked with such i9oo. 284. ^
3 fish as he judges best suited to the waters thereof; provided, that in g! l! (ed. of'
4 respect to all privately owned ponds such stocking shall only be with the 1930, 393.'
5 written consent of the owner or lessee thereof, and shall not prevent ^^ '' "
6 such owner or lessee from drawing down or making such use of said
7 waters for commercial or other purposes as appear to him to be advisable ;
8 and provided, further, that such stocking shall not prohibit such owner
9 or lessee from excluding the public from such waters if and when this
10 action appears to him necessary for the proper control and utilization
11 thereof.
1630
FISH AND FISHING.
[Chap. 131.
Acquisition of
exclusive
fishery.
1S69, 384, § 13.
P. S. 91. §23.
R. L. 91, §24.
1918, 257,
§317.
1919, 5.
1920, 2.
G. L. (ed. of
1920) 130, § 33.
1930, 393,
55 1.2.
Section 46. A pond other than a great pond, bounded in part by 1
land belonging to the commonwealth or to a county, city or town, shall 2
become the exclusive property of the other proprietors as to the fisheries 3
therein only upon payment to the state treasurer, or to the county, city 4
or town treasurer, as the case may be, of a just compensation for their 5
respective rights therein, to be determined by three arbitrators, of whom 6
one shall be appointed by the director, one shall be an individual riparian 7
proprietor of said pond or an officer of a corporation which is such pro- 8
prietor, and one shall be the chairman of the county commissioners of 9
the county where the pond, or the largest part of the area thereof, is 10
situated, if the riparian proprietors include the commonwealth, or one 11
or more counties, or two or more cities or towns, or one or more cities 12
and one or more towns, or the mayor or chairman of the board of select- 1.3
men, respectively, if only one city or town is such part proprietor. 14
Penalty for
taking fish in
certain ponds.
1874, 82,
§§ 1.2.
1879. 127.
P. S. 91, § 24.
R. L. 91, § 25.
Section 47. Whoever, without the written consent of the pro- 1
prietor or lessee of a natural pond which is not a great pond, or of an 2
artificial pond of any size, where fish are lawfully propagated or main- 3
tained, takes any fish therefrom, shall be punished as provided in section 4
seventy-two. 5
G. L. (ed. of 1920) 130, § 34. 1930, 393, §§ 1, 2.
Use of nets in
inland waters
regulated.
1S84. 318,
§§ 1,3.
R. L. 91, § 26.
1903, 294.
1904. 308.
1906, 239, § 2.
1918,257,5318.
1919,5.
1920, 2.
Section 48. Except as permitted by law, whoever draws, sets, 1
stretches or uses a fish trap, gill net, drag net, set net, purse net, seine 2
or trawl or sets or uses more than ten hooks for fishing in any inland 3
water, or aids in so doing, shall be punished by a fine of not less than 4
twenty nor more than fifty dollars. This section shall not affect any 5
rights conferred by section forty-four or the corporate rights of any 6
fishing company. 7
G. L, (ed. of 1920) 130, § 35. 1928, 8.
1926, 195, 5 2. 1930, 393, 55 1, 2.
Restrictions
on taking of
fish frequenting
fresh water, etc.
Penalty.
1741-2,
20, § 1.
1764-5, 31,
§5 1,2.
1764-5, 34,
§§1,2.
1822, 21.
R. S. 55. § 2.
1857, 30.
G. S. 83, § 2.
1869, 384, § 20.
P. S. 91, § 48.
R. L. 91, § 132.
1908, 492.
1917, S3.
1919, 33.
Section 49. Whoever, except as otherwise permitted by law, takes 1
any fish which at any season frequent fresh water, in any other manner 2
than by angling, shall be punished by a fine of not less than twenty nor 3
more than fifty dollars; but towns may permit the use of nets and 4
seines for taking herring and alewives or of pots for the taking of eels. 5
This section shall not prohibit spearing eels, carp or those species of fish 6
commonly known as "suckers". The possession by any person in or 7
upon inland waters or upon the banks of the same, except as allowed 8
by law, of any net, trap, trawl, or other device adapted for taking fish 9
shall be prima facie evidence of a violation of this section. This section 10
shall not apply to ponds or waters now or hereafter held under lease 11
from the department. 12
G. L. (ed. of 1920) 130, § 150.
1926, 195, § 3.
1930, 393, §5 1, 2.
Section 50. W'hoever uses a sweep seine or combination of sweep
Fishing with
sweep seines.
1872' 229! I f" seines in such a manner as at any moment to close or seriously obstruct
Fss^ "iM^ W ™or^ t^^" ^^° thirds of the width of a brook or stream at the place where
R. l! 91, '§ 52'. used, or delays or stops in paying out or hauling a sweep seine, or hauls
1920) 130, §43. a sweep seine within one half mile of a point where such seine has been
§§T,'2."^' hauled within an hour, shall be inmishcd by a fine of not less than twenty
nor more than fifty dollars; but this section shall not apply to seines
lawfully used in the smelt fisheries, or to the fisheries for shad or alewives
Chap. 131.] fish am> fishing. 1631
9 in the Taunton Great river, or to the fisheries in North river in Plymouth
10 county.
1 Section 51. The director, upon written appHcation to him, may Permits for
2 issue a permit to any person to have in possession, buy, sell or otherwise orfi^ifini-" ""
3 dispose of, at any season of the year, fish artificially propagated and a^lillld."'"'''
4 maintained, under such rules and regulations, approved by the governor {goi;"!: ^^'
5 and council, as may be made by the director.
R L 91, §5 64, 66. 1909. 377, §§ 2, 4. G. L. (ed. of 1920) 130,
1902. 544, 5 11. 1912, 129, § 2. §5 52. 6.5.
190.5 190. 1918. 30. §§ 4, 6. 1930, 393, §5 1, 2.
1907, 296. 1919, 350, 5 43.
1 Section 52. A riparian proprietor of a non-navigable brook or Enclosure of
2 stream may, within the limits of his ovm premises, enclose the waters Spooks or"
3 thereof for the propagation of fish if he furnishes a suitable passage for fseTsM, 5 16.
4 salt water fish naturally frequenting such waters to spawn.
p. S. 91, §25. R. L. 91. §27. G. L. (ed. of 1920) 130, § 36. 1930, 393, §§ 1, 2.
1 Section 53. Fish artificially propagated or maintained shall be the ownership of
, • ■ J • • i) A fish artificially
2 property of the person propagating or maintaining them. A person propagated.
3 legally engaged in their culture and maintenance may take them in his §'§^8,^20.'
4 own waters at pleasure or authorize others so to do.
p. S. 91, §26. R. L. 91, §28. G. L. (ed. of 1920) 130, § 37. 1930, 393, §§ 1, 2.
1 Section 54. Whoever, without the permission of the proprietors. Penalty for
2 fishes in that portion of a pond, stream or other water where fish are fssh'afe'lrti-
3 lawfully cultivated or maintained shall be punished as provided in gated^ ''™''^'
4 section seventy-two.
1869. 384, § 19. G. L. (ed. of 1920) 108 Mass. 441. 130 Mass. 469.
P S 91 §27 130, § 38. 110 Mass. 175. 142 Mass. 71.
R. L. 91, § 29. 1930, 393, §§ 1, 2. 119 Mass. 300. 162 Mass. 219.
1 Section 55. The riparian proprietor on a non-navigable tidal brook Owners of
2 or stream, enclosed or unenclosed, in which fish are lawfully cultivated trcontroi
3 or maintained shall have the control of the fishery thereof within his oblfrurtion of
4 own premises and opposite thereto to the middle of the stream, and a ^a'fr^h'"*"
5 riparian proprietor at the mouth of such stream shall also have control ?87,i''2s^,'^-5 2.
6 of the fishery thereof beyond and around the mouth of the stream so far fggll'g'i^^^-
7 as the tide ebbs, if it does not ebb more than eighty rods; and whoever r. l'. 9^§J3.
8 fishes within such limits without permission of the owner shall be punished 1920) 130, "§ 42.
1930 393
9 as provided in section seventy-two. §'5 1.2.
10 No such proprietor shall obstruct, or permit the obstruction of, a ^^^ ^'■^^- ^^"^■
1 1 suitable passage for salt water fish through so much of any such stream
12 as is within his control.
1 Section 56. No person shall buy, sell, offer or expose for sale, or Buying, seiung,
2 have in possession for the purpose of sale, any trout, black bass, horned Lhreguiated.
3 pout, yellow perch, pickerel, white perch, great northern pike or mus- 1866:249;
4 callonge, or wall-eyed pike or pike perch, taken from the waters of this H^li lll\ ^ ^^■
5 commonwealth. Nothing in this section shall be construed to prohibit Jg^; |||' * '•
6 the sale of white perch taken from the coastal waters of the common- ^jfj^i^
7 wealth or from the waters of Dukes or Nantucket counties, or from i«s4,'i7i'.
8 waters now or hereafter held under lease from the department. Nothing isgo! 193!
9 in this section shall be deemed to prohibit the director from issuing per- 1892] 252!
1632
FISH AND FISHING.
[Chap. 131.
1895, 277, § 2.
mits as to black bass under section fifty-one, or to penalize any person 10
i9oi; lii'; 142. acting under authority of any license so issued.
R. L. 91, §§ 62-64, 70.
1902, 137; 544, § 11.
1905, 190.
1906, 263; 314, §§ 1, 2.
1909,377, §§ 1, 4.
1910, 469.
1912, 110; 129, §§ 1, 2.4.
1913, 573, §§ 1,2.
1915, 54.
1916. 25.
1917, 27.
1918,30, §§ 1, 6.
G. L, (ed. of 1920) 130,
§§49, 58, 61, 64.
1921,197; 224.
1922, 148; 444.
1923, 212 [G. L. 130,
§62A1;268, § 3; 269.
11
1926. 19, § 1.
1927. 5.
192S, 74, § 1.
1929, 82 [G. L. 130,
§ 028).
1930, :i93, §§ 1,2.
ICO Mass. 157.
164 .VIas3. 477.
Op. A. G. (1920) 107.
Possession, etc.,
of trout
regulated.
1862. 161.
1866, 249,
§5 1.3.
1869, 384, § 28.
1874, 186.
1876, 221, § 1.
1880, 86.
P. S. 91.
§§ 51, 53.
1884 171.
1888. 276.
1890, 193.
1.891, 138.
1892, 252.
1895, 277, § 2.
Section 57. Except as provided in section fifty-one, no person shall
take or have in possession trout between July thirty-first in any year
and April fifteenth of the year following, or between September first
and May twenty-ninth of the year following, if taken from the Deerfield
river or its diverted waters within the commonwealth, nor shall any
person have in possession at any time a trout less than six inches in
length, or trout less than twelve inches in length if taken from the Deer-
field river or its diverted waters within the commonwealth, unless taken
by a person lawfully fishing and immediately returned alive to the water
whence it was taken.
1901, 121; 142.
R. L. 91. §§ 62-64.
1902, 137; 544, § 11.
1905, 190.
1906, 263; 314, §5 1.
1909,377, §§ 1, 4.
1910, 469.
1916, 25.
1918, 30, §§ 1, 6.
G. L. ted. of 1920) 130.
§49.
1923, 269.
1926, 19, 5 1.
1927, 5.
1928, 74, § 1.
1930, .393, §§ 1, 2.
1931. 393, § 5A.
160 Mass. 157.
164 Mass. 477.
Op. A. G. (1920) 107.
1
2
3
4
5
6
7
8
9
10
Hours for
fishing for
trout es-
tablished.
Section 58. No person shall take trout at any other time than 1
between one hour before sunrise and two hours after sunset. 2
R. S. 55, §§2, 3.
1857, 30.
1859, 106.
G. S. 83, § 2.
1869, 384, § 28.
1874, 186.
P. S. 91, §§ 49, 51.
R. L. 91, §§ 61, 62.
1906, 314, 5 1.
1909,377, §§ 1,4.
1910, 469.
1917, 188, § 1.
1918, 30, §§ 2, 6;
257, § 319.
1919, 5.
1920, 2.
G. L. (ed. of 1920) 130, § 50.
1930, 393, §§ 1, 2.
Limit of catch. SECTION 59. No persou shall in any one day take from the waters
1918; 3of'^^' of the commonwealth a total of more than fifteen trout, nor shall any
G. i'.ted. of person in any one day take more than five trout from the Deerfield river
Jglgjil^jl^^- or its diverted waters within the commonwealth.
1928, 74, § 2. 1930, 393, §§ 1, 2. 1931, 393, § 6.
Section 59 A. [Inserted, 1930, 428; number changed to section 1
105A, 1931, 426, § 242.] 2
Restricted
trout-breeding
areas in Deer-
field river.
1926, 19. § 3
(G. L. 130,
§ .54 A).
1928, 74, § 3.
1930, 393,
§§ 1,2.
Section 60. For the purpose of breeding and developing trout, the 1
director may establish restricted areas in the Deerfield river or its di- 2
verted waters within the commonwealth, and, subject to approval by 3
the governor and council, make rules and regulations for the taking of 4
fish within such area. 5
1931, 393, § 7.
Regulations for
taking of
salmon.
Penalty.
1869, 384, § 27.
P. S. 91, § 47.
R. L. 91, § 58.
1909, 377,
§§ 1, .3, 4.
1910, 469, § 1.
1918, 34,
55 1.4.
Section 61. The director may, with the approval of the governor 1
and council, make such rules and regulations as he may deem expedient 2
for the taking of any species of salmon in the rivers and coastal waters 3
and great ponds of the commonwealth and in any private waters which 4
have been stocked by the commonwealth under an agreement with the 5
owner. The director shall con.spicuously post such rules and regulations 6
on the shores of such waters and shall file with the town clerk of each 7
Chap. 131.] fish and fishing. 1633
8 town which borders on such waters a copy thereof for pubHc inspection. i920, 339,
9 Whoever violates any provision of said rules and regulations shall be 6 i,'. (cd. of
10 punished by a fine of not less than twenty nor more than fifty dollars. \Uo, 393,' * ^^'
IH.2.
1 Section 62. No person shall take pickerel between March first and (^'"p'j^^e'eT
2 May first in any year, or have in possession pickerel taken in this com- }9}2. no.
3 monwealth during said period unless taken by a person lawfully fishing g.^l'. (ed."of
4 and immediately returned alive to the water whence it was taken. The 1923, 268,' § 1. '
5 possession of a pickerel during said period shall be prima facie evidence 5§T,'2.''^'
6 of such unlawful taking.
1 Section 6.3. No person shall take from the waters of the common- Restrictions as
2 wealth a pickerel less than twelve inches in length or have in possession of certain fish'.'
3 any such pickerel; nor shall any person take or have in possession more i895!T99.
4 than ten pickerel taken from the waters of the commonwealth in any one fg^- Hg^ ^^•
5 day. In prosecutions under this section the possession of pickerel less !?'£■ ^^^ ^j
6 than twelve inches in length shall be prima facie evidence of such un- 1920) 130, § 59.
7 lawful taking.
1923, 268, § 2. 1926, 27. 1930, 393, §§1,2.
1 Section 64. No person shall take from any inland water of the com- Same subject.
2 monwealth any white perch between March first and June first in any 19 is, "54';'^'^ '
3 year, or have in possession a white perch so taken between said dates, g. l' "ed of
4 nor shall he take from any such inland water any white perch less than J^I^J Jfg; ^ ''^•
5 seven inches in length or have the same in possession, nor shall he take J^jg' j^*; 5 3.
6 therefrom a total of more than fifteen white perch in any one day. §§ 1. 2.
7 This section shall not apply to Dukes or Nantucket counties, nor to
8 waters now or hereafter held under lease from the department.
1 Section 65. No person shall take from the waters of this common- same subject
2 wealth or have in possession a wall-eyed pike, sometimes called a pike or pii^e perch.
3 perch so taken, between March first and April thirtieth, both dates llo^'^'eilf.' ^'
4 inclusive, or at any time take from said waters or have in possession a §5^°'|.®^'
5 wall-eyed pike or pike perch less than twelve inches in length so taken
6 unless taken by a person lawfully fishing and immediately returned
7 alive to the water whence it was taken; nor shall any person take or
8 have in possession more than five wall-eyed pike or pike perch taken
9 from the waters of the commonwealth in any one day.
1 Section 66. No person shall, between Februarv first and May first Samesubject.
p 11 • 1 c 1 CI 1*1 I • Great northern
2 following, take from the waters 01 the commonwealth, or have in posses- pike or
3 sion, a great northern pike or muscallonge; nor shall any person at any 1929, 82 [g.'l.
4 time take or have in possession a great northern pike or muscallonge 1936,393, '
5 less than twenty inches in length so taken unless taken by a person 5§ 1. 2.
6 lawfully fishing and immediately returned alive to the water whence it
7 was taken.
1 Section 67. No person shall take or have in possession a black bass Siime subject.
2 between February first and June thirtieth, both dates inclusive, of any isofi, 229. '
3 year, or at any time have in possession a black bass less than ten inches 1912, 129,
4 in length unless such bass was taken by a person lawfully fishing and is ^ L'.'*(ed. of
5 immediately returned alive to the water whence it was taken ; nor shall J||°> J|^; ^ ®*-
1634
1922, 444.
1930, 393,
§§■1.2.
Same subject.
Horned pout or
vellow perch.
1921. 188 IG. L.
130. § 78A1.
1923, 268, § 4.
1927, 6.
1929, 47.
1930, 393,
§1 1.2.
FISH AND FISHING.
[Chap. 131.
any person take or have in possession more than six black bass taken
from the waters of the commonwealth in any one day.
Section 68. No person shall take or have in possession more than
thirty horned pout or thirty yellow perch taken from the waters of the
commonwealth in any period of twenty-four consecutive hours, nor
shall he take from said waters or have in possession horned pout between
March first and June fifteenth in any year or \ellow perch between
March first and April first in any year.
6
7
1
2
3
4
5
6
Penalty for
fishing with
floats.
1922, 108
[G. L. 130,
§ 77A1.
1930, 393,
§§1.2.
Section 69. Whoever fishes with floats, otherwise known as toggle
fishing, in any inland water of the commonwealth shall be punished by
a fine of not less than twenty nor more than fifty dollars; provided, that
this section shall not prohibit the use of traps for ice fishing in accordance
with law. For the purposes of this section, a "float" shall mean any
device floating with a line and hook attached, baited with natural or
artificial bait and not under the direct control of the hands of the person
fishing.
' "rSduciion of SECTION 70. Whoever puts into any of the inland waters of the
certain Lhlnto commonwealth other than ponds not great ponds any species of fish, or
ilYriss""' spawn thereof, except those species naturally frequenting such waters,
1920) 130, f 78. without having first secured the written approval of the director, shall
§f "l.*^^' be punished by a fine of not less than twenty nor more than fifty dollars.
Penalty for
introduction of
1
2
.3
4
5
6
7
8
1
2
3
4
5
Taking shiners
for bait
regulated.
Duplicate cer-
tificate, fee.
1906, 239. § 1.
G. L. (ed. of
1920) 130, § 75.
1926, 195, § 1.
1930, 393,
§§1.2. ,„
1931, 436, § 6.
Section 71. Shiners may be taken for bait in any of the inland 1
waters of the commonwealth by means of a circular or hoop net not 2
exceeding six feet in diameter, or by means of a rectangular net other 3
than a seine, containing not more than thirty-six square feet of net sur- 4
face, and shiners and suckers may be taken for bait in any of said waters .5
by means of a net containing not more than two hundred square feet of 6
net surface if each person engaged in operating such net is thereto 7
authorized by a permit issued by the division, which permit the division 8
is hereby authorized to issue upon receipt of a fee of five dollars, which 9
shall be paid into the treasury of the commonwealth; provided, that 10
any fish taken by any such net, other than those permitted by this sec- 11
tion to be taken thereby, are immediately returned alive to the water. 12
Permits granted under this section shall expire on the thirty-first day of 13
December in the year of issue. Any person who loses or by mistake or 14
accident destroys any certificate issued under authority of this section 15
may, upon application to the director, accompanied by an affidavit 16
setting forth the circumstances of such loss, receive a duplicate certifi- 17
cate upon the payment of a fee of fifty cents. 18
Penalty for
violations of
S8 24-71.
1930. 393, § 2.
1931, 393, 5 9;
436, § 7.
Section 72. Unless the context otherwise requires, a violation of
any provision of sections twenty-four to seventy-one, inclusive, or of
any rule or regulation made under authority thereof, for which no other
penalty is provided, shall be punished by a fine of not less than ten nor
more than twenty-five dollars for each fish in respect to which such
violation occurs or each provision, rule or regulation in respect to which
such violation occurs. Any net, seine, trawl or other similar device used
by any person in violation of any provision of said sections, and any
Chap. 131.] hunting and trapping. 1635
9 fish taken in violation thereof, shall be forfeited to the commonwealth
10 and disposed of as the director shall determine.
[Note: — In the revision of the fish and game laws made by chapter 393 of the acts
of 1930 certain penalty provisions appearing in sections 15, 28.\, 29, 34, 38, 42, 58, 59,
61, 62A. 62B, 66, 75 and 7SA of chapter 130 of the General Laws (as existing immedi-
ately prior to such revision) were omitted and are now covered by the general penalty
provision in the foregoing section. For the history of the earlier penalty provisions so
omitted see the marginal references opposite the several sections aljove referred to.]
1 Section 73. Sections five to seventv-one, inclusive, shall not affect Sections 5-71
. , ' ... . . not to affect
2 any provisions or penalties contained, or any privileges granted, in any certain pro-
3 special statute relating to fisheries in any particular place. ^enaUie"8^
1930, 393, § 2.
hunting and trapping.
1 Section 74. No unnaturalized foreign born person, unless he has Certain alien
2 resided within the commonwealth for ten consecutive days ne.xt preced- hibited fr^m"
3 ing the doing of any of the acts referred to in this section, owns real PeMUy:""'
4 estate in the commonwealth assessed for ta.xation at not less than five Ij^^;!;*"'
5 hundred dollars, and has received a license under sections five to twelve, g.^l. (j-'d^-o'^g
6 inclusive, authorizing him so to do, shall hunt any bird or mammal of 1923, es/ ^ ^^
7 any description, except in defence of the person, nor shall he have in 1930! 393! 5 2. '
8 possession any such bird or mammal or, within the commonwealth, own 5,,. a, g.
9 or have in his possession or under his control a firearm; and any firearm ^'^^°^ ®^-
10 owned by him or in his possession or under his control in violation of
11 this section shall be forfeited to the commonwealth. Violation of any
12 provision of this section shall be punished by a fine of fifty dollars or
13 by imprisonment for not more than one month, or both. If, in any
14 prosecution for violation of any provision of this section, the defendant
15 alleges that he has been naturalized, or that he owns real estate in the
16 commonwealth to the value of five hundred dollars or more, the burden
17 of proving the same shall be upon him.
1 Section 75. Notice of the seizure of any firearm owned by or found °'b"n°Jti6ed
2 in the possession or under the control of any person violating any pro- g[||j^"%°|,
3 vision of the preceding section, together with the firearm itself, shall be isis, 240, § 3.
4 sent to the director by the officer making the seizure immediately after §§39, 40,' 43.
5 the guilt of such person shall be established by a final adjudication in 1920) i3i',°§ 17.
6 any prosecution brought against him for such violation, and any firearm ^^^°' ^^^' ^ ^•
7 so seized shall be sold at the discretion of the director, who shall pay
8 the proceeds to the commonwealth.
1 Section 76. The director, wardens, deputies, members of the state Arrests.
2 police, and all other officers qualified to serve criminal process shall 1911'. eu! 5 13.
3 arrest, without warrant, any person found with a firearm in his possession \l\l[ 3*°;
4 if they have reason to believe that he is a foreign born person described ^^.^'oi^^of "
5 in section seventy-four. If the arrest be made upon Sunday, or upon fgooim.fig.
6 a legal holiday, the person so arrested may be committed for safe keeping 1930, 393, 5 2.
7 to a jail or lockup for that day; but he shall be taken before a magistrate
8 and proceeded against on the next day which is not Sunday or a legal
9 holiday; and any such officer may, if he has reason to believe that a
10 firearm is being concealed by a foreign born person described in said
11 section seventy-four, apply to any court having jurisdiction of the
1636
HUNTING AND TRAPPING.
[ClL\P. 131.
offence, and the court, upon receipt of proof, made by affidavit, of 12
probable cause for believing that there is such concealment by such 13
person, shall issue a search warrant and cause a search to be made in 14
any place where such firearm may be concealed; and to that end the 15
said officer may, after demand and refusal, cause any building, room or 16
enclosure to be broken open and entered, and any receptacle to be 17
opened and its contents examined. 18
Penalty for
killing wild
birds.
Exceptions.
1817, 103, § 1.
1821, 10, § 1.
1835, 136, § 1.
R.S.53, §§1,5.
1849, 158,
§§ 2-4.
18.50, 296.
G. S. 82,
§§5, 10.
1869, 246,
5§4. 7.
1870, 304,
§§4,5.
1877, 95,
§§3,4.
1879, 209,
§§ 3-6.
1881, 297, § 3.
P. S. 92,
§§4-6.
1883, 36.
1886, 276,
§§2,4.
1901, 178.
R. L. 92,
§§ 5, 7.
1903, 162; 287.
1905, 414.
1906, 274.
Section 77. Whoever, except as provided in section eighty-four, 1
eighty-five, eighty-seven or ninety, hunts or has in his possession a wild 2
or undomesticated bird except an English sparrow, crow blackbird, crow, 3
jay, starling, birds not found wild within the commonwealth or the 4
following named birds of prey, — sharp-shinned hawk, cooper's hawk, 5
goshawk, red-tailed hawk, red-shouldered hawk, duck hawk, pigeon 6
hawk, barred owl and great horned owl, — or wilfully destroys, disturbs 7
or takes a nest or eggs of any wild or undomesticated bird, except such 8
as are not protected by this section, shall be punished by a fine of not 9
less than twenty nor more than fifty dollars for each bird taken, killed 10
or had in possession or for each nest or egg disturbed, destroyed or 11
taken; but a person who has a certificate from the director that he is 12
engaged in the scientific study of ornithology or is collecting in the 13
interests of a scientific institution may at any season take or kill, or 14
take the nests or eggs of, a wild or undomesticated bird, except wood- 15
cock, ruffed grouse and quail; but this section shall not authorize a 16
person to enter upon private grounds without the consent of the owner 17
thereof for the purpose of taking nests or eggs or killing birds. 18
1907,99; 250, § 1.
1909. 508, § 3.
1910, 472.
1916, 15.
1917, 20.
1919. 350,
§§ 39, 40, 43.
1920, 208.
G. L. (ed. of 19201 131,
§§ 19,21,23, 24,26-28.
1921, 75.
1926. 151, § 1.
1928. 20.
1930. 393, § 2.
Taking of
woodcock, etc.
for scientific
purposes
regulated.
1926, 151, § 5
[G. L. 131,
§ 35A1.
1930. 393, § 2.
Section 78. Upon request of the governing board of any educational 1
institution within the commonwealth having power to grant the degree 2
of M.D., Ph.D. or D.S. the director may issue written instructions to 3
wardens to take, for the sole purpose of scientific investigation of diseases, 4
woodcock, ruffed grouse and quail. Such instructions shall specify the 5
number of such birds that may be taken, the times and places of taking, 6
the persons to whom the same shall be delivered for such investigation 7
and the manner in which the carcasses shall be finally disposed of. 8
Possession of
body or
feathers of
birds penalized.
1897. 524.
1898. 339.
R. L. 92, §8.
1903, 329.
G. L. (ed. of
1920) 131. § 22.
1930, 393. § 2.
1 Op. A. G. 478.
Section 79. Whoever, except as provided in section seventy-seven,
has in possession the body or feathers of a bird, the taking or killing of
which is prohibited by said section seventy-seven, whether taken in the
commonwealth or elsewhere, or wears such feathers for the purpose of
dress or ornament, shall be punished as provided in section one hun-
dred and thirty-six; but this section shall not apply to non-residents
of the commonwealth passing through it or temporarily dwelling therein.
homi^ng'pigeons. SECTION 80. No pcrson, cxccpt the owncr, shall detain, huut, injure . 1
G 'l (ed of O'" i'l ^'^y ^^y interfere with a iiomiiig or carrier pigeon, or remove any 2
1920) 131, §25. identification mark, band or other tiling from it. 3
1930, 393, § 2.
^'"twrtfmeT' Section 81. \Miencver it shall appear to the governor that by 1
ofdrought. reason of extreme drought there is tlanger of fires resulting from huntuig, 2
Chap. 131.] hunting and trapping. 1637
3 trapping, fishing or other cause, he may, with the advice and consent of ^{"^^l^,"'
4 the council, by proclamation suspend the opening or continuance of any 'j^"f'|-^'
5 or all open seasons established by this chapter, or any authorized ex- 1919.350,1^39.
6 tension thereof, and proclaim a close season on any or all birds, fish or 1920) lai,
7 mammals, for such time as he may therein designate, and may therein i92u'ioV, 1 1.
8 prohibit hunting, trapping, fishing and the possession of firearms on jjjj^; 5^^; | ^;
9 property of another during the same time, and he may, by the same lo^i. sua, 5 8.
10 or another proclamation and with like advice and consent, proclaim
11 that any or all sections of the woodlands in the commonwealth where
12 danger of fire might exist shall be closed for such time as he may therein
13 designate to hunters, trappers, fishermen and such other persons as he
14 deems proper under the circumstances, except the owners or tenants of
15 such property and their agents and employees, or persons holding written
16 permission from any such owner or tenant to enter thereon for any lawful
17 purpose other than hunting, trapping or fi.shing. As soon as the fire
IS hazard is deemed to be over the governor, for the purpose of providing
19 just and reasonable facilities for hunting, trapping and fishing, in like
20 manner and with like advice and consent, may extend any such open
21 season for a period or periods not exceeding, in the aggregate, the time
22 of such suspension, and if by reason of any such extension such open
23 season in whole or in part coincides with any other open season in such
24 manner as to cause any conflict in the laws relating thereto, he may in
25 like manner and with hke advice and consent postpone such other open
26 season for such time as may be necessary to avoid such conflict.
27 Every such proclamation shall take effect as therein stated. A
28 proclamation issued under this section shall be published in such news-
29 papers or posted in such places and in such manner under the direction
30 of the department as the governor may order; but failure to comply
31 with the provisions of this paragraph shall not in any way invalidate
32 any proclamation made under authority of this section.
33 This section shall not apply to hunting on coastal waters.
1 Section 82. During a close season on any birds, fish or mammals Certain lawa^
2 proclaimed as aforesaid, all laws relating to the close season established such dose sea-
3 thereon by statute shall be in force, and whoever violates any provision 1909, 422.''§ T'
4 of such laws shall be subject to the penalty prescribed for such violation, fg^^ m,f 30.
5 Whoever violates any provision of a proclamation issued under authority }^|i' 1°^. 1 2.
6 of and in accordance with the preceding section shall, if no penalty is laso! 393! 5 2.
7 otherwise provided, be punished by a fine of not less than twenty nor
8 more than one hundred dollars.
1 Section 83. Sunday shall be close season on all wild birds and fi'J,"^^^^*"^."
2 mammals. No person on Sumlay shall set traps or hunt any bird or E^g'^g^pf^g"-
3 mammal of any kind or carry on that day upon his person a rifle or shot- R^^l'. 92j^H.
4 gun in any place where birds or mammals might be found, except that igisiss '
- ■'',. , ,° G. L. (ed. of
5 mammals caught in traps may be removed. 1920) isi, §32.
C This section shall not prohibit the killing or attempted killing of a J^so. 393, 5 2.
7 bird or mammal actually damaging or likely to damage property, sub-
8 ject, however, to the same conditions and restrictions as would render
9 such killing or attempted killing lawful on a secular day; nor shall it
10 render unlawful the possession or carrying of a rifle or shotgun for such
11 purpose or for the purpose of using the same in a sport or game lawfully
12 conducted under the provisions of law authorizing sports and games on
13 Sunday.
1638
HUNTING AND TRAPPING.
[Chap. 131.
Close season for
ruffed grouse.
1817, 103, § 1.
R. S. 53. § 1.
1849, 158, § 2.
1850, 296.
1855, 197, § 1.
Section 84. Except as provided in section seventy-eight or section
ninetv-two, no person, except between the twentieth of October and
the twentieth of November, both inclusive, shall hunt a ruffed grouse,
commonly called partridge.
Close season
for quail.
1817, 103, §
R. S. 53, § 1
1855, 197, §
G. S. 82, § 1
1865, 158.
1867, 257.
1868, 126.
G. S. 82, § 1.
1865, 158.
1868, 126.
1869, 246, § 1.
1870, 304, § 1.
1874, 77, § 1.
1877, 95, § 1.
1879, 209, § 1.
1881, 297, § 1.
P. S. 92, § 2.
1886,276, §§ 1, 3.
1888,' 292.
1890, 249.
1911, 236. §5 1, 2.
1891, 142.
1912, 203.
1893, 189.
1917, 170, 1 1.
1894, 205.
1919, 153, § 1.
1898, 195.
G. L. (ed. of 1920)
1900, 379,
§§ 1.
2,5.
131, §33.
R. L, 92, !
i§ 2,
21.
1924. 211, § 1.
1903, 206.
1926, 151, § 3.
1908, 441,
§§ 1,
, 4.
1930, 393, 5 2.
1909, 272.
128 Mass. 410.
1910, 365.
Op. A. G. (1920) 107.
Section 85. Except as provided in section seventy-eight, no person, 1
except between the twentieth of October and the twentieth of November, 2
both inclusive, shall hunt a quail, nor shall any person hunt a quail at 3
any time in Essex, Hampden, Hampshire, Middlesex, Nantucket, Nor- 4
folk or Worcester county.
Bag limit for
ruffed
1 grouse
and quail.
1912,
523,
§§ 1.
2
G. L.
Ted. of
1920)
131, § 36.
Restrictions as
to hunting, etc.,
of sfiore
birds.
, etc.
1818,
103, § 1.
1821,
10, § 1.
R. S.
53, § 1.
1849,
158,
§§2,
3.
1850,
296.
1855,
197, § 1.
G. S.
82,
S§1,
5.
1865,
158.
1867,
257.
1868,
126.
1869,
246, § 1.
1870,
304,
§§3.
4.
1874,
77, § 1.
1875,
172.
1877,
,95,
511.
2.
1879,
209,
§§1-
•3.
1869, 246, § 2.
1871, 260.
1879, 209, § 1.
1881, 297, § 1.
P. S. 92, § 2.
1886, 276. § 1.
1888, 292.
1890, 249, 5 1.
1893, 189; 398.
1894, 205.
1898, 195.
1900, 379, § 3.
R. L. 92, § 3.
1902, 165.
1905, 406.
1906, 303.
1908, 441, §§ 1, 4.
1909, 272.
1910, 365.
1911, 356,
1912, 270.
1,5.
1917, 170, § 2.
1919, 153, § 2.
G. L. (ed. of 1920)
131, § 34.
1926, 151, I 4.
1928, 72.
1930, 393, § 2.
128 Mass. 410.
161 U. S. 519.
Op. A. G. (1920) 107.
Section 86. Except as provided in section seventy-eight or section
ninety-two, no person shall take or kill more than three rutfed grouse in
one day, or more than fifteen in one year; or more than four quail in
one day, or more than twenty in one year.
1926. 151, § 6. 1930, 393, 5 2.
Section 87. No person shall hunt any species of the limicolae, com-
monly known as shore birds or woodcock, or any species of the rallidae,
commonly known as rails, coots or gallinules, or of the anatidae, com-
monly known as ducks, geese, brants or swans, or have in possession any
of said species, except as provided in this chapter. The director shall
declare from time to time an open season on any such species, subject
to such rules or regulations as he may prescribe; provided, that such
open seasons and such rules and regulations shall at all times conform
to the federal laws and regulations relative thereto.
Nothing in this section shall be construed to prohibit the hunting of 10
any species of the anatidae between one half hour before sunrise and one 11
half hour after sunset of any day during any open season on such species, 12
nor to permit the director to make or isgue any rule or regulation pro- 13
hibiting such hunting. 14
1881, 297, §§ 1,
2.
1903, 162; 206.
1919, 153, 5 1.
P. S.92, §5 1-4.
1905, 414.
G. L. (cd. of 1920)
1886, 276, §§1,
2.
1908, 301, §§ 1,
2.
131, 5§ 33, 36-39.
1888, 292.
1907, 99.
1922, 171, 1 1.
1890, 249.
1908, 441, §§ 1,
4.
1923,307, §§ 1,2.
1891, 142.
1909, 272; 421,
§1;
1924, 211, § 1.
1893, 189; 398.
508. §§ 1, 3.
1926, 151, §§3.6.
1894, 205.
1910, 365.
1928, 271.
1898, 195.
1911, 188; 236,
§§ 1.2.
1930, 193, §2; 393, §2.
1900, 379, 5§ 1,
2, 4
,5.
1912, 203; 523.
§1.
128 Mass. 410.
R. L. 92, }§ 2, 4, 5,
21.
1917.73, 5 1; 1
70, § 1.
Op. A. G. (1920) 107.
Importation or SECTION 88. No pcrsoH shall bring or cause to be brought into the 1
liberation of -^^^^ ^ t- o i-ei- o
live game birds, commonwcalth any live game bird or any live tur-bearing or game s
PeMity." Con- mammal unless he first obtains a permit so to do from the director, nor 3
ClL\P. 131.] HUNTING AND TRAPPING. 1639
4 shall any person liberate any bird or mammal, other than birds used as fiscation ot dis-
5 decoys at the time of such liberation, except in accordance with the iS, 42I, Vz^
6 provisions of an outstanding permit issued to him. The director may, i9i'i,*343,
7 in his discretion, issue such a permit and may include therein reasonable fgiu.lso,
8 conditions as to the importation, inspection and liberation of birds or ^ l*';*,}' of'
9 mammals; and he may at any time revoke such a permit. He may make 1920J 131,
10 reasonable rules and regulations relative to the issue of such permits and 1021. '90 '
11 to the importation, inspection and liberation of birds and mammals. §s2ai. '
12 Whoever violates any condition of a permit granted hereunder shall be 1930] 393, 52.
13 punished as provided in section one hundred and thirty-six.
14 Any such bird or mammal which is brought into the commonwealth
15 in violation of this section, or which is so brought under authority of a
16 permit granted hereunder and is found upon inspection to be diseased,
17 may be confiscated by any officer empowered to enforce this chapter
18 and shall be forfeited and be disposed of as the director deems best.
1 Section 89. No person shall hunt a pheasant of any kind, except as Hunting, etc.,
2 provided in the two following sections. regulated" ^
1895, 55. 1906, 482. G. L. (ed. of 1920)
1900, 64. 1908, 477, §§ 1, 3, 4. 131, § 42,
R. L. 92, 5 16. 1909, 309, §§ 1,- 3, 4. 1930. 393, § 2.
1905, 73.
1 Section 90. The director may declare an open season on pheasants open season
2 in any county where such open season seems advisable, and may make igos, IW^ili.
3 such rules and regulations relating to bag limit, time and length of open §§°2,'4.°^'
4 season and varieties to be taken, and all other matters connected with Is'l'l®'^'
5 such open season as he may deem necessary or expedient.
1914, 401, §§ 1, 3. G. L. (ed. of 1920) 131, § 43.
1919, 350, §§ 39, 40. 1930, 393, § 2.
1 Section 91. A person may hunt, upon land owned or occupied by Pheasant
2 him, a pheasant which he finds in the act of doing damage to any crop m^yleldS
3 on cultivated land, or may authorize a member of his family or person §§'2,' 3°''
4 permanently employed by him on such land so to do. The person by §§'|9^4o'
5 whom or under whose direction a pheasant is so hunted shall within p„ L; <';,<'• »' .,
P , IP 1 • 1 i. 1920) 131, §44.
D twenty-tour hours thereaiter make a written report to the director, isso, 393, 5 2.
7 stating the time, place and the number of pheasants so killed. Failure
8 to make such report shall be punished as provided in section one hundred
9 and thirty-six.
1 Section 92. A board, consisting of the commissioner of conservation. Districts
2 the commissioner of agriculture and the director of the division of orni- mit"toiumt
3 thology, acting in person or through their duly authorized agents, to- mfy bIS!
4 gether with a representative of the Massachusetts Fruit Growers Asso- define.*etc.
5 elation. Inc., and of The Massachusetts Fish and Game Association, ^°T!^"\
duties etc
6 may from time to time determine and define the limits of districts within }?.'^i\'^^}: ^ ^
7 the commonwealth wherein permits to hunt ruffed grouse, as hereinafter § 44A).
8 provided, may be used. Said board shall serve without compensation
9 and shall not incur any expense on account of the commonwealth. Upon
10 application to the director, upon blank forms furnished by the division,
11 by the owner or occupant of land in a district wherein a permit as afore-
12 said may be used, the director may grant to him a permit authorizing
13 him, or a member of his family authorized by him so to do or a person
14 permanently employed by him on such land if authorized as aforesaid,
15 to hunt on such land, but only for such period between December first
1640
HUNTING AND TR.\PPING.
[Chap. 131.
and April fifteenth following as may be specified in such permit, any 16
ruffed grouse which he may find in the act of doing damage to fruit trees. 17
There shall be no fee for granting any such permit. The person by 18
whom or under whose direction a ruffed grouse is so hunted shall, within 19
twenty-four hours thereafter, make a written report to the director, 20
stating the time, place and the number of grouse so killed. Such person 21
shall retain possession of such grouse or the carcasses thereof for a 22
period of five days, within which the director shall effect the disposition 23
of the same for scientific purposes. The holder of any permit granted 24
under this section who violates any provision thereof or any provision 25
of this section shall forfeit such permit. 26
Close season,
etc., for gray
squirrels.
Bag limit.
1879, 209, § 8.
P. S. 92, § 9.
1886, 276, § 5.
1894, 97.
1901, 102.
R. L. 92, § 9.
1907, 166.
1909, 466, § 2.
1910, 564.
1911, 172.
1912, 523.
1913, 270.
1917, 170. § 3.
1919, 153, § 3.
Section 93. Except as otherwise provided in this chapter, no person 1
shall, except between October twentieth and November twentieth, both 2
inclusive, hunt or have in possession the carcass of a gray squirrel, or 3
at any time take, kill or have in possession the carcasses of more than 4
five gray squirrels in one day or more than fifteen in one year, or take or 5
kill at any time a gray squirrel by means of a trap or net, or for the pur- 6
pose of taking or killing a gray scjuirrel construct or set a trap or net. 7
This section shall not apply to the owner or occupant of any dwelling 8
house or other building finding any gray squirrel doing damage to the 9
same or to any fruit tree, or to grain or other growing cultivated crop. 10
G. L. (ed. of 1920) 131, §45. 1923, 99, § 1. 1930, 393, § 2. 1931, 436, § 8.
Hunting, etc.,
of hares and
rabbits
regulated.
1879, 209, § 8.
P. S. 92, § 9.
1886, 276, § 5.
1894, 97.
1901, 102.
R. L. 92, § 9.
1907, 166.
1908, 413.
1909, 466,
85 1.2.
1911, 118,
§§ 1,4.
1914, 120.
1917, 170,
§ 4; 196.
Section 94. No person, otherwise than as provided in section ninety- 1
six, shall hunt or have in possession the carcass of a hare or rabbit, except 2
between October twentieth and the last day of February, both inclusive, 3
in Nantucket county or between October twentieth and February fif- 4
teenth, both inclusive, in any other county, or during such open seasons 5
kill or have in possession the carcasses of more than two northern vary- 6
ing hares, otherwise known as Canada hares, snow-shoe rabbits or white 7
rabbits, or more than five rabbits in any one day. This section shall 8
not apply to European hares in the county of Berkshire, which may be 9
taken or killed at any time. 10
1919, 153, § 4.
1920, 425, §§ 1, 3, 5,
G. L. (ed. of 1920)
131, § 46.
1921, 152.
1922, 117,
1925, 179.
2; 160.
1926, 88.
1930, 393, § 2.
1931,27, § 1; 436. I 9.
Hares or
rabbits not to
be trapped, etc.
Use of ferret
regulated.
1874, 57.
1879, 209, 5 6.
1881, 297, § 4.
P. S. 92, § 7.
1886, 276, 5 6.
1891, 254.
1898, 124.
R. I.. 92. § 11.
1906, 241.
1909, 328.
1910, 533,
H 2, 4. 5.
1911.118,
§S 2, 4, 5.
1919, 83.
1920, 425, f 4.
G. L. (ed. of
1920) 131, § 48,
Section 95. No person shall remove or attempt to remove a hare or
a rabbit from any hole in the ground, stone wall, from under any ledge,
stone, log or tree, and, except as provided in the following section, no
person shall take or kill a hare or a rabbit by a trap or net, or for that
purpose construct, tend or set a trap or net or use a ferret ; and no person
shall have in possession a ferret without a permit. The director may
upon application issue to a person a permit authorizing him to have
ferrets in his possession, and may revoke said permit at any time if he
has reason to believe that said ferrets are kept or used for hunting hares 9
or rabbits. No person shall have in possession a ferret in a place where 10
hares or rabbits might be taken or killed. Ferrets used or had in pes- 11
session in violation hereof shall be confiscated. 12
1923, 99, § 2. 1924, 130. 1930, 393, § 2. 1931, 436, § 10.
t"appiIl|Sf Section 96. An owner or tenant of land, or, if authorized by such 1
rabbits or hares owncr Or tenant, any member of his family or person permanently em- 2
Chap. 131.] hunting .-ustd tr.^pping. 1641
3 ploved thereon, mav, upon such land, liunt, or take bv means of a box doinE damage
. ,,., ,' i-i 1 ^ J ' 1 to fruit trees
4 trap, a rabbit or hare which such owner or tenant, or member or person regulated.
5 so authorized, has reasonable cause to beheve has damaged or is about 1900; 379,' § 1.
6 to damage any vegetable, crop, fruit tree or other valuable growth on r,"!,'. 92?'5 12.
7 such land. An owner or tenant by whom or by whose authority hares }^°g' |^|
8 or rabbits are so hunted or trapped shall, within twenty-four hours §§3.'5'
9 thereafter, make a written report to the director, stating the time and ipio! 350! § 43.
10 place and the number of hares and rabbits so taken and the disposition 1920) isi, "§49.
1 1 made of them. Failure to make such a report as aforesaid shall be \llo[ HI] § 2.
12 punished as pro\-ided in section one hundred and thirty-six.
1 Section 97. No person shall, except as provided in section ninety- Close season
2 nine, hunt or trap, or have in possession the living or dead bodies of, fur-bearing
3 minks, otters, nuiskrats, skunks or raccoons, except that such animals igio'Ve, § 1.
4 may be taken by shooting or trapping between November first and sj^J'.'l.^g;
5 March first, both dates inclusive, and that raccoons may also be taken ^Ijoo) m.fsi.
6 with the aid or by the use of dogs or guns in October, but not more than 1921, 121.'
7 twenty raccoons shall be taken by one person in one season.
1925, 104; 320, § 2. 1930, 393, § 2.
1 Section 98. No person shall, between March second and October Restrictiona
2 thirty-first, both dates inclusive, set, tend, use or maintain a trap adapted Itaps^'^ ''"^
3 for trapping fur-bearing mammals^ and no person shall set or maintain {920; 437] § s.
4 any trap on the improved or enclosed land of another, or on land posted fggoj 'i^i"^
5 as pro\ided in section one hundred and twenty-three, without the written flgg'^gg" 5 2.
6 consent of the owner or occupant, nor shall any trap be placed in a public laai! 393. § 10.
7 way, cart road or path commonly used as a passageway for human beings
8 or domestic animals. No trap shall be placed within ten feet of a musk-
9 rat house, nor shall a muskrat house be torn open, disturbed or destroyed. *
10 Every trap shall be marked with the name of the person using the same,
11 in such a manner that it shall be legible at all times. Any trap set in
12 violation of law shall be confiscated by any officer empowered to enforce
13 this chapter and shall be declared forfeited and sold by the director,
14 or at his order, and the proceeds shall be paid to the commonwealth.
1 Section 99. Owners of property which has been damaged or injured fo "rotec™"^
2 or which the owners reasonably believe is likely to be injured by any ^°^^^l;^-
3 mammal, except deer, may, at any time and in such manner as may be 1920, 437, m.
4 necessary to protect said property from said mammals, place or authorize 1920) 131, § 55.
5 the placing of traps, for the purpose of taking said mammals, of the size
6 and kind not forbidden by section one hundred and five, on the said
7 land; provided, that the carcasses and skins of all protected mammals
8 so taken during other than the open season shall not be sold. A written
9 report shall be sent by every such owner to the director on or before
10 January thirty-first in each year, stating the number and kinds of mam-
11 mals taken under authority of this section.
1 Section 100. Violation of any provision of sections ninety-seven to Penalties for
2 ninetv-nine, inclusive, shall be punished by a fine of not less than twenty §§ 97-99.
3 nor more than one hundred dollars, in addition to any other penalty or 1920', 437,
4 forfeiture which may be imposed for taking, killing or having in possession ^^ ^- ^■
5 any birds or mammals at times or by means contrary to law.
G. L. (ed. of 1920) 131, § 56. 1930, 393, i 2.
1642
HUNTING AND TRAPPING.
[Chap. 131.
dfscharyng SECTION 101. Whocver, foF the purpose of hunting, taking OF killing
firearms upon ^jjy bird OF mammal, discharges any firearm upon any state or paved
highway's" "'^ highway, or within fifty yards of any such highway, shall be punished
193?; 436! I li. by a fine of not less than twenty nor more than fifty dollars.
1
2
3
4
Taking of birds
by snares, etc.,
penahzed.
1835, 136. I 2.
R. S. 53, § 6.
1855, 197, § 2.
G. S. 82,
§§2, 11.
1870, 304, § 6.
1877, 95, § 5.
1879, 209, § 6.
1881, 297, § 4.
P. S. 92, § 7.
1886, 276, § 6.
1891, 254.
1892, 102, § 2.
1897, 184.
1901, 174.
Section 102. Whoever constructs, sets, places, maintains or tends 1
a trap, net or snare for the purpose of taking or killing a bird, or takes a 2
bird by such means, or whoever hunts any bird with a swivel or pivot 3
gun, or by the use of a torch, jack or artificial light, or by the aid or use 4
of any vehicle, boat or floating device propelled by sail, steam, naphtha, 5
gasoline, electricity, compressed air or similar motive power, or whoever, 6
for the purpose of taking or killing a wild bird, places or causes to be 7
placed upon the shores or foreshores of, or in or upon, any waters within 8
the commonwealth grain of any kind shall be punished as provided in 9
section one hundred and thirty-six. 10
G. L. (ed. of 1920) 131, § 57.
1928, 24.
1930, 393. § 2.
aOp.A. G. 189.
R. L. 92. § 11.
1911, 101.
1906, 241.
1916, 110.
1909. .S28,
1919, 65; 83,
1910, 533, §§ 1, 4.
1920, 437.
Use of poison
in kilHng
mammals
penalized.
1913, 626, § 1.
G. L. (ed. of
1920) 131. § 58.
1923, 99, § 3.
1925, 334.
1928, 220.
1929. S3.
1930. 393, I 2.
1931, 436, § 12.
Section 103. Whoever places poison in any form whatsoever for 1
the purpose of killing any mammal or bird shall be punished by a fine 2
of not less than one hundred nor more than five hundred dollars, or by 3
imprisonment for not less than three months nor more than one year, 4
or both; provided, that this section shall not prohibit any person from 5
placing in his orchard or in or near his house, barn or other buildings 6
poison for the purpose of destroying rats, woodchucks or other pests of 7
like nature, or from placing with like intent under the surface of his 8
lands carbon disulphide in any of its forms or any other poison applied 9
in a manner similar to that in which carbon disulphide is applied. Pos- 10
session of the raw fur of any mammal or the dead body of any bird killed 11
by poison, except rats, woodchucks or other pests of like nature, shall 12
be prima facie evidence that the person having such possession has 13
violated this section. 14
Use of snares,
etc., in killing
mammals
penalized.
Exception.
1913, 626, § 1.
G. L. (ed. of
1920) 131, §58.
1923, 99, § 3.
1925, 334
|G. L. 131,
§ S8A1.
1929, 83.
1930. 393, § 2.
1931.436, § 13.
Section 104. Whoever constructs, erects, sets, repairs or tends any 1
snare for the purpose of catching or killing any mammal, or takes a 2
mammal by such means or by the aid or use of any motor vehicle or 3
artificial light, shall be punished by a fine of not less than fifty nor more 4
than two hundred dollars. The construction, erection, setting, repair- 5
ing or tending of any snare by any person shall be prima facie evidence 6
of a violation by him of this section. Nothing in this section shall be 7
construed to prohibit the hunting of raccoons or skunks or any unpro- 8
tected mammal in a lawful manner with artificial light, provided no 9
motor vehicle is used therefor. 10
Use of
certain trapa
penalized.
1913. 620. § 2.
G. h. (ed. of
1920) 131. §59.
1930, 393, § 2.
Section 10.5. Whoever sets, places, maintains or tends a trap, com- 1
monly called a steel or jaw trap, with a spread of more than six inches, 2
or a trap with teeth jaws, or a "stop-thief", "dead-fall" or choke trap 3
with an opening of more than six inches, shall be punished by a fine of 4
not less than twenty nor more than one hundred dollars. 5
Same subject. SECTION 105A. Whocver uscs, scts Or maintains anv trail or other 1
lliXcei)tmn. r» i' i • • i i • i • *i*i i o
19.30,428 device for the capture ol tur-bearing animals which is hkely to cause z
continued suli'ering to an animal caught therein, and which is not de- 3
|G L. 131
§ 59.\1
Chap. 131.] hunting .\nd tr.'vpping. 1643
4 signed to kill such animal at once or to take it alive unhurt, shall he fined j^l/i.''"^'
5 fifty dollars for each offense; but this section shall not apply to traps or
6 other devices for protection against vermin if set or maintained not more
7 than fifty yards from any building or cultivated plot of land to the use
8 of which tJie presence of vermin may be detrimental.
[Note: — This section was inserted as section 59.\ by 1930, 428, and the number changed
to section 105A by 1931, 426, § 242.]
1 Section 106. ^^^loeve^ fails to visit at least once in twenty-four Failure to
2 hours a trap set or maintained by him shall be pimished by a fine of not penluzed.
3 less than twenty nor more than one hundred dollars.
1913, 626, 5 3. G. L. (ed. of 1920) 131, § 60. 1930, 393, § 2.
1 Section 107. Whoever sets, places, locates, maintains or tends a Use of
2 trap of any kind with a scent or scented bait upon the premises of another peMiized*"
3 shall be punished by a fine of not less than twenty nor more than fifty g^'l. lid. of
4 dollars or by imprisonment for not more than one month, or both. JglSJ ili' ^ ®''
5 Nothing in this section shall be construed to prevent the using as bait i^^o, 393, § 2.
6 of fruit, vegetables, fish, birds or mammals, or parts thereof, provided
7 nothing is added thereto and that such bait is used in its natural state.
1 Section 108. Whoever, except as provided in this chapter, hunts or Deer not to
2 has in possession the carcass of a deer shall be punished by a fine of one except^hen
3 hundred dollars; pro\-ided, that any person may, on land owned or Pjuahy^"^^^"'
4 occupied by him, or, with the consent of the owner, upon land adjacent flg^g""^}!,
5 thereto, hunt any deer which he has reasonable cause to believe has R; l. 92 § 17.
6 damaged or is about to damage crops, fruit or ornamental trees, except laos! lig'.
7 grass growing on uncultivated land; and he may authorize any member igos! 377!
8 of his family, or any person employed by him so to hunt a deer under the igio] 545;
9 circumstances above specified. In the event of the wounding or killing 1913, 529,
10 of a deer as aforesaid, the person by whom or under whose direction the \^^^ *g|-
11 deer was wounded or killed shall, within twenty-four hours thereafter, l?'!^^?^',,
12 send to the director a written report, signed by him, of the facts relative g. L.'ced'. of'
13 to the said wounding or killing, including the time and place thereof, 1930, 393,' § 2. '
14 and the kind of tree or crop injured or destroyed, or about to be injured 257'Mlfs3'. 195*'
15 or destroyed by the deer.
1 Op. A. G. 523. 4 Op, A. G. 512.
1 Section 109. Any person duly authorized to hunt in the common- open season
2 wealth may, except in Nantucket county, between one half hour before p°enaUy;
3 sunrise and one half hour after sunset of each day beginning with the js'^.'s.*^'
4 first Monday in December and ending with the following Saturday, or, }|}|' |||-
5 in Berkshire, Franklin, Hampden or Hampshire county, between one |l,7-^,v,n
6 half hour before sunrise and one half hour after sunset of each day, be- 1919! 350]
7 ginning with the first Monday in December and ending with the second 123.
8 following Saturday, hunt, by the use of a shotgun or bow and arrow, a 1920) 131, °§ 63.
9 deer, subject to the following restrictions and provisions: No person Jgig! 66°'| 2^'
10 shall, except as provided in the preceding section, kill more than one \l~f 2i|-
11 deer. No deer shall be hunted on land posted in accordance with section imo, 393, § 2^
12 one hundred and twenty-three, or on land under control of the metro- 257 Mass! 195.
13 politan district commission, or in any state reservation subject to section
14 one hundred and fourteen except as provided therein. No person shall
15 make, set or use any trap, torch light or jack light, salt lick or other
1644
HUNTING AND TRAPPING.
[Chap. 131.
device for the purpose of ensnaring, enticing, taking, injuring or killing a 16
deer. No person shall carry on his person an arrow adapted for hunting 17
purposes unless it is plainly marked with his name and permanent ad- 18
dress. Whoever violates any provision of this section shall be punished 19
by a fine of not less than fifty nor more than one hundred dollars. 20
Penalty for
hunting
moose.
Dogs chasing
deer.
1693-4.19,
§5.').5, 8.
1698,21,551-3.
1717-18,
12, 5 1.
1739-40, 3, § 1.
1754-5, 7.
1763-4, 28. § 2.
1802, 15.
1806, 45.
1817, 58.
1823, 74.
G.S. 53, §§7,
8; 82, 55 12,13.
1869, 246. 5 8.
1870, 304,
§S 7, 8.
1871, 320.
Section 110. Whoever hunts a moose shall be punished by a fine of
not less than fifty nor more than one hundred dollars.
1913, 529, §5; 744. G. L. (ed. of 1920) 131, 5 64. 1930, 393. § 2.
Section 111. The director, wardens, deputies, any member of the
state police, or any oflicer qualified to serve criminal process, may kill
a dog found chasing or hunting deer at any time, if the dog is so chasing
or hunting with the knowledge and consent of his owner or keeper, and
the owner or keeper shall be punished by a fine of not less than twenty
nor more than fifty dollars. If a dog has twice been found chasing or
hunting deer, and the owner or keeper of the dog has been notified on
each occasion by the director, and the same dog is thereafter found
chasing or hunting deer, it shall be prima facie evidence that such chas-
ing or hunting was with the knowledge and consent of the said owner
or keeper.
1919, 350, 55 39, 40, 43,
99. 101. 102.
G. L. (ed. of 1920) 131, § 65.
1930, 393, 5 2.
lOp. A. G. 523.
9
in
11
1874, 77, 5 2.
1882, 199.
1877, 95, §§ 6, 8.
R. L. 92, 5 IS.
1879.209, §§7, 10.
1902, 154.
1881, 297, § 5.
1905, 245.
P. S. 92, 5§ 8, 10.
1913, 552.
Hunting of
bir<la or mam-
mals with
firearm, or
by aid of dog,
regulated.
1913,542,51.
1916,7.
G. L. (ed. of
1920) 131, § 66.
1922, 128.
1930, 393, § 2.
Section 112. No person shall between one half hour before sunrise
on the first Monday in December and one half hour after sunset on the
following Saturday, or, in Berkshire, Franklin, Hampshire or Hampden
county, between one half hour before sunrise on the first Monday in
December and one half hour after sunset on the second following Satur-
day, hunt a bird or mammal with a rifle, revolver or pistol or by the aid
of a dog, or have in his possession, or under his control, in any wood or
field, a rifle, revolver or pistol, or a dog adapted to the hunting or pur-
suing of birds or mammals, or, while in pursuit of birds or mammals,
have in his possession, or under his control, on any highway, any such 10
firearm or dog. H
Payment by
commonwealth
of damages
caused by deer
or moose
regulated.
1903, 407.
1912, 438.
G. L. (ed. of
1920) 131, § 67.
1921, 257, § 1.
1927, 194.
1928, 361.
19.30, 393, 5 2.
1931, 436, 5 16.
Section 113. Whoever suffers loss by the eating, browsing or tram-
pling of his fruit or ornamental trees, vegetables, produce or crops by
deer or moose, if the damage is done in a city may inform the officer of
police thereof who shall be designated to receive such information by the
mayor, and if the damage is done in a town may inform the chairman
of the selectmen of such town, declaring the amount of such damage as
nearly as he can determine the same. If the amount so declared does
not exceed twenty dollars, the oflficer or chairman shall i)roceed to the
premises and determine whether the damage was inflicted by such deer 9
or moose, and, if so, appraise the amount thereof and within ten days 10
after such appraisal is made return to the director a certificate of the 11
damages fixed by such appraisal. If the amount of said damage is 12
declared by the owner of the damaged property to exceed twenty dollars, 13
said owner shall notify the director of said damage. The director, within 14
eight days after receiving such notice, shall determine whether the dam- 15
age was inflicted by such deer or moose, and, if so, he shall at once pro- 16
ceed to ha\e an ajjpraisal made under oath by three persons, one of 17
Chap. 131.] hunting and tr-Ipping. 1645
18 whom shall be designated by the owner of the damaged property, one by
19 the director and the third by the trustees for county aid to agricuHure
20 or for the county agricultural school of the county in which the damage
21 occurred. Within ten days after such appraisal is made, the appraiser
22 designated by the director as aforesaid shall retiu-n to the director a
23 certificate of the damages fixed by such appraisal. The director shall,
24 within thirty days after receiving such certificate, if he finds the claim
25 to be just and the appraisal correct, endorse his approval thereon and
2G transmit the same, with the cost of appraisal added, to the comptroller,
27 and the amount so certified shall be paid by the commonwealth; pro-
28 vided, that if any doubt exists, the director may summon the appraisers
29 and all parties interested and make such examination as he thinks proper
30 and may cause the appraisers to review their appraisal or cause a new
31 appraisal or appraisals to be made as aforesaid by other appraisers desig-
32 nated and proceeding in the same manner as the original appraisers.
33 Each appraiser, except when a paid official or employee of the common-
34 wealth or of a county, shall receive compensation from the common-
35 wealth at the rate of sixty-five cents per hour for not more than eight
36 hours in any one day while acting as such and ten cents a mile for his
37 necessary travel.
38 Any tree appraised in the manner above referred to as having been
39 totally damaged, and for which compensation has been paid by the
40 commonwealth under this section, may thereafter be removed by the
41 director without fm-ther compensation therefor, or the director may
42 mark or cause to be marked in a suitable manner trees for which com-
43 pensation has been paid.
1 Section 114. No person shall hunt, or in any manner molest or Hunting of
2 destroy any bird or mammal within the boundaries of any state reser- mal^ within"'
3 vation, park, common or any land owned or leased by the common- fet'uiat'ed"'^'
4 wealth or anv political subdivision thereof or anv land held in trust for li!!?-!' ^^t . ,
_ , ,. ■ , ,, ... ■ , . 1920. 604, S 4.
5 public use, except that tne authorities or persons having the control ^ ,l (ed. of
6 and charge of such reservations, parks, commons or other lands may, 1925. 320,' § 1. '
7 with such limitations as they may deem advisable, authorize persons to 1930! 393. §'2.
8 hunt within said boundaries any of the birds named in section seventy- 0920) 72', 215.
9 seven, or the fur-bearing mammals, except muskrats, mentioned in
10 section ninety-seven, or foxes, weasels or wildcats, and except that
1 1 deer may be hunted in any state forest reservation subject to this section
12 during the open season for deer, if the commissioner with the approval
13 of the governor and council declares such open season effective therein.
14 Such authorizations, except for hunting deer on state forest reservations
15 as aforesaid, shall be by written license, revocable at the pleasure of the
16 authorities or persons granting it. The boards, officials and persons
17 having charge of such reservations, parks, commons or lands owned or
18 leased or held for public use shall enforce this section.
19 This section shall not apply to state forests acquired under section
20 thirty or section thirty-three of chapter one hundred and thirty-two.
1 Section 115. For the purpose of protecting any species of useful ™tuirie3.
2 birds, mammals or fish, and for aiding the propagation thereof, the com- f "'!'y''n'f^''V
3 missioner may acquire in fee by purchase, gift or devise, or may lease, 1911.410. § 1. '
4 or, with the consent of the owners, may control any land, water or shore §§ 39, 40.'
5 or the right to use the same, including the right of the public in such 1920) 13V, "§69.
6 land or on such water or shore, as a wild life sanctuary. The commis- \lfo, lol', 1 2.
1646 HUNTING AND TR.'VPPING. [ClL\P. 131.
sioner, with the approval of the governor and council, may receive in 7
trust for the commonwealth any grant or devise of land or any gift or 8
bequest of personal property for the purpose of aiding in the propaga- 9
tion and protection of any useful birds, mammals or fish; provided, that, 10
unless approved by the general court, no obligatiq*i shall be imposed on 11
the commonwealth to expend in the carrying out of any trust more than 12
the income of the trust property, or more than the income and principal 13
thereof if by the terms of the trust the principal may be expended. 14
Any such gift or bequest of money or securities shall be transferred forth- 15
with to the state treasurer, who shall administer it as provided by sec- 16
tion sixteen of chapter ten. 17
Reservations SECTION 116. In Tcspcct to any territory mentioned in the two pre- 1
tuaries. Ceding sections, the director may make such use of the land, water or 2
Pe"nlity.°' shorc withiu the territory as he deems best for the purpose of improving 3
§§V,'9.'°' the feeding and nesting environment of bu-ds or mammals, and may from 4
§f 39,^40.' 43. time to time make such rules and regulations relating to such use as he 5
?920) 131,^71. deems proper, and such rules and regulations, when approved by the 6
nil' 393' I li governor and council, shall have the force of law. The director may 7
liberate birds within the limits of the said territories, and, when in his 8
opinion such action is advisable, co-operate with land owners within 9
such territory in experiments in the propagation of birds or mammals. 10
Whoever violates any provision of such rules or regulations shall be 11
punished by a fine of not less than twenty nor more than one hundred 12
dollars or by imprisonment for not more than two months, or both. 13
Public shoot- Section 116A. For the purpose of providing public shooting grounds, 1
1931, 436, § 17. the director may acquire by gift, and shall in his discretion acquire by 2
leases not to exceed five years, lands and waters, except a brook or 3
stream which is a source of or a tributary to a public water supply, with- 4
in the commonwealth, or either of them, or shooting rights thereon or 5
therein, together with such rights of ingress to and egress from such 6
lands or water as may be necessary and proper. Said director may, 7
subject to the provisions of section thirty-seven of chapter thirty, make 8
rules and regulations relative to hunting in any lands or waters acquired 9
under authority of this section, may provide a penalty, to consist of a 10
fine not to exceed twenty dollars, for any violation of any such rule or 11
regulation, and may from time to time close or open such lands or waters, 12
or any part thereof, for hunting. 13
uappinl harm- SECTION 117. The difcctor may authorize in writing any warden or 1
^"'u'd'"'""'^ deputy or the owner or occupant of any land within any such territory 2
1911. 410, § 4. or any other responsible person to hunt or trap within the said territory 3
§§39,' 40.' 43. and under the direction of the director any mammals or birds which he 4
1920) 131. "§72. may consider harmful to other birds and mammals or to agriculture, or 5
i93o!393, §2. to take or remove the nests or eggs of any such first mentioned birds. 6
Publication SECTION 118. If an ordcr is made by the commissioner establishing 1
lishiLB close a wild life sanctuary, as provided in section one hundred and fifteen, he 2
sancTua'ry. shall causc a copy of the order to be published once a week for two sue- 3
1919! 35o; ^ ^' cessive weeks in one or more newspapers published in the counties em- 4
G. u'ctd. of bracing the territory, and shall cause copies of the order to be posted in 5
1930' m'l 2^' conspicuous places within the towns where the territory is situated, and 6
1931! 393; § 12. also within the limits of the territory itself. If a great pond or any part 7
ClL\P. 131.] HUNTING AND TRAPPING. 1647
8 thereof, or any seashore, is inchicled within the territory, a copy of the
9 order shall be filed in the office of the clerk of any town bordering upon
10 the pond or seashore, and also in the office of the state secretary. An
11 order made by the commissioner in accordance herewith shall take effect
12 when posted as above provided, and shall contain a full description of
13 the territory so established and the period for which it is closed.
1 Section 119. Whenever such wild life sanctuary has been established wXtin/dose
2 by an order as above provided, no person, except as provided in section "<''>=*<'" o"'
0 1 1 1 1 1 11 1 1.1 . sanctuary.
S one hundred and seventeen, shall hunt or trap any bird or mammal lan.iio.
4 within the said territory, or disturb or injure any nest, eggs or young of g. l. (ed. of
5 such bird or mammal, or remove the eggs or young from the nest. Who- islo.'sls,' II*'
6 ever violates any provision of this section shall be punished by a fine of ^^^'' ^^^' * ^^'
7 not less than twenty nor more than one hundred dollars or by imprison-
8 ment for not more than two months, or both.
1 Section 120. Except as provided in section one hundred and seven- Possession of
2 teen, no person shall enter with a firearm or any device adapted for upTnTanc-'"'
3 killing or injuring birds or mammals or with a trap or snare upon any penSi'zld."
4 territory established in accordance with section one hundred and fifteen q 'l' "d' of*'
5 as a wild life sanctuary. Whoever violates any provision of this section Jgso'sga'fl^
6 shall be punished as provided in the preceding section.
1931, 393, § 14.
1 Section 120A. Consent of the commonwealth of Massachusetts is Migratory
2 hereby given to the acquisition by the United States, by purchase, gift, f^Jruisaforby
3 devise or lease, of such areas of land or water, or of land and water, in goTCmment
4 Massachusetts, as the United States may deem necessary for the estab- S^l'tioM.
5 lishment of migratory bird reservations in accordance with the act of i^^'- 1^^.
6 congress approved February eighteenth, nineteen hundred and twenty-
7 nine, known as the migratory bird conservation act, reserving, however,
8 to the commonwealth of Massachusetts full and complete jurisdiction
9 and authority over all such areas not incompatible with the administra-
10 tion, maintenance, protection and control thereof by the United States
11 under the terms of said act of congress.
1 Section 121. No person shall transport or cause to be transported ^nfdn'oTto''
2 out of the commonwealth any bird or mammal protected by this chap- be sent out
3 ter which has illegally been taken or killed therein.
1S86, 276, § 10. 1902. 236. 1930. 393, § 2.
R. L. 92, § 22. G. L. (ed. of 1920) 131, § 77.
1 Section 122. Officers in charge of public buildings in cities and such Extermination
2 officers as the selectmen designate and appoint in towns may take such sparrow'*
3 reasonable means and use such appliances, except poison, as in their i^S'eJ^nce.
4 judgment will effectively exterminate the English sparrow and starling jf^L'. 92^ § 21.
5 in such cities and towns, but nothing herein shall authorize an officer ^g^:^ 'j'g'^j °^^g
6 to enter on private property without the consent of the owner or occu- i930, 393,' 5 2.
7 pant thereof. Whoever wilfully resists such officers while engaged in
8 such duties or knowingly interferes with the means used by them for
9 such purpose shall be punished by a fine of not less than twenty nor more
10 than fifty dollars.
1 Section 123. ^^^loever fishes, hunts or traps on private land with- Penalty
2 out permission of the owner or tenant thereof, after such owner or tenant h°untfng°etc.,
1648
HUNTING AND TRAPPING.
[CiLiP. 131.
has conspicuously posted thereon notices, bearing thereon the name of
such owner or tenant, stating that fishing or hunting thereon is pro-
Sale, etc., of
certain birds
penalized.
1817. 103, § 1.
1830, 69.
R. S. 53, § 1.
1849, 158. § 2.
1850, 296.
1855, 197, § 1.
G. S. 82, § 1.
1869. 246. § 1.
1870. 304, § 1.
1877, 95. § 1.
1879, 209, § 1.
1881, 297, § 1.
P. 8.92, §§2,4.
1884,308, §5 2, 3.
1886, 276, §§ 3, 5.
1893, 189; 398.
1894, 97; 205.
1898, 195.
1900, 379, §§ 2, 5.
1901, 102.
R. L, 92, 5§2. 3,
6. 9. 15.
1902, 165.
1903. 206.
1904. 369.
1905. 406.
1906. 303. §§ 1, 2.
1907. 166.
1908. 441. §§ 2. 4.
1910. 564, § 1.
1911, 172, § 1; 236,
§§ 1, 2; 356, §§3. 5.
1912.203; 567. §§ 1.9.
1913, 270.
1917. 170, §§ 1, 3.
1919, 153, |§ 1. 3.
G. L. (ed. of 1920)
131. §81.
1922. 171. § 2.
1923. 307. § 3.
1930, 393, § 2.
1931. 291. § 2.
4 Op. A. G. 518.
on posted
land.
1SS4. 308,
R. L. 92, § 14. hibited, shall be punished by a fine of not more than twenty dollars. 5
G. L. (ed. of 1920) 131, § 79. 1930, 393, § 2. 4 Op. A. G. 518.
Section 124. No person, except as provided in section one hundred 1
and twenty-fi\e, one hundred and twenty-six, one hundred and twenty- 2
seven, one hundred and twenty-nine, one hundred and twenty-nine A 3
or one hundred and thirty, shall buy, sell, barter, exchange, or in any 4
way deal in or trade with respect to, the dead or living bodies of birds 5
or mammals, protected by the law in this commonwealth, whenever and 6
wherever taken or killed. Whoever violates any provision of this section 7
shall be punished by a fine of not less than fifty nor more than one hun- 8
dred dollars. 9
Hares or rab-
bits taken
outside of
state, sale
regulated.
Section 125. Hares or rabbits lawfully taken without the com- 1
monwealth may be sold; provided, that the sale thereof is lawful in the 2
state or country in which they are taken. 3
1901, 102.
R. L. 92, § 9.
1907. 166.
1908. 413.
1909. 466. §§ 1.2.
1911. US. §§ 1.4.
1914. 120.
1917. 170. § 4; 196.
1919. 153. § 4.
1920. 425. §§ 1. 3. 5.
G. L. (ed. of 1920)
131, § 46.
1921. 152.
1922, 117. §§ 1 IG.L. 131,
§46A1. 2; 160.
1925. 179.
1926. 88.
1930, 393, § 2.
Buying, selling,
etc.. of skins of
minks, otters,
muskrats. etc.,
regulated.
1920. 437. § 5.
G. L. (ed. of
1920) 131, § 52.
1930, 393. § 2.
Section 126. The skins of minks, otters, muskrats, skunks and
raccoons which have been legally taken or legally propagated in the
commonwealth or legally taken and transported from any other state
or country which does not prohibit their sale or export may be bought
or sold at all times, but the burden of proof that such skins were law-
fully taken shall be upon the person possessing them.
Possession,
sale, etc., of
protected live
birds or
mammals
regulated.
1906,301. § 1.
1908, 477, § 2.
1909, 309,
§§2,4; 421,
§§1.3.
1911, 19,
§ 2; 356, § 2.
1912, 567,
§§2. .3. 9.
1919. 350.
§§ 39. 40. 43.
G. L. (ed. of
1920) 131,
§§ 82, 83.
1930, 393, § 2.
1931,393, § 13.
Section 127. Except as otherwise provided, no person shall have in 1
his possession at any time a live bird or mammal which is protected by 2
this chapter; but a permit to possess within an enclosure such a bird or 3
mammal may be issued by the director in his discretion to any person. 4
Birds and mammals had in possession under any such permit may be 5
sold at any time, except that if sold for food they shall be killed, and shall 6
be tagged as follows: To the carcass of each bird and to each quarter of 7
each mammal shall be affixed a numbered tag, to be supplied by the 8
director at a cost of five cents each; and an accurate account of birds 9
and mammals so killed and tagged shall be kept by the licensee and 10
submitted to the director on or before December thirty-first of each 11
j'ear, together with the names of any persons to whom they were sold 12
or transported. E\ery package containing birds or mammals killed 13
under this section shall be plainly labelled with the name of the holder 14
of a permit by whom such birds or mammals were killed, with the name 15
of the consignee, and with a statement of the number and kiiul of birds 16
or mammals contained therein. All carcasses or parts thereof shall 17
reinaiii entire and unphickcd until the time when they are prepared for IS
consumption as food. The sale of any carcass, or part thereof, not 19
Chap. 131.] hunting and trapping. 1649
20 having at the time affixed thereto the tag required by this section, shall
21 be punished as provided in section one hundred and thirty-si.x.
22 Nothing herein shall be construed to permit the possession of a live
23 bird or mammal by a person purchasing or receiving such bird or niam-
24 mal from a holder of a permit unless such purchaser or receiver shall also
25 hold a permit under this chapter or be otherwise authorized by this
26 chapter to so possess.
1 Section 128. Any person holding a permit or license under section Forfeiture of
2 one hundred and twenty-seven or one hundred and thirty, convicted of m^rse?, §^4.
3 any violation of this chapter or of corresponding provisions of earlier 1920) i3i,"§84.
4 law, shall forfeit such permit or license and be debarred from securing Jgi?; 39I; j ib.
5 a new permit or license for a period of one year from the date of con- | "p- a- "■
6 viction, in addition to being subject to the penalties provided in sections
7 one hundred and thirty-one and one hundred and thirty-six. No person
8 shall be eligilile to hold such a permit or license if he has been convicted
9 of any violation of this chapter or of corresponding provisions of earlier
10 law within one year prior to application therefor.
1 Section 129. Any person licensed under section one hundred and f^f^^'fj™'
2 thirt>- may have in possession and sell the unplucked entire bodies of J-^i^^^g'^^^j 5
3 the following species of birds imported from without the United States, 1919; 350! §^43.
4 namely, pheasants, mallard ducks, Scotch grouse, European black game, ipoi m.lss
5 European black plover, European or gray partridge, red-legged partridge, igh] 393! § 2.
6 and Egyptian or migratory quail; provided, that such birds were legally
7 killed in the country whence they were imported. Any such person may
8 buy, sell and have in possession deer, moose, caribou and elk legally
9 killed outside of the commonwealth and legally transported therein;
10 provided, that there is attached to some part of the body of such deer,
11 moose, caribou or elk the game warden's tag allowing the same to be
12 shipped from the state or country in which it was killed; and provided,
13 further, that before any such bird or mammal is sold in the common-
14 wealth, there shall be affixed to each carcass or body, or part thereof, a
15 numbered tag, to be supplied at a cost of five cents each by the director,
16 and said tag shall be affixed to said body or carcass upon its entry into
17 the commonwealth and be kept thereon while the same is within the
IS commonwealth.
1 Section 129A. Anv person mav sell to a person licensed under saie of deer,
"■ 1' 11*111 xi? nioosPi clc,
2 section one hundred and thirty to deal therein the whole or any part or lawfuib-^taken
3 a deer, moose, caribou or elk legally killed by him outside of the com- ""afe regulated.
4 monwealth and legally transported therein; provided, that there ig i93i. 291, § 1.
5 attached to some part of the body of such deer, moose, caribou or elk
6 the game warden's tag allowing the same to be shipped from the state
7 or country in which it was killed.
1 Section 130. The director may in his discretion grant to any person d«'|||'
2 a dealer's license authorizing the holder thereof to engage in the business i|86, 276. 5 3.
3 of selling and offering for sale the dead bodies of birds or mammals pro- 1893', 398.
'I'll RQ4 '^OS
4 tected by this chapter and tagged in accordance with section one nun- jgoo; 579]
5 dred and twenty-seven or imi)orted under section one hundrecl and «3,*^2_
6 twenty-nine; but a person holding a permit issued under authority of «p|,4'g|;
7 said section one hundred and twenty-seven may sell or offer for sale 1904! 369.
1650
HUNTING AND TRAPPING.
[Chap. 131.
1905, 406.
1906, 301, §§ 1
2; 303, §§ 1, 2.
1908, 441, § 2.
1909, 421,55 1,
3; 508, § 1.
1911, 356, §3.
1912, 567,
§5 6, 9.
birds or mammals, alive or dead, in accordance with said section without 8
procuring a license hereunder. No license shall be required of any 9
person purchasing any such dead body, or part thereof, from a person 10
holding a license hereunder or a permit under section one hundred and 1 1
twenty-seven. 1-
1919, 350, §§ 39, 40. 43.
G. L. (ed. of 1920) 131, § 86.
1930, 393, § 2.
1931, 393, § 17.
Penalties for
violations of
§§ 125-130.
1817, 103, § 1.
R. S. 53, § 1.
1837, 170, § 1.
1844. 156, § 1.
1855, 197, § 1.
G. S. 82,
§§ 1,5,6.
1869, 246.
55 1,3.
Section 131. Whoever violates any provision of sections one hun- 1
dred and twenty-five to one hundred and thirty, inclusive, or counter- 2
feits or uses again any tags used as therein provided, shall for the first 3
offence be punished as provided in section one hundred and thirty-six 4
and for a subsequent offence by imprisonment for not more than three 5
months. "
1870, 304, 55 1-4-
1877,95, 55 1-3.
1879, 209, 55 1-3-
1881, 291, 5 1.
P. S.92, 551-4.
1884, 308, 5 3.
1886, 276, §5 3, 5.
1893, 189.
1894, 97; 205.
1898, 195.
1900, 379, § 5.
1901, 102.
R. L. 92, 55 2-4, 6,9,15.
1902, 165.
1903, 206.
1904, 369.
1905, 406.
1906, 301, 55 2,3;
303, §5 2, 3.
1907, 166.
1908,
441,
5§3, 4;
477,
5 3.
1909,
309,
§§3,4;
421,
§§3,
4; 508, 55 3,
4.
1910,
564,
5 3.
1911,
19,
§ 3; 172,
, 55 3
.4;
236,
55 2,
3; 356,
§5 4,
5.
1912,
567,
§5 9, IC
1.
G. L.
(ed.
of 1920) 131,
§83.
1930,
393,
§2.
1931,
393,
5 18,
Museums, etc.,
exempt from
§ 124.
Application of
certain sec-
tions.
1897, 524.
1898, 339.
R. L. 92, § 8.
Section 132. Section one hundred and twenty-four shall not apply 1
to natural history associations and museums nor to holders of the cer- 2
tificates provided for in section seventy-seven, and sections one hundred 3
and twenty-four to one hundred and thirty, inclusive, shall not apply 4
to the sale of feathers or fur. 5
1903, 244, 5 2; 329.
1909, 421, § 1; 508. 5 1.
1912. 567, 5 7.
1917, 73.
G. L. (ed. of 1920) 131, § 89.
1930, 393, 5 2.
SmngoT Section 133. Whoever in any town kills a wildcat, Canada lynx or
wildcat, loupcervier not being in captivitv shall, upon producing satisfactory
Canada lynx or ^T , , •,,. i * i * i • p j i j. e j-L
loupcervier. evidcncc of such killing, be entitled to receive rrom the treasury oi the
G. L. (ed.'of town the sum of ten dollars; and all sums so paid out shall be repaid to
192°! 199.' ^ ^°' the town treasurer by the treasurer of the county where the town is
1930, 393, 5 2, gi|.yatg(i. provided, that a sworn statement thereof shall be transmitted
bv the town treasurer to the county treasurer.
Gu°n^°Kst»°dB Section 134. No person shall conduct or maintain a gunning stand 1
regulated. or blind uulcss it is registered as hereinafter provided. For the purposes 2
im 3M, 5 2. of this section, a gunning stand or blind shall mean any building or 3
436.^U8.' ' "' blind, so called, conducted and maintained for the purpose of taking 4
anatidae by the use of live duck and goose decoys on the shore of any 5
body of water or on any tidal marshes, flats or beaches. Whoever vio- 6
lates any provision of this paragraph shall be punished by a fine of not 7
less than twenty nor more than one hundred dollars. 8
The director shall, upon application of any person, issue a certificate 9
of registration of a gunning stand or blind. Such application shall be 10
signed by the applicant, or, if the applicant is an association or corpora- 11
tion, by all the members thereof, shall be made upon a blank furnished 12
by the director, shall contain such information as may be required by 13
the director and shall be accompanied by a fee of two dollars and seventy- 14
five cents. The certificate of registration shall bear the name and address 15
of the person conducting or maintaining such stand or blind and its 16
location. Said certificate shall be valid for use to and including the 17
Chap. 131.] hunting and trapping. 1651
IS following December thirty-first, shall not be transferable and .shall be
19 produced for examination upon the demand of any authorized i)erson.
20 The director may, after a hearing, revoke any such certificate of regis-
21 tration if it appears to him that there has been any violation of this
22 chapter upon the registered premises, and shall not restore such a certifi-
23 cate for a period of one year following its revocation. Any person who
24 loses or by mistake or accident destroys any certificate issued under
25 authority of this section may, upon application to the director, accom-
26 panied by an affidavit setting forth the circumstances of such loss,
27 receive a duplicate certificate ujjon the payment of a fee of fifty cents.
1 Section 135. Nothing in this chapter shall be construed to prohibit Training of
2 the training of hunting dogs, so called, between September first in any amhuriied.^'
3 year and the following April first; provided, that no firearms may be imoI'sm, 5 2.
4 carried, except during the open seasons provided by this chapter, by the '^'^'' '^^°'
5 person so training such dogs. Nothing in this chapter shall be construed
6 to prevent the holding of field trials for such dogs, during any part of
7 the year, if authorized by a permit from the director and conducted in
8 accordance with such rules and regulations as he may prescribe. Author-
9 ity is hereby granted to the director to issue such permits and to make
10 such rules and regulations.
1 Section 136. Unless the context otherw^ise requires, a violation of Penalty for
lllll-r- violations of
2 any provision of sections seventy-tour to one hundred and thirty-five, §§74-135
3 inclusive, or of any rule or regulation made under authority thereof, for 1930, 393, § 2
4 which no other penalty is provided, shall be punished by a fine of not 436, '5 is'
5 less than twenty nor more than fifty dollars for each fish, bird or mammal
6 in respect to which such violation occurs or each provision, rule or regu-
7 lation in respect to which such violation occurs. Any net, trap, snare, »
8 jacklight or other similar device used by any person in violation of any
9 provision of said sections or of any such rule or regulation and any bird
10 or mammal taken in violation of any provision of said sections or of any
11 such rule or regulation shall, upon a finding of guilty, be forfeited to the
12 commonwealth and shall be disposed of as the director shall determine.
[Note: — In the revision of the fish and game laws made by chapter 393 of the acts
of 1930 certain penalty provisions appearing in sections 22, 25, 32 to 34, 36 to 44, 44A,
45, 48, 49, 57, 60, 66, 68 and 77 of chapter 131 of the General Laws (as existing immedi-
ately prior to such revision) were omitted and are now covered by the general penalty
provision in the foregoing section. For the history of the earlier penalty provisions so
omitted see the marginal references opposite the several sections above referred to.]
1652
FORESTRY.
[Chap. 132.
CHAPTER 132
FORESTRY.
Sect
Sect
1.
Duties of state forester.
23.
2.
Gifts and bequests.
24.
3.
Payment of forest wardens for cer-
tain investigations. Conventions
25.
of forest wardens.
26.
4.
Report.
5.
Management of forest land.
27.
6.
Advice to owners of forests.
28.
7.
Labor on state forests.
29.
8.
Agents destroying gypsy moths may
enter on any land.
30.
9.
Nurseries of forest trees.
31.
10.
[Repealed.]
32.
11.
Gypsy and brown tail moths declared
public nuisances. Regulations for
33.
their suppression.
34.
12.
Penalty for interfering mth moth
work.
34A.
13.
Local gypsy moth superintendents.
14.
Reimbursement of cities and towns.
15.
Accounts.
35.
16.
Sums to be spent by cities and towns.
36.
17.
Same subject.
37.
18.
Notice to land owners. Assessment
of cost of work.
19.
Assessment of special benefits.
20.
Appeal.
38.
21.
Abatement of assessment.
39.
22.
Application for abatement.
Abatement.
Record of abatement.
Tent caterpillar, leopard moth and
elm beetle.
Entry on land. Assessment for cost of
work.
Arsenate of lead furnished at cost.
Collection of amount charged.
Forester to furnish arsenate of lead.
State forests. Fire observation tow-
ers.
Management of state forests.
Appropriation.
Additional lands for state forests.
Temporary assistants.
Rules as to use of state forests. Pen-
alty.
Sale, etc., of state forest land and
interests therein. Light and power
transmission lines.
Forests in cities and towns.
Appropriation.
Duties of local forest wardens.
STATE TRAILS OR PATHS.
State trails or paths.
Same subject. Contributions
cities, etc.
by
Duties of
Btate forester.
1904. 409, § 2.
1905. 381. § 3.
1906. 268. § 1.
1908, 591, § 1.
1909, 263,
§§ 1,2.
1917, 63.
1919, 350, § 42.
1931, 144, § 6.
224 Mass. 28.
241 Mass. 1.
Section 1. The state forester, in this chapter called the forester, 1
shall act for the commonwealth in suppressing the gypsy and brown tail 2
moths; shall promote the perpetuation, extension and proper manage- 3
ment of the public and private forest lands of the commonwealth; shall 4
give such a course of instruction to the students of the Massachusetts 5
state college on the art and science of forestry as may be arranged by the 6
trustees of the college and the forester; and shall perform such other 7
duties as may be imposed upon him by the governor and council. 8
Gifts and
bequests.
1908, 478,
1910, 153.
1919, 350,
§§39-41.
1924, 284,
1931, 126,
5 3.
§1.
§ 1.
Section 2. The commissioner of conservation, in this chapter called 1
the commissioner, with the approval of the governor and council, may 2
accept on behalf of the commonwealth bequests or gifts to be used for the 3
purpose of advancing the forestry interests of the commonwealth, under 4
the direction of the governor and council, or for the laying out, con- 5
struction or maintenance of state trails or paths, in such manner as to 6
carry out the terms of the bequests or gifts. The commissioner shall 7
forthwith transfer any such bequest or gift of money or securities to the 8
state treasurer, who shall invest, reinvest and administer it in the man- 9
ner j)rovided by section sixteen of cliapter ten and sliall be liable on his 10
bond for the faithful inanagemeiit thereof. The commissioner may, 11
subject to the approval of the deed and title by the attorney general, 12
Chap. 132.] forestry. 1653
13 accept on behalf of the commonwealth gifts of land to he held and man-
14 aged for experiment and illustration in forest management and for re-
15 forestation in accordance with such rules and regulations as the com-
16 missioner, with the approval of the governor and council, may prescribe.
17 A donor of such land may reserve the right to buy back the land in ac-
18 cordance with such terms and conditions as may be agreed upon by and
19 between such donor and the commissioner; but in the absence of such
20 reservation in his deed of gift he shall not have such right.
' 1 Section 3. The forester shall from the money appropriated annually f^y^^°l°^^^^
2 for the expenses of his office recompense the forest wardens for the time Sm'^enain
3 spent by them in making investigations under his direction, as required convenSoM^'
4 by section thirty-seven of this cliapter and section twenty-five of chapter °J.^"ai^,
5 forty-eight; provided, that he shall not be liable to make any such pay- \fl;^''^'
6 meiit except upon the presentation of a duly itemized account or to pay laia. 350, § 42.
7 for such investigations at a rate greater than that approved by him or
8 in excess of the appropriation available for such payment. He may also
9 ex-pend such sums as are annually appropriated in making necessary
10 arrangements for conventions of forest wardens to be held at a place
11 within the connnonwealth and in paying wholly or in part the tra\'eling
12 expenses to and from their towns of such forest wardens who attend these
13 conventions; provided, that no money shall be ex-pended in paying the
14 traveling ex-penses of any one warden to or from more than one convention
15 in one year.
1 Section 4. The commissioner shall make an annual report of the acts R<jP°rtj^^ ^ ^
2 of the forester. The report shall separate so far as practicable the expend- ibos! ssi! § 2.
3 itures on work against the gyps>- moth from those on work against the \ln\ 722! 5 2.
4 brown tail moth in each town. It shall include the account of all money \l\*g p°' ^ ^■
5 invested in each state forest and of the annual income and expense thereof, '5^'|;||°42.
6 and the report of the state fire warden required by section twenty-eight
7 of chapter forty-eight.
1 Section 5. The forester shall replant or otherwise manage all land ^^°,\ft"i'a°i
2 acquired by the commonwealth and held by it under section ten in such jsos. 478. § s^
3 manner as will produce the best forest growth both as to practical forestry
4 results and protection of water supplies.
1 Section 6. The forester may give to any person owning or controlling Advice to
2 forest lands aid or advice in the management thereof. Any recipient of foresta.
3 such aid or advice shall be liable to the commonwealth for the necessary 1919; 350: § 42.
4 expenses of travel and subsistence incurred by him or his assistants. The -^^ '•'"^^ -*•
5 forester may publish the particulars and results of any investigation made
6 by him or his assistants as to any lands within the commonwealth, and
7 the advice given.
1 Section 7. The forester, in the reforestation, maintenance and ^t|'?ff°°3t8.
2 development of lands purchased under section thirty or thirty-three, Jsh. 720, § 4.^
3 shall, so far as practicable, obtain the labor necessary therefor under
4 sections eighty-three and eighty-four of chapter one hundred and
5 twenty-seven.
1 Section 8. The clerks, assistants and agents employed by the for- Agenta^^^
2 ester may, for the purpose of carrying out the provisions of this chap- gypsy moths
1654
FORESTRY.
[ClLiP. 132.
may enter on
any land.
1905. 381, § 3.
1906, 268, § 1.
1908, 591,
§§1.2.
1909, 263, 5 2
3
4
5
6
7
8
1
2
3
4
5
ter relative to the suppression of gypsy and brown tail moths, enter
upon any land; and any local superintendent appointed as provided in
section thirteen or any agent or employee of such superintendent may
..„„,.„„, ... enter upon any land within the said town for the purpose of determin-
1919', 35o; § 42. ing if such land is infested with said moths or the extent to which such
241 Mam. 1. i^^^ jg gQ infested.
foTeirireef SECTION 9. The forestcr may establish and maintain nurseries for
ifil'wF^^' ^^^^ propagation of forest tree seedlings upon such lands of the com-
1919! 35o; § 42. monwealth at any state institution as the superintendent or trustees
1926, 164. thereof may set apart for this purpose and upon such other lands as may
be acquired under this section. Superintendents of institutions where
land is set apart therefor may furnish without charge the labor of their 6
inmates necessary to establish and maintain said nurseries. Seedlings 7
from these nurseries shall be furnished to the commonwealth without 8
expense for use upon reservations set aside for the propagation of forest 9
growths for other than park purposes. All stock grown in nurseries 10
established under this section shall be used within the commonwealth and 11
shall be furnished to state institutions without charge. The forester 12
may distribute seeds and seedlings to land owners, citizens of the com- 13
monwealth, under such conditions and restrictions as he may determine, 14
subject to the approval of the governor and council. The forester, with 15
the advice and consent of the governor and council, may expend from 16
time to time such sum as is appropriated therefor by the general court 17
in purchasing, for the establishment of nurseries provided for by this 18
section, lands situated within the commonwealth and adapted to the 19
propagation of forest tree seedlings. 20
Section 10. [Repealed, 1931, 126, § 4.]
1
Gypsy and
brown tail
moths de-
clared public
nuisances.
Regulations
for their
suppression.
1905, 381,
§§1.3.
1906,268, § 1.
1908.591, § 1.
1909, 263, § 2.
1919, 350,
§§39-41.
241 Mass. 1.
244 Mass. 93.
2 Op. A. G. 589,
3 Op. A. G. 536,
Section 11. The forester may, subject to the approval of the gov-
ernor, make rules and regulations governing all operations by towns or
persons for the purpose of suppressing the gypsy and lirown tail moths,
their pupae, nests, eggs and caterpillars, which are hereby declared public
nuisances. He may make contracts on behalf of the commonwealth;
may act in co-operation with any person, any other state, the United
States, or any foreign government; may conduct investigations and gather
and distribute information concerning said moths; may use and require
the use of all other lawful means of suppressing said moths; may lease
real estate when he deems it necessary, and, with the approval of the
authority in charge, may use any real or personal property of the com-
monwealth; may at all times enter ujion any land, and may use all reason-
able means in suppressing said moths; and, in the undertakings aforesaitl,
may, in accordance with this chapter, expend the funds appropriated or
donated therefor; but no expenditure shall be made or liability incurred
in excess of such appropriations and donations. No owner or occupant
of an estate infested by the aforesaid nuisances shall by reason thereof be
civilly or criminally liable except to the extent and in the manner and
form set forth in this chapter.
1
2
o
O
4
8
9
10
11
12
13
14
15
K)
17
IS
19
Penalty for
interfering
with moth
work.
1902,57, §3.
1905,381, § 11.
1906, 268. § 0.
Section 12. Whoever wilfully resists or obstructs the forester or any
officer of a town, or a servant or agent duly employed by said forester or
by any of said officers while engaged in suppressing the gypsy and brown
tail moths, elm leaf beetle, or any other tree or shrub destroying pest,
Chap. 132.] forestry. 1655
5 or knowingly fails to comply with any of the rules or regulations issued j^°[J' ^J^^. 5 2.
6 by the forester, shall be punished by a fine of not more than twenty-five §§ 39, ii.'
7 dollars.
1 Section 13. The mayor in cities and the selectmen in towns shall J^°™,' ,^^|rm-
2 annually in the month of January appoint a local superintendent for *™'l'''?/j?j j ^
3 the suppression of gypsy and brown tail moths. Said superintendents laoe! 268! § 2!
4 shall, under the advice and general direction of the forester, destroy 1910! 150!
5 the eggs, caterpillars, pupse and nests of the gypsy and brown tail moths \l\l[ §*; § 42.
6 within their limits, except in parks and other property under the control
7 of the commonwealth, and except in private property, save as othcr-
8 wise provided herein. The appointment of a local superintendent
9 shall not take effect unless approved by the forester; and when so
10 approved notice of the appointment shall be given by the mayor or the
11 selectmen to the person so appointed.
1 Section 14. When any city or town in which one twenty-fifth of one ^1™'^^^?^:^^
2 per cent of the valuation is more than five thousand dollars shall have and towns.
3 expended within its limits city or town funds to an amount in excess of 55 4,' 12. '
4 five thousand dollars in any one year ending November thirtieth in sup- {go?; 521;
5 pressing gjTJsy or brown tail moths, the commonwealth shall reimburse flc^'le*; 52.
6 such city or town to the extent of fifty per cent of such excess above said \l\°' 'so.
7 five thousand dollars. \l\l- eogj | %_
8 Cities or towns in which one twenty-fifth of one per cent of the valu- 1923, 311';
9 ation is less than five thousand dollars, and in which such valuation is 1931.426, 5 eo.
10 greater than six million dollars, shall be reimbursed by the common- -*'"^''''^- ^^•
1 1 wealth to the extent of eighty per cent of the amount expended by such
12 cities or towns of city or town funds in suppressing said moths in any
13 one such year, in excess of .said twenty-fifth of one per cent.
14 In towns in which the valuation is less than six million dollars, after
15 they have expended in any one such year town funds to an amount equal
16 to one twenty-fifth of one per cent of their valuation, the commonwealth
17 shall expend within the limits thereof for the suppression of said moths
18 such an amount in addition as the forester, with the advice and consent
19 of the governor, shall determine. The commonwealth shall reimburse
20 cities and towns every sixty days.
21 No city or town shall be entitled to any reimbursement from the
22 commonwealth until it has submitted to the comptroller itemized ac-
23 counts and vouchers showing the definite amount expended by it for the
24 purpose of suppressing said moths, nor shall any money be paid out of
25 the state treasury to cities or towns until said vouchers and accounts
26 have been approved by the forester and the comptroller, nor unless said
27 expenditure shall have been duly authorized and approved by the
28 forester.
29 For the purposes of this section and section sixteen, the valuation of a
30 city or town shall mean the valuation of such city or town, as determined
31 by the last preceding valuation made for the purpose of apportioning the
32 state tax.
1 Section 15. Every city or town in rendering the account required iio°%\', § 7.
2 by the preceding section shall deduct from such amount as it has expended J^oe, 268. § 5.
3 the total amount it has assessed for work performed under section eighteen
4 during the term covered by the account, if such work was performed
1656
FORESTRY.
[Chap. 132.
under such conditions as require reimbursement in whole or in part by 5
the commonwealth. 6
Sums to be _
spent by citiea
and towns.
1905.381, § 5.
1906. 268. § 3
1907, 521, ' "
1909, 263
1911, 474
1919, 350,
1923, 472,
§2.
§2.
§ 42.
§3.
2 Op. A. G. 594.
Section 16. When, in the opinion of the forester, any city or town 1
is not expending a sufficient amount for the abatement of said nuisance 2
or is not conducting the necessary work in a proper manner, the forester 3
shall, with the advice and consent of the governor, order such city or 4
town to expend such an amount as the forester shall deem necessary, and 5
in accordance with such methods as the forester, with the consent of the 6
governor, shall prescribe; provided, that no city or town where the 7
valuation exceeds six million dollars shall be required to expend, ex- 8
elusive of any reimbursement received from the commonwealth, during 9
any one full year more than one fifteenth of one per cent of such valua- 10
tion, and that no town where the valuation is less than six million dollars 11
shall be required to expend, exclusive of any reimbursement received 12
from the commonwealth, during any one full year more than one twenty- 13
fifth of one per cent of such valuation. 14
Same subject.
1905, 381, § 5.
1906, 268, § 3.
1907, 521, § 2.
1909, 263, § 2.
1911,474.
1919. 350, § 42.
1931, 426, I 76.
Notice to
land owners.
Assessment of
cost of work.
1905, 3S1, § 8.
1906, 268, § 4.
190S, .591, § 2.
1909, 263, § 2.
191S, 124.
Section 17. Any city or town failing to comply with the directions 1
of the forester in the performance of said work within the date specified 2
by him shall pay a fine of one hundred dollars a day for failure so to do, 3
said fine to be collected by information brought by the attorney general 4
in the supreme judicial court for Suffolk county. 5
In case of emergency, or where there is great or immediate danger of 6
the increase or spread of moths due to the neglect of any city or town 7
to comply with the provisions of this chapter relating to the suppression 8
of gypsy and brown tail moths, the forester, with the consent of the 9
governor, may initiate or continue the work of suppression within such 10
city or town for such a period as he may deem necessary. The cost of 11
such work, including that done on private estates, less any sum due from 12
the commonwealth by way of reimbursements on account of said work, 13
shall be certified by the forester to the state treasurer, and be collected 14
by him as an additional state tax upon the city or town so failing to 15
comply with the requirements of the law. The forester may also in case 16
of emergency, subject to the approval of the governor, carry on wholly 17
or in part such operations as may be necessar\' to check the spreading of 18
the gypsy or brown tail moth in parks not under the control of the com- 19
monwealth, and in cemeteries, woodlands and other places of public 20
resort. The amount to be so expended in any one year shall not exceed 21
ten per cent of the appropriations made for the year by the commonwealth 22
for the purpose of suppressing said moths. The forester may also take 23
complete control of the work of suppressing the gypsy and brown tail 24
mollis in such cities and towns as may through the proper officials request 25
it. The cost of such work shall be certified Ijy the forester to the state 26
treasurer, and shall be collected by him as an additional state tax upon the 27
city or town wherein such work is performed; provided, that no city or 28
town shall be required to pay more for such work than ^\•ouId have been 29
its liability as defined by section sixteen. 30
Section 18. The mayor of every city and the selectmen of every 1
town shall, on or before November first in each year, and at such other 2
times as he or they shall see fit or as tlie forester may order, cause a notice 3
to i)e sent to the owner, so far as can be ascertained, of every parcel of land 4
therein which is infested with said moths; or, if such notification appears 5
Chap. 132.] forestry. 1657
6 to be impracticable, by posting such notice on said parcels of land, re- isis. 35o, 1 42.
7 quiring that the eggs, caterpillars, pupse and nests of said moths shall be 241 Mass! 1.
8 destroyed within a time specified therein. The publication of the notice p- • •
9 in newspapers published or circulated in the city or town at least three
10 times during the month of October shall be deemed a compliance with the
11 law, if in the opinion of the mayor or selectmen such publication will be
12 a sufficient notice.
13 When, in the opinion of the mayor or selectmen, the cost of destroying
14 such eggs, caterpillars, pupae or nests on land contiguous and held under
15 one ownership in a city or town shall exceed one half of one per cent of
16 the assessed value thereof, a part of said premises on which said eggs,
17 caterpillars, pupie or nests shall be destroyed may be designated in such
18 notice, and such requirement shall not apply to the remainder of said
19 premises. The mayor or selectmen may designate the manner in which
20 such work shall be done, but all work done under this section shall be sub-
21 ject to the approval of the forester.
22 If the owner shall fail to destroy such eggs, caterpillars, pupae or nests
23 as required by said notice, the city or town, acting by the local superin-
24 tendent appointed under section thirteen, shall, subject to the approval
2.5 of the said forester, destroy the same, and the amount actually expended
26 thereon, not exceeding one half of one per cent of the assessed valuation
27 of said lands, as heretofore specified in this section, shall be assessed upon
28 the said lands; and such an amount in addition as shall be required shall
29 be apportioned between the city or town and the commonwealth in
30 accordance with section fourteen. The amounts to be assessed upon
31 private estates as herein provided shall be assessed and collected, and
32 shall be a lien on said estates, in the same manner and with the same
33 effect as in the case of assessments for street watering.
1 Section 19. If, in the opinion of the assessors of a city or town, any Assessment
.,, ^,1 , f • ^ • 01 special
2 land therem has received, by reason of the abatement ot said nuisances benefits^
3 thereon by said forester or by said city or town, a special benefit beyond i5o9; 263; § 2.
4 the general advantage to all' land in the city or town, then the said as- i9i9. 35o. § 42.
5 sessors shall determine the value of such special benefit and shall assess the
6 amount thereof upon said land; provided, that no such assessment on
7 lands contiguous and held under one ownership shall exceed one half of
8 one per cent of the assessed valuation of said lands; and provided, that
9 the owner or owners shall huve deducted from such assessment the
10 amount paid and expended by them during the twelve months last pre-
11 ceding the date of such assessment toward abating the said nuisances on
12 said lands, if, in the opinion of the assessors, such amount has been ex-
13 pended in good faith. Such assessment shall be a lien upon the land for
14 three years from the first day of January next after the assessment has
15 been made, and shall be collected under a warrant of the assessors to
16 the collector of taxes of such city or town, in the manner and upon the
17 terms and conditions and in the exercise of the powers and duties, so
18 far as they may be applicable, prescribed by chapter sixty, and real
19 estate sold under such warrant shall be subject to the provisions of said
20 chapter relative to land sold for taxes.
1 Section 20. A person aggrieved, by such assessment may appeal to Appeal.
2 the superior court for the county where the land lies, by entering a com- ^^°'' ^*^' ^"
3 plaint in said court within thirty days after he has had actual notice
4 of the assessment, which complaint shall be determined as other causes
1658
FORESTRY.
[Chap. 132.
by the court without a jury. The complaint shall be heard at the first 5
sitting of said court for trials without a jury after its entry; but the court 6
may allow further time, or may advance the case for speedy trial, or may 7
appoint an auditor as in other cases. The court may revise the assess- 8
ment, may allow the recovery of an amount wrongfully assessed which 9
has been paid, may set aside, in a suit begun within three years from the 10
date thereof, a collector's sale made under an erroneous assessment, may 11
award costs to either party, and may render such judgment as justice and 12
equity require. 13
Section 21. If, in the opinion of the assessors, the owner of an estate
Abatement of
assessment. ,.» i~i I'l £ ' n '^
1905, 381, § 7. upon which an assessment has been made is, by reason oi age, innrmity or -s
1907: 52i; I !: poverty, unable to pay the assessment, they may upon application abate 3
the same. 4
Application for
abatement.
1911,242, § 1.
Section 22. A person aggrieved by the taxes assessed upon him for 1
the suppression of gypsy and brown tail moths, pursuant to section 2
eighteen or nineteen, may, within six months after the date of the first tax 3
bill issued on account of the taxes complained of, apply to the assessors 4
for the abatement thereof, who may make such abatement as they deem 5
reasonable. 6
Abatement.
1911,242, § 2.
Section 23. The assessors shall not abate a tax under the preceding 1
section except upon the written recommendation of the local superin- 2
tendent who certified the assessment in question to the assessors or pro- 3
vided them with the information as to the work performed, upon which 4
such tax was assessed, unless the error or excess complained of originated 5
in the work of the assessors who laid the tax. 6
Record of
abatement.
1911, 242, §3.
Section 24. The assessors shall keep a record of all such taxes abated 1
and shall preserve for three years all written recommendations received 2
under the preceding section. They shall furnish the collector of taxes 3
with a certificate of each abatement, which shall relieve him from the 4
collection of the sum abated. 5
Tent cater-
pillar, leopard
moth and elm
beetle.
1902, 57, § 1.
1914, 404, § 1.
Section 25. The city forester, superintendent or other person having 1
charge of the suppression of gypsy and brown tail moths in each city and 2
town in the commonwealth, or, where there is no such person, the tree 3
warden may destroy within the limits of his city or town the tent cater- 4
pillar, leopard moth and elm beetle or any other tree or shrub destroying 5
pest, if authorized so to do by the mayor and city council or by the select- 6
men jn towns. 7
Entry on land.
Assessment for
cost of work.
1902, 57, § 1.
1914, 404, § 2.
Section 26. The city forester or other officer designated in the 1
preceding section may enter upon pri\ate land, and the owners of pri\ate 2
l^nd may be taxed for work done under said, section as provided by 3
sections eighteen and nineteen; provided, however, that nothing con- 4
tained in this section shall require the commonwealth to pay any part of 5
an\' such expense other than for the suppression of the gypsy and brown 6
tail moths, that no land shall be assessed hereunder which has been 7
assessed the maximum amount proviiled by .said sections eighteen and 8
nineteen for the suppression of the gypsy and brown tail moths, and 9
that the aggregate assessment on any parcel of private land for the sup- 10
Chap. 132.] forestry. 1659
11 pression of the tent caterpillar, leopard moth, elm beetle and gypsy
12 and brown tail moths shall not exceed the maximum provided by said
13 sections.
1 Section 27. To assist in exterminating gJT)sy and brown tail moths, Arsenate of
2 the local moth superintendent in any city or town may furnish, at cost, aTcos""'^ ^
3 to any owner of real estate situated within such city or town arsenate of \l\l[ ^^ ' ^ ^'
4 lead. It shall be used only for the suppression of gypsy and brown tail
5 moths and only upon land of the purchaser.
1 Section 2S. The amounts due for material furnished under the Collection
2 preceding section shall be charged by the local moth superintendent to Charged"
3 the owners of private estates, and shall be collected in the same way as '®^^' ^"*' ^ ^
4 amounts assessed for private work, and shall be a lien on said estates in
5 the same manner as said assessments. The amount thus charged shall
6 be deducted from the total amount expended in each city or town in the
7 suppression of the gypsy and brown tail moths as provided in section
8 fifteen.
1 Section 29. To assist in exterminating insect pests the city forester. Forester
2 local moth superintendent or tree warden in any city or town may obtain a?se"a°c
3 from the forester, at cost, arsenate of lead. It shall be used only for the Jgll'^'lvi.
4 suppression of gypsy and brown tail moths, the tent caterpillar, leopard i^'^' ^^°' ^ *^-
5 moth and elm beetle, and only upon lands owned or controlled by the
6 city or town. The cost of said material shall be certified by the forester
7 to the state treasurer, and shall be collected by him as an additional state
8 tax upon the city or town making such purchase.
1 Section 30. The commissioner, with the approval of the advisory state forests.
2 council of the department of conservation, may acquire for the com- tiontowerr
3 monwealth, by purchase or otherwise, and hold, or, with the approval of \l\t] l^] ^ ^■
4 the governor and council, may take in fee by eminent domain under l^'aV^"'
5 chapter seventy-nine, any woodland or land suitable for timber culti- 1922, iss. ^ ^
6 vation within the commonwealth or any land necessary for the erection
7 and operation of forest fire observation towers. The average cost of
8 land so purchased shall not exceed five dollars an acre. •
1 Section 31. Lands acquired under section thirty or thirty-three Management
2 shall be known as state forests, and shall be under the control and man- i9u^7%o°'r3^'
3 agement of the forester. Lands acquired by purchase for experiment and {931; jfg; 1 1^
4 illustration in forest management and for reforestation under the pro-
5 visions of chapter four hundred and seventy-eight of the acts of nine-
6 teen hundred and eight and amendments thereof, or of the corresponding
7 provisions of later laws, as to which the period limited for repurchase by
8 their original owners, or their heirs or assigns, in accordance with said
9 provisions shall have expired without such repurchase, shall also be
10 known as state forests and shall be under the control and management
11 of the forester to the same extent as if acquired under section thirty.
12 He shall reforest and develop such lands, and may, subject to the ap-
13 proval of the commissioner and advisory council of the department of
14 conservation, make all reasonable regulations which in his opinion will
15 tend to increase the public enjoyment and benefit therefrom and to
16 protect and conserve the water supplies of the commonwealth.
1660
FORESTRY.
[Chap. 132.
1914 °72cr'§''6' Section 32. The forester, subject to the approval of the commissioner 1
1919', 35o! 5 42. and advisory council of the department of conservation, may expend 2
such sums as are annually appropriated for the necessary expenses in- 3
curred under section thirty-one. 4
Additional
lands for
Btate forests.
Temporary
assistants.
1920, 604,
§§ 1-3.
1921,238.
1923, 288, 5 :
1930, 274.
Section 33. In addition to lands acquired under section thirty the 1
commissioner may purchase or, with the approval of the governor and 2
council, take by eminent domain under chapter seventy-nine and hold 3
for state forests lands within the commonwealth suitable for the produc- 4
tion of timber to the extent of not more than one hundred and fifty r>
thousand acres. The land shall be purchased before August fifth, nine- 6
teen hundred and thirty-five, at a rate not exceeding an average cost of 7
five dollars per acre or at such price as the general court may from time 8
to time determine. The forester shall reclaim the said lands by replant- 9
ing or otherwise in order to produce timber and to protect the water 10
supply of the commonwealth. The forester may employ temporarily 11
such persons as foresters, assistant foresters, engineers, surveyors, forest 12
fire observers and foremen as he deems necessary to assist him in carry- 13
ing out his duties under this section, and the employment of such persons 14
shall not be subject to chapter thirty-one. 15
Rules as to
use of state
forests.
Penalty.
1920, 604, § 4.
1928, 87.
Section 34. The commissioner may make rules and regulations rela- 1
tive to hunting and fishing or other uses of any such land, provided that 2
such rules and regulations shall be consistent with all laws in relation to 3
the protection of fish, birds and quadrupeds. Whoever violates any 4
provision of any such rule or regulation shall be punished by a fine of 5
not more than twenty-five dollars. 6
Sale, etc., of
state forest
land and
interests
therein.
Light and
power trans-
mission lines.
1923, 288, § 3.
1931, 126, § 3.
Section 34A. The commissioner, with the approval of the governor
and council, and after a public hearing, may sell or exchange any land
acquired by the commonwealth under section thirty or thirty-three,
chapter three hundred and forty-four of the acts of nineteen hundred
and twenty-one, or chapter four hundred and seventy-eight of the acts
of nineteen hundred and eight and amendments thereof or corresponding
provisions of later laws, and may in like manner grant rights of way for
public highways over any such land, if in his judgment such sale, ex-
change or grant is advantageous to the commonwealth, and may execute
such deeds of conveyance or other papers as may be neces.sary; and the
commissioner may also grant over or across any such lands such loca-
tions as shall be found by order of the department of public utilities after
public hearing to be required by public necessity or convenience for
telephone, telegraph or electric light or power transmission lines, and
as in his judgment are necessary and will serve the pul)lic interest, and
may execute such {)apers as may be necessary; provided, that no sale
or exchange of any land or interest therein acquired by the common-
wealth under said chapter four hundred and seventy-eight and its
amendments or corresponding provisions of later laws, which is subject
to an option of repurclia.se, and tiiat no grant either of right of way or
Iticatiou over or across the same, shall be made unless the holder of such
option joins in the sale, exchange or grant.
At the request of the commissioner, and after public hearing, the
department of public utilities may by order alter or revoke any such
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1.5
1(>
17
18
19
20
21
22
23
24
ClL^P. 132.] FORESTRY. 1661
25 location whenever in its opinion the public interest or the rights of the
26 commonwealth so require; provided, that before so doing notice of said
27 hearing shall be given to the grantee of the location and all persons
28 interested, and provided, further, that the grantee or any person inter-
29 ested in such order may appeal therefrom to the governor and council
30 within fourteen days after the filing of a copy of such order as provided
31 in the following paragraph.
32 The commissioner within fourteen days after granting any such loca-
33 tion shall file a copy of the grant of the same, together with a copy of the
34 order of the department of public utilities that the location is required
35 by public necessity or convenience, in the office of the clerk of the town
36 where the location is granted, and the department of public utilities
37 shall file in the office of said clerk any order altering or revoking such
3S location, and the clerk of such town shall receive and record the same.
1 Section 35. Towns may acquire by purchase, gift or bequest lands Forests
2 for the purpose of forestation and may reclaim and plant such lands, towns.
3 The said department may upon application in such form as the forester {go"; 2°*' ^ ''
4 may prescribe furnish such towns free of charge with seedlings for the
5 planting of their lands.
1 Section 36. To meet the expenditures authorized by sections thirty- f'9P2Po°^o^'"^™-
2 three to thirty-five, inclusive, the said department may expend before
3 August fifth, nineteen hundred and thirty-five, such sums not exceeding
4 three million dollars as the general court may from time to time appro-
5 priate.
1 Section 37. Every local forest warden, in addition to his duties D^^;<^j''^°^f^j
2 prescribed by chapter forty-eight, shall investigate the values of forest wardens!"
3 lands, the character and extent of woodcutting operations, the preva- \l%[ tlo, § 42.
4 lence of insect pests injurious to forest growths, and other matters
5 affecting the extent and condition of woodlands in his town, and shall
6 report thereon to the forester at such times and in such form as he
7 requires.
state trails or paths.
1 Section 38. The commissioner may lay out, construct and main- state trails
2 tain trails or paths through or over lands in state forests and in public iqH 284, § 2.
3 reservations and trails or paths leading to important mountains and
4 other objects and places of special interest and beauty and he may con-
5 nect such trails or paths in order to make them continuous so far as
6 practicable. The commissioner on behalf of the commonwealth may
7 purchase such lands or easements therein as may be necessary for the
S aforesaid purposes. He may post such trails or paths, erect signs thereon
9 and construct suitable rest camps or shelters at appropriate places. He
10 may by special permit in writing allow portions of such trails or paths
11 to be enclosed and used by the owner of adjoining land, for any use not
12 interfering with public passage on foot, during the whole or any part of
13 the year upon such conditions as the commissioner may prescribe and
14 such permits may be revoked at his pleasure. The commonwealth shall
15 not be liable for injury or damage sustained on such trails or paths.
1662
[Chaps. 132, 132A.
Same subject.
Contributions
by cities, etc.
1924, 284, § 2.
Section 39. The mayor, selectmen or road commissioners, or the 1
board or officer having charge of the maintenance and care of highways, 2
if so authorized by the city council or by the town, may agree in writing, 3
on behalf of such city or town, to contribute money, labor or materials 4
toward the laying out or construction of any state trail or path which 5
the commissioner may lay out and construct within such city or town. 6
CHAPTER 132A.
STATE PARKS AND RESERVATIONS OUTSIDE OF THE METRO-
POLITAN PARKS DISTRICT.
Sect.
1. Gifts and bequests.
2. Assumption of care and maintenance
by department of conservation.
3. Acquiring land. Recreational facili-
ties. Sale or exchange of land. Sale
of products.
4. Apportionment of expense.s, etc., among
certain cities and towns, how deter-
mined.
Sect.
5. Estimate of expenses, etc., and assess-
ment.
G. "Valuation" and "population" de-
fined.
7. Rules and regulations. Penalty. Con-
cessions.
S. Director of division of parks to act in
advisory capacity.
9. Annual report.
Gifts and
bequests.
1931, 391,
Section 1. The commissioner of conservation, in this chapter called 1
the commissioner, with the approval of the governor and council, may 2
accept in trust, on behalf of the commonwealth, bequests or gifts to be 3
used for the purpose of ad\'ancing the recreational and conservation in- 4
terests and policies of the commonwealth, and shall administer the same 5
in such manner as to carry out the terms of such bequests or gifts, and 6
he may, subject to like approval, accept on behalf of the commonwealth, 7
gifts of land outside of the metropolitan parks district to be held and 8
managed for recreational and conservation purposes. All moneys and 9
securities received hereiuider shall be transferred forthwith to the state 10
treasurer, who shall administer the same as provided by section si.xteen 1 1
of chapter ten. 12
Section 2. The commissioner, with like approval, on petition of any
Assumption
of care and , ^ ^ - - ^
b "dimnmcnt "^^ard or commission charged with the care and maintenance of any park
of conservation, or rcscrvatiou owned by the commonwealth outside of the metropolitan
parks district, with the approval of the county commissioners of the
county or counties wherein such park or reservation is situated, except
in cases where said county commissioners are the petitioners, may, on
behalf of the commonwealth and acting through the division of parks
of the department of conservation, in the following seven sections called 8
the division, assume the care and maintenance of such park or reservation, 9
and thereafter shall expend for the care and maintenance tliereof such 10
sums as may be appropriated therefor. 11
AcquirinK
liiiul. Kc'.rea-
tiunal lacili-
tics. Sale or
exchange of
Section 3. The commissioner may, from time to time within the 1
limits of appropriations made therefor, acquire for the commonwealth, 2
otherwise than by eminent domain, any lands suitable for purposes of 3
Chap. 1:32A.] state parks and reservations. 1663
4 conservation or recreation lying outside of the metropolitan parks dis- land. Saio
5 trict, and may lay out and maintain such lands for such purposes and 1931,391, 53.
6 erect and maintain such structures and other facilities thereon as may
7 be necessary to render such lands reasonably available and accessible
8 therefor. The commissioner may, with the approval of the governor
9 and council, sell or exchange any land acquired under this section which
1(1 in his judgment can no longer be advantageously used for purposes of
11 recreation or held for purposes of conservation. He may, at any time,
12 sell such wood, timber or other product of the lands controlled by the
13 division as the economical management of said lands may require. All
14 moneys received under this section shall be paitl into the state treasury.
1 Section 4. The proportion in which each city and town of the com- Apponion-
2 monwealth, exclusive of those comprising the metropolitan parks dis- expenses, etc.,
3 trict, but including Cohasset, shall annually pay money into the treasury t^n^ftLT
4 of the commonwealth to meet the expenses incurred under this chapter, hot Sr-
5 and the cost of maintaining the division, and any deficiency in the amounts J'Jai'^ggi, 5 3.
6 previously paid in, shall annually be determined by the state treasurer
7 according to the average percentage of valuation and population, de-
8 termined as to any city or town by adding together the percentage which
9 the valuation of the same bears to the total valuation of the cities and
10 towns of the commonwealth, exclusive of those comprising said district,
11 but including Cohasset, and the percentage which the population of
12 such city or town bears to the total population of the cities and towns of
13 the commonwealth, exclusive of those comprising said district, but
14 including Cohasset, and dividing this sum by two.
1 Section 5. The amount of money required each year from every Estimate of
2 such city and town to meet the expenses and cost aforesaid, and the IndTsSsment.
3 deficiency, if any, shall be estimated by the comptroller, and assessed i93i.39i. §3.
4 by the state treasurer in accordance with the proportions determined as
5 aforesaid, and shall be included and made a part of the sum charged to
6 such city or town, and shall be paid by such city or town into the state
7 treasury at the time required for the payment of its proportion of the
8 state tax.
1 Section 6. For the purposes of section four, the word "valuation" ^,ycf'"popuia-
2 shall mean taxable valuation of property last established next prior to 'j'^3","^^f"|^3
3 the determination therein pro\ided for, by the general court as a basis
4 of apportionment for state and county taxes, and the word "population"
5 shall mean the population as determined by the latest census, state or
6 national, next prior to such determination.
1 Section 7. The commissioner, with the approval of the governor Rules and
2 and council, may make rules and regulations for the government and p|"aity.
3 use of all projierty under the control of the division, including rules and ^93°739T§'3.
4 regulations relative to hunting and fishing not inconsistent with the
5 laws protecting fish, birds and mammals. Such rules and regulations
6 may also provide for the payment of fees and other charges for the park-
7 ing of vehicles and for the enjoyment of other special privileges within
8 the territory under such control. The commissioner shall cause such
9 rules and regulations to be posted in the territory to which they apply.
10 The sworn certificate of the director of the division of parks of the de-
1664
STATE PARKS AND RESERVATIONS.
IChap. 132A.
partment of conservation, in the following two sections called the di- 11
rector, that the same have so been posted shall be prima facie evidence 12
thereof. Violation of such a rule or regulation shall be punished by a 13
fine not exceeding twenty dollars. The commissioner may grant con- 14
cessions for the sale of refreshments and other articles and the furnishing 15
of services within anv such territory'. 16
Director of
division of
parks to act
in advisory
capacity.
1931, 391. § 3.
Annual report.
1931, 391, § 3.
Section 8. The director shall, in an advisory capacity, assist boards 1
and commissions charged with the care and maintenance of parks or 2
reservations owned by the commonwealth outside of the metropolitan 3
parks district, which are not placed under the care and control of the 4
division. 5
Section 9. The commissioner shall make an annual report of the 1
acts of the director. 2
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